Tanzania: TMT Comparative Guide

1 Legal and enforcement framework

1.1 Which legislative and regulatory provisions govern the following in your jurisdiction: (a) Telecommunications; (b) Internet; (c) Media and (d) Social media?

(a) Telecommunications

• The Constitution of Tanzania;
• The Electronic and Postal Communications Act (EPOCA);
• • The Electronic and Postal Communications (Licensing) Regulations;
  • The Electronic and Postal Communications (Online Content) Regulations;
  • The Electronic and Postal Communications (Radio and Television Broadcasting Content) Regulations;
  • The Electronic and Postal Communications (Digital and Other Broadcasting Networks and Services) Regulations;
  • The Electronic and Postal Communications (Airtime Levy) Regulations;
  • The Electronic and Postal Communications (Electronic Communication Numbering and Addressing) Regulations;
  • The Electronic and Postal Communications (Domain Names Management) Regulations;
  • The Electronic and Postal Communications (Electronic Communication Equipment Standards and E-Waste Management) Regulations;
  • The Electronic and Postal Communications (Radio and Television) Regulations;
  • The Electronic and Postal Communications (Tele-Traffic) Regulations;
  • The Electronic and Postal Communications (Tariffs) Regulations;
  • The Electronic and Postal Communications (Accounting Separation) Regulations;
  • The Electronic and Postal Communications (Interconnection) Regulations;
  • The Electronic and Postal Communications (Radio Frequency Spectrum) Regulations;
  • The Electronic and Postal Communications (Value Added Services) Regulations;
  • The Electronic and Postal Communications (Competition) Regulations;
  • The Electronic and Postal Communications (Computer Emergency Response Team) Regulations;
  • The Electronic and Postal Communications (Consumer Protection) Regulations;
  • The Electronic and Postal Communications (Access, Co-location and Infrastructure Sharing) Regulations;
  • The Electronic and Postal Communication (Radio Communication and Frequency Spectrum) Regulations;
  • The Electronic and Postal Communications (Central Equipment Identification Registers) Regulations;
  • The Electronic and Postal Communications (Sim Card Registration) Regulations;
  • The Electronic and Postal Communications (Mobile Number Portability) Regulations; and
  • The Electronic and Postal Communications (Quality of Service) Regulations;
• The Tanzania Communications Regulatory Authority Act;
• The Universal Communications Service Access Act; and
• The Personal Data Protection Act.

(b) Internet

• The Constitution of Tanzania;
• The Electronic and Postal Communications Act;
• • The Electronic and Postal Communications (Online Content) Regulations;
• The Electronic Transaction Act; and
• The Cybercrimes Act.

(c) Media

• The Constitution of Tanzania;
• The Media Services Act;
• The Electronic and Postal Communications Act; and
• The Cybercrimes Act.

(d) Social media

• The Constitution of Tanzania;
• The Electronic and Postal Communications Act;
• The Tanzania Communications Regulatory Authority Act; and
• The Cybercrimes Act.

1.2 Which bodies are responsible for enforcing the applicable laws and regulations in the relevant sectors? What powers do they have?

The Tanzania Communications Regulatory Authority (TCRA) is given a mandate through the Ministry of Information, Communications and Information Technology, and is responsible for telecommunications and media regulation and supervision in Tanzania. In executing its mandate, the TCRA carries out the following duties:

• promoting effective competition and economic efficiency;
• protecting the interests of consumers;
• protecting the financial viability of efficient suppliers;
• promoting the availability of regulated services to all consumers, including low-income, rural and disadvantaged consumers;
• enhancing public knowledge, awareness and understanding of the regulated sectors; and
• taking into account the need to protect and preserve the environment.

The TCRA is responsible for the exercising the following powers in accordance with the TCRA Act:

• issuing, renewing and cancelling licences;
• establishing standards for regulated goods and regulated services;
• establishing standards for the terms and conditions of supply of the regulated goods and services;
• regulating rates and charges;
• making rules for carrying out the purposes and provisions of the TCRA Act and the sector legislation;
• monitoring the performance of the regulated sectors including in relation to:
• • levels of investment;
  • the availability, quality and standards of services;
  • the cost of services;
  • the efficiency of production and distribution of services; and
  • other matters relevant to the TCRA;
• facilitating the resolution of complaints and disputes;
• disseminating information about matters relevant to the functions of the TCRA; and
• consulting with other regulatory authorities or bodies or institutions discharging functions similar to those of the TCRA in Tanzania and elsewhere.

While there is no clearly defined regulator for the Internet in Tanzania, internet service providers (ISPs) and internet content are also regulated by the TCRA under the powers stipulated above. This is also the case for social media.

In addition to the TCRA, the director of the Information Services Department under the minister for information, culture, arts and sports plays a regulatory role in respect of licensing and overseeing all print media houses. The director of the Information Services Department is also responsible for:

• coordinating all government communication with local and independent government authorities;
• advising the government on matters related to strategic communications;
• developing and reviewing policies, regulations and guidelines; and
• licensing print media.

Meanwhile, the TCRA regulates electronic communications media, including broadcasters that channel their content through television and radio.

Although not a regulator per se, the Universal Communications Services Access Fund observes compliance by communications service providers (including telecommunications) in funding the accessibility and provision of communications services to under-served rural and urban areas in Tanzania.

1.3 What is the general approach of those bodies in regulating the relevant sectors?

The approach of the TCRA and the director of the Information Services Department in regulating the relevant sectors is to act as a facilitator.

