Uganda Communications Act, 2013

Section Commencement Section Subject to subsection (2), this Act shall come into force upon the date of its publication in the Gazette . Part X of this Act shall come into force within one year from the date of publication in the Gazette , on the date appointed by the Minister by statutory instrument.

Section Interpretation Section In this Act, unless the context otherwise requires— " authorised ", in relation to an officer or employee of the Commission , means authorised by the Executive Director to exercise the powers or perform the duties in respect of which an authorised person is required; " Board " means the Board established under section 9 ; " broadcaster " means a licensed person who packages and distributes or distributes television or radio programmed services for reception by subscribers or the public, regardless of the technology; " broadcasting " means the transmission of sound, video or data , intended for simultaneous reception by the public; " cinematograph theatre " means any building, structure, tent or other erection of whatever nature or any place or land in or on which a cinematograph or video exhibition is presented to the public either gratuitously or for reward; " Commission " means the Uganda Communications Commission established under section 4 ; " communications " means telecommunications, data communication, radio communications, postal communications and includes broadcasting ; " communications services " means services performed consisting of the d...

Section Objectives of the Act Section The objectives of this Act are to develop a modem communications sector, which includes telecommunications, broadcasting , radio communications , postal communications , data communication and infrastructure by— establishing one regulatory body for communications in accordance with international best practice; enhancing national coverage of communications services expanding the existing variety of communications services available in Uganda to include modern and innovative communications services ; reducing the direct role of Government as an operator in the communications sector and minimising the subsidies paid by the Government to the communications sector; encouraging the participation of the private sector in the development of the communications sector; introducing, encouraging and enabling competition in the communications sector through regulation and licensing of competitive operators to achieve rapid network expansion, standardisation as well as operation of competitively priced and quality services; and establishing and administering a fund for the development of rural communications and information and communication technology in th...

Section Disqualification from appointment Section A person shall not be appointed to the Board who— is engaged in an organization which operates or provides communications services , directly or indirectly, as owner, shareholder, partner or otherwise; is engaged in the manufacture or distribution of communications equipment in Uganda, directly or indirectly, as owner, shareholder, partner or otherwise; has a financial or proprietary interest in an organization referred to in paragraph (a) or (b); is insolvent; is incapacitated by mental or physical illness that renders the person incapable of performing the functions of a member of the Board ; is otherwise unable or unfit to discharge the functions of a member of the Board .

Section Vacating office of member of the Board Section A member of the Board shall vacate office, if the member— is declared insolvent; is convicted of a criminal offence in respect of which a penalty of imprisonment of six months or more is imposed without the option of a fine; is continuously and persistently unable to discharge the functions of the office of a member of the Board ; subsequently becomes disqualified from being a member under section 10 . fails to disclose to the Commission any interest that member has in a contract or proposed contract connected with the Commission or any other matter; misbehaves or abuses the office of a member of the Board . The Minister shall determine that a member vacates office under subsection (1). A member of the Board may resign from office in writing to the Minister . Where a member resigns, dies or is removed from office under this section, the Minister shall within three months and in accordance with section 9 , appoint another person to replace the member, and to hold office for the remainder of the term of that member.

Section Meetings of the Board Section The Board shall meet at least once every three months for the purposes of discharging its functions. The meetings of the Board shall be conducted in accordance with Schedule 3.

Section Remuneration of members of the Board Section The members of the Board may be paid remuneration or allowances approved by the Minister in consultation with the Ministers responsible for public service and finance.

Section Committees of the Board Section The Board may appoint committees— to inquire into and advise the Board on any matter concerning the functions of the Commission ; to exercise the powers or perform a function of the Commission . The Board shall establish a contents committee to oversee content matters under the Act. A committee appointed under subsection (1) shall consist of a chairperson and other members of the Board , as the Board may determine. A committee may invite any person to attend any of its meetings and may co-opt any person to the committee but that person shall not vote on any matter before the committee. Members of a committee appointed under this section may be paid allowances as the Board may, with the written approval of the Minister , determine. Subject to any direction given by the Board , a committee appointed under this section may regulate its own procedure.

