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LICENSE FOR NATIONAL PUBLIC SERVICE PROVIDER (NPSP) IN THE
REPUBLIC OF UGANDA
18th May 2020
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THE REPUBLIC OF UGANDA
THE NATIONAL PUBLIC SERVICE PROVIDER LICENCE AGREEMENT
(Under Part IV, Part VII & IX of the Uganda Communications Act, 2013)
LICENCE NO.: UCC/NPSP/……
This Licence Agreement is made on the ____________ day of ______________ 2020
and is entered into by and between the UGANDA COMMUNICATIONS
COMMISSION, a body corporate established under the provisions of the Uganda
Communications Act 2013, of P. O. Box 7376 Kampala (hereinafter called the
LICENSOR which expression shall unless repugnant to the context, include its
successors in business, administrators, liquidators and assignees or legal
representatives) of the ONE PART.
AND
M/s ………………………………………………, a limited liability company, duly
incorporated/registered under the Companies Act, 2012, of P. O. Box………. and
having its registered office at Plot……………………………………… (hereinafter
called the LICENSEE, which expression shall unless repugnant to the context,
include its successors in business, administrators, liquidators and assignees or
legal representatives) of the OTHER PART.
PREAMBLE
WHEREAS the Licensor is empowered under Sections 5, 22 and 39 of the
Uganda Communications Act, 2013 to monitor, License, inspect, supervise,
control and regulate communication services; and
WHEREAS the Licensor is empowered under Section 38 of the Uganda
Communications Act, 2013 to grant a License upon terms and conditions that
reflect the prevailing circumstances of the communications sector in Uganda;
and
WHEREAS the Licensee has, pursuant to Section 38 of the Uganda
Communications Act, 2013 applied for a National Public Service Provider
Licence; and
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WHEREAS the Licensor has, pursuant to Section 5 and 38 of the Uganda
Communications Act 2013, agreed to grant a National Public Service Provider
License on the terms and conditions contained in this Agreement (hereinafter
referred to as ‘THE LICENCE’)
This License takes precedence over any License existing between the parties
prior to its execution.
NOW THIS AGREEMENT WITNESSETH AS FOLLOWS:
ARTICLE 1: DEFINITIONS
In this Agreement, all technical terms will have the same meaning as that
assigned to them in Schedule A and Section 2 of the Uganda Communications Act,
2013 (herein after referred to as the ‘Act’).
ARTICLE 2:
SCOPE OF THE LICENCE
2.1 Subject to the terms and conditions of this Licence, the Licensee is
authorised to render Voice and Data services and/or Capacity resale
services using infrastructure services of any Licensed Public
Infrastructure Provider or National Telecommunication Operator, within
the NATIONAL geographical boundaries of the Republic of Uganda as
specified in Schedule B of this licence.
2.2 The provision of services shall at a minimum be in accordance with the Licensee’s approved Business plan and Technical plan as Annexed in Schedules D and E respectively and shall be in accordance with the laws
of Uganda and the national objectives. 2.3 Any rendering of the services described in this Licence, outside the
territory of the Republic of Uganda, must be done after acquiring the
relevant permissions and authorisation from the countries involved.
ARTICLE 3:
GRANT OF THE LICENCE
3.1 In consideration of the commitment to observe the terms and conditions
contained herein as well as payment of the license fees payable in
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accordance with Schedule C, and due performance of the terms and
conditions on the part of the Licensee, the Licensor hereby grants on a
non-exclusive basis, a Licence to provide voice and data and/or Capacity
resale services throughout the Licence term.
3.2 The Licensee shall not discontinue any services established under this
License or cease operations, in any area within the licensed territory,
without the prior approval of the Licensor. The Licensee shall seek the
approval of the licensor at least sixty (60) days prior to the planned
termination of service. In respect of cessation of operation, such approval
shall be sought by the licensee at least twelve (12) months before the
actual date of cessation of operations. The Licensee shall ensure that the
modalities of continuity of services to customers, operators and other
authorized service providers, and the disengagement or discontinuation of
services have been extensively discussed and agreed upon with the
Licensor before such discontinuation or cessation.
3.3 Subject to the terms and conditions of this License, the Licensee is hereby
authorized to render communications services within the national
boundaries of the Republic of Uganda and between points within the
Republic of Uganda.
3.4 Unless otherwise stated, all the schedules annexed hereto will form part
and parcel of this Agreement, PROVIDED ALWAYS that whenever there
shall be any conflict between the provisions in the main body of the
agreement and the schedules, the terms set out in the main License
Agreement shall prevail over what is contained in the schedules.
ARTICLE 4:
FEES
4.1 License Fees
In consideration for the grant of the License, the Licensee shall pay to the
Licensor an annual License Term fees in the sum of USD 86,030(United
States Dollars Eighty Six Thousand and Thirty Only) or 0.89% of the
Licensee’s Audited Gross Annual Revenue whichever is higher as
prescribed in Schedule C of the License.
4.2 Fees for resources
The Licensee shall pay to the Licensor the charges and fees in respect of
all resources assigned and associated services rendered by the Licensor in
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accordance with prevailing Laws, Regulations, Directives and Guidelines issued by the Licensor from time to time.
4.3 Levy on Gross Annual Revenue
The Licensee shall pay annually a percentage of its gross annual revenues
to the Licensor as shall be determined by the Licensor in accordance with
the law. The gross annual revenue shall include all revenues earned by
the Licensee during each year of operation in Uganda.
ARTICLE 5:
COMMENCEMENT OF PROVISION OF SERVICES
5.1 The Licensee shall ensure that the installation of the necessary systems
and the provision of services to the public commences within twelve (12)
months from the date of execution of this Licence Agreement.
5.2 Within sixty (60) days of signing this Licence Agreement, the Licensee shall
submit to the Licensor an Implementation Plan for the realisation of the
Licensee's plans as set out in the Licensee's Technical Plan attached hereto
and marked as Schedule D.
5.3 Unless good cause is shown, non-commencement of Service provision
within Twelve (12) months of signing this Licence Agreement shall
automatically lead to cancellation of this License.
ARTICLE 6:
CONDITIONS FOR EFFECTIVENESS OF THIS LICENCE
6.1 Payment of annual Licence fees
Prior to the issuance of the Licence, the Licensee shall pay the annual
Licence fees in an amount specified in Schedule C.
6.2 Accuracy of Representations and Warranties
Prior to the issuance of the Licence, the Licensee shall have submitted a
Certificate of Accuracy to the Licensor, signed by a duly authorised
representative of the Licensee, certifying that all representations made by
the Licensee are true and correct. This shall be in the form specified in
schedule F.
6.3 Corporate Documents
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The Licensee shall submit to the Licensor certified copies of the Company’s
Memorandum and Articles of Association and the latest annual returns of
the Licensee as at the time of signing of this License Agreement, and a
Resolution of the Licensee’s Board of Directors confirming acceptance of
the terms and conditions of the License.
ARTICLE 7:
LICENCE TERM AND OBLIGATION TO OBTAIN ANNUAL COMPLIANCE
CERTIFICATE
7.1 The Licensor hereby grants a Licence to the Licensee for the provision of
the aforesaid services for a period of five (5) years commencing from the
date of this agreement.
7.2 Notwithstanding Article 7 (1) above, the Licensee shall, during the term
of its License, be required to apply for a Compliance Certificate from the
Licensor for each year of operation. The Licensor shall only issue the
Annual Compliance Certificate to the Licensee upon being fully compliant
with all its Licence obligations, including payment of all the fees due to the
Licensor as specified in Schedule C to this agreement.
7.3 The Licensee shall apply for the Annual Compliance Certificate at least two
(2) months before the anniversary of its License. The application shall be
in a form to be prescribed by the Licensor and the same shall be
accompanied by all the requisite reports showing the extent to which the
Licensee has complied with the terms and conditions of the Licence during
the ending year of operation.
7.4 Failure by the Licensee to apply for and obtain the Annual Compliance
Certificate shall, ipso facto automatically be proof of breach of the License
conditions; the Licensor shall, in accordance with Section 41 of the Act
be entitled to commence proceedings for the revocation of this License.
7.5 The Annual Compliance Certificate shall always be conspicuously
displayed at the Licensee’s business premises.
ARTICLE 8:
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OBLIGATIONS OF THE LICENSEE
8.1 Universal Service Obligations
The Licensee shall abide by all universal service obligations stipulated by
the Licensor in accordance with the Act and Regulations.
8.2 Network Coverage Obligations
8.2.1 In establishing and providing the licensed services, the Licensee’s network
must cover at least 90% of the geographical coverage of Uganda.
8.2.2 The Licensee shall submit to the Licensor a detailed status report on the
progress in realizing the above coverage obligation. This report shall be
due bi-annually starting six (6) months after the grant of this License or
such other date as may be prescribed by the Licensor.
8.2.3 Upon fulfilment of the coverage obligations, the Licensee shall submit a
declaration of completion which shall be accompanied by detailed network
plans and supporting data, including but not limited to, statistics and
calculations showing the fulfilment of the respective coverage obligation in
the particular area(s).
8.2.4 The Licensor may at any time conduct independent audit or verification of
the fulfilment of the relevant coverage obligations, and take appropriate
regulatory action.
8.3 Non-Discrimination
8.3.1 In accordance with the Uganda Communications Act 2013, the Licensee shall not deny access for Licensed services to any subscriber except for nonpayment of fees or for any other just cause.
8.3.2 Notwithstanding 8.3.1 above, the Licensee shall notify the Licensor of its
intention to deny service to any customer, for whatever reason, including non-payment of fees, at least 15 (fifteen) days prior to the implementation of such a decision.
8.4 Provision of Continuous services
The Licensee is obliged, save as provided under Article 8.5 below, to provide continuous services within the National boundaries of the
Republic of Uganda throughout the License Term. 8.5 Interruption of operations
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8.5.1 Prior Notification.
Except in cases set forth in subparagraph (c) below, the Licensee may not interrupt the operations of the Telecommunication System or any portion thereof in the normal course of business, nor may it in the normal course
of business suspend the provision of any Licensed service without prior notice to the Licensor. Such notice shall be in writing and shall be given
to the Licensor fourteen (14) days prior to the said interruption, and forty-eight (48) hours prior to the affected customer(s).
8.5.2 Emergency interruption. The requirements in subparagraph (a) shall not apply if the interruption or suspension are due to an emergency or force majeure under Article 19
or other circumstances beyond the Licensee’s control.
8.5.3 Routine maintenance of Services. The Licensee shall give forty-eight (48) hours’ notice to the affected public of scheduled routine maintenance on the Network which results in
disruption of service exceeding 30 (thirty) minutes. All routine maintenance on the system resulting in service disruptions shall be
performed between the hours of 0200 Hours and 0500 Hours.
8.6 Obligations during cases of Emergency and Disasters
8.6.1 Emergencies related to Natural Disasters
In case of a situation of emergency, local or national crisis such as
earthquakes, floods and similar events which require special attention on the part of the Licensee, or in the event of an emergency related to National
disasters, the Licensee shall provide services giving priority to support activities required to overcome the emergency. For this purpose, the Licensee shall coordinate with and follow the instructions of the Licensor
in accordance with Section 86 of the Uganda Communications Act, 2013 and the relevant Regulations.
The Licensee shall submit to the Licensor its plan for the procedures and operations it will follow in the event of any such emergency and shall
update such plan upon request from the Licensor.
8.6.2 Emergency related to National Security
In case of emergency or crisis related to National Security, the Licensee shall coordinate with the competent entity indicated by the Licensor and provide the necessary services with instructions of the Licensor or the
competent entity thereby indicated in accordance with Section 86 of the Act.
