- CHAPTER I – PRELIMINARY
- CHAPTER II – REGULATION OF INFORMATIONAND COMMUNICATIONS SERVICES AND SYSTEMS
- PART I - FUNCTIONS OF THE MINISTER AND THE AUTHORITY
- PART II - AUTHORISATION OF INFORMATION AND COMMUNICATIONS SYSTEMS AND SERVICES
- PART III - TERMS AND CONDITIONS OFINFORM-ATION AND COMMUNICATIONS LICENCES
- PART IV – ENSURING FAIR COMPETITION
- PART V - ACCESS AND INTERCONNECTION
- PART VI – REGULATIONS OF TARIFFS AND QUALITY OF SERVICE
- PART VII - ALLOCATION AND ASSIGNMENT OF FREQUENCIES AND REGULATION OF THE ELECTROMAGNETIC SPECTRUM
- PART VIII – MANAGEMENT OF NUMBERS
- PART IX – TYPE-APPROVAL OF TERMINAL EQUIPMENT
- PART X – UNIVERSAL ACCESS AND SERVICE
- PART XI - PROVISIONS CONCERNING THE INTERESTS AND RIGHTS OF END USERS
- CHAPTER III – INFORMATION SOCIETY ISSUES
- PART I – INTERPRETATION OF THIS CHAPTER
- PART II – FUNCTIONS OF THE DEPARTMENT OFSTATE
- PART III - COMPUTER MISUSE AND CYBER CRIME
- PART IV - PROTECTION OF CHILDREN
- PART V - ELECTRONIC RECORDS AND ELECTRONICSIGNATURES
- PART VI - ELECTRONIC TRANSACTIONS
- PART VII – E-GOVERNMENT SERVICES
- PART VIII - REGULATION OF SERVICE PROVIDERSAND CERTIFICATION AUTHORITIES
- CHAPTER IV - REGULATORY PROVISIONSFOR BROADCASTING CONTENT
- CHAPTER V – MISCELLANEOUS
INFORMATION AND COMMUNICATIONS
ACT, 2009
ARRANGEMENT OF SECTIONS Section
CHAPTER I – PRELIMINARY
- Short title
- Interpretation
- Scope of this Act
- Consultation of stakeholders
- Keeping of records
CHAPTER II – REGULATION OF INFORMATION AND COMMUNICATION SYSTEMS AND SERVICES
PART I – FUNCTIONS OF THE MINISTER AND THE AUTHORITY
- Principles
- Functions of the Minister
- Additional functions of the Minister
- Functions of the Authority
PART II – AUTHORISATION OF INFORMATION AND COMMUNICATIONS SYSTEMS AND SERVICES
- Licensing of information and communications services, systems and apparatus
- Private networks
- Alternative infrastructure
- Exclusivity
- Exclusive licence for rural telephony service
- Licence and other fees
- Administrative charges and regulatory fees
- Application procedures
- Applications requiring the allocation of frequencies
- Publication of information on application procedures
- Publication of applications for licences and authorisations
- Application evaluation process
- Reasons for denial
- Limit on number of licences
- Non-transferability of licences
- Term and renewal of licences
- Modification of licences
- Revocation of authorisation
- Termination of authorisation
PART III – TERMS AND CONDITIONS OF INFORMATION AND
COMMUNICATIONS LICENCES
- Principles of licence conditions
- Procedures governing licences
- Applicability of licence conditions
- Licence conditions
- Specific conditions
- Emergency service obligation
- Services for the disabled
- Rights of licensees
- Rights to use land
- Sharing of property and facilities
- Compensation
- Enforcement of conditions
- Monitoring of licence compliance
- Provision of information
- Confidential information
- Sanctions
- Harmful interference
PART IV – ENSURING COMPETITION
- Fair competition
- Market analysis
- Relevant markets
- Determination of significant market power
- Imposition of obligations on undertakings having significant market power
- Cost accounting obligation
- Local loop unbundling
- Carrier selection
- Infrastructure sharing
- Number portability
- International roaming
- Fixed-to-mobile call termination
- Evolution of the regulatory framework to promote the development of the internet
PART V – ACCESS AND INTERCONNECTION
- Right to interconnection
- Principles
- Terms and conditions of interconnection agreements
- Non-discrimination
- Legal regime of interconnection agreement
- Good faith negotiations
- Content of interconnection agreements
- Interconnection charges
- Technical standards
- Calling line identity
- Points of interconnection
- Requests for new forms of interconnection
- Confidentiality of information
- Review of interconnection agreements
- Modification of interconnection agreements
- Reference interconnection offer
- Publication of a reference interconnect offer
- Relevant cost orientation
- Monitoring of interconnection tariffs
- Communication of information to the Authority
- Co-location
- Interconnection disputes
PART VI -REGULATIONS OF TARIFF AND QUALITY OF SERVICE - Tariff regulation
- Price Caps
- Quality of service
- Obligations of authorised operators
PART VII – SPECTRUM MANAGMENT
- Interpretation
- Allocation and assignment of spectrum
- National Spectrum Allocation Plan
- Categories of frequency bands
- Application procedures
- Environmental impact statement
- Migration of users
- Harmful interference
- Restrictions
- Radio monitoring
- Co-ordination of frequency usage
- Right to enter building, etc.
