Information and Communication Technologies

Information and Communication INo. 15 of 2009 117
Technologies
THE INFORMATION AND COMMUNICATION
TECHNOLOGIES, ACT
ARRANGEMENT OF SECTIONS
PART I
PRELIMINARY
I . Short title and commencement
Interpretation
Supremacy of Act
PART II
THE ZAMBIA INFORMATION AND COMMUNICATIONS TECHNOLOGY
AUTHORITY
Continuation and re-naming of Authority
Functions of Authority
Independence of Authority
Authority to issue guidelines
Competition in sector
PART III
LICENSING OF ELECTRONIC COMMUNICATIONS OTHER THAN
RADIOCOMMUNICATIONS
Prohibition of operation of network or provision of service
without licence
Licences
Application for licence
Issue of licence
Conditions of licence
Variation of licence
Surrender of licence
Transfer of license
Amendment of licence
Suspension or cancellation of licence
Renewal of licence
Exemption of specific persons, activities etc.
Obligations of persons undertaking exempt activities
Reserved service
Provision of essential services
Change of control of licencee
Necessity for scarce resources assignment
2 6. Register
Copies of this Act may can be obtained from the Government Printer,
P.O. Box 30136, 10101 Lusaka. Price K33,500 each.

sources assignment
2 6. Register
Copies of this Act may can be obtained from the Government Printer,
P.O. Box 30136, 10101 Lusaka. Price K33,500 each.

118 No. 15 of 2009] Information and Communication
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PART IV
RADIOCOMMUNICATION SERVICES
Application of part
Prohibition of operating radio station, etc. without license
Application for license
License
Conditions of license
Duration of license
Renewal of license
License not transferable
Certificate of competence to operate amateur radio station
Unauthorised activities
Suspension or revocation of licence or certificate
Notice to be given of certain works
PART V
ECONOMIC REGULATION
Definition
Relevant markets and dominant market players
Interconnection
Register of interconnection agreement
Access agreement
Co-location
Interim arrangements for interconnection, access or co
location
Authority to be copied
Tariffs for services to public
Tariffs for services offered by licencee holding dominant
position
Forbearance
Approval of tariffs and charges by Authority
Tariff rates and regulations
Penalty for using unapproved tariffs, charges etc
PART VI
TECHNICAL REGULATION
Prohibition of using frequency, bands, etc. without assignment
Spectrum and number assignment
Numbering plan
Assignment exemption
57. Assignment fees

Prohibition of using frequency, bands, etc. without assignment
Spectrum and number assignment
Numbering plan
Assignment exemption
57. Assignment fees

Information and Communication [No. 15 of 2009 119
Technologies
Assignment renewal
Modification, suspension and withdrawal of individual
assignments
Modification, suspension and withdrawal of class assignment
Rights of transfer, frequency, band, etc. Access to public land for provision of electronic
communication service
Access to private land and acquisition of private property
Technical standards for electronic communications apparatus
Standards for performance and operation of equipment or
electronic communication apparatus
Type approval of equipment
PART VII
CONSUMER AFFAIRS
Quality of Service
Guidelines for handling complaints
Code of conduct for service providers
PART VIII
UNIVERSAL ACCESS AND S ERVICE
Universal Access and Service Fund
Administration and management of Fund
Annual returns
PART IX
DISPUTES, REVIEWS AND APPEALS
Appeals
Appeals Tribunal
Licensee disputes
PART X
ENFORCEMENT AND OFFENCES
Inspection
Security of electronic communications installation or plant
General Offences
Failure to comply with guidelines, terms or conditions of
license, etc.

n
Security of electronic communications installation or plant
General Offences
Failure to comply with guidelines, terms or conditions of
license, etc.

Interference with programming of mobile device
Unauthorised disclosure of radiocommunication message
Furnishing of false information, etc. Unauthorised interference with apparatus, etc.

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Forfeiture of equipment
Use of equipment in commission of offence
Penalty for abating or attempting to commit offences
Offences by body corporate or unincorporate body
Power of Director-General to compound certain offences
Offences cognizable
PART X1
GENERAL PROVISIONS
Information to be furnished to Authority
Regulations
92. Repeal of Cap. 469 and Cap. 169
SCHEDULES
First Schedule
Second Schedule
Third Schedule

SIONS
Information to be furnished to Authority
Regulations
92. Repeal of Cap. 469 and Cap. 169
SCHEDULES
First Schedule
Second Schedule
Third Schedule

Information and Communication [No. 15 of 2009 121
Technologies
GOVERNMENT OF ZAMBIA
ACT
No. 15 of 2009
Date of Assent: 26th August, 2009
An Act to continue the existence of the Communications
Authority and re-name it as the Zambia Information and
Communication Technology Authority; provide for the
regulation of information and communication technology;
facilitate access to information and communication
technologies; protect the rights and interests of service
providers and consumers; repeal the Telecommunications
Act, 1994, and the Radiocommunications Act, 1994; and
provide for matters connected with or incidental to the
foregoing. [28th August, 2009
ENACTED by the Parliament of Zambia. PART I
PRELIMINARY
I. This Act may be cited as the Information and Communication
Technologies Act, 2009, and shall come into operation on such
date as the Minister may, by statutory instrument, appoint. 2.

rmation and Communication
Technologies Act, 2009, and shall come into operation on such
date as the Minister may, by statutory instrument, appoint. 2.

(1) In this Act, unless the context otherwise requires-
" aircraft station has the meaning assigned to it in the Second
Schedule;
" amateur radio station " has the meaning assigned to it in
the Second Schedule;
Authority " means the Zambia Information and
Communication Technology Authority referred to under
section four;
" Board means the Board of the Authority constituted under
paragraph 1 of the First Schedule;
" broadcaster " means a person I icenced to operate a
broadcasting service under the Independent Broadcasting
Authority Act;
Enactment
Short title and
commencement
Interpretation
Act No. 17
of 2002

rate a
broadcasting service under the Independent Broadcasting
Authority Act;
Enactment
Short title and
commencement
Interpretation
Act No. 17
of 2002

122 No. 15 of 2009] Information and Communication
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" certificate of competence " means a certificate issued under
section thirty-five;
" Chairperson " means the person appointed as such under
paragraph 1 of the First Schedule;
" class assignment " means the declaration referred to in
subsection (4) of section thirty;
" class licence" means the licence referred to under
subsection (2) of section ten;
" Code of Conduct " means the Code of Conduct for
licencees referred to under section sixty-nine;
" co location " means the accommodation of two or more
switches, antennae or other electronic communications
network equipment in or on a single building, tower or
other structure;
" company has the meaning assigned to it in the Companies
Cap.

communications
network equipment in or on a single building, tower or
other structure;
" company has the meaning assigned to it in the Companies
Cap.

388 Act:
"Convention " means the International Telecommunications
Convention signed in Nairobi on 6th November, 1982, or
any other Convention on, or relating to, telecommunication,
to which the Government of the Republic of Zambia is a
party;
" consumer means a person to whom an electronic
communications service is rendered, and includes any
person who purchases electronic communications products
otherwise than for the purpose of re-sale, but does not
include a person who purchases any electronic
communications products for the purpose of using them in
the production and manufacture of any other goods or
articles for sale;
"customer equipment " means equipment, cabling, hardware
and software, employed on the customer side of the
network boundary;
dealer " means a person who carries on a trade, business
or industry in which transmitting stations or their
component parts are assembled, manufactured, imported,
bought, sold or exchanged or offered or exposed for sale
or exchange;
" diffusion service means—
(a) the dissemination by means of wires or
wirelessly otherwise than within the precincts of
a single private residence, of the whole or any
part of a broadcasting service; or

means of wires or
wirelessly otherwise than within the precincts of
a single private residence, of the whole or any
part of a broadcasting service; or

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15 of 2009 123,
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(b) the dissemination of music or speech by means of
wires or wirelessly connecting two or more
loudspeakers which-
are installed in a specific building or within
the precincts of a specified building; or
are permanently fixed, otherwise than within
a single specified building, in a motor
vehicle, aircraft, ship or railway train, for
purposes not ancillary or incidental to or
connected with any exhibition,
performance, including a performance by
a circus, contest, game or sport, such as—
the running of any horse race;
the holding of any concert or the
production of any play, opera,
ballet, pageant or the like;
the showing of cinematograph film;;
or
the holding of any agricultural,
horticultural, industrial or
commercial show or any dance,
cabaret, garden party, fete, fair,
gymkhana or the like; and
" diffuse " shall be construed accordingly;
" Director-General " means the person appointed as such under
paragraph 8 of the First Schedule;
" distress call " means a radiocommunication concerning safety
of life on land, at sea or in the air;
" dominant position " means a 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;
" electronic communication " means a transfer of signs, signals,
writing, images, sounds, data or intelligence of any nature,
transmitted in whole or in part by radio, electro-magnetic,
photo electronic or photo optical system, but does not
include—
any wire or direct oral communication;
any communication made through a tone only paging
device;
(c) any communication from a tracking device; or

ude—
any wire or direct oral communication;
any communication made through a tone only paging
device;
(c) any communication from a tracking device; or

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(d) electronic funds transfer information stored by a
financial institution in a communications system
used for the electronic storage and transfer of
funds;
" electronic communications apparatus " includes electronic
communications network and any equipment or facility
constructed or adapted for use as part of, or for the purpose
of, an electronic communications service;
electronic communications market " means an area of
activity identified by the Authority, as constituting a single
market within the information and communication
technology sector:
electronic communications network " means transmission
systems and, where applicable, switching or routing
equipment and other resources which permit the
conveyance of signals by wire, radio, optical or other
electro-magnetic means, including satellite networks, fixed,
circuit and packet switch, internet, mobile terrestrial
networks, electricity cable systems, to the extent that they
are used for the purpose of transmitting signals, networks
used for radio and television broadcasting and cable
television networks, irrespective of the type of information
conveyed;
" electronic communications service " means a service
provided by means of one or more electronic
communications networks;
" exempt service means a service for which there is no
licencing or authorisation required to commence business;
Fund " means the Universal Access and Service Fund
established under section seventy;
Fund Manager " means the person appointed to administer
the Fund under subsection (1) of section seventy-one;
" generating apparatus " means apparatus—
generating or designed to generate; or
liable to generate fortuitously;
Hertizan waves of frequency or kind prescribed by
regulation;
"harmful interference" means radiation, conduction or any
other electro-magnetic effect which
prevents or impedes, or persistently or repeatedly
interrupts, a radiocommunication service carried
out in accordance with the provisions of this Act
or of the Convention; and
is not caused by the operation of a transmitting
station in accordance with the provisions of this
Act;

ovisions of this Act
or of the Convention; and
is not caused by the operation of a transmitting
station in accordance with the provisions of this
Act;

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" Hertzian waves " means electro-magnetic waves of
frequency not less than ten Hertz and not more than three
million megaHertz;
"individual assignment" means the declaration made by the
Authority under section fifty-four;
" individual licence means the licence referred to under
paragraph (a) of subsection (2) of section ten;
" information and communication technology "
means the application of modern communications and
computing technologies to the creation, management and
use of information through the utilisation of hardware,
software, networks, and media for the collection, storage,
processing, transmission and presentation of information
and related services;
" interconnection " means the physical or logical linking of
one electronic communications network to another for the
purpose of allowing the persons using one of them to be
able to—
communicate with persons using the other
electronic communications network; or
make use of services provided by means of the
other electronic communications network;
" licensee " means a holder of a network licence, service
licence, class licence or individual licence;
" mobile station " has the meaning assigned to it in the Second
Schedule;
" network boundary " means the first equipment socket in a
private residence, the main distribution frame in a building,
or the point at which an electronic communications network
receives electronic communications from, or send electronic
communications to, a consumer;
" network licence" means the licence referred to in paragraph
(a) of subsection (1) of section ten;
" network service " means a service for the carrying of
information, in the form of speech or other sound, data,
text or images, by means of guided or unguided electro-
magnetic energy, but does not include services provided
solely on the consumer side of the network boundary;
" physical co-location means a type of co-location where a
licensee controlling a building, tower or other structure in,
or on which, another licensee's switches, antennae or other
electronic communications network equipment are
accommodated, and allows the other licensee to operate
the switches, antennae or other electronic communications
network equipment;

work equipment are
accommodated, and allows the other licensee to operate
the switches, antennae or other electronic communications
network equipment;

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private land means land other than public land;
" public land " means any land owned or held by, or under
the control or management of, a Government ministry,
institution or department, a chief or a local authority;
" radio apparatus " means—
an instrument, pole, mast, standard, wire, cable, thing
or means whatsoever designed, constructed or
adapted for use in connection with, or for the
purpose of, conveying electrical energy to, a radio
station; or
any electronic communications apparatus which is
capable of transmitting or receiving any signal by
radio, excluding subscriber equipment if such
equipment is used solely for that purpose;
radio station " means a receiving station or a transmitting
station, or a receiving and transmitting station;
radiocommunication " means the transmission and reception
of sounds, graphic images or impulses, wholly or partly, by
means of Hertzian waves;
" radiocommunication service " means a service whose
primary activity is the transmission or reception of
radiocommunications;
receiving station " means apparatus designed, constructed
or adapted for use for the reception of
radiocommunications;
Register " means the Register kept pursuant to section
twenty-six;
Cap 469 " repealed Acts " means the Telecommunications Act, 1994,
Cap 169 and the Radiocommunications Act, 1994;
reserved services " means the services declared as such
by the Minister under section twenty-two;
" scarce resources " means resources that are limited, or
any frequency spectrum, numbers and electronic
addresses;
sector " in relation to information and communication
technology, means the sector in which employers and
employees are associated for the carrying on of the
marketing, manufacturing, assembling, servicing, installing,
maintaining or repairing systems, software, equipment,
machines, devices and apparatus, whether utilising manual,

, assembling, servicing, installing,
maintaining or repairing systems, software, equipment,
machines, devices and apparatus, whether utilising manual,

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photographic, optical, mechanical, electrical, electro-static
or electronic principles or a combination of such principles,
that are primarily intended for the recording, processing,
monitoring or transmission of voice, data, image or text or
any combination thereof, for use in accounting, calculating,
data processing, data transmission, duplicating, text
processing, document reproduction, document transmission,
record keeping and record retrieval, broadcasting or
transmission for entertainment or information purposes of
voice, image, text or any combination thereof or the
provision of services relating to the foregoing activities;
" service licence " means the licence referred to in paragraph
(b) of subsection (1) of section ten;
" ship station " has the meaning assigned to it in the Second
Schedule;
" telecommunications officer " means a person appointed as
such under section seventy-six;
" temporary licence "means the licence referred to under
section thirty;
" transmitting station " means apparatus, other than generating
apparatus, designed, constructed or adapted for use, for
the transmission or emission of radiocommunications;
" Tribunal " means the Appeals Tribunal established under
section seventy-four;
" Vice-Chairperson " means the person elected as such under
paragraph 1 of the First Schedule;
"virtual co-location" means a type of co location where a
licensee controlling the building, tower or other structure
in, or on which, another licensee's switches, antennae or
other electronic communications network equipment are
accommodated, operates those switches, antennae or other
electronic communications network equipment on behalf
of the other licensee;
" universal access " means access by all citizens of Zambia
to information and communications technology services;
" Union " means the International Telecommunications Union
established under the Convention;
" Zambia Bureau of Standards " means the Zambia Bureau
of Standards established under the Standards Act; and Cap.

on
established under the Convention;
" Zambia Bureau of Standards " means the Zambia Bureau
of Standards established under the Standards Act; and Cap.