Section Establishment of Uganda Communications Commission Section The Commission is a body corporate with perpetual succession and a common seal and may for the purposes of discharging its functions under this Act— There is established the Uganda Communications Commission . acquire, hold or dispose of movable and immovable property; sue and be sued in its corporate name; do all acts and things that a body corporate may lawfully do. The seal of the Commission shall be authenticated in accordance with Schedule 2.

Section Functions of the Commission Section The functions of the Commission are— to implement the objectives of this Act; to monitor, inspect, licence , supervise, control and regulate communications services ; to allocate, license, standardize and manage the use of the radio frequency spectrum resources in a manner that ensures widest variety of programming and optimal utilization of spectrum resources; to process applications for the allocation of satellite orbital locations; to regulate rates and charges for communications services with a view to protecting consumers from excessive tariffs and to prevent unfair competitive practices. to establish, amend, administer and enforce a national numbering plan and electronic addresses plan; and assign numbers and electronic addresses; to conduct, or authorise any person to conduct, technical evaluations relating to communications services ; to coordinate and collaborate with the relevant national and international organisations in matters relating to communications ; to set national standards and ensure compliance with national and international standards and obligations laid down by international communication agreements and treaties t...

Section Powers of the Commission Section The Commission may in the exercise of its functions— charge fees for services provided by the Commission ; institute a levy on the gross annual revenue from operators in accordance with section 68 ; collect the revenue determined by the Minister in respect of the international incoming telecommunications traffic; impose a fine on a person who unlawfully possesses, installs, connects or operates any communications equipment or apparatus, or unlawfully provides or performs any communications services ; classify communications services and licenses. The Commission may in accordance with this Act, confiscate any apparatus which is possessed, installed, connected or operated unlawfully. The owner of an apparatus confiscated by the Commission may appeal to the tribunal against the confiscation.

Section Powers of the Minister Section The Minister may, in writing, give policy guidelines to the Commission regarding the performance of its functions. The Commission shall comply with the policy guidelines given by the Minister under this section.

Section Independence of the Commission Section Subject to this Act, the Commission shall exercise its functions independently of any person or body.

Section Board of the Commission Section The Board shall consist of the following— The Commission shall be governed by a Board . a person with experience and knowledge in tele­ communications , broadcasting or postal communications , who shall be the chairperson; a representative of professional engineers recommended by the Institute of Professional Engineers; one prominent lawyer who is a member of the Uganda Law Society; a person knowledgeable in the field of economics, financial management and public administration; a representative of the Ministry responsible for information and communications technology, who shall be an ex-officio member; the Executive Director ; a representative of consumers recommended by the Uganda Consumers Association; and one eminent person of good repute and proven integrity representing the public. All members of the Board shall be appointed by the Minister with approval of Cabinet, one of whom shall be a person with disability and at least three of whom shall be women. A member of the Board shall hold office on the terms and conditions specified in the instrument of appointment. A member of the board shall hold office for three years and shall be eligi...

Section Secretariat of the Commission Section The Commission shall have a secretariat which shall be responsible for the day-to-day operations of the Commission and implementing the decisions of the Board . The secretariat shall be headed by a full time Executive Director .

Section Executive Director Section A person shall cease to hold the office of Executive Director if that person — is removed from office by the Minister on the recommendation of the Board for— The Executive Director shall be appointed by the Minister on the recommendation of the Board . A person shall not be appointed executive director unless that person has relevant knowledge, qualification and considerable experience in either communications , economics, finance, law or administration. The Executive Director shall hold office for five years, and shall be eligible for reappointment for only one further term. resigns; is declared insolvent; is convicted of a criminal offence in respect of which a penalty of imprisonment of six months or more is imposed without the option of a fine; continuously and persistently being unable to discharge the functions of the office Executive Director ; failing to disclose to the Commission any interest in a contract or proposed contract or any other matter connected to the Commission ; or misbehavior or abuse of office.

