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REPUBLIC OF CAMEROON

PEACE WORK HOME

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LAW N ° 2015/006 OF 20 APRIL 2015 AMENDING AND
COMPLETING CERTAIN PROVISIONS OF THE LAW
N ° 2010/013 OF 21 DECEMBER 2010 REGISSANTLES
ELECTRONIC COMMUNICATIONS
IN CAMEROON

The National Assembly deliberated and adopted,
The President of the Republic promulgates the
law whose content follows:

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ARTICLE 1 .- The provisions of articles 5, 6, 9, 10, 14, 20, 34, 36, 50,56, 81, 83,
84 and 94 are amended and supplemented as follows:
ARTICLE 5 .- (new) For the application of this law and the texts
resulting regulations, the following definitions are accepted:
5- Approval: title issued to a natural or legal person to exercise the activity
installer, laboratory or vendor of terminal equipment in the
field of electronic communications;
15- Electronic communications: emission, transmission or reception of signs,
signals, writings, images or sounds, electromagnetically or optically;
20- Terminal equipment : device, installation or set of installations intended for
to be connected to an endpoint of a network and which transmits, receives or processes
electronic communications signals;
33- Electronic communications network operator: person holding a
concession or license to operate a communications network
electronic products open to the public or the provision of services of availability
of infrastructures in the field of electronic communications.
ARTICLE 6.- (new) (1) Come under the exclusive domain of the State and cannot
be the subject of a concession:
- communications legislation and regulations
electronic;
- management of the frequency spectrum and national orbital positions.
(2) Are within the competence of the State and can be the object of concession
to one or more legal persons governed by public or private law, under the conditions
defined in article 9 below:
- the construction and operation over the entire national territory,
landing points for submarine cables;
- the construction and operation of teleports to one or more networks at
satellites;
- establishment and operation of multiplexes and broadcasting networks.
ARTICLE 9.- (new) (1) May be the subject of a concession, in whole or in part,
to one or more legal persons of public or private law by agreements
laying down in particular the rights and obligations of the beneficiary of this concession, the
State domains below:
- establishment and operation of communications networks
electronic nationwide coverage open to the public;
- establishment and operation of communications transport networks
electronic.
(2) The concession is granted to any legal person who undertakes
to respect the provisions of this law, the clauses of the specifications,
as well as the general provisions relating to:
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- the nature, characteristics and coverage area of ​the service;
- the conditions of permanence, quality and availability of the service;
- the conditions of confidentiality and neutrality of the service, with regard to
messages transmitted;
- network and service norms and standards;
- the use of the allocated frequencies;
- the prescriptions required for national defense, public security,
health and environmental protection and town planning objectives;
- the operator's contribution to research, training and
standardization of electronic communications;
- the interconnection conditions and, where applicable, the principle of payment
charges for access to electronic communications networks
open to the public;
- the conditions for sharing infrastructure;
- the modalities of contribution to the general missions of the State and, in
particular, to the missions and charges of the universal service and
territory planning ;
- the free routing of emergency electronic communications;
- the commercial operating conditions necessary to ensure a
fair, objective, transparent, non-discriminatory competition at competitive prices
affordable, without distorting or hampering the exercise of free competition,
ensuring equal treatment of all users;
- the duration, conditions of termination and renewal;
- the methods for calculating and revising the contribution payable under
participation in the development of electronic communications on
the whole territory.
(3) Under penalty of penalties provided for by the regulations in force,
electronic communications operators ensure, before broadcasting
audiovisual content, which aggregators and publishers have a
appropriate logging title obtained in accordance with regulations and
legislation.
ARTICLE 10 .- (new) (1) The license is issued to any natural person
or legal to establish and operate in particular:
- any support service;
- radio networks in one or more localities,
with the exception of those referred to in article 9 above;
- independent private networks excluding those referred to in Article 16
below ;
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- temporary networks;
- experimental networks;
- the collection and / or distribution networks, with a view to supplying
public electronic communications services;
- electronic communications networks open to the public in
rural areas;
- virtual networks open to the public;
- passive infrastructures in support of communications networks
electronic.
(2) The methods of establishing and / or operating the networks and
electronic communications services referred to in paragraph 1 above are
defined by regulation.
(3) The license issued is subject to compliance with a
charges relating to:
- the nature, characteristics and coverage area of ​the service;
- the conditions of permanence, quality and availability of the network and
service;
- the conditions of confidentiality and neutrality with regard to messages
transmitted and information related to electronic communications;
- the prescriptions required for the protection of health and
the environment and by the objective of land use planning and
town planning, including, where applicable, the conditions of occupation of the
public domain and the modalities of infrastructure sharing;
- the prescriptions required by national defense and security
public;
- compliance with the technical requirements concerning access to the service,
its interconnection with other support services and compatibility
how it works with them;
- the free routing of emergency electronic communications;
- the conditions necessary to ensure the interoperability of services;
- the obligations imposed on the operator to allow his control
by the Agency;
- information on the contractual conditions of supply of the service and
consumer protection;
- the duration, conditions of termination and renewal of the license;
- the methods for calculating and reviewing the contributions payable;
- the modalities of contribution to the general missions of the State and, in
particular, to the missions and charges of the universal service and
territory planning.
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(4) The licensee may provide the valuable services to the public
added linked to its license, in accordance with the regulations in force.
ARTICLE 14 .- (new) (1) The following are subject to obtaining approval:
- the activity of installer of equipment and infrastructure of
electronic communications;
- laboratories for testing and measuring the equipment of
electronic communications;
- the sale of terminal electronic communications equipment;
(2) The procedures for obtaining approval are set by way of
regulatory.
ARTICLE 20.- (new) (1) The issuance and renewal of an agreement
concession or license are subject to payment of a consideration
called respectively " entry fee " and " right of
renewal ”.
(2) The amount and the terms of payment of the duty
entry fee or the license renewal fee are set in the
concession agreement and approved by decree of the President of the
Republic.
(3) The renewal of a concession is conditional on payment
debts of the operator vis-à-vis the State.

