CHAPTER 302
TANZANIA COMMUNICATIONS ACT
[SUBSIDIARY LEGISLATION]
INDEX TO SUBSIDIARY LEGISLATION
REGULATIONS
G.N. No. 86 of 1993
1. Citation
These Regulations may be cited as the Tanzania Radiocall Service Regulations.
2. Interpretation
In these Regulations, except where the context requires otherwise–
"radiocall service" means a service whereby a privately-owned and operated radiocommunication station may communicate with a radiocommunication station operated by the Corporation for the purpose of sending and receiving telegrams and telephone calls;
"radio station" means a radiocommunication station licensed under the Tanzania Radiocommunication Regulations for the purpose of the radiocall service;
"radiocall control station" or "control station" means a radiocommunication station operated by the Corporation for for the purposes of the radiocall service.
3. Application for service
(1) The Director-General may designate areas as areas in which radiocall service is available.
(2) A person wishing to become a subscriber to the radiocall service shall make application in writing in the approved form and shall notify such particulars as the Director-General directs.
4. Installation of subscriber's apparatus
(1) The Director-General shall not approve an application by a person to become a subscriber unless the radiocommunication apparatus installed or proposed to be installed is of a type approved by him.
(2) The cost of providing and installing the radiocommunication apparatus shall be borne by the person who is applying to become a subscriber.
5. Maintenance and inspection of apparatus
A subscriber shall at his own expense–
(a) maintain the radiocommunication apparatus in a condition satisfactory to the Director-General;
(b) make the radiocommunication apparatus available for inspection and testing by the Director-General at such times and places as the Director-General directs.
6. Purposes for which services may be used
(1) Subject to these Regulations, a subscriber shall be entitled to transmit messages, and receive messages from a control station.
(2) Subject to the Tanzania Telegraph Regulations, a subscriber may arrange with the Corporation for telegrams addressed to the call number of his radiocall service station to be telephoned to that station, and may send a message through a control station for onward transmission as a telegram.
(3) Subject to the Tanzania Telephone Regulations, and to the facility being available a subscriber may be connected through a control station to the telephone system for the purpose of communication with telephone subscribers and persons who may be connected to the telephone system.
7. Payment of accounts
(1) Accounts for services rendered in connection with the radiocall service shall be payable to the Corporation on presentation.
(2) Subscribers shall in every case be responsible for the payment of the charges for all facilities obtained through their radiocall stations and the accounts rendered shall be sufficient evidence of the amount due from subscribers to the Corporation.
8. Deposits
(1) The Director-General may at his discretion require a subscriber to pay a deposit in respect of services to be rendered in connection with the radiocall service.
(2) On determination of the service the Corporation shall, after deducting any charges due, refund the deposit to the subscriber.
9. Payment of loss of revenue fee
(1) Upon the approval of the application to operate radiocall, the applicant shall pay loss of revenue fee before the radiocall licence is granted.
(2) In calculating the loss of revenue fee to be payable by such applicant, the Director-General shall take into account the following factors–
(a) availability or non-availability of conventional telephone service;
(b) radiocall distance between the stations; and
(c) frequency band applied for.
10. Hours of service
The hours during which radiocall service may be provided at a control station shall be determined by the Corporation.
11. Restriction on duration of calls
The Director-General may restrict the duration of any call made through the radiocall service.
12. Restriction of control and operations
The Director-General may in his discretion–
(a) specify the control station with which a radiocall station may communicate;
(b) change the location of the control station with which a radiocall station may communicate;
(c) specify the radio frequencies which may be used for the purpose of providing radiocall service;
(d) allot a call number to a subscriber, and from time to time vary that number;
(e) at any time withdraw his approval of any type of radiocommunication apparatus and require a subscriber to modify or change the apparatus in use at the subscriber's expense.
13. Decision of Director-General to be final
Subject to these Regulations, the decision of the Director-General shall be final in respect of terms, conditions and all matters appertaining to the operation of the radiocall service.
14. Use of objectionable language prohibited
A person shall not–
(a) while using the radiocall service, use language of an objectionable or offensive nature, or of a character calculated to provoke a breach of the peace; or
(b) mischievously use the radiocall service for the purpose of irritating any person, or of conveying a fictitious instruction or message.
15. Application of Tanzania Radiocommunication Regulations
The Tanzania Radiocommunication Regulations shall apply to the radiocall service and to any radiocommunication apparatus used in connection with that service.
16. Revocation
[Revokes the East African Radio Call Service Regulations *.]
G.N. No. 87 of 1993
1. Citation
These Regulations may be cited as the Tanzania Telex Regulations.
2. Interpretation
In these Regulations, except where the context requires otherwise–
"call" means the establishment of means of communication for the purpose of the telex service;
"certified" means certified by the Director-General;
"inland call" means a call made from a sending station within Tanzania to a receiving station within Tanzania;
"installation" means a telex line and the teleprinter or other sending and receiving apparatus at the subscriber's premises and the associated equipment which are provided by the Corporation for a subscriber for the purpose of telex service;
"local call" means a call made between subscribers connected to the same telex exchange;
"public call office" means an office wherein a teleprinter or other sending or receiving apparatus is available for use by the public upon payment of fee;
"printergram centre" means a telegraph office operated by the Corporation for the purpose of accepting telegrams by teleprinter from telex subscribers for transmission of means of the public telegraph service;
"receiving station" in relation to a call, means the teleprinter or other receiving apparatus and the equipment associated therewith to which the call is made;
"rental" means any charge in respect of an installation which is fixed by an agreement and is payable periodically;
"sending station" in relation to a call, means the teleprinter or other sending apparatus and the equipment associated therein whereby the call is originated;
"subscriber" means a person with whom the Corporation makes an agreement for the provision of telex service and includes the personal representatives of a subscriber;
"subscriber's premises" means a premises in or on which any possession or occupation or under the control of the person who is the subscriber in respect of the installation or of a person for whose use the installation is provided under the agreement with the subscriber;
"telex line" means a circuit provided as part of an installation for the purpose of enabling a subscriber to communicate with a telex exchange;
"telex service" means a service whereby written message may be sent directly between the sender and the recipient through the public telex exchange system under the control of the Corporation;
"trunk call" means a call made between subscribers connected to different telex exchanges.
3. Provision of telex service
(1) Every subscriber shall enter into an agreement with the Corporation.
(2) Telex installation shall not be provided until a connection charge has been paid.
(3) If an application for telex is cancelled after the connection charge has been paid, the Corporation may retain any or all of the connection charges to cover the cost of any work carried out as a result of the application.
4. Termination of agreement
(1) An agreement may be terminated on the expiration of the initial period stipulated therein or at any time thereafter provided in either case that one month's previous notice in writing is given by either party.
(2) The subscriber shall be liable for rental until the agreement is terminated and the balance of any rental in respect of any further period paid in advance shall be repaid after deducting any charges due for telex services.
5. Payment of rental and other charges
(1) Subject to these Regulations all charges in respect of calls originating upon a subscriber's installation, and all other charges and sums payable by a subscriber under these Regulations or under an agreement, shall be payable by the subscriber on demand.
(2) Any rental payable under an agreement in respect of an installation of a component part shall commence on the date when the installation or the component part is connected for use.
(3) The subscriber shall be liable for rental until the agreement is terminated and the balance of any rental in respect of any further period paid in advance shall be repaid after deducting any charges due for telex service.
6. Director-General may require security
The Director-General may, before or after entering an agreement with a subscriber, require the payment of a deposit of such amount as he thinks necessary by way of security for the payment of the rental or other charges payable or to become payable by the subscriber, or may require the subscriber to furnish security for such payment in such other form and for such amount as the Director-General thinks necessary, and the subscriber shall pay such deposit or furnish such security within such time as the Director-General may direct.
7. Provision of telex service at discretion of Director-General
The provision of telex services shall be at the discretion of the Director-General and nothing herein contained shall be construed as compelling the Corporation to enter into an agreement for the provision of telex services.
8. Measurement of distance
The Director-General's decision in regard to all measurements or distances and lengths of line shall be final.
9. Permission of landlord and liability of Corporation
(1) Subscribers shall be responsible for obtaining all necessary consent from the landlords or the premises where telex apparatus is to be installed.
(2) It shall be a condition of the provision of telex service that the Corporation or any authorised employee of the Corporation shall not be liable for any damage or loss whether caused through negligence or not, resulting to the subscriber or to any person in his employment and arising out of the provision to the subscriber of telex service.
10. Installation, maintenance of installations
(1) Every installation shall at all times remain the property of the Corporation.
(2) Every subscriber shall permit authorised employees of the Corporation (or, when required by the Director-General so to do, procure permission for them from any other person whose permission is requisite) to enter at all reasonable times upon the subscriber's premises for the purpose of constructing, inspecting, maintaining or altering the installation or any part thereof, or removing the installation as may be in or on the subscriber's premises.
(3) Every authorised employee of the Corporation who desires to enter upon the subscriber's premises shall have duly authenticated documents showing his identity and authority.
11. Default by subscriber
(1) If a subscriber–
(a) fails to pay when due any rental charge or sum (including any sum required by way of deposit) payable by him to the Corporation; or
(b) becomes insolvent, or makes any composition or arrangement with or assignment for the benefit of his creditors, or suffers execution to be levied on his premises, or being a company, goes into liquidation, whether voluntary or compulsory or has a receiver or property appointed; or
(c) fails to observe or perform any of the provisions of these Regulations or an agreement, or any obligation on his part arising thereunder,
the Director-General may, without prejudice to any other rights or remedy of the Corporation–
(i) without notice, wholly or in part suspend telex services provided by means of all or any of the subscribers installations; and if he shall think fit so to do disconnect all or any of such installation from the telex exchange; and
(ii) in addition or alternatively summarily terminate the subscriber's agreements or any of them by notice in writing to that effect.
(2) On the determination of any agreement under the provision of this regulation the Corporation may recover from the subscriber forthwith as liquidated damages and not as a penalty in addition to any arrears of rental or other sums due, a sum equal to one third of the quarterly rental or to the balance of the rental to the end of the initial term of the agreement, whichever may be greater.
12. Power to disconnect
The Director-General may without notice disconnect any subscriber from an exchange and cause to be removed any apparatus allocated to such subscriber if–
(a) the subscriber allows his telex apparatus or line to be wilfully damaged or destroyed, or put to any improper or illegal use;
(b) the connection of the telex apparatus or wires have been tampered with or altered without the authority of the Director-General;
(c) improper language used by the subscriber or any person using his telex installation to an employee of the Corporation or to any other subscriber; or
(d) for any other reason considered by the Director-General sufficient to warrant disconnection of the telex service.
13. Duration of calls
(1) The duration of a call for the purpose of these Regulations shall be calculated from the time when the establishment of means of communication begins to the time it ends.
(2) Calls for a period exceeding three minutes may be allowed at the discretion of the Director-General, but no person shall be entitled as of right to continue a call for a period exceeding three minutes.
14. General powers
The services referred to in these Regulations may be provided by the Corporation at such times, during such period, in such circumstances, and by means of such equipment as the Corporation may from time to time consider expedient.
15. Printergram service
A telex message may be sent from a sending station within the United Republic to the appropriate Printergram Centre for further transmission to the addressee as a written telegram by means of the public telegram system.
16. Advise of duration and charge
The Corporation may supply particulars of the duration of or the charge for a call or of both such duration and charge, on the request of the person who is the subscriber in respect of the sending station or of any other person using that station.
17. General powers of the Corporation
Without prejudice to any other power or right of the Corporation, the Director-General may at his discretion–
(a) refuse or cease to provide any telex service which would involve or involves the use of any telegraphic line in respect of which there is difficulty in obtaining or maintaining on terms acceptable to the Director-General, any way-leave;
(b) disconnect an installation from one telex exchange and connect it with any other telex exchange;
(c) make any alteration in an installation;
(d) alter the telex number or the answer book code allocated by the Director-General to an installation;
(e) use any part or parts of a telex line provide for a subscriber for any additional purpose (including the provision of services to other persons) by any means including the carrying of electric currents over such part or parts of the line at frequencies different from those used for the purpose of that subscriber's telex service.
18. Subscriber's responsibility
(1) A subscriber shall–
(a) be responsible for the safety of all such parts of the installation as are in or on the subscriber's premises, and on the determination of an agreement by any means the subscriber shall surrender to the Corporation the installation and every part thereof in as good condition as when first provided, fair wear and tear only excepted;
(b) pay in respect of the replacement of any such parts of the installation as aforesaid which at any time are lost or destroyed, and the replacement or repair of any such parts which are damaged otherwise than by way of fair wear and tear the certified cost incurred by the corporation in replacing or repairing those parts.
(2) A subscriber shall not, without written consent of the Director-General–
(a) alter or remove any installation or any part thereof, or obliterate or deface any marks, works or numbers thereon;
(b) make any attachment to an installation, or place anything in electrical connection therewith;
(c) place or use in any manner or position in relation to an installation anything that may in the opinion of the Director-General have a harmful effect on the installation or on its use for the purpose for which it is provided; or
(d) place or use anything (unless provided for the purpose by the Corporation) in such a manner or position in relation to an installation that it transmits or enables to be transmitted any message or other communication from or by means of the installation and shall not without such consent permit or suffer any other person so to do.
(3) A subscriber shall, on being required by the Director-General so to do, forthwith cease to use and remove anything which has been attached, connected, placed or used as mentioned in paragraph (2) of this regulation whether by him or by another person and whether with or without the consent of the Director-General.
19. Paper and teleprinter ribbons
(1) The paper and teleprinter ribbons used in any teleprinter comprised in an installation shall be of the quality, kind and size for the time being approved by the Director-General.
(2) Except during the periods as the Director-General may otherwise permit, a subscriber shall at his own expense at all the times keep properly adjusted in any teleprinter comprised in an installation an adequate supply of paper and teleprinter ribbon in good condition.
20. Subscriber not to assign agreement
A subscriber shall not, except with the written consent of the Director-General assign or dispose of his agreement or assign or dispose of any part with any benefit or advantage under it.
21. Supply of electricity
(1) If required so to do by the Director-General a subscriber shall provide at his own expense in all respects a continuous supply of the electricity necessary for the operation of the installation or any part thereof and such electricity shall be supplied at such point or points and by means of such wires fitted with such sockets or other means of connection and provided with such connection to earth and with such fusible cut-outs and other protective devices as the Director-General may from time to time require.
(2) The subscriber shall pay the certified cost incurred by the Corporation of making such alterations to the installation as it considers necessary to conform to any change made otherwise than by the Corporation in the method of applying the electricity to the installation or in the kind of electric current used or to prevent injurious affection to the installation by electric lines or plant erected on the subscriber's premises.
(3) The subscriber shall leave the electricity supply provided under paragraph (1) continuously connected to the installation except during such periods as the Director-General may otherwise permit.
22. Telex directories
(1) Entries in any telex directory published by or on behalf of the Corporation may be made in such terms, form, manner and order as the Director-General thinks fit.
(2) The telex directory is the copyright of the Corporation and shall not without the Director-General's written permission be reproduced wholly or in part.
23. Alteration to services
Subscribers requiring any alteration to their installation or services shall apply in writing in such manner as the Director-General may direct.
24. Accounting for calls
The charges to a subscriber for calls, or for any class of calls, may be aggregated and included as a single item in an account rendered to him by the Corporation.
25. Service of notice
Any notice, account, statement, direction or other document which may be given, rendered or made by the Corporation under or of any purpose of these Regulations or an agreement shall be deemed to have been duly given, rendered or made and served if left at or sent by registered post to the address at or in connection with which the relevant telex service is required or provided, or to the address stated in the relative agreement as the subscriber's address, or to the subscriber's usual or last-known place of abode or business.
26. Exemption of the Corporation from liabilities for telex services
(1) The Corporation shall not incur any liability–
(a) by reason of the interruption, whether total or partial, of the telex service;
(b) by reason of any delay in the transmission of any telex or by reason of any error in, omission from or non-delivery or misdelivery of any telex; or
(c) by reason of the non-transmission, detention or disclosure of any telex in accordance with these Regulations.
(2) A subscriber shall not be entitled to any abatement of rental in connection with any of the matters under subregulation (1).
27. Public call offices
The Corporation may establish public call offices at convenient, locations for use by members of the public.
28. Consent of Director-General
Any consent or approval of the Director-General referred to in the Regulations may be given subject to such terms and conditions as the Director-General may think fit.
29. Revocation
[Revokes the East African Telex Regulations *.]
G.N. No. 88 of 1993
1. Citation
These Regulations may be cited as the Tanzania Telephone (Privately-Owned System) Regulations.
2. Interpretation
In these regulations, except where the context otherwise requires–
"external electric supply line" means any line for the transmission of electricity for the purposes of the supply of light, heat, or power, where such line is outside any building;
"licence" means a valid licence to construct, maintain and operate a privately-owned system;
"non-crossing system" means privately-owned system, no telephone line of which crosses any public road, or any railway, or any telephone line other than a telephone line of such system, or any telegraph line or any external electrical supply line;
"physical system" means any privately-owned system no part of which consists of, or is connected with, any radiocommunication apparatus;
"privately-owned system" means any telephone apparatus constructed, maintained, operated and owned by any person for the purpose of his private business affairs;
"public road" means any road to which the public has a right of access or which is habitually used by members of the public.
3. Licence to construct and operate system
(1) Subject to section 59(6) of the Act and this Regulation, every person desiring to construct, maintain and operate a privately-owned system shall apply in writing to the Director-General for a licence; and no person shall commence the construction of any such operation until the licence in respect thereof has been granted.
(2) Every application for a licence shall have attached full and detailed plans and specifications of the privately-owned system in respect of which the application is made and there shall be forwarded therewith the reasons for such construction and the appropriate fee.
(3) Every application for such a licence shall, within 15 days of a request in writing therefor, supply in writing to the Director-General such information in relation to the privately system for which the application is made as the Director-General may in such request require.
(4) The Director-General may in his discretion, grant or refuse such application and he may grant it subject to such conditions as may be specified in the licence:
Provided that if the Director-General refuses the application he shall return to the applicant the fee forwarded with the application.
(5) It shall be a condition of every licence that an authorised officer may, at all reasonable times, enter any property on which a privately-owned system is constructed, maintained and operated and inspect such system.
(6) Every licence shall be in the form set out in the Schedule to these Regulations and shall expire on 31st December in each year; and such licence may, subject to regulation 6, be renewed on payment of the appropriate fee.
4. Exempting licence system from provisions of section 59(1) of the Act
(1) Subject to conditions specified in paragraph (2) of this regulation, there shall be exempt from the provisions of section 59(1) of the Act any privately-owned system which has been licensed under these Regulations:
Provided that no licence for privately-owned system shall be issued unless the Director-General is satisfied that–
(a) the system is confined entirely within the boundaries of a property occupied by the owner of such system; and
(b) it is a non-crossing system; and
(c) it is a physical system.
(2) The conditions referred to in paragraph (1) of this regulation are–
(a) that before constructing any such privately-owned system the owner thereof shall give notice in writing to the Director-General of such proposed construction, specifying the property on which such system is to be constructed, stating the reasons for such construction and giving a general outline of the type and layout of such system;
(b) that the owner of such system shall within 30 days of a request in writing supply in writing to the Director-General, such information in relation to the system as the Director-General may in the request require;
(c) that an authorised officer may at all reasonable times enter such property and inspect such system;
(d) that such system shall not interfere in any way with the telephone services provided by the Corporation.
(3) Where there is any contravention of any condition specified in paragraph (2) of this regulation the Director-General may, by notice in writing to the owner of such privately-owned system inform such owner that such system shall, as from such date as may be specified in the notice, cease to be exempt from the provisions of section 59(1) of the Act.
(4) Where any privately-owned system which complies with the requirements of subparagraphs (a), (b) and (c) of paragraph (1) of this Regulation has been constructed, maintained and operated before the commencement of these Regulations, then such system shall be exempt from the provisions of subsection (1) of section 59 of the Act, subject, however, to compliance with the provisions of subparagraphs (b), (c) and (d) of paragraph (2) of this regulation and to the provision of paragraph (3) of this regulation.
5. Corporation not obliged to obtain permission or way-leave
Where a licence has been granted the Corporation shall not be responsible in any way for obtaining way-leave, permission or easement necessary for the construction, maintenance and operation of the privately-owned system, nor shall the Corporation be responsible in any way for any damage resulting to any person from the construction, maintenance and operation of such system.
6. Revocation or refusal of renewal
(1) The Director-General may at any time, by notice in writing to the holder of the licence, revoke such licence, as from a date to be specified in such notice, and the Director-General may refuse to renew any licence.
(2) Where the Director-General has revoked or has refused to renew any licence, then the owner of the privately-owned system shall within 30 days of the date on which the licence is revoked or expired as the case may be, dismantle such system, and if he fails to do so he shall be deemed to be maintaining and operating such system.
7. Alteration to be preceded by notice
Where the holder of a licence proposes to effect any alteration, other than normal maintenance repairs, to the privately-owned system referred to in such licence he shall, before effecting such alteration give 30 days, notice thereof to the Director-General and if, within such period of 30 days the Director-General objects to such alteration, such holder shall not effect such alteration or shall effect it only in accordance with such conditions as the Director-General may determine.
8. Omitted
[Omitted.]
9. Application of a licence
Where any privately-owned system, other than one to which regulation 3 applies, has been constructed, maintained and operated before the commencement of these Regulations, then the owner thereof shall within 30 days of such commencement apply in writing to the Director-General for a licence, and the provisions of this regulation other than those of paragraph (1) thereof, shall apply in such a case:
Provided that pending the determination of any such application the owner of such system shall be deemed to be the holder of a licence in respect thereof.
10. Revocation
[Revokes the East African Telephone (Privately-Owned System) Regulations *.]
SCHEDULE
LICENCE TO OPERATE PRIVATELY-OWNED SYSTEM
(Regulation 3(6))
The Director-General hereby grants to ........................................................................... |
..................................................................................................................................... |
This licence expires on the 31st day of December, in the year in which it is granted but may, subject to regulation 6 of the Tanzania Telephones (Privately-Owned System) Regulations, be renewed for a period of one year, ending on the 31st day of December in the year of renewal, on payment of the appropriate fee specified in such Regulations. |
G.N. No. 89 of 1993
1. Citation
These Regulations may be cited as the Tanzania Radiocommunications (Limitation of Radio Interference) Regulations.
