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LEGAL NOTICE NO. 132 OF 2016 
_______________________ 
THE ELECTRONIC COMMUNICATIONS ACT, 2013 
(Act No. 09 of 2013) 
THE ELECTRONIC COMMUNICATIONS (LICENSING) REGULATIONS, 2016 
(Under sections 10, 11 and 13) 
In exercise of the powers conferred by Section 10, 11 and 13 of The Electronic Communications Act, 2013, the 
Minister of Information, Communications and Technology makes the following Regulations – 
PART I 
PRELIMINARY PROVISIONS 
Citation and commencement 
1. (1) These Regulations may be cited as The Electronic Communications (Licensing) Regulations, 2016. 
(2) These Regulations shall come into force on the date of publication in the Government gazette. 
Interpretation 
2. In these Regulations, unless the context otherwise requires – 
“Act” means the Electronic Communications Act, 2013; 
“Class licence” means a general or individual licence as classified by the Commission in terms of the Act. 
“emergency services” shall include calls using short codes for the purposes of human safety and life or those 
established for rescue operations in the event of any disaster; 
“licensed service” means any service provided in terms of an electronic communications network licence, 
electronic communications service licence, or radio frequency spectrum licence; 
“Net Operating Income” means the income derived from the provisions of a licensed service and does not include 
agency fees, interconnection and facility leasing charges, and government grants and subsidies; and 
“person” means – (a) a company incorporated or registered as such under the Companies Act, 2009; or 
(b) any body of persons corporate or unincorporated. 
Application 
3. These Regulations shall apply to – 
(a) Electronic communications network licences; 
(b) Electronic communications service licences; 
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(c) Frequency spectrum licences; 
(d) Equipment sales (retail) and distribution (wholesale) licences; 
(e) Equipment importation licences; and  
(f) Other licences as may be dete rmined by the Commission. 
PART II 
LICENCE TYPES 
General Licence 
4. (1) The Commission may issue a general licence for the – 
(a) electronic communications serv ices which do not require the use of numbering resources; 
(b) importation, distribution or sale of electronic communications equipment; or 
(c) installation and maintenance of electronic communications equipment. 
(2) A person may submit an application for any licence in sub-regulation (1) during the office hours of 
the Commission. 
(3) The Commission may confer licence rights to a General Licensee through – 
(a) the issuing of a licence containing standard licence terms and conditions; 
(b) the issuing of a certificate; or (c) the registration of licensees on a publically available database. (4) General licences are non-exclusive and the Comm ission may issue any number of licences to an 
applicant that complies with the requirements of the application and the general licence conditions. 
(5) A holder of a licence under this regulation shall – 
(a) comply with the conditions of its licence, as applicable, and all regulations relating to consumer        protection and health and safety; 
 (b) provide end-users and customers  access to emergency services; 
 (c) notify the Commission within seven (7) days of a change in ownership or control; and   (d) comply with any other relevant regulations and decisions that the Commission may issue. 
(6) A licence holder under this regulation may not util ise scare resources in the form of national numbers 
or frequency spectrum without obtaining the appropriate approval from the Commission. 
Individual Licence 
5. (1) The Commission may issue an individual licence for – S40 
(a) electronic communications services, requ iring the use of numbering resources; 
(b) electronic communications networks; 
(c) use of certain frequency spectrum bands. 
(2) Any person may submit an application for an indivi dual licence subject to the issue of a decision of 
the Commission as provided for in Section 11 of the Act. 
(3) The decision of the Commission shall include an invitation to apply for a specified type of licence. 
(4) The bidding criteria, shall be determined on a case-by-case basis, having due regard to the type of 
licence to be issued, the development of the ma rket at the time, and the market structure. 
(5) Notwithstanding sub-regulation (4) the bidding criteria shall be developed to ensure that only bona 
fides bidders participate as per section 11(8) of the Act and shall take into account, amongst other things – 
(a) national universal access and service objectives; (b) local ownership requirements; (c) technical experience of the bidder; and  
(d) business plan and financial viability of the bid. 
(6) In finalising any individual licence, the Commission shall include conditions relating to the commitments 
made by the licence on the issues described in sub-regulation (3). 
(7) The Commission may decide the number of indi vidual licences available for a given category of 
licence. 
(8) A holder of an individual licence under this regulation shall – 
(a) comply with the conditions of its licence; (b) local ownership requirements; (c) technical experience of the bidder; and  (d) business plan and financial viability of the bid. (9) A licences shall be issued on a technology neutral basis. 
Access to scarce resources 
6. Any licence holder under these regulations may apply to the Commission for the use of scarce resources 
in the form of national numbers or frequency spectrum, subject to the following – (a) a person may not be awarded a frequency spectr um licence as contemplated in sub-regulation 
5(1)(c), if that person does not hold an individual electronic communications network licence; and  S41 
(b) a person may not be awarded numbering resources if th at person does not hold an individual electronic 
communications services licence. 
Frequency spectrum licence 
7. (1) In issuing frequency spectrum licences, the Commission may – 
(a) Issue frequency spectrum on a first-come-first-served ba sis provided that the applicant complies with sub-
regulation 6; or 
(b) Use the process set out in sub-regulation 5 in respect of individual licences to issue a frequency spectrum 
licence, where the Commission seeks to  employ a competitive bidding process to select a licensee, particularly 
in instances where demand for a spectrum resource, exceeds supply. 
PART III 
LICENSING PROCESS 
Application process  
8. (1) A person who intends to apply for a licence shall make the application in the prescribed form and pay such fee 
as set out in Part IV and the Schedule to these Regulations. 
(2) The application form referred to under sub-regulation (1) shall be accompanied by such supporting documents or information as may be relevant to the type of licence applied for. 
(3) The supporting documents referred to in sub-regulation (2) include
 –  
(a) proof of payment of application fees, as applicable;  
(b) proof of residence of the applicant notwithstanding the type of licence; 
(c) in the case of an Individual Licence, a performance bank guarantee from a bank registered in  
      Swaziland; or 
 (d) a guarantee, where the Commission requires, which shall – 
   (i ) be addressed to the Chairperson of the Commission;   (ii) be written on the letterhead of a reputable bank registered in Swaziland; 
(iii) stipulate the name of the applicant, the type of licence applied for, the amount of money for 
which the guarantee is being issued; 
(iv) be valid for a period of two (2) years; (v) be for an amount of money as determined by the Commission; and  
(vi) be furnished within thirty (30) days from the date of notification by the Commission of the 
requirement of the performance bank guarantee. 
Public Consultation and Evaluation 
9. (1) The Commission shall consult the public prior
 to granting any individual licence, other than a frequency 
spectrum licence, which process is provided for in the Radio Communications and frequency spectrum 
Regulations. S42 
 (2) Where the Commission receives multiple competing applications, it – 
(a) shall allow the public and competing applicants an opportunity of no less than thirty (30) days to 
make written submissions to the Commission on the applications; the applican ts shall be afforded 
an opportunity of no less than fourteen (14) days to respond; and 
(b) may hold public hearings in respect of the applications received. 
(3) Whether the Commission has undergone the public consultation process contemplated in sub-
regulation 9(2) or not, the Commission shall publish its intent to grant a licence in at lest two (2) major national publications, providing the public at least fourteen (14) days to make written submissions on the decision. 
(4) After completing the public consultation and ev aluation process, the Commission may approve or 
decline a licence application and public the reason for its decision. 
Grant of licence 
10. (1) Where a licence application is approved by the Commission, the Commission shall issue the 
appropriate licence or certificate to the successful applicant. 
 (2) A licence granted under this regulation shall be valid for a period as prescribed in the Schedule for 
the service applied for. 
 (3) A licensee shall commence the provision of commercial services within a maximum period of twelve months from the date of issuance of the licence. 
 
