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REPUBLIC OF NIGER

LAW N ° 2018-45

-----------------------------Fraternity-Work-Progress

of 12 July 2018
wearing

regulation

of

electronic communications to
Niger.

Considering the Constitution of November 25, 2010;

Having regard to ECOWAS Additional Act A / SA 1/01/07 of January 19, 2007 relating to
the harmonization of policies and the regulatory framework of the
information and communication technologies (ICT);

Having regard to ECOWAS Additional Act A / SA 2/01/07 of January 19, 2007 relating to
access and interconnection of networks and services in the technology sector
information and communication (ICT);

Having regard to ECOWAS Additional Act A / SA 3/01/07 of January 19, 2007 relating to
legal regime applicable to operators and service providers;

Having regard to ECOWAS Additional Act A / SA 4/01/07 of January 19, 2007 relating to the
management of the numbering plan;

Having regard to ECOWAS Additional Act A / SA 5/01/07 of January 19, 2007 relating to the
management of the radio frequency spectrum;

Having regard to ECOWAS Additional Act A / SA 6/01/07 of January 19, 2007 relating to
universal access;

Having regard to Directive n ° 01/2006 / CM / UEMOA of 23 March 2006 relating to harmonization
policies for the control and regulation of the telecommunications sector;

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Having regard to Directive n ° 02/2006 / CM / UEMOA of 23 March 2006 relating to harmonization
regimes applicable to network operators and service providers;

Having regard to Directive n ° 03/2006 / CM / UEMOA of 23 March 2006 relating to interconnection
telecommunications networks and providers;

Having regard to Directive n ° 04/2006 / CM / UEMOA of 23 March 2006 relating to the service
universal and network performance obligations;

Having regard to Directive n ° 05/2006 / CM / UEMOA of 23 March 2006 relating to the harmonization
pricing of telecommunications services;

Considering Directive n ° 06/2006 / CM / UEMOA of 23 March 2006 organizing the general framework
cooperation between the National Regulatory Authorities (ANR) in matters of
of Telecommunications;

Considering the ordinance n ° 99-045 of October 26, 1999, regulating
Telecommunications in Niger;

THE COUNCIL OF MINISTERS HEARD,
THE NATIONAL ASSEMBLY HAS DELIBERATED AND ADOPTED,
THE PRESIDENT OF THE REPUBLIC PROMULATES THE LAW
WHOSE CONTENT FOLLOWS:

CHAPTER ONE: GENERAL PROVISIONS

S ECTION 1: DEFINITIONS

Article 1: For the purposes of this law, the following terms are understood to mean:
Subscriber: person who receives and pays for an electronic communications service
for a period of time under an agreement in accordance with established terms
by the service provider with the approval of the Regulatory Authority.

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Access : made available to another company, under well-defined conditions and
in an exclusive or non-exclusive manner, resources and / or services with a view to the
provision of electronic communications or computer services or
of broadcast content. This covers in particular:
- access to network elements and associated resources and possibly the
connection of equipment by fixed or non-fixed means (this includes
in particular access to the local loop as well as to the necessary resources and services
the provision of services through the local loop);
- access to physical infrastructure, including buildings, ducts and pylons;
- access to relevant software systems, including assistance systems for
exploitation;
- access to call number conversion or to systems offering
equivalent functionality;
- access to fixed and mobile networks, in particular for roaming;
- access to conditional access systems for television services
digital;
- access to virtual network services.

Unbundled access to the local loop: the act of providing partial or total shared access to the
wired local loop. It does not imply any change in ownership
of the local loop.
Shared access to the local loop: providing access to the wired local loop
of a notified operator, so as to allow the beneficiary of this access to use the
unvoiced frequencies of the frequency spectrum available on the twisted pair
metallic. The local loop continues to be used by the notified operator to provide
telephone service to the public.
Fully unbundled access to the local loop : providing access to the loop
wired local of a notified operator so as to allow the use of the entire
spectrum of frequencies available on the metallic twisted pair by the recipient of
access.
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Universal access / service: Universal access refers to a situation where each individual has
a reasonable means of access to a telephone made available to the public. The service
universal refers to the universal connectivity of all homes to facilities and
public network services, at affordable prices. For simplicity, the term
of "universal access" used in this law also includes universal service which
includes the provision throughout the national territory of telephony services,
multimedia and data transmission at affordable prices.

Approval: authorization granted to any natural or legal person to carry out
installation of equipment and networks connected to a network open to the public.

Directory: book, list or file containing mainly and exclusively
data concerning the subscribers of a public telephone service and made available
the public in order to allow exclusively or mainly the identification of the
end user phone number.

Frequency assignment: authorization granted by the Regulatory Authority
to use one or more frequencies under specified conditions.
Original text

Allocation of a frequency band: entry in the Table of allocation of

d'utiliser une ou plusieurs fréquences selon des conditions spécifiées.

frequency bands, of a specified frequency band, for the purposes of its use
Contribute a better translation

by one or more terrestrial or space radiocommunication services, or by the
radio astronomy service, under specified conditions. This term applies
also at the frequency band considered.

Authorization: administrative act (license, Concession contract, or authorization
general) which confers on a company a set of rights and obligations
specific, under which this company is founded to establish, operate networks
or provide electronic communications services.
General authorization : authorization that is granted by a National Authority for
regulation for any company meeting the conditions applicable to services and / or
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proposed electronic communications networks and obliges the company concerned
obtain an explicit decision from the National Regulatory Authority before exercising
the rights arising from this act and to communicate to the National Regulatory Authority
the necessary information on the network or the service offered to ensure the
compliance with the conditions attached to the authorization in accordance with existing regulations.

Regulatory Authority : Authority in charge of regulating communications
electronic mail and mail.

Radio frequency bands: sets of radio waves are
propagating in space, without an artificial guide, and which can be used for
wireless transmission of information.

Local loop: sets of wire or radio links existing between the station
of the subscriber and the subscriber switch to which it is attached. The local loop is
thus the part of an operator's network which gives him direct access to the subscriber.

Wired local loop: physical circuit with metallic twisted pair that connects the point of
termination of the network at the subscriber's premises at the main distributor or at any
other equivalent installation of the fixed public telephone network.

Radio local loop (BLR): set of existing radio links
between the subscriber's set and the subscriber switch to which it is attached.

Public booth: telephone set available to the public in a place
public or open to the public.

Submarine cable : the physical medium for electronic communications signals that
uses the marine environment as an installation medium.
Call-back (recall) : procedure for establishing telephone communications between
correspondents, by which the caller is called back by his
corresponding. Real communication is finally established from the called party to the
applicant.
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Interconnection and access catalog: technical and tariff interconnection offer
and access published by public communications network operators
electronic in accordance with the provisions of this law.

Community centers: premises in which the public can have access to
telephone and other electronic communications services.

Physical co-location: service offered by a public network operator of
electronic communications to a public communications network operator
third party electronic communications service provider or to an electronic communications service provider
public, which allows all users to communicate freely with each other
regardless of the networks to which they are attached or the services they use.

Communication to the public online: any transmission, upon individual request, of
digital data not having a private correspondence character, by a process
of electronic communications allowing a reciprocal exchange of information
between transmitter and receiver.

Communication to the public by electronic means: any made available to the public
or groups of categories, by a communication method s e s , of
signs, signals, writings, images, sounds or messages of any kind which have not
not in the nature of private correspondence.

Audiovisual communication : any communication to the public of radio services
or television, regardless of the terms of availability to the public
as well as any communication to the public by electronic means of services other than
radio and television and not relating to communication to the public online.
Electronic communications: any transmission, transmission or reception
signs, written signals, images, sounds, data or information of
any kind by copper cable, optical fiber, radioelectricity or other systems
electromagnetic.
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Consumer: any natural person who uses or requests a
electronic communications accessible to the public for purposes other than
professional.

Declaration: act of notification made by a network operator or by a supplier
of electronic communications services to the National Authority for
regulation and which does not oblige the company concerned to obtain an explicit decision to
the National Regulatory Authority before starting its activities.

Local loop unbundling: service that also includes services
associated, in particular that of co-location, offered by a public network operator
electronic communications, to allow a third-party operator of a public network
of electronic communications to access all elements of the local loop of the
first operator to directly serve its subscribers.

Exclusive rights : rights granted by a Member State to a single company, through
a legislative, regulatory or administrative text which reserves the right to provide a
electronic communications service or to undertake a
electronic communications in a given territory.

Special rights : rights granted by a member state, by means of a legislative text,
regulatory or administrative, which gives one or more companies an advantage
or the ability to provide a service or carry out a communications activity
electronic on the basis of criteria which are not objective, proportional and not
discriminatory.
Terminal equipment: any equipment intended to be connected, directly or
indirectly, at an endpoint of an electronic communications network
for the purpose of transmitting, processing or receiving information. Are not
referred to, the equipment allowing access to broadcasting or
television intended for the public, broadcast over the air, by cable or by other

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means of communication, except in cases where they also provide access to
electronic communications services.
Electronic communications equipment: all hardware and software equipment
used to provide electronic communications services.
Essential requirements : requirements necessary to ensure, in the general interest, the
user and operator staff safety, network protection and
in particular the exchange of information, order and management associated with it
and, where appropriate, the correct use of the frequency spectrum as well as in cases
justified, the interoperability of terminal equipment, data protection,
environmental protection and taking into account urban planning constraints and
regional planning.
Universal access to services fund: financial resources from, among others,
contributions from operators and intended to finance universal access to services.
Service provider: any natural or legal person providing the public with a
electronic communications service.
Provision of an electronic communications network: setting up,
operation, monitoring or provision of such a network.
Radio frequencies or radio frequency spectrum : frequencies or wave spectrum
electromagnetic waves propagated naturally in the 3 kilohertz band at
300 Giga hertz which are used for the transmission and reception of
electronic communications.
Frequency spectrum management: all administrative and
techniques to ensure rational use of the frequency spectrum
radio stations by users.
Information: signs, signals, writings, images, sounds or any other form of message from
whatever nature that constitutes the content transmitted by means of
communications including electronic communications.
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Passive infrastructure: any non-electrical physical element contributing to
establishing networks and providing communications services
electronic.
Electronic communications facilities : any equipment, any device, any
cable, any radio or optical system, any piece of infrastructure, or any
technical device that can be used for information and communication technologies
communication or any other operation directly related to it.

