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OFFICIAL JOURNAL OF THE GABONESE REPUBLIC
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FEBRUARY 28, 2018 - N ° 386 Ter
The Council of State consulted;
The Council of Ministers heard;

Ordinance n ° 00000013
00000013
/ PR// 2018 of 23 February
of 23 February
2018 2018
wearing
regulations
regulation
entation
of
vs
communi
communications
communication
electronics in the Gabonese Republic

ORDERS:
Article 1 st
: This ordinance, taken into
application of the provisions of article 47 of the
Constitution, regulates communications
electronics in the Gabonese Republic.

THE PRESIDENT OF THE REPUBLIC,
HEAD OF STATE ;
Considering the Constitution;
Considering the law n ° 023 / PR / 2017 of December 29, 2017
authorizing the President of the Republic to legislate by
ordinances during parliamentary intersession;
Having regard to Regulation n ° 17/99 / CEMAC-20-CM-03
of 17 December 1999 relating to the Charter of
Investments;
Having regard to Regulation n ° 02/00 / CEMAC / UMAC / CM
of 29 April 2000 on the harmonization of
exchange regulations in the states of
CEMAC;
Considering the law n ° 004/2001 of June 27, 2001 relating
reorganization of the postal sector and the
telecommunications in the Gabonese Republic, together
subsequent amending texts;
Considering the law n ° 005/2001 of June 27, 2001 relating
regulation of the telecommunications sector
The Republic of Gabon ;
Considering the ordinance n ° 10/89 / PR of September 28
1989 regulating the activities of
trader, industrialist or craftsman in the Republic
Gabonese,
together
the
texts
modifying
subsequent;
Considering the ordinance n ° 00000008 / PR / 2012 of 13
February 2012 establishing and organizing the Agency
of Regulation of Electronic Communications and
Post, ratified by law n ° 006/2012 of August 13, 2012,
together the subsequent amending texts;
Considering the ordinance n ° 006 / PR / 2014 of August 20
2014 amending certain provisions of the law
n ° 005/2001 of June 27, 2001 regulating the
telecommunications sector in the Republic
Gabonese;
Considering the ordinance n ° 45/71 of August 23, 1971
establishing the Post and Telecommunications Code
of the Gabonese Republic;
Considering the decree n ° 0212 / PR of January 27, 2011
establishing and organizing the National Agency
Digital Infrastructures and Frequencies;
Considering the decree n ° 0406 / PR / MENCP of March 12
2013 on the attributions and organization of the Ministry of
the Digital Economy, Communication and
Post;
Considering decree n ° 0473 / PR of September 28, 2016
appointing the Prime Minister, Head of
Government;
Considering the decree n ° 0252 / PR of August 21, 2017 on
reshuffle of the Government of the Republic,
together the subsequent amending texts;

Title I: General provisions
Chapter I st : Object and the scope
Article 2: This ordinance applies to
establishment and operation of networks and
electronic communications services in
The Republic of Gabon.
Are excluded from the scope of
this ordinance:
-the State facilities established for the needs of the
national defense of public security or using,
exclusively for the specific needs of a
administration, frequency bands allocated
directly to this administration, in accordance with
advice and the prescriptions of the International Union of
Telecommunications for short ITU;
-the operation of broadcasting services intended for
public broadcast over the air, by cable or by
other means of communication.
Chapter II: Definitions
Article 3: For the purposes of this ordinance, we mean
through :
-access: any provision of resources, materials or
software, or services, by an operator with a view to
supply
of
services
of
communications
electronic;
-affiliate or assigning authority: department
ministerial,
establishment
public
or
independent administrative body with access to one or
several frequency bands for its own use or
with a view to assigning frequencies to third parties;

authority

-frequency assignment: authorization given by a
assigning authority for use by a station
radio frequency or channel
radio frequency determined according to conditions
specified;
-authorization: any title issued by the State which confers the
right to establish and operate networks or provide
electronic communications services;

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-regulatory authority: authority ensuring the regulation
the electronic communications sector;

- interconnection link: physical and logical link
networks open to the public operated by the same
operator or a different operator, in order to allow
users of an operator to communicate with
users of the same operator or another, or
to access services provided by another operator;

-client: any natural or legal person party to a
contract with a service provider
electronic communications;
-communications
electronic
:
transmission or reception of signs, signals,
of writings, images or sounds by electronic means;

program,

- net cost: difference between investment costs and
operating conditions necessary for the provision of the service
universal and the revenues generated directly or
indirectly through services;
- terminal equipment: any equipment intended to be
connected directly or indirectly to a point of
termination of a network for the purpose of transmission,
processing, viewing or receiving
information;
-essential requirements: requirements necessary for
guarantee, in the general interest, the safety of personnel
operator and users of the
electronic communications, network protection,
interoperability of services and equipment
terminals as well as the protection of personal data
staff and the proper use of the spectrum
radioelectric;
- operators of alternative infrastructure: people
authorized legal entities and legal persons
under private law, public service concessionaires or
any other person governed by private law, having
infrastructure or rights that can support or
help support communications networks
electronic without their being able to exercise by them
even the activities of network operator of
electronic communications open to the public within the meaning
of this Ordinance;
-infrastructures
alternatives
:
mobilizable infrastructure that can facilitate the
deployment of communications networks
electronics other than infrastructure specific to
electronic communications;

5

together

- interconnection: reciprocal services offered by
two operators of networks open to the public who
allow all users to communicate
freely among themselves regardless of the networks to which
they are connected or the services they use;
-national roaming: access service provided by a
mobile network operator to another operator of
mobile network in order to allow, on an area
covered by the first operator, the reception of customers of the
second operator;

