Tanzania Act or statute

Parliament of Tanzania

The Electronic and Postal Communications Act R:E 2022

SIM cardSIM card distributionSIM card possessionSIM card purchaseSIM card registrationSIM card reportingSIM card salesSIM card useSIM cardsaccess agreementsaddress managementadministrationadministrative enforcementadvertisinganti-competitive agreementsanti-discriminationappealsapplication feesapplication servicesapplicationsapproval requirementasset chargingasset recoveryassignmentsauthorisationsbillingbondsbroadcast/content licensingbroadcast/content regulationbroadcastingbroadcasting signalsbroadcasting stationsbundlingco-locationcommittee governancecommunicationscommunications interceptioncommunications servicescompensationcompetitioncompetition enforcementcomplaintscomplianceconsultationconsumer informationconsumer protectionconsumer service feescontent accessibilitycontent licensingcontent moderationcontent regulationcontent service compliancecontent service licensingcontent servicescorrespondence confidentialitycounter-version broadcastscounterfeit stampscriminal investigationcriminal liabilitycriminal penaltiescurrent affairs contentcustomer compensationcustomer information submissioncustomer registrationdata capturedata governancedata handlingdatabase administrationdealer reportingdebt collectiondeliverydevice identificationdevice tamperingdocument admissibilitydomain managementdominant licenseesdominant market positiondominant positioneducational contentelectronic addresseselectronic communication equipmentelectronic communicationsemployee confidentialityemployee misconductEmployment lawenforcementequipment approvalequipment complianceequipment forfeitureequipment import and distributionequipment standardsfalse statementsfee recoveryfeesfees and royalties recoveryforfeiturefraudfrequency assignmentgovernment agency servicesguidelineshazardous goodsincident responseindependent productionsindividual licence termsinformation handlinginformation requestsinfrastructure installationinfrastructure protectioninfrastructure 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Jurisdiction: Tanzania
Structure: 170 provisions
Citation: The Electronic and Postal Communications Act R:E 2022
Dates: Undated source snapshot

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Purpose and legislative effect

“This section says the Act may be cited as the Electronic and Postal Communications Act.”

This section says the Act may be cited as the Electronic and Postal Communications Act. This 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 many terms used in the Act, including licences, communications services, the Authority, subscribers, and postal terms. The Authority may license and regulate electronic communication systems and services, subject to the Act. This provision lists the types of licences under the Act and says licence duration is set by regulations made under the Act.

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This section says the Act may be cited as the Electronic and Postal Communications Act.

Section 1

Postal licensees must be responsible for entrusted postal items and pay compensation for certain loss or damage, while customers may claim compensation and complain to the Authority if compensation is refused.

Section 43

All cellular operators must capture each subscriber number and IMEI number pair generated in the network.

Section 86

Failure to report loss or theft of mobile telephone or SIM card

A person must report the loss, theft, or destruction of a mobile telephone or SIM card; failing to do so is an offence.

Section 128

Transitional provisions and savings

This section is a heading for transitional provisions and savings; the text shown does not state a substantive rule.

Section 168

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Showing 170 of 170 provisions

Provision 108Offence 50Commencement 4Interpretation 3

§ 12Provision

This section says the Act may be cited as the Electronic and Postal Communications Act.

1. This Act may be cited as the Electronic and Postal Communications Act. Application

Section 1Verify source

§ 23Interpretation

This 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 Mainland Tanzania as Act No. 7 of 1997 well as to Tanzania Zanzibar. (2) This Act shall not apply to Tanzania Zanzibar, with respect to those activities, which by virtue of the Zanzibar Broadcasting Commission Act, fall within the jurisdiction of the Zanzibar Broadcasting Commission. Interpretation

Section 2Verify source

§ 3Short titleShort title

This section defines many terms used in the Act, including licences, communications services, the Authority, subscribers, and postal terms.

3. In this Act, unless the context otherwise Acts Nos. 2 of 2016 s. 8; 4 of 2017 s. 6; Cap.4 s. 8 requires- “abuse of the dominant position” means an act whereby- (a) a firm holds a position of such economic strength that allows it to operate in a market by significantly without competition and it engages in conduct that is likely or maintenance of effective competition; development affected impede being the to (b) a tied selling firm exercises, predatory pricing, exclusive dealing, market restriction and price squeezing but does not include an act where by a licensee’s vigorous competition takes business from less efficient competitors; “access” means the making available by one person or network, of electronic communications services or electronic communications networks, or parts thereof, to another person or network, for the purpose of enabling- (a) construction, maintenance and operation of an electronic communications network; (b) provision of an electronic communications service and use of electronic communications services; (c) to construct, maintain and operate an electronic communications network; and 10 Electronic and Postal Communications Act [CAP. 306 R.E. 2022] (d) to provide an electronic communications service; “application service licence” means an electronic the holder to licence entitling communications provide one or more applications services; Cap. 172 “application service licensee” means a holder of an application service licence; “assignee” means a person who holds an individual assignment or who is registered under a class assignment; “assignment” means an individual assignment or a class assignment; established “Authority” means the Tanzania Communications Regulatory Authority the Tanzania Communications Regulatory Authority Act; “authorised dealer” includes agent and distributor authorised by applications service licensee to sell or distribute SIM cards and, or non SIM card devices to subscribers; under “blacklisting” means to render a mobile telephone inactive by any mobile cellular operator, and to deliberately disable any access which any person in control of the said mobile telephone may have to any of the mobile cellular operators; “blacklist” means all IMEI numbers reported as lost, stolen or destroyed; “broadcasting apparatus” means an apparatus for the reception of television broadcast or for reception of is sound broadcasts and, where an apparatus designed or constructed for the reception of both television and sound broadcasts other than those relating to television broadcasts, such apparatus shall be deemed to comprise two sets of apparatus, one for is television broadcasts and another one for the reception of sound broadcast which is radio, as the case may be; the reception of television which “broadcasting flag” means a set of status bits or “flag” set 11 Electronic and Postal Communications Act [CAP. 306 R.E. 2022] in the data stream of a digital television programme that indicates whether or not the data stream can be recorded or if there is any restrictions in the recorded content; “broadcasting service” means a radio communication service in which the transmissions are intended for direct transmissory reception by members of the general public and “broadcast” used as a verb shall be construed accordingly; “broadcasting station” means all premises whatsoever used for the purpose of carrying on broadcasting services transmitters, apparatus and together with equipment, in connection with them; the including required vehicles “built- in SIM card” means embedded SIM card to mobile terminal equipment; “Central Equipment Identification Register” its abbreviation CEIR means an electronic database which holds unique pairs of phone numbers and IMEIs in form of three lists white list, black list and grey list; in “class assignment” means a declaration issued by the Authority pursuant to this Act granting a class of persons, subject to certain rules, rights to use- (a) frequencies; or (b) numbers or electronic addresses; “class licence” means a declaration issued by the Authority pursuant to this Act authorising a class of persons to provide electronic communication services subject to requirements as may be determined by the Authority; “conditional to restrict access” means television programme access to certain groups of users either because of concerns for privacy or the desire to collect revenue for the services. This requires secure encryption of the programme content secure decryption in a set top box for each viewer; “Centre” means the Subscribers Information Centre established under subpart (i) of Part IV; 12 Electronic and Postal Communications Act [CAP. 306 R.E. 2022] “co- location” means the accommodation of two or more electronic in or on a single switches, or communications equipment building, tower or other structure; antennas other “computer” means an electronic device used to input, process store and output data; “content” means information in the form of speech or other sound, data, text or images whether still or moving, except private where communications; transmitted in “content service” means service offered for speech or other sound, text or images whether still or moving except private where communications; service communications provide one or more content applications services; electronic an the holder to licence” means licence entitling transmitted “content in “content service licensee” means a holder of a content service licence; “construction permit” means the authorisation granted by the Authority to an applicant whose application for the provision of broadcasting services has been approved by the Authority for the construction of facilities for the provision of content services; “consumer” means any person who uses electronic communication or postal product or services; “convergence” means the integration of different networks into a common digital platform that allows various services to be deployed for example video, audio, text, graphics, data and other new services; “courier service” means specialised services for the speedy collection, conveyance and delivery of postal articles other than letter; “customer” means any person who obtains or seeks to obtain services of any kind from a person undertaking activities pursuant to this Act, and includes subscribers; “customer equipment” means equipment, including cabling, hardware and software, employed on the 13 Electronic and Postal Communications Act [CAP. 306 R.E. 2022] customer side of the network boundary; “dealer” means a person who- (a) carries on a trade, business or industry in which are imported, bought, electronic assembled, manufactured, sold, hired or exchanged; communication apparatus (b) deals in motor vehicles in which broadcasting apparatus are installed; or (c) auctions broadcasting apparatus; “Director General” means the Director General of the Authority; “dominant licensee” means a licensee who has been determined by the Authority to have more than thirty five percent of the electronic communication or postal services market; as “electronic communication” means radio communication or, communication of the information in the form of speech or other sound, data, text or images, by means of guided and unguided electromagnetic energy; appropriate, “electronic communication equipment” means an equipment used for radio communication or, as appropriate, the communication of information in the form of speech or other sound, data, text or images, by means of guided or unguided electromagnetic energy; “electronic communications licence” means an individual licence or a class licence; “electronic communications licensee” means a person who holds an individual licence or who is registered under a class licence; “electronic communications market” covers all the electronic communications market and services including fixed line voice telephone, mobile and broadband communications and cable and satellite television; “electronic communications network” means any network that enables or facilitates the provision of an electronic communications service; 14 Electronic and Postal Communications Act [CAP. 306 R.E. 2022] “electronic communications service” means any service the purpose or effect of which is to enable or facilitate electronic communication; “electronic communication system” means any system used electronic used for be to intended or communication; Cap. 285 Cap. 285 “Electronic Serial Number in its abbreviation “ESN” means a unique code or number used by electronic communications network to identity an individual electronic communications equipment; “Fair Competition Commission” means the Fair Competition Commission established under the Fair Competition Act; “Fair Competition Tribunal” means the Fair Competition Tribunal established under the Fair Competition Act; “financial services” means money orders, postal orders, postal drafts, postal cheques, postal travelers’ cheques, giro, cash-on-delivery, savings service, electronic commerce services and any other related services; “grey list” means entries that are temporarily blocked or temporarily allowed; in which “hybrid postal services” means services resulting from a combines process information technology telecommunications and with a physical network to convert a message into correspondence during the performance of activities inherent in postal services; operator an in Identity” “International Mobile Equipment its abbreviation “IMEI” means a unique code used to identify an individual mobile telephone in Global Systems for Mobile Communication networks; “individual assignment” means a document issued by the Authority pursuant to this Act granting the holder, subject to certain rules, rights to use- (a) radio frequencies; or (b) numbers and electronic addresses; “individual licence” means a document issued by the 15 Electronic and Postal Communications Act [CAP. 306 R.E. 2022] Authority pursuant to this Act authorizing the licensee, subject to certain rules to- (a) construct, maintain, own and make available one or more network facilities; (b) provide one or more network services; or (c) provide one or more content services; “installation or plant used for posts” means all buildings, lands structures, machinery, equipment, boxes and receptacles used or intended for use in connection with the transmission of postal articles by post; “interconnection” means the physical or logical linking of one public electronic communications network to another for the purpose of allowing the persons using one of them to be able to- (a) communicate with users of the other network; or (b) make use of services provided by means of the other one; “letters” means any form of written communications in the nature of current and personal correspondence and includes postcards; “licence” means a licence issued under the provisions of this Act; “mail bag” means any bag, container, envelope or covering in which postal articles are conveyed; “Minister” means the Minister for communications except in relation to content and broadcasting services; responsible “mobile telephone” means a mobile apparatus or mobile terminal equipment which is capable of connection to a cellular telecommunication system and which is used by a customer to transmit or receive indirect communications over such telecommunications system; “multiplex” means a digital transmission channel which combines programme material and other data in a transmission via a frequency digital form for channel; “multiplex operator” means the entity that compiles, 16 Electronic and Postal Communications Act [CAP. 306 R.E. 2022] operates content offering on a digital multiplex that decides on the conditional access and Subscriber Management System (SMS) to be used and provides signal transmission to the end user; “network facilities” means any element, or combination of elements, of physical infrastructure used principally for, or in connection with, the provision of one or more network services or multiplex operations, but not including customer equipment; “network service” means a service for the carrying of information in the form of speech or other sound, data, text or images, by means of guided or unguided electromagnetic energy but does not include services provided solely on the customer side of the network boundary; “network licence” means service communications provide one or more network services; licence entitling an electronic the holder to “network service licensee” means a holder of a network service licence; “parcel” means 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- location” means a type of co- location where the party controlling the building, tower or other structure in or on which another party’s switches, antennas or other electronic communications equipment are accommodated, also allows the other party to operate those switches, antennas or other electronic communications equipment; “post” means a system for the collection, dispatch, conveyance, handling and delivery of postal articles by or through a public postal licensee; “postcode” or “postal code” means a series of letters or digits appended to a postal address for the purpose of making the processing and delivery of mail precise, easier and faster; “post office” means any building, house, room, vehicle or place where postal articles are received, delivered, 17 Electronic and Postal Communications Act [CAP. 306 R.E. 2022] sorted, made up or dispatched; “postage” means the fee chargeable for the transmission by post of postal articles; “postage stamp” means any label or stamp for denoting any postage or other sum payable in respect of a postal article, and including any adhesive postage stamp or stamp printed, impressed or otherwise indicated on a postal article, whether the postage stamp is issued under this Act or by the government of any other country; “postal article” or “postal item” means material goods, with or without mercantile value, that comply with the post ability requirements determined by this Act and by regulation, and that are delivered via a physical network to a specified address or a person with a specified address; “postal communications” means the communications of information by means of post; “postal exclusivity” means exclusive rights given to the public postal operator to issue stamps, installing private and posting letter boxes and the use of the words “Post Office”, “letter box and postage stamps”; “postal licence” means a licence issued pursuant to Part III of this Act; “postal licensee” means a person who holds a postal licence; “postal service” means conventional postal, hybrid postal and couriers’ 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 of the Minister and all assets, powers, rights, interests, privileges, debts, liabilities and obligations connected therewith; “postcard” means a card recognised as a postcard in the convention accordance with regulating the affairs of the Universal Postal Union; “posting box” means any pillar box and wall box and any terms of the 18 Electronic and Postal Communications Act [CAP. 306 R.E. 2022] other box or receptacle provided by or under the authority of a public postal licensee for the purpose of receiving postal articles for transmission by, or under the authority of, a public postal licensee; “public postal licensee” means a person designated by the Authority under this Act; “public postal licensee’s installation or plant” means any installation or plant used for posts belonging to or used by a public postal licensee; “radio communication” means electronic communications by means of radio waves; “service neutral” means in relation to the converged licensing is authorised to provide any electronic communication service; framework whereby a licensee “shareholder” means an individual or company, including a corporation that legally owns one or more shares of stock in a joint stock company; activated “SIM card” means Subscriber Identity Module which is an independent device electronically designed for use in conjunction with a mobile telephone to enable the user of the mobile telephone transmit and receive indirect communications by providing access to telecommunication systems and enabling such telecommunication systems identify the particular Subscriber Identity Module and its installed information; “subscriber” means a person who receives an applications service or a content service under an agreement with or pursuant to terms and conditions established by an applications service licensee or a content service licensee; GN. No. 186 of 2007 “technology- neutral” means the use of any technology for the provision of electronic communication services; “TBC” means the Tanzania Broadcasting Corporations the Tanzania Broadcasting established Corporations (Establishment) Order; by “undeliverable postal article” means items which for some reasons have not been claimed by addressee; 19 Electronic and Postal Communications Act [CAP. 306 R.E. 2022] “Universal Communication Services” means a defined minimum set of communications service of specified quality which is available to all users independent of their geographical location, and in the light of specific national conditions, at an affordable price; “Universal postal services” means basic postal services within the United Republic which includes the acceptance, conveyance and delivery of letters up to 500gms, parcel and packets of up to 10kgs, and financial services delivered at equal tariffs and conditions accessible by all the population; “user” means any person or body of persons who uses or operates a radio communication channel or frequency or runs telecommunication systems or services; “virtual co- location” means a type of co- location where the party controlling tower or other the building, structure in or on which another party’s switches, antennas or other electronic communications those equipment are accommodated, operates switches, electronic communications equipment on behalf of the other party; antennas other or “white list” means any unique pairs of subscriber number and IMEI number as captured by a licensee of electronic communication service where IMEI is not in the black list. PART II ELECTRONIC COMMUNICATIONS (a) Licensing Power to issue licence and regulate electronic communicati on systems

Section 3Verify source

Part

PART II

§ 4Power to issue licence and regulate electronic communicationProvision

The Authority may license and regulate electronic communication systems and services, subject to the Act.

4.-(1) Subject to the provisions of this Act, the Authority shall have the power of licensing and regulating electronic communication systems and services in the United Republic. (2) The power conferred on the Authority under 20 Electronic and Postal Communications Act [CAP. 306 R.E. 2022] subsection (1) shall- (a) include the right to issue licence and to regulate the establishment, installation, use, working, maintenance, construction, development, promotion, hiring and selling of electronic communication systems and services; and (b) extend to every vessel or aircraft registered in the United Republic and to every other vessel, aircraft and any vehicle, whether mechanically propelled or not, in the United Republic. (3) The power conferred under this section shall not be infringed by- (a) the running by any person solely for his own use or for the purpose of his business and not for providing any telecommunication services to another person or electronic communication system in which all the equipment comprised therein is situated- (i) on a single set of premises in a single occupation; aircraft vessels, (ii) in a vessel, aircraft or vehicle or in two or vehicles more or mechanically coupled together; (b) the operation of the electronic communications system in the course of their duties by the armed forces, the police force and national security officers of the United Republic; or (c) a licence granted under subsection (1) to a person or class of persons, may be granted either to any person, or class of persons and may in addition, contains conditions requiring the to electronic communication systems of any person or class of persons licensed under subsection (1). interconnection or access Types and duration of licences

Section 4Verify source

§ 56Provision

This provision lists the types of licences under the Act and says licence duration is set by regulations made under the Act.

5.-(1) Types of licences issued under this Act are- (a) network facilities licences; (b) network services licences; (c) application services licences; 21 Electronic and Postal Communications Act [CAP. 306 R.E. 2022] (d) content services licences; (e) postal and courier services licences; and (f) other licences as may be determined by the Authority. (2) The duration of the licence shall be as specified in the regulations made under this Act. Application for licence Acts Nos. 2 of 2016 s. 9; 4 of 2021 s. 4

Section 5Verify source

§ 67Provision

Anyone who wants to operate an electronic communications system or offer postal, electronic communications, or content services must apply for a licence and provide specified information to the Authority.

6.-(1) Any person or a company that wishes to operate any electronic communications system or offer postal communications, electronic communications or content services shall apply to the Authority for a licence. (2) An applicant for a licence shall be required to submit the following information- (a) a certificate of incorporation or registration; (b) business plan for the proposed services; (c) technical proposal for the services to be provided including roll out plans; (d) memorandum and articles of association evidencing shareholding structure as prescribed under section 26; (e) previous experience in the provision of the services; (f) proof of the applicant being financially capable; and (g) any other information as the Authority may require. (3) Any applicant for electronic communication licence which uses frequency bands that are competitive shall, in addition to requirements under subsection (2), submit the following- (a) network plan and configuration for deployment; (b) technical and manuals of specifications equipment to be used; and (c) products and services to be offered. (4) Every applicant shall be required to have physical address in a place within the United Republic and shall provide the same to the Authority. (5) A licensee shall inform the Authority of any change of physical address. 22 Electronic and Postal Communications Act [CAP. 306 R.E. 2022] (6) Where an applicant for an individual licence has submitted to the Authority all the relevant requirements for the licence application, the applicant shall present business and technical plans to the Authority. (7) Where an agreement provides for special arrangement relating to the implementation of this section, and the said arrangement has been approved by the Cabinet, the application of the provisions of this section shall not prejudice the implementation of such agreement.