1.4 What other industry codes of conduct or best practices are applicable in the relevant sectors?

Under Section 10 of the TCRA Act, the TCRA undertakes its activities in accordance with a code of conduct which, among other things, requires all members of the TCRA board and its employees to observe and maintain standards of propriety that involve:

• fairness, accountability, integrity, responsibility, objectivity and related values in relation to the performance of duties of the TCRA, such as not seeking personal gain or any material benefit from any entity which is regulated by the TCRA;
• avoiding making any decision that might be suspected of undue influence by, or the hope or expectation of, future employment with an entity whose business relates to the provision of goods and or services to the TCRA. In doing so, no board members or employees of the TCRA may seek consultancy, contracts, directorships or employment, or acquire a direct financial interest, in an entity regulated by the TCRA during their term of office;
• being accountable to the government, Parliament, providers and consumers of goods and or services regulated by the TCRA and general public, for their stewardship of resources including public funds, performance targets and operating with transparency and best regulatory practice; and
• not acquiring any pecuniary or other interest that conflicts or is likely to conflict with the performance of duties. Where there is a conflict of interest on a matter, there must be immediate disclosure and the party must refrain from taking part in the consideration or determination of the matter.

In terms of equipment connected to the network, the TCRA is guided by international technical standards prescribed by:

• organisations such as the International Telecommunications Union; and
• other sub-regional groupings such as:
• • the Communication Regulators' Association of Southern Africa; and
  • the East African Communications Organisation.

2 Ownership

2.1 Who is eligible to provide services in the following sectors in your jurisdiction? Are there any restrictions on foreign ownership? Do any domicile requirements apply? What other requirements or restrictions apply in this regard: (a) Telecommunications; (b) Internet; (c) Media and (d) Social media?

(a) Telecommunications

Under the Electronic and Postal Communications Act (EPOCA), all licensees must have a physical address within Tanzania and establish an entity in Tanzania to provide services.

Depending on the type of licence, other requirements will apply which are categorised under the EPOCA and the Electronic and Postal Communications (Licensing) Regulations of 2018 as amended. Some of the requirements or restrictions are as follows:

• Public shareholding requirements: Network facilities or network service licensees must have a minimum of 25% of their issued and paid-up share capital open for the public to hold throughout the life of the licence through a public offer in accordance with the Capital Markets and Securities Authority and subsequently list their shares on a stock exchange in Tanzania within two years of the date on which the licence is granted.
• Share transfer: A licensee shareholder must not transfer, alienate, subcontract or assign any interest in its shares under the licence without the approval of the Tanzania Communications Regulatory Authority (TCRA).

(b) Internet

The TCRA restricts the eligibility of internet service provider (ISP) licensing to those that are licensed by the TCRA and therefore are locally domiciled. ISPs that own and operate their internet infrastructure require an individual big category licence converging a network facilities licence and a services licence. In this case, the public shareholder requirements apply. However, where the ISP deals with a network procured from another licensee for end users or corporates, an application service licence will suffice.

(c) Media

The licensing requirements and restrictions that apply to media houses depend on the whether they produce print media or online media. In the case of print media, the media house must have a physical address in Tanzania; if the media house is owned by a local and locally incorporated company or a local sole proprietor, there are no local shareholding requirements. If the print media house is intended to be owned by a foreigner, a minimum of 51% must be held by local shareholders. If the shareholding structure changes, the entity must obtain prior approval from the director of the Information Services Department before implementing the same.

Online media services must adhere to the local shareholding requirements of content service licensees, meaning that a minimum of 51% authorised share capital must be held locally.

(d) Social media

Social media is not regulated directly and thus there are no restrictions on domicile or local shareholdings.

3 Authorisations/licences

3.1 What authorisations and/or licences are required to operate in the following sectors? Do any exemptions apply? Do these vary depending on the service to be provided: (a) Telecommunications; (b) Internet; (c) Media and Social media?

(a) Telecommunications

Licensing in the telecommunications sector depends on the service being provided. The main categories of licences include the following:

• Network facilities licence: This applies to parties that intend to install, maintain or own an element or combination of elements of a physical infrastructure used primarily for, or in connection with, the provision of telecommunications services.
• Network services licence: This gives authorisation to provide the service of carrying information in the form of speech or other sound, data, text or images, typically provided to the customer side of the network boundary of telecommunications services.
• Application services licence: This applies to parties that specifically resell or procure services from network service licensees. A key feature of such a licensees is that they do not own network infrastructure or operate the network.

Licences are further categorised based on the market segment which the licensee intends to service, as follows:

• international;
• national;
• regional; and
• district.

The Electronic and Postal Communications Act (EPOCA) does not expressly provide for any exemptions to licensees as these are typically subject to negotiations with the Tanzania Communications Regulatory Authority (TCRA) or the government of Tanzania. In this sense, exemptions are typically included as part of a special arrangement approved and reflected through an agreement entered into with the Cabinet of Tanzania.

(b) Internet

ISPs are licensed as application service licence holders where the network is procured or resold from a network service licensee. However, where the ISP will also own and operate internet network infrastructure such as optic fibre cabling or towers, the appropriate licensing regime will include a network facilities and services licence too.

Online content service licensing applies where a licensee intends to provide content through the Internet for broadcasting or through web blogs.

(c) Media

There are two main types of media licences:

• Print media licence: Private media houses must be licensed by the director of the Information Services Department to publish, sell, offer for sale, import, distribute or produce print media in any manner.
• Online media or online content licence: A content service licence issued by the TCRA is required to offer speech or other sound, text or images, whether still or moving, through an online platform. The TCRA allows for a construction permit exemption for a period of two years.

