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LEGANET.CD

LEGANET.CD

LEGANET.CD LEGANET.CD

FRAMEWORK LAW N ° 013-2002 OF 16 OCTOBER 2002 ON TELECOMMUNICATIONS IN DRC
Title 1: general provisions
Chapter 1: Object, scope and principles
Chapter 2: Definitions
Title 2: Structures
Chapter 1: Of the Minister
Chapter 2: The regulatory authority
Title 3: Legal regime
Chapter 1: Telecommunications networks
Section 1 time : From the Reference Network to the Basic Network
Section 2: Of the Concessionaire Network of Public Services
Section 3: The Independent Network
Chapter 2: Telecommunications services
Section 1 time : Of the Concession Regime
Section 2: The Authorization Regime
Chapter 4: Cable television, television and radio broadcasting
Chapter 5: Cryptology
Title 4: From the public operator
Title 5: Easements
Chapter 1: General easements
Chapter 2: Protection easements for telecommunications networks
Title 6: Criminal provisions
Title 7: Transitional and final provisions

The Constituent and Legislative Assembly, Transitional Parliament adopted;
The President of the Republic promulgates the law, the content of which follows:

Title 1: general provisions

Chapter 1: Object, scope and principles

Article 1

er

This law governs the telecommunications sector in the Democratic Republic of Congo.

As such, it aims to:

at. Set the terms of possession, installation and operation of telecommunications throughout the national territory;
b. Guarantee the harmonious and integrated development of telecommunications networks and services;
vs. Facilitate the mobilization of financial resources through the participation of the private sector in the development of telecommunications in
a fair competitive environment.

Article 2
State installations established for the purposes of security and safety are excluded from the scope of this law.
national defense or using exclusively for the own needs of an administration, frequency bands allocated to
this administration.

However, these installations must be carried out in compliance with all the provisions concerning the coordination of
telecommunications at the national level, in particular rules relating to requests and allocations of frequencies.

Article 3
Under the conditions provided for by the provisions of this law:

1. Telecommunications activities are carried out in accordance with the operating regimes of the concession, authorization and
declaration provided for in Title III;
2. The maintenance and development of the public telecommunications service, which includes in particular the right of everyone to benefit
universal telecommunications service are guaranteed;
3. The regulatory function of the telecommunications sector is independent of that of network operation and supply.
telecommunications services.

It is exercised on behalf of the State under the conditions provided for in this law by the Minister responsible for telecommunications and
by the Regulatory Authority.

Chapter 2: Definitions

Article 4
Under the terms of this law, the following terms are understood to mean:

Telecommunication:
Any transmission of signs, signals, writings, images, sounds or information of any kind, by wire, radioelectricity,
optical or other electromagnetic systems.

Telecommunications network:
Any installation or set of installations ensuring the transmission and routing of telecommunications signals as well as
as the exchange of control and management information associated with it between the termination points of this network.

Network open to the public:
Any telecommunications network established or used for the provision of telecommunications services to the public.

Independent network is:
For private use: when it is reserved for the internal use of the natural or legal person who establishes it:
For shared use: when it is reserved for the use of several persons or legal entities constituted in one or more closed groups
users, in order to exchange internal communications within the same group.

Internal network:
Independent network entirely established on a property without borrowing neither the public domain, including wireless, nor a property
third.

Telecommunications service:
All services including the transmission or routing of signals, or a combination of these functions, by means of
telecommunications with the exception of audiovisual communication services broadcast over the air or distributed by cable.

Phone service :
Commercial exploitation of direct transfer in real time of voice or similar signals to and from networks
open to the public, switched between fixed or mobile users.

Telex Service:
The commercial exploitation of direct transfer, in real time by exchange of signals of a telegraphic nature, of messages
typing between users connected to termination points of a telecommunications network.

Tv-distribution :
Transmission or retransmission to subscribers through a cable and / or microwave network, of broadcasting signals
sound and television received via satellite or an appropriate terrestrial system or produced locally.

Surgery :
Any natural or legal person, operating a telecommunications network.

Broadcasting:
Any telecommunication carried out by means of electromagnetic waves of frequency lower than 3,000 gigahertz, transmitted in
space without an artificial guide.