(4) Where a licensee fails to provide services within the period referred to in sub-regulation (2), the licensee 
shall submit to the Commission reasons for failure to provide the services and the Commission may extend 
the period as the Commission may consider appropriate. 
 
(5) Where a licence fails to provide the services after the expiry of the extended period provided for in 
sub-regulation (3), the Commission shall revoke the licence. 
Renewal of licence 
11. (1) A licence may be renewed, upon application by the licensee. 
(2) An application for a renewal of a licence shall be  submitted at least twelve (12) months prior to the 
expiration of the licence, and the Commission shall ma ke a decision relating to such renewal application 
by no later than three (3) months before the expiry date of the licence. 
PART IV 
FEES 
Application fee 
12. A person who applies for a licence under these Regulati ons shall pay an applicatio n fee as prescribed in 
the schedule before the Commission may consider the application. 
Initial licence fee 
13. (1) A licence shall pay an initial fee as prescribed in the schedule. 
(2) The Commission shall before issuing of a licence for an application that has been successful, issue an 
invoice to the applicant to pay an initial licence fee. S43 
(3) Where, within one month from the date of issuance of the invoice, the applicant fails to pay the initial 
fee, the Commission may reject that application. 
(4) The Commission may extend the period of paymen t of the initial fee for on e month upon request by 
the applicant, and upon showing good cause for such extension, save that, the Commission shall not 
grant further extension. 
  