As media typically involves commercial broadcasting, there are no exemptions. At most the TCRA allows special content providers to pay reduced fees. Special content providers are those that operate television channels or radio station that provide specific formal educational content covering different subjects from nursery, tertiary or higher learning institutions.

(d) Social media

Social media content is not necessarily licensed by the TCRA; the TCRA simply ensures that content made available through social media adheres to the content requirements. The law distinguishes between online content user and hosts: the former are those that post on social media platforms; while the latter host content on social media and ensure that prohibited content is removed upon notification by the TCRA.

3.2 What are the key features of such authorisations/licences?

	Validity	Bond or deposit guarantee requirements	Additional obligations
Network facilities licence	10-25 years (depending on market segment and type of facility).	The TCRA may require an applicant for a licence to furnish a performance bank guarantee from a bank registered in Tanzania.	Requirement to display the licence on all respective business premises. Certain types of facilities are subject to a royalty fee.
Network services licence	25 years (international, national and regional market segments); 10 years (district market segment).		24 hours a day, seven days a week services are required, without discrimination, to provide essential application services (emergency service numbers, directory assistance, operator assistance, customer assistance). Network service interoperability with other network service systems is required. Certain types of services are subject to a royalty fee.
Application services licence	Three 10-year terms (depending on the category of licence and market segment).		Requirement to display a licence on all business premises.
Content services licence	Three years	None.	Requirement to display the licence on all business premises.
Print media licence	One year	The director of the Information Services Department may determine that a licensee requires a bond in the course of the application and direct that the bond should be created.

3.3 What are the procedural and documentary requirements to obtain such authorisations/licences?

Telecommunications licences (network facilities, network services and application services): An applicant for a telecommunications licence must create an account and register under the Tanzanite Portal (https://tanzanite.tcra.go.tz/index.htm), which is used to process licence applications to the TCRA. Generally, the application will require the following information:

• manuals, brochures and technical specifications;
• a network rollout plan on the coverage of customer base projections, a construction plan and radio frequency (if any);
• network configurations and security features;
• the costing structure;
• service pricing;
• a customer care strategy;
• five-year financial statement projections (cash flow, income statement and balance sheet);
• a financial plan (proof of availability of funds);
• the capital investment ratio of equity to debt; and
• a human resource development strategy.

Once the registration is complete, the applicant must upload certified copies of the following documents:

• the certificate of incorporation;
• a taxpayer identification number certificate and tax clearance certificate issued by the revenue authorities;
• the company memorandum and articles of association;
• a company profile;
• a copy of information on the company's track record; and
• a business plan.

In making its decision, the TCRA will ensure that the requisite documents and information have been furnished and notify the applicant if any information is missing. Thereafter the TCRA will embark on an evaluation of the applicant and publish on its website an invitation for public comment (this does not apply where the licence will have a duration of less than five years). Public comments are assessed by the internal evaluation team, which is also responsible for interviewing the applicant. Recommendations from the team are then forwarded to management for decision making and thereafter are presented to the TCRA board for approval and the minister for consultation. The licence is granted to the successful applicant through the Tanzanite Portal.

Media: An application for a print media licence must be submitted to the director of the Information Services Department for registration and licensing. The application form together with the following documents must be submitted:

• a certificate of incorporation or any other form of legal registration;
• a business plan containing:
• • the vision, mission and policy of the media outlet;
  • the location and nature of the media business;
  • the names, CVs and certified copies of academic certificates of the relevant editors; and
  • a dummy presentation of the intended media layout; and
• proof of payment of the prescribed fees.

Meanwhile, an application for a digital media licence must adhere to the above telecommunications licensing procedures.

3.4 What does the authorisation/licensing process involve? How long does it typically take? What costs are incurred?

Apart from publication to the public for a period of 14 days, the law does not specify how long it takes to obtain a telecommunications or digital media licence. In practice, the process takes one to three months on average. There are no costs, aside from the initial licence fee and the application fee, which differs depending on the type of licence and the market segment.

Similarly, the law does not prescribe the period for the issuance of a print media licence; but the process can take anywhere from 14 days to two months on average. The initial licence fee is TZS 1 million.

3.5 What are the ongoing rights and obligations of the authorisation/licence holder? How is compliance monitored? What penalties may be imposed for breach?

Generally, telecommunications licensees and digital media licensees must comply with the terms and conditions provided in the licence. These include terms on:

• quality of service;
• the licensed area;
• interconnection;
• consumer protection;
• universal service obligations;
• shareholding structure; and
• rollout plan.

They must also provide the requisite service and essential elements 24 hours a day at a quality required under the law.

The TCRA observes compliance under the Electronic and Postal Communications (Enforcement and Compliance) Guidelines of 2022 through steps such as:

• inspections;
• content monitoring;
• frequency monitoring; and
• assessments of the quality of service.

Failure to comply with the requirements is an offence under the law and in certain instances amounts to a punishable material breach, which may result in the suspension or cancellation of the licence. Other penalties include fines, imprisonment or both.

In terms of print media, a licensee must uphold the professional code of ethics and maintain information, among other things. The director of the Information Services Department monitors compliance through his powers to request periodic reports to observe compliance. A licensee that fails to comply with the obligations may be issued a default notice and be summoned to defend the matter; on conviction, it may be liable to a fine of between TZS 5 million and TZS 20 million or imprisonment for between three and five years, or both. For offences related to publication, the punishment may be a fine of TZS 5 million and TZS 20 million or imprisonment for between three and 10 years, depending on whether it is a first offence.

3.6 For how long is the authorisation/licence valid? Are variations to the terms possible? How is the authorisation/licence renewed?