2. Interpretation
In these Regulations–
"applied voltage" in relation to any measuring apparatus used for the purpose of these Regulations means the voltage applied to the input terminals of the measuring apparatus;
"decibel" expresses the logarithmic ratio or two voltages or electromotive forces. The ratio of two voltages VFIND1"/> and VFIND2"/> expressed in decibels is 20 times the logarithm to the base 10;
"directly connected" means conductively connected and does not include inductive or capacitive coupling;
"electric supply-line terminals" in relation to any generating apparatus means the terminals which are designed to connect the generating apparatus with electric supply-lines either by a permanent or by a non-permanent connection, being in the former case terminals mounted in or the generating apparatus and in the latter case the terminals at the point of the non-permanent connection;
"generating apparatus" means–
(a) all apparatus generating or designed to generate fortuitously electromagnetic waves by–
(i) converting electrical energy into mechanical light or heat energy; or
(ii) converting mechanical light or heat into electrical energy; or
(iii) converting, generating, regulating, transforming or controlling electric or electromagnetic energy;
(b) switch gear which forms part of, or is directly associated with, the generating apparatus for the purpose of its operations;
"field strength calibration constant" means the number of decimals that must be added to the reading of any measuring apparatus used for the purpose of these Regulations, when a measurement of field strength is made as prescribed by these Regulations, to give a value of field strength in decimals above one microvolt per metre;
"ignition apparatus" means equipment assembled for the purpose of providing and conveying electrical energy for igniting gas or vapour in an internal combustion engine;
"image frequency" means the frequency not being the tuned frequency, which combines with the fundamental frequency of the heating oscillator to produce the intermediate frequency;
"industrial, scientific or medical generating apparatus" means apparatus for generating electromagnetic waves for the intentional use of such energy for industrial, scientific or medical purposes, as the case may be;
"intermediate frequency" means the mid-frequency of the band of frequencies for which the intermediate frequency amplifier of any measuring apparatus used for the purpose of these Regulations is tuned to accept the voltage applied to it;
"radio interference" means the confusion of a desired radio signal by the effects of generating apparatus;
"radio receiver" means an apparatus for the intentional reception of electromagnetic radiation of a required frequency or required band of frequencies;
"reference deflection" means the deflection of the needle of the indicating meter of a valve-voltmeter used for the purposes of these Regulations to a mark at the middle of the scale of the metre;
"suppression" means the fitting of one or more suppressor to an ignition apparatus, industrial, scientific and medical generating apparatus, or other generating apparatus including generating apparatus intended for lighting or heating;
"suppressor" means a piece of equipment designed to reduce the amount of energy that may be transmitted, either by electromagnetic radiation or by direct connection into electric supply-lines, by generating apparatus;
"terminal voltage calibration constant" means the number of decimals that must be added to the reading of any measuring apparatus used for the purpose of these Regulations when a measurement of field-strength is made as prescribed by these regulations, to give the terminal voltage in decimals above one microvolt;
"tuned frequency" means the mid-frequency of the band of frequencies for which any measuring apparatus used for the purpose of these Regulations is tuned to accept the applied voltage;
"voltage or electromotive force" of a sinewave shall be construed as a reference to its effective or root mean square value.
3. Maximum amounts of energy
In these Regulations maximum limits are specified for the amount of energy that may be transmitted, either by electromagnetic radiation or by direct connection into electric supply lines, by various types of generating apparatus.
Voltage and Field Strength Measurement (reg 4)
4. Voltage and field strength
(1) For the purpose of measuring and computing voltage and, additionally or alternatively, the field strength of electromagnetic energy at any frequency between 40 and 225MHz, the generating apparatus or electric supply-line shall be tested by means of measuring apparatus of the descriptions and having the physical and electrical characteristics and performance set out in the First Schedule.
(2) The tests for voltage shall be made by the method and under the conditions set out in the Second Schedule and the tests for field strength shall be made by the method and under the conditions set out in the Third Schedule.
(3) The said voltage and field-strength shall be computed as provided in the Second or Third Schedule as the case may be from the readings, afforded by the measuring apparatus while the generating apparatus or electric supply-line is operating.
Required Limitation of Radio Interference (regs 5-6)
5. Limitation of interference
(1) Ignition apparatus shall be so designed, constructed, assembled and installed, and if necessary to meet this requirement, suppressed, as to ensure that the field-strength, as measured and computed in accordance with the First and Third Schedules, of the electromagnetic energy radiated at any frequency in any direction from the apparatus when it is used does not exceed 50 microvolts per metre at any distance of not less than ten metre measures as specified in paragraph 2(1) of the Third Schedule.
(2) Industrial, scientific or medical generating apparatus shall be so designed, constructed, assembled and installed and, if necessary to meet this requirement, suppressed, as to ensure that the field-strength as measured and computed in accordance with the First and Third Schedules of the electromagnetic energy radiated at any frequency in any direction from the apparatus when it is used does not exceed 30 microvolts per metre at the distance of not less than 40 metres measured as specified in paragraph 2(1) of the Third Schedule.
(3) Radio receivers shall be so designed, constructed, assembled and installed as to ensure that the field-strength as measured and computed in accordance with the First and Third Schedules of the electromagnetic energy radiated in any direction shall not exceed the following limits at any distance of less than 30 metres measured as specified in paragraph 2(1) of the Third Schedule–
(a) between 40 and 68 MHz. 15 microvolts per metre;
(b) between 60 and 87.5 MHz. 150 microvolts per metre;
(c) between 87.5 and 100 MHz. 30 microvolts per metre, 50 microvolts per metre for a television radio receiver at the fundamental frequency of the oscillator only;
(d) between 100 and 174 MHz. 150 microvolts per metre;
(e) between 174 and 225 MHz. 30 microvolts per metre.
(4) Generating apparatus (not separately specified) including apparatus intended for lighting and heating, connected to electric supply-lines shall be so designed, constructed, assembled and installed, and if necessary to meet these requirements, suppressed, as to ensure that–
(a) the voltage of electromagnetic energy at the electric supply line terminals of the generator, as measured and computed in accordance with the First and Second Schedules, shall not exceed 500 microvolts where the measurement is made at any frequency between 40 and 225 Mhz;
(b) the field-strength of the electromagnetic energy as measured and computed in accordance with the First and Third Schedules, radiated at any frequency between 40 and 225 MHz in any direction from the apparatus when it is used does not exceed 50 microvolts per metre at any distance of not less than 10 metres measured as specified in paragraph 2(1) of the Third Schedule.
(5) Generating apparatus not separately specified, including intended for lighting heating not connected to electric supply-lines shall be so designed, constructed assembled and installed, and if necessary to meet these requirements, suppressed as to ensure that the field-strength, as measured and computed in accordance with the First and Third Schedule as the electromagnetic energy, remitted at any frequency between 40 and 225 MHz in any direction from the apparatus when it is used does not exceed 50 microvolts per metre at any distance of not less than ten metres measured as specified in paragraph 2(1) of the Third Schedule.
(6) Electric supply-lines having a voltage between conductors exceeding 500 volts but not exceeding 70,000 volts shall be so designed, constructed, assembled and installed that, when the electric supply-line is used, the field-strength as measured and computed in accordance with first and Third Schedules of the electromagnetic energy radiated at any frequency between 40 and 225 MHz in any direction from the electric supply-line does not exceed 100 microvolts per metre at any distance of not less than 100 metres measured as specified in paragraph 2(1) of the Third Schedule.
6. Revocation
[Revokes the East African Radiocommunications (Limitation of Radio Interference) Regulations *.]
FIRST SCHEDULE
DESCRIPTION AND SPECIFICATION OF CHARACTERISTICS AND PERFORMANCE
(Regulation 4(1))
General Description:
1. (1) The measuring apparatus shall be a calibrated radio receiver, designed for the measurement of radio frequency noise. For its later purpose, the input terminal of the receiver shall be connected to a dipole aerial by a balanced, screen feeder. The receiver shall be of the superheterodyne type and comprise a radio-frequency amplifier and an output voltmeter. Attenuators, calibrated in decibels, shall be provided in the input circuits of the radio frequency amplifier. The indicating meter of the voltmeter shall have a scale provided with zero and full-scale marks and a reference deflection mark at mid-scale. The measuring apparatus shall be calibrated in terms of a known sinewave voltage at its input terminals and in terms of an intensity of a continuous wave field in which the associated aerial system in placed. Facilities shall be provided so that, whenever a measurement is to be made, the gain of the receiver of measuring apparatus may be set to the gain used when it was calibrated.
(2) For the purpose of terminal voltage tests, resistive network shall be provided, one for the connection between each electric supply-line terminal (other than that to which the measuring apparatus is to be connected) and earth via an isolating condenser. An isolating condenser shall also be provided for connection between the measuring apparatus and the electric supply-line terminal to be tested. Each resistive network shall have a resistance of 75 ohms (+15 ohms) and a phase angle not exceeding 30 degrees. Each isolating condenser shall have an impedance of less than 5 ohms at the frequencies at which the measurement are to be made. An unbalance/balance transformer may be inserted in the connection between the appropriate isolating condenser and the measuring apparatus and if so, any loss caused by it shall be included in the calibration of the measuring apparatus.
(3) For the purpose of terminal voltage tests, reactors having an impedance of not less than 500 ohms at the frequency at which the measurements are to be made shall be provided for insertion between the election supply-line terminals of the generating apparatus and the electric supply-line. Filters may be inserted between the reactors and the supply-line if required for reducing noise voltages present on the electric supply-line.
2. (1) The receiver shall be capable of being set to an accuracy of +1 percent, to receive any frequency within its range.
(2) At any frequency within the range of the measuring apparatus, values of sinewave voltage greater than 20 microvolts shall be measurable to an accuracy of +1 decibel.
(3) Value of field-strength greater that 20 microvolts per metre, at any frequency within the range of the measuring apparatus, shall be measurable to an accuracy of +3 decibels.
(4) The attenuators shall be so constructed and disposed that no performance characteristic of the set, apart from gain, is significantly affected by variations in their settings.
(5) With the measuring apparatus adjusted to give reference deflection of the meter for an applied sinewave voltage of any value between 20 microvolts and 100 millivolts, the sinewave voltage measured at the input of the valve-voltmeter shall be proportional to the applied voltage within +1 decibel up to a voltage of 40 decibels above that producing reference deflection.
(6) The variation with frequency of an applied sinewave voltage to produce a constant voltage at the input to the valve-voltmeter, when no alteration is made to the running of the measuring apparatus, shall not exceed the limits of the marked area of figure 1.
(7) The increase of an applied sinewave voltage needed to produce a constant voltage at the control grid of the frequency charges valve shall not be less than 6 decibels when the frequency of the applied voltage is varied from the tuned frequency by +2.5 MHz.
(8) The applied sinewave voltage of the tuned frequency which produces reference deflection of the meter shall be at least 80 decibels lower than the applied voltage at any other frequency which combines with a harmonic and not the fundamental frequency of the local oscillator to produce reference deflection.
(9) The ratio of the applied sinewave voltage which produces reference deflection at the intermediate frequency and at the tuned frequency respectively shall be at least 40 decibels.
(10) The ratio of the applied sinewave voltage which produces reference deflection at the intermediate frequency and at the tuned frequency respectively shall be at least 40 decibels.
(11) The overall screening shall be such that, with the receiver tuned to any frequency within its range and the gain of the receiver adjusted to that used for the frequency when the measuring apparatus was calibrated, the change in the intermediate frequency attenuator setting required to return the meter to reference deflection when an external electromagnetic field of that frequency and of a strength of 86 decibels above 1 microvolt per metre is switched on shall not exceed 1 decibel. This requirement shall be met for all orientations of the measuring apparatus. For this test, screening covers may be placed over the input terminals.
Input Circuits:
3. The impedance at the input terminals of the measuring apparatus shall be balanced and shall have a value of 75 ohms (+15 ohms) and a phase angle within the limits +20 degrees at any frequency within the range of the measuring apparatus.
Aerial and Feeder:
4. (1) The aerial shall consist of a dipole of length not greater than 1 of less than 2 metres, shall be supported so that its centre is not less than 2 metres above the base of the support when a measurement of field-strength is made.
(2) The aerial shall not be connected to the aerial input terminals of the measuring apparatus by a twin-balanced and screened feeder or a nominal characteristics impedance of 75 ohms. The feeder shall be led at right angles from the dipole for a distance of a least 1 metre.
(3) The balance/unbalance ratio at the aerial end of the feeder shall not be less than 20 decibels when measured as follows–
A generator of internal impedance R, where R is not greater than 5 ohms shall be connected to the feeder and measuring apparatus as shown in figure 2(a) and as shown in figure 2(b) in turn. The ratio ½ for the generator electromotive forces which produce reference deflection of the meter in the unbalanced connection (e1 figure 2(a)) and the balanced connection (e2 figure 2(b)) respectively shall be taken as the balance/unbalance ratio.
Output Circuit (valve voltmeter):
5. (1) The performance of the rectifier end of any associated circuits of the valve-voltmeter shall be such that the current through the indicating meter is nearly related to the sinewave voltage input to the rectifier within +10 percent of that voltage, for all value of input voltage from 0.5 to 2.0 times the value producing reference deflection.
The application to the input of the rectifier of the sinewave voltage which produces reference deflection shall cause an increase of 1.75 volts (+10 percent) in the steady voltage across the rectifier load.
The increase in the sinewave voltage at the input of the rectifier to increase the meter reading from reference deflection to full scale deflection shall not be less than 5.5 or more than 6.5 decibels.
(2) A sinusoidal voltage of frequency equal to the intermediate frequency, which when continuously applied to the input terminals of the intermediate frequency amplifier produces deflection, shall when suddenly applied at the same point, cause the change of voltage across the output circuit of the rectifier to reach 0.63 times the final value of the change of voltage in not less than 0.8 or more than 1.2 milliseconds. In this test, the input terminal of the intermediate frequency amplifier shall be disconnected from the preceding circuits of the measuring apparatus.
(3) The time taken for the current in the meter circuit to decrease by 0.63 times its initial value after an applied voltage as specified in subparagraph (2) is suddenly removed shall not be less than 450 or more than 550 milliseconds.
(4) The indicating meter shall be of the permanent magnet moving-coil type in which the deflection of the needle is directly proportional to the current passing through the meter. Under the conditions of use of the measuring apparatus the damping of the meter shall be such that,when a current of value which produces a final steady full-scale deflection is suddenly applied to the meter, the time of rise to 80 percent of the full-scale deflection is not less than 240 or more than 360 milliseconds and the overseeing is less than 5 percent of the full-scale deflection.
General Requirements:
6. (1) The accuracy of adjustment of the measuring apparatus shall be such that two successive measurements of any given input voltage (having a value within the range of measurements of the apparatus) between which any adjustment of the operating controls may be made, shall not differ by more than 1 decibel.
(2) Provision shall be made for the aural presentation of the receiver output for monitoring purposes.
SECOND SCHEDULE
METHOD AND CONDITIONS OF MEASURING TERMINAL VOLTAGE GENERALLY
(Regulation 4(2))
1. The generating apparatus under test shall, so far as is consistent with the following paragraphs of this Schedule, be tested under its normal conditions of installation and use. Where it is normally incorporated in any apparatus, appliance or machine, it shall be tested as so incorporated.
Connection of Generating Apparatus to Electric Supply-Lines:
2. The electric supply-line terminals of the generating apparatus under test shall be connected with the resistive networks mentioned in paragraph 1(2) of the First Schedule and through the reactors (and, if required, the filters) mentioned in paragraph 1(3), of the First Schedule, with the electric supply-lines to which the generating apparatus is connected in normal use. The leads between the electric supply-line terminals and the reactor shall be as short as is practicable and unscreened. The layout and wiring of the generating apparatus shall not be altered more than is necessary to comply with this Schedule.
Primary Adjustment of Measuring Apparatus:
3. The receiver of the measuring apparatus shall be connected with an appropriate source of electricity supply and the attenuators shall be set at maximum loss, and the zero control of the valve-voltmeter shall be adjusted to bring the tune to the frequency, as indicated by the main tuning-dial calibrations, at which it is desired to test, and its gain shall be set to that use when measuring apparatus was calibrated.
Input Connection of Measuring Apparatus:
4. (1) One of the receiver input terminals of the measuring apparatus shall be connected with one of the electric supply-line terminals of the generating apparatus, and the other receiver input terminals shall be connected to earth, the other electric supply line terminals of the generating apparatus shall be connected to earth, through the 75 ohms resistive networks mentioned in paragraph 1(2) of the First Schedule.
(2) The shortest practicable length of unscreened connecting lead shall be used.
Making the Measurement:
5. (1) The radio-frequency amplifier of the receiver shall be trimmed to give maximum deflection of the meter needle.
(2) The attenuators shall then be adjusted to bring the meter needle to the reference deflection mark, the radio-frequency attenuator being adjusted so that the intermediate frequency attenuator is set to the lowest possible value in excess of 10 decibels.
Interpretation of Results:
6. The voltage between the electric supply-line terminal of the generating apparatus with which the receiver is connected and earth, expressed in decibels above 1 microvolt, will be given by the sum of–
(a) the reading of the attenuators;
(b) the calibration constant, if any appropriate to the frequency at which the measurement is being made; and
(c) the reading of the meter, if calibrated in decibels.
If the result obtained is decibels, the voltage expressed in microvolts is given by the antilog to the base 10 of
Tests:
7. (1) A set of tests shall be made in each case, as follows–
(a) a check test which the generating apparatus in not operating;
(b) a main test which shall include readings taken while the generating apparatus is operating and at times when the switchgear (if any) of the generating apparatus is bringing the generating apparatus into and out of operation and when the controlling apparatus (if any) of the generating apparatus is operating;
(c) a further check test as mentioned in subparagraph (a): This set of tests shall be made first with the receiver connected with one of the electric supply-line terminals of the generating apparatus and shall be repeated with the receiver connected with the other (or each of the others of such terminals).
(2) If a click (as opposed to a buzz of appreciable duration) is heard in the monitoring loud-speaker or earphones at any time when the switchgear or controlling apparatus of the generating apparatus is operating, then provided than not more than one further click is heard during a period of two seconds immediately following the first, the readings of the measuring apparatus appearing within those two seconds shall be disregarded for the purpose of these Regulations.
(3) If the maximum reading obtained on any main test exceeds the maximum reading obtained on either of the check tests made before or next after the main test by at least 10 decibels; the readings obtained on that main test are to be regarded as not materially affected by extraneous noise or signals. Otherwise the readings obtained on that main test are to be regarded as materially affected by extraneous noise or signals, and the results of that main test shall be disregarded for the purpose of these Regulations.
THIRD SCHEDULE
METHOD AND CONDITIONS OF MEASURING FIELD STRENGTH GENERAL
(Regulation 4(2))
(A) IGNITION APPARATUS
1. Where ignition apparatus is being tested it shall be tested as installed in the engine. If the engine is to form part of a vehicle or vessel which is to be used, sold or let on hire by the assembler or importer the test shall be made with the engine installed in the vehicle or vessel.
2. All electric apparatus (other than the generating apparatus or electric supply-line under test and apparatus, appliance, or machine in which it is incorporated) which is installed in proximity to the generating apparatus or electric supply-line and which in operation could appreciably affect the result of the test, shall be switched off or otherwise prevented from being energised by complete or partial electrical disconnection.
3. Where the apparatus under test is part of an engine, the engine shall be rapidly accelerated from adding speed during the cause of the test.
(B) GENERATING APPARATUS OTHER THAN IGNITION APPARATUS
1. The generating apparatus or electric supply-line under test shall, so far as is consistent with the following paragraphs of this Schedule, be tested under its normal conditions of installation and use. Where it is normally incorporated in any apparatus, appliance or machine, it shall be tested as so incorporated.
2. Save in the case of generating apparatus which is not connected or designed to be connected, to electric supply-line, terminals of the generating apparatus under test shall be connected with the resistive network mentioned in paragraph 1(2) of the First Schedule and, through the reactors (and, if required), the filters mentioned in paragraph 1(3) of the First Schedule to the electric supply-lines to which the generating apparatus is the connected in formal use. The leads between the electric supply-line terminals and the generating apparatus shall not be altered more than in necessary to comply with this Schedule.
3. All electric apparatus (other than the generating apparatus or electric supply-line under test and any apparatus, appliance, or machine in which it is incorporated) which is installed in proximity to the generating apparatus or electric supply-line and which in generating could appreciably affect the result of the test, shall be switched off or otherwise prevented from being energised by complete or partial electrical disconnection.
DISTANCE OF SERIAL
1. The distance between the serial of the measuring apparatus and the generating apparatus under test shall be measured as a direct line from the centre point of the serial to the nearest point of the generating apparatus under test.
2. The distance between the serial and any electrical conductor, other than an electrical supply-line under test or electrical supply-line connected to generating apparatus under test, shall not be less than 10 metres.
PRELIMINARY ADJUSTMENT OF MEASURING APPARATUS
3. The receiver of the measuring apparatus shall be connected with an appropriate source of electric supply, the attenuators shall be set at maximum loss, and the zero control of the valvemeter to the zero mark. The receiver shall be tuned to the frequency as indicated by the main tuning-dial calibrations, at which it is desired to test, and its gain shall be set to that used when the measuring apparatus was calibrated.
INPUT CONNECTION OF MEASURING APPARATUS
4. The receiver shall be connected to the serial and the feeder mentioned in paragraph 4 of the First Schedule.
MAKING THE MEASUREMENT
5. (1) The radio-frequency amplifier tuning of the receiver shall be trimmed to give maximum deflection of the meter needle.
(2) The attenuators shall then be adjusted to bring the meter needle to the reference deflection mark, the radio frequency attenuator being adjusted so that the intermediate frequency attenuator is set to the lowest possible value in excess of 10 decibels.
INTERPRETATION OF RESULTS
6. The field-strength expressed in decibels above 1 microvolt per metre will be given by the sum of–
(a) the readings of the attenuator;
(b) the field-strength calibration constant (if any) appropriate to the frequency at which the measurement is being made; and
(c) the reading of the meter, if calibrated in decibels.
If the result obtained is x decibels, the field-strength expressed in microvolts per metre is given by the antilog to the base 10 of
TESTS
7. (1) A set of tests shall be made in each case, as follows–
(a) a check test made while the generating apparatus or power line is not operating;
(b) a main test which shall include readings taken while the generating apparatus or electric supply line is operating and at time when the switchgear (if any) of the generating apparatus is bringing the generating apparatus into and out of operation and when the controlling apparatus (if any) of the generating apparatus or electric supply-line is operating; and
(c) a further check test as mentioned in subparagraph (a).