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8.6.3 Business Continuity and Disaster Recovery Plan
a) The Licensee shall submit to the Licensor a Business Continuity and
Recovery Plan which contains information intended to guide the
Licensee during natural and manmade disasters that may impact the Licensee’s ability to conduct normal operations. The Plan shall include the processes and procedures the Licensee must implement
to ensure that critical functions can continue during and after the disaster, including but not limited to data access protection and
controls, emergency contact details and secondary disaster recovery sites.
b) Where the Licensee makes any change to its plan, it shall within 7(seven) days provide the Licensor with the updated plan.
c) The Licensor reserves the right to require the Licensee to include
additional steps, measures or precautions as part of the Licensee’s
plan as deemed reasonably necessary, during approval or implementation of the plan.
8.7 Service Technology, Equipment Interface and Type Approval
8.7.1 The Licensee shall ensure that any equipment, apparatus or devices
manufactured, supplied, imported, distributed, sold, offered for sale by or
for the Licensee (whether in return for payment or free of charge), are type
approved by the Licensor in conformity with the Act, Regulations,
guidelines, applicable international standards adopted by the Licensor
and standards issued under the Act.
8.7.2 The equipment, apparatus or devices shall conform to the technical
specifications and standards issued by the Licensor, the respective
International Telecommunications Union standards and any such other
internationally recognized standards for such equipment or devices.
8.7.3 The Licensor may require the Licensee to modify its systems /and or
operations to ensure that the equipment or facilities intended for use with
or in connection with existing telecommunications networks in Uganda,
meet the relevant standards.
8.8 Quality of Service
8.8.1 The Licensee shall ensure that its services meet the Licensor’s Quality of Service standards as specified in Schedule G and other standards as the
Licensor shall determine from time to time. The Licensor reserves the right
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to inspect the Licensee’s premises and facilities to ensure that the Licensee’s services meet the required standards.
8.8.2 The Licensee shall periodically submit to the Licensor, records and
statistics relating to the quality of service as shall be determined by the
Licensor.
8.8.3 In the event that the Licensee performs in a manner that significantly disrupts the use of the services, or repeatedly fails to fulfil the Quality of Service performance obligations under this License, the Licensor may
impose sanctions, including but not limited to, fines or penalties, and requirement for compensation of affected person(s).
8.9 Health, Safety and Environment
8.9.1 The licensee shall comply with all the Laws, Regulations, Guidelines and
Standards issued by the Government of Uganda on health, safety and environmental protection.
8.9.2 The Licensee shall take necessary measures to reduce Green House Gases
(GHG), pollutants and electronic waste in respect of its systems and
apparatus. The Licensee shall, annually upon the anniversary of the License, submit to the Licensor a report on its activities with respect to the
following; i. Documentation and management of end of life of electrical
and electronic equipment, electronic waste and hazardous
materials. ii. Reduction of carbon emissions arising from the Licensee’s
activities.
iii. Use of renewable energy resources. iv. Preservation and restoration of the environment after civil
works. 8.9.3 The Licensee shall ensure that its telecommunications systems,
equipment, devices and operations comply with the radio emissions
standards and safety limits prescribed by the International Telecommunications Union and the International Commission for non-ionizing Radiation Protection (ICNIRP) limits and standards.
8.9.4 The Licensor reserves the right to conduct audits and inspections to verify
compliance and information submitted to the Licensor in respect of the above.
8.10 Customer service
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8.10. 1 Master Service Agreement
(a) The Licensee shall submit to the Licensor for its record the form of service Agreement (the "Master Service Agreement") containing the terms and
conditions for the provision of the Licensed Services uniformly to existing and prospective Subscribers and Customers. Any changes to the Master
Services Agreement shall require the Licensor’s approval prior to implementation.
(b) Within thirty (30) Working Days of receipt of the proposed change to the Master Service Agreement, the Licensor shall either;
(i) approve such agreement, in the event the Licensor has
determined that such Agreement adequately protects the interests of the Subscriber, or
(ii) notify the Licensee that the Licensor disapproves of such
agreement.
(c) The Licensor shall not unreasonably withhold its approval of the Master
Service Agreement. In the event that the Licensor disapproves of the Master Service Agreement, the notice of disapproval shall include the
reasons for the decision and make specific recommendations for change. Within thirty (30) Working Days of receipt of the Licensor's notice of disapproval, the Licensee shall submit a revised Master Service Agreement
incorporating the Licensor's specific recommendations.
8.10.2 Consumer Complaints Handling Mechanisms
(a) The Licensee shall be required to submit for approval its proposed Consumer Complaints Handling framework compiled based on the guidelines contained in Schedule H. The Licensee shall submit the
framework for approval within sixty (60) days of grant of this License.
(b) The Licensee shall maintain a database of all consumer complaints received and handled.
(c) The Licensor reserves the right to review the database as and when required.
(d) The Licensee shall submit to the Licensor a quarterly report
summarizing the status of all recorded complaints. The Licensor may, for purposes of achieving any regulatory objective, require the Licensee
to provide this report as and when needed.
8.11 Protection of other Licensees’ Facilities
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8.11.1 The Licensee shall ensure that its equipment, facilities or systems do not damage, interfere or in any way harm the installations, facilities or
operations of other Licensees.
8.11.2 Where any damage, harm or interference occurs, the Licensee shall
immediately switch off or take such other remedial action in respect of the offending equipment, facilities or operations and inform the Licensor and
the affected operator(s) as a matter of urgency.
8.11.3 Where, as a result of the Licensee’s actions, the Licensor finds that another Licensee suffered loss or damage, the Licensor may require the Licensee to bear the cost of investigation by the Licensor and the cost for
remedying the damage, interference or harm occasioned.
8.12 Public Obligation
8.12.1 The Licensee shall comply with the National security and other
requirements as directed by the Licensor from time to time and any other
national security requirements under the Laws of Uganda.
8.12.2 The Licensee shall take all reasonable steps to ensure that its
telecommunications network, systems and facilities are not used in, or in
relation to, the commission of offences against the Laws of Uganda.
8.12.3 The Licensee shall in accordance with the Laws of Uganda, give the
Licensor and other respective authorities of the Government of the
Republic of Uganda such help as is reasonably necessary within the
statutory mandate of the requesting authority.
8.12.4 The Licensee shall comply with the Act, the Regulations made under the
Act, Standards, Directives and Guidelines issued by the Licensor in public
interest including but not limited to, national development, consumer
protection, environmental protection, disaster relief services, and security
of persons and infrastructure.
8.13 Record Keeping and Reporting Requirements
8.13.1 Submission of operational reports
The Licensee shall submit to the Licensor, reports relating to the operation of its network in a format contained in Schedule I This
schedule shall be revised from time to time by the Licensor.
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8.13.2 Keeping Records
a) The Licensee shall establish and maintain adequate records, as may from time to time be specified by the Licensor, to permit the effective
monitoring and enforcement of the terms and conditions of this License.
b) Subject to applicable Laws, the Licensee shall ensure that all records are stored for a minimum of five (5) years. The Licensee may store
such records that are older than twelve months in electronic format. c) For purposes of this Article, the records expected to be maintained
and stored by the Licensee shall include all transaction records including Know Your Customer (KYC) records, call data records,
mobile money transaction records and financial records.
8.13.3 Request for reports.
The Licensor shall have the right to request the Licensee to submit periodic reports, statistics and other data as well as request additional
information with a view to supervise and enforce effectively the terms and conditions of this License.
8.13.4 Reports
a) Annual Financial Reports
Within ninety (90) days after the end of each fiscal year, the Licensee
shall deliver to the Licensor its Financial statements including its profit and loss account, year-end balance sheet and the related
statements of operation, equity and cash flows of the Licensee in each case accompanied by a report thereon of independent public accountants stating that such financial statements fairly represent
a true and fair view of the financial position of the Licensee at the dates indicated and were prepared in accordance with International Financial Reporting Standards.
b) Monthly Operations Report.
The Licensee shall submit monthly operations reports to the Licensor in the form prescribed in Schedule J.
8.14 Data protection and confidentiality
8.14.1The Licensee shall ensure and maintain the confidentiality of all
Communications that it may obtain in the course of providing a service to a customer or interconnecting to a public network or in the execution of
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its business. The Communications shall be treated in confidence and shall not be divulged or disclosed to any third party save as may be permitted
by Law.
8.14.2 The Licensee shall ensure that all data collected in Uganda is stored
within the geographical boundaries of Uganda. The Licensee may duplicate the data elsewhere.
8.14.3 The Licensee shall, not later than sixty (60) working days after the
Effective Date of this License Agreement, submit for the Licensor’s
approval a Privacy and Data Protection Policy containing measures put in place to ensure confidentiality and protection of data according to the law, international standards and best practice.
8.14.4 The Licensor reserves the right to direct the Licensee to revise the approved Privacy and Data Protection Policy in accordance with any amendments to the Law on Privacy and Data Protection in Uganda.
8.14.5 Non-compliance by the Licensee with the approved Privacy and Data
Protection Policy and Licensor’s directive in (c) above shall be a serious breach of the License terms and the Licensor may subject the Licensee to
any appropriate regulatory sanctions under the law.
ARTICLE 9:
INTERCONNECTION AND ACCESS
9.1 Interconnection, Access and Wholesale Services
9.1.1 Interconnection
a) The Licensee shall apply interconnection as prescribed by the Licensor in accordance with section 58 of the Act and the Regulations made thereunder.
b) The Licensee shall ensure utmost good faith in all interconnection
and access negotiations.
c) The Licensee shall interconnect its system(s) and facilities with
national, public or private telecommunication systems or other Licensed operator(s) to deliver locally originated traffic through interconnection agreements, which shall be approved by the
Licensor. The Licensee shall ensure that all its interconnection systems meet all requirements and standards set by the Licensor
from time to time.
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d) The Licensor reserves the right to impose a reference
interconnection agreement/terms for purposes of achieving specific regulatory objectives and policies.
e) The Licensee shall abide by the provisions of the Act, the Regulations, Guidelines and Standards with respect to
interconnection and access services.
9.1.2 Access
a) The Licensee shall grant access to its systems and facilities to Licensed operators and authorised service providers under the agreed technical and commercial terms and conditions. All access
agreements shall be in writing and shall be approved by the Licensor.
b) Notwithstanding Article 9.1.2 (a) above, the Licensor may require the
Licensee to grant access to any authorised government agency
mandated to access communications services.
c) In this Article, access shall include the provision by the Licensee of
any systems, services, or arrangements through which another operator or authorised service provider is able to directly or
indirectly make use of:
i. any network resource(s) or service(s) provided by the operator;
or ii. any facilities comprised in the provision of services.
c) The Licensor reserves the right to impose a reference access agreement/terms for purposes of achieving specific regulatory
objectives and policies. d) The Licensee may decline to offer access services only where the
Licensee demonstrates to the Licensor that its existing network
resources or facilities are inadequate for the provision of services
sought to be provided by the access seeker through the Licensee’s
network or system.
e) The Licensee shall complete negotiations and execute an access
Agreement for the provision of access services within 30 (thirty) days
of the receipt of a request from the access seeker. The Licensee shall
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ensure that the access seeker is given access to its network within
30 (thirty) days after the execution of the access agreement.
f) Where the Licensee and an access seeker fail to reach a mutual
Agreement within the specified period in (e) above, the Licensor may
receive and investigate any complaint(s) referred to the Licensor
arising out of the said matter and make a decision thereon in
accordance with the Act and Regulations.
g) The terms and conditions on the access services Agreement shall
provide for the following:
i. Rights, duties and responsibilities of the contracting parties
which are clear and reasonable;
ii. Technical details regarding the telecommunication network or
services to be used in the operations;
iii. Standards and quality of access services;
iv. Utilization, maintenance or measures on information
protection for a fair provision and receipt of access services;
v. Provisions which do not directly or indirectly force either
contracting party to unfairly restrict his or her services or to
limit his or her discretion to obtain, give or receive services from
any other parties;
vi. Provisions which do not monopolize, reduce or restrict
competition in the business operations of either the contracting
party or a third party; In this regard, the contracting parties
shall not determine the period for the access services to be
longer than the remaining tenure of the Licensee’s License or
the access seeker’s.
h) The Licensee shall submit a copy of the Agreement containing the
terms and conditions relating to the access services to the Licensor
within ten (10) days from the date of execution of the access
agreement.
