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THE TANZANIA COMMUNICATIONS ACT 1993ARRANGEMENT OF SECTIONS

PART I

PRELIMINARY

Section1 Short title2 Interpretation

PART IIESTABLISHMENT FUNCTIONS POWERS AND DUTIES OF THE TANZANIA

COMMUNICATIONS COMMISSION

3 Establishment of Tanzania Communications Commission4 Constitution of the Commission5 Functions and Duties of the Commission6 Obligation of the Commission7 Role of the Minister Minister8 Secretariat of the Commission

PART IIIPOWER To LICENCE AND REGULATE TELECOMMUNICATION SYSTEMS

9 Powers to issue licences and regulate provision of telecommuni-cation systems

10 Commission to manage and assign the national radio frequencyspectrum

il Licences to be issued unconditionally or subject to any conditions12 Designation of public telecommunication licensee13 Power to issue licences and regulate provision of posts Services14 Licences to be issued unconditionally or subject to any conditions15 Designation of public postal licensee16 Application and grant of licence17 Application for licence to be in writing18 Discretion of Commission to Grant Licence19 Modification of licence conditions20 Suspension or cancellation of licence

PART IVAPPROVAL OF TELECOMMUNICATIONS EQUIPMENT TO BE CONNECTED TO

PUBLIC NETWORK21 Commission to approve equipment22 Power to Issue Regulations

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Tanzania Communications 19932 No 18

SectionPART V

MISCELLANEOUS AND GENERAL MATTERS23 Power to enter on and to survey land24 Power to erect etc telephone lines etc on any property25 Removal of telephone lines etc erected on any property26 Power to enter land to prevent accident etc27 Powers in relation to electricity undertakers etc28 Structures likely to interfere with telecommunications Services

PART VIPOSTAGE STAMPS AND POSTAL CHARGES

29 Provision of postage stamps and power to make Rules as to them30 Postage stamp to be used for prepayment31 Exemption from postal Charges32 Powers to make rules as to transmission by post of postal articles33 Transmission by post of anything injurious etc prohibited34 Transmission by post of anything indecent etc prohibited35 Commission to make rules dealing with prohibited Articles36 Obligation of licensee to inform the Commission37 Disposal of postal articles detained under this Act38 Extension of sections 33 34 35 36 and 3739- Power to make rules as to disposal of undelived postal Articles40 Power to provide for Postal financial services and to make rules

thereon41 Special powers in emergency or in the national or public interest

PART VIIFINANCIAL PROVISIONS

42 Sources of funds of Commission43 Budget of Commission44 Accounts and audit

PART VIIIOFFENSES AND PENALTIES IN RELATION TO POSTAL SERVICES

45 Penalty for contravention of sections 14 and 1546 Penalty for contravention of sections 33 and 3447 Penalty for defiling or injuring letter boxes48 Penalty for affixing without authority anythingto or disfiguring

a post office49 Penalty for unlawfully detaining mails or opening mail bags50 Penalty for unlawfully retaining postal articles or mail bags51 Penalty for unlawfully diverting letters52 Penalty for unlawfully disclosing contents of postal articles53 Penalty for making- fictitious stamps54 Prohibition of false notices as to reception of letters55 Offenses by officer employee or agent of public postal licensees

1993 3No 18 Tanzania Communications

TitleSection56 Penalty for breach of licence57 Offenses by body corporate58 General penalty59 Penalty for abetting or attempting to commit offenses60 Magistrates court to have full jurisdiction61 Power of Director General to compound certain offenses

PART IXOFFENSES AND PENALTIES IN RELATION To TELECOMMUNICATION

SERVICES62 Unlawful operation of telecommunication system63 Prohibitions in respect of radio communication and telecommuni-

cation equipment64 Penalty for unlicensed radio station65 Exemption from Sections 62 63 and 6466 Power of search and seizure67 Using unlawful telecommunication system or service68 Obstruction of public telecommunication or postal licensees69 Intentional damage to installation or plant used for telecommuni-

cations70 Offenses by officer employee or agent of public telecommunica-

tion licensees71 Fraudulent use of telecommunication system sending false mes-

sage72 Sending false message 73 Fraudulent retention of messages74 Protection of installation or plant used by public telecommunica-

tion or postal licensee75 Prohibition of false notice relating to public telecommunication

installation or plant76 Charging for use of services provided by public telecommunica-

tion and Postal licensee77 Compensation for damage caused to public telecommunication

or Postal licensees installation or plant78 Compensation for damage to public telecommunication or

Postal licensees installation or plant79 Penalty for removing any mark denoting used device for tele-

phone purposes80 Failure to disconnect equipment not approved under Section 21

ANNEX- First Schedule - Constitution and proceeding of Commission-Second Schedule - Powers of Commission-Third Schedule - Regulations

Tanzania Communications6 No 18 1993

Director General means the Director-General of the Commission ap-pointed under section 8(2)

equipment includes any appliance apparatus or accessory used orintended to be used for telecommunication or postal purposes

Hertian or radio waves means electro-magnetic waves of frequenciesnot exceeding 1000 tetahertz propagated in space without any artificialguide

installation or plant used for posts includes all buildings lands struc-tures machinery equipment boxes and receptacles used or intendedfor use in connection with the transmission of postal articles by post

installation or plant used for telecommunications includes all buildingslands structures machinery equipment cables poles and lines usedor intended for use in connection with telecommunications

letter includes any communication in the nature of current and per-sonal correspondence and includes postcard

licence means licence issued under the provisions of this Actlicensee means any person licensed under the provisions of this Actmail bag means any bag container envelope or covering in which

postal articles are conveyedmessage means any sign signal writing image sound intelligence

or information of any nature transmitted by telecommunicationsMinister means Minister for the time being responsible for communi-

parcel means a postal article which is posted at a post office as a parcelor is received at a post office by parcel post

post means any system for the collection dispatch conveyance hand-ling and delivery of postal articles by or through a public postal licen-see

post office means any building house room vehicle or place wherepostal articles are received delivered sorted made up or dispatched

postage means the fee chargeable for the transmission by post ofpostal articles

postage stamp means any label or stamp for denoting any postage orother sum payable in respect of a postal article and including anyadhesive postage stamp or stamp printed impressed or otherwiseindicated on a postal article whether the postage stamp is issuedunder this Act or by the government of any other country

postal article means any article or thing transmissible by post butdoes not include such article or thing as the Minister may prescribeto be not transmissible by post

postal service means any service by postpostal successor corporation means the Tanzania Posts Corpora-

tion established by the Tanzania Posts Corporation Act 1993

19936 No 18 Tanzania Communications

1993 7Tanzania CommunicationsNo 18

postal undertaking means all the lands buildings and other prop-erty movable or immovable vested in the Minister immediatelybefore the transfer date for the postal purposes of the Ministerand all assets powers rights interests privileges debts liabilitiesand obligations connected therewith

postcard means a card recognised as a postcard in accordancewith the terms of the Convention regulating the affairs of theUniversal postal Union

it posting box includes any pillar box and wall box and any otherbox or receptacle provided by or under the authority of a publicpostal licensee for the purpose of receiving postal articles for trans-mission by or under the authority of a public postal Licensee

public postal licensee means a person designated by the Commissionunder Section 15

public postal licensees installation or plant means any installationor plant used for posts belonging to or used by a public postallicensee

public telecommunication licensee means a person designated by theCommission under section 12

public telecommunication licensees installation or plant meansany installation or plant used for telecommunications belongingto or used by a public telecommunication licensee

public telecommunications network means a telecommunicationsinstallation or plant for use by the public

radiocommunication means any telecommunication by means ofHertzian or radio waves

radiocommunication service means any service for radiocom-munications

radiocommunication system means any system used or intendedto be used for radiocommunications

shares in relation to a company includes shares debentures bondsand other securities of the company whether of not constitutinga charge on the assets of the company

subsidiary has the same meaning as in the Companies Acttelecommunication line means a wire or cable used for telecom-

munications with any casing coating tube or pipe enclosing thesame and any appliance and apparatus connected therewith forthe purpose of fixing or insulating the same

telecommunication service means any service for telecommunica-tions

telecommunications successor company means a company estab-lished by the Tanzania Telecommunications Company Incorpora-tion Act 1993

1993Tanzania Communications8 No 18

telecommunication system means any system used or intended tobe used for telecommunications

telecommunications means a transmission emission or receptionof signs signals writing images sounds or intelligence of anynature by wire radio optical or other electro-magnetic systemswhether or not such signs signals writing images sounds orintelligence have been subjected to rearrangement computationor other processes by any means in the course of their transmis-sion emission or reception

vessel includes any ship boat air-cushioned vehicle or floatingrig or platform used in any form of operations at sea or any otherdescription of vessel

(2) For the purpose of this Act-(a) the delivery of the postal article shall be delivered if

(i) it is delivered into the letter box of the addressee or byleaving it at the house or office of the addressee or withthe addressee or with his employee or agent or other per-son authorised to receive it and where the addressee is aguest or is resident at a hotel hostel or lodging or of a similarnature if it is left with the proprietor or manager thereofor with his agent or

(ii) it is deposited into a posting box or handed over to anemployee or agent of a public postal licensee authorised toreceive it

(b) A postal article-shall be in the course of transmission by postfrom the time of its being delivered to the postal public licenseeto the time of its being delivered to the addressee or its beingreturned to the sender or otherwise disposed of under this Act

PART IlESTABLISHMENT FUNCTIONS AND POWERS OF THE TANZANIA COMMUNI-

CATIONS COMMISSION (TCC)3-(1) There is hereby established a Commission to be known as

the Tanzania Communications CommissionEstablish-ment ofthe Com-

(2) The Commission shall be a body corporate and shall-mission(a) have perpetual succession and a common seal(b) in its corporate name be capable of suing and being sued(c) be capable of purchasing and otherwise acquiring or alienating

any movable or immovable property(d) have power from time to time to exercise and perform such other

power and functions as are conferred by or under this Act


4-(1) The Commission shall consist of-(a) a Chairman who shall be appointed by the President and(b) not less than four nor more than six other members who shall

be appointed by the Minister(2) The provisions of the First Schedule to this Act shall have effect

as to the tenure of office and the termination of the appointment ofmembers of the Commission as well as to the proceedings of the Com-mission and other matters in relation to the Commission

(3) The Minister may by notice published in the Gazette amend varyor alter any of the provisions of the First Schedule to the Act

5-(l) The functions of the Commission shall be-(a) to ensure that there are provided throughout the United Republic

good and sufficient domestic and international telecommunica-tions (except broadcasting and television) and postal services andsuch other services on such terms as the Commission may thinkexpedient

(b) without prejucide to the generality of paragraph (a) to ensurethat any person by whom any telecommunication or postal ser-vices fall to be provided is able to provide these services at ratesconsisted with efficient and continuous service and necessity formaintaining independent financial viability

(c) to promote the development of telecommunication and postalsystems and services in accordance with practicable recognisedinternational standard practices and public demand

(d) to exercise licensing and regulatory functions in respect of tele-communication and postal systems and services in the UnitedRepublic including the establishment of standards and codesrelating to equipment attached to telecommunication and radiocommunication system

(e) to exercise licensing and regulatory functions in respect of alloca-tion and use of satellite orbits and radio frequency spectrum inthe United Republic for all purposes including establishment ofstandards and codes relating to any matter in connection there-with

(f) to regulate the fixing of rates of postage and other fees or sumsto be charged in respect of postal articles sent under this Act