416
" Zambia Competition Commission " means the Zambia
Competition Commission established under section eight
of the Competition and Fair Trading Act. Cap. 417

bia Competition Commission " means the Zambia
Competition Commission established under section eight
of the Competition and Fair Trading Act. Cap. 417

128 No. 15 of 2009] Information and Communication
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Supremacy
of Act
Cap. 1
(2) For purposes of this Act, " access includes access to—
network elements and associated facilities;
physical infrastructure, including buildings, ducts and
masts;
relevant software systems, including operational support
systems;
number systems or systems offering equivalent
functionality;
fixed and mobile networks, in particular roaming;
conditional access systems for digital television services;
and
(g) virtual network services. 3. Subject to the Constitution, where there is any inconsistency
between the provisions of this Act and the provisions of any other
written law relating to the regulation of information and
communication technologies, the provisions of this Act shall prevail
to the extent of the inconsistency. PART II
Continuation
and renaming
of
Authority
Cap 469
Autonomy
of Authority
Functions of
Authority
THE ZAMBIA INFORMATION AND COMMUNICATION TECHNOLOGY
AUTHORITY
4.

uation
and renaming
of
Authority
Cap 469
Autonomy
of Authority
Functions of
Authority
THE ZAMBIA INFORMATION AND COMMUNICATION TECHNOLOGY
AUTHORITY
4.

(1) The Communications Authority established under the
repealed Act shall continue to exist as if established under this Act
and is for purposes of this Act hereby re-named the Zambia
Information and Communications Technology Authority. The Authority shall be a body corporate with a common
seal, capable of suing and of being sued and, subject to the provisions
of this Act, capable of performing all such acts and things as a
body corporate may, by law, do or perform. The provisions of the First Schedule apply to the Authority. 5. Except as otherwise provided in this Act, the Authority shall
be an autonomous body and shall not be subject to the direction of
any other person or authority. 6. (1) The Authority shall regulate the provision of electronic
communication services and products and monitor the performance
of the sector, including the levels of investment and the availability,
quality, cost and standards of the electronic communication services. (2) Without limiting the generality of subsection (1), the
Authority shall-

ity,
quality, cost and standards of the electronic communication services. (2) Without limiting the generality of subsection (1), the
Authority shall-

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implement and administer the licencing and assignment
schemes provided for under this Act, including setting
standards for the sector;
provide for national frequency and numbering plans and
facilitate the efficient use and allocation of numbers and
frequencies;
promote and facilitate the provision, in urban and rural
areas, of such information and electronic communication
services that meets all reasonable demand including, in
particular, emergency services, directory information
services and maritime services;
approve the sites at which all transmitting stations, other
than aircraft stations, mobile stations or ship stations,
are to be established and at which all radio station
apparatus used in connection with the transmitting station
is to be erected;
(e) disseminate information and promote the participation of
the public in the provision of electronic communications
services;
(D promote the interests of consumers, purchasers and other
users of information and electronic communications
services, including, in particular, persons with disabilities
and the aged in respect of the accessibility, quality and
variety of the services and equipment;
promote competition among persons engaged in
commercial activities relating to, or in connection with,
the provision of information and communication
technology and efficiency and economy on the part of
persons so engaged;
promote research, development and the use of new and
appropriate technologies in the sector and promote the
manufacturing and production of relevant apparatus;
N attract and encourage local and foreign investment in
information and communication technology and promote
the provision of international transit services;
administer the country code top level domain and electronic
addresses;
(k) allocate the frequency on which all radio transmitting
stations and apparatus shall be worked;
(1) approve-
the mode of transmission to be adopted in
connection with all transmitting stations and
the power to be radiated therefrom;
the classes, types and standards of transmitting
stations and the radio station apparatus to be
used in connection with different classes of radio
communication services; and

tandards of transmitting
stations and the radio station apparatus to be
used in connection with different classes of radio
communication services; and

130 No. 15 of 20091 Information and Communication
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Authority to
Issue
guidelines
Competition
in sector
Prohibition
of operation
of network
or provision
of service
without
licence
(iii) the classes, types and standards of receiving
stations and radio and other apparatus to be
used in connection with diffusion services; and
(m) perform any other functions as are necessary or
incidental to the performance of its functions under
this Act. The Minister may give to the Authority such general
directives with respect to the carrying out of its functions under
this Act as the Minister considers necessary or expedient and the
Authority shall give effect to the directives. The Authority is hereby authorised to undertake and carry
on any works or activities that, for persons other than the Authority,
would by virtue of this Act require a licence. The Authority may perform such other functions and
exercise such powers as are conferred on it by, or under, any
other law. In exercising the powers conferred upon it under this Act,
the Authority shall have regard to the provisions of the Convention. 7.

der, any
other law. In exercising the powers conferred upon it under this Act,
the Authority shall have regard to the provisions of the Convention. 7.

(1) In the exercise of its functions under this Act, the
Authority may make such guidelines as are necessary for the better
carrying out of the provisions this Act. The Authority shall publish all the guidelines issued under
this Act in a daily newspaper of general circulation in Zambia, and
the guidelines shall not take effect until they are so published. The guidelines issued by the Authority under this Act shall
bind all persons regulated under this Act. 8. The Authority shall consult the Zambia Competition
Commission on any matter relating to competition in the sector. PART Ill
LICENCING OF ELECTRONIC COMMUNICATIONS OTHER THAN
RADIOCOMMUNICATIONS
9. ( 1 ) A person shall not operate an electronic communications
network or provide an electronic communications service without
a licence issued under this Act. (2) A person who contravenes subsection ( I) commits an
offence and is liable, upon conviction, to a fine not exceeding five
hundred thousand penalty units or to imprisonment for a period not
exceeding five years, or to both.

le, upon conviction, to a fine not exceeding five
hundred thousand penalty units or to imprisonment for a period not
exceeding five years, or to both.

Information and Communication [No. 15 of 2009 131
Technologies
10. (1) The Authority shall issue the following licences for Licences
purposes of this Act:
a network licence, to allow the holder thereof to construct,
own or make available an electronic communications
network, or to provide a network service; and
a service licence, to allow the holder thereof to provide
one or more electronic communications services. (2) The Authority shall, in respect of each of the licences referred
to in subsection (1), issue the following classes of licence:
individual licence; and
class licence;
11. (1) A person intending to operate a network or provide a Application
service under this Act shall apply for an individual licence or a for licence
class licence in the prescribed manner upon payment of the
prescribed fee. The Authority shall, within sixty days of receipt of an
application, grant or reject the application. Where the Authority fails to make a decision within the
period referred to under subsection (2), except as otherwise provided
under this Act, the application shall be deemed to have been granted.

within the
period referred to under subsection (2), except as otherwise provided
under this Act, the application shall be deemed to have been granted.

The Authority shall, where it rejects an application for a
licence, inform the applicant accordingly and give the reasons
therefor. The Authority may request for further particulars or
information in respect of an application. 12. (1) The Authority shall issue a licence under this Act, if— Issue of
the application is in accordance with the provisions of licence
this Act; and
the applicant is financially and technically capable of
meeting the applicant's obligations and the terms and
conditions of the licence. (2) The Authority shall communicate its decision in respect of
an application for a licence to the applicant, in writing, within fourteen
days of such decision. 13. (1) A licence issued under section twelve shall— Conditions
of licence

icence to the applicant, in writing, within fourteen
days of such decision. 13. (1) A licence issued under section twelve shall— Conditions
of licence

132 No. 15 of 2009] Information and Communication
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Variation of
licence
Surrender of
licence
Transfer of
licence
contain the terms and conditions of the licence; and
be valid for such period as may be prescribed. (2) The terms and conditions referred to under subsection (1)
may relate to the rights and obligations in respect of interconnection
access and facility sharing. 14. (1) A licensee may, at any time during the validity of the
licence, apply to the Authority for variation of the terms and
conditions of the licence or any matter relating to the licence. (2) The Authority shall consider the application referred to in
subsection (1) and may grant or reject the application, and shall
give reasons to the applicant where it rejects the application. (3) The Authority may vary the terms and conditions of a
licence where—
the variation is necessary in the public interest; or
the variation is necessary to address the concerns of the
members of the public or consumers.

e—
the variation is necessary in the public interest; or
the variation is necessary to address the concerns of the
members of the public or consumers.

(4) The Authority shall, before making any variation of the terms
and conditions of a licence under this section, give notice to the
I icencee-
stating that it proposes to make variations in the manner
specified in the notice; and
specifying the time, not being less than thirty days from
the date of service of the notice on the licencee, within
which written representation in respect of the proposed
variation may be made to the Authority by the licensee. 15. (1) Where a licensee decides not to continue with any
undertaking to which the licence relates, the licensee shall notify
the Authority in writing and shall agree with the Authority on the
terms and conditions of the surrender of the licence, with particular
reference to anything done or any benefit obtained under the licence. (2) Where a licence is surrendered under sub section (1), the
licence shall lapse, and subject to section eighteen, be cancelled
and the licencee shall cease to be entitled to any benefits obtainable
under the licence. 16. (1) A licensee shall not transfer, cede, pledge, assign or
otherwise dispose of, or encumber, a licence without the prior
approval of the Authority.

. (1) A licensee shall not transfer, cede, pledge, assign or
otherwise dispose of, or encumber, a licence without the prior
approval of the Authority.

Information and Communication [No. 15 of 2009 133
Technologies
(2) An application for approval to transfer a licence shall be
made to the Authority and the Authority may, within thirty days of
receipt of the application--
approve the application on such terms and conditions as
it may determine; or
reject the application in accordance with the provisions
of this Act. 17. (1) The Authority may, upon application by a licensee, amend
the licence where—
some other person has succeeded to the interest in the
licence belonging to the licensee, by substituting for the
name of the licensee, the name of the successor; or
the name of the licensee has changed, by substituting the
name so changed. (2) The Authority shall, before amending a licence under
subsection (1). notify the public in a daily newspaper of general
circulation in Zambia. Amendment
of licence
(3) No compensation is payable by the Authority to a licensee
for any amendment to a licence under this section. 18.

n in Zambia. Amendment
of licence
(3) No compensation is payable by the Authority to a licensee
for any amendment to a licence under this section. 18.

(1) Subject to the other provisions of this Act, the Authority Suspension or
may suspend or cancel a licence if the holder— cancellation
obtained the licence by fraud or submission of false of licence
information or statements;
contravenes this Act, any other written law relating to
the licence or any terms and conditions of the licence;
fails to comply with a decision or guidelines made by the
Authority;
enters into receivership or liquidation or takes any action
for voluntary winding up or dissolution;
enters into any scheme of arrangement, other than for
the purpose of reconstruction or amalgamation, upon
terms and within such period as may previously have
been approved in writing by the Authority;
is the subject of any order that is made by a court or
tribunal for its compulsory winding up or dissolution;
has ceased to fulfil the eligibility requirements under this
Act; or
the suspension or cancellation is in the public interest.

ding up or dissolution;
has ceased to fulfil the eligibility requirements under this
Act; or
the suspension or cancellation is in the public interest.

134 No. 15 of 2009] Information and Communication
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Renewal of
licence
(2) The Authority shall, before suspending or cancelling a licence
in accordance with sub section (1), give written notice to the
holder thereof of its intention to suspend or cancel the licence and
shall—
give the reasons for the intended suspension or
cancellation; and
require the holder to show cause, within a period of not
more than thirty days, why the licence should not be
suspended or cancelled. (3) The Authority shall not suspend or cancel a licence under
this section if the licensee takes remedial measures to the
satisfaction of the Authority within the period referred to in
subsection (2). The Authority shall, in making its final determination on
the suspension or cancellation of a licence, consider the submissions
made by the licensee under subsection (2). The Authority may suspend or cancel a licence if the
holder after being notified under sub section (2) fails to show cause
or does not take any remedial measures, to the satisfaction of the
Authority, within the time specified in that sub section.

n (2) fails to show cause
or does not take any remedial measures, to the satisfaction of the
Authority, within the time specified in that sub section.

A licensee shall, where the licence is suspended, cease
to be entitled to the rights and benefits conferred under this Act
for the period of the suspension of the licence. Where a licence is cancelled, the holder of the licence
shall cease to be entitled to the rights and benefits conferred under
this Act, with effect from the date of such cancellation and shall
return the licence to the Authority. (8) The Authority shall, where it suspends or cancels a licence
under this section, publish the suspension or cancellation, as the
case may be, in a daily newspaper of general circulation in Zambia. 19. (1) A licensee may, not less than three months before the
expiry of a licence, apply for the renewal of the licence in the
prescribed manner and form, upon payment of the prescribed fee. (2) The Authority shall, where a licensee makes an application
under subsection (1), renew the licence if the licensee—
continues to fulfil the eligibility requirements under this
Act;
continues to be financially and technically capable of
meeting the licensee's obligations under this Act and
any other law; and
(c) has not, during the term of the licence, contravened the

cally capable of
meeting the licensee's obligations under this Act and
any other law; and
(c) has not, during the term of the licence, contravened the

information and Communication [No. 15 of 2009 135
Technologies
provisions of this Act, the terms and conditions of the
licence, the guidelines issued by the Authority or any
other relevant law. 20. (1) The Authority may, by declaration—
exempt a person or class of persons, for a limited or
unlimited period of time, from the requirement to hold
an individual licence or a class licence under this Part;
or
specify activities for which an electronic communications
licence shall not be required. The Authority may, where it issues a declaration under
subsection (1), reverse its decision if the licencing of an exempt
person or class of persons, or exempt activities, becomes necessary
for the purposes of this Act. The Authority shall, where it reverses its decision under
subsection (2), notify in the prescribed manner and form, the
affected persons, and give the reasons for the reversal before
effecting the reversal. 21. Nothing in this Act shall be construed as exempting any
person undertaking an activity that is exempt from any licencing
requirements under this Act from complying with the other
provisions and requirements of this Act.

aking an activity that is exempt from any licencing
requirements under this Act from complying with the other
provisions and requirements of this Act.

