Radiocommunication Regulations, 2001

Government Notice 318 of 2001

Citation
Government Notice 318 of 2001
Primary work
Tanzania Communications Act
Date
31 July 2002
Language
English
Type
Legislation
Tanzania
Tanzania Communications Act

Radiocommunication Regulations, 2001

Government Notice 318 of 2001

  • Published in Tanzania Government Gazette
  • Commenced on 2 November 2001
  • [This is the version of this document at 31 July 2002.]
  • [Note: This legislation has been thoroughly revised and consolidated under the supervision of the Attorney General's Office, in compliance with the Laws Revision Act No. 7 of 1994, the Revised Laws and Annual Revision Act (Chapter 356 (R.L.)), and the Interpretation of Laws and General Clauses Act No. 30 of 1972. This version is up-to-date as at 31st July 2002.]

Part I – Preliminary provisions (regs 1-2)

1. Citation

These Regulations may be cited as the Radiocommunication Regulations.

2. Interpretation

In these Regulations, unless the context otherwise requires—"Act" means the Tanzania Communications Act1;1Cap. 302"amateur service" means radiocommunication service in which the transmissions are intended for the purpose of self-training, intercommunication and technical investigations;"amateur station" means a station in respect of which an amateur station licensee is authorised in the licence to use;"authorised officer" means any person authorised by the Commission to act on its behalf;"amateur" means an authorised person interested in radio techniques solely with a personal aim and without pecuniary interest;"Commission" means the Tanzania Communications Commission established under section 3 of the Act;"fixed service" means a radiocommunication service between specified fixed points;"land mobile service" means a mobile service between a base station and a land mobile station or between land mobile stations themselves;"licence" means any licence issued under the provisions of the Act;"licensee" means any person licensed by the Commission;"mobile service" means a radiocommunication service between mobile and land stations, or between mobile stations themselves;"network" means two or more stations operated by a person and used or intended to be used in communication with one another;"person" means any individual, firm, company, partnership, trust limited liability company, joint venture, institution, government entity or other entity;"private network" means a network which exists to meet the exclusive internal telecommunication needs of the licensee; by means of radiocommunication;"public fixed network" means a network which is accessible to any member of the public generally and which is used or intended to be used to provide fixed telecommunication services by means of radiocommunication;"public mobile network" means any public network that enables radiocommunication through the use of portable or mobile stations;"Radio Regulations" means the Radio Regulations annexed to the International Telecommunication Convention which the Government of Tanzania has ratified;"station" means a transmitter, receiver, a combination of transmitters and receivers or any accessory thereto which is used or intended to be used for radiocommunication;"user" means any person or body of persons who uses or operates a radiocommunication channel or frequency or runs telecommunication system or services referred to in the provisions of the Act.

Part II – General licensing conditions (regs 3-12)

3. Licence

(1)No person shall possess, establish, install or use any station in any place or on board any local vessel or aircraft or in any vehicle, unless he has a valid licence granted by the Commission.
(2)Notwithstanding the grant of any licence under the Act, in respect of any station, no person shall establish or operate any network unless he has a valid station or network licence granted by the Commission.

4. Station records

(1)A licensee of a network shall keep an up-to-date record of radiocommunication equipment comprised in the network; the record shall contain such information, to be kept in such a form, and be submitted to the Commission at such time of interval as the Commission may require.
(2)The licensee shall, at all reasonable times, permit an authorized officer to inspect station records and make copies of any entry in the records of a radio station.
(3)The licensee shall keep the station record in accordance with the format approved by the Commission.