(g) to regulate the fees and commissions on postal financial services(h) to regulate the performance of postal financial services on behalf

of government and non-government agencies(i) to regulate the issuance of postage stamps including definitive

commemorative and special issues of postage stamps and anyother philatelic items

(j) to ensure that the terms conditions stated in a licence grantedunder sections 9 10 11 12 13 14 and 15 are complied with

Constitu-tion of thecommis-sion

Functionsand dutiesof thecommis-sion


(k) to promote competition in providing for telecommunication andpostal services

(1) to secure that reasonable demands for telecommunication andpostal services are satisfied

(m) to regulate telecommunications tariff rates with a view to elimi-nate unfair business practices among operators

(n) to promote and encourage the expansion of telecommunicationand postal services with a view to the economic development ofthe United Republic

(o) to further the advancement of technology relating to the telecom-munication and postal systems and services

(p) to act internationally as national body representative of the Un-ited Republic in respect of telecommunication and postal matters

(q) to advise the government on all telecommunication and postalmatters and on matters pertaining to the Commission generally

(2) In discharging the functions and duties imposed on it by subsection(1) the Commission shall have regard to-

(a) efficiency and economy(b) satisfying reasonable demands for telecommunication and postal

services(c) fostering the development and expansion of telecommunication

and postal services in the United Republic in collaboration withother countries and international organisations

(d) maintaining effective competition between persons engaged inthe provision of telecommunication and postal system and ser-vices

(e) enabling persons providing telecommunication and postal systemsand services in the United Republic to compete effectively in theprovision of such systems and services

(f) the promotion of measures for the safety of life through tele-comunications

(g) the provision of the telecommunication and postal services atrates consistent with efficient service and necessity for maintainingindependent financial viability

(h) improvements in the effective and efficient use of the radio fre-quency spectrum

(i) the promotion of research and development in the field of telecom-munication and postal systems and services

(j) collaboration with educational institutions for the promotion oftechnical education in the fields of telecommunication systemsand services

Tanzania CommunicationsNo 18 1993 11

(3) Without prejudice to the generality of the functions specified insubsection (1) and (2) the Commission shall have power to do all suchacts and things as may appear to it to be necessary advantageous orconvenient for the efficient discharge of its functions and may in particu-lar exercise all or any of the powers specified in the Second Schedule

6-(1) The Commission shall in the performance of its function ahave regard to-

(a) any general policies of the government notified to it by the Minis-ter under Section 7

(b) any general or specific direction given by the Minister undersection 7

(c) any obligations under any convention to which the United Repub-lic is a party

(2) The Commission shall in the performance of its functions establishand maintain a system of coordination cooperation and consultationwith the Tanzania Broadcasting Commission and any other body withinor outside the United Republic which has similar or related functions

7-(1) It shall be the duty of the Minister to-(a) determine government policies for telecommunications and

postal sectors(b) coordinate the telecommunications and postal sector industries

both within and outside the United Republic(2) The Minister shall notify the Commission of general policies of

the government that are to apply in relation to the Commission and toensure that the policies are carried out

(3) (a) The Minister may after consultation with the Commissiongive directions to the Commission in relation to the perfor-mance of its functions and the exercise of its powers inregard to-

(i) conditions to be included in the lincences to be grantedto applicants

(ii) general guidelines for determination of tariffs by respec-tive operators

(iii) determination of technical standards about networkmatters

(iv) guidelines for performing its-functions or exercise of itspowers relating to the issuing varying or cancelling oflicences

(v) any other general policy matter within the powers ofthe Commission

(b) Any direction given by the Minister to the Commission in accor-dance with this subsection shall be in writing and published inthe Gazette

Obligationof the commi-sion

Role ofminister


8-(I) There is hereby established a Secretariat of the Commissionwhich shall subject to this Act be the executive technical and adminis-trative organ of the Commission

The See-retariat

(2) The Secretariat shall be headed by a Director General who shallbe appointed by the President and shall hold office on such terms andconditions and for such period not less than five years as may bespecified in the instrument of his appointment and shall be eligible forreappointment

(3) The Director General shall be responsible to the Commission forthe proper administration and management of the functions and affairsof the Commission in accordance with the policy laid down by the Com mission

(4) If the Director General is temporarily absent from the UnitedRepublic or temporarily incapacitated by reason of illness or for anyother reason temporarily unable to perform his duties a person may beappointed by the Commission to act in the place of the Director Generalduring any such period of absence from duty

(5) The Commission may from time to time appoint and employ onsuch terms and conditions as the Commission may determine such otherofficers and employees as may be necessary for the effective performanceof its functions

PART III

POWER TO LICENCE AND REGULATE POSTAL SERVICES AND TELECOM-MUNICATION SYSTEMS

q-(1) Subject to the provisions of this Act the Commission shallhave the power of licensing and regulating telecommunication systemsand services in the United Republic

Power toissue li-cence andregulatetelecorn- (2) The power conferred on the Commission by sub-Section (1) shall-munica-

(a) include the right to issue licences and to regulate the establish-tion sys-ment installation use working maintenance developmentconstruction promotion hiring and selling of telecommunication

terns

systems and services and(b) extend to every vessel or aircraft registered in the United Repub-

lic and to every other vessel aircraft and any vehicle whethermechanically propelled or not in the United Republic

(3) The power conferred under this Section shall not be infringed by-(a) the running by any person solely for his own use or solely for

the purpose of his business (but not for providing any telecom-munication service to another person) or telecommunication linesystem in which all the equipment comprised therein is situated-

(i) on a single set of premises in a single occupation- or(ii) in a vessel aircraft or vehicle or in two or more vessels

aircraft or vehicles mechanically coupled together or

Tanzania Communications 1993 13No 18

(1) the operation of the telecommunication system(I) in the course of their duties by the officers and men of

the armed forces the police and national security of theUnited Republic or

(II) by the Tanzania Broadcasting Corporation or any otherperson In the provision of any broadcasting and televi-sion services under the Tanzania Broadcasting Act1993

10-(I) The Commission shall maintain control over all radio com-munication channels and frequencies and provide for the use of suchchannels and frequencies by persons for limited periods of time by issuinglicences under such condition as shall be determined by the Commission

(2) The Commission may consistent with public interest convenienceand necessity make regulations-

(a) governing harmful interference to other communications(b) establishing minimum performance standards of electronic

appliancesin regard to manufacture Import sale shipment and use of such devicesor appliances

(3) The Commission shall set aside separate radio frequency spectrumfor use and management by the central government the Tanzania Broad-casting Commission and those to be allocated and managed by the Commission for commercial local governments non governmental institu-tions and other uses and shall maintain register In respect of all operatorsto whom radio frequency spectrum have been allocated

(4) The Commission shall from time to time-(a) classify radio stations prescribe the nature of service to be re-

ndered by each station assign bands of frequencies to each classof stations and assign frequencies to each and the time duringwhich it may operate

(b) make regulations to-(i) prevent interference between stations and to carry out

the requirements under this Act(ii) require stations to maintain such records of communi-

cations or signals as the Commission may deem neces-sary

(iii) require stations to submit to the Commission such re-ports as the Commission may from time to time require

(5) The Commission shall have authority to inspect all radio installa-tions associated with stations required to be licensed under this Act toascertain whether they conform to the requirements of the regulationsin regard to construction installation and operation

Act No 6of 1993

Commis-sion tomanageand assignthe na-tionalradio fre-quencyspectrum


11 (1) A licence may be granted by the Commission either uncon-ditionally or subject to such conditions as it may specify in the licenceproviding for the running by the licensee of such telecommunicationsystems and services as may be specified in the licence

Lincenceto be is-sued un-condition-ally orsubject to (2) A licence granted under subsection (1) may be granted-either toconditions

any person or class of persons and may in addition include conditionsrequiring

(a) the interconnection or access to telecommunication systems ofany person or class of persons licensed under subsection (1)

(b) the payment to the Commission of such fee on the grant of thelicence as may be determined by the Commission or the paymentto it of periodic fees during the currency of the licence

(3) A payment required by subsection (2) to be rendered to the Com-mission may be recovered by it in any court of competent jurisdictionas if it were a simple contract debt

(4) The grant and renewal of the licence under this section shall beat the discretion of the Commission

(5) Any person aggrieved by a refusal of the Commission to grant alicence may within fourteen (14) days of the refusal appeal to a courtof competent jurisdiction on the grounds only that the relevant proce-dure was not followed or that the refusal was based on extraneous factors

(6) The decision of the court on the appeal shall be final(7) Anything done in accordance with a licence granted under subsec-

tion (1) shall not constitute any infringement of the privilege conferredby section 12

12-(1) The Commission shall have the power to designate the tele-communication successor company to be a public telecommunicationlicensee to perform all or any of the functions relating to the operationand provision of telecommunication systems and services in the UnitedRepublic

Designa-tion ofpublictelecorn-rnunica-tionlicencee (2) The Commission shall within a specified period grant a licence

under Section 9 to the telecommunications successor company so desig-nated as the telecommunication public licensee

13-(I) The Commission shall have the power to issue licences forPower toissue Li-

(a) conveying by post from one place to another whether by landcence andor by sea or by air all letters and postcardsto rcgu-

late provi- (b) performing all the incidental services of receiving collectingsion of sending dispatching and delivering all letters and postcardsexcept those letters falling within any of the following categories

postal ser-vices

that is to say(i) trade announcements circulars printed extracts from

newspapers or advertisements not addressed to anyperson


(ii) letters delivered by an employee of the sender(iii) letters delivered by a messenger employed by the sen-

der especially for the purpose not being a personemployed or engaged in the course of his business oremployment in delivering or procuring the delivery ofletters

(iv) letters exceeding two kilograms in weight per letter(v) letters concerning goods sent with the goods and deli-

vered therewith(vi) letters carried to or from a post office(vii) letters carried in accordance with an agreement en-

tered into by the licensee(viii) transfers between document exchanges

(ix) letters carried to the premises of a provider of elec-tronic mail services for the purposes of being transmit-ted as electronic mail or letters carried from the pre-mises of such a person after having been so transmit-ted

(x) letters carried and delivered by a private friend withouthire reward or other profit and

(xi) letters carried and delivered personally by the sender(2) If any question arises as to whether or not any postal article is a

letter within the meaning of this Act the decision of the Commissionthereon shall be final14-(l) The Commission may grant a licence on such terms andconditions and in consideration of such payments as it thinks fit to anyperson for the doing of any such act or the performance of any suchservice falling within Section 13(l) (a) and (b) as is specified in thelicence and anything done under and in accordance with a licencegranted under this section shall not constitute an infringement of theprivilege conferred by section 15

(2) A licence granted under subsection (1) may be granted either toany person or class of persons or a particular person and may include(without prejudice to the power to impose conditions conferred by thatsubsection) conditions requiring the payment to the Commission of afee on the grant of the licence or the payment to the Commission ofperiodic fees during the currency of the licence or both of such amountas may be determined or under the licence


(4) No person shall question whether the grant of a licence undersubsection (1) was or was not effected with consent of or in accordancewith the terms of a general authority given by the Commission and the

Licences to be is-sued un-condition-ally orsubject toconditions

16 No 18 Tanzania Communications 1993

validity of a licence granted under that section shall not be impugnedon the ground that it was granted neither with the consent of nor inaccordance with the terms of a general authority given by the Commis-sion


(6) Anything done in accordance with a licence granted under subsec-tion (1) shall not constitute any infringement of the privilege conferredby section 15

15-(l) The Commission shall have the power to designate theTanzania Posts Corporation to be a public postal licensee to performall or any of the functions relating to the operation and provision of