Essential facilities: refer to facilities or equipment
essential for liaising with customers and / or enabling competitors
to carry out their activities and which it would be impossible to reproduce by means
reasonable.
Interconnection: physical and logical link of public communication networks
used by the same company or a different company, in order to allow
users of a company to communicate with users of the same
company or another, or to access the services provided by another
business. Services may be provided by the parties concerned or by other
parties that have access to the network. Interconnection is a special type of access
implemented between public network operators.

Interoperability of terminal equipment: ability of terminal equipment to
operate on the one hand with electronic communications networks and on the other
with the other terminal equipment allowing access to the same
electronic communications.

IP (Internet Protocol): communications protocol
electronic devices used on networks that support the Internet and make it possible to
split the information to be transmitted into packets, address the different packets,
transport them independently of each other and recompose the initial message to
the arrival. This protocol thus uses a technique known as packet switching.
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IP address: address identifying a device connected to the Internet network.
National roaming: form of sharing of active infrastructures,
allowing subscribers of a mobile operator (infrastructure unlike a
MVNO) to have access to the network (indirect access) and to the services offered by an operator
mobile offering said roaming in an area not covered by the national network
of said subscribers.

Individual license: authorization granted by decree issued by the Council of
Ministers and which confers specific rights on a company or which submits its
activities to specific obligations and which obliges the company concerned to obtain a
explicit decision of the Government before exercising the rights deriving from this act and
communicate to the National Regulatory Authority the necessary information on the
network or service offered to ensure compliance with the conditions attached to the license
individual.

Relevant market : market for a specific electronic communications service
open to the public.

Message : any communication in the form of speech, sound, data,
text, visual image, signal or code, or any other form or combination of
shapes.
MVNO (Mobile Virtual Network Operator) : operator of a virtual mobile network.
Operator: legal person operating an electronic communications network
open to the public or providing an electronic communications service to the public.

Powerful operator : operator considered to have
significant in the market if, individually or in conjunction with others, it
is in a position equivalent to a dominant position, i.e. it is
able to behave, to an appreciable extent, independently of
its competitors, its customers and, ultimately, consumers.
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When a company is powerful in a particular market, it can also be
considered powerful in a closely related market, when the links between
two markets are such that they allow the use on one of the two markets, by the effect of
leverage, the power held in the other market, which reinforces the power of
the company in the market.
Pay and / or Play: contribute and / or achieve universal access as a deduction from its
contribution.
National numbering plan: resource made up of the structured set of
numbers used in particular to identify fixed or mobile termination points
telephone networks and services, route calls and access
internal network resources. This plane corresponds to a segment of the
worldwide numbering (E.164 Rec. ITU-T). It sets the procedures and conditions for
reservation and allocation of dialing resources.

Number portability: possibility for a user to use the same number
subscription, regardless of the operator with which it is subscribed and even in
in the event that it changes operator.

Radiocommunication: any emission, transmission or reception of waves
radio for specific telecommunication purposes.
Broadcasting: any radiocommunication the broadcasts of which are intended to be
received by the public.

Radioelectricity: exploitation of radio frequency bands.

Radio network, installation or terminal equipment: network, installation
or terminal equipment using frequencies for the propagation of waves in
free space. Radio networks include, in particular, radio networks
using satellite capabilities.

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Network or service open to the public: any communications network or service
electronic equipment established or used for the provision to the public of
electronic communications.

Electronic communications network : network established or used for the supply
to the public of electronic communications services, communication services
online or electronic public communication services.

Independent network : telecommunications network reserved for private use or
sharing. In principle, it cannot be connected to a network open to the public.

It is at:
- private use, when it is reserved for the internal use of the natural person or
morality which establishes it without borrowing neither the public domain nor a property
third;
- shared use when reserved for the use of several natural persons
or legal entities made up of one or more closed user groups, in
to exchange internal communications within the same group.

Internal network : independent network entirely established on a property without
borrow neither the public domain including radio space, nor third party property.

Related resources : resources associated with the provision of unbundled access to
local loop, or to the interconnection, in particular the co-location, the cables of
connection and relevant computer systems necessary to enable a
recipient to provide services on a fair competitive basis.

Resale: the act of reselling electronic communications services or traffic
public (resale to the end user of minutes purchased by a supplier at prices
wholesale to another service provider.

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Carrier selection: mechanism that allows a user to choose between a
set of authorized public electronic communications network operators
or authorized electronic communications service providers, to
send some or all of its electronic communications, including
calls.

Information and communication services : services involving the use of
means of information and communication technologies, including
electronic communications services.

Electronic communications services: a service normally provided against
remuneration which consists entirely or mainly of the transmission or
the routing of signals or a combination of these functions over networks of
electronic communications, including network transmission services
used for broadcasting, but which excludes services consisting in providing
content using electronic communications networks and services or via
exercise editorial responsibility for these contents.

Telephony services: commercial exploitation of direct voice transfer in
real time to and from networks open to the public switched between
end users.
Value-added services : services which use as support, a network of
basic electronic communications for sending and exchanging information in
adding other functions to meet new needs in terms of
electronic communications. These electronic communications services provided
to the public also involve information processing. They can use the
public switched network or leased lines.

Internet services: set of multimedia services accessible through the network
Internet.

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Support service : simple information transport service whose purpose is to
transmit and / or route signals between endpoints in a network
of electronic communications, without subjecting these signals to other processing
that those necessary for their transmission, their routing and the control of these
functions.
Easements: obligations on private property for the benefit of the public domain
or private for a general interest purpose.

Frequency spectrum: set of radio waves for transmission
wireless information propagating in space, without an artificial guide and which can be
exploited.
Cross-subsidies: Mechanisms by which revenues from profitable segments
of an activity are used to offset any operating deficits of other
unprofitable activities.

Telecentre: premises in which the public can have access to
electronic communications.

User: any natural or legal person who uses or requests a
electronic communications open to the public.
End user : user who does not provide communications networks
public electronic communications or electronic communications services accessible to
public.
In the absence of a definition given to a term by this law, the definition of the Union
Telecommunications International, abbreviated ITU, or that given by the texts
communities of ECOWAS and UEMOA prevail.

SECTION 2: PURPOSE AND SCOPE
Article 2: Purpose.
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The purpose of this law is to determine the conditions and modalities of establishment and
operating networks and providing electronic communications services in
Republic of Niger.
In this context, it aims to:
- continue and consolidate the liberalization of the communications sector
electronic;
- create an environment favorable to dissemination and development
sustainable Information and Communication Technologies
(ICT);
- build an ICT sector that is efficient, stable and competitive in terms of
national and regional;
- increase existing services and offer new and new services
facilities;
- provide affordable and quality services;
- provide access to electronic communications by applying the principle
technological neutrality;
- develop and implement access policies and programs
universal suitable;
- attract investment in the sector;
- encourage innovations, development and use of new
technologies;
- guarantee an optimal use of scarce resources;
- promote information sharing and transparency for the promotion
good governance;
- promote the use of information and communication technologies
communication in education and administration;
- develop national and regional expertise in the development, implementation
in place and management of ICT;
- promote the development of local digital content;

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- develop innovation, competitiveness and employment by taking into account
territory planning ;
- contribute to the development of a single market of networks and services of
electronic communications in the community spaces of the
ECOWAS and UEMOA.

Article 3: Scope
This law governs all electronic communications activities that they
be exercised from or to the territory of the Republic of Niger.

