Uganda Communications Act, 2013
The Act comes into force on the date of its publication in the Gazette, subject to subsection (2); Part X comes into force within one year from publication on a date appointed by the Minister by statutory instrument.
- Jurisdiction
- Uganda
- Instrument
- Act or statute
- Citation
- Act 1 of 2013
- Status
- Repealed
- Version
- 18 Jan 2013
- Language
- en
- Official source
- View official record ↗
Source attribution: Source: Uganda Legal Information Institute
Statute overview
About this statute
The Act comes into force on the date of its publication in the Gazette, subject to subsection (2); Part X comes into force within one year from publication on a date appointed by the Minister by statutory instrument. Provides interpretations and definitions of terms used in the Act. The Act sets objectives to develop a modern communications sector covering telecommunications, broadcasting, radio communications, postal communications, data communication and infrastructure by measures including establishing one regulatory body, enhancing national coverage, expanding services, reducing the Government's direct role and subsidies, encouraging private sector participation, enabling competition through regulation and licensing, and establishing a fund for rural communications and ICT. A person who is engaged in communications services, engaged in manufacture or distribution of communications equipment in Uganda, has a financial or proprietary interest in such organisations, is insolvent, is incapacitated by mental or physical illness that renders them incapable, or is otherwise unable or unfit, must not be appointed to the Board. Members of the Board must vacate office for specified disqualifying reasons; the Minister must determine vacating and must appoint replacements within three months when vacancies arise; members may resign in writing to the Minister.
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Legal text
Provisions of Uganda Communications Act, 2013
Showing 84 of 84
Part I
Preliminary
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Preliminary - Commencement
The Act comes into force on the date of its publication in the Gazette, subject to subsection (2); Part X comes into force within one year from publication on a date appointed by the Minister by statutory instrument.
Section Commencement Section Subject to subsection (2), this Act shall come into force upon the date of its publication in the Gazette . Part X of this Act shall come into force within one year from the date of publication in the Gazette , on the date appointed by the Minister by statutory instrument. - 2 Verify source ↗
Preliminary - Interpretation
Provides interpretations and definitions of terms used in the Act.
Section Interpretation Section In this Act, unless the context otherwise requires— " authorised ", in relation to an officer or employee of the Commission , means authorised by the Executive Director to exercise the powers or perform the duties in respect of which an authorised person is required; " Board " means the Board established under section 9 ; " broadcaster " means a licensed person who packages and distributes or distributes television or radio programmed services for reception by subscribers or the public, regardless of the technology; " broadcasting " means the transmission of sound, video or data , intended for simultaneous reception by the public; " cinematograph theatre " means any building, structure, tent or other erection of whatever nature or any place or land in or on which a cinematograph or video exhibition is presented to the public either gratuitously or for reward; " Commission " means the Uganda Communications Commission established under section 4 ; " communications " means telecommunications, data communication, radio communications, postal communications and includes broadcasting ; " communications services " means services performed consisting of the dissemination or interchange of audio, visual or data content using postal, radio, or telecommunications media, data communication, and includes broadcasting ; " content " means any sound, text, still picture, moving picture or other audiovisual representation, tactile representation or any combination of the preceding which is capable of being created, manipulated, stored, retrieved or communicated electronically; " currency point " has the value assigned to it in Schedule 1; " data " means electronic representations of information in any form; " dominant position " means a position of market power enjoyed by an operator , which enables the operator to prevent effective competition being maintained in the relevant market by giving it the power to behave, to an appreciable extent, independently of its competitors and customers; " Executive Director " means the Executive Director of the Commission appointed under section 16 ; " eligible person " means a person who— (a) has not been adjudged bankrupt or has not entered into a composition or a scheme of arrangement with his or her creditors; or (b) has not been convicted of an offence whose penalty exceeds six months imprisonment or a fine exceeding twelve currency points or both; " emission of electromagnetic energy " includes the deliberate radiation or reflection of electromagnetic energy by means of any apparatus designed or specially adapted for that purpose whether the reflection is continuous or intermittent; " electronic media " means communication of any message to the public by means of any electronic apparatus; " exhibition " means a display of art, video or data to the public, with or without sound by means of any electronic apparatus; " franking machine " means a machine for the purposes of making impressions on postal articles to denote prepayment of postage and includes any metre or metres and any franking or date stamping dies or incidental dies; " licence " means a licence issued under this Act; " Minister " means the Minister responsible for information and communications technology; " operator " means a person licensed to provide a communication or broadcasting service; " person " includes any individual, company, association, or body of persons corporate or unincorporate; " postal article " includes any letter, postcard, newspaper, book, document, pamphlet, pattern, sample packet, small packet, parcel package or other article tendered for dispatch or specified in the International Postal Union or in the licence of an operator ; " postal services " means the services performed and facilities provided in connection with— (a) the collection, transmission and delivery by land, water or air of postal articles; (b) the issue of postage stamps and the use of franking machines; (c) the issue and payment of money from one place to another or address commonly referred to as money ordering; " producer " includes a person who is at any given time, in charge of programme production and transmission to the public by means of any electronic apparatus; " radio communication " means the transmitting or receiving over paths which are not provided by any material substance constructed or arranged for that purpose, of electromagnetic energy of a frequency not exceeding three million megahertz being energy which either— (a) serves for the conveyance of messages, sound or visual images, whether messages are actually received by any person or not, or for the actuation or control of machinery or apparatus; or (b) is used in connection with the determination of position, bearing or distance, or for the gaining of information as to the presence, absence, position or motion of any object or objects of any class; " radio communications apparatus " or "radio communications station" means any apparatus or station, as the case may be, for transmitting or receiving of radio communication other than a domestic radio set and where— (a) that radio communications apparatus or station cannot lawfully be used without a radio communications licence or without an exemption under section 23 ; (b) radio communication in the form of messages, audio or visual images is received or transmitted by that apparatus or station; (c) an apparatus is electrically coupled with another apparatus or station for the purpose of enabling any person to receive or transmit messages, sound or visual images; " radio communications services " means services performed and the facilities provided in connection with communication by means of radio communications apparatus ; " telecommunication " means the emission, transmission or reception through the agency of electricity or electromagnetism of any sounds, signals, signs, writing, images or intelligence of any nature by wire , radio, optical or other electromagnetic systems whether or not such signs, signals, writing, images, sounds or intelligence have been subjected to rearrangement, computation or other processes by any means in the course of their transmission, emission or reception; " telecommunications apparatus " or " telecommunication station" means any apparatus or equipment used or intended to be used in connection with the transmission of communications by means of electricity from one place to another place either along a wire joining those two places or partly by wire from each of those two places and partly by radio communication ; " telecommunications line " means any wire , cable, equipment, tower, mast, antenna, tunnel, hole, pit trench, pole or other structure or thing used or intended to be used in connection with a telecommunications system ; " telecommunications service " means a service consisting of the conveyance or reception of any sounds, signs, signals, writing or images by wire , optical or other electronically guided media systems whether or not the signs, signals, writing, images, sounds or intelligence have been subjected to rearrangement, computation or other process by any means in the course of their transmission, emission or reception; " telecommunications system " means a system for the conveyance through the agency of electric, magnetic, electromagnetic, electrochemical, electromechanical or light energy of— (a) speech, music, data and other sounds; (b) visual images; (c) signals serving for the importance, whether as between persons and things, of any matter otherwise than in the form of sounds, visual images; or (d) signals serving for the actuation or control of machinery or apparatus; and including telecommunications apparatus situated in the Republic of Uganda; " tribunal " means the Uganda Communications Tribunal established under section 60 ; " wire " includes optical cable. - 3 Verify source ↗
Preliminary - Objectives of the Act
The Act sets objectives to develop a modern communications sector covering telecommunications, broadcasting, radio communications, postal communications, data communication and infrastructure by measures including establishing one regulatory body, enhancing national coverage, expanding services, reducing the Government's direct role and subsidies, encouraging private sector participation, enabling competition through regulation and licensing, and establishing a fund for rural communications and ICT.
Section Objectives of the Act Section The objectives of this Act are to develop a modem communications sector, which includes telecommunications, broadcasting , radio communications , postal communications , data communication and infrastructure by— establishing one regulatory body for communications in accordance with international best practice; enhancing national coverage of communications services expanding the existing variety of communications services available in Uganda to include modern and innovative communications services ; reducing the direct role of Government as an operator in the communications sector and minimising the subsidies paid by the Government to the communications sector; encouraging the participation of the private sector in the development of the communications sector; introducing, encouraging and enabling competition in the communications sector through regulation and licensing of competitive operators to achieve rapid network expansion, standardisation as well as operation of competitively priced and quality services; and establishing and administering a fund for the development of rural communications and information and communication technology in the country.
