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REPUBLIC OF CAMEROON PEACE - WORK - FATHERLAND
vecrer n ° 2012/203 4 20 48 00
on the organization and functioning of the Agency
of Telecommunications Regulation.
THE PRESIDENT OF THE REPUBLIC,
Considering the Constitution;
Considering the law n ° 99/16 of December 22, 1999 on the general statute of the establishments
public and public and parapublic sector companies;
Considering the law n ° 2001/010 of July 23, 2001 instituting the minimum service in the sector
telecommunications;
Considering the law n ° 2007/006 of December 26, 2007 on the financial regime of the State;
Considering the law n ° 2010/012 of December 21, 2010 relating to cybersecurity and
cybercrime in Cameroon;
Considering the law n ° 2010/013 of December 21, 2010 governing communications
electronics in Cameroon;
Considering the law n ° 2010/021 of December 21, 2010 governing electronic commerce in
Cameroon;
Considering the framework law n ° 2011/012 of 06 May 2011 on consumer protection in
Cameroon;
Considering the decree n ° 2005/124 of April 15, 2005 on the organization of the Ministry of
Posts and Telecommunications;
Having regard to decree n ° 2011/408 of 09 December 2011 on the organization of
Government,
DECREES:
CHAPTER 1
GENERAL PROVISIONS
ARTICLE 1 ° '.- This decree relates to the organization and functioning of the
Telecommunications Regulation, abbreviated as "ART", hereinafter referred to as
"The Agency".
ARTICLE 2.- (1) The Agency is a public administrative establishment endowed with
legal personality and financial autonomy.

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(2) Its headquarters are located in Yaoundé.
(3) Antennas can, if necessary, be created in other
cities of the country on deliberation of the Board of Directors
ARTICLE 3.- The Agency is placed under the technical supervision of the Ministry in charge of
telecommunications and under the financial supervision of the Ministry in charge of finance.

CHAPTER II
MISSIONS AND POWERS
SECTION
MISSIONS
ARTICLE 4.- (1) The Agency ensures on behalf of the State, the regulation, control and
monitoring the activities of operators, network operators and suppliers
electronic communications services. It also ensures that the
principle of equal treatment of users in all companies of
electronic communications.
As such, it has the following missions:
to ensure the application of legislative and regulatory texts relating to
Telecommunications and Information and Communication Technologies
Communication;
ensure that access to networks open to the public takes place in
objective, transparent and non-discriminatory conditions;
to guarantee healthy and fair competition in the
Telecommunications and Information and Communication Technologies
Communication;
to sanction operators' breaches of their obligations as well as
anti-competitive practices;
to define the principles to govern the pricing of the services provided;
to examine license applications and prepare related decisions;
formally issue declaration receipts;
define the conditions and obligations for interconnection and sharing of
infrastructure;
to issue a formal opinion on all draft legislative texts and
electronic communications regulations;
to ensure the assignment and control of the frequency spectrum;

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prepare bidding documents for concessions and licenses;
establish and manage the numbering plan;
to submit to the Government any proposal and recommendation aimed at
to develop and modernize the Telecommunications and
Information and Communication Technologies;
to assign addressing resources in accordance with article 49 of law no.
2010/013 above;
to examine the approval files for terminal equipment and
prepare related decisions;
to issue approvals;
to perform any other mission of general interest that may be entrusted to it by the
Government in the Telecommunications and Technologies sector
Information and Communication;
to guarantee consumer protection.
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(2) The Agency ensures the implementation of the universal service and the development
electronic communications throughout the national territory;
(3) The Agency supports any initiative aimed at training and strengthening
capacities of staff responsible for regulating the
telecommunications.
(4) The Agency ensures the recovery of the resources of the Special Fund for
Telecommunications, in accordance with the provisions of article 34 paragraph 4 of the law
relating to electronic communications in Cameroon.
(5) The Agency collaborates with the National Agency for Technologies of
Information and Communication, as part of the regulation of activities related to
the security of electronic communications networks and information systems,
in accordance with the provisions of article 7 of the law on cybersecurity and
cybercrime in Cameroon.
(6) Prior to referral to any jurisdiction, the Agency hears disputes
between operators of electronic communications networks relating in particular to
interconnection or access to an electronic communications network, to
unbundling of the local loop, at numbering, at frequency interference, at
physical co-location and shared infrastructure.
SECTION II

