In recent months, Tanzania has published amendments to the Electronic and Postal Communications (Licensing) Regulations that introduce new licensing categories and restructure existing ones. This article highlights the amendments introduced in the Electronic and Postal Communications (Licensing) (Amendments) Regulations of 2022 (the Regulations) and the compliance measures that apply thereunder.
The Tanzania Communications Regulatory Authority (the TCRA) is mandated through the Electronic and Postal Communications Act CAP 306 Revised Edition 2022 and the Regulations to determine licence applications and generally regulate licensees.
Out with the old – removal of the licence category for selling electronic communication equipment
The licence for selling electronic communication equipment applied to those selling electronic communication equipment on a retail basis. Such licensees had to ensure the equipment was type approved and of a quality approved by the TCRA. Upon application, there was a prescribed fee, and the licence was valid for up to three (3) years, subject to renewal. Following the amendments to the Regulations, sellers of electronic communication equipment no longer need a licence to conduct their activities. The rationale behind this is that electronic communication equipment would have already met compliance requirements by having the importers and distributors licensed accordingly and the equipment type approved by the TCRA. As a result, sellers will be able to recover costs by no longer having to pay for such a licence and the TCRA can focus its regulatory oversight on electronic communication equipment at source.
In with the new – licence categories and types of facility
It is also important to note that the following licence categories have been included in the Class licence category: content service of subscription, community broadcasting services and the Application Services (e-Commerce) Licence. This means that these licences are smaller category licences with a less onerous application process.
It is evident that the Regulations have introduced new conditions which licensees must familiarise themselves with to avoid contravening the same.
Written by Corliss Kidaha and Lucas Elingaya.
The contents of the article are current as of their original date of publication and are provided for general information purposes only. This article does not, and is not intended to, constitute legal or other professional advice, or any opinion of any kind. Your advisor is best placed to provide assurance that the contents and views expressed in this article, and your interpretation of them, are relevant, applicable, or appropriate to your context.
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