Part II
Uganda Communications Commission
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Uganda Communications Commission - Disqualification from appointment
A person who is engaged in communications services, engaged in manufacture or distribution of communications equipment in Uganda, has a financial or proprietary interest in such organisations, is insolvent, is incapacitated by mental or physical illness that renders them incapable, or is otherwise unable or unfit, must not be appointed to the Board.
Section Disqualification from appointment Section A person shall not be appointed to the Board who— is engaged in an organization which operates or provides communications services , directly or indirectly, as owner, shareholder, partner or otherwise; is engaged in the manufacture or distribution of communications equipment in Uganda, directly or indirectly, as owner, shareholder, partner or otherwise; has a financial or proprietary interest in an organization referred to in paragraph (a) or (b); is insolvent; is incapacitated by mental or physical illness that renders the person incapable of performing the functions of a member of the Board ; is otherwise unable or unfit to discharge the functions of a member of the Board . - 11 Verify source ↗
Uganda Communications Commission - Vacating office of member of the Board
Members of the Board must vacate office for specified disqualifying reasons; the Minister must determine vacating and must appoint replacements within three months when vacancies arise; members may resign in writing to the Minister.
Section Vacating office of member of the Board Section A member of the Board shall vacate office, if the member— is declared insolvent; is convicted of a criminal offence in respect of which a penalty of imprisonment of six months or more is imposed without the option of a fine; is continuously and persistently unable to discharge the functions of the office of a member of the Board ; subsequently becomes disqualified from being a member under section 10 . fails to disclose to the Commission any interest that member has in a contract or proposed contract connected with the Commission or any other matter; misbehaves or abuses the office of a member of the Board . The Minister shall determine that a member vacates office under subsection (1). A member of the Board may resign from office in writing to the Minister . Where a member resigns, dies or is removed from office under this section, the Minister shall within three months and in accordance with section 9 , appoint another person to replace the member, and to hold office for the remainder of the term of that member. - 12 Verify source ↗
Uganda Communications Commission - Meetings of the Board
The Board must meet at least once every three months to discharge its functions; the meetings must follow Schedule 3.
Section Meetings of the Board Section The Board shall meet at least once every three months for the purposes of discharging its functions. The meetings of the Board shall be conducted in accordance with Schedule 3. - 13 Verify source ↗
Uganda Communications Commission - Remuneration of members of the Board
Members of the Board may be paid remuneration or allowances if approved by the Minister in consultation with the Ministers responsible for public service and finance.
Section Remuneration of members of the Board Section The members of the Board may be paid remuneration or allowances approved by the Minister in consultation with the Ministers responsible for public service and finance. - 14 Verify source ↗
Uganda Communications Commission - Committees of the Board
The Board may appoint committees for advisory or functional tasks; the Board must establish a contents committee; committees may invite or co‑opt persons (who may not vote); committee members may be paid allowances with Board determination and Minister approval; committees may regulate their own procedure subject to Board direction.
Section Committees of the Board Section The Board may appoint committees— to inquire into and advise the Board on any matter concerning the functions of the Commission ; to exercise the powers or perform a function of the Commission . The Board shall establish a contents committee to oversee content matters under the Act. A committee appointed under subsection (1) shall consist of a chairperson and other members of the Board , as the Board may determine. A committee may invite any person to attend any of its meetings and may co-opt any person to the committee but that person shall not vote on any matter before the committee. Members of a committee appointed under this section may be paid allowances as the Board may, with the written approval of the Minister , determine. Subject to any direction given by the Board , a committee appointed under this section may regulate its own procedure. - 4 Verify source ↗
Uganda Communications Commission - Establishment of Uganda Communications Commission
The Commission is a corporate body with perpetual succession and a common seal and may, for the purposes of discharging its functions, acquire, hold or dispose of movable and immovable property; sue and be sued in its corporate name; and do all acts lawfully open to a body corporate. The seal of the Commission shall be authenticated in accordance with Schedule 2.
Section Establishment of Uganda Communications Commission Section The Commission is a body corporate with perpetual succession and a common seal and may for the purposes of discharging its functions under this Act— There is established the Uganda Communications Commission . acquire, hold or dispose of movable and immovable property; sue and be sued in its corporate name; do all acts and things that a body corporate may lawfully do. The seal of the Commission shall be authenticated in accordance with Schedule 2. - 5 Verify source ↗
Uganda Communications Commission - Functions of the Commission
Sets out the Commission's functions (many powers to regulate, allocate spectrum, set standards, investigate complaints) and reporting duties to the Minister, including quarterly and annual reports.
Section Functions of the Commission Section The functions of the Commission are— to implement the objectives of this Act; to monitor, inspect, licence , supervise, control and regulate communications services ; to allocate, license, standardize and manage the use of the radio frequency spectrum resources in a manner that ensures widest variety of programming and optimal utilization of spectrum resources; to process applications for the allocation of satellite orbital locations; to regulate rates and charges for communications services with a view to protecting consumers from excessive tariffs and to prevent unfair competitive practices. to establish, amend, administer and enforce a national numbering plan and electronic addresses plan; and assign numbers and electronic addresses; to conduct, or authorise any person to conduct, technical evaluations relating to communications services ; to coordinate and collaborate with the relevant national and international organisations in matters relating to communications ; to set national standards and ensure compliance with national and international standards and obligations laid down by international communication agreements and treaties to which Uganda is a party; to receive, investigate and arbitrate complaints relating to communications services , and take necessary action; to promote and safeguard the interests of consumers and operators as regards the quality of communications services and equipment; to promote research into the development and use of new communications techniques and technologies, including those which promote accessibility of persons with disability and other members of society to communications services ; to improve communications services generally and to ensure equitable distribution of services throughout the country; to promote competition, including the protection of operators from acts and practices of other operators that are damaging to competition, and to facilitate the entry into markets of new and modem systems and services; to regulate interconnection and access systems between operators and users of telecommunications services; to advise the Government on communications policies and legislative measures in respect of providing and operating communications services ; to represent Uganda’s communications sector at national and international fora and organizations relating to its functions and to coordinate the participation of any interested groups; to collaborate with educational institutions in order to promote specialised education in the field of communications ; to establish and administer a fund for the development of rural communications and information and communication technology in the country; to advise the Minister on the administration of this Act; establish an intelligent network monitoring system to monitor traffic, revenue and quality of service of operators; to regulate value added services provided by communications operators; to operate and manage the Uganda Institute of Information and Communications Technology; to set standards, monitor and enforce compliance relating to content ; and to encourage and promote infrastructure sharing amongst licensees and to provide regulatory guidelines to carry out any other function that is related to the functions of the Commission . The Commission shall submit to the Minister quarterly reports on the performance of its functions. The Minister may at any time request the Commission for a report of its performance. The Commission shall submit an annual performance report to the Minister within three months prior to the end of each year. The Minister shall lay the annual report of the Commission before Parliament. - 6 Verify source ↗
Uganda Communications Commission - Powers of the Commission
The Commission may, in exercising its functions, charge fees, institute a levy (per section 68), collect specified international traffic revenue, impose fines for unlawful possession/operation or provision of communications equipment/services, classify services and licenses; it may also confiscate unlawfully operated apparatus, and owners may appeal confiscations to the tribunal.
Section Powers of the Commission Section The Commission may in the exercise of its functions— charge fees for services provided by the Commission ; institute a levy on the gross annual revenue from operators in accordance with section 68 ; collect the revenue determined by the Minister in respect of the international incoming telecommunications traffic; impose a fine on a person who unlawfully possesses, installs, connects or operates any communications equipment or apparatus, or unlawfully provides or performs any communications services ; classify communications services and licenses. The Commission may in accordance with this Act, confiscate any apparatus which is possessed, installed, connected or operated unlawfully. The owner of an apparatus confiscated by the Commission may appeal to the tribunal against the confiscation. - 7 Verify source ↗
Uganda Communications Commission - Powers of the Minister
The Minister may (in writing) give policy guidelines to the Commission; the Commission must comply with those guidelines.
