Information and Communication Technologies Amendment) Act, 2010

3. The principal Act is amended by the repeal of section Jorly­ seven and the substitution therefor of the following new section:

47. (1) Subject to the other provisions of this Act, a licensee may set and revise tariffs in relation to electronic communications seivices. (2) A licensee shall, in setting any tariffs under subsection (I), ensure that the tariffs are transparent and non discriminatory, and are based on costs not greater than the cost of providing the service. (3) A licensee shall submit,to the Authority, in the prescribed manner and form, the tariffs the licensee intends to charge, including the justification, prior to the introduction of the tariffs. ( 4) The Authority shall, within fourteen days of the receipt of the tariffs proposed by a licensee, approve or reject the tariffs. (S) Where a licensee applies for the approval of tariffs under subsection (3) and the approval is not granted within fourteen days of the submission of the application, the approval shall be deemed to have been granted. (6) The Authority shall reject the tariffs proposed by a licensee if the tariffs are in contravention of subsection (2). (7) The Authority shall, where it rejects the tariffs proposed by a licensee, inform the licensee in writing of the reasons therefor within seven days of the Authority's decision. (S) The Authority may request for additional information from a licensee and, where it does so, the period referred to under subsection (4) shall commence from the date of submission of the additional infonnation. (9) A licensee shall, upon approval of the new tariffs by the · Authority- 12 No. 3 of 2010) Information and Comm1111ication Technologies (Amendment) (a} publish the tariffs at the licensee's own expense in at least two daily newspapers of general circulation in Zambia at least seven days immediately following their introduction; and (b) provide its electronic communications services in accordance with the published tariffs. (1 0) A licensee shall not alter or vary tariffs without the prior written approval oftbeAuthority. (11) The Authority shall maintain a register of approved tariffs which shall be open for public inspection on such terms and conditions as the Authority may determine. ( 12) The Authority may carry out reviews of the tariffs so as to ensure that the tariffs conform to the provisions of this section. (I 3) A licensee shall, in relation to the electronic communications services provided to the public, provide detailed billing information to enable the consumers to verify whether or not they have been billed correctly. R•�eal ond re_placement of section 48

4. The principal Act is amended by the repeal of sectionforty­ eighl and the substitution therefor of the following new section: Tariffs for services olfcred by licensee holding dominant position

48. ( l )A licensee that holds a dominant position in a retail electronic communications market shall, in relation to the electronic communications market, submit to the Authority, in the prescribed manner and form, the tariffs the licensee intends to charge, including the justification, prior to the introduction of the tariffs. (2) The Authority shall, within fourteen days of the receipt of the tariffs proposed by a licensee, approve or reject the tariffs. (3) The Authority shall reject the tariffs proposed by a licensee if the tariffs are in contravention of the principles outlined in subsection (2) of section forty-seven. (4) The Authority shall, where it rejects the tariffs proposed by a licensee, inform the licensee in writing of the reasons therefor within seven days of the Authority's decision. (S) The Authority may request for additional information from a licensee and, where it does so, the period referred to under subsection (2) shall commence from the date of submission of the additional information. Information and Communication Technologies (Amendment) ( No. 3 of2010 13 (6) The Authority shall base its decision under subsection (2) on the extent to which the tariffs proposed by the licensee--- (a) comply with the principles outlined in subsection (4) of section.fifty; (b) are cost oriented; and (c) meet such criteria as the Authority may consider relevant for purposes of this Act. T ! ..,. -