Guinea Bissau

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Declaration of Guinea-Bissau Sectoral Telecommunications Policy

EXTERNAL ASPECTS

The telecommunications sector has entered a spectacular era of change and growth at all levels. In fact, telecommunications began to play a central role in the interaction process between various sectors of the economy. This revolution was given impetus by the great technological development and the globalization of the economy as well as the exploration of telecommunications services.

Thus, the liberalization and privatization of public enterprises carried out in developed countries allowed the creation of consortia that grouped together suppliers worldwide aiming at the exploration of new services. By and large these services had their purpose to meet specific needs felt by companies and private individuals.

Globalization of capital movements fostered merger or joint participation beyond borders between enterprises involved in telecommunications, as well as alliances that take on increasingly a multilateral and worldwide dimension.

This explosion of changes has spread to all every developing country, and within ECOWAS in particular, results obtained are satisfactory in countries that have already begun restructuring the sector, namely Ghana, Cote d’Ivoire and Senegal.

Guinea-Bissau could not stand aloof from these rapid changes, and the current Declaration of Sectoral Policy shows to which extent the telecommunications sector is a focus of government’s most pressing concerns.

Government of Guinea-Bissau expects to deliver its commitment next to the World Trade Organization (WTO) within the framework of the Agreement on telecommunications services that reflects options expressed within the current Declaration of Sectoral Policy.

NATIONAL CONTEXT

Telecommunications are a strategic sector in any country. They are a central element of economic activities and constitute an essential instrument for the implementation of policies designed to integrate the rural world, besides being a sector particularly sensitive to democratic transition and State defense and security. The importance of rural telephony as a factor of the economic and social development of a country like Guinea-Bissau needs no further demonstration.

Finally, the telecommunications sector possesses a development potential that few other economic activities sectors have currently. Despite its requirements for sizeable investments for its expansion, besides basic services whose profitability is beyond discussion, it encompasses numerous new services, which result from accelerated technological evolution taking place in the sector and that lead to strategic changes relative to the restructuring of telecommunications activities.

Government has made considerable investment in order to gradually provide the country with a modern telecommunications network. Aware of the role and place of telecommunications concerning the country’s development government has already carried out two institutional reforms in the telecommunications sector that culminated in the creation of a commercial company in charge of exploration of the whole set of telecommunications services.

Currently, exploration of telecommunications is done under a monopoly regime that comprises all services pursuant to a concession contract with Guiné Telecom, signed in February 1989 and lasting for 20 years.

Definition of sectoral policy and regulation (frequency management, setting of tariffs, etc) falls under the Ministry in charge of telecommunications.

Guinea-Bissau’s government is aware of limitations affecting this sector in the context of socioeconomic development and thus decided to deepen the process of reforms in the sector that will culminate in its total liberalization and privatization.

SECTORAL POLICY OBJECTIVES

Government orientations in telecommunications are associated with a dynamic approach to solutions that take into consideration the country’s specific situation.

The Declaration of Sectoral Policy purports to present in a concise way general guidelines on government’s policy in the telecommunications field and to define objectives set out for the sector’s development in a context marked by great changes.

Guinea-Bissau opts clearly for liberalization of the telecommunications sector. This political option is expressed by government’s wish to define a legal framework adapted to new realities within this sector at the regional and world levels.

The broad objective of liberalization is to raise the effectiveness of telecommunications network and services. This will allow them to play their pivotal role in national development through the fostering of economic competition at the regional level (WAEMU and ECOWAS) and integration in the world economy. More specifically, the following outcomes must be reached through liberalization:

Development of universal access. Liberalization should not lead to the dropping of efforts aimed at the development of universal access but it should rather endeavor to encourage its expansion in parallel with the availability of new services required by economic operators. Liberalization will enable the extension of public-use telecommunications networks and services to remote zones and to neglected social segments at affordable conditions.
Harmonious development of the telecommunications network. Liberalization will allow the development of telecommunications networks and services that are essential to buttress the economy. Government will endeavor for the development of different networks and services derived from liberalization to tale place harmoniously with the purpose of setting up a sole, totally interconnected national network.
Private sector involvement. Guinea-Bissau has already given an important step forward with the creation of a private joint company. Liberalization should seek to raise interest by other potential actors in the provision of telecommunications services. Thanks to technological progress it is possible to produce telecommunications services and, more specifically, new services (Internet, paging, voice communication, etc.) with investment levels affordable to national operators.
Job creation. Liberalization will translate itself into creation of jobs in the overall telecommunications sector and government will pay special particular attention to the social aspect throughout the whole process.
Affordability of services. The competitive environment built through liberalization will enable a reduction in tariffs and prices of telecommunications services, with particularly regarding end-consumers and/or intermediary users.