Section Powers of the Minister Section The Minister may, in writing, give policy guidelines to the Commission regarding the performance of its functions. The Commission shall comply with the policy guidelines given by the Minister under this section. - 8 Verify source ↗
Uganda Communications Commission - Independence of the Commission
The Commission must exercise its functions independently of any person or body, subject to this Act.
Section Independence of the Commission Section Subject to this Act, the Commission shall exercise its functions independently of any person or body. - 9 Verify source ↗
Uganda Communications Commission - Board of the Commission
All Board members are appointed by the Minister with Cabinet approval; members serve three-year terms and may be reappointed only once; the Board composition must include one person with disability and at least three women.
Section Board of the Commission Section The Board shall consist of the following— The Commission shall be governed by a Board . a person with experience and knowledge in tele communications , broadcasting or postal communications , who shall be the chairperson; a representative of professional engineers recommended by the Institute of Professional Engineers; one prominent lawyer who is a member of the Uganda Law Society; a person knowledgeable in the field of economics, financial management and public administration; a representative of the Ministry responsible for information and communications technology, who shall be an ex-officio member; the Executive Director ; a representative of consumers recommended by the Uganda Consumers Association; and one eminent person of good repute and proven integrity representing the public. All members of the Board shall be appointed by the Minister with approval of Cabinet, one of whom shall be a person with disability and at least three of whom shall be women. A member of the Board shall hold office on the terms and conditions specified in the instrument of appointment. A member of the board shall hold office for three years and shall be eligible for reappointment for only one further term.
Part III
Secretariat and staff of the Commission
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Secretariat and staff of the Commission - Secretariat of the Commission
The Commission must have a secretariat responsible for day-to-day operations and implementing Board decisions, and the secretariat must be headed by a full time Executive Director.
Section Secretariat of the Commission Section The Commission shall have a secretariat which shall be responsible for the day-to-day operations of the Commission and implementing the decisions of the Board . The secretariat shall be headed by a full time Executive Director . - 16 Verify source ↗
Secretariat and staff of the Commission - Executive Director
Sets appointment, term, removal grounds and reappointment limits for the Executive Director: appointed by the Minister on the Board's recommendation; holds office for five years and may be reappointed only once; a person must cease to hold office on listed grounds including resignation, insolvency, certain convictions, incapacity, nondisclosure of interests, misbehavior, or removal by the Minister on Board recommendation.
Section Executive Director Section A person shall cease to hold the office of Executive Director if that person — is removed from office by the Minister on the recommendation of the Board for— The Executive Director shall be appointed by the Minister on the recommendation of the Board . A person shall not be appointed executive director unless that person has relevant knowledge, qualification and considerable experience in either communications , economics, finance, law or administration. The Executive Director shall hold office for five years, and shall be eligible for reappointment for only one further term. resigns; is declared insolvent; is convicted of a criminal offence in respect of which a penalty of imprisonment of six months or more is imposed without the option of a fine; continuously and persistently being unable to discharge the functions of the office Executive Director ; failing to disclose to the Commission any interest in a contract or proposed contract or any other matter connected to the Commission ; or misbehavior or abuse of office. - 17 Verify source ↗
Secretariat and staff of the Commission - Duties of the Executive Director
The Executive Director is the Commission's chief executive officer and, subject to the Act and Board supervision, must implement Commission policies and programmes, manage funds and property, administer and supervise staff, keep the Board informed of activities, keep records of transactions, and is answerable to the Board.
Section Duties of the Executive Director Section Subject to this Act and to the general supervision of the Board , the Executive Director is the chief executive officer of the Commission and is responsible for— implementing the policies and programmes agreed upon by the Commission ; managing the funds and property of the Commission ; administering, organizing and supervising the staff of the Commission ; keeping the Board informed of the activities of the Commission ; keeping record of all the transactions of the Commission . In the performance of his or her duties, the Executive Director is answerable to the Board . - 18 Verify source ↗
Secretariat and staff of the Commission - Secretary to the Commission
The Board must appoint a secretary to the Commission; the secretary must take the minutes of Board meetings, perform other duties assigned by the Board or Executive Director, and in carrying out duties be answerable to the Executive Director.
Section Secretary to the Commission Section There shall be a secretary to the Commission who shall be appointed by the Board on the terms and conditions specified in the instrument of appointment. The secretary shall be responsible for taking all the minutes of the meetings of the Board . The secretary shall perform all other duties and functions that the Board or the Executive Director may assign to the secretary. The secretary shall, in the discharge of his or her duties, be answerable to the Executive Director . - 19 Verify source ↗
Secretariat and staff of the Commission - Other officers and staff of the Commission
The Commission must have officers and staff as necessary, and the Board must appoint them on terms the Board decides.
Section Other officers and staff of the Commission Section There shall be officers and staff of the Commission as may be necessary for the effective performance of the functions of the Commission . The officers and staff of the Commission shall be appointed by the Board on such terms and conditions as the Board shall determine. - 20 Verify source ↗
Secretariat and staff of the Commission - Protection of members of the Board and officers of the Commission
Members of the Board, officers of the Commission, and persons acting on their directions are exempt from personal liability for acts or omissions done in good faith while exercising functions under the Act.
Section Protection of members of the Board and officers of the Commission Section A member of the Board or an officer of the Commission or a person acting on the directions of the Board or of an officer of the Commission is not personally liable for any act or omission done or omitted to be done in good faith in the exercise of functions under this Act.
Part IX
Fair competition and equality of treatment
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Fair competition and equality of treatment - Commission to promote fair competition
The Commission must promote, develop and enforce fair competition and equality of treatment among all operators in businesses or services relating to communication.
Section Commission to promote fair competition Section The Commission shall, in the performance of its functions under this Act, promote, develop and enforce fair competition and equality of treatment among all operators in any business or service relating to communication. - 53 Verify source ↗
Fair competition and equality of treatment - Unfair competition prohibited
Operators are prohibited from engaging in activities that unfairly prevent, restrict or distort competition in communications services.
Section Unfair competition prohibited Section For the purposes of subsection (1) the acts or omissions include— An operator shall not engage in any activities, which have, or are intended or are likely to have, the effect of unfairly preventing, restricting or distorting competition in relation to any business activity relating to communications services . any abuse by an operator , independently or with others, of a dominant position which unfairly excludes or limits competition between the operator and any other party; entering into an agreement or engaging in any concerted practice with any other party, which unfairly prevents, restricts or distorts competition; or effecting anticompetitive changes in the market structure and, in particular, anticompetitive mergers and acquisitions in the communications sector. - 54 Verify source ↗
Fair competition and equality of treatment - Exceptions to fair competition
The Commission may, in writing, allow an operator to carry out acts or omissions otherwise prohibited by section 53 if the Commission is satisfied of specified benefits and conditions.
Section Exceptions to fair competition Section The Commission may, in writing, allow an operator to carry on any act or omission prohibited under section 53 where the Commission is satisfied that, the act or omission— contributes to— does not— the improvement of any goods or services; the promotion of communications services in Uganda in accordance with this Act; and impose on the parties restrictions which are not indispensable to attaining the objective specified under paragraph (a); and give the parties the ability to substantially reduce competition in respect of the goods or services in question. - 55 Verify source ↗
Fair competition and equality of treatment - Breach of fair competition
The Commission must investigate suspected breaches of fair competition, notify the operator, consider representations, and may order remedies including stopping unfair competition, fines up to ten percent of annual turnover, and voiding anticompetitive contracts; individuals may complain and appeal.
Section Breach of fair competition Section The Commission shall, if it appears that a breach of competition has been committed, investigate the act or omission and give written notice to the operator stating— The Commission may, upon satisfaction that an operator is competing unfairly— The Commission may, by its own motion, investigate any operator who commits any act or omission in breach of fair competition. A person may complain to the Commission against a breach of fair competition by an operator . that the Commission is investigating a possible breach of fair competition; the reasons for the suspicion of a contravention or breach, including any matter of facts or law which are relevant to the investigation; further information required from the operator in order to complete the investigation; and where appropriate, the steps to be taken in order to remedy the breach. The operator may, within thirty days from the date of the notice, make representations in response to the notice. Any person affected by the contravention or breach of fair competition may make a representation to the Commission in relation to the contravention or breach. The Commission shall, after considering any representations of the operator or any other person , fix a date on which to make a decision on the matter. order the operator to stop the unfair competition; require the operator to pay a fine not exceeding ten percent of the annual turnover of the operator ; declare any anticompetitive agreements or contracts null and void. Subsection (6) shall not affect in any way the right of a person to take any other action against the operator under this Act or any other law. Any person aggrieved by the decision of the Commission under this section may appeal to the tribunal . This section shall not limit or in any way affect the obligations of an operator under any condition of a licence . - 56 Verify source ↗
Fair competition and equality of treatment - Denial of access or service
An operator shall not deny access or service to a customer except for nonpayment of dues or for any other just cause.
