Information and Communication Technologies Bill 2009.

8/14/2019 Information and Communication Technologies Bill 2009.

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THE INFORMATION AND COMMUNICATIONTECHNOLOGIES BILL, 2009

M E M O R A N D U M

The ob jects of this Bill are tocontinue the existence of the Comm unications Authority and renam e it

as the Zambia Information and Communication Technology Authority;provide for the regulation of information and comm unication technology;facilitate access to information and comm unication technologies;protect the rights and interests of service providers and consum ers;

(e) repeal the Telecommunications Act, 1994, and the R adiocommunicationsAct, 1994; andprovide for matters connec ted with or incidental to the foregoing.

M . M ALILA,Attorney-General

N.A.B. 15, 200916th June, 2009


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Information and CommunicationNo. of 2009 3TechnologiesARRANGEMENT OF SECTIONS

PART IPRELIMINARY

Short title and commencementInterpretationSupremacy of Act

PART 11THE ZAMBIA INFO RMATION AND CO MMU NICATION S TECHNO LOG Y

AUTHORITYContinuation and re-naming of AuthorityFunctions of AuthorityIndependence of AuthorityAuthority to issue guidelinesCompetition in sector

PART IIILICENSING O F ELE CTRONIC COM MU NICATION S OTHE R THAN

R A D I O C O M M U N I A T I O N SProhibition of operation of network or provision of servicewithout licenceLicencesApplication for licenceIssue of licenceConditions of licenceVariation of licenceSurrender of licenceTransfer of licenceAmendment of licenceSuspension or cancellation of licenceRenewal of licenceExemption of specific persons, activities etc.Obligations of persons undertaking exempt activitiesReserved serviceProvision of essential servicesChange of control of licenceeNecessity for scarce resources assignmentRegister

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4 No. of 2009] Information and CommunicationTechnologies

PART IVR ADIOCOMMUNICATION S ERVICESApplication of part

Prohibition of operating radio station, etc. without licenceApplication for licenceLicenceConditions of licenceD uration of licenceRenew al of licenceLicence not transferableCertificate of competence to ope rate amateur radio stationU nauthorised activitiesS uspension or revocation of licence or certificateN otice to be given certain works

PART VE CONOMIC R EGULATION

D efinitionRelevant markets and dom inant market playersInterconnectionRegister of interconnection agreementAccess agreementCo locationInterim arrangements for interconnection, access or colocation

Authority to be copiedTariffs for services to publicTariffs for services offered by licencee holding dominantpositionForbearanceApp roval of tariffs and charges by AuthorityTariff rates and reg ulationsPenalty for using unapprov ed tariffs, charges etc

PART VIT ECHNICAL REGULATIONProhibition of using frequency, bands, etc. without assignment

S pectrum and number assignmentN umbering planAssignment exemption

57. Assignment feesN.A.B. 15, 2009


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Information and CommunicationNo. of 2009 5TechnologiesAssignment renewalModification, suspension and withdrawal of individualassignmentsM odification, suspension and w ithdrawal of class assignmentRights of transfer, frequenc y, band, etc.Access to public land for provision of electroniccomm unication serviceAcc ess to private land and acq uisition of private propertyTechnical standards for electronic communications apparatusStandards for performance and operation of equipment orelectronic communication apparatusType approval of equipment

PART VIIC O N S U M E R A F F A IR S

Quality of ServiceG uidelines for handling complaintsCode of conduct for service providers

PART VIIIU N I V E R S A L , A C C E S S A N D S E R V I C EU niversal Access and Service Fund

Administration and m anagement of F undAnnual returns

PART IXDISPUTES, REVIEWS AND APPEALSAppeals

Appeals TribunalLicencee disputesPART X

E N F O R C E M E N T A N D O F F E N C E SInspectionS ecurity of electronic communications installation or plantGeneral OffencesF ailure to comply with guidelines, terms or conditions oflicence, etc.Interference with programming of mobile deviceU nauthorised disclosure of radiocommunication messageF urnishing of false information, etc.U nauthorised interference with apparatus, etc.

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6 No. of 2009] Information and Com m unicationTechnologiesForfeiture of equipmentU se of equipment in commission of offencePenalty for abating or attempting to commit offencesO ffences by body corporate or unincorporate bodyPow er of D irector general to compound certain offencesO ffences cognizable

PART XIGENERAL PROVISIONS

Information to be furnished to AuthorityRegulations92. Repeal of Cap. 469 and Cap. 169

SCHEDULESF irst ScheduleS econd ScheduleThird S chedule

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Information and CommunicationNo. of 2009 7TechnologiesA BILL

E N T I T L E DAn Act to continue the existence of the CommunicationsAuthority and re-name it as the Zambia Information andCommunication Technology Authority; provide for theregulation of information and communication technology;facilitate access to information and communicationtechnologies; protect the rights and interests of serviceproviders and consumers; repeal the TelecommunicationsAct, 1994, and the Radiocommunications Act, 1994; andprovide for matters connected with or incidental to theforegoing.E N ACTE D by the Parl iament of Zambia .

PART IP R E L I M I N A R Y

This Act may be cited as the Information and Commun ication5 Technologies Act, 2009, and shall come into operation on suchdate as the M inister may , by statutory instrumen t, appoint.(1) In this Act, unless the context otherwise requires-" aircraft station " has the meaning assigned to it in the S econdSchedule;10mateur radio station " has the meaning assigned to it inthe Second Schedule;" Authority " means the Zambia Information andCom munication Technology Authority referred to undersection four;15Board " m eans the Board of the Authority constituted underparagraph 1 of the First Schedule;broadcaster " means a person licenced to operate abroadcasting service under the Independent BroadcastingAuthority A ct; E nactmentS hort title andcommencementInterpretationAct No. 17

of 2002

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8 No. of 2009] Information and CommunicationTechnologies" certificate of competence " means a certificate issued under

section thirty-five;" Chairperson " means the person appointed as such underparagraph 1 of the First Schedule;" class assignment " means the declaration referred to in 5subsection (4) of section thirty;" class licence" means the licence referred to under

subsection (2) of section ten;" Code of Conduct " means the Code of Conduct forlicencees referred to under section sixty-nine;0" co location " means the accommodation of two or more

switches, antennae or other electronic communicationsnetwork equipment in or on a single building, tower orother structure;

" compan y " has the meaning assigned to it in the Companies 15Cap. 388ct ;" Convention " means the International TelecommunicationsConvention signed inairobi on 6th N ovember, 1982,or any other Convention on, or relating to,

telecommunication, to which the Government of the 20Repu blic of Zambia is a party;" consumer means aerson to whom an electroniccommunications service is rendered, and includes anyperson who purchases electronic communications products

otherwise than for the purpose of re-sale, but does not 25include a person who purchases any electroniccomm unications products for the purpose of using them inthe production and manufacture of any other goods orarticles for sale;

" customer equipment " m eans equipment, cabling, hardware 30and software, employed on the customer side of thenetwork boundary;dealer " means a person who carries on a trade, businessor industry in which transmitting stations or theircomponent parts are assembled, manufactured, imported, 35bought, sold or exchange d or offered or exposed for saleor exchange;

" diffusion service " means(a) the dissemination by means of wires orwirelessly otherwise than within the precincts of 4 0a single private residence, of the whole or anypart of a broadcasting service; or

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Information and CommunicationNo. of 2009 9Technologies(b) the dissemination of music or speech by me ans of

wires or wirelessly connecting two or moreloudspeakers which

are installed in a specific building or within5he precincts of a specified building; or

are perm anently fixed, otherwise than withina single specified building, in a motorvehicle, aircraft, ship or railway train, forpurposes not ancillary or incidental to or10onnected with any exhibition,performance, including a performance bya circus, contest, game or sport, such asthe running of any horse race;

the holding of any concert or the1 5roduction of any play, opera,ballet, pageant or the like;

the showing of cinematograph film;orthe holding of any agricultural,

20orticultural, industrial orcommercial show or any dance,cabaret, garden party, fete, fair,gymkhana or the like; and" diffuse " shall be construed accordingly;

25D irector-G eneral " means the person appointed as such underparagraph 8 of the First Schedule;distress call " means a radiocomm unication concerning safetyof life on land, at sea or in the air;dominant position means a position of economic strength

