Information and Communication Technologies Act, 2009

The Authority may issue guidelines, but it must publish them in a daily newspaper in Zambia before they take effect, and the guidelines bind all persons regulated under the Act.

The Authority must consult the Zambia Competition Commission on competition matters in the sector.

The Authority may receive and raise money, charge fees, and the Board may invest unused funds, but some actions need the Minister’s approval.

The Authority’s financial year runs for 12 months and ends on 31 March each year.

The Authority must keep proper accounting books and related records, and its accounts must be audited every year by independent auditors approved through the Auditor-General.

The Authority must submit an annual report to the Minister within 90 days after the end of the financial year, and the Minister must lay it before the National Assembly within 7 days after the Assembly’s first sitting following receipt.

The Authority must publish standard licence terms within 60 days and issue licences, and where applicable assignments, to holders of valid repealed-Act licences within 6 months. Existing licences continue temporarily, but they stop being valid and enforceable after 6 months and the holder has no compensation right.

The Board continues in operation for three months from commencement, then the Minister appoints new members under this Act.

People who were officers or employees of the Authority before this Act starts continue in that role, and their service counts as continuous.

The Authority receives the former Communications Authority’s assets, rights and obligations, and related transfers may need registration.

Proceedings involving the Communications Authority may continue or be started against the Authority after commencement.

A person must not operate an electronic communications network or provide an electronic communications service without a licence under this Act.

The Authority must issue network and service licences, and for each of those licences it must also issue individual and class licence classes.

A person who wants to operate a network or provide an application service must apply for the required licence and pay the prescribed fee.

The Authority must issue a licence if the application complies with the Act and the applicant can meet the licence obligations and conditions.

A licence must include its terms and conditions and last for the prescribed period. A licensee may apply to the Authority to vary the licence, and the Authority may vary it after considering the application and giving reasons if it rejects it.

If a licensee decides not to continue the licensed undertaking, the licensee must notify the Authority in writing and agree with the Authority on surrender terms.

A licensee cannot transfer or otherwise dispose of a licence without prior approval from the Authority.

The Authority may amend a licence after a licensee applies, but only in the listed name-change or succession situations, and it must first notify the public in a daily newspaper. No compensation is payable for the amendment.

The Authority may suspend or cancel a licence on listed grounds, but must first notify the holder, give reasons, and allow up to 30 days to show cause. If the licensee fixes the issue to the Authority’s satisfaction, suspension or cancellation must not proceed.

A licensee may apply to renew a licence at least three months before expiry, in the prescribed form and after paying the prescribed fee. The Authority must renew the licence if the application is made and the stated conditions are met.

A licence stays in force for the period set out in the licence, unless it is revoked or suspended earlier.

A licensee may apply to renew a licence at least three months before it expires, using the prescribed process and paying the prescribed fee. The Authority may renew a licence or temporary licence after application and may set the terms and conditions.

A licence must not be bought, sold, leased, mortgaged, charged, assigned, demised, or otherwise encumbered.

A person may apply to the Authority for a certificate of competence to operate an amateur radio station, and must pay the prescribed fee. The Authority may issue the certificate if the person has the prescribed qualifications and experience.

It is an offence to operate, possess or control certain radio stations, provide a radiocommunication service, or operate an amateur radio station without the required licence or certificate of competence.

The Authority may suspend, revoke, or refuse to renew a licence or certificate of competence if the holder is in default.

A person planning to build a railway or electricity works must give the Authority one month’s written notice, publish the notice, and file plans and details. If the Authority thinks the works may interfere with radio services, it can order remedial action, and non-compliance attracts daily penalties and possible liability for damage.

In this Part, “licensee” means a holder of a network licence or service licence, or both.

The Authority must publish an annual Gazette list of relevant electronic communications markets and licensees treated as dominant, use issued guidelines, and may later modify the list with 30 days’ notice.

This section sets interconnection negotiation, referral, approval, and accounting rules for licensees and the Authority.

The Authority must keep a register of all interconnection agreements.

Licensees must negotiate access agreements in good faith and, if one licensee requests it in writing, negotiate access to the network. Dominant licensees must offer access on reasonable, non-discriminatory terms; access agreements must be in writing and filed with the Authority.

A qualifying licensee must negotiate co-location when another licensee asks in writing, but may refuse in limited cases and must give written reasons; the Authority can resolve disputes and supervise filing, registration, and public notice.

The parties must agree interim interconnection, access, or co-location charges within 60 days if the services were established before the agreement is executed.

Requests or refusals about interconnection, access, or co-location must be made in writing, sent by registered post, and copied to the Authority.

A licensee may set and revise tariffs for electronic communications services, but must follow set pricing principles, get Authority approval before introducing or changing tariffs, and provide detailed billing information to consumers.

A dominant retail electronic communications licensee must submit tariffs and a detailed justification to the Authority for prior approval, and may not apply the tariffs until approved.

The Authority may decide not to apply this Part to a licensee or class of licensees if the stated conditions are met.

A holder of an individual licence must not charge tariff rates or charges for services unless the Authority approves them, must use approved rates, and must publish customer tariff rates and variations.

The Minister may make regulations, by statutory instrument, about how tariff rates for services provided by licensees are determined and published.

A licensee must not exceed Authority-approved tariff rates or charges, or impose unauthorised tariffs or charges; doing so is an offence.

