Uganda Communications (Licensing) Regulations

These Regulations apply to the regulation and licensing of telecommunications and telecommunications services.

These Regulations apply to the regulation and licensing of-

A person shall not, without a licence issued by the Commission, carry out any activity for which a licence is required under the Act.

A person who contravenes subregulation (1) commits an offence and is liable, on conviction, where a penalty is not prescribed in the Act, to a fine not exceeding forty eight currency points or to imprisonment not exceeding twenty four months. (3) An operator shall operate in accordance with the Act, regulations made under the Act and the terms and conditions of the licence.

Subject to the Act, these Regulations and guidelines issued by the Commission, a person who intends to provide telecommunications or telecommunication services regionally or nationally shall apply to the Commission for one or more of the following licences- (a) a public infrastructure provider licence; to permit licensees to construct, install and operate network facilities associated with transmission, reception and switching of telecommunications or electronic signals; (b) a public service provider licence; issued to persons to provide telecommunications services, using the infrastructure of a licensed public infrastructure provider, to consumers of the service or a reseller of the service, regardless of the technology used; (c) any other telecommunications licence as may be designated by the Commission, for services or operations for public pay, communications network services and private networks or any other telecommunications services or operations. (2) A facilities-based operator shall be individually licensed.

A services-based operator may be individually licensed or class licensed, depending on the scope of the operations and nature of services. (4) The Commission may, on receipt and evaluation of an application, designate the applicant as an applicant for a national operator's licence and regulation 8 shall apply to the adjudication of the application.

A person who holds a telecommunications licence under regulation 7 may, after ten years in good standing, apply to the Commission for a national telecommunications operator's licence subject to the Act, regulations made under the Act and terms and conditions prescribed by the Commission.

Notwithstanding subregulation (1), the Commission shall, upon issue or renewal of a telecommunications licence or any other licence, designate the licensee as a national telecommunications operator. (3) The Commission may issue guidelines prescribing the scope of a licence under subregulation (2) by defining- (a) the scope of coverage to cover the entire geographical area of Uganda; (b) universal access including broadband delivery; (c) applicable principles to regulate competition to promote infrastructure sharing, interconnection and access; and (d) provision of government communication services mandated by the Uganda Communications (Pricing and Accounting) Regulations, 2019.

A national telecommunications operator licence shall be valid for twenty years from the date of initial issue and may be renewed once for a further period of ten years subject to compliance with the Act, regulations made under the Act, any other applicable law, terms and conditions of the licence and directions issued by the Commission.

In implementing the requirements of this regulation, the Commission may issue guidelines from time to time.

The Commission may, by notice in a newspaper of local or national circulation or in the electronic media, invite eligible persons to apply for telecommunications licences.

The notice under subregulation (2) shall state-

An application for a telecommunications licence shall be made to the Commission in Form A set out in Schedule 2 to these Regulations.

An application under this regulation shall be accompanied by the prescribed fee.

The Commission may, on receipt of an application for issue of a licence; an application for modification, renewal or transfer of a licence, request from the applicant, further particulars to enable the Commission to determine whether the application should be granted or denied.

The Commission may, based on the area of coverage of the applicant, grant the applicant a National or Regional licence.

The Commission may authorise a person to provide communal access to the services of a public service provider, private networks, or any other services or operations designated by the Commission. (2) A person who intends to transmit communications traffic shall apply to the Commission for an authorisation to transmit communications traffic. (3) An application under subregulation (2) shall be accompanied by a copy of the agreement between the applicant and the operator.

The Commission shall, in granting an authorisation under this regulation, stipulate terms and conditions which the applicant shall observe.

A community broadcasting licensee shall not- (a) own more than one broadcasting frequency;

The following entities are not eligible for a community broadcasting licence and must apply for a commercial broadcasting licence under regulation 12-

A community broadcaster shall- (a) meet the needs of the specific geographical community or communities of interest and pursue a social development agenda; (b) operate on a not-for-profit basis; (c) deal specifically with community issues which are not normally dealt with by other broadcasting services in the same area; (d) provide programming that is informational, educational and entertaining in nature; (e) focus on the provision of programmes that highlight grassroots community issues, including developmental issues, health care, basic information and general education, environmental affairs, local and international affairs, and reflect local culture;

An application for a broadcasting licence shall be made to the Commission in Form B set out in Schedule 2 to these Regulations. (2) An application under subregulation (1) shall include-

Unless otherwise required by the Commission, an applicant for a licence to provide subscription broadcasting services may apply to the Commission for authorisation to provide broadcasting services to members of the public on behalf of a person licensed to land satellite broadcasts in Uganda.

An applicant under subregulation (3) shall satisfy the Commission that it has the capacity to offer a minimum of ten channels to each subscriber and shall submit a copy of the agreement entered into between the person licensed to land satellite broadcasts in Uganda and the applicant.

The Commission may, by notice in a newspaper of national circulation in Uganda or in the electronic media, invite eligible persons to apply for a broadcasting licence.

The notice under subregulation (4) shall state the broadcasting infrastructure and broadcasting services in respect of which applications are invited.