30njoyed by a licencee which enables the licencee to preventeffective comp etition maintained in the market by affordingthe licencee the power to behave , to an app reciable extent,independently of the licencee's competitors and consumers;

" electronic comm unication " means a transfer of signs, signals,35riting, images, sounds, data or intelligence of any nature,

transmitted in who le or in part by radio, electro-magnetic,photo electronic or photo optical system, but does not include

any wire or direct oral communication;any comm unication made through atone only p aging

40evice;(c) any comm unication from a tracking device; or

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10 No. of 2009] In formation and Com m unicat ionTechnologies(d) electronic funds transfer information stored by a

financial institution in a co mm unications systemused for the electronic storage and transfer offunds;" electronic communications apparatus" includes electronic 5communications network and any equipment or facility

constructed or adapted for use as part of, or for the purposeof, an electronic comm unications service;" electronic communications market " means an area of

activity identified by the Authority, as constituting a single0market within the information and communicationtechnology sector;" electronic communications network " means transmissionsystems and, where applicable, switching or routingequipment and other resources which permit the5conveyance of signals by wire, radio, optical or otherelectro-magnetic means, including satellite networks, fixed,circuit and packet switch, internet, mobile terrestrialnetworks, electricity cable systems, to the extent that theyare used for the purpose of transmitting signals, networks0used for radio and television broadcasting and cabletelevision networks, irrespective of the type o f informationconveyed;" electronic communications service " means a serviceprovided by means of one or more electronic 25communications networks;" exvinpt service " means a service for which there is nolicencing or authorisation required to commence business;" Fund " means the Universal Access and Service Fundestablished under section seventy;0" F und M anager " means the person appointed to administerthe Fund under subsection (1) of section seven ty -one;" generating apparatus means apparatusgenerating or designed to generate; orliable to generate fortuitously;5Hertizan waves of frequency or kind prescribed byregulation;"harmful interference" mea ns radiation, conduction or anyother electro-magnetic effect which

preven ts or impedes, or persistently or repeatedly0interrupts, a radiocom munication service carriedout in accordance with the provisions of this Actor of the Convention; andis not caused by the operation of a transmittingstation in accordance with the p rovisions of this5Act;

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Information and CommunicationNo. of 2009 11TechnologiesHertzian waves " means electro-magnetic waves offrequency not less than ten H ertz and not more than threemillion megaH ertz;" individual assignme nt " means the de claration mad e by the

5uthority under section f i f ty- four," individual licence " means the licence referred to underparagraph (a) of subsection (2) of section ten;" information and communication technology -

means the application of modern communications and1 0omputing technologies to the creation, management and

use of information through the utilisation of hardware.software, networks, and me dia for the collection, storage,processing, transmission and p resentation of informationand related services;

1 5nterconnection " means the physical or logical linking ofone electronic comm unications network to another for thepurpose of allowing the persons using one of them to beable to

communicate with persons using the other20lectronic communications network; ormake use of services provided by means of the

other electronic communications network;" licencee " means a holder of a network licence, servicelicence, class licence or individual licence;

25mobile station " has the meaning assigned to it in the Secon dSchedule;

" network boundary " m eans the first equipment socket in aprivate residence, the m ain distribution frame in a building,or the p oint at which an electronic comm unications network

30eceives electronic communications from, or send electroniccomm unications to, a consumer;network licence" means the licence referred to in paragraph(a) of subsection (1) of section ten:" network service " means a service for the carrying of35nformation, in the form of speech or other sound, data,text or images, by means of guided or unguided electro-magnetic energy, but does not include services providedsolely on the consumer side of the network boundary;physical co-location " means a type of co-location where a40icencee controlling a building, tower or other structure in,or on which, another licencee's switches, antennae or otherelectronic communications network equipment areaccommodated, and allows

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12 No. of 20091 In formation and Com m unicat ionTechnologiesthe other I icencee to operate the switches, antennae or other

electronic com munications network equipment;private land means land other than public land;

" public land means any land owned or held by, or underthe control or management of, a Government ministry, 5institution or department, a chief or a local authority;

" radio apparatus " meansan instrument, pole, m ast, standard, wire, cable, thingor means whatsoever designed, constructed oradapted for use in connection with, or for the 10purpose of, conveying electrical energy to, a radiostation; orany electronic comm unications apparatus which iscapable of transmitting or receiving any signal byradio, excluding subscriber equipment if such 15equipment is used solely for that purpose;

" radio station " means a receiving station or a transmittingstation, or a receiving and transmitting station;

" radiocomm unication " means the transmission and receptionof sounds, graphic images or impulses, wholly or partly, by 20means of H ertzian waves;radiocommunication service " means a service whoseprimary activity is the transmission or reception ofradiocommunications;

" receiving station " means app aratus designed, constructed 25or adapted for use for the reception ofradiocommunications;

" Register " means the Register kept pursuant to sectiontwen ty -s ix;

Cap 469repealed Acts " means the Telecommunications Act, 1994, 30Cap 169nd the Radiocommun ications Act, 1994;reserved services means the services declared as suchby the M inister under section twenty- two;" scarce resources " means resources that are limited, orany frequency spectrum, numbers and electronic 35addresses;" sector " in relation to information and communicationtechnology, means the sector in which employers andemployees are associated for the carrying on of themarketing, m anufacturing, assembling, servicing, installing, 40maintaining or repairing systems, software, equipment,machines, devices and ap paratus, whether utilising man ual,

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Information and CommunicationNo. of 2009 13Technologiesphotographic, optical, mechanical, electrical, electro-staticor electronic principles or a com bination of such principles,that are primarily intended for the recording, processing,monitoring or transmission of voice, data, image or text or

5ny combination thereof, for use in ac counting, calculating,data processing, data transmission, duplicating, textprocessing, document rep roduction, document transmission,record keeping and record retrieval, broadcasting ortransmission for entertainment or information purposes of

1 0oice, image, text or any combination thereof or theprovision of services relating to the foregoing activities;" service licence " means the licence referred to in paragraph(b ) of subsection (1) of section ten:ship station " has the meaning assigned to it in the S econd

1 5chedule;telecommunications officer " means a person appointed assuch under section seventy-s ix ;temporary licence "means the licence referred to undersection thirty;

20transmitting station " mea ns apparatus, other than genera tingapparatus, designed, constructed or adapted for use, forthe transmission or emission of radiocomm unications;" Tribunal " means the Appeals Tribunal established under

section seven ty - four;25Vice Chairperson " means the person elected as such underparagraph 1 of the First Schedule;

"virtual co location" means a type of co location where aI icencee controlling the bu ilding, tower or other structurein, or on which, another licencee's switches, antennae or

30ther electronic comm unications network equipm ent areaccommoda ted, operates those switches, antennae or otherelectronic communications network equipment on behalfof the other licencee;" universal access " means access by all citizens of Zambia35o information and comm unications technology services;

" U nion " means the International Telecommunications U nionestablished under the C onvention;" Zambia Bureau of Standards " means the Zambia Bureauof Standards established under the Standards Act;

40Zambia Competition Commission means the ZambiaCom petition Comm ission established under section eightof the Competition and F air Trading Act.ap. 417Cap. 416

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Supremacyof Act Cap. 1

(2) For purposes of this Act, access " includes access tonetwork elem ents and associated facilities;physical infrastructure, including buildings, ducts and

masts;relevant software systems, including operational supportsystems;

number systems or systems offering equivalentfunctionality;

fixed and mobile networks, in particular roaming;conditional access systems for digital television services;

and0(g) virtual network services.3. Subject to the Constitution, where there is any inconsistency

between the provisions of this Act and the provisions of any otherwritten law relating to the regulation of information andcommunication technologies, the provisions of this Act shall prevail5to the extent of the inconsistency.

PART II

Continuationand renamingofAuthorityCap 469

Autonomyof Authority

Functions ofAuthority

T H E Z A M B I A IN F O R M A T I O N A N D C O M M U N I C A T IO N T E C H N O L O G Y0A U T H O R I T Y4. (1) The Communications Authority established under the

repealed A ct shall continue to exist as if established under this Actand is for purposes of this Act hereby re-named the ZambiaInformation and Comm unications Technology Authority.5

The Authority shall be a body corporate with a commonseal, capable of suing and of being sued and, subject to the provisionsof this Act, capable of performing all such acts and things as abody corporate may, by law do or perform .

