LAWS OF THE NEW SUDAN

THE TELECOMMUNICATION CORPORATION ACT, 2004

Printed and Distributed by Secretariat of Legal Affairs and Constitutional Development.

Provisional Order

LAWS OF THE NEW SUDANTHE TELECOMMUNICATION CORPORATION ACT, 2004

TABLE OF CONTENTS

Section Title Page

CHAPTER ONE PRELIMINARY PROVISIONS

1. Title and Commencement 42. Saving 43. Definitions. 4

CHAPTER TWO THE CORPORATION

4. Establishment. 55. Objectives. 66. Functions and Powers. 6

CHAPTER THREE THE BOARD.

7. Establishment of the Board. 78. Functions and Powers of the Board. 79. Membership of the Board. 810. Loss of Membership of the Board. 911. Remuneration of Members of the Board. 912. Meetings of the Board. 913. Quorum at Meetings. 1014. Validity of Proceedings. 1015. Power to Co-opt. 1016. Disclosure of Interest. 1017. Regulation of Proceedings 1018. Committees of the Board. 1119. Tenure of Office. 1120. Vacancies in the Board. 11

CHAPTER FOUR THE EXECUTIVE BODY

21. The Executive. 1122. Functions of the Executive. 1223. The Director General. 1224. Protection of Members of the Board and Employees of the

Corporation. 13

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CHAPTER FIVE FINANCIAL MANAGEMENT OF THE CORPORATION

25. Financial Sources. 1426. Sound Financial Principles. 1427. Bank Accounts 1428. Borrowing Powers. 1429. Surplus Funds. 1430. Budget 1531. The Financial Year. 1532. Accounts. 1533. Audit. 1534. Financial and Other Reports. 15

CHAPTER SIX- TELECOMMUNICATIONS EQUIPMENTAND RADIO STATIONS

35. Establishment, Possession and Use of Telecommunication Network. 16

36. Wireless Equipment and Radio Stations. 1637. Closure of Equipments and Stations 1638. Radio Operator Certificate. 1739. Harmful Operation 1740. Import, Manufacture and Trade in the Wireless and

Telecommunication Equipments. 1741. Licences. 1742. Fees. 1843. Amendment of Licence Conditions. 1844. Use of Wireless Equipment, Radio and Broadcast Stations 1845. Disposal of Wireless Equipment, Frequencies, Radio and

Broadcast Stations. 1946. Cancellation of Telecommunication Licence. 1947. Non Acceptance of New Subscriptions. 1948. Delivery of Licence. 19

CHAPTER EIGHT PUBLIC TELECOMMUNICATION SERVICES

49. Reports 2050. Alteration of Charges. 2051. Agreements. 2052. Monitor of Telephone Conversation. 2053. Adherence to the Conditions of Licence. 2054. Power to Inspect, Supervise and Detect Contraventions 21

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CHAPTER NINE MISCELLANEOUS PROVISIONS

55. Connection of Telecommunication Networks. 2256. Closure of Wireless Equipment 2257. The Technical Committee. 2258. Temporary Cessation of Audio and Visual Broadcast. 2259. Free Competition 2360. International Conventions and Standards. 2361. Penalties 2362. Service on the Corporation. 2463. Regulations and Orders. 24

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Provisional OrderLAWS OF THE NEW SUDAN

THE TELECOMMUNICATION CORPORATION ACT, 2004

An Act to provide for the establishment of a Telecommunication Corporation in the New Sudan, its management, functions and duties and any other issues related to and connected therewith.

CHAPTER ONEPRELIMINARY PROVISIONS.

Section 1: Title and Commencement.

This Provisional Order may be sited as The Telecommunication Corporation Act, 2004 and shall come into effect on the date of signature.

Section 2: Saving.

(1) All the Agreements, regulations, rules and orders made or issued under any other law in connection with telecommunication shall continue in force until they are repealed or amended in accordance with the provisions of this Act.

(2) Any person licenced in accordance with the provisions of sub-section (1) above, to install and operate a broadcast station, public or private telecommunication network, use frequencies, manufacture, import or trade in telecommunication equipment shall adopt his/her position in accordance with the provisions of this Act with in a period to be determined by the Director General.

Section 3. Definitions.

In this Act, unless the context otherwise requires the following words and expressionsshall bear the meanings assigned to them:-

Telecommunication means transmitting and or receiving signals, sounds, pictures or data by means of wires or wireless including audio and visual broadcast.