PART VIII – MANAGEMENT OF NUMBERS
- Responsibility
- National Numbering Plan
- Management of the National Numbering Plan
- Rules on numbering
- Publication of the National Numbering Plan
- Conditions for the use of numbers
- Revocation of the right to use numbers
- Access to emergency numbers
- Information of the use of numbers
- Use of databases
- Electronic addressing
PART IX-TYPE APPROVAL OF TERMINAL EQUIPMENT
- Principles
- Type approval
PART X – UNIVERSAL ACCESS AND SERVICE
- Non-discrimination in service provision
- Licensees to offer uniform services
- Universal service obligation
- Cooperation in the management of universal access and service
- Designation of universal access and service providers
- Reviewing the scope of universal access and service
- Funding of universal service
- Universal Service Fund
- Fund Board
- Fund Secretariat
- Fund Manager
PART XI – PROVISIONS CONCERNING THE INTERESTS AND RIGHTS OF END USERS
- Principles
- Right to deposit or security
- Calling line identification
- Standard contracts
- Provisions regarding contracts
- Amendments to terms of subscriber contracts
- Dispute resolution
- Temporary closure of connections
- Removing restrictions or re-opening of connections
- Right to close connections
- Termination of contracts
- Itemised billing
- Numbering changes
PART XII – DISPUTE RESOLUTION
- Complaints of unfair competition
- Disputes between operators
- Disputes between operators and consumers
PART XIII – PROCESSING OF PERSONAL DATA AND PROTECTION OF PRIVACY
- Principles
- Intercept
- Measures to ensure privacy of communications
- Security of information and communications services
- Storage of traffic data
- Data for the identification of subscribers
- Information to be provided to subscribers
- Maintenance of subscriber lists
- Use of communications for direct marketing
- Itemised billing and privacy
- Prevention of calling line identification – outgoing calls
- Prevention of calling or connected line identification – incoming calls
- Publication of information for the purposes of calling or connected line identification
- Co-operation of communications providers for the
purposes of regulations calling and connected line
identification
- Tracing of malicious or nuisance calls
- Emergency calls
- Termination of automatic call forwarding
- Unsolicited goods, services or communications
- Unsolicited calls for direct marketing purposes
- Use of automated calling systems
- Use of facsimile machines for direct marketing purposes
- Use of electronic mail for direct marketing purposes
- Use of electronic mail for direct marketing purposes where the identity or address of the sender is concealed
- Information to be provided for the purposes of direct marketing
CHAPTER III – INFORMATION SOCIETY ISSUES
PART I – INTERPRETATION OF THIS PART
161. Interpretation of this Part
PART II - FUNCTIONS OF THE MINISTRY
162. Functions of the Ministry in relation to Information Society Issues
PART III – COMPUTER MISUSE AND CYBER CRIME
- Unauthorised access to computer data
- Access with intent to commit offences
- Unauthorized access to and interception of computer
service
- Unauthorised modification of computer material
- Damaging or denying access to computer system
- Unlawful possession of devices and data
- Unauthorized disclosure of password
- Publishing of Information which is obscene in electronic form
- Re-programming of mobile telephone
- Possession or supply of anything for re-programming mobile telephone
- Computer-related extortion, fraud and forgery
PART IV – PROTECTION OF CHILDREN
- Indecent photographs of children
- Deletion order
PART V – ELECTRONIC RECORDS AND ELECTRONIC SIGNATURES
- Sphere of application
- Legal recognition of data messages
- Incorporation by reference
- Requirement for writing
- Other requirements
- Retention
- Retention of information in original form
- Production of document or information
- Expression of intent or other statement
- Attribution of electronic record and signature
- Effect of change or error
- Acknowledgement of receipt of electronic message
- Admissibility and evidential weight of data messages
- Signatures
- Recognition of foreign certificates and electronic
signatures
- Notarisation, acknowledgement and certification
- Equal treatment of signature technologies
- Conduct of a person relying on an electronic signature
- Conduct of the certification service provider
- Trustworthiness
- Generating key pair
- Acceptance of certificate
- Control of private key
- Initiating suspension or revocation
PART VI – ELECTRONIC TRANSACTIONS
- Formation and validity of contracts
- Automated transactions
- Variation by agreement between parties
- Time of dispatch
- Time of receipt
- Place of dispatch and receipt
- Information to be provided
- Cooling-off period
- Unsolicited goods, services or communications
- Performance
- Applicability of foreign law
- Non-exclusion
PART VII – E-GOVERNMENT SERVICES
- Acceptance of electronic filing and issue of documents
- Requirements may be specified
PART VIII – REGULATION OF [SERVICE PROVIDERS/CERTIFICATION AUTHORITIES]
- Requirement for a licence
- Licence for electronic certification services
- Accreditation of foreign products and services
- Trustworthy system
- Disclosure
- Issuing of certificate
- Representations on issue of certificate
- Suspension of certificate
- Revocation of certificate
- Revocation without subscriber's consent
- Notice of suspension
- Notice of revocation