Radio installation:
any telecommunications installation which uses radio frequencies for the propagation of waves in free space. At
many of the radio installations include installations and networks using satellite capabilities.

Essential requirements:
The reasons for imposing the conditions relating to the establishment and / or operation of
telecommunications or the provision of telecommunications services.
These reasons are the operational security of the network, the maintenance of its integrity and, in cases where this is justified,
interoperability of services, data protection, environmental protection and urban planning objectives and
spatial planning as well as the rational use of the frequency spectrum and the prevention of any interference
detrimental between radio telecommunications systems and other land or space technology systems.
Data protection may include the protection of personal data, the confidentiality of information transmitted or
stored as well as privacy protection.

Terminal equipment:
Any device, installation or set of installations, intended to be connected to an endpoint of a network and which
transmits, receives or processes telecommunications signals.
Equipment providing access to audiovisual communication services broadcast over the air or
distributed by cables, except where this equipment also provides access to telecommunications services.

Endpoint:
The physical connection points meeting the technical specifications necessary to have access to a network of
telecommunications and communicate effectively through it. They are an integral part of the network.
When a telecommunications network is connected to a foreign network, the points of connection to this network are considered
like endpoints.
When a telecommunications network is intended to transmit signals to broadcasting facilities, the points of
connection to these facilities are considered endpoints.

Technical specifications:
The definition of the characteristics required of a product such as, in a non-exhaustive way, the levels of quality or property
instructions, safety, dimensions, terminology, symbols and test methods, packaging, marking and labeling.

Interconnection:
The reciprocal services offered by all operators of networks open to the public which allow all users
to communicate freely with each other, regardless of the networks to which they are connected or the services they use.

Value-added services:
Any telecommunications services which, not being final telecommunications services, add other services to the service
support or meet new specific telecommunications needs.
Examples include direct data processing, direct database recording and retrieval, exchange
data email, email or voicemail.

Support service:
Bearer service is understood to mean a simple data transport service, the purpose of which is either to transmit and or to retransmit
and either to route signals between the termination points of a telecommunications network without subjecting these signals to
processing other than those necessary for their transmission, routing and control of these functions.

Leased link:
The provision of an operator within the framework of a rental contract of a transmission capacity, between points of
termination of the network open to the public, for the benefit of a user, to the exclusion of any communication controlled by this
user.

Distribution network:
Cable / or wireless network through which signals received or produced locally are transmitted or retransmitted to subscribers. He
is a network open to the public.

Minister:
The Minister of the Government of the Democratic Republic of Congo in charge of the telecommunications sector.

Regulations:
The function which consists essentially of ensuring the proper functioning and development of the entire
telecommunications by an adapted and adequate normative and institutional framework.

Regulation:
The application or implementation of the regulations. The aim of regulation is to facilitate, stimulate and boost the market for
telecommunications to meet customer demand, allow users to communicate or do business at
from any time and at the lowest possible price.

Radio frequency spectrum management
All the administrative and technical actions under the responsibility of the State and aimed at ensuring a rational use of the spectrum of
radio frequencies assigned in an objective, transparent and non-discriminatory manner to users.
The radio frequency spectrum is a limited resource in the public domain, managed, controlled and administered by the State.

Individual reception:
Private reception, by means of domestic installations, of signals transmitted by radio, television or satellite.

Telecommunications Administration:
The entity responsible for exercising within the Ministry having telecommunications in its attributions, the prerogatives devolved to it.
Public Operator:
The legal person benefiting from exclusive or special rights for the provision of public telecommunications services.

Basic service :
Telephone, telegraph and telex services between fixed points, whatever the nature of the installations and the means of
transmission used.

Universal service:
The right of everyone to benefit from basic telephone service, telex, payphones at a reasonable cost from any region
inhabited country.

Assignment of a radio frequency or channel:
Authorization given by the State for the use by a radio station of a radio frequency or channel
determined under specified conditions.

Interoperability of terminal equipment:
The ability of this equipment to operate, on the one hand, with the network and, on the other hand, with other terminal equipment
allowing access to a service.

National Network :
The set of subscriber terminals, telephone lines, exchanges, terrestrial and satellite transmission means
used in the Democratic Republic of Congo for the production of local, interurban and
international ..