Section 6Verify source

§ 78Provision

If an applicant does not submit required documents or information, the Authority must reject the application and notify the applicant in writing.

7. Where an applicant fails to submit documents or information as required under this Act, the Authority shall reject the application and the applicant shall be so informed in writing.

Section 7Verify source

§ 89Provision

When the Authority receives an application, it must publish a notice in local newspapers and invite public comments; this publication requirement does not apply to licences lasting less than five years.

8.-(1) Upon receipt of an application, the Authority shall publish a notice of the application in local newspapers inviting comments from the public, within fourteen days from the date of publication. (2) The requirement for publication shall not apply to licence of a duration below five years.

Section 8Verify source

§ 910Provision

If an application is rejected, the applicant may resubmit it with the required information, unless a tender process is involved.

9.-(1) The rejection of an application pursuant to the provisions of this Act shall not prevent the applicant from resubmitting another application with the required information except where a tender process is involved. (2) Resubmission of application under subsection (1), shall be treated as a new application.

Section 9Verify source

§ 1011Provision

The Authority must notify applicants of the application results within 30 days after the evaluation process is completed. If a frequency requirement is involved, the applicant must file a separate application for a radio frequency user licence.

10.-(1) On completion of evaluation process, the Authority shall, within thirty days, notify the successful and unsuccessful applicants the results of the application. (2) Where frequency requirement is involved, the applicant shall make a separate application for a radio frequency user licence. (3) A grant of licence shall be subject to satisfaction of the Authority that the facilities are in accordance with conditions stipulated in the construction permit. Failure to submit documents or information Publication of notice of application Rejection of application Grant of licence Network facilities licence

Section 10Verify source

§ 1112Provision

A person must not install, operate, manage, construct, maintain, own, or make available network facilities in the United Republic unless covered by a licence from the Authority.

11. A person shall not install, operate, manage, construct, maintain, own or make available network 23 Electronic and Postal Communications Act [CAP. 306 R.E. 2022] facilities in the United Republic except under the terms and conditions of an the Authority. licence granted by individual Network services licence Content services licence Acts Nos. 12 of 2019 s. 4; 6 of 2021 s. 4

Section 11Verify source

§ 1213Provision

Network services may only be operated, managed, and provided under an individual licence from the Authority, and licence applicants must submit interoperability, compatibility, and emergency-service access information.

12.-(1) A person shall not operate, manage and provide network services in the United Republic except in accordance with the terms and conditions of an individual licence granted by the Authority. (2) An applicant for network services licence shall, in addition to conditions stipulated for in sections 6 and 26 of this Act, submit the following- (a) interoperability and compatibility of the system with other systems; and (b) availability of access to emergency services. (3) The network services shall be operated and managed in the United Republic by a holder of network services licence.

Section 12Verify source

§ 1314Provision

You may not provide content services unless you comply with an individual or class licence from the Authority.

13.-(1) A person shall not provide content services except in accordance with the terms and conditions of an individual or class licence granted by the Authority. (2) Successful applicant for content service licence shall be given construction permit for a period of not more than two years. (3) The Authority shall define each content service licence in relation to one of the following categories: (a) public services; (b) commercial services; (c) community services; (d) any other licence as may be determined by the Authority. (4) Every content service licensee shall be required to enter into a service level agreement with the multiplex operator who is a holder of network facilities licence for purposes of transmission and distribution of broadcasting signals. Application services licence

Section 13Verify source

§ 14Types and duration of licencesProvision

14. A person shall not provide application services except in accordance with the terms and conditions of an 24 Electronic and Postal Communications Act [CAP. 306 R.E. 2022] individual licence granted by the Authority. Licence fees Cap. 4 s. 8

Section 14Verify source

§ 1516Provision

An applicant must pay prescribed fees to the Authority, including an initial licence fee before the licence is issued and other specified fees; the Authority may review the licence fee.

15.-(1) An applicant shall pay to the Authority the fees as may be prescribed and such fees shall include- (a) an initial licence fee payable before the licence is issued; (b) an annual fee of the amount specified in the (c) fee rules made under this Act; in respect of the assigned frequency, frequency bandwidth or radio communication station; and Individual licence (d) fee in respect of assigned electronic numbering resource. (2) The Authority may review the licence fee. fulfilling to any person

Section 15Verify source

§ 1617Provision

The Authority must issue an individual licence to an applicant who meets section 6 requirements and is, in the Authority’s reasonable opinion, financially and technically able to meet the licence obligations.

16.-(1) An individual licence shall be issued by the Authority eligibility requirements set forth in section 6 and who, in the financially and Authority’s technically capable of meeting his statutory and regulatory obligations as well as the obligations set forth in the individual licence concerned. reasonable opinion, the is (2) The Authority shall make rules- (a) setting forth in details the procedures to be followed for the grant of an individual licence under this section; (b) determining the format of individual licence application forms, which shall include a section where the applicant indicates in details the instruction programmes which training and intend to implement in accordance with the obligations of the individual licence; (c) determining- (i) filing fees of individual licence application forms; and (ii) initial licence fees payable for the actual granting of individual licence. (3) The procedures prescribed in the rules made under this section shall be fair, non-discriminatory and 25 Electronic and Postal Communications Act [CAP. 306 R.E. 2022] transparent. Terms and conditions of individual licence

Section 16Verify source

§ 1718Provision

The Authority sets the terms and conditions for an individual licence, including service quality, interconnection, consumer protection, licensed area, universal service obligation, shareholding structure, and rollout plan.

17. An individual licence shall include terms and conditions set by the Authority including quality of service, interconnection, consumer protection, licensed area, universal service obligation, shareholding structure and roll out plan. Additional obligations for network service licensee holding individual licence Cap. 4 s. 8

Section 17Verify source

§ 18Licence feesProvision

Certain telecom licensees must provide specified network and emergency-related services, including some free of charge.

18.-(1) A licensee holding individual licence shall be obliged to provide network services, or ensure that a third party provides essential applications services twenty four hours a day or seven days a week, at a level of quality as set by the Authority in all areas without discrimination and shall include- (a) emergency service numbers; (b) directory assistance service, enabling any subscriber to obtain a telephone number through the assistance of an operator or through automated means; (c) operator assistance service, enabling any subscriber regarding, to obtain assistance amongst other things, accessing services, setting up calls and remedying faults; and (d) such other applications services as may be reasonably determined by the Authority. (2) The essential applications services shall be provided in accordance with the terms and conditions of a class licence granted under this Act. (3) A licensee of a network service shall provide the following essential and emergency services free of charge- (a) emergency service; (b) operator assistance for remedying faults; (c) customer assistance; (d) crime stoppers; (e) child help line; (f) health help line; (g) anti-corruption services; (h) fire services; (i) ambulance services; and 26 Electronic and Postal Communications Act [CAP. 306 R.E. 2022] (j) any other services relating to human safety and life. Renewal of individual licence

Section 18Verify source

§ 1920. Modification of licenceProvision

The Authority must renew an individual licence if the licensee meets the stated conditions.

19. The Authority shall renew an individual licence for a term to be agreed between the Authority and the licensee concerned, where the licensee- (a) continues to fulfill the shareholding M odification of licence Act No. 6 of 2021 s. 5 requirements set forth in section 26; (b) in the Authority’s reasonable opinion, continues to be financially and technically capable of meeting its statutory and regulatory obligations as well as the obligations to be set forth in the individual licence concerned; and (c) has not, during the current term of the licence, committed a material breach of this provisions.

Section 19Verify source

§ 20Modification of licenceProvision

The Authority and the licensee must agree in writing before licence conditions are modified, and the Authority must give written notice and allow the licensee 28 days to respond before making proposed changes.

20.-(1) The Authority and the licensee shall agree in writing to modify licence conditions during the duration of the licence in either of the following ways- (a) by a licensee submitting to the Authority a written request for modification of licence and the request for modification shall be considered by the Authority to establish whether or not such request is contrary to the provisions of this Act or regulations made there under and shall respond to the licensee accordingly; or (b) by the Authority subject to subsection (2) of this section. (2) The Authority shall, prior to modifying the licence, issue a notice in writing, to the licensee stating the following- (a) the reasons for the proposed modifications; (b) the modification that licence the to the Authority proposes to make; and (c) the date by which the licensee shall respond in writing to the proposed modifications within twenty eight days from the date on which the Authority serves the notice on the licensee. to respond (3) Where licensee fails the in 27 Electronic and Postal Communications Act [CAP. 306 R.E. 2022] accordance with this Act or where the licensee responds but subsequently withdraws that response, the Authority may modify the licence as specified in the notice. (4) Where the licensee responds in accordance with subsection (2)(c), the Authority may either- (a) issue the licence modified in accordance with (b) issue the notice; the incorporation of partially or wholly as it may deem fit; or licence with modifications by response licensee’s the M aterial breach Act No. 2 of 2016 s. 10 (c) make no modifications to the licence.

Section 20Verify source

§ 21Material breachCommencement

This section lists events that count as a fundamental or material breach for a licensee or, in one case, the majority shareholder.

21. The following shall constitute fundamental or material breach- (a) failure of a licensee to commence constructions of the network within twelve months from the date of issuance of the licence; (b) failure of a licensee to provide service to customers within twelve months from the date of issuance of the licence; (c) failure to comply with requirements of section 26; (d) continuous interruption of service for a consecutive or combined period of thirty days over any six months period provided that the interruption is not a result of force majeure; (e) bankruptcy or filing of any insolvency proceeding against the licensee or adjudication of the same in favour of creditors of such proceeding is filed against the licensee; (f) any proceeding or assignment of assets for the benefit of creditors, or any state of the licensee which may be considered as “insolvency” under any written law in force; (g) repetition or continuation of an event of infraction following written notice by Authority to cease operation or a combination of the events of infraction; (h) repeated failure of a licensee to pay licence fees 28 Electronic and Postal Communications Act [CAP. 306 R.E. 2022] as provided under the rules or regulations made under this Act; (i) failure to comply with any other condition set out in the licence; (j) breach of joint venture contract by the majority shareholder which results into the dissolution of the joint venture or otherwise jeopardises the performance of the licensee; and (k) alienation of shares by majority shareholder without prior approval of the Authority and to transfer, subcontract or assign any interest in his shares or the majority shareholder be reduced to a minority shareholder.

Section 21Verify source

§ 2223Provision

The Authority may suspend or cancel a licence in specified situations.

22. The Authority may suspend or cancel a licence (a) the licence is in material breach of licence conditions provided for in section 21 or the provisions of section 26 and has not remedied any such breach within thirty days of receiving notification of the breach from the Authority; (b) the licensee and the Authority have agreed in writing to terminate the licence; or (c) the licence terminates upon expiry of the term and is not renewed. Suspension and cancellation of licence if- Registration of installation and maintenance, importation and distribution licence Act No. 6 of 2021 s. 6

Section 22Verify source

§ 23Suspension and cancellation of licenceProvision

People who want to do the listed communications activities must register with the Authority, apply for an appropriate class licence, and pay the prescribed fee. Certain importers and distributors must also give consumers a minimum one-year warranty, and the Authority must make the licence and registration forms rules.

23.-(1) Notwithstanding any other written law to the contrary, a class licence shall be issued to any person who intends to undertake the following activities- (a) construction, installation and maintenance of or communication equipment electronic broadcasting apparatus; of electronic communication (b) importation equipments; (c) distribution of equipments; and electronic communication (d) providing V-SAT services and any other services to be determined by the Authority: Provided that, such person shall register and apply 29 Electronic and Postal Communications Act [CAP. 306 R.E. 2022] to the Authority to obtain approval of appropriate class licence, upon payment of fee as may be prescribed by the Authority. (2) The Authority shall make rules prescribing the format of class licence and registration forms referred to in subsection (1). (3) A person who undertakes the activities of importation or distribution of communication equipment or broadcasting apparatus shall issue a warranty for a minimum of one year to protect the consumer. (4) Any person registered and granted a class licence under this section shall not be bound by the requirement on shareholders under section 26.

Section 23Verify source

§ 2425Provision

A licence cannot be transferred, assigned, pledged, or otherwise disposed of without the Authority’s prior written consent.

24.-(1) A licence issued under this Act shall not be transferred, assigned, pledged or otherwise disposed off without prior written consent of the Authority. (2) Where a licensee proposes to transfer a licence, the licensee and the person to whom the licence is proposed to be transferred to, shall jointly submit a request in writing to the Authority for consent of the transfer. (3) The transferor shall submit the request together with the transferee’s documents to the Authority for consent of the transfer. (4) An application to transfer a licence shall be treated by the Authority in the same manner as a request for the issuance of a licence under this Act. Transfer of licence Transfer of shares

Section 24Verify source

§ 2526Provision

A shareholder or licensee must not transfer, alienate, sub-contract, or assign an interest in shares under the license without the Authority’s approval.

25. Any shareholder or licensee shall not transfer, alienate, sub-contract or assign any interest in his shares under the license without approval of the Authority. Shareholding requirements Acts Nos. 17 of 2010 s. 4; 2 of 2016 s. 11; 4 of 2017 s. 7;

Section 25Verify source

§ 2627Provision

Licensed communications companies must keep required public or local shareholding levels, and some licensees must offer and list shares within set deadlines.

26.-(1) Notwithstanding the provisions of any other law, a company incorporated in the United Republic holding an individual or class license under this Act shall- (a) in the case of a holder of network facilities or network services licence, have a minimum of public shareholding of twenty five percent of its issued and paid up share capital, as an ongoing 30 Electronic and Postal Communications Act [CAP. 306 R.E. 2022] 8 of 2020 s. 19 Cap. 79 Cap. 79 Cap. 79 Cap. 79 obligation throughout the life of its licence; and (b) in the case of a content service licensee, have a minimum fifty one local shareholding of percent of its authorised share capital as an ongoing obligation throughout the life of its licence. (2) The minimum of twenty five percent public shareholding requirement under subsection (1)(a) shall be obtained through a public offer in accordance with the Capital Markets and Securities Act. (3) A person licensed to provide network facilities or Network Services before 1st July, 2016, notwithstanding the provisions of any other written law to the contrary and in accordance with the Capital Markets and Securities Act shall, within six months from 1st July 2016, be required to offer shares to the public and subsequently list its shares on a stock exchange in Tanzania. (4) Any person licensed to provide network facilities or network services from 1st July 2016 shall be required to offer shares to the public and subsequently list its shares on a stock exchange in Tanzania in accordance with the requirements of the Capital Markets and Securities Act within two years from the date of grant of licence. (5) A company to provide network facilities or network services that intends to transfer shares shall comply with the Capital Markets and Securities Act. licensed (6) Where after conducting an initial public offer, a licensee referred to in subsection (1)(a) does not attain the prescribed threshold of twenty five percent of its issued and paid up share capital, the Capital Markets and Securities Authority shall, upon consultation with the Minister responsible for Capital Markets and after taking into account conditions prevailing issue directives on how the licensee may obtain the twenty five percent. the market, in (7) Notwithstanding the provisions of subsection (1), the conditions of having public shareholding shall not apply to the following licences: (a) network facilities or network services licence 31 Electronic and Postal Communications Act [CAP. 306 R.E. 2022] wholly owned by the Government; (b) network facilities or network services licence in five the Government owns twenty which percent shares or more; and (c) network facilities licence for lease of towers. (b) Interconnection and Access Interconnection

Section 26Verify source

§ 2728Provision

The Authority may regulate interconnection arrangements for network service licensees where there is market failure, issue negotiation procedures and guidance, keep interconnection agreements in the public register, and arbitrate or appoint an arbitrator for interconnection disputes.

27. The Authority shall- (a) regulate all arrangements interconnection between network service licensees where there is market failure; Access (b) issue interconnection negotiations procedure and guidance on approval or rejection of interconnection agreements; (c) place all interconnection agreements in the public register; and (d) arbitrate or appoint an arbitrator to arbitrate on interconnection disputes.

Section 27Verify source

§ 2829Provision

Electronic communications licensees may negotiate access agreements for listed network elements and services, and certain licensees must negotiate when asked in writing.

28.-(1) Every electronic communications licensee has the right, for the purposes of enabling the provision of the public, to electronic communications services to negotiate an agreement for access to- (a) electronic communications network elements of any network facilities licensee; and (b) electronic communications services provided by any network service licensee, that appear in a list as published in the Gazette by the Authority, and, when solicited in writing by an electronic communications licensee, every network facilities licensee and every network service licensee has, for the purposes of enabling the provision of electronic communications services to the public, the obligation to negotiate such an agreement. (2) The Authority shall- (a) regulate access arrangements between network service licensees; (b) issue access negotiations procedure and 32 Electronic and Postal Communications Act [CAP. 306 R.E. 2022] Co-location and infrastructure sharing guidance on interconnection agreements; and approval or rejection on (c) place all access agreement in the public register.

Section 28Verify source

§ 2930Commencement

The Authority may regulate co-location and infrastructure sharing, issue guidance, and place co-location agreements in the public register.

29.-(1) The Authority shall have the powers to- (a) regulate the co- location arrangements between network facilities licensees; (b) issue access negotiations procedure and guidance on approval or rejection on co- location agreements; and (c) place all co-location agreements in the public register. (2) The Authority shall, on infrastructure sharing, determine standards of communication infrastructure and shall regulate- including (a) passive network elements towers, masts, ducts, poles, power systems and cooling systems, among network facilities licensee; (b) active network elements including microwave transmission fibre, antenna access network and related elements and infrastructure sharing amongst network facilities licensees; Cap. 80 Interconnecti on, access, co-location and infrastructure sharing (c) infrastructure sharing arrangements between network facilities licensees; (d) in liaison with the Tanzania Civil Aviation Authority established under the Civil Aviation Act, the establishment of broadcasting stations so as to prevent harmful interference with aircraft navigation systems. (3) The provisions of this section shall not apply to towers, masts, ducts, poles, power systems and cooling systems, which have been constructed prior the commencement of this Act. to

Section 29Verify source

§ 3031Provision

The Authority may set rules for certain interconnection, access, and infrastructure-sharing disputes, and may approve or reject communication infrastructure sharing agreements.

30. The Authority shall- (a) set forth rules and procedures to be followed in interconnection, access, co- settlement of location and infrastructure sharing disputes; and (b) have a mandate to approve or reject 33 Electronic and Postal Communications Act [CAP. 306 R.E. 2022] communication infrastructure sharing agreements. services providers’ Prices for services to public

Section 30Verify source

§ 31distribution licenceProvision

Electronic communications licensees may set and revise service prices, but they must meet fairness rules, file prices with the Authority, publish them in advance, and bill customers clearly.

31.-(1) Subject to the provisions of this Act and any regulations or declarations made under this Act, electronic communications the applications services and content services which they provide to the public, set and revise such prices as they deem appropriate. (2) The prices so determined by an electronic following licensee shall respect licensees may, the for communications principles: (a) be transparent, based on objective criteria, and non-discriminatory; (b) not contain discounts that unreasonably prejudice the competitive opportunities of other licensees providing applications services and content services to the public; and (c) take and the account international of recommendations organisations of which the United Republic is a member. regulations the (3) Each electronic communications licensee shall- (a) file with the Authority the prices so determined at least two weeks prior to their introduction; and (b) publish the prices at its own expense in the public media at least one week prior to their introduction. (4) An electronic communications licensee shall provide all its application services and content services in accordance with the prices filed with the Authority. (5) The Authority shall be entitled to carry out reviews of the prices referred to in this section in order to ensure in subsection (2). the principles set forth they respect that (6) Electronic communications licensees shall, for the application services or content services which they provide to the public, make sufficient detailed billing 34 Electronic and Postal Communications Act [CAP. 306 R.E. 2022] information to enable customers to verify whether or not they have been billed correctly. (7) The Authority shall have powers to carry out reviews of rates and charges applied by electronic communications service licensees in provision of the licensed services. PART III POSTAL COMMUNICATIONS Powers to make rules as to types of postal services

Section 31Verify source

Part

PART III

§ 3233Provision

The Authority must make rules about postal services and has power to issue postal licences and regulate postal service provision.

