NATIONAL COMMUNICATIONS AUTHORITY
ACT, 1996 (ACT 524)
ARRANGEMENT OF SECTIONS
PART I—ESTABLISHMENT OF NATIONAL
COMMUNICATIONS AUTHORITY, OBJECTS
AND FUNCTIONS
Section
1. Establishment of the Authority.
2. Objects of the Authority.
3. Functions of the Authority.
4. Directions of the Minister.
5. The Board.
6. Tenure of Office of Members of
the Board.
7. Meetings of the Board.
8. Committees of the Board.
PART II—LICENSING AND REGULATION
OF COMMUNICATIONS SYSTEM OPERATORS
9. Requirement of licence for
operation of communications
services.
10. Qualification of operators.
11. Exemptions.
12. Application for licence.
13. Grant of licence.
14. Conditions of licence.
15. Non-transferability of
licence.
16. Renewal of licence.
17. Power to modify licence.
18. Designation of standard and
approval of equipments.
19. Monitoring of performance of
equipments and compensation for
damage.
20. Access right of licensed
operators.
21. Suspension or cancellation of
licence.
22. Appeals.
23. Standards of performance.
24. Information on levels of
performance.
25. Gazette publication.
PART III—COMMUNICATIONS
SYSTEMS-FREQUENCIES
26. Frequencies.
27. Assignments of frequencies for
communications systems.
PART IV—ADMINISTRATION AND
FINANCIAL PROVISIONS
28. Divisions of the Authority.
29. Chief Executive.
30. Other staff of Authority.
31. Funds of the Authority
32. Account and audit.
33. Annual report.
PART V—MISCELLANEOUS PROVISIONS
34. Operation of radio
communication equipment by
diplomatic missions.
35. Procedures for dealing with
complaints from customers.
36. Settlement of certain disputes
between operators and customers.
37. Entry to land.
38. Establishment of register.
39. Inspectors.
40. Ministerial responsibility.
41. Regulations.
42. Misleading, interception and
non-disclosure of message.
43. Offences and penalties.
44. Interpretation.
45. Repeal, savings and
transitional provisions.
46. Transfer of assets and
liabilities.
47. Existing operators.
THE FIVE HUNDRED AND TWENTY-FOURTH
ACT OF THE PARLIAMENT OF THE
REPUBLIC OF GHANA
ENTITLED
THE NATIONAL COMMUNICATIONS
AUTHORITY ACT, 1996
AN ACT to establish the National
Communications Authority to
regulate communications by wire,
cable, radio, television,
satellite and similar means of
technology for the orderly
development and operation of
efficient communications services
in Ghana and to provide for
related purposes.
DATE OF ASSENT: 30TH DECEMBER,
1996
BE IT ENACTED by Parliament as
follows—
PART I—ESTABLISHMENT OF NATIONAL
COMMUNICATIONS AUTHORITY, OBJECTS
AND FUNCTIONS
Section 1—Establishment of the
Authority.
(1) There is established by this
Act a body corporate to be known
as the National Communications
Authority in this Act referred to
as "the Authority".
(2) The Authority shall have
perpetual succession and a common
seal and may sue and be sued in
its corporate name.
(3) The Authority may for the
discharge of its functions under
this Act, acquire and hold any
movable or immovable property,
dispose of the property and enter
into any contract or other
transaction.
Section 2—Objects of the
Authority.
The objects of the Authority are
as follows—
(a) to ensure that there are
provided throughout Ghana as far
as practicable such communications
services as are reasonably
necessary to satisfy demand for
the services;
(b) to ensure that communications
system operators achieve the
highest level of efficiency in the
provision of communications
services and are responsive to
customer and community needs;
(c) to promote fair competition
among persons engaged in the
provision of communications
services;
(d) to protect operators and
consumers from unfair conduct of
other operators with regard to
quality of communications services
and payment of tariffs in respect
of the services;
(e) to protect the interest of
consumers;
(f) to facilitate the availability
of quality equipment to consumers
and operators;
(g) to promote research into and
the development of technologies
and use of new techniques by
providers of communications
services and to develop adequate
human resources in collaboration
with such other government
departments and agencies as the
Authority considers appropriate.
Section 3—Functions of the
Authority.