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i) The Licensor may require the Licensee to amend any provision(s) of
the access services Agreement which the Licensor may deem non-
compliant with the Act, Regulations, Government policy, directives
and guidelines.
9.1.3 Wholesale
a) Wholesale services shall be restricted to telecommunication service
providers Licensed by the Licensor.
b) The Licensee shall ensure that the wholesale of telecommunication
services to another Licensee is undertaken fairly, reasonably and in
a non-discriminatory manner.
c) The Licensee shall make a decision and complete negotiations on
the terms and conditions of provision of the wholesale of services
within 45 (forty-five) days from the date of receipt of a request from
an applicant.
d) The Licensee may decline to offer wholesale services only in cases
where the Licensee demonstrates that the existing network
resources or facilities are inadequate for the provision of
telecommunication service by the Licensee.
e) Where the Licensor and applicant for wholesale services fail to reach
a mutual Agreement within the specified period in (c) above, the
Licensor may receive and investigate any complaint referred to the
Licensor arising out of the said matter and make a decision thereon.
f) The terms and conditions of the wholesale services Agreement shall
provide for the following:
i. Rights, duties and responsibilities of the contracting parties
which are clear and reasonable;
ii. Technical details regarding the telecommunication network(s)
or service(s) to be used in the operation(s);
iii. Standards and quality of wholesale services;
iv. Utilization, maintenance or measures on information protection
for a fair provision and receipt of wholesale services;
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v. Provisions which do not directly or indirectly force either
contracting party to unfairly restrict his or her services or to
limit his or her discretion to obtain, give or receive services from
any other parties;
vi. Provisions which do not monopolize, reduce or restrict
competition in the business operations of either of the contract
party or a third party; In this regard, the contract parties shall
not determine the period for the wholesale services to be longer
than the remaining tenure of the Licensee’s License or the
applicant for wholesale services.
g) The Licensee shall submit a copy of the Agreement containing the
terms and conditions relating to the wholesale services to the
Licensor within ten (10) days from the date of execution of the
wholesale agreement.
h) The Licensor may require amendment to a wholesale services
Agreement which does not comply with the terms of this clause or
the Law.
i) The Licensee shall abide by the provisions of the Act, Regulations,
Guidelines and Standards with respect to interconnection and
access services.
9.2 Sharing of facilities or system
a) The Licensee shall share its systems and/or facilities with other
requesting Licensees in designated areas as provided by the Act, Regulations, Government policies, guidelines and directives.
b) The Licensee shall abide by the provisions of Act, Regulations,
standards and Guidelines which the Licensor may, from time to time
issue with respect to infrastructure and systems sharing services in Uganda.
c) Where, upon such request, the parties fail to agree on the terms and conditions for the provision of facilities or systems sharing, the
Licensor may arbitrate between the parties and make any appropriate regulatory directive(s) in accordance with sections 5(1)(j) and 52 of the Act.
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9.3 Pricing and Rates
a) The Licensee shall apply the interconnection rates as set by the Licensor in accordance with section 59 of the Act and the
Regulations made thereunder.
b) The access and wholesale service rates shall be charged on a cost-
oriented basis, with transparency, fairness and shall be non-
discriminatory to all telecommunication service Licensees.
c) The Licensee shall within fourteen (14) days after execution of this
Licence Agreement, provide to the Licensor a copy of its charges for
all Licensed services for approval. The submission shall be filed
together with such calculation, information and documentation as
are necessary to support the pricing.
d) The Licensee shall thereafter notify and obtain approval from the
Licensor whenever it proposes any changes in the existing tariffs or
introduces any new tariff plan. The notification shall be sent to the
Licensor at least fourteen (14) working days prior to the application
of the new rates and the Licensor shall respond within seven (7)
working days from the date of notification.
e) Where, the Licensor fails or otherwise omits to respond to the
notification in 14.4(d) above within the stipulated period, the
Licensee may proceed to effect the proposed tariff changes,
PROVIDED ALWAYS that the Licensor may, where necessary, take
such other actions in accordance with the Act.
f) Promotional tariffs lasting not more than one-month’s duration are
excluded from the procedure under 10.4 (d) above. The Licensor
may, however intervene in such promotional tariffs where it is of the
opinion that a promotional offer impinges negatively on competition
or consumer interests.
g) The Licensee shall display clearly or make public at each of the
Licensee’s places of operation, the name and business address of the
Licensee and a list of all applicable tariffs for the services provided
9.4 Settlement Obligations
a) The Licensee shall ensure timely reconciliation and settlement of its obligations to other Licensees and third parties to safeguard the integrity of the industry.
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b) The Licensor may provide guidance or directives in respect to the
resolution of third-party settlements.
ARTICLE 10:
RATE REGIME
10.0 Pricing
10.1 Retail Tariffs
a) The Licensee shall abide by regulations made by the Licensor
regarding tariffs if they are applicable to the services licensed herein.
b) The Licensee shall within fourteen (14) days after execution of this
Licence Agreement provide to the Licensor a copy of its charges for
all its services.
c) Thereafter, the Licensee shall notify the Licensor of any proposed
changes in the tariffs 7 (seven) working days prior to the application
of the new rates. The Licensor reserves the right to revoke the rates
if they are in breach of the set regulations or are deemed anti-
competitive.
d) Promotional tariffs lasting less than one-month duration are
excluded from this procedure. However, the Licensor may intervene
when it is of the opinion that a promotional offer impinges negatively
on competition or consumer interests.
e) The Licensee shall display clearly or make public at each of the
places where the Licensee’s products and services are sold:
i. the name and business address of the Licensee; and
ii. a list of all applicable tariffs for the services provided.
10.2 Interconnect, Access and Wholesale Rates
(a) The Licensee shall apply the interconnection rates as set by the Licensor in accordance with Section 59 of the Uganda Communications Act and the Regulations made thereunder.
(b) The access and wholesale service rates shall be charged on a cost-
oriented basis, with transparency, fairness and shall be non-
discriminatory to all telecommunication service licensees.
(c) The Licensee shall notify the Licensor in writing 7(seven)days prior to implementing new rates in Article 10.2 (a) and (b) above.
(d) The Licensor reserves the right to request for an amendment to any
rates charged by the Licensee where the Licensor finds that such rates
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are in breach of the Act, Regulations, Guidelines, Standards and Directives.
10.3 Settlement Obligations
(a) The Licensee shall ensure timely reconciliation and settlement of its obligations to other Licensees and third parties to safeguard the integrity of the industry.
(b) The Licensor may provide guidance or directives in respect to the resolution of third-party settlements.
ARTICLE 11:
COMPETITION RULES
11.1 Fairness and non-discrimination
11.1.1 The Licensee shall not exercise undue preference towards, or undue
discrimination against any person or class of persons in, inter alia,
the price and performance characteristics of its services provided under this License. The terms and conditions under which the
services are provided shall be uniform.
11.1.2 The Licensee shall not enter into any Agreement or arrangement with any person, whether legally enforceable or not, which shall in any way prevent or restrict competition in relation to the operation
of the telecommunication systems or provision of services by the Licensee or any other telecommunication system and/or services Licensed by the Licensor.
11.2 Prohibition of Cross-Subsidization
11.2.1 The Licensee shall not subsidise or cross-subsidise, or permit itself
to be subsidised or cross-subsidised or give or receive undue
preference to or from, any of its associated businesses or persons as concerns the provision of the Licensed Services and/or any other
Licenses granted to the Licensee by the Licensor.
11.2.2 The Licensee shall maintain necessary records to evidence resource
transfers between its associated businesses or persons. The Licensor may at its discretion require the Licensee to submit this or other information related to the Licensed businesses to satisfy the
Licensor that no cross-subsidy is taking place.
11.2.3 Where the Licensee is suspected to be cross subsidising, the Licensor shall issue a written notice requiring the Licensee to make
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representations in respect of the suspected cross subsidisation within thirty (30) days.
11.2.4 In the event that the Licensor determines that cross-subsidisation
has occurred, the Licensor shall give written notice to the Licensee
setting out the necessary action the Licensee should take in order to remedy the breach.
11.2.5 The Licensee shall keep separate accounts for different business
segments.
ARTICLE 12:
BREACH OF LICENSE TERMS AND CONDITIONS
The Licensee shall at all times abide by the terms and conditions of this
agreement. In the event of failure and/ refusal by the Licensee to do so, the
Licensor may in addition to its statutory powers under the Act and the
Regulations, impose on the Licensee any/or a combination of the following
sanctions;
(a) Fine of up to 10% of the gross annual revenue of the Licensee for any
breach. In determining the gross annual revenue of a Licensee for
purposes of this clause, the Licensor shall be guided by the last
financial reports submitted by the Licensee during the period
immediately preceding the breach.
(b) Direct the operator to immediately shut down operations.
(c) Commence proceedings for the suspension or revocation of the
License in accordance with the prevailing Law and or Regulations at
the time of commencing any such proceedings.
(d) Confiscate any communications apparatus possessed, installed,
connected, or operated unlawfully.
ARTICLE 13:
RENEWAL, MODIFICATION, SUSPENSION, REVOCATION AND EXPIRY
OF THE LICENSE
13.1 Renewal of license
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(a) In accordance with section 43 of the Act, the Licensee shall, if
desirous of renewing its license, apply for its renewal at least sixty
(60) days before expiry of the license term.
(b) In considering the application for renewal of the license, the
Licensor shall be guided by the overall level of compliance with the
terms and conditions of the expiring license.
(c) Notwithstanding the foregoing clauses, where the Licensor does not
renew an expired license, the Licensor shall provide a written
explanation to the Licensee for its refusal.
(d) Where the Licensee is not desirous of renewing its license or fails to
apply for renewal, the provision on cessation of business in Article
3(b) shall apply.
13.2 Modification of the License
a) The Licensor may modify this License in accordance with section 40 of the Uganda Communications Act 2013 and the Regulations, if the Licensor determines that such modification is necessary to achieve the
objectives of the Act and Regulations, or is in the public interest, taking into account the reasonable interest and contractual rights of the
Licensee and the principles of fair competition and equality of treatment.
b) Before modifying any terms and conditions, the Licensor shall give the Licensee notice of not less than Sixty (60) days stating the reasons for
the intended modification and giving the Licensee an opportunity to make representations.
13.3 Expiration
This License shall terminate upon expiration of the License term.
13.4 Suspension and Revocation
a) Pursuant to Section 41 of the Act, the Licensor may suspend or revoke
this License or any rights granted hereunder in their entirety or in part
or with respect to Licensed Services or geographic areas, at any time,
under any of the following circumstances:
(i) In case of a serious and repeated breach of any of the terms and conditions of this license, provided that the Licensor has notified the Licensee in writing of its breach and that the
Licensee has not remedied its breach within 60 (sixty) Days after having received such notification; save that the Licensor
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may not suspend or revoke this License if the Licensee's failure to fulfil its obligations is caused solely by an event of force
majeure and shall have given the Licensor written notice of such force majeure event within ten (10) Days of the occurrence thereof;
(ii) Where the Licensee does not comply with orders or directives which have been issued by the Licensor.
(iii) Where any of the Licensee's representations or warranties
contained in its application for this License shall prove to have been incorrect or untrue when made;
(iv) Where the Licensee is engaged in or is supporting activities amounting to a treasonable offence under the Penal Code Act
(Cap. 120);
(v) Where the Licensee ceases to be an Eligible Person;
(vi) Where the Licensee is dissolved or enters liquidation, bankruptcy or equivalent proceedings under the Insolvency
Act 2011;
(vii) Where the Licensee or any of its affiliates holds or acquires any direct or indirect interest in any other licensed operator
without the approval of the Licensor.
b) The Licensor shall prior to taking action to suspend or revoke the
License, afford the Licensee a fair hearing in accordance with the Act
and the Regulations.
c) For purposes of this Article, a serious breach of the license will be
deemed to occur where the licensee breaches the following articles;
i. Article 4 on payment of fees.
ii. Article 8 on obligations of the licensee.
iii. Article 9 on interconnection and access.
iv. Article 10 on the rate regime.
v. Article 11 on competition rules.
vi. Article 14 on Limitations regarding transfer of control.
vii. Article 16 on Authorizations, permits and licenses.
viii. Article 17 on Representation and Warranties
ix. Article 20.6 on Inspections.