(4) The right of renewal is obtained following a negotiation which
takes into account in particular:
- the evolution of the market,
- the operator's turnover;
- compliance with the specifications.
(5) The amount of the entry fee and license renewal
as well as the terms of payment are fixed by a joint decree of the
ministers responsible for finance and telecommunications.
(6) Entry and renewal fees are collected by the Agency
of Telecommunications Regulation.
(7) A performance bonus deducted from the entry or renewal fee
is served to staff in charge of the regulation and regulation of
telecommunications and information technology and
communication.

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(8) The procedures for the allocation and distribution of entry fees and
renewal are fixed by an order of the Ministers in charge of
telecommunications and finance.
ARTICLE 34.- (new) (1) A Special Fund is established by this law
of Telecommunications.
(2) The resources of the Special Telecommunications Fund referred to in paragraph
1 above originate in particular:
- annual contributions from operators and service operators
electronic communications, up to 3% of their turnover
duty-free business;
- state subsidies;
- income from the production and publication of the universal directory
subscribers;
- the budget surpluses of the Agency referred to in Article 36 below;
- the portion of the entry and renewal rights resulting from the sale
and the renewal of authorizations;
- donations and bequests.
(3) The resources of the Special Telecommunications Fund are
public funds intended, according to the priorities set by the minister in charge of
telecommunications, financing:
- the universal electronic communications service;
- the development of electronic communications throughout the
territory;
- the development of Information Technologies and
Communication;
activities related to the security of communications networks
electronic and information systems.

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(4) The resources of the Special Telecommunications Fund are
collected by the Agency referred to in Article 36 below and deposited in a
account opened for this purpose in an approved financial institution.
(5) Network operators and service providers are
subject to payment of an annual fee of 1.5% of their turnover
excluding taxes, for the operation of the Agency responsible for the regulation of
telecommunications to the tune of 1% and the Agency in charge of
information and communication up to 0.5%, according to the terms set
by a regulatory text.
(6) A committee responsible for validating projects is created
universal service and telecommunications development priorities and
information and communication technologies.
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(7) The Minister responsible for telecommunications is the authorizing officer
expenses incurred from the Fund.
(8) A decree of the President of the Republic fixes the modalities of
management of the Special Telecommunications Fund.

