CHAPTER 172″/>
TANZANIA COMMUNICATIONS REGULATORY AUTHORITY ACT
[PRINCIPAL LEGISLATION]
ARRANGEMENT OF SECTIONS
Section
Title
PART I
PRELIMINARY PROVISIONS
1. Short title.
2. Commencement and application.
3. Interpretation.
PART II
THE AUTHORITY
4. Establishment of the Authority.
5. Duty of the Authority.
6. Functions of the Authority.
7. Establishment of the Board.
8. Nomination Committee and nomination.
9. Functions of Nomination Committee.
10. Code of conduct.
11. Conflict of interest.
12. Removal of members from office.
13. The Director-General.
14. Directors, consultants and other staff.
PART III
POWERS AND PROCEEDINGS OF THE AUTHORITY
15. General powers.
16. Powers to regulate rates and charges.
17. Power to obtain information, documents and evidence.
18. Power to hold inquiries.
19. Competition policy and contraventions of law on competition.
20. Authority may sit in Committee.
21. Delegation.
22. Judicial proceedings where the Authority is not a party.
23. Consultation with consumers, industry and government.
24. Public Register.
25. Confidentiality.
PART IV
CONTENT COMMITTEE AND ITS FUNCTIONS
26. Definitions.
27. Establishment of the Content Committee.
28. Powers and functions of the Content Committee.
28A. Functions of the Committee.
28B. Committee’s Procedure.
29. Powers of the Minister.
30. Meetings and procedures of the Committee.
31. Powers of the Authority in relation to the Committee.
PART V
THE TANZANIA BROADCASTING SERVICES (TUT)
32. Establishment of Tanzania Broadcasting Services.
33. Functions of the Authority in relation to the Tanzania Broadcasting Services.
PART VI
REVIEW AND APPEALS PROCEDURES
36. Decision be placed on the Public Register.
37. Appeal to the Competition Tribunal against decisions of the Authority.
PART VII
THE COUNCIL
38. Establishment of the Council.
39. Powers and functions of the Council.
40. Funds of the Council and annual report.
PART VIII
COMPLAINTS AND DISPUTE RESOLUTION
41. Complaints.
42. Procedure and powers of the Authority.
43. Appeals to the Fair Competition Tribunal.
44. Inconsistency with sector legislation.
45. Inconsistency with other law.
PART IX
ENFORCEMENT AND COMPLIANCE
46. Compliance.
47. Declarations.
48. Regulations and rules.
49. Offences.
PART X
FINANCIAL PROVISIONS
50. Funds of the Authority.
51. Surplus funds.
52. Accounts and financial audit.
53. Performance audit.
54. Annual report.
55. Budget.
PART XI
TRANSITIONAL AND MISCELLANEOUS PROVISIONS
56. Transitional provisions and savings.
57. Transfer of assets and liabilities.
58. Continuation and completion of disciplinary proceedings.
59. Rights of employees.
PART XII
CONSEQUENTIAL AMENDMENTS
Amendments of the Tanzania Communications Act, 1993
60. Construction.
61. Amendment of the long title.
62. Amendment of section 2.
63. Repeal of section 3.
64. Repeal of section 4.
65. Repeal of section 8.
66. Repeal of section 10.
67. Repeal of section 10A.
68. Repeal of section 22.
69. Repeal of Part VII.
70. Repeal of First and Third Schedules.
Amendment of the Broadcasting Services Act, 1993
71. Construction.
72. Amendment of the long title.
73. Amendment of section 2.
74. Amendment of section 3.
75. Repeal of section 5.
76. Repeal of section 8.
77. Repeal of Part V.
78. Repeal of the Schedule.
Amendment of the Tanzania Posts Corporation Act, 1993
79. Construction.
80. Amendment of section 2.
81. Amendment of section 7.
SCHEDULES
CHAPTER 182
TANZANIA COMMUNICATIONS REGULATORY AUTHORITY ACT
An Act to establish the Tanzania Communications Regulatory Authority for the purpose of regulation of telecommunications, broadcasting, postal services; to provide for allocation and management of radio spectrum, covering electronic technologies and other Information and Communication Technologies (ICT) applications and to provide for its operation in place of former authorities and for related matters.
[1st November, 2003]
[G.N. No. 299 of 2003]
Acts Nos.
12 of 2003
21 of 2003
19 of 2004
11 of 2006
13 of 2008
3 of 2010
3 of 2013
9 of 2017
3 of 2021
PART I
PRELIMINARY PROVISIONS (ss 1-3)
This Act may be cited as the Tanzania Communications Regulatory Authority Act.
(1) [Omitted].
(2) [Omitted].
(3) This Act shall apply to Mainland Tanzania as well as Tanzania Zanzibar.
(4) With respect to broadcasting and content matters, this Act shall not apply to Tanzania Zanzibar.
3. Interpretation <input type="hidden" name="aa" Â value="Acts Nos. 3 of 2010 s. 170; 9 of 2017 s. 26″/>
In this Act unless the context requires otherwise–
“annual report” means the annual report of the Authority referred to in section 53;
“Authority” means the Tanzania Communications Regulatory Authority established by section 4;
“Board” means the Board of Directors of the Authority referred to in section 7;
“Chairman” means the Chairman of the Board referred to in section 7(1)(a), and includes the Vice Chairman and any other person performing the functions of the Chairman;
“code of conduct” means a code of conduct adopted by the Authority in accordance with section 10(1);
“Committee” means a committee of the Authority established under section 20;
“Commission” means the Fair Competition Commission established under section 62 of the Fair Competition Act, 2003;
“Council” means the TCRA Consumer Consultative Council established by section 37;
“Consultation” means notify or seek views of the other party or person;
“Director” means a Director appointed under section 14;
“Director-General” means the Director-General of the Authority appointed under section 13;
“exclusivity of licence” means any licence condition granted to a licensee or operator to provide certain services thereby provided in the licence in exclusion of other operators for a number of years specified in the licence;
“inquiry” means an inquiry instituted by the Authority pursuant to section 18;
“Licence” means a licence issued under the provisions of this Act and sector legislation;
“member” means any member of the Board and includes the Chairman and the Director-General;
“Minister” means the Minister responsible for Communications except in relation to content regulation and broadcasting services;
“officer” means any member or employee of the Authority;
“Permanent Secretary”, means the Permanent Secretary of the Ministry for the time being responsible for the Authority;
“Public Register” means the Public Register of the Authority, kept by the Authority pursuant to section 23;
“regulated goods” means any equipment produced, supplied or offered for supply or for use in a regulated sector and includes any goods the Authority declares under section 46;
“regulated sector” means telecommunications, broadcasting, postal services, allocation and management of radio spectrum and converging electronic technologies including the internet and other Information Communication and Technologies (ICT) applications;
“regulated services” means any services supplied or offered for supply in a regulated sector and includes services which the Authority declares to be such services under section 46;
“regulated supplier” mean any person engaging in activities in or in connection with a regulated sector and includes service provider, operator licence or any other any person whom the Authority declares under section 46 to be such supplier;
“Secretary” means a Secretary to the Authority appointed under section 14(8);
“sector legislation” means any legislation related to the regulated sector or services;
“sector Minister” means the Minister for the time being responsible for a regulated sector;
“standards” includes technical and safety standards relating to the context of telecommunications, broadcasting, postal and information communications sectors;
“Tribunal” means the Fair Competition Tribunal established by section 83 of the Fair Competition Act, 2003.
PART II
THE AUTHORITY (ss 4-14)
4. Establishment of the Authority
(1) There is established a body to be known as the Tanzania Communications Regulatory Authority also known by its acronym “TCRA”.
(2) The Authority shall be a body corporate with perpetual succession and a common seal and shall, in its corporate name, 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 under this Act;
(d) entering into any contract or other transaction, and doing or suffering to do all such other acts and things which a body corporate may lawfully perform, do or suffer to be done.
(3) The common seal of the Authority shall be duly affixed if witnessed under hand by the Director-General or the Secretary of the Authority and any other person duly authorised on that behalf.
(4) A document in writing recording acts or decisions of the Authority may be executed or authenticated on behalf of the Authority under the hand of the Chairman, the Director-General or the Secretary of the Authority.
(5) Judicial notices shall be taken of the common seal of the Authority and any document executed or authenticated in accordance with this section.
(6) Notwithstanding the preceding provisions of this section, and the Authority having the status of a body corporate, the Attorney-General shall have the right to intervene in any suit or matter instituted by or against the Authority.
(7) Where the Attorney-General intervenes in any matter in pursuance of subsection (6), the provisions of the Government Proceedings Act, 1967 function a1(msg) { myWindow=window.open(”,”,’width=233,height=156,left=400 ,scrollbars=1,top=400,screenX=400,screenY=100′);myWindow.document.write(msg);}*, shall apply in relation to the proceedings of that suit or matter as if it had been instituted by or against the Government.
5. Duty of the Authority <input type="hidden" name="aa" Â value="Act No. 21 of 2003 s. 434″/>
(1) It shall be the duty of the Authority that in carrying out its functions it shall strive to enhance the welfare of Tanzania society by–
(a) promoting effective competition and economic efficiency;
(b) protecting the interest of consumers;
(c) protecting the financial viability of efficient suppliers;
(d) promoting the availability of regulated services to all consumers including low income, rural and disadvantaged consumers;
(e) enhancing public knowledge, awareness 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 of the Authority;
(f) taking into account the need to protect and preserve the environment.
(2) The Minister shall, pending appointment of members of the Board and the Director-General, perform functions and exercise powers vested in the Board and/or the Director-General.
(3) In the performance of the functions or the exercise of powers of the Board or of the Director-General, the Minister may, by order published in the Gazatte, designate a public authority or a public officer to perform the functions or exercise powers of the Board or the Director-General.
