AMENDMENTS: ELECTRONIC COMMUNICATIONS ACT, 2008 (ACT 775)

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Electronic Communications Act, 2008 (Act 775) As amended

Section 3:(1) Except as otherwise provided under this Act a person shall not operate a public electronic communications service or network or provide a voice telephony service without a licence granted by the Authority.(2) A person who wishes to operate a network or provide a service described in subsection (1) shall apply to the Authority in the manner specified in Regulations made under this Act.(3) The Authority may grant or refuse an application for a licence based on policies and rules published from time to time.(4) The Authority shall cause a notice to be published in the Gazette and on its website on the receipt, grant or refusal of a licence.(5) Where an application for a licence is refused, the Authority shall notify the applicant in writing of its decision and the reasons for the refusal within seven days of the refusal.(6) The terms of a licence shall be made available to the public at the office of the Authority and on the website of the Authority and a member of the public may obtain a copy or an extract of the terms on payment of the prescribed fee.(7) The Authority shall determine applications for licences in a non-discriminatory and transparent manner.(8) A person who intends to operate submarine cables within this country to connect to a telecommunications network shall first obtain a licence, in addition to any other licence, approvals, or permits required under any other law(9) The Authority shall conduct public hearings in respect of applications for licences under this section when the applications are made in the first instance. (10) The Authority may grant a class licence in place of an individual licence if it considers that appropriate. (11) A diplomatic mission in Ghana may be granted permission to operate a radio communication system on application to the Authority through the Ministry of Foreign Affairs if (a) the Government of the diplomatic mission concerned provides reciprocal facilities to the Government of Ghana,(b) the station is to (i) be installed in accordance with this subsection, and (ii) operate in accordance with the International Telecommunications Convention and the Radio Regulations of the International Telecommunications Union, and (c) the power output of the transmitter is not higher than necessary for transmitting to the state to which the diplomatic mission belongs and is in any case not more than five kilowatts. (12) Despite any other provision of this Act, the Authority may require that a person operating a type of electronic communications network or providing a type of electronic communication service for which a licence is not required under this section must notify the Authority within fourteen days of commencing operations.

Electronic Communications Act, 2008 (Act 775) As amended

Section 4:(1) A licence issued under this Act may be subject to conditions that the Authority considers necessary in line with the objectives of the Authority.(2) Without limiting the power conferred on the Authority under this Act or the National Communications Authority Act, 2008 (Act 769), each individual licence or class licence shall contain conditions that include:(a) a requirement for the effective and efficient use of scarce resources such as radio frequencies, numbers and rights-of way;(b) the networks and services which the licensee is entitled to operate or provide and the networks to which the licencee’s network can or cannot be connected;(c) the duration of the licence;(d) the build out of the licensee’s network and geographical and subscriber targets for the provision of the licensee’s services,(e) provision of telephone numbers for emergency services;(f) obligations to provide certain information to the Authority for regulatory and statistical purposes and to make public non-proprietary information;(g) obligations that relate to customer protection;(h) obligations to provide customer database information for a universal directory;(i) the provision of services to rural or sparsely populated areas or other specified areas in which it would otherwise be uneconomical to provide service;(j) the provision of services to persons with disability and other social responsibility obligations; (k) contribution towards the provision of universal service and access; (l) the payment of licence fees; (m) obligations that relate to interconnection of networks and interoperability of services, data protection and the avoidance of harmful interference; (n) infrastructure sharing obligations; (o) the control of anti-competitive conduct on the part of the licensee; (p) the provision to the Authority of documents and information required by the Authority for the performance of its functions; (q) the publication by the licensee of its charges and other terms and conditions of doing business;(r) the provision by the licensee of directory information and directory inquiry services;(s) the regulation of prices and the quality of the services provided by the licensee;(t) the technical standards to be met by the licensee’s telecommunications network or service;(u) the allocation to and use by the licensee of numbers;(v) the transfer and the renewal of the licence and change of ownership in the shareholding of the licensee;(w) prescriptions regarding national defence and public security; and (x) restriction on some of or all the conditions and modification of the duration of the licence.Section 5: Obligations with respect to individual licences (1) A network operator or service provider shall(a) pay the fees specified by the Authority,(b) not assign the licence without the prior written approval of the Authority,(c) upon written request made by the President and subject to the Constitution, co-operate or collaborate with the President in matters of national security, and (d) observe the conditions of its licence and regulations that relate to the licence.(2) A person who has a significant interest in a network operator or service provider shall not sell, transfer, charge or otherwise dispose of that interest or any part of that interest in the network operator or service provider, unless notice is given to the Authority thirty days before the proposed transaction. (3) A network operator or service provider shall not without first giving notice to the Authority (a) cause, permit or acquiesce in a sale, transfer, change or other disposition of a significant interest, (b) issue or allot any shares or cause, permit or acquiesce in any other reorganisation of that network operator’s or service provider’s share capital that results in (i) a person acquiring a significant interest in that network operator or service provider, or (ii) a person who already owns or holds a significant interest in the network operator or service provider, increasing or decreasing the size of that person’s interest. (4) A person who acquires a significant interest in a network operator or service provider shall notify the Authority within fourteen days of the acquisition. (5) Despite this section, where a sale, transfer, charge or other disposition referred to in subsection (2) is as a result of an internal reorganisation of a network operator or service provider,(a) the notification to the Authority under subsection (4) is not required, and(b) the network operator or service provider shall, as soon as reasonably practicable, notify the Authority of the nature and extent of the sale, transfer, charge or other disposition.

