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INFORMATION AND COMMUNICATION TECHNOLOGIES ACT: INDEX TO SUBSIDIARY LEGISLATION

Telecommunications (Resale of Service) Regulations

Radio Communications (Frequencies) Regulations

Radio Communications (Licence Fees) Regulations

Information and Communication Technologies (Reserved Services) Order

Radio Communications (Allocation of Frequencies) (Revocation) Order

Information and Communication Technologies (National Numbering Plan) Regulations

Information and Communication Technologies (Electronic Communications) (Licensing) Regulations

Information and Communication Technologies (Type Approval) Regulations

Information and Communication Technologies (Registration of Electronic Communication Apparatus) Regulations

Information and Communication Technologies (Universal Access) Regulations

Information and Communication Technologies (Access) Regulations

Information and Communications Technologies (Telecommunication Traffic Monitoring) Regulations

Information and Communication Technologies (Allocation of 3G Frequencies) (Revocation) Order

Information and Communication Technologies (Allocation of 2G Frequencies) (Revocation) Order

Information and Communication Technologies (Fees) Regulations

Information and Communication Technologies (Tariffs) Regulations

TELECOMMUNICATIONS (RESALE OF SERVICE) REGULATIONS

[Section 22]

[RETAINED AS PER SECTION 15 OF THE INTERPRETATION AND GENERAL PROVISIONS ACT]

Arrangement of Regulations

    Regulation

    1.    Title

    2.    Interpretation

    3.    Application

    4.    Fee

    5.    Offence

        SCHEDULE

SI 129 of 1994.

[Regulations by the Minister]

1.    Title

These Regulations may be cited as the Telecommunications (Resale of Service) Regulations.

2.    Interpretation

In these Regulations, unless the context otherwise requires—

"customer" means the proprietor of an institution referred to under regulation 3.

3.    Application

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

4.    Fee

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

5.    Offence

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

SCHEDULE

[Regulations 4 and 5]

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

Charge = Rate + (Rate x 0.25)

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

RADIO COMMUNICATIONS (FREQUENCIES) REGULATIONS

[Section 20]

Arrangement of Regulations

    Regulation

    1.    Title

    2.    Interpretation

    3.    Conditions for licence

    4.    Allocation of frequencies

    5.    Limitation of frequencies

    6.    Rational, efficient and economic use of frequencies

    7.    Frequency economy

    8.    Frequency usage fee

    9.    Radio communication equipment

    10.    Licensee not to use unallocated or unassigned frequencies

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

    12.    Non-disclosure of radiocommunication

    13.    Restrictions on test, trial, etc.

    14.    Safe operation of station or network

    15.    Safety of radiocommunication installations, etc.

    16.    Control of interference to radiocommunication

    17.    Interference by medical equipment

    18.    Revocation of licence

SI 28 of 2003.

1.    Title

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

2.    Interpretation

In these Regulations, unless the context otherwise requires—

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

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

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

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

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

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

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

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

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

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

3.    Conditions for licence

A licence shall comply with the following condition—

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

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

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

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

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

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

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

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

4.    Allocation of frequencies

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

5.    Limitation of frequencies

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

    (2) Where the Minister allocates or assigns frequencies—

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

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

6.    Rational, efficient and economic use of frequencies

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

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

7.    Frequency economy

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

8.    Frequency usage fee

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

    (a)    re-usability of the frequency;

    (b)    area of coverage involved ; and

    (c)    period of use of the frequency.

9.    Radio communication equipment

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

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

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

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

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

    (a)    contain such information;

    (b)    be kept in such form; and

    (c)    be submitted to the Authority at such intervals;

as the Authority may require.

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

10.    Licensee not to use unallocated or unassigned frequencies

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

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

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

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

    (2) A person shall not transmit any message—

    (a)    containing indecent, obscene or offensive language;

    (b)    for an improper or illegal purpose;

    (c)    which interferes with the operation of any network or licensed station; or

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

12.    Non-disclosure of radiocommunication

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

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

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

13.    Restrictions on test, trial, etc.

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

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

14.    Safe operation of station or network

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

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

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

15.    Safety of radiocommunication installations, etc.

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

16.    Control of interference to radiocommunication

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

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

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

    (b)    modify or alter the equipment installation;

    (c)    disconnect the equipment; or

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

    (3) The Authority may require any action required to be taken under sub-regulation (2), to be effected within such period as the Authority may determine, having regard to the circumstances of each case.

