Database

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TANZANIA

N/A

Pillar Telecom infrastructure & competition  |  Sub-pillar Presence of shares owned by the government in telecom companies
Presence of shares owned by the government in the telecom sector
TTCL (Tanzania Telecommunications Company Limited) is a state-owned telecommunications company in Tanzania that offers fixed-line, mobile, broadband internet, and data services. The company also has a fibre optic network throughout the country, enabling it to offer high-speed connectivity services to businesses and homes. TTCL has been a key player in the expansion of Tanzania's telecommunications infrastructure and the promotion of internet access and other telecommunications services throughout the country.
TTCL was privatised in February 2001, when a Consortium MSI of the Netherlands and Detecon of Germany acquired 35% shares of the company from the Government of Tanzania. However, the Government of Tanzania fully repossessed TTCL ownership by 100% from June 2016. Tanzanian government owns 40% of Bharti Airtel. The Government of Zanzibar (a partly self-governing state in Tanzania) owns a 15% stake in Zanzibar Telecom (Zantel).
It is reported that the government's effort to privatise TTCL has stalled. TTCL has been given management of the national fibre backbone and will service all districts; private operators must contract for service with TTCL. In addition, investors report that though the government has authorised some private companies to build terrestrial fibre networks, governing regulations remain unclear and inconsistently applied.
Coverage Telecommunications sector

TANZANIA

N/A

Pillar Telecom infrastructure & competition  |  Sub-pillar Functional/accounting separation for operators with significant market power
Requirement of accounting and functional separation for dominant network operators
It is reported that Tanzania mandates functional and accounting separation for operators with significant market power (SMP) in the telecom market.
Coverage Telecommunications sector

TANZANIA

Since March 2010, as amended in 2017, last amended in 2022
Since January 2018
Since June 2017

Pillar Telecom infrastructure & competition  |  Sub-pillar Licensing restrictions to operate in the telecom market
Electronic and Postal Communications

Electronic and Postal Communications (Licensing) Regulations, 2018

Finance Act 2017
According to Art. 26 of the Electronic and Postal Communications Act 2010, as amended in 2017 by the Finance Act (2017), licensees holding Network Facilities and Network Service licenses are required to offer at least 25% of their shares to the public—both local and foreign—through an Initial Public Offering (IPO) on the Dar es Salaam Stock Exchange (DSE). If a licensee fails to meet the prescribed 25% threshold of issued and paid-up share capital following the IPO, the Capital Markets and Securities Authority, in consultation with the Minister responsible for Capital Markets and considering market conditions, will issue directives to guide the licensee on how to achieve the 25% shareholding requirement. This requirement is also confirmed in Section 22(a) of the Licensing Regulations (2018).
Additionally, the application and initial licensing fees vary depending on the type of license and coverage area—International, National, or Regional. According to the first schedule of the Electronic and Postal Communications (Licensing) Regulations, the fees for Network Services are as follows: International coverage requires an application fee of USD 10,000, an initial license fee of USD 300,000, and a renewal license fee of USD 400,000; National coverage requires an application fee of USD 5,000, an initial license fee of USD 600,000, and a renewal license fee of USD 750,000; Regional coverage requires an application fee of USD 2,000, an initial license fee of USD 23,100, and a renewal license fee of USD 26,500.
Coverage Telecommunications sector

TANZANIA

Since January 2018

Pillar Telecom infrastructure & competition  |  Sub-pillar Licensing restrictions to operate in the telecom market
Electronic and Postal Communications (Licensing) Regulations, 2018
Section 20 (b) of the Electronic and Postal Communications (Licensing) Regulations, 2018, establishes that an applicant for the individual license shall submit to the Authority a business plan together with other documents as provided for under the Licensing Regulations.
Coverage Telecommunication sector

TANZANIA

N/A

Pillar Telecom infrastructure & competition  |  Sub-pillar Signature of the World Trade Organization (WTO) Telecom Reference Paper
Lack of appendment of WTO Telecom Reference Paper to schedule of commitments
Tanzania has not appended the World Trade Organization (WTO) Telecom Reference Paper to its schedule of commitments.
Coverage Telecommunications sector