Designa-tion ofpostalpublic postal services in the United Republiclicensee

(2) The Commission shall within a specified period grant a licenceunder section 13 to the Tanzania Posts Corporation so designated asthe postal public licensee

16-(l) As from the commencement of this Act no person shallApplica-tion and operate a telecommunication or postal services in the United Republicgrant of Il- unless the person is-cence

(a) an eligible person and(b) is licensed as a telecommunication or post services operator

under this Act(2) Notwithstanding the provision of subsection (1) of this section

any person operating telecommunication or postal systems and servicesin the United Republic may apply to the Commission within one yearof the Commencement to this Act to be licensed under Sections 9 1011 12 13 14 and 15 of this Act

(3) Any person not licensed under Sections 9 10 11 12 13 14 and15 of this Act shall cease to operate telecommunication or postal systemsand services in any part of the United Republic of Tanzania

17-(1) Any application for a licence under sections 9 10 11 12Applica-tion for li- 13 14 and 15 of this Act shall be addressed in writing to the Commissioncence tobe in writ-ing

(2) The Commission may in consideration of any application underthis Act require the applicant to produce such evidence or informationto show the capacity to operate telecommunication or postal systemsand services as the Commission may deem necessary to enable it makea decision

(3) The Commission may require that such an application for a licenceshall be accompanied by such a fee as the Commission may from timeto time describe

18-(1) The Commission may subject to subsection (2) of this sectiongrant a licence to an applicant under this Act if it is satisfied from allthe evidence and information supplied to the Commission that the appli-cant is suitable to operate the telecommunication or postal systems andservices

Discretion


(2) The Commission shall upon receipt of an application consider itand within not more than sixty days may in its absolute discretioneither grant a licence or refuse the application

(3) A licence granted under subsection (1) of this section may herenewed on its expiry on application within the prescribed period whichshall be decided by the Commission

(4) No licence shall be transferred except with the prior consent inwriting of the Commission

19-(I) Subject to this Section the Commission may modify the con-ditions of a licence granted under sections 9 10 11 12 13 14 and 15

(2) Before making modifications of the conditions of a radio frequencylicence or a licence of a public telecommunication or postal licenseeunder this section the Commission shall give notice to the licensee-

(a) stating that it proposes to make modifications in the manner asspecified in the notice and the compensation payable for anydamage caused thereby and

(b) specifying the time (not being less than twenty eight days fromthe date of service of the notice on such a licensee) within whichwritten representation in respect to the proposed modificationsmay be made

(3) Upon receipt of any representation referred to in subsection (2)the Commission shall consider such a representation and may

(a) reject the representation or(b) amend the proposed modifications or compensation payable in

accordance with the ramppresentation or otherwise and in eitherevent it shall thereupon issue a direction in writing to such alicensee requiring that effect be given to the proposed modifica-tions specified in the notice or to such modifications as sub-sequently amended by the Commission within reasonable time

(4) Any licensee aggrieved by the decision of the Commission undersubsection (3) may within fourteen days of the receipt by it of thedirection appeal to the High Court on procedural issues or on groundsthat the decision of the Commission was based on extraneous factorsThe decision of the court shall be final

(5) The Commission shall not enforce its direction(a) during the period referred to in subsection (4) or(b) while the appeal of the licensee is under consideration by the

court(6) If no written representation is received by the Commission within

the time specified in subsection (2) or if any written representation madeunder subsection (2) is subsequently withdrawn the Commission mayforthwith carry out the modifications as specified in the notice givenunder subsection (2)

Modifica-tions of li-ditions


20-(1) If the Commission is satisfied thatSuspen-sion or

(a) a person who is granted a licence under sections 9 10 11 1213 14 and 15 or any regulations made under this Act is contra-

cancella-tion of fi-cence vening or has contravened any of the conditions of the licence

or the provisions of this Act or regulations made thereunder or(b) a person who operates a telecommunication system which he is

authorised to operate by licence granted under Sections 9 1011 and 12

(i) has connected to the system any other telecommunicationsystem or equipment which is not authorised by a licenceto be so connected or

(ii) has provided by means of the system any telecommunicationservice which is not authorised by a licence to be so provided

the Commission may by notice in writing and without any compensationdo either or both of the following

(aa) cancel the licence or suspend the licence for such a period asthe Commission thinks fit or

(bb) require the payment of a fine in such amount as the Commissionthinks fit

(2) Any person who is aggrieved by any decision of the Commissionunder this section may within fourteen days after such a person hasbeen given the notice in writing referred to in subsection (1) appeal tothe High Court on procedural issues or on grounds that the decisionof the Commission was based on extraneous factors The decision ofthe court shall be final

PART IVAPPROVAL OF TELECOMMUNICATION EQUIPMENT To BE CONNECTED TO

PUBLIC NETWORK21--(l) Any equipment to be used for connection to any telecom-

munication system or equipment belonging to a public telecommunica-tion licensee shall be approved by the Commission before use

Commis-sion to ap-proveequip-ment (2) A person applying for an approval under this section may be

required by the Commission to comply with such requirement as theCommission may think appropriate and those requirements may includethe requirement to satisfy some other person with respect to any matter

(3) Any approval under this section may apply either to particularequipment or to any equipment of a description specified in the approvaland may so apply either for the purposes of a particular telecommunica-tion system or the purposes of any telecommunication system or a de-scription so specified

(4) An approval under this section may specify conditions which mustbe complied with if the approval is to apply for any purposes specifiedfor the approval to any telecommunication system or equipment whichis so specified or is of a description so specified and any such a conditionmay impose on the person to whom the approval is given a requirementfrom time to time to satisfy some other person with respect to any matter


(5) The Commission or any other person by whom any matter fallsto be determined for the purposes of any requirement imposed in pur-suance of subsection (2) or (4) may charge a fee in respect of the carryingout of any test or other assessment made by the Commission or otherperson

(6) A public telecommunication licensee may with approval of theCommission (except in cases of emergency) cease or refuse to supplythe telecommunication service to any person by means of telecommuni-cation system or telecommunication line operated by the licensee ifthrough the use of such telecommunication service there is or is intendedto be connected to the telecommunication system or telecommunicationline equipment of cabling that is a threat to-

(a) the safety or proper functioning of the telecommunication line or(b) the safety of any person

22-(1) The Commission may with the approval of the Ministermake regulations for any purpose for which regulations are required tobe made under this Act and generally for carrying out the purposes andprovisions of this Act -

(2) Without prejudice to the generality of subsection (1) the Commis-sion may with the approval of the Minister make regulations for orwith respect to all or any of the following matters

(a) the proficiency examinations including the syllabi and the detailsthereof for the certification of competency of individuals operat-ing telecommunication services or for the grant of any licence bythe Commission

(b) the classes and the conditions for the grant of licences by theCommission

(c) the regulation of dealing in and use of telecommunication equip-ment

(d) the regulation of interference by radio-waves or electrical or othermeans to telecommunication in the United Republic

(e) the regulation of installation wiring cabling and other types ofworks to be carried out on the telecommunication systems of apublic telecommunication licensee

(f) the regulation of telecommunications and postal tariffs(3) Until regulations are made by the Minister under this Act all

subsidiary legislation made under the Tanzania Posts and Telecommuni-cations Corporation Act 1977 and in particular but without prejudiceto the generality of the foregoing the subsidiary legislation set out inthe Third Schedule to this Act as from time to time amended and inforce at the date when this Act comes into operation shall apply withnecessary modifications as if that subsidiary legislation were made underthis Act

Act No15 of 1977

Power tomake reg-ulations


PART VMISCELLANEOUS AND GENERAL POWER

Power- to 23-(1) A public telecommunications licensee may for the purposesof provision of any telecommunication service-enter on

and to sur-(a) enter upon any land and survey the land or any portion of it orvey land(b) enter upon any land in order to construct erect place maintain

examine alter or remove any telephone or telegraph line orpole or radio link installation which is the property of the publictelecommunication licensee

(2) Where any damage to land is caused by reason of the exerciseof the powers conferred by this section the owner or occupier of theland shall be entitled to receive compensation for it from the publictelecommunication licensee in accordance with this Act

(3) Nothing in this section shall be deemed to authorise any employeeor agent of a public telecommunication licensee to cut down or clearaway any vegetation or any fence or other erection or to enter anybuilding or upon any enclosure attached to any building

24--(1) A public telecommunication licensee may construct erectplace maintain alter or remove telephone and telegraph lines and polesand radio link installations in or over under along or across any land

Power toerectmaintainetc tele-

building road railway watercourse harbour or branch of the seaphoneProvided that-lines etc

on any(a) the public telecommunication licensee shall not acquire any rightproperty

other than that of user only in the property in on over underalong or across which the lines or poles or radio link installationsare constructed erected or placed

(b) a public telecommunication licensee shall not construct erectplace alter or remove any telephone or telegraph lines or polesor radio link installations in on over under along or accrossany such a property unless it has given reasonable notice of itsintention to exercise the powers to the owner or occupier of theproperty or to the local government authority having the controlof management of the property

(2) In the exercise of its powers under this section the public telecom-munication licensee may-

(a) cut and remove all such trees and underwood as interfere or arelikely to interfere with construction erection placing mainte-nance alteration or removal of any existing or proposed tele-phone or telegraph lines or poles or radio link installations

(b) utilise any tree or building for the construction erection placingor maintenance of any telephone or telegraph line or pole orradio link installation

(c) open or break up any road and-(i) alter the position of any pipe for the supply of the water gas

or compressed air or the position of any drain not being amain drain subject to subsection (3) or


(ii) require the owner of any electric supply line to alter theposition of electric supply line to the satisfaction of the publictelecommunication licensee and if the position of the electricsupply line is so altered from the position which had beenapproved in writing by the public telecommunication licenseethe cost of the alteration shall be borne by the public telecom-munication licensee subject to subsection (4)

(3) In any case where the public telecommunication licensee exercisesits powers under this paragraph it shall make arrangements to ensurethat there shall not be any undue interference with supply of water gasor compressed air or with maintenance of drainage or with continuanceof telephonic or telegraphic telecommunication

(4) Where an under taker (as defined for the purposes of Section 27)does not agree to alter the position of an electric supply line whichprior to the commencement of this Act has been laid in a position whichhas not been approved in writing the public telecommunication licenseemay refer the matter to the Minister responsible for the lands and there-upon the provisions of subsection (5) and (6) of section 27 shall apply

(5) Where the public telecommunication licensee exercises anypower under this section in relation to any property under the controlor management of a local government authority the authority may au-thorise the representative to execute the work to the satisfaction-of therepresentative and any reasonable expense to which the local govern-ment authority is put arising out of the exercise of the power and outof any supervision shall be borne by the public telecommunication licen-see

(6) Where the public telecommunication licensee in exercise of anypower under this section constructs erects or places any telephone ortelegraph line or pole or radio link installation in on over under alongor across any--

(a) watercourse harbour or branch of the sea it shall be constructederected or placed as not to hinder or obstruct navigation

(b) road or railway it shall be so constructed erected or placed asnot to hinder obstruct or interfere with the passage along theroad or railway

(7) Where any damage is caused to the property by reason of theexercise of the powers conferred by this section the owner or occupierof the property shall be entitled to receive compensation for it from thepublic telecommunication licensee in accordance with this Act

