Part ID: V

Functions, Powers and Duties of Authority ss 1726

CHAPTER: 72:03

17. General functions and powers of Authority(1) The Authority shall supervise and promote the provision of efficient
telecommunication services in Botswana.(2) Without derogating from the generality of the provision of subsection (1),
the Authority shall-(a) take all reasonable steps to promote the provision, throughout Botswana, of such
telecommunication services as will satisfy all reasonable demands for them including emergency services, public call
box services, and directory information services;(b) promote the interests of consumers, purchasers and other users of
telecommunication services in respect of the prices charged for, and the quality and variety of, such services and
equipment or terminal equipment supplied for the purposes of such services; and(c) promote and maintain competition
among persons engaged in commercial activities for or in connection with the provision of telecommunication services,
and promote efficiency and economy on the part of persons so engaged.(3) The Authority shall have, and may exercise
and perform, such other powers and functions as may be conferred on it by or under this or any other Act.(4) The Board
may, in writing, delegate any of the powers and functions of the Authority to the Chief Executive or any other officer of
the Authority.(5) The Minister may, after consultation with the Board, give the Board directions of a general or specific
nature regarding the exercise of its powers and the performance of its functions, which directions shall not be
inconsistent with this Act or with the contractual or other legal obligations of the Authority, and the Authority shall give
effect to any such directions.(6) Subject to the provisions of subsection (5), the Authority shall not be subject to the
direction of any other person or authority in the exercise of its functions under Parts V, VI, VII and VIII of this Act.18.
Tariffs(1) The Authority shall publish, in the Gazette, the principles established by it and to be applied in the setting of
tariffs by telecommunication systems operators and telecommunication service providers.(2) A licensed service provider
of a telecommunication system for local, national or cellular telephony shall submit a proposal in writing, to the Authority,
in respect of the tariff which he intends to apply for the use of his system.(3) The Authority shall, within sixty days of its
receipt of any proposal made under subsection (2), either approve the tariff proposed, or make a counter-proposal; and
any failure of the Authority to respond to a proposal shall entitle the person so making the proposal to impose the tariff
proposed.(4) Where the service provider does not accept the counter proposal made to it by the Authority, and it is
unable to reach any agreement with the Authority on the matter, it may appeal to the Minister.(5) A licensed service
provider shall make its tariffs available to the public.(6) Any person who contravenes the provisions of subsection (5)
shall be guilty of an offence and shall be liable to a fine not exceeding P5 000,00.(7) Where the Authority has approved
any tariff, any service provider who exceeds such tariff shall be guilty of an offence and shall be liable to a fine of not
less than P10 000,00 but not more than P2 000 000,0019. Settlement of disputesThe Authority shall settle any dispute
that may arise between licensees, between licensees and other service providers, and between licensees and members
of the general public.20. Monitoring of competition in telecommunications sector(1) The Authority shall be responsible
for monitoring competition in the telecommunications sector.(2) The Authority shall report any contravention of the rules
of competition as specified under section 48 of this Act to the Attorney General who shall deal with any such
contravention as he considers appropriate.21. Type approval of equipment(1) The Authority may make regulations
specifying the types of telecommunication equipment which may be used for providing a telecommunication service, for
operating or connecting to, a telecommunication system, or for terminal equipment (referred to in this Act as "type
approval").(2) No person who provides a telecommunication service or supplies telecommunication equipment shall use
any telecommunication equipment which has not been type approved by the Authority; and no person shall connect, to
any telecommunication system, any telecommunication equipment which has not been type approved.(3) The Authority
may type approve any telecommunication equipment by reference to a type approval used in another country.(4) Save
where the Authority otherwise directs, every telecommunication equipment used in or connected to a telecommunication
system or network in Botswana shall be marked as being of a type approved for use in Botswana.(5) The Authority shall
maintain a register of type approvals which shall be open to inspection by the public.(6) Any person who contravenes
the provisions of subsection (2) shall be guilty of an offence and shall be liable to a fine of not less than P10 000,00 but
not more than P2 000 000,0022. Power to require information(1) The Authority shall have the power to require, from any
person, such information including accounts, returns or estimates, as the Authority deems necessary to enable it to carry
out its functions under this Act.(2) If so requested by the Authority, a person shall give the Authority access to, or provide
it with, such information as the Authority may require; and the Authority shall be entitled to make copies or take extracts
from any such information.(3) A person who gives any information or access information pursuant to this section shall
not give information or access to information which he knows to be false or misleading.(4) Notwithstanding the
provisions of subsection (1) and (2) the Chief Executive or employee or officer of the Authority shall not disclose to any
other person, any information so acquired if that disclosure would be detrimental to the person or business of the person
providing that information except in the following circumstances-(a) the person is declared bankrupt in Botswana, or, if a
company, is being wound up, and the information is required in connection with bankruptcy or winding-up
proceedings;(b) civil or criminal proceedings arise involving that person and the Authority;(c) the Chief Executive,
employee or officer of the Authority is sum moned to appear before a court of competent jurisdiction in Botswana and
the court orders the disclosure of the information;(d) the information is required by an employee or officer in the

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