It shall be the responsibility of
the Authority—
(a) to advise the Minister and the
Minister for Information on policy
formulation and development
strategies for the communications
industry;
(b) to ensure strict compliance
with this Act and regulations made
under it;
(c) to grant licence for the
operation of communications system
as defined in section 44;
(d) to assign, allocate and
regulate the use of frequencies in
conformity with international
requirements pursuant to any
relevant treaties, protocols or
conventions to which Ghana is
signatory;
(e) to prepare and review National
Frequency Allocation Plan,
(f) to establish the national
numbering plan and to assign
numbers accordingly;
(g) to act internationally as the
national body representing Ghana
in respect of communications;
(h) to designate standards of
communications equipment;
(i)
to determine a code of practice
relating to dealings by operators
with international communications
operators and regulate
international accounting rates;
(j) to provide guidelines on
tariffs chargeable for the
provision of communications
services;
(k) to provide where practicable,
authorisations to operators of
radio telephone stations on ships
and aircraft registered in Ghana;
(l) to establish training
standards for communications
operators and to monitor the
implementation of the training
standards;
(m) to provide, where reasonably
practicable, advice and assistance
to operators in the communications
industry in Ghana for which there
may be charged such fees as the
Authority considers appropriate;
(n) to maintain a register of
operators;
(o) to establish, by regulations,
the protection of data on computer
files and their transmission and
to safeguard the secrecy of
communications and the protection
of personal data in conjunction
with communications systems
operators; and
(p) to perform any other functions
assigned to it under this Act or
any other enactment.
Section 4—Directions of the
Minister.
The Minister may give to the
Authority such directions of a
general character as appear to him
to be required in the public
interest relating to the discharge
of the functions of the Authority.
Section 5—The Board.
(1) The governing body of the
Authority shall be a Board which
shall be responsible for securing
the discharge of the functions of
the Authority.
(2) The Board shall consist of the
following persons who shall be
appointed by the President in
consultation with the Council of
State—
(a) a Chairman;
(b) the Director-General appointed
under section 29 of this Act;
(c) one representative of the
National Security Council; and
(d) four other persons with
knowledge in matters relevant to
the functions of the Authority.
Section 6—Tenure of Office of
Members of the Board.
(1) A member of the Board other
than the Director-General shall
hold office for four years and
shall be eligible on the
expiration of that period for
re-appointment.
(2) A member of the Board other
than the Director-General may
resign his office in writing
addressed to the President or may
be removed from office by the
President for stated reasons.
(3) Members shall be paid such
allowances as may be determined by
the Minister in consultation with
the Minister for Finance.
Section 7—Meetings of the Board.
(1) The Board shall ordinarily
meet for the despatch of business
at such times and such places as
the Chairman may determine but
shall meet at least once every
three months.
(2) A special meeting of the Board
shall be called upon a written
request of not less than three
members including a member
appointed under section 5(2)(d).
(3) At every meeting of the Board
the Chairman shall preside and in
his absence a member, other than
the Director-General, elected by
the members present from among
their number shall preside.
(4) Every question before a
meeting of the Board shall be
determined by a simple majority of
members present and where there is
equality of votes, the Chairman or
the person presiding shall have a
second or casting vote.
(5) The quorum for a meeting of
the Board shall be three of the
membership of the Board and shall
include at least one member
appointed under section 5(2)(d).
(6) The Board may co-opt such
persons as it considers fit to
attend any of its meetings, except
that a co-opted person shall not
be entitled to vote on any matter
for decision by the Board.
(7) The validity of the
proceedings of the Board shall not
be affected by a vacancy in its
membership or any defect in the
appointment or qualification of a
member.
(8) A member of the Board who has
an interest in a contract,
proposed to be entered into with
the Authority shall disclose in
writing to the Board the nature of
his interest and shall be
disqualified from participating in
any deliberations of the Board in
respect of the contract.
(9) A member of the Board who
infringes subsection (8) of this
section is liable to be removed
from the membership of the Board.
(10) Except as otherwise provided
for in this section, the Board
shall regulate the procedure at
its meetings.
Section 8—Committees of the Board.
The Board may for the discharge of
the functions of the Authority
appoint committees consisting of
members of the Board or
non-members or both and may
assign to a committee such of
the functions of the Board as the
Board may determine except that a
committee composed exclusively of
non-members may only advise the
Board.
PART II —LICENSING AND REGULATION
OF COMMUNICATIONS SYSTEM OPERATORS
Section 9—Requirement of Licence
for Operation of Communications
Services.
Subject to the other provisions of
this Act no person shall
establish, install, operate or
otherwise use a communications
system or provide communications
services in Ghana unless he has
been granted a licence for that
purpose by the Board.
Section 10—Qualification of
Operators.
A
licence may only be granted to—
(a) a citizen of Ghana; or
(b) a body corporate registered
under the Companies Code, 1963
(Act 179); or
(c) a partnership registered under
the Incorporated Private
Partnerships Act, 1962 (Act 152).
Section 11—Exemptions.
(1) The Board may by legislative
instrument exempt from the
requirement for licence such
communications systems as it may
determine
(2) Without prejudice to
subsection (1) of this section the
requirement for licence under
section 9 shall not apply to—
(a) the acquisition or operation
by any person for his own use or
solely for the purpose of his
business (but not for providing
any communication service to
another person) of communications
system in which all the equipment
comprised therein is situated—
(i)
on a single set of premises in a
single occupation; or
(ii) in a vessel, aircraft or
vehicle mechanically coupled
together,
(b) communications system of the
security services, except that
application for allocation of
frequencies in the shared bands
shall be submitted to the
Authority through the office of
the President ; and
(c) other communications system
which does not require
interconnection with any public
communications system.
