THE COMMUNICATIONS (FAIR COMPETITION) REGULATIONS, 2005.

ARRANGEMENT OF REGULATIONS.

Regulation.

1.                     Title.

2.                      Application of Regulations.

3.                      Objectives of Regulations.

4.                      Interpretation.

5.                      Rules of fair competition.

6.                      Acts of unfair competition.

7.                      Discrimination and undue preference.

8.                      Exemptions.

9.                      Types of exemptions.

10.                     Notifications.

11.                     Enforcement procedures.

12.                     Guidelines for determining breach of fair competition.

SCHEDULE

SCHEDULE—GUIDELINES FOR DETERMINING BREACH OF FAIR COMPETITION.

The Communications (Fair Competition) Regulations, 2005.

(Under section 94 of the Uganda Communications Act, Cap 106)

In exercise of powers conferred on the Uganda Communications Commission by section 94 of the Uganda Communications Act, these Regulations are made this 7th day of January, 2005.

1.          Title

These Regulations may be cited as the Communications (Fair Competition) Regulations, 2005.

2.          Application of Regulations

(1)       These Regulations apply to an operator issued with a licence under the Act and to any other person required to comply with Part X of the Act.

(2)                    In applying and implementing Part x of the Act and these Regulations, the Commission shall have power—

(a)                  to monitor and enforce fair competition in the communications sector;

(b)                  to investigate all acts in breach of fair competition;

(c)    to conduct proceedings, inquiries or public consultations in order to

render or make a decision on acts or conduct in breach of fair competition;

(d)     to apply the Communications (Practice and Procedure) Regulations,

2005, where applicable, in fair competition proceedings; and

(e)     to impose sanctions, penalties or issue orders against operators and

persons whose acts or conduct are anti-competitive or in breach of fair competition.

3.          Objectives of Regulations

The objectives of these Regulations are—

(a)    to promote the efficiency and competitiveness of the communications

industry in Uganda;

(b)   to ensure that communication services are reasonably accessible to all

people in Uganda;

(c)    to ensure that communication services are supplied as efficiently and

economically as is practicable and at performance standards that reasonably meet the social, industrial and commercial needs of Uganda;

(d)   to promote and maintain a fair and efficient market conduct and effective

competition among all persons engaged in commercial activities

connected with the communication sector in Uganda;

(e)    to encourage, facilitate and promote industry self-regulation in the

communication industry in Uganda;

(f)     to encourage, facilitate and promote investment and establish, develop

and expand the communication industry in Uganda; and

(g)   to design consumer protection mechanism and prevent anti-competitive

conduct in the communications industry.

4.      Interpretation

In these Regulations, unless the context otherwise requires—

“Act” means the Uganda Communications Act, Cap 106;

“commercial activities connected with telecommunications” means the provision of telecommunication services, the supply or export of telecommunication apparatus and the production or acquisition of telecommunication apparatus for supply or export;

“Commission” means the Uganda Communications Commission established under the Act;

“interconnection” means the physical and logical linking of telecommunications networks used by the same or a different operator in order to allow the users of one operator to communicate with users of the same operator or to access services provided by another operator;

“inter-operability” means the ability of two or more facilities or networks to be connected to exchange information, and to use the information that has been exchanged;