The Corporation means the Telecommunication Corporation established under section 4 of this Act.

The Board means the Board of Directors of the Corporation established under this Act.

Director General means the Chief Executive of the Corporation, appointed in accordance with the provisions of this Act.

The Commissioner means the Commissioner in Charge of Telecommunication.

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Commission means the Commission for Economic Production, human resource development and physical infrastructure.

SPLM means the Sudan Peoples Liberation Movement.

CANS means the Civil Authority of the New Sudan.

Chairman means the Chairperson of SPLM and CANS.

Licence means the licence issued by the Board for the establishment or operation ormanagement of broadcast station, public or private telecommunication network or for the use of frequencies, manufacture or import of telecommunication equipment.

Public Network means a telecommunication system providing public services.

Private Network means a telecommunication system providing private services to individuals or group of persons.

Broadcast Station means any building, place or apparatus used for the transmissionof audio or visual broadcast by cable, radio waves or satellite.

Radio Station means the transmitting or receiving apparatus or group of transmitting apparatuses and accessories thereto necessary for telecommunication.

Licencee means any person licensed by the Board.

Beneficiary means any person who uses or benefits from telecommunication services.

CHAPTER TWOTHE CORPORATION

Section 4. Establishment.

(1) There shall be established a Public Corporation to be known as The Telecommunication Corporation and hereinafter referred to as the Corporation.

(2) The Corporation shall be a body corporate and shall have the right to:-(i) acquire, hold and dispose of movable and immovable property;(ii) sue and be sued in its corporate name; and (iii) do all acts and things a body corporate may lawfully do.

(3) The headquarters of the Corporation shall be in the capital of the New Sudan, but may establish branch offices in the regions of the New Sudan.

(4) The Corporation shall be answerable to the Commissioner in the performance of its functions and duties and in the exercise of its powers in accordance with

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the directives, plans and policies made for the development of information media, mission and telecommunication systems.

(5) The Commissioner shall determine the direction, guidelines and the general policy of the Corporation in accordance with national policies and plans.

Section 5. Objectives.

The objectives of the Corporation are to:-

(1) Promote and regulate the telecommunication sector so as to conform with the international developments and globalization.

(2) Avail appropriate and conducive environment for the promotion of telecommunication services and encouragement of investment in the sector.

(3) Introduce and ensure constructive competition, encourage and recruit efficient and competent companies and personnel in the telecommunication sector.

(4) Ensure that licensed public telecommunication networks are connected.

Section 6. Functions and Powers.

The functions and powers of the Corporation shall be to:-

(1) Lay down policies, plans, regulations and guidelines for the establishment and provision of telecommunication services at the national level putting into consideration balanced development and service of social and national objectives.

(2) Approve the methods and cost of telecommunication services, regulate charges for the services in co-ordination with the entities providing such services.

(3) Licence operations in the various fields of telecommunication services and activities.

(4) Control and supervise the entities that provide public and private telecommunication services.

(5) Set rules and regulations for the regulation, allocation and licensing of frequencies for wireless equipment, wireless systems and broadcasting stations, with due consideration to the security aspects therein.

(6) Co-ordinate, control and regulate the manufacture, import and or assembly of different equipment and materials of the telecommunication systems.

(7) Set specifications, standards, measurements and test procedures for the systems, terminals and equipment used in the field of telecommunications.

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(8) Protect national interest in the fields of security defence, emergencies, regionaland international policies in collaboration with the entities operating in the field of telecommunication services.

(9) Employ the necessary personnel according to the approved budget and public service regulations.

CHAPTER THREETHE BOARD

Section 7. Establishment of the Board.

(1) There shall be established in the Corporation, a Board to be known as the Management Board and hereinafter referred to as the Board.

(2) The Board shall assume all the functions and duties of the Corporation and exercise them on its behalf.

(3) The Board shall be constituted by the Chairman on the recommendation of theChairman of the Commission, after consultation with the Commissioner, as follows:-

(i) The Chairperson.

(ii) The Director General Ex officio member and Secretary of the Board.

(iii) Six other members.

(4) The Chairperson and members of the Board shall be persons of high moral standards, of proven integrity and have had experience or show capacity in thefield of telecommunication, business or administration.

(5) In appointing the Chairperson and members of the Board, the Chairman shall ensure that there is balance of skills, experience and gender among the members of the Board.

Section 8. Functions and Powers of the Board.