13.4 Consequences of Expiration and Revocation of the License
a) Consequences of Expiration
Where the Licensee does not intend to apply for renewal of its license, the
Licensee shall within atleast twelve(12) before the date of expiry of the
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license, submit to the Licensor a customer migration plan, indicating the
modalities through which the licensee shall guarantee continuity of
services to customers, operators and other authorized service providers.
The Licensee shall ensure that the migration plan adequately addresses
all consumer related issues likely to arise out of the discontinuation or
disengagement.
b) Consequences of Revocation under Section 41.
(i) Where the Licence is revoked, the Licensor may, appoint any
person to take over the management of the Licensee to ensure
seamless cessation of operations.
(ii) The Licensor may, for purposes of facilitating the exercise of
powers by the person appointed in (i) above, authorise
continuation of operations of the licensee for a specified period of
time on such terms and conditions as the Licensor may deem
necessary for orderly closure of the business.
ARTICLE 14: LIMITATIONS REGARDING ASSIGNMENT: TRANSFER OF CONTROL
14.1 The Licensee shall not either directly or indirectly assign, delegate, transfer or encumber in any manner, the rights, interests, or obligations under this License without the prior express and written consent of the Licensor. The
Licensor shall not unreasonably withhold or delay to provide consent sought under this clause.
14.2 Where the nature of transaction sought to be entered into by the Licensee
materially results into a change in control of the Licensee, the Licensor
shall only consent to such change after:
i. The Licensor is satisfied that the Licensee and the person to whom the License is sought to be transferred have satisfied the obligations under Section 42 of the Act and Regulations.
ii. Payment of the transfer fees prescribed in Schedule C.
iii. Satisfying the Licensor that the transfer shall not result into a breach of the provisions of the Act and the Regulations on fair
competition.
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14.3 Other Changes to the Licensee notwithstanding Clause 14.1, the Licensee shall seek the Licensor’s approval prior to entering into any
transaction that is likely to change its management structure or shareholding.
ARTICLE 15: INTERNATIONAL OBLIGATIONS
15.1 The Licensee shall conform to International Laws, Treaties Conventions
and Standards, including but not limited to recommendations, standards and positions of the International Telecommunications Union.
15.2 The Licensee shall have the status of a Recognized Private Operating Agency within the meaning of the International Telecommunication
Convention.
15.3 The Licensee shall negotiate and conclude all necessary international commercial and operating agreements arising directly from or required by virtue of the Licensee's status from time to time under the applicable rules
and regulations in the telecommunications sector subject to prior notification to or, where necessary, prior approval by the Licensor or such
other requirements as the Licensor may establish from time to time.
ARTICLE 16:
AUTHORIZATIONS, PERMITS AND LICENSES 16.1 The Licensor shall be responsible for planning, monitoring, managing and
assignment of the use of the Essential Communication Resources and facilities in Uganda.
16.2 This shall be in accordance with the requirements of the respective
international Regulations and standards from the International
Telecommunication Union, agreements with other relevant international entities, the Act, Regulations, Standards, Guidelines, Policies and Directives.
16.3 The Licensee shall have the right to apply to the Licensor for any Essential Communication Resources with justification in accordance with its requirements under this License.
16.4 The Licensor shall, in the consideration of an application for the
assignment of Essential Communication Resources, take into account but not limited to the resources already assigned to the Licensee, availability
of the resources, conditions for assignment of the respective resource,
27
consideration of the Licensee’s expansion (including but not limited to coverage obligations) or service development plans and the public interest.
16.5 The Licensee shall comply with the Act, Regulations, standards,
guidelines, directives issued by the Licensor in managing the respective resource, the respective resource plans prepared by the Licensor, and the conditions specified in the assignment of the respective resource.
16.6 The Licensor reserves the right to re-farm and/or withdraw resources from the Licensee for non-utilization or inefficient use of resources in accordance with the provisions of the Act.
ARTICLE 17:
REPRESENTATIONS AND WARRANTIES OF THE LICENSEE
17.1 The Licensee hereby represents and warrants to the Licensor as follows:
(b) That the Licensee is a Person validly existing and in good standing
under the laws of Uganda and has the power to own its properties
and conduct its business as it presently does;
(c) That the Licensee is duly qualified and in good standing in every
jurisdiction in which it is required by the nature of its business or
operations to so qualify;
(d) That the Licensee has all material franchises, Licenses, permits,
consents, approvals and other authorisation(s) necessary to
conduct its business as presently conducted and contemplated
under this License in Uganda;
(e) That the Licensee is currently not and has not within the past five
(5) years been reprimanded by any regulatory, governmental or
other official body having jurisdiction over it, or is not engaged in
or threatened by litigation which could materially affect the
financial condition or business of the Licensee; and has delivered
to the Commission prior to the date hereof true, correct and
complete copies of its corporate documents and all amendments
thereto which documents as so amended, are in effect and have not
been amended since such date.
17.2 The Licensee warrants and represents that its Board of Directors (or
equivalent governing body) , have taken all action required by law, its
respective articles of association or other corporate documents,
regulations or otherwise to authorise the execution, delivery and
performance of this License and the consummation of the transactions
contemplated herein.
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ARTICLE 18: FORCE MAJEURE
The Licensee shall be excused from performance under this License only to the
extent, and for so long as, such performance is hindered or prevented by an Act
of God or other natural disaster, emergency or extraordinary act of government
or state, war, civil commotion or insurrection, riots, embargo, prevention from
or hindrance in obtaining any materials, energy or other supplies, unlawful
labour strikes outside the control of the Licensee and any other catastrophic
cause beyond the control of the Licensee.
ARTICLE 19:
GENERAL PROVISIONS
Notwithstanding anything contained herein-above, the Licensor and Licensee further agree that:
(a) The Licensor reserves the right to, in accordance with S.40 of the Act, modify the schedules to this License at any time if in the opinion of the Licensor it is deemed necessary or in the interest of the general public
to do so. (b) The Licensee shall conform to the national development goals as may
be advised from time to time by the Licensor. (c) The Licensee shall formulate programs geared towards capacity
building and career development of its local staff. The Licensee shall
set and adhere to a minimum local content quota for staff at all levels of the organizational structure but with emphasis on senior level
positions. (d) The Licensee shall ensure that its operations conform to the relevant
Laws of the Republic of Uganda.
(e) The Licensee may, with the approval of the Licensor utilize third parties for the establishment, development and/or delivery of services authorised under this License and related services provided that the
Licensee shall continue to be fully liable for any obligations in relation to this License.
(f) Where the Licensee intends to enter into any joint venture, association,
contract or arrangement with a third party, the effect or purported
effect of which would be to permit a person who is not originally a party to this License to share in the benefits of, or otherwise gain any rights
or privileges under this License, the Licensee shall seek the prior approval of the Licensor for the joint venture, association, contract or arrangement in question.
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ARTICLE 20: MISCELLANEOUS
20.1 Governing Law
The License, the legal relations between the Parties and any claim instituted by any party with respect to matters arising under or in connection with or in
respect of this License, including but not limited to the negotiation, execution, interpretation, coverage scope, performance, breach, termination, validity and
enforceability of this License shall be governed by and construed in accordance with the Laws of Uganda generally and specifically the Uganda Communications Act 2013, Regulations, Policies, Guidelines and Standards promulgated
thereunder.
20.2. Operator with more than one Licence
(a) Where an operator obtains two License categories (national and Regional),
for example National Public Service Provider (NPSP) and Regional Public Infrastructure Provider (RPIP) or National Public Infrastructure Provider (NPIP) and Regional Public Service Provider (RPSP), the operator shall pay
the two values for respective Licenses or 0.89 % of GAR whichever is higher.
(b) Where the Licensee applies for a National Public Infrastructure Provider
(NPIP) License, the Licensee shall be required to obtain an NTO License.
20.3 Waiver of Diplomatic Claims
The Licensee irrevocably and unconditionally waives any diplomatic claim in
connection with this License. In furtherance of the foregoing, the Licensee
agrees to work within the regulatory framework provided by the Act, the
Regulations and the terms of this License without resort to assistance from
ambassadors or other officials from the home governments of the Licensee or
any Shareholder or Consortium Participant(s).
20.4 Dispute Resolution Mechanism Between Licensee and other
Providers
a) In the event that the Licensee is engaged in a dispute with another
Licensee, telecommunications service provider or telecommunications
infrastructure provider or an authorised service provider on a matter
relating to the communications Services, this License or the Act, the
Licensor shall within its mandate in S. 5(j) of the Act receive and
30
investigate any complaint(s) referred to the Licensor arising out of the
said dispute and make a decision thereon.
b) Where either of the parties is dissatisfied with the decision of the
Licensor, the matter or dispute may be referred to the Uganda
Communications Tribunal as established under Section 60 of the Act.
20.5 Notices
All notices required under this License Agreement shall be in writing and shall
be delivered by courier or registered mail to the respective parties at the aforementioned addresses.
20.6 Inspection
(a) The Licensee shall comply with inspection procedures and reporting
requirements established or as shall be established by the Licensor.
(b) The Licensor reserves the right to inspect the Licensee’s equipment,
installations or facilities to ensure that they conform to the
requirements of this Licence, the Act and Regulations.
(c) Denial of access to the Licensor is an offence and shall attract a fine
in accordance with the provisions of the Act and Regulations.
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IN WITNESS WHEREOF the Parties hereto do subscribe their hands the day of
the Month of the Year first above mentioned.
SIGNED for and on behalf of the:
_______________________________ ______________________
EXECUTIVE DIRECTOR (LICENSOR) In the presence of
Uganda Communications Commission (Witness)
SIGNED for and on behalf of the LICENSEE:
_____________________________ _____________________
DIRECTOR In the presence of
(Licensee name) (Witness)
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SCHEDULE A:
DEFINITIONS
In this Licence Agreement, unless the context otherwise requires, the following words have the following meanings ascribed to them;
“Access” means-
a) The provision by an operator of any services, facilities or arrangements on
a non-exclusive basis, through which another operator or authorised service provider is able to directly or indirectly make use of –
i. Any network, network element or service provided by the operator;
ii. Any facilities comprised in such a network or used for the purposes of the network or service, and references to providing network access include references to providing any such services, making available
any such facilities or entering into any such arrangements.
“Act” means the Uganda Communications Act, 2013. “Authorised person” means a person who is authorised by the Licensor to
provide value added services through the telecommunications infrastructure, system of or in partnership with a Licensed operator.
“Affiliate” means, as used with respect to any Person, any other Person directly or indirectly Controlling, Controlled by, or under common Control with, that
Person. In the case where one Person owns, directly or indirectly, 50% or more of the share capital, voting rights, securities, partnership or other ownership interest of another Person, such Person shall be deemed an Affiliate.
“Broadcasting” means the transmission of sound, video and data, intended for simultaneous reception by the public.
“Circuit” means a transmission means or mechanism that allows
Telecommunication between two points. “Commission” means the Uganda Communications Commission established
under section 4 of the Uganda Communications Act, 2013.
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“Complaint” means a statement, whether written or oral, through which a customer expresses dissatisfaction, grievance or discontent with the manner in
which the Licensee offers any of its services to the consumers, including a claim for breach of right or actual loss of money or entitlement.
“Communications services” means services performed consisting of the dissemination or interchange of audio, visual or data content using postal, radio,
or telecommunications, media, data communication, and includes broadcasting. “Communications” means telecommunications, data communication, radio
communications, postal communications and includes broadcasting. “Contract” means any agreement, arrangement, bond, commitment, franchise,
indemnity, indenture, instrument, lease, concession, Licence or understanding whether or not in writing.