Reasons for liberalization

At the national level, several reasons render liberalization necessary:

National macroeconomic policy. Liberalization of the telecommunications sector is to be seen in the context of the general liberalization policy adopted in 1985. This policy translates in the gradual divestiture by the State from productive economic sectors, whose ownership is transferred to private agents. Competition in telecommunications will have a decisive influence in the economy. It is important to avoid constraints that affect negatively its performance and steps should be taken to increase efficacy of this sector within the national, regional and international context.
Economic and financial reasons. Limited resources make it difficult for a sole structure to make available the multiplicity of telecommunications services that meet an increasingly diversified demand.
Existence of potential investors in the country. There are nowadays investors and national operators willing to involve themselves in the supply of telecommunications services if an adequate regulatory framework is set up.
Privileged position of the current public telecommunications operator. The State gave the current operator the opportunity to provide itself with private enterprise culture since 1989, allowing it to reach the point of filling a privileged position as regards privatization.
Commitments at the regional, sub-regional and international levels. Guinea-Bissau has adhered to the treaty of the West African Economic and Monetary Union (WAEMU), whose article 93 covers regional liberalization. In accordance with international law principles, Guinea-Bissau will reflect liberalization as well as remaining treaty dispositions in its national legislation. Adherence to WAEMU brings good prospects to national operators due to the market’s extension. The increased market gives rise to demand for diversified and competitive telecommunications services both in terms of quality and prices to face regional competition. The liberalization principle is in accordance with the "African green book: Telecommunications Policy for Africa", prepared by the International Telecommunications Union (ITU), which has become a reference document for the whole African region.

One should not ignore effects of globalization of exploration of telecommunications and the increasing diversity of new services now tapped in by technological progress. Guinea-Bissau, as a member of the World Trade Organization (WTO) has subscribed to the principle of multilateral liberalization of trading in services, among which telecommunications.

STRATEGY

To pursue its goals, government of Guinea-Bissau has guided its reforms program on the basis of an opening of the telecommunications sector to competition, based on the following provisions:

Liberalization is the key of the whole process of reforms in the telecommunications sector and consists of the creation of a new legal framework that will allow an opening to competition in the sector.

Opening of the telecommunications sector is seen as the allowing of gradual entry of new operators in all segments of the telecommunications market in order to promote a permanent growth of private investment to meet preset goals.

After approval of a basic law for the telecommunications sector of Guinea-Bissau, a competition regime will be established for all services excluding international access of the basic service, which will stay in a transitory exclusivity regime until July 30, 2000.

The exclusivity period will allow a return to a balanced tariff with a view to gradually eliminate cross subsidies between international telecommunications services and national ones.

To reach government’s goals in the telecommunications field and guarantee fair competition among operators and look after interests of users of telecommunications services, a regulatory body will be set up, empowered with statutory, financial and administrative autonomy, so as to guarantee accomplishment of its assignment with the maximum effectiveness.

Supervision of the telecommunications sector.

The ministry in charge of the telecommunications sector exerts supervision and represents government in this sector. It will be in charge of preparing government policy in telecommunications and to monitor its implementation and, also, of political representation in conferences and international forums. The ministry will inform government on progress registered in the sector and will address proposals to it on guidelines to be issued. It will guarantee independence of the regulatory body, whose autonomy it will respect.

Government consultative body

The government consultative body will be set up under the Prime Minister’s direct dependence and it will be in charge of coordinating the different civilian, armed forces and security services telecommunications systems.

Regulatory body

The body in charge of regulation will be set up and will have as its fundamental mission to enforce implementation of government policy’s goals in the telecommunications field as well as to manage the radio-electrical spectrum.

