The Electronic and Postal Communications Act
This section gives the Act its short title and says it starts on a date set by the Minister in a Gazette notice.
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- The Electronic and Postal Communications Act
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Statute overview
About this statute
This section gives the Act its short title and says it starts on a date set by the Minister in a Gazette notice. The Act applies to Mainland Tanzania and Tanzania Zanzibar, but it does not apply in Tanzania Zanzibar for activities that fall under the Zanzibar Broadcasting Commission’s jurisdiction. This section defines terms used in the Act, including access, Authority, and abuse of dominant position. The Authority may issue licences and regulate electronic communication systems and services, subject to the Act. This section lists licence types under the Act and says licence duration is set by regulations made under the Act.
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Provisions of The Electronic and Postal Communications Act
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2. A pplication
This section gives the Act its short title and says it starts on a date set by the Minister in a Gazette notice.
1.—(1) T his Act may be cited as the Ivlcetronie and Postal C o m m u n ic a tio n s Act. 2010. ( 2 ) T his Act shall co m e into operation on such date as the M inister m ay, by notice published in the Gazette. appoint. Application - 2 Verify source ↗
A pplication
The Act applies to Mainland Tanzania and Tanzania Zanzibar, but it does not apply in Tanzania Zanzibar for activities that fall under the Zanzibar Broadcasting Commission’s jurisdiction.
2.—(1) This Act shall apply to M ainland T an z a n ia as well as to Tanzania Zanzibar. (2 ) This Act shall not apply to Tanzania Zanzibar, with respect to those activities, which by virtue o f the Z a nz iba r B roadcasting C o m m issio n Act, the jurisdiction o f the Z anzibar B roadcasting C om m ission. fall within Interpreta tion - 3 Verify source ↗
Interpretation
This section defines terms used in the Act, including access, Authority, and abuse of dominant position.
3. In this Act, unless the context otherw ise requires - "ab use o f the d o m in a n t position" m eans an act w hercby- (i) (ii) and affected com petition a firm holds a position o f such e c o n o m ic strength that allow s it to operate in a m arket w ithout being significantly it by e n gages in conduct that is likely to im pede the effective or m aintenance d e ve lop m e nt competition: a tied selling firm exercises, p redatory pricing, exclusive dealing, m arket restriction and price squeezing but does not include an act w here by a licen see's vigorous com petition takes business from less efficient com petitors; o f "a c c ess" m eans the m aking available by one person or netw ork, o f electronic to another o r electronic c o m m u n ic a tio n s networks, or parts thereof, person or network, for the purpose o f enablin g - com m u nications services (a) (b) (e) construction, m aintenance and operation o f an electronic c o m m u n ic a tio n s netw ork; provision o f an electronic c o m m u n ic atio n s service: electronic use c o m m u nications services: construct, m aintain to operate and and o f an 10 N o . 3 E lec tro n ic a n d P ostal C o m m u n ic a tio n s 2010 (d) electronic co m m u n ic atio n s netw ork; and to provide an electronic c o m m u n ic a tio n s service; "A p p lic a tio n s Service electronic c o m m u n ic a tio n s licence entitling the h older to provide one or m ore applications services; L icence” m ean s an Cap. 172 "a pplication service licensee" m eans a holder o f an application service licence; "a ss ig n e e " m eans a person w h o holds an individual assign m e nt or who is registered under a class a ssignm ent; " a ss ig n m e n t" m e a n s an individual assignm e n t or a class assignm ent; the T anzania C o m m u n ic a tio n s Regulatory " A u th o rity " m eans A uthority established under Tanzania C o m m u n ic a tio n s R egulatory A uthority Act; "autho rized dealer" includes agent and distributor authorized b\ applications service licensee to sell or distribute SIM cards and. or non - SIM card devices to subscribers; "b la c k listin g " m eans, to render a m obile te lephone inactive by a m m obile cellular operator, and to deliberately disable an \ access which any person in control o f the said m obile telephone may have, to any o f the m obile cellular operators; "b lac k list" m eans all IMLI n um bers reported as lost, stolen or destroyed; " b ro a d c astin g ap paratus" m eans an app aratus for the reception o f television broadcast or for reception o f sound broadcasts and. w here an apparatus is designed or constructed for the reception o f both television and sound b roadcasts other than those relating to television broadcasts, such apparatus shall be d e em e d to co m prise tw o sets o f apparatus, one for the reception o f television which is television broadcasts and ano th er one for the reception o f sound broadcast w hich is radio, as the case m ay be; "bro a d c a stin g Hag" m eans a set o f status bits or "fla g " set in the data indicates stream o f a digital w hether or not the data stream can be recorded or if there is any restrictions in the recorded content; television p ro g ra m m e that "bro a d c a stin g service" m eans a radio c o m m u n ic a tio n service in w hich the transm issions arc intended for direct transmissory reception by m em bers o f the general public and "broadcast" used as a verb shall be construed accordingly; " b ro a d c astin g station" m eans all prem ises w h a tso e v e r used for t . No. 3 Electronic and Postal Communications 2010 purpose o f carrying on broadcasting scrviccs toge: the vehicles required in connection with them: “ built-in SIM card" m ean s e m b e d d e d SIM card to mob - transmitters, e q uipm ent. apparatus and :*h ::k uding . ■ ::al equipm ent; “ Central E quipm en t Idcntillcation Register" in an electronic database which h C E IR m ean s pairs o f phone num bers and IM EIs in form w hite list, black list and grey list: its z~~ . n io n i ? u r j j c >t> “ class a ssig n m e n t" m eans a declaration issued b\ ' - pursuant to this Act granting a class o f persi i>- - ~ certain rules, rights to use— frequencies; or n um b ers or electronic addresses; (a) (b) n \ to “ class licence" m eans a declaration issued by the Aut * \ this Act authorizing a class o f persons ' . . to electronic com m unication services subject t as m a y be determ ined by the Authorty; “ conditional a c cess” m eans to restrict television pr _ *'_^:it . Jc . i t s r r *. to certain groups o f users either because privacy or the desire to collect revenue f o r : requires secure encryption o f the program m e _ decryption in a set top box for each viewer: . - - • - - e . . . . as for ; his sre “ C e n tr e ” m ean s the Subscribers Inform ation C . *. >hed un der sub-part (i); “ c o -lo ca tio n” m eans the acco m m o d a tio n o f tw o cc - *-_■ : * _hes, a n tenn as or other electronic com m unicat: «-■* — - : in or on a single building, tow er or other s t n . - — . " c o m p u te r " m e a n s an electronic device used to ~-_r_ r r ~ »re and output data: "c o n te n t" m eans information in the form o fsp c ~ ~ data, text or images w heth er still or m • transm itted in private co m m unications: :r - _ id. jrc « "c o n te n t service” m eans service offered for Sjxv-* _ images w hether still or me text or transm itted in private com m unications: * . —- r - .nd. '■'.sere "C o n ten t Service L icence” m eans an electr ~ - ^ b b b b b c h ns -nt “ * r - . . : liccncc entitling the holder to provide applications scrvices; "c on te n t service licensee" m eans a holder - - • ce licence; N«l 3 /:7c t ironic and Posted Communications 2010 "con stru ctio n perm it" m eans the authorization granted by the A uthority to an applicant w ho se applicant for the provision o f broadcasting services has been approved by the Authority for the Construction o f facilities for the pro\ ision o f content services; " c o n s u m e r " m ean s any person w h o uses electronic com m unication or postal product or services; " c o n v e rg e n c e " m eans the integration o f different netw orks into a c o m m o n digital platform that allow s various s e n ices to be deploy ed lor ex a m p le video, audio, text, graphics, data and other new services; " C o u rie r Service" m eans specialized services the speedy collection, c o nv eyance and delivery i'll' postal articles other than letter; for " c u s to m e r" m eans any person who obtains or seeks to obtain s e n ices o f any kind from a person undertak in g activities pursuant to this Act. and includes subscribers; " c u s to m e r e q u ip m e n t" m eans cabling, hardw are and software, em ploy ed on the c u sto m e r side o f the network boundary ; " d e a le r" m eans a person w ho - e q u ip m ent, including (a) (b) (c) industry in which carries on a trade, business or electronic com m un icatio n app aratu s arc assem bled, m anufactured, sold, hired or imported, bought, exchanged; deals apparatus are installed; or auctions broadcasting apparatus; in w hich broadcasting in m otor vehicles " D ire c to r G e n e ra l" m eans the Director G eneral o f the A uthority; " d o m in a n t licensee" m eans a licensee w ho has been determ in ed by live percent o f the the Authority to have m ore than thirty electronic co m m u nication or postal s e n ices market; "electronic com m u n ic a tio n " m eans radio com m u n ic a tio n or. as appropriate, the com m un icatio n o f information in the form o f speech or other sound, data, text or images, by m eans o f guided and unguidcd electrom agnetic energy; "electronic c o m m u n ic atio n eq u ip m e n t" m ean s an e q u ip m e n t used the in the form o f speech or for c o m m u nication o f information c o m m unication appropriate, radio or, as No. 3 Electronic and Postal C 'ommunications 2010 "electronic co m m u n ic a tio n s licence" m eans an individual licence or a class licence; "electronic c o m m u nicatio ns m arket" covers all "electronic c o m m unication s licensee" m eans a person w ho holds an individual licence or w ho is registered u nder a class licence; the electronic c o m m u n ic a tio n s market and services including fixed line v oice telephone, mobile and broadband co m m u n ic a tio n s and cable and satellite television; "electronic c o m m unication s netw ork " m ean s any netw ork that electronic e nables or facilitates c o m m u n ic a tio n s service; the provision o f an "electronic co m m u n ic atio n s service" m eans any service the purpose to enable or facilitate electronic is or effect o f which c om m u nicatio n; "electron ic com m u nicatio n system " m eans any system used or intended to be used for electronic c o m m un ication ; "E lectron ic Serial N u m b e r in its abbreviation " E S N " m eans a unique code or nu m b er used by electronic c o m m un ication s netw ork to identity an individual electronic c o m m un ication s equipm ent; “ Fair C om petition C o m m issio n " m eans the Fair C om petition C o m m issio n established under the Fair C om petition Act; "F a ir C o m petition T ribun al" m eans the Fair C om p etitio n Tribunal established under the Fair C om petition Act; "financial services" m eans m oney orders, postal orders, postal drafts, postal cheques, postal travelers' cheques, giro, cash- on-deliv ery, savings service, electronic c o m m e rc e s e n ices and any other related services; "g re y list" m eans entries that are tem porarily blocked or temporarily allow ed; an operator c om bines "hy brid postal services" m eans services resulting from a process in w hich te le c o m m u n ic a tio n s and inform ation technology w ith a physical network to conv ert a m essa g e into co rrespondence during the perform ance o f activities inherent in postal services; "International M obile E quipm ent its abbreviation identify an is a unique code used "IM F 1" m eans to individual m obile telephone in G lobal S ystem s for Mobile C o m m u n ic a tio n networks; Identity" in "individual a ssig n m e n t" means a d ocu m ent issued by the Authority pursuant to this Act granting the holder, subject to certain No. 3 Electronic and Postal Communications 2010 rules, rights to use- (a) radio frequencies; or (b) n um bers and electronic addresses; “ individual licence" means a d o c u m e n t issued by the Authority pursuant to this Act authorizing the licensee, subject to certain rules to - (a) (b) (c) construct, maintain, ow n and m ak e av ailable one or m ore netw ork facilities; provide one or m ore network services; or provide one or m ore content services; “ installation o r plant used for posts" m ean s all buildings, lands structures, m achinery, equipm ent, boxes and receptacles used or intended for use in connection with the transmission o f postal articles by post; “ interconnection" m eans the physical or linking o f one public electronic co m m un icatio ns n e tw ork to an other for the purpose o f allow ing the persons using one o f them to be able to — logical (a) c o m m u n ic a te w ith users o f the o ther network; or (b) m ake use o f services provided by m eans o f the other one; “ letters" m ean s any form o f written c o m m u n ic atio n s in the nature o f includes c o rrespon dence personal and and current postcards; “ licence" m e a n s a liccnce issued under the provisions o f this Act; “ local shareho ld er" m eans shareholders o f an applicant or licensee w ho individual or c o m p a n y registered in Tanzania with shares as required un der scction 26 o f this Act; is T anzanian national w here is an it “ mail bag" m eans any bag, container, e nve lop e or c o v e rin g in w hich postal articles are conveyed; “ M inister" m eans the M inister responsible for com m u n ic a tio n s except in relation to content and broadcasting services; “ m o bile te le ph on e " m eans a m obile apparatus or m obile terminal e q u ip m e n t which is capable o f con nection to a cellular te le co m m un ication system and which is used by a cu sto m e r to transm it o r receive indirect c o m m u n ic a tio n s over such teleco m m un ication s system ; “ m ultiplex " is a digital transmission channel which com b in es p ro g ra m m e material and other data in a digital form for No. 3 Electronic am i Postal C ommunications 2 0 1 0 transm ission via a frequency channel: " m u ltip lex operator** m eans that entity that com piles, operates content offering on a digital m ultiplex that decides on the conditional access and Subscriber M a n a g e m e n t System (S M S ) to be used and provides signal transm ission to the end user: "n e tw o rk facilities’" m eans any elem ent, or com bination o f elem ents, o f physical in infrastructure used principally connection with, the provision o f one or m o re netw ork services or m ultiplex operations, but not including cu stom er equipm ent; for. or " N e tw o rk Service" m eans a service for the carrying o f information in the form o f speech or othjp-- sound, data, text or images, by m eans o f guided or unguided e lectrom agn etic energy but does not include services provided solely on the cu stom er side o f the network boundary: " N e tw o rk Service Licence' m eans an electronic c om m u nic a tion s licence entitling the holder to provide one or m ore netw ork services; "n e tw o rk service licensee" m eans a holder o f a network service licence; "p a rc e l" m eans a postal article which is posted at a post office as a parcel or is received at a post office by parcel post: "physical co-locatio n” m eans a type o f c o-location w h e re the parts controlling the building, tow er or o ther structure in or on w hich a nother p a rty 's sw itches, antennas or o th er electronic c o m m u n ic a tio n s equipm ent are a c c o m m o d a ted , also allows the o ther party to operate those switches, a ntennas or other electronic com m un ication s equipm ent: "p o s t" m eans a system for the collection, dispatch, conveyance, ha n dling and delivery o f postal articles by o r through a public postal licensee; " p o s tc o d e " or ''p o s t a l c o d e " m e a n s a series o f letters o r digits a pp en ded to a postal address for the purpose o f m aking the processing and delivery o f mail precise, easier and faster: "p ost o ffic e ' m eans any building, house, room, vehicle or place w here postal articles are received, delivered, sorted, m ade up or dispatched: " p o s ta g e " m eans the fee chargeable for the transm ission by post o f postal articles; "p o stag e sta m p " m eans any label or stam p for de n oting any postage 16 No. 3 Electronic and Postal Communications 2010 or other sum payable in respect ol' a postal article, and including any adhesive postage stam p or stam p printed, im pressed or otherw ise indicated on a postal article, w hether the postage stam p the g o v e rn m e n t o f ail)’ other country; issued under this Act or by is "postal article" or "postal item" m eans material goods, with or w ithout m ercantile value, that c o m p ly with the post ability re quire m en ts determ ined by this Act and by regulation, and that arc delivered via a physical netw ork to a specified a dd ress o r a person with a specified address; "postal c o m m u n ica tio n s" m eans the c o m m u n ic a tio n s o f information by m ea n s o f post: “ postal exclusiv ity" m eans exclusive rights given to the public installing private and postal operator posting letter boxes and the use o f the w o rd s “ Post O ffice", “ letter box and postage stamps: issue stam ps, to “ postal licence" means a licence issued pursuant to Part III o f this Act: “ postal licensee" m eans a person w ho holds a postal licence: "postal se rv ice ' m eans conventional postal, hybrid postal and c o u rie rs' services; "postal undertaking" means all the lands, buildings, and other property, movable or immovable, vested in the Minister immediately before the transfer date for the postal purposes o f the Minister and all assets, powers, rights, interests, privileges, debts, liabilities and obligations connected therew ith; “ p ostc a rd" m eans a card recognized as a postcard in accordance w ith the term s o f the convention regulating the affairs o f the U niversal Postal Union; "p o s tin g b o x " m e a n s any pillar box and wall box and any o th er box o r receptacle provided by or u nder the authority o f a public postal licensee for the purpose o f receiving postal articles for transm ission by, or under the authority of, a public postal licensee: "p ub lic postal licensee" m eans a person designated by the Authority u nd er this Act; "p u b lic postal licensee's installation or p l a n t ' m eans any installation or plant used for posts belonging to or used by a public postal licensee; “ radio co m m u n ic a tio n " m eans electronic c o m m u n ic a tio n s by m eans o f radio w aves; "service neutral" m eans in relation to the c on ve rge d licensing No. 3 Electronic and Postal Communications 2010 fram ew o rk w h e re b y a licensee is authorized to prov ide a m electronic c o m m un icatio n service; "S IM "s h are h o ld e r" an individual or com pany : including a corporation that legally o w ns one or m ore shares o f stock in a joint stock com pany: c a rd " m eans Subscriber Identity M od u le which independent electronically activated device desig ned for use in conjunction with a mobile telephone to enable the user o f the m obile indirect c o m m u n ic a tio n s by providing access to te lecom m unication sy stem s and enabling such system s identify the particular Subscriber Identity M odule and its installed information: telec o m m u n ic a tio n transm it and telephone receive is an " s u b scrib e r" m eans a person who receives an applications s e n ice or a content service under an agre e m e nt with o r pursuant to term s and conditions established by an applications service licensee or a content service licensee: "tcchn o lo g v -n c u tra l", m eans the provision o f electronic c o m m un icatio n services: use any te ch no lo gy for the (i.N.No. 186 " l'B C" m e a n s T an zan ia Broadcasting C o rp oratio ns established by T anzan ia B roadcasting C orporations (E stablish m ent) Order: "u n d c liv e rab lc postal article" m eans items which for so m e reasons have not been claimed by addressee: "U n iv ersal C om m u n ica tio n Services" m eans a defined m inim u m set o f c o m m unic a tion s service o f specified quality w hich is available to all users independent o f their geographical location, and in the light o f specific national conditions, at an affordable prince: "U n iv e rsa l Postal Services" m eans basic postal services within the United Republic which includes the acceptance, conv ey ance and delivery o f letters up to 500g m s, parcel and packets o f up to lOkgs, and financial services delivered at equal tariffs and conditions accessible by all the population: "v irtual co-lo catio n" m eans a ty pe o f co-location w here the party controlling the building, to w er or o ther structure in or on w hich another party 's sw itches, a ntennas or other electronic c o m m u n ic atio n s equipm ent are a c c o m m o d a te d , operates those sw itches, antennas or other electronic com m u n ic a tio n s e q uipm e n t on b e h a lf o f the o ther party: "user" m e a n s any person or body o f persons w ho uses o r operates a 18 No. 3 Electronic and Postal Communications 201(1 com m u nication radio te lec o m m un ic a tio n sy stem s or scr\ ices: channel o r frequency or runs "w hite list" m eans any unique pairs o f su bscriber n u m b e r and IM1-I electronic n u m b e r co m m u n ic a tio n service where IMIII is not in the black list. captured licensee by o f as a PA R T II E l e c t r o n ic C o m m ij n ic a i io ns (a) Licensing Pow er to issue licence and regulate electronic c om m un ica tion systems - 4 Verify source ↗
Section 4
The Authority may issue licences and regulate electronic communication systems and services, subject to the Act.
4. shall have c o m m u n ic a tio n system s and services in the U nited Republic. —(1) the po w er o f licensing and Subject to the provisions o f this Act. the Authority regulating electronic (2) T he p o w er conferred on the A uthority under sub-section ( I ) shall - (a) (b) includc the light to issue licence and to regulate the establishm ent, installation, use. w orking, m aintenance, dev elopm en t, construction, prom otio n, hiring and selling o f electronic c o m m u n ic a tio n system s and services: and extend to every vessel o r aircraft registered in the United Republic and to every o th e r vessel, aircraft and any vehicle, w hether m echanically propelled or not. in the United Republic. (3) T he p ow er conferred under this section shall not be infringed by - (a) the running by any person solely for his ow n use or for the purpose o f his business and not for providing any telecom m u nicatio n services to an o th e r person or the electronic c om m unication system eq uipm ent com prised therein is situated - on a single set o f prem ises occupation; in a vessel, aircraft or vehicle or in two or m ore vessels, aircraft or vehicles mechanically coupled together; or in w hich all in a single (ii) (i) (b) the operation o f the electronic c o m m u n ic a tio n s sy stem in the course o f their duties b\ the arm ed forces, the 19 No. 3 Electronic and Postal Communications 2010 (c) forcc and national security officers o f the police United Republic; or a licence granted under subsection (1) to a person or class o f persons; m ay be granted either to any person, in addition, contains or class o f persons and m ay conditions requiring the interconnection o r access to electronic c om m unication sy ste m s o f any person or class o f persons licensed under sub section ( I ). I’ypcs and duration o f Licences - 5
This section lists licence types under the Act and says licence duration is set by regulations made under the Act.
5. —(1) T ypes o f licences issued u nder this Act are (a) (b) (c) (d) (c) (0 network facilities licences; netw ork services licences: application services licences: content services licences: postal and courier s e n ices licences: and other Authority. licences as may be determ in ed by the (2) T he duration o f the licence shall be as specified in the Regulations m ade under this Act. Application fur licence - 6
People or companies needing to run certain communications or postal services must apply to the Authority for a licence and provide required application information.
6.—( I ) A ny person or a company that w ishes to operate any electronic c om m u nic ations system or offer postal com m un icatio ns, electronic com m u n ic a tio n s or content services shall apply to the Authority for a licence. (2) An applicant for a licence shall be required to subm it the follow ing inform ation al) (b) (c) (d) (c) ( 0 (g) a certificate o f incorporation or registration: business plan for the proposed services: technical proposal for the services to be provided including roll out plans: structure shareholding section 26: previous experience serv ices; p r o o f o f the applicant being financially capable: and any other require. the provision o f the the A uth ority may inform ation as prescribed under as in 20 No. 3 Electronic and Postal Communications 2010 (3) A ny applicant for electronic c o m m u n ic a tio n licence which to uses frequency bands that are com p etitiv e shall re qu ire m e nts under subsection (2). su b m it the follow ing - in addition (a) (b) (c) network plan and configuration for deploy m en t: technical specifications e q uipm e n t to be used: and products and services to be offered. and m an u a ls o f (4) Every applicant shall be required to have physical address in a place within the United Republic and shall provide the sam e to the Authority. (5) A licensee shall inform the A uthority o f any chang e o f physical address. (6) W here an applicant licence has su bm itted to the A uthority all the relevant req uirem en ts for the licence application, shall present business and technical plans to the Authority. the applicant individual for an Failure lo submit docum ents or information Publication o f notice o f application Rejection o f application - 7
If an applicant fails to submit required documents or information, the Authority must reject the application and notify the applicant in writing.
7. W here subm it d o c u m e n ts or inform ations as required under this Act, the Authority shall reject the application and the applicant shall be so inform ed in writing. applicant fails an to - 8
The Authority must publish a notice of an application in local newspapers and invite public comments, within 14 days from the date of publication.
8.—(1) Upon receipt o f an application, the A uthority shall in local new spap ers inviting publish a notice o f the application c o m m e n ts from the public, within fourteen days from the date o f publication. (2) The requirem ent for publication shall not apply to licence o f a duration below five years. - 9 Verify source ↗
10. G rant o f licence
If an application is rejected, the applicant may resubmit, unless a tender process is involved.
9.—(1) The rejection o f an application pursuant provisions o f resub m ittin g ano th er application with except w here a tender process is involved. this Act shall not prevent the the applicant required to the from information (2) Resubm ission o f application under sub-section ( I ) shall be treated as a new application. Grant o f licence - 10 Verify source ↗
G rant o f licence
The Authority must notify applicants of the application result after evaluation, and an applicant must file a separate radio-frequency licence application where frequency requirements apply.
10.—(1) On com pletion o f evaluation process, the Authority thirty days notify the successful and unsuccessful shall within 21 No. 3 Electronic and Postal C 'ommunications 2010 a pp licants llie results o f the application. (2) W here frequency requirem ent is involved, the applicant shall m ake a separate application for a radio frequency user licence. (3) A grant o f licence shall be subject to satisfaction o f the in ac cordance with conditions A utho rity stipulated in the construction permit. the facilities are that N elu oik facilities licence Network S e n ices Licence - 11 Verify source ↗
N e tw o rk facilities licence
People may not install or operate network facilities or network services in the United Republic unless they have the required individual licence from the Authority.
11. A person shall not install, operate, m a n age, construct, m aintain, own or m ake available netw ork facilities in the United Republic except under the term s and cond itio ns o f an individual licence granted by the Authority. 1 2 —(1) A person shall not operate, m an a g e and provide netw ork services in the United Republic except in a c cordan ce with the term s and conditions o f an individual licence granted by the Authority. (2) An applicant in addition to conditio ns stipulated for in sections 6 and 26 o f this Act. sub m it the follow ing- for N etw o rk S e n ices Licence shall, (a) interoperability and com patibility o f the system w ith other systems; and (b) availability o f access to e m e rg e n c y services. (3) The netw ork services shall be operated and m anaged in the U nited Republic by a holder o f network services licence. Content s e n ices licence - 13 Verify source ↗
C ontent services licence
A person may not provide content services unless doing so under the terms of an individual or class licence from the Authority.