(1) The powers and functions of the Board shall be as follows:-

(i) lay down the general policy of the Corporation, supervise and review its business, strive to achieve its objectives and exercise its powers on sound grounds.

(ii) manage the businesses of the Corporation and undertake its tasks and functions.

(iii) approve the appointment and relieve of senior and middle staff of the Corporation.

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(iv) negotiate and conclude contracts and agreements on behalf of the Corporation.

(v) approve the budget of the Corporation and refer it to the competent authorities for approval.

(vi) propose the terms and conditions of service of the employees of the Corporation to the Commissioner, who shall upon approval present thesame to the appropriate authorities for consideration.

(vii) set up technical committees to assist the management of the Corporation in the exercise of its powers, functions, duties and achievement of its objectives.

(viii) prepare and present the functional and regulatory structures of the Corporation to the Commissioner for consideration and submission to the appropriate authorities for approval.

(ix) Receive complaints against licensed services providers and take measures for dealing with such complaints in accordance with the provisions of this Act and regulations therein.

(x) issue internal rules of procedure for organization of its work and meetings.

(xi) any other functions and duties that may be necessary for proper management of the Corporation and achievement of its objectives.

(2) The Board may delegate any of its powers to the Director General or any of itsmembers, with such terms and conditions as the Board deems appropriate.

Section 9. Membership of the Board.

A person shall be eligible for membership of the Board if he/she is:-

(i) a New Sudan national with full capacity.

(ii) of good behaviour and conduct and has never been convicted of an offence involving dishonesty, fraud or moral turpitude.

(iii) not declared bankrupt or made arrangements or assignment with his/her creditors.

(iv) competent in the performance of his/her functions and duties in his/her field ofspecialization.

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Section 10. Loss of Membership of the Board.

A member of the Board shall loose his/her membership in any of the following cases:-

(i) loss of any of the conditions of membership as stipulated under section 9 above.

(ii) conviction for an offence involving dishonesty, fraud or moral turpitude.

(iii) absence from three consecutive meetings without permission or reasonable cause.

(iv) resignation.

(v) death.

Section 11. Remuneration of Members of the Board.

The Chairperson and members of the Board except the Director General shall be paid such remuneration as may be determined by the Chairman of the Commission after consultation with the Commissioner and the Commissioner for Finance and EconomicPlanning.

Section 12. Meetings of the Board.

(1) The Chairperson shall convene the meetings of the Board at times and places as the Board may determine.

(2) The Board shall meet for the discharge of its functions and duties, at least thrice a year.

(3) The Chairperson may convene a special meeting of the Board within 21 days on his/her own motion or on the request of the Director General or at least three members of the Board.

(4) The Chairperson shall preside at all the meetings of the Board and in his/her absence the members present shall elect one of their members to preside at that meeting.

(5) Notice of a Board meeting shall be given to each member, at least fourteen working days before the day of the meeting.

(6) Notice for a Board meeting shall be in writing and shall be delivered by hand, post, fax, or email to each and every member of the Board.

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Section 13. Quorum at Meetings.

(1) The quorum for the meetings of the Board shall be four members.

(2) All the decisions at the meetings of the Board shall be carried by simple majority vote of the members present and voting and in case of a tie, the chair shall have a casting vote.

(3) For the purpose of determining the quorum, a member withdrawing from a meeting or who is not taking part in a meeting under section 16(3) shall be treated as present.

Section 14. Validity of Proceedings.

The validity of any proceedings of the Board shall not be affected by a vacancy in its membership, or by any defect in the appointment or disqualification of a member.

Section 15. Power to Co-opt.

(1) The Board may invite any person, to attend and take part in the proceedings, ifhe/she in the opinion of the Board, has an expertise knowledge on the functions, duties and or business of the Corporation.

(2) Any person invited by the Board, under sub section (1) above shall take part inall the deliberations at the meeting in which his/her advice is needed, but shall have no right to vote.

Section 16. Disclosure of Interest.

(1) Any member of the Board, who is directly or indirectly interested in a contractmade or proposed to be made by the Board, or in any other matter, which is to be considered by the Board, shall disclose the nature or extent of his/her interest at the meeting of the Board.

(2) Any disclosure made under sub-section (1) above shall be recorded in the minutes of that meeting.

(3) Any member who makes a disclosure under subsection (1) above, shall not participate in the deliberations or take part in any decision of the Board with respect to that matter.

