Section 1: In this Act, unless the context otherwise requires -

“access” means making available facilities or services of any licensee under defined conditions, on either an exclusive or non-exclusive basis, for the purpose of providing communications services, including access to- (a) network elements and associated facilities, which may involve the connection of equipment by fixed or non-fixed means, and includes access to the local loop and to facilities and services necessary to provide services over the local loop; (b) physical infrastructure, including buildings, cable engineering networks, ducts and masts and poles; (c) relevant software systems, including operational support systems; (d) number translation facilities, or to systems offering equivalent functionality; (e) fixed and mobile networks, in particular for roaming; (f) conditional access systems for digital television services; or (g) virtual network services. “allocation” means the allocation of a given scarce resource for the purpose of its use by one or more communications services under given conditions; “apparatus” means equipment, an instrument, or any other object for use in the provision or the reception of communications services, and includes a fitting to or accessory of the equipment, instrument or object; “Authority” means the National Communications Authority established under section 2; “Board” means the Board of the National Communications Authority established under Sub-Section 1 of section 4; “Board of means the Universal Access Trustee” Development Fund Board of Trustees; “broadcasting means any service that consists of service” broadcasting and which is conveyed through an electronic communications network, but does not include: (a) a service that provides only data or text, with or without associated still images; (b) a service in which the provision of audio-visual material or audio material is incidental to the provision of that service; or (c) a service or a class of service that the Authority may prescribe as not falling within this definition. “business purpose” means an objective that supports or advances the business goals and missions of the company. “Chairman” means the Chairman of the Board of the National Communications Authority “child pornography” means any material that visually depicts images of- 2 3 Interpretation. No. 16 The National Communications Authority Act 2022No. 16 The National Communications Authority Act 2022 5 “content provider” means any individual or legal entity broadcasting content accessible in Sierra Leone. “country code top means a top-level domain (ccTLD) name level domain” on the Internet that is reserved for a country or territory; “coverage area” means the area in which a communications service is intended to be received; “data” means the raw material of information that refers to, or represents, conditions, ideas or objects “data controller” means a person who, acting alone or in common with other persons, determines the purpose for which and the manner in which any personal data are, or are to be processed and thus, controls and is responsible for keeping and using personal data and collects, collates, processes or stores personal data; “data subject” means the person who is the subject of data collected by the data controller; “data subject’s means any freely given specific and informed indicaconsent” tion by which the data subject signifies his or her agreement to personal data relating to him or her being processed; “designated means individuals, households, groups, population” communities or institutions determined by the Authority from time to time to be the target beneficiaries of universal access and service; “digital” means any type of information that can be output, transmitted and interpreted as individual bits of binary information (the use of the numbers 0 and 1), using electrical or electromagnetic signals that can be modulated to convey specific content; “frequency spectrum means a service involving the transmission, emission service” or reception of radio waves for specific communications purposes; “Fund” means the universal access Development Fund established uner section 158 of this Act; “Fund Administrator” means the Fund Administrator appointed under section 162 sub-section 1; “gateway” any mechanism for providing a network access to another network; “Gazette” means the Sierra Leone Gazette; “Government” means the Government of Sierra Leone; “gross income” means the total income derived from all sources of a person before any deduction or allowance “individual licence” means the written authorization granted to a legal entity by the Authority and which grants that entity specific rights or imposes specific obligations in addition to the rights and obligations attached to class licences and which obliges the legal entity in question to obtain an explicit decision from the Authority before exercising rights deriving from such document and to communicate information about the service concerned; interconnection” the physical and virtual connection of separate telephone networks to allow users of those networks to communicate with each other. Interconnection ensures interoperability of services and increases end users’ choice of network operators and service providers; “interconnection means an agreement entered into, between licensees agreement” in relation to the interconnection of their services; No. 16 The National Communications Authority Act 2022No. 16 The National Communications Authority Act 2022 “digital certificate” means a record issued by the Authority for the purpose of supporting an electronic signature that: (a) purports to confirm the identity or other significant characteristics of the person who holds a particular key pair; (b) names or identifies the person to whom it is issued; (c) contains the public key of the person to whom it is issued; (d) is signed by a responsible officer of the Authority; “Director means the Director General appointed under General” Section 17; “security forces” includes the Armed Forces of the Republic of Sierra Leone, and the Police Force “dispute resolution means a structured dispute mechanism mechanism” that addresses disputes or grievances that arise between two or more parties engaged in business, legal or societal relationships; “ECOWAS” means the Economic Community of West African States; “electronic commerce” means any transaction that takes place online between buyer and seller. “electronic communications” means a service normally provided for remuneration which consists wholly or mainly in the conveyance of signs, signals, images, sounds, data or intelligence of any nature on electronic communications networks, including telecommunications services and transmission services in networks used for broadcasting; “electronic message” means any communications created, sent, received or stored by electronic means, such as (but not limited to) computerised data exchange system, electronic mail system, instant messaging; “electronic records” means records communicated and maintained by electronic means; “electronic signature” means data in electronic form affixed to or logically associated with other electronic data that may be used to identify the signatory in relation to the electronic message and to indicate the signatory’s approval of the information contained in the electronic message; “end user” means the individual or organization that originates or is the final recipient of information carried over a network (i.e. the consumer). “financial services” means any service of a financial nature, including all insurance and insurance-related services, and all banking and other financial services; “frequency” the rate at which electrical current alternates, usually measured in Hertz. It is also used to refer to a location on the radio-frequency spectrum, such as 800, 900 or 1800 MHz; “frequency allocation” means the reservation of one or more radio frequency bands for a particular use or for particular uses in a country ; “frequency assignment” means the