The following are excluded from the scope of this law:
- the establishment and operation of networks or services of
State electronic communications reserved for security needs
and national defense as well as aviation security;
- the operation of radio and television broadcasting services intended for
broadcast over the air, by cable or by other means of
communication.
However,
- planning and management of frequency bands directly
allocated, in the two aforementioned cases are the responsibility of the
Regulation;
- when the infrastructure used by broadcasting and broadcasting services
television are also used to provide communications services
electronic, said infrastructures fall within the scope of
of this law.
CHAPTER II: INSTITUTIONAL PROVISIONS
SECTION 1:

MINISTRY
IN
CHARGE
ELECTRONIC COMMUNICATIONS

OF

Article 4: Mission
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The Ministry in charge of electronic communications defines and implements the
development policy for the electronic communications sector.
It involves all the actors concerned in the definition of the universal access policy.
The Ministry in charge of electronic communications ensures, in relation with
the Regulatory Authority, the preparation of legislative and regulatory texts.
On the proposal of the Ministry in charge of electronic communications and after
recommendation of the Regulatory Authority, licenses are
issued, reduced in duration, scope or withdrawn by decree taken in Council
of Ministers.
The Minister ensures the representation of the Republic of Niger to the
specialized international or regional intergovernmental organizations
in matters relating to electronic communications, in conjunction with
the Regulatory Authority, and promotes international, regional and sub-regional cooperation
regional.
It ensures, in coordination with the Regulatory Authority, the preparation and
negotiation of international communications conventions and agreements
electronic.
It implements, in conjunction with the Regulatory Authority, the agreements,
international conventions and treaties relating to electronic communications
to which the Republic of Niger is a party.
SECTION 2: THE REGULATORY AUTHORITY
Article 5: Regulation of the electronic communications sector.
The Regulatory Authority is an independent administrative authority.
It has the competence to regulate the electronic communications sector.
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The regulatory function of the electronic communications sector is
independent of the operation of the networks and the provision of
electronic communications.
Article 6: Missions of the Regulatory Authority
6.1 General missions
The Regulatory Authority ensures compliance with the provisions of this law and its
application texts under objective, transparent conditions and not
discriminatory.
The Regulatory Authority takes the necessary measures to ensure the
continuity of service and protect the interests of users.
The Regulatory Authority can be contacted by any natural or legal person
wishing to establish and operate a communications network or service
electronic devices open to the public and intended for the provision of a service not available at the
national plan. It then studies the advisability of this request, initiates, if necessary,
the process of granting a license, in the forms provided by this law, or
publishes a reasoned opinion in the event of refusal.
The Regulatory Authority issues the necessary rules to ensure the protection and
data security.
The Regulatory Authority ensures that the operators in place offer the service
of national roaming to operators who request it insofar as this
is technically possible. However, this national roaming must in no case
replace the hedging commitments entered into in connection with the licensing of
mobile services by inbound operators.
It publishes specific guidelines for setting the conditions
tariffs and techniques as well as considerations relating to the roaming contract
national in consultation with market players.

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The Regulatory Authority promotes international roaming.
The Regulatory Authority may impose fees in order to take into account the
need to ensure optimal use of scarce resources, particularly in the
framework for promoting the development of innovative services and competition.
Within the framework of universal access / service, the Regulatory Authority ensures that
requests for connection to an electronic communications network are
satisfied by at least one operator. The connection provided must be such as to
allow the user to establish national telephone calls
and international, sending and receiving voice messages, documents by
fax and / or data, at speeds sufficient to allow internet access.
The Regulatory Authority must coordinate, as much as possible, its actions with the
other Regulatory Authorities in order to simplify the procedures for businesses
establishment and / or operation of communications networks or services
electronic communication between ECOWAS member states.

6.2 Specific missions
6.2.1: Definition of rules
The Regulatory Authority defines:
- the rights and obligations relating to the establishment and operation of networks and
electronic communications services;
- the interconnection and access requirements applicable to the conditions
technical, and financial interconnection and implements the rules in the
field of interconnection and access;
- service quality and performance indicators and standards for the
provision of electronic communications services and control the
conformity ;
- the accounting requirements and pricing principles for
interconnection and pricing policy;
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- relevant markets every year;
- indicators measuring the development of universal access to services, in particular
relationship with the National Agency for the Information Society (ANSI);
- tariffs for electronic communications services not subject to competition
and guiding principles for pricing other services;
- the technical requirements applicable to communications networks
electronic devices and terminal equipment in order to guarantee their
interoperability, number portability and the proper use of frequencies and
phone numbers ;
- the numbering plan and the control of its management;
- planning and management of the frequency spectrum;
- homologation standards and publishes, in addition, a list of equipment
approved, including internationally approved equipment;
- dealing with all questions relating to the protection of the interests of
consumers including the establishment of an appropriate system for
receipt of consumer complaints and related inquiries regarding
electronic communications services;
- the development and, if necessary, the revision of the accounting requirements and the
pricing principles to be used by operators and suppliers of
services ;
- the establishment of transparent and non-discriminatory procedures for
dispute resolution.
6.2.2 Licenses, Authorizations, Declarations and Certificates
At the request of the Ministry in charge of electronic communications, the Authority
Regulation prepares and launches calls for competition for the allocation of licenses
individual.
The Regulatory Authority receives the offers, evaluates them, draws up a reasoned report
tender to the attention of the Minister responsible for electronic communications, for
attribution of the license granted by decree taken in the Council of Ministers.
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These minutes are made public and brought to the attention of all bidders.
before the issuance of the individual license.
The Regulatory Authority issues, modifies, suspends and withdraws general authorizations
as provided for under this law.
Operators or service providers whose license or authorization has been
suspended or revoked are not allowed to submit a new request. The
related decisions are communicated to the ECOWAS Commission.
The Regulatory Authority issues or has issued certificates of conformity of
terminal equipment as provided for under this law.
It prepares and updates, in conjunction with the Ministry in charge of Communications
electronic, the texts of the specifications relating to the licenses.
She receives and processes declarations.
6.2.3 Frequencies, Numbering, Domain Names and IP Addresses
The Regulatory Authority ensures the planning, management and control of the use
of the frequency spectrum and of the national frequency and numbering plans.
It attributes to operators and users under objective conditions,
transparent and non-discriminatory frequency and numbering resources
necessary for the exercise of their activity and ensures their proper use.
The Regulatory Authority manages the root domain names and IP addresses of Niger in
relationship with specialized structures.
However, the management of the ".gouv.ne" subdomain is the responsibility of the body in charge of
the implementation of the national electronic governance strategy.
A decree taken by the Council of Ministers fixes the organization of the management by the Authority of
Regulation of domain names and IP addresses in Niger.

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The Regulatory Authority allocates scarce resources, in particular
radio frequencies to which it is assigned and numbering resources
as well as the control of their conditions of use.

In terms of portability, the Regulatory Authority is carrying out a preliminary study of
market to assess consumer needs and, if necessary, implement the
portability.

The Regulatory Authority issues approvals for the installers of equipment for
electronic communications.

6.2.4 Interconnection and Access
The Regulatory Authority ensures compliance with the conditions for interconnection and access to
in particular through controls and approves technical and price offers
in accordance with articles 37 to 42 of this law.

6.2.5 Controls and Sanctions
The Regulatory Authority ensures that operators comply with the requirements resulting from
the legislative and regulatory provisions applicable to them as well as
commitments relating to licenses, authorizations and declarations from which they benefit and
pronounces against them the penalties corresponding to the breaches noted.
The Regulatory Authority gives notice to the operator (s) to comply with the
legislative and regulatory texts and the obligations applicable to them in a
time limit set by the sanction decision.

The power of control is exercised, either ex officio or at the request of the State,
professional organization, an association of consumers and users or
any other legal or natural person having an interest in acting.

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In the event of a breach of legal, regulatory, contractual or
those resulting from licenses and authorizations, the Regulatory Authority
remains the author (s) to comply with them within the time limits determined by law
sectoral. This formal notice is made public by any appropriate means.
Sanctions are pronounced after the person concerned has received notification of the grievances and
been able to consult the file and present written observations and
verbal.
The sanction is unique for the same grievance and is subject to the three-year prescription.
The fines are collected by the competent services of the Ministry in charge of
Finances in accordance with the recovery procedures in force for the benefit of the State and
paid to the Public Treasury. They are not part of the Authority's resources.
Regulation.
If the said operator (s) remedy (s) the deficiencies within the time limit set, the Authority
of Regulation must, after observation, give them notice.
If the said operator (s) do (s) not comply with the formal notice within the time limit
fixed, depending on the seriousness of the breach, the applicable penalties are
following :
- fines;
- total or partial suspension of the license or authorization;

- reduction in the duration and / or scope of the license or authorization;
- permanent withdrawal of the license or authorization.

In the event of non-compliance with the advertised retail prices, the sanction is pronounced by
the Regulatory Authority without formal notice, in accordance with the principle of
contradictory and without prejudice to the reimbursement of communication credits
fraudulently withheld from consumers.

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With the exception of the suspension and withdrawal of the license which are pronounced by decree
taken in the Council of Ministers, on the proposal of the Minister in charge of Communications
Electronic, after recommendation of the Regulatory Authority, the penalties
fine, reduction of the duration and / or scope of the license or authorization,
are pronounced by the Regulatory Authority.
The fine sanctioning the breaches of the operators is set according to the amounts listed below.
after:
- when the operator is subject to the licensing regime, the fine is included

between 1% and 3% of its turnover for the previous year;
- when the operator is subject to the authorization regime, the fine cannot be

greater than 1% of its turnover for the previous financial year.
In the event of a repeat offense, the fine is doubled without prejudice to other penalties.
provided for by this law.
Any delay in payment of the fine entails penalties of one million for the operator.
(1,000,000) francs per day late for license holders and five hundred
one thousand (500,000) francs per day of delay for authorization holders.
The fines are collected by the competent services of the Ministry in charge of
Finances in accordance with the recovery procedures in force, for the benefit of the State and
paid to the public treasury. They are not part of the Authority's resources.
Regulation.
A discount is granted to members of the National Council for the Regulation of
Electronic and Post Communications, to the General Manager and to the staff of
the Regulatory Authority as soon as the fine is collected by the competent services, on
presentation of a payment statement by the Regulatory Authority.
The terms of repayment and the rate of this rebate are determined by decree of
Minister in charge of Finance.