Telecommunications service:
Any service including the transmission or routing of signals or a combination of these functions by means of
telecommunications with the exception of audiovisual communication services broadcast over the air or distributed by cable.

Title 2: Structures

Article 5
This law provides for two structures:

The Minister;
The Regulatory Authority.

Chapter 1: Of the Minister

Article 6
Without prejudice to other legislative and regulatory texts, the Minister's mission and powers are:

· Design and propose to the Government the general policy to guide the development of the sector;

· Implement the policy defined by the government in the field of national and international telecommunications
for the aspects which come under this law;

· To adopt the administrative and police regulations relating to telecommunications and to fix the related taxes;

· Define and update the general regulatory framework for the sector;

· Ensure, in collaboration with ministries and state departments in charge of justice, interior, defense and
security, in accordance with the laws and regulations in force, general surveillance and police of the sector;

· Represent the interests of the country with sub-regional, regional and international, and ensure the implementation of
international agreements and treaties in the telecommunications sector.

Article 7
In exercising the powers conferred on him by this law, the Minister shall ensure that:

· Ensured the separation and independence of the telecommunications sector regulatory function from that of the exploitation
networks or provision of telecommunications services;

Carried out, under conditions of fair competition, in particular between the public operator and other operators, the supply
services which are not entrusted exclusively to the Public Operator;

· Respected by the public operator and other operators and telecommunications service providers, the principle of equal
treatment of users, regardless of the content of the message transmitted;

· Assured under conditions of cost and efficiency for the national economy and for users, the development of the sector;

· Interconnected all networks providing public telecommunications services.

Chapter 2: The regulatory authority

Article 8
The Regulatory Authority is a public service with legal personality.

It is responsible for:

· Ensure compliance with the laws, regulations and conventions relating to telecommunications;

· Instruct the concession application files, issuing permits, taking statements, establishing specifications
corresponding to the authorizations and ensure that the obligations contracted by their holders are respected;

· Carry out the approvals required by this law;

· Define the principles of interconnection and pricing of public telecommunications services;

· Manage and control the frequency spectrum;

· Develop and manage the national numbering plan;
·
· Analyze and study prospectively changes, nationally and internationally, of the social, economic,
technical and legal activities of the sector;

· Contribute to define and adapt the lines of government policy, the general legal framework in
which are carried out in the telecommunications sector.

A law creates the Regulatory Authority and sets its statutes.

Title 3: Legal regime

Chapter 1: Telecommunications networks

Article 9
Telecommunications include three types of networks:

the reference network or backbone network;
the concessionary network of public services;
the independent network.

Section 1

time

: From the Reference Network to the Basic Network

Article 10
The reference network is all the telecommunications networks established or used by the Public Operator of

telecommunications for the needs of the public.

Article 11
The reference network can only be established by the Public Operator who, with the Minister concludes every three years, a
Contract-Program which defines and fixes the economic and financial objectives that the Public Operator will have to achieve during the
period stopped.

These objectives concern in particular the rate of price growth, the level of investment, the level of indebtedness, the
staff productivity, telephone penetration rate, quality of service and national coverage.

Article 12
However, the State, through the Regulatory Authority, may authorize another operator to install and operate under the
conditions provided for in Chapter II below, part of the reference network.

The Regulatory Authority periodically sets the number of new operators who can obtain such authorization.

Section 2: Of the Concessionaire Network of Public Services

Article 13
The public service concessionary network is a network open to the public, established on the basis of a concession contract binding
the State to a concessionaire, natural or legal person, under public or private law, from whom it expects, in addition to license fees, various
periodic payments related to public interest obligations and other rights due.

Section 3: The Independent Network

Article 14
The establishment of independent networks is authorized by the Regulatory Authority.

The authorization specifies the conditions under which these networks and those mentioned in Articles 24 and 28 may be, as
exceptional, and without allowing the exchange of communications between persons other than those for whom the use is reserved,
connected to a network open to the public.

An independent network can only be connected to the public network at one point when it is exclusively established in the territory.
national.

