GAZETTE EXTRAORDINARY 123 -. •’ ■. . THE REPUBLIC OF VGA? Registered at the "W' ’T’ - V^- ^* * ’" J A Published U ganda Gazette General Post Office for transmission within East Africa as a Newspaper 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 THE UGANDA COMMUNICATIONS ACT CAP 106 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 MINISTERIAL POLICY DIRECTION ON MERGING 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 enacted. 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.