Page 1

REPUBLIC OF CONGO
51 YEAR - No. 49

Thursday, December 3, 2009

Union Work Progress

e

OFFICIAL J OURNAL
FROM THE REPUBLIC OF CONGO
appearing on Thursday of each week in Brazzaville

SUBSCRIPTIONS
DESTINATIONS

NUMBER
6 MONTHS

1 YEAR

24,000

REPUBLIC OF CONGO ............................................... .............

3 MONTHS

12,000

6,000

500 F CFA

9. 6 0 0

8 0 0 FCFA

Airway exclusively
FOREIGN ................................................. ..................................

3 8. 4 0 0

1 9. 2 0 0

¤ Judicial and legal announcements and various notices: 460 francs per line (it will not be counted less than 5,000 francs per announcement or notice).
The announcements must reach the Thursday preceding the publication date of the “JO” at the latest.
¤ Land and mining property: 8,400 frs per text.

¤ Declaration of association: 15,000 francs per text.

DIRECTION: TEL./FAX: (242) 81.52.42 - PO BOX 2.087 BRAZZAVILLE
Payment: cash, money order, certified check payable in the Republic of Congo, made payable to the Official Journal
and sent to the Directorate of the Official Journal and Documentation.

SUMMARY
OFFICIAL PART

B - SPECIAL TEXTS
MINISTRY OF FOREIGN AFFAIRS

- LAWS -

AND COOPERATION

25 Nov. Law n ° 9-2009 regulating the sector
electronic communications. ................ 2733

Refund. ........................................... 2771

25 Nov. Law No. 10-2009 regulating the sector
posts. .................................................. ... 2761

NON-OFFICIAL PART

- ORDERS - ADVERTISEMENT A - GENERAL SCOPE
MINISTRY OF FINANCE, BUDGET
AND THE PUBLIC PORTFOLIO

Legal announcements. .......................................... 2772
Association. .................................................. . 2772

Nov. 26 Decree n ° 10979 fixing the terms of opening
and the thresholds for advance funds and
its out of pocket expenses. .............................. 2770

From Thursday 3 December 2009
Page
2
3

Official Journal of the Republic of Congo

2733

Access: any provision of resources, materials or
software, or services, in order to enable the beneficiary
to provide electronic communications services
tronic.

OFFICIAL PART

Assignment: the provision, according to clauses
contractual, a number or a series of numbers
to end users by the holder of a resource
attributed.

- LAWS Law n ° 9-2009 of 25 November 2009 on
regulation of the electrical communications sector
tronic.

Agency: the regulatory agency for posts and
electronic communications created by a law of
Republic of the Congo to ensure the regulation of
postal and electronic communications sectors
nics.

The National Assembly and the Senate
deliberated and adopted;
The President of the Republic promulgates the law
the content of which follows:

Approval: the administrative act prior to starting
ment of activities, delivered by the agency on request
of an operator or supplier of communication services
electronic communications and which obliges the company to
identified to obtain a decision (explicit / express).

TITLE I: GENERAL PROVISIONS
Chapter 1: Field of application, missions,
the right to communication and the exclusive right

Arbitration: the process by which the agency takes a
decision on a dispute or dispute.

Article 1: This law applies to the activities
of the electronic communications sector exercised
on national territory, including maritime waters
under Congolese jurisdiction and airspace.

Assignment of a radio frequency or channel
trique: the authorization given by the agency for the use of
radio frequency or channel
radio frequency determined under specific conditions
fiées.

Article 2: Are excluded from the scope of the
this law the State facilities established for
national defense and public security needs.

Allocation of a frequency band: registration
in the frequency band allocation table,
of a specific band, for the purposes of its use by
one or more radiocommunication services of
earth or space, or by the radio astronomy service,
under specified conditions. This term applies to the
considered frequency band.

The procedures for setting up these facilities are
fixed by regulation.
Sound and audiovisual broadcasting services are not
are not covered by this law. However,
radio equipment of all types is covered by
this law.

Authorization: the prior administrative act granted by
the agency to any company meeting the conditions,
set by regulations, applicable to services
and / or electronic communications networks
proposed.

Article 3: Everyone has the right to benefit from
electronic communications services. This right is
consisting of :
- access to electronic communications services
nics throughout the national territory;
- the benefit of other technology services
information and communication depending on the area
coverage of each service;
- the freedom to choose the supplier of the
electronic communications according to the
implementation of each service;
- equal access to communications services
electronic;
- access to basic information relating to the conditions
the provision of communications services
electronic products and their pricing.

Back bone or core network: the backbone of a
electronic communications network. Networks
back bone of operators are very high arteries
transmission rate, which connect the main nodes
network, and on which the international backbones
networks and links with lower transmission capacity.
mission are connected. The back bone is usually
cabled in optical fiber.
Local loop: the physical circuit that connects the point of
termination of the network at the premises of the subscriber to the
main distributor or any other equivalue of the fixed telephone network.

Article 4: Is the exclusive domain of the State, the management
rare resources which are:

Physical co-location: the service offered by a
operator of a public electronic communications network
tronic consisting of making available to
other infrastructure operators, including
premises, so that they can install and, where appropriate,
use their equipment for the purposes of interconnection.

- the radioelectronic frequency spectrum;
- the numbers ;
- the addresses.
Chapter 2: Definitions
Article 5: For the purposes of this law, the following terms are understood to mean:

Page 42734

Electronic communications: transmission, transmission

Official Journal of the Republic of Congo

ing or receiving signs, signals, writings,
images or sounds or information of any
nature by cable, radio, optical systems or others
electromagnetic systems, that these signs, signals,
writings, images, sounds or information may or may not have
the object of rearrangement, calculation or other
any kind, during their transmission, emission or
reception.

receiving information.
Essential requirements: the requirements necessary for
guarantee, in the general interest:
a) the health and safety of users and staff
nel operator of communications networks
electronic;
b) electromagnetic compatibility between
communications equipment and facilities
electronic;
c) good use of the frequency spectrum
radioelectric devices avoiding interference
harmful to third parties.

Communication to the public by electronic means: any
making available to the public or categories of the public,
by an electronic communications process,
signs, signals, writings, images, sounds or
messages of any kind that do not have the character
private correspondence.

The essential requirements also include, in
justified cases, network protection and in particular
exchange of ordering and management information
associated with it, the interoperability of services and
terminal equipment, data protection,
the compatibility of terminal equipment and
radio equipment with devices
preventing fraud, ensuring access to emergency services
gence and facilitating their use by people
with disabilities.

Interconnect switch: first switch
the public electronic communications network which
receives and routes electronic communications traffic
nics at the point of interconnection.
Conciliation: attempt to resolve, amicably, a
dispute between a user organization and a
network operator or communication service provider
electronic communications.
Encryption: use of unusual codes or signals
that allow the conversion of information that is
wants to transmit in incomprehensible signals by
third parties, or the use of codes and signals without which
you can't read the information.

Service provider: any natural person or
corporation providing the public with a communication service
electronic tions.
Provision of an electronic communications network
niques: setting up, operating, monitoring
or the provision of such a network.

Declaration: the act of notification made by an operator
networks or by a communication service provider
electronic communications from the agency and
which does not oblige the company concerned to obtain a
explicit decision of the agency before starting
his activities.

Management of the radio frequency spectrum:
all administrative and technical actions
aimed at ensuring rational use of the spectrum
radio frequencies by users.

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

Closed user group: a group of people
forming a community of interests, stable and predefined,
constituting between them a closed group with a view to
to exchange information.
Information: signs, signals, writings, sounds
or information of any kind that may be
conveyed by electronic communications processes
tronic.

Dispute or litigation: any conflict falling within the scope
law enforcement and opponent:

Interconnection: the physical and logical connection of
networks open to the public operated by the same operaprovider or a different operator, in order to allow
users of an operator to communicate with
users of the same operator or another, or
to access services provided by another operator.
Services may be provided by parties consurrounded or by other parties who have access to the network.
Interconnection is a special type of access
implemented between open network operators
to the public.

- operators of electronic communications networks
tronic between them;
- operators of electronic communications networks
tronic and service providers;
- service providers among themselves;
- State administration and operators of
communication networks and service providers
electronic tions.
Rights of way: rights allowing
place infrastructure and all equipment on, beyond
above or below public property;

Interconnection is also understood to mean the services
access to networks offered in the same object by a
network operator open to the public to a service provider
telephone service open to the public.

Terminal equipment: any equipment intended to be
connected directly or indirectly to a point of
termination of an electronic communications network
nics for the purpose of transmission, treatment or

From Thursday 3 December 2009
Page
5

N ° 49-2009

Interoperability of networks and terminimum: the ability of the equipment to operate,

Official Journal of the Republic of Congo

on the one hand, with the network and on the other hand, with the others
terminal equipment allowing access to a
same service.

2735

persons with legal personality and endowed with
the capacity for collective expression.
Complaint: any written request from an organization
of users addressed to the agency to have them recognized
a right that it, or a user who has authorized it,
believes to have or to express dissatisfaction
against a network operator or service provider
electronic communications service.

National roaming: roaming
national is a form of infrastructure sharing
active, allowing subscribers of a mobile operator
infrastructure (unlike a mobile operator
virtual network, "MVNO") to have access to the network
(indirect access) and services offered by an operator
mobile offering said roaming in an unpainted area
green by the nominal network of said subscribers.

National numbering plan: the constituted resource
by all the numbers allowing in particular
identify fixed or mobile endpoints
telephone networks and services, to route
calls and access internal resources
networks. This plane corresponds to a segment of the
worldwide numbering (E164). It sets the procedures and
the conditions for booking and awarding
numbering resources.

Liberalization: the regulated opening of an activity or
from service to competition.
License: generally refers to the authorization to provide
electronic communications services or operate
electronic communications facilities. It
usually sets the terms and conditions
that the license holder is authorized to
to exploit and establish the rights and obligations of this one.

Endpoints of a network: physical points
through which users access a network of
electronic communications open to the public. These
connection points are part of the network.

Message: any communication in the form of
speech, sound, data, text, visual image,
signal or code, or any other form or combination
of shapes.

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

Minister: the Minister of the Government of
Republic of the Congo in charge of the comelectronic communications.

Cryptology services: any encryption service.

Number: the string of digits uniquely indicating
indicates the endpoint of the public network. This
number contains the information needed to route
the call to this termination point. This number
can have a national or international format. The forinternational mat is known as the public number
international electronic communications
includes the country code and subsequent digits.

Interconnection service: the service offered by a
operator of a public electronic communications network
tronic to a public communications network operator
third party electronic cations or to a service provider
vice of electronic communications to the public, which
allows all users to communicate
freely between them whatever the networks to
what they are attached to or the services they use.

Operator: any natural or legal person
operating an electronic communications network
open to the public or providing a service to the public
electronic communications.

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

Operator with significant power on the
market (powerful operator): a company is considered
derived as having significant power
in the market if its market share (percentage of
revenues or traffic of this operator in relation to
revenue or traffic of all operators), on the segof the market considered is equal to or greater than a
percentage to be determined by the agency and, if individual
or jointly with others, it is found
in a position equivalent to a dominante, that is to say, it is able to understand
wear, to an appreciable extent, in a
independent of its competitors, its customers and, in
ultimately, users.