    (4) Where the owner, licensee or user fails to comply with the directions issued by the authority under sub-regulation (2) or (3), the authority may, notice in writing, pursuant to section 17 of the Act direct the owner licensee or user to cease using the radio station or radio or other equipment pending inquiry.

17.    Interference by medical equipment

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

18.    Revocation of licence

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

RADIO COMMUNICATIONS (LICENCE FEES) REGULATIONS

[Sections 6, 7 and 20]

Arrangement of Regulations

    Regulation

    1.    Title

    2.    Application

    3.    Licence fee

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

        FIRST SCHEDULE

        SECOND SCHEDULE

SI 3 of 2008.

1.    Title

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

2.    Application

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

3.    Licence fee

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

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

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

FIRST SCHEDULE

[Regulation 3]

RADIOCOMMUNICATION LICENCE FEES

PART I
ANNUAL FEE

Type of Station

Fee Units

1.

Citizen Band

166

2.

Disk Licence

139

3.

Cordless Telephone up to 200MTS

208

4.

Amateur

347

5.

Aircraft

697

6.

Maritime Coast Station

417

7

Maritime Ship Station

278

8.

Aeronautical (Commercial)

1389

9.

Cross Boarder

556

10.

Paging Receiver

167

11.

Aeronautical (non-Commercial)

417

12.

Repairs’ (non-Commercial)

1,389

13.

Base/Mobile Station on frequencies above 20 MHZ

347

14.

Fixed HF Exclusive frequency

694

15.

Fixed HF Shared frequency

483

16.

VHF Extra Frequency

138

17.

Broadcasting TV

27,778

18.

Broadcasting FM

13,889

19.

Broadcasting MW

13,889

20.

Broadcasting SW

13,889

21.

Application Processing Fee

206

22.

HF Extra Frequency Exclusive

206

23.

HF Extra Frequency Shared

167

24.

Paging (Commercial)

2,778

25.

Paging Basic Transmitter (non-commercial)

347

26

Satellite news gathering (SNG) per year

19,875

27.

Duplicate Licence

111

28.

Novice Amateur Licence

139

29.

Radio Model Licence

139

30.

Licence to Possess

111

31.

Satellite News Gathering –SKY

3,975

32.

Radio Telephone Operators Restricted Certificate (Land)

139

33.

Radio Telephone Operators Restricted Certificate (Maritime)

139

34.

Standard Frequency

139

35.

Radio Location

278

36.

Common Carrier Microwave Stations per transmitter

1,389

37.

Paging Alarm Transmitter

208

38.

Paging Base Transmitter (Commercial)

694

39.

Satellite Earth Station (commercial)

13,250

40.

Satellite Earth Station (non-commercial)

6,625

41.

Community Repeater

2,778

42.

GSM Spectrum per channel of 200KHz

23,889

43.

Other spectrum fee

As specified in the Second Schedule

PART II
INSPECTION FEES

Category

Fee Units (per inspection)

1. Installations

278

2. Equipment repairs workshop

278

3. installations and Equipment repairs Workshop

278

Notes:

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

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

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

SECOND SCHEDULE

[Regulation 3]

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

13S =F*B (MHz) *p * ä

Where

Sf–stands for spectrum fee;

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

B(MHz)–stands for the total assigned bandwidth in Mega Hertz;

P–stands for the re-use factor; and

14ästands for the sharing factor; and where–

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

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

Notes:

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

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

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

INFORMATION AND COMMUNICATION TECHNOLOGIES (RESERVED SERVICES) ORDER

[Sections 22 and 91]

Arrangement of Paragraphs

    Paragraph

    1.    Title

    2.    Interpretation

    3.    Declaration of reserved services

        SCHEDULE

SI 111 of 2009.

