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Section 11, The National Communications Authority Act, 2022

Status not yet checkedThe National Communications Authority Act, 2022, Sierra Leone

(1) The object for which the Authority is established isto regulate and monitor communications services. (2) Notwithstanding the generality of subsection (1) the Authority shall perform the following functions - (a) progressively foster the development of information and telecommunications technology; Immunity of Board Members. the Disclosure of Interest. No. 16 The National Communications Authority Act 2022No. 16 The National Communications Authority Act 2022 (e) has an interest in a licence issued under this Act ; (f) has either direct or indirect financial interest in a licensee 6. (1) The Chairman and members appointed under paragraphs (b), (c) and (d) of subsection (1) of section 4 shall hold office for a period of 4 years and shall be eligible for reappointment for not more than one term of 4 years only. (2) A person shall cease to be a member of the Board on any of the following grounds- (a) inability to perform the functions of office by reason of infirmity of mind or body; (b) proven misconduct; (c) convicted and sentenced for an offence involving fraud or dishonesty; (d) being bankrupt or insolvent; (e) failure to attend three consecutive meetings of the Board without reasonable excuse; (f) resignation from office by submitting a written notice to the President. (3) On the death, resignation or removal from office of the Chairman or any other member of the Board the President shall appoint another person to serve the remainder term of the Chairman or the other member. 7. The Chairman and other members of the Board shall be paid remuneration and allowances as are commensurate with those paid to members of statutory bodies as Parliament may determine. 8. (1) The Board shall meet for the dispatch of its business at least once every three months at a time and place determined by the Chairman; . (2) The Chairman shall preside at every meeting of the Board if present and in his absence the members present shall appoint a member from among themselves to preside at the meeting. (3) A majority of the members of the Board may by notice in writing signed by them request the Chairman to summon a special meeting of the Board for the purpose stated in the notice. (4) The Chairman or in his absence the member appointed to act on his behalf shall summon a special meeting within 5 days of receipt of the notice referred to under subsection (3) (5) The quorum at any meeting of the Board shall be 5. (6) Any question which fails to be determined by the Board at any of its meetings shall be decided by a majority of the votes of the members present and voting (7) The Chairman or other member presiding shall have a casting vote where there is an equality of votes. (8) Any proposal circulated among all members and agreed to in writing by a two-thirds majority of members shall be of the same force or effect as a decision made at a duly constituted meeting of the Board and shall be incorporated in the minutes of the next succeeding meetings of the Board provided that if a member requires that such proposal be placed before a meeting of the Board, this subsection shall not apply to such proposal. (9) The Board may co-opt any person to attend and participate in its deliberations on any matter but such person shall not be entitled to vote on any issue for decision by the Board. 18 19 Tenure of Board members Remuneration Expenses. Meetings of the Board . No. 16 The National Communications Authority Act 2022No. 16 The National Communications Authority Act 2022 (b) grant licences for the provision of ICT services and ensure compliance with the terms and conditions of the licences; (c) monitor and supervise the international communications gateways or appoint a thirdparty agent to monitor and manage all international communications gateways in Sierra Leone; (d) regulate and monitor the ICT sector in Sierra Leone; (e) establish the protection of data on computer files and their transmission and to safeguard the secrecy of electronic communications in collaboration with all operators and service providers; (f) coordinate the protection of essential ICT active and passive infrastructure facilities in Sierra Leone; (g) ensure fair competition amongst licensees, operators of communications networks and service providers of public communications; (h) investigate and resolve disputes- (i) relating to harmful interference with radio frequency; (ii) amongst operators and end-users relating to rates, billings , services provided and to facilitate relief where needed amongst the users and service providers or operators; (iii) with respect to facilities sharing, interconnection , co-location of passive and active infrastructure ; and (b) invest the funds of the Authority that are not immediately required for the performance of its functions and ensure the judicious use of the funds; (c) publish information that is relevant to its functions and activities in a manner that it considers appropriate; (d) promote and where necessary, fund the training of persons in the communications industry; (e) undertake research and development work related to its functions; (f) impose a fine on a person who unlawfully possesses, installs, connects or operates any communications equipment or apparatus, or unlawfully provides or performs any communications services; and (g) classify communications services and licenses. (2) The Authority may confiscate any apparatus which is possessed, installed, connected or operated unlawfully.

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