PROCLAMATION NO 102/1998
COMMUNICATIONS PROCLAMATION
Part One
General Provisions
1. Short Title
This Proclamation may be cited as «the Communication
Proclamation No. 102/1998».
2. Definitions
In this Proclamation, unless the context otherwise requires:
(a) «broadcasting» or «broadcast» means the
transmission of voice, music, visual images and the like
by radio waves by cable, intended to be received directly
by the general public;
(b) «broadcasting receiver equipment» shall mean
apparat which receive radio broadcasting and television
programmes;
(c) «communications» means telecommunications,
broadcasting and post;
(d) «Department» means the Communications Department
of the Ministry of Transport and Communications;
(e) «exclusive rights activity» means an activity
for which permit may be issued to one person only
granting him for a stipulated term of years the exclusive
privilege engaging in the activity specified in his
permit;
(f) «installer» means a person to whom a permit has
been issued pursuant to Article 23 hereof;
(g) «limited competition activity» means an activity
for which permits may be issued to a limited number of
persons in accordance with criteria and conditions
stipulated by the Department granting the persons for a
stipulated term of years the right to engage in the
activity specified in the permit;
(h) «open Competition activity» means an activity
for which permits shall be issued to an unlimited number
of persons, in accordance with criteria and conditions
stipulated by the Department, granting the persons for a
stipulated term of years the right to engage in the
activity specified in the permit;
(i) «operator» means a person to whom a permit has
been issued pursuant to Articles 12, 28 or 36 hereof;
(j) «permit» means a permit issued by the Department
under this Proclamation, enabling a person to engage in a
business activity as an operator, supplier or an
installer provided he has obtained a business licence
under the Business Licensing Office Establishment
Proclamation No. 72 of 1995;
(k) «person» means any natural or juridical person
engaged in communications and shall include any business
organization or association engaged in communications,
whether national or foreign or private or public;
(l) «post» means any system for the collection,
dispatch, conveyance, handling and delivery of postal
articles by or through an operator of postal services;
(m) «postal article» means any article or thing
transmissible by post but does not include such article
or thing as the Department may prescribe to be not
transmissible by post;
(n) «postal service» means a commercial offering of
any service by post;
(o) «public telecommunications networks», «public
telecommunications service» and «public postal
service» means a network or a service accessible to the
general public or intended to be used by the general
public;
(p) «radio activity» means any establishment and use
of radio equipment for radiation, dispatching,
transmission or reception of radio signals, including
broadcasting, navigation, remote measuring and remote
control and for medical, industrial or scientific use or
other intentional or unintentional effects of use of
radio equipment in a way that the functions of other
equipment or apparatus are influenced Light beam
connections in free space used for telecommunications
purposes may be regarded as radio activity;
(q) «regulatory documents» means permits, equipment
approvals, certificates, assignments of frequency and
other approvals and documents, issued by the Department;
(r) «supplier» means a person to whom a permit has
been issued pursuant to Articles 23
and 30 hereof;
(s) «telecommunications» means emission,
transmission or reception of voice, text, visual images
or other data or signals of any nature by means of wire,
radio, light, optical or other electromagnetic signals in
a communications system for transmission of signals;
(t) «telecommunications network» means a network for
the conveyance and distribution of signals between
defined termination points by wire, radio, optical or
other electromagnetic means;
(u) «telecommunications service» means a commercial
offering of telecommunications wholly or partly by means
of transmission in a telecommunications network, with the
exception of radio broadcasting television;
(v) «telecommunications equipment» means apparatus,
terminals, radio equipment, satellite earth stations or
other technical devices, including software, which can be
used for telecommunications purposes or are intended for
such use. Radio equipment is a device that conveys or by
other means emits signals (radio transmitter) as well as
devices which receive signals (radio receiver).
Broadcasting receiver equipment is not telecommunications
equipment or radio equipment;
(w) «user» means a person entering into an agreement
on access to telecommunications networks or services for
own use or loan purposes (end user), or in order to
direct offerings at others;
(x) a word importing the masculine gender shall
include the feminine as well.
3. Scope
(1) This Proclamation regulates communications
(telecommunications, broadcasting and post) in the State
of Eritrea. This Proclamation does not apply to programme
activities of broadcasting (radio broadcasting and
television).
