Background

The Internet and Telecommunications sector in Tanzania has witnessed tremendous growth and development over the past few decades. Prior to liberalization in 1993, the sector was dominated by a state-owned monopoly, the Tanzania Telecommunications Company Limited (TTCL) which provided fixed-line telephone and limited internet services.

Two decades later, significant transformations emerged in the telecommunications domain as the internet, mobile industries, and network carriers were converging in providing mobile internet and data transmission. To support the new network concepts, the regulatory environments had to change as well, the Tanzania Communications Regulatory Authority (TCRA) introduced the Converged Licensing Framework in 2005 immediately after the end of the exclusivity of TTCL in February 2005. The CLF consists of four licenses namely Network Facilities Licence (NFL), Network Service Licence (NSL), Applications Services Licence (ASL), and Content Service Licence. The CLF is characterized by Technology Neutrality and service Neutrality.

The liberalization of the telecommunications sector led to the establishment of internet service providers (ISPs) in Tanzania and mobile phone services. The introduction of ISPs led to the growth of the internet in Tanzania. The introduction of mobile phones and use of internet services on phones revolutionized the telecommunications sector in Tanzania. Mobile phones became popular among Tanzanians due to their affordability and convenience.

With all these developments, it was inevitable to repeal the Broadcasting Services Act of 1993 and the Tanzania Communications Act of 1993; to have one comprehensive legislation, the Electronic and Postal Communications Act (EPOCA). It was passed by Parliament in January 2010, assented by the President in April 2010 and operationalized by the Minister responsible for communications on 18sup>th/sup> June 2010.

The new Act composed amendments and new areas, issues that were carried forth with amendments on licensing, interconnection and access, postal communications, content regulation, anti-competitive practices and content numbering resources and technical standards.

Other areas of EPOCA include Postal Codes, Digital Broadcasting, and Central Equipment Identification Register (CEIR), Computer Emergency Response Team (CERT) and SIM Card Registration.

TCRA as a regulator is adapting to the emergence of new technologies in the sector, such as IoT, AI, and edge computing by creating an environment that fosters innovation while ensuring compliance with regulatory standards. The current and future growth of technology will facilitate different businesses by creating new opportunities, improving their operations, and delivering better value of goods and services to their customers.

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Key laws, regulations, and other guidelines related to the Internet and telecommunications subsector

The Telecommunication Sector is fast evolving and the Authority is constantly reviewing and introducing regulations, and guidelines aimed at promoting competition, protecting consumers, and innovation in the telecommunication sector. To date, we have one comprehensive legislation, the Electronic and Postal Communications Act (EPOCA), 2010 and 34 regulations including its amendments.

The following are some of the regulations and guidelines related to the Internet and Telecommunications Sector.

1. The Electronic and Postal Communications (Interconnection) Regulations, 2018;
2. The Electronic and Postal Communications (SIM Card Registration) Regulations, 2020;
3. The Electronic and Postal Communications (SIM Card Registration), Regulations, 2023;
4. The Electronic and Postal Communications (Tariffs) Regulations, 2018;
5. The Electronic and Postal Communications (Tele-Traffic) Regulations, 2021;
6. The Electronic and Postal Communications (Airtime Levy) Regulations, 2021;
7. The Electronic and Postal Communications (Tele-Traffic) (Amendment) Regulations, 2023;
8. The Electronic and Postal Communications (Mobile Number Portability) Regulations, 2018;
9. The Electronic and Postal Communications (Central Equipment Identification Registers) Regulations, 2018;
10. The Electronic and Postal Communications (Quality of Service) Regulations, 2018;
11. The Electronic and Postal Communications (Licensing) Regulations, 2018;
12. The Electronic and Postal Communications Regulations (Licensing)(Amendment) Regulations, 2021;
13. Guidelines and Procedures for SIM card registrations for visitors.
14. Guidelines for the Management of Machine-to-Machine Communications Applications and the Internet of Things - June 2019.

Currently, TCRA issues different licences in two different categories namely Individual and Class Licences. Individual licences require a high degree of regulatory control which is for a specified person to conduct a specified activity and may include special conditions. These licences include Network Facilities (NF), Network Services (NS), Content Services (CS) Applications Services (AS) and International Courier Services. These Licences are issued for a duration not less than 5 years. Individual licences are divided into four market segments which include International, National, Regional and District.

The market segment for National Network Facilities, Network Services, and Application Services Licences permits the deployment of services in more than ten regions. The market segment for Regional Network Facilities, Network Services, and Application Services Licences permits the deployment of services in a maximum of ten regions. The market segment for District Network facilities, Network Services and Application Services Licences, permits the deployment of services at a maximum of three districts.

The market segment for Regional Content Service (Radio Broadcasting) Licence permits the deployment of services at a maximum of ten points of presence. The market segment for District Content Services Licence permits the deployment of services at a maximum of three points of presence.

The following are definitions of the above types of licence: -

1. Application Services means the reselling of electronic communication services to end users;
2. Network Services means a service for the carrying of information in the form of speech or other sound, data, text or images, by means of guided or unguided electromagnetic energy but does not include services provided solely on the customer side of the network boundary;
3. Content Services means service offered for sound, data, text or images whether still or moving except where transmitted on private communication;
4. Network Facilities means any element, or combination of physical infrastructure used principally for, or in connection with, the provision of Content Services and other application services, but does not include customer premise equipment; and
5. International Courier Services Licence means specialized services for the speedy collection, conveyance and delivery of postal articles other than letters in the international market segment.