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The Regulatory Authority can carry out inspections of the installations, carry out
expertise, carry out surveys and studies, collect all the data necessary to
the exercise of its supervisory power.
To this end, operators are required to provide it at least annually, and at any time
at his request, the information and documents that allow him to ensure
compliance by said operators with legislative and regulatory texts as well as
obligations arising from licenses, authorizations or declarations made to them
issued.
Professional secrecy is not enforceable against the Regulatory Authority.
The President of the National Council for the Regulation of Electronic Communications and
the Post Office (CNRCEP) of the Regulatory Authority seizes the competent courts of
facts contrary to the applicable law of which he may be aware in the sector of
electronic communications.
6.2.6 Management of the Universal Service Access Fund
The Regulatory Authority contributes to the definition of the programs implemented by the
Government as part of its universal access / service policy.
The universal access / service fund must be used for the development of infrastructure and
applications of electronic communications enabling socio-economic development
economy of Niger.
The purpose of the Fund is in particular to compensate any company responsible for providing
universal service by financing the net cost of universal service, and taking into account
the possible commercial advantage induced by the provision of this service.
The regulatory authority is responsible for collecting contributions from operators who
feed the universal access / service fund.
The resources of the universal access / service fund are deposited in a bank account
open for this purpose.
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The management of the universal access / service fund is entrusted to ANSI, responsible for
implement the national strategy for universal access.

6.2.7 Dispute resolution
at. Notice
The Regulatory Authority issues opinions on all questions that fall within the scope of
its attributions and which are submitted to it by the Minister in charge of the sector.

The Regulatory Authority may be seized with a request for conciliation with a view to settling
a dispute arising between operators not falling under subparagraph b below. It then promotes a
compromise solution.
In the event of failure, it publishes a reasoned opinion.
b. Decisions
The Regulatory Authority can be seized of disputes concerning agreements
interconnection and access to electronic communications networks,
agreements excluding or restricting the provision of communications services
electronic, the possibilities and conditions of use shared between operators
existing installations located in the public domain or on private property, access
to private property.
Its decision is justified and specifies the equitable conditions of a technical and financial nature,
in which interconnection and access must be ensured.
The Regulatory Authority can also be contacted by any user in the event of a dispute.
relative:
- violation by an operator or service provider of
electronic communications of its specifications or any document
similar containing the conditions attached to its authorization or
declaration;

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- the legal merits of a clause of a standard subscription contract concluded
with consumers. In the event of a dispute between parties established in two
(2) Member States, the latter may opt for one or the other of the
National Regulatory Authorities concerned. In this case, said
Authorities are obliged to coordinate their efforts in order to resolve the dispute
in accordance with the community texts of UEMOA and ECOWAS.

It settles these disputes within two (2) months, after having put the parties to
even to present their observations.
The Regulatory Authority makes its decisions public and notifies them to the parties. The
decisions of the Regulatory Authority may be appealed against to the
Jurisdiction.
The parties may also appeal to the judicial bodies of the
ECOWAS and UEMOA or to any other competent legal body.

6.2.8 Advisory and Informative Powers
The Regulatory Authority is consulted by the Minister responsible for communications
electronic documents on any draft law, decree or decree relating to the
electronic communications.
The Regulatory Authority is associated with the preparation of the position of the Republic of
Niger in international negotiations on electronic communications.
As such, it participates in the work of international and regional organizations and
regional authorities in this field.
It makes all legislative and regulatory texts available to the public as well as
that the notices of calls for tenders, the specifications and any other useful document relating to
regulation of the electronic communications sector. It also publishes within the
Official Bulletin of the Regulatory Authority and includes on its "Internet" Site, the
opinions, recommendations, decisions, formal notices and minutes
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examination of licensing files as well as statistics concerning the
quality and availability of electronic communications services and networks.
The Ministry in charge of electronic communications and the Regulatory Authority
communicate to the ECOWAS Commission and the UEMOA Commission, for
observations, any decision likely to have an impact on the exchanges between
Member States and concerning interconnection and access to operators' resources.
These measures are implemented if within one month no objection has been made.
by the ECOWAS Commission and the UEMOA Commission.
The Regulatory Authority authorizes and regulates the registration, administration and
domain name management. It sets up a structured mechanism for their
management.

CHAPTER III: PRINCIPLES ON COMPETITION
Article 7: Competition and freedom of activity
The Information and Communication Technologies market is fully
open to competition.
No barriers to entry to this market may be imposed by limiting the number
operators or service providers only to the extent necessary to ensure
efficient use of the radio frequency spectrum or over time
necessary to allow the allocation of numbers in sufficient numbers.
No license may also be awarded that includes an exclusivity clause and
special rights unless justified by law, lack of resources or other
relevant reasons.
Operators exercise their activities freely, in compliance with applicable law
in particular of this law and its implementing texts, of the conditions specific to
licenses and authorizations provided for in Chapter IV below as well as in compliance with
principle of technological neutrality.
Article 8: Transparency of procedures for the allocation and use of resources
limited
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All procedures concerning the allocation and use of scarce resources, including
including frequencies, numbers, domain names and IP addresses are set
implemented in an objective, transparent and non-discriminatory manner.
Article 9: Universal access / service
Universal access / service obligations are defined and followed by
a transparent, non-discriminatory and competitively neutral manner.
Article 10: Interconnection and access
In order to guarantee effective and fair competition between operators for the benefit of
users, the Regulatory Authority ensures compliance with the interconnection rules
in accordance with Articles 37 et seq. of this law.
Article 11: Restrictive practices
All practices which have as their object or which may have the effect of preventing,
restrict or distort competition in the communications market
electronic devices are prohibited.
This prohibition specifically targets practices which tend to:
- limit access to the market or the free exercise of competition by others

companies;
- obstruct the fixing of prices through the free play of the market by promoting

artificially increasing or decreasing them through dumping or
anti-competitive cross-subsidies. Cross-subsidies are
considered anti-competitive when they consist of subsidizing
services open to competition, thanks to financial resources from
exclusive service;
- limit or control production, investments or technical progress;
- share markets and sources of supply;
- refuse to make available to other operators, in a timely manner,

technical information on essential facilities and information
commercially relevant, necessary for the exercise of their activity;
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- use information obtained from competitors for anti-

competitive.
Cross-subsidies are also prohibited practices.
competitive processes by which a company directly or indirectly benefits
one of its activities from profits made by another of its activities.
Article 12: Abuse of a dominant position
The Regulatory Authority consults players in the communications market
on the relevance of the markets in order to measure the dominance on each
identified market.
The dominant position of an operator is determined according to the influence
significant that it operates in one or more relevant communications markets
electronic.
Any operator who has a market share greater than or equal to 50% is considered
as the dominant operator. Any operator who
holds a market share between 25% and 30% of such a market. It can be taken into account
its control of the means of access to the end user, of its access to resources
financial resources and experience in providing products and services of
electronic communications.
For the purpose of identifying significant influence in relevant markets,
the Regulatory Authority, following a three (3) year study cycle:
- collects information on each identified market to measure the
dominance;
- consults the players in the electronic communications market concerned on
the relevance of markets;
- defines the criteria for measuring dominance;
- carries out consultations with players in the communications market
electronics concerned, on the obligations to be imposed on operators with
significant power for each relevant market.
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Each year, the Regulatory Authority establishes the list of operators considered to be
exercising a significant influence on these markets.
The Regulatory Authority analyzes the markets in order to determine their
effectively competitive or not.

If the analysis concludes that the market is indeed competitive, it
removes any obligations that applied until then.

Otherwise, the Regulatory Authority identifies the powerful operator (s) who
are in a situation equivalent to a dominant position within the meaning of
competition and imposes specific regulatory obligations on these companies.
The abusive use by a company or a group of companies is prohibited:
- a dominant position on the internal market or a substantial part of
this one ;
- the state of dependence in which a client or a
supplier who does not have substitute solutions.
These abuses may consist in particular of an unjustified or discriminatory refusal of access
to electronic communications networks or services open to the public or of
provision of electronic communications services as well as in breaks
unjustified or discriminatory established business relationships.

Article 13: Control of anti-competitive practices
To ensure compliance with competition rules, the Regulatory Authority
refers abuses of a dominant position and abuses of a dominant position to the competent courts or structures
practices hampering the free exercise of competition, in the
electronic communications, of which it may be aware.

Any agreement, commitment or contractual clause relating to a
anti-competitive practice is deemed null.

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CHAPTER IV: NETWORKS AND SERVICES REGIMES
ELECTRONIC COMMUNICATIONS
SECTION 1: GENERAL PRINCIPLES
Article 14: Categories of plans
Electronic communications networks and services are subject to one of the regimes
following:
a) individual license;
b) general authorization;
c) free entry which may in certain cases be subject to declaration, notification or
registration with the Regulatory Authority.
Article 15: Principles common to all schemes
Operators are required to comply with the following Principles and conditions:
a) fair competition and non-discrimination;
b) confidentiality and neutrality of the service with regard to the message transmitted;
c) prescriptions required by national defense and public security as well as
prerogatives of the judicial authorities;
d) international conventions and treaties ratified by the Republic of Niger;
e) essential requirements and non-disruption of other networks and services.
Licensed operators are, among other things, subject to the obligations
following:
a) contribution to universal access to services;
b) provision of the information necessary for the development of a universal directory
subscribers;
c) free routing of emergency calls;
d) contribution to research, training and standardization in
electronic communications;
e) establishment of cost accounting;
f) deployment of infrastructure;
g) prior information to the Regulatory Authority before the supply of
services and;
h) taking into account the needs of people with disabilities.
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SECTION 2: INDIVIDUAL LICENSE REGIME
Article 16: Networks or services open to the public
An individual license is required for:
- establishment and operation of an electronic communications network
open to the public including those requiring the use of scarce resources;
- the provision of telephony services to the public;
- the establishment and / or operation of a network for the provision of capacities
national or international transmission;
- when the State determines that for reasons of public interest, concerning
in particular the protection of the privacy of users, public order,
public health and safety, the service must be provided under conditions
particular;
- the establishment and operation of passive and / or related infrastructure
electronic communications.

