The Universal Communications Services Access Act

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CHAPTER 422
THE UNIVERSAL COMMUNICATIONS
SERVICE ACCESS ACT
[PRINCIPAL LEGISLATION]
Arrangement of Sections
Section Title
PART I
PRELIMINARY PROVISIONS
1. Short title.
2. Application.
3. Interpretation.
PART II
THE FUND
4. Establishment of Fund.
5. Objectives of Fund.
6. Functions of Fund.
PART III
THE BOARD
7. Establishment of Board.
8. Powers and functions of Board.
9. Manager and other staff.
10. Code of conduct.
11. Conflict of interest.
12. Removal of members.
PART IV
PROVISION OF UNIVERSAL COMMUNICATIONS
ACCESS SERVICE
13. Universal service obligation.
14. Open communication networks and services.
15. Designation of universal service providers.
16. Universal service areas.
17. Policy statement and project proposal.
18. Universal service levy.

s.
15. Designation of universal service providers.
16. Universal service areas.
17. Policy statement and project proposal.
18. Universal service levy.

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THE UNIVERSAL COMMUNICATIONS SERVICE ACCESS ACT [CAP. 422 R.E. 2023]
19. Universal service subsidy.
20. Right to information.
21. Public Register.
22. Publication of universal service providers.
PART V
FINANCIAL PROVISIONS
23. Sources of funds.
24. Accounts and financial audit.
25. Performance audit.
26. Annual report.
27. Budget.
PART VI
MISCELLANEOUS PROVISIONS
28. Regulations.
29. Transitional and savings.
PART VII
CONSEQUENTIAL AMENDMENT TO THE TANZANIA
COMMUNICATIONS REGULATORY AUTHORITY ACT, CAP. 172
30. Omitted.
31. Omitted.
SCHEDULE

nal and savings.
PART VII
CONSEQUENTIAL AMENDMENT TO THE TANZANIA
COMMUNICATIONS REGULATORY AUTHORITY ACT, CAP. 172
30. Omitted.
31. Omitted.
SCHEDULE

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PART I
PRELIMINARY PROVISIONS
1.–(1) This Act may be cited as the Universal Communications
Service Access Act. (2) [Omitted]. 2.–(1) Subject to the provisions of subsection (2), this Act shall
apply to Mainland Tanzania as well as to Tanzania Zanzibar in
relation to the promotion of communication services through
financing in rural and under-served areas. (2) With respect to broadcasting, this Act shall not apply to
Tanzania Zanzibar. 3. In this Act, unless the context otherwise requires-
“Act” means the Universal Communications Service Access
Act;
“Authority” means the Tanzania Communications Regulatory
Authority;
Short title
Application
Interpretation
Act No. 6 of 2021 s.

ns Service Access
Act;
“Authority” means the Tanzania Communications Regulatory
Authority;
Short title
Application
Interpretation
Act No. 6 of 2021 s.

64
CHAPTER 422
THE UNIVERSAL COMMUNICATIONS SERVICE ACCESS ACT
An Act to establish the Universal Communications Service Access
Fund for enabling accessibility and participation by communication
operators in the provision of communication services, with a view
to promoting social, education and economic development of the
rural and urban under-served areas; to provide for availability of
communication services by establishing a legal framework for universal
service providers to meet the communication needs of consumers and
to provide for related matters. [1st December, 2008]
[GN. No. 15 of 2008]
Acts Nos. 11 of 2006
6 of 2021
1 of 2022

ommunication needs of consumers and
to provide for related matters. [1st December, 2008]
[GN. No. 15 of 2008]
Acts Nos. 11 of 2006
6 of 2021
1 of 2022

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THE UNIVERSAL COMMUNICATIONS SERVICE ACCESS ACT [CAP. 422 R.E.

ed. No part of this book may be reproduced or distributed without permission of OAG.546
THE UNIVERSAL COMMUNICATIONS SERVICE ACCESS ACT [CAP. 422 R.E.

2023]
“Board’ means the Board of the Universal Communications
Service Access Fund established under section 7;
“Chairman” means the Chairman of the Board of the
Universal Communications Service Access Fund and
includes the Vice-Chairman and the person for the time
being acting as Chairman;
“communication services” means services for the provision
of postal, electronic communications or content services
and its infrastructure;
“Fund” means the Universal Communications Service
Access Fund established under section 4;
“Manager” means the Manager of the Fund appointed under
section 9;
“member” means a member of the Board of the Fund and
includes the Manager;
“Minister” means the Minister responsible for
communications;
“under-served areas” means designated geographical
areas by the Fund where there is reduced availability of
communication services;
“universal services” means a defined minimum set of
communications service of specified quality which is available
to all users independent of their geographical location, and
in the light of specific national conditions, at an affordable
price;
“universal service areas” means rural or urban under-served
areas;
“universal service provider” means a person designated to
provide universal services.

niversal service areas” means rural or urban under-served
areas;
“universal service provider” means a person designated to
provide universal services.

