National Communications Authority Act 769

Arrangement of Sections

Sections

National Communications Authority

1. 1. Establishment of the National Communications Authority
2. 2. Object of the Authority
3. 3. Functions of the Authority
4. 4. Powers of the Authority
5. 5. Regulatory and best practice of the Authority
6. 6. Governing body of the Authority
7. 7. Liability of members
8. 8. Tenure of office of members of the Board
9. 9. Meetings of the Board
10. 10. Disclosure of interest
11. 11. Declaration of registrable interests
12. 12. Establishment of committees
13. 13. Allowances

Administrative provisions

1. 14. Ministerial responsibility and directives
2. 15. Divisions of the Authority
3. 16. Director-General
4. 17. Deputy Directors-General
5. 18. Secretary
6. 19. Appointment of other staff

Financial provisions

1. 20. Funds of the Authority
2. 21. Expenses of the Authority
3. 22. Accounts and audit
4. 23. Annual report and other reports
5. 24. Borrowing powers

Miscellaneous provisions

1. 25. Procedure for decision making by Authority
2. 26. Register of interests
3. 27. Code of conduct
4. 28. Application
5. 29. Regulations
6. 30. Interpretation
7. 31. Transitional provisions
8. 32. Repeal and savings

REPUBLIC OF GHANA THE SEVEN HUNDRED AND SIXTY-NINETH

ACT OF THE PARLIAMENT OF THE REPUBLIC

Entitled

NATIONAL COMMUNICATIONS AUTHORITY ACT, 2008

AN ACT to establish the National Communications Authority as the central body to license and regulate communications activities and services in the country; and to provide for related purposes.

Date of Assent: 11th December,

1. 2008.

   ENACTED by the President and Parliament:

National Communications Authority

Establishment of the National Communications Authority

1. 1. (1) There is established by this Act, a body known as the National Communications Authority.

(2) The Authority is a body corporate with perpetual succession and a common seal, and may sue and be sued in its corporate name.

(3) The Authority may for the performance of its functions acquire and hold movable and immovable property and may enter into a contract or any other transaction.

(4) Where there is hindrance to the acquisition of property, the property may be acquired for the Authority under the State Property and Contracts Act 1960 (C.A.6) or the State Lands Act, 1962 (Act 125) and the costs shall be borne by the Authority.

Object of the Authority

1. 2. The object of the Authority is to regulate the provision of communications services in the country.

Functions of the Authority

1. 3. For the purpose of achieving its object, the Authority shall

(a) establish and monitor the implementation of national communications standards and ensure compliance accordingly;

(b) formulate a strategic plan;

(c) grant communication licence;

(d) regulate and monitor licensees, holders of frequency authorisations in consultation with the National Media Commission where appropriate;

(e) ensure fair competition amongst licensees, operators of communications networks and service providers of public communications;

(f) classify communications services to include;

(i) closed user group services;

(ii) private communications services; (iii) value added services; and (iv) any other service designated by the Minister and published in the Gazette;

(g) determine applications for communication licences including frequency authorisations,

(h) maintain the Register established under section 26;

(i) collect and arrange to be collected moneys lawfully due to the Authority;

(j) establish a frequency plan and monitor any frequency allocated to the communications industry;

(k) investigate and resolve disputes related to harmful interference with frequency brought to the attention of the Authority or of which the Authority has knowledge, amongst users and operators in respect of rates, billings and services provided and facilitate relief where necessary amongst the users and operators; in the event of the failure to obtain redress from providers of public communications services, and in respect of interconnection sharing facilities and utility installations;

(i) carry out on its own initiative or at the request of a person, investigations in relation to a person whose conduct is in contravention of this Act;

(m) establish quality of service indicators and reporting requirements for operators and service providers;

(n) certify and ensure the testing of communications equipment for compliance with international standards;

(o) ensure the systematic implementation of policy directives of the Minister and of communications policies in the country;

(p) obtain requisite information from any person for purposes of the performance of its functions;

(q) when designated by the Minister, represent the Republic at international fora;

(r) issue guidelines and standards from time to time;

(s) support the implementation of the Universal Access Policy,

(t) encourage high standards of propriety within the Authority and promote the efficiency and effectiveness of the staff of the Authority;

(u) establish a policy and resource framework for the operation of the Authority in line with the overall strategic plan of the Authority;

(v) ensure that the principles of good corporate governance are complied with at all times;

(w) establish and manage a national numbering plan for network and application services;

(x) advise the Minister on matters related to the communications industry within the country and globally, and policies including incentives that may encourage investment and innovation in the communications industry in the country; and

(y) perform any other function assigned to it under this Act or any other enactment or that is ancillary to the object of the Authority.

Powers of the Authority

1. 4. The Authority may exercise the following powers:

(a) enter into a contract for the supply of goods and services;

(b) invest the funds of the Authority that are not immediately required for the performance of its functions and ensure the judicious use of the funds;

(c) publish information that is relevant to its functions and activities in a manner that it considers appropriate;

(d) promote and where necessary fund the training of persons for the communications industry;

(e) undertake research and development work related to its functions; and

(f) promote research and the development by other persons of the communications industry.