TANZANIA

N/A

Pillar Telecom infrastructure & competition  |  Sub-pillar Presence of an independent telecom authority
Presence of independent telecom authority
It is reported that the Tanzania Communications Regulatory Authority (TCRA), the executive authority for the supervision and administration of services in the telecommunications sector, is independent from the government in the decision-making process.
Coverage Telecommunications sector

TANZANIA

Since June 2021, entry into force in July 2022

Pillar Cross-border data policies  |  Sub-pillar Ban to transfer and local processing requirement
Finance Act, 2021
Section 57 of the Finance Act of 2021 stipulates that tax-related data must be stored on a primary server located within the boundaries of Tanzania. The legislation further establishes that storing such data outside the country constitutes an offence. The Act defines a primary data server as a server that stores data generated or collected by a taxable or liable person in the regular conduct of their business activities.
Coverage Horizontal

TANZANIA

Since January 2018

Pillar Foreign Direct Investment (FDI) in sectors relevant to digital trade  |  Sub-pillar Maximum foreign equity share
Electronic and Postal Communications (Licensing) Regulations, 2018
Section 22 of the Electronic and Postal Communications (Licensing) Regulations stipulates that foreign investment in the telecommunications sector is restricted to a maximum of 75%.
Coverage Telecommunications sector

TANZANIA

Since July 2002

Pillar Intellectual Property Rights (IPRs)  |  Sub-pillar Practical or legal restrictions related to the application process for patents
The Patents (Registration) Act Cap 217 R.E 2002
Under the Patents (Registration) Act Cap 217 R.E 2002, foreigners may obtain the same protection as nationals of Tanzania. However, according to Art. 18 of the law, applicants not residing in Tanzania must appoint a patent attorney domiciled in the country to represent the applicant before the Patent Office. In addition, according to Art. 26, foreign parties may pay the required fees only through a patent agent domiciled in Tanzania.
Coverage Horizontal

TANZANIA

Since September 1999

Pillar Intellectual Property Rights (IPRs)  |  Sub-pillar Participation in the Patent Cooperation Treaty (PCT)
Patent Cooperation Treaty (PCT)
Tanzania is a party to the Patent Cooperation Treaty (PCT).
Coverage Horizontal

TANZANIA

Since December 1999

Pillar Intellectual Property Rights (IPRs)  |  Sub-pillar Copyright law with clear exceptions
Copyright and Neighbouring Rights Act, 1999
The Copyright and Neighbouring Rights Act provides a clear regime of copyright exceptions that refers to the concept of "fair practice", which enables the lawful use of copyrighted work by others without obtaining permission. Sections 12 and 26 list the exceptions, which include utilisation for the purposes of education and utilisation by way of illustration in an original work of an author or authors, provided that the extent of such utilisation is compatible with fair practice, among others.
Coverage Horizontal

TANZANIA

N/A

Pillar Intellectual Property Rights (IPRs)  |  Sub-pillar Adoption of the World Intellectual Property Organization (WIPO) Copyright Treaty
Lack of signature of the WIPO Copyright Treaty
Tanzania has not signed the World Intellectual Property Organization (WIPO) Copyright Treaty.
Coverage Horizontal

TANZANIA

N/A

Pillar Intellectual Property Rights (IPRs)  |  Sub-pillar Adoption of the World Intellectual Property Organization (WIPO) Performances and Phonogram Treaty
Lack of signature of the WIPO Performances and Phonograms Treaty
Tanzania has not signed the World Intellectual Property Organization (WIPO) Performances and Phonograms Treaty.
Coverage Horizontal

TANZANIA

N/A

Pillar Intellectual Property Rights (IPRs)  |  Sub-pillar Effective protection covering trade secrets
Lack of effective protection of trade secrets
Tanzania does not have a comprehensive framework in place that provides effective protection of trade secrets. It is reported that the protection of trade secrets is mostly by way of common law and equity in the form of judicial decisions.
Coverage Horizontal

TANZANIA

N/A

Pillar Telecom infrastructure & competition  |  Sub-pillar Passive infrastructure sharing obligation
Requirement of passive infrastructure sharing
It is reported that there is an obligation for passive infrastructure sharing in Tanzania to deliver telecom services to end users. It is practised in both the mobile and fixed sectors based on commercial agreements.
Coverage Telecommunications sector

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