The validity of the licence is as outlined in question 3.2 and may vary depending on the terms of the licence. The EPOCA clearly stipulates, with regard to telecommunications and digital media licensing, that a licensee must submit its request to the TCRA. The renewal for a telecommunications licence requires payment of the renewal fee and submitting the application for renewal and supporting documents. An application to renew a large category licence must be made 12 months before the expiration of the licence; other licences must be renewed three months before expiration.

To renew a print media licence, an application for renewal must be submitted supported by an annual performance report and proof of payment of the renewal fee.

3.7 Can an authorisation/licence be transferred? If so, what is the process for doing so?

The TCRA must issue written prior consent for a telecommunications or digital media licensee to transfer its licence. The process entails the transferor and transferee submitting an application jointly, together with any documents requested by the TCRA to support the application. Typically, an application for a transfer must be treated as an application for the issuance of a licence.

A print media licensee must not assign, transfer or dispose of any rights or obligations, or in any manner alienate the licence or any part thereof, without applying for a new licence or other changes in particulars. The process entails the submission of a prescribed form together with the prescribed fees to the director of the Information Services Department for approval.

4 Telecommunications

4.1 What provisions apply to the construction of telecommunications infrastructure and the installation of facilities on public and private property?

Physical telecommunications infrastructure is governed by the Electronic and Postal Communications Act (EPOCA), together with its supporting regulations. The installation, operation, management, construction, maintenance, ownership and making available of any physical infrastructure used in the provision of large economic scale network services are considered network facilities and therefore require a network facility licence from the Tanzania Communications Regulatory Authority (TCRA). The only exception is any equipment directly used by customers. In the case of specific small-scale activities, provisions relating to the construction, installation and maintenance of electronic communication equipment or broadcasting apparatus class licences will apply.

A network facilities licensee is further guided by the EPOCA when it comes to accessing public and private land to enable the provision of electronic communication services. Section 161 of the EPOCA requires a person seeking to install infrastructure or undertake construction to:

• obtain consent from the local government authority; and
• comply with the conditions issued, including payment of service and property fees for use of the property.

On the other hand, access to private land may be obtained through acquisition or the consent of the land or property owner.

4.2 Do any universal service obligations apply in your jurisdiction? If so, what are they and how are they funded?

Yes, the Universal Communications Service Access Fund (UCSAF) is the body responsible for the universal service obligation and all communication licence holders must contribute towards this fund.

The UCSAF Regulations Amendments 2023 introduced changes to the service levy rates for communication licence holders following the amendment of Regulation 5(1) of the UCSAF Regulations, which now requires all communication licensees to pay a universal service levy of 1.25% of the percentage of gross revenue for 2023/2024, increasing to 1.5% of the gross revenue for 2025/2016. This projects a change from the previous rates, which ranged from 0.3% when the UCSAF Regulations were introduced in 2009 to 1% for 2019/2020 following a sequence of amendments.

4.3 How is interconnection regulated in your jurisdiction? What rules and requirements apply in this regard? Are interconnection and network access charges subject to price regulation?

The TCRA regulates interconnection arrangements between licensees, including:

• conducting negotiations;
• deciding on the approval or rejection of interconnection agreements;
• recording such agreements in the public register; and
• arbitrating or appointing an arbitrator for disputes.

The TCRA is guided by the EPOCA; and the Electronic and Postal Communications (Interconnection) Regulations of 2018 also apply to all network service licensees in relation to the termination of traffic on the networks of other licensees. The regulations provide that the parties must negotiate the technical and commercial terms of their arrangements, including those relating to charges. Interconnecting parties are further guided by the following principles when determining the pricing:

• Pricing must be objective and transparent, and reflect the underlying costs;
• Forward-looking long-run incremental costs should promote effective competition and reduce the charges;
• Sufficient unbundling is required to ensure that an operator requesting interconnection does not have to pay for network elements or facilities that are not strictly required for the provision of interconnection services; and
• The compensation arrangement must be reciprocal for the transportation and termination of traffic.

4.4 What rules and requirements govern the allocation and use of telephone numbers in your jurisdiction?

The allocation and use of telephone numbers in Tanzania are governed by the TCRA and regulated under the Electronic and Postal Communications (Electronic Communication Numbering and Addressing) Regulations of 2018. These regulations set out the compliance required of electronic communication operators and entities that are assigned electronic communication numbers by the TCRA in accordance with the National Numbering Plan.

An assignee must utilise the allocated numbers efficiently and for the provision of electronic communication services in a manner that is identified as such. Once assigned, electronic communication numbers may not be resold or traded, and are subject to auditing by the TCRA.

4.5 What rules and requirements govern number portability in your jurisdiction?

Mobile number portability is governed by the Electronic and Postal Communications (Mobile Number Portability) Regulations of 2018. In this respect, the TCRA is responsible for ensuring that electronic numbers are fairly and efficiently used with the assistance of the Mobile Number Portability Steering Committee chaired by the director general of the TCRA.

The regulations specify the processes to be followed by the subscriber, the provider licensee and the recipient licensee.

4.6 Are retail customer charges subject to price regulation in your jurisdiction?

While customer charges and tariffs are regulated by the Electronic and Postal Communications (Tariffs) Regulations of 2018, these regulations do not stipulate price ranges. Instead, the regulations set out guiding principles and regulations that licensees must observe when determining their customer tariffs.

The TCRA recently introduced a development levy on airtime that is recharged by the subscriber to the licensed collector for remittance to the TCRA. Under Section 164A, and in accordance with the Electronic and Postal Communications (Airtime Levy) Regulations of 2021, a levy is to be charged on airtime recharged at a rate ranging from TZS 5 to TZS 222.70.

