In this Act, unless the context otherwise requires
"authorised", in relation to an officer or employee of the Commission, means authorised by the Executive Director to exercise the powers or perform the duties in respect of which an authorised person is required;
"Board"
means the Board established under section
9
;
"broadcaster"
means a licensed person who packages and distributes or distributes television or radio programmed services for reception by subscribers or the public, regardless of the technology;
"broadcasting"
means the transmission of sound, video or data, intended for simultaneous reception by the public;
"cinematograph theatre"
means any building, structure, tent or other erection of whatever nature or any place or land in or on which a cinematograph or video exhibition is presented to the public either gratuitously or for reward;
"Commission"
means the Uganda Communications Commission established under section
4
;
"communications"
means telecommunications, data communication, radio communications, postal communications and includes broadcasting;
"communications services"
means services performed consisting of the dissemination or interchange of audio, visual or data content using postal, radio, or telecommunications media, data communication, and includes broadcasting;
"content"
means any sound, text, still picture, moving picture or other audiovisual representation, tactile representation or any combination of the preceding which is capable of being created, manipulated, stored, retrieved or communicated electronically;
"currency point"
has the value assigned to it in Schedule 1;
"data"
means electronic representations of information in any form;
"dominant position"
means a position of market power enjoyed by an operator, which enables the operator to prevent effective competition being maintained in the relevant market by giving it the power to behave, to an appreciable extent, independently of its competitors and customers;
"Executive Director"
means the Executive Director of the Commission appointed under section
16
;
"eligible person"
means a person who-
(a)
has not been adjudged bankrupt or has not entered into a composition or a scheme of arrangement with his or her creditors; or
(b)
has not been convicted of an offence whose penalty exceeds six months imprisonment or a fine exceeding twelve currency points or both;
"emission of electromagnetic energy"
includes the deliberate radiation or reflection of electromagnetic energy by means of any apparatus designed or specially adapted for that purpose whether the reflection is continuous or intermittent;
"electronic media"
means communication of any message to the public by means of any electronic apparatus;
"exhibition"
means a display of art, video or data to the public, with or without sound by means of any electronic apparatus;
"franking machine"
means a machine for the purposes of making impressions on postal articles to denote prepayment of postage and includes any metre or metres and any franking or date stamping dies or incidental dies;
"licence"
means a licence issued under this Act;
"Minister"
means the Minister responsible for information and communications technology;
"operator"
means a person licensed to provide a communication or broadcasting service;
"person"
includes any individual, company, association, or body of persons corporate or unincorporate;
"postal article"
includes any letter, postcard, newspaper, book, document, pamphlet, pattern, sample packet, small packet, parcel package or other article tendered for dispatch or specified in the International Postal Union or in the licence of an operator;
"postal services"
means the services performed and facilities provided in connection with-
(a)
the collection, transmission and delivery by land, water or air of postal articles;
(b)
the issue of postage stamps and the use of franking machines;
(c)
the issue and payment of money from one place to another or address commonly referred to as money ordering;
"producer"
includes a person who is at any given time, in charge of programme production and transmission to the public by means of any electronic apparatus;
"radio communication"
means the transmitting or receiving over paths which are not provided by any material substance constructed or arranged for that purpose, of electromagnetic energy of a frequency not exceeding three million megahertz being energy which either-
(a)
serves for the conveyance of messages, sound or visual images, whether messages are actually received by any person or not, or for the actuation or control of machinery or apparatus; or
(b)
is used in connection with the determination of position, bearing or distance, or for the gaining of information as to the presence, absence, position or motion of any object or objects of any class;
"radio communications apparatus"
or "radio communications station" means any apparatus or station, as the case may be, for transmitting or receiving of radio communication other than a domestic radio set and where-
(a)
that radio communications apparatus or station cannot lawfully be used without a radio communications licence or without an exemption under section
23
;
(b)
radio communication in the form of messages, audio or visual images is received or transmitted by that apparatus or station;
(c)
an apparatus is electrically coupled with another apparatus or station for the purpose of enabling any person to receive or transmit messages, sound or visual images;
"radio communications services"
means services performed and the facilities provided in connection with communication by means of radio communications apparatus;
"telecommunication"
means the emission, transmission or reception through the agency of electricity or electromagnetism of any sounds, signals, signs, 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;
"telecommunications apparatus"
or "telecommunication station" means any apparatus or equipment used or intended to be used in connection with the transmission of communications by means of electricity from one place to another place either along a wire joining those two places or partly by wire from each of those two places and partly by radio communication;
"telecommunications line"
means any wire, cable, equipment, tower, mast, antenna, tunnel, hole, pit trench, pole or other structure or thing used or intended to be used in connection with a telecommunications system;
"telecommunications service"
means a service consisting of the conveyance or reception of any sounds, signs, signals, writing or images by wire, optical or other electronically guided media systems whether or not the signs, signals, writing, images, sounds or intelligence have been subjected to rearrangement, computation or other process by any means in the course of their transmission, emission or reception;
"telecommunications system"
means a system for the conveyance through the agency of electric, magnetic, electromagnetic, electrochemical, electromechanical or light energy of-
(a)
speech, music, data and other sounds;
(c)
signals serving for the importance, whether as between persons and things, of any matter otherwise than in the form of sounds, visual images; or
(d)
signals serving for the actuation or control of machinery or apparatus; and including telecommunications apparatus situated in the Republic of Uganda;
"tribunal"
means the Uganda Communications Tribunal established under section
60
;
"wire"
includes optical cable.