(2) If a click (as opposed to a buzz of appreciable duration) is heard in the monitoring loudspeaker or earphones at any time when the switchgear of controlling apparatus of the generating apparatus is operating, then provided that not more than one further click is heard during the period of two seconds immediately following the first, the readings of the measuring apparatus appearing within that period of two seconds shall be disregarded for the purpose of these Regulations.
(3) If the maximum reading obtained on any main test exceeds the maximum reading obtained on either of the check tests made next before or next after the main test by at least 10 decibels, the reading obtained on that main test are to be regarded as not materially effected by extraneous noise of signals. Otherwise the readings obtained on that main test are to be regarded as materially affected by extraneous noise or signals and the results of that main test shall be disregarded for the purpose of these Regulations.
FOURTH SCHEDULE
[Omitted.]
G.N. No. 90 of 1993
PART I
PRELIMINARY PROVISIONS (regs 1-2)
1. Citation
These Regulations may be cited as the Tanzania Telegraph Regulations.
2. Interpretation
In these regulations, except where the context requires otherwise–
"address" means the part of a telegram which consists of the name and address of the addressee;
"admissible language" means Afrikaans, Arabic, Esperanto, Hebrew, Hindi, Japanese, Kiswahili, Latin, Malagasy, Malay, Urdu, and modern European language, or an African language used by any of the indigenous tribes or groups in the United Republic;
"certified copy" in relation to a telegram means a copy of telegram certified by an authorised officer as being a true copy of the original telegram tendered for transmission by sender;
"Commonwealth Social Telegram" means an outward foreign telegram transmitted within the Commonwealth and consisting solely of greetings, family news, or matter relating to non-commercial personal affairs, and accepted as such at a reduced rate of charge on condition that it may be deferred in transmission and delivery in the same manner as a foreign letter telegram;
"cypher language" means secret language formed of groups of series of arabic numerals having a secret meaning;
"delivery area" means in relation to any terminal office, an area within which delivery of a telegram is made from such office;
"foreign letter telegram" means an outward foreign telegram accepted as such at a reduced rate of charge on condition that it may be transmitted and delivered partly by means other than the telegraph services;
"foreign telegram" means a telegram which–
(a) originated in the United Republic for transmission to addressee outside; or
(b) originated outside the United Republic for transmission to an addressee within the United Republic;
"inland telegram" means a telegram which is tendered by a sender in the United Republic for transmission to an addressee in the United Republic;
"newspaper" means a news agency broadcasting organisation, and any periodic publication which the Director-General may recognise as a newspaper for the purpose of these Regulations;
{mprestriction ids="1,2,3"}
"outward foreign telegram" means a foreign telegram which originates in the United Republic for transmission to an addressee outside the United Republic;
"paid service indication" means a word, letter or group of letters, inserted at a selected part of a telegram to indicate to the terminal office the supplementary service, if any, which is being used in connection with the telegram;
"paid service telegram" means a telegram sent in a form approved by the Director-General and requesting information from or containing instructions to a telegraph office;
"plain language" means language consisting of words, figures or letters combined into sentences or phrases conveying an intelligible meaning in one or more of the admissible languages, each word and each expression having the meaning normally assigned to it in the language which it belongs, and the following shall be deemed to be plain language for the purpose of this definition–
(a) numbers written in letters or figures and groups composed either of letters or figures where such numbers of groups have no secret meaning;
(b) arbitrary or abbreviated addresses;
(c) commercial marks, trade marks, designation of goods, arbitrary technical terms used to denote machines or parts of machines, reference numbers or indications, and other expressions of the same kind, where such marks, designations, technical terms reference numbers, indications, and other expressions are shown in a catalogue available to the public, or in a price list, invoice, bill of lading or similar documents, and whether such marks, designations, technical terms, reference numbers, indications or expressions are composed of letters, figures or signs;
(d) exchange or market quotations;
(e) groups representing meteorological observations and forecasts:
Provided that such groups shall be deemed to be plain language only in the case of foreign telegrams;
(f) abbreviated expressions in common used in ordinary or commercial correspondence such as f.o.b., c.i.f., or any similar expression, the admissibility of which shall be determined by the Director-General;
(g) single check word or check number placed at the beginning of the text and not exceeding five letters or five figures in length;
"plain language telegram" means a telegram of which the text is wholly in plain language;
"press correspondent" means a person authorised by the Director-General under these Regulations to send press telegrams;
"press telegram" means a telegram which is transmitted or intended for transmission to the offices of a newspaper and of which the text consists exclusively of information, comment, report and narratives, on subjects of public interest for the time being intended for publication in a newspaper with or without a telegram originating in or part of its course through a radiocommunication station;
"radiotelegram" means a telegram originating in or destined for a vessel and transmitted for intended for transmission over all or part of its course through a radiocommunication station;
"registered telegraphic address" means–
(a) in respect of addresses in Tanzania an abbreviated telegraphic address registered with the Director-General under Part V of these Regulations;
(b) in respect of addresses outside Tanzania an abbreviated telegraphic address registered with the appropriate authority in the country of the address;
"renter" means a person who under Part VII of these Regulations, has entered into an agreement with the Director-General for the provision to him of private telegraph service;
"secret language" means language other than plain language;
"secret language telegram" means a telegram containing in text one or more words in secret language;
"sender" means–
(a) a person who, under these Regulations, may be required to sign his name on the back of a telegram form; or
(b) a person who, in accordance with arrangements made with the Director-General has telephoned a telegram of transmission; or
(c) renter who has sent by his private telegraph services a telegram for transmission; or
(d) a person who, in accordance with arrangements made with the Director-General, transmits a telegram by means of the radiocall services; or
(e) telex subscriber who, has by telex, sent a telegram for transmission;
"standard text telegram" means a telegram the text of which has been selected by the sender from a number of standard texts notified for the purpose by the Director-General in accordance with the provisions of these Regulations;
"supplementary services" means services in addition to the normal transmission and delivery of a telegram which the sender requires to be performed in connection with the telegram;
"terminal office" means the office from which a telegram is to be delivered to the addressee;
"text" means that part of a telegram which does not consist of the address or signature.
PART II
GENERAL CONDITIONS OF ACCEPTANCE AND TRANSMISSION
OF TELEGRAMS (regs 3-7)
3. General conditions
(1) No telegram shall be transmitted or accepted for transmission by the Corporation which contravenes any of the provisions of the Act or of these Regulations or in respect of which the charges for transmission have not been prepaid:
Provided that the Director-General may permit–
(a) a telephone subscriber to telephone telegrams for transmission;
(b) a renter to send by his private telegraph service telegrams for transmission;
(c) collect telegrams to be sent in accordance with the provisions of these Regulations;
(d) a radiocall service subscriber to telephone telegrams for transmission;
(e) a telex subscriber to send by telex a telegram for transmission, without prepayment of the charges.
(2) Any telegram accepted for transmission by the Corporation in contravention of the provisions of this Regulation may be withdrawn from transmission and returned to the sender or dealt with in such manner as the Director-General may direct.
4. Prohibited telegram
No telegram shall be transmitted or accepted for transmission by the Corporation which contains–
(a) anything which is grossly offensive or of an indecent, obscene, or menacing character; or
(b) anything contrary to the laws of the United Republic or dangerous to the security of the United Republic or to public order.
5. Exemption of the Corporation from liability for telegraphic services
The Corporation shall not incur any liability–
(a) by reason of the interruption, whether total or partial, of the telegraph services;
(b) by reason of any delay in the transmission of any telegram or by reason of an error in commission from or non-delivery or misdelivery of any telegram; or
(c) by reason of the non-transmission, detention or disclosure of any telegram in accordance with these Regulations.
6. Form of telegram
(1) A telegram shall consist of the address followed by the text, and the text may, if the sender so desires, be followed by signature.
(2) No telegram shall be accepted for transmission or delivery unless all the letters are written in Roman characters and all the figures in Arabic numerals.
(3) The addressee of a telegram shall consist of name and address or the registered telegraphic address of the addressee, and the address shall contain all particulars necessary to ensure delivery of the telegram to the addressee without difficulty or the necessity of making enquiries.
(4) The sender of a telegram may, if he so desires, include as part of the telegram a signature designed to inform the addressee as to the person who sent the telegram, but the Director-General may in any case, other than where a telegram is telephoned or sent by the telex service in accordance with the provisions of these Regulations, require the sender of a telegram, before it is transmitted, to sign his name and address on the back of the telegram form and in the space provided for the purpose though not with the view to such name and address forming part of the telegram to be transmitted.
7. Prepayment of service charges
(1) All charges in respect of the transmission of telegrams and all other rendered in connection therewith shall, save as is otherwise provided in these Regulations, be prepaid by the sender.
(2) Where it is found that any sum payable in respect of a telegram, or of any service rendered in connection therewith has not been paid, then the sender of the telegram shall be liable to pay such sum.
PART III
INLAND TELEGRAMS (regs 8-38)
Ordinary Telegrams (regs 8-9)
8. Inland ordinary telegram
For the purpose of these Regulations, an inland ordinary telegram means an inland telegram, whether in plain language or secret language or cypher language, which is not a press telegram, a standard text telegram nor a radiotelegram.
9. Supplementary services for inland ordinary telegrams
The supplementary services available for inland ordinary telegrams shall be–
(a) the urgent service;
(b) the greetings service;
(c) the multiple address service;
(d) the prepaid reply service;
(e) the collation service;
(f) the postal delivery service;
(g) the poste restante service;
(h) the collect service;
(i) the telephone delivery service;
(j) the radiocall delivery service;
(k) the telex delivery service.
Inland Press Telegram (regs 10-14)
10. Persons who may send inland press telegrams
(1) Subject to these Regulations, the who Director-General may grant any correspondent or representative of a newspaper an authority as a press correspondent to send inland press telegrams.
(2) An inland press telegram may be tendered for transmission only by a press correspondent.
(3) Where an inland press telegram is tendered for transmission an authorised officer may require the person tendering it to produce his authority as a press correspondent.
11. Address of inland press telegrams
(1) An inland press telegram shall be addressed only to a newspaper, either by its registered telegraphic address or otherwise, of which the press correspondent tendering such telegram is a correspondent or representative, and shall not be addressed to any person by name, title or designation.
(2) The paid service indication "=Press+" shall be written before the address of every inland press telegram and such indication shall be charged for as one word.
12. Contents of inland press telegram
(1) An inland press telegram shall be written in plain language and the language shall be either English or Swahili or, if it is an admissible language, the language in which the news paper receiving the telegram is produced:
Provided that a quotation from any admissible language other than that in which such telegram is written may be inserted in such telegram.
(2) Stock exchange and market quotation, results of sporting events and meteorological observations and forecasts may be transmitted in inland press telegrams by means of figures or groups of figures, but an authorised officer may require the press correspondent tendering such telegram for transmission to satisfy him that the figures purporting to be stock exchange or market quotations, or the results of sporting events or meteorological observations or forecasts, are in fact such figures.
(3) Any inland press telegram shall not contain any matter of a private nature or any announcement or communication or advertisement for the insertion of which in a newspaper a payment is usually made, or any advertisement which is inserted free of charge.
(4) Where an inland press telegram contains instructions relative to its publication such instructions shall be written in parenthesis either at the beginning or the end of the text and shall be chargeable at the same rate as the text:
Provided that such instructions shall not amount to more than 5 percent of the total number of words in the text or ten words whichever is the less.
13. Supplementary service for inland press telegram
The supplementary services available for inland press telegrams shall be limited to–
(a) the urgent service;
(b) the multiple address service;
(c) the collect service.
14. Power to refuse inland press telegram
The Director-General may refuse to transmit a telegram as an inland press telegram where, in his opinion, such a transmission would involve an abuse of the press telegram service or be attended by inconvenience to the public service.
Standard Text Telegram (regs 15-16)
15. Contents of inland standard text telegram
(1) The Director-General may notify a number of different standard texts, consisting of standard forms or words, for a telegram and the sender of a telegram may select as the text thereof one of such standard texts.
(2) To the standard text so selected the sender of an inland standard text telegram shall add the address of the addressee, and he may also add a signature consisting of not more than two words.
16. Supplementary service for inland standard text telegrams
The supplementary services available for inland standard text telegrams shall be limited to–
(a) the greetings services;
(b) the multiple address service.
Radiotelegrams (regs 17-18)
17. Limitation on transmission of inland radio telegrams
An inland radiotelegram shall be transmissible only between telegraph offices of the Corporation and vessels on the Tanzania Railways Corporation and the Tanzania Harbours Authority on the inland waters of the United Republic or telegraph offices of the said Corporation and Authority for transmission to such vessels.
18. Supplementary services for inland radio telegrams
The supplementary services available for inland radiotelegrams shall be–
(a) urgent service;
(b) the greetings service;
(c) the multiple address service;
(d) the prepaid reply service;
(e) the collation service;
(f) the postal delivery service;
(g) the poste restante service;
(h) the collect service;
(i) the telephone delivery service;
(j) the telex delivery service;
(k) the radiocall delivery service.
Supplementary Services (regs 19-38)
19. Supplementary services for inland telegrams
Subject to these Regulations the sender of an inland telegram shall be entitled to the following supplementary services in connection with such telegrams–
(a) urgent service;
(b) the greeting service;
(c) the multiple address service;
(d) the prepaid reply service;
(e) the collation service;
(f) the postal delivery service;
(g) the poste restante service;
(h) the collect service;
(i) the telephone delivery service,
(j) the telex delivery service,
(k) the radiocall delivery service.
20. Urgent service
(1) The urgent service is a supplementary service entitling subject to any directions given by the Director-General in relation to the order of transmission of telegrams, an inland telegram sent by such service, to priority of treatment as regards transmission and delivery over all other types of inland telegrams; and for the purposes of these Regulations an inland urgent telegrams means an inland telegram sent by the urgent service.
(2) In the case of an inland telegram the paid service indication "=urgent=" shall be inserted before the address, and such indication shall be charged for as one word at the rate of charge applicable to the telegram of which it forms part.
21. Greetings service
(1) The greetings service is a supplementary service whereby an inland telegram by such service is to be delivered to the addressee written on an ornamental form and enclosed in an ornamental envelope, and for the purposes of these Regulations an inland greetings telegram means an inland telegram sent by the greetings service.
(2) In the case of an inland greetings telegram the paid service indication "-LX=" shall be inserted before the address and such indication shall be charged for as one word at the rate of charge applicable to the telegram of which it forms part.
22. Multiple address service
(1) The multiple address service is a supplementary service whereby an inland service telegram sent by such service is to be delivered to one person at two or more addresses, or to two or more persons at one or more addresses, where all such addresses are within delivery area of the same terminal office, and for the purpose of these Regulations an inland multiple address telegram means an inland telegram sent by the multiple address service.
(2) An inland multiple address telegram shall, for the purpose of ascertaining the charge therefor be treated as if it were one telegram with one address consisting of all the addresses thereof.
(3) In the case of an inland multiple address telegram the paid service indication "=TM=" shall be inserted before the address, and such indication shall be charged for as one word at the rate of charge applicable to the telegram which it forms part.
(4) Where the sender of a multiple address telegram requires each addressee to be advised of the other addressee to which the telegram has been sent, an additional paid service indication "=CTA=" shall be inserted before the address, and such indication shall be charged for as one word at the rate of charge applicable to the telegram of which it forms part.
23. Prepaid reply service
(1) The prepaid reply service is a supplementary service whereby the sender of an inland telegram sent by such service may prepay the charges for a telegram in reply thereto; and for the purpose of these Regulations an inland prepaid reply telegram means an inland telegram sent by the prepaid reply service.
(2) Where an inland prepaid reply telegram is delivered to the addressee there shall be delivered therewith a voucher specifying the amount prepaid by the sender and such addressee may within three months of the date of the issue of such voucher, use it in the payment or part payment, as the case may be, of a telegram in reply; and if such voucher is insufficient to meet the charges for such telegram in reply the excess account of such charges shall be paid by the sender of such telegram in reply.
(3) In the case of an inland prepaid reply telegram the paid service indication "=RP=" followed by the amount prepaid shall be inserted before the address, and such indication and amount shall be charged for as one word at the rate of charge applicable to the telegram of which it forms part.
24. Collation service
(1) The collation service is a supplementary service whereby an inland telegram sent by such service is collated, that is to say, each stage of the transmission thereof checked by repetition from telegraph office to telegraph office throughout its course, but the sender thereof shall not be entitled to any copy of the telegram as so repeated; and for the purposes of these Regulations, an inland collated telegram means an inland telegram sent by the collation service.
(2) In the case of an inland telegram the paid service indication "=TC=" shall be inserted before the address, and such indication shall be charged for as one word at the rate of charge applicable to the telegram of which it forms part.
25. Postal delivery service
(1) The postal delivery service is a supplementary service whereby an inland telegram sent by such service is transmitted by the telegraph services to a terminal office at a seaport or airport in Tanzania and is thereafter transmitted by the postal services to an address outside Tanzania and for the purposes of these Regulations an inland postal delivery telegram means an inland telegram sent by the postal delivery service.
(2) Where the sender of an inland postal delivery telegram desires it to be sent–
(a) to a seaport for transmission thereafter by unregistered surface mail the paid service indication "=Posts=" followed by the name of such seaport shall be inserted after the address, and such indication and name shall be charged for as one word at the rate of charge applicable to the telegram of which it forms part;
(b) to a seaport for transmission thereafter by registered surface mail, the paid surface indication "=PR=" followed by the name of such seaport shall be inserted after the address, and such indication and name shall be charged for as one word at the rate of charge applicable to the telegram of which it forms part;
(c) to an airport for transmission thereafter by unregistered air mail the paid service indication "=PAV=" followed by the name of such airport shall be inserted after the address, and such indication and name shall be charged for as one word at the rate of charge applicable to the telegram of which it forms part;
(d) to an airport for transmission thereafter by registered airmail the paid service indication "=PAVR=" followed by the name of such airport shall be inserted after the address, and such indication and name shall be charged for as one word at the rate of charge applicable to the telegram of which it forms part.
26. Telephone delivery service
(1) The telephone delivery service is a supplementary service whereby an inland telegram sent by such service is delivered to the addressee from the terminal office by telephone, and for the purposes of these Regulations an inland telephone delivery telegram means an inland telegram sent by the telephone delivery service.
(2) In the case of an inward telephone delivery telegram the paid service indication "=TFx=" (x being the telephone number of the addressee) shall be inserted before the address and such indication shall be charged for as one word at the rate of charge applicable to the telegram of which it forms part.
27. Telex delivery service
(1) The telex delivery service is a supplementary service whereby inland telegram sent by such service is delivered to the addressee from the terminal office by telex, and for the purposes of these Regulations an inland telex delivery telegram means an inland telegram sent by the telex delivery service.
(2) In the case of an inward telex delivery telegram the paid service indication "=TLXx=" (x being the number of the addressee's telex station) shall be inserted before the address and such indication shall be charged for as one word at the rate of charge applicable to the telegram of which it forms part.
28. Radiocall delivery service
(1) The radiocall delivery service is a supplementary service whereby an inland telegram sent by such service is delivered to the addressee from the terminal office by the radiocall service, and for the purposes of these Regulations an inland radiocall delivery telegram means an inland telegram sent by the radiocall delivery service.
(2) In the case of an inland radiocall delivery telegram the paid service indication "=RADIOCALLx=" (x being the call number of the addressee and if necessary the name of radiocall control exchange) shall be inserted before the address and such indication shall be charged for as one word at the rate of charge applicable to the telegram of which it forms part.
29. Poste restante service
(1) The poste restante service is a supplementary service whereby an inland telegram may be addressed to an addressee by name including if possible his Christian or given name at a Post office in the United Republic to be left there until called for by the addressee; and for the purposes for these Regulations an inland poste restante telegram means an inland telegram sent by the poste restante service.
(2) An inland poste restante telegram shall, if not sooner called for be retained at the Post Office to which it is addressed for a period of one month and shall then be treated as undelivered postal correspondence.
(3) In the case of an inland poste restante telegram the paid service indication "=GP=" shall be inserted before the address, and such indication shall be charged for as one word at the rate of the charge applicable to the telegram of which it forms part.
30. Collect service
(1) The collect service is a supplementary service whereby an inland telegram may be sent by the sender without prepayment of the charge therefor, such charges being recovered from the addressee and for the purposes of these Regulations an inland collect telegram means an inland telegram sent by the collect service.
(2) An inland collect telegram may be sent only where–
(a) the addressee has deposited with the Director-General such sum of money as the Director-General may specify to cover the cost of such inland collect telegrams as the addressee may authorise to be sent to him:
Provided that the Director-General may permit the addressee to give a banker's guarantee in such sum instead of depositing a sum of money; and
(b) the Director-General has given written authority to the sender to send inland telegram of such type as may be specified in the authority to the addressee; and
(c) such inland telegram is for a type which the sender is authorised to send;
(d) the sender produces such authority to an authorised officer when he tenders an inland telegram for transmission.
31. Cancellation of inland telegram
(1) Subject to this Regulation the sender of an inland telegram may cancel such telegram.
(2) Any inland telegram shall not be cancelled unless the person requesting such cancellation satisfied an authorised officer that he is the sender, or the duly authorised agent of the sender of such telegram.
(3) Where–
(a) the transmission of the inland telegram to be cancelled has not commenced it shall be cancelled and shall not be transmitted;
(b) the transmission of such telegram has been commenced a paid service telegram shall be transmitted to the terminal office cancelling such telegram, and if such paid service telegram is received at such office before such telegram is despatched for delivery, such telegram shall be cancelled and shall not be delivered;
(c) the inland telegram to be cancelled has been delivered to the addressee before it could be cancelled, the addressee shall, unless the sender has given instructions to the contrary, be informed of the attempt made to cancel it.
(4) The address of an inland telegram shall not be amended unless the person requesting such amendment satisfied an authorised officer that he is the sender of the duly authorised agent of the sender of such telegram.
32. Repeated delivery of inland telegram
(1) Subject to this Regulation, the sender of an inland telegram which has not been delivered owing to the addressee being unknown at the address or for any other reason may request that such telegram be re-tendered at the original address or that it be transmitted to an amended address.
(2) The address of an inland telegram shall not be amended unless the person requesting such amendment satisfies an authorised officer that he is the sender or the addressee or the duly authorised agent of the sender of such telegram.