5. Secrecy

(1)No person shall intercept or acquaint himself with the contents of any radiocommunication other than those transmitted for general information or for the information of licensees belonging to the same licensed network.
(2)Except as otherwise provided in these Regulations or by terms and conditions of a station or network licence, every person having access to radiocommunication shall hold strictly secret all radiocommunication, other than those transmitted for general information, which may pass through his hands or come to his knowledge.
(3)Every person having access to radiocommunication shall not, directly or indirectly, disclose the contents thereof except to a person entitled to become acquainted with the radiocommunication, an authorised officer or to a court of law and shall not make other use of such radiocommunication.
(4)No person having unauthorised access to radiocommunication shall print or publish or cause to be printed or published in any newspaper, pamphlet, book or document, any radiocommunication that may pass through his hands, or come to his knowledge whether such radiocommunication is for private or general reception.

6. Station and network used for lawful purpose

No person shall operate or use any station or network for or in furtherance of any unlawful purpose.

7. Restrictions on transmission

(1)No test, trial or practical transmission shall be permitted on transmission except in such circumstances as to preclude the possibility of interference with any other station or network.
(2)All tests, unless prior approval from the Commission has been obtained, shall be conducted on dummy load.
(3)No person shall transmit—
(a)any message containing indecent, obscene or offensive language;
(b)any message for an improper or illegal purpose;
(c)any message which interferes with the operation of any authorised station or network;
(d)any message which, to his knowledge is false or misleading and likely to prejudice the efficiency of any life-service or endanger the safety of any person or of a place or premises, vessel, aircraft or vehicle; or
(e)any superfluous signal by any station or network.

8. Safe operation of station or network

(1)A licensee shall ensure that a station or network is operated in a manner which is safe and which does not impair or interfere with—
(a)communication system of any Armed Forces; or
(b)the efficient and convenient working or maintenance of any other station or network, or telecommunication system or service licensed by the Commission.
(2)A licensee shall cease to operate his station or network and shall take any other immediate action when it has been informed by the Commission that the working of his station or network causes interference to radiocommunication.
(3)The licensee shall, where so directed by the Commission in writing, cease to operate any or all of the equipment comprised in his station for such period of time as may be required by the Commission for the purpose of investigation of interference to radiocommunication.
(4)The licensee shall screen or isolate all parts of the station or apparatus which may be dangerous so as to ensure safety of radiocommunication operators.

9. Inspection, examination or test

(1)For the purposes of ensuring that the Act, these Regulations and any conditions of a licence granted hereunder are complied with, an authorised officer shall be entitled, to enter any building, premises, compound or other place, vehicle, vessel or aircraft where a station or network is installed, or is being installed and may inspect, examine or test any equipment comprised therein.
(2)The owner or occupier of such building, premises, compound or other place, vehicle, vessel or aircraft shall allow the authorised officer to enter therein and inspect such station or network or equipment.

10. Inspection of licence, search or ceasure of radiocommunication equipment

(1)A duly authorised officer on his own or accompanied by an authorised police officer not below the rank of an inspector shall be entitled, upon production of proof by identity, to examine the licence of a station or network or, if it is not immediately available, require its production at the office of the Commission or a named police station within 24 hours.
(2)A duly authorised officer accompanied by an authorised police officer not below the rank of an inspector may search and seize any radiocommunication equipment which is found by him in any place, vehicle, vessel or aircraft without a licence.

11. Licensee to comply with international telecommunications convention

(1)A licensee shall comply with the provisions of the International Telecommunications Convention and any Regulations annexed thereto which the Government of Tanzania has ratified.

12. Charges for frequency usage

(1)In the case of radio frequency usage, the Commission may, where it considers it appropriate and in the interests of spectrum economy, charge frequency usage after taking note of the re-usability of the frequency, the area of coverage involved and the period of use of the assigned frequency.
(2)Multi-channel radiocommunication equipment used for transmitting or receiving in the radiocommunication network, shall be in accordance with the bandwidth of frequencies assigned.

Part III – Classes of licences (regs 13-33)

13. Aircraft station licence

(1)An aircraft station licence shall be granted only in respect of a commercial or privately-owned aircraft registered in Tanzania.