PART II
THE FUND
4.–(1) There is established a Fund to be known as the Universal
Communications Service Access Fund. Establishment of
Fund

PART II
THE FUND
4.–(1) There is established a Fund to be known as the Universal
Communications Service Access Fund. Establishment of
Fund

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THE UNIVERSAL COMMUNICATIONS SERVICE ACCESS ACT [CAP. 422 R.E. 2023]
(2) The Fund shall be a body corporate with perpetual
succession with a common seal and shall, in its corporate
name, be capable of-
(a) suing and being sued;
(b) acquiring, holding and disposing of real and personal
property;
(c) exercising the powers and performing the functions
conferred upon it by or under this Act; and
(d) entering into any contract or other transaction, and
doing or suffering to do all such other acts and things
which, a body corporate may lawfully perform, do or
suffer to be done. (3) Notwithstanding the provisions of subsection (2), the
Attorney General shall have the right to intervene in any suit
or matter instituted by or against the Fund. (4) Where the Attorney General intervenes in any matter in
pursuance of subsection (3), the provisions of the Government
Proceedings Act, shall apply in relation to the proceedings of
that suit or matter as if it had been instituted by or against the
Government. 5.

nment
Proceedings Act, shall apply in relation to the proceedings of
that suit or matter as if it had been instituted by or against the
Government. 5.

The objectives of the Fund shall be to-
(a) ensure the availability of communication services in
rural and urban under-served areas;
(b) support widespread access and use of internet;
(c) promote the participation of the public and private
sector in the provision of universal service in the rural
and urban under-served areas;
(d) promote the socio-economic development of rural and
urban under-served areas;
(e) create a framework for an open and efficient access to
and use of communication networks and services in
production and availability of competitive market;
(f) promote widespread provision of quality services
at affordable rates and ensure that, rural and urban
under-served areas have access to communication
Cap. 5
Objectives of
Fund
Act No. 6 of 2021 s. 65

at affordable rates and ensure that, rural and urban
under-served areas have access to communication
Cap. 5
Objectives of
Fund
Act No. 6 of 2021 s. 65

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THE UNIVERSAL COMMUNICATIONS SERVICE ACCESS ACT [CAP. 422 R.E. 2023]
and information services at reasonable and affordable
prices; and
(g) ensure availability of universal services by enhancing
communications services access through private sector
participation. 6.

ordable
prices; and
(g) ensure availability of universal services by enhancing
communications services access through private sector
participation. 6.

The functions of the Fund shall be to-
(a) identify the communications project areas that may be
subsidised with funds of the Fund or that qualify for
allocation of subsidy by the Fund;
(b) determine the criteria to identify the rural and urban
under-served areas and designate universal service
areas;
(c) establish mechanisms for a proper management of
funds;
(d) set bidding conditions for the awarding of funds;
(e) evaluate communications projects submitted by
operators to be subsidised with the Fund;
(f) conduct research into and keep abreast of developments
in the rural and urban under-served areas regarding
communication services and information technologies;
(g) advise the Authority on any matter relating to the
universal access and universal service obligations of
applicants;
(h) specify the universal service obligation through
defining a set of communication services that all users
should have access to at an affordable price;
(i) designate universal service providers with obligation to
provide universal service in accordance with laid down
criteria;
(j) monitor and enforce agreements relating to
implementation of universal service obligation;
(k) operate and maintain a universal service fund
established herein;
(l) monitor and enforce the mechanism for the assessment,
collection and recovery of the universal service levy;
Functions of
Fund

established herein;
(l) monitor and enforce the mechanism for the assessment,
collection and recovery of the universal service levy;
Functions of
Fund

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THE UNIVERSAL COMMUNICATIONS SERVICE ACCESS ACT [CAP. 422 R.E. 2023]
(m) determine and distribute the universal service subsidy;
(n) recommend to the Minister about policy guidelines for
the Fund;
(o) manage the financial resources of the Fund and make
the most suitable allocation of the funds;
(p) liaise, consult and cooperate with Ministries of
Government, Independent Departments or Authority
on matters related to the universal service; and
(q) make guidelines for the operation of the Fund. PART III
THE BOARD
7.–(1) There is established a Board which shall be the governing
body of the Fund. (2) The Board shall be composed of seven members being-
(a) the Chairman;
(b) five non-executive members; and
(c) the Manager who shall be the Secretary.

The Board shall be composed of seven members being-
(a) the Chairman;
(b) five non-executive members; and
(c) the Manager who shall be the Secretary.

