INFORMATION AND COMMUNICATION TECHNOLOGIES ACT, 2009: SUBSIDIARY LEGISLATION

These Regulations shall apply to hotels, lodges, guest houses, hostels or any public house where there is no provision of a public payphone, but shall not apply to a person licensed to provide a public payphone of any kind.

4. Fee

A customer may charge a fee for the use of a telephone service calculated according to the formula described in the Schedule.

5. Offence

A customer who charges a fee above the value chargeable in the Schedule shall be committing an offence under section 21 of the Act.

SCHEDULE

[Regulations 4 and 5]

The chargeable value shall be calculated in accordance with the following formula:

Charge = Rate + (Rate x 0.25)

Where rate is the operator rate obtaining at the time for the call to that destination.

RADIO COMMUNICATIONS (FREQUENCIES) REGULATIONS

[Section 20]

Arrangement of Regulations

Regulation

1. Title

2. Interpretation

3. Conditions for licence

4. Allocation of frequencies

5. Limitation of frequencies

6. Rational, efficient and economic use of frequencies

7. Frequency economy

8. Frequency usage fee

9. Radio communication equipment

10. Licensee not to use unallocated or unassigned frequencies

11. Prohibition of use of station or network for unlawful purpose

12. Non-disclosure of radiocommunication

13. Restrictions on test, trial, etc.

14. Safe operation of station or network

15. Safety of radiocommunication installations, etc.

16. Control of interference to radiocommunication

17. Interference by medical equipment

18. Revocation of licence

SI 28 of 2003.

1. Title

These Regulations may be cited as the Radio Communications (Frequencies) Regulations.

2. Interpretation

In these Regulations, unless the context otherwise requires—

"Authority" means the Communications Authority established under the Telecommunications Act;

"Convention" means the International Telecommunication Convention signed at Nairobi on 6th November, 1982 or any other international telecommunication convention to which the Government is from time to time a party, and includes in either case any regulations or other subordinate instruments or provisions annexed thereto or made there under;

"dummy load" means a restrictive device connected to equipment to absorb power not intended for radiation;

"frequency" means radio frequencies or radio waves in the principal Act defined as "Hertzian waves";

"licence" means is a licence issued under section 6 of the Act;

"licence" means the holder of a licence issued under Part III of the Act;

"network" means two or more stations operated by a person and used for or intended to be used for purposes of communication between or among the stations;

"person" includes a partnership, firm, trust, joint venture and private or government entity;

"Radio Regulations" means the Radio Regulations annexed to the International Telecommunication Convention to which the Government is party;

"Station" means a transmitter, receiver, a combination of transmitters and receivers or any accessory thereto used for radio communication.

3. Conditions for licence

A licence shall comply with the following condition—

(a) operate the station at such location as may be approved by the Authority;

(b) erect, fit, place and use the station and equipment for use by the licensee in a manner that does not interfere with the efficient operation of other licensed stations;

(c) identity self by the transmission of a call sign assigned to the licence by the authority, at the beginning and end of each transmission made in short intervals;

(d) obtain the approval of all relevant authorities prior to the erection of any mast or antenna used in connection with the operation of a station;

(e) ensure any change in, or of, the approved location, equipment, mast or antenna system is approved by the Authority prior to making the change;

(f) keep a record of all transmissions indicating the date and time of each period of transmission, the frequency and time of emission employed;

(g) preserve for two years a record of each entry made in terms of paragraph (f) and upon being required so to do, produce such record for inspection by a telecommunication officer at any reasonable time; and

(h) comply with such other conditions as the Authority may determine.

4. Allocation of frequencies

The Minister may, subject to Regulation 5 allocate or assign to a licensee such frequencies as the Minister may, on the advice of the Authority, consider necessary.

5. Limitation of frequencies

(1) The Minister, on the advice of the Authority, shall in the allocation or assignment of frequencies, limit the number of frequencies to the minimum essential to provide, in a satisfactory manner, the necessary services.

(2) Where the Minister allocates or assigns frequencies—

(a) the Minister shall not confer on a licensee a monopoly of the use of the frequencies; and

(b) The allocation or assignment of the frequency shall not be construed as conferring an exclusive right in respect of such frequencies.

6. Rational, efficient and economic use of frequencies

(1) A licence shall, in a rational, efficient and economic manner, use any frequencies allocated or assigned to the licensee.

(2) A licence shall not transmit any superfluous signal or message by way of any station or network.

7. Frequency economy

The Minister may, on the advice of the authority, and in the interest of frequency economy require a licensee to share a frequency with another licensee, subject to such terms or conditions as the Minister may, on the advice of the Authority, determine.

8. Frequency usage fee

The Authority may, where it considers it appropriate and in the interest of economising on the use of a frequency, charge a frequency usage fee determined in consultation with the Minister and shall in so doing consider the—

(a) re-usability of the frequency;

(b) area of coverage involved ; and

9. Radio communication equipment

(1) For the purposes of these Regulations radio communication equipment used for transmitting or receiving signals or messages shall—

(a) be in accordance with technical specification approved by the Authority; and

(b) be appropriate for the frequencies allocated or assigned.

(2) A licensee shall keep an up-to-date record of the radio communication equipment in the station and network.

(3) The record kept under sub-regulation (1) shall—

(a) contain such information;

(b) be kept in such form; and

as the Authority may require.

(4) A licensee who contravenes sub-regulations (1) commits an offence under section 18 of the Act.

10. Licensee not to use unallocated or unassigned frequencies

(1) A licensee shall not use a frequency that has not been allocated or assigned to the licensee.

(2) The Authority shall not, in giving effect to the provisions of the convention or t the Radio Regulations, be responsible for any costs arising or necessitated by any changes to a station or otherwise.

11. Prohibition of use of station or network for unlawful purpose

(1) A person shall not operate or use any station or network for, or in a furtherance of, any unlawful purpose.

(2) A person shall not transmit any message—

(a) containing indecent, obscene or offensive language;

(b) for an improper or illegal purpose;

(d) which is false or misleading and likely to prejudice the efficiency of any emergency service or endanger the safety of any person, place, premise, vessel, aircraft or vehicle.

12. Non-disclosure of radiocommunication

(1) A person shall not intercept or acquaint that person’s self with the contents of any radiocommunication other than a radio communication transmitted for general information or for the information of licensees.

(2) Except as otherwise provided in these Regulations, any other law or the terms and conditions of a licence a person having access to a radiocommunication in the course of duty shall not disclose except to a person entitled to the disclosure, or use, of the radio communication, or use any radio communication, other than a radiocommunication transmitted for general information.

(3) A person having access to a radiocommunication shall not print, publish or cause to be printed or published any radiocommunication that comes to that person’s knowledge unless authorised so to do.

13. Restrictions on test, trial, etc.

(1) A test, trial or practical transmission shall not be transmitted except in such circumstances as may be necessary to preclude interference with another station or network.

(2) All tests shall, unless prior approval has been obtained from the Authority, be conducted on a dummy load.

14. Safe operation of station or network

A licensee shall ensure that a station or network is operated in a safe manner and does not impair or interfere with the—

(a) communication system of the Zambia Police Force or the Defence Force; or

(b) efficient and convenient operation or maintenance of any other station, network, telecommunication system or service licensed by the Authority.

15. Safety of radiocommunication installations, etc.

A licensee shall, in the event of any danger, screen or isolate all or any part of a station or apparatus so as to ensure the safety of radio communication installations, facilities, operators and the public.

16. Control of interference to radiocommunication

(1) An owner, licensee or user of electrical, electronic or radio communication equipment causing, capable of or suspected of causing interference or disturbance to telecommunication equipment, station, networks or systems shall not use that electrical, electronic or radio communication equipment.

(2) Where the Authority determines that interference or disturbance to telecommunication equipment, stations, networks or systems is caused by any particular electrical, electronic or radio communication equipment it shall, by notice in writing, direct the owner, licensee or user of that electrical, electronic or radio communication equipment to do, at own expense, any one or more of the following:

(a) remedy a fault in, or the improper operation of, the equipment;

(b) modify or alter the equipment installation;

(d) take other suitable measures to eliminate or reduce the interference.

(3) The Authority may require any action required to be taken under sub-regulation (2), to be effected within such period as the Authority 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 authority under sub-regulation (2) or (3), the authority may, notice in writing, pursuant to section 17 of the Act direct the owner licensee or user to cease using the radio station or radio or other equipment pending inquiry.

17. Interference by medical equipment

Notwithstanding Regulation 16, stations operating in a frequency shared with industrial, scientific and medical equipment shall accept interference caused by that equipment.

18. Revocation of licence

The Authority may revoke a licence if satisfied that the licensee has failed to comply with the Act and these Regulations.

RADIO COMMUNICATIONS (LICENCE FEES) REGULATIONS

[Sections 6, 7 and 20]

Arrangement of Regulations

Regulation

1. Title

2. Application

3. Licence fee

4. Revocation of S.I. No. 88 of 2001

FIRST SCHEDULE

SECOND SCHEDULE

SI 3 of 2008.

1. Title

The Regulations may be cited as the Radiocommunications (Licence Fees) Regulations.

2. Application

These Regulations apply to a person who applies for a licence under section 6.

3. Licence fee

An applicant shall submit, to the Authority, an application in respect of the relevant radiocommunication service the applicant intends to operate, accompanied by a licence fee set out in the First Schedule.

4. Revocation of S.I. No. 88 of 2001

The Radiocommunications (Licence Fees) Regulations, 2001 are hereby revoked.

FIRST SCHEDULE

[Regulation 3]

RADIOCOMMUNICATION LICENCE FEES

PART I
ANNUAL FEE

	Type of Station	Fee Units
1.	Citizen Band	166
2.	Disk Licence	139
3.	Cordless Telephone up to 200MTS	208
4.	Amateur	347
5.	Aircraft	697
6.	Maritime Coast Station	417
7	Maritime Ship Station	278
8.	Aeronautical (Commercial)	1389
9.	Cross Boarder	556
10.	Paging Receiver	167
11.	Aeronautical (non-Commercial)	417
12.	Repairs’ (non-Commercial)	1,389
13.	Base/Mobile Station on frequencies above 20 MHZ	347
14.	Fixed HF Exclusive frequency	694
15.	Fixed HF Shared frequency	483
16.	VHF Extra Frequency	138
17.	Broadcasting TV	27,778
18.	Broadcasting FM	13,889
19.	Broadcasting MW	13,889
20.	Broadcasting SW	13,889
21.	Application Processing Fee	206
22.	HF Extra Frequency Exclusive	206
23.	HF Extra Frequency Shared	167
24.	Paging (Commercial)	2,778
25.	Paging Basic Transmitter (non-commercial)	347
26	Satellite news gathering (SNG) per year	19,875
27.	Duplicate Licence	111
28.	Novice Amateur Licence	139
29.	Radio Model Licence	139
30.	Licence to Possess	111
31.	Satellite News Gathering –SKY	3,975
32.	Radio Telephone Operators Restricted Certificate (Land)	139
33.	Radio Telephone Operators Restricted Certificate (Maritime)	139
34.	Standard Frequency	139
35.	Radio Location	278
36.	Common Carrier Microwave Stations per transmitter	1,389
37.	Paging Alarm Transmitter	208
38.	Paging Base Transmitter (Commercial)	694
39.	Satellite Earth Station (commercial)	13,250
40.	Satellite Earth Station (non-commercial)	6,625
41.	Community Repeater	2,778
42.	GSM Spectrum per channel of 200KHz	23,889
43.	Other spectrum fee	As specified in the Second Schedule

PART II
INSPECTION FEES

Category	Fee Units (per inspection)
1. Installations	278
2. Equipment repairs workshop	278
3. installations and Equipment repairs Workshop	278

Notes:

1. Annual fees be paid annually on or before the anniversary date of the issuance of the licence.

2. All fees shall unless otherwise indicated herein, be subject to value added tax in accordance with the Value Added Tax Act, of the Laws of Zambia.

3. Costs for an inspection out of Lusaka shall include reasonable travel costs incurred for that inspection.

SECOND SCHEDULE

[Regulation 3]

Spectrum fee = fee factor multiplied by total bandwidth (MHz) multiplied by re-use factor multiplied by sharing factor, that is to say;

13S =F*B _{(MHz) *p * ä}

Where

S_{f–stands for spectrum fee;}

F–stands for the factor as set by the Authority and applied in accordance with the frequency band of the spectrum assigned;

B_{(MHz)–stands for the total assigned bandwidth in Mega Hertz;}

P–stands for the re-use factor; and

14ä – stands for the sharing factor; and where–

P=1 (one) for each specified region relating to which spectrum has been dedicated to a user and 9 (nine) in all cases where spectrum is dedicated to a user for the whole country; and where

ä=1 for each specified region relating to which spectrum has been dedicated to a user.

Notes:

(i) the re-use factor shall be the total number of the specified regions in which the spectrum assigned may be used;

(ii) the sharing factor be the inverse of the number of operators assigned the same spectrum in the same specified region; and

(iii) specified region shall refer to the area in which the assigned spectrum may be used.

INFORMATION AND COMMUNICATION TECHNOLOGIES (RESERVED SERVICES) ORDER

[Sections 22 and 91]

Arrangement of Paragraphs

Paragraph

1. Title

2. Interpretation

3. Declaration of reserved services

SCHEDULE

SI 111 of 2009.

1. Title

This Order may be cited as the Information and Communication Technologies (Reserved Services) Order.

2. Interpretation

In this Order, unless the context otherwise requires—

"mobile cellular services" means voice and data services to consumers over mobile cellular networks; and

"public switched telecommunications services" means voice and data services offered to consumers over public switched telecommunications networks.

3. Declaration of reserved services

The services set out in the Schedule to this Order are hereby declared reserved services for the period therein.

SCHEDULE

[Paragraph 3]

Type of Service	Period Reserved
1. The provision of mobile cellular service	Five years from the date of publication of this Order
2. The provision of public switched telecommunications services	Five years from the date of publication of this Order

RADIO COMMUNICATIONS (ALLOCATION OF FREQUENCIES) (REVOCATION) ORDER

[Section 91]

Arrangement of Paragraphs

Paragraph

1. Title

2. Revocation of S.I. No. 63 of 2004

SI 24 of 2010.

1. Title

These Regulations may be cited as the Radio Communications (Allocation of Frequencies) (Revocation) Order.

2. Revocation of S.I. No. 63 of 2004

The Radio Communications (Allocation of Frequencies) Regulations, 2004, are hereby revoked.

INFORMATION AND COMMUNICATION TECHNOLOGIES (NATIONAL NUMBERING PLAN) REGULATIONS

[Section 55]

Arrangement of Regulations

Regulation

PART I
PRELIMINARY

1. Title

2. Interpretation

3. Application

PART II
NATIONAL NUMBERING PLAN

4. Administration of numbering resources

5. Application for assignment

6. Consideration of application for assignment of numbers

7. Assignment of numbers

8. Terms and conditions for use of assignment

9. Reservation of numbering resources

10. Notification by resources user

11. Withdrawal of numbers

12. Annual numbering return

13. Publication of annual on numbering report

14. Maintenance of telephone directory by resource user

15. Designation of short codes

16. Carrier identification codes

17. Prescribed Fees

FIRST SCHEDULE

SECOND SCHEDULE

Act 15 of 2009,

SI 29 of 2010.

PART I
PRELIMINARY

1. Title

These Regulations may be cited as the Information and Communication Technologies (National Numbering Plan) Regulations.

2. Interpretation

In these Regulations, unless the context otherwise requires—

"allocated" means the status of a block assigned to a resource user for a particular purpose;

"allocated for migration only" means the status of a block allocated for a temporary period during migration from one numbering scheme to another;

"allocation" means the broad definition of categories of telephone numbers and codes determined by the Authority in the National Numbering Plan, according to various classifications of services, resource users, and applications to which different numbering groups are applied;

"allocation certificate" means a formal document of the allocation of a block to a resource user for a particular purpose;

"annual numbering report" means a report produced by the Authority on an annual basis that summarises the current position regarding the national numbering plan;

"annual numbering return" means information supplied by a resource user annually to the Authority under Regulation 12;

"Authority " means the Zambia Information and Communication Technology Authority continued under section 4 of the Act;

"code block" means a sequence of contiguous numbers used as a basis for allocating codes to resource users;

"country code" means the combination of one, two or three digits that identifies a specific country or countries in an integrated numbering plan or a specific geographic area;

"National Numbering Plan" means a document issued by the Authority that specifies a structure which designates specific numbers or number ranges and the use to which they may be put and sets out policies and rules for the allocation and use of numbers in Zambia;

"resource user" mean a license who is eligible to be assigned numbers or codes under these Regulations, or a third party re-seller of numbering related services, as determined by the Authority; and

"short code" means short, generally memorable three to five number that allow end-users access to a wide range of services.

3. Application

These Regulations apply to the allocation and use in Zambia of numbers in the National Numbering Plan administered by the Authority.

PART II
NATIONAL NUMBERING PLAN

4. Administration of numbering resource

The Authority shall be responsible for the primary assignment of numbers to resource users in accordance with the allocation categories identified in the National Numbering Plan.

5. Application for assignment

(1) A resource user shall apply for the assignment or reservation of numbering resources in Form I set out in the First Schedule.

(2) An application for the assignment of numbers shall, except with the approval of the Authority, be made at least 60 days before the planned in service date.

(3) The Authority shall determine an application for the assignment of numbering resources within a period of 30 days from the receipt of the application.

(4) The Authority may request for additional information from an applicant as the Authority may consider necessary for purposes of these Regulations in Form II set out in the First Schedule.

(5) In counting the 30 days referred to in sub-regulation (3), no account shall be taken of the period in which the Authority requests for more particulars or information under sub-regulations (4).

6. Consideration of application for assignment of numbers

(1) The Authority shall reject an application for an assignment of numbering resources where—

(a) the applicant has not used the previous assignment of numbers in an efficient manner or has mismanaged the assigned numbers; or

(b) the application does not meet the requirements of these Regulations.

(2) The Authority shall, where it rejects an application, partially grants an application or attaches any conditions to an allocation of numbers, inform the applicant in Form III set out in the First Schedule.

7. Assignment of numbers

(1) The Authority may approve an application under these Regulations with or without any conditions.

(2) The Authority shall assign the numbering resources in proportion to the needs of the applicant and in a transparent and equitable manner, with priority in the assignment of the available numbering resource being given on the basis of the order of receipt of the applications.

(3) The Authority may, in consultation with an applicant, make an alternative assignment of numbers on the application that meets the applicant’s requirements.

(4) The Authority may determine, on a case by case basis, the quantity of number assignments required for particular resource users, based upon demonstrated end-user demand.

(5) The Authority shall assign the numbers in an opened block prior to the numbers in any un-opened block.

(6) The Authority may, upon the request of a resource user, assign separate blocks of numbers to the resource user, where the Authority determines that the assignment would enhance market competition and not unduly diminish the non-discriminatory availability of numbering resources.

(7) The Authority shall, upon the grant of an assignment, issue a resource user with an allocation certification in Form IV set out in the First Schedule.

8. Terms and conditions for use of primary assignment

(1) A resource user shall use the numbers assigned for the purpose specified in the application.

(2) Subject to such modifications as the Authority may determine on number portability, any numbers assigned to a resource user shall remain under the control of the resource users.

(3) The Authority may, at the time of assigning the numbering resources, or at any time thereafter, impose conditions on the use of the numbering resources where it considers that it is necessary or reasonable to do so in the interest of the National Numbering Plan.

(4) Any conditions imposed under sub-regulations (3) shall be consistent with these Regulations and relate only to the use and management of the assigned numbering resources.

9. Reservation of numbering resources

(1) The Authority may reserve numbering resources where—

(a) a resource user does not wish to be identified by the public at the time of the application;

(b) the reason for the application is commercially-sensitive at the time of the application;

(d) a matter in respect of which the numbering resources are required has not been finalised; or

(e) a resource users anticipates that an application will be made for numbering capacity.

(2) The Authority shall, where it makes a reservation of any numbering resources under this regulation, determine an application for the assignment of the reserved numbering resources in accordance with regulation 6.

(3) A resource user may apply for the reservation of numbering resources in Form I set out in the First Schedule where—

(a) the resource user has applied for a licence under the Act; or

(b) a route for migrating numbers from another block or code needs to be identified.

(4) The Authority shall, within a period of 30 days from the receipt of an application under sub-regulation (2), determine the application and inform the applicant of its decision.

(5) Except for the purpose for which, and to the person by whom, the reservation of numbering resources is made under this regulation, where a reservation of numbering resources is made, the numbering resources shall not be available for assignment to any other person for the period of the reservation.

(6) The reservation of numbering resources under this regulation does not guarantee that a corresponding assignment shall be made.

(7) Unless longer reservation is needed for the effective management of the National Numbering Plan, the limit for reservations for fixed and mobile ranges of numbers shall be six months.

(8) A reservation may be renewed with the approval of the Authority.

(9) The Authority may terminate a reservation awarded to a person who has applied for a license under the Act where the person does not meet the criteria for the assignment of numbers within such period as the Authority may determine.

(10) The Authority shall make public all applications for reservations in the same manner as for number allocation, except where an applicant request otherwise.

10. Notification by resource user

A resource user shall notify the Authority, other resource users and all the institutions involved in the administration of the National Numbering Plan of the dates on which the resource users activates the assigned numbers and codes within the time-scales agreed with the other resource users.

11. Withdrawal of numbers

(1) The Authority shall withdraw the assigned numbers from a resource user where—

(a) the resource user misuses, hoards or deals with the numbers in an illegal manner;

(b) the resource user contravenes the Act or these Regulations; or

(2) The Authority may, in consultation with other stakeholders and any end-user who is likely to be affected by the withdrawal, withdraw any number in use by a resource user.

12. Annual numbering return

(1) A resource user shall, within 30 days of the end of the calendar year, submit an annual numbering return to the Authority in Form V set out in the First Schedule.

(2) An annual numbering return submitted under sub-regulation (1) shall accurately reflect the status of the numbering resources assigned to the resource user by the end of the prior calendar year.

(3)The Authority shall consolidate the date collected from the annual numbering returns submitted under this regulation in a non-commercially sensitive form in the annual numbering report.

13. Publication of annual numbering report

(1) The Authority shall annually publish, in a daily newspaper of general circulation in Zambia and on its website, an annual numbering report containing information relating to—

(a) the numbering resources allocated by the Authority;

(b) the recipients of the numbering resources;

(c) the conditions for use of the numbering resources which do not relate to any confidential or commercially-sensitive data; and

(d) the status of each resource indicating whether it is free, reserved, assigned or unavailable and the period of unavailability.

(2) The Authority shall update on its website the information referred to in sub-regulation (1) at least every six months.

14. Maintenance of telephone directory by resource user

(1) A resource user shall maintain a directory of all telephone numbers assigned to the resource user’s subscribers, with the exception of pre-paid service customers for which listings information is not practically available.

(2) A resource user shall, upon request by any other resource user or directory publisher, provide a full list of numbers maintained by the resource user.

(3) An end-user may request a resource user not to publish the end-user’s telephone number or to avail it for any directory publication or inquiry.

(4) A resource user or directory publisher shall not publish a telephone number without the approval of the subscriber, except where the publication of such information is authorised under any other law.

PART III
SHORT CORDS AND OTHER NUMBERS

15. Designation of short codes

(1) The Authority may, in accordance with the National Numbering Plan, determine national uniform short codes to be used by all or any class of resource users in order to access emergency or inquiry services.

(2) The National Numbering Plan shall include distinctions of Type A, Type B and Type C short codes to be associated with various types of resource user and service, in a manner consistent with the requirements of the National Numbering Plan.

16. Carrier identification codes

(1) A resource user may apply to the Authority in Form I set out in the First Schedule for a carrier identification code within the appropriate range that the resource user wishes to be assigned and in line with the designations in the National Numbering Plan.

(2) The Authority may assign a resource user a different code to the one applied for where it determines that the assignment applied for or the preference of the applicant shall—

(a) violate the National Numbering Plan;

(b) not be consistent with these Regulations;

(d) cause interference; or

(e) bring significant and unfair competitive advantage to any person.