14. Duty of licensee in respect of equipment

(1)All equipment comprised in a station on board any aircraft shall be approved by the Director General of the Civil Aviation Authority of Tanzania and a certificate for such approval shall accompany the application for the licence.
(2)The licensee of a station on board an aircraft shall observe the provisions of the Radio Regulations made under the International Convention and any other local or international rules and regulations applicable to stations on board an aircraft.

15. Restrictions on use of aircraft station

(1)No station fitted in an aircraft shall be operated or used while such aircraft is at rest on land or on water in Tanzania except—
(a)where in time of emergency or distress;
(b)where communication by means of telecommunication line system is not available, for communication in exceptional circumstances on matters relating to air navigation and services with the nearest aeronautical station;
(c)where communication with such station is impracticable, with any other station; or
(d)for the purpose of carrying out experimental tests, with the written consent of and subject to such conditions as may be determined by the Commission; or
(e)for the purpose of carrying out functional tests to determine the serviceability of the station, provided that such tests shall not be carried out on international distress frequencies.

16. Amateur radio licence and station licence

(1)The Commission may subject to subregulations (2) and (3) grant licences for amateur radio service to such qualified or approved person interested in the operation of radiocommunication equipment.
(2)Licences granted under this regulation shall be classified as follows—
(a)General Class, for applicants aged twenty one years and above who are qualified to operate amateur radio equipment; and
(b)Restricted Class, for applicants aged between sixteen and twenty-one years.
(3)An amateur station licence shall only be granted to a natural person.

17. Conditions for amateur station licence

(1)An amateur station licensee shall observe and comply with the following conditions:
(a)to operate the station at locations approved by the Commission;
(b)to erect, fix, place and use the station and all equipment used or intended to be used by the licensee in a manner that do not interfere with the efficient and convenient working of other authorised stations;
(c)to identify himself by the transmission of the call sign assigned to him by the Commission at the beginning and at the end of each transmission being transmitted in short intervals;
(d)to ensure that any change in the approved location, equipment, mast or antenna system is approved by the Commission prior to the change being made;
(e)to obtain the approval of all relevant authorities before erecting any mast or antenna to be used in connection with the operation of the station;
(f)to keep a running record of whole transmission periods showing the date and time of each period of transmission, the frequency and time of emission employed, and preserve the record of each entry made for one year and being required to make these record available for inspection at reasonable time by an authorised officer.

18. Age restriction

(1)An amateur station licence shall not be granted to a person under the age of sixteen years.
(2)Any application for an amateur station licence by an applicant under the age of twenty one years shall be counter signed by the applicant's parent, guardian or any relative approved by the Commission.
(3)An amateur station licensee between the ages of sixteen and twenty-one years may only operate or use any amateur station if supervised by a qualified person approved by the Commission and who has agreed to supervise the licensee, and that qualified person shall ensure that the licensee observes and complies with all duties and obligations specified in the licence and in these Regulations.

19. Qualifications

(1)An applicant to qualify for an amateur station licence shall have to pass the Radio Amateur Examination set by the Commission or be in possession of an Amateur Radio Certificate acceptable to the Commission.
(2)The Commission shall set a fee payable for the Radio Amateur Examination which may be revised from time to time.

20. Prohibition on use of encryption devices

(1)An amateur station licensee may not make use of encryption devices or equipment in the operation encryption or use in any station.
(2)The licensee shall not connect power amplifier to his amateur radio station.

21. Restrictions on transmission

(1)Messages transmitted through an amateur station shall be in plain language and relate solely to amateur services.
(2)An amateur station shall not be used for transmitting news, advertisements, communications of a business or non experimental character, messages for pecuniary reward or messages for or on behalf of a third party.
(3)Except with the written permission of the Commission, no licensee of an amateur station shall call or transmit to any station other than an amateur station.
(4)Transmission shall not commence without listening in the frequency to be used in order to ascertain that no interference is likely to be caused to any other station which may be functioning.

22. Power of the commission to order transmission

The Commission may, in exceptional circumstance, by notice, in writing require the licensee to transmit any message by means of his licensed amateur station.