Collection network: the network that links the
switches that centralize the links to the
subscribers and backbone interconnection points. The
optical fiber is generally used for this type of
network, the other media are wired, wireless or
satellite.
Service or access network: the network that allows
make the link between subscribers and interconconnection of the collection network. These networks use prinmainly the telephone line (XDSL technologies,
ISDN, PSTN) or alternative access technologies (BLR,
WiFi, satellite, and others).

Incumbent operator: the network operator (s)
of electronic communications established in the country
data which, as a rule, exploits all or
greater part of the tele- network infrastructure
public switched telephone (PSTN) in the country.

Electronic communications network: any installation or any set of transport facilities or
of dissemination as well as, where appropriate, other means
ensuring the routing of electronic communications
nics, including switching and routing.

Legal person: the person or group of staff

Page 62736

Official Journal of the Republic of Congo

Are considered in particular as communal networks
electronic communications: satellite networks,
terrestrial networks, systems using the electricity grid
trique insofar as they are used for the routing of
electronic communications and networks ensuring
broadcast or used for the distribution of services
audiovisual communication.

N ° 49-2009

ment or mainly in the transmission or routing
signaling or a combination of these functions
over electronic communications networks, including
including transmission services over networks
used for broadcasting, but which excludes
vices consisting in providing content using
electronic communications networks and services
or to exercise editorial responsibility on these
required.

Independent network: a communications network
electronic reserved for the use of one or more people.
tones constituting a closed group of users,
with a view to exchanging internal communications within
this group.

Information society services: any service
provided, for remuneration or not, remotely by
electronic and at the individual request of a
native of services.

An independent network is called:
Service Support: a simple donation transport service
born whose purpose is either to transmit or deliver
insert signals between the termination points of a
electronic communications network, without
undergo treatment for these signals other than those
necessary for their transmission, their routing
and the control of these functions.

- for private use, when reserved for personal use
physical or moral sound that establishes it;
- for shared use, when it is reserved for the use of
several natural or legal persons constituted
killed in one or more closed user groups
teurs, with a view to exchanging communications
internal within the same group.

Telephone service open to the public: operation
commercial, for the public, of the direct transfer of
voice, in real time, between fixed or mobile users.

Radio network, installation or equipment: one
network, installation or equipment are qualified
radio frequency when using
radio frequencies for the propagation of
waves in free space. Among the networks
radioelectric networks include, in particular, the networks used
reading the capacities of satellites.

Universal service: a minimum offer to the public on
the whole of the national territory, of communielectronic communications, at an affordable price, in
respect for the principles of equality, continuity and
versality.

Internal network: an electronic communications network
independent tronic fully established on a
same property, without borrowing or the public domain y
including wireless nor a third party property.

Satellite system: any set of earth stations
notings and space with the aim of ensuring
space radiocommunications and comprising one or
several artificial satellites of the earth.

Network open to the public: any communication network
electronic tions established or used for the supply
to the public of electronic communications services
or communication services to the public by
electronic.

Triple play: offers Internet service operators
Broadband, voice and television.
User: any natural or legal person using
reading an electronic communications service to
private or professional purposes without being necessary
subscribed to this service.

Scarce resources: radio frequencies,
numbering and addressing.
Selection of carrier: the mechanism that allows
a user to choose between a set
operators of public communications networks
authorized electronics or service providers
of electronic communications authorized for
route some or all of their calls.

End user: a user who does not provide
public electronic communications networks or
accessible electronic communications services
to the public.
Terms other than those defined in this law
take the definition enshrined by the Union
International Telecommunications.

Universal service / access: access to a set of
minimum services, defined by a law on the territory
national to the whole population, independently
of their geographical location and under condiaffordable tariffs.

TITLE II: RELATIVE LEGAL REGIMES
FOR THE INSTALLATION AND OPERATION OF
NETWORKS AND SERVICES OF
ELECTRONIC COMMUNICATIONS

Value-added services: all communication services
electronic tions which, not being broadcasting services
merger and using support services or services
of final electronic communications, add
other support services or respond to
new specific communication needs.

Chapter 1. Principles
Section 1: Freedom to exercise activities
Article 6: Electronic communications activities
are exercised freely, in compliance with the conditions
of the laws and regulations in force.

Electronic communications service: the service
provided for remuneration or not which consists entirely of

From Thursday 3 December 2009
Page
7

Official Journal of the Republic of Congo

However, the supply of communication networks and services
electronic connections is conditional on obtaining, following
In the case of a:

2737

public voice services with lower impact such as
as defined by the agency;
- the establishment, operation or supply of
independent networks by any natural person

a) license;
b) authorization;
c) accreditation;
d) declaration;
e) experimentation.

or legal with the exception of internal networks;
- the operation or supply of public networks of
electronic communications or the provision of
public electronic communications services
not requiring scarce resources such as

Section 2: From accessibility to criteria
entry into the market

IP telephony or not requiring numbers, or
mobile virtual networks.

Article 7: The agency ensures that the information relating to
to market access criteria are accessible
to the public, in particular:

Section 3: Networks and services submitted
to the accreditation regime
Article 12: Are subject to the prior approval of the
gence:

- all the criteria for granting a license, authorization and
of approval;
- the deadlines after which a decision is made
usually in response to a request for
license, authorization or approval;
- the terms and conditions governing the activities under
the licensing, authorization, approval,
declaration or free entry.

- radio installations;
- terminal equipment intended to be connected
to an electronic communications network
open to the public ;
- equipment testing and measurement laboratories
electronic communications;
- the installation of equipment supports for the
electronic communications.

Section 3: Public consultation
Article 8: To ensure fairness and transparency in
the process of granting a license, authorization or
accreditation, the agency conducts consultations with the
industry, the public and other interested parties
this process as well as the limitation of the number
licensing and other matters it deems necessary
sary. It publishes the results within thirty
days.

Section 4: Networks and services submitted
to the declaration regime
Article 13: Is subject to declaration, operation
commercial value-added services defined by
agency and using the available capacities of
electronic communications networks open to
public.

Section 4: The motivation for any refusal

Section 5: Free entry

Article 9: The agency ensures the establishment of procedures
hard so that all the reasons for refusing a license,
of an authorization or approval are known to the
candidate.

Article 14: Are freely established:
- internal networks and radio installations
triques exclusively made up of
low power and short range, the categories of which
gories are determined by the agency.

Chapter 2: Classification of networks
and services

Section 6: Development of the sector
and special conditions

Section 1: Networks and services submitted
to the licensing regime

Article 15: The Minister may, after consultation with
Article 10: Are subject to the issuance of a
license by the minister in charge of telecommunications
electronic:

agency, adapt the legal regime relating to the installation and operation of communication networks and services
electronic communications to convergence and new
new technologies by ensuring the promotion of new

at. the operation or provision of public networks of
electronic communications requiring
scarce resources;
b. the provision of public voice services required
locating numbers.

quality of technologies and services and the ease of
entry into the market.
Chapter 3: Procedures
Section 1: Licensing

Section 2: Networks and services subject to the regime
authorization

Article 16: Licenses are issued by order of
Minister responsible for electronic communications.

Article 11: Are subject to the prior authorization of
the agency:

The decree is published in the Official Journal and notified to the holder.
laire within a maximum period of two months.

- the operation or supply of public networks of
electronic communications or the provision of

Page 82738

Official Journal of the Republic of Congo

Licenses are subject to the payment of taxes and
royalties, the amounts of which are fixed by regulation
mental.

N ° 49-2009

A regulatory text defines the technical conditions
and financial for issuing the prior approval of
equipment, laboratories and installers mentioned
above, taking into account the need to ensure,
in the general interest:

A regulatory text defines the conditions for
issuance and operation.

at. the safety of users and staff of
operators;
b. protection of electrical communications networks
tronic;
vs. the compatibility of this equipment with,
part, electronic communications networks
open to the public and, on the other hand, others
terminal equipment allowing access to a
same service;
d. the correct use of the frequency spectrum
radioelectric.

Article 17: The Minister, after consulting the agency,
may limit the number of licenses for a category of
electrical communications services or infrastructure
tronic to the extent necessary to ensure the u
efficient use of the radio frequency spectrum or
during the time necessary to allow the attribution
sufficient numbers.
When the Minister intends to limit the number of
licenses:
at. it takes due account of the need for maximum
capitalize on the benefits for users and
facilitate the development of competition;
b. it gives interested parties the possibility
express their point of view on a possible
limitation;
vs. it publishes its decision to limit the number of
individual licenses and the reasons for it;
d. it reviews the limitation at reasonable intervals
imposed;
e. it launches a call for candidates for the granting of
licenses.

The approval must be notified to the beneficiary within a
not exceeding two months from the date of
receipt of the request.
Article 21: Terminal equipment or installations
subject to the above-mentioned approval cannot
be manufactured for the domestic market, imported,
held for sale, offered for sale, distributed to
free or expensive, connected to a public network
electronic communications or be the subject of
publicity only if they are approved in advance by the agency
or by a duly
approved for this purpose by the said agency.

When the Minister finds, on his own initiative or
following a request made by a company,
at the time of entry into force of this law or
later, that the number of licenses can be
increased, it takes the necessary measures and launches a
call for applications for the granting of additional licenses
mental.

Section 4: The opening statement
Services
Article 22: The agency records the opening declaration
ture of service. This declaration must contain, between
other, the following information:
- the procedures for opening the service;
- geographic coverage;
- the conditions of access;
- the nature of the services, object of the service;
- the tariffs which will be applied to users.

Article 18: For each call for competition having
for the purpose of proposing the establishment and / or the
tion of an electrical communications network or service
tronics determined under the license regime, the agency
draws up specifications, the content of which is fixed
by regulation.

Any changes made to the initial conditions of the
declaration, except for tariff changes,
is brought to the attention of the agency one month before
expected date of implementation.

Section 2: Authorization regime
Article 19: The authorization is issued by decision of
the agency.

Article 23: The declaration gives rise to the payment of
taxes set by regulatory texts.

The authorization must be notified to the beneficiary in a
period not exceeding two months from the
date of demand.

The agency defines the conditions and modalities of deposit
statements.

The authorization gives rise to the payment of the fixed fees
by regulatory texts.

Section 5: The regime of experimentation
Article 24: The experimental, non-profit regime,
allows you to test a technology. It is consented to
a period determined by the regulatory agency.

A regulatory text defines the conditions for
issuance and operation.
Section 3: Approval regime

The regulatory agency defines the conditions and
modalities of its application.

Article 20: Approval is issued by decision of the
gence.

Chapter 4: Rights and obligations
The approval gives rise to the payment of taxes fixed by
regulatory texts.

From Thursday 3 December 2009
Page
9

Article 25: Any condition relating to the right to exploit
a network or provide a communications service

Official Journal of the Republic of Congo

electronic devices must comply with the regulations in
force.

i. the obligations imposed on the operator for
allow its control by the agency;
mr. payment of taxes due by the operator for
cover the administrative costs incurred by the
implementation of the provisions of this law,
under the conditions provided for by the regulations
in force ;
not. information, particularly on the contracts of service provision, and the protection
users.