(1) The functions of the Authority shall be–
(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 establish standards for regulated goods and regulated services;
(iii) to establish standards for the terms and conditions of supply of the regulated goods and services;
(iv) to regulate rates and charges;
(v) to make rules for carrying out the purposes and provisions of this Act and the sector legislation;
(c) to monitor the performance of the 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 Broadcasting Commission;
(f) to disseminate information about matters relevant to the functions of the Authority;
(g) to consult with other regulatory authorities or bodies or institutions discharging functions similar to those of the Authority in the United Republic of Tanzania and elsewhere;
(h) to administer this Act;
(i) to perform such other functions as may be conferred on the Authority by this Act or any other law.
(2) The Authority shall not perform its functions in contravention of any international agreement to which the United Republic is a party.
(3) In the performance of its functions, the Authority shall not award or cancel a licence with an exclusivity period or universal service obligations or having a term of five or more years without prior consultation with the Minister and the relevant sector Minister.
(4) In addition to the preceding provisions of this section, the Minister may from time to time as occasion necessitates it, give to the Authority directions of a specific or general character on specific issues, other than in relation to the discharge of the regulatory function, arising in relation to any sector, for the purpose of securing the effective performance 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) shall be in writing and published in the Government Gazette.
(1) There is hereby established a Board which shall be the governing body of the Authority and shall consist of seven members as follows–
(a) a Chairman and Vice-Chairman who shall be non-executive;
(b) four non-executive members;
(c) the Director-General appointed under section 13.
(2) The Chairman and the Vice-Chairman shall be appointed by the President on basis of the principle that where the Chairman hails from one part of the Union, the Vice-Chairman shall be a person who hails from the other part of the Union.
(3) The four non-executive members shall be appointed by the Minister after consultation with the sector Ministers.
(4) The appointment will be made from the respective lists of shortlisted candidates submitted by Nomination Committee.
(5) In order to maintain impartiality of the Authority and for the purpose of avoiding conflict of interest, a person shall not be qualified for appointment as a member of the Authority if owing to the nature of the office he holds is likely to exert influence on the Authority.
(6) The members of the Board shall be paid such fees and allowances as may be determined by the Minister on the advice of the Authority.
(7) The provisions of the First Schedule to this Act shall have effects as to the composition of the Board, the tenure of office of its members, terminations of their appointment, the proceedings of the Board and other matters in relation to the Board and its members.
8. Nomination Committee and nomination
(1) There is established a Nomination Committee which shall be comprised of–
(a) the Permanent Secretary of the Ministry for the time being responsible for the Authority, who shall be the Chairman of the 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 person representing the public sector nominated by the Minister.
(2) One of the two persons referred to in subsection (1)(c) shall be nominated from a legally recognised body representative of the private sector, and the other person shall be nominated by the Council.
(3) The Council and the body representing the private sector shall both consult as widely as possible with industry organisation before nominating any person under subsection (2).
(4) The Authority shall pay all such allowances, fees and any other expenses incurred by the Nomination Committee, consultants or any other person in the course of his duties to the Authority, as it may be approved by the Minister from time to time.
(5) The proceedings and other matters in relation to the Nomination Committee shall be as provided for in the First Schedule to this Act.
9. Functions of Nomination Committee
(1) The functions of the Nomination Committee shall be to invite application scrutiny and shortlisting persons who apply for appointment as members of the Board of Directors and Director-General of the Authority.
(2) The Nomination Committee may take such actions as are reasonable necessary to identify and attract the best candidates by advertising.
(3) The Authority shall pay from its funds expenses incurred by the Nomination Committee in the course of the discharge of its 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) the Minister, eight names of persons to be considered for appointment as members of the Authority;
(c) the Minister, three names of persons to be considered for appointment as the Director-General of the Authority.
(5) The Minister, before submitting the names to the President for consideration for appointment of a Chairman and Vice Chairman or before he considers names for appointment of Members or Director General of the Authority shall, first consult with the Minister responsible for public broadcasting and content matters.
(1) Within the first twelve months from the commencement of this Act, the Authority shall adopt a code of conduct prescribing standards of behaviour to be observed by the members and employees of the Authority in the performance of their duties.
(2) Subject to subsection (1) before finally adopting a code of conduct the Authority shall–
(a) publish a draft of the code in the Gazette and in the Public Register; and
(b) hold an inquiry.
(3) The Authority shall place on the Public Register a copy of its code of conduct, and shall include in it an annual report on compliance with the code.
(4) The code of conduct adopted or prescribed under this section shall be binding to the Board Members and employees of the Authority, and may be amended from time to time.
(5) A member or employee of the Authority who is subject to this Act shall be considered to have breached the code if–
(a) he fails without reasonable cause to make declarations of his interests as required; or
(b) he knowingly makes a declaration false or misleading in material particulars thereby affecting the decision.
(1) A member or employee of the Authority shall be considered to have a conflict of interest for the purposes of this Act if he acquires any pecuniary or other interest that could conflict with the proper performance of his duties as a member or employee of the Authority.
(2) Where at any time a member of the Authority has 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 member shall immediately disclose the conflict of interest to the other members of the Authority and refrain from taking part, or any further part, in the consideration or determination of the matter.
(3) Where the Authority becomes aware that a member has a conflict of interest in relation to any matter which is before the Authority, the Authority shall direct the member to refrain from taking part, or taking any further part, in the consideration or determination of the matter.
(4) If the Chairman has a conflict of interest he shall, in addition to complying with the other provisions of this section, disclose the conflict to the Minister by written notice.
(5) Upon the Authority becoming aware of any conflict of interest it must make a determination as to whether in future the conflict is likely to interfere significantly with the proper and effective performance of the functions and duties of the member or the Authority and the member with the conflict of interest shall not vote on this determination.
(6) Where the Authority determines that the conflict is likely to interfere significantly with the member’s proper and effective performance as provided for in subsection (5), the member shall resign, except if within the next thirty days the member eliminates the conflict to the satisfaction of the Authority within thirty days.
(7) The Authority shall report to the Minister any determination by the Authority that a conflict is likely to interfere significantly with performance as above and whether or not the conflict has been eliminated to the satisfaction of the Authority.
(8) The annual report of the Authority shall disclose details of all conflicts of interest and the determinations arising during the period covered by the report.
12. Removal of members from office
(1) The President may, acting upon any advice given by the Minister after consultation with the relevant sector Minister, remove a member from office at any time if–
(a) the member is declared bankrupt;
(b) the member is convicted of a criminal offence;
(c) the member is in conflict of interest;
(d) the member is incapable of carrying out the member’s duties because of ill health or physical or mental impairment;
(e) he fails to attend at least two thirds of all meetings of the Authority in a period of consecutive twelve months.
(2) A member of the Board, including the Chairman and the Director-General, as well as an employee of the Authority, shall not, during a period of eighteen months after the expiration or termination of the term of office or service within the Authority–
(a) enter into any contract of employment with, or contract for the supply of services to, any person or organisation under the jurisdiction of the Authority during the member’s term of 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 organisation supplying services to any person or organisation under the jurisdiction of the Authority during the member’s term of office or employee’s service with the Authority.
{mprestriction ids=”1,2,3″}
(1) There shall be a Director-General of the Authority who shall be appointed by the Minister from amongst a list of names submitted by the Nomination Committee.
(2) A person shall not be qualified for appointment as Director-General unless he–
(a) is a graduate of a recognised university;
(b) possesses at least ten years experience in one or more of the fields of management, law, economics, finance or engineering;
(c) has knowledge and experience of the communications sectors;
(d) is willing to serve as the Director-General.
(3) The Director-General shall be appointed to serve on such terms and conditions as shall be set 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 engage in any other paid employment.
(5) The Director-General shall not participate in any deliberations or decisions of the Board relating to his terms and conditions of employment.
(6) The Director-General shall be responsible for the day-to-day operations of the Authority, subject to the directions of the Board.
14. Directors, consultants and other staff <input type="hidden" name="aa" Â value="Act No. 9 of 2017 s. 27″/>
(1) There shall be employed by the Authority, such number of Directors with respective responsibilities as may be assigned by the Authority.
(2) A director appointed under subsection (1), shall be a person who has proven knowledge and appropriate experience in matters related to electronic communication sector.
(3) A Director shall hold office for a term of five years and may, subject to satisfactory performance, be eligible for re-appointment for another term as the Authority deems necessary.
(4) There shall be employed by the Authority such other officers, staff and employees of the Authority of such number and titles as may be necessary for the efficient discharge of the functions of the Authority, and on such terms and conditions as may be determined by the Board.
(5) The Authority shall appoint consultants and experts of the Authority in various disciplines on such terms and conditions as the Authority may from time to time determine.
(6) The Authority shall establish a competitive selection procedure for the appointment of all employees, consultants and experts.
(7) The Authority shall comply with the competitive selection procedure established under subsection (6) whenever it appoints employees, consultants or experts.
(8) The Authority shall appoint a Secretary on such terms and conditions as it deems fit.
PART III
POWERS AND PROCEEDINGS OF THE AUTHORITY (ss 15-25)
15. General powers <input type="hidden" name="aa" Â value="Act No. 3 of 2010 s. 171″/>
(1) Subject to the provisions of this Act, the Authority shall have power to do all things which are necessary for or in connection with the performance of its functions or to enable it to discharge 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) such powers as provided for under the Second Schedule;
(c) the power to appoint an administrator to manage the business of a regulated supplier whose licence to operate has been cancelled as may be provided under sector legislation.
16. Powers to regulate rates and charges
(1) Subject to the provisions of sector legislation and licences granted under the legislation, the Authority shall carry out reviews of rates and charges.
