MAJOR PROVISIONS IN THE PROPOSED INFRASTRUCTURE LICENCES

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MAJOR PROVISIONS IN THE PROPOSED INFRASTRUCTURE
LICENCES

• BY
• JOANITA NAMPEWO
• LEGAL AND ENFORCEMENT OFFICER

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Contents of presentation.

• Enabling Provisions and Parties
• Legal Provisions
• Dispute resolution
• Complaint handling mechanism
• Penalties
• Technical Provisions
• Financial Provisions
• General Provisions

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Enabling Provisions and the Parties

• Uganda Communications Act, Cap 106
• S.24(c) No person shall without a Licence issued
  under this Act, construct, maintain or operate
  telecommunications apparatus
• S.33 Grant of a Licence - Considerations
• - Eligibility of the Applicant sound financial
  standing, capable of carrying out functions of an
  operator
• S. 34 Commission to prescribe terms and
  conditions as considered consistent with policy
  objectives and other circumstances as Commission
  may consider appropriate.

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Legal related provisions

• Term of Licence
• 15 year renewable
• Performance of Licensee to be considered before
  extension of for a further term
• Annual Renewal
• Licence
• Display of Certificate
• Infrastructure availability Within 12 months of
  execution of licence agreement
• Notice of intention to cease operations To be
  given within 45 days before ceasing

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Legal Provisions (contn)

• Adequate Records - Licensee to maintain adequate
  records and to deliver the Licensor a report on
  its operations as licensed in this license (S.
  48)
• Confidentiality - Licensee to treat in confidence
  all contents of communication and shall not
  disclose to any third party without a warrant
  from Court.
• Assignment/Transfer - Licence not to be assigned
  without prior written consent of Licensor (S.37)

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• Denial of Access or service - Operator not to
  deny access save for delinquency of payment of
  dues or for any other just cause (S.60)
• Equality of Treatment Operator to provide equal
  opportunity for access to same type and quality
  of service to customers at same tariff (S.61)
• Service Level Agreement Terms and conditions
  for the provision of licensed services to
  customers.

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Legal Provisions

• Amendment
• Licensee to be given notice before an amendment
  is proposed.
• Revocation
• In accordance with S.36 of the Uganda
  Communications Act but may be a result of
• - repeated breach of licence conditions
• - Fraud or intentional misrepresentation
• - Supporting activities amounting to treasonable
  offence under Penal Code
• - Where Operator has ceased to be an eligible
  person

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Penalties upon Default

• Contravention of any of the terms and conditions
  stipulated in the Licence Agreement shall attract
  a penalty as the Licensor may deem fit under the
  provisions of the Act, the Regulations and this
  Licence (S.5 power to impose a fine for
  unlawful possession, installation, connection or
  operations).

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Dispute Resolution Mechanism

• Licensee should have in place a mechanism for
  resolving disputes that may arise.
• Licensee should in all case try and resolve
  disputes that may arise with its operators,
  failure of which matters shall be referred to
  Licensor for amicable resolution.
• Any party dissatisfied with the Licensors
  decision may exercise its right of appeal.

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Complaints Handling Mechanism

• Within 60 days, submission of a document
  containing the complaints handling mechanism.
• Licensee to submit a quarterly report to Licensor
  summarising the complaints received and handled
  during that quarter.

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General Provisions

• Licence issued on a Non Exclusive Basis
• Licences are subject to modification if in public
  interest
• Review Licence terms in case of change of
  government policy in relation to sector
• Conformation to Cap 153 and other laws (National
  Environment Act Any project requires prior
  environmental assessment as it may affect the
  environment
• Force Majeure

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• THANK YOU FOR YOUR ATTENTION