Article 26: Any network operator or supplier of
electronic communications services:
- respect any condition linked to the right to operate a
network or provide a communications service
electronic;
- maintains any installation, device or related premises
the right to operate a network or provide a service
electronic communications defect in coneditions that allow it to provide a safe service,
adequate and efficient;
- submits reports and financial statements to the agency
and all other information relating to its operations.
tions, required by the agency;
- observe any written directives issued by the related agency
the right to operate a network or provide a service
vice of electronic communications.

Certain conditions linked to the right to operate a network
or to provide an electronic communications service
nics are only applicable if the operator is found to be
in a position of power in a market following a
agency decision.
Conditions relating to the regulation of activities
of a powerful operator do not apply to new
incoming calves. They only apply if one
would observe, after a market assessment
carried out by the agency, that an operator has a
significant power in a market.

Article 27: Establishment and operation of networks
and the provision of communication services to the public.
electronic statements open to the public are subject to
compliance with rules relating to:
at. the conditions of permanence, quality and
network and service availability;
b. the conditions of confidentiality and neutrality
look at transmitted messages and information
communications related;
vs. network and service standards and specifications;
d. the requirements required for the protection of
health and environment and by the objectives
regional planning and town planning, including
laying down, where applicable, the conditions of occupation
in the public domain, financial guarantees or
techniques necessary for the proper execution of
infrastructure works and the terms of
sharing of infrastructure and local roaming;
e. the prescriptions required by public order,
national defense and public security, in particular
those that are necessary for the implementation
interceptions justified by the necessities of
public security, as well as the guarantees of
fair remuneration for the services provided for this
title;
f. the free routing of emergency calls. AT
this title, operators are required to ensure access
free emergency services with information on
tive to the location of the terminal equipment
the user, insofar as this information
is available ;
g. the financing of the universal service and, where
where applicable, the provision of universal service and
compulsory services, under the conditions provided
by this law and the regulations in force;
h. the provision of the information provided for by the
this law and the regulations in force;
i. interconnection and access, under the conditions
provided for by this law and the regulations in
vigor;
j. the conditions necessary to ensure the equivalence
processing agency for international operators
in accordance with the provisions of this law and
applicable regulations ;
k. the conditions necessary to ensure the
teroperability of services;

2740
Page 10

2739

In cases where the operator requests access to
limited resources such as the frequency spectrum
radio, the numbering, the agency reserves the
right to establish additional conditions determined by regulation.
For some operators, only the condistatements relating to the quality of service and
with customers. However, certain conditions in
universal service, particularly with regard to
concerns emergency calls, consultation of annuaire and payphone, may apply.
A regulatory text defines the operating conditions
tion of electronic communications networks and services
nics.
Article 28: Any holder of license, authorization, approval
ment and declaration is subject to the payment of duties,
taxes and fees set by regulatory texts.
Article 29: The conditions relating to the license,
torization or accreditation are considered
fixed at the time of their official issue.
Subject to the provisions of paragraph 1, the agency may
modify the conditions attached to a license, an authorization
sation or approval in cases objectively
justified. If it becomes necessary to modify the conditions
related to a license, authorization or
approval, the agency must notify the license holder
license, authorization or approval, in
reasonable deadlines, any modifications,
before they are implemented.
Any modification to be adopted in application of paragraph 2
above is subject to consultation procedures
public, by giving actors, including users
a sufficient time to be able to decide on
the proposed changes. The deadline must in any case
be more than 20 days.
When the agency proposes to modify the terms
a license, authorization or approval for

Official Journal of the Republic of Congo

under paragraph 2, it gives written notification of its
intention to the holder of the license, authorization or
approval, while specifying:

place, a procedure dealing with the relations between
operators of public networks as to the conditions and
sharing of infrastructures, in particular those relating to
deadlines and access to the necessary information
for its implementation.

a) the reasons why it proposes to
to do so;
b) the period within which the license holder,
the authorization or approval can react by
written. This period should not exceed 30 days.

The agency encourages access to alternative infrastructure
tives on the basis of trade negotiations in order to
promote the development of competition and
sit it down in a short time. She makes sure that this
access takes place under conditions of equity,
discrimination and equal access.

The agency, after examining all reactions submitted
under paragraph 3, communicates its decision in writing
and the reasons for such a decision, to the holder of the
license, authorization or approval.

Section 2: Number portability

Article 30: Licenses, authorizations, approvals and
declarations issued pursuant to the provisions of
this law are personal. They cannot be transferred
to a third party only under the same conditions of their
deliverance. This sale implies the continuation of the
compliance with all the provisions of the license,
the authorization, approval or certificate of declaration
tion.

Article 33: The agency carries out market studies
to assess user needs for
portability to identify categories of users
likely to request this service.
In the event of a clearly identified need, the regulations
will be adapted to allow the user to keep
his telephone number when he changes operator.

TITLE III: COMPETITION

Any decision on this plan will be made after consultation with the
actors in the field, and revision of the numbering plan
tion for its adaptation to portability requirements
numbers.

Chapter 1: Measures to promote
the competition
Article 31: The selection of the carrier is introduced
in its call-by-call form, at a minimum, and this
to establish effective competition and allow
users to freely choose their operator
local loop and have access to the services of an operaalternative tor. This obligation to offer selection
is the responsibility of all powerful operators. The operator
powerful is invited to make the technical changes.
at the level of its PBXs in order to be able to
see, as a first step, the selection of the transcall-by-call carrier, and this service must appear
in the interconnection catalog.

Section 3: National roaming
Article 34: The agency ensures that the operators in
place offer the national roaming service to operathose who request it, at reasonable prices,
insofar as this offer is technically possible
corn. However, national roaming must not
case replace the subscribed cover commitments
in connection with the licensing of mobile services by
incoming operators.
The national roaming contract is freely negotiated
between two operators and the operators provide
users relevant information relating to
national roaming tariffs.

The agency assigns the prefixes to the so-called transbearers and statue on:
a) the type of carrier selection;
b) the operators eligible to offer the transport;
c) operators having the obligation to offer selection
the carrier;
d) the types of calls carried;
e) the problems inherent in the selection of transcarrier such as billing problem and ofsubscriber identification fre;
f) issues of unfair competition.

The agency ensures that equity is safeguarded and that
discrimination in the provision of national roaming.
The agency publishes specific guidelines for
national roaming, which makes it possible to set the
pricing and technical considerations as well as
on national roaming contracts, in particular
consultation with market players.
Article 35: To ensure that roaming prices
are reasonable, the agency:

Section 1: Sharing infrastructure
Article 32: The agency encourages the sharing of infrastructure
passive and active tures, in particular of poles,
picks and highs, on a commercial basis, partiespecially in places where access to such capacities
is limited by natural or structural obstacles and
ensure that this sharing takes place between the operators
public electronic communications networks,
under conditions of equity, non-discrimination and
equal access.

- survey of roaming prices charged in the
region ;
- carry out consultations with relevant stakeholders
identified with a view to arriving at reasonable rates;
- identifies operators practicing abusive prices.
May require operators to:
i) allow subscribers of prepaid services to
benefit from the roaming service and tariffs
reasonable;

The agency develops, in consultation with the actors in

From Thursday 3 December 2009
Page
11

N ° 49-2009

Official Journal of the Republic of Congo

ii) provide clear and transparent information and
detailed customers' rates applied for
roaming.

2741

- share network signaling and banks
data with other licensees or
value-added service providers for
which a license would not be required, in view of
transport and termination of a communication
or information;
- set up and provide the facilities and
means referred to in paragraphs 1 and 2 above;
- set reasonable tariffs for service rates
defect and an allocation of costs for the installations
and the means referred to in paragraphs 1 and 2.

Article 36: The agency examines:
a) termination costs and in particular: costs
call termination between operators;
b) charges and tariff structures, the prices of
retail and interconnection and revenue sharing
between originating and terminating operators;
c) possible rearrangements in the structures
retail and interconnection price tariffs;
d) the relevance of the interconnection market;
e) the identification of powerful operators in these
markets and the application of the necessary measures
posed to promote the harmarket for electronic communications
nics.

Article 40: Interconnection is subject to an agreement
under private law, known as the interconnection contract,
between the two parties involved. This convention
determines, in compliance with legislative provisions
and applicable regulations, the technical conditions
and financial interconnection. It is communicated
to the agency as soon as it is signed.

Article 37: The agency monitors the market and watches over
that has :

When it is essential to ensure compliance
fair competition, non-discrimination
between operators or the interoperability of services and
networks, the agency can ask the parties to modify
trust the interconnection agreement.

a) alternative operators, through unbundling,
can offer "triple play" type services
so that all operator equipment
alternatives, necessary for the implementation of the
cess to the local loop, can be co-located;
b) any offer which allows the development of
wholesale and Internet markets either
favored.

It then sends the parties its requests for changes.
duly motivated fication. These have a deadline
one month from the request for modification,
to adapt the interconnection agreement.
The agency may, either ex officio or at the request of a partie, fix a term for the signing of the agreement.
After this period, it must intervene to complete the
negotiations so that this does not constitute a barrier
at the entry of other operators.

Chapter 2: Access obligations
and interconnection
Article 38: The operators of networks open to the public
lic make rights, under objective conditions, transparent
entes and non-discriminatory, to requests
reasonable interconnection.

Operators who request it must be able to
consult with the agency, in the forms it
stops and with due respect for business secrecy, the
interconnection contracts concluded by operators.

The obligations of non-discrimination make, in particular
that operators apply equivalent conditions
slow in equivalent fields, and that they provide
provide services and information to others in
same conditions and with the same quality as those
that they provide for their own services, or for
those of their subsidiaries or partners.

When the agency considers that it is urgent to act in order to
preserve competition and protect the interests of
users, she can immediately ask this
that the interconnection between the two networks be carried out
pending the conclusion of the agreement.

The interconnection request cannot be refused if it
is reasonable in relation to the needs of the applicant
on the one hand and the operator's ability to satisfy it
on the other hand.

Article 41: Notwithstanding the provisions of article 40 below
above, the interconnection contracts specify in particular
is lying :
a) the date of entry into force, the duration and the modalities
lities of modification, termination and renewal
element of the convention;
b) the procedures for establishing the interconnection and
planning for subsequent developments, the
level of service quality guaranteed by each
network, coordination measures for the
monitoring of the quality of service, identification and
troubleshooting;
c) description of the services provided by each
Parties ;
d) the procedures for measuring traffic and pricing
provision of services, invoicing procedures
and settlement. In the absence of a catalog of inter
connection or for services not listed
to the interconnection catalog, the applicable tariffs

The refusal of interconnection is justified and notified to the
applicant and agency. Otherwise, the agency
can ask any operator, after having offered to
this opportunity to be heard, to provide
required electronic communications equipment
to the interconnection and this in accordance with the
positions of this law.
Article 39: When the agency makes the request or on
demand, providers of public transport
electronic communications:
- establish physical connections with others
holders of licenses for the provision of
public electronic communications services;

2742
Page 12

Official Journal of the Republic of Congo

they are annexed to the convention;
e) notification procedures and contact details
authorized representatives of each of the parties
for each area of ​expertise;
f) compensation rules in the event of default
one of the parties;
g) procedures for settling disputes with mention, in the event of failure of negotiations between the parties
ties, compulsory recourse to the agency.

interconnection and access, one or more of the
following gations, proportionate to the achievement of
objectives mentioned in paragraph 3:
a) make public information concerning the
connection or access, including posting a
detailed technical and price offer for interconnexion or access when subject to obligations
gations of non-discrimination. The agency can
impose, at any time, modifications to a
such offer to bring it into conformity with the
positions of this law. The operator commuto this end to the agency, any information
necessary ;
b) provide interconnection or access services
under non-discriminatory conditions;
c) grant reasonable requests for access to
network elements or means therein
associates;
d) not to charge excessive or predatory tariffs
on the market in question and apply reflected tariffs
both the corresponding costs;
e) isolate certain activities from the accounting standpoint
interconnection or access matters, or hold a
accounting for the services and activities that
checks compliance with obligations
imposed under this article; respect for
these prescriptions is verified, at the expense of the operator, by an independent body appointed by
the agency;
f) respect, where appropriate, in the circumstances
exceptional, all other defined obligations,
with a view to removing or reducing obstacles to
development of effective competition identirelied upon during the market analysis provided for in Article 42
of this law.