25-(l) Where any telephone or telegraph line or pole or radio linkinstallation has under the provisions of this Act been constructed erectedor placed in on over under along or across any property under the phonecontrol or management of a local government authority and that author-ity considers it expedient having regard to circumstances which have aarisen since the line or pole or radio link installation was so constructederected or placed that the line or pole or radio link installation shouldbe removed or that its position should be altered the authority mayrequire the public telecommunication licensee to remove it or to jilterits position as the case may be and-

Removalof telephonelines etcerected onany prop-enty


(a) if the authority had agreed in writing to the position of the lineor pole or radio link installation then the public telecommunica-tion licensee shall comply with the requirement and the cost ofthe removal or alteration shall be borne by the local authority

(b) if the authority had not agreed in writing to the position of theline or pole or radio link installation then-

(i) if the Public telecommunication licensee agrees to the re-moval or alteration as the case may be the public telecom-munication licensee shall comply with the requirement andthe cost of the removal or alteration shall be borne by thepublic telecommunication licensee

(ii) if the public telecommunication licensee does not agree tothe removal or alteration as the case may be the mattershall be referred to the Minister responsible for lands andthe decision of the Minister as to the removal or alterationand as to the payment or apportionment of the cost shallbe final

(2) Where any telephone or telegraph line or pole or radio link instal-lation has under the provisions of this Act been constructed erected orplaced on over under along or across any property other than prop-erty under the control or management of a local authority and anyperson entitled to do so desires-

(a) to erect on the property a building which would interfere withthe telephone or telegraph line or pole or radio link installationeither temporarily or permanently he may require the publictelecommunication licensee to remove it or to alter its positionas the case may be and the public telecommunication licenseeshall comply with the requirement and the cost of the removalor alteration shall be borne by the public telecommunicationlicensee subject to subsection (3)

(b) to deal with the property in a manner other than by the erectionof a building which renders it desirable that the line or pole orradio link installation should either temporarily or permanentlybe removed or that its position should be altered he may requirethe public telecommunication licensee so to remove it or to alterits position as the case may be and the public telecommunicationlicensee may either-

(i) comply with the requirement and agree that the cost of theremoval or alteration shall be borne by the public telecom-munication licensee

(ii) comply with the requirement subject to the cost or anypart of it of the removal or alteration being borne by theperson and the deposit with the public telecommunicationlicensee of such sum in contribution to the cost as the publictelecommunication licensee may require or


(iii) refuse to comply with the requirement in which event theperson may apply to a Resident Magistrate within whosejurisdiction the property is situate for an order as to theremoval or alteration and the payment of the cost and thatorder shall be final

(3) If the telephone or telegraph line or pole or radio link installationhas been placed in its position in order to make the requisition thenthe cost of the removal or alteration to provide telephone or telegraphservices solely for the person shall be borne by that person

26-(1) Any authorised employee of the public telecommunicationlicensee may for the purpose of preventing the occurrence of any acci-dent restoring the proper operation of any telephone or telegraph ser-vices provided by the public telecommunication licensee or repairingany damage caused by any accident enter upon any land and-

(a) cut down or remove any tree underwood or other obstructionnot being a building which endangers or interferes with or is-likely to endanger or interfere with the telephone or telegraphlines or poles or radio link installation

(b) execute such other works as may be necessary to prevent theoccurrence of any accident or to restore the proper operation oftelephone or telegraph services or to repair any damage causedas a result of any accident

(2) Where any damage is caused to property by reason of the exerciseof the powers conferred by subsection (1) the owner or occupier of theproperty shall subject to subsection (3) be entitled to receive compensa-tion for it from the public telecommunication licensee in accordancewith this Act

3 If any tree underwood or other obstruction cut down or removedunder subsection (1) (a) came into existence subsequent to the telephoneor telegraph lines or poles or radio link installations being provided atthe place then no compensation shall be payable in respect of the entryand the cutting down or removal of the tree underwood or other obstruc-tion

27-(1) Subject to subsection (7) any person who establishes oroperates whether or not under any enactment any undertaking for thesupply of light heat or power by means of electricity (in this sectionreferred to as the undertaker) or any person who constructs equipsor operates a railway by means of electricity (in this section referred toas the railway operator) shall at least one month before erectingplacing or altering the position of any line or wire for the transmissionof the electricity forward to the public telecommunication licensee anotice in writing of his intention to execute the work together with aplan of the proposed work and the undertaker or the railway operatorshall also give to the public telecommunication licensee all such otherinformation as he may require in order to determine whether the workis likely to interfere unduly with any telephone or telegraph servicesprovided by the public telecommunication licensee

Power toenter andto preventaccidentsetc

Power inrelations toelectricityundertak-ers etc


(2) Where an undertaker has given notice in writing in accordancewith subsection (1) the public telecommunication licensee shall withinone month of the-receipt of the notice inform the undertaker in writingthat the proposed work has either been approved or that in accordancewith subsection (3) certain requirements are considered necessary tobe effected or that the matter referred to in the notice is receivingattention and in the event of no notification in writing being so giventhe position of any electric supply line specified in that notice given inaccordance with subsection (1) shall for the purposes of this Act bedeemed to have been approved in writing

(3) If the public telecommunication licensee considers that the workis likely to interfere unduly with any telephone or telegraph servicesprovided by the public telecommunication licensee he may inform theundertaker or the railway operator of any requirements he may considernecessary to be effected by the undertaker or the railway operator inorder to remove or lessen the anticipated interference and in so doingthe public telecommunication licensee shall have regard not only to theinterests of the telephone or telegraph services but also to the interestsof persons supplied or who may be supplied with electricity by theundertaker and of all persons using the facilities provided by the railwayoperator

(4) If the undertaker or the railway operator does not agree to effectthe requirements or any altered requirements consequent upon anydiscussion between the public telecommunication licensee and the under-taker or the railway operator the public telecommunication licenseemay refer the matter to the Minister responsible for lands and wherethe public telecommunication licensee so refers the matter the under-taker or the railway operator shall not save in so far as may be agreedto by the public telecommunication licensee proceed with the executionof the work until the Minister has given his decision under this section

(5) Where any matter has been referred to the Minister responsiblefor lands under this section he may appoint any person or committeeto investigate the matter and to make a report on it to him and thepublic telecommunication licensee and the undertaker or the railwayoperator shall be entitled to be heard before the person or committee

(6) After considering the report of the person or committee theMinister responsible for lands may give such decisions as he may thinkfit and the decision may specify what requirements if any the under-taker or the railway operator shall comply forthwith executing the workand that decision shall be final

(7) A public telecommunication licensee may by notice in the Gazettespecify general requirements to be observed by any undertaker or railwayoperator when erecting placing or altering the position of any electricsupply line and in the notice the public telecommunication licensee mayprovide that it shall not be necessary-

(a) for any undertaker or railway operator effecting any specifiedclass of work


(b) for any specified class of undertaker or railway operator to giveto the public telecommunication licensee the notice referred toin subsection (1) if in effecting any work the undertaker orrailway operator proposes to comply and does comply with thegeneral requirements

(8) A public telecommunication licensee shall at least one monthbefore constructing erecting placing or altering the position of anytrunk telephone or telegraph line give notice of the proposed work inwriting to any undertaker lawfully operating in the area in which thework is to be executed

(9) The provisions of this section shall be in addition to and shall notderogate from the provisions of any law

28-(1) Where any person erects any building or structure which islikely to cause interference with the telecommunications services thepublic telecommunication licensee may unless the person has previouslyobtained the approval in writing of the public telecommunication licenseeto the erection of the building or structure or has modified it to thesatisfaction of the public telecommunication licensee require the personto pay to the public telecommunication licensee the amount of anyexpenditure necessarily incurred by the public telecommunication licen-see in the removal of any telecommunications installation apparatusor equipment or in order to prevent interference

(2) An amount referred to in subsection (1) shall be a debt due tothe public telecommunication licensee and may be used for and recoveredin a court of competent jurisdiction

(3) For the purposes of this section a building or structure shall bedeemed lo be likely to interfere with telecommunications services if itexceeds 36 metres in height measured from ground level


29-(1) A public postal licensee may subject to such directions asthe Commission may give cause postage stamps to be provided Of Suchkinds and denoting such values as the licensee may determine for diepurposes of this Act

(2) Any postage stamp provided under this section shall be used forthe prepayment of any postage or other sum chargeable under this Actin respect of any postal article except where the public postal licenseedetermines that prepayment may be made in some other manner

(3) All philatelic archival materials produced by a public postal licen-see shall belong to the government and shall be kept in such custody asthe Commission directs

(4) For the purpose of subsection (3) philatelic archival materials include-

(a) philatelic stamps(b) artwork proofs progressive sheets printed sheets and printing

plates of philatelic stamps and

Structureslikely tointerferewith tele-communi-cationsservices

Provisionof postagestampsand powerto makerules as tothem


(c) date-stamps slogan dies and other artifacts used in connectionwith the production of philatelic stamps

30-(l) Postage stamps provided under section 29 shall be used forthe prepayment of postage or other fees or sums chargeable under thisAct in respect of postal articles except where the Commission directs

Postagestamps tobe used orprepay-

that prepayment shall be made in some other wayment(2) The Commission may make rules for the use of postage stamps

as prepayment of fees or other sums chargeable under any written lawby any government agency for services rendered and for the recoveryof the revenue thereof from the licensee

31-(1) The Commission may make--rules as to the exemption ofcertain classes of persons from postal charges on letter-post items and

Exemp-tion from

from commissions fees or other charges payable for services renderedpostalcharges (2) In particular and without prejudice to the generality of the forego-

ing power such rules may exempt letter-post items for charitable pur-poses from postal charges

32-G) The Commission may make rules as to the transmission byPower tomake post of postal articlesrules as to (2) In particular and without prejudice to the generality of the forego-transmis-sion by ing power such rules may-post of (a) provide for the performance of supplementary services in respectpostal ar-

of transmission by post of postal articlesticles(b) prescribe the special charges or fees to be charged for the

supplementary services provided(c) prohibit the transmission by post of postal articles not specified

in section 33 or 34 or lay down special conditions on which articlesnot specified in section 33 or 34 may be transmitted by post

(d) provide for the payment of compensation for the loss or damagein course of transmission by post of postal articles and the con-ditions under which such compensation may be paid and the limitof the amount of such compensation

(3) For the purposes of this section supplementary services includethe registration insurance and storage of postal articles Poste Restanteand any other form of supplementary service

Transmis- 33 -(1) No person shall send by post any article or thing which islikely to injure any person or any postal article in the course of transmis-sion by

post of sion by postanything(2) Except as otherwise provided by rules made under this Act andinjurious

etc pro- subject to such conditions as may be prescribed no person shall sendhibited by post any explosive inflammable dangerous filthy noxious or de-

leterious substance any sharp instrument not properly protected or anyliving creature which is either noxious or likely to injure any person orany postal article in course of transmission by post

(3) Except under such rules as the Commission may make in thisbehalf no person shall send by post opium morphine cocaine or anynarcotic


(4) Nothing in this Section shall affect the provisions of any writtenlaw relating to deleterious drugs

34 No person shall -send by post-(1) Any indecent or obscene printing painting photograph lithog-

raph engraving book or card or any other indecent or obscene article(2) Any postal article having thereon or on the cover thereof any

words marks or designs of an indecent obscene seditious scurrilousthreatening or grossly offensive character

(3) Any postal article bearing any fictitious stamp or purporting tobe prepaid with any postage stamp which has previously been used toprepay any other postal article or which has been previously used inpayment of any stamp duty

(4) Any other article which the Commission may by rule prohibit35-(l) The Commission may make such rules as the Commission

shall think fit for preventing the sending and delivery of articles prohi-bited by section 33 or 34 and for detaining disposing of or destroyingany such postal article sent or tendered for transmission by post