33. Certified copy of inland telegram
(1) Subject to this regulation, the sender of the addressee of an inland telegram may obtain a certified copy of such telegram.
(2) A certified copy of an inland telegram shall not be supplied to the person requesting such copy unless he satisfied an authorised officer that he is the sender or the addressee or the duly authorised agent of the sender of such telegram.
(3) Where the sender or addressee of an inland telegram has requested a certified copy thereof then such sender of addressee as the case may be shall pay the appropriate fee.
34. Redirection of inland telegram
(1) An inland telegram may, on the request of any person at the address to which the telegram is delivered and apparently authorised to make such request, be redirected to the addressee at a new address.
(2) Where–
(a) the new address is in the same delivery area as the original address, the appropriate charge may be paid by the person requesting the redirection to the addressee at a new address;
(b) the new address is not in the same delivery area as the original address, the appropriate charge may be paid by the person requesting the redirection or by the addressee and if such charge is not so paid then the sender shall be liable therefor, and in any such case the paid service indication "=RE-DIRECTED FROM=" shall be inserted before the original address and shall be charged for as one word at the rate of charge applicable to the telegram of which it forms part.
35. Supply of name and address of sender
(1) Subject to this regulation, the addressee of an inland telegram may obtain the name and address of the sender thereof.
(2) The name and address of the sender of an inland telegram shall not be supplied unless the person requesting it satisfies an authorised officer that he is the addressee or the duly authorised agent of the addressee, of such telegram.
(3) Where–
(a) the addressee desires urgently to obtain the name and address of the sender of an inland telegram, then such information shall be obtained and transmitted to the addressee by means of the telegram service;
(b) the addressee desires to obtain such information but does not desire urgently, then such information shall be obtained and transmitted to the addressee by means of the postal services without charges.
36. Repetition of inland telegram
Where the addressee of an inland telegram doubts its accuracy then upon furnishing the time, date and telegraph office of origin of such telegram, he may obtain a repetition of the whole or any part of such telegram without charge.
37. Mode of delivery of inland telegram
(1) Subject to the Regulations, the delivery of an inland telegram–
(a) to the servant or agent of the addressee, or other person apparently authorised to receive it, at the address shown on such telegram;
(b) to the proprietor, manager, secretary, or other apparently authorised agent, of the hotel, club or other similar institution, where the address shown on such telegram is a hotel, club, or other similar institution shall, unless any of such person refuses to accept it, be deemed to be a delivery of such telegram to the addressee.
(2) Where an inland telegram is addressed to an addressee at a telephone number, then such telegram shall be deemed to have been delivered on telephoning it to such telephone number.
(3) Where the addressee of an inland telegram is a telephone subscriber or a telex subscriber or a radiocall subscriber then such telegram may be delivered by telephoning it to the addressee's telephone number or transmitting it to his telex installation or radiocall service number as the case may be, and thereupon such telegram is not addressed for delivery in such manner a confirmatory copy of the telegram shall be sent to the address by post.
(4) Where under the provisions of these Regulations a telegram is required to be delivered by post, then such telegram shall be deemed to have been delivered when it is posted to the addressee at the address shown on the telegram.
(5) Where an inland telegram is addressed to a radiocall service number then such telegram shall be deemed to have been delivered on transmitting it to such radiocall service number.
(6) An inland telex delivery telegram shall be deemed to have been delivered after it has been transmitted to the addressee's telex installation and the "answer back" code of such telex installation has been received by the terminal office.
38. Delivery to passenger or crew at seaport, railway station or airport
(1) Where an inland telegram is addressed to a passenger on a ship arriving at any seaport, then delivery of such telegram may, at the discretion of the Director-General, be affected either by delivery to the passenger or to any officer of the ship before disembarkation of the passenger or by delivery to the steamship agents of such ship.
(2) Where an inland telegram is addressed to a railway passenger, or to an addressee at a railway station, then such telegram shall be deemed to have been delivered on delivery to the Station Master of such railway station.
(3) Where an inland telegram is addressed to a passenger or the member of the crew of an aircraft at an airport, then delivery of such telegram may, at the discretion of the Director-General be effected either by delivery to the airline agents of such aircraft at the airport, or to any official of such airport.
PART IV
FOREIGN TELEGRAM (regs 39-73)
General (regs 39-40)
39. Outward foreign telegram
(1) The transmission of outward foreign telegrams of any particular type and the provision of any supplementary or other services in connection therewith shall be restricted to such countries and the places as the Director-General may notify.
(2) The services and facilities referred to in this part of these Regulations may be provided at such times, during such periods and in such circumstances as the Director-General may think fit, and the conditions specified in this Part of these Regulations shall apply to such services and facilities in so far as they are provided.
40. Inward foreign telegrams
Regulations 37 and 38 shall apply to the delivery of inward foreign telegrams as they apply to the delivery of inland telegrams.
Ordinary Telegram (regs 41-42)
41. Outward foreign ordinary telegrams
For the purposes of these Regulations, outward foreign ordinary telegram means an outward foreign telegram whether in plain language or secret language or cypher language which is not a press telegram, a foreign letter telegram, a Commonwealth social telegram nor a radiotelegram.
42. Supplementary services for outward ordinary telegrams
The supplementary services available for outward foreign ordinary telegrams shall be–
(a) the urgent service;
(b) the greetings address service;
(c) the multiple address service;
(d) the prepaid reply service;
(e) the collation service;
(f) the notification of delivery service;
(g) the telegram to follow addressee service;
(h) the delivery by post service;
(i) the express delivery service;
(j) the telephone delivery service;
(k) the poste or telegram restante service;
(l) the collect service;
(m) the telex delivery service.
Foreign Press Telegrams (regs 43-47)
43. Persons who may send outward foreign press telegrams
(1) Subject to these Regulations, the Director-General may grant to any correspondent an authority to send outward foreign press telegrams.
(2) An outward foreign press telegram may be tendered for transmission only by a press correspondent.
(3) Where an outward foreign press telegram is tendered for transmission, an authorised officer may require the person tendering it to produce his authority as a press correspondent.
44. Address of outward foreign press telegram
(1) An outward foreign press telegram shall be addressed only to the newspaper, either by its registered telegraphic address or otherwise, of which the press correspondent tendering such telegram is a correspondent or representative and shall not be addressed to any person by name, title or designation.
(2) The paid service "=Press=" shall be written before the address of every outward foreign press telegram and such indication shall be charged for as one word.
45. Contents of outward foreign press telegrams
(1) An outward foreign press telegram shall be written in plain language and the language shall be either English or French or, if it is an admissible language, the language in which the newspaper receiving the telegram is produced or the language of the country of destination:
Provided that a quotation from any admissible language other than that in which such telegram is written may be inserted in such telegram.
(2) Stock exchange and market quotations results of sporting events, and meteorological and forecasts may be transmitted in outward foreign press telegrams by means of figures or groups of figures, but an authorised officer may require the press correspondent tendering such telegram for transmission to satisfy him that the figures purporting to be stock exchange or market quotations or results of sporting events, or meteorological observation or forecasts, are in fact such.
(3) An outward foreign press telegram shall not contain any matter of private nature or any announcement or communication or advertisement for the insertion of which in a newspaper a payment is usually made, or any advertisement which is inserted free of charge.
(4) Where an outward foreign press telegram contains instructions relative to its publication, such instructions shall be written in parenthesis either at the beginning or end of the text and shall be chargeable at the same rate as the text:
Provided that such instructions shall not amount to more than 5 percent of the total number of words in the text or to ten words whichever is the less.
46. Supplementary services for outward foreign press telegrams
The supplementary services available for outward foreign press telegrams shall be limited to–
(a) the urgent service;
(b) the multiple address service;
(c) the collect service.
47. Refusal to transmit a telegram
The Director-General may refuse to transmit a telegram as an outward foreign press telegram where, in his opinion, such a transmission would involve an abuse of the press telegram service or be attended by inconveniences to the public service.
Foreign Letter Telegrams (regs 48-51)
48. Contents and transmission of foreign letter telegram
(1) A foreign letter telegram shall be written entirely in plain language.
(2) An outward foreign radiotelegram shall not be transmissible as a foreign letter telegram.
(3) A foreign letter telegram may be transmitted and delivered by post, special messenger, telephone, teleprinter or such other means as the telegram administration of the country of destination or the person licensed to provide telegraph services with the country of destination and transmitting such telegram may direct.
(4) The paid service indication "=LT=" shall be written before the address of every foreign letter telegram and such indication shall be charged for as one word.
49. Supplementary services for foreign letter telegrams
(1) The supplementary service available for foreign letter telegrams shall be limited to–
(a) the greetings service;
(b) the multiple address service;
(c) the prepaid reply service;
(d) the delivery by post service;
(e) the poste restante telegraph service;
(f) the collect service;
(g) the telegram to follow addressee service;
(h) the telephone delivery service;
(i) the telex delivery service.
50. Contents and transmission Commonwealth social telegram
(1) A Commonwealth social telegram shall be written entirely in plain language and shall be addressed either to a full postal address or to a registered telegraphic address or to a telephone address.
(2) No more than one third of the words in a Commonwealth social telegram shall consist of groups of figures.
(3) A Commonwealth social telegram may be transmitted and delivered in the same manner as a foreign letter telegram.
(4) The paid service indication "=GLT=" shall be inserted before the address in the same manner as a foreign letter telegram.
51. Supplementary service for Commonwealth social telegrams
The supplementary services available for Commonwealth social telegrams shall be limited to–
(a) the greetings service;
(b) the prepaid reply service;
(c) the collect service;
(d) the telephone delivery service;
(e) the delivery by post.
Foreign Radiotelegrams (regs 52-54)
52. Transmission of outward foreign radio telegrams
An outward foreign radiotelegram shall be transmissible only to ship (other than a vessel of Tanzania Railways Corporation and the Tanzania Harbours Authority on the inland waters of the United Republic) which is within the range of the radiocommunication station through which the telegram is to be transmitted and is not in a port.
53. Address of foreign radiotelegrams
The address of an outward foreign radiotelegram shall contain–
(a) the name or description of the addressees; and
(b) the name of the ship and, if there are two ships of the same name, the call sign thereof; and
(c) the name of the land radiocommunication station in the United Republic or the name of the foreign land radiocommunication station, through which such radiotelegram is to be transmitted,
and the name and call sign of the ship shall be charged for as one word and the name of the radiocommunication station shall be charged for as one word.
54. Supplementary service for outward foreign radiotelegrams
The supplementary services available for outward foreign radiotelegrams shall be entitled to–
(a) the multiple address service;
(b) the prepaid reply service;
(c) the collation service;
(d) the collect service.
Supplementary Services (regs 55-69)
55. Supplementary services for outward telegrams
Subject to these Regulations the sender of an outward foreign telegrams shall be entitled to the following supplementary services in connection with such telegrams–
(a) the urgent service;
(b) the greetings service;
(c) the multiple address service;
(d) the prepaid reply service;
(e) the collation service;
(f) the notification of delivery service;
(g) the telegram to follow addresses service;
(h) the delivery by post service;
(i) the express delivery service;
(j) the telephone delivery service;
(k) the poste or telegraph restante service;
(l) the collect service;
(m) the telex delivery service.
56. Supplementary services for inward foreign telegrams
The Corporation may make arrangements with other telegraph administrations and with persons licensed to provide telegraph services between any other place and the United Republic as to the supplementary or other services which may be provided by the Corporation in connection with inward foreign telegrams.
57. Urgent service
(1) The urgent service is a supplementary service entitling subject to any directions given by the Director-General or any other appropriate authority in relation to the order of transmission of telegrams, an outward foreign telegram sent by such service, to priority of treatment as regards transmission and delivery over all other types of outward foreign telegrams; and for the purposes of these Regulations an outward foreign urgent telegram means an outward foreign telegram sent by the urgent service.
(2) In the case of an outward foreign urgent telegram, the paid service indication "=Urgent=" shall be inserted before the address and such indication shall be charged for as one word at the rate of charge applicable to the telegram of which it forms part.
58. Greetings service
(1) The greetings service is a supplementary service whereby an outward foreign telegram sent by such service is to be delivered to the addressee written on an ornamental form and enclosed in an ornamental envelope, and for the purposes of these Regulations an outward foreign greetings telegram means an outward foreign telegram sent by the greetings service.
(2) In the case of an outward foreign greeting telegram the paid service indication "=LX=" shall be inserted before the address and such indication shall be charged for as one word at the rate of the charge applicable to the telegram of which it forms part.
59. Multiple address service
(1) The multiple address service is a supplementary service whereby an outward foreign telegram sent by such service is to be delivered to one person at two or more addresses or to two or more persons at one or more addresses, where all such addresses are within the delivery area of the same terminal office; and for the purposes of these Regulations an outward foreign multiple address telegram means an outward foreign telegram sent by the multiple address service.
(2) An outward foreign multiple address telegram shall, for the purposes of ascertaining the charge therefor, be treated as if it were one telegram with one address consisting of all the addresses.
(3) In the case of an outward foreign multiple address telegram the paid service indication "=TM=" shall be inserted before the address, and such indication shall be charged for as one word at the rate of charge applicable to the telegram of which it forms part.
(4) Where the sender of a multiple address telegram requires each addressee to be advised of the other addressee to which the telegram has been sent, an additional paid service indication "=CTA=" shall be inserted before the address and such indication shall be charged for as one word at the rate of charge applicable to the telegram of which it forms part.
60. Prepaid reply service
(1) The prepaid reply service is a supplementary service whereby the sender of an outward foreign telegram sent by such service may prepay the charges for a telegram reply thereto, and for the purposes of these Regulations, an outward foreign prepaid reply telegram means an outward foreign telegram sent by the prepaid reply service.
(2) The sender of an outward foreign prepaid telegram shall, at the time of tendering such telegram deposit an amount, which shall not be less than the minimum charge for an inward foreign ordinary telegram in plain language from the addressee to the sender, in prepayment of a telegram in the reply from the addressee, and subject to the provisions of the law of the country, in which such addressee is, such addressee may, within three months of the date of the receipt by him of such telegram, use the amount so deposited in payment or part payment, as the case may be, of a telegram in reply.
(3) In the case of an outward foreign telegram prepaid reply telegram the paid service indication "=RP=" followed by the amount prepaid shall be inserted before the address, and such indication and amount shall be charged for as one word at the rate of charge applicable to the telegram of which it forms part.
61. Collation service
(1) The collation service is supplementary service whereby an outward foreign telegram sent by such service is collated that is to say, each stage of the transmission thereof checked by repetition from telegram office to telegraph office throughout its course, but the sender thereof shall not be entitled to any copy of the telegram as so repeated and for the purposes of these Regulations, an outward foreign collated telegram means an outward foreign telegram sent by the collation service.
(2) In the case of an outward foreign collated telegram the paid service indication "-TC=" shall be inserted before the address and such indication shall be charged for as one word at the rate of charge applicable to the telegram of which it forms part.
62. Notification of delivery service
(1) The notification of delivery service is a supplementary service whereby the sender of an outward foreign telegram may be notified of the time of delivery of such telegram to the addressee.
(2) Where the sender of an outward foreign telegram wishes to be notified of the time of delivery of such telegram to the addressee, the paid service indication "=PC=" shall be inserted before the address, and such indication shall be charged for as one word at the rate of charge applicable to the telegram of which it forms part.
63. Telegram to follow addressee service
(1) The telegram to follow addressee service is a supplementary service whereby an outward foreign telegram sent by such service is delivered to each address, whether shown on the telegram or not, at which there is reason to believe that the addressee may be until either the telegram is delivered to the addressee or by reason of the whereabouts of the addressee not being known, the telegram cannot be delivered to him and for the purposes of these Regulations, an outward foreign telegram to follow addressee means an outward foreign telegram sent by the telegram to follow addressee service.
(2) The sender of an outward foreign telegram to follow addressee shall be liable to pay any charge in respect of every transmission of such telegram beyond the first transmission when such charges are not paid by the addressee.
(3) In the case of an outward foreign telegram to follow addressee the paid service indication "=FS=" shall be inserted before the address and such indication shall be charged for as one word at the rate of charge applicable to the telegram of which it forms part.
64. Delivery by post service
(1) The delivery by post service is a supplementary service whereby an outward foreign telegram sent by such service is transmitted by the telegraph service to a terminal office, whether within or outside the country of the address, and in thereafter transmitted by the postal service to the addressee; and for the purposes of this Regulation an outward foreign delivery by post telegram means an outward foreign telegram sent by delivery by post service.
(2) Where the sender of an outward foreign delivery by post telegram desires it to be delivered–
(a) by unregistered surface mail, the paid service indication "=Poste=" shall be inserted before the address, and such indication shall be charged for as one word at the rate of charge applicable to the telegram of which it forms part;
(b) by registered surface mail, the paid service indication "=PR=" shall be inserted before the address, and such indication shall be charged for as one word at the rate of charge applicable to the telegram of which it forms part;
(c) by unregistered air mail the paid service indication "=PAV=" shall be inserted before the address and such indication shall be charged for as one word at the rate of charge applicable to the telegram of which it forms part;
(d) by registered air mail, the paid service indication "=PAVR=" shall be inserted before the address, and such indication shall be charged for as one word at the rate of charge applicable to the telegram of which it forms part, and in any o such cases where the terminal office is not within the same country as the address, then the paid service indication of the name of the terminal office shall be inserted after the address and such indication shall be charged for as one word at the rate of charge applicable to the telegram which it forms part.
65. Express delivery service
(1) The express delivery service is a supplementary service whereby an outward foreign telegram sent by such service is delivered to the addressee at an address, which is outside the limit of the free delivery area of the terminal office, by special messenger and for the purposes of these Regulations an outward foreign express delivery telegram means an outward foreign telegram sent by the express delivery service.
(2) Where in the case of outward foreign express delivery telegram–
(a) the cost of delivery by special messenger is known, the sender may prepay such cost and the paid service indication "=XP=" shall be inserted before the address, and such indication shall be charged for as one word at the rate of charge applicable to the telegram of which it forms part;
(b) such cost has not been prepaid by the sender, the paid service indication "=EXPRESS=" shall be inserted before the address and such indication shall be charged for as one word at the rate of charge applicable to the telegram to which it forms part, and in any such case if the amount of such cost is not paid by the addressee it shall be recoverable from the sender.
66. Telephone delivery service
(1) The telephone delivery service is a supplementary service whereby an outward foreign telegram sent by such service is delivered to the addressee from the terminal office by telephone, and for the purposes of these Regulations an outward foreign telephone delivery telegrams means an outward foreign telegram sent by the telephone delivery service.
(2) In the case of an outward foreign telephone delivery telegram the paid service indication "=TFX=" (x being the telephone number of the addressee) shall be inserted before the address, and such indication shall be charged for as one word at the rate of charge applicable to the telegram of which it forms part.
67. Telex delivery service
(1) The telex delivery service is a supplementary service whereby an outward foreign telegram sent by such service is delivered to the addressee from the terminal office by telex, and for the purposes of these Regulations, an outward foreign telegram sent by the telex delivery service.
(2) In the case of an outward foreign telex delivery telegram the paid service indication "=TLX=" (x being the number of the addressee's telex installation) shall be inserted before the address, and such indication shall be charged for as one word at the rate of charge applicable to the telegram of which it forms part.
68. Poste telegraph restante service
(1) The poste or telegraph restante service is a supplementary service whereby an outward foreign telegram may be addressed to an addressee by name, including if possible his christian or given name, at a telegraph office or a post office to be left there until called for by the addressee.
(2) Where the sender of an outward foreign telegram by the poste or telegraph restante service desires it to be sent–
(a) to a telegraph office, the paid service indication "=TR=" shall be inserted before the address, and such indication shall be charged for as one word at the rate of charge applicable to the telegram of which it forms part;
(b) to a post office, the paid service indication "=GP=" shall be inserted before the address, and such indication shall be charged for as one word at the rate of charge applicable to the telegram of which it forms part;
(c) to a post office to be delivered in the same manner as a registered letter, the paid service indication "=GPR=" shall be inserted before the address, and such indication shall be charged for as one word at the rate of charge applicable to the telegram of which it forms part.
69. Collect service
(1) The collect service is a supplementary service whereby an outward foreign telegram may be sent by sender without prepayment of the charge therefor, such charges being recovered from the addressee, and for the purposes of these Regulations, an outward foreign collect telegram means an outward foreign telegram sent by the collect service.
(2) An outward foreign collect telegram may be sent only where–
(a) the Corporation has been addressed by the telegraph administration of the country to which the outward foreign telegram is addressed that the addressee of such telegram has authorised the sending to him by the collect service of outward foreign telegrams, or of outward foreign telegrams of a particular type;
(b) the Corporation or any other telegraph administration or organisation with the approval of the Corporation has given a written authority to the sender to send outward foreign collect telegrams of such type as may be specified in the authority to the addressee; and
(c) the sender produces such authority to an authorised officer when he tenders an outward foreign telegram for transmission; and
(d) such outward foreign telegram is of a type which the sender is authorised to send.
Miscellaneous (regs 70-73)
70. Cancellation of outward foreign telegram
(1) Subject to this Regulation, the sender of an outward foreign telegram may cancel such telegram.
(2) An outward foreign telegram shall not be cancelled unless the person requesting such cancellation satisfies an authorised officer that he is the sender, or the duly authorised agent of the sender, of such telegram.
(3) Where–
(a) the transmission of the outward foreign telegram to be cancelled has not been commenced, it shall be cancelled and shall not transmitted;
(b) the transmission of such telegram has been commenced, a paid service telegram shall be transmitted to the terminal office cancelling such telegram, and if such paid service telegram is received at such office before such telegram has been despatched for delivery, such telegram shall, subject to the provision of the law of the country of the terminal office, be cancelled and shall not be delivered;
(c) the outward foreign telegram to be cancelled has been delivered to the addressee before it could be cancelled, the addressee shall, unless the sender has given instructions to the contrary, be informed of the attempt made to cancel it.
71. Inquiries in respect of foreign telegrams
(1) The sender of an outward foreign telegram and the addressee of an inward foreign telegram may make inquiries or give instructions in respect of such outward foreign telegram or inward foreign telegram, as the case may be, where such inquiries are made of instructions given during the period in which the records relating to such telegram are preserved.
(2) Before any inquiries made are answered or any instructions given are complied with, the person making such inquiries or giving such instructions shall satisfy an authorised employee or agent of the Corporation that he is the sender of the outward foreign telegram or the addressee of the inward foreign telegram the duly authorised agent of such sender or addressee, as the case may be, in relation to which the inquiries are made or the instructions given.
