Source document: https://docs-lawep.s3.us-east-2.amazonaws.com/1697706859851.pdf (Zimbabwe)
POSTAL AND TELECOMMUNICATIONS REGULATORY AUTHORITY OF ZIMBABWE (POTRAZ) Telecommunications Licence for Network Services issued to XXXXXXXX In terms of the Postal and Telecommunications Act, Chapter [12:05] to provide Telecommunications Network Services Issued at Harare XXXXXXXX Licence No.

NS20 xxxxx Telecommunications Licence For Network Services Contents XXXXXXXX – NS2021xxxxxx 1.

DEFINITIONS ........................................................................................ 4 2.
INTERPRETATIONS ............................................................................. 6 2.1.

General .................................................................................................................. 6 2.2.

Law ......................................................................................................................... 6 3.

DOMICILIUM CITANDI ET EXECUTANDI ............................................ 6 3.1.
Physical contacts ................................................................................................. 6 3.2.

Notices and Correspondence ............................................................................ 6 4.

COMMENCEMENT AND PERIOD OF LICENCE ................................. 7 5.

SCOPE OF THE LICENCE ................................................................... 7 5.1.
Licensed System .................................................................................................. 7 5.2.

Limitations ........................................................................................................... 8 6.

FEES ..................................................................................................... 8 6.1.

Licence Fees ......................................................................................................... 8 6.2.
Other Fees ............................................................................................................ 9 7.

PROVISION OF UNIVERSAL ACCESS AND SERVICE ...................... 9 7.1.

Universal Service Provision .............................................................................. 9 7.2.

Non Discrimination ............................................................................................ 9 7.3.
Community service obligations ........................................................................ 9 8.

SERVICE PROVISION ........................................................................ 10 8.3.

Billing and Accounting ..................................................................................... 11 8.4.

Quality of Service .............................................................................................. 12 9.
RIGHTS OF ACCESS ......................................................................... 14 10.

NETWORK SERVICES ROLLOUT ................................................... 15 10.2.

Network Services Administration ............................................................... 15 10.3.

Interconnection ............................................................................................... 18 10.4.
Infrastructure Sharing .................................................................................... 19 11.

Numbering ........................................................................................ 20 11.1.

Use of numbering resources ....................................................... 20 12.

TARIFFS ............................................................................................ 20 12.1.
Tariff Regime ................................................................................................... 20 13.

PROVISION OF INFORMATION ....................................................... 21 Postal and Telecommunications Regulatory Authority of Zimbabwe Page 2 of 36 Telecommunications Licence For Network Services XXXXXXXX – NS2021xxxxxx 13.1.

Information Return ......................................................................................... 21 13.2.
Confidentiality ................................................................................................. 21 13.3.

Reporting .......................................................................................................... 21 14.

MONITORING AND INSPECTIONS .................................................. 21 14.1.

Access to Inspection ....................................................................................... 21 14.2.
Lawful Interception of Communication ...................................................... 22 15.

GENERAL CONDITIONS .................................................................. 22 15.1.

Operations of Network Services .................................................................. 22 15.2.

Discontinuation of Network Services ......................................................... 23 15.3.
Ownership ......................................................................................................... 23 15.4.

Transfer of Licence ......................................................................................... 23 15.5.

Amendment ..................................................................................................... 23 15.6.

Revocation / Suspension of the Licence ..................................................... 24 15.7.
Exercise of Powers .......................................................................................... 24 15.8.

Force Majeure .................................................................................................. 24 15.9.

Penalties ............................................................................................................ 25 15.10.

Indemnity ........................................................................................................ 25 15.11.
Fair Trading .................................................................................................... 25 16.

ISSUE OF LICENCE ......................................................................... 28 17.

SCHEDULE A: SERVICE AREAS .................................................... 29 18.

SCHEDULE B: DEFINITION OF TOWN NAMES ............................. 30 19.

SCHEDULE C: ROLLOUT TARGETS .............................................. 31 19.1.
Detailed rollout plan for the next five (5) years ....................................... 31 20.

SCHEDULE E: SPECTRUM ASSIGNMENTS AND ALLOTMENTS .

31 20.1.

General Terms and Conditions ....................................................................... 31 20.2.

Radio Spectrum Usage Fees ........................................................................... 32 20.3.

Requirements for Radio-communication Installations ................................. 32 20.4.
Frequency Allotments ...................................................................................... 33 20.5.

Frequency Assignments .................................................................................. 34 20.6.

SPECTRUM ASSIGNMENTS ........................................................................... 35 Postal and Telecommunications Regulatory Authority of Zimbabwe Page 3 of 36 Telecommunications Licence For Network Services 1.
DEFINITIONS XXXXXXXX – NS2021xxxxxx 1.1 In this licence, unless the subject matter or context otherwise requires, the following terms shall have the following meanings: (a) (b) (c) (d) (e) (f) (g) (h) (i) (j) (k) (l) Act – means the Postal and Telecommunications Act [Chapter 12:05].

Authority – means the Postal and Telecommunications Regulatory Authority of Zimbabwe (POTRAZ).

Bandwidth – means a measure of how much information can be sent through a connection.

Usually measured in bits-per-second.


Bit (binary digit) – means a single digit number in base-2, either a one (1) or a zero (0) and is the smallest unit of computerized data.

Byte – means a set of bits that represent a single character.

Usually there are 8 bits in a byte, sometimes more, depending on how the measurement is being made.

Domain name– means the unique name that identifies an Internet site.

Domain names always have 2 or more parts, separated by dots.
The part on the left is the most specific, and the part on the right is the most general.

A given machine may have more than one domain name but a given domain name points to only one machine.

Electronic mail, most commonly referred to as email or e-mail, is a method of exchanging digital messages from an author to one or more recipients.

Modern email operates across the Internet or other computer networks.
Internet Service Provider (ISP) – means a licensed service provider who provides data and Internet services for access by customers.

Internet – means the vast collection of inter-connected networks that all use the TCP/IP protocol or compatible protocols.

Internet Protocol (IP) Address - a unique string of numbers and or letters separated by full stops that identifies each electronic device/computer using the Internet Protocol to communicate over a network.
Internet service provider (ISP) – means an institution that provides Internet service using access capacity from a licensed operator.

Leased line– means a telecommunications line that is rented exclusively 24 hours, 7 days a week for use from one location to another location.

(m) Licensee – means XXXXXXXXXXX.

(n) MODEM – means MOdulator and DEModulator, a device that connects a computer to a phone line thus allowing the computer to talk to other computers through the telecommunication system.
(o) Network availability – means a measure of the degree to which the Data and Internet network is operable and not in a state of failure or outage, in a given observation period.
Postal and Telecommunications Regulatory Authority of Zimbabwe Page 4 of 36 Telecommunications Licence For Network Services XXXXXXXX – NS2021xxxxxx (p) (q) (r) Public Switched Telephone Network (PSTN) – means the infrastructure of physical switching and transmission facilities that is used to provide the telephone and other telecommunication services to the public.

System accessibility – means the ease with which users are able to access the network.
Transmission control protocol/Internet protocol (TCP/IP) – means the suite of protocols that defines the Internet.

Postal and Telecommunications Regulatory Authority of Zimbabwe Page 5 of 36 Telecommunications Licence For Network Services 2.

INTERPRETATIONS 2.1.

General XXXXXXXX – NS2021xxxxxx 2.1.1.

Any reference to this licence shall include its attachments and schedules.

2.1.2.
2.1.2.

The use of headings herein and the division into clauses is for the convenience of reference only and shall not affect the construction or interpretation of the licence.

References to clauses and appendices are to clauses and appendices of the licence, unless expressly provided for, to the contrary.

2.1.3.

In this licence, unless otherwise stated, words and terms used shall have the same meaning as defined in the Postal and Telecommunications Act, [Chapter 12:05] 2.1.4.
Words importing the singular shall include the plural and vice versa.

Words denoting persons shall include juristic persons and associations of persons and vice versa.