With the authorization of the Regulatory Authority, an operator of public telecommunications services may enter into a contract with the
owner of a network independent of specific agreements relating to the conditions for establishing and operating this network
with a view to its intervention in the public telecommunications service.

An independent network may not, under any circumstances, be connected to a network open to the public, when one of the points of the network is in
outside the national territory only with the authorization of the Minister, after consultation of the Ministry having territorial security in its attributions.

Article 15
Subject to the compliance of radio installations and terminal equipment, other independent networks
are freely established after prior declaration to the Regulatory Authority.
The establishment of independent networks for shared use is subject to the authorization regime.

Chapter 2: Telecommunications services

Article 16
The right to establish and operate telecommunications networks and services in the territory of the Democratic Republic
of the Congo is exercised in compliance with the operating regimes provided for and organized in this chapter.

Article 17
There are three distinct operating regimes that apply to equally different services and activities:

the concession regime
the authorization regime and
the declaration regime.

Section 1

time

: Of the Concession Regime

Article 18
The concession regime is established by the concession of the public telecommunications service.

It concerns exclusively:

- the provision of the telephone service between fixed points as well as the provision of the telex service;

- the establishment and operation of radio-electric networks, in particular cellular ones, intended to provide the public with a
telecommunications which meets a need of general interest;

- the establishment of a telecommunications network open to the public, using other means of transmission.

Article 19
An operating license is granted to the beneficiary of a concession.

The operating license and the specifications are prepared by the Regulatory Authority, approved and signed by the Minister and
published in the Official Journal.

Without prejudice to the agreements and conventions to which the Congolese State is signatory, the legal person benefiting from a license of
concession must be in the form of a Limited Liability Company "SARL" and of which at least 30% of the capital is held by
Congolese legal or natural persons; 5% of this portion must be reserved for the workers of the company.

Article 20
The clauses contained in the license are those of customary public service concession and they set the general framework
execution of the licensed service.

They relate in particular to the conditions relating to coverage, network capacity, quality of service, conditions.
license fees and interconnection.

Article 21
The prescriptions contained in the specifications specify the financial, commercial and technical conditions.
of the activity conceded as well as the extent of the obligations incumbent on the parties.

These requirements relate in particular to:

· The nature, characteristics, area of ​coverage, conditions of permanence, quality and availability of the service;

· The conditions of confidentiality and neutrality of the service with regard to the messages transmitted;

· The standards and specifications of a network and of the service as well as the use of the allocated frequencies;

· The requirements dictated by the necessities of defense and public security;

· Charges due for the use of spectrum and contributions for management and control costs;

· The interconnection conditions and, where applicable, the principle of payment of charges for access to the public network;

· The operator's contribution to telecommunications research, training and standardization;

· The conditions of commercial operation necessary to ensure fair competition and equal treatment of users;

· The duration and conditions of termination or renewal of the concession.

Article 22
The Telecommunications Regulatory Authority sets the number of new operators eligible for a concession.

Section 2: The Authorization Regime

Article 23
The Authorization regime applies to telecommunications services other than those mentioned in Article 18, and using
radio frequencies.

It mainly concerns:

· The establishment of an Independent Network whose endpoints are separated by more than 300 meters and whose connections have
capacity equal to or greater than 2.1 megabits per second;

· Providing services that are not subject to the concession regime, either expressly to that authorization, but use
links of capacity equal to or greater than 2.1 megabits per second leased from concessionaires;

· The provision of services which use links with a capacity of less than 2.1 megabits per second leased to concessionaires;

· The operation of any bearer service intended to transport and transmit raw data, without special processing;

· The installation of any radio broadcasting station for collective reception or reception for the purpose of rebroadcasting;

· Radiocommunication facilities established in ships, boats or aircraft registered in the Democratic Republic of
Congo;

· Radiocommunication facilities established in ships, boats or aircraft, to provide communications or
with other ships, boats or aircraft, or with land stations located in the Democratic Republic of Congo;

· Radio communications facilities, intended either to connect a single person or company in two or more places
either to pursue a scientific or public utility goal;

· Value-added services including direct processing of data, recording and research database direct,
electronic data exchange, electronic mail and voice mail.

Article 24

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The authorization system allows its beneficiary to operate the service under the conditions and under the effects stipulated in a booklet
charges.

