The Information and Communication Technologies (Amendment) Act 2010

Information and Communication [No. 3 of 2010 9
Technologies (Amendment)
GOVERNMENT OF ZAMBIA
ACT
No. 3 of 2010
Date of Assent: 12th April, 2010
An Act to amend the Information and Communication
Technologies Act, 2009. [16th April, 2010
ENACTED by the Parliament of Zambia. Enactment
This Act may be cited as the Information and Communication Short title
Technologies (Amendment) Act, 2010, and shall be read as one
with the Information and Communication Technologies Act, 2009, Act No. 15 of
in this Act referred to as the principal Act. 2009
The principal Act is amended by the repeal of section forty- Repeal and
three and the substitution therefor of the following: replacement
of section 43
43. (1) A licensee shall, where the licensee requires access Access
to any element of the electronic communications network of agreements
another licensee for the purpose of providing electronic
communications services to the public, negotiate with the
licensee in good faith, an agreement for access to any element
of the electronic communications network ofthe other licensee,
that appear in the list referred to in subsection (5).

eement for access to any element
of the electronic communications network ofthe other licensee,
that appear in the list referred to in subsection (5).

(2) A licensee may reject an agreement for access to an element
of the electronic communications network of the licensee where—
the access is not reasonably feasible;
the access requested by the other licensee is likely to lead
to harmful interference;
(c) viable alternatives to access are open to the other licensee
and have not been reasonably explored; or
Single copies of this Act may be obtained from the Government Printer,
P.O. Box 30136, 10101 Lusaka. Prince K3,000

ve not been reasonably explored; or
Single copies of this Act may be obtained from the Government Printer,
P.O. Box 30136, 10101 Lusaka. Prince K3,000

10 No. 3 of 2010] Information and Communication
Technologies (Amendment)
(d) the licensees do not appear in the same category of licence
issued by the Authority for the purpose of such access. A licensee shall, where the licensee refuses to negotiate an
agreement for access, inform the licensee requesting the access and
the Authority, in writing, and give the reasons therefor:
Provided that such refusal shall not take effect unless it is
approved by the Authority. An access agreement shall be in writing and shall be filed
with the Authority. (5) The Authority shall determine a list of electronic
communications network elements including—
local loops, sub-loops and associated electronic
communications network elements for accessing
subscribers and provisioning of services;
electronic communications network elements connected
to international electronic communications network
elements such as submarine cables and satellite earth
stations; and
(c) any other electronic communications network elements in
relation to which a licensee may allow access or negotiate
an agreement for access under this section.

r electronic communications network elements in
relation to which a licensee may allow access or negotiate
an agreement for access under this section.

(6) The Authority shall review the list in subsection (5) at least
once every twelve months and, where market conditions warrant,
make modifications to the list. Where the licensees fail to reach an agreement under
subsection (1), any licensee may refer the matter to the Authority
for determination. Except where the licensees fail to reach an agreement under
subsection (1) on any ground specified in subsection (2), the
Authority shall, where a licensee refers a matter to it under subsection
(7), order the other licensee to allow access to that licensee's
electronic communications network, on such terms and conditions
as the Authority may determine. 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. 3 of 2010 11
Technologies (Amendment)
(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. 3. The principal Act is amended by the repeal of section forty-
seven and the substitution therefor of the following new section:
47. (1) Subject to the other provisions of this Act, a
licensee may set and revise tariffs in relation to electronic
communications services. A licensee shall, in setting any tariffs under subsection (1),
ensure that the tariffs are transparent and non discriminatory, and
are based on costs not greater than the cost of providing the service. A licensee shall submit to the Authority, in the prescribed
manner and form, the tariffs the licensee intends to charge, including
the justification, prior to the introduction of the tariffs. The Authority shall, within fourteen days of the receipt of
the tariffs proposed by a licensee, approve or reject the tariffs.

duction of the tariffs. The Authority shall, within fourteen days of the receipt of
the tariffs proposed by a licensee, approve or reject the tariffs.

Where a licensee applies for the approval of tariffs under
subsection (3) and the approval is not granted within fourteen days
of the submission of the application, the approval shall be deemed
to have been granted. The Authority shall reject the tariffs proposed by a licensee
if the tariffs are in contravention of subsection (2). The Authority shall, where it rejects the tariffs proposed by
a licensee, inform the licensee in writing of the reasons therefor
within seven days of the Authority's decision. The Authority may request for additional information from
a licensee and, where it does so, the period referred to under
subsection (4) shall commence from the date of submission of the
additional information. A licensee shall, upon approval of the new tariffs by the
Authority—
Repeal and
replacement
of section 47
Tariffs for
services to
public

information. A licensee shall, upon approval of the new tariffs by the
Authority—
Repeal and
replacement
of section 47
Tariffs for
services to
public

12 No. 3 of 2010] Information and Communication
Technologies (Amendment)
Repeal and
replacement
of section 48
publish the tariffs at the licensee's own expense
in at least two daily newspapers of general
circulation in Zambia at least seven days
immediately following their introduction; and
provide its electronic communications services in
accordance with the published tariffs. (10) A licensee shall not alter or vary tariffs without the prior
written approval of the Authority. (I I) 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. 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. 4. The principal Act is amended by the repeal of section forty-
eight and the substitution therefor of the following new section:
Tariffs for
services
offered by
licensee
holding
dominant
position
48.

ection forty-
eight and the substitution therefor of the following new section:
Tariffs for
services
offered by
licensee
holding
dominant
position
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,
in the prescribed manner and form, the tariffs the licensee
intends to charge, including the justification, prior to the
introduction of the tariffs. The Authority shall, within fourteen days of the receipt
of the tariffs proposed by a licensee, approve or reject the
tariffs. The Authority shall reject the tariffs proposed by a
licensee if the tariffs are in contravention of the principles
outlined in subsection (2) of section forty-seven. The Authority shall, where it rejects the tariffs
proposed by a licensee, inform the licensee in writing of
the reasons therefor within seven days of the Authority's
decision. The Authority may request for additional information
from a licensee and, where it does so, the period referred to
under subsection (2) shall commence from the date of
submission of the additional information.

licensee and, where it does so, the period referred to
under subsection (2) shall commence from the date of
submission of the additional information.

Information and Communication No. 3 of 2010 13
Technologies (Amendment)
(6) TheAuthority shall base its decision under subsection
(2) on the extent to which the tariffs proposed by the
licensee—
comply with the principles outlined in subsection (4) of
section fifty;
are cost oriented; and
(c) meet such criteria as the Authority may consider relevant
for purposes of this Act.

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