(2) This Proclamation also applies to seagoing vessels
and aircrafts registered in Eritrea, and to works, plants
and devices of any kind in connection with off-shore
activities.
4. The Regulatory Authority
(1) The Ministry of Transport and Communications shall
be the only government agency vested with the regulatory
authority of the communications sector pursuant to this
Proclamation, including:
(a) supervision and promotion of the provision of
communications services in Eritrea; and
(b) the authority to issue, renew, revoke or
transfer permits, equipment approvals, certificates,
assignments of frequency and other regulatory
documents in the communications sector on behalf of
the Government of Eritrea.
(2) The Department shall be the body empowered to
exercise the regulatory authority of the Ministry of
Transport and Communications.
5. Objectives of the Department
The objectives of the Department shall be to:
(1) create a regulatory environment for the supply of
communications networks and services;
(2) promote fair competition and efficient market
practice in the communications sector;
(3) facilitate the entry into markets for
communications services of persons wishing to supply such
networks and services;
(4) ensure that operators, suppliers and installers
meet their commercial obligations and such other
obligations specified under this Proclamation in a manner
which promotes co-operation and fairness;
(5) protect operators, suppliers and installers and
the public from the unfair conduct of other operators,
suppliers and installers, regarding quality of services
and payment of tariffs;
(6) ensure that operators, suppliers and installers
achieve the highest possible level of accountability and
responsiveness to customer and community needs;
(7) ensure that standard telecommunications,
broadcasting and postal services are supplied as
efficiently and economically as possible and at such
performance standards which reasonably meet the social,
industrial, and commercial needs of the community;
(8) promote the development of the other sectors of
the Eritrean economy through the commercial supply of
modern communications services within the framework of
this Proclamation;
(9) establish technical standards and promote the
development of Eritrea's communications capabilities,
industries and skills;
(10) ensure that the Eritrean public have growing
access to communications; and
(11) optimise the use of communications networks and
services in Eritrea with due consideration for the rights
of the operators, suppliers and installers and the public
interest.
6. Functions of the Department
The Department shall have the following functions:
(1) the responsibility for economic and technical
regulation of communications industry;
(2) to ensure the safety and quality of communications
services by determining technical standards and
regulating technical execution and performance;
(3) the responsibility for giving advice and
assistance to the communications industry;
(4) the promotion of competition in those areas of the
communications industry where competition has been
introduced;
(5) to facilitate the entry into the market for
communications services by persons wishing to supply such
services;
(6) to establish and manage the Rural
Telecommunications Fund;
(7) to arbitrate disputes between operators, suppliers
and installers and other participants in the
communications industry;
(8) to receive and investigate complaints from
operators, suppliers and installers, consumers and other
persons in the communications industry;
(9) the responsibility for the protection of the
public interest by ensuring that the provisions of this
Proclamation are carried out with due regard to public
interest;
(10) the protection of consumers from unfair practice
of operators, suppliers and installers and other persons
in the supply of communications services;
(11) to develop performance standards and indices
relating to the quality of communications services;
(12) the issuance of regulatory documents in
accordance with the provisions of this Proclamation; and
(13) to monitor the conduct of the operators,
suppliers and installers and to enforce the conditions
included in the permits.
7. Powers of the Department
(1) The Department shall exercise the powers necessary
and proper for the attainment of its objectives.
(2) Without limiting the generality of the foregoing,
the Department shall have the following specific powers
to:
(a) give written directions to operators,
suppliers and installers;
(b) consult where appropriate with the necessary
government authorities;
(c) require any person to appear before it:
(i) to discuss any matter which the Department
deems necessary for the purpose of effectively
discharging the Department's duties, and
(ii) to give evidence or produce any document
which it considers likely to assist the
Department in the discharge of its duties; and
(d) enter into contract or partnership with any
person which in the opinion of the Department is
intended to further the implementation of the duties
specified in this Proclamation.
8. Power to Issue Regulations and Directives
(1) The Minister of Transport and Communications shall
have the power to issue regulations and directives
regarding any matter which it deems necessary or
expedient in order to achieve the objectives of this
Proclamation.
(2) Without limiting the generality of the foregoing,
the Minister of Transport and Communications may issue
such specific regulations and directives as stipulated in
this Proclamation.