Where an application relates to the provision of community broadcasting services under regulation 14, an applicant shall, in addition, display the application at the Office of the Chief Administrative Officer in the district where the proposed broadcasting station is to be located and at the offices of the Commission, for a period of not less than thirty days. (7) A member of the public may submit written comments to the Commission on the suitability of the applicant within seven days after the posting of the advertisement of the application under subregulation (6).

The Commission shall take into account submissions from members of the public under subregulation (6) in granting a community broadcasting licence.

An application under this regulation shall be accompanied by the prescribed fee.

The Commission may, at any time after the filing of an application for a licence, require from an applicant further written statements of fact to enable the Commission to determine whether the application for a licence should be granted or denied. (11) An applicant for a licence shall be bound by all terms, commitments, offers, presentations, proposals, plans and obligations stated in the application and shall ensure the accuracy of the information and representations submitted in the application.

The Commission may limit the number of licences issued to a single person in any of the areas of coverage under subregulation (1). (3) For purposes of this regulation, person includes an individual, company, association or body of persons corporate or unincorporated, and any beneficial owner.

The Commission shall ensure that broadcasting services-

The Commission may define, expand or limit the scope of any broadcasting service. (3) Every broadcaster shall- (a) file, annually, with the Commission, the particulars of the station's physical location and station identity and any changes to them; (b) ensure that the station identity is not identical or similar to that of another station; and (c) keep such records as the Commission may from time to time prescribe by notice in writing to the licensee.

A public broadcaster shall- (a) provide radio and television broadcasting services and programmes that contribute to social economic development with emphasis on national unity and cultural diversity; (b) reflect the Government vision regarding the objective, composition and overall management of broadcasting services; (c) ensure protection of the public interest in rendering broadcasting services;

A public broadcaster may provide and receive from other persons, material to be broadcast, except that in acquiring the material, the public broadcaster shall have regard to the need to maintain the distinctive character of the public broadcasting service and to cater for the expectations of audiences which are not generally catered for by other broadcasting services.

Broadcast frequencies assigned to a public broadcaster for use in public broadcasting shall not be leased or transferred to a third party. (4) A licence granted to a public broadcaster may require the broadcaster to maintain and keep separate accounts in respect of its commercial and non-commercial broadcasting services.

Every content service provider shall ensure that its content is only transmitted by a licensed Public Infrastructure Provider.

A Public Infrastructure Provider shall be assigned frequency spectrum where applicable to broadcast content as a self-provider or multiplex provider, on any of the platforms referred to in regulation 12 (a). (3) A licence granted under regulation 16 may require a broadcaster to- (a) distribute, on its digital platform, free to air and subscription broadcasting services and related data on behalf of other licensed broadcasters;

A Public Infrastructure Provider shall, within 14 days of notification by the Commission of the revocation, expiry or nonrenewal of a broadcaster's licence, discontinue any arrangements entered into in relation to the distribution of broadcasting services of that broadcaster.

A Public Infrastructure Provider may impose charges in respect of- (a) any contractual arrangements entered into with a content service provider; (b) reception of broadcasting services requiring conditional access; and

A signal distributor shall, in consultation with other content service providers it carries on its infrastructure, prepare an electronic programme guide for audiences to use to access the provider's respective programming schedules.

A signal distributor shall ensure that an electronic programme guide prepared under subregulation (1) is user-friendly and easy to navigate.

Where the signal distributor carries its own or its affiliate's content, such activity shall not disadvantage other content service providers through privileged access.

The Commission shall prescribe a Programme Code that sets out broadcasting standards.

The Commission shall publish the Programme Code referred to in subregulation (1) in the Gazette and in a newspaper of national circulation at regular intervals.

A registered body of broadcasters wishing to operate under its own Programme Code shall submit the proposed Code to the Commission for approval.

The Commission shall, before approving a Programme Code under subregulation (1) consider the standards contained in the Programme Code prescribed under regulation 25 take into account the following- (a) the taste and decency of programme material, the subject of a broadcasting service or sound broadcasting service and the portrayal of violence and sexual conduct in the material; (b) advertising, infomercials, sponsorship and other forms of commercial promotion employed in any broadcasting service or sound broadcasting service other than advertising and activities referred to in paragraph (c); (c) advertising, infomercials, sponsorship and other forms of commercial promotion employed in any broadcasting service or sound broadcasting service being advertising and other activities directed to children; (d) news, public affairs, analysis and commentaries; (e) children's programmes, coverage and welfare; (f) election periods and political parties;

Where the Commission rejects a Programme Code submitted under subregulation (1)- (a) the Commission shall notify the broadcaster of the remedial measures to be undertaken by the broadcaster in order to satisfy the requirements of the Commission; and

The Commission may, upon application in writing, grant an applicant authorisation to operate a subscription broadcasting service.

A licence granted under subregulation (1) may require the operator to- (a) distribute broadcasting services, whether through cable, satellite or telecommunication facilities within the borders of Uganda or from Uganda to other territories;

A person licensed to provide subscription broadcasting services or subscription management services shall provide each subscriber with the following information, in writing-

A person licensed to provide subscription broadcasting services or subscription management services not make any changes in the programming service or channel allocation without giving each subscriber notice of at least fourteen days prior to the change.

