Thnzanio Communications Regulauny Authority

THE TANZANIA COMMUNICAtiONS REGULAtORY AUTHORITY ACT, 2003

AJuANGEMENI OF S:crions

PART I PRELIMINARY PROVISIONS

Section ThIc

I. Short title. Commencement. Interpretation.

PAR!' II liii: Au I UORII V

Estab) ishment of the Authority. Duty of the Authority. Functions of the Authority. Establishment of the Board Nomination Committee and nominations. Functions of Nomination Committee. Code of conduct. Conflicts of interest

2. Removal of members The Director-General. Directors, consultants and other staff.

PART 111 PowERs AND PRocrrolNc,s or TIlE AUTJIOIUTY

Genera) powers Power to set rates and charges. Power to obtain information, documents and evidence.

IS. Power to hold inquiries. Competition policy and contraventions of competition legislation. Authority may sit in Division. Delegation. Consultation with consumers. industry and government. Public Register. Confidentiality.

2 No. 12 'Thnzania Communications Regulatwy Authority 2003

PAR!' IV Co,'rENr CQM\lrnEF. AND US FuNd I IONS

Definitions. Establishment of Content Committee.

Powers and functions of the Content Committee.

Power of the Minister. Meeting and Procedures of the Committee.

Powers of the Authority in relation to the Committee.

PART V

THE 1ANZANIA BR0ADcASI ING SERVICES (TUT)

Establishment of Tanzania Broadcasting Seivices. Functions of the Authority in relation to the Tanzania Broadcasting

Services.

PART VI

REVIEW AND APPEALS PRocrntIRrs

Review Panel.

Decision made under delegated power. Decision be placed on the public Register.

Appeal to the Competition tribunal against decisions oldie

Authority.

PART VII Ttw CoImcIL

Fsrabtishment of the Council.

Powers and functions of the Council.

Funds of the Council and annual report.

xr viii COXIPIAINt.s AND DISPLIL RES0LUrION

Complaints. Procedure and power of the authority.

Appeals to the Fair Competition Tribunal. Inconsistency with sector legislation.

Inconsistency with other law.

No. 12 Tan:aniu (7ommunicaiions Regulaw;y etwhority 2003 3

PART IX ENIcu(cc.\ICN I AND CoNlPtJ2mcc

Compliance. Declaration. Regulations and Rules. Offences

PART X FINANCIAl PRovisioNs

Funds of the Authority. Surplus funds. Accounts and Unancial audit. Perthnnance audit. Annual report. Budget.

PART Xl TRANslrlow\l AND MIscrl.i.,NrnI:s Pnovisio\s

S.S. Transitional Provisisons and Savings. transfer of assets and Liabilities. Continuation and completion of disciplinary proceedings.

SS. Righis of employees.

PAR! XII i or tiw: T\N1,Nl\ CONt\IUNICAI IONS Act. 1993

Construction. Amendment of the long title.

61 Amendment of section 2. Repeal olsection 3. Repeal of section 4. Repeal of section S. Repeal of section 10. Repeal olseetion IOA. Repeat of section 22. Repeal of Pail VII. Repeal olFirst and Third Schedules.

4 No. 12 Tanzania Gnmnunicw ions Regulaiwy Authority 2003

.&\tB4DMrNT OF ritE BR01\ccAsrIwG S}RvItrs An, 1993

70. Construction. 71 . Amendment of the tong title.

Amendment olseclion 2. Amendment of section 3. Repeat of section 5. Repeal of section S. Repeal of Part V. Repeal of the Schedule.

A%li:Nu\iIrNl or mr TMIAN IN PUS IS CURI'oKAI ION An . 1993

Construction. Amendment of sect ion 2. Amendment of section 7.

SCHEDULES

El RSF S('iIEDL :L.F:

liii BOARD OF DIRECTORS OF THE AtUHORIW

SECOND SCHEDULE

FIlE NOMINAtION COSIKIInEE

No. 12 fitn:ania Conununicasions Rcgu/aton .lutluir,tv 2003 5

THE UNITED REPUBLIC OF TANZANIA

Lj

IASMi

SI:Ni, O-+n 1J.

P,csn/cnt

An Act to establish the Tanzania Communications Regulatory

Authority for the purpose of regulation of telecommunications.

broadcasting, postal services; to provide for allocation and

management of radio spectrum, covering electronic technolo-

gies and other Information and Communication Technologies

(id') applications and to provide for its operation in place of

former authorities and for related matters.

RNACI by Parliament of the United Republic of Tanzania.

PAtti I Patii.iii NAR'i PR )V)SI( )NS

Short tilte 1. lliis Act may be cited as the Taiiyinia Communications Regulatoiy Authority Act. 2003.

CoinS 2. - ()) This Act shall come into operation on such date as the Minister ;na> by notice pubhshcd in the (?u:mc'. appoint.

Illeni unt Applic;i-

tion [he Minister may appoint different daics tir the cortimenceinent oiditiereiii parts or provisions oithis Act

6 No. 12 Th,,za,ua C'om,iui,ikatio,,s /?egie/atorv Author/tv 2003

this Act shalt apply to Mainland L'anzania as well as Janzama

Zanzibar.

With respect to broadcasting and content matters, this Act shalt

not apply to Tan?ania Zanzibar.

3. In this Act unless the context requires otherwise - tntcrprc- IiiIiu

"annual report" means the annual report of the Authority relerred to in

seelion 53:

"Authority" means the Thnzania Communications Regulatoty Authority

established by section 4;

"Board'' mean: the Board of Directors ol he Atitliority referral to in

section 7.

"Chairman" means the Chairman of the Board referred to in section

7(00). and includes the Vice Chairman and any other person

performing the functions oft the Ctiainnan:

"code of conduct" means a code ofeonduct adopted by the Authority in

accordance with section 10(1):

"Committee" means it committee ol the Aulhority established under seci ion 20:

"Commission" means the Fair ('oinpetition Commission established

under section 62 of the Fair Competition Act. 2003:

"Council" means the 'IC RA Consumer Consultative C'ouncit established

by sectiOn 37:

"Consultation" means "notily or seek views ol the other parlvorperson:

"Director-General" means the Director-General of the Auttiority

appointed under section 13:

"Divisional Director" means a Divisional Director appointed under

section 14; "exetusivity of licence" means any tieence condition granted to a

licensee or operator to provide certain senices thereby provided in

the licence in exclusion ofotheropemators for a number of years specified

in the 1 isence:

Internal Review Committee" means the Committee appointed by the

Authority pursuant to section 34;

'inquit) means an inquiry imistiiuted by the Authority pursuant to section 18:

"I .ieencc" means a liecnce issued tinder the provisions of this Act and

sector tegislation:

"member" means any member ol' the Board and includes the Chairman

and the Director-General;

No. 12 Tan:ania Crnwnswic'cuirnsx Rcgulatoz't' .4 uthorny 2003 7

"Minister" means the Minister responsible icr Communications except

in relation to content regulation and broadcasting services:

"officer' means any member or employee of the Authority:

"l'ennanent Secrctarsc means the Permanent Secretary of the Ministry

for the time being responsible for the Authority:

"Public Register" means the Public Register of the Authority, kept by

the Authority pursuant to section 23;

"regulated goods means any equipment produced. supplied or offered

for supply or for use in a regulated sector and includes any goods the

Authority declares under section 46:

"regulated sector" means telecommunications, broadcasting, postal

services, allocation and management of radio spectrum and converging

electronic technologies including the internet and other Information

Cotnintinicat ion aiid recltnologies (IC .) applications.;

"regulated services" means: any services supplied or ottered for supply

in a regulated sect or and mel tides services whiclt the Ant hon ty

declares to be such services under section 4:

''reguluied supplier mean any person engaging in activities in or in

conncciioii with a regulated sector and includes service provider,

operator licence or any other any person whom the Authority

declares under section 46 to be sttch supplier;

"Review panel" means the review panel established under section 33:

"Sccreta" means a Secretary to the Authority appoi mteL Limier

section 14(8):

"sector legislation" means any Legislation related to the regulated sector

or services:

"sector Minister'' tneans the NI inkier for the i hue being responsible for

a regulated sector:

Internal Review Committee" means the Comniittee.'ippointcd by the

Authority pursuant to section 34:

"standards includes technical and safety standards relating to the

eoni CXI ol telecominttnications. broadcasting. postal and in thrmation

conimunicat ions sectors:

""l'ribunal" means the Fair Competition i'nbttnal established by section

83 cii he Fair Cotripetit ion Act. 2003;

PART 11

fiw At it R)Ri IV

Esrab- 4. - (1) [here is established a body to he h- nowti as the Tari-cania tishuiicni Communications Regulatory .Authority also known by its acrottym 1)1 lime "TCRA"' Authority

$ No. 12 Th,,zania C'ommunkasiuns Rcç'u/aiun' ,iiit/,oiin 2003

(2) The Authority shall he a body corporate with perpetual succession

and a common seal and shalL in its corporate nartie. be capable ott

suing and being sued:

acquiring. holding and disposing of real and personal properly;

exercising the powers and performing the luncuons conferred

upon it by or tinder this Act:

entering into any cont net or other transaction, and doing or

suficring to do all such other acts and things which it body

corporate may lawfully pertorm, door stiller to be done.

(3) The common seal of the Authority shall be duly affixed if

witnessed underhand by the Director-General or the Secretary of the

Authority amid any other person duty authoriied on thai behalf.

(4) A document in writing recording acts or decisions of'the Authority

may he executed or authenticated on behalfof the Authority under the hand

of the Chaintran, the Director-General or the Sceretan' of the Authority.

(5) Judicial notices shall be takenof the common seal ot the Authority and

any document executed orauthenucated in accordance with this section.

(6) Notwithstanding the preceding provisions of this section. and the

Authority having the status of a body corporaic. the Attorney-General

shall have the right to intervene in any suit or matter ijistin.ited by or

against the Authority

(7) Where the Attorney-General intervenes in any nmtter in pursuance Act

of subsection (6), the provisions of the Government Proceedings Act. No. 16 of

1967. shall apply in relation to theproceedingsoitliat suit ormatteras it' 1067

it had been instituted by or against the Government.