However, these conditions may vary depending on the activity concerned.

Article 25
The authorization and the specifications attached to it are issued by the Regulatory Authority, after approval by the
Minister.

They are published in the Official Journal.

Article 26
In any case, additional details as to the terms of granting authorizations will be the responsibility of the Authority.
of Regulation.

Section 3: The Declaration Regime

Article 27
The declaration regime concerns telecommunications activities other than those subject to the two regimes
previous ones.

These include the following activities:

· Publication of lists of subscribers to networks open to the public;

· Telecommunications activities carried out by foreign and international organizations and institutions;

· The installation or operation of an individual receiving earth station;

· The establishment of radio communication stations composed exclusively of low power devices below 10 milliwatts
or low range limited to the urban area of ​300 meters.

Article 28
The declaration is prior and is made to the Regulatory Authority under the conditions and under the effects to be specified.
by directives of the Regulatory Authority.

Chapter 3: Homologation

Article 29
Approval aims to ensure the compliance of equipment and terminals with the standards and technical specifications in force.
on the national territory.

Approval is required for any equipment intended to be connected to a network open to the public and for any
radio installation, whatever the destination.

Article 30
No telecommunications equipment or device may be manufactured, imported or marketed in the national territory.
without homologation.

Article 31
The procedure and conditions for issuing approvals as well as the method of publication of the technical specifications
retained are specified in accordance with the directives of the Regulatory Authority.

Chapter 4: Cable television, television and radio broadcasting

Article 32
The provisions of this chapter apply to any installation carried out by sound broadcasting companies and
television networks, natural or legal persons, as well as telecommunications networks ensuring the transmission to the public of
broadcast signals received by satellite or appropriate terrestrial system or produced locally through a cable network or
wireless.

Article 33
The installation of any sound and television broadcasting station for collective reception or reception for the purposes of
redistribution must comply with the standards defined and decreed by the Regulatory Authority.

The Regulatory Authority assigns the frequencies necessary for the operation of these stations, after consulting the Ministry having
in charge of Information and Press.

Chapter 5: Cryptology

Article 34
Cryptology services are understood to mean all services aimed at transforming, using secret conventions,
clear information or signals into information or signals unintelligible to third parties, or to perform the opposite operation, thanks to
means, hardware or software designed for this purpose.

Article 35
To preserve the interests of the internal or external security of the State and of national defense, the provision,
the operation or use of cryptology means or services are subject to:

1 °.

prior declaration system when this means or this service can have no other purpose than to authenticate a
communication or to ensure the integrity of the message transmitted.

2 °.

authorization regime, with written opinion from the Ministries in charge of national defense and internal security in the
other cases.

The regulatory authority issues and fixes the conditions under which the declaration is subscribed and the authorization is granted.
mentioned in the previous paragraph. It may provide for a simplified declaration or authorization regime for certain types of equipment or
services or for certain categories of users.

Title 4: From the public operator

Article 36
The Public Telecommunications Operator is the legal person benefiting from the exclusive or special rights for the
provision of public telecommunications services.

All other operators are referred to as:

- concessionary operators of public telecommunications services;
- providers of public telecommunications services;
- independent operators.

Article 37
In the Democratic Republic of Congo, there is, during the period of exclusivity which is recognized to it, only one Operator
Public telecommunications.

Its exclusive or special rights are fixed by this title.

Article 38
The Public Telecommunications Operator is an operator that enjoys temporary exclusivity.

The temporary exclusivity consists for the Public Operator in owning only the network to which any operator concessionaire of
public telecommunications service is required to interconnect, and through which it passes its national or international traffic.

The Minister may exceptionally, subject to prior notice from the Regulatory Authority, authorize an operator
concessionaire of the public telecommunications service to sell its own interurban traffic and to have its own
international exit, under various conditions, the main one of which is to sell the traffic of other operators interconnected to the
reference network.

Article 39
For the purpose of financing the universal service and ensuring the development of telecommunications in rural areas and
isolated, a universal service and telecommunications development fund is created.

An order of the Minister fixes its organization, its functioning and determines the conditions under which the
projects using universal service and telecommunications development funds.