A person licensed to provide subscription broadcasting services or subscription management services shall provide a mechanism that parents or guardians may use to control access to broadcast content that they may consider inappropriate.

The International Telecommunications Union (ITU) Radio Regulations shall, with necessary modifications, apply to this Part with regard to the management of radio frequency spectrum.

The nomenclature of frequency and wavelength shall be in accordance with the ITU Regulations referred to in subregulation (1) in which radio spectrum is subdivided into the designated frequency bands reproduced in Schedule 3 to these Regulations.

The unit of frequency shall be the Hertz (Hz) and frequencies shall be expressed in-

The Commission shall prepare and issue a Uganda Table of Frequency Allocation, allocating the radio spectrum to specific uses.

The assignment of frequencies and bands of frequencies to all stations and classes of stations, the licensing and authorisation of the use of frequencies between 8.3 kHz and 300 GHz, and the actual use of those frequencies for radio communication or for any other purpose, including the transfer of energy by radio, shall be in accordance with the Uganda Table of Frequency Allocations.

The Commission shall, in preparing the Uganda Table of Frequency Allocation, prescribe area designations and bandwidth assignment that promote-

The Uganda Table of Frequency Allocation shall, to the extent practicable, conform to the International Table of Frequency Allocations and any assignment of frequency shall be on condition that- (a) no harmful interference is caused to services operating in accordance with the Uganda Table of Frequency Allocations; (b) the frequency assigned to a station of a given service is separated from the limits of the band allocated to that service in such a way that, taking account of the frequency band assigned to a station, no harmful interference is caused to services to which frequency bands immediately adjoining are allocated;

The assignment of frequency shall, in addition to the Uganda Table of Frequency Allocation, be in accordance with a spectrum plan or frequency band plan prepared by the Commission providing for-

The Commission shall review its spectrum plan in order to cater for new developments, standards and policy changes, including a re-planning or rearranging of existing band plans.

The Commission may, upon application by an eligible person for a telecommunications or broadcasting licence, reserve spectrum in any of the following categories-

A reservation of spectrum shall contain- (a) the services for which the band is required; (b) the technology proposed to be deployed; (c) the channel spacing requirements, including bandwidth and duplex separation (TDD, FDD); and (d) any other requirements as the Commission may determine.

The spectrum reservation shall be valid for a period not exceeding 120 days from the date of payment of the licence application fees.

A reservation under these Regulations shall not confer any rights in the spectrum resources on the applicant in the event of the rejection of the application for a licence.

An operator already utilising assigned spectrum may apply to the Commission for reservation of additional spectrum in any of the categories specified in regulation 31 provided- (a) existing assigned spectrum is being used optimally; and (b) there is a business or engineering need for the additional spectrum.

An application for reservation of additional spectrum shall be in Form C set out in Schedule 2 to these Regulations and shall be accompanied by the prescribed application fee.

The Commission may, upon determining the availability of spectrum, reserve the additional spectrum and assign it to the applicant upon payment of the prescribed fees.

A reservation of additional spectrum made under subregulation (3) shall be valid for sixty days after which the reservation shall lapse and any reservation fees paid shall not be refunded.

The assignment of spectrum for commercial uses shall be at the discretion of the Commission in accordance with the policy in force at the time an application is lodged.

The Commission shall, concurrent with the grant of a telecommunications or broadcasting licence, where applicable, assign the reserved spectrum to a successful applicant for a telecommunications or broadcasting licence.

The Commission may, in assigning spectrum, direct an applicant to share the assigned spectrum with another operator.

The Commission may develop and publish guidelines at regular intervals detailing-

The Commission may refarm spectrum and displace services to other frequency spectrum bands to ensure optimal utilisation of spectrum and to mitigate against interference and in line with policy and regulatory changes.

The Commission may issue new licences as a result of spectrum refarming and displacement of services.

A new licence issued by the Commission under subregulation (2) shall require the licensee to pay for the cost of displacement.

The Commission shall not be liable or responsible for the compensation of persons affected by subregulation (1).

Where the Commission issues a new licence after refarming under subregulation (1), the new licence shall include conditions for the licensee to implement a migration plan.

A radio communications licence shall authorise a licensee to operate the specified radio-communications devices on the assigned radio spectrum or a specified part of the spectrum for the operation of the specified radio-communications devices.

Radio communication licences issued by the Commission shall be based on the classification of radio communications services according to usage as follows-

Radio-communication services for non-commercial spectrum uses shall use such frequencies as may be assigned by the Commission.

An application for a radio communications licence shall be in Form C set out in Schedule 2 to these Regulations and shall be accompanied by the prescribed fee.

An application under subregulation (2) shall specify- (a) the character, financial, technical and other qualifications of the applicant to operate the station; (b) the ownership and location of the proposed station and of the stations, if any, with which the proposed station intends to communicate; (c) the frequencies and the power desired to be used; (d) the hours of the day or other periods of time during which it is proposed to operate the station; (e) the purposes for which the station is to be used; and (f) any other information that the Commission may require.