32. The Authority shall make rules describing the types of postal services in terms of their nature, form and scope, the mode of postage, technology used, service standards and attributes. Power to issue postal licence and to regulate provision of postal services

Section 32Verify source

§ 33Powers to make rules as to types of postal servicesProvision

The Authority may issue postal licences for carrying letters, postcards, and commercial valuable documents, and for related postal services, subject to specified exclusions. If a question arises about whether a postal article is a letter, the Authority’s decision is final.

33.-(1) The Authority shall have the power to issue postal licence for- (a) conveying by post from one place to another whether by land or by sea or by air all letters, postcards and commercial valuable documents; (b) performing all incidental services of receiving, collection, sending, dispatching and delivering all letters and postcards, except those letters falling within any of the following categories: (i) trade announcements, circulars, printed or to any from extracts advertisements, not addressed person; newspapers, (ii) letters delivered by an employee of the sender; (iii) letters delivered by a messenger employed by the sender especially for the purpose, not being a person employed or engaged in the course of his business or employment in delivering procuring the delivery of letters; (iv) letters exceeding 500 grammes in weight per letter; (v) letters concerning goods sent with the 35 Electronic and Postal Communications Act [CAP. 306 R.E. 2022] Postal licence to be issued unconditionally or subject to condition goods and delivered therewith; (vi) letters carried to or from a post office; (vii) letters carried in accordance with an agreement entered into by the licensee; (viii) transfers between document exchanges; (ix) letters carried to the premises of a provider of electronic main service for the purposes of being transmitted as electronic mail, or letters carried from the premises of such a person after having been so transmitted; (x) letters carried and delivered by a private friend without hire, reward or other profit; and (xi) letters carried and delivered personally by the sender. (2) Where any question arises as to whether or not any postal article is a letter within the meaning of this Act, the decision of the Authority shall be final.

Section 33Verify source

§ 34Postal licences to be issued unconditionally or subject to conditionProvision

The Authority may grant postal licences and set the terms, conditions, and payments attached to them.

34.-(1) The Authority may grant a postal licence on such terms and conditions and in consideration of such payments as it thinks fit to any person for the doing of any act or the performance of service falling within section 33 as is specified in the postal licence, and anything done in accordance with a postal licence granted under this section infringement of the privilege shall not constitute an conferred by section 33. (2) A postal licence granted under subsection (1), may be granted either to any person, class of persons or particular person, and may include without prejudice to the power to impose conditions conferred by that subsection and conditions requiring the payment of a fee to the Authority on the grant of the postal licence or the payment to the Authority of a periodic fees during the validity of the postal licence or to both of such amount as may be determined under the postal licence. (3) A payment required by subsection (2) to be rendered to the Authority may be recovered by it in any court of competent jurisdiction as if it were a simple 36 Electronic and Postal Communications Act [CAP. 306 R.E. 2022] Designation of public postal licensee Application of postal licence Application for postal licence to be in writing Grant of postal licence contract debt.

Section 34Verify source

§ 35Designation of public postal licenseeProvision

The Authority may designate a public postal licensee to carry out universal postal service functions, and that licensee gets exclusive postal rights for certain stamps, letter boxes, and postal terms for a period set by the Authority.

35.-(1) The Authority shall have the power to designate a public postal licensee to perform all or any of the functions relating to the operation and provision of universal postal services in the United Republic. (2) The public postal licensee shall have postal exclusivity rights to issue stamps, installing private and installing posting letter boxes and use of the word “post office” “letter box” and “postage stamps” for a period to be determined by the Authority.

Section 35Verify source

§ 36Application of postal licenceProvision

A person may not operate postal services in the United Republic unless licensed as a postal licensee under this Act.

36. A person shall not operate postal services in the United Republic unless that person is licensed as a postal licensee under this Act.

Section 36Verify source

§ 37Application for postal licence to be in writingProvision

A postal licence application must be made in writing to the Authority.

37.-(1) Any application for a postal licence under this Act shall be addressed in writing to the Authority. (2) The Authority may, in consideration of any application under this Act, require the applicant to produce evidence or information to show the capacity to operate postal systems and services as the Authority may deem necessary to enable it make a decision. (3) The Authority may require an application for a postal licence to be accompanied by such a fee as the Authority may describe.

Section 37Verify source

§ 38Grant of postal licenceProvision

The Authority may grant a postal licence, must consider an application within 60 days, may renew a licence on expiry, and a licence cannot be transferred without the Authority’s prior written consent.

38.-(1) The Authority may, subject to subsection (2) of this section, grant a postal licence to an app licant under this Act if it is satisfied that the information supplied to the Authority by the applicant is suitable to operate the postal system and services. (2) The Authority shall, upon receipt of application, consider it and within sixty days may in its absolute discretion either, grant a postal licence or refuse the application. (3) A postal licence granted under this Act may be renewed on its expiry on application within the prescribed period by the Authority. (4) A postal licence shall not be transferred except with the prior consent in writing of the Authority. 37 Electronic and Postal Communications Act [CAP. 306 R.E. 2022] M odification of postal licence

Section 38Verify source

§ 39Modification of postal licenceAmendment

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.-(1) The Authority may modify the conditions of a postal licence granted under this Act. (2) The Authority to making modifications of the conditions of a postal licensee under this section, give notice to the licensee by- shall, prior (a) stating that it proposes to make modifications in the manner as specified in the notice and the compensation payable for any damage caused thereby; and (b) specifying the time not being less than twenty eight days from the date of service of the notice licensee within which written on such a representation the proposed to in respect modification may be made. (3) Upon receipt of any representation referred to under subsection (2), the Authority shall consider such a representation and may- (a) reject the representation; or (b) amend the proposed modifications or compensations payable in accordance with the representation or otherwise, and in either event, it shall issue a direction in writing to licensee requiring him to make proposed modification specified any other modifications as subsequently amended by the Authority within reasonable time. notice or the in Suspension or cancellation of postal licence

Section 39Verify source

§ 4041Provision

The Authority may cancel or suspend a postal licence if it is satisfied the licence holder is breaching licence conditions or the Act. An aggrieved person may appeal to the Fair Competition Tribunal.

40.-(1) Where the Authority is satisfied that, a person who is granted a postal licence under this Act or any postal regulations made under this Act is contravening any of the conditions of the postal licence or the provisions of this Act, the Authority may cancel or suspend the licence. (2) Any person aggrieved by the decision of the Authority under this section may appeal to the Fair Competition Tribunal. Addresses and postcodes

Section 40Verify source

§ 4142Provision

The Authority must allocate, manage and regulate addresses and publication postcodes, and regulate the publication and sale of postcode lists and directories. Postal licensees must keep deliveries and postcode directories available to the public free of charge.

41. The Authority shall- (a) allocate, manage and regulate addresses, and 38 Electronic and Postal Communications Act [CAP. 306 R.E. 2022] publication postcodes; and (b) regulate the publication and sale of postcode list and directories in compliance with the principle of publicity and requiring postal licensees to keep deliveries and postcode directories to be available to public free of charge. Secrecy of correspondence, confidentiality and integrity of postal items

Section 41Verify source

§ 42Suspension or cancellation of postal licenceProvision

Postal licensees are responsible for protecting the secrecy of correspondence and the confidentiality and integrity of postal items, and opening postal items is allowed only in the exceptional circumstances set out in this section.

42.-(1) A postal licensees shall be responsible for the inviolability of the secrecy of correspondence and for the confidentiality and integrity of postal items. (2) Notwithstanding subsection (1), correspondence and other postal items may legally be opened only in exceptional circumstances expressly established under this section. (3) The following acts shall not constitute violations of the secrecy of correspondence or o f the confidentiality and integrity of postal items by- or (a) opening correspondence obtaining knowledge of its contents when performed by a person residing at the same address as the addressee; (b) submission correspondence the control performed by verification competent police, senior staff of the Authority or Government customs or revenue official; (c) opening of postal items that present signs of of and to containing material subject to taxation; (d) opening of correspondence or postal items earmarked for destruction by Authority or postal licensee; and (e) opening of correspondence or postal items that present signs of containing material or substance whose dispatch, use or distribution is prohibited. Postal licensee liability for losing

Section 42Verify source

§ 4344Provision

43.-(1) The postal licensee shall be responsible for correspondences and postal items entrusted to it and pay compensation to customers for losing, misplacing, delivery or failing to guarantee the integrity of correspondence or 39 Electronic and Postal Communications Act [CAP. 306 R.E. 2022] postal items in the form and amount specified in rules made by the Authority. (2) The compensation of correspondences and postal items dispatched or received from abroad shall comply with the international conventions and treaties ratified by the United Republic. (3) The postal licensee shall not assume liability to the customer for losing, misplacing, delaying delivery or failing to guarantee the integrity of correspondence or a postal item if that customer- (a) owing involving infringement of the law or regulation; and behavior user to an Posting and ownership of corresponden ce and postal item (b) owing to defects or risks inherent in the nature of correspondence or postal items. (4) Any postal customer who has correspondence or a postal item lost, misplaced, delivered with delay, spoiled or damaged in conditions specified in this Act shall apply to the postal operator compensation in the form and amount specified in the regulations. (5) Where the postal licensee fails to comply with the request for compensation, the postal customer may complain to the Authority in the form and period specified in the regulations.

Section 43Verify source

§ 4445Provision

A postal article counts as posted when deposited in a posting box or given to an authorised postal licensee employee or agent.

44.-(1) A postal article shall be deemed to have been posted if it is deposited into a posting box or handed over to an employee or agent of a postal licensee authorised to receive it. (2) Correspondences and postal items which have been posted shall remain the property of the sender until final delivery to the addressee or to the displayed address, except when they are apprehended by a competent authority. (3) A postal article shall be in the course of transmission by post from the time of its being posted with or handled over to the postal licensee to the time of its being delivered to the addressee, or its being returned to the sender or otherwise disposed of in accordance with this Act. 40 Electronic and Postal Communications Act [CAP. 306 R.E. 2022] Delivery of corresponden ce and postal item Prohibitions in postal services

Section 44Verify source

§ 4546Provision

A postal article counts as delivered when it is placed in the addressee’s private letter box or bag, left at the addressee’s house or office, given to the addressee or an authorised recipient, or left with a hotel or lodging proprietor/manager for a guest or resident.

45. For the purposes of this Act, a postal article shall be deemed to be delivered if it is delivered into the private letter box or private bag of the addressee or is left at the house or office of the addressee, or with the addressee, or with his employee, or agent, or other person authorised to receive it and, where the addressee is a guest or is resident at a hotel, hostel or lodging of a similar nature, if it is left with the proprietor or manager thereof or with his agent.

Section 45Verify source

§ 4647Provision

Postal licensees may refuse non-compliant mail, and public postal licensees must not handle listed prohibited items.

46.-(1) A postal licensee may refuse to accept correspondence or a postal item that does not fulfill the requirements established in this Act or by regulations made under it with regard to shape, weight, value, dimensions, franking, registration or address, safety, packaging, including the correct postcode. (2) The public postal licensee shall not receive, distribute or deliver anywhere in the United Republic or dispatch abroad any of the following articles- (a) correspondence or a postal item whose weight dimension, volume, shape, address franking or packaging is in breach of the regulations or the international conventions and accords approved by the United Republic; or (b) an explosive, a to hazard damage fetid, corrosive, radioactive, perishable, with other characteristic that may constitute other correspondence, postal items or constitute a hazard to public health and safety such as- (i) firearms or armaments of description; (ii) drug and other prohibited narcotic substances except those legally authorised or dispatched for medical or scientific purposes; (iii) live animals or plants except those international conventions allowed by ratified by United Republic; (iv) dead animals; (v) correspondence or postal items whose 41 Electronic and Postal Communications Act [CAP. 306 R.E. 2022] envelope, container or packaging contains words, image, drawing or other messages of an injurious, threatening or offensive nature; (vi) correspondence or postal items whose circulation in United Republic on export or imports is prohibited; or (vii) perishable foodstuffs. (3) Failure to comply with any of the provisions of this section shall entail the offending correspondence or postal item by the postal licensee or its apprehension by the competent authority, in accordance with the rules and without prejudice to the applicable administrative and penal sanctions. retention of (4) The sender shall be liable to the postal licensee for any damage caused by failure to comply with the portability requirements established in this Act, except in cases of error or negligence by the postal licensee involved in any of the activities inherent in postal services. (5) The correspondence or postal items subject to legal or fiscal formalities shall be accepted only under total and exclusive to compliance with such requirements. the sender’s part as liability on (6) The Authority may establish special rules regarding the packaging and safety of correspondence or postal items to enable them to be received, distributed or delivered in the situations to which this section refers. Power to make postal regulations

Section 46Verify source

§ 4748Provision

The Minister may make postal regulations to carry out this Act.

47.-(1) The Minister may make postal regulations for purpose of carrying out the provisions of this Act. (2) Without prejudice the generality of subsection (1), the Minister may make regulations for or with respect to all or any of the following matters- to (a) the classes and the conditions for the grant of postal licences by the Authority; and (b) the regulations of postal tariffs. Provision of postage stamps and

Section 47Verify source

§ 4849Provision

A public postal licensee may provide postage stamps of types and values it chooses, subject to the Authority’s directions, and the stamps must generally be used to prepay postage or other charges unless the licensee directs another payment method.

48.-(1) A public postal licensee may, subject to such directions as the Authority may give, cause postage 42 Electronic and Postal Communications Act [CAP. 306 R.E. 2022] power to make rules stamps to be provided of such kinds and denoting values as the licensee may determine. (2) The postage stamps provided under subsection (1) shall be used for the prepayment of postage or other fees or sums chargeable under this Act in respect of postal articles, except where licensee determines, directs that prepayment may be made in some other manner. the public postal (3) The Authority may make rules for the use of postage stamps as prepayment of fees or other sums chargeable under any written law by any Government agency for services rendered and the recovery of the revenue from the licensee. Philatelic materials

Section 48Verify source

§ 4950Provision

Philatelic archival materials made by a public postal licensee belong to the Government and must be kept in the custody the Authority directs.

49.-(1) All philatelic archival materials produced by a public postal licensee shall belong to the Government and shall be kept in such custody as the Authority directs. (2) For the purpose of subsection (1), philatelic archival material shall include- (a) postage stamps; (b) artworks, proofs, progressive sheets, printed sheets and printing plates of postage stamps; and (c) date-stamps, slogan dyes, and other artifacts used in connection with the production of postage stamps. Exemption from postal charges

Section 49Verify source

§ 5051Provision

The Authority may make rules exempting certain classes of persons, and specifically charitable letter-post items, from postal charges and related service fees.

50.-(1) The Authority may make rules as to the exemption of certain classes of persons from postal charges on letter-post items and fees or other charges payable for services rendered. (2) In particular and without prejudice to the generality of the foregoing power, the rules made under subsection (1), may exempt letter-post items for charitable purposes from postal charges. Power to make rules as to transmission

Section 50Verify source

§ 5152Provision

The Authority may make rules for posting postal articles, including supplementary services, fees, restrictions, and compensation.

51.-(1) The Authority may make rules as to the transmission by post of postal articles and in particular such rules may- 43 Electronic and Postal Communications Act [CAP. 306 R.E. 2022] by post of postal articles (a) provide for the performance of supplementary services in respect of transmission by post of postal articles; (b) prescribe the special charges or fees to be services supplementary the for charged provided; (c) prohibit the transmission by post of postal articles not specified in section 46 or lay down special conditions on which such articles may be transmitted by post; or (d) provide for the payment of compensation for the loss or damage in course of transmission by post of postal articles, and the conditions under which such compensation may be paid and the limit of the amount of such compensation. (2) For the purposes of this section, “supplementary services” includes the registration, insurance and storage of postal articles, Poste Restante and any other form of supplementary service.

Section 51Verify source

§ 5253Provision

A person must not send by post items that could injure people or postal articles, and must not send certain hazardous substances, protected-sharp instruments, or harmful living creatures. Narcotics are also banned unless allowed by rules made by the Authority.

52.-(1) A person shall not send by post any article or thing which is likely to injure any person or postal article in the course of transmission by post. (2) Except as otherwise provided by regulations made under this Act and subject to the condition as may be prescribed, no person shall send by post any explosive, inflammable, dangerous, filthy, noxious or deleterious substance, any sharp instrument not properly protected, or any living creature which is either noxious or likely to injure any person or any postal article in course of transmission by post. (3) A person shall not send by post opium, morphine, cocaine or any narcotic except under such rules as the Authority may make in this behalf. (4) Nothing in this section shall affect the provisions of any written law relating to deleterious drugs.

Section 52Verify source

§ 5354Provision

A person must not send certain indecent, obscene, offensive, or reused-stamp items by post, and the Authority may prohibit other articles.

53. A person shall not send by post any- (a) indecent printing, obscene or painting, 44 Transmission by post of anything injurious, etc prohibited Cap. 4 s. 8 Prohibition of transmission Electronic and Postal Communications Act [CAP. 306 R.E. 2022] by post of anything indecent Authority to make rules dealing with prohibited articles Obligation of licensee to inform Authority Disposal of postal articles forfeited under this Act lithograph, engraving, book or photograph, card, or any other indecent or obscene article; (b) postal article having or on the cover, have any words marks or designs of any indecent, obscene, seditious, scurrilous, threatening or grossly offensive character; (c) postal article bearing any fictions stamp or purporting to be prepaid with any postage stamp which has previously been used to prepay any other postal article or which has been previously used in payment of any stamp duty; or (d) other article which the Authority may prohibit.

Section 53Verify source

§ 5455Provision

The Authority may make rules to stop prohibited articles being sent or delivered by post and to detain, dispose of, or destroy them.

54. The Authority may make rules for preventing the sending and delivery of articles prohibited under this Act and detaining, disposing of, or destroying any such postal article sent or tendered for transmission by post.

Section 54Verify source

§ 5556Provision

If a licensee reasonably suspects a posted postal article is contrary to the Act, its rules, or any other written law, the licensee must immediately inform and hand over the article to the Authority or an authorised officer. An authorised officer must then detain the article for opening and examination.

55.-(1) Where a postal article sent by post is reasonably suspected by the licensee to be sent is in contravention of this Act, any rules made thereunder or any other written law, the licensee shall immediately inform and hand over such postal article to the Authority or any authorised officer. (2) On receiving the information made under subsection (1), an authorised officer shall detain such postal article for opening and examination.

Section 55Verify source

§ 5657Offence

The Authority or an authorised officer may direct how contravening postal articles are handled, including return, forwarding, forfeiture, destruction, or handover to customs.

56.-(1) Where a postal article opened or examined under this Act or of any other written law is found to be in contravention or to have been posted in contravention, the Authority or authorised officer may direct that the postal article be returned to the sender or forwarded to its destination, in each case charged with such additional postage, as the Authority may prescribe unless otherwise dealt with under subsections (2), (3), (4), and (5) of this section. (2) Any postal article sent by post contravenes 45 Electronic and Postal Communications Act [CAP. 306 R.E. 2022] Cap. 403 section 46 may, under the directions of the Authority or authorised officer, be forfeited and destroyed. (3) Any postal article sent by post which contravenes section 52 may, under the directions of the Authority or authorised officer, be destroyed. (4) Any postal article sent by post in contravention of section 53 shall be dealt with as the Authority may direct. (5) Notwithstanding any provisions in any written law to the contrary, where any postal article opened under this Act is found to be in contravention of the Customs (Management and Tariff) Act, shall be handed over to the customs Department to be dealt with in accordance with 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 of any such postal articles together with a memorandum of the contents thereof shall be made and preserved. (7) The detention, destruction or disposal under this Act of a postal article or its enclosure shall not relieve any person from liability for any offence under this Act or any other written law. Power to make rules as to disposal of undeliverable postal articles

Section 56Verify source

§ 5758Provision

The Authority may make rules about how undeliverable postal articles are handled.