13.—(1) A person shall not provide content services except in ac c orda nce with the term s and conditions o f an individual or class licence granted by the Authority. (2) Successful applicant for C ontent Service Licence shall be g i \ e n construction permit for a period o f one year. (3) T h e A uthority shall define each c ontent service licence in relation to one o f the follow ing categories: (a) (b) (c ) (d) (c) ( 0 public s e n ices; com m ercial services; co m m u n it\ services; non-com m ercial services; subscription broadcasting s e n ice; support s e n ices for subscription content s e n ices: No. 3 Electronic and Postal C 'ommunications 2010 (g) and any o ther licence as m ay be de te rm in e d by the Authority. (4) Every Content Service Licensee shall be required to enter into a service level agreem ent with the holder o f a N etwork Facilities L icensee for purposes o f transition and distribution o f signals. Application Services licence - 14
A person must not provide Application Services unless doing so is in accordance with the terms and conditions of an individual licence granted by the Authority.
14. A person shall not provide A pplication Services except in ac c o rd a nce w ith the terms and conditions o f an individual licence granted by the Authority. Licence Ices - 15
An applicant must pay prescribed fees to the Authority, including an initial licence fee before the licence is issued.
15.—(1) An applicant shall pay to the Authority the fees as may be prescribed and such fees shall include- (a) (b) (c) (d) an initial licence fee payable before the licence is issued; an annual fee o f the am o u n t specified in the Rules m ade u nder this Act; fee in respect o f the assigned frequency , frequency bandwidth or radio com m u n ic a tio n station; and fee in respect o f assigned electronic n um bering resource. (2) The A uthority may from tim e to time review' the licence fee. liuli\ idual Licence - 16
The Authority must issue an individual licence to eligible, financially and technically capable applicants, and it must make fair, non-discriminatory, and transparent rules for the licence process.
16.—(1) An individual licence shall be issued by the Authority in is to any person fulfilling the eligibility section 6 financially and technically capable o f m eeting his statutory and regulatory obligations as well as the obligations set forth in the individual licence concerned. requirem ents set forth the A u th o rity 's reasonable opinion, and who. in (2) The A uthority shall m ake Rules - (a) (b) forth to be licence in details the p rocedures individual setting followed for the grant o f an under this section; determ in in g licence format o f the application forms, w hich shall include a section where the applicant indicates in details the training and to im plem ent in accordance with the obligations o f the individual licence; instruction p ro g ra m m e s w hich individual intends No. 3 Electronic and Postal Communications 2010 (c) dctcrm ining- (i) filing fees o f individual liccncc application forms: and initial liccncc fees payable for the actual granting o f individual licence. (ii) (3) flic procedures prescribed in the rules m a d e u nder this section shall be lair, non discrim inatory and transparent. I'crms and conditions o f an individual licence - 17
The Authority sets the terms and conditions for an individual licence, including service, area, interconnection, consumer protection, universal service, ownership structure, and rollout plan requirements.
17. An individual licence shall include term s and conditions set by the A uthority including quality o f scrvice. licensed area, interconnection, c o n su m e r protection, universal service obligation, sh a re h o ld in g structure and roll out plan. Additional obligations for network n se rvice ' licensee holding indi\ idual licence (a) (b) - 18
A licensee with an individual licence must provide network services or arrange essential applications services continuously and without discrimination, at the quality set by the Authority. A network service licensee must also provide listed essential and emergency services free of charge.
18.—(1 >iA licensee holding individual licence shall be obliged to provide netw ork services, or ensure that a third party provides essential applications services tw enty-four hours a day o r seven days a w eek, at a level o f quality.as set by the A uthority in all areas w ith ou t discrim ination and shall include— e m erg e n c y service numbers: directory assistance service, e na b ling any subscriber to obtain a telephone n u m b e r through the assistance o f an operator or through autom ated means: operator assistance service, ena b lin g any subscriber to obtain assistance regarding, a m o n g s t other things, accessing services, setting up calls and re m ed ying faults; and such be reasonably determ in ed by the A uthority from tim e to lime. applications as m ay services other (d) (c) (2) T he essential applications services shall be provided in ac c orda nce with the terms and conditions o f a class licence granted un d e r this Act. A (3) licensee o f a network service shall provide the follow ing essential and em e rge n c y services frcc-of-charge - (a) (b) (c) (d) (e) em e rg e n c y service; operato r assistance for re m e d y in g faults. c u sto m e r assistance: crim e stoppers: child help line; 24 No. 3 Electronic and Postal Communications 2010 ( 0 (g) • ( h ) (i) (j) health help line: anti-corruption services; fire services; am bu la n c e services; and any o th e r services relating to h um an safety and life. Renewal o f an individual licence - 19 Verify source ↗
20. M odification o f a licence
The Authority must renew an individual licence if the stated renewal conditions are met.
19. The A uthority shall renew an individual liccncc for a term to be agreed betw een the A uthority and the licensee concerned, w here the liecnsec- (a) technically cap a b le o f m eeting continues to fulfill the s h areho ld in g requ irem ents set forth in section 26; in the A u th o rity 's reasonable op inion, c o ntinues to be its financially and statutory and regulatory obligation s as well as the obligations to be set forth in the individual licence concerned; and has not, d uring co m m itted a material breach o f this provisions. term o f the the current licence, (b) (c) Modification o f a licence - 20 Verify source ↗
M odification o f a licence
The Authority and the licensee may modify a licence in writing, and the Authority can later modify it after giving written notice and waiting for the licensee’s response.
20.—(1) The Authority and the licensee shall agree in writing to m o d ify a licence during the duration o f the licence in cither o f the follow ing ways- (a) (b) by a licensee subm itting to the A uthority a written request for modification o f liccncc and the request for m odification shall be consid ered by the A uthority to establish w hether or not such request is contrary to the provisions o f the Act or R egulations m ade there under and shall respond to the licensee accordingly: or by the A uthority subject to sub-section (2) o f this section. (2) The A uthority shall, prior to m o d ify in g the liccncc. issue a notice in writing, to the licensee stating the follow ing- (a) (b) (c) liccncc that the reasons for the proposed m odifications: the m odification to the proposes to m ake; and the date by which the licensee shall respond in writing to the proposed m odifications within twenty eight days from the date on which the Authority serves the notice on the licensee. the Authority 25 No. 3 Electronic and Postal C 'ommunications 2010 (3) W here the licensee fails to respond in a c co rd ance with this Act or w here the licensee responds but su bsequ ently w ithdraw s that response, the A uthority may m odify the licence as specified in the notice. (4) W here the licensee responds in a c cordance with subsection (2)(c) the A uthority may eithcr- (a) (b) (c) in acco rd a n ce with the issue the liccncc modified notice; issue the liccncc with m odifications by incorporation o f the licensee's response partially or w holly as it m ay deem lit: or m ake no m odifications to the licence. Material broach - 21 Verify source ↗
Material breach
This section lists events that count as a fundamental or material breach for a licensee.
21. breach - The following shall constitute fundam ental or material (a) (b) (c) (d) (c) ( 0 (g) twelve m o nths failure o f a licensee to c o m m e n c e constructions o f the netw ork within the date o f issuance o f the liccncc: failure o f a licensee to provide service to custom ers within twelve m onths from the date o f issuance o f the licence: from continuous interruption o f service for a consecutive or com b in ed period o f thirty days o v e r any six m onths period provided that the interruption is not a result o\' force majeure: bank rup tcy or filing o f any insolvency proceeding against the licensee or adjudication o f the sam e in favour o f creditors o f such proceed in g is filed against the licensee: any proceeding or assignm ent o f assets for the benefit o f creditors, or any state o f the licensee w hich may be considered as "in so lv en c y " u nder any written law in force: repetition or continuation o f an event o f infraction follow ing written notice by Authority operation or a infraction: repeated failure o f a licensee to pay provided under the rules or regulations m a d e under this Act: to cease events o f com bination o f licence fees as the 26 No. 3 Electronic and Postal Communications 2010 (h) (i) ( j) venture the majority failure to co m p ly with any other condition set out in the licence: breach o f jo in t venture contract by shareholder which results into the dissolution o f the the jo in t perfo rm ance o f the licensee: and alienation o f shares by majority sha re ho ld e r w ithout prior approval o f the Authority and transfer, subcontract or assign any interest in his shares or the majority to a minority shareholder. shareholder be je o p a rd iz e s o therw ise reduced or to Suspension and cancellation o f licence Registration o f installation and m aintena nce. importation and distribution licence - 22 Verify source ↗
The A uthority m ay suspend or cancel a licence i f
The Authority may suspend or cancel a licence if certain conditions are met.
22. The A uthority m ay suspend or cancel a licence i f - (a) (b) (c) the liccncc is in material breach o f licence conditions provided for in section 21 or the provisions o f section 26 and has not rem edied any such breach within thirty days o f receiving notification o f the breach from the Authority; the licensee and the A uthority have agreed in writing to term inate the licence: or the licence term inates upon expiry o f the term and is not renewed. - 23 Verify source ↗
S uspension and cancellation o f a licence
People wanting to do the listed communications activities must register with and seek approval from the Authority for a class licence, and pay the prescribed fee.
23.—( I ) Notw ithstanding any o ther w ritten law to the contrary , issued a class licence shall be undertake the following activities to any person w ho intends to (a) (b) (c) (d) (e) installation and m ain tenance construction. o f electronic com m u nicatio n e q u ip m e n t or broadcasting apparatus; importation o f electronic c o m m u n ic a tio n equipm ents: distribution o f electronic c o m m u n ic a tio n equipm ents: e quipm ents providing V -S A T services and any o th er services to be determ ined by the Authority: Provided that such person shall register and apply to the Authority to obtain approval o f appropriate class licence, upon paym ent o f fee as m ay be prescribed by the Authority. (2) T he A uthority shall m ake rules prescribing the format o f class licence and registration forms referred to in sub-section ( I ). 27 No. 3 Electronic and Postal Communications 2010 (3) A person w ho undertake the activities o f importation or distribution o f c om m unication e q uipm e n t or broadcasting apparatus shall issue a w arranty for a m in im um o f one y e a r to protect the co nsu m er. (4) Any person registered and granted a class licence under this section shall not be bound by the req uirem en t on shareholders und er section 26. Transfer o f liccncc - 24
A licence transfer needs the Authority’s prior written consent, and the parties must apply in writing.
24.—(1) A shall not be issued under transferred, assigned, pledged or otherw ise disposed o f f without prior w ritten c onsent o f the Authority. this Act licence (2) W here a licensee proposes to transfer a licence, the licensee and the person to w hom the licence is proposed to be transferred to, shall jo in tly subm it a request in w riting to the Authority for consent o f the transfer. (3) The transferor shall subm it the request together with the tra n sfe re e 's d o c u m e n ts to the Authority for consent o f the transfer. (4) An application to transfer a licence shall be treated by the A uthority in the sam e m an n e r as a request for the issuance o f a licence u nder this Act. Transfer o f shares - 25
A shareholder or licensee must not transfer or assign interests in shares under the licence without the Authority’s approval.
25. A ny shareholder or licensee shall not transfer, alienate, sub-contract or assign any interest in his shares under the licence w ithout approval o f the Authority. Requirem ent on shareholders - 26
Some licensed companies must meet local shareholding rules, and certain licensees must offer shares to the public and list on the stock exchange within three years.
26.—(1) N otw ithstan ding any provision o f any other law, a c o m p a n y incorporated in the United Republic holding an individual or class licence under this Act shall be rcquircd- (a) (b) in the case o f electronic c o m m u n ic a tio n or postal licensee where the shareh olding structure has a local shares holding req uirem en ts as an m inim um o n g oing obligation throughout the life o f the liccncc; and in the case o f content scrvice licensee w here the local shareho ld in g structure has a m inim u m o f fifty one per cent o f the shares as an o n g oing obligation throughout the life o f the liccncc. No. 3 Electronic and Postal Communications 2010 regulations prescribing (2) T h e M inister shall, in consultation with the A uthority, m ake local shareholding requ irem en t and procedure for approval and transfer o f shares o f electronic com m u n ic a tio n s and postal licence. the m inim um (3) Existing licensee o f N e tw ork Facilities. N e tw o rk Serv ices. A pplication Services or C ontent Services shall, notw ith stand in g the p rovisions o f any other written law to the contrary, w ithin three years from the c o m m e n c e m e n t o f this Act. and in a c cord ance w ith r e qu irem ents o f the Capital M arket and Securities Act. be required to offer shares to the public and subsequently list with the stock exchange. Cap .79 ( I ) Any person licensed as N etw o rk Facilities. N etw ork Services Services. A pplication after c o m m e n c e m e n t o f this Act shall be required to offer shares to the public and subsequently list w ith the Stock E x chang e in accordance with the requirem ent o f the Capital M arkets and Securities Act w ithin three years from the date o f grant o f the licence. or C ontent Services (b) Interconnection and access Interconne ction - 27
The Authority may issue interconnection negotiation procedures and guidance, keep a register, and arbitrate or appoint an arbitrator for interconnection disputes.
27. The A uthority shall- (b) (c) (d) issue interconnection negotiations procedure and guidance on approval or rejection o f interconnection agreem ents: place all register: and arbitrate or appoint an arbitrator interconnection disputes. interconnection a g re e m e n ts to arbitrate on the public in Access for - 28
Electronic communications licensees have a right to negotiate access agreements, and network facilities/service licensees must negotiate when asked in writing. The Authority must issue negotiation guidance and keep access agreements in the public register.
28.—(1) Every electronic c o m m u n ic a tio n s licensee has the the provision o f electronic right c o m m u n ic a tio n s services to the public, to negotiate an agreem ent for acccss to- the purposes o f enabling (a) (b) electronic c o m m unication s netw ork e le m e n ts o f any netw ork facilities licensee: and electronic co m m u n ica tio n s services provided by any netw ork service licensee. that ap pear in a list as published in the Gazette by the Authority, and. w hen solicited in writing by an electronic c o m m u n ic a tio n s 29 No. 3 Electronic and Postal Communications 2010 licensee, every network facilities licensee and ev ery netw ork service licensee has. for the purposes o f enabling the provision o f electronic c o m m u n ic a tio n s services to the public, the obligation to negotiate such an agreem ent. (a) arra n ge m en ts (2) The A uthority shall - regulate access service licensees: issue access negotiations procedure and guidance on approval or rejection on interconnection agreem ents: and placc all access agreem ent in the public register. betw een network (b) (c) Co-location and infrastru cture sharing - 29
The Authority has power to regulate co-location and infrastructure sharing matters, set communication infrastructure standards, and place co-location agreements in the public register.
29.—(1) T he Authority shall have the pow ers to- (a) fb) (c) regulate co-location netw ork facilities licensees; the a rra n g e m en ts between issue access negotiations procedure and g uidance on approval or rejection on co-location agreem ents; and place all co-location ag reem ent in the public register. (2) The A uthority shall, on infrastructure sharing determ ine standards o f com m u nication infrastructure and shall rcgulatc- (a) (b) (c) (d) Cap. <S0 fibre, netw ork elem ents passive network elem ents including towers, masts, ducts, poles, pow er system s and co o lin g system s, a m o n g network facilities licensee; including m icrow ave active transm ission antenna access netw ork and related elem ents and infrastructure sharing am o ngst netw ork facilities licensees: infrastructure sharing arra nge m en ts betw een network facilities licensees: in liaison with the T anzania Civil Av iation Authority established under T anzania Civil A viation Act the e stablishm ent o f broadcasting stations so as to prev ent harm ful interference with aircraft navigation system s. (3) The provisions o f this section shall not apply to lowers, m asts, ducts, poles, po w er system s and cooling system s, w hich have been constructed prior to the c o m m e n c e m e n t o f this Act. 30 No. 3 Electronic and Postal C 'ommunications 2010 . .lereonne- ction. access. c o nation and nlraslru- cmrc sharing I’riccs for - jr\ ices to le public (a) - 30
The Authority may approve or reject communication services sharing agreements when settling interconnection, access, co-location, and infrastructure sharing disputes.
30. The Authority shall - in set settlement o f interconnection, access, co-location and infrastructure sharing disputes: and rules procedures followed to be forth (b) have a m and ate to a pprove or reject co m m un ication services sharing agreem ents. infrastructure providers' to - 31 Verify source ↗
N o . 3
Electronic communications licensees may set and revise prices, but must file and publish them before introduction and follow filing, pricing, and billing disclosure rules.
31.—( I ) Subject the provisions o f this Act and any regulations o r declarations m ade under electronic c o m m u n ic a tio n s licensees may. for the applications services and content services which they provide to the public, set and revise such prices as they deem appropriate. this Act. (2) The prices so determ ined by an electronic c o m m u n ic atio n s licensee shall respect the following principles - (a) (b) (c) be transparent, based on o bjective criteria, and no n discrim inatory: not contain discounts that unreasonably prejudice the com petitive opportunities o f other licensees pro\ iding applications services and content services the public: and take account the regulations and re c o m m e n d a tio n s o f the international o rganizations o f w hich the United Republic is a m em ber. to (3) Bach electronic c o m m u nicatio ns licensee shaII- (a) (b) file with the A uthority the prices so determ in ed at least tw o w eeks prior to their introduction: and publish the priccs at its own e xp ense in the public m edia at least one week prior to their introduction. ( I) An electronic co m m un ication s licensee shall provide all its application services and content services in a cc o rd a n ce with the prices filed w ith the Authority. (5) T he Authority shall be entitled to carry out reviews o f the priccs referred to in this section in order to ensure that they respect the principles set forth in sub-section (2). (6) the application services or content services which they prov ide to the Electronic c om m un icatio ns licensees shall, for No. 3 Electronic unci Postal Communications 2010 public, m ake sufficient detailed billing c u sto m e rs to verify w hether o r not they have been billed correctly. inform ation to enable (7) review s out rates c o m m u n ic a tio n s service services. The A uthority shall have p ow ers from tim e to tim e to carry o f charges and licensees applied in provision o f the by electronic licensed Pow ers lo m ake rules as to tlie types o f the postal service Pow er lo issue postal licence and to regulate provision of postal s e n ices PA RT HI P o s t a l C o m m u n ic a t io n s - 32 Verify source ↗
P ow er to m ak e Rules as to Postal S e n ices
The Authority may make rules about postal services, including their type, form, scope, postage method, technology, service standards, and attributes.
32. flic Authority shall m ake rules de sc rib in g the types o f postal services in term s o f their nature, form and scope, the m o de o f postage, te ch no lo gy used, service standards and attributes. - 33
The Authority can issue postal licences and its decision is final when deciding whether something is a letter under the Act.
33.—(1) T he Authority shall have the po w e r to issue postal liccncc for- (a) (b) c on ve ying by post from one place to another w hether by land or by sea or by air all letters, postcards and co m m ercial valuable d ocum ents; o f (i) letters ann o u n c e m en ts, perfo rm in g all receiving, incidental services collcction, sending, dispatch in g and delivering all letters and postcards, except falling those w ithin any o f the follow ing categories - trade circulars, printed extracts from new spapers, or advertisem en ts, not addressed to any person; letters delivered by an e m p lo y e e o f the sender; letters delivered by a m esseng er em p lo y e d by the sen der especially for the purpose, not being a person e m p lo y e d o r en ga g e d in the course o f his business or e m p lo y m e n t in deliverin g procuring the delivery o f letters; (iii) (ii) 1 32 No. 3 Electronic and Postal Communications 2010 ( iv ) (v) (vi) (vii) (viii) (ix) (x) (xi) betw een d ocu m ent to or from a post in ac c o rd a nce with into by the letters ex c e e ding 500 gra m m e s in w eight per letter: letters c onc e rning g o o d s sent with the g ood s and delivered therewith; letters carricd officc: letters carried an agre e m e nt entered licensee; transfers e xchanges; letters carried to the prem ises o f a provider o f electronic main service being purposes for transm itted as electronic mail, or letters carricd from the prem ises o f such a person after having been so transmitted; letters carried and delivered by a private friend w ith o u t hire, reward or other profit: and carried letters personally by the sender. delivered and the o f (2) W here any question arises as to w h ether or not any postal article is a letter within the m eaning o f this Act. the decision o f the A u th ority shall be final. Postal licences to he issued uncondi tionally or >ubjeci lo condition - 34 Verify source ↗
35. D esignation o f Public postal licensee
The Authority may grant postal licences on terms it chooses, and may designate a licensee for universal postal services. The public postal licensee has exclusivity rights for certain postal uses.
34.—( I ) The A uthority m ay grant a postal licence on such term s and condition s and in consideration o f such p ay m en ts as it thinks (it to any person for the doing o f any act or the p erfo rm an ce o f service falling within section 33 as is specified in the postal liccncc, and anything done in a ccordan ce with a postal licence granted under this section shall not constitute an infringem ent o f the privilege conferred by section 33. (2) A postal licence granted under sub-section (1) m ay be granted either to any person, class o f persons o r particular person, and m a y impose conditio ns conferred by that subsection and condition s requiring the p a y m en t o f a fee to the Authority on the grant o f the postal licence include w ithout prejudice the po w er to to No. 3 Electronic and Postal C 'ommunications 2010 or the p aym en t to the A uthority o f a periodic fees during the validity licence or to both o f such am ou nt as m ay be o f the postal de te rm ine d under the postal licence. (3) A paym ent required by sub-section (2) to be rendered to the A uthority m ay be recovered by it in any court o f com petent jurisdiction as if it were a simple contract debt. Designation o f public postal licensee* 3 5 —( I ) The Authority shall have the p o w e r to d esignate a licensee to perform all or any o f the functions relating public postal to the operation and provision o f universal postal services in the U nited Republic. (2) T he Public postal licensee shall have postal exclusivity rights to issue stamps, installing private and installing posting letter boxes and use o f the word "post office" "letter box" and "postage sta m p s" for a period to be determ ined by the Authority. Application o f postal licence - 36 Verify source ↗
Application o f postal licence
A person may not operate postal services in the United Republic unless licensed as a postal licensee under this Act.
36. N o person shall operate postal services in the United Republic unless that person is licensed as a postal licensee under this Act. .Application lor postal licence to be in u r i li n g - 37 Verify source ↗
A pplication for postal licence to be in writing
A postal licence application must be submitted in writing to the Authority, and the Authority may ask for supporting evidence or information and may require a fee.
37.—(1) A ny application for a postal licence under this Act shall be addressed in writing to the Authority . T he A uthority may. in consideration o f any application (2) this Act, require to produce evidence or und er inform ation to show the capacity to operate postal system s and services as the A uthority m ay deem necessary to enable it m ake a decision. the applicant (3) T he A uthority m ay require an application for a postal licence to be a c co m p an ied by such a fee as the A uthority may from tim e to time describe. (Irani o f postal licence - 38 Verify source ↗
G rant o f postal licence
The Authority may grant or refuse postal licences, must consider an application within 60 days, and a postal licence cannot be transferred without the Authority’s prior written consent.
38.—(1) The Authority may. subject to sub-section (2) o f this scction grant a postal licence to an applicant under this Act if it is satisfied that the the information supplied applicant it suitable to operate the postal system and services. to the Authority by (2) The Authority shall upon receipt o f application, consider it and within sixty days may in its absolute discretion either, grant a postal licence or refuse the application. No. 3 Electronic and Postal Communications 2010 (3) A postal liccncc granted under this Act m ay be renew ed on the the prescribed period by its expiry on application within Authority. (4) N o postal licence shall be transferred except with the prior c onsent in writing o f the Authority. Modification o f postal liccncc - 39 Verify source ↗
M odification o f postal licence
The Authority may change the conditions of a postal licence, but it must first notify the licensee and allow at least 28 days for written representations.
39.—( I ) The A uthority may m odify the conditions o f a postal licence granted under this Act. (2) The Authority shall, prior lo m a k in g m odifications o f the co nd itio ns o f a postal licensee under this section give notice to the licensee by- (a) i (b) as the notice specified stating that it proposes to m ake m odifications in the m an n e r the in com pensation payable for any d a m a g e c au se thereby: and sp ecifying the time not being less than twenty eight days from the date o f service o f the notice on such a licensee within which written in representation respect to the proposed modification m ay be made. and (3) Upon receipt o f any representation referred to under subsection (2). the A uthority shall consid er such a representation and may- (a) (b) reject the representation: or am end the proposed m odifications or com pensation s payable in accordance w ith the representation or other w ise, and in either event, it shall issue a direction in writing to licensee requiring him to m a k e proposed the notice or any other in modification specified m odifications the a m e n d e d by subsequently as A uthority within reasonable time. Suspension or cancellation o f postal licence - 40 Verify source ↗
41. A d dre sse s and Postcodes publication
The Authority may cancel or suspend a postal licence if the licensee is breaching licence conditions or this Act. A person affected by the Authority’s decision may appeal to the Fair Competition Tribunal.
40.—( I ) W here the Authority is satisfied that a person w ho is granted a postal liccncc under this Act or any postal regulations m ade u nd er this Act is c ontravening any o f the co nd itio ns o f the postal licence or the provisions o f this Act the A uthority m a \ cancel or suspend the licence. (2) Any person aggrieved by the decision o f the Authority under this section m ay appeal to the Fair C om petition Tribunal. 35 No. 3 Electronic and Postal Communications 2010 .Addresses and Postcodes publication Secrec\ o f correspo ndence, confidenti ality and integrity o f postal items Postal licensee liability for losing - 41 Verify source ↗
A d dre sse s and Postcodes publication
The Authority must allocate, manage, and regulate postcodes and addresses, and regulate the publication and sale of postcode lists.
41. The A uthority shall - (a) (b) allocate, m anage and regulate postcodes; and addresses, and regulate the publication and sale o f postcode list in com pliance with the principle o f and directories publicity and requiring postal licensees to keep deliveries and postcode directories to be available to public free o f charge. - 42
Postal licensees must protect confidentiality and integrity of postal items, only open correspondence in the exceptional cases set out here, and may have to pay compensation for loss, delay, or damage.