4.7 Are retail customer terms and conditions subject to regulation in your jurisdiction?

Customer terms and conditions must comply with the EPOCA and its regulations. Generally, terms and conditions under the Electronic and Postal Communications (Consumer Protection) Regulations include regulations to provide consumers with information pertaining to terms and conditions as follows:

• for free (Regulation 5(1) of the Consumer Protection Regulations);
• in a timely manner (Regulation 5(1) of the Consumer Protection Regulations);
• readily available in print and electronic formats at all retail outlets where services are sold (Regulation 5(1)(a) of the Consumer Protection Regulations); and
• in one of the official languages of Tanzania in a manner that the consumer comprehends with no ambiguity or hidden facts (English or Kiswahili) (Regulation 10(2) of the Consumer Protection Regulations).

Additionally, the Fair Competition Commission (FCC) regulates all markets to ensure that consumer contracts do not contain unfair terms. In accordance with the Fair Competition Act and the Standard Form (Consumer Contracts) Regulations of 2014, standard non-negotiable consumer contracts, which are typically pre-printed, and pertaining terms and conditions must be registered with the FCC (Section 36 of the Fair Competition Act). In the process of registration, the FCC will scrutinise the fairness of the terms and conditions.

5 Spectrum use

5.1 How is spectrum use authorised in your jurisdiction? Do any exemptions apply?

All radio frequency spectrum usage is managed and controlled by the Tanzania Communications Regulatory Authority (TCRA) and is therefore assignable by the TCRA. With regard to the maintenance and control of frequencies and channels, the TCRA has the power to allocate, reallocate, assign, reassign, issue, reissue, redistribute, retrieve, suspend, cancel or otherwise modify the distribution among users or licensees.

Spectrum allocation for authorised use must be made as per the national frequency spectrum plan developed by the TCRA. The process for obtaining spectrum use depends on the type of licence sought. The Electronic and Postal Communications (Radio Communication and Frequency Spectrum) Regulations of 2018 (as amended) set out the categories of licensing and the conditions applicable thereto.

Generally, the applicant must submit its application to the TCRA together with the application fees. In accordance with the Electronic and Postal Communications (Licensing) Regulations (as amended), an applicant for a network facilities, network services or content services licence that requires spectrum must apply to participate in the competitive invitation to tender processes announced by the TCRA from time to time.

The only exemption provided is where frequency is used for non-commercial government institution and agency matters that relate to security and safety (Regulation 4(2) of the Electronic and Postal Communications (Radio Communication and Frequency Spectrum) Regulations of 2018 (as amended)).

5.2 What is the procedure for allocating spectrum in your jurisdiction?

The competitive tendering process entails the following for spectrum auctioning under the competitive tender process:

• publication of the consultation document – the TCRA will publish the relevant consultation documents with a draft information memorandum of the proposed tendering process and the relevant spectrum band(s);
• the submission of stakeholder comments on the draft information memorandum;
• publication of the information memorandum, in response to which interested bidders submit the requisite tender documents for evaluation;
• the spectrum auction;
• the payment deadline; and
• the grant of a licence and/or the assignment of spectrum.

Under the Electronic and Postal Communications (Licence Procedures) Rules, the TCRA will then proceed to publish a public notice of the successful bidder(s), which will be invited to present their business and technical plan before the authority.

In determining the award, the TCRA engages the Spectrum Consultative Committee and relevant ministers prior to making a decision, and relies on the following criteria:

• rollout commitments, such as scale and scope; and
• the credibility of the applicant, including its financial and technical capability to operate the intended communication network (Regulation 27(2) of the Electronic and Postal Communications (Radio Communication and Frequency Spectrum) Regulations of 2018 (as amended)).

5.3 How long does it typically take? What costs are involved?

The law does not stipulate the timeframe for the allocation of spectrum usage. However, the Electronic and Postal Communications (Licence Procedures) Rules provide that the TCRA will publish notice of successful bidders for public comment for a period of 14 days. Typically, the entire process transpires according to the following indicative timeline.

Activity	Indicative timeline
Publication of the consultation document by the TCRA for interested bidders	10–15 days after notice of intention to release frequency spectrum auction
Submission of stakeholder comments (if any)	14 days
Publication of the information memorandum by the TCRA	7–10 days
Spectrum auctioning	14–21 days
Payments deadline	7–10 days
Grant of licence and/or assignment of spectrum	14 days

The costs include the successful auction bid amount and the prescribed application fees for the licence, which will depend on the market segment and the type of licence required.

5.4 What are the penalties for unauthorised spectrum use or breach of authorisation?

Failure to comply with the relevant regulations amounts to an offence and, upon conviction, attracts a fine of not less than TZS 5 million, imprisonment for at least 12 months or both.

5.5 Can a spectrum authorisation be transferred? If so, what is the process for doing so?

Spectrum allocated can be transferred only where the TCRA has reviewed the spectrum allocation and considered the reassignment of the frequency to the transferee. In 2022, the Electronic and Postal Communications (Radio Communication and Frequency Spectrum) Regulations were amended to provide a cap for frequency allocation. The regulations do not specify the process, but the practice is to submit a formal letter to apply for the transfer together with the underlying agreement and supporting relevant documentation. Thereafter, the TCRA will review the documentation and advise accordingly. If the transfer is approved, the applicant must pay the prescribed fees.

Notably, under the recent amendments, the TCRA now has the power to issue guidelines on reviewing an application for a transfer the form of a merger or acquisition; but these are yet to be issued.

6 Internet

6.1 What provisions apply to high-speed broadband in your jurisdiction? Are there any government incentives to promote broadband penetration?