- relevant or reference market: place where
meet supply and demand for products and
services considered by buyers or users
as substitutable with each other;
- geographic number: any number of the national plan
telephone numbering whose structure contains
a geographical indication used to convey the
calls to the network endpoint
correspondent;
- non-geographic number: any number of the plan
national telephone numbering structure,
does not contain a geographical indication;
-operator: any legal person operating a network
electronic communications open to the public or
providing the public with a communications service
electronic;
- infrastructure operator: any legal person or
registered entity, company or organization establishing a
electronic communication infrastructure for
rental capacity to the State,
operators holding operating permits;
-operator exercising a significant influence:
operator who individually or jointly with
others, is in a position equivalent to a
dominant position and is able to behave,
to a significant extent, independently
its competitors, customers and consumers;
-public operator: any body or establishment of
the State, placed under the supervision of the Ministry in charge of
Electronic Communications, to which is entrusted a
public service mission of the State;
- endpoints of a network: physical points
through which users access a network of
electronic communications open to the public;
-portability: service offered to customers allowing them
to keep their numbers in the event of a change
operator;
-electronic communications network:
transmission and, where applicable,
communication or routing and other resources that
allow the routing of signals by cable,
Hertzian way, by optical means or by other
electromagnetic means, including networks

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satellite, fixed terrestrial networks (with
circuit or packet switching, including
internet) and mobile, systems using the network
electric, insofar as they serve for the transmission of
signals, networks used for broadcasting
sound and television and cable television networks
whatever the type of information transmitted;

affordable, regardless of location
geographic;

-private network: electronic communications network
reserved for the use of one or more people
constituting a closed user group, with a view to
to exchange internal communications within this
group;

Chapter III: Principles and general objectives

-network, installation or radioelectric equipment:
network, installation or equipment using
radio frequencies for the propagation of
waves in free space;
-internal network: communications network
private electronic fully established on a property
without borrowing neither the public domain nor a property
third;
- network open to the public: any network of
electronic communications established or used for
provision of communications services to the public
electronic or public communication services
electronically;
-Value-added services: all services
additional to the telecommunications services of
basic, mobile phone and internet;
- internet services: electronic messaging services,
file transfer, connection to a machine
remote, dialogue between groups of users in
real time, or information search in
servers;
-Electronic communications service:
transmission of signals over
telecommunications accessible to the public, whatever
the type of information transmitted (sound, voice, image,
data, etc.);
-transmission media services:
transport of information, the object of which is either
transmit, or transmit and route
signals between the termination points of a
electronic communications, without subjecting these
processing signals other than those necessary for
their transmission, their routing and the control of
these functions;
-universal service: minimum set of services
defined of good quality that is accessible to all
of the population under tariff conditions

- user: any natural or legal person
using an electronic communications service at
for private or professional purposes without being
necessarily customer to this service.

Article 4: Regulation of communications
electronic aims, subject to compliance with order
public, to:
-promote the development and modernization of
electronic communications networks and services;
-pursue the liberalization of the activities of
electronic communications;
-promote the development of effective competition
and loyal in the communications industry
electronic;
-promote investment, innovation and employment in
the electronic communications sector;
-promote the development of the internal market of
sub-region by guaranteeing non-discrimination in
the treatment of operators from Member States of
the sub-region, subject to reciprocity;
-ensure the interconnection and access to the networks of
electronic communications open to the public;
-ensure
use
effective
of
frequencies
radio stations as well as
numbering and addressing;
-facilitate access to the universal service;
-guarantee the protection of network users and
electronic communications services;
-guarantee compliance by operators with obligations
related in particular to the regulation of the sector,
national defense, environmental protection,
public health and safety.
Article 5: Communication networks and services
electronic devices are operated or provided freely in the
compliance with licenses, authorizations and declarations
provided for by this Ordinance, subject to the
appropriate, authorizations relating to the use of
radio frequencies.
Article 6: Electronic communications obey
the principle of technological neutrality. This principle
does not affect the promotion of certain services
specific measures by means of proportionate measures.
Article 7: The Ministry in charge of the Economy
Digital and the Regulatory Authority each take
in its area of ​competence, measures
reasonable and proportionate to the objectives pursued.

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They consult, as necessary, the parties
interested parties on measures having an impact on the
national electronic communications market.

7

Article 13: The license can be granted to
the successful tenderer after a call for competition.
Article 14: The call for competition procedure in view
of the licensing is initiated by the Ministry in
in charge of the Digital Economy and led by
the Regulatory Authority.

Title II: Institutional framework
Article 8: The institutional framework of the
electronic communications includes:

Article 15: The license is granted by decree of
Minister in charge of Electronic Communications on
report of the Regulatory Authority.

-the Ministry in charge of Communications
Electronic;
-the Regulatory Authority;
-the advisory bodies;
-public operators.

The decree granting the license and its specifications
charges are published in the Official Journal.

Article 9: Powers and organization of the organs
referred to in Article 8 above are fixed in accordance with
to the provisions of the texts in force.

The granting or renewal of the license to
the successful tenderer is subject to payment of a consideration
financial.
Article 16: The license is granted on a personal basis,
for a period not exceeding ten years.

Title III: Legal regime of communications
electronic
Chapter I st : Networks and Services
electronic communications
Article 10: Communication networks and services
electronic are subject, in the forms and conditions
defined by this ordinance and its texts
of application, to one of the following regimes:
-License ;
-authorization;
-the statement ;
- free networks and services.

Article 17: Procedures for assignment, transfer,
modification, suspension, reduction of duration,
renewal and withdrawal are fixed by order of
Minister in charge of Electronic Communications
in accordance with the provisions of the texts in force.
Article 18: The license holder is subject to the
rules defined in the specifications drawn up by
regulatory authority, approved by the ministry.
Section 2: Authorization

Article 11: Operators operating networks of
communications open to the public or providing
communications services to the public are subject to
payment :
-a contribution to research, training and
communications standardization
electronic;
-a contribution to the special universal service fund
electronic communications;
-a contribution to the regulation of
electronic communications.
The rates, amounts and terms of
recovery of these contributions are set by way of
regulatory.
Section 1: Licensing
Article 12: The establishment, operation of networks and
the provision of communications services
electronic systems open to the public, including the access network
uses radio frequencies, are subject to
licensing regime.