Electronic Communications Act, 2008 (Act 775) As amended

Section 5:(1) A network operator or service provider shall(a) pay the fees specified by the Authority,(b) not assign the licence without the prior written approval of the Authority,(c) upon written request made by the President and subject to the Constitution, co-operate or collaborate with the President in matters of national security, and (d) observe the conditions of its licence and regulations that relate to the licence.(2) A person who has a significant interest in a network operator or service provider shall not sell, transfer, charge or otherwise dispose of that interest or any part of that interest in the network operator or service provider, unless notice is given to the Authority thirty days before the proposed transaction. (3) A network operator or service provider shall not without first giving notice to the Authority (a) cause, permit or acquiesce in a sale, transfer, change or other disposition of a significant interest, (b) issue or allot any shares or cause, permit or acquiesce in any other reorganisation of that network operator’s or service provider’s share capital that results in (i) a person acquiring a significant interest in that network operator or service provider, or (ii) a person who already owns or holds a significant interest in the network operator or service provider, increasing or decreasing the size of that person’s interest. (4) A person who acquires a significant interest in a network operator or service provider shall notify the Authority within fourteen days of the acquisition. (5) Despite this section, where a sale, transfer, charge or other disposition referred to in subsection (2) is as a result of an internal reorganisation of a network operator or service provider,(a) the notification to the Authority under subsection (4) is not required, and(b) the network operator or service provider shall, as soon as reasonably practicable, notify the Authority of the nature and extent of the sale, transfer, charge or other disposition.