The Minister may, by statutory instrument, declare certain
services as reserved services where the Minister considers it
necessary to do so, having regard to the strategic and policy
considerations related to providing the service. (1) A holder of an individual licence shall provide the
following essential electronic communications services twenty four
hours a day, seven days a week, at the prescribed level of quality,
without discrimination:
emergency service with priority routing, to enable a
member of the public to make contact with the police,
the tire brigade and the ambulance service;
directory assistance service, to enable a subscriber to
obtain a telephone number through the assistance of an
operator or through automated means;
(c) operator assistance service, to enable a subscriber to
obtain assistance, including accessing services, setting
up calls, remedying faults and directory services; and
Exemption of
specific
persons,
activities, etc. Obligations
of persons
undertaking
exempt
activities
Reserved
services
Provision of
essential
services

Exemption of
specific
persons,
activities, etc. Obligations
of persons
undertaking
exempt
activities
Reserved
services
Provision of
essential
services

136 No. 15 of 20091 Information and Communication
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Change of
control of
licensee
(d) such other services as the Minister may determine, in
consultation with the Authority. Essential electronic communications services shall be
provided in accordance with the terms and conditions of the
applicable licence. The following essential electronic communications services
shall be provided free of charge:
emergency service;
operator assistance for remedying faults; and
(c) directory assistance services. 24. (1) A licensee shall, in the prescribed manner and form,
notify the Authority of any direct or indirect changes to its
shareholding. (2) A licensee shall obtain the Authority's prior written consent
for
(a) any transfer of shares which would result in the direct
or indirect ownership of more than twenty-five per
centum of the issued voting share capital of the licensee;
or
any change in the ownership of the licensee's issued
voting share capital that results in a change in the
composition of one quarter of the licensee's board of
directors. Necessity for 25.

ensee's issued
voting share capital that results in a change in the
composition of one quarter of the licensee's board of
directors. Necessity for 25.

Nothing in this Part shall be construed as permitting a
scarce licensee to commence its activities contrary to any provision of
resources this Act relating to the requirement to obtain rights of use for scarce
assignment resources in accordance with Part VI. Register 26. (1) The Authority shall keep and maintain a Register under
this Act, in which the Authority shall enter
the names and other details relating to the licences;
information relating to applications rejected by the
Authority and the reasons therefor; or
(c) any other information that the Authority considers
necessary for purposes of this Act. (2) The Register referred to in sub section (1), shall be kept at
such places as the Authority may determine, and shall be open to
inspection by the public at such times and on such conditions,
including the payment of fees for inspection, as may be determined
by the Authority. (b)

nspection by the public at such times and on such conditions,
including the payment of fees for inspection, as may be determined
by the Authority. (b)

Information and Communication [No. 15 of 2009 137
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PART IV
LICENCING OF RADIOCOMMUNICATION SERVICES
27. (1) This Part applies to radiocommunications. In this Part, licensee " means a holder of a licence under
this Part. Application of
Part
The provisions of this Part and of the Convention shall not
apply to the Zambia Police Force or the Defence Force except in
so far as they relate to—
the establishment of transmitting stations and the erection
of radio station apparatus at permanent sites;
the allocation of frequencies by the Authority;
migration from existing frequency bands following
frequency spectrum band re-planning by the Authority;
the approval of the Authority of the mode of transmission
to be used in connection with radio transmitting stations
and the power to be radiated therefrom;
(e) the prevention of harmful interference;
(B distress calls, messages and signals; and
(g) the manner of carrying on radiocommunication services
governed by the provisions of the Convention. (1) Except as otherwise provided under this Part, a person
shall not establish and operate a radio station or provide a
radiocommunication service without a licence.

therwise provided under this Part, a person
shall not establish and operate a radio station or provide a
radiocommunication service without a licence.

(2) A person who contravenes subsection (1) commits an
offence and is liable, upon conviction, to a fine not exceeding five
hundred thousand penalty units or to imprisonment for a period not
exceeding five years, or to both. (1) A person intending to establish and operate a radio Application
station or to provide a radiocommunication service shall apply to for licence
the Authority for a licence in the prescribed manner and form
upon payment of the prescribed fee. The Authority shall. within sixty days of receipt of an
application, grant or reject an application. The Authority shall, where it rejects an application, give
the applicant the reasons for the rejection. Prohibition
of operating
radio station,
etc. without
licence

shall, where it rejects an application, give
the applicant the reasons for the rejection. Prohibition
of operating
radio station,
etc. without
licence

138 No. 15 of 2009] Information and Communication
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(4) The Authority may request for further particulars or
information in relation to an application, and where it does so, the
period referred to in subsection (2) shall commence from the date
of the submission of the additional information. Licence
Conditions
of I icence
30. (1) The Authority shall issue a licence if the application
meets the requirements of this Act. A licence under this section, other than a temporary licence
under subsection (3), authorises the licensee to establish and operate
one or more radio stations at such places as may be specified in
the licence, and to provide a radiocommunication service by means
of the station or stations in accordance with the provisions of this
Act and the conditions of the licence. The Authority may, with or without charge, issue a temporary
licence authorising a person to be in possession of, and to operate,
a radio station in accordance with this Act for a limited period and
on such other conditions as are attached to the licence.

sion of, and to operate,
a radio station in accordance with this Act for a limited period and
on such other conditions as are attached to the licence.

(4) The Authority may issue a declaration, known as a class
assignment, granting a class of persons, subject to certain conditions,
the right to use frequency bands or numbers. 31. (1) A licence shall be subject to such conditions as the
Authority may specify in the licence and to such other conditions
as the Minister may, on the advice of the Authority, prescribe by
statutory instrument. (2) Without limiting the generality of subsection ( I ), the
conditions of a licence may—
specify the site or sites at which any radio station or
radio stations to be operated under the licence are to
be located and regulate the manner of their installation;
specify the kind and class of radio station authorised and
regulate the type and standard of radio station apparatus
to be used in the radio station;
specify the frequency at which transmissions from any
radio station are to be made and the mode of effecting
the transmissions;
require the payment to the Authority of annual or other
periodic licence fees;
(e) require the licensee or any other person concerned in
providing any service authorised by the licence to furnish
to the Authority such documents, accounts, returns,

censee or any other person concerned in
providing any service authorised by the licence to furnish
to the Authority such documents, accounts, returns,

Information and Communication [No. 15 of 2009 139
Technologies
estimates and other information as the Authority
considers necessary for the purposes of this Act;
require the licensee to refer specified matters to the
Authority for determination;
require the licensee to comply with directions given by
the Authority in relation to specified matters;
provide for the settlement of disputes arising in
connection with the terms and conditions of, or
otherwise concerning, the licence; and
require the payment of fines and penalties by the licensee
for breaches of any specified terms and conditions of
the licence. (3) It shall be deemed to be a condition of every licence that
the licensee shall comply with the provisions of the Convention, to
the extent that it applies to the licencsee's activities. A licence remains in force for the period specified in the
licence, unless sooner revoked or suspended. (1) A licensee may, not less than three months before the
expiry of a licence, apply for the renewal of the licence in the
prescribed manner upon payment of the prescribed fee.

ss than three months before the
expiry of a licence, apply for the renewal of the licence in the
prescribed manner upon payment of the prescribed fee.

(2) The Authority may, upon application by a licensee, renew a
licence or a temporary licence on such terms and conditions as it
may determine. A licence shall not be bought, sold, leased, mortgaged or
charged, or in any manner assigned, demised or encumbered. (1) A person may apply to the Authority for a certificate
of competence to operate an amateur radio station in the prescribed
manner upon payment of the prescribed fee. (2) The Authority may issue a certificate of competence to a
person who holds the qualifications and experience, prescribed by
regulation, as necessary for operating an amateur radio station. 36. (1) A person who, without a licence—
operates a radio station of a kind specified in the Second
Schedule or has possession or control of such a radio
station; or
not being a broadcaster, operates a radio station of a
kind other than a kind specified in the Second Schedule,
or has possession or control of such a radio station; or
(c) provides a radiocommunication service;
commits an offence. Duration of
licence
Renewal of
licence
Licences not
transferable
Certificate of
competence to
operate
amateur radio
station
Unauthorised
activities

e. Duration of
licence
Renewal of
licence
Licences not
transferable
Certificate of
competence to
operate
amateur radio
station
Unauthorised
activities

140 No. 15 of 2009i Information and Communication
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A person who, without a certificate of competence, operates
an amateur radio station, or has possession or control of such a
radio station, commits an offence. A person convicted of an offence under this section is liable
to a fine not exceeding three hundred thousand penalty units or to
imprisonment for a term not exceeding three years, or to both. Suspension 37. (1) The Authority may suspend or revoke a licence or
or revocation certificate of competence if the holder thereof is in default. of licence or
certificate (2) For the purposes of this section, a licensee or a person
who holds a certificate of competence is in default if the licensee
or person--
(a) has contravened-
the conditions of the licence or certificate;
any provision of the guidelines issued by the
Authority; or
(Hi) any provision of this Act; or
(b) has been the subject of such complaints by the public as,
in the opinion of the Authority, warrants action under
this section.

ion of this Act; or
(b) has been the subject of such complaints by the public as,
in the opinion of the Authority, warrants action under
this section.

(3) Where a licensee or a holder of a certificate of competence
is in default, the Authority may—
by notice in writing to the holder of the licence or
certificate, suspend the licence or certificate for a period
not exceeding twelve months;
by notice in writing, revoke the licence or certificate; or
(c) refuse to renew the licence or certificate on its expiry. (4) Without limiting the generality of subsection (3), the
Authority may revoke or refuse to renew a licence on the ground
that—
(a) the radio station in respect of which the licence was
issued, or the radio station apparatus used in connection
therewith--
interferes with the operation of a radio station or
the carrying on of any established
radiocommunication or telephone or telegraph
services; or
is likely to interfere with established radio station
apparatus or other equipment, circuits, wires
or the like; or

elephone or telegraph
services; or
is likely to interfere with established radio station
apparatus or other equipment, circuits, wires
or the like; or

Information and Communication [No. 15 of 2009 141
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(b) radiocommunication services established by the Authority
or a licensee after the date of issue of the licence are
available to the licensee and provide an adequate means
of communication for the licensee's purposes. (4) Where a licence is revoked, the person in possession or
control of a radio station to which the licence relates, shall dispose
of the radio station within such period as the Authority may direct. (6) A licence or certificate shall not be cancelled, nor shall its
renewal be refused, without giving the holder thereof a reasonable
opportunity to be heard. 38.

e or certificate shall not be cancelled, nor shall its
renewal be refused, without giving the holder thereof a reasonable
opportunity to be heard. 38.

(1) A person who desires to construct a railway or works
for the supply of light, heat or power by means of electricity shall—
give one month's notice in writing to the Authority of the
intention to commence the construction of the railway
or works and cause a copy of that notice to be published
in the Gazette and in one daily newspaper of general
circulation in Zambia; and
furnish the Authority with a plan of the proposed railway
or works, together with particulars showing the manner
and position in which the railway or works are to be
constructed and operated and any further information
that the Authority may require.

g the manner
and position in which the railway or works are to be
constructed and operated and any further information
that the Authority may require.

(2) Where it appears to the Authority that—
the operation of, or the equipment to be used in connection
with, a railway or works referred to in subsection (1) is
likely to interfere with the operation or maintenance of
a radio station or radio station apparatus or the carrying
on of a licenced radiocommunication service; or
the operation or maintenance of a radio station or radio
station apparatus of a licensee, or a radiocommunication
service carried on by a l icensee, is being interfered with
by the construction or operation of the equipment used
in connection with
a railway or works referred to in subsection (1 );
or
any railway, works or other operations
whatsoever;
the Authority shall, in writing, notify the person constructing or
operating the railway or works, of the action which the person
shall take to remedy or prevent the interference. Notice to be
given of certain
works

r
operating the railway or works, of the action which the person
shall take to remedy or prevent the interference. Notice to be
given of certain
works

142 No. 15 of 2009J Information and Communication
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(3) A person who proceeds with the construction of the
equipment of a railway or works, or continues to operate a railway
or works after the issuance of the notice by the Authority under
subsection (2) without complying with the terms of the notice, shall
be liable—
to a penalty, recoverable by the Authority by action in a
court, of twenty thousand penalty units for each day
that the person fails to comply with the terms of the
notice; and
for any loss or damage caused to the operation or
maintenance of a radio station or radio station apparatus
by that person's failure to comply with the terms of the
notice. (4) Nothing in this section limits or affects the rights or remedies
of any licensee or other person against a person on whom this
section imposes any duty. PART V
ECONOMIC REGULATION
Definition 39. In this Part, " licensee " means a holder of a network licence
or service licence, or both. Relevant 40.

ty. PART V
ECONOMIC REGULATION
Definition 39. In this Part, " licensee " means a holder of a network licence
or service licence, or both. Relevant 40.

(1) The Authority shall, not later than 31st December of
markets and each year, determine and publish in the Gazette a list for the
dominant following calendar year of—
market
players (a) all retail and wholesale electronic communications
markets that the Authority determines warrant the
regulatory control provided for in this Part; and
(b) licensees considered to hold, for each electronic
communications market identified under paragraph (a),
a dominant position. Any determination under subsection (1) shall be the final
decision of the Authority. The Authority shall consider a licensee as holding a dominant
position in the electronic communications market in accordance
with such guidelines as the Authority may issue pursuant to
subsection (4). (4) The Authority shall publish in a daily newspaper of general
circulation in Zambia the guidelines on the definition of an electronic
communications market and of the determination of a licensee
that holds a dominant position in the market.

idelines on the definition of an electronic
communications market and of the determination of a licensee
that holds a dominant position in the market.

Information and Communication [No. 15 of 2009 143
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The Authority shall, in the preparation of a list under
subsection (1), take into account the guidelines referred to under
subsection (4). The Authority may, by notice published in the Gazette, upon
giving notice for a period of thirty days, modify for the remainder
of the relevant calendar year, the list published under sub section
(1). 41. (1) A licensee may, and where solicited in writing by Interconnection
another licensee shall, negotiate, in good faith, for the purposes of
enabling the provision of electronic communications services to
the public, an agreement for interconnection, in respect of electronic
communications networks. A licensee may, where the licensees referred to under
subsection (1) fail to reach agreement within the prescribed period
from the date of receipt of a written request, refer the matter to
the Authority for determination. Where a licensee refers a matter to the Authority under
subsection (2), the Authority shall order the licensees who failed to
reach an agreement to interconnect their electronic communications
networks on such terms and conditions as the Authority may
determine.

who failed to
reach an agreement to interconnect their electronic communications
networks on such terms and conditions as the Authority may
determine.

