Article 86
Succession
1.
Upon the Authority assuming its functions, responsibilities and powers pursuant to
paragraph 3 of article 4, the Authority shall supersede ARCOM, established by DecreeLaw No. 12/2003 of 29 July, as regulator of the telecommunications sector and ARCOM
shall be dissolved.
2.
All references in any law other than the present Decree-Law, regulation, licence or any
other statutory instrument to ARCOM shall be construed as a reference to the Authority,
unless otherwise required by the context.
3.
The Authority shall succeed ARCOM and shall continue the legal personality thereof,
assuming all of its assets, rights and obligations.
4.
ARCOM, or upon its dissolution the Minister, shall deliver to the Authority all the
information, data and documents belonging to ARCOM in paper, electronic and other
format, as well as information on all the rights and liabilities of ARCOM.
5.
It shall be lawful for the Authority to take all necessary steps to guarantee the possession
of all property transferred and rights allocated pursuant to the present Decree-Law.
6.
The Authority shall not be ARCOM’s successor as employer.
7.
The Minister shall reassign ARCOM’s former employees within the Ministry of
Infrastructure unless they are employed by the Authority.
8.
ARCOM’s former employees may be employed by the Authority by entering into new
employment contracts between the Authority and each employee in accordance with
article 12.
9.
Within three months after the Authority assumes its functions, responsibilities and
powers pursuant to paragraph 3 of article 4, the Authority shall be bound to expressly
abide by the agreement governing the early termination of the Concession Contract
entered into between the Democratic Republic of Timor-Leste and Timor Telecom, and
the Authority shall exercise its functions, responsibilities and powers in a manner that
complies with such agreement.
Article 87
Transitional
1.
The following provisions of the present Decree-Law shall not come into effect prior to 1
January 2013:
a)
Paragraphs 4 and 5 of article 48;
b)
Subparagraph b) of paragraph 1 of article 49 and paragraph 3 of article 49;
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