(3) The Chairman and non executive members shall be
appointed by the Minister, and the members shall be composed
as follows-
(a) a representative of the Ministry responsible for
communications of the Revolutionary Government of
Zanzibar;
(b) a representative of the Ministry responsible for
communications;
(c) a representative of the Ministry responsible for finance;
(d) a representative of the Tanzania Communications
Regulatory Authority; and
(e) one representative from the private sector. (4) The member referred to in subsection (3)(e) shall be
appointed from any of the following:
(a) broadcasting subsector;
(b) telecommunication subsector;
(c) postal subsector; or
Establishment of
Board
Acts Nos. 6 of 2021 s. 66
1 of 2022 s. 68

(a) broadcasting subsector;
(b) telecommunication subsector;
(c) postal subsector; or
Establishment of
Board
Acts Nos. 6 of 2021 s. 66
1 of 2022 s. 68

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THE UNIVERSAL COMMUNICATIONS SERVICE ACCESS ACT [CAP. 422 R.E. 2023]
(d) a local association which has its membership in either
one of the subsectors referred to in paragraphs (a) to
(c). (5) The members of the Board shall be paid such fees and
allowances as may be determined pursuant to the Treasury
Registrar (Powers and Functions) Act. (6) The Schedule to this Act shall have effect with regard
to the proceedings and other matters in relation to the Board. 8.–(1) The Board shall be responsible for the performance of
the functions and management of the affairs of the Fund. (2) Without prejudice to the generality of subsection (1),
the Board shall have powers to approve-
(a) programmes for the Fund;
(b) operating budget;
(c) appointments of staff other than the Manager;
(d) consulting and outsourcing contracts;
(e) awarding contracts on tendered projects; and
(f) quarterly reports on direct disbursements of Fund
projects.

consulting and outsourcing contracts;
(e) awarding contracts on tendered projects; and
(f) quarterly reports on direct disbursements of Fund
projects.

(3) Notwithstanding the provisions of subsection (2), the
Board shall maintain the integrity of the Fund’s financial
activities and monitor the Fund’s financial and annual reports. 9.–(1) There shall be a Manager of the Fund who shall be
appointed by the Minister on a competitive selection procedure. (2) A person shall not be qualified for appointment as a
Manager unless he-
(a) is a graduate of a recognised university;
(b) possesses at least ten years experience in one or more of
the field of management, law, economics, information
communication technology, finance or engineering;
(c) has knowledge and experience of the communication
sector;
(d) has satisfied the Board that he is unlikely to have a
conflict of interest with the principal functions of the
Fund; and
Cap. 370
Powers and
functions of
Board
Manager and
other staff
Acts Nos. 6 of 2021 s. 67
1 of 2022 s. 69

with the principal functions of the
Fund; and
Cap. 370
Powers and
functions of
Board
Manager and
other staff
Acts Nos. 6 of 2021 s. 67
1 of 2022 s. 69

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THE UNIVERSAL COMMUNICATIONS SERVICE ACCESS ACT [CAP. 422 R.E. 2023]
(e) is, in the opinion of the Board otherwise well suited to
execute the functions of the Fund. (3) The Manager shall, on such terms and conditions of
service, be appointed to serve for a term of five years which
may be renewed for one further term. (4) The Manager shall be the Chief Executive Officer of the
Fund and shall not engage in any other paid employment. (5) The Manager shall not participate in any deliberations
or decisions of the Board relating to his terms and conditions
of employment. (6) There shall be appointed employees as may be necessary
for efficient performance of the functions and day to day
operations of the Fund.

ployment. (6) There shall be appointed employees as may be necessary
for efficient performance of the functions and day to day
operations of the Fund.

(7) Subject to the direction of the Board, the Manager shall
have the responsibility to-
(a) review the Fund’s investment targets, project plan and
budget in accordance with the provisions of this Act;
(b) identify and prepare rural and urban under-served
areas communication projects;
(c) prepare and maintain the Fund’s manpower plan,
refinement of job descriptions and management of the
hiring process;
(d) prepare, monitor and control the Fund’s operating
budget;
(e) develop project terms of reference or participate in the
assignment of such tasks to project officers or external
consultants;
(f) participate in the selection and supervision of
consultants to support project implementation;
(g) sensitise the rural and urban under-served areas
community on activities associated with the rural
communications program;
(h) liaise with operators involved in rural and urban under-
served areas projects;
(i) initiate funding proposal to replenish the Fund;
(j) budgetary control of Fund and projects resources; and
(k) prepare progress reports for approval by the Board.

ding proposal to replenish the Fund;
(j) budgetary control of Fund and projects resources; and
(k) prepare progress reports for approval by the Board.

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THE UNIVERSAL COMMUNICATIONS SERVICE ACCESS ACT [CAP. 422 R.E. 2023]
10.–(1) Within the first twelve months from the date of
commencement of this Act, the Fund shall develop and adopt a
code of conduct to be observed by the members and employees
of the Fund in the performance of their functions. (2) The code of conduct when adopted shall be binding on
the members and employees of the Fund. 11.–(1) A member or employee of the Fund shall be considered
to have a conflict of interest for the purposes of this Act, if
he has or acquires any pecuniary or other interest that may
reasonably conflict with the proper performance by that
person of his functions or the exercise of his powers.

ny pecuniary or other interest that may
reasonably conflict with the proper performance by that
person of his functions or the exercise of his powers.