The Authority may, where the dispute referred to in
subsection (2) is not referred to the Authority within the prescribed
period, determine the dispute. A licensee that, for the calendar year in question holds a
dominant position in an interconnection market in accordance with
this Act, shall for the purpose of providing electronic
communications services to the public, in relation to the
interconnection market —
(a) offer interconnection to other licensees on the terms
specified in a reference interconnection offer-
submitted for the approval of the Authority, within
such period as may be prescribed, from the
date of publication in the Gazette of the
licensee's status as a licensee holding a
dominant position;
subject to such amendments as the Authority
considers appropriate; and
(iii) published, in a format readily accessible to other
licensees, within such period as may be
prescribed from the date of receiving the
approval;

d
(iii) published, in a format readily accessible to other
licensees, within such period as may be
prescribed from the date of receiving the
approval;

144 No. 15 of 2009] Information and Communication
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(b) ensure that the reference interconnection
offer, and its terms and conditions, and
the subsequent provision of
interconnection is fair and non
discriminatory and-
the interconnection fees are cost oriented and
transparent;
the interconnection points are made accessible
on a transparent basis at any technically
feasible point in the network; and
(iii) the terms and conditions determined by the
Authority at the time of the offer are
incorporated within the reference
interconnection offer;
provide interconnection and ancillary information to other
licensees under the same conditions, and of the same
quality, as the licensee provides for the licensee's own
services or those of its subsidiaries, affiliates or
agreements; and
maintain the licensee's accounts in a manner that enables
the Authority to verify the licensee's compliance with
paragraph (b). A licensee shall maintain a separate account for
interconnection and any other business activities sufficiently detailed
to allow the Authority to identify all elements of revenue and costs,
together with the basis of their calculation.

s activities sufficiently detailed
to allow the Authority to identify all elements of revenue and costs,
together with the basis of their calculation.

An interconnection agreement resulting from the signature
of a reference interconnection offer, shall be in writing, in English
and shall not pose an unnecessary risk—
(a) in the event of catastrophic networkbreakdown or in
exceptional cases of force majeure such as extreme
weather, earthquakes, flood, lightning or fire, to the
maintenance of-
an electronic communications network used for
the provision of electronic communications
services to the public; or
an electronic communications service provided
to the public;

ns network used for
the provision of electronic communications
services to the public; or
an electronic communications service provided
to the public;

Information and Communication [No. 15 of 2009 145
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to the integrity of an electronic communications network
used for the provision of electronic communications
services to the public;
to the inter-operability of electronic communications
services; or
(d) to the protection of personal data, the confidentiality of
information processed, transmitted or stored, or the
protection of privacy. An interconnection agreement shall not be implemented
without the prior written approval of the Authority:
Provided that the Authority shall only withhold the approval
where it considers that the interconnection agreement does
not meet the essential requirements
specified in this section. The Authority shall make a decision on an interconnection
agreement within sixty days of the submission of the agreement by
the parties. The Authority shall, where it does not give its approval to
the interconnection agreement, give the reasons for the decision. The parties to an interconnection agreement may, where
the Authority rejects the agreement, re submit a modified version
of the agreement within such period as may be prescribed.

ction agreement may, where
the Authority rejects the agreement, re submit a modified version
of the agreement within such period as may be prescribed.

Where the Authority fails to issue a written decision within
sixty days of receiving an interconnection agreement, the failure to
respond shall be treated as an approval of the interconnection
agreement. Any information obtained by any party to an interconnection
agreement as a result of the negotiation referred to in subsection
(1) and which was, at the time it was obtained—
previously not known to the party obtaining it; and
not publicly available;
shall, for so long as such information remains publicly unavailable,
be used only for the purposes for which it was supplied. 42. The Authority shall maintain a register of all interconnection
agreements, which shall--
Register of
interconnection
agreement

ch it was supplied. 42. The Authority shall maintain a register of all interconnection
agreements, which shall--
Register of
interconnection
agreement

146 No. 15 of 20091 Information and Communication
Technologies
Access
agreements
contain the terms and conditions of each
interconnection agreement; and
be open to public inspection on such terms and conditions
as the Authority may determine. 43. (1) A licensee may, for the purpose of providing electronic
communications services to the public, negotiate in good faith, an
agreement for access to any element of the electronic
communications network elements of the licensee that appear in
the list referred to in section forty-one, and, where requested in
writing by another licensee, shall, for the purpose of enabling the
provision of electronic communications services to the public,
negotiate an agreement for access to the electronic communications
network. Where the parties referred to in subsection (1) fail to reach
agreement within the prescribed period, any party may refer the
matter to the Authority for determination.

referred to in subsection (1) fail to reach
agreement within the prescribed period, any party may refer the
matter to the Authority for determination.

The Authority shall, where a licensee refers a matter to it
under subsection (2), order the licensee to whom a request is
made pursuant to subsection (1), to allow access to that licensee's
electronic communications network, on such terms and conditions
as the Authority may determine. (4) A licensee that, for the calendar year in question, holds a
dominant position in an electronic communications market in
accordance with this Act, shall for the purpose of providing
electronic communications services to the public, in relation to the
electronic communications market, offer access to requesting
licensees—
on reasonable and non discriminatory terms and
conditions, in particular in respect of the price; and
of the same technical quality as the technical quality
provided on the licensee's own electronic
communications network or, for the licensee's own
electronic communications services. (5) An access agreement shall be in writing and shall be filed
with the Authority. The Minister may, by statutory instrument, prescribe
matters and other particulars for inclusion in access agreements. The Authority shall maintain a register of all access
agreements, that-

t, prescribe
matters and other particulars for inclusion in access agreements. The Authority shall maintain a register of all access
agreements, that-

Information and Communication [No. 15 of 2009 147
Technologies
(a) shall, without revealing the terms and conditions of the
agreement, contain-
the names of the parties to the agreement;
a general description of the matters governed by
the agreement; and
(iii) the date of the agreement; and
(b) shall be open to public inspection, on such terms and
conditions as the Authority may determine. 44. (1) A licensee who has the right under this Act to install Co-location
facilities on, over or under public or private land, or to use private
property, shall, where requested in writing by another licensee for
the purpose of providing electronic communications services to
the public, negotiate an agreement for co location with that other
licensee. Where the parties referred to under subsection (1), fail to
reach agreement within the prescribed period, either party may
refer the matter to the Authority for determination. The Authority shall, where a matter is referred to it under
subsection (2), order the parties to undertake co location on such
terms as it may determine.

Authority shall, where a matter is referred to it under
subsection (2), order the parties to undertake co location on such
terms as it may determine.

(4) Notwithstanding subsection (1), a licensee may reject a
request to negotiate an agreement for co-location where—
the space available is insufficient to
accommodate the physical co-location
requested and virtual co location is not
reasonably feasible;
the co-location requested is likely to lead to
harmful interference; or
(c) viable alternatives to co-location are open to
the requesting party and have not been
reasonably explored. (5) A licensee shall make a refusal to negotiate an agreement
for co location in writing and shall set forth clearly and in sufficient
detail the reasons relied upon:
Provided that such refusal shall be approved by the
Authority.

n writing and shall set forth clearly and in sufficient
detail the reasons relied upon:
Provided that such refusal shall be approved by the
Authority.

148 No. 15 of 20091 Information and Communication
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A co-location agreement shall be in writing in the English
language. A co- location agreement shall not be implemented unless
it is filed with the Authority and the consultation process on the
agreement is completed in accordance with the requirements of
this Act. (8) The Authority shall maintain a register of all co-location
agreements that—
(a) shall, without revealing the terms and conditions of the
agreement, contain-
the names of the parties to the agreement;
a general description of the matter governed by
the agreement; and
(iii) the date of the agreement; and
(b) shall be open to public inspection, on such terms and
conditions as the Authority may determine. (9) Any information obtained by either party to a co location
agreement as a result of the negotiation referred to in subsection
(1), and which was, at the time it was obtained—
previously not known to the party obtaining it; and
not publicly available;
shall, where the information remains publicly unavailable, be used
only for the purposes for which it was supplied.

ng it; and
not publicly available;
shall, where the information remains publicly unavailable, be used
only for the purposes for which it was supplied.

(10) A third party resident in, and any public authority having
control over, any area in which co-location is proposed shall —
be informed of the filing with the Authority of any relevant
co location agreement by publication in a daily
newspaper of general circulating in the area at the
expense of the parties to the co-location agreement;
and
be afforded an opportunity to make submissions to the
Authority in respect of the proposed co-location. (11) The Authority shall give consideration to any submissions
it may receive under subsection (10) and may, where it is satisfied
that there is a risk of serious harm to the interests of the public
regarding public safety and quality of life, order the parties not to
undertake the proposed co-location or to modify or cease the
co-location.

public
regarding public safety and quality of life, order the parties not to
undertake the proposed co-location or to modify or cease the
co-location.

Information and Communication [No. 15 of 2009 149
Technologies
Interim
arrangements for
interconnection,
access or co-
location
45. (1) The parties to an agreement shall, where
interconnection, access or co-location is established before the
execution of an interconnection, access or co-location agreement,
within sixty days of the establishment, agree on interim
interconnection, access or co-location charges for a specified period
until the interconnection, access or co-location agreement becomes
effective. Where the parties fail to agree within the sixty day period
referred to under subsection (1), such charges as the Authority
may determine shall apply. Where an interconnection, access or co-location agreement
comes into effect, it shall be deemed to have applied from the date
the interconnection, access or co-location was established. (4) The parties shall, where subsection (3) applies, adjust
retroactively any charges previously agreed or imposed by the
Authority and thereafter effect payments in accordance with the
provisions of the interconnection, access or co-location agreement. 46.

imposed by the
Authority and thereafter effect payments in accordance with the
provisions of the interconnection, access or co-location agreement. 46.

Any requests or refusals for interconnection, access or
co- location shall be made in writing, sent by registered post and
copied to the Authority. 47. (1) Subject to the other provisions of this Act, a licensee
may set and revise tariffs in relation to electronic communications
services. (2) A licensee shall, in setting any tariffs under subsection (1),
observe the following principles:
tariffs shall be transparent and non discriminatory, and
be based on the cost of providing the service;
cross subsidies shall be eliminated; and
(c) tariffs shall not contain discounts that unreasonably
prejudice the competitive opportunities of other licensees
providing electronic communications services to the
public. (3) A licensee shall submit to the Authority for approval, the
tariffs the licensee intends to charge including the justification, prior
to their introduction. (4) The Authority shall approve or reject the proposed tariffs
within thirty days of receipt:
Authority
to be copied
Tariffs for
services to
public

n. (4) The Authority shall approve or reject the proposed tariffs
within thirty days of receipt:
Authority
to be copied
Tariffs for
services to
public

150 No. 15 of 2009] InfOrmation and Communication
Technologies
Provided that the Authority shall, where it rejects any tariffs
proposed by a licensee, give the licensee the reasons for the
rejection. (5) A licensee shall, upon approval of the tariffs by the
Authority
publish the tariffs at the licensee's own expense in at
least two daily news-papers of general circulation in
Zambia at least seven days prior to their introduction;
and
Tariffs for
services
offered by
licencee
holding
dominant
position
provide all its electronic communications services in
accordance with the tariffs approved by the Authority. A licensee shall not alter or vary any tariffs without the
prior written approval of the Authority. The Authority shall maintain a register of approved tariffs
which shall be open for public inspection on such terms and
conditions as the Authority may determine. The Authority may carry out reviews of the tariffs so as to
ensure that the tariffs conform to the provisions of this section.

uthority may determine. The Authority may carry out reviews of the tariffs so as to
ensure that the tariffs conform to the provisions of this section.

A licensee shall, in relation to the electronic communications
services provided to the public, provide detailed billing information
to enable the consumers to verify whether or not they have been
billed correctly. 48. (1) A licensee that holds a dominant position in a retail
electronic communications market shall, in relation to the electronic
communications market—
submit to the Authority for its prior approval, the tariffs
it intends to charge to the public for each electronic
communications service, together with a detailed
justification for the tariffs; and
shall not apply the tariffs until the tariffs are approved
by the Authority in accordance with subsection (2). Subject to subsection (4), the Authority shall issue a written
decision approving or disapproving the tariffs submitted under
subsection (1), together with the reasons for the decision, within
thirty days of the receipt of the submission for approval. The Authority shall base its decision under subsection (2)
on the extent to which the tariffs proposed by a licensee-

of the submission for approval. The Authority shall base its decision under subsection (2)
on the extent to which the tariffs proposed by a licensee-

Information and Communication [No. 15 of 2009 151
Technologies
comply with the principles stipulated under section fifty;
are cost oriented; and
(c) meet such other criteria as the Authority may consider
relevant for purposes of this Act. (4) The Authority may request for additional information from
a licensee and, where it does so, the period referred to under
paragraph (a) of subsection (2) shall commence from the date of
the submission of the additional information. 49. (1) The Authority may forbear from applying to a licensee Forbearance
or a class of licensees, in any or all of the licensees or their
geographic markets, any provision of this Part, where the Authority
considers that
application of the provision is not necessary for the
protection of consumers or the promotion of competition
amongst licensees; and
forbearance from applying the provision is consistent with
the objects of this Act.

f consumers or the promotion of competition
amongst licensees; and
forbearance from applying the provision is consistent with
the objects of this Act.

The Authority shall, where it decides to forbear from
applying any provision, immediately, publish a notice of forbearance
in the Gazette, setting out the details of and the reasons for, the
decision, and inviting interested parties to make submissions in
relation to that decision within a period specified in that notice, but
in any event, not shorter than thirty days from the date of publication
of the notice. The Authority shall, before issuing its final decision take
into account any representation that it receives in accordance
with subsection (2). 50. (1) A holder of an individual licence shall not impose any
tariff or charge for the provision of any service unless the Authority
approves the tariff rates and charges in accordance with the
provisions of this Part. A holder of an individual license shall only provide services
at the tariff rates and charges approved by the Authority. A holder of an individual license shall publish the tariff rates
charged to customers for any service and any variations thereto,
as may be approved by the Authority.

ndividual license shall publish the tariff rates
charged to customers for any service and any variations thereto,
as may be approved by the Authority.

(4) The tariff rates established by a holder of an individual
licence under subsection (1) shall be based on such conditions as
the Authority may determine in accordance with the following
principles:
Approval of
tariffs and
charges of
holders of
individual
licences

nditions as
the Authority may determine in accordance with the following
principles:
Approval of
tariffs and
charges of
holders of
individual
licences

152 No. 15 of 2009] Information and Communication
Technologies
Tariff rates
and
regulations
Penalty for
using
unapproved
tariffs,
charges, etc. tariff rates shall be structured and levels set to attract
investments into the communications industry;
tariff rates shall take into account the regulations and
recommendations of the international conventions to
which Zambia is a party; and
(c) all services shall be priced, rated, billed and denominated
in the local currency of the Republic. 51. (1) The Minister may, by statutory instrument, make
regulations on the determination and publication of tariff rates for
respective services provided by the licensees under this Act. (2) The regulations under subsection (1) may include
rules about the tariff rates and charges and variation of
rates for specified services or classes of services;
rules about the publication or disclosure of tariff rates
for specified or classes of services; or
(c) tariff rate models that may be applicable to specified
licencees or classes of licensees or specified services
or classes of services. 52.

ces; or
(c) tariff rate models that may be applicable to specified
licencees or classes of licensees or specified services
or classes of services. 52.