In Tanzania, the laws do not specifically regulate or apply to high-speed broadband. High-speed broadband providers and general internet service providers (ISPs) are thus regulated in the same way.

Amendments to the licensing regulations introduced in 2022 incentivised broadband penetration by providing greater clarity and more options for such network services and facilities. Licensees can now license their specific activities or infrastructure without having to obtain costly large category licences. For instance, a landing station licence for submarine network facilities allows high-speed broadband ISPs to license this specific relevant infrastructure for the purpose of providing high-speed broadband.

6.2 What net neutrality regulations apply in your jurisdiction? Are any exemptions and/or exceptions available?

To the extent that the Electronic and Postal Communications (Quality of Service) Regulations require all ISPs to comply with the quality of service parameters set out therein, irrespective of the device, net neutrality applies in Tanzania.

More recently, the Tanzania Communications Regulatory Authority (TCRA) introduced the Tanzania Communications Regulatory Authority (Bundle Tariffs, Promotions and Special Offers) Rules, 2021, which introduced novel requirements on the pricing of bundles, promotions and special offers, including those relating to internet data. Additionally, the TCRA directive which gives effect to the rules sets out the minimum pricing for the data charges levied by service providers. Through an official notification, the TCRA has determined the minimum and maximum tariff limits for data services per megabyte at TZS 2.03 and TZS 9.35, respectively. The pricing of bundles, promotions and special offers is cost based. This means that several ISPs which had previously determined net provisions based on promotions, bundling and offers had to ensure equal quality of service for those users which did not subscribe to such offers and promotions.

6.3 Are internet service providers (ISPs) obliged to block or restrict access to specific websites or types of content in your jurisdiction?

ISPs are not regulated as standard content service licensees and thus are not required to regulate content. The TCRA regulates content through broadcast and content service licences. Nonetheless, the TCRA has the power to set the conditions of all licences; and in the case of an ISP's application service licence, this may include the imposition of consumer protection terms and conditions relating to content access.

6.4 Is the use of virtual private networks permitted in your jurisdiction?

The law is silent on the use of virtual private networks.

6.5 In what circumstances will ISPs be held liable for offending content carried on their networks? What defences are available?

ISPs will be liable for offending content carried on their networks where:

• the content is deemed contrary to the specific terms and conditions stipulated in the licence and amounts to a material breach of the same; or
• the TCRA issues a notice against the offence (Sections 21(g) and (i) of the Electronic and Postal Communications Act).

The defence is to produce evidence that efforts were made to take remedial action to rectify the issue and communicate this to the TCRA.

6.6 How are digital platforms regulated in your jurisdiction?

Digital platforms are regulated by the TCRA either as application services or under the recently introduced category of application services (e-commerce) for service platforms, aggregation or integration of services, transactions or business for other service providers.

Digital platforms that constitute payment systems or facilitate the issuance of electronic money are regulated by the Bank of Tanzania through the National Payment Systems Act and its subsidiary regulations.

7 Media

7.1 What rules and requirements apply to public broadcasters in your jurisdiction?

Public broadcasters are:

• entities that provide public service broadcasting; and
• content service providers whose costs are borne out of expenditure appropriated by the Parliament or other public finances collected through other means of revenue collection.

In terms of content, public free-to-air (FTA) broadcasters must:

• provide information, education and entertainment in an independent and impartial manner to the general public;
• provide broadcasting services with impartiality, giving attention to the interest and susceptibilities of the different communities in mainland Tanzania;
• provide and receive from independent producers and other persons material to be broadcast; and in acquiring such material, have regard to the need to maintain the distinctive character of the public broadcaster and cater to the expectations of audiences which are not generally catered to by other content services providers;
• provide universal broadcasting services;
• provide broadcasting content services in accordance with the broadcasting charter; and
• avoid programmes involving nakedness, gambling, violence, superstition or astrology.

The transfer of a public service radio broadcasting licence to a third party is restricted. However, a public service broadcaster may apply to the Tanzania Communications Regulatory Authority (TCRA) to transition to a commercial broadcaster under Regulation 4 of the Electronic and Postal Communications (Radio and Television Broadcasting Content) Regulations.

7.2 What rules and requirements apply to commercial broadcasters in. your jurisdiction?

All commercial broadcasters are regulated by the Electronic and Postal Communications Act, the Electronic and Postal Communications (Digital and other Broadcasting Networks and Services) Regulations and the Electronic and Postal Communications (Radio and Television Broadcasting Content) Regulations, as amended from time to time.

Similarly to public broadcasting content, commercial broadcasters must:

• provide a diverse range of programming that reflects the culture, needs and aspirations of Tanzanians;
• provide coverage in such areas as may be specified by the TCRA;
• include drama, documentaries and children's programmes that reflect the themes and cultural identity of the nation;
• promote the use of standard Kiswahili and English;
• avoid racial and religious hatred;
• protect minors from harmful programme content;
• avoid programmes relating to nakedness, gambling, violence, superstition and astrology;
• provide programmes that promote national peace, unity and tranquillity, and that do not endanger national security; and
• avoid defamation and blasphemy.

These laws further categorise and define the regulations for:

• subscription service provision;
• multiplex operators;
• technical standards;
• capacity networks;
• quality of service obligations; and
• system interoperability.

They also set out general provisions.

7.3 Do any ‘must-carry' obligations apply in your jurisdiction? If so, what are they and how are they funded?

Yes, under Regulation 17 of the Electronic and Postal Communications (Digital and Other Broadcasting Networks and Services) Regulations, all broadcasting network operators are obliged to carry public service broadcasts without charging a transmission fee in the interest of the public.

