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Tanzania Communications Regulatory Authority

THE TANZANIA COMMUNICATIONS REGULATORY


AUTHORITY ACT, 2003

ARRANGEMENT OF SECTIONS

PART I
PRELIMINARY PROVISIONS

Section Title

1. Short title.
2. C o m m e n c e m e n t .
3. Interpretation.
P A R T 11
THE AUTHORITY

4. Establishment ofthe Authority.


5. Duty ofthe Authority.
6. Functions ofthe Authority.
7. E s t a b l i s h m e n t ofthe Board
8. Nomination Committee and nominations.
9. Functions ofNomination Committee.
10. Code of conduct.
1 1 . Conflicts ofinterest
12. Removal of members
13. The Director-General.
14. Directors, consultants and other staff.
p a r t m
P O W E R S AND P R O C E E D I N G S OF THE AUTHORITY

15. General powers


16. Power to set rates and charges.
17. Power to obtain information, documents and evidence.
18. Power to hold inquiries.
19. Competition policy and contraventions of competition legislation.
20. Authority may sit in Division.
21. Delegation.
22. Consultation with c o n s u m e r s , industry and government.
23. Public Register.
24. Confidentiality.
2 No. 12 Tanzania Communications Regulatory Authority 2003

P A R T IV

C O N T E N T COMMTTTEE AND ITS F U N C T I O N S

25. Definitions.
26. Establishment of Content Committee.
27. Powers and functions ofthe Content Committee.
28. Power ofthe Minister.
29. Meeting and Procedures ofthe Committee.
30. Powers ofthe Authority in relation to the Committee.
P A R T V

T H E TANZANIA B R O A D C A S T I N G S E R V I C E S (TUT)

3 1. Establishment of Tanzania Broadcasting Services.


32. Functions ofthe Authority in relation to the Tanzania Broadcasting
Services.
P A R T VI

REVIEW AND APPEALS P R O C E D U R E S

33. Review Panel.


34. Decision m a d e under delegated power.
35. Decision be placed on the public Register.
36. A p p e a l t o the Competition Tribunal against decisions ofthe
Authority.
P A R T vn

THE COUNCIL

37. Establishment ofthe Council.


38. Powers and functions ofthe Council.
39. Funds ofthe Council and a n n u a l report.
P A R T vm

COMPLAINTS AND D I S P U T E R E S O L U T I O N

40. Complaints.
41. Procedure and power ofthe authority.
42. Appeals to the Fair Competition Tribunal.
43. Inconsistency with sector legislation.
44. Inconsistency with other law.
No. 12 Tanzania Communications Regulatory Authority 2003 3

P A R T rx
E N F O R C E M E N T AND COMPLIANCE

45. Compliance.
46. Declaration.
47. Regulations and Rules.
48. Offences
P A R T X

FINANCIAL P ROVIS IONS

49. Funds of the Authority.


50. Surplus funds.
5 1. Accounts and financial audit.
52. Performance audit.
53. Annual report.
54. Budget.
P A R T X I

TRANSITIONAL AND MISCELLANEOUS PROVISIONS

55. TransitionalProvisisons and Savings.


56. Transfer of a s s e t s and liabilities.
57. Continuation and completion of disciplinary proceedings.
58. Rights o f e m p l o y e e s .

PART XI 1
AMENDMENT O F THE TANZANIA COMMUNICATIONS ACT, 1993

59. Construction.
60. Amendment ofthe long title.
6 1. Amendment of section 2.
62. R e p e a l of section 3.
63. R e p e a l of section 4.
64. R e p e a l of section 6\
65. R e p e a l of section 1 0 .
66. R e p e a l o f section I OA.
67. R e p e a l of section 22.
68. Repeal of Part V I 1 .
69. R e p e a l of First and Third S c h e d u l e s .
4 No. 12 Tanzania Communications Regubtory Authority 2003

AMENDMENT O F THE B R O A D C A S T I N G S E R V I C E S ACT, 1993

70. Construction.
7 1. Amendment ofthe long title.
72. Amendment of section 2.
73. Amendment of section 3.
74. R e p e a l of section 5.
75. R e p e a l of section 6\
76. R e p e a l of Part V.
77. R e p e a l ofthe Schedule.

A M E N D M E N T O F THE TANZANIA P O S T S C O R P O R A T I O N ACT, 1993

78. Construction.
79. Amendment of section 2.
80. Amendment of section 7.

SCHEDULES

FIRST SCHEDULE

THE B O A R D O F D I R E C T O R S O F THE A U T H O R H Y

S E C O N D SCHEDULE

THE NOMINATION COMMITTEE


No. 12 Tanzania Communications Regulatory Authority 2003 5

T H E U N I T E D R E P U B L I C O F TANZANIA

No. 12 OF 2003
ASSENT,

President

23rd May, 2 0 0 3

An Act to establish the Tanzania Communications Regulatoiy


Authority for the purpose of regulation of telecommunications,
broadcasting, postal services; to provide forallocation and
management of radio spectrum, covering electronic technolo
gies and other Information and Communication Technologies
(ICT) applications and to provide for its operation in place of
former authorities and forrelated matters.

[ ]

ENACTED by Parliament ofthe United Republic of Tanzania.

PARTI
PRELIMINARY PROVISIONS

Short title 1. This Act may be cited as the Tanzania Communications Regulatory
Authority Act, 2003.

Com 2. - (1) This Act shall come into operation on such date as the Minister
mence
m e n t and
may, by notice published in the Gazette, appoint.
Applica
tion (2) The Minister may appoint different dates for the c o m m e n c e m e n t
of different parts or provisions ofthis Act.
6 No. 12 Tanzania Communications Regulatory Authority 2003

(3) This Act shall apply to Mainland Tanzania as well as Tanzania


Zanzibar.

(4) With r e s p e c t to broadcasting and content matters, this Act shall


not apply to Tanzania Zanzibar.
3. In this Act unless the context requires otherwise - interpre
tation
"annual report" m e a n s the a n n u a l report ofthe Authority referred to in
section 53;
"Authority" m e a n s the Tanzania Communications Regulatory Authority
established by section 4;
"Board" m e a n s the Board of Directors ofthe Authority referred to in
section 7.
" C h a i r m a n " m e a n s the C h a i r m a n o f t h e B o a r d referred to in section
7(l)(a), a n d includes the Vice C h a i r m a n a n d a n y o t h e r p e r s o n
performing the functions ofthe Chairman;
"code of conduct" m e a n s a code of conduct adopted by the Authority in
accordance with section 10(1);
" C o m m i t t e e " m e a n s a c o m m i t t e e o f t h e Authority e s t a b l i s h e d u n d e r
section 20;
"Commission" m e a n s the Fair Competition C o m m i s s i o n e s t a b l i s h e d
u n d e r section 62 ofthe Fair Competition Act, 2 0 0 3 ;
"Council" m e a n s the TCRA C o n s u m e r Consultative Council established
by section 37;
"Consultation" m e a n s "notify or s e e k views ofthe other party or pBrson ,
" D i r e c t o r - G e n e r a l " m e a n s t h e D i r e c t o r - G e n e r a l o f t h e Authority
appointed u n d e r section 13;
"Divisional Director" m e a n s a Divisional Director a p p o i n t e d u n d e r
section 14;
"exclusivity of l i c e n c e " m e a n s a n y l i c e n c e condition g r a n t e d to a
licensee or operator to provide certain services thereby provided in
the licence in exclusion of other operators fora numberofyears specified
in the lisenee;
" Internal Review Committee" m e a n s the Committee appointed by the
Authority pursuant to section 34;
"inquiry" means an inquiry instituted by the Authority pursuant to section 18;
"Licence" m e a n s a licence i s s u e d u n d e r t h e provisions ofthis Act a n d
sector legislation;
"member" m e a n s any m e m b e r of the Board and includes the Chairman
and the Director-General;
Tanzania Communications Regulatory Authority 2003 7
"Minister" m e a n s the Minister responsible for Communications except
in relation to content regulation and broadcasting services;

" P e r m a n e n t Secretary, m e a n s the P e r m a n e n t Secretary ofthe Ministry


for the time being responsible for the Authority;
"Public Register" m e a n s the Public Register ofthe Authority, kept by
the Authority pursuant to section 2 3 ;
"regulated g o o d s " m e a n s any equipment produced, supplied or offered
for supply or for use in a regulated sector and includes any goods the
Authority declares under section 4 6 ;
"regulated sector" m e a n s telecommunications, broadcasting, postal
services, allocation and management of radio spectrum and converging
electronic technologies including the internet and other Information
Communication and Technologies (ICT) applications.;
"regulated services" m e a n s any services supplied or offered for supply
in a r e g u l a t e d s e c t o r a n d i n c l u d e s s e r v i c e s w h i c h the Authority
declares to be such services under section 4 6 ;
"regulated supplier" m e a n a n y p e r s o n e n g a g i n g in activities in or in
c o n n e c t i o n with a r e g u l a t e d s e c t o r a n d includes service provider,
o p e r a t o r l i c e n c e o r a n y o t h e r a n y p e r s o n w h o m t h e Authority
declares u n d e r section 4 6 to be such supplier;
"Review panel" m e a n s the review p a n e l established u n d e r section 3 3 ;
" S e c r e t a r y " m e a n s a S e c r e t a r y to the Authority a p p o i n t e d u n d e r
section 14 (8);
"sector legislation" m e a n s any legislation related to the regulated sector
or services;
"sector Minister" m e a n s the Minister for the time being responsible for
a regulated sector;
" Internal Review Committee" m e a n s the Committee appointed by the
Authority pursuant to section 3 4 ;
" s t a n d a r d s " i n c l u d e s t e c h n i c a l a n d safety s t a n d a r d s relating to t h e
context of telecommunications, broadcasting, postal and information
communications sectors;
"Tribunal" m e a n s the Fair Competition Tribunal established by section
8 3 ofthe Fair Competition Act, 2 0 0 3 ;

PART 11
THE A U T H O R I T Y

Estab 4. - (1) There is e s t a b l i s h e d a b o d y to b e known as the T a n z a n i a


lishment C o m m u n i c a t i o n s R e g u l a t o r y Authority a l s o k n o w n by its a c r o n y m
ofthe "TCRA "
Authority
8 No. 12 Tanzania Communications Regulatory Authority 2003

(2) The Authority shallbe a body corporate with perpetual succession


and a common s e a l and shall, in its corporate n a m e , be capable of-
(a) suing and being sued;
(b) acquiring, holding and disposing of real and personal property;
(c) exercising the powers and performing the functions conferred
upon it by or u n d e r this Act;
(d) entering into any contract or o t h e r t r a n s a c t i o n , a n d doing or
suffering to do all s u c h o t h e r a c t s a n d things which a b o d y
corporate m a y la w&Uy perform, do or suffer to be d o n e .
(3) T h e c o m m o n s e a l o f t h e Authority s h a l l b e duly affixed if
w i t n e s s e d u n d e r h a n d by the Director-General or the S e c r e t a r y of the
Authority and any other person duly authorized on that behalf
(4) A document in writing recording acts or decisions ofthe Authority
may be executed or authenticated on behalf of the Authority underthe hand
ofthe Chairman, the Director-General or the Secretary ofthe Authority
(5) Judicial notices shallbe taken ofthe common seal of the Authority and
any document executed or authenticated in accordance with this section.
(6) Notwithstanding the preceding provisions ofthis section, and the
Authority having the status of a body corporate, the Attorney-General
shall h a v e the right to intervene in a n y suit or m a t t e r instituted by or
against the Authority.
(7) Where the Attorney-General intervenes in any matter in p u r s u a n t
ofsubsection (6), the provisions ofthe Government Proceedings Aotp. i 6 o f
1 9<
1967, shall apply in relation to the proceedings of that suit or matter a s if
it h a d b e e n instituted by or against the Government.
5. It s h a l l b e t h e d u t y o f t h e A u t h o r i t y t h a t in c a r r y i n g o u t ifo^y o f

functions it shall strive to e n h a n c e the welfare of Tanzania society thy-


(a) promoting effective competition and economic efficiency; Authority
(b) protecting the interest of consumers;
(c) protecting the financial viability of efficient suppliers;
(d) promoting the availability ofregulated services to all consumers
including low income, rural and disadvantaged c o n s u m e r s ;
(e) enhancing public knowledge, a w a r e n e s s and understanding of
the regulated sectors including -
(i) the tights and obligations of consumers and regulated suppliers;
(ii) the ways in which complaints and disputes may be initiated
and resolved;
(iii) the duties, functions and activities ofthe Authority.
No. 12 Tanzania Communications Regulatory Authority 2003 9

(f) t a k i n g into a c c o u n t t h e n e e d to p r o t e c t a n d p r e s e r v e t h e
environment.