ARTICLE 36.- (new) (1) Regulation, control and monitoring of activities
operators and providers of communications services
electronic systems are provided by a regulatory agency hereinafter designated
the agency.
(2) The Agency provided for in paragraph 1 above ensures that the principle
equal treatment of users in all communications companies
electronic.
As such, it has the following missions:
- to ensure the application of legislative and regulatory texts
telecommunications and information technologies and
communication;
- to 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;
- sanction operators' breaches of their obligations,
as well as anti-competitive practices;
- define the principles to govern the pricing of the services provided;
- to examine license applications and prepare decisions therein
related;
- formally issue the declaration receipts;
- define the conditions and obligations for interconnection and sharing
infrastructures ;
- to issue an opinion on all draft legislative texts and
electronic communications regulations;
- ensure the assignment and control of the frequency spectrum;
- prepare the bidding documents for concessions and
licenses;
- establish and manage the numbering plan;
- to submit to the Government all proposals and recommendations
aimed at developing and modernizing the
telecommunications and information and communication technologies
communication;
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- assign addressing resources;
- to examine the approval files for terminal equipment and
prepare related decisions;
- to issue approvals;
- guarantee the protection of consumers;
- to perform any other mission of general interest that the
Government in the telecommunications and
information and communication technologies.
(3) The organization and functioning of the Agency referred to in paragraph 1 below
above are fixed by decree of the President of the Republic.
ARTICLE 50.- (new) (1) The Agency allocates under objective conditions,
transparent and non-discriminatory to operators who request it,
addresses, prefixes and numbers, for a fee whose
amount is set by joint decree of the Ministers responsible for
telecommunications and finance.
(2) The fee referred to in paragraph 1 above is collected by the Agency
of Telecommunications Regulation and distributed according to the terms set
by regulation.
(3) The conditions of use of these addresses, prefixes, numbers or
blocks of numbers relate to:
- the type of service to which the use of resources is reserved;
- efficient and relevant use of assigned numbers;
- payment of user fees.
(4) Subscribers to an electronic communications network open to
public, are entitled to the number portability service according to the conditions set
by regulation.
(5) The conditions of rental, use of addresses, prefixes,
numbers or blocks of numbers provided for in paragraph 1 above, are specified
in the management rules published by the Agency, where applicable, in the notebooks
of operator charges.
ARTICLE 56.- (new) (1) Terminal communications equipment
electronic devices open to the public and radio installations, whether
whether or not they are intended to be connected to communications networks
electronic devices open to the public, are subject to approval, under the conditions
provided for by this law .
(2) The purpose of the approval referred to in paragraph 1 above is to guarantee compliance
of the essential requirements and to check the conformity of the equipment
radio terminals and installations in accordance with the norms and standards in force in
Cameroon, as well as their interoperability.
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(3) A regulatory text defines the approval procedures
terminal equipment and radio installations referred to in paragraph 1
above.
ARTICLE 81.- (new) (1) Shall be punished by the penalties provided for in article 80 above.
above, one which, by means of an electromagnetic or acoustic device,
mechanical or otherwise, intentionally or unintentionally intercepts a
private communication and who discloses it .
(2) The provisions of Articles 80 and 81 paragraph 1, do not apply
not :
a) to persons who have obtained the express consent of either the author of
private communication, either of the recipient of said communication;
b) to persons who intercept a private communication on demand
a judicial authority in accordance with the laws applicable in the
matter;
c) to persons who provide a communications service to the public
electronic communications and intercepting a private communication in one or
the other of the following cases:
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during the surveillance of the service or an unannounced check
necessary for technical or operational reasons of supply
service and quality assurance;
when this interception is necessary for the provision of this
service;
when this interception is necessary to protect the rights or
goods directly related to the provision of a service
electronic communications.
d) members of the Interministerial Committee responsible for the management and
control of the radio frequency spectrum and the Agency,
for a private communication intercepted in order to identify, isolate
or prevent unauthorized use of a frequency or
transmission.

ARTICLE 83.- (new) (1) Shall be punished by imprisonment for six (06) months
two (02) years and a fine of 1,000,000 (one million) to 5,000,000 (five
millions) of francs or of one of these two penalties only the one who uses
knowingly the services obtained by means of the offense referred to in article 82 paragraph 1 above
above.
(2) The penalties provided for in paragraph 1 above are doubled in the event of use
open to the public.
ARTICLE 84 .- (new) (1) Shall be punished by imprisonment of one (01) month to a
(01) year and a fine of 1,000,000 (one million) to 5,000,000 (five million)
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frank, the one who transmits, without authorization, signals or correspondence
from one place to another, either using electronic communications devices,
or by any other means defined in article 82 of this law.
(2) The court seised may also order the confiscation of the
installations, devices or means of transmission, or their destruction to
costs of the offender.
ARTICLE 94 .- (new) When the offenses referred to in Articles 92 and 93 above
above are committed in territorial waters or on the continental shelf
contiguous to the territory of Cameroon by a member of the crew of a ship
Cameroonian or foreign, they come under the jurisdiction of the courts of
Yaoundé or those:
- the home port of the ship on which the author is embarked;
- from the first Cameroonian port where this ship will land, whose
territorial jurisdiction extends over the maritime extension of the place of
the offense.
ARTICLE 2 .- This law, which repeals all previous provisions
contrary, will be recorded, published according to the urgent procedure, then
inserted in the Official Journal in French and English. / Yaoundé, APRIL 20, 2015

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