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Tanzania Telephone (Privately-Owned System) Regulations, 1993

Government Notice 88 of 1993

Tanzania Telephone (Privately-Owned System) Regulations, 1993
This is the latest version of this Government Notice.
Citation
Government Notice 88 of 1993
Primary work
Tanzania Communications Act
Date
31 July 2002
Language
English
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Tanzania
Tanzania Communications Act

Tanzania Telephone (Privately-Owned System) Regulations, 1993

Government Notice 88 of 1993

  • Published in Tanzania Government Gazette
  • Commenced
  • [This is the version of this document at 31 July 2002.]
  • [Note: This legislation was revised and consolidated as at 31 July 2002 and 30 November 2019 by 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. All subsequent amendments have been researched and applied by Laws.Africa for TANZLII.]

1. Citation

These Regulations may be cited as the Tanzania Telephone (Privately-Owned System) Regulations.

2. Interpretation

In these regulations, except where the context otherwise requires–"external electric supply line" means any line for the transmission of electricity for the purposes of the supply of light, heat, or power, where such line is outside any building;"licence" means a valid licence to construct, maintain and operate a privately-owned system;"non-crossing system" means privately-owned system, no telephone line of which crosses any public road, or any railway, or any telephone line other than a telephone line of such system, or any telegraph line or any external electrical supply line;"physical system" means any privately-owned system no part of which consists of, or is connected with, any radiocommunication apparatus;"privately-owned system" means any telephone apparatus constructed, maintained, operated and owned by any person for the purpose of his private business affairs;"public road" means any road to which the public has a right of access or which is habitually used by members of the public.

3. Licence to construct and operate system

(1)Subject to section 59(6) of the Act and this Regulation, every person desiring to construct, maintain and operate a privately-owned system shall apply in writing to the Director-General for a licence; and no person shall commence the construction of any such operation until the licence in respect thereof has been granted.
(2)Every application for a licence shall have attached full and detailed plans and specifications of the privately-owned system in respect of which the application is made and there shall be forwarded therewith the reasons for such construction and the appropriate fee.
(3)Every application for such a licence shall, within 15 days of a request in writing therefor, supply in writing to the Director-General such information in relation to the privately system for which the application is made as the Director-General may in such request require.
(4)The Director-General may in his discretion, grant or refuse such application and he may grant it subject to such conditions as may be specified in the licence:Provided that if the Director-General refuses the application he shall return to the applicant the fee forwarded with the application.
(5)It shall be a condition of every licence that an authorised officer may, at all reasonable times, enter any property on which a privately-owned system is constructed, maintained and operated and inspect such system.
(6)Every licence shall be in the form set out in the Schedule to these Regulations and shall expire on 31st December in each year; and such licence may, subject to regulation 6, be renewed on payment of the appropriate fee.

4. Exempting licence system from provisions of section 59(1) of the Act

(1)Subject to conditions specified in paragraph (2) of this regulation, there shall be exempt from the provisions of section 59(1) of the Act any privately-owned system which has been licensed under these Regulations:Provided that no licence for privately-owned system shall be issued unless the Director-General is satisfied that–
(a)the system is confined entirely within the boundaries of a property occupied by the owner of such system; and
(b)it is a non-crossing system; and
(c)it is a physical system.
(2)The conditions referred to in paragraph (1) of this regulation are–
(a)that before constructing any such privately-owned system the owner thereof shall give notice in writing to the Director-General of such proposed construction, specifying the property on which such system is to be constructed, stating the reasons for such construction and giving a general outline of the type and layout of such system;
(b)that the owner of such system shall within 30 days of a request in writing supply in writing to the Director-General, such information in relation to the system as the Director-General may in the request require;
(c)that an authorised officer may at all reasonable times enter such property and inspect such system;
(d)that such system shall not interfere in any way with the telephone services provided by the Corporation.
(3)Where there is any contravention of any condition specified in paragraph (2) of this regulation the Director-General may, by notice in writing to the owner of such privately-owned system inform such owner that such system shall, as from such date as may be specified in the notice, cease to be exempt from the provisions of section 59(1) of the Act.
(4)Where any privately-owned system which complies with the requirements of subparagraphs (a), (b) and (c) of paragraph (1) of this Regulation has been constructed, maintained and operated before the commencement of these Regulations, then such system shall be exempt from the provisions of subsection (1) of section 59 of the Act, subject, however, to compliance with the provisions of subparagraphs (b), (c) and (d) of paragraph (2) of this regulation and to the provision of paragraph (3) of this regulation.

5. Corporation not obliged to obtain permission or way-leave

Where a licence has been granted the Corporation shall not be responsible in any way for obtaining way-leave, permission or easement necessary for the construction, maintenance and operation of the privately-owned system, nor shall the Corporation be responsible in any way for any damage resulting to any person from the construction, maintenance and operation of such system.

6. Revocation or refusal of renewal

(1)The Director-General may at any time, by notice in writing to the holder of the licence, revoke such licence, as from a date to be specified in such notice, and the Director-General may refuse to renew any licence.
(2)Where the Director-General has revoked or has refused to renew any licence, then the owner of the privately-owned system shall within 30 days of the date on which the licence is revoked or expired as the case may be, dismantle such system, and if he fails to do so he shall be deemed to be maintaining and operating such system.

7. Alteration to be preceded by notice

Where the holder of a licence proposes to effect any alteration, other than normal maintenance repairs, to the privately-owned system referred to in such licence he shall, before effecting such alteration give 30 days, notice thereof to the Director-General and if, within such period of 30 days the Director-General objects to such alteration, such holder shall not effect such alteration or shall effect it only in accordance with such conditions as the Director-General may determine.

8. Omitted

[Omitted.]

9. Application of a licence

Where any privately-owned system, other than one to which regulation 3 applies, has been constructed, maintained and operated before the commencement of these Regulations, then the owner thereof shall within 30 days of such commencement apply in writing to the Director-General for a licence, and the provisions of this regulation other than those of paragraph (1) thereof, shall apply in such a case:Provided that pending the determination of any such application the owner of such system shall be deemed to be the holder of a licence in respect thereof.

10. Revocation

[Revokes the East African Telephone (Privately-Owned System) Regulations 1.]1E.A.C. L.N. No. 8 of 1970

Schedule

Licence to operate privately-owned system (Regulation 3(6))

[Editorial note: The forms have not been reproduced.]

History of this document

31 July 2002 this version
Consolidation
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