Supplementary Act A/SA.1/01/07 on the Harmonization of Policies and of the Regulatory Framework for the Information and Communication Technology (ICT) Sector
Act 1-1 of 2007
Supplementary Act A/SA.1/01/07 on the Harmonization of Policies and of the Regulatory Framework for the Information and Communication Technology (ICT) Sector
Economic Community of West African States
Supplementary Act A/SA.1/01/07 on the Harmonization of Policies and of the Regulatory Framework for the Information and Communication Technology (ICT) Sector
Act 1-1 of 2007
- Published in official journal 50 on 1 January 2007
- Commenced on 19 January 2007
- [This is the version of this document at 19 January 2007.]
Chapter 1
Definitions, objectives and scope
Article I – Definitions
Article 2 – Objectives, scope and periodic review
Chapter II
Guidelines for a policy for information and communication technologies
Article 3 – Development and scope of ICT policy
Article 4 – Importance of a clear policy
The Member States shall ensure that a clear ICT policy is put in place, by identifying objectives, which will be translated into policy, and then into legal rules of a legislative or regulatory nature, to be applied by the regulatory body.Article 5 – Objectives of ICT policy
Article 6 – Governance principles for the ICT sector
In order to adopt an acceptable and sustainable ICT policy for the entire Community, the Member States shall ensure that the authorities responsible for defining and developing such a policy take the necessary steps to ensure good governance in the sector, by means of the following.Chapter III
Institutional framework for the ICT Sector
Article 7 – Cooperation at the level of the institutional framework
The Member States shall ensure that sufficient attention is paid to the institutional framework governing ICT policies, by ensuring that cooperation is set up between the various bodies responsible for the sector, so as to make administration of sector activities efficient.Article 8 – Allocation of tasks
The Member States shall ensure that the responsibilities and terms of reference of each member of the institutional framework are clearly defined so as to avoid any uncertainty regarding the allocation of tasks. To this end, the allocation of tasks must be reflected in national regulations that apply to the ICT sector, so that the relations between the different entities can be determined, along with the credibility of the members in the performance of their tasks.Article 9 – ICT policy function
The Member States shall ensure that the national ICT policy performs the following functions, which fall within the remit of the responsible Minister:Article 10 – Regulatory guidelines
Chapter IV
National regulatory authorities
Article 11 – Status, independence transparency of the national regulatory authorities
Article 12 – The resources of the national regulatory authorities
Article 13 – Areas of activity of the national regulatory authorities
Article 14 – Provision of information
Member States shall ensure that organizations providing telecommunication networks and services provide all the information, including financial information, necessary for national regulatory authorities to ensure conformity with the provisions of, or decisions made in accordance with this Supplementary Act or the specific Supplementary Act. Said organizations shall provide such information promptly on request, respecting the deadlines and providing the level of detail required by the national regulatory authority. The information requested by the national regulatory authorities shall be proportionate to the performance of that task, and those authorities shall give the reasons justifying the request for information. The principle of business secrecy is not applicable to national regulatory authorities. Nevertheless, such entities must respect the confidentiality of all information received.Article 15 – Monitoring and sanctioning powers
Article 16 – Settlement of disputes
Article 17 – Right of appeal
Article 18 – Cooperation between national regulatory authorities
Chapter V
Final provisions
Article 19 – Time-frames for transposition
Article 20 – Implementation
Article 21 – Information report
Member States shall, no later than six months following the date of entry into force of this Supplementary Act, communicate to the Commission the steps taken or which are in the course of approval or implementation for the purpose of implementing this Supplementary Act.Article 22 – Publication
This Supplementary Act shall be published by the Commission in the Official Journal of the Community within thirty (30) days of its signature by the Chairman of Authority. It shall also be published by each Member State in its National Gazette within the same time frame.Article 23: Entry into force
Article 24 – Depository authority
This Supplementary Act shall be deposited with the Commission which shall transmit certified true copies thereof to all the Member States and shall register it with the African Union, the United Nations and such other organisations as Council may determine.History of this document
19 January 2007 this version
Commenced
Consolidation