2.2.

Law 2.2.1.

This licence shall be governed by the laws of Zimbabwe.

2.2.2.

The Licensee shall comply with all laws of Zimbabwe applicable to its operations, including all decisions, rules and instructions issued in accordance with the Postal and Telecommunications Act, [Chapter12:05].

3.

DOMICILIUM CITANDI ET EXECUTANDI 3.1.


Physical contacts 3.1.1.

The Authority elects for the purpose of this licence, the following address as its domicilium citandi et executandi: 1008 Endeavour Close, Mt.

Pleasant Business Park Mount Pleasant Harare 3.1.2.

XXXXXXX elects for the purpose of this licence, the following address as its domicilium citandi et executandi: 3.1.3.

Either party shall give fourteen (14) days written notice of change of address.

3.2.

Notices and Correspondence 3.2.1.


All Notices and correspondences shall be in writing and addressed to the for the Managing Director, Director General, for POTRAZ and to Postal and Telecommunications Regulatory Authority of Zimbabwe Page 6 of 36 Telecommunications Licence For Network Services XXXXXXXX – NS2021xxxxxx XXXXXXXXX, at the above addresses respectively, or at the following Postal Addresses: For POTRAZ For XXXXXXXX 1008 Endeavour Close Mt Pleasant Business Park P.O.

Box MP 843 Mt.
Box MP 843 Mt.

Pleasant Harare 4.

COMMENCEMENT AND PERIOD OF LICENCE 4.1.

Notwithstanding the date of signing of this licence document, the commencement date of the licence shall be xx xx xx.

4.2.

This licence shall be valid for a period of twenty (20) years calculated from the commencement date, and may be renewed by the Authority, upon application by the Licensee, in writing to the Authority, at least three (3) years before the expiration of the term of the licence.

4.3.
4.3.

The Licensee shall give notice of its intention not to renew the licence, at least three (3) years before the expiration of the licence period.

4.4.

The Licensee shall give notice of its intention to terminate the licence at least three (3) years before the date of the proposed termination date, or at any other time, other than the time referred to Clause 4.3.

5.

SCOPE OF THE LICENCE 5.1.

Licensed System 5.1.1.


The licence authorises the licensee to construct, install and operate a telecommunication Licensed Systems that permit conveyance of electronic signals by wire, electromagnetic signals by radio and optical signals by means of fibre optic cable.

5.1.1.1. microwave transmission systems 5.1.1.2. switching/routing systems 5.1.1.3.

5.1.1.4. public land mobile networks terrestrial fixed and wireless networks 5.1.2.
The Licensed Systems also include communication networks established over other utility infrastructure such as electricity pylons and cable television networks among others to the extent that they are used for the purpose of transmitting telecommunication signals.

Postal and Telecommunications Regulatory Authority of Zimbabwe Page 7 of 36 Telecommunications Licence For Network Services XXXXXXXX – NS2021xxxxxx 5.1.3.
The Licensee shall be required to obtain separate permission from the Authority for utilization of resources such as radio-frequency spectrum and numbering in case such resources are required, subject to the assignment terms, conditions and procedures as may be prescribed by the Authority from time to time.

5.1.4.
5.1.4.

The Licensee is authorised to connect the Licensed Systems to: 5.1.4.1. other telecommunication systems and platforms operated under a licence granted by the Authority in accordance with the Act; 5.1.4.2. any telecommunication apparatus approved for connection by the its Type-Approval and Certification in accordance with Authority requirements.

5.1.5.
5.1.5.

All equipment and devices comprising the Licensed Systems shall in all respects conform to International Standards approved by the Authority and conform to the regulations as may be issued from time to time.

5.2.

Limitations 5.2.1.

This licence shall not be construed as granting an exclusive right to the Licensee to provide the Licensed Service.

5.2.2.
5.2.2.

This licence replaces any licence or any exemption from licensing, however described, which the Authority may have granted to the Licensee for providing the service.

5.2.3.

The grant of this licence does not authorise the Licensee to do anything that infringes on any right to provide telecommunication circuits or services granted under any other licence issued by the Authority.

6.

FEES 6.1.

Licence Fees 6.1.1.


The fees payable by the Licensee to the Authority shall be as follows: a) Initial licence fees as prescribed from time to time; b) Annual licence fees as prescribed from time to time; c) An annual contribution to the Universal Service Fund (USF) as prescribed from time to time; and d) Licence renewal fees as prescribed from time to time, to be paid upon application for renewal.
Postal and Telecommunications Regulatory Authority of Zimbabwe Page 8 of 36 Telecommunications Licence For Network Services 6.2.

Other Fees 6.2.1.

Number fees XXXXXXXX – NS2021xxxxxx The Licensee shall pay an annual number usage fee, in advance, at the rate prescribed by the Authority from time to time as applicable.

6.2.2.

Radio frequency spectrum fees The Licensee shall pay an annual frequency usage fee, in advance, at the rate prescribed from time to time.

7.
7.

PROVISION OF UNIVERSAL ACCESS AND SERVICE 7.1.

Universal Service Provision 7.1.1 The Licensee shall provide Network Services covering rural underserved and unserved areas to cater for marginalised communities.

7.1.2.

The licensee shall ensure that its services and products are accessible to persons living with disabilities as prescribed in guidelines or regulations.

7.2.

Non-Discrimination 7.2.1.

The Licensee shall provide the Network Services on a non-discriminatory basis.

7.3.
7.3.

Community service obligations 7.3.1.

The Licensee is expected to comply with Universal Service Obligation of rolling out Network Services equitably paying particular regard to under-served suburbs, rural and peri-urban areas.

7.4.

Emergency Call Services 7.4.1.


The licensee shall provide a public emergency call service by configuring the national emergency numbers prescribed by the Authority to deliver free of charge emergency traffic generated on its network to public Emergency Response Centres to be routed to appropriate local Emergency First Responders.

7.4.2.
7.4.2.

In case of a major disaster such as earthquakes, floods and similar events or any other situation of emergency or a crisis of either local, regional or national crisis and similar events that require emergency communication services, the Licensee shall provide the necessary connectivity to the Government giving priority to the support activities required to overcome the emergency.

For this purpose, the Licensee shall comply with and follow the instructions of the Authority as may be directed.
7.4.3.

In case the emergency or crisis is related to aspects of national security, the Licensee shall co-ordinate with the competent entity indicated by the Authority and provide the necessary services in accordance with the instructions of the Authority or the competent entity indicated thereto.

Postal and Telecommunications Regulatory Authority of Zimbabwe Page 9 of 36 Telecommunications Licence For Network Services XXXXXXXX – NS2021xxxxxx 7.4.4.
The Licensee may be entitled to reimbursement by the Government of its direct costs for the provision of the services mentioned in 7.4.2 and 7.4.3 if the Authority is convinced such costs are reasonable after evidence of such incurred costs is provided thereof.

8.

SERVICE PROVISION 8.1.

Network Services Agreement 8.1.1.

The licensee shall prepare a Standard Service provision agreement for use with individual licensed operators.
The Licensee shall file the Standard Service provision agreement and amendments thereto from time to time, with the Authority for its approval prior to implementation.

8.1.2.

The licensee shall make the Network Services available without discrimination to individual licensed operators who wish to lease capacity.

8.1.3.
8.1.3.

The relationship between the Licensee and the licensed operators who become clients to the licensee shall be governed by the terms of a Service provision agreement that incorporates standard terms and conditions approved by the Authority.

8.2.

Content of Service Provision Agreement 8.2.1.