Chapter 3: Market identification
relevant and holding power
significant in a relevant market
Article 42: The agency determines, in particular with regard to
obstacles to the development of competition
effective, relevant markets in the communications sector
electronic communications.
To do this, the agency:
a) collects information on each identified market
tified to measure dominance;
b) consults the players in the communications market
concerned on the relevance of the markets, in
view to analyze these markets;
c) defines the criteria for measuring dominance;
d) carry out consultations with market players
communications concerned on the obligations to
impose on operators with power
significant for each relevant market.
After having analyzed the state and the foreseeable evolution of the
competition in these markets, the agency draws up the list
operators reputed to exercise significant influence
tive on each of these markets, within the meaning of the provisions
the following paragraph.

The obligations provided for in this article are established,
maintained or discontinued, taking into account the analysis of
market provided for in article 42 of this law.

Is deemed to have a significant influence on a
electronic communications sector market
any operator who, taken individually or jointly
with others, is in an equivaslow to a dominant position allowing it to
behave independently of their
competitors, its customers and users.

In its assessment of the proportionality of
access obligations that it is likely to impose in
application of paragraph 1 above, the agency takes
in particular in consideration of the following elements:

In this case, the operator may also be deemed
exert significant influence in another market
closely related to the first.

a) the technical and economic viability of the use
or the establishment of competing resources,
given the pace at which the market is changing and
the nature and type of interconnection and access
concerned;
b) the degree of feasibility of providing pro-access
posed, taking into account the available capacity;
c) the initial investment made by the owner
resources, without neglecting the inherent risks
to investment;
d) the need to preserve long-term competition
term;
e) where applicable, any property rights
relevant intellectual.

A regulatory text specifies the conditions for recognizing
duction and periodicity of the analyzes mentioned in
first paragraph.
Article 43: The agency fixes the obligations of the operators
deemed to exert a significant influence on a
electronic communications sector market.
These obligations apply for a determined period of time.
mined set by the agency, provided that a new
analysis of the relevant market, carried out in application
of article 42, above, do not render them null and void.

Article 45: The operator with significant power
ficative is required to publish annually a technical offer
interconnection tariff and tariff which includes its
price log as well as technical services
offered. The offer must contain at least the services
the following:

Chapter 4: Obligations of
dominant operators
Article 44: Operators deemed to exert influence
significant in a market of the communications sector
electronic conditions may be imposed on

From Thursday 3 December 2009
Page
13

a) switched traffic routing services (termiconclusion and initiation of appeals);
b) leased lines;
c) interconnection links;
d) additional services and execution methods
of these services;
e) description of all the interconnexion and conditions of access to these points, to
end of physical co-location;
f) full description of the interconproposed nexion and in particular the protocol
signaling and possibly the methods of
encryption used for these interfaces;
g) the technical and price conditions of the selection
tion of the carrier and portability.
Offers must be as detailed as possible in order to

N ° 49-2009

Official Journal of the Republic of Congo

will be open to interconnection.
However, when the predictable traffic routing
operators from or to
subscribers connected to a switch from said list on
justifies, the operator is required, at the agency's request,
to establish a transitional offer for this switch.
Such a transitional offer will allow the operator
requestor to have pricing aimed at
reflect the costs it would have incurred, in the absence of
technical access constraints, to route
communications to or from a
share of subscribers connected to this switch and,
on the other hand, subscribers who would have been accessible
without going through a hierarchy switch
superior.

2743

make interconnection contract negotiations
easier and more convenient.

Powerful operator offers interconnection to a
technically feasible point on the compliant network
under the conditions of the license and in such a way that
the requester can choose the best configuration.

The agency can ask the operator with a
significant power to add or modify
services listed in its offer, when these additional
or these modifications are justified with regard to the
implementation of the principles of non-discrimination and
orientation of interconnection tariffs towards costs.

Article 48: Powerful operators are required to join
dre to the interconnection catalog project submitted to
the agency a detailed presentation justifying the main
paux proposed rates.

Transparency obligations in accordance with
international best practices can be
imposed by the agency.

The agency ensures the validity of the methods and data
borns used. If necessary, she asks the operato adjust his calculations to correct the errors identified
tified.

From the opening of fixed network services to competition
nence, the interconnection offers of the operators
with significant power will also have to
provide the following services:

If an operator does not provide the supporting documents
required, the agency can take its place to assess
assess the costs on the basis of the information in its possession.
if we.

a) billing services on behalf of third parties;
b) an alternative co-location offer, established at the
request from the agency, if it has been proven that the
physical location is technically unrealistic.
sand;
c) the technical and financial conditions of access
to the operator's resources, in particular those
relating to the unbundling of the local loop, in view of
the offer of electronic communications services
nics.

The agency ensures that the pricing of access and
interconnection, with regard to operators
powerful is a function of cost and that, where applicable,
the royalties to be paid by the user do not play a
dissuasive role.
Article 49: Operators with power
significant must set up accounting
analytical for regulatory purposes.

Interconnection catalogs approved by the agency
are available on the sites of powerful operators
and accessible through a web link available on the
agency website.

Cost accounting must present accounts
segregated in accordance with best international. It is also recommended that the accounts
relating to regulated activities and activities not
regulated are separated.

Article 46: Operators with power
significant are required to respect the principle of
discrimination and apply the same conditions in
equivalent areas and provide others with
services and information under the same conditions and
qualities than those they provide for their own
services, or for those they provide for their
subsidiaries or partners.

Accounting must be by activity.
Cost accounting must be audited annually
ment by an independent body selected by
the agency at the expense of the operator with
significant. It must allow the agency to publish
a nomenclature of costs before submitting the
technical and price offers for approval.

Article 47: The agency ensures that any technical offer
and operator interconnection tariff includes
the list of connection switches must be
ment of subscribers who are not normally open to
interconnection for technical and security reasons
justified, as well as the provisional timetable
according to which the relevant subscriber switches

Pending the establishment of analytical accounting
tick, interconnection tariffs must be calculated
according to the following recommendations:
a) use of a regional benchmark;
b) use of an existing cost calculation tool;

2744
Page 14

Official Journal of the Republic of Congo

c) use of the market data base
to set the appropriate rate of return based on
cost of capital;
d) use, for the calculation of the cost of capital pronear, of the hybrid method known as the equilibrium model
financial assets.

premises, secure energy supply, air conditioning
station and return cable.
The agency prevents any barrier to entry inherent in the
co-location and offers solutions to related conflicts
as soon as possible.

Article 50: Powerful operators respect the
principle of orientation towards relevant costs.

The agency makes a decision on the minimum conditions
males which must be respected in any offer of colocation and this after consultation with the
operators of public electric communications networks
tronic. These conditions may, in particular, be
translate into the specification, at the level of any
co-location, of:

Relevant costs include:
a) general network costs, i.e. relating to
network elements used both by the operafor services to its own customers and for
interconnection services;
b) costs specific to interconnection services,
that is to say directly induced by these only services.

a) information on co-location sites;
b) precise locations of relevant sites of
the operator offering co-location;
c) publications or notifications of the list of
updated locations;
d) indications on the availability of possible solutions
spare parts in case of unavailability of space
physics of co-location;
e) information on types of co-location
available and on the availability of facilities
electrics and air conditioning on the sites as well
than on the rules applicable to the subletting of
the co-location space;
f) indications on the time required for the study of
feasibility of any co-location order;
g) information on the characteristics of
equipment 'and, where applicable, restrictions
concerning the equipment that can be colocalized;
h) measures to be taken by operators
offering co-location to guarantee the safety of
their premises and for the identification and resolution
of problems;
i) access conditions for operators' staff
competitors to locals;
j) conditions under which operators compete
rents and the regulator may inspect the sites
on which a physical co-location is
impossible, or those for which co-location
was refused due to insufficient capacity.

Irrelevant costs include specific costs
for services other than interconnection.
The relevant costs must take into account the efficiency
long-term economic city, in particular take into account
investments necessary to ensure the renewal of
development and extension of the network in a perspective
maintaining the quality of service. They incorporate the cost
return on invested capital.
Article 51: Powerful operators are required to understand
inform the agency, at least once a year, of the
basic mations required for checking the calculation of
interconnection costs. The agency establishes and communicates
operators the detailed list of information to
provide. She updates it periodically by keeping
takes into account, in particular, work on the harmonization of
calculation methods.
Powerful operators are required to allow the accession of duly authorized staff or agents of the
to their facilities and their IT system.
tion in order to check the validity of the information
received.
The agency is required to respect the confidentiality of
non-public information to which it has access in
as part of the audit of interconnection costs.

Chapter 5: Settlement of disputes
interconnection

Article 52: The co-location service is an obligation
gation for powerful operators and a technical
co-location fee and fee, not including
no barrier to entry of competitors, is included in
the interconnection catalog and in the
unbundling for the purpose of unbundling.

Article 53: Notwithstanding the provisions of Title XII above
below, disputes relating to interconnection refusals,
interconnection conventions and catalogs and
conditions of access are brought to the agency.
The agency makes a decision within three months, after
having asked the parties to present their observations
tions. However, this period can be extended to six months
when it is necessary to carry out investigations
additional expertise and expertise. His decision which is
reasoned, specifies the equitable conditions, of a technical nature
nical and financial, in which the interconnection must
be assured. Disputes are brought before the
competent courts.

The agency ensures that:
a) in the event that the physical co-location is
impossible for a valid reason, such as
lack of space, an alter co-location offer
native should be done by powerful operators;
b) it has a "cartography" of the centers to
routing autonomy open to interconnexion and offering the possibility to competitors of
co-locate there.

In the event of a serious and flagrant breach of the rules governing
the electronic communications sector, the agency
may, after requesting the parties to present
their observations, order provisional measures

The agency anticipates the problems related to access to

From Thursday 3 December 2009
Page
15

N ° 49-2009

Official Journal of the Republic of Congo

appropriate in order to ensure the continuity of the
development of networks and services.

2745

- stations exclusively composed of devices for
low power and short range, the categories of which
gories and technical operating conditions
are determined by regulation;
- stations temporarily installed in Congo
belonging to categories determined by
regulatory.

TITLE IV: TERMINAL EQUIPMENT
OF ELECTRONIC COMMUNICATIONS
Article 54: Terminal equipment intended to be
connected to a network open to the public and
radio equipment is subject to
approval by the regulatory agency.

Article 59: Radio transmitting stations shall not
must be the cause of no discomfort for the posts
neighboring receivers.