(2) In making any determination with regards to regulating rates and charges, the Authority shall take into consideration–
(a) the costs of making, producing and supplying the goods 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 assets in comparable industries;
(d) the financial implications of the 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 Government Gazette all the rates tariffs and charges regulated by the Authority.
17. Power to obtain information, documents and evidence
(1) Where the Authority has reasons to believe that a person is capable of supplying information, producing a document or giving evidence that may assist in the performance of any of its functions, any officer of the Authority may, by summons signed by the Director-General or Secretary of the Authority served on that person, require that person–
(a) to furnish the information in writing, signed by him, in the case of a body corporate, signed by a competent officer of the body corporate;
(b) to produce the document to the Authority;
(c) to appear before the Authority to give evidence.
(2) A summons under this section shall specify the required time and manner of compliance.
(3) The Authority may require that any evidence referred to under this section be given on oath or affirmation, and in that case, the Director General, the Secretary or any officer of the Authority may 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, documents and evidence provided in answer to a summons will not be admissible in any proceedings against the person other than proceedings under this Act, sector legislation, the Fair Competition Act function a2(msg) { myWindow=window.open(”,”,’width=233,height=156,left=400 ,scrollbars=1,top=400,screenX=400,screenY=100′);myWindow.document.write(msg);}* or any environment protection legislation.
(5) Any person who without lawful excuse, refuses or fails to comply with a summons under this section, commits an offence and is liable on conviction to a fine of not less than the equivalent in Tanzanian shillings of United States dollars five hundred or to imprisonment for a term not less six months or both such fine and imprisonment.
(6) Where the Authority has reason to believe that a person is in possession or control of any information or document which may assist in the performance of its functions and that person has refused or failed to supply such information or document, the Director-General, Secretary or any officer of the Authority may apply to the Fair Competition Tribunal or a competent court for issuance of a warrant authorising a police officer to enter into any premises believed 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 of the Tribunal or any authorised person, may, on application issue a warrant authorising any police officer to forcibly enter the premises to conduct the search 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 summons under this section, commits an offence.
(1) The Authority may conduct an inquiry where it considers it necessary or desirable for the purpose of carrying out its functions.
(2) The Authority shall conduct an inquiry before exercising power to–
(a) grant, renew or cancel 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.
(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 Gazette and in a daily newspaper circulating generally in Tanzania specifying the purpose of the inquiry, the time within which submissions may be made to the Authority, the form in which submissions should be made, the matters the Authority would like the submissions to deal with and, in the case of an inquiry conducted at the direction of the Minister, the Minister’s terms of reference;
(b) sending written notice of the 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 of the inquiry;
(ii) the Consumer Consultative Council;
(iii) industry and consumer organisations 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 under this section.
19. Competition policy and contraventions of law on competition
(1) In carrying out its functions and exercising its powers under this Act, and under sector legislation in relation to particular markets for regulated services, the Authority shall take into account–
(a) whether the conditions for effective competition exist in the market;
(b) whether any exercise by the Authority is likely to cause any lessening of competition or additional costs in the market and is likely to be detrimental to the public;
(c) whether any such detriments to the public are likely to outweigh any benefits to the public resulting from the exercise of the powers.
(2) The Authority shall deal with all competition issues which may arise in the course of the discharge of the functions, and may investigate and report on those issues, making appropriate recommendations to the Commission or any other relevant authority in relation to–
(a) any contravention of the Fair Competition Act, 2003, the Tanzania Bureau of Standards Act, 1975 function a3(msg) { myWindow=window.open(”,”,’width=233,height=156,left=400 ,scrollbars=1,top=400,screenX=400,screenY=100′);myWindow.document.write(msg);}*, or any other written law;
(b) actual or potential competition in any market for regulated services competition or additional costs in the market and is likely to be detrimental to the public;
(c) any determinants likely to result to the members of the public.
(3) Subject to the provisions of subsections (1) and (2), the Authority shall place on the Public Register a copy of any recommendation.
20. Authority may sit in Committee
(1) There may be established in relation to a matter or matters of a particular kind, a Committee of the Authority composed of not less than two members of the Board.
(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 may not delegate under section 21, be exercised by a Committee of the Authority.
(3) Subject to the provisions of subsection (1), if the Chairman is not a member of a Committee, the Committee shall appoint a member to preside at the meetings of the Committee.
(4) A quorum at the meeting of a Committee shall be two members.
(5) Except as provided in this section, meetings of a Committee will be subject to the same rules as the meeting of the Authority.
(1) The Authority may delegate to a member or an employee of the Authority, either generally or otherwise as provided by the instrument of delegation, any of its powers other than the power of delegation, its powers to revoke or vary a delegation and the powers referred to in subsection (2).
(2) Notwithstanding the powers conferred to the Authority to delegate, the Authority shall not delegate any of the following powers, namely, power to–
(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.
22. Judicial proceedings where the Authority is not a party
(1) In any judicial proceedings to which the Authority is not a party and which deal with the interpretation or application of this Act or any regulations made or licence issued under this Act, or in which any matter related to electronic or postal communications arises, the court before which such proceedings are being conducted may, upon its own initative or at the request of any party to such proceedings, require the Authority to make oral or written submissions to the court within such period as the court may specify.
(2) The powers of the court under subsection (1) shall be subject to the following–
(a) the Authority shall not be obliged to make any submissions unless the matter in respect of which such submissions are required relates specifically to electronic or postal communications;
(b) any submission made by the Authority shall be–
(i) considered by the court but not be binding upon the court;
(ii) confined to the legal and technical issues relevant to the proceedings concerned, and shall not deal with the factual aspects of those proceedings unless the court specifically require the Authority to make submissions on such factual aspects;
(iii) made on oath to the extent that they deal with the factual aspects of the proceedings concerned, as contemplated in paragraph (ii) of this subsection.
(c) the parties to the proceedings shall be entitled to–
(i) reply to or comment on any submissions of a legal or technical nature made by or on behalf of the Authority; and
(ii) reply to or comment on any written submissions on factual matters made by or on behalf of the Authority, and cross-examine any person who gives oral evidence on factual matters on behalf of the Authority.
(3) No member or employee of the Authority shall be held personally liable for any act or default of the Authority done or omitted bona fide in the course of carrying out the responsibilities and functions of, or exercising the power conferred upon the Authority.
23. Consultation with consumers, industry and government <input type="hidden" name="aa" Â value="Act No. 3 of 2010 s. 172(b)”/>
(1) The Authority shall, before the beginning of each year, establish an annual programme for consultation with such persons and organisations as the Authority may consider necessary or desirable to consult for the purpose of effectively carrying out its functions.
(2) Subject to provisions of subsection (1), the Authority shall supply a copy of its 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 of its consultation programme during the year covered by the Report.
(4) For the purpose of this section, it shall be the duty of the Authority to establish and identify the persons, organisations and institutions to be consulted.
24. Public Register <input type="hidden" name="aa" Â value="Act No. 3 of 2010 s. 172(b)”/>
(1) There shall be a Public Register kept by the Authority at its principal office, which shall be available for public inspection at all times during business hours.
(2) There shall be kept at the sub-office of the Authority copies of the Public Register which shall be accessible for inspection by members 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.
(4) The Authority shall cause to be published in the Gazette as soon as may 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 for the regulated goods or services;
(d) any other decision or information the Authority may decide to publish in the Gazette.
(5) The Authority shall exclude from the Public Register any document or part of a document 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.
25. Confidentiality <input type="hidden" name="aa" Â value="Act No. 3 of 2010 s. 172(b)”/>
(1) For the purposes of this Act, any person who gives or discloses any material to the Authority, whether under compulsion of law or otherwise, that person may claim confidentiality in respect of the whole or any part of the material.
(2) The Authority shall set out procedures and publish in the Gazette on how it will disclose its confidential materials or information.
(3) Any person who discloses confidential information otherwise than as authorised by the Authority, commits an offence.
PART IV
CONTENT COMMITTEE AND ITS FUNCTIONS (ss 26-31)
26. Definitions <input type="hidden" name="aa" Â value="Act No. 3 of 2010 s. 172(b)”/>
In this Part–
“Charter” means an agreement entered between the Government and the Tanzania Broadcasting Services with regard to the provision of public service broadcasting in the country;
“Content Committee” or a “Committee” means a Committee established under section 26 which shall be responsible for regulation of broadcast content transmitted by any broadcasting station or any electronic communication media as a broadcasting service;
“electronic communication media” means radiocommunication system used or intended to be used for radiocommunications;
“Minister” as used under this Part and Part V means the Minister responsible for Public Broadcasting and Content Committee matters;
“radiocommunication” means any telecommunication by means of Hertzian or radio waves.
27. Establishment of the Content Committee <input type="hidden" name="aa" Â value="Act No. 3 of 2010 ss. 172(b) and 173″/>
(1) There shall be established by the Minister a Content Committee, herein this Part referred to as the Committee.
(2) The Committee shall consist of not more than five members–
(a) the Board shall appoint within its members one member to be the Chairperson of the Committee;
(b) four members appointed by the Minister upon consultation with the Chairman of the Board;
(c) the Committee shall co-opt an expert or any person as it considers necessary.
(3) In appointing members of the committee under section (2), the Minister shall have regard to appoint persons who–
(a) are graduates of a recognised 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) have satisfied the Minister that they are unlikely to have a conflict of interest under section 11 and will not have any financial or other interest which will be likely prejudicially affect the carrying out of any functions under this Part;
(e) are willing to serve as members;
(f) have regard to the desirability of ensuring that the person appointed is able to represent the interest and opinions of persons living in all the different parts of the country; and
(g) are in the opinion of the Minister, otherwise suitable to perform the functions and duties of a member competently and honestly.