The Standard Service provision agreement shall include, at a minimum, the following terms and conditions: a) Deposits and alternative methods of providing security for payment where reasonably required based on mutually agreed upon terms.
b) Pricing or mechanisms by which prices are determined, c) Privacy of Communications, d) Confidentiality of licensed telecommunication operators’ information, e) Refunds or other rebates for system failure / over billing, f) Payment terms, including any applicable surcharge or interest, g) Minimum contract period, and h) Licensee and Client rights 8.2.2.
Complaints Handling System a) The Licensee shall establish an efficient and easy-to-use system to promptly receive process and respond to complaints, claims or suggestions by the licensed its Network Services infrastructure.
telecommunication operators on Postal and Telecommunications Regulatory Authority of Zimbabwe Page 10 of 36 Telecommunications Licence For Network Services XXXXXXXX – NS2021xxxxxx b) The Licensee shall make all reasonable efforts to resolve licensed telecommunication operators’ complaints or disputes without delay and without recourse to the Authority.
c) If a complaint is filed with the Authority in connection with any dispute between the Licensee and a licensed telecommunication operator regarding any activity that is the subject of this Licence, the Authority may settle the dispute and both parties are obliged to abide by the decision of the Authority.

8.2.3.

Code of Commercial Practice 8.2.3.1.

The licensee shall produce a Code of Commercial Practices for approval by the Authority.
Once approved, the Code of Commercial Practice shall be binding on the Licensee and shall include, at a minimum, provisions covering the following issues: a) A commitment to take steps to remedy service interruptions or system failures as soon as reasonably possible and to provide reasonable credits to the licensed telecommunication operators for lengthy outages.

b) Protection of the privacy of information transmitted over the Network Services infrastructure of the licensee.
c) Maintenance by the Licensee of the confidentiality of licensed telecommunication operators’ information.

d) Procedures for resolving complaints between Licensee and licensed telecommunication operators.

8.2.4.

Privacy of communication 8.2.4.1.


The Licensee shall not monitor or disclose the contents of any communication conveyed over its Network Services infrastructure except to the extent necessary for the purpose of maintaining or repairing any part of the infrastructure or monitoring the Licensee’s quality of service or otherwise as required by law.

8.2.4.2.
8.2.4.2.

The Licensee shall take reasonable measures to safeguard its Network Services infrastructure from unauthorized interception of communication carried on the infrastructure.

8.3.

Billing and Accounting 8.3.1.

Billing accuracy a) The licensee shall ensure that its billing system is accurate.

b) The Authority reserves the right to examine and test the billing system before and after it becomes operational in order to be satisfied of the accuracy of the billing system.
Postal and Telecommunications Regulatory Authority of Zimbabwe Page 11 of 36 Telecommunications Licence For Network Services XXXXXXXX – NS2021xxxxxx c) d) The Authority may appoint an independent agent to examine and/or test the licensee’s billing system on its behalf.
The licensee shall, where required by the Authority, produce a billing record for any subscriber that at the very minimum contain calling number, called number, date, time, balance before a call, duration of call, amount charged, balance after the call and any other detail as the Authority may deem necessary to enable it to discharge its duties with regard to this licence.

8.3.2.

Service usage record 8.3.2.1.


The Licensee shall provide, to each of its post-paid customers, except to the extent that a customer has agreed or requested otherwise, a basic level of itemised billing that indicates the date and time a service was consumed and volume and/or duration, at no extra charge to the customer for the first three printed pages.

Where appropriate, charges will be incurred for subsequent pages printed in terms of the prevailing tariff.

8.3.2.2.
8.3.2.2.

The Licensee shall ensure that each itemised bill shows a sufficient level of detail to allow verification and control of the charges incurred in using its telecommunications services.

8.3.2.3.

In the case of pre-paid customers, a detailed account record shall be provided upon request, at no cost to the customer for the first three printed pages.

8.3.3.

Non-payment of bills 8.3.3.1.
Where a Licensee’s customer has not paid the Licensee all or part of a bill for services provided, any measures taken by the Licensee shall: a) be proportionate and non-discriminatory; b) be in accordance with the Approved Customer Contract; c) give due warning in advance of any consequent service interruption or disconnection to the customer; and d) except in cases of fraud, persistent late payment or non-payment, ensure, as far as is technically possible that any service interruption is confined to the service concerned.
8.4.

Quality of Service 8.4.1.

The Licensee shall meet the quality of service requirements as set out in the Quality of Service Regulations, Schedule XX and any other requirements as may be prescribed by the Authority from time to time.

Postal and Telecommunications Regulatory Authority of Zimbabwe Page 12 of 36 Telecommunications Licence For Network Services XXXXXXXX – NS2021xxxxxx 8.4.2.
The Licensee shall enter into a Service Level Agreement (SLA) with a Requesting Licensee to ensure the connectivity service provided is of an agreed quality.

The Licensee shall file a Reference SLA with the Authority and publish it on its website.

8.4.3.

The licensee shall install its Network Services infrastructure using state-of-the- art technology and shall provide the network equipment in accordance with ITU or other International standards approved by the Authority.

8.4.4.
8.4.4.

The Licensee shall take reasonable and prudent measures to ensure that its Services are available at all times.

Any fault in any component of its network shall be repaired as promptly as possible.

8.4.5.

The Licensee shall ensure that its Network Services infrastructure does not fail, in any way, meeting or exceeding quality of service standards imposed on licensed telecommunication service providers and other licensed Network Services infrastructure providers making use of its network.

8.4.6.
8.4.6.

The Authority may carry out performance tests and evaluate Quality of Service parameters in licensee’s network at any time during the tenure of the license.

The licensee shall provide ingress equipment and any other support necessary for carrying out such tests.

8.4.7.
8.4.7.

The licensee shall ensure that at least ninety nine per cent (99%) of the total Network Services system remains functional round the clock and shall further ensure that appropriate measures are adopted to minimize the Network Services downtime and sufficient back-up mechanisms are available to licensed telecommunication service providers and licensed Network Services infrastructure providers in case of fault, such complaints shall be attended to and rectified promptly and up to the specified grade.
8.4.8.

The Licensee shall comply with Quality of Service standards set by the Authority as prescribed from time to time.

8.4.9.

The Licensee shall provide an interface(s) as specified by the Authority, for the purposes of monitoring Quality of Service.

8.5.

Network Standards 8.5.1.

The Licensee shall use any type of network equipment that meets the relevant ITU, IETF, ETSI, ISO or other telecommunication standards approved by the Authority.

8.5.2.
8.5.2.

The Licensee shall ensure that its Network Services is at all times interoperable and licensed telecommunication operators.
If the Licensee implements any new equipment or protocols in its network, the Licensee shall bear the cost of any modifications in its infrastructure required to maintain such interoperability and interconnectable with networks of other Postal and Telecommunications Regulatory Authority of Zimbabwe Page 13 of 36 Telecommunications Licence For Network Services XXXXXXXX – NS2021xxxxxx interconnectibility with the infrastructure of other licensed Network Services providers and licensed telecommunication service providers.
8.5.3.

The licensee shall ensure that the interface tests shall be carried out by mutual agreement with the licensed telecommunication operators.

8.6.

Type Approval of Terminal Equipment 8.6.1.


The Licensee shall not install or permit the installation of any Terminal Equipment on its network that is not: a) type approved or otherwise permitted by the Authority, or b) type approved by an approved telecommunications equipment type approval agency or an approved telecommunications equipment testing laboratory in a member country of the Organization of Economic Cooperation and Development (OECD).

8.6.2.
8.6.2.

The Licensee shall not install or connect or permit the installation or connection of any Terminal Equipment or type of Terminal Equipment not approved by the Authority.

9.

RIGHTS OF ACCESS 9.1.


The Licensee shall seek rights of access necessary for permission to install and maintain the licensed network on public rights-of-way, in public buildings and other public property, and in respect of similar works necessary for the provision of the licensed services as specified in the Third Schedule of the Act.

9.2.
9.2.

In the course of constructing or maintaining any licensed network of the Licensee, the Licensee may, by its officers or agents duly authorized in writing and on production of the authority, cut or remove from any street, high-way or land, any tree or branch or other parts of a tree, tending to interfere with, endanger or otherwise prejudicially affect the operation of such licensed network.

9.3.
9.3.

In exercising this right, no person shall enter any land without the consent of the owner or occupier until after the expiration of fourteen (14) days’ notice in writing given to the owner or occupier or posted up conspicuously upon the property.

