Schedule
STATUTORY INSTRUMENT NO. 35 OF 2020
Published 6th November , 2020
The Telecommunications Act, 2006
(Act No. 9 of 2006)
THE TELECOMMUNICATIONS (SUBSCRIBERS
INENTIFICATIONAND REGISTRATIONS) REGULATIONS
2020.
In exercise of the powers conferred on the Commission by
section 82 of the Telecommunication Act, 2006, the Commission hereby
makes the following Regulations .
PART I- PRELIMINARY
1. In these Regulations, unless the context otherwise requires
-
"Act" means the National Telecommunication Act, 2006
(Act No.9 of 2006);
"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, as well asbuildings,
cable engineering networks, ducts and masts
and poles;
Interpretation.
Short title.
EXPLANATORY NOTE
This is not part of the regulations but it is intended to indicate their
general purport)
The objective of these Regulations shall be to-
(a) provide a clear framework for identifying
subscribers of electronic communications
services and a minimum framework for
verifying the identification details provided
by subscribers at the time of registration;
(b) establish minimum standards for maintaining
customer registration information for legal
and national security purposes.
MADE THIS DAY OF 2020
MRS MADIANA NYANDA SAMBA
ACTING CHAIRMAN/COMMISSIONER
NATIONAL TELECOMMUNICATION COMMISSION
PRINTED AND PUBLISHED BY THE GOVERNMENT PRINTING DEPARTMENT, SIERRA LEONE.
EXTRAORDINARY GAZETTE NO. 72 OF 6TH NOVEMBER, 2020.
(c) relevant software systems, including operational support systems;
(d) number translation facilities, or systems offering equivalent functionality;
(e) fixed and mobile networks, in particular for
roaming;
(f) conditional access systems for digital television services;
(g) access to virtual network services;
"activate" means to allow full access to a licensee's
network service, including the ability to make and
receive calls, to send and receive short message
services and other range of services usually provided
by mobile or fixed telecommunication service
providers and the words "activated", "activation",
"deactivate" and "deactivation" shall be read and
construed accordingly;
"activation window" means the period from the day a
subscriber acquires a new line on the network of a
licensee, within which a new subscriber is required
to register with the relevant licensee and during
which, the new subscriber will be granted access;
"biometric information" means finger prints and facial
image of a subscriber in accordance with the registration specifications provided by the Commission
for the registration of subscribers;
"central database" means subscriber information
database, containing the biometric and other
registration information of all subscribers;
"Commission" means the National Telecommunications Commission estalished under section 2 of
the Act;
"data " means the quantities, characters, or symbols
on which operations are performed by a computer,
which may be stored and transmitted in the form of
electrical signals and recorded on magnetic, optical,
or mechanical recording media;
"deactivate" means to disable the telecommunications
services provided by operators;
"existing subscriber" means a person who is a subscriber prior to the effective date of these Regulations;
"foreign operator" means a network service provider
licensed by a telecommunications regulator other
than the Commission, to provide telecommunication
services in a country other than Sierra Leone;
"guardian" in relation to a child includes any person
who is in control of the child and is recognized by
law as having legal capacity to make decisions on
behalf of that child;
"identification particulars" means details given by a
subscriber to a telecommunications operator or an
agent for the purpose of registration;
"licence" means a written authorisation granted by
the Commission under this Act;
"licensee" means a provider of mobile or fixed
telephone services that utilises subscription medium
in Sierra Leone,
2 3
"media access control address" means a unique
number assigned to a network interface controller
card by the manufacturer;
"mobile station international subscriber directory
numbers" mean a number used to identify a mobile
phone number internationally and the number
includes a country code and a national destination
code which identifies the subscriber's operator ;
"mobile telephone services" mean telephone services
that utilise a subscription medium;
"personal information" means the full names including
middle name, gender, date of birth, residential
address, nationality, state of origin, occupation and
such other personal information and contact details
of subscribers specified in the registration
specifications;
"operator" means any person operating an electronic
communications network that is open to the public