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POWERS
ARTICLE 5: For the accomplishment of its missions, the Agency has the powers
regulation, control, investigation, injunction, coercion and sanction. AT
In this capacity, it is empowered in particular to:
a) appoint its sworn officers who may, as a result:
- access premises, land or means of transport for professional use;
- request communication of any professional document and take some
copy;
-_ collect, on convocation or on site, information and justifications;
b) set the procedures for its referral in the event of disputes between operators and
their regulations;
c) note or cause to be noted the infringements which can only be revealed
by a systematic and plural control of the actors in the sector by
judicial police officers as well as sworn and committed agents
to this end ;
d) collect the necessary information and documents from the
network operators / operators and service providers, in the
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framework of their agreement and their specifications, to ensure the
compliance by them with the obligations imposed by the texts
laws and regulations in force;
e) order the withdrawal of the operating permit against any holder
an authorization that does not comply with the formal notice given to him
addressed, in accordance with the forms and procedures governing its
deliverance;
f) take the necessary precautionary measures to ensure the
continuity of service and protect the interests of users.
CHAPTER II!
ORGANIZATION AND OPERATION
ARTICLE 6.- The management bodies of the Agency are:
- board of directors ;
- the general direction.

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SECTION I
FROM THE ADMINISTRATION BOARD
PARAGRAPH 1
COMPOSITION AND POWERS
ARTICLE 7.- The Board of Directors, composed of twelve (12) members, is
chaired by a personality appointed by decree of the President of the Republic. He
includes, in addition to the Chairman of the Board, the following members:
- one (01) representative of the Presidency of the Republic;
- one (01) representative of the Prime Minister's Services;
- one (01) representative of the Ministry in charge of telecommunications;
- one (01) representative of the Ministry in charge of defense;
- one (01) representative of the Ministry in charge of finance;
- one (01) representative of the Ministry in charge of justice;
- one (01) representative of the General Delegation for National Security;
- one (01) representative of the Ministry in charge of communication;
- one (01) representative of the National Technology Agency
Information and Communication;
- one (01) representative of Agency staff;
- one (01) representative of the users or beneficiaries of the
electronic communications.

ARTICLE 8.- The members of the Board of Directors are appointed by decree of
President of the Republic, on the proposal of administrations and organizations
socio-professional to which they belong.
ARTICLE 9.- (1) The members of the Board of Directors are appointed for a
three (03) year term renewable one (01) time.
(2) The mandate of Director ends at the normal expiration of his
duration, in the event of death or resignation. It also ends as a result of the loss
the quality which had motivated the appointment, or the dismissal for serious misconduct or
actions incompatible with the function of member of the Board of Directors.
(3) In the event of death during the term of office or in all cases
where a member of the Board of Directors is no longer able to exercise his mandate,

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it is replaced, according to the same methods and forms as those
who presided over his appointment, for the remainder of the term of office.
ARTICLE 10.- (1) The President and the members of the Board of Directors are
subject to restrictive measures and incompatibilities provided for by the legislation in
force.
(2) The functions of Chairman of the Board of Directors are
incompatible with those of the supervisory authority for telecommunications, finance
or their representatives.
(3) The functions of Chairman and member of the Board of Directors
are incompatible with any direct or indirect holding of interests in a
company in the telecommunications and information technology sector and
of Communication, or of any salaried position in a company where benefit
remuneration, in any form whatsoever, from such a company.
ARTICLE 11.- (1) The Board of Directors has the broadest powers
to administer, define, orient general policy and evaluate the management of the Agency
within the limits set by its corporate purpose.
(2) As such, it:
a) adopt the organization chart, the internal regulations, the remuneration scale
and staff benefits, on the proposal of the Chief Executive Officer;
b) set the overall objectives and approve the programs of activities of its
area of ​expertise in the sector;
c) adopt the budget and finalize the accounts and statements
annual financial statements, as well as activity reports;
d) approves, on the proposal of the Chief Executive Officer, the recruitments and
dismissals of managerial staff;

e) appoints, on the proposal of the Chief Executive Officer, to positions of responsibility
from the rank of Deputy Director and assimilated;
f) adopt all measures likely to improve the services offered by
the Agency, in particular the simplification of administrative procedures;
g) accepts all donations, bequests and subsidies;
h) approve performance contracts or any other agreements, including