1.    Title

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

2.    Interpretation

In this Order, unless the context otherwise requires—

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

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

3.    Declaration of reserved services

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

SCHEDULE

[Paragraph 3]

Type of Service

Period Reserved

1.    The provision of mobile cellular service

Five years from the date of publication of this Order

2.    The provision of public switched telecommunications services

Five years from the date of publication of this Order

RADIO COMMUNICATIONS (ALLOCATION OF FREQUENCIES) (REVOCATION) ORDER

[Section 91]

Arrangement of Paragraphs

    Paragraph

    1.    Title

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

SI 24 of 2010.

1.    Title

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

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

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

INFORMATION AND COMMUNICATION TECHNOLOGIES (NATIONAL NUMBERING PLAN) REGULATIONS

[Section 55]

Arrangement of Regulations

    Regulation

PART I
PRELIMINARY

    1.    Title

    2.    Interpretation

    3.    Application

PART II
NATIONAL NUMBERING PLAN

    4.    Administration of numbering resources

    5.    Application for assignment

    6.    Consideration of application for assignment of numbers

    7.    Assignment of numbers

    8.    Terms and conditions for use of assignment

    9.    Reservation of numbering resources

    10.    Notification by resources user

    11.    Withdrawal of numbers

    12.    Annual numbering return

    13.    Publication of annual on numbering report

    14.    Maintenance of telephone directory by resource user

    15.    Designation of short codes

    16.    Carrier identification codes

    17.    Prescribed Fees

        FIRST SCHEDULE

        SECOND SCHEDULE

Act 15 of 2009,

SI 29 of 2010.

PART I
PRELIMINARY

1.    Title

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

2.    Interpretation

In these Regulations, unless the context otherwise requires—

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

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

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

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

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

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

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

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

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

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

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

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

3.    Application

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

PART II
NATIONAL NUMBERING PLAN

4.    Administration of numbering resource

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

5.    Application for assignment

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

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

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

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

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

6.    Consideration of application for assignment of numbers

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

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

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

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

7.    Assignment of numbers

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

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

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

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

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

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

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

8.    Terms and conditions for use of primary assignment

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

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

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

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

9.    Reservation of numbering resources

    (1) The Authority may reserve numbering resources where—

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

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

    (c)    the reason for the application should not be divulged prior to an application for the allocation;

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

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

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

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

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

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

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

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

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

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

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

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

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

10.    Notification by resource user

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

11.    Withdrawal of numbers

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

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

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

    (c)    the public interest so requires.

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

12.    Annual numbering return

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

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

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

13.    Publication of annual numbering report

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

    (a)    the numbering resources allocated by the Authority;

    (b)    the recipients of the numbering resources;

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

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

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

14.    Maintenance of telephone directory by resource user

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

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

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

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

PART III
SHORT CORDS AND OTHER NUMBERS

15.    Designation of short codes

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

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

16.    Carrier identification codes

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

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

    (a)    violate the National Numbering Plan;

    (b)    not be consistent with these Regulations;

    (c)    unduly erode, or lead to under-utilisation of the numbering resources;

    (d)    cause interference; or

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

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

17.    Prescribed fee

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

FIRST SCHEDULE

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

(LOGO)

(To be completed in triplicate)

FORM 1

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

THE ZAMBIA INFORMATION AND COMMUNICATION TECHNOLOGY AUTHORITY

INFORMATION AND COMMUNICATION TECHNOLOGIES ACT

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

APPLICATION FOR NUMBER ASSIGNMENT/RESERVATION/CARRIER IDENTIFICATION CORD

() 1 () individual or

Shaded fields for official use only

Licence code

( ) class licence (Tick as appropriate)

Date/Time

Information Required

Information Provided

1.    Type of Service

2.    Application Type
(Tick as appropriate)
Reservation only*

[ ] Allocation [ ] De-allocation [ ] Reservation

[] Commercially Sensitive*

[ ] Commercially non-sensitive*

[ ] Carrier Identification code

3.    (a) Name(s) of Applicant(s)

    (b) Type of Applicant

Individual

Company

Partnership

4.    (a)    Nationality

    (b)    Identity Card

(National Registration Card No. or Passport No.) – Attach certified copies

5.    (a)    Notification address

Tel:

Fax:

E-mail

    (b)    Information of contact person authorised to represent the applicant

Tel:

Fax:

E-mail

6    (a) Company name

    (b)    Company address

    (c)    Company registration No. (Attach certified copies of certificate of registration)

    (d)    Shareholders

Shareholder

Shares held

Nationality

NRC/ Passport No.