(3) The Authority shall, where there is competition for a particular carrier identification code, organise a transparent and equitable lottery under which the code in question shall be awarded.

17. Prescribed fee

The fees set out in the Second Schedule are payable in respect of the matters specified therein.

FIRST SCHEDULE

[Regulations 5(1), 5(4), 6(2) 7(7), 9(3), 12(1) and 16(1)]

(LOGO)

(To be completed in triplicate)

FORM 1

[Regulation 5(1), 9(3) and 16(1)]

THE ZAMBIA INFORMATION AND COMMUNICATION TECHNOLOGY AUTHORITY

INFORMATION AND COMMUNICATION TECHNOLOGIES ACT

The Information and Communication Technologies (National Numbering Plan) Regulations, 2010.

APPLICATION FOR NUMBER ASSIGNMENT/RESERVATION/CARRIER IDENTIFICATION CORD

() 1 () individual or	Shaded fields for official use only	Licence code
( ) class licence (Tick as appropriate)	Date/Time
Information Required	Information Provided
1. Type of Service
2. Application Type (Tick as appropriate) Reservation only*	[ ] Allocation [ ] De-allocation [ ] Reservation
	[] Commercially Sensitive*	[ ] Commercially non-sensitive*	[ ] Carrier Identification code
3. (a) Name(s) of Applicant(s)
(b) Type of Applicant	Individual	Company	Partnership
4. (a) Nationality
(b) Identity Card
(National Registration Card No. or Passport No.) – Attach certified copies
5. (a) Notification address
Tel:
Fax:
E-mail
(b) Information of contact person authorised to represent the applicant
Tel:
Fax:
E-mail
6 (a) Company name
(b) Company address
(c) Company registration No. (Attach certified copies of certificate of registration)
(d) Shareholders	Shareholder	Shares held	Nationality	NRC/ Passport No.





(e) Directors	Director	Address	Shares held	Nationality	NRC/ Passport No.





(f) Partners
7. Previously held numbers in Zambia, if any, by applicant issued under the information and Communication Technologies Act, 2009	Number (Type and Number Range) (a) (b) (c) (d) (e) (f)
8. Currently held numbers in Zambia, if any, by applicant issued under the information and Communication Technologies Act, 2009	Number (Type and Number Range)
From		To		Inclusive (Tick as applicable)
(a) (b) (c) (d)		(a) (b) (c) (d)		[] [] [] []
9. Currently held numbers in Zambia, if any, by subsidiary under the Information and Communication Technologies Act, 2009	Number (Type and Number Range)
From		To		Inclusive (Tick as applicable)
(a) (b) (c) (d)		(a) (b) (c) (d)		[] [] [] []
10	Have you ever applied for a number assignment in Zambia? If yes, please give details below
	Number Assignment applied for (Tick as applicable	Geographic	Non-geographic	Special	Premium	Other

11	Details of Numbers requested
	Number Assignment applied for (Tick as applicable	Geographic	Non-geographic	Special	Premium	Other

	(b) Brief description
(c) Date required
(d) Range of numbers requested

12	1>st> Choice	To		Inclusive
2>nd> Choice	To		Inclusive
3>rd> Choice	To		Inclusive
Appendices*
Appendix No. 1 Details of commercially sensitive information to enable Authority to make an assessment on the merits.
Appendix No. 2 Detailed description of intended use
Appendix No. 3 Investment certificate issued by the Zambia Development Agency, where applicable.
Appendix No. 4 Such other information which the Authority may require.

*The information required to be included in the various appendices

Note:

If an allocation or part of an allocation is not brought into service within six months from the date of allocation, it shall be withdrawn by the Authority.>

Reservations will lapse after six months unless covered by an application for an allocation or a further period of reservation.>

DECLARATION

1/We declare that all the particulars and information provided in this application are complete, correct and true and I/we agree that in the event that any of the said particulars and information provided is found to be untrue or fraudulent, the assignment/reservation will be revoked.

I/we agree that in the event of the revocation of the assignment/reservation, any fee paid to the Authority in respect of the same shall be forfeited. I/we declare that in the event that the nature of my/our business changes, or I/we no longer carry out operations in terms of the assignment/reservation.

I/we will notify the Authority in which case my/our assignment/reservation may be revoked or revised.

Declared at………………….this……………………day of………..20………….by the following persons who are duly authorised to sign for and on behalf of the applicant under the authority of the Power of Attorney or Board Resolution which is hereby attached.

…………………………………… ……………………………

Applicant’s name Date

......................................................

Applicant’s signature

FOR OFFICIAL USE ONLY

Received by:…………………………………………………… RECEIPT No.

Officer

Date Received:……………………………..

Amount Received:………………………….

Serial No. of application:…………………..

STAMP

(LOGO)

FORM II

[Regulation 5(4)]

THE ZAMBIA INFORMATION AND COMMUNICATION TECHNOLOGY AUTHORITY

INFORMATION AND COMMUNICATION TECHNOLOGIES ACT

The Information and Communication Technologies(National Numbering Plan) Regulations, 2010

REQUEST FOR FURTHER PARTICULARS

(1) Here insert the full names and address of applicant

(2) Here insert type of application

(3) Here insert reference No. of application.

To (1)……………………………………………….in relation to your application for (2)……………………………………..with reference number (3)………………………………….you are hereby requested to furnish the following information or documents in respect of your application for………………………………………………………...
(a)……………………………………………………………………..
(b)…………………………………………………………………….
(c)…………………………………………………………………….
(d)…………………………………………………………………….
within ………………..days. If you fail to furnish the requested information within the stipulated period, your application will be treated as invalid and shall be rejected.
Dated this…………….day of…………………….20…………………
(4)………………………………… Director-General

(LOGO)

FORM III

[Regulation 6(2)]

THE ZAMBIA INFORMATION AND COMMUNICATION TECHNOLOGY AUTHORITY

INFORMATION AND COMMUNICATION TECHNOLOGIES ACT

The Information and Communication Technologies(National Numbering Plan) Regulations, 2010

NOTICE OF REJECTION/PARTIAL GRANT OF APPLICATION

To (1)………………………………………………………………………………………

………………………………………………………………………………………………

In relation to your application for (2)…………………………………….with reference number (3)……………………………………………………………………….you are hereby notified that your application has been rejected/partially granted on the following grounds/conditions*:

(a) ………………………………………………………………………………………

(b) ………………………………………………………………………………………

(d) ………………………………………………………………………………………

Dated this………………………….day of………………………………….20……….

…………………………………………

Director-General

*Delete as applicable.

(LOGO)

FORM IV

[Regulation 7(7)]

THE ZAMBIA INFORMATION AND COMMUNICATION TECHNOLOGY AUTHORITY

INFORMATION AND COMMUNICATION TECHNOLOGIES ACT

The Information and Communication Technologies (National Numbering Plan) Regulations, 2010

ALLOCATION CERTIFICATE

CERTIFICATE No…………..

Holder’s name:……………………………………………………………………………...

Address:…………………………………………………………………………………….

Numbers

Assigned (Tick

as applicable)

Geographic

Non-

geographic

Special

Premium

Other

Type and Number range

From
(a)

(b)

(c)

(d)

(a)

(b)

(c)

(d)

Inclusive (tick as applicable)

[]

The assignment/reservation/carrier identification code is valid from………….day of……………….to the ……………day of……………20………..

The conditions of grant of the licence are as shown in the Annexure attached hereto.

……………………………………….

Director-General

ENDORSEMENT OF REGISTRATION

This licence has this…………………………….day of……………………………………………been registered in the Register.

……………………………………

Director-General

FORM V

[Regulation 12(1)]

(LOGO)

THE ZAMBIA INFORMATION AND COMMUNICATION TECHNOLOGY AUTHORITY

INFORMATION AND COMMUNICATION TECHNOLOGIES ACT

The Information and Communication Technologies(National Numbering Plan) Regulations, 2010

ANNUAL RETURN


( ) Individual or ( ) class Licence (Tick as appropriate)	Shaded fields for Official use only	Licence code
Date/Time
Information Required	Information Provided
1. Type of service
2. (a) Name(s) of Licence holders(s)

(b) Type of licence holder	Individual		Company	Partnership
Review period:
Item	Number

No. of Subs programmed in HLR
No. of Active Subs
No. of Subs in Frozen State
No. of Subs in Frozen State Recycled
No. of SIM packs in stock with numbers pre-allocated
No. of SIM packs in stock without numbers pre-allocated
No. of SIM packs on order
Uptake for the year (No. of SIM packs sold)

Number Block Utilisation
One million number block (09A Bxxxxxx)	per cent Utilisation








Short code leading digit	Digit length	Number
1	3
4
5
2	3
4
5
3	3
4
5
4	3
4
5
5	3
4
5
6	3
4
5
7	3
4
5
8.	3
4
5
9.	3
4
5

SECOND SCHEDULE

[Regulation 17]

PRESCRIBED FEES

	Item	Fee Mode	Fee Units
1	Registration Fees
	All other categories	-	40, 000
	Carrier pre-selection	-	200, 000
2	Annual Fees
	Subscriber Number (C)*	-	1
	Annual Fee (FA)	Annual fee formula	-
	Annual Return		223
3	Other Codes
	Mobile Network Code (MNC)	-	20, 000
	National Destination Code (NDC)	-	20, 000
	International Signalling Point Codes (ISPCs)	-	20, 000
	National Signalling Point Codes (SPCs)	-	20, 000
	Network Colour Codes	-	20, 000
	SIM Headers	-	10, 000
	Service Numbers (Freephones, Premium)	-	10, 000
	Carrier Selection Codes	-	100, 000
4	Short Codes	-
	3 digits	-	100, 000
	4 digits	-	60, 000

NOTES:

1. Registration fees are on-off fees to be paid to the Authority at the lodging in of the application for individual number assignment or reservation.

2. The assignee shall pay annual fees as shown in the table.

* The subscriber number (C) fee set out in the table shall be the applicable fee for the purpose of determination of the annual numbering fee formula, where C=1 fee unit.

ANNUAL NUMBERING FEE FORMULA

3.For resource user’s individually assigned number blocks, the payable annual fees shall be calculated as per equation below.

FA = B x C, where—

a. FA is the annual numbering fee to be paid by resource user.

b. B is the total number block assigned, allocated to the resource user.

c. C is the fee for each subscriber number in the assigned number block allocated to the resource user.

INFORMATION AND COMMUNICATION TECHNOLOGIES (ELECTRONIC COMMUNICATIONS) (LICENSING) REGULATIONS

[Section 91]

Arrangement of Regulations

Regulation

PART I
PRELIMINARY

1. Title

2. Interpretation

PART II
LICENSING PROVISIONS

3. Application for network licence

4. Application for service licence

5. Application by agent

6. Request for further particulars

7. Network and service licence

8. Rejection of application by Authority

9. Appeals

10. Application to transfer licence

11. Application to vary licence

12. Application for renewal

13. Suspension or revocation of licence

14. Fees

SCHEDULE

SI 35 of 2010.

SI 47 of 2017.

PART I
PRELIMINARY

1. Title

These Regulations may be cited as the Information and Communication Technologies (Electronic Communications) (Licensing) Regulations.

2. Interpretation

In these Regulations, unless the context otherwise requires—

"licence" means a licence obtained under regulation 7;

"network licence" has the meaning assigned to it in the Act;

"service licence" has the meaning assigned to it in the Act.

PART II
LICENSING PROVISIONS

3. Application for network licence

An application for a network licence shall be made to the Authority in Form I set out in the Schedule.

4. Application for service licence

An application for a service licence shall be made to the Authority in Form II set out in the Schedule.

5. Application by agent

An agent who makes an application on behalf of another person shall submit, with the application, Form III set out in the Schedule.

6. Request for further particulars

A request for further particulars shall be made in Form IV set out in the Schedule.

7. Network and service licence

(1) A network licence shall be in Form V set out in the Schedule.

(2) A service licence shall be in Form VI set out in the Schedule.

8. Rejection of application by Authority

The Authority shall, where the Authority rejects an application for a licence, inform the applicant of the rejection in Form VII set out in the Schedule.

9. Appeals

An appeal against the refusal of the Authority to approve an application for a licence shall be made to the Tribunal in Form VIII set out in the Schedule.

10. Application to transfer licence

(1) An application to transfer a licence shall be made to the Authority in Form IX set out in the Schedule.

(2) An application to transfer a licence shall be accompanied by an application for a licence, made by the prospective transferee.

(3) The Authority shall, where the Authority—

(a) rejects an application to transfer a licence, endorse the rejection on the licence; and

(b) grants an application to transfer a licence, endorse the grant on the licence.

11. Application to vary licence

(1) An application to vary or amend the terms and conditions attached to a licence shall be made to the Authority in Form X set out in the Schedule.

(2) The Authority shall, where the Authority—

(a) rejects an application to vary or amend the terms and conditions attached to a licence, endorse the rejection on the licence; and

(b) grants an application to vary or amend the terms and conditions attached to a licence, endorse the grant on the licence.

(3) The Authority may, by notice given in Form XI set out in the Schedule vary or amend the terms and conditions attached to a licence.

12. Application for renewal

(1) An application for the renewal of a licence shall be made to the Authority in Form XII set out in the Schedule.

(2) The Authority shall, where the Authority—

(a) rejects an application for renewal of a licence, endorse the rejection on the licence; and

(b) grants an application for renewal of a licence, endorse the grant on the licence.

13. Suspension or revocation of licence

The Authority shall suspend or revoke a licence in Form XIII set out in the Schedule.

14. Fees

The fees set out in the Information and Communication Technologies (Fees) Regulations, 2017, are the prescribed fees for purposes of these Regulations.

[Reg 14 subs by reg 2 of SI 47 of 2017.]

SCHEDULE

[Regulations 3, 4, 5, 6, 7, 8, 9, 10, 11, 12 and 13]

FORM I

[Regulation 3]

(To be completed in triplicate)

THE ZAMBIA INFORMATION AND COMMUNICATION TECHNOLOGY AUTHORITY

INFORMATION AND COMMUNICATION TECHNOLOGIES ACT, 2009

The Information and Communication Technologies (Electronic Communications) (Licensing) Regulations, 2010

APPLICATION FOR A NETWORK LICENCE

( ) individual or ( ) class licence (Tick as appropriate)	Shaded fields for official use only	Licence code
	Date/Time
Information Required	Information Provided
1	Type of network
2	(a) Name(s) of Applicant(s) (b) Type of Applicant
Individual		Company		Partnership
3	(a) Nationality (b) identity Card (National Registration Card No. or Passport No.) – Attach certified copies
4	(a) Notification address Tel: Fax: E-mail (b) Information of contact person authorised to represent the applicant Tel: Fax: E-mail
5	(a) Company name (b) Company address (c) Company registration No. (Attach certified copies of certificate of registration)
	(d) Shareholders	Shareholder	Shares held	Nationality	NRC/Passport No.





	(e) Directors	Director	Address	Shares held	Nationality	NRC/Passport No.





	(f) Partners
6	Previously held licences in Zambia, if any, by applicant issued under the information and Communication Technologies Act, 2009	Number (Type and Licence No.) (a) (b) (c) (d) (e) (f)	Location (a) (b) (c) (d) (e) (f)
7	Currently held licence in Zambia, if any, by applicant issued under the information and Communication Technologies Act, 2009	Number (Type and Licence No) (a) (b) (c) (d) (e) (f)	Location (a) (b) (c) (d) (e) (f)
8.	Currently held licences in Zambia, if any, by subsidiary under the Information and Communication Technologies Act, 2009	Licence (Type and Licence No) (a) (b) (c) (d) (e) (f)	Location (a) (b) (c) (d) (e) (f)
9	Have you ever applied for a Licence in Zambia? If yes, please give details below
	Licence applied for	Location	Category of licence (individual or class licence)	Date of application	Status of application (Granted, rejected or pending)*






	* If application was rejected, give reasons for rejection.
10	Project details
(a) Location	Proposed launch date
District
(b) Brief description
11	Appendices*
	Appendix No. 1	Network design (including spectrum requirements, where applicable), roll-out plan and implementation schedule including network coverage area and intended performance levels
	Appendix No. 2	Technical specifications for interoperability and compatibility of the network with other systems including but not limited to those owned and operated by other licences
	Appendix No. 3	Business plan for proposed services (should include information on technical proposal of the services to be provided, information on previous experience, curricula vitae, in the provision of the services the profile of the individual, company or partnership, as the case may be
	Appendix No. 4	Investment certificate issued by the Zambia Development Agency, where applicable
	Appendix No. 5	Certified photocopies of work permits and other relevant permits issued by the Immigration Department
	Appendix No. 6	Details of wholesale charges to be made to other licensees or third parties (including termination) and interconnection charges)
	Appendix No. 7	Evidence that the proposed network shall provide availability of emergency services where appropriate
	Appendix No. 8	Tax Payers Identification Number (TPIN)
	Appendix No. 9	Any other information which the Authority may require

* The information required to be included in the various appendices.

QUALITY OF SERVICE UNDERTAKING

I/We declare that the quality of service I/we provide shall meet the minimum requirements set out under the Act or any other law or, guidelines published by the Authority or any international standard to which the licence requires adherence.

DECLARATION

I/We declare that all the particulars and information provided in this application are complete, correct and true and I/We agree that in the event that any of the said particulars and information provided is found to be untrue or fraudulent, the licence will be revoked. I/we agree that in the event of the revocation of the license, any fee paid to the Authority for a licence shall be forfeited. I/we declare that in the event that the nature of my/our business changes, or I/we no longer carry out operations in terms of the licence. I/we will notify the Authority in which case my/our licence maybe revoked or revised.

Declared at ……………………….. this ………………………….. day of ………… 20… by the following persons who are duly authorised to sign for and on behalf of the applicant under the authority of the Power of Attorney or Board Resolution which is hereby attached.

……………………………………

Applicant’s name

.........................................

Date

......................................................

Applicant’s signature

FOR OFFICIAL USE ONLY

Received by:…………………………………………………… RECEIPT No.

Officer

Date Received:……………………………..

Amount Received:………………………….

Serial No. of application:…………………..

STAMP

FORM II

[Regulation 3]

(To be completed in triplicate)

THE ZAMBIA INFORMATION AND COMMUNICATION TECHNOLOGY AUTHORITY

INFORMATION AND COMMUNICATION TECHNOLOGIES ACT, 2009

The Information and Communication Technologies(Electronic Communications) (Licensing) Regulations, 2010

APPLICATION FOR A NETWORK LICENCE

( ) individual or ( ) class licence(Tick as appropriate)	Shaded fields for official use only	Licence code
	Date/Time
Information Required	Information Provided
1	Type of network
2	(a) Name(s) of Applicant (s) (b) Type of Applicant
Individual		Company		Partnership
3	(a) Nationality (b) identity Card (National Registration Card No. or Passport No.) – Attach certified copies
4	(a) Notification address Tel: Fax: E-mail (b) Information of contact person authorised to represent the applicant Tel: Fax: E-mail
5	(a) Company name (b) Company address (c) Company registration No. (Attach certified copies of certificate of registration)
	(d) Shareholders	Shareholder	Shares held	Nationality	NRC/Passport No.





	(e) Directors	Director	Address	Shares held	Nationality	NRC/Passport No.
	{mprestriction ids="2,3,5"}




	(f) Partners
6	Previously held licences in Zambia, if any, by applicant issued under the information and Communication Technologies Act, 2009	Licence (Type and Licence No.) (a) (b) (c) (d) (e) (f)	Location (a) (b) (c) (d) (e) (f)
7	Currently held licence in Zambia, if any, by applicant issued under the information and Communication Technologies Act, 2009	Licence (Type and Licence No) (a) (b) (c) (d) (e) (f)	Location (a) (b) (c) (d) (e) (f)
8	Currently held licences in Zambia, if any, by subsidiary under the Information and Communication Technologies Act, 2009	Licence (Type and Licence No) (a) (b) (c) (d) (e) (f)	Location (a) (b) (c) (d) (e) (f)
9	Have you ever applied for a Licence in Zambia? If yes, please give details below
	Licence applied for	Location	Category of licence (individual or class licence)	Date of application	Status of application (Granted, rejected or pending)*






	* If application was rejected, give reasons for rejection.
10	Project details
(a) Location	Proposed launch date
District
(b) Brief description
11	Appendices*
	Appendix No. 1	Service portfolio, roll-out plan and implementation schedule including service coverage area and intended performance levels.
	Appendix No. 2	Business plan for proposed services (should include information on technical proposal of the services to be provided, information on previous experience in the provision of the services and the profile of the individual, company or partnership, as the case may be).
	Appendix No. 3	Proposed tariff structure, including details of all charges (wholesale and retail)
	Appendix No. 4	End-user terminal requirements and indicative retail prices (where appropriate)
	Appendix No. 5	Investment certificate issued by the Zambia Development Agency, where applicable.
	Appendix No. 6	Tax Payers Identification Number (TPIN)
	Appendix No. 7	Information of the contact person authorised to represent the applicant
	Appendix No. 8	Such other relevant information as the Authority may require.

* The information required to be included in the various appendices.

QUALITY OF SERVICE UNDERTAKING

DECLARATION

…………………………………..

Applicant’s name

.......................................

Date

................................................

Applicant’s signature

FOR OFFICIAL USE ONLY

Received by:…………………………………………………… RECEIPT No.

Officer

Date Received:……………………………..

Amount Received:………………………….

Serial No. of application:…………………..

STAMP

FORM III

[Regulation 5]

THE ZAMBIA INFORMATION AND COMMUNICATION TECHNOLOGY AUTHORITY

INFORMATION AND COMMUNICATION TECHNOLOGIES ACT, 2009

The Information and Communication Technologies(Electronic Communications) (Licensing) Regulations, 2010

APPOINTMENT OF AGENT

(1) Here insert the full names of the person authorising, and in the case of a company, the name of the Director.

(2) Here insert the full trade or business address of principal

(3) Here insert name and address of agent

(4) Here state the particular matter of application for which the agent is appointed, giving the reference number if known

(5) Here state nationality of principal

(6) To be signed by person appointing the agent

I/We (1) …………………………………. of (2) ……………………….

have appointed (3) ……………………………………………………… of ………………………………………………………………………… to act as my/our agent for (4) ………………………………………… and request that all notices, requisition and communications relating thereto may be sent to such agent at the above address.

I/We hereby revoke all previous appointments, if any, in respect of the same application.

I/We hereby declare that I am/we are a (5)…………………………….

Dated this ………………… day of ………………….. 20…

(6)………………………………………………….

Signature of principal

FORM IV

[Regulation 5]

THE ZAMBIA INFORMATION AND COMMUNICATION TECHNOLOGY AUTHORITY

INFORMATION AND COMMUNICATION TECHNOLOGIES ACT, 2009

The Information and Communication Technologies(Electronic Communications) (Licensing) Regulations, 2010

REQUEST FOR FURTHER PARTICULARS

To (1)……………………………………………………………….
……………………………………………………………………………………………………………………………………………………………………………………………………………………………… In relation to your application for (2) ………………………… with reference number (3)………………………………….. you are hereby requested to furnish the following information or documents in respect of your application/in respect of the following for:…………...
(a)……………………………………………………………………..
(b)……………………………………………………………………..
(c)……………………………………………………………………..
(d)……………………………………………………………………..
within …………………………. days. If you fail to furnish the requested information within the stipulated period, your application will be treated as invalid and shall be rejected.
Dated this …………………… day of …………………… 20…
(4)………………………………………… Director-General

(1) Here insert the full names and address of applicant

(2) Here insert type of application

(3) Here insert reference No. of application

(4) signature of Director-General

FORM V

[Regulation 7(1)]

THE ZAMBIA INFORMATION AND COMMUNICATION TECHNOLOGY AUTHORITY

INFORMATION AND COMMUNICATION TECHNOLOGIES ACT, 2009

The Information and Communication Technologies(Electronic Communications) (Licensing) Regulations, 2010

Licence No. …………………….

NETWORK LICENCE

(Section 10 of the Information and Communication Technologies Act, No. 15 of 2009)

Licence type: individual ………….Class ………….