This body will be the guarantor of public service and in this domain it will ensure the gradual extension of basic services to all regions and social segments within the country at an affordable price. It will also be the guarantor of respect of free competition rules between different operators and service suppliers and ensure protection of interests of intermediate- and end-users. The regulatory authority will ensure technical participation by the State in conferences and international forums focusing on technical, regulatory and normalization aspects of telecommunications, in strict collaboration with public service operators. Political representation will stay under the Ministry in charge of telecommunications, which may delegate it to the regulatory entity in specific situations.

The telecommunications regulatory body will be accountable to government concerning its operations and difficulties faced in the discharge of its duties. It will be provided with a structure as light as possible and a highly qualified staff.

This regulatory body will have the following characteristics:

Statutory independence: the regulatory body will benefit from administrative autonomy that will guarantee its freedom of operation within the legal and regulatory framework set up, without detriment to a recourse to relevant judicial bodies if needed.
Financial autonomy: it will have financial autonomy through the generation of resources arising from taxes charged, namely on the issuance of radio-electrical licenses, registering and licensing of telecommunications operators, certifying of equipment and subsidies and donations granted to it.
Autonomy of operation:

The State highest authorities will appoint members of the regulatory body for a specific period and which cannot be revoked unless in case of a serious fault acknowledged by law;
Personnel from the regulatory body will have the necessary technical, economic and legal competence, which may be complemented by specialized technical assistance.

INTERNATIONAL COOPERATION

Cooperation in the telecommunications sector is at the same time a duty and a need whatever the development level of the parties involved. It is part of cooperation policy lines and international relations defined by government. With regard to harmonization of regulations, government proposes to develop an active cooperation policy at the national, sub-regional, regional and international levels.

At the sub-regional and regional level

Guinea-Bissau will keep close and old economic links with West African states. Besides, it is part of a process of sub-regional integration in the context of the West African Economic and Monetary Union (WAEMU) and the Economic Community of West African States (ECOWAS).

This integration process will require member States to implement concerted initiatives in several fields, such as telecommunications. In that vein, government is favorable to enactment of the main proposals contained in the African Green Book on telecommunications for Africa and subscribes to objectives set out for telecommunications by the Convention of the Pan-African Union for Telecommunications (LJPAT).

At the international level

At the international level, Guinea-Bissau is willing to contribute, in cooperation with other countries and international organizations, namely RASCOM, ITU, INTELSAT, INMARSAT, etc., for the development of a worldwide telecommunications network. On the other hand, Guinea-Bissau will draw inspiration, as far as possible, from experience of other countries, which in analogous situations, reached excellent results in the telecommunications field.

PLAN OF ACTION

Government adopted the following plan of action to implement its strategy in the telecommunications sector.

Concession contract Re-negotiation

Guiné-Telecom provides currently, under an exclusivity regime, telecommunications services in Guinea-Bissau. With a view to allow synergy with new operators and service suppliers that will establish themselves in the new context, Guiné-Telecom will operate under the following conditions:

Continuation and strengthening of supply of basic services with special attention to rural zones and neglected social segments, with assistance from other operators and service suppliers from more profitable areas;
Setting up of basic infrastructures in appropriate scale to take into account needs felt by all operators and service suppliers (computing networks, mobile radio-communication operators, etc) capable of harmoniously joining the world network that supports the information community.

In parallel with the entry in force of the new basic telecommunications law, government expects to complete re-negotiation of the concession contract of public-use telecommunications in order to adapt it to the new legal dispositions. It also expects to re-negotiate the following legal dispositions: the end of the exclusivity regime, obligations inherent to the concession, participation in universal access and interconnection conditions for new operators and service suppliers.

Setting up of the new legal and regulatory framework

The setting up of the new, simple and transparent, legal and regulatory framework is an essential condition for a proper functioning of the market in a context of openness of the sector to competition.

This new framework will allow the reaffirmation of the role of the different actors within the sector: (i) the Ministry in charge of telecommunications will continue to define sectoral policy; (ii) the regulatory body will promote implementation of sectoral policy and will supervise the implementation of legal and regulatory dispositions for the sector; and (iii) operators will take care of network exploration and the supplying of services.