Article 19: Are in particular subject to the
authorization:
-the establishment, operation of networks and supply
electronic communications services open to
public not using radio frequencies
for the access network;
-the establishment and operation of private networks,
with the exception of those referred to in article 22 of this
order ;
-the establishment and operation of mobile networks
virtual services for the provision of
electronic communications open to the public;
-the activity of installer of equipment and infrastructure
electronic communications;
-the sale of communications equipment
electronic;
-Equipment testing and measurement laboratories
electronic communications.
Article 20: The authorization is issued by the Authority
regulation.
It can only be refused for one of the
following reasons:

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-the safeguard of public order or the needs of
national defense and public security;
-the constraints inherent in the availability of
frequencies;
-the technical or financial inability of the applicant to
meet the obligations resulting from the conditions
exercise of its activity;
-when the applicant has been suspended or
a withdrawal of authorization;
-when the applicant has been subject to a sanction
judicial.

The refusal decision must be motivated and notified
to the declarant.

Any refusal of authorization is justified and notified to the
applicant.

Article 26: Networks and services can be
freely established subject to compliance with the requirements
essential in particular:

Article 21: The authorization is accompanied by a notebook
charges developed by the Regulatory Authority.
The specifications determine the rules
establishment and operation of networks and services
as defined by the texts in force.
The terms of allocation, renewal and
withdrawal of the authorization are set by order of
Minister in charge of Electronic Communications
in accordance with the provisions of the texts in force.
Section 3: Declaration

Article 25: Holders of a license,
authorization or declaration are subject to
payment of a financial contribution, the scale of which is
set by order of the Minister in charge of Communications
Electronic on a reasoned proposal from the Authority
regulation.
Section 4: Free networks and services

-internal networks;
-the
facilities
radio
composed
exclusively low power and low power devices
scope belonging to categories determined by
decree of the Minister in charge of Communications
Electronic.
The technical operating conditions of
networks referred to in the above paragraphs are fixed by the
texts in force.
Chapter II: Interconnection and access to
network

Article 22: Are particularly subject to declaration
preliminary:
-provision of value-added services;
-the provision of internet services without establishment of
networks;
-the establishment and operation of private networks
made up of the capacities of lines leased from
network operators open to the public;
- transmission media services;
-data processing;
-the possession of a low-power transmission device
and low range with the exception of devices belonging to
categories determined by decree of the Minister responsible
of Electronic Communications.
The modalities relating to the declaration are
set by the Regulatory Authority.
Article 23: Operation of the services referred to above
is subject to compliance with the provisions of the texts in
force.
Article 24: The Regulatory Authority may oppose
the exercise of activities subject to declaration when
is convinced that the company concerned does not have the
technical or financial capacity to cope with
essential or public interest requirements.

Section 1: Interconnection
Article 27: Network operators open to the public
are required to publish a technical and price offer
interconnection. This offer is approved by the Authority
regulation before its publication.
The list of interconnection services that
must appear in the technical and price offer is
specified by regulation.
Article 28: Network operators
electronic communications open to the public are
required to accept, under objective conditions,
transparent and non-discriminatory, requests
interconnection of other network operators
open to the public.
Communications network operators
electronic devices open to the public have the obligation to
negotiate in good faith any request for interconnection
addressed to them.
Article 29: Interconnection cannot be granted
that operators holding a license,
authorization or a declaration issued pursuant to
of the provisions of this ordinance and according to the
terms and conditions set by regulation.

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Article 30: Interconnection is subject to
private law agreement between the parties concerned.
This convention determines, in compliance with
provisions of this Ordinance, the conditions
technical and financial interconnection.
Article 31: The interconnection agreement is
communicated to the Regulatory Authority for
approval.
The Regulatory Authority may, on its own
on the initiative or at the request of one of the parties,
modification of the interconnection agreement
The Regulatory Authority may impose, by
reasoned decision and if necessary under financial penalty,
the immediate realization of the interconnection in
waiting for the conclusion of an agreement
interconnection, if it considers urgent action to
preserve competition and protect the interests of
users.
Article 32: The operators who control access to
end users may be required by the Authority
regulation of obligations in order to ensure the good
operation and interconnection of their networks as well
as access to services provided on other networks.
Section 2: Infrastructure sharing
Article 33: Communications infrastructures
electronic, established in the public domain or for
needs of public service missions, can be
used for development, operation of
networks open to the public or supply to the public of
any electronic communications service.
Article 34: Network operators open to the public
are required to prioritize infrastructure sharing
existing before proceeding with the deployment of a
new infrastructure.
They publish a technical and financial offer of
infrastructure sharing.
Article 35: The request for infrastructure sharing must
be in writing. The operator managing
infrastructure concerned is required to respond to them in a
thirty days from receipt of the
request.
It cannot be refused, if it does not create any
disturbance or other technical difficulty with regard to
good network establishment and good operation
of service.
In case of refusal, the decision must be motivated and
notified to the interested party.

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Article 36: The sharing of infrastructure is subject to
agreement between the operators concerned.
This convention determines, in compliance with
provisions of this Ordinance and of the texts in
force, the technical and financial conditions of the
infrastructure sharing service. It is transmitted
to the Regulatory Authority for approval and
communicated to the Minister in charge of Communications
Electronic for information.
Article 37: The Regulatory Authority may, of its own
on the initiative or at the request of a third party,
modification
of
the convention
of
infrastructure, to ensure equal conditions of
competition or interoperability of services.

sharing

Article 38: The Regulatory Authority may impose
infrastructure sharing obligations whether they are
existing or to be built, to meet the objectives
competition or land use planning.
Article 39: The Regulatory Authority, in its
assessment of the proportionality of the obligations
of infrastructure sharing that it can impose, takes
taking into account in particular:
-the technical and economic viability of the use
shared infrastructure planned;
-the degree of technical feasibility of sharing
existing infrastructure given the capacity
available;
-the initial investment made by the owner of the
resources and the risks inherent in the investment.
A precise decision of the Regulatory Authority
the modalities of application of this article.
Article 40: Every operator keeps a system up to date
information gathering data relating to their
existing infrastructure.
The regulatory authority as far as it is concerned
maintains an information system bringing together the
data relating to existing infrastructure.
To this end, network operators open to the
public are required to communicate the information
relating to the situation of their infrastructures, the
their frequency and format, allowing them to be
integration into the aforementioned information system.
Section 3: National roaming
Article 41: The national roaming service is
ensured under objective, transparent and
non-discriminatory.