CHAPTER IV – REGULATORY PROVISIONS FOR BROADCASTING CONTENT
PART I – FUNCTIONS OF THE MINISTER AND THE AUTHORITY
- Functions of the Minister in relation to broadcasting content
- Objects of the Authority in relation to broadcasting content
- Functions of the Authority in relation to broadcasting content
PART II – LICENSING OF BROADCASTING SERVICES
- Requirement for a broadcasting licence
- Application for a broadcasting licence
- Eligibility and evaluation of applications
- Grant or refusal of a broadcasting licence
- Duration and renewal of a broadcasting licence
- Transfer and surrender of licence
- Revocation of licence
- Suspension of licence
- Register of licences
PART III – DUTIES OF LICENSEES AND CONDITIONS OF BROADCASTING LICENCES
- Duties of licensees
- Conditions of a broadcasting licence
- Compliance to the licence and this Act
- Complaints to the Authority concerning broadcasts
- Complaints procedure of licensee
- Counterversion
CHAPTER V – MISCELLANEOUS
- Offences
- Offences of employees
- Assault
- Contravention or failing to comply with this Act
- Offences by body corporate
- Act to have overriding effect
- Regulations and guidelines
- Repeal
- Transitional provisions
INFORMATION AND COMMUNICATIONS
ACT, 2009
THE GAMBIA
NO. 2 OF 2009
Assented to by The President,
This 29th day of May, 2009
AN ACT to provide for the re-structuring, development, and regulation of the information and communications sectors in The Gambia and for matters connected therewith.
29th
[ May, 2009 ]
ENACTED by the President and the National Assembly.
CHAPTER I – PRELIMINARY
Short title
1. This Act may be cited as the information and communications Act, 2008.
Interpretation
2. In this Act, unless the context otherwise requires
“access” means the making available of facilities or services of any operator under defined conditions, on either an exclusive or non-exclusive basis, for the purpose of providing information and communications services, including access to - (a)
- network elements and associated facilities, which may involve the connection of equipment by fixed or non-fixed means (and includes access to the local loop and
to facilities and services necessary to provide services over the local loop);
- (b)
- physical infrastructure including, buildings, cable engineering networks, ducts and masts and poles;
- (c)
- relevant software systems, including operational support systems;
- (d)
- number translation facilities or to systems offering equivalent functionality;
- (e)
- fixed and mobile networks, in particular for roaming;
- (f)
- conditional access systems for digital television services; and
- (g)
- access to virtual network services;
“allocation” means the entry in the Table of Frequency Allocations of a given frequency band for the purpose of its use by one or more terrestrial or space radio communication services or the radio astronomy service under specified conditions and applies to the frequency band concerned;
“alternative infrastructures” means any installation or a set of installations that allow or contribute to allow either the transmission or to the transmission and the routing of the information and communications signals;
“alternative infrastructure operators” means entities owning infrastructures or rights that may, without undertaking any public information and communications network operator’s activities as defined by present Act, support or contribute to the support of information and communications networks;
“apparatus” means an equipment, instrument, or any other object, for use in the provision or in the reception of information and communications
No. 4 of 2002
services, and includes a fitting to or accessory of the equipment, instrument or object;
“assignment” means an assignment by the Authority of rights to use specified spectrum;
“associated facilities” means those facilities associated with an information and communications network or an information and communications services which enable or support the provision of services via that network or service, including conditional access systems and electronic programme guides;
“authorisation” means an individual licence, class licence or permit issued under this Act which grants a set of rights and obligations to an entity, and grants an entity the right to - (a)
- install and operate information and communications systems; or
- (b)
- provide information and communications services and includes individual licence as defined in Part III of this Chapter;
“authorised provider” means a person who holds a valid authorisation to operate an information and communications system or provide an information and communications service under this Act;
“Authority” means The Gambia Public Utilities Regulatory Authority established under The Gambia Public Utilities Regulatory Authority Act, 2001 or any other regulatory authority to which the Government has given the responsibility for the regulation of information and communications services, information and communications networks, associated facilities and associated services;
“Board” means the Board of the Authority;
"broadcaster" means the natural or legal person who has editorial responsibility for the composition of television programme services for reception by the general public and transmits them, or has them transmitted, complete and unchanged, by a third party;