Article 17: Terms and conditions for granting licenses
Individual licenses are granted on the basis of a public call for competition
accompanied by specifications.
At the request of the Minister responsible for electronic communications, the procedure for
the public call for competition is carried out by the Regulatory Authority . She understands
at least the following steps:
- launch of a call for tenders;
- receipt of tenders;
- examination and evaluation of offers;
- award of the license.

Article 18: Specifications
Each type of specification must indicate, in particular:
a) the general economy of the license:
- the subject of the license;
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- the period of validity of the license and its conditions of assignment, transfer and
renewal;
- compliance by the operator with the international commitments of the Republic of
Niger;
- the nature of the license and the operator's capital stability obligations;
- minimum technical and professional qualifications as well as
financial guarantees required from the operator.
b) the conditions for establishing the network or service, including in particular:
- the nature, characteristics and coverage area of ​the network or
service as well as the timetable for its deployment;
- the minimum standards and specifications of the network or service, if
if applicable, the assigned frequencies and numbering blocks assigned as such
that the conditions of access to the high points forming part of the domain
public;
- the interconnection conditions.

c) the conditions of supply of the service in particular:
- the minimum conditions of continuity, quality and availability;
- respect for the secrecy of information;
- service neutrality;
- the method of routing emergency calls;
- the conditions of commercial operation of the service necessary to guarantee
fair competition and equal treatment of users, including
the principles for setting tariffs and the method of participation in the directory
general subscribers.
d) contributions to general State missions:
- the terms of contribution to the missions and costs of universal access;
- the specific requirements required for national defense and security
public;
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- contribution to research and training;

- the amount and terms of payment of periodic contributions.

e) the financial contribution and fees including:
- the amount and terms of payment of the license price;
- fees relating to the assignment of frequencies and to the operation
radio installations.
f) control and sanctions:
- the obligations imposed on the operator to enable the Authority to
Regulation to control the execution of the specifications;
- sanctions in the event of non-compliance with the terms of the specifications.

Each specification is applied in a strictly identical manner to all
licensed operators belonging to the same category. Equality among all
operators is assured.
Article 19: Award of the license
Is declared provisional successful tenderer by the Regulatory Authority, the candidate whose offer
is judged to be the best in relation to all the specifications of the specifications and
selection criteria.
Article 20: Transparency of licensing procedures
A comprehensive report on the tendering procedure is submitted to the Minister responsible for
Electronic communications. This report is made public by the Regulatory Authority.
Licenses are granted by decree taken by the Council of Ministers.

SECTION 3: GENERAL AUTHORIZATION REGIME

Article 21: Networks and Services subject to general authorization
The following are subject to a general authorization issued by the Regulatory Authority:
- the establishment and operation of independent networks using the
public domain ;
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- the provision of electronic communications services to the public,
with the exception of those subject to individual license or declaration.

Article 22: Terms and conditions for granting authorizations
The terms and conditions for granting authorizations are defined by the French
Regulation ensuring compliance with essential requirements and network compliance
to international standards.
The Regulatory Authority issues the authorization to any natural or legal person who
requests it on the scheduled days and meets the required conditions.
Operators applying for authorization are required to inform the Authority
national regulation before providing the planned service, out of necessity to comply with
all operating conditions. In this case, they may be asked to wait
for a reasonable and determined period of time before starting to provide the services
to which the authorization applies.
Applicants whose authorization or license has been suspended or revoked are not
authorized to submit an authorization request.
The information requested for the general authorization regime is as follows:
a) legal and financial information;
b) technical information or entities are required to inform the authorities
competent authorities of the Member States of the services which they intend to
work and provide all information proving their ability to fulfill the
terms and conditions applicable to the activity for which the authorization is
granted, namely:
- a detailed description of the service offered;
- a technical project indicating which equipment will be used including a
proof of approval of equipment suitable for use in providing the service;
- an indication of the entity and a description of the dependencies offered on
the infrastructure of the networks of other operators for the service offered.

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The National Regulatory Authority reserves the right to request a supplement
of information.
The authorization or the reasoned refusal is notified, in writing, within a maximum of two
(2) months from the date of filing of the request. Lack of response within the time limit
granted implies acceptance.
The authorization holder is required to inform the Regulatory Authority before the
provision of services.

SECTION 4: FREE ENTRY REGIME

Article 23: free services subject to declaration
Value-added services, resale and provision of internet service are subject to
a declaration of intent.
The declaration of intent includes the following minimum information:
- the procedures for opening the service;
- geographic coverage;
- the conditions of access;
- the nature of the services, object of the service.

The Regulatory Authority will specify, if necessary, the additional information
required.
A copy of the aforementioned declaration is sent by the Regulatory Authority to the
Minister responsible for electronic communications.

The commercial exploitation of these services can be ensured by any natural person
or legal entity after having filed a declaration with the Regulatory Authority
of intention to open the service.

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Value-added services must use, in the form of rental, the capacities of
connection of one or more electronic communications networks open to the public
existing unless the provider of these services is itself the holder of a
license and wishes to use exclusively the connection capacities of the network, subject of the said
Licence.

The list of value-added services is set by order of the Minister responsible for
electronic communications.
In the event of a transfer or assignment, the new operator is required to inform the Autorité de
Regulation within thirty (30) days from the date of transfer or
assignment.
Article 24: Prohibition of service
The Regulatory Authority has a period of two (2) months from the date of filing
attested by an acknowledgment of receipt of the declaration, to make it known that it opposes
to the operation of the service referred to in the above article, if it appears, in view of said
declaration that the service concerned is endangering public safety or order or is
contrary to morality and good customs.

Article 25: Free networks and services

Can be established and / or operated freely:
- internal networks subject to the conformity of their equipment;
- radio installations exclusively made up of devices with low

power and low range, the categories of which are determined by the Authority
of Regulation.
SECTION 5: MODIFICATION - ASSIGNMENTS AND TRANSFERS SUSPENSION - WITHDRAWAL
Article 26: Modification of information, conditions attached to licenses and
permissions.

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The holder of a general authorization must bring to the attention of the Authority
Regulation any change to the information set out in the request
authorization
The Regulatory Authority may, by reasoned decision, invite the holder of said
authorization to renew the authorization request if the changes made
substantially modify the conditions under which the authorization had
initially assigned.

The conditions attached to individual licenses which are fixed at the time of their
issue may be modified by decree taken in the Council of Ministers on
proposal of the Minister responsible for electronic communications and after
recommendation of the Regulatory Authority in objectively justified cases.
If necessary, the operator holding the license is duly informed within the deadlines.
reasonable and notification of this intention is made to the ECOWAS Commission and
that of UEMOA.
The Regulatory Authority may modify the conditions attached to an authorization
general in objectively justified cases. If it becomes necessary to modify these
conditions, the Authority must notify the authorization holder within a
reasonable, any modifications before their implementation. She is also
required to notify its intention to the ECOWAS Commission and the UEMOA Commission.
Article 27: Assignment and transfer.
The licenses and authorizations issued as well as the declarations made in application
of this law are personal. They can only be assigned or transferred within
the conditions provided for by this law and its implementing texts.

Licenses may only be assigned or transferred by decree taken by the Council of
Ministers on the proposal of the Minister in charge of Electronic Communications and after
recommendation of the Regulatory Authority.

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Any proposed transfer of a license by the holder must be notified.
prior to the Regulatory Authority, at least two (2) months before the planned date of its
production. The notification letter must be accompanied by all useful information
on the future assignee, in particular those relating to his professional capacities,
technical and financial to meet the obligations listed in the specifications. At
case where the Regulatory Authority approves the project, the transferee is required to pay
transfer rights to the State of Niger.
Any transaction having as its object or effect the sale of shares or voting rights
held in the capital of an operator licensed in Niger and leading to
ensuring majority control of the capital of said operator is equivalent to transfer of license.
This transaction must be the subject of a prior notification to the Regulatory Authority,
at least two (2) months before the planned date of its realization. In this case, the
assignee is required to pay the Niger State license transfer rights
held by the holder, subject of the transaction.
In the event of disagreement or non-payment of license transfer rights, the Authority
Regulation, after finding and formal notice remained ineffective, proposes to the
Minister responsible for electronic communications the withdrawal of the license, subject to
assignment or transfer.
In the event of assignment or transfer of an authorization or a declaration, the parties are
required to inform the Regulatory Authority at least one (1) month before the conclusion of
said assignment or transfer. The Regulatory Authority may by reasoned decision invite the
beneficiary of the assignment or transfer to submit a request for a new
authorization or declaration.
Any assignment or transfer implies continued compliance with all obligations
related to the license, authorization or declaration.
The refusal to assign or transfer a license or an authorization must be justified. He
does not open the right to any compensation.
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Failure to comply with the procedures provided for in this article shall be penalized in accordance with
the provisions of article 61 of this law.
Article 28: Suspension - Withdrawal
A license or authorization may only be suspended or withdrawn in the event of
serious breach of the requirements and obligations relating thereto and after formal notice.
The suspension or withdrawal is justified and notified in writing to the holder at least six (6) months
for the license and four (4) months for the authorization before its effective date.
In the event of suspension, withdrawal of the license or authorization, communication is made
to the holder and to the ECOWAS Commission and that of UEMOA on the reasons for the
decision.
Decisions relating thereto are subject to appeal before the courts.
competent.
CHAPTER V: COMMON PROVISIONS
SECTION 1: USE OF THE FREQUENCY SPECTRUM
Article 29: Ownership of the frequency spectrum
The frequency spectrum is part of the public domain of the State.
Article 30: Frequency spectrum management
The Regulatory Authority is responsible on behalf of the State with planning,
management and control of the frequency spectrum. As such, the Regulatory Authority manages
the assignment of frequencies relating to electronic communications and
broadcasting.
It establishes, in compliance with international treaties, a national plan for the allocation of
frequencies.
It establishes and updates the national frequency distribution table and all
documents relating to the use of frequencies.
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In order to ensure optimal use of the frequency spectrum to achieve the highest
better overall electromagnetic compatibility, the implantation operations
transfer or modification of radio stations are carried out only after
agreement of the Regulatory Authority.
The Regulatory Authority ensures compliance with the conditions of use of frequencies
assigned under licenses and authorizations.