The Commission may, at any time after the filing of an application under subregulation (3), require from the applicant further particulars to enable the Commission to determine whether the application should be granted or denied.

A radio communications licence shall be granted to an applicant who- (a) obtains equipment authorisation for the equipment installed and commissioned under the Uganda Communications (Equipment Type Approval) Regulations, 2019; and (b) is issued with a construction or installation permit and completes the construction, installation and commissioning of the radio station as authorised.

The Commission may, upon examination of the application and upon being satisfied that the applicant meets all the requirements, grant the licence.

A licence granted under this regulation shall be valid for five years and may be renewed if the Commission determines that the public interest, convenience and necessity would be served by the renewal.

A licence issued under this regulation shall contain, a statement containing the following conditions-

The Commission shall issue radio communication licences, distribute frequencies, hours of operation, and power among the regions and districts of Uganda in such a manner as to provide a fair, efficient, and equitable distribution of radio communications services throughout Uganda.

A radio communications licence shall specify- (a) the maximum permitted level of radio emission in parts of the spectrum outside a specified part that may be caused by operating radio-communications devices under the licence; (b) the area within which the operation of radio- communications devices is authorised under the licence; (c) the maximum permitted levels of radio emission outside an area that may be caused by the operation of radio- communications devices under the licence; (d) the period during which the operation of radio- communications devices is authorised under the licence; and (e) the requirement for the licensee to pay spectrum access charges.

A radio communications licence shall authorise the operation of a radio frequency device only within the part of the spectrum that constitutes the capacity reserved for the device in the Uganda Table of Frequency Allocation.

In addition to the requirements of subregulation (1), a licensee shall not operate or permit the operation of a transmitter for a purpose that is inconsistent with the purpose specified in the appropriate frequency band plan within the Uganda Table of Frequency Allocation except- (a) in accordance with conditions specified in a licence, relating to-

Where a Government and a private or commercial radio station on land operate in close proximity and interference with the work of the Government station cannot be avoided when they operate simultaneously, the private or commercial station that interferes with the transmission or reception of radio communications or signal of the Government station shall not use its transmitters during the time when the Government station is operational.

The protection in subregulation (1) applies only to authorised Government radio stations where the interference is discovered after the Government and private radio station commence operations.

A station operating experimental radio communications services may apply for a licence to be permitted to conduct the following types of operations-

An applicant who intends to operate experimental radio communications services shall apply to the Commission for a licence in Form D set out in Schedule 2 to these Regulations.

Authorisation of a station for experimental radio communications services shall only be issued to a person qualified to conduct experimentation utilising radio waves for a scientific or technical operation directly related to the use of radio or for communications in research projects when existing communications facilities are inadequate.

An applicant who is not eligible for a licence may be eligible for authorisation in an established service and where they seek to develop operational data or techniques directed toward the improvement or extension of that service, shall apply to the Commission and conduct any required projects under the developmental rules of the established service and conditions specified by the Commission.

An applicant for an experimental licence to operate a radio station or an authorisation under subregulation (4) shall submit with the application- (a) a narrative statement describing in detail the program of research and experimentation proposed; (b) the specific objectives sought to be accomplished; and (c) how the program of experimentation shall contribute to the development, extension, expansion, or utilisation of the radio art.

An application for station authorisation under subregulation (4) shall be specific and complete with regard to station location, proposed equipment, power, antenna height, operating frequency and any other information required by the Commission.

A licence for experimental radio services shall be valid for up to one year, but an applicant who desires to apply for a longer period shall provide justification for it.

The Commission may, as a condition of authorisation, request a licensee to submit to the Commission, periodic reports to enable the Commission to evaluate the progress of the experimental program. (9) An applicant may request the Commission to withhold from the public, certain reports and associated material submitted to it and the Commission may do so unless the public interest requires otherwise.

A person granted an authorisation under this regulation shall not, without the prior approval of the Commission, make any changes that are contrary to the technical conditions specified in the instrument of authorisation including the following antenna changes at a station at a fixed location- (a) any change that is likely to increase the height of a structure supporting the radiating portion of an antenna or to decrease the height of a lighted antenna structure; or

In case of permanent discontinuance of operation of the experimental radio service or of all transmitter units listed in the licence for the experimental radio service, a licensee shall, return the licence to the Commission.

A licence for experimental radio services shall contain the following express conditions-

Each frequency or band of frequencies available for assignment to a station in the experimental radio service may be assigned for the exclusive use of a sole applicant.

Each frequency available for assignment shall be restricted to one or more specified geographical areas.

The Commission may issue an authorisation to a school or to a student to present an experiment or technical demonstration for a school or an approved project that requires the use of radio for a specified period of time.

The program of experimentation stated by an applicant in the application for a licence and a station instrument of authorisation shall be adhered to except where the licensee is authorised to do otherwise by the Commission.

The station, and the record of a station in the experimental radio service shall be made available for inspection at any time during which the station is in operation or upon the reasonable request of an authorised representative of the Commission.

