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15 March 2010

Uganda Government Gazette dated 2010-03-15 number 17

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GAZETTE EXTRAORDINARY                                                                                                                             123

                                      -.         •’   ■.        .                                                              THE REPUBLIC OF VGA?

Registered at the         "W' ’T’          -
                                           *               ’"                                                 J    A            Published

                          U ganda Gazette
General Post Office for
transmission within
East Africa as a

Vol. CIII No. 17                                                    15th March, 2010                                     Price: Shs. 1500

                 CONTENTS                                            Page        3.    The transitional Board is hereby mandated to form
The Uganda Communications (Transitional Converged                                      working committees for the efficient discharge of its
   Regulator Policy) Guideline—Notice        ...                     123               duties.
The Electoral Commission Act—Notice          ...                     124
The Advocates Act—Notice       ...     ...    ...                     124        4.    While the Board will oversee the process of merging the
The Companies Act—Notices      ...     ...    ...                     124              two regulators, it will also continue to carry out the
Advertisements       ...       ...     ...    ...                     124              functions specified in the Uganda Communications Act
                                                                                       1997 and Electronic Media Act 1997. Where the
                                                                                       functions require specific focus, pertaining to
General Notice No. 104 of 2010.
                                                                                       communications, the members who were Commissioners
                                                                                       under UCC may constitute themselves into a
 (Section 11 (1) and (2) of the Uganda Communications Act Cap 106)
                                  And                                                  Communications Committee to handle the matter and
            THE ELECTRONIC MEDIA ACT CAP 105                                           will keep the Board updated. Where the matter pertains
        (Section 9 (5) of the Electronic Media Act Cap 105)                            to Broadcasting, members who were members of the
                                                                                       Board of Broadcasting Council will constitute
UGANDA COMMUNICATIONS COMMISSION (UCC) WITH                                            themselves into a Broadcasting Committee and keep the
          BROADCASTING COUNCIL (BC)                                                    Board updated accordingly.
Whereas H.E. The President of the Republic of Uganda directed
the Minister of Information and Communications Technology                        5.    The transitional body will be headed by the Chairperson
under Article 99 (1) of the 1995 Constitution of the Republic of                       of Broadcasting Council, Eng. Godfrey Mutabazi as the
Uganda, to have the Uganda Communications Commission and the                           Administrative Head.
Broadcasting Council merged;
And whereas a decision of Cabinet Under Minute 168 CT (2007)                     6.    The Broadcasting Council and the Uganda
of 25th April 2007 mandated the Ministry of ICT to:                                    Communications Commission are instructed to work out
                                                                                       the administrative details of the new structure and
      (i)      Constitute a multi institutional committee of which UCC
               and BC were members to oversee the merger process;                      modalities of operation.

      (ii)     Take-over management of the National Spectrum                     7.    The transitional body shall continue to carry out the
               (Airwaves) and the transmission infrastructure from the                 functions of both regulators until the functions of the
               Ministry' of Information and National Guidance (MING).
                                                                                       merged regulator are provided for by the new law.
Now therefore in accordance with the said Cabinet decision
under Minute 168 CT (2007) of 25th April 2007, and H.E. the                      8.    The two laws that is, Uganda Communications Act 1997
President's directive of 18th December 2009, given under Article                       and the Electronic Media Act 1997 shall continue to exist
99(1) of the 1995 Constitution in the exercise of his Executive
                                                                                       and provide the regulatory framework for regulating the
Authority, I hereby in exercise of the powers conferred upon the
                                                                                       transitional merger until a new Converged Legislation is
Minister under the Uganda Communications Act 1997 Section 12
and the Electronic Media Act 1997 Section 9(5),

(A) Direct that the Uganda Communications Commission and the                     9.    The Uganda Communications Commission and the
    Broadcasting Council establish one administrative structure on                     Broadcasting Council may conclude the details of this
    this 15th day of March 2010 under the following guidelines:                        arrangement through a memorandum of understanding on
       1.      The transitional body shall be merged at both the Board                 the modalities of the day to day operations.
               and Administrative levels. The Primary role of the
               transitional Board and Executive shall be to oversee and       (B) Take-over management of the National Spectrum (Airwaves)
               conclude the process of drafting the law and establishing          and the transmission infrastructure from the Ministry of
               the merged regulator for both communications and                   Information and National Guidance.
               broadcasting in accordance with best the practices and
               international standards.                                       This Policy Guideline may be cited as the Uganda
                                                                              Communications (Transitional Converged Regulator Policy)
       2.      The transitional body shall be headed by a Board
                                                                              Guideline, 2010 and shall come into force on 15th March 2010.
               comprising of members from the two existing Boards of
               the merging organizations and will be headed by the
               current Chairperson of the Uganda Communications
                                                                                                    HON. AGGREY SIRYOY1 AWORI,
               Commission, Eng. Dr. A. M. S. Katahoire.
                                                                              Minister of Information and Communications Technology.
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