“broadcasting” means the transmission of programmes, whether or not encrypted, by radio waves or other means of communication, including terrestrial antennae, information and communications networks or satellite in coded or not coded form, aimed for reception by the public, with the aid of any equipment or apparatus; “broadcasting apparatus” means an apparatus used for broadcasting, but does not include a private radio receiving set or a private television receiver;
“broadcasting service” means a service which provides regular broadcasting;
“class licence” means a general authorization granted by the Authority to any legal entity meeting the applicable conditions appended to it and which obligates the legal entity in question to - (a)
- obtain an explicit decision from the Authority before exercising rights deriving from the authorization; and
- (b)
- communicate information about the service concerned as necessary to assure proper compliance with the applicable conditions appended thereto in accordance with current regulations;
“closed user group” means a group of mobile telephone subscribers who can only make calls and receive calls, excluding short messaging service, from members within the group;
“Code of Conduct”, in relation to broadcasting, means the Code of Conduct established by the Authority under section 228;
“commercial activities connected with information and communications” means - (a)
- the provision of information and communica
tions service;
- (b)
- the supply or export of information and communications apparatus; or
- (c)
- the production or acquisition of the information and communications apparatus for supply or export;
"consumer" means any natural person who uses or requests a publicly available information and communications service for non-professional purposes;
“convey” includes transmit and transport and “conveyance” shall be construed accordingly;
“customer premises equipment” means equipment on the premises of a person not being an information and communications licensee, which is used to originate, route or terminate information and communications services;
“declaration” means an act of registration of information and communications activities with the Authority by a network operator or service provider which, under the terms of this Act, does not require the operator or provider to obtain an explicit decision from the Authority prior to commencing the operation of the network or provision of the service, but grants the entity a permit proving registration;
“Ministry” means the Ministry responsible for information and communications;
‘‘domain name’’ means an alphanumeric design-nation that is registered or assigned in respect of an electronic address or other resource on the Internet;
‘‘domain name system’’ means a system to translate domain names into Internet Protocol addresses or other information;
“electromagnetic system” means a system by which messages or sound or light or visual images may be transmitted by - (a)
- wire activated by electricity;
- (b)
- radio waves or any other electromagnetic energy;
- (c)
- optical energy; or
- (d)
- a combination of any two or more of those systems;
“encrypted” means treated electronically or otherwise so as to prevent intelligible reception in the absence of the means of decryption;
"end-user" means a user not providing public communications networks or publicly available information and communications services;
“force majeure” includes - (a)
- an act of God, riot or civil commotion;
- (b)
- a strike, lock-out or other industrial disturbance;
- (c)
- a war, blockade or an insurrection;
- (d)
- an earthquake, hurricane, a flood, a fire or an explosion;
- (e)
- an outbreak of pestilence or epidemic;
- (f)
- Government rationing of electricity or other wartime or emergency control imposed by Government; and
- (g)
- an embargo or trade restriction;
“frequency” means the number of complete cycles per second of a wave of electromagnetic energy; “Fund” means the Universal Service Fund that may be established under section 117;
“general authorization” means a permit granted by the national regulatory authority to any legal entity meeting the applicable conditions appended to it and which obligates the legal entity in question to - (a)
- obtain an explicit decision from the authority before exercising rights deriving from such document; and
- (b)
- communicate information about the service concerned as necessary to assure proper compliance with the applicable conditions appended to the authorisation in accordance with current regulations;
“harmful interference” means interference which - (a)
- endangers the functioning of a radio navigation service or of other safety services; or
- (b)
- otherwise seriously degrades, obstructs or repeatedly interrupts a radio communications service operating in accordance with the applicable regulations;
"illicit device" means any equipment, software, or arrangement designed or adapted to give access in an intelligible form to one of the services constituting a protected service without the authorisation of the service provider;
“individual licence” means an authorization which is granted to a legal entity by the Minister and which grants the entity specific rights or imposes specific obligations which are in addition to the rights and obligations attached to general authorizations or class licences and which obligates the legal entity in question to - (a)
- obtain an explicit decision from the Minister before exercising rights deriving from such document; and
- (b)
- communicate information about the
service concerned.