Section 12—Application for
Licence.
(1) An application for licence
shall be made to the Authority and
shall be in such form and
accompanied with such fee and
documents as the Board shall
determine.
(2) The Board shall within 5
working days of the receipt of an
application acknowledge receipt
and shall within a reasonable
period after the 5 days and in any
event not more than 60 days
thereafter inform the applicant in
writing of the decision of the
Board.
Section 13—Grant of Licence.
(1) The Authority shall grant the
licence to an applicant where it
is satisfied that the
communications system in respect
of which the application is made
is technically, suitable for the
service intended to be rendered
and a licence for the operation of
such system has not been granted
exclusively to another operator in
the public interest.
(2) An application under
subsection (1) of this section
shall be granted by the Board
unless there are compelling
reasons founded on technical data,
national security, public safety
or other reasonable justification
which shall be communicated to the
applicant.
Section 14—Conditions of Licence.
(1) A licence granted by the
Authority under section 13 shall
be subject to such conditions as
may be specified in the licence
having regard to the objects and
functions of the Authority.
(2) Without prejudice to
subsection (1) of this section a
licence granted under section 13
may include conditions requiring
the operator—
(a) to interconnect to any
communications system to which the
licence relates or to permit the
connection to his system or
station of other communications
system;
(b) to determine the tariffs,
charges and the terms and
conditions that are applicable to
the provision of the services in
the manner and at such times as
may be specified in the licence;
(c) to publish, in such manner and
at such times as may be specified
in the licence, a notice
indicating the method that is to
be adopted for determining its
charges and other terms and
conditions that are to be
applicable to the services
provided;
(d) to pay to the Authority during
the existence of the licence such
fee as may be determined by the
Authority;
(e) to provide to the Authority,
in such manner and at such times
as may be reasonably required,
such documents, accounts,
estimates, returns or other
informations as the Authority may
require for the purpose of
exercising the functions conferred
upon it under this Act;
(f) to operate the communications
system in accordance with such
standards of performance as the
Authority considers appropriate
pursuant to section 23 of this
Act; and
(g) to do or not to do such things
as are specified in the licence,
unless written approval is given
by the Authority.
Section 15—Non-Transferability of
Licence.
A
licence granted under this Act
shall not be transferable except
with the written approval of the
Board.
Section 16—Renewal of Licence.
(1) A licence granted under this
Act shall be for such period as
shall be specified therein and may
be renewed.
(2) Application for renewal of
licence shall be made to the
Authority not later than three
months before the expiry of the
licence desired to be renewed.
(3) The procedure for renewal of
licence granted under this Act
shall be the same as that
applicable to the grant of the
original licence.
(4) An operator who fails to renew
his licence or whose application
for the renewal is rejected by the
Authority shall cease to operate
the communications system.
Section 17—Power to Modify
Licence.
(1) The Authority may, subject to
this Act and any regulation made
under it, modify any licence
granted under this Act if the
modification is permissible under
the terms of the licence or is
required in the public interest.
(2) No modifications shall be made
under subsection (1) of this
section unless the Authority has
given at least 60 working days
written notice—
(a) stating that the Authority
proposes to make the
modifications; and
(b) setting out the effect of the
modifications.
(3) The Authority shall in all
cases consider any representations
or objections that are made to it
before the modifications are made.
(4) A notice under subsection (2)
shall be given by publication in
such manner as the Authority
considers appropriate for the
purposes of bringing the matters
to which the notice relates to the
attention of persons likely to be
affected by them and by sending a
copy of the notice to the
operator.
(5) The Authority shall compensate
the operator for any expense
incurred or damage caused as a
result of modification to a
licence made under subsection (1)
of this section.
Section 18—Designation of Standard
and Approval of Equipments.
(1) The Authority shall designate
standards to which communications
equipment shall conform for the
purposes of this Act.
(2) There shall be specified in
respect of a licence granted under
this Act the equipment approved
for the provision of the services
concerned.
Section 19—Monitoring of
Performance of Equipments and
Compensation for Damage.
(1) The Authority may monitor the
use of any communications
equipment to determine the
standard of performance of the
equipment.
(2) Where any person operates a
communications system in such a
manner as to cause damage to the
equipment or to the operations of
another operator, the matter may
be referred by either party to the
Authority which shall determine
the matter and award such
compensation to the aggrieved
persons as the Authority considers
just and fair in the circumstances
of the case.
(3) Subsection (2) of this section
is without prejudice to the rights
of the parties to institute action
in the courts.
Section 20—Access Right of
Licensed Operators.