Reference number (s) of service licence (s) if (any) ………………………………………..

Reference number (s) of spectrum assignment(s) …………………………………………..

Holder’s name ………………………………………………………………………………

Address ……………………………………………………………………………………..

Type of business: construction, ownership, provision or availing of an electronic communications network.

DESIGN CATEGORY

(a) …………………………………………………………………………………………..

(b) …………………………………………………………………………………………...

(d) …………………………………………………………………………………………...

This Licence is granted for a period of …………………………………… commencing on the ………………………. day of …………………………. 20…

The conditions of grant of the Licence are as shown in the Annexures attached hereto.

Issued at ……………………………….. this ……………… day of…………………

……………………………….

Director-General

ENDORSEMENT OF REGISTRATION

This licence has this …………………………….. day of ………………………… been registered in the Register.

………………………………

Director-General

Transfers/Amendments or variations/renewals

Date of transfer/amendment	Details of transfer/amendment /variation	Date of Registration and Registration No.	Signature of Director-General

FORM VI

[Regulation 7(2)]

THE ZAMBIA INFORMATION AND COMMUNICATION TECHNOLOGY AUTHORITY

INFORMATION AND COMMUNICATION TECHNOLOGIES ACT, 2009

The Information and Communication Technologies(Electronic Communications) (Licensing) Regulations, 2010

Licence No. ……………………….

SERVICE LICENCE

(Section 10 of the Information and Communication Technologies Act, No. 15 of 2009)

Holder’s name ………………………………………………………………………………

Address ……………………………………………………………………………………..

Type of business: Provision of the following electronic communication services:

(a) …………………………………………………………………………………………...

(b) …………………………………………………………………………………………...

(d) …………………………………………………………………………………………...

(e) …………………………………………………………………………………………...

(f) ……………………………………………………………………………………………

(g) …………………………………………………………………………………………...

This Licence is valid from ……………… day of …………… to the ............... day of ............ 20…

The conditions of grant of the Licence are as shown in the Annexures attached hereto.

Issued at ……………………………….. this ……………… day of…………………

……………………………….

Director-General

ENDORSEMENT OF REGISTRATION

This licence has this ……………………………. .day of ………………………… been registered in the Register.

………………………………

Director-General

Transfers/Amendments or variations/renewals

Date of transfer/amendment	Details of transfer/amendment /variation	Date of Registration and Registration No.	Signature of Director-General

FORM VII

[Regulation 8]

THE ZAMBIA INFORMATION AND COMMUNICATION TECHNOLOGY AUTHORITY

INFORMATION AND COMMUNICATION TECHNOLOGIES ACT, 2009

The Information and Communication Technologies(Electronic Communications) (Licensing) Regulations, 2010

NOTICE OF REJECTION OF APPLICATION

To (1)……………………………………………………………….
……………………………………………………………………………………………………………………………………………………………………………………………………………………………… In relation to your application for (2) ………………………… with reference number (3)………………………………….. you are hereby notified that your application for has been rejected on the following grounds: (a)……………………………………………………………………..
(b)……………………………………………………………………..
(c)……………………………………………………………………..
(d)……………………………………………………………………..
Dated this …………………… day of …………………… 20…
(4)………………………………………… Director-General

(1) Here insert the full names and address of applicant

(2) Here insert type of application

(3) Here insert reference No. of application

FORM VIII

[Regulation 8]

THE ZAMBIA INFORMATION AND COMMUNICATION TECHNOLOGY AUTHORITY

INFORMATION AND COMMUNICATION TECHNOLOGIES ACT, 2009

The Information and Communication Technologies(Electronic Communications) (Licensing) Regulations, 2010

NOTICE TO APPEAL TO THE TRIBUNAL

To the Minister IN THE MATTER OF …………………………… I, hereby (Application reference and matter of appeal) give notice of appeal against the decision of the Authority on the following grounds:*

(a)………………………………………………………………………………………

(b)………………………………………………………………………………………

(c)………………………………………………………………………………………

(d)………………………………………………………………………………………

Dated this …………………… day of …………………… 20…

…………………………………………

Signature of Appellant

* Attach brief

FORM IX

[Regulation 10]

(To be completed in triplicate)

THE ZAMBIA INFORMATION AND COMMUNICATION TECHNOLOGY AUTHORITY

INFORMATION AND COMMUNICATION TECHNOLOGIES ACT, 2009

The Information and Communication Technologies(Electronic Communications) (Licensing) Regulations, 2010

APPLICATION FOR CONSENT TO TRANSFER LICENCE

	Shaded fields for official use only	Licence code
	Date/Time
Information Required	Information Provided
1	Type of network
2	(a) Name(s) of Applicant(s) (b) Type of Applicant
Individual		Company		Partnership
3	(a) Nationality (b) Identity Card (National Registration Card No. or Passport No.) – Attach certified copies
4	(a) Notification address Tel: Fax: E-mail (b) Information of contact person authorised to represent the applicant Tel: Fax: E-mail
5	(a) Company name (b) Company address (c) Company registration No. (Attach certified copies of certificate of registration)
	(d) Shareholders	Shareholder	Shares held	Nationality	NRC/ Passport No.





	(e) Directors	Director	Address	Shares held	Nationality	NRC/Passport No.





	(f) Partners
	(g) Partnership
6	Proposed transferee/assignee (should include details of transferee/assignee, its directors, share held by directors, director’ nationality and director’s NRC/Passport No.)	Name		Nationality
7	Appendices
	Appendix No. 1	Minutes of company, or partnership meeting at which decision was made.
	Appendix No. 2	Resolution of the company, partnership meeting
	Appendix No. 3	Reasons for transferring or assigning

QUALITY OF SERVICE UNDERTAKING

DECLARATION

I/we agree that in the event of the revocation of the license, any fee paid to the Authority for a licence shall be forfeited.

I/we declare that in the event that the nature of my/our business changes, or I/we no longer carry out operations in terms of the licence. I/we will notify the Authority in which case my/our licence maybe revoked or revised.

……………………………..

Applicant’s name

.......................................

Date

.................................................

Applicant’s signature

FOR OFFICIAL USE ONLY

Received by: …………………………………………………… RECEIPT No.

Officer

Date Received: ……………………………..

Amount Received: ………………………….

Serial No. of application: …………………..

STAMP

FORM X

[Regulation 11]

(To be completed in triplicate)

THE ZAMBIA INFORMATION AND COMMUNICATION TECHNOLOGY AUTHORITY

INFORMATION AND COMMUNICATION TECHNOLOGIES ACT, 2009

The Information and Communication Technologies(Electronic Communications) (Licensing) Regulations, 2010

APPLICATION TO VARY OR AMEND LICENCE

	Shaded fields for official use only	Licence code
	Date/Time
Information Required	Information Provided
1	Type of licence
2	(a) Name(s) of Applicant(s) (b) Type of Applicant
Individual		Company		Partnership
3	(a) Nationality (b) Identity Card (National Registration Card No. or Passport No.) – Attach certified copies
4	(a) Notification address Tel: Fax: E-mail (b) Information of contact person authorised to represent the applicant Tel: Fax: E-mail
5	(a) Company name (b) Company address (c) Company registration No. (Attach certified copies of certificate of registration)
	(d) Shareholders	Shareholder	Shares held	Nationality	NRC/Passport No.





(e) Directors	Director	Address	Shares held	Nationality	NRC/Passport No.





(f) Partners
6	Proposed variations/amendments
7	Appendices
	Appendix No. 1	Minutes of company, or partnership meeting at which decision was made.
	Appendix No. 2	Resolution of the company, partnership meeting
	Appendix No. 3	Reasons for transferring or assigning

……………………………

Applicant’s name

.................................

Date

..................................................

Applicant’s signature

FOR OFFICIAL USE ONLY

Received by:…………………………………………………… RECEIPT No.

Officer

Date Received:……………………………..

Amount Received:………………………….

Serial No. of application:…………………..

STAMP

FORM XI

[Regulation 11]

THE ZAMBIA INFORMATION AND COMMUNICATION TECHNOLOGY AUTHORITY

INFORMATION AND COMMUNICATION TECHNOLOGIES ACT, 2009

The Information and Communication Technologies(Electronic Communications) (Licensing) Regulations, 2010

NOTICE OF VARIATION

To (1)……………………………………………………………….
……………………………………………………………………………………………………………………………………………………………………………………………………………………………… In relation to your application for (2) ………………………… with reference number (3) ………………………………….. you are hereby notified that your licence ………………………. has been varied as follows:
(a)……………………………………………………………………..
(b)……………………………………………………………………..
(c)……………………………………………………………………..
(d)……………………………………………………………………..
Dated this …………………… day of …………………… 20…
………………………………………… Director-General

(1) Here insert the full names and address of Licence

(2) Here insert type of application

(3) Here insert reference No. of application

FORM XII

[Regulation 12]

(To be completed in triplicate)

THE ZAMBIA INFORMATION AND COMMUNICATION TECHNOLOGY AUTHORITY

INFORMATION AND COMMUNICATION TECHNOLOGIES ACT, 2009

The Information and Communication Technologies(Electronic Communications) (Licensing) Regulations, 2010

APPLICATION FOR RENEWAL OF LICENCE

	Shaded fields for official use only	Licence code
Date/Time
Information Required	Information Provided
1	Type of Licence
2	(a) Name(s) of Applicant(s) (b) Type of Applicant
Individual		Company		Partnership
3	(a) Nationality (b) Identity Card (National Registration Card No. or Passport No.) – Attach certified copies
4	(a) Notification address Tel: Fax: E-mail (b) Information of contact person authorised to represent the applicant Tel: Fax: E-mail
5	(a) Company name (b) Company address (c) Company registration No. (Attach certified copies of certificate of registration)
	(d) Shareholders	Shareholder	Shares held	Nationality	NRC/Passport No.





(e) Directors	Director	Address	Shares held	Nationality	NRC/ PassportNo.




(f) Partners
6	Previously held licences in Zambia, if any, by applicant issued under the information and Communication Technologies Act, 2009	Number (Type and Licence No.) (a) (b) (c) (d) (e) (f)	Location (a) (b) (c) (d) (e) (f)
7	Currently held licence in Zambia, if any, by applicant issued under the information and Communication Technologies Act, 2009	Number (Type and Licence No)	Location





8	Currently held licences in Zambia, if any, by subsidiary under the Information and Communication Technologies Act, 2009	Licence (Type and Licence No.) (a) (b) (c) (d) (e) (f)	Location (a) (b) (c) (d) (e) (f)
9	Expiry date of licence in respect of which this application is made …………………………………………………………………………………………………………………
10	Have you been convicted of an offence involving fraud or dishonesty or any offence under the Information and Communication Technologies Act, 2009, or any other law within or outside Zambia? If yes, specify details:…………………………………………………………………………………………Nature of offence:…………………………………………………………………………………………….. Date of Conviction:……………………………………………………………………………………………Sentence:………………………………………………………………………………………………………
11	Have you ever applied for a Licence in Zambia? If yes please give details?..............................................................................................................................................................................................................................................................................................................................................
	Licence applied for	Location	Area Km m^2">	Date of application	Status of application (Granted, rejected or pending)






12	Details
	(a) Location	Province		District
Locality
(b) Brief description

* Must be provided.

QUALITY OF SERVICE UNDERTAKING

DECLARATION

I/we agree that in the event of the revocation of the license, any fee paid to the Authority for a licence shall be forfeited.

……………………………..

Applicant’s name

....................................

Date

....................................................

Applicant’s signature

FOR OFFICIAL USE ONLY

Received by:…………………………………………………… RECEIPT No.

Officer

Date Received:……………………………..

Amount Received:………………………….

Serial No. of application:…………………..

STAMP

FORM XIII

[Regulation 13]

THE ZAMBIA INFORMATION AND COMMUNICATION TECHNOLOGY AUTHORITY

INFORMATION AND COMMUNICATION TECHNOLOGIES ACT, 2009

The Information and Communication Technologies(Electronic Communications) (Licensing) Regulations, 2010

NOTICE OF SUSPENSION OR REVOCATION OF LICENCE

To (1)……………………………………………………………….
……………………………………………………………………………………………………………………………………………………………………………………………………………………………… In relation to your application for (2) ………………………… with reference number (3)………………………………….. you are hereby notified that your licence ………………………. has been suspended/revoked on the following grounds:
(a)……………………………………………………………………..
(b)……………………………………………………………………..
(c)……………………………………………………………………..
(d)……………………………………………………………………..
Dated this …………………… day of …………………… 20…
………………………………………… Director-General

(1) Here insert the full names and address of applicant

(2) Here insert type of application

(3) Here insert reference No. of application

INFORMATION AND COMMUNICATION TECHNOLOGIES (TYPE APPROVAL) REGULATIONS

[Section 91]

Arrangement of Regulations

Regulation

PART I
PRELIMINARY

1. Title

2. Interpretation

PART II
APPROVAL AND CERTIFICATION

3. Right to connect approved electronic communications network or system

4. Type approval of electronic communications apparatus

5. Type acceptance

6. Application for type approval

7. Grant of type approval

8. Certification of equipment

9. List of approved apparatus

10. Technical standards for customer terminal equipment

11. Responsibility for equipment compliance

12. Obligations of importer and distributor

13. Conformity of equipment

14. Marketing of equipment

15. Labelling requirement

16. Complaints against harmful apparatus

PART III
GENERAL PROVISIONS

17. Application for facility installation

18. Disconnection of dangerous equipment and cabling

19. Enforcement notice

FIRST SCHEDULE

SECOND SCHEDULE

SI 6 of 2011.

PART I
PRELIMINARY

1. Title

These Regulations may be cited as the Information and Communication Technologies (Type Approval) Regulations.

2. Interpretation

In these Regulations, unless the context otherwise requires—

"Accredited Authority" means an institution responsible for the regulation of information and communications technologies and approval of apparatus of a foreign country which is designated as such by the Authority;

"Authority" has the meaning assigned to it in the Act;

"approved electronic communications apparatus" has the meaning assigned to it in the Act;

"communications" means telecommunications, radio communications and postal communications;

"communications service" means a service performed, consisting of the dissemination or interchange of sound, video or data content using postal, radio, or telecommunications media, excluding broadcasting;

"customer equipment" has the meaning assigned to it in the Act;

"data" means binary signals used to transmit information from a computer or one apparatus to another;

"electronic communication" has the meaning assigned to it in the Act;

"electronic communication apparatus" has the meaning assigned to it in the Act;

"electronic communications network" has the meaning assigned to it in the Act;

"electronic communications service" has the meaning assigned to it in the Act;

"emergency" means a catastrophic network breakdown as a result of natural causes or human induced including extreme weather, floods, lightning, fire, industrial action or lockout, war, military operation or civil disorder;

"harm" means a hazard to personnel, damage to electronic communications equipment, malfunction of electronic communication billing equipment, and degradation of service to a person other than the user of the equipment or the user’s calling or called party;

"interface" means—

(a) a network termination point which is a physical connection point at which a user is provided with access to the electronic communications network; or

(b) an air interface specifying the radio path between radio equipment, and their technical specifications;

"inter-operability" means the ability of two or more facilities or networks to be connected to exchange information and to use the information that is exchanged;

"network element" means a facility or apparatus used in the provision of an electronic communications service, and includes functions and capabilities that are provided by the facility or apparatus, including subscriber numbers, databases, signalling systems and information sufficient for billing and collection or used in the transmission, routing or other provision of electronic communications services;

"network termination point" means all physical connections and their technical access specifications, which form part of an electronic telecommunications network and are necessary for access to and efficient communication through that public network;

"technical construction file" means a file describing an apparatus and providing information and explanations as to how the essential requirements applicable to the apparatus are met; and

"type acceptance" means the verification of electronic communications apparatus tested and approved by an Accredited Authority for use in the Republic by the Authority.

PART II
APPROVAL AND CERTIFICATION

3. Right to connect approved electronic communications network or system

(1) Subject to sub-regulation (3), a licensee shall not refuse or object to the connection of all electronic communications apparatus approved by the Authority to any electronic communication network or system.

(2) An operator of an electronic communications network shall not refuse to connect terminal apparatus to appropriate interfaces, on technical grounds, where the apparatus complies with these Regulations.

(3) A licensee may refuse or restrict the connection of an approved electronic communications apparatus on an electronic communication network or system on the following grounds—

(a) for the security of network operation;

(b) for the maintenance of network integrity;

(d) for data protection; or

(e) to prevent any threat to the life and health or safety of users.

(4) A licensee may restrict the connection of an approved electronic communications apparatus to a network to ensure the security of network operations, in cases of emergency situations.

(5) A licensee shall not justify a restriction on the connection of an approved electronic communications network on the basis of the maintenance of network integrity except where it is for the protection of network equipment, software or stored data.

(6) A restriction by a licensee on the connection of approved apparatus on the basis of the protection of data shall be justified for the protection of personal data or confidentiality of information transmitted or stored.

(7) A licensee may take the following measures to safeguard the security of a network operation—

(a) interruption of services;

(b) limitation of service features;

(d) services for new users.

(8) Where approved electronic communications apparatus malfunctions in a way which adversely affects the integrity of a network, or where there is damage or physical injury to a person, the licensee shall immediately disconnect the apparatus from the network.

(9) A licensee shall, before disconnecting any equipment in accordance with this regulation, inform the Authority, and give reasons for the disconnection.

(10) A licensee shall comply with the technical specifications determined by the Authority so as to—

(a) ensure technical compatibility;

(b) avoid technical harm to the electronic communications network of other licensees; and

4. Type approval of electronic communications apparatus

(1) The Authority shall approve all electronic communications apparatus that are capable of connection to electronic communications network.

(2) All electronic communications apparatus shall comply with the technical standards applicable to individual types of apparatus which require approval by the Authority.

(3) A type approval may apply—

(a) to a particular apparatus or to any apparatus of a description specified in the approval; and

(b) for the purposes of a particular electronic communications apparatus of a specified description.

(4) A type approval procedure shall consist of—

(a) type examination; and

(b) declaration of conformity procedure.

(5) The Authority shall, in applying the type approval procedure—

(a) examine the technical documentation of an electronic communications apparatus and verify that the apparatus was manufactured in conformity with the relevant national standards;

(b) cause to be performed the appropriate examinations and necessary testing checks for the essential requirements; and

(6) The Authority shall cause to be displayed a type approval label on electronic communications apparatus which complies with approved technical conditions.

(7) A type approval label shall state—

(a) the letters or symbols that identify the Authority;

(b) that type approval has been granted; and

5. Type acceptance

(1) The Authority may type accept electronic communications apparatus where it is satisfied that the apparatus has been tested and type approved by the Accredited Authority.

(2) An application for type acceptance shall be accompanied by a technical report containing—

(a) the full name and mailing address of the manufacturer of a device and the applicant for certification;

(b) a copy of the installation and operating instructions to be furnished to a user; and

6. Application for type approval

(1) A person shall apply for type approval in Form I set out in the First Schedule upon payment of the prescribed fee specified in the Second Schedule.

(2) Where a device which is the subject of an application is designed to operate in conjunction with other apparatus whose characteristics affect the compliance of the device, the apparatus shall be type approved or where the apparatus is already type approved, the Authority type approval number shall be supplied.

(3) The Authority may publish notices of applications for and grants of type approval on its website and shall issue public notices of applications for and grants of type approval that it considers to be of special interest to the public in a daily newspaper of general circulation in Zambia.

(4) A person who has an interest in an application for the type approval of an apparatus may submit comments on the application to the Authority within five days of the date of the public notice and the applicant may file a reply to the comments within five days of the filing of the comments.

(5) A sample of an apparatus submitted by an applicant for purposes of type approval shall be—

(a) in a good working condition;

(b) properly configured for testing and complete with the necessary test adapters; and

(6) An apparatus submitted for type approval shall be submitted together with test reports from reputable test centres.

7. Grant of type approval

(1) The Authority may type approve electronic communications apparatus where—

(a) the apparatus satisfies the essential requirements provided in these Regulations;

(b) the information on the apparatus is provided in accordance with these Regulations;

(d) the authorised mark is affixed to the apparatus by the manufacturer of the apparatus or by the person responsible for the apparatus; and

(e) a declaration of conformity is drawn up in respect of the manufacturer of the apparatus or a person responsible for the apparatus.

(2) The Authority may type approve an apparatus where it finds from an examination of the application made under regulation 6 and such other matters as it may consider necessary, that the apparatus complies with the prescribed standards or that the grant of the type approval shall serve the public interest.

(3) Notwithstanding that stress may result in partial or total destruction of an apparatus, type approved apparatus shall comply with the criteria prescribed by these Regulations before and after the application of each of the following mechanical and electrical stresses—

(a) vibration;

(b) temperature and humidity;

(d) metallic voltage surge; and

(e) longitudinal voltage surge.

(4) Where the Authority issues a type approval, the person in respect of whose apparatus the approval is granted shall cause it to be permanently affixed to the apparatus in a manner that is readily visible to a purchaser at the time of purchase.

(5) A grant of type approval is valid only where the approved identification mark is permanently affixed to the apparatus, and remains effective until it is revoked, withdrawn, rescinded or surrendered, or where a termination date is specified by the Authority.

(6) A person in respect of whom any type approval is granted shall be responsible to the Authority for any apparatus produced using the approval.

(7) A type approval identification mark shall be attached to any apparatus subsequently marketed by a licensee, which is identical to the tested sample.

(8) The approval by the Authority of any electronic communications apparatus may specify the conditions to be complied with which may impose on the person to whom the approval is given, a requirement to satisfy another person with respect to any matter related to the approval of the electronic communications apparatus.

(9) Where a person is granted type approval for an apparatus by the Authority, the apparatus to be sold shall be similar to the model that is granted the type approval and the approved apparatus shall not be modified in any way without the approval of the Authority.

(10) A type approval granted under this regulation shall not be construed as a guarantee by the Authority of the proper functioning, performance or quality of the apparatus.

(11) The Authority shall not be liable for any harmful interference caused to any other apparatus or for injury, loss of life or damage to property as a direct or indirect result of the use of any type approved apparatus.

8. Certification of equipment

(1) The Authority may issue a certification or equipment authorisation for electronic communications apparatus based on representations and test data submitted by an applicant.

(2) A grantee of an equipment authorisation shall guarantee and give a warrant that each unit of equipment marketed under the grant and bearing the identification specified in the grant shall conform to the unit that was measured and that the data, including the design and rated operational characteristics, filed with the application for certification, continues to be representative of the equipment produced under the grant within a variation that can be expected due to quantity production and testing on a statistical basis.

(3) The Authority may require an applicant to submit sample apparatus for measurement at such place as the Authority may specify.

(4) The Authority may request a party responsible for an apparatus to submit the apparatus so as to determine the extent to which subsequent production of the apparatus continues to comply with the data filed by an applicant or data kept on file with that party, subject to a declaration of conformity.

(5) A party referred to in sub-regulation (4) shall prepare data demonstrating compliance using a measurement procedure approved by the Authority.

(6) Information on measurement submitted to the Authority by a party in terms of sub-regulation (5) shall identify the specific standard or measurement procedure used.

(7) A party making measurements of apparatus that is subject to type approval, whether the measurements are filed with the Authority or kept by the party responsible for the compliance of the equipment, shall compile a description of the measurement facilities employed.

(8) A description of measurement facilities made by a party under sub-regulation (7) shall contain—

(a) the location of a test site;

(b) the physical description of a test site, accompanied by photographs;

(c) a drawing showing the dimensions of a test site, the physical layout of all supporting structures and all structures within five times the distance between a measuring instrument and an apparatus which is measured;

(d) a description of structures used to support an apparatus which is measured and the test instrumentation;

(e) a list of measuring instruments used;

(f) information concerning the calibration of the measuring instrument, including the date the instrument was last calibrated and how often the instrument is calibrated;

(g) a statement on whether a test site is available to perform measurement services to the public at a fee.

9. List of approved apparatus

The Authority shall, at such time as it may determine, issue a list of approved electronic communications apparatus, their technical specifications and applicable type approval fees.

10. Technical standards for customer terminal equipment

(1) The Authority shall set the technical standards for specified customer apparatus or terminal apparatus.