9. Management of the Department's Regulatory
Functions
(1) The Department shall be responsible for the proper
operation and administration of the communications
regulatory functions.
(2) Without limiting the generality of the foregoing,
the Department shall:
(a) develop policies and determine the best
management practices in order to fulfil the
Department's regulatory responsibilities;
(b) ensure an efficient and transparent issuance
of the regulatory documents;
(c) develop systems in such a manner as to carry
out efficiently and effectively the issuance and
renewal of the regulatory documents and other
functions that are incidental thereto;
(d) maintain a register of operators, suppliers
and installers;
(e) provide guidelines on tariffs chargeable for
provision of communications services; and
(f) enter into agreement(s) consistent with the
powers conferred upon it or the functions entrusted
to it by this Proclamation.
(3) whenever the Department deems it necessary for the
efficient management of its regulatory functions, it may
delegate part of its powers and functions to its
committees.
10. Funding of the Department's Regulatory
Functions
The Department's regulatory functions shall be funded by:
(a) such government budgetary appropriations as may be
determined;
(b) such sums as may be paid to the Department for
regulatory tasks performed;
(c) such sums as may be paid to the Department by way
of fees or levies for the regulatory documents;
(d) such sums or such other assets as may accrue to or
vest in the Department from time to time in connection
with the Department's regulatory functions; and
(e) financial assistance it receives from any funding
source.
11. Transfer of Personnel and Property
(1) The Department may select such number of personnel
as it needs for its regulatory functions from among civil
servants.
(2) The Department may also opt to take over
buildings, equipment, tools and other facilities
currently used or operated by bodies currently involved
in regulating the communications sector.
Part Two
Telecommunications Networks and Services
12. Operator's Permit
(1) A person desiring:
(a) to establish and/or operate a
telecommunications network, and/or
(b) to provide a telecommunications service, must
obtain an operator's permit.
(2) The Department shall determine whether any of the
activities referred to in sub-article (1) of this Article
shall be defined as:
(a) Exclusive rights activities (Article 2(e)), or
(b) Limited competition activities (Article 2(g)).
(3) Open competition activities (Article 2(h)),
encompass:
(a) value added services, i.e. services other than
basic services and data transmission services as
defined by the Department; and
(b) all activities which are not defined as
exclusive rights activities or limited competition
activities.
13. Interconnection
(1) An operator engaged in exclusive rights activities
or limited competition activities shall be obliged to
interconnect his telecommunications network and/or
service with the network and/or service of another
operator.
(2) If the operators referred to in this Article fail
to achieve agreement on the terms of interconnection
within six months after the negotiations started, the
Department shall, at the request of either
operator or both, set up an arbitration panel to settle
the dispute. The Minister of Transport and Communications
may, by regulation determine the procedures of an
arbitration panel.
14. Permit Conditions
(1) A permit issued under Article 12 hereof shall be
subject to such conditions as the Department may specify
in the permit, or as may be specified in regulations
referred to in the permit.
(2) Without limiting the generality of Article 13 and
sub-article (1) of this Article a permit issued under
Article 12 hereof may include conditions requiring:
(a) geographical coverage of the
telecommunications network or service, including
coverage in rural areas;
(b) interconnection and co-ordination between
telecommunications networks or services;
(c) use of numbers or number series, including
names and addresses, in accordance with numbering
plans designed by the Department;
(d) use of standards;
(e) use of specified accounting systems;
(f) use of specified methods of calculation of
tariffs and prices imposed for services provided;
(g) achievement of stipulated performance
standards or targets;
(h) use of subscription contracts;
(i) payment of charges for access to a
telecommunications network or service which is
operated by another operator; or
(j) compliance with other conditions determined by
the Department.
15. Open Telecommunications Networks and Services
Access to a public telecommunications network or public
telecommunications service shall be open and non-discriminatory.
The contract conditions shall be based on objective criteria and
shall be transparent and readily accessible to the general
public.
16. Permitted Restrictions on Use
(1) An operator may implement restrictions on use
consisting in complete denial of access to the network or
the services, interruption or disconnection from the
network or the service, or limitation of service
functions, when this is required for reasons related to
telecommunications security or maintaining the integrity
of the network or because the telecommunications
equipment or the use of the equipment lacks the necessary
approval pursuant to the provisions in or under this
Proclamation.