Section Denial of access or service Section An operator shall not deny access or service to a customer except for nonpayment of dues or for any other just cause. - 57 Verify source ↗
Fair competition and equality of treatment - Equality of treatment
Operators must provide equal opportunity for access to the same type and quality of service to all customers in a given area at substantially the same rates.
Section Equality of treatment Section An operator shall provide equal opportunity for access to the same type and quality of service to all customers in a given area at substantially the same rates, limiting variations to available or appropriate technologies required to serve specific subscribers. - 58 Verify source ↗
Fair competition and equality of treatment - Interconnection of network facilities
Telecommunications operators may enter interconnection agreements with other operators with Commission approval; operators must submit applications to the Commission; the Commission must respond within thirty days (or is deemed to have approved if it does not), must give thirty days’ notice before imposing an agreement, and must issue minimum guidelines.
Section Interconnection of network facilities Section The Commission — A telecommunications operator may, with the approval of the Commission , enter into an agreement with any other operator for the purpose of connecting its network facilities with the network facilities of that other operator on terms and conditions that the operators may agree. The operators referred to in subsection (1) shall submit to the Commission an application for approval of an interconnection agreement accompanied by a copy of the proposed interconnection agreement. Upon receipt of the application and proposed interconnection agreement, the Commission shall within thirty days respond to the application in writing. Where the Commission does not respond to the application in the time specified in subsection (3), the Commission shall be taken to have approved the application. shall, within ninety days from the receipt of an application of an operator or within such other reasonable period in the circumstances; or may, on its own motion, Before imposing an interconnection agreement between two or more operators, the Commission shall give each operator thirty days’ notice stating the reasons for the intended imposition, and giving the operators opportunity to make representations. The Commission shall issue minimum guidelines in accordance with which telecommunications operators shall negotiate interconnection agreements. - 59 Verify source ↗
Fair competition and equality of treatment - Maximum interconnection rates
The Commission must take into account accessibility, affordability and fair competition when determining rates, and may fix maximum interconnection rates notwithstanding section 58.
Section Maximum interconnection rates Section For the purposes of determining the rate under subsection (1), the Commission shall take into account— Notwithstanding section 58 , the Commission may fix maximum interconnection rates. accessibility and affordability of the communications services to all parts of the society; fair treatment and competition among the operators
Part V
Postal services
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Postal services - Licensing of postal services
The text contains two prohibitions: (1) "A person shall not require a licence to convey, deliver or distribute the following postal articles" and (2) "A person shall not convey, deliver or distribute postal articles without a licence issued under this Act."
Section Licensing of postal services Section A person shall not require a licence to convey, deliver or distribute the following postal articles— A person shall not convey, deliver or distribute postal articles without a licence issued under this Act. articles for delivery to another person or persons to whom they are directed, without hire, reward or other profit or advantage for receiving, carrying or delivering them; articles solely concerning goods or other property sent by land, water or air, and delivered with the goods or property to which the letters relate without hire, reward, profit or advantage for receiving them, and the articles are open to inspection and have subscribed on them the words "consignee’s articles" or other words to that effect. - 34 Verify source ↗
Postal services - Subcontracting by a licensee
Section Subcontracting by a licensee Section In the case of postal services , a licensee may use a subcontractor to perform the services subject to the licensee’s responsibility to comply with all obligations and conditions under the
Section Subcontracting by a licensee Section In the case of postal services , a licensee may use a subcontractor to perform the services subject to the licensee’s responsibility to comply with all obligations and conditions under the licence and this Act. The liability of a subcontractor of a licensee under subsection (1) in the collection, transmission or delivery of any postal article or for loss or delay of or damage to the article or any other loss or damage in relation to the performance of postal services shall be the same as the liability of the licensee. Subsection (2) does not affect the liability of the subcontractor to the licensee. - 35 Verify source ↗
Postal services - Protection of postal articles
Persons engaged in postal services must protect postal articles and ensure their employees do not open, disclose the contents of, or deliver postal articles to anyone other than the addressee without the addressee's consent.
Section Protection of postal articles Section A person engaged in postal services shall protect any postal article and ensure that an employee of that person does not— Subsection (1) does not apply to an article opened or disposed of under— open the article; know or disclose the contents of a postal article ; deliver an article in the course of transmission to a person other than the addressee, without the consent of the addressee; permit that article to be opened or delivered to a person other than the addressee, without the consent of the addressee, or permit anyone other than the addressee to know or to disclose the contents of a postal article . Any person who negligently or knowingly fails to comply with subsection (1) commits an offence and is liable on conviction to a fine not exceeding one hundred and twenty currency points or imprisonment for a period not exceeding five years or both on the first conviction; and a fine not exceeding two hundred and forty currency points or imprisonment for a period not exceeding ten years or both on a subsequent conviction. the law regulating customs; any other law prohibiting or regulating the importation or exportation of an article; any regulation permitting the opening of a postal article for the purposes of ascertaining details pertaining to the sender or addressee which are necessary in order to return or deliver the postal article . - 36 Verify source ↗
Postal services - Limitation of liability of a licensee
A holder of a licence must give notice to the public about which types of liability listed in subsection (1) apply to that licensee.
Section Limitation of liability of a licensee Section The liability of a holder of a licence for— the loss, misdelivery or delay of or damage to, any postal article in the course of transmission by the licensee; the interception, detention or disposal of any postal article in accordance with this Act; or the wrong payment of a money order, The holder of a licence shall give notice to the public regarding the type of liability under subsection (1) which applies to the licensee.
Part VI
Video and cinema operators
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Video and cinema operators - Licence for cinematograph theatre or video library
Persons must not operate a cinematograph theatre or a video or film library without a licence issued by the Commission.
Section Licence for cinematograph theatre or video library Section A person shall not operate a cinematograph theatre or a video or film library without a licence issued by the Commission . The Commission shall issue the licence on terms and conditions the Commission may consider necessary. The Commission shall, before issuing a licence under this section consider whether, at the place or premises of the applicant, there is adequate provision for the safety, health or convenience of the persons attending a video or cinematograph exhibition . A person who contravenes subsection (1) commits an offence and is liable on conviction to a fine not exceeding twenty four currency points or imprisonment not exceeding twelve months or both.
Part VII
General provisions relating to licences
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General provisions relating to licences - Application for a licence
An application for a licence under this Act shall be made to the Commission in the prescribed form.
Section Application for a licence Section Before granting a licence , the Commission shall, take into account the following— A licence under this section shall— An application for a licence under this Act shall be made to the Commission in the prescribed form. whether the applicant is an eligible person ; the capability of the applicant to operate a system or service for which a licence is sought; the objectives of this Act; whether the grant of the licence is in the public interest. be issued upon payment of the fees prescribed for the licence ; state the terms and conditions upon which it is granted; specify the services to be provided by the operator ; where applicable, specify the network to be operated. The Commission shall grant the licence within sixty days from the date of application. Where the Commission refuses to grant the licence , it shall within fourteen days provide a written explanation to the applicant, giving reasons for the refusal. - 39 Verify source ↗
General provisions relating to licences - Terms and conditions of a licence
The Commission must prescribe licence terms and conditions; licences may include specified service obligations; operators must provide the services for which they are licensed.
Section Terms and conditions of a licence Section For the purposes of this section, the conditions may include— The Commission shall prescribe the terms and conditions of all operators licensed under this Act. A licence may include the provision of services to rural or sparsely populated areas or other specified areas and other conditions specified in Schedule 6. An operator shall provide the service for which that operator has obtained a licence . in the case of a licence to establish a radio communication station, the specifications as to the positions and nature of the station, the purpose for and circumstances in which and the persons by whom the station may be installed or used; in the case of any other telecommunication licence , specifications as to the apparatus which may be installed or used, the places where, the purposes for, the circumstances in which and the persons by whom an apparatus may be used; and in the case of a postal services licence , specifications as to the services to be performed, the place of postal services and the geographical spread of the services and places. - 40 Verify source ↗
General provisions relating to licences - Modification of licence
The Commission may modify licence conditions on reasonable grounds and must give notice (at least sixty days) and an opportunity to be heard; aggrieved persons may appeal to the tribunal.