A licensee who exceeds the tariff rates or charges
approved by the Authority for the provision of any service or who
imposes any unauthorised tariff or charge, commits an offence
and is liable, upon conviction, to a fine not exceeding two million
penalty units. PART VI
TECHNICAL REGULATION
Prohibition 53. A person who uses one or more frequency bands
of using and electronic addresses or numbers without an individual
frequency assignment commits an offence and is liable, upon conviction, to a
bands, etc. fine not exceeding five hundred thousand penalty units or to
without imprisonment for a period not exceeding five years, or to both. assignment
Spectrum 54. (1) The Authority may, by declaration, designate the bands
and of frequency spectrum and numbers to be used for a class
number assignment and that may be used without an assignment
assignment (2) A person intending to undertake an activity covered by a
class assignment shall, prior to undertaking such activity, apply to
the Authority in the prescribed manner and form upon payment of
the prescribed fee.

ass assignment shall, prior to undertaking such activity, apply to
the Authority in the prescribed manner and form upon payment of
the prescribed fee.

Information and Communication [No. 15 of 2009 153
Technologies
(3) The Authority shall, in any case not expressly covered by
the declaration referred to under subsection (1), assign frequency
spectrum and numbers individually—
in accordance with the national frequency and national
numbering plan; and
in a transparent and non discriminatory manner. (4) A person intending to undertake an activity covered by an
individual assignment shall, prior to undertaking the activity, apply
for the assignment in the prescribed manner upon payment of the
prescribed fee. Subject to subsection (7), the Authority shall issue an
individual assignment to an applicant who is financially and
technically capable of meeting the legal obligations and complying
with the terms and conditions of the individual assignment.

who is financially and
technically capable of meeting the legal obligations and complying
with the terms and conditions of the individual assignment.

Where the Authority considers, after having regard to—
the availability of any given frequency band or number,
or block thereof; and
the actual or likely demand for that frequency band or
number, or block thereof; that the frequency band or
number, or block thereof, should be subject to a restricted
granting procedure, the Authority shall not assign that
frequency band or number, or block thereof, except in
accordance with a restricted granting procedure
determined by the Authority in a declaration. The choice of successful applicants by the Authority under
this section shall be based on objective criteria made known in
advance to all the applicants. The Authority shall determine the standard assignment
conditions for individual assignments of frequency or numbers and
the class assignments of frequency or numbers. The Authority may, in respect of an individual assignment
of frequency or numbers, determine the terms and conditions,
including the period of the assignment and the area for which the
assignment is valid. Where applicable, an assignment issued under this section
shall be issued at the same time as an associated electronic
communications license.

valid. Where applicable, an assignment issued under this section
shall be issued at the same time as an associated electronic
communications license.

154 No. 15 of 2009] Information and Communication
Technologies
Numbering
plan
55. (1) The Minister may, in consultation with the Authority,
by statutory instrument, make regulations prescribing a numbering
plan for the efficient use and allocation of numbers and to
accommodate the varied protocols used and services provided by
licensees under this Act. A numbering plan shall consist of a scheme of identification
so as to ensure that electronic communications are correctly and
efficiently directed to the point of reception for which they are
intended. Subject to subsection (8), the Authority shall, in preparing
a numbering plan, take account of existing numbering plans or
schemes. The numbering plan referred to under subsection (1) shall
be non discriminatory. The Authority shall maintain and manage a record of the
status of all number ranges, codes and blocks of numbers comprising
the plan in a central numbering database system.

intain and manage a record of the
status of all number ranges, codes and blocks of numbers comprising
the plan in a central numbering database system.

A holder of an individual licence in respect of a service
licence and a holder of an individual licence in respect of a network
licence, shall submit to the Authority information on all numbers,
including numbers of pre paid subscribers allocated in terms of the
licence. The Authority may amend or update a numbering plan as
the Authority considers necessary and the licensee shall bear the
costs of such amendment or update. (8) Regulations made under subsection (1) shall include
matters relating to
the fees payable by licensees for the allocation of
numbers;
the conditions under which a licensee may be required
to surrender unused numbers to the Authority for re-
allocation;
(c) the allocation of responsibility between holders of service
licences and network licences for the implementation
of the numbering plan and number portability to-
ensure effective functionality;
ensure access and routing within electronic
communications networks; and

the numbering plan and number portability to-
ensure effective functionality;
ensure access and routing within electronic
communications networks; and

Information and Communication [No. 15 of 2009 155
Technologies
(iii) allow licensees to assign numbers to subscribers
in an efficient manner without unreasonable
delay or disruption of service;
(d) the protection of consumers including
disclosure of consumer rights relating to-
numbers; and
the process and procedures to be followed for
resolving subscriber complaints and affording
subscribers remedies in the form of discounts
and credits when a holder of a network licence
or service licence fails to meet the holder's
obligations under this section; and
(e) a framework, including a schedule for transforming the
numbering plan to a non geographic numbering system
taking into account similar non geographic numbering
plans adopted in other jurisdictions and
implementation of electronic numbering, allowing the
inter operation between telephone numbers and the
internet domain name system. (1) Notwithstanding the other provisions of this Part, an
assignment shall not be required under this Part for any activities
listed as exempt in a declaration issued by the Authority.

isions of this Part, an
assignment shall not be required under this Part for any activities
listed as exempt in a declaration issued by the Authority.

(2) The Authority may, by declaration published in the Ga-ette,
exempt a person or class of persons from the requirement to hold
an individual assignment or a class assignment under this Part. Assignment
exemption'
(1) The Minister may, by statutory instrument, and in
consultation with the Authority, determine— Assignment
the one off fees payable for the filing of class assignment fees
registration forms and individual assignment application
forms;
the one off fees payable for the actual assigning of
frequency spectrum, electronic addresses or numbers;
the annual fees payable for the monitoring ofthe licencee's
compliance with the conditions attached to the class or
individual assignment; and
the exemption, from the payment of assignment fees, by
persons engaged in activities declared under section
fifty-six.

s or
individual assignment; and
the exemption, from the payment of assignment fees, by
persons engaged in activities declared under section
fifty-six.

156 No. 15 of 2009] Information and Communication
Technologies
Renewal of
assignment
Modification,
suspension
and
withdrawal
of individual
assignments
(2) Where the Authority applies a restricted granting procedure,
it shall determine the fee payable for the actual assigning of
frequency spectrum, electronic addresses or numbers in accordance
with the declaration issued under section fifty-four. 58. (1) A holder of an individual assignment shall, not less than
thirty days before the expiry of the individual licence, apply for
renewal of the licence in the prescribed manner and form.

ment shall, not less than
thirty days before the expiry of the individual licence, apply for
renewal of the licence in the prescribed manner and form.

(2) The Authority shall, where an application for renewal of
an individual assignment is made under subsection (1), except
where it considers that the frequency band, electronic addresses
or number should be subject to a restricted granting procedure,
renew the individual assignment for such term as the Authority
may determine, where the assignee—
continues to fulfil the eligibility
requirements under this Act;
continues to be financially and technically capable of
meeting the assignee's statutory and regulatory
obligations and the obligations in the individual
assignment; and
(c) has not, during the term of the assignment, committed a
breach of the provisions of the individual assignment. (3) A holder of a class assignment shall, in order to remain
eligible to undertake activities covered by the class assignment,
fourteen days prior to each anniversary of the date on which the
holder filed the application with the Authority, submit an updated
version of the appropriate class assignment registration form.

he date on which the
holder filed the application with the Authority, submit an updated
version of the appropriate class assignment registration form.

(4) A person who does not comply with subsection (3) shall be
de registered by the Authority in respect of the class assignment
and shall immediately cease to undertake any activities authorised
under the class assignment. 59. (1) The Authority may modify the special terms and
conditions of an individual assignment, including the specific
frequency bands, electronic addresses or numbers assigned, and
may suspend or withdraw an individual assignment. (2) The Authority shall not exercise any power referred to
under subsection (1), unless the Authority notifies the holder of
the individual assignment in the prescribed manner and form, giving
the holder the reasons therefor and an opportunity to make
representations on the matter to the Authority.

t in the prescribed manner and form, giving
the holder the reasons therefor and an opportunity to make
representations on the matter to the Authority.

Information and Communication [No. 15 of 2009 157
Technologies
(3) The Authority may exercise the powers conferred under
subsection (1) where—
the holder of an individual assignment fails to make proper
and efficient use of the frequency bands, electronic
addresses or numbers assigned to the holder;
the holder of an individual assignment fails to comply
with the provisions of this Act or the terms and conditions
of the individual assignment;
the holder of an individual assignment contravenes the
provisions of any written law relevant to the individual
assignment;
the holder of an individual assignment fails to comply
with any directive, declaration or other guidelines made
by the Authority;
(e) the holder of an individual assignment has ceased, however
briefly, to fulfil the eligibility requirements under this Act;
or
0 the Authority has reasonable grounds to believe that it is
in the public interest that it exercises the powers.

lity requirements under this Act;
or
0 the Authority has reasonable grounds to believe that it is
in the public interest that it exercises the powers.

(4) The Authority shall, before effecting a modification,
suspension or withdrawal under this section give notice to the
assignee—
stating that it proposes to act in the manner specified in
the notice; and
specifying the time, not being less than thirty days from
the date of service of the notice on the assignee within
which written representation in respect of the proposed
actions may be made. (5) The Authority shall, upon receipt of any representation
referred to in subsection (4), consider the representation and may—
reject the representation;
amend the proposed actions in accordance with the
representation or otherwise; or
(c) direct the assignee to effect, within such time as the
Authority may specify, the proposed actions specified
in the notice or such actions as subsequently amended
by the Authority.

within such time as the
Authority may specify, the proposed actions specified
in the notice or such actions as subsequently amended
by the Authority.

158 No. 15 of 2009] Information and Communication
Technologies
Modification,
suspension
and
withdrawal of
class
assignment
Rights of
transfer of
frequency
band, etc. AcCess to
public land
for provision
of electronic
communications
service
60. (1) The Authority may, upon giving thirty days notice—
promulgate a new class assignment; and
after having solicited and duly considered representations
from the assignees concerned, modify or repeal an
existing class assignment. No compensation is payable for any promulgation,
modification or repeal made pursuant to subsection (1).

odify or repeal an
existing class assignment. No compensation is payable for any promulgation,
modification or repeal made pursuant to subsection (1).

The Authority may, upon giving notice in the prescribed
manner and form, and after giving an assignee an opportunity to
be heard, de register any person subject to a class assignment
where—
the person commits a material breach of the terms and
conditions of the class assignment or fails to comply
with the provisions of this Act or the terms and conditions
of the class assignment;
the person contravenes the provisions of any written law
relevant to the class assignment;
the person fails to comply with any declaration, direction
or other guideline, made by the Authority; or
the person ceases, however briefly, to fulfil the eligibility
requirements of this Act. A person who is de registered under subsection (3) shall
immediately lose all the rights covered by the class assignment. No compensation is payable for any de registration made
under subsection (3). 61.

all
immediately lose all the rights covered by the class assignment. No compensation is payable for any de registration made
under subsection (3). 61.

A person to whom frequency bands, electronic addresses
or numbers have been assigned, shall not transfer the rights to use
such frequency band, electronic addresses or numbers to any third
party, whether for remuneration or otherwise, except with the prior
written consent of the Authority and on such terms and conditions
as the Authority may determine. 62. (1) A holder of a network licence may, for the purposes
of enabling the provision of any electronic communications service
to the public
enter upon any public land and survey the land or any
portion of it; or
enter upon any public land in order to construct, erect,
place, maintain, examine, alter or remove any line, pole
or radio link installation which is, either the property of
the holder of the network licence or is under the control
of the holder:

ve any line, pole
or radio link installation which is, either the property of
the holder of the network licence or is under the control
of the holder:

Information and Communication [No. 15 of 2009 159
Technologies
Provided that the licensee shall not interfere unduly
with the use and enjoyment of the public property. (2) Where a holder of a network licence causes any significant
damage to land or property by reason of the exercise of the powers
conferred under this section, the owner or occupier of the land
may receive compensation for it from the holder of the network
license in accordance with the relevant law. 63.

ion, the owner or occupier of the land
may receive compensation for it from the holder of the network
license in accordance with the relevant law. 63.

(1) Where, for the purpose of the provision of any
electronic communications service to the public, a holder of a
network licence requires to enter upon private land, or to effect
the acquisition of private property or an interest in private property,
and no reasonable alternatives to the entry or acquisition exist, the
holder of the network licence—
shall obtain the consent of the land or property owner to
the entry onto the land or acquisition of the property or
property interest; and
shall provide notice of the proposed entry or acquisition
to the owner of the land or property, and other land or
property owners who could reasonably be expected to
be affected by the proposed entry or acquisition, and
seek their written consent. Where the land or property owner and a holder of a network
licence cannot agree, the holder of a network licence may apply to
the relevant authority having jurisdiction over the private land or
property in order to request that the authority orders the proposed
entry or undertakes the proposed acquisition under the applicable
laws.

te land or
property in order to request that the authority orders the proposed
entry or undertakes the proposed acquisition under the applicable
laws.

Where any significant damage to land or property is caused
by reason of the exercise of the powers conferred by this section,
the owner or occupier of the land may receive compensation for it
from the holder of a network licence in accordance with the
applicable law. 64. (1) The Authority shall be responsible for the establishment
and publication of technical standards relating to all electronic
communications equipment intended to be used in Zambia. (2) In establishing the standards referred to under subsection
(1), the Authority shall—
Access to
private land
and
acquisition of
private
property
Technical
standards for
electronic
communications
apparatus

ction
(1), the Authority shall—
Access to
private land
and
acquisition of
private
property
Technical
standards for
electronic
communications
apparatus

160 No. 15 of 2009] Information and Communication
Technologies
seek submissions from the public, in particular those
persons likely to be most affected by the publication of
the standards; and
take account of any relevant standards prescribed by
international organisations including the Union. An importer or supplier of any electronic equipment shall
register the original equipment manufacturer's identification with
the Authority in the prescribed manner and form upon payment of
the prescribed fee. The Authority may, with the approval of the Minister, appoint
agents to undertake the registration on behalf of the Authority. (5) An importer or supplier of any mobile device shall
register the device's international mobile equipment identification
number with the Authority in the prescribed manner. A person who contravenes subsection (3) or (5) commits
an offence and is liable, upon conviction, to a fine not exceeding
three hundred thousand penalty units or to imprisonment for a period
not exceeding three years, or to both.

, upon conviction, to a fine not exceeding
three hundred thousand penalty units or to imprisonment for a period
not exceeding three years, or to both.