A single applicant shall not be assigned the use of more than one frequency in a band of frequencies, except where the applicant demonstrates that the assignment of additional frequencies is essential to the proposed program of experimentation.

The Commission may issue a temporary authorisation, for the operation of a station for a period not exceeding six months, where the need is shown for a stated purpose, in the public interest.

The Commission may grant an extension of a temporary authorisation if an application is filed at least fifteen days before the expiration of the licensee's temporary authorisation.

The operations of a licensee who has filed an application under subregulation (2) shall continue in accordance with the terms and conditions of the temporary authorisation, pending determination of the application under subregulation (2), except where the applicant is notified otherwise by the Commission.

An application for a temporary authorisation shall contain the following information- (a) the name and address of the applicant; (b) a description of the purpose of the temporary authorisation; (c) a description of the operation to be conducted and its purpose; (d) the time and dates of the proposed operation; (e) the class of station and call sign of the station, if applicable; (f) a description of the location and geographical co-ordinates of the proposed operation; (g) the equipment to be used; including the name of the manufacturer, model and number of units; (h) the frequency desired; (i) the maximum effective radiated power; (j) the emission designator or description of the emission; and (k) the overall height of antenna structure above the ground.

An applicant for a radio communications licence who has been assigned spectrum under regulation 33 may apply to the Commission for a construction permit authorising the construction of a radio station. (2) An application for a construction permit shall specify- (a) the character, financial reserve for liabilities, technical, and other ability of the applicant to construct and operate a station; (b) the ownership and location of the proposed station and of the station or stations with which it is proposed to communicate;

The Commission may- (a) approve the location and manner of installation of any radio equipment required in the construction of the radio station; (b) approve installations, apparatus, and necessary spare parts for the radio station; and (c) prescribe any additional equipment that may be necessary to supplement the equipment specified in this regulation for the proper functioning of the radio station, and the proper conduct of radio communications in times of emergency or distress.

The Commission shall- (a) prescribe the operating and technical conditions and characteristics including frequencies, emissions, power, communication capability and range of installations; (b) approve the location and manner of installation of the equipment required;

Where a radio installation requires a radio tower to support an antenna structure, the radio tower shall be painted and illuminated to prevent it from constituting a menace to air navigation and the painting and illumination shall be maintained.

A permit for construction shall specify the date on which the actual operation of the station is expected to begin and shall provide that the permit shall automatically be forfeited if the station is not ready for operation at the time specified or at such later time as the Commission may allow.

The Commission shall issue a radio communications service licence to the lawful holder of a permit for the operation of a radio station-

The Commission or an officer authorised by the Commission may inspect the radio station as may be necessary to ensure compliance with the requirements of this regulation.

The Commission shall type approve all frequency radiocommunications equipment, apparatus or devices forming part of, connected to, operated or used in a station or installation for the provision of radio-communications services in accordance with the Uganda Communications (Equipment Type Approval) Regulations, 2019.

Without limiting the generality of subregulation (1), every radio communications licence shall require the licensee- (a) to seek the type approval of radio equipment from the Commission before any installation, connection, operation or use of any radio-communications equipment at a station, installation or service provision; (b) to comply with any requirements that the Commission may consider appropriate; including the requirement to satisfy another person with respect to any matter; and (c) to pay a fee to the Commission in respect of the carrying out of any test or other assessment for the approval of the radio-communications equipment, as the Commission may determine.

Every station licence shall give priority to radiocommunications or signals relating to distress or emergency communications and shall cease communication on frequencies which are likely to interfere with the radio communications or signals of distress.

Every station shall, except when engaged in answering or aiding a ship or aircraft in distress, refrain from sending any radiocommunication or signal until there is assurance that no interference is likely to be caused with the radio-communication or signal relating to it and shall assist a station in distress, where possible, by complying with its instructions.

A station which becomes aware that another station is in distress may transmit a distress message-

A station which is notified to cease operation shall not resume operation on a frequency which may cause interference until it is notified by the station issuing the original notice that it does not interfere with the distress traffic routed or until the receipt of a general notice that the need for handling distress traffic no longer exists.

An operator of a broadcasting station or other communications services may, during a period of emergency in which normal communication facilities are disrupted as a result of floods, earthquake, fires or similar disaster, utilise the station for emergency communication services to communicate in a manner other than that specified by the Commission.

An operator shall, in a period of emergency-

A person shall not use, directly or indirectly, a device required to be licensed for radio-communications services, for the purpose of overhearing or recording the private conversation of other parties, unless the use is authorised by all the parties engaging in the conversation. (2) Subregulation (1) does not apply to the operations of any law enforcement or security agency conducted under lawful authority.

