Directives on the Implementation of Tariffs for Electronic Communication Services

The Zambia Information and Communications Technology Authority (Authority) is mandated by the Information and Communication Technologies (ICT) Act No. 15 of 2009 and the Information and Communications Technologies (Tariffs) Regulations, SI No. 41 of 2018 to ensure that tariffs for electronic communication services are transparent, non-discriminatory and cost oriented. In furtherance of the above, the Authority is charged with the responsibility of safeguarding consumer interests by ensuring that ICT services are affordable while also ensuring that licensees in the ICT Sector make a reasonable return on their investments.

In discharging this mandate, the Authority recently conducted an assessment of existing tariff plans on the market as well as their implementation modalities. This assessment revealed a number of gaps related to compliance to the existing regulatory framework on the application and implementation of tariffs for electronic communication services.

Consequently, the Authority wishes to issue the following directives aimed at enhancing compliance with all tariff regulatory requirements on the setting and implementation of tariffs for electronic communication services:

Directives

2.1. Publication of Tariffs

Pursuant to Section 47 (9) and Section 50 (3) of the ICT Act, as well as Regulation 13 (1) of the ICT (Tariffs) Regulations, 2018, a licensee shall, upon approval by the Authority of the new tariff rate to be charged to customers, publish the tariff in at least two daily newspapers of general circulation in the Republic and on its website at least 7 days immediately following their introduction.

2.2. Information Requirements for Published Tariffs

Regulation 13 (2) of the ICT (Tariffs) Regulations, 2018 provides that a licensee shall ensure that published tariffs relating to electronic communication services, include information relating to:

a) A description of the service offered;
b) Details of any subscription or periodic recurring charges for the service;
c) Information about the standard rates and billing or consumption mechanisms for all services; and
d) Other related information including terms and conditions of the respective service such as discounts and tariffs schemes.

Licensee Actions

2.2.1. Disseminate adequate information about the terms and conditions of any new or revised tariffs approved by the Authority to all customers in line with 2.2 above.
2.2.2. Ensure that their websites and other media or communication platforms are regularly updated with the current approved tariffs for all electronic communication products and services along with their associated terms and conditions in accordance with Regulation 13(2) of the ICT (Tariffs) Regulations, 2018.
2.2.3. Ensure that agents and sales representatives at the various retail outlets have adequate information about the terms and conditions of approved tariffs in order to effectively advise members of the public.

3. General Directives on Tariffs

In accordance with Regulation 14 (2) of the ICT (Tariffs) Regulations, 2018, a licensee shall in respect of the electronic communication service and product, provide a tariff that:

3.1. Is fair and reasonable;
3.2. Does not unduly discriminate among persons in similar positions;
3.3. Does not encourage anti-competitive, predatory pricing or pricing below interconnection rate; and
3.4. Is clear, up to date and easily accessible by the general public.

Concluding Remarks

The Authority wishes to urge all licensed operators in the ICT sector to ensure strict compliance to these directives, in order to facilitate the efficient operations and growth of the ICT sector. Accordingly, the Authority will not hesitate to enforce the provisions of the ICT Act in order to mitigate any instances of non-compliance.

Issued By

Mulenga M. Chisanga (Mr.)
Acting Director General
11 June 2021

Contact Information

For more information, contact:

The Director General
Zambia Information and Communications Technology Authority

Head Office
Stand Number 4909,
Corner of United Nations & Independence Avenues,
Lusaka.

Tel: +260 211 244424/241236

Email: complaints@zicta.zm

Website: www.zicta.zm

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