42.—(1) A postal licensees shall be inviolability o f confidentiality and integrity o f postal items. the secrecy o f co rre sp o n d e n c e and responsible for for the the (2) N o tw ith sta n d in g sub-section ( I ). co rre sp o n d en c e and other exceptional postal in c ircum stances expressly established under this section. legally be opened items m ay only (3) The follow ing acts shall not constitute violations o f the secrecy o f co rrespondence or o f the con lidcntialit\ and integrit) o f postal items by- (a) (b) (c) id) c) op en in g correspondence or obtaining k n ow led ge o f its contents when perform ed b\ a person residing at the sam e address as the addressee; subm ission o f correspo nd en ce to the verification and control performed by com p ete nt police, senior s ta ff o f the Authority or G o v e rn m e n t c u sto m s o r revenue official; o pening o f postal co ntaining material subject to taxation: o pen in g o f c orrespondence or postal item> earm ark ed for destruction by Authority o r postal licensee: and that o p e ning o f c orrespo nd ence or postal present signs o f con taining m aterial o r substance w h o se dispatch, use or distribution is prohibited. that present sign* o f items items 4 3 . ^ I i T he postal licensee shall be responsible for and pa> co rre sp o n d e n c es and postal c o m p en sa tio n »r failing t o guarantee the integrit) o f c o rre sp o n d e n c e or postal items in the form and air* _:it specified in rules m a d e b \ the A u th o r m losing, m isplacin g. d e l i \ e r \ to c ustom ers for item s entrusted to it No. 3 Electronic and Postal Communications 2010 (2) T he com pensation o f co rre sp o n d e n c es and postal from abroad, shall co m p ly with treaties ratified by items the the United received dispatched or international c o nventions and Republic. (3) The postal licensee shall not a ssum e the c u sto m e r for losing, misplacing, delaying delivery or failing to gua ra nte e the integrity o f c o rresp on dence or a postal item if that custom er- liability lo (a) o w in g to user b ehavior involving an infringem ent o f the law or regulation; and (b ) o w in g to defects or risks inherent in the nature o f co rresp on dence or postal items. (4) A ny postal custom e r w ho has corresp o n d e n c e or a postal item lost, m isplaced, delivered with delay, spoiled or d a m a g e d in co nd itio ns specified in this Act shall apply to the postal operator c o m pensatio n in the form and am o u n t specified in the regulations. (5) W here the postal licensee fails to c o m p ly with the request the for c o m p ensation , the postal c u sto m e r may com plain A uth ority in the form and period specified in the regulations. to Posting and ownership o f corresponde nce and postal item - 44 Verify source ↗
45. D elivery o f co rresp on dence and postal item
A postal article counts as posted when put in a posting box or handed to an authorized postal licensee employee or agent.
44.—(1) A postal article shall be d eem ed to have been posted if it is deposited into a posting box or handed o v e r to an e m p lo ye e or ag e n t o f a postal licensee authorized to receive it. (2) C o rrespo ndences and postal items w hich have been posted shall rem ain the property o f the sender until final delivery to the addressee or to the displayed address, except w hen they are ap pre he n de d by a com p etent authority: (3) A postal article shall be in the course o f transm ission by post from the tim e o f its being posted with or handled o v e r lo the postal licensee to the time o f its being delivered to the addressee, or its being returned the sender or otherw ise disposed o f in ac c o rd a nce with this Act. to Deliver} o f corresponde nce and postal item - 45 Verify source ↗
D elivery o f co rresp on dence and postal item
A postal article counts as delivered when it is placed in the addressee’s private letter box or private bag, left at the addressee’s house or office, or handed to the addressee or another authorized recipient.
45. For the purposes o f this A ct a postal article shall be d ee m e d to be delivered if it is delivered into the private letter box or private bag o f the addressee or is left at the house o r office o f the addressee, or with the addressee, or with his e m p lo y e e , or agent, or other person authorized to receive it and, w here the addressee is a guest or is resident at a hotel, hostel or lodging o f a sim ilar nature, if it is left with the proprietor or m a n a g e r th e re o f or with his agent. 37 No. 3 Electronic and Postal Communications 2010 Prohibitions in the Postal Services postal - 46 Verify source ↗
Prohibitions in the Postal Services
This section lets a licensee accept postal items only if they meet legal or regulatory requirements, bars the public postal licensee from handling listed prohibited items, and allows the Authority to set special packaging and safety rules.
46.—(1) A licensee m ay accept the co rre sp o n d e n ce or a postal req uirem ents established in this Act or by regulations m ade under il with regard to shape, w eight, value, d im ensio ns, safety, packaging, franking, registration or address, including the correct postcode. refuse that does not to fulfill item (2) T he public postal licensee shall not receive, distribute or deliv er a n y w h e re in the United Republic or dispatch a broad any o f the follow ing articles— (a) (b) is shape, or a postal item w h o se weight co rrespo ndence franking or a d dress dim ension , volum e, packaging in breach o f the regulations or the international conventions and accords app rov ed by the United Republic; or an explosive, fetid, corrosive, radioactive, perishable, with other characteristic that m ay constitute a hazard to da m a g e other correspondence, postal items or constitute a hazard to public health and safety such as- (i) (ii) (iii) (iv) (v) (vi) firearms or arm a m e n ts o f description; drug and other prohibited narcotic substances except those legally authorized or dispatched for medical or scientific purposes; live anim als or plants except those allow ed by international conventio ns ratified by United Republic; dead animals: co rrespondence items w hose envelope, container or p a c k ag in g contains words, image, dra w in g or other m e ssag es o f an injurious, threatening or o ffensive nature; c orrespondence or circulation im ports is prohibited; or items w hose in United Republic on export or postal postal o r (vii) perishable foodstuffs. (3) Failure to com ply with any o f the provisions o f this section the postal shall entail retention o f the offend in g corresp o n d e n c e or postal item by the co m petent authority, in accord an ce with the rules and w ithout prejudice to the applicab le ad m inistrative and penal sanctions. its a pprehension by licensee or No. 3 Electronic and Postal Communications 2010 caused by (4) T h e sen der shall be liable to the postal licensee for any the portability to d am a g e re qu ire m e nts established in this Act. except in cases o f error or n eg ligence by the postal licensee involved in any o f the activities inherent in postal services. c o m p ly with failure (5) The C orresp on den ce or postal items subject to legal or fiscal formalities shall be accepted only u nd er total and exclusive such liability on requirem ents. to co m plia n c e with se n d e r's part as the (6) The A uthority may establish special rules regarding the p a c ka g in g and safety o f correspo nd ence or postal items to enable them to be received, distributed or delivered in the situations to which tliis section refers. Power to make Postal Regulations - 47 Verify source ↗
P o w er to m a k e Postal Regulations
The Minister may make postal regulations to carry out the Act, including rules about postal licence classes and conditions and postal tariffs.
47.—( I ) T h e M inister m ay m ake postal regulations for purpose o f carrying out the provisions o f this Act. (2) W ithout prejudice to the generality o f subsection ( I ), the M inister m ay m ake regulations for or with respect to all or any o f the follow ing mattcrs- (a) (b) the classes and the conditions for the grant o f postal licences by the Authority; and the regulations o f postal tariffs. Provision o f postage stamps and pow er to m ake rules - 48 Verify source ↗
Provision o f postage stam ps and pow er to m ake rules
The public postal licensee must provide postage stamps as directed by the Authority, and the Authority may make rules about using stamps to pay fees or other sums.
48.—(1) A public postal such directions as the A uthority m ay give, c au se postage stam ps to be provided o f such kinds and denoting values as the licensee may determ ine. licensee may, subject to (2) The postage stam ps provided u nder sub-section ( I ) shall the prepaym ent of postage or other fees or sum s be used for ch argeable under this Act in respect o f postal articles, except w here the public postal licensee determ ines, directs that pre pa ym e n t mav be m ade in so m e other manner. (3) The Authority m ay make rules for the use o f postage sta m p s as p rep a ym e n t o f fees or other sum s charg eab le under a m w ritten law by any g ov e rn m e nt agency for serv ices rendered and the recovery o f the revenue from the licensee. 39 No. 3 Electronic and Postal Communications 2010 Philatelic materials 4 9 —(1) All philatelic archival m aterials prod uced by a public postal licensee shall belong to the g o v e rn m e n t and shall be kept in such custody as the Authority directs. (2) For the purpose o f subsection (1). philatelic archival material shall include— (a) (b) (c) postage stam ps; artw orks, proofs, progressive sheets; printed sheets and printing plates o f postage stam ps; and date-stam ps. slogan dyes, and o ther artifacts used in connection with the production o f postage stamps. Exemption from postal charges - 50 Verify source ↗
E xem ptio n from postal charges
The Authority may make rules exempting some people from postal charges and related fees, including charitable letter-post items.
50.—(1) T h e A uthority may m ake rules as to the e x e m ptio n o f certain classes o f persons from postal charges on letter-post items and fees or other charges payable for services rendered. Pow er to m ake rules as to the transmission by post ol' postal articles (2) In particular and without prejudice to the generality o f the f o re g oing power, the rules m ade u nder sub-section (1) m ay exem pt letter-post items for charitable purposes from postal charges. - 51 Verify source ↗
( I ) T he A uthority m ay m ake rules as to the transm ission
The Authority may make rules for postal article transmission, including supplementary services, fees, restrictions, and compensation.
51.—( I ) T he A uthority m ay m ake rules as to the transm ission by post o f postal articles and in particular such rules may- (a) (b) (c) (d) for provide supp lem entary the p erfo rm an ce o f services in respect o f transm ission by post o f postal articles; prescribe the special ch arges or fees to be charged for the supplem entary services provided; prohibit the transm ission by post o f postal articles not specified in section 46 or lay d ow n special conditions on w hich such articles, m ay be transm itted by post: or provide for the paym ent o f com p e n sa tio n for the loss or d a m a g e in course o f transm ission by post o f postal articles, such the limit o f the com pensation m ay be paid and am o unt o f such com pensation. co nditions u nder which and the (2) For the purposes o f this section, sup plem entary services include the registration, insurance and storage o f postal articles. Paste Res/ante and any other form o f supp lem entary service. 40 No. 3 Electronic and Postal Communications 2010 Transm i ssion b\ posi o f anything injurious, etc prohibited - 52 Verify source ↗
T ran sm ission by post o f anything injurious, etc prohibited
This section prohibits sending by post items that could injure people or postal articles, including certain dangerous substances and narcotics, unless a regulation or prescribed condition allows it.
52.—(1) A person shall not send by post any article o r thing w hich is likely to injure any person or postal article in the course o f transm ission by post. (2) Except as otherw ise provided by regulations m ade under this Act and subject to the condition as m a \ be prescribed, no person shall send by post any explosive, inflam m able, dangerous, filthy, noxious or deleterious substance, any sharp instrum ent not properly protected, or any living creature which is either noxious or likely to injure any person or any postal article in course o f transm ission b\ post. (3) N o person shall send by post o pium , m orp hine, cocaine or any narcotic except under such rules as the A uthority m ay m ake in this behalf. (4) N o th in g in this section shall affect the provisions o f an\ written law relating to deleterious drugs. - 53 Verify source ↗
Prohibition o f transm ission by post o f a nything indecent
A person must not send by post indecent, obscene, offensive, or other prohibited articles.
53. A person shall not send by post any - (a) (b) (c) indecent or obscene printing, painting, photograph, lithograph, engraving, book or card, or any other indecent or obscene article; postal article ha ving or on the cover, have any words marks or designs o f any indecent, obscene, seditious, scurrilous, threatening or grossly offen sive character; postal article bearing any fictions stam p or purporting to be prepaid with any postage stam p which has previously been used to prepay any o th er postal article or which has been previously used in paym ent o f any stam p duty; or (d) other article which the A uthority may prohibit. Prohibition o f transmission by post o f anything indecent Authority to make rules dealing with prohibited articles - 54 Verify source ↗
Authority to m ak e rules dealing with prohibited articles
The Authority may make rules to stop prohibited articles from being sent or delivered and may detain, dispose of, or destroy such postal articles.
54. T h e A uthority may m ake rules for p reventing the sending and delivery o f articles prohibited under this Act and detaining, disp osing of. or destro ying any such postal article sent or tendered for transm ission by post. 41 No. 3 Electronic anti Postal C 'ommunications 2010 Obligation o f Licensee to inform the Authority - 55 Verify source ↗
O bligation o f licensee to inform the Authority
A licensee must immediately tell the Authority or an authorised officer and hand over a postal article if it is reasonably suspected of breaching the Act, its rules, or another written law.
55.—(1) W here a postal article sent by post is reasonably suspected by the licensee lo be sent is in contravention o f this Act. any rules m ad e there under or any other written law, the licensee shall im m ediately inform and hand o ver such postal article to the A u th ority o r any authorised officer. (2) On receiving the information m ade u nder sub-section ( I), an authorised officer shall detain such postal article for o p e n in g and ex am ination. Disposal o f postal articles forfeited under this Act - 56 Verify source ↗
*>. Disposal o f postal articles forfeited under this Act
The Authority or an authorised officer may direct what happens to certain postal articles found to be in contravention, including return, forwarding, forfeiture, destruction, or handover to customs.
56.—(1) W here a postal article opened or e xa m in e d u nder this A ct or o f any o ther written law is found to be in co ntravention or to have been posted in contravention, the Authority or authorised o fficer m ay direct that the postal article be returned to the sender or forw arded in each case charged with such additional postage, as the Authority may prescribes unless otherw ise dealt with under sub-sections (2). (3). ( I) , and (5) o f this section. its destination, to (2) Any postal article sent by post c ontravenes section 16 may. under the directions o f the Authority or authorised officer, be forfeited and destroyed. (3) Any postal article sent by post eprffravenes section 52 may. under the directions o f the A uthority or authorised officer, be destroyed. (4) A ny postal article sent by post in contravention o f section 53 shall be dealt w ith as the Authority may direct. Cap.-I()3 (5) N otw ithstan ding any provisions in any written law to the contrary , where any postal article opened u nder this Act is found to be in contravention o f the C u sto m s (M a n a g e m e n t and T ariff) Act. shall be handed ov er to the c usto m s D epartm ent to be dealt w ith in ac c o rd a n ce w ith that Act. (6) Any postal article opened under this Act and found to contain any valuable or saleable enclosure shall, together with its contents, be safely kept pending its disposition under this section, and a list o f any such postal articles together with a m e m o ra n d u m o f the contents th e r e o f shall be m ade and preserved. 42 No. 3 Electronic and Postal Communications 2010 Power to make rules as to disposal o f undeliver able postal articles Power to provide for postal financial s e n ices and to make rules thereon Powers o f the President in emergency or in the national or public interest (7) The detention, destruction or disposal under this Act o f a postal article or its enclosure shall not relieve any person from liability for any offence under this Act or any other written law. - 57 Verify source ↗
P o w er to m ake rules as to disposal o f undeliverable postal articles
The Authority may make rules for how undeliverable postal articles are handled or disposed of.
57. (1) T he A uthority may m ake rules as to the disposal o f un deliverablc postal articles. (2) The rules m ade under sub-section ( I ) m ay - (a) (b) (c) prescribe the period during w hich undeliverable postal articles at a post office shall rem ain in that office; provide for the publication o f lists o f undeliverable postal articles, or o f any class o f undelivered postal articles: and provide for the m an n e r in which u ndeliverablc postal articles shall be finally dealt with or disposed of. - 58 Verify source ↗
P o w er to provide for postal financial services and to m ake rules thereon
The Authority may allow the public postal licensee to provide postal financial services and may make rules for those services.
58.—(1) The A uthority may allow the public postal licensee to carry out postal financial services on its ow n account or on be h a lf o f g o v e rn m e n t and n on-governm ent agencies and m ay m ake rules as to such services prescribing for. (2) For the purposes o f this section, "postal financial services" includes m oney orders, postal orders, postal drafts, postal travellers' cheques, giro, ca sh-on-delivcry, and cheques, postal collection o f bills, savings service, subscription to n ew spap ers and periodicals and any other form o f financial service. - 59 Verify source ↗
P A R T IV
The President may authorize emergency or national-security actions affecting postal licences, post offices, postal services, and postal items.
59.—( I ) The President may, on o ccu rre n ce o f any event w hich g ives rise to an em ergency, or in the interest o f national or public security, authorize the Authority to - (a) suspend the public postal licence o f postal licensee take tem porary possession o f any post office and under the control o f any such licensee: (b) w ith draw either totally or partially the use o f any postal service from any person or class o f persons or from the public at large: or order that any postal article or class o f postal articles or any letter or class o f letters to or from any person or class o f persons or relating to any specific subject (c) 43 No. 3 Electronic and Postal Communications 2010 shall not be c onveyed, intercepted, d etained or delivered to any officer m entioned in the order to be opened, e xam ined or dealt with in such a m an n e r as the President m ay direct, o r that postal article or postal articles or letters or the contents th e re o f shall be disclosed to an officer m entioned in the order. letter or (2) The President may also authorize any oth er public the powers the go v e rn m e n t to carry out officer e m p lo ye d by conferred un der sub-section (1). (3) The licensee shall give all n ecessary assistance w h e n e v e r required to do so by an officer carry in g out any o f the p ow ers conferred under this section. P A R T IV C o m p k t i t i o n P r a c t i c e s a n d C o n d u c t (a) Anti-Competitive Practices and Conduct Anti competitive practice and conduct - 60 Verify source ↗
A n ti-c o m p etitiv e practice and conduct
A dominant licensee must not use market power to harm competitors, block entry, or deter competition, and must not discriminate in fees, quality, or service conditions except in limited approved cost-based cases.
60.—( I ) A d om ina n t licensee shall not take a d v an tag e o f its p o w e r in a m arket for the supply o f electronic and postal services with a view to - (a) (b) (c) or d a m a g in g elim inating substantially a nother licensee in the m arket in which it operates or in any other m arket; preventing the entry o f any other person m arket or any other m arket; and licensee deterring any o ther c om petitive conduct in that or any other market. from en ga g in g that in in (2) A dom in an t licensee shall acquire or m ake use o f persons w h o service in the m arket in which lie operates in relation to - not discrim inate between electronic c o m m un icatio n (a) (b) (c) any fees or charge for the service provided; the quality o f service provided: or any form or condition on w hich provided; the service is (3) N othing in sub-section (2)(a) shall prevent a dom in ant licensee the approval o f the Authority, for the cost o f prov id in g an electronic and reasonable allow ance, subject from m aking a to 44 No. 3 Electronic and Postal Communications 2010 postal services w here the difference results from - (a) (b) (c) (d) (e) (f) for different quantities in which the service is supplied: the different transm ission capacities needed supply o f the service; different places from, or to w hich the service provided: different periods for w hich the service is provided; different perform ance characteristics ol' the service provided; or doing an act in good faith to meet a price or benefit offered by a competitor: is (4) W here it appears to the A uthority that a dom inant licensee te le c o m m unic a tion s system s provider is tak in g or intends taking any action which has or is likely to have the effect o f giving an undue preference to or causing undue discrim ination against any person or c ategory o f persons, the Authority may, after giv ing the d o m in a n t licensee concerned an opportun ity to be heard, direct the licensee by written notice to ccasc o r refrain from taking such action, as the ease m ay be. (5) A person w ho con travenes any o f the provisions o f this section c o m m its an offencc and shall be liable on con viction to a fine not e xc e e ding tw enty thousand US dollars or its equ ivalent in T an z a n ia shillings. - 61 Verify source ↗
P o w ers of the Authority on dom in ant licensee
The Authority has power to determine whether a licensee has a dominant position in the relevant electronic communications market.
61. The Authority shall have p ow ers to de te rm ine dom inant position o f electronic c o m m un ication market. licensee in the relevant (b) Competition practices - 62 Verify source ↗
Electronic c o m m u n ic a tio n s licensees holding a dom in an t position
The Authority must publish an annual Gazette list of relevant electronic communications markets and dominant licensees, issue public guidelines, and may later amend the list with notice.
62.—( I ) The A uthority shall, not later than 3 1 D e c e m b e r o f each year, publish in the Gazette a list for the follow ing calendar y e a r o f - (a) (b) all electronic c o m m un ication s m a rk e ts that w ill or are likely to exist; and electronic co m m u n ica tio n s licensees determ in ed by the Authority electronic com m u n ic a tio n s m arket a dom in ant position. each hold for lo Pow ers o f the Authority on dom inant licensee Electronic co m m u n i cations licensees holding a dominant position No. 3 Electronic and Postal Communications 2010 (2) dete rm in e T he Authority shall electronic c o m m u n ic a tio n s licensee to hold a d om ina nt position in a given electronic c om m u nic a tion s m arket for a given ca le n da r y ea r for the electronic com m u n ic a tio n s m arket electronic c o m m u n ic a tio n s licensee has more than thirty live percent, acting to profitably and m aterially restrain or reduce alone, be able com petition. and the an (3) The A uthority shall produce and m ake public guidelines, for use by the Authority, on the m a n n e r o f defining an electronic com m u n ic a tio n s m arket and o f de te rm in in g w h ether a licensee holds a dom in ant position therein. .(-4) The A uthority shall be entitled at any time, by notice published in the Gazelle, to m odify for the rem ain der o f the calendar y e a r concerned, any list published pursuant to sub-section (1) o f this section, subject to a notice period o f at least four w eeks. Prices for s e n ices to the public offered by licensees holding a dominant position - 63 Verify source ↗
Prices for s e n ices to the public offered b\ licensees holding a dom inant
Certain dominant licensees must seek the Authority’s prior approval before charging public prices for application and content application services.
63.—( I ) Any application service licensee or content service licensee that has. for the calendar y e a r in question, been dee m e d to hold a d o m in a n t position in a given electronic com m u nications m arket in accord ance with section 60 o f this Act. shall, as concerns that electronic c o m m u nication s market- (a) it subm it to the A uthority for its prior approval the prices intends to charge to the public for each applications service and each content applications service, together w ith a detailed justification o f such prices: and (b) refrain from applying the prices in question until they in accordance the Authority have been approved by with sub-section (2). (2) Subject to sub-section (4). the A uthority shall issue a w ritten decision ap prov in g or d isapp ro ving the prices so submitted, to g e th e r w ith the reasons for such decision, w ithin four w eeks o f the receipt o f subm ission. (3) The A uthority shall base its decision on the extent to which the priccs proposed by the licensee- in respect o f the principles set forth in section 3 1(2): arc reasonably cost oriented; and (a) (b) (c) m eets criteria as con sid er relevant. the Authority m ay reasonably 46 No. 3 Electronic and Postal C 'oinninnicalions 2010 (4) T he A uthority may m ake reasonable requests for information from additional licensee 01- content service licensee concerned and. where it does so. the tim e limit set forth in sub-section (2). shall r e c o m m e n c e upon receipt o f the additional information requested. the applications service Prohibition «n .uteri ng c. >:!usi\e ■erccmcnls Prohibition t :>ing or Sb s mo - noils (■■■ddincs assoihe f i n i n g of p im in a n l p « a io n '' - 64 Verify source ↗
Prohibition into collusive agreem ents
A licensee must not enter agreements or arrangements that fix rates, share markets, or boycott suppliers or competitors.
64. A I iccnscc shall not enter a g re em e n t or arrangem ent, w hether w hich provides for - into any understanding, legally enfo rceab le or not. (a) rate fixing; (b) m arket sharing; (c) (d) boycott o f a supplier o f apparatus; boycott o f another competitor. or at - 65 Verify source ↗
Prohibition on tying or linking arrangem ents
A licensee must not make sale or supply of a communications-market product or service conditional on the buyer also taking, or not taking, another product or service.
65. A licensee shall not. a m c ircum stances, m ake it a condition for the prov ision or supply o f a product or service in a c o m m u nicatio ns m arket that the person acquiring product or service in the c o m m u n ic a tio n s m arket is also required to acquire or not lo acquire any other product or s e n ice either from h im se lf or from another person. tim e or any in - 66 Verify source ↗
G uid elin es as to the m eaning o f "d om in an t position”
The Authority may issue guidelines for identifying a dominant licensee and may order a dominant licensee to stop conduct, pay a fine, or face another appropriate remedy if the conduct may substantially lessen competition.
66.—(1) Subject to the provisions o f this Act the A uthority may publish guidelines for determ ination o f a d om inant licensees. (2) The guidelines m ay specify A uthority m ay take into account, including - the relev ant econom ic market; global technology and co m m ercial m arket power; (a) (b) the m atters which the trends affecting (c) (d) the licensee's p ow er to m ake independent rate setting the market share o f the licensee; (e) decisions; the degree o f product or service differentiation and sales promotion in the m arket; and ( 0 any o ther matters which the Authority d ee m s lit. (3) W here the conduct o f a dom inant licensee has the effect o r m ay have the effect of*substantially lessening com petition the A uthority m ay make an order requiring the do m inant licensee to- (a) cease the said conduct; M Electronic and Postal Communications 2010 (b) (c) im pose a fine: and im pose any other a ppropriate re m e d y . Resistor o f authorisa tions - 67 Verify source ↗
R egister o f authorizations
The Authority must maintain a register of current authorisations for conduct under this section.
67. T he Authority shall m aintain a register o f current authorisations o f a conduct under this section in acco rd a n ce with provisions o f this Act. Remedies non- com pliance Penally for ffcnccs - 68
The Authority or a person may seek an injunction against prohibited conduct, and a person generally must get a certificate from the Authority before going to court to enforce this section, except for an injunction.
68.—(1) T he A uthority or a person m ay seek an interim or this injunction against any c onduct prohibited in interlocutory section. (2) A person shall obtain a certificate from the A uthority for leave to proceed to the court for e nforcem ent o f the provisions o f this section except in the case o f an in junction. - 69 Verify source ↗
R em ed ies for non-com pliance
A person who breaks a prohibition under this Part commits an offence and may be fined, imprisoned, or both, with extra daily fines if the offence continues.
