\u00a0<\/p>\n
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UGANDA COMMUNICATIONS ACT.<\/p>\n
ARRANGEMENT OF SECTIONS.<\/b><\/p>\n
\u00a0\u00a0\u00a0Section.<\/p>\n
PART I
PRELIMINARY.<\/p>\n
\u00a0\u00a0\u00a01.\u00a0\u00a0\u00a0Commencement. <\/a><\/p>\n \u00a0\u00a0\u00a02.\u00a0\u00a0\u00a0Interpretation. <\/a><\/p>\n \u00a0\u00a0\u00a03.\u00a0\u00a0\u00a0Objectives of the Act. <\/a><\/p>\n PART II \u00a0\u00a0\u00a04.\u00a0\u00a0\u00a0Establishment of Uganda Communications Commission. <\/a><\/p>\n \u00a0\u00a0\u00a05.\u00a0\u00a0\u00a0Functions of the Commission. <\/a><\/p>\n \u00a0\u00a0\u00a06.\u00a0\u00a0\u00a0Powers of the Commission. <\/a><\/p>\n \u00a0\u00a0\u00a07.\u00a0\u00a0\u00a0Powers of the Minister. <\/a><\/p>\n \u00a0\u00a0\u00a08.\u00a0\u00a0\u00a0Independence of the Commission. <\/a><\/p>\n \u00a0\u00a0\u00a09.\u00a0\u00a0\u00a0Board of the Commission. <\/a><\/p>\n \u00a0\u00a0\u00a010.\u00a0\u00a0\u00a0Disqualification from appointment. <\/a><\/p>\n \u00a0\u00a0\u00a011.\u00a0\u00a0\u00a0Vacating office of member of the Board. <\/a><\/p>\n \u00a0\u00a0\u00a012.\u00a0\u00a0\u00a0Meetings of the Board. <\/a><\/p>\n \u00a0\u00a0\u00a013.\u00a0\u00a0\u00a0Remuneration of members of the Board. <\/a><\/p>\n \u00a0\u00a0\u00a014.\u00a0\u00a0\u00a0Committees of the Board. <\/a><\/p>\n PART III \u00a0\u00a0\u00a015.\u00a0\u00a0\u00a0Secretariat of the Commission. <\/a><\/p>\n \u00a0\u00a0\u00a016.\u00a0\u00a0\u00a0Executive Director. <\/a><\/p>\n \u00a0\u00a0\u00a017.\u00a0\u00a0\u00a0Duties of the Executive Director. <\/a><\/p>\n \u00a0\u00a0\u00a018.\u00a0\u00a0\u00a0Secretary to the Commission. <\/a><\/p>\n \u00a0\u00a0\u00a019.\u00a0\u00a0\u00a0Other officers and staff of the Commission. <\/a><\/p>\n \u00a0\u00a0\u00a020.\u00a0\u00a0\u00a0Protection of members of the Board and officers of the Commission. <\/a><\/p>\n PART IV Radio, Telecommunications and other Communications Licences.<\/p>\n \u00a0\u00a0\u00a021.\u00a0\u00a0\u00a0Licence for radio communications. <\/a><\/p>\n \u00a0\u00a0\u00a022.\u00a0\u00a0\u00a0Licence for telecommunications. <\/a><\/p>\n \u00a0\u00a0\u00a023.\u00a0\u00a0\u00a0Exemption from requirement for licence. <\/a><\/p>\n Management and use of Frequency Spectrum.<\/p>\n \u00a0\u00a0\u00a024.\u00a0\u00a0\u00a0Licence to use frequency spectrum. <\/a><\/p>\n \u00a0\u00a0\u00a025.\u00a0\u00a0\u00a0Management of radio spectrum. <\/a><\/p>\n Installation of Television and Radio Stations.<\/p>\n \u00a0\u00a0\u00a026.\u00a0\u00a0\u00a0Installation of television and radio stations. <\/a><\/p>\n Broadcasting Licence, Right to Broadcast and Broadcasting Standards.<\/p>\n \u00a0\u00a0\u00a027.\u00a0\u00a0\u00a0Broadcasting licence. <\/a><\/p>\n \u00a0\u00a0\u00a028.\u00a0\u00a0\u00a0Right to broadcast. <\/a><\/p>\n \u00a0\u00a0\u00a029.\u00a0\u00a0\u00a0Duties of a licensee and producer. <\/a><\/p>\n \u00a0\u00a0\u00a030.\u00a0\u00a0\u00a0Disqualification of a producer. <\/a><\/p>\n \u00a0\u00a0\u00a031.\u00a0\u00a0\u00a0Minimum broadcasting standards. <\/a><\/p>\n \u00a0\u00a0\u00a032.\u00a0\u00a0\u00a0Ethical broadcasting standards. <\/a><\/p>\n PART V \u00a0\u00a0\u00a033.\u00a0\u00a0\u00a0Licensing of postal services. <\/a><\/p>\n \u00a0\u00a0\u00a034.\u00a0\u00a0\u00a0Subcontracting by a licensee. <\/a><\/p>\n \u00a0\u00a0\u00a035.\u00a0\u00a0\u00a0Protection of postal articles. <\/a><\/p>\n \u00a0\u00a0\u00a036.\u00a0\u00a0\u00a0Limitation of liability of a licensee. <\/a><\/p>\n PART VI \u00a0\u00a0\u00a037.\u00a0\u00a0\u00a0Licence for cinematograph theatre or video library. <\/a><\/p>\n PART VII \u00a0\u00a0\u00a038.\u00a0\u00a0\u00a0Application for a licence. <\/a><\/p>\n \u00a0\u00a0\u00a039.\u00a0\u00a0\u00a0Terms and conditions of a licence. <\/a><\/p>\n \u00a0\u00a0\u00a040.\u00a0\u00a0\u00a0Modification of licence. <\/a><\/p>\n \u00a0\u00a0\u00a041.\u00a0\u00a0\u00a0Suspension and revocation of licence. <\/a><\/p>\n \u00a0\u00a0\u00a042.\u00a0\u00a0\u00a0Transfer of licence. <\/a><\/p>\n \u00a0\u00a0\u00a043.\u00a0\u00a0\u00a0Lapse and renewal of a licence. <\/a><\/p>\n \u00a0\u00a0\u00a044.\u00a0\u00a0\u00a0Annual report on operations of licensee. <\/a><\/p>\n PART VIII \u00a0\u00a0\u00a045.\u00a0\u00a0\u00a0Investigation of complaints. <\/a><\/p>\n \u00a0\u00a0\u00a046.\u00a0\u00a0\u00a0Power to institute inquiries. <\/a><\/p>\n \u00a0\u00a0\u00a047.\u00a0\u00a0\u00a0Report on investigations. <\/a><\/p>\n \u00a0\u00a0\u00a048.\u00a0\u00a0\u00a0Directions to remedy breach. <\/a><\/p>\n \u00a0\u00a0\u00a049.\u00a0\u00a0\u00a0Appointment of inspectors. <\/a><\/p>\n \u00a0\u00a0\u00a050.\u00a0\u00a0\u00a0Powers of an inspector. <\/a><\/p>\n \u00a0\u00a0\u00a051.\u00a0\u00a0\u00a0Search warrant. <\/a><\/p>\n PART IX \u00a0\u00a0\u00a052.\u00a0\u00a0\u00a0Commission to promote fair competition. <\/a><\/p>\n \u00a0\u00a0\u00a053.\u00a0\u00a0\u00a0Unfair competition prohibited. <\/a><\/p>\n \u00a0\u00a0\u00a054.\u00a0\u00a0\u00a0Exceptions to fair competition. <\/a><\/p>\n \u00a0\u00a0\u00a055.\u00a0\u00a0\u00a0Breach of fair competition. <\/a><\/p>\n \u00a0\u00a0\u00a056.\u00a0\u00a0\u00a0Denial of access or service. <\/a><\/p>\n \u00a0\u00a0\u00a057.