36-(1) Where any postal article sent by post is reasonably suspected by thelicensee to be sent in contravention of this Act or of any rules madethereunder or of any other written law the licensee shall im- mediatelyinform and hand over such postal article to the Commission or anyauthorised officer

(2) On receiving the aforesaid information an authorised officer shalldetain such postal article for opening and examination37-(l) Subject to the provisions of this Act if any postal articleopened or examined under this Act is found to be in contravention ofto have been posted in contravention of this Act or of any rules madethereunder or of any other written law the Commission or authorisedofficer may direct that the postal article be returned to the sender orforwarded to its destination in each case charged with such additionalpostage (if any) as the Commission prescribes unless otherwise dealtwith under subsection (2) (3) (4) or (5) of this Section

(2) Any postal article sent by post in contravention of section 33 mayunder the direction of the Commission or authorised officer be forfeitedand destroyed

(3) Any postal article sent by post in contravention of section 34 (1)(2) (3) or (4) may under the direction of the Commission or authorisedofficer be destroyed or returned to the sender

(4) Any postal article sent by post in contravention of section 34 (3)shall be dealt with as the Commission may direct(5) Notwithstanding any provisions in any written law to the contraryif any postal article opened under this Act is found to be in contraventionof the Customs Tariff Act 1976 it shall be handed over to the CustomsDepartment to be dealt with in accordance with that Act

Transmit-tion byanythingindecentetc prohibited

Commis-tion tomake rulesdealing withprohibited arti-cles

Obliga-tion oflicenses toinform thecommission

Disposalof postalarticlesdetained under hisAct

Act No12of 1976


(6) Every postal article opened under this Act and found to containany valuable or saleable enclosure shall together with its contents besafely kept pending its disposition under this Section and a list of anysuch postal articles together with a memorandum of the contents thereofshall be made and preserved

(7) The detention destruction or disposal under this Act of a postalarticle or its enclosure shall not relieve any person from liability for anyoffence under this Act or any other written law

38 Section 33 349 35 36 and 37 shall apply to any article or thingsent from outside the United Republic in like manner as to any articleor thing sent from within the United Republic

Extensionof sections33343536 and 37

39-(1) The Commission may make rules as to the disposal of postalarticles which for any reason cannot be delivered Such articles are inthis Part referred to as undelivered postal articles

Power tomakerules as todisposal

(2) Rules made under subsection 1 may-of undeli-vered (a) prescribe the period during which undelivered postal articles atpostal ar-

a post office shall remain in that officeticles(b) provide for the publication of lists of undelivered postal articles

or of any class of undelivered postal articles(c) provide for the manner in which undelivered postal articles shall

be finally dealt with or disposed of40-(l) The Commission may allow the licensee to carry out postal

financial services on its own account or on behalf of government andnon-government agencies and may make rules as to such services

Power toprovidefor postalfinancial

(2) In particular and without prejudice to the generality of the forego-ing power such rules may prescribe for the scope and extent of such

servicesand tomake financial servicesrules

(3) For the purposes of this section postal financial services shallinclude money orders postal orders postal drafts postal cheques postal

thereon

travelers cheques giro cash-on-delivery collection of bills savingsservice subscription to newspapers and periodicals and any other formof financial service

41-(1) The President may on occurrence of any event which givesrise to an emergency or in the interest of national or public securityauthorise the Commission to-

Specialpowers inernergency or in the

(a) suspend the licence of any licensee and take temporary possessionnationalof any post office or telecommunication facility under the controlor public

interest of any such licensee(b) withdraw either totally or partially the use of any postal service

or telecommunication facility from any person or class of personsor from the public at large or

(c) order that any postal article or class of postal articles or any letteror class of letters to or from any person or class of persons orrelating to any specific subject shall not be conveyed or shall beintercepted or detained and delivered to any officer mentioned


in the order to be opened examined or dealt with in such manneras the President may direct or that any such postal article orpostal Articles or letter or letters or the contents thereof shall bedisclosed to an officer mentioned in the order

(2) The President may also authorise any other officer employed bythe government to carry out the powers conferred under subsection (1)(C) -

(3) The licensee shall give all necessary assistance whenever requiredto do so by an officer carrying out any of the powers conferred underthis section


42 The funds and resources of the Commission shall consist of suchsums as may be-

(a) provided for the purposes of the Commission by Parliament(b) payable to the Commission in the performance of its functions(c) payable to the Commission by way of grants donations bequests

or other contributions43-(l) The Commission shall prior to the commencement of eachfinancial year prepare and submit for the Ministers approval a budgetin such form and containing such matters as the Minister may requireof its income and expenditure for such financial year

(2) The Commission shall not incur any expenditure exceeding thatprovided for in the estimates except with the specific approval in writingof the Minister

44-(1) The Commission shall cause to be provided and kept properbooks of account of the payments made into and out of the Fund

(2) The accounts of the Commission shall be audited annually by theTanzania Audit Corporation established by the Tanzania Audit Corpo-ration Act 1968 or such other independent auditor as may be appointedby the Commission and the audited accounts of the Commission shallbe published together with the Annual Report of the Commission

(3) The Minister shall cause to be laid before the National Assemblywithin six months after the close of the financial year of the commissionan Annual Report covering the activities of the Commission for the yeartogether with-

(a) a statement of the Commissions income and expenditure duringthe financial year

(b) a statement of the assets and liabilities of the Commission onthe last day of such financial year

(c) a statement of the auditors report

Funds andresourcesof theCommis-sion

Budget of Commis- sion

Accountsand audit


PART VIIIOFFENCES AND PENALTIES IN RELATION TO POSTAL SERVICES

45 Any person who-(a) conveys otherwise than in accordance with the terms of a valid

licence and letter or postal article as detailed under section 13(1) of this Act

(b) performs any service incidental to conveying otherwise than inaccordance with the terms of a valid licence any letter or postalarticle as aforesaid

(c) sends or tenders or delivers in order to be sent otherwise thanin accordance with the terms of a valid licence any letter orpostal article as aforesaid

(d) makes a collection of letters or postal articles as aforesaid forthe purpose of sending them otherwise than in accordance withthe terms of a valid licence

commits an offence and shall on conviction be liable in the case of afirst offence to a fine not exceeding one hundred thousand shillings andin the case of a subsequent offence to a fine not exceeding one hundredand fifty thousand shillings

46 Any person who in contravention of Section 33 or 34 sends ortenders or makes over in order to be sent by post any postal article orother thing commits an offence and shall on conviction be liable to afine not exceeding fifty thousand shillings or to imprisonment for a termnot exceeding one year or to both such fine and imprisonment

Penalty forcontraventionof section 33and 34

47 Any person who places in or against any letter box provided bythe licensee for the reception of postal articles any fire match or lightor any explosive dangerous filthy noxious or deleterious substanceor any fluid or commits a nuisance in or against any such letter boxor does anything likely to injure any such letter box or its appurtenancesor contents commits an offence and shall on conviction be liable to afine not exceeding thirty thousand shillings or to imprisonment for aterm not exceeding one year or to both such fine and imprisonment

48 Any person who without due authority affixes any placard advier-tisement notice list document board or other thing in or on or paintstars or in any way disfigures any post office commits an offence andshall on conviction be liable to a fine not exceeding twenty thousandshillings

Penaltyforcontraventionof sections14 and 15

Penaltyfor defilingor ining orinjuringletter boxes

Penaltyfor affixingwithoutauthorityanythingto or disfiguringa post office


49 Any person who except under the authority of this Act or inobedience to the order in writing of the Minister or the Commissionsofficer or the direction of a competent Court detains the mails or anypostal article in the course of transmission by post or on any pretenceopens a mail bag in course of transmission by post commits of an offenceand shall on conviction be liable to a fine not exceeding twenty thousandshillings

50 Any person who fraudulently retains or unlawfully secretes ormakes away with or keeps or detains or when required by an authorisedofficer neglects or refuses to deliver up any postal article in the courseof transmission by post which ought to have been delivered to any otherperson or a mail bag containing a postal article commits an offenceand shall on conviction be liable to imprisonment for a term not exceed-ing two-years or to a fine not exceeding one hundred thousand shillingsor to both such fine and imprisonment

51 Any person who wilfully and maliciously with intent to injureany other person either opens or causes to be opened any letter whichought to have been delivered or does any act whereby the due deliveryof a letter to any person is prevented or impeded commits an offenceand shall on conviction be liable to imprisonment for a term not exceed-ing six months or to a fine not exceeding thirty thousand shillings or toboth such fine and imprisonment

52 Any person who reveals discloses or in any way makes knownthe contents of any postal article opened under the authority of thisAct except so far as may be necessary for the purpose of returning thesame or so far as may be authorised by the commission in writingcommits an offence and shall on conviction be liable to imprisonmentfor a term not exceeding one year or to a fine not exceeding fiftythousand shillings or to both such fine and imprisonment

53-(l) Any person who--(a) makes or knowingly utters deals in hawks distributes or sells ing

any fictitious stamp or knowingly uses for postal purposes anyfictitious stamp

(b) has in his possession without lawful excuse any fictitious stamp(c) makes or without lawful excuse has in his possession any die

plate instrument or materials for making any fictitious stamp or(d) makes issues or sends by post any stamped or embossed en-

velope wrapper card form or paper in imitation of one issuedunder the authority of the licensee

commits an offence and shall on conviction be liable to a fine notexceeding one hundred thousand shillings or to imprisonment for a termnot exceeding two years or to both such fine and imprisonment

(2) Any stamp die plate instrument or materials found in the pos-session of any person in contravention of this Act may be seized andshall be forfeited

53-(l) Any person who--Penaltyfor makingfictitiousstamps

Penaltyfor unlaw-fully dis-closingcontentsof postalarticle

Penaltyfor unlaw-fully di-vertingletters

Penalty for willfullyretainingpostalarticles ormail bags

Penaltyfor unlaw-fully de-tainingmail oropeningmail bags


(3) Forfeiture under this section may be declared by a MagistratesCourt and all things forfeited shall be dealt with as the Court directsand the proceeds (if any) thereof paid into the Consolidated Fund

(4) Nothing in this section shall be held to exempt any person fromany punishment to which he may be liable under any other law

54 Any person who without authority from the Commission placesor maintains in or on any house wall door window box pillar orother place belonging to him or under his control any of the following

Prohibit-tion offalsenotices as

words letters or marks-to recep-postal officetion of let- (a) The words post office orters

(b) The words letter box accompanied with words letters ormarks which signify or imply or may reasonably lead the publicto believe that it is a post office letter box

(c) Any words letters or marks which signify or imply or may reason-ably lead the public to believe that any house or place is a postoffice or that any box is a post office letter box commits anoffence and shall on conviction be liable to a fine not exceedingthirty thousand shillings on first conviction and on a subsequentconviction to a fine not exceeding three thousand shillings forevery day during which the offence so continues

55 Any officer employee or agent of a public postal licensee who-Offensesby (a) destroys or throws away any postal articles in the course of trans-officers

mission by post or anything contained thereinemployeeor agent (b) steals or otherwise dishonestly misappropriates or secretes anyof a public postal article in the course or transmission by post or anything

contained thereinpostallicensees

(c) except in obedience to an order under the hand of the Ministeror the direction of a court wilfully opens or causes to be openedcontrary to his duty any mail bag or postal article in the courseof transmission by Post or wilfully detains or delays or causes tobe detained or delayed the mail bag or postal articles