Functions 6. - (1) The functions ofthe Authority shallbe -


ofthe Au
thority
(a) to perform the functions conferred on the Authority by sector
legislation;
(b) subject to sector legislation -

(i) to issue, renew and cancel licences;


(ii) to e s t a b l i s h s t a n d a r d s for r e g u l a t e d g o o d s a n d r e g u l a t e d
services;
(iii) to establish standards for the terms and conditions of supply
ofthe regulated goods and services;
(iv) to regulate rates and charges;
(v) to make rules for carrying out the purposes and provisions of
this Act a n d the sector legislation;
(c) to monitor the performance ofthe regulated sectors including in
relation to -

(i) levels of investment;


(ii) availability, quality and standards of services;
(iii) the cost of services;
(iv) the efficiency of production and distribution of services, and
(v) other matters relevant to the Authority;

(d) to facilitate the resolution of complaints and disputes;


(e) to take over and continue carrying out the functions formerly of
the Tanzania Communications Commission and Tanzania Broad
casting Commission;
(f) to disseminate information about matters relevant to the functions
ofthe Authority;
(g) to consult with other regulatory authorities or bodies or institutions
discharging functions similar to t h o s e ofthe Authority in the
United Republic of Tanzania a n d elsewhere;
(h) to administer this Act;
(i) to perform such other functions as m a y b e conferred on the
Authority by this Act or any other law.
(2) The Authority shall not perform its functions in contravention of
any international a g r e e m e n t to which the United Republic is a party.
10 No. 12 Tanzania Communications Regulatory Authority 2003

(3) In the performance of its functions, the Authority shall not award
or c a n c e l a l i c e n c e with a n exclusivity p e r i o d or u n i v e r s a l s e r v i c e
obligations or having a term of five or more years without prior consul
tation with the Minister and the relevant sector Minister.

(4) In addition to the preceding provisions ofthis section, the Minister


m a y from time to time as occasion n e c e s s i t a t e s it, give to the Authority
directions of a specific or g e n e r a l c h a r a c t e r on specific i s s u e s , o t h e r
t h a n in relation to the d i s c h a r g e o f t h e regulatory function, arising in
relation to any sector, forthe p u r p o s e of securing the effective perfor
mance by the Authority of its policy, functions and compliance with the
code of conduct.

(5) Any direction given by the Minister in accordance with subsection


(4) shallbe in writing and published in the Government Gazette.
Estab-
7.- (1) T h e r e is h e r e b y e s t a b l i s h e d a B o a r d w h i c h s h a l l b e tlWiment
0
governing body ofthe Authority and shall consist of s e v e n m e m b e r s ^
B o a r d
follows -

(a) a Chairman and Vice-Chairman who s h a l l b e non-executive;


(b) four non-executive m e m b e r s ;
(c)the Director-General appointed under section 13.

(2) The Chairman and the Vice-Chairman shallbe appointed by the


P r e s i d e n t on basis ofthe principle that where the Chairman hails from
one part ofthe Union, the Vice-Chairman s h a l l b e a p e r s o n who hails
from the other part of the Union.
(3) The four n o n - e x e c u t i v e m e m b e r s s h a l l b e a p p o i n t e d by the
Minister after consultation with the sector Ministers.
(4) The appointment will be m a d e from the respective lists of short
listed candidates submitted by Nomination Committee.

(5) In o r d e r to maintain impartiality of the Authority a n d for the


purpose ofavoiding conflict of interest, a p e r s o n s h a l l n o t b e qualified
for appointment as a m e m b e r of the Authority if owing to the nature of
the office he holds is likely to exert influence on the Authority.

(6) The members ofthe Board shallbe paid such fees and allowances
as m a y be determined by the Minister on the advice ofthe Authority.
No. 12 Tanzania Communications Regulatory Authority 2003 11

(7) The provisions ofthe First Schedule to this Act shallhave effects
as to the composition ofthe Board, the tenure of office of its m e m b e r s ,
terminations of their appointment, the proceedings ofthe Board and other
matters in relation to the Board and its m e m b e r s .

Nomina- 8. (1) There is established a Nomination Committee which s h a l l b e


tion comprised of-
Commit
a t n e
tee and ( ) P e r m a n e n t S e c r e t a r y o f t h e Ministry for the time b e i n g
Nomina- responsible for the Authority, who shallbe the Chairman ofthe
tion Committee;
(b) the Permanent Secretary for the time being responsible for public
broadcasting and content matters;
(c)two other persons representing the private sector nominated in
accordance with subsection (2);
(d) one other p e r s o n representing the public sector nominated by
the Minister.

(2) One ofthe two persons referred to in subsection (l)(c) shallbe


nominated from a legally recognized body representative ofthe private
sector, and the other person s h a l l b e nominated by the Council.

(3) The Council a n d the body representing the private sector shall
both consult as widely as possible with industry organization before
nominating any person under subsection (2).

(4) The Authority s h a l l p a y all such allowances, fees and any other
e x p e n s e s incurred by the Nomination Committee, consultants or any
other p e r s o n in the c o u r s e of his duties to the Authority, as it m a y be
approved by the Minister from time to time.

(5) The proceedings and other matters in relation to the Nomination


Committee s h a l l b e as provided for in the First Schedule to this Act.

Functions 9. - (1) The functions o f t h e N o m i n a t i o n C o m m i t t e e s h a l l b e to


of invite application scrutiny a n d shortlisting p e r s o n s w h o a p p l y for
Nomma- appointment as members ofthe Board of Directors and Director-General
commit- ofthe Authority.
t e e
(2) The Nomination Committee may take such actions as are reasonable
n e c e s s a r y to identify and attract the b e s t candidates by advertising.
12 No. 12 Tanzania Communications Regubtory Authority 2003

(3) The Authority shall pay from its funds e x p e n s e s incurred by the
Nomination Committee in the course ofthe discharge ofits duties.

(4) The Nomination Committee shall submit to:

(a) the Minister, five names of persons to be forwarded to the President


by the Minister to be considered for appointment as Chairman
and Vice-Chairman;
( b ) t h e Minister, e i g h t n a m e s of p e r s o n s to b e c o n s i d e r e d for
appointment as m e m b e r s ofthe Authority;
(c) t h e Minister, t h r e e n a m e s of p e r s o n s to b e c o n s i d e r e d for
appointment as the Director-General ofthe Authority.

(5) The Minister, before submitting the n a m e s to the President for


consideration for a p p o i n t m e n t of a C h a i r m a n a n d Vice C h a i r m a n or
before h e c o n s i d e r s n a m e s for a p p o i n t m e n t of M e m b e r s or Director
General ofthe Authority shall, first consult with the Minister responsible
for public broadcasting and content matters.

I O.-(l) Within the first twelve months from the c o m m e n c e m e n t of Code of


this Act, t h e Authority s h a l l a d o p t a c o d e o f c o n d u c t p r e s c r i b i n g conduct
s t a n d a r d s of behavior to be o b s e r v e d by the m e m b e r s and e m p l o y e e s
ofthe Authority in the performance oftheir duties.

(2) S u b j e c t to s u b s e c t i o n (1) before finally a d o p t i n g a c o d e of


conduct the Authority shall -

(a) publish a draft ofthe code in the Gazette and in the Public Register;
and
(b) hold an inquiry.

(3) The Authority shall place on the Public R e g i s t e r a copy ofits


code of conduct, and shall include in it an a n n u a l report on compliance
with the code.

(4) The code of c o n d u c t a d o p t e d or prescribed u n d e r this section


shallbe binding to the Board Members and employees ofthe Authority,
and may be a m e n d e d from time to time.
No. 12 Tanzania Communications Regulatory AuthoM$3 13

(5) A m e m b e r or employee ofthe Authority who is subject to this


Act s h a l l b e considered to have b r e a c h e d the code if-

(a) he fails without r e a s o n a b l e c a u s e to m a k e declarations of his


interests as required; or
(b) he knowingly makes a declaration false or misleading in material
particulars thereby affecting the decision.

Conflict 11. -(I) A m e m b e r or employee ofthe Authority shallbe considered


of to have a conflict of interest for the p u r p o s e s ofthis A c t i f h e acquires
inte re s t
a n y p e c u n i a r y or o t h e r i n t e r e s t t h a t could conflict with t h e p r o p e r
performance of his duties as a m e m b e r or employee ofthe Authority.

(2) W h e r e at any time a m e m b e r ofthe Authority h a s a conflict of


interest in relation to -

(a) any matter before the Authority for consideration or determination;


or
(b) any matter the Authority could reasonably expect might come
before it for consideration or determination.
the m e m b e r shall immediately disclose the conflict of interest to the
other m e m b e r s ofthe Authority and refrain from taking part, or any
further part, in the consideration or determination ofthe matter.

(3) Where the Authority becomes aware that a member has a conflict
of interest in relation to any matter which is before the Authority, the
Authority shall direct the m e m b e r t o refrain from taking part, ortaking
any further part, in the consideration or determination ofthe matter.

(4) If the Chairman h a s a conflict of interest he shall, in addition to


complying with the other provisions ofthis section, disclose the conflict
to the Minister by written notice.

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


m u s t make a determination as to whether in future the conflict is likely
to interfere significantly with the proper a n d effective performance of
the functions and duties ofthe m e m b e r or the Authority and the m e m b e r
with the conflict of interest shall not vote on this determination.
14 No. 12 Tanzania Communications Regulatory Authority 2003
(6) W h e r e the Authority d e t e r m i n e s t h a t the conflict is likely to
interfere significantly with the member's proper and effective performance
as provided for in s u b s e c t i o n (5), the m e m b e r shall resign, e x c e p t if
within the next thirty days the member eliminates the conflict to the satis
faction ofthe Authority within thirty days.

(7) The Authority shall report to the Minister any determination by


the Authority t h a t a conflict is likely to interfere significantly with
performance as above and whether or not the conflict has been eliminated
to the satisfaction ofthe Authority.

(8) The a n n u a l report ofthe Authority shall disclose details of all


conflicts of interest a n d the determinations arising during the period
covered by the report.

12.- (1) The P r e s i d e n t m a y , acting u p o n a n y advice given by tij&movai


Minister after consultation with the relevant sector Minister, removeoa
m e m b e r from office at any time if- members
from
(a) the m e m b e r is declared bankrupt; office
(b) the m e m b e r is convicted of a criminal offence;
(c) the m e m b e r is in conflict of interest;
(d) the m e m b e r is incapable of carrying out the m e m b e r ' s duties
b e c a u s e of ill health or physical or mental impairment;
(e) h e fails to a t t e n d a t l e a s t two thirds of all m e e t i n g s o f t h e
Authority in a period of consecutive twelve m o n t h s .
(2) A member ofthe Board, including the Chairman and the Director-
G e n e r a l , a s well as a n e m p l o y e e o f t h e Authority, shall not, during a
period of eighteen months after the expiration or termination ofthe term
of office or service within the Authority -

(a) enter into any contract of employment with, or contract for the
s u p p l y of s e r v i c e s to, a n y p e r s o n or o r g a n i z a t i o n u n d e r the
jurisdiction o f t h e Authority d u r i n g t h e m e m b e r ' s t e r m o f
office or employee's service with the Authority.
(b) acquire or hold any financial interest, whether as any employee,
partner, shareholder, officer or joint venture, in any business or
organization supplying services to any p e r s o n or organization
under the jurisdiction ofthe Authority during the member's term
of office or employee's service with the Authority.
14 No. 12 Tanzania Communications Regulatory Authority 2003
(6) W h e r e the Authority d e t e r m i n e s t h a t the conflict is likely to
interfere significantly with the member's proper and effective performance
as provided for in s u b s e c t i o n (5), the m e m b e r shall resign, e x c e p t if
within the next thirty days the member eliminates the conflict to the satis
faction ofthe Authority within thirty days.

