Tanzania
Answer ... (a) Telecommunications
Licensing in the telecommunications sector depends on the service being provided. The main categories of licences include the following:
- Network facilities licence: This applies to parties that intend to install, maintain or own an element or combination of elements of a physical infrastructure used primarily for, or in connection with, the provision of telecommunications services.
- Network services licence: This gives authorisation to provide the service of carrying information in the form of speech or other sound, data, text or images, typically provided to the customer side of the network boundary of telecommunications services.
- Application services licence: This applies to parties that specifically resell or procure services from network service licensees. A key feature of such a licensees is that they do not own network infrastructure or operate the network.
Licences are further categorised based on the market segment which the licensee intends to service, as follows:
- international;
- national;
- regional; and
- district.
The Electronic and Postal Communications Act (EPOCA) does not expressly provide for any exemptions to licensees as these are typically subject to negotiations with the Tanzania Communications Regulatory Authority (TCRA) or the government of Tanzania. In this sense, exemptions are typically included as part of a special arrangement approved and reflected through an agreement entered into with the Cabinet of Tanzania.
(b) Internet
ISPs are licensed as application service licence holders where the network is procured or resold from a network service licensee. However, where the ISP will also own and operate internet network infrastructure such as optic fibre cabling or towers, the appropriate licensing regime will include a network facilities and services licence too.
Online content service licensing applies where a licensee intends to provide content through the Internet for broadcasting or through web blogs.
(c) Media
There are two main types of media licences:
- Print media licence: Private media houses must be licensed by the director of the Information Services Department to publish, sell, offer for sale, import, distribute or produce print media in any manner.
- Online media or online content licence: A content service licence issued by the TCRA is required to offer speech or other sound, text or images, whether still or moving, through an online platform. The TCRA allows for a construction permit exemption for a period of two years.
As media typically involves commercial broadcasting, there are no exemptions. At most the TCRA allows special content providers to pay reduced fees. Special content providers are those that operate television channels or radio station that provide specific formal educational content covering different subjects from nursery, tertiary or higher learning institutions.
(d) Social media
Social media content is not necessarily licensed by the TCRA; the TCRA simply ensures that content made available through social media adheres to the content requirements. The law distinguishes between online content user and hosts: the former are those that post on social media platforms; while the latter host content on social media and ensure that prohibited content is removed upon notification by the TCRA.
Tanzania
Answer ...
|
Validity |
Bond or deposit guarantee requirements |
Additional obligations |
Network facilities licence |
10-25 years (depending on market segment and type of facility).
|
The TCRA may require an applicant for a licence to furnish a performance bank guarantee from a bank registered in Tanzania. |
- Requirement to display the licence on all respective business premises.
- Certain types of facilities are subject to a royalty fee.
|
Network services licence |
25 years (international, national and regional market segments);
10 years (district market segment). |
- 24 hours a day, seven days a week services are required, without discrimination, to provide essential application services (emergency service numbers, directory assistance, operator assistance, customer assistance).
- Network service interoperability with other network service systems is required.
- Certain types of services are subject to a royalty fee.
|
Application services licence |
Three 10-year terms (depending on the category of licence and market segment). |
- Requirement to display a licence on all business premises.
|
Content services licence |
Three years |
None. |
- Requirement to display the licence on all business premises.
|
Print media licence |
One year |
The director of the Information Services Department may determine that a licensee requires a bond in the course of the application and direct that the bond should be created. |
|
Tanzania
Answer ... Telecommunications licences (network facilities, network services and application services): An applicant for a telecommunications licence must create an account and register under the Tanzanite Portal (https://tanzanite.tcra.go.tz/index.htm), which is used to process licence applications to the TCRA. Generally, the application will require the following information:
- manuals, brochures and technical specifications;
- a network rollout plan on the coverage of customer base projections, a construction plan and radio frequency (if any);
- network configurations and security features;
- the costing structure;
- service pricing;
- a customer care strategy;
- five-year financial statement projections (cash flow, income statement and balance sheet);
- a financial plan (proof of availability of funds);
- the capital investment ratio of equity to debt; and
- a human resource development strategy.