5. It shall he the duty of the Authority that in carrying out its Dury&

functions it shall strive to enhance the welfare of Tanzania society by- tire

(a) proriroting effective competition and economic efficiency: .\uctuiriiy

(h) protecting the interest oteonsunwrs:

(e) protecting the financial viability of efficient suppliers:

promoting the availability of regulated services to all consumers

including low income, rural and disadvantaged consumers:

enhancing public knowledge, awareness and understanding (II

the regulated sectors including -

the rights and obligations ofconsunicrsand regulated suppliers:

the ways in which complaints and disputes may be initiated

and resolved:

(iii)the duties, functions and activities of the Authority.

No. 12 ihn:unia ('emzngunicatioas Reu/woprn .1iiFJionFv 2803 9

(f) taking into account the riced to protect and preserve the

environment.

Funtliuns 6. (1) The functions of the Authority shall he -

of the Au- thoriiv (a) to perform the functions conferred on 11w Authority by sector

legislation:

(b) subject to sector legislation -

(I) to issue, renew and cancel licence,,:

to establish standards for regulated goods and regulated

sen'ices: to establish standards Iir the terms and condiflorts olsupplv

of the regulated goods and services;

to regulate rates and charges: to make rules li'r carn:inu out the purposes and provisions of

hi sAc t and the sect or IeQ I slat ion;

(c) to tiiomtor the perlormance oldie regulated sectors including in

relation to

(I) levels oF' investment:

(ii) uvailahility, quality and standards of services:

(iii)the cost of services; the efficiency of production and distributton of services, and

other rttatters relevant to t 1w Autliorit v:

(ti) to lad) itate the resolution ol' complaints and disputes:

(e) to take over and continue earrvillg out the functions formerly of

the Ian,;tnia CommunicationsConuuission and Tanzania Broad-

casting ('ojllnhission;

(I) to disscminate inlontiation about matters relevant to the tiLnctions

of the Authority; (g) to eortsuh with other regulatory authorities or b&xhies orirlstitutiorts

discharging functions similar to those of the Authority in the

United Republic oVlanzania and elsewhere:

(h) to administer this Act:

(i) to perform such other functions as may he conferred on the

Authority by this Act or any other law.

(2) 'Ihe Authority shall not perform its functions in contravention of

any international agreement to which the United Republic is it party.

10 No. 12 Tan:cinia (7o,,;??z:1?licatio,g. Regulatory Author/tv 2003

In the perforniattee ol its functions. the \uthority shall not award

or cancel a licence with an exciusivily period or universal service

obligations or having a term of live or more years without prior consul-

tation with the \iinisier and the relevant sector Minister.

In addition to the preceding provisions of'this section. the Minister

may from time to time as occasion necessitates it, give to the Authority

directions of a specitic or general character on specific issues, other

than in relation to the discharge of the regulator function, arising in

relation to any sector, for the purpose of securing the effective perfor-

mance by the Authority of its policy, functions and eonipliance with the

code of conduct.

Any direction given by the Minister in accordance with subsection

(4) shall be in writing and published in the (;overnr11eJt Ganm'.

Estab-

7.- (I) There is hereby established a Board which shall be the Iisli,ncnt

governing body of the Authority and shall consist olseven members as Of (tie

follows - 13tard

(a) a Chainnan and Vice-Chairritan who shall be non-executive:

(h) four non-executive members:

(c) the Director-General appointed under section 13.

The Chairman and the Vice-Chairman shall be appointed by the

President on basis of the principle that where the Chairman hails from

one part of the Union, the Vice-Chairman shall he a person who hails

from the other part of the Union.

The four non-exeeutivc members shall be appointed by the

Minister after consultation with the sector Ministers.

TIre appointment will be made from the respective lists of short

listed candidates submitted by Nomination Committee.

In order to maintain impartiality of the Authority and hr the

purpose of avoiding conflict of interest, a person shall not hequalified

for appointmeiil as a member of the Authority if owing to the nature of

the office he holds is likely to exert influence on the Authority.

'the members of the Board shall be paid such fees and allowances

as may he determined by the Minister on the advice of the Authority.

No. 12 /an:anrn Coininunicwions Regukuorv Auhontv 2003 II

(7)The provisions of the First Seheduletothis Act shall have elkcts

as to the composition oldie Board, the tenure (iloffice of its members,

terminations of their appointment, the proceetli igs ot the Board and other

matters in relation to the Board and its members.

8. (I) There is established a Nomination Committee which shall be

Iüuu comprised of- Commit-

(a) the Permanent Secretary of the Ministry for the time being

Noiniuia responsible for the .Autliorits who shall be the Chairman of the non Conintittee:

(t,) the Peniianeni Secretary Ii>r the time being responsible for public

broadcast i 114 and content matters:

two other persons representing the private sector nominated in

accordance with subsection (2);

one oilier lerson representing the public sector nominated by

the Minister.

One of the two persons referred to in subsection (1 )(e) shall be

nominated from a legally recognized body renresentative of the private

sector. and I he other person sli:il I be nominated by the Council

The Council and the body representing the private sector shall

both consult as widely as possible with indusin organization before

nominating any person under subsection (2).

The Authority shall pay all such allowances, fees and any other

expenses incurred by the Nomination Committee, consultants or any

other person in the course of his duties to the Authority, as it may he

approved by die Minister from time to fine.

The proceedings and other matters in relation to the Nomination

Committee shall be as provided for in the First Schedule to this Act.

Function 9. - (I) ['lie functions of the Nominat ion Committee shall lie to of invite application scrutiny and shortlisting persons who apply for Niqiuinia' appontment as member., ot the Board of Directors and Director-General tion

- (cIui,Iiiit- oldie Authority.

ICC (2) The Nomination Conimittee may take such actions as are reasonable necessary to identify and attract the best candidates by adverlising.

12 No. 12 Thp:ania (_.'onun,e,ueazions Regulworv Authority 2003

The Authority shall pay from its lunds expenses incurred by the

Nonunation Committee in the course of the discharge of its duties.

The Nomination Committee shall submit to:

(a) the Minister, live names olpersons to he forwankxl to the President

by the Minister to be considered for appointment as Chairman

and Vice-Chairman:

(i)) the Minister, eight names of persons to be considered for

appoi ntmetit as members of the Authority:

(e) the Minister, three names of persons to be considered for

appointment as the Director-General of the Authority.

The Minister, before submitting the names to the President for

consideration for appointment of a Chairman and Vice Chairman or

bebore he considers names for appointment of Members or Director

General ofihe Authority shall. iirst consult with the Minister responsible

for puhlie broadcasting and content matters.

I (L-( I ) Within the lirst twelve months from the cornineneenient of Code of

this Act. the Authority shall adopt a code oF conduct prescribing conduci

standards of behaviour to he observed by the members and employees

of the Authority in ihe perFormance of their duties.

Subject to subsection ( I ) before linally adopting a code of

conduct the Authority shah -

(a) publish adrati ofihecodein the Gazeueand in the Public Register:

a tid

(h) hold an inquin'.

1 he Authority shall place on the Public Register a copy of its

code of conduct, and shall include in it an annual report on compliance with the code.

The code or conduct adopted or prescribed under this seelion

shall be binding to the Board Members and employees oithe Authority,

and may be amended from time to t itt ie.

No, 12 Thanmia crnijnju,ncwim,s Regis/aim-v .4uthoniv 2003 13

(5) A member or employee of the Authority who is subject to this

Act shall be considered to have breached the code ii-

he fails without reasonable cause to make declarations of his

interests as required: or

he knowirt&y makes a declaration Ihise or in isleadi ng in material

particulars thereby alieciing the decision.

Conflict II. -(I ) A memberor employee of the Authority shall he considered ul to have a conflict of interest for the purposes of this Act if lie acquires inlerest

any pecuniary or other interest that eon Id conflict v ith the proper

pertt'rrnanee of his Jut es as a nietiiher or employee ol the Authority

(2) Where at any time a member of the Authority has a conflict of

interest in relation to -

any titaiter betbre the Authority for eonsiderdtion or detennination:

or

any matter the Authority could reasonably expect might come

before it tin consideratioii or determination.

the membersitall immediately disclose the conflict of interest to the

other members of the Authority and refrain from taking pan. or any

lUtiher pan, in the consideration or determination of the matter.

(3) Where the Authority becomes aware that a member has a conflict

of interest in relation to any matter which is before the Authority, the

Authority shall direct the member to refrain from taking part, or taking

any i'urther part, in the consideration or deterrtitnation of the matter.

(4) lithe (hainmiii has a conflict OF interest he shall, jim addition to

complying with the other provisions ol this sectic n. disclose the eonllict

to the Minister by written notice.

(5) Upon the Authority becoming aware of any conflict oil rttercst it

must make a determination as to whether in future the contlict is likely

to interfere significantly with the proper and effective performance of

the lunctions and duties nithe nienther or the Authority and the tncrither

with t lie con Litet of interest shall not vote on I Ins detennination,

14 No. 12 Th,z:cuna Goznntutucaiions Thn,'uluton' /1lI1/lO?'i13' 2003

Where the Authority determines that the eotillict is likely to interfere significantly with the member's proper and effective pertormance as provided ror in subsection (5), the member shall resign, except if within the next iii irty days the member eliminates the conFlict to the satis-laction of the Authority within thir(y days.

The Authority shall report to the Minister any determination by the Authority that a conflict is likely to interfere significantly with perfbnnance as above and whether or not the conflict has been eliminated to the saiislaetion of the Authorit>c

The annual report of the Authority shall disclose details of all conflicts of interest and the determinations arising during the period covered by the report

12. (I) the President niay, acting upon any advice given by the Minister afier consultation with the relevant sector Minister, remove a member from 0 lIke at any time if -

(a) the member is declared bankrupt: (h) the member is convicted ofa criminal offence;

the member is in conflict of interest: the member is incapable of carrying out the member's duties because ol ill health or physical or mental impairment: he link to attend at least two thirds of all meetings of the Authority in a period of consecutive twelve months.

(2) A member oF the h3oard, including the Chairman and the Director-General, as well as an employee of the Authority, shall riot. durin& -a period of eighteen mouths after the expiratiott or termination olthe term ofoillee or service within the Authority.

enter into any contract ofemplovment with, or contract for the supply of sen'iecs to, any person or organization under the jurisdiction of the Authority durine the members term of office or employee's service with the Authorit>

acquire or hold any financial interest, whether as any employee. partner, shareholder. officer or joint venture, in any business or organization supplying services to any person or organization under thejurisdiction of the Authority during the member's term of office or employee's service with the Authority.

ttcniovat 0!'

nit tic N

from ott'ucc

No. 12 Thuzania C½n,mz,nicario,zs Rcitielasorv .1zu/wntv 2003 15

The 13.- (I) There shall he a Director-General oithe Authority who shall Director he appointed by the Minister from amongst a list of names submitted by General

the Nomination Committee.

