TCRA order to Vodacom regarding promotion, special offer

THE UNITED REPUBLIC OF TANZANIA TANZANIA COMMUNICATIONS REGULATORY AUTHORITY ISO 9001:2008 CERTIFIED 

PUBLIC NOTICE

IN THE MATTER OF INTRODUCING A PROMOTION AND OR SPECIAL OFFER WITHOUT FILING ITS DETAILS TO THE AUTHORITY BEFORE THE  DATE OF IMPLEMENTATION OF THE PROMOTION AND OR SPECIAL OFFER

1.    During the first week of February, 2015, the Authority noted that Vodacom Tanzania Limited (hereinafter referred to as the Licensee)  was charging its subscribers Voice, SMS and Internet Bundles with newly introduced special offers which were not filed with the Authority. On 31stMarch, 2015, the Authority issued a strong warning to the Licensee for introducing the new tariffs and special offers without filing them to the Authority contrary to the requirement of Regulation 12(2) of the Electronic and Postal Communications(Tariffs) Regulations 2011; and
2.    On the 14th August, 2015 the Authority noted further that the Licensee introduced a special offer through short code: *149*68# (offering 100 minutes + 1000sms+ 100mb for 7 days for TZS 200) without filing the promotion or offer to the Authoritycontrary to Regulation 12(2) of the Electronic and Postal Communications (Tariffs) Regulations 2011.

3.    On the 15th August 2015, the Authorityissued a Compliance Order to the Licensee, pursuant to Section 45 of the Tanzania Communications Regulatory Authority Act, CAP 172 as amended by Section 179 of the Electronic and Postal Communications Act and ordered the Licensee to:-

(a) CANCEL and/or STOP, with immediate effect, the promotion or special offer under the Short Code*149*68# and any other promotions or special offers not filed with the Authority; and

(b) APPEAR before the Authority on 17th August, 2015 to show cause why legal action should not be taken against them.

4.    The Licensee appeared before the Authority on 17th August, 2015 for the hearing and admitted to have introduced the special offer through short code: *149*68# without filing the promotion or offer to the Authority.

5.    Having heard the Licensee, the Authority Ordered the Licensee as follows:

(a)  To STOP, with immediate effect, any promotion and /or special offer under any short code not filed to the Authority; and

(b)  To pay, within 7 days, to the Authority a fine of TZS 22,000,000     (Tanzanian Shillings Twenty Two Million Only) for repeated failure to file tariffs as per Regulation 12 (2) of the Electronic and Postal Communications (Tariffs) Regulations 2011.

(c)    Failure by the Licensee to honour the above (1&2) the Authority shall proceed to take further legal action against the Licensee.
Via Wavuti.

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