28. Powers and functions of the Content Committee <input type="hidden" name="aa" Â value="Act No. 3 of 2010 s. 172(b)”/>
(1) The Committee shall have such powers and functions as the Authority may determine in the exercise of the powers conferred under sections 5 and 6 of the Act and in particular shall–
(a) advise the Sector Minister on broadcasting policy;
(b) monitor and regulate broadcast content;
(c) handle complaints from operators and consumers; and
(d) monitor broadcasting ethics compliance.
(2) The Committee shall have such functions as the Authority, in the exercise of the powers under this Part may confer to the Committee.
(3) The Authority may determine the functions of the 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 broadcast or otherwise transmitted by means of electronic Communications networks; and
(b) the promotion of public understanding of awareness of matters relating to the publication of matter by means of the electronic media.
(4) In determining what functions to confer on the Committee, the Authority shall have in particular regard to the desirability of securing that the Committee have at least 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 respect to different parts of the Mainland Tanzania.
(5) It shall be the duty of the Committee to ensure, in relation to–
(a) the carrying out of Authority’s functions under this 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 may determine,
that the Authority is aware of the different interests and other factors, which in the Committee’s opinion, need to be taken into account in respect to the different parts of the Mainland Tanzania in relation to the carrying out of the Authority’s functions.
(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.
28A. Functions of the Committee
(1) In addition to the functions conferred upon it by the Authority in terms of section 30 of this Act, the Committee shall–
(a) as soon as reasonably practicable after the commencement of this Act, make recommendations to the Minister or the Authority, as the case may be, regarding the making of regulations and rules of the content of services provided by content service licensees and, in particular, regarding the following aspects–
(i) a code of conduct applicable to different market segment of content provided by content services licensees;
(ii) the provision of content relating to events of national interest;
(iii) the provision of content relating to news and current affairs;
(iv) the extent to which content provided by content applications service licensees should be produced in the United Republic, should constitute original productions and should be produced by independent producers;
(v) the languages in which content is to be made available by content service licensees;
(vi) the provision of content of an educational nature;
(vii) the provision of content designed to cater for the needs and interests of deaf and visually-impaired persons;
(viii) the provision of content of a political nature;
(ix) advertising and sponsorships;
(x) protection of children; and
(xi) community broadcasting;
(b) from time to time, as it deems necessary, make recommendations to the Minister and the Authority, as the case may be regarding–
(i) the amendment or revocation of regulations or rules made by the Minister or the Authority pursuant to recommendations made by the Committee in terms of paragraph (a) of this subsection.
(ii) the introduction of such new regulations or rules relating to matters listed in paragraph (a) of this subsection (1) or relating to matters reasonably incidental to matters so listed.
(2) The power of the Minister in terms of section 33 of this Act to give directions to the Committee shall not apply to the formulation of recommendations under subsection (1).
(3) In exercising its power of making recommendations to the Minister or the Authority in terms of paragraph (a) of subsection (1) of this section, the Committee shall–
(a) seek to promote the development and growth of the communications industry in the United Republic;
(b) have due regard to the rights to freedom of expression and information entrenched in Article 18 of the Constitution;
(c) promote the dissemination of a diverse range of information, education content and the provision of entertainment which, when viewed collectively, caters for all language, cultural and other interest groups;
(d) endeavour to promote investment in, and the stability of, the communications industry;
(e) seek to facilitate the achievement of the objectives listed in section 13 of this Act;
(f) promote standards that provide adequate protection to members of the public from the inclusion of offensive and harmful material in content provided by content applications service licensees;
(g) promote standards, in relation to content provided by content applications service licensees, that provide adequate protection to members of the public and other persons from–
(i) unfair treatment in such content; and
(ii) unwarranted infringements of privacy.
(4) The Minister or the Authority shall, after receipt of a recommendation from the Committee, make regulations or rules of the nature contemplated in such recommendation.
(1) Whenever the Committee intends to make recommendations to the Minister or the Authority regarding the making of regulations and rules, as contemplated in subsection (2) of section 31, the Committee shall publish a notice in the Gazette–
(a) expressing its intention to make the proposed recommendations;
(b) specifying the subject matter of the proposed recommendations;
(c) inviting interested persons to make written or oral submissions, or both written and oral submissions, as the Committee in its discretion may determine, in relation to the subject matter of the proposed recommendations; and
(d) specifying the time periods for the making of such submissions.
(2) Any interested person shall be entitled to make submissions to the Committee in the manner and within the period specified in the notice contemplated in subsection (1), regarding the proposed recommendations.
(3) After considering all submissions by interested parties, it shall publish its draft recommendations in the Gazette, together with an invitation to interested parties to submit written comments on the draft recommendations to the Committee within twenty-one days of the publication of such invitation.
(4) The Committee after considering the comments made by interested parties in terms of subsection (3), the Committee shall make its recommendations to the Minister or the Authority, as the case may be and shall simultaneously give notice in the Gazette of such recommendations.
(5) The Authority shall make rules or regulations to regulate acquisition by the Subscription Content Service Providers of exclusive rights for broadcasting sporting events that are of national interest.
(6) The Content Service Providers shall comply with copyright law and regulations.
(7) The Subscription Broadcasting Licensees shall apply encryption to prevent access to unauthorised subscription of their content.
(8) The Subscription Broadcasting Licensees shall comply with broadcasting flag provision.
29. Powers of the Minister <input type="hidden" name="aa" Â value="Act No. 3 of 2010 s. 172(b)”/>
(1) The Minister under this Part, shall exercise his powers in respect to matters of national security, public safety and crisis or emergency.
(2) It shall be the duty of the Minister when appointing members of the Content Committee to appoint members who are not employees of the Authority or broadcasting organisations.
30. Meetings and procedures of the Committee <input type="hidden" name="aa" Â value="Act No. 3 of 2010 s. 172(b)”/>
(1) An ordinary meeting of the Committee shall be four times yearly convened by the Chairman and the notice will issue specifying the date, place and time of the meeting which shall be sent to each member at his usual place of business or residence not less than ten days before the date of the meeting and where the Chairman is unable to act or is absent, the Vice Chairman elected by the members amongst themselves shall preside at the meeting.
(2) The Committee shall conduct its extraordinary meeting as often as necessary for the Committee to transact its business.
(3) The members of the Committee shall be paid such allowances and fees as may be determined by the Minister, on the advice of the Authority.
(4) No act or proceeding of the Committee shall be invalid by reason of any defect or irregularity in the appointment of any member or by reason that any person who purported bona fide to act as a member at the time of the 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 of the Committee without sufficient cause, the committee shall advise the appointing authority of the fact and the appointing authority may terminate the appointment of the member and appoint another member in his place.
(6) Subject to this Part, the Committee shall have power to regulate its own procedure in relation to its meetings and the transaction of its business.
(7) The duration of the Committee members shall be three years from the date of their appointment but, may be eligible for re-appointment for another one term.
31. Powers of the Authority in relation to the Committee <input type="hidden" name="aa" Â value="Act No. 3 of 2010 s. 172(b)”/>
(1) The powers of the Authority to determine the Committee’s functions includes power to authorise the Committee to establish sub-committees and panels to advise the Committee on the carrying out of some or all of the Committee’s functions.
(2) The power of the Authority to authorise the establishment of a sub-committee or panel by the Committee includes power to authorise the establishment of a sub-committee or panel that includes persons who are not members of the Committee.
PART V
THE TANZANIA BROADCASTING SERVICES (TUT) (ss 32-33)
32. Establishment of Tanzania Broadcasting Services <input type="hidden" name="aa" Â value="Act No. 3 of 2010 s. 172(b)”/>
(1) There is established under section 4 of the Public Corporation Act, a Tanzania Broadcasting Services in Kiswahili known as Taasisi ya Utangazaji Tanzania known in its acronym TUT.
(2) The functions of Tanzania Broadcasting Services shall be as provided for under the Public Corporation (The Tanzania Broadcasting Services) (Establishment) Order, 2002 function a4(msg) { myWindow=window.open(”,”,’width=229,height=85,left=400 ,scrollbars=1,top=400,screenX=400,screenY=100′);myWindow.document.write(msg);}*.
33. Functions of the Authority in relation to the Tanzania Broadcasting Services <input type="hidden" name="aa" Â value="Act No. 3 of 2010 s. 172(b)”/>
(1) It shall be the functions of the Authority to–
(a) ensure that, there is a provision for a charter made between the Tanzania Broadcasting Services and the Minister responsible for broadcasting;
(b) to ensure that, the charter entered between the Tanzania Broadcasting Services and the Minister responsible for broadcasting empowers the Tanzania Broadcasting Services to become a public service broadcaster;
(c) to ensure that the charter empowers the Tanzania Broadcasting Services to have universal service obligations.
(2) Subject to the provisions of this Act, the charter shall prescribe categories of services to be provided by the Tanzania Broadcasting 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 Tanzania Broadcasting Services by a charter may include power to impose penalties by the Authority on Tanzania Broadcasting Services in respect of any contraventions of the charter or of the provisions of this 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 PROCEDURES (ss 34-37)
34-35. Repealed <input type="hidden" name="aa" Â value="Act No. 3 of 2010 ss. 172(b) and 175″/>
[Repealed by Act No. 3 of 2010 s. 175]
36. Decision be placed on the Public Register <input type="hidden" name="aa" Â value="Act No. 3 of 2010 ss. 172(b) and 176″/>
(1) A decision by the Authority, a committee of the Authority, member or employees of the Authority shall, if there is no preference of an appeal against such decision, be placed on the Public Register.
(2) Where there is an appeal or intended appeal against a decision of the Authority, a Committee of the Authority or a member or employee of the Authority, that decision shall not be placed on the Public Register until the appeal is determined.
37. Appeal to the Competition Tribunal against decisions of the Authority <input type="hidden" name="aa" Â value="Act No. 3 of 2010 s. 172(b)”/>
(1) Any person aggrieved by the decision of the Authority or any other decision made in connection to the purposes of this Act may appeal to the Fair Competition Tribunal.