The provisions of the F irst Schedule apply to the Authority.05. E xcept as otherwise provided in this Act, the Authority shallbe an autonom ous body and shall not be subject to the direction ofany other person or authority.

6. (1) The A uthority shall regulate the provision of electronic5

communication services and products and monitor the performanceof the sector, including the levels of investment and the availability,quality, cost and standards of the electronic communication services.

(2) Without limiting the generality of subsection (1), the0Authority shall-N.A.B. 15, 2009


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Information and CommunicationNo. of 2009 15Technologiesimplement and administer the licencing and assignmentschemes p rovided for under this Act, including settingstandards for the sector;provide for national frequency and num bering plans and

5acilitate the efficient use and allocation of numbe rs andfrequencies;promote and facilitate the provision, in urban and ruralareas, of such information and electronic comm unicationservices that meets all reasonable demand including, in10articular, emergency services, directory informationservices and maritime services;approve the sites at which all transmitting stations, otherthan aircraft stations, mobile stations or ship stations,are to be established and at which all radio station1 5pparatus used in connection with the transmitting stationis to be erected;(e) disseminate information and promote the participation ofthe public in the provision of electronic communicationsservices;20f) promote the interests of consumers, purchasers and otherusers of information and electronic communicationsservices, including, in particular, persons with disabilitiesand the age d in respect of the accessibility, quality andvariety of the services and equipment;

25g) promote competition among persons engaged incommercial activities relating to, or in connection with,the provision of information and communicationtechnology and efficiency and economy on the part ofpersons so engaged;

30h) promote research, development and the use of new andapprop riate technologies in the sector and promo te themanufacturing and production of relevant apparatus;(i) attract and encourage local and foreign investment ininformation and communication technology and promote35he provision of international transit services;administer the country code top level domain and electronicaddresses;(k) allocate the frequency on which all radio transmittingstations and apparatus shall be worked;

40l) approve-the mode of transmission to be adopted inconnection with all transmitting stations andthe power to be radiated therefrom;the classes, types and standards of transmitting45tations and the radio station apparatus to beused in connection with different classes ofradiocommunication services; and

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16 No. of 200911 In formation and Com m unicat ionTechnologies

Authority toissueguidelines

Competitionin sector

Prohibitionof operationof networkor provisionof servicewithoutlicence

(iii) the classes, types and standards of receivingstations and radio and other apparatus to beused in connection with diffusion services; and

(m) perform any other functions as are necessary orincidental to the performance of its functions under 5this Act.

The Minister may give to the Authority such generaldirectives with respect to the carrying out of its functions underthis Act as the M inister considers necessary or expedient and theAuthority shall give effect to the directives.0

The Au thority is hereby authorised to undertake and carryon any w orks or activities that, for persons other than the Authority,would by v irtue of this Act require a licence.

The Authority may perform such other functions andexercise such powers as are conferred on it by, or under, any 15other law.

In exercising the powers conferred upo n it under this Act,the Authority shall have rega rd to the provisions of the Convention.

7. (1) In the exercise of its functions under this Act, theAuthority may make such guidelines as are necessary for the better 20carrying out of the provisions this Act.The Au thority shall publish all the guidelines issued under

this Act in a daily newspaper of general circulation in Zambia, andthe guidelines shall not take effect until they are so published.The guidelines issued by the Autho rity under this Act shall 25

bind all persons regulated under this Act.8. The Authority shall consult the Zambia CompetitionComm ission on any matter relating to competition in the sector.

PART IIIL I CE N C IN G O F E L E C TR O N I C C O M M U N IC AT IO N S O T H E R T H A N0R A D I O C O M M U N I C A T I O N S

9. (1) A person shall not operate an electronic communicationsnetwork or provide an e lectronic com munications service withouta licence issued under this Act.

(2) A person who contravenes subsection ( 1 ) commits an 35offence and is liable, upon conviction, to a fine not exceeding fivehundred thousand penalty units or to imprisonment for a period notexceeding five years, or to both.

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Information and CommunicationNo. of 2009 17Technologies10. (1) The Authority shall issue the following licences for Licences

purposes of this Act:a network licence, to allow the holder thereofto construc t,own or make available an electronic communications

5etwork, or to provide a network service; anda service licence, to allow the holder thereof to provideone or more electronic communications services.

(2) The Authority shall, in respect of each of the licences referredto in subsection (1), issue the following classes of licence:10a) individual licence; and

(b) class licence;11. (1) A person intending to operate a network or provide a Application

service under this Act shall apply for an individual licence or a for licenceclass licence in the prescribed manner upon payment of the

15 prescribed fee.The Authority shall, within sixty days of receipt of an

application, grant or reject the ap plication.Where the Authority fails to make a decision within the

period referred to under subsection (2), except as otherwise prov ided20 under this Act, the application shall be deemed to have been granted.

(A) The Authority shall, where it reject; an application for alicence, inform the applicant accordingly and give the reasonstherefor.

(5) The Authority may request for further particulars or25 information in respect of an ap plication.12. (1) The Authority shall issue a licence under this Act, if Issue of

the application is in accordance with the provisions of licencethis Act; andthe applicant is financially and technically capable of

30eeting the applicant's obligations and the terms andconditions of the licence.(2) The Authority shall communicate its decision in respect of

an application for a licence to the applicant, in writing, within fourteendays of such de cision.353. (1) A licence issued under section twelve shallonditions

of licence

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Variation oflicence

Surrender oflicence

Transfer oflicence

contain the terms and c onditions of the licence; an dbe valid for such period as may be p rescribed.

(2) The terms and conditions referred to under subsection (1)may re late to the rights and obligations in respect of interconnectionaccess and facility sharing.

14. (1) A licencee may, at any time during the validity of thelicence, apply to the Authority for variation of the terms andconditions of the licence or any ma tter relating to the licence.

(2) The Authority shall consider the application referred to in 10subsection (1) and may grant or reject the application, and shallgive reasons to the ap plicant where it rejects the application.(3) The Authority may vary the terms and conditions of a

licence wherethe variation is necessary in the pu blic interest; or5the variation is necessary to address the concerns of themembers of the p ublic or consumers.

(4) The Authority shall, before making any variation of the termsand conditions of a licence under this section, give notice to the 20licencee-

stating that it proposes to m ake variations in the manne rspecified in the notice; andspecifying the time, not being less than thirty days from

the date of service of the notice on the licencee, withinwhich written representation in respect of the proposed 25variation may be made to the Authority by the licencee.15. (1) Where a licencee decides not to continue with anyundertaking to w hich the licence relates, the licencee shall notifythe Authority in writing and shall agree with the Au thority on the

terms and c onditions of the surrender of the licence, with particular 30reference to anything done o r any benefit obtained under the licence.

(2) Where a licence is surrendered under sub section (1), thelicence shall lapse, and subject to section eighteen, be cancelledand the licencee shall cease to be entitled to any be nefits obtainableunder the licence.5

16. (1) A licencee shall not transfer, cede, pledge, assign orotherwise dispose of, or encumber, a licence without the priorapproval of the Authority.

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Information and CommunicationNo. of 2009 19Technologies(2) An application for approval to transfer a licence shall be

made to the A uthority and the Authority may, within thirty days ofreceipt of the ap plicationapprov e the application on such terms and cond itions as

5t may determine; orreject the application in accordance with the prov isions

of this Act.17. (1) The Authority may, upon application by a licencee,mendmentamend the licence wheref licence

10a) some other person has succeeded to the interest in thelicence belonging to the licencee, by substituting for thename of the licencee, the name of the successor; or(b) the name of the licencee has changed, by substituting thename so changed.

1 52) The Authority shall, before amending a licence undersubsection (1), notify the public in a daily newspaper of generalcirculation in Zambia.(3) N o compen sation is payable by the Authority to a licenceefor any ame ndment to a licence under this section.