This Part applies to postal and courier services. (2) For the purposes of these Regulations- (a) a postal article shall be taken to be in the course of transmission by post from the time it is posted at any post office, post office letter box or delivered to a courier service operator, to the time it is delivered to the addressee; (b) the delivery of a postal article of any description to a letter carrier or other person authorised to receive an article of that description for the post; or to a person engaged in the business of a postal or courier operator, to be dealt with in the course of that business, shall be a delivery to a post office or courier operator; and

A person shall not convey, deliver or distribute postal articles without a licence issued by the Commission. (2) A person shall not require a licence to convey, deliver or distribute the following postal articles- (a) articles for delivery to another person or persons to whom they are directed, without hire, reward or other profit or advantage for receiving, carrying or delivering them; or (b) articles solely concerning goods or other property sent by land, water or air, and letters delivered with the goods or property to which the letters relate without hire, reward, profit or advantage for receiving them, and the articles are open to inspection and have subscribed on them the words "consignee's articles" or other words to that effect.

The Commission shall grant an exclusive national postal operator's licence to Uganda Posts Limited ("UPL") for the provision of the following exclusive postal services-

Uganda Post Limited shall have exclusive rights to license the use of franking machines.

Uganda Post Limited shall provide the services under subregulation (3) at uniform prices and conditions.

The Commission may issue licences for the provision of other postal services in addition to the exclusive postal services referred to under subregulation (3), subject to such conditions as the Commission may determine.

The Commission shall, in accordance with the Act, issue licences for the provision of other postal services in addition to the exclusive postal services, to any person who, upon application to the Commission, satisfies the terms and conditions for the issue of the licences.

A person issued with a postal service licence shall provide or operate the postal services in accordance with the Act, those Regulations and the terms and conditions of the licence.

An application for a postal service licence shall be in Form E set out in Schedule 2 to these Regulations.

An application for a postal service licence shall specify-

An application under this regulation shall be accompanied by the prescribed fee.

The Commission may, at any time after the filing of an application for a postal licence, or during the term of a licence, require from the applicant or licensee, further particulars to enable the Commission to determine whether the application should be granted or denied.

The Commission shall, after the applicant has fulfilled all the financial and legal obligations to the Commission inspect the applicant's premises to verify the accessibility of services to the public and any other matter identified for verification.

The technical assessment under subregulation (1) shall take not more than five working days from the date of inspection.

Where the Commission is satisfied that the applicant has met the requirements of accessibility of premises and any other matter identified for verification, the application shall be granted.

A licensee is liable for loss of or damage to a postal article in respect of which the operator accepts liability or which is due to any wrongful act, neglect or default of the licensee while performing or purporting to perform, in that capacity, the functions relating to the receipt, conveyance, delivery or other dealing with the postal article.

A licensee who contravenes the Act or these Regulations or any obligation arising from a licence shall, to the extent that the law or obligation protects another party, be obliged to compensate that party for any damage arising from the contravention.

A sender or an appointed agent, including an addressee, is entitled to compensation by a licensee, for any loss or damage suffered in respect of any article.

The amount recoverable in relation to the loss or damage a postal article of any description shall not exceed-

The mark of a licensee or of a foreign postal administration of any sum on any postal article shall, unless the contrary is shown, be the amount of the liability for the article to the service operator.

For the purposes of claiming damage or loss, it shall be presumed, unless the contrary is shown, that the loss of or damage to the article was due to conduct referred to in subregulation (1).

A postal operator shall not intentionally delay the dispatch of or open a postal article in the course of its transmission by post.

Subregulation (7) does not apply to the delay or the opening of a postal article-

A postal service operator shall, at all times, ensure, during the provision of postal services that- (a) a postal article is not opened during transmission; (b) a postal article is delivered to the proper addressee; and (c) the contents of the postal article are disclosed only to the addressee.

An operator who fails to comply with subregulation (9) shall make good any damage or loss that may arise from the operator's failure.

Postal traffic, and in particular, the contents of postal items, shall be subject to postal secrecy.

A licensee who provides postal services on a commercial basis or assists in the provision of those services, shall maintain postal secrecy.

A licensee shall not procure for himself or herself or for any other party, any information regarding the contents of postal items or the detailed circumstances of postal traffic beyond that which is required for the provision of the postal services except where it is necessary- (a) to verify that reduced rate postal items meet the relevant pricing conditions;

A licensee for postal services on a commercial basis or who assists in the provision of postal services on a commercial basis may collect, process and use the data of natural and legal persons where necessary to operate the commercial postal services to- (a) establish and frame the contents of and modify a contractual relationship; (b) establish traffic data for contractual purposes; (c) duly deliver postal items; and

A licensee shall respect all national and international regulations relating to prohibited items.

Notwithstanding regulation 55, a postal article may be opened for- (a) customs inspection and verification; and (b) security screening for hazardous material.

Where a postal article is opened under subregulation (2), a notice of the opening and purpose for the opening shall be clearly affixed on the opened postal article.

Customs or excise duty shall apply to goods contained in postal articles which are brought into or sent out of Uganda by post as they apply to other goods, imported, exported or brought into or taken out of Uganda.

A licensee engaged in the business of a postal operator may perform, for purposes of customs and excise duty, any of the duties of an importer, exporter or person removing the goods.

Duties chargeable on imported goods or other charges payable in respect of postal articles may be recovered by a postal operator concerned, as a civil debt due and owing.

In any proceedings for the recovery of any charges payable under subregulation (3), a certificate of the postal operator concerned of the amount of the charges shall be evidence of that fact.