(2) Subject to the provisions of the subsection (1), the grounds of appeal shall be on the following, that–
(a) the decision made was not based 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.
(3) Notwithstanding the provisions of sections 35, the decision of the Fair Competition Tribunal shall be final.
PART VII
THE COUNCIL (ss 38-40)
38. Establishment of the Council <input type="hidden" name="aa" Â value="Act No. 3 of 2010 s. 172(b)”/>
(1) There is hereby established a Council to be known as the TCRA Consumer Consultative Council.
(2) The Council shall consist of not less than seven members and not more than ten members appointed by the Minister from amongst a list of names provided by members of the business community or by an organisation or organisations legally recognised as being representative of private sector interest.
(3) Tenure of office of the members of the 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 newspaper or newspapers circulating widely in the country invite nominations for appointments and having received them, publish the names and call for comments, objections or representations from the public concerned.
(5) In nominating and appointing persons for the Council, the members of the private sector and the Minister shall have regard to the desirability of the Council as a group having knowledge and understanding of the interests of consumers and that of the regulated services, including the interest of–
(a) low income, rural and disadvantaged persons;
(b) industrial and business users;
(c) government and community organisations.
(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 members shall elect the Vice-Chairman from amongst their number.
39. Powers and functions of the Council <input type="hidden" name="aa" Â value="Act No. 3 of 2010 s. 172(b)”/>
(1) The Council shall have powers and perform the following functions, namely–
(a) to represent the interest of consumers by making submissions to, providing views and information to and consulting with the Authority, Minister and sector Ministers;
(b) to receive and disseminate information and views on matters of interest to consumers of regulated 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 matters of interest to consumers of regulated goods and services.
(2) The Authority shall in the first three years of the existence of the Council provide for the secretariat, and thereafter the Council shall have its own Secretariat.
(3) The functions of the Secretariat shall be as may be directed by the Council.
(4) The Council shall have power to regulate its own procedure in relation to the performance of its business.
(5) Subject to subsections (1), (2) and (3), the Chairman in consultation with the members may convene meetings at least four times a year.
(6) The Chairman shall preside at meetings of the Council and in his absence members present may appoint one of their number to preside at the meeting.
(7) A quorum at a meeting of the Council shall be four members.
<input type="hidden" name="aa" Â value="[PCh172s40]”/>40. Funds of the Council and annual report <input type="hidden" name="aa" Â value="Act No. 3 of 2010 s. 172(b)”/>
(1) The funds and resources of the council shall consist of–
(a) such sums as may be appropriated by Parliament for the purposes of the Council during the first three years of the existence of the Council;
(b) such sums as may be appropriated from the funds of the Authority for the purposes of the Council;
(c) grants, donations, bequests or other contributions.
(2) The Council shall prescribe procedure for enabling members of the business community and organisations representative of the private sector to contribute to and budget for all the meetings and transactions of the Council.
(3) The Council shall keep books of account and maintain proper records of its operations in accordance with public accounting standards.
(4) The Council shall at any time, and at the end of each financial year have the accounts of the Council audited by a person registered under the Auditors and Accountants (Registration) Act function a5(msg) { myWindow=window.open(”,”,’width=234,height=156,left=400 ,scrollbars=1,top=400,screenX=400,screenY=100′);myWindow.document.write(msg);}* appointed by the Council on such terms and conditions as the council may determine.
(5) The Council shall prepare an annual report in relation to each year ended 30th June and submit it to the Minister before 30th September in that year.
(6) The annual report shall provide detailed information regarding the activities of the Council during the previous year ended 30th June 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 annual report of the Council.
(7) Subject to subsection (5), the annual report of the Council shall include the financial statements of the Council for the immediately preceding financial year and the auditor’s report based on the aforementioned financial statements.
(8) The Council shall prepare a budget and submit to the Minister for approval before the end of each financial year for the following financial year showing estimates of its receipts and expenditures for the following financial year.
(9) At the Authority’s request the Council shall commission any person to assess and report on the extent to which the budget represents a fair and reasonable projection of the income and expenditure of the Council for the relevant year and shall submit that report to the Minister.
PART VIII
COMPLAINTS AND DISPUTE RESOLUTION (ss 41-45)
41. Complaints <input type="hidden" name="aa" Â value="Act No. 3 of 2010 s. 172(b)”/>
(1) This section shall apply to any complaint against a supplier of regulated goods or services in relation to any matter connected with the supply, possible supply or purported supply of the goods or services.
(2) Where a complaint is referred to or otherwise comes to the attention of the Authority and it appears to the Authority that–
(a) the complainant has an interest in the matter to which the complaint relates; and
(b) the complaint is not frivolous or vexatious, the Authority shall investigate the matter.
(3) Where it appears to the Authority at any time during or after its investigation that the supplier has not considered the complaint, or has not considered it adequately, the Authority may refer the complaint to the supplier with a request that the supplier should consider or re-consider the complaint.
(4) The Authority may make representations to the supplier on behalf of the complainant or to the complainant on behalf of the supplier as the Authority sees fit.
(5) Subject to the provisions of this Act, if a complaint is not resolved to the satisfaction of a complainant within sixty days after the Authority first became obliged to investigate it, the complainant may by writing signed by him request the Authority to refer the complaint to a Committee of the Authority for decision.
(6) After the complaint is referred to a Committee for decision as provided under subsection (5), the complainant and the supplier shall be parties to the reference.
(7) For the purposes of dealing with consumer complaints, the Authority shall establish a dedicated unit which shall receive and follow up on complaints from consumers.
(8) The units referred to in subsection (7) shall investigate all complaints and attempt to resolve the complaints amicably, and in the event they cannot be resolved within thirty to sixty days, the Committee concerned shall present its findings and recommendations to the Authority for action.
(9) Subject to the provisions of this section, the Authority shall in each case make a ruling to be carried out by the Division concerned.
42. Procedure and powers of the Authority <input type="hidden" name="aa" Â value="Act No. 3 of 2010 ss. 172(b) and 177″/>
(1) The Authority may make an order requiring a party to–
(a) supply goods or services for specified periods;
(b) to pay the costs of another party or of a person appearing at the hearing or producing documents;
(c) to pay the costs of another party or of a person appearing at the hearing or producing documents.
(2) Without prejudice to the generality of subsection (1), the Authority may make further order–
(a) dismissing a complaint;
(b) imposing fines;
(c) for specific performance;
(d) for refunds;
(e) appointing trustees;
(f) setting up of escrow accounts; and
(g) for such other relief as may be deemed necessary or reasonable.
43. Appeals to the Fair Competition Tribunal <input type="hidden" name="aa" Â value="Act No. 3 of 2010 ss. 172(b) and 178″/>
(1) This section shall apply to any award of the Authority under which a party has been ordered–
(a) to pay money in excess of an amount specified in regulations under this Act;
(b) to supply goods or services having a market value in excess of an amount specified in regulations under this Act;
(c) to pay money and supply goods and services where the total amount of the money and the value of the goods or services exceeds an amount, or have market value in excess of an amount specified in regulations under this Act.
(2) Where a party is not satisfied with an award to which this section applies he may appeal to the Fair Competition Tribunal within twenty-one days, thereafter the award shall be placed on the Public Register.
(3) Subject to the provisions of this Act, the grounds of appeal to the Tribunal shall be as follows that–
(a) the award was not reasonably open to the Authority based on the evidence;
(b) there was an error in law;
(c) the procedures or other statutory requirements applicable to the Authority were not complied with and the non-compliance materially affected the award;
(d) the Authority did not have power to make the award.
(4) The Tribunal shall, after hearing an appeal, do any one or more of the following–
(a) dismiss the appeal in whole or in part;
(b) set aside the award in whole or in part and refer outstanding matters to the Authority for re-determination with or without directions as to the matters to be taken into account in the re-determination.
(5) Any decison of the Authority in exercising regulatory powers granted under this Act shall be given effect to, whether or not the aggrieved party institutes or intends to institute an action in a court of law, quasi-judicial body or makes any further representations to the Authority after the decision is made.
44. Inconsistency with sector legislation <input type="hidden" name="aa" Â value="Act No. 3 of 2010 s. 172(b)”/>
(1) Subject to subsection (2), where there is any inconsistency between the provisions of this Act and the provisions of a sector Act, this Act shall prevail and the sector legislation will be read down to the extent of the inconsistency.
(2) Where a sector Act has been passed and that Act expressly provided that the provision of that Act will supercede or prevail over the provision of this Act the provision of sector legislation shall prevail and this Act shall be read down to the extent of the inconsistency.
45. Inconsistency with other law <input type="hidden" name="aa" Â value="Act No. 3 of 2010 s. 172(b)”/>
(1) A person shall not contravene a provision of the Fair Competition Act, 2003 or the Bureau of Standards Act, 1975 function a6(msg) { myWindow=window.open(”,”,’width=233,height=156,left=400 ,scrollbars=1,top=400,screenX=400,screenY=100′);myWindow.document.write(msg);}* by reason only of engaging in a conduct or refraining from engaging in a conduct permitted under this Act, sector legislation or any subordinate legislation or instrument under any of the aforementioned Acts–
(a) requires the persons to engage or refrain from engaging in the conduct or conduct of that kind; or
(b) authorises or approves the person engaging or refraining from engaging in conduct of that kind.
(2) Where the Commission is of the opinion that any conduct required, authorised or approved by the Authority–
(a) would be in breach of the Fair Competition Act, 2003 if subsection (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 subsection (2), he may direct the Authority to take necessary steps to ensure that the conduct described by the Commission is not required, authorised or approved by the Authority.