(2) In emergency situations that involve serious
threats to health, security or public order, or the risk
of sabotage to networks or services, the operator shall
implement necessary restrictions on use.
(3) The Department may order an operator to implement
restrictions on use when necessary in the interest of
national security, enforcing permit obligations or other
important social interests.
(4) Restrictions on use shall be notified to the
Department and to whom they may concern.
(5) Restrictions on use for reasons other than those
stated in this Article, shall require the prior approval
of the Department.
17. Subscription Contracts
An operator shall prepare subscription contract conditions for
telecommunications services providing information about the
time-limit for delivery and fault repair service quality and
conditions for access to and use of the services. Subscription
contract conditions shall be published.
18. Internal Telecommunications Network
A person desiring to establish an internal telecommunications
network which is located within a building or a limited
geographical area (business or residential network) and which is
intended to be or may be connected to the public
telecommunications network shall comply with general requirements
laid down by the Department.
19. Private Telecommunications Networks
(1) A person desiring to establish a
telecommunications network:
(a) which is intended solely for the person's own
use, and
(b) which will not be connected to the public
telecommunications network,
shall comply with general requirements laid down
by the Department.
(2) If no other reliable telecommunications service is
available, the Department may for a term of years allow
the owner of a telecommunications network described in
this Article (private telecommunications network), to
provide telecommunications services to other users.
(3) An approval issued under sub-article (2) hereof
may be given on such conditions and in consideration of
such payments to the Rural Telecommunications Fund as the
Department thinks fit.
20. Rural Telecommunications
(1) Operators providing basic services as defined by
the Department shall contribute towards the development
of rural telecommunications by accepting permit
obligations with regard to:
(a) provision of rural telecommunications networks
and services (applicable to the Telecommunications
Services of Eritrea, TSE, or its legal successor), or
(b) financial contributions to the Rural
Telecommunications Fund (applicable to operators
other than TSE or its legal successor).
(2) The Rural Telecommunications Fund shall be
established and managed by the Department. The purpose of
the fund is to finance establishment and operations of
telecommunications networks and services in rural areas
where such services may not initially be provided on a
commercial basis, in addition to the networks and
services provided under sub-article (1) (a) hereof.
(3) The Rural Telecommunications Fund shall consist of
such sums as may be provided by way of:
(a) payments from operators pursuant to
sub-article (1) (b) of this Article;
(b) payments of fines pursuant to Articles 48 and
49 hereof; and
(c) other payments, grants or donations.
21. Rights to Use Real Property
(1) A public telecommunications operator is, if
approved by the Department, and upon prior notice to the
owners, entitled to effect and carry on installation and
maintenance of telecommunications network, equipment, or
other telecommunications devices to be located in, on,
below or above public or private real property, building
or facility.
(2) The Department may authorise other
telecommunications operators than public
telecommunications operators to exercise the rights
indicated under sub-article (1) of this Article.
(3) The owner is entitled to compensation commensurate
with the scope of limitation under sub-article (1) of
this Article. The Minister of Transport and
Communications may, by regulation, determine the
procedures in connection with the determination of the
compensation.
The owner is not entitled to compensation:
(a) if the purpose is solely to connect the
property in question to the telecommunications
network or to maintain such connection, or
(b) if the land in question is restored to its
condition prior to the installation or entry
described under sub-article (1) and (2) of this
Article.
(4) Sea shores, rivers, canals and lakes, together
with their beds, as well as the airspace of` Eritrea may
be used by telecommunications operators for
telecommunications purposes.
Part Three
Telecommunications Equipment
22. Scope
The provisions of Part Three shall apply to all categories of
telecommunications equipment (Article 2(v)), unless
exceptions have been made by the Department.
23. Permits for Suppliers and Installers
(1) A person desiring to import, manufacture, sell or
otherwise transfer telecommunications equipment, or to
install and service such equipment, must obtain a permit
as a main supplier, a retail supplier or an installer in
accordance with regulations issued by the Minister of
Transport and Communications.
(2) The activities referred to in sub-article (1) of
this Article are open competition activities (Article 2
(h)).
