Section 117, The National Communications Authority Act, 2022

(1) The tariff proposals submitted to the Authorityunder subsection (2) of section 116 shall become effective 30 days after submission to the Authority unless the Authority issues notice of modification to the operator. Tariff. Authority to Approve a Tariff. No. 16 The National Communications Authority Act 2022No. 16 The National Communications Authority Act 2022 (6) The Authority may- (a) impose appropriate conditions on the implementation of the terms and conditions of the roaming agreement; (b) inspect whether the requirements and offer meet the legal requirements; (c) oblige the parties to agree on an arrangement and enter into the roaming agreement. PART XXIII- EASEMENT 115. (1) A facility services licensee may for the purposes of enabling the provision of any communications service to the public shall subject to this Act and any other relevant law enter upon any public or private land to– (a) survey the land or any portion of it; (b) construct, erect, place, maintain, examine, alter or remove any line, pole or radio link installation; (2) The facility services licensee shall apply to the relevant Authorities with jurisdiction over the private and public land or property to request that the Authority order the proposed entry or undertake the proposed acquisition under the applicable land laws. (3) Payment for the use of land in the provinces shall cover all rates including property rates and other financial obligations imposed for the use of the land which shall be as follows- (a) 70% to the land owners; (b) 10% to the local council; (c) 20% to the Paramount Chiefs as custodians of the Land Access to private land. (g) allow prepaid subscribers to use roaming at reasonable tariffs; (h) ensure consumers are informed about roaming charges in a clear, detailed and transparent manner; and (i) draw the necessary conclusions from international best practice. 114. (1) In the event - (a) the roaming negotiation period exceeds two months and no agreement is concluded; or (b) a dispute arises between the parties either of the parties may request the Authority to address the dispute (2) The petitioner shall submit to the Authority all relevant documents concerning the negotiation, issues, and drafts of agreements. (3) Within twenty-one (21) days from the date of the petition, the other party shall provide its response and any additional information it deems necessary. (4) The Authority may request for additional information from any of the parties, who shall submit the information to the Authority within seven (7) days of receipt of the request. (5) Based on the information provided, the Authority shall arbitrate the issue within forty (40) days on receipt of all relevant information. roaming. No. 16 The National Communications Authority Act 2022No. 16 The National Communications Authority Act 2022 (2) The tariff proposals shall contain all relevant information concerning the costing for the rates or services, including deposits and other non-recurring charges, monthly charges and terms and conditions applicable to the provision of services including rights and remedies available to consumers in the event of unauthorised charges or other disputes or claims over billing or provision of services. (3) Notice of the submission shall be published by the Authority in the Gazette and its website inviting consumers to comment on the reasonableness or otherwise of the tariffs. (4) If, after thirty (30) days, the Authority has not issued a notice of modification to the operator, the Authority shall be deemed to have approved the proposals and shall publish them in the Gazette and its website as the tariffs chargeable by the operator. (5) Where the Authority and the operator fail to reach an agreement on the proposed tariff and any modification proposed by the Authority the operator may appeal to a tribunal of three (3) persons appointed by the Chief Justice. (6) The tribunal referred to under subsection (5) shall comprise. (a) a Judge of the High Court or any person qualified to be appointed as a Judge of the High Court who shall be the chairman of the tribunal; (b) an accountant; and (c) a telecommunications engineer (7) The tribunal shall make its decision within thirty (30) days of the lodgement of the appeal. (b) prescribing fees for the use of the radio frequency spectrum; (c) governing harmful interference with other frequency spectrum users; and (d) developing and managing the national frequency allocation plan. 124. (1) The Minister shall establish a committee to be known as the National Spectrum Committee. (2) The National Spectrum Committee shall comprise the following members- (a) the Director General of the Authority who shall be the Chairman; (b) a representative from the Board of the Authority; (c) a representative from the Ministry responsible for aviation ; (d) a representative from the Ministry responsible for defence; (e) a representative from the Independent Media Commission; and (f) a representative from the Ministry responsible for Information and Communications. (g) director responsible for engineering and infrastructure at the Authority, who shall be Secretary to the Committee. (3) The National Spectrum Committee shall be responsible for- Spectrum Committee. No. 16 The National Communications Authority Act 2022No. 16 The National Communications Authority Act 2022 (8) Any operator who fails to lodge an appeal within thirty (30) days after the date of the disagreement referred to under subsection (5) shall be deemed to have abandoned his tariff proposal and accepted modification proposed by the Authority and the Authority shall publish the modified tariff as the approved tariff. (9) All tariff proposals approved under this Act shall become effective from the date of the approval. (10) Every public telecommunications operator shall make the tariffs approved under this section available to the public.