The purpose of the approval is to guarantee compliance with the requirements
essential gences and to check the conformity of
equipment to standards and technical specifications
in force in Congo.
Article 55: The agency determines the approval procedure
national and international as well as the conditions of recognition
standards and technical specifications.
It also determines the types of equipment for
electronic and radio communications
tion requiring a technical qualification for their
connection, commissioning and maintenance,
as well as the criteria and procedure for admitting
people called upon to carry out this work.

Article 60: In order to ensure optimal use of
available sites allowing to reach the best
overall electromagnetic compatibility, the operaconditions of implantation, transfer or modification of
radio stations, which may pose a risk
harmful interference or consequences
harmful to the environment, are not
only after agreement from the agency.
The agency's agreement or refusal is notified upon request.
due within a maximum period of two months. The refusal is
motivated.
Article 61: In the event of interference caused by stations
radio transmissions, the agency may prescribe
any technical provision to remedy it.

In the absence of technical standards and specifications,
the agency applies Union standards and specifications
International Telecommunications.

TITLE V: RARE RESOURCES
Chapter 1: The composition of
scarce resources

Article 56: The establishment and operation of an installation
lation or radio station allocated to
civilian needs in order to ensure either the emission or the
both the transmission and reception of information and
spondances are subject to the following conditions:

Article 62: Scarce resources are made up of
spectrum of radio frequencies, numbers and
addresses.

- the establishment and operating license issued
by a competent authority according to the provisions
Articles 20 and 21 of this law;
- assignment of one or more frequencies
radio by the agency;
- compliance with the conditions linked to the authorization and
in particular those relating to essential requirements
tials;
- the exclusion of radio signal transmissions parasitic parasites that can disturb other
radio services, networks, installations and stations
cakes.

Chapter 2: Management objectives
of the frequency spectrum
radio
Article 63: The management of the frequency spectrum continues
the efficiency objectives:
(a) economic, in particular that, on the market, the attribution
bution of frequencies to users, depending on
of uses, results in an increase
tion of the value provided by the resource; than
frequency allocation reacts to changes
markets and technologies with speed and
flexibly; that new services can
be adopted when they become technically
and commercially viable; and that the obstacles to
access and any other constraint contrary to a
efficient economic activity is limited;
b) technical, promote the development and introdevelopment of new techniques allowing
to save the spectrum, when the cost of the said
techniques is justified by the value of the savings
carried out as well as intensive use of
availability of limited frequencies, in the
compliance with defined technical constraints account
given interference considerations.

Article 57: The agency determines the categories of facilities
radio transmissions, the handling of which
requires the possession of an operator certificate
radiotelegraph operator or radiotelephone operator and the conditions
obtaining this certificate.
The agency exercises permanent control over the conditions
technical and operating conditions of radio stations
private tricks of all categories.
To this end, its representatives may, whenever
circumstances require, enter the stations
transmitters.
Article 58: The approvals provided for in arArticle 12 of this law:

The management of the frequency spectrum complies with the
general policy of the public authorities in terms of
frequency management, in particular the correct function

2746
Page 16

Official Journal of the Republic of Congo

development of national defense services,
emergency services and other public services and any changes
cation made to the use of frequencies must
respect, in any event, international obligations
national and regional.

to ensure either the issue, or both the issue and the
reception of signals is subject to authorization
issued by the regulatory agency.
Chapter 5: Fees and charges
of the spectral resource

Chapter 3: Management and control
of the frequency spectrum
radio

Article 69: Use of the frequency spectrum
radio stations is subject to the payment of fees,
taxes and fees.

Article 64: The Government's policy on
frequency spectrum management and control
radio is defined by the ministry in charge
electronic communications.

Article 70: When demand exceeds supply
and when we do not have recourse to the transfer to
auction, the agency has a system of determination of annual frequency fees.

The implementation of this policy is ensured by
the agency.

The determination of the method of calculating this redevance should be based on the opportunity costs of the
spectrum and can also take into account the objectifs defined by the State.

Article 65: The agency ensures that all users,
whatever the category considered, are encouraged or
brought in case of need to optimize the spectrum they
occupy.

Article 71: When the request is not greater than
supply, the price may be equal to the cost of processing the
request or an amount compatible with the policy
of public authorities.

It manages the spectrum in ways that promote
flexibility while remaining compliant with
radiocommunication of the International Union of
Telecommunications.

In the majority of frequency bands where the
demand is greater than supply, the agency ensures that,
to obtain the right to use the spectrum, either
applied the principle of paying a specific price
by competition or according to the policy of
authorities.
In all cases, the agency takes into account the other
potential uses of a given spectrum block,
that is, when the opportunity cost is greater than
zero.

Article 66: When the needs of the Government,
surrounding a given frequency band, are zero or
negligible, the frequencies in question may be
permanently allocated for civilian uses
after final renunciation by the Government.
Article 67: Management of the frequency spectrum
radio stations is the subject of a national
frequencies established by the agency and approved by
regulatory.

Article 72: The rates and methods of recovery
annual fees and royalties on the use of the specbe radio frequencies are fixed by a
regulatory text.

The plan established by the agency is consistent with the plan
international frequency bands of the Union
International Telecommunications.

A regulatory text establishes the list of users of
radio frequencies exempt from payment of
fees and charges or benefiting from reduced
both fees and charges.

The national frequency band allocation plan
radio contains:
a) the distribution of radio frequency bands
between the needs of national defense and
public security on the one hand and the needs
civilians and commons on the other hand. By needs
muns, the frequency bands for
to be used for both applications
civilians and for national defense;
b) the distribution of radio frequency bands
allocated to civilian needs on the difdifferent uses, respecting in particular
the needs for the operation of the communication networks
electronic communications open to the public.

TITLE VI: NUMBERING
AND ADDRESSING
Chapter 1: General principles
Article 73: The rules defined in this law for
the use of telephone numbers and addresses register
within the framework of the opening of the market to the free concurrence.
These rules concern in particular the creation and management of
tion of the national numbering and addressing plan, the
implementation of a procedure for requesting attribution
tion and reservation of numbers and addresses, the planning
fication of the direct allocation of numbers and addresses
its intended for end-users, it determined
tion of numbering and addressing costs as well as
roaming, portability, migration, tariffs, communication
currence and harmonization.

The agency maintains a national assignment table
frequencies.
Chapter 4: Applicable procedures
management of the frequency spectrum
radio
Article 68: Save exception defined by regulation
silence, the use of radio frequencies with a view to

From Thursday 3 December 2009
Page
17

N ° 49-2009

Establishment of the national numbering plan and

Official Journal of the Republic of Congo

addressing, control over the assignment of all
national numbering and addressing resources
as well as the management of the national numbering plan and
addressing are entrusted to the agency.

2747

short and specials reserved for emergency services,
information services, services
operators, user assistance services
and ensures that prefixes and numbers or blocks
numbers can be allocated to operators
of electronic communications open to the public
under objective, transparent and
non-discriminatory;
- the definition of the plan takes account of the opinions of the operaters and users;
- the plan is accompanied by a coherent, clear and
published;
- the plan takes into account international standards
applicable, particularly in terms of access to the
international vice and takes into account the needs
neighbors who are both on the same continent
only in the rest of the world;
- the plan is not anti-competitive for operaproviders of electronic communications;
- the plan is not anti-competitive for users
teurs;
- the plan is suitable for adequate management;
- the plan is scalable and provides for a sufficient reserve
to meet any unforeseen need.

Article 74: The agency ensures that the numbers and
addresses and series of numbers and addresses
adequate are reserved in the national
dialing for all communications services
electronic accessible to the public. However, in the ininterest of national security, the ability to number
tion intended for defense and security purposes is not
not made public.
The main elements defined in paragraph 1 are public
and available from the agency on request,
and published in an official and transparent manner.
Article 75: The procedure for allocating the capacity of
numbering and addressing takes place in a
transparent and non-discriminatory, according to criteria
Goals. The same is true of the principles of reservation.
tion, allocation and possible withdrawal.
Article 76: The agency ensures the proper use of prefixed numbers, blocks of numbers and assigned codes.

Article 80: Addresses, numbers and number blocks
cannot become the property of applicants or
end users. They are allocated after reservation,
by the agency or by the structure designated by it for
ensure the management of the national numbering plan and
addressing, for an unlimited period that corresponds to
the duration of operation of the service or application.

These cannot be protected by a right of protection.
industrial or intellectual property.
They can only be transferred after agreement
of the agency or structure designated by it for
ensure the management of the national numbering plan and
addressing.

When the applicant cedes the operation of its service
of electronic communications for which the capacity
numbering or addressing city is assigned, this
numbering or addressing capacity is allocated
to the assignee provided that the latter is authorized to
operate the service and a statement to that effect
has been submitted to the agency beforehand.

Article 77: The agency ensures that the management of the plan
national numbering and addressing system allows
publication of number directories and access to
directory inquiry services.
The agency is responsible for editing the directory
unique. Operators of services open to the public
are required to provide them with data on their customers
and to facilitate the publication of this directory.

Article 81: Any information concerning the reservation,
allocation and withdrawal of numbering capacity
or address is public and must be available, on
simple request, from the agency or the structure
ture designated by it to ensure the management of the plan
national numbering.

Article 78: The agency ensures that the national plan of
numbering and addressing and associated procedures
be implemented in such a way as to ensure the equality of
treatment of all communications operators
electronic accessible to the public.

Chapter 3: Methods and procedures
management of the national numbering plan
and addressing

The agency also ensures that a lacquer business
A range of numbers or addresses is assigned
does not discriminate to the detriment of others
electronic communications operators with regard to
concerns sequences of numbers or addresses
used to provide access to their services.

Article 82: A regulatory text specifies the procedures
management procedures for the national numbering plan and
addressing. In particular, it defines the procedures relating to
tives to the following points:
- the reservation of numbering capacity and
addressing;
- the allocation of numbering capacity and addresses
wise;
- the provision to a third-party operator of
numbering and addressing city;
- the transfer of numbering and address capacity
wise;
- repeal and withdrawal of the award decision
numbering and addressing capacity.

Chapter 2: Management principles
of the national numbering plan
and addressing
Article 79: The agency ensures that the management of the plan
national numbering and addressing respects
following key points:
- the plan is sustainable and balanced;
- the plan takes into account the needs of the numbers

2748
Page 18

Official Journal of the Republic of Congo

Chapter 4: Reservation fees
and allocation of numbering capacity
and addressing

N ° 49-2009

be set up to meet the needs of
unserved and / or underserved areas.
The State takes measures to guarantee at least:

Article 83: The allocation and use of the capacities of
numbering and addressing are subject to
payments of fees, duties and royalties.

- availability throughout the territory
national broadband infrastructure for
voice, data and video transport;
- satisfaction by at least one operator of
requests for connection to an access network of
electronic communications, regardless of
geographic location, under tariff conditions
affordable;
- access to the directory and to information services
telephone calls;
- access to emergency services;
- the availability of a full range of options
quality paid public access including
especially public telephones, televisions
public centers and polyvalid, under reasonable conditions in terms of
of number as well as of geographical distribution and
affordable pricing conditions;
- access to high-speed Internet in schools, forhealth services, security services,
town halls, libraries and other community centers
nautical;
- access to broadband services in the offices of
post with universal postal service missions;
- the existence of content, applications and services
adapted to local needs;
- accessibility to a training offer that can
promote the appropriation of information technologies
communication and communication by all means
posantes of society;
- the taking of specific measures in favor of certain
certain social groups, when necessary
sary.