Article 40
Revenue from license fees, declarations authorizations, taxes and fees, in connection with
telecommunications, are mainly used for the development of telecommunications.

Title 5: Easements

Chapter 1: General easements

Article 41
Any telecommunications network established or used for the needs of the public is obliged to interconnect to the network of
the Public Operator through which all the national networks are interconnected.

The Minister sets the specific rules relating to the interconnection of networks.

Article 42
Public telecommunications service concession licenses and authorizations issued pursuant to this
law are personal and not transferable.

When the holder of a concession license or authorization does not comply with the obligations imposed on him by
the texts in force as well as the conditions contained in the specifications, the Minister, and where applicable, the Regulatory Authority
with regard to authorizations and declarations, puts him on notice to comply with them.

Article 43
However, concession licenses or authorizations may be withdrawn without prior notice in the event of
substantial changes in the composition of the share capital, if the latter comes to be entirely relaxed by
persons of foreign nationality.

Article 44
Decisions to suspend or withdraw authorization are taken by the Regulatory Authority and are subject to appeal.
before the Minister.

Article 45
Decisions to suspend or withdraw a concession license and those duly approved for authorization, may
the subject of a request for suspension of execution, before the Minister prior to any recourse before the competent courts.

Article 46
The State may, either for reasons of public security or the defense of the territory or in the interest of the public service of
telecommunications or for any other reason, prohibit in whole or in part, and during the time it determines, the use of the facilities
telecommunications.

The State may also, in the case referred to in the first paragraph of this article, requisition or have requisitioned by
officials appointed by him, telecommunications facilities.

Those who usually serve these facilities may be required to render their services to the authority.
competent if required by it.

Article 47
Any private telecommunications route or installation must be established and implemented in such a way as to prevent and avoid
any disruption to the telecommunications service and the proper functioning of electrical devices.

Article 48
All electrical installations, regardless of their distance from telecommunications installations,
public and private, must be established, maintained and used in such a way as not to bring, by induction, bypass or any other
way, no trouble in the service of these facilities.

Article 49
Unless otherwise stipulated in a specific agreement concluded with the State, the operator of a network is prohibited
independent of receiving a royalty, remuneration or any direct or indirect benefit as a result of the establishment,
the use, operation or use of an installation of a private telecommunications device.

Likewise, unless authorized by the Regulatory Authority, operators of independent networks are prohibited from
transmit or receive, even free of charge, private correspondence, signals or communications of any kind on behalf of
or for the benefit of third parties.

Article 50
The agents with the quality of Judicial Police Officer "OPJ" with restricted competence specially appointed by the
Minister for research and the observation of infringements of the provisions of this law have the capacity to request, on justification of
their identity, day and night, access to land, buildings, ships, boats, aircraft where there are regular installations
authorized or not.

Refusal to comply with the authority's requisitions may result in the temporary or permanent withdrawal of the operating permit.
granted independently of the other penalties provided for in this law.

Article 51
When they enter territorial waters or the territory of the Democratic Republic of the Congo, the on-board stations of
ships, boats and aircraft, whatever their nationality, are required to cease all relations with stations other than the
Congolese stations.

This provision does not apply to:

1 ° communications specially authorized under international agreements;
2 ° emergency or safety signals, to calls for distress messages, and to the responses they contain;
3 ° communications from ships, boats or aircraft provided, prior to their entry into territorial waters or on the
territory of the Democratic Republic of Congo, a special permit for correspondence with foreign administrations.

This permit is issued by the Minister.

Article 52
The secrecy of correspondence sent by telecommunications is guaranteed by law.

This secrecy can only be violated by the public authority, in the only cases of necessity of public interest provided for.
by law and within the limits set by it.

Article 53
The public operator, concessionary operators of public telecommunications services and other suppliers of the
telecommunications service and members of their staff are required to respect the secrecy of communications.

Article 54
Are forbidden:

-

the interception, listening, recording, transcription and disclosure of correspondence sent by way of
telecommunications, without prior authorization from the Attorney General of the Republic;

- the emission of false or misleading alarm, emergency or distress signals;

- the emission of signals and communications likely to endanger the security of the State or which would be
contrary to public order or morality or which would constitute an insult to the convictions of others
or an offense against a foreign state.