(1) Subject to the approval of the
Authority and subject to such
terms as may be agreed upon by the
parties, an operator may
interconnect his communications
system to the communications
system of another operator.
(2) The Authority shall, at the
request of either operator or
both set up an arbitration panel
under the Arbitration Act, 1961
(Act 38) where the parties
concerned cannot reach an
agreement under subsection (1) of
this section.
(3) The Authority may by
legislative instrument make
regulations on the terms and
conditions of interconnection of
communications systems.
Section 21—Suspension or
Cancellation of Licence.
(1) The Authority may, where it is
satisfied that an operator is not
complying with or has not complied
with any of the conditions of his
licence, suspend or cancel the
licence.
(2) No suspension or cancellation
shall be made under subsection (1)
of this section unless the
Authority has given the operator a
written notice specifying in it
the cause for dissatisfaction of
the Authority and giving
directions for rectification of
the breach and the action proposed
to be taken by the Authority in
the event of non-compliance with
the notice.
(3) The Authority shall not
suspend or cancel a licence under
this section without first giving
the operator an opportunity of
being heard and shall where
considered appropriate, give him
such period as the Authority
considers reasonable to comply
with the directions of the
Authority.
(4) In determining whether it is
necessary to suspend or cancel a
licence granted under this Act,
the Authority shall consider the
extent to which any person is
likely to sustain loss or damage
as a result of the suspension or
cancellation.
(5) A licence which is not
utilised within two years from the
date of its grant may be cancelled
by the Authority after notice of
not less than 30 days has been
served on the operator.
Section 22—Appeals.
(1) A person aggrieved by the
refusal of the Authority to grant
or renew his licence under this
Act or by the modification,
suspension or cancellation of a
licence granted under this Act may
in writing appeal to the Minister
who shall within 30 days of
receipt of the appeal make a
decision thereon.
(2) A person dissatisfied with the
decision of the Minister may
appeal to the High Court.
Section 23—Standards of
Performance.
(1) The Authority may determine
such standards of over-all
performance or specific standards
of performance in relation to the
provision of communications
services by an operator as in the
opinion of the Authority ought to
be achieved by that operator and
arrange for the publication of the
standards in such form and in such
manner as the Authority considers
appropriate.
(2) The Authority may only make a
determination under subsection
(1)—
(a) after consulting with the
operator concerned and persons or
bodies that appear to the
Authority to be representative of
the persons likely to be affected;
and
(b) after arranging for such
research as the Authority
considers appropriate with a view
to discovering the views of a
representative sample of persons
likely to be affected and
considering the results.
(3) For the purposes of this
section the Authority may
determine—
(a) circumstances in which the
operator is to inform persons of
their rights under this Act;
(b) such standards of performance
in relation to any duty under this
Act as, in the opinion of the
Authority, ought to be achieved in
all cases;
(c) circumstances in which the
operator is to be exempted from
any requirements pursuant to this
section.
(4) If the operator fails to meet
any required standards, he shall
pay to any person who is adversely
affected by the failure such
compensation as may be determined
by the Authority.
(5) The requirement for payment of
compensation under this section in
respect of any failure to meet the
required standard does not
preclude any other remedy at law
which may be available or any
other measure that may be taken or
sanctions that may be imposed by
the Authority in respect of the
act or omission which constituted
that failure.
(6) Any dispute arising from the
application of this section may be
referred to the Board by either
party for determination by the
Board.
Section 24—Information Levels of
Performance.
(1) The Authority shall collect
information in relation to—
(a) the compensation paid by
operators under section 23; and
(b) the levels of overall
performance achieved by the
operators in relation to the
provision of communication
services.
(2) At such times as the Authority
may direct, each operator shall
give the following information to
the Authority—
(a) in relation to each standard
determined under section 23, the
number of cases in which
compensation was made and the
aggregate amount or value of that
compensation;
(b) in relation to each standard
determined under section 23, such
information with respect to the
level of performance achieved by
the operator as may be specified.
(3) An operator who without
reasonable excuse fails to comply
with a direction under subsection
(2) of this section commits an
offence and shall be liable on
conviction to a fine of not less
than ¢200,000.00 or imprisonment
for a term of not less than six
months or to both.
Section 25—Gazette Publication.
The Authority shall publish in the
Gazette and in such other
newspapers of national circulation
as the Authority may determine,
notice of every licence,
modification, suspension or
cancellation of licence made under
this Act; except that publication
of a modification, suspension or
cancellation of a licence shall
not be made where an objection or
an appeal has been lodged with the
Authority, the Minister or the
court.
PART III—COMMUNICATIONS SYSTEMS-
FREQUENCIES
Section 26—Frequencies.
All frequencies required for the
operation of any communications
system shall be granted by the
Authority and accordingly any
application for frequency shall be
made to the Authority.