(2) The Authority may make or adopt the following types of standards—

(a) technical standards for customer apparatus;

(b) standards relating to the features of customer apparatus that are designed to cater for the special needs of persons with disabilities; and

(3) The technical standards adopted by the Authority shall consist of requirements which are necessary or convenient for—

(a) protecting the integrity of an electronic communications network or network element;

(b) protecting the health or safety of persons who operate, work on, use services supplied by means of, or are likely to be affected by the operation of an electronic communications network or network elements;

(d) ensuring, for the purpose of the supply of a standard communications service, the inter-operability of customer apparatus with an electronic communications network to which the apparatus is proposed to be connected; and

(e) giving effect to any matters prescribed by these Regulations or any other law.

(4) The Authority shall, before adopting a technical standard, so far as is practicable, ensure that—

(a) an interested person is given an adequate opportunity to make representations about the proposed standard; and

(b) due consideration is given to any representation made concerning the technical standard.

11. Responsibility for equipment compliance

(1) Where a type approval is granted by the Authority, the following parties are responsible for the compliance of electronic communications apparatus with the applicable standards—

(a) in the case of apparatus which requires the issuing of a grant of type approval by the Authority, the grantee to whom the type approval is issued;

(b) where the electronic communications apparatus is modified by a party who is not the person in respect of whose electronic communications apparatus the type approval was granted and that party is not working under the authorisation of the person to whom the type approval was granted, the party that performs the modification; and

(i) a manufacturer or, where the equipment is assembled from individual component parts and the resulting system is subject to type acceptance, the assembler;

(ii) where the apparatus, by itself, is subject to a type acceptance and it is imported, the importer;

(iii) where electronic apparatus is modified by any party without the approval of a responsible party, the party performing the modifications, or an importer, if the apparatus is imported subsequent to the modifications.

12. Obligations of importer and distributor

(1) An importer or distributor shall, before selling any apparatus, ensure that the apparatus meets the standards and specifications set by the Authority, and that the apparatus works compatibly with other apparatus within the electronic communications networks.

(2) An importer or distributor shall ensure that any equipment offered for sale for local use in Zambia is clearly labelled or affixed with—

(a) the trade name, model name and serial number;

(b) the manufacturer’s or supplier’s name; and

13. Conformity of equipment

(1) A manufacturer of an apparatus, or an authorised representative of the manufacturer, shall certify that the apparatus has been made in conformity with a standard that has received type approval and shall affix a mark to each apparatus and cause to be prepared a declaration of conformity to accompany the apparatus.

(2) A manufacturer shall maintain technical documentation relating to an apparatus for at least 10 years for the purpose of periodic inspections by the Authority to ensure conformity with a type approval.

(3) Where a manufacturer of an apparatus, or an authorised representative of a manufacturer, is not established within the Republic, the person who places the product on the market in the Republic shall keep the technical documentation in terms of sub-section (2).

(4) A manufacturer of an apparatus, or an authorised representative of a manufacturer, shall ensure that the technical documentation relating to the apparatus enables the assessment of the conformity of the product with the essential requirements and covers the design, manufacture and operation of the apparatus, and in particular stipulates—

(a) a general description of the product;

(b) a conceptual design, manufacturing drawings and schemes of components, sub-assemblies and circuits;

(c) the descriptions and explanations necessary for the understanding of the drawings and schemes and the operation of the product;

(d) a list of the standards, applied in full or in part, and the descriptions and explanations of the solutions adopted to meet the essential requirements of the standard, where the standards have not been applied or do not exist;

(e) the results of design calculations made and examinations carried out; and

(f) the test reports.

(5) A manufacturer of an apparatus, or an authorised representative of the manufacturer, shall keep a copy of the declaration of conformity with the technical documentation.

(6) A manufacturer of an apparatus shall take all necessary measures during a manufacturing process to ensure compliance of a manufactured apparatus with the technical documentation and these Regulations.

14. Marketing of equipment

(1) The Authority shall authorise the sale, lease, offer for sale or lease, importation, shipment or distribution for the purpose of selling, leasing or offering for sale or lease, of any electronic communications apparatus.

(2) The electronic communications apparatus referred to in sub-regulation (1) shall be approved by the Authority before its use.

(3) An electronic communications apparatus may be advertised or displayed at a trade show or exhibition before type approval or, in the case of a device that is not subject to the type approval requirements, before a determination of compliance with the applicable technical requirements.

(4) The advertisement or display made under sub-regulation (3) shall contain a conspicuous notice stating that the electronic communications apparatus is not type approved by the Authority and may not be offered for sale or lease or sold or leased, until the authorisation of the Authority is obtained.

(5) Where a displayed electronic communications apparatus is a prototype of another apparatus that is type approved and the prototype is not type approved due to differences between the prototype and the type approved apparatus, a disclaimer notice may be stated instead of a notice specified under sub-regulation (4), which provides that the prototype is not for sale.

(6) An electronic communications apparatus shall not be marketed before type approval or the determination of compliance with the applicable technical requirements, but may be operated for—

(a) compliance testing;

(b) demonstration at a trade show;

(d) evaluation of product performance and the determination of customer acceptability at a manufacturer’s facility during the developmental, design or pre-production stages; or

(e) evaluation of product performance and the determination of customer acceptability, where customer acceptability of the apparatus cannot be determined at a manufacturer’s facility because of size or the unique capability of the apparatus.

(7) A person shall not operate or supply customer apparatus which is not approved by the Authority or have in the person’s possession customer apparatus if the possession is for the purpose of operating or supplying that apparatus.

15. Labelling requirement

(1) A manufacturer or importer of specified customer apparatus shall affix on the apparatus a mark that indicates that the equipment or cabling meets the prescribed standards.

(2) A manufacturer or importer shall, before a mark is affixed on an electronic communications apparatus, comply with the following requirements—

(a) the manufacturer or importer shall obtain certification from the Authority that the apparatus complies with the prescribed standards;

(b) the apparatus shall be tested by a recognised testing authority for compliance with the prescribed standards;

(i) conduct quality assurance programs;

(ii) be satisfied that quality assurance programs are conducted; and

(iii) have regard to the results of quality assurance programs; and

(d) a manufacturer or importer shall make a written declaration in relation to the equipment or cabling.

(3) The standards set by the Authority may specify the requirements that may be complied with after a mark is applied to customer apparatus, including a requirement that a manufacturer or importer retains for inspection, for the period specified—

(a) the records of the quality assurance programs;

(b) the records of results of any tests conducted in relation to compliance with the standards; and

16. Complaints against harmful apparatus

(1) A person may submit to the Authority—

(a) a complaint or representation on the performance of any apparatus that is type approved; or

(b) an objection against a type approval of any apparatus.

(2) A complaint or representation on an apparatus shall state—

(a) the name and address of the complainant;

(b) the name and address if known, of the person against whom the complaint is made; and

(c) the facts, including supporting data where available, showing that the apparatus does not conform to the requirements of these Regulations and that the apparatus may cause harmful interference to an electronic communications network or is a risk to human health or the environment.

(3) The Authority shall forward a copy of the objection or representation on an apparatus to the applicant or holder of a type approval and give the applicant or holder an opportunity to reply to the representation or objection.

(4) The Authority shall, in considering a request to revoke a type approval or in evaluating the performance of any equipment which is type approved take into account any complaint or representation made under sub-regulation (1).

PART III
GENERAL PROVISIONS

17. Application for facility installation

(1) A licensee shall, before carrying out any installation of any apparatus, request the Authority in writing, for a facility installation clearance in accordance with the standards for performance and operation of equipment or electronic communications apparatus made pursuant to section 65 of the Act.

(2) The Authority may, after considering the request made under sub-regulation (1), issue an installation clearance authorising the applicant to carry out the installation of the facility specified in the application.

(3) The Authority shall not issue an installation clearance unless the Authority is satisfied that—

(a) the electronic communications network to which the facility relates is, or is likely to be, of national significance;

(b) the facility is, or is likely to be, an important part of the electronic communications network to which it relates;

(i) the greater part of the infrastructure of the electronic communications network to which the apparatus relates is already installed;

(ii) a greater part of the infrastructure of the electronic communications network to which the apparatus relates is not installed but each regulatory authority whose approval is required for the installation of the greater part of the infrastructure of the network gives, or is reasonably likely to give, the approval; or

(iii) no part of the infrastructure of the electronic communications networks to which the facility relates is installed, but each regulatory authority whose approval is required for the installation of a greater part of the infrastructure of the network gives, or is reasonably likely to give the approval;

(d) the advantages that are likely to be derived from the operation of the apparatus in the context of the electronic communications network to which the facility relates outweigh any form of degradation of the environment that is likely to result from the installation of the apparatus; and

(e) the applicant makes reasonable efforts to negotiate in good faith with—

(i) each proprietor whose approval is required, or would be required to carry out an installation; and

(ii) each regulatory authority whose approval is required, or would be required, to carry out an installation.

(4) The Authority shall, in determining whether a network is of national significance, consider—

(a) the geographical reach of the network;

(b) the number of customers connected, or likely to be connected, to the network;

(d) any other matters the Authority may consider relevant.

(5) The Authority shall, in determining whether an apparatus is an important part of a network, consider—

(a) the technical importance of the apparatus in the context of the electronic communications network to which the facility relates;

(b) the economic importance of the facility in the context of the electronic communications and radiocommunications networks to which the facility relates; and

(c) the social importance of the apparatus in the context of the electronic communications networks to which the apparatus relates.

(6) The Authority shall, in determining whether the advantages of an apparatus outweigh the disadvantages of degradation of the environment, consider—

(a) the extent to which the installation of the apparatus is likely to promote the long term interests of end users of electronic communications services or of services supplied by means of electronic communications services;

(b) the impact of the installation, maintenance or operation of the apparatus on the environment;

(d) any relevant technical or economic aspects of the installation, maintenance or operation of the apparatus in the context of the electronic communications network to which the facility relates;

(e) whether the installation of the apparatus contributes to the fulfilment of a universal service obligation by the applicant;

(f) whether the installation of the apparatus involves co-location with one or more other apparatus;

(g) whether the installation of the apparatus facilitates co-location, or future co-location, with one or more other apparatus; and

(h) any other matter that the Authority may consider relevant.

(7) An installation clearance issued in terms of sub-regulation (2) in relation to an apparatus or facility may be subject to a condition requiring the holder to—

(a) undertake an assessment or a further assessment of the environmental impact of the installation of the apparatus concerned;

(b) consult a particular person or body on the installation of the apparatus concerned; and

18. Disconnection of dangerous equipment and cabling

(1) A licensee who has reasonable grounds to believe that the apparatus connected to the licensee’s network is likely to be a threat or is a threat to the health or safety of any person who operates, works or uses the services supplied by an electronic communications network or apparatus, may disconnect the apparatus and shall notify the Authority of the disconnection as soon as is practicably possible.

(2) Where a licensee disconnects any apparatus connected to the licensee’s network and the Authority determines that there is no reasonable ground for the disconnection, it may, by written notice to the licensee, direct the licensee to reconnect the apparatus.

(3) Where the Authority determines that a licensee had no reasonable grounds for the disconnection of an apparatus under sub-regulation (1) and that as a result of the disconnection a person suffered loss or damage, that person may apply to the Authority for the recovery from the licensee, of the amount of loss or damage suffered.

(4) The Authority may, by written notice to a licensee, declare that the operation, supply or possession of specified customer apparatus is prohibited for reasons that it may specify in the notice.

(5) A notice issued by the Authority under sub-regulation (4) shall relate to—

(a) the protection of the integrity of an electronic communications network or apparatus; and

(b) the protection of the health or safety of a person who operates, works on or uses services supplied by means of the electronic communications network or facility, or who is likely to be affected by the operation of the electronic communications network or facility.

(6) The Authority shall publish a copy of the notice referred to under sub-regulation (5) in at least one daily newspaper of general circulation in Zambia and in the Gazette.

19. Enforcement notice

(1) The Authority may, where it has reasonable grounds to suspect that an authorised mark is affixed to an apparatus without compliance to these Regulations, serve a notice in writing on—

(a) the manufacturer of the apparatus or the manufacturer’s authorised representative in the Republic; or

(b) the person responsible for placing the apparatus on the market in the Republic.

(2) A notice served under sub-regulation (1) shall—

(a) state that the Authority reasonably suspects that the authorised marking was not correctly affixed to the apparatus;

(b) specify the circumstances which gave rise to the Authority’s suspicion of the anomaly and give particulars of the circumstances;

(i) to ensure that any apparatus to which the notice relates conforms to the correct affixation of the authorised mark within such period as may be specified in the notice; or

(ii) to provide evidence within a specific period to the satisfaction of the Authority, that the mark is correctly affixed; and

(d) give a warning that if the non-conformity continues, or if satisfactory evidence is not provided within the period specified in the notice, further action may be taken under these Regulations in respect of that apparatus or apparatus of a similar type placed on the market by the person to whom the notice is given.

(3) Where the Authority has reasonable grounds to believe that a licensee is contravening or has contravened any of the provisions of the Act or these Regulations or the conditions of a licence, the Authority shall conduct an investigation for the purpose of securing compliance.

FIRST SCHEDULE

[Regulation 6]

PRESCRIBED FORM

Form I

[Regulation 6]

(To be completed in triplicate)

THE ZAMBIA INFORMATION AND COMMUNICATIONS TECHNOLOGY AUTHORITY

The Information and Communication Technologies Act, 2009

(Act No. 15 of 2009)

The Information and Communication Technologies (Type Approval) Regulations, 2010

APPLICATION FOR TYPE APPROVAL
	Shaded fields for official use only	Licence code
Date/Time
Information Required	Information Provided
1. Type of Licence
2. (a) Name(s) of applicant(s)


(b) Type of applicant	Individual		Company	Partnership
3. (a) Nationality
(b) Identity card (National Registration Card No. or Passport No.) – Attach copies
4. (a) Notification Address
Tel:
Fax
E-mail
(b) Information of contact person authorised to represent the applicant
Tel:
Fax
E-mail
5. (a) Company name
(b) Company address
(c) Company registration No. (Attach certified copies of certificate of registration)
6. Previously held licences in Zambia, if any, by applicant issued under the Information and Communication Technologies Act, 2009	Licence (Type and Licence No.)
(a) (b) (c) (d) (e) (f)
7. Currently held licences in Zambia, if any, by applicant issued under the Information and Communication Technologies Act, 2009	Licence (Type and Licence No.)
(a) (b) (c) (d) (e) (f)
8. Identification of equipment	Technical description of equipment	Purpose for which type equipment approval is required
	(a) (b) (c) (d) (e) (f)
9. Have you been convicted of an offence involving fraud or dishonesty or of any offence under the Information and Communication Technologies Act, 2009, or any other law within or outside Zambia?
If yes, specify details ........................................................................................................................................
Nature of offence ..............................................................................................................................................
Date of conviction ..............................................................................................................................................
Sentence ..........................................................................................................................................................
10. Appendices
Appendix 1:	Attach relevant detailed technical or operational documentation, including—
(a) the full name and mailing address of the manufacturer of the device and the applicant for type approval; and
(b) A copy of the installation and operating instructions to be furnished to a user.
Appendix 2:	Four colour photographs of 5R size, capturing front, rear, side views and the product label (inclusive trade name, model name and other relevant particulars).
Appendix 3:	Letter from equipment manufacturer’s representative authorising vendor to act as agent.
Appendix 4:	Copy of test report from manufacturer or an accredited test laboratory.
Appendix 5:	A certificate of conformity issued by any competent body.
Appendix 6:	A cross-referenced compliance statement from the supplies of the equipment.
Appendix 7:	Any other information that the Authority may require.

DECLARATION

I/We declare that all the particulars and information provided in this application are complete, correct and true and I/we agree that in the event that any of the said particulars and information provided is found to be untrue or fraudulent, the approval will be revoked.

I/We agree that in the event of the revocation of the approval, any fee paid to the Authority for that approval shall be forfeited.

I/We declare that in the event that the nature of my/our business changes, or I/we no longer carry out operations in terms of the approval, I/we will notify the Authority in which case my/our approval may be revoked or revised.

Declared at ................................. this .............. day of ................. 20........ by the following persons who are duly authorised to sign for, and on behalf of, the applicant under the authority of the Power of Attorney or Board Resolution which is hereby attached.

...............................
Applicant's name

...............................
Date

....................................
Applicant's signature

FOR OFFICIAL USE ONLY
Received by .......................................................	RECEIPT NO.
Officer
Amount received ..........................................................
Serial No. of application: ...............................................	STAMP

SECOND SCHEDULE

[Regulation 6]

TYPE APPROVAL FEES

Type of Equipment	Type Approval per Model	Type Acceptance per Model	Modification per Model
Terminal Equipment
ADSL (Full-rate) Modem	25000	12500	1400
bADSL (G Lite) Modem	25000	12500	1400
ADSL Multimode (Full-rate & GLite) Modem	33000	1700	1400
Cable Modem	25000	12500	1400
Coinphone/Payphane	25000	12500	1400
ISDN NTI Equipment	25000	12500	1400
Key Telephone Systems	33000	17000	1400
Telephony Terminals	6800	3400	1400
Facsimile Transceivers	6800	3400	1400
Data Modems	5100	2550	1400
Router/Data Switch	6800	3400	1400
Fixed Wireless Loop	25000	12500	1400
ISDN Basic Rate Access Equipment	25000	12500	1400
Other Terminal Equipment	15000	7500	1400
Distribution Equipment
ISDN Primary Rate Access	33000	17000	14000
ISDN Basic Rate Access Equipment with Built-in NTI	33000	17000	14000
Multi-Line System	33000	17000	14000
Private Automatic Branch Exchange	33000	17000	14000
Voice Messaging System	33000	17000	14000
Core Equipment
Network Management System	33900	16950	14000
ATM UNI Equipment	33000	17000	14000
Other Core network equipment	30000	15000	14000
Radio Equipment
Cordless Phone (CT-O) Line Interface	20000	9700	14000
HF/VHF/UHF for use in Private Radio Networks	10200	5100	1400
Radio Alarm Transmitter	6800	3400	1400
Radio Broadcast Transmitter	13600	6800	1400
Television Broadcast Transmitters	13600	6800	1400
Studio-to-Transmitter Link (STL)	8500	4250	1400
Cellular Telephones (GSM, CDM, 3G, etc.)	13600	6800	1400
Cellular/Fixed Wireless Systems (Base Station)	13600	6800	1400
Cellular/Fixed Wireless Systems (Transmission)	8500	4250	1400
RFID Terminals	7800	3900	1400
Satellite Earth Terminals & Devices (GMPCS, VSATs etc.)	13600	6800	1400
Other Radio Equipment	10000	5000

INFORMATION AND COMMUNICATION TECHNOLOGIES (REGISTRATION OF ELECTRONIC COMMUNICATION APPARATUS) REGULATIONS

[Section 64]

Arrangement of Regulations

Regulation

PART I
PRELIMINARY

1. Title

2. Interpretation

PART II
DEALING IN ELECTRONIC COMMUNICATIONS APPARATUS

3. Dealing in electronic communications apparatus

4. Prohibited dealing in electronic communications apparatus

5. Prohibited of dealing in certain electronic communications apparatus

6. Maintenance of register

7. Restrictions on transmission

8. Notification of change of particulars

9. Testing of electronic communication apparatus for personal use

10. Seizure of electronic communications apparatus

PART III
REGISTRATION OF IDENTIFICATION NUMBERS

11. Registration of devices

12. Register of SIM cards

13. Obligation of seller

14. Restriction on supply on SIM card

15. Management of subscriber identification module (SIM) and international mobile equipment identity (IMEI) numbers

16. Establishment of Central Equipment Identification Register

17. Establishment of Information and De-activation Centre

18. Equipment identification registers

19. Change of subscriber particulars

20. Confidentiality

21. General penalty

SCHEDULE

SI 65 of 2011.

PART I
PRELIMINARY

1. Title

These Regulations may be cited as the Information and Communication Technologies (Registration of Electronic Communication Apparatus) Regulations.

2. Interpretation

In these Regulations, unless the context otherwise requires—

"Authority" has the meaning assigned to it in the Act;

"black list" means a list of apparatus stolen, lost or in respect of which the International Mobile Equipment Identity does not exist or has been changed;

"Centre" means the information and De-activation Centre established under regulation 17;

"Central Equipment Identification Register" means a database of International Mobile Equipment Identity and other information maintained by the Authority or its appointed agent;

"deal" includes the manufacture, import for sale, demonstrating, transmission, letting for hire, sale, or offering or possessing for sale, any equipment which is capable of being used for the purpose of providing and electronic communications service, and "dealer", or "dealing" shall be construed accordingly;

"electronic communications apparatus" has the meaning assigned to it in the Act;

"Equipment Identification Register" means a database containing International Mobile Equipment Identity and other information maintained by an electronic communications service provider;

"Grey list" means a list produced by an electronic communications service provider on electronic identity information of apparatus other than a white or black list;

"identity document" means an identity document issued under the National Registration Act or a passport issued under the Passports Act, 2003;

"International Mobile Equipment Identity" means a number that uniquely identifies mobile communication equipment;

"licensee" has the meaning assigned to it in the Act;

"mobile cellular service provider" means an electronic communications service provider licensed to provide mobile telecommunications under the Act;

"Mobile Subscriber Integrated Service Digital Network" means a number uniquely identifying a subscription in a Global System for Mobile or Universal Mobile Telecommunication System mobile network;

"sale" includes every transaction of or in the nature of—

(a) barter or exchange;

(b) hire or hire purchase;

(d) transfer of ownership or creation of an interest in goods;

"seller" means a person or an agent appointed or authorised by a mobile cellular service provider to sell SIM cards on the mobile cellular service provider’s behalf;

"SIM card" means a Subscriber Identification Module (SIM) card inserted inside the mobile cellular phone or other device;

"subscriber" means an individual who, or company that, subscribes to the service of an electronic communications service provider;

"type approved apparatus" means an electronic communications apparatus approved for sale under the Information and Communication Technologies (Type Approval) Regulations, 2011; and

"white list" means a list produced by the Authority or a person appointed by the Authority, on electronic identity information of apparatus permitted to be supplied in the market.

PART II
DEALING IN ELECTRONIC COMMUNICATIONS APPARATUS

3. Dealing in electronic communications apparatus

A person who intends to deal in any electronic communications apparatus shall deal in apparatus that has been type approved and authorised by the Authority in accordance with the Information and Communication Technologies Regulations.

4. Prohibited dealing in electronic communications apparatus

(1) A person shall not knowingly or negligently deal in electronic communications apparatus which causes or is likely to cause harm.

(2) A person shall not deal in an unlawful manner in electronic communications apparatus which is capable of monitoring or intercepting the transmission of an electronic communications network or service.

(3) A person shall not, without lawful authority, have in that person’s possession an electronic communications apparatus capable of being used to insert, duplicate, alter, delete or remove an identification code or number of an electronic communications apparatus.

(4) For the purposes of this regulation, "electronic communications apparatus" includes a SIM Card.

(5) A person who contravenes sub-regulation (1), (2) or (3) commits and offence and is liable, upon conviction, to a fine not exceeding two thousand five hundred penalty units or to imprisonment for a period not exceeding two years, or to both.

5. Prohibition of dealing in certain electronic communications apparatus

(1) A person shall not, without lawful authority, deal in any electronic communications apparatus which consists of—

(a) scanning receivers;

(b) military communication equipment;

(d) automatic call diverters;

(e) radio communication equipment operating in frequency bands 890 915 MHz and 935 960 MHz or such other frequency bands as the Authority may specify, except cellular mobile devices or such other equipment approved by the Authority; and

(f) radio communication jamming devices.

(2) A person who deals in electronic communications apparatus shall—

(a) operate it in a manner which is safe and which does not impair or interfere with the efficient and convenient working or maintenance of any other electronic communications apparatus or service authorised by the Authority; and

(b) not knowingly permit the electronic communications apparatus in the person’s possession to be used for any unlawful purpose.

