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Licensing

Overview

The Authority shall specify types of services and activities that are subject to licensing and rules, terms and conditions applicable to classes and types of licences in accordance with provisions of the National Communication Act 2012, and its regulations.

Establishment, Possession and Operation of Communication Networks

  1. No person shall establish, possess, operate or manage any public or private communication network unless it is licenced in accordance with the provisions of the National Communication Act and applicable regulations.
  2. The following entities are hereby exempted from the provisions of sub-section (1) of this section of the National Communication Act:
    • Communication Networks of the National Armed Forces, other law enforcement agencies, and National Security organs within the limits of frequency band allocated to each of them respectively;
    • Wired or wireless private communication networks for use by the office within the same building or premises owned by one or more persons as specified in the regulations;
    • Any other network as approved for exemption by the Authority.
  3. The entities exempted in accordance with subsection (2) of this section of the National Communication Act shall not offer communication services on a commercial basis except under Licence issued upon approval of the Authority.

Regulation Guidelines

  1. The Authority shall enforce compliance by Licensees to requirements of the law relating to National security, defence, emergencies and national, regional and international policies and regulations.
  2. The Authority shall coordinate activities with South Sudan regulatory bodies and with the entities that are providing complimentary communication services.
  3. Licensees shall observe international laws and regulations to which South Sudan is a party in relation to communications and shall offer their services in accordance with the standards and specifications that are duly approved by the Authority.

Types and Conditions of Licences

The types and conditions of Licences, their validity, terms for renewal and fees shall be as prescribed by regulations.

Licensing Procedures

  1. The Authority may invite applications for any new Licence or for any new services through the use of tender, auction procedures or direct applications as shall be prescribed in the regulations issued under the National Communication Act.
  2. The Authority shall specify methods of submitting applications for Licences according to type, nature or coverage of the services and number of providers needed for the provision of such service.
  3. The regulations shall set forth the basis, criteria, technical conditions and necessary requirements for examining applications and offers for Licences and their review and evaluation.
  4. When considering applications for Licences, the Authority shall take into account, the following:
  5. fair competition;
  6. security aspects;
  7. Technical, financial and managerial aspects relating to capacities of the applicants;
  8. All agreements between South Sudan and other countries and between the Authority and local or external entities in connection with the communication sector.

Amendment of Licence

  1. The Licensee shall not amend the Licence, once issued, without first obtaining the approval of the Authority,
  2. The Authority may amend any of the conditions of the Licence, after issuance, in accordance with the procedures that is prescribed in the regulations,
  3. Any party aggrieved by a decision of the Authority to amend any of the conditions of the Licence pursuant to the provisions of sub-section (2) of this section shall petition the Competent Minister whose decision on the matter shall be the final administrative decision on the matter.  The party aggrieved, shall have the right of appeal to a competent court.

Obligations of the Licensee

The Licensee shall comply with the following;

  1. Conditions of the Licence
  2. Provisions of regional and international agreements
  3. Provisions and regulations of the International Telecommunication Union (ITU), Universal Postal Union (UPU), appendices and subsequent amendments.
  4. Requirements to implement the work to which Licence applies according to agreed time schedules and to notify the Authority of any constraints hindering timely implementation at any stage.
  5. Requirement to submit quarterly and annual reports indicating the technical, administrative and financial aspects and any other information and data at such periods as specified by the Authority.
  6. Compliance   with   regulation, directives   and   orders   issued   by   the   Authority   and   any applicable laws affecting the nature of Licence issued.
  7. Establishing a special unit for receiving and settling customer complaints.
  8. Where the Licensee wishes to enter into any association, contract or arrangement with a third party to provide communication services which only the Licensee is permitted to provide under the Licence the or she shall first seek approval of the Authority before entering into such association, contract or arrangement.
  9. The Licensee shall   not enter   into   any   arrangement   with   any person   operating international communication services on terms or conditions deemed by the Authority to be in conflict with the public policy and national interests of South Sudan.

Cancellation of Licence

  1. The   Authority shall cancel any communication Licence in any of the following circumstances;
  2. Licensee’s non-payment of the prescribed fees for renewal of the Licence at the specified time without acceptable excuse;
  3. Where the Licensee contravenes any conditions of the Licence;
  4. Upon liquidation of the Licensee’s business, declaration of bankruptcy or loss of legal capacity;
  5. Where the Competent Minister or the Board has determined that continuation of the Licence may prejudice the public policy or national interests of South Sudan.
  6. The Authority may cancel a Licence issued for any specific services or area, if:
  7. The Licensee contravenes any provisions of National Communication Act or regulations;
  8. Where the Licensee’s operations have resulted in harm to other persons or where the Licensee refuses to adapt his or her operations after having been required to do so by the Authority;
  9. where the Licensee fails to execute a decision of the Authority after expiration of a period of thirty (30) days from the date of the notice of the requirement mentioned in sub-section (b) of this subsection;
  10. Where the services rendered by the Licensee are determined to be below the required standard upon verification by the Authority of the complaints lodged against the Licensee;
  11. Where the Licensee has been given two warnings within a period of six consecutive months without taking heed;
  12. Where there are necessary and exceptional reasons justifying cancellation as determined by the Authority.

Consequences of Licence Cancellation

  1. A person whose Licence for the establishment of a public communication network or provision of communication services has been cancelled shall
  2. Take immediate steps to notify the customers through the available public media
  3. Not accept new subscriptions as of the date of cancellation of the Licence unless a written waiver has been given by the Authority;
  4. Not dispose of communication or network equipment unless an express waiver has been issued by the Authority;
  5. Return any deposits collected from subscribers in relation to the cancelled services;
  6. Not apply for any communication Licence until after the expiration of one year from the date of cancellation.
  7. A person whose licence for manufacturing or assembling communications equipment and materials has been cancelled shall:
  8. Immediately disclose to the Authority the nature and amounts of current stock and, unless expressly permitted by the Authority, shall not dispose of it; and;
  9. Shall not dispose of the factory facilities or other equipment unless authorised to do so by the Authority.

Delivery of Licence

The Licensee or the person in possession of the Licence shall deliver it to the Authority immediately upon its cancellation.

Claims for Compensation

  1. The Licensee whose Licence has been cancelled pursuant to any provision of National Communication Act or applicable regulations shall not be entitled to claim compensation or refund of fees and charges paid to the Authority in respect of renewing or issuance of the Licence.
  2. Cancellation of the Licence shall, however, not prejudice the rights of affected persons having legitimate claims from asserting such claims against the Licensee.

National Communications Licensing Regulations 2016   |    Download PDF

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