(3) The duty of confidentiality pursuant to Article 46 hereof or pursuant to other provisions of Eritrean
law shall not preclude the duty to provide information as stipulated in this Article.
(4) The Department shall preserve confidentiality in relation to the information provided under a duty
of disclosure.
45. Publication of Information
(1) The Department may publish information concerning an operator's contractual practice to ensure
that the requirements to provide open access to communication networks and services are complied
with. Consideration shall be given as regards the justified interests on commercial firms in preserving
business secrets. Information concerning technical devices or solution shall not be published.
(2) No one may request information from the Department obtained pursuant to Article 44 hereof in
connection with the procedures laid down in Article 41 of this Proclamation.
46. Duty of Confidentiality
(1) An operator, a supplier and an installer are obliged to treat as confidential the contents of the
communications and others' use of communications, including information about technical devices and
procedures. They are obliged to implement measures to prevent others except those whom this
information concerns, to obtain access to such information by themselves. Neither may they make use
of the information in their own activities or in service for or employment by others, unless the
information consists of statistical information on network traffic which is fully anonymized and which
does not reveal information about devices or technical solutions.
(2) The duty of confidentiality pursuant to this Article also applies to everyone in the service or
employment of an operator, a supplier, an installer or the Department. The duty of confidentiality also
applies for 3 years as of the termination of the service or employment.
(3) Other statutory duty of confidentiality based on law applies in addition to this Article.
47. Fees and Levies
(1) Fees for the regulatory documents or other administrative services which are rendered pursuant to
or under this Proclamation, shall be paid in the amount as stipulated in regulations issued by the
Minister of Transport and Communications.
(2) The Department may order an operator to pay charges to another operator for connection to a
network or a communications service.
48. Sanctions
(1) If a person fails to comply with the requirements laid down in or under this Proclamation or in
regulatory documents, the Department may impose one or more of the following sanctions:
(a) rectification within a stipulated deadline. If the order is not carried out, coercive fines pursuant to
Article 49 may be imposed; or
(b) obligation of public apology by the person who has failed to comply, at such person's cost, for his
breach in a newspaper of general circulation, to run for two consecutive days; or
(c) payment of a fine determined by the Department, to the Department; or
(d) payment of a fine determined by the Department to the applicable customers of the person who
has failed to comply, or to injured parties for injury caused by such person as a result of the noncompliance; or
(e) reduction of the period of exclusive rights with regard to one, several or all services; or
(f) reduction of the period of validity of the regulatory document; or
(g) suspension of the regulatory document; or
(h) revocation of the regulatory document.