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This service is subject to an agreement
between mobile network operators.
This agreement determines the conditions
technical and financial provision of the service
national roaming. It is sent to the Authority
regulation for approval and communicated to
Minister in charge of Electronic Communications,
for information.
Article 42: The Regulatory Authority may, of its own
initiative or at the request of one of the parties, propose the
modification of national roaming agreements already
concluded, to guarantee the equality of
competition or interoperability of services.
Article 43: When the implementation of a service
national roaming is necessary to
meet competition objectives or
land use planning or access to the service
universal, the Regulatory Authority may at the request of the
Minister or on his own initiative, make a decision
to require operators to provide the service
national roaming in defined areas and for a
fixed term, under the conditions provided for by this
decision.
Section 4: Operators exercising influence
significant in a relevant market
Article 44: The regulatory authority identifies the
operators with a significant influence on
relevant markets, after analysis of the state and evolution
foreseeable competition in these markets.
The Regulatory Authority carries out these analyzes
regular intervals.
When the Regulatory Authority carries out
analyzes, it can launch a public consultation
view to collect observations. The result of these
consultations is made public, subject to
restrictions provided for by the regulations in force.

FEBRUARY 28, 2018 - N ° 386 Ter

Article 47: Compliance with the obligations imposed on a
operator exerting a significant influence on a
relevant market is verified, at the operator's expense, by
an independent body appointed by agreement between the parties, or
default by the Regulatory Authority.
The obligations provided for in this article are
imposed, maintained or abolished, taking into account
market analysis.
Article 48: The obligations provided for in article 46 below
above are not applicable to emerging markets,
especially those created by technological innovation,
unless otherwise decided by the Regulatory Authority.
The provisions of this article are
supplemented by regulation.
Article 49: The Regulatory Authority, in its
assessment of the proportionality of the obligations
imposed on the operator exerting a power
significant in a relevant market takes into
consideration of the following indicative elements,
especially :
-the technical and economic viability of the use or
setting up competing resources, taking into account
given the pace at which the market is changing and the nature
and the type of interconnection and access concerned;
-the degree of feasibility of the proposed access provision,
taking into account the available capacity and the conditions
techniques ;
-the initial investment made by the owner of the
resources, without neglecting the risks inherent in
investment;
-the need to preserve competition in the long term;
- any intellectual property rights
relevant;
-the extent of the offer of services within
regional and sub-regional organizations;
-the real impact of the provision of access on the
competition.
Section 5: Access to alternative infrastructure

Article 45: The analyzes carried out to assess the
relevance of a market and identify operators
exercising significant power in the markets
relevant are based on a specific methodology
by the Regulatory Authority.
The Regulatory Authority establishes and publishes the list
operators exercising a significant influence on
relevant markets.
Article 46: At the end of the market analysis, the Authority
regulation may require any operator exercising a
significant influence on a relevant market for
electronic communications one or more
obligations determined by regulation.

Article 50: Operators of alternative infrastructure
can rent or transfer to operators of
electronic communications open to the public, in the
compliance with the legislation relating to the occupations of
public domain, the excess capacity they
have after deploying infrastructure
intended for their own needs or rights of way
on the public domain, easements, rights-of-way,
civil engineering works, arteries and pipelines and
high points they have.
The rental or transfer agreement must be
communicated to the Regulatory Authority for information.

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The income and expenditure relating to this
transfer or rental are tracked in an accounting
separate from the operator of alternative infrastructure.
Rental or transfer of infrastructure
alternatives must not infringe the rights of
passage that other operators are entitled to obtain
public electronic communications networks.
A regulatory text specifies the modalities
application of this section.
Chapter III: Radio frequencies
Article 51: The national frequency plan specifies the
distribution of frequencies or frequency bands
radio between different categories of services
and recipients, in accordance with the Regulations of
radiocommunications of the International Union of
Telecommunications.
This plan is adopted by order of the Minister responsible
of Electronic Communications, on the proposal of
the Regulatory Authority.
Article 52 : The use of electric radio frequencies
available on the national territory by the holders
authorization constitutes a private tenure
in the public domain.
Article 53 : With the exception of installations
radio stations referred to in Article 26 of this
prescription, use of radio frequencies
in order to ensure either the issue or both the issue
and the reception of signals is subject to authorization
issued by the Regulatory Authority.
Article 54 : The Regulatory Authority ensures the management and
control of the radio frequency spectrum.
As such, she:
-conducts prospective analyzes of the spectrum of
frequencies for optimal use;
-prepares and submits for the approval of the Minister in charge
of Electronic Communications, the distribution of
frequency bands between service categories and
between the affected authorities;
-establishes and maintains the national distribution table
frequency bands;
-assigns to operators under the conditions set by
regulatory route, frequency resources
necessary for the exercise of their activity;
-establishes and maintains the national frequency file
which recapitulates the frequency assignments.
The Regulatory Authority carries out its activity of
spectrum management and control in consultation with

11

administrations and frequency allocation authorities
or radio frequency bands.
She is responsible for the coordination
international frequency at borders and
coordination of telecommunications systems by
satellite.
Article 55: Radio frequency bands
allocated for communication purposes
electronic devices are assigned by the Regulatory Authority
excluding radio frequency bands
used for broadcasting.
The allocated frequencies are transferable with
the express agreement of the regulatory authority.
The use of radio frequencies
gives rise to the payment of a fee, the amount of which
is set by decree taken in the Council of Ministers, on
proposal of the Minister in charge of Communications
Electronic after opinion of the Regulatory Authority.
Article 56: Subject to the assignment of
frequencies involved in the allocation of
license referred to in Article 12, the Regulatory Authority
issues authorizations for the use of frequencies
radio under objective conditions,
transparent and non-discriminatory.
Article 57: The Regulatory Authority may limit the
number of authorizations to be issued in order to guarantee
efficient conditions of competition.
The Minister in charge of Communications
Electronic sets the conditions for awarding
authorizations for the use of frequencies, on proposal
of the Regulatory Authority.
Article 58: Establishment of radio stations
of any nature other than those referred to in Article 26 above
above is subject to prior authorization
issued by the Regulatory Authority.
Chapter IV: Numbering, portability,
addressing and domain name
Article 59: The national resource plan
numbering and addressing is established and managed by
the Regulatory Authority, in accordance with procedures set by
regulatory route.
Article 60: The Regulatory Authority assigns to
operators of prefixes and numbers or blocks of
numbers for a fee intended to cover the
cost of managing the numbering plan, addressing and
control of its use.