\u00a0\u00a0\u00a0Equality of treatment. <\/a><\/p>\n \u00a0\u00a0\u00a058.\u00a0\u00a0\u00a0Interconnection of network facilities. <\/a><\/p>\n \u00a0\u00a0\u00a059.\u00a0\u00a0\u00a0Maximum interconnection rates. <\/a><\/p>\n PART X \u00a0\u00a0\u00a060.\u00a0\u00a0\u00a0Establishment of Uganda Communications Tribunal. <\/a><\/p>\n \u00a0\u00a0\u00a061.\u00a0\u00a0\u00a0Funds of the tribunal. <\/a><\/p>\n \u00a0\u00a0\u00a062.\u00a0\u00a0\u00a0Disqualification from appointment to the tribunal. <\/a><\/p>\n \u00a0\u00a0\u00a063.\u00a0\u00a0\u00a0Vacating office of member of the tribunal. <\/a><\/p>\n \u00a0\u00a0\u00a064.\u00a0\u00a0\u00a0Jurisdiction of the tribunal. <\/a><\/p>\n \u00a0\u00a0\u00a065.\u00a0\u00a0\u00a0Powers of the tribunal. <\/a><\/p>\n PART XI \u00a0\u00a0\u00a066.\u00a0\u00a0\u00a0Uganda Post Limited. <\/a><\/p>\n PART XII \u00a0\u00a0\u00a067.\u00a0\u00a0\u00a0Funds of the Commission. <\/a><\/p>\n \u00a0\u00a0\u00a068.\u00a0\u00a0\u00a0Levy on gross annual revenue of operators. <\/a><\/p>\n \u00a0\u00a0\u00a069.\u00a0\u00a0\u00a0Power to open and operate bank accounts. <\/a><\/p>\n \u00a0\u00a0\u00a070.\u00a0\u00a0\u00a0Estimates of income and expenditure. <\/a><\/p>\n \u00a0\u00a0\u00a071.\u00a0\u00a0\u00a0Application of commission funds. <\/a><\/p>\n \u00a0\u00a0\u00a072.\u00a0\u00a0\u00a0Investment of surplus funds. <\/a><\/p>\n \u00a0\u00a0\u00a073.\u00a0\u00a0\u00a0Financial year of Commission. <\/a><\/p>\n \u00a0\u00a0\u00a074.\u00a0\u00a0\u00a0Accounts. <\/a><\/p>\n \u00a0\u00a0\u00a075.\u00a0\u00a0\u00a0Audit. <\/a><\/p>\n PART XIII \u00a0\u00a0\u00a076.\u00a0\u00a0\u00a0Unlawful opening of postal article. <\/a><\/p>\n \u00a0\u00a0\u00a077.\u00a0\u00a0\u00a0Issuing money order with fraudulent intent. <\/a><\/p>\n \u00a0\u00a0\u00a078.\u00a0\u00a0\u00a0Offences and penalties for unlicensed persons. <\/a><\/p>\n \u00a0\u00a0\u00a079.\u00a0\u00a0\u00a0Interception and disclosure of communication. <\/a><\/p>\n \u00a0\u00a0\u00a080.\u00a0\u00a0\u00a0Interception of Government communication. <\/a><\/p>\n \u00a0\u00a0\u00a081.\u00a0\u00a0\u00a0Sending false distress signals. <\/a><\/p>\n \u00a0\u00a0\u00a082.\u00a0\u00a0\u00a0Offences in respect of radio communications. <\/a><\/p>\n \u00a0\u00a0\u00a083.\u00a0\u00a0\u00a0Protection of telecommunication installations. <\/a><\/p>\n \u00a0\u00a0\u00a084.\u00a0\u00a0\u00a0False advertisement. <\/a><\/p>\n \u00a0\u00a0\u00a085.\u00a0\u00a0\u00a0General penalty. <\/a><\/p>\n PART XIV \u00a0\u00a0\u00a086.\u00a0\u00a0\u00a0Powers of the Commission in a state of emergency. <\/a><\/p>\n \u00a0\u00a0\u00a087.\u00a0\u00a0\u00a0Transfer of assets and liabilities. <\/a><\/p>\n \u00a0\u00a0\u00a088.\u00a0\u00a0\u00a0Transfer of service contracts. <\/a><\/p>\n \u00a0\u00a0\u00a089.\u00a0\u00a0\u00a0Pension fund and retired and redundant employees. <\/a><\/p>\n \u00a0\u00a0\u00a090.\u00a0\u00a0\u00a0Agreements and licences by the Commission or Broadcasting Council. <\/a><\/p>\n \u00a0\u00a0\u00a091.\u00a0\u00a0\u00a0Pending court proceedings or orders of court. <\/a><\/p>\n \u00a0\u00a0\u00a092.\u00a0\u00a0\u00a0Service of notices on the Commission. <\/a><\/p>\n \u00a0\u00a0\u00a093.\u00a0\u00a0\u00a0Regulations. <\/a><\/p>\n \u00a0\u00a0\u00a094.\u00a0\u00a0\u00a0Amendment of Cap. 49. <\/a><\/p>\n \u00a0\u00a0\u00a095.\u00a0\u00a0\u00a0Amendment of Schedules. <\/a><\/p>\n \u00a0\u00a0\u00a096.\u00a0\u00a0\u00a0Repeal and saving. <\/a><\/p>\n \u00a0<\/p>\n \u00a0\u00a0\u00a0\u00a0\u00a0\u00a0First Schedule<\/a><\/i>\u00a0\u00a0\u00a0Currency point.<\/p>\n \u00a0\u00a0\u00a0\u00a0\u00a0\u00a0Second Schedule<\/a><\/i>\u00a0\u00a0\u00a0Seal of the Commission.<\/p>\n \u00a0\u00a0\u00a0\u00a0\u00a0\u00a0Third Schedule<\/a><\/i>\u00a0\u00a0\u00a0Meetings of the Board.<\/p>\n \u00a0\u00a0\u00a0\u00a0\u00a0\u00a0Fourth Schedule<\/a><\/i>\u00a0\u00a0\u00a0Minimum broadcasting standards.<\/p>\n \u00a0\u00a0\u00a0\u00a0\u00a0\u00a0Fifth Schedule<\/a><\/i>\u00a0\u00a0\u00a0Rate of percentage of gross annual revenue payable by operators.<\/p>\n \u00a0\u00a0\u00a0\u00a0\u00a0\u00a0Sixth Schedule<\/a><\/i>\u00a0\u00a0\u00a0Conditions of a licence.<\/p>\n \u00a0<\/p>\n UGANDA COMMUNICATIONS ACT.<\/p>\n Commencement:<\/i> 18 January, 2013 (Except Part X).<\/p>\n \u00a0\u00a0\u00a0An Act to consolidate and harmonise the Uganda Communications Act and the Electronic Media Act; to dissolve the Uganda Communications Commission and the Broadcasting Council and reconstitute them as one body known as the Uganda Communications Commission; and to provide for related matters.<\/b><\/p>\n \u00a0<\/p>\n PART I \u00a0<\/p>\n <\/a>1.\u00a0\u00a0\u00a0Commencement.<\/p>\n \u00a0\u00a0\u00a0(1) Subject to subsection (2), this Act shall come into force upon the date of its publication in the Gazette<\/i>.<\/p>\n \u00a0\u00a0\u00a0(2) Part X of this Act shall come into force within one year from the date of publication in the Gazette<\/i>, on the date appointed by the Minister by statutory instrument.<\/p>\n \u00a0<\/p>\n <\/a>2.\u00a0\u00a0\u00a0Interpretation.