The amount and terms of payment of these costs,
fees and royalties are set by regulation.
The agency can, under objective conditions, transpaannuities and non-discriminatory, authorize the surcharge of
some numbers.
Article 84: No withdrawal of the numbering capacity
or reserved or assigned addressing does not give rise to
any compensation or reimbursement
part or all of the rights mentioned in
this chapter.
TITLE VII: OBLIGATION OF ACCESS
AND UNIVERSAL SERVICE
Chapter 1: The role of public authorities
Article 85: The public authorities guarantee the conditions
necessary for the development of access and
universal services for:
- stimulate economic growth, employment and
development;
- improve the provision of public services, in particular
ment in the fields of health, education
and rural development;
- promote political and social cohesion by making
so that the citizens who live in the communities
rural and isolated nauticals are also in
able to benefit from the development potential
economic and social technologies offered by
information and communication.

Article 88: The State takes care to carry out consultations
public as often as possible with the parties
stakeholders in order to identify their needs and propose
as a result the modification of policies,
regulations and practices to ensure access
and universal service.

Article 86: The State defines a policy of access and
universal service as well as the objectives to be achieved.
The agency implements this policy.
Article 87: When it is necessary for the intercome in the provision of universels, it defines:

Article 89: The agency takes care to gradually lift all
regulatory obstacles and to avoid interventions
likely to distort competition or reduce the
market capacity to provide universel to the greatest number in order to:

- public access strategies which must be examined
born, in addition to universal service strategies
private, for domestic purposes;
- strategies based on prescriptions and
“pay and play” incentive measures which must be
employees. At the same time, when possible
ble, operators must be encouraged to invest
in the regions and for rural populations,
remote and low-income;
- regulatory reforms that can be
used as a first step in order to achieve
dre universal access, recognizing that
following steps may be necessary to
achieve uniform access to communications
electronic devices, in rural areas or for
users with specific needs;
- appropriate licensing schemes
for rural service providers who can

From Thursday 3 December 2009
Page
19

- to promote practices of attribution of
technologically neutral licenses that allow
service providers to use technology
cost-effective way to provide services to users
teurs;
- adopt a transparent interconnection framework and
non-discriminatory to link interconnexion to costs;
- reduce the weight of regulations to make
lower the costs of providing services to users
final assessors;
- promote competition for the supply
a full range of services to promote
access, affordability, availability and
the use of information and communication technologies
communication;

Official Journal of the Republic of Congo

- extend the coverage and use of
electronic communications through
multi-investor partnerships, notwithstanding the initiacomplementary government activities that
promote programs financially
sustainable, particularly to bridge the gap
ferential of the market that may exist;
- facilitate the use of all means of support,
whether by lines, current lines, cables or
well by wireless technology, or any other technew nology.

2749

electronic cations subject to contribution.
Article 94: The resources of the fund may also
arise from :
- donors, public or private, wishing to
contribute to the development of communication services
electronic communications in Congo in areas
disadvantaged or isolated;
- local authorities wishing to promote
the development of electronic communications
in their constituencies.

Chapter 2: Access to infrastructure
electronic communications

Article 95: The fund management methods are
determined by regulation.

Article 90: The modalities of implementation of the access and
universal service are set by regulation,
especially :

TITLE VIII: OCCUPATION OF THE DOMAIN
PUBLIC AND SERVITUDE ON
PRIVATE PROPERTY

- the objectives referred to in article 89 of this law;
- the modalities for the provision of access and
universal vice;
- minimum quality of service;
- the rules for defining and adjusting prices for
providing universal access and service;
- the provisions concerning the financing or
compensation for the provision of access and
universal service.

Article 96: The operators of communication networks
electronic communications open to the public benefit from a
right of way over public property and easements
on the private properties mentioned as such, in
the conditions indicated in this title.
Article 97: Any authorization for establishment and
maintenance of reception infrastructure is completely out of date
right if it is not followed by a start of execution
within six months of the date of signature or within
three months from its notification.

Chapter 3: Access Fund
and the universal service of
electronic communications

Chapter 1: Occupation of the domain
non-road public

Article 91: A fund for access and service is created
universal electronic communications.

Article 98: Concession or management authorities
of the non-road public domain, when they give
have access to communication network operators
electronic operations, must do so in accordance with
provisions provided for by the regulations in force,
under transparent and non-discriminatory conditions
roofs and to the extent that this occupation is
not incompatible with his assignment or with the
cities available.

This fund is intended to help finance
the achievement of the objectives listed in article 89 of the
this law, for the benefit of the entire population,
regardless of geographic location,
when these goals cannot be achieved without
grant.
Article 92: The fund is supplied by contributions
paid by all network operators
open to the public and service providers to the
public.

The conditions giving access to the non-public domain
road vehicles may not contain provisions relating to
commercial conditions of operation.

Article 93: The annual amount of contributions paid
by operators and service providers
open to the public under the financing of access and
universal service is set by regulation on
based on a percentage of the turnover of these operations
suppliers and suppliers, carried out as part of the relebefore the license, authorization, approval and
the declaration they hold or the declaration
tion object of these services.

Article 99: The installation of infrastructure and
equipment must be carried out with respect for the environment.
sound and aesthetic quality of the premises and in
the least damaging conditions for products
private properties and the public domain.
Chapter 2: Occupation of the domain
public road

However, this amount may be determined, on a transfor the first two years of activity, by the
specifications of the operators or by the accused of
receipt of the declaration.

Article 100: The operators of networks open to the public
blic can occupy the public road domain, including
setting up works insofar as this occupation
pation is not incompatible with his assignment.

To allow the calculation and control of the contribution,
the operators and service providers concerned isoslow in their commercial and general accounts
accounting operations, in particular invoicing and
collections, relating to communication services

The work required for establishment and maintenance
networks are carried out in accordance with the regulations
tation in force.
Article 101: The occupation of the public road domain is

2750
Page 20

Official Journal of the Republic of Congo

subject to an authorization, issued by the competent authority
tent, depending on the nature of the route taken, in the
conditions set by the regulations in force.

if applicable, the specific public service mission entrusted
to this third party.
Article 106: The implementation of the easement is subject to
given to an authorization issued by the authorities
competent after the owners or, in the event of
co-ownership, the trustee, representing the co-owners,
has been informed of the reasons justifying the institution of
easement, the choice of its location and put to the same,
within a period which cannot be less than one month,
to comment on the project.

The authorization may specify the installation requirements
operation and operation necessary for traffic
public and road conservation.
The competent authority must take all necessary steps
useful to allow the fulfillment of the obligation
to ensure the universal service of electronic communications
tronic. It cannot stand in the way of the right of passage
wise to the operators of networks open to the public that
in order to ensure, within the limits of its competence, the
compliance with essential requirements, protection of the
environment and compliance with town planning rules.

Work cannot begin before the expiration of
this delay.
Disputes are brought before the court as
fart.

Article 102: When it is found that the right of passage
operator can be assured, under conditions equivalent to those which would result from an occupation
operation authorized, by the use of existing installations
aunts of another occupant of the public domain and that
this use would not compromise the mission propublic service provider of this occupant, the competent authority
tent can invite both parties to come together to
agree on the technical and financial conditions of a
shared use of the facilities in question.

Article 107: When it is found that the easement of
the operator on private property can be insured,
under conditions equivalent to those resulting
would benefit from this easement, by using
of the existing installation of another beneficiary of
easement on the property concerned and that this use
tion would not compromise, if necessary, the mission
own public service of the beneficiary of the easement,
the competent authority may invite the two parties to
reconcile to agree on technical conditions and
financial support for shared use of facilities
in question.

In this case, the owner of the hosting facilities
the authorized operator assumes, unless otherwise agreed
contract, maintenance of infrastructure and
equipment that uses its facilities and that
are placed under his responsibility, with
payment of a contribution negotiated between the two
parts.

In this case, the owner of the hosting facilities
the authorized operator assumes, unless otherwise agreed
contract, maintenance of infrastructure and
equipment that uses its facilities and that
are placed under his responsibility, with
payment of a contribution negotiated between the two
parts.

In the event of a dispute between operators, the agency can be
seized under the conditions set out in Title XII of the
this law.

In the event of a dispute between operators, the agency can be
seizure, under the conditions set out in this law.

Article 103: Authorization is issued upon request
operators, by the competent authority which
pronounces within a time limit determined by the regulations
in force.

Article 108: Installation of the works provided for in
this chapter may not constitute an obstacle to the rights of
owners or co-owners of demolishing, repairing, modifying
er or close their property.

The authorization may not contain provisions relating to
under commercial operating conditions.

However, the owners or co-owners must,
at least three months before starting work
likely to affect the works, notify the beneficiary
of bondage.

The authorization gives rise to the payment of royalties
according to the regulations in force.
Article 104: A regulatory text determines the
modalities of application of this chapter.

Article 109: When, for the study, realization and
the operation of the installations, the introduction of
agents, licensed operators on properties
defined above is necessary, it is, to
lack of amicable agreement, authorized by the president of the
tribunal de grande instance, ruling as in matters
summary, which ensures that the presence of agents is
necessary.

Chapter 3: Bondage on a
private property
Article 105: The easement is instituted with a view to permitting
be the installation and operation of the equipment of
networks:
- in parts of apartment buildings and
allotments assigned to common use;
- on the ground and in the basement of properties not
built;
- above private property insofar as
the operator is limited to using the installation of a third party
benefiting from easements without compromising, where

From Thursday 3 December 2009
Page
21

N ° 49-2009

Article 110: The beneficiary of the easement is responsible
reliable of all damage that originates
in network equipment.
He is required to repair all direct damage
and some, caused both by installation work and
maintenance only through the existence or operation of

Official Journal of the Republic of Congo

2751

works.
In the absence of an amicable agreement, the compensation is fixed by the
court of expropriation seized by the most
diligent.

tion to a connection agreement.

A decree in the Council of Ministers determines the conditions
terms of application of this chapter.

Article 113: A supplier of a public transport service
electronic communications has the obligation to provide
user signaling tone and service
through which the call recipient can see the number
calling before answering the call.

TITLE IX: PROVISIONS CONCERNING
THE INTERESTS AND RIGHTS OF
END USERS

Chapter 3: Identification of the
calling number

Chapter 4: Contracts
Chapter 1: Principles
Article 114: The supplier of a public transport service
electronic communications draws up standard contracts
for the connection of subscribers and uses terms
standards when establishing agreements with users
teurs.

Article 111: In the event that the users are not
end users, the provisions of this Title apply
appeal to stakeholders of any
agreement, if however these parties have not agreed
on the contrary.

A provider of a public communications service
electronic must publish the terms of standard contracts and
service rates and ensure that they are easily
available to users and free of charge.

Unless otherwise provided for by this act, a subscriber or other
user of a communications system or service
electronic cannot be refused a service provided
by an authorized supplier or be disconnected from it.

A provider of a public communications service
electronic must send the draft standard contracts
to the agency for approval prior to use.