Section Modification of licence Section The Commission may, upon reasonable grounds, modify the conditions of any licence if the Commission considers it necessary to achieve the objectives of this Act, or is in the public interest, taking into account the justified interests of operators and the principles of fair competition and equality of treatment. Before modifying any condition of a licence , the Commission shall give the operator notice of not less than sixty days, stating the reasons for the intended modification and giving the operator an opportunity to make any representation. The Commission shall give an operator reasonable time within which to comply with the modification of the licence . A person aggrieved by a decision of the Commission may appeal to the tribunal . - 41 Verify source ↗
General provisions relating to licences - Suspension and revocation of licence
The Commission may suspend or revoke licences on specified grounds, may set remedial timeframes and fines (up to 10% of gross annual revenue), and must give the operator at least sixty days written notice during which the operator may make representations.
Section Suspension and revocation of licence Section The Commission may suspend or revoke a licence issued under this Act, on the following grounds— After consideration of any representations by the operator , the Commission may— Where the Commission is of the opinion that the measures under subsection (3) are not sufficient, the Commission may— serious and repeated breach of the licence conditions; any fraud or intentional misrepresentation by the operator applying for the licence ; where the operator is engaged in or is supporting activities amounting to a treasonable offence under the Penal Code Act; or where the operator has ceased to be an eligible person . prescribe time during which the operator is required to remedy the offending act or conduct; require the operator to pay a fine not exceeding the equivalent of ten percent of its gross annual revenue. The Commission shall give the operator written notice of not less than sixty days specifying the reasons for the intended suspension or revocation, during which the operator may make representations to the Commission . suspend the licence for a specified period; or revoke the licence . - 42 Verify source ↗
General provisions relating to licences - Transfer of licence
Licences issued by the Commission cannot be transferred without the Commission's written consent; operators may apply for consent; the Commission must decide within 45 days and must give written reasons within 14 days if refusing.
Section Transfer of licence Section For the purposes of this section— A licence issued by the Commission shall not be transferred without the written consent of the Commission . An operator may apply to the Commission in the prescribed manner for consent to transfer a licence . An application under subsection (2) shall be accompanied by an application for grant of a licence by the person to whom the operator intends to transfer the licence . The Commission shall in considering an application for the transfer of a licence have regard to the same terms and conditions as those that apply to the grant of a new licence , but the Commission may in its discretion refuse to grant the application under this section. "transfer of licence " includes the acquisition of control of the licence holder; "control" as used with respect to any person shall mean the possession, directly or indirectly, of the power to direct or cause the direction of the management of that person , whether through the ownership of shares, voting, securities, partnership or other ownership interests, agreement or otherwise. The Commission shall grant its consent to transfer a licence within forty five days from the date of application. Where consent is not granted under this section, the Commission shall within fourteen days provide a written explanation, giving reasons for the refusal. - 43 Verify source ↗
General provisions relating to licences - Lapse and renewal of a licence
Applications for licence renewal must be made at least two months before expiry; the Commission must consider operator performance when deciding renewals and must renew within thirty days or explain refusals within fourteen days.
Section Lapse and renewal of a licence Section An application for the renewal of a licence shall be made at least two months before the expiration of the licence . In considering an application for a renewal of a licence , the Commission shall have regard to the performance of the operator during the duration of the licence . The Commission shall renew a licence within thirty days from the date of application. Where a licence is not renewed under this section, the Commission shall within fourteen days, provide a written explanation, giving reasons for the refusal. - 44 Verify source ↗
General provisions relating to licences - Annual report on operations of licensee
Every licensee must prepare and submit to the Commission, at the end of each year of business and in the prescribed form, a report on its operations and services and on compliance with licence conditions.
Section Annual report on operations of licensee Section Every licensee shall, at the end of each year of business, prepare and submit to the Commission in the prescribed form, a report on the operations and services of the licensee and the extent to which the conditions of the licence are followed.
Part VIII
Investigation and inspections
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Investigation and inspections - Investigation of complaints
The Commission may investigate matters within its functions that relate to communications services or apparatus in Uganda and representations made to the Commission by or on behalf of interested persons.
Section Investigation of complaints Section The Commission may investigate any matter within its functions under this Act which relates to— communications services or apparatus provided or supplied in Uganda; and any representation made to the Commission by or on behalf of a person whom the Commission considers to have an interest in the matter which is the subject of the representation. - 46 Verify source ↗
Investigation and inspections - Power to institute inquiries
The Commission may appoint persons or committees and give them procedural directions; it must institute an inquiry when directed by the Minister.
Section Power to institute inquiries Section The Commission may appoint any person or committee to inquire into and report to the Commission on any matter pending before the Commission . The Commission shall institute an inquiry where the Commission is directed to do so by the Minister . The Commission may give to a person or committee appointed under this section, directions regarding the procedures for conducting the inquiry. - 47 Verify source ↗
Investigation and inspections - Report on investigations
Persons or committees appointed under section 46 must submit a report to the Commission in the form and manner the Commission may direct; if the inquiry was instituted under the Minister's direction, the Commission must send a copy to the Minister.
Section Report on investigations Section A person or committee appointed to carry out inquiries under section 46 shall submit a report to the Commission in a form and manner that the Commission may direct. Where an inquiry is instituted in accordance with the direction of the Minister , the Commission shall submit a copy of the report to the Minister . - 48 Verify source ↗
Investigation and inspections - Directions to remedy breach
If, after an investigation, the Commission is satisfied an operator breached a licence condition or obligation, the Commission may direct the operator in writing to remedy the breach or perform acts specified by the Commission, following the procedures in section 41.
Section Directions to remedy breach Section Where as a result of an investigation the Commission is satisfied that an operator has breached a condition of a licence or an obligation under this Act, it may direct the operator in writing to remedy the breach or to do such act or acts as the Commission may specify in the direction, in accordance with the procedures specified in section 41 . - 49 Verify source ↗
Investigation and inspections - Appointment of inspectors
The Commission may appoint inspectors to verify compliance; an inspector must produce their instrument of appointment and identification when required to do so by any person.
Section Appointment of inspectors Section The Commission may appoint inspectors for the purposes of verifying compliance with this Act and the decisions of the Commission . An inspector shall, when exercising powers under this Act, produce the instrument of appointment and identification when required to do so by any person . - 50 Verify source ↗
Investigation and inspections - Powers of an inspector
An inspector may enter and inspect places and examine or remove documents and equipment for enforcement, may use copying equipment, must sign for removed items and leave a signed copy, must not enter a dwelling without occupant consent except with a warrant or in exigent circumstances, and the owner/person in charge must assist the inspector.
Section Powers of an inspector Section Subject to subsection (3), an inspector may— Where a place referred to under subsection (1) is a dwelling house, an inspector shall not enter that dwelling house without the consent of the occupant, unless— enter and inspect at any reasonable time any place owned by or under the control of an operator in which the inspector believes on reasonable grounds to be any document, information or apparatus relevant to the enforcement of this Act and examine the document, information or apparatus or remove it for examination or reproduction; enter any place in which the inspector believes that there is radio apparatus or interference-causing apparatus, and examine any radio apparatus, logs, books, reports, data , records, documents or other information, and remove the information, document, apparatus or equipment for examination or reproduction; make reasonable use of any copying equipment or means of communication located at the place. The inspector shall sign for any information, document, article, apparatus or equipment removed by the inspector under this section and shall leave a copy of the signed record with the operator . under the commission of a warrant issued under section 51 ; or where by reason of exigent circumstances, it would not be practical for the inspector to obtain a warrant. For the purposes of subsection (3)(b), "exigent circumstances" include circumstances in which the delay arising from obtaining a warrant would result in danger to human life or safety, loss or destruction of evidence. The owner or person in charge of a place entered by an inspector shall give the inspector all reasonable assistance to enable the inspector to carry out the inspector’s duties under this Act. - 51 Verify source ↗
Investigation and inspections - Search warrant
An inspector executing a warrant shall not use force unless accompanied by a police officer and the warrant specifically authorises the use of force.