Electronic Communications Act, 2008 (Act 775) As amended

Section 6: (1)  A network operator or service provider shall (a) submit to the Authority any information that relates to the modification of its network or service;(b) provide users, under conditions which are published or are otherwise notified to the Authority, access to and the opportunity to use the network or service on a fair and reasonable basis;(c) not discriminate among similarly situated users and shall transmit communications without discrimination, subject to section 25;(d) not engage in anti-competitive pricing and other related practices in order to lessen competition;(e) not use revenues or resources from one part of its business to unfairly cross-subsidise another electronic communications network or service, without the written approval of the Authority;(f) satisfy standards of quality in accordance with its licence and the Regulations;(g) file a report with the Authority on the quality of its service as measured against the quality of service performance indicators set by the Authority and publish other reports that the Authority may authorise;(h) develop, publish and implement procedures for responding to user complaints and disputes related to quality of service, statements of charges and prices and respond quickly and adequately to the complaints; (i)  submit complaints from and disputes with (i) other licensees, (ii) operators of electronic communications networks, (iii) providers of electronic communications services, and (iv) other users, to the Authority for resolution where the complaints or disputes are because of the licensee’s exercise of its rights and obligations under the licence; (j) file with the Authority samples of user agreements with end users and any amendments of the agreements for the provision of public electronic communications services; (k) permit the resale of its electronic communications service and not impose unreasonable or discriminatory conditions or limitations on the resale; (l) provide and contribute to universal service and universal access in accordance with policies established under the National Electronic Communications Policy, amendments to the Policy and any other policies that the Minister may establish;(m) not impair or terminate the electronic communications service provided to a user during a dispute, without the written approval of the Authority;(n) disconnect terminal equipment which is attached to an operator’s network in contravention of this Act and which (i) is unsafe to the user,(ii) is not in compliance with international standards, or (iii) poses a risk of physical harm to the network; (o) provide number portability when required to do so and in accordance with the requirements specified by the Authority; and (p) provide dialing parity to other operators and service providers in accordance with requirements specified by the Authority. (2) The Authority shall specify (a) quality of service indicators for classes of public telecommunications service, and (b) the means to enforce a licensee’s compliance with its stated quality of service standards, including measures by which a licensee shall compensate users adversely affected by a failure to provide electronic communications service in accordance with the standards.(3) Where an operator has significant market power, as determined in accordance with the criteria set out in this Act, the operator shall make available to other operators of electronic communications networks or providers of electronic communications services, technical information regarding the network or service, including planned deployment of equipment and other information relevant to the other network operator or service provider.

Electronic Communications Act, 2008 (Act 775) As amended

Section 7:(1) The Authority may grant a Class Licence or authorisation for the operation of (a) value added services, (b) resale of electronic communications capacity or services by private operators to the public, (c) networks for wholesale, private line or public distribution, (d) domestic telephone service, or (e) other services for which the Authority considers Class Licence to be appropriate. (2) A Class Licence gives a person the right to carry on the activities subject to the conditions specified in the licence. (3) A Class Licence shall specify the electronic communications network or service it authorises, a person’s eligibility for the Class Licence and the conditions of the Class Licence, including (a) the scope of the licensed networks or services, (b) applicable technical and operational standards or conditions, (c) the location in which the authorised networks are to be operated or the authorised services are to be provided, (d) the duration of the licence, and (e) other requirements. (4) The Authority shall issue within the period specified in this Act or Regulations made under this Act a declaration that a person is authorised to operate the electronic communications network or provide the electronic communications service specified in the Class Licence.(5) The Authority may issue the declaration immediately after the registration if it considers it appropriate.(6) A person who has a Class Licence must notify the Authority of any change or inaccuracy in the information provided for the registration or any change in its operations that makes it ineligible for the Class Licence within fourteen days after the operator becomes aware of the occurrence.

Electronic Communications Act, 2008 (Act 775) As amended

Section 8:(1) A network operator or a service provider who is a holder of a Class Licence shall not use or permit another person to use or disclose confidential, personal or proprietary information of a user, another network operator or service provider without lawful authority unless the use or disclosure is necessary for(a) the operation of the network or service,(b) the billing and collection of charges,(c) the protection of the rights or property of the operator or provider, or (d) the protection of the users or other network operators or service providers from the fraudulent use of the network or service.(2) The Authority may authorise a network operator or service provider to disclose lists of its subscribers, including directory access databases, for the publication of directories or for other purposes that the Authority may specify.