9.4.

If such owner or occupier, within fourteen (14) days from the service or posting up of such notice gives written objection thereto, the Licensee may not enter upon the private land in question without first having obtained the necessary Court Order.
Postal and Telecommunications Regulatory Authority of Zimbabwe Page 14 of 36 Telecommunications Licence For Network Services XXXXXXXX – NS2021xxxxxx 9.5.

Where any condition exists that is dangerous and relates to the provision of the licensed services by the Licensee, the Licensee may immediately enter upon land and take whatever reasonable action is necessary and expedient to establish safe conditions thereon.

9.6.
9.6.

Where the Licensee takes action under Clause 9.5 above, the Licensee must within three (3) days thereof, inform the owner or occupier of the land in question (either by service of a written notice on him or by posting up conspicuously a notice on such land) of the action taken.

9.7.
9.7.

In the exercise of any powers under this Clause, the Licensee shall cause as little inconvenience or damage as is reasonably practicable and the Licensee is liable to pay compensation to any person who suffers damage to his property in consequence of the exercise of such powers by the Licensee.

For the avoidance of doubt, this Clause shall apply to public lands, public buildings and other public property.

10.

NETWORK SERVICES ROLLOUT 10.1.

Network Services Rollout 10.1.1.


The Licensee shall fulfil the Network Services rollout requirements set out in Schedule XX of this licence and as may be reviewed by the Authority periodically.

10.1.2.

In rolling out the Network Services, the Licensee shall ensure that at least thirty (30) percentage (%) of the services shall be rolled out in underserved suburbs, rural or peri-urban areas.

10.2.

Network Services Administration 10.2.1.


Plans and records of the network a) The licensee shall submit the complete description of the Network Services plan and complete technical details of the infrastructure together with specification of equipment to be connected including a detailed map as part of requirements for licensing.
b) The licensee shall keep plans and records, including but not limited to overall radio-communication cable installations provided under this licence and any other details concerning the Network Services as may be reasonably required by the Authority.

telecommunication and route maps, the c) When required by the Authority or a person authorised by law, the Licensee shall make the network information available, within reasonable time.

10.2.2.
10.2.2.

Changes to the network Postal and Telecommunications Regulatory Authority of Zimbabwe Page 15 of 36 Telecommunications Licence For Network Services XXXXXXXX – NS2021xxxxxx 10.2.2.1.

The Licensee shall not, without the prior consent in writing of the Authority, make any material changes to the network that might reasonably be anticipated to affect: a) any telecommunication service or installation connected to the network; b) another Licensee; c) a customer.

10.2.2.2.
10.2.2.2.

The Licensee shall seek approval from the Authority for proposed material changes to the network and shall provide the Authority with information on disruptions due to such changes including the duration thereof.

10.2.2.3.

The Licensee shall, within such reasonable time and in such manner and at its own expense, alter the course, depth, position or mode of attachment of any apparatus forming part of its network as may be directed by the Authority.

10.2.2.4.
10.2.2.4.

The Licensee shall notify the affected stakeholders of any disruptions due to approved material changes to the network.

10.2.3.

Network location 10.2.3.1.

A Licensee shall obtain the consent of the concerned Ministry, local authority, district office or other private concern, before commencement of any installation works for its network under, in, over or upon any land.

10.2.3.2.
10.2.3.2.

The Licensee shall, at the request of the relevant local authority, the Authority or any person who intends to undertake works in the vicinity of the network and who is authorised to do so by the relevant authorities or the Authority, provide free of charge, information about the location of the network in diagrammatic or other approved form.

10.2.3.3.
10.2.3.3.

The Licensee shall mark or otherwise identify cables laid by the Licensee or by any contractor on its behalf so as to distinguish or identify them from those of other licensed operators.

10.2.4.

Requirements of installation of lines or cables 10.2.4.1.

The Licensee shall establish its network in accordance with the plan submitted to the Authority by the Licensee with the initial application form.

10.2.4.2.
10.2.4.2.

The Licensee shall ensure that the network, or any part of it, if installed under, in, over and upon any public street or state land, shall be at a depth, course, route and position as may be determined by the relevant authorities.

Postal and Telecommunications Regulatory Authority of Zimbabwe Page 16 of 36 Telecommunications Licence For Network Services XXXXXXXX – NS2021xxxxxx 10.2.4.3.
Without prejudice and in addition to the provisions of the law, in the course of providing, establishing, operating, adjusting, altering, replacing, removing or maintaining the network for the purpose of this licence or any part of it, the Licensee shall: a) exercise all reasonable care and cause as little inconvenience as possible to the public and as little damage to property as possible.
b) make good any physical damage caused to any person having a lawful interest in the land or being lawfully thereon and reinstate the land within a reasonable time in a good workmanship manner.

When it is not practicable to make good any damage or to reinstate the land to the condition in which it existed prior to the damage, the Licensee shall pay, promptly and fully, compensation for any damage caused to any person having an interest or right in the land affected.

10.2.5.
10.2.5.

Works in public streets 10.2.5.1.
Where in the course of installing or maintaining the network the Licensee needs to open or break up any public street, the Licensee shall: a) apply to the relevant authorities for permission to open or break up the public street; b) complete the works for which the Licensee has opened or broken up the public street with all due speed and diligence, fill in the ground and remove all construction related debris and/or refuse caused by its works; c) maintain the site of the works in a safe manner including fencing off the site and the installation as necessary with warning tape and adequate lighting at night; and d) Reinstate the street immediately after the completion of the works to the satisfaction of the relevant authorities.
10.2.5.2.

If the Licensee fails, within any period specified by the relevant authorities, to observe any of the above requirements, the relevant authorities may take action to remedy the failure.

The Licensee shall reimburse the relevant authorities any such sum as may be certified by that relevant authority to be the reasonable cost of executing any works under the terms of this clause.

10.2.5.3.
10.2.5.3.

The Licensees shall co-ordinate and co-operate with any other licensed operator or authorised person in respect of road openings and shall, after being consulted by the local authority, comply with any regulations or guidelines issued by that authority.

10.2.5.4.
Where, in the course of installing or maintaining the network, the Licensee after obtaining the approval of the relevant authorities, breaks up Postal and Telecommunications Regulatory Authority of Zimbabwe Page 17 of 36 Telecommunications Licence For Network Services XXXXXXXX – NS2021xxxxxx or opens any public street, it shall not remove, displace or interfere with any telecommunication line, water pipe or any drain or sewer or any tube, casing, duct, wire or cable or any other installations installed by any other person, without that other person's consent.
10.2.6.

Safety 10.2.6.1.

The Licensee shall take proper and adequate safety measures for safeguarding life and property in connection with all installations, equipment and apparatus operated or used, including safeguarding against exposure to any electrical or radiation hazard emanating from the installations, equipment or apparatus used under this licence.

10.2.6.2.
10.2.6.2.

The Licensee will ensure that any of its telecommunication installation does not become a health, environmental or a safety hazard and is not in contravention of any statute, rule, code of practice, guideline or regulation, on public safety.

10.2.6.3.
10.2.6.3.

The Licensee shall comply with the safety requirements laid down in the Postal and Telecommunications ( Human Exposure to Non-Ionising Electromagnetic Field Radiation), Regulations 2017 as amended from time to time, any safety specification issued by the Authority and any directions of the Authority or other relevant authorities in relation to any safety matter.

10.2.7.

Services requiring spectrum usage 10.2.7.1.

The Licensee may apply for use of radio spectrum as necessary.

10.2.7.2.
10.2.7.2.

Assigned frequencies shall be used in accordance with terms and conditions specified in the Postal and Telecommunications (Licensing, Registration and Certification), Regulations 2021 as amended from time to time, Schedule X and in accordance with the Zimbabwe National Frequency Allocation Plan.

10.3.

Interconnection 10.3.1.

Interconnection procedures shall be in accordance with the applicable Regulations.