A person who uses certain frequency bands, electronic addresses, or numbers without individual assignment commits an offence.

The Authority can designate frequency bands and numbers for class assignments, and people must apply before using class or individual assignments and pay the prescribed fee.

The Minister may make regulations for a numbering plan, and the Authority must manage and record number information and take existing plans into account.

The Authority may publish a Gazette declaration exempting a person or class of persons from holding an individual or class assignment under this Part.

The Minister may set certain assignment fees and fee exemptions by statutory instrument, after consulting the Authority. If the Authority uses a restricted granting procedure, it must determine the fee for the actual assignment under section 54 declarations.

A holder of an individual assignment must apply for renewal at least 30 days before expiry, and a holder of a class assignment must file an updated registration form 14 days before each yearly anniversary to stay eligible.

The Authority may modify, suspend, or withdraw an individual assignment, but it must first notify the holder and allow representations.

The Authority may, after notice and required process, create, change, repeal, or cancel class assignments. A person de-registered under this section immediately loses the rights covered by the assignment, and no compensation is payable.

A person assigned frequency bands, electronic addresses, or numbers must not transfer the usage rights to a third party unless the Authority gives prior written consent.

A holder of a network licence may enter public land to support electronic communications services, but must not interfere unduly with public use, and landowners or occupiers may receive compensation for significant damage.

A network licence holder must get consent and give notice before entering private land or acquiring private property for public electronic communications services, unless no reasonable alternative exists.

The Authority must set and publish technical standards for electronic communications equipment used in Zambia, and certain importers, suppliers, users and licensees must register equipment or identifiers with the Authority.

The Minister may set technical standards for equipment and electronic communications apparatus, and the Authority must keep, open, and provide copies of incorporated technical standards.

People may not use, sell, lease, or otherwise deal in certain electronic communications equipment unless it has Authority approval.

Service providers must meet Authority-set service quality standards, deal reasonably with consumers, and address consumer complaints.

The Authority must make complaint-handling guidelines for consumer complaints about regulated services, and those guidelines bind licensees and exempt persons.

The Authority must prepare and publish a code of conduct for licensees and persons exempt from holding licenses.

The section establishes a fund for universal access and service and gives the Authority and Minister powers and duties about how it is run.

The Authority must publish an annual report in the print and electronic media within 3 months after each financial year ends, including details of contributions to and allocations from the Fund.

Licensees must try to settle disputes in good faith; if that fails, they may use mediation, arbitration, court relief, or refer the dispute to the Authority.

A person who breaches a General provision of the Act where no specific penalty is provided commits an offence and may be fined or imprisoned on conviction.

Breaking a guideline, decision, licence term, or licence condition under this Act is an offence and can lead to a fine, imprisonment, or both, plus a daily penalty for continued default.

A person who interferes with a mobile telephone handset’s programming, including changing its IMEI, commits an offence.

People employed in connection with an unauthorised radiocommunication service must not unlawfully disclose non-public message contents or use information from those messages for their own purposes. Other people must not reproduce, divulge, or use the contents of a radiocommunication transmission not meant for them. Breach can lead to a fine, prison, or both.

A person who gives false or misleading information, fails to provide required returns or information, or makes knowingly false statements to get a licence or certificate commits an offence.

A person must not enter a non-public part of a licensed radio station without permission, or interfere with radio station works or inspections. Violations are offences punishable by a fine, imprisonment, or both.

If someone is convicted for unlawfully possessing or using radio equipment, the court may order that equipment forfeited to the State.

Using electronic communications or radio equipment to commit an offence against public order or morality is itself an offence.

A person who abets or attempts an offence punishable under the Act is liable, on conviction, to the penalty for that offence.

If a company or unincorporated body commits an offence, certain officers or similar persons may also be treated as having committed it unless they prove lack of consent or connivance and due diligence.

The Director-General may compound an offence by collecting an amount set by the Director-General, capped at 50% of the maximum fine, and payment bars later prosecution for that offence.

Offences under this Act are treated as cognizable offences for purposes of the Criminal Procedure Code.

The Authority may require a licensee to provide documents and other information within a period it تعیینs, and failure to do so is an offence.

The Minister may make regulations by statutory instrument and may amend the Schedules to the Act.

This provision repeals two Acts and sets rules for constituting and managing the Authority’s Board, including member appointments and disqualifications.

The Authority controls its seal, the Secretary keeps it, and specified officers may authenticate or use it for documents and contracts.

A Board member serves for three years, may be reappointed, and stays in office until a successor is appointed. The provision also lists when the office becomes vacant and requires one month’s written notice for resignation.

This section lets the Board manage its own procedure and sets rules for Board meetings, quorum, voting, attendance, and minutes.

The Board may create committees, delegate functions to them, appoint committee members, and allow a committee to regulate its own procedure.

The Board may determine allowances for Board or committee members, but only with the Minister’s approval.

A person at a Board or committee meeting must disclose a private-interest conflict promptly and must not join the discussion or vote on that matter.

The Board must appoint a qualified Director-General, and the Minister must approve the Director-General’s service terms and other staff appointments.

A person must not disclose protected information obtained under the Act to an unauthorised person without written consent from or on behalf of the Board.

Board members, committee members, and Authority staff are protected from lawsuits or other proceedings for good-faith acts or omissions done in carrying out Act powers, functions, or duties.