69. A person w h o con traven es any prohibition under this Part c o m m its an offence and shall, on conviction, be liable to a line not less than live hundred thousand shillings or to im prisonm en t for a term not less than live years or to both and shall be liable to a further fine o f one thousand shillings for every day or part o f a day du rin g which the offence continues. (c) RegulatoryJbr-hearance Resiuijtorv
Part
Part c o m m its an offence and shall, on conviction, be liable to a line
- 70 Verify source ↗
R egulatory for bearancc
The Authority may exempt a licensee or class of licensees from applying certain rules if the legal tests are met, and it must publish a notice and consider any submissions.
70.—(1) T he A uthority may forbear from a p plying to a licensee or a class o f licensees, in any o f its geographic m arkets, any prov ision o f sub-part (b) and any regulation, declaration, guideline o r other rule issued, if the A uthority reaso nably considers, after consultation with the Minister, that- (a) application o f such prov ision, regulation, guideline or rule is not necessary for- (i) (ii) the protection o f co nsum ers: or the licensees: and com petition prom otion am o ng st o f (b) forbearance from ap plying such provision, regulation, guideline or rule is consistent with the provisions o f this Act. (2) W here, pursuant to the provision o f sub-section ( I ) , if the Authority decides to forbear from a p p ly in g any provision, regulation, guideline or rule, it shall, without undue delay, publish a 48 No. 3 Electronic and Postal ( 'onummications 2010 notice o f forbearance in llic Gazette. selling forth the details of. and the reasons for the decision, and inviting interested parties to m ake su b m issio n s in relation to that decision within a period specified in that notice, but in any event not shorter than four w eeks from the date o f publication o f that notice. (3) T he Authority shall g i \ e due and p ro per consideration to any representation it m ay receive in a ccordance with sub-section (2) and shall thereupon issue its final decision. (tb Spectrum Management . Authority to ' and _"ign the national radio requeue} sfxx'lrum - 71 Verify source ↗
A uthority to m a n a g e and assign the national
The Authority may manage radio frequencies and channels, issue licences, make rules and regulations, inspect radio installations, and control radio station assignment and operation.
71.—( I ) The Authority shall have pow ers to m anage and control all radio com m un ication frequencies spectrum or frequency c ha n ne ls and provide m ech an ism s g o v e rn in g allocation and a ssig n m e n t to persons for limited periods o f tim e by issuing licences u nd er condition s determ ined by the Authority. (2) T he A uthority shall m ake rules - (a) harmful g o v e rn in g com m unications: establishing m inim um electronic applia n c es'. (b) interference to other pe rfo rm a n c e standards o f in regard to m anufacture, import, sale, sh ipm ent and use o f such de v ic e s or appliances. (3) The A uthority shall from time to t i m c - (a) classify radio stations, prescribe the nature o f serv ice lo be rendered by each station, assign bands o f frequencies to each class o f stations and assign frequencies and tim e during w hich it m ay operate: (b) m ak e regulations to- (i) (ii) (iii) prevent interference betw een stations under this Act; require stations to m aintain such records o f c o m m u nications or signals as the Authority may deem necessary : and require stations to subm it to the Authority reports as the Authority may from tim e to tim e require. (4) The Authority shall have po w er to inspect all radio installations associated with stations required to be licensed under No. 3 Electronic and Postal C 'ommunications 2010 Powers lo allocate, reallocate, assign etc this Act to ascertain w heth er they confirm u> the requ irem en ts of'the regulations in regarding to construction, installation and operation. - 72 Verify source ↗
Pow ers to allocate, reallocate, assign etc
The Authority has power to allocate, reallocate, assign, suspend, cancel, and otherwise change radio frequency and channel distributions, and must notify affected users or licensees before taking measures in some cases.
72.—( I ) N o tw ithstanding the prov isions o f any written law. c o m p act, concession, contract, deed, deed of' settlem ent, licence, m e m o ra n d u m o f understanding or any o ther kind o f agreem en t or provision to the contrary, the Authority shall, in the m aintenance o f frequencies spectrum or its control o v e r radio co m m un icatio n frequency channels have p ow er reallocate, assign, reassign, issue, reissue, redistribute, retrieve, suspend, cancel, or otherw ise m o dify the distribution am on gst users or licensees o f any radio c o m m u n ica tio n frequencies or frequency channels. to allocate, (2) The Authority may exercise the pow ers conferred by subsection ( I ) w here- (a) as a result o f any investigations or inquiry carried out by it or any other public a u th ority : or (b) in the ordinary course o f p e rfo rm ing its functions, (e) under this Act. pursuant to sub-section (10): and is o f the view that it is necessary or the Authority desirable in the public its pow ers in relation lo any user or licensee o f any radio com m u nication frequencies o r frequency channels. interest that it exercises to sub-section (2)(a ) and (3) W here the Authority carries out an investigation or its inquiry pursuant radio com m u nicatio n satisfaction frequencies or frequency channels, w ho has had the opportunity to be heard by the Authority is- the that a user or licensee o f a is proved radio (a) to il c o m m u n ic a tio n utilizing Spectrum or frequency c h an nels for purposes other than those originally perm itted: or not utili/ing the effectively: frequencies efficiently or frequencies radio (c) m isusing. or the abusing hoard in g radio com m u nication frequencies or frequency channels or frequencies: en ga g in g in practices intended to drive com petitors out of business or deter any other licensee or user from establishing a com p etitiv e business the country or in any specific area or location within the e o u n trv : in (b) (d) No. 3 Electronic anti Postal ( 'ommunications 2010 (e) ( 0 (g) or the harm interfere with to hurt, injure, carrying out acts intended or likely infringe, radio com m un icatio n frequencies or frequency channels or frequencies o f other users or licensees: using or operating a radio c o m m u n ic a tio n frequencies or frequency channels or frequency w ithout having a licence issued under this Act: or con trav en in g any other conditions in relations to the assigned frequencies. the Authority shall exercise the po w er conferred by sub-section ( I ) and in w riting notify the user or licensee o f a radio com m u nicatio n frequencies or frequency channels the decision o f the Authority and comply with that direct him as to what he is supposed to do to decision. ( I) W hen the Authority lakes the m easures under su b section (6) in pursuance o f sub-section (3). no co m pensation shall be paid by the Authority or any oilier authority to the user or licensee o f radio c o m m un ication frequencies or frequency channels. (5) W here in the ordinary course o f perform ing its functions und er this Act. pursuant to sub-section (2)(b) or upon com p laint to the Authority by a user or licensee o f a radio com m u nicatio n frequencies or channels or frequency o r by any other authority, the A uthority thinks il desirable lo con sid e r w hether or not it shall exercise any o f the pow ers u nder sub-section (1) in relation to any user or licensee, it shall by notice in writing notify to any person intended or likely to be affected by the exercise, stating- frequency (a) (h) tim e not exceeding the m easure that il proposes to institute: and the twenty eight days within which any party affected or likely to be affected may m ake representations to the Authority . (6) W here no representations are subm itted by any person in response to any nolice specified in sub-section (5). the Authority shall proceed to institute m easures under sub-section ( I ). (7) W here any party m akes representations to the Authority in pursuance o f sub-section (5). the Authority shall within fourteen those days o f representations is pay able under this Act, and may- representations, including w hether or not any co m pe n sa tio n con sid er receipt such of No. 3 Electronic and Postal C 'ommunications 2010 (a) (b) (c) (d) to the in response reject the representations or any o f them.: ■ the proposed m easures am e n d representations: decide to exercise any o f the pow ers conferred by sub-section (2): and licensee o f radio the user or in writing direct co m m un ication frequencies or frequency channels or frequency concerned to give effect to the decision o f the Authority. (8) Upon receipt o f a decision o f the Authority on the representations pursuant to sub-section (7) the user or licensee to w h om the decision o f the A uthority relates, shall not institute any action in any court o f law in relation to the said decision if- (a) (b) lie has not previously m ade any representations to the A uthority: and he institutes any action, it shall be in the lligh Court, and the action shall be on procedural issues or on grounds that the decision o f the A uthority was based on extraneous factors. (9) In exercisin g its pow ers conferred under sub-section ( I ) fix or prescribe the m in im um or m axim um the A uthority may n u m b e r or am ou nt o f radio com m u nicatio n frequencies or frequency chann els w hich any user or licensee may be granted for the purpo ses o f this Act. (10) In the exercise o f any pow er, the perform a nc e o f any duty or the discharge o f any right, privilege or obligation by any pursuance o f the provisions o f this Act. shall person or authority in radio c o m m u n ic a tio n lo a lw ays be frequencies or frequency channels are national resource which is held in trust for the people by the G ove rn m e n t, and m aintained and controlled by the purposes and pro\ isions o f this Act. for carrying out the Authority regarded that all fact the / ( ! 1 ) A person w ho is aggrieved by a decision o f the Authority u nder this section may. within twenty eight day s o f the notice o f the decision o f the A uthority appeal to the llig h C ourt on procedural issues or on grounds that the decision o f the Authority w as based on extraneous factors. No. 3 Electronic and Postal ( 'ommunications 2010 Prohibition to transfer frequency - 73 Verify source ↗
Prohibition to transfer frequency
A person assigned radio frequency must not transfer the right to use it to anyone else, whether for payment or not.
73. A person to w hom radio frequency have been assigned shall not be permitted to transfer the rights to use such frequency to any third parly, w hether for rem uneration or otherwise. Offences - 74 Verify source ↗
O ffences
A person who ignores certain Authority directions under section 72 commits an offence and may be fined; a willful licence breach can also lead to cancellation.
74.—(1) Any person w ho fails, neglects or refuses to c o m p ly w ith any directions o f the A uthority giv en un der sub-section (3). (6) or (7) o f section 72 com m its an offence. (2) A n \ person w ho co m m its an offence u nder sub-section (1) shall upon conviction be liable to a line o f not less than two billion live hundred thousand million T anzanian shillings and in ease o f a continuing offence to a further fine o f not less than sevcntv live million Tanzanian shillings for everyday or part th e re o f during which the offence continues after conviction. (3) N otw ithstanding the provisions o f sub-sections ( I ) and (2). any person w ho willfully c ontravenes or fails lo com p ly with the conditions im posed on his licence granted under this Act in relation frequencies or radio com m u n ic a tio n frequency channel, shall have his licence cancelled. the use o f a to Deposit before c o m ietion - 75 Verify source ↗
D eposit before conviction
The Authority may require a frequency licence holder to lodge a deposit or post a bond, up to TZS 1.2 billion, and refusal or failure is an offence.
75.—(1) The A uthority may require a n \ licensee w ho has been issued a frequency user licence to deposit an am o un t not e x c e e d in g one billion tw o hundred million Tanzan ian shillings or execute a bond to be secured against the assets o f a user or licensee o f a sim ilar a m o u n t to defray any cost or liability incurred by the A utho rity or any other person which m ay arise out o f any criminal or civil process in relation to this Act. (2) Refusal or failure to pay the deposit or execute a bond un der sub-section (1) shall be deem ed to be an offence against this subsection, and shall be punishable as a continu in g offence. (3) W here a user or licensee is sentenced to pay a line under this section, the court shall ord er forfeiture to the United Republic any deposit m ade or bond executed under this Act. Mstablishme- n t o f the Spectrum C'onsuliaiive C om mittee (e) Spectrum ( 'onsulta/ive C 'onimittee - 76 Verify source ↗
77. Pow ers o f the A uthority in spectrum m anag em en t
The Authority must establish a Consultative Committee, and it may set the Committee’s functions.
76.—(1) The Authority shall establish C o nsultative C o m m ittee which shall consist o f the m em b e rs a Spectrum following (a) one m e m b e r o f the Board o f the Authority w ho shall 53 No. 3 Pleclronic and Postal ( 'ontniunications 2010 (b) (c) (d) (e) senior officer o f be the C hairm an o f the C om m ittee: four m em bers appointed by the Authority consisting o l'e x p e rts o f Spectrum from the public sector, priv ate sector, military and academ ic: one departm ent responsible w ho shall be the Secretary o f the C om m ittee: one senior lawy er o f the Authority : and one dep artm ent responsible for licensing. the for Spectrum M anag em en t senior officer o f the Authority the Authority from from the (2) The A uthority may d eterm in e functions o f the C o m m itte e which shall carry out the functions in relation to - (a) (b) advise on National Spectrum issues: or prepare issues for discussion at International fora. Powers o f the Authority in spectrum m anagem ent - 77 Verify source ↗
Pow ers o f the A uthority in spectrum m anag em en t
The Authority has powers to manage radio spectrum, issue licences, make rules, publish spectrum plans, and inspect licensed wireless networks and radio stations.
77.—( ! ) The Authority shall have pow ers to m an age and control all radio com m unication frequencies spectrum or frequencv c hannels and assig nm ent to persons for limited periods o f time by issuing licences u nd er the conditions determ ined by the Authority. and provide m ech anism s g o v ern in g allocation (2) The Authority shall make rules - (a) (b) go vern in g (e) harmful gov erning allocation, assignm ent and use o f radio frequencies or frequency channels: interference to c o m m u nications stations and serv ices: establishing m inim um standards o f electronic equipm ent, appliances and dev ices in regard to manufacture, import, sale, shipm en t and use o f such equipm ent, appliances or dev ices: pe rform a nc e other radio (3) I he Authority shall m an a g e the radio frequency >pcclmm through the National frequency spectrum plan, under this Act. Spectrum allocation and assignment "S.—(1) A national frequency spectrum plan developed by the Authority shall (a) be divided into such n u m b e r o f frequency bands as the Authority deem s appro priate for the purpose o f regulating radio com m u n ic a tio n s under this Act: No. 3 Electronic and Postal ( 'ommunications 2010 (b) designate one or more bands to be used primarily for (e) (d) future use for present or the general purpose o f the g ove rnm e n t: specify the general purpose for which any other band may be used including the reservation o f any band, for public or w h ether community purposes or for the prevention or control o f interference: prov ide for one or m ore purposes for w hich any part o f a band and include any particular frequency or frequency channel which may be used w heth er with regard period or otherw isc: and include such other matters as the Authority deem s necessary to give full effect to the spectrum plan. (2) The Authority may d e v e lo p 1 a new national frequency spectrum plan to replace an existing national frequency spectrum plan, when the need arises, and prior to that the Authority shall issue a public notice in that respective. to a specified geog rap hic area, (e) (3) The Authority may revise, vary or revoke a national (2). and shall issue a frequency spectrum plan under sub-section Public Notice to that effect. (•1) W here the Authority has developed a new national frequency spectrum plan under sub-section (2) or has revised, v aried or revoked any existing national frequency spectrum plan under su b section ( I ). the new national frequency spectrum plan or the rev isccl. varied or revoked spectrum plan shall sup ersede the existing N ational frequency spectrum plan or lo the extent o f the rev ision, variation or revocation, as the case may be. (5) The Authority may make rules for spectrum assignm ent plan which shall consist of- (a) methods, procedures and tim etab le to be followed for for the purposes o f issuing an assignm ent: subdivision o f the relevant frequency bands in the spectrum plan issuing an assignm ent: am o un t o f the frequency spectrum in relevant bands frequency band that is to be reserv ed for future use or for public or community serv ices: conditions which may be included in an assignm ent to (b) (c) (d) No. 3 Electronic and Postal Communications 2010 (e) be issued; and any other matter as necessary. the Authority ma y deem (6) The spectrum as signment plan and any material modification o f it shall be made available to the public for c o mme nt , and any c o m m e n t s received shall be considered by the Authority before issuing an assignment. (7) The shall be d e te rmi ne d by the Authority, as the case m a y be, and may include the following- for spectrum a ss i gn me nt s procedures (a) (b) (c) (d) (e) (I) (g) the method o f det er mi ni ng the the method o f payment o f the a ssi gnment ' s fees: the advertisement o f l h e proposed assignment; price: ' the potentiality o f applications including the type o f t echnology that may be used; the intensity o f demand; the extent o f spectrum usage; qualitative factors such as - band quality: flexibility o f band usage: availability o f eq ui pme nt for use in the band: ranges o f band; and any other matters as necessary. (i) (ii) (iii) (iv) (v) the Authority ma y deem (8) T h e Authority may mo di f y or vary the a s s ig nme nt plan as it d ee ms lit. under the provisions C o m m u n i c a t i o n and Frequency Spectrum Regulations. spectrum o f Radio (9) flic Authority shall from t ime to t i m e - (a) classify radio stations, prescribe the nature o f service to be rendered by each station, assign radio frequency bands to cach class o f station and the time during which it mav operate: and (b) make rules w ith respect lo- (i) (ii) ma na ge and prevent interference between stations and to carry out the r equirements under this Act; require commu n ic at io n stations to maintain such radio c ommu ni ca ti on s operations or signals as the Authority may records o f 56 No. 3 Electronic and Postal ( 'ommunications 2010 (iii) deem necessary; require commu n ic at io n to as Authorin' max from time to time require. the Author in' such reports stations to submit the (10) The Authorin' shall have p o w e r to - (i) (ii) inspect all wireless Net wor k and installations associated required to be licensed under this Act: and ascertain whether the wirelcss net works and radio stations conf or m to the requirements o f the regulations and licence conditions. radio stations with (f) Numbering and Electronic Addressing N u m b er and electronic address assignment - 79 Verify source ↗
N u m b e r and electronic address assignm ent
The Authority may regulate numbering and electronic addresses and maintain related registers and oversight functions.
79. The Authority electronic c o mm u ni c at i o n number ing and electronic addresses and ensure efficient use by - regulate shall all (a) performi ng monitoring; proper planning, allocations and (b) maintaining the national electronic commu ni c at io n number ing and electronic address register for all carriers and operators in respect o f resources which have been assigned: performi ng an oversight role on the m a na g em e n t o f co u n t r y 's code T op Level D oma in (ecTLD) : and (d) maintaining electronic address registrer o f electronic their to service providers and (c) n umbe rs assigned subscribers list. Assignment exception - 80 Verify source ↗
A ssig n m e n t exception
The Authority may publish a Gazette declaration exempting a person, class of persons, or listed activities from assignment.
80.—(1) Notwit hst anding the provisions o f this Act. no a s si gn me nt shall be required for the activities listed in a declaration to be issued by the Authority. (2) The Authority may by declaration published in the Gazette, after consultation with the Minister, e x e mp t a person or class o f persons as si gn me nt o r a class assignment. to hold an requirement individual from the 57 No. 3 Electronic and Postal C 'omnumications 2 0 1 0 Prohibition to transfer num bers or electronic addresses - 81 Verify source ↗
Prohibition to T ransfer num bers o r electronic addresses
A person assigned electronic numbers or electronic addresses must not transfer the right to use them to anyone else.
81. N o person to wh om electronic nunihers or electronic addresses have been assigned shall be permitted to transfer his rights to use such n umb er s or electronic addresses to any third party, wh e th er for remuneration or otherwise. (g) Technical Standards Technical standards for equipment connected to a network - 82 Verify source ↗
Technical standards for equipm en t connected to a network
The Authority must establish and publish technical standards for regulated services in Tanzania, and when appropriate seek submissions and consider relevant international or regional standards.
82.—( I ) the est abl ishment and publication o f technical standards relating to all regulated ser\ ices in the I nited Republic o f Tanzania. The Authority responsible shall be for (2) In establishing such standards, the Authority shall- (a) where appropriate, seek from other interested parties, in particular those persons likely to be most affected by the publication o f such standards: and s u bmi ssi ons (b) participate in standardization activities and take due relevant standards prescribed by account o f any the United international organizations International such Republic T e le communi c ati ons Union and ot her sub-regional groupings. to which as belongs, the .Approx al o f equipment connected lo a Network - 83 Verify source ↗
A pproval o f e q u ip m e n t connected to a network
Equipment used to connect to an electronic communications network must be approved by the Authority.
83.—( I ) Any equipment to be used for connection to any electronic c ommun ic a ti ons network for the purpose o f receiving and. or transmitting electronic commu n ic at io n signals shall be appr oved by the Authority. (2) Subject to applicable procedures and fees, the Authority shall, at the request o f any electronic c o mmu ni ca ti on s licensee, eq u i pme nt manufacturer or equipment supplier, conduct type approval tests, and issue type approval certificates, in respect o f electronic commu n i ca ti on s equipment intended for use in the United Republic o f Tanzania. (3) The Authority shall, in c onduc ti ng type approval o f equi pment, be guided by the technical standards formulated by the Authorilv under this Act. No. 3 Electronic and Postal ( 'ommunications 2010 I stablish- ment o f Central I quipment Idemilica- ion Register Cellular identifica tion information I \ 11:1 registration requirement Suh register ill) ( 'culm / Equipment Identification Register (( EIR) S4.—(1) There shall be established an eq u i pme nt register k no wn as Central Lqui pmcnt Identilieation Register. (2) The register shall be maintained by the Authority within its structure as the Authority may d eem lit. (S5.—( I ) The Central Equipment Identilieation Register shall maintain white list, black list and grey list. (2) White list shall hold information on any mobile tel ephone used in any networks. (3) Black list shall hold information o f all reported lost or stolen or destroyed mobile telephone. ( I ) Grey list shall hold information o f any pair that does not lit in the white or black list. (5) White, black and grey lists shall contain all unique mobil e telephone n umb e r or as IMLI nu mb e r pairs. - 86 Verify source ↗
IMEI registration requirement
Cellular operators must capture subscriber number and IMEI number pairs generated in the network.
86. All cellular operators shall capture any pair o f s ubscri ber n u mb e r and IMLI n u mb e r generated in the network. - 87 Verify source ↗
Sub register
The licensee must maintain a sub-register of entries submitted to the CL IR and update the blacklist.
87. Ivaeh Network Services Licensee shall maintain a sub- register containing all the entries submitted to the CL IR and update black list. I O S S of Mobile telephone - 88 Verify source ↗
Loss o f m obile telephone
A subscriber must report a lost mobile telephone to the serving Network Services Licensee, and the licensee must make the corresponding register changes.
88. A subscriber shall report loss o f his mobi le telephone to the serving Network Services Licensee wh o shall accordingly effect such cha nge s to the register. Keeping o f data base Power o f Network S e n ices licensee to blacklist stolen mobile telephones - 89 Verify source ↗
K eep in g o f data base
Subscriber information must be kept within the Authority.
89. Lvery subscriber information shall be kept within the A u t ho r i t y . - 90 Verify source ↗
P ow er o f N etw o rk Services provider to blacklist stolen m obile telephones
Network services licensees must blacklist reported stolen, lost, or damaged mobile telephones, and consumers must report such phones to the licensee.
90.—(1) A Network S e n ices Licensee shall blacklist reported stolen, lost or da maged mobil e telephones. (2) The procedure to blacklist reported stolen, lost or d a m a g e d mobile telephone shall include - (a) a c o n s u me r whose mobile t elephone has been stolen, lost or da ma ge d shall report lo the Ne twor k Service Licensee: or 59 No. 3 Electronic and Postal Communications 2010 (b) the network services licensee shall block the SIM card and deactivate the stolen mobi l e telephone so that it cannot be used on any net wor k in Tanzania. (3) All licensee shall create a procedure on blacklisting mobi le telephone and publish for c o n s um e r information. (i) Subscribers Information Subscribers Database - 91 Verify source ↗
Subscribers Database
The Authority must keep a subscriber information database, monitor the stored information, and issue submission guidelines; licensees must submit subscriber information lists monthly.
91.—( I ) There shall be a database kept within the Authority jn u |-,jc |-, a || Subscriber Information shall be stored. (2) The Authority shall take char ge o f monitoring and superv ision o f the information stored in a cc or dance w ith sub-section (I). (3) lvvery application serv ices to the Authority once a month a licensee shall be required to its list c ont aini ng submit su bs c ri be r' s information. (4) The Authority shall issue guidelines on details o f su b scribers information to be submitted. mioimatioii o f dealers - 92 Verify source ↗
List and inform ation o f dealers
A licensee must keep records of all dealers selling or distributing SIM cards and must submit a verified nationwide dealer list to the Authority every month.
92.—(1) livery application serv ice licensee shall keep and maintain records o f all dealers e ngaged in selling or distribution o f SIM card. (2) Ivvety application serv ice licensee shall submit to the Authority once a month a v erified list of dealers or outlet nationw ide w hich they engage. (j) Detachable S IM card and built-in SIM card mobile telephone registration Registration lequnemeiu - 93 Verify source ↗
Registration requirement
People who own or use a detachable or built-in SIM card mobile telephone must register it, and sellers or providers must collect subscriber details, verify the information, and keep copies of the documents.
93.—(1) Every person w ho o w n s or to use detachabl e SIM card or built-in SIM card mobil e t elephone shall be obli ged to register SIM card or built in SIM card mobile telephone. intends (2) A i n person who sells or. in any other m a n n e r prov ides det achable SIM card or built-in SIM card mobi le tel ephone It) anv potential subscriber shall- (a) where the potential subscriber is a natural person. 60 No. 3 Electronic and Postal C 'ommunications 2 0 1 0 obtain and till in a form which contain the following in format ion- (i) (ii) (iii) the full n ame o f the potential subscriber: identity card n u mb e r or any other document which proves the potential subscriber: and residential physical address, wh ic he ve r is applicable: business or identity o f registered and (b) where the potential subscriber is a legal person, obtain form a c c om pa n ie d with a relevant a lill in and certified cops' of- (i) (ii) (iii) (iv) certificate o f registration or incorporation: business license: Payer Tax Certificates: and where applicable, the Value Add ed Tax. Identilieation N u m b e r (e) from the potential obtain information which the person who sells or in any other ma nn e r provides the det achable SIM card or built-in SIM card mobi le telephone d e ems necessary. subscriber any other (3) Subject to the provision of sub-section (2). the application service licensee, operator or the distributor, agent, dealer authorised to sell or prov ide the detachable SIM card and. or built-in the respective application service SIM card mobile telephone by licensee or operator shall, before filling in the form . verily all the information obtained. licensee (4) Subject to the prov isions o f subsection (3). the or respective distributor, agent or dealer authorized to sell or pros ide the det achabl e SIM card and. or built-in SIM card mobile telephone by the respective licensee shall retain in hard copy or electronically all phot ocopies o f do cu me n ts obtained under sub-section (2). Provision of information - 94 Verify source ↗
Provision o f information
A person who wants to buy and use a detachable or built-in SIM card mobile telephone must give the listed section 93 information to the licensee, distributor, agent, dealer, or seller before purchase.