6. Maintenance of register

A dealer shall keep or cause to be kept a register of all third parties that the person deals with, which shall contain—

(a) the names and business addresses of the premises from which the third parties operate; and

(b) an inventory of all type-approved, type-accepted and exempted electronic communications apparatus belonging to the third party.

7. Restrictions on transmission

(1) A dealer in electronic communications apparatus shall not transmit or permit the transmission of superfluous signals.

(2) A dealer shall not test any transmission, or allow or conduct any demonstration or practical transmission, except in such circumstances as to preclude the possibility of interference with any other electronic communications apparatus.

(3) A dealer shall not, without the approval of the Authority, conduct any test transmission other than on a dummy load.

8. Notification of change of particulars

(1) A dealer in electronic communications apparatus who changes the business premises and any other particulars with regard to information that was supplied with a request for approval, shall, within seven days of the change, notify the Authority in writing.

(2) A person who contravenes sub-regulation (1) commits an offence and is liable, upon conviction, to a fine not exceeding two thousand five hundred penalty units.

9. Testing of electronic communication apparatus

(1) The Authority may, at the request of any person intending to use any electronic communications apparatus or type of electronic communications apparatus for personal purposes, test the apparatus to verify that it is designed, constructed, installed, established, maintained or operated in accordance with such technical specifications as the Authority may determine.

(2) Sub-regulation (1) shall not apply to any radio communication equipment that does not require type approval.

10. Seizure of electronic communications apparatus

The Authority may seize electronic communication apparatus if—

(a) the apparatus is imported without the approval of the Authority; or

(b) the apparatus does not meet the standards or specifications determined by the Authority.

PART III
REGISTRATION OF IDENTIFICATION NUMBERS

11. Registration of devices

(1) A person who, before the commencement of these Regulations, is in possession of electronic communications apparatus that utilises a SIM card shall, within 12 months of the coming into operation of these Regulations, register with the electronic communications network or service provider, the details of the apparatus.

(2) A person who, after the commencement of these Regulations, acquires an electronic communications apparatus that utilises a SIM card shall register with the electronic communications network or service provider, the details of the apparatus.

12. Register of SIM cards

An electronic communications network or service provider shall maintain an electronic register of individual subscriber information, including the—

(a) names and physical addresses of the subscribers;

(b) serial number of SIM cards; and

13. Obligations of seller

(1) A seller shall, on the sale of a SIM card, ensure that the purchaser completes and submits to the seller, Form I set out in the Schedule.

(2) A seller shall, within seven days of the compliance of the form referred to in sub-regulation (1) submit it to the electronic communications service provider.

(3) A seller who provides a SIM card to any person without collection of the information required under sub-regulation (1), or who fails to remit the information to be electronic communication service provider in accordance with sub-regulation (2), commits an offence and is liable, upon conviction—

(a) to a fine not exceeding two thousand five hundred penalty units; and

(b) to a fine not exceeding two thousand five hundred penalty units in respect of each SIM card sold.

(4) A seller shall maintain records of information relating to the purchaser of any SIM card stating the—

(a) name of the electronic communications service provider;

(b) particulars of the dealer;

(d) particulars of the SIM Card.

14. Restriction on supply of SIM card

(1) An electronic communications service provider shall not provide, sell, register or activate a SIM card in respect of which a person does not provide the valid identification documents required under these Regulations.

(2) A person who contravenes this regulation commits an offence and is liable, upon conviction, to a fine not exceeding two thousand five hundred penalty units or to imprisonment for a period not exceeding two years, or to both.

15. Management of subscriber identification module (SIM) and international mobile equipment identity (IMEI) numbers

(1) An electronic communications network or service provider shall—

(a) maintain three lists, to be known as the white list, grey list and black list, in order to facilitate the management of subscriber identification module and international mobile equipment identity numbers; and

(b) disable electronic communications apparatus that do not conform with the management requirements under these Regulations.

(2) A white list shall contain the subscriber identification module and international mobile equipment identification numbers of all apparatus that are authorised for use in the Republic.

(3) A grey list shall contain the subscriber identification module and international mobile equipment identification numbers of apparatus that are suspected to be cloned or to have changed electronic identity or are otherwise utilised without authorisation.

(4) A black list shall contain the subscriber identification module (SIM) and international mobile equipment identification (IMEI) numbers of apparatus that are disabled as a result of being stolen, clone, utilised without authorisation or for which the electronic identity has changed.

(5) A person whose device is stolen or who otherwise losses possession of the apparatus may apply to the Authority to have the subscriber identification module and the international mobile equipment identity number of the apparatus entered on the black list and the device disabled upon providing proof of ownership and a police report.

(6) An electronic communications network or service provider shall—

(a) cause to be updated in the Central Equipment Identification Register on a daily basis, the particulars of apparatus that appear in the grey list;

(b) enter on the Register referred to in paragraph (a) the full names, address, title, subscriber identification, communication information and date and place of use of the apparatus; and

(c) where the apparatus is not on the white list, send a short message to the apparatus stating that the apparatus is not on the white list and requiring the person in possession of the apparatus to register the apparatus with the Authority, failure to which the apparatus shall be placed on the black list and deactivated.

16. Establishment of Central Equipment Identification Register

The Authority shall keep and maintain or cause to be kept and maintained a database to be known as the Central Equipment Identification Registrar in which Subscriber Identification Module (SIM) and International Mobile Equipment Identity numbers and other information shall be recorded.

17. Establishment of Information and Deactivation Centre

(1) The Authority shall cause to be established an Information and Deactivation Centre for the recording of details of electronic communication apparatus with electronic identity information.

(2) The Authority shall utilise the details contained in the Centre for—

(a) the maintenance and management of subscriber and device information;

(b) the identification of SIM numbers that are not registered;

(i) utilising invalid SIM numbers;

(ii) that have been reported stolen or missing; and

(iii) whose International Mobile Equipment Identity (IMEI) numbers have been tampered with or otherwise rendered invalid:

(d) the preparation of the white list, grey list and black list of devices and SIM number; and

(e) the transmission of periodical blacklist reports to law enforcement officers for further action against persons using black listed devices.

18. Equipment identification registers

(1) An electronic communications network or service provider shall keep, maintain and make available in the provider’s network an equipment identification register which shall contain—

(a) the International Mobile Equipment Identity numbers for devices used on the provider’s network;

(b) the address, title, full names and subscriber identity of devices which are not registered.

(2) An electronic communications network or service provider shall—

(a) keep the equipment identification register in good working order and ensure uninterrupted communication with the Central Equipment Identification Register; and

(b) keep the information collected from registration for purposes of these Regulations for a period of three years after the last use of the device.

(2) For the purposes of sub-regulation (1), an electronic communications apparatus is used on a network if it belongs, to or is under the control of, a subscriber on the network.

19. Change of subscriber particulars

(1) A person in possession of a SIM card who changes any particulars with regard to information that was supplied with a request for a SIM card, shall, within seven days of the change, notify the electronic communications network or service provider, in writing.

(2) An electronic communication service provider may de-activate a SIM card where a person does not provide the notification required under sub-regulation (1), or otherwise fails to comply with the provisions of these Regulations.

20. Confidentiality

(1) An employee, agent or third party who has access to subscriber identification information of an electronic communications service provider shall keep confidential the information that comes into the employee’s agent’s or third party’s possession relating to subscriber identification information.

(2) Without prejudice to the generality of sub-section (1), an electronic communications service provider shall not, except where required to do so by an order of court or any other written law, disclose any information relating to subscriber identification information.

(3) A person who contravenes sub-regulation (1) commits an offence and is liable, upon conviction, to the penalty set out in the Act.

21. General penalty

A person who contravenes or fails to comply with a provision of these Regulations for which a penalty is not provided commits an offence and is liable, upon conviction, for each such breach, to a fine not exceeding two thousand five hundred penalty units or to imprisonment for a period not exceeding two years, or to both.

SCHEDULE

[Regulation 13]

FORM 1

(To be completed in triplicate)

ZICTA

ZAMBIA INFORMATION AND COMMUNICATIONS TECHNOLOGY AUTHORITY

INFORMATION AND COMMUNICATION TECHNOLOGIES ACT, 2009

The Information and Communication Technologies (Registration of Electronic Communication Apparatus) Regulation, 2011

SUBSCRIBER IDENTIFICATION INFORMATION

Serial No. of application:
Date/Time
Information required	Information provided
1.	Name of electronic communications service provider
2.	Particulars of dealer
	Name:
	Business Address:
	Physical address	Street:	Town	Province
	Tel:
	Fax:
	E-mail
3.	Particulars of subscriber/guardian
	First name: Other names: Surname:
	Nationality:
	Identity card number (NRC or Passport):
	(Attach certified copies)
	Residential address
	Tel:
	Fax:
4.	Particulars of SIM card
	MSISDN:
	+ 260 9
	Mobile equipment IMEI:

DECLARATION

I declare that all the particulars and information provide in this application are complete, correct and agree that in the event that any the said particulars and information provided is found to be fraudulent, I may be Prosecuted in accordance with the law.

Declared at .................. this ................. day of ............................ 20 ..

………………………………..

Applicant’s Name

………………………….

Date

FOR OFFICIAL USE ONLY

Received by:…………………………………………… (Officer)

STAMP

Subscriber identification code: ………………………….

INFORMATION AND COMMUNICATION TECHNOLOGIES (UNIVERSAL ACCESS) REGULATIONS

[Sections 70 and 91]

Arrangement of Regulations

Regulation

PART I
PRELIMINARY

1. Title

2. Interpretation

3. Application

PART II
UNIVERSAL ACCESS

4. Guiding principles for universal access

5. Designation of universal service area

6. Designation of universal service providers

7. Performance monitoring

8. Service obligations in respect of universal service area

9. Prohibition of transfer, selling, leasing, etc. of designation

10. Revocation of designation

11. Technology neutrality

12. Technology homologation

13. Universal access projects

ART III
ADMINISTRATION OF FUND

14. Universal service subsidy

15. Fund account

16. Qualification for administration of Fund account

17. Administration and management of Fund account

18. Application of Fund

19. Investment of moneys of fund

20. Contributions to Fund and rates of contribution

21. Application for funds

22. Determination of applications

23. Disbursement of funds to universal service provider

24. Banking of money

25. Accounting and auditing of universal access funds

26. Termination of agreement

27. Accounting and auditing of Fund

28. Annual Report

SCHEDULE

Act 15 of 2009,

SI 38 of 2012,

SI 16 of 2013,

SI 86 of 2013,

SI 25 of 2018.

PART I
PRELIMINARY

1. Title

These Regulations may be cited as the Information and Communication Technologies (Universal Access) Regulations.

2. Interpretation

In these Regulations, unless the context otherwise requires—

"accessibility" means the presence throughout the geographical area of electronic communication services, including in particular, for persons with disabilities;

"access point" means a facility from which users can have the use of electronic communications services, including payphones, fax, e-mail, multi-purpose community telecentres, and cyber cafes;

"affordability" means the ability of an electronic communications service to facilitate the provision of services at prices that allow the majority of the population to utilise the service.

"agreement" means a fund management agreement entered into between a manager and the Authority under section 4 of the Act;

"Authority" means the Zambia Information and Communications Technology Authority provided for under section 4 of the Act;

"availability" means easily and readily accessible basic communication services by users at any designated time, including persons with disabilities;

"basic communication service" means a communications service that facilitates end-to-end transmission of information;

"commercial bank" means a bank holding a licence under the Banking and Financial Services Act;

"customer premises equipment" means any communication terminal equipment, mobile cellular telephone handset, fixed line telephone set, personal computer, facsimile machine, radio receiver, television receiver and any other equipment permitted to be utilised for access to basic communication services;

"Fund" has the meaning assigned to it in the Act;

"Fund account" means an account operated by the Authority under Regulation 13;

"information and communication technology" has the meaning assigned to it in the Act;

"licensee" has the meaning assigned to it in the Act;

"manager" means the Fund Manager appointed under section 71 of the Act;

[Subs by reg 2 of SI 25 of 2018.]

"public communications network" means an electronic communications network used for the provision of electronic communications service to the public;

"project" means a universal access project referred to in regulation 11;

"sustainability" means the management and maintenance of the communications points of presence in a manner that will ensure the continuation of the communication services provided at all times;

"tariff" means a charge by a licensee levied on consumers of electronic communications services as consideration for the service rendered;

"universal service" means making electronic communications services available to any person at domestic level regardless of their geographical or physical location;

"universal service obligation" means the requirement of universal service providers to provide a defined minimum communication service or services of specified quality or quantity determined by the Authority for purposes of achieving increased access to electronic communications services and tools;

"unsaved areas" means Areas designated by the Authority as areas that do not have information and communication technology infrastructure and electronic communications services; and

"under-served areas" means areas designated by the Authority as areas that do not have adequate, affordable, sustainable, basic or advanced quality information and communication technology infrastructure and electronic communications services.

3. Application

These Regulations shall apply to all licencees designated as universal service providers by the Authority.

PART II
UNIVERSAL ACCESS

4. Guiding principles for universal access

(1) The Authority shall, in promoting the provision of universal access—

(a) ensure that the provision of service to un-served and under-served areas meets the requirements of affordability, accessibility, availability, sustainability and quality of service;

(b) encourage initiatives to extend, upgrade and expand the capacity and roll out of existing infrastructure in specific areas to un-served or under-served areas, including initiatives by local communities;

(d) established and determine, for sharing, the net cost of universal access obligations between designated licencees so that universal access obligations do not represent an unfair burden on any licensee providing universal access.

5. Designation of universal service areas

(1) The Authority shall, by notice in the Gazette, designate areas as universal service areas.

(2) The Authority shall take all reasonable steps to facilitate the advancement of universal access in the totality of any area designated as a universal service area.

6. Designation of universal service providers

(1) A licensee may apply to the Authority for designation as a universal service provider in Form I set out in the Schedule.

(2) The Authority shall, within 60 days of the receipt of an application under sub-regulation (1), approve or reject the application:

Provided that where the Authority rejects an application, it shall inform the applicant of the reasons for the rejection.

(3) The Authority shall, where it approves an application under sub-regulation (1), designate the licensee as a universal service provider, in Form II set out in the Schedule.

(4) The Authority shall approve an application for designation as a universal service provider where the Authority is satisfied that—

(a) the applicant has the capacity to meet the supply of appropriate equipment, goods and services for—

(i) persons with special needs;

(ii) the delivery of quality and affordable communication services; and

(iii) ensuring availability and accessibility to all persons; and

(b) the applicant has duly submitted a plan specifying—

(i) the appropriate equipment, goods and services that the applicant will supply in fulfilment of the universal service obligation in the designated area;

(ii) how the applicant will fulfil the universal service obligation;

(iii) the appropriate terms and conditions on which the equipment, goods and services are to be supplied;

(iv) the appropriate arrangements for the marketing and the supply of the equipment, goods and services to the persons for whom it is intended to benefit;

(d) there are inadequate services in particular areas or places;

(e) the designation will assure the commercial viability of installation of electronic communications networks or providing electronic communications services in particular areas or places;

(f) the designation will not create any barriers to the use of available services;

(g) the application complies with any other requirements under the Act, any other law or as are stipulated by the Authority; and

(h) the application is not contrary to the public interest, public health or safety.

7. Performance monitoring

(1) The Authority shall carry out periodic performance monitoring of a universal service provider in order to ensure that the performance of the universal service provider meets the levels of performance required by the Authority.

(2) The Authority may, where the Authority considers that a universal service provider has not met the levels of performance required by the Authority, revoke the designation of that provider as a universal service provider.

(3) The Authority shall, every six months, publish in a daily newspaper of general circulation in Zambia the performance of the universal service providers in meeting their service obligations.

8. Service obligations in respect of universal service area

(1) A universal service provider shall—

(a) ensure the availability of services to every household that requests public communication services;

(b) provide a mechanism to enable the members of the public access electronic communication services; and

(i) it provides to the members of the public, the services that the Authority determines as essential; and

(ii) services are reasonably accessible to all persons on an equitable basis, irrespective of location.

(2) The Authority may, in promoting universal service obligations, set up schemes for price caps, geographical averaging or other similar schemes for some or all the services.

(3) The Authority shall design schemes that ensure affordable access to services based on the principles of transparency and non-discrimination through guidelines setting out the criteria that ensures affordable access to all persons.

9. Prohibition of transfer, selling, leasing, etc., of designation

A designation made under these Regulations shall not, without the prior approval of the Authority, be transferred, bought, sold, assigned, leased, mortgaged or charged to a third party.

10. Revocation of designation

(1) Subject to the other provisions of these Regulations, the Authority may revoke a designation if—

(a) the universal service provider informs the Authority, in writing, that the universal service provider does not intend to provide electronic communications services any longer;

(b) the Authority has reasonable grounds to believe that the designation was obtained through fraud, misrepresentation, concealment of a material fact or submission of incorrect information;

(c) the universal service provider has not, within the period stipulated by the Authority, commenced the service for which the designation was made;

(d) the universal service provider provides an electronic communications service that the universal service provider is not licensed to provide;

(e) the period for which the designation was made has lapsed;

(f) the universal service provider is convicted of an offence involving fraud or dishonesty, or any other offence under the Act or any other written law and sentenced therefor to a term of imprisonment of six months or more without option of a fine;

(g) since the designation, circumstances have arisen disqualifying the universal service provider from holding the designation;

(h) the universal service provider, without a justified reason, has ceased to provide the services in respect of which the universal service provider was designated, for more than 60 consecutive days or 90 days with intermissions during the calendar year;

(i) the universal service provider has failed, in spite of written notice, to comply with the conditions of the designation;

(j) the revocation of the designation is necessary in the interest of public safety, security, peace, welfare or good order; or

(k) the Authority considers it appropriate in the circumstances of the case to do so.

(2) Where a universal service provider does not comply with the Act or with the conditions of the designation, the Authority shall notify the universal service provider of the measures that the universal service provider should undertake, within a specified period, to comply with the conditions of the Act or the designation.

(3) The Authority shall, where a universal service provider fails to comply with a notice issued under sub-regulation (2), within a specified period of time, revoke the designation.

(4) The Authority shall not be liable to refund a universal service provider whose designation is revoked in terms of this regulation.

[Reg 10(4) sub by reg 2 of SI 16 of 2013.]

(5) Where a designation is revoked under this regulation, the designation shall be void and shall be surrendered to the Authority.

(6) The Authority shall, before revoking a designation under this regulation, give the universal service provider an opportunity to be heard.

11. Technology neutrality

(1) A universal service provider shall, in fulfilling any universal service programmes, use information and communication technologies that are necessary for the provision of the services.

(2) The technologies under sub-regulation (1) shall be provided in accordance with the Act or any other written law.

12. Technology homologation

A universal service provider shall ensure that the technology used dopes not disrupt any existing electronic communications networks or networks planned in writing and approved by the Authority.

13. Universal access projects

(1) The Authority may initiate and implement a universal access project in a designated universal service area upon assessing the needs of the area.

(2) The Authority shall use monies from the Fund to execute the universal access project referred to in Sub-regulation (1);

[Reg 13(2) ins by reg 2(a) of SI 86 of 2013.]

(3) The Authority may designate a universal service provider to execute any universal access project referred to under sub-regulation (1) in accordance with the criteria determined by the Authority.

[Reg 13(2) renumbered as reg 13(3) by reg 2(b) of 86 of 2013.]

PART III
ADMINISTRATION OF FUND

14. Universal service subsidy

The Authority shall determine a subsidy for each universal service area in respect of each universal service obligation for the period specifying—

(a) the amount, or method for working out the amount of the subsidy; and

(b) the circumstances in which a universal service provider is eligible to be paid the subsidy.

15. Fund account

(1) Subject to sub-regulation (2), the Authority shall open and operate an account for purposes of the Fund at such commercial bank as the Authority may determine, in which shall be deposited the moneys received for universal access as stipulated in the Act.

(2) A commercial bank may host and operate the Fund account if it—

(a) is compliant with the provisions of the Banking and Financial Services Act and any other relevant law;

(b) has a sound balance sheet in line with the minimum standards determined by the Bank of Zambia;

(c) offers extensive products that include institutional banking, micro and small business enterprise banking services, trade finance and project finance;

(d) has in place a treasury section with an asset and liability committee;

(e) has in place a well performing credit and portfolio management section; and

(f) has in place underwriting standards for credit business that cover key sectors of the economy.

(3) The Authority shall advance moneys deposited in the Fund account to a manager, in accordance with these Regulations, for onward disbursement to eligible universal service providers.

16. Qualification for administration of Fund account

(1) A manager qualifiesto manage a Fund account if that manager—

(a) demonstrates the ability to administer and manage a Fund;

(b) is not an undischarged bankrupt;

(d) has not been convicted of an offence involving fraud or dishonesty; and

(e) is incapable of performing the functions of a Fund manager.

(2) The Authority shall appoint a Fund manager on such terms and conditions as the Authority may determine.

[Reg 16 subs by reg 3 of SI 25 of 2018.]

17. Administration and management of Fund account

(1) A manager shall, for purposes of administering and managing a Fund account, enter into an agreement with the Authority in which the manager agrees to—

(a) maintain a call account, in the name of the Authority, in which the balance shall represent funds awaiting disbursement to various universal access providers eligible to receive disbursement in accordance with the Act and these Regulations;

(b) make monthly payments of interest on the call account at an agreed rate per annum where applicable;

[Reg 17(1)(b) am by reg 4 of SI 25 of 2018.]

(d) conduct a valuation of assets obtained from the Fund disbursements on a quarterly basis; and

(e) make a comprehensive report to the Authority on the subsidy disbursements made to applicants and the activities associated with the Fund disbursements on the accounting date.

[Reg 17(1)(e) am by reg 3(a) of SI 86 of 2013.]

(2) An agreement entered into under sub-regulation (1) may specify any other terms and conditions relating to the administration and management of the Fund account consistent with the provisions of the Act and these Regulations.

(3) The Authority shall advance a manager with an agreed amount of money from the Fund for onward disbursement to a universal service provider.

[Reg 17(3) am by reg 3(b) of SI 86 of 2013.]

(4) The Authority shall pay to the manager such money as may be agreed with the Authority.

18. Application of Fund

(1) There shall be charged on, and discharged from, the Fund.

(a) the payment of contributions in accordance with the Act;

(b) all the expenses incurred in connection with, or incidental to the management and administration of the Fund, including the cost of audit; and

(2) The sum standing to the credit of a manager shall, until paid out in accordance with these Regulations, remain the property of the Authority and shall not form part of the assets of a fund manager or universal service provider in the event of bankruptcy or insolvency, or be liable to attachment in satisfaction of the fund manager’s or universal service provider’s debts.

19. Investment of moneys of fund

(1) The manager may, subject to this regulation, with the approval of the Authority, invest any money of the Fund not required to meet the charges upon the Fund in any of the following ways:

(a) in any interest bearing accounts of any bank or institution which is governed by any written law;

(b) in stocks, securities or funds issued by, or on behalf of, the Government or in stocks, securities or funds guaranteed by the Government; and

(2) The manager shall not without the prior approval of the Authority, invest assets in excess of 20 per cent of the Fund’s net asset value in any one form of investment.

20. Contributions and rates payable by licensee

(1) A licensee shall contribute, in accordance with section 70 of the Act, at the rate not exceeding 1.5 per cent of gross annual turnover collected by the Authority under the information and Communications Technologies (Licensing) Regulations, 2010.

(2) A contribution made under sub-regulation (1), shall not exceed 50 per cent of the total collectable annual operating fees payable to the Authority.

(3) Contributions payable by a licensee under this regulation shall be payable annually in advance and shall be effected by payment to the Authority.

(4) The Fund may receive moneys from appropriations from Parliament, grants, donations and other sources.

(5) The money received by the fund under sub-regulation (4) shall be deposited in the Fund account and shall form part of the money’s accruing to or otherwise vesting in the fund.

[Reg 20 am by reg 3 of SI 16 of 2013.]

21. Application for funds

(1) A universal service provider wishing to develop any un-served or under-served area may apply to the Authority for money to develop that area:

Provided that the money from the Fund shall only be used to carry out development which has been approved by the Authority.

