WHEREAS, the establishment of a separate regulatory organ other than the operator and the prescription of regulatory provisions are found necessary to make the telecommunication service more efficient and reliable;
NOW, THEREFORE, in accordance with Article 55(1) of the Constitution of the Federal Democratic Republic of Ethiopia, it is hereby Proclaimed as follows:
- In this Proclamation, unless the context requires otherwise: 1) "telecommunication" means the emission, transmission or reception, through the agency of electricity or electromagnetism, of any sounds, signs, signals, writing, images or intelligence of any nature by wire, radio, optical or other electromagnetic systems whether or not such signs, signals, writing, images, sounds or intelligence have been subjected to rearrangement, computation or other processes by any means in the course of their transmission, emission or reception; 2) "telecommunication line" means any wire, cable, tower, mast, antenna, pole or any other structure or equipment used or intended to be used in connection with a telecommunication system; 3) "basic telecommunication service" means telephone, telegram or telex service; 4) "telecommunication equipment" includes any appliance, apparatus or accessory used or intended to be used for telecommunication services; 5) "TVRO" means an apparatus used only for the reception of satellite television broadcasts; 6) "call-back service" means the use of dial tone of a foreign telecommunication operator for international connections without the knowledge of the domestic telecommunication operator; 7) "Ministry" and "Minister" means the Ministry and Minister of Transport and communication, respectively: 8) "person" means a natural or a juridical person.
2) The Agency shall be accountable to the Ministry.
- The Agency shall have the following powers and duties:
- 1) to ensure that telecommunication services are operated in a manner that will best serve and contribute to the Country’s economic and social development; 2) to specify technical standards and procedures for the provision of telecommunication services; 3) to ensure that telecommunication services conform to the specified standards of quality; 4) to regulate tariffs relating to basic telecommunication services; 5) to license and supervise operators of telecommunication services; 6) to regulate types of telecommunication equipment which may be connected to a telecommunication system; 7) to authorize and supervise the use of frequencies allotted to Ethiopia; 8) where authorized by the Minister, subject to the appropriate laws and government directives, to represent the Government in international conferences and international organizations concerned with telecommunications; and to follow up the implementation of treaties dealing with telecommunications to which Ethiopia is a party. 9) to collaborate with educational institutions in order to promote technical education in the fields of telecommunications; 10) to collect licence fees in accordance with the rate approved by the Ministry; 11) to own property, to enter into contracts and to sue and be sued in its own name; 12) to perform such other related activities as may be necessary for the attainment of its objectives.
3) Without limiting the generality of sub-Article (2) of this Article, the General Manager shall:
(c) prepare and submit to the Ministry the programme and budget of the Agency; and implement same upon approval;
(d) effect expenditure in accordance with the budget approved for the Agency;
(e) represent the Agency in all its dealings with third parties;
(f) prepare and submit to the Ministry the activity and financial reports of the Agency.
- 1) The budget of the Agency shall be drawn from the following sources:
- (a) government subsidy; (b) license fees; (c) any other source.
- 1) The Agency shall keep complete and accurate books of accounts.
(c) provision of service on priority basis to the Government or specified organizations;
(d) criteria for setting tariffs regarding the service ;
- (e) requiring an operator to comply with such technical standards or requirements including service performance standards as may be specified in the licence.
- 3) The Agency shall consider the following criteria in approving types of telecommunication equipment:
- (a) safety to life and health; (b) maintenance of the telecommunication network including conditions regarding data protection; (c) electromagnetic compatibility; (d) appropriate use of electromagnetic frequency spectrum; (e) interpretability between the telecommunication equipment and the telecommunications networks; (f) other considerations which the Agency may determine by directives.
- 4) It is prohibited to manufacture, import or distribute, without obtaining prior approval, telecommunications equipment that require the approval of the Agency.
3) The provisions of sub-Article (2) of this Article shall not be applicable to radio apparatus for use by the police, the armed forces and any other services directly employed by the State.
3) In deciding upon an application for assignment of frequencies, regard shall be made to the present use and future needs of the Country;
4) Frequencies may be assigned to different persons on time-sharing basis.
3) An inspector shall have the power to inspect any telecommunication equipment and to examine and make copies of any relevant documents.
4) An inspector shall show his identification card before entering any place for inspection.
3) Any telecommunication operator may cut down any tree or branch which may in any way cause damage to or is likely to impede a telecommunication line.
4) Before entering any place for purposes specified in sub- Article (1) or (2) of this Article, an operator shall give a ten - day written notice to the possessor of the land or owner of the building stating the nature of the acts intended to be done.
5) If the possessor of the land or the owner of the building has any objection against the performance of the intended act, he may lodge his objection with the Agency within the notice period specified under sub-Article (4) of this Article.
6) The Agency may upon giving each party an opportunity to be heard, uphold the objection or authorize, either unconditionally or subject to such conditions as it thinks fit, the performance of the intended acts.
- An operator may compulsorily acquire any privately possessed lands for public use in accordance with the law.
3) Where the telecommunication operator unduly withholds its consent, the Agency may authorize the carrying out of the activities referred to in sub-Article(1) of this Article where it ascertains that they will not cause damage or any impediment to the telecommunication line.
4) Any construction work or fixtures of permanent nature shall be at least two meters away from the installation of a telecommunication line;
5) When any construction work is hindering an existing telecommunication line, the operator may, by giving thirty days notice, request the owner or the possessor to remove it.
6) If the owner or possessor fails to remove the construction work, the operator shall have the right to remove it.
- 1) No person is allowed to connect or disconnect telecommunication lines other than authorized employees of an operator or a person licensed by the Agency. 2) The use of call-back service is prohibited.
3) Any person who contravenes other provisions of this Proclamation shall be punished in accordance with the Penal Code.
- The following are hereby repealed:
- 1) the Declaration of Telephones Proclamation No. 55/1944; 2) the Maintenance of Telephone Services Proclamation No. 114/1950; 3) the Imperial Board of Telecommunications establishment Proclamation No. 131/1952.
- This Proclamation shall enter into force as of the 28th day of November, 1996.