(e) Directors

Director

Address

Shares held

Nationality

NRC/ Passport No.

(f) Partners

7. Previously held numbers in Zambia, if any, by applicant issued under the information and Communication Technologies Act, 2009

Number
(Type and Number Range)
(a)
(b)
(c)
(d)
(e)
(f)

8. Currently held numbers in Zambia, if any, by applicant issued under the information and Communication Technologies Act, 2009

Number (Type and Number Range)

From

To

Inclusive (Tick as applicable)

(a)
(b)
(c)
(d)

(a)
(b)
(c)
(d)

[]
[]
[]
[]

9. Currently held numbers in Zambia, if any, by subsidiary under the Information and Communication Technologies Act, 2009

Number (Type and Number Range)

From

To

Inclusive (Tick as applicable)

(a)
(b)
(c)
(d)

(a)
(b)
(c)
(d)

[]
[]
[]
[]

10

Have you ever applied for a number assignment in Zambia?
If yes, please give details below

Number Assignment applied for (Tick as applicable

Geographic

Non-geographic

Special

Premium

Other

11

Details of Numbers requested

Number Assignment applied for (Tick as applicable

Geographic

Non-geographic

Special

Premium

Other

(b) Brief description

        (c) Date required

        (d) Range of numbers requested

12

1>st> Choice

To

Inclusive

2>nd> Choice

To

Inclusive

3>rd> Choice

To

Inclusive

Appendices*

Appendix No. 1 Details of commercially sensitive information to enable Authority to make an assessment on the merits.

Appendix No. 2 Detailed description of intended use

Appendix No. 3 Investment certificate issued by the Zambia Development Agency, where applicable.

Appendix No. 4 Such other information which the Authority may require.

*The information required to be included in the various appendices

Note:

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

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

DECLARATION

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

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

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

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

…………………………………… ……………………………

Applicant’s name Date

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

Applicant’s signature

FOR OFFICIAL USE ONLY

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

Officer

Date Received:……………………………..

Amount Received:………………………….

Serial No. of application:…………………..

STAMP

(LOGO)

FORM II

[Regulation 5(4)]

THE ZAMBIA INFORMATION AND COMMUNICATION TECHNOLOGY AUTHORITY

INFORMATION AND COMMUNICATION TECHNOLOGIES ACT

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

REQUEST FOR FURTHER PARTICULARS

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

(2) Here insert type of application

(3) Here insert reference No. of application.

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

(LOGO)

FORM III

[Regulation 6(2)]

THE ZAMBIA INFORMATION AND COMMUNICATION TECHNOLOGY AUTHORITY

INFORMATION AND COMMUNICATION TECHNOLOGIES ACT

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

NOTICE OF REJECTION/PARTIAL GRANT OF APPLICATION

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

………………………………………………………………………………………………

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

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

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

    (c)    ………………………………………………………………………………………

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

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

…………………………………………

Director-General

*Delete as applicable.

(LOGO)

FORM IV

[Regulation 7(7)]

THE ZAMBIA INFORMATION AND COMMUNICATION TECHNOLOGY AUTHORITY

INFORMATION AND COMMUNICATION TECHNOLOGIES ACT

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

ALLOCATION CERTIFICATE

CERTIFICATE No…………..

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

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

Numbers

Assigned (Tick

as applicable)

Geographic

Non-

geographic

Special

Premium

Other

Type and Number range

From
(a)

(b)

(c)

(d)

To

(a)

(b)

(c)

(d)

Inclusive (tick as applicable)

[]

[]

[]

[]

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

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

……………………………………….