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including loans, prepared by the Chief Executive Officer and having a
financial impact on the budget;
i) authorize the participation of the Agency in associations,
groups or other professional bodies whose activity is
necessarily linked to its missions;
j) approve the annual activity report, to be sent to the Minister in charge
telecommunications, at the behest of the Chief Executive Officer;
k) ensure the annual publication of a status and development report
regulatory activities in the telecommunications and ICT sector
in Cameroon.
(3) The Board of Directors may delegate some of its powers to the
Managing Director, with the exception of those listed above, who reports on
the use of this delegation.
PARAGRAPH 1
OPERATION OF THE BOARD OF DIRECTORS
ARTICLE 12.- (1) The Board of Directors meets at least two (2) times a year
in ordinary session convened by its president, including one (01) time for the vote
of the budget and one (01) time to approve the annual financial statements and examine the
business walk.
(2) It examines any question placed on the agenda either by the President,
or at the request of two thirds (2/3) of its members.
(3) The Board of Directors meets in extraordinary session at the
request either from a third (1/3) of the members, or from the supervisory authorities.
(4) In case of refusal or silence of the president, the members concerned
Council address a new request to the supervisory authorities, who proceed to the
convocation of the Board of Directors according to the same rules of form and deadline.
ARTICLE 13.- The Chairman of the Board of Directors is in default when he does not
not convene at least two (2) sessions of the council per year. In this case, the third (1/3)
at least of its members or the supervisory authorities can take the initiative to
convene the Board of Directors by proposing a specific agenda.
ARTICLE 14.- (1) The Chairman of the Board of Directors convenes and chairs the
sessions of the Board of Directors. It ensures the application of its resolutions.
(2) The Chairman of the Board of Directors may invite any person,
because of its expertise on a question on the agenda of the session,
to take part in the work of the Board in an advisory capacity.
(3) The secretariat of the Board of Directors is provided by the Director

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General of the Agency.
ARTICLE 15.- (1) The function of member of the Board of Directors is free.
However, the Directors, as well as the personalities invited in an advisory capacity,
benefit from a session allowance and can claim reimbursement of
expenses incurred by the sessions, on presentation of supporting documents.
(2) The Chairman of the Board of Directors receives an allowance
monthly.
(3) The sessional allowance and the monthly allowance referred to in paragraphs 1 and
2 above. are set by the Board of Directors. within the limits
provided for by the regulations in force.
ARTICLE 16.- (1) The invitations and documents relating to the session are sent
by e-mail, by fax or by any other means leaving written traces
and sent to members, at least fifteen (15) days before the date scheduled for the
meeting.
(2) The convocations indicate the date, place, time and agenda.
ARTICLE 17.- (1) Any member of the Board of Directors who is unable to attend may
represent at a session by another member. However, no member of the Council
may not, during the same session, represent more than one member.
(2) Any member present or represented at a meeting of the Council
of Administration, is considered to have been duly convened.
(3) If the Chairman is unable to attend, the Board elects from among its members a
Chairman of the meeting by a simple majority of the members present or represented.
ARTICLE _18.- (1) The Board of Directors may not deliberate on any question
on its agenda, only if at least two-thirds (2/3) of its members are
present or represented. If the quorum is not reached during the first
convocation, it is, for the following convocation, reduced to half of the members
present.
(2) Each member has one vote.
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(3) Resolutions of the Board of Directors are taken by majority
simple vote of the members present or represented. In the event of a tie, the
of the President is decisive.
(4) The deliberations of the Board of Directors are subject to a

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verbal recorded in a special register, kept at the head office of the Agency co-signed by the
President and Secretary of the meeting. The minutes mention the names of
members present or represented, as well as those of the persons invited as
advisory. It is read and approved by the Board of Directors during the session
next.
SECTION II
OF THE GENERAL MANAGEMENT

ARTICLE 19.- (1) The General Management of the Agency is placed under the authority of a
Managing Director possibly assisted by a Deputy Managing Director.
(2) The Managing Director and the Deputy Managing Director are appointed by
decree of the President of the Republic for a renewable three (3) year term
two (02) times.
(3) The Managing Director and the Deputy Managing Director are subject to the
restrictive measures and incompatibilities provided for by the legislation in force.
ARTICLE 20.- (1) The Director General is responsible for the management and application of the
general policy of the Agency, under the control of the Board of Directors to which it reports
regularly account for its management. As such, it:
a) submits the organizational chart projects to the Board of Directors for adoption
and internal regulations, as well as the remuneration and
staff benefits;
b) prepare the budget, the annual activity report as well as the accounts and
financial statements that he submits to the Board of Directors for approval
and stop;
c) prepare the deliberations of the Board of Directors, assist with voice
consultative at its meetings and executes its decisions:
d) ensure the administrative, technical and financial management of the Agency:
e) recruit non-managerial staff;
f) appoints up to the rank of Deputy Director;
g) notes, dismisses the personnel and fixes their remuneration and benefits, in
compliance with the laws and regulations in force and with the internal regulations,
budget forecasts and subject to Board deliberations
Administration;
h) proposes to the Board of Directors to appoint and remove from their
functions, the Agency's representatives at General Meetings and at