The inventory of allocated frequency bands is published periodically by the Authority
of Regulation, apart from the frequency bands allocated for use
specific state matters. Information relating to frequencies already assigned
to operators and those available are made available to the public.
In order to provide more flexibility and promote the development
economic, a system of generic licenses for the use of frequencies in certain
frequency bands can be adopted.

Article 31: Assignment of frequencies
The Regulatory Authority assigns frequencies, in a non
discriminatory in accordance with the national frequency allocation plan within the framework
a transparent and objective procedure.
In the event that several candidates request the right to use the same frequencies,
said frequencies are assigned, where appropriate , to the highest bidder in accordance with a
transparent, objective and non-discriminatory procedure.
Operators offering similar services must have equitable access by
terms of quality and quantity at the assigned frequencies. An entire strip of
frequencies cannot, under any circumstances, be allocated to a single operator.
The assignment of frequencies is subject to the payment of a royalty in accordance with
applicable regulations.
Article 32: Content of frequency assignments.
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The Regulatory Authority determines the conditions of use of the frequencies it
assigns and, in particular the following:
- the characteristics of the signals transmitted and the broadcasting equipment used, the
place of emission, the upper limit of the effective radiated power;
- protection against possible interference with the use of other techniques of
electronic communications ;
- the conditions in terms of essential requirements, of saving human life,
public safety and aeronautics.
The assignment of one or more frequencies intended for broadcasting services
and television is performed on presentation of the agreement or authorization
exercise issued by the competent authority and for the same duration.
Frequencies assigned to electronic communications networks or services
under the license or authorization regime are granted at the same time as
license or authorization, for the same duration and are transferable within the same
conditions as the license or authorization.
A decree taken by the Council of Ministers determines the conditions for organizing the
radio spectrum.

SECTION 2: APPROVAL OF EQUIPMENT
Article 33: Conditions for placing equipment on the market
Equipment intended to be connected to a communications network
electronic equipment open to the public and radio equipment must be subject to
an assessment of their compliance with the essential requirements by the French
Regulation.
Equipment that meets the requirements is approved by the French
Regulation. Approval is evidenced by a certificate drawn up by the Authority
Regulation.

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The conformity assessment is subject to the payment of a fee to the Authority
Regulation.

The amount and the methods of calculation of this right are fixed by order of the Minister in charge
electronic communications.

An order of the Minister responsible for electronic communications fixes the content and
conditions for issuing the approval certificate for radio equipment
intended to be connected to an electronic communications network open to
public.
Anyone who exhibits electronic communications equipment open to the
public that do not meet the conditions required for their placing on the market must
clearly indicate that the said equipment does not comply with the requirements and
that they cannot be put on the market. If the equipment is used for the purpose of
demonstration, the owner of this equipment must obtain the prior approval of
the Regulatory Authority.

If it is planned to connect this equipment to a communications network
electronic equipment, the owner of this equipment must obtain, in addition to the
the Regulatory Authority, that of the operator of said network.

The Regulatory Authority monitors compliance with the approval standards for
equipment intended to be connected to a network open to the public and equipment
radio equipment intended to be installed or already installed or put into operation.
To this end, the Regulatory Authority carries out unannounced checks or checks
by survey and may seek the assistance of any national or international entity.
The Regulatory Authority is empowered, within the framework of controls, to require:
- the person responsible for placing the equipment on the market
aforementioned, the documents and information helping to prove the
conformity of this equipment;

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- the free delivery of the equipment necessary to carry out
tests by a laboratory or an approved body.
It can order tests:
- if the approval certificate from the country of origin or any other document
in lieu does not match the equipment;
- if it is not clear from the documents presented that the equipment is
complies with the essential requirements;
- if there are reasons to assume that the equipment is not compliant
to the essential requirements.
The cost of the tests is borne by the person responsible for the distribution or
placing equipment on the market:
- if this person could not provide all or part of the documents and

information requested within the time limit set by the Regulatory Authority;
- if the tests show that the equipment does not meet the requirements

essential.
Before ordering the tests, the Regulatory Authority hears the person responsible for
the distribution or marketing of equipment.
Article 34: Installer approval .
Natural or legal persons wishing to carry out the activities of installers
electronic communications equipment are required to obtain approval
installer.
The installer approval is issued by the Regulatory Authority for a period of two
years renewable.
The issue of the installer approval is subject to the payment of a fixed fee
by order of the Minister responsible for electronic communications.

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Installers of electronic communications equipment face penalties
provided for by this law in the event of non-approval of the
electronic communications or radio equipment installed.
Persons exercising the activity of installer of communications equipment
without installation approval, incur the penalties provided for by the
this law.

SECTION 3: PRICING
Article 35: Pricing principles
The prices are set freely by the operators and service providers in the
respect for the principles of transparency, objectivity and non-discrimination and are
applicable throughout the national territory, with the exception of cases of additional costs
duly justified.
The Regulatory Authority can decide to regulate the tariffs.

The supervision is subject to a reasoned decision by the Regulatory Authority, taken at the
following an investigation into the competitive position of the service (s) concerned
(s) and the relevant cost price assessment.
This decision is notified to the operator or service provider concerned. She is
enforceable within a maximum period of two (2) months from its notification.
Operators and service providers are required to inform the public of tariffs and
of the general conditions of offer of their services.
They communicate this information to the Regulatory Authority one month before submitting it.
to the knowledge of the public.
The tariffs applied by powerful operators and service providers must be
cost-oriented.
The service provided by operators and service providers is open to all those
who request it in accordance with the general offer conditions and as long as the
quality defined in its specifications is not altered.
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Operators and service providers set up measurement systems
guaranteeing the effective application of the published tariffs. The Regulatory Authority controls
periodically the effective application of this principle and sanctions the breaches
observed.
Contracts concluded between operators and service providers and users
must specify the conditions of supply of the service, its technical characteristics,
as well as the recourse of users in the event of damage suffered. Contracts must be
entirely written in French, in characters of the same size and easily
readable and understandable. They must specify:
- the different types of services offered, with regard to telephony
national and international, which are considered separate services;
- the general conditions of the offer, in particular the delivery times and the
technical characteristics of the service and types of maintenance services
offered;
- the breakdown of the prices of the services provided, specifying in particular the
fixed rates and variable rates;
- the conditions for interrupting the service in the event of an unpaid invoice;
- the recourse and compensation procedures available to the user in the event of
sustained prejudice ;
- the compensation provided for in the event of failure to meet quality requirements
provided for in the specifications;
- at the end of the contract, the deposits or fixed deposits required by the operators
are returned, discounted to their values ​on the date of reimbursement.
The Regulatory Authority has the power to demand the modification of unfair clauses
service contracts.
In the event of a dispute with an operator or a service provider, relating in particular to
on the interruption of service, a billing problem, non-compliance with deadlines
troubleshooting, the user must first contact the customer service of the operator or
service provider. He can be advised in his procedures by an association
consumers or by a lawyer.
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The user can apply, by way of request, to the Regulatory Authority in the event of
unsuccessful approach.
Referral to the Regulatory Authority does not prevent the interruption of the supply of
service subject to dispute. The consumer continues to benefit from other services not
litigation to which he subscribed in his contract.
Consumer associations are empowered to take legal action either to assist a
consumer, or to request, in their own name, the deletion of clauses
abuses of a contract or compensation for damage.

The information obtained by means of equipment approved by the French
Regulation that are used by the consumer for the control and verification of his
communications can serve as evidence.
When consumers are asked to call a mentioned phone number
in advertising messages, the author of the message is required to indicate following the
number the rate applied to this call.
A decree taken by the Council of Ministers determines the conditions of establishment and
control of tariffs for electronic communications services.
Article 36: Communication of prices
Operators are required to make publicly available and communicate to
the Regulatory Authority, their prices.