94.—( I ) Any person desiring to own and use detachable SIM card or built-in SIM card mobile telephone shall before purchase t h e re o f avail to the application serv ice licensee or to the authorized distributor, agent, dealer or any person selling or distributing the det achable SIM card or built in SIM card mobil e t elephone all the information specified under section 93. 61 No. 3 Electronic and Eosta/ ( 'ommunications 2 0 1 0 Submission o f information C'hainie o f information s.ilc. distribution b\ dealer and use In subscriber 0 9 - 95 Verify source ↗
Submission o f information
Authorised distributors, agents, or dealers of detachable SIM cards or built-in SIM card mobile telephones must submit specified information and documents to the respective Application Services Licensee within 15 days of sale or distribution.
95. All authorised distributor, agent, or dealer dealing with, selling or distributing the detachable SIM card or built in SIM card mobil e telephone shall within fifteen days from the date o f sale or distribution submit to the respective Application S e n ices Licensee all the information and doc ume nts obtained under section 93 o f this Act. - 96 Verify source ↗
Change o f information
Any change to required SIM card registration information must be registered with the Network Services Licensee or operator within 15 days.
96.— An\' change lo the information required in detachable SIM card and. or built-in SIM card mobile telephone registration shall be registered with the Net wor k S e n ices Licensee or operator within fifteen d a s s from the date o f occurrence o f such change. - 97 Verify source ↗
Sale, distribution by dealer and use by subscriber
Dealers must not sell or distribute detachable SIM cards or built-in SIM card mobile telephones without prior authorization, and subscribers must use registered SIM cards and built-in SIM card mobile telephones.
97.—( I ) A dealer shall not sell or distribute in ans ma n ne r a det achabl e SIM card or built-in SIM card mobi le telephone without prior authorization o f the respect ise application s e n ice licensee. (2) Lsers subscriber shall in pursuant to the pros isions o f this section use a registered SIM card and. built in SIM card mobile telephone. (3) Alls subscriber or dealer selling or distributing d etachable SIM card or built-in SIM card mobi le telephone without prior authorization o f licensee c om mi t s an offence. respectise application s e n ice >k) Duties o f network service licensee or operator, agents and customer. I )ut> o f confident i- alit\ - 98 Verify source ↗
Duty o f confidentiality
Certain members, employees, and agents must keep Act-related information confidential, and no person may disclose customer information unless another written law authorises it.
98.—( I ) A person who is me mb e r, e m p lo y ee o f application s e n ice licensee, or its agent, shall liase a dills o f conlldentialits o f ans information r eceised in accordance with the pros isions o f this Act. (2) N o person shall disclose the content o f information o f ans c u s t o me r received in accordance with the pros isions o f this Act. except wher e such person is authorised by ans other written law. - 99 Verify source ↗
D isclosure o f inform ation by authorized person for official duties
A person must not disclose information obtained while carrying out powers or duties under the Act, except to certain law enforcement or judicial bodies. An authorised person may disclose or use information when needed for official duties.
99. A person shall not disclose ans information receised or obtai ned in exercising his powers or per for mi ng his duties in terms o f this Act except - (a) the information where law is e nforcement a ge nc s. court o f law or other lass lulls constituted tribunal: notssithslanding the pros ision o f this section, ans required bs ans (b) I )isclosure o f informa tion b\ authorized person for official d u t i o 62 No. 3 Electronic and Postal ( 'ommunications 2010 authorized person who executes a directive or assist t he re o f and obtains k no w l ed ge o f with execution information o f any c ommuni c a ti on ma y - (i) (ii) information to anot her law disclose such officer to the extent that such disclosure is necessary for the proper pe rf or ma nc e o f the official duties o f the authorised person ma ki ng or receiving the disclosure: or use such information to the extent that such use is necessary for the proper performance o f official duties. law e nf or ce men t officer the I)ut\ to KfXWl theft. k*>> ol ■n+ile rhnncor lost, destroyed or stolen, - 100 Verify source ↗
Duty to report theft, loss o f m obile telephone or SIM card
The owner of a mobile telephone or detachable SIM card must report loss, theft, or destruction to police and the service licensee/network, and the reporter should receive written proof.
100.—( I ) Where a mobile telephone or detachable SIM card is the o w n e r o f that e qui pme nt or det achabl e SIM card shall report such loss, theft or destruction in person or through a person duly authorised by him to police and to the application service licensee or to w ho s e network the o wne r subscribed. (2) An> authorised person, w h o receives the report pro\ ided in subsection ( I ). shall provide the reporter with written p r o o f o f l l ie report which shall be a ccompanied with a special number. (3) The cu st ome r shall, at the time o f filling a report, lost, stolen or d a ma ge d produce unique identity nu mb er o f the det achabl e SIM card or mobile telephone. - 101 Verify source ↗
Duly to use registered m obile telephone and SIM card
A person who owns, possesses, or controls a mobile telephone or detachable SIM card must register it.
101. A person who owns, posses, or controls a mobile to register tel ephone or detachable SIM card shall have a duty mobi le telephone or detachable SIM card. jod SIM IJui\ lo rcr»n ol „ o, - crhonc or card - 102 Verify source ↗
Duty to report chan ge o f o w nership o f m obile te lephone or SIM card
People who own, possess, or control a mobile telephone or detachable SIM card must report changes in ownership or possession, and if the device or SIM was previously registered to someone else, they must register it under section 99.
102.—(1) Ai n person who owns, possess or has control o f mobil e telephone or detachable SIM card shall have a duty to report any c ha ng e o f ow nership or possession o f mobile telephone or SIM card to the respective application ser\ ices licensee or to the network. the ow ner is subscribed to. (2) Any person who owns, possesses or has control o f mobi le t elephone or detachable SIM card which was previously to register that said o w n e d by a nother person shall have a duty 63 No. 3 Electronic and Postal (. 'ommunications 20 JO mobil e telephone or detachable SIM card as provided lor under section 99 o f this Act. (!) ( 'ontcnt Regulation Regulation ol" content- related matters C ode o f conduct for content s e n ices licensees - 103 Verify source ↗
R egulation o f content-related matters
The Minister may make regulations on content-related matters if recommended by the committee; the Authority may also make rules on content-related matters when acting on the Content Committee’s recommendation.
103.—( ! ) The Minister m a y m a k e regulations upon r e c o mme n da t io n o f the Commi tt e e on content related matters. (2) In exercising its powers, the Authority acting upon r e c o mm e nd a t i o n o f the Content Co m m i t t e e may ma ke rules on content related matters. - 104 Verify source ↗
C o de o f c o n d u c t for content services licensees
Content service licensees must follow the code of conduct and must not provide indecent, obscene, false, menacing, or otherwise offensive content.
104.—( i ) Th c code o f conduct c ontempl ated in this section s h a l l - - (a) (b) be binding on all Cont ent Service Licensees: prohibit the provision o f content which is indecent, obscene, false, me na ci ng or otherwi se offensive in character. (2) Without derogating from the generality o f subsection 1(b). the code o f conduct shall be designed to achieve the following objectives— (a) (b) (c) (d) (c) (f) (g) and the protection o f children: the exclusion o f material likely to e nc ou r a ge or incite the commi ssi on o f crime, from content provided by content service licensees; the presentation o f c ompr ehens ive, accurate impartial news: the presentation o f religious material in a balanced and responsible manner: the protection o f the public against offensive and harmful content; appropriate sponsorships: and the or t echniques that c o m m un i ca t e a me ss a g e to viewers or listeners, or otherwise influence their minds, without their being aware, or fully aware, o f what has occurred, or that has the potential for d oi ng so. o f c o mmu ni ca ti on m et hod s advertising prevention regulation and o f 64 No. 3 Electronic am i Postal Communications 2010 I'vents o f \ational Interest - 105 Verify source ↗
Events o f National interest
Rules for national-interest events must keep related content accessible to the public and protect public broadcasting of key sporting events.
105.—( ! ) The regulations pertaining to the provision o f content regarding events o f National interest shall- the public si mul taneously with interest shall be reasonably accessible be designed to ensure that content r egarding event s o f to national the m e mb e rs o f occurrence o f such events or without undue delay after the occurrence o f such events; clearly identify the nature o f event s that fall to be categorized as events o f national interest; and not interfere unduly with the c omm er c ia l affairs o f content service licensees. (a) (b) (c) (2) to significant sporting events 1-vents o f National interest shall include, but not be that are o f interest or to a substantial proportion o f mainland Tanzani an restricted i mportance society. (3) The Authority shall make rules or regulations to regulate Subscription Content Service Provider from acquiring excl usi ve rights that prevent or hinder the public broadcaster from b r oadcast i ng sporting events that are o f national interest. Xcw> and asrrcnt - 106 Verify source ↗
N e w s and current affairs
Content service licensees must provide news and current affairs information regularly, and it must be accurate, balanced, impartial, and fair.
106.—( I ) The regulations relating to news and current affairs shall be ma de to ensure that content service licensees provide n ews and information on current affairs- (a) (b) (c) on a regular basis; that is accurate, balanced, impartial and fair; dealing with international, whe re appropriate, local matters. regional, national and. and (2) The regulations relating to news and current affairs shall interests o f content service to the commer ci al give due regard licensees. - 107 Verify source ↗
O riginal and independent productions o f local content
Regulations on local content and independent/original productions may require content service licensees to provide specified content and may set when that content must be provided.
107.—( I ) The regulations pertaining to local content, i ndependent and original productions shall be ma d e to- the production o f content in (a) (b) stimulate Tanzania; prevent applications s e n ice licensees of- is not excessive content that the (i) provision by mainland content relevant to. or not 65 and mxreraucnl TT WUCtioCS «s iwrrl No. 3 Electronic and Postal ( 'ommunications 2010 to the d e ve l op m e nt of. as conducive' appropriate, mai nl and Ta nz a ni a n society: and (ii) which is already, or has previously been made, available lo the public. (2) The regulations pertaining to local content, independent and original productions may specify- (a) the extent to which content service licensees shall pro\ ide and shall include- (i) (ii) (iii) content the content produced in mai nland Tanzania: the independent producers: and the content o f an original nature: produced by (b) the times o f the day or week when such content is pr o\ id ed . l so o f official language - 108 Verify source ↗
Use o f official language
The Minister may make regulations about the use and promotion of official languages in content provided by content service licensees.
108. The Minister may make regulations on the use and p romot ion o f the use o f official languages in a content provided by Cont ent Service Licensees. Advertising and s p o n s o r s h i p - 109 Verify source ↗
A dvertisin g and sponsorship
The Authority may make rules about advertising and sponsorship, including limits on how ads and sponsorships are shown and rules that can require licensees to provide a specified proportion of educational content.
109. Without derogating from the generality o f the p ower the advertising and rules it may include the following pro\ isions - to make rules pertaining o f the Authority sponsor shi ps o f such (a) (b) (e) goods, services, products, prohibiting, restricting or regulating a dver ti sement s o f specified activities, prohibiting, restricting or regulating specified forms and met hods o f adv ertising or sponsorship: prohibiting, other wi se political advertising: restricting or otherwise the extent o f c over age o f advertising and sponsor shi ps which a Content Service Licensee may give in the provision o f its scrv ice. including, but not limited to- regulating restricting regulating or (i) (ii) (iii) the m a xi m u m a mount o f time to be allocated in any hour or other tv) advertisements period: the m in i mu m interval whi ch elapse between any two periods allocated to advertising; the n umb er o f such periods to be all owed in 66 No. 3 Electronic and Postal ( 'ommunications 291« (iv) (v) any hour or day: the p r omi nence that mas a ds er li se me nt s or sponsorships: and the sponsorships licensed s e n ice. exclusion o f or from a specilied part o f a a dver ti sement s be given ! C'onicni o f an educational nature 1!().—( I ) The rules ma de by the Authority in relation to the i mpos e an pros isions o f content o f an educational nature mas obligation on Content S e n ice Licensees, or on certain specified classes ol Content S e n ice Licensees, lo ensure that a specified proportion o f content pros ided by each one o f them constitutes content o f an educational nature. (2) The rules contemplated in sub-section ( I ) shall - (a) include an appropriate definition o f the term "Content o f an educational nature": (b) specify the extent lo s\ hich content sets ice lieensee- (i) (ii) shall be obliged to finance the production o f content o f an educational nature: and mas acquire and pr os id e content o f an educational other persons: produced nature bs (c) (d) include pros isions designed to ensure that content o f an educational nature pros ided bs content s e n ice licensee: s e n ice licensees, or require content specified classes o f content applications s e n ice licensees, to ensure that a specilied proportion o f the content p r os ided bs content o f an educational nature are- constitutes them ( i ) (ii) to meet o f high quality : and and needs the lan/.anian o f mainland suitable requirements soci ety: (c) may distinguish between different categories o f content o f an educational nature and impose differential obligations on content s e n ice licensees in relation lo such categories. 67 No. 3 Electronic and Postal C 'ommunications 2010 Content designed lor \ isually- impaired and hearing- impaired persons - 111 Verify source ↗
C ontent desig ned for visually-im paired and hearing-im paired persons
The Minister may make regulations about accessible content for people with sight or hearing impairments, and the Authority must consider several factors when making rules under this section.
111.—(1) The regulations m a d e by the Minister relating to the prov ision o f content designed to cater for the needs and interests o f persons with sight or hearing i mpair ment s ma y deter mi ne the follow ing- (a) (b) (e) to which content service licensees, or the extent certain specified classes o f content service licensees, shall promote the understanding and en j oy me nt o f content provided by such content ser\ ice licensees by person s- (i) w ho arc d e a f or hard o f hearing: (ii) who are blind or partially sighted: and (iii) with a dual sensory impairment: the me a ns by which e njoyme nt should be promoted: and different classes o f content to which such regulations or rules shall apply. underst andi ng such and (2) The content by persons o f the nature described in paragraph (a) o f sub-section (1) shall include, but not be limited to t lic- 0 0 (b) a cc om pa ni me nt o f e o n l c n t by subtitling: a c co m pa n im en t o f content by audio-description for the blind: or (c) translation o f content into sign language. In ma ki ng rules under this section, the Authority shall (3) have regard to the follow ing - (a) the extent o f the benefit which is conferred by the relevant form o f assistance for disabled people: the size o f the intended a udience or recipients o f the contcnt concerned: the n u mb e r o f persons who would be likely to benefit from the relevant form o f assistance, and the extent o f the likely benefit to them: the technical difficulty o f providing the relevant form o f assistance: and the cost o f prov iding the relevant form o f assistance. (b) (c) (d) (e) Content o f a political nature - 112 Verify source ↗
C o n te n t o f a political nature
The Minister may make regulations about political content, but not political advertising, and those regulations cannot prohibit content service licensees from providing political content.
112.—(1) Any regulation ma d e by the Minister in relation lo the prov ision ol content o f a political nature, other than political advertising, may- 68 No. 3 Electronic and Postal C 'ommunications 2010 (a) (b) not prohibit content service licensees from providing content o f a political nature: regulate the provisions o f content o f a political nature by Content Scrvice Licensees in a m a n n e r which is consistent with the f undamental objectives, directives, principles , basic rights and duties set out in Parts II and III o f the Constitution o f the United Republic. (2) The regulation under sub-section (1) m a y differentiate between different classes o f Content Services Licensees and may establish and differential standards in respect o f the provision o f content o f a political nature by such classes o f Cont ent Service Licensees. Counter- versions - 113 Verify source ↗
C ounter-versions
A content service licensee must broadcast a qualifying counter-version from an affected person, unless specific conditions make transmission improper or the section does not apply.
113.—(1) A Content Service Licensee shall broadcast a counter-version presented by any person affected by an assertion o f fact in any p r o g r am me transmitted by that licensee, if the person c on c e rn cd claims that the assertion o f fact is in fact false. (2) No twi t hs tanding the provision o f sub-section (1). a content servicc licensee shall not transmit a count er version wher e - (a) (c) (3) (a) (b) (c) (d) (e) the person or organization concer ned has no direct interest in the transmission o f the counter-version: or the counter-version is not o f reasonable length, and in particular, if it is substantially longer than the part o f the broadcast which dealt with the false assertion o f fact: flic counter-version referred to in subsection (1) shaII- be limited to a factual account: not contain any material whi ch m a y reasonably be anticipated to expose the content service licensee to legal action if such material wer e to be broadcasted; be ma d e in writing; specify the p r og ra mme and the assertions to which objection is raised: and be signed by the person affected or, in the case o f an organization, by the C h i e f Executive Officer. (4) N o person or body o f persons affected shall be entitled to insist on the transmission o f a counter-version as c ont empl ated in 69 No. 3 Electronic and Postal C 'ommunications 2010 sub-section ( I ) where the counter-version is presented to the content service licensee alter the expirs ol’ a period o l’ thirty days from the dale o f broadcast o f the false assertion ol fact. (5) The Content Service Licensee shall, subject to the provisi ons o f sub-sections (2) and (4)- (a) , (b) (c) to referred receipt o f a eounler-VcrsiOn at the first opportunity, bill nol later than ten days from in subsection (I), broadcast the counter-version within the sa me p r og ra mme or p r o gr a m m e section as the one in which the false assertion wa s ma d e and at the sa me time o f da) or. not be possible, at time equal in value to that o f the p r og ra mme objected lo: broadcast the counter-version without any omissions and interruptions: and broadcast the counler-vcrsion free o f charge. (6) A Content Service Licensee shall immediate!) upon receipt o f the counter version referred to in sub-section ( I ) inform the Authority o f that fact, and shall keep and store the p ro g ra mme objected lo and the counter-version until the content ser\ icc- licensee receives a notice to the c o n t r a n from the Authorit) . (7) This section shall not appl) to a broadcast o f a public me et in g or o f the National A s se mb l ) . PAR I V L m o k u mi n i Power to take enforcement measures - 114 Verify source ↗
P o w er to take e n fo rc e m ent m easures
The Authority may take enforcement measures against a person who contravenes licence conditions, regulations, or provisions of the Act.
114. The Authorit) may lake e nf or ce men t me as ur es against any person w ho contravenes licence conditions, regulations and pr ovisions o f this Act. Powers to inspect - 115 Verify source ↗
( I ) The Authorit) ma \ appoint a n\ person to carts
The Authority may appoint a person to carry out inspections, and inspectors or authorized officers may inspect certain communications and postal facilities and related licences and equipment.
115.—( I ) The Authorit) ma \ appoint a n\ person to carts out inspection for the purposes o f this Act. (2) An inspector or authorized ofl i cer o f the Authorit) ma\ carty out an inspection o f an electronic c o mm un i c at io n s e n ice station, postal s e n ices station or office and either licence issued u nd e r this Act. plant, apparatus or premises used by licensees to provi de the licensed s e n ices. 70 No. 3 Electronic and Postal ( 'ommunications 2010 ! ailure lo observe licence requireitienis P AR T VI O l I I NCI S AND Pl.NAI I II S (a/ Offences relating to electronic co/nnUinications - 116 Verify source ↗
(1) Any person who installs, operates, constructs,
Section 116 makes it an offence to do certain network and communications activities without the required licence, and sets fines or imprisonment on conviction.
116.—(1) Any person who installs, operates, constructs, facilities without maintains, o wn s or makes available network obt aini ng any relevant individual licence, c o m m i t s an offence and shall be liable upon conviction to a line o f not less than live million Ta nz a nia n shillings or imprisonment for a term not less than twelve months or to both. (2) Ans person who provides network services without obt aini ng anv relevant individual licence, c o m m i t s an offence and shall be liable upon conviction to a line o f not less than six million Tanzani an shillings or i mprisonment for a term not less than twelve m ont hs or to both. (3) Any person w h o - (a) (b) (c) content services without h avi ng individual provides application services without having first obtained anv relevant individual licence: first provides obtained any relevant licence, or anv relevant class licence c o mm i t s an offence and shall be liable upon conv iction to a line o f not less than live million Tanzani an shillings or impr isonment or to both: for a term not less than twelve mo n t hs electronic sells distributes. imports. or: commu ni c at io n establishes, operates an installs, maintains and electronic c ommuni ca ti on system or imports non commu ni c ati o n type e q uipme nt or apparatus into the United Republic w ithoul a licence. or ) apparatus e qui pme nt electronic a pproved or c o m mi t s an offence and shall be liable upon conviction to a line o f not less than live million Tanzani an shillings or impr isonment for a term not less than t wel ve months or to both. I ailure lo observ e assignm ent retjuirenienis - 117 Verify source ↗
Failure to o bserve a ssig nm ent requirem ents
Using radio spectrum, numbers, or electronic addresses without the required assignment is an offence and can lead to fines, jail, or both.
117.—(1) Anv person who uses radio frequency spectrum without obtaining anv relevant individual assignment , c o mm i t s an off ence and shall be liable upon conviction to a line o f not less than l a nz a ni an shillings or t wo billion live hundred thousand million No. 3 Electronic and Postal ( 'ommunications 2010 i mpr is onme nt for a term not less than twel ve m on t hs or to both and incase o f cont inui ng offence, to a line o f not less than seventy live million Tanzani an shillings for evcrydav duri ng which the offence conti nues after conviction. (2) Notw ithstanding the provision o f sub-sections (1) and (3) anv person who willfully cont ravenes or fails to c omp ly w ith the conditions imposed on his licence granted under this Act in relation to the use o f radio communicat ion channel or frequency, shall have his licence cancelled. (3) Any person who uses one or m or e n um b e r s or electronic addresses without having first obtained any relevant individual assignment, or any relevant class assignment, c omm it s an offence and shall be liable upon conviction to a fine o f not less than five million Tanzanian shillings or impr is on me nt for a term not less than twelve mont hs or to both, and shall be liable to a fine o f seven hundred and fifty Tanzanian shillings for every day during which the offence is continued after conv iction. Penally for transmission o f obscene com m unicati on - 118 Verify source ↗
Any person vvho
Any person who knowingly sends or helps send indecent, false, menacing, offensive, or obscene communications using network or application services, or who allows such services to be used for that conduct, commits an offence.
118. Any person vvho- (a) facilities, is obscene, network by me ans o f any network applications services or content services, services, k nowingl y makes, creates, or solicits or initiates the transmission o f any c om me n t, request, suggestion or other c o mmu n i ca ti on which indecent, false, me na ci ng or offensive in charact er with intent to annoy, abuse, threaten or harass a not he r person: initiates a commu n ic at io n using any applications services, whe t he r or otherwise, during whi ch c o m mu n i c a t i o n ma y or may not ensue, with or without di scl osing his identity and with intent to annoy, abuse, t hreatens or harass any person at any n umb er or electronic address: by means o f any network services or applications service provides any obs ce ne c o mmu n i ca ti on to any person; or permits any network services or application services under the pe rs o n ' s control to be used for an activity described in section I 17 (3). continuously, repeatedly (b) (c) (d) c o mm i t s an offence and shall, on conviction, be liable to a fine not less than five million Tanzanian shillings or to impr is onment for a te rm not less than twelve months, or to both and shall also be liable 72 No. 3 Electronic and Postal Com munications 2010 to line o f seven hundred and lifts t housand Tanzani an shillings for every day during svhich the offence is continued after conviction. Penults for failure to obtain radio frequency spectrum licence Penults for interception o f com m u n i cations radio - 119 Verify source ↗
Any person who uses
A person must not use frequency spectrum unless they have first obtained the relevant class license.
119. Any person who uses frequency spectrum ssithout bas ing fust obtained any relevant class license c o mm i t s an offence and shall be liable upon conviction to a line o f live million Ta nz an ia n shillings or impri sonment for a term not less than tsselse in case o f a mo nt hs or c ont inui ng offence to a line o f not lisc hundred t housand Tanzanian shillings. less than one million i mprisonment and line and to both - 120 Verify source ↗
Any person ssho. ss ithout lasvful authority u nder this
A person without lawful authority must not intercept, disclose, or use communications, or try to do so, when the communications or information were obtained unlawfully.
120. Any person ssho. ss ithout lasvful authority u nder this Act or any other svrittcn lass - (a) (b) (c) to intercept, or procures ans intercepts, attempts other person to intercept or attempt to intercept ans communi cat ions: or discloses, or attempts lo disclose to any other person the contents o f any co mmu ni c at io ns , knossingly or having reason to believe that the information ssas obtained ans the c ommuni c at ions in contravention o f this section: or ans uses, or attempts c ommuni cati ons, knossingly h avi ng reason to believe that the interception o f any c omm un i ca t io n s in contras ention o f this section. the contents o f the information interception obtained through through to use ssas o f c o m m i t s an offence and shall, on conviction, be liable to a line o f not less than five million Tanzanian shillings or to imprisonment for a term not less than tsvclvc months, or to both. Authorized person discloses interception to others - 121 Verify source ↗
(1) Any person ssho is authorized under this Act
It is an offence for an authorized person to intentionally disclose or try to disclose intercepted communications in connection with a criminal investigation, and providers’ staff may only intercept, disclose, or use communications in limited work-related situations.