<\/p>\n \u00a0\u00a0\u00a0In this Act, unless the context otherwise requires\u2014<\/p>\n \u00a0\u00a0\u00a0“authorised”<\/b>, in relation to an officer or employee of the Commission, means authorised by the Executive Director to exercise the powers or perform the duties in respect of which an authorised person is required;<\/p>\n \u00a0\u00a0\u00a0“Board”<\/b> means the Board established under section 9;<\/p>\n \u00a0\u00a0\u00a0“broadcaster”<\/b> means a licensed person who packages and distributes or distributes television or radio programmed services for reception by subscribers or the public, regardless of the technology;<\/p>\n \u00a0\u00a0\u00a0“broadcasting”<\/b> means the transmission of sound, video or data, intended for simultaneous reception by the public;<\/p>\n \u00a0\u00a0\u00a0“cinematograph theatre”<\/b> means any building, structure, tent or other erection of whatever nature or any place or land in or on which a cinematograph or video exhibition is presented to the public either gratuitously or for reward;<\/p>\n \u00a0\u00a0\u00a0“Commission”<\/b> means the Uganda Communications Commission established under section 4;<\/p>\n \u00a0\u00a0\u00a0“communications”<\/b> means telecommunications, data communication, radio communications, postal communications and includes broadcasting;<\/p>\n \u00a0\u00a0\u00a0“communications services”<\/b> means services performed consisting of the dissemination or interchange of audio, visual or data content using postal, radio, or telecommunications media, data communication, and includes broadcasting;<\/p>\n \u00a0\u00a0\u00a0“content”<\/b> means any sound, text, still picture, moving picture or other audiovisual representation, tactile representation or any combination of the preceding which is capable of being created, manipulated, stored, retrieved or communicated electronically;<\/p>\n \u00a0\u00a0\u00a0“currency point”<\/b> has the value assigned to it in Schedule 1;<\/p>\n \u00a0\u00a0\u00a0“data”<\/b> means electronic representations of information in any form;<\/p>\n \u00a0\u00a0\u00a0“dominant position”<\/b> means a position of market power enjoyed by an operator, which enables the operator to prevent effective competition being maintained in the relevant market by giving it the power to behave, to an appreciable extent, independently of its competitors and customers;<\/p>\n \u00a0\u00a0\u00a0“electronic media”<\/b> means communication of any message to the public by means of any electronic apparatus;<\/p>\n \u00a0\u00a0\u00a0“eligible person”<\/b> means a person who\u2014<\/p>\n \u00a0\u00a0\u00a0(a<\/i>)\u00a0\u00a0\u00a0has not been adjudged bankrupt or has not entered into a composition or a scheme of arrangement with his or her creditors; or<\/p>\n \u00a0\u00a0\u00a0(b<\/i>)\u00a0\u00a0\u00a0has not been convicted of an offence whose penalty exceeds six months imprisonment or a fine exceeding 12 currency points or both;<\/p>\n \u00a0\u00a0\u00a0“emission of electromagnetic energy”<\/b> includes the deliberate radiation or reflection of electromagnetic energy by means of any apparatus designed or specially adapted for that purpose whether the reflection is continuous or intermittent;<\/p>\n \u00a0\u00a0\u00a0“Executive Director”<\/b> means the Executive Director of the Commission appointed under section 16;<\/p>\n \u00a0\u00a0\u00a0“exhibition”<\/b> means a display of art, video or data to the public, with or without sound by means of any electronic apparatus;<\/p>\n \u00a0\u00a0\u00a0“franking machine”<\/b> means a machine for the purposes of making impressions on postal articles to denote prepayment of postage and includes any metre or metres and any franking or date stamping dies or incidental dies;<\/p>\n \u00a0\u00a0\u00a0“licence”<\/b> means a licence issued under this Act;<\/p>\n \u00a0\u00a0\u00a0“Minister”<\/b> means the Minister responsible for information and communications technology;<\/p>\n \u00a0\u00a0\u00a0“operator”<\/b> means a person licensed to provide a communication or broadcasting service;<\/p>\n \u00a0\u00a0\u00a0“person”<\/b> includes any individual, company, association, or body of persons corporate or unincorporate;<\/p>\n \u00a0\u00a0\u00a0“postal article”<\/b> includes any letter, postcard, newspaper, book, document, pamphlet, pattern, sample packet, small packet, parcel package or other article tendered for dispatch or specified in the International Postal Union or in the licence of an operator;<\/p>\n \u00a0\u00a0\u00a0“postal services”<\/b> means the services performed and facilities provided in connection with\u2014<\/p>\n \u00a0\u00a0\u00a0(a<\/i>)\u00a0\u00a0\u00a0the collection, transmission and delivery by land, water or air of postal articles;<\/p>\n \u00a0\u00a0\u00a0(b<\/i>)\u00a0\u00a0\u00a0the issue of postage stamps and the use of franking machines;<\/p>\n \u00a0\u00a0\u00a0(c<\/i>)\u00a0\u00a0\u00a0the issue and payment of money from one place to another or address commonly referred to as money ordering;<\/p>\n \u00a0\u00a0\u00a0“producer”<\/b> includes a person who is at any given time, in charge of programme production and transmission to the public by means of any electronic apparatus;<\/p>\n \u00a0\u00a0\u00a0“radio communication”<\/b> means the transmitting or