57.-(1) The Authority may make rules as to the disposal of undeliverable postal articles. (2) The rules made under subsection (1) may- (a) prescribe the period during which undeliverable postal articles at a post office shall remain in that office; (b) provide for the publication of lists of undeliverable postal articles, or of any class of undelivered postal articles; and (c) provide for the manner in which undeliverable postal articles shall be finally dealt with or disposed of. 46 Electronic and Postal Communications Act [CAP. 306 R.E. 2022] Power to provide for postal financial services and to make rules thereon Powers of President in emergency or in national or public interest

Section 57Verify source

§ 58Postal licensee liability for losingProvision

The Authority may let the public postal licensee provide postal financial services and may make rules for those services.

58.-(1) The Authority may allow the public postal licensee to carry out postal financial services on its own account or on behalf of Government and Non-Government agencies and may make rules as to such services prescribing for. (2) For the purposes of this section, "postal financial services" includes money orders, postal orders, postal drafts, postal cheques, postal travellers’ cheques, giro, cash-on-delivery, and collection of bills, savings service, subscription to newspapers and periodicals and any other form of financial service.

Section 58Verify source

§ 59Powers of President in emergency or in national or public interestProvision

The President may, in an emergency or for national or public security, authorize postal restrictions and actions affecting postal licences, post offices, postal services, letters, and postal articles.

59.-(1) The President may, on occurrence of any event which gives rise to an emergency, or in the interest of national or public security, authorise the Authority to- (a) suspend the public postal licence of postal licensee and take temporary possession of any post office under the control of any such licensee; (b) withdraw either totally or partially the use of any postal service from any person or class of persons or from the public at large; or subject (c) order that any postal article or class of postal articles or any letter or class of letters to or from any person or class of persons or relating to any shall not be conveyed, specific intercepted, detained or delivered to any officer mentioned in the order to be opened, examined or dealt with in such a manner as the President may direct, or that postal article or postal articles or letter or letters or the contents thereof shall be disclosed to an officer mentioned in the order. (2) The President may also authorise any other public officer employed by the Government to carry out the powers conferred under subsection (1). (3) The licensee shall give all necessary assistance whenever required to do so by an officer carrying out any of the powers conferred under this section. 47 Electronic and Postal Communications Act [CAP. 306 R.E. 2022] PART IV COMPETITIVE PRACTICES AND CONDUCT (a) Anti-Competitive Practices and Conduct Anti- competitive practice and conduct

Section 59Verify source

Part

PART IV

§ 6061Offence

Dominant electronic and postal service licensees must not use their market power to harm rivals, block entry, or discriminate on fees, quality, or service conditions; the Authority may order them to stop conduct that causes undue preference or discrimination.

60.-(1) A dominant take advantage of its power in a market for the supply of electronic and postal services with a view to- licensee shall not (a) eliminating or substantially damaging another licensee in the market in which it operates or in any other market; (b) preventing the entry of any other person in that market or any other market; and (c) deterring any other licensee from engaging in competitive conduct in that or any other market. (2) A dominant licensee shall not discriminate between persons who acquire or make use of electronic communication service in the market in which he operates in relation to- (a) any fees or charge for the service provided; (b) the quality of service provided; or (c) any form or condition on which the service is provided. (3) Nothing in subsection (2)(a), shall prevent a dominant licensee from making a reasonable allowance, subject to the approval of the Authority, for the cost of providing an electronic and postal services where the difference results from - (a) different quantities in which the service is supplied; (b) different transmission capacities needed for the supply of the service; (c) different places from, or to which the service is provided; (d) different periods for which the service is provided; (e) different performance characteristics of the service provided; or 48 Electronic and Postal Communications Act [CAP. 306 R.E. 2022] (f) doing an act in good faith to meet a price or benefit offered by a competitor. (4) Where it appears to the Authority that a dominant licensee telecommunications systems provider is taking or intends to take any action which has or is likely to have the effect of giving an undue preference to or causing undue discrimination against any person or category of persons, the Authority may, after giving the dominant licensee concerned an opportunity to be heard, direct the licensee by written notice to cease or refrain from taking such action, as the case may be. (5) A person who contravenes any of the provisions of this section commits an offence and shall be liable on conviction to a fine not exceeding twenty thousand US dollars or its equivalent in Tanzania shillings. Powers of Authority on dominant licensee Electronic communicati ons licensees holding dominant position

Section 60Verify source

§ 61Anti-competitive practice and conductProvision

The Authority may determine whether an electronic communication licensee holds a dominant position in the relevant market.

61. The Authority shall have powers to determine dominant position of electronic communication licensee in the relevant market. (b) Competitive Practices

Section 61Verify source

§ 6263Interpretation

The Authority must publish an annual Gazette list of relevant communications markets and dominant licensees, issue guidelines on market definition and dominance, and may later modify the list with at least four weeks’ notice.

62.-(1) The Authority shall, not later than 31st December of each year, publish in the Gazette a list for the following calendar year of- (a) all electronic communications markets that will or are likely to exist; and (b) electronic licensees communications determined by the Authority to hold for each electronic communications market a dominant position. (2) The Authority shall determine an electronic communications licensee to hold a dominant position in a given electronic communications market for a given calendar year for the electronic communications market and the electronic communications licensee has more than thirty five percent, acting alone, be able to profitably and materially restrain or reduce competition. (3) The Authority shall produce and make public 49 Electronic and Postal Communications Act [CAP. 306 R.E. 2022] guidelines, for use by the Authority, on the manner of defining an electronic communications market and of determining whether a licensee holds a dominant position therein. (4) The Authority shall be entitled at any time, by in the Gazette, to modify for the notice published remainder of list published pursuant to subsection (1) of this section, subject to a notice period of at least four weeks. the calendar year concerned, any Prices for services to public offered by licensees holding dominant position

Section 62Verify source

§ 6364Provision

Dominant application service or content service licensees must submit proposed public prices and justifications to the Authority and must not charge those prices until approved.

63.-(1) Any application service licensee or content service licensee that has, for the calendar year in question, been deemed to hold a dominant position in a given electronic communications market in accordance with section 60 of this Act, shall, as concerns that electronic communications market- (a) submit to the Authority for its prior approval the prices it intends to charge to the public for each content applications applications service, together with a detailed justification of such prices; and service each and (b) refrain from applying the prices in question until they have been approved by the Authority in accordance with subsection (2). (2) Subject to subsection (4), the Authority shall issue a written decision approving or disapproving the prices so submitted, together with the reasons for such decision, within the submission. four weeks of the receipt of (3) The Authority shall base its decision on the extent to which the prices proposed by the licensee- (a) the principles set forth in section 31(2); (b) are reasonably cost oriented; and (c) meets criteria as the Authority may reasonably consider relevant. (4) The Authority may make reasonable requests for additional information from the applications service licensee or content service licensee concerned and, where it does so, the time limit set forth in subsection (2), shall 50 Electronic and Postal Communications Act [CAP. 306 R.E. 2022] recommence upon receipt of the additional information requested. Prohibition on entering into collusive agreement Prohibition on tying or linking arrangemen ts

Section 63Verify source

§ 6465Provision

A licensee must not enter into agreements or arrangements that provide for rate fixing, market sharing, or boycotts.

64. A into any understanding, agreement or arrangement, whether legally enforceable or not, which provides for- licensee shall not enter (a) rate fixing; (b) market sharing; (c) boycott of a supplier of apparatus; or (d) boycott of another competitor.

Section 64Verify source

§ 6566Provision

A licensee must not require a customer to buy or not buy another product or service as a condition of supplying a product or service in a communications market.

65. A licensee shall not, at any time or in any circumstances, make it a condition for the provision or supply of a product or service in a communications market in the that the person acquiring product or service communications market is also required to acquire or not to acquire any other product or service either from himself or from another person. Guidelines as to meaning of “dominant position”

Section 65Verify source

§ 6667Provision

The Authority may publish guidelines for identifying dominant licensees and may order a dominant licensee to stop conduct that substantially lessens competition, pay a fine, or take other remedies.

66.-(1) Subject to the provisions of this Act, the Authority may publish guidelines for determination of dominant licensees. (2) The guidelines may specify the matters which the Authority may take into account, including- (a) the relevant economic market; (b) global technology and commercial trends affecting market power; (c) the market share of the licensee; (d) the licensee’s power to make independent rate setting decisions; (e) the degree of product or service differentiation and sales promotion in the market; and (f) any other matters which the Authority deems fit. (3) Where the conduct of a dominant licensee has the effect or may have the effect of substantially lessening competition, the Authority may make an order requiring the dominant licensee to- (a) cease the said conduct; 51 Electronic and Postal Communications Act [CAP. 306 R.E. 2022] (b) impose a fine; and (c) impose any other appropriate remedy. Register of authorisations

Section 66Verify source

§ 6768Offence

The Authority must keep a register of current authorisations under this section.

67. The Authority shall maintain a register of current authorisations of a conduct under this section in accordance with provisions of this Act. Remedies for non- compliance Penalty for offences Regulatory forbearance

Section 67Verify source

§ 6869Provision

The Authority or a person may seek an interim or interlocutory 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 injunction cases.

68.-(1) The Authority or a person may seek an interim or interlocutory injunction against any conduct prohibited in this section. (2) A person shall obtain a certificate from the Authority for leave to proceed to the court for enforcement of the provisions of this section except in the case of an injunction.

Section 68Verify source

§ 69Electronic communications licensees holding dominant positionOffence

A person who breaches any prohibition under this Part commits an offence and may be fined, imprisoned, or both.

69. A person who contravenes any prohibition under this Part commits an offence and shall, on conviction, be liable to a fine of not less than five hundred thousand shillings or to imprisonment for a term of not less than five years or to both and shall be liable to a further fine of one thousand shillings for every day or part of a day during which the offence continues. (c) Regulatory Forbearance

Section 69Verify source

§ 70Regulatory forbearanceProvision

The Authority may choose not to apply certain rules to a licensee or class of licensees in a geographic market if consultation and public-interest conditions are met.

70.-(1) The Authority may forbear from applying to a licensee or a class of licensees, in any of its geographic markets, any provision of sub-part (b) and any regulation, declaration, guideline or other rule issued, if the Authority reasonably considers, after consultation with the Minister, that- (a) application of such provision, regulation, guideline or rule is not necessary for- (i) the protection of consumers; or (ii) the promotion of competition amongst licensees; and (b) forbearance from applying such provision, regulation, guideline or rule is consistent with the provisions of this Act. 52 Electronic and Postal Communications Act [CAP. 306 R.E. 2022] to (2) Where, pursuant the provision of subsection (1), if the Authority decides to forbear from applying any provision, regulation, guideline or rule, it shall, without undue delay, publish a notice of forbearance in the Gazette, setting forth the details of, and the reasons for the decision, and inviting interested parties to make submissions in relation to that decision within a period specified in that notice, but in any event not shorter than four weeks from the date of publication of that notice. (3) The Authority shall give due and proper consideration to any representation it may receive in accordance with subsection (2) and shall thereupon issue its final decision. (d) Spectrum Management Authority to manage and assign national radio frequency spectrum

Section 70Verify source

§ 7172Provision

The Authority has power to control radio frequencies, make rules for radio communications and equipment standards, classify stations, set operating conditions, require records and reports, and inspect licensed radio installations.

71.-(1) The Authority shall have powers to manage and control all radio communication frequencies spectrum or frequency channels and provide mechanisms governing allocation and assignment to persons for limited periods of time by issuing licences under conditions determined by the Authority. (2) The Authority shall make rules- (a) governing harmful communications; interference to other (b) establishing minimum performance standards of electronic appliances; in regard to manufacture, import, sale, shipment and use of such devices or appliances. (3) The Authority shall- (a) classify radio stations, prescribe the nature of service to be rendered by each station, assign bands of frequencies to each class of stations and assign frequencies and time during which it may operate; (b) make regulations to- (i) prevent interference between stations under this Act; (ii) require stations to maintain such records of 53 Electronic and Postal Communications Act [CAP. 306 R.E. 2022] or as communications Authority may deem necessary; and (iii) require stations to submit to the Authority reports as the Authority may require. signals the Powers to allocate, reallocate, assign etc (4) The Authority shall have power to inspect all radio installations associated with stations required to be licensed under this Act to ascertain whether they comply with the requirements of the regulations in regarding to construction, installation and operation.

Section 71Verify source

§ 7273Amendment

The Authority may control radio frequency channels by allocating, changing, suspending, or cancelling them, and affected users or licensees may make representations before some measures are taken.

72.-(1) Notwithstanding the provisions of any written law, compact, concession, contract, deed, deed of settlement, licence, memorandum of understanding or any other kind of agreement or provision to the contrary, the Authority shall, in the maintenance of its control over radio communication frequency channels have power to allocate, reallocate, assign, reassign, issue, reissue, redistribute, retrieve, suspend, cancel, or otherwise modify the distribution amongst users or licensees of any radio communication frequencies or frequency channels. spectrum or frequencies (2) The Authority may exercise the powers conferred by subsection (1) where- (b) in (a) as a result of any investigations or inquiry carried out by it or any other public authority; or its the ordinary course of performing functions, under this Act, pursuant to subsection (10); and (c) the Authority is of the view that it is necessary it the public or desirable exercises its powers in relation to any user or licensee communication frequencies or frequency channels. interest radio that any of in (3) Where the Authority carries out an investigation or inquiry pursuant to subsection (2)(a) and it is proved to its satisfaction licensee of a radio communication frequencies or frequency channels, who has had the opportunity to be heard by the Authority is- that a user or (a) utilising the radio communication frequencies 54 Electronic and Postal Communications Act [CAP. 306 R.E. 2022] spectrum or frequency channels for purposes other than those originally permitted; (b) not utilising the radio frequencies efficiently or effectively; radio the frequency (c) misusing, abusing or hoarding or frequencies communication channels or frequencies; in practices (d) engaging intended to drive competitors out of business or deter any other licensee or user from establishing a competitive business in the country or in any specific area or location within the country; (e) carrying out acts intended or likely to hurt, injure, infringe, harm or interfere with the radio frequency frequencies communication channels or frequencies of other users or licensees; or (f) using or operating a radio communication frequencies or frequency channels or frequency without having a licence issued under this Act; or (g) contravening any other conditions in relations to the assigned frequencies, the Authority shall exercise the power conferred by subsection (1) and in writing notify the user or licensee of a radio communication frequencies or frequency channels the decision of the Authority and direct him as to what he is supposed to do to comply with that decision. (4) When the Authority takes the measures under (3), no in pursuance of subsection subsection (6) compensation shall be paid by the Authority or any other authority to the user or licensee of radio communication frequencies or frequency channels. (5) Where in the ordinary course of performing its functions under this Act, pursuant to subsection (2)(b) or upon complaint to the Authority by a user or licensee of a radio communication frequencies or frequency channels or frequency or by any other authority, the Authority thinks it desirable to consider whether or not it shall exercise any of 55 Electronic and Postal Communications Act [CAP. 306 R.E. 2022] the powers under subsection (1) in relation to any user or licensee, it shall, by notice in writing, notify any person intended or likely to be affected by the exercise, stating- (a) the measure that it proposes to institute; and (b) the time not exceeding twenty eight days within which any party affected or likely to be affected may make representations to the Authority. (6) Where no representations are submitted by any person in response to any notice specified in subsection (5), the Authority shall proceed to institute measures under subsection (1). (7) Where any party makes representations to the Authority in pursuance of subsection (5), the Authority shall, within such representations, consider those representations including whether or not any compensation is payable under this Act, and may- fourteen days of receipt of (a) reject the representations or any of them; (b) amend the proposed measures in response to the representations; (c) decide to exercise any of the powers conferred by subsection (2); and (d) direct in writing the user or licensee of radio communication frequency frequencies channels or frequency concerned to give effect to the decision of the Authority. or (8) Upon receipt of a decision of the Authority on the representations pursuant to subsection (7), the user or licensee to whom the decision of the Authority relates, shall not institute any action in any court of law in relation to the said decision if- (a) he has not previously made any representations to the Authority; and (b) he institutes any action, it shall be in the High Court, and the action shall be on procedural issues or on grounds that the decision of the Authority was based on extraneous factors. (9) In exercising its powers conferred under subsection (1), the Authority may fix or prescribe the 56 Electronic and Postal Communications Act [CAP. 306 R.E. 2022] minimum or maximum number or amount of radio communication frequencies or frequency channels which any user or licensee may be granted for the purposes of this Act. (10) In the exercise of any power, the performance of any duty or the discharge of any right, privilege or obligation by any person or authority in pursuance of the provisions of this Act, shall always be regarded to the fact that all radio communication frequencies or frequency channels are national resource which is held in trust for the people by the Government, and maintained and controlled by the Authority for carrying out the purposes and provisions of this Act. (11) A person who is aggrieved by a decision of the Authority under this section may, within twenty eight days of the notice of the decision of the Authority, appeal to the High Court on procedural issues or on grounds that the decision of the Authority was based on extraneous factors. Prohibition to transfer frequency Offences

Section 72Verify source

§ 7374Provision

A person assigned radio frequency rights must not transfer the rights to use those frequencies to a third party.

73. A person to whom radio frequency have been assigned shall not be permitted to transfer the rights to use for to any such remuneration or otherwise. third party, whether frequency

Section 73Verify source

§ 7475Offence

A person who disobeys certain directions of the Authority commits an offence and may be fined; a wilful breach of licence conditions can lead to licence cancellation.

74.-(1) Any person who fails, neglects or refuses to comply with any directions of the Authority given under subsections (3), (6) or (7) of section 72 commits an offence. (2) Any person who commits an offence under subsection (1) shall, upon conviction, be liable to a fine of not less than two billion five hundred thousand million Tanzanian shillings and in case of a continuing offence to a further fine of not less than seventy five million Tanzanian shillings for everyday or part thereof during which the offence continues after conviction. (3) Notwithstanding the provisions of subsections (1) and (2), any person who wilfully contravenes or fails to comply with the conditions imposed on his licence granted 57 Electronic and Postal Communications Act [CAP. 306 R.E. 2022] this Act the use of a radio under communication frequencies or frequency channel, shall have his licence cancelled. in relation to Deposit before conviction

Section 74Verify source

§ 75Authority to manage and assign national radio frequency spectrumOffence

The Authority may require a frequency licence holder to provide a deposit or bond, and failure to comply is an offence.

75.-(1) The Authority may require any licensee who has been issued a frequency user licence to deposit an amount not exceeding one billion two hundred million Tanzanian shillings or execute a bond to be secured against the assets of a user or licensee of a similar amount to defray any cost or liability incurred by the Authority or any other person which may arise out of any criminal or civil process in relation to this Act. (2) Refusal or failure to pay the deposit or execute a bond under subsection (1) shall be deemed to be an offence against this subsection, and shall be punishable as a continuing offence. (3) Where a user or licensee is sentenced to pay a fine under this section, the court shall order forfeiture to the United Republic any deposit made or bond executed under this Act. (e) Spectrum Consultative Committee Establishment of Spectrum Consultative Committee

Section 75Verify source

§ 7677Provision

The Authority must establish a Spectrum Consultative Committee.

76.-(1) The Authority shall establish a Spectrum the Consultative Committee which shall consist of following members- (a) one member of the Board of the Authority who shall be the Chairman of the Committee; (b) four members appointed by the Authority consisting of experts of spectrum from the public sector, private sector, military and academic; (c) one senior officer of the Authority from the spectrum department responsible management who shall be the Secretary of the Committee; for (d) one senior lawyer of the Authority; and (e) one senior officer of the Authority from the department responsible for licensing. 58 Electronic and Postal Communications Act [CAP. 306 R.E. 2022] (2) The Authority may determine functions of the Committee which shall carry out the functions in relation to- (a) advise on National Spectrum issues; or (b) prepare issues for discussion at international fora. Powers of Authority in spectrum management

Section 76Verify source

§ 7778Provision

The Authority may manage and control radio spectrum, issue licences for allocation and assignment, make rules about use and interference, and set minimum performance standards for certain equipment.