The main texts relative to implementation of the new legal and regulatory framework of telecommunications in Guinea-Bissau that will be adopted in the last quarter of 1999 are:

Telecommunications Basic Law, setting out essential principles in the telecommunications field

Decrees that will complete the Basic Law, and which will deal with the following aspects: (i) access to the activity of network operator and supplier of public-use telecommunications service; (ii) system and interconnection rules between different operators and service suppliers; (iii) numbering plan; (iv) universal services; (v) management of frequencies and tariff system relating to licenses and use of frequencies; (vi) statutes of government’s consultative and regulatory bodies.

Other legal norms. In accordance with progress and requirements, other norms will be adopted to complete the new legal framework. They are namely regulation of competitive bidding for granting of licenses for new operators (especially for mobile telephone services and fixed cellular telephones), model of interconnection agreement, tariff systems, regulation of exploration of the different telecommunications services.

Setting up of the regulatory body

In the context of opening the telecommunications to new operators and service suppliers, it becomes necessary to redefine the role and attributions of actors wit a view to guarantee competition and the State’s impartiality. On the other hand, the Ministry in charge of telecommunications will keep responsibility for definition of sectoral policy, which comprises the granting of concessions on the basis of recommendations issued by the regulatory body.

Opening of the telecommunications sector

From the promulgation of the basic law onwards, the establishment and exploration of networks and the supply of all public-use telecommunications services will be open to competition under transparency and non-discriminatory conditions, namely:

Cellular networks: Licenses for operating cellular telephone networks will be granted in pursuant with the legislation in force according to market needs. To meet the strong market demands, the top government’s priority is to grant licenses for the establishment and exploration of supply networks of cellular telephones to private operators, by the end of the current year, through the launching of an open, transparent and competitive international bidding.
Global mobile networks by satellite (GMPCS): networks of world mobile networks by satellite may be represented in Guinea-Bissau by operators that will guarantee compliance with national legislation.
Data transmission services, rental of lines, Internet-access services and other value-added services: these services will be open to unrestricted competition, provided they follow recognized norms and comply with legislation in force.

Development of universal access in rural and sub-urban areas

Through reform in the sector, government intends to pursue a policy that aims at breaking isolation of populations living in rural and sub-urban areas as soon as possible. To accomplish that, requirements for the supply of services in rural areas will be included in cahiers de charge for telecommunications networks.

Additionally, government intends to accelerate implementation of new initiatives. Telecenters and community information centers have been successfully experimented with in various countries. Government expects to make good use now of those experiences to develop a rural strategy and a specific plan of action adapted to Guinea-Bissau’s geographical and cultural characteristics, to make information available to all citizens.

Furthermore, all network operators and telecommunications service suppliers that are granted licenses or authorizations will be required to contribute toward the Telecommunications Development Fund, which will serve to finance universal access. State subsidies will be granted on the basis of competition among interested operators.

Information campaign on expectations and reform benefits

Success of this reform is a function of information and adherence to the process by all actors in the sector and population at large. This reform, whose expectations go beyond the telecommunications sector, may lead to vastly positive effects on all segments of national populations that feel the need for better means of communications, in terms of availability, quality, price and better access to information.

Government expects to promote participation by all interested parties in this reform through an intensive and continuous information campaign throughout the process. Users, private investors, local communities, sector employees, liberal professionals and others, will be the target of this campaign, in order to make the public to appreciate and make use of the new opportunities arising from the new legal framework.

TIMEFRAME FOR IMPLEMENTATION OF THE REFORM

Government foresees to start implementation of reforms laid out in the current Declaration of Sectoral Telecommunications Policy with the utmost urgency and bearing in mind necessary precautions. Special care will be taken to avoid possible mistakes from a precipitated reform centered in a liberalization out of control.

Thus, government envisages to create the necessary conditions within one (1) month from the date of approval of this declaration with a view to begin the effective implementation of the set of reforms foreseen.