(d) issues or causes to be issued a document specified for use inconnection with the remittance of money with fraudulent intent

(e) fraudulently puts any wrong official mark on a postal article(f) fraudulently alters removes or causes to disappear any official

mark on a postal article(g) being entrusted with the delivery of any postal article knowingly

demands or receives any sum of money which is not chargeableunder this Act

(h) sends by post or puts into any mail bag any postal article uponwhich postage has not been paid or charged intending therebyto defraud the public postal licensee of the postage on the postalarticle


(i) being entrusted with the preparation or custody of any documentrelating to the public postal licensee fraudulently prepares thedocument incorrectly or alters or secretes or destroys the docu-ment or

(j) being employed to Carry or deliver any mail bag or postal articlein the course of transmission by post does any act with intent toinduce the belief that he has visited a place or delivered a postalarticle or mail bag which he has not visited or delivered

commits an offence and shall be liable on conviction for-(i) an offence under paragraph (a) (b) (c) or (d) to a fine not

exceeding three hundred thousand shillings or to imprisonmentfor a term not exceeding 3 years or to both such fine and impris-onment and

(ii) an offence under paragraph (c) (f) (g) (h) (i) or (j) to a finenot exceeding one hundred thousand shillings or to imprisonmentfor a term not exceeding one year or to both such fine andimprisonment

56 Any licensee who without lawful excuse fails to comply with anyterm or condition expressed in the license commits an offence and shall foron conviction be liable to a fine not exceeding fifty thousand shillingsfor every such breach57 Where an offence under this Act has been committed by a bodycorporate any person who at the time of the commission of the offencewas a director manager secretary or other similar officer of the bodycorporate or was purporting to act in such capacity shall as well as suchbody corporate be deemed to have committed that offence unless heproves that the offence was committed without his consent or connivanceand that he exercised all due diligence to prevent the commission of theoffence as he ought to have exercised having regard to the nature ofhis functions in that capacity and to all the circumstances58 Any person who contravenes any provision of this Act or anyrules made thereunder commits an offence and if no penalty is expresslyprovided shall on conviction be liable to a fine not exceeding onehundred thousand shillings

59 Any person who abets the commission of any offence punishableunder this Act or attempts to commit any offence so punishable shallon conviction be liable to the penalty provided for that offence

60 Notwithstanding the provisions of any written law to the contrarythe Court of Resident Magistrate may try any offence under this Actor any rules made under it and may impose the full penalty for suchoffence

Residentmagistratescourt tohave fulljurisdic-

Penalty for abettingor attempting to commit offences

generalpenalty

Penaltyfor breacllicence

Offices bybody coo-porate


61 Where any person admits that he has committed an offence againstthis Act or any rules made under it the punishment of which is a finenot exceeding fifty thousand shillings the Director General may com-pound such offence by collecting from that person such sum of moneyas may to the Director General seem fit not exceeding fifty per centurnof the maximum amount of fine to which that person would have beenliable on conviction and no person having made such payment shall bethereafter prosecuted in relation to the offence so compounded

Power ofDirectorGeneralto com-poundcertain offenses

PART IXOFFENSES AND PENALTIES IN RELATION OF

TELECOMMUNICATION SERVICES

62-(1) Subject to this section and sections 11 and 12 any personwho establishes installs maintains provides or operates a telecommuni-cation system or service within the United Republic without a licencegranted under sections 11 and 12 or otherwise infringes the powersconferred upon the Commission by section 9 commits an offence

Unlawfuloperationof tele-communi-cation sys-tem

(2) A person who commits an offence under this section shall beliable on conviction to a fine not exceeding three hundred thousandshillings or to imprisonment for a term not exceeding 3 years or to bothsuch fine and imprisonment and in the case of continuing offence toa further fine not exceeding ten thousand shillings for every day or partthereof during which the offence continues after conviction

(~) In the case of an offence in relation to a telecommunication systemor service not extending beyond the United Republic every personoperating the system or service (or if different people run differentparts of it each of them) commits an offence and in the case of anoffence in relation to a telecommunication system or service extendingbeyond the United Republic the person or every person operating thatportion of such system or service within the United Republic (or ifdifferent people operate different parts of the system or service eachof them) commits an offence and shall be similarly liable

(4) Where the commission by any person of an offence under thissection is due to the act or default of some other person that otherperson commits an offence and a person may be charged with andconvicted of the offence by virtue of this subsection whether or notproceedings are taken against the first-mentioned person

(5) In any proceedings for an offence under this section it shallsubject to subsection (6) be a defence for the person charged to provethat he- took all reasonable steps and exercised all due diligence to avoidcommitting the offence

(6) Where the defence provided by subsection (5) involves an allega-tion that the commission of the offence was due to the act or default ofanother person the person charged shall not without leave of the courtbe entitled to rely on that defence unless within a period ending seven


(7) clear days before the hearing he has served on the prosecutor anotice in writing giving such information identifying Or assisting in theidentification of that other person as was then in his possession

63-(l) No person shall-(a) offer for sale sell or possess for sale any telecommunication

equipment or(b) possess any radiocommunication equipment

except and in accordance with a licence granted under section 9 or anyregulations made under this Act

(2) Any person who contravenes or fails to comply with subsection(1) commits an offence

64-(1) Any person who establishes installs maintains provides oroperates a radiocommunication system or service or any radiocommuni-

cation equipment in any place or on board any vessel aircraft or in anyvehicle in the United Republic without a licence granted under section9 or any regulations made under this Act commits an offence

(2) Any person who is in possession -of any radio-communicationequipment shall be deemed until the contrary is proved to have oper-ated the same

(3) The occupier of any dwelling house or premises in which is installedany radiocommunication equipment in respect of which a licence is notin force commits an offence

(4) It shall be a defence in any proceedings for an offence undersubsection (3) that the occupier was not aware and could not with reaso-nable diligence have become aware of the existence in the dwellinghouse or premises of the radiocommunication equipment

65 Subject to such conditions as the Commission may impose sec-tions 62 63 and 64 shall not apply to any person who has been issuedwith a licence for the installation or working of any telecommunicationequipment under the provisions of any written law in force in any countrywhich is a party to a treaty or any other arrangement to which the UnitedRepublic is a party pursuant to which licences issued under the writtenlaws in force in each country for the installation or working of anytelecommunication equipment are recognised as having force in theother country

66-(l) Any police officer not below the rank of an assistant superin-tendent of police or any employee authorised by the Commission mayif he has reasonable grounds for believing that a telecommunicationsystem or service has been established installed maintained operatedor provided in contravention of this Act or any regulations made there-under or in breach of any licence issued by the Commission or that anytelecommunication equipment used is of a type that is not approved bythe Commission under section 21-

Power ofsearchand sei-zure

Exemp-tion fromsections6263 and 64

penaltyfor un-licensedradio sta-tion

Prohibi-tions in re-spect ofradiocommuni-cation andtele-communica-tionequipment


(a) in the case of any telecommunication equipment or any telecom-munication system or service other than any radiocommunicationsystem or service enter and Inspect any place in which the tele-communication equipment Is used or the telecommunication sys-tem or service is established installed maintained operated orprovided and may seize any telecommunication system or eqitip-ment found therein which appears to be used for or in connectionwith telecommunication and

(b) in the case of any radiocommunication system or service enterany place in the United Republic or stop or board any vesselaircraft or vehicle and inspect any place therein and may seizeany radiocommunication system or equipment found thereinwhich appears to be used for or in connection with radiocommuni-cations

(2) Where any police officer not below the rank of assistant superin-tendent or any employee authorised by the Commission has reasonablegrounds for believing that an offence has been or is being committedunder Section 62 63 and 64 he may seize any telecommunicationsystem or equipment or any radiocommunication system or equipmentused in the commission of the offence

(3) If there is no prosecution with regard to any equipment or systemseized under this section the equipment or system shall be taken anddeemed to be forfeited to the Commission unless a claim is made withintwo months from the date of seizureI

(4) Any person as setting that he is the owner of the equipment orsystem may personally or by his authorised agent give written notice tothe Commission that he claims the same

(5) On receipt of the notice the Commission may direct that theequipment or system be released or may refer the matter to a ResidentMagistrates Court or a District Court

(6) The Resident Magistrates Court or the District Court may pro-coed to the examination of the matter and upon examination shall orderthat the equipment or system be forfeited or released

67 Any person who knowing or having reason to believe that a tele-communication system or service has been established installed main-

Using unlawfultelecorn-mucation tained operated or provided in contravention of this Act whether orsystem or not such system or service is connected to or provided through a publicservice telecommunication licensees installation or plant uses the system or

service for communication or for performing any service incidentalthereto or delivers any message for transmission by the system or serviceor accepts delivery of any message sent shall be guilty of an offence

68--(1) Any person who-Obstruction of

(a) while on any premises used for the purposes of the business ofpublica public telecommunication licensee or a public postal licenseeintentionally obstructs the course of business of the licensee con-cerned or

telecom-munica-tion orpostallicensees

I


(b) assaults or intentionally obstructs or incites anyone to obstructor impedes an officer or employee of a public telecommunicationlicensee or a public postal licensee in the performance of hisduties commits an offence

69 Any person who Intending-(1) to prevent or obstruct the transmission or delivery of any message

(2) to commit mischiefdamages removes tampers with or touches any installation or plant orany part thereof used for telecommunications services belonging to apublic telecommunication licensee or interferes with the radiocommuni-cation service or system of a public telecommunication licensee commitsan offence and shall be liable on conviction to a fine not exceeding threehundred thousand shillings or to imprisonment for a term not exceedingthree years or to both such fine and imprisonment

70-(1) Any officer employee or agent of a public telecommunica-tion licensee who-

(a) Willfully secretes makes away with or alters any message or recordof any message or

(b) except in obedience to an order under the hand of the Ministeror the direction of a court wilfully omits to transmit or interceptsor acquaints himself with or detains any message or part thereofor deliberately causes a call or connection to be disconnected ornot to be connected commits an offence and shall be liable on conviction to a fine not exceeding three hundred thousand shil-lings or to imprisonment for a term not exceeding 3 years or toboth such fine and imprisonment

(2) Subsection (1) (b) shall not apply-(a) to any act or thing done by an officer employee or agent of a

public telecommunication licensee for or in connection with theinstallation of a telecommunication line equipment or the oper-ation or maintenance of a telecommunication system or

(b) to the tracing of the origin of any telephone call at the requestof the subscriber of a telecommunication service

71 Any person who dishonestly uses or permits another person touse any telecommunication service provided by a public telecommunica-tion licensee with intent to avoid payment of any charge applicable tothe provision of that service commits an offence and is liable on convic-tion to a fine not exceeding three hundred thousand shillings or toimprisonment for a term not exceeding three (3) years or to both suchfine and imprisonment

72 Any person who transmits or causes to be transmitted a messagewhich he knows to be false or fabricated commits an offence and shallon conviction be liable-

Inter-tionaldamage toinstalla-tion orplant used for tele-communi-cations

Offensesby officeremployeeor agentof publictelecom-municationlicensees

Fraudu-lent use oftelecom-municationsystem

Sendingfalse mes-sage


(a) in the case where the false or fabricated message contains anyreference to the presence in any place or location of a bomb orother thing liable to explode or ignite to a fine not exceedingfive hundred thousand shillings or to imprisonment for a termnot exceeding seven (7) years or to both such fine and imprison-ment

(b) in any other case to a fine not exceeding three hundred thousandshillings or to imprisonment for a term not exceeding three yearsor to both such fine and imprisonment