Section 27—Assignment of
Frequencies for Communications
Systems.
(1) The Authority may on receipt
of an application under this Act
assign or allocate a frequency to
the applicant and shall for that
purpose take into account all
technical data of the equipments
of the applicant and also have due
regard to the rights and freedoms
of other persons.
(2) An application under
subsection (1) shall be granted by
the Authority unless there are
compelling reasons founded on
technical data, national security,
public safety or other reasonable
justification which shall be
communicated to the applicant.
(3) The Authority shall in
assigning or allocating
frequencies under this section
take into account—
(a) the availability of
frequencies;
(b) the distribution of
communications stations as between
urban, rural, commercial or other
categorisation;
(c) the technical characteristics
of the equipment involved and its
capability to interconnect with
other communications equipment and
networks.
(4) Without prejudice to
subsection (3) of this section the
Authority in assigning or
allocating frequencies shall in
the public interest—
(a) classify radio stations;
(b) determine the location of
classes of stations or individual
stations and approve their call
signs;
(c) assign bands of frequencies to
the various classes of stations
and assign frequencies for each
individual station and determine
the power which each station shall
use and the time during which it
may operate;
(d) modify frequencies;
(e) establish areas or zones to be
served by any station as
appropriate having regard to the
efficient allocation of
frequencies;
(f) prescribe and publish such
regulations applicable to radio
stations engaged in chain
broadcasting as may be conducive
to the efficient allocation of
frequencies;
(g) designate standards of
equipment to be used with respect
to the external sharpness of the
emissions from each station and
from the equipment in it; and
(h) ensure avoidance of harmful
emission, interference or illegal
broadcasting.
(5) Nothing contained in this Act
shall permit the modification,
suspension or cancellation of a
frequency assigned by the
Authority to an operator because
of views or opinions expressed
through the medium of the operator
unless the view or opinion is a
breach of the conditions of his
licence.
PART IV—ADMINISTRATION AND
FINANCIAL PROVISIONS
Section 28—Divisions of the
Authority.
(1) The Authority shall have such
divisions as may be considered
appropriate by the Board for the
effective and efficient discharge
of the functions of the Authority.
(2) A division of the Authority
shall be headed by a Director.
Section 29—Chief Executive.
(1) There shall be appointed for
the Authority a Director-General
who shall be the chief executive
of the Authority.
(2) The Director-General shall
subject to the directions of the
Board be responsible for the
management and administration of
the Authority.
(3) The Director-General shall be
appointed by the President in
accordance with the advice of the
Board given in consultation with
the Public Services Commission.
(4) The Director-General shall
hold office on such terms and
conditions as shall be specified
in his letter of appointment.
Section 30—Other Staff of
Authority.
(1) The Authority shall have such
other staff and employees as may
be necessary for the proper and
effective performance of its
function.
(2) The other officers of the
Authority shall be appointed by
the President in accordance with
the advice of the Board given in
consultation with the Public
Services Commission.
(3) The other employees of the
Authority shall hold office on
such terms and conditions as shall
be specified in their letters of
appointment.
(4) The President may delegate the
power of appointment of the public
officers in accordance with
article 195(2) of the
Constitution.
(5) Public officers may be
transferred or seconded to the
Authority or may otherwise give
assistance to the Authority.
(6) The Board may engage the
services of such consultants and
advisers as it considers necessary
for the effective discharge of the
functions of the Authority.
Section 31—Funds of the Authority.
(1) The funds of the Authority
shall include—
(a) monies provided to the
Authority by Parliament for the
discharge of its functions;
(b) any loans granted to the
Authority by Government or
obtained from any other source;
(c) moneys accruing to the
Authority by way of revenue;
(d) gifts and monies from any
other source.
(2) All sums received on account
of the Authority shall be paid
into such bank account as the
Board may determine except that
the Board may invest as it
considers fit any money not
required for immediate use.
(4) All fees received by the Board
in respect of licences and other
charges under this Act shall be
paid into the bank account of the
Authority by the Board.
Section 32—Account and Audit.
(1) The Board shall keep books of
account and proper records in
relation to them; and the books of
account and records shall be in
such form as the Auditor-General
may approve.
(2) The books of account of the
Authority shall be audited by the
Auditor-General within six months
after end of each financial year.
(3) The financial year of the
Authority shall be the same as the
financial year of government.
Section 33—Annual Report.
(1) The Board shall submit to the
Minister as soon as practicable
and in any event not more than
three months after the end of
each financial year a report
dealing generally with the
activities of the Authority during
the financial year to which the
report relates including the
Auditor-General’s report and a
list of persons granted licences
in the year.
(2) The Minister shall as soon as
practicable and in any event not
more than three months after the
receipt of the report make a
report to Parliament on the
activities of the Authority to
which the report relates.
