ISSN 0856 — 034X Supplement No. 42 24" October, 2014 SUBSIDIARY LEGISLATION {0 the Gazete of the United Republic of Tanzania No. 43 Vol 95 dated 24" October, 2014 Printed by the Government Printer, Dar es Salaam by Order of Government GOVERNMENT NOTICE NO. 422 published on 24/10/2014 ARRANGEMENT OF RULE PARTI PRELIMINARY PROVISIONS Rules‘ ,” Tithe ¥ Citation 2 Application 3. Interpretation PARTI * TENDER: Invitation to Tender Evaluation of Tenders Public Notice Presentation . Management ané Board approval eeu awe Consultation with the Ministers 10, Grant of Licenses. 11, Amendment of the Rules. SCHEDULEThe Electronic and Postal Communications Act EN. No. 422 (contd) THE ELECTRONIC AND POSTAL COMMUNICATIONS ACT (CAP. 306) RULES (Made under Section 16 (2)) THE ELECTRONIC AND POSTAL COMMUNICATIONS (LICENCE PROCEDURES) RULES, 2014 PARTI PRELIMINARY PROVISIONS. Cision and 1, These Rules may be cited as the Electronic and Postal Commence Communications (Livence Procedures) Rules, 2014, Application 2. These Rules shall apply to licensing of Network Facilities, Network Services and Content Services Licences except Community Content Services. Interpretation 3. In these Rules, unless the context otherwise requires- 1 “Act” means the Electronic and Postal Communications Act, Cap. 306; “Application Services Licence” means an electronic communications licence entitling the helder to provide one or more application services; “Authority” means the Tanzania Communications Regulatory Authority; “Content Services Licence” means an electronic communications licence entitling the helder to provide one or more content services; “District Market Segment” means an authorization to offer services by one or more individual licences to an administrative district; “Individual Licences” means Network Facilities Licence, Network Services Licence, Application Services Licence or Content Services Licence: “International Market Segment” means an authorization to offer services by one or mote individual licences beyond the national boundaries; “Invitation to Apply” means a notice issued by the Authority inviting any person to apply for a particular licence,The Electronic and Postal Communications Act GIN. No. #22 (contd) Invitation to Tender Evaluation of “Tenders “Market Segments” rheans the division of the individual licences into Intemational Market Segttient, National Market segment, Regional Market segment, District Market segment et, “Network Facilities Licence” means an electronic communications licence entitling the holder to construct, maintain, own and make available one or more network facilities such as Earth Stations, Fixed links and cables, Public Payphone facilites, Radio communications transmitters and links, Satellite hubs, Satellite control station, Space station, Submarine cable landing centre, Switching cette, Tower, poles, ducts ot pits; “Network Services Licence” means an électronic communications licence entitling the holder to provide one or mote network services; “National Market Segment” means en authorization to offer services by one or more individual licences to national market; “Regional Market Segmient” migans an authorization to offer services by one or more individual licences to one or more administrative regions and for Content Services to tert points of presetice; PARTIE TENDER 4 The Authority shall- (a) from ‘ime to time, through a competitive tender process invite applications for Network Facilities, Network Services and Content Services Licences which require spectrum; (b) make announceinent in a competitive tender process mentioned in sub-rule (1) about the available spectrum. (©) prepare tender document which will include among other things the following: @) Form FSA as per First Schedule to these Rules; (ii) Form CS as per Second Schedule to these Rules. 5. The Avthority shal (a) constitute an evaluation team to evaluate all tenders submitted and ‘opened during the public opening ceremony; (b) notify the bidders in writing on the outcome of the tender evaluation, :The Electronic and Postal Communications Act GN. No. 422 (contd) Public Notice Presetation 6. The Authority shall- (@) publish « notice of successful bidders) in widely , circulating newspapers inviting written comments from the public within fourteen (14) days from the date of publication (b) proceed with processing of the said application after elapse of the fourteen days of the publication the notice and Authority is satisfied that the anplicant is not required to submit any additional documents or information; (6) The applicant must notify the Authority of any material change affecting applicant is application including any change in shareholding structure; (@) in case needs appears may require the applicant to furnish additional information regarding the applicetion, 7, After pubication of the public notice, an applicant will be notified and invited to make presentation before the Authority of his business and technical plans. and Board soprovals 8. All qualified