LAW 22/92

DEFINES THE FUNDAMENTAL PRINCIPLES TO BE OBSERVED IN THE ESTABLISHMENT, MANAGEMENT AND EXPLORATION OF TELECOMMUNICATIONS INFRASTRUCTURES AND SERVICES.

Law 22/92

of 31 December

In recent years, rapid innovation in telecommunications technologies and their respective applications have brought about fundamental. alterations in the telecommunications market. Thus, whereas the traditional. telephone service has predominated in telecommunications services over the last few decades, today a wide range: of new services is available in the market. Simultaneously, on the demand side, users are increasingly active in demanding better quality, prices and efficiency in telecommunications services, as well as access to new services.

The Republic of Mozambique is not alien to this process, and this law seeks to be a first response of substance to these profound alterations in the telecommunications market, as a first step in a process of legislative reform.

Thus, under clause 1 of article 135 of the Constitution, the Assembly of the Republic determines the following:

CHAPTER I

Definitions, object and scope

Article 1

(Definitions)

For the purposes of this law, the understanding is as follows:

a) Telecommunication — any transmission, emission or reception of signs, signals, writing, images, sounds or intelligence of any nature, by wire, by radio, optical or other electromagnetic means;

b) Telecommunications network — any installation or set of installations providing either the switching or the transmission and channeling of telecommunications signals, and the exchange of the associated command and management information between the terminals of this network;

c) Terminals — the points of physical connection subject to the necessary technical specifications which permit access to the telecommunications network;

d) Telecommunications service — all services rendered, including the transmission and channeling of signals by telecommunications processes, or a combination of these functions;

e) Telephone service — the commercial exploration of the direct transfer of voice, in real time, between users linked to the fixed or mobile terminals of a telecommunications network;

f) Telex service — the commercial exploration of the direct transfer of typed messages, in real time, through the exchange of signals of a telegraphic nature, between users linked to the terminals of a telecommunications network;

g) Terminal equipment — all equipment destined to be connected, directly or indirectly, to a terminal of a network, for the purposes of the transmission, treatment or reception of information. Equipment which provides access to audiovisual communications services broadcast radioelectrically or distributed by cable will not be addressed, except when this equipment also provides access to telecommunications services;

h) Public telecommunications operator — the Empresa National de Telecomunicações de Moçambique, E. P.

i) Radioelectrical frequency spectrum — the set of radioeleetrica1 wave frequencies;

j) Radiocommunication — all telecommunications by means of radioelectrical waves;

k) Radiocommunication service — the service which implies the emission or reception of radioelectrical waves for the specific purpose of telecommunications;

l) Radiocommunication emission or reception equipment— any generator or receiver of electromagnetic oscillations conceived to emit or receive radiocommunications;

m) Coding devices — any means, equipment or programmes for the purposes of making information, messages or clear signals unintelligible or for the reverse operation.

 

Article 2

(Object and scope)

The object of this law is to define the fundamental principles to be observed in the establishment, management and exploration of telecommunications infrastructures and services.

CHAPTER II

Public and private telecommunications

Article 3

(Classification)

Depending on the type of user, telecommunications may be public or private.

Article 4

(Public telecommunications)

1. Public telecommunications are those aimed at satisfying the general collective need to transmit and receive messagens and information.

2. Public telecommunications may be telecommunications for public use or broadcast telecommunications.

3. Telecommunications for public use are the public telecommunications which imply a specific destination.

4. Broadcast telecommunications, known as radio and television broadcasting, is public telecommunications where there is simultaneous communication in only one direction to various reception points and without a prior specific destination.

Article 5

(Private telecommunications)

Private telecommunications are the following:

a) Private State telecommunications or those of other public bodies for their communication or to support meteorology, emergency help and assistance to air or sea navigation, or for similar purposes in the public interest;

b) Those established by the Defence and Security Forces for their own use;

c) Those established by bodies with jurisdiction in the field of civil protection;

d) Those established by rail and port companies, when dedicated exclusively to company activities;

e) Those established by electricity production, transport and distribution companies, when dedicated exclusively to company activities;

f) Those operating within the same property or condominium, as long as they do not use the public radioelectrical domain and are only connected to the outside through an interface with telecommunications for public use;

g) The private radioelectrical telecommunications of entities licensed to this effect;

h) Other communications authorised by Government to be reserved for specific public or private entities in accordance with international treaties or agreements, or special legislation.