PART V—MISCELLANEOUS PROVISIONS
Section 34—Operation of Radio
Communication Equipment by
Diplomatic Missions.
(1) Notwithstanding any provision
of this Act to the contrary a
diplomatic mission in Ghana which
intends to operate a radio
communications stations may apply
to the Authority through the
Ministry of Foreign Affairs for
the required facilities.
(2) The facilities shall be
granted by the Authority on the
following conditions—
(a) that the Government of the
diplomatic mission concerned
provides reciprocal facilities to
the Government of Ghana where
required; and
(b) that the power output of the
transmitter is not higher than
necessary for transmitting to the
state to which the diplomatic
mission belongs and is in any case
not more than 5 kilowatts.
(3) Subject to subsections (1) and
(2) of this section a station
installed by a diplomatic mission
shall operate in accordance with
the International
Telecommunication Convention and
Radio Regulations of the
International Telecommunications
Union.
(4) A diplomatic mission to which
facilities have been granted by
the Authority shall furnish the
Authority on a form provided by
the Authority with the technical
data in respect of the equipment
installed including —
(a) the mode of transmission : and
(b) the type and description of
aerial and mean gain of aerial.
(5) The diplomatic mission shall
communicate to the Authority
through the Ministry of Foreign
Affairs the date for the
installation of the equipment.
(6) The inspection of any station
installed by a diplomatic mission
in Ghana shall be carried out by
the Authority subject to
reciprocal arrangement between the
Government of the diplomatic
mission concerned and the
Government of Ghana.
Section 35—Procedures for Dealing
with Complaints by his Customers.
(1) Every operator shall establish
a procedure for dealing with
complaints by his customers or
potential customers in relation to
the provision by the operator of
the relevant communication
services.
(2) No procedure shall be
established and no modification of
the procedure shall be made,
unless —
(a) the operator has consulted
persons or bodies that constitute
a fair representation of customers
for whom he provides the
services: and
(b) the proposed procedure or
modification has been approved by
the Authority.
(3) The operator shall publicise
the approved procedure in such a
manner as the Authority may
require and send a description of
the procedure, free of charge to
any person who asks for it.
(4) The Authority may direct the
operator to review his procedure
or the manner in which he operates
and make modifications to that
procedure.
Section 36—Settlement of Certain
Disputes between Operators and
Customers.
(1) Any dispute between a customer
and an operator in which it is
alleged that the operator—
(a) has exercised undue
discrimination against a customer
in respect of charges or terms
applied, or to be applied for the
provision of the service in
question; or
(b) has shown undue preference to
any other person in respect of the
charges or terms to the detriment
of the customer; or
(c) has applied, or proposes to
apply, any charge related to the
provision of the service to the
customer which is not authorised
in accordance with this Act, may
be referred to the Authority by
either party.
(2) Where a dispute is referred to
the Authority under subsection (1)
of this section, the Board or a
person appointed by the Board
shall determine whether the
allegation is well founded and if
it is, make such determination as
is appropriate together with a
statement of reasons for the
determination made.
(3) No act or omission of an
operator which is authorised by
any condition included in his
licence shall be taken to
constitute undue discrimination or
undue preference for the purposes
of this section.
(4) The procedures to be followed
in determining a dispute referred
to under this section shall be
prescribed by the Authority in
regulations made under this Act.
Section 37—Entry to Land.
(1) An operator may, subject to
such terms and conditions as may
be agreed upon between the
operator and the owner or occupier
of any land, enter the land
temporarily and remain on the land
for a reasonable time for the
purpose of—
(a) Supplying, erecting or
maintaining communications
services or facilities;
(b) surveying or obtaining
relevant information on the land;
(c) determining whether the land
is suitable for his purposes.
(2) Nothing in subsection (1) of
this section permits an operator
to enter any land which is a
burial ground or occupied by
anything held to be sacred or the
object of veneration except for
the purpose of removing a danger
to life or property.
(3) On entering any land under
this section, the operator shall
take such reasonable care as may
be practicable and shall—
(a) restore all affected
structures and services to their
normal state of repair;
(b) remove all dirt and debris
resulting from the activities in
subsection (1) from the site; and
(c) pay compensation for any
damage caused on the land.
(4) The amount of compensation
payable under subsection (3) of
this section shall be determined
by agreement between the parties
and if the parties are unable to
reach an agreement on the
compensation payable, the matter
may be referred to the Board which
shall in consultation, with the
body charged with the valuation of
government land determine the
compensation payable.
Section 38—Establishment of
Register.
(1) The Authority shall establish
and keep a register in such form
as the Board may determine and
shall record in it—
(a) licences issued under this Act
and the relevant conditions;
(b) suspensions and cancellation
of licences;
(c) designated standards of
communications equipment; and
(d) such other information
relating to operators as the Board
considers appropriate.