Section 17. Regulation of Proceedings.

Subject to the provisions of this Act, the Board may regulate its own proceedings on matters other than those provided for by Law.

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Section 18. Committees of the Board.

(1) The Board may set up committees to advise it on any issues concerning the functions and duties of the Board or any other issues associated with the Corporation, as it may determine.

(2) A committee set up under subsection (1) above shall consist of a Chairperson, who shall be a member of the Board, and such other members as the Board may determine.

(3) The Board shall specify the terms and conditions of service of members of anycommittee appointed under subsection (1) above.

(4) The Board may delegate any of its powers to any committee set up by it subject to any limitations that it may impose.

(5) The Board may require any committee set up under subsection (1) to act jointly or in co-operation with any other committee constituted by it.

(6) Members of a committee constituted under this section may be paid such allowances as the Board may determine.

(7) Subject to any directions that may be issued by the Board, any committee mayregulate its own proceedings.

Section 19. Tenure of Office.

A member of the Board, other than the Director General, shall hold office for a periodof four years and shall be eligible for re-appointment for one extra term. To avoid thesimultaneous retirement of all the appointed members, half of the membership of the Board shall be appointed for two years in the first appointment.

Section 20. Vacancies in the Board.

Where a position falls vacant in the Board the Chairperson of the Commission shall after consultation with the Commissioner, appoint another qualified person to finish the unfinished period of that person who vacated the position. He/she may thereafter be appointed on his/her own merits.

CHAPTER FOURTHE EXECUTIVE BODY

Section 21. The Executive.

The Corporation shall be administered by an executive body which shall be headed bythe Director General and membership of heads of the units of the Corporation.

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Section 22. Functions of the Executive.

Subject to the provisions of this Act and to the general supervisory role of the Board, the functions of the executive shall be:-

(1) The implementation of policies programmes of the Corporation and report on them to the Board.

(2) The proper management of the funds and properties of the Corporation.

(3) Recruitment, organization, control and discipline of the staff of the Corporation.

(4) The development of operation plans to guide the Corporation in the achievement of its objectives.

(5) The setting and revision of fees and charges on the services and or products of the Corporation.

(6) To co-operate with other agencies and organizations involved in the field of telecommunications and services.

(7) The development of an economically efficient and cost effective internal management structures.

(8) The performance of any other duties that may be assigned to it by the Board.

Section 23. The Director General.

(1) There shall be appointed a Director General for the Corporation, by the Chairman on the recommendation of the Chairperson of the Commission after consultation with the Commissioner and on such terms and conditions as shall be specified in his/her letter of appointment.

(2) The Director General shall have professional qualifications and necessary experience in business, public administration, finance or any other technical knowledge relating to telecommunications technology.

(3) The Director General shall be the Chief Executive of the Corporation and shallbe responsible for the day to day administration of the Corporation.

(4) The Director General shall in the performance of his/her functions and duties be answerable to the Board.

(5) The tenure of office of the Director General shall be three (3) years and may be eligible for re-appointment for additional terms.

(6) The Director General shall be the Secretary of the Board as an ex-officio member.

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(7) The Director General shall cease to hold office if he/she:-

(i) resigns.(ii) dies.(iii) is declared bankrupt or insolvent or makes arrangement with his/her

creditors.(iv) is convicted for an offence involving dishonesty, fraud or moral

turpitude.(v) is removed from office by the Board for:-

a) mental infirmity or bodily disability;b) gross misconduct; or c) incompetence or inefficiency.

(8) The Director General shall appoint the executive staff after consultation with the Board. But shall be responsible for appointment of the other support and technical staff of the Corporation.

(9) Undertake the financial, administrative and technical management of the Corporation subject to the policies and directions set forth by the Board.

(10) Not withstanding the generality of the foregoing, the Director General shall, inter alia have the following functions and duties, namely to:-

(i) execute the duties assigned thereto by the Board.(ii) issue business licences in the various fields of telecommunications

services and activities.(iii) issue licences for the use of frequencies and wireless equipment.(iv) represent the Corporation in the regional and international functions

relating to the activities of the Corporation.(v) establish statistical and data units in the different fields of

telecommunication to assist in decision making. (vi) prepare the annual progress report together with the annual budget

proposals and submit the same to the Board.

Section 24. Protection of Members of the Board and Employees of the Corporation.