“Control” means, the possession, directly or indirectly, of the power to direct or cause the direction of the management of that Person, whether through
ownership of shares, voting, securities, partnership or other ownership interest, whether by Contract or otherwise.
“Cross subsidisation” means the provision of financial support whether direct or indirect by one segment of a Licenced operator to another Licensed operator
to improve the competitiveness of the segment receiving the benefit in a specified communications market and includes below-market pricing and preferential treatment.
“Customer” means any person who is, or has indicated a willingness to be,
provided with any relevant communications service by a Licensee or operator. “Data” means electronic representations of information in any form.
“Dollars” and “$” mean the legal tender of the United States of America.
“Due Date” means the date, set forth in this Licence or the Schedules hereto, at which certain requirements must be fulfilled.
“Effective Date” means the date on which the Licensee shall have signed the license.
“Eligible person” means a person who
a) has not been adjudged bankrupt or has not entered into a composition or a scheme of arrangement with his or her creditors, or
b) has not been convicted of an offence whose penalty exceeds six months’
imprisonment or a fine exceeding twelve currency points or both, or c) being a legal person is either incorporated or otherwise registered in
Uganda.
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“Emergency Organisations” means, in respect of any locality, the relevant
police, fire, ambulance and coast guard services for that locality and any other similar organisation providing assistance to the public in emergencies recognised as such by the Commission.
“Essential Communications Resources and Facilities” refers to those
resources or facilities which are considered necessary for use in communication service provision including but not limited to Spectrum, VSATs, Non-VSAT International Gateway, logical channel numbers and other numbering
resources. “Exchange” means a manually or automatically operated aggregate or traffic
carrying devices, switching stage, controlling and signalling means, and other functional units at a network node that enables Subscriber Lines, Circuits
and/or other functional units to be interconnected as required by individual Customers.
“Executive Director” means the Executive Director of the Uganda Communications Commission as referred to under section 16 of the Uganda
Communications Act, 2013. ‘‘Fiscal year’’ means the twelve (12) months’ period starting from 1st July to 30th
June of the following year. “Fault” means the inability of a Telecommunications System to complete a
connection or perform or any other required function, excluding such inability due to preventive maintenance, lack of external resources or planned actions.
“Government Agency” means any State, municipal, domestic, foreign or other administrative Agency, Ministry, Department, Commission, Board, Bureau,
instrumentality, Court or Tribunal or other Governmental authority in Uganda.
“Implementation plan” is a plan that provides schedules indicating when the Licensee intends to roll out its communications network and/or services.
“Infrastructure” means the underlying physical components associated with the provision of communications, including towers, masts, poles, antennae mounting ducts, uct chambers or any other similar civil engineering works
structure, which carry or route any telecommunication including softwares other than switching equipment associated with the provision of switched
communications services. “Interconnection” means the linking, whether directly or indirectly by physical
and; logical means or by a combination of both, of communication networks, used by the same or different operator, in order to allow the users of one operator
35
to communicate with users of the same operator or to access services provided by another operator.
“Licence Term” has the meaning assigned to that term in Article 7(a) of the Licence Agreement.
“Master Service Agreement” means an Agreement containing the terms and
conditions for provision of Licensed services uniformly to subscribers and customers.
“Operator” means any Licensee or authorized service provider providing
communications services under the Uganda Communications Act, 2013. “Person” means any individual, firm, corporation, partnership, trust, limited
liability Company, joint venture, Governmental entity or other entity. “Public Infrastructure Provider” means an operator designated to be a public
operator under and who is Licensed to offer infrastructure services under the Act.
“Private Network Operator” when used in this Agreement means a provider that establishes, and maintains an infrastructure network for private use.
“Public Service Provider” means an operator designated to be a public operator and who is Licensed to offer services, for payment and without discrimination to
the public including other operators.
“Quality of Service Requirements” has the meaning assigned to that term in Article 6.9 of the Licence.
“Rates” means the charges by any authorized service provider or Licensee to its Customers.
“Regulations” means the rules and regulations promulgated from time to time by the Minister in accordance with the Uganda Communications Act, 2013.
“Roaming Service” means a type of service or facility that enable the Subscriber of one Operator of Telecommunications Service to utilise the facilities of another
such Operator with which the Subscriber has no direct pre-existing service or contractual relationship to place an outgoing call, to receive an incoming call, or
to continue an in-progress call. “Subscriber” means a Customer provided with a communications Service by
any authorized service provider or Licensee, and who is responsible for payment of all charges and rentals thereof.
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“Telecommunication” means the emission, transmission or reception through the agency of electricity or electromagnetism of any sounds, signals, signs,
writing, images or intelligence of any nature by wire, radio, optical or other electromagnetic systems whether or not such signs, signals, writing, images, sounds or intelligence have been subjected to rearrangement, computation or
other processes by any means in the course of their transmission, emission or reception.
“Telecommunications Apparatus” or “Telecommunication Station” means any apparatus or equipment used or intended to be used in connection with the
transmission of Communications by means of electricity from one place to another place either along a wire joining those two places or partly by wire from each of those two places and partly by Radio Communication.
“Telecommunications Services” means a service consisting of the conveyance
or reception of any sounds, signs, signal, writing or images by wire, optical or other electronically guided media system whether or not such signs, signals, writing, images, sound or intelligence have been subjected to rearrangement,
computation or other process by any means in the course of their transmission, emission or reception.
“Telecommunication system” means a system for the conveyance through the agency of electric, magnetic, electro-magnetic, electro-chemical, electro-
mechanical or light energy of: a) Speech, music or other sounds; b) Visual images;
c) Signals services for the importance (whether as between person and things) of any matter otherwise than in the form of sounds, visual images;
or d) Signals serving for the actuation or control of machinery or apparatus,
including Telecommunications Apparatus situated in the Republic of
Uganda.
“Technical Plan” means the plan that provides a comprehensive list of activities, costs, and schedules that are required to achieve the technical requirements of the Licence.
“Tariffs” means the price or charge for usage of a communications service provided by the Licensee
“Tribunal” means the Uganda Communications Tribunal established pursuant
to Section 60 of the Uganda Communications Act. “Uganda Communication Act” means the Uganda Communications Act, 2013.
37
“Universal Services” means a defined minimum set of services of specified quality, which is available to all users independent of their geographical location,
and in the light of specific national conditions, at an affordable price. “Value-Added Services” means secondary or incidental communications
services provided to consumers on a communications apparatus or network including but not limited to digital financial services and audio visual content
provision Videotext: A service Any other service classified as such by the Commission
“Wholesale Service” means provision by leasing out bulk capacity and sell of bulk services of the telecommunication network to other Licensees for use in the
delivery of commercial telecommunication services.
“Working Day” means any day between the hours of 08:00 and 17:00 which is not a Saturday, Sunday or official public holiday in the Republic of Uganda.
SCHEDULE B:
LICENSED SERVICES
(a) In accordance with Article 2 and subject to the terms and conditions of
the License, the Licensee is authorised, non-exclusively, to render Voice
and Data services and/or Capacity Resale Services using infrastructure provided by any licensed National Telecommunication Operator or Public
infrastructure Service providers, within the national boundaries of the Republic of Uganda.
(b) Voice and Data services include the provision of public Voice and Data including Cellular, Fixed telephony, Internet access, and inter branch communication. A holder of this license shall lease infrastructure from a
licensed National Telecommunication Operator or any other licensed public infrastructure provider to provide telecommunication services to
end users or third parties.
(c) Capacity Resale services authorises the licensee to resell the telecommunication services of a licensed National Telecommunication Operator, a Public Service Provider (voice and data) or capacity of a Public
Infrastructure Provider, within its designated service area/region as specified in this license.
(d) In establishing and providing the licensed services, the Licensee shall
ensure that within a period of (24) twenty four months from the date of commencement of this license, its network covers at least 90% of the geographical boundary of Uganda.
38
(e) The Licensee shall specify in its technical plan the timelines within which
the specified coverage obligations shall be met and shall submit to the
Licensor a detailed status report on the progress made in realizing the
above coverage obligation. This report shall be due bi-annually starting
six (6) months after the grant of this License or such other date as may be
prescribed by the Licensor.
SCHEDULE: C
Application Fee $2500 (This shall not be payable by existing operators)
Annual License Fees $ 86,030 or 0.89% of
the audited Gross Annual Revenue, whichever is higher
Levy on Gross Annual Revenue (GAR)
2%
Transfer fees 2.5% of licensee’s previous year Gross
Annual Revenue or $50,000 whichever is higher
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SCHEDULE D:
TECHNICAL PLAN (NPSP)
40
SCHEDULE E – BUSINESS PLAN
41
SCHEDULE F:
THE REPUBLIC OF UGANDA
IN THE MATTER OF THE STATUTORY DECLARATION ACT, CAP 22 AND
THE OATHS ACT, CAP 52.
AND
IN THE MATER OF A STATUTORY DECLARTAION IN CERTIFICATION OF
THE TRUTH AND CORRECTNESS OF REPRESENTATIONS MADE BY
……………………………………………………………….
“THE COMPANY”
AND
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IN THE MATTER OF ………………………………………………….
STATUTORY DECLARATION
I, ………………………………………………… Of ………………………………………… do
solemnly make at and state as follows:
1. THAT I am a (Male/ Female) Adult Ugandan of Sound mind and ……………(position)……………. of ……………… (company name) …………….
(“the company”)
2. THAT …………………………………. (company name) was incorporated on ………………………...(date)
3. THAT a Public Service Provider License Agreement was duly executed and
signed between Uganda Communications Commission and
….…………………………………………... (company name)
4. THAT Article 6.1 (c) of the aforementioned Agreement requires “the company” to certify that all representations made by “the company” are true and correct.
5. THAT as ………………………… (position), I make this solemn Declaration
certifying the truth and correctness of the representations made by the “the company” to Uganda Communications Commission.
6. THAT whatever is stated herein above is true and correct to the best of my knowledge.
7. THAT I make this solemn Declaration to be true and correct to the best of
my knowledge and within the meaning of the Statutory Declarations Act Cap 22.
DECLARED at ………………... this ….…Day of ……………….……….2020.
By the said………………………………...
____________________________________
DECLARANT
43
BEFORE ME
____________________________________________
A COMMISSIONER FOR OATHS
SCHEDULE G
QUALITY OF SERVICE REQUIREMENTS
1. Definitions
In this Schedule unless the context otherwise requires, the following words have the following meanings ascribed to them;
i. “Billing Performance” means the level of accuracy of bills, timeliness in issuing and delivery of bills and number of billing complaints.
ii. “Billing Period” means the time period within which a bill is issued by
the service provider and sent to the customer.
44
iii. “Blocked call rate” means the Proportion of un-successful call
attempts during busy hour Proportion of blocked calls in busy period.
iv. “Dropped call rate” means the Proportion of calls, which once
successfully established and therefore have an assigned traffic channel, are dropped or interrupted prior to their normal completion
by the user, the cause of the early termination being with the operator’s network.
v. “Committed Information Rate” means a specified amount of bandwidth guaranteed by the bandwidth provider under normal operations, measured in bits per second.
vi. “Infrastructure services” mean bandwith capacity or the switching,
transmission and distribution facilities provided by the licensee to a public service provider or to a private network holder.
vii. “Maximum Connection Time” means time taken for a customer to access network after paying the connection fee or relevant fees for
connection.
viii. “Quality of Service” shall mean the collective effect of service
performance which determines the degree of satisfaction of a user of the service, as specified in ITU-T Recommendation E. 800. Quality of Service (QoS) shall include network performance as specified in ITU-T
Recommendation E. 800. QoS is the outcome of the user’s experience /perception while Network Performance is performance of all single
elements of a network. The QoS requirements take into account the customer/user’s and the service provider’s point of view.
ix. “Service Activation /provisioning time” means the time taken to provide service from time of request or date of application to time
service is activated.
x. “Service Level Agreement” means a formal written agreement made
between two parties: the service provider and the service recipient which defines the basis of understanding between the two parties for delivery of the service itself. It may among others contain a specified
level of service, support options, etc.
xi. “Service Restoration Time” means time taken to restore the service from the time the fault is reported by the customer to the time of restoration.
xii. “Success call” means call which terminates with ‘no’ answer on voice
mail service, announcement that subsrciber is not available, with a
45
busy signal, with an announcement that wrong number has been dialled and in conversation
2. Quality of Service (QOS) Requirements
Quality of Service parameter/indicator
UCC Standards or Targets
Billing Performance
Bills should be received on a
monthly basis
Billing complaints should not
exceed 2% of total bills issued
during the billing period
95% of billing complaints should
be resolved within 20 working
days of receipt of complaint
100% of the billing complaints
should be resolved within 30
working days of receipt of
complaint.