121.—(1) Any person ssho is authorized under this Act intentionally discloses, or attempts to disclose, to ans ot her person the contents authorized by this Act- o f ans c ommunicat ions, intercepted by means (a) (b) to believe k no wi ng or having the reason information ssas obtained through the interception o f such c ommunicat ions in connect ion ssith a criminal investigation: having obtained or connection ssith a criminal investigation: or information received that the in 73 No. 3 Electronic and Postal ( 'ommunications 2010 (c) improper!} obstructs, impedes, or interferes with a duly authorized criminal investigation, c om mi t s an offence and shall, on conviction, be liable to a line o f not less than five million Tanzanian shillings or to imprisonment for a term not less than twelve months, or to both. (2) It shall be lawful u nder this Act for an officer, e m pl oy e e or agent o f any network facilities provider, network serv ice provider, application serv ice provider or content service pro\ ider wh o se facilities or serv ices are used in commu n i ca ti on s , to in the normal intercept, disclose, or use those c omm u n i c a t io n s cour se o f his e mp l oy m e n t while e ngaged in anv activity which is a necessary incident to the pe rformance o f his facilities or serv ices ot to the protection o f the rights or property o f the provider o f the facilities or services, but the prov ider shall not utilize the facilities or serv ices for observ ing or random moni tor ing unless it is for mechanical or serv ice qualitv control or checks. - 122 Verify source ↗
Anv person w ho
Any person who dishonestly transmits or obtains certain network communications or services to avoid payment, or who possesses, obtains, or creates a fraudulent system for using network services, commits an offence.
122. Anv person w ho- (a) dishonest!) transmits or allows to be transmitted anv c ommuni c at ion or obtains a serv ice prov ided by a licensed network facilities provider, network services provider, applications services provider or content services provider w ith intent to avoid pa yme nt o f anv rate or fee applicable to the provision o! that facilitv or serv ices; or (b) posses, obtains or creates a system des igned fraudulent!) use or obtain anv network network serv ice. to facilities, service, applications service or content c om mi t s an offence and shall, on conv iction, be liable to a line not less than live million Tanzanian shillings or to imprisonment a for a term not less than tw o years, or to both. - 123 Verify source ↗
( I ) Ai n
Interfering with or obstructing the transmission or reception of electronic communications without probable cause is an offence, punishable by a minimum fine, imprisonment, or both.
123.—( I ) Ai n person w h o without probable cause, interferes with or obstructs the transmission or reception o f anv upon electronic conviction shall be liable to a fine o f not less than five million Tanzani an shillings or to imprisonment for a term not less than two ye ar s or to both. c ommuni ca ti ons c o mm it s offence and an 7-1 IVnall_\ for fr 'iiluleni >f i. i. >rk : • ililies, uclv. • rk se r\ -os. ap p l i c a t i o n s s e n ice an d co ntent s c r\ ices Penalty for interference o f transmission o f electronic eomm unica- lions No. 3 Electronic and Postal Communications 2 0 1 0 (2) Wh en a court is convicting a person o f an offence u nder this section may in addition to anv penalty that may impose, o rder forfeiture to the Authority o f any electronic conununi'calioit e q ui pm en t or other material in relation to or in connection, w ith the m e a n s the offence was committed. (3) Not withstanding sub-section lot: forfeiture shall be made by the Court where il is proved that the electronic co mmu ni ca ti on e quipment in question is not o wn ed by ihe person so convicted. (2). no order l 'nauthoriscd access or use ol computer siein Saie. transfer. 01 disposal o f SIM cards w ilhoul authorit) ol' Net work Ser\ ice I .icoHscc 1 allure to tii\e satisfactors account o f mobile telephone or SIM card - 124 Verify source ↗
(1) There is herein established a National C o mp u t e r
This section sets up a National Computer Emergency Response Team to coordinate responses to cybersecurity incidents, and it lets the Minister make regulations about its composition and duties.
124.—(1) There is herein established a National C o mp u t e r shall coordinate Lmer gencs Response Team level, and response cooper at e with regional and'international entities involved with the ma na g eme n t o f cyber securitv incidents. lo cy b e r seenrit\ ( CLRT) . which the national incidents at (2) The Minister mas make regulations with respect lo the composit ion and duties o f Cl R I . (3) Any person who secures unau th or i/ ed access to a c o m p u t e r or loss or intentional 1\ causes or knowinglv causes d a m a g e to the public or anv person, dcstros or delete or alter anv in the c om pu t e r resources or diminish its value or information utility or affect it injuriously In anv means, c o m m i t s an offence and on conviction shall be liable to a line not less than live hundred t housand Tanzani an shillings or to impr is onment for a term o f not e xc ee di ng three months or to both. (h) Offences cunt penalties relating to S l.\l cart! - 125 Verify source ↗
Section 125
A dealer or person who sells or distributes SIM cards without authorization from the appropriate Network Service Licensee commits an offence.
125. Anv dealer or person wh o sells or distributes anv SIM car ds without authorization o f the appropriate Ne two rk Service Licensee shall be guilty o f an offence and be liable on c oi n iction to a line o f seven million Tanzani an shillings or to impr isonment for a term o f t wo sear s or to both. - 126 Verify source ↗
Section 126
A person who possesses a mobile telephone or SIM card suspected to be stolen, and cannot satisfactorily explain the possession, commits an offence.
126. Anv person who is found in possession o f ans mobile t el ephone or SIM - card in regard it) sshich there is reasonable suspicion that il has been stolen and is unable to give a sal is factors account o f such possession, c ommi t s an offence and is liable on conviction to a fine not exceedi ng lise hundred t housand Tanzani an shillings or to i mprisonment for a term not e xc ee ding three months. No. 3 Electronic and Postal Communications 2010 Absence o f reasonable cause for belie\ ing mobile telephone or SI VI card propcrls acquired - 127 Verify source ↗
( I ) Any person ssho
A person commits an offence if they acquire or receive a stolen mobile telephone or SIM card without reasonable cause to believe it belonged to the sender or that the sender was authorised to deal with it.
127.—( I ) Any person ssho in ans m a n n e r acquires or r ecciscs into his possession from ans other person a stolen mobile t el ephone or SIM card ssithout b a s i n g reasonable eause lo believe that at the lime o f such acquisition or receipt that mobi le telephone or SIM card ssas the property o f the person from ssliom he acquires or receives it or that person has been duly authorised by the ossner to deal \s ith it or dispose of. is guilts' o f an offence.. (2) In the absence o f evidence to the contrary sshich raises a r easonable doubt, p r oo f o f such possession is suflicicnt es idence o f the a bs ence o f reasonable doubt. (3) Ans person ssho c o mm it s an offence under this section liable to a line o f seven million Tanzanian shall on conviction be shillings or to impri sonment a term o f tsso s e ar s or to both. Failure lo report loss or iliel'l o f mobile telephone or SIM card - 128 Verify source ↗
Section 128
Failing to report the loss, theft, or destruction of a mobile telephone or SIM card is an offence.
128. Ans' person ssho fails to report destruction o f a mobile telephone or SIM card c om m i ts an offence. the loss, theft or (2) Wh en e ve r a person is charged ssith an offence under sub-section ( I ) and il is proved that such person ssas. at the time, the ossner or authorised possessor o f the mobi le telephone or SIM card alleged to have been lost, stolen or destroyed, p r o o f that the person has failed to produce such mobil e t elephone o r SI M- card within seven days o f a written request by a police or other lass e n f or ce men t officer, shall, the contrary sshich raises reasonable doubt, be sufficient e vi de nc e that the mobi le telephone or SIM card has been lost, stolen or destroyed. the absence o f e vi de nc e to in (3) Any person ssho c o mm it s an offence under this section shall on conviction be liable to a line o f three hundred t housand but live hundred thousand Ta nz ani a n shillings or to not mo re than imp ri so n me nt for a term o f six mont hs or to both. I ampering w ith mobile telephones and SIM card manncr - - 129 Verify source ↗
Any person ssho. intentionally and unlasvfully in any
A person must not intentionally and unlawfully tamper with, modify, alter, reconfigure, interfere with, or reverse engineer a mobile telephone or SIM card.
129. Any person ssho. intentionally and unlasvfully in any (a) (b) tempers, modi lies, alters, reconfigures or interferes ssith mobile t elephone or SIM card or ans part thereof: and engineers, decompi les, d i sassembl es or resersc interferes ss ith mobile telephone or SIM card, or any part thereof. 76 No. 3 Electronic and Postal C 'ommunications 2010 c om mi t s an offence and shall be liable on conviction to a line o f thirty million Tanzanian shillings or to imp ri s o nme n t lor a term not ex c ee di ng ten years or both. Recording sale o f mobile telephone and SIM card
Part
part thereof.
- 130 Verify source ↗
( I ) Any person w h o sells or in ans other ma nn e r
A person who sells or provides a mobile telephone or SIM card without recording the other person's particulars as required commits an offence.
130.—( I ) Any person w h o sells or in ans other ma nn e r pros ides, any mobile telephone or SIM card to ans other person, natural or legal, without recording the particulars o f that person as required by section 102 o f this Act. c o mm i t s an offence and on conviction shall be liable to a fine o f three million Tanzanian shillings or to impri sonment for a term o f ts v e l s e m on ths or to both. (2) Wh e re the offender is a network service licensee or operator it shall be liable to a line o f fifteen million Tanzanian shillings. I se o f unregistered SIM C a r d I alse information or statement ( )bst ruction to perform duties (3) Wher e the offender is an e mp l o y e e o f the Net wor k Service licensee or a legal person, he shall be liable to the same penalty as pros ided under sub-section ( I ). - 131 Verify source ↗
An} person who knossingly uses or causes to be used
A person who knowingly uses or causes the use of an unregistered SIM card commits an offence.
131. An} person who knossingly uses or causes to be used an unregistered SIM card co mmi ts an offence and shall be liable on conviction to a fine not e xceedi ng live hundred thousand Tanzanian shillings or impri sonment lor a term not ex ce ed i ng three months. - 132 Verify source ↗
Ans person ssho furnishes information or makes a
A person who knowingly gives false or misleading information or makes a false statement commits an offence and may be fined three million Tanzanian shillings, imprisoned for 12 months, or both.
132. Ans person ssho furnishes information or makes a information or statement is false, st at ement knossing that such incorrect or mi sleading or not belies ing il lo be true, c o mmi t s an of fence and shall be liable on cons iction to a line of three million Tanzani an shillings or to impri sonment for a term o f tsselse mont hs or to both. - 133 Verify source ↗
Ans- person who obstructs, hinders or interferes ssith
A person who obstructs, hinders, interferes with, or helps interfere with an authorised person carrying out a direction under the Act commits an offence and may be fined up to three million Tanzania shillings, imprisoned for up to 12 months, or both.
133. Ans- person who obstructs, hinders or interferes ssith an authorised person to execute ans direction issued under this Act or assists ssith the execution thereof, c o mm it s an offence and shall be to a fine not e xc ee di ng three million Ta nz ani a n shillings or to i mprisonment for a term o f tsselse months or to both. liable on cons iction < )ffence o f allow ing use o f black listed phone - 134 Verify source ↗
A ny Nclssork sers ice licensee ssho allosss ans black
A network service licensee must not allow blacklisted mobile telephones to operate, and doing so is an offence.
134. A ny Nclssork sers ice licensee ssho allosss ans black listed mobi le tel ephones to operate c o mm i t s an offence and shall be liable to a eons iction to a fine o f sesent s fise million Tanzanian shillings or impr isonment for a term o f lis e s ears or to both. 77 No. 3 Electronic and Postal ( 'ommunications 2 0 1 0 I ampcring u it!) blacklisted phones No prosecution il acts in course o f emp!o\ mem or in good faith Prohibitions in respect o f radio co m m unica tion and electronic c om m un ica tion equipment tempers - 135 Verify source ↗
A m person who physically electronical!)
A person who uses a blacklisted mobile telephone commits an offence and may face a fine, imprisonment, or both.
135. A m person who physically electronical!) with an \ blacklisted mobile telephone c o mm i t s an offence and shall be live hundred t housand Tanzanian shillings or i mpr is onme nt for a term o f l i \ e ) ears or to both. liable on conviction to a line o f one million - 136 Verify source ↗
Section 136
A person is exempt from prosecution for a contravention if acting in the course of employment or in good faith assisting an authorised person while believing that person is acting under the Act; otherwise, failing to comply with subsection (1) is an offence.
136. No person shall be for a c ontravention o f this Act if he acts in the course o f his e ni plovment or in good faith assists an authorised person and believes that such authorised person is acting in accordance w ith this Act. to prosecution liable or possess for sale an) electronic broadcasting co mmu n i ca ti on equipment: '—apparatus: or possess ail) radio c o mmu ni ca t io n equipment, (b) except in a ccor dance with a licence issued under this Act. (2) Ans person who contravenes or fails to comp! ) with sub-section ( ! ) c o mm i t s an offence. <c ) ()Jfences relating to postal communications Penally for operating u iihoui postal licence - 138 Verify source ↗
Penalty for operating w ithout postal licence
A person commits an offence if they handle letters or postal articles without complying with a valid postal licence, or send prohibited, injurious, or indecent items by post.
138. A n \ person vvlio- (a) conveys, otherwise than in a c cor dance with the terms o f a valid postal licence, and letter or postal article: (b) (e) lo a m incidental c o m e ) ing. service in a cc or da nce with the terms o f a performs otherwise than valid postal licence, ail) I d le r or postal article: sends, otherwise than valid postal licence, anv aforesaid :and in or de r in accor dance with the terms o f a letter or postal article as tenders or delivers to be sent (d) makes a collection o f letters or postal articles as aforesaid for the purpose o f sending them otherwise than in accordance with the terms o f a valid postal licence. c o mm it s an offence and shall, be liable on c o m iction'in case o f a thousand tirst offence to a less than, live hundred line o f not 7X Electronic ciiilI Postal ( 'ommunications 2010 l a n / a n i a n shillings and in iho ease o l ' a subsequent olTcnee. to a line o f not e xceedi ng lour hundred and lilt) million Tanzanian shillings for e v e n day during which the offence continues. 13‘>. Any person who sends by post a m postal article or an\ thing which is injurious, indecent or prohibited under this Act. c om mi t s an offence and shall, on c o m iction. be liable to a line not less than live million I an/.anian shillings or to impr isonment for a term not less than twelve month or to both. - 140 Verify source ↗
Penalty for d a m a g in g or destroying letter boxes
A person must not put fire, explosives, harmful substances, or other damaging things in or against a specified letter box, or do anything likely to destroy or damage it.
140. Any person wh o places in or against any letter box provided public postal by the licensee for the reception o f postal articles anv lire, match or light, or anv explosive, dangerous, lillhy. noxious, or deleterious substance or any fluid, or c om mi t s a nui sance in or against anv such letter box. or does anyt hi ng likely to destroy or d a m a g e any such letter box or its a ppur tenances or contents, c o mm it s an offence and shall, on c o m iction. be liable to a line o f not to i mpr i sonme nt for a term not less than twelv e m on th s or to both. five million Tanzani an shillings or than less - 141 Verify source ↗
Penalty for affixing without authority any th in g to. or disfiguring a post
A person must not, without authority, put placards or other items on a post office or otherwise damage its appearance.
141. Any person who. without due authorit) affixes anv placard, for advertisement, notice, list, d oc ume nt s, hoard or other thing in or on. or paints, tars, or in anv wav spoils the appearance ol. anv post office, c om m i ts an offence and shall, on c o m iction he liable lo a line o f not less than liv e million Tanzanian shillings. - 142 Verify source ↗
Penalty for unlaw fully detaining mails or o p en in g mail bags
A person must not detain mail or postal articles in transit or open a mail bag in transit unless authorized or directed by the Minister, the authority, or a competent court.
142. Anv person who. except under the authorit) o f this \ c t or in obedi ence to the order in writing o f the Minister or the \ u lh o ri t) or llie directions o f a competent court, detains the mails ■r anv postal article in the course o f transmission b) post or on anv pretence opens a mail bag in course o f transmission bv post c o m m i t s o f an offence and shall, on c o m iction. be liable to a line o f not less than liv e million Tanzani an shilliims. - 143 Verify source ↗
Penalty for willfully retaining postal articles or mail bags
A person who mishandles a postal article or mail bag in transmission, or refuses to hand it over when required by an authorised officer, commits an offence.
143. An) person w h o fraudulently retains or unlaw full) ' ce re le s or ma ke s a wa y with or keeps or detains or when required by an authorised officer neglects or refuses to deliv er up. anv postal article in the course o f transmission by post which ought to have 79 No. 3 Electronic and Postal Communications 2010 been delivered lo any other person, or a mail bag cont ai ni ng a postal article, c o mm i t s an offence and shall, on conviction, be liable to a shillings or i mpr is onme nt for a term o f not less than t wo years or to both . live million Ta nz a nia n line o f 1101 less Penall} for unlaw fully diverting letters Penally for unlaw fully disclosing contents o f postal article Penalty for m aking fictitious stamps - 144 Verify source ↗
Penalty for unlawfully div erting letters
A person who willfully and maliciously, intending to injure another person, opens or interferes with delivery of a letter commits an offence and may be fined or imprisoned.
144. Any person who, willfully and maliciously with intent to injure an y ot her person, either opens or causes to be ope ne d any letter whi ch o ught to have been delivered, or does any act whereby the due delivery o f a letter to any person is prevented or impeded, c o m mi t s an offence and shall, on conviction, be liable to a line not less than live million Tanzanian shillings or imprisonment for a term o f not less than six mont hs or lo both. - 145 Verify source ↗
Penalty for unlaw fully disclosing contents o f postal article
A person must not reveal or disclose the contents of a postal article opened under this Act, unless it is necessary to return it or the Authority authorises disclosure in writing.
145. A n y person who reveals, discloses or in any way m a ke s k n own the contents o f any postal article opened under the authority o f this Act. except so far as m a y be necessary for the purpose o f returning the sa me or so far as may be authorised b\ the Aut hori ty in writing, c o mm i t s an offence and shall, on conviction, be liable to a line not less than live million Tanzani an shillings or imp ri so n me nt for a term o f not less than twelve mo nt hs or to both. - 146 Verify source ↗
Penalty for m a k in g fictitious stamps
Making, using, possessing, or distributing fictitious stamps and related imitation postal items is an offence, punishable on conviction by a minimum fine or imprisonment, and the items may be seized and forfeited.
146.—(1) Any person w ho- (a) ma ke s or k nowi ngl y alters, deals in. hawks, distributes, or sells any fictitious s tamp or knowi ngly uses for postal purposes any fictitious stamp: has fictitious stamp; in his possession without lawful excuse any (b) (c) makes or without in his possession, any dye plate, i nstrument or materials for ma ki ng any fictitious stamp: or excuse, lawful has (d) makes issues or sends by post any s tamped or e mb o s se d envelope, wrapper, card, form or paper in imitation o f one issued under the authority o f the licensee. c o m m i t s an offence and shall, on conviction, be liable to a fine o f not less five million Tanzanian shillings or to i mpr is onme nt for a term not less than two years or to both. (2) An y stamp, plate, instrument or materials found in the possession o f any person in contravention o f this Act shall be seized and forfeited. 80 No. 3 Electronic am i Postal ( 'omnnmications 2010 (3) forf eit ur e under this section ma y be declared by a Magistrate's C ourt, and all things forfeited shall be dealt with as the court m a y direct. (■}) No t hi ng in this section shall be held to e xe mpt any person from any puni shment to which he m ay be liable under a m other law. Prohibit ion o f false notices as to reception o f letters Offences b\ officer, employee or agent o f a public postal ! iconic - 147 Verify source ↗
Prohibition o f false notices as to reception o f letters
A person must not, without the Authority, place or keep false post-office or letter-box notices on property under their control.
147. Any person who. without the Authority, places or maintains in or on any house, wall. door, wi ndow, box. pillar, or other place, be l ongi ng to him or under his control, any o f the following words, letters, or marks- authority from (a) (b) (c) the words "post office" or "postal office": the words "letter box", a cc o mp a ni ed with words, "letters", or "ma rk s" , which signify or imply or may reasonably lead the public to believe that it is a post office letter box: any words, letters, or mar ks which signify or imply or may reasonably lead the public to believe that any house or place is a post office, or that any box is a post office letter box, c o m m i t s an offence and shall, on conviction, in case o f the first o ffence be liable It) a fine not less than live million Tanzanian shillings and. on a subsequent c o m iction. to a line o f not exceeding t hree hundred for ev ery day during w hich the offence so continues. - 148 Verify source ↗
O ffences by officer, e m p lo ye e or agent o f a public postal licensee
Public postal licensee officers, employees, and agents must not misuse, open, delay, steal, alter, or fraudulently handle postal items or related documents, and conviction can lead to a fine, prison, or both.
148. Any officer, e m p lo y ee or agent o f a public postal licensee w h o destroys or throws a w a y any postal articles in the cour se ol transmission by post or anything contained thcrein- (a) (b) (c ) in the any postal steals or otherwise dishonestly mi sappropriates or secretes course or article transmission by post or any thing contained therein: except in obedience to an order under the hand o f the Minister or the direction o f a court, willfully opens or causes to be opened contrary to his duty any mail bag or postal article in the course o f transmission by post or willfully detains or delay s or causes to be detained or delay ed the mail bag or postal articles: issues or causes to be issued a d o c um e nt specified for use in connection with the remittance o f money with fraudulent intent: 81 No. 3 Electronic and Postal C 'ommunications 2010 (d) (e) ( 0 (g) (It) (i) fraudulently puts any w ro ng official mar k or a postal article; fraudulently alters, r emoves or causes to disappear any official mark on a postal article: bei ng entrusted with the delivery o f any postal article, knowingl y d e m a n d s or receives any sum o f mon ey which is not char geabl e under this Act: sends by post, or puts into a m mail bag a m postal article upon which postage has not been paid or charged the public thereby postal licensee o f the postage on the postal article: being entrusted with the preparation or c ust ody o f any do c ume nt relating to the public postal licensee, fraudulently prepares the d o c um e n t incorrectly, or alters, or secretes or destroys the d o c ume nt: or being e mploye d to carry or deliver any mail bag or postal article in the course o f t ransmission by post doe s any act with intent to induce the bel ief that he has visited a place, or delivered a postal article or mail bag. which he has not visited or delivered, to defraud intending c o m m i t s an offence and shall be liable on conviction to a line not less than live million Tanzani an shillings or to impr isonment for a term not less than three years or to both. Obstruction ol'public postal licensee - 149 Verify source ↗
O b struction o f public postal licensee
A person must not obstruct a public postal licensee’s business or assault or incite obstruction of its officers or employees while on the relevant premises.
149. A n y person \\ ho - (a) while on any premises used for the purposes o f the intentionally licensee business o f a public postal obstructs the course o f business o f the licensee, (b) • concerned: or assaults or incites any intentionally obstructs or person to obstruct or i mpedes an officer or e mp lo ye e o f a public postal licensee in the p er fo rma n c e o f his duties. c o m m i t s an offence and on conviction shall be liable to a fine o f live million Tanzanian shillings or to i mprisonment for a term o f not less than twelve mo n t hs o r to both. Protection o f installation or plant used h> public postal licensee - 150 Verify source ↗
Protection o f installation or plant used by public postal licensee
A person must get written approval from a public postal licensee before doing certain works or placing items that could damage or interfere with postal installations or plant.
150.—< I ) No person shall, without the written approval o f a public postal licensee - (a) lay or c a ny a m mains, pipes, conduits, circuits or wires in, along, through, across, o v e r or under any 82 No. 3 Electronic anti Postal C 'ommunications 2010 street or place in a m a n n e r which is likely to interfere with or cause d a ma g e to anv installation or plant used lor postal services: perform any wor k o f laying, installing, construction or maintaining any eq ui pme nt for postal services: or affix any placard, advertisement, notice or other thing in or on. paint, tar or in any wa y disfigure any installation or plant used for postal services. (b) (c) (2) A n y approval under sub-section (1) m a \ be granted or withheld by the licensee concerned or ma y be granted upon such t erms and conditions as the licensee concer ned thinks lit to impose. (3) An v dispute relating to the w ithholding o f any approval u n d e r sub-section (!). or the terms and conditions attached lo the gr anti ng or such approval, shall be referred lo the Aut hor it) - whose decision shall be final. (4) Wher e an offence under sub-section ( I ) is due to the act o r default o f so me other person, that other person shall be guilty o f the offence and m ay be charged and convicted o f the offence by virtue o f this subsection whether or not pr oceedings are taken against the first-mentioned person. (5) In any pr oceedings for an offence under sub-section (1). it shall be a defence for the person charged lo prove that he took all reasonable steps and exercised all due diligence to avoid c o mm i t t i n g the offence. (6) Where the defence pr ovided by sub-section (5) i nvolves an allegation that the author o f the off ence was due lo the act or default o f another person, the person charged shall not w ithout leave o f the court, be entitled to roly on that defence unless, within a period e ndi ng seven clear days before the hearing, he has serv ed on the prosecutor a notice in w riting giv ing such information identifying or assisting in the identification o f that ot her person as was then in his possession. (7) Anv- person who cont ravenes or fails to c o m p l y with the prov ision o f sub-section (1) c o mm i t s an off ence and shall, in addition to the forfeiture o f anv e quipme nt seized, be li abl e,on 83 No. 3 Electronic and Postal ( 'omnninicalions 2010 c o m iction to a line not less live million Tanzani an shillings and. in the case o f a continuing offence, a line not less than f l \c million the offence Tanzani an shillings cont inues after conviction. for every day during which (d) Additional offences and penalties D am aging postal or electronic com m u n i cation installation or plain General Offences - 151 Verify source ↗
D a m a g in g postal or electronic c om m unication installation or plant
It is an offence to willfully damage postal or electronic communication installations, plants, or certain communication cables, with fines and imprisonment for not less than the stated minimums.