reservation of one or more radio frequencies for use by a particular entity in accordance with the national frequency plan of a country; “frequency spectrum radio communications authorization of licence” a specified kind at a specified frequency, or in any specified frequency band or bands, and which may include spectrum assignments ; 6 7 No. 16 The National Communications Authority Act 2022No. 16 The National Communications Authority Act 2022 “intermediary service means any person or entity that proproviders” vides electronic communications services consisting of- (a) providing access to electronic communications networks, (b) storing or (c) transmitting information through electronic communications networks; “international means any facility through which gateway” electronic communications can be sent between the domestic networks of one country and another; “Leones (Le)” means leones in the old currency; “licence” means a written authorization granted by the Authority under this Act; “licence area” means the geographical area specified in a licence; “licensee means the holder of a licence issued under this Act; “local loop” means the system used to connect the subscriber to the nearest switch. It generally consists of a pair of copper wires, but may also employ fibre-optic or wireless technologies; “Member” means a member of the Authority; “Minister” means the Minister responsible for Communications; “Ministry” means the Ministry of Information and Communications; “multimedia” means the presentation of more than one medium, typically images, sound and text in an interactive environment “processing of personal means any operation or set of operations performed data” upon personal data, whether or not by automatic means, such as collection, recording, organisation, storage, adaptation or alteration, retrieval, consultation, use, disclosure by transmission, dissemination or otherwise making available, alignment or combination, as well as blocking, erasure or destruction; “public broadcasting means any broadcasting service provided by Sierra service” Leone Broadcasting Corporation or another Stateowned enterprise; “public communications means any signs, signals, texts, images sounds or by electronic ” messages of whatever nature that are not private correspondence, available to the public or to a certain category of public by electronic communications means; “roll out” means to manage and support the installation,commissioning, integration, and testing and acceptance of the network element component comprising a telecommunications network; “service provider” means person licensed under this Act; “spectrum” means the radio-frequency spectrum used as a transmission medium for cellular radio, radio paging, satellite communication, broadcasting and other services over the airwaves; “station” means a transmitter, receiver, a combination of transmitters and receivers, or any accessory thereto, which is used or intended to be used for radio communications; “subscriber” means any individual or entity who has entered into a contract with an authorised provider of a communications service in order to obtain any communications services; No. 16 The National Communications Authority Act 2022No. 16 The National Communications Authority Act 2022 “national frequency includes: plan” (a) a table of frequency allocations for all bands below 3,000 GHz, taking into account the ITU table of allotments, in as far as such allotments have been adopted and agreed upon by a State, which may include designations of certain utilisations; and (b) a plan for the migration of systems and equipment of existing users within specific frequency bands, as applicable, including frequency bands for security services to various frequency bands; “national numbering means the numbering plan prepared and managed by plan” the Authority for use in connection with the supply of information and communications services in Sierra Leone; “network providing access to, or making available, some or all unbundling” of the disaggregated elements or functions of a network for interconnecting carriers to use in serving their own customers; “new entrant” means an operator that has been in operation for less than 1 (one) year and with license not more than 2 years. “number” means a series of digits indicating an electronic communications originating or termination point, comprising the information necessary in order to route calls from an originating source to a termination point; “number portability” means the ability of a customer to transfer an account from one service provider to another without requiring a change in number; “online public means any transmission, upon ndividual request, of communications” digital data, signs, signals, texts, images, sounds or messages of whatever nature that are not private correspondence, by electronic communications means that enable a reciprocal exchange of information between the issuer and the receiver; “open standard” means any protocol for communications, interconnection or exchange, and any format of interoperable data whose technical specifications are public and to which access is not restricted; “operating principle” means the codes, instruments or documents prescribed by the Board of Trustees for the implementation of specific universal access and service programs and projects; “operator” means any juridical person operating an electronic communications network that is open to the public, or providing an electronic communications service to the public; “operator having means holding, either on its own or in conjunction significant with other legal entities, a position equivalent to a market power” dominant position, example a company that has a significant capacity to act in a manner independent of its competitors, its customers and ultimately consumers; “personal data” means any information relating to an identified individual or who may be directly or indirectly identifiable by reference to an identification number or one or several elements related to his physical, physiological, genetic, psychological, cultural, social, or economic identity; “predatory pricing” means a deliberate strategy of driving competitors out of the market by setting very low prices or selling below the operator’s long run incremental costs of delivering the service;. “private network” a network based on leased lines or other facilities, which are used to provide telecommunications services within an organization or within a closed user group as a complement or a substitute to the public network; 10 11 No. 16 The National Communications Authority Act 2022No. 16 The National Communications Authority Act 2022 “tariff” means schedule of rates and regulations governing the provision of ICT services; “telecommunications” means a transmission, emission or reception of signs, signals, writing, images, sounds or intelligence of any nature by wire, radio, optical or other electro-magnetic 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 any installation or group of installations that means network” provides for the transmission or routing of telecommunications signals, and for the exchange, control and management of information relating thereto, between the network’s originating and termination points; “telecommunications means a service, usually provided on fee- paying service” basis, that consists wholly or primarily of transmitting or routing signals over telecommunications networks, or a combination of those functions, including transmission services over networks used for broadcasting, but which excludes services consisting of providing content with the aid of telecommunications networks or services, or of exercising editorial responsibility with respect to such content; “television means a broadcasting service consisting of the broadcasting transmission of visual images or other visible signals, service” with or without accompanying sounds, where the visual images are such that their sequences are seen as moving pictures; PART II-ESTABLISHMENT OF THE NATIONAL COMMUNICATIONS AUTHORITY