(2) A person shall not he qwtlified forappointnicnt as Director-General

unless he

(a) isa graduate ofa recognized universily:

(h) possesses at least ten years expenenee in one or more of the

lieltIs of rnatiaeeineiit. law, economies, finance or engineering:

has knowlethte and experience of the communications secters:

is willing to serve as the Director-General.

(3) The Director-General shall be appointed to serve on such terms

and condilions as shall he set out in the letter of his appointment or as

tna' from time to lime he determined by the Board of Directors with the

approvat of the Ni mister.

(4) The Director-General sluill also be the chief executive officer of

the Autltority and shall not engage in any other paid emplovineni.

(5) [he Dircetor-General shall not participate in any deliberations or

decisions of the Board relatirw to his ternis and conditions ol crtiptovtncnt.

(6) The Director-General shall be responsible for the day-to-day

operations of the Authority. subject to the directions of the Board.

Direciurs 14. -(1) lhere shall be employed by the Auiliority. Divisional Diruelors eoii,..ult- eac.i with responsibilities Thu a particular sector. ants and other staff (2) The Aulltority shall appoint a person as Divisional Director 01113'

he sluill have provable knowledge and appropriate experience in rela-

tion to the relevant sector.

(3) A Divisional Director appointed under subsection(2) shallserve

the Authority for a ten)) of tive years and may he re-appointed for such

term or terms as the Authority deems fit.

16 No. 12 jz,rzania Gomnuinications Regulatory Au/boris 2003

There shall be employed by the Authority such other officers. stall and employees of the Authority of such number and titles as may he necessary for the efficient discharge of 11w Ilinetions of the Authority. and on such terms and conditions as may be determined by the Board.

The Authority shall appoint consultants and experts of the Aulhority in various disciplines on such terms and conditions as the Authority may from time to time determine.

The Authority shall establish a competitive selection procedure for the appointment of all employees, consultants and experts.

•tiie Authorityshall comply with titecoinpetitive selection procedure established under subsection (6) whenever it appoints employees, consultants or experts.

The Authority shall appoint a Secretary on such terms and con-ditions as it deems nt.

PARt Il PC )WI:KS AND PR( XE itt )IN( S (U Till- At liii Ml ITV

15.- (1) Subject to the provisions of this Act, the Authority shall General have power to do all things which are necessary br or in connection powers with the perlbrmance of its ltttictions or to enable it to discharge its duties.

(2) Without limiting the powers eoiiieri'cd Ltnder subsection (1), the Authority shall also have the following powers -

such powers as may he conferred on it by sector legislation: the power to appoint an adminisirator to ritatiage he business of a regulated supplier whose licci ice to operate has been cancelled as may he provided tinder sector legislation.

16.- (1) Subject to the provisions of sector legislation and licenees Powers to granted under the legislation, the Authority shall carry out reviews of rcgut.ttc rates and charges. rates and

charges

(2) In making any determination with regards to regulating rates and charges, the Authority shall take into consideration-

No. 12 Tan:wua Cwn,nunicatio,zs Regulawrr .1uthontt 2003 17

(a) Ike costs of itiakitig. produenig and supplying the toods or

sen7ices:

(h) the desire to promote competitive rates and attract the market:

any relevant benchmarks irteludi ng international benchmarks for

prices. costs anti rd urn tin assets in comparable i idusi ries:

the fi nane ial impl leat ions of the deterni i nit I ion;

the consumer and investor interest:

(1) the return on assets in the regulated sector:

any oilier lteIor specilied in relevant sector iegilation:

(It) any oilier factors the Authority considers rcleint.

(3) The Authority shall publish in the Government Gan'tic all the

rates tarif& and charges regulated by the Authority.

Pc,werai 17. -(1) \'hcrc the Aulliorily has reasons It) believe that a person is oblaill capable of sttppling intbrmation. producing it docunieni or giving It) UTIIhI

evidence that may assist in the perfomtance of any of its functions. flon, -

(h)Cu- any officer oldie Authority may by summons signed by the a Director-

inents General or Secretary of the Authority served on that persoli, require that and person - evidence

(a) to furnish the iii lornial ion in vriI ing. signed by him, in the case

of a body corporate. sigited by it collipetelil officer ol' Ihie body

coimrate:

to produce t he document to the Authority:

(.:) to appear before the Authority to give evidence.

A stniirnons untlerthtis section shall specit\,' the required time and

manner of eonipl ianec.

The Authority may require that any evidence relèrred to under

this section be eivell on oath or atliniiat ion, and in that case. I lie Director

General, the Secretary or any officer of Ilte Auiliority may admiiitster

the oath or affirmation.

Any person shall not be excused hoot complying with summons

under this section on the grounds thai compliance may lend U' incriritinate

the person or make the person liable to it penalty save that iriloniiation,

documents and evidence provided in answer to a summons will not be

admissible in any proceedings againsi die penoii other than proceedings

under this Act, sector legislation, the FairC'ompetition Act. 2003 or any

envtroutne;tt protect ion legislation.

IS No. 12 Thn:a,zw (.wnmu, ?CU(iofls Jkgulaw,y Azuhontv 2003

Any person who without lawful excuse, retitses or fails to comply

with a summons under ihis section. coninuts an oflenee and lb liable on

conviction to a tine of not less than the equivalent in lanzanian

shillings olUnited Statesdollars live hundredorto imprisonment fora

term not less six monlhs or both such tine and iniprisonineni.

Where the Authority has reason to believe that a person is in

possession or control of an inlonnation or document which may assist

in the performance of its lunctions and that person has relt scd or failed

to supply such inkirmatioji or document, the flirector-Cienerat. Secretary

or any oflicerof the Authority may apply to the Fair Competition Tribunal

or a competent court fOr issuance of a warrant authorizing a police

officer to enter into any premises believed to contain or into which a

document is kept or hidden and conduct sea reli and make copies or take

extracts of documents therein.

On application under subsection (6). the Chainnan of the Tribunal

or any auihonzed person, may, on application issue it warrant authorizing any police officer to fore bk enter the premises to conduct the search

and make copies or take extracts of documents ihere in.

Any person. who knowingly gives falseor misleading infonnation

or evidence in purported compliance with a sunuttons under this sec-

tion, commits an offence.

18.- (1) The Authority may conduct an inquiry where it considers IL ('imer tu

necessary or desirable for the purpose of carrying out its functions. hold

ilicluiries

(2) The Authority shall conduct 33) inquily before exercising power to

grant, renew or cancel a licence with an exclusivity period or

ttn i versal service obligation:

regulate any rates or charges;

adopt a code of conduct.

(3) Where the Minister directs by noucc in writing that an inquiry be

conducted, on any specilied subject matter of the inquiry, the Authority shall conduct the inquiry.

No. 12 Thn:ania Comn;unicarionx Regu/uton .1 uthinnr 2003 19

(4) The Minister may specit\ in a direction under section (3)a lime

wichm which I he Authority shall submit it s reporl Following the inquiry

and ifso the Authority shall submit its report to the Minister witltin thai

time.

(5) The Aullwriiy shall give notice of an inquiry by

publishing a notice in the Gazeve and in a daily newspaper

ciculatinti generally in Tanzania specifying the purpose of the

inquiry, the time within which submissions may be macFe to the

Authority, I he lbrni iii which submissions should be made. the

matters ihe Atiiliuriiv would like the submissions In deal with

and. in the case of an inqtiiry conduci ed al the direct ion ot' the

Minister, the Ministe(s terms of reference:

sending written notice of the inquinc including the intbrmation

in paragraph (a), to -

scn'iec providersknown to the Authority whose interests the

Authority considers are likely to be affected by the outcome

nI the inquiry:

the ('onsu nier Consultative (ounei I;

industry and consumer organizations which the Authority

considers may have an interest in the matter.

iv) the M inkier and other Ni irtiSteN having interest in the nialter.

(6) the Minister shall, by order published in the Gazette, make rules

for conducting inquiries under this section.

('IIIuIrcti. 19.- (1) In carryingout its Functions and exercising its powers under tion this Act, and under sector legislation in relation in panieular ittarkets For policy reuulated services, t he Authority shall take into account and - contra- vennons (a) whether the conditions for effective competition exist in the

41 law on market;

(h) whether any exercise by the Attihonty is likely to cause any

lessening ofeompetition or additional costs in the market and is

Ii kel V to be (let ri rncnt alto the public:

(e) whetherany such dctriments to the public are likely to outweigh

any henetits toihe public resttlting from the exercise of the powers.

20 No. 12 /h,,zania Com,nunicauthis Regulatory Authority 2003

The Authority shall deal with all competition issues which may

arise in the course of the discharge of the tune! ions, and may investigate

and report on those issues, making appropriate recommendations to the

Commission or any oilier relevant authority in relation to -

(a) anycontravention of the l"airCompetition Ad. 2003 theTanzania Act No,

Bureau of Standards Act, 1975, or any other written law; 3of 1975

(h) actual or potential competition in any market for regulated

services compel ilion or additional costs in the market and is

I ikelv to be detrimental to the public:

(e) any determinants likely to result to the members of the public.

Subject to the provisions of subsections (I) and (2), the Authority

shall place on the Public Register a copy of any recommendation.

20. - (1) Ihere mat' he established in relation to a matter or matters Authority

ofa particular kind, a Comriiittee of the Authority composed of not less may it in Commit-

than two members of the Board. cc

The Authority may direct that sonic outs powers in relation to a

matter or matters ofa particular kind, other than powers the Authority

may not delegate under section 21, be exercised by a Committee of the Authority.

Subject to the provisions of subsection (I). ifthc Chairman is not

a nieniber of a Committee, the Conimittee shall appoint a member to

preside at the meetings of the Committee.

A qttonini at the meeting of a Committee shall be two members.

Except as provided in this section, meetings ofa Committee will

he subject to the same rules as the meeting of the Attthority.

21. - (1) Ihe Authority may delegatc to a member or an emtiployee of Dckga-the Authority, either generally or otherwise as provided by the instrument don of delegation, any of its powers other than the power of delegation, its

powers to revoke or van' a delegation and the powers referred to in subsection (2).