(3) A permit issued under this Article shall be
subject to such conditions as the Department may specify
in the permit, or as may be specified in regulations
referred to in the permit.
24. Approval of Telecommunications Equipment
(1) The following equipment shall be approved (type
approval) by the Department:
(a) all radio equipment unless exceptions have
been made; and
(b) other telecommunications equipment that may be
connected to or operated together with public
telecommunications networks, or is intended for such
use.
(2) Approval of telecommunications equipment is,
however, not required if the equipment according to its
labelling is solely intended for connection to non-public
telecommunications networks.
(3) All equipment with the same type description as
the approved item of` equipment shall be labelled as
determined by the Department.
25. Refusal of Approval. Revocation
(1) The Department may refuse type approval of
telecommunications equipment which does not satisfy the
following essential requirements:
(a) user safety;
(b) safety of the operator's employees;
(c) electromagnetic compatibility requirements;
(d) protection of the telecommunications networks
from harm;
(e) effective use of the radio frequency spectrum;
(f) interworking of terminal equipment with
telecommunications network equipment;
(g) interworking of terminal equipment via the
telecommunications network in justified cases, and
(o) other considerations which the Minister of
Transport and Communications may, by regulation, add
to this list.
(2) The Department may revoke a type approval if the
telecommunications equipment or the labelling is altered
after the approval is given, if the equipment no longer
complies with the essential requirements pursuant to this
Article, or if other major pre-conditions for approval no
longer apply.
(3) Revocation of type approval includes a
telecommunications equipment with the same type
description, unless the reason for the revocation is that
the equipment or the labelling is altered after the date
when approval was given.
26. Prohibition of Import, Sale and Use of
Telecommunications Equipment
(1) It shall be prohibited:
(a) to import telecommunications equipment for
private use, to offer, to sell, or in any other way
transfer telecommunications equipment to others; or
(b) to connect telecommunications equipment to
public telecommunications networks, and to possess,
establish or use such equipment;
unless the equipment is type approved.
(2) It shall be prohibited to connect
telecommunications equipment to public networks when the
equipment is not intended for such use.
(3) It shall be prohibited to transfer radio equipment
which requires approval to others than those who can
document possession of the necessary permits.
(4) The prohibition under this Article also includes
equipment which does not comply with the essential
requirements pursuant to Article 25 (1) hereof.
27. Prohibition of Marketing of Telecommunications
Equipment. Withdrawal
If use of telecommunications equipment may involve threats to
essential requirements pursuant to Article 25 (1) hereof, the
Department may order the manufacturer or supplier to cease the
offering and marketing of such equipment at once as well as to
take measures to withdraw the equipment from the market.
Part Four
Broadcasting
28. Operator's Permit
(1) A person desiring to:
(a) establish and/or operate installations for
broadcasting or the retransmission of broadcasting
and/or
(b) broadcast nationally and/or
(c) broadcast locally, i.e. within a
geographically delimited area,
must obtain an operator's permit.
(2) The Department shall determine which of the
activities referred to in this Article shall be defined
as exclusive rights activities (Article 2(e)) or as
limited competition activities (Article 2(g)).
(3) A permit issued under this Article shall be
subject to such conditions as the Department may specify
in the permit or in regulations referred to in the
permit.
29. Right to Retransmission
Simultaneous and unaltered retransmission by way of cable
networks limited to 10 buildings and/or 40 households does not
require a permit.
30. Supplier's Permit
(1) A person desiring to import, manufacture, sell or
otherwise transfer broadcasting receiver equipment must
obtain a supplier's permit in accordance with regulations
issued by the Minister of Transport and Communications.
(2) The activities referred to in this Article are
open competition activities (Article 2(h)).
(3) A permit issued under this Article shall be
subject to such conditions as the Department may specify
in the permit, or as may be specified in regulations
referred to in the permit.
31. Approval of Broadcasting Receiver Equipment
(1) Broadcasting receiver equipment shall be approved
(type approval) by the Department unless
exceptions have been made.
(2) All equipment with the same type description as
the approved item of equipment shall be labelled as
determined by the Department.
(3) It shall be prohibited to import broadcasting
receiver equipment, to offer, to sell, or in any other
way transfer broadcasting receiver equipment to others
unless the equipment is type approved.