Recurring licence fees 
14. A licence shall pay a recurring licence fee within one mon th of the date of issuance of the invoice by the 
Commission, such fees include –  
 (a) royalties as set out in the Schedule, which royalties shall be calculated based on the licensees annual 
financial statement results; 
 
(b) annual licence fees as set out in the Schedule; 
 
(c) renewal fees as set out I the Schedule; and  
 
(d) any other licence fees as may be determined by the Commission from time to time. 
Late payment and failure to pay 
15. The Commission may – 
 
(a) impose interest on all late payments in respect of the licence fees set out in these regulations at the 
applicable interest rate as published by the Ministry of Finance.  
(b) suspend the licence of any licensee that fails to pay the annual licence fees until such time that the 
annual licence fees and/or royalties are paid in full. 
PART V 
OWNERSHIP AND CONTROL 
Transfer, Assignment or Disposal of licence rights 
16. (1) A licensee shall not assign, transfer, dispose of any rights or obligations or in any manner alienate the 
licence or any part of it without the prior written consent of the Commission. 
 
(2) Where the Licensee seeks to transfer its licence to  another person, it shall comply with all terms and 
conditions of its licence as at the date of transfer and shall have paid all outstanding fees to the 
Commission. 
 
(3) Notwithstanding sub-regulation (1), the licensee shall have discretion to appoint agents or sub contractors to enable it to properly and efficiently exercise its rights to carry out its obligations in terms of 
the licence. 
Change in Ownership and Control 
17. (1) The Licensee shall notify and obtain the prio r approval of the Commission in respect of – 
 (a) any change in the direct or indirect ownership of five percent (5%( of the issued voting share capital 
of the licensee changing hands; and  
 
(b) any change in the ownership of the issued voting  share capital that results in a change to the 
composition of one quarter of the board of directors. S44 
 (2) A request for approval of a change in shareholding shall include – 
(a) payment of fees as may be prescribed by the Commission as set out in the Schedule of these  
     Regulations; 
(b relevant documents including certified copies of share certificates, and a certificate for change of  
     shareholding structure issued by the Registrar of Companies; and  
(c) a consent obtained from the Registrar of Companies. 
 
(d) proof that the licensee complies with all terms and conditions of its licence as at the date of the 
change in shareholding and has paid all outstanding fees to the Commission. 
 
(3) The Commission will not unreasonably withhold its consent of a change in shareholding and may only 
reject an application if the change will result in non-compliance with the Companies Act, 2009 and any 
other law governing shareholding. 
 
(4) The provisions of this section shall not preclude the shares of any licensee from being listed on the 
Swaziland Stock Market, provided that such listing shall not have the effect of vesting more than thirty 
percent (30%) of the issued voting share capital of the licence in –  
(a) any non citizen of the Kingdom of Swaziland; (b) a manufacturer or supplier of equipment; or 
(c) a company which is either wholly owned by, or the majority of whose shareholders are non Swazi 
citizens. 
PART VI 
INFORMATION AND REPORTING 
Provision of Information  
18. (1) A licensee shall provide and maintain such information as will enable the Commission to carry out its 
functions under the Act in such manner and at  such times as the Commission may request. 
 
(2) The Commission shall have the right to request a lice nsee to submit periodic reports, statistics and other 
data as well as request additional information with a view to effectively supervising and enforcing 
effectively the terms of the licence. 
 
(3) The Commission shall in making any request for in formation, ensure that no undue burden is imposed 
on the licensee in procuring and furnishing such information. 
 
(4) A licensee may request confidentiality on commercially sensitive information submitted to the 
Commission, and shall provide reasons for the request for confidentiality, which will duly be considered 
by the Commission. 
Reporting 
19. (1) Individual Licensees and General Licensees shall su bmit an annual financial report to the Commission 
within three (3) months of the Licensee’s financial year end which include – 
 
(a) independently audited financial statements prep ared in accordance with generally accepted 
accounting practices; or S45 
(b) financial statements signed by the accounting offi cer where the licensee is a class licence and is not 
legally obliged to provide audited annual statements;  
(c) details of the amount spent in re spect of each category of regu latory fees including fees for 
frequency, numbering, application, initial licence,  annual licence, royalty and any other fees as the 
Commission may require. 
 