Section Duties of the Executive Director Section Subject to this Act and to the general supervision of the Board , the Executive Director is the chief executive officer of the Commission and is responsible for— implementing the policies and programmes agreed upon by the Commission ; managing the funds and property of the Commission ; administering, organizing and supervising the staff of the Commission ; keeping the Board informed of the activities of the Commission ; keeping record of all the transactions of the Commission . In the performance of his or her duties, the Executive Director is answerable to the Board .

Section Secretary to the Commission Section There shall be a secretary to the Commission who shall be appointed by the Board on the terms and conditions specified in the instrument of appointment. The secretary shall be responsible for taking all the minutes of the meetings of the Board . The secretary shall perform all other duties and functions that the Board or the Executive Director may assign to the secretary. The secretary shall, in the discharge of his or her duties, be answerable to the Executive Director .

Section Other officers and staff of the Commission Section There shall be officers and staff of the Commission as may be necessary for the effective performance of the functions of the Commission . The officers and staff of the Commission shall be appointed by the Board on such terms and conditions as the Board shall determine.

Section Protection of members of the Board and officers of the Commission Section A member of the Board or an officer of the Commission or a person acting on the directions of the Board or of an officer of the Commission is not personally liable for any act or omission done or omitted to be done in good faith in the exercise of functions under this Act.

Section Commission to promote fair competition Section The Commission shall, in the performance of its functions under this Act, promote, develop and enforce fair competition and equality of treatment among all operators in any business or service relating to communication.

Section Unfair competition prohibited Section For the purposes of subsection (1) the acts or omissions include— An operator shall not engage in any activities, which have, or are intended or are likely to have, the effect of unfairly preventing, restricting or distorting competition in relation to any business activity relating to communications services . any abuse by an operator , independently or with others, of a dominant position which unfairly excludes or limits competition between the operator and any other party; entering into an agreement or engaging in any concerted practice with any other party, which unfairly prevents, restricts or distorts competition; or effecting anticompetitive changes in the market structure and, in particular, anticompetitive mergers and acquisitions in the communications sector.

Section Exceptions to fair competition Section The Commission may, in writing, allow an operator to carry on any act or omission prohibited under section 53 where the Commission is satisfied that, the act or omission— contributes to— does not— the improvement of any goods or services; the promotion of communications services in Uganda in accordance with this Act; and impose on the parties restrictions which are not indispensable to attaining the objective specified under paragraph (a); and give the parties the ability to substantially reduce competition in respect of the goods or services in question.

Section Breach of fair competition Section The Commission shall, if it appears that a breach of competition has been committed, investigate the act or omission and give written notice to the operator stating— The Commission may, upon satisfaction that an operator is competing unfairly— The Commission may, by its own motion, investigate any operator who commits any act or omission in breach of fair competition. A person may complain to the Commission against a breach of fair competition by an operator . that the Commission is investigating a possible breach of fair competition; the reasons for the suspicion of a contravention or breach, including any matter of facts or law which are relevant to the investigation; further information required from the operator in order to complete the investigation; and where appropriate, the steps to be taken in order to remedy the breach. The operator may, within thirty days from the date of the notice, make representations in response to the notice. Any person affected by the contravention or breach of fair competition may make a representation to the Commission in relation to the contravention or breach. The Commission shall, after considering an...

Section Denial of access or service Section An operator shall not deny access or service to a customer except for nonpayment of dues or for any other just cause.

Section Equality of treatment Section An operator shall provide equal opportunity for access to the same type and quality of service to all customers in a given area at substantially the same rates, limiting variations to available or appropriate technologies required to serve specific subscribers.