or providing an electronic communications service
to the public;
"proxy registration" means registration on behalf of a
subscriber by a person not being the subscriber;
"record" means recorded information, in any form,
including data in computer systems, created or
received and maintained by a public body in the
course of official duties and kept as evidence of such
activity;
"registration" means the process of recording
identification particulars of a person as a subscriber
by a telecommunications operator or an agent;
"short message service" means short message service
provided by telecommunications operators;
"subscriber" means a person who subscribes to mobile
or fixedtelecommunication services by purchasing a
subscription medium or entering into a subscription
contract with a licensee;
"subscriber information" means the biometrics and
other personal information of a subscriber recorded
and stored by licensees;
"subscription medium" means a subscriber identity
module smart card, a removable user identity module
smart card, a code division multiple access
subscriber identity module (CSIM) smart card, a
universal subscriber identity module (USIM) smart
card, electronic subscriber identity module or any
other mobile phone subscription medium marketed
from time to time by licensees, containing the
telephone number of a subscriber, encoded network
identification details, the personal identification
number and other user data normally provided by a
licensee for the provision of Network Services;
"subscriber registration" means the 6 months period
from the effective date or such other date as the
Commission may specify and any extensions thereto
that may be announced by the Commission, within
which existing subscribers are required to register
their subscription mediums pursuant to these
Regulations;
"telecommunications operator" means a person or
entity licensed under the Act to own and operate
telecommunications system or provide telecommunications services or both;
4 5
"UIS Card" means an electronic Universal Integrated
Service card;
2. These Regulations shall apply to the following-
(a) the process by which licensed fixed
communications operators register communications services;
(b) the process by which licensed mobile
communications operators register subscribers of mobile communications services
using electronic universal integrated service
cards utilised for delivery of voice, short
message service and internet data;
(c) operators and their agents involved in the
registration of subscribers for communications services;
(d) the process by which internet service
providers register subscribers for fixedwireless broadband internet;
(e) the process by which satellite service
providers register subscribers for satellite
communications services;
(f) maintaining customer records during active
service delivery;
(g) maintaining and disposing of customer
records after licensees stop delivering
services to customers or on cessation of
operations; and
(h) subscribers of foreign operators who are
roaming on the network of a licensee in Sierra
Leone.
PART II- IDENTIFICATIONAND REGISTRATION OF
SUBSCRIBERS
3. (1) A licensed communications service provider shall
Implement a system to obtain, record and store information about
his subscribers from the date of commencement of these regulations
.
(2) A person or legal entity intends to subscribe to a
communication services shall complete the application set out in the
First Schedule
(3) The applicant shall be required to indicate the
following personal information-
(a) in the case of a natural person who is citizen
or non-citizen
(i) full name;
(ii) date of birth;
(iii) permanent residential address;
(iv) nationality;
(v) gender;
(vi) passport sized photograph, clearly
depicting the facial image of the
customer and or biometric information
or a copy of a valid identification
document; and
(vii) identification verification documents
referred to under paragraph (a) of
regulation 4.
6 7
Scope of
application
Requirement
for subscriber
regulation.
(b) in the case of a legal person or corperate
entity, including private enterprises,
government agencies, international and
diplomatic missions:-
(i) the full name of the legal official person
or corperate entity;
(ii) date of registration or establish ment in
Sierra Leone;
(iii) registered address of the legal person
of corporateentity;
(iv) full name of a contact person acting on
behalf of the legal person or corperate
entity;
(v) p a s s p o r t s i z e d p h o t o g r a p h
clearlydepicting the facial image of the
contact person referred to under subparagraph (iv) and biometric information
or a copy of a valid identification
document; and
(vi) verification documents referred to under
paragraph (c) of regulation 4 ,.