77.-(1) The Authority shall have powers to manage and control all radio communication frequencies spectrum or frequency channels and provide mechanisms governing allocation and assignment to persons for limited periods of time by issuing licences under the conditions determined by the Authority. (2) The Authority shall make rules- (a) governing allocation, assignment and use of radio frequencies or frequency channels; (b) governing harmful interference to other radio communications stations and services; (c) establishing minimum performance standards of electronic equipment, appliances and devices in regard to manufacture, import, sale, shipment and use of such equipment, appliances or devices. (3) The Authority shall manage the radio frequency spectrum through the national frequency spectrum plan, under this Act.

Section 77Verify source

§ 78Establishment of Spectrum Consultative CommitteeProvision

The Authority manages the national frequency spectrum plan, can revise or replace it, and must publish notices and consult the public on spectrum assignment plans.

78.-(1) A national frequency spectrum plan developed by the Authority shall- (a) be divided into such number of frequency bands as the Authority deems appropriate for the purpose of regulating radio communications under this Act; (b) designate one or more bands the general purpose of to be used the primarily for Government; (c) specify the general purpose for which any other band may be used including the reservation of any band, whether for present or future use for 59 Spectrum allocation and assignment Act No. 12 of 2019 s. 5 Cap. 4 s. 8 Electronic and Postal Communications Act [CAP. 306 R.E. 2022] public or community purposes or for prevention or control of interference; the (d) provide for one or more purposes for which any part of a band and include any particular frequency or frequency channel which may be used whether with regard to a specified geographical area, period or otherwise; and (e) include such other matters as the Authority deems necessary to give full effect to the spectrum plan. (2) The Authority may develop 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. (3) The Authority may revise, vary or revoke a national frequency spectrum plan under subsection (2), and shall issue a public notice to that effect. (4) Where the Authority has developed a new national frequency spectrum plan under subsection (2) or has revised, varied or revoked any existing national frequency spectrum plan under subsection (1), the new national frequency spectrum plan or the revised, varied or revoked spectrum plan shall supersede the existing national frequency spectrum plan or to the extent of the revision, variation or revocation, as the case may be. (5) The Authority may make rules for spectrum assignment plan which shall consist of- (a) methods, procedures and timetable to be followed for issuing an assignment; (b) subdivision of the relevant frequency bands in the spectrum plan for the purposes of issuing an assignment; (c) amount of the frequency spectrum in relevant bands that is to be reserved for future use or for public or community services; (d) conditions which may be assignment to be issued; and included in an (e) any other matter as the Authority may deem 60 Electronic and Postal Communications Act [CAP. 306 R.E. 2022] necessary. (6) The spectrum assignment plan and any material modification of it shall be made available to the public for comment, and any comments received shall be considered by the Authority before issuing an assignment. (7) The procedures for spectrum assignments shall be determined by the Authority and may include the following- (a) the method of determining the price; (b) the method of payment of the assignment's fees; (c) the advertisement of the proposed assignment; (d) the potentiality of applications including the type of technology that may be used; (e) the intensity of demand; (f) the extent of spectrum usage; and (g) qualitative factors such as- (i) band quality; (ii) flexibility of band usage; (iii) availability of equipment for use in the band; (iv) ranges of band; and (v) any other matters as the Authority may deem necessary. (8) The Authority may modify or vary the spectrum assignment plan as it deems fit, under the provisions of Radio Communication and Frequency Spectrum Regulations. (9) The Authority shall- (a) classify radio stations, prescribe the nature of service to be rendered by each station, assign radio frequency bands to each class of station and the time during which it may operate; and (b) make rules with respect to- and (i) management prevention of interference between stations and to carry out the requirements under this Act; communication (ii) require stations of to radio maintain such records 61 Electronic and Postal Communications Act [CAP. 306 R.E. 2022] communications operations or signals as the Authority may deem necessary; (iii) require communication stations to submit the the Authority such reports as to Authority may require. (10) The Authority shall have power to- (a) inspect all wireless Network and radio installations associated with stations required to be licensed under this Act; and (b) ascertain whether the wireless networks and radio stations conform to the requirements of the regulations and licence conditions. (f) Numbering and Electronic Addressing Number and electronic address assignment

Section 78Verify source

Part

part of a band and include any particular

§ 7980Provision

The Authority must regulate electronic communication numbering and electronic addresses and ensure they are used efficiently.

79. The Authority shall regulate all electronic communication numbering and electronic addresses and ensure efficient use by- (a) performing proper planning, allocations and monitoring; (b) maintaining the and national electronic communication numbering electronic address register for all carriers and operators in respect of resources which have been assigned; the oversight management of country’s code Top Level Domain (ccTLD); and role on an (c) performing (d) maintaining electronic address assigned electronic numbers providers and their subscribers list. register of service to Assignment exception

Section 79Verify source

§ 8081Provision

The Authority may publish a Gazette declaration to exempt a person or class of persons from having to hold an individual assignment or a class assignment.

80.-(1) Notwithstanding the provisions of this Act, no assignment 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, exempt a person or class of persons from the requirement to hold an individual assignment or a class assignment. 62 Electronic and Postal Communications Act [CAP. 306 R.E. 2022] Prohibition to transfer numbers or electronic addresses

Section 80Verify source

§ 81Number and electronic address assignmentProvision

A person assigned electronic numbers or electronic addresses must not transfer the right to use them to anyone else.

81. A person to whom electronic numbers or electronic addresses have been assigned shall not be permitted to transfer his rights to use such numbers or electronic addresses to any third party, whether for remuneration or otherwise. (g) Technical Standards Technical standards for equipment connected to network

Section 81Verify source

§ 8283Provision

The Authority must establish and publish technical standards for regulated services, and it should consult affected parties and consider relevant international standards when doing so.

82.-(1) The Authority shall be responsible for the technical standards establishment and publication of relating to all regulated services in the United Republic. (2) In establishing such standards, the Authority shall- Approval and management of equipment connected to network Act No. 12 of 2019 s. 6 (a) where appropriate, seek submissions from other interested parties, in particular those persons likely to be most affected by the publication of such standards; and (b) participate in standardisation activities and take standards relevant due account of any prescribed by international organisations to which the United Republic belongs, such as the International Telecommunications Union and other sub-regional groupings.

Section 82Verify source

§ 83Technical standards for equipment connected to networkProvision

The Authority must approve equipment used to connect to an electronic communications network and must conduct type-approval testing and issue certificates when requested, subject to procedures and fees.

83.-(1) Any equipment to be used for connection to any electronic communications network for the purpose of receiving and, or transmitting electronic communication signals shall be approved by the Authority. the (2) Subject to applicable procedures and fees, the request of any electronic Authority shall, at communications licensee, equipment manufacturer or equipment supplier, conduct type approval tests, and issue type approval certificates, respect of electronic communications equipment intended for use in the United Republic. in (3) The Authority shall, approval of equipment, be guided by standards formulated by the Authority under this Act. in conducting type technical the (4) The Authority shall manage the electronic 63 Electronic and Postal Communications Act [CAP. 306 R.E. 2022] communications equipment end-of- life processes. (h) Central Equipment Identification Register (CEIR) Establishment of Central Equipment Identification Register

Section 83Verify source

§ 8485Provision

A Central Equipment Register must be established, and the Authority must maintain it within its structure as it sees fit.

84.-(1) There shall be established an equipment Identification register known as Central Equipment Register. (2) The register shall be maintained by the Authority within its structure as the Authority may deem fit. Cellular identification information

Section 84Verify source

§ 8586Provision

The Central Equipment Identification Register must maintain white, black, and grey lists for mobile telephone identification information.

85.-(1) The Central Equipment Identification Register shall maintain white list, black list and grey list. (2) White list shall hold information on any mobile telephone used in any networks. (3) Black list shall hold information of all reported lost or stolen or destroyed mobile telephone. (4) Grey list shall hold information of any pair that does not fit in the white or black list. (5) White, black and grey lists shall contain all unique mobile telephone number or as IMEI number pairs.

Section 85Verify source

§ 8687Provision

All cellular operators must capture each subscriber number and IMEI number pair generated in the network.

86. All cellular operators shall capture any pair of subscriber number and IMEI number generated in the network.

Section 86Verify source

§ 8788Provision

Each network services licensee must keep a sub-register of all entries submitted to the CEIR and update the black list.

87. Each network services licensee shall maintain a sub-register containing all the entries submitted to the CEIR and update black list.

Section 87Verify source

§ 8889Provision

A subscriber must report a lost mobile telephone to the serving network services licensee, and the licensee must make the related register changes.

88. A subscriber shall report loss of his mobile telephone to the serving network services licensee who shall accordingly effect such changes to the register.

Section 88Verify source

§ 89Establishment of Central Equipment Identification RegisterProvision

Subscriber information must be kept within the Authority.

89. Every subscriber information shall be kept within the Authority.

Section 89Verify source

§ 90Power of network services provider to blacklist stolen mobileProvision

Network services licensees must blacklist reported stolen, lost, or damaged mobile telephones, and licensees must have and publish a blacklisting procedure.

90.-(1) A network services licensee shall blacklist reported stolen, lost or damaged mobile telephones. (2) The procedure to blacklist reported stolen, lost 64 IM EI registration requirement Sub-register Loss of mobile telephone Keeping of data base Power of network services provider to Electronic and Postal Communications Act [CAP. 306 R.E. 2022] blacklist stolen mobile telephones or damaged mobile telephone shall include- (a) a consumer whose mobile telephone has been stolen, lost or damaged shall report to the network service licensee; or (b) the network services licensee shall block the SIM card and deactivate the stolen mobile telephone so that it cannot be used on any network in Tanzania. (3) All licensee shall create a procedure on blacklisting mobile telephone and publish for consumer information. (i) Subscribers Information

Section 90Verify source

§ 9192Provision

Application services licensees must send the Authority a monthly list of subscriber information, and the Authority must monitor the stored information and issue submission guidelines.

91.-(1) There shall be a database kept within the Authority in which all subscriber information shall be stored. (2) The Authority shall take charge of monitoring and supervision of the information stored in accordance with subsection (1). (3) Every application services licensee shall be required to submit to the Authority once a month a list containing its subscriber’s information. (4) The Authority shall issue guidelines on details of subscribers information to be submitted. Subscribers database List and information of dealers

Section 91Verify source

§ 92Subscriber’s databaseProvision

Application service licensees must keep records of dealers involved in SIM card selling or distribution and must send the Authority a verified nationwide list every month.

92.-(1) Every application service licensee shall keep and maintain records of all dealers engaged in selling or distribution SIM card. (2) Every application service licensee shall submit to the Authority once a month a verified list of dealers or outlet national wide which they engage. (j) Detachable SIM Card and Built-in SIM Card Mobile Telephone Registration SIM card registration

Section 92Verify source

§ 9394Provision

People who own or use a detachable or built-in SIM card mobile phone must register it. Sellers or providers must register it when supplying it, and authorised licensees, distributors, agents, or dealers must verify subscriber information and keep registration records.

93.-(1) Any person who owns or intends to use detachable SIM card or built- in SIM card mobile telephone 65 Electronic and Postal Communications Act [CAP. 306 R.E. 2022] Act No. 12 of 2019 s. 7 Provision of information shall be obliged to register SIM card or built- in SIM card mobile telephone. (2) A person who sells or, in any other manner, provide detachable SIM card or built- in SIM card mobile telephone to any potential subscriber shall, on selling or providing such SIM card, or built- in SIM card mobile telephone, register the same. (3) The application service licensee, distributor, agent or dealer authorised to sell or provide the detachable SIM card or built- in SIM card mobile telephone by the respective application service licensee or operator shall verify the information obtained from subscriber and retain in hard copy or electronically all information obtained during registration. (4) Registration and verification of SIM card or built- in SIM card mobile telephone shall be conducted in the manner provided the Electronic and Postal in Communication (SIM Card Registration) Regulations.

Section 93Verify source

§ 9495Provision

Before buying a detachable SIM card or built-in SIM card mobile telephone, a person must give the required section 93 information to the relevant seller or licensee.

94. Any person desiring to own and use detachable SIM card or built- in SIM card mobile telephone shall, before purchase thereof, avail to the application service licensee or to the authorized distributor, agent, dealer or any person selling or distributing the detachable SIM card or built- in SIM card mobile telephone all the information specified under section 93. Submission of information Act No. 12 of 2019 s. 8

Section 94Verify source

§ 9596Provision

Authorised distributors, agents, or dealers selling or distributing certain SIM-card mobile telephones must give the application services licensee all information and documents they obtain during distribution or registration.

95. An authorised distributor, agent or dealer dealing with selling or distributing the detachable SIM card or built- in SIM card mobile telephone shall submit to the respective application services licensee all the information and documents obtained during distribution or registration. Change of information

Section 95Verify source

§ 9697Provision

Any change to required SIM card mobile registration information must be registered with the network services licensee or operator within 15 days.

96. Any change to the information required in detachable SIM card and, or built- in SIM card mobile telephone registration shall be registered with the network services licensee or operator within fifteen days from the date of occurrence of such change. 66 Electronic and Postal Communications Act [CAP. 306 R.E. 2022] Sale, distribution by dealer and use by subscriber

Section 96Verify source

§ 97SIM card registrationOffence

Dealers must not sell or distribute detachable or built-in SIM card mobile phones without prior authorisation, and subscribers must use registered SIM cards and built-in SIM card mobile telephones.

97.-(1) A dealer shall not sell or distribute in any manner a detachable SIM card or built- in SIM card mobile telephone without prior authorisation of the respective application service licensee. (2) Every subscriber shall in pursuant to the provisions of this section use a registered SIM card and built- in SIM card mobile telephone. (3) Any subscriber or dealer selling or distributing detachable SIM card or built- in SIM card mobile telephone without prior authorisation of respective application service licensee commits an offence. (k) Duties of Network Service Licensee or Operator, Agents and Customers Duty of confidentiality

Section 97Verify source

§ 9899Provision

Certain people connected to an application service licensee must keep received information confidential, and they must not disclose customer information unless another written law authorizes it.

98.-(1) A person who is member, employee of application service licensee, or its agent, shall have a duty of confidentiality of any in accordance with the provisions of this Act. information received (2) A person shall not disclose the content of information of any customer received in accordance with the provisions of this Act, except where such person is authorised by any other written law. Disclosure of information by authorised person for official duties

Section 98Verify source

§ 99100. Duty to report theft, loss of mobile telephone or SIM cardProvision

A person must not disclose information obtained while exercising powers or performing duties under the Act, except in limited cases.

99. A person shall not disclose any information received or obtained in exercising his powers or performing his duties in terms of this Act except- (a) where the information is required by any law enforcement agency, court of law or other lawfully constituted tribunal; (b) notwithstanding the provision of this section, any authorised person who executes a directive or assist with execution thereof and obtains any knowledge communication may- information of of (i) disclose such information to another law officer to the extent that such disclosure is necessary for the proper performance of the official duties of the authorised person 67 Electronic and Postal Communications Act [CAP. 306 R.E. 2022] Duty to report theft, loss of mobile telephone or SIM card Duty to use registered mobile telephone and SIM card Duty to report change of ownership of mobile telephone or SIM card making or the law enforcement officer receiving the disclosure; or (ii) use such information to the extent that the proper such use is necessary for performance of official duties.

Section 99Verify source

§ 100Duty to report theft, loss of mobile telephone or SIM cardProvision

If a mobile telephone or detachable SIM card is lost, destroyed, or stolen, the owner must report it to police and the service provider; the reporter should receive written proof with a special number.

100.-(1) Where a mobile telephone or detachable SIM card is lost, destroyed or stolen, the owner of that equipment or detachable 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 whose network the owner subscribed. (2) Any authorised person, who receives the report provided in subsection (1), shall provide the reporter with written proof of the report which shall be accompanied with a special number. (3) The customer shall, at the time of filling a report, produce unique identity number of the lost, stolen or damaged detachable SIM card or mobile telephone.

Section 100Verify source

§ 101Duty to use registered mobile telephone and SIM cardProvision

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 telephone or detachable SIM card shall have a duty to register mobile telephone or detachable SIM card.

Section 101Verify source

§ 102Duty to report change of ownership of mobile telephone or SIMProvision

A person who owns, possesses, or controls a mobile telephone or detachable SIM card must report changes of ownership or possession, and if the device or SIM was previously owned by someone else, must register it under section 99.

102.-(1) Any person who owns, possesses or has control of mobile telephone or detachable SIM card shall have a duty to report any change of ownership or possession of mobile telephone or SIM card to the respective application services licensee or to the network, the owner is subscribed to. (2) Any person who owns, possesses or has control of mobile telephone or detachable SIM card which was previously owned by another person shall have a duty to register that said mobile telephone or detachable SIM card as provided for under section 99 of this Act. 68 Electronic and Postal Communications Act [CAP. 306 R.E. 2022] Regulations of content related matters Code of conduct for content service licensees (l) Content Regulations

Section 102Verify source

§ 103Regulations of content related mattersProvision

The Minister may make regulations, and the Authority may make rules, on content-related matters if acting on recommendation of the relevant committee.

103.-(1) The Minister may make regulations upon recommendation of the committee on content related matters. (2) In exercising its powers, the Authority acting upon recommendation of the content committee may make rules on content related matters.

Section 103Verify source

§ 104Code of conduct for content service licenseesProvision

Content service licensees must follow the code of conduct and must not provide indecent, obscene, false, menacing, or otherwise offensive content.

104.-(1) The code of conduct contemplated in this section shall- (a) be binding on all content service licensees; (b) prohibit the provision of content which is indecent, obscene, false, menacing or otherwise offensive in character. (2) Without derogating from the generality of subsection 1(b), the code of conduct shall be designed to achieve the following objectives- (a) the protection of children; (b) the exclusion of material likely to encourage or incite the commission of crime, from content provided by content service licensees; (c) the presentation of comprehensive, accurate and impartial news; (d) the presentation of religious material in a balanced and responsible manner; (e) the protection of the public against offensive and harmful content; (f) appropriate regulation of advertising and sponsorships; and (g) the prevention of communication methods or techniques that communicate a message to viewers or listeners, or otherwise influence their minds, without their being aware, or fully aware, of what has occurred, or that has the potential for doing so. Events of national interest

Section 104Verify source

§ 105Events of national interestProvision

The Authority must make rules or regulations about national-interest events, including rules to stop subscription content service providers from taking exclusive rights that block public broadcasting of those sporting events.

105.-(1) The regulations pertaining to the provision of content regarding events of national interest shall- 69 Electronic and Postal Communications Act [CAP. 306 R.E. 2022] (a) be designed to ensure that content regarding events of national interest shall be reasonably accessible public simultaneously with the occurrence of such the events or without undue delay after occurrence of such events; to members the of (b) clearly identify the nature of events that fall to be categorised as events of national interest; and (c) not interfere unduly with the commercial affairs of content service licensees. (2) Events of national interest shall include, but not be restricted to significant sporting events that are of interest or importance to a substantial proportion of mainland Tanzanian society. (3) The Authority shall make rules or regulations to regulate subscription content service provider from acquiring exclusive rights that prevent or hinder the public broadcaster from broadcasting sporting events that are of national interest. News and current affairs

Section 105Verify source

§ 106News and current affairsProvision

Regulations for news and current affairs must ensure content service licensees provide news regularly and that it is accurate, balanced, impartial, and fair.

106.-(1) The regulations relating to news and current affairs shall be made to ensure that content service licensees provide news and information on current affairs- (a) on a regular basis; (b) that is accurate, balanced, impartial and fair; and (c) dealing with international, regional, national and, where appropriate, local matters. (2) The regulations relating to news and current affairs shall give due regard to the commercial interests of content service licensees. Original and independent productions of local content

Section 106Verify source

§ 107Original and independent productions of local contentProvision

The regulations on local content and original productions are to promote content production in Mainland Tanzania and limit excessive provision of irrelevant or already publicly available content by content service licensees.