(7) The Authority shall report to the Minister any determination by


the Authority t h a t a conflict is likely to interfere significantly with
performance as above and whether or not the conflict has been eliminated
to the satisfaction ofthe Authority.

(8) The a n n u a l report ofthe Authority shall disclose details of all


conflicts of interest a n d the determinations arising during the period
covered by the report.

12.- (1) The P r e s i d e n t m a y , acting u p o n a n y advice given by t h & v a i m 0

Minister after consultation with the relevant sector Minister, removeoa


m e m b e r from office at any time if- members
from
(a) the m e m b e r is declared bankrupt; office
(b) the m e m b e r is convicted of a criminal offence;
(c) the m e m b e r is in conflict of interest;
(d) the m e m b e r is incapable of carrying out the m e m b e r ' s duties
b e c a u s e of ill health or physical or mental impairment;
(e) h e fails to a t t e n d a t l e a s t two thirds of all m e e t i n g s o f t h e
Authority in a period of consecutive twelve m o n t h s .
(2) A member ofthe Board, including the Chairman and the Director-
G e n e r a l , a s well as a n e m p l o y e e o f t h e Authority, shall not, during a
period of eighteen months after the expiration or termination ofthe term
of office or service within the Authority -

(a) enter into any contract of employment with, or contract for the
s u p p l y of s e r v i c e s to, a n y p e r s o n or o r g a n i z a t i o n u n d e r the
jurisdiction o f t h e Authority d u r i n g t h e m e m b e r ' s t e r m o f
office or employee's service with the Authority.
(b) acquire or hold any financial interest, whether as any employee,
partner, shareholder, officer or joint venture, in any business or
organization supplying services to any p e r s o n or organization
under the jurisdiction ofthe Authority during the member's term
of office or employee's service with the Authority.
No. 12 Tanzania Communications Regulatory Authority 2003 15

The 13.- (1) There shallbe a Director-General ofthe Authority who shall
Director \j appointed by the Minister from a m o n g s t a list of n a m e s submitted by
Q

General the Nomination Committee.

(2) Aperson shall not be qualified for appointment as Director-General


unless he -

(a) is a graduate o f a recognized university;


(b) p o s s e s s e s at l e a s t ten y e a r s experience in one or more ofthe
fields of m a n a g e m e n t , law, economics, finance or engineering;
(c) has knowledge and experience ofthe communications sectors;
(d) is willing to serve as the Director-General.

(3) The Director-General s h a l l b e appointed to serve on such terms


a n d conditions as shall be s e t out in the letter of his appointment or as
may from time to time be determined by the Board of Directors with the
approval of the Minister.

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


the Authority and shall not e n g a g e in any other paid employment.

(5) The Director-General shall not participate in any deliberations or


decisions ofthe Board relating to his terms and conditions of employment.

(6) The D i r e c t o r - G e n e r a l s h a l l b e r e s p o n s i b l e f o r t h e day-to-day


operations ofthe Authority, subject to the directions ofthe Board.

Directors, 14. - (1) There shallbe employed by the Authority, Divisional Directors
consult
e a c h with responsibilities for a particular sector.
ants and
other
staff (2) The Authority shall appoint a person as Divisional Director only
if he shall have provable knowledge and appropriate experience in rela
tion to the relevant sector.

(3) A Divisional Director appointed under subsection (2) shall serve


the Authority for a term of five years and m a y be re-appointed for such
term or terms as the Authority d e e m s fit.
16 No. 12 Tanzania Communications Regubtory Authority 2003
(4) There shall be employed by the Authority s u c h other officers,
staff and e m p l o y e e s ofthe Authority of such n u m b e r a n d titles as m a y
be n e c e s s a r y for the efficient discharge ofthe functions ofthe Authonty,
and on such terms and conditions as m a y b e determined by the Board.

(5) T h e Authority s h a l l a p p o i n t c o n s u l t a n t s a n d e x p e r t s o f t h e
Authority in various disciplines on s u c h terms a n d conditions a s the
Authority m a y from time to time determine.

(6) The Authority shall establish a competitive selection procedure


forthe appointment of all e m p l o y e e s , consultants and experts.

(7) The Authority shall comply with the competitive selection procedure
e s t a b l i s h e d u n d e r s u b s e c t i o n (6) w h e n e v e r it a p p o i n t s e m p l o y e e s ,
consultants or experts.
(8) The Authority shall appoint a Secretary on such terms and con
ditions as it d e e m s fit.

PART hT
P O W E R S AND P R O C E E D I N G S O F THE AUTHORITY

15.- (1) Subject to the provisions ofthis Act, the Authority s h a l k e n e r a l


r s
h a v e p o w e r to do all things which are n e c e s s a r y for or in c o n n e c t i W
with the p e r f o r m a n c e of its functions or to e n a b l e it to d i s c h a r g e its
duties.

(2) Without limiting the powers conferred under subsection (1), the
Authority shall also have the following powers -

(a) such powers as may be conferred on it by sector legislation;


(b) the power to appoint an administrator to m a n a g e the business of
a regulated supplier whose licence to operate has b e e n cancelled
as m a y be provided u n d e r sector legislation.

16.- (1) Subject to the provisions of s e c t o r legislation a n d licences Powers to


g r a n t e d u n d e r the legislation, the Authority shall carry o u t reviews of regulate
r a t e s a n d
rates and charges.
charges
(2) In making any determination with regards to regulating rates and
c h a r g e s , the Authority shall take into consideration-
No. 12 Tanzania Communications Regubtory Authority 2003 17

(a) the c o s t s of m a k i n g , p r o d u c i n g a n d supplying the g o o d s or


services;
(b) the desire to promote competitive rates and attract the market;
(c) any relevant benchmarks including international benchmarks for
prices, costs and return on a s s e t s in comparable industries;
(d) the financial implications ofthe determination;
(e) the consumer and investor interest;
(f) the return on assets in the regulated sector;
(g) any other factor specified in relevant sector legislation;
(h) any other factors the Authority considers relevant.

(3) The Authority shall publish in the G o v e r n m e n t Gazette all the


rates tariffs and charges regulated by the Authority.

P o w e r to 17. - (1) Where the Authority has r e a s o n s to believe that a person is


obtain c a p a b l e of supplying information, p r o d u c i n g a d o c u m e n t or giving
inforina- 7. . . . . _ _
e v i d e n c e t h a t m a y a s s i s t in the p e r f o r m a n c e or a n y or its functions,
docu- any officer ofthe Authority may, by summons signed by the a Director-
ments General or Secretary ofthe Authority served on that person, require that
and person -
evidence
(a) to furnish the information in writing, signed by him, in the case
of a body corporate, signed by a competent officer ofthe body
corporate;
(b) to produce the document to the Authority;
(c) to a p p e a r before the Authority to give evidence
(2) A summons under this section shall specify the required time and
m a n n e r of compliance.
(3) The Authority m a y require that a n y evidence referred to u n d e r
this section be given on oath or affirmation, and in that c a s e , the Director
General, the Secretary or any officer ofthe Authority m a y administer
the oath or affirmation.

(4) Any person shall not be excused from complying with summons
under this section on the grounds that compliance may tend to incriminate
the person or make the person liable to a penalty, save that information,
d o c u m e n t s and evidence provided in a n s w e r to a s u m m o n s will not be
admissible in any proceedings against the person other than proceedings
under this Act, sector legislation, the Fair Competition Act, 2003 or any
environment protection legislation.
18 No. 12 Tanzania Communications Regubtory Authority 2003

(5) Any person who without lawful excuse, refuses or fails to comply
with a s u m m o n s u n d e r t h i s section, commits an offence and is liable on
c o n v i c t i o n to a fine o f n o t l e s s t h a n t h e e q u i v a l e n t in T a n z a n i a n
shillings of United States dollars five hundred or to imprisonment for a
term not less six months or both such fine and imprisonment.

(6) W h e r e the Authority h a s r e a s o n to believe that a p e r s o n is in


p o s s e s s i o n or control of any information or d o c u m e n t which m a y a s s i s t
in the performance of its functions and that person h a s refused or failed
to supply such information or document, the Director-General, Secretary
or any officer ofthe Authority may apply to the Fair Competition Tribunal
or a c o m p e t e n t court for i s s u a n c e of a w a r r a n t authorizing a police
officer to e n t e r into any p r e m i s e s b e l i e v e d to contain or into which a
document is kept or hidden and conduct search and make copies or take
extracts of documents therein.

(7) On application under subsection (6), the Chairman ofthe Tribunal


or any authorized person, may, on application issue a warrant authorizing
any police officer to forcibly enter the p r e m i s e s to conduct the s e a r c h
and make copies or take extracts of documents there in.

(8) Any person, who knowingly gives false or misleading information


or evidence in purported compliance with a s u m m o n s u n d e r t h i s s e c
tion, commits an offence.

18.- (1) The Authority may conduct an inquiry where it considers it> O W ertc
n e c e s s a r y or desirable forthe purpose ofcarrying out its functions, hold
inquiries

(2) The Authority shall conduct an inquiry before exercising power


to -

(a) grant, r e n e w or c a n c e l a licence with an exclusivity period or


universal service obligation;
(b) regulate any rates or charges;
(c) adopt a code of conduct.

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


conducted, on any specified subject matter of the inquiry, the Authority
shall conduct the inquiry.
No. 12 Tanzania Communications. Regulatory Authority 2003 19

(4) The Minister may specify in a direction under section (3) a time
within which the Authority shall submit its report following the inquiry
and if so the Authority shall submit its report to the Minister within that
time.

(5) The Authority shall give notice of an inquiry by -

(a) publishing a notice in the G a z e t t e a n d in a daily n e w s p a p e r


circulating generally in Tanzania specifying the purpose ofthe
inquiry, the time within which submissions may be m a d e to the
Authority, the form in which submissions should be m a d e , the
matters the Authority would like the submissions to d e a l with
and, in the c a s e of an inquiry conducted at the direction ofthe
Minister, the Minister's terms of re fere n e e ;
(b) sending written notice ofthe inquiry, including the information
in paragraph (a), to -

(i) service providers known to the Authority whose interests the


Authority considers are likely to be affected by the outcome
ofthe inquiry;
(ii) the C o n s u m e r Consultative Council;
(iii) industry and c o n s u m e r organizations which the Authority
considers may have an interest in the matter.
(iv) the Minister and other Ministers having interest in the matter.

(6) The Minister shall, by order published in the Gazette, make rules
for conducting inquiries u n d e r this section.

Competi- 19. - (1) In carrying out its functions and exercising its powers under
tion this Act, and under sector legislation in relation to particular markets for
policy regulated services, the Authority shall take into a c c o u n t -
and
contra
ventions (a) w h e t h e r the conditions for effective competition exist in the
of law on market;
competi- (b) w h e t h e r any exercise by the Authority is likely to c a u s e a n y
tion
lessening of competition or additional costs in the market and is
likely to be detrimentalto the public;
(c) whether any such detriments to the public are likely to outweigh
any benefits to the public resulting from the exercise ofthe powers.
2 0 N o . 12 Tanzania Communications Regulatory Authority 2003

(2) The Authority shall d e a l with all competition issues which m a y


arise in the course ofthe discharge ofthe functions, and may investigate
and report on those i s s u e s , making appropriate recommendations to the
Commission or any other relevant authority in relation to -

(a) any contravention ofthe Fair Competition Act, 2003 the T a n z a n k c t N o .