receiving over paths which are not provided by any material substance constructed or arranged for that purpose, of electromagnetic energy of a frequency not exceeding three million megahertz being energy which either\u2014<\/p>\n \u00a0\u00a0\u00a0(a<\/i>)\u00a0\u00a0\u00a0serves for the conveyance of messages, sound or visual images, whether messages are actually received by any person or not, or for the actuation or control of machinery or apparatus; or<\/p>\n \u00a0\u00a0\u00a0(b<\/i>)\u00a0\u00a0\u00a0is used in connection with the determination of position, bearing or distance, or for the gaining of information as to the presence, absence, position or motion of any object or objects of any class;<\/p>\n \u00a0\u00a0\u00a0“radio communications apparatus”<\/b> or “radio communications station”<\/b> means any apparatus or station, as the case may be, for transmitting or receiving of radio communication other than a domestic radio set and where\u2014<\/p>\n \u00a0\u00a0\u00a0(a<\/i>)\u00a0\u00a0\u00a0that radio communications apparatus or station cannot lawfully be used without a radio communications licence or without an exemption under section 23;<\/p>\n \u00a0\u00a0\u00a0(b<\/i>)\u00a0\u00a0\u00a0radio communication in the form of messages, audio or visual images is received or transmitted by that apparatus or station;<\/p>\n \u00a0\u00a0\u00a0(c<\/i>)\u00a0\u00a0\u00a0an apparatus is electrically coupled with another apparatus or station for the purpose of enabling any person to receive or transmit messages, sound or visual images;<\/p>\n \u00a0\u00a0\u00a0“radio communications services”<\/b> means services performed and the facilities provided in connection with communication by means of radio communications apparatus;<\/p>\n \u00a0\u00a0\u00a0“telecommunication”<\/b> means the emission, transmission or reception through the agency of electricity or electromagnetism of any sounds, signals, signs, writing, images or intelligence of any nature by wire, radio, optical or other electromagnetic systems whether or not such signs, signals, writing, images, sounds or intelligence have been subjected to rearrangement, computation or other processes by any means in the course of their transmission, emission or reception;<\/p>\n \u00a0\u00a0\u00a0“telecommunications apparatus”<\/b> or “telecommunication station”<\/b> means any apparatus or equipment used or intended to be used in connection with the transmission of communications by means of electricity from one place to another place either along a wire joining those two places or partly by wire from each of those two places and partly by radio communication;<\/p>\n \u00a0\u00a0\u00a0“telecommunications line”<\/b> means any wire, cable, equipment, tower, mast, antenna, tunnel, hole, pit trench, pole or other structure or thing used or intended to be used in connection with a telecommunications system;<\/p>\n \u00a0\u00a0\u00a0“telecommunications service”<\/b> means a service consisting of the conveyance or reception of any sounds, signs, signals, writing or images by wire, optical or other electronically guided media systems whether or not the signs, signals, writing, images, sounds or intelligence have been subjected to rearrangement, computation or other process by any means in the course of their transmission, emission or reception;<\/p>\n \u00a0\u00a0\u00a0“telecommunications system”<\/b> means a system for the conveyance through the agency of electric, magnetic, electromagnetic, electrochemical, electromechanical or light energy of\u2014<\/p>\n \u00a0\u00a0\u00a0(a<\/i>)\u00a0\u00a0\u00a0speech, music, data and other sounds;<\/p>\n \u00a0\u00a0\u00a0(b<\/i>)\u00a0\u00a0\u00a0visual images;<\/p>\n \u00a0\u00a0\u00a0(c<\/i>)\u00a0\u00a0\u00a0signals serving for the importance, whether as between persons and things, of any matter otherwise than in the form of sounds, visual images; or<\/p>\n \u00a0\u00a0\u00a0(d<\/i>)\u00a0\u00a0\u00a0signals serving for the actuation or control of machinery or apparatus, and<\/p>\n including telecommunications apparatus situated in the Republic of Uganda;<\/p>\n \u00a0\u00a0\u00a0“tribunal”<\/b> means the Uganda Communications Tribunal established under section 60;<\/p>\n \u00a0\u00a0\u00a0“wire”<\/b> includes optical cable.<\/p>\n \u00a0<\/p>\n <\/a>3.\u00a0\u00a0\u00a0Objectives of the Act.<\/p>\n \u00a0\u00a0\u00a0The objectives of this Act are to develop a modern communications sector, which includes telecommunications, broadcasting, radio communications, postal communications, data communication and infrastructure by\u2014<\/p>\n \u00a0\u00a0\u00a0(a<\/i>)\u00a0\u00a0\u00a0establishing one regulatory body for communications in accordance with international best practice;<\/p>\n \u00a0\u00a0\u00a0(b<\/i>)\u00a0\u00a0\u00a0enhancing national coverage of communications services<\/p>\n \u00a0\u00a0\u00a0(c<\/i>)\u00a0\u00a0\u00a0expanding the existing variety of communications services available in Uganda to include modern and innovative communications services;<\/p>\n \u00a0\u00a0\u00a0(d<\/i>)\u00a0\u00a0\u00a0reducing the direct role of Government as an operator in the communications sector and minimising the subsidies paid by the Government to the communications sector;<\/p>\n \u00a0\u00a0\u00a0(e<\/i>)\u00a0\u00a0\u00a0encouraging the participation of the private sector in the development of the communications sector;<\/p>\n \u00a0\u00a0\u00a0(f<\/i>)\u00a0\u00a0\u00a0introducing, encouraging and enabling competition in the communications sector through regulation and licensing of competitive operators to achieve rapid network expansion, standardisation as well as operation of competitively priced and quality services; and<\/p>\n \u00a0\u00a0\u00a0(g<\/i>)\u00a0\u00a0\u00a0establishing and administering a fund for the development of rural communications and information and communication technology in the country.