Upon receipt of a billing
complaint, the same should be
resolved within a maximum of
120 hours.
Complaint handling (complaints received and
resolved1)
90% of complaints should be
resolved in 24hrs
100% of the complaints should
be resolved within 120 hours.
Network Availability: (measure of degree to which the
access network is operable and not in a state of failure at any point in time and/or time that
network resources are available to the customer
Should be greater than 99%
1 Resolution will be interpreted by UCC as compliance by the operator with the Act, licence agreement,
UCC regulations, Service Level Agreement and other provisions for complaints resolution
46
and/or the percentage uptime of the link where bandwidth is
accessed from the operator by the customer)
Service activation/provisioning time (based on areas where
operators declare being available).
At least within 7 working days.
Service Restoration Time 80% of all service restoration requests should be fulfilled
within 24 hours
100% of all service restoration requests should be fulfilled
within 48hrs.
Blocked call rate for mobile
voice telephony services
Not more than 2% of the call attempts
made during busy period should be blocked.
Dropped call rate for mobile voice telephony services
Not more than 2% of established calls should be dropped during busy period
before either called or caller party terminates connection.
Success call rate for mobile voice telephony services
For intra network the success call rate should be greater than 99%
Network availability ; time that
the network resources are availabke ti the consumer ( inluding the base staions, base
transceiver stations (BTS) and the Mobile switching
centres(MSCs)
Greater than 99% for MSCS and BSS
and greater than 95% for BTS
Percentage up time- in respect
to internet access services
Greater than 99.9% - percentage time
the link is available
Maximum Connection Time in respect to provision of
infrastructure services
5 working days in areas where the the Licensee has declared to provide
services.
3. General QoS Requirements
a) The Licensee shall conform to all wiring and installation standards which may be set by the Licensor from time to time. The Licensee shall also
47
conform to all ITU-recognised standards on installation of telecommunications facilities.
b) The licensee shall give reasonable notice to affected public of scheduled
routine maintenance on their Network which results in disruption of
service exceeding 30 minutes. All routine maintenance on the Network resulting in service disruption shall be performed between the hours of
2:00am and 5:00am
c) The Licensee may not interrupt operations of their Network or suspend
provision of Licensed Infrastructure services in the normal course of business without having notified the Commission in writing and having provided reasonable notice to affected Customers.
d) The licensee shall have Service Level Agreements with their customers
spelling out the Quality of Service requirements that will be met or offered by themselves. The SLA shall include but not limited to bandwidth capacity and related charges offered, definitions of terms used and the
service support to be provided (including 24hour customer support) by the operator. The Capacity to be provided and Committed Information
Rate, for the case of Bandwidth Capacity Providers should be clearly defined by the Public Infrastructure Provider in the SLA. Copies of the SLA should be submitted to the Licensor and the customer.
e) The Licensee in offering QoS levels for the infrastructure services provided
shall give regard to the Quality of Service requirements specified for duly
licensed operators or authorised service providers for the provision of telecommunication and/or broadcasting and/or content and/or value-
added services.
The Licensor shall recognise International Telecommunications standards for
Network Performance and Quality of Service.
SCHEDULE ‘H’:
CONSUMER COMPLAINTS HANDLING PROCEDURE
48
1. Consumer Complaints Handling mechanism
i. In accordance with Article 5.11.2, the Licensee shall be required to
submit for approval to the Licensor within sixty (60) days of being granted a license, a document detailing the Licensee’s Consumer Complaints Handling mechanism or framework.
ii. The licensee shall ensure that the content of the framework to be
submitted hereinabove provides a predictable, transparent and
effective process through which consumer complaints are received,
investigated, resolved and/ or escalated.
iii. Without limiting the generality of Article 5.11.2, the Consumer
Complaint handling mechanism shall include the following:
a) The purpose and objectives of the Policy/Framework: b) A detailed elaboration of the complaints handling process and
procedures of the licensee including timelines and the nature of remedies offered to complainants;
c) The roles and responsibilities of the various parties involved in the
complaints resolution process; d) The appellate process for dissatisfied complainants;
e) An explanation of the initiatives the licensee will adopt to continuously improve service delivery;
f) A process flow diagram of the complaints management process.
(2) Process for complaint resolution.
i. The licensee shall ensure that the consumer complaint handling
mechanism specifies that upon receipt of a complaint from any customer, the complaint shall be recorded and allocated a unique
identifier code (reference number). A query resolved within an initial call cycle may not be ticketed and need not be recorded in the database.
ii. The record of the complaint should identify the remedy sought by the complainant and any other information necessary for the
effective handling of the complaint including the following: a) A description of the complaint and relevant supporting data; b) The requested remedy;
c) The products or services complained about; d) The due date for a response; e) Immediate action taken (if any)
(3) Particulars of the Complaint
i. The Licensee shall maintain a database of information on all consumer complaints received and handled.
49
ii. The consumer complaints database shall include the following minimum details;
a) Date and time of the Complaint, b) Complaint reference/code/ticketing number
c) Mode/medium of how the complaint was submitted d) Complainant’s Name and full Contact address,
e) Brief Description of the Complaint, f) Action taken to resolve the complaint and the date when the
said action was taken.
g) The total number of daily attempted calls to the customer helplines.
h) Percentage of daily unsuccessful attempts to the customer
helplines. i) Average call waiting/connection time to the helplines per day.
j) Distribution of complaints by service category and compliant type such asMobile Money, Voice, Data, VAS.
k) Complaint resolution timelines by service category and
compliant type. l) And any other relevant information.
4. Tracking of Complaint
The licensee shall ensure that each complaint is assigned a reference number
that will facilitate easy tracking of the complaint throughout the entire
process until the complainant is satisfied or the final decision is made. An
up-to-date status should be made available to the complainant upon request
and at regular intervals, or at the time of pre-set deadlines.
5. Acknowledgement of complaint
The Licensee shall ensure that all complaints received are duly acknowledged.
6. Initial assessment of complaint
The licensee shall ensure that upon receipt of a complaint, an initial
assessment is made to establish the severity, safety implication, complexity,
impact, and the need and possibility of immediate action regarding the
complaint.
7. Investigation of complaints
50
The licensee shall ensure that every reasonable effort is made to investigate
all the relevant circumstances and information surrounding a complaint. The
level of investigation shall be commensurate with the seriousness, frequency
of occurrence and severity of the complaint.
8. Response to complaints
i. Following conclusion of every investigation, the licensee shall offer a
response to the complaint, by for example correcting the problem and
notifying the complainant or promising to prevent it from happening
again in the future.
ii. Where the Licensee finds that the complaint cannot be immediately
resolved, the licensee shall have a mechanism for updating the
complainant about all necessary steps being taken on the complaint,
and or the right by the Complainant, if not satisfied by the way the
complaint is resolved, to escalate the complaint to the Licensor for
regulatory intervention.
iii. The Licensee’s policy on the provision of responses may include but
not be limited to:
a) Fixing the specific problem;
b) An apology where the complaint is justified;
c) improving the aspect of service that led to the problem;
d) offering to meet and explain again the service being provided, if the
client is confused or misunderstands the service;
e) offering compensations for either specific losses or general
inconvenience;
f) offering to reduce the charge or to undertake the work to rectify the
situation free of charges.
51
SCHEDULE ‘I’
REPORTING FORMAT (NPSP)
ANNUAL REPORTING FORMAT
(information to be submitted at end of the calendar year)
SECTION 01: GENERAL INFORMATION
Date:
………………………………………………………………………………………………………………..
Company Name
(as Licensed)
………………………………………………………………………………
………………………………………………………………………………
License Type
(tick appropriate)
NPIP – Terrestrial
NPIP – Cable
NPIP – Satellite
NPIP – Internet Protocol
Company Address Physical Address: ………………………………………………………...…
………………………………………………………………………………......
Postal Address: …………………………………………………………...…
…………………………………………………………………………………..
Phone: ……………………………. Mobile: …………………………………
Fax: …………………………………………………………………………….
Email: ……………………………… Web: ………………………………….
52
Contact Persons Technical Representative:
Name: ………………………………………………………………….
Contact: ……………………….……………………………………….
Legal Representative:
Name: ………………………………………………………………….
Contact: ……………………….……………………………………….
Administrative Contact:
Name: ………………………………………………………………….
Contact: ……………………….………………………………………
SECTION 02: MULTIPLEX INFORMATION
NO.
Broadcast Technology
(e.g. DVB-T2, DVB-C,
DVB-S2, DVB-IP)
Network Identifier
(as assigned by the
commission)
Multiplex ID or Number
Multiplex (Head-end)
Location
Total Mux Capacity
(Mbps)
MUX Content loading No. of SDTV
streams
loaded
No. of HDTV
streams
loaded
No. of Audio
streams
loaded
53
No. of Data
streams
loaded
SECTION 03: TRANSMISSION INFORMATION
NO. 1 2 3 4 5 6 7 8 9 10 11 12 13
SITE
DETAILS
Site Name
Site Location Coordinates
(longitude & latitude)
Altitude above sea level (m)
TRANSMIS
SION
DETAILS
Total Tx Capacity (Mbps)
Tx Content
loading
(number of
SDTV, HDTV,
Audio and
Data streams
loaded)
No. of SDTV
streams
loaded
No. of HDTV
streams
loaded
No. of Audio
streams
loaded
No. of Data
streams
loaded
Bandwidth
Allocation per
Stream
SDTV
Streams
HDTV
Streams
Audio
Streams
Data
Streams
Transmitter Specs.
(Make and Model)
Assigned Frequency (Center)
Modulation
Compression Ratio
Carriers FFT
FEC Code Rate
Reception Mode
Transmitter max power rating
(Watts)
54
Transmitter carrier power
(watts)
Antenna Gain (dBi)
Maximum radiated power
ERP (watts)
Antenna directivity
Polarization
Antenna height above ground
level (m)
NO. SECTION 04: INFORMATION ON THE CSP’s ON THE
PLATFORM
MUX
ID.
Logical
Channel
Number (LCN)
– as assigned
by the
commission
Content
Service
Provider
Name &
Address
Stream
Call
Sign
Encrypted
Stream
or
Non –Encrypted
Channel
Sites on
air
01
02
03
04
05
06
07
08
09
10
11
12
13
14
55
15
16
56
SECTION 05: ANNUAL REVENUE
Item
(specify)
Yr. ___________ Yr. ___________ Yr. ___________ Yr. ___________
Revenue Investment Revenue Investment Revenue Investment Revenue Investment
SECTION 06: SHAREHOLDING
Please attach a copy of the current certificate of shareholding.