4. The following verification documents shall be required in
support of registering a subscriber:-
(a) in the case of a natural person who is a
citizen of Sierra Leone:-
(i) an original and valid national
identity card;
(ii) an original and valid driver's
license;
(iii) an original and valid passport;
(iv) an original and valid social security card;
(v) an original and valid voter
registration card;
(vi) an original and valid birth
certificate in the case of a child;
(vii) a duly signed letter of reference
provided by a person of authority in their community;
(b) in the case of a natural person who is not a
citizen of Sierra Leone-
(i) an original and valid national identity
card issued by country of origin;
(ii) an original and valid passport or travel
certificate issued by the competent
authority from country of origin or
naturalisation; or
(iii) an original and valid driver's license; or
(iv) a valid visa, resident permit or work
permit issued by the competent Authority in the person resident;
(c) in the case of a legal person or corporate
entity-
(i) a copy of business registration
certificate
8 9
Verification
of subscriber
(ii) certificate of registration of Non-
Governmental Organisation;
(iii) certificate or letter of engagement by a
Government entity or a legal entity
registered in Sierra Leone
(iv) letter duly signed by an authority of the
Government
(v) certificate or letter of accreditation from
the ministry responsible for foreign
affairs
(vi) affidavit of authority, to be signed by
the Contact Person referred to under
paragraph (c) of Regulation 4.
5. (1) A licensee shall.
(a) register a natural person or corperate legal
entity as a subscriber by filling out the forms
set out in the Schedule;
(b) enter the registration informationprovided by
a natural person in an electronic or manual
form;
(c) require a natural person to appear before him;
(d) immediately update the information on the
subscriber information database
(e) keep the information obtain in a secure and
confidential manner.
6. (1) Upon the commencement of these Regulations a
service provider shall not activate new universal integrated service
card or subscription device on its network unless the subscriber
completes the registration process of subscription in accordance
with these regulations.
(2) The activation window of a new universal integrated
service card or subscription device shall not exceed 24 hours after
the completion of the registration process or any time limit as may be
determined by the Commission.
7. (1) A licensee shall register personal information for
existing subscribers within 6 months of the coming into force of
these Regulations.
(2) A licensee shall promote and support the registration
of existing subscribers and shall promptly, upon being notified by
the Commission, deactivate services provided to any subscriber
whose details have not been registered at the expiration of the 6
months granted by the Commission, after coming into force of these
Regulations.
(3) Where an existing subscriber's universal integrated
service card is missing or damaged or mobile device is stolen
containing a universal integrated service card, he shall notify the
service provider or sales agent within 24 hours of the incidence.
(4) The missing or stolen universal integrated service card
shall only be replaced for the said subscriber if the subscriber proves
ownership, otherwise that particular subscriber shall register afresh.
8. (1) A licensed providing international roaming services
to subscribers of a foreign licensee shall enter into a roaming
agreement with the foreign operation.
(2) The activation window of a universal integrated
service card shall be in accordance with the free roaming regulations
adopted by the Economic Community of West African States.
10 11
and activation
of new
subscribers.
of existing
subscribers.
Subscriber
process.
international
roaming
services
(3) The activation window for a roaming subscriber shall
be 48 hours.
9. (1) The minimum age of a subscriber shall be 14 years
(2) A licensee shall promote and support the registration
of children
(3) A parent or guardians accompanying a child to register
shall have in his possession the necessary verification documents
(4) The parent or guardian of a child shall be registered
as the principal subscriber until the child attains the age of 14
(5) Within days after a child attains the age of 14 the
parent or guardian shall register the child as the principal subscriber.
(6) Where the parent or guardians fails to comply with
sub-regulation (5) the service card shall be deactivated.
10. (1) Where there is a change to any of the information
submitted to a service provider a subscriber shall notify the service
provider of such change.
(2) The licensed operator shall within 3 days of receipt of
the notification update its subscribers register with the new
information provided by the subscriber.