10.3.2.
10.3.2.

The Licensee shall permit a Requesting Licensee to connect its licensed systems to: a) other telecommunication systems and platforms operated under a licence granted by the Authority in accordance with the Act; b) any telecommunication apparatus, which is, approved for connection by the Authority in accordance with its Type-Approval and Certification requirements.
Postal and Telecommunications Regulatory Authority of Zimbabwe Page 18 of 36 Telecommunications Licence For Network Services XXXXXXXX – NS2021xxxxxx 10.3.3.

All equipment and devices comprising the Licensed Systems shall in all respects conform to International standards approved by the Authority through regulations issued from time to time.

10.3.4.

The Licensee shall provide the licensed services on a fair, transparent and non- discriminatory basis.

10.3.5.
10.3.5.

Interconnection between the Infrastructure Services of the Licensee and that of other licensed telecommunication service providers and licensed Network Services infrastructure providers shall be governed by the Interconnection Regulations as prescribed by the Authority.

10.3.6.

All interconnection or other agreements between the Licensee and any other person licensed or otherwise permitted to provide public telecommunication service in Zimbabwe shall be filed for approval with the Authority.
The Licensee shall not give effect to any such agreement until it has been approved by the Authority.

The Authority shall be deemed to have approved any such agreement thirty (30) days after it is filed unless it gives written notice of disapproval to the Licensee prior to the expiry of that thirty (30) day period.

10.3.7.

The approved interconnection agreement remains valid until replaced by another approved superseding agreement.

10.4.

Infrastructure Sharing 10.4.1.


The Licensee shall, when establishing the Licensed Systems, take into account the need for equipment co-location and/or infrastructure sharing with other licensees and shall comply with relevant regulations or guidelines that the Authority may be published from time to time.

10.4.2.

The Licensee shall allow other licensees to co-locate, share infrastructure and other facilities on terms that are reasonable, just and non-discriminatory.

10.4.3.
10.4.3.

The Licensee shall ensure that any infrastructure co-location and/or sharing arrangement is provided under an appropriate written agreement that shall, among other things, guarantee reasonable access and security.
For this purpose, the Licensee shall make available a co-location/infrastructure sharing offer on its website in accordance with Infrastructure sharing regulations as prescribed by the Authority and a signed agreement shall be filed with the Authority within thirty (30) days of execution.

10.4.4.
10.4.4.

If the Authority determines that a Licensee possesses a Significant Market Position in the market, the Licensee shall comply with orders of the Authority that are intended to promote competition in respect of that market.

Postal and Telecommunications Regulatory Authority of Zimbabwe Page 19 of 36 Telecommunications Licence For Network Services 11.

Numbering 11.1.

Use of numbering resources XXXXXXXX – NS2021xxxxxx 11.1.1.
The Licensee shall operate the Licensed Systems in accordance with the national Numbering Plan unless and until the Authority, upon reasonable notice, prescribes a new numbering plan amending or replacing the initial Numbering Plan.

11.1.2.

The Licensee shall be required to facilitate the provision of Number Portability Service within their systems and be ready for implementation if approved by the Authority as part of its mandate.

12.

TARIFFS 12.1.

Tariff Regime 12.1.1.


Except as otherwise provided in this Licence or as required by law, the Licensee is free to set prices for the telecommunication Network Services as it may deem reasonable.

12.1.2.

If the Authority determines for any telecommunication Network Services are unfair and unreasonable to licensed telecommunication operators, the Authority may regulate the Licensee’s prices, terms and conditions for lease of the Network Services infrastructure.
the Licensee’s prices that 12.1.3.

The licensee shall comply with all requirements regarding publication of prices, terms and conditions, notifications and display of price levels information as directed by the Authority.

12.1.4.

The Licensee shall comply with the Authority’s orders and determinations relating to the Licensee’s prices, terms and conditions for those Licensed Network Services as given under this licence.

12.2.
12.2.

Tariff For Telecommunications Network Services Licensee with a Significant Market Position (SMP) 12.2.1.

If the Authority determines that the Licensee possesses SMP in a relevant market, the Authority may regulate the Licensee’s prices, terms and conditions, for those Licensed Network Services where the Licensee possesses SMP.

12.2.2.
12.2.2.

The method to regulate the prices shall be determined by the Authority, in accordance with the Rules and Regulations applicable for the purpose and may include a requirement for prior Authority approval of any price, terms and condition or the maximum or minimum price, or both, for the Licensed Network Services.

Postal and Telecommunications Regulatory Authority of Zimbabwe Page 20 of 36 Telecommunications Licence For Network Services 13.

PROVISION OF INFORMATION 13.1.


Information Return XXXXXXXX – NS2021xxxxxx 13.1.1.

The licensee shall submit a complete description of network schematic diagrams with actual topographical and physical coordinates of its planned network before embarking on its construction.

13.1.2.

While establishing the network systems, the Licensee shall ensure that the Network Control and Management Centre is located in Zimbabwe.

13.1.3.
13.1.3.

The licensee shall furnish such information as the Authority may request regarding the Licensee’s network plan, network and terminal equipment standards, links established / utilized, financial information, costs and accounts or any such other information as the Authority may from time to time require.

13.2.

Confidentiality 13.2.1.

The Authority shall hold all information furnished by the Licensee to the Authority and marked “confidential”, in confidence.
The Authority may release such information only to the extent it is required by law.

13.2.2.

The Licensee shall hold all information furnished by the Authority marked “confidential”, in confidence.

The Licensee may not release such information or part thereof to any part expect to the extent required by law.

13.2.3.

This requirement of confidentiality shall continue after the termination or expiry of this licence or revocation of the licence.

13.2.4.
13.2.4.

The Licensee shall ensure the privacy and confidentiality of proprietary information and business secrets obtained in the course of its business from any person to whom it provides the Licensed Systems by establishing and implementing reasonable procedures for maintaining confidentiality of such information.

13.3.

Reporting The licensee shall submit regular annual Regulatory Reports on its service provision in writing to the Authority and on any occasions as the Authority may require.

14.
14.

MONITORING AND INSPECTIONS 14.1.

Access to Inspection 14.1.1.

Inspections shall be carried out in terms of the Act.

14.1.2.
The Licensee shall, upon request, grant unlimited access to all its Network Services, installation sites, office records, and any equipment associated with Postal and Telecommunications Regulatory Authority of Zimbabwe Page 21 of 36 Telecommunications Licence For Network Services XXXXXXXX – NS2021xxxxxx its Network Services in Zimbabwe, to all inspectors of the Authority or law enforcement agency during normal working hours or, following prior written notice for access after working hours, for purposes of verifying the performance by the Licensee of its obligations under this licence.
14.1.3.

The Licensee shall provide, at its own cost, suitable equipment at premises designated by the Authority, in order to measure and record traffic and quality of service in a manner specified by the Authority.

The Licensee shall provide the Authority with access to such equipment, and the information generated by such equipment.

14.1.4.

The licensee shall provide, upon request by the Authority, any information it requires during an inspection.
Such information shall be generated from the systems in the presence of Authority’s inspectors at the time of the inspection.

14.1.5.

The Licensee may provide a representative to be present at any such inspection, testing, reading or measurement.

14.1.6.

The mere fact that the Licensee has not provided a representative shall not invalidate the findings of the Authority’s inspectors.

14.2.

Lawful Interception of Communication 14.2.1.


The Licensee shall comply with the requirements of the Interception of Communications Act, [Chapter 11:20] 15.

GENERAL CONDITIONS 15.1.

Operations of Network Services 15.1.1.

The Licensee shall conduct its operations and establish its Network Services in such a manner that it is not a safety hazard and is not in contravention of any law, rule or regulation.

15.1.2.
Upon being informed by the Authority that a telecommunication service provider’s licence issued by the Authority has been suspended or terminated, the Licensee shall as promptly as practical in the circumstances, disconnect its Network Services from the telecommunication system of that telecommunication service provider, and discontinue providing the Network Services to that Operator, until such time as the Authority informs the Licensee that the telecommunication service provider ’s licence has been restored or renewed by the Authority.
15.1.3.