SECTION 07: STAFFING
Staff Category
Employment
Type
Local (Ugandan
Citizens)
Expatriates
Male Female Male Female
Technical
Permanent
Contract
Temporary
Non-Technical
Permanent
Contract
Temporary
TOTAL
SECTION 08: TALENT DEVELOPMENT
Type of training course Number of persons
trained within the
country
Number of persons
trained outside
country
57
SECTION 09: COMMENTS/ SUGGESTIONS
Please indicate challenges and suggestions to improve the regulatory
environment
__________________________________________________________________________
___________________
__________________________________________________________________________
___________________
__________________________________________________________________________
___________________
__________________________________________________________________________
___________________
__________________________________________________________________________
_____________
_____________________
SECTION 09: DECLARATION
I …………………………………………. Declare that the information provided
herein is accurate to the best of my knowledge, and provides an accurate
account of the status of ……………………………………………… duly
Licensed by the Uganda Communications Commission.
Signed……………………………………………………
Name……………………………………………………..
Title………………………………………………………
Date………………………………………………………….
Company Stamp
Here
58
59
SCHEDULE ‘J’:
MONTHLY OPERATIONAL REPORT (Licensor may amend giving 30 days’ notice to Licensee)
INDICATOR CODE INDICATOR NAME INDICATOR DEFINITION
Active subscribers
Mobile Network subscribers
Where possible the data should be availed by technology (2G, 3G, 4G, LTE)
TEL001 Total assigned numbers (mobile) Total assigned mobile numbers
TEL002
Total Number of registered subscribers RGS 90
Registered revenue generating subscribers (RGS) 90 days
TEL003
Total number of mobile cellular
telephone subscriptions (Prepaid)
Registered revenue generating subscribers (RGS) 90 days-prepaid
TEL004
Total number of mobile cellular
telephone subscriptions (Postpaid)
Registered revenue generating subscribers (RGS) 90 days-postpaid
TEL005
Total Number of
active test lines including MSRN (mobile subscriber
roaming number)
Total Number of active test lines including MSRN (mobile subscriber
roaming number)
TEL006
Maximum Mobile
switching Capacity
Total number of mobile subscribers
that can be supported by the HLR.
Fixed telephone Network
TEL007
Number of fixed telephone lines per category
Total Number of fixed telephone lines RGS 90 days by technology [GSMA,
WIMAX, CDMA, copper, Fiber, Local LOOP, VoIP, OTHERS…]
TEL008 Total assigned numbers (fixed) Total assigned fixed numbers
TEL009
Total Number of
registered fixed subscribers RGS 90
Total Number of registered fixed subscribers RGS 90
TEL010
Total number of fixed telephone subscriptions
(Prepaid)
Total number of fixed telephone
subscriptions (Prepaid)
TEL011
Total number of fixed
telephone subscriptions (Postpaid)
Total number of fixed telephone subscriptions (Postpaid)
60
TEL012
Residential
subscribers
Total number of Residential
subscribers
TEL013
Business/Institutional/corporate
subscribers(wired)
Total number of Business/Institutional/corporate
subscribers(wired)
TEL014
Number of PRI
Total number of Primary Rate Interface (PRI). It is a
telecommunications interface standard used on an Integrated
Services Digital Network (ISDN) for carrying multiple DS0 voice and data transmissions between the network
and a user
TEL015
Maximum fixed line switching Capacity
Total number of fixed line subscribers
that can be supported by the fixed network.
Internet
INT001 Internet subscription Total internet subscribers RGS 90
days
INT002 Mobile internet subscribers-prepaid
Total number of internet subscription with mobile (wireless) access RGS 90 days-prepaid
INT003
Mobile internet
subscribers-postpaid
Total number of internet subscription with mobile (wireless) access RGS 90
days-postpaid
INT004
Number of fixed wired internet
subscribers-prepaid
Total number of internet subscription with fixed (wired) access RGS 90
days-prepaid
INT005
Number of fixed wired internet
subscribers-postpaid
Total number of internet subscription with fixed (wired) access RGS 90
days-postpaid
INT006
Fibre-to-the-home/building Internet
subscriptions
Fibre-to-the-home/building Internet
subscriptions refers to the number of Internet subscriptions using fibre-to-the-home or fibre-to-the-building, at
downstream speeds equal to, or greater than, 256 kbit/s. This should include subscriptions where fibre goes
directly to the subscriber’s premises or fibre-to-the-building subscriptions
that terminate no more than 2 metres from an external wall of the building. Fibre-to-the-cabinet and fibre-to-the-
node are excluded.
61
INT007 Satellite internet subscriptions
Broadband subscriptions with
satellite terminals. Refers to the number of satellite Internet subscriptions.
INT008 Number of wireless hotspots per region
Number of wireless hotspots per region
Roaming numbers
ROAM001
Number of inbound
roamers-ONA
Number of unique subscribers from ONA partner states visiting licensee's
network.
ROAM002
Number of inbound
roamers-International
Number of unique subscribers from
International networks visiting licensee’s network
ROAM003 Number of outbound roamers-ONA
Number of unique subscribers from licensee’s network visiting ONA partner states.
ROAM004
Number of outbound roamers-
International
Number of unique subscribers from licensee's network visiting
International networks.
ROAM005
Total number of roaming countries-
postpaid
Total number of roaming countries-
postpaid
ROAM006
Total number of roaming countries-prepaid
Total number of roaming countries-prepaid
ROAM007
Top 5 inbound roaming Countries excluding ONA
Top 5 inbound roaming Countries excluding ONA
ROAM008
Top 5 outbound roaming Countries excluding ONA
Top 5 outbound roaming Countries excluding ONA
TEL016
Percentage coverage of mobile cellular network by
technology (land area)
Percentage of total mobile cellular coverage of the land area by
technology (2G, 3G, 4G, LTE). This is calculated by dividing the land area covered by a mobile cellular signal of a
given technology by the total land area.
Fixed and Mobile
Network Traffic & Calls
TEL017
Total onnet calls
(count)
Number of calls originating and
terminating on own network
TEL018 Total onnet traffic (minutes)
Volume of traffic originating and terminating on own network
62
Incoming-Off net (per network)
TEL019 Incoming Offnet calls (Counts)
Number of calls originating from other domestic licensee’s network
and terminating on the licensee’s network
TEL020
Incoming Offnet
traffic (minutes)
Volume of traffic in minutes originating from other domestic licensee’s network and terminating
on the licensee’s network
Outgoing-Off net (per network)
TEL021 Outgoing Offnet calls (Counts)
Number of calls originating from
Licensee's network and terminating on the other licensee’s network
TEL022 Outgoing Offnet traffic (minutes)
Volume of traffic in minutes originating from own network and
terminating on the other licensee’s network
ONA Traffic
Incoming-(per country)
ONA001
Incoming calls
(Counts)
Number of calls originating from ONA partner states and terminating on the
licensee’s network
ONA002 Incoming traffic (minutes)-direct
Volume of traffic originating from
ONA partner states and terminating on the licensee’s network to licensee's own customers
ONA003 Incoming traffic (minutes)-indirect
Volume of traffic originating from ONA partner states and terminating
on the licensee’s network to roaming customers
Outgoing-(Per country)
ONA004 Outgoing calls (Counts)
Number of calls originating from Licensee's network and terminating on ONA partner states
ONA005 Outgoing traffic (minutes)-direct
Volume of traffic originating from Licensee's network and terminating
on ONA partner states to ONA customers
ONA006 Outgoing traffic (minutes)-indirect
Volume of traffic originating from Licensee's network and terminating on ONA partner states to licensee's
own subscribers (roaming subscribers)
63
International traffic
Incoming-(per country)
INTL001 Total International incoming calls
Total International incoming calls (exclude ONA)
INTL002
Total International
incoming traffic in minutes
Total International incoming traffic in minutes (exclude ONA)
INTL003
International Incoming calls
(Counts)-top 5 countries
Number of calls (per country) originating from top 5 countries and
terminating on the licensee’s network.
INTL004
International
Incoming traffic (minutes)-top 5
countries
Volume of traffic (per country)
originating from top 5 countries and terminating on the licensee’s
network.
Outgoing- (Per
country)
INTL005 Total International outgoing calls
Total International outgoing calls (exclude ONA)
INTL006
Total International
outgoing traffic in minutes
Total International outgoing traffic in minutes (exclude ONA)
INTL007
International outgoing calls (Counts)-top 5
countries
Number of calls originating from licensee's network terminating to top
5 countries (per country)
INTL008
International
outgoing traffic (minutes)-top 5
countries
Volume of traffic originating from licensee's network terminating to top
5 countries (per country).
P2P SMS Traffic
P2PSMS001 Onnet P2P SMS traffic Total volume of onnet sms traffic
P2PSMS002
National Offnet originating p2p sms traffic
Total volume of sms traffic originating from licensee's network and
terminating in other domestic networks. Specify terminating networks
P2PSMS003
National Offnet
terminating p2p sms traffic
Total volume of sms traffic originating from other domestic networks and
terminating in licensee's networks. Specify originating networks
64
P2PSMS004
ONA Offnet originating p2p sms
traffic
Total volume of sms traffic originating
from licensee's network and terminating in ONA countries networks. Specify terminating ONA
countries
P2PSMS005
ONA Offnet
originating p2p sms transit traffic
Total volume of sms traffic originating
from a domestic network transiting via the licensee's network and terminating in ONA countries
networks. Specify both the originating and the terminating partners
P2PSMS006
ONA Offnet terminating p2p sms
traffic
Total volume of sms traffic originating from other ONA networks and terminating in licensee's networks.
Specify originating ONA countries
P2PSMS007
ONA Offnet terminating p2p sms transit traffic
Total volume of sms traffic originating
from other ONA networks transiting via a licensee's network for
termination in another domestic networks. Specify both originating and terminating networks
P2PSMS008
International
originating p2p sms traffic
Total sms traffic originating from international subscribers terminating
in the licensee's network. Exclude ONA
P2PSMS009
International
terminating p2p sms traffic
Total sms traffic originating from
Licensees network terminating in the international network. Exclude ONA
A2P SMS traffic
A2PSMS001 Onnet A2P sms traffic
Number of Application Originated SMS by Licensee terminating on
Licensees customers/subscription lines.
A2PSMS002
National offnet originating A2P SMS
traffic
Number of Application Originated SMS by Licensee terminating on other domestic Licensees
customers/subscription lines.
A2PSMS003
National offnet terminating A2P SMS traffic
Number of Application Originated
SMS by other domestic Licensees terminating on the Licensees customers/subscription lines.
A2PSMS004 ONA originating A2P SMS traffic
Number of Application Originated SMS from ONA countries terminating
on Licensees customers/subscription lines.
A2PSMS005 ONA terminating A2P SMS traffic
Number of Application Originated SMS by Licensee terminating on ONA
65
Licensees customers/subscription
lines.
A2PSMS006
International originating A2P SMS
traffic
Number of Application Originated SMS from International countries
terminating on Licensees customers/subscription lines.
Exclude ONA countries
A2PSMS007
International terminating A2P SMS traffic
Number of Application Originated
SMS by Licensee terminating on International Licensees customers/subscription lines.
USSD traffic
USSD001 Onnet USSD traffic
Number of Application Originated
USSD by Licensee terminating on Licensees customers/subscription lines.
USSD002
National offnet
originating USSD traffic
Number of Application Originated USSD by Licensee terminating on
other domestic Licensees customers/subscription lines.
USSD003
National offnet terminating USSD
traffic
Number of Application Originated USSD by other domestic Licensees terminating on the Licensees
customers/subscription lines.
USSD004
ONA originating
USSD traffic
Number of Application Originated
USSD from ONA countries terminating on Licensees
customers/subscription lines.
USSD005 ONA terminating USSD traffic
Number of Application Originated USSD by Licensee terminating on
ONA Licensees customers/subscription lines.
USSD006
International originating USSD traffic
Number of Application Originated USSD from International countries
terminating on Licensees customers/subscription lines. Exclude ONA countries
USSD007
International
terminating USSD traffic
Number of Application Originated USSD by Licensee terminating on
International Licensees customers/subscription lines.
Internet Traffic
INT009 Mobile Internet traffic Total amount of data traffic in Mbs on the mobile network.
66
INT010 Fixed Internet traffic (wired)
Total amount of data traffic in Mbs on the fixed network (wired).