Section Interconnection of network facilities Section The Commission — A telecommunications operator may, with the approval of the Commission , enter into an agreement with any other operator for the purpose of connecting its network facilities with the network facilities of that other operator on terms and conditions that the operators may agree. The operators referred to in subsection (1) shall submit to the Commission an application for approval of an interconnection agreement accompanied by a copy of the proposed interconnection agreement. Upon receipt of the application and proposed interconnection agreement, the Commission shall within thirty days respond to the application in writing. Where the Commission does not respond to the application in the time specified in subsection (3), the Commission shall be taken to have approved the application. shall, within ninety days from the receipt of an application of an operator or within such other reasonable period in the circumstances; or may, on its own motion, Before imposing an interconnection agreement between two or more operators, the Commission shall give each operator thirty days’ notice stating the reasons for the intended...

Section Maximum interconnection rates Section For the purposes of determining the rate under subsection (1), the Commission shall take into account— Notwithstanding section 58 , the Commission may fix maximum interconnection rates. accessibility and affordability of the communications services to all parts of the society; fair treatment and competition among the operators

Section Licensing of postal services Section A person shall not require a licence to convey, deliver or distribute the following postal articles— A person shall not convey, deliver or distribute postal articles without a licence issued under this Act. articles for delivery to another person or persons to whom they are directed, without hire, reward or other profit or advantage for receiving, carrying or delivering them; articles solely concerning goods or other property sent by land, water or air, and delivered with the goods or property to which the letters relate without hire, reward, profit or advantage for receiving them, and the articles are open to inspection and have subscribed on them the words "consignee’s articles" or other words to that effect.

Section Subcontracting by a licensee Section In the case of postal services , a licensee may use a subcontractor to perform the services subject to the licensee’s responsibility to comply with all obligations and conditions under the licence and this Act. The liability of a subcontractor of a licensee under subsection (1) in the collection, transmission or delivery of any postal article or for loss or delay of or damage to the article or any other loss or damage in relation to the performance of postal services shall be the same as the liability of the licensee. Subsection (2) does not affect the liability of the subcontractor to the licensee.

Section Protection of postal articles Section A person engaged in postal services shall protect any postal article and ensure that an employee of that person does not— Subsection (1) does not apply to an article opened or disposed of under— open the article; know or disclose the contents of a postal article ; deliver an article in the course of transmission to a person other than the addressee, without the consent of the addressee; permit that article to be opened or delivered to a person other than the addressee, without the consent of the addressee, or permit anyone other than the addressee to know or to disclose the contents of a postal article . Any person who negligently or knowingly fails to comply with subsection (1) commits an offence and is liable on conviction to a fine not exceeding one hundred and twenty currency points or imprisonment for a period not exceeding five years or both on the first conviction; and a fine not exceeding two hundred and forty currency points or imprisonment for a period not exceeding ten years or both on a subsequent conviction. the law regulating customs; any other law prohibiting or regulating the importation or exportation of an article; any...

Section Limitation of liability of a licensee Section The liability of a holder of a licence for— the loss, misdelivery or delay of or damage to, any postal article in the course of transmission by the licensee; the interception, detention or disposal of any postal article in accordance with this Act; or the wrong payment of a money order, The holder of a licence shall give notice to the public regarding the type of liability under subsection (1) which applies to the licensee.

Section Licence for cinematograph theatre or video library Section A person shall not operate a cinematograph theatre or a video or film library without a licence issued by the Commission . The Commission shall issue the licence on terms and conditions the Commission may consider necessary. The Commission shall, before issuing a licence under this section consider whether, at the place or premises of the applicant, there is adequate provision for the safety, health or convenience of the persons attending a video or cinematograph exhibition . A person who contravenes subsection (1) commits an offence and is liable on conviction to a fine not exceeding twenty four currency points or imprisonment not exceeding twelve months or both.

Section Application for a licence Section Before granting a licence , the Commission shall, take into account the following— A licence under this section shall— An application for a licence under this Act shall be made to the Commission in the prescribed form. whether the applicant is an eligible person ; the capability of the applicant to operate a system or service for which a licence is sought; the objectives of this Act; whether the grant of the licence is in the public interest. be issued upon payment of the fees prescribed for the licence ; state the terms and conditions upon which it is granted; specify the services to be provided by the operator ; where applicable, specify the network to be operated. The Commission shall grant the licence within sixty days from the date of application. Where the Commission refuses to grant the licence , it shall within fourteen days provide a written explanation to the applicant, giving reasons for the refusal.