“information and communications” means the emission, transmission or reception of information, including without limitation, voice, sound, data, text, video, animation, visual images, moving images and pictures, signals or a combination of them by means of magnetism, radio or other electromagnetic waves, optical, electromagnetic systems or any agency of a like nature, whether with or without the aid of tangible conduct;
“information and communications network identifier” means the addressing facilities identifying information and communications network points, including network termination points, or terminal equipment connected to an information and communications network in order to direct information specifically to the information and communications network points or the relevant terminal equipment or to identify the sender of information;
“information and communications network or system” means transmission systems and, where applicable, switching or routing equipment and other resources which permit the conveyance of signals by wire, by radio, by optical or by other electro-magnetic means, including satellite networks, fixed (circuit and packet-switched, including internet) and mobile terrestrial networks, electricity cable systems, to the extent that they are used for the purpose of transmitting signals, networks used for radio and television broadcasting, and cable television networks, irrespective of the type of information conveyed;
“information and communications services” means a service normally provided for remuneration which consists of the conveyance of signals on information and communications networks, including information and communications services and transmission services in networks used for broadcasting as well as services providing or exercising editorial control over content transmitted using information and communications networks;
“information society services” means services provided for remuneration, at a distance, with electronic means and on individual request of the recipient of the service and include, in particular, the sales of goods and services, services of access to information or advertising over the Internet and access to public communications network services, transmission of data, or storing the recipient’s data in the public communications network;
“interconnection” means the physical and logical linking of public information and communications systems and services used by the same or a different authorized provider, implemented between public network operators in order to allow - (a)
- subscribers of one authorized provider to
- (i)
- communicate with users of the same or another undertaking, or
- (ii)
- access services provided by another unde -taking; and
- (b)
- services to be provided by the parties involved or other parties who have access to the network to provide services;
“interoperability of networks and terminal equipment” means the ability of equipment to function, first, with the network, and, second, with other terminal equipment that can be used to access the same service;
“licensee” means a person who owns, operates or provides an Information and Communications network or electronic communications service under a licence granted under this Act;
“mass communications network” means a public information and communications network primarily used for broadcasting whereby television and radio programmes or other material is transmitted in identical form to all recipients;
“message” means any communication sent, received, or made, by information and communications, or given to any person, to be sent by electronic communications or to be delivered;
“National Numbering Plan” means the numbering plan prepared and managed by the Authority for use in connection with the supply of information and communications services in The Gambia;
“network controller” means the owner or operator of the network into which access is sought;
“network facilities” means any element or combination of elements of physical infrastructure used principally for, or in connection with, the provision of information and communications services and includes an information and communications network, conditional access systems and electronic programme guides, but does not include customer equipment;
“network termination point” means the physical point at which a subscriber is provided with access to a public communications network and, in the case of networks involving switching or routing, the network termination point is identified by means of a specific network address, which may be linked to a sub-scriber number or name;
“number” means a series of digits indicating an electronic communication network termination point, comprising the information necessary in order to route calls to that termination point;
“number portability” means the ability of users of an information and communications service to retain existing information and communications numbers without any impairment of quality, reliability or convenience when changing from one information and communications service licensee to another;
“open network provisions or architecture” means the harmonized conditions of communications system, including technical interfaces, access to frequencies tariff principles that allow efficient access to public information and communications systems;
“operator” means a person who owns, operates or provides a regulated information and communications system or information and communications service;
“operator having significant market power” means a legal entity which, either on its own or in conjunction with other legal entities, holds a position equivalent to a dominant position, that is, a company which has a significant capacity to act in a manner independent of its competitors, its customers and ultimately consumers;
“prescribed” means set out in this Act or by regulations made under this Act;
“private communications service” means an information and communications service provided by an authorized provider for - (a)
- its own use over a private information and communications system; or
- (b)
- the use of third parties,
within an identifiable, wholly self-contained private information and communications system which does not inter-connect with a public information and communications system;
“public communications network” means an information and communications network used wholly or mainly for the provision of publicly available information and communications services;
“public telephone network” means an information and communications network which - (a)
- is used to provide publicly available telephone services; and
- (b)
- supports the transfer between network ter
No. 4 of 2002
mination points of speech communications, and also other forms of communication, such as facsimile and data;
“publicly available telephone service” means a service available to the public for originating and receiving national and international calls and access to emergency services through a number or numbers in a national or international telephone numbering plan, and where relevant, includes one or more of the following services - (a)
- the provision of operator assistance, directory enquiry services, directories,
- (b)
- the provision of public pay phones;
- (c)
- the provision of service under special terms;
- (d)
- the provision of special facilities for customers with disabilities or with special social needs; or
- (e)
- the provision of non-geographic services;
“radio communication” means any emission, broad-casting, transmission or reception of radio waves specifically for communication purposes
“Regulatory Authority Act” means The Gambia Public Utilities Regulatory Authority Act, 2001;
“Minister” means the Minister responsible for information and communications;
“ service provider” means an operator;
“subscriber” means a person who is a party to a contract with a provider of a publicly available information and communications service or the beneficiary of the provisions of tariffs, including prices, terms and conditions of service, filed by an operator as required by the Authority, for the supply of the service;
“transmission” includes emission, switching and reception;
“transport” includes conveyance;
“Union” means the International Telecommunications Union;
“universal access obligation” means the obligation to - (a)
- provide basic telephone services for social reason at an affordable price or free of charge to statutorily designated persons pursuant to rules and regulations made by the Authority; or
- (b)
- contribute to the Fund;
“universal service” means a defined minimum set of services of specified quality which is available to all users independent of their geographical location, and in the light of specific national conditions, at an affordable price;
“user” means a person who uses, or requests, a publicly available information and communications service, and includes a subscriber.