107.-(1) The regulations pertaining to local content, independent and original productions shall be made to- (a) stimulate the production of content in Mainland Tanzania; (b) prevent the excessive provision by content applications service licensees of- (i) content that is not relevant to, or not 70 Electronic and Postal Communications Act [CAP. 306 R.E. 2022] to the development of, as conducive appropriate, Mainland Tanzanian society; and (ii) which is already, or has previously been made, available to the public. (2) The regulations pertaining to local content, independent and original productions may specify- (a) the extent to which content service licensees shall provide and shall include- content produced (i) the in Mainland Tanzania; (ii) the content produced by independent producers; and (iii) the content of an original nature; (b) the times of the day or week when such content is provided. Use of official language Advertising and sponsorship

Section 107Verify source

§ 108Use of official languageProvision

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 promotion of the use of official languages in a content provided by content service licensees.

Section 108Verify source

§ 109Advertising and sponsorshipProvision

The Authority may make rules about advertising and sponsorship, including restrictions on political advertising and on how much advertising a content service licensee may carry.

109. Without derogating from the generality of the power of the Authority to make rules, pertaining the advertising and sponsorships of such rules it may include the following provisions- (a) prohibiting, or restricting regulating advertisements of specified goods, products, services, activities, prohibiting, restricting or regulating specified forms and methods of advertising or sponsorship; (b) prohibiting, restricting or otherwise regulating political advertising; (c) restricting or otherwise regulating the extent of coverage of advertising and sponsorships which a content service licensee may give in the provision of its service, including, but not limited to- (i) the maximum amount of to be allocated to advertisements in any hour or time 71 Electronic and Postal Communications Act [CAP. 306 R.E. 2022] other period; (ii) the minimum between any advertising; interval which elapse two periods allocated to Content of educational nature (iii) the number of such periods to be allowed in any hour or day; (iv) the prominence that may be given to advertisements or sponsorships; and (v) the exclusion of advertisements or sponsorships from a specified part of a licensed service.

Section 109Verify source

§ 110Content of educational natureInterpretation

The Authority may make rules requiring content service licensees to provide a specified proportion of educational content.

110.-(1) The rules made by the Authority in relation to the provisions of content of an educational nature may impose an educational obligation on content service licensees, or on certain specified classes of content service licensees, to ensure that a specified proportion of content provided by each one of them constitutes content of an educational nature. (2) The rules contemplated in subsection (1) shall- (a) include an appropriate definition of the term “content of an educational nature”; (b) specify the extent to which content service licensee- (i) shall be obliged to finance the production of content of an educational nature; and (ii) may acquire and provide content of an educational nature produced by other persons; (c) include provisions designed to ensure that content of an educational nature provided by content service licensee; (d) require content service licensees, or specified classes of content applications service licensees, to ensure that a specified proportion of the content provided by them constitutes content of an educational nature are- (i) of high quality; and (ii) suitable to meet needs and the 72 Electronic and Postal Communications Act [CAP. 306 R.E. 2022] Content designed for visually impaired and hearing impaired persons requirements of Mainland Tanzanian society; (e) may distinguish between different categories of content of an educational nature and impose differential obligations on content service licensees in relation to such categories.

Section 110Verify source

§ 111Content designed for visually impaired and hearing impairedProvision

The Minister may make regulations about accessible content for people with sight or hearing impairments.

111.-(1) The regulations made by the Minister relating to the provision of content designed to cater for the needs and interests of persons with sight or hearing impairments may determine the following: (a) the extent to which content service licensees, or certain specified classes of content service licensees, shall promote the understanding and enjoyment of content provided by such content service licensees by persons- (i) who are deaf or hard of hearing; (ii) who are blind or partially sighted; and (iii) with a dual sensory impairment; (b) the means by which such understanding and enjoyment should be promoted; and (c) different classes of content to which such regulations or rules shall apply. (2) The content by persons of the nature described in paragraph (a) of subsection (1) shall include- (a) accompaniment of content by subtitling; (b) accompaniment of content by audio-description for the blind; or (c) translation of content into sign language. (3) In making rules under Authority shall have regard to the following: this section, the (a) the extent of the benefit which is conferred by the relevant form of assistance for disabled people; (b) the size of the intended audience or recipients of the content concerned; (c) the number of persons who would be likely to benefit from the relevant form of assistance, and the extent of the likely benefit to them; (d) the technical difficulty of providing the relevant 73 Electronic and Postal Communications Act [CAP. 306 R.E. 2022] form of assistance; and (e) the cost of providing assistance. the relevant form of Content of political nature

Section 111Verify source

§ 112Content of political natureProvision

The Minister may make regulations about political content, but those regulations must not stop content service licensees from providing it and must stay consistent with the Constitution.

112.-(1) Any regulation made by the Minister in relation to the provision of content of a political nature, other than political advertising, may- (a) not prohibit content service licensees from providing content of a political nature; Cap. 2 Counter- versions (b) regulate the provisions of content of a political nature by content service licensees in a manner fundamental which objectives, directives, principles, basic rights and duties set out in Parts II and III of the Constitution of the United Republic. is consistent with the (2) The regulation under subsection (1) may differentiate between different classes of content services licensees and may establish differential standards in respect of the provision of content of a political nature by such classes of content service licensees.

Section 112Verify source

§ 113Counter-versionsProvision

A content service licensee must broadcast a qualifying counter-version when a person affected by a false factual assertion requests it, but only if the request meets the section’s limits.

113.-(1) A content service licensee shall broadcast a counter-version presented by any person affected by an assertion of fact in any programme transmitted by that licensee, if the person concerned claims that the assertion of fact is in fact false. (2) Notwithstanding the provision of subsection (1), a content service licensee shall not transmit a counter- version where- (a) the person or organisation concerned has no direct interest in the transmission of the counter- version; or (b) the counter- version is not of reasonable length, and in particular, if it is substantially longer than the part of the broadcast which dealt with the false assertion of fact. (3) The counter-version referred to in subsection (1) shall- (a) be limited to a factual account; 74 Electronic and Postal Communications Act [CAP. 306 R.E. 2022] (b) not contain any material which may reasonably be anticipated to expose the content service licensee to legal action if such material were to be broadcasted; (c) be made in writing; (d) specify the programme and the assertions to which objection is raised; and (e) be signed by the person affected or, in the case of an organisation, by the chief executive officer. (4) A person or body of persons affected shall not be entitled to insist on the transmission of a counter-version as contemplated in subsection (1) where the counter- version is presented to the content service licensee after the expiry of a period of thirty days from the date of broadcast of the false assertion of fact. (5) The content service licensee shall, subject to the provisions of subsections (2) and (4)- (a) at the first opportunity, but not later than ten days from receipt of a counter-version referred to in subsection (1), broadcast the counter- version within same programme or programme section as the one in which the false assertion was made and at the same time of day or, not be possible, at time equal in value to that of the programme objected to; the (b) broadcast the counter-version without any omissions and interruptions; and (c) broadcast the counter-version free of charge. (6) A content service licensee shall, immediately upon receipt of in the counter-version subsection (1), inform the Authority of that fact, and shall keep and store the programme objected to and the counter- version until the content service licensee receives a notice to the contrary from the Authority. referred to (7) This section shall not apply to a broadcast of a public meeting or of the National Assembly. 75 Electronic and Postal Communications Act [CAP. 306 R.E. 2022] PART V ENFORCEMENT Powers to take enforcement measures

Section 113Verify source

Part

PART V

§ 114Powers to take enforcement measuresProvision

The Authority may take enforcement measures against a person who contravenes licence conditions, regulations, or provisions of the Act.

114. The Authority may take enforcement measures against any person who contravenes licence conditions, regulations and provisions of this Act. Powers to inspect

Section 114Verify source

§ 115Powers to inspectOffence

The Authority can appoint someone to inspect under the Act, and inspectors or authorised officers can inspect certain service stations, offices, licences, equipment, and premises used by licensees.

115.-(1) The Authority may appoint any person to carry out inspection for the purposes of this Act. (2) An inspector or authorised officer of the Authority may carry out an inspection of an electronic communication service station, postal services station or office and either licence issued under this Act, plant, apparatus or premises used by licensees to provide the licensed services. PART VI OFFENCES AND PENALTIES (a) Offences Relating to Electronic Communications Failure to observe licence requirements Act No. 6 of 2021 s. 7

Section 115Verify source

Part

PART VI

§ 116Failure to observe licence requirementsOffence

A person must not carry out certain network and communications activities without the required licence, and doing so is an offence.

116.-(1) Any person who installs, operates, constructs, maintains, owns or makes available network facilities without obtaining any relevant individual licence, commits an offence and shall be liable upon conviction to a fine of not less than five million Tanzanian shillings or imprisonment for a term of not less than twelve months or to both. (2) Any person who provides network services without obtaining any relevant individual licence, commits an offence and shall be liable upon conviction to a fine of not than six million Tanzanian shillings or imprisonment for a term of not less than twelve months or to both. less (3) Any person who- (a) provides application services without having first obtained any relevant individual licence; (b) provides content services without having first obtained any relevant individual licence, or any 76 Electronic and Postal Communications Act [CAP. 306 R.E. 2022] relevant class licence; (c) imports or distributes electronic communication equipment or apparatus or; establishes, installs, maintains electronic operates and imports non-type communication system or approved electronic communication equipment or apparatus into the United Republic without a licence, an commits an offence and shall be liable upon conviction to a fine of not less than five million Tanzanian shillings or imprisonment for a term not less than twelve months or to both. Failure to observe assignment requirements Act No. 12 of 2019 s. 9 relevant

Section 116Verify source

§ 117Failure to observe assignment requirementsOffence

Using radio frequency spectrum or certain electronic identifiers without the required assignment is an offence, with fines, possible imprisonment, and licence cancellation for licence-condition breaches.

117.-(1) Any person who uses radio frequency individual spectrum without obtaining any assignment, commits an offence and shall be liable upon conviction to a fine of not less than two billion five hundred shillings or imprisonment for a term of not less than twelve months or to both and incase of continuing offence, to a fine of not less than seventy five million Tanzanian shillings for everyday during which the offence continues. thousand million Tanzanian (2) Notwithstanding the provision of subsections (1) and (3) any person who willfully contravenes or fails to comply with the conditions imposed on his licence granted radio under communication channel or frequency, shall have his licence cancelled. the use of this Act relation to in (3) Any person who uses one or more numbers or relevant electronic addresses without obtaining any individual assignment or class assignment, commits an offence and shall upon conviction be liable to a fine of not less than five million Tanzanian shillings or imprisonment for a term not less than twelve months or to both, and shall be liable to a fine of seven hundred and fifty thousand Tanzanian shillings for everyday during which the offence continued. 77 Electronic and Postal Communications Act [CAP. 306 R.E. 2022] Penalty for transmission of obscene communica- tion Act No. 12 of 2019 s. 10

Section 117Verify source

§ 118Penalty for transmission of obscene communicationOffence

A person commits an offence by using network or application services to send or provide obscene, indecent, false, menacing, or offensive communications, or by allowing such services under their control to be used for a listed activity.

118. Any person who- (a) by means of any network facilities, network services, applications services or content services, knowingly makes, creates, or solicits or initiates the transmission of any comment, request, suggestion or other communication which is obscene, indecent, false, menacing or offensive in character with intent to annoy, abuse, threaten or harass another person; using any communication applications services, whether continuously, during which otherwise, repeatedly communication may or may not ensue, with or without disclosing his identity and with intent to annoy, abuse, threaten or harass any person at any number or electronic address; (c) by means of any network services or applications service provides any obscene communication to any person; or (b) initiates or a (d) permits any network services or application services, under the person’s control to be used for an activity described in section 117 (3), commits an offence and shall, upon conviction, be liable to a fine of not less than five million Tanzanian shillings or imprisonment for a term not less than twelve months, or to both and shall also be liable to a fine of seven hundred and fifty thousand Tanzanian shillings for every day during which the offence continued. Penalty for failure to obtain radio frequency spectrum licence

Section 118Verify source

§ 119Penalty for failure to obtain radio frequency spectrum licenceOffence

A person who uses radio frequency spectrum without first getting the relevant class licence commits an offence and can be fined or imprisoned.

119. Any person who uses radio frequency spectrum without having first obtained any relevant class licence commits an offence and shall be liable upon conviction to a fine of five million Tanzanian shillings or imprisonment for a term of not less than twelve months or to both fine and imprisonment and in case of a continuing offence to a fine of not less than one million five hundred thousand Tanzanian shillings. Penalty for

Section 119Verify source

§ 120Penalty for interception of communicationsOffence

A person without lawful authority must not intercept, disclose, or use communications, or help someone else do so.

120. Any person who, without lawful authority 78 Electronic and Postal Communications Act [CAP. 306 R.E. 2022] interception of communica- tions under this Act or any other written law- (a) intercepts, attempts to intercept, or procures any other person to intercept or attempt to intercept any communications; (b) discloses, or attempts to disclose to any other person the contents of any communications, knowingly or having reason to believe that the the information was interception in of contravention of this section; or communications obtained through any (c) uses, or attempts to use the contents of any communications, knowingly or having reason to believe information was obtained through the interception of any communications in contravention of this section, that the commits an offence and shall, on conviction, be liable to a fine of not less than five million Tanzanian shillings or to imprisonment for a term of not less than twelve months, or to both. Authorised person discloses interception to others

Section 120Verify source

§ 121Authorised person discloses interception to othersOffence

The section makes it an offence for an authorised person to intentionally disclose intercepted communications in the listed circumstances, with a minimum fine or prison term on conviction. It also allows certain provider staff to intercept, disclose, or use communications in the normal course of work, but restricts random monitoring unless for mechanical or service quality control or checks.

121.-(1) Any person who is authorised under this Act intentionally discloses, or attempts to disclose, to any the contents of any communications, other person intercepted by means authorised by this Act- (a) knowing or having reason to believe that the the in information was interception of connection with a criminal investigation; communications obtained through such (b) having obtained or received the information in connection with a criminal investigation; or (c) improperly obstructs, impedes, or interferes with a duly authorised criminal investigation, commits an offence and shall, on conviction, be liable to a fine of not less than five million Tanzanian shillings or to imprisonment for a term of not less than twelve months or to both. (2) It shall be lawful under this Act for an officer, employee or agent of any network facilities provider, network service provider, application service provider or 79 Electronic and Postal Communications Act [CAP. 306 R.E. 2022] content service provider whose facilities or services are used in communications, to intercept, disclose, or use those communications in the normal course of his employment while engaged in any activity which is a necessary incident to the performance of his facilities or services or to the protection of the rights or property of the provider of the facilities or services, but the provider shall not utilise the facilities or services for observing or random monitoring unless it is for mechanical or service quality control or checks.

Section 121Verify source

§ 122Penalty for fraudulent use of network facilities, network services,Offence

A person must not use or create network-related communications, services, or systems dishonestly to avoid payment of applicable fees; doing so is an offence.

122. Any person who- (a) dishonestly transmits or allows to be transmitted any communication or obtains a service facilities provided by a network provider, provider, services applications services provider or content services provider with intent to avoid payment of any rate or fee applicable to the provision of that facility or services; or licensed network (b) posseses, obtains or creates a system designed to fraudulently use or obtain any network facilities, network service, applications service or content service, commits an offence and shall, on conviction, be liable to a fine of not less than five million Tanzanian shillings or to imprisonment for a term not less than two years or to both.

Section 122Verify source

§ 123PenaltyOffence

Interfering with or obstructing electronic communications without probable cause is an offence and can lead to a fine, prison, or both.

123.-(1) Any person who without probable cause, interferes with or obstructs the transmission or reception of any electronic communications commits an offence and upon conviction shall be liable to a fine of not less than five million Tanzanian shillings or to imprisonment for a term not less than two years or to both. (2) When a court is convicting a person of an offence under this section may, in addition to any penalty that may impose, order forfeiture to the Authority of any electronic communication equipment or other material in relation to or in connection with the means the offence was 80 Penalty for fraudulent use of network facilities, network services, applications services and content services Penalty for interference of transmission of electronic communica- tions Electronic and Postal Communications Act [CAP. 306 R.E. 2022] committed. (3) Not withstanding subsection (2), no order for forfeiture shall be made by the court where it is proved that the electronic communication equipment in question is not owned by the person so convicted. Establishment of National Computer Emergency Response Team Act No. 14 of 2015 s. 53

Section 123Verify source

§ 124Establishment of National Computer Emergency Response TeamOffence

This section establishes a national CERT to coordinate cyber security incident response and cooperate with regional and international bodies; the Minister may make regulations about CERT’s composition and duties.

124.-(1) There is hereby established a National Computer Emergency Response Team (CERT), which shall coordinate response to cyber security incidents at the national level and cooperate with regional and international entities involved with the management of cyber security incidents. (2) The Minister may make regulations with respect to the composition and duties of CERT. (b) Offences and Penalties Relating to SIM Card Sale, transfer, or disposal of SIM cards without authority of network service licensee

Section 124Verify source

§ 125Sale, transfer or disposal of SIM cards without authority ofOffence

A dealer or other person must not sell or distribute a SIM card without authorisation from the appropriate network service licensee.

125. Any dealer or person who sells or distributes any SIM card without authorisation of the appropriate network service licensee shall be guilty of an offence and be liable on conviction to a fine of seven million Tanzanian shillings or to imprisonment for a term of two years or to both. Failure to give satisfactory account of mobile telephone or SIM card Absence of reasonable cause for believing mobile telephone or SIM card properly acquired

Section 125Verify source

§ 126Failure to give satisfactory account of mobile telephone or SIMOffence

A person found with a mobile phone or SIM card reasonably suspected to be stolen, and who cannot satisfactorily explain possession, commits an offence.

126. Any person who is found in possession of any mobile telephone or SIM card in regard to which there is reasonable suspicion that it has been stolen and is unable to give a satisfactory account of such possession, commits an offence and is liable on conviction to a fine not exceeding five hundred to imprisonment for a term not exceeding three months. thousand Tanzanian shillings or

Section 126Verify source

§ 127Absence of reasonable cause for believing mobile telephone orOffence

A person who acquires or receives a stolen mobile telephone or SIM card without reasonable cause to believe the transfer was legitimate commits an offence.

127.-(1) Any person who in any manner acquires or receives into his possession from any other person a stolen mobile telephone or SIM card without having reasonable cause to believe that at the time of such acquisition or receipt that mobile telephone or SIM card was the property of the person from whom he acquires or receives it or that 81 Electronic and Postal Communications Act [CAP. 306 R.E. 2022] person has been duly authorised by the owner to deal with it or dispose of, is guilty of an offence. (2) In the absence of evidence to the contrary which raises a reasonable doubt, proof of such possession is sufficient evidence of the absence of reasonable doubt. (3) Any person who commits an offence under this section shall, on conviction, be liable to a fine of seven million Tanzanian shillings or to imprisonment for a term of two years or to both.

Section 127Verify source

§ 128Failure to report loss or theft of mobile telephone or SIM cardOffence

A person must report the loss, theft, or destruction of a mobile telephone or SIM card; failing to do so is an offence.

128.-(1) Any person who fails to report the loss, theft or destruction of a mobile telephone or SIM card commits an offence. (2) Whenever a person is charged with an offence under subsection (1) and it is proved that such person was, at the time, the owner or authorised possessor of the mobile telephone or SIM card alleged to have been lost, stolen or destroyed, proof that the person has failed to produce such mobile telephone or SIM card within seven days of a written request by a police or other law enforcement officer, shall, in the absence of evidence to the contrary which raises reasonable doubt, be sufficient evidence that the mobile telephone or SIM card has been lost, stolen or destroyed. (3) Any person who commits an offence under this section shall, on conviction, be liable to a fine of three hundred thousand shillings but not more than five hundred thousand Tanzanian shillings or to imprisonment for a term of six months or to both.