Regulatory and best practice of the Authority

1. 5. The Authority shall in the performance of its functions have regard to the principles of transparency, accountability, proportionality and consistency; best regulatory practice; the protection of the interests of consumers or users of communications networks or communications services and in particular to the interests of consumers' choice, quality of service and value for money; the impact on the environment of the activities undertaken by telecommunications service providers and telecommunications network providers; the promotion of competition in the provision of communications services; the various demands, interests and uses of the electromagnetic spectrum; the needs and interests of persons with disability, the elderly, low income earners and the vulnerable; the opinions of consumers and members of the general public; and the interests of both rural and urban dwellers.

Governing body of the Authority

1. 6. (1) The governing body of the Authority is a Board consisting of the chairperson; the Director-General appointed under section 16; one representative of the National Security Council, the National Media Commission, Ministry of Communications, not below the rank of a director, one person with experience and expertise in communications; and three other persons at least one of whom is a woman and each of whom has knowledge of expertise in electrical engineering, law, business or public administration.

(2) A person is not qualified for appointment if that person is directly or indirectly involved in the management of; or has a financial or commercial interest in a communications network operator, a communications service provider, a communications equipment manufacturer or supplier either of whom operates within the country or outside the country or any other entity with an interest in the communications industry of this country.

(3) The members of the Board shall be appointed by the President in accordance with article 70 of the Constitution.

(4) The Board shall ensure the proper and effective performance of the functions of the Authority.

Liability of members

1. 7. (1) The duties of directors contained in Part Q of Chapter II of the Companies Act, 1963 (Act 179) shall apply to members of the Board.

(2) A member of the Board is not personally liable for damage or injury to a third party that arises in the execution of an official duty of that member, if the member at all material times acted in good faith.

Tenure of office of members of the Board

1. 8. (1) A member of the Board shall hold office for a period not exceeding four years and is eligible for re-appointment but a member shall not be appointed for more than two terms.

(2) Subsection (1) does not apply to the Director-General.

(3) A member of the Board may at any time resign from office in writing addressed to the President through the Minister.

(4) A member of the Board, other than the Director-General who is absent from three consecutive meetings of the Board without sufficient cause ceases to be a member of the Board.

(5) The President may by letter addressed to a member revoke the appointment of that member.

(6) Where a member of the Board is for a sufficient reason, unable to act as a member, the Minister shall determine whether the inability would result in the declaration of a vacancy.

(7) Where there is a vacancy under subsection, (3), (4) (5), 10 (2) or 11 (3); or as a result of a declaration under subsection (6); the Minister shall notify the President of the vacancy and the President shall appoint a person to fill the vacancy.

Meetings of the Board

1. 9. (1) The Board shall meet at least once every three months for the dispatch of business at the times and in the places determined by the chairperson.

(2) The chairperson shall at the request in writing of not less than one third of the membership of the Board convene an extraordinary meeting of the Board at the place and time determined by the chairperson.

(3) The quorum at a meeting of the Board is four members of the Board or a greater number determined by the Board in respect of an important matter.

(4) The chairperson shall preside at meetings of the Board and in the absence of the chairperson, a member of the Board elected by the members present from among their number other than the Director-General shall preside.

(5) Matters before the Board shall be decided by a majority of the members present and voting and in the event of an equality of votes, the person presiding shall have a casting vote.

(6) The Board may co-opt a person to attend a Board meeting but that person shall not vote on a matter for decision at the meeting.

(7) The proceedings of the Board shall not be invalidated by reason of a vacancy among the members or a defect in the appointment or qualification of a member.

(8) Subject to this section, the Board may determine the procedure for its meetings.

Disclosure of interest

1. 10. (1) A member of the Board who has an interest in a matter for consideration by the Board shall disclose in writing the nature of that interest and is disqualified from participating in the deliberations of the Board in respect of that matter.

(2) A member who contravenes subsection (1) ceases to be a member.

Declaration of registrable interests

1. 11. (1) Each member of the Board shall, prior to taking office, submit to the Minister a written declaration of that member's registrable interest whether directly or indirectly owned by the member.

(2) A member of the Board shall inform the Authority of any change in respect of that member's registrable interest from the date of the change.

(3) A member who without reasonable excuse fails to declare a registrable interest, or knowingly makes a false declaration, contravenes subsections (1) and (2), and ceases to be a member of the Board and the appointment of the member to the Board shall be revoked by the President.

Establishment of committees

1. 12. (1) The Board may establish committees consisting of members of the Board or non-members or both to perform a function.

(2) A committee of the Board may be chaired by a member of the Board.

Allowances

13. Members of the Board and members of a committee of the Board shall be paid the allowances approved by the Minister in consultation with the Minister responsible for Finance