Article 55
Only information needs motivated by the need for the ultimate manifestation of truth in a case
may authorize the Attorney General of the Republic to order the interception, recording and transcription of
correspondence sent by telecommunications.

Article 56
The decision taken in application of article 50 above must include all the elements of identification of the link to
intercept, the offense which motivates the use of the interception as well as the duration of the interception.

This decision is taken for a maximum period of six months. It can only be renewed under the same conditions
form and duration.

Article 57
A magistrate appointed by the Public Prosecutor may request any qualified agent from a service or body placed under
the authority or supervision of the Minister or any qualified agent of a network operator or supplier of telecommunications services
authorized, in order to install an interception device.

Article 58
A magistrate appointed by the Attorney General draws up a report on each of the interception operations and
recording. This report mentions the date and time at which it ended.

The recordings are then placed under closed seals.

The magistrate transcribes the correspondence useful for the manifestation of the truth. A report is drawn up. This
transcript is on file.

Correspondence in dialects or in national languages, Lingala, Swahili, Tshiluba, Kikongo or others as well as those in
foreign language are transcribed into French with the assistance of an interpreter required for this purpose.

Article 59
Exceptionally, interceptions of correspondence sent by way of
telecommunications for the purpose of retrieving information relevant to national security, the safeguarding of elements
essential to the scientific, economic and even cultural potential of the Democratic Republic of the Congo, or the prevention of crime
and organized crime.

Article 60
The authorization is granted by written and reasoned decision of the Minister in charge of Home Affairs, on a proposal.
written and substantiated by the Minister in charge of Defense and Territorial Security or the Senior Head of
information.

Chapter 2: Protection easements for telecommunications networks

Article 61
The installation of infrastructure and equipment must be carried out with respect for the environment, rules
planning, the aesthetic quality of the premises and this, in the least damaging conditions for private property and
public domain.

Article 62
The State has the right to make use of private property for the establishment of overhead and underground lines intended for
telecommunications.

The establishment of these lines above the properties, without attachment or contact, must be tolerated and do not give rise to
the completion of any formality with the owners and occupants.

The Minister determines the conditions of attachments or contacts of overhead lines and the conditions of installation of lines
underground.

Article 63
The placement of lines, cables, wires, antennas and their supports on the roofs of buildings, as well as on
facades and gables, gives rise in each case to a prior agreement between the public operator and the beneficiaries.

In the absence of agreement, the Public Operator seizes the Minister for a decision. This decision is notified to the owner of the building
at least fifteen days in advance.

Article 64
No work may be carried out inside private property without the permission of the owner.
However, this defense cannot be invoked by the owner or his legal successors to prevent the tenant or occupant
to be connected to the public network.

When the work involves the removal or modification of a building, in the absence of an amicable agreement,
the expropriation of these buildings for public utility in accordance with common law.

In the event of resale of the expropriated building, the former owners benefit from a right of first refusal.

Article 65
When trees planted on private property, come or may come in contact with threads intended for
telephone communications, the owner of the trees may be required to carry out the necessary pruning. In case of refusal of his
part, or if the pruning has not been carried out within ten days of the formal notice, it may be done automatically and at the expense of the owner.

Article 66
The telecommunications operator must compensate for direct damage caused by the establishment, maintenance,
relocation and removal of the telephone lines it operates.

The digging of excavations or trenches is subordinated to the restoration of the places in their original state.

Title 6: Criminal provisions

Article 68
Subject to the provisions of the penal code, offenses relating to telecommunications give rise to proceedings.
transaction.

The Administration can come to terms with the offender and charge a transactional fine, the rates of which are revised
periodically by the Minister.

Article 69
Anyone who operates, without authorization or without prior declaration, a means of telecommunication is punished with a
fine of ten thousand, 10,000 to 100,000 constant Congolese francs.

When the transaction between the Telecommunications Authority and the offender has not been successful, the competent court
seized may order the confiscation of devices and objects used for their operation, without prejudice to other penalties provided for by
laws and regulations.

He can also place in receivership, for a period that he determines all or part of the devices and objects.