3
Bureau of Standards Act, 1975, or any other written law; of 1975
(b) a c t u a l or potential competition in a n y m a r k e t for r e g u l a t e d
services competition or additional c o s t s in the m a r k e t a n d is
likely to be detrimentalto the public;
(c) any determinants likely to result to the members ofthe public.

(3) Subject to the provisions of subsections (1) and (2), the Authority
shall place on the Public Register a copy of any recommendation.

r tnorit
20. - (1) There m a y be established in relation to a matter or m a t t e 4 9 y
o f a particular kind, a Committee ofthe Authority c o m p o s e d of not l e ^ ^ r m u
than two m e m b e r s ofthe Board. t e e

(2) The Authority may direct that some of its powers in relation to a
matter or matters of a particular kind, other than powers the Authority
m a y not delegate u n d e r section 2 1 , be exercised by a Committee ofthe
Authority.

(3) Subject to the provisions of subsection (1), if the Chairman is not


a m e m b e r of a Committee, the Committee shall appoint a m e m b e r to
preside at the meetings ofthe Committee.

(4) A quorum at the meeting o f a Committee shallbe two m e m b e r s .


(5) Except as provided in this section, meetings ofa Committee will
be subject to the s a m e rules as the meeting ofthe Authority

2 1. - (1) The Authority may delegate to a member or an employee Of De ie g a -


the Authonty, either generally or otherwise as provided by the instrument tion
of delegation, any of its powers other than the power of delegation, its
p o w e r s to revoke or vary a d e l e g a t i o n a n d the p o w e r s referred to in
subsection (2).

(2) N o t w i t h s t a n d i n g the p o w e r s c o n f e r r e d to the Authority to


d e l e g a t e , the Authority shall not delegate a n y ofthe following p o w e r s ,
namely, power to -
No. 12 Tanzania Communications Regulatory Authority 2003 21

(a) grant, renew or cancel a licence with exclusivity and universal


obligations;
(b)make any rule or declaration;
(c) fix the method of calculating and reviewing of rates and charges;
(d) make a decision to hold an inquiry;
(e) adopt a report on the results of an inquiry;
(f) adopt a code of conduct;
(g) such other matters as the Minister may by notice in the Gazette
determine.

consuita- 22. - (1) The Authority shall, before the beginning of e a c h y e a r ,


tion with establish an a n n u a l programme for consultation with such p e r s o n s and
consum organizations as the Authority m a y consider n e c e s s a r y or desirable to
ers,
consult for the purpose of effectively carrying out its functions.
industry
and
govem- (2) S u b j e c t to provisions of s u b s e c t i o n (1), the Authority shall
m e n t
supply a copy ofits consultation programme to the Minister and place a
copy on the Public Register.

(3) The Authority shall include in its Annual Report a report on the
implementation ofits consultation programme during the y e a r covered
by the Report.

(4) For the purpose ofthis section, it shallbe the duty ofthe Authority
to establish and identify the persons, organizations and institutions to be
consulted.

Public 23. - (1) There shall be a Public Register kept by the Authority at its
Register principal office, which shall be available for public inspection at all
times during business hours.

(2) There shallbe kept at the sub-office ofthe Authority copies ofthe
Public Register which s h a l l b e accessible for inspection by m e m b e r s of
the public.

(3) The Authority shall from time to time determine the categories of
decisions and information which would be placed on the Public Register
and will notify the Minister accordingly.
2 2 N o . 12 T a n z a n i a C o m m u n i c a t i o n s R e g u l a t o r y Authority 2003

(4) The Authority shall cause to be published in the Gazette as soon


as m a y be practicable -

(a) any code of conduct to be adopted;


(b) any Rules or Regulations;
(c) a summary of any decision by the Authority regulating rates or
charges forthe regulated goods or services;
(d) any other decision or information the Authority m a y decide to
publish in the Gazette.

(5) The Authority shall exclude from the Public Register any document
or p a r t of a d o c u m e n t which is confidential within the provisions of
section 24.

(6) The Authority shall ensure that where possible the Register shall
be accessible to the public by internet.

2 4 . - (1) F o r the p u r p o s e s ofthis Act, a n y p e r s o n w h o gives or Confiden-


discloses a n y material to the Authority, w h e t h e r u n d e r compulsion of tiality
law or otherwise, that person may claim confidentiality in r e s p e c t ofthe
whole or any part ofthe material.

(2) The Authority shall s e t out procedures and publish in the Gazette
on how it will disclose its confidential materials or information.

(3) Any p e r s o n who discloses confidential information otherwise


than as authorized by the Authority, commits a n offence.

PARTIV
C O N T E N T COMMTTTEE A N D ITS F U N C T I O N S

25. In this P a r t -
Defini-
"Charter" m e a n s a n a g r e e m e n t e n t e r e d b e t w e e n the G o v e r n m e n t arid
the Tanzania Broadcasting Services with regard to the provision of
public service broadcasting in the country;
m m e e
"Content C o m m i t t e e " o P i t t ' ' m e a n s a Committee established
under section 26 which shallbe responsible for regulation of broadcast
c o n t e n t t r a n s m i t t e d by a n y b r o a d c a s t i n g station or a n y electronic
communication media as a broadcasting service;
No. 12 Tanzania Communications Regulatory Authority 2003 23

"electronic communication media" m e a n s radiocommunication system


u s e d or intended to be u s e d for radiocommunications;
"Minister" a s u s e d u n d e r this P a r t a n d P a r t V m e a n s t h e Minister
responsible for Public Broadcasting and Content Committee matters;
" r a d i o c o m m u n i c a t i o n " m e a n s a n y t e l e c o m m u n i c a t i o n by m e a n s of
Hertzian or radio w a v e s .

Estab- 26.-(I) There shallbe established by the Minister a Content Committee,


lishment herein this Part referred to as the Committee.
ofthe
e
commit- (V T h Committee shall consist of not more than five m e m b e r s
tee
(a) the Vice Chairman ofthe Authority who shallbe the Chairman
ofthe Committee;
(b) four members appointed by the Minister upon consultation with
the Chairman ofthe Board;
(c) the Committee shall co-opt an expert or any person as it considers
necessary.

(3) In appointing m e m b e r s ofthe committee under section (2), the


Minister s h a l l h a v e regard to appoint persons who -
(a) are graduates of a recognized university;
(b) have at least ten years experience in one or more of management,
law, economics, finance, engineering, information communication
technology, broadcasting, communication or culture;
(c) have knowledge of broadcasting industry;
(d) h a v e satisfied the Minister t h a t t h e y a r e unlikely to h a v e a
conflict of i n t e r e s t u n d e r s e c t i o n 11 a n d will n o t h a v e a n y
financial or o t h e r i n t e r e s t which will b e likely prejudicially
affect the carrying o u t o f a n y functions u n d e r t h i s Part;
(e) are willing to serve as m e m b e r s ;
(f) h a v e r e g a r d to t h e desirability of e n s u r i n g t h a t t h e p e r s o n
appointed is able to represent the interest and opinions of persons
living in all the different parts ofthe country; and
(g) are in the opinion ofthe Minister, otherwise suitable to perform
the functions and duties of a m e m b e r competently and honestly.

Powers 27.-(I) The Committee s h a l l h a v e such powers and functions as the


and Authority m a y determine in the exercise ofthe powers conferred u n d e r
functions sections 5 and 6 ofthe Act and in particular shall -
ofthe
C o n t e nt
Commit-
24 No. 12 Tanzania Communications Regulatory Authority 2003

(a) advise the Sector Minister on broadcasting policy;


(b) monitor and regulate broadcast content;
(c) handle complaints from operators and c o n s u m e r s ; and
(d) monitor broadcasting ethics compliance.

(2) The Committee shall have such functions as the Authority, in the
exercise ofthe powers u n d e r t h i s Part m a y confer to the Committee.

(3) The Authority m a y determine the functions ofthe Committee


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

(a) matters that concern the content of anything which is or may be


b r o a d c a s t or o t h e r w i s e t r a n s m i t t e d b y m e a n s of e l e c t r o n i c
Communications networks; and
(b) the promotion of public understanding of a w a r e n e s s of matters
relating to the publication of matter by m e a n s ofthe electronic
media.

(4) In determining w h a t functions to confer on the Committee, the


Authority shall have in particular regard to the desirability of securing
that the Committee h a v e at l e a s t a significant influence on decisions
which -

(a) relate to the matters mentioned in subsection (3); and


(b) involve the consideration of different interests and other factors
with r e s p e c t to different parts ofthe Mainland Tanzania.

(5) It shall be the duty ofthe Committee to e n s u r e , in relation to-

(a)the carrying out of Authority's functions underthis Part;


(b) the matters with respect to which functions are conferred on the
Authority; and
(c) such other matters mentioned in the Act, as the Authority m a y
determine;
t h a t t h e Authority is a w a r e o f t h e different i n t e r e s t s a n d o t h e r
factors, which in the C o m m i t t e e ' s opinion, n e e d to be t a k e n into
account in r e s p e c t to the different parts ofthe Mainland Tanzania in
relation to the carrying out ofthe Authority's functions.
No. 12 Tanzania Communications Regubtory Authority 2003 25

(6) The Minister may by writing under his hand give the Committee
directions of a general or specific nature and the Committee shall comply
with every such direction.

Powers 28.-(I) The Minister u n d e r this Part, shall exercise his p o w e r s in


ofthe r e s p e c t to m a t t e r s of n a t i o n a l s e c u r i t y , public s a f e t y a n d crisis or
Minister emergency.

(2) It s h a l l b e the duty ofthe Minister when appointing m e m b e r s of


the Content Committee to appoint m e m b e r s who are not e m p l o y e e s of
the Authority or broadcasting organizations.

Meetings 29.-(I) An Ordinary meeting ofthe Committee s h a l l b e four times


and Pro- yearly c o n v e n e d by the C h a i r m a n a n d the notice will i s s u e specifying
cedures of the date, place and time ofthe meeting which shallbe sent to e a c h m e m -
e m

mittee
b e r at his u s u a l p l a c e of b u s i n e s s or r e s i d e n c e n o t less t h a n ten d a y s
before the date ofthe meeting and where the Chairman is unable to act
o r i s absent, the Vice Chairman elected by the m e m b e r s a m o n g s t them
selves shall preside a t t h e meeting.

(2) The Committee shall conduct its extraordinary meeting as often


as n e c e s s a r y for the Committee to transact its b u s i n e s s .

(3) The m e m b e r s ofthe Committee s h a l l b e paid s u c h allowances


a n d fees a s m a y be d e t e r m i n e d by the Minister, on the advice o f t h e
Authority.

(4) No act or proceeding ofthe Committee shallbe invalid by reason


of a n y defect or irregularity in the a p p o i n t m e n t of a n y m e m b e r or by
r e a s o n that any p e r s o n who purported b o n a fide to act as a m e m b e r at
the time ofthe act or proceedings was in fact disqualified or not entitled
to act as a member.

(5) Where any member absents himself from three consecutive meetings
ofthe Committee without sufficient c a u s e , the committee shall advise
the appointing authority ofthe fact a n d the appointing authority m a y
terminate the appointment ofthe m e m b e r and appoint another m e m b e r
in his place.
2 6 N o . 12 Tanzania Communications Regulatory Authority 2003
(6) Subject to this Part, the Committee shall have power to regulate
its own procedure in relation to its meetings a n d the transaction of its
business.

(7) The duration o f t h e Committee m e m b e r s s h a l l b e three y e a r s


from the date of their appointment but, may be eligible for reappointment
for another one term.