11. (1) A service provider shall maintain a register of all
registered subscriber to be Know as the Subscriber register which
shall contain all relevant information of the subscriber and the
following information-
(a) all mobile station’s international subscriber
numbers activated on universalintegrated
service card in the name of subscriber in the
case of a mobile communication service;
(b) all media access control addresses of
customers, radio subscriber, modules
orprimary service routers in the name of the
customer in the case of fixed wireless
internet.
(2) A service provider shall ensure that its authorised
agents registering subscribers submit all completed registration forms
with supporting documents within 14 working days from the date of
registration of the subscriber.
(3) The subscribers register shall be kept in an electronic
format.
(4) The service provider shall grant the Commission
access to all its registers.
12. (1) A service provider shall maintain a register of all
agents, sub-agents and distributors of subscribers identification
devices.
13. An agent who is authorised to appoint sub- agent and
distributors for the sale of subscribers devices shall carry out due
diligence on the sub-agents and distributors before appointing them
.
14. (1) Subject to sub-regulation (2) a natural person shall
Register not register more than (3) universal integrated service card .
(2) The limitation reffered to under sub-regulation (1)
number shall not include universal integrated service cards registered
for children under the names of their parent or guardian.
(3) A natural person shall not register more than two (2)
primary subscriber module per licensed operator for a single
locationfor accessing broadband communications services within
Sierra Leone.
12 13
of Children.
Register of
agents, subagents etc
Due diligence
on sub-agents
etc
Change of
Customer
Information.
Subscribers
register
of multiply
device
(4) Where a legal entity intends to register multiply
universal integrated service cards for use by its employees,
contractors or customers, the mobile station international subscriber
directory numbers for all the unversal integrated service cards
registered shall be maintained in its name.
(5) Multiple registrations of subscriber modules shall be
permitted for legal entities, provided the addresses and geographycal
positioning system coordinate of the locations are recorded and
maintained.
15. Where a natural person or legal entity wishes to transfer
one or more universal integrated service cards registered in his name
he shall apply to the relevant telecommunication operator informing
the operator of his wish to transfer the use of the universal integrated
service and to transfer the benefits, use and liability of the card to
another person or entity.
(2) When considering an application referred to
under sub-regulation (1), the telecommunications operator shall abide
by the requirements under Regulations 3, 4 and 5 as though the
transfer was a new application.
(3) Where the recipient of the universal integrated
service card is an existing subscriber, the mobile station international
subscriber directory numbers of that universal integrated service
card shall be registered and assigned accordingly.
16. (1) A subscriber whose universal integrated service
card is -
(a) lost may make a report to the police and notify
the service provider within 48 hours request
for a replacement;
(b) damaged shall notify the service and request
for a replacement;
(2) The service provider shall determine the terms and
conditions for replacement of universal integrated service cards.
17. There shall be no proxy registration except where the
subscriber provides evidence of being disabled, sick or for reasons
of national security.
18. (1) A licensee shall, from the date of commencement of
these Regulations, inform a customer of -
(a) his obligations under these
Regulations;
(b) the manner in which the obligations have to be complied with;
(c) the consequences of non-compliance with these obligations.
(2) Where a subscriber is registering several universal
integratedservice cards or activating a larg number of internet
connections, the operator shall provide additional information on
subscriber obligations for allocation of communication devices to
third parties.
PART III- ESTABLISHMENT OF CENTRAL SUBSCRIBER
INFORMATION DATABASE
19. (1) The Commission shall establish and maintain a central
electronic database of communications service subscribers, known
as the central subscriber , information database ,in which all subscriber
information shall be stored.
(2) The central subscribers information database shall
be housed either within the Commission or in another location as
may be determined by the commission and shall provide a platform
for processing and storage of subscribers information.
14 15
Tranfer or
change of
ownership of
intergrated
service cards.
Loss or
damaged
integrated
service cards
Obligation of
licensees
Prohibition of
proxy Registration
Establishment
of a central
database.