Scope of this Act
3. (1) This Act applies to all information and communications services and systems as defined in this Act, other than those specially exempted under this Act.
(2) This Act does not apply to information and communications equipment (particularly radio systems and information and communications terminal equipment) manufactured and used exclusively for national defence purposes, the use of those frequencies shall be defined in accordance with the definitions in this Act.
Consultation of
4. (1) Except in relation to
stake-holders - (a)
- any complaint or dispute being dealt with in accordance with this Act;
- (b)
- the exercise of any enforcement powers of the Authority under this Act; or
- (c)
- cases where the Authority considers that there is an urgent need to act in order to safeguard competition and protect the interests of users in accordance with the law,
the Authority shall, where it intends to take a decision in accordance with this Act which has a significant impact on a market for information and communications networks or services, make available to interested parties a statement of the proposed decision and give the interested parties the opportunity to comment on the proposed decision within a period of sixty days, or as otherwise determined, depending on the circumstances.
CHAPTER I – PRELIMINARY
- Short title
- Interpretation
- Scope of this Act
- Consultation of stakeholders
- Keeping of records
CHAPTER II – REGULATION OF INFORMATION AND COMMUNICATION SYSTEMS AND SERVICES
PART III – TERMS AND CONDITIONS OF INFORMATION AND
PART VI -REGULATIONS OF TARIFF AND QUALITY OF SERVICE 161. Interpretation of this Part
162. Functions of the Ministry in relation to Information Society Issues
THE GAMBIA
NO. 2 OF 2009 AN ACT to provide for the re-structuring, development, and regulation of the information and communications sectors in The Gambia and for matters connected therewith.
29th
[ May, 2009 ]
ENACTED by the President and the National Assembly.
Short title
1. This Act may be cited as the information and communications Act, 2008.
Interpretation
2. In this Act, unless the context otherwise requires
“access” means the making available of facilities or services of any operator under defined conditions, on either an exclusive or non-exclusive basis, for the purpose of providing information and communications services, including access to “allocation” means the entry in the Table of Frequency Allocations of a given frequency band for the purpose of its use by one or more terrestrial or space radio communication services or the radio astronomy service under specified conditions and applies to the frequency band concerned;
“alternative infrastructures” means any installation or a set of installations that allow or contribute to allow either the transmission or to the transmission and the routing of the information and communications signals;
“alternative infrastructure operators” means entities owning infrastructures or rights that may, without undertaking any public information and communications network operator’s activities as defined by present Act, support or contribute to the support of information and communications networks;
“apparatus” means an equipment, instrument, or any other object, for use in the provision or in the reception of information and communications
No. 4 of 2002
services, and includes a fitting to or accessory of the equipment, instrument or object;
“assignment” means an assignment by the Authority of rights to use specified spectrum;
“associated facilities” means those facilities associated with an information and communications network or an information and communications services which enable or support the provision of services via that network or service, including conditional access systems and electronic programme guides;
“authorisation” means an individual licence, class licence or permit issued under this Act which grants a set of rights and obligations to an entity, and grants an entity the right to “authorised provider” means a person who holds a valid authorisation to operate an information and communications system or provide an information and communications service under this Act;
“Authority” means The Gambia Public Utilities Regulatory Authority established under The Gambia Public Utilities Regulatory Authority Act, 2001 or any other regulatory authority to which the Government has given the responsibility for the regulation of information and communications services, information and communications networks, associated facilities and associated services;
“Board” means the Board of the Authority;
"broadcaster" means the natural or legal person who has editorial responsibility for the composition of television programme services for reception by the general public and transmits them, or has them transmitted, complete and unchanged, by a third party;
“broadcasting” means the transmission of programmes, whether or not encrypted, by radio waves or other means of communication, including terrestrial antennae, information and communications networks or satellite in coded or not coded form, aimed for reception by the public, with the aid of any equipment or apparatus; “broadcasting apparatus” means an apparatus used for broadcasting, but does not include a private radio receiving set or a private television receiver;
“broadcasting service” means a service which provides regular broadcasting;
“class licence” means a general authorization granted by the Authority to any legal entity meeting the applicable conditions appended to it and which obligates the legal entity in question to “closed user group” means a group of mobile telephone subscribers who can only make calls and receive calls, excluding short messaging service, from members within the group;
“Code of Conduct”, in relation to broadcasting, means the Code of Conduct established by the Authority under section 228;
“commercial activities connected with information and communications” means "consumer" means any natural person who uses or requests a publicly available information and communications service for non-professional purposes;
“convey” includes transmit and transport and “conveyance” shall be construed accordingly;
