Tanzania Communications Regulatory Authority

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Tanzania Communications Regulatory Authority

TCRA
Agency overview
Formed	1 November 2003
Preceding agency	Tanzania Communications Commission and Tanzania Broadcasting Commission
Jurisdiction	Tanzania
Headquarters	Mawasiliano Towers, 20 Sam Nujoma Road, Dar es Salaam, Tanzania
Agency executive	James Kilaba Director General[1]
Website	Regulatory Authory Website

The Tanzania Communications Regulatory Authority (TCRA), established by the TCRA Act No. 12 of 2003, is an independent Authority for the postal, broadcasting and electronic communications industries in the United Republic of Tanzania. It merged the former Tanzania Communications Commission and the Tanzania Broadcasting Commission. The TCRA is accountable to the Communications and Technology Ministry. The Information Communication and Technology (ICT) sector reform in Tanzania is notable in that development was influenced by regional, political (national) and technological factors. Tanzania is one of the few African countries to liberalise the communications sector whereby the Converged Licensing Framework (CLF) is used as a key strategy, in terms of the Tanzania Communications Regulations. Since inception in 2003, the TCRA has issued a number of regulations to administer the sector, but still faces a number of challenges such as the roll-out of services to under-serviced rural areas.

Mandate and Purpose[]

The TCRA’s mandate is to regulate the postal, electronic communications and broadcasting industries in the United Republic of Tanzania, which includes:

• promotion of effective competition and economic efficiency;
• protecting the interests of consumers;
• promoting the availability of regulated services
• licensing and enforcing licence conditions of broadcasting, postal and Telecommunications operators;
• establishing standards for regulated goods and services;
• regulating rates and charges (tariffs);
• managing the radio frequency spectrum;
• monitoring the performance of the regulated sectors; and
• monitoring the implementation of ICT applications.

The legislation that established the TCRA is the Tanzania Communications Regulatory Authority Act of 2003. [1]. The primary legislation governing the industries regulated by the TCRA is the Universal Communications Service Access Act of 2006 [2].

Policies that impact the functioning of the TCRA include:

• National ICT Policy of 2003 [3]
• National Postal Policy of 2003 [4]

Regulations issued by TCRA include[]

• Tanzania Communications (Quality of Service) Regulations of 2005 [5]
• Tanzania Communications (Broadband Services) Regulations of 2005 [6]
• Tanzania Communications (Consumer Protection) Regulations of 2005 [7]
• Tanzania Broadcasting (Content) Regulations of 2005 [8]
• Tanzania Communications (Licensing) Regulations of 2005 [9]
• Tanzania Communications (Importation and Distribution) Regulations of 2005 [10]
• Tanzania Communications (Installation and Maintenance) Regulations of 2005 [11]
• Tanzania Communications (Interconnection) Regulations of 2005 [12]
• Tanzania Communications (Telecommunication Numbering and Electronic Address) Regulations of 2005 [13]
• Tanzania Postal Regulations of 2005 [14]
• Tanzania Communications (Radio Communications and Frequency Spectrum) Regulations of 2005 [15]
• Tanzania Communications (Tariffs) Regulations of 2005 [16]
• Tanzania Communications (Type Approval of Electronic Communications Equipments) Regulations of 2005 [17]
• Tanzania Communications (Access and Facilities) Regulations of 2005 [18]

History of the Sector Regulator and Industry[]

The following history incorporates (i) regional and (ii) national developments in the sector and the establishment of the sector regulator.

Structure and Functions[]

Duties of TCRA[]

The duties of the TCRA are provided in section 5 of the Tanzania Communications Regulatory Authority Act No.12 of 2003: (a) Promoting effective competition and economic efficiency;
(b) Protecting the interest of consumers;
(c) Protecting the financial viability of efficient suppliers;
(d) Promoting the availability of regulated services to all consumers including low income, rural and disadvantaged consumers;
(e) Enhancing public knowledge, awareness and understanding of the regulated sectors including -

(i) The rights and obligations of consumers and regulated suppliers;

(ii) The ways in which complaints and disputes may be initiated and resolved;

(iii) The duties, functions and activities of the Authority.

(f) Taking into account the need to protect and preserve the environment.

Functions[]

The functions of the TCRA are provided in section 6(1) of Tanzania Communications Regulatory Authority Act No.12 of 2003
(a) To perform the functions conferred on the Authority by sector legislation;
(b) subject to sector legislation –

(i) To issue, renew and cancel licenses;

(ii) To establish standards for regulated goods and regulated services;

(iii) To establish standards for the terms and conditions of supply of the regulated goods and services;

(iv) To regulate rates and charges;

(v) To make rules for carrying out the purposes and provisions of this Act and the sector legislation;

(c) to monitor the performance of the regulated sectors including in relation to –

(i) Levels of investment;

(ii) Availability, quality and standards of services;

(iii) The cost of services;

(iv) The efficiency of production and distribution of services, and

(v) Other matters relevant to the Authority;

(d) To facilitate the resolution of complaints and disputes;
(e) To take over and continue carrying out the functions formerly of the Tanzania Communications Commission and Tanzania Broadcasting Commission.