208. (1) Subject to the other provisions of this Act, the Authoritymay susp end or cancel a licence if the holderobtained the licence by fraud or submission of falseinformation or statements;contravenes this Act, any other written law relating to25he licence or any term s and conditions of the licence;(c) fails to comply with a decision or guidelines made by theAuthority;(d) enters into receivership or liquidation or takes any actionfor voluntary winding up or dissolution;

30e) enters into any scheme of arrangement, other than forthe purpose of reconstruction or amalgamation, uponterms and within such period as may previously havebeen app roved in writing by the Authority;

is the subject of any order that is made by a court or35ribunal for its compulsory w inding up or dissolution;has ceased to fu lfil the eligibility requirements und er thisAct; or(h) the suspension or ca ncellation is in the public interest.

Suspension orcancellationof licence

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Renewal oflicence

(2) The Authority shall, before suspending or cancelling a licencein accordance with sub section (1), give written notice to theholder thereof of its intention to suspend or cancel the licence andshall

give the reasons for the intended suspension or 5cancellation; and

require the holder to show cau se, within a period of notmore than thirty days, why the licence should not besuspended or cancelled.

(3) The Authority shall not suspend or cancel a licence underthis section if the licencee takes remedial measures to thesatisfaction of the Authority within the period referred to insubsection (2).The A uthority shall, in m aking its final determination onthe suspension or canc ellation of a licence, consider the subm issions 15made b y the licencee under subsection (2).The Authority may suspend or cancel a licence if theholder after being notified under sub section (2) fails to show causeor does not take any rem edial measures, to the satisfaction of the

Authority, within the time specified in that sub section.0A licencee shall, where the licence is suspended, ceaseto be entitled to the rights and benefits conferred under this Actfor the period of the suspension of the licence.Where a licence is cancelled, the holder of the licence

shall cease to be entitled to the rights and benefits conferred underthis Act, with effect from the date of such cancellation and shallreturn the licence to the Authority.

(8) The Au thority shall, where it suspends or cance ls a licenceunder this section, publish the suspension or canc ellation, as thecase may be, in a daily newspaper of general circulation in Zambia. 30

19. (1) A licencee may, not less than three months before theexpiry of a licence, apply for the renewal of the licence in theprescribed manner and form, upon pa yment of the prescribed fee.

(2) The Au thority shall, where a licencee m akes an ap plicationunder subsection (1), renew the licence if the licencee5continues to fulfil the eligibility requirements under this

Act;continues to be financially and technically capable ofmeeting the licencee's obligations under this Act andany other law; and0

(c) has not, during the term of the licence, contrav ened the

10

25

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Information and CommunicationNo. of 2009 21Technologiesprovisions of this Act, the terms and c onditions of thelicence, the guidelines issued by the Authority or anyother relevant law.

(1) The Authority may, by declaration-5a) exempt a person or class of persons, for a limited orunlimited period of time, from the requirement to holdan individual licence or a c lass licence u nder this Part;or(b) specify activities for which an electronic communications1 0icence shall not be required.

(2) The Authority may, where it issues a declaration undersubsection (1), reverse its decision if the licencing of an exemptperson or class of p ersons, or exempt activities, becomes necessaryfor the purposes of this Act.

1 53) The Authority shall, where it reverses its decision undersubsection (2), notify in the prescribed manner and form, theaffected persons, and give the reasons for the reversal beforeeffecting the reversal.Nothing in this Act shall be construed as exempting any20 person undertaking an activity that is exempt from any licencing

requirements under this Act from complying with the otherprovisions and requirements of this Act.22. The M inister may, by statutory instrument, declare certain

services as reserved services where the Minister considers it25 necessary to do so, having regard to the strategic and policyconsiderations related to p roviding the service.

Exemption ofspecificpersons,activities, etc.

O bligationsof personsundertakingexemptactivitiesReservedservices

23. (1) A holder of an individual licence shall provide the Provision offollowing essential electronic com mun ications services twenty four essential serviceshours a day, seven day s a week, at the prescribed level of quality,

30 without discrimination:emergency service with priority routing, to enable amem ber of the public to make contact with the police,the fire brigade and the ambulance service;directory assistance service, to enable a subscriber to35btain a telephone numb er through the assistance of anoperator or through automated means;(c) operator assistance service, to enable a subscriber toobtain assistance, including acce ssing services, settingup calls, remedying fau lts and directory services; and

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Change ofcontrol oflicencee

(d) such other services as the Minister may determine, inconsultation with the Authority.

Essential electronic communications services shall beprovided in accordance with the terms and conditions of theapplicable licence.

The following essential electronic comm unications servicesshall be provided free of charge:

emergency service;operator assistance for remedying faults; and

(c) directory assistance services.024. (1) A licencee shall, in the prescribed manner and form,

notify the Authority of any direct or indirect changes to itsshareholding.

(2) A licencee shall obtain the Authority's prior written consentfor5

(a) any transfer of shares which would result in the director indirect ownership of more than twenty-five percentum of the issued voting share cap ital of the licencee;or

(b) any change in the ownership of the licencee's issued 20voting share capital that results in a change in thecomposition of one quarter of the licencee's board ofdirectors.

Necessity for5. Nothing in this Part shall be construed as permitting ascarceicencee to commence its activities contrary to any provision of5resourceshis Act relating to the requirement to obtain rights of use for scarceassignment resources in accordance with Part VI.Register6. (1) The Authority shall keep and ma intain a R egister underthis Act, in which the Authority shall enterthe nam es and other details relating to the licences;information relating to applications rejected by theAuthority and the reasons therefor;(c) any other information that the Authority considersnecessary for purposes of this Act.

(2) The Reg ister referred to in sub section (1), shall be kept atsuch places as the Authority may de termine, and shall be open toinspection by the public at such times and on such conditions,including the payment of fees for inspection, as may be determinedby the Authority.N.A.B. 15, 2009

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Information and CommunicationNo. of 2009 23TechnologiesPART IV

L I C E N C I N G O F R A D I O C O M M U N I C A T IO N S E R V I C E S27. (1) This Part applies to radiocommunications.

In this Part, licencee " means a holder of a licence under5 this Part.

The prov isions of this Part and of the Convention shall notapply to the Zambia Police F orce or the D efence Force except inso far as they relate to

the establishment of transm itting stations and the erection1 0f radio station apparatus at perm anent sites;the allocation of frequencies by the Au thority;

migration from existing frequency bands followingfrequency spectrum band re-planning by the Authority;

the approval ofthe Authority of the mode of transmission1 5o be used in conne ction with radio transmitting stationsand the power to be radiated therefrom;

the prevention of harm ful interference;distress calls, messages an d signals; and

(g) the manner of carrying on radiocommu nication services20overned by the p rovisions of the Conve ntion.

28. (1) E xcept as otherwise provided under this Part, a personshall not establish and operate a radio station or provide aradiocommu nication service without a licence.

(2) A person who contravenes subsection (1) commits an25 offence and is liable, upon con viction, to a fine not exceeding fivehundred thousand penalty units or to imprisonment for a period notexceeding five yea rs, or to both.

29. (1) A person intending to establish and operate a radio Applicationstation or to provide a radiocommunication service shall apply to for licence

30 the Authority for a licence in the prescribed manner and formupon paym ent of the prescribed fee.The Authority shall, within sixty days of receipt of an

application, grant or reject an application.The A uthority shall, where it rejects an application, give35 the applicant the reasons for the rejection.

Application ofPart

Prohibitionof operatingradio station,etc. withoutlicence

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Licence

Conditionsof licence

(4) The Authority may request for further particulars orinformation in relation to an application, and where it does so, theperiod referred to in subsection (2) shall commence from the dateof the subm ission of the additional information.

30. (1) The Authority shall issue a licence if the applicationmee ts the requirements of this Act.A licence under this section, other than a temporary licence

under subsection (3), authorises the licencee to establish and operateone or more radio stations at such places as may be specified inthe licence, and to provide a radiocomm unication service by meansof the station or stations in accordance with the provisions of thisAct and the conditions of the licence.

The Authority may, with or without charge, issue a temporarylicence authorising a person to be in possession of, and to operate,a radio station in accordance with this Act for a limited period andon such other con ditions as are attached to the licence.

(4) The Authority may issue a declaration, known as a classassignment, granting a class of persons, subject to certain conditions,the right to use frequenc y bands or numb ers.

31. (1) A licence shall be subject to such conditions as theAuthority may specify in the licence and to such other conditionsas the M inister may, on the adv ice of the Authority, prescribe bystatutory instrument.