INT011
Total broadband
usage per technology (2G, 3G, 4G, LTE)
Total volume of broadband usage by
technology category (2G, 3G, 4G, LTE)
INT012
Total broadband
Usage per region (Mbs) (Central, West, North, East)
Total broadband Usage per region (Mbs) (Central, West, North, East)
INT013 Total international bandwidth
Total capacity of internet bandwidth in mega bits per second per carrier.
Provide details and capacity of various bandwidth carriers
OTT001 OTT subscriptions
Total number of subscribers accessing OTT services per the categories-Daily, Weekly and Monthly
tax payer (OTT is the transmission or receipt of voice or messages over the
internet protocol network and includes access to VPN-Section 13b of the excise duty amendment bill
2018)
OTT002 OTT Data usage
Total amount of data used on OTT
services
OTT003
OTT voice data
consumption converted into minutes
Total amount of OTT voice calls in minutes
OTT004 OTT tax revenue
Total amount of OTT tax revenue generated (Daily, Weekly, Monthly tax
payer).
Roaming traffic
ONA Roaming
Inbound
ONA007 ONA voice Inbound roamers-MOC
Volume of voice traffic originated by
inbound roamers from ONA partner states (MOC)
ONA008 ONA voice Inbound roamers-MT
Volume of voice traffic terminated by
inbound roamers from ONA partner states (MT)
ONA009
ONA sms Inbound
roamers
Volume of SMS traffic originated by inbound roamers from ONA partner
states (SMS)
67
ONA010 ONA data Inbound roamers
Volume of data traffic (MBs)
generated by inbound roamers from ONA partner states
Outbound
ONA011 ONA voice outbound roamers-MOC
Volume of voice traffic originated by
outbound roamers in ONA partner states (MOC)
ONA012 ONA voice outbound roamers-MT
Volume of voice traffic terminated to
outbound roamers in ONA partner states (MT)
ONA013
ONA sms outbound
roamers
Volume of SMS traffic originated by outbound roamers in ONA partner
states (SMS)
ONA014
ONA data outbound
roamers
Volume of data traffic (MBs) generated by outbound roamers in
ONA partner states
International
Roaming
Inbound
INTL009
International voice
Inbound roamers-MOC
Volume of voice traffic originated by inbound roamers from International
roaming partners excluding ONA (MOC)
INTL010
International voice
Inbound roamers-MT
Volume of voice traffic terminated by inbound roamers from International
roaming partners excluding ONA (MT)
INTL011
International sms
Inbound roamers
Volume of SMS traffic originated by
inbound roamers from International roaming partners excluding
ONA(SMS)
INTL012 International data Inbound roamers
Volume of data traffic (MBs) generated by inbound roamers from
International roaming partners excluding ONA
Outbound
INTL013
International voice
outbound roamers-MOC
Volume of voice traffic originated by
outbound roamers in International destinations excluding ONA (MOC)
INTL014
International voice
outbound roamers-MT
Volume of voice traffic terminated to
outbound roamers in International destinations excluding ONA (MT)
68
INTL015
International sms
outbound roamers
Volume of SMS traffic originated by outbound roamers in International
destinations excluding ONA (SMS)
INTL016 International data outbound roamers
Volume of data traffic (MBs) generated by outbound roamers in
International destinations excluding ONA
National Roaming
Inbound
ROAM009
National voice Inbound roamers-MOC
Volume of voice traffic originated by inbound roamers from local licensee (MOC)
ROAM010
National voice
Inbound roamers-MT
Volume of voice traffic terminated by inbound roamers from local licensee
(MT)
ROAM011 National sms Inbound roamers
Volume of SMS traffic originated by
inbound roamers from local licensee (SMS)
ROAM012 National data Inbound roamers
Volume of data traffic (MBs) generated by inbound roamers from local licensee
Outbound
ROAM013
National voice outbound roamers-MOC
Volume of voice traffic originated by outbound roamers in local licensee (MOC)
ROAM014
National voice outbound roamers-
MT
Volume of voice traffic terminated to outbound roamers in local licensee
(MT)
ROAM015 National sms outbound roamers
Volume of SMS traffic originated by
outbound roamers in local licensee (SMS)
ROAM016 National data outbound roamers
Volume of data traffic (MBs)
generated by outbound roamers in local licensee
MOBILE MONEY INDICATORS
MM001
Number of mobile
money subscriptions
No of registered mobile money subscribers who have had at least one mobile money transaction (RGS
90)
P2P(Person to
Person)
69
MM002
Number of p2p
Mobile Money transactions (UGX) - Onnet
Number of Mobile Money transactions (UGX) - Onnet by specified range
1-10,000
10,001 - 25,000
25,001 - 50,000
50,001 - 100,000
100,001 - 200,000
200,001 - 500,000
500,001 - 1,000,000
>1,000,000
MM003
Number of p2p
Mobile Money transactions - National Offnet
1-10,000
10,001 - 25,000
25,001 - 50,000
50,001 - 100,000
100,001 - 200,000
200,001 - 500,000
500,001 - 1,000,000
>1,000,000
MM004 Number of Mobile Money transactions - ONA
Incoming
Outgoing
MM005 Number of Mobile Money transactions - International
Incoming
Outgoing
M006 Value of Mobile Money transactions - Onnet
1-10,000
10,001 - 25,000
25,001 - 50,000
50,001 - 100,000
100,001 - 200,000
200,001 - 500,000
70
500,001 - 1,000,000
>1,000,000
MM007 Value of Mobile Money transactions -National Offnet
1-10,000
10,001 - 25,000
25,001 - 50,000
50,001 - 100,000
100,001 - 200,000
200,001 - 500,000
500,001 - 1,000,000
>1,000,000
MM008
Value of Mobile Money transactions-
ONA (Inbound)
Value of Mobile Money transactions-
ONA (Inbound)
MM009
Value of Mobile Money transactions-
ONA (Outbound)
Value of Mobile Money transactions-
ONA (Outbound)
MM010
Value of Mobile
Money transactions- International (Inbound)
Value of Mobile Money transactions- International (Inbound)
MM011
Value of Mobile Money transactions-
International (Outbound)
Value of Mobile Money transactions- International (Outbound)
MM012
List of interoperable
partners Provide details of partnerships
MM013 Value of transactions
Value of transactions per partner
(UGX)
MM014 Value of airtime purchases
Value of airtime purchases (voice airtime, data bundles, etc)
MM015 Balance on customer accounts
The cumulative balance in customer accounts
MM016
Number of commercial banks
partnered with (Countrywide)
Total number of commercial banks in partnership with.
MM017
Number of mobile
money agents
The total number of mobile money agents registered with this company who have carried out at least one
transaction in the last 3 months.
71
MM018
Number of
transactions by agents Number of transactions at agents
MM019 Value of transactions by agents (Deposit)
Value of deposit transactions by agents
MM020
Value of transactions by agents (Withdrawal)
Value of withdrawal transactions at agents
P2B (Person to Business)
MM021 Total number of p2b Transactions Total number of p2b transactions
MM022 Paying bills (utilities, merchandise, etc)
Total number of p2b transactions for Paying bills (utilities, merchandise, etc)
MM023
Financial services
(SACCOS, Insurance, NSSF, Bank deposits and Withdrawals etc)
Total number of p2b transactions for
Financial services (SACCOS, Insurance, NSSF, Bank deposits and Withdrawals etc)
MM024 School fees payments Total number of p2b transactions for School fees payments
MM025 Loans Total number of p2b transactions for Loans
MM026 Savings Total number of p2b transactions for savings
MM027 Betting and Lottery Total number of p2b transactions for Betting and Lottery
MM028 Others (please specify)
Total value of Transactions
MM029 Paying bills Total monetary value of transactions for paying bills
MM030
Financial services (SACCOS, Insurance, NSSF, Bank deposits
and Withdrawals etc)
Total monetary value of transactions for Financial services (SACCOS, Insurance, NSSF, Bank deposits and
Withdrawals etc)
MM031 School fees payments
Total monetary value of transactions
for School fees payments
MM032 Loans
Total monetary value of transactions
for Loans
MM033 Savings
Total monetary value of transactions
for savings
MM034 Betting and Lottery Total monetary value of transactions for Betting and Lottery
MM035 Others (please specify)
72
TEL026
Interconnect Ageing Reports
in UGX
PSP,
NTO
Operator
Name
Last traffic period
National partner
Current Month (net due)
30 days
60 days
90 days
120 days + Outstanding
Partner A -
Partner B -
Partner C -
Partner D -
Partner E -
Partner F -
-
- - -
- -
ONA direct partner Current Month
30 days
60 days
90 days
120 days + Outstanding
HANDSETS
TEL023
Number of Smart
phone registered on the network
Number of Smart phone registered on the network
TEL024
Number of Feature
phones registered on the network
Number of Feature phones registered on the network
TEL025 Number of other data devises
Number of other data devises (dongles, routers, tracking devices, mifi, etc)
TAX (UGX)
TAX001
Excise tax on International Incoming Traffic
Total amount of Excise tax on International Incoming Traffic
TAX002 Excise tax on OTT services
Total amount of Excise tax on OTT services
Interconnect aging report (attachment)
73
Partner A
Partner B
Partner C
-
-
- -
- -
-
-
- -
- -
Revenues
REV001 Interconnect calls revenue Revenue generated from interconnections
REV002 Outgoing calls revenue Revenue generated from outgoing calls
REV003 SMS revenue Revenue generated from sms services
REV004 VAS and digital revenue Revenue generated from VAS and digital services
REV005 Leased lines revenue Revenue generated from leased lines
REV006 Data revenue Revenue generated from Data/internet services
REV007 Mobile financial services revenue
Revenue generated from mobile financial services
REV008 Wholesale services revenue
Revenue generated from wholesale
services
REV009 Device sales revenue Revenue generated from sale of devices
REV010 Roaming revenue
Revenue generated from Roaming
services
REV011 Others (specify) Specify other sources of revenue
REV012 Total gross revenue Total gross revenue
Cost
COST001 Total Capex Total Capital expenditure
COST002 Total Opex Total Operational expenditure
Wholesale
WS001
Total international
bandwidth (from International provider)
Total capacity of international internet bandwidth in STMs per carrier
(international). Provide details and capacity of various bandwidth carriers
WS002
Total international
bandwidth -satellite
Total capacity of international internet bandwidth in MHZs per carrier. Provide details and capacity of various
bandwidth carriers
74
WS003
Total international bandwidth (from local provider)
Total capacity of international internet
bandwidth in STMs per carrier(local). Provide details and capacity of various bandwidth carriers
WS004 Total local bandwidth capacity
The wholesale internet bandwidth capacity from domestic carriers/other
domestic networks by downlink and uplink in Mbps
WS005
Total distance of fiber
owned (km) Total distance of fiber owned
WS006 Distance of fiber owned (km) per region
Distance of fiber owned (km) per region (provide coverage map in GIS)
WS007 wholesale internet Price lists (STM) wholesale internet Price lists (STM)
WS008
Distance of fibre leased to other licensees (km) per region
Distance of fibre leased to other licensees (km) per region
WS009
Distance of fibre leased from other licensees (km)
per region
Distance of fibre leased from other
licensees (km) per region
Staffing
STAFF001 Total staff number
Total number of staff employed by the
licensee
STAFF002 Male staff (local)
Total number of male Uganda nationals
employed by the licensee
STAFF003 Female staff (local)
Total number of female Uganda
nationals employed by the licensee
STAFF004 Full time staff (male)
Total number of male staff employed by
the licensee on full time
STAFF005 Full time staff (female)
Total number of female staff employed
by the licensee on full time
STAFF006 Part time staff (male) Total number of male staff employed by the licensee on part time
STAFF007 Part time staff (female) Total number of female staff employed by the licensee on part time
STAFF008 Foreign staff (male) Total number of male staff (non-Ugandan) employed by the licensee
STAFF009 Foreign staff (female) Total number of female staff (non-Ugandan) employed by the licensee