30.-(1) The powers ofthe Authority to determine the C o m m i t t e e ' ^ o w e r s


functions i n c l u d e s p o w e r to a u t h o r i z e the C o m m i t t e e to e s t a b l i t o e
n t y
sub-committees and panels to advise the Committee on the c a n y m g ^ t i T
m
of some or all ofthe Committee's functions. , . t

relation
to t h e
o m m i t
(2) The p o w e r ofthe Authority to authorize the establishment of -
sub-Committee or p a n e l by the Committee includes power to authorise
the e s t a b l i s h m e n t of a s u b - C o m m i t t e e or p a n e l that includes p e r s o n s
who are not m e m b e r s ofthe Committee.
PART V
T H E TANZANIA B R O A D C A S T I N G S E R V I C E S (TUT)

31.-(I) There is established under section 4 ofthe Public Corporationstab-


Act, a Tanzania Broadcasting Services in Kiswahiliknown as Taagiiaiment
o f
ya Utangazaji Tanzania known in its acronym TUT.
Ta n z a n i a
Broad-
(2) The functions of T a n z a n i a B r o a d c a s t i n g Services s h a l l b e a . sting

provided for under the Public Corporation (The Tanzania Broadcastingrvices


Services) (Establishment) Order, 2002. G.N. NO.
239 of
2002
32.-(I) It s h a l l b e the functions ofthe Authority to - Functions
ofthe
thorit
(a) ensure that, there is a provision for a charter made between t h ' e y
T a n z a n i a B r o a d c a s t i n g Services a n d the Minister responsible.
. relation
for broadcasting; t o ^
(b) to ensure that, the charter entered between the Tanzania Broa;dn i Zan a

ad
casting Services and the Minister responsible for broadcastBfg "
s n g
e m p o w e r s the T a n z a n i a B r o a d c a s t i n g S e r v i c e s to b e c o n f d ^
II- - I I , Services
public service b r o a d c a s t e r ;
(c) to ensure that the charter empowers the Tanzania Broadcasting
Services to have universal service obligations.
No. 12 Tanzania Communications Regulatory Authority 2003 27

(2) Subject to the provisions ofthis Act, the charter shall prescribe
c a t e g o r i e s of s e r v i c e s to b e provided by the T a n z a n i a B r o a d c a s t i n g
Services such as -

(a) public broadcasting services,


(b) commercial broadcasting services;
(c) community broadcasting services; and
(d) such other broadcasting activities as the Minister responsible
for Broadcasting may determine.
(3) The powers conferred on the T a n z a n i a B r o a d c a s t i n g Services
by a charter may include power to impose penalties by the Authority on
Tanzania Broadcasting Services in r e s p e c t o f a n y contraventions ofthe
charter or ofthe provisions ofthis Part.

(4) The Tanzania Broadcasting Services shall upon conviction be


liable to a fine of not less than five million shillings.

PART VI
REVIEW AND APPEALS P R O C E D U R E S

33. - (1) The Authority shall establish a Review P a n e l which shall at


all times consist of-

(a)two persons who have experience in law for at least ten y e a r s ;


(b) two persons who are graduates ofa recognized university, e a c h
h a v i n g at l e a s t ten y e a r s of e x p e r i e n c e in o n e or m o r e o f t h e
fields of economics, finance, engineering, m a n a g e m e n t , broad
casting or information and communications technologies.

(2) The Authority shall appoint the members ofthe Review P a n e l for
a t e r m n o t e x c e e d i n g five y e a r s on s u c h t e r m s a n d conditions a s the
Authority shall d e e m fit, and shall fill any vacancy on the P a n e l as soon
as is reasonably practical after the v a c a n c y occurs.

(3) The Review P a n e l shallbe the source of persons who may from
time to time be drawn to form the Internal R e v i e w Committee w h o s e
functions are as provided for u n d e r section 34 ofthe Act.
28 No. 12 Tanzania Communications Regulatory Authority 2003

34. - (1) Any p e r s o n aggrieved by any decision m a d e on behalf of Decision


the Authority u n d e r delegated power by - made
under

(a) a Committee ofthe Authority; or power^


(b) one or more members or employees ofthe Authority,
may, within fourteen days after receipt of the record ofthe decision
apply to the Authority for it to review the decision in question.

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


shall appoint an Internal Review Committee which shall consist of -

(a) two members ofthe Review Panel, one of whom shallbe a lawyer
a n d a n o t h e r shall be qualified in the field ofthe subject ofthe
application;
(b) one member ofthe Board who did not participate in the decision
which is the subject ofthe application.

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


post a copy ofthe application for review and a written invitation to make
submissions on the application to the following persons -

(a) the Minister;


(b) the relevant sector Minister;
(c) all persons who make submissions to the Authority in relation to
the decision u n d e r review or who h a v e otherwise indicated to
the Authority an interest in the decision;
(d) the Consumer Consultative Council;
(e) a n y o t h e r p e r s o n s w h o m the C o m m i t t e e c o n s i d e r s s h o u l d
receive notice ofthe application.

(4) The Internal Review Committee shall allow not less than twenty-one
d a y s for s u b m i s s i o n s to b e m a d e in relation to t h e a p p l i c a t i o n for
review.

(5) S u b j e c t to this section, the internal R e v i e w C o m m i t t e e shall


d e t e r m i n e its own p r o c e d u r e a n d s h a l l n o t b e b o u n d by the rules of
evidence.

(6) The Internal Review Committee -


TYo, 12 Tanzania Communications Regulatory Authority 2003 29

(a) shall comply with section 34 and may exercise the powers ofthe
Authority u n d e r that section;
(b) m a y take s u c h s t e p s , including exercising the p o w e r s o f t h e
Authority to o b t a i n information, d o c u m e n t s a n d e v i d e n c e
under section 17, as it deems necessary to inform itself of matters
relevant to the applications for review.

(7) Within three weeks after receipt ofthe submission under subsection
(4), the Internal Review Committee shall consider the application together
with any submissions received, prepare a recommendation and submit
to the Authority for its decision.

(8) The Internal Review Committee may recommend to the Authority


to -
(a) dismiss the application;
(b) sets aside the original decision and make a different decision;
(c) vary the decision; or
(d) set aside the decision and delegate the matter to a Committee or
o n e or more m e m b e r s or officers o f t h e Authority for a fresh
decision without directions as to ways in which that decision
will be m a d e .
(9) The Authority shall make a determination on the recommendation
b y the I n t e r n a l R e v i e w C o m m i t t e e b y a vote o f t h e majority ofits
m e m b e r s a n d m a y either confirm, vary or dismiss the decision subject
of review.

Decision 35.- (1) A decision by a Committee o f t h e Authority, m e m b e r or


be placed employees ofthe Authority shall, if there is no application for its review
on the
in pursuance of section 34, be placed on the Public Register.
Public
Register
(2) W h e r e there is a n application for r e v i e w of a decision o f t h e
Committee of the Authority or of a member or employees of the Authority,
that decision shall not be placed on the Public Register until the application
for review or the a p p e a l to the Fair Competition Tribunal, as the c a s e
m a y b e , is determined.

Appeals 36. - (1) Any p e r s o n aggrieved by the decision ofthe Authority or


to t h e
any other decision m a d e in connection to the p u r p o s e s ofthis Act m a y
Competi
tion
a p p e a l to the Fair Competition Tribunal.
Tribunal
against
decisions
ofthe
Authority
30 No. 12 Tanzania Communications Regulatory Authority 2003

(2) Subject to the provisions ofthe subsection (1), the grounds of


a p p e a l s h a l l b e on the following, that -

(a) the decision m a d e was not b a s e d on evidence produced;


(b) there was an error in law;
(c)the procedures and other statutory requirements applicable to
the Authority were not complied with and the non-compliance
materially affected the determination;
(d) the Authority did not have power to make the determination.

(^Notwithstanding the provisions of sections 3 5, the decision ofthe


Fair Competition Tribunal shall be final.

PART VI1
THE COUNCIL

37. - (1) There is h e r e b y established a Council to be known as tfceab-


TCRA C o n s u m e r Consultative Council. hshme
ofthe
01
(2) The Council shall consist of not less than s e v e n m e m b e r s a n S " "
not more than ten m e m b e r s appointed by the Minister from a m o n g s t a
list of n a m e s provided by m e m b e r s ofthe business community or by an
organization or organizations legally recognized as being representative
of private sector interest.

(3) Tenure of office o f t h e m e m b e r s ofthe Council shall be three


years with effect from the date of appointment.

(4) Before making the appointments of members pursuant to subsection


(2), the Minister shall by notice published in the Gazette and in any newspa
p e r or n e w s p a p e r s circulating widely in the country invite nominations
for appointments and having received them, publish the n a m e s and call
for c o m m e n t s , o b j e c t i o n s or r e p r e s e n t a t i o n s from t h e public c o n
cerned.

(5) In nominating and appointing persons for the Council, the members
ofthe private sector and the Minister shall have regard to the desirability
ofthe Council as a group having knowledge a n d u n d e r s t a n d i n g ofthe
interests of c o n s u m e r s and that ofthe regulated services, including the
interest of-
No. 12 Tanzania Communications Regubtory Authority 2003 31

(a) low income, rural and disadvantaged p e r s o n s ;


(b) industrial and business u s e r s ;
(c) government and community organizations.

(6) The Council shall make its own rules for regulating its procedures
and other matters relating to its functions.

(7) The Minister shall appoint the Chairman and the m e m b e r s shall
elect the Vice Chairman from a m o n g s t their number.

Powers 38.- (1) The Council s h a l l h a v e powers and perform the following
a n d
functions, namely:
oTthlT" 8
(a) to represent the interest of consumers by making submissions to,
council providing views a n d information to a n d consulting with the
Authority, Minister and sector Ministers;
(b) to receive and disseminate information and views on matters of
interestto c o n s u m e r s ofregulated goods and services;
(c) to establish local, regional and sector consumer committees and
consult with them;
(d) to consult with industry, government and other consumer groups
on m a t t e r s o f i n t e r e s t t o c o n s u m e r s o f r e g u l a t e d g o o d s a n d
services.
(2) The Authority shall in the first three years ofthe existence ofthe
Council provide for the secretariat, and thereafter the Council shallhave
its own Secretariat.

(3) The functions ofthe Secretariat s h a l l b e as m a y be directed by


the Council.

(4) The Council s h a l l h a v e p o w e r t o regulate its own procedure in


relation to the performance ofits b u s i n e s s .
(5) Subject to subsections (1), (2) and (3), the Chairman in consulta
tion with the m e m b e r s may convene meetings at least four times a year.

(6) The Chairman shall preside at meetings ofthe Council and in his
a b s e n c e m e m b e r s p r e s e n t may appoint one of their n u m b e r to preside at
the meeting.

(7) A quorum at a meeting ofthe Council shall be four m e m b e r s .


3 2 N o . 12 Tanzania Communications Regulatory Authority 2003

39.- (1) The funds and resources ofthe council shall consist of - F u n d s of
the
u n c i l
(a) s u c h s u m s a s m a y b e a p p r o p r i a t e d b y p a r l i a m e n t for t S e
p u r p o s e s o f t h e C o u n c i l during t h e f i r s t t h r e e y e a r s oftffe ,
1 1
annual
existence ofthe Council; r e p o r t

(b) such sums as may be appropriated from the funds ofthe Authority
forthe purposes ofthe Council;
(c) grants, donations, b e q u e s t s or other contributions.
(2) The Council shall pre scribe procedure forenabling m e m b e r s of
the business community and organizations representative ofthe private
sector to contribute to and b u d g e t for all the meetings a n d transactions
ofthe Council.

(3) The Council shall k e e p books of a c c o u n t a n d maintain proper


records of its operations in accordance with public accounting standards -

(4) The Council shall at any time, and at the e n d of e a c h financialtNo.


y e a r h a v e the a c c o u n t s o f t h e Council audited by a p e r s o n regist3-e>d
72
u n d e r t h e Auditors and Accountants (Registration) Act, 1972 a p p o i n t e d
by the Council on such terms and conditions as the Council May determine.

(5) The Council shall p r e p a r e an a n n u a l report in relation to e a c h


year ended 30 th June and submit it to the Minister before 30th September
in that year.

(6) The a n n u a l report shall provide detailed information regarding


the activities ofthe Council during the previous y e a r e n d e d 30th J u n e
and any additional information requested by the Minister within twenty
eight days of its receipt or on the first available sitting day thereafter, the
Minister shall table in the National Assembly the a n n u a l report ofthe
Council.