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The conditions of use of these prefixes,
numbers or blocks of numbers are specified, depending on the
case, by the specifications or by the decision
award which is notified to it.
A decree taken by the Council of Ministers, on
proposal of the Minister in charge of Communications
Electronic, sets the terms and conditions for the allocation of
prefixes, numbers or number blocks as well as the
amount of the fee referred to in the first paragraph below
above.
Article 61: The establishment and modalities of
number portability are determined by decision of
the Regulatory Authority.
Article 62: The terms of management, allocation and
domain name registration in ".ga" are
fixed by order of the Minister in charge of
Electronic Communications on proposal of
the competent public operator.

FEBRUARY 28, 2018 - N ° 386 Ter

person who requests it subject to the
technical, financial and service conditions
geographic areas provided for in the specifications.
Article 66: The owner of a building or his
agent cannot oppose the installation of any
access equipment requested by its tenant or
occupying in good faith.
Article 67: The Universal Service is provided in
pricing and technical conditions taking into account the
particular difficulties encountered in accessing
electronic communications services by certain
categories of people, in particular by reason of their
income level and outlawing any discrimination
based on the user's geographic location.
Article 68: The Universal Service can be provided by a
or several operators who have the capacity
technical and financial ensure its supply on the
National territory.
The Regulatory Authority ensures coordination
Universal Service obligations between different
operators according to their specifications.

Chapter V: Public communications service
electronic
Article 63: The public communications service
electronics includes:
-the Universal Service;
-missions of general interest.
Public service obligations are met
while respecting the principles of equality, continuity and
adaptability.

Article 69: The Minister in charge of Communications
Electroniques ensures the implementation of the policy
matter of Universal Service.
In order to guarantee the provision of the Service
Universal throughout the national territory, it can
designate one or more operator (s) responsible for
provide all or part of the Universal Service.
This designation comes after a call for
competition.

Section 1: Universal Service
Article 64: The Universal Service ensures all
the population under affordable tariff conditions and
regardless of the geographical location a
minimum set of services, including:
- fixed or mobile telephony;
- internet access;
-data transmission.
It is provided for the Universal Service, in particular

In the event that the call for competition has remained
unsuccessful, the Minister may designate after notice of
the Regulatory Authority, an operator capable of ensuring the
Universal Service on the national territory,
in accordance with the provisions of the texts in force.
The designation of the operator gives rise, where
applicable, upon granting of a license or
authorization.

through :
Section 2: Missions of general interest
- the provision of telephone booths
public;
- the creation of tele-center or community cyber;
-access to emergency services;
-access to directory and directory services
of subscribers.
Article 65
: The subscription to the
electronic communications to an operator
in charge of Universal Service is by right for any

Article 70: Missions of general interest are
compulsory services provided in particular in
areas of national defense, security
public, research and education.
The terms of supply of missions
of general interest are set out in the specifications
each operator.

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Section 3: Funding of the Universal Service for
electronic communications
Article 71: A Universal Service Fund for
electronic communication intended to finance the
development of Universal Service.
This Fund is financed in particular by:
- borrowings allocated to the Fund;
-the income from the investments of the shares;
-subsidies from the State and local communities;
- donations and bequests;
-contributions from operators;
-support from financial backers, public or private.
The accounting and financial management of the
Universal Electronic Communication Service is
provided by the Regulatory Authority in an account
separate.
Article 72: The regulatory authority calculates the amount
of the contribution to the Fund owed by operators
in accordance with the provisions laid down by way of
regulatory.
Operator contributions are recovered
by the Regulatory Authority, in accordance with the rules relating to
recovery of public debts.
The net amount paid or received by each
operator is verified by the Regulatory Authority which is
required to inform the Minister responsible for
Electronic Communications.
Article 73: The Fund finances the net costs of
Universal Service obligations. However, when the
net costs of an operator subject to
Universal Service does not represent a charge
excessive for this operator, no payment is
of.
The amount of sums due by the Fund to
designated operators to ensure the obligations of
Universal Service is determined by the Authority
regulation.
The net costs attributable to the obligations of the
public service are valued on the basis of accounting
analytics held by operators. This accounting
must be audited, at the operator's expense, by a
independent body appointed on a list drawn up by
the Regulatory Authority.
The assessment of these net costs takes into account
the market advantage that operators responsible for
Universal Service withdraw, where applicable, from these
obligations.