Once the registration is complete, the applicant must upload certified copies of the following documents:
- the certificate of incorporation;
- a taxpayer identification number certificate and tax clearance certificate issued by the revenue authorities;
- the company memorandum and articles of association;
- a company profile;
- a copy of information on the company’s track record; and
- a business plan.
In making its decision, the TCRA will ensure that the requisite documents and information have been furnished and notify the applicant if any information is missing. Thereafter the TCRA will embark on an evaluation of the applicant and publish on its website an invitation for public comment (this does not apply where the licence will have a duration of less than five years). Public comments are assessed by the internal evaluation team, which is also responsible for interviewing the applicant. Recommendations from the team are then forwarded to management for decision making and thereafter are presented to the TCRA board for approval and the minister for consultation. The licence is granted to the successful applicant through the Tanzanite Portal.
Media: An application for a print media licence must be submitted to the director of the Information Services Department for registration and licensing. The application form together with the following documents must be submitted:
- a certificate of incorporation or any other form of legal registration;
-
a business plan containing:
-
- the vision, mission and policy of the media outlet;
- the location and nature of the media business;
- the names, CVs and certified copies of academic certificates of the relevant editors; and
- a dummy presentation of the intended media layout; and
- proof of payment of the prescribed fees.
Meanwhile, an application for a digital media licence must adhere to the above telecommunications licensing procedures.
Tanzania
Answer ... Apart from publication to the public for a period of 14 days, the law does not specify how long it takes to obtain a telecommunications or digital media licence. In practice, the process takes one to three months on average. There are no costs, aside from the initial licence fee and the application fee, which differs depending on the type of licence and the market segment.
Similarly, the law does not prescribe the period for the issuance of a print media licence; but the process can take anywhere from 14 days to two months on average. The initial licence fee is TZS 1 million.
Tanzania
Answer ... Generally, telecommunications licensees and digital media licensees must comply with the terms and conditions provided in the licence. These include terms on:
- quality of service;
- the licensed area;
- interconnection;
- consumer protection;
- universal service obligations;
- shareholding structure; and
- rollout plan.
They must also provide the requisite service and essential elements 24 hours a day at a quality required under the law.
The TCRA observes compliance under the Electronic and Postal Communications (Enforcement and Compliance) Guidelines of 2022 through steps such as:
- inspections;
- content monitoring;
- frequency monitoring; and
- assessments of the quality of service.
Failure to comply with the requirements is an offence under the law and in certain instances amounts to a punishable material breach, which may result in the suspension or cancellation of the licence. Other penalties include fines, imprisonment or both.
In terms of print media, a licensee must uphold the professional code of ethics and maintain information, among other things. The director of the Information Services Department monitors compliance through his powers to request periodic reports to observe compliance. A licensee that fails to comply with the obligations may be issued a default notice and be summoned to defend the matter; on conviction, it may be liable to a fine of between TZS 5 million and TZS 20 million or imprisonment for between three and five years, or both. For offences related to publication, the punishment may be a fine of TZS 5 million and TZS 20 million or imprisonment for between three and 10 years, depending on whether it is a first offence.
Tanzania
Answer ... The validity of the licence is as outlined in question 3.2 and may vary depending on the terms of the licence. The EPOCA clearly stipulates, with regard to telecommunications and digital media licensing, that a licensee must submit its request to the TCRA. The renewal for a telecommunications licence requires payment of the renewal fee and submitting the application for renewal and supporting documents. An application to renew a large category licence must be made 12 months before the expiration of the licence; other licences must be renewed three months before expiration.
To renew a print media licence, an application for renewal must be submitted supported by an annual performance report and proof of payment of the renewal fee.
Tanzania
Answer ... The TCRA must issue written prior consent for a telecommunications or digital media licensee to transfer its licence. The process entails the transferor and transferee submitting an application jointly, together with any documents requested by the TCRA to support the application. Typically, an application for a transfer must be treated as an application for the issuance of a licence.
A print media licensee must not assign, transfer or dispose of any rights or obligations, or in any manner alienate the licence or any part thereof, without applying for a new licence or other changes in particulars. The process entails the submission of a prescribed form together with the prescribed fees to the director of the Information Services Department for approval.