 

CHAPTER III

State Intervention

Article 6

(Public radioelectrical domain)

1. The national radioelectrical frequency spectrum forms an integral part of the public domain of the State.

2. The space through which radioelectrical waves can be propagated is the public radioelectrical domain, the management, administration and inspection of which is the responsibility of the State, in compliance with special legislation related to the relevant international treaties and agreements to which the country adheres.

3. The expropriation of property is permitted, in accordance with the law, as is the establishment of public easements essential for the construction and radioelectrical protection of installations required for inspecting the use of the radioelectrical frequency spectrum.

Article 7

(Jurisdiction of the State in the telecommunications field)

1. The State has superintendence and inspection prerogatives in relation to telecommunications and the activities of telecommunications operating companies, in accordance with the applicable laws and regulations. It lays down the strategic guidelines for the development of the national telecommunications system.

2. The State's prerogatives with regard to the superintendence, regulation and inspection of telecommunications also include the following:

a) Management of the radioelectrical frequency spectrum;

b) Representation in international intergovernmental organizations in the telecommunications field;

c) Definition of policies and overall planning of the sector;

d) Approving legislation and applicable regulations, namely, with regard to public use of the services;

e) Specifying standards and approving telecommunications materials and equipment, and defining the conditions for their connection to the telecommunications network for public use;

f) Granting concessions, licensing and authorising the establishment and exploration of telecommunications networks and services;

g) Inspecting compliance with the legal and regulatory dispositions governing their activity by telecommunications operating companies, and applying the respective sanctions;

h) Setting the prices and tariffs for telecommunications services, in accordance with applicable legislation;

i) Declaring the public utility of expropriations and the creation of the easements required for the establishment of telecommunications infrastructures and the inspection of the public radioelectrical domain.

 

Article 8

(Supervision of radiocommunications services)

All radiocommunications services are supervised by the Ministry of Transport and Communications, except those established and used by:

a) The Defence and Security Forces;

b) Social communication entities and companies meeting radio and television broadcasting needs, in anything other than radiocommunications transmitters and receivers and the allocation and assignment of frequencies in the radioelectrical spectrum.

 

 

Article 9

(The planning and coordination of the national
telecommunications network)

1. The modernisation and development of the network of infrastructures for the various civil communications systems, including those for radio and television broadcasting, must be adequately coordinated, so as to ensure the rational use of these systems and thus better satisfy the needs of socio-economic development, national defence, internal security and civil protection.

2. The government must take the necessary measures to comply with the requirements expressed in the preceding clause, articulating these with policies on national defence, internal security, civil protection, industry, scientific research, technological development, the regional development of the country and the correction of regional imbalances.

Article 10

(Higher. Telecommunications Council)

1. The Government's consultative body for the coordination of the different civilian and Defence and Security Forces telecommunications systems, is the Higher Telecommunications Council, without prejudice to the jurisdiction of the ministers supervising the areas of telecommunications, information, national defence, internal security, emergency civil planning and civil protection.

2. The Government shall determine the composition and activities of the Higher Telecommunications Council.

CHAPTER IV

Telecommunications for public use

Article 11

(Public telecommunications services)

1. The state must guarantee the existence and availability of a basic telecommunications service for public use, termed the public telecommunications service, which covers the communications needs of citizens and of economic and social activities throughout the country and ensures international connections, taking into consideration the requirements of harmonious and balanced economic and social development.

2. The public telecommunications service assured by the State comprises the public telephone service and the public telex service and is provided exclusively by the public telecommunications operator.

Article 12

(Public telecommunications network)

1. The public telecommunications network is the set of telecommunications networks established or used by the public operator, to provide the public telephone service and the public telex service.

2. The establishment, management and exploration of the infrastructures comprising the public telecommunications network ins undertaken exclusively by the public telecommunications operator.

3. The public telecommunications network must operate as an open network, providing support for the transmissions of all telecommunications services, irrespective of whether or not the services are being provided by the public telecommunications operator.

4. The infrastructures comprising the public telecommunications network are the property of the State public domain and are assigned by law to the public telecommunications operator.

Article 13

(Complementary telecommunications infrastructures)

1. The complementary telecommunications infrastructures are all the telecommunications infrastructures for public use which do not form part of the public telecommunications network.

2. The establishment, exploration and management of the complementary telecommunications infrastructures is the responsibility of the entities mentioned in clause 1 of the following article, on terms to be stipulated by legal diploma.