23. Portable station

The Commission may approve an amateur station as a portable or mobile stations, subject to such conditions as the Commission may impose.

24. Experimental station licence

(1)The Commission may grant an experimental licence to—
(a)educational institutions, training establishments or qualified persons as the Commission may determine, for the purpose of conducting research and development activities, experiments or demonstrations in radiocommunication; or
(b)licensed dealers in, or manufacturers or importers of, radiocommunication equipment for the purpose of testing, demonstration or conducting research and development in radiocommunication equipment.
(2)The Commission may limit the maximum power of a station in respect of which an Experimental Station Licence has been issued, having regard to the purpose for which the station has been authorised and the conditions under which it is to work.

25. General radiocommunication station licence

(1)The Commission may grant a General Radiocommunication Station Licence to the approved applicants for the purpose of enabling them to transmit, receive or transmit and receive messages by means of radiocommunication.
(2)The Commission may, in the interest of frequency spectrum economy or for any other reason, require a General Radiocommunication Station licensee to work and share with a common base station operated or licensed by the Commission or to share a frequency with another station, subject to any terms and conditions which the Commission may impose.
(3)The Commission may grant a General Radiocommunication Station Licence to an approved applicant for the purpose of navigating or detecting objects by means of radiocommunication.

26. Localised radiocommunication licence

(1)The Commission may grant a Localised Radiocommunication Station Licence to an approved applicant to use the following equipment—
(a)remote control devices;
(b)local area paging devices;
(c)wireless microphones;
(d)Citizen band transceivers (CB walkie talkies);
(e)telemetry or alarm systems or both;
(f)wireless data or voice systems;
(g)cordless telephones; or
(h)any other radiocommunication equipment as may be authorised by the Commission from time to time.

27. Sharing of frequencies

(1)The frequencies allocated to any localised radiocommunication station may be shared by other users and the Commission shall not be held responsible for any interference arising from such use.
(2)Licensees operating on shared frequencies shall accept any interference that may result from the legitimate operation of stations, including the operation of industrial, scientific and medical equipment, functioning in the Industrial Scientific and Medical Band.

28. Satellite communication station licence

(1)The Commission may grant the Satellite Communication Station Licence to enable the licensee to transmit and receive messages by means of satellite communication for such purposes as may be authorised by the Commission.
(2)The licence granted under this regulation shall be categorised as follows:
(a)Very Small Aperture Terminal licence;
(b)Tracking, Telemetry and Command Earth Station licence;
(c)Satellite Earth Station Licence;
(d)Transportable satellite receiver; and
(e)Inmarsat satellite terminals.
(3)A Satellite Communication Station licensee shall seek the approval of the Commission for access to any space segment and shall comply with the relevant rules, regulations and procedures imposed by the Satellite operator for station access, booking and fees.
(4)Unless exempted by the Commission, the licensee shall at all times comply with the provisions of the Radio Regulations annexed to the International Telecommunications Convention which the Government of Tanzania has ratified.

29. Restrictions to frequencies use

(1)A Satellite Communication Station licensee may use or work within the frequencies or frequency bands approved by the Commission for his use.
(2)Except with the written approval of the Commission, a satellite communication station licensee shall not use any satellite communication equipment to provide telecommunication services to the public.

30. Ship station licence condition

(1)A ship station licence may be granted by the Commission if—
(a)the ship has a valid internationally recognised Safety Radio Certificate;
(b)the station is operated by an appropriate number and category of radio operators holding a Certificate of Competency granted under the Radiocommunication (Certificates of Competency for Ship Station Operators) Regulations or by a competent local or foreign authority, except where the vessel is used solely or principally for pleasure purposes;
(c)the ship has an accounting authority acceptable to the Commission; and
(d)the ship complies with such other requirements as may be determined by the Commission from time to time.