(2) The application referred to in sub-regulation (1) shall be in writing and shall contain the following particulars:

(a) the development proposal;

(b) the name of the un-served or under-served area for which the development proposal is to be implemented;

(d) a plan for the implementation of the development proposal; and

(e) a plan for the future operation and maintenance of the development and how the development will be financed.

22. Determination of applications

(1) The Authority shall, within 60 days of receipt of an application by a universal service provider approve or reject the application.

(2) The Authority shall, when deciding an application take into account the following:

(a) whether the universal service provider’s development proposal is acceptable and feasible;

(b) whether the development proposal justifies funds being requested;

(d) the possible time within which the development proposal will be implemented; and

(e) any other matter necessary for giving effect to the provisions of this regulation.

(3) Where the Authority finds that the development proposal is feasible and acceptable, the Authority shall direct the Fund manager to make a disbursement of funds and shall include in the direction:

(a) the name of the universal service provider requesting the disbursement;

(b) the development proposal;

(d) the Authority’s finding.

(4) Where the Authority accepts a universal service provider’s application the manager shall release the money to the universal access provider concerned.

(5) The manager shall, within seven days of the decision by the Authority inform, in writing, the universal access provider concerned of that decision.

23. Disbursement of funds to universal service provider

Disbursement of money to the universal service provider from the Fund shall be by way of cheque or bank transfer.

24. Banking of money

(1) A universal service provider to which money from the Fund is to be disbursed in accordance with regulation 23, shall open and maintain a separate bank account at a bank of its own choice, where only money transferred from the Fund shall be kept.

(2) The account referred to in sub-regulation (1) shall be called a "universal service account" and shall bear the name of the universal access provider that opens the account.

(3) A person who contravenes sub-regulation (1) commits an offence and is liable, upon conviction, to a fine.

25. Accounting and auditing of universal access funds

(1) The universal service provider to which the money is disbursed shall, every three months, and at the end of the implementation of the proposed development, present a report to the manager concerning the proposed project.

(2) The report referred to in sub-regulation (1) shall include—

(a) a statement showing income and expenditure;

(b) a statement as to whether more funds are required; and

(3) The universal service account shall be audited annually by independent auditors appointed by the Fund.

(4) The auditor’s fees shall be paid by the Fund.

26. Termination of agreement

(1) The Authority shall terminate an agreement with a manager relating to the administration and management of a Fund account if the manager—

(a) breaches any terms and conditions of the agreement;

(b) ceases to qualify to administer and manage the Fund account in accordance with these Regulations; or

(2) A manager shall, where the Authority terminates an agreement with the manager pursuant to sub-regulation (1) comply with any other directives from the Authority relating to the money advanced to the manager under these Regulations.

27. Accounting and auditing of Fund

(1) A manager shall cause to be kept proper books of account and other records relating to the Fund.

(2) The accounts of the Fund shall be audited annually by independent auditors appointed by the Authority with the approval of the Auditor-General.

(3) The auditor’s fees shall be paid by the Fund.

28. Annual report

(1) As soon as practicable, but not later than 60 days after the end of the financial year, a manager shall submit to the Authority a report concerning the manager’s activities during the financial year.

(2) The report referred to in sub-regulation (1) shall include information on the financial affairs of the Fund and there shall be appended to the report

(a) an audited balance sheet; and

(b) an audited statement of income and expenditure.

SCHEDULE

[Regulations 6(1), 6(2) and 6(5)]

PRESCRIBED FORMS

FORM I

[Regulation 6(1]

(To be completed in triplicate)

THE ZAMBIA INFORMATION AND COMMUNICATION TECHNOLOGY AUTHORITY

INFORMATION AND COMMUNICATION TECHNOLOGIES ACT, 2009

The Information and Communication Technologies (Universal Access) Regulations, 2010

APPLICATION FOR DESIGNATION AS UNIVERSAL SERVICE PROVIDER

() Individual or ( ) class licence Tick as appropriate	Shaded fields for official use only	Reference No.
Date and time
Information required	Information provided
1.	Type of service
2.	(a) Name(s) of applicant(s) (b) Type of applicant
Individual		Company	Partnership
3.	Tax payer identification number (TPIN)
4.	(a) Nationality (b) Identity Card (National Registration Card No. or Passport No.) - Attach certified copies
5.	(a)Notification address Tel: Fax:: E-mail: (b) Information of contact person authorised to represent the Applicant Tel: Fax: E-mail:
6.	(a) Company name (b)Company address (c) Company registration No. (Attach copies of certificate of registration)
7.	Project details
	(a) Location	Proposed launch date
	District
	(b) Brief description
8.	Appendix*
	Appendix 1	Universal service provider statement (setting out the principles the licensee will apply in supplying equipment, goods and services as a universal service provider)
		Marketing plan in respect of service obligation or service area to be covered (setting out the equipment, goods and services that the provider will supply in fulfilment of the service obligation and arrangement for supplying and marketing the equipment, goods and services) and in particular- (a) time-frames for the supply of specified equipment, goods and services; (b) performance standards relating to the fulfilment of universal service obligations; and (c) processes for advising persons about the availability, offer and supply of equipment, goods and services in the fulfilment of the universal service obligation, and the terms and condition on which the equipment, goods or services are offered or supplied.

*The information required to be included in the various appendices

QUALITY OF SERVICE UNDERTAKING

I/we declare that the quality of service I/we provide shall meet the minimum requirements set out under the Act and any other law or guidelines published by the Authority or any international standard to which the designation requires adherence.

DECLARATION

I/we declare that all the particulars and information provided in this application are complete, correct and true and I/we agree that in the event that any of the said particulars and information provided is found to be untrue or fraudulent, the designation will be revoked.

I/we agree that in the event of the revocation of the designation, any fee paid to the Authority for designation shall be forfeited.

I/we declare that in the event that the nature of my/our business changes, or I/we no longer carry out operations in terms of the designation, I/we will notify the Authority in which case my/our designation may be revoked or revised.

Declared at ……………………… this ……………… day of …………………. 20… by the following persons who are duly authorised to sign for and on behalf of the applicant under the authority of the Power of Attorney or Board Resolution which is hereby attached.

.....................................

Applicant’s name

Date ...........................

..........................................

Applicant’s signature

FOR OFFICIAL USE ONLY

Received by:................................................................

Officer

RECEIPT No.

Date Received ............................................................

Amount Received........................................................

Serial No. of application................................................

STAMP

FORM II

[Regulations 6(2)]

THE ZAMBIA INFORMATION AND COMMUNICATION TECHNOLOGY AUTHORITY

INFORMATION AND COMMUNICATION TECHNOLOGIES ACT, 2009

The Information and Communication Technologies (Universal Access) Regulations, 2010

LICENCE No…………………………..

DESIGNEE REF………………………..

UNIVERSAL ACCESS PROVIDER DESIGNATION

(Section 73 of the Information and Communication Technologies Act, No. 15 of 2009)

Designee’s name ……………………………………………………………………………………………………………………

Address ……………………………………………………………………………………………………………………………..............................................................................................................................................................

Type of universal access service:

(a) ……………………………………………………………………………………………………………………………………

(b) …………………………………………………………………………………………………………………………………..

(d) …………………………………………………………………………………………………………………………………….

This designation is granted for a period of ……………….. commencing on the …………… day of ………………. 20…....

The conditions of the designation are as shown in the Annexures attached hereto.

Issued at ………………………………this ………………………………….. day of ………………………………………………

……………………………..

Director-General

ENDORSEMENT OF DESIGNATION

This designation has this ………….... day of …………………………….. been registered to the Register.

………………………

Director-General

Transfers/Amendments or variations/renewals

Date of transfer/ Amendment/variations renewal	Details of transfer/Amendment/ variation/renewal	Date of Registration No. Registration and	Signature of Director-General

INFORMATION AND COMMUNICATION TECHNOLOGIES (ACCESS) REGULATIONS

[Section 91]

Arrangement of Regulations

Regulation

PART I
PRELIMINARY

1. Title

2. Interpretation

3. Scope

PART II
INTERCONNECTION

4. Filing of interconnection agreement

5. Conditions of interconnection agreement

6. Service provision

7. Cost of interconnection

8. Points of interconnection

PART III
ACCESS

9. Access agreement

10. Network access

11. Network access codes

PART IV
CO-LOCATION

12. Co-location agreement

13. Principles of co-location

14. Refusal of co-location

15. Cost of co-location

16. Points of co-location

17. Conditions of co-location

PART V
GENERAL PROVISIONS

18. Notification of requests for agreements

19. Conduct of negotiations

20. Conclusion of agreements

21. Implementation of time frames

22. Determination by Authority on interconnection, access or co-location services

23. Intervention by Authority

24. Interoperability of networks and quality of service

25. Dispute process

SI 57 of 2013,

SI 6 of 2020.

PART I
PRELIMINARY

1. Title

These Regulations may be cited as the Information and Communication Technologies (Access) Regulations.

2. Interpretation

In these Regulations, unless the context otherwise requires—

"access" means the making available, by one licensee, of electronic communications networks, or parts thereof, to another licensee, for the purpose of enabling the other licensee to—

(a) construct, maintain or operate an electronic communications network; and

(b) provide an electronic communications service;

"access number" ...;

[Rep by reg 2(a) of SI 6 of 2020.]

"Authority" means the Zambia Information and Communications Technology Authority provided for under section 4 of the Act;

"co-location" has the meaning assigned to it in the Act;

"competitor" means an entity providing the kind of service or similar service provided by another entity or other entities such that the entities between or among themselves are actual or potential business rivals;

"cost-accounting system" means an accounting system designed to identify, measure and control costs;

"cost-based tariffs" means tariffs priced according to the cost of supplying the service;

"electronic communications apparatus" has the meaning assigned to it in the Act;

"electronic communications service" has the meaning assigned to it in the Act;

"emergency services" means services that are essential for the purposes of saving human life or avoiding destruction to property;

"equitable access to service" means the provision of a service in a manner that is not less favourable to any person or any class of persons entitled to it by way of tariff charged, quality of service offered or any other relevant factors;

"interconnection" has the meaning assigned to it in the Act;

"interconnection charge" means the price charged by a network licensee to another licensee for the purpose of interconnecting to the network;

"interconnection licensee" means a licensee providing or requesting access to infrastructure for the purpose of the licensee providing electronic communication services for terminal or transit destination points;

"international numbering scheme" means a standard according to the International Telecommunications Union E. 64 recommendation for numbering and dialing procedures used for making international calls and consisting of an international prefix, the country code and the national number;

"licensee" means a holder of a network licence, service licence, class licence or individual licence;

"network access code" means a special code or number used to access an electronic communication service;

[Ins by reg 2(b) of SI 6 of 2020.]

"national numbering plan" has the meaning assigned to it in the Information and Communication Technologies (National Numbering Plan) Regulations, 2010;

"network licensee" means a licensee who owns and runs a network infrastructure for the provision of electronic communications services;

"non discrimination" means the principle by which a licensee provides equal and favourable technical and commercial services to the competitor as it would apply to itself, its subsidiary or its affiliates in the delivery of service;

"party" means a party to an interconnection agreement;

"public land mobile network" means a wireless electronic communications network intended for use by terrestrial mobile subscribers;

"public-switched telephone network" means the collection interconnection voice-oriented public telephone networks, both commercial and Government-owned;

"public value added service provider" ...;

[Rep by reg 2(a) of SI 6 of 2020.]

"quality of service" means the capability of a network to provide better service to selected network traffic over various technologies to a standard which ensures that different priority is provided to different applications, user or data flows to guarantee a determined acceptable level of end-to-end performance;

"re-sale" means the offering by an electronic communication service provider of electronic communication services obtained from another electronic communication service provider to users for profit;

"space" means available capacity on electronic communications apparatus to accommodate another licensee entrant;

"unbundling" means the provision of access by a network licensee to the interconnecting licensee in a manner that gives the interconnecting licensee the liberty to buy, lease or use only such aspects of the network licensee's network as the interconnecting licensee requests and does not force the interconnecting licensee to buy, lease or use elements that the interconnecting licensee does not require for purposes of obtaining access;

"universal access" has the meaning assigned to it in the Act; and

"virtual collocation" has the meaning assigned to it in the Act.

3. Scope

These Regulations apply to matters relating to interconnection, co-location and access to an electronic communication network and service.

[Reg 3 subs by reg 3 of SI 6 of 2020.]

PART II
INTERCONNECTION

4. Filing of interconnection agreement

(1) A licensee intending to enter into an agreement for interconnection in respect of providing an electronic communications service to the public may request another licensee for the negotiation of an interconnection agreement.

(2) An interconnection licensee shall submit an interconnection agreement to the Authority for approval within seven days of entering into the interconnection agreement.

(3) The Authority shall approve or reject an interconnection agreement within 20 days of the submission of the agreement.

(4) An interconnection agreement shall not be implemented without the prior written approval of the Authority.

5. Conditions of interconnection agreement

(1) An interconnection agreement shall—

(a) be based on principles of transparency and non-discrimination;

(b) contain an undertaking by a network licensee that the network licensee shall not apply less favourable technical and commercial conditions to any competitor than it would apply to itself, its subsidiary or affiliate in the delivery of services;

(c) contain an undertaking by a party to ensure fair treatment of services originating, transiting or terminating on the other party’s network;

(d) contain an undertaking by a party to offer the interconnecting party available capacity to ensure that the interconnecting party renders similar levels of quality of service; and

(e) contain a provision that the interconnecting parties have agreed on interconnection charges for the delivery of electronic communication services.

(2) An interconnection agreement shall contain a provision that the interconnecting parties shall, in implementing the interconnection agreement, comply with the interconnection guidelines issued by the Authority.

6. Service provision

A party shall ensure that—

(a) the integrity of the public electronic communications network is maintained by remaining operational at all times;

(b) inter-operability of services is maintained by adhering to the inter-operability guidelines issued by the Authority;

(c) in the event of a breakdown of the network, service provision to the public is restored as soon as practicable in conformity with the quality of service guidelines issued by the Authority;

(d) in the event that the service provided to the public is not available the highest level of service is maintained to meet emergency services; and

(e) information stored by either party on an electronic communications network is protected and treated with confidentiality.

7. Cost of interconnection

(1) An interconnection licensee shall, when negotiating an interconnection agreement, provide the necessary details in relation to a point of interconnection to the network licensee to enable the network licensee to determine the electronic communications apparatus or conditions required and estimate the costs of establishing the point of interconnection.

(2) A licensee requesting interconnection to an existing electronic communications apparatus shall meet the licensee’s portion of the interconnection cost.

8. Points of interconnection

A party shall establish and maintain interconnection points at any technically feasible point of the licensee’s electronic communications apparatus.

PART III
ACCESS

9. Access agreement

(1) A licensee may request another licensee for an access agreement.

(2) A licensee who receives a request for an access agreement under sub-regulation (1) may decline to provide access to the requesting licensee if the licensee has reasonable grounds to believe that—

(a) the access requested is not reasonably feasible;

(b) the access requested is likely to lead to harmful interference with the electronic communications apparatus of the licensee; or

[Reg 9(2)(c) subs by reg 4 of SI 6 of 2020.]

(3) A licensee shall, where the licensee refuses access to a requesting licensee notify the requesting licensee of the decision, in writing, copied to the Authority, and specify the reasons for the decision.

10. Network access

(1) A licensee shall—

(a) install an electronic communications apparatus on, over or under any public or private land and shall, where feasible, share the electronic communications apparatus with other licensees where physical, technical and economic constraints deprive the other licensees of access to a viable alternative; and

(b) provide access to an electronic communications apparatus, land or buildings to any other entities as part of the licensee's right-of-way, except that the parties shall agree on the commercial and technical details.

(2) A licensee shall provide non-discriminatory access to an electronic communications apparatus on an unbundled basis to any requesting licensee at any technically feasible point on rates, terms and conditions that are just and reasonable for service provision.

11. Network access codes

A licensee shall be identified by specific network access codes issued by the Authority.

PART IV
CO-LOCATION

12. Co-location agreement

(1) A licensee wishing to enter into an agreement for co-location of apparatus on, over or under public or private land, or to use private property, for the purpose of providing electronic communications services to the public, shall, where requested, in writing, by another licensee negotiate an agreement for co-location with that other licensee.

(2) A co-location agreement shall contain a provision that the co-location parties shall, in implementing the co-location agreement, comply with the co-location guidelines issued by the Authority.

(3) A party shall file a co-location agreement with the Authority within seven days of making the co-location agreement.

13. Principles of co-location

(1) A co-location agreement shall—

(a) be based on principles of transparency and non-discrimination;

(c) contain an undertaking by a party to ensure fair treatment of services originating, transiting or terminating on the other party’s network;

(d) contain an undertaking by a party to offer any co-location party available capacity on the network to ensure that a co-location party renders similar levels of quality of service; and

(e) contain a provision that the co-location parties have agreed on interconnection charges for the delivery of electronic communications services.

14. Refusal of co-location

(1) A licensee may refuse a request for a co-location agreement if the licensee has reasonable grounds to believe that—

(a) there is insufficient space for the co-location requested and no suitable alternative, including virtual co-location; or

(b) the co-location service requested is likely to lead to harmful interference.

(2) A licensee shall, where the licensee rejects a request for a co-location agreement, notify the requesting licensee of the decision, copied to the Authority, and specify the reasons for the decision.

15. Cost of co-location

(1) A licensee requesting co-location to an existing electronic communications apparatus shall meet its portion of the co-location cost.

(2) A licensee shall, during the negotiation of a co-location agreement, provide all necessary details in relation to a point of co-location to a network licensee to enable the network licensee to determine what electronic communications apparatus or conditions may be required and estimate the costs of establishing the point of co-location.

16. Points of co-location

A party shall establish and maintain co-location points at any technically feasible point of the licensee’s electronic communications apparatus.

17. Conditions of co-location

(1) A licensee shall—

(a) file with the Authority a schedule of the fees proposed to be charged for co-location;

(b) charge fees according to the filed schedule;

(c) provide reasonable, just and non-discriminatory rates, terms and conditions for co-location of electronic communications apparatus necessary for inter-connection or for providing access to the unbundled network elements of the network licensee; and

(d) agree with a licensee seeking co-location on an electronic communications apparatus that is necessary to complete the co-location.

(2) A party to a co-location agreement shall ensure that—

(a) the integrity of the public electronic communications network is maintained by remaining operational at all times;

(b) inter-operability of services is maintained by adhering to the inter-operability guidelines issued by the Authority;

(c) in the event of a breakdown of the network, service provision to the public is restored as soon as it is practicable in conformity with the quality of service guidelines issued by the Authority;

(d) the highest level of service is maintained to meet emergency services in the event that the service provided to the public is not available; and

(e) information stored on the network by either party to the co-location agreement is protected and treated with confidentiality.

PART V
GENERAL PROVISIONS

18. Notification of requests for agreements

A licensee requesting for interconnection, access or co-location from another licensee shall notify the Authority of the details of the services requested, and the licensee from which the services are requested, within one day of making the request.

19. Conduct of negotiations

(1) A licensee intending to offer another licensee an interconnection, access or co-location agreement shall prepare and maintain—

(a) a reference offer identifying the interconnection, access or co-location services available;

(b) the locations at which the services are offered;

(d) the tariffs applicable for the service.

(2) The parties wishing to enter into an interconnection, access or co-location agreement shall enter into negotiation in good faith.

(3) A reference interconnection, access or co-location offer shall form the basis of negotiation and agreement where a valid request for interconnection, access or co-location services is made.

(4) Where a requested licensee fails to prepare a reference offer to facilitate entry into an agreement within the time limits prescribed in regulations 4 and 12, the requested licensee shall use a model offer prepared by the Authority as the basis of negotiation and agreement.

20. Conclusion of agreements

(1) An agreement shall be concluded within 20 days where interconnection services are requested and the reference interconnection offer of one licensee is acceptable to the other licensee without modification of the terms and conditions and the services would utilise existing points of interconnection.

(2) An agreement shall be concluded within 45 days where new or modified interconnection services are requested, or services are required at points in the network which have not previously been utilised to offer interconnection services.

(3) An agreement shall be concluded within 20 days where access services are requested and the reference access offer of one licensee is acceptable to the other licensee without modification of the terms and conditions and the services utilise existing points of access.

(4) An agreement shall be concluded within 45 days from where new or modified access services are required, or services are required at points in the network which have not previously been used to offer access services.

(5) An agreement shall be concluded within 20 days from when co-location services have been requested and the reference co-location offer of one party is acceptable to the other party without modification of terms and conditions.

(6) An agreement shall be concluded within 45 days where new or modified co-location services are required, or services are required at points in the network which have not previously been used to offer co-location services.

21. Implementation of time frames

(1) Where an interconnection, access or co-location agreement is based on the parties relevant reference offer and uses, where appropriate, existing points of interconnection or access, the agreement shall be implemented within 45 days of concluding "/>the agreement, unless the parties agree otherwise.

(2) The implementation period, referred to in sub-regulation (1), shall be extended to 60 days where an interconnection, access or co-location agreement requires one or more new points of interconnection or access to be prepared, or requires a new interconnection, access or co-location service to be developed.

22. Determination by Authority on interconnection, access or co-location services

(1) Where the licensees fail to conclude an agreement on interconnection, access or co-location within the time limits specified in regulations 4 and 12—

(a) either licensee may refer the matter to the Authority for determination; or

(b) the Authority may, in the absence of a referral from either of the parties, intervene and make a determination.

(2) Where a requested licensee refuses to provide the interconnection, access or co-location services requested or to provide the interconnection, access or co-location services at the location requested, either licensee may—

(a) notify the Authority of the refusal giving the reasons for the refusal; and

(b) request the Authority to confirm the refusal or make any other determination.

(3) The Authority shall, where a requested licensee refuses to provide interconnection, access or co-location services, investigate the reasons given for the refusal and either confirm the reasons, or determine that the reasons given are not acceptable.

(4) The Authority may, where the Authority does not confirm the reasons given by the requested licensee, determine the interconnection, access or co-location services to be provided by the licensee and the applicable terms and conditions, and shall require the licensees to conclude an agreement on that basis.

23. Intervention by Authority

(1) A licensee may request the Authority to intervene if negotiations for an agreement are not likely to be concluded within the time limits prescribed in these Regulations.

(2) The Authority may, on the request of a licensee under sub-regulation (1), determine the terms of the agreement on behalf of the parties.

(3) The Authority may, on its own motion, intervene in negotiations between licensees where it considers that negotiations are not likely to be concluded within the prescribed period, and may determine the terms of the agreement on behalf of the parties.

24. Interoperability of networks and quality of service

A party shall, for the purposes of the quality of inter-operability to the prescribed level—

(a) notify the Authority and any licensee interconnecting in the electronic communications network of any planned change in the electronic communications network’s capacity, technology, structure and configuration, including a change in the standards, signalling and protocol or other elements thereof, at least nine months before effecting the change or any shorter period agreed by the parties; and

(b) provide details relating to any change in the licensee's electronic communications network, including traffic forecast to the other party and the Authority.

25. Dispute process

Where the parties to an interconnection, access or co-location agreement enter into a dispute in relation to that agreement and the parties have exhausted the dispute resolution process set out in the relevant agreement, the parties may invoke the interconnection dispute handling procedures issued by the Authority.

INFORMATION AND COMMUNICATIONS TECHNOLOGIES (TELECOMMUNICATION TRAFFIC MONITORING) REGULATIONS

[Sections 6 and 91]

Arrangement of Regulations

Regulation

1. Title

2. Interpretation

3. Monitoring system

4. Functions of monitoring system and monitoring process

5. Provision of information by licensee

6. Collection of revenue generated

7. Detecting and handling fraudulent telecommunication traffic

8. Survey and inspection

9. Signalling data

10. Charging rates

11. Installation of devices and safety

12. Interference of networks

13. Physical access to colocation space and inspection

14. Operation or maintenance of colocation equipment

15. Appeals

16. General penalty

SCHEDULE

SI 80 of 2015,

SI 3 of 2017.

1. Title

These Regulations may be cited as the Information and Communications Technologies (Telecommunication Traffic Monitoring) Regulations.