A postal operator may in relation to relevant goods- (a) detain any postal article where the operator suspects that the article may contain relevant goods; (b) forward the detained article to the Commission; (c) subject to any requirements as to additional postage or charges, return the article to its sender or forward it to its destination; or (d) with the approval of the Commission, destroy or otherwise dispose of the article.

In this regulation "relevant goods" means any goods- (a) chargeable with any duty charged on imported goods which is not paid for or secured; or (b) in the course of importation, exportation or removal into or out of Uganda contrary to any prohibition or restriction under any law.

Where a postal operator detains a postal article under this regulation, the operator shall document the particulars of the article and shall notify the Commission and any other relevant government within twenty four hours. (4) A postal operator may return to sender, unclaimed postal articles or where this not practical, with the approval of the Commission- (a) destroy the postal articles; or (b) sell the postal articles by public auction and maintain a register of the postal articles destroyed or sold.

A postal operator shall maintain a register of postal articles detained or destroyed under subregulation (1).

A person shall not operate a cinematograph theatre, video hall or film library without a cinematograph licence granted by the Commission. (2) A person who contravenes subregulation (1) commits an offence and is liable, on conviction, to a fine not exceeding twenty four currency points or to imprisonment for a term not exceeding twelve months or both.

A person shall not exhibit a film or video in a cinematograph theatre or at any premises in respect of which a cinematograph theatre licence is required including- (a) the person responsible for or employed or in connection with the cinematograph exhibition; or (b) any other person who, knowing or having reasonable cause to suspect that such exhibition would be so provided at the premises-

A person who contravenes subregulation (1) commits an offence and is liable, on conviction, to a fine not exceeding twenty four currency points or to imprisonment for a term not exceeding twelve months or both.

An application for the grant of a cinematograph theatre licence shall be made to the Commission in Form F set out in Schedule 2 to these Regulations and shall be accompanied by such information, documents, application fees and other materials as the Commission may, from time to time prescribe.

An application submitted under subregulation (1) shall be advertised at the offices of the Chief Administrative Officer in the district where the applicant intends to establish a cinematograph theatre and the offices of the Commission for a period of at least 30 days.

The Commission shall inspect the proposed premises and shall grant a cinematograph licence on being satisfied that- (a) an application for a licence has been made in the prescribed manner and contains all the information required by regulation 61(1);

The Commission may, subject to the Act and these Regulations- (a) refuse to grant a licence; (b) impose conditions on a licence as the Commission considers appropriate; or (c) at any time, transfer, suspend, revoke, modify or vary the terms and conditions of a licence.

A cinematograph theatre licence shall be in such form as the Commission may determine.

The Commission may, where it deems it necessary, hire suitably qualified experts to advise it on the issuance of cinematograph theatre licences.

The fee payable to an expert hired under subregulation (1) for the advice and inspection shall be payable by the applicant, whether the licence is granted or not.

The categories of cinematograph theatres are-

The Commission shall determine the cinematograph theatre infrastructure suitable for the cinematograph theatre categories specified in subregulation (1).

Cinematograph apparatus shall be placed in an enclosure of substantial construction made of or lined internally with fire-resisting material and of sufficient dimensions to allow the operator to work freely.

The following provisions apply to all enclosures referred to in subregulation (1)-

In the case of buildings used regularly for cinematograph or other similar exhibitions, the enclosure shall be placed outside the auditorium.

In the case of permanent buildings used regularly as provided under subregulation (3), the enclosure shall also be permanent.

Where the Commission is of the opinion that compliance under subregulations (3) or (4) is impracticable or in the circumstances unnecessary for securing safety and has stated that opinion by express words in the licence, the requirement or requirements specified in subregulations (3) and (4) shall not apply.

Lanterns shall be placed on firm supports constructed of fire resisting material and shall be provided with a metal shutter which can be readily inserted between the source of light and the film gate.

The film gate shall be of massive construction and shall be provided with ample heat-radiating surface.

The passage for the film shall be sufficiently narrow to prevent flames travelling upwards or downwards from the light opening.

Cinematograph projectors shall be fitted with two metal film boxes of substantial construction, and not more than fourteen inches in diameter, inside measurement, and the films shall be made to travel to and from the boxes.

The film shall be made to close in such a manner and shall be fitted with a film slot so constructed as to prevent the passage of flames to the interior of the box.

Within the enclosure, the insulating material of all electric cables, including "leads'' to lamps, shall be covered with fire-resisting material.

There shall be no unnecessary slack electric cable within the enclosure. (3) The "leads'' to the cinematograph lamp shall, unless conveyed within a metal pipe or other suitable casing, be kept well apart both within and without the enclosure and shall run so that the course of each may be readily traced.

Cables for cinematograph lamps shall be taken as separate circuits from the source of supply and from the supply side of the main fuses in the general lighting circuit, and there shall be efficient switches and fuses inserted at the point where the supply is taken.

An efficient double-pole or triple-pole switch shall be fitted in the cinematograph lamp circuit inside the enclosure.