Part Five
Radio Activities and Frequency Management
32. Scope
The provisions of Part Five shall apply to all radio
activities (Article 2(p)), unless exemptions have been made by
the Department.
33. Assignment of Frequency
The Department shall assign radio frequencies for radio
activities within the framework of actual or planned use of
frequencies. Consideration may be made regarding future frequency
needs.
34. Certificate to Use Radio Equipment and Radio
Systems
Radio equipment or a system with interworking radio equipment
may only be possessed, established or used provided a certificate
has been issued by the Department. The certificate may be issued
subject to conditions, including transmission effect, location of
equipment, band width, area of coverage, connection to the public
telecommunications networks and the requirement to implement
security measures to prevent illegal use.
35. Refusal of Assignments or Certificates.
Revocation
(1) The Department may refuse to issue a frequency
assignment or certificate pursuant to Articles 33 or 34
hereof respectively, when this is justified by general
telecommunications policy objectives (Article 5) or by
essential requirements pursuant to article 25 (1) hereof,
or because a permit to establish or operate a
telecommunications network or service has not been
obtained. A certificate may also be refused if the radio
equipment fails to comply with the requirements
stipulated in or under this Proclamation.
(2) An assignment or a certificate may be revoked due
to conditions as stated in sub-article (1) of this
Article or if other major conditions for the assignment
or the certificate are no longer satisfied. Frequency
assignment may also be revoked pursuant to international
agreements which Eritrea has ratified.
Part Six
Postal Services
36. Operator's Permit
(1) The Department shall issue a permit to Eritrean
Postal Services (EPS) allowing EPS to be the public
postal service operator and to perform all or any
functions relating to the operation and provision of
postal services in the State of Eritrea.
(2) Courier services and other specific postal
services as determined by the Department are limited
competition activities (Article 2(g)). A person other
than EPS desiring to provide such services must obtain an
operator's permit.
(3) All postal services other than the services
referred under Article 36 (2) hereof are exclusive rights
activities (Article 2(e)).
(4) A permit issued under this Article shall be
subject to such conditions as the Department may specify
in the permit or as may be specified in regulations
referred to in the permit.
37. Transmission of Postal Articles
(1) The Minister of Transport and Communications shall
issue regulations and directives as to the transmission
by post of postal articles.
(2) Without limiting the generality of the foregoing,
such regulations may:
(a) prescribe the charges or fees to be charged
for postal services provided;
(b) provide for the performance of supplementary
services in respect of transmission by post of postal
articles; and
(c) prohibit the transmission by post of postal
articles which are likely to injure any person or any
postal article in the course of transmission by post.
38. Postage Stamps
(1) EPS may, subject to such directions as the
Department may give, cause postage stamps to be provided
of such kinds and denoting such values as EPS may
determine for the purposes of this Proclamation.
(2) Any postage stamp provided under this Article
shall be used for prepayment of any postage or other sums
chargeable in respect of any postal article, except where
the EPS determines that prepayment may be made in some
other manner.
39. Postal Financial Services
(1) The Department may allow EPS to carry out postal
financial services on its own account or on behalf of
government and non-government agencies and may make
directives as to such services with the concurrence of
the Bank of Eritrea.
(2) For the purposes of this Article, «postal
financial services» shall include money orders, postal
orders, postal drafts, postal cheques, postal travellers'
cheques, giro, cash-on-delivery, collection of bills,
subscription to newspapers and periodicals, post office
savings bank services and any other form of financial
service.
(3) Interest on deposits in the post office savings
bank services shall be paid at a rate determined from
time to time by the Department with the concurrence of
the Bank of Eritrea.
Part Seven
Miscellaneous Provisions
40. Regulatory Documents
(1) No regulatory document with the exception of
equipment approval, may be transferred and assigned to
another person without the approval of the Department.
(2) A regulatory document shall be valid for such
period as may be specified therein and may be renewed.
(3) Permits issued under this Proclamation shall
consist of two documents:
(a) one document (permit certificate) which
includes a certificate of qualification and/or a
certificate of grade; and
(b) another document (permit conditions) which
contains the conditions attached to the permit.