PART IX
ENFORCEMENT AND COMPLIANCE (ss 46-49)
46. Compliance <input type="hidden" name="aa" Â value="Act No. 3 of 2010 ss. 172(b) and 179″/>
(1) Where the Authority is satisfied that a person has committed or is likely to commit an offence against this Act or a sector legislation, it may make a compliance order under this section.
(2) Any person against whom a compliance order is made shall comply with the order.
(3) A compliance order may require a person to refrain from the conduct which is in contravention of the provisions of this Act or regulations made under this Act or sector legislations to take actions required to be taken in order to comply with this Act or to pay fine as accessed by the Authority.
(4) A compliance order shall be made in writing specifying the grounds for its making and shall be enforceable as an order of the High Court.
(5) A copy of a compliance order shall be placed on the Public Register and a copy shall be served on the person against whom it is made.
(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 of the facts to which it relates.
(7) Any person who wilfully delays or obstructs an inspector or a police or other authorised officer in the exercise of powers conferred upon him by or under this Act; commits an offence and shall be liable on conviction to a fine not exceeding five million shillings or to imprisonment for a term not exceeding twenty-four months or to both that fine and that imprisonment.
(8) A court convicting a person of an offence under this Act may, in addition to any penalty that it may impose, order the forfeiture to the government of any electronic communication or broadcasting apparatus or other material in relation to it in connection with or by means of which the offence was committed.
(9) Notwithstanding subsection (2), no order of forfeiture shall be made where it is proved that the broadcasting apparatus in question is not owned by the person so convicted, and if the owner proves that he did not have any knowledge of the unlawful use of the apparatus by the person so convicted and could not have reasonably prevented such use.
47. Declarations <input type="hidden" name="aa" Â value="Act No. 3 of 2010 s. 172(b)”/>
(1) A part from other functions upon which the Authority is empowered to perform, it can also make declarations on–
(a) particular goods or services, or particular classes of goods or services on and regulated goods or services for purposes of this Act;
(b) particular persons or classes of persons and regulated suppliers for the purposes of this Act;
(c) particular activities are in or in connection with a regulated sector; or
(d) varying, amending, reviewing or revoking previous declarations made under this section.
(2) Subject to reviews or appeals under Part IV, declarations by the Authority made under this section shall be conclusive for the purpose of this Act.
(3) Declarations made by the Authority shall not be inconsistent with this Act, a sector legislation or subsidiary legislation made under this Act.
(4) Before making any declaration under this section, the Authority shall furnish the Minister with a draft or the proposed declaration, and shall afford the Minister the opportunity to consult with the Authority and with any sector Minister about the draft declaration within twenty days after the draft is supplied to the Minister and, if requested to do so by the Minister within that twenty days period.
(5) A copy of the declaration made under this section shall be placed on the Public Register.
48. Regulations and rules <input type="hidden" name="aa" Â value="Act No. 3 of 2010 ss. 172(b) and 180″/>
(1) The Minister may make regulations and rules which are not inconsistent with this Act or a sector legislation as he considers necessary or desirable to give effect to the provisions of this Act.
(2) The Authority may, in consultation with the Minister make rules with respect to–
(a) code of conduct;
(b) records to be kept, including the form and content of accounting and business records, and information and documents to be supplied to the Authority by regulated suppliers;
(c) standards of regulated goods and services;
(d) terms and conditions of supply of regulated goods and services;
(e) conduct in connection with the production, distribution and 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 circumstances in which, and the terms and conditions on which, a supplier or intending supplier of regulated goods or services shall be able to gain access to facilities owned or controlled by another person;
(j) such other matters as the Authority considers necessary or desirable to give effect to this Act.
(3) Rules made under subsection (1) shall not be inconsistent with this Act, a sector legislation or regulations made under this Act.
(4) Any person who contravenes or fails to comply with rules made under this section, commits an offence and is liable on conviction to a fine of not less than the equivalent in Tanzanian shillings of United States dollars three thousand.
49. Offences <input type="hidden" name="aa" Â value="Acts Nos. 3 of 2010 ss. 172(b) and 181; 3 of 2021 s. 47″/>
(1) Any person who contravenes or fails to comply with a provision of this 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 thousand 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 he–
(a) aids, abets, counsels or procures;
(b) conspires with others,
to commit an offence against this Act.
(3) Any person, who suffers loss or damage as a result of an offence against this Act, may recover by compensation for such loss or damage from the person who committed that offence whether or not that person has been convicted of an offence.
(4) Any person, making a claim under subsection (3) within four years after the loss or damage is suffered or within four years after the person becomes aware of the offence, whichever is the later, a claim shall be made by way of a complaint provided for under section 40 of this Act.
(5) Where a person charged with an offence under this Act is a body corporate, every person who, at the time of the commission of the offence was a director, manager or officer of the body corporate may be charged jointly in the same proceedings with such body corporate and where the body corporate is convicted of the offence, every such director, manager or officer of the body corporate shall be deemed to be guilty of that offence unless he proves that the offence was committed without his knowledge or that he exercised all due diligence to prevent the commission of the offence.
(6) For the purposes of this section, any partner of a firm shall be jointly and severally liable for the acts or omissions of any other partner of the same firm done or omitted to be done in the course of the firm’s business.
(7) For the purpose of the provision of this section, a penalty for non-compliance of an order of the Authority made under this Act shall be a fine which shall be equal to a civil debt as assessed by the Authority.
(8) All funds of the Authority shall be deposited into a bank account opened at the Bank of Tanzania and Authority’s expenditure shall be disbursed according to the approved budget of the Authority and upon approval of the Paymaster General.
PART X
FINANCIAL PROVISIONS (ss 50-55)
50. Funds of the Authority <input type="hidden" name="aa" Â value="Act No. 3 of 2010 s. 172(b)”/>
(1) The funds and sources of the Authority shall consist of–
(a) fees collected by the Authority including fees payable for the grant and renewal of licences;
(b) levies collected from regulated suppliers;
(c) all the payments or property due to the Authority in respect of any matter incidental to its functions; and
(d) any grants, donations, bequests or other contributions made to the Authority.
(2) The Authority shall by rules made under section 47 require regulated suppliers to pay annual levies to the Authority calculated as a percentage of the revenues of regulated suppliers from the supply of regulated goods and services.
(3) An annual levy payable under subsection (2) shall not exceed 1.5 per cent of the gross operating revenue of regulated 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 and Public Register prescribe licence fees and other fees to be paid by persons in connection with the procedures of the Authority.
(6) The Authority shall disclose details of the sources of its funds in the Annual Report.
(7) The Authority shall not accept any grant or donation from a regulated supplier.
51. Surplus funds <input type="hidden" name="aa" Â value="Acts Nos. 11 of 2006 s. 31; 3 of 2010 s. 172(b)”/>
(1) As soon as may be reasonably practical after the end of each financial year, the Authority shall deposit to a special account all surplus funds of the Authority.
(2) The Authority shall use funds from the special account only for one or more of the following purposes–
(a) consumer education or information projects;
(b) special non-recurring projects;
(c) subventions to the Universal Communications Service Access Fund;
(d) budgeted capital expenditure;
(e) major rate regulating inquiries;
(f) training, research and development.
52. Accounts and financial audit <input type="hidden" name="aa" Â value="Act No. 3 of 2010 ss. 172(b) and 182″/>
(1) The Authority shall keep books of accounts and maintain proper records of its operations in accordance with commercial accounting standards.
(2) The accounts of the Authority may at any time and shall, at the end of each financial year, be audited by a person registered as an auditor under the Accountants and Auditors (Registration) Act function a7(msg) { myWindow=window.open(”,”,’width=234,height=156,left=400 ,scrollbars=1,top=400,screenX=400,screenY=100′);myWindow.document.write(msg);}*, appointed by Controller and Auditor General in consultation with the Authority.
53. Performance audit <input type="hidden" name="aa" Â value="Act No. 3 of 2010 s. 172(b)”/>
(1) The Controller and Auditor-General shall at least once every two years and more frequently as he sees fit, conduct a performance audit by the Authority of its functions including its performance in relation to key performance indicators.
(2) The Controller and Auditor-General may, where necessary conduct additional audit of the Authority as requested by the Minister.
54. Annual report <input type="hidden" name="aa" Â value="Act No. 3 of 2010 s. 172(b)”/>
(1) Before 30th September each year, the Authority shall prepare an annual report in respect of that year up to 30th June and submit it to the Minister, who shall lay it before the National Assembly.
(2) The annual report shall provide detailed information regarding the exercise of the functions and powers of the Authority during the year to which it relates and shall include–
(a) a copy of the audited accounts of the Authority as per section 51;
(b) a copy of the report of the Controller and Auditor-General on the performance audit carried out under section 52 of the Act during the year to which the annual report relates;
(c) such information and other material as the Authority may be required by this Act or the regulations to include in the annual report.
55. Budget <input type="hidden" name="aa" Â value="Acts Nos. 13 of 2008 s. 45; 3 of 2010 s. 172(b); 3 of 2013 s. 51″/>
(1) Before the end of each financial year, the Authority shall prepare a budget for the following financial year showing estimates of its receipts and expenditure for the following financial year.
(2) Subject to the provision of subsection (1), the Authority shall inform the Minister of its budget for the following financial year by submitting a copy to the Minister.
(3) Where the Minister so requests, the Authority shall commission the Authority’s auditor to assess and report on the extent to which the budget represents a fair and reasonable projection of the income and expenditure of the Authority for the relevant year.
(4) The Authority shall deliver to 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 (ss 56-59)
56. Transitional provisions and savings <input type="hidden" name="aa" Â value="Act No. 3 of 2010 s. 172(b)”/>
(1) Notwithstanding the enactment and operation of this Act in relation to the relevant sectors, any licences and permits granted prior to the commencement of this Act in relation to the production, distribution or supply of regulated goods or services in the said sectors 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 any person under a licence or permit granted prior to the commencement of this Act or any contract entered into prior to the commencement of this Act.