Bissau, October 18, 1999

TELECOMMUNICATIONS BASIC LAW

Decree No. _____/99

TELECOMMUNICATIONS BASIC LAW

The current law translates government policy in telecommunications,

With a view to:

- Promote the development of telecommunications in Guinea-Bissau through the definition of an adequate legal framework in accordance with globalization demands;

- Promote and emphasize the role of telecommunications as a fundamental instrument in economic and social development:

- Create conditions favorable to the emergence and development of competition in the telecommunications sector in order to facilitate access to users of new services at the best prices;

- Develop and improve telecommunications services of public use aiming at a better coverage nationwide in terms of universal access to telecommunications;

- Government decrees under the terms of paragraph (f) Article 10 of the Pact of Political Transition, the following:

CHAPTER 1

GENERAL DISPOSITIONS

Article 1

Object and scope

The current law has as its object the definition of broad bases that will govern the establishment, management and exploration of telecommunications networks and services within Guinea-Bissau territory.

The current law is not applicable to telecommunications broadcasting services.

Article 2

Definitions

For the purposes of the current law, the following definitions apply:

Administration: the body in charge of regulations in the telecommunication sector of Guinea-Bissau
Universal access: the minimal set of services, of a specified quality, accessible to all users, irrespective of their geographical location, according to specific national conditions, at an accessible price;
Communications: the service through which the transport or transmission of messages or information is carried out with help of adequate technical means. The concept of messages and information is used in broad terms, encompassing namely texts, symbols, signals, pictures and sounds;
Terminal equipment: equipment meant to be connected to the telecommunications network, both directly to a terminal point within the network, both and to interact with the latter through this direct or indirect connection ,utilizing in both cases metallic wire, radio-electrical means, optical systems or any other electromagnetic system to send, process or receive information;
Telecommunications infrastructure: the set of links, connections and equipment defined under article 4;
Compatibility of terminal equipment: the capacity of that equipment to operate both with the system and other terminal equipment that allow access to the same service;
Interconnection: physical and logical connection of telecommunications networks utilized by the same organization or by a different organization to enable users of a an organization to communicate with users of the same organization or of another organization or to have access to services provided by other organization. Parties involved or third parties with access to the network may provide those services;
Open-network supply; the set of technical, supply and utilization conditions underlying efficient access to a telecommunications network;
Telecommunications operator; any entity active in telecommunications;
Terminal points; points of physical connection that meet technical specifications necessary for access to a telecommunications network and an effective communication through those points. The following are integral parts of the network

When a telecommunications network is connected to a foreign network connection points to the latter are deemed as being terminal points;

If a telecommunications network is meant to transmit signals through broadcasting installations, connection points to those installations are deemed as being terminal points;
Telecommunications network: transmission systems, and if that is the case, commutation and other resources that allow the transportation of signals between terminal points defined by wires, hertzian beams, optical means or other electromagnetic means.
Mobile public telephone network: the telephone network in which the terminal points are not set in fixed places;
Essential requisites: necessary demands to guarantee general interest namely safety of both users and staff involved in exploration of telecommunications, networks protection of networks and, more specifically, the correct use of the radio-electrical spectrum;
Basic services: category of services defined under paragraph (a) article14;
New services: category of services defined under paragraph (a) article14;
Hired circuit services: supply of basic network’s transmission capacity, in a transparent way, on a temporary or permanent basis, which allows telecommunications between two points, in accordance with pertinent ITU (International Telecommunication Union) recommendations;
Telex services: service to telegraph subscribers that enables users to communicate directly between themselves through teleprinters connected to their respective network.
Value added service: service that does not require their own telecommunications infrastructure and are differentiable with regard to their own supporting service.
Commuted fixed service of data transmission: supply of addressed transportation of data, originating from and destined to the fixed system of access to subscribers, allowing any user to utilize the equipment connected to his/her terminal point to communicate with another terminal point;
Fixed telephone system or vocal telephony: supply of addressed transportation of voice, in real time, originating from and destined terminal points at he basic telecommunications network, allowing any user to utilize the equipment connected to his/her terminal point to communicate with another terminal point;
Supporting services: a service of simple data transportation whose objective is solely to transmit and channel signals between a system’s terminal points, without submitting those signals to treatments other than the necessary one to its transmittal or channeling and control of those functions;
Telecommunications services: all services that include transmission or channeling of signals or a mix of those functions through telecommunications processes;
Mobile public telephone services: the telephone service whose supply consists, as a whole or in part, of the establishing of radio-communications with a mobile user, utilizing, totally or partially, a public mobile telephone network;
Telecommunications: the transmittal, reception or broadcasting of signals, symbols, writing, pictures, sounds or information of any nature, through wires, radio-electrical means, optical or other electromagnetic systems;
Users: persons, including consumers, or entities, that utilize or request telecommunications services accessible to the public.