Members of the Board and executive and all the employees of the Corporation shall be protected and shall not be liable for any act or omission done in good faith, in the lawful exercise of the functions of the Corporation.

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CHAPTER FIVEFINANCIAL MANAGEMENT OF THE CORPORATION

Section 25. Financial Sources.

The financial sources of the Corporation shall consist of:-

(1) Money allocations by the Civil Authority of the New Sudan (CANS) for the operation of the Corporation.

(2) Revenue generated from charges and fees for services rendered and licences issued by the Corporation and use of telecommunication equipment.

(3) Revenue generated from lawful activities of the Corporation in accordance with the provisions of this Act.

(4) Grants, gifts or donations from other sources to the Corporation.

(5) Any other sources as the Commissioner and or the Board may approve.

Section 26. Sound Financial Principles.

The Executive of the Corporation shall manage its finances in accordance with sound financial principles and practices and shall ensure that sufficient funds are available tomeet the Corporations expenditure.

Section 27. Bank Accounts.

(1) The Corporation shall open and maintain such number of bank accounts as arenecessary for the performance of its functions.

(2) The Director General shall ensure that all the monies received by or on behalf of the Corporation shall be safely kept and deposited in the bank account as soon as practicable.

(3) The Director General shall ensure that no money is withdrawn from or paid out of any of the Corporations accounts without prior authorization.

Section 28. Borrowing Powers.

The Board may, with the approval of the Commissioner and consent of the Commissioner for Finance and Economic Planning, borrow money from any source tomeet its obligations or for the proper discharge of the functions of the Corporation in accordance with the provisions of this Act.

Section 29. Surplus Funds.

Funds of the Corporation that are not immediately required for any purpose in accordance with the provisions of this Act, may be invested as the Board may direct after consultation with the Commissioner.

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Section 30. Budget.

(1) The Director General shall prepare and submit to the Board for approval, the annual budget of the Corporation.

(2) The Board shall before the end of each financial year, approve the budget and submit the same to the Commissioner for consideration.

Section 31. The Financial Year.

The financial year of the Corporation shall be the period of twelve months commencing on such day in each year as the Board may determine or as determined by the financial laws of the New Sudan.

Section 32. Accounts.

(1) The Director General shall keep proper books of accounts and records of all the transactions of the Corporation.

(2) The Director General shall prepare and submit a financial statement to the Board not later than three months from the end of the previous financial year. The report shall include:-

(i) a financial statement of income and expenditure during the financial year;

(ii) a statement of the assets and liabilities of the Corporation for the financial year, submitted to and audited by the Auditor General.

(iii) auditors report.

Section 33. Audit.

(1) The Board shall, in each financial year, ensure that the accounts of the Corporation are audited by the Auditor General or any other certified auditor approved by him/her.

(2) The Board shall ensure, within four months from the end of the financial year of the Corporation, that an audited statement of accounts in accordance with the provisions of section 32 above, is submitted to the Commissioner.

(3) The auditor shall have access to all the books of accounts, vouchers and other records, and shall be entitled to any information and explanation required in relation to those records.

Section 34. Financial and Other Reports.

(1) The Board shall within four months after the end of the financial year, submit to the Commissioner, a statement of the activities of the Board and the Corporation in the preceding financial year, containing such information as theCommissioner may require.

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(2) The Board shall also submit to the Commissioner such other reports on its activities or any other mater the Commissioner may from time to time require.

CHAPTER SIXTELECOMMUNICATIONS EQUIPMENT AND RADIO

STATIONS.

Section 35. Establishment, Possession and Use of Telecommunication Network.

(1) No person shall possess, establish, install or operate any public or private telecommunication network unless it is licensed in accordance with the provisions of this Act.

(2) The under-mentioned entities shall be exempted from the provisions of sub-section (1) and they are:-

(i) telecommunication networks of the SPLA and other regular and security forces.

(ii) telecommunication networks of CANS and SPLM institutions.(iii) internal communications network within parts of the same building and

owned by one person.

(3) The entities exempted under sub-section (2) above shall not offer telecommunication services on commercial bases save under licence issued onthe approval of the Board.

Section 36. Wireless Equipment and Radio Stations.

(1) No person shall possess, install, use or operate any wireless equipment or radio station inside the New Sudan or on board of any plane or ship registered in the New Sudan save under licence issued in accordance with the provisions of this Act.

(2) Without prejudice to the generality of sub-section (1) above, the under-mentioned shall be exempted from the provisions of the above quoted sub-section:-

(i) all the SPLA and other regular and security forces within the limits of frequency bands allocated to them.