Section 128Verify source

§ 129Tampering with mobile telephone and SIM cardOffence

A person who intentionally and unlawfully tampers with, reverse engineers, decompiles, disassembles, or otherwise interferes with a mobile telephone or SIM card commits an offence.

129. Any person who, intentionally and unlawfully in any manner- (a) tempers, modifies, alters, reconfigures or interferes with mobile telephone or SIM card or any part thereof; and (b) reverse engineers, decompiles, disassembles or interferes with mobile telephone or SIM card, or any part thereof, commits an offence and shall be liable on conviction to a 82 Failure to report loss or theft of mobile telephone or SIM card Tampering with mobile telephone and SIM card Electronic and Postal Communications Act [CAP. 306 R.E. 2022] fine of imprisonment for a term not exceeding ten years or both. thirty million Tanzanian shillings or to Recording sale of mobile telephone and SIM card Use of unregistered SIM card Act No. 12 of 2019 s. 11

Section 129Verify source

§ 130Recording sale of mobile telephones and SIM cardOffence

Anyone who sells or supplies a mobile telephone or SIM card must first record the buyer’s particulars as required by section 102, or commits an offence.

130.-(1) Any person who sells or in any other manner provides, any mobile telephone or SIM card to any other person, natural or legal, without recording the particulars of that person as required by section 102 of this Act, commits an offence and on conviction shall be liable to a fine of three million Tanzanian shillings or to imprisonment for a term of twelve months or to both. (2) Where the offender is a network service licensee or operator it shall be liable to a fine of fifteen million Tanzanian shillings. (3) Where the offender is an employee of the network service licensee or a legal person, he shall be liable to the same penalty as provided under subsection (1).

Section 130Verify source

§ 131Use of unregistered SIM CardOffence

Using an unregistered SIM card, or causing one to be used, is an offence and can lead to fines or imprisonment.

131.-(1) Any person who knowingly and with intent to defraud uses an unregistered SIM card or built in SIM card mobile telephone or in any manner, misuses SIM card, commits an offence and shall, upon conviction, be liable to a fine not less than three million Tanzanian shillings or imprisonment for a term of not less than six months or to both. (2) A service provider, distributor, agent or dealer authorised to sell or distribute the detachable SIM card, or built- in SIM card mobile telephone, who in any manner causes to be used unregistered SIM card, commits an offence and shall, upon conviction, be liable to a fine of less than ten million Tanzanian shillings or imprisonment for a term of twenty four months or to both and where the commission of offence continues, the offender shall be liable to a fine of seven hundred and fifty thousand the Tanzanian shillings for each day during which commission of offence continues. False information or statement

Section 131Verify source

§ 132False information or statementOffence

A person commits an offence if they give information or make a statement knowing it is false, incorrect, or misleading, or not believing it to be true.

132. Any person who furnishes information or makes a statement knowing that such information or statement is false, incorrect or misleading or not believing 83 Electronic and Postal Communications Act [CAP. 306 R.E. 2022] Obstruction to perform duties it to be true, commits an offence and shall be liable on conviction to a fine of three million Tanzanian shillings or to imprisonment for a term of twelve months or to both.

Section 132Verify source

§ 133Obstruction to perform dutiesOffence

A person must not obstruct, hinder, or interfere with an authorised person carrying out directions under the Act; doing so is an offence.

133. Any person who obstructs, hinders or interferes with an authorised person to execute any direction issued under this Act or assists with the execution liable on thereof, commits an offence and shall be conviction to a fine not exceeding three million Tanzanian shillings or to imprisonment for a term of twelve months or to both. Offence of allowing use of black listed phone

Section 133Verify source

§ 134Offence of allowing use of blacklisted phoneOffence

A network service licensee must not let any blacklisted mobile phone operate, or it commits an offence.

134. Any network service licensee who allows any black listed mobile telephones to operate commits an offence and shall be liable on conviction to a fine of seventy five million Tanzanian shillings or imprisonment for a term of five years or to both. Tampering with blacklisted phones Cap. 4 s. 8 No prosecution if acts in course of employment or in good faith Prohibitions in respect of radio communicati on and electronic communicati on equipment Act No. 6 of 2021 s. 8 Cap. 4

Section 134Verify source

§ 135Tampering with blacklisted phonesOffence

A person must not physically or electronically tamper with a blacklisted mobile telephone.

135. Any person who physically or electronically tempers with any blacklisted mobile telephone commits an offence and shall be liable on conviction to a fine of one million five hundred thousand Tanzanian shillings or imprisonment for a term of five years or to both.

Section 135Verify source

§ 136No prosecution if acts in course of employment or in good faithProvision

A person is not liable to prosecution for a contravention of the Act when acting in the course of employment or when helping an authorised person in good faith and believing that person is acting under the Act.

136. A person shall not be liable to prosecution for a contravention of this Act if he acts in the course of his employment or in good faith assists an authorised person and believes that such authorised person is acting in accordance with this Act.

Section 136Verify source

§ 137Prohibitions in respect of radio communication and electronicOffence

A person must not possess radio communication equipment unless it is in accordance with a licence issued under the Act.

137.-(1) A person shall not possess any radio communication equipment except in accordance with a licence issued under this Act. (2) Any person who contravenes or fails to comply with subsection (1), commits an offence. (3) For the purpose of this section, the term “radio communication equipment” means- (a) SIM Box; (b) signal jarmer equipment; or 84 Electronic and Postal Communications Act [CAP. 306 R.E. 2022] s. 8 (c) any other related equipment that is capable of facilitating- (i) signal jarming; or (ii) the passing of traffic. (c) Offences Relating to Postal Communications Penalty for operating without postal licence

Section 137Verify source

§ 138Penalty for operating without postal licenceOffence

A person must not handle letters or postal articles outside the terms of a valid postal licence, and doing so is an offence.

138. Any person who- (a) conveys, otherwise than in accordance with the terms of a valid postal licence, and letter or postal article; (b) performs any service incidental to conveying, otherwise than in accordance with the terms of a valid postal licence, any letter or postal article; (c) sends, tenders or delivers in order to be sent otherwise than in accordance with the terms of a valid postal licence, any letter or postal article as aforesaid; and (d) makes a collection of letters or postal articles as aforesaid for the purpose of sending them otherwise than in accordance with the terms of a valid postal licence, commits an offence and shall, upon conviction, in case of a first offence, to a fine of not less than five hundred the case of a thousand Tanzanian shillings and subsequent offence, to a fine not exceeding four hundred and fifty million Tanzanian shillings for every day during which the offence continue. in Penalty for transmission of prohibited articles

Section 138Verify source

§ 139Penalty for transmission of prohibited articlesOffence

A person must not send by post a postal article or other item that is indecent or prohibited under the Act, and conviction can lead to a fine, imprisonment, or both.

139. Any person who sends by post any postal article or anything which indecent or is prohibited under this Act, commits an offence and shall, on conviction, be liable to a fine of not less than five million Tanzanian shillings or to imprisonment for a term of not less than twelve months or to both. injurious, Penalty for damaging or destroying

Section 139Verify source

§ 140Penalty for damaging or destroying letter boxesOffence

A person must not put dangerous or harmful items into or against a public postal letter box, or damage it. Doing so is an offence punishable on conviction by a fine of at least TZS 5,000,000, imprisonment for at least 12 months, or both.

140. Any person who places in or against any letter box provided for public postal by the licensee for the 85 Electronic and Postal Communications Act [CAP. 306 R.E. 2022] letter boxes Penalty for affixing without authority anything to, or spoil appearance of post office Penalty for unlawfully detaining mails or opening mail bags Penalty for wilfully retaining postal articles or mail bags reception of postal articles any fire, match or light, or any explosive, dangerous, filthy, noxious, or deleterious substance or any fluid, or commits a nuisance in or against any such letter box, or does anything likely to destroy or damage any such letter box or its appurtenances or contents, commits an offence and shall, on conviction, be liable to a fine of not less than five million Tanzanian shillings or to imprisonment for a term of not less than twelve months or to both.

Section 140Verify source

§ 141Penalty for affixing without authority anything to, or spoilOffence

A person must not, without authority, affix or damage items on a post office; doing so is an offence and can lead to a fine of at least five million Tanzanian shillings.

141. Any person who, without due authority affixes any placard, for advertisement, notice, list, documents, board or other thing in or on, or paints, tars, or in any way spoils the appearance of any post office, commits an offence and shall, on conviction be liable to a fine of not less than five million Tanzanian shillings.

Section 141Verify source

§ 142Penalty for unlawfully detaining mails or opening mail bagsOffence

A person must not detain mail or open a mail bag during transmission, unless authorized by the Act, a written order of the Minister or Authority, or directions of a competent court.

142. Any person who, except under the authority of this Act or in obedience to the order in writing of the Minister or the Authority or the directions of a competent court, detains the mails or any postal article in the course of transmission by post or on any pretence, opens a mail bag in course of transmission by post, commits an offence and shall, on conviction, be liable to a fine of not less than five million Tanzanian shillings.

Section 142Verify source

§ 143Penalty for wilfully retaining postal articles or mail bagsOffence

A person must not fraudulently keep, hide, take away, detain, or refuse to hand over a postal article or mail bag in transit, especially when required by an authorised officer.

143. Any person who fraudulently retains or unlawfully secretes or makes away with or keeps or detains or when required by an authorised officer neglects or refuses to deliver up, any postal article in the course of transmission by post which ought to have been delivered to any other person, or a mail bag containing a postal article, commits an offence and shall, on conviction, be liable to a less five million Tanzanian shillings or fine of not imprisonment for a term of not less than two years or to both. Penalty for unlawfully diverting letters

Section 143Verify source

§ 144Penalty for unlawfully diverting lettersOffence

A person must not wilfully and maliciously open or interfere with a letter’s delivery with intent to injure another person.

144. Any person who, wilfully and maliciously with intent to injure any other person, either opens or causes to be opened any letter which ought to have been 86 Electronic and Postal Communications Act [CAP. 306 R.E. 2022] Penalty for unlawfully disclosing contents of postal article Penalty for making fictitious stamps delivered, or does any act whereby the due delivery of a letter to any person is prevented or impeded, commits an offence and shall, on conviction, be liable to a fine of not less than five million Tanzanian shillings or imprisonment for a term of not less than six months or to both.

Section 144Verify source

§ 145Penalty for unlawfully disclosing contents of postal articleOffence

A person must not reveal the contents of a postal article opened under the Act, unless needed to return it or authorized in writing by the Authority.

145. Any person who reveals, discloses or in any way makes known the contents of any postal article opened under the authority of this Act, except so far as may be necessary for the purpose of returning the same or so far as may be authorised by the Authority in writing, commits an offence and shall, on conviction, be liable to a fine of not less than five million Tanzanian shillings or imprisonment for a term of not less than twelve months or to both.

Section 145Verify source

§ 146Penalty for making fictitious stampsOffence

Making, using, selling, possessing, or circulating fictitious stamps or imitation postal items is an offence and can lead to a fine, imprisonment, or both.

146.-(1) Any person who- (a) makes or knowingly alters, deals in, hawks, distributes, or sells any fictitious stamp or for postal purposes any knowingly uses fictitious stamp; (b) has in his possession without lawful excuse any fictitious stamp; (c) makes or without lawful excuse, has in his instrument or possession, any dye plate, materials for making any fictitious stamp; or (d) makes, issues or sends by post any stamped or embossed envelope, wrapper, card, form or paper in imitation of one issued under the authority of the licensee, commits an offence and shall, on conviction, be liable to a fine of not less five million Tanzanian shillings or to imprisonment for a term of not less than two years or to both. (2) Any stamp, plate, instrument or materials found in the possession of any person in contravention of this Act shall be seized and forfeited. (3) Forfeiture under this section may be declared by a Magistrate's Court, and all things forfeited shall be dealt with as the court may direct. 87 Electronic and Postal Communications Act [CAP. 306 R.E. 2022] (4) Nothing in this section shall be held to exempt any person from any punishment to which he may be liable under any other law. Prohibition of false notices as to reception of letters

Section 146Verify source

§ 147Prohibition of false notices as to reception of lettersOffence

A person must not, without authority from the Authority, place or keep certain postal-style words or marks on property under their control.

147. Any person who, without authority from the Authority, places or maintains in or on any house, wall, door, window, box, pillar, or other place, belonging to him or under his control, any of the following words, letters, or marks- (a) the words "post office" or "postal office"; (b) the words "letter box", accompanied with words, “letters”, or “marks”, which signify or imply or may reasonably lead the public to believe that it is a post office letter box; (c) any words, letters, or marks 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, commits an offence and shall, on conviction, in case of the first offence, be liable to a fine not less than five million Tanzanian shillings and, on a subsequent conviction, to a fine not exceeding three hundred for every day during which the offence so continued. Offence by officer, employee or agent of public postal licensee

Section 147Verify source

§ 148Offences by officer, employee or agent of public postal licenseeOffence

Postal licensee officers, employees, or agents must not steal, hide, alter, delay, or misuse postal articles, mail bags, related documents, or fees while handling them; breaches are criminal offences.

148. Any officer, employee or agent of a public postal licensee who destroys or throws away any postal articles in the course of transmission by post or anything contained therein- (a) steals or otherwise dishonestly misappropriates or secretes any postal article in the course or transmission by post or anything contained therein; (b) except in obedience to an order under the hand of the Minister or the direction of a court, wilfully opens or causes to be opened contrary to his duty any mail bag or postal article in the course of transmission by post or wilfully detains or delays or causes to be detained or delayed the mail bag or postal articles; 88 Electronic and Postal Communications Act [CAP. 306 R.E. 2022] (c) issues or causes to be issued a document the specified for use in connection with remittance of money with fraudulent intent; (d) fraudulently puts any wrong official mark or a postal article; (e) fraudulently alters, removes or causes to disappear any official mark on a postal article; (f) being entrusted with the delivery of any postal article, knowingly demands or receives any sum of money which is not chargeable under this Act; (g) sends by post, or puts into any mail bag any postal article upon which postage has not been paid or charged intending thereby to defraud the public postal licensee of the postage on the postal article; (h) being entrusted with the preparation or custody of any document relating to the public postal licensee, fraudulently prepares the document incorrectly, or alters, or secretes or destroys the document; or (i) being employed to carry or deliver any mail bag or postal article in the course of transmission by post does any act with intent to induce the belief that he has visited a place, or delivered a postal article or mail bag, which he has not visited or delivered, Obstruction of public postal licensee commits an offence and shall be liable on conviction to a fine of not less than five million Tanzanian shillings or to imprisonment for a term of not less than three years or to both.

Section 148Verify source

§ 149Obstruction of public postal licenseeOffence

A person must not obstruct a public postal licensee’s business or interfere with its officers or employees, or they may be fined or imprisoned.

149. Any person who- (a) while on any premises used for the purposes of the business of a public postal licensee, intentionally obstructs the course of business of the licensee concerned; or (b) assaults or intentionally obstructs or incites any person to obstruct or impedes an officer or 89 Electronic and Postal Communications Act [CAP. 306 R.E. 2022] employee of a public postal licensee in the performance of his duties, commits an offence and on conviction shall be liable to a fine of five million Tanzanian shillings or to imprisonment for a term of not less than twelve months or to both. Protection of installation or plant used by public postal licensee Cap. 4 s. 8

Section 149Verify source

§ 150Protection of installation or plant used by public postal licenseeOffence

A person must not do listed work or place things that may damage or interfere with postal installations or plant without written approval from the public postal licensee.

150.-(1) A person shall not, without the written approval of a public postal licensee- (a) lay or carry any mains, pipes, conduits, circuits or wires in, along, through, across, over or under any street or place in a manner which is likely to interfere with or cause damage to any installation or plant used for postal services; (b) perform any work of installing, construction or maintaining any equipment for postal services; or laying, (c) affix any placard, advertisement, notice or other thing in or on, paint, tar or in any way disfigure for postal any services. installation or plant used (2) Any approval under subsection (1) may be granted or withheld by the licensee concerned or may be granted upon such terms and conditions as the licensee concerned thinks fit to impose. (3) Any dispute relating to the withholding of any approval under subsection (1), or the terms and conditions attached to the granting or such approval, shall be referred to the Authority whose decision shall be final. (4) Where an offence under subsection (1) is due to the act or default of some other person, that other person shall be guilty of the offence and may be charged and convicted of the offence by virtue of this subsection whether or not proceedings are taken against the first- mentioned person. (5) In any proceedings for an offence under subsection (1), it shall be a defence for the person charged to prove that he took all reasonable steps and exercised all due diligence to avoid committing the offence. (6) Where the defence provided by subsection (5) 90 Electronic and Postal Communications Act [CAP. 306 R.E. 2022] involves an allegation that the author of the offence was due to the act or default of another person, the person charged shall not without leave of the court, be entitled to rely on that defence unless, within a period ending seven clear days before the hearing, he has served on the prosecutor a notice in writing giving such information identifying or assisting in the identification of that other person as was then in his possession. (7) Any person who contravenes or fails to comply with the provision of subsection (1) commits an offence and shall, in addition to the forfeiture of any equipment seized, be liable on conviction to a fine of not less than five million Tanzanian shillings and, in the case of a continuing offence, a fine of not less than five million Tanzanian shillings for every day during which the offence continues after conviction. (d) Additional Offences and Penalties

Section 150Verify source

§ 151Damaging postal or electronic communication installation or plantOffence

It is an offence to wilfully damage postal or electronic communications installations or plant, or to damage cables of a public postal licensee, and conviction can bring a minimum fine of one million shillings, a minimum three-year prison term, or both.

151.-(1) Any person who wilfully removes, destroys or damages any installation or plant used for postal or electronic communication services, commits an offence and shall be liable on conviction to a fine of not less than one million shillings, or to imprisonment for a term of not less than three years or to both. (2) Notwithstanding subsection (1), any person who damages or suffers to be damaged any cable of a communication system belonging the management or control of a public postal licensee, commits an offence and shall be liable on conviction to a fine of not less than one million shillings, or to imprisonment for a term of not less than three years or to both. to or under (3) Where an offence under subsection (2) is committed by any person acting as the agent or employee of another person, or being otherwise subject to the supervision or instructions of another person for the purposes of any employment in the course of which the offence was committed, that other person shall, without prejudice to the liability of the first- mentioned person, be 91 Damaging postal or electronic communicati on installation or plant Electronic and Postal Communications Act [CAP. 306 R.E. 2022] liable under that subsection in the same manner and to the same extent as if he had personally committed the offence unless he proves to the satisfaction of the court that the offence was committed without his consent or connivance or that it was not attributable to any neglect on his part. (4) In any proceedings for an offence under the provision of subsection (2), it shall be a defence for the person charged to prove that he took all reasonable precautions and exercised all due diligence to avoid the commission of the offence.

Section 151Verify source

§ 152General offencesOffence

This section makes several kinds of non-compliance an offence and sets minimum fines and imprisonment terms.

152.-(1) Subject to the specific penalties set forth elsewhere in this Act, any person who contravenes or fails to comply with a provision of this Act commits an offence and is liable on conviction, for each such breach, to a fine of not less than five million Tanzanian shillings or to imprisonment for a term of not less than twelve months or to both. General offences Cap. 4 s. 8 (2) Subject to any specific penalties set forth therein, any person who contravenes or fails to comply with a provision of a regulations, rules, guidelines, issued declarations, determinations or other decision respect of in this Act, pursuant interconnection, access and co- location rights and obligations, commits an offence and is liable on conviction, for each breach, to a fine of not less than five million Tanzania shillings or to imprisonment for a term of not less than six months or to both. including, to (3) Any person who, without lawful excuse, contravenes or fails to comply with any term or condition expressed in a licence he holds, commits an offence and is liable on conviction, for each such breach, to a fine of not less than five hundred thousand shillings. (4) Any person who- (a) fails or refuses to furnish a return to supply information in the manner and within the time prescribed by the Authority or furnishes a false or incomplete return or supplies false or incomplete information; 92 Electronic and Postal Communications Act [CAP. 306 R.E. 2022] (b) on being required to do so, fails or refuses to produce to an inspector or a duly authorised officer of the Authority a license, book, record or any document relating to any electronic communication service, equipment or apparatus or relating to postal service which is in his possession or under his control; or the Authority (c) obstructs, in any manner, an inspector or officer of to perform any duties authorised to be performed under the provisions of this Act, commits an offence and is liable on conviction, for each such breach, to a fine of not less than five million Tanzanian shillings or to imprisonment for a term of not less than twelve months or to both.