The Minister of Transport and Communications may issue
regulations with regard to certificates of qualification and
certificates of grade in connection with permits issued under
this Proclamation.
41. Inspection and Control
(1) The Department monitors that the requirements laid
down in or under this Proclamation are complied with,
including monitoring of the operator's contract with the
user.
(2) The Department may, in connection with the
monitoring, carry out random tests and initiate
measurements and other control measures. Control may be
carried out without prior notice.
(3) Anyone submitted to control measures shall ensure
that the Department has unimpeded access to the premises
where communications equipment or other devices subject
to this Proclamation are located.
(4) The Department may order the owner or the owner's
representative to be present during the control.
Necessary documentation shall be made available to the
Department. Lack of co-operation during the control may
result in closure of the applicable communications
activities.
(5) The Department may order the establishment of
internal control systems to ensure that the requirements
laid down in or under this Proclamation are complied with
Documentation showing the compliance of the requirements
as regards internal control shall be prepared. This
documentation shall be accessible to the Department.
42. Correction and Closure
(1) The Department may demand that operators, supplier
and installers alter their contractual practices in
accordance with the requirements laid down in or under
this Proclamation.
(2) The Department may implement closure of
communications network a communications service
communications equipment, a radio activity, when no
permit certificate, assignment or approval as prescribed
by or under this Proclamation has been granted, or when
the activity may cause serious threats to health on
security. Closure may be carried out without prior
notice.
(3) In connection with closure the Department may
decide that radio equipment shall be dismantled and
sealed.
(4) In connection with closure the Department may
decide that communications equipment which appear to have
been used in violation of provisions of this Proclamation
shall be seized. If there is no prosecution with regard
to any equipment seized under this sub-article, the
equipment shall be taken and deemed forfeited to the
Department, unless a claim is made within two months from
the date of seizure and the Department finds that the
claim is justified.
(5) When considered essential, the Department may
demand assistance from the police to carry out closure,
sealing and/or seizure.
43. Security Measures
The Department may order an operator, owner of radio systems
and user of radio equipment, as well as an installer of
communications networks and equipment, to implement security
measures with respect to national security, protection of
privacy, duty of confidence or other important social interests,
including transmission of announcements from governmental
authorities when this is of major importance. Costs and losses in
connection with these measures shall ultimately be covered by the
person or body who orders these measures. Orders regarding
protection may be issued without prior notice.
44. Duty of Disclosure
(1) The Department may request information necessary
for the implementation of this Proclamation or for tasks
which are transferred to the Department in connection
with international agreements ratified by Eritrea, i.e.
to investigate possible violation of this Proclamation,
or regulations or directives issued pursuant to this
Proclamation.
(2) The information may be requested or delivered in
writing or orally within a stipulated deadline from a
person or body or groups of bodies or organizations. If
the deadline is not complied with, the permit, the
approval or other certificate, assignment pursuant to
this Proclamation may be revoked.
(3) The duty of confidentiality pursuant to Article 46
hereof or pursuant to other provisions of Eritrean law
shall not preclude the duty to provide information as
stipulated in this Article.
(4) The Department shall preserve confidentiality in
relation to the information provided under a duty of
disclosure.
45. Publication of Information
(1) The Department may publish information concerning
an operator's contractual practice to ensure that the
requirements to provide open access to communication
networks and services are complied with. Consideration
shall be given as regards the justified interests on
commercial firms in preserving business secrets.
Information concerning technical devices or solution
shall not be published.
(2) No one may request information from the Department
obtained pursuant to Article 44 hereof in connection with
the procedures laid down in Article 41 of this
Proclamation.
46. Duty of Confidentiality
(1) An operator, a supplier and an installer are
obliged to treat as confidential the contents of the
communications and others' use of communications,
including information about technical devices and
procedures. They are obliged to implement measures to
prevent others except those whom this information
concerns, to obtain access to such information by
themselves. Neither may they make use of the information
in their own activities or in service for or employment
by others, unless the information consists of statistical
information on network traffic which is fully anonymized
and which does not reveal information about devices or
technical solutions.
(2) The duty of confidentiality pursuant to this
Article also applies to everyone in the service or
employment of an operator, a supplier, an installer or
the Department. The duty of confidentiality also applies
for 3 years as of the termination of the service or
employment.