<\/p>\n \u00a0<\/p>\n PART II \u00a0<\/p>\n <\/a>4.\u00a0\u00a0\u00a0Establishment of Uganda Communications Commission.<\/p>\n \u00a0\u00a0\u00a0(1) There is established the Uganda Communications Commission.<\/p>\n \u00a0\u00a0\u00a0(2) The Commission is a body corporate with perpetual succession and a common seal and may for the purposes of discharging its functions under this Act\u2014<\/p>\n \u00a0\u00a0\u00a0(a<\/i>)\u00a0\u00a0\u00a0acquire, hold or dispose of movable and immovable property;<\/p>\n \u00a0\u00a0\u00a0(b<\/i>)\u00a0\u00a0\u00a0sue and be sued in its corporate name;<\/p>\n \u00a0\u00a0\u00a0(c<\/i>)\u00a0\u00a0\u00a0do all acts and things that a body corporate may lawfully do.<\/p>\n \u00a0\u00a0\u00a0(3) The seal of the Commission shall be authenticated in accordance with Schedule 2.<\/p>\n \u00a0<\/p>\n <\/a>5.\u00a0\u00a0\u00a0Functions of the Commission.<\/p>\n \u00a0\u00a0\u00a0(1) The functions of the Commission are\u2014<\/p>\n \u00a0\u00a0\u00a0(a<\/i>)\u00a0\u00a0\u00a0to implement the objectives of this Act;<\/p>\n \u00a0\u00a0\u00a0(b<\/i>)\u00a0\u00a0\u00a0to monitor, inspect, licence, supervise, control and regulate communications services;<\/p>\n \u00a0\u00a0\u00a0(c<\/i>)\u00a0\u00a0\u00a0to allocate, license, standardise and manage the use of the radio frequency spectrum resources in a manner that ensures widest variety of programming and optimal utilisation of spectrum resources;<\/p>\n \u00a0\u00a0\u00a0(d<\/i>)\u00a0\u00a0\u00a0to process applications for the allocation of satellite orbital locations;<\/p>\n \u00a0\u00a0\u00a0(e<\/i>)\u00a0\u00a0\u00a0to regulate rates and charges for communications services with a view to protecting consumers from excessive tariffs and to prevent unfair competitive practices;<\/p>\n \u00a0\u00a0\u00a0(f<\/i>)\u00a0\u00a0\u00a0to establish, amend, administer and enforce a national numbering plan and electronic addresses plan; and assign numbers and electronic addresses;<\/p>\n \u00a0\u00a0\u00a0(g<\/i>)\u00a0\u00a0\u00a0to conduct, or authorise any person to conduct, technical evaluations relating to communications services;<\/p>\n \u00a0\u00a0\u00a0(h<\/i>)\u00a0\u00a0\u00a0to coordinate and collaborate with the relevant national and international organisations in matters relating to communications;<\/p>\n \u00a0\u00a0\u00a0(i<\/i>)\u00a0\u00a0\u00a0to set national standards and ensure compliance with national and international standards and obligations laid down by international communication agreements and treaties to which Uganda is a party;<\/p>\n \u00a0\u00a0\u00a0(j<\/i>)\u00a0\u00a0\u00a0to receive, investigate and arbitrate complaints relating to communications services, and take necessary action;<\/p>\n \u00a0\u00a0\u00a0(k<\/i>)\u00a0\u00a0\u00a0to promote and safeguard the interests of consumers and operators as regards the quality of communications services and equipment;<\/p>\n \u00a0\u00a0\u00a0(l<\/i>)\u00a0\u00a0\u00a0to promote research into the development and use of new communications techniques and technologies, including those which promote accessibility of persons with disability and other members of society to communications services;<\/p>\n \u00a0\u00a0\u00a0(m<\/i>)\u00a0\u00a0\u00a0to improve communications services generally and to ensure equitable distribution of services throughout the country;<\/p>\n \u00a0\u00a0\u00a0(n<\/i>)\u00a0\u00a0\u00a0to promote competition, including the protection of operators from acts and practices of other operators that are damaging to competition, and to facilitate the entry into markets of new and modem systems and services;<\/p>\n \u00a0\u00a0\u00a0(o<\/i>)\u00a0\u00a0\u00a0to regulate interconnection and access systems between operators and users of telecommunications services;<\/p>\n \u00a0\u00a0\u00a0(p<\/i>)\u00a0\u00a0\u00a0to advise the Government on communications policies and legislative measures in respect of providing and operating communications services;<\/p>\n \u00a0\u00a0\u00a0(q<\/i>)\u00a0\u00a0\u00a0to represent Uganda’s communications sector at national and international fora and organisations relating to its functions and to coordinate the participation of any interested groups;<\/p>\n \u00a0\u00a0\u00a0(r<\/i>)\u00a0\u00a0\u00a0to collaborate with educational institutions in order to promote specialised education in the field of communications;<\/p>\n \u00a0\u00a0\u00a0(s<\/i>)\u00a0\u00a0\u00a0to establish and