10 No. 3
Electronic and Postal Communications
2010
PART I
PRELIMINARY PROVISIONS
Short title
and
Commencement
1.(1) This Act may be cited as the Electronic and Postal
Communications Act, 2010.
(2) This Act shall come into operation on such date as the
Minister may, by notice published in the Gazette, appoint.
Application
2.(1) This Act shall apply to Mainland Tanzania as well as to
Tanzania Zanzibar.
(2) This Act shall not apply to Tanzania Zanzibar, with respect
to those activities, which by virtue of the Zanzibar Broadcasting
Commission Act, fall within the jurisdiction of the Zanzibar
Broadcasting Commission.
Interpretation
3. In this Act, unless the context otherwise requires “abuse of the dominant position” means an act whereby(i)
a firm holds a position of such economic strength
that allows it to operate in a market without being
significantly affected by competition and it
engages in conduct that is likely to impede the
development or maintenance of effective
competition;
(ii) a tied selling firm exercises, predatory pricing,
exclusive dealing, market restriction and price
squeezing but does not include an act where by a
licensee’s vigorous competition takes business
from less efficient competitors;
“access” means the making available by one person or network, of
electronic communications services or electronic
communications networks, or parts thereof, to another
person or network, for the purpose of enabling (a) construction, maintenance and operation of an
electronic communications network;
(b) provision of an electronic communications