13

Article 74: A decree taken by the Council of Ministers, on
proposal of the Minister in charge of Communications
Electronic, after consultation with the Regulatory Authority, fixed
the terms of management of the Fund.
Chapter VI: From the directory
Article 75: A universal directory, electronic or under
printed form and an inquiry service are
made available to the public.
Article 76: Subject to the protection of the rights of
people concerned, the universal directory and the
information provide access to the names
or company names, to telephone numbers and
to the addresses of all customers to networks open to
public as well as the mention of their profession for those
customers who want it.
Article 77: Information concerning customers
having expressed their wish not to appear in
directory and subscribe to the so-called red list service, do not
can be published or communicated.
However, a specialized service within the
information allows you to create confidential
conditions of a connection between a client listed on the
red list and the originator of the inquiry.
Article 78: Each operator is required to communicate
to any operator responsible for the universal directory and
information service, its subscriber lists or
declared users.
Article 79: The publication of lists of subscribers or
users declared by network clients or
electronic communications service is free, under
reservation of the protection of the rights of individuals
concerned and the authorization granted by their
owner.
However, if it is a network open to the public,
this publication must be declared
prior to the Regulatory Authority.
Any operator in charge of the universal directory
establishes and maintains the lists of clients necessary for its
editing and providing information services.
These lists are made available to
operators or service providers concerned.
Chapter VII: Terminal equipment
Article 80: Terminal equipment can be
acquired freely.
However, any terminal equipment or
radio installation must be subject to

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OFFICIAL JOURNAL OF THE GABONESE REPUBLIC

approval by the Regulatory Authority or a
laboratory approved by the latter.
Article 81: A regulatory act taken on proposal
of the Regulatory Authority sets the procedure
approval of terminal equipment and
accreditation of national and international laboratories
as well as the conditions for recognizing standards and
technical specifications.
Title IV: Right of way and easements
Chapter I st : From the occupation of public property and
easements
Article 82: Network operators open to the public
benefit from a right of way, on the public domain
road and non-road, with the exception of networks and
infrastructure
of
communication
electronic
pre-existing.
They also benefit from easements on
private property.
Article 83: The easement is instituted with a view to
allow the installation and operation of equipment
networks in particular:
-on buildings or inside buildings
collective buildings and subdivisions assigned to
common, including those that can accommodate
radio installations or equipment;
-on the ground or in the basement of unbuilt properties, including
including those that can accommodate facilities or
radio equipment;
above private property insofar as
the operator is limited to using the installation of a third party
benefiting from easements without compromising, where
if applicable, the specific public service mission entrusted to this
third.
Article 84: The concessionary authorities or
managers of the non-road public domain can
allow operators of networks open to the public to
occupy this area.
Occupation of the public domain by road or not
road vehicle charges may give rise to the payment of charges to
conditions provided for by this ordinance.

FEBRUARY 28, 2018 - N ° 386 Ter

Articles 85: The concessionary authorities or
managers of the non-road public domain, when they
provide access to network operators
electronic communications, must do so at
by means of agreements, under transparent conditions
and non-discriminatory and insofar as this
occupation is not incompatible with his assignment
or with available capacities.
The agreement giving access to the public domain
non-road vehicle may not contain provisions relating to
commercial conditions of operation. She can
give rise to the payment of royalties in accordance with the
principle of equality between operators.
The agreements referred to in this article establish
the rights and obligations of the different parties.
Article 86: Operators of networks open to the public
may occupy the public road domain, with a view to
the siting of the structures provided that this
occupation is not incompatible with his assignment.
The work necessary for the establishment and
network maintenance is carried out in accordance with
texts in force.
Article 87: The road permission may not contain
provisions relating to the commercial conditions of
exploitation. It gives rise to payment of royalties
due to the public authority concerned for
the occupation of its public domain while respecting the
principle of equality between all operators.
The terms and conditions of occupation are
fixed in the road permissions.
Article 88: Authorization to occupy public networks
referred to in Article 84 of this Ordinance and
belonging to the public road or non-road domain is
refused when the occupation is incompatible with
the allocation of said networks or with the capacities
available.
Article 89: Occupation is incompatible with
the allocation of the public network when it prevents it from being
operation, does not allow its repair or is
irreversible.

The price charged for the occupation or sale of
all or part of the sleeves must be proportionate to the
construction and maintenance costs thereof.

The right of way in public networks
referred to in Article 84 of this Ordinance and falling
of the road or non-road public domain is exercised in the
within the framework of an agreement and under the conditions referred to in
article 83 of this ordinance.

The installation of infrastructure and
equipment must be carried out in accordance with
the environment and the aesthetic quality of the premises,
under the least damaging conditions for
private property and the public domain.

Article 90: The implementation of the easement is
subject to an authorization issued by the Authority
regulation.

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Article 91: When it is found that the servitude of
the operator on private property can be insured,
under conditions equivalent to those resulting from
benefit from this easement through the use of
the existing installation of another beneficiary of
easement on the property concerned, that this use
does not compromise, where applicable, the specific mission of
public service of the beneficiary of the easement, the authority
competent authority may invite the two parties to agree on
technical and financial conditions of use
shared facilities.
In this case, unless there is disagreement, the owner of the

15

the expropriation takes place in accordance with the provisions of
texts in force.
Title V: Rights of network users and
electronic communications services
Chapter I st : Rights to information
users and clients
Article 97: Users and clients have the right to
regular information provided by the operators of
electronic communications services.

installations accommodating the authorized operator assumes, in
the limit of the contract concluded between the parties, the maintenance
infrastructure and equipment that borrow
its facilities and which are under its responsibility,
upon payment of a contribution negotiated with
the operator.

To this end, operators publish the
up-to-date information relating to all
services offered and at the prices charged, as well as
Terms of Sales.
Article 98: Any subscription to services of
electronic communications gives rise to a contract.

Article 92: The installation of works cannot be
obstacle to the right of owners or co-owners of
demolish, repair, modify or close their property.
Article 93: The beneficiary of the easement is
responsible for all damages that find their
origin in network equipment. It is held
to compensate all direct damages and certain
caused both by installation and maintenance work
only by the existence or the functioning of the works.

Chapter II: Respect for private life
Article 99: Operators and their employees are required
strict respect for the secrecy of correspondence by way
of electronic communications, the conditions of
protection of privacy and personal data
users, subject to defense requirements
national and public security as well as
prerogatives of the judicial authority.

