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Electronic Communications
(Amendment) Act,
2016 (ACT 910)
ARRANGEMENT OF SECTIONS
Section
1.
Section 20 of Act 775 amended
2.
Section 20A inserted
3.
Sections 73A and 73B inserted
4.
Section 97 of Act 775 amended
5.
Section 101 of Act 77 5 amended
6.
Transitional provisions
REPUBLIC OF GHANA
ACT
OF THE PARLIAMENT OF THE
REPUBLIC OF GHANA
ENTITLED
ELECTRONIC COMMUNICATIONS
(AMENDMENT) ACT, 2016
(ACT 910)
AN ACT to amend the Electronic
Communications Act, 2008 (Act
775) to provide for clearing
house services through an
Interconnect Clearinghouse and
to provide for related matters.
DATE OF ASSENT:
PASSED by Parliament and
assented to by the President:
Section 20 of Act 775 amended
1. The Electronic Communications
Act, 2008 (Act 775) referred to
in this Act as the "principal
enactment" is amended in section
20
(a)
by the substitution for
subsection (1) of
"(1) A network operator or
service provider shall provide
interconnection of its
electronic communications
network, service or application
through any of the Inter connect
Clearinghouses licensed by the
Authority and shall comply with
guidelines and standards
established by the Authority to
facilitate interconnection.";
and
(b)
by the repeal of subsections (3)
to (7).
Section 20A inserted
2. The principal enactment is
amended by the insertion after
section 20 of new section 20A
"Scope of licence of
Interconnect Clearinghouse
services
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. " .
Sections 73A and 73B inserted
3. The principal enactment is
amended by the insertion after
section 73 of new sections 73A
and 73B
"Termination of an international
call
73A. (1) A network operator or
service provider shall comply
with the directives established
by the Authority to
(a) prevent;
(b)
detect; or
(c)
disconnect
the use of the subscriber
identity module or the user
identity module of that
operator, for terminating an
international call on any
network in Ghana as a local
call.
(2) A person who uses a
subscriber identity module or
user identity module for
terminating an international
call on any network in Ghana as
a local call, commits an offence
and is liable on summary
conviction to a fine of not more
than three thousand
penalty units for each
subscriber identity module or
user identity .module used in
terminating the international
call as a local call or to a
term of imprisonment of not more
than five years or to both.
Prohibition of dealing in
pre-registered subscriber
identity module or user identity
module
73B. (1) A person shall not deal
in a pre-registered subscriber
identity module or user identity
module.
(2) Any person who knowingly
deals in a pre-registered
subscriber identity module or
user identity module, commits an
offence and is liable on summary
conviction to a fine of not more
than three thousand penalty
units or to a term of
imprisonment of not more than
five years or to both.
(3) For the purposes of this
section, a "pre-registered
subscriber identify module or
user identity module" means a
module that has been registered
with the data of a person other
than the person who finally
acquires the module for use on a
network except as permitted by
law." .
Section 97 of Act 775 amended
4.
The principal enactment is
amended by the repeal of
subsection (3) of section 97.
Section 101 of Act 775 amended
5.
The principal enactment is
amended in section 101 by the
insertion after "harmful
interference" of
""Interconnect Clearinghouse"
means a centralised
interconnection system;".
Transitional provisions
6.
(1) A network operator or
service provider shall, within
six months after the coming into
force of this Act, connect and
route its traffic to other
operators through an
Interconnect Clearinghouse
determined by the Authority.
(2) A network operator or
service provider that
contravenes subsection (1),
commits an offence and is liable
to pay to the Authority an
administrative penalty of ninety
thousand penalty units and in
the case of a continuing offence
to a further administrative
penalty of two thousand penalty
units per day.
Date of Gazette
notification: |