An operator must:
a) make available all the systems and services of

Article 115: Contracts for connections
subscriber to the public electronic communications network
nics and to receive any other service from
communications are made in writing. The contract may
also be done electronically, provided that the
content of the electronic contract cannot be modified
without the consent of the other party and there remains
available to both parties.

electronic communications that he could
provide anyone wishing to subscribe to
these systems or services;
b) ensure that all rates, charges, practices and classes
sifications are fair and reasonable;
c) provide efficient services that comply with
quality standards generally accepted by the inindustry;

The contract must be sent for signature to the user
within five working days of an order
on duty. The user has the right to cancel an order
within twenty working days. If the contract
signed has not been returned to the service provider
public electronic communications within this period
of twenty working days, the user cancels the order and the
public service provider of electronic communications
tronic cannot claim any costs for this
period.

d) notify the agency and publish by notice in the
media when services need to be interrupted
for installation, repair or change
equipment;
e) establish an effective mechanism for receiving
complaints and repair failures of systems or
electronic communications services;
f) comply with the provisions of this act,
regulations under this act, the terms and conditions
license terms;

The contract must specify the name and references of the supplier
public service provider of electronic communications
nics including, but not limited to the following:

g) adhere to all directives that the agency is responsible for
petente to issue.
Chapter 2: The right to deposit
or security

- the validity of the contract;
- the nature of the services and types of maintenance service
provided;
- the date of the subscriber connection;
- the basic price of the services or the applicable tariffs;
- the procedure for terminating the contract and the reasons
to put an end to it;
- penalties for any error or delay;
- the user's right to obtain information on the
calculation of his bill;
- the procedure of information, of the user, of
amendments to the terms of the contract;
- the rights of the user if the conditions of the contract
are modified;
- penalties for non-payment;
- the user's right to complain about a
bill ;

Article 112: The operator of a communication service
electronic notices is entitled to demand from a user
a reasonable deposit or security for
payments under the connection agreement
subscriber to the network, but only for reasons
special, including that concerning an insolvency
foreseeable or other comparable circumstance.
In the event of the special circumstances referred to in paragraph 1,
the operator of the electronic communications service
has the right to impose a reasonable balance sheet,
as well as a deposit or a security, as condi-

2752
Page 22

Official Journal of the Republic of Congo

- the right of the provider of a public transport service
electronic communications to complete the supply
service or restrict its use.

If the dispute concerns invoicing, the operator must not
not cut the service to the user if the user pays the
undisputed part of the invoice.

In addition, the contract must state the user's right
to refer to the decision of the authority concerning a listem relating to the contract.

Article 118: An operator of a public transport service
electronic communications can close or restrict
temporarily the use of a subscriber connection
born out of network without user consent if this
is necessary for the construction or maintenance of the
network. The interruption will be made in a manner which
causes a minimum of possible inconvenience to the user.
and will be well announced in advance to the extent
possible.

The standard conditions established for the supply of
public information and communications services
are published by the public service provider of
electronic communications on its website or any other
carries what other reasonable way and be given to
the user together with the contract to be signed.

If a subscriber connection is closed for more than
48 hours in a calendar month for reasons of connetwork structure or maintenance work or a
fault in the information and communication network
tion, the provider of information and
communication must reimburse the user, on
request, monthly rental for a month or will pay
a reasonable reimbursement equivalent.

The terms of a subscriber connection contract to
public communications network and other contract for
receive a public service of electronic communications
nics should not limit the user's right to:
- choose a content service provider;
- connect any radio device or equipment to the network
electronic communications terminal which is
approved for this purpose;
- connect to a public communications network all
communications network internal to a property
or a building, which meets the requirements of this
law.

However, the repayment obligation referred to in
paragraph 2, does not apply if the defect is caused by:
- a natural phenomenon or any other force majeure
and, if the provider of the information and
communication demonstrates that measures
reasonable were taken without it being possible
to repair the defect within 48 hours;
- negligence on the part of a user or a persounds different who used the hookup
subscribers;
- the poor operating condition of
terminal equipment or wiring in the premises.

Article 116: A supplier of a public transport service
electronic communications may change the price and
other terms of a contract for a connection
subscriber only:
- for reasons indicated in the conditions of
contract, assuming that the content of the contract does not
not essentially change overall; on the
basis for a change in legislation or
consequent decision of the authorities;
- for any other special reason due to a change importantly of the circumstances.

Article 119: At the request of the user, the supplier
electronic communications services must be
open a closed subscriber connection or raise a
restriction on use as soon as the restriction on use
tion or when the subscriber connection is closed.
more justified.

The user has the right to notify the termination, with immediate effect.
diat, of the contract on a subscriber connection to the
public communications network or any
other contract to receive an information service and
communications if the information and
communications notifies that it has modified the terms of
the agreement.

A provider of an electronic communications service
tronics has the right to charge a reasonable fee for
reopen a subscriber connection or remove a restriction
tion on use.
Article 120: The operator of a communication service
electronic connections has the right to terminate the connection
if the user has not paid an invoice despite a report
pel that was sent no earlier than fourteen days
after the invoice was due and fourteen days after
sending the reminder.

An operator of a public communications service
electronic must inform the user of the change
of the conditions and content of the contract, within a
one month before the changes come into force
intervened.
Chapter 5: Processing of complaints

At the request of the user, the provider of a service
public electronic communications must, without
thinking, prohibit the use of a connection
of subscribers if it is technically easy to implement
vre. If the ban is lifted at a later date at the request of
the user, the information and communication operator
tion may charge a fee to do so.

Article 117: Public transport operators
electronic communications establish and maintain a
method of handling complaints, in accordance with the
this law. This system should be free for users.
readers.
Complaints will be processed within a
reasonable and decisions are made in a manner
objective and transparent.

From Thursday 3 December 2009
Page
23

N ° 49-2009

A public service operator of electronic communications
tronic, with subscriber connection to the public network
communications blic, employed by another operainformation and communication provider to provide

Official Journal of the Republic of Congo

communication services or who collects fees
on behalf of another information and communication operator
munication must prohibit the use of the other service
information communication and operator, on
asks, if the electronic communications operator
nics asking for the ban cannot himself
prohibit the use of its communication service.

2753

Users will have the right to get an invoice
not detailed on request.
Chapter 7: Changing numbers
Article 123: The providers of public services
electronic communications must in a way
efficient and timely, provide users with the
training on numbering changes
affecting the public communications network.
Information on changes to their telephone numbers
phone is provided at least six months before the
change takes effect.

The agency can issue orders on mini categories
call barring males for traffic leaving the
subscriber connection which will be provided to the user,
as well as orders on the technical execution of
call bans.
Article 121: A supplier of a public transport service
electronic communications has the right to terminate a
network subscriber connection contract if:

TITLE X: PROTECTION OF PRIVACY
USERS
Chapter 1: General principles

- the subscriber connection was closed for at
less than 30 days and the reasons for the closure apply
always plead;
- the user has been condemned for disturbance during
the use of a subscriber connection.

Article 124: Communication to the public by electronic
tronic is free.

A provider of a public communications service
electronics can only terminate a
connection of subscribers to the network in writing.
The information and communications operator must
notify the user in advance before the end of the
subscriber connection contract.
The user can give oral notification of the termination of a contract
of subscriber connection.
The user has the right to give the notification of the shutdown
a valid subscriber connection contract
until further notice to complete two weeks at
from the notification. The information and
communications must send the user a confirmation
written notice of the judgment.

The exercise of this freedom can only be limited in the
measure required, on the one hand, by respect for the dignity
of the human person, of liberty and of property
others, the pluralistic character of the expression of
currents of thought and opinion and, on the other hand, by the
safeguard of public order, by the needs of the
national defense, by public service requirements,
by the technical constraints inherent in the means
communication, as well as by necessity, for
audiovisual services, to develop production
audiovisual.
However, any provider of a communication service
publicly available electronic cations takes the
appropriate technical and organizational measures
requested in order to guarantee the security of its services, if
if applicable, together with the network provider
public of communications with regard to safety
rity of the network. Taking into account the technical possibilities
most recent and the cost of their implementation, these
measures guarantee a degree of security adapted to the
existing risk.

Chapter 6: Invoicing
Article 122: Public service providers of
electronic communications must provide, without
costs, detailed invoices for the use of the
subscribers to the public communications network
electronic and, provided that the invoice is more
of an amount determined by regulation, without
that a separate request be made. The invoice must indicate
quer at least the following invoicing articles:

Where there is a particular risk of violation of the
network security, the provider of a communication service
electronic munications accessible to the public informed
subscribers of this risk. In the event that the measures
what the service provider can do not allow
do not try to rule it out, the supplier of a
electronic munications accessible to the public informed
the subscribers of any possible means of remedying it, including
took the cost indication.

a) network charges;
b) different categories of calls, including national
nal, mobile and international;
c) subscriber connection tariffs;
d) text messages, picture messages and others
messages;
e) data transfer services.
Regardless of the amount of the invoice, the
public service provider of electronic communications
niques must detail the charges for other services
only telephone services without being asked
and free of charge.

Article 125: It is prohibited for any person other than
users to listen to, intercept, store the comcommunications and traffic data
relating to them, or to submit them to any other means of
reception or surveillance, without the consent of
users concerned except when this person is there
legally permitted. This paragraph does not prevent
no technical storage necessary for transport
communication, without prejudice to the principle of
confidentiality.

Calls to free telephone numbers will not be
not indicated on the itemized invoice.

Article 126: The operators of electronic communications
tronic and in particular people whose activity is

2754
Page 24

Official Journal of the Republic of Congo

offer access to electronic communications services
online to the public, are required to erase or
make any data relating to traffic anonymous, under
subject to the provisions of this chapter.
People who, as part of a professional activity
main or accessory, offer the public a connection
ion allowing on-line communication through
mediating network access, including free of charge
it, are subject to compliance with the applicable provisions.
to electronic communications operators
under this chapter.
The general conditions of this obligation are set
by regulation.
For the purposes of invoicing and payment of
electronic communications services,
operators may, until the end of the period during
from which the invoice can be legally contested or
legal proceedings instituted to obtain payment,
use, store and, where appropriate, transmit to
third parties directly involved in invoicing or
recovery of the categories of technical data which
are determined, within the limits set above according to
the activity of the operators and the nature of the communication
tion, by decree issued after consulting the agency.
The operators can, in addition, carry out a treatment
traffic data with a view to marketing
and their own electronic communications services
or to provide value-added services, if the
subscribers expressly consent to it for a period of
determined. This duration can not, in any case, be
longer than the period necessary for the supply or
the marketing of these services. They can also
ment keep certain data in order to ensure the
security of their networks.
Without prejudice to the provisions of this article and
subject to the requirements of judicial inquiries, the
data allowing the location of terminal equipment
user cannot be used during
communication for purposes other than its routing
ment, nor be kept and processed after the completion
communication only with consent

N ° 49-2009

consulted, in any form whatsoever, in the
framework of these communications.
The storage and processing of this data is carried out
are carried out in compliance with the provisions of the
tation in force. The operators all take
measures to prevent the use of this data
for purposes other than those provided for in this article.
A regulatory text determines, within the limits set
above, the categories of data and the duration of their
conservation, depending on the activity of the operators and the nature
communications as well as the terms of
where applicable, identifiable and specific additional costs
specific to the services provided in this respect, at the
request of the State, by the operators.
Article 127: Where location data, other
that data relating to traffic, concerning
readers or subscribers of public communication networks
electronic communications services or
accessible to the public or subscribers to these networks or
services, can be processed, they will not be
only after having been made anonymous or by means of
consent of users or subscribers, in the
measure and for the time necessary to provide a
value-added service. The service provider must
inform users or subscribers, before obtaining
their consent, the type of location data
other than data relating to the traffic to be processed,
the objectives and duration of this processing and the fact
whether or not the data will be transmitted to a third party
view of the provision of the value-added service. The
users or subscribers have the option to withdraw at
at any time their consent for the processing of
location data other than relative data
to traffic.
When users or subscribers have given their
consent to the processing of location data
other than traffic data, they must
keep the possibility of temporarily prohibiting, by a
simple and free means, the processing of these data
for each connection to the network or for each
communication transmission.

of the subscriber, duly informed of the categories of data
in question, the duration of the processing, its purposes and
whether or not these data will be transmitted to
third party service providers. The subscriber can withdraw at
at any time and free of charge, except for costs related to
transmission of the withdrawal, its consent. The user
may suspend the consent given, by a means
simple and free, apart from transmission costs
of this suspension. Any call intended for a service
emergency constitutes consent of the user until
the culmination of the rescue operation he
triggers and only to allow its realization.