(2) Where at any time a member of the Fund has a conflict
of interest in relation to-
(a) any matter before the Fund for consideration or
determination; or
(b) any matter the Fund may reasonably expect to come
before it for consideration or determination,
that member shall immediately disclose the conflict of interest
to the other members of the Fund and refrain from taking part,
or any further part, in the consideration or determination of
the matter. (3) Upon the Fund becoming aware of any conflict of
interest, it shall make a determination as to whether in future
the conflict is likely to interfere with the proper and effective
performance of the functions or the exercise of powers of a
member or employee of the Fund. (4) The Fund shall report to the Minister any determination
by the Fund that a conflict of interest is likely to interfere with
the effective performance of the functions and duties of the
member of the Fund. (5) When the Fund determines that the conflict of interest
is likely to interfere with the member’s proper and effective
performance of the functions or the exercise of powers of
the Fund, the Minister may ask the member or employee
concerned to resign.

per and effective
performance of the functions or the exercise of powers of
the Fund, the Minister may ask the member or employee
concerned to resign.

Code of conduct
Conflict of
interest

Code of conduct
Conflict of
interest

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THE UNIVERSAL COMMUNICATIONS SERVICE ACCESS ACT [CAP. 422 R.E. 2023]
12.–(1) The Minister shall, in consultation with the Board,
remove a member from office at any time where-
(a) the member is declared bankrupt;
(b) the member is convicted of a criminal offence;
(c) the member is in conflict of interest;
(d) the member is incapable of carrying out the member’s
duties because of ill health or physical or mental
impairment; and
(e) he fails to attend at least two thirds of all meetings of
the Fund in a period of consecutive twelve months.

or physical or mental
impairment; and
(e) he fails to attend at least two thirds of all meetings of
the Fund in a period of consecutive twelve months.

(2) A member of the Board, including the Chairman and
the Manager, shall not, during a period of eighteen months
after the expiration or termination of the term of office or
service with the Fund-
(a) enter into any contract of employment with, or contract
for the supply of services to, any person or organisation
issued funds by the Fund; or
(b) acquire or hold any financial interest, whether as an
employee, partner, shareholder, officer or joint venture,
in any business or organisation supplying services to
any person or organisation issued funds by the Fund. PART IV
PROVISION OF UNIVERSAL
COMMUNICATIONS ACCESS SERVICE
13.–(1) The minimum set of services in the context of universal
service obligation shall include but not limited to the obligation
on the universal service provider to ensure-
(a) the availability of connection by every person to public
communication networks through communication
services;
(b) the provision of the following services:
(i) connection to a communication network able to
support communication services;
Removal of
members
Universal service
obligation

following services:
(i) connection to a communication network able to
support communication services;
Removal of
members
Universal service
obligation

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THE UNIVERSAL COMMUNICATIONS SERVICE ACCESS ACT [CAP. 422 R.E. 2023]
(ii) reasonable geographic access to public call boxes
across the United Republic;
(iii) ability to consumers to access emergency services,
operator assistance and directory inquiry services;
(iv) delivery of affordable communication services to
all customers on reasonable request; and
(v) providing customers with disabilities with the
same or equivalent services as all other customers
so as to have access to the same level of universal
service;
(c) that services which the market has provided to most
people and which have become essential become
generally available to everyone;
(d) that communication services are reasonably accessible
to all people in the United Republic on an equitable
basis, wherever they reside or carry on business; and
(e) that postal and broadcasting services are accessible to
rural and urban under-served areas.

basis, wherever they reside or carry on business; and
(e) that postal and broadcasting services are accessible to
rural and urban under-served areas.

(2) In fulfilling the universal service obligation, the
universal service provider shall meet targets set by the Fund
for the supply-time and quality of service. (3) A universal service provider shall, with the prior
approval of the Fund, establish compensation schemes in the
event of failure by the universal service provider to meet the
service targets set pursuant to the provisions of subsection (2). (4) The Fund shall publish the performance of universal
service provider required to meet the services targets. (5) A universal service provider shall, in fulfilling the
universal service obligation, enter into contracts with
customers specifying the services to be provided together with
the compensation schemes or arrangements in the event the
contracted service quality levels are not met. (6) User contracts with universal services provider shall
contain methods and procedures for complaint handling and
settlement of disputes.

e not met. (6) User contracts with universal services provider shall
contain methods and procedures for complaint handling and
settlement of disputes.

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THE UNIVERSAL COMMUNICATIONS SERVICE ACCESS ACT [CAP. 422 R.E. 2023]
(7) In fulfilling the universal service obligation, universal
services provider shall take into account the progressive
adjustment of tariffs towards costs in order to maintain the
affordability of services for users in rural or urban under-
served areas and for vulnerable groups of users such as the
elderly, those with disabilities or those with special social
needs. (8) The Fund shall, in the promotion of universal service
obligation, set up schemes for price caps or geographical
averaging or other similar schemes for some or all specific
services. (9) The Fund shall design schemes that ensure affordability
based on the principles of transparency and non-discrimination
through guidelines setting out the criteria that ensures
affordability to all and nation-wide and shall, in relation
therewith, set easy and supportive conditions for universal
service providers to acquire sites or spaces for communication
equipment installations.

on
therewith, set easy and supportive conditions for universal
service providers to acquire sites or spaces for communication
equipment installations.

