OF THE FEDERAL DEMOCRATIC REPUBLIC OF ETHIOPIA 8 Year No. 28 ADDIS ABABA - 2nd July , 2002 CONTENTS Proclamation No. 281/2002 Telecommunications ( Amendment ) Proclamation PROCLAMATION NO . 281/2002 A PROCLAMATION TO PROVIDE FOR THE AMENDMENT OF TELECOMMUNICATIONS PROCLAMATION WHEREAS , it has become imperative to properly address difficulties encountered in the implementation process in the telecommunication sub - sector and introduce new working methods for same ; WHEREAS , it has become imperative to incorporate new regulatory conditions resulting from technological and operational changes at the international level ; NOW , THEREFORE , in accordance with Article 55 ( 1 ) of the Constitution of the Federal Democratic Republic of Ethiopia , it is hereby proclaimed as follows : 1. Short Title This Proclamation may be cited as the “ Telecom munications ( Amendment ) Proclamation 2. Amendment Telecommunications Proclamation No. 49/1996 is hereby amended as follows : 1 ) The following new Sub - Articles ( 3 ) and ( 4 ) are added under Article 2 of the Proclamation : “ 3 ) “ Sole Telecommunications Service Provider ” means the Corporation established by the Ethiopian Telecommunications Cor poration Establishment Council of Ministers Regulations No. 10/1996 or any service provider that replaces it . " ' . page 1780 Unit Price The African Law Archive 4 ) “ Telecommunication Service " means Public Swit ched Telecommunication Service ; Cellular Mobile Service ; Interned Service ; Satellite Telephone Service ; Data Communication Service ; Telecenters or Resale Service ; Mobile or Fixed Private Radio Service ; VSAT ( Very Small Aperture Terminal ) Service ; Cable Installation and Maintenance Service ; Telecommunication Switches Installation and Maintenance Service ; the transmission or recep tion through the agency of electricity or electromag netism of any sounds , signs , signals , writing , images or intelligence of any nature by wire , radio , optical fiber , or other electromagnetic system or any other service designated as Telecommunication Service by the Ministry . It shall not include Broadcasting Service and Intercom Connections . " 2 ) Sub - Article ( 6 ) of Article 2 of the Proclamation is deleted and replaced by the following new Sub - Article ( 6 ) : “ 6 ) “ Call - back Service " means the use of dial tone of a foreign telecommunication operator for inter national connections without the knowledge of the domestic telecommunication operator and shall include services that are identified as call - back by the International Telecommunication Union . " 3 ) Sub - Articles ( 3 ) , ( 4 ) , ( 5 ) , ( 6 ) , ( 7 ) and ( 8 ) of Article 2 of the Proclamation are re - numbered as Sub - Articles ( 5 ) , ( 6 ) , ( 7 ) , ( 8 ) , ( 9 ) , and ( 10 ) , respectively . 4 ) The following new Sub - Articles ( 8 ) and ( 9 ) are added under Article 6 of the Proclamation : “ 8 ) to issue license to satellite companies so as to allow them to send and receive signals to and from Ethiopia , provided that such companies shall first enter into agreement with the Sole Telecom munication Service Provider ; 9 ) to compel the Sole Telcommunication Service Provider to provide the necessary disaster com munication service by itself or by entering into agreement with others , where a natural disaster or problem occurs in Ethiopia and the Ministry issues a directive to this effect . The Agency , in such cases , shall exempt the Sole Telecommunication Service Provider from specifically stipulated regulatory conditions . ” 5 ) Sub - Articles ( 8 ) , ( 9 ) , ( 10 ) , ( 11 ) and ( 12 ) of Article 6 of the Proclamation are re - numbered as Sub - Articles ( 10 ) , ( 11 ) , ( 12 ) , ( 13 ) , and ( 14 ) , respectively . Article 7 shall be replaced by the word “ Ministry ” under Article 10 of the Proclamation : The African Law Archive “ 3 ) Notwithstanding the provision of Article 5 ( 2 ) ( b ) of Proclamation No. 280/2002 , the Agency shall issue license to individuals or companies participating in the following services : ( a ) Telecenters or resale service ; ( b ) Outside cabling or Wireless Local Loop lines installation or maintenance ; ( c ) Telecommunication exchange installation or maintenance ; ( d ) In - house or building cable installation ; ( e ) Other similar activities to be designated by the directives of the Ministry . 4 ) The Ministry shall issue directives so as to enable the Agency to issue the license specified under Sub - Article ( 3 ) of this Article . " 8 ) The following new Sub - Article ( b ) is added under Sub - Article ( 3 ) of Article 14 of the Proclamation : “ ( b ) if the equipment is imported for profit , the importer's material , financial and human resource capability to supply spare parts and provide main tenance service for the equipment imported ; ' ' 9 ) Sub - Articles ( 3 ) ( b ) , ( c ) , ( d ) , ( e ) and ( f ) of Article 14 of the Proclamation are re - numbered as ( 3 ) ( c ) , ( d ) , ( e ) , ( f ) , and ( g ) respectively . 10 ) Sub - Article ( 2 ) of Article 24 is deleted and replaced by the following new Sub - Article ( 2 ) : “ 2 ) The use or provision of call - back service is prohibited . " 11 ) The following new Sub - Articles ( 3 ) and ( 4 ) are added under Article 24 of the Proclamation . “ 3 ) The use or provision of voice communication or fax services through the internet are prohibited ; 4 ) No person shall , using the telecommunication service provider network , or bypassing same , engage in private or Commercial Telecom munication Services unless a license is issued 12 ) Under Sub - Article ( 1 ) of Article 25 , a new phrase " 24 ( 3 ) or 24 ( 4 ) " is added next to the phrase " the provisions of Article 15 ( 2 ) or 24 ( 2 ) " . 13 ) The following new Sub - Article ( 1 ) is added under Article 25 of the Proclamation : “ 1 ) Any person who engages in telecommunication services without having a license or a valid license as per this Proclamation or any other relevant laws shall be punished with fine equal to double the revenue estimated to have been earned by the person during the period of time he operated the service and with imprisonment from 3 upto 5 years ” . 14 ) Sub Articles ( 1 ) , ( 2 ) and ( 3 ) of Article 25 of the proclamation are re - numbered as sub - Articles ( 2 ) , ( 3 ) and ( 4 ) respectively . This Proclamation shall come into force as of the 2nd day of July , 2002 . Done at Addis Ababa , on the 2nd day of July , 2002 . PRESIDENT OF THE FEDERAL DEMOCRATIC REPUBLIC OF ETHIOPIA to it . " The African Law Archive