31. Compliance with radio regulations or commission's requirements

(1)A ship station licensee shall provide on board a ship the following documents—
(a)a ship station licence;
(b)radio operator's certificate of competence; and
(c)any other documents as the Commission may determine from time to time.
(2)A ship station licensee shall comply with the working procedures set out in the Radio Regulations and with such other requirements as the Commission may determine.

32. Restrictions on use of equipment while in territorial waters

(1)No station on board a ship shall be used while the ship is within the territorial waters of Tanzania.
(2)Notwithstanding subregulation (1), a station on board a ship, whether licensed by the Commission or by a foreign competent authority, may be used while the ship is within the territorial waters of Tanzania for the purposes of:
(a)safety of navigation, life or property or for any other purpose as may be authorised by the Commission; and
(b)communication on such frequency bands as may be specifically authorised by the Commission, subject to such conditions as may be determined by the Commission, provided that the use of such station shall not cause interference to the working of any other authorised station or network.

33. Network radio station licence

The Commission may grant the following classes of radiocommunication licences for telecommunication network:
(a)private network services;
(b)public mobile network services;
(c)public fixed network services; and
(d)any other type of radiocommunication licence that may be determined by the Commission from time to time.

Part IV – Interference to telecommunications equipment, station network and systems (reg 34)

34. Control of interference to radiocommunication network

(1)An owner, licensee or user of electrical, electronic or radiocommunication equipment causing or suspected of causing interference or disturbance to telecommunication equipment, stations, networks or systems shall be required permit an authorised officer to inspect his equipment in order to determine whether the interference is in fact caused by his equipment.
(2)Where the Commission determines that interference or disturbance to telecommunication equipment, stations, networks or systems is caused by any particular electrical, electronic or radiocommunication equipment, it shall by notice in writing, direct the owner, licensee or user of that electrical, electronic or radiocommunication equipment to do, at his own expense, any one or more of the following:
(a)take suitable measures to eliminate or reduce the interference disturbance;
(b)remedy a fault in or the improper operation of the equipment;
(c)modify or alter the equipment installation; or
(d)disconnect the equipment.
(3)The Commission may require any action required to be taken under subregulation (2), to be effected within such period of time as the Commission may determine having regard to the circumstances of each case.
(4)Where the owner, licensee or user fails to comply with the directions issued by the Commission under subregulation (2) or (3), the Commission may, by notice in writing, prohibit the installation or use of that equipment unless and until such directions are complied with.
(5)A person who fails to comply with directions issued under this regulation commits an offence and he shall on conviction be liable to a fine of not less than the equivalent in Tanzania shillings of 1,500,000 USD and in case of a continuing offence, to a further fine of not less than the equivalent in Tanzanian shillings of 50,000 USD for every day or part thereof during which the offence continues after conviction.

Part V – Miscellaneous provisions (regs 35-38)

35. Compounding offences

An employee of the Commission duly authorised by name in that behalf by the Director General may, where any person admits in writing that he has committed an offence against these Regulations, compound such offence by collecting from that person a sum of money not exceeding fifty percent of the maximum amount of fine.

36. Offence

Any person who contravenes or fails to comply with any of the provisions of these Regulations commits an offence.

37. Penalty

Any person who commits an offence under these Regulations, and where no penalty is specifically provided upon conviction is liable to pay a fine of not less than the equivalent in Tanzanian shillings of 5,000 USD but not exceeding the equivalent in Tanzanian shillings of 10,000 USD.

38. Revocation

[Revokes the Tanzania Radio Call Service Regulations, the Tanzania Radiocommunications (Limitation of Radio Interference) Regulations, the Tanzania Radio-Communication Regulations, and the Tanzania Citizen Band Radiocommunication Regulations2.]2G.N.s Nos. 15 of 1992; 17 of 1992; 86 of 1993; 89 of 1993
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History of this document

31 July 2002 this version
Consolidation
02 November 2001
Commenced

Cited documents 1

Legislation 1
1. Tanzania Communications Act 6 citations

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