(3) Where any inquiries made or instruction given under the provision of this Regulation in relation to any outward foreign telegram or inward foreign telegram necessitate the issue of a paid service telegram and any reply thereto, the person making such inquiries or giving instructions, as the case may be shall prepay the cost of such paid service telegram and of any reply thereto.
72. Certified copy of outward foreign telegram
(1) Subject to this regulation, the sender of an outward foreign telegram may obtain a certified copy of such telegram.
(2) A certified copy of an outward foreign telegram shall not be supplied to the person requesting such copy unless he satisfies an authorised employee or agent of the Corporation that he is the sender or duly authorised agent of the sender of such telegram.
(3) Where the sender of an outward foreign telegram has requested a certified copy but no such copy can be supplied owing to the fact that such telegram cannot be traced, then such sender shall pay the appropriate charge.
73. Redirection of inward foreign telegram
(1) An inward foreign telegram may, on the prior notification of the addressee thereof or on the request of any person at the address to which the telegram is delivered and apparently authorised to make such request be redirected to the addressee at the new address.
(2) Where–
(a) the new address is in the same delivery area as the original address, the appropriate charge may be paid by the person requesting the redirection or by the addressee, and if such charge is not paid, the Corporation shall so inform the telegraph administration of the country from which the inward foreign telegram originated;
(b) the new address is not in the same delivery area as the original address but is within the United Republic the appropriate charge may be paid by the addressee and if such charge is not so paid the Corporation shall so inform the telegraph administration of the country from which the inward foreign telegram originated, and in any such case the paid service indication "Redirected From" shall be inserted before the original address and shall be chargeable for as one word at the rate of charge applicable to the telegram of which it forms part.
PART V
REGISTRATION OF TELEGRAPHIC ADDRESSES (regs 74-77)
74. Registration of abbreviated telegraphic address
Subject to these Regulations, a person may register with the Corporation an abbreviated telegraphic address.
75. Conditions of registration
(1) Any person desiring to register an abbreviated telegraphic address shall make application therefor to an authorised officer.
(2) An abbreviated telegraphic address shall not be registered under these Regulations where–
(a) such address consists of more than one word in addition to the name of the town or place of such address;
(b) such word consists of more than eleven letters;
(c) such word is the name of person, profession, newspaper, trade, town, district, country or any word which in the opinion of the Director-General would be embarrassing or likely to give rise to confusion:
Provided that the Director-General may permit such word to be the name of the person applying for registration.
(3) Where an abbreviated telegraphic address has been registered in respect of a partnership then before such abbreviated telegraphic address may be changed, the consent of all the parties to such change shall be obtained.
76. Delivery to registered telegraphic address
Telegrams addressed to a registered telegraphic address shall, subject to the provision of these Regulations be delivered to such address within the delivery area of the terminal office and in such manner as may be agreed between the person possessing the registered telegraphic address and the Director-General:
Provided that the Director-General shall not be required to accept instructions for the delivery of telegrams which, whether as regards address for or manner of delivery he may in his absolute discretion consider unreasonable.
77. Directory of registered telegraphic addresses
The Corporation may publish a directory of registered telegraphic addresses and of the names and addresses of the persons possessing such registered telegraphic addresses.
PART VI
TELEGRAM DEPOSIT ACCOUNTS (regs 78-81)
78. Telegram deposit account
Subject to these Regulations, a person may open a telegram deposit account for the prepayment of any telegrams to be sent to him from a particular telegraph office.
79. Ledger fee
Subject to these Regulations, a ledger fee shall be paid in respect of each telegram tendered for transmission by a person in whose name a telegram deposit account has been opened.
80. Conditions for opening telegram deposit account
(1) Any person desiring to open a telegram deposit account shall make application therefor to an authorised employee or agent of the Corporation.
(2) A person opening a telegram deposit account shall deposit with the Corporation such sum of money as the Director-General may consider sufficient to cover the estimated cost of any telegrams which may be sent by such person during a period of six weeks:
Provided that the Director-General may permit a telegram deposit account to be opened with a banker's guarantee instead of with the deposit of a sum of money.
(3) A telegram deposit account may only be opened at such telegraph offices as the Director-General may notify.
(4) Where any person desires to close a telegram deposit account opened in his name he shall give one month's notice of such desire, and on such account being closed the balance if any, of the sum of money deposited and standing to the credit of such person in such account shall be refunded to him.
81. Prepayment for telegrams from deposit account
Where a telegram deposit has been opened then the cost of any telegram sent by the person in whose name such account has been opened shall be debited to such account and it shall not be necessary for such person to prepay in money the cost of any telegram:
Provided that, unless the Director-General otherwise directs such person shall prepay in money the cost of any telegram–
(a) which is handed in to a telegraph office other than that at which such account is kept;
(b) where the cost of such telegram is in excess of the amount standing to the credit of such person in such account.
PART VII
PRIVATE TELEGRAM SERVICE (regs 82-90)
82. Provision of private telegraph service
Where any person wishes to obtain private and exclusive telegraphic communication between two places, both of which are within the United Republic by means of telegraph services provided by the Corporation (which private and exclusive telegraph communication is in these Regulations referred to as private telegraph service) he shall make application therefor to an authorised employee or agent of the Corporation.
83. Conditions of providing private telegraph service
(1) Where any person has applied for private telegraph services then subject to the provisions of these Regulations and on payment of the appropriate charges, the Corporation may provide such service:
Provided that the Corporation may refuse to provide such service where–
(a) suitable facilities therefor are not available; or
(b) the provision of such services would, in the opinion of the Director-General interfere with other telegraph services provided by him.
(2) Where the renter uses any electric power in connection with private telegraph services, then the cost of such power shall be borne by the renter.
84. Agreement and minimum period for providing telegraph service
(1) Before any person is provided with private telegraph services he shall enter into agreement, in such form and containing such conditions as the Director-General may approve, with respect to such services.
(2) Private telegraph services shall not, unless the Director-General in any particular case otherwise directs, be provided for any period less than one year, and where any private telegraph services are provided for a period less than one year then the annual charges therefor shall be reduced to such amount as the Director-General may consider appropriate in the circumstances.
85. Deposit may be required
(1) The Director-General may require any renter to deposit with the Corporation such sum of money as the Director-General may specify.
(2) Where a renter of any private telegraph service fails to pay any amount due by him to the Corporation then the Corporation may deduct such sum from any deposit made by the renter under the provisions of this Regulation.
(3) On discontinuance of any private telegraph service the balance, if any, remaining of any deposit made by the renter, after the deduction of any sums therefrom in accordance with the provisions of this Regulation shall be refunded to the renter.
86. Apparatus for private telegraph service
Private telegraph service shall, unless the Director-General otherwise directs, be provided by means of a telegraph circuit and in the case of an omnibus circuit, with telegraph apparatus at agreed intermediate points, and all such telegraph apparatus shall be provided, installed and maintained by the Corporation:
Provided that the Director-General may permit approved types of telegraph apparatus owned by the renter to be used in connection with such services, and in such case telegraph apparatus shall, unless the Director-General otherwise directs, be installed and maintained by the renter.
87. Removal of telegraph apparatus
Where the renter desires to alter the place between which private telegraph services are being provided, he shall make application therefor to an authorised officer at least 21 days before he desires any telegraph apparatus to be moved from one place to another; and on payment of the appropriate charges the Director-General shall remove such apparatus unless–
(a) such removal is desired to a place at which suitable facilities for the provision of private telegraph service are not available; or
(b) such removal would in the opinion of the Director-General interfere with other telegraph services provided by him.
88. Discontinuance of private telegraph services
(1) Notwithstanding the provisions of any agreement the Director-General may without notice discontinue any private telegraph services where–
(a) the renter wilfully or negligently damages or permits to be damaged, any telegraph apparatus used in connection with such services;
(b) the renter improperly interferes with or improperly uses, or permits to be improperly interfered with or improperly used any telegraph apparatus used in connection with such services;
(c) the renter, or any person in his employment, obstructs any authorised employee or agent of the Corporation in the performance of his duties.
(2) Where any private telegraph services are discontinued in accordance with the provisions of these Regulations or of any agreement entered into by the renter, then all the telegraph apparatus provided by the Corporation in connection with such services on the premises of the renter shall be removed as soon as practicable.
(3) Where any private telegraph services are discontinued in accordance with the provisions of this Regulation, then any sum paid in advance by the renter in respect of a period subsequent to such discontinuance shall be refunded to him.
89. Corporation not liable for damage or loss
Where any telegraph apparatus provided by the Corporation and in the possession or under the control of the renter in connection with any private telegraph services is damaged or destroyed in any manner or by any person (other than an employee or an authorised officer of the Corporation) then such renter shall be liable for the loss thereby suffered by the Corporation.
90. Renter liable for damage
Where any telegraph apparatus provided by the Corporation and in the possession or under the control of the renter in connection with any private telegraph services is damaged or destroyed in any manner or by any person (other than an employee or an authorised officer of the Corporation) then such renter shall be liable for the loss thereby suffered by the Corporation:
Provided that nothing herein contained shall apply to any damage due to fair wear and tear.
PART VIII
MISCELLANEOUS PROVISIONS (regs 91-103)
91. Method of delivery to be determined by distance from terminal office
Where the address to which an inland telegram or an inward foreign telegram is to be delivered is–
(a) not more than four miles from the terminal office or within the municipal limits of the town of destination whichever is the greater, then such telegram shall be delivered to such address by the telegraphic services;
(b) more than four miles from the terminal office or outside the municipal limits of the town of destination, whether is the greater, then such telegram shall be delivered to such address by the postal services unless the Director-General in any particular case otherwise directs.
92. Sender to be notified of non-delivery
(1) Where for any reason an inland telegram, other than an inland poste restante telegram, is not delivered to the addressee the sender shall be informed by telegram of such non-delivery.
(2) Where the Corporation is informed by any other telegraph administrations, or by any person licensed to provide telegraph services between the United Republic and any other places, by whom an outward foreign telegram has been transmitted that such telegram has not been delivered, then the sender shall be informed by telegram of such non-delivery.
93. No obligation to deliver to unregistered telegraphic address
The Corporation shall not be liable to deliver any telegram addressed to an unregistered, cancelled or lapsed abbreviated address:
Provided that when the addressee of a telegram is known to the Corporation delivery may be made subject to the payment of the appropriate charge.
94. Notification to re-direct telegram
(1) Any person may notify the Corporation that any inland telegram, or inward foreign telegram, addressed to such person at a particular address shall be redirected and delivered to him at such other address as he may specify.
(2) Where any notification has been given under the provision of paragraph (1) of this Regulation, then such notification shall, unless cancelled or altered by such person, be effective for such period, not exceeding three months, as such person shall specify.
95. Sender of telegram entitled to receipt
The sender of an inland telegram or an outward foreign telegram shall be entitled to receive from the employee or an agent of the Corporation to whom such telegram is tendered for transmission, a receipt showing the amount of the charges paid by the sender in respect of such telegram.
96. Recovery from sender of amount undercharged
Where it is discovered that the sender of an inland telegram or an outward foreign telegram has not paid the full amount of the charges payable in respect of such telegram and notice of the amount of such undercharge has been given to such sender–
(a) in the case of an inland telegram, within three months of the date on which such telegram was tendered for transmission; and
(b) in the case of an outward foreign telegram, within six months of the date on which such telegram was tendered for transmission, then such sender shall be liable for the amount of such undercharge.
97. Period of preservation of records
The originals of, and any records in connection with telegrams shall be preserved–
(a) in the case of foreign telegrams, for a period of six months; and
(b) in the case of inland telegrams, for a period of three months from the first day of the month following that upon which the telegram was tendered for transmission and thereafter such originals and other records may be disposed of in such manner as the Director-General may direct.
98. Inadmissible secret language
No telegram in secret language shall be accepted for transmission, transmitted or delivered where such secret language–
(a) contains the accented letter;
(b) consists of combination of figures and letters or of figures, letters and signs, in any single group.
99. Alteration to telegrams
No telegram tendered for transmission shall be altered in any manner after it has been so tendered unless the person requesting such alteration satisfies an authorised employee or agent of the Corporation that he is the sender, or the duly authorised employee or agent of the sender of such telegram.
100. Order of transmission of telegrams
The Director-General may give directions as to the order in which telegrams may be transmitted, and in giving any such directions the Director-General shall have regard to international usage in relation to the order of transmission of telegrams.
101. Refund of charges
The Corporation may remit or refund in whole or in part any sum payable or paid in such cases or classes of cases as it may determine.
102. Manner of notification by Director-General
Where under provisions of these Regulations the Director-General may notify, specify, or authorise, anything, then such thing may be notified, specified, or authorised in the Post Office Guide or in such other manner as the Director-General may consider most convenient in the circumstances of the case.
103. Revocation
[Revokes the East African Telegraph Regulations *.]
[2nd November, 2001]
G.N. No. 315 of 2001
1. Citation
These Regulations may be cited as the Type Approval of Telecommunications and Radiocommunication Equipment Regulations.
2. Interpretation
In these Regulations, unless the context otherwise requires–
"Act" means the Tanzania Communications Act *;
"Commission" means the Tanzania Communications Commission established under section 3 of the Act;
"compliance label" means the labelling on the equipment to show compatibility with the standards and specification set by the Commission;
"licensee" means any operators licensed by the Commission;
"list" means the list of approved telecommunications and radiocommunication equipment as updated from time to time by the Commission;
"type approval" means a method of checking the compatibility of all telecommunications and radiocommunication equipment with the public switched telephone network.
3. Type approval requirement
(1) The following equipment shall require type approval before sale or installation–
(a) telecommunications equipment to be used for connection to the public networks; and
(b) radiocommunication equipment to be used in the United Republic.
(2) The Commission shall issue from time to time a list of approved telecommunications and radiocommunication equipment together with technical specifications and applicable type approval fees.
4. Application for equipment type approval
(1) A supplier who applies for equipment type approval shall follow one of the application procedures, namely:
(a) manufacturer's declaration of conformity procedure; or
(b) equipment submission procedure for any type of telecommunications and radiocommunication equipment. The detailed guidelines shall be provided by the Commission.
5. Technical evaluation
(1) Technical evaluation of an equipment shall comply with the international and national standards and shall be carried out in the following manner:
(a) document examination; and
(b) laboratory testing of equipment sample, where applicable.
(2) The samples of equipment submitted shall be–
(a) in a good working condition; and
(b) properly configured for testing and complete with the necessary test adapters;
(c) clearly marked with the trade name, model and serial number.
(3) If technical details or clarifications are required by the Commission, the applicant shall provide them promptly.
(4) The application shall be rejected or deemed to have been rejected by the Commission if the applicant fails to respond within three months from the date of the Commission's request for details or clarifications.
(5) Field tested equipment shall take a minimum of six months.
6. Type approval requirements
(1) The Commission shall issue a type approval certificate to the successful applicant for a specific model of equipment.
(2) The equipment to be sold shall be the same as the model that has been granted the type approval and the approved equipment shall not be modified in any way without the approval of the Commission.
(3) The type approval granted under this regulation, shall in no case be construed as a guarantee by the Commission of the proper functioning, performance or quality of the equipment.
(4) It shall be a duty of the importer or distributor to ensure that the approved equipment interwork properly with the public telecommunication network.
(5) The Commission shall not be liable for any interference caused to any other equipment, injury, or loss of life, or damages to property as a direct or indirect result of the use of any approved equipment.
(6) In case of any doubt relating to the interpretation of type approval specification the method of carrying out the test and the validity of the statements made by the manufacturers of the equipment, the decision of the Commission shall be final.
7. Connection of type approved terminals to the public telecommunications network
(1) The importer or distributor shall, before selling any equipment, ensure that the equipment meets the standards and specifications set out by the Commission and work compatibly with the public telecommunications networks.
(2) All terminals granted with the type approval by the Commission shall be connected to the public networks without inspection by telecommunications network operators and the network operators shall have no right to refuse the connections.
8. Display of the label for type approved terminal
(1) Each telecommunication terminal or network equipment and radiocommunication equipment complying with technical conditions shall display type approval label to be provided by the Commission.
(2) Every importer or distributor shall ensure that an equipment offered for sale for local use is clearly labelled or affixed with the following:
(a) the trade name, model name and serial number;
(b) the manufacturer's or supplier's name;
(c) the type approval label for the equipment approved by the Commission.
9. Installation of approved equipment
The approved equipment shall either be installed by a registered telecommunications technician or engineer, or where the installation is done by any other person, such installation shall be certified by a registered telecommunications engineer.
10. Test for compliance
Measurements and tests for compliance shall be performed at the Commission's laboratory or by an agent designated for that purpose by the Commission.
11. List of approved equipment
A list of approved telecommunications and radiocommunication equipment shall be published in the Commission's periodical publications and local newspapers.
12. Compliance label
The importer or distributor who is granted with a compliance label by the Commission shall display the indication of approval on a prominent place or area, and such label shall provide the following information–
(a) the logo of the Commission;
(b) the type of the equipment; and
(c) the alphanumeric identifications.
13. Penalty
Any person who commits an offence under these Regulations and where no specific penalty is provided shall upon conviction, be liable to pay a fine of not less than the equivalent in Tanzanian shillings of 1,500 USD but not exceeding the equivalent in Tanzanian shillings of 5,000 USD.
[1st January, 2002]
G.N. No. 316 of 2001
1. Citation
These Regulations may be cited as the Dispute Resolution Regulations.
2. Definition
In these Regulations, unless the context otherwise requires:
"Act" means the Tanzania Communications Act *;
"arbitrator" means a person appointed by the Commission under regulation 6 to resolve a dispute between two contesting parties;
"award" means the decision of the arbitrator on the dispute and includes inter alia, an interim, partial or final award;
"claim" means a right arising out of an agreement for provision of communications services or demand (whose monetary value is not less than the equivalent in Tanzanian shillings of 1,500 USD);
"claimant" means the person who makes a claim against a postal or telecommunication operator;
"Commission" means the Tanzania Communications Commission established under section 3 of the Act;
"conciliation" means the intervention of an independent third party into a dispute in order to bring the disputing parties together for settlement;
"respondent" means a person against whom a claim is made;
"statement of arbitration" means the statement of claim or the statement of defence and other or further documents in the nature of pleadings or submissions.
3. Conciliation
Prior to arbitration, parties shall try to resolve their dispute amicably through conciliation.
4. Request for notification of arbitration
(1) Any party wishing to commence an arbitration shall file to the Commission a written request for arbitration, which shall include, or be accompanied by a statement of claim.
(2) The claimant shall communicate his statement of claim in writing to the respondent and to the Commission, and the copy of the contract of service shall be annexed thereto.
(3) The statement of claim shall include the following particulars:
(a) the names and addresses of the parties;
(b) a statement of the facts supporting the claim;
(c) the points at issues;
(d) the relief or remedy sought.
(4) The claimant may annex to his statement of claim, any documents he deems relevant or may add a reference to the documents or any other evidence he intends to submit.
5. Investigations
(1) The Commission shall investigate the request for arbitration and make a determination on whether or not:
(a) the request merits to be referred to an arbitrator;
(b) the dispute to be heard by the Commission itself.
(2) In making its determination under subregulation (1), the Commission shall consider:
(a) the value of the subject matter;
(b) the nature of the dispute.
6. Appointment of an arbitrator
(1) The Commission shall select an arbitrator from a list of arbitrators appointed every three years.
(2) An arbitrator appointed by the Commission under subregulation (1) shall be required to have the following qualifications–
(a) a certificate in arbitration;
(b) experience in postal or telecommunications;
(c) competency in law, economics, engineering or social science.
(3) An arbitrator appointed by the Commission shall be and remain at all times independent and impartial and shall not act as advocate for any party.
(4) The expression "the Arbitrator" includes all the arbitrators where more than one has been appointed by the Commission.
7. Communications with Arbitrator
(1) All communications from all parties shall be addressed to the Arbitrator unless the Arbitrator directs otherwise.
(2) Where any party sends any communication to an Arbitrator (including any statement of claim and a copy of services) he shall also send copies to the other parties, including the Commission, and confirm to the Arbitrator that he has done so.
(3) The addresses of the parties for the purpose of all communications during the proceedings shall be those set out in the statements of claim and shall include any change of address notified to the Arbitrator, all other parties and the Commission.
8. Submission of statements
(1) The claimant shall within fourteen days of the notification of appointment of the Arbitrator by the Commission, send to the Arbitrator a statement of claim setting out detailed the facts and points of law on which he relies, and the relief that he claims.
(2) The respondent shall within twenty-one days of receipt of statement of the claim, send to the Arbitrator a statement of defence stating in sufficient detail which of the facts and points of law in the statement of claim he admits and denies and on what grounds and points of law he relies.
(3) The respondent may attach to his statement the documents on which he relies for his defence or may add a reference to the documents or other evidence he shall submit in support of his defence.
(4) In his statement of defence, or at a later stage in the arbitral proceedings, the respondent may make a counterclaim arising out of the same contract or rely on a claim arising out of the same contract for the purpose of a set-off.
(5) The claimant may within fourteen days of receipt of the statement of defence, send to the Arbitrator a statement of reply.
(6) All statements of arbitration shall be accompanied by copies or, if they are voluminous, list of all essential documents on which the party concerned relies and which have not previously been submitted by any party, and where practicable, any relevant samples.
9. Meeting and hearing
(1) The Arbitrator may at any time fix a date, time and place of meetings and hearings of the arbitration and shall give all parties adequate notice of the meeting.
(2) Subject to any adjournments which the Arbitrator may allow, the final hearing shall be continued on successive working days until it is concluded.
(3) All meetings and hearings shall be in camera unless all the parties require otherwise and members from the Commission may be granted permission to attend as arbitration or conciliation observers.
(4) Any party to the arbitration may be represented at any meeting or hearing by a legal or other professional practitioner.
10. Evidence
(1) Each party shall have the burden of proving the facts relied on to support his claim or defence.
(2) The Arbitrator may require a party to deliver to the other party, within such a period of time as he shall decide, a summary of documents and other evidence which that party intends to present in support of the facts in issue set out in his statement of claim or statement of defence.
(3) At any time during the arbitral proceedings the Arbitrator may require the parties to produce witness documents, exhibits or other evidence within such period of time as he shall determine.