The location of all the components of licensee’s network shall be in conformity with the plans approved by the Authority and other government agencies (if required) and the cable shall be moved or shifted by the licensee at its own cost if needed in the public interest, security, defence or improvement of public amenities.

Postal and Telecommunications Regulatory Authority of Zimbabwe Page 22 of 36 Telecommunications Licence For Network Services XXXXXXXX – NS2021xxxxxx 15.1.4.
The licensee shall not cross-subsidise the business under the licence through financial resources acquired by him from other licences held by him in Zimbabwe.

This clause is aimed at preventing any anti-competitive behaviour in the market.

15.2.

Discontinuation of Network Services 15.2.1.

Interruption of the licensed services and platforms 15.2.1.1.
The Licensee shall not intentionally interrupt or suspend the provision of any type of Licensed Services and platforms without first notifying the Authority in writing and having provided reasonable advance notice to persons affected by such interruption or suspension.

15.2.1.2.
15.2.1.2.

In the event of an unintentional/unforeseen interruption of the Licensed Services or part thereof, which are significant in nature, the Licensee shall inform the public and notify the Authority in writing within 24 hours outlining the cause of such interruption and the steps being undertaken to rectify such interruption.

15.2.1.3.
15.2.1.3.

The licensee shall not discontinue, terminate or wind up its Network Services without prior approval of the Authority unless; a) The Licensee serves a three (3) years’ notice to all concerned parties and to the Authority prior to winding up its Network Services.

b) The licensee settles all claims, obligations and accounts with other licensed telecommunication operators and the Authority prior to winding up its operation.

15.3.

Ownership 15.3.1.


The holder of this licence shall be incorporated in Zimbabwe.

15.3.2.

Any changes in information submitted to the Authority by the Licensee at the time of application for this licence should be reported to the Authority without delay 15.3.3.

Substantial changes, where a shareholder acquires or transfers more than ten (10) percent of the shareholding at any stage must be approved by the Authority before it is implemented.

15.4.

Transfer of Licence 15.4.1.


The licence shall not be assigned or otherwise transferred or pledged.

15.5.

Amendment 15.5.1.

The Authority may amend the licence conditions in accordance with the Act as read with relevant Regulations.

Postal and Telecommunications Regulatory Authority of Zimbabwe Page 23 of 36 Telecommunications Licence For Network Services XXXXXXXX – NS2021xxxxxx 15.6.

Revocation / Suspension of the Licence 15.6.1.
The Authority may revoke or suspend this licence: (a) (b) (c) In terms of Section 43 of the Act as read with the regulations; On a material breach as specified in the Act or Regulations;, On written notice to the Licensee; (i) If the Licensee by omission or commission is in recurrent, persistent or material contravention of any of the terms or conditions of this licence; (ii) If the Licensee agrees in writing to such cancellation; (iii) If the Licensee is placed into liquidation, whether voluntarily, compulsorily or is placed under judicial management; (iv) If the Licensee takes steps to de-register its company or the company is de-registered; and (v) For reasons of breaching national security (d) Notice of cancellation or suspension shall not be less than sixty (60) days.
15.7.

Exercise of Powers 15.7.1.

In exercising any powers granted to the Authority in terms of the law, the Authority shall; (a) Act reasonably, having regard to all surrounding circumstances, (b) Prior to exercising any power, afford the Licensee every reasonable opportunity to make representations to the Authority in respect of all relevant issues, (c) Provide timely information at the request of the Licensee and furnish written reasons for any decisions made.

15.7.2.
15.7.2.

This Licence is subject to the terms and conditions contained herein and to the Act, Rules and Regulations respectively.

In the event of any conflict or inconsistency between the provisions of this Licence, and the provisions of the Act, Rules or Regulations, the provisions of the Act, Rules and Regulations shall prevail.

15.7.3.

Within a period of ninety (90) days of the date of cancellation of this licence, the Authority may re-tender the licence.

15.8.

Force Majeure 15.8.1.
Force Majeure refers to an event or accident which is beyond the control of the Licensee that includes but not limited to: 15.8.1.1. acts of God, action by or against enemies of the State, riot or civil commotion; 15.8.1.2. strikes, lock-outs, insurrection and other industrial disturbances; Postal and Telecommunications Regulatory Authority of Zimbabwe Page 24 of 36 Telecommunications Licence For Network Services XXXXXXXX – NS2021xxxxxx 15.8.1.3. wars, blockades or other wartime or emergency controls imposed by Government; 15.8.1.4. earthquake, hurricane, flood, fire, or explosions; 15.8.1.5. outbreak of pestilence or epidemics; and 15.8.1.6. embargoes or trade restrictions.
15.8.2.

Any failure by the Licensee to comply with any obligation, terms or conditions of the licence shall be excused to the extent that it is caused by Force Majeure event.

including extreme weather conditions, fire, war or civil strife.

15.8.3.

The Licensee shall use reasonable endeavours to minimise the impact on its operations of any event of this nature and to remedy, if possible, the failure, or make good the delay.

15.8.4.
15.8.4.

The Licensee shall keep the Authority informed of any problems that may be encountered, their consequences on its operations and the steps it is taking to address the problems.

15.8.5.

The Licensee shall not be in breach of this Licence if and to the extent that it is prevented from fulfilling its obligations by reason of Force Majeure.

15.9.

Penalties 15.9.1.


The Licensee shall be required to pay penalties prescribed in the penalties regulations for any breaches to this licence document, the regulations and instructions or directives given in terms of the Law.

15.10.

Indemnity 15.10.1.


The Licensee shall indemnify the Authority against any losses, claims, charges or expenses, actions, damages or demands, which may be made against the Authority by any third party, as a result of, or in relation to the activities of the Licensee, its service providers, servants, or agents, in connection with the provision of the service or the construction, operation, development, extension, or use of the network.

15.11.

Fair Trading 15.11.1.


Without prejudice to other obligations imposed on the Licensee under this Licence, the Licensee shall not engage in any activities, whether by omission or commission, which have, or are intended to or likely to have, the effect of unfairly preventing, restricting or distorting competition in Zimbabwe, in relation to any business activity relating to the Licensed Systems.
Without limiting the generality of the foregoing, any such omission or commission shall include: a) any abuse by the Licensee, either independently or with others, of a dominant position in Zimbabwe; Postal and Telecommunications Regulatory Authority of Zimbabwe Page 25 of 36 Telecommunications Licence For Network Services XXXXXXXX – NS2021xxxxxx b) entering into any contract or engaging in any concerted practice with any other party, that unfairly prevents, restricts or distorts competition in Zimbabwe, or c) effecting anti-competitive changes in the market in Zimbabwe and in the particular, anti-competitive mergers and acquisitions communications sector.
in d) levying charges to its competitors or interconnecting parties, that unfairly limit competitors’ or interconnecting parties’ competitiveness.

15.11.2.
15.11.2.

The Licensee shall not show undue preference to, or exercise undue discrimination against, particular persons or persons of any class or description in respect of: (a) the provision of any telecommunication services, (including, without limitation, maintenance services), in accordance with any obligations imposed by this licence, (b) The quality and terms of any interconnection services provided by the Licensee to a network operator under any agreement between them.

15.11.3.
15.11.3.

The Licensee may be deemed to have shown undue preference or undue discrimination as described in Clause 15.11.2 if the Authority determines that the licensee unfairly favours to a material extent, any business owned by it, so as to place at a significant competitive disadvantage, persons lawfully competing with that business.