applicants/bidders shal be submitted to the Management for noting and approval (2) Applicarts noted by the Managensent wil be submitted othe Board for consideration and approval Consultation with Minister Gan of, Livences (3) The Authority. shall notify successful applicant/bidder, 9, Before issuance of an individual licence, the Authority shall make MluiveySecet’ Ptior consultation with the Minister responsible for- (@) communications witere application is for Network Facilities and Network Services Licences ; or (©) content where application is for Content Services Licences, 10. The Authority shall- * @ invite successful applicant(s) for award of a licence(s) in a licence ceremony. (b) to successful applicant(s), licence(s), certificate(s), Legislation and Regulations related tothe licence(s). (©) grant a icence and certificate to an applicant bearing the logo and seal of the Authority and signed by the Director General and witnessed by the Director of Legal Services/Secretary to the Board. 4The Electronic and Postal Communications Act GN.No. #22 (contd) Amentnest of LL. The Authority may from tinie to time amend these Rules. FIRST SCHEDULE ; : (Made under Rude 4) FORM FSA. APPLICATION FORM ‘TH3 UNITED REPUBLIC OF TANZANIA TANZANIA COMMUNICATIONS REGULATORY AUTHORITY & APPLICATION FOR A LICENCE TO PROVIDE COMMUNICATION NETWORKS AND SERVICES NOTE: The duly filled application form must be submitted withthe following attachments: 1. General i, Transmittal leter tothe DG fi, Photo copy ofreceipt for application fees iii, A certified copy of certificate of Incorporation or Repistration iv. A certified copy of Company"s Memorandum of Association v1 Information on track record (references) vi Company Profile Content Service Licence applivants to also complete Form CS 2, Business and Technical Plans with the following: A. Business Plan i. Service to be offered ii, Costing structure Service Pricing Projected financial statements Financing plan Capital Investment Ratio (Equity: Debt) Organization Structure ‘Human resource development strategy ix, Customer care strategyThe Electronic and Postal Communications Act GN. No 422 (conud) B. Technical Plan i, Network design and architsture (Eequency channeling arrangements, i Network rollout plan (coverage, cstomer base projections construction ple, radio frequenc)) i. Manuals, brochures and technical specifications 3. Typeof Licence applied for (las ik) Network Facies Licence [Network Servies Licence Applications Services Livence Content Services 4. Particulars of Applicant A. Name of applicant: Telephone..ecnmnnan ii Enmuil.... . i Physical address Town City, ees Street needa Plot No, 1 ePO COE asses B. Company Information: (Applicable to al applicants) (i)_Name(s) of SharebeldereDivstors and Shrcholdng sacar (4) SIN | Nome of Stercholdr | Citizenship Shares (ii) Share Capita of Company. i) Nature of Services applied fe. (is) The intended area to be covered by these services: (please tick) 2) Intemational >) NationalThe Electronic and Postal Ce icati ic B ommunicati GN. No, #22 (conid.) va act ©) Regional 6) District Ut region(s) or nis) please ention: 5. Estimated Cost of investment 6.Do you intend to use frequency spectrun? Yes / No (plecveek) Leyes, please provide the network diagram 3, Number of staff: 2, Establishment of Staf, Qualifications and Nationality Name of Saif Qualcations T v = a me = - 4 a 3 =“ 6 — re 7 Ca - a Se Note: Attach CVs fo each staff listed. 8, Staff training prograrmes (atch eatiaevidene if aay) | 7-Stef establishment and qualiation (present and fre | | | | 10, ture staf development plans 11, Any other relevant information on staff developmentThe Electronic and Postal Conununications Act GN. No. 422 (contd) 12. Declaration | declare thatthe contents ofthis application and all enclosures are true and conect, Name Position — Signature and Oficial Stamp DateThe Electronic and Postal Communications Act GIN No. 422 (contd) (Onder Rute 4) SECOND SCHEDULD | FORM CS, APPLICATION FORM ‘THE UNITED REPUBLIC OF TANZANIA ‘TANZANIA COMMUNICATIONS REGULATORY AUTHORITY eS A. APPLICANT INFORMATION; Applicant Details Namie of applicant: Pliysical address(including Post Cou): [Telephone nimber( TT Raxnaber: Ennail adress Webs: Type of service = “Tipe ofileenes | [y Radio Broedeasting(Free To Az Radio) Commercial [Television (Fee To Air Television) Nen Comercial | Subseription Broadcasting Commnity (Terrestial) Onher(Please explain) [C1 Subscription Broadcesting : (ether technologies) Support Services (Teresi) Support Services Satellite) O ‘Conduct Person “Telephone number (Fixed and Mobil) Fax number 1 E-mail address: Receipt No. of Application Fees: WebsiteThe Electronic and Postal Communications Act GN. No. 22 (cond) 2. Company Information: (Applicable to all applteants) 1. Name(s) of shersholders’ Ditestor and Sarhliog suuctire (2) ‘So | Name of Shareholder [Cee Share 2 Share Capital of Company, 3. Attach Feasibility Study and Cash Flow Analysis. Cash Flow Analysis should be prepared