(2) Notwithstanding the powers conferred to the Authority to

delegate, the Authority shall not delegate any of the following powers, namely, power to -

No. 12 iiucania C'o,n,menicwirmv T&' u/utorv .4u1/wriv 2003 21

(a) grant. renew 411 cancel a licence with exclusivity and universal ohi ivat ions:

41)) make any nile or declaration;

(e) lix the method nt calculating and reviewing oiratcs and charges;

d) make it decision to hold all Inquiry: (e) adopt a report on the results elan inquiry:

(F) adopt a code of conduct;

(g) such other matters as the Minister may by notice in the Gazeuc

dcl tni ii He.

Con'uUa- 22. - (I) [lie Authorily shall, hekire the beginning of each year. lion will establish an annual programme for consullal loll wit It such persons and ,011SUln. t'rganhzatiOits JS tile Authority may consider necessary or desirable to

mdugry consult for the purpose of effectively carrying out its bunctiojis.

and go'crn- (2) Subject to pro isions ol ' subseci ion (I). the Authority shall niefli supply a copy of its consultation prograninie to the Minister and place a

copy CIJI the Public Register

The Authority shall include in its Annual Report a report on the

implenieniatioti of its consultation programme during the year covered

by the Report.

For the pumose ci this section, it shall be the duly of the Authority

to establish and identify the persons, organizations and institutions to be

constilted.

Public 23. -(1) Thcre shall be it Public Register kept by the Authority at its Rcgisiec pnncipal oliiee, which shall he available icr public inspection at all

tunes during business hours.

[here shall he kept at Ilte sub-oftice ofihe Authority copies olthe

Public Register which shall he accessible for inspection by members of

the public.

The Authority shall from time to time determine the eatcgories of

decisions and information which would be placed on the Public Register

and will riot i the Ni in isler aecordingl>c

22 No. 12 Tanzania Commankatiuns Regulatory Aut/iorij 2003

(4) The .&uthority shall cause to be published in the Gazette as soon

as may be practicable -

(a) any code of conduct to be adopted:

(h) any Rules or J(egulauons:

a summary of any decision by the Authority regulating rates or

charges for the regulated goods or services:

any other decision or information the '\uthority may decide to

publish in the Gazette.

(5) The Authority shall exclude from the Public Reeisterany document

or part of a document which is confidential wjtlitn the provtsions oF

section 24.

(6) The Authority shall ensure that where possible the Register shall

he accessible to the public by Internet.

24. - (I) For the purposes of this Act, any person who gives or Conlidcn-

discloses any material to the Authority, whether under compulsion of tiaIi

law or otherwise, that person may claim confidentiality in respect of the

whole or any part of the material.

the Authority shall set out procedures and publish in the Gazette on how it will disclose its confidential materials or intbmiaiion.

Any person who discloses contidential information otherwise

than as authorized by the Authority, commits an offence.

PART IV

c:owrrNT COMMIt I FE AND ITS Fi:xct IONS

25. In this Part - ikIlni-

"Charter" means an agreement entered between the Government and

the Tan,ania Broadcasting Services with regard to the provision of

public service broadcasting in the country:

"Content Committee"or'a Commiuee" means a Committee established

under section 26 which shall be responsible br regulation of broadcast

conlent transmitted by any broadcasting station or any electronic

communication media as a broadcasting senice:

No. 12 Tan:a,zia Ccnnnzzz,,ications Rcc,'ze/ato'y ,Aut/,orits' 2003 23

''electronic eoninm nication media means radiocotnmtinication system

used or intended to be used for radiocomniunicalions:

"Minister" as used under this Part and Part V means the Minister

responsible for Public Broadcasting and Content Committee matters;

''radiocomiminicat ion means any I elceotiiiiuinicat joTi by means of

Ilertzian or radio waves.

Esiab-lishineni of the Conieni C'onuutii-

ice

and l'unctiolis ol the ( oulteru ('ounnhji-(cc

26.-( 1) There shalt he established by the Minister a Content Committee. herein this Part referred to as the Commitiee.

(2) The Committee shall consist of not more than five niernhcrs -

the Vice Chairman of' the Authority who shalt be the Chairman

of the Guru nut tee:

four members appointed by the Minister upon consultation with

the Chairman of the Board:

the Committee shall co-opt an expert or any person as it considers

necessary.

(3) In appointing members of the committee under sect ion (2). the Minister shall have regard to appoin: persons who -

are graduates ola recognized university:

have in least ten years experience in one or more of' management.

law, economics. finance, engineering, inlbrniation eomrnunjeation

technology, broadcasting. communication or culture:

(e) have knowledge ot'hroadcasting industry:

have satisfied the Ni inkier that they are unlikely to have a

conflict of interest under section II and will not have any

financial or other interest which will he likely prejudicially

affect the earning out of any functions tinder this Part;

are willing to serve as members:

(1) have regard to the desirability of ensuring that the person

appointed is able to represeni the interest and opinions of persons

liVing in all the difVa-ent parts of ilie country: and

(g) are in the opinion of the Minister, otherwise suitable to perform

the functions and duties ofa member competently and honestl)

27.-( I) The Committee shalt have such powers and functions as the Authority may determine in the exercise of the powers conferred tinder

sections 5 and 6 of the Act and in particular shall --

24 No. 12 Thnzwiia C'omn,ewicaticms Regulawn' Authoriw 2003

(a) advise the Sector Minister on broadcasting policy;

(h) monitor and regulate broadcast content:

handle complaints from operators and consumers; and

monitor broadcasting ethics compliance.

(2) The Committee shalt have such Junctions as the Authontç in the

exercise of the powers tinder this Part may confer to the Committee.

(3) The Authority may determine the functions of the Committee

which shall include the carrvine out of functions in relation to -

luuattcrs that concern the content ofaitything which is or may be

broadcast or otherwise iransniitted by means of electronic

Comniu nicat ions networks: and

the proniol ion of public understanding o iawarcness of matters

relating to the publication of niauer by means of the electronic

media.

(4) In determining what functions to con icr on the Committee, the

Aulliority shaJl have in tarticular retard to the desirability of securing

that the Committee have at least a significant influence on decisions which -

relate to the matters mentioned in subsection (3): 311(1

involve rIte consideration ofditierent interests and oilier factors

with respect to ditTërent paits oi' rite Mainland Tanzania.

(5) It shall be the duty or the Committee to ensure, in relation to-

the carrying out of Authority's Junctions tinder this I'art:

the matters with respect to which titnelions are conferred on the

Auittority; and

such other matters mentioned in the Act, as the Authority may dctcrnine:

that the Authority is aware of the ditterent interests and other

factors. which in the Coniniittec's opinion, need to be taken into accouni in respect 10 the different parts ot'the Mainland 'linzania in relation to the carrying out of the Authority's lunctions.

No. 12 Jan:ai,w Goinazuizications Regzelwuri' Aut/znritv 2093 25

The Minister may by writing tinder his hand give the ('omniitlee

directions ofa general or specific nature and the Committee shall comply

with even such direct ion.

I'owcrs 28.-( I) the Minister under this Part, shall exercise his powers in

oldie respect to matters of national security, public safety and crisis or Minister cniergcnev.

(2) It shall he the duty of the Minister Mien appoi it irig members of

the Content Committee to appoint members who are not employees of

the Authority or broadcasting organizations.

\ieeiines 29.-( I) An Ordinary meeling of the Committee shall be four times rind pr- yearly convened by the ('Itairnian arid the notice will issue specifying ccdurcs ol the date. place and time o ithe mectirui which shall he sent to each mem-the Con,- . . -

her at his usual place of business or res)denee not less than ieii days rnhtec - before the date of the meeting and where the Chairman is unable to act

or is absent, the Vice C'Iiainnan elected by the members amongst them-

selves shall preside at the meeting.

The Committee shall conduct its extraordinary meeting as often

as necessary for the Committee to transact its business.

The members of the Committee shall be paid such allowances

and lees as may he determined by the Minister, on the advice of the

Ant hority.

Noactorproeeedingofthe Committee shall he invalid by reason

of any detect or irregularity in the appointment of any member or by

reason that any person who purported bona fide to act as a member at

the time ofihe act or proceedings was in fact disqualified or not entitled

to act as a member.

Where any member absents himself from three consecutive meetings

of the Committee without sufficient cause, the committee shall advise

the appointing authority of the Ibet and the appointing authority may

terminate the appointment of the member and appoint ariotlter member

in his place.

26 No. 12 7,,z:ania communicathn,s Rcgulaton' Authority 2003

Subject ic this Part, the Committee shall have power to regulate

its OWn procedure in relation to its meetings and the transaction ol' its

business.

The duration of the Committee members shall he three years

from the date of their appointment but, may be eligible lhr reappointment

for another one term.

30.-( 1) The powers of the Authority to determine the Committee's Povers functions includes power to authorize the Committee to establish of the -

sub-committees and panels to advise the Committee on the canying out

of some or all of the Committee's functions, reiat ion

to the (2) The power (if the Authority to authorize the establishment of a Cm'nit-

sub-Committee or panel by the Committee includes power to authorize tee

the establishment of a sub-Cominitlee or panel that includes persons

who are not members ol' the Committee.

PART V

TuE TANZ\\t.\ BnO\OC'ASTNG SLRvJcIs (ltjI)

31.41) there is established under section 4 of the Public Corporation Estab'

Act, a Thnzania Broadcasting Services in Kiswahih known as 'Faasisi lishment

va UtanQazaji Tanzania known in its acronym lii!. of - laniania Broad-

(2) The functions of Tanzania Broadcasting Services shall be as

provided for under the Public Corporation ([he Qtnzania Broadcasting Servicec

Services) (flstablishmcnt) Order, 2002. cx. No.

239 ci

2002

32.4 1) It shall be tile functions oil lie Aul hon ty to Functions Of the

ensure that, there is a provision for a charter made between the Authority

Tanzania Broadcastino Services and the Minister responsible fl

rctanon for broadeasting to the to ensure that, the charterentered between the tanzania Broad- T;inianji

casting Services and the Minister responsible for broadcasting t3rnad-

empowers the Tanzania Broadcasting Services to become a - - Services

public service broadcaster:

to ensure that the charter empowers the 'I'anzania Broadcasting

Services to have universal service obligations.

No. 12 Thn:ania C'onzwuniccuions Re,gulawrv Auz/wrin 2003 27

(2) Subject to the provisions of this Act, the charter shall prescribe

categories of services to he provided by the Tanzania Broadcasting

Services stLch as -

(a) public broadcasting services.