Section Search warrant Section Where on application, a magistrate is satisfied by information on oath that— entry to a dwelling house is necessary for the purpose of performing any duty of an inspector under this Act; and entry to a dwelling house has been refused or is likely to be refused, In executing a warrant issued under this section, an inspector shall not use force unless accompanied by a police officer, and unless the use of force is specifically authorised in the warrant. For the purposes of this section, "magistrate" means a Magistrate not below a Magistrate Grade I.
Part X
Uganda Communications Tribunal
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Uganda Communications Tribunal - Establishment of Uganda Communications Tribunal
Establishes the Uganda Communications Tribunal and sets its composition, chair, tenure and use of technical advisers.
Section Establishment of Uganda Communications Tribunal Section There is established a tribunal known as the Uganda Communications Tribunal. The tribunal shall consist of a judge and two other persons appointed by the President on the recommendation of the Judicial Service Commission . The judge shall be the chairperson of the tribunal . The chairperson or a member of the tribunal shall hold office for four years, and shall be eligible for reappointment. The tribunal may, in the discharge of its functions, be assisted by not more than four technical advisers appointed by the tribunal from technical persons identified by the Minister . A technical adviser shall be appointed for a specific assignment after which the appointment shall lapse. - 61 Verify source ↗
Uganda Communications Tribunal - Funds of the tribunal
Lists the sources that make up the funds of the tribunal: appropriations by Parliament; grants, gifts or donations acceptable to the Minister and the Minister responsible for finance; or funds from the Commission under section 71.
Section Funds of the tribunal Section The funds of the tribunal shall consist of— money appropriated by Parliament from time to time for enabling the tribunal to perform its functions; grants, gifts or donations from the Government or other sources acceptable to the Minister and the Minister responsible for finance; or funds provided to the tribunal by the Commission under section 71 . - 62 Verify source ↗
Uganda Communications Tribunal - Disqualification from appointment to the tribunal
A person shall not be appointed to the tribunal or as a technical adviser if they meet any of several disqualifying conditions (ownership/engagement in communications companies or equipment manufacture/distribution, financial interest, undischarged bankruptcy or arrangement with creditors, incapacity by illness, or otherwise unfit).
Section Disqualification from appointment to the tribunal Section A person shall not be appointed to the tribunal or as a technical adviser who— is engaged in a communications company or organisation which operates communications systems or provides services or is engaged in the manufacture or distribution of communications equipment in Uganda, as an owner, shareholder, partner or otherwise, whether directly or indirectly; has a financial or proprietary interest in an organisation referred to in paragraph (a) or in the manufacture or distribution of communications apparatus anywhere in Uganda; is an undischarged bankrupt or has made any arrangement with creditors; is incapacitated by mental or physical illness; or is otherwise unable or unfit to discharge the functions of office of a member of the tribunal or technical adviser. - 63 Verify source ↗
Uganda Communications Tribunal - Vacating office of member of the tribunal
The office of a tribunal member falls vacant and a technical adviser ceases to be one under specified conditions.
Section Vacating office of member of the tribunal Section The office of a member of the tribunal shall fall vacant if— A technical adviser shall cease to be a technical adviser if he or she— the member is continuously and persistently unable to perform the functions of the office; the member engages in misbehaviour or abuse of office; the member is subsequently disqualified from membership in accordance with section 62 ; the member fails to disclose to the tribunal any interest in a contract or proposed contract or any other matter before the tribunal . A vacancy under subsection (1)(a) shall be determined by the President on the recommendation of the Minister . A member of the tribunal may resign office by notification in writing to the President. is subsequently disqualified from appointment in accordance with this section; fails to disclose to the tribunal any interest in the communications sector or in a contract or other matter before the Commission or the tribunal ; subsequently acquires any material interest in the communications sector. A vacancy under sub-section (4) shall be determined by the Minister on the recommendation of the Commission . A technical advisor may resign office by notification in writing to the Minister . - 64 Verify source ↗
Uganda Communications Tribunal - Jurisdiction of the tribunal
The tribunal has jurisdiction to hear and decide matters about communications services arising from Commission or Minister decisions, but it does not try criminal offences.
Section Jurisdiction of the tribunal Section The tribunal shall have jurisdiction to hear and determine all matters relating to communications services arising from decisions made by the Commission or the Minister under this Act. For the avoidance of doubt, the jurisdiction of the tribunal does not include the trial of any criminal offence. - 65 Verify source ↗
Uganda Communications Tribunal - Powers of the tribunal
The tribunal has the same powers as the High Court, and aggrieved persons may appeal to the Court of Appeal within thirty days.
Section Powers of the tribunal Section The tribunal shall in the exercise of its jurisdiction under this Act have all powers of the High Court. For the purposes of this section the law applicable to a civil action in the High Court shall, with the necessary modifications, apply to proceedings before the tribunal . Judgments and orders of the tribunal shall be executed and enforced in the same manner as judgments and orders of the High Court. Any person aggrieved by a decision of the tribunal may within thirty days from the date of the decision or order appeal to the Court of Appeal. The law applicable to appeals from the High Court in civil matters shall, with the necessary modifications or the written adjustments as the Chief Justice may direct, apply to appeals from the Commission to the tribunal and from the tribunal to the Court of Appeal.
Part XI
Uganda Post Limited
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Uganda Post Limited - Uganda Post Limited
Uganda Post Limited must provide certain reserved and mandatory postal services at uniform prices; it is exclusively responsible for producing official postage items; it may license use of franking machines subject to conditions.
Section Uganda Post Limited Section Uganda Post Limited shall provide reserved postal services , exclusively and the postal services that the company is required to provide, as mandatory postal services , at uniform prices and conditions. The Uganda Post Limited shall, exclusively, be responsible for producing and issuing postage stamps, prestamped envelopes, aerograms and international reply coupons bearing the official national coat of arms or the words "Republic of Uganda", "Uganda" or "Uganda Post". The Uganda Post Limited may, subject to such conditions as it may determine and without prejudice to the provisions of this Act or any regulations made under this Act, license the use by any person of franking machines.
Part XII
Financial provisions
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Financial provisions - Funds of the Commission
The funds of the Commission must consist of specified revenue sources; the Minister must determine by statutory instrument the percentage of international incoming traffic revenue to be collected by the Commission.
Section Funds of the Commission Section The funds of the Commission shall consist of— money appropriated by Parliament for the purposes of the Commission ; licence fees and money paid to the Commission for services rendered; money collected from the levy on the gross annual revenue of operators charged in accordance with section 68 ; revenue collected from license in respects of intemationl incoming telecommunications traffic; money borrowed by the Commission ; loans, grants, gifts or donations from Government and other sources made with the approval of the Minister , the Minister responsible for finance and Parliament. The Minister shall by statutory instrument determine the percentage of revenue received by operators from internationl incoming telecommunications traffic to be collected by the Commission . - 68 Verify source ↗
Financial provisions - Levy on gross annual revenue of operators
The Commission may levy a charge on the gross annual revenue of operators licensed under this Act.
Section Levy on gross annual revenue of operators Section The Commission may levy a charge on the gross annual revenue of operators licenced under this Act. The levy in subsection (1) shall be the percentage specified in schedule 5. For avoidance of doubt, the levy in subsection (2) shall not be less than two percent. The levy shall be shared between information and communication technology development and rural communication in the ratio of one to one. - 69 Verify source ↗
Financial provisions - Power to open and operate bank accounts
The Commission must open and maintain bank accounts necessary for performing its functions; the Board determines how those accounts are operated.
Section Power to open and operate bank accounts Section The Commission shall open and maintain bank accounts as are necessary for the performance of the functions of the Commission . The bank accounts shall be operated in a manner determined by the Board . - 70 Verify source ↗
Financial provisions - Estimates of income and expenditure
The Board must prepare and submit a budget with the Commission's income and expenditure estimates to the Minister at least two months before each financial year; the Commission must not spend beyond that budget without the Minister's approval.
Section Estimates of income and expenditure Section The Board shall, not less than two months before the beginning of each financial year, prepare and submit to the Minister for approval, a budget containing the estimates of income and expenditure of the Commission for the next financial year. The Commission shall not incur any expenditure exceeding the budget without the approval of the Minister . - 71 Verify source ↗
Financial provisions - Application of Commission funds
Subject to section 70(2), the funds of the Commission may be applied to pay or discharge expenses, obligations (including international obligations), liabilities, and any remuneration or allowances payable under this Act.