(2) Without limiting the generality of subsection (1), theconditions of a licence mayspecify the site or sites at which any radio station orradio stations to be operated under the licence are tobe located and regu late the manner of their installation;

specify the kind and class of radio station authorised andregulate the type and standard of radio station apparatusto be used in the radio station;

specify the frequency at which transmissions from anyradio station are to be m ade and the m ode of effectingthe transmissions;

require the paym ent to the Authority of annual or otherperiodic licence fees;

(e) require the licencee or any other person concerned inproviding any service authorised by the licence to furnishto the Authority such documents, accounts, returns,N.A.B. 15, 2009


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Information and CommunicationNo. of 2009 25Technologiesestimates and other information as the Authorityconsiders necessary for the purposes of this A ct;

(f) require the licencee to refer specified matters to theAuthority for determination;5g) require the licencee to comply with directions given bythe Authority in relation to specified matters;

(h) provide for the settlement of disputes arising inconnection with the terms and conditions of, orotherwise concerning, the licence; and

require the payment of fines and p enalties by the licenceefor breaches of any specified terms and conditions ofthe licence.(3) It shall be deemed to be a condition of every licence thatthe licencee shall comply with the provisions of the Convention, to15 the extent that it app lies to the licencee's activities.

A licence remains in force for the period specified in thelicence, unless sooner revoked or suspended.(1) A licencee may, not less than three months before theexpiry of a licence, apply for the renewal of the licence in the20 prescribed manner upon payment of the prescribed fee.

(2) The Authority may, upon application by a licencee, renew alicence or a temporary licence on such terms and conditions as itmay determine.A licence shall not be bought, sold, leased, mortgaged or25 charged, or in any manner assigned, demised or encumbered.(1) A person may apply to the Authority for a certificateof comp etence to operate an am ateur radio station in the prescribedmanner upon payment of the prescribed fee.

(2) The Authority may issue a certificate of competence to a30 person who ho lds the qualifications and experience, prescribed byregulation, as necessary for operating an amateur radio station.36. (1) A person who, without a licence

operates a radio station of a kind specified in the S econdSchedule or has possession or control of such a radio35tation; or

not being a broadcaster, operates a radio station of akind other than a kind specified in the Second S chedule,or has possession or control of such a radio station; or(c) provides a radiocommunication service;

40omm its an offence.1 0i ) Duration oflicenceRenewal oflicenceL icences nottransferableCertificate ofcompetence tooperateamateur radiostationU nauthorisedactivitiesN.A.B. 15, 2009


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26 No. of 2009] Information and CommunicationTechnologiesA p erson who, without a certificate of comp etence, operates

an amateur radio station, or has possession or control of such aradio station, comm its an offence.A perso n convicted of an offe nce under this section is liable

to a fine not exceeding three hundred thousand p enalty units or toimprisonme nt for a term not exceeding three years, or to both.Suspension7. (1) The Authority may suspend or revoke a licence oror revocation certificate of compe tence if the holder thereof is in default.of licence orcertificate2) For the purposes of this section, a licencee or a personwho ho lds a certificate of com petence is in default if the licencee

or person(a) has contravened-

the conditions of the licence o r certificate;any provision of the guidelines issued by theAuthority; or5(iii) any provision of this Act; or

(b) has been the subject of such complaints by the public as,in the opinion of the Authority, warrants action underthis section.

(3) Where a licencee or a holder of a certificate of comp etence 20is in default, the Authority mayby notice in writing to the holder of the licence orcertificate, suspend the licence or certificate for a periodnot exceeding twelve months;by notice in w riting, revok e the licence or c ertificate; or 25

(c) refuse to renew the licence or certificate on its expiry.(4) Without limiting the generality of subsection (3), theAuthority may rev oke or refuse to renew a licence on the groundthat

(a) the radio station in respect of which the licence was 30issued, or the radio station apparatus used in connectiontherewithinterferes with the operation of a radio station orthe carrying on of any establishedradiocommunication or telephone or telegraph 35

services; oris likely to interfere with established radio stationapparatus or other equipment, circuits, wiresor the like; or

5

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Information and CommunicationNo. of 2009 27Technologies(b) radiocomm unication services established by the Authority

or a licencee after the date of issue of the licence areavailable to the licencee and prov ide an adequate m eansof comm unication for the licencee's purposes.

54) Where a licence is revoked, the person in possession orcontrol of a radio station to which the licence relates, shall disposeof the radio station within such period as the Authority may direct.(6) A licence or certificate shall not be can celled, nor shall itsrenewal be refused, without giving the holder thereof a reasonable10 oppo rtunity to be heard.38. (1) A person who desires to construct a railway or worksfor the supply of light, heat or pow er by m eans of electricity shallgive one m onth's notice in writing to the Authority of the

intention to comme nce the construction of the railway1 5r works and cause a copy of that notice to be publishedin the Gazette and in one daily newspaper of generalcirculation in Zam bia; and

furnish the Authority with a plan of the proposed railwayor works, together with particulars showing the manner20nd position in which the railway or works are to beconstructed and operated and any further informationthat the Authority may require.

(2) Where it appears to the Authority thatthe operation of, or the equipm ent to be used in connection25ith, a railway or wo rks referred to in subsection (1) islikely to interfere with the operation or maintenance ofa radio station or radio station apparatus or the carryingon of a licenced radiocommunication service; orthe operation or m aintenance of a radio station or radio30tation apparatus of a licencee, or aradiocommunication service carried on by a licencee,is being interfered with by the construction or opera tionof the equipme nt used in connection with

a railway or works referred to in subsection (1);35rany railway, works or other operationswhatsoever;the Authority shall, in writing, notify the person constructing oroperating the railway or works, of the action which the personshall take to remedy or p revent the interference.

Notice to besivcn of certainworks

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28 No. of 2009] Information and CommunicationTechnologies(3) A person who proceeds with the construction of the

equipment of a railway or works, or continues to operate a railwayor works after the issuance of the notice by the Authority undersubsection (2) without complying with the term s of the notice, shallbe liable

to a penalty, recoverable by the Au thority by action in acourt, of twenty thousand penalty units for each daythat the person fails to comply with the terms of thenotice; and

for any loss or damage caused to the operation or 10maintenance of a radio station or radio station apparatusby that person's failure to comply with the terms of thenotice.

(4) N othing in this section limits or affects the rights or remediesof any licencee or other person against a person on whom this 15section imposes a ny duty.

PART VE C O N O M I C R E G U L A T I O N

D efinition

Relevantmarkets anddominantmarketplayers

In this Part, "licencee " means a holder of a netw ork licenceor service licence, or both.0(1) The Authority shall, not later than 31st December of

each year, determine and publish in the Gazette a list for thefollowing calendar ye ar ofall retail and wholesale electronic communicationsmarkets that the Authority determines warrant the 25regulatory control provided for in this Part; and

licencees considered to hold, for each electroniccommunications market identified under paragraph (a),a dominant p osition.Any determination under subsection (1) shall be the final 30decision of the Authority.The Authority shall consider a licencee as holding a dom inantposition in the electronic com munications market in accordancewith such guidelines as the Authority may issue pursuant tosubsection (4).5

(4) The Authority shall publish in a daily newspaper of generalcirculation in Zambia the guidelines on the definition of an electroniccommunications market and of the determination of a licenceethat holds a dominant position in the market.

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TechnologiesThe Authority shall, in the preparation of a list undersubsection (1), take into account the g uidelines referred to under

subsection (4).The Authority may, by notice published in the Gazette, upon5 giving no tice for a period of thirty days, m odify for the remainder

of the relevant calendar yea r, the list published under sub section(1).

41. (1) A licencee may, and where solicited in writing by Interconnectionanother licencee shall, negotiate, in good faith, for the purposes of10 enabling the provision of electronic communications services tothe public, an agreem ent for interconnection, in respect of electroniccommunications networks.

A licencee may, where the licencees referred to undersubsection (1) fail to reach agreement within the prescribed period15 from the date of receipt of a written request, refer the matter tothe Authority for determination.Where a licencee refers a matter to the Authority undersubsection (2), the Authority shall order the licencees who failedto reach an agreement to interconnect their electronic

20 communications networks on such terms and conditions as theAuthority may determine.(4) The Authority may, where the dispute referred to insubsection (2) is not referred to the Authority within the prescribedperiod, determine the dispute.