(7) subject to subsection (5), the annual report ofthe Council shall
include the financial s t a t e m e n t s o f t h e Council for the immediately
preceding financial year and the auditor's report b a s e d On the aforemen
tioned financial s t a t e m e n t s .
No, 12 Tanzania Communications Regubtory Authority 2003 33

(8) The Council shall prepare a budget and submit to the Minister for
approval be fore the end of each financial year for the following financial
year showing estimates ofits receipts and expenditures for the following
financial year.

(9) At the Authority's r e q u e s t the Council shall c o m m i s s i o n a n y


person to a s s e s s and report on the extent to which the budget represents
a fair and r e a s o n a b l e projection o f t h e income and expenditure ofthe
Council for the re levant year and shall submit that report to the Minister.

PART VI11
COMPLAINTS AND DISPUTE R E S O L U T I O N

COM- 40. - (1) This section shall apply to any complaint against a supplier
plaints ofregulated goods or services in relation to any matter c o n n e c t e d with
the supply, possible supply or purported supply ofthe goods or services.

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


tion ofthe Authority and it a p p e a r s to the Authority that-

(a) the c o m p l a i n a n t h a s a n i n t e r e s t in the m a t t e r to which the


complaint relates, and
(b) the complaint is not frivolous or vexatious, the Authority shall
investigate the matter-

(3) Where it a p p e a r s to the Authority at any time during or after its


investigation that the supplier h a s not considered the complaint, or h a s
not considered it adequately, the Authority m a y refer the complaint to
the supplier with a r e q u e s t that the supplier should consider or re-con
sider the complaint.

(4) The Authority m a y m a k e r e p r e s e n t a t i o n s to the supplier on


behalf of the complainant or to the complainant on behalf of the supplier
as the Authority s e e s fit.

(5) Subject to the provisions ofthis Act, if a complaint is not resolved


to the satisfaction of a complainant within sixty days after the Authority
first b e c a m e obliged to investigate it, the complainant m a y by writing
signed by him request the Authority to refer the complaint to a Committee
ofthe Authority for decision.
34 No. 12 Tanzania Communications Regulatory Authority 2003

(6) After the complaint is referred to a Committee for decision as


provided under subsection (5), the complainant and the supplier shallbe
parties to the reference.

(7) F o r the p u r p o s e s of d e a l i n g with c o n s u m e r c o m p l a i n t s , the


Authority s h a l l e s t a b l i s h a d e d i c a t e d unit w h i c h s h a l l r e c e i v e a n d
follow up on complaints from c o n s u m e r s .

(8) The units referred to in s u b s e c t i o n (7) s h a l l investigate all


complaints and attempt to resolve the complaints amicably, and in the
e v e n t t h e y c a n n o t b e r e s o l v e d within thirty to sixty d a y s , t h e
Committee concerned shall p r e s e n t its findings and recommendations to
the Authority for action.

(9) Subject to the provisions ofthis section, the Authority shall in


e a c h c a s e make a ruling to be carried out by the Division concerned.

41.- The Authority m a y make an order - proce

dure and
(a) requiring a party to supply goods or services for specified period$>;owerof
5
(b) requiring a party to supply goods or services or specified ternfe
. . . Authority
and conditions;
(c) requiring a party to pay the costs of another party or o f a person
appearing at the hearing or producing d o c u m e n t s ;
(d) dismissing a complaint;
(e) imposing fines;
(f) for specific performance;
(g) for refunds;
(h) appointing trustees;
(i) setting up of escrow accounts; and
6 ) for such other relief as m a y b e d e e m e d n e c e s s a r y or reasonable.

42. - (1) This section shall apply to any award ofthe Authority u n d e A e a i s PP

which a party h a s b e e n ordered - to t h e


Fair
n Competi-
(a) to p a y m o n e y in e x c e s s of an a m o u n t specified in r e g u l a t i o n ^
under this Act; Tribunal
No. 12 Tanzania Communications Regubtory Authority 2003 35

(b) to supply goods or services having a market value in e x c e s s of


an a m o u n t specified in regulations u n d e r this Act;
(c) to p a y m o n e y a n d supply g o o d s a n d services where the total
a m o u n t o f t h e m o n e y a n d the value o f t h e g o o d s or s e r v i c e s
exceeds an amount, or have market value in excess of an amount
specified in regulations u n d e r this Act.

(2) Where a party is not satisfied with an award to which this section
applies he m a y a p p e a l to the Fair Competition Tribunal within twenty-
one d a y s , thereafter the award s h a l l b e placed on the Public Register.

(3) Subject to the provisions ofthis Act, the grounds of appeal to the
Tribunal shall be as follows that -

(a) the award was not r e a s o n a b l y o p e n to the Authority b a s e d on


the evidence;
(b) there was an error in law;
(c) the procedures or other statutory requirements applicable to the
Authority w e r e n o t c o m p l i e d with a n d the n o n - c o m p l i a n c e
materially affected the a w a r d ;
(d) the Authority did not have power to make the award.

(4) The Tribunal shall, after hearing an appeal, do a n y o n e or more of


the following -

(a) dismiss the a p p e a l in whole or in part;


(b) s e t aside the award in whole or in part and refer outstanding
matters to the Authority for re-de termination with or without
directions a s to the m a t t e r s to b e t a k e n into a c c o u n t in the
re-determination.

inconsis- 43. . (I) Subjectto sub-section (2), where there is any inconsistency
tency b e t w e e n the provisions ofthis Act a n d the provisions of a s e c t o r Act,
W l t h
this Act shall prevail and the sector legislation will be read down to the
s q c to r
legisia- extent ofthe inconsistency.
tion
(2) W h e r e a s e c t o r Act h a s b e e n p a s s e d a n d t h a t Act e x p r e s s l y
provided that the provision of that Act will s u p e r c e e d or prevail over
the provision ofthis Act the provision of sector legislation shall prevail
and this Act s h a l l b e read down to the extent ofthe inconsistency.
36 No. 12 Tanzania Communications Regubtory Authority 2003

44. 41) A person shall not contravene a provision of the Fair Competition Inconsis
Act, 2003, or the B u r e a u of S t a n d a r d s Act, 1975 by r e a s o n only of tency with
engaging in a conduct or refraining from engaging in a conduct permitted other law
u n d e r this Act, s e c t o r legislation or a n y s u b o r d i n a t e l e g i s l a t i o n ^ o ^ ^
instrument u n d e r any ofthe aforementioned Acts -

(a) requires the persons to e n g a g e or refrain from engaging in the


conduct or conduct of that kind; or
(b) authorizes or approves the person engaging or refraining from
engaging in conduct of that kind.
(2) W h e r e the C o m m i s s i o n is o f t h e opinion t h a t a n y c o n d u c t
required, authorized or a p p r o v e d by the Authority -

( a ) w o u l d b e in b r e a c h o f t h e F a i r C o m p e t i t i o n Act, 2003 if
sub-section (1) did not apply to the conduct; and
(b)the conduct is against the public interest, the Commission shall
report the matter to the Minister.

(3) Where the Minister receives a report from the Commission under
sub-section (2), he m a y direct the Authority to take n e c e s s a r y steps to
e n s u r e that the conduct described by the Commission is not required,
authorized or approved by the Authority.

PART LX
E N F O R C E M E N T AND COMPLIANCE

45.- (1) Where the Authority is satisfied that a person has committaaimpii-
or is likely to commit an offence against this Act or a sector legislatiornce
it m a y make a compliance order u n d e r this section.

(2) Any p e r s o n a g a i n s t w h o m a c o m p l i a n c e o r d e r is m a d e shall


comply with the order.
(3) A compliance order may require a person to refrain from conduct
which is in contravention of the provisions Of this Act or a sector legislation
to take actions required to be taken in order to comply with this Act or a
sector legislation.

(4) A compliance order shallbe made in writing specifying the grounds


for its making and s h a l l b e enforceable as an order ofthe High Court.
No. 12 Tanzania Communications Regubtory Authority 2003 37

(5) Acopy ofa compliance order shallbe placed on the Public Register
and a copy s h a l l b e served on the person against whom it is m a d e .

(6) Notwithstanding the provisions of any law to the contrary, where


an order or a certified certificate is produced or submitted to High Court,
the order or certificate shall be conclusive proof of its making by the
High Court and ofthe facts to which it relates.

Deciara- 4 6 . - (1) Apart from o t h e r functions u p o n which the Authority is


tions e m p o w e r e d to perform, it can also make declarations on -

(a) particular goods or services, or particular c l a s s e s of goods or


services on and regulated goods or services for purposes ofthis
Act;
(b) particular persons or classes of persons and regulated suppliers
forthe purposes ofthis Act;
(c) particular activities are in or in connection with a regulated sector;
or
(d) varying, amending, reviewing or revoking previous declarations
m a d e u n d e r t h i s section.

(2) Subject to reviews or appeals u n d e r Part IV, declarations by the


Authority m a d e underthis section shallbe conclusive forthe purpose of
this Act.

(3) Declarations made by the Authority shall not be inconsistent with


this Act, a s e c t o r legislation or subsidiary legislation m a d e u n d e r t h i s
Act.

(4) Before making any declaration u n d e r t h i s section, the Authority


shall furnish the Minister with a draft or the p r o p o s e d declaration, and
shall afford the Minister the opportunity to consult with the Authority
a n d with any sector Minister a b o u t the draft declaration within twenty
days after the draft is supplied to the Minister and, if re q u e s t e d to do so
by the Minister within that twenty days period.

(5) A c o p y ofthe declaration made underthis section shallbe placed


on the Public Register.
38 No. 12 Tanzania Communications Regulatory Authority 2003

47-- (1) The Minister may make regulations and rules which are not Regula-
inconsistent with this Act or a sector legislation as he considers necessary tions a n d
R u l e s
or desirable to give effect to the provisions ofthis Act.

(2) The Authority may, in consultation with the Minister make rules
with r e s p e c t to -

(a) code of conduct;


(b) records to be kept, including the form and content of accounting
a n d b u s i n e s s r e c o r d s , a n d information a n d d o c u m e n t s to b e
supplied to the Authority by regulated suppliers;
(c) standards ofregulated goods and services;
(d) terms and conditions of supply ofregulated goods and services;
(e) c o n d u c t in connection with the production, distribution a n d
supply of regulated goods and services;
(f) complaint handling procedures;
(g) rates and charges for regulated goods and services;
(h) levies and fees payable to the Authority;
(i) the c i r c u m s t a n c e s in which, a n d the terms a n d conditions on
which, a supplier or intending supplier of r e g u l a t e d g o o d s or
s e r v i c e s s h a l l b e a b l e to g a i n a c c e s s to facilities o w n e d or
controlled by a n o t h e r p e r s o n ;
0) such other matters as the Authority considers necessary or desirable
to give effect to this Act.

(3) Rules m a d e under subsection (1) shall not be inconsistent with


this Act, a sector legislation or regulations m a d e u n d e r this Act.

(4) Any person who contravenes or fails to comply with rules made
u n d e r this section, commits an offence a n d is liable on conviction to a
fine of not less than the equivalent in Tanzanian shillings of United States
dollars five h u n d r e d .

48 - (1) Any person who contravenes or fails to comply with a p r o v i s i o n j ffences

ofthis Act, commits an offence against this Act and is liable on conviction
to a fine of not less than the equivalent in Tanzanian shillings of United
States dollars three t h o u s a n d or imprisonment for a term not less than
twelve months or to both such fine and imprisonment.

(2) A person shall commit an offence against this Act if h e -


No. 12 Tanzania Communications Regubtory Authority 2003 39

(a) aids, abets, counsels or procures;


(b) conspires with others;
to commit an offence againstthis Act.

(3) Any person, who suffers loss or damage as a result of an offence


againstthis Act, m a y recover by compensation for such loss or d a m a g e
from the person who committed that offence whether or not that person
has b e e n convicted of an offence.

(4) Any person, making a claim u n d e r sub-section (3) within four


years after the loss or d a m a g e is suffered or within four years after the
p e r s o n b e c o m e s a w a r e o f t h e offence, w h i c h e v e r is the later, a claim
s h a l l b e m a d e b y w a y o f a complaint provided for u n d e r section 40 of
this Act.