73 Any person who fraudulently retains or wilfully secretes makesaway with or detains a message or record of a message which ought tohave been delivered to some other person or being required by a publictelecommunication licensee to deliver up any such message or recordthereof neglects or refuses to do so commits an offence and shall beliable on conviction to a fine not exceeding three hundred thousandshillings or to imprisonment for a term not exceeding three years or toboth such fine and imprisonment

Fraudu-lent reten-tion ofmessages

74-(1) No person shall without the written approval of a publicProtec-telecommunication licensee or a public postal licensee as the case maytion of in-

be-stallationor plant

(a) lay or carry any mains pipes conduits circuits or wires in alongused bythrough across over or under any street or place in a mannerwhich is likely to interfere with or cause damage to any installationor plant used for telecommunications or for postal services

publictelecom-munica-

ortion(b) perform any work of laying installing construction or maintain-postal

licensee ing any telecommunication line or equipment used or intendedfor use with any equipment or telecommunication system or forpostal services

(c) affix any placard advertisement notice or other thing in or onpaint tar or in any way disfigure any installation or plant usedfor telecommunications or for postal services

(2) Subject to subsection (3) any approval under subsection (1) maybe granted or withheld by the licensee concerned or may be grantedupon such terms and conditions as the licensee concerned thinks fit toimpose

(3) Any dispute relating to the withholding of any approval undersubsection (1) or the terms and conditions attached to the granting orsuch approval shall be referred to the Commission whose decision shallbe final

(4) Where the commission by any person of an offence under subsec-tion (1) is due to the act or default of some other person that otherperson shall be guilty of the offence and a person may be charged withand convicted of the offence by virtue of this subsection wether or notproceedings are taken against the first-mentioned person


(5) In proceedings for an offence under subsection (1) it shallsubject to subsection (6) be a defence for the person charged to provethat he took all reasonable steps and exercised all due diligence to avoidcommitting the offence

(6) Where the defence provided by subsection (5) involves an allegation that the commission of the offence was due to the act or default ofanother person the person charged shall not without leave of the courtbe entitled to rely on that defence unless within a period ending 7 cleardays before the hearing he has served on the prosecutor a noticewriting giving such information identifying or assisting in the identifica-tion of that other person as was then in his possession

(7) Any person who contravenes or fails to comply with subsection(1) commits an offence and shall in addition to the forfeiture of anyequipment seized be liable on conviction to a fine not exceeding onehundred thousand shillings and in the case of a continuing offence toa further fine not exceeding five thousand shillings for every day or partthereof during which the offence continues after conviction75 Any person who without the permission of a public telecommunication licensee places or maintains in or on any house or place belongingto him or- under his control any word letter or mark which signifies orimplies or may reasonably lead the public to believe that the house orplace is part of a public telecommunication licensees installation orplant commits an offence

76--(l) No person for whom a public telecommunication or postallicensee has provided any telecommunication or postal service shallwithout the written approval of the licensee concerned demand collector receive payment from any other person for the use of the service bythat person(2) Any person who has been granted any approval under subsection(1) shall only demand collect or receiver such charges rates or fees asmay be approved by the public telecommunication or postal licenseefor the use of the service by any other person

(3) Any person who contravenes or fails to comply with subsection(1) or (2) commits an offence

77-(1) Any person who wilfully removes destroys or damages anyinstallation or plant used for telecommunications or postal services com-mits an offence and shall be liable on conviction to a fine not exceedingthree hundred thousand shillings or to imprisonment for a term notexceeding three years or to both such fine and imprisonment

Compensationfor damage topublictelecom-tion orpostallicenseesinstallation orplant

Charging for use ofservicesprovidedby publictelecom-municationand postallicensees

Prohibition offalse noticerelating topublictelecom-municationinstallationor plant


(2) Notwithstanding subsection (1) any person who damages or suf-fers to be damaged any cable of a telecommunication system belongingto or under the management or control of a public telecommunicationor postal licensee commits an offence and shall be liable on convictionto a fine not exceeding hundred thousand shillings or to imprisonmentfor a term not exceeding three years or to both such fine and imprison-ment

(3) Where an offence under subsection (2) is committed by any personacting as the agent or employee of another person or being otherwisesubject to the supervision or instructions of another person for the pur-poses of any employment in the course of which the offence was commit-ted that other person shall without prejudice to the liability of thefirst-mentioned person be liable under that subsection in the same man-ner and to the same extent as if he had personally committed the offenceunless he proves to the satisfaction of the court that the offence wascommitted without his consent or connivance or that it was not attribut-able to any neglect on his part

(4) In any proceedings for an offence under subsection (2) it shallbe a defence for the person charged to prove that he took all reasonableprecautions and exercised all due diligence to avoid the commission ofthe offence

78-(1) Any person who removes destroys or damages whetherwilfully negligently accidentally or otherwise the installation or plantused for telecommunications or postal services shall in addition to anypenalty for which he is liable for an offence under this Act be liable topay compensation for the damage he has done and the compensationshall be recoverable by civil action or suit before any court of competentjurisdiction

Compen-sation fordamagecaused topublictelecom-munica-tion orpostal in-

(2) Subject to subsection (1) any court before which a person ischarged with an offence under this Act may assess the compensationpayable under this section and may make an order for the payment ofthe same

stallationor plant

(3) Any order under subsection (2) may be enforced as if it were ajudgment in a civil action or suit

79-(1) Any person who with fraudulent intent erases or removesfrom any device any mark put or impressed upon the device denotingthat the same has been used or sells or uses any such device commitsan offence and shall be liable on conviction to a fine not exceeding threehundred thousand shillings or to imprisonment for a term not exceedingthree (3) years or to both

Penaltyfor re-moving any mark de-notingused de-vice fortelephone

(2) For the purpose of this section device means any device pro-vided for use by a public telecommunication licensee for accessing anytelecommunication equipment of the licensee to enable the telecommuni-cation service of the licensee to be used

purposes

No 18 Tanzania Communications 1993 41

80 Where(a) any person has under his control a telecommunication system or

equipment connected to the telecommunication system or equip-ment connected to the telecommunication system or equipmentof a public telecommunication licensee which is of a type notapproved by the Commission under Section 21

(b) the Commission has given to the person a written notice stating that-

(i) the telecommunication system or equipment under his controlis of a type that has not been approved by the Commission underSection 21

(ii) the person must disconnect the telecommunication system orequipment from the telecommunication system or equipment ofthe public telecommunication licensee within such period asspecified in the notice and

(c) a person has failed to comply with such noticethen the person shall be guilty of an offence

FIRST SCHEDULE-( Section 4)

CONSTITUTION AND PROCEEDINGS OF COMMISSION

1 The Commission shall consist of such members appointed in accordance with section4

2-(l) A member of the Commission shall hold office for a term not exceeding 3 yearsand on such terms and conditions as shall be set out in the instrument of his appointmentand shall be eligible for reappointment

(2) A member may be removed from office only for cause(3) The Members of the Board shall elect a Vice Chairman from amongst their number

and any member elected as Vice-Chairman shall subject to his continuing to be a memberhold office for a term of one year from the date of his election and shall be eligible forre-election

4 A member of the Commission may resign his office at any time by giving not lessthan one months notice to the Minister

5 The Commission may in writing authorise any member or officer of the Commissionto exercise any power or perform any function conferred on the Commission by this Act

6 The seat of a member of the Commission shall become vacant-(a) on his death(b) if he becomes in any manner disqualified for membership of the Commission(c) if he resigns his seat or(d) if his appointment is revoked in accordance with this Act(e) if he becomes bankrupt

ViceChairman

Tenure ofoffice

Failure todisconnectequipmentnot approvedunder sec-tion 21

Composi-tion of thecommis-sion

Commis-sion maydelegatefunction

Resignation

Vocationof office


7 If a vacancy occurs in the membership of the Commission theMinister may subject to paragraph 1 appoint any person to fill thevacancy and the person so appointed shall hold office for so long as themember in whose place he is appointed would have held office

Filling ofvacancies

8 No person shall be eligible to be appointed or to remain a memberDisqual-ification of the Commission whofrommember- (a) is an undischarged bankrupt or has made any arrangement with

his creditorsship

(b) is incapacitated by physical or mental illness or(c) is otherwise unable or unfit to discharge the functions of a

member

9-(1) Subject to sub-paragraph (2) if a member of the Commissionhas a pecuniary interest direct or indirect in any contract proposedcontract or other matter which is before any meeting of the Commissionhe shall at that meeting declare the nature of his interest and shall nottake part in the consideration or discussion of or vote on any questionwith respect to that contract or other matter and if the Chairman orthe person presiding at that meeting so directs he shall withdraw fromthe meeting during the consideration or discussion

Disclo-sure of in-terest bymembers

(2) For the purposes of sub-paragraph (1) a general notice given tothe members of the Commission by a member to the effect that he isan officer or member of a specified corporation or a member of a specifiedcorporation or a member of a specified firm and is to be regarded asinterested in any contract which may after the date of the notice bemade with that corporation or firm shall be deemed to be a sufficientdeclaration of interest in relation to any contract so made if it specifiesthe nature and extent of his interest in the specified corporation or firmand his interest is not different in nature or greater in extent than thenature and extent so specified in the general notice at the time anycontract is so made but no such notice shall be of effect unless eitherit is given at a meeting of the Commission or the member takes reasonablesteps to ensure that it is brought up and read at the next meeting of theCommission after it is given

(3) For the purposes of this paragraph a pecuniary interest of aspouse parent son or a daughter or an adopted son or daughter ormember-shall be treated as a pecuniary interest of the member

(4) For the purposes of determining whether there is a quorum amember shall be treated as being present at a meeting notwithstandingthat under this paragraph he cannot vote or has withdrawn from themeeting


10-(I) All deeds documents and other instruments requiring theseal of the Commission shall be sealed with the common seal of theCommission in the presence of any two officers of the Commission dulyauthorised by the Commission to act in that behalf and shall be signedby those officers and such signing shall be sufficient evidence that thecommon seal of the Commission has been duly and properly affixed andthat seal is the lawful common seal of the Commission

(2) The Commission may by resolution or otherwise appoint an officeror employee of the Commission or any other agent either generally orin a particular case to execute or sign on behalf of the Commission anyagreement or other instrument not under seal in relation to any mattercoming within the powers of the Commission11 There shall be paid to the members of the Commission out ofthe funds of the Commission such fees and allowances as the Ministermay from time to time determine on the recommendation of the Com-mission

12-(1) The Commission shall ordinarily meet for the dispatch ofbusiness at such times and places as the Chairman may from time totime appoint

(2) At every meeting of the Commission one half of the number ofmembers shall constitute a quorum

(3) A decision at a meeting of the Commission shall be adopted bya simple majority of the members present and voting except that in thecase of an equality of votes the Chairman of the meeting shall have acasting vote

(4) Where not less than two members of the Commission request theChairman by notice in writing signed by them to convene a meeting ofthe Commission for any purpose specified in the notice the Chairmanshall within 7 days from the receipt of the notice convene a meetingfor that purpose

13 The Commission may act notwithstanding any vacancy in its mern-bership14 Subject to this Act the Commission may make rules regulatingits own procedure generally and in particular regarding the holding ofmeetings the notice to be given of such meetings the proceedingsthereat the keeping of minutes the custody production and inspectionof such minutes and the opening keeping closing and auditing ofaccounts