(3) The database shall enable the commission to-
(a) monitor service provider’s compliance with these regulations;
(b) assist with the operation of
emergency services;
(c) assist law enforcement agencies
to safe-guide national security;
(d) assist with the provision of
mobile-based emergency
warning systems; and
(4) A service provider shall, on a monthly basis or at
such regular interval as the Commision may specify, transmit to the
Commission all subscribers information captured in their subscribers
registers within the preceding month or such period as stipulated by
the Commission in accordance with these Regulations.
(5) The Commission shall issue guidelines on details of
the subscribers information to be submitted.
(6) The Commission shall appoint data controllers either
from among its staff or through a service contract with a third party
to operate, maintain and ensure authorised use of the data.
(7) The Commission shall set up mechanisms to enable
data controllers to conduct periodical compliance audits to verify the
accuracy of data submitted by service providers.
(8) Data held by the Commission shall be rectified and
upgraded from time to time in case of errors and changes in the
subscribers information.
20. A licensed operator shall capture, record and transmit to
the central subscribers information database the particulars of all its
sales
21. (1) A licensed service provider shall take reasonable steps
to ensure the security and confidentialityof subscriber’’ registration
information.
(2) A licensed service provider and the Commission shall
take reasonable steps to-
(a) prevent corruption, loss or unauthorised disclosure of subscriber’s information; and
(b) restrict unauthorised use of subscriber’s information by
employees
(3) subscribers information contained in the central
subscriber information database shall be held on a strictly confidential
basis and no persons or entities shall be allowed expect authorised
personnel.
(4) Access to subscribers information stored on the
service provider’s registers and the central subscriber information
database shall be prohibited except on the following grounds-
(a) assist law enforcement agencies
or safeguiding national security;
(b) undertaking approved educational, financial, economic, social
and research purposes; and
(c) assisting the Commission to
verify the accuracy and completeness of information held by
licenced operators.
16 17
Data
protection
confidentiality
Persons
authorised
to register
subscribers
22. (1) The release of personal information to law
enforcement agencies shall be in accordance with the Act and
Regulations made under the Act.
(2) A licensed operator shall not release personal
information of a subscriber to a third party without prior written
consent of the subscriber or directives from the Commission.
(3) Subscribers registration information shall not be
transferred outside Sierra Leone without prior approval by the
Commission.
(4) Any request for approval to transfer or utilise
customer registration information outside the country shall include
justification of the purpose for which such data are required to be
transferred.
(5) where a subscriber’s information is deliberately
or otherwise disclosed in violation of these regulations the service
providers shall immediately notify the commission of the breach.
(6) As soon as the Commission receives the
notification referred to under sub-regulation () it shall take reasonable
steps to minimise the effect breach.
(7) The person who is aggrived as a result of any
unlawful use of his personal data has the right too seek legal redress
in a court of law
23. A licensed operator shall retain and use its subscriber’s
information on its network in accordance with the Act and regulations
made under the Act.
24. (1) Where a law enforcement agency requires certain
confidential information from the subscriber’s information database
or subscriber’s register the agency through a senior officer shall
submit a written request for such information to the Commission.
(2) The written request to the Commission shall indicate
the rank of the officer requesting the information and the purpose for
which the information is required.
25. (1) A person who wishes to use subscribers information
for approved research purposes shall apply to the commission
indicating the reason for which he seeks the information.
(2) Where specific information provided for research
purposes is of a confidential or protected nature a research approval
shall be subject to a condition -.
(a) requiring the researcher to make a contractual
and enforceable arrangement to ensure that
any contractor to whom the holder discloses
protected information neither uses it for other
purposes nor discloses the information;
(b) prohibiting the researcher from selling or
providing customer data to a person for any
purpose unless authorised by the Com
mission.
26. (1) universal integrated service card registration
status of subscribers shall be made available to providers of mobilebased technology services in finance.
(2) The Commission shall by statutory instrument
make regulations on how providers of information and communications technology services can verify the customer details registered
for mobile information and communications technology services.