In the absence of an amicable agreement, the compensation is fixedArticle 100: In particular are prohibited on any
by the competent court.
the extent of the national territory:
Chapter II: Easements for the protection of centers
radio transmitters and receivers against
obstacles
Article 94: Certain easements are established
administrative in order to ensure a good emission and
reception of radio waves, against any obstacle
or disruption, by centers of any kind operated
or controlled for general interest purposes.
Article 95: These easements give rise to the right to compensation if
The result is a modification to the previous condition of the premises
determining damage.
In the absence of an amicable agreement, the repair is fixed.
by the competent court.
The request for reparation must barely
foreclosure, reach the enforcer
work within one year from the date of
notification to interested parties.
Article 96: When these easements entail the
removal or modification of buildings,

-interception, listening, recording, transcription
and the disclosure of correspondence issued by
electronic communications, unless authorized
prior to the Public Prosecutor or the judge
investigation, as part of a judicial inquiry or
by an authorized person within the framework of an investigation
administrative purpose, the protection of
national defense and public security;
-the emission of alarm, emergency or
distress, false or misleading;
-the emission of signals and communications of a nature to
undermine the security of the State, contrary to order
public, to good morals, which constitute an outrage
the beliefs of others or an offense against a
Foreign state.
Chapter III: The quality and permanence of
electronic communications services
Article 101: Operators must provide
permanence to users of quality services. To this
title, they publish the full information and
updated on the quality and permanence of their
services.

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FEBRUARY 28, 2018 - N ° 386 Ter

Article 102: Operators must take measures
appropriate technical and organizational to ensure
permanent and continuous security, integrity
and the operation of their networks or services, in order to
remedy the effects of their failure on time
shorter.

-the suspension of the license, authorization or
declaration for a period not exceeding one month;
-reducing the duration of the license, authorization
or declaration for one year or more;
-the withdrawal of the license, authorization or
declaration.

Article 103: Service providers
electronic communications take all
appropriate measures to ensure uninterrupted access
emergency services.

Article 110: The penalty provided for in article 109 above
also applies to any legal person or
physical exercising without authorization, without being
subject to a formal notice and without prejudice to
penal sanctions provided for by this ordinance.

Title VI: Settlement of disputes and
sanctions
Chapter I st : From Settlement of Disputes
Article 104: The Regulatory Authority may be referred to by
any natural or legal person or by the Minister
in charge of Electronic Communications with a view to
request for conciliation or dispute resolution
for all matters relating to the
electronic communications.
Article 105: In case of failure, the dispute is brought by the
most diligent party before the courts
competent.

Article 111: In the event of serious and immediate harm to
rules governing the communications sector
electronic, the Regulatory Authority may, after having
heard the parties involved, order measures
conservatories with a view in particular to ensuring the
the functioning of the networks. These measures should
remain strictly limited to what is necessary to
deal with the emergency.
Article 112: Decisions of the Regulatory Authority
taken in application of this chapter are
subject to appeal before the courts
competent.
Chapter III: Repressive provisions

Article 106: Methods of settling disputes
by the Regulatory Authority are set by the texts
individuals.
Chapter II: Sanctions
Article 107: The regulatory authority can sanction
breaches of the provisions of this
order, either ex officio or on referral to the Minister
in charge of Electronic Communications or on
referral from a natural or legal person.
Breaches are sought and noted
by officials and agents of the Authority
authorized and sworn regulation.
The sanction decision is motivated and notified to
the operator concerned. It can be made public.
Article 108: The regulatory authority is required
send a formal notice to the holder of a
license, authorization or declaration that does not
does not meet its obligations.
Article 109 : If the formal notice is not followed
effect, the holder of the license, authorization or
declaration incurs one of the following penalties:
-a penalty the amount of which is proportional to the
seriousness of the breach and the resulting benefits
withdrawn;

Article 113: Any operator who, except in authorized cases
by law, violates the secrecy of correspondence or which
without the authorization of the sender or recipient,
discloses, publishes or uses the content of said
correspondence is punishable by the penalties provided for in the Code
Criminal for the offense of breaches of confidentiality
correspondences.
Article 114: Anyone who establishes a network of
communications open to the public or provide the public with a
unlicensed electronic communications service,
authorization or declaration required is punishable by
imprisonment from one month to one year and a fine of
five million to two hundred million CFA francs or
one of these two penalties only.
Article 115: Anyone who fraudulently uses
personal or not, a communications network
electronic open to the public or connected by any
means on a private line, will be punished with
imprisonment from one to five years and a fine of five
million to two hundred million CFA francs, or one
of these two penalties only.
Article 116: Anyone who knowingly uses the services
obtained by means of the offense referred to in article 113 above,
is punished by imprisonment of six months to two years and
a fine of five to fifty million francs
DWI or one of these two penalties only.

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Article 117: Anyone who knowingly transmits or places
traffic on the radio channel, signals or
false or deceptive distress calls, is punished with a
imprisonment from one month to one year and a fine of
five hundred thousand to ten million CFA francs or one
of these two penalties only.
Article 118: Anyone making transmissions
radio stations by knowingly using a call sign
call from the international series assigned to a
State or Administration or to a private station, is
punished by imprisonment from three months to one year and one
a fine of one million to five million CFA francs or
only one of these two penalties.
Article 119: Anyone who, by any means, causes
intentionally interrupting communications
electronic devices, is punished by imprisonment for three
months to two years and a fine of five million to
fifty million CFA francs or one of these
two sentences only.
Article 120: Anyone who fraudulently removes a
or several drivers on the occasion of his participation
direct or indirect to a communications service
electronic, is punishable by imprisonment for one year at
five years and a fine of five million to twenty-five
million CFA francs or one of these two penalties
only.

17

million CFA francs or one of these two penalties
only.
Article 125: The penalties pronounced in application of
provisions of this chapter may be accompanied by
additional penalties, in particular, confiscation or
destruction of installations, devices or means
transmission used.
This destruction is the responsibility of the
offender.
Article 126: The offenses provided for by the provisions
of this chapter are researched and observed by
ordinary judicial police officers, the
authorized personnel of the Ministry in charge of
Electronic Communications and the Authority
regulation.
Article 127: The penalties pronounced in application of
this chapter are doubled when
the offense has the effect of undermining the defense
national or public security.
They are also doubled in the event of
recidivism.
Title VII: Various, transitory and
finals

Article 121: Breaches of the provisions relating to
the easements referred to in Title IV of this
ordinance are punished with a fine of one million to
twenty million CFA francs.