Section 152Verify source

§ 153Offences by body corporateOffence

If a body corporate commits an offence under this Act, its directors, managers, principal officers, or people acting as such 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 committed by a body corporate, any person who, at the time of the commission of the offence was a director, manager or other principal officer of the body corporate or was purporting to act in such capacity shall, as well as such body corporate, be deemed to have committed that offence unless he proves that the offence was committed without his consent or connivance and that he exercised all due diligence to prevent the commission of the offence as he ought to have exercised, having regard to the nature of his functions in that capacity and to all the circumstances. Offences by body corporate Penalty for abetting or attempting to commit offences Power of Authority to compound certain offences Cap. 4 s. 8

Section 153Verify source

§ 154Penalty for abetting or attempting to commit offencesOffence

A person who helps commit, or tries to commit, an offence under the Act is liable on conviction to the same penalty provided for that offence.

154. Any person who abets the commission of any offence punishable under this Act, or attempts to commit any offence so punishable, shall, on conviction, be liable to the penalty provided for that offence.

Section 154Verify source

§ 155Power of Authority to compound certain offencesCommencement

The Director General may compound certain offences before court proceedings begin, if the person admits the offence in writing.

155.-(1) Where a person commits an offence under this Act, the Director General may, at any time prior to the commencement of court proceedings- (a) compound the offence other than offences related to theft, fraud, forgery and other similar offences; and (b) order the person to pay a sum of money 93 Electronic and Postal Communications Act [CAP. 306 R.E. 2022] the Director General but not specified by exceeding the amount of the fine prescribed for the offence. (2) The Director General may compound an offence under this section if the person concerned admits in writing that he has committed the offence. (3) Where the Director General compounds an offence under this section, in accordance with the order referred to in subsection (1)- (a) shall be in writing, specifying the offence committed, the sum of money to be paid and the date for payment and have attached the written admission referred to in subsection (2); (b) shall be final and not subject to any appeal; and (c) may be enforced in the same manner as an order of the High Court for the payment of the amount stated in the order. (4) Where the Director General compounds an offence under this section, the person concerned shall not be liable for a penalty in respect with that offence.

Section 155Verify source

§ 156Recovery of fee or royalty from person owing money to licenseeAmendment

The Director General may require a person who owes or holds money for a licensee to pay that money to the Director General, and non-compliance is an offence.

156.-(1) Where this section applies, the Director General may, by notice in writing, require any person- (a) owing or who may subsequently owe money to the licensee; (b) holding or who may subsequently hold money for or on account of the licensee; (c) holding or who may subsequently hold money on account of a third person for payment to the licensee; or (d) having authority from a third person to pay money to the licensee, and the payer shall pay, on account of and to the extent of the fee due by the licensee, the money to the Director General on the date specified in the notice. (2) Any person who contravenes the provision of subsection (1) commits an offence, and shall be liable on summary conviction to a fine twice the amount stated on the notice or in default to imprisonment for a term not less 94 Recovery of fee or royalty from person owing money to licensee Electronic and Postal Communications Act [CAP. 306 R.E. 2022] than two years or to both. (3) The Director General shall serve the payer with the notice referred to in subsection (1) and, as soon as practicable after that service, serve the licensee with a copy of the notice. (4) The date specified the notice under in subsection (1), shall not be a date before- (a) the money becomes payable to the licensee; and (b) the payer is served with the notice. (5) A notice under subsection (1) ceases to have effect where the fee or royalty with respect to which the notice is issued is paid or otherwise satisfied. (6) Where a person served with a notice is unable to comply with the notice by reason of lack of moneys owing to, or held for, the licensee shall, as soon as practicable and in any event before the payment date specified in the notice, notify the Director General accordingly in writing setting out the reasons for the inability to comply. (7) Where a notice is served on the Director General under subsection (6), the Director General may, by notice in writing- (a) accept the notification and cancel or amend the notice issued under subsection (1); or (b) reject the notification. (8) A person making a payment pursuant to a notice under subsection (2) is treated as having acted under the authority of the licensee and of all other persons concerned and is hereby indemnified in respect of the payment against or proceedings, civil or criminal, and all processes, judicial or extra-judicial, notwithstanding any provision to the contrary in any written law, a contract or agreement. (9) For the purpose of this section, “money” includes a debt obligation dominated or payable in money. Suit for unpaid fees or royalty

Section 156Verify source

§ 157Suit for unpaid fees or royaltyOffence

A person who does not pay fees or royalties to the Authority commits an offence and may be taken to court.

157. A person who fails to pay fees or royalties to the Authority commits an offence and shall be liable in any 95 Electronic and Postal Communications Act [CAP. 306 R.E. 2022] Charges over assets court of competent jurisdiction.

Section 157Verify source

§ 158Charges over assetsProvision

The Authority may create a charge over a defaulting licensee’s assets, and must notify the licensee in writing; land charges must also be registered, and the charge is released when the amounts secured are paid in full.

158.-(1) The Authority may cause a charge to be created in its favor over the assets of a licensee who has defaulted payment of fees or royalty on or before the date the fee or royalty is due. (2) The Authority shall create a charge referred to in subsection (1) by serving a licensee with a notice in writing specifying the licensee, the assets charged, the extent of the charge as provided for in subsection (3), the licensee to which the charge relates and details regarding the Authority’s power of enforcement under section 116. (3) The assets of a debtor licensee charged under subsection (2) are charged to the extent of the fee or royalty payable, interest accruing with respect to that fee or royalty and any costs of charge and sale. (4) A charge created under subsection (2), shall not have effect until- (a) where interest in land or buildings is charged, the Authority files an application to register the charge under subsection (6); and (b) in any other case, the notice is served on the debtor licensee under subsection (2). (5) A charge created under subsection (2) shall be released when the debtor licensee pays to the Authority in full the amounts referred to in subsection (3) that are secured by the charge. (6) Where the Authority creates a charge over an interest in land or buildings under subsection (2), the Registrar of Titles or otherwise referred to as the Registrar shall, without fee, register the charge on the title of the interesting land or buildings. (7) Where a charge over an interest in land or buildings is released under subsection (5), the Registrar shall, without fee, remove the entry of the charge from the title of the interest in land or buildings within thirty days of the release. (8) The activities of the Authority under this section, irrespective of whether they result in the transfer of 96 Electronic and Postal Communications Act [CAP. 306 R.E. 2022] title to an asset, are exempt from stamp duty. (9) The Authority may, at any time, serve on a debtor licensee a notice in writing specifying any costs o f charge and sale with respect assets of the debtor licensee incurred by the Authority to the date of service and requiring the debtor licensee to pay those costs to the Authority by the date specified in the notice. (10) For the purpose of this section “costs of charge and sale” with respect to assets, means any expenditure incurred or to be incurred by the Authority or an authorised agent- (a) under this section with respect to creating or releasing a charge over the assets; or (b) under section 114 with respect taking possession of, holding and selling the charged assets. to Sale of charged assets

Section 158Verify source

§ 159Sale of charged assetsProvision

The Authority must notify the debtor licensee before selling charged assets, may take possession and sell them after required waiting periods, and must apply the sale proceeds in a set order. These activities are exempt from stamp duty.

159.-(1) The Authority shall notify the licensee of the Authority’s intention to sell charged assets owned by the licensee. (2) The notice issued under subsection (1), may be incorporated into or accompany a notice referred to in section 158 and shall be in writing, served on the debtor licensee and specify- (a) the charged assets, the Authority’s intention to sell those assets and the proposed method and timing of the sale; and (b) in the case of tangible assets, that the Authority intends to take possession of, the manner in and the place at which the possession shall occur. (3) The Authority- (a) may take possession of tangible assets referred to in subsection (1), whether directly or through an authorised agent, at any time after the notice is served; (b) for the purposes of taking possession, may enter in at any subsection (1), and request the assistance of the police; time, any premises described 97 Electronic and Postal Communications Act [CAP. 306 R.E. 2022] (c) shall, at the time of taking possession, provide the debtor licensee with an inventory of assets seized; and (d) where the assets are tangible assets other than an interest in land or buildings, store the assets at the cost of the debtor licensee, at any place the Authority considers appropriate. (4) Where the Authority serves a debtor licensee with a notice under subsection (1), the Authority may, after public notice, sell the charged assets but not before- (a) where the charged assets are an interest in land or buildings, thirty days after taking possession under subsection (3); (b) where the charged assets are perishable tangible assets, one day after taking possession under subsection (3); (c) where the charged assets are tangible assets other than those referred to in paragraph (a) or (b), ten days after taking possession under subsection (3); and (d) in any other case, ten days after service of notice under subsection (1). (5) The proceeds of sale under subsection (4) shall be used to pay the costs of charge and sale of the assets sold, then to pay the fee or royalty due and interests accrued with respect to that fee or royalty and any remainder shall be paid to the debtor licensee. (6) After applying sale proceeds in accordance with subsection (5), the Authority shall serve the debtor licensee with a written notice detailing the manner in which the sale proceeds have been applied. (7) Where the proceeds of a sale applied in accordance with subsection (5) are insufficient to pay in full the costs of the charge and sale, the fee and royalty due and interest accrued with respect to that fee or royalty, the Authority may proceed to collect the insufficiency with fresh actions charge and sale of other assets. (8) This section does not restrict the exercise of any other avenues the Authority has for recovery of fees 98 Electronic and Postal Communications Act [CAP. 306 R.E. 2022] Proof of outstanding fees or royalty and royalties. (9) The activities of the Authority under this section, irrespective of whether they result in the transfer of tittle to an asset, are exempt from stamp duty.

Section 159Verify source

§ 160Proof of outstanding fees or royaltyProvision

In recovery proceedings, a signed certificate can serve as prima facie evidence of the debtor licensee’s name, address, and the fees or royalty payable.

160. In proceedings for recovery by the Authority of the outstanding fees or royalty, production of a certificate signed by the Director General of the Authority or a person acting on his behalf in that capacity stating the name and address of the debtor licensee and the amount of fees or royalty payable by the debtor licensee is prima facie evidence of the amount of fees or royalty payable by such licensee. PART VII MISCELLANEOUS PROVISIONS Access to public land

Section 160Verify source

Part

PART VII

§ 161Access to public landProvision

Network licensees may seek access to public land for communications works, but they need consent and must use proper safety measures.

161.-(1) A network facilities licensee or network services licensee shall, for the purposes of enabling the provision of any electronic communications service to the public- (a) seek the consent of a local government authority or public body stating the nature and extent of the act to be done upon any public land; (b) enter upon any public land under control of a local government authority or other public body in order to construct, erect, place, maintain, examine, alter or remove any line, pole or radio link installation which is, respectively, either the property of the network facility licensee or is under the control of the network service licensee; and (c) a local government authority or other public body may, upon request under paragraph (a), permit, subject to such conditions, including the payment of service and property fees for the use of the property, time or more of execution of for any other related activity works, or 99 Electronic and Postal Communications Act [CAP. 306 R.E. 2022] undertaken by the telecommunication operator under the section as may be agreed between the telecommunication operator and the relevant local authority. (2) A licensee dissatisfied with the terms or conditions imposed by a local government authority under paragraph (c), may apply to the land tribunal for the review of such terms and conditions within thirty days without unduly interfering with the use and enjoyment of such public property. (3) Where any significant damage to land or property is caused, by reason of the exercise of the powers conferred by this section, the owner or occupier of the land shall be entitled to receive compensation for it from the network facilities licensee or network services licensee. (4) The licensee shall, in respect of services operated, maintained or offered under his licence, take all proper and adequate safety measures to safeguard life or property, including exposure to any electrical emission or radiations emanating from equipment or installation from such operations.

Section 161Verify source

§ 162Access to private land and acquisition of private propertyProvision

A network licensee may seek access to private land or private property for electronic communications services, but must give notice, seek written comments, and in some cases may apply to the relevant authority; owners or occupiers may be entitled to compensation for significant damage.

162.-(1) Where, for the purposes of enabling the provision of electronic communications service to the public, a network facilities licensee or network services licensee reasonably requires to enter upon private land, or to effect the acquisition of private property or an interest in private property, and no reasonable alternatives to such entry or acquisition exist, the network facilities licensee or network services licensee shall be entitled to seek and obtain consent of the land or property owner for the entry onto such land or acquisition of such property or property interest. (2) Where a network facilities licensee or network services licensee seeks to enter upon private land, or to effect the acquisition of private property or an interest in private property, a network facilities licensee or network services licensee shall provide notice of the proposed entry or acquisition to the owner of the land or property, and 100 Access to private land and acquisition of private property Electronic and Postal Communications Act [CAP. 306 R.E. 2022] Power of search and seizure other land or the property owners who may reasonably be expected the proposed entry or acquisition, and seek their written comments. to be affected by (3) Where the land or property owner and the network facilities licensee or network services licensee, as the case may be, cannot agree, the network facilities licensee or network services licensee may apply to the relevant authority having jurisdiction over such private land or property in order to request that the authority order the proposed entry or undertake the proposed acquisition under applicable land laws. (4) Where any significant damage to land or property is caused, by reason of the exercise of the powers conferred by this section, the owner or occupier of the land shall be entitled to receive compensation for it from the network facilities licensee or network services licensee.

Section 162Verify source

§ 163Power of search and seizureOffence

Police officers or authorised Authority employees may search, inspect, and seize certain communications equipment or systems, and seized items may be forfeited unless a claim is made within two months.

163.-(1) A police officer or an employee authorised by the Authority may, if he has reasonable grounds to believe that an electronic communication system or service has been established, installed, maintained, operated or provided in contravention of this Act or any regulations made thereunder or in breach of any licence issued by the Authority that the electronic communication equipment used is of a type that is not approved by the Authority in the case of any- (a) communication equipment or any electronic communication system or service, other than any radio communication system or service, enter and inspect any place in which the electronic communication equipment is used or the electronic communication system or service is established, installed, maintained, operated or provided, and may seize any electronic communication system or equipment found therein which appears to be used for or in connection with electronic communication; and (b) radio communication system or service, enter any place in the United Republic or stop or 101 Electronic and Postal Communications Act [CAP. 306 R.E. 2022] and may board any vessel, aircraft or vehicle and inspect any place radio communication system or equipment found therein which appears to be used for or in connection with radio communications. seize any (2) Where any police officer or any employee authorised by the Authority has reasonable grounds for believing that an offence has been or is being committed under sections 113, 114, 115 and 121, he may seize radio electronic communication communication system or equipment used the commission of the offence. system, equipment, in (3) Where there is no prosecution with regard to any equipment or system seized under this section, the equipment or system shall be taken and deemed to be forfeited to the Authority unless a claim is made within two months from the date of seizure. (4) Any person asserting that he is the owner of the equipment or system may personally or by his authorised agent give written notice to the Authority that he claims the same. (5) On receipt of the notice, the Authority may direct that the equipment or system be released or may refer the matter to a Resident Magistrate’s Court or a District Court. (6) The Resident Magistrate’s Court or the District Court may proceed to the examination of the matter and upon examination shall order that the equipment or system be forfeited or released. Admissibility of documents

Section 163Verify source

§ 164Admissibility of documentsOffence

Certain documents and statements can be used as evidence in proceedings for offences under this Act, even if they were seized, obtained, or made under inducement-related beliefs.

164.-(1) Notwithstanding any other law to the contrary- (a) any document, or copy of or extract from any document, relating to the affairs of any person that has been seized or obtained by; (b) any statement of a person relating to the affairs of any person has been seized or obtained by; or (c) any statement of a person relating to the affairs 102 Electronic and Postal Communications Act [CAP. 306 R.E. 2022] of the person that is made to, an officer of the Authority the provisions of this Act, is admissible in any proceedings with respect to any offence under this Act. in accordance with (2) A document, copy, extract or statement is admissible under subsection (1) irrespective of whether any person was induced to provide the document, copy or extract or making the statement by reason that the person was led to believe- (a) that the Director General or any officer of the Authority might, on any terms, settle the institution or prosecution of proceedings; or (b) that the decision of the Director General or any officer of the Authority as to whether to settle the institution or prosecution of proceedings would be influenced by the fact that the person confessed to being guilty of an offence and provided full facilities for investigation.

Section 164Verify source

§ 164ADevelopment levy on airtimeProvision

A levy is set on airtime at a rate of 5 to 222.70 Tanzanian Shillings, and the Minister must make regulations for how it is collected and accounted for.

164A.-(1) There is established a levy to be charged on airtime at a rate ranging from 5 to 222.70 Tanzanian Shillings. (2) The Minister shall, after consultation with the Minister regulations prescribing the manner and modality under which the levy may be collected and accounted for. finance, make responsible for

Section 164AVerify source

§ 165RegulationsProvision

The Minister may make regulations to better carry out or give effect to this Act.

165. The Minister may make regulations for better carrying out or giving effect to the provisions of this Act.

Section 165Verify source

§ 166Requirement to put in place mechanisms to implement this ActOffence

A licensee must put mechanisms in place to keep information and register customers as required by the Act.

166.-(1) The in place licensee mechanisms within its organisation or its main agents for keeping information and register his customers as required by this Act. shall put (2) A licensee who contravenes the provision of subsection (1), commits an offence.

Section 166Verify source

§ 167Registration of subscribers after commencement of ActCommencement

The licensee must register all new subscribers within three months after the Act starts.

167. The licensee shall register all new subscribers 103 Development levy on airtime Act No. 3 of 2021 s. 8 Regulations Act No. 12 of 2019 s. 12 Requirement to put in place mechanisms to implement this Act Registration of subscribers Electronic and Postal Communications Act [CAP. 306 R.E. 2022] after commenceme nt of Act Repeal of Acts Nos. 6 of 1993 and 18 of 1993 Transitional provisions and savings within three months from the date of commencement of this Act.

Section 167Verify source

§ 167ARepealRepeal

This section repeals the Broadcasting Services Act and the Tanzania Communications Act.

167A. Repeals the Broadcasting Services Act and the Tanzania Communications Act. [s. 186] PART VIII TRANSITIONAL PROVISIONS

Section 167AVerify source

Part

PART VIII

§ 168Transitional provisions and savingsProvision

This section is a heading for transitional provisions and savings; the text shown does not state a substantive rule.

168. Transitional provisions and savings. PART IX CONSEQUENTIAL AMENDMENTS Omitted [Sections 169 - 185. Omitted]. _________________________________ 104

Section 168Verify source

Legislative relationships

12 referenced instruments

Names are derived from the stored provision headings and citation-enrichment layer. Treat this as a research index and verify each relationship against the source text.

A–F

7 instruments

Act The licensee must register all new subscribers within three months after the Act
Section 167
Authority from the department responsible for licensing. 58 Electronic and Postal Communications Act
Section 76
Authority the provisions of this Act
Section 164
Authority. 37 Electronic and Postal Communications Act
Section 38
Authority. Shareholding requirements Act
Section 25
Capital Markets and Securities Act
Section 26
Customs (Management and Tariff) Act
Section 56

N–S

3 instruments

National Assembly. 75 Electronic and Postal Communications Act
Section 113
National Computer Emergency Response Team Act
Section 123
Radio Communication and Frequency Spectrum Regulations
Section 78

T–Z

2 instruments

This section repeals the Broadcasting Services Act
Section 167A
Zanzibar Broadcasting Commission Act
Section 2

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The Electronic and Postal Communications Act R:E 2022

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