Notably, amendments to the Electronic and Postal Communications (Digital and Other Broadcasting Networks and Services) Regulations introduced in 2022 have made it mandatory for licensees to transmit and distribute FTA content through multiplex operator networks. This has required FTA content service licensees to enter into commercial arrangements with network operator channels; but in any case, the law requires FTA content to be accessible without any fees.

7.4 Do any local content requirements apply in your jurisdiction? Do any restrictions apply to foreign content? What exemptions and/or exceptions are available?

Regulation 31 of the Electronic and Postal Communications (Radio and Television Broadcasting Content) Regulations defines ‘local content' as all television and radio programmes that fulfil the following conditions:

• The production is in either Kiswahili or English;
• The content deals with issues that are unique and relevant to Tanzanian audiences;
• At least 40% of the shares of the production company are owned by Tanzanians;
• A majority of the artists are Tanzanians;
• The location of the shooting, in the case of audiovisual programmes or performance, was in Tanzania; and
• The author of the programme is a Tanzanian or, in case of co-authorship or multi-authorship, at least 50% of the authors are Tanzanian.

Local content does not include news and commentaries.

Depending on the service, the law stipulates different local content requirements. For instance, a licensed subscription broadcaster must provide at least 25% local content by subscription of its total channels. Moreover, at least 60% of the weekly average per year of all content provided by an FTA content services licensee must be produced by:

• a natural person who is a citizen and permanent resident of Tanzania;
• a legal person, the majority of whose directors or shareholders are citizens and permanently residing Tanzania; or
• the licensee or any person authorised by the relevant authority to undertake local content production.

No exemptions from the local content requirements are available.

7.5 What other content requirements and restrictions apply in your jurisdiction? Do these vary depending on the distribution channel (eg, traditional broadcast media versus new media)?

Aside from the restrictions and requirements outlined in question 7.4, the law also requires both public and commercial content services licensees to ensure that at least 80% of their music selection aired daily between 5:30 am and 9:00 pm is Tanzanian.

7.6 How is advertising regulated in your jurisdiction? Does this vary depending on the distribution channel?

Advertising is generally regulated by the TCRA under the Electronic and Postal Communications (Radio and Television Broadcasting Content) Regulations and is subject to certain restrictions. The regulations require all licensees to broadcast only ads which comply with the following requirements:

• They must be lawful, honest, decent and truthful;
• They must conform with the principles of fair competition;
• They must not contain any descriptions, claims or other material which could, directly or by implication, mislead members of the public in relation to the products or services advertised, or about their suitability for the recommended purpose;
• They must not unfairly attack or discredit, directly or by implication, any other advertisers, products or ads;
• They must not relate to superstitions or astrology; and
• They can relate to alternative medicine only with the approval of the relevant authorities.

Generally, a licensee must:

• exercise responsible judgement;
• substantiate claims in ads; and
• ensure there are clear distinctions or breaks between programmes and ads.

Political context is also subject to restrictions. For example:

• ads must not be screened or sponsorship logos displayed during live broadcasts of parliamentary sessions; and
• election coverage should be presented in a restrained way so as not to mislead the public.

8 Competition

8.1 What competition-related provisions (eg, structural or functional separation requirements; significant market power requirements; media plurality rules) apply in the following sectors: (a) Telecommunications; (b) Internet; (c) Media (broadcasting + print) and (d) Social media?

(a) Telecommunications

The telecommunications sector is specifically governed by the Electronic and Postal Communications (Competition) Regulations. In this regard, competition is observed through preventing conduct that would substantially lessen competition, as well as anti-competitive agreements and related practices.

(b) Internet

ISPs are regulated in a similar way to telecoms operators and must likewise comply with the Electronic and Postal Communications (Competition) Regulations. However, the internet market in itself is not subject to specific competition provisions.

(c) Media (broadcasting + print)

There are no specific laws governing the media. Broadcasting and digital media are regulated by the TCRA and therefore must comply with the Electronic and Postal Communications (Competition) Regulations and the Electronic and Postal Communications Act. On the other hand, print media houses are restricted from assigning, transferring or disposing of any rights or obligations that would alienate the licence or a part thereof. Regulation 15 of the Media Services Regulations requires the print media house to apply either for a new licence or for a change in the particulars.

(d) Social media

The Electronic and Postal Communications (Competition) would also apply to social media content hosts.

8.2 To what extent can the national competition regulator intervene in the relevant sectors? What is the interplay between the competition regulator and the various sectoral regulators?

The national competition regulator is the Fair Competition Commission (FCC), which has a mandate to oversee all competition-related matters. More specifically, it has a mandate to monitor mergers and acquisitions where:

• there is a change of control; and
• the combined annual turnover or asset value of the transacting parties meets the threshold of TZS 3.5 billion.

As is the case in most jurisdictions, there is an open line of communication between the various regulators. Under Section 19(2) of the Tanzania Communications Regulatory Authority Act, when dealing with competition issues, the TCRA must investigate and report on issues and make appropriate recommendations to the FCC.

8.3 How are mergers and acquisitions in the relevant sectors treated from a competition perspective?

Mergers and acquisitions in the TMT market require approval from both the TCRA and the FCC. These processes are separate and cannot run simultaneously. Typically, an application must first be presented to the FCC, after which approval is sought from:

• the TCRA for telecommunications and digital media mergers; or
• the director of the Information Services Department for print media mergers.

The reason for this order is that the FCC requires parties that intend to conclude a notifiable merger to file an application for a merger clearance certificate. Failure to comply with this provision is an offence under the Fair Competition Act and in case of breach the assets acquired may have to be disposed of and/or the transaction may be declared void. Notably, the FCC may effect any of these orders within three years of the conclusion of a transaction without notification.