Section Terms and conditions of a licence Section For the purposes of this section, the conditions may include— The Commission shall prescribe the terms and conditions of all operators licensed under this Act. A licence may include the provision of services to rural or sparsely populated areas or other specified areas and other conditions specified in Schedule 6. An operator shall provide the service for which that operator has obtained a licence . in the case of a licence to establish a radio communication station, the specifications as to the positions and nature of the station, the purpose for and circumstances in which and the persons by whom the station may be installed or used; in the case of any other telecommunication licence , specifications as to the apparatus which may be installed or used, the places where, the purposes for, the circumstances in which and the persons by whom an apparatus may be used; and in the case of a postal services licence , specifications as to the services to be performed, the place of postal services and the geographical spread of the services and places.

Section Modification of licence Section The Commission may, upon reasonable grounds, modify the conditions of any licence if the Commission considers it necessary to achieve the objectives of this Act, or is in the public interest, taking into account the justified interests of operators and the principles of fair competition and equality of treatment. Before modifying any condition of a licence , the Commission shall give the operator notice of not less than sixty days, stating the reasons for the intended modification and giving the operator an opportunity to make any representation. The Commission shall give an operator reasonable time within which to comply with the modification of the licence . A person aggrieved by a decision of the Commission may appeal to the tribunal .

Section Suspension and revocation of licence Section The Commission may suspend or revoke a licence issued under this Act, on the following grounds— After consideration of any representations by the operator , the Commission may— Where the Commission is of the opinion that the measures under subsection (3) are not sufficient, the Commission may— serious and repeated breach of the licence conditions; any fraud or intentional misrepresentation by the operator applying for the licence ; where the operator is engaged in or is supporting activities amounting to a treasonable offence under the Penal Code Act; or where the operator has ceased to be an eligible person . prescribe time during which the operator is required to remedy the offending act or conduct; require the operator to pay a fine not exceeding the equivalent of ten percent of its gross annual revenue. The Commission shall give the operator written notice of not less than sixty days specifying the reasons for the intended suspension or revocation, during which the operator may make representations to the Commission . suspend the licence for a specified period; or revoke the licence .

Section Transfer of licence Section For the purposes of this section— A licence issued by the Commission shall not be transferred without the written consent of the Commission . An operator may apply to the Commission in the prescribed manner for consent to transfer a licence . An application under subsection (2) shall be accompanied by an application for grant of a licence by the person to whom the operator intends to transfer the licence . The Commission shall in considering an application for the transfer of a licence have regard to the same terms and conditions as those that apply to the grant of a new licence , but the Commission may in its discretion refuse to grant the application under this section. "transfer of licence " includes the acquisition of control of the licence holder; "control" as used with respect to any person shall mean the possession, directly or indirectly, of the power to direct or cause the direction of the management of that person , whether through the ownership of shares, voting, securities, partnership or other ownership interests, agreement or otherwise. The Commission shall grant its consent to transfer a licence within forty five days from the date...

Section Lapse and renewal of a licence Section An application for the renewal of a licence shall be made at least two months before the expiration of the licence . In considering an application for a renewal of a licence , the Commission shall have regard to the performance of the operator during the duration of the licence . The Commission shall renew a licence within thirty days from the date of application. Where a licence is not renewed under this section, the Commission shall within fourteen days, provide a written explanation, giving reasons for the refusal.

Section Annual report on operations of licensee Section Every licensee shall, at the end of each year of business, prepare and submit to the Commission in the prescribed form, a report on the operations and services of the licensee and the extent to which the conditions of the licence are followed.

Section Investigation of complaints Section The Commission may investigate any matter within its functions under this Act which relates to— communications services or apparatus provided or supplied in Uganda; and any representation made to the Commission by or on behalf of a person whom the Commission considers to have an interest in the matter which is the subject of the representation.

