58 No. 3
Electronic and Postal Communications
2010
(10) In the exercise of any power, the performance of any
duty or the discharge of any right, privilege or obligation by any
person or authority in pursuance of the provisions of this Act, shall
always be regarded to the fact that all radio communication
frequencies or frequency channels are national resource which is
held in trust for the people by the Government, and maintained and
controlled by the Authority for carrying out the purposes and
provisions of this Act.
(11) A person who is aggrieved by a decision of the
Authority under this section may, within twenty eight days of the
notice of the decision of the Authority appeal to the High Court on
procedural issues or on grounds that the decision of the Authority
was based on extraneous factors.
Prohibition
to transfer
frequency
73. A person to whom radio frequency have been assigned
shall not be permitted to transfer the rights to use such frequency to
any third party, whether for remuneration or otherwise.
Offences
74.(1) Any person who fails, neglects or refuses to
comply with any directions of the Authority given under sub-section
(3), (6) or (7) of section 72 commits an offence.
(2) Any person who commits an offence under sub-section
(1) shall upon conviction be liable to a fine of not less than two
billion five hundred thousand million Tanzanian shillings and in
case of a continuing offence to a further fine of not less than seventy
five million Tanzanian shillings for everyday or part thereof during
which the offence continues after conviction.
(3) Notwithstanding the provisions of sub-sections (1) and
(2), any person who willfully contravenes or fails to comply with
the conditions imposed on his licence granted under this Act in
relation to the use of a radio communication frequencies or
frequency channel, shall have his licence cancelled.