14.–(1) Access to communication networks or services for the
provision of universal communication services shall be open,
non-discriminatory and upon conditions based on objective
criteria that are transparent and readily accessible to the
general public. (2) The universal services providers shall maintain access
and connection to the communications network, by reducing
the number of disconnection of end-users for non-payment so
as to fulfill the universal service obligation. (3) Access to and the use of communication networks or
services may be restricted or denied by universal services
provider including complete refusal of access to the network or
services, interruption, disconnection or limitation of service
functions upon and on the basis of essential requirements
including but not limited to-
(a) communications equipment or the use of such
equipment having not been approved by the Authority;
Open
communication
networks and
services

ited to-
(a) communications equipment or the use of such
equipment having not been approved by the Authority;
Open
communication
networks and
services

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THE UNIVERSAL COMMUNICATIONS SERVICE ACCESS ACT [CAP. 422 R.E. 2023]
(b) security or integrity of the network;
(c) emergency situation involving serious threat to health,
security or public order or risk of sabotage to networks
or services;
(d) in the interest of national security;
(e) enforcement of licence obligation; and
(f) non availability of background information of
the universal service provider intended to be
interconnected. (4) Restrictions on access to and use of the communication
network on grounds contained in subsection (3) shall be
proportionate and non-discriminatory and based on the
objective criteria identified in advance. (5) The universal services provider for the provision of
universal service obligation shall ensure access to and use
their network by providing details of technical interface
specifications for network access and any changes thereof shall
be communicated in advance of implementation.

providing details of technical interface
specifications for network access and any changes thereof shall
be communicated in advance of implementation.

15.–(1) The Fund may designate an operator as universal
service provider in geographical areas where it is economically
viable so to do and shall through competitive bidding award
funds to universal service provider to provide universal service. (2) The universal service obligation on a provider may be
nation-wide or in a specified universal service area. (3) The Fund shall not designate a person to be a universal
service provider unless the person holds communications
licence issued by the Authority. 16.–(1) The Fund may designate a universal service area in
respect of one or more specified universal service obligations. (2) In determining universal service areas, the Fund shall
ensure that, no universal service area in respect of a universal
service obligation overlaps to any extent with any other
universal service areas in respect of that service obligation. (3) The Fund shall lay down the criteria for determining the
universal service areas. Designation of
universal service
providers
Universal service
areas

) The Fund shall lay down the criteria for determining the
universal service areas. Designation of
universal service
providers
Universal service
areas

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THE UNIVERSAL COMMUNICATIONS SERVICE ACCESS ACT [CAP. 422 R.E. 2023]
(4) Where, at a particular time, any areas in the United
Republic are not within a universal service area, in respect of a
service obligation-
(a) those areas together constitute at that time a single
universal service area in respect of that service
obligation; and
(b) the Fund shall be taken to have designated such area. (5) The universal service provider for a universal service area
in respect of a service obligation shall take all reasonable steps to-
(a) fulfill that service obligation, so far as it relates to that
area; and
(b) comply with the universal service provider’s approved
policy statement and the approved project proposal of
the universal service provider that covers that area in
respect of that service obligation.

oved
policy statement and the approved project proposal of
the universal service provider that covers that area in
respect of that service obligation.

(6) The universal service provider for a universal service
area in respect of a service obligation, who fulfils that service
obligation by supplying alternative communications services
in accordance with an approved project proposal, shall be
taken to have fulfilled any other obligation that arises under
that service obligation to the extent that the other obligation
applied to the supply of alternative communications services. 17.–(1) A universal service provider shall submit to the Fund
for approval a draft-
(a) policy statement or draft variation of an approved
policy statement; and
(b) project proposal,
in respect of the universal service obligation and universal
service area that will be covered. (2) A draft policy statement for a universal service provider
shall be a general statement of the policy the provider will apply
in supplying equipment, goods and services as a universal
service provider. (3) A draft policy statement for a universal service provider
for a universal service area in respect of a service obligation
shall set out-
Policy statement
and project
proposal

for a universal service provider
for a universal service area in respect of a service obligation
shall set out-
Policy statement
and project
proposal

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THE UNIVERSAL COMMUNICATIONS SERVICE ACCESS ACT [CAP. 422 R.E. 2023]
(a) equipment, goods or services that the provider will
supply in fulfillment of that service obligation, so far as
it relates to that area; and
(b) arrangements for supplying and marketing the
equipment, goods or services. (4) The Fund shall determine the requirements for draft
policy statements and project proposals of universal service
providers. (5) Without limiting the generality of subsection (4), the
following may include the requirements in relation to project
proposal-
(a) time-frames for the supply of specified equipment,
goods or services;
(b) performance standard relating to the fulfillment of the
universal service obligation;
(c) processes for advising persons about the availability,
offer and supply of equipment, goods or services in the
fulfillment of the universal service obligation, and the
terms and conditions on which the equipment, goods
or services are offered or supplied.

n the
fulfillment of the universal service obligation, and the
terms and conditions on which the equipment, goods
or services are offered or supplied.