(5) Where a person charged with an offence under this Act is a body
corporate, every p e r s o n who, at the time ofthe commission ofthe of
fence was a director, m a n a g e r or officer ofthe body corporate m a y be
c h a r g e d jointly in the s a m e proceedings with s u c h body corporate and
where the body corporate is convicted ofthe offence, every such director,
m a n a g e r or officer ofthe body corporate shallbe d e e m e d to be guilty of
that offence unless he proves that the offence was committed without
his k n o w l e d g e or t h a t h e e x e r c i s e d all d u e diligence to p r e v e n t the
commission ofthe offence.

(6) For the p u r p o s e s ofthis section, any p a r t n e r of a firm s h a l l b e


jointly and severally liable for the acts or omissions of any other partner
ofthe s a m e firm done or omitted to be done in the course ofthe firm's
business.

(7) F o r t h e p u r p o s e s ofthe provisions ofthis section, a penalty for


non-compliance of an order ofthe Authority s h a l l b e a fine which shall
be e q u a l to a civil debt.
40 No. 12 Tanzania Communications Regubtory Authority 2003

PARTX
FINANCIAL PROVISIONS

4 9 . - (1) The funds and sources ofthe Authority shall consist of - F u n d s of


the
U l t h o n t y
(a) fees collected by the Authority including fees payable for t h d
grant and renewal of licences;
(b) levies collected from regulated suppliers;
(c) all the payments or property due to the Authority in r e s p e c t of
any matter incidental to its functions; and
(d) any grants, donations, b e q u e s t s or other contributions m a d e to
the Authority.

(2) The Authority s h a l l by rules m a d e u n d e r s e c t i o n 47 require


regulated suppliers to pay a n n u a l levies to the Authority calculated as a
p e r c e n t a g e o f t h e r e v e n u e s o f r e g u l a t e d suppliers from the supply of
regulated goods and services.

(3) An annual levy payable under subsection (2) shall not exceed 1.5
p e r c e n t ofthe gross operating r e v e n u e o f r e g u l a t e d supplier from the
supply of regulated goods and services.

(4) The percentage of an annual levy payable under subsection (2)


may differ as between different regulated sectors but may not be different
within the same regulated sector.

(5) The Authority shall by rules published in the Gazette made under
section 47 a n d Public Register prescribe licence fees and other fees to
be paid by persons in connection with the procedures ofthe Authority.

(6) The Authority shall disclose details ofthe sources of its funds in
the Annual Report.

(7) The Authority shall n o t a c c e p t a n y g r a n t or donation from a


regulated supplier.

50. - ( l ) A s soon as m a y b e reasonably practical after the end ofea^JT-pius


financial y e a r , the Authority s h a l l d e p o s i t to a s p e c i a l a c c o u n t &llds
surplus funds ofthe Authority.
No. 12 Tanzania Communications Regubtory Authority 2003 41

(2) The Authority shall use funds from the special account only for
one or more ofthe following purposes -

(a) c o n s u m e r education or information projects;


(b) special non-recurring projects; -
(c) budgeted capital expenditure;
(d) major rate regulating inquiries.
(e) fraining, research and development.

Accounts 51 (1) The Authority shall k e e p books of accounts a n d maintain


and finan proper records ofits operations in accordance with commercial accounting
cial audit
standards.

Act No. (2) The accounts ofthe Authority m a y at any time and shall, at the
33 end of each financial year, be audited by a person registered as an auditor
ofl972 under the Auditors and Accountants (Regis ha tion) Act, 1972, appointed
by the Authority on s u c h terms a n d conditions a s the Authority m a y
determine.

Perfor 52.-(1) The Controller and Auditor General shall at least once every
mance
two y e a r s a n d more frequently as h e s e e s fit, c o n d u c t a p e r f o r m a n c e
audit
a u d i t by the Authority ofits functions including its p e r f o r m a n c e in
relation to key performance indicators.

(2) T h e Controller a n d Auditor G e n e r a l m a y , w h e r e n e c e s s a r y


conduct additional audit ofthe Authority as r e q u e s t e d by the Minister.

Annual 53.- (1) Before 30th September each year, the Authority shall prepare
report an a n n u a l report in r e s p e c t of that y e a r up to 3011 June and submit it to
the Minister, who shall lay it before the National Assembly.

(2) The a n n u a l report shall provide detailed information regarding


the e x e r c i s e o f t h e functions a n d p o w e r s o f t h e Authority during the
y e a r to which it relates and shall include -
(a) a copy ofthe audited accounts ofthe Authority as per section 5 1;
(b) a copy ofthe report ofthe Controller and Auditor General on the
performance audit carried out under section 52 ofthe Act during
the y e a r to which the a n n u a l report relates;
(c) s u c h information a n d other material as the Authority m a y be
required by this Act or the regulations to include in the a n n u a l
report.
42 No. 12 Tanzania Communications Regubtory Authority 2003

5 4 . - (1) Before the end of e a c h financial year, the Authority s h a l M g e t


prepare a b u d g e t for the following financial y e a r showing estimates of
its receipts and expenditure forthe following financial year.

(2) Subject to the provision of subsection (1), the Authority shall


inform the Minister of its b u d g e t for the following financial y e a r by
submitting a copy to the Minister.

(3) Where the Minister so requests, the Authority shall commission


the Authority's auditor to a s s e s s and report on the extent to which the
b u d g e t r e p r e s e n t s a fair a n d r e a s o n a b l e projection o f t h e income a n d
expenditure ofthe Authority for the relevant year.

( 4 ) The Authority shall deliverto the Minister a copy of any report


prepared pursuant to subsection (3) as soon as possible after the Authority
receives it.

(5) If the Authority's auditor reports that the budget does not represent a
fair and reasonable projection of income and expenditure, the Minister
shall require the Authority to revise the budget to correct the deficiencies.

PART XI
TRANSITIONAL AND MISCELLANEOUS PROVISIONS

5 5 . - (1) Notwithstanding the e n a c t m e n t and operation of thiSransi-


Act in relation to the relevant sectors, any licences and permits grantodl
prior to the c o m m e n c e m e n t ofthis Act in relation to the production"
a n d
distribution or supply ofregulated goods or services in the said s e c t | ^ ^ a g s

shall remain in operation until they are revoked, annulled or otherwise


replaced.

(2) This Act shall not operate so as to affect in a prejudicial way the
rights of a n y p e r s o n u n d e r a l i c e n c e or p e r m i t g r a n t e d prior to t h e
c o m m e n c e m e n t of this Act or a n y c o n t r a c t e n t e r e d into prior to the
c o m m e n c e m e n t of this Act.

5 6 . (1) As from the effective d a t e , s u c h movable and immovablfransfer


p r o p e r t y v e s t e d in the T a n z a n i a B r o a d c a s t i n g C o m m i s s i o n a n d c t h e s e t s
Tanzania Communication Commissions and all a s s e t s , interests, rigfttis,
1 1 168
p r i v i l e g e s , liabilities or obligations o f t h e T a n z a n i a B r o a d c a s t i n g ' *
Commission and the Tanzania Communications Commission s h a l l b e
transferred to and shallbe vested in the Authority without further assurance.
No. 12 Tanzania Communications Regubtory Authority 2003 43

(2) If any question arises as to w h e t h e r any particular property, or


any particular a s s e t interest, right, privilege, liability on obligation h a s
b e e n t r a n s f e r r e d to or v e s t e d in a c c o r d a n c e with the p r o v i s i o n s of
s u b s e c t i o n (1), a certificate u n d e r the h a n d o f t h e Minister shall be
conclusive evidence that the property, a s s e t , interest, right, privilege,
liability or obligation was or was not so transfered or vested.

Continu 57. - (1) W h e r e on the effective date any disciplinary proceedings


ation a n d
were pending against any employee ofthe Tanzania Broadcasting
comple
tion of
Commission or the T a n z a n i a Communications Commission who m a y
disciplin join the service ofthe Authority, s u c h proceedings s h a l l b e carried on
ary a n d c o m p l e t e d by the Authority and, where on the effective date any
proceed- m a t t e r w a s in the c o u r s e of b e i n g h e a r d or i n v e s t i g a t e d or h a d b e e n
heard or investigated by the Tanzania Broadcasting Commission or the
T a n z a n i a Communications C o m m i s s i o n but no order or decision h a d
b e e n rendered, the Authority shall complete the hearing or investigation
a n d s u c h order, ruling or direction as it could h a v e b e e n m a d e by the
authority u n d e r which the p r o c e e d i n g s or m a t t e r were or w a s v e s t e d
before the effective date.

(2) Any order, ruling, or finding m a d e or given in relation to any


proceedings or investigation pursuant to subsection (1), shallbe treated
as an order, ruling or finding ofthe Authority and have the same force or
effect as if it h a d b e e n m a d e or given by the T a n z a n i a B r o a d c a s t i n g
Commission or the Tanzania Communications Commission before the
effective date.

(3) Forpurposes ofsections 56, 57 and 58, the effective date shallbe
the date designated as such by the Minister.

Rights of 58. -(I) The service of any employee or staff of the former Tanzania
employ- Communications Commission and the Tanzania Broadcasting Commission
e e s
s h a l l b e d e e m e d to be continuous with the Authority.

(2) As soon as practicable but in any case not later than three years
from coming into operation ofthis Act, the Authority shall comply with
the provisions of section 14 ofthis Act in r e s p e c t of e m p l o y e e s who
have b e e n a b s o r b e d by the Authority.
44 No. 12 Tanzania Communications Regulatory Authority 2003

(3) Where any employee or staff of the former Tanzania Communications


Commission and the Tanzania Broadcasting Commission is not absorbed
by the Authority, he m a y be transferred to any other Ministry or public
institution, a n d his service s h a l l b e d e e m e d to be continuous and if he
w a s a m e m b e r o f a n y s t a t u t o r y , v o l u n t a r y p e n s i o n or a n y o t h e r
s u p e r a n n u a t i o n s c h e m e , s u c h employee shall continue to be g o v e r n e d
b y the s a m e l a w s a n d r e g u l a t i o n s g o v e r n i n g s u c h s c h e m e a n d the
employer shall contribute to such s c h e m e accordingly.

(4) The terms a n d -conditions of e m p l o y m e n t of any employee or


staff from the former Tanzania Communications Commission and the
Tanzania Broadcasting Commission who joins the Authority through
the competitive r e c r u i t m e n t p r o c e s s e s t a b l i s h e d by the Authority in
compliance with the Provisions of subsection (6) of section 14 ofthis
Act, shall not be less favourable than t h o s e enjoyed by that employee
i m m e d i a t e l y prior to the d a t e on which h e j o i n e d the service o f t h e
Authority.

(5) An employee or staff ofthe former Tanzania Communications


Commission and the Tanzania Broadcasting Commission whose service
d o e s not continue with the Authority or is not transferred to any other
Ministry or public institution a n d w h e r e s u c h e m p l o y e e or staff is a
m e m b e r of a n y statutory, voluntary p e n s i o n or o t h e r s u p e r a n n u a t i o n
benefits s c h e m e prior to such termination, such employee or staff shall
be paid terminal benefits in a c c o r d a n c e with the laws a n d regulations
governing such s c h e m e immediately before such termination.

(6) W h e r e an employee or staff w h o s e service with the Tanzania


Communications commission and Tanzania Broadcasting Commission
is deemed to be continuous under subsections (1) and (3) is a member of
any statutory, voluntary p e n s i o n or any other s u p e r a n n u a t i o n s c h e m e ,
such employee shall continue to be governed by the same laws and regu
lations governing such scheme and the Authority shall contribute to such
scheme accordingly.