(ii) foreign planes and ships in the territorial waters and space.(iii) any other persons as the Board may decide.

Section 37. Closure of Equipments and Stations.

(1) The Corporation shall have the power to close down permanently or temporarily, any wireless equipment or radio station that operates contrary to the provisions of this Act.

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(2) The licensee, in the case of a temporary closure of the wireless equipment or radio station, shall not use the same in the period of closure and shall correct the cause of action accordingly within the specified period.

(3) In case of permanent closure, the licensee shall not operate the wireless equipment or the radio station and shall inform the Director General about the method of disposal of such equipment or station whether by transfer of ownership or destruction thereof or by any other means to be approved by the Director General, as the case may be.

Section 38. Radio Operator Certificate.

(1) No person shall operate any wireless equipment or radio station inside the New Sudan or on board a ship or plane registered in the New Sudan unless he/she is a holder of a radio operator certificate issued in accordance with the provisions of this Act and/or regulations.

(2) The Corporation shall regulate the training and examination of radio operators and issuance of certificates therein.

Section 39. Harmful Operation.

If the operation of any wireless equipment or radio station or electrical appliance resulted in the failure or interference with another equipment or station or caused harm to any telecommunication services, the Director General shall in writing notify the person or entity who caused such interference, failure or harm, to undertake the necessary rectification and remove the causes of interference, failure or harm within a period specified in the said notification.

Section 40. Import, Manufacture and Trade in the Wireless and Telecommunication Equipments.

(1) The manufacture, import, assembly and trade or installation of wireless and telecommunication equipments shall be after obtaining a licence in accordancewith the provisions of this Act.

(2) The customs authorities shall not release any telecommunication or wireless equipment imported without a licence.

(3) Telephones, faxes and email sets for personal use shall be exempted from the provisions of this section.

CHAPTER SEVENLICENCES AND FEES

Section 41. Licences.

(1) Applications for licences shall be presented to the Director General in the manner specified by the Regulations.

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(2) The issuance of a broadcast station licence by the Board shall be on the approval of the Commissioner.

(3) Any licence issued in accordance with the provisions of this Act shall be subject to the conditions specified by the Board.

(4) No licence shall be amended or transferred without the written consent of the Board.

(5) The regulations shall regulate the validity of licences and their renewal.

Section 42. Fees.

(1) The licensee in whose name the licence is issued shall be responsible for payment of the fees prescribed by the Board from time to time.

(2) The following entities shall be exempted from the prescribed licence fees:-

(i) diplomatic missions, United Nations Agencies and Organizations. (ii) any other entity exempted by an order issued by the Commissioner on

the recommendation of the Board.

Section 43. Amendment of Licence Conditions.

(1) The Board may on the recommendation of the Director General, amend the conditions of any licence in accordance with the procedures prescribed in the regulations.

(2) Any party aggrieved by the amendment of the conditions of his/her licence, may appeal to the Commissioner, whose decision shall be final.

Section 44. Use of Wireless Equipment, Radio and Broadcast Stations.

(1) The use of wireless equipment, radio and or broadcast station shall be subject to the conditions prescribed by the Board at the time of issue of the licence.

(2) Without prejudice to the generality of subsection (1)above, the conditions shall in particular include the location of the station, type, the frequencies allocated, the personnel employed, the date of issue of the licence and fees paid.

(3) The licensee shall not use any broadcast station or wireless equipment or frequency for any purpose other than specified in the licence.

(4) Amendment of details or purposes for which a licence was issued shall be withthe written consent of the Board.

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Section 45. Disposal of Wireless Equipment, Frequencies, Radio and Broadcast Stations.

Ownership of wireless equipment, radio and broadcast stations or frequencies licensedthereto shall not be transferred, leased or disposed of save with the written consent of the Director General in accordance with the provisions of this Act and regulations.

Section 46. Cancellation of Telecommunication Licence.

(1) The Director General shall cancel a telecommunication licence in any of the following cases:-

(i) failure to pay the prescribed renewal fee with in the prescribed period.(ii) contravention of conditions included in the licence.(iii) liquidation of business, declaration of bankruptcy or loss of legal

capacity by the licensee.(iv) any other cases where the Commissioner or the Board believes that

they have impact on the security and or public order of the New Sudan.