(6) The Fund shall, before approving universal service
provider’s policy, satisfy that the draft adequately deals with
the supply of appropriate equipment, goods or services to-
(a) people with disability;
(b) people with special needs;
(c) delivery of quality communication services;
(d) pricing of services in terms of affordability; and
(e) making available and accessible communication
services to all people. (7) The Fund shall, before approving universal service
provider’s project proposal, satisfy that the draft-
(a) specifies appropriate equipment, goods or services
that the provider shall supply in fulfillment of the
service obligation concerned, so far as it relates to the
fulfillment of the universal service obligation;

provider shall supply in fulfillment of the
service obligation concerned, so far as it relates to the
fulfillment of the universal service obligation;

©2025 Government of Tanzania. All rights reserved. No part of this book may be reproduced or distributed without permission of OAG.559
THE UNIVERSAL COMMUNICATIONS SERVICE ACCESS ACT [CAP. 422 R.E. 2023]
(b) deals adequately with how the provider shall fulfill that
service obligation;
(c) sets out appropriate terms and conditions on which the
equipment, goods or services are to be supplied; and
(d) sets out appropriate arrangements for the marketing
of the supply of the equipment, goods or services to
persons concerned. (8) The Fund shall give written notice of the Fund’s decision
whether to approve a draft policy statement or project proposal
to the universal service provider concerned. (9) Where the Fund refuses to approve the draft, the Fund-
(a) shall give the universal service provider written notice
of the reasons for the refusal; and
(b) may, by giving written notice, direct the provider to
give the Fund, within a specified period of time and
in specified terms, a fresh draft policy statement or a
project proposal. 18.–(1) The Fund shall be supported by a universal service
levy imposed on all holders of communication licences.

icy statement or a
project proposal. 18.–(1) The Fund shall be supported by a universal service
levy imposed on all holders of communication licences.

(2) The universal service levy shall be worked out on the
basis of the operator’s eligible revenue. (3) The eligible revenue of an operator subject to a universal
service levy for a financial year is the amount of the operator’s
eligible revenue for the financial year. (4) An eligible revenue payable under subsection (3) shall
not exceed 1.5 percent of the gross operating revenue of holders
of communication licence. (5) The Minister shall, after consultation with stakeholders
of communication licence, make regulations providing the
procedure in which the net cost of universal service obligation
will be determined. (6) The calculation of net cost of universal service obligation
shall be-
(a) audited by an independent auditor;
(b) published by the Fund in the Gazette; and
(c) open for public inspection. Universal service
levy

shall be-
(a) audited by an independent auditor;
(b) published by the Fund in the Gazette; and
(c) open for public inspection. Universal service
levy

©2025 Government of Tanzania. All rights reserved. No part of this book may be reproduced or distributed without permission of OAG.560
THE UNIVERSAL COMMUNICATIONS SERVICE ACCESS ACT [CAP. 422 R.E. 2023]
(7) A holder of a communication licence who fails to pay the
universal service levy commits an offence and on conviction
shall be liable to a fine not exceeding ten million shillings. (8) Notwithstanding the provisions of subsection (7), the
universal service levy which is due and has not been paid shall
be treated as a debt recoverable under a civil suit by way of
summary procedure. 19.–(1) Before the end of a claim period, being a period during
which the Fund determine universal service subsidy, the Fund
shall determine one or more universal service subsidies for the
period. (2) The Fund shall ensure that there is a subsidy for each
universal service area in respect of each service obligation that
may cover one or more universal service areas in respect of
one or more service obligations.

l service area in respect of each service obligation that
may cover one or more universal service areas in respect of
one or more service obligations.

(3) A determination made pursuant to the provisions of this
section shall specify the-
(a) amount or method for working out the amount of the
subsidy; and
(b) circumstances in which the universal communications
service provider, for the relevant claim period, is or
may be eligible to receive subsidy. (4) The circumstances that may be specified shall include,
but not limited to-
(a) whether the subsidy is payable to the universal service
provider or a competing universal service provider;
and
(b) type or amount of equipment, goods or services that
are supplied to persons in the universal services area. 20.–(1) The Fund shall have the right to request any person
to submit any information for the purpose of carrying out its
functions under the Act. (2) A person who, upon request of the Fund-
(a) fails without reasonable cause to provide any
information requested;
Universal service
subsidy
Right to
information
Act No. 6 of 2021 s. 68

Fund-
(a) fails without reasonable cause to provide any
information requested;
Universal service
subsidy
Right to
information
Act No. 6 of 2021 s. 68

©2025 Government of Tanzania. All rights reserved. No part of this book may be reproduced or distributed without permission of OAG.561
THE UNIVERSAL COMMUNICATIONS SERVICE ACCESS ACT [CAP. 422 R.E. 2023]
(b) obstructs the Fund from obtaining information
requested; or
(c) provides information that is false or misleading,
commits an offence and on conviction shall be liable to a fine
of not less than one million shillings but not exceeding ten
million shillings or to imprisonment for a term not exceeding
six months or to both. 21.–(1) There shall be a public Register kept by the Fund which
shall be available for public inspection at all times during
business hours. (2) The Fund shall determine the categories of decisions
and information which shall be placed on the public Register
and notify the Minister accordingly. (3) The Fund shall exclude from the public Register any
document or part of a document which is confidential. (4) The Fund shall ensure that where possible the Register
shall be accessible to the public by internet. 22. Upon issuing of funds, the Fund shall publish in the Gazette
and local newspapers the list of universal service providers.

the public by internet. 22. Upon issuing of funds, the Fund shall publish in the Gazette
and local newspapers the list of universal service providers.