Article 3

Classifications

Telecommunications are classified are as follows:

Public-use telecommunications: services meant for use of the public at large
Private telecommunications: services meant for own use or to a restricted number of users.

Public-use telecommunications and private communications are subdivided into:

Addressed telecommunications: those telecommunications in which information is only sent to one or more predestined recipients:
Broadcasting telecommunications: those telecommunications that are carried out in one way only, simultaneously, to various reception points and without prior addressing.

According to recipient, telecommunications services are classified into:

Public-use telecommunications services: those services meant for the public at large
Private telecommunications: those services meant for own use or to a restricted number of users.

Public-se telecommunications and private telecommunications are subdivided into:

Addressed telecommunications services: those that imply prior addressing;
Broadcasting telecommunications services: those in which communication takes place in one way only, simultaneously, to various reception points and without prior addressing.

telecommunications networks are classified as follows:

Public telecommunications networks: those that support, as a whole or in part, public-use telecommunications services;
Private telecommunications networks: those that support solely private telecommunications services.

Article 4

Telecommunications infrastructures

Telecommunications infrastructures are defined as the set of links, connections and equipment that allow the interconnection between two or more points for the telecommunication between themselves, comprising namely:

Concentration, commutation and processing links.
Tracks, cables or sets of aerial, underground, sub-fluvial or submarine wires and other transmission systems;
Submarine cable stations.
Radio-electrical centers ;
Satellite-communication systems;
Hertzian beams.

Article 5

Secrecy of telecommunications services

Bearing in mind their nature and their aims, privacy and secrecy of public-use telecommunications services is guaranteed under the law.

Article 6

Coordination of telecommunications in emergency situations

It is the state’s duty to ensure, in accordance with the law, adequate coordination of telecommunications networks and services in emergency, crisis or war situations.

CHAPTERII

TELECOMMUNICATIONS LEGAL FRAMEWORK

Section I

TELECOMMUNICATIONS NETWORKS

Article 7

Public telecommunications networks

1. The establishment, management, exploration and utilization of public telecommunications networks are free.

The establishment, management and utilization of public telecommunications networks may only be conditioned by limitations relating to the radio-electrical spectrum, availability of sufficient numbers or security and public order reasons.

Article 8

Basic telecommunications network

It is the State’s duty to ensure the existence, availability and quality of a public addressed-telecommunications network, denominated basic network, that covers communications needs of citizens and economic activities nationwide and ensures international connections, taking into consideration demands arising from a harmonious and balanced economic cum social development.
The basic telecommunications network is made up of the fixed system of access to subscribers, the transmission network and the concentration, commutation or processing links, when they deal with the delivery of fixed-telephone or telex services.
Regarding dispositions under the preceding paragraph, the following definitions apply:

Fixed system of access to subscribers: the whole set of transmission means located between a fixed point, involving physical connection to the subscriber’s terminal equipment and another point located at the level of the physical connection at the first concentration, commutation or processing link;
Transmission network: the whole set of physical or radio-electrical means that establish connections for transportation of information between concentration, commutation or processing links;
Concentration, commutation or processing links: the whole mechanism or a system that channels or processes information originating from or destined to the subscriber’s access system.

The basic telecommunications network will operate as an open network, with a supporting role in the transmittal of services in general. Its utilization should be assured by all telecommunications operators under free and fair competition.
The basic telecommunications network constitutes a public good and it may, under the law, be granted to operators of public telecommunications services.

Article 9

Private telecommunications networks

Conditions governing the setting and utilization of private telecommunications networks are defined under a bill arising from this law.
Private networks belonging to the armed forces, security services and emergency obey specific legislation.

Article 10

Interconnection

Interconnection is guaranteed through the basic telecommunications law.
Interconnection is also guaranteed through operator networks with significant market shares, following criteria to be defined under the bill described under 4.
Interconnection agreements between operators of public telecommunications networks and/or suppliers of addressed public-use telecommunications services.
Interconnections rights and duties relating to centers and some categories of telex operators or service providers are set out under a bill arising from this law.