(2) The Director General may cancel a licence issued for any specific service or specified area if:-

(i) the licensee contravenes the provisions of this Act or regulations,(ii) the licensee interfered, failed or harmed other persons or refused to

adjust and correct after being served with a written notice for a specificperformance.

(iii) the licensee did not execute the directions of the Director General with in thirty days from the date of service of the notice in paragraph (ii) above.

(iv) there have been complaints that the services of the licensee were belowthe required standard, the correctness of which was verified by the Board, and the licensee was notified twice with in a period of six consecutive months on the same issue.

(v) there are any other issues as the Director General may deem appropriate.

Section 47. Non Acceptance of New Subscriptions.

No licensee shall accept new subscriptions from the date of cancellation of his/her licence save to the extent necessary for the transfer of the subscribers to another licensee after obtaining a written consent from the Director General.

Section 48. Delivery of Licence.

The licensee or the person in possession of the licence shall deliver the same to the Corporation on the expiry of the licence or cancellation thereof.

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CHAPTER EIGHTPUBLIC TELECOMMUNICATION SERVICES.

Section 49. Reports.

The licensee of a Public Telecommunication Service shall furnish the Director General with:-

(1) An annual report indicating the technical, administrative and financial guarantees for the provision of telecommunication services in the required standards.

(2) Any other information and data relating to the services as the Director Generalmay require.

Section 50. Alteration of Charges.

(1) The licensee shall not alter the charges for public telecommunication services without the consent of the Board.

(2) The licensee shall make public the new approved charges one month before coming into force.

Section 51. Agreements.

(1) The licensee shall deposit at the Corporation any local, regional or international telecommunication services agreements, immediately after signature.

(2) Notwithstanding the provisions of subsection (1) above, no CANS entity, except the Secretariat of Defence, shall sign any agreement on telecommunications without the written consent of the Commissioner.

Section 52. Monitor of Telephone Conversations.

(1) Telephone conservations shall not be controlled or monitored without the written authorization of the Commissioner for Legal Affairs and Constitutional Development (the Attorney General) or a competent Judge.

(2) If the services provider discovers after the monitoring or the control made under subsection (1) above, that the source of control or monitoring is one of the users of his/her services, he/she shall report the same to the authority that issued the orders.

Section 53. Adherence to the Conditions of Licence.

(1) For the purposes of inspection and ensure that the licensee adheres to the conditions of the licence, the Director General shall take all the necessary procedures and measures for inspection.

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(2) Notwithstanding the generality of the foregoing subsection the Director General shall:-

(i) carry out inspection on the locations of telecommunication net work, telecommunication equipment and broadcast stations.

(ii) examine the technical records and systems of billing.(iii) evaluate the standard of services rendered and their efficiency and

effectiveness.

Section 54. Power to Inspect, Supervise and Detect Contraventions.

(1) Officers of the Corporation shall have the power and authority to inspect and supervise within the New Sudan, on board of all the ships in the territorial waters and on board of all the planes at the New Sudan airports for:-

(i) supervision of radio equipment, radio stations, broadcast stations and frequencies to ascertain the proper use and operation thereof.

(ii) detection of the unlicensed equipment, frequencies and stations.(iii) subjection of the equipment to immediate examination in or outside the

location thereof.(iv) examination of the licences and documents.(v) detection of any activity that contravenes the provisions of this Act and

regulations.

(2) Officers of the Corporation shall have the right to enter and inspect factories, communication centres, stores, planes, ships in the territorial waters, at any time to detect contraventions to the provisions of this Act and or regulations.

(3) Without prejudice to the provisions of subsection (2) above, entry and inspection of private residences shall be by an order issued by the Commissioner for Legal Affairs and Constitutional Development (Attorney General) or by a competent Judge.

(4) (i) Lien of items which are not licensed provided that items which can be licensed shall be kept till they are licensed.

(ii) if the equipments under lien are not licensed or their recovery not requested by the owner within a period of thirty (30) days, the DirectorGeneral may request the court to order confiscation of such equipmentsto the interest of the Corporation.

(5) In the course of entry, inspection and detection of contraventions, officers mayseek the assistance of the police force or any person present and the police or that person shall render that necessary and required assistance.

(6) The contravening person or entity shall be issued a receipt which shall bear theparticulars of the equipment detained in contravention of the provisions of thisAct. Such equipment shall be delivered to the Corporation for custody till the issue of the contravention is resolved.