PART V
FINANCIAL PROVISIONS
23.–(1) The funds and sources of the Fund shall consist of-
(a) such funds as may be appropriated by the Parliament
for purposes of the Fund;
(b) such sums of money allocated by way of subventions by
the Authority;
(c) universal service levy by holders of communication
licences;
(d) such sum of money obtained from investments by the
Fund;
Public Register
Publication of
universal service
providers
Sources of funds
Act No. 6 of 2021 s. 69

um of money obtained from investments by the
Fund;
Public Register
Publication of
universal service
providers
Sources of funds
Act No. 6 of 2021 s. 69

©2025 Government of Tanzania. All rights reserved. No part of this book may be reproduced or distributed without permission of OAG.562
THE UNIVERSAL COMMUNICATIONS SERVICE ACCESS ACT [CAP. 422 R.E. 2023]
(e) any grants, donations, bequests or other contributions
or transfers granted in any manner by any individual or
legal entity, whether local or foreign; and
(f) such sums of moneys received as levies and contributions
in respect of services supplied by the Fund. (2) The Minister shall make regulations prescribing the
manner and percentage by which a holder of a communications
licence shall pay universal service levy and other fees payable
by persons in connection with the services rendered by the
Fund. (3) The Fund shall disclose details of the sources of its funds
in the annual report. 24.–(1) The Fund shall keep books of accounts and maintain
proper records of its operations in accordance with commercial
accounting standards.

eport. 24.–(1) The Fund shall keep books of accounts and maintain
proper records of its operations in accordance with commercial
accounting standards.

(2) The accounts of the Fund may at any time and shall, at the
end of each financial year, be audited by a person registered as
an auditor under the Accountants and Auditors (Registration)
Act, appointed by the Fund on such terms and conditions as
the Board may determine. 25.–(1) The Controller and Auditor-General shall, at least once
every two years and more frequently as he sees fit, conduct an
audit of the performance by the Fund of its functions including
its performance in relation to key performance indicators, on
such terms and conditions as the Minister may determine. (2) The Controller and Auditor-General shall conduct
additional audits of the Fund as may be requested by the
Minister. (3) The key performance indicators under subsection (1)
shall be as directed by the Minister, or in the absence of such
direction, as determined by the Controller and Auditor-General. 26.–(1) Before 30th September each year, the Fund shall
prepare an annual report in respect of that year up to the
immediately preceding 30th June and submit it to the Minister. Accounts and
financial audit
Cap. 286
Performance
audit
Annual report

at year up to the
immediately preceding 30th June and submit it to the Minister. Accounts and
financial audit
Cap. 286
Performance
audit
Annual report

©2025 Government of Tanzania. All rights reserved. No part of this book may be reproduced or distributed without permission of OAG.563
THE UNIVERSAL COMMUNICATIONS SERVICE ACCESS ACT [CAP. 422 R.E. 2023]
(2) The annual report shall provide detailed information
regarding the exercise of the functions and powers of the Fund
during the year to which it relates and shall include-
(a) a copy of the audited accounts of the Fund;
(b) a copy of the report of the Controller and Auditor-
General on the performance audit carried out during
the year to which the annual report relates; and
(c) such information and other material as the Fund may
be required by this Act. 27.–(1) Before the end of a financial year, the Fund shall prepare
a budget for the following financial year showing estimates of
its receipts and expenditure. (2) Subject to the provision of subsection (1), the Fund shall
inform the Minister of its budget for the following financial
year by submitting a copy of the budget to the Minister.

subsection (1), the Fund shall
inform the Minister of its budget for the following financial
year by submitting a copy of the budget to the Minister.

(3) Where the Minister directs, the Fund shall commission
auditors to assess and make a report regarding the extent to
which the budget represents a fair and reasonable projection of
the income and expenditure of the Fund for the relevant year. (4) The Fund shall submit to the Minister a copy of any
report prepared pursuant to subsection (3) as soon as possible
after the Fund receives it. (5) Where the audit report contains a statement that the
budget does not represent a fair and reasonable projection of
income and expenditure, the Minister may require the Fund
to revise the budget with a view to making it responsive to the
projection of income and expenditure. PART VI
MISCELLANEOUS PROVISIONS
28. The Minister may make regulations for the better carrying
out of the provisions of this Act and may, generally, prescribe
any matter, thing, manner or procedure by which such matter
or thing may be made. Budget
Regulations

visions of this Act and may, generally, prescribe
any matter, thing, manner or procedure by which such matter
or thing may be made. Budget
Regulations