151.—(1) Any person who willfully removes, destroys or d am a g e s any installation or plant used for postal or Klectronic c omm un ic a ti o n serv ices co mmi ts an offence and shall be liable on less than one million shillings, or to conviction impr is onment for a term not less than three years or to both. line not to a (2) Not wi thst andi ng sub-section ( I) , any person who d am a g e s or suffers to be da ma ge d any cable o f a commu ni ca ti on sv stem b el ongi ng to or under the m a n a ge m en t or control o f a public postal licensee c omm i ts an offence and shall be liable on c o m iction to a fine not less than one million shillings, or to i mpr i sonme nt for a term not less than three years or to both. (3) Wh e re an offence under sub-section (2) is c ommi tt ed by any person acting as the agent or e mp l o y e e o f a nothe r person, or being otherw ise subject to the supervision or instructions o f another person for the purposes o f any e m p l o y me n t in the course o f which the offence was commit ted, that other person shall without prejudice to the liability o f the first-mentioned person, be liable under that subsection in the sa me ma n n e r and to the s am e extent as if he had personally commit t ed the offence unless he proves to the satisfaction o f the court that the offence wa s commi tted w ithout his consent or connivance or that it was not attributable to anv neglect on his part. (4) In anv proceedings for an offence under the provision sub-section (2). il shall be a defence for the person charged to prove that he took all reasonable precautions and exercised all due diligence to avoid the Authority o f the offence. to the - 152 Verify source ↗
G eneral offences
This section makes several kinds of non-compliance an offence and sets minimum fines and possible imprisonment.
152.—(1) Subject specific penalties forth els ewhe re in this Act. any person who cont ravenes or fails to complv w ith a prov ision o f ihis Act c o mm it s an offence and is liable on conv iction, for each such breach, to a line not less than live million Tanzani an shillings or to impr isonment term not less than t welve mont hs or to both. set No. 3 Electronic and Postal Communications 2010 (2) Subjcct to any specific penalties sel forth therein, any person w h o contravenes or fails to c om p ly with a provision o f a regulations, rules, guidelines, declarations, det ermi nati ons or other decision issued pursuant to this Act. including, w ithout limitation, in respect o f interconnection, access and co-location rights and obligations, c o mmi t s an offence and is liable on conviction, for each breach, to a live million Tanzania shillings or to impr isonment for a term not less than six mon ths or to both. line o f not less than (3) Any person who without lawful excuse contravenes or fails to c o m p l y w ith any term or condition expressed in a licence he holds, c o mm it s an offence and is liable on conviction, for each such breach, to a line not less than five hundred t housand shillings. to to (b) the return furnish a refuses in the ma nne r and within ( I) A n \ person who- supply fails or (a) information time prescribed by the Authorit) or furnishes a false or incomplete return or supplies false or incomplete information; on being required to do so. fails or refuses to produce to an inspector or a duly authorized officer o f the Authority a license, book, record or any do cu me nt relating to any electronic c o m m un i c a t i o n s e n ice. equi pment or apparatus or relating to postal s e n ice which is in his possession or under his control: or obstructs, in any manner, an inspector or officer o f the Authority to perform any duties authorized lo be performed under the provisions o f this Act. (c) c o mm i t s an offence and is liable on conviction, for each such breach, to a line o f not less than live million Tanzanian shillings or to impri sonment for a term o f not less than twelve mo n t hs or to both. 1 >! fences h\ btKl\ >.orponitc - 153 Verify source ↗
O ffen ces by body corporate
If a company commits an offence under the Act, certain officers of the company may also be treated as having committed it unless they prove lack of consent or connivance and due diligence.
153. Where an offence under this Act has been c ommi tte d bv a body corporate, any person wh o at the time o f the c ommi s si on o f the offence was a director, ma na ge r or other principal officer o f the body corporate or was purporting to act in such capacity shall, as well as such body corporate, be de eme d to have c o mmi tt ed that offence unless he proves that the offence was c ommi tt ed without 85 No. 3 Electronic and Postal Communications 2010 Penally lor abetting. or attempting lo commit offences Power ol' the Authorii} to compom ul certain olTences his consent or connivance and lhal he exercised all due diligence lo to have the c omm i ss i on o f the offence as he ought prevent exercised, havi ng regard to the nature o f his functions in that capacity and to all the circumstances. - 154 Verify source ↗
Penalty for abetting, or attem pting to com m it offences
A person who helps commit, or tries to commit, an offence under the Act can be convicted and face the penalty set for that offence.
154. Any person who abets the c o mm i s s i o n ol any offence punishable under this Act. or attempts to c o m m i t any of fe nc e so punishable, shall, on conviction, be liable to the penalty provided for that offence. - 155 Verify source ↗
(1) W here a person c o mm i t s an offence under this
The Director General may compound certain offences before court proceedings start, but not theft, fraud, forgery, or similar offences, and the person may have to pay an amount set by the Director General.
155.—(1) W here a person c o mm i t s an offence under this the the Director General may. at any time prior to Act, c o m m e n c e m e n t o f court proceedings - (a) (b) c o m p o u n d the offence other thaiS offences related to theft fraud, forgery and other similar offences : and order the person to pay a sum o f mo n ey specified by the Director General but not e xc ee di ng the a mo u nt o f the line prescribed for the offence. (2) The Director Gener al may c o m p o u n d <ln offence under this section if the person concerned admi ts in writing that the person has c om m i tt e d the offeilcc. (3) Where the Director General c o m p o u n d s an offence u nd e r this section, in accor dance w ith the or de r referred to in sub section (1) — , ’ . .» ' (a) shall be in writing, specifying the off ence c ommi tted, the sum o f mo n ey to be paid and the date for payment and have attached the written admission referred to in sub-section (2): (b) shall be final and no subject to any appeal: and (c) may be enforced in the s am e m a n n e r as an or de r o f the lligh Court for the pa yme nt o f the a m o un t stated in the Order. (4) Wh e re the Director General c o m p o u n d s an offence for a . ■ under this section, the person concerned shall not be penally m respect w ith that offence. liable 86 No. 3 Electronic and Postal Com munications 2010 Recovery o f fee o r ro\ ally from person <>u iiii> mone> lo the licensee - 156 Verify source ↗
(1) Wher e this section applies, the Director General
The Director General may issue a written notice requiring certain people to pay money to the Director General, and the payer must pay on the date stated in the notice.
156.—(1) Wher e this section applies, the Director General may by notice in writing require any person - (a) (b) (c) (d) ow ing or who may s ubsequentl y o we m o n e y to the licensee; holding or who ma y subsequentl y hold m o n e y for or on account o f the licensee; holding or who ma y s ubsequentl y hold mo ne y on account o f a third person for p a y m e n t to the licensee: or having authority from a third person to pay m o n e y lo the licensee. and the payer shall pay. on account o f and to the extent o f the fee due by the licensee, the money to the Director General on the date specified in the notice. (2) Any person who cont ravenes the provision o f s ub section ( I ) c o mmi t s an offence, and shall be liable on s u m ma r y conviction to a fine twice the a mo un t stated on the notice or in default lo impr is onment for a term not less than two years or to both. (3) The Director General shall serve the p ay er with the notice referred to in sub-section (1) and. as soon as practicable after that service, serve the licensee w ith a copy o f the notice, (4) The date specified in the notice u nder sub-section ( I ) shall not be a date before - (a) (b) the mo n ey be co me s payable to the licensee; and the payer is served w ith the notice. (5) A notice under sub-section ( I ) ceases to have effect w he r e the fee or royalty with respect to which the notice is issued is paid or otherwise satisfied. (6) Wher e a person served with a notice is unable to c o m p l y w ith the notice by reason o f lack o f m o n e y s o w i n g to. or held for. the licensee shall, as soon as practicable and in any event before the p ayme nt date specified in the notice, notify the Director General accordingly the reasons for the in writing setting out inability to comply. 87 • No. 3 Electronic and Postal C 'oninmnications 201(1 (7) Wher e a notice is served on the Director General under subsection (6), the Director General may, by notice in w riting - (a) (b) accept the notification and cancel or a m e n d the notice issued under sub-section (1): or reject the notification. (8) A person ma ki ng a pa yme nt pursuant to a notice under subsection (2) is treated as having acted under the authorit} o f the licensee and o f all other persons c oncerned and is hereby i ndemnified in respect o f the payment against or proceedings, civil or extra-judicial, notw ithstanding any provision to the contrary in any w ritten law. a contract or agreement. processes, criminal, judicial and all or (9) For the purpose o f this section, “ money " includes a debt obligation domi nat ed or payable in money . Suii for unpaid foes or royall} - 157 Verify source ↗
Suit for unpaid fees o r royalty
A person who does not pay fees or royalties to the Authority commits an offence and can be liable before a court of competent jurisdiction.
157. A person who fails to pay fees or royalties to the Aut hori ty c o mm i t s an offence and shall be liable in any court o f c om pe t en t jurisdiction. Charges over assets - 158 Verify source ↗
C ha rge s o v e r assets
If a licensee defaults on fees or royalty, the Authority may create a charge over the licensee’s assets and must give written notice; land-related charges must be registered, and releases must be removed from title within 30 days. The Authority’s activities under this section are exempt from stamp duty.
158.—(1) The Authority may cause a char ge lo be created in its favor over the assets o f a licensee w ho has defaulted payment o f fees or roy alty on or before the date the fee or roy alty is due. (2) The Authority shall create a charge referred to in s ub section ( I) by serving a licensee with a notice in writing specifying the licensee, the assets charged, the extent o f the charge as pro\ ided for in sub-section (3), the licensee lo which the charge relates and details regarding the Au t hor it y' s p owe r o f e nf or cement under section 1 16. (3) The assets o f a debtor licensee charged under su b section (2) are charged lo the extent o f the fee or royalty payable, interest accruing w ith respect to that fee or royally and any costs o f char ge and sale. (4) A charge created under sub-section (2) shall not have effect until - (a) wher e interest in land or buildings is charged, the Authority llles an application to register the charge under sub-section (6): and 88 No. 3 Electronic and Postal ( 'ommunications 2010 (b) in any other ease, the notice is served on the debtor licensee under sub-section (2). (5) A charge created under sub-section (2) shall be released when the debtor licensee pays to the Authorit) in lull the in sub-section (3) that are secured by the a m o u nt s referred to charge. (6) Wher e the Authority creates a char ge over an interest in land or buildings under sub-section (2). the Registrar o f Titles or ot herwi se referred to as the Registrar shall, w ithout fee. register the c har ge on the title o f the interesting land or buildings. (7) Wher e a charge over an interest in land or buildings is released under sub-section (5). the Registrar shall, without fee. r em o v e the entry o f the charge from the title o f the interest in land o r buildings within thirty days o f the release. (8) The activities o f the Authorit) under this section, irrespective o f w hether they result in the transfer o f title to an asset, are e xe mpt from s tamp duty (9) The Authority may at any time serve on a debtor licensee a notice in w riting specifying any costs o f char ge and sale with respect assets o f the debtor licensee incurred by the Authorit) to the date o f service and requiring the debt or licensee to pay those costs to the Authorit) by the date specified in the notice. ( 10) I'or the purpose o f this section " costs o f charge and sale" with respect to assets me ans any expendi ture incurred or to be incurred by the Authorit) or an authorized agent- (a) (b) this under section with respect releasing a charge over the assets: or under section I 14 with respect to taking possession of. holding and selling the charged assets. creating or to Sale o f charged assets - 159 Verify source ↗
(1) The Authorit) shall not if)
The Authority may take and sell charged assets after notice, follow waiting periods, and apply the sale proceeds in a set order.
159.—(1) The Authorit) shall not if) the licensee o f the A u t ho r i t y' s intention to sell charged assets o wn ed b\ the licensee. (2) The notice ( I ) may be incorporated into or a c co mp a ny a notice referred to in section 158 and shall be in writing, served on the debtor licensee and s p e c i f ) - issued under sub-section 89 No. 3 Electronic and Postal C 'ommunications 2010 (a) (b) the charged assets, the A u t ho r i t y' s intention to sell those assets and the proposed me th od and liming o f the sale; and in the case o f tangible assets that the Authority intends to take possession of. the m a n n e r in and the place at which the possession shall occur. . ■ (bj time after the notice (3) 1 lie Authority-1 (a) may take possession o f tangible assets referred to in sub-section ( t ) notice, whether directly or through an authorized agent, at any is served: for the purposes o f taking possession, may enter at any time, any premises described in the sub-section ( I ) notice and request the assistance o f the Police: shall, at the time o f taking possession, provide the debt or licensee with an inventory o f assets seized: and where the assets are tangible assets other than an interest in land or buildings, store the assets at the cost o f the debtor licensee, at any place the Authorit} considers appropriate (d) (c) (4) Where the Authority serves a de bt or licensee with a notice under sub-section ( I ). the Authority may. after public notice, sell the charged assets but not before- (a) wher e the charged assets are an interest in land or buildings thirty d a \ s after taking possession under sub-section (3): (b) where the charged assets are perishable tangible assets, one day after taking possession under sub section (3): wher e the charged assets are tangible assets other than those referred to in paragraph (a) or (b) . ten days after taking possession u nder subsection (3): and - in an \ other case, ten days after service o f notice under sub-section (1). ' - (e) (d) (5) The proceeds o f sale under sub-section (4) shall be used to pay the costs' o f charge and sale o f the assets sold, then to 90 No. 3 Electronic and P ostal Communications 2010 pay the fee or royalty due and interests accrued with respect to that fee or royalty and any r emai nder shall he paid to the debtor licensee. (6) After applyi ng sale proceeds in acc o r da nce with s u b section (5) the Authority shall serve the d ebt or licensee with a written notice detailing the ma nn e r in which the sale proceeds have been applied. (7) If the proceeds o f a sale applied in accor dance w ith s ub-section (5) are insufficient to pay in full the costs o f the charge and sale, the fee and royally due and interest accrued with respect to that fee o r royalty, the Authority m a \ proceed to collect the insufficiency with fresh actions charge and sale o f other assets. (8) This section docs not restrict the exercise o f any other a v en u es the Authority has for recovery o f fees and royalties. (9) T h e activities o f the Authority under this section, irrespective o f whether they result in the translei* o f tittle to an asset, are e xe mp t from st amp duty. I’rortf o f outstanding fees or royall) - 160 Verify source ↗
P r o o f o f outstan ding fees or royalty
A certificate signed by the Director General, or someone acting for him, can be used as prima facie evidence of the amount of outstanding fees or royalty payable by a debtor licensee.
160. In proceedi ngs for recovery by the Authority o f the o ut st andi ng fees or royalty, production o f a certificate signed by the Director Genera! o f the Authority o r a person acting o n his behalf in that capacity stating the name and address o f the d eb to r licensee and the a mo u n t o f fees or royalty payable by the debtor licensee is p riin a fa cie e vidence o f the a mo u nt o f fees or royalty payabl e by such licensee. P A R T VII M 1st I :i I.ANI ()t ‘S P w )VISK>NS Access lo public land - 161 Verify source ↗
A ccess to public land
A network facilities or network services licensee must get consent before entering public land for communications works, may be subject to conditions and fees, can seek tribunal review of conditions within 30 days, and must take safety measures; owners or occupiers are entitled to compensation for significant damage.
161.- ( I ) A network facilities licensee or net work services licensee shall, for the purposes o f enabling the provision o f any electronic c ommu n i c a t io n s service to the public- (a) (b) seek the consent o f a local g o v e rn me nt authority or public body stating the nature a nd ektent o f the act to be done upon any public land: enter upon any public land u nder control o f a local g o v e rn me nt authority or other public body in order 91 No. 3 Electronic one/ Postal Communications 2010 (c) lo consiruct. erect. place, maintain, e xamine, alter or remove any line, pole or radio link installation which is. respectively, either the property o f the network facility licensee or is under the control o f the network service licensee: and a local g ov er nm en t authorit) or other public hod) may, upon request under paragraph (a), permit subject to such conditions, including the payment o f s e n ice and properly fees for the use o f the property, time or mo re o f execut i on o f works, or for an) other related activity undertaken by the t elecommuni cat ion operator under the seel ion as mav be agreed between tel ecommuni cat i on operator and the relevant local authorit)'. the (2) A licensee dissatisfied with the terms or conditions i mposed bv a local g over nment authority under paragraph (c). may applv to the land tribunal for the review o f such terms conditions within thirl) davs without unduly interfering with the use and e nj ov me nt o f such public property. (3) Where any significant d a m a ge to land or proper!) is caused, b) reason o f the exercise o f the powers conferred b) this section, the o w n e r or occupier o f the land shall be entitled lo receive compens ati on for il from the network facilities licensee or networ k s e n ices licensee. (1) The licensee shall, in respect o f services operated, mai ntai ned or offered under his take all proper and a dequat e s a i d ) measures to safeguard life or property, including e xpos ur e to anv electrical emission or radiations e ma na ti ng from e qu i pme nt or installation or installation from such operations. licence, \ C L C S S l(> pri\;ilc kind and acquisition o f pii \ iite propcrtx - 162 Verify source ↗
A ccess to private land and acquisition o f private properly
A telecom network licensee may seek consent to enter private land or acquire property interests, and must give notice and seek written comments when doing so.
162.—( I ) Where, for the purposes o f enabli ng the provision o f electronic commu n i ca ti on s serv ice to the public, a network facilities licensee or network services licensee reasonably requires lo enter upon private land, or to effect the acquisition o f private propcrtv or an in private property, and no reasonable alternatives to such entrv or acquisition exist, the network facilities licensee or network serv ices licensee shall be entitled lo seek and interest No. 3 Electronic and Postal ( 'ommunications 2010 obtain consent o f the land or property o w n e r lor the cntrv ont o such land or acquisition o f such property or propcrtv interest. (2) Whe re a network facilities licensee or network serv ices licensee seeks to enter upon private land, or to effect the acquisition o f private property or an interest in private property, a network facilities licensee or network services licensee shall provide notice o f the proposed entry or acquisition to the o w n e r o f I he land or property, and other land or the properly own e rs wh o mav r easonably be expected lo be affected by' the proposed enlrv or acquisition, and seek their written c omme nts . (3) Whe re the land or property o w n e r and the network facilities licensee or network services licensee, as the case mav be. cannot agree, the network facilities licensee or network services licensee m a y apply lo the relevant authority liav ing jurisdiction over such private land or properly- in order to request that the authority or de r the proposed entry or undertake the proposed acquisition under applicable land laws. (-1) Where any significant d a m a g e to land or property is caused, by reason o f the exercise o f the power s conferred bv this section, the o wn e r or occupier o f the land shall be entitled to receive compensati on for il from the network facilities licensee or network serv ices licensee. Power o f scareh and seizure - 163 Verify source ↗
Pow er o f search and seizure
Police officers or Authority-authorized employees may search, inspect, and seize certain communication systems or equipment on reasonable grounds, and seized items may be forfeited if no claim or prosecution follows.
163.—( I ) A police officer or an e mp l o y e e authorized bv the Authority mav. if he has reasonable gr o u nd s lo believe that an electronic co mmun ic a ti on system or serv ice has been established, installed, maintained, operated or provided in contrav ention o f this Act or anv regulations made there under or in breach o f anv licence issued bv the Authority that the electronic c ommuni c a ti on e q ui pm e nt used is o f a type that is not appr oved bv the Authority in the case o f any - 93 N o /3 Electronic and Postal Communications 2 0 1 0 (a) (b) or the any any place e qu ip me nt in whi ch any electronic c o mmu n i ca ti on electronic commu n i ca ti on system or service, other than .any radio c o mmu ni ca t io n system or service, ether and inspect electronic c ommu n ic at io n eq ui pme nt is used or the electronic c ommu n ic at io n syst em o r service is established, installed, maintained, operated or provided, and may seize system or equ ip me nt found therein which appe ar s to be used for or in connection with electronic commu ni ca ti on ; and radio c omm u n i c a t i on system or service, enter any place in the United Republic or stop or hoard any vessel, aircraft or vehicle and inspect any place and m ay seize any system or e qui pme nt found therein which appears to be used for or in connection with radio c o mmu ni ca t io ns . radio c o m m un i ca t io n c o m mu n ic a ti o n (2) Wh er e any police officer or any e m p l o y e e authorised by the Authority has reasonable g r ou n d s for believing that an o f fence has been or is being c om mi t t e d u nder sections 113. 11 1. 115 and 121. he m a y seize electronic c omm un i ca t io n system . eq u i pme nt , radio c o mmu n i ca ti on system or e qu i p me n t used in the c o mm i s s i o n o f the offence. (3) If there is no prosecution with regard to anv e qui pment o r system seized under this section, the e qu ip me nt or syst em shall be taken and de e me d to be forfeited to the Authority unless a claim is ma d e w ithin t wo mo nt hs from the date o f seizure. (4) Any person asserting that he is the o w n e r o f the e qu ip me n t or system m a y personally or by his authorized agent give written notice to the Authority that he cl ai ms the same. (5) On receipt o f the notice, the Authorit} m a \ direct that the e q ui pme nt or system be released or m a \ refer the mat t er to a Resident Ma gi st r a te 's Court or a District Court. e L ■ t . . . . (6) The Resident Magi st rat e’s Court or the District (.'our! the matter and upon max' proceed e x ami na ti on shall order that the eq ui pme nt or system be forfeited or released. the examination o f to 94 E le c tro n ic a n il P ostal ( 'ontnnm ications • 1 —------------- ---- ■ ........... — wp. - . ........ 2010 - 164 Verify source ↗
A dm issibility o f docum ents
Documents, copies, extracts, and statements described in the section are admissible in proceedings for offences under the Act.
164.~( I ) Notw ithslanding any other law to the contrary - (a) (b) (c) any document , or c o p y o f o r extract from any document , relating to-the affairs o f any person that has been seized or obtained by: any statement o f a person relating to the affairs o f any■•person has been seized or obtained by: or any statement o f t\ person relating to the affairs o f the* person is ma d e to. an officer o f the Authority in accordance w ith the provisions of'this Act. is admissible in a n y pro c ee din gs w ith respect to any of fence under this Act. that (2) A document, copy, extract or st at ement is admissible u nd er sub-section (1) irrespective o f w h et h e r any person we induced to provide the document, cops or extract or ma k in g the >iatcmcnt by reason that the person was led to believe - (a) ( b ) that the Director General or a ny officer o f the Authority might, on any terms, settle the institution or prosecution o f proceedings, or that the decision o f the Director General or an\ officer o f the Authorit) as to whe the r lo settle the institution or prosecution o f pr oceedi ngs would be influenced by the fact that the person confessed to being guilts o f an offence and provided lull facilities for investigation. - 165 Verify source ↗
R egulations and Rules
The Minister may make regulations and rules that are not inconsistent with this Act.
165. The Minister may make Regul ati ons a nalogue transition to regulate ..iiliiplex operator and to digital ' soadcasti ng and any other regulations and Rules which arc not r... nsislent with this Act as he considers necessary or desirable to _t'. e effect to the provisions o f this Act. from - 166 Verify source ↗
R eq uirem en t to put in place m ec h an ism s to im p lem ent this Act
A licensee must put in place mechanisms in its organization or through its main agents to keep customer information/registers as required by the Act.
166.—(1) T he licensee shall put in place m ec ha n i sm s v :hin its organization or its main agents for keepi ng information - J register his customer s as required by this Act. (2) A licensee w ho contravenes the pro\ ision o f subsection t c o m m i t s an offence. - 167 Verify source ↗
Registration o f all subscribers after c o m m e n c e m e n t o f the Act
The licensee must register all new subscribers within the stated period after this Act commences.
167. The licensee shall register all new subscribers within .v m o n th s from the date o f c o m m e n c e m e n t o f this Act. No. 3 Electronic and Postal ( 'ommunications 2 0 1 0 P A R I VIII T r a n 'si i i< >n a i . P r o v is io n s Transitional pro\ isions and savings Cap. 306 Cap. 172 - 168 Verify source ↗
Transitional provisions
Existing licences, permits, contracts, and certain old regulations stay in force during the transition, and the Minister or Authority may make Gazette-based modifications where needed.
168.—(1) Not wi thstanding the e nact ment and operation o f this Act in relation lo the relevant sectors, any licence issued under the T anzani a Commu n ic a ti o ns Act. the Broadcasting S e n ices Act and Tanzani a Co mmu ni ca ti on s Regulatory Authority Act. shall r emain in force in accordance with the terms and conditions o f such licence. (2) Regulations or rules m ad e under the repealed Acts shall, to the extent that they are not inconsistent with this Act. remain in force until they are revoked or replaced by regulations or rules ma d e under this Act. (3) T he Minister or as the case may be the Authority, mav. transition to the regulatory w h e r e . i t is necessary for the orderly f ramewor k the Gazette ma ke such modifications lo regulations or rules ma d e under the pr evious Acts as it is reasonably considered appropriate. introduced by this Act. by notice published in (4) This Act shall not operate so as to affect in a prejudicial w ay the rights o f any person under a licence or permit granted prior to the c o m m e n c e m e n t o f this Act or any contract entered into prior to the c o m m e n c e m e n t o f this Act. P A R T IX C l )\SI Ol I .NTIAI. AMI NDMI NTS T in T a n z a n ia C o m u n ic a tio n s R m r i . A io R Y Ai t h o r n y A n - 169 Verify source ↗
Construction
This Part is to be read together with the Tanzania Communications Regulatory Authority Act.
169. This Part shall be read as one w ith the Tanzania C o m m un i c at i o n s Regulatory Authority Act. hereinafter referred as "principal Ac t" . - 170 Verify source ↗
A m e n d m e n t o f section 3
Section 3 is amended by deleting the definitions of “Review panel” and “Internal Review Committee.”
170. The principal Act is a m e nd e d in section 3 by deleting the follow ing definitions: " R e v i e w panel" and "Internal Re vi ew Commi tt ee ". - 171 Verify source ↗
172
This provision amends section 15(2) by inserting text about powers provided under the Second Schedule and renumbering a paragraph.
171. The principal Act is ame nd ed in section 15(2) by- (b) (a) paragraph and (a) inserting between following- the 96 Constru ction Cap. 172 Amend ment of Section 3 Amend ment of Section 15 No. 3 Electronic and Post a! Communications 2010 “(b) such powers as provided for under the Seeond Schedule:" (b) re- nami ng paragraph (b) as paragraph (e).