Electronic Communications Act, 2008 (Act 775) As amended

Section 9: (1) A person shall not use a spectrum for designated services without a frequency authorisation granted by the Authority. (2) A person who wishes to use a spectrum shall apply to the Authority in the manner specified in Regulations. (3) The Authority may grant or refuse an application for frequency authorisations in accordance with policies and rules published by the Authority. (4) On the receipt, grant or refusal of an application for a frequency authorisation the Authority shall cause a notice to that effect to be published in the Gazette and on its website. (5) Where an application for frequency authorisation is refused, the Authority shall notify the applicant in writing within seven days after the refusal and give reasons for the refusal in the notice. (6) The terms of a frequency authorisation may be accessed by the public at the office of the Authority and a copy or an extract of the terms may be obtained from the Authority, by a member of the public, on payment of the specified fee. (7) Where it appears to the Authority that the frequency authorisation contains information relating to national security or other international obligations, the Authority may withhold that information from the public. (8) A frequency authorisation shall be consistent with the spectrum plan established under this Act and Regulations and shall confer on the authorisation holder the right to use a specified frequency band subject to the conditions set out in the frequency authorisation. (9) The holder of a frequency authorisation shall utilise only the spectrum granted for the service and shall do so in accordance with the terms of its licence. (10) The Authority shall not discriminate in the determination of frequency authorisation. 

Electronic Communications Act, 2008 (Act 775) As amended

Section 10: (1) A holder of a frequency authorisation shall (a) pay the fees specified by the Authority,(b) strictly adhere to the authorised frequency band, (c) not assign the frequency authorisation without the written approval of the Authority, (d) on a request made by the President and subject to the Constitution co-operate with the Government in matters of national security, and (e) observe the Regulations made under this Act and the conditions of the authorisation.(2) A person who has a significant interest in the holder of a frequency authorisation shall not sell, transfer, charge or otherwise dispose of that interest, or any part of that interest, unless that person gives the Authority at least thirty days notice in writing before the proposed transaction. (3) A holder of a frequency authorisation shall not without at least thirty days notice to the Authority (a) cause, permit or acquiesce in a sale, transfer, charge or other disposition of a significant interest in the holder, or (b) issue or allot any shares or cause, permit or acquiesce in any other re-organisation of its share capital that results in (i) a person acquiring a significant interest in the holder, or (ii) a person who already has a significant interest in the holder, increasing or decreasing the size of that interest. (4) The written approval of the Authority is not required where a sale, transfer, charge or other disposition is the result of an internal re-organisation of a body corporate and does not constitute ultimate transfer of control of a holder but the holder shall, as soon as is reasonably practicable, notify the Authority of the nature and extent of the sale, transfer, charge or other disposition.

Electronic Communications Act, 2008 (Act 775) As amended

Section 11: A frequency authorisation shall contain conditions that relate to(a) the expiration of the frequency authorisation and the time required for an application for renewal,(b) the duration of the authorisation,(c) the circumstances under which the frequency authorisation may be amended for force majeure, national security, changes in national legislation and implementation of international obligations and the public interest,(d) the use of the authorised frequency band,(e) the type of emission, power and other technical requirements for the radio-communication service, and (f) other matters that the Authority may specify for frequency authorisation. 

Electronic Communications Act, 2008 (Act 775) As amended

Section 12: Despite section 10 (1), a ship or aircraft operating in the territorial waters or airspace of Ghana, which is not registered in the country is not required to have authorisation from the Authority for a radio-communication service if the service is operated under a valid authority or frequency authorisation issued in another country in accordance with international agreements relating to radio-communication as regards ships or aircrafts. 