Article 128: Import, export and
marketing of equipment, materials and
electronic communications services are subject
to the regulations in force in matters of trade.

Article 122: Whoever on earth, in the waters
territorial and on the continental shelf contiguous to the
national territory, voluntarily breaks a fiber cable
optic or causes him or tries to cause him
deterioration such as to interrupt all or part of the
communications
electronic,
is
punished of a
imprisonment from two to five years, and a fine
from five hundred million to eight hundred million francs
DWI or one of these two penalties only.

Article 129: Concessions, licenses, authorizations,
declarations and their specifications in the process of
validity, must be brought into conformity with the
provisions of this Ordinance, no later than
a period of twenty-four (24) months after entering into
force.

Article 123: Whoever, after having committed by
clumsiness, recklessness or neglect of the facts referred to in
Article 119 above, omits to make the declaration in
forty-eight hours to the authorities
nearest competent authorities, is punished with
imprisonment from one month to one year and a fine of
five million to ten million CFA francs or one
of these two penalties only.

Article 130: Regulatory texts determine, in
as necessary, provisions of any kind
necessary for the application of this ordinance.

Article 124: Whoever uses a frequency, a
radio equipment or installation without
authorization required or outside the conditions of
said authorization is punishable by imprisonment of a
months to a year and a fine of five million to ten

After this period, offenders will be liable
sanctions provided for by this ordinance.

Article 131: This ordinance, which repeals all
previous provisions to the contrary, in particular those of
Law No. 005/2001 of June 27, 2001 regulating
of the telecommunications sector in the Republic
Gabonese, of the ordinance n ° 006 / PR / 2014 of August 20
2014 amending certain provisions of the law
n ° 005/2001 of June 27, 2001 and ordinance n ° 45/71
of 23 August 1971 establishing the Post and
Telecommunications of the Gabonese Republic will be
registered, published and enforced as state law.

Page 15
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OFFICIAL JOURNAL OF THE GABONESE REPUBLIC
Done in Libreville, February 23, 2018

By the President of the Republic,
Head of state
Ali BONGO ONDIMBA
The Prime Minister, Head of Government
Emmanuel ISSOZE NGONDET
The Minister of State, Minister of Communication,
Digital Economy, Culture, Arts and
Traditions, in charge of Popular Education and
Civic Instruction, Spokesperson for the Government
Alain-Claude BILIE-BY-NZE
The Minister of Justice, Keeper of the Seals, in charge of
Human rights
Edgard Anicet MBOUMBOU MIYAKOU
The Minister of State, Minister of Budget and Accounts
Public
Jean-Fidèle OTANDAULT
The Minister of the Economy, Foresight and
Sustainable Development Programming
Régis IMMONGAULT TATANGANI
The Minister of the Interior and Security, in charge of
Decentralization and Local Development
Lambert-Noël MATHA
The Minister for the Promotion of Private Investments,
of National Entrepreneurship, Small and Medium-Sized
Business, Commerce and Industry
Madeleine BERRE
____________
Ordinance n ° 00000014 / PR / 2018 of 23 February 2018
regulating electronic transactions in
The Republic of Gabon
THE PRESIDENT OF THE REPUBLIC,
HEAD OF STATE ;
Considering the Constitution;
Considering the law n ° 023 / PR / 2017 of December 29, 2017
authorizing the President of the Republic to legislate by
ordinances during parliamentary intersession;
Having regard to Regulation n ° 17/99 / CEMAC-20-CM-03
of 17 December 1999 relating to the Charter of
Investments;
Having regard to Regulation n ° 02/00 / CEMAC / UMAC / CM
of 29 April 2000 on the harmonization of
exchange regulations in the states of
CEMAC;
Having regard to the revised OHADA Uniform Act of 15
December 2010 on general commercial law;

FEBRUARY 28, 2018 - N ° 386 Ter

Having regard to the revised OHADA Uniform Act of January 30, 2014
relating to the law of commercial companies and
economic interest group;
Considering the law n ° 15/98 of July 23, 1998 establishing the
Investment Charter in the Gabonese Republic;
Considering the law n ° 005/2001 of June 27, 2001 relating
regulation of the telecommunications sector
The Republic of Gabon ;
Considering the law n ° 019/2016 of August 9, 2016 on
Communication Code in the Gabonese Republic;
Considering the ordinance n ° 10/89 / PR of September 28
1989 regulating the activities of
trader, industrialist or craftsman in the Republic
Gabonese;
Considering the ordinance n ° 00000008 / PR / 2012 of 13
February 2012 establishing and organizing the Agency
of Regulation of Electronic Communications and
Post, ratified by law n ° 006/2012 of August 13, 2012,
together the subsequent amending texts;
Considering the decree n ° 0212 / PR of January 27, 2011
establishing and organizing the National Agency
Digital Infrastructures and Frequencies;
Considering the decree n ° 0332 / PR / MEEDD of February 28
2013 on the attributions and organization of the Ministry of
Economy, Employment and Sustainable Development;
Considering the decree n ° 0406 / PR / MENCP of March 12
2013 on the attributions and organization of the Ministry of
the Digital Economy, Communication and
Post;
Considering decree n ° 0473 / PR of September 28, 2016
appointing the Prime Minister, Head of
Government;
Considering the decree n ° 0252 / PR of August 21, 2017 on
reshuffle of the Government of the Republic,
together the subsequent amending texts;
The Council of State consulted;
The Council of Ministers heard;
ORDERS:
Article 1 st
: This ordinance, taken into
application of the provisions of article 47 of the
Constitution, regulates transactions
electronics in the Gabonese Republic.
Title I: General provisions
Chapter I st : Scope of application
Article 2: This ordinance applies to any
electronic transaction, including:
-information society services;
-activities not of an economic nature,
carried out remotely and electronically, bringing
on goods, services, rights or obligations;
-activities accomplished at a distance and by
electronic data relating to goods, services, rights or