15.11.4.
The Licensee shall not make it a condition of: (a) Providing any telecommunication service in Zimbabwe by means of the Licensed Services, (b) Supplying any telecommunication apparatus in Zimbabwe for connection to the licensed network, or (c) Connecting any telecommunication apparatus or system in Zimbabwe to the Licensed Network; that any person requesting the telecommunication service, apparatus or connection concerned, should acquire from the Licensee or any other person specified by it, any telecommunication service other than the particular telecommunication service requested, except where the telecommunication service requested cannot otherwise be provided, or the telecommunication apparatus requested cannot otherwise reasonably be used, without the other telecommunication service.
Postal and Telecommunications Regulatory Authority of Zimbabwe Page 26 of 36 Telecommunications Licence For Network Services XXXXXXXX – NS2021xxxxxx 15.11.5.
The Licensee shall not alone or together with others, engage in or continue or knowingly acquiesce in any anti-competitive practices and, in particular, the Licensee shall: (a) not engage in any cross-subsidization; (b) not engage in the abuse of its dominant position, if any; (c) not enter into any exclusive arrangements with third parties for the location of its network that are acquired to provide the service; (d) not enter into any agreements or undertakings with any person, including Suppliers, that compete with the Service, that have as their objective or effect, the fixing of prices or any other restraint on competition; (e) not engage in any anti-competitive tied or linked sale practices, provided that, the Licensee may bundle services, as long as the bundled services are also available separately; and (f) not use information obtained from competitors, if the object or effect of such use is anti-competitive.
15.11.6.

If the Licensee is aggrieved by the decision of the Authority, he may appeal to the Minister in terms of Section 96 of the Act.

Postal and Telecommunications Regulatory Authority of Zimbabwe Page 27 of 36 Telecommunications Licence For Network Services 16.
ISSUE OF LICENCE XXXXXXXX – NS2021xxxxxx This Telecommunications Network Services Licence is issued to xxxxxxxxx, by the Postal and Telecommunications Regulatory Authority of Zimbabwe, in terms of the Postal and Telecommunications Act [Chapter 12:05].
Thus signed at Harare on this …………….. day of ………………..…………… xxx For and on behalf of the Postal and Telecommunications Regulatory Authority of Zimbabwe (POTRAZ): …………………………………… POTRAZ Board Chairman ……………………………… POTRAZ Director General Acknowledgement The Licensee acknowledges having read and understood the terms and conditions of the licence on this ---------- day of-----------------xxxxx Signed: ________________________________ For and on behalf of xxxxxxxxxxx (Private) Limited Designation: _____________________________ As Witnesses: 1:------------------------------------------- 2:------------------------------------------- Postal and Telecommunications Regulatory Authority of Zimbabwe Page 28 of 36 Telecommunications Licence For Network Services 17.
SCHEDULE A: SERVICE AREAS XXXXXXXX – NS2021xxxxxx KYB CRU MKT KRB KAI MGJ MHA GVE CTY MVI KTA RFG MTD RSG CHY MTS BNK CON BND GLD SHV MTA MTK NYM KWA KZL VFL HWK NMB GKW BIG KMT DTE LUP GWI SNY ZBE NYI TRK MRB CGU CHK KDO DRW MWE ARC MRW NTN SEL RWA HRE CZA MBA BRE MHO MNA SZA CVU MRD MCK CMY HLD RSP HUA NYA JDL WZA NYZ PEN FOB ODZ MTE RCF KWE GWR SGI LLP MVM MDA NYK JRA CTW GTU MVO BEB MSB CGY CCH CNN CPG TSH NDL SHG BYO EGN FBS FIG PLT ZVS MAS MGW NNG KEZ GWA CBW WNC GND MTG RTA TRG CHZ BBG Area of Operations : Zimbabwe Postal and Telecommunications Regulatory Authority of Zimbabwe Page 29 of 36 Telecommunications Licence For Network Services XXXXXXXX – NS2021xxxxxx 18.
SCHEDULE B: DEFINITIONS OF TOWN NAMES 1 ARC Arcturus 24 CZA Chitungwi za Darwendal e 25 DRW 2 BBG Beit Bridge 3 BEB Birchenough Bridge 48 KEZ Kezi 71 MSB Middle Sabi 94 RCF Red Cliff 49 KMT Kamativi 72 MTA Mutawatawa 95 RFG Raffingora 26 DTE Dete 50 KRB Kariba 73 MTD Mount Darwin 96 RSG Rushinga 4 BIG Binga 27 EGN Esigodini 51 KTA Kachuta 74 MTE Mutare 97 RSP Rusape 5 BND Bindura 28 FBS Filabusi 52 KWA Kotwa 75 MTG Mataga 98 RTA Rutenga 6 BNK Banket 29 FIG Figtree 53 KWE Kwekwe 76 MTK Mutoko 99 RWA Ruwa 7 BRE Beatrice 30 FOB Forbes 54 KYB Kanyemba 77 MTS Mutorashanga 100 SEL Selous 8 BYO Bulawayo 31 GKW Gokwe 55 KZL Kazungula 78 MVI Mvurwi 101 SGI Shurugwi 9 CBW Collin-Bawn 32 GLD Glendale 56 LLP Lalapanzi 79 MVM Mvuma 102 SHG Shangani 10 CCH Checheche 33 GND Ngundu 57 LUP Lupane 80 MVO Masvingo 103 SHV Shamva 11 CGU Chegutu 34 GTU Gutu 58 MAS Mashava 81 MWE Mazowe 104 SNY Sanyati 12 CGY Chipangayi 35 GVE Guruve 59 MBA Mubaira 82 NDL Nyamandlovh u 105 SZA Sadza 13 CHK Chakari 36 GWA Gwanda 60 MCK Macheke 83 NMB Nembudziya 106 TLY Trelawney 14 CHY Chinhoyi 37 GWI Gwai 61 MDA Murambinda 84 NNG Nyaningwe 107 TRG Triangle 15 CHZ Chiredzi 38 GWR Gweru 62 MGJ Magunje 85 NTN Norton 108 TRK Turk Mine 16 CMY Chendambuya 39 HLD Headlands 63 MGW Mberengwa 86 NYA Nyanga 109 TSH Tsholotsho 17 CNN Chimanimani 40 HRE Harare 64 MHA Mhangura 87 NYI Nkayi 110 VFL 18 CON Concession 41 HUA Hauna 65 MHO Mhondoro 88 NYK Nyika 111 WNC Victoria Falls West Nicholson 19 CPG Chipinge 42 HWK Hwange 66 MKT Makuti 89 NYM Nyamapanda 112 WZA Wedza 20 CRU Chirundu 43 JDL Juliasdale 67 MNA Mamina 90 NYZ Nyazura 113 ZBE Zhombe 21 CTW Chatsworth 44 JLO Jotsholo 68 MRB Murombedzi 91 ODZ Odzi 114 ZVI Zvishavane 22 CTY Centenary 45 JRA Jerera 69 MRD Marondera 92 PEN Penhalonga 23 CVU Chivhu 46 KAI Karoi 70 MRW Murewa 93 PLT Plumtree 47 KDO Kadoma Postal and Telecommunications Regulatory Authority of Zimbabwe Page 30 of 36 Network Services Licence XXXXXXXXXXXXX - NS2021xxx 19.
SCHEDULE C: ROLLOUT TARGETS 19.1.

Detailed rollout plan for the next five (5) years REF NO.

ABR.

TOWN Areas Currently Covered TARGET Current 2021 2022 2023 2024 2025 20.

SCHEDULE E: SPECTRUM ASSIGNMENTS AND ALLOTMENTS 20.1.

General Terms and Conditions 20.1.1.


The Licensee is hereby granted this Radio Spectrum Authorisation, which provides the right to use the allotted and assigned Radio Spectrum in accordance with the terms and conditions of this Schedule, the terms and conditions of the Licence, the Act, and applicable Regulations, General Determinations, Adjudicative Decisions, Orders or Directives made or issued in accordance with Act and applicable International Treaties and Regulations.

20.1.2.
20.1.2.

The Licensee shall use the authorised (allotted or assigned) Frequencies for the provision of Licensed Services and in conjunction with the Licensed Network 20.1.3.

The licensee shall abide by prevalent Zimbabwe National Frequency Allocation Plan orders, instructions and directions as appropriate.