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Boards of Directors of other companies;

i) manage the movable and immovable, tangible and intangible property of the Agency,
in compliance with its corporate purpose and legislative provisions and
regulations in force;
j) take, in urgent cases, any precautionary measure necessary for the
smooth running of the Agency, it being up to him to report to the
Board of Directors;
k) purchases, places and signs contracts, contracts and agreements,
ensures its execution and control in strict compliance with the budget, and
in accordance with the laws and regulations in force;
1) signs approvals, declarations and technical visas;
m) supervises the control, sanction and arbitration missions of
the agency;
n) represents the Agency in all civil and legal acts. he can
to this end, institute all legal actions having for object the defense
the interests of the Agency.
(2) The Chief Executive Officer may delegate part of his powers to his
main collaborators.
ARTICLE _21.- (1) The Director General is responsible to the Council
Administration, which can impose sanctions against it in the event of misconduct
serious management or behavior likely to interfere with the proper functioning or
the image of the Agency in accordance with the procedures set by the regulations in force.
(2) The Board of Directors may pronounce against it the
following sanctions:
-__ suspension of some of its powers;
- suspension of all functions for a limited period:
-__ Suspension of all functions, accompanied by a request for dismissal
addressed to the President of the Republic, through the Minister in charge
telecommunications.
(3) In the event of suspension of the Chief Executive Officer from his duties, the
Board of Directors takes the necessary steps to ensure the good
agency walk.
(4) The decisions referred to in paragraph 2 above are taken by a majority of
two thirds (2/3) of the members of the Board of Directors.
(5) They are transmitted, for information, to the Minister in charge of
Telecommunications and to the Minister in charge of finance, by the President of the Council

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of Administration.
ARTICLE 22.- (1) In the event of temporary incapacity of the Director General for a
period not exceeding two (02) months, the Deputy General Manager settles the business
and ensures the smooth running of the service in conjunction with the Chairman of the
Board of Directors.

(2) In the event that the post of Chief Executive Officer is vacant due to
death, resignation or definitive incapacity duly noted and pending the
appointment of a new Chief Executive Officer by the competent authority, the Board
Administration takes all the necessary steps to ensure the proper
agency walk.
ARTICLE 23.- The remuneration and benefits of the Chief Executive Officer and the Director
Deputy General are set by the Board of Directors by a two-thirds majority
(2/3) of its members, in compliance with the ceilings provided for by the regulations in
force.
CHAPTER IV
FINANCIAL PROVISIONS
SECTION I
RESOURCE
ARTICLE 24.- (1) The financial resources of the Agency are public funds.
They are managed according to the rules of public accounting.
(2) The resources of the Agency are made up of:
a) income from the provision of services;
b) the share of entry fees and / or renewal fees
authorizations;
c) the share of the frequency usage fee
radioelectric;
d) the charge for the use of addresses, prefixes and numbers
or blocks of numbers;
e) the fee of 1.5% of operators' turnover excluding tax
networks and service providers;
f) the penalties _ instituted by the law governing
electronic communications;
g) parafiscal taxes the collection of which is authorized by law

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legislative and regulatory;
h) donations and bequests;
i) any other resource which may be assigned to it.
(3) The Agency's resources are recovered in accordance with the
legislation relating to the recovery of State debts.
SECTION II
BUDGET AND ACCOUNTS
ARTICLE __25.- (1) The Director General is the principal authorizing officer of the
the agency.