2. Interpretation

In these Regulations, unless the context otherwise requires—

"call detail record" means a detailed call history or log of a consumer obtained from the telephone switch or exchange system for a specified period;

"calling line identification presentation" means a supplementary service offered to the called party that provides the calling party’s Integrated Services Digital Network (ISDN) number, with sub-address information, to the called party;

"Commissioner-General" means the Commissioner-General of the Zambia Revenue Authority appointed under the Zambia Revenue Authority Act;

[Ins by reg 2 of SI 3 of 2017.]

"fraudulent traffic" means telecommunication traffic associated with instances where—

(a) the telecommunication facilities or services are used—

(i) with the intention of avoiding payment;

(ii) without correct payment;

(iii) with no payment at all;

(iv) by making someone else pay; or

(v) by using a wrongful or deceptive means of obtaining a financial or personal gain from the use of those facilities or services;

(b) it is managed by a person without a licence or authorisation issued by the Authority for the management of international telecommunications traffic;

(d) it is managed by a licensee, but charged at a rate below the minimum rate prescribed in the Schedule; and

(e) it is unlawfully trafficked by third parties or carriers that get terminated in Zambia where a network licensee is unable to bill or collect payment;

"gateway" means a switching system through which telecommunications traffic is sent and received with provision for allowing physical monitoring of traffic flow;

"ICT" means information communication technology;

"licensee" has the meaning assigned to it in the Act;

"market watch services" means a business intelligence that looks into emerging key market and technology trends affecting ICT infrastructure and network computing technologies in the market place;

"monitoring" means observing and keeping records of telecommunication traffic signalling for the purpose of—

(a) ensuring compliance with quality of service standards specified and published by the Authority in accordance with section 67 of the Act;

(b) deleting fraudulent traffic; and

"monitoring system" means a telecommunication traffic monitoring system installed and maintained by the Authority in accordance with regulation 4;

"Network Operation Centre" means a location from which the Authority or its appointed agent can exercise network monitoring and control, or network management of a licensee’s network;

"telecommunication" means that part of an electronic communication that involves the transmission, emission or reception of signs, signals, writing, images, sounds, data or a combination of them, by wire, radio, optical or other electromagnetic systems;

"telecommunication network" means a system for providing telecommunication services among a number of locations through equipment;

"telecommunication traffic" means a profile of signs, signals, writing, images and sounds, data or intelligence of any nature flowing within a telecommunication network; and

"SIM" means Subscriber Identity Module.

3. Monitoring system

(1) The Authority shall establish, install and maintain a telecommunication traffic monitoring system which shall ensure quality of service provision and assist in compliance with taxation measures, the Act, the guidelines and the terms and conditions of licences issued by the Authority.

[Reg 3(1) am by reg 3(a) of SI 3 of 2017.]

(2) The Authority shall, in implementing its function under sub-regulation (1)—

(a) require licensees to interconnect their networks to the monitoring system to enable real time data submission for the purpose of monitoring compliance;

(b) ensure that, in implementing the monitoring system, licensees comply with applicable interconnection standards;

(c) require the licensees to electronically submit periodic reports, statistics, data and other information necessary for the setting up and operation of the monitoring equipment;

(d) establish—

(i) appropriate interface points for the monitoring system; and

(ii) appropriate links between a licensee’s network and the monitoring system;

(e) ensure interoperability of the monitoring system with the licensee’s equipment;

(f) verify the returns of operations;

(g) establish procedures for billing and settlement; and

(h) ensure and enhance telecommunication traffic revenue assurance and market watch services.

(3) Subject to these Regulations, the Authority shall bear the cost of ensuring interoperability where the monitoring system is not interoperable with the licensees’ networks.

(4) The Authority, or an employee of the Authority, shall not disclose any information received or obtained during the exercise of any power or performance of any function under these Regulations, unless required or permitted to do so under a written law.

(5) The Commissioner-General shall have access to the monitoring system for the purpose of verifying compliance with taxation measures.

[Reg 3(5) ins by reg 3(b) of SI 3 of 2017.]

4. Functions of monitoring system and monitoring process

(1) The functions of the monitoring system are to—

(a) monitor the quality of service;

(b) generate reliable statistics for both local and international telecommunication traffic;

(d) provide profiles on fraudulent SIM cards;

(e) track and detect fraud through an anti-fraud system and services within the telecommunications network and cause by-pass fraud to be blocked;

(f) detect new mobile devices or other technology that connect onto a licensee’s network in Zambia; and

(g) verify compliance with taxation measures.

[Reg 4(1)(g) ins by reg 4(a) of SI 3 of 2017.]

(2) The Authority shall monitor—

(a) the monthly trend of telecommunication traffic in Zambia;

(b) the parameters relating to quality of service as contained in guidelines issued by the Authority in accordance with sub-section (1) of section 67 and fraud detection by licensees;

[Reg 4(2)(c) ins by reg 4(b) of SI 3 of 2017.]

(3) The Authority shall collect any information from a licensee that is necessary to ascertain the quality of service and volume of traffic carried over to the licensee’s network.

(4) A licensee shall, to facilitate the monitoring of telecommunication traffic by the Authority—

(a) allow the Authority, or a person acting on behalf of the Authority, to install and maintain necessary equipment in, on, upon or under the licensee’s network;

(b) provide the required support and space for the installation of the monitoring system on the licensee’s premises; and

(c) facilitate the installation of data transmission equipment between the monitoring system installed at its switch centres and the Network Operating Centre.

(5) The Authority shall ensure that—

(a) call detail records and taxation compliance data are collected for the purpose of monitoring compliance with these Regulations;

[Reg 4(5)(a) am by reg 4(c) of SI 3 of 2017.]

(b) call detail records and taxation compliance data are collected, encrypted and stored with the last three digits of the calling numbers hashed in a manner that protects the confidentiality of the caller; and

[Reg 4(5)(b) am by reg 4(c) of SI 3 of 2017.]

(c) the call detail records and taxation compliance data collected are not transmitted or given to any third party, except as permitted by law.

[Reg 4(5)(c) am by reg 4(c) of SI 3 of 2017.]

5. Provision of information by licensee

(1) A licensee shall co-operate with the Authority by collecting, submitting and recording data, in real time, associated with specified telecommunication through applicable technical means and compliance with the guidelines and directives issued by the Authority.

(2) Notwithstanding the generality of sub-regulation (1), a licensee shall—

(a) maintain information in a manner that enables the Authority to carry out its functions under these Regulations;

(b) interface with the monitoring system at interface points identified by the Authority within the time specified by the Authority;

(d) permit the Authority, or a person authorised by the Authority, to access its information, facilities or equipment, at a reasonable time or whenever an emergency occurs, for the purpose of verifying compliance with these Regulations;

(e) submit to the Authority any data or information requested for purposes of these Regulations within seven days of receipt of the request; and

(f) ensure that the data necessary for monitoring purposes is submitted electronically in a format determined by the Authority.

(3) A licensee shall, where required to do so by the Authority, provide the Authority with the following information—

(a) the call detail records, in a format specified by the Authority for—

(i) domestic telecommunication traffic; and

(ii) international inbound telecommunication traffic, including transit and roaming telecommunication traffic;

(b) statements by international carriers or operators for the telecommunication traffic terminating in Zambia or invoices sent to international carriers or operators;

(c) the number of minutes and revenue for telecommunication traffic terminating with each international carrier who has contracted the termination service with the licensee; and

(d) any other information relating to the management of the licensee’s network for the provision of telecommunication services, including network signalling data links, recorded telecommunication traffic, contracts and invoices with international carriers and other licensees.

(4) A licensee who, without reasonable cause, fails to submit data or information within the time frames specified by the Authority commits an offence and is liable, upon conviction, to a fine not exceeding two thousand five hundred penalty units or to imprisonment for a period not exceeding two years, or to both.

6. Collection of revenue generated

(1) A licensee shall charge the rate for international incoming telecommunication traffic as prescribed in the Schedule.

(2) The revenue collected from international incoming telecommunication traffic shall be distributed in the manner prescribed in the Schedule.

(3) The Authority may collect any revenue on international telecommunication traffic of a licensee originating from a country with which Zambia has a bilateral agreement governing telecommunication traffic rates between Zambia and that country.

(4) A licensee shall settle an invoice in full and payment shall be made to the Authority within 30 days from the date of the invoice issued by the Authority.

(5) A licensee that has a query relating to an invoice issued by the Authority shall communicate it to the Authority within two working days from the date of the invoice, and the Authority shall address the query within seven working days of receipt of the query, except that the query is not a ground for withholding the payment of the invoiced amount.

7. Detecting and handling fraudulent telecommunication traffic

(1) The Authority shall provide the necessary regulatory surveillance for detecting and handling fraudulent telecommunication traffic.

(2) Subject to sub-regulation (1), the Authority shall, where there is fraudulent trafficking by a licensee, order the licensee to do any of the following—

(a) effectively carry out or comply with fraud surveillance obligations;

(b) disclose a fraud user SIM;

(d) provide for detailed reporting on a fraud user SIM;

(e) share any other fraud information; and

(f) report any fraud or related criminal activity to a law enforcement agency for further action.

(3) The delivery and termination of incoming telecommunication traffic by a licensee shall be limited to the routing of calls to its customers or another licensee’s customers with whom it has an interconnection agreement for the provision of transit and roaming services for incoming telecommunication traffic.

(4) An end user may, in writing, dispute a bill where the end user disputes the origination of calls from a telephone line for which the end user is responsible.

(5) The Authority may, where an end user disputes a bill, make a determination whether an end user is entitled to refuse a bill, within 24 hours of the dispute.

8. Survey and inspection

(1) A licensee shall permit the Authority or a person authorised by the Authority to—

(a) conduct a site survey in order to facilitate installation of the monitoring system; and

(b) conduct site inspection in order to ensure compliance with these Regulations.

(2) A site inspection conducted in accordance with sub-regulation (1) shall be done with, or in the presence of, the licensee or the licensee’s authorised representative.

9. Signalling data

(1) A licensee shall keep signalling data necessary for the management of telecommunications.

(2) A licensee shall notify the Authority before making any upgrade or change to the licensee’s signalling system by giving detailed timelines that may affect the proper functioning of the monitoring system.

(3) For purposes of this regulation, "signalling data" includes origin, destination, service information, time and path of the communication.

10. Charging rates

(1) A licensee shall—

(a) impose a higher premium tariff or block on all international inbound traffic without proper calling line identification presentation in order to encourage international carriers to comply with the International Telecommunications Union calling line identification presentation recommendations and standards;

(b) apply the minimum rate per minute as specified in the Schedule for termination of telecommunication traffic in Zambia;

(d) not charge its customers a higher fee for its service due to its application of the minimum rate specified in the Schedule.

(2) A licensee that contravenes paragraph (d) of sub-regulation (1) commits an offence and is liable upon conviction to a fine not exceeding twenty-five penalty units for each day the contravention continues.

11. Installation of devices and safety

(1) Where a device is installed on a licensee’s network, the licensee shall exercise due care on the safety of the device.

(2) Where a device that is installed on a licensee’s network is interfered with, destroyed or damaged by a licensee, the licensee is liable to pay—

(a) for the cost of replacement of the interfered with, destroyed or damaged device; and

(b) the amount payable to the Authority as specified in the Schedule based on the previous highest returns, plus 10 per cent of the previous highest returns during the period the device remains tampered with, destroyed or damaged.

(3) The Authority shall, where a device is destroyed or damaged by an act of God or natural calamity, take responsibility for the destruction or damage.

12. Interference of networks

(1) There shall be a transmission link between a licensee and the Network Operation Centre that shall be managed and operated by the Authority or a person authorised by the Authority.

(2) Subject to sub-regulation (1), where there is interference to the Network Operation Centre, concerned parties shall take, in good faith, reasonable measures to resolve the problem promptly.

13. Physical access to colocation space and inspection

(1) The Authority shall determine the procedures regarding the physical access to the colocation space and the inspection of the colocation space and equipment by the Authority, representatives or staff of the Authority.

(2) Where there is any direct damage to the colocation plant, network equipment or facilities, arising out of, or during the course of, installation, operation, maintenance, replacement or repair of the colocated facility or network in the premises of an operator, the damage shall be reported to the Authority, its representative or staff and the network equipment or facility shall be, subject to any agreement, rectified by the Authority without delay.

14. Operation or maintenance of colocation equipment

(1) The Authority or its representative shall be responsible for the operation and maintenance of its colocation equipment.

(2) The Authority and licensees shall ensure that their staff observe and comply with applicable or specified safety rules and standards for the purposes of the link.

15. Appeal

A person aggrieved with the decision of the Authority under these Regulations may appeal to the Tribunal in accordance with the Act.

16. General penalty

A person who contravenes a provision of these Regulations for which no penalty is provided commits an offence and is liable, upon conviction, to a fine not exceeding two thousand five hundred penalty units and in the case of a continuing offence, to an additional penalty of twenty-five penalty units for each day that offence continues.

SCHEDULE

[Regulation 5]

Item	Rate Per Minutes (US Cent)	Percentage Rate
1.	Rate for international incoming telecommunication traffic	20	100
2.	The operators’ share of per minute of incoming call	11	55
3.	Revenue to be collected by ZICTA and payable to the treasury	3	20
4.	Service fess	6	25

INFORMATION AND COMMUNICATION TECHNOLOGIES (ALLOCATION OF 3G FREQUENCIES) (REVOCATION) ORDER

[Section 91]

Arrangement of Paragraphs

Paragraph

1. Title

2. Revocation of S.I. No. 31 of 2010

3. Saving

SI 45 of 2017.

1. Title

This Order may be cited as the Information and Communication Technologies (Allocation of 3G Frequencies) (Revocation) Order.

2. Revocation of S.I. No. 31 of 2010

The Information and Communication Technologies (Allocation of 3G Frequencies) Regulations, 2010, are revoked.

3. Saving

Despite paragraph 2, a licensee holding 3G frequency allocated under the revoked regulations shall continue to hold the frequency.

INFORMATION AND COMMUNICATION TECHNOLOGIES (ALLOCATION OF 2G FREQUENCIES) (REVOCATION) ORDER

[Section 91]

Arrangement of Paragraphs

Paragraph

1. Title

2. Revocation of S.I. No. 30 of 2010

3. Saving

SI 46 of 2017.

1. Title

This Order may be cited as the Information and Communication Technologies (Allocation of 2G Frequencies) (Revocation) Order.

2. Revocation of S.I. No. 30 of 2010

The Information and Communication Technologies (Allocation of 2G Frequencies) Regulations, 2010, are revoked.

3. Saving

Despite paragraph 2, a licensee holding 2G frequency allocated under the revoked regulations shall continue to hold the frequency.

INFORMATION AND COMMUNICATION TECHNOLOGIES (FEES) REGULATIONS

[Section 91]

Arrangement of Regulations

Regulation

1. Title

2. Fees

3. Revocation of S.I. No. 34 of 2010

SCHEDULE

SI 48 of 2017,

SI 67 of 2017,

SI 19 of 2022.

1. Title

These Regulations may be cited as the Information and Communication Technologies (Fees) Regulations.

2. Fees

The fees set out in the Schedule are payable in respect of the matters specified therein.

3. Revocation of S.I. No. 34 of 2010

The Information and Communication Technologies (Fees) Regulations, 2010, are revoked.

SCHEDULE

[Regulation 2]

[Sch subs by reg 2 of SI 67 of 2017; am by reg 2 of SI 19 of 2022.]

PRESCRIBED FEES

1. Spectrum Assignment Fees

Service Type	Band Limits	Category	Fee Units
Radio location	—	Per transmitter (station)	278
Citizen band	27MHz	Per transmitter (station)	166
Radio model licence	—	Per transmitter (station)	222
Aeronautical commercial licence	All aeronautical bands	Per channel per broadcasting area	5,556
Aeronautical non-commercial licence	All aeronautical bands	Per channel per broadcasting area	2,778
Aircraft licence	All aeronautical bands	Per aircraft	1,389
Amateur licence	All amateur bands	Per certificate	347
ISM	2.400 - 2.500GHz		Free
5.725 - 5.875GHz
and all other ISM bands
SADC HF cross border	Cross-border channels	Per licence	5,556
District services
FM/SW/MW sound broadcasting	87.5 - 108MHz	Per transmitter (station)	Lusaka, Copperbelt and Livingstone broadcasting areas: 16,667 Others: 5,556
TV broadcasting - terrestrial	174 - 238MHz	Per transmitter (station)	Lusaka, Copperbelt and Livingstone broadcasting areas: 33,333 Others: 13,889
246 - 254MHz
470 - 806MHz
Land mobile bands	0.009 - 30MHz	Per channel per broadcasting area	• Standard HF shared channel: 2,778 per channel
• Standard HF exclusive channel: 5,556 per channel
• Special channels (Emergency channel, common use channels): Free
Land mobile bands	138 - 174MHz	Per channel per broadcasting area	• Standard (simplex) channel: 2,778 per channel per broadcasting area • Special channels (Emergency channel, common use farmers channels): Free
230 - 235MHz
335.4 - 399MHz
406 - 430MHz
440 - 450MHz
Transmission links Microwave link bands	1.350 - 1.400GHz	Per transmitter	• 2,778
5.925 - 8.500GHz
10.70 - 12.50GHz
12.75 - 13.25GHz
14.50 - 15.35GHz
17.30 - 19.70GHz
22.00 - 24.00GHz
Satellite	All satellite bands	Per transmitter	• Cross border: 130,000
• Domestic urban: 13,889
• Domestic rural: 5,556
• Radio determination: Free
• Satellite based devices: 1,389
• Satellite news gathering: 1,389
Maritime bands	All maritime bands	Per channel per broadcasting area	• Standard (simplex) channel: 2,778 per channel per broadcasting area
• Special channels (Emergency channel, common use maritime channel): Free
Commercial (community) repeater	—	Per licence	13,889
Paging commercial licence	—	Per licence	55,556
Paging bands	138 - 174MHz	Per channel per broadcasting area	• Standard (simplex) channel: 2,778 per channel per broadcasting area • Special channels (e.g. emergency channel): Free
230 - 235MHz
335.4 - 399MHz
406 - 430MHz
440 - 450MHz
Provincial services
3.5GHz band	3400 - 3600MHz	Per 1MHz per province	13,889 per MHz
5.4GHz band	5470 - 5720MHz	Per 1MHz per province	13,889 per MHz
10.5GHz band	10.15 - 10.3GHz// 10.5 - 10.65 GHz	Spectrum fee formula (i.e. per 1MHz per province)	13,889 per MHz
National services
Mobile initial spectrum licence fee	1900 - 2200MHz	Per licence	12,000,000
GSM bands	880 - 960MHz 1710 - 1880MHz	Per 200KHz	155,556
2.1GHz band (3G Spectrum)	1900 - 2200MHz	Per 200KHz	155,556
2.3GHz band	2300 - 2400MHz	Per 1MHz per province	13,889
2.5GHz band	2500 - 2690MHz	Per 1MHz per province	13,889
3.3GHz band	3400 - 3600MHz	Per 1MHz per province	13,889

2. Spectrum Fee Formula

Spectrum fee = fee factor multiplied by total bandwidth >_{(MHz)> multiplied by re-use factor multiplied by sharing factor, that is to say—}

S>f >= F*B>_{(MHz)> *p* ä}

Where—

S>f >- stands for spectrum fee;

F - stands for the fee factor as set by the Authority and applied in accordance with the frequency band of the spectrum assigned;

B>(MHz)>- stands for the total assigned bandwidth in Mega Hertz;

P - stands for the sharing factor; and where—

P= one for each specified region relating to which spectrum has been dedicated to a user and ten in all cases where spectrum is dedicated to a user for the whole country; and where—

ä= one for each specified region relating to which spectrum has been dedicated to a user.

Notes:

(a) the re-use factor shall be the total number of the specified regions in which the spectrum assigned may be used;

(b) the sharing factor shall be the inverse of the number of operators assigned the same spectrum in the same specified region; and

3. Network Licence (Facilities and Service)
Market Segment	Type of Service	Application Fee (Fee Units)	License Fee (Fee Units)	Annual Operating Fee (% of GAT)	Duration (Years)	Type of Licence
International	International gateway facilities for both voice and data to include satellite hub, earth station, VSAT, submarine cable, fibre optic cable, switching centre, nodes and servers	55,556	10,850,000	1.5	15	Individual
National	Fibre optic cable, submarine cable, other transmission cables, ducts, poles, towers, switching centre, satellite hub, VSAT, exchange nodes, servers, transceivers, multiplexer, data centre, and internet exchange points (IXP)	55,556	4,000,000	1.5	10	Individual
Provincial	Fibre optic cable, submarine cable, other transmission cables, ducts, poles, towers, switching centre, satellite hub, VSAT, exchange nodes, servers, transceivers, multiplexer, data centre and internet exchange points (IXP)	27,778	Tier 1: 555,560 Tier 2: 388,890 Tier 3: 222,224	1.5	5	Individual
District	Fibre optic cable, submarine cable, other transmission cables, ducts, poles, towers, switching centre, satellite hub, VSAT, exchange nodes, servers, transceivers, multiplexer, data centre and internet exchange points (IXP)	5,556	Tier 1: 208,335 Tier 2: 145,834 Tier 3: 83,334	1.5	5	Individual
*Percentage of gross annual turnover excludes interconnect charges and is derived only from revenues earned from provision of licensed services

4. Network Licence (Facilities)
Market Segment	Type of Facility	Application Fee (Fee Units)	License Fee (Fee Units)	Annual Operating Fee (% of GAT)	Duration (Years)	Type of Licence
International	International gateway facilities for data only include satellite hub, earth station, VSAT, submarine cable, fibre optic cable, switching centre, nodes and servers	55,556	8,137,500	1.5	15	Individual
National	Category A: Electronic Communications: Fibre optic cable, submarine cable, other transmission cables, ducts, poles, towers, switching centre, satellite hub, VSAT, exchange nodes, servers, transceivers, multiplexer, data centre and internet exchange points (IXP) Category B: Broadcasting Signal Distribution: Multiplexer data centres, VSAT, servers, towers, ducts, transceivers and transmitters	55,556	3,000,000	1.5	10	Individual
Provincial	Category A: Electronic Communications: Fibre optic cable, submarine cable, other transmission cables, ducts, poles, towers, switching centre and satellite hub, VSAT, exchange nodes, servers, transceivers, multiplexer, data centre and internet exchange points (IXP) Category B: Broadcasting Signal Distribution: Multiplexer, data centres, VSAT, servers, towers, ducts, transceivers and transmitters	27,778	Tier 1: 416,670 Tier 2: 291,669 Tier 3: 166,668	1.5	5	Individual
District	Category A: Electronic Communications: Fibre optic cable, submarine cable, other transmission cables, ducts, poles, towers, switching centre, satellite hub, VSAT, exchange nodes, servers, transceivers, multiplexer, data centre and internet exchange points (IXP) Category B: Broadcasting Signal Distribution: Multiplexer, data centres, VSAT, servers, towers, ducts, transceivers and transmitters	5,556	Tier 1: 277,780 Tier 2: 194,446 Tier 3: 111,112	1.5	5	Individual
*Percentage of gross annual turnover excludes interconnect charges and is derived only from revenues earned from provision of licensed services

5. Service Licence
Category A: With Network Licence (Facilities and Service)
Market Segment	Type of Service	Application Fee (Fee Units)	License Fee (Fee Units)	Annual Operating Fee (% of GAT)	Duration (Years)	Type of License
International	International voice and data services	55,556	1,500,000	3	10	Individual
National	National public voice, message, internet services, Internet Telephony (VoIP), pay phone, value added services and data services	55,556	1,000,000	3	10	Individual
Provincial	Provincial public voice, message, internet services, Internet Telephony (VoIP), pay phone, value added services and data services	5,556	Tier 1: 555,560 Tier 2: 388,892 Tier 3: 222,224	3	5	Individual
District	District public voice, message, internet services, Internet Telephony (VoIP), pay phone, value added services and data services	5,556	Tier 1: 277,780 Tier 2: 194,446 Tier 3: 111,112	3	5	Individual
*Percentage of gross annual turnover excludes interconnect charges and is derived only from revenues earned from provision of licensed services

Category B: Without Network Licence (Facilities and Service)
Market Segment	Type of Service	Application Fee (Fee Units)	License Fee (Fee Units)	Annual Operating Fee (% of GAT)	Duration (Years)	Type of Licence
International	Resell of international voice and data services	27,778	1,875,000	3	10	Class
National	National public voice, message, internet services, Internet Telephony (VoIP), pay phone, value added services and data services	27,778	1,250,000	3	10	Class
Provincial	Provincial public voice, message, internet services, Internet Telephony (VoIP), pay phone, value added services and data services	27,778	Tier 1: 694,450 Tier 2: 486,115 Tier 3: 277,780	3	5	Class
District	District public voice, message, internet services, Internet Telephony (VoIP), pay phone, value added services and data services	27,778	Tier 1: 347,225 Tier 2:243,057.5 Tier 3:138,890	3	5	Class
*Percentage of gross annual turnover excludes interconnect charges and is derived only from revenues earned from provision of licensed services

Category C: With Numbers Only
Market Segment	Type of Service	Application Fee (Fee Units)	License Fee (Fee Units)	Annual Operating Fee (% of GAT)	Duration (Years)	Type of Licence
National	National Value Added Services (VAS) only	5,556	33,333	3	1	Class

Note:

Renewal fees

The fees payable upon renewal of a licence shall be those applicable in the case of an application.