Procedureat meet-ings

Vacancies

Fees andallo-wancespayable tomembersof commission

44 No 18 Tanzania Communications 1993Appoint- 15-(1) The Commission may in its discretion appoint from among

its own members or other persons who are not members of the Commis-sion such number of committees as it thinks fit consisting of membersor other persons or members and other persons for purposes which inthe opinion of the Commission would be better regulated and managedby means of such committees

ment ofcommit-tees anddelege-tion ofpowers

(2) The Commission may subject to such conditions or restrictionsas it thinks fit delegate to any such committee or the Chairman or theDirector General all or any of the powers functions and duties vestedin the Commission by this Act or any regulations made thereunder anda power function or duty so delegated may be exercised or performedby such committee or the Chairman or the Director General as thecase may be in the name and on behalf of the Commission

(3) The Commission may subject to such conditions or restrictionsas it thinks fit delegate to any officer or employee thereof or any otherperson all or any of its powers functions and duties vested in the Com-mission by this Act or any regulations made thereunder and any powerfunction or duty so delegated may be exercised or performed by theofficer or employee or other person in the name and on behalf or theCommission

(4) The Commission may continue to exercise a power conferredupon it or perform a function or duty under this Act or any regulationsmade thereunder notwithstanding the delegation of the power functionor duty under this paragraph

SECOND SCHEDULE -(Section 5(3))

POWERS OF COMMISSION

1 To grant radio frequency licences for telecommunication purposes and to superviseand enforce compliance with the provisions of such licences

2 To grant licences for operating postal services and to supervise and enforce com-pliance with the provision of such licences

3 To give directions to any person granted a licence under this Act or any regulationsmade thereunder

4 To -levy such charges and fees for the granting of licences radio frequency spectrurnrights administration of radio frequency spectrum registrations equipment approvals andother services provided by the Commission as may in its opinion be appropriate

5 To give general guidelines in determination of tariffs6 To lay down standards and codes of conduct to be observed by all operators and

users of telecommunication and postal systems and services7 To regulate the interconnection of and access to systems of operators of telecommuni-

cation and postal systems and services8 To control and regulate the management and allocation of numbering plans and

schemes for telecommunication and postal systems and services

No 18 1993 45Tanzania Communications

9 To control and regulateamp interference to telecommunications system in the UnitedRepublic by radio waves or electrical or other means

10 To control and regulate the importation for sale dealing in and use of telecommuni-cation equipment

11 To utilise all the property of the Commission movable and immovable in suchmanner as the Commission may think expedient including the raising of loans by mortgagingsuch property

12 To lease or let with or without taking a premium any property vested in or acquiredby it or to grant easements rights of way temporary licences or other rights or privilegesover under through of in respect of any land or building belonging to or vested in theCommission upon such terms and conditions as the Commission may think fit

13 To carry out such other works or activities as may appear to the Commission tobe requisite advantageous or convenient in pursuance of its regulatory role with a viewto making the best use of any of the assets of the Commission

14 To engage in conjunction with other authorities international agencies or organisa-tions in matters of regulation for the purposes of promoting telecommunication and postalsystems and services15 To enter into all such contracts for the supply of goods or materials or for the executionof works or any other contract as may be necessary for the discharge of its duties andfunctions under this Act

16 To receive and process complaints by users of telecommunication and postal services17 To impose sanctions set by regulations for the violation by any licensed operator

of any law or under the terms of its licence18 To conduct administrative processes and hearings to resolve technological issues

inter-carrier disputes user complaints or other matters which affect the structure andfunctioning of the telecommunications or postal sectors of the United Republic

19 To promulgate regulations so as to implement the telecommunications and postalpolicies of this Act

20 To ensure the proper maintenance of accounting systems by all licensed operators21 To guarantee equal access to monopoly or other licensed telecommunications or

postal networks22 To homologate and establish a process for authorization of equipment permitted

to be connected to the telecommunications network in the United Republic23 To provide standards (in addition to regulations) for the operation of concessions

and other types of licences24 To research and report on new technologies25 To keep the government appraised of obligations under international telecommuni-

cations treaties26 To oversee compliance with international telecommunications treaties27 To cooperate technically with the government and to define strategic policy28 To promote national technological development29 To propose international telecommunications and postal policy to the government30 To prepare policies for development of the national technology31 To create criteria for the opening and restructuring of services as and where approp-

riate and to ensure the compatibility of public systems interconnection and quality ofservice

a_the_delivery_of_the_pos

No_18

Tanzania_Communications

14_No_18

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requiring

13I_The_Commission_shall

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SectionPART V

MISCELLANEOUS AND GENERAL MATTERS23 Power to enter on and to survey land24 Power to erect etc telephone lines etc on any property25 Removal of telephone lines etc erected on any property26 Power to enter land to prevent accident etc27 Powers in relation to electricity undertakers etc28 Structures likely to interfere with telecommunications Services


29 Provision of postage stamps and power to make Rules as to them30 Postage stamp to be used for prepayment31 Exemption from postal Charges32 Powers to make rules as to transmission by post of postal articles33 Transmission by post of anything injurious etc prohibited34 Transmission by post of anything indecent etc prohibited35 Commission to make rules dealing with prohibited Articles36 Obligation of licensee to inform the Commission37 Disposal of postal articles detained under this Act38 Extension of sections 33 34 35 36 and 3739- Power to make rules as to disposal of undelived postal Articles40 Power to provide for Postal financial services and to make rules

thereon41 Special powers in emergency or in the national or public interest


42 Sources of funds of Commission43 Budget of Commission44 Accounts and audit

PART VIIIOFFENSES AND PENALTIES IN RELATION TO POSTAL SERVICES

45 Penalty for contravention of sections 14 and 1546 Penalty for contravention of sections 33 and 3447 Penalty for defiling or injuring letter boxes48 Penalty for affixing without authority anythingto or disfiguring

a post office49 Penalty for unlawfully detaining mails or opening mail bags50 Penalty for unlawfully retaining postal articles or mail bags51 Penalty for unlawfully diverting letters52 Penalty for unlawfully disclosing contents of postal articles53 Penalty for making- fictitious stamps54 Prohibition of false notices as to reception of letters55 Offenses by officer employee or agent of public postal licensees


























































































































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Vacancies




































No_18


14_No_18


requiring




No_1

24_No_18


1993_33

80_Where

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The See-retariat





PART III





terns























Act No 6of 1993



















postal ser-vices

































Discretion

















































Act No15 of 1977



















































































Exemp-tion from































Act No12of 1976

















thereon

























Accountsand audit





























































generalpenalty














































I

















































stallationor plant





purposes

















ViceChairman

Tenure ofoffice




Resignation

Vocationof office



Filling ofvacancies


his creditorsship


member















Vacancies




































No_18


14_No_18


requiring




No_1

24_No_18


1993_33

80_Where

FillText10


FillText13

















Act No 6of 1993



















postal ser-vices

































Discretion

















































Act No15 of 1977



















































































Exemp-tion from































Act No12of 1976

















thereon

























Accountsand audit





























































generalpenalty














































I

















































stallationor plant





purposes

















ViceChairman

Tenure ofoffice




Resignation

Vocationof office



Filling ofvacancies


his creditorsship


member















Vacancies




































No_18


14_No_18


requiring




No_1

24_No_18


1993_33

80_Where

FillText10


FillText13


















postal ser-vices

































Discretion

















































Act No15 of 1977



















































































Exemp-tion from































Act No12of 1976

















thereon

























Accountsand audit





























































generalpenalty














































I

















































stallationor plant





purposes

















ViceChairman

Tenure ofoffice




Resignation

Vocationof office



Filling ofvacancies


his creditorsship


member















Vacancies




































No_18


14_No_18


requiring




No_1

24_No_18


1993_33

80_Where

FillText10


FillText13































Discretion

















































Act No15 of 1977



















































































Exemp-tion from































Act No12of 1976

















thereon

























Accountsand audit





























































generalpenalty














































I

















































stallationor plant





purposes

















ViceChairman

Tenure ofoffice




Resignation

Vocationof office



Filling ofvacancies


his creditorsship


member















Vacancies




































No_18


14_No_18


requiring




No_1

24_No_18


1993_33

80_Where

FillText10


FillText13

















































Act No15 of 1977



















































































Exemp-tion from































Act No12of 1976

















thereon

























Accountsand audit





























































generalpenalty














































I

















































stallationor plant





purposes

















ViceChairman

Tenure ofoffice




Resignation

Vocationof office



Filling ofvacancies


his creditorsship


member















Vacancies




































No_18


14_No_18


requiring




No_1

24_No_18


1993_33

80_Where

FillText10


FillText13


















































































Exemp-tion from































Act No12of 1976

















thereon

























Accountsand audit





























































generalpenalty














































I

















































stallationor plant





purposes

















ViceChairman

Tenure ofoffice




Resignation

Vocationof office



Filling ofvacancies


his creditorsship


member















Vacancies




































No_18


14_No_18


requiring




No_1

24_No_18


1993_33

80_Where

FillText10


FillText13


















Act No12of 1976

















thereon

























Accountsand audit





























































generalpenalty














































I

















































stallationor plant





purposes

















ViceChairman

Tenure ofoffice




Resignation

Vocationof office



Filling ofvacancies


his creditorsship


member















Vacancies




































No_18


14_No_18


requiring




No_1

24_No_18


1993_33

80_Where

FillText10


FillText13

















thereon

























Accountsand audit





























































generalpenalty














































I

















































stallationor plant





purposes

















ViceChairman

Tenure ofoffice




Resignation

Vocationof office



Filling ofvacancies


his creditorsship


member















Vacancies




































No_18


14_No_18


requiring




No_1

24_No_18


1993_33

80_Where

FillText10


FillText13


















Accountsand audit





























































generalpenalty














































I

















































stallationor plant





purposes

















ViceChairman

Tenure ofoffice




Resignation

Vocationof office



Filling ofvacancies


his creditorsship


member















Vacancies




































No_18


14_No_18


requiring




No_1

24_No_18


1993_33

80_Where

FillText10


FillText13





























































generalpenalty














































I

















































stallationor plant





purposes

















ViceChairman

Tenure ofoffice




Resignation

Vocationof office



Filling ofvacancies


his creditorsship


member















Vacancies




































No_18


14_No_18


requiring




No_1

24_No_18


1993_33

80_Where

FillText10


FillText13












































I

















































stallationor plant





purposes

















ViceChairman

Tenure ofoffice




Resignation

Vocationof office



Filling ofvacancies


his creditorsship


member















Vacancies




































No_18


14_No_18


requiring




No_1

24_No_18


1993_33

80_Where

FillText10


FillText13

















































stallationor plant





purposes

















ViceChairman

Tenure ofoffice




Resignation

Vocationof office



Filling ofvacancies


his creditorsship


member















Vacancies




































No_18


14_No_18


requiring




No_1

24_No_18


1993_33

80_Where

FillText10


FillText13

















ViceChairman

Tenure ofoffice




Resignation

Vocationof office



Filling ofvacancies


his creditorsship


member















Vacancies




































No_18


14_No_18


requiring




No_1

24_No_18


1993_33

80_Where

FillText10


FillText13



Filling ofvacancies


his creditorsship


member















Vacancies




































No_18


14_No_18


requiring




No_1

24_No_18


1993_33

80_Where

FillText10


FillText13










Vacancies




































No_18


14_No_18


requiring




No_1

24_No_18


1993_33

80_Where

FillText10


FillText13



































No_18


14_No_18


requiring




No_1

24_No_18


1993_33

80_Where

FillText10


FillText13

the tanzania communications act, 1993 · pdf filethe tanzania communications act, 1993 ......

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