SECTION 4: INTERCONNECTION AND ACCESS
Article 37: General conditions of interconnection and access
A decree taken by the Council of Ministers determines the general conditions
interconnection and access, in particular those related to essential requirements and
pricing principles to which interconnection and access agreements must
satisfied.
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The Regulatory Authority ensures that operators comply with the provisions
applicable in terms of interconnection and access.
The Regulatory Authority also ensures that powerful operators make public
their reference interconnection and access offers and their specific agreements
interconnection and access.

Article 38: Interconnection and access catalog
The operators of networks, or services open to the public are required to publish, in the
conditions determined by their specifications an interconnection catalog and
access which contains a technical and tariff offer for interconnection and access.
The content to be included in the interconnection and access catalog is set by decree issued
in the Council of Ministers.
This interconnection and access catalog is approved by the Regulatory Authority before
its publication.

Article 39: Interconnection and access requests.
The operators of networks or services open to the public are entitled, under conditions
objective, transparent and non-discriminatory, to interconnection requests and
written access from other operators. The response is formulated in writing within a
maximum of one (1) month from the date of filing of the interconnection request.
The request for interconnection and access cannot be refused if it is reasonable in the light of the
considering on the one hand the needs of the applicant, on the other hand the capacity of the operator to
satisfied. The refusal of interconnection and access is justified. It is formulated in writing and must
intervene within a maximum period of one (1) month from the date of the request
interconnection and access.

Article 40: Interconnection and access agreement

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Interconnection is subject to a private law agreement between the two (2) parties
concerned. This agreement determines, in accordance with the provisions of this
law and the texts adopted for its application, the technical and financial conditions of
interconnection and access in accordance with the technical and tariff offer published in
their interconnection and access catalog. It is communicated to the Authority
Regulation.
Article 41: Modification of interconnection and access agreements
When this is essential to guarantee respect for the fairness of competition or
interoperability of services, the Regulatory Authority, upon referral from any person
having an interest in acting, can request the modification of the agreements
interconnection already concluded.

Article 42: Disputes relating to refusals of interconnection and access
Disputes relating to refusals of interconnection and access, to agreements
interconnection and access are brought before the Regulatory Authority.

SECTION 5: DIRECTORY AND EMERGENCY SERVICES
Article 43: The directory
An information service is made available to the public by each operator.
The Regulatory Authority is launching a call for tenders for the edition, in a form
appropriate, a universal directory of subscribers to the services of all
operators.
Subject to compliance with legislative and regulatory texts on protection
personal data, the information service and the universal directory
of subscribers provide access to names or company names, telephone numbers
fax and to the addresses of all subscribers to networks and services open to the public
as well as the mention of their profession for those who wish.
Article 44: Emergency services.
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Operators must provide users with emergency numbers at
destination of public bodies responsible for safeguarding human lives,
police and firefighting interventions as well as information numbers
and assistance.

Free emergency call routing is mandatory for all service providers.
telephone services open to the public.

SECTION 6:

NUMBERING, DOMAIN NAME AND
IP ADDRESSES

Article 45: Establishment and management of the numbering plan
Numbering resources are scarce resources that are part of the domain
state public.
The Regulatory Authority is responsible for the allocation of numbering resources in
respect for the principles of equal treatment and fair competition.
The Regulatory Authority is responsible for establishing and managing the national plan
numbering. This plan must be sustainable and balanced. It must be scalable and must provide
sufficient reserve to meet any unforeseen need.
The Regulatory Authority may, if it deems it necessary, modify the national
numbering in force. It plans these changes in relation to the operators or
the relevant service providers.

The numbers and number blocks reserved in the numbering plan for all
Publicly available electronic communications services are published. For the
national security needs, numbering resources for security services
police and defense are not published.

Article 46: Conditions of use.
The numbering plan must in particular take into account the needs of short numbers
and specials for emergency services, intelligence services,
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operators and service providers, including those of value-added services,
user support services, and ensure that prefixes and numbers or blocks
numbers are allocated under objective, transparent conditions and not
discriminatory.
Numbering resources can only be transferred to a third party with
the agreement of the Regulatory Authority. In the event of bankruptcy, liquidation or abandonment of
operator or service provider activity, dialing resources
are retroceded by operation of law to the Regulatory Authority.

When the applicant cedes the operation of its Communications service
for which the numbering capacity is allocated, this capacity of
numbering is assigned to the assignee provided that he is authorized to
operate the service and that a declaration to this effect has been submitted beforehand
with the Regulatory Authority.

Any decision of the Regulatory Authority concerning the reservation, allocation and
withdrawal of the numbering resource is justified and made public.

The refusal of a reservation does not give the right to a refund of the administration fees.
Number assignment should be technologically neutral, non-discriminatory and
compatible with number portability.

The terms and conditions for reserving, allocating and withdrawing resources from
numbering for operators and service providers are set by decree taken in
Council of Ministers.

The holder of a numbering resource can entrust the assignment to another operator.
from this resource to the end customer (s). We then distinguish the operator "attribute"
to which the resource is assigned, from the "custodian" operator who assigns the resource to
end customers.

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It is not possible to make a numbering resource available to a third-party operator
only under the following conditions:
- the “depositary” operator has declared to the Regulatory Authority,
the activity necessary for the exploitation of the resource concerned;
- the "beneficiary" operator notifies the Regulatory Authority by mail
recommended with acknowledgment of receipt the resource (s) which is / are
(s) available to the depositary operator as well as a description of the service which
will be provided through that resource (s).

This notification must be made prior to the provision agreement.
between the beneficiary operator and the depositary operator.
In the case of a resource allocated by block, the provision may relate to the
all or part of the resource.
Compliance with all the obligations associated with the allocation of a resource is
responsibility of the beneficiary operator.
The operators concerned by the provision must guarantee the right to portability
for end users.

Operators and service providers are required to enter in the tables of
routing of their networks all the numbers or blocks of numbers assigned by the Authority
of Electronic Communications Regulation, under conditions not
discriminatory and within a period specified by it.

Operators and service providers are required to deactivate in the tables of
routing of their networks all numbers or blocks of numbers withdrawn by the Authority
Regulation, under non-discriminatory conditions and within a period specified by
this one.
The use or provision of a numbering resource not assigned by
the Regulatory Authority is prohibited.
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The allocation or reservation of a numbering resource gives rise to payment
a numbering resource use fee, the amount of which and the
terms of payment are determined by decree issued by the Council of Ministers.

Article 47: Ownership of prefixes, numbers and numbering blocks
Numbers and number blocks may not become the property of applicants or
end users. They cannot be protected by an industrial property right or
intellectual. They are allocated after reservation by the Regulatory Authority, for a
limited duration that corresponds to the duration of operation of the service or application.
Article 48: Portability
The Regulatory Authority conducts market studies to assess the needs of
consumers in terms of portability in order to identify the categories of
consumers likely to request this service.
In case of clearly identified need, to allow the consumer to keep his
telephone number when changing operator, the Regulatory Authority organizes a
prior consultation with market players and take a decision specifying the
provisions which apply to the actors concerned by the implementation of portability.

Article 49: Domain name and IP addresses
The national Internet domain name ".ne" and the IP addresses constitute resources
public.

The orientations and management principles of the ".ne" domain are defined by decree issued.
in the Council of Ministers, on the proposal of the Minister responsible for communications
electronic. Their implementation is ensured by the Regulatory Authority. Management
technique is the responsibility of ANSI.
SECTION 7:

RIGHTS OF PROPERTY, OF PASSAGEOBSTACLE REMOVAL

Article 50: Right of way - Easements
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Installation of electronic communications infrastructure and equipment
must be carried out in compliance with the rules of town planning, defense and security,
the environment, the aesthetic quality of the premises and in the least
damaging to private property and the public domain.
In order to ensure the transmission and reception of radio signals as well as the
construction and efficient operation of networks in the general interest, it
administrative easements or user rights may be instituted for the benefit of
operators.
When easements lead to the destruction or modification of a building, it is
proceeded, in the absence of an amicable agreement, to the expropriation of this building for reasons of utility
public in accordance with the relevant regulations. In case of resale of
the building, the former owners benefit from a right of first refusal.
The buyers of a building that has undergone modifications due to easements are
required to respect the modifications made and the easements encumbering the building.
Article 51: Removal of obstacles
In the general interest and if the situation warrants it, it can be requested from any owner
or user of an electrical installation, even located outside the easement areas,
producing or propagating disturbances interfering with the operation of a reception center
public or private radio station, to comply with the provisions prescribed to it,
in order to put an end to the disorder.
In this case, he must in particular lend himself to the requested investigations, carry out the
indicated modifications and maintain the installations in good working order.
When an installation or other disrupts Electronic Communications, the Authority
regulation may force the operator in question to modify it at its own expense
or to suspend its operation.
To determine the origin of disruptions to electronic communications, the Autorité
of Regulation has access to all the installations.
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The easements and rights of use give rise to the right to compensation if damage results
equipment. The compensation is fixed by mutual agreement, failing this by recourse to the courts of
common right.
All actual costs incurred by the owner of the goods subject to user fees or charges.
easement are the responsibility of the beneficiary operators or service providers.
The claim for compensation must, on pain of foreclosure, reach the beneficiary of the
easements within two (2) years, from the notification to the interested parties of the
subjugations of which they are the object.
Subject to the authorization of the competent public administration, operators
have access to any public road or any other public place for construction,
the operation or maintenance of their electronic communications infrastructure, and
can carry out work, in particular digging, and remain there for the duration
necessary for these purposes.
They must, however, in all cases, take care to avoid any undue hindrance to the
enjoyment of the premises by the public.
They must also restore to good condition public works damaged during
the execution of the work within a maximum period of one month. Otherwise, they are liable to
sanction provided for by the texts in force.
The owner of a building open to the public can authorize the operators and
service providers to install and operate public lines and cabins in
to the extent that they do not interfere with general use.
The installation and operation of these services will be by mutual agreement.
Operators and service providers take into account the allocation of
the building used and cover the costs of restoration.
Public lines and cabins are the property of the operator or service provider
who built them or acquired them from a third party.
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The owner of a building is held responsible for damage caused to
public lines and cabins located on their own land, by their own doing, by others or
negligently.
Operators and service providers are required to relocate their lines and
public booths when the owner of the building wants to make another use of it
incompatible with the presence of lines and cabins.
The Regulatory Authority defines, in the event of disagreement between the parties, the conditions and
the terms and conditions applicable to the movement of public lines and cabins.