The Minister may, in consultation with the Authority, by
statutory instrument, prescribe the registration fees for the
equipment referred to in subsections (3) and (5). The Authority shall disconnect or disable any device or
electronic equipment or apparatus that is not approved or registered
in accordance with the provisions of this Act. The Minister may, in consultation with the Authority, by
statutory instrument, make regulations for the registration of
electronic equipment including mobile devices and subscriber
identification modules, for the purpose of quality assurance and
tracking of such equipment. (10) Without derogating from subsection (9), regulations may
provide for—
the obligations of licensees;
the identification and disabling of any unregistered
equipment or equipment irregularly obtained or used on
the licensee's network; and
(c) the relevant personal particulars of a person coming on
to the licensee's network.

ent irregularly obtained or used on
the licensee's network; and
(c) the relevant personal particulars of a person coming on
to the licensee's network.

Information and Communication [No. 15 of 2009 161
Technologies
(11) Within ninety days of the commencement of this Act or
such period as the Minister may prescribe—
all importers, suppliers, owners and users of electronic
equipment and apparatus shall register their equipment
and apparatus with the Authority; and
all licensees offering mobile phone services shall register
the phones on their network with the Authority. 65. (1) The Minister may, by statutory instrument, in
consultation with the Authority and the Zambia Bureau of
Standards, prescribe standards for the performance and operation
of any equipment or electronic communications apparatus, including
radiocommunication equipment. (2) The standards referred to under subsection (1) shall aim
at—
protecting the integrity of the electronic communications
network;
ensuring the proper functioning of connected equipment
or electronic communications facilities;
ensuring inter-operability, inter-connectability and
harmonisation;
avoiding harmful interference with the electronic
communications network; and
(e) protecting public safety and health.

nnectability and
harmonisation;
avoiding harmful interference with the electronic
communications network; and
(e) protecting public safety and health.

(3) The regulations made under sub-section (1) may, for the
purposes of this section and without publishing the text of the
technical standard, incorporate any technical standard by reference
to-
the number, title and year of issue of the technical
standard; or
any other particulars by which the particular standard
can be identified. (4) Any technical standard incorporated in the manner referred
to under subsection (3) shall be treated as a regulation to the
extent that the technical standard is not contrary to the regulations. Standards
for
performance
and
operation of
equipment
or electronic
communications
apparatus

the technical standard is not contrary to the regulations. Standards
for
performance
and
operation of
equipment
or electronic
communications
apparatus

162 No. 15 of 2009] Information and Communication
Technologies
Where any technical standard is, at any time after its
incorporation under subsection (3), amended or substituted by a
competent national body, the regulation under which the technical
standard was incorporated shall, unless otherwise stated therein,
be treated as referring to the technical standard as so amended or
substituted, as the case may be. The Authority shall keep the text of each technical standard
incorporated in the regulations under subsection (3) and any
amendment or substitution of the text. Type
approval of
equipment
The text of each incorporated technical standard shall be
open to inspection by the public during the normal office hours of
the Authority. The Authority may, at the request of any person and on
payment of such fee as may be prescribed, furnish the person
with a copy of the text. 66.

rity. The Authority may, at the request of any person and on
payment of such fee as may be prescribed, furnish the person
with a copy of the text. 66.

(1) A person shall not use, supply, sell, offer for sale or
lease or hire any type of electronic communications equipment or
electronic communications apparatus, including radio-
communications equipment, used or to be used in connection with
the provision of electronic communications, unless the equipment,
electronic communications apparatus or radio communications
equipment has, subject to subsection (3), been approved by the
Authority. (2) The Authority shall determine—
the types of equipment, electronic communications
apparatus, including radiocommunication equipment, the
use of which does not require approval, where the
equipment, electronic communications facilities and
radio apparatus has been approved for use by any other
competent standards body and the equipment complies
with type approval standards determined by the
Authority; and
the circumstances • under which the use of equipment,
electronic communications apparatus, including
radiocommunication equipment and subscriber
equipment does not require approval, including uses for
research and development, demonstrations of prototypes
and testing.

n equipment and subscriber
equipment does not require approval, including uses for
research and development, demonstrations of prototypes
and testing.

(3) Subject to applicable procedures and fees, the Authority
shall conduct type approval tests, and issue type approval
certificates, in respect of electronic communications equipment.

es and fees, the Authority
shall conduct type approval tests, and issue type approval
certificates, in respect of electronic communications equipment.

Information and Communication [No. 15 of 2009 163
Technologies
(4) The Authority shall, in conducting type approval of
equipment, comply with the technical standards formulated by the
Authority under this Part. PART VII
CONSUMER AFFAIRS
67. (1) All service providers shall, in respect of their specific
services—
meet such minimum standards of quality of service as
the Authority may specify and publish;
deal reasonably with consumers; and
(c) address consumer complaints;
in accordance with the guidelines issued by the Authority under
this Act. A person who contravenes paragraph (a) of subsection (1)
commits an offence and is liable, upon conviction, to a fine of four
million penalty units and to four hundred thousand penalty units for
each day during which the offence continues. A court may, in addition to any penalty that may be imposed
under subsection (2), revoke the licence of the service provider. 68. (1) The Authority shall establish guidelines for the making,
receipt and handling of complaints of consumers regarding the
provision of services regulated under this Act.

all establish guidelines for the making,
receipt and handling of complaints of consumers regarding the
provision of services regulated under this Act.

The guidelines issued under subsection (1) shall be binding
on licensees and persons exempt from holding licences under this
Act. The guidelines issued by the Authority under subsection
(1) may include procedures for—
meeting consumer needs and requirements;
the handling of consumer complaints and disputes,
including an inexpensive arbitration process, other than
resolution of matters in the courts;
the compensation of consumers in the event of a breach
of the Code of Conduct;
the protection of consumer information;
(e) the provision of information to consumers regarding
services, rates and performance;
Quality of
service
Guidelines for
handling
complaints

mation;
(e) the provision of information to consumers regarding
services, rates and performance;
Quality of
service
Guidelines for
handling
complaints

164 No. 15 of 2009] Information and Communication
Technologies
the provisioning and fault repair of services;
the advertising or representation of services;
consumer charging, billing, collection and credit practices;
and
any other matter relating to the provision of services under
this Act. (4) The Authority may resolve any complaints from consumers
in relation to matters of service provision and consumer protection
including the quality of service or the failure by a licensee to comply
with consumer protection guidelines issued by the Authority under
this Act. Code of
Conduct for
licensees
69. (1) The Authority shall prepare a code of conduct for
licensees and persons exempt from holding licenses under this
Act.

of
Conduct for
licensees
69. (1) The Authority shall prepare a code of conduct for
licensees and persons exempt from holding licenses under this
Act.

(2) The code of conduct referred to under subsection (1) shall
include the following:
the provision of information to consumers
regarding services, rates and performance;
the provisioning and fault repair of services;
the advertising or representation of services;
the provision of, and access to, network
services by persons with disabilities;
(e) consumer charging, billing, collection and credit
practices; and
0 any other matter relating to the provision of
services under this Act. (3) The Authority shall publish the code of conduct in a daily
newspaper of general circulation in Zambia for public information. (4) The code of conduct referred to in this section shall be
effective from the date of its publication under subsection (3).

for public information. (4) The code of conduct referred to in this section shall be
effective from the date of its publication under subsection (3).

Information and Communication [No. 15 of 2009 165
Technologies
PART VIII
UNIVERSAL ACCESS AND SERVICE
70. (1) There is hereby established the Universal Access and
Service Fund which shall be used for the financing of universal
access and service. The Authority shall determine a system to promote the
widespread availability and usage of electronic communications
networks and services throughout Zambia by encouraging the
installation of electronic communications networks and the provision
of electronic communications services in un-served or under-served
areas and communities. A determination by the Authority under subsection (1) shall
include definitions of 'un-served areas', "under-served areas" and
"under-served communities", and in determining such definitions,
the Authority shall have regard to—
the level of competition in particular areas or places;
the availability of services in particular areas or places;
the availability of services to any group;
the commercial viability of installation of electronic
communications networks or providing electronic
communications services in particular areas or places;
and
(e) any barriers to the use of available services.

cations networks or providing electronic
communications services in particular areas or places;
and
(e) any barriers to the use of available services.

(4) The Minister may, on the recommendation of the Authority,
make regulations on universal access or service, which regulations
may include—
the nature and status of the Fund;
the sources of funding and the manner in which the Fund
will be paid;
the internal organisation of the Fund and its relation with
other entities;
the activities that the Fund shall finance and the manner
in which such financing shall occur;
(e) the annual contributions payable by any licensee to the
Fund, that shall not exceed the amount prescribed by
the Minister, in consultation with the Authority; and
Universal
Access and
Service Fund

ee to the
Fund, that shall not exceed the amount prescribed by
the Minister, in consultation with the Authority; and
Universal
Access and
Service Fund

166 No. 15 of 2009] Information and Communication
Technologies
Administration
and
management
of Fund
Annual
report
(f) any other matter necessary for the efficient operation,
administration and management of the Fund. 71. (1) The Fund shall be managed and administered by a Fund
Manager appointed the Authority. The Fund shall become operational not later than six months
after the coming into force of this Act. The Fund Manager shall each year publish details of the
activities of the Fund within three months of the end of the financial
year of the Authority. (4) The Minister shall cause an annual statement of the income
and expenditure of the Fund to be prepared and laid before the
National Assembly. 72. The Authority shall publish in the print and electronic media
within three months of the end of each financial year, details of
the contributions to, and allocations from the Fund. PART IX
Appeals
Appeals
Tribunal
DISPUTES, REVIEWS AND APPEALS
(1) A person who is aggrieved with any decision of the
Authority may appeal to the Tribunal within thirty days of such
decision.

, REVIEWS AND APPEALS
(1) A person who is aggrieved with any decision of the
Authority may appeal to the Tribunal within thirty days of such
decision.

(2) A person who is aggrieved with the decision of the Tribunal
may appeal to the I ligh Court within thirty days of the Tribunal's
decision. (1) Subject to subsection (2), the Minister shall for the
purpose of hearing and determining an appeal under this Act, appoint
a Tribunal consisting of three members of whom—
one member, who shall be the Chairperson, shall be a
legal practitioner of not less than ten years legal
experience; and
two other members who shall be experts, with not less
than five years experience and knowledge, in matters
relevant to this Act. (2) The Minister shall not appoint the Tribunal unless the
appellant deposits with the Minister such sum, as the Minister
considers will be sufficient to pay the costs, including the allowances
payable to the members of the Tribunal, likely to be incurred in
connection with the appeal.

be sufficient to pay the costs, including the allowances
payable to the members of the Tribunal, likely to be incurred in
connection with the appeal.

Information and Communication [No. 15 of 2009 167
Technologies
The powers, rights and privileges of the Tribunal shall be
the same as those conferred upon commissioners by the Inquiries
Act, and the provisions of that Act shall apply in relation to the Cap. 41
hearing and determination of an appeal by the Tribunal under this
section and to a person summoned to give evidence before the
Tribunal. The Minister shall, on the determination of an appeal,
refund to the appellant the sum deposited by the appellant under
subsection (2) less the amount of the costs, if any, payable by
the appellant under subsection (5). If an appeal is dismissed, the Tribunal may order the
appellant to pay to the Authority the costs incurred by the Authority
in connection with the appeal. If an appeal is allowed, the Tribunal may order the
Authority to pay to the appellant the costs incurred by the appellant
in connection with the appeal. (7) The Tribunal shall, within fourteen days of determining an
appeal, inform the appellant and the Authority in writing of its
decision and the reasons therefor. 75.

shall, within fourteen days of determining an
appeal, inform the appellant and the Authority in writing of its
decision and the reasons therefor. 75.

(1) The provisions of this section shall apply— Licensee
disputes
where there is a dispute between licensees as to the
implementation, interpretation or performance of their
obligations under this Act or any agreement between
the licensees; and
subject to any terms agreed to by the licensees in the
relevant agreement. The licensees shall attempt in good faith to resolve their
disputes in accordance with the dispute resolution provisions that
are provided for in the respective agreements. Where the licensees are unable to resolve any dispute in
accordance with subsection (2), they may agree to mediation,
arbitration, or seek relief from a court of competent jurisdiction. (4) Where the licensees are unable to resolve any dispute in
accordance with subsection (2) or are unable to agree on whether
to mediate, arbitrate or litigate in accordance with subsection (3),
they, or any one of them, may refer the dispute to the Authority for
determination.

mediate, arbitrate or litigate in accordance with subsection (3),
they, or any one of them, may refer the dispute to the Authority for
determination.

168 No. 15 of 2009] Information and Communication
Technologies
Act No. 19
of 2000
(5) Where the licensees are unable to resolve a dispute in
accordance with subsection (2) or are unable to agree on whether
to mediate, arbitrate or litigate in accordance with subsection (3)
and such matter is referred to the Authority for resolution, the
Authority shall investigate the dispute and within thirty days of
the filing of the dispute, determine as to -
whether the parties have fulfilled their obligations under
subsection (2); and
ifthe parties have fulfilled their obligations, whether the
dispute will be heard by the Authority. (6) The Authority shall determine a dispute provided for in
subsection (5) in accordance with the dispute resolution procedures
stipulated in the guidelines issued by the Authority. (7) Arbitration under this section shall be done in accordance
with the Arbitration Act, 2000. PART X
ENFORCEMENT AND OFFENCES
Telecommunication
officers
76.

itration under this section shall be done in accordance
with the Arbitration Act, 2000. PART X
ENFORCEMENT AND OFFENCES
Telecommunication
officers
76.

(1) In order to ensure compliance with the provisions of
this Act and the terms and conditions of any licence or assignment,
the Authority shall carry out inspections and may appoint such
telecommunications officers as may be necessary for that purpose. A telecommunications officer shall be provided with a
certificate of appointment which shall be prima facie evidence of
the telecommunications officer's appointment as such. Any telecommunications officer or police officer carrying
out any functions under this Act shall on demand by any person
who is affected by the telecommunications officer's exercise of
power, produce for inspection the certificate referred to in
subsection (2). A telecommunications officer shall have the power, on
production ofthe certificate of appointment issued under subsection
(2), to demand the production of, and to inspect or make copies of
a licence or assignment issued under this Act, or any agreement
concluded, or accounts kept, pursuant to the provisions of this
Act.

or make copies of
a licence or assignment issued under this Act, or any agreement
concluded, or accounts kept, pursuant to the provisions of this
Act.

A telecommunications officer may, upon probable cause
shown on oath to a magistrate court, obtain a warrant to enter
upon and search or examine the premises prescribed in the
warrant in order to ascertain whether any offence is being or has

obtain a warrant to enter
upon and search or examine the premises prescribed in the
warrant in order to ascertain whether any offence is being or has

Information and Communication [No. 15 of 2009 169
Technologies
been committed in such premises and shall have the power to make
such examination, inspection and inquiry and do such things as the
telecommunications officer may consider necessary for ascertaining
whether or not the provisions of this Act are being complied with. Where a telecommunications officer or police officer, as
the case may be, is satisfied that a person does not have a valid
licence or assignment or is falsely holding out as a holder of a valid
licence or assignment, the telecommunications officer or police
officer may serve on that person a notice in the prescribed form. All books, records and documents required to be kept by a
licensee shall be open to inspection at all reasonable times by a
telecommunications officer or police officer, as the case may be.

ed to be kept by a
licensee shall be open to inspection at all reasonable times by a
telecommunications officer or police officer, as the case may be.