(2) Where it appears to the Board
that the entry of any condition in
the register would be contrary to
the public interest or the
commercial interest of any person,
the Board may decide not to enter
that condition in the register.
(3) The register shall be open for
public inspection during such
hours and subject to the payment
of such fee as may be determined
by the Board.
(4) Any person may, on payment of
the fee require the Authority to
supply to him an extract from any
part of the register.
Section 39—Inspectors.
(1) For the purposes of this Act,
the Board may in writing appoint
inspectors.
(2) An inspector appointed under
this Act shall carry out such
functions as the Board may
determine for the purpose of
giving full effect to this Act.
(3) An inspector appointed under
this Act may at all reasonable
times enter any premises which he
reasonably suspects to be used for
a purpose to which this Act
applies to inspect the premises or
generally to carry out any
function imposed upon him under
this Act or to ensure that the
provisions of this Act are
complied with.
Section 40—Ministerial
Responsibility.
The Minister for Transport and
Communications shall have
ministerial responsibility for the
Authority.
Section 41—Regulations.
(1) The Board may by legislative
instrument make regulations
generally for the purpose of
giving effect to the provisions of
this Act and may in particular,
make regulations in relation to
the following—
(a) technical standards for
provision of communications
services;
(b) accreditation of test houses;
(c) guidelines and rules on
tariffs and on international
accounting rates;
(d) the issue, conditions,
duration, suspension or revocation
of any licence or frequency;
(e) terms and conditions of
interconnection of communication
systems;
(f) cabling, cellular, trunking,
reforming, personal communications
network (P.C.N.), specialised
mobile radio (S.M.R.),
communication satellite system
including low earth orbiting
satellite (L.E.O.S.), integrated
services digital network (I.S.D.N.),
radio and television broadcasting
and any other means of
communications;
(g) the use of communications
stations or equipment including
equipment on board any vehicle,
vessel or aircraft within Ghana or
its territorial waters or Flight
Information Region (FIR);
(h) the issue of certificates or
licence held by operators of
ships, aircraft radio telephone
stations (including any station on
board any ship or aircraft
registered in Ghana or present in
Ghana whether registered in Ghana
or not);
(i)
the appointment of examiners and
the conduct of examinations for
the purpose of granting
certificates or licences under
paragraph (h) of this subsection;
(j) the qualification of
candidates for examinations and
class of certificates and any
other matter connected with the
examinations under paragraph (i)
of this subsection;
(k) the national numbering plan;
and
(l) anything to be prescribed by
regulations under this Act.
(2) There may be imposed for the
contravention of any provision in
regulations made under subsection
(1) a fine not exceeding ¢5
million or imprisonment for a term
not exceeding 2 years or to both.
(3) Without prejudice to
subsection (1) of this section the
Board may from time to time issue
technical manuals relating to
specifications of communications
equipment and every person shall
comply with the specifications
provided in the manuals.
(4) A legislative instrument
issued under this section shall be
under the signature of the
Chairman of the Board or in his
absence the person for the time
being acting as Chairman.
Section 42—Misleading Interception
and Non-Disclosure of Message.
(1) A person who is or has been an
employee of an operator shall not—
(a) send or attempt to send by
means of communication equipment
or facility any message which to
his knowledge is false or
misleading or is likely to
prejudice the efficiency of any
service or endanger the safety of
any person; or
(b) use any communications
equipment or facilities with
intent to obtain information
relating to the content, sender or
addressee of any message which
neither the person using the
equipment or facilities nor any
person on whose behalf he is
acting is authorised to receive;
or
(c) except, in the course of legal
proceedings or for the purpose of
any report of legal proceedings,
disclose any information relating
to the contents, sender or
addressee of any message, being
information which would not have
come to his knowledge but for the
use of communications equipment or
facilities by him or by another
person in the course of his duty
as an employee of the licensed
operator unless authorised by the
Authority.
(2) Any person who contravenes
subsection (1) of this section,
commits an offence and is liable
on conviction to a fine of not
less than ¢200,000 or imprisonment
of not more than 2 years or both.
Section 43—Offences and Penalties.
(1) Any person who—
(a) installs, establishes or
operates any communications system
without licence from the Authority
as provided under this Act; or
(b) uses any frequency when it has
not been assigned or allocated to
him by the Authority under this
Act; or
(c) unlawfully destroys or damages
any communications equipment; or
(d) uses communications equipment
for the purpose of interfering
with any communications station;
or
(e) intentionally and unlawfully
intercepts communications not
intended for the general public,
commits an offence and is liable
on conviction to a fine of not
less than ¢1 million or to
imprisonment for a term not
exceeding one year or to both on
first conviction; and to a fine of
not less than ¢5 million or to
imprisonment for a term not
exceeding two years or to both for
subsequent conviction.