20.1.4.

The Licensee’s rights in the coordination zone (the area within 50km from the national border) are subject to successful coordination with the relevant neighbouring Administrations.
For this purpose, the Licensee shall provide for a four week coordination period, in addition to the time for ordinary approval processes, when submitting applications with respect to radio sites to be established in such areas.

20.1.5.

The Licensee shall comply with any technical or other requirements that the Authority may adopt in respect of the Authorised Use.

20.1.6.
20.1.6.

The Licensee shall utilize the Assigned Frequencies in full conformity with the Zimbabwe National Frequency Allocation Plan and the Licensee Frequency Assignment Register maintained by the Authority, including any amendments thereto 20.1.7.

This Authorisation does not grant the Licensee any ownership rights in the Alloted / Assigned Frequencies, and no such rights shall be created or implied by virtue of the Licensee’s use of the Alloted / Assigned Frequencies 20.1.8.
The Licensee shall not transfer, assign, Sub-License or lease, in whole or in part, this Authorisation or the spectrum usage rights granted herein to any third Postal and Telecommunications Regulatory Authority of Zimbabwe Page 31 of 36 Network Services Licence XXXXXXXXX – NS 2021xxxx party, including any Affiliate, without the prior written authorization of the Authority.

For purposes of this condition, “assignment” shall be deemed to include a change of Control of the Licensee 20.1.9.
The Licensee shall use the Assigned and Allotted frequencies efficiently and shall notify the Authority promptly if the Licensee no longer requires the use of any portion of the assigned or allotted frequencies.

In addition, the Authority may direct the Licensee to identify and release any or the entire assigned and/or allotted spectrum if the Authority determines the spectrum is not being used or that it is being used inefficiently.

20.1.10.
20.1.10.

The licensee shall comply fully with instructions issued by the Authority to identify or release any radio spectrum in the interest of maximising spectrum efficiency and the Public good as determined by the Authority in accordance with law.

20.1.11.
20.1.11.

Nothing in this Authorisation shall relieve the Licensee of the obligation to comply with any other requirement of law or practice to obtain additional consents, permissions, authorizations, licences or permits as may be necessary to operate Radio Apparatus or Radio Stations, establish, construct and operate an Electronic Communications Network, or provide Electronic Communications Services.

20.2.

Radio Spectrum Usage Fees 20.2.1.


The licensee shall pay, in advance of each Calendar Year, Radio Spectrum Usage Fees calculated in terms of the Postal and Telecommunications (Licensing, Registration and Certification) Regulations Statutory Instrument 11A of 2001 as amended from time to time 20.2.2.

Failure to pay the required Radio Spectrum Usage fees, when they become due, shall be sufficient grounds for revocation or suspension of this Authorisation.

20.2.3.
20.2.3.

The Authority may change its spectrum management approach, the method, type and timing of fees, spectrum access mechanisms or the amount of fees per MHz of spectrum, and shall notify the Licensee in writing, through a Regulatory Notice or other means, at least sixty (60) days in advance of the change taking effect.

20.3.

Requirements for Radio-communication Installations 20.3.1.

The Licensee shall not establish, install or operate a radio site or equipment without authorisation 20.3.2.
Except for allotted frequencies, the Licensee shall not operate a frequency at a radio site without authorisation.

20.3.3.
Each radio communication installation for telecommunication operated by the licensee shall be used in accordance with geographical, operational and Postal and Telecommunications Regulatory Authority of Zimbabwe Page 32 of 36 Network Services Licence XXXXXXXXX – NS 2021xxxx technical parameters upon which the granting of the authorisation was based and as reflected in this Schedule and the associated Licensee Master Frequency Register (LMFR) including, inter alia: (i) the location (ii) Transmit and Receive Frequencies, Channel Bandwidth and Emission Class.
(iii) transmit Power (EIRP) (iv) Antenna height and characteristics.

20.3.4.

The licensee shall not change - (i) any characteristics of a radio-communication installation for telecommunication; or (ii) The location of any radio communication installation for telecommunication without the prior approval of the Authority.

20.3.5.
20.3.5.

For each radio site, the Licensee shall maintain the following records up-to date and shall promptly supply the Authority with copies upon request: (i) The equipment specifications of all Radio Stations and other Radio Apparatus operating under this Licence.

(ii) the effective radiated power of all transmitters radio site and the respective antennae heights.
(iii) the measures taken to ensure that each transmitter at the site is not a source of harmful radiation to the public, and the Licensee’s employees and contractors.

(iv) any information necessary for the Authority to develop and keep updated the Zimbabwe National Frequency Allocation Plan and Licensee Frequency Assignment Register.
(v) the emission designation of each transmitter, as prescribed by the Applicable Regulatory Framework; and (vi) The types of services provided to the Licensee’s End-Users using the Assigned Frequencies at site.

20.4.

Frequency Allotments 20.4.1.

Frequencies in an allotment pool can be used by the operator on a primary basis, on approved sites, throughout the territory of Zimbabwe, outside of the coordination zone.
Inside the coordination Zone, use of the frequencies shall be subject to Agreement by the neighbouring Administration.

20.4.2.

Use of allotted frequencies on unapproved sites constitute a breach of the Postal and Telecommunications Act Cap 12:05 20.4.3.

Allotted frequencies shall be used in accordance with the stipulated Channelling Plan and technology standards.

Postal and Telecommunications Regulatory Authority of Zimbabwe Page 33 of 36 Network Services Licence XXXXXXXXX – NS 2021xxxx 20.4.4.
The frequencies in the Tables 1 and 2 below have been allotted to the Licensee.

20.5.

Frequency Assignments 20.5.1.

Assigned frequencies can only be used at the exact location, using deployment characteristics and parameters used in granting the Authorisation.

Tables 3 to 6, below, provide technical details of radio frequency spectrum assigned to the Licensee in various bands.

The actual assignments are contained in the Licensee Master Frequency Assignment Register.
Postal and Telecommunications Regulatory Authority of Zimbabwe Page 34 of 36 Network Services Licence XXXXXXXXX – NS 2021xxxx 20.6.
SPECTRUM ASSIGNMENTS Table 1: 2.5 GHz Band Assignment Allotments and Pairing arrangements Frequency Band MTX (MHz) Centre gap (MHz) BTX (MHz) Channel Bandwidth (MHz) Technology Standards Channeling Arrangements Table 2: 3.5 GHz Band Assignments For the sub band 3401.25 MHz - 3500 MHz Lower sub-band f c, n = 3401.25+ 1.75 n MHz Upper sub-band f c, n = 3450.25 + 1.75 n MHz And for the sub band 3500 MHz - 3600 MHz Lower sub-band f c, n = 3501.25+ 1.75 n MHz Upper sub-band f c, n = 3550.25 + 1.75 n MHz Where n = 1, 2, …, 55 Frequen cy Band Allotments and Pairing arrangements MTX (MHz) Centre gap (MHz) BTX (MHz) Channel Bandwidth (MHz) Technology Standards Channeling Arrangements Postal and Telecommunications Regulatory Authority of Zimbabwe Page 35 of 36 Network Services Licence XXXXXXXXX – NS 2021xxxx Table 3: 6 GHz Band Assignments (Rec.
ITU-R F.383-9) Channel TX (MHz) Rx (MHz) BW (MHz) Table 4: 11 GHz Band Assignments (ITU-R F387-4) Channel TX (MHz) Rx (MHz) BW (MHz) Table 5: 18 GHz Assignments Rec ITU-R F.595-10 fn = f0-1000 + 27.5n MHz f’n = f0 + 10 + 27.5n MHz n=1,2,3,…….35 Channel Frequency Go (MHz) fn Frequency Return (MHz) fn’ Bandwidth (MHz) Duplex Separation (MHz) Table 6: Ku Band Assignments Channel TX frequency (MHz) Rx Frequency (MHz) BW (MHz) Postal and Telecommunications Regulatory Authority of Zimbabwe Page 36 of 36