administer a fund for the development of rural communications and information and communication technology in the country;<\/p>\n \u00a0\u00a0\u00a0(t<\/i>)\u00a0\u00a0\u00a0to advise the Minister on the administration of this Act;<\/p>\n \u00a0\u00a0\u00a0(u<\/i>)\u00a0\u00a0\u00a0establish an intelligent network monitoring system to monitor traffic, revenue and quality of service of operators;<\/p>\n \u00a0\u00a0\u00a0(v<\/i>)\u00a0\u00a0\u00a0to regulate value added services provided by communications operators;<\/p>\n \u00a0\u00a0\u00a0(w<\/i>)\u00a0\u00a0\u00a0to operate and manage the Uganda Institute of Information and Communications Technology;<\/p>\n \u00a0\u00a0\u00a0(x<\/i>)\u00a0\u00a0\u00a0to set standards, monitor and enforce compliance relating to content;<\/p>\n \u00a0\u00a0\u00a0(y<\/i>)\u00a0\u00a0\u00a0to encourage and promote infrastructure sharing amongst licensees and to provide regulatory guidelines; and<\/p>\n \u00a0\u00a0\u00a0(z<\/i>)\u00a0\u00a0\u00a0to carry out any other function that is related to the functions of the Commission.<\/p>\n \u00a0\u00a0\u00a0(2) The Commission shall submit to the Minister quarterly reports on the performance of its functions.<\/p>\n \u00a0\u00a0\u00a0(3) The Minister may at any time request the Commission for a report of its performance.<\/p>\n \u00a0\u00a0\u00a0(4) The Commission shall submit<\/p>\n {mprestriction ids=”1,2,3″}<\/p>\n an annual performance report to the Minister within three months prior to the end of each year.<\/p>\n \u00a0\u00a0\u00a0(5) The Minister shall lay the annual report of the Commission before Parliament.<\/p>\n \u00a0<\/p>\n <\/a>6.\u00a0\u00a0\u00a0Powers of the Commission.<\/p>\n \u00a0\u00a0\u00a0(1) The Commission may in the exercise of its functions\u2014<\/p>\n \u00a0\u00a0\u00a0(a<\/i>)\u00a0\u00a0\u00a0charge fees for services provided by the Commission;<\/p>\n \u00a0\u00a0\u00a0(b<\/i>)\u00a0\u00a0\u00a0institute a levy on the gross annual revenue from operators in accordance with section 68;<\/p>\n \u00a0\u00a0\u00a0(c<\/i>)\u00a0\u00a0\u00a0collect the revenue determined by the Minister in respect of the international incoming telecommunications traffic;<\/p>\n \u00a0\u00a0\u00a0(d<\/i>)\u00a0\u00a0\u00a0impose a fine on a person who unlawfully possesses, installs, connects or operates any communications equipment or apparatus, or unlawfully provides or performs any communications services;<\/p>\n \u00a0\u00a0\u00a0(e<\/i>)\u00a0\u00a0\u00a0classify communications services and licenses.<\/p>\n \u00a0\u00a0\u00a0(2) The Commission may in accordance with this Act, confiscate any apparatus which is possessed, installed, connected or operated unlawfully.<\/p>\n \u00a0\u00a0\u00a0(3) The owner of an apparatus confiscated by the Commission may appeal to the tribunal against the confiscation.<\/p>\n \u00a0<\/p>\n <\/a>7.\u00a0\u00a0\u00a0Powers of the Minister.<\/p>\n \u00a0\u00a0\u00a0(1) The Minister may, in writing, give policy guidelines to the Commission regarding the performance of its functions.<\/p>\n \u00a0\u00a0\u00a0(2) The Commission shall comply with the policy guidelines given by the Minister under this section.<\/p>\n \u00a0<\/p>\n <\/a>8.\u00a0\u00a0\u00a0Independence of the Commission.<\/p>\n \u00a0\u00a0\u00a0Subject to this Act, the Commission shall exercise its functions independently of any person or body.<\/p>\n \u00a0<\/p>\n <\/a>9.\u00a0\u00a0\u00a0Board of the Commission.<\/p>\n \u00a0\u00a0\u00a0(1) The Commission shall be governed by a Board.<\/p>\n \u00a0\u00a0\u00a0(2) The Board shall consist of the following\u2014<\/p>\n \u00a0\u00a0\u00a0(a<\/i>)\u00a0\u00a0\u00a0a person with experience and knowledge in telecommunications, broadcasting or postal communications, who shall be the chairperson;<\/p>\n \u00a0\u00a0\u00a0(b<\/i>)\u00a0\u00a0\u00a0a representative of professional engineers recommended by the Institute of Professional Engineers;<\/p>\n \u00a0\u00a0\u00a0(c<\/i>)\u00a0\u00a0\u00a0one prominent lawyer who is a member of the Uganda Law Society;<\/p>\n \u00a0\u00a0\u00a0(d<\/i>)\u00a0\u00a0\u00a0a person knowledgeable in the field of economics, financial management and public administration;<\/p>\n \u00a0\u00a0\u00a0(e<\/i>)\u00a0\u00a0\u00a0a representative of the Ministry responsible for information and communications technology, who shall be an ex officio<\/i> member;<\/p>\n \u00a0\u00a0\u00a0(f<\/i>)\u00a0\u00a0\u00a0the Executive Director;<\/p>\n \u00a0\u00a0\u00a0(g<\/i>)\u00a0\u00a0\u00a0a representative of consumers recommended by the Uganda Consumers Association; and<\/p>\n \u00a0\u00a0\u00a0(h<\/i>)\u00a0\u00a0\u00a0one eminent person of good repute and proven integrity representing the public.<\/p>\n \u00a0\u00a0\u00a0(3) All members of the Board shall be appointed by the Minister with approval of Cabinet, one of whom shall be a person with disability and at least three of whom shall be women.<\/p>\n \u00a0\u00a0\u00a0(4) A member of the Board shall hold office on the terms and conditions specified in the instrument of appointment.<\/p>\n \u00a0\u00a0\u00a0(5) A member of the Board shall hold office for three years and shall be eligible for reappointment for only one further term.