Section 2

TELECOMMUNICATIONS SERVICES

Article 11

Public-use telecommunications services

The principle of telecommunications liberalization is established and is to be practiced in accordance with the applicable legislation.

Article 12

Universal access to telecommunications

It is State’s duty to ensure the existence and availability of universal access to telecommunications.
Regarding dispositions under the preceding paragraph, the provision of fixed-telephone services is guaranteed These services may be explored by:

The State;
A public collective entity;
A private collective entity.

Universal access may further include other telecommunications services of public use declared by government.

Article 13

Universal access costs

Operators of public telecommunications networks for transportation of voice bear, under terms to be set out in bills arising from this law, costs derived from universal access.

Article 14

Basic services and new services

With regard to the current law and ensuing bills, public-use telecommunications services are classified according to their nature in:

Basic services: made up of fixed-telephone and telex services;
New services: value-added services and all remaining services that are not included in the `basic services` category.

Article 15

General principles for setting tariffs and prices

The principle of liberalization of tariffs and prices related to telecommunications services are established by law.
Without detriment to the former, the price regime concerning universal access to telecommunications is subject to specific legislation.

Article 16

Numbering

It is guaranteed the existence, under the terms of a bill arising from the current law, of a national numbering plan that ensures full inter-operation of public telecommunications networks of public use as well as the gradual implementation of portability of client’s number
Processes for granting numbers or series of numbers to clients follow transparency, equity and efficacy principles.

Article 17

Right of access to public-use telecommunications services

Everybody has the right of access to public-use telecommunications services through payment of corresponding tariffs and fees, provided applicable legal dispositions and regulations are followed.

Section 3

Competition

Article 18

Upholding of competition

It is forbidden to network operators and telecommunications services suppliers any practice that runs against free and fair competition or that translates into abuse of a dominant position.
Universal-access operators should ensure utilization of their networks to all network operators and telecommunications-services suppliers.

Section 4

Terminal equipment

Article 19

Certification

Terminal equipment is provided free of charge.
Without detriment to the preceding paragraph, terminal equipment to be connected to a network open to the public require certification by management in accordance with the applicable law.
The certification mentioned under the previous paragraph is always requested for radio-electrical installations, regardless if they are meant for a public network or not.
Certification of terminal equipment aims to ensure compliance with essential requisites and ascertain that the equipment is in line with technical norms and specifications in effect in Guinea-Bissau.

Article 20

Conditions for connection to the network’s terminal links

It is management’s tasks to set:

Procedures for certification, and namely the special conditions under which that certification is carried out for radio-electrical installations meant to be granted to networks described under article 9.
Conditions regarding publication of technical specifications for installations and equipment subject to certification as well as conditions for connection of terminal points to public networks.
Criteria and procedures for the registering of persons called upon to connect, operate and repair these equipment and installations.

Section 5

Radio-communications

Article 21

Public radio-electrical domain

The space within which radio-electrical waves can propagate constitutes public domain. Its management, administration and supervision fall under the state and follows special legislation, with respect to dispositions under applicable international treaties and agreements.

Section 6

Protection of telecommunications infrastructure

Article 22

Execution of works on public telecommunications networks

Public communications networks operators may carry out, without any counterpart, any work necessary, be it in the air, on the ground or underground of public ways, necessary for the constitution and maintenance of telecommunications lines, in conformity with applicable laws in force.

Article 23

Expropriations

Expropriation and constitution of administrative services indispensable for the construction and radio-electrical protection of installations necessary to supervision of the radio-electrical spectrum as well as the installation, protection and conservation of public telecommunications networks infrastructures are allowed under the law.

Section 7

Application of legal regime

Article 24

Work activities

Work activities by an operator of a public telecommunications network and a telecommunications services provider require a license or registration, under conditions set out by a bill arising from the current law.