SECTION 8: CONFIDENTIALITY
Article 52: Scope of the obligation of confidentiality.
The operators must guarantee the confidentiality of the transmissions of
electronic communications that they ensure, as well as the secrecy of information
they hold on the location of users without prejudice to the powers
investigation of Justice, Police and Regulatory Authority. The violation
of this provision is sanctioned by the penalties provided for in Chapter VI below.
SECTION 9: UNIVERSAL ACCESS / SERVICE TO SERVICES

Article 53: Guidelines.
The orientations and priorities in terms of universal access / service to services are
determined by decree taken in the Council of Ministers on the proposal of the Minister in charge
electronic communications in relation to ANSI. They define in particular:
- the services concerned;
- the minimum level of service;
- minimum quality of service;
- the general principles facilitating access to information and communication infrastructures
communication.

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Article 54: Realization.
The body in charge of implementing the national universal access / service strategy
to electronic communications defines the optimal methods of selecting
operators who must ensure universal access / service to services related to
the Regulatory Authority.
These operators must prove that they have sufficient financial and technical capacity to
offer such services.
Article 55: Funding.
There is hereby established the oi a fund universal access to services managed by the organ
responsible for implementing the universal access / service strategy and intended to
offset obligations relating to universal access / service.
The decree provided for in article 53 above defines the origin of the resources intended for
feed this fund, their allocation and accounting and financial management methods.
Article 56: Costs relating to universal access to services.
Costs attributable to universal access / service obligations are assessed
by the body provided for in article 6 of this law, on the basis of a three-year program
established by ANSI.

CHAPTER VI: PENAL PROVISIONS.
Article 57: Networks, unauthorized equipment services.
1

1) Is punished with imprisonment of three (3) months to one (1) year and a fine
from thirty (30) to sixty (60) million CFA francs or one of these two (2)
penalties only, anyone who:
- established or caused to be established, operated or caused to be operated a network or a
electronic communications, without the license, authorization or having
made the declaration provided for in Chapter IV of this law or established or
operated a network or a service disrupting the operation of the networks or
existing services;
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- maintained or caused to be maintained the operation of a network or of a
electronic communications in violation of a decision to suspend or
withdrawal of license or authorization, or prohibition of the declared service;
- used a frequency not previously assigned to it by the Authority
of Regulation.
2) Is punished with a fine of six (6) to twelve (12) million CFA francs per
terminal equipment, anyone who manufactured for the domestic market, imported or
held with a view to sale or distribution for consideration or free or put in
sale of unapproved terminal equipment, or connected it to a
electronic communications network. Advertising in favor of the sale of
unapproved terminal equipment is punished with the same penalty.

Article 58: Confidentiality of communications
Any agent of a network operator or any natural person admitted to participate in
the execution of an electronic communications service open to the public which, apart from
cases provided for by this law, intercepts, discloses, publishes or uses the content of
communications carried by electronic communications networks or services
is punished by a prison term of three (3) months to five (5) years and a fine
from ten thousand (10,000) to one (1) million CFA francs or one of these two (2) penalties
only.
Anyone who in bad faith intercepts, misappropriates, discloses, publishes or uses the
content of communications carried by communications networks or services
electronic devices, or discloses their existence, or installs devices designed
for carrying out such interceptions, is punished with a prison sentence of two (2)
months to two (2) years and a fine of ten thousand (10,000) to five hundred thousand (500,000)
CFA francs or one of these two (2) penalties only.
These provisions do not apply in the following cases:
- express consent of the author or recipient of the communication;
- interception of a private communication on a judicial warrant;

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- interception by the Regulatory Authority of a private communication for the purposes
identify, isolate or prevent unauthorized use of a frequency.
Article 59: Interruption and disruption of service.
1. Transmitting false distress calls.
Anyone who knowingly transmits or puts into circulation by radio
false or misleading distress signals or calls is punishable by
imprisonment from eight (8) days to one (1) year with a fine of two hundred thousand
(200,000) CFA francs or one of these two (2) penalties only.
The equipment used by the offender or his accomplices may be confiscated at the
state profit.

2. International call sign - Line hijacking.
Is punished by a prison term of three (3) months to one (1) year and a fine
from one (1) million to ten (10) million CFA francs or one of these two (2) penalties
only, anyone:
- made radio transmissions knowingly using a call sign

call from the international series assigned to a state station or station
an electronic communications network;
- has carried out or caused to be carried out hijackings of communication lines

electronic communications or exploited hijacked electronic communications lines.
3. Deterioration of the radio network.
Anyone who in any way damages or degrades an installation of the
radio network or compromises the operation of this network is punishable by
imprisonment from eight (8) days to one (1) year and a fine of two hundred thousand
(200,000) to one (1) million CFA francs.

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4. Deterioration of overhead and underground networks.
Anyone who has degraded or damaged in any way, airlines or
underground or any related work is punishable by a fine of one hundred thousand (100,000)
to one (1) million CFA francs.

5. Frequency disturbances.
Is punished by a fine of one hundred thousand (100,000) to one (1) million CFA francs, any
person, who deliberately disturbs by using a frequency, an installation
radio or any other means in the electronic communications service.

Article 60: Information and Competition
Is punished by a term of imprisonment of eight (8) days to three (3) months and a fine
from two hundred thousand (200,000) to two (2) million CFA francs or one of these two
penalties only, without prejudice to the other penalties provided for in this law,
anyone who has refused to provide the Regulatory Authority with the information required for the
proper performance of its missions or will have voluntarily provided it with information
wrong.
Is punished by a fine of two hundred thousand (200,000) to one (1) million CFA francs,
anyone who has fraudulently obstructed the proper conduct of competition.
Article 61: Confiscation of material - Prohibition to practice - Recidivism
In the event of conviction for one of the offenses provided for in the above articles, the
court may also pronounce:
- for the benefit of the Regulatory Authority , the confiscation of equipment and
installations constituting the electronic communications network or
allowing the provision of the electronic communications service, or
order the destruction, at the request of the Regulatory Authority, at the expense of the
condemned;
- against the convicted person, the prohibition to practice for a period of one (1)
at five (5 ) years, any activity related to the communications sector
electronic.
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- in the event of multiple offenses committed by the same offender,
the fine is applied as many times as there are distinct offenses
observed;
- in the event of a repeat offense, the penalties provided for are doubled. There is recurrence
when the offender has been the object, in the five (5) years preceding,
a first irrevocable conviction for one of the offenses punishable by
the aforementioned articles.
Article 62: Finding of infringements
The agents of the Regulatory Authority are empowered to note violations of the
this law.
The agents of the Regulatory Authority, responsible for carrying out control operations
and of record of the offenses committed, are sworn.
As such, the staff entrusted with this control mission can carry out
search, seizure of materials and closure of premises as well as opposition
to bank accounts under the control of the Public Prosecutor. He benefits from
assistance of the public force in the exercise of its mission.
He draws up a report of his findings.
Article 63: Competent court.
Offenses against this law are the responsibility of the court in whose jurisdiction the offense was committed.
been committed, in accordance with the rules of the Code of Criminal Procedure.

CHAPTER VII: MISCELLANEOUS, TRANSITIONAL AND
FINALS
Article 64: Current authorizations
Licenses and other authorizations for establishing networks or operating
electronic communications services issued for a specified period before the
date of enactment of this law retain their validity until expiration.
However, in case of contradiction between the terms of these licenses and other authorizations
and the terms of this law, the terms of the law prevail.

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Holders of licenses or authorizations having the same purpose as those referred to in
the previous paragraph and declined for an indefinite period have a period of one (1)
year, from the date of promulgation of this Law, to comply with the
provisions thereof.
However, for the purposes of implementing this law, the Authority
Regulation makes changes to existing frequency assignments.
For the purposes of the application of the preceding paragraphs, the holders of licenses and
authorizations are required to be listed by the Regulatory Authority within a period of
six (6) months from the date of promulgation of this law.
Otherwise, they are deemed to have waived the benefit of their license or authorization and
may refer to the application of the above provisions for their benefit.
Article 65: Transitional provisions
All previous provisions contrary to this law which is published in the
Official Journal of the Republic of Niger and executed as law of the State.

Niamey, July 12, 2018

Signed: The President of the Republic
ISSOUFOU MAHAMADOU
The Prime Minister
BRIGI RAFINI
The Minister of Posts, Telecommunications
and the Digital Economy
SANI MAIGOCHI
For amplification:
The Secretary General
of the government

ABDOU DANGALADIMA
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