57. Transfer of assets and liabilities <input type="hidden" name="aa" Â value="Act No. 3 of 2010 s. 172(b)”/>
(1) As from the effective date, such movable and immovable property vested in the Tanzania Broadcasting Commission and the Tanzania Communication Commissions and all assets, interests, rights, privileges, liabilities or obligations of the Tanzania Broadcasting Commission and the Tanzania Communications Commission shall be transferred to and shall be vested in the Authority without further assurance.
(2) If any question arises as to whether any particular property, or any particular asset interest, right, privilege, liability on obligation has been transferred to or vested in accordance with the provisions of subsection (1), a certificate under the hand of the Minister shall be conclusive evidence that the property, asset, interest, right, privilege, liability or obligation was or was not so transferred or vested.
58. Continuation and completion of disciplinary proceedings <input type="hidden" name="aa" Â value="Act No. 3 of 2010 s. 172(b)”/>
(1) Where on the effective date any disciplinary proceedings were pending against any employee of the Tanzania Broadcasting Commission or the Tanzania Communications Commission who may join the service of the Authority, such proceedings shall be carried on and completed by the Authority and, where on the effective date any matter was in the course of being heard or investigated or had been heard or investigated by the Tanzania Broadcasting Commission or the Tanzania Communications Commission but no order or decision had been rendered, the Authority shall complete the hearing or investigation and such order, ruling or direction as it could have been made by the authority under which the proceedings or matter were or was vested before the effective date.
(2) Any order, ruling, or finding made or given in relation to any proceedings or investigation pursuant to subsection (1), shall be treated as an order, ruling or finding of the Authority and have the same force or effect as if it had been made or given by the Tanzania Broadcasting Commission or the Tanzania Communications Commission before the effective date.
(3) For purposes of sections 56, 57 and 58, the effective date shall be the date designated as such by the Minister.
59. Rights of employees <input type="hidden" name="aa" Â value="Act No. 3 of 2010 s. 172(b)”/>
(1) The service of any employee or staff of the former Tanzania Communications Commission and the Tanzania Broadcasting Commission shall be deemed to be continuous with the Authority.
(2) As soon as practicable but in any case not later than three years from coming into operation of this Act, the Authority shall comply with the provisions of section 14 of this Act in respect of employees who have been absorbed by the Authority.
(3) Where any employee or staff of the former Tanzania Communications Commission and the Tanzania Broadcasting Commission is not absorbed by the Authority, he may be transferred to any other Ministry or public institution, and his service shall be deemed to be continuous and if he was a member of any statutory, voluntary pension or any other superannuation scheme, such employee shall continue to be governed by the same laws and regulations governing such scheme and the employer shall contribute to such scheme accordingly.
(4) The terms and conditions of employment of any employee or staff from the former Tanzania Communications Commission and the Tanzania Broadcasting Commission who joins the Authority through the competitive recruitment process established by the Authority in compliance with the provisions of subsection (6) of section 14 of this Act, shall not be less favourable than those enjoyed by that employee immediately prior to the date on which he joined the service of the Authority.
(5) An employee or staff of the former Tanzania Communications Commission and the Tanzania Broadcasting Commission whose service does not continue with the Authority or is not transferred to any other Ministry or public institution and where such employee or staff is a member of any statutory, voluntary pension or other superannuation benefits scheme prior to such termination, such employee or staff shall be paid terminal benefits in accordance with the laws and regulations governing such scheme immediately before such termination.
(6) Where an employee or staff whose 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 pension or any other superannuation scheme, such employee shall continue to be governed by the same laws and regulations governing such scheme and the Authority shall contribute to such scheme accordingly.
(7) Subject to subsections (1), (2) and (3), nothing in this section shall operate so as to create an entitlement for any employees or staff of the former Tanzania Communications Commission and the Tanzania Broadcasting Commission to become employees or staff of the Authority.
PART XII
CONSEQUENTIAL AMENDMENTS (ss 60-81)
Amendments of the Tanzania Communications Act, 1993 (ss 59-69)
60. Construction <input type="hidden" name="aa" Â value="Act No. 3 of 2010 s. 172(b)”/>
The Tanzania Communications Act, 1993 function a8(msg) { myWindow=window.open(”,”,’width=234,height=156,left=400 ,scrollbars=1,top=400,screenX=400,screenY=100′);myWindow.document.write(msg);}*, hereinafter referred to as “the principal Act” is amended.
61. Amendment of the long title <input type="hidden" name="aa" Â value="Act No. 3 of 2010 s. 172(b)”/>
The principal Act is amended by deleting the long title and substituting for it the following–
“An Act to provide for the regulation of postal and telecommunications services by the Tanzania Communications Regulatory Authority”.
62. Amendment of section 2 <input type="hidden" name="aa" Â value="Act No. 3 of 2010 s. 172(b)”/>
Section 2(1) of the principal Act is amended by–
(a) adding the following definitions in their appropriate alphabetical positions–
“Authority” means the Tanzania Communications Regulatory Authority also known by its acronym;
“TCRA” established by the Tanzania Communications Regulatory Authority Act, 2003 function a9(msg) { myWindow=window.open(”,”,’width=233,height=156,left=400 ,scrollbars=1,top=400,screenX=400,screenY=100′);myWindow.document.write(msg);}*;
(b) by deleting the definitions of the words “Chairman”, “Director General”, and “Minister” and substituting for them the following–
“Chairman” has the same meaning as ascribed to it under section 3 of the Tanzania Communications Regulatory Authority Act, 2003;
“Director General” has the same meaning as ascribed to it under section 3 of the Tanzania Communications Regulatory Authority Act;
“Authority” has the same meaning as ascribed to it under section 3 of the Tanzania Communications Regulatory Authority Act;
“Minister” has the same meaning as ascribed to it under section 3 of the Tanzania Communications Regulatory Authority Act;
(c) by deleting the word “Commission” wherever it appears in the principal Act and substituting for it the word “Authority”.
63. Repeal of section 3 <input type="hidden" name="aa" Â value="Act No. 3 of 2010 s. 172(b)”/>
Section 3 of the Principal Act is repealed.
64. Repeal of section 4 <input type="hidden" name="aa" Â value="Act No. 3 of 2010 s. 172(b)”/>
Section 4 of the principal Act is repealed.
65. Repeal of section 8 <input type="hidden" name="aa" Â value="Act No. 3 of 2010 s. 172(b)”/>
Section 8 of the principal Act is repealed.
66. Repeal of section 10 <input type="hidden" name="aa" Â value="Act No. 3 of 2010 s. 172(b)”/>
Section 10 of the principal Act is amended by deleting the phrase “the Tanzania Broadcasting Commission and” appearing in the second and third lines of subsection (3) and substituting for it the phrase “Zanzibar Broadcasting Commission”.
67. Repeal of section 10A <input type="hidden" name="aa" Â value="Act No. 3 of 2010 s. 172(b)”/>
Section 10A of the principal Act is repealed.
68. Repeal of section 22 <input type="hidden" name="aa" Â value="Act No. 3 of 2010 s. 172(b)”/>
Section 22 of the Principal Act is amended by repealing subsection (3).
69. Repeal of Part VII <input type="hidden" name="aa" Â value="Act No. 3 of 2010 s. 172(b)”/>
Part VII of the principal Act is hereby repealed.
70. Repeal of First and Third Schedules <input type="hidden" name="aa" Â value="Act No. 3 of 2010 s. 172(b)”/>
The First and Third Schedules to the principal Act are repealed.
Amendment of the Broadcasting Services Act, 1993 (ss 70-77)
71. Construction <input type="hidden" name="aa" Â value="Act No. 3 of 2010 s. 172(b)”/>
The Broadcasting Services Act, 1993 function a10(msg) { myWindow=window.open(”,”,’width=234,height=156,left=400 ,scrollbars=1,top=400,screenX=400,screenY=100′);myWindow.document.write(msg);}*, hereinafter referred to as “the principal Act” is amended.
72. Amendment of the long title <input type="hidden" name="aa" Â value="Act No. 3 of 2010 s. 172(b)”/>
The principal Act is amended by deleting the long title and substituting for it the following–
“An Act to provide for the regulation of broadcasting and other related matters by the Tanzania Communications Regulatory Authority”.
73. Amendment of section 2 <input type="hidden" name="aa" Â value="Act No. 3 of 2010 s. 172(b)”/>
Section 2 of the Principal Act is amended by–
(a) adding the following definition in its appropriate alphabetical positions–
“Authority” means the Tanzania Communications Regulatory Authority also known by its acronym;
“TCRA” established by the Tanzania Communications Regulatory Authority Act 2003 function a11(msg) { myWindow=window.open(”,”,’width=233,height=156,left=400 ,scrollbars=1,top=400,screenX=400,screenY=100′);myWindow.document.write(msg);}*;
(b) by deleting the definition of the word “Minister” and substituting for it the following–
“Minister” has the same meaning as ascribed to it under section 3 of the Tanzania Communications Regulatory Authority Act, 2003;
(c) by deleting the word “Commission” wherever it appears in the principal Act and substituting for it the word “Authority”.
74. Amendment of section 3 <input type="hidden" name="aa" Â value="Act No. 3 of 2010 s. 172(b)”/>
Section 3(3) of the principal Act is amended by deleting the word “Minister” and substituting for it the word “Authority”.
75. Repeal of section 5 <input type="hidden" name="aa" Â value="Act No. 3 of 2010 s. 172(b)”/>
Section 5 of the principal Act is repealed.
76. Repeal of section 8 <input type="hidden" name="aa" Â value="Act No. 3 of 2010 s. 172(b)”/>
Section 8 of the principal Act is repealed.