8.4 What other specific challenges or concerns do the relevant sectors present from a competition perspective?

One concern for the TMT sector in Tanzania is its untapped potential and the dominance of a few market players on the market. Achieving economies of scale is a challenge for parties seeking to enter the market and thus to strengthen fair competition. This is due to the costs of:

• building infrastructure; and
• ensuring the accessibility of infrastructure and services in remote areas.

9 Data security and cybersecurity

9.1 What data security regimes apply in the following sectors: (a) Telecommunications; (b) Internet; (c) Media (broadcasting + print) and (d) Social media?

Under the new Personal Data Protection Act, all personal data in Tanzania is regulated, irrespective of the sector. This means any data collector or processor of personal data must:

• register with the Data Protection Commission (which is yet to be established); and
• comply with the requirements in relation to the storage and retention of the data.

The sector-specific data security regimes are outlined below.

(a) Telecommunications

The Electronic and Postal Communications Act (EPOCA) imposes an overarching duty of confidentiality on members, employees and agents of licensees in relation to any information they receive. All telecommunications operators licensed by the Tanzania Communications Regulatory Authority (TCRA) must protect consumer information that is collected and maintained in the course of their business. In accordance with the Electronic and Postal Communications (Consumer Protections) Regulations, telecommunications operators must ensure that data is:

• fairly and lawfully collected and processed;
• processed for identified purposes;
• accurate;
• processed in accordance with the consumer's other rights;
• protected against improper or accidental disclosure; and
• not transferred to any party except as permitted by:
• • any terms and conditions agreed with the consumer;
  • any permission or approval issued by the TCRA; or
  • any other applicable laws.

(b) Internet

There are no laws that specifically govern data security in relation to the Internet. To the extent that the internet stakeholder is a licensee, data security is also governed the EPOCA and the Electronic and Postal Communications (Consumer Protection) Regulations, and is subject to the regime as described in question 9.1(a).

(c) Media (broadcasting + print)

In accordance with the Electronic and Postal Communications (Digital and Other Broadcasting Networks and Services) Regulations (as amended), licensees must:

• comply with conditions to protect subscriber privacy;
• not use their systems to collect personal identifiable information concerning any subscriber without prior written or electronic consent; and
• prohibit the disclosure of personal identifiable information without the prior consent of the subscriber.

(d) Social media

There are no laws that specifically govern data security for social media, as this is a relatively new area. To the extent that the social media market player is posting online content as a user or host whose online content is licensed by the TCRA, data security is also governed the EPOCA and the Electronic and Postal Communications (Online Content) Regulations. In terms of data security, this means that the licensee:

• is responsible and accountable for the information it publishes;
• must use passwords to protect any user equipment, access equipment or hardware to prevent unauthorised access or use; and
• must not disclose information.

9.2 What cybersecurity regimes apply in the following sectors: (a) Telecommunications; (b) Internet; (c) Media (broadcasting + print) and (d) Social media?

There are no specific cybersecurity regimes for individual TMT sectors; rather, a general regime is provided under the Cybercrimes Act. The act prohibits:

• illegal access;
• illegal continued access to a computer system after the duration of permitted access has expired;
• illegal interception;
• illegal data interference;
• data espionage;
• computer-related forgery; and
• fraud.

ISPs must also comply with the Internet Service Providers Minimum Security Guidelines of 2018, which set out:

• governance and management framework compliance measures;
• physical and digital systems requirements; and
• incident management and response procedures.

9.3 What other specific challenges or concerns do the relevant sectors present from a data security/cybersecurity perspective?

With the entry into effect of the Personal Data Protection Act, there are concerns as to its alignment with the existing sectoral requirements. Licensees in the relevant market must adhere not only to the specific licensing obligations, but also to the general data controller and data processor requirements, as applicable.

10 Trends and predictions

10.1 How would you describe the current TMT industry landscape and prevailing trends in your jurisdiction? Are any new developments anticipated in the next 12 months, including any proposed legislative reforms?

The TMT industry landscape in Tanzania presents abundant opportunities and potential for growth, as reflected in the regulatory environment and the increased legislative clarity that has been introduced. Key projects that the government has supported include the submarine cable network 2Africa project, which aims to connect Africa – including Tanzania, as well as its landlocked bordering countries – to an advanced network. This has resulted in amendments to the licensing regulations to accommodate such projects. Regionally, Tanzania is more technologically advanced compared to its counterparts at the administrative government level through the digitisation of various government approval processes.

Legislative reforms that may be anticipated in the near future include aligning the new Personal Data Protection Act with existing laws and ensuring greater legal clarity for innovation in the sector. In this light, we can also anticipate the establishment of the Data Protection Commission and the introduction of regulations to the Personal Data Protection Act.

Other notable steps include:

• the government's conclusion of rural telecommunications projects agreements with telecommunications companies to build over 700 towers and upgrade existing towers to increase communication accessibility;
• the review of the Media Services Act by Parliament to introduce amendments that would prevent the suppression of freedom in the media; and
• the government's construction and launch of its own satellite which will increase network connectivity across the country.

11 Tips and traps

11.1 What are your top tips for TMT players seeking to operate in your jurisdiction and what potential sticking points would you highlight?

The Tanzania Communications Regulatory Authority, as the major regulator in the industry, expects nothing less than complete legal and regulatory compliance. Therefore, it is imperative for market players to ensure full compliance. In Tanzania, the fleshed-out categories of licences, coupled with their converged nature, afford players greater flexibility to select the most suitable approach for their operations.

Co-Authored by Lucas Elingaya

The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.