Class Licenses are designed to promote industry growth and development with easy market access. These Licences are issued for a duration not exceeding 3 years. These licences are characterized by unique standards that are very limited in coverage, service niche in nature, light handled approach and a limited degree of reliance by the public.

The following are definitions of class licenses issued:-

1. Distribution of electronic communications equipment. It is a permission or authorization which allows the distribution of electronic communications equipment;
2. Importation of electronic communications equipment. It is a permission or authorization which allows the importation of electronic communications equipment;
3. Installation and maintenance of electronic communications equipment. It is a permission or authorization which allows to install and maintain electronic communications equipment;
4. Very Small Aperture Terminal (VSAT). It is a permission or authorization which allows to operate V-SAT station(s);
5. Radio communications stations. It is a permission or authorization which allows to install and use Radio Equipment (VHF, HF) for radio communication station.
6. Global Maritime Distress Safety Systems (GMDSS). It is a permission indicating that the lawful holder has the competence proficiency to perform the Radiocommunication function, at operational level in capacity as a radio operator for the Global Maritime Distress Safety Systems;
7. Electronic numbering resource. It is a permission or authorization which allows to use the electronic communication numbers;
8. Content Service by Subscription Licence. It is a permission or authorization to provide content services by subscription;
9. Community Broadcasting Services. It is a permission or authorization to provide content services in a specific community or society;
10. Online Media Services. It is a permission or authorization to provide content services for the purpose of news and current affairs in a manner similar to, or in a manner that resembles mainstream media;
11. Application Service (e-Commerce). It is a permission or authorization issued for service platforms, aggregation or integration of services, transactions or business for other service providers, sellers, buyers or consumers of regulated or unregulated services;
12. Amateur Radio Station. It is a permission or authorization to install and use Radio Equipment for amateur station;
13. Aircraft Radio. It is a permission or authorization to install and use Radio Equipment for aircraft station;
14. Ship Station Radio. It is a permission or authorization to operate and use Radio Equipment for a Maritime mobile station;
15. Special Content. It is a permission or authorization for a television channel or radio station to provide specific formal educational content covering different subjects from nursery, tertiary to higher learning institutions;
16. Courier Services. It is a permission or authorization to provide specialized postal services for speed collection, conveyance and delivery of postal items.

Any person who wishes to apply for an individual or Class licence needs to log on Tanzanite Licensing Portal under the following link: https://tanzanite.tcra.go.tz/login.htm.

To apply for individual licence, the applicant is required to prepare the following information or documentation ready for uploading in the Portal: -

a) General

1. A certified copy of the certificate of Incorporation or Registration;
2. A certified copy of the company’s Memorandum of Association;
3. A certified copy of the certificate of Taxpayer Identification Number (TIN);
4. A certified copy of the certificate of Tax Clearance addressed to TCRA;
5. Information on track record (references);
6. Company Profile; and
7. Content service licence applicants must meet the Broadcasting Studio specifications and content requirements.

b) Business Plan

The business plan should include the following mandatory content/documents for Application Services, Network Services, Network Facilities and Content Services Licences:-

1. Numbering Resources Requirements;
2. Radio Frequency Spectrum Requirements;
3. Location of hosting primary and backup servers;
4. System Security features to be deployed;
5. Compliance with Key Parameters of Quality of Service;
6. Network/Service rollout time frame and Geographical Coverage;
7. Type of Services to be provided once issued a licence;
8. Network Configuration and Layout;
9. Platform for logging complaints and receiving feedback on services offered (Help Desk);
10. Marketing Strategy;
11. Projection of Customer trends for 5 years;
12. Staffing level and qualifications of key staff;
13. Human Resource Development Policy;
14. Five (5) years projected financial statement (cash flow, income statement and balance sheet);
15. Financing plan [Availability of funds and Proof of funding]; and
16. Capital Investment Ratio (Equity: Debt).

c)An applicant shall be invited to make a presentation to TCRA on their technical and business plans;

d) After presentation of technical and business plans, the application will be submitted to TCRA Management, and to Board for approval where applicable;

e) TCRA will consult the Minister responsible for communications, and issue licence to a successful applicant;

f) Prior to issuance of a Content Services Licence, the Authority shall issue a construction permit to successful applicant for the following: -

1. Transmission sites;
2. Studio;
3. Multiplex head-ends;
4. Uplink earth stations; and
5. Any broadcasting services.

g) The successful applicant shall be required to pay fees as prescribed in the First Schedule of the Electronic and Postal Communications (Licensing) Regulations, as amended in 2022 for the construction permit valid for one year or extension of the permit for another year only;

h) Upon completion of construction of the station, the Authority will conduct an inspection of the facilities;

i) Upon satisfaction, TCRA will grant one-month test transmission to the station whereby no formal radio and television programmes shall be broadcast/telecast except music; and

j) Upon satisfactory transmission test the station shall be granted a licence.

Licensing requirements, fee structure and conditions available in the Electronic and Postal Communications (Licensing) (Amendment) Regulations, 2022 available on the TCRA website.