“customer premises equipment” means equipment on the premises of a person not being an information and communications licensee, which is used to originate, route or terminate information and communications services;
“declaration” means an act of registration of information and communications activities with the Authority by a network operator or service provider which, under the terms of this Act, does not require the operator or provider to obtain an explicit decision from the Authority prior to commencing the operation of the network or provision of the service, but grants the entity a permit proving registration;
“Ministry” means the Ministry responsible for information and communications;
‘‘domain name’’ means an alphanumeric design-nation that is registered or assigned in respect of an electronic address or other resource on the Internet;
‘‘domain name system’’ means a system to translate domain names into Internet Protocol addresses or other information;
“electromagnetic system” means a system by which messages or sound or light or visual images may be transmitted by “encrypted” means treated electronically or otherwise so as to prevent intelligible reception in the absence of the means of decryption;
"end-user" means a user not providing public communications networks or publicly available information and communications services;
“force majeure” includes “frequency” means the number of complete cycles per second of a wave of electromagnetic energy; “Fund” means the Universal Service Fund that may be established under section 117;
“general authorization” means a permit granted by the national regulatory authority to any legal entity meeting the applicable conditions appended to it and which obligates the legal entity in question to “harmful interference” means interference which "illicit device" means any equipment, software, or arrangement designed or adapted to give access in an intelligible form to one of the services constituting a protected service without the authorisation of the service provider;
“individual licence” means an authorization which is granted to a legal entity by the Minister and which grants the entity specific rights or imposes specific obligations which are in addition to the rights and obligations attached to general authorizations or class licences and which obligates the legal entity in question to service concerned. “information and communications” means the emission, transmission or reception of information, including without limitation, voice, sound, data, text, video, animation, visual images, moving images and pictures, signals or a combination of them by means of magnetism, radio or other electromagnetic waves, optical, electromagnetic systems or any agency of a like nature, whether with or without the aid of tangible conduct;
“information and communications network identifier” means the addressing facilities identifying information and communications network points, including network termination points, or terminal equipment connected to an information and communications network in order to direct information specifically to the information and communications network points or the relevant terminal equipment or to identify the sender of information;
“information and communications network or system” means transmission systems and, where applicable, switching or routing equipment and other resources which permit the conveyance of signals by wire, by radio, by optical or by other electro-magnetic means, including satellite networks, fixed (circuit and packet-switched, including internet) and mobile terrestrial networks, electricity cable systems, to the extent that they are used for the purpose of transmitting signals, networks used for radio and television broadcasting, and cable television networks, irrespective of the type of information conveyed;
“information and communications services” means a service normally provided for remuneration which consists of the conveyance of signals on information and communications networks, including information and communications services and transmission services in networks used for broadcasting as well as services providing or exercising editorial control over content transmitted using information and communications networks;
“information society services” means services provided for remuneration, at a distance, with electronic means and on individual request of the recipient of the service and include, in particular, the sales of goods and services, services of access to information or advertising over the Internet and access to public communications network services, transmission of data, or storing the recipient’s data in the public communications network;
“interconnection” means the physical and logical linking of public information and communications systems and services used by the same or a different authorized provider, implemented between public network operators in order to allow “interoperability of networks and terminal equipment” means the ability of equipment to function, first, with the network, and, second, with other terminal equipment that can be used to access the same service;
“licensee” means a person who owns, operates or provides an Information and Communications network or electronic communications service under a licence granted under this Act;
“mass communications network” means a public information and communications network primarily used for broadcasting whereby television and radio programmes or other material is transmitted in identical form to all recipients;
“message” means any communication sent, received, or made, by information and communications, or given to any person, to be sent by electronic communications or to be delivered;
“National Numbering Plan” means the numbering plan prepared and managed by the Authority for use in connection with the supply of information and communications services in The Gambia;
“network controller” means the owner or operator of the network into which access is sought;
“network facilities” means any element or combination of elements of physical infrastructure used principally for, or in connection with, the provision of information and communications services and includes an information and communications network, conditional access systems and electronic programme guides, but does not include customer equipment;