27. (1) Where a licensed operator with an active
subscribers register ceases to operate or the licensed of the operator
is revoked the operator shall securely destroy confidential or
protected information within 10 working days of the authorisation
ceased or being revoked
18 19
Licensee's
right to use
information.
Release of
personal
of a subscriber.
Providing
subscribers
for law
enforcement.
Research.
Providing
data for
communication
technology
inclusion.
Secure
Disposal
(2) Where a person or entity is granted the right to
use data from the subscriber’s database completes the use of the
data the person or entity shall within working days from the completion
of his work securely destroy confidential or protected information
that is no longer required
(3) The Commission shall supervise the destruction
and disposal of the data in a secure and satisfactory manner.
PART IV- ENFORCEMENTAND PENALTIES
28. (1) An authorised officer or a customer shall ensure
that any information entered into the registration form is true and
accurate.
(2) An authorised officer or a customer who provides
information with regard to details required under sub-regulation (1)
knowing that the information is false or having reasonable grounds
for believing that the information is false commits an offence
(3) Where an employee or agent of a licensed operator
knows that an identification document submitted for registration for
communications service as required these regulation is false, he
shall within 24 hours, report the matter to the nearest police station.
29. (1) A telecommunications operator shall suspend tele
communications services of an unregistered subscriber, if the
unregistered subscriber fails to comply with these Regulations within
the required period.
(2) A telecommunications operator shall notify all its
unregistered subscribers of its intention to suspend the
telecommunication services if they do not comply with these
Regulations within the required period.
(3) A notice under sub-regulation (2) shall in the first
instance, be in the form of a personal notification from the
telecommunications operator to the subscriber and subsequent
further notices may be in the form of-
(a) an advertisement in a newspaper;
(b) an advertisement in an electronic
medium or media that broadcasts; or
(c) any other form as may be permitted in
writing by the Commission.
(4) A telecommunications operator shall reactivate a
suspended universal integrated service card where a subscriber
complies with these Regulations.
30. (1) A telecommunications operator shall deactivate a
subscriber's universal integrated service card where -
(a) for the purpose of reporting to the
Commissiona subscriber is deemed to
be inactive for a period of 90 days;
(b) the subscriber is deemed to be inactive
in the use of the providers services for
a period to be determined by the Provider and approved by the Commission;
(c) the telecommunications operator or
the Commission establishes that the
subscriber provided false information for
registration purposes.
(2) Notwithstanding paragraph (c) of sub-regulation (1),
a person who establishes that a subscriber of communications
services has provided false information shall make a report to the
Commission and request the Commission to take action to deactivate
the universal integrated service card.
(3) The Commission shall notify the telecommunications
operator of the report, with relevant evidence to enable the operator
to decide on the veracity of the report prior to deactivating the
subscriber's universal integrated service card.
20 21
Providing of
false
information.
Deactivation
of subscriber's
integrated
Service card
Suspension of
integrated
service based
telecommunications
services.
(4) Where a complaint has been made to the Commission,
a telecommunications operator shall give the subscriber against whom
a report has been made, an opportunity to be heard and to respond to
the report before deactivating the universal integrated service card.
(5) An internet service provider shall deactivate a
subscriber service module or router where-
(a) the subscriber is deemed to be inactive
for a period of 90 days;
(b) internet services to the subscriber has
been suspended for any reason for a
period of 90 days;
(c) upon request by a subscriber; or
(d) the telecommunications operator or the
Commission establishes that the subscriber provided false information for
registration purposes.
(6) A person who establishes that a subscriber of
communications services has provided false information for
registration of an internet service module shall make a report to the
Commission and request the Commission to take action to deactivate
the universal integrated service card.
(7) The Commission shall notify the service provider of
the report, with relevant evidence to enable the service provider to
decide on the veracity of the report prior to deactivating the
subscriber's internet service.
(8) Where a complaint is made to the Commission, an
internet service provider shall give the subscriber against whom a
report is made, an opportunity to be heard and to respond to the
report before deactivating the internet service.