Director-General

ENDORSEMENT OF REGISTRATION

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

……………………………………

Director-General

FORM V

[Regulation 12(1)]

(LOGO)

THE ZAMBIA INFORMATION AND COMMUNICATION TECHNOLOGY AUTHORITY

INFORMATION AND COMMUNICATION TECHNOLOGIES ACT

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

ANNUAL RETURN

( ) Individual or ( ) class

Licence (Tick as appropriate)

Shaded fields for Official use only

Licence code

Date/Time

Information Required

Information Provided

1.    Type of service

2.    (a) Name(s) of Licence holders(s)

(b) Type of licence holder

Individual

Company

Partnership

Review period:

Item

Number

No. of Subs programmed in HLR

No. of Active Subs

No. of Subs in Frozen State

No. of Subs in Frozen State Recycled

No. of SIM packs in stock with numbers pre-allocated

No. of SIM packs in stock without numbers pre-allocated

No. of SIM packs on order

Uptake for the year (No. of SIM packs sold)

Number Block Utilisation

One million number block (09A Bxxxxxx)

per cent Utilisation

Short code leading digit

Digit length

Number

1

3

4

5

2

3

4

5

3

3

4

5

4

3

4

5

5

3

4

5

6

3

4

5

7

3

4

5

8.

3

4

5

9.

3

4

5

SECOND SCHEDULE

[Regulation 17]

PRESCRIBED FEES

Item

Fee Mode

Fee Units

1

Registration Fees

All other categories

-

40, 000

Carrier pre-selection

-

200, 000

2

Annual Fees

Subscriber Number (C)*

-

1

Annual Fee (FA)

Annual fee formula

-

Annual Return

223

3

Other Codes

Mobile Network Code (MNC)

-

20, 000

National Destination Code (NDC)

-

20, 000

International Signalling Point Codes (ISPCs)

-

20, 000

National Signalling Point Codes (SPCs)

-

20, 000

Network Colour Codes

-

20, 000

SIM Headers

-

10, 000

Service Numbers (Freephones, Premium)

-

10, 000

Carrier Selection Codes

-

100, 000

4

Short Codes

-

3 digits

-

100, 000

4 digits

-

60, 000

NOTES:

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

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

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

ANNUAL NUMBERING FEE FORMULA

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

FA = B x C, where—

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

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

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

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

[Section 91]

Arrangement of Regulations

    Regulation

PART I
PRELIMINARY

    1.    Title

    2.    Interpretation

PART II
LICENSING PROVISIONS

    3.    Application for network licence

    4.    Application for service licence

    5.    Application by agent

    6.    Request for further particulars

    7.    Network and service licence

    8.    Rejection of application by Authority

    9.    Appeals

    10.    Application to transfer licence

    11.    Application to vary licence

    12.    Application for renewal

    13.    Suspension or revocation of licence

    14.    Fees

        SCHEDULE

SI 35 of 2010.

SI 47 of 2017.

PART I
PRELIMINARY

1.    Title

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

2.    Interpretation

In these Regulations, unless the context otherwise requires—

"licence" means a licence obtained under regulation 7;

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

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

PART II
LICENSING PROVISIONS

3.    Application for network licence

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

4.    Application for service licence

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

5.    Application by agent

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

6.    Request for further particulars

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

7.    Network and service licence

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

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

8.    Rejection of application by Authority

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

9.    Appeals

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

10.    Application to transfer licence

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

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

    (3) The Authority shall, where the Authority—

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

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

11.    Application to vary licence

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

    (2) The Authority shall, where the Authority—

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

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

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

12.    Application for renewal

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

    (2) The Authority shall, where the Authority—

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

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

13.    Suspension or revocation of licence

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

14.    Fees

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

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

SCHEDULE

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

FORM I

[Regulation 3]

(To be completed in triplicate)

THE ZAMBIA INFORMATION AND COMMUNICATION TECHNOLOGY AUTHORITY

INFORMATION AND COMMUNICATION TECHNOLOGIES ACT, 2009

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

APPLICATION FOR A NETWORK LICENCE

( ) individual or
( ) class licence (Tick as appropriate)

Shaded fields for official use only

Licence code

Date/Time

Information Required

Information Provided

1

Type of network

2

(a) Name(s) of Applicant(s)
(b) Type of Applicant

Individual

Company

Partnership

3

(a) Nationality
(b) identity Card

(National Registration Card No. or Passport No.) – Attach certified copies

4

(a) Notification address
Tel:
Fax:
E-mail

(b) Information of contact person authorised to represent the applicant
Tel:
Fax:
E-mail

5

(a) Company name

(b) Company address

(c) Company registration No. (Attach certified copies of certificate of registration)

(d) Shareholders

Shareholder

Shares held

Nationality

NRC/Passport No.