11. Amendment to the claim or defence
During the course of the arbitral proceedings either party may amend or supplement his claim or defence unless the Arbitrator considers it inappropriate to allow such amendment having regard to the delay in making it or prejudice to the other party or any other circumstances:
Provided that, a claim shall not be amended in such a manner that the amended claim falls outside the scope of the arbitration clause or separate arbitration agreement.
12. Default
(1) Where, within the period of time fixed by the Arbitrator the claimant has failed to communicate his claim without showing sufficient cause for such failure, the Arbitrator shall issue an order for the termination of the arbitral proceedings.
(2) Where, within the period of time fixed by the Arbitrator the respondent has failed to communicate his statement of defence without showing sufficient cause for such failure, the Arbitrator shall order that the proceedings continue ex parte.
(3) If the respondent duly notified under these Regulations fails to appear at a hearing, without showing sufficient cause for such failure, the Arbitrator may proceed with the arbitration.
(4) Where the claimant duly notified under these Regulations fails to appear at the hearing of the arbitration, the Arbitrator may dismiss the claim.
(5) Where one of the parties, duly invited to produce documentary evidence, fails to do so within the prescribed period of time without showing sufficient cause for such failure, the Arbitrator may make the award on the evidence before it.
13. Award to be in writing
(1) The Arbitrator shall make his award in writing and shall set out his reasons for the award.
(2) The Arbitrator shall send his award to the Commission as soon as practicable after the conclusion of the final hearing.
14. Award costs of the Arbitrator
(1) The costs of the arbitration shall be met by the unsuccessful party and such costs shall include:
(a) the travel and incidental expenses incurred by the Arbitrator;
(b) the costs of expert advice and of other assistance required by the Arbitrator;
(c) the travel and other expenses of witnesses to the extent which is approved by the Arbitrator;
(d) the costs for legal representation and assistance of the successful party if such costs were claimed during the arbitration proceedings, to the extent that the Arbitrator determines that the amount of such costs is reasonable.
(2) The Arbitrator shall specify the total amount of costs of arbitration in his award indicating which party shall pay them, and whether any party shall pay all or part of any other costs incurred by the other party.
(3) The fees of the Arbitrator shall be reasonable in amount, taking into account the amount in dispute, the complexity of the subject matter, the time spent by the Arbitrator and any other relevant circumstances of the dispute as may be determined by the Arbitrator.
15. Payment and collection of award
(1) After notification of the award to the Commission, any party may take up the award upon payment to the Arbitrator of any outstanding costs of the arbitration.
(2) If the award has not been taken up within one month of the notification, the Arbitrator may by action recover outstanding costs of the arbitration from the unsuccessful party.
16. Abandonment, suspension or conclusion before final award
If the arbitration is abandoned, suspended or concluded, by agreement or otherwise, before the final award is made, the parties shall pay to the Arbitrator costs incurred up to that time, in such proportions as between them as they shall agree, or on failing to agree, as the Arbitrator shall determine.
17. Exclusion of liability
(1) Neither the Commission nor the Arbitrator shall be liable to any party for any act or omission in connection with any arbitration conducted under these Regulations except that the Arbitrator (but not the Commission) shall be liable for the consequences of any conscious and deliberate wrong doing on his own part.
(2) After the award has been made and any accidental mistake or omission corrected, the Arbitrator shall be under no obligation to make any statement to any person about any matter concerning the arbitration, nor shall any party seek to make him a witness on any legal proceedings arising out of the arbitration.
COMPLAINT FORM
THE UNITED REPUBLIC OF TANZANIA
TANZANIA COMMUNICATIONS COMMISSION
(Regulation 4(3))
A: PARTICULARS |
1. Name of Complainant/Operator ....................................................................................... |
Address: .......................................................................................................................... |
Occupation: ..................................................................................................................... |
2. Name of Respondent: .................................................................................................... |
Address: .......................................................................................................................... |
Occupation: ..................................................................................................................... |
B: NATURE/FACTS OF THE COMPLAINT |
(State the facts disclosing the cause of action precisely and concisely) |
1. ................................................................................................................................... |
2. ................................................................................................................................... |
3. ................................................................................................................................... |
4. ................................................................................................................................... |
5. ................................................................................................................................... |
6. ................................................................................................................................... |
7. ................................................................................................................................... |
C: RELIEF(S) |
...................................................................................................................................... |
D: VERIFICATION |
...................................................................................................................................... |
.................................................. |
Presented for filing this .......................... date of .......................... 20........ |
[2nd November, 2001]
G.N. No. 317 of 2001
1. Citation
These Regulations may be cited as the Importation and Distribution of Telecommunication and Radiocommunication Equipment Regulations.
2. Interpretation
In these Regulations, unless the context otherwise requires.
"Act" means the Tanzania Communications Act *;
"contractor" means a telecommunication engineering firm responsible for installation and maintenance of telecommunications and radiocommunication equipment;
"importer and distributor" means any person or entity which imports and distributes telecommunication or radiocommunication equipment;
"subdealer" means an agent appointed by a licensed contractor to serve as distribution or sales centre.
3. Conditions for importation and distribution
(1) The importer and distributor of any type approved telecommunication and radiocommunication equipment shall be a licensed contractor in Classes "A" or "B".
(2) The importer and distributor of telecommunication and radiocommunication equipment shall ensure that his customers have frequency licences from the Commission before importing and distributing the equipment.
(3) Without prejudice to the generality of the provisions in these Regulations, any person may import in the country any type approved terminal telecommunication and radiocommunication equipment to be used solely for personal use.
(4) No telecommunication or radiocommunication equipment which shall be sold at a place other than shops approved by the Commission or distribution centres appointed by a licensed contractor.
4. Prohibited equipment
No licensee shall import and distribute for use any equipment prohibited by the Commission.
5. Re-exportation of equipment
(1) A wholesaler who wishes to import and repackage equipment for re-exportation or transhipment shall apply for a permit from the Commission.
(2) Prior to the importation of any equipment under this regulation, the wholesaler shall furnish or cause to be furnished to the Commission full particulars of the respective equipment and his export business.
(3) It shall be unlawful for any wholesaler to display, distribute or sell to a retailer in Tanzania, any equipment imported in accordance with the provision of this regulation.
6. List of equipment to be imported
The current list of type approved telecommunication and radiocommunication equipment to be imported and distributed in the country shall be provided by the Commission.
7. Penalty
Any person who commits an offence under these Regulations and where no specific penalty is provided, shall upon conviction be liable to pay a fine of not less than the equivalent in Tanzanian shillings of 300 USD, but not exceeding the equivalent in Tanzanian shillings of 600 USD, and the Commission may further suspend or cancel any licence held by the licensee.
[2nd November, 2001]
G.N. No. 318 of 2001
PART I
PRELIMINARY PROVISIONS (regs 1-2)
1. Citation
These Regulations may be cited as the Radiocommunication Regulations.
2. Interpretation
In these Regulations, unless the context otherwise requires–
"Act" means the Tanzania Communications Act *;
"amateur service" means radiocommunication service in which the transmissions are intended for the purpose of self-training, intercommunication and technical investigations;
"amateur station" means a station in respect of which an amateur station licensee is authorised in the licence to use;
"authorised officer" means any person authorised by the Commission to act on its behalf;
"amateur" means an authorised person interested in radio techniques solely with a personal aim and without pecuniary interest;
"Commission" means the Tanzania Communications Commission established under section 3 of the Act;
"fixed service" means a radiocommunication service between specified fixed points;
"land mobile service" means a mobile service between a base station and a land mobile station or between land mobile stations themselves;
"licence" means any licence issued under the provisions of the Act;
"licensee" means any person licensed by the Commission;
"mobile service" means a radiocommunication service between mobile and land stations, or between mobile stations themselves;
"network" means two or more stations operated by a person and used or intended to be used in communication with one another;
"person" means any individual, firm, company, partnership, trust limited liability company, joint venture, institution, government entity or other entity;
"private network" means a network which exists to meet the exclusive internal telecommunication needs of the licensee; by means of radiocommunication;
"public fixed network" means a network which is accessible to any member of the public generally and which is used or intended to be used to provide fixed telecommunication services by means of radiocommunication;
"public mobile network" means any public network that enables radiocommunication through the use of portable or mobile stations;
"Radio Regulations" means the Radio Regulations annexed to the International Telecommunication Convention which the Government of Tanzania has ratified;
"station" means a transmitter, receiver, a combination of transmitters and receivers or any accessory thereto which is used or intended to be used for radiocommunication;
"user" means any person or body of persons who uses or operates a radiocommunication channel or frequency or runs telecommunication system or services referred to in the provisions of the Act.
PART II
GENERAL LICENSING CONDITIONS (regs 3-12)
3. Licence
(1) No person shall possess, establish, install or use any station in any place or on board any local vessel or aircraft or in any vehicle, unless he has a valid licence granted by the Commission.
(2) Notwithstanding the grant of any licence under the Act, in respect of any station, no person shall establish or operate any network unless he has a valid station or network licence granted by the Commission.
4. Station records
(1) A licensee of a network shall keep an up-to-date record of radiocommunication equipment comprised in the network; the record shall contain such information, to be kept in such a form, and be submitted to the Commission at such time of interval as the Commission may require.
(2) The licensee shall, at all reasonable times, permit an authorized officer to inspect station records and make copies of any entry in the records of a radio station.
(3) The licensee shall keep the station record in accordance with the format approved by the Commission.
5. Secrecy
(1) No person shall intercept or acquaint himself with the contents of any radiocommunication other than those transmitted for general information or for the information of licensees belonging to the same licensed network.
(2) Except as otherwise provided in these Regulations or by terms and conditions of a station or network licence, every person having access to radiocommunication shall hold strictly secret all radiocommunication, other than those transmitted for general information, which may pass through his hands or come to his knowledge.
(3) Every person having access to radiocommunication shall not, directly or indirectly, disclose the contents thereof except to a person entitled to become acquainted with the radiocommunication, an authorised officer or to a court of law and shall not make other use of such radiocommunication.
(4) No person having unauthorised access to radiocommunication shall print or publish or cause to be printed or published in any newspaper, pamphlet, book or document, any radiocommunication that may pass through his hands, or come to his knowledge whether such radiocommunication is for private or general reception.
6. Station and network used for lawful purpose
No person shall operate or use any station or network for or in furtherance of any unlawful purpose.
7. Restrictions on transmission
(1) No test, trial or practical transmission shall be permitted on transmission except in such circumstances as to preclude the possibility of interference with any other station or network.
(2) All tests, unless prior approval from the Commission has been obtained, shall be conducted on dummy load.
(3) No person shall transmit–
(a) any message containing indecent, obscene or offensive language;
(b) any message for an improper or illegal purpose;
(c) any message which interferes with the operation of any authorised station or network;
(d) any message which, to his knowledge is false or misleading and likely to prejudice the efficiency of any life-service or endanger the safety of any person or of a place or premises, vessel, aircraft or vehicle; or
(e) any superfluous signal by any station or network.
8. Safe operation of station or network
(1) A licensee shall ensure that a station or network is operated in a manner which is safe and which does not impair or interfere with–
(a) communication system of any Armed Forces; or
(b) the efficient and convenient working or maintenance of any other station or network, or telecommunication system or service licensed by the Commission.
(2) A licensee shall cease to operate his station or network and shall take any other immediate action when it has been informed by the Commission that the working of his station or network causes interference to radiocommunication.
(3) The licensee shall, where so directed by the Commission in writing, cease to operate any or all of the equipment comprised in his station for such period of time as may be required by the Commission for the purpose of investigation of interference to radiocommunication.
(4) The licensee shall screen or isolate all parts of the station or apparatus which may be dangerous so as to ensure safety of radiocommunication operators.
9. Inspection, examination or test
(1) For the purposes of ensuring that the Act, these Regulations and any conditions of a licence granted hereunder are complied with, an authorised officer shall be entitled, to enter any building, premises, compound or other place, vehicle, vessel or aircraft where a station or network is installed, or is being installed and may inspect, examine or test any equipment comprised therein.
(2) The owner or occupier of such building, premises, compound or other place, vehicle, vessel or aircraft shall allow the authorised officer to enter therein and inspect such station or network or equipment.
10. Inspection of licence, search or ceasure of radiocommunication equipment
(1) A duly authorised officer on his own or accompanied by an authorised police officer not below the rank of an inspector shall be entitled, upon production of proof by identity, to examine the licence of a station or network or, if it is not immediately available, require its production at the office of the Commission or a named police station within 24 hours.
(2) A duly authorised officer accompanied by an authorised police officer not below the rank of an inspector may search and seize any radiocommunication equipment which is found by him in any place, vehicle, vessel or aircraft without a licence.
11. Licensee to comply with International Telecommunications Convention
(1) A licensee shall comply with the provisions of the International Telecommunications Convention and any Regulations annexed thereto which the Government of Tanzania has ratified.
12. Charges for frequency usage
(1) In the case of radio frequency usage, the Commission may, where it considers it appropriate and in the interests of spectrum economy, charge frequency usage after taking note of the re-usability of the frequency, the area of coverage involved and the period of use of the assigned frequency.
(2) Multi-channel radiocommunication equipment used for transmitting or receiving in the radiocommunication network, shall be in accordance with the bandwidth of frequencies assigned.
PART III
CLASSES OF LICENCES (regs 13-33)
13. Aircraft station licence
(1) An aircraft station licence shall be granted only in respect of a commercial or privately-owned aircraft registered in Tanzania.
14. Duty of licensee in respect of equipment
(1) All equipment comprised in a station on board any aircraft shall be approved by the Director General of the Civil Aviation Authority of Tanzania and a certificate for such approval shall accompany the application for the licence.
(2) The licensee of a station on board an aircraft shall observe the provisions of the Radio Regulations made under the International Convention and any other local or international rules and regulations applicable to stations on board an aircraft.
15. Restrictions on use of aircraft station
(1) No station fitted in an aircraft shall be operated or used while such aircraft is at rest on land or on water in Tanzania except–
(a) where in time of emergency or distress;
(b) where communication by means of telecommunication line system is not available, for communication in exceptional circumstances on matters relating to air navigation and services with the nearest aeronautical station;
(c) where communication with such station is impracticable, with any other station; or
(d) for the purpose of carrying out experimental tests, with the written consent of and subject to such conditions as may be determined by the Commission; or
(e) for the purpose of carrying out functional tests to determine the serviceability of the station, provided that such tests shall not be carried out on international distress frequencies.
16. Amateur radio licence and station licence
(1) The Commission may subject to subregulations (2) and (3) grant licences for amateur radio service to such qualified or approved person interested in the operation of radiocommunication equipment.
(2) Licences granted under this regulation shall be classified as follows–
(a) General Class, for applicants aged twenty one years and above who are qualified to operate amateur radio equipment; and
(b) Restricted Class, for applicants aged between sixteen and twenty-one years.
(3) An amateur station licence shall only be granted to a natural person.
17. Conditions for amateur station licence
(1) An amateur station licensee shall observe and comply with the following conditions:
(a) to operate the station at locations approved by the Commission;
(b) to erect, fix, place and use the station and all equipment used or intended to be used by the licensee in a manner that do not interfere with the efficient and convenient working of other authorised stations;
(c) to identify himself by the transmission of the call sign assigned to him by the Commission at the beginning and at the end of each transmission being transmitted in short intervals;
(d) to ensure that any change in the approved location, equipment, mast or antenna system is approved by the Commission prior to the change being made;
(e) to obtain the approval of all relevant authorities before erecting any mast or antenna to be used in connection with the operation of the station;
(f) to keep a running record of whole transmission periods showing the date and time of each period of transmission, the frequency and time of emission employed, and preserve the record of each entry made for one year and being required to make these record available for inspection at reasonable time by an authorised officer.
18. Age restriction
(1) An amateur station licence shall not be granted to a person under the age of sixteen years.
(2) Any application for an amateur station licence by an applicant under the age of twenty one years shall be counter signed by the applicant's parent, guardian or any relative approved by the Commission.
(3) An amateur station licensee between the ages of sixteen and twenty-one years may only operate or use any amateur station if supervised by a qualified person approved by the Commission and who has agreed to supervise the licensee, and that qualified person shall ensure that the licensee observes and complies with all duties and obligations specified in the licence and in these Regulations.
19. Qualifications
(1) An applicant to qualify for an amateur station licence shall have to pass the Radio Amateur Examination set by the Commission or be in possession of an Amateur Radio Certificate acceptable to the Commission.
(2) The Commission shall set a fee payable for the Radio Amateur Examination which may be revised from time to time.
20. Prohibition on use of encryption devices
(1) An amateur station licensee may not make use of encryption devices or equipment in the operation encryption or use in any station.
(2) The licensee shall not connect power amplifier to his amateur radio station.
21. Restrictions on transmission
(1) Messages transmitted through an amateur station shall be in plain language and relate solely to amateur services.
(2) An amateur station shall not be used for transmitting news, advertisements, communications of a business or non experimental character, messages for pecuniary reward or messages for or on behalf of a third party.
(3) Except with the written permission of the Commission, no licensee of an amateur station shall call or transmit to any station other than an amateur station.
(4) Transmission shall not commence without listening in the frequency to be used in order to ascertain that no interference is likely to be caused to any other station which may be functioning.
22. Power of the Commission to order transmission
The Commission may, in exceptional circumstance, by notice, in writing require the licensee to transmit any message by means of his licensed amateur station.
23. Portable station
The Commission may approve an amateur station as a portable or mobile stations, subject to such conditions as the Commission may impose.
24. Experimental station licence
(1) The Commission may grant an experimental licence to–
(a) educational institutions, training establishments or qualified persons as the Commission may determine, for the purpose of conducting research and development activities, experiments or demonstrations in radiocommunication; or
(b) licensed dealers in, or manufacturers or importers of, radiocommunication equipment for the purpose of testing, demonstration or conducting research and development in radiocommunication equipment.
(2) The Commission may limit the maximum power of a station in respect of which an Experimental Station Licence has been issued, having regard to the purpose for which the station has been authorised and the conditions under which it is to work.
25. General radiocommunication station licence
(1) The Commission may grant a General Radiocommunication Station Licence to the approved applicants for the purpose of enabling them to transmit, receive or transmit and receive messages by means of radiocommunication.
(2) The Commission may, in the interest of frequency spectrum economy or for any other reason, require a General Radiocommunication Station licensee to work and share with a common base station operated or licensed by the Commission or to share a frequency with another station, subject to any terms and conditions which the Commission may impose.
(3) The Commission may grant a General Radiocommunication Station Licence to an approved applicant for the purpose of navigating or detecting objects by means of radiocommunication.
26. Localised radiocommunication licence
(1) The Commission may grant a Localised Radiocommunication Station Licence to an approved applicant to use the following equipment–
(a) remote control devices;
(b) local area paging devices;
(c) wireless microphones;
(d) Citizen band transceivers (CB walkie talkies);
(e) telemetry or alarm systems or both;
(f) wireless data or voice systems;
(g) cordless telephones; or
(h) any other radiocommunication equipment as may be authorised by the Commission from time to time.
27. Sharing of frequencies
(1) The frequencies allocated to any localised radiocommunication station may be shared by other users and the Commission shall not be held responsible for any interference arising from such use.
(2) Licensees operating on shared frequencies shall accept any interference that may result from the legitimate operation of stations, including the operation of industrial, scientific and medical equipment, functioning in the Industrial Scientific and Medical Band.
28. Satellite communication station licence
(1) The Commission may grant the Satellite Communication Station Licence to enable the licensee to transmit and receive messages by means of satellite communication for such purposes as may be authorised by the Commission.
(2) The licence granted under this regulation shall be categorised as follows:
(a) Very Small Aperture Terminal licence;
(b) Tracking, Telemetry and Command Earth Station licence;
(c) Satellite Earth Station Licence;
(d) Transportable satellite receiver; and
(e) Inmarsat satellite terminals.
(3) A Satellite Communication Station licensee shall seek the approval of the Commission for access to any space segment and shall comply with the relevant rules, regulations and procedures imposed by the Satellite operator for station access, booking and fees.
(4) Unless exempted by the Commission, the licensee shall at all times comply with the provisions of the Radio Regulations annexed to the International Telecommunications Convention which the Government of Tanzania has ratified.
29. Restrictions to frequencies use
(1) A Satellite Communication Station licensee may use or work within the frequencies or frequency bands approved by the Commission for his use.
(2) Except with the written approval of the Commission, a satellite communication station licensee shall not use any satellite communication equipment to provide telecommunication services to the public.
30. Ship station licence condition
(1) A ship station licence may be granted by the Commission if–
(a) the ship has a valid internationally recognised Safety Radio Certificate;
(b) the station is operated by an appropriate number and category of radio operators holding a Certificate of Competency granted under the Radiocommunication (Certificates of Competency for Ship Station Operators) Regulations or by a competent local or foreign authority, except where the vessel is used solely or principally for pleasure purposes;
(c) the ship has an accounting authority acceptable to the Commission; and
(d) the ship complies with such other requirements as may be determined by the Commission from time to time.
31. Compliance with Radio Regulations or Commission's requirements
(1) A ship station licensee shall provide on board a ship the following documents–
(a) a ship station licence;
(b) radio operator's certificate of competence; and
(c) any other documents as the Commission may determine from time to time.
(2) A ship station licensee shall comply with the working procedures set out in the Radio Regulations and with such other requirements as the Commission may determine.
32. Restrictions on use of equipment while in territorial waters
(1) No station on board a ship shall be used while the ship is within the territorial waters of Tanzania.
(2) Notwithstanding subregulation (1), a station on board a ship, whether licensed by the Commission or by a foreign competent authority, may be used while the ship is within the territorial waters of Tanzania for the purposes of:
(a) safety of navigation, life or property or for any other purpose as may be authorised by the Commission; and
(b) communication on such frequency bands as may be specifically authorised by the Commission, subject to such conditions as may be determined by the Commission, provided that the use of such station shall not cause interference to the working of any other authorised station or network.
33. Network radio station licence
The Commission may grant the following classes of radiocommunication licences for telecommunication network:
(a) private network services;
(b) public mobile network services;
(c) public fixed network services; and
(d) any other type of radiocommunication licence that may be determined by the Commission from time to time.
PART IV
INTERFERENCE TO TELECOMMUNICATIONS EQUIPMENT,
STATION NETWORK AND SYSTEMS (reg 34)
34. Control of interference to radiocommunication network
(1) An owner, licensee or user of electrical, electronic or radiocommunication equipment causing or suspected of causing interference or disturbance to telecommunication equipment, stations, networks or systems shall be required permit an authorised officer to inspect his equipment in order to determine whether the interference is in fact caused by his equipment.