(h) commercial broadcasting services:

coinmuTuty broadcasting services: and

such other broadcasting aetivitics as the Minister responsible

for Broadcasting may determine.

(3) the powers conferred on the lanzania Broadcasting Services

by a charter may include power to impose penalues by the Authority on

lail?aiiia Broadcastine Services in respect of any coTirraveTil ions Of the

charter or oil iie provisions ol this Part.

(4) the Tanzania l3roadcasting Services shall upon conviction be

liable to a tine of not less than live million shilhinus.

PART Vt

Rrvirw \Nr) Appr;s Pglxrr,iRrs

levicw 33. - (I) The Aulhoritv shall esuthlish a Revicw Panel which shall at Panel all limes consist of -

two persons who have experience in law for at least ten years;

two persons who are graduates ofa recognized universtty, each

having at least len years of' experience in one or more of the

fields ofeconornies. tinance, engineering, managemenl, broad-

casting or i )lOrtllcIti011 and conitnunicalions technologies.

the Authority shall appoint the members of the Review PaneL for

a term not exceeding five years on such terms and conditions as the

Authority shall deem lit, and shall till any vacancy on the Panel as soon

as is reasonably practical alier the vacancy occurs.

The Review Panel shall be the source of persons who may from

ti inc to i iztte he drawn to fbrnt the Internal Review Committee whose

fttnctioiis are as provided for under section 34 of the Act.

28 No. 12 Thn:ania Co,;ununiecirio,;s Regulatory Aui/,oriv 2003

34. - (1) Any person aggrieved by any decision made on behalf of Disk'n

the Authority under delegated tower by - nndc

under

a Committee of the Aulhonty: or deleiied

po"cr one or more members or employees of the Authority

may, within Iburteen days after receipt of the record of the decision

apply to the Auihoriiy for it to review the decision in question.

(2) Upon receipt of an application under subsection (1). the Authority

shall appoint an Internal Review Committee which shall consist of-

two members of the Review Panel, one of whom shall he a lawyer

and another shall be quail lied in the field of the subject of the

appl lea! ion:

one member of the Board who did not participate in the decision

which is the subject of the application.

(3) The lnicrnal Review Committee shall deliver or send by registered

post a copy oldie application for review and it written invitation to make

submissions on the application to the following persons -

the Minister;

the relevant sector Minister:

all persons who make submissions to the Authority in relation to

the decision tinder review or who have otherwise indicated to

the Authority an intercst in the decision:

the Consumer Consttltative Council:

any other persons whom the Committee considers should

receive notice of the application.

(4) The Internal Review Committee shall allow not less than twenty-one

days br submissions lo he made in relation to the application for

review.

(5) Subject to this section, the Internal Review Committee shall

determine its own procedure and shall not he bound by the rules of

evidence.

(6) The Internal Review Committee -

No. 12 !dflWJUt ('u"nnzenicwio,is Iü'gu/atOn Aiithontt 2003 29

shall comply with section 34 and may exercise the poWers or the

Authority tinder that seclion:

may take such steps, including exercising the powers of the

Authority to obtain infonnation, documents and evidence

undersecuon l7,as itdeemsnecessaryro inIrm ilsellofmaiters

relevant to the applications lor review.

(7) \Vithin threewecksztfterreceipt ofthe submtssion uridersubsection

(4). the Internal Review Committee shall consider the application together

with any submissions received, prepare it recommendation and submit

to the Authority for its decision.

(8) ihe internal Review Committee may reeorunierid lo the Authority

to -

dismiss the application:

sets aside the original decision and make a different decision:

(e) vary the decision: or

(d) set aside the decision and delegate the matter to a Committee or

one or more members or officers of the Authority for a fresh

decision without directions as to ways in which that decision

will be made.

(9) The Authority shall make a detennination on the reconmiendaiion

by the internal Review Comniittee by a vote of the majoritY of its

members and may either conhrmn, vary or dismiss the decision subject of review.

Decisini 35.- (1) A decision by a Coniniitiee ol the Authority, member or be placed employees ofihe Authority shall, iltlmere is no application for its review ° (tiC in pursuance ol section 34, he placed on the Public Itegister. Public - Regitc:

(2) Where there is an application for review ot a decision of the

('ommitree of the Authority or of a member or employees of the Authority.

that decision shall not be placeclon the Public Registeruntit the application

for review or the appeal In the Fair c:ompetition Tribunal, as mite case may he. is determined.

Appc;Is 36. . (I) Any person aegrie etl by the decision ol the Authority or (attic any other decision made in connection to the purposes alibis Act may :1uT_ appeal to the Fair Competition Iribunal.

1 ri but,iii

againM

(I CCI S Ii

,itlic A ii ii ;o ri v

30 No. 12 Tanzania (anzmu,zication Regitlawn' .'lni/zoriiv 2003

(2) Subject to the provisions ol the subsection (I). the grounds of

appeal shall he on the following. that -

the decision made was not based on evidence produced:

there was an error in law:

(e) the procedures and other statutory requirements applicable to

the Authority were not complied with and the non-compliance

materially affected the determination:

(d) the Authority (lid not have power to make the determination.

(3) Notwitlistzinding iheprovisions olsections 35, the decision oftlie

Fair Competition 1 ri bunal shall be final.

PARI VII

fill C'OtJN(iI

37. - (1) [here is hereby established a Council to be known as the

•FCRA Consumer Consultative Council. Iihiuic;ut ui the

The ('outicil shall consist of not less I han seven incnibers and Council

not more than ten members appointed by the Minister from amongst it

list of names provided by members of the business community or byan

or2ani,aIioli oronzaniiatioris etallv reeogni,edas being representative

of private seior interest.

Tenure of office of the members of the Council shall be three years with e liect from the date of appoi lit merit.

F3ciore making the appointmcntsof IneinbeN purstiarn tosubscction

(2). the Ministershall by notice published in the Ga:c'ae and in any newspa. per or newspapers circulating widely in the country invite nominations

for appointments and having received them, publish the names and call

for coinnients. objections or rcpreseTltat ions from the public con-

cerried.

In nominating and appointing persons for the Council, the members

ofthe private sectorand the Minister shall have regard to thedesirability

of the Council as a group having knowledge and understanding of the

interests of consumers and that of the regulated services, including the

interest of-

No. 12 Th,,:ania Cu,n,,nuzic'iriuns ReguIoton .1,ethorjiv 2003 31

Low income, rural and disadvajuaged persons;

indusina! and business users:

(e) government and conirnunity organizations.

The Council shall make its own rules iorrcu!ating its procedures and other niatters relating to its lunet ions.

The Miii isler shall appoint the Chairman and the members shall

elect the Vice Chairman from amongst their number.

Powets 38.-- (1) The Council shall have powers and perform the lohlowing and fri net ions, namely: tllflctlofls

(a)to rcprcsenl the interest of consurtiers by rtraktng submissions to.

Council providing views and inlbrination to and consulting with the Authority, Minister and seetor Ministers;

(h) to receive and disseminate information and views on matters of

interest to consumers of regulatcd goods and sen'ices;

(e) to establish local, regional and sector consumer cornnlittees and

consul I V/i ih them:

(d) to consult with industry, government and other consumer groups

on matters of interest to consumers of regulated goods arid services.

The Authority shall in the first three years of the existence of the

Council provide tbrtlre secretariat, and Ihercaller the Council shall have its own Secretariat.

The lunetions of the Secretariat shall he as may be directed by

the CounciL.

TIte Council shall have power to regulate its own procedure in

relation to the performance of its business.

Subject to subsections (I). (2) and (3), the Chairman in consulta-

tion with the members may convene meetings at least Ibur tithes it year.

The Chairman shall preside at meetings of the Council and in his

absence members present may appoint one of theirnumber to preside at

the meeting.

A quorum at a rneeti rig of the Council shall he Four members.

32 No. 12 Thn:ania Conunisnicatious Rcguluton Authority 2003

39. (1) The funds and resotirces of the cotineil shall consist at'- funds of the

(a) such sums as may he appropriated by Parliament for the Council

purposes of the Council during the first three years of the nual existence ofthe Council; wpon

(h) such sums as may be appropriated front the finds of the Auihority

for the purposes of the Council:

(c) grants. donations, bequests or other contributions.

the Council shall prescribe procedure tin enabling members of

the business community and organizations represenlalive of the pnvate

sector to contribute to and budget for all the meetings and transactions

of the Council.

The Council shall keep hooks of account and maintain proper

records of its operations in accordance with public accounting standards.

The Council shall at any time, and at the end of each financial ;et No.

year have the accounts of the Council audited by a person registered 3$ of

under the Auditors and Accountants (Registration) Act. 1972 appointed 1972

by the Council on such tenus and conditions as the Council may determine.

Ihe Council shall prepare an annual report in relation to each

year ended 301 June and submit it to the Minister before 30 September

in that year.

[he annual report shall provide detailed in tOrmation regarding

the activities of the Council during the previous year ended 30n June

and any additional information requested by the Minister within twenty

eight days of its receipt or on the lirst available sittin g day thereafter, the

Minister shall table in the National Assembly the annual report of the

C'ounei I.

Subject to subsection (5). the annual report of the Council shall

include the linancial statements of the Council for the immediately

preceding financial year and the auditofs report based on the aforeinen-

lioned financial statements.

No. 12 Thi,aiu, Coniniunications Thçzileiion' Autlzw'itv 2003 33

'the Council shall prepare a budget and submit to the Minister for

approval before the end of each Financial year for the foitowing tinancial

year showing estimates of its receipts and expenditures for the lollowing

financial year.

At the Authority's request the Council shall commission any

person to assess and report on the exteni to which the budget represents

a fair and reasonable projection of the income and expenditure of the

Council for the relevant year and shall submit that report to the Minister.

PART VIII

C< )\IPt APIS \N1) Disni cc RISOLI I ION

Coin- 40, - ( I ) Tins section shall apply to an complaint against a supplier of regulated goods or senices in relai iOn to any ritaiter connected with

the supply. possible supplY or purported supply of the goods or services.

(2) Where a complaint is referred to or otherwise conies to the atten-

(ion of the Authority and it appears to the Authority that-

the complainant has an interest in the iiiatter to which the

complaint relates, a rid

the complamt is not frivolous or vexatious, the Authority shall

tnvestigate the matter.