INFORMATION AND COMMUNICATION TECHNOLOGIES (TARIFFS) REGULATIONS

[Sections 51 and 91]

Arrangement of Regulations

Regulation

PART I
PRELIMINARY

1. Short title

2. Interpretation

3. Application

PART II
TARIFF REGULATION

4. Regulation of tariffs

5. Tariffs to be regulated

6. Services to be provided in accordance with approval

7. Procedure for approval of tariff application

8. Discontinuance of service

9. Special rules for bundled services

10. Tariff reviews

11. Rejection of application

12. Licensee to amend or withdraw tariff

13. Disclosure and publication of information

14. Tariffs to meet minimum conditions

15. Unreasonable tariffs

16. Anti-competitive conduct

PART III
DOMINANT PLAYERS

17. Determination of dominance

18. Procedure for declaration of dominance

19. Sole licensee to be deemed dominant

20. Presumed dominance

21. Licensee to apply for tariff approval pending final declaration of dominance

22. Authority to review designation of dominance

23. Price regulation regimes

24. Procedures for adoption of price regulation regime

25. Licensee bound by price regulation regime

26. Authority to designate services in price regulation regime

27. Special services

PART IV
GENERAL PROVISIONS

28. Orders and directives

29. Offence and penalty

30. Appeals

31. Authority to publish and maintain lists

SCHEDULE

SI 41 of 2018.

PART I
PRELIMINARY

1. Short title

These Regulations may be cited as the Information and Communication Technologies (Tariffs) Regulations.

2. Interpretation

In these Regulations, unless the context otherwise requires—

"bill" means the information issued by a licensee to a customer of the charges levied and due for payment or the information retained by a licensee for the purpose of recording and enabling debits and credits to be applied to a customer’s account;

"bundle" means a combination of electronic communication services, whether regulated or unregulated, provided by a licensee under a combined rate or rate formula where the offering of one or more services within the combination is contingent on acceptance of the entire combination;

"consumer" has the meaning assigned to the word in the Act;

"cost based pricing" means a pricing mechanism in which only cost elements associated with the provision of an information and communication technology product or service are taken into account in arriving at the end price;

"dominant position" of economic strength enjoyed by a licensee which enables the licensee to prevent effective competition maintained in the market by affording the licensee the power to behave, to an appreciable extent, independently of the licensee's competitors and consumers;

"licensee" has the meaning assigned to the word in the Act;

"long run average incremental cost" means a cost standard that includes all the cost of services provided within an increment;

"non-discriminatory" means the provision by a licensee of an electronic communications service to a consumer or a group of consumers at the same price, quality of service and other relevant terms and conditions which apply to all other consumers or groups of consumers to whom that service is provided;

"predatory pricing" means deliberate setting of low prices with the objective of eliminating competition;

"price cap" means an incentive based method for regulation of the rates, charged by a licensee for one or more services that may include provisions relating to terms and conditions and the maximum tariff for that service;

"price floor" means a price regulation regime for a market or a group of markets in which a licensee is prohibited from pricing a service or services at less than the minimum prescribed amount;

"price regulation regime" means any method for regulating prices of the electronic communication services and products provided by a licensee;

"rate of return regulation" means a price regulation regime where a price is set so as to enable a licensee to achieve a particular rate of return;

"retail minus pricing" means a price regulation regime where the price for a wholesale service is set by reference to a retail price that uses the wholesale service as an input;

"retail tariff" means the tariff that is charged for a electronic communication service provided to a consumer;

"special services tariff" means a published schedule of rates or charges levied by a licensee in respect of electronic communication services provided to users of those services; and

"wholesale price" means a rate charged by a licensee of a service to resellers of that service, or persons who use that service as an input in the provision of other services.

3. Application

(1) These Regulations apply to an electronic communication service offered or provided by a licensee to a customer.

(2) These Regulations shall constitute part of the code of conduct for licensees in relation to Tariff Regulation for the purposes of the Act.

PART II
TARIFF REGULATION

4. Regulation of tariffs

(1) The Authority shall regulate the tariff for an electronic communication service and product offered or provided by a licensee.

(2) Without limiting the generality of sub-regulation (1) the Authority may—

(a) review and approve tariffs for an electronic communications service;

(b) direct a licensee to publish a tariff for an electronic communications service;

(d) order compensation to be paid by a licensee to a consumer;

(e) request information from a licensee relating to the cost of services or other financial information relating to the revenues or operations of that licensee;

(f) monitor prices for electronic communications services;

(g) make such orders and issue such directions to a licensee in respect of tariffs as the Authority considers appropriate; and

(h) review terms and conditions of electronic communications services of a licensee.

5. Tariffs to be regulated

(1) The Authority may impose a price regulation regime to regulate tariffs for an electronic communications service and products where—

(a) here is only one licensee operating a public electronic communications network or providing a public electronic communications service;

(b) a licensee has a dominant position in the relevant market;

(c) a dominant licensee operating a public electronic communications network or providing a public electronic communications service and cross-subsidises another electronic communications service provided by such licensee;

(d) the Authority detects anti-competitive pricing or acts of unfair competition; or

(e) the Authority considers it necessary to ensure a licensee complies with the requirements of the Act.

(2) The Authority shall where it appears just—

(a) regulate tariffs for an electronic communications service in the absence of a declaration of dominance or the imposition of a price regulation regime;

(b) forebear from regulating a tariff or a service or group of services or doing anything under these Regulations where it appears to the Authority to be just and reasonable to do so; and

(c) regulate tariffs in the public interest that appears to be reasonable services to be provided in accordance with approved.

6. Services to be provided in accordance with approval

(1) A licensee shall not provide a service except in accordance with a tariff filed with, and approved by the Authority.

(2) Without limiting the generality of sub-regulation (1), a licensee shall whether or not that licensee has been declared to be a dominant provider, file an application for approval by the Authority in any case where that licensee proposes to—

(a) introduce a new electronic communications service or products;

(b) change the tariff for a service regulated in accordance with a tariff regulation regime;

(d) change the tariff for a service where it is the sole licensee for that service; and

(e) discontinue a service.

7. Procedure for approval of tariff application

(1) A licensee shall, where that licensee intends to introduce an electronic communications service or product, apply to the Authority for tariff approval in Form I set out in the Schedule.

(2) Where a licensee applies to reduce the tariff for a service, under sub-regulation (1), that licensee shall file a declaration with the Authority stating that the rate proposed is not less than the long run average incremental cost of providing the service.

(3) The Authority shall approve an application under sub-regulation (1), where—

(a) the tariff complies with regulation 14;

(b) in the case of a service subject to a price regulation regime, the tariff also complies with that regime; or

(4) The Authority may approve an application to provide a tariff, with or without conditions.

(5) The Authority shall where it determines that a tariff application should not be approved—

(a) order a licensee to amend or withdraw the tariff; or

(b) prohibit a licensee from introducing the tariff.

8. Discontinuance of service

(1) Where a licensee wishes to discontinue a service, that licensee shall give 14 days' notice to the Authority before the discontinuance.

(2) The Authority shall not unreasonably withhold approval for a provider to discontinue an electronic communications service and product.

(3) The Authority shall not disclose the contents of the application until the Authority has determined the categorisation of the service.

9. Special rules for bundled services

A licensee that applies for approval to introduce a tariff for a new bundled service shall file additional information to satisfy the Authority that—

(a) the bundled service does not distort competition;

(b) consumers shall be able to obtain the individual services comprising the bundle separately where they require;

(d) consumers or licensees are likely to obtain considerable benefits or efficiencies from the availability of the bundle;

(e) where the bundle relates to services subject to a price regulation regime, it complies with rules contained in that tariff regulation regime; and

(f) the tariff for any bundle complies with these Regulations.

10. Tariff reviews

(1) Without prejudice to the Authority’s powers to impose a price regulation regime in respect of an electronic communications service, the Authority may undertake a tariff review of electronic communication services, where—

(a) a consumer or a licensee requests the Authority in writing; or

(b) the Authority has reasonable grounds to believe a proposed change to the tariff will have a significant impact on consumers.

(2) Where the Authority decides to review a tariff, it shall send a notice to the licensee before commencement of the review—

(a) clearly identifying the service concerned and briefly describing the tariff to be reviewed; and

(b) concisely stating the grounds for the review.

11. Rejection of application

The Authority shall, where it rejects an application under these Regulations, within 14 days from the date of receipt of the application, issue a notice of rejection to the licensee in Form II set out in the Schedule, giving reasons for the rejection.

12. Licensee to amend or withdraw tariff

Where the Authority rejects an application for a tariff under these Regulations, and subject to any terms and conditions, the Authority may direct a licensee to—

(a) take any necessary measures to bring the tariff into compliance with these Regulations; or

(b) withdraw the service to which the application relates.

13. Disclosure and publication of information

(1) A licensee shall, except where the Authority otherwise specifies, publish the tariffs and terms and conditions for its electronic communication services by—

(a) publishing its current tariffs in the daily newspaper of general circulation in Zambia and on its website;

(b) sending or providing a copy of its tariffs or any part of a tariff to any consumer or group of consumers who may reasonably request such a copy; or

(c) placing a copy of its tariffs in every registered office and place of business owned or controlled by a licensee or body corporate with which it is affiliated, where that body corporate provides or offers to provide such services to the public.

(2) A licensee shall ensure that tariffs published for an electronic communication services includes information relating to—

(a) a description of the service offered;

(b) any subscription or periodic rental charge applicable and the details of which services are included within that subscription or periodic rental charge;

(d) details of standard discounts and special and targeted tariff schemes in respect of—

(i) access;

(ii) usage charges;

(iii) maintenance services;

(iv) details on any compensation or refund policy;

(v) types of maintenance offered;

(vi) standard contract conditions offered, including any relevant minimum contractual period; and

(vii) mechanisms for the resolution of disputes.

14. Tariffs to meet minimum conditions

(1) A licensee shall ensure that a tariff for an electronic communication service and product, except where regulated by the Authority in accordance with these Regulations, shall be determined in accordance with the principles of cost, transparency and non-discrimination.

(2) A licensee shall in respect of an electronic communications service and product provide a tariff that—

(a) is fair and reasonable;

(b) does not discriminate unduly among similarly situated persons, including the licensee and any body corporate with which it is affiliated;

(d) does not encourage predatory pricing or pricing below the interconnect rate;

(e) except with the written authorisation of the Authority, utilises revenues or the allocation of costs from one electronic communications service to cross-subsidise another electronic communications service;

(f) are clear, up to date and easily accessible by the general public; and

(g) impose charges based on actual usage by a consumer or service provision by a licensee except in the case of bundled or promotional minutes.

15. Unreasonable tariffs

(1) The Authority may, without prejudice to the Authority’s right to determine that a tariff for an electronic communications service or product is not fair and reasonable, determine that a tariff is not fair and reasonable where a licensee proposes any or all of the following—

(a) an increase for a rate despite a reduction in the underlying costs for providing the service;

(b) a rate for a service which significantly exceeds costs;

(d) terms and conditions which, having regard to the nature of the service, the relative bargaining power of the consumer and the licensee involved, and the availability of a substitute service from another licensee, are unduly onerous; or

(e) a tariff that departs materially from accepted industry standards for providing that service to the general public, to the detriment of consumers.

16. Anti-competitive conduct

(1) A licensee engages in anti-competitive conduct or unfair competition if that licensee does any of the following acts—

(a) tied selling, where services are bundled together in such a manner that a consumer is required when purchasing one service to purchase another service that the consumer does not require;

(b) leveraging a dominant position in one market so as to increase market share in a market where it is not the dominant licensee, in order to gain an unfair advantage in the second market;

(c) reducing retail prices for a service without making corresponding reductions in the wholesale prices for that service, where it also provides that service at wholesale prices to a competing licensee, in order to gain an unfair advantage in the retail market;

(d) agreeing with other providers on prices, by fixing or otherwise agreeing to manipulate prices for services;

(e) imposing restrictions on the prices charged by another service licensee, where the first licensee supplies the other with products or services;

(f) entering into an exclusive agreement with a person on terms and conditions, that have or may have the effect of substantially lessening competition in a related market; or

(g) doing anything or taking any action which has or is likely to have the effect of preventing, substantially restricting, or distorting competition in a market.

PART III
DOMINANT PLAYERS

17. Determination of dominance

(1) The Authority shall in determining dominance in relation to a licensee under section 40 of the Act, declare that a licensee is dominant with respect to an electronic communications network or an electronic communications service where that licensee, individually or jointly with others, enjoys a position of economic strength affording it the power to behave to an appreciable extent independently of competitors and consumers.

(2) In making a determination as to dominance, the Authority shall take account of—

(a) the relevant market;

(b) the market share of the licensee;

(c) the power of the licensee to introduce and sustain a material price increase or decrease independently of competitors;

(d) the degree of differentiation among networks and services in the market;

(e) technology and market trends; and

(f) any other matters the Authority considers relevant.

18. Procedure for declaration of dominance

(1) The Authority may declare a licensee in a relevant market dominant upon conducting a relevant market and competition assessment.

(2) Where the Authority considers making a declaration of dominance—

(a) the Authority shall initiate consultation with stakeholders before publishing a notice in the Gazette, a daily newspaper of general circulation and on its website; and

(b) any person likely to be affected by a designation of dominance shall be entitled to make representations to the Authority on any matter relevant to the assessment.

(3) Despite sub-regulations (1) and (2), a licensee may consent in writing to being declared dominant for providing services in a relevant market, and where that licensee consents, the Authority shall not undertake the public consultation to make a declaration.

(4) The Authority’s final declaration of dominance shall be published in the Gazette, at least one daily newspaper of general circulation and on its website.

19. Sole licensee to be deemed dominant

(1) For the purposes of these Regulations, a sole licensee operating a public electronic communications network or providing a public electronic communications is deemed to be a dominant licensee.

(2) Subject to regulation 7, where a licensee is deemed to be dominant in a relevant market, the Authority shall regulate the tariffs for electronic communication services provided by that licensee without undertaking a public consultation to declare the licensee as dominant.

(3) The Authority shall publish a notice in the Gazette, a newspaper of wide circulation, and on its website, the names of all licensees deemed dominant by virtue of these Regulations.

20. Presumed dominance

(1) The Authority shall use the share of supply threshold to establish existence of a dominant position.

(2) Despite the provisions of regulation 22, the Authority shall only measure the level of a licensee’s share of supply threshold in accordance with the Competition and Consumer Protection Act for a presumption of dominance to arise.

(3) The Authority may, where a licensee is presumed dominant, impose a price regulation regime on the services provided by that licensee, unless the licensee is able to prove to the satisfaction of the Authority, that it is not actually dominant in a relevant market.

(4) For purposes of these Regulations, an electronic communications licensee in a relevant market shall be presumed to be a dominant licensee if that licensee has—

(a) thirty per cent or more of those goods or services supplied or acquired by one enterprise; or

(b) sixty per cent or more of those goods or services supplied or acquired by not more than three enterprises.

21. Licensee to apply for tariff approval pending final declaration of dominance

Despite any other provisions of these Regulations, the Authority may direct a licensee to apply for approval of a proposed change to an existing tariff, where a notice under regulation 19 pending publication by the Authority.

22. Authority to review designation of dominance

(1) Where a licensee is designated dominant by the Authority under regulation 17 or presumed dominant by the Authority under regulation 20 considers that the licensee has lost its dominance with respect to an electronic communications network or service, that licensee may apply to the Authority to have its status as a dominant licensee reviewed, in Form III set out in the Schedule.

(2) A licensee that applies for a review of its status as a dominant licensee shall furnish the Authority with supporting information and data that Authority may regard as relevant to the review, and the Authority shall not consider an application to review a designation of dominance, where that information or data has not been supplied by a licensee.

(3) Where the Authority after conducting a review is satisfied that a licensee has lost its dominance in respect of a relevant market, the Authority shall publish a notice in at least one local newspaper of wide circulation and on its website, designating the licensee as non-dominant in a particular market and the designation shall take effect from the date of publication.

23. Price regulation regimes

(1) The Authority may, subject to regulations 17 and 20, impose the following methods for regulating the tariffs of a dominant licensee as it considers appropriate—

(a) price caps;

(b) retail-minus pricing;

(d) rate of return;

(e) cost-based pricing; or

(f) any other method it considers appropriate.

24. Procedures for adoption price regulation regime

(1) The Authority shall use various methods to establish the cost of electronic communications service and products.

(2) The Authority shall—

(a) give 30 days’ notice to the dominant licensee prior to effecting the adoption of a price regulation regime; and

(b) publish a notice on its website and provide the dominant licensee with a copy of the proposed price regulation regime.

(3) A licensee shall be bound by price regulation regime.

25. Licensee bound by price regulations regime

(1) A licensee shall be bound by the terms of any price regulation regime applicable to such licensee for the duration of the regime.

(2) Without prejudice to the right of the Authority to impose any sanctions under these Regulations, and despite anything contained in any other law, a breach of the terms of a price regulation regime in effect for a licensee, is considered to be a breach of that licensee’s licence.

26. Authority to designate services in price regulation regime

The Authority shall, unless a contrary intention appears from the price regulation regime, designate all services subject to a price regulation regime.

27. Special services

(1) Despite the provisions in these Regulations, the Authority may regulate the tariffs, if applicable, for special services.

(2) The Authority may designate additional services as special services by publishing a notice in the Gazette, a daily newspaper of general circulation and on its website.

(3) For purposes of these Regulations, special services include—

(a) emergency services;

(b) operator assistance;

(d) other services designated by the Authority as special services.

PART IV
GENERAL PROVISIONS

28. Orders and directives

The Authority may issue written orders or directives to a licensee for the purposes of compelling compliance with these Regulations and a licensee shall comply with such orders or directives once issued.

29. Offence and penalty

A person, who contravenes the provisions of these Regulations, commits an offence and is liable, upon conviction to a fine not exceeding two thousand five hundred penalty units, and shall pay, in addition to the fine, twenty-five penalty units for each day that the offence continues.

30. Appeals

A person aggrieved with the decision of the Authority under these Regulations may appeal to the Tribunal in accordance with the Act.

31. Authority to publish and maintain lists

The Authority shall publish and maintain an up to date list of all licensed services on its website.

SCHEDULE

FORM I

[Regulation 7(1)]

REPUBLIC OF ZAMBIA

The Information and Communication Technology Act, 2009

(Act No. 15 of 2009)

The Information and Communication Technologies (Tariffs) Regulations, 2018

APPLICATION FOR TARIFFS
Please write in BLOCK LETTERS	Shaded fields for official use only	Application No. (To be generated by on-line tariff system)
Date/Time

Information Required

Information Provided

	APPLICANT’S DETAILS
1.	Name of Licensee:
2.	Physical Address:

3.	Contact Person:
4.	Mobile Number:
	APPLICATION DETAILS
5.	Type of Tariff Application:
Headline		(Specify whether Voice, SMS, Data)
Value added service		(Specify whether Voice, SMS, Data, Mobile Application)
Promotion		(Specify whether Voice, SMS, Data, Mobile Application)
6.	Title of Tariff Application:

7.	Description of Tariff:


8.	Supporting Attachments
(a) Mechanics, terms & conditions
(b) Specific tariff tables
(c) Consumer protection consideration
(d) Traffic & network statistics

	DECLARATION
I declare that the information I have stated is correct and truthful to the best of my knowledge and belief.
................................... ................................................... Name Designation
................................... ................................................... Signature Date
FOR OFFICIAL USE ONLY
Date of submission: ..................................................................................................................................................
Application in order (proceed for review): .................................................................................................................................................
Application deficient (notify applicant on deficiencies): ...................................................................................................

	....................................................................... Director-General

FORM II

[Regulation 11]

REPUBLIC OF ZAMBIA

The Information and Communication Technology Act, 2009

(Act No. 15 of 2009)

The Information and Communication Technologies (Tariffs) Regulations, 2018

APPLICATION FOR TARIFFS – NOTICE OF REJECTION
Please write in BLOCK LETTERS	Shaded fields for official use only	Application No. (To be generated by on-line tariff system)
Date/Time

Information Required

Information Provided

	APPLICANT’S DETAILS
1.	Name of Licensee:
2.	Physical Address:

3.	Contact Person:
4.	Mobile Number:
5.	E-mail Address:
	APPLICATION DETAILS
6.	Type of Tariff Application:
Headline		(Specify whether Voice, SMS, Data)
Value added service		(Specify whether Content, IVR, Mobile Application)
Promotion		(Specify whether Voice, SMS, Data, Mobile Application)
7.	Title of Tariff Application:


	BASIS OF REJECTION
8.	In relation to your Tariff Application with reference number: ......................................... you are hereby notified that your application has been rejected on the following grounds:
(a)
(b)
(c)
(d)

DECLARATION
I declare that the information I have stated is correct and truthful to the best of my knowledge and belief.
................................... ................................................... Name Designation
................................... ................................................... Signature Date
FOR OFFICIAL USE ONLY
Date of submission: .........................................................................................................................................................


	............................................................. Director-General

FORM III

[Regulation 22(1)]

REPUBLIC OF ZAMBIA

The Information and Communication Technology Act, 2009

(Act No. 15 of 2009)

The Information and Communication Technologies (Tariffs) Regulations, 2018

MARKET DOMINANCE REVIEW FORM
Please write in BLOCK LETTERS	Shaded fields for official use only	Application No. (To be generated by on-line tariff system)
Date/Time

Information Required

Information Provided

	APPLICANT’S DETAILS
1.	Name of Licensee:
2.	Physical Address:

3.	Contact Person:
4.	Mobile Number:
5.	E-mail Address:
	Review details requirements
	Market status based on dominance designation
Subscription		(Provide a breakdown of individual and corporate clientele)
Sales turnover		(Specify sales turnover in earlier USD or kwacha equivalent)
Leased capacity		(Provide a breakdown of individual and corporate clientele)
	Current market status
Subscription		(Provide a breakdown of individual and corporate clientele)
	Sales turnover		(Specify sales turnover in earlier USD or kwacha equivalent)
Leased capacity		(Provide your current bandwidth capacity)
Supporting attachments
	(a) Movement in tariffs for your products and service before and after dominance designation
	(b) Cost of sales before and after dominance designation
	(c) Market performance of your flagship product or service
	(d) Shift traffic pattern for voice, data and SMS services		(If possible try to provide a shift in IP traffic pattern if unable to differentiate traffic of different services and products)

DECLARATION
I declare that the information I have stated is correct and truthful to the best of my knowledge and belief.
................................... ................................................... Name Designation
................................... ................................................... Signature Date
FOR OFFICIAL USE ONLY
Date of submission: .................................................................................................................................................
Application in order (proceed for review): .......................................................................................................................................
Application deficient (notify applicant on deficiencies): ........................................................................................................................

	....................................................................... Director-General

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