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Telecommunications Licensing Directive No. 792/2013

Ethiopian Communication Authority792/2013

Summary

This directive establishes a legal framework for the Ethiopian Communications Authority to issue licenses for telecommunication services, infrastructure, and operations, ensuring an effective and efficient licensing process.

Who's affected

Businesses seeking to operate telecommunication services or networks in Ethiopia, including existing operators.

Action required

Businesses planning to offer telecommunication services must apply for the relevant licenses as outlined in this directive.

Key points

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  • Establishes a comprehensive licensing framework for telecommunication services in Ethiopia.
  • Defines various types of licenses including individual, aggregate, and radio frequency spectrum licenses.
  • Outlines the application process, requirements, and criteria for obtaining licenses.
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    • Specifies procedures for license renewal, suspension, revocation, and surrender.
    • Addresses conditions for license transfer and changes in shareholding.
    • Empowers the Ethiopian Communications Authority to monitor compliance and enforce the directive.
    • Includes provisions for exemptions from licensing under certain conditions.

Requirements

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  • Applicants must be registered under Ethiopian law.
  • Applicants must meet technical standards set by the Authority.
  • Applicants must demonstrate sufficient financial capacity.
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    • Applications must be submitted using prescribed forms with required fees and supporting documents.
    • Details required include registration/identification, memorandum and articles of association, shareholder details, contact information, business plan, network details, and financial capability.
    • Licensees must comply with the terms and conditions of their license.
    • Licensees must report any changes to their registered details or services to the Authority.
    • Existing operators must apply for new licenses under this directive.
    • Licensees must pay applicable fees, including spectrum usage fees for existing operators.

Rights and permissions

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  • The right to apply for various types of telecommunication licenses.
  • The right to renew licenses under specific conditions.
  • The right to appeal decisions made by the Authority regarding license suspension or revocation.
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    • Exemption from licensing for specific telecommunication services or segments of the public upon Authority decision.
    • The right to receive a decision on license applications within stipulated timelines.
    • The right to be notified of proposed changes to license conditions.
    • The right to submit comments on proposed license condition changes.

Restrictions

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  • No person can provide telecommunication services or operate a network without a license or exemption from the Authority.
  • No person can use radio frequency spectrum without a license.
  • Licenses specify the scope of services and network operations allowed.
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    • Licensees cannot provide services not explicitly stated in their license.
    • Licenses cannot be transferred or sublet without prior written approval from the Authority.
    • Changes in ownership (25% or more voting or economic rights) require prior Authority approval.
    • Activities that lead to unfair competition may result in rejection of ownership changes.
    • Operating without a valid license or after the expiry date incurs administrative penalties.

Penalties

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  • Financial penalties for violations of the directive.
  • License suspension or revocation for non-compliance.
  • Administrative fines for operating without a license or after expiry.
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    • Failure to provide requested additional information within 30 working days may lead to application rejection.
    • Failure to rectify incorrect information within 30 working days may lead to application rejection.
    • Failure to submit applications for renewal or pay fees may lead to license expiry.

Objectives

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  • To establish an effective and efficient licensing process for telecommunication systems, infrastructure, and services.
  • To create a legal framework that enables the Authority to effectively control and manage telecommunication operators.
  • To define the framework for amending, renewing, suspending, and revoking licenses.

Organizations

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  • Ethiopian Communications Authority (ECA)

Legal references

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  • Ethiopian Communications Service Proclamation No. 1148/2011, Article 6(2), 6(7), 20(2), and 52(4)
  • Article 20(4) of the Proclamation
  • Articles 34-37 of the Proclamation
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    • Article 52 of the Proclamation
    • Article 52(6) of the Proclamation
    • Ministerial Council regulations on license suspension/revocation and administrative penalties
Original sourcehttps://justice.gov.et/en/directives/telecommunications-licensing-directive-no-792-2013/
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