(3) Where ii appears to the Authority at any time during or after its

investigation that the supplier has not considered the complaint, or has

not considered it adequately, the Authority may refer ihe complaint to

the supplier with a request thai the supplier should consider or re-con-

sider the compi ni it

(4) l'he Authority may make representations to the supplier on

behalfof the complainant or to the complainant On behalf of the supplier as the Authority sees fit.

(5) Subject to the provisions ouihis Act, ifa complaint is not resolved

to the satisfaction ot'a complainant within sixty dzivs a 11cr the Authority

tirsi heca ne obliged lo intest igate it. the complainant may by writing

signed by him request the Authority to refer the eornplairti to a Cotntnittee

of the Attthority for decision.

34 No. 12 Thecatija Ojm,na,ications Regu fawn' AutIwhtv 2003

Añer the complaint is referred to a Committee for decision as

provided under subsection (5), the complainant and the supplier shall he

parties to the reference.

For the purposes of dealing with consumer complaints, the

Authority shall establish a dedicated unit which shall receive and

Ibllow up on complaints fiom consumers.

The unils referred to in subsection (7) shall investigate all

complaints and attempt to resolve the complaints amieably and in die

event they cannot be resolved within thirty to sixty days.. the

Committee concerned shall present its findings and recommendations to

the Authority tbr acuon.

Subject to the provisions of this section. the Authority shall in

each case make a ruling to be carried out by the Division concerned.

41.- The Authority may make an order I'roce-

dure and (a) requiring a party to supply goods or services tbr specified periods; power of

(h) requiring a party to supply goods or services Or specitied terms the

and condilions: Authority

(e) reqtlinrw a party to pay the costs of another party or oVa person

appearing at the hearing or producing documents;

dismissing a complaint;

inI1poSI ng lines:

(I) lhr speci lie performance;

for refunds:

appointing trttstees:

setting up of escrow accounts; and

U) fir such oilier relief as may he deemed necessary Or reasonable.

42.- (1) This section shall apply to anyaward of the Authority under Appeals

which a party has been ordered to mlii:

Fair

(a) to pay money in excess of an amount specified in regulations tioll under this Act: i'rihwal

No. 12 lhn:wzia ('ominunications Reguluorv .4uthoriz 2003 35

(h) to supply goods or services having a market value in excess of

an amount speciried in regulations tinder this Act;

to pay money and supply goods and services where the total

amount of the money and the value of the goods or services

exceeds an amount, orhave market value in excess ofan amount

specified in regulations under this Act.

(2) Where a party is not satistied with an award to which this section

applies he may appeal to the Fair Competition Tribunal within twenty-

one days. thereafler the award shall be placed on the Public Register.

(3) Subject to the provisions otthis Act. the grounds of appeal to the

tribunal shall be as follows that -

the award was not reasonably open to the Authority based on

the evidence:

there was an error in law;

die procedures or other statutory requirements applicable to the

Authority were not complied with and t lie non-compliance

materially a Heeled the award;

the Authority did not have power to make the award.

(4) 'IheTribunal shall, atier hearinu an appeal. do any one or more of

the tbllowing -

dismiss the appeal in whole or in part:

set aside the award in whole or in part and refer outstanding

matters to the Authority for re-ktcniunation with or without

directions as to the matters to be taken into account in the

re-d eterminat ion.

tuut'ii.is- 43. - (I) Subject to sub-section (2). where there is any inconsistency

between the provisions of tIns Act and the provisions of a sector Act. with

this Act shall prevail and the sector legislation will be read down to the sector . - legicla- extent ol the inconsistency.

'ion

(2) Where a sector Act has been passed and that Act expressly

provided that the provision of that Act will superceed or prevail over

the provision of this Act the provision of sector legislation shall prevail

and this Act shall be read down to t lie extent of the inconsistency.

36 No. 12 Thn:ania C'on:njunications Regzilworv Authority 2003

44. -( I ) A person shall riot eontrtivcrtc a proision ot'thc FairConipetition licCiuSis-

Act. 2003. or the Bureau of Standards Act. 1975 by reason only of teuieywitti

engaging in a conduct or rel'mining from engaging in a conduct permitted other law

under this Act, sector legislation or any subordinate legislalion or

Os ru mciii ti tider any oF the aforementioned Acts - -

(a) rcqtiires the persons to engage or refrain from engaging in the

conduct or conduct of that kind: or

(h) authori,es or approves ilie person engagi ig or refraining from

engaging in eund net of i hat kind.

Where the Commission is of the opinion that any conduct

required, aulilori/ed or approved by the Authority.

(a) would be in breach of the Fair Competition Act, 2003 it

sub-section (I) did not apply to the conduct: and

(h) the conduct is against the public interest, the Commission shall

report the itial ter to the Minister.

Where the Minister receives a report From the Commission under

sub-section (2), he may direct the Anthony to take necessary steps to

eistire that the conduct described by the C'omniission is not required.

authorized or approved by the Authority.

PART IX

ENrclr(crxl[Nt AND CONIILI:¼NC'F:

45.- (1) Where the Authority is satisfied that a person has committed Coni1,Ii-

or is likely to commit an offence against this Act or a sector legislation. ance

it may make a compliance order under this section.

Any person against whom a compliance order is made shall

comply with the order.

A compliance order may require a person to reFrain from conduct

which is in contravention of the provisions of this Act ora sector legislation

to take actions required to be taken in order to comply with this Act or a

sector legislation.

A compliance ordershall be made in writingsjiecit\'ing the grounds

For its ttiaktng and shall he enforceable as an order of the High Court.

No. 12 'jujzc,,zju C'rmununicaiicm. Regnlzzon' :tuthoritv 2003 37

A copy of a compliance order shall he placed on the Public Register

and a copy shall he served on the person against whom it is made.

Notwithstanding the provisions ofany law to the contrary. where

an orderora cerlihedcettiticaieisproducedorsubmitted to I light'ourt.

the order or cerl iticate shall he conclusive proof of its making by the

High Court and of the facts to which it relates.

Ucdaru- 46.- (I) Apart from other tunclions upon Which the Authority is CiOfl empowered to peribrin. it can also make declarations on -

(a) particular goods or services, or particular classes of goods or

services on and regulated goods or services for purposes of this

Act;

(h) particular persons or elaisses of persons and regulated suppliers

for the purposes of this Act;

particularacuvi tes are in or in connection with a reQulated sector;

or

varying, amending, reviewing or revoking previous declarations

made under this sect tori.

Subject to reviews or appeals under Part IV, declarations by the

Authority made tinder ihis section shall be conclusive lbr the purpose of

this Act.

Deebratious made by the Authority shall not be inconsistent with

this icC. it sector legislation or subsidiary leislat ton iiuule tinder this

Act.

Before making any declaration tinder this section, the Authority

slial I furnish the Minister with it that' or the proposed declaration, and

shall aiThrd the Minister the opportunity to consult with the Authority

and with any sector Minister about the draft declaration within twenty

days after the draft is supplied to the Minister and, if requested to do so

by the Ni mister vi tinti that twenty days lcnod.

(5) A copy ol'the declaration made underthis section shall be placed

on the Public Register.

38 No. 12 Thcania C'onzmz,niccuien,c REgn/a1o,y Author/tv 2003

47. (I) the Minister may make regulations and rules which are not Regula-

inconsistent with this Act ora sector leiiislation as he considers necessary lions and

or desirable to give cITed to the provisions oithis Act. Rules

(2) The Authority may, in consultation with the Minister make rules

with respect to -

code of conduct:

records to be kept, including the lot -ni and content of accounting

and bttsiness records, and in ioniiat ion and documents to be

supplied to the Atiilioritv by regulated suppliers:

standards ofreuulated goods and services:

terms and conditions of supply itt regulated goods and services:

(c) condtiet in connection with the production. distribution and

supply of regulated goods and services:

(0 complaint liarull ing proecdures:

rates and cluirges lbr regulated goods and services;

levies and fees payahle to the Atitliority:

the circumstances in which, and the terms and conditions on

which, a supplier or intending supplier of regulated goods or

services shall be able to gain access to licilitics owned or

controlled by another person:

U) such other matters as the Authoritvconsidcrs necessary ordesirable to give efkct to this Act.

(3) Rules made under subsection (1) shall not be inconsistent with

this Act. a sector legislation or regulations made under this Act.

(4) Any person who contravenes or thus to comply with rules made

under this section, conimitsan olIènce and is liable on conviction to a

tine olnot less than the equivalent in Tanzanian shillings of United States

dollars five hundred

48- (I) Any person who contravenes or fails to comply kk iiht a provision Offt'nccs

of this Act, commtts an offence against this Act and is liable on conviction

to a line otnot less than the equivalent in thozanian shillings of United

States dollars three ihotisztnd or imprisonment Ibr a term not less than

wel ye ittoni hs or to both such tine a rid i ntpnson inert t.

(2) A person shall Conttnit an otlénce against this Act ifhe-

No. 12 Thccz,;ia C'wnnumicuion.'c Ru'gztlusorp .4ut/,ori/s' 2003 39

aids, abets, counsels or procures:

conspires wit Ii at hers:

to commit an offence ainiinst this Act.

Any person, who suffers kiss or damage as a result ofan offence

against

is Act. may recover by compensation for such toss or damage

from the person who committed that oflènce whether or not that person

has been convicted olan olfence.

Any person. making a claim tinder sub-section (3) within Jour

years after the loss or damage is suffered or within Ibur years alter the

person becomes aware of the olkoce, whichever is the later, a claim

shall he made by way of a complaint provided for under section 40 of

this Act.

Where a person charged with an oflenee tinder this Act is 'a body

corporate. eerv person who, at the time of the commission of the of-

fence was a director, manager or nicer of the body corporate may be

charged jointly in the saute proceedings with such both' corporate and

where the body corporate is convicted of the offence. every such director,

manager or officer of the body corporate shall he deemed to he guilty of

that offence unless lie proves that the oticitec was committed without

his knowledge or that he exercised all due diligence to prevent the

commission of the offence.

For the purposes of this section. any partner of a firm shall be

jointly and severally liable for the acts or omissions of any other partner

of the same firm done or omitted to be done in the course of the lirm's

business,

For the purposes of the provisions at this section. a penalty for

non-compliance alan order of the Authority shall be a tine which shall

be equal to a civil debt.

40 No. 12 iim:ania C'ommwncotim:s Rcg11/awn' .4za/wriiv 2003

PART X

FINANCIAl PitovistoNs

49.- (I) 'the funds and sources of the Authority shall consist of- Fincic of

the

fees collected by the Authority includinu fees payable for the Auhorly

grail and renewal of licenees:

levies collected from regulated suppliers:

all the payments or property clue to the Authority in respect of

any matter inc identa I to its lit net ions: and any grams, donations, bequests or other contributions made to

the Autlioriiv.