Electronic Communications Act, 2008 (Act 775) As amended

Section 14: (1) A licence or a frequency authorisation may be amended by a written agreement between the licensee or the holder of the frequency authorisation and the Authority, where (a) force majeure, national security considerations, change in national legislation or the implementation of an international obligation require the amendment, or (b)  the Authority, on account of the public interest, decides that the amendment is necessary to achieve the objects of the Authority,(2) Where a licence or a frequency authorisation is amended on grounds of national security the licensee or the authorisation holder is entitled to compensation.(3) The Authority shall not amend a licence or frequency authorisation if it has not given the licensee or authorisation holder adequate advance notice in writing and in any case the notice shall not be given less than ninety days before the proposed amendment.(4) The Authority shall state in the notice the reasons for the amendment and the date on which the amendment takes effect, and shall give the licensee or the authorisation holder the opportunity to (a) present its views, and (b) submit to the Authority a written statement of objections to the amendment which may include proposed alternatives to the amendment within the time specified by the Authority, (5) The Authority shall take into account the views and the written statement of the licensee before reaching a decision on the amendment. (6) A licensee or an authorisation holder may request the Authority to amend its licence or frequency authorisation. 

Electronic Communications Act, 2008 (Act 775) As amended

Section 15: Section 14 does not preclude the Authority from amending a licence or a frequency authorisation without notice where there is, or there is likely to be, a risk to national security, or where immediate amendment is essential in the public interest. 

Electronic Communications Act, 2008 (Act 775) As amended

Section 16: (1) The duration of a licence shall be stated in the licence. (2) Subject to subsection (3), on an application by the licensee or authorisation holder, the Authority may renew a licence or frequency authorisation granted under this Act. (3) An application for the renewal of a licence shall be refused if (a) the licensee or the authorisation holder failed to comply materially with any of the provisions of this Act, Regulations or the terms and conditions of the licence or the frequency authorisation, (b) the Authority is satisfied that the applicant will not comply with this Act, Regulations or the terms and conditions of the licence or the frequency authorisation if the licence is renewed, (c) the licensee or the authorisation holder has failed to comply materially with any lawful direction of the Authority, or (d) in the case of an operator or service provider, the Authority determines that it is not in the public interest to renew the licence and gives the operator or service provider notice of the decision not less than three years before the expiration of the licence. (4) A licence which is of less than three years duration shall contain the period required for a notice under subsection (3)(d). (5) Subject to subsection (3) (d), the Authority shall give the licensee or the authorisation holder advance notice of not less than thirty days of its intention not to renew the licence or frequency authorisation. (6) The Authority shall state the grounds for its contemplated refusal of the renewal of a licence or authorisation and shall give the licensee or the authorisation holder the opportunity (a) to present its views, and (b) to submit to the Authority within the time specified by the Authority a written statement of objections to the refusal. (7) The Authority shall take into account the views and the written statement of the licensee or the authorisation holder before reaching its final decision. 

Electronic Communications Act, 2008 (Act 775) As amended

Section 18: (1) The Authority may grant a special licence where it determines that an emergency or other exigent circumstance exists.(2) A person who wishes to obtain a special licence shall apply to the Authority in the manner specified in Regulations made under this Act.(3) A special licence shall be for a duration determined by the Authority and may only be renewed in exceptional circumstances.

Electronic Communications Act, 2008 (Act 775) As amended

Section 20A: An Interconnect Clearinghouse shall provide the services specified in the licence granted by the Authority except that, an Interconnect Clearinghouse shall not (a) provide tax revenue assurance service; and(b) be responsible to account for tax revenue to Government.”.[As Inserted by the Electronic Communications (Amendment) Act, 2016 (Act 910), s.2]Access to facilities and international transmission capacity

Electronic Communications Act, 2008 (Act 775) As amended

Section 25B: Despite subsection (1) of section 25A, incoming intracommunity roaming tariffs within the Economic Community of West African States (ECOWAS) region is exempt from the minimum rate for intemational incoming electronic communication tariffs.(2) The Authority shall issue directives periodically to determine the rate for incoming intra-community roaming tariff within the Economic Community of West African States (ECOWAS) region in accordance with Regulation C/REG. 21/12/17 on Roaming on Public Mobile Communications Networks in the ECOWAS Region or any other Regulation in force; and on related matters.”.