255) A licencee that, for the calendar year in question holds adominant position in an interconnection m arket in accordance w iththis Act, shall for the purpose of providing e lectroniccommunications services to the public, in relation to theinterconnection market 30a) offer interconnection to other licencees on the termsspecified in a reference interconnection offer

submitted for the app roval of the Authority, withinsuch period as may be prescribed, from thedate of publication in the Gazette of the35icencee's status as a licencee holding adominant p osition;

subject to such amendments as the Authorityconsiders appropriate; and(iii) published, in a form at readily accessible to other40icencees, within such period as may be

prescribed from the date of receiving theapproval;

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Technologies(b) ensure that the reference interconnection

offer, and its terms and conditions, andtheubsequentrovisionfinterconnection isairnd nondiscriminatory and

the interconnection fees are cost oriented andtransparent;

the interconnection points are made accessibleon a transparent basis at any technicallyfeasible point in the network; and0

(iii) the terms and conditions determined by theAuthority at the time of theffer areincorporatedithinheeferenceinterconnection offer;provide interconnection and ancillary information to other 15licencees under the same conditions, and of the samequality, as the licencee p rovides for the licencee's ownservices or those of its subsidiaries, affiliates oragreements; and

maintain the licencee's accounts in a manner that enables 20the Authority to verify the licencee's compliance withparagraph (b).A licencee shall maintain a separate account for

interconnection and any other business activities sufficiently detailedto allow the Authority to identify all elements of rev enue and costs, 25together with the basis of their calculation.An interconnection agreement resulting from the signatureof a reference interconnection offer, shall be in writing, in Englishand shall not pose an un necessary risk

(a) in the event of catastrophic networkbreakdown or in 30exceptional cases of force rnajeure such as extremeweather, earthquakes, flood, lightning or fire, to themaintenance of-

an electronic communications network used forthe provision of electronic communications 35services to the public; or

an electronic communications service providedto the public;

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Technologiesto the integrity of an electronic communications networkused for the provision of electronic communicationsservices to the pub lic;

to the inter-operability of electronic communications5ervices; or(d) to the protection of personal data, the confidentiality of

information processed, transmitted or stored, or theprotection of privacy.

(8) An interconnection agreement shall not be implemented10 without the prior written approval of the Authority:

Provided that the A uthority shall only withhold the approvalwhere it considers that the interconnection agreement doesnot meet the essential requirementsspecified in this section.

1 59) The A uthority shall make a decision on an interconnectionagreement within sixty days of the submission of the ag reement bythe pa rties.(10) The A uthority shall, where it does not give its approv al tothe interconnection agreem ent, give the reasons for the decision.2011) The parties to an interconnection agreement may, wherethe Authority rejects the agreem ent, re submit a modified versionof the agreement within such period as may be prescribed.Where the Authority fails to issue a written decision withinsixty days of receiving an interconnection agreement, the failure to25 respond shall be treated as an approval of the interconnection

agreement.Any information obtained by any p arty to an interconnectionagreement as a result of the negotiation referred to in subsection

(1) and which was, at the time it was obtained-30a) previously not known to the party obtaining it; and

(b) not publicly available;shall, for so long as such information remains p ublicly unavailable,be used only for the purp oses for which it was supplied.42. The A uthority shall maintain a register of all interconnection35 agreem ents, which shall

Register ofinterconnectionagreement

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Technologies

Accessagreements

contain the terms and conditions of eachinterconnection agreement; and

be open to p ublic inspection on such terms and conditionsas the Authority may determine.43. (1) A licencee ma y, for the purpose of providing electronic 5communications services to the public, negotiate in good faith, an

agreement for access to any element of the electroniccommunications network elements of the licencee that appear inthe list referred to in section forty-one, and, where requested inwriting by another licencee, shall, for the purpose of enabling the 1 0provision of electronic communications services to the public,negotiate an agreement for access to the electronic comm unicationsnetwork.

Where the parties referred to in subsection (1) fail to reachagreement within the prescribed period, any party may refer the 15matter to the Authority for determination.

The A uthority shall, where a licencee refers a matter to itunder subsection (2), order the licencee to whom a request ismade pursuant to subsection (1), to allow access to that licencee=selectronic communications network, on such terms and c onditions 20as the Authority may determine.

(4) A licencee that, for the calendar year in question, holds adominant position in an electronic communications market inaccordance with this Act, shall for the purpose of providingelectronic communications services to the public, in relation to the 25electronic communications market, offer access to requestinglicencees-

on reasonable and non discriminatory terms andconditions, in particular in respect of the price;of the same technical quality as the technical quality 30provided on the licencee's own electroniccommunications network or, for the licencee's ownelectronic comm unications services.

An access agreement shall be in writing and shall be filedwith the Authority.5The Minister may, by statutory instrument, prescribematters and other p articulars for inclusion in access agreements.

(7) The Authority shall maintain a register of all accessagreements, that-

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Technologies(a) shall, without revealing the terms and conditions of the

agreement, contain-the names of the parties to the agreement;a general description of the m atters governed by

5he agreement; and(iii) the date of the agreement; and

(b) shall be open to public inspection, on such terms andconditions as the Authority may determine.44. (1) A licencee who has the right under this Act to install Co location

10 facilities on, over or under p ublic or private land, or to use privateproperty, shall, where requested in writing by another licencee forthe purpose of providing electronic communications services tothe public, negotiate an agreement for co location with that otherlicencee.

1 52)here the p arties referred to under subsection (1), fail toreach agreement within the prescribed period, either party mayrefer the matter to the Autho rity for determination.The A uthority shall, where a m atter is referred to it undersubsection (2), order the parties to undertake co location on such20 terms as it may de termine.Notwithstanding subsection (1), a licencee may reject arequest to negotiate an agreement for co location where

the space available is insufficient toaccommodate the physical co location25equested and virtual co location is notreasonably feasible;the co location requested is likely to lead toharmful interference; or(c) viable alternatives to co location are open to30he requesting party and have not beenreasonably explored.

(5) A licencee shall make a refusal to negotiate an agreementfor co location in writing and sh all set forth clearly and in sufficientdetail the reasons relied upon:

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TechnologiesA co-location agreem ent shall be in writing in the E nglish

language.A co- location agreement shall not be implemented unless

it is filed with the Authority and the consultation process on theagreement is completed in accordance with the requirements ofthis Act.(8) The Authority shall maintain a register of all co-locationagreements that

(a) shall, without revealing the term s and conditions of theagreement, contain0

the names of the parties to the agreement;a general description of the matter governed bythe agreement; and

(iii) the date of the agreement; and(b) shall be open to public inspection, on such terms and 15conditions as the Authority may determine.

(9) Any information obtained by either party to a co locationagreement as a result of the negotiation referred to in subsection(1), and which was, at the time it was obtainedpreviously not known to the party obtaining it; and0not publicly available;

shall, where the information remains publicly unavailable, be usedonly for the purposes for wh ich it was supplied.(10) A third party resident in, and any pu blic authority havingcontrol over, any area in w hich co location is proposed shall 5be informed of the filing with the A uthority of any relevantco location agreement by publication in a dailynewspaper of general circulating in the area at theexpense of the parties to the co location agreement;and0be afforded an opp ortunity to make submissions to the

Authority in respect of the propo sed co location.(11) The A uthority shall give consideration to any subm issions

it may receive under subsection (10) and may, where it is satisfiedthat there is a risk of serious harm to the interests of the public 35regarding public safety and quality of life, order the parties not toundertake the proposed co location or to modify or cease the colocation.

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TechnologiesInterimarrangements forinterconnection,access or colocation

45. (1) The parties to an agreement shall, whereinterconnection, access or co-location is established before theexecution of an interconnection, access or co-location agreeme nt,within sixty days of the establishment, agree on interim

5 interconnection, access or co-location charges for a specified perioduntil the interconnection, access or co-location agreement becomeseffective.

Where the parties fail to agree within the sixty day periodreferred to under subsection (1), such charges as the Authority

10 may determine shall apply.Where a n interconnection, access or co-location agreementcomes into effect, it shall be deemed to ha ve app lied from the datethe interconnection, access or c o-location was established.

