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Tariff Regulations, 2001

Government Notice 321 of 2001

Tariff Regulations, 2001
This is the latest version of this Government Notice.
Citation
Government Notice 321 of 2001
Primary work
Tanzania Communications Act
Date
31 July 2002
Language
English
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Tanzania
Tanzania Communications Act

Tariff Regulations, 2001

Government Notice 321 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 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 Tariff Regulations.

2. Interpretation

In these Regulations, unless the context otherwise requires—"dominant operator" means a monopoly postal or telecommunication operator with an economic strength and ability to prevent effective competition in a market by affording to it the power to behave, to an appreciable extent, independently of its competitors, customers and ultimately consumers;"tariff" means any charges by an operator of telecommunications or postal services;"tariff rebalancing" means the process of aligning the tariffs to the underlying cost of providing service.

3. Application

These Regulations shall apply to operators who provide postal telecommunication services.

4. General principal of tariff

(1)Tariffs shall be based on objective criteria and shall always be cost oriented.
(2)Tariffs shall be sufficiently unbundled, but additional features introduced to provide certain specific extra services shall be charged independently of the inclusive features and conveyance.
(3)Tariffs shall be non-discriminatory and shall guarantee equality of treatment.
(4)An operator may offer discount schemes on tariffs and shall be required to inform the Commission of any such scheme available to customers.
(5)An operator shall provide accurate billing information on tariffs and usage to enable for customers to verify whether or not they are billed correctly.
(6)No operator shall apply tariffs that prevent market entry or distant competition by applying tariffs below the underlying cost of providing the service without the Commission's approval.

5. Filing of tariffs

(1)A dominant operator shall file with the Commission for its approval, proposals in writing on new or revised tariffs, rates and charges it intends to apply for the use of its system and facilities in accordance with the procedure specified in its licence.
(2)Tariff proposals shall contain all relevant accounting and costing information required by the Commission concerning rates and charges for service including deposits, non-recurring charges, monthly charges as well as terms and conditions applicable to the provision of services and rights and remedies available to consumers in the event of unauthorised charges or other disputes or claims on billing or provision of service.

6. Filing of tariffs

An operator shall upon approval by the Commission ensure that the tariffs or charges are published in the public media within seven business days before they are effected and the costs of publication of the approved tariffs shall be born by the operator.

7. Tariff rebalancing

An operator shall be required to comply with any directive issued by the Commission on tariff rebalancing.

8. Tariff revision

Revision of tariffs may occur in the following manner, namely—
(a)operator's request of authorization by the Commission; or
(b)written directive issued by the Commission to the operator with a reasonable notice.

9. Appeal

(1)Where the Commission and the operator fail to reach agreement on the proposed tariff and counter proposal, an operator may appeal to the Commercial Court of Tanzania.
(2)An operator who fails to lodge an appeal against the decision of the Commission within thirty days of the said decision shall be deemed to have accepted the counter-proposal of the Commission.

10. Penalty

Any person who contravenes any provisions of these Regulations for which no penalty is provided shall be guilty of an offence and shall be liable on conviction to pay a fine of an equivalent in Tanzanian shillings of 8,000 USD.

History of this document

31 July 2002 this version
Consolidation
02 November 2001
Commenced
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