<\/p>\n \u00a0<\/p>\n <\/a>10.\u00a0\u00a0\u00a0Disqualification from appointment.<\/p>\n \u00a0\u00a0\u00a0A person shall not be appointed to the Board who\u2014<\/p>\n \u00a0\u00a0\u00a0(a<\/i>)\u00a0\u00a0\u00a0is engaged in an organisation which operates or provides communications services, directly or indirectly, as owner, shareholder, partner or otherwise;<\/p>\n \u00a0\u00a0\u00a0(b<\/i>)\u00a0\u00a0\u00a0is engaged in the manufacture or distribution of communications equipment in Uganda, directly or indirectly, as owner, shareholder, partner or otherwise;<\/p>\n \u00a0\u00a0\u00a0(c<\/i>)\u00a0\u00a0\u00a0has a financial or proprietary interest in an organisation referred to in paragraph (a<\/i>) or (b<\/i>);<\/p>\n \u00a0\u00a0\u00a0(d<\/i>)\u00a0\u00a0\u00a0is insolvent;<\/p>\n \u00a0\u00a0\u00a0(e<\/i>)\u00a0\u00a0\u00a0is incapacitated by mental or physical illness that renders the person incapable of performing the functions of a member of the Board;<\/p>\n \u00a0\u00a0\u00a0(f<\/i>)\u00a0\u00a0\u00a0is otherwise unable or unfit to discharge the functions of a member of the Board.<\/p>\n \u00a0<\/p>\n <\/a>11.\u00a0\u00a0\u00a0Vacating office of member of the Board.<\/p>\n \u00a0\u00a0\u00a0(1) A member of the Board shall vacate office, if the member\u2014<\/p>\n \u00a0\u00a0\u00a0(a<\/i>)\u00a0\u00a0\u00a0is declared insolvent;<\/p>\n \u00a0\u00a0\u00a0(b<\/i>)\u00a0\u00a0\u00a0is convicted of a criminal offence in respect of which a penalty of imprisonment of six months or more is imposed without the option of a fine;<\/p>\n \u00a0\u00a0\u00a0(c<\/i>)\u00a0\u00a0\u00a0is continuously and persistently unable to discharge the functions of the office of a member of the Board;<\/p>\n \u00a0\u00a0\u00a0(d<\/i>)\u00a0\u00a0\u00a0subsequently becomes disqualified from being a member under section 10;<\/p>\n \u00a0\u00a0\u00a0(e<\/i>)\u00a0\u00a0\u00a0fails to disclose to the Commission any interest that member has in a contract or proposed contract connected with the Commission or any other matter;<\/p>\n \u00a0\u00a0\u00a0(f<\/i>)\u00a0\u00a0\u00a0misbehaves or abuses the office of a member of the Board.<\/p>\n \u00a0\u00a0\u00a0(2) The Minister shall determine that a member vacates office under subsection (1).<\/p>\n \u00a0\u00a0\u00a0(3) A member of the Board may resign from office in writing to the Minister.<\/p>\n \u00a0\u00a0\u00a0(4) Where a member resigns, dies or is removed from office under this section, the Minister shall within three months and in accordance with section 9, appoint another person to replace the member, and to hold office for the remainder of the term of that member.<\/p>\n \u00a0<\/p>\n <\/a>12.\u00a0\u00a0\u00a0Meetings of the Board.<\/p>\n \u00a0\u00a0\u00a0(1) The Board shall meet at least once every three months for the purposes of discharging its functions.<\/p>\n \u00a0\u00a0\u00a0(2) The meetings of the Board shall be conducted in accordance with Schedule 3.<\/p>\n \u00a0<\/p>\n <\/a>13.\u00a0\u00a0\u00a0Remuneration of members of the Board.<\/p>\n \u00a0\u00a0\u00a0The members of the Board may be paid remuneration or allowances approved by the Minister in consultation with the Ministers responsible for public service and finance.<\/p>\n \u00a0<\/p>\n <\/a>14.\u00a0\u00a0\u00a0Committees of the Board.<\/p>\n \u00a0\u00a0\u00a0(1) The Board may appoint committees\u2014<\/p>\n \u00a0\u00a0\u00a0(a<\/i>)\u00a0\u00a0\u00a0to inquire into and advise the Board on any matter concerning the functions of the Commission;<\/p>\n \u00a0\u00a0\u00a0(b<\/i>)\u00a0\u00a0\u00a0to exercise the powers or perform a function of the Commission.<\/p>\n \u00a0\u00a0\u00a0(2) The Board shall establish a contents committee to oversee content matters under the Act.<\/p>\n \u00a0\u00a0\u00a0(3) A committee appointed under subsection (1) shall consist of a chairperson and other members of the Board, as the Board may determine.<\/p>\n \u00a0\u00a0\u00a0(4) A committee may invite any person to attend any of its meetings and may co-opt any person to the committee but that person shall not vote on any matter before the committee.<\/p>\n \u00a0\u00a0\u00a0(5) Members of a committee appointed under this section may be paid allowances as the Board may, with the written approval of the Minister, determine.<\/p>\n \u00a0\u00a0\u00a0(6) Subject to any direction given by the Board, a committee appointed under this section may regulate its own procedure.<\/p>\n \u00a0<\/p>\n PART III \u00a0<\/p>\n <\/a>15.\u00a0\u00a0\u00a0Secretariat of the Commission.<\/p>\n \u00a0\u00a0\u00a0(1) The Commission shall have a secretariat which shall be responsible for the day-to-day operations of the Commission and implementing the decisions of the Board.<\/p>\n \u00a0\u00a0\u00a0(2) The secretariat shall be headed by a full time Executive Director.<\/p>\n \u00a0<\/p>\n <\/a>16.\u00a0\u00a0\u00a0Executive Director.<\/p>\n \u00a0\u00a0\u00a0(1) The Executive Director shall be appointed by the Minister on the recommendation of the Board.<\/p>\n \u00a0\u00a0\u00a0(2) A person shall not be appointed executive director unless that person has relevant knowledge, qualification and considerable experience in either communications, economics, finance, law or administration.