Board Members[]

The TCRA Board Chairperson and Vice Chairperson are appointed by the President of the United Republic of Tanzania, pursuant to Section 7 (2) of the Tanzania Communications Regulatory Authority (TCRA) Act No. 12 under which TCRA was established.

In accordance with the provisions of Clause 2.(2) of the First Schedule to the Tanzania Communications Regulatory Authority Act No. 12 of 2003, the Minister of Communications, Science and Technology, after submission by the Nominations Committee, and a competitive selection procedure as per Section 13 (6) of the TCRA Act, appoints the remaining members of the TCRA Board.

With these appointments, and in accordance with the provisions of Section 7 (1) of the Tanzania Communications Regulatory Authority Act No.12 of 2003, the seven members of the TCRA Board are as follows:

• Hon. Judge Buxton Chipeta (Rtd) - Chairman
• Dr. Suleiman J. Omar - Vice Chairman
• Mr. Baruany E.A.T Luhanga - Member
• Hon. Peter J. Serukamba (MP) - Member
• Dr. Vuai Iddi Lila - Member
• Dr. Justinian Anatory - Member
• Prof. John S. Nkoma - Member and DG

Departments[]

To execute its functions, the Authority is divided into five Departments namely:-

• Director General's Office
• Department of Information and Communications Technologies
• Department of Consumer and Industry Affairs
• Department of Corporate Resources Management
• Department of Broadcasting Affairs
• Department of Postal Affairs

Highlights and Controversies[]

• Communications in Tanzania have often been very unreliable in the past. The mobile telephone services are usually available only in urban areas, although there are currently efforts to provide nationwide mobile phone coverage. Competition in Tanzania's telecommunication sector is expected to get stiffer after the country's regulatory authority licensed four more cellular phone service providers to bring the number to ten.
• The TCRA has given mobile network operating licenses to five more companies, bringing the tally for the country to twelve. The country now has one of the highest ratios of licenses to potential customers in the world, although with a population penetration level of just 43%, there is space for new companies to grow. The five new entrants are MyCell, Egotel, Rural Netco, Smile and ExcellentCom. They are expected to enter the country's communication industry when the process to give them network facility licensees is completed," TCRA director-general John Nkoma told The Citizen newspaper.

• TCRA published several Consultative Documents:
• Consultation Document on Code of Ethics for Advertising and Sponsorship for Broadcasting Media.
• Consultation Document on the Introduction of a New Licence Category of Closed User Group Network.
• Public consultation document on Code of Practice for Community Broadcasting Services.

See also[]

• Media of Tanzania

References[]

1. Annemijn, G .V and Carleen, M,(2007). The Regulatory Design Problem Revisited: Tanzania’s Pioneering Position in Africa, 35th Research Conference on Communication, Information and Internet Policy (TPRC) in Arlington, Virginia, September 28–30, 2007
2. ITU “REGULATORY NEWSLOG-Tanzania grants five more mobile licenses” Retrieved 2010-05-12
3. Rutabingwa, K. C, Presentation, (2006), Seminar on QOS-Consumer Rights protection Through a Consumer Advocacy Strategy – A case of TCRA – Consumer Consultative Council, ITU. Retrieved 2010-05-12
4. Tanzania Communications Regulatory Authority, (2006). Retrieved 2010-05-12
5. TCRA Appointments Retrieved 2010-05-13
6. Tanzania Communications Regulatory Authority, (2006). Retrieved 2010-05-13
7. Tanzania Broadcasting Corporation (TBC) Commissions. Retrieved 2010-05-13
8. TCRA - Extension of sim card registration period. Retrieved 2010-05-12 2.
9. Consultation Document on Code of Ethics for Advertising and Sponsorship for Broadcasting Media. Retrieved 2010-05-12
10. Consultation Document on the Introduction of a New Licence Category of Closed User Group Network. Retrieved 2010-05-12
11. Public consultation document on Code of Practice for Community Broadcasting Services. Retrieved 2010-05-12
12. The Ministry of Communications Science and Technology Retrieved 2010-05-13
13. The Tanzania Communications Regulatory Authority Act, (2003). The Tanzania Communications Regulatory Authority Act, Dar es Salaam, Tanzania: The Government Printer. Retrieved 2010-05-13
14. The Tanzania Communications Commission (TCC). Retrieved 2010-05-13

External links[]

• Communications and Technology Ministry
• Tanzania Communications Regulatory Authority (TCRA)
• Tanzania ICT Service Providers