(2) Where the Commission determines that interference or disturbance to telecommunication equipment, stations, networks or systems is caused by any particular electrical, electronic or radiocommunication equipment, it shall by notice in writing, direct the owner, licensee or user of that electrical, electronic or radiocommunication equipment to do, at his own expense, any one or more of the following:
(a) take suitable measures to eliminate or reduce the interference disturbance;
(b) remedy a fault in or the improper operation of the equipment;
(c) modify or alter the equipment installation; or
(d) disconnect the equipment.
(3) The Commission may require any action required to be taken under subregulation (2), to be effected within such period of time as the Commission 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 Commission under subregulation (2) or (3), the Commission may, by notice in writing, prohibit the installation or use of that equipment unless and until such directions are complied with.
(5) A person who fails to comply with directions issued under this regulation commits an offence and he shall on conviction be liable to a fine of not less than the equivalent in Tanzania shillings of 1,500,000 USD and in case of a continuing offence, to a further fine of not less than the equivalent in Tanzanian shillings of 50,000 USD for every day or part thereof during which the offence continues after conviction.
PART V
MISCELLANEOUS PROVISIONS (regs 35-38)
35. Compounding offences
An employee of the Commission duly authorised by name in that behalf by the Director General may, where any person admits in writing that he has committed an offence against these Regulations, compound such offence by collecting from that person a sum of money not exceeding fifty percent of the maximum amount of fine.
36. Offence
Any person who contravenes or fails to comply with any of the provisions of these Regulations commits an offence.
37. Penalty
Any person who commits an offence under these Regulations, and where no penalty is specifically provided upon conviction is liable to pay a fine of not less than the equivalent in Tanzanian shillings of 5,000 USD but not exceeding the equivalent in Tanzanian shillings of 10,000 USD.
38. Revocation
[Revokes the Tanzania Radio Call Service Regulations, the Tanzania Radiocommunications (Limitation of Radio Interference) Regulations, the Tanzania Radio-Communication Regulations, and the Tanzania Citizen Band Radiocommunication Regulations *.]
[2nd November, 2001]
G.N. No. 319 of 2001
1. Citation
These Regulations may be cited as the Tanzania Postal Regulations.
2. Interpretation
In these Regulations, except where the context otherwise requires–
"Act" means the Tanzania Communications Act *;
"Commission" means the Tanzania Communications Commission established under section 3 of the Act;
"Corporation" means the Tanzania Posts Corporation established under section 3 of the Tanzania Posts Corporation Act *;
"courier service" means any specialised service for the speedy collection, conveyance and delivery of postal articles other than letters;
"domestic services" means postal service performed within the United Republic;
"letter" means any form of written communication in the nature of current and personal correspondence and includes postcards;
"International service" means a postal service performed in respect of a postal article posted within the United Republic to an addressee outside the United Republic or received from a place outside the United Republic for the delivery within the United Republic or for the transmission to a place outside the United Republic;
"licensee" means any person licensed under the provisions of the Act;
"post" means a system for the collection, dispatch conveying, holding and delivery of postal articles by or through a public postal licensee;
"postal article" means any article or thing transmitted by post but does not include such article or thing as the Minister may prescribe to be not transmissible by post;
"postal operator" means private postal operator or public postal operator;
"post office" means any building, house, room, vehicle or place where, under control of the corporation postal articles are received, processed, delivered or dispatched;
"postal services" means any service by post;
"public postal licence" or "public postal operator" means the Tanzania Posts Corporation as designated by the Commission under section 15 of the Tanzania Posts Corporation Act *;
"reserved area" means collection and delivery by the public postal operator of addressed letter items up to 500 grammes with a universal tariff within the United Republic of Tanzania;
"undelivered postal article" means items which for some reasons have not been claimed by addressee;
"United Republic" means United Republic of Tanzania;
"Universal Postal Union" means specialised agent of the United Nations on postal services;
"Universal services obligation" means a basic postal service which includes the acceptance, conveyance and delivery of letters up to 500 grammes, parcels and packets of up to 10kg, and financial services delivered at equal tariffs and conditions accessible by all the population throughout United Republic.
3. Post office and courier operator premises
Each postal operator shall operate from permanent premises with the following basic amenities and facilities namely–
(a) well-built public counters;
(b) rooms or lobbies for the comfort and convenience of customers waiting to be served;
(c) adequate ventilation;
(d) adequate transport or arrangements for the conveyance of postal articles;
(e) adequate and secure storage facilities for postal articles awaiting conveyance or delivery.
4. Restriction on carriage of letters
No person other than the public postal licensee shall carry letters in the reserved area.
5. Postage stamps
(1) No person other than the Corporation, or any person authorised for this purpose by the Corporation shall produce postage stamps and philatelic items.
(2) Postage stamps shall be available for sale to the public at all post offices at the prices equal to the value denoted thereon.
6. Letter boxes and delivery or of postal article
(1) No person other than the Corporation shall erect and maintain letter posting boxes or mail delivery boxes in any road, street or public place.
(2) No letter posting box or mail delivery box shall be so placed as to interfere with ordinary traffic.
(3) A postal article shall be deemed to have been posted when it has been put into a Corporation's letter posting box.
(4) All philatelic archival materials produced by the public Postal operator belong to the government and shall be kept by the Commission.
(5) A postal article shall be deemed to be delivered to the addressee when it is delivered by the Corporation at his house or office or into his private box at a post office or rural delivery box.
(6) A postal article shall be deemed to be delivered to the addressee when it is delivered by private postal operator at his house or office.
7. Exemption from postal charges
(1) Literature for the blind, letters addressed by prisoners of war and civil internees shall be exempted from all postage charges under the provisions of the Universal Postal Convention.
(2) Postal article consisting solely of sound records, transmitted to or from institutions for the blind and recognized as such by the Commission or of publications, or the plates therefore, impressed in Braille or other type adapted for the use of the blind and marked on the wrapper thereof with the words "literature for the blind" may be transmitted at the appropriate postage rate, if any.
8. Transmission of newspaper
The proprietor of any publication printed and published in United Republic and consisting wholly or substantially of current news or articles relating thereto, with or without illustrations or advertisements may register his publication with the Corporation as a newspaper for the purpose of transmission by post if such publication is registered as a newspaper with the appropriate authorities and it complies with such other conditions as the Corporation may specify.
9. Examination of printed paper and packets
Every printed paper, packet and small packet shall be subject to examination in the post office and subject to these Regulations shall not contain anything sealed or otherwise closed against inspection, or contain or bear anything in the nature of current and personal correspondence, or contain any postage stamp or form (whether cancelled or not) denoting payment of postage or fees or any paper representing money value.
10. Procedure for parcel post
(1) No parcel shall contain any letter or an enclosure of any kind bearing an address other than that to which the parcel is addressed, but an open invoice confined to the particulars necessary to describe the contents of the parcel and a paper bearing the address of the sender may be contained.
(2) Where the laws for the time being in force in any country or place to which the parcel is directed permit the enclosure therein of correspondence, such enclosure shall be permitted but it shall be restricted to one written communication.
(3) A person offering a parcel for transmission to a country outside the United Republic, as from time to time be notified by the postal operator may, upon payment of the specified charges be permitted to enter into an undertaking with the postal operator to prepay such customs and other charges as may be levied by the appropriate authority in the country of destination of such parcels.
(4) All parcels originating from outside the United Republic shall be subject to customs check-up and procedures and each postal operator and couriers company shall make arrangements with customs department in checking the incoming parcels.
11. Insured post
(1) Letters, packets or parcels, containing articles of value shall be accepted for transmission as insured post at the appropriate postage rate for such articles and on payment of the insurance fees specified by the postal operator.
(2) The Corporation shall abide by all Universal Postal Union regulations on insured post.
(3) No coin, bullion, jewellery, living animals of any kind shall be accepted for transmission by insured post.
12. Undelivered postal article
(1) Postal articles shall be retained at the office of delivery for the appropriate period as specified by the postal operator for each class or category of article and if unclaimed for delivery on the expiration of such period shall be treated as undelivered postal article.
(2) Notwithstanding subregulation (1) of this regulation, the following postal articles shall be classified as undelivered and disposed of as appropriate notwithstanding that the periods specified have not elapsed–
(a) articles which have been incorrectly or insufficiently addressed;
(b) articles which have been tendered for delivery and returned to the postal operator endorsed in a manner indicating that they cannot be delivered to, or have been refused by, the addressee;
(c) articles which bear a request from the sender for their return within a specific period in the event of non-delivery;
(d) articles containing any perishable matter where the condition of the postal article is such as to be likely to cause injury, damage or delay to any other postal article, or as to be likely to cause damage or embarrassment to any officer of the postal operator or to any person employed in connection with the postal and courier services.
13. Disposal of undeliverable
(1) Subject to these Regulations and to the payment of the appropriate rates and charges specified by the relevant postal operator, undelivered inland postal articles shall be disposed of in the manner determined by the Commission.
(2) Subject to these Regulations, undelivered or undeliverable postal articles received from outside the United Republic shall be disposed of as determined by the Commission in the manner prescribed by the Universal Postal Convention.
14. Quality of service
Postal operators shall comply with quality of service standards which the Commission will set and monitor from time to time.
15. Compensation
(1) All postal operators shall communicate to the Commission their respective compensation policies in case of loss or damage of postal articles and compensation shall be paid by all postal operators.
(2) No compensation shall be paid by the postal operators where–
(a) the article is a prohibited postal article under these Regulations;
(b) in the case of an insured article–
(i) the article has been insured for in excess of its value;
(ii) any false statement in relation thereto has been made by the sender or addressee for such article;
(iii) the addressee thereof has signed and returned the receipt thereof without objection;
(iv) any bill of exchange, bond, coupon, or other negotiable security particulars sufficient to identify such contents are not supplied to the postal operator; or
(v) the cover or seal of such article bear apparent trace of theft or damage.
16. Prohibited article
(1) Subject to the powers provided for under section 33s and 34 of the Act, the following article shall not be conveyed or delivered by post:
(a) any explosive, inflammable, dangerous, noxious or deleterious substance, filthy, sharp instrument not properly protected or any article or thing whatsoever which is likely to injure either other postal articles in the course of conveyance or any person handling the article;
(b) any indecent, or obscene printing, painting, photograph, lithograph, engraving, film, book card, or any other indecent or obscene article;
(c) any article for export, import or carriage which is prohibited under any law in force in the United Republic, or which, being subject to any restriction imposed by such law, is transmitted otherwise than in accordance with that restriction;
(d) any article which may not, under the law of the country to which it is addressed, be imported or transmitted by post;
(e) any article containing or bearing any functions stamp or any counterfeit impression of a franking machine;
(f) any article sent by post in a stamped or embossed envelope wrapper, card forms or paper in imitation of the one issued under the authority of the Corporation;
(g) any article of such form or colour or so made up for transmission by post or is likely in the opinion of the postal operator to embarrass the officers of the organisation in dealing with the article;
(h) any article bearing any stamp or impression of a stamping machine denoting payment of postage or fee which is imperfect or mutilated or defaced in any way or across which is written or printed or otherwise impressed;
(i) any article whereon the payment of any postage or fees purports to be denoted by any stamp or impression which has been previously used to denote payment of the postage or fees on any other postal article or any other stamp duty or tax;
(j) betting advertisements if relating to illegal business;
(k) fortune telling advertisements;
(l) sweepstake or lottery tickets, or advertisement or other notice in relation to sweepstake or lottery other than a lawful sweepstake or lottery;
(m) money lenders circulars if sent enclosed;
(n) any article which infringes trade mark or copy right laws;
(o) any sample packets consisting of literature for the blind containing any article liable to customs duty in the country or place of destination;
(p) any letter, printed paper, literature for the blind, sample or small packet containing a card or envelope for reply that has been prepaid with postage stamps issued by the Corporation or an impression made by a franking machine licensed by the Corporation in the international service;
(q) any living creature, other than bees, leeches and silk worms, parasites or destroyers for noxious insects;
(r) any article which by the Act or by these Regulations is a prohibited from being posted or accepted for transmission by post.
(2) No postal article shall be conveyed or delivered within the United Republic where the postal article is posted outside the United Republic, by a person resident in, or a firm carrying on business in the United Republic with intent to avoid payment of highest domestic postage rate.
17. Criteria for transmission of prohibited article
Prohibited postal articles may be exceptionally conveyed by post as specified in the Schedule to these Regulations.
18. Certificate of posting
(1) The Corporation shall at the request of the sender of an unregistered postal article intended for transmission by letter box give the sender a certificate of posting of such postal article upon payment of the appropriate fee.
(2) A certificate of posting an article shall convey no entitlement to compensation nor shall it be acceptable as proof of the nature of the contents of the postal article to which it relates.
(3) No article in respect of which a certificate of posting is issued shall be returned after the issue of such certificate to the sender thereof.
19. Resale of stamp
(1) The Corporation may enter into arrangement with any person to sell postage stamps.
(2) The Corporation shall establish rules and conditions for arrangements on resale of stamps and submit to the Commission for approval.
20. Exchange of unused stamp
The Commission may authorise exchange of unused adhesive postage stamps which have not ceased to be valid by reason of any directions made by the Commission under section 29 of the Act, and which have been inadvertently and undesignedly spoiled or rendered unfit for use within the past two years.
21. Delivery of postal article of a deceased addressee
(1) Where a postal operator is satisfied that the addressee of a postal article is dead, he may in his discretion–
(a) deliver or redirect the postal article on the written application of any one of the executors named in the will of the addressee or any person appearing to the postal operator to be entitled to take out letters of administration to the addressee; or
(b) deliver or direct the postal article on the written application of any such person appearing to the postal operator to be conducting the affairs of the deceased; or
(c) retain the postal article for such period as he may think fit and on production of probate of the will or letter of administration to the estate of the addressee together with the written application of one or more of the executors or administers, deliver or redirect the article in accordance with such request; or
(d) treat the postal articles in accordance with the provisions of these Regulations as undelivered postal article.
(2) The appropriate charges payable for redirection shall be as specified by the postal operator.
22. Postal operators to make rules
Every postal operator shall make rules on the services he offers, and in particular relating to–
(a) letters;
(b) parcels;
(c) documents;
(d) financial services;
(e) registered items;
(f) insured items;
(g) post restate;
(h) private boxes or bags; and
(j) any other new services as may be introduced by the postal operators.
23. Use of technology
Every postal operator shall use appropriate technology to enhance quality of service as well as to diversify postal services.
24. Postal security and safety
Each postal operator shall ensure that all steps are taken to improve mail security and combat postal crimes which include:
(a) mail violation and secretion;
(b) mail bombs;
(c) illicit drug trafficking or firearms; and
(d) crime against postal property and identity.
25. Universal service obligation
The public postal operator shall be required to provide universal service either directly, through an agency, or business alliances and in return for this universal service obligation the Corporation shall have a reserved area covering all letters up to 500 grams.
SCHEDULE
(Regulation 17)
Description of article | Qualification for acceptance |
(i) Dangerous drugs. | By insured box or by insured parcel post but only if sent for medical or scientific purposes to country which admits them when sent for those purposes. |
(ii) Live bees, leeches, silk worms, parasites or destroyers of noxious insects used for the purpose of controlling those insects. | By letter post if addressed to officially recognised Institutions. |
(iii) Any postal article enclosed in an envelope with an open panel. | By the inland service |
(iv) Paper money not crossed for payment solely through post bank. | (i) For transmission by the inland service by registered letter or registered parcel post. |
(ii) For transmission by the international service by registered letter post or insured letter post or insured parcel post. |
|
(v) Jewellery and other valuables. | By registered letter post or insured parcel, or insured box. |
(vi) Any postal article bearing the word "registered" or any other phrase to that effect and any article which by these regulations is required to be registered or subject to the provisions of these Regulations and is of a monitory value. | By registered post. |
(vii) Deleterious liquids perishable biological substances, or other similar substances. | By letter post at the letter rate of postage only if sent for medical examination or analysis to a recognized medical practitioner or qualified veterinary surgeon. |
(viii) Inflammable liquids. | - Having a flash point of 32 degrees centigrade or above but lower than 65 degrees centigrade; maximum amount one litre. |
(ix) Radioactive materials. | - Small quantities suitably packed, provided that when made up for the radiation measured at the outside surface of a package does not exceed 10 milliroentgen per 24 hours by letter post at the letter rate of postage. |
(x) Any article liable to custom duty. | - To countries which permit by law or regulations the importation of such articles by post, and by registered post if the law or regulations of the country or place of destination so requires. |
(xi) Advertisements and publications relating to the treatment of general diseases or to any preparation for its prevention, care or relief. | - If addressed to duly qualified medical practitioners or chemist. |
[2nd November, 2001]
G.N. No. 320 of 2001
1. Citation
These Regulations may be cited as the Installation and Maintenance of Telecommunications and Radiocommunication Equipment Regulations.
2. Interpretation
In these Regulations, except where the context otherwise requires–
"Act" means the Tanzania Communications Act *;
"Commission" means the Tanzania Communications Commission established under section 3;
"contractor" means a telecommunication engineering firm responsible for installation and maintenance of telecommunication and radiocommunication equipment.
3. Licensing procedures
(1) The applicant shall follow the application guidelines and procedures obtained from the Commission after payment of relevant fees.
(2) The Commission shall inspect and evaluate the office and workshop premises and if satisfied it shall issue a licence to the contractor.
(3) The applicant shall be required to pay the relevant licence fee before being granted the licence.
4. Categories of contractors
The telecommunications and radiocommunication contractors shall be categorised in accordance with the classes of licences as may be determined by the Commission.
5. Installation compliance
The telecommunication and radiocommunication installations shall either be performed by a registered telecommunication or radio technician or engineer, and where the installation is conducted by any other person, such installation shall be certified by a registered telecommunication or radio engineer.
6. Offence and penalty
Any person who contravenes the provisions of these Regulations commits an offence and he shall upon conviction be liable to pay a fine of not less than the equivalent of Tanzania shillings of 300 USD but not exceeding the equivalent in Tanzania shillings of 500 USD, and the Commission may further suspend or cancel any licence held by the licensee.
[2nd November, 2001]
G.N. No 321 of 2001
1. Citation
These Regulations may be cited as the Tariff Regulations.
2. Interpretation
In these Regulations, unless the context otherwise requires–
"dominant operator" means a monopoly postal or telecommunication operator with an economic strength and ability to prevent effective competition in a market by affording to it the power to behave, to an appreciable extent, independently of its competitors, customers and ultimately consumers;
"tariff" means any charges by an operator of telecommunications or postal services;
"tariff rebalancing" means the process of aligning the tariffs to the underlying cost of providing service.
3. Application
These Regulations shall apply to operators who provide postal telecommunication services.
4. General principal of tariff
(1) Tariffs shall be based on objective criteria and shall always be cost oriented.
(2) Tariffs shall be sufficiently unbundled, but additional features introduced to provide certain specific extra services shall be charged independently of the inclusive features and conveyance.
(3) Tariffs shall be non-discriminatory and shall guarantee equality of treatment.
(4) An operator may offer discount schemes on tariffs and shall be required to inform the Commission of any such scheme available to customers.
(5) An operator shall provide accurate billing information on tariffs and usage to enable for customers to verify whether or not they are billed correctly.
(6) No operator shall apply tariffs that prevent market entry or distant competition by applying tariffs below the underlying cost of providing the service without the Commission's approval.
5. Filing of tariffs
(1) A dominant operator shall file with the Commission for its approval, proposals in writing on new or revised tariffs, rates and charges it intends to apply for the use of its system and facilities in accordance with the procedure specified in its licence.
(2) Tariff proposals shall contain all relevant accounting and costing information required by the Commission concerning rates and charges for service including deposits, non-recurring charges, monthly charges as well as terms and conditions applicable to the provision of services and rights and remedies available to consumers in the event of unauthorised charges or other disputes or claims on billing or provision of service.
6. Filing of tariffs
An operator shall upon approval by the Commission ensure that the tariffs or charges are published in the public media within seven business days before they are effected and the costs of publication of the approved tariffs shall be born by the operator.
7. Tariff rebalancing
An operator shall be required to comply with any directive issued by the Commission on tariff rebalancing.
8. Tariff revision
Revision of tariffs may occur in the following manner, namely–
(a) operator's request of authorization by the Commission; or
(b) written directive issued by the Commission to the operator with a reasonable notice.
9. Appeal
(1) Where the Commission and the operator fail to reach agreement on the proposed tariff and counter proposal, an operator may appeal to the Commercial Court of Tanzania.
(2) An operator who fails to lodge an appeal against the decision of the Commission within thirty days of the said decision shall be deemed to have accepted the counter-proposal of the Commission.
10. Penalty
Any person who contravenes any provisions of these Regulations for which no penalty is provided shall be guilty of an offence and shall be liable on conviction to pay a fine of an equivalent in Tanzanian shillings of 8,000 USD.
[2nd November, 2001]
G.N. No 322 of 2001
1. Short title
These Regulations may be cited as the Telecommunication Numbering Regulations.
2. Interpretation
In these Regulations, unless the context requires otherwise–
"Act" means the Tanzania Communications Act *;
"Commission" means the Tanzania Communications commission established under section 3 of the Act;
"telecommunication number" means the number, sign or other mark which a telecommunication carrier or operator in its delivery of telecommunication services uses for identification of telecommunication facilities in order to connect between the place of transmission and the place of reception, or for identification of the type of content of transmission the telecommunication facility is to deliver.
3. Powers of the Commission
The Commission shall maintain control of all telecommunication numbers and ensure fair and efficient use of them by–
(a) performing proper planning, allocations and monitoring;
(b) maintaining the national telecommunication numbering system register for all carriers and operators in respect of resources which have been assigned.
4. Obligation of operators
All telecommunication operators and carriers shall be required to use telecommunication numbers allocated to them by the Commission in accordance with the national telecommunication numbering plan and shall ensure that telecommunication numbers are–
(a) utilised efficiently;
(b) limited to provision of telecommunication services;
(c) utilised in a manner that telecommunication facilities or services may be identified;
(d) employed by users in a fair and friendly manner;
(e) utilised and paid for as designated by the Commission in accordance with the procedures for assignment of telecommunication numbers.
5. Telecommunication Numbering Plan
The National Telecommunication Numbering Plan shall include telecommunication numbers used to identify–
(a) telecommunication networks or various carriers;
(b) terminal facilities for cellular phones;
(c) signalling transmission equipment;
(e) emergency and inquiry calls;
(f) terminal transmission line facilities for data communication services;
(g) electronic mail communication networks;
(h) types or content of telecommunication services;
(i) terminal transmission line facilities for paging services;
(j) space for future technological developments.