Part
Schedule:"
- 172 Verify source ↗
173
This section says the principal Act is amended in section 21, but the text provided is incomplete.
172. The principal Act is a me n de d in section 21 by - Amend ment of Section 2 1 , , • , ' , (a) , any - 22 Verify source ↗
(1)
A court may require the Authority to make oral or written submissions in certain proceedings, especially those about the Act, its regulations, or electronic or postal communications.
22.—(1) inserting immediately alter section 21 the follow ing new section. judicial In ■■judicial proceedimis to w hich the A u thority is proceedings where . . . the Authoriis is not a P arl> ant‘ " h ie h deal with the interpretation or application o f this Act not a part\ licence regulations ma d e or or any issued under this Act, or in whi ch any matter related to electronic or postal c o mmu ni ca ti on s arises, the court before which such pr oceedings are being c onduct ed m a s . upon its own initiative or at the request o f any party to such proceedings, require the Authority to make oral or written submissi ons to the court within such period as the court may specify. (2) The p owe rs o f the court under sub-section (1) shall be subject to the following: required the Authority shall not be an\ obliged to ma k e the s u bmi ssi ons unless matter o f respect in which such submissi ons arc relates specifically to electronic or postal co mmu n ic at io ns : any s ub mi ss io ns ma de by the Authority shall be - (i) consi dered by the court but not be (a) (b) 97 No. 3 Electronic cunt Postal ( 'ommunications 2010 ( ii) ( iii) lo the upon binding court: con lined to the legal and technical issues the relevant proceedings concer ned, and shall not deal with the aspects o f factual proceedings those court unless the require specifically to the Authority s u bmi ssi ons ma k e on factual aspects: ma d e on oath to the extent that they deal factual with aspects the p r oceedings concerned. cont emplat ed paragraph (ii) this sub-section. as in o f such the ol (c) the parties to the pr oceedi ngs shall be entitled to - (i) a by or o f legal reply to or c om me n t 011 any submissi ons or o f nature technical on ma d e b e h al f the Aut h or i t y: and: reply c o m m e n t on w rittcn s u bmi ssi ons factual m a de on matters on or or any b\ lo (iii) <)8 No. 3 Electronic and Postal ( 'ommunications 2010 o f the b e h a lf Authority. and cr os s- ex a min e any person who gives evidence on oral factual matters on b e h al f the Authority. o f (3) No m e m b e r or e m p l o y e e o f the Authority shall be held personally liable for any act or default o f the Authority done or omitted hona fide in the the responsibilities and functions of. or exercising the p o we r conferred upon the Authority. carrying course out o f (b) re- number ing sections 22. 23. 21. 25. to 80 us sections 23. 24. 25 to 81 respectively. • Amend- ncni ol' section 26 - 173 Verify source ↗
174
The Board must appoint one of its members to be the chairperson of the Committee.
173. The principal Act is a me n de d in section 27(2) as the a me n d e d by deleting paragraph (a) and substituting for follow ing - il "(a) The Board shall appoint within its me mb e r s one m e m b e r to be the chairperson o f the Commi tt ee: and" Vacnd- mrri of a 2~ - 174 Verify source ↗
175
This provision appears to amend the principal Act by adding new sections after section 27, but the text is incomplete and unclear.
174. a m e nd e d by new sections: The principal Act in section 27 as inserting immediately after section 27 the following is a me n de d "functionsof ihc - 27A Verify source ↗
( I ) In addition to the functions
The Committee must make recommendations on content-service regulations and rules, and the Minister or Authority must then make the related rules or regulations. Interested persons may submit comments, and certain broadcasters/providers must follow the listed content, copyright, and encryption rules.
27A.—( I ) In addition to the functions in terms conferred upon it by the Authority o f section 30 o f this Act. the Co mmi tt ee shall - as as after reasonably soon the practicable c o m m e n c e m e n t o f this Act. ma ke r e co mme nd at io ns lo the Minister or the Authority, as the case may be. regarding the (a) 99 No. 3 Electronic and Postal ( 'ommunications 2010 regulations and ma k i ng o f rules o f the content o f services provided by content service in particular, l icensees and. following regarding aspcets- (i) the and relating s egment provision provision relating o f o f to current o f to national a code o f conduct applicable to different o f mar ket content provided by content services licensees: the content events interest: the content news affairs: the extent lo which content provided bv applications content licensees service should be produced in the United Republic, constitute should productions original be and should pr oduced by independent producers: the in which content is to be ma de bv serv ice content licensees: the content educational nature: provision the provision o f languages available o f an o f (ii) (iii) (iv) ( v ) (vi) (vii) 100 No. 3 Electronic anil Postal ( 'ommunications 2 0 1 0 (i.\) (viii) content designed lo eater for the needs and interests of' d e a f and visually-impaired persons: o f provision the content o f a political nature: advertising sponsorships: protection o f children: and community broadcasting. from time to time, as it de ems make necessary. the r e c om me n da t i o n s Minister and the Authority , as the case may be regarding: a m e n d m e n t (i) (xi) the (x) and to or (b) (ii) or ol' revocation regulations rules m a d e by the Minister or the Authorit y pursuant r ec omme nd a t io ns to ma d e by the C o mm it t e e in terms ol' paragraph (a) o f this sub-section: the introduction o f such n ew regulations or rules relating to matters listed in paragraph (a) o f this or sub-section relating matters to r easonably incidental to the matters so listed. (1) (2) The p ow er o f the Minister in terms o f section 33 o f this Act lo give directions to the C o mmi t t e e shall not apply lo rec omme nd a ti on s under sub-section (1). formulation o f the No. 3 Electronic and Postal C 'ommunications 2 0 1 0 (3) In exercising its p owe r o f ma king r ec o mm en d a t io n s to the Minister or the Authority in t erms paragraph (a) o f su b section ( I ) o f this section, the C o mm it t e e sha 11- (d) (c) to (a) and caters pr omo t e entrenched seek the d e ve lo p me nt and growt h o f the c o mm u n i c a t io n s industry in the I Jnited Republic: (b) have due regard to the rights to freedom o f expression and information in Article I 8 o f the Constitution: pr omote the dissemination o f a diverse range o f information, education the content o f entertainment pro\ ision viewed which. when all for collectively, language, cultural and other interest groups: e nd e av o r promote to investment in. and the stability of. c om mu ni c at i o n s industry: the seek achi ev e men t o f the objective* listed in section 13 o f this \ct: pr o mo te that provide a de qua te protection to m e m b e r s o f the public from the inclusion o f offensive and in content harmful material pr ovided content by applications serv ice licensees: p romot e standards, in relation to content pr ovi ded by content applications service licensees, adequate that protection to m e m b e r s o f the standards facilitate prov ide the to (e) ( 0 (g) 102 No. 3 Electronic and Postal ( 'ommunications 2010 public and oilier persons Irom- in treatment (i) mi lair such content: and unwarranted infringements p r iv a cy . o f (ii) ( I) The Minister or lhe Authority shall, alter receipt o f a r e co mme nda ti on from the Commi t t ee , ma ke regulations or rules o f the such r ecommendati on. cont empl at ed nature in ( ommitlee's procedure r e c omme nd a ti on s 2 7 H.—( I ) W h e n e v e r the C ommi tt ee the to make intends the Minister or as o f making contemplated in subsection (2) o f section 31. the C o m mi t t e e shall publish a notice in the ( lUZCtlC- to r egarding rules, the Authority regulations and or the written its the intention to proposed expressing make r e com me nda t io n s specifying the subject matter proposed o f r ec omme nda ti ons: inviting interested persons to ma ke oral submissions, or both written and oral submissions, as the C o mm i t t e e its discretion in may determine, in relation lo the subject matter o f the proposed r ecommendat ions: and specify ing the time periods for such the submissions. ma k in g o f (a) (b) (c) (d) (2) entitled to make interested person shall be Any s ubmi ss ions to the No. 3 Electronic and Postal ( Omnuinications 2 0 1 0 the ma nn e r and within Conuni Uec in the period specified in the notice contemplated in subsection ( I ). regarding the proposed r ecommendat ions . in the Gazette, (3) After c onsi deri ng all submissions b\ interested parlies, it shall publish its draft r e com me nda t io n s together with an interested parties to the draft submit written r e c omme nd at io ns to the C o m mi t t e e within twenty one days o f the publication o f such invitation. c o m m e n t s on invitation to (4) The C o m m it t e e after considering the c o m m e n t s ma d e by interested parties in terms o f subsection (3). the C o m m i t t e e shall make its r e co mme nd at i o n s to the Minister or the Authority, as the case mas be and shall simultaneously give notice in the Gazette o f such r ecommendat ions . (5) The Authority shall m a k e rules or regulations to regulate acquisition by the Subscription Content Service Providers o f exclusive rights for broadcasting sporting events that arc o f national interest. (6) The Cont ent Service Providers and c omp l y with copyr ight law shall regulations. (7) The Subscription Broadcasting Licensees shall appl \ encr ypt ion to prevent access to unauthorized subscription o f their content. (8) The Subscription Broadcasting Licensees shall c om pl y with br oadcasting Hag provision." 104 No. 3 Electronic and Postal (. 'ommunications 2 0 1 0 Amend ment of sections 34 and 35 Amend ment of section 36 Amend- merit ol section 42 - 175 Verify source ↗
176
Sections 34 and 35 of the principal Act are repealed.
175. The principal Act is ame nd ed in sections 34 and 35 b\ repeal ings them. - 176 Verify source ↗
177
This provision amends section 36 of the principal Act by deleting it and replacing it with new text about a decision being placed on the public register.
176. The principal Act is a me n de d in section 36 by deleting the whol e o f it and substituting for it the follow im>: "Decision be placed on the public register - 36 Verify source ↗
Application o f postal licence
A decision by the Authority or its committee, member, or employees must be put on the Public Register unless there is an appeal. If there is an appeal or intended appeal, it must not be placed on the Public Register until the appeal is decided.
36.—( I ) A decision by the Authority, a C o mmi t te e o f the Authority, m e m b e r or e mpl oye e s o f the Authority shall, if there is no preference o f an appeal against such decision, be placed on the Public Register. (2) Where there is an appeal or intended appeal against a decision o f the Authority, a C o m m i t t e e o f the Authority or a m e m be r or e mp l o y e e o f the Authority, that decision shall not be placed on the Public Register until the appeal is de te rmi n e d . " - 177 Verify source ↗
178
This section appears to amend the principal Act by replacing its text in the part headed “Procedure and powers of the Authority.”
177. The principal Act 12 as r e nu mbe re d by deleting the whole o f it and substituting for it the follow inu- is a m e n de d in section "Pmcedure and powers of the Aulhoril\ - 42
The Authority may order a party to supply goods or services, pay certain costs, and grant other remedies.
42.—(1) The Authority may make an order requiring a parly to - yo ,Ct- 00 .J :< & G -V T - C? (a) (b) (c) supply goods or services for specified periods; lo pas the costs o f another parts or o f a person appearing at the hearing or producing docu me nt s: to pay the costs o f another part\ or o f a person appearing at the hearing or producing document s. (2) Without the generality o f subsection (1). the Authority mav make further order - prejudice to 105 No. 3 Electronic am i Postal C 'onnnnnicalions 2 0 1 0 (a) (b) (c) (d) (e) ( 0 (g) dismissing a complaint: i mposi ng lines: for specific performance: for refunds: appoint ing trustees: setting up o f escrow accounts: and for such other relief as may be de e me d or r easonable." necessary Amend ment of section 13 - 17S Verify source ↗
Section 17S
The Authority’s decisions made under its regulatory powers must be given effect.
17S. I he principal Act is a me n de d in section immediately after subsection 13 as the ( I ) r en umb e re d by follow ing - inserting "(5) Ai n decision o f the Authority in exercising regulatory powers granted under this Act shall be g i \ c n institutes or effect to. whet her or not the aggrieved party intends to iiistitule an action in a court o f law. quasi judicial body or ma ke s any further representations lo the Authority after the decision is made. " Amend ment of section -16 - 179 Verify source ↗
180
A person who willfully obstructs an inspector, police officer, or other authorized officer commits an offence and may be fined, imprisoned, or both. A court may also order forfeiture of connected equipment, with an exception for certain broadcasting apparatus owners.
179. The principal Act is a m e n de d in section 16 as ren umb er e d by - (a) deleting sub-section (3) and substituting for it the follow ing: the c onduct which the provisions o f this Act "(3) A comp li an c e order may to refrain from require a person in is contravention o f or sector regulations made legislations to take actions required to be taken in order to comply with this Act or to pay line as accessed by the Authority ." inserting following new .subsections: immediately alter sub-section this Act under (6) the or (b) Jin "(7) Any person w ho willfully delays or inspector or a police or other obstructs authorized officer the exercise o f powers conferred upon him by or under this Act: co mmi t s an offence and shall be liable tin co in iction to a line in 106 No. 3 Electronic ant! Postal C 'ommunications 2 0 1 0 exceeding not to live million imprisonment for a term not e xc ee di ng twenty lour mont hs or to both that line and that imprisonment. shillings or in addition (8) A court convicting a person o f an offence under this Act may. to any penalty that il may impose, order the forfeiture to the gov e r nme n t o f any electronic c o mmu ni ca t io n or broadcasting apparatus or other material in relation to it in connection with or by m e an s o f which the offence was commi t ted. (9) Notwi thstandi ng sub-section (2). no order o f forfeiture shall be m a d e wher e it is proved that the broadcasting apparat us in question is not owned by the person so coin icted. and if the o wne r proves that he did not have any k no wl e d g e o f the unlawful use o f the apparatus by the person so co i n icted and could not have reasonably prevented such use." Amend ment of section 18 Amend ment of section 49 Amend ment of section 52 ISO. The principal Act section 48 as r e nu mb e re d by deleting the words "l ive h undr ed" appear ing at the the word "three end o f sub-section (4) and substituting for thousand". is a m e n d e d in it - 181 Verify source ↗
182
If an order made by the Authority under the Act is not complied with, the penalty is a fine equal to a civil debt assessed by the Authority.
181. The principal Act section 49 as r enu mb er ed by deleting sub-section t -7) and substituting for it the follow ing - is a m e n de d in "(7) l or the purpose o f the provision o f this for non -c o mp l ia nc e o f an order o f the section, a penalty Authority made under this Act shall be a line which shall be equal to a civ il debt as assessed by the Authority." - 182 Verify source ↗
183
This section changes how the Authority’s accounts are audited and adds a new Second Schedule.
182. The principal Act section 52 as r en umb er ed by deleting subsection (2) and substituting for it the follow ing subsection- is a me n de d in "(2) The accounts o f the Authority may at any time and shall, at the end o f each financial y ear, be audited by a person registered as an auditor under the Account ant s and 107 No. 3 Electronic and Postal ( 'ommunications 2 0 1 0 Cap.2X6 Amend ment of the Schedule Auditors (Registration) Act. appointed by Controll er and A udi tor General in consultation with the Authority." 1S3. The principal Act is a m e n de d by inserting immediat ely alter the 1'irst Schedule the following new Second Schedul e 108 No. 3 Electronic and Postal C 'ommunications 2 0 1 0 "SKCOND SCIll-DUI.i: Melite uniter section 15, 16 unit I POWERS OF Till- AUTHORITY
Part
Schedule
- 1 Verify source ↗
2. A pplication
This provision gives power to grant radio frequency licences for electronic communication purposes and to supervise and enforce compliance with those licences.
1. To grant radio frequency licences for electronic communication purposes and to supervise and enforce compliance with the provisions of such licences. - 2 Verify source ↗
A pplication
This provision gives the relevant authority power to grant licences for electronic communication and postal services and to supervise compliance with those licences.
2. To grant licences for operating electronic communication and postal services and to supervise and enforce compliance with the provision of such licences. - 3 Verify source ↗
Interpretation
This provision refers to giving directions to any person licensed under the Act or under regulations made under it.
3. To give directions lo anv person granted a licence under this Act or anv- regulations made thereunder. spectrum frequency - 4 Verify source ↗
To levy such charges and fees for the granting of licences,
The Authority may levy charges and fees for licences and other services it provides, if it considers that appropriate.
4. To levy such charges and fees for the granting of licences, radio frequency sellers of electronic spectrum communication equipments and electronic communication apparatus and other services provided by the Authority as mav its opinion be appropriate. registrations, equipment approvals, rights, administration of radio in - 5
This provision says to give general guidelines for determining tariffs.
5. To give general guidelines in determination of tariffs. - 6
Operators and users of electronic communications and postal services must observe standards and codes of conduct.
6. To lav down standards and codes of conduct to be observ ed bv all operators and users of electronic communications and postal system and serv ices. - 7
This provision states that the law regulates interconnection and access to operators’ electronic communication and postal systems and services.
7. To regulate the interconnection of and access to sy stems of operators of electronic communication and postal systems and services. - 8
This provision concerns controlling and regulating the management and allocation of numbering plans and schemes for electronic communications and postal systems and services.
8. To control and regulate the management and allocation of numbering plans and schemes electronic communications and postal systems and serv ices. - 9 Verify source ↗
10. G rant o f licence
Fragmentary text appears to concern controlling and regulating electronic communications by radio waves or other electrical means.
9. To control and regulate and to electronic the United Republic by radio waves or. interference communications system electrical or other means. in - 10 Verify source ↗
G rant o f licence
The provision states that someone has power to control and regulate the importation, sale, dealing in, and use of electronic communication equipment and electronic apparatus.
10. l o control and regulate the importation for sale dealing in and use of electronic communication equipment and electronic apparatus. 109 No. 3 Electronic and Postal ( 'oinnninicalions 2 0 1 0 - 11 Verify source ↗
N e tw o rk facilities licence
The Authority may use its movable and immovable property as it thinks expedient, including mortgaging it to raise loans.
11. lo utilize all the property ol" the Authority, movable and immovable, in such manner as the Authority may think expedient including the raising of loans by mortgaging such property. - 12 Verify source ↗
N e tw ork S ervice Licence
The Authority may lease or let its property and may grant easements, rights of way, temporary licences, or similar rights over land or buildings vested in it, on terms it thinks fit.
12. To lease or let. with or without taking a premium, any property vested in or acquired by it or to grant easements, rights o f way. temporary licences or other rights or privileges over, under through ol' in respect of any land or building belonging lo or vested in the Authority upon such terms and conditions as the Authority think lit. - 13 Verify source ↗
C ontent services licence
The Authority may carry out other works or activities it considers necessary, advantageous, or convenient for its regulatory role and to make the best use of its assets.
13. To carry out such other works or activ ities as may appear tv) the Authority to be requisite, advantageous or convenient in pursuance of its regulatory role with a view to making the best use of any of the assets of the Authority. - 14
It concerns engaging with other authorities, international agencies, or organizations on regulation to promote electronic communication and postal systems and services.
14. lo engage in conjunction with other authorities, international agencies or organizations in mailers or regulation for the purposes of promotion electronic communication and postal systems and services. - 15
This provision allows entering contracts needed to carry out the Act’s duties and functions.
15. to enter iiHo all such contracts for the supply o f goods or materials or for the execution of works or any other contract as may be necessary for the discharge of its duties and functions under this Act. - 16
Receive and process complaints from users of electronic communication and postal services.
16. lo receive and process complaints by users of electronic communication and postal services. - 17
The section allows sanctions to be imposed by regulations for violations by licensed operators and allows administrative processes and hearings for certain communications or postal matters.
17. To impose sanctions set by regulations for the violation by any licensed operator of any lavs or under ihc terms of its licence. IS. To conduct administrative processes and hearing to resolve technological issues, inter-carrier disputes, user complaints or other matters which affect the structure and functioning o f the electronic communication or postal sectors of the I 'nited Republic. - 19 Verify source ↗
20. M odification o f a licence
This fragment refers to all licensed operators and appears to require proper maintenance of accounting systems.
19. all licensed operators. lo ensure the proper maintenance o f accounting systems by - 20 Verify source ↗
M odification o f a licence
This provision states that equal access must be guaranteed for monopoly or other licensed electronic communications.
20. To guarantee equal access to monopoly or other licensed electronic communications. - 21 Verify source ↗
Material breach
This section concerns homologating and setting up a process to authorize equipment that may be connected to the electronic communications network in the United Republic.
21. l o homologate and establish a process for authorization of equipment permitted to be connected to the electronic communications network in the United Republic. No. 3 Electronic and Postal ( 'ommunications 2 0 1 0 - 22 Verify source ↗
To homologate and establish a process lor authorization of
This section is about homologating equipment and setting up a process to authorize equipment that may be connected to the electronic communications network.
22. To homologate and establish a process lor authorization of equipment permitted to be connected to the electronic communications network in the United Republic. - 23 Verify source ↗
S uspension and cancellation o f a licence
This section states that the provision is for researching and reporting on new technologies.
23. To research and report on new technologies. - 24
This provision says the government should be kept informed about obligations under international electronic communications treaties.
24. To keep the government appraised of obligations under international electronic communications treaties. - 25
This provision concerns overseeing compliance with international electronic communications treaties.
25. To oversee compliance with international electronic communications treaties. - 26
This provision calls for technical cooperation with the government and defining strategic policy.
26. To cooperate technically with the government and to define strategic policy. - 27
This provision concerns proposing national technological development.
27. To propose national technological development. - 2N Verify source ↗
To propose international electronic communications and
It says to propose international electronic communications and postal policy to the government, and to prepare policies for development of the national technology.
2N. To propose international electronic communications and postal policy to the government. 2(). lo prepare policies for development o f the national technology. - 30
This section states that criteria are to be created for opening and restructuring services where appropriate, and for ensuring compatibility of public systems, interconnection, and service quality.
30. To create criteria for the opening and restructuring o f serv ices as and where appropriate and to ensure the compatibility of public systems, interconnection and quality of serv ice. - 31 Verify source ↗
N o . 3
This provision addresses interconnection disputes between networks when the operators cannot agree on the terms.
31. To resolve issues of interconnection between networks where the operators involves are not able to reach agreement on terms of interconnection. - 32 Verify source ↗
P ow er to m ak e Rules as to Postal S e n ices
The provision says the public should be informed of reports, studies, and regulations when they are published.
32. To inform the public of reports, studies and regulations as and when published. - 33
New contemplated regulations or policies should be announced in a local gazette, and interested parties invited to comment.
33. lo announce in a local gazette and invite comment by interested parties on new contemplated regulation or policies. - 34 Verify source ↗
35. D esignation o f Public postal licensee
This provision says field investigations may be carried out about licensed operators, alleged non-licensed operators, complaints, licence compliance, permitted services, and service quality.
34. To do field investigations concerning: (a) licensed operators with the law and the compliance by terms of their licences: any allegation that a non-liccnsed operator is providing serv ice: any complaints filed by or against licensed or no-licensed operators: ensuring that licensed operators are providing only those services permitted by their licences: periodic measuring of quality of.serv ice: periodic sampling of users as to quality and extent of serv ice. (b) (c) (d) (e) (f) - 35 Verify source ↗
D esignation o f Public postal licensee
This section concerns receiving, reviewing, and evaluating accounting and other reports that operators are required to file.
35. To receive, review and evaluate accounting and other reports No. 3 Electronic and Postal Communications 2 0 1 0 required to be filled by operators. - 36 Verify source ↗
Application o f postal licence
This section says to raise public awareness about how the electronic communications and postal sectors are structured and regulated.
36. To raise public awareness to the structure and regulation of the electronic communications and postal sectors. - 37 Verify source ↗
A pplication for postal licence to be in writing
The Authority may conduct or supervise proficiency examinations linked to the grant of licences.
37. To conduct or to supervise the conduct o f proficiency examinations which arc conditional to the grant o f licences by the Authority. - 38 Verify source ↗
G rant o f postal licence
It allows receiving donations and contributions from any source and raising funds by lawful means.
38. To receive donations and contributions from any source and raise funds by all lawful means. - 39 Verify source ↗
M odification o f postal licence
It allows doing any other act or thing that is incidental to its functions.
39. To do any other act or thing incidental to any o f its functions." (h) A m i : \ I ) . m i : n t <>!• m i : I*aik C o m i'i t i h o n A c t . C a p 2 8 5 - 184 Verify source ↗
Construction
This section says the Fair Competition Act (the principal Act) is amended.
184. I'lie Fair Compet iti on Act here in after referred to as the "principal Act is amended. - 185 Verify source ↗
A m e n d m e n t o f section 65
If the Fair Competition Authority encounters postal communications while carrying out its functions, it must ask the Tanzania Communications Regulatory Authority for written advice, and that authority must provide it.
185. The principal Act is a me n de d by ad d i ng immediately a |\cr subsection (4) the follow ing- Constru- ction Cap 285 Amendment oi section (o “Ad\ice to the l air Competili on Authoritv matter in to or related electronic “ 65(5). Where, the course o f p erformi ng its functions under this Act. the Fair Competi tion Authority , e ncount er s any postal communicati ons, as those t er ms are defined in the Flectronic and Postal C o mm u n ic a ti o ns Act. it shall request the w ritten advice o f the Regulatory Tanzania C o m mu n i c a t i on s upon such matter Authority receiving Tanzania request, C ommu ni ca ti on s Regulatory Authority shall have the Fair to Competi t ion Authority with such advice." on such the p ow er provide and. the Repeals - 186 Verify source ↗
(1) The follow ing e na ctme nts are hereby repealed
This section repeals the Broadcasting Services Act and the Tanzania Communications Act.
186.—(1) The follow ing e na ctme nts are hereby repealed: (a) the Broadcasting Ser\ ices Act: and <-’«‘P- (b) the Tanzania C om m u ni c at i o n s Act. Passed in the National A s se mb l y on the 29lh January . 2010. D r . T h o m a s D. K a s i i i i . i i . a h . ( 'lerk o f the National Assembly
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The Electronic and Postal Communications Act
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