Section Power to institute inquiries Section The Commission may appoint any person or committee to inquire into and report to the Commission on any matter pending before the Commission . The Commission shall institute an inquiry where the Commission is directed to do so by the Minister . The Commission may give to a person or committee appointed under this section, directions regarding the procedures for conducting the inquiry.

Section Report on investigations Section A person or committee appointed to carry out inquiries under section 46 shall submit a report to the Commission in a form and manner that the Commission may direct. Where an inquiry is instituted in accordance with the direction of the Minister , the Commission shall submit a copy of the report to the Minister .

Section Directions to remedy breach Section Where as a result of an investigation the Commission is satisfied that an operator has breached a condition of a licence or an obligation under this Act, it may direct the operator in writing to remedy the breach or to do such act or acts as the Commission may specify in the direction, in accordance with the procedures specified in section 41 .

Section Appointment of inspectors Section The Commission may appoint inspectors for the purposes of verifying compliance with this Act and the decisions of the Commission . An inspector shall, when exercising powers under this Act, produce the instrument of appointment and identification when required to do so by any person .

Section Powers of an inspector Section Subject to subsection (3), an inspector may— Where a place referred to under subsection (1) is a dwelling house, an inspector shall not enter that dwelling house without the consent of the occupant, unless— enter and inspect at any reasonable time any place owned by or under the control of an operator in which the inspector believes on reasonable grounds to be any document, information or apparatus relevant to the enforcement of this Act and examine the document, information or apparatus or remove it for examination or reproduction; enter any place in which the inspector believes that there is radio apparatus or interference-causing apparatus, and examine any radio apparatus, logs, books, reports, data , records, documents or other information, and remove the information, document, apparatus or equipment for examination or reproduction; make reasonable use of any copying equipment or means of communication located at the place. The inspector shall sign for any information, document, article, apparatus or equipment removed by the inspector under this section and shall leave a copy of the signed record with the operator . under the commission of...

Section Search warrant Section Where on application, a magistrate is satisfied by information on oath that— entry to a dwelling house is necessary for the purpose of performing any duty of an inspector under this Act; and entry to a dwelling house has been refused or is likely to be refused, In executing a warrant issued under this section, an inspector shall not use force unless accompanied by a police officer, and unless the use of force is specifically authorised in the warrant. For the purposes of this section, "magistrate" means a Magistrate not below a Magistrate Grade I.

Section Establishment of Uganda Communications Tribunal Section There is established a tribunal known as the Uganda Communications Tribunal. The tribunal shall consist of a judge and two other persons appointed by the President on the recommendation of the Judicial Service Commission . The judge shall be the chairperson of the tribunal . The chairperson or a member of the tribunal shall hold office for four years, and shall be eligible for reappointment. The tribunal may, in the discharge of its functions, be assisted by not more than four technical advisers appointed by the tribunal from technical persons identified by the Minister . A technical adviser shall be appointed for a specific assignment after which the appointment shall lapse.

Section Funds of the tribunal Section The funds of the tribunal shall consist of— money appropriated by Parliament from time to time for enabling the tribunal to perform its functions; grants, gifts or donations from the Government or other sources acceptable to the Minister and the Minister responsible for finance; or funds provided to the tribunal by the Commission under section 71 .

Section Disqualification from appointment to the tribunal Section A person shall not be appointed to the tribunal or as a technical adviser who— is engaged in a communications company or organisation which operates communications systems or provides services or is engaged in the manufacture or distribution of communications equipment in Uganda, as an owner, shareholder, partner or otherwise, whether directly or indirectly; has a financial or proprietary interest in an organisation referred to in paragraph (a) or in the manufacture or distribution of communications apparatus anywhere in Uganda; is an undischarged bankrupt or has made any arrangement with creditors; is incapacitated by mental or physical illness; or is otherwise unable or unfit to discharge the functions of office of a member of the tribunal or technical adviser.