(2) Where an offence created under
this Act or any regulations made
under it is committed by a body
corporate or by a member of a
partnership or other firm, every
director or officer of that body
corporate or any member of the
partnership or other person
concerned with the management of
the firm shall also be guilty of
the offence and shall, on
conviction, be liable to a fine of
not less than ¢1 million for the
offence and shall in addition be
liable to the payment of
compensation for any damage
resulting from the breach unless
he proves to the satisfaction of
the court that—
(a) he exercised due diligence to
secure compliance with the
provisions of the Act; and
(b) the offence was committed
without his knowledge, consent or
connivance.
(3) Where an offence is committed
under section 43 (1)(a) or (b) of
this Act, the court which convicts
the offender may order the
forfeiture of any equipment used
in the commission of the offence.
Section 44—Interpretation.
In this Act unless the context
otherwise requires—
"Authority" means the National
Communications Authority
established by section 1 of this
Act;
"Board" means the governing body
of the Authority;
"Chairman" means the Chairman of
the Board;
"communications" means any
transmission, emission, or
reception of signs, signals,
writing, images, sounds or
intelligence of any nature through
a communications system;
"communications equipment" means
any equipment or apparatus for the
purpose of or intended to be used
for communications as part of or
comprising a communications
system;
"communications service" includes
the provision of any such service
through a communications system
for the transmission or routing of
signals or a combination of these
functions,
"communications station" means one
or more transmitters or receivers
or a combination of transmitters
and receivers including the
accessory equipments necessary at
one location for carrying out
communications service;
"communications system" means a
system for the conveyance through
the agency of electric, magnetic,
electro-magnetic, electro-chemical
or electro-mechanical energy,
light energy of—
(a) speech, music and other
sounds;
(b) visual images;
(c) signals serving for imparting
(whether as between persons and
things) of any matter in the form
of sounds or visual images;
(d) signals serving for the
actuation or control of machinery
or apparatus; and
(c) includes communications
equipment situated in Ghana; and
(i)
connected to but not comprised in
a communications system; or
(ii) connected to and comprised in
a communications system which
extends beyond the boundaries of
Ghana;
"consumer or customer" means any
person who is, or wishes to be
provided with any relevant
communications service by an
operator;
"frequency" means radio frequency;
"Minister" means the Minister
responsible for Transport and
Communications;
"National Frequency Allocation
Plan" means a frequency allocation
plan prepared and issued by the
Authority based on the
International Telecommunication
Union Final Act of the World Radio
Administrative Conference;
"national numbering plan" means a
plan which outlines national
telephone numbers and area code
for use by operators and customers
or subscribers for the provision
of communications services;
"operator" means a person who
provides communications service
through a communications system
and who has been licensed and
assigned or allocated frequency
under section 9 and 27
respectively of this Act;
"radio communications" means
communications by means of
electromagnetic waves;
"radio frequency" means any
discrete portion of
electromagnetic wave that lies
between 9KHZ and 3,000 GHZ;
"shared bonds" means frequency
bands in the National Frequency
Allocation Plan which are for
common use for defence and civil
purposes;
"wire communication" or
"communication by wire" means the
transmission of writing signs,
signals, pictures and sounds of
all kinds by aid of wire, cable or
other-like connection between the
point of origin and reception of
such transmission, including all
instrumentalities, facilities,
apparatus, and services among
other things for the receipt,
forwarding and delivery of
communications, including or
incidental to such transmission.
Section 45—Repeal Savings and
Transitional Provisions.
(1) The Telecommunications
(Frequency Registration and
Control) Decree, 1977 (S.M.C.D.
71) is hereby repealed.
(2) Notwithstanding the repeal
under subsection (1) of this
section—
(a) any rules or regulations made
under it and in force immediately
before the coming into force of
this Act shall continue in force
to the extent that the rules or
regulations are consistent with
the corresponding provisions of
this Act until they are amended or
revoked;
(b) any action or other legal
proceeding instituted under the
repealed enactment may be
continued under it as if the
enactment had not been repealed;
(c) the Frequency Board in
existence immediately before the
coming into force of this Act
shall until the Board of the
Authority is constituted, grant
frequencies and perform related
functions provided under this Act;
and the Minister shall until the
Board of the Authority is
constituted, exercise all other
powers conferred on the said Board
under this Act.
Section 46—Transfer of Assets and
Liabilities.
The rights, assets, property,
obligations and liabilities of the
Frequency Board established under
the Telecommunications (Frequency
Registration and Control) Decree,
1977 (S.M.C.D. 71) are hereby
transferred to the Authority.
Section 47—Existing Operators.
Any person who owns or operates a
communications system in Ghana
immediately before the coming into
force of this Act and to which
this Act is applicable and intends
to so continue shall subject to
the provisions of this Act, apply
within six months from the date of
the coming into force of this Act
for the grant of a licence and the
assignment of the requisite
frequency.
Date of Gazette Notification: 31st
December 1996. |