Article 14

(Complementary telecommunications services)

1. The exploration of telecommunications services involving the use of complementary telecommunications infrastructures can be undertaken by the public telecommunications operator or by complementary telecommunications companies duly licensed to this effect.

2. The complementary telecommunications operating companies must satisfy requirements as to their aptness and technical and economico-financial capacity, to be defined in the regulations on admission to this activity.

3. The licenses authorising activity by the complementary telecommunications operators shall contain the conditions of the authorization and, specifically, which infrastructures owned by them may be installed for exploration and to connect with the public telecommunications network.

Article 15

(Telecommunications network for public use)

1. The infrastructures of the public telecommunications network and the complementary telecommunications infrastructures comprise the telecommunications network for public use.

2. The expropriation of property is permitted, in accordance with the law, as is the establishment of public easements essential to the installation, protection and conservation of the infrastructures of the telecommunications network for public use.

Article 16

(Value added services)

1. Value added services are understood to be those which, using the public service or the complementary services, do not require their own telecommunications infrastructures, and which can be differentiated the particular services which support them.

2. Value added services can be provided by any individual or collective body authorised to do so in accordance with the regulations governing admission to the activity, as well as the public telecommunications operator and complementary telecommunications companies.

Article 17

(Independence of functions)

The government will take the legislative measures it considers necessary in order to ensure the independence of the regulatory functions of telecommunications sector activities, from the functions of the public telecommunications and complementary telecommunications network operators and the value added telecommunications operators.

Article 18

(Protection of competition)

1. The public telecommunications operator must ensure that all telecommunications operators use the public telecommunications network under equal conditions of competition.

2. When the public telecommunications operator provides complementary telecommunications services or value added services, any unfair competition or abuse of its predominant position is forbidden.

3. The use of circuits rented from the public telecommunications operator is limited to the user himself or to the provision of complementary services and value added services. Their re-sale is forbidden.

Article 19

(Public use of telecommunications services)

1. Access to the telecommunications network for public use must be guaranteed through non-discriminatory, objective and transparent conditions.

2. The public telecommunications operator and the suppliers of complementary telecommunications services and value added services must respect the principle of equal treatment of users, irrespective of the content of the message to be transmitted.

3. The regulations on the exploration of telecommunications services for public use shall be approved through a specific diploma.

Article 20

(Terminal equipment)

1. The acquisition, installation and conservation of subscribers' terminal equipment is unrestricted.

2. The manufacturers, importers, sellers, renters or other occasional holders of terminal equipment destined to be connected to the telecommunications network for public use, must request approval of the same by the Government, in order to ensure that the network functions properly.

3. Terminal equipment installation and maintenance services for subscribers to the telecommunications network for public use can only be provided by appropriately technically qualified and duly authorised individuals or collective bodies.

4. The operators of telecommunications for public use must ensure adequate connections to the terminals of their networks, irrespective of whether or not subscriber's terminal equipment is the user's property.

Article 21

(Confidentiality of telecommunications)

The confidentiality of messages transmitted through the telecommunications network for public use is guaranteed, except in such cases as covered by the law on criminal offenses, or relating to national security interests and the prevention of terrorism, criminality and organised delinquency.

Article 22

(Prohibited telecommunications)

1. Telecommunications involving disrespect for the law or which jeopardise State security, public order and decency are prohibited.

2. In addition to that referred to in the previous clause, and in order to defend State security and the interests of National Defence, the importation, supply and use of coding devices is prohibited, except in those instances covered by law.

Article 23

(General principles on the establishment of tariffs and prices)

1. The tariffs and prices for telecommunications for public use provided on an exclusive basis are subject to Government approval in accordance with applicable legislation.

2. The prices of the remaining services are fixed by the operators, without prejudice to the rules laid down in their respective licenses.

Article 24

(Foreign capital)

1. Direct or indirect participation by foreign individuals or collective bodies in the share capital of complementary telecommunications or value added operators cannot be more than 50 %.

2. The Government can fix other percentages by decree, on a case by case basis, in accordance with the evolution of the market in telecommunications services or to defend national interests.

CHAPTER V

Final provisions

Article 25

(Regulations and entry into force)

1. The Government shall establish the regulations for this law.

2. The publication of the regulations on complementary telecommunications services and value added services must take place progressively as needed.

Article 26

(Abrogation of legislation)

All legislation contrary to this law is abrogated.

Approved by the Assembly of the Republic.

The President of the Assembly of the Republic.

Proclaimed on 31 December 1992.

To be published.

The President of the Republic.