(4) The parties shall, where subsection (3) applies, adjust15 retroactively any charges previously agreed or imposed by theAuthority and thereafter effect payments in accordance with theprovisions of the interconnection, access or co-location agreement.

46. Any requests or refusals for interconnection, access or colocation shall be made in writing, sent by registered post and copied20 to the Authority.47. (1) Subject to the other provisions of this Act, a licencee

may set and rev ise tariffs in relation to electronic commu nicationsservices.

(2) A licencee shall. in setting any tariffs under subsection (1),25 observe the following principles:tariffs shall be transparent and non discriminatory, andbe based on the cost of providing the service;

cross subsidies shall be eliminated; a nd(c) tariffs shall not contain discounts that unreasonably30rejudice the competitive opp ortunities of other licencees

providing electronic communications services to thepublic.

(3) A licencee shall submit to the Authority for approval, thetariffs the licencee intends to charge including the justification, prior35 to their introduction.

(4) The Authority shall approve or reject the proposed tariffswithin thirty days of receipt:

Authorityto be copied

Tariffs forservices topublic

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Technologies

Tariffs forservicesoffered bylicenceeholdingdominantposition

Provided that the Authority shall, where it rejects any tariffsproposed by a licencee, give the I icencee the reasons for therejection.

(5) A licencee shall, upon approval of the tariffs by theAuthoritypublish the tariffs at the licencee's ownexpense in at least two daily news-papers of generalcirculation in Zambia at least seven day s prior to theirintroduction; and

provide all its electronic communications services in 10accordance w ith the tariffs approved by the A uthority.(6) A licencee shall not alter or vary any tariffs without the

prior written approval of the Authority.The A uthority shall maintain a register of approv ed tariffs

which shall be open for public inspection on such terms and 15conditions as the Authority may determine.The A uthority may carry ou t reviews of the tariffs so as toensure that the tariffs conform to the prov isions of this section.

(9) A licencee shall, in relation to the electronic comm unicationsservices provided to the public, provide detailed billing information 20to enable the consumers to verify whether or not they have beenbilled correctly.

48. (1) A licencee that holds a dominant position in a retailelectronic comm unications market shall, in relation to the electroniccommunications market5

submit to the Authority for its prior approval, the tariffsit intends to charge to the public for each electroniccommunications service, together with a detailedjustification for the tariffs; and

shall not apply the tariffs until the tariffs are approved 30by the A uthority in accordance with subsection (2).

S ubject to subsection (4), the Authority shall issue a writtendecision approving or disapproving the tariffs submitted undersubsection (1), together with the reasons for the decision, withinthirty days of the receipt of the submission for app roval.5

The A uthority shall base its decision unde r subsection (2)on the extent to which the tariffs proposed by a licencee-

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comply with the principles stipulated under section fifty;are cost oriented; and

(c) meet such other criteria as the Authority may considerrelevant for purposes of this Act.

54) The Au thority may request for additional information froma licencee and, where it does so, the period referred to underparagraph (a) of subsection (2) shall commence from the date ofthe submission of the additional information.49. (1) The Authority may forbear from applying to a licencee Forbearance10 or a class of licencees, in any or all of the licencees or theirgeographic markets, any provision of this Part, where the Authorityconsiders that

application of the provision is not necessary for theprotection of consumers or the promotion of comp etition1 5mongst licencees; andforbearance from applying the prov ision is consistent withthe objects of this Act.

(2) The Authority shall, where it decides to forbear fromapplying any p rovision, immediately, publish a notice of forbearance20 in the Gazette, setting out the details of, and the reasons for, thedecision, and inviting interested parties to make submissions inrelation to that decision within a period sp ecified in that notice, butin any event, not shorter than thirty days from the date of p ublicationof the notice.253) The Authority shall, before issuing its final decision takeinto account any representation that it receives in accordance

with subsection (2).50. (1) A holder of an individual licence shall not impose anytariff or charge for the provision of any service unless the Authority

30 approves the tariff rates and charges in accordance with theprovisions of this Part.A holder of an individual licence shall only provide serv icesat the tariff rates and charges app roved by the A uthority.A holder of an individual licence shall publish the tariff rates35 charged to customers for any service and any variations thereto,as may be approved by the Authority.

(4) The tariff rates established by a holder of an individuallicence under subsection (1) shall be based on such cond itions asthe Authority may determine in accordance with the following

40 principles:

Approval oftariffs andcharges ofholders ofindividuallicences

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Tariff ratesandregulations

Penalty forusingunapprovedtariffs,charges, etc.

tariff rates shall be structured and levels set to attractinvestments into the communications industry;

tariff rates shall take into account the regulations andrecommendations of the international conventions towhich Zam bia is a party; and

(c) all services shall be priced, rated, billed and denom inatedin the local currency of the Republic.51. (1) The Minister may, by statutory instrument, makeregulations on the determination and publication of tariff rates for

respective services provided by the licencees under this Act.0(2) The regulations under subsection (1) may include

rules about the tariff rates and charges and variation ofrates for specified services or c lasses of services;

rules about the publication or disclosure of tariff ratesfor specified or classes of services; or5(c) tariff rate models that may be applicable to specified

licencees or classes of licencees or specified servicesor classes of services.52. A licencee who exceeds the tariff rates or charges

approved by the Authority for the provision of any service or who 20imposes any unauthorised tariff or charge, commits an offenceand is liable, upon co nviction to a fine not exceeding tw o millionpenalty units.

PART VITECHNICAL R EGULATION5Prohibition3. A person who uses one or more frequency bandsof usingnd electronic addresses or numbers without an individualfrequencyssignment commits an offence and is liable, upon conviction, to abands, etc.ine not exceeding five hundred thousand penalty units or towithoutmp risonment for a period not exceeding five years, or to both.0assignmentSpectrum4. (1) The Authority may, by declaration, designate the bandsandf frequency spectrum and numbers to be used for a classnumberssignment and that may be used without an assignmentassignment (2)person intending to undertake an activity covered by aclass assignment shall, prior to undertaking such activity, app ly to 35the Authority in the prescribed manner and form upon p ayment ofthe prescribed fee.N.A.B. 15, 2009



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(3) The Authority shall, in any case not expressly covered bythe declaration referred to under subsection (1), assign frequ encyspectrum and numbers individually

in accordance with the national frequency and national5umbering plan; and

in a transparent and non discriminatory manner.(4) A person intending to undertake an activity covered by anindividual assignment shall, prior to undertaking the activity, applyfor the assignmen t in the prescribed manner upon p ayment of the

prescribed fee.(5) Subject to subsection (7), the Authority shall issue an

individual assignment to an applicant who is financially andtechnically capable of meeting the legal obligations and complyingwith the terms and conditions of the individual assignment.1 56) Where the Authority considers, after having regard tothe availability of any given frequenc y band or num ber,or block thereof; and

the actual or likely demand for that frequency band ornumber, or block thereof; that the frequency band or

20umber, or block thereof, should be subject to a restrictedgranting procedure, the A uthority shall not assign thatfrequency band or num ber, or block thereof, except inaccordance with a restricted granting proceduredetermined by the Authority in a declaration.

257) The choice of successful applicants by the Authority underthis section shall be based on objective criteria made known inadvanc e to all the applicants.The Authority shall determine the standard assignmentconditions for individual assignments of frequency or numbers and30 the class assignments of frequency or numbers.The Au thority may, in respect of an individual assignmentof frequency or numbers, determine the terms and conditions,including the period of the assignment and the area for which theassignment is valid.

3510) Wh ere applicable, an assignment issued under this sectionshall be issued at the same time as an associated electroniccomm unications licence. N.A.B. 15, 2009



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Numberingplan

55. (1) The M inister may, in consultation with the Authority,by statutory instrument, make regulations prescribing a numberingplan for the efficient use and allocation of numbers and toaccomm odate the varied protocols used and services provided bylicencees under this Act.

A num bering plan shall consist of a schem e of identificationso as to ensure that electronic comm unications are correctly andefficiently directed to the point of reception for which they areintended.

S ubject to subsection (8), the Authority shall, in preparing0a numbering plan, take account of existing numbering plans orschemes.