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CHAPTER NINEMISCELLANEOUS PROVISIONS

Section 55. Connection of Telecommunication Networks.

The licensee shall connect licensed telecommunication networks or equipment approved by the Board for use in accordance with the rules prescribed by the Board incoordination with both parties.

Section 56. Closure of Wireless Equipment.

(1) The Board may close any wireless equipment for reasons it deems necessary or exceptional.

(2) Any party aggrieved by an order issued under subsection (1) above may appeal to the Commissioner whose decision shall be final.

Section 57. The Technical Committee.

(1) There shall be established under the Board a technical committee for wireless communication, hereinafter referred to as the Committee.

(2) The Committee shall be constituted of representatives appointed by the institutions concerned as follows:-

(i) representative of the Telecommunication Corporation Chairperson.(ii) representative of SPLA Military Intelligence - Member(iii) representative of Public Security - Member(iv) representative of SPLA Signal Unit - Member(v) representative of Police Headquarters- Member(vi) representative of External Security - Member(vii) representative of Criminal Investigation Department (CID) - Member

(3) The Committee shall have the following functions:-

(i) study and make recommendations in relation to applications for wireless equipment licences and renewal thereof.

(ii) any other functions and duties as may be specified by the Board.

(4) The Board shall set the internal rules of procedure to organize the meetings of the Committee.

(5) The Board shall specify the remuneration of the Chairperson and members of the Committee whenever they convene.

Section 58. Temporary Cessation of Audio and Visual Broadcast.

(1) The Commissioner may issue an order for cessation of broadcast of any material if it contravenes the norms and ethics of any society or community, local or international agreements or individual contractual rights.

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(2) The Commissioner may issue an order suspending the audio/visual broadcast of any material in accordance with the provisions of this Act, for a specific period, if he/she thinks that the continuity of the broadcast contravenes the requisites of public interest, national security or intrinsic cultural characteristics.

Section 59. Free Competition.

Public telecommunication services shall be provided through free market competition by persons capable of establishing efficient and competent telecommunication networks.

Section 60. International Conventions and Standards.

Licensees shall adhere to the obligations of the International Conventions and standards in the field of telecommunications and audio or visual broadcast and specially in the areas of frequencies, international agreements for compatibility and interoperability of systems, quality and standards of services and international criteria for ratification.

Section 61. Penalties.

(1) The Board may impose on any person who contravenes the provisions of this Act, regulations and orders issued therein, any of the penalties specified therein.

(2) The Commissioner may impose any penalties specified in the regulations on any licensee in contravention of any directives or basic principles laid down by him/her.

(3) Notwithstanding any other punishment under any other law, any person who contravenes the provisions of this Act, rules and regulations and orders thereincommits an offence and shall on conviction be imprisoned for a period not exceeding six months or with fine or with both.

(4) In any case involving contravention of the provisions of this Act, regulations and orders, the court may, in addition to the penalty under subsection (3) above, order:-

(i) cancellation of the licence.(ii) confiscation of the equipment to the interest of the Corporation.(iii) both (i) and (ii).

(5) The County Court of 1st grade Judge or any other higher court, shall be competent to try offences and or contraventions in accordance with the provisions of this Act.

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Section 62. Service on the Corporation.

Notices, summons or documents may be served on the Corporation by delivery at the head office or branches by hand, post, email or fax or to the Director General in person.

Section 63. Regulations and Orders.

(1) The Board, with the consent of the Commissioner, shall issue regulations and orders for the proper implementation of the provisions of this Ac.

(2) Without prejudice to the generality of the foregoing subsection, the regulationsand orders shall, inter alia include:-

(i) licence applications.(ii) licensing conditions.(iii) obligations of the licensee.(iv) regulation of the allocation and use of frequencies.(v) procedures of inspection, supervision and submission of reports.(vi) forms of licences.(vii) fees and charges in return for services rendered or to be rendered.(viii) penalties for contraventions.(ix) terms and conditions of service of the employees of the Corporation.(x) establishment and regulation of the administration of the Corporation.(xi) regulatory and disciplinary measures for the employees of the

Corporation.(xii) delegation of powers of the Commissioner and the Board.(xiii) any other thing or issue which in the opinion of the Board or the

Commissioner is necessary to further the functions and objectives of the Corporation.

Given under my hand this ____________ day of _________ in the year, 2004 A.D.

______________________________________Dr. John Garang de Mabior

ChairmanSPLM/CANS

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