Section Application of Commission funds Section Subject to section 70 (2), the funds of the Commission may be applied to the payment— or discharge of expenses, obligations, including international obligations, or liabilities incurred in connection with the performance of the functions or exercise of the powers of the Commission ; of any remuneration or allowances payable under this Act. - 72 Verify source ↗
Financial provisions - Investment of surplus funds
The Board must declare any surplus Commission funds to the Minister at the end of the financial year; the Board may determine how surplus funds are invested with the Minister's approval.
Section Investment of surplus funds Section Any funds of the Commission not immediately required for any purpose under this Act, may be invested— The Board shall declare to the Minister any surplus funds that the Commission may have at the end of the financial year. on a fixed deposit account with a bank approved by the Board ; in treasury bills and securities of the Government; in any other manner determined by the Board with the approval of the Minister , other than in the business licensed under this Act. - 73 Verify source ↗
Financial provisions - Financial year of Commission
The Commission's financial year runs from 1 July to 30 June of the next year.
Section Financial year of Commission Section The financial year of the Commission is the period of twelve months beginning on the 1st day of July in each year, and ending on the 30th day of June in the next calendar year. - 74 Verify source ↗
Financial provisions - Accounts
The Commission must keep proper accounting records, prepare annual financial statements within three months after the financial year ends, and submit the annual accounts to the Auditor General within three months after each financial year.
Section Accounts Section The Commission shall— keep proper books of accounts and all records relating to the transactions and affairs of the Commission ; within three months after the end of the financial year, prepare annual financial statements for the preceding financial year; and within three months after the end of each financial year, submit the annual accounts to the Auditor General. - 75 Verify source ↗
Financial provisions - Audit
The Auditor General or an auditor appointed by the Auditor General must audit the Commission's accounts each financial year and must, within three months after receiving the accounts, submit a report on the audited accounts to the Minister and Parliament.
Section Audit Section The Auditor General or an auditor appointed by the Auditor General shall, in each financial year, audit the accounts of the Commission . The Auditor General or an auditor appointed by the Auditor General shall within three months after receipt of the accounts submit to the Minister and Parliament a report on the audited accounts of the Commission .
Part XIII
Offences and penalties
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Offences and penalties - Unlawful opening of postal article
A person must not open, reveal, destroy, permit interference with, or fraudulently alter postal articles or related documents except as authorised by this Act or other law.
Section Unlawful opening of postal article Section A person who— opens or permits to be opened any postal article otherwise than in accordance with this Act or any other law; knowingly reveals, discloses or in any way makes known the content of information in relation to a postal article opened under this Act or otherwise than in accordance with this Act or any other law; knowingly destroys, detains or secrets any mail bag or postal article otherwise than in accordance with this Act or any other law; knowingly permits any unauthorised person to interfere with any mail bag or postal article ; fraudulently or with intent to deceive, prepares, alters, secrets or destroys any document used for the purposes of postal services , - 77 Verify source ↗
Offences and penalties - Issuing money order with fraudulent intent
It is an offence for a person to issue a money order or valuable security with intent to defraud or without a licence; on conviction the person may be fined up to twelve currency points or imprisoned for up to six months, or both.
Section Issuing money order with fraudulent intent Section A person who with intent to defraud or without a licence under this Act issues any money order or valuable security commits an offence and is liable on conviction to a fine not exceeding twelve currency points or to imprisonment not exceeding six months or both. - 78 Verify source ↗
Offences and penalties - Offences and penalties for unlicensed persons
Any person who establishes, installs, maintains, provides or operates a radio communication station; a telecommunications system or service; or a postal service,
Section Offences and penalties for unlicensed persons Section Any person who establishes, installs, maintains, provides or operates— a radio communication station; a telecommunications system or service; or a postal service, - 79 Verify source ↗
Offences and penalties - Interception and disclosure of communication
Operators, their employees, and any person without lawful excuse must not intercept, use, or disclose communications unlawfully; such conduct is an offence punishable by fines (up to 120 currency points) or imprisonment (up to 5 years), doubled on subsequent conviction.
Section Interception and disclosure of communication Section Any operator of a communications service or system, or employee of an operator of a communications service or system who— unlawfully intercepts any communication between other persons sent by means of that service or system; unlawfully interferes with or obstructs any radio communication ; or unlawfully discloses any information in relation to a communication of which that operator or employee is aware, Any person who without lawful excuse, intercepts, makes use of or divulges any communication except where permitted by the originator of the communication, commits an offence and is liable on conviction to a fine not exceeding one hundred and twenty currency points or imprisonment not exceeding five years or both. For the purpose of sub-clause (2) where the conviction is a subsequent conviction, the person shall on conviction be liable to a fine not exceeding two hundred and forty currency points or imprisonment not exceeding ten years or both. - 80 Verify source ↗
Offences and penalties - Interception of Government communication
Operators of communications services and their employees must not intentionally intercept, disrupt, deny accessibility to, or divert government communication; doing so is an offence attracting a fine (up to ninety six currency points) or imprisonment (up to forty eight months) or both.
Section Interception of Government communication Section An operator of communications services or employee of an operator who intentionally intercepts, disrupts, denies accessibility to or diverts government communication commits an offence and is liable on conviction to a fine not exceeding ninety six currency points or imprisonment not exceeding forty eight months or both. - 81 Verify source ↗
Offences and penalties - Sending false distress signals
It is an offence for any person who knowingly sends or causes to be sent any false or fraudulent distress signal, message, call or radiogram.
Section Sending false distress signals Section Any person who knowingly sends, transmits or causes to be sent or transmitted any false or fraudulent distress signal, message, call or radiogram of any kind commits an offence and is liable on conviction to a fine not exceeding thirty currency points and in the case of a second conviction to a fine not exceeding ninety six currency points, or to imprisonment not exceeding forty eight months or both. - 82 Verify source ↗
Offences and penalties - Offences in respect of radio communications
It is an offence for a person to install, operate or possess radio communications apparatus except in accordance with the Act, or, without lawful excuse, to manufacture, import, distribute, lease, offer for sale, sell, install, modify, operate or possess apparatus or components that cause interference or were used or intended to be used to contravene the Act.
Section Offences in respect of radio communications Section A person who— installs, operates or possesses a radio communications apparatus except in accordance with this Act; or without lawful excuse manufactures, imports, distributes, leases, offers for sale, sells, installs, modifies, operates or possesses any apparatus or device or its component under circumstances that give rise to a reasonable interference to another apparatus, device or component or if that apparatus device or component has been used, or is or was intended to be used, for the purposes of contravening this Act, - 83 Verify source ↗
Offences and penalties - Protection of telecommunication installations
It is an offence for a person to prevent or obstruct messages or to damage, remove or tamper with telecommunication installations; the court may order a convicted person to make good any damage.
Section Protection of telecommunication installations Section A person who— prevents or obstructs the transmission or delivery of any message; or damages, removes or tampers with any installation or plant or any part of it belonging to an operator , In addition to the penalty under subsection (1), the court may order the person convicted to make good any damage occasioned. - 84 Verify source ↗
Offences and penalties - False advertisement
It is an offence for a person, without a licence, to advertise or place a notice, mark or word implying they hold a licence under the Act.
Section False advertisement Section A person who, without a licence , advertises or places a notice, mark or word at any place which notice, advertisement, mark or word signifies, implies or may reasonably lead the public to believe that the advertiser or other person is a holder of a licence under this Act commits an offence and is liable on conviction to a fine not exceeding ninety six currency points or imprisonment not exceeding four years or both and in case of a continuing offence, to a further fine not exceeding forty eight currency points for each day during which the offence continues after conviction. - 85 Verify source ↗
Offences and penalties - General penalty
A person convicted of an offence under the Act for which no penalty is provided is liable to a fine not exceeding ninety six currency points or imprisonment not exceeding four years, or both.
Section General penalty Section Any person convicted of an offence under this Act for which no penalty is expressly provided is liable to a fine not exceeding ninety six currency points or imprisonment not exceeding four years or both.
Part XIV
Miscellaneous
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Miscellaneous - Powers of the Commission in a state of emergency
During a state of emergency, the Commission may direct operators, take temporary possession of communication stations (not exceeding six months), and order licensed persons to intercept or detain postal articles; officers receiving delivered articles must dispose of them as the Commission specifies; a Presidential proclamation under article 110 is conclusive proof of a state of emergency.