A telecommunications officer or police officer may seize—
(a) any electronic communications apparatus which
the telecommunications officer or police officer has
reasonable cause to believe is being used by, or is in the
possession of, or under the control of, a person in
contravention of this Act; and
(b) any book, record or document which the
telecommunications officer or police officer has
reasonable cause to suspect will afford evidence of the
commission of an offence under this Act. A telecommunications officer may order a person to
cease using, pending inquiry by the Authority, any electronic
communications apparatus which in the telecommunications
officer's opinion, is being operated otherwise than in accordance
with this Act or the terms and conditions of a licence. (10) A person who obstructs or hinders a telecommunications
officer or police officer in the exercise of any powers under this
Act or who neglects or fails to comply with an order commits an
offence and is liable, upon conviction, to a fine not exceeding one
hundred thousand penalty units or to imprisonment for a period not
exceeding one year, or to both. 77.

e, upon conviction, to a fine not exceeding one
hundred thousand penalty units or to imprisonment for a period not
exceeding one year, or to both. 77.

(1) A person who wilfully removes, destroys or damages
any installation, software, hardware or plant used for electronic
communications services commits an offence and is liable, upon
conviction, to imprisonment for a term not less than fifteen years,
but not exceeding twenty years. Security of
electronic
communications
installation or
plant

n, to imprisonment for a term not less than fifteen years,
but not exceeding twenty years. Security of
electronic
communications
installation or
plant

170 No.

170 No.

15 of 2009] Information and Communication
Technologies
(2) A person who and without lawful authority
causes an electronic communications network or service
to perform any function for the purpose of securing
access to any program or data held in that electronic
communications network or electronic communications
service or any other electronic communications network
or electronic communications service;
causes an electronic communications network or service
to perform any function for the purpose of securing
access to any program or data held in that electronic
communications network or electronic communications
service or any other electronic communications network
or electronic communications service with intent to
commit or facilitate the commission of an offence
involving property, fraud, dishonesty or which causes
bodily harm;
does a direct or indirect act which the person knows will
cause unauthorised modification of any program or data
held in an electronic communications network or
electronic communications service or any other
electronic communications network or electronic
communications service;
secures access to an electronic communications network
or electronic communications service, or obstructs or
intercepts or causes to be intercepted directly or
indirectly any function of an electronic communications
network or electronic communications service;
discloses any password, access code or other means of
gaining access to any electronic communications
network or electronic communications service; or
with requisite knowledge and intent engages in conduct
which causes an electronic communications network
or electronic communications service to cease to
function permanently or temporarily;
commits an offence and is liable, upon conviction, to a fine not
exceeding two million penalty units or to imprisonment for a period
not exceeding fifteen years, or to both.

is liable, upon conviction, to a fine not
exceeding two million penalty units or to imprisonment for a period
not exceeding fifteen years, or to both.

(3) A person who removes, destroys or damages, whether
wilfully, negligently, accidentally or otherwise, the installation or
plant used for electronic communications services shall, in addition
to any penalty for which the person is liable for an offence under
this Act, be liable to pay compensation for the damage done and
the compensation shall be recoverable by civil action or suit before
any court of competent jurisdiction.

to pay compensation for the damage done and
the compensation shall be recoverable by civil action or suit before
any court of competent jurisdiction.

Information and Communication [No. 15 of 2009 171
Technologies
A person who contravenes or fails to comply with a
provision of this Act 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 hundred thousand penalty units or to
imprisonment for a period not exceeding two years, or to both. (1) A person who contravenes or fails to comply with
a provision of a guideline or decision issued by the Authority under
this Act, commits an offence and is liable, upon conviction, for
each such breach, to a fine not exceeding seventy thousand penalty
units or to imprisonment for a period not exceeding six months, or
to both, and forty thousand penalty units for each day of continued
default. (2) Any person who contravenes or fails to comply with any
term or condition of an individual licence or assignment commits
an offence and is liable, upon conviction, to a fine not exceeding
seventy thousand' penalty units for each such breach, and in default,
a payment of forty thousand penalty units for each day of continued
default.

ing
seventy thousand' penalty units for each such breach, and in default,
a payment of forty thousand penalty units for each day of continued
default.

General
penalty
Failure to
comply with
guidelines,
terms or
conditions of
licence, etc
A person who interferes with the programming of a mobile Interference
telephone handset, including modifying its International Mobile with
Equipment Identification Number, commits an offence and is liable, programming
of mobile
upon conviction, to a fine not exceeding one hundred thousand device
penalty units or to imprisonment for a period not exceeding one
year, or to both. (1) A person employed in connection with Unauthorised
radiocommunication service who— disclosure of
radiocommu-
unlawfully discloses the contents or existence of any nication
radiocommunication message that is not of a public message
character; or
makes use, for that person's own purposes, of any
knowledge that the person acquires, in the course of
that person's duties, of the contents of a
radiocommunication message;
commits an offence and is liable, upon conviction, to a fine not
exceeding three hundred thousand penalty units or to imprisonment
for a term not exceeding three years, or to both. (2) A person who reproduces or divulges the contents or
substance of a radiocommunication transmission not intended to

eeding three years, or to both. (2) A person who reproduces or divulges the contents or
substance of a radiocommunication transmission not intended to

172 No. 15 of 2009] Information and Communication
Technologies
be received by that person, whether received voluntarily or
involuntarily, to another person or uses it for any purpose
whatsoever commits an offence and is liable, upon conviction, to a
fine not exceeding three hundred thousand penalty units or to
imprisonment for a term not exceeding three years, or to both. (3) For the purposes of subsection (1), disclosure is lawful only
if it is compellable under any law or given for purposes of the
administration of justice. Furnishing 82. A person who
of false
infoimation (a) fails or refuses to furnish a return or to supply information
etc.

the
administration of justice. Furnishing 82. A person who
of false
infoimation (a) fails or refuses to furnish a return or to supply information
etc.

in the manner and in the time prescribed under this Act
or furnishes a false or misleading return;
fails or refuses, without reasonable cause, to give
information to, or gives false or misleading information
to, a telecommunications officer or a police officer in
response to a requirement under this Act; and
for the purpose of obtaining, whether for that person or
any other person, the issue of a licence or certificate
under this Act, makes a declaration or statement which
the person knows to be false in any material particular
or does not believe to be true or knowingly makes use
of a declaration, statement or document containing the
same;
commits an offence and is liable, upon conviction, to a fine not
exceeding three hundred thousand penalty units or to imprisonment
for a term not exceeding three years, or to both. Unauthorised 83. A person who—
interference
with (a) without the permission of the licensee or a
apparatus, telecommunications officer having authority to grant
etc.

. A person who—
interference
with (a) without the permission of the licensee or a
apparatus, telecommunications officer having authority to grant
etc.

such permission, enters any part of a licensed radio
station which is not open to members of the public; or
(b) interferes with, hinders or impedes in any way the
establishment, erection, alteration, maintenance or
inspection of a radio station or radio station apparatus;
commits an offence and is liable, upon conviction, to a fine not
exceeding two hundred thousand penalty units or to imprisonment
for a term not exceeding two years, or to both.

liable, upon conviction, to a fine not
exceeding two hundred thousand penalty units or to imprisonment
for a term not exceeding two years, or to both.

Information and Communication [No. 15 of 2009 173
Technologies
(2) A person who contravenes paragraph (a) of subsection (1)
and who fails to leave a radio station immediately on being required
to do so by the person in charge of the station, or by a
telecommunications officer, may be removed by the person in
charge or a telecommunications officer, and a police officer shall,
on being requested to do so by the person in charge or by a
telecommunications officer, remove or assist in the removal of the
person. On the conviction of a person for an offence involving the
unlawful possession or use of a radio station or any radio station
apparatus, the court convicting fthe accused person may, on the
application of the prosecutor and in addition to any penalty which it
may impose, order the forfeiture to the State of the radio station or
apparatus in connection with, or by means of which, the offence
was committed, unless it is proved to the satisfaction of the court
that the radio station or apparatus is not the property of the accused
person and that the owner was unable to prevent its unlawful use
by the accused person when the offence was committed.

not the property of the accused
person and that the owner was unable to prevent its unlawful use
by the accused person when the offence was committed.

A person who uses any electronic communications
apparatus, radio apparatus or radio station for the purposes of an
offence against public order or against morality, contrary to the
provisions of the Penal Code, commits an offence and is liable,
upon conviction, to the penalties provided for those offences in
that Act. A person who abets the commission of any offence
punishable under this Act, or attempts to commit any offence so
punishable, shall, on conviction, be liable to the penalty provided
for that offence.

punishable under this Act, or attempts to commit any offence so
punishable, shall, on conviction, be liable to the penalty provided
for that offence.

Where an offence under this Act is committed by a body
corporate or an unincorporate body, a person who at the time of
the commission of the offence was a director, manager, secretary
or other similar officer of the body corporate or unincorporate body
or was purporting to act in such capacity shall, as well as such
body corporate or unincorporate body, be deemed to have
committed that offence unless the person proves that the offence
was committed without that person's consent or connivance and
that the person exercised all due diligence to prevent the commission
of the offence as the person ought to have exercised, having regard
to the nature of that person's functions in that capacity and to all
the circumstances. Forfeiture of
equipment
Use of
equipment in
commission
of offence
Cap. 87
Penalty for
abetting or
attempting to
commit
offences
Offences by
body
corporate or
unincorporate
body

e of
equipment in
commission
of offence
Cap. 87
Penalty for
abetting or
attempting to
commit
offences
Offences by
body
corporate or
unincorporate
body

174 No. 15 of 2009] Information and Communication
Technologies
88. Where the Authority is satisfied, after an investigation, or
where any person admits that the person has committed an offence
under this Act, the Director-General may compound the offence
by collecting from that person such sum of money as the Director-
General considers appropriate, but not exceeding fifty percent of
the maximum amount of the fine to which that person would have
been liable on conviction, and no person having made such payment
shall be thereafter prosecuted in relation to the offence so
compounded. Offences 89. An offence under this Act shall be deemed to be a
cognizable cognizable offence for the purposes of the Criminal Procedure
Cap.88 Code. PART XI
GENERAL PROVISIONS
Power of
Director-
General to
compound
certain
offences
Information to
be furnished to
Authority
Regulations
Repeal of
Cap. 469
and cup. 169
(1) The Authority may request any licensee to furnish
within such period as the Authority may determine such documents
and other information as the Authority may require for the better
carrying out of its functions under this Act.

Authority may determine such documents
and other information as the Authority may require for the better
carrying out of its functions under this Act.

(2) A person who fails to furnish information in accordance
with subsection (1) commits an offence and is liable, upon
conviction; to a fine not exceeding eighty thousand penalty units or
to imprisonment for a period not exceeding three months, or to
both. (1) The Minister may, by statutory instrument, make
regulations for or with respect to any matter which by this Act is
required or permitted to be prescribed or which is necessary or
expedient to be prescribed for carrying out or giving effect to the
provisions of this Act. (2) The Minister may, by statutory instrument, amend the
Schedules to this Act. 92. The Telecommunications Act,1994 and the Radio
Communications Act, 1994 are hereby repealed.

statutory instrument, amend the
Schedules to this Act. 92. The Telecommunications Act,1994 and the Radio
Communications Act, 1994 are hereby repealed.

Information and Communication [No. 15 of 2009 175
Technologies
FIRST SCHEDULE
(Section 4)
ADMINISTRATION OF AUTHORITY
PART I
THE BOARD OF THE AUTHORITY
1. (1) There is hereby constituted the Board of the Authority
which shall be the governing body ofthe Authority and shall exercise
and perform the powers and functions of the Authority. (2) The Board shall consist of the following nine members
appointed by the Minister:
one representative each from the Ministries responsible
for information and communications technology and
home affairs;
one member from an agency responsible for national
security;
a representative of the Attorney General;
one person nominated by the National Farmers Union;
one person nominated by the Zambia Consumers
Protection Association;
one person nominated by the Law Association of Zambia;
one person nominated by the Engineering Institution of
Zambia;
one person nominated by a trade union representing staff
employed by the Company; and
(i) one other person appointed by the Minister.

ution of
Zambia;
one person nominated by a trade union representing staff
employed by the Company; and
(i) one other person appointed by the Minister.

(3) TheMinister shall, on receiving the names of the proposed
representatives under subsection (2), consider the nominations and
may reject any nomination:
Provided that where the Minister rejects any prosed
representative, the Minister shall direct the .organisation or
institution which proposed the representative to avail the
Minister with the name of another representative. The Director General of the Authority shall be an ex-officio
member of the Board and the Secretary to the board. A person shall not be nominated or appointed as a member
of the Board if that person—
has been convicted of an offence under any law;
is a Member of Parliament or an officer or employee of
a local authority;
is an office bearer or employee of a political party;
has a direct or indirect financial interest in the sector; or
(e) is an immediate family member of a person referred to
in paragraphs (c) and (d). (6) The Minister shall appoint the Chairperson and the Vice-
Chairperson from among the members. Board of
Authority

rred to
in paragraphs (c) and (d). (6) The Minister shall appoint the Chairperson and the Vice-
Chairperson from among the members. Board of
Authority

176 No. 15 of 20091 Information and Communication
Technologies
Seal of
Authorth
Tenure of office
and vacancy
2. (1) The seal of the Authority shall be such device as may
be determined by the Authority and shall be kept by the Secretary. The affixing of the seal shall be authenticated by the
Chairperson or the Vice-Chairperson and the Secretary or one
other person authorised in that behalf by a resolution of the Board. Any contract or instrument which, if entered into or
executed by a person not being a body corporate, would not be
required to be under seal, may be entered into or executed without
seal on behalf of the Authority by the Secretary or any other person
generally or specifically authorised by the Board in that behalf. (4) Any document purporting to be a document under the seal
ofthe Authority or issued on behalf ofthe Authority shall be received
in evidence and shall be executed or issued, as the case may be,
without any further proof, unless the contrary is proved. 3. (1) Subject to the other provisions of this Act, a member of
the Board shall hold office for a period of three years from the
date of appointment and may be re-appointed for a further like
period.

t, a member of
the Board shall hold office for a period of three years from the
date of appointment and may be re-appointed for a further like
period.