6. Assignment of telecommunication numbers
Where an application is submitted and the Commission determines that the telecommunication numbers required for provision of telecommunication services in the application are available, the Commission shall after taking into account the National Telecommunication Numbering Plan, and upon payment of the prescribed fee, assign the numbers required for the telecommunications services and issue a certificate of assignment with the conditions of such telecommunication numbers.
7. Change of telecommunication numbers
Where a telecommunication numbering plan is changed, the Commission shall issue a notice to the public and the respective numbers assignees at the reasonable time prior to the date when the anticipated change is to be effected.
8. Abolition of use of telecommunication numbering
Where an operator fails to use a number assigned to him by the Commission or fails to pay annual fees, he shall be required to submit to the Commission the reasons for such failure, of which the Commission may take regulatory measures including cancellation of the assignment.
TABLE OF CONTENTS
Regulation
Title
1. Citation.
2. Interpretation.
3. Call type.
4. Interconnection negotiation procedure.
5. Conditions of interconnection agreements.
6. Protection of the network.
7. Network access.
8. Cost of interconnection.
9. Co-location.
10. Quality of service.
11. Network upgrading.
12. Interconnection and charges.
13. Arbitration.
14. Action by the Commission.
15. Penalties.
THE INTERCONNECTION REGULATIONS
[2nd November, 2001]
G.N. No. 323 of 2001
1. Citation
These Regulations may be cited as the Interconnection Regulations.
2. Interpretation
In these Regulations, unless the context requires otherwise–
"Act" means the Tanzania Communications Act *;
"agreement" means interconnection agreement;
"co-location" means accommodation of two or more switches or other telecommunications equipment in one building or premises, which may not necessarily belong to one operator for the purpose of integrating the provision of telecommunication services;
"Commission" means the Tanzania Communications Commission established under section 3 of the Act;
"interconnection" means the physical or logical linking of telecommunication networks used by operators to originate and terminate calls into their network;
"interconnection charges" means the price charged by network owner to another operator for the purpose of terminating calls into a network;
"interconnecting operator" means the operator seeking to be connected to another operator or any other network for the purpose of origination and termination of calls;
"operator" means an entity engaged in the provision of telecommunications services;
"point of interconnection" means a physical point where the system of one operator is connected to the system of the other operator for routing of calls from one system to the other;
"telecommunication services" means any transmission of information by wire, radio waves, optical media or other electromagnetic systems, between or among points of the user's choice.
3. Call type
Telephone calls provided by interconnected operators shall be categorised as follows:
(a) mobile to mobile calls - Domestic and East Africa;
(b) fixed to fixed calls - Domestic and East Africa;
(c) mobile to fixed calls - Domestic and East Africa;
(d) fixed to mobile calls - Domestic and East Africa;
(e) mobile outbound international calls;
(f) mobile inbound international calls; and
(g) fixed transit services.
4. Interconnection negotiation procedure
The Commission shall issue an interconnection negotiation procedure and guidance on approval or rejection of Interconnection Agreements.
5. Conditions of Interconnection Agreements
(1) The Interconnection Agreement shall be subject to the following general conditions–
(a) Interconnecting operators shall conclude agreements based on transparency and non-discriminatory principles;
(b) an operator engaged in the provision of telecommunications services, shall not apply less favourable technical and commercial conditions to any competitor than it would apply to itself, its subsidiaries or affiliates in the delivery of services;
(c) a network operator shall interconnect with another operator at cost based interconnection charges;
(d) a network operator shall offer an interconnecting operator adequate capacity to ensure that the interconnecting operator renders similar levels of quality of service;
(e) interconnecting operators shall agreed on interconnection charges for the delivery of telecommunication services;
(f) quality of service standards shall constitute part of the conditions of interconnection agreement.
(2) The Commission shall make, each agreement approved under this regulation accessible to public at a fee as to be determined from time to time by the Commission.
(3) Where operators to an interconnection agreement wish to amend the agreement, they shall submit to the Commission the proposed amendments for its determination whether or not the terms and conditions remain just, reasonable and non-discriminatory.
(4) The operator shall make any necessary modifications in order to comply with the Commission's direction made under subregulation (3) of this regulation.
6. Protection of the network
(1) An operator who is involved in an interconnection agreement shall ensure that–
(a) service that is offered to the public is restored as soon as it is practicable in the event of breakdown of the network;
(b) in the event that a service that is offered to the public is not available due to a natural act, he endeavours to maintain the highest level of service standard to meet emergency services;
(c) the integrity of a public telecommunication network is maintained by remaining physically joined and operational at all times;
(d) inter-operability of services is maintained during the duration of their licence;
(e) protection of data stored in a technical system which is deemed confidential by either party.
(2) The need to meet any of the requirements set out in subregulation (1) of this regulation shall not constitute a waiver by either party to interconnection agreement.
7. Network access
(1) An operator shall, pursuant to the existing legislation, install a net work a facility on, over or under public or private land and share at the point of interconnection where physical, or technical constraints deprive another operator of access to a viable interconnection alternative.
(2) An operator shall provide access to poles, towers, ducts, conduits, land and buildings as part of the operator's right-of-way to any other entities, for reasons associated with, but not limited to town and country planning, environmental and technical factors provided that the parties negotiate the commercial and technical details thereto.
(3) An operator shall provide non-discriminatory access to a network on an unbundled basis to any requesting operator at any technically feasible point on rates, terms, and conditions that are just and reasonable for the provision of the service.
8. Costs of interconnection
An operator requesting access to an existing network shall meet its portion of the interconnection cost except co-location facility if there is available capacity.
9. Co-location
With respect to co-location the operator shall:
(a) file with the Commission a Schedule of fees charged for co-location;
(b) agree on a meet-point with another operator seeking interconnection and designating a location for interconnecting the network;
(c) provide reasonable, just, and non-discriminatory rates, terms and conditions for collocation of equipment necessary for interconnection or for providing access to the unbundled network elements at the operator's premises;
(d) resort to virtual collocation, requiring interconnection at a place outside the operators usual premises such as switching, transmission, or main distribution frame room if it is demonstrated that physical collocation is not practical for technical reasons or due to space limitations; and
(e) agree with an operator seeking interconnection on a facility that is based on the operating premises of either party to complete the transmission.
10. Quality of service
(1) An operator shall ensure that a service passing through its network is delivered at the level of quality prescribed by the Commission.
(2) An operator shall ensure that the prescribed quality of service is not impaired on interconnection.
11. Network upgrading
(1) In order to achieve the quality of inter-operability to the prescribed level an operator shall–
(a) notify the Commission and operator interconnecting in the network of any planned change in the network capacity, technology, structure and configuration, within fifteen months of effecting the intended change; and
(b) provide details relating to any change in the operators network including traffic forecast to the Commission.
(2) An operator who fails to notify the Commission and other operator interconnecting into the network of any planned change to the network or fails to provide details of proposed changes as required under subregulation (1) commits an offence and is liable upon conviction to fine of the equivalent in Tanzanian shillings of 18,000 USD.
12. Interconnection charges
(1) All operators shall agree on a price for the delivery of a telecommunication service based on the following conditions, namely–
(a) the design of the interconnection rates based on the standard charge for the provision of a similar service to the Licensee's Customer plus adjustment that enables the Licensee to cover long run incremental cost as stipulated in the respective licence conditions;
(b) compensation arrangement which is reciprocal for the transportation and termination of traffic;
(c) coverage of the appropriate cost of providing the physical inter network links and associated equipment; and
(d) an operator to avail an interconnecting operator with information required to determine the interconnection charges with one month.
(2) In the event that the operator fails to avail another operator with the necessary information within the time stipulated under paragraph (d) of subregulation (1), the Commission shall direct in writing the other operator to avail the information within a period which the Commission may stipulate.
13. Arbitration
(1) Where the period for negotiations has lapsed and there failure to reach agreement or a dispute arises between parties under interconnection agreement, then any aggrieved party may petition to the Commission to arbitrate any open issues and submit a copy of the same to the other party.
(2) An operator that petitions to the Commission shall at the time submitting the petition provide all relevant documentation concerning–
(a) unresolved issues;
(b) the position of each of the parties with respect to these issues; and
(c) any other issue discussed and resolved by the parties.
(3) A non-petitioning operator to a negotiation under this regulation shall respond to the other operator's petition and provide additional information required within twenty-one days.
14. Action by the Commission
(1) The Commission may require the petitioning operator and responding operator to provide such information as may be necessary for the Commission to reach a decision on the unresolved issues.
(2) If any operator refuses or fails to respond within thirty days from date of any request from the Commission, the Commission may proceed to resolve such issues on the basis of the best information available to it from whatever source derived.
(3) In resolving any dispute on interconnection, the Commission shall:
(a) resolve each issue set forth in the petition and the response, if any, by imposing appropriate conditions on implementation of the terms and conditions by the parties to the agreement;
(b) ensure that such resolution and conditions meet the requirements of these Regulations.
15. Penalties
Any operator who contravenes any provision of these Regulations where no penalty is expressly provided shall be liable to pay a fine the equivalent in Tanzanian shillings of 5,000 USD.
[2nd November, 2001]
G.N. No. 324 of 2001
1. Citation
These Regulations may be cited as the Communication Operators (Licensing) Regulations.
2. Interpretation
In these Regulations, unless the context otherwise requires:
"Act" means the Tanzania Communications Act *;
"Commission" means the Tanzania Communications Commission established under section 3 of the Act;
"communications operators" means postal, telecommunications and radiocommunication operators;
"licence" means a licence issued under the provisions of the Act;
"licensee" means any person licensed by the Tanzania Communications Commission;
"person" means any individual, firm, company, partnership, trust, limited liability Company, joint venture, government entity or other entity.
3. Application for licence
(1) Except for operation of telecommunication systems specified in section 9(3) and postal services specified under section 13(1)(b) of the Act, no person shall operate any telecommunication system or offer postal or courier or telecommunication services without first obtaining a licence from the Commission.
(2) Any person who intends to offer postal, radiocommunication or telecommunications services or to operate a telecommunications system shall file a written application with the Commission.
(3) The applications relating to:
(a) basic telecommunication services;
(b) basic postal service;
(c) international courier services;
(d) land mobile cellular services;
(e) data communications services; and
(f) any other services determined by the Commission from time to time,
shall be submitted for consideration through a tender process or any other method as may be determined by the Commission.
(4) Any applicant under this regulation shall be required to submit to the Commission the following documents, namely–
(a) a certified copy of business licence;
(b) a certificate of incorporation or registration;
(c) business plan for the proposed services;
(d) information on technical proposal for the services to be provided;
(e) information on previous experience in the provision of the services.
(5) Any applicant for radiocommunication licence shall be required to provide documents set out under subregulation 4(a) and (b), technical manual of the intended radio set, and any other information as required under Radiocommunication Regulations 2001.
(6) In addition to the conditions provided for in subregulation (4) of this regulation, an applicant for postal or courier services shall submit the following information, namely:
(a) projected delivery standards;
(b) means of transport available for providing the services; and
(c) storage facilities.
(7) An applicant applying for telecommunication services shall in addition to conditions set out under subregulation (4) submit information on:
(a) interoperability and compatibility of the system with other systems;
(b) availability of emergency services.
(8) Upon receipt of an application, the Commission shall pursuant to the provisions of paragraph 35 of the Second Schedule of the Act, publish a notice of the application in two local newspapers inviting comments from the public.
(9) The Commission shall verify information submitted by the applicant in accordance with subregulations (4), (5), (6) and (7) of this regulation.
(10) If an applicant fails to submit documents or information as required under subregulations (4), (5), (6) and (7) of this regulation, the Commission shall not consider the application and the applicant shall be so informed in writing.
(11) The dismissal of an application under this regulation shall not prevent the applicant from resubmitting another application with the required information except where a tender process is involved.
(12) A resubmitted application shall be treated as a new application.
4. Granting of licence
(1) After an evaluation process is completed, the Commission shall notify the successful applicant and other unsuccessful applicants the results of the evaluation, and where a tender process was involved, make announcement in news media, especially in local news papers, widely circulating in the country.
(2) The Commission shall invite the successful applicant for negotiations before finalising the procedures for the granting of the licence.
(3) Where frequency requirements are involved the licensee shall be required to make a separate application for a radio frequency user licence.
5. Licence fees
(1) Where applicable the licensee shall pay to the Commission the fees as may prescribed by the Commission and such fees shall include–
(a) an initial licence fee payable before the licence is issued;
(b) an annual fee:
(i) in percentage of the gross revenues collected by the licensee for the licensed services; or
(ii) a fixed amount, to be determined by the Commission:
Provided the annual fee may be paid on the basis of quarterly gross revenue beginning one year after starting of operations;
(iii) in respect of the assigned frequency, frequency bandwidth or radiocommunication station.
(2) The Commission may from time to time review the licence fees when it deems fit.
6. Duration of licence
The duration of the licence shall vary according to the service provided and shall be determined by the Commission.
7. Renewal of licence
The Commission shall renew the duration of the licence upon request by the licensee for an additional period provided that the licensee is not in material breach of the licence conditions under regulation 12 of these Regulations.
8. Modification of licence
(1) A licensee may at any time submit to the Commission a written request for modifying his licence and the request for modification shall be considered by the Commission to establish whether or not such request is contrary to the provisions of the Act or any Regulations made thereunder and shall respond to the licensee accordingly.
(2) The Commission may, on its own initiative, modify a licence issued pursuant to these Regulations.
(3) Prior to modifying the licence, under subregulation (2), the Commission shall issue a notice in writing, to the licensee stating the following, namely:
(a) the reasons for the proposed modifications;
(b) the modification to the licence that the Commission proposes to make;
(c) the date by which the licensee shall respond, in writing to the proposed modifications, and that date shall be at least twenty-eight days from the date on which the Commission serves the notice on the licensee.
(4) If the licensee does not respond in accordance with regulation 8(3)(c) or if the licensee responds, but subsequently withdraws that response, the Commission may modify the licence as specified in the notice.
(5) Where the licensee responds in accordance with regulation 8(3)(c) the Commission may either–
(a) issue the licence modified in accordance with the notice; or
(b) issue the licence with modifications by incorporating the licensee's response partially or wholly as it may deem fit; or
(c) make no modifications to the licence.
9. Transfer of licence
(1) No licence shall be transferred to another person except with the prior consent of the Commission.
(2) If a licensee proposes to transfer a licence, the licensee and the person to whom the licence is proposed to be transferred to shall jointly submit a request in writing to the Commission for consent of the transfer.
(3) The transferor shall submit the request together with the transferee's documents as stipulated under regulation 3(4) to the Commission for consent of the transfer.
(4) Any application to transfer a licence shall be treated by the Commission in the same manner as a request for the issuance of a licence under these Regulations.
10. Transfer of shares
The majority shareholder licensee shall not transfer subcontract or assign any interest or alienate his shares in the licence without the Commission's approval of the performance guarantee of the new majority shareholder.
11. Performance guarantee
The majority shareholder shall guarantee performance of the licensee in accordance with the terms and conditions of the licence and shall execute a guarantee agreement with the Commission.
12. Material breach
The following events shall constitute material breach:
(a) failure of a licensee to commence construction of the network within six months of the date of execution of the licence;
(b) failure of a licensee to provide service to customers within twelve months of execution of the licence;
(c) continuous interruption of service for a consecutive or combined period of thirty days over any six months period; provided that the interruption is not a result of force majeure;
(d) bankruptcy or filing of any insolvency proceeding against the licensee or adjudication of same in favour of creditors if such proceeding is filed against the licensee;
(e) any proceeding or assignment of assets for the benefit of creditors, or any state of the licensee which may be considered as "insolvency" under any written law in force;
(f) repetition or continuation of an event of infraction following written notice by Commission to cease operation or a combination of the events of infraction;
(g) failure of a licensee to pay licence fees as provided under these Regulations;
(h) failure to comply with any other condition set out in the licence.
13. Prohibition of discrimination
Without prejudice to other obligations imposed on the licensee under these Regulations, a licensee shall not do or omit to do a thing, which is intended to, or is likely to have the effect of discriminating any other licensee in any business activity relating to the licensed services.
14. Suspension or cancellation
(1) The Commission may suspend or cancel a licence as if it is satisfied that–
(a) the licensee is in material breach of licence conditions or the provisions of regulation 12 and has not remedied any such breach within thirty days of receiving notification of the breach from the Commission; or
(b) the licensee is dissolved, or has entered into liquidation, bankruptcy or equivalent proceedings or has made a general assignment for the benefit of creditors; or
(c) the licensee and the Commission have agreed in writing to terminate the licence.
(2) Prior to suspending or cancelling a licence the Commission shall issue a thirty days notice to the licensee to remedy the breach.
(3) Where a licence is cancelled by the Commission, the licensee shall surrender the licence to the Commission within fourteen days from the date of cancellation.
15. Fines
(1) Where a licensee has breached a licence condition or any provisions of these Regulations the Commission shall have power to impose a fine not exceeding the equivalent of 1% of a postal or telecommunication operator's gross annual revenue.
(2) The Commission shall give the operator thirty days written notice with reasons, of the intended fine, during which the communication operator shall have an opportunity to make representations to the Commission.
(3) Where the Commission is of the opinion that the communication operator's reasons are not acceptable, it shall impose the fine on the communication operator.
[1st January, 2002]
G.N. No. 325 of 2001
1. Citation
These Regulations may be cited as the Consumer Protection Regulations.
2. Interpretation
In these Regulations, except where the context requires otherwise–
"Act" means the Tanzania Communications Act *;
"Association" means the Tanzania Consumers Association and any other registered body representing consumers in Tanzania;
"bills" means a written statement of money owed for services provided by postal or telecommunication operators;
"Commission" means the Tanzania Communications Commission established under section 3 of the Act;
"complaint" means any statement of dissatisfaction of services by postal or telecommunications consumer;
"consumer" means a customer of telecommunication or postal services;
"contract of services" means an agreement entered into between the licensee and the customer for the provision of the licensed services to the customer;
"licensee" means an entity licensed by the Commission to provide postal or telecommunication services;
"outage credit" means a credit to be paid to a customer for a period of time when the services are not operating for reasons not caused by the customer.
3. Customer care system
(1) Each licensee shall establish a customer care system within which customers can make inquiries and complaints.
(2) Telecommunication operators shall establish a customer care system within six months from the date of being licensed by the Commission.
(3) Postal operators shall establish customer care system immediately after being granted a licence by the Commission.
4. Powers of the Commission
The Commission shall have powers to:
(a) investigate and determine any complaint whose subject matter does not exceed the equivalent in Tanzanian shillings of 5,000 USD;
(b) investigate any other complaint whose subject matter exceeds equivalent in Tanzanian shillings of 5,000 USD for onward transmission to the arbitrator.
5. Complaint handling procedure
(1) All postal and telecommunication operators shall be required to notify customers about the availability of consumer complaint procedures and have in place forms to be used for registering complaints.
(2) The Commission shall issue a complaint registration procedure and forms to be used which shall include information on:
(a) the nature of the contravention or non-compliance of conditions of licence;
(b) the extent to which such contravention or non-compliance of the conditions of licence had impact on the complainant;
(c) the relief sought as a result of such alleged contravention or non-compliance;
(d) any other relevant information which may facilitate investigation of the complaint.
(3) The complaint form shall be filled in duplicate, and a copy shall be retained by the customer.
(4) Each licensee shall provide a response to the customer's complaint within twenty one business days of receipt of the inquiry or complaint from the Customer.
(5) Where a customer is dissatisfied with the users or licensee's response provided under subregulation 4, he may refer the complaint, to the Commission.
(6) The Commission shall investigate any complaint referred to under paragraph (a) of subregulation (2), and require information to be submitted by the licensee.
(7) Upon completing investigation on the complaint, referred to under paragraph (a) of subregulation (2) the Commission shall make a decision in writing and inform the customer and the licensee that the complaint–
(a) merits a formal hearing and advise parties of the date, time and place of hearing; or
(b) does not merit a formal hearing and advise parties of its determination and proceed to decide the matter.
(8) Where the Commission conducts a formal hearing of the complaint, it shall after due consideration of all the evidence and reports, make an order of determination or issue an appropriate directive, including payment of a fine as the Commission may deem fit.
(9) Any person aggrieved by the decision of the Commission under subregulation (7) may, within fourteen days of the receipt of the decision, appeal to a court of competent jurisdiction.
6. Information for consumers
(1) A licensee shall provide a clear and understandable description of available services and the terms, conditions, rates, and charges for the services.
(2) A basic postal and telecommunication operator shall regularly publish or arrange to be published, directories and guide for the services they offer.
7. Outage credit system
(1) A licensee shall within six months from the date of the grant of the licence establish a system of outage credits to be given to a customer.
(2) The outage credit system shall be submitted to the Commission for its approval or modification, and shall become part of the contract of services.
(3) The licensee shall have no liability to customers for outages outside the control of the licensee and which constitute an event of force majeure.
8. Confidentiality
It shall be unlawful for the licensee or any other person to monitor or disclose the content of any information of any customer transmitted through the licensed systems, except as required or permitted by any written laws in force.
9. Emergency services
(1) A telecommunications licensee shall provide free of charge access to emergency services in accordance with the National Numbering Scheme.
(2) A licensee shall provide emergency, safety and assistance services in accordance with the written laws in force as well as with applicable international standards.
10. Code of commercial practice
(1) A licensee shall deliver to each customer during the first six months of the commencement of the service, a code of commercial practices, approved by the Commission.
(2) The code of commercial practices referred to under subregulation (1) shall–
(a) include without limitation, the written form of the complaint process, the system of outage credits and the system of emergency services;
(b) not replace or diminish any benefit of price assurance provided to the customer by the contract of service;
(c) act as supplement to the contract of service and not in diminution of customer's consumer rights;
(d) be consistent with consumer protection laws of the United Republic.
11. Provision of service
A licensee shall provide services without discrimination among customers or among members of the public who wish to become customers.
12. Billing
A telecommunication licensee shall install a billing system that permits upon request of a customer, to issue bills that identify the rates charged to the customer, the number called, the duration of each call, the charge per call, applicable discounts and the class of service.
13. Penalty
Any person who contravenes any provision of these Regulations, commits an offence and upon conviction is liable to a fine as may be determined by the Commission. {/mprestriction}