The Authority shall by rules made under section 47 require

regulated suppliers to pay annual levies to the Authority calculated as a

percentage of the revenues of regulated suppliers ironi the supply of

regulated goods and services.

An annual levy payable under subsection (2) shall not exceed 1.5

percent ol' the gross operating revenue of regulated supplier from the

supply or reunlated izoods and senices.

The percentage ot' an annual levy payable tinder subsection (2)

may ditièr as between dfThrcni retzulated sectors but maynot be different

within i lie same reeu hued sector.

The Authority shall by rules published in the Ga:euc made under

section 47 and Public Register prescribe licence fees and other Ices to

he paid by persons in coniteehon with the procedures of the Authority.

The Authority shall disclose details of the sources of its Iimds in

the Annual Report.

The Authorily shall not accept any grant or donation from a

regulated supplier.

50. -(1) As soon as may he reasonably practical after the end ofeach SurpIu

linancial year. the Authority shall deposit to a special accouni all kinds

surplus funds of the Authority.

No. 12 fliuzanici Connniwicagitm.c Regulatw1' .1iJI/Writ) 2003 41

(2) The Authority shall use hinds from the special aceotint only for

one or more of the following purposes -

(a) consunier education or inlorinotion projects;

(h) special non-recurring projects: -

(c) budgeted capttal expenditure:

(U) major rate regulating inquiries.

(e) (raining, research and development.

Ac'unt 51.- (1) The Atithority shall keep books of accounts and maintain

and tinan- proper records ofüs operations in accordance with commercial accounting cml audil standards.

, (2) The accounts of the Ant horitv may at any time and shall, at the 33 end oleuch financial year. be audited by a person registered as an auditor 'I 1972

under the Auditors and Accountanls(1 eLtistralion) Act. 1972. appointed

by the Authority on such terms and conditions as the Authority may

delenni ne.

Peth,r- 52.-( I) The Controllerancl Auditor General shall at least otice every malice

two years and more frequentLy as he sees lit, conduct a perlorniance audit

audit by the Authority of its functions including its performance in

relation to key perionuianee intheutors.

(2) 'Ihe Controller and Auditor General may, where necessary

conduct addit ioinil Midill of the Atitlionty as requested by the Ni mister.

Annual 53.- (1) Before 3Q' September each year, the Authority shall prepare rejum an annual repoil in respect of that year up to 30° June and submit it to

the Ni mister, who shall lay it before the National Assembly.

(2) The annual report shall provide detailed information regarding

the exercise of the functions and powers of Ilte Authority during the

year to which it relates and shall i nd w Ic -

(a) a copy of the audited accounts ofihie Authority as per section 51:

(h) a eopyoflhc report of the Controller and .AuditorGeneral on the

pertorn)ance audit carried out under section 52 of the Act during

the year to which the annual report relates:

(c) such information and other material as the Authority nay be

required by this Act or the regulations to include in the annual

ltj)Ort.

42 No. 12 Thn:ania Qnnm,micatio,zs Rcgu/arorv AiUhWii' 2003

54.- (1) Before the end of each financial year. the Authority shall Budget

prepare a budget for the following tinancial year showing estimates of

its receipts and expenditure for the Following financial year.

Subject to the provision of subsection (1). the Authority shall

infornn the Minister of its budget for the following financial year by

submitting a copy to the Minister.

Where the Minister so requests, the ,\ulhority shall COTliIlliSSiOii

the Authority's auditor to assess and report on (lie extent to which the

budget represents a fiiir and reasonable pro jection of the income and

expenditure of the Authority for the relevant year.

The Authority shall deliver to the Minister a copy of any report

prepared pursuant to subsection (3) as sooti as possibleatterthe Authority

receives it.

lfthe Authorilysauditor reports that the budget does not represent a

fair and reasonable projection of income and expenditure. the Minister

shall require the Authoritvto revise the budget locorrect the deficiencies.

PART Xl

Tu,\NSRK)N,\I AND Mscti j •\NFOFS PRovIsIrncs

55.- (1) Notwithstanding the enactment and operation of this Fran.i

Act in relation to the relevant sectors. any licences and permits granted tional

prior to the commencement of this Acl in relai ion to the production. Po'i-

distribution or supply c'i regulated goods or services in the said sectors sions and

-

shall remain in operation until they are revoked, annulled or ol herwise saingc

replaced.

(2) This i\et shall not operate so as to aiThet in a prejudicial way the

rights of any person tinder a licence or permit granted prior to the

commencement of this Act or any contract entered into prior to the

commencement of this Act.

56. (I) As from the effective date, such movable and immovable ThIDSILr

property vested in the Tanzania Broadcasting Commission and the oF assets Tanzania Communication Commissions and all assets, interests, tights, iiid

privileges. I isbi lilies or ol,l igat otis of the Taniania Broadcasting li;ihitiues

Comniission and the lanzania Communications Commission shall be

transferred toand shall he vested in the Authority without furtherassurance

No. 12 12n,:a,,u, Coinmtnncauions RegIlIato?T .'lu(/ivs'it 2003 43

(2) It' any question arises as in whether any particular property, or ally particular asset interest, right. privilege, liability on obligation has been transferred to or vested in accordance with the provisions ol' subsection (I). a cernfleate under the hand of hue Minister shall be conclusive evidence that the property, asset, interest, right, privilege, liability or obligation was or was not so transfered or vested.

Coninu- 57. - (I) Where on the effective date any diseipliinirv proceedings uIion and were pending against any employee of the Janzania Broadcasting omp}c-

Commission or the Tanzania Conmitinications Commission who may non of

diciptin' join the service of the Authority, such proceedings shall he carried on Am and completed by the Authority and. where oil tIle cfketive date any 11rocccd- mailer was in the course of being heard or investigated or had been lug' heard or investigated 1w the Tan,ania Broadcasting Commission or the

I ztnzania Coinniunicat ions C'olnn)i ssion but no order or decision had been rendered, the Authority shall complete the hearing or investigation and such order. ruling or direction as it eottld have been made b the authority under which the proceedings or matter were or was vested before the elTectivc date.

Any order, rulilig. or finding made or given in relation to any proeecclmgs or investigation pursuant in subseehion (I), shall be treated as an order, ruling or linditig olilte ,\titlioritv and have the same force or effect as if It had been made or given by the l'anzania Broadeasi ing Commissiott or the 'hitizanja Coniniunicat ions Coinrni ssion before the elThetive (late.

For purposes of sections 56,57 and 58. the effective date shall be the date designated as such by the Minister.

ltigbR of 58. -( I ) ('he service of any employee or staff of the former ianzania employ. Communications Conunission and the 'lhnzaiva l3rnadcasting Commission ms shall he deemed to be continuous with the Authority.

(2) As soott as practicable but in any ease not later than three years from coining into operation oft his Act. the Authority shah I comply with the provisions of section 14 ol' this Act in respect of employees who have been absorbed by the Authority.

44 No. 12 Tanzania co,n,,wnicatio,zs 1&'gis/atorv AutJzurüt' 2003

Where anvemployce orstalioftlie lornler lanzania Comniunicalions

C:orumission and the lanz.ania Broadeasung CoinTnission is not absorbed

by the Authority, he may he transferred to any oilier Ministry or public

institution, and his service shall he deemed to he continuous and jibe

was a member of any statutory, voluntary pension or any other

superannuation scheme. such employee shall continue to be governed

by the same laws and regulations governing such scheme and the

employer shall contribute to such scheme accordingly.

The terms and conditions of employment of any employee or

stall irorn the former Tanzania Communications Commission and the

fhnzania Broadcasting Commission who joinS the Authority through

the competil ive recruitment process established by the Authority in

compliance with the provisions oi subsection (6) of section 14 ni this

Act. shall not he less favourable than those enjoyed by that employee

immediately prior to the date on which lie joined the sentice of the

Authority.

An employee or stalT of the flrmer Tanzania Communications

Commission and the Tanzania BroadeastingCommission whose service

does not continue with the Authority or is not transferred to any oilier

Ministry or public institution and where such employee or sW (.1 is a

utember of any statutory, voluntary penisioii or other superannuation

benelits scheme prior to such termination. such employee or staff shall

be paid tenninal benefits in accordance with the laws and regulations

governing such scheme iTnmnediatelv helore such termination,

Where an employee or stalT whose service with the linzania

(onununications Commission and 'iinzania Broadcasting Commission

is deemed to he continuous under subsections (I) and (3) isa tnetnher of

any statutory, voluntary pension or any other superatinuation scheme,

such employee shall continue to he governed by the same laws and regu-

lations governing such sehemeand the Authority shall contribute to such

scheme accordingly.

Subject to subsections (1). (2) and (3), nothing in this secliori

shall operate so as to create an entitlement for any employees or stalTof

the fornier Tanzania Communications Commissiont and the Tanzania

Broadcasting Commission to become employees or staliofihe Authority.

No. 12 7,,,zania Cop;v?zzl,ricatio,,.c Regielatmv .tuthorkv 2003 45

PARt' XII

CONSLc,''t;NJ im. AMltc'IM.1i:Nl5

AMrXDMEN[S OF THE

TANZ,\XIA COMMUN(CAFIONS ACt 1993

Construe- 59. TheTan?ania Cornmunjcat ions Act. 1993. hereinafter referred to tion as "the principal Ad" is amended. Act No. I Il of 14)1)3

Amend- 60. The principal Act is amended by deleting the tong title and I IIe:ii ''I substituting for it the fbi lowing: the Iom& title

"An Act to provitie or the regu hit ion of postal and telecommuni

callous services by the tanzania Communications Reeulatory

Authority".

Auiend' 61. Section 2(1) of the principal Act is amended by:

iIInt

adding the tbllowitig deFinitions in theirappropriatealphahetical section 2 posit tons:

"Authoj'itv" means the Tanzania Coniritunications Regulatory

Authority also known by its acronym

No. 12 of "TCRV'csiablishcd by the 'tanzania Communications Regulatory 2(1(13 Authorit y Act. 2003:

by deleting the definitions ol the words 'C hairinan', "Director

General". and "Minister'' and stibstituting for them the following:

"Cliainnart" has flue same meaning as ascribed to it tinder section 3 ol

ilic lanzama Communtcations Regulatory Authority Act. 2003:

"DirectorGeneral' has the same meaning as ascribed toil under section

3 of the Tan,.ania Conimtinical ions Regu latoty Authority Act, 2003;

"Auchoriiy" has the same meaning as ascribed to it under section 3 of

the 'flmzania Communications Regulatory Authority Act. 2003:

"Minister" has the same meanirigas ascribed to it under section 3 of the

Tanzania Conimunicatkms Reeulatorv Authority Act, 2003:

(e) by deleting the word "Commission" wherever it appears in the

principal Act and substituting for it the word "Authority".