(2 Secondary authorizing officers may be appointed by the Council
Administration, on the proposal of the Chief Executive Officer.
ARTICLE _26.- The draft annual budget and investment plans of the Agency
are prepared by the Chief Executive Officer and adopted by the Board of Directors. They
are transmitted for approval, within fifteen (15) days, before the start of
the following fiscal year, to the Minister in charge of telecommunications and to the
Minister in charge of finance.
ARTICLE 27.- (1) The Agency's budget is balanced in terms of income and expenditure.
(2) All Agency revenues and expenses are recorded
in the budget adopted by the Board of Directors.
(3) The Director General of the Agency opens accounts in the Treasury.
(4) The financial year of the Agency begins on January 1 and ends
ends on the thirty-first of December of the current year.
(5) Funds from bilateral conventions and agreements are managed
according to the modalities provided for by these acts.
ARTICLE 28.- In the event of a budget surplus observed at the end of the financial year, the Council
Administration allocates all or part of it to the Special Telecommunications Fund,
for the development of the telecommunications and ICT sector.
ARTICLE 29.- (1) An Accountant, appointed by decree of the Minister in charge of
finance among the treasury accountants, is responsible for carrying out operations
financial resources of the Agency. As such, he:
-__ records all income and expenses;
-__ ensures the payment of expenses incurred;
-__ ensures the regularity of expenditure.

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(2) The Accountant has sole capacity to operate any handling of the
funds or securities and sign checks relating to disbursements of funds. It is
responsible for keeping the accounts and the fairness of the writings.
(3) The payment of expenditure authorized by the authorizing officer is made
only from the Accountant.
(4) The Accountant is personally responsible for his operations
financial and accounting. At the end of each exercise, he is required to prepare a
management account.
(5) The management account is subject to the judgment of the Chamber of
Accounts of the Supreme Court.
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ARTICLE 30.- (1) The Accountant is subject to the regulations applicable to
public accountants.
(2) The management of the Agency obeys the rules of public accounting.
ARTICLE _31.- A Financial Controller is appointed to the Agency by an act of
Minister in charge of finance.
ARTICLE 32.- (1) The Director General establishes, at the end of each financial year,
all the statements relating to the situation of all bank accounts,
deposit and wallet. It also establishes the inventories as well as the state of receivables and
debts. He presents to the Board of Directors and, as the case may be, to the Minister in
in charge of finance and to the Minister in charge of telecommunications,
periodicals and an annual activity report.
(2) The Chief Executive Officer present within six (6) months following the closing
the budget year, the annual financial statements, the budget execution report
of the past financial year and the report on the state of the Agency's assets.
(3) The Financial Controller and the Accountant present to the Board
Administration their respective reports on the execution of the Agency's budget.
(4) Copies of the reports referred to in paragraph 3 above shall be sent to the
Minister in charge of finance, the Minister in charge of telecommunications and
Director General of the Agency.
ARTICLE 33.- (1) The Agency is required to publish an information note every year
presenting the statement of its assets and liabilities, and summarizing its annual accounts in
a newspaper of legal announcements.

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(2) Independent audits may be carried out by the Board
Administration or supervision.
ARTICLE 34.- The Agency is subject to the control of the competent public services
under the conditions set by the laws and regulations in force.
CHAPTER V
STAFF
ARTICLE 35. (1) The Agency may employ:
-__ staff recruited directly;
-__ officials on secondment;
-_ State agents covered by the Labor Code.
(2) The personnel referred to in paragraph (1) above must present a profile
adequate for the positions they occupy.
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BELL LLLLLELLLLLEREX
(3) Civil servants on secondment and State agents assigned to
the Agency are subject, throughout their employment, to the texts governing
Agency and labor legislation, subject, for civil servants, to
provisions of the general civil service statute relating to retirement,
advancement and at the end of the secondment.
(4) The staff of the Agency must in no case be salaried, nor
receive remuneration in any form whatsoever, or have a direct interest
or indirect in a company in the telecommunications and
pl
TIC.
(6) Disputes between staff and the Agency fall within the competence of
common law courts.
CHAPTER VI
MISCELLANEOUS AND FINAL PROVISIONS
ARTICLE 36.- (1) Members of the Board of Directors and all
Agency staff are subject to the obligation of confidentiality for information,
facts, acts and information of which they are aware in the exercise of their
functions.
(2) Any breach of the obligations provided for by the provisions of
paragraph 1 above, constitutes gross negligence resulting in immediate dismissal for the

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members of the Board of Directors and General Management, or dismissal for
personnel, without prejudice to legal proceedings.
ARTICLE 37.- The directors of the Agency are responsible. individually or
jointly and severally, as the case may be, towards the Agency or third parties, for management acts
carried out in violation of the laws and regulations in force.
ARTICLE _38.- This decree, which repeals decree n ° 98/197 of September 8, 1998,
on the organization and functioning of the Regulatory Agency for
Telecommunications, will be recorded and published under the emergency procedure, then
inserted in the Official Journal, in French and English./Yaoundé, APR 20, 2012
THE PRESIDENT OF THE REPUBLIC,