(e) Directors

Director

Address

Shares held

Nationality

NRC/Passport No.

(f) Partners

6

Previously held licences in Zambia, if any, by applicant issued under the information and Communication Technologies Act, 2009

Number
(Type and Licence No.)


(a)
(b)
(c)
(d)
(e)
(f)

Location



(a)
(b)
(c)
(d)
(e)
(f)

7

Currently held licence in Zambia, if any, by applicant issued under the information and Communication Technologies Act, 2009

Number
(Type and Licence No)


(a)
(b)
(c)
(d)
(e)
(f)

Location



(a)
(b)
(c)
(d)
(e)
(f)

8.

Currently held licences in Zambia, if any, by subsidiary under the Information and Communication Technologies Act, 2009

Licence
(Type and Licence No)


(a)
(b)
(c)
(d)
(e)
(f)

Location



(a)
(b)
(c)
(d)
(e)
(f)

9

Have you ever applied for a Licence in Zambia?

If yes, please give details below

Licence applied for

Location

Category of licence
(individual or class licence)

Date of application

Status of application (Granted, rejected or pending)*

* If application was rejected, give reasons for rejection.

10

Project details

(a) Location

Proposed launch date

District

(b) Brief description

11

Appendices*

Appendix No. 1

Network design (including spectrum requirements, where applicable), roll-out plan and implementation schedule including network coverage area and intended performance levels

Appendix No. 2

Technical specifications for interoperability and compatibility of the network with other systems including but not limited to those owned and operated by other licences

Appendix No. 3

Business plan for proposed services (should include information on technical proposal of the services to be provided, information on previous experience, curricula vitae, in the provision of the services the profile of the individual, company or partnership, as the case may be

Appendix No. 4

Investment certificate issued by the Zambia Development Agency, where applicable

Appendix No. 5

Certified photocopies of work permits and other relevant permits issued by the Immigration Department

Appendix No. 6

Details of wholesale charges to be made to other licensees or third parties (including termination) and interconnection charges)

Appendix No. 7

Evidence that the proposed network shall provide availability of emergency services where appropriate

Appendix No. 8

Tax Payers Identification Number (TPIN)

Appendix No. 9

Any other information which the Authority may require

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

QUALITY OF SERVICE UNDERTAKING

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

DECLARATION

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

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

……………………………………

Applicant’s name

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

Date

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

Applicant’s signature

FOR OFFICIAL USE ONLY

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

Officer

Date Received:……………………………..

Amount Received:………………………….

Serial No. of application:…………………..

STAMP

FORM II

[Regulation 3]

(To be completed in triplicate)

THE ZAMBIA INFORMATION AND COMMUNICATION TECHNOLOGY AUTHORITY

INFORMATION AND COMMUNICATION TECHNOLOGIES ACT, 2009

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

APPLICATION FOR A NETWORK LICENCE

( ) individual or
( ) class licence(Tick as appropriate)

Shaded fields for official use only

Licence code

Date/Time

Information Required

Information Provided

1

Type of network

2

(a) Name(s) of Applicant (s)
(b) Type of Applicant

Individual

Company

Partnership

3

(a) Nationality
(b) identity Card

(National Registration Card No. or Passport No.) – Attach certified copies

4

(a) Notification address
Tel:
Fax:
E-mail

(b) Information of contact person authorised to represent the applicant
Tel:
Fax:
E-mail

5

(a) Company name

(b) Company address

(c) Company registration No. (Attach certified copies of certificate of registration)

(d) Shareholders

Shareholder

Shares held

Nationality

NRC/Passport No.

(e) Directors

Director

Address

Shares held

Nationality

NRC/Passport No.

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