The sequestration is automatically lifted if, within this period, the convicted person obtains from the Telecommunications Administration
the authorization to make or re-use the devices and objects, or to destroy or transfer them outside the national territory or
yet to transfer them to a person authorized to establish a telecommunications station.

In the absence of such authorization before the expiry of the period, the devices and objects will be considered as belonging to
the state.

Article 70
Will be punished with one month servitude and a fine of 10,000 to 50,000 constant Congolese francs or one of these two
penalties only, anyone who has either exploited a means of cryptology or provided or had provided a service of cryptology without
prior authorization or declaration.

The court seised may, in addition, prohibit the interested party from requesting this authorization for a period of two years at most,
increased to five in the event of a repeat offense.

In the event of a conviction, the judge may order the confiscation of the means of cryptology.

Article 71
Will be punished with a penal servitude of six months and a fine which will not exceed 100,000 constant Congolese francs, or
of one of these two penalties only, whoever has altered, copied without authorization or destroyed any correspondence sent by way of
telecommunications, will have opened it or will have seized it in order to gain undue knowledge of it or will have used a means to
surprise communications made by a public telecommunications service.

Article 72
Any agent in the service of an operator of public telecommunications services who has committed one of the acts provided for in
the preceding article, or will have facilitated it or which will have intentionally omitted, distorted or delayed the transmission of correspondence by
telecommunications, will be punished with a penal servitude of one year at most and a fine not exceeding 100,000 francs
Congolese constant or one of these penalties only.

Article 73
Will be punished with a penal servitude of six months at most and a fine not exceeding 100,000 Congolese francs
constant or one of these penalties only, the persons designated in the preceding article who except in the event that the law obliges them to do so,
will have revealed or ordered to reveal the existence or the contents of a correspondence transmitted by means of telecommunications.

Article 74
Will be punished with a penal servitude of at least fifteen days and a fine ranging from 10,000 to 100,000 Congolese francs
constant or of one of these penalties only, whoever has proceeded without having informed, at least eight days in advance, the authority of
the administrative district, which immediately notifies the telecommunications operator of the pruning or felling
trees, digging excavations or trenches, constructing or demolishing, or any other work liable to either
degrade a telephone line, or compromise its operation.

Article 75
Will be punished with a fine not exceeding 5,000 constant Congolese francs, those who, by lack of precaution, will either
hampered or prevented correspondence on the public utility telecommunications channel, either destroyed, shot down or damaged any work or
object assigned for this purpose.

Article 76
Is qualified as rebellion and punished according to the provisions of the penal code, any attack, any resistance with violence or
threats either towards officials or agents of operators of public telecommunications services acting in the exercise of
their functions.

Article 77
Whoever has in time of war destroyed, displaced, overthrown or degraded by any means whatsoever, in whole or in
part, of the fixed or field telecommunications channels or installations used for military purposes, either of its own accord or for
the instigation of others, with the intention of favoring the designs of the enemy, will be punished with capital punishment.

Article 78
Anyone who opposes the research aimed at discovering the offense provided for in Article 63 or the seizures
resulting from this research, is punishable by a fine not exceeding 10,000 constant Congolese francs, without prejudice to
penalties provided for by law in the event of contempt or rebellion.

Title 7: Transitional and final provisions

Article 79
Pending the creation and establishment of the Regulatory Authority and the Public Operator, the General Secretariat for
Posts and Telecommunications, the Congolese Post and Telecommunications Office and the National Telecommunications Network by
Satellite, ensure the role of the Regulatory Authority for the former and the role of the Public Operator for the latter 2 in their form
current respective legal.

Article 80
Concessions and authorizations for the establishment of telecommunications networks and the provision of
telecommunications issued for a period determined before the date of the promulgation of this law shall retain their validity
until expiration.

Article 81
Holders of concessions or authorizations having the same purpose as those referred to in the previous article and issued for
an indefinite period, have a period of one year from the promulgation of this law to comply with the
provisions thereof and possibly submit a new request to the competent authority.

Article 82
This law repeals all previous contrary provisions and especially those of Legislative Ordinance no.
254 / TELEC of 23 August 1940 on Telecommunications takes effect on the date of its promulgation.

Done in Kinshasa, October 16, 2002.
Joseph KABILA
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