Section Powers of the Commission in a state of emergency Section The Commission may, during a state of emergency in the interest of public safety— direct any operator to operate a network in a specified manner in order to alleviate the state of emergency; take temporary possession of any communication station within Uganda, and any apparatus which may be installed and used in the station, for a specified period not exceeding six months; in writing direct a licensed person , to intercept or detain a postal article , class or description of postal articles in the course of transmission within Uganda and deliver it to an officer specified in the order. The officer to whom the article is delivered under subsection (1)(c) shall dispose of the article in the manner specified by the Commission . A proclamation by the President under article 110 of the Constitution is conclusive proof of the existence of a state of emergency. - 87 Verify source ↗
Miscellaneous - Transfer of assets and liabilities
Assets, rights and liabilities relating to communications services that belonged to the Uganda Communications Commission or Broadcasting Council before this Act began shall vest in the Commission.
Section Transfer of assets and liabilities Section All assets, rights and liabilities relating to communications services to which Uganda Communications Commission or Broadcasting Council were entitled or subject, before the commencement of this Act, shall vest in the Commission . - 88 Verify source ↗
Miscellaneous - Transfer of service contracts
Employees whose services are transferred to the Commission shall transfer to the Commission on similar or better terms than they previously enjoyed.
Section Transfer of service contracts Section Employees of Uganda Communications Commission and Broadcasting Council immediately before the commencement of this Act whose services are transferred to the Commission shall transfer to the Commission on similar or better terms than those enjoyed by those employees before the transfer. - 89 Verify source ↗
Miscellaneous - Pension fund and retired and redundant employees
Former employees receiving retirement benefits from the Uganda Communications Commission or Broadcasting Council will continue to be paid; employees made redundant because of section 88 are to be paid their calculated retirement benefits and pensions; the contributory pension fund under the Uganda Communications Act continues in force under this Act.
Section Pension fund and retired and redundant employees Section All former employees of the Uganda Communications Commission or Broadcasting Council who at the commencement of this Act are receiving retirement benefits and pensions from the Uganda Communications Commission or Broadcasting Council shall continue to be paid by the Commission . All employees of Uganda Communications Commission or Broadcasting Council who become redundant as a result of the implementation of section 88 shall be paid the calculated and ascertained retirement benefits and pension due to them under the Uganda Communications Act or the Electronic Media Act respectively. The contributory pension fund established under the Uganda Communications Act shall continue in force in accordance with this Act. - 90 Verify source ↗
Miscellaneous - Agreements and licences by the Commission or Broadcasting Council
Recognises as valid licences issued by the Uganda Communications Commission or Broadcasting Council, and any other agreements entered into by those bodies, if they were made before the commencement of this Act.
Section Agreements and licences by the Commission or Broadcasting Council Section All valid— licences issued by Uganda Communications Commission or Broadcasting Council before the commencement of this Act; and any other agreements entered into by Uganda Communications Commission or Broadcasting Council before the commencement of this Act, - 91 Verify source ↗
Miscellaneous - Pending court proceedings or orders of court
Pending court proceedings connected with the Commission's assets or functions that were enforceable immediately before commencement continue to be enforceable by or against the Commission; proceedings against the Attorney General relating to the Broadcasting Council continue until disposed of or satisfied.
Section Pending court proceedings or orders of court Section Any pending court proceedings, court actions, judgments or court orders which were enforceable by or against Uganda Communications Commission immediately before the commencement of this Act, and are connected with the assets vested in the Commission or the functions of the Commission , shall be enforceable by or against the Commission as they would have been enforced by or against the Uganda Communications Commission , immediately before the commencement of this Act. Any pending court proceedings, judgment or order against the Attorney General arising out of matters connected with the Broadcasting Council, shall continue against the Attorney General until they are disposed of or satisfied. - 92 Verify source ↗
Miscellaneous - Service of notices on the Commission
Notices or other documents required to be served on the Commission may be served by delivery to the Executive Director or any authorised employee; delivery at the office of the Executive Director with evidence of receipt; or courier delivery to the Executive Director.
Section Service of notices on the Commission Section Any notice or other document required to be served on the Commission may be served by— delivery to the Executive Director or any authorised employee; delivery at the office of the Executive Director and obtaining evidence of receipt; or courier delivery to the Executive Director . - 93 Verify source ↗
Miscellaneous - Regulations
The Minister may, after consultation with the Commission and with the approval of Parliament, make regulations by statutory instrument to carry the Act into effect; the Executive Director may require non-complying persons to stop or to comply with specified conditions by notice.
Section Regulations Section Without prejudice to subsection (1) the Minister may make regulations relating to— The Minister may, after consultation with the Commission and with the approval of Parliament, by statutory instrument, make regulations for better carrying into effect the provisions of this Act. fees payable upon the grant or renewal of a licence ; the classification or categories of licences; the use of any communications station, apparatus or licence ; obligations for permitting and facilitating the inspection of any communications station, apparatus or licence ; anti competitive practices; energy regulation requirements to be complied with by any person who uses, sells, other than for export, or lets on hire any apparatus generating, designed to generate or liable to generate, fortuitous electromagnetic energy at frequencies that may be specified; the exhibition at any communications station of notices that may be specified in the regulations; the use on board any vessel or aircraft other than a vessel or aircraft registered or licensed in Uganda, within the limits of Uganda and the territorial waters adjacent to Uganda, of communications apparatus on that vessel or aircraft, and the importation, acquisition, manufacture, sale, letting on hire or other disposition of communications apparatus of any kind, or the use or installation of that apparatus; the requirements of the communications services to be provided by a licensee, in terms of quantitative and quality criteria; the specifications of reserved and mandatory services to be provided for by an operator under this Act; the way the consumer will be informed about the range of commercial services and the conditions under which they are provided; prescribing conditions to be observed in the erection, alteration or equipment of cinematograph theatres; prescribing conditions to be observed in relation to safety from fire or otherwise of any cinematograph theatre or the control of person attending the theatre; the conditions under which a licensee can apply for compensation for loss-incurring operations as the result of the operator ’s obligation imposed on the operator by the Commission regarding the provision of uneconomic services in pursuance of the objectives of this Act; the retention of records relating to programmes or broadcasts; the obligations of proprietors, producers or broadcaster in respect of public broadcasts; the licensing and management of telecommunication numbering and orbital slots; the regulation of community broadcasting . Regulations made shall be laid before Parliament. Regulations made under this section may provide in respect of any contravention of the regulations for the imposition of a fine not exceeding forty eight currency points or imprisonment not exceeding twenty four months or both. The Executive Director may by notice require anybody who, in his or her opinion is not complying with the regulations made under this section, to discontinue the use, sale or letting on hire, as the case may be, the apparatus in question, or to use, sell or let on hire the apparatus subject to conditions that may be specified in the notice. - 94 Verify source ↗
Miscellaneous - Amendment of Cap. 49
Amends the Stage Plays and Public Entertainment Act by substituting paragraph (a) of section 1 to define 'Commission' as the Uganda Communications Commission established under the Uganda Communications Act, 2013, and replaces references to "council" with "Commission".
Section Amendment of Cap. 49 Section The Stage Plays and Public Entertainment Act is amended— in section 1 by substituting for paragraph (a) the following— “ (a) Commission means the Uganda Communications Commission established under the Uganda Communications Act, 2013."; Commission means the Uganda Communications Commission established under the Uganda Communications Act, 2013."; by substituting for any reference to "council" in that Act, a reference to " Commission ". - 95 Verify source ↗
Miscellaneous - Amendment of Schedules
The Minister may, with the approval of Cabinet and by statutory instrument, amend the Schedules to this Act.
Section Amendment of Schedules Section The Minister may, with the approval of Cabinet, by statutory instrument amend the Schedules to this Act. - 96 Verify source ↗
Miscellaneous - Repeal and saving
The Electronic Media Act (Cap. 104) and the Uganda Communications Act (Cap. 106) are repealed; statutory instruments made under them and in force immediately before this Act commence remain in force until revoked under this Act.
Section Repeal and saving Section The Electronic Media Act, Cap. 104 and the Uganda Communications Act, Cap. 106 are repealed. Notwithstanding subsection (1), any statutory instrument made under the Electronic Media Act or the Uganda Communications Act which is in force immediately before the commencement of this Act, shall remain in force until revoked under this Act.
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Uganda Communications Act, 2013
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