<\/p>\n \u00a0\u00a0\u00a0(3) The Executive Director shall hold office for five years, and shall be eligible for reappointment for only one further term.<\/p>\n \u00a0\u00a0\u00a0(4) A person shall cease to hold the office of Executive Director if that person\u2014<\/p>\n \u00a0\u00a0\u00a0(a<\/i>)\u00a0\u00a0\u00a0resigns;<\/p>\n \u00a0\u00a0\u00a0(b<\/i>)\u00a0\u00a0\u00a0is declared insolvent;<\/p>\n \u00a0\u00a0\u00a0(c<\/i>)\u00a0\u00a0\u00a0is convicted of a criminal offence in respect of which a penalty of imprisonment of six months or more is imposed without the option of a fine;<\/p>\n \u00a0\u00a0\u00a0(d<\/i>)\u00a0\u00a0\u00a0is removed from office by the Minister on the recommendation of the Board for\u2014<\/p>\n \u00a0\u00a0\u00a0\u00a0\u00a0\u00a0(i)\u00a0\u00a0\u00a0continuously and persistently being unable to discharge the functions of the office of Executive Director;<\/p>\n \u00a0\u00a0\u00a0\u00a0\u00a0\u00a0(ii)\u00a0\u00a0\u00a0failing to disclose to the Commission any interest in a contract or proposed contract or any other matter connected to the Commission; or<\/p>\n \u00a0\u00a0\u00a0\u00a0\u00a0\u00a0(iii)\u00a0\u00a0\u00a0misbehaviour or abuse of office.<\/p>\n \u00a0<\/p>\n <\/a>17.\u00a0\u00a0\u00a0Duties of the Executive Director.<\/p>\n \u00a0\u00a0\u00a0(1) Subject to this Act and to the general supervision of the Board, the Executive Director is the chief executive officer of the Commission and is responsible for\u2014<\/p>\n \u00a0\u00a0\u00a0(a<\/i>)\u00a0\u00a0\u00a0implementing the policies and programmes agreed upon by the Commission;<\/p>\n \u00a0\u00a0\u00a0(b<\/i>)\u00a0\u00a0\u00a0managing the funds and property of the Commission;<\/p>\n \u00a0\u00a0\u00a0(c<\/i>)\u00a0\u00a0\u00a0administering, organising and supervising the staff of the Commission;<\/p>\n \u00a0\u00a0\u00a0(d<\/i>)\u00a0\u00a0\u00a0keeping the Board informed of the activities of the Commission;<\/p>\n \u00a0\u00a0\u00a0(e<\/i>)\u00a0\u00a0\u00a0keeping record of all the transactions of the Commission.<\/p>\n \u00a0\u00a0\u00a0(2) In the performance of his or her duties, the Executive Director is answerable to the Board.<\/p>\n \u00a0<\/p>\n <\/a>18.\u00a0\u00a0\u00a0Secretary to the Commission.<\/p>\n \u00a0\u00a0\u00a0(1) There shall be a secretary to the Commission who shall be appointed by the Board on the terms and conditions specified in the instrument of appointment.<\/p>\n \u00a0\u00a0\u00a0(2) The secretary shall be responsible for taking all the minutes of the meetings of the Board.<\/p>\n \u00a0\u00a0\u00a0(3) The secretary shall perform all other duties and functions that the Board or the Executive Director may assign to the secretary.<\/p>\n \u00a0\u00a0\u00a0(4) The secretary shall, in the discharge of his or her duties, be answerable to the Executive Director.<\/p>\n \u00a0<\/p>\n <\/a>19.\u00a0\u00a0\u00a0Other officers and staff of the Commission.<\/p>\n \u00a0\u00a0\u00a0(1) There shall be officers and staff of the Commission as may be necessary for the effective performance of the functions of the Commission.<\/p>\n \u00a0\u00a0\u00a0(2) The officers and staff of the Commission shall be appointed by the Board on such terms and conditions as the Board shall determine.<\/p>\n \u00a0<\/p>\n <\/a>20.\u00a0\u00a0\u00a0Protection of members of the Board and officers of the Commission.<\/p>\n \u00a0\u00a0\u00a0A member of the Board or an officer of the Commission or a person acting on the directions of the Board or of an officer of the Commission is not personally liable for any act or omission done or omitted to be done in good faith in the exercise of functions under this Act.<\/p>\n \u00a0<\/p>\n PART IV \u00a0<\/p>\n Radio, Telecommunications and other Communications Licences.<\/p>\n \u00a0<\/p>\n <\/a>21.\u00a0\u00a0\u00a0Licence for radio communications.<\/p>\n \u00a0\u00a0\u00a0A person shall not, without a licence issued by the Commission\u2014<\/p>\n \u00a0\u00a0\u00a0(a<\/i>)\u00a0\u00a0\u00a0establish or use any radio station or provide radio communication services;<\/p>\n \u00a0\u00a0\u00a0(b<\/i>)\u00a0\u00a0\u00a0sell, let, hire or otherwise dispose of any radio communications apparatus;<\/p>\n \u00a0\u00a0\u00a0(c<\/i>)\u00a0\u00a0\u00a0manufacture, possess, install, connect or operate any radio communications apparatus or interference-causing apparatus.<\/p>\n \u00a0<\/p>\n <\/a>22.\u00a0\u00a0\u00a0Licence for telecommunications.<\/p>\n
UGANDA COMMUNICATIONS COMMISSION.<\/p>\n
SECRETARIAT AND STAFF OF THE COMMISSION.<\/p>\n
LICENSING OF COMMUNICATIONS.<\/p>\n
POSTAL SERVICES.<\/p>\n
VIDEO AND CINEMA OPERATORS.<\/p>\n
GENERAL PROVISIONS RELATING TO LICENCES.<\/p>\n
INVESTIGATION AND INSPECTIONS.<\/p>\n
FAIR COMPETITION AND EQUALITY OF TREATMENT.<\/p>\n
UGANDA COMMUNICATIONS TRIBUNAL.<\/p>\n
UGANDA POST LIMITED.<\/p>\n
FINANCIAL PROVISIONS.<\/p>\n
OFFENCES AND PENALTIES.<\/p>\n
MISCELLANEOUS.<\/p>\n
PRELIMINARY.<\/p>\n
UGANDA COMMUNICATIONS COMMISSION.<\/p>\n
SECRETARIAT AND STAFF OF THE COMMISSION.<\/p>\n
LICENSING OF COMMUNICATIONS.<\/p>\n