(2) The disclosure referred to in sub regulation (1)(b)  shall be made in the notes supporting the financial 
statements. 
(3) Individual Licensees and General Licensees shall su bmit an annual operational report in March of 
every year which shall include, but not be limited to information on –  
(a) compliance with applicable licence obligations; (b) compliance with applicable regulations and the Act; and 
(c) current shareholding specifying local and foreign ownership with the percentages. 
 (4) All licensees that provide network or infrastructure services shall submit –  (a) an annual report in January setting out their ne twork rollout plan which provides current rollout and  
       anticipated rollout for the next three (3) years; and  
(b)quarter reports indicating compliance with thei r network rollout plans and any licence obligations  
     relating to network rollout. 
(5) Without prejudice to the preceding provisions, the Commission may require the licensee to submit 
other operational and accounting information or clarifications it may require in order to effectively 
supervise and enforce the terms of the licence and the provisions of the Act. 
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SCHEDULE 
LICENCE FEES 
INDIVIDUAL ELECTRONIC COMMUNICATIONS NETWORK 
 
Market 
Segment Type of Facility Application Fee In itial Licence Fee Royalty Duration 
of licence 
(years) 
 
International   
Gateway facilities including earth satellite 
station, submarine 
cable, etc.  
As specified in the Decision referred to 
in regulation 5  
As specified in the Decision referred 
to in regulation 5  
5% of Net operating 
income  
10 
 
National   
Switching, transmission 
and access facilities, 
microwave links, fixed links, towers, ducts, 
transmitter, links, etc  
As specified in the 
Decision referred to 
in regulation 5  
As specified in the 
Decision referred 
to in regulation 5  
5% of Net 
operating 
Income  
10 
 
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Regional   
As specified in 
the Decision 
referred to in regulation 5  
As specified in 
the Decision 
referred to in regulation 5  
5% of Net 
operating 
income  
10 
 
INDIVIDUAL ELECTRONIC COMMUNICATIONS SERVICE 
 
Market 
Segment Type of Facility Application Fee Initial Licence Fee Royalty Duration 
of 
licence (years) 
 
International 
  
Interconnected voice 
and data services  
As specified in the 
Decision referred to in regulation 5  
As specified in the 
Decision referred to in regulation 5  
5% of Net 
operating income  
10 
 
National   
  
As specified in the 
Decision referred to in regulation 5  
As specified in the 
Decision referred to in regulation 5  
5% of Net 
operating Income  
10 
  
 
 
 
Regional  
  
 
  
As specified in the Decision referred to 
in regulation 5  
As specified in the Decision referred 
to in regulation 5  
5% of Net operating 
Income  
10 
 
GENERAL ELECTRONIC COMM UNICATIONS SERVICE  
 
Market 
Segment Type of Facility Initial Registration Fee 
(Emalangeni) Royalty Duration 
of 
licence (years) 
 
National  
 Voice not using 
national 
numbers; 
  
15,000 
(fifteen thousand)  
2% of Net operating 
Income  
5 
  
 Data 
    
  
 Applications 
    
 
 
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GENERAL LICENCE FOR THE INSTALLATION AND MAINTENANCE, IMPORTATION, DISTRIBUTION 
AND SALE OF EQUIPMENT 
 
TYPE OF LICENCE Initial Registration Fee 
(Emalangeni) Annual Licence Fee Duration of Licence 
(years) 
 
Equipment Installation 
and maintenance 
Licence  
200 (two hundred)  
1,000 (one thousand)  
3 
 
 
 
 
Equipment Importation 
Licence  
200 (two hundred)  
1,000 (one thousand)  
3 
  
 
 
Equipment Distribution Licence (Wholesale) 
  
200 (two hundred)  
1,000 (one thousand)  
3 
 
 
Equipment Sales Licence (Retail)  
200 (two hundred)  
1,000 (one thousand)  
3 
 
 
 
GENERAL AND INDIVIDUAL RENEWALS AND TRANSFERS 
 
TYPE OF LICENCE Fee (Emalangeni) 
 
General Licence Renewal  
1,000 (one thousand) 
 
 Individual Licence Renewal  
5,000 (five thousand)  
 General Licence Transfer  
1,000 (one thousand) 
 
 
Individual Licence Transfer  
50,000 (fifty thousand) 
 
 
 
 
DUMISANI NDLANGAMANDLA 
MINISTER FOR INFORMATION, COMMUNICATIONS AND TECHNOLOGY