(7) Subject to s u b s e c t i o n s ^ ( ) d (3), nothing in this section


2 a n

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


the former T a n z a n i a Communications C o m m i s s i o n a n d the T a n z a n i a
Broadcasting Commission to become employees or staff of the Authority
No. 12 Tanzania Communications Regubtory Authority 2003 45

PART XII
C O N S EQUENTIAL AMENDMENTS

AMENDMENTS OF THE
TANZANIA COMMUNICATIONS ACT, 1993

construe- 5 9 . The Tanzania Communications Act, 1993, hereinafter referred to


t i o n
as "the principal Act" is a m e n d e d .
Act No.
18 o f
1993

Amend- 6 0 . The principal Act is a m e n d e d b y deleting the long title a n d


m e n t of substituting for it the following:
the long
title
"An Act to provide for the regulation of p o s t a l a n d telecommuni
cations services by the T a n z a n i a Communications Regulatory
Authority"

Amend- 6 1 . S e c t i o n 2 (1) ofthe principal Act is a m e n d e d by:


ment
of (a) adding the following definitions in their appropriate alphabetical
section 2 positions:
"Authority" m e a n s the Tanzania Communications Regulatory
Authority also known by its acronym
N o . 12 o f "TCRA" established by the Tanzania Communications Regulatory
2003 Authority Act, 2003;
(b) by deleting the definitions ofthe words "Chairman" "Director
General", and "Minister" and substituting for them the following:
"Chairman" h a s the s a m e m e a n i n g as ascribed to it u n d e r section 3 of
the Tanzania Communications Regulatory Authority Act, 2 0 0 3 ;
"Director General" has the same meaning as ascribed to it under section
3 ofthe Tanzania Communications Regulatory Authority Act, 2 0 0 3 ;
"Authority" h a s the s a m e m e a n i n g as ascribed to it u n d e r section 3 of
the Tanzania Communications Regulatory Authority Act, 2 0 0 3 ;
"Minister" has the same meaning as ascribed to it u n d e r section 3 ofthe
Tanzania Communications Regulatory Authority Act, 2 0 0 3 ;
(c) by deleting the word "Commission" wherever it a p p e a r s in the
principal Act a n d substituting for it the word "Authority"
46 No. 12 Tanzania Communications Regulatory Authority 2003

62. Section 3 ofthe Principal Act is repealed. R e p e a l of


section 3

63. Section 4 ofthe principal Act is repealed.


r r r
Repealof
section 4

64. Section 8 ofthe principal Act is repealed. Repealof


section 8

65. Section 10 ofthe principal Act is a m e n d e d by deleting the p h r a s e e a i o f P


t 5n
"the Tanzania Broadcasting Commission and" appearing in the se(J6h d
and third lines of subsection (3) and substituting for it the phrase "ZarP
zibar Broadcasting Commission"

66. Section I OA ofthe principal Act is repealed. Repealof


s e ction
10A

67. Section 2 2 O f t h e Principal Act is a m e n d e d by repealing s u b s e c t i o n ( 3 ^ e p e a l o f

section
22

68. Part VJJ ofthe principal Act is h e r e b y repealed. Repealof


Part VI1

69. The First and Third Schedules to the principal Act are r e p e a l e - i p e a i o f
First
Schedule

AMENDMENT OF THE
BROADCASTING SERVICES ACT, 1993

1 6
70. The Broadcasting Services Act, 1993, hereinafter referred t&Wff -
"the principal Act" is a m e n d e d . tion A c t

6 of 1993

e n d
77. T h e principal Act is a m e n d e d b y d e l e t i n g the long title a f k l -
substituting for it the following: m e n t of
the long
"An Act to provide for the regulation of b r o a d c a s t i n g a n ^
other related matters by the Tanzania Communications Regulatory
Authority-.

72. Section 2 ofthe Principal Act is a m e n d e d by: Amend


ment
of
section 2
No. 12 Tanzania Communications Regubtory Authority 2003 47

(a) adding the following definition in its appropriate alphabetical


positions:
"Authority" m e a n s the Tanzania Communications Regulatory
Authority also known by its acronym
Act "TCRA" established by the Tanzania Communications Regulatory
NO. 12 Authority Act, 2003;
0 f2oo3 ^ ky deleting the definition ofthe word "Minister"and substituting
for it the following:
"Minister" has the same meaning as ascribed to it u n d e r section
3 ofthe Tanzania Communications Regulatory Authority Act, 2003;
(c) by deleting the word "Commission" wherever it a p p e a r s in the
principal Act and substituting for it the word "Authority"

Amend- 7 3 Section 3 (3) o f t h e principal Act is a m e n d e d by deleting the


m e n t of W O r d "Minister" a n d substituting for it the word "Authority"
Section 3

R e p e a l of 74. Section 5 ofthe principal Act is repealed.


section 5

R e p e a l of 75. Section 8 ofthe principal Act is repealed.


section 8

Repealo f 76. Part V ofthe principal Act is repealed.


Part V

Repealof 77. The Schedule to the principal Act is repealed.


the
Schedule

A M E N D M E N T O F THE TANZANIA P O S T S
C O R P O R A T I O N ACT, 1993

Constru
78. The Tanzania P o s t s Corporation Act, 1993 hereinafter referred to
ction Act
as "the principal Act" is a m e n d e d .
N o . 19 of
1993

Amend- 79. The principal Act is a m e n d e d in section 2(1)-


m e n t o f
(a) by deleting the definition o f t h e word "Commission" a n d
s e c t l o n 2
substituting for it in its alphabetical order the following:
"Authority" m e a n s the T a n z a n i a Communications R e g u l a
tory Authority Act, 2 0 0 3 "
A c t
(b) by replacing, the word "Commission" wherever it appears in
N o 1 2 o f
- the principal Act with the word "Authority"
2003 r r j
48 No. 12 Tanzania Communications Regulatory Authority 2003

80. The principal Act is a m e n d e d in section 7 by deleting the secdudnd-


m e n t o f
figure (2) appearing at page 234 and substituting for it the figure (3),
section 7

SCHEDULE

(Made under section 7(7))

THE BOARD OF DIRECTORS OF THE AUTHORITY

l.-(I) The Board of Directors ofthe Authority shall consist of- Compo
sition o f
(a) a Chairman and a Vice Chairman who shall be non-executive;
the
(b) four non-executive m e m b e r s ; and
Board
(c) the Director-General appointed u n d e r section 13.

(2) In proposing n a m e s of p e r s o n s for a p p o i n t m e n t as C h a i r m a n , Vice-Chairman


a n d m e m b e r s o f t h e Board, the Nomination C o m m i t t e e , the P r e s i d e n t a n d the Minister
shall e a c h have regard to appoint p e r s o n s who-

(a) are g r a d u a t e s o f a recognized University;


(b) h a v e a t l e a s t t e n y e a r s e x p e r i e n c e in o n e or m o r e of m a n a g e m e n t , law,
e c o n o m i c s , finance, e n g i n e e r i n g , b r o a d c a s t i n g or information a n d
communications technology;
(c) have knowledge ofindustry;
(d) h a v e satisfied the C o m m i t t e e t h a t they are unlikely to h a v e a conflict of
interest under section 1 1 ;
(e) are willing to serve as m e m b e r s ; and
(f) a r e , in the opinion o f t h e C o m m i t t e e , other-wise suitable to perform the
functions and duties o f a m e m b e r competently and honestly.

2 - (1) The First C h a i r m a n , V i c e - C h a i r m a n a n d m e m b e r s o f t h e B o a r d s h a l H p g f n u r e 0

appointed forthe following fixed terms: appoint-

(a) a Chairman four y e a r s ; ment


(b) a Vice-Chairman three y e a r s ; and
(c) two other m e m b e r s - five y e a r s .

(2) Members, including the Chairman, and Vice Chairman shall e a c h be eligible for
r e - a p p o i n t m e n t for o n e further s u c c e s s i v e term b u t s h a l l n o t otherwise be eligible for
re-appointment.

(3) Any member, may at any time resign by giving notice in writing to the appointment
authority and from the date specified in the notice or if no date is so specified, from the
date of receipt ofthe notice by the appointment authority, be shall c e a s e to be a member.
No. 12 Tanzania Communications Regulatory Authority 2003 49

Secretary 3 - (1) The Board shall appoint a lawyer of not less than ten years experience to be
the Secretary ofthe Board.

(2) The Secretary ofthe Board may take part in proceedings ofthe Board but shall
have no vote.

Meetings 4.-(]) The Board shall m e e t at least four times yearly at such d a t e s , places and times
of the a s it d e e m s n e c e s s a r y for the t r a n s a c t i o n of its b u s i n e s s a n d it s h a l l c o n v e n e s p e c i a l
Board meeting upon r e q u e s t by the majority of m e m b e r s .

(2) An ordinary m e e t i n g o f t h e B o a r d s h a l l b e c o n v e n e d by the C h a i r m a n a n d the


notice specifying the place, date and time ofthe meeting shall be s e n t to e a c h m e m b e r at
his u s u a l p l a c e of b u s i n e s s or r e s i d e n c e n o t l e s s t h a n t e n d a y s before the d a t e o f t h e
meeting and where the Chairman is unable to act by r e a s o n of illness or other c a u s e or is
a b s e n t from the United Republic, the Vice-Chairman may c o n v e n e the meeting.

(3) The Chairman or, in his a b s e n c e , the Vice-Chairman, may on his own motion,
a n d shall, if r e q u e s t e d in writing in that b e h a l f by a t least half the m e m b e r s , c o n v e n e a
special meeting ofthe Board.

(4) The B o a r d m a y invite a n y p e r s o n w h o is n o t a m e m b e r to participate in the


deliberations o f t h e Board, b u t any p e r s o n so invited s h a l l h a v e no vote a t the m e e t i n g .

(5) The Board may act notwithstanding any vacancy in its membership.

5. The q u o r u m a t any meeting o f t h e Board s h a l l b e half o f t h e m e m b e r s .

Mnutes 6. Minutes in p r o p e r from of e a c h m e e t i n g o f t h e B o a r d s h a l l b e k e p t a n d s h a l l b e


ofthe confirmed by the Board at its next meeting.
meetings
Official 7. - (1) The official seal ofthe Authority shall be of such s h a p e , size and form as the
seal ofthe Board may determine.
Authority
(2) The official seal ofthe Authority shall not be affixed to any instrument or docu
ment except in the p r e s e n c e ofthe Secretary or such other employee ofthe Authority as
the Board m a y appoint in that behalf

Examina 8. All d e e d s , d o c u m e n t s , rulings, declarations or other official instruments requir


tion of ing the s e a l ofthe Authority shall be s e a l e d with the official s e a t ofthe Authority in the
docu p r e s e n c e of any two officers ofthe Authority dully authorized by the Authority to act in
ments that behalf and s h a l l b e signed by those officers-

(2) The Authority may by resolutions or otherwise appoint an officer or employee of


the Commission or any other agent, either generally or in a particular c a s e , to execute or
sign o n b e h a l f of the Authority a n y a g r e e m e n t or o t h e r I n s t r u m e n t n o t u n d e r s e a l in
relation to any matter coming within the powers ofthe Commission.
50 No. 12 Tanzania Communications Regulatory Authority 2003

9. N o act or p r o c e e d i n g of the B o a r d s h a l l be invalid b y r e a s o n of a n y defecRrOteed-


irregularity in the a p p o i n t m e n t of any M e m b e r or by r e a s o n that any p e r s o n who jftgs n o ^
P o r t e d bona fide to a c t a s a m e m b e r a t the time o f t h e a c t or p r o c e e d i n g s , w a s ita&iit
disqualified or not entitled to act as a m e m b e r . dated by
irregular
ity

10. W h e r e a n y m e m b e r a b s e n t s h i m s e l f from t h r e e c o n s e c u t i v e m e e t i n g s oCffegnce


B o a r d without sufficient c a u s e , the B o a r d shall advise the appointing authority offtgn
fact a n d the a p p o i n t m e n t authority m a y terminate the a p p o i n t m e n t o f t h e m e m b e i f i f r H d
appoint a n o t h e r m e m b e r in his place. consecu
tive
meeting

11. Subject to this Act, the Board shall have power to regulate its own procedurgijard
relation to its meetings and the transaction ofits b u s i n e s s . may
regulate
lts o w n
P a s s e d in the National Assembly on the 9th Aprii2003,
r
> ' procee
dings

Clerk ofthe National Assembly

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