When the cinematograph lamp is working, the pressure of the current across the terminals of the double-pole or triple-pole switch inside the enclosure shall not exceed 415 volts.

Resistances shall be made entirely of fire-resisting material, and shall be so constructed and maintained that no coil or other part shall at any time become unduly heated. (8) All resistances, with the exception of a resistance for regulating purposes, shall be placed outside the enclosure and, if reasonably practicable, outside the auditorium and where inside the auditorium, they shall be adequately protected by a wire guard or other efficient means of preventing accidental contact.

The operator shall satisfy himself or herself, before the commencement of each exhibition that all cables, leads, connections, and resistances are in proper working order. (10) The resistances, if not under constant observation, shall be inspected at least once during each exhibition and where any fault is detected, current shall be immediately switched off and shall remain switched off until the fault has been remedied.

The Commission may endorse a cinematograph theatre licence authorising licensed producers to use the theatre for stage plays and public entertainments.

No fee shall be payable on an endorsement under subregulation (1).

A person shall not carry on the business of distributing films or video works or other content for commercial display to the public without a licence granted by the Commission.

An application to the Commission for a licence for the distribution of films or video works shall be in Form G set out in Schedule 2 to these Regulations and shall be accompanied by the prescribed fee.

Subject to the Act and these Regulations, a licence authorising a person to carry on the business of distributing films or video works shall be limited to the distribution of registered films or video works as the Commission may from time to time approve.

A person who contravenes this regulation commits an offence and is liable, on conviction, to a fine not exceeding twenty four currency points or to imprisonment not exceeding twelve months or both.

The Commission may require a person undertaking any of the following activities to obtain authorisation from the Commission- (a) the provision of any financial services delivered through a communications network platform by an institution licensed and regulated by the Bank of Uganda; (b) the provision of any financial services through a communications network platforms as prescribed by the Micro Finance Deposit-Taking Institutions Act, 2003; (c) public information services delivering content to the public; and (d) any other content platforms providing services regulated by other government agencies under an Act of Parliament. (3) For the purposes of subregulation (1), the Commission may issue guidelines to ensure general platform integrity, enforce quality of service parameters with regard to technical specifications, consumer protection, where applicable, and content regulation.

The Commission may, on application by an operator, a provider or subject to section 6 of the Act or on its own motion classify a service as a value added service for purposes of these Regulations. (2) The Commission shall, at least once a year, publish the list of services classified as value added services under subregulation (1) in the Gazette, in a newspaper of national circulation and in any other relevant national media.

Value added services include-

A person shall not offer to the public, services classified by the Commission as value added services without a licence issued by the Commission or an exemption, granted under regulation 83 (1) (d).

An application for a value added service licence shall be in Form H set out in Schedule 2 to these Regulations.

An application for a value added services licence shall state- (a) the full description of services proposed to be offered by the applicant; (b) the proposed interface between the financial institution, communications platform and the applicant's consumers, where applicable; (c) in cases where a platform is operated by an operator; the proposed interface between the applicant's platform and the applicant's consumers and details of any proposed interconnection or access agreements where the applicant's services will be offered on the platform of another operator;

The Commission may include in the licence, one or more of the conditions specified in Schedule 6 to the Act.

The following categories of persons or entities are not eligible for a licence under this Part-

The Commission may issue operating guidelines to operators and other authorised persons selling value added services.

Guidelines issued under subregulation (1) may provide for-

The Commission may prescribe reporting intervals for operators with respect to the guidelines issued under subregulation (1).

The Commission shall monitor communications apparatus used to deliver value added services and may install monitoring equipment at operator premises or other designated facilities in the execution of its oversight function as a regulator in accordance with the Uganda Communications (Intelligent Network Monitoring System) Regulations, 2019.

An operator shall grant the Commission and its representatives unrestricted access to all apparatus of the operator used to provide value added services at all reasonable times.

An operator shall provide the Commission with copies of any data acquired in relation to value added services.

An operator shall give the Commission reasonable assistance in carrying out the monitoring of value added services.

Where a consumer of value added services dies or is declared a missing person in accordance with the applicable law, the operator shall, upon request by the executor or administrator of the deceased's estate or such other person designated by court, issue a refund to the estate of any stored value kept in the wallet or stored value account of the deceased person.

A person who claims for a refund under subregulation (1) shall provide the operator with a copy of the court order relating to the estate of the deceased or missing person.

The operator shall declare to the Commission any funds that have not been claimed or in respect of which subscriber accounts have been inactive for a period of one year.

The unclaimed funds shall be kept by the operator in a designated account with a licensed financial institution.

The operator shall, annually, publish the names and telephone numbers of the account holders of unclaimed funds in a newspaper of national circulation.

Where the funds and any interest earned remain unclaimed for a period of one year, the funds shall revert to the Commission and the funds shall be credited to the Universal Service and Access Fund.

An operator or provider shall keep records relating to the value added services it provides.

The Commission shall, from time to time, issue to licensees, information keeping and disposal guidelines governing the collection and disposal of consumer data.

Every operator shall comply with the requirements prescribed in the guidelines issued by the Commission.