77. Repeal of Part V <input type="hidden" name="aa" Â value="Act No. 3 of 2010 s. 172(b)”/>
Part V of the principal Act is repealed.
78. Repeal of the Schedule <input type="hidden" name="aa" Â value="Act No. 3 of 2010 s. 172(b)”/>
The Schedule to the principal Act is repealed.
Amendment of the Tanzania Posts Corporation Act, 1993 (ss 79-81)
79. Construction <input type="hidden" name="aa" Â value="Act No. 3 of 2010 s. 172(b)”/>
The Tanzania Posts Corporation Act, 1993 function a12(msg) { myWindow=window.open(”,”,’width=233,height=156,left=400 ,scrollbars=1,top=400,screenX=400,screenY=100′);myWindow.document.write(msg);}* hereinafter referred to as “the principal Act” is amended.
80. Amendment of section 2 <input type="hidden" name="aa" Â value="Act No. 3 of 2010 s. 172(b)”/>
The principal Act is amended in section 2(1)–
(a) by deleting the definition of the word “Commission” and substituting for it in its alphabetical order the following:
“Authority” means the Tanzania Communications Regulatory Authority Act, 2003 function a13(msg) { myWindow=window.open(”,”,’width=192,height=76,left=400 ,scrollbars=1,top=400,screenX=400,screenY=100′);myWindow.document.write(msg);}*;
(b) by replacing, the word “Commission” wherever it appears in the principal Act with the word “Authority”.
81. Amendment of section 7 <input type="hidden" name="aa" Â value="Act No. 3 of 2010 s. 172(b)”/>
The principal Act is amended in section 7 by deleting the second figure (2) appearing at page 234 and substituting for it the figure (3),
FIRST SCHEDULE
THE BOARD OF DIRECTORS OF THE AUTHORITY
(Section 7(7))
1. Composition of the Board
(1) The Board of Directors of the Authority shall consist of–
(a) a Chairman and a Vice Chairman who shall be non-executive;
(b) four non-executive members; and
(c) the Director-General appointed under section 13.
(2) In proposing names of persons for appointment as Chairman, Vice-Chairman and members of the Board, the Nomination Committee, the President and the Minister shall each have regard to appoint persons who–
(a) are graduates of a recognised University;
(b) have at least ten years experience in one or more of management, law, economics, finance, engineering, broadcasting or information and communications technology;
(c) have knowledge of industry;
(d) have satisfied the Committee that they are unlikely to have a conflict of interest under section 11;
(e) are willing to serve as members; and
(f) are, in the opinion of the Committee, otherwise suitable to perform the functions and duties of a member competently and honestly.
2. Tenure of appointment <input type="hidden" name="aa" Â value="Act No. 19 of 2004 Sch.”/>
(1) The First Chairman, Vice-Chairman and members of the Board shall be appointed for the following fixed terms–
(a) a Chairman four years;
(b) a Vice-Chairman three years;
(c) two members – four years; and
(d) two other members – five years.
(2) Members, including the Chairman, and Vice Chairman shall each be eligible for re-appointment for one further successive term but shall not 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 of the notice by the appointment authority, he shall cease to be a member.
3. Secretary
(1) The Board shall appoint a lawyer of not less than ten years experience to be the Secretary of the Board.
(2) The Secretary of the Board may take part in proceedings of the Board but shall have no vote.
4. Meetings of the Board
(1) The Board shall meet at least four times yearly at such dates, places and times as it deems necessary for the transaction of its business and it shall convene special meeting upon request by the majority of members.
(2) An ordinary meeting of the Board shall be convened by the Chairman and the notice specifying the place, date and time of the meeting shall be sent to each member at his usual place of business or residence not less than ten days before the date of the meeting and where the Chairman is unable to act by reason of illness or other cause or is absent from the United Republic, the Vice-Chairman may convene the meeting.
(3) The Chairman or, in his absence, the Vice-Chairman, may on his own motion, and shall, if requested in writing in that behalf by at least half the members, convene a special meeting of the Board.
(4) The Board may invite any person who is not a member to participate in the deliberations of the Board, but any person so invited shall have no vote at the meeting.
(5) The Board may act notwithstanding any vacancy in its membership.
5. Quorum
The quorum at any meeting of the Board shall be half of the members.
6. Minutes of the meetings
Minutes in proper form of each meeting of the Board shall be kept and shall be confirmed by the Board at its next meeting.
7. Official seal of the Authority
(1) The official seal of the Authority shall be of such shape, size and form as the Board may determine.
(2) The official seal of the Authority shall not be affixed to any instrument or document except in the presence of the Secretary or such other employee of the Authority as the Board may appoint in that behalf.
8. Examination of documents
(1) All deeds, documents, rulings, declarations or other official instruments requiring the seal of the Authority shall be sealed with the official seat of the Authority in the presence of any two officers of the Authority dully authorised by the Authority to act in that behalf and shall be 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 case, to execute or sign on behalf of the Authority any agreement or other instrument not under seal in relation to any matter coming within the powers of the Commission.
9. Proceedings not invalidated by irregularity
No act or proceeding of the Board shall be invalid by reason of any defect or irregularity in the appointment of any member or by reason that any person who purported bona fide to act as a member at the time of the act or proceedings, was in fact disqualified or not entitled to act as a member.
10. Absence from three consecutive meeting
Where any member absents himself from three consecutive meetings of the Board without sufficient cause, the Board shall advise the appointing authority of the fact and the appointment authority may terminate the appointment of the member and appoint another member in his place.
11. Board may regulate its own proceedings
Subject to this Act, the Board shall have power to regulate its own procedure in relation to its meetings and the transaction of its business.
SECOND SCHEDULE
(Sections 15, 16 and 17)
POWERS OF THE AUTHORITY
1. To grant radio frequency licences for electronic communication purposes and to supervise and enforce compliance with the provisions of such licences.
2. To grant licences for operating electronic communication and postal services and to supervise and enforce compliance with the provision of such licences.
3. To give directions to any person granted a licence under this Act or any regulations made thereunder.
4. To levy such charges and fees for the granting of licences, radio frequency spectrum rights, administration of radio frequency spectrum registrations, equipment approvals, sellers of electronic communication equipments and electronic communication apparatus and other services provided by the Authority as may in its opinion be appropriate.
5. To give general guidelines in determination of tariffs.
6. To lay down standards and codes of conduct to be observed by all operators and users of electronic communications and postal system and services.
7. To regulate the interconnection of and access to systems of operators of electronic communication and postal systems and services.
8. To control and regulate the management and allocation of numbering plans and schemes electronic communications and postal systems and services.
9. To control and regulate and interference to electronic communications system in the United Republic by radio waves or, electrical or other means.
10. To control and regulate the importation for sale dealing in and use of electronic communication equipment and electronic apparatus.
11. To utilise all the property of the Authority, movable and immovable, in such manner as the Authority may think expedient including the raising of loans by mortgaging such property.
12. To lease or let, with or without taking a premium, any property vested in or acquired by it or to grant easements, rights of way, temporary licences or other rights or privileges over, under through of in respect of any land or building belonging to or vested in the Authority upon such terms and conditions as the Authority think fit.
13. To carry out such other works or activities as may appear to the Authority to be requisite, advantageous or convenient in pursuance of its regulatory role with a view to making the best use of any of the assets of the Authority.
14. To engage in conjunction with other authorities, international agencies or organisations in matters of regulation for the purposes of promotion electronic communication and postal systems and services.
15. To enter into all such contracts for the supply of goods or materials or for the execution of works or any other contract as may be necessary for the discharge of its duties and functions under this Act
16. To receive and process complaints by users of electronic communication and postal services.
17. To impose sanctions set by regulations for the violation by any licensed operator of any law or under the terms of its licence.
18. To conduct administrative processes and hearing to resolve technological issues, inter-carrier disputes, user complaints or other matters which affect the structure and functioning of the electronic communication or postal sectors of the United Republic.
19. To ensure the proper maintenance of accounting systems by all licensed operators.
20. To, guarantee equal access to monopoly or other licensed electronic communications.
21. To homologate and establish a process for authorisation of equipment permitted to be connected to the electronic communications network in the United Republic.
22. To homologate and establish a process for authorisation of equipment permitted to be connected to the electronic communications network in the United Republic.
23. To research and report on new technologies.
24. To keep the government appraised of obligations under international electronic communications treaties.
25. To oversee compliance with international electronic communications treaties.
26. To co-operate technically with the government and to define strategic policy.
27. To propose national technological development.
28. To propose international electronic communications and postal policy to the government.
29. To prepare policies for development of the national technology.
30. To create criteria for the opening and restructuring of services as and where appropriate and to ensure the compatibility of public systems, interconnection and quality of service.
31. To resolve issues of interconnection between networks where the operators involves are not able to reach agreement on terms of interconnection.
32. To inform the public of reports, studies and regulations as and when published.
33. To announce in a local gazette and invite comment by interested parties on new contemplated regulation or policies.
34. To do field investigations concerning–
(a) compliance by licensed operators with the law and the terms of their licences;
(b) any allegation that a non-licensed operator is providing service;
(c) any complaints filed by or against licensed or no-licensed operators;
(d) ensuring that licensed operators are providing only those services permitted by their licences;
(e) periodic measuring of quality of service;
(f) periodic sampling of users as to quality and extent of service.
35. To receive, review and evaluate accounting and other reports required to be filled by operators.
36. To raise public awareness to the structure and regulation of the electronic communications and postal sectors.
37. To conduct or to supervise the conduct of proficiency examinations which are conditional to the grant of licences by the Authority.
38. To receive donations and contributions from any source and raise funds by all lawful means.
39. To do any other act or thing incidental to any of its functions.
{/mprestriction}