Article 25

Concession contract of public-service telecommunications

Without detriment to dispositions under article 24, rights for the setting up, management and exploration of a basic telecommunications network by a private collective body under the terms of paragraph 2.c) of article 12 are guaranteed through a concession contract signed with the State.
The concession contract described under the preceding paragraph will include the following items:
1. Nature of service and characteristics of service coverage;
2. Norms and specifications concerning the network and the service;
3. Contribution to research, training and normalization in the telecommunications field.
4. Agreements to be established with Guinea-Bissau Telecommunications Institute on
  
  (i) Basic network’s development objectives;
  
  (ii) Objectives for minimal supply of services relating to technical characteristics and application of new technologies;
  
  (iii) Standards and indicators of quality of services provided as well as methods and new techniques for their respective determination.
5. Development plan;
6. Concession supervision;
7. Accounting system
8. Concession fees to be paid to the State.
9. Licensing and registration conditions set out in the bill that govern access to the activity of public telecommunications operator and of provider of public-use telecommunications services;
10. Other conditions agreed by the signatories.
The signing of the contract falls under the Council of Ministers.
The two signatories agree upon the duration of the contract.

CHAPTER III

AUTHORITIES IN CHARGE OF EXECUTION OF THE PRESENT BILL

Article 26

Telecommunications supervision

1. It is the State’s duty to define strategic lines and general policies, the approval of legislation applicable to the sector, the superintendence and supervision of telecommunications and activities of telecommunications operators.

2. The Minister in charge of telecommunications represents Government in this sector.

Article 27

Planning and coordination of the national telecommunications network

1.The infrastructure network of the various civilian telecommunications networks, including broadcasting ones, will follow an adequate coordination, aiming at bringing out the best of those systems with a view to properly meet needs relating to socioeconomic development, national defense, internal security and civil protection.

2.The development and modernization of the basic telecommunications network and public networks that operate broadcasting systems will meet conditions set out in a master plan of telecommunications infrastructures, articulated with the territory ordnance survey.

Article 28

Government’s consultative body for telecommunications

1.The Higher Council on Telecommunications is thereby created and is placed under supervision of the Prime Minister.

2.The Higher Council on Telecommunications is government’s consultative body regarding coordination of different civilian, armed forces and security services telecommunications systems, without detriment of specific functions of ministers in charge of national defense, internal security, civil emergency planning and civil protection.

3.The composition, scope of action and operation of the Higher Council on Telecommunications will be part of its organic statute.

Article 27

Telecommunications regulatory body

1. The Guinea-Bissau Telecommunications Institute is hereby set up and is empowered with legal status and administrative and financial autonomy as well as its own patrimony. It operates under supervision of the Minister in charge of telecommunications.

2. The Guinea-Bissau Telecommunications Institute aims at assisting government in the coordination, supervision and planning of the public-use telecommunications sector as well as in the representation and regulation of this sector and management of the radio-electrical spectrum.

3. The functions, organization and operation of the Guinea-Bissau Telecommunications Institute will be defined in its respective organic statute.

CHAPTER IV

MISCELLANEOUS DISPOSITIONS

Article 30

Supervision and sanctions regime

Dispositions relating to supervision and carrying out of lawsuits regarding non-compliance and sanctions are part of bills arising from the current law.

CHAPTER V

FINAL AND TRANSITORY DISPOSITIONS

Article 31

Direct international interconnection

Until June 30, 2000, the direct international connection of public-use telecommunications services to networks and mobile and fixed services will continue to be delivered solely by the basic network’s concession holder.

Article 32

Rules and entry into effect

1. Government will promote the development and regulation of the current bill and adapt it to the Concession Contract of Guiné Telecom, to the principles hereby defined.

2. The publishing of regulations related to telecommunications services will be carried out gradually, in accordance with market requirements.

3. The current legal framework remains valid until the entering in force of the following bills:

The decree that governs accession to activity as an operator of public telecommunications networks and provider of public-use telecommunications services.
Statutes of the Guinea-Bissau Telecommunications Institute

Article 33

Revoked legislation

The preceding dispositions that counter the current bill are revoked. They are as follows:

(a) Decree no. 15190, of May 18, 1928;

(b) Decree no. 492, of October 4, 1974.

Approved in Council of Ministers on August 18, 1999.

Francisco José Fadul

Prime Minister —

Eng. Carlos Schwartz Silva

Minister of Social Equipment —

Promulgated on ____________ ____ 1999

To publish

The President of the Republic, ad interim

Malam Bacai Sanhá