46 No. 12 Tanzania Cwnmunications Regulatory .1ui/zorztv 2003

Section 3 of the principal Act is repealed. Repeal of cciion 3

Section 4 of the principal Act is repealed. Repeat oI ecI ion 4

Section 8 of the principal Act is repealed. Repeal Of Section H

Section 10 ofthc principal Act is amended by deleting the phrase Repeal of

"the Tanzania Broadcasting Commission and" appearing in the second SccIii)fl

and third lines of subsection (3) and substituting for it the phrase'Zan- 10

zibar Broadcasting Commission

Section IOA oithc principal Act is repealed. Repeal of Section

OA

Section 22 ot'theprincipal Act is amended by repealingsubsection (3). ReaI of

section 22

Part VII of the principal Act is hereby repealed. Repeal (I?

Part V I I

The First and Third Schedules to the principal Act are repealed. Repeat of F rst Schcdulc

AMENDMENT OF' TI-Lb

BROADCAS1ING SERVICES ACT, 1993

The Broadcasting Services Act, 1993, hereinafter referred to as Couinic-

"the principal Act" is autende(l. turn Act

6 of 19')3

The principal Act is amended by deleting the long title and Amend:

suhst itul i nit Ibr it the follow i rig: mciii of

the long

"An Act to provide for the regulation of broadcasting and title

other related matters by the Tanzania Communications Rcgulatoiy

Authority".

Section 2 of the principal Act is amended by: Anejid- 'lie''!

0I •

ceclioli 2

No. 12 i2mzw'ia Comnzuninthon.s Rcgukmunj' chulwrin' 2003 47

adding the following detinition in its appropriate alphabetical

positions:

"ALtthoriIv" means the Tanzania Communications Regulatory

Authority also known by its acronym

Act "'ItRA" established by thelhnzania Communications Regulatory

Nt' 12 Anthony Act. 2003:

r'oo; bydeleting the definition of the wOTLL"Minister"and substituting

Ibr it the lollow mu:

"Minister" has the same meaning as ascribed toil tinder seclion

3 ofihe tanzania Coniniunicalions Regulaton' AuthontyAct. 2003;

by deleting the word "Conintissiori" wherever it appears in the

principal Act and substituting for it I he word ''Authorit"

A!ncnd. 73. Scelion 3(3) of the pnnempal Act is ametided by deleting the fliCfli of cord Minister" and substitutimz for it the word "Aulhority'. Section 3

Reveal of 74. SectionS of file principal Act is repealed. $CClOfl $

Rcpcat of 75. Section 8 ot'the principal .Act is repealed. section S

lteptsI of 76. Part V of the principal Act is repealed. Part V

RqXMI of 77. the Schedule to the principal .Act is repealed. ilit- Sc I, ccli, ic

I * till IAW.A\IA PUS is

ColuoRArkr'i Act. 1993

Constrn- 78. TlieTanzania Posts Corporation Act. 1993 hereinafter referred to etion Ad its "the priticipal Ac(' is amended. No. lOol

Anicuti- 79. The pri tctpal Act is amended in seclioti 2(1 ''lent of ('t) by deleliiio the detinition of the word "Cornrnissiciri" and SCcIi,,n 2

stibstitutinu for it in its alphabetical order the following:

"Authority" means the Tauzartia Conmmnications Regula-

tory Auihormty Act. 2003" Act (b) by replacing, the word "Coniniission' wherever it appears in N. loi the principal Act with the word 'Authority" 21)1)3

48 No. 12 7?,n:ania Ccin,,nr,nica;io,,s Regu/a:ort' .4uthoi-itv 2003

80. 1'he principal Act is amended in section 7 by deleting the second Aurrenil-

figure (2) appearing at paize 234 and ubsticuting for it the fwure (3). OUCh 1)1

seetiuwi 7

SCHEDULE

(%!ad' unck'r xt:ctjoI? 7(7)

THE BOARD OF DIRECIORS OF JUL A( II lORlY

I .-( I) The Board of Directors of the Authorit shall cOnsist Ot- (c'inpo- -

(a) a Chairman and if Vice Cia innan who shat I be non-execut Re: SI Oil of

(h) thur ion-executive members: and Clic -

(c) the Direcior-General appointed under section 13. Boad

2) In ir i ,os rig names t I per' ,ns fi ,r appoinnount as Chairman. Vi cc- Ch a rrnan and i netnl,ers c'Iihe I l an I, the N H flO It ii in Corn' nil tee, the President and the NI in' sier

Ii all c -ac Ii have regard Co a [point persons who-

(a) are gradu.r(es of a recognized Lniversity:

(h) have :,c lea-.l teu years experience in one or more of management, law.

ecrinorn cs, fluance, engineering, broadcasting or inforination and cOlhliTltIfliCiil(hils iechriolog-v:

Ira' e kniowkdge nI iiinlustrv;

hine -ausIictl lite ('isilutiiiee that they ire unlikely to have it conflict of

iniel -est under section II;

(ci are i It ii g to st-rye a- i neinbers; - i nd

(I) arc. in ike ilpiruon ot the Coiiimittce, otherwise s,ntahle to perForm the

lund ions and dutie-i of a meniher conipt-tc-nnly and honestly

2.- (I) Ike First ('Itairin-ann. Vice-Clairnian and tncn,her" of lite Board shall he Tenure of appointed for the following tixed terms: appoint-

(a) a Cliainuan thur Years: Invul

(h) a Vice-Cli-ainnan three years; and

(c) two other nienibers tie years.

Members, including the ('hainnan, and Vice Chairman shall each be eligible thr re-appointment for one further successive teiin but shall not orhenvise he eligible for

re-appointment.

Any member. inavat any time resign by gi vi rig not ice in riti rig to tI le'ippt Ii III Iii Clii

authority and From the date specitied in the notice or it' '0 date is so specitksl, froni lite

do e of recet N oft Ic notice by the appi i nit Dent a u I Ii on iv, he skill cease to be a member

No. 12 fizuzaizia Coni,,:unk'unon.v Regulatory Authority 2003 49

Secretary 3.- (I) lilt Board shall appoint a lawyer of not lesc ilian ten years experience to be

he Secretaiy of the Board.

(2) Ihe Seeretaty of the Board may lake pan in prt'ceeilitigs ot'the Board but shall

have no vote.

Meetings 4.-( I) Ike Board shall meet at least lout tmes yearly at such dates. pinecsand times

olihe as it deems necessary for the transaction of its business and it shall convene special

Board meeting upon request by the maiontv of members.

An ordirtan meeting of the Board shall he cittuveuted by the Chairnmn and the

not ice spec i &i ng the p1 ice. d.0 te atid time oi I he i nect i ng shall be sent to cach 'nem ber iii

his usual place ot business or residence viii less than tell days beü,rc the (lIIe of the meeting and where thue('huainn;uui isuuiahle to act by reason oiiilness or other cause or is

absent trorn ihe I luited Republic, the Vice-Chairman may convene the meeting.

The (liairmnaui or, in his absence. the Vicc-Ckainmin. inay oti his ouu motion,

aml shall, ii' requested in m6fing in that behalf hit leasi half the nuelIul,eN, convene a

SL'Cldl niti ing ofilic Board.

Ilie Hoard may invite any person who is not a member lo parlicipate in the

deliheratiotis oithe Board. but any person so invited shall h:l.e no vote at the meeting.

hue Board may act notwithstanding any vacancy in s tnetnlwtslnl).

5. The quilrum at any nteeting ot' the Board shall be half oF the ,tiembers.

\ittutes 6. Minutes in proper l'orni of each meeting of the Board slu:ill be kept and shall be

of the eontinned by the Board at its next meeting.

meetings

Official 7.. (I) 'Ike official sea1 of the Authority shall be olsuch shape, sizeand fonn as the

seal olihe Board may determine.

.Atuthurity (2) The official seal of the Authority shall not be al)hed to any instninient or docu-

ment except in the presence of the Secretary or such other employee of the Authority a

the Board may aptx.i n t in I hat belu:, Ii:

Exam na- S. All teals. doc tutu eats, ru I tigs, declaration or other otli cia I inst rum tuent requir.

lion nI ing thcsctl of he Auiluonty shall besealed with the official seal of the AnIht,rity in the

docu- presenecofanv tc,oiuiccrx oldie Authority dully authorized by the Authority to act in

nients thai behalf and shall he signed by those otliecrs-

(2) The Auihc,ritv may by resolutions or otherwise appctini atm ottucer or employee of

he Commnission or any other agent. either generally or in a particular ease, to execute or

sign on behalf cii ihe Auihority any agreement or other instrutncttt ilol under seal in

relation to any inzuitcr coating within the powers of the Commission,

50 No. 12 Tan:ania Communications Regulatory Authoriiv 2003

9. No act or pmcccdi ig of the Board shul I he imalid by reason of any defect or n'rcgulantv in the 3ppoinunent of any nteunber or by reason that any person who pur-

poned bona thk to act as a member at the thne oithe act or proceedings. was in fact disqualiticd or not cntitkd to act as a member.

JO. Wuere any member absents hinisc)f from three consecutive ntcetings of the Boani wi I h ut cu Ilicienc cause, I he Board shall tdvi se the a P1)01 ntin g no I hon ty ofthe fact and the appoinintent authority may tenttin:nc the appointment of the ineinber and appoint anot icr Ii ten 'her in I' is place.

It. Subject to ibis Act, the Board shalt have po"cr to reulaIe its o'n procedure in

relation to its meetings and the transaction of its business.

Passed in the National Assembly on the gh Aj, 'I, 2003

Clerk of ti Na aol .4sseinbly

Proceed.

ings not invali-

dated by irregular-

ity

Absence ir liii

Ii ret consecu-

tive

meeting

Board

may

rcttulatc its ovri prtece'

dings

Piintcd by the Govcmrneni Prinict. Dares Sataarn'Tan,ania