Subject to the other provisions of this Part, a member shall,
on the expiration of the period for which the member is appointed,
continue to hold office until another member is appointed to succeed
that member. The office of a member becomes vacant—
upon the member's death;
if the member is adjudged bankrupt;
if the member is absent from three consecutive meetings
of the Board of which the member has had notice,
without the prior approval of the Board;
upon the expiry of one month's notice of the member's
intention to resign from office, given by the member in
writing to the Board;
if the member becomes mentally or physically incapable
of performing the duties of a member of the Board;
if the member is renamed by the Minister;
if the member ceases to be a member of the organisation
which nominated the member; or
if the member is convicted of an offence under this Act
or any other law. A member may resign from office by giving not less than
one month's notice in writing to the Minister. The Minister shall, where the office of a member becomes
vacant, appoint another member in place of the member who
vacates office, and such member shall hold office for the remainder
of the term.

ber becomes
vacant, appoint another member in place of the member who
vacates office, and such member shall hold office for the remainder
of the term.

Information and Communication [No. 15 of 2009 177
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4. (1) Subject to the other provisions of this Act, the Board Proceedings of
may regulate its own procedure. Board
The Board shall meet for the transaction of business, at
least once in every, three months at such places and times as the
Board may determine. Upon giving notice of not less than fourteen days, a meeting
of the Board may be. called by the Chairperson and shall be called
by the chairperson if not less than one third of the members so
request in writing:
Provided that if the urgency of any particular matter does
not permit the giving of such notice, a special meeting may
be called upon a shorter notice given by three members of
the Board. The quorum at a meeting of the Board shall be five. There shall preside at any meeting of the Board—
the Chairperson:
in the absence of the Chairperson, the Vice-Chairperson;
and
(c) in the absence of both the Chairperson and the Vice-
Chairperson, such member as the members present
may elect from amongst themselves for the purpose of
that meeting.

both the Chairperson and the Vice-
Chairperson, such member as the members present
may elect from amongst themselves for the purpose of
that meeting.

A decision of the Board on any question shall be by a
majority of votes of the members present and voting at the meeting
and, in the event of an equality of votes, the person presiding at the
meeting shall have, in addition to a deliberative vote, a casting vote. Where a member is for any reason unable to attend any
meeting of the Board, the member may, in writing, nominate another
person from the same organisation to attend such meeting in that
member's stead and such person shall be deemed to be a member
for the purpose of that meeting. The Board may invite any person whose presence is in its
opinion desirable to attend and to participate in the deliberations of
a meeting of the Board but such person shall have no vote. The validity of any proceedings, act or decision ofthe Board
shall not be affected by any vacancy in the membership of the
Board or by any defect in the appointment of any member or by
reason that any person not entitled to do so, took part in the
proceedings. (10) The Board shall cause minutes to he kept of the
proceedings of every meeting of the Board and every meeting of
any committee established by the Board. 5.

Board shall cause minutes to he kept of the
proceedings of every meeting of the Board and every meeting of
any committee established by the Board. 5.

(1) The Board may, for the purpose of performing its
functions under this Act, constitute any committee and delegate to
any such committee such of its functions as it thinks fit. The Board may appoint as members of a committee
constituted under sub-paragraph (1), persons who are or are not
members of the Board and such persons shall hold office for such
period as the Board may determine. A committee of the Board may regulate its own procedure. 6. There shall be paid to members of the Board or any
committee of the Board such allowances as the Board may, with
the approval of the Minister, determine. Committees of
Board
Allowances of
members

r any
committee of the Board such allowances as the Board may, with
the approval of the Minister, determine. Committees of
Board
Allowances of
members

178 No. 15 of 20091 Information and Communication
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Disclosure of
interest
Director-
General and
other staff
7. (1) If a member or person is present at a meeting of the
Board or a committee of the Board at which any matter, in which
that person or any member of the person's immediate family, is
directly or indirectly interested in a private capacity, is the subject
of consideration, that person or member shall, as soon as is
practicable after the commencement of the meeting, disclose that
interest and shall not, take part in any consideration or discussion
of, or vote on any question relating to, that matter. (2) A disclosure of interest made under this paragraph shall
be recorded in the minutes of the meeting at which it is made. 8. (1) The Board shall appoint a suitably qualified and
experienced person as Director-General of the Authority who shall
be the chief executive officer of the Board and who, subject to
the general or special direction of the Board, shall be responsible
for the carrying out of the provisions of this Act, and shall be
responsible for the administration of the Act.

ion of the Board, shall be responsible
for the carrying out of the provisions of this Act, and shall be
responsible for the administration of the Act.

The Board shall, with the approval of the Minister,
determine the terms and conditions of service of the Director-
General. The Board may appoint, on such terms and conditions as
the Board may determine, with the approval of the Minister, such
iother staff as it considers necessary for the performance of its
functions under this Act
Prohibition of 9. (1) A person shall not, without the consent in writing given
publication by or on behalf of the Board, publish or disclose to any unauthorised
of, or person, otherwise than in the course of duties of that person, the
disclosure of contents of any document, communication or information
information to whatsoever, which relates to or which has come to the knowledge
of that person in the course of that person's duties under this Act. unauthorised
persons (2) A person who contravenes sub-paragraph (1) commits an
offence and is liable, upon conviction, to a tine not exceeding two
hundred thousand penalty units or to imprisonment for a term not
exceeding two years, or to both.

liable, upon conviction, to a tine not exceeding two
hundred thousand penalty units or to imprisonment for a term not
exceeding two years, or to both.

(3) A person who, having any information which to the
knowledge , of that person has been published or disclosed in
contravention of sub-paragraph (1 ), unlawfully publishes or
communicates the information to any other person, commits an
offence and is liable, upon conviction, to afine not exceeding two
hundred thousand penalty units or to imprisonment for a term not
exceeding two years, or to both. 10. An action or otherproceeding shall . not lie or be instituted
against a member of the Board or a committee of the Board, or a
member of staff of the Authority, for or in respect of any act or
thing done or omitted to be done in good faith in the exercise or
terfOrmance, or purported exercise or rnerformance, of any of
he powers, functions or duties conferred under this Act. PART II
FINANCIAL PROVISIONS
Funds of 1. (1) The funds of the Authority shall consist of such moneys
Authority as may—
be appropriated to the Authority by Parliament for the
purposes of the Authority;
be paid to the Authority by way of fees, loans, grants or
donations; and
(c) otherwise vest in or accrue to the Authority. Immunity of
members and
staff of
Board

the Authority by way of fees, loans, grants or
donations; and
(c) otherwise vest in or accrue to the Authority. Immunity of
members and
staff of
Board

Information and Communication [No. 15 of 2009 179
Technologies
(2) The Authority may—
subject to the approval of the Minister, accept moneys
by way of grants or donations from any source within
or outside Zambia;
subject to the approval of the Minister, raise by way of
loans or otherwise, such moneys as it may require for
the discharge of its functions; and
(c) charge and collect fees for services provided by the
Authority. (3) There shall be paid from the funds of the Authority—
salaries, allowances, loans, gratuities and pensions of the
staff of the .Authority and other payments for the
recruitment and retention of the staff;
such reasonable travelling, subsistence and other
allowances for members of the Board or any committee
of the Board when engaged on the business of the
Authority at such rates as the Board may, with the
approval of the Minister, determine; and
(c) any other expenses incurred by the Board in the
performance of the Board's functions under this Act. (4) The Board may. with the approval of the Minister, invest in
such manner as it considers appropriate such funds of the Authority
as it does not immediately require for the discharge of its functions.

, invest in
such manner as it considers appropriate such funds of the Authority
as it does not immediately require for the discharge of its functions.

The financial year of the Authority shall be the period of Financial year
twelve months ending on 31st March of each year. (1) The Authority shall cause to be kept proper books of Accounts
account and other records relating to its accounts. The accounts of the Authority shall be audited annually by
independent auditors appointed by the Authority with the approval
of the Auditor- General. The auditor's fees shall be paid by the--
4. (1) As soon as practicable. but not later than ninety days Annual
after the end of the financial year, the Authority shall submit to the
Minister a report concerning its activities during the financial year. report
(2) The report referred to in subparagraph (1), shall include
information on the financial affairs of the Authority and there shall
be appended to the report—
an audited balance sheet;
an audited statement of income and expenditure; and
(c) such other information as the Minister may require. (3) The Minister shall, not later that seven days after the first
sitting of the National Assembly next after receipt of the report
referred to in subparagraph (1), lay the report before the National
Assembly.

first
sitting of the National Assembly next after receipt of the report
referred to in subparagraph (1), lay the report before the National
Assembly.

180 No.

180 No.

15 of 20091 Information and Communication
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SECOND SCHEDULE
(Sections 2 and 36)
CLASSIFICATION OF RADIO STATIONS
" aeronautical station " means a radio station used for the purpose
of carry ing on a radiocommunication service with and for the
abenefif of
" aircraft station means a radio station which is automated or
continuously subject to human control which is installed in an
aircraft;
" amateur station " means a radio station worked by a person
interested in the technique of radiocornmunications solely with
a personal aim and without pecuniary interest;
" base station means a radio station established on land and used
for the purpose of carrying a radiocommunication service with
mobile stations;
" coast station means a radio station established on land and used
for the purpose of carrying on a radiocommunication service
with and for the benefit of ship stations;
"fixed station means a radio station used for the purpose of carrying
on radiocommunication service between specified points;
" meteorological aick station means a radio station used for the
purposetransmittin special signals intended solely for
meteorological
transmitting
cal and hydrological observations and exploration;
mobile station means a radio station capable of use whilst in
motion or durin g halts at unspecified points, but does not include
an aircraft or ship station;
" model control station means a station used for the purpose of
controlling models;
" press station " means a radio receiving station used for the purpose
of receiving news broadcast from recognised press agencies;
" private experimental station means a radio station utilising
Hertzian waves in experiments with a view to the development
of the science and technique of radiocommunication, but does
not include an amateur station;
"radio control station means a radio station used for the purpose
of controlling mechanism or other apparatus which is not installed
in a model;
" rad iolocation station means a radio station used for the purpose
of—
determining the relative direction, position or motion of
an object; or
the detection of an object by means of the constant
velocity or rectilinear propagation characteristics of
Hertzian waves;
" ship station " means a radio station installed in a vessel which is
not permanently moored;
" special service station means a radio receiving station used
exclusively for the purposes of receiving time signals notices to
navigators, epidemiological and medical-advice and like services
of general utility; and
" standard frequency station means a radio transmitting station
used for the purpose of transmitting standard and specified
frequencies of known high accuracy intended for general
reception.

io transmitting station
used for the purpose of transmitting standard and specified
frequencies of known high accuracy intended for general
reception.

Information and Communication [No. 15 of 2009 181
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THIRD SCHEDULE
(Section 4)
TRANSITIONAL PROVISIONS
1. (1) Subject to the provisions ofthis section, all licences issued
under the repealed Acts shall remain in force in accordance with
the terms and conditions of such licences. The Authority shall, not later than sixty days from the
commencement of this Act, publish or cause to be published in the
print and electronic media, the standard terms and conditions for
individual, class, network and service licences. As soon as reasonably practicable, but not later than six
months from the commencement of this Act, the Authority shall
issue one or more licences and, where applicable, one or more
assignments, to any person who, at the commencement of this
Act, holds a valid licence issued under the repealed Acts.

, where applicable, one or more
assignments, to any person who, at the commencement of this
Act, holds a valid licence issued under the repealed Acts.

(4) The terms and conditions of any licence or assignment
issued by the Authority shall—
include the terms and conditions published pursuant to
subsection (2);
be of the same duration as the unexpired portion of the
previous licence;
contain fee payment obligations no less favourable than
those provided for in the previous licence; and
not derogate from the allocations and rights to radio
frequency or numbers provided for in the previous
licence. (5) At a date six months from the commencement date of this
Act, licences issued under the repealed Acts, shall cease to be
valid and enforceable and the licence holder shall not have any
right to compensation in this regard. 2. The Board of the Authority appointed under the repealed
Acts shall continue in operation for a period of three months from
the commencement ofthis Act after which the Minister shall appoint
new members in accordance with the provisions of this Act. Licensee
migration
Cap. 469
Cap. 169
Cap. 469
Cap. 169
Cap. 469
Cap. 169
Continuation
of Board
Cap. 469
Cap. 169
3.

e with the provisions of this Act. Licensee
migration
Cap. 469
Cap. 169
Cap. 469
Cap. 169
Cap. 469
Cap. 169
Continuation
of Board
Cap. 469
Cap. 169
3.

(1) For the avoidance of doubt, a person who, before the Staff of
commencement of this Act, was an officer or employee of the Authority
Authority, shall continue to be an officer or employee of the
Authority, as the case may be, as if appointed or employed under
this Act. The service of the persons referred to, in subparagraph
(1) shall be treated as continuous service. Nothing in this Act, affects the rights and liabilities of any
person employed or appointed by the Authority before the
commencement of this Act.

ice. Nothing in this Act, affects the rights and liabilities of any
person employed or appointed by the Authority before the
commencement of this Act.

182 No. 15 of 2009] Information and Communication
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Transfer of 4. (1) On or after the commencement of this Act, there shall
assets and be transferred to, vest in and subsist against the Authority by virtue
liabilities of this Act and without further assurance, all assets, rights and
obligations which immediately before that date were the assets,
rights, liabilities and obligations of the Communications Authority.

ssets, rights and
obligations which immediately before that date were the assets,
rights, liabilities and obligations of the Communications Authority.

(2) Subject to subparagraph (1), every deed, bond and
agreement, other than an agreement for personnel service, to which
the Communications Authority was a party immediately before
the commencement of this Act whether or not of such a nature
that rights, liabilities and obligations could be assigned, shall, unless
its subject matter or terms make it impossible that it should have
effect as modified, as provided under this paragraph, have effect
as if—
the Authority had been party to it;
for any reference to the Communications Authority there
was substituted, with respect to anything falling to be
done on or after the commencement of this Act, a
reference to the Authority; or
(c) for any reference to any officer of the Communications
Authority, not being a party to it and beneficially
interested, there were substituted, as respects anything
falling to be done on or after the commencement of this
Act, a reference to such officer of the Authority as the
Authority shall designate.

s anything
falling to be done on or after the commencement of this
Act, a reference to such officer of the Authority as the
Authority shall designate.

(3) Where under this Act, any assets, rights, liabilities and
obligations of the Communications Authority are deemed to be
transferred to the Authority in respect of which transfer a written
law provides for registration, the Authority shall make an application
in writing to the appropriate registration authority for registration
of the transfer. (4) The registration authority, referred to in subparagraph (1),
shall make such entries in the appropriate register as shall give
effect to the transfer and, where applicable, issue to the transferee
concerned a certificate of title in respect of the property or make
necessary amendments to the register and shall endorse the deeds
relating to the title, right or obligation concerned and no registration
fees or other duties shall be payable in respect of the transaction. Legal 5. (1) Any legal proceedings or application of the
proceedings Communications Authority pending immediately before the
commencement of this Act by or against the Communications
Authority may be continued by or against the Authority.

ority pending immediately before the
commencement of this Act by or against the Communications
Authority may be continued by or against the Authority.

(2) After the commencement of this Act, proceedings in
respect of any right, liability or obligation which was vested in,
held, enjoyed, incurred or suffered by the Communications
Authority, may be instituted by or against the Authority.