(3) Other statutory duty of confidentiality based on
law applies in addition to this Article.
47. Fees and Levies
(1) Fees for the regulatory documents or other
administrative services which are rendered pursuant to or
under this Proclamation, shall be paid in the amount as
stipulated in regulations issued by the Minister of
Transport and Communications.
(2) The Department may order an operator to pay
charges to another operator for connection to a network
or a communications service.
48. Sanctions
(1) If a person fails to comply with the requirements
laid down in or under this Proclamation or in regulatory
documents, the Department may impose one or more of the
following sanctions:
(a) rectification within a stipulated deadline. If
the order is not carried out, coercive fines pursuant
to Article 49 may be imposed; or
(b) obligation of public apology by the person who
has failed to comply, at such person's cost, for his
breach in a newspaper of general circulation, to run
for two consecutive days; or
(c) payment of a fine determined by the
Department, to the Department; or
(d) payment of a fine determined by the Department
to the applicable customers of the person who has
failed to comply, or to injured parties for injury
caused by such person as a result of the
non-compliance; or
(e) reduction of the period of exclusive rights
with regard to one, several or all services; or
(f) reduction of the period of validity of the
regulatory document; or
(g) suspension of the regulatory document; or
(h) revocation of the regulatory document.
(2) In addition to the circumstances described in
sub-article (1) of this Article the regulatory document
may be revoked if the person to whom the document is
issued:
(a) agrees in writing with the Department that the
document should be revoked;
(b) is unable to pay his debts;
(c) enters into receivership or liquidation; or
(d) ceases to carry on his business.
49. Coercive Fines
To ensure that decisions pursuant to or under this
Proclamation are complied with, the Department may decide that
anyone subject to such decision shall pay a daily coercive fine
to the Department for each day until the conditions are
rectified. An order to pay a fine is regarded as grounds for
enforcement of distraint.
50. Penalties
Any person who violates the provisions of this Proclamation or
regulations issued thereunder shall be punished in accordance
with the Penal Code of Eritrea.
51. Disputes
(1) Any dispute between (a) a user and (b) an
operator, a supplier or an installer, in which it is
alleged that the latter has:
(a) acted in contravention of the conditions of
his permit to the detriment of the user; or
(b) without due reason restricted use owing to
payment default; or
(c) without due reason implemented alteration or
closure of services,
may be referred to the Department for decision.
Others with a legal interest in the case may also
request a decision.
(2) The Department shall determine whether the
allegation is well founded, and if it is, make such
direction as is appropriate together with a statement of
reasons for reaching the decision made. The Department
may also impose sanctions pursuant to Article 48 hereof.
(3) The Department may decide that all disputes, or
specified categories of disputes, shall be referred to an
arbitration panel for decision. The Minister of Transport
and Communications may, by regulation, determine the
procedures of the arbitration panel.
52. Judicial review
(1) A person aggrieved by an adverse decision under
Articles 12, 14, 23, 28, 36, 48.1(c-h), 49 hereof and
such other provisions of this Proclamation as the
Department may determine, may, within 30 days after such
decision has been rendered, seek a review by the High
Court of Eritrea, upon paying the required court fee. The
High Court shall have exclusive jurisdiction.
(2) The High Court shall set aside a decision which it
finds:
(a) arbitrary, an abuse of discretion, or
otherwise not consistent with law; or
(b) not made consistent with required procedures;
or
(c) unsupported by substantial evidence.
The decision of the High Court shall be final.
(3) Instead of seeking a review pursuant to
sub-article (1) of this Article an operator may refer the
Department's decision to arbitration if he has the right
to use that venue according to his permit.
53. Reregistration
Persons who when this Proclamation enters into force, hold a
permit, licence, certificate, approval, assignment or other
similar document concerning matters provided for in this
Proclamation, shall apply for reregistration in accordance with
procedures determined by the Department.
54. Repeal
Any provisions of any proclamation, decree, order, legal
notice or directive concerning matters provided for in this
Proclamation are hereby repealed and replaced by this
Proclamation.
55. Effective Date
This Proclamation shall enter into force on the day of its
publication in the Gazette of Eritrean Laws.
Done at Asmara, this 2nd day of
March, 1998
Government of Eritrea
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