The num bering plan referred to under subsection (1) shallbe non discriminatory.

The A uthority shall maintain and m anage a record of the 15status of all number ranges, codes and blocks of numbers comprisingthe plan in a central numbering database system.

A holder of an individual licence in respect of a servicelicence and a holder of an individual licence in respect of a networklicence, shall submit to the Au thority information on all numbers, 20including numbers of pre paid subscribers allocated in terms of thelicence.

The Authority may amend or update a numbering plan asthe Authority considers necessary and the licencee shall bear thecosts of such amendment or update.5

(8) Regulations made under subsection (1) shall includematters relating tothe fees payable by I icencees for the allocation of

numbers;the conditions under which a licencee may be required 30to surrender unused numbers to the Authority for re-

allocation;(c) the allocation of responsibility between holders of serv icelicences and network licences for the implemen tation

of the numbering p lan and numbe r portability to5ensure effective functionality;ensure access and routing within electroniccommunications networks; and

N.A.B. 15, 2009



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(iii) allow licencees to assign n umbe rs to subscribersin an efficient manner without unreasonabledelay or disruption of service;

(d) the protection of consumers including5isclosure of consumer rights relating to-numbers;the process and procedures to be followed for

resolvingsubscriber complaints and affording subscribers

10emedies in the form of discounts and creditswhen a holder of a network licence or servicelicence fails to meet the holder's obligationsunder this section; and

(e) a framework, including a schedule for transforming the1 5umbering plan to a non geog raphic numbering systemtaking into account similar non geograp hic numbering

plans adopted in other jurisdictions andimpleme ntation of electronic num bering, allowing theinter operation between telephone numbers and the

20nternet domain name system.(1) Notwithstanding the other provisions of this Part, anassignment shall not be required under this P art for any activities

listed as exem pt in a declaration issued by the A uthority.(2) The Authority ma y, by declaration published in the Gazette,25 exem pt a person or class of persons from the requ irement to hold

an individual assignment or a class assignme nt under this Part.(1) The Minister may, by statutory instrument, and inconsultation w ith the Authority, determine

the one off fees payable for the filing of class assignment30egistration forms and individual assignment applicationforms;the one off fees payable for the actual assigning offrequency spectrum , electronic addresses or numbers;the annual fees paya ble for the monitoring of the licencee's

35omp liance with the conditions attached to the class orindividual assignment; andthe exemption, from the payment of assignment fees, bypersons engaged in activities declared under sectionfifty-six.

Assignmentexemption

Assignmentfees

N.A.B. 15, 2009



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Renewal ofassignment

M odification,suspension .andwithdrawalof individualassignments

(2) Where the Authority applies a restricted granting procedure,it shall determine the fee payable for the actual assigning offrequency sp ectrum, electronic addresses or numbers in accordancewith the declaration issued under section f i f ty-four

58. (1) A holder of an individual assignment shall, not less than 5thirty days before the expiry of the individual licence, apply forrenewal of the licence in the prescribed manner and form.

(2) The Authority shall, where an application for renewal ofan individual assignment is made under subsection (1), exceptwhere it considers that the frequency band, electronic addresses 10or number should be subject to a restricted granting procedure,renew the individual assignment for such term as the Authoritymay determ ine, where the assignee

continues to fulfil the eligibilityrequirements under this Act;5

continues to be financially and technically capable ofmeeting the assignee's statutory and regulatoryobligations and the obligations in the individualassignment; an d

(c) has not, during the term of the assignm ent, comm itted a 20breach of the provisions of the individual assignment.(3) A holder of a class assignment shall, in order to remaineligible to undertake activities covered by the class assignment,fourteen days prior to each anniversary of the date on which theholder filed the ap plication with the A uthority, submit an updated 25

version of the approp riate class assignmen t registration form.(4) A pe rson who does not com ply with subsection (3) shall bede registered by the Authority in respect of the class assignm ent

and shall immediately cease to undertake any activities authorisedunder the class assignm ent.0

59. (1) The Authority may modify the special terms andconditions of an individual assignment, including the specificfrequency bands, electronic addresses or numbers assigned, andmay suspend or withdraw an individual assignme nt.

(2) The Authority shall not exercise any power referred to 35under subsection (1), unless the Authority notifies the holder ofthe individual assignment in the prescribed manner and form, givingthe holder the reasons therefor and an opportunity to makerepresentations on the matter to the A uthority.

N.A.B. 15, 2009

Information and CommunicationNo. of 2009 43Technologies(3) The Authority may exercise the powers conferred under


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subsection (1) wherethe holder of an individual assignment fails to make p roperand efficient use of the frequency bands, electronic

5ddresses or numbers assigned to the holder;the holder of an individual assignment fails to comply

with the provisions ofthis Act or the terms and conditionsof the individual assignment;the holder of an individual assignment contravenes the

10rovisions of any written law relevant to the individualassignment;

the holder of an individual assignment fails to complywith any directive, declaration or other guidelines madeby the Authority;

1 5e) the holder of an individual assignment has ceased, how everbriefly, to fulfil the eligibility requirements under this Act;or

(1) the Authority has reasonable g rounds to believe that it isin the public interest that it exercises the powers.

204) The Authority shall, before effecting a modification,suspension or withdrawal under this section give notice to theassignee(a) stating that it proposes to act in the manne r specified inthe notice; and25b) specifying the time, no t being less than thirty days fromthe date of service of the notice on the assignee withinwhich written representation in respect of the proposedactions may be made.(5) The Authority shall, upon receipt of any representation

30 referred to in subsection (4), consider the representation and mayreject the representation;amend the proposed actions in accordance with the

representation or otherwise; or35c) direct the assignee to effect, within such time as theAuthority may specify, the proposed actions specifiedin the notice or such actions as subsequently amen ded

by the Authority.N.A.B. 15, 2009



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60. (1) The Autho rity may, upon giving thirty days noticepromulgate a new class assignment; andafter having solicited and duly considered representationsfrom the assignees concerned, modify or repeal anexisting class assignment.

No compensation is payable for any promulgation,modification or repeal made pursuant to subsection (1).

The Authority may, upon giving notice in the prescribedmanner and form , and after giving an assignee an opportunity tobe heard, de register any person subject to a class assignment 10where

the person commits a material breach of the terms andconditions of the class assignment or fails to complywith the provisions of this Act or the terms and conditionsof the class assignment;5

the person contravenes the provisions of any written lawrelevant to the class assignment;the person fails to comp ly with any declaration, directionor other guideline, made by the Au thority; or

(d) the person ceases, how ever br iefly, to fulfil the eligibility 20requirements of this Act.A person who is de registered under subsection (3) shallimmediately lose all the rights covered by the c lass assignme nt.No compensation is payable for any de registration madeunder subsection (3).5

61. A person to whom frequency bands, electronic addressesor numb ers have bee n assigned, shall not transfer the rights to usesuch frequency band, electronic addresses or numbers to any thirdparty, whether for remuneration or otherwise, except with the priorwritten consent of the Authority and on such terms and conditions 30as the Authority may determine.

62. (1) A holder of a network licence may, for the purposesof enabling the provision of any electronic communications serviceto the publicenter upon any public land and survey the land or any 35

portion of it; orenter upon any public land in order to construct, erect,

place, maintain, examine, alter or remove any line, poleor radio link installation which is, either the property ofthe holder of the network licence or is under the control 40of the holder:

M odificat ion,suspensionandwithdrawal ofclassassignment

Rights oftransfer offrequencyband, etc.

Access topublic landfor provisiO nof electroniccommunicationsservice

(c)

N.A.B. 15, 2009

Information and CommunicationNo. of 2009 45TechnologiesProvided that the licencee sha ll not interfere unduly


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with the use and enjoyment of the public property.(2) Where a holder of a network licence causes any significant

damage to land or property by reason of the exercise of the powers5 conferred under this section, the owner or occupier of the landmay receive compensation for it from the holder of the networklicence in accordance with the relevant law.

63. (1) Where, for the purpose of the provision of anyelectronic communications service to the public, a holder of a

10 network licence requires to enter upon private land, or to effectthe acquisition of pri

Information and Communication Technologies Bill 2009.

Documents

Transcript of Information and Communication Technologies Bill 2009.