“network termination point” means the physical point at which a subscriber is provided with access to a public communications network and, in the case of networks involving switching or routing, the network termination point is identified by means of a specific network address, which may be linked to a sub-scriber number or name;
“number” means a series of digits indicating an electronic communication network termination point, comprising the information necessary in order to route calls to that termination point;
“number portability” means the ability of users of an information and communications service to retain existing information and communications numbers without any impairment of quality, reliability or convenience when changing from one information and communications service licensee to another;
“open network provisions or architecture” means the harmonized conditions of communications system, including technical interfaces, access to frequencies tariff principles that allow efficient access to public information and communications systems;
“operator” means a person who owns, operates or provides a regulated information and communications system or information and communications service;
“operator having significant market power” means a legal entity which, either on its own or in conjunction with other legal entities, holds a position equivalent to a dominant position, that is, a company which has a significant capacity to act in a manner independent of its competitors, its customers and ultimately consumers;
“prescribed” means set out in this Act or by regulations made under this Act;
“private communications service” means an information and communications service provided by an authorized provider for within an identifiable, wholly self-contained private information and communications system which does not inter-connect with a public information and communications system;
“public communications network” means an information and communications network used wholly or mainly for the provision of publicly available information and communications services;
“public telephone network” means an information and communications network which No. 4 of 2002
mination points of speech communications, and also other forms of communication, such as facsimile and data;
“publicly available telephone service” means a service available to the public for originating and receiving national and international calls and access to emergency services through a number or numbers in a national or international telephone numbering plan, and where relevant, includes one or more of the following services “radio communication” means any emission, broad-casting, transmission or reception of radio waves specifically for communication purposes
“Regulatory Authority Act” means The Gambia Public Utilities Regulatory Authority Act, 2001;
“Minister” means the Minister responsible for information and communications;
“ service provider” means an operator;
“subscriber” means a person who is a party to a contract with a provider of a publicly available information and communications service or the beneficiary of the provisions of tariffs, including prices, terms and conditions of service, filed by an operator as required by the Authority, for the supply of the service;
“transmission” includes emission, switching and reception;
“transport” includes conveyance;
“Union” means the International Telecommunications Union;
“universal access obligation” means the obligation to “universal service” means a defined minimum set of services of specified quality which is available to all users independent of their geographical location, and in the light of specific national conditions, at an affordable price;
“user” means a person who uses, or requests, a publicly available information and communications service, and includes a subscriber.
Scope of this Act
3. (1) This Act applies to all information and communications services and systems as defined in this Act, other than those specially exempted under this Act.
(2) This Act does not apply to information and communications equipment (particularly radio systems and information and communications terminal equipment) manufactured and used exclusively for national defence purposes, the use of those frequencies shall be defined in accordance with the definitions in this Act.
Consultation of
4. (1) Except in relation to
stake-holders the Authority shall, where it intends to take a decision in accordance with this Act which has a significant impact on a market for information and communications networks or services, make available to interested parties a statement of the proposed decision and give the interested parties the opportunity to comment on the proposed decision within a period of sixty days, or as otherwise determined, depending on the circumstances. PART I – FUNCTIONS OF THE MINISTER AND THE AUTHORITY
PART II – AUTHORISATION OF INFORMATION AND COMMUNICATIONS SYSTEMS AND SERVICES
COMMUNICATIONS LICENCES
PART IV – ENSURING COMPETITION
PART V – ACCESS AND INTERCONNECTION
PART VII – SPECTRUM MANAGMENT
PART VIII – MANAGEMENT OF NUMBERS
PART IX-TYPE APPROVAL OF TERMINAL EQUIPMENT
PART X – UNIVERSAL ACCESS AND SERVICE
PART XI – PROVISIONS CONCERNING THE INTERESTS AND RIGHTS OF END USERS
PART XII – DISPUTE RESOLUTION
PART XIII – PROCESSING OF PERSONAL DATA AND PROTECTION OF PRIVACY
purposes of regulations calling and connected line
identification
CHAPTER III – INFORMATION SOCIETY ISSUES
PART I – INTERPRETATION OF THIS PART
PART II - FUNCTIONS OF THE MINISTRY
PART III – COMPUTER MISUSE AND CYBER CRIME
service
PART IV – PROTECTION OF CHILDREN
PART V – ELECTRONIC RECORDS AND ELECTRONIC SIGNATURES
signatures
PART VI – ELECTRONIC TRANSACTIONS
PART VII – E-GOVERNMENT SERVICES
PART VIII – REGULATION OF [SERVICE PROVIDERS/CERTIFICATION AUTHORITIES]
CHAPTER IV – REGULATORY PROVISIONS FOR BROADCASTING CONTENT
PART I – FUNCTIONS OF THE MINISTER AND THE AUTHORITY
PART II – LICENSING OF BROADCASTING SERVICES
PART III – DUTIES OF LICENSEES AND CONDITIONS OF BROADCASTING LICENCES
CHAPTER V – MISCELLANEOUS
INFORMATION AND COMMUNICATIONS
ACT, 2009
Assented to by The President,
This 29th day of May, 2009
CHAPTER I – PRELIMINARY