©2025 Government of Tanzania. All rights reserved. No part of this book may be reproduced or distributed without permission of OAG.564
THE UNIVERSAL COMMUNICATIONS SERVICE ACCESS ACT [CAP. 422 R.E. 2023]
29.–(1) A person being the subject of this Act who, before
the commencement of this Act, was a holder of a licence or
permit authorising the provision of universal communications
service shall, within the next following months conform to the
provisions of this Act. (2) This Act shall not operate so as to defeat, cause to suffer
or to affect in a prejudicial way the rights of any person under
a licence or permit granted prior to the commencement of this
Act. PART VII
CONSEQUENTIAL AMENDMENT TO
THE TANZANIA COMMUNICATIONS
REGULATORY AUTHORITY ACT, CAP. 172
30–31. [Omitted.]
SCHEDULE
(Made under section 7(6))
PROCEEDINGS OF THE BOARD
1. During the first meeting of the Board, members shall nominate one
of their numbers to be the Vice-Chairman. 12. Members including the Chairman shall be appointed for a term
of three years and may be eligible for re-appointment for one further
successive term but shall not otherwise be eligible for re-appointment. 3.

term
of three years and may be eligible for re-appointment for one further
successive term but shall not otherwise be eligible for re-appointment. 3.

Any member may at any time resign by giving notice in writing to
the appointing authority and from the date specified in the notice or
if no date is so specified from the date of receipt of the notice by the
appointing authority, he shall cease to be a member. 4.–(1) The Board shall ordinarily meet at least four times yearly at such
times and places as it deems necessary for the transaction of its business
and convene special meeting upon request by the majority of members. 1 Designate contents of paragraph 1(1) as paragraph 1, and contents of
subparagraph (2) as paragraph 2 and renumbering other paragraphs accordingly to
differentiate “Nomination of chairman and Tenure of Board members
Transitional and
savings
Omitted
Act No. 1 of 2022 s. 70
Nomination of
Vice -Chairman
Tenure of Board
members
Resignation of
member
Meetings of
Board

Transitional and
savings
Omitted
Act No. 1 of 2022 s. 70
Nomination of
Vice -Chairman
Tenure of Board
members
Resignation of
member
Meetings of
Board

©2025 Government of Tanzania. All rights reserved. No part of this book may be reproduced or distributed without permission of OAG.565
THE UNIVERSAL COMMUNICATIONS SERVICE ACCESS ACT [CAP. 422 R.E. 2023]
(2) An ordinary meeting of the Board shall be convened by the
Chairman and the notice specifying the place, date and time of the
meeting shall be sent to each member at his usual place of business
or residence not less than ten days before the date of the meeting and
where the Chairman is unable to act by reason of illness or other case
or is absent from the United Republic, the Vice-Chairman may convene
the meeting. (3) The Chairman or, in his absence, the Vice-Chairman, may on his
own motion, or if requested in that behalf by at least half the members
shall, convene a special meeting of the Board. (4) The Board may invite any person who is not a member to participate
in the deliberations of the Board, but any person so invited shall have
no vote at the meeting. (5) The quorum at any meeting of the Board shall be half of the members
in office. (6) The Board may act notwithstanding any vacancy in its membership. 5.

The quorum at any meeting of the Board shall be half of the members
in office. (6) The Board may act notwithstanding any vacancy in its membership. 5.

Minutes in proper form of each meeting of the Board shall be kept
and confirmed by the Board at its next meeting. 6.–(1) The official seal of the Fund shall be of such shape, size and form
as the Board may determine. (2) The official seal shall not be affixed to any instrument or document
except in the presence of the Manager, Secretary or such other employee
of the Fund as the Board may appoint in that behalf. 7.–(1) All deeds, documents, ruling, declarations or other official
instruments requiring the seal of the Fund shall be affixed with the
official seal in the presence of two officers of the Fund duly authorised
to act in that behalf and signed by those officers. (2) The Board may, by resolution or otherwise, appoint any officer
or employee of the Fund or any other agent, either generally or in
particular, to execute or sign on behalf of the Fund any agreement or
other instrument not under seal in relation to anything coming within
the powers of the Fund. 8.

xecute or sign on behalf of the Fund any agreement or
other instrument not under seal in relation to anything coming within
the powers of the Fund. 8.

An act or proceeding of the Board shall not be invalid by reason
of any defect or irregularity in the appointment of any member or by
reason that any person who purported bona fide to act as a member
at the time of the act or proceedings, was in fact disqualified or not
entitled to act as a member. 9. Where any member absents himself from three consecutive
meetings of the Board without sufficient cause, the Board shall advise
the appointing authority of the fact and the appointing authority
Minutes of
meetings
Official seal of
Fund
Execution of
documents
Proceedings not
invalidated by
irregularity
Absence from
three consecutive
meetings

©2025 Government of Tanzania. All rights reserved. No part of this book may be reproduced or distributed without permission of OAG.566
THE UNIVERSAL COMMUNICATIONS SERVICE ACCESS ACT [CAP. 422 R.E. 2023]
may terminate the appointment of the member and appoint another
member in his place.
10. Subject to the provisions of this Act, the Board shall have power
to regulate its own proceedings in relation to its meetings and the
transaction of its business.
Board may
regulate its own
proceedings