in a format which conforms to International Financial Reporting Standards (IFRS). IThe Electronic and Postal Communications Act GN. No. 422 (contd) B, TECHNICAL SPECIFICATIONS (Appitiubleo AMMMIW/FM Sound broadcasting applicants oh): a ‘Transmitter Information: SN] Required Transmitter Information T | Make and Type of Bquipment 2 | Manufacturer's Name and Address 3 | Antenna Type and make ‘Ravenna Gain | Maximum Output Power ‘Effective Railisied Power (ERP) ~ 5 | Coordinates of the transmitting point "| (eg, Min, See) 5, 6 | Height of the ransmitting tower above the ground (In Meters) 7 | Height ofthe transmiting tower ‘above the sea level (In Meters) 8 | Siation Type M_Jstation ‘ BLLJer Station 9 | Intended Service Ares, ‘Attack rollout plan) Do you intend to use Setellite Uplink? (Yes/No) if Yes, Provide Particulars ofthe organization and teaming satelite location, coordinates and opereting frequenciestransponder 10 | Exact Studio Site Location (Area, Street, Block, Plot No. ete) TT | Exact Antenna (Broadcasting) Ste Location (Ates, Stet, Block, Plot No: es) TS Osneship of Tanase mee 8 Address and Contact e | It shared, please mention name of companion.The Electronic and Postal Communications Act GN No #22 (conid) 1B | Frequency Bend 14] 1. Nominal Bandwidth... 2. Typeof Modulation 3. Class of Emission... 4, ‘Transmitter Power..... $.——Aximuth of Maximum Redtion in Degres 6. Angular Width of Radiation Main Lobe in Degrees... sue biaeea 15 | Maximum fous of Operation pr day. 16 _| For Cable Television, give particulars of Modulator equipment and accessories (Moultor make and type, cable type, ete) 17 | For IPTViVOD give particulars of heed-end C: ANTENNA MAST CONSTRUCTION: (Applicable to all applicants deploying Transmission Masts) ‘Contactor Name and Adaress “Telephone number Fixed and Mobile): Fax Number Emaladdress: Websie Region District: ‘CRB Registration Number: ‘(Tek Approprite Category ORB Registration Category: Local Foreign 12The Electronic and Postal Communications Act GIN. No. 422 (contd) 1D: STUDIO TECHNICAL SPECIFICATIONS (For git-Appiteants) 1, Studio technical specifications Particulars of studio equipment @) Tit of enipent Make tid Type ‘Oe paras j6 ‘Note: Please wach Tevknial Brochures of staioaccessores 2. Contltions for Studio Layout ‘The applicant sould ese hal ee ae provisions Std rodction ‘Sto oom, Liv Swio Room, Col Room, News Roo, Library ee. F} The studio rooms shoul be desined wih standird acoustic teatmeat mata desig and constructed by a eiteed profesional company | Wang eng rooms To Wa Saab prove 5 | The Stadio should bs professionally fenced wih provision of secur. (Note: Please etiaoh Studio Layout Diagram(s) 3. Intended Multiplex Operator: 1. Name ofthe Multiplex Operator fe ese: Po 2, Location of Headend Fr STUDIO TO TRANSMITTER LINK (Applicable to Digital Television and AM/MW/EM applicants), STL information for Digital Television Feeds and AMIMIJEM Sound Browdcastings SNo) Required STL infomation Wake and Type of Buipment 2) Manufacarer’s None and Adsress 13The Electronic and Postal Communications Act GN. No. 422 (contd) 3] Anteava Type and make: ‘ateaxa Gao: 4 | Maximum Output Power: ‘Effective Radiated Power (ERP): | Coordinates of the transmitting point Coordinates ofthe receiving point (Deg, Min, Se): (Deg, Min, Se): 6 | Heit ofthe transmitting tover Height ofthe receiving tower above the above the ground (In Meters): ‘ground level (in Meters): 7 | Height ofthe tensmiting tower Height ofthe receiving tower above the sea above te ea level (in Meter): deve (In ete): 8 | For fiber optic lnk, describe its camponens specifications and attach technical | | brochures (formation may be insued inthe projet write-up) 5 Attack any adionl information T 1 [Notes For STL Tks cons theDiectorae of [afnation and Communication Techrologieson| applicable frequency range sotto acquisition of equipment. G: Content Service information (4ppcableo oll Applian) T | Source of Programmes (Locally Produced! TFimpored please specify Importeé %) (Source, Copyright . Agreements) Note: Minimum 60% must be loc. (Attach evidence of compliance with 2.1 above) 2 Type of Programmes “Time end Hours of Operation per Day (Commercil, Advertsing, Cutul, Spor, Political, Religious, Entertaiamert es) ss ni 3, | Intended Charges to Viewers: and Listeners Expected Date of Commencement of (Applicable to Subscription Services) Operations (DD / MM/ YYYY) | Fr Please attach a diverse seven day weak Expecied Date of Commencement of | | program schedule whieh conforms tothe business | Operations (DD / MM YYYY) plan objectives a - is 5 | Batol Policy Guidelines [ Please attach 14The Electronic and Postal Communications Act GN. No. 422 (contd) Note: Attach description for items 1-5 above i Declaration | declare that the conterts of this application and all enclosures herein are true and correct. ‘Name Position Signature end Offical Stamp... . Dat Dar es Salaam JOHN 8. NKOMA 15 October, 2014 Director General Tanzania Communication Regulatory Authority