22 23
31. (1) A licensee intending to assign to another subscriber,
a mobile station international subscriber directory numbers or internet
subscriber module which was previously owned by another person,
shall register that phone number or subscriber module to the new
subscriber and remove the information from the original customer's
profile.
(2) The licensed operator shall adopt a policy, subject to
the approval by the Commission, to deactivate inactive mobile station
international subscriber directory numbers and reassign the numbers
to new subscribers.
(3) The policy shall clearly state the applicable period of
inactivity that would warrant automatic deactivation.
32. (1) A subscriber intending to utilise one or more mobile
universal integrated service cards, fixed telephone lines or internet
connections that has been registered in its name, for allocation to a
person in his employment, a child, or for rental or lease to persons
utilising services delivered by that subscriber as part of its normal
service offering, shall, before handing over a universal integrated
service card or providing access to any telecommunication service,
record the particulars as required under paragraph (a) or (b) of
Regulation 3 and the date on which the utilisation commenced and
the period for which the communications service shall be utilised by
such person or entity.
(2) The information registered under subsection (1) shall
be stored for a minimum period of 3 years.
33. (1) A licensed telecommunications operator shall grant
the Commission personnel access to its subscriber records and data
for the purposes of ensuring compliance with the Act and
regulations made under the Act
(2) A licensee who contravenes this regulations commits
an offence and is liable to a fine not exceeding of le 100,000.00
Re-Assignment of
previously
registered
identification
numbers.
Maintaining
records for
allocating,
rental or
lease of
communications
use by parties.
Access to
records and
data
24 25
34. (1) A person or customer who provides information
regarding a natural person or corporate subscriber under these
Regulations, knowing that such information is false or not having
reasonable grounds for believing that such information is true is
guilty of an offence and is liable to a fine of not exceeding Le 100,000.00
or to a term of imprisonment of not exceeding 1 month or both such
fine and imprisonment.
(2) After the commencement these Regulations, a
licensee who activates services for a new subscriber in contravention
of Regulations 7, 8 and 9, or who fails to deactivate the services of an
existing subscriber at the end of the 6 months granted herein, commits
an offence and is liable to a fine of not exceeding Le 100,000.00 per
mobile universal integrated service subscriber card and Le 500,000.00
per customer for wireless broadband services.
(3) A licensed operator or sales agent who fails to capture,
register, deregister, record or transmit the information of a natural
person or corporate subscriber to the central subscriber information
database under these Regulations, commits an offence and is liable
to a fine of not exceeding Le 100,000.00 per universal integrated service
card.
(4) A licensee or sales agent who breaches any
confidentiality provisions under these regulations commits an offence
and is liable to a fine not exceeding Le 5,000,000.00 per subscriber or
to a term of imprisonment not exceeding 6 months or to both fine and
imprisonment.
(5) A licensed telecommunications operator who fails to
grant the Commission access to its subscriber records and data or
documents, prior to a request, is subjected to a fine of Le 200,000.00
per day within the period of denial.
(6) Any licensed telecommunications operator who
provides incorrect or misleading information or data or records to the
Commission, commits an offence, and is liable to a fine of Le
20,000,000.00 for any submission.
PART V- MISCELLANEOUS PROVISIONS
35. A licensed telecommunications operator shall ensure that
all existing subscribers, who are registered prior to the coming into
force of these Regulations, fulfil the requirements of these Regulations
within 6 months of the commencement of these Regulations.
36. The Telecommunications Operators (Registration of
Subscribers of SIM and UIM Cards) Regulations, 2009 are hereby
revoked.
Penalties.
Transitional
provisions.
Revocation
Additional Requirements
Photo ID of Contact Person
Type of Identity Verification Submitted [Only one (1)
required]
· Business Registration Certificate
· Letter of Registration (NGOs)
· Letter of Accreditation (Diplomatic Missions)
· NASSIT/NRA Registration Certificate
· Letter of the MDA or Government Institute
· Council Registration Certificate
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