The processing of location data other than
data relating to traffic carried out in accordance with
paragraphs 1 and 2 should be restricted to persons
acting under the agency of the public network provider
communications or electronic communications service
accessible to the public or from the third party providing the
value-added service and should be limited to what is
necessary to ensure the provision of the service to
added value.
Article 128: The agency ensures that all subscribers have the
possibility, by a simple and free means, to terminate
the automatic forwarding of calls by a third party to his
terminal.

The data stored and processed under the conditions
defined in this title relate exclusively to the identity
fication of the users of the services provided
by the operators, on the technical characteristics
communications provided by them and on the
location of terminal equipment.

Article 129: The agency ensures that subscribers are
informed free of charge and before being registered
to which subscriber directories are established
printed or electronic accessible to the public or
sultable through information services
ment, in which the personal data
concerning them may appear, as well as any other

They cannot, in any case, relate to the content
correspondence exchanged or information

From Thursday 3 December 2009
Page
25

Official Journal of the Republic of Congo

possibility of use based on functions of
research integrated into electronic versions of
directories.

2755

nics intended to prohibit, with the exception of numbers
emergency services, access to their networks or to their
communications sent by means of terminals
mobiles identified and reported to be stolen.

The agency ensures that subscribers have the opportunity
decide whether the personal data consurrounding are listed in a public directory. Nonregistration in a public directory of subscribers, the
fication, correction or deletion of data to
personal character in such a directory is free.

However, for defense and security needs,
the judicial police officer can request operations
teurs, after agreement given by the public prosecutor
Republic or the investigating judge, not to apply
the provisions of the previous paragraph.

The agency requests that the consent of subscribers
is required for any other public directory purpose
that the simple search for the coordinates of a person
ne on the basis of his name and, if necessary, a number
limited other parameters.

Article 132: Direct prospecting in the
by means of a call machine, fax machine or
email using, in any form
this is the contact details of a natural person who
has not expressed prior consent to receive
direct surveys by this means.

Paragraphs 1 and 2 apply to subscribers who are
physical persons. The agency also ensures, in the
framework of the regulatory texts to be adopted, that the
legitimate interests of subscribers other than individuals
are sufficiently protected with regard to
identifies their listing in public directories.

For the purposes of this article, the term conany manifestation of free, specific will
fic and informed by which a person accepts that
personal data concerning him are
used for direct prospecting.

Chapter 2: Identification of subscribers
and data retention

Constitutes a direct prospecting, the sending of all my
wise intended to promote, directly or indirectlyment, goods, services or the image of a person
not, selling goods or providing services.

Article 130: For defense and security needs,
fight against pedophilia and terrorism,
operators of electronic communications networks
open to the public or their representatives are
required, when subscribing to the televoice, to identify the subscribers. Of
more, the operators of communications networks
electronic systems open to the public are required to
to electronic communications data.

However, direct prospecting by e-mail
nique is authorized if the recipient's contact details
were collected directly from him, in the
compliance with the provisions of the regulations in force
relating to IT, on the occasion of a sale or
a provision of services, if the direct prospecting
concerns similar products or services provided by
the same natural or legal person and, if the intended
nataire is offered, expressly and without
ambiguity, the possibility of opposing, free of charge,
except those related to the transmission of the refusal and
simple way, using their contact details
when these are collected and whenever a
prospecting email is sent to him.

Individually appointed and duly authorized officers
national police and gendarmerie units
specially entrusted with these missions may require
operators and persons mentioned as such
communicate data stored and processed by
the latter in application of this article.
The data that may be the subject of this request are
limited to technical data relating to the identification
tion of subscription or connection numbers to
electronic communications services, to the
ment of all subscription numbers or
connection of a designated person, to the data relating to
tives to the location of the terminal equipment used
readings as well as technical data relating to
communications from a subscriber relating to the list of
numbers called and calling, the duration and date of
communications.

Notwithstanding the provisions of the previous paragraph, in
in any case, it is forbidden to broadcast, for the purpose of
direct prospecting, messages by means of selfcall mates, fax machines and e-mail,
without indicating valid contact details to which the
recipient can usefully transmit a request
tending to obtain that these communications cease without
costs other than those linked to the transmission thereof. He
It is also forbidden to conceal the identity of the person
ring on whose behalf the call is
issued and to mention an object unrelated to the
delivery or service offered.

Any identifiable and specific additional costs
exposed by the operators and persons mentioned in
first paragraph to respond to these requests are
jet of financial compensation.

The agency is on the lookout for prospecting
direct using a person's contact details
physical, in compliance with the provisions of this article
using the skills that are recognized by
this law. To this end, it may in particular receive,
by any means, complaints relating to infringement
to the provisions of this article.

A regulatory text sets the terms of application
of these provisions.
Article 131: The operators or suppliers of
defects in electronic communications to the public are
required to inform other operators or suppliers
service and implement the technical devices

Violations of the provisions of this article are
investigated and observed under the conditions set by
this law.

2756
Page 26

Official Journal of the Republic of Congo

A regulatory text specifies, as necessary,
the conditions of application of this article, in particular
in view of the different technologies used.

TITLE XII: RESOLUTION OF DISPUTES
Chapter 1: Scope

Article 133: In cases where the presentation of the identity
fication of the calling line is offered, the provider
of the service must offer the calling user, by a
simple and free way, the possibility of preventing
presentation of the calling line identification, and
this, call by call. The calling subscriber must have this
possibility for each line.

Article 138: This title defines the modalities of arbitration
trage of disputes between:
a) operators of electronic communications networks
tronic;
b) providers of electronic communications
tronic;
c) network operators and service providers
electronic communications;
d) State administration and operators of
communication networks and service providers
electronic tions insofar as these disputes
relate to:

In cases where the presentation of the identification of the
calling line is available, the service provider must
offer to the called subscriber, by a simple and free means
for a reasonable use of this function, the possibility
ity of preventing the presentation of the identification of the
calling line for incoming calls.

- the application or interpretation of this
law or its implementing texts;
- compliance with or interpretation of the provisions
specifications for operators of
electronic communications networks or
service providers.

In cases where the presentation of the identification of the
calling line is available and where the identification of the
calling line is presented before the establishment of
the call, the service provider must offer the subscriber
called, by a simple means, the possibility of refusing
incoming calls when the user or subscriber
caller prevented the presentation of the identification of
the calling line.

Article 139: The agency is not competent to arbito settle disputes or commercial disputes between:

In cases where the presentation of the identification of the
connected line is available, the service provider must
offer the called subscriber, by a simple and free means
tuit, the possibility of preventing the presentation of the
tification of the line connected to the calling user.

- operators of electronic communications networks
tronic and service providers;
- operators themselves;
- or service providers when these conflicts
are not due to incorrect application or
interpretation of this law and its supporting texts
plication, as well as the specifications and conditions
related to licenses, authorizations, approvals or
statements.

The agency ensures that, in cases where the presentation
the identification of the calling line and / or the line
connected is offered, service providers
publicly available electronic communications
inform the public of this situation, as well as
possibilities provided for in paragraphs 1, 2, 3 and 4 of this
article.

Article 140: Disputes relating to interconnexion are settled according to the defined procedure
in Title III, Chapter 6 of this law.

TITLE XI: COMPLAINTS
USERS

Article 141: The agency decides within four
maximum twenty calendar days after receipt
conflicting records.

Article 134: The agency cannot be seized of a complaint
tion of a user organization that would not have
is the subject, beforehand, of a settlement attempt
amicable with the operator or the service provider
concerned.

The arbitration decision is taken by the agency, on the basis
conclusions of an analysis of files and texts
in accordance with the laws and regulations
tary, in accordance with the principles of equity,
discrimination and transparency, in order to guarantee
healthy and fair competition.

Article 135: When the complaint relates to the application
tion or interpretation of legislative texts, regulations
tary or contractual, the parties benefit, if they
want the assistance of experts or lawyers, who
may make oral submissions on their behalf
and / or written to the agency.

This analysis can, if necessary, be supplemented by:
- specific expertise, carried out by the staff
competent authority of the agency or by any expert
by the agency; expertise is necessaryment by a written report entered in the file;
- field observations, carried out by the staff
sworn letter of the agency;
- a field observation is necessary ment by a report recorded in the
folder;
- and / or contradictory hearings; these last
necessarily translate into minutes
entered in the file.

Article 136: When the dispute does not concern the ininterpretation of laws, regulations or
contractual and if it appears in the analysis of the complaint
by the agency that an amicable solution can be found
in the context of conciliation, the agency may take
the initiative to bring the parties together.
Article 137: Referral and processing procedures
user complaints will be stopped by
regulatory route.

From Thursday 3 December 2009
Page
27

N ° 49-2009

Official Journal of the Republic of Congo

Chapter 2: Remedies

2757

declaration to the regulatory agency.

Article 142: The remedy offered in dispute
decisions rendered by the agency is the appeal
annulment or a request for a stay of execution
before the Supreme Court.

The conditions under which these
declarations are fixed by regulation.
Article 147: The transfer and export of a means of
cryptology not exclusively providing functions
authentication or integrity check, are
subject to authorization from the regulatory agency.

The appeal is not suspensive. In case of confirmation
of the decision, it applies retroactively to the
date initially planned for its application, except
contrary opinion of the Supreme Court.

The conditions under which these
authorizations are set by regulation.

Chapter 3: Emergency procedure

If the action is admissible, a brief investigation
is carried out within seven calendar days by
the agency in the field to assess the reality of prejudices
dices suffered by the complainant and their causal link with
the subject of the dispute.

Article 148: Unless it can be demonstrated that they have not committed
no intentional fault or negligence, the personnel
ringers providing cryptology services to
confidentiality purposes, notwithstanding any stipulation
tractual contract, are liable under these
benefits of the harm caused to the persons concerned
trusting the management of their secret agreement in the event of
tainted with integrity, confidentiality or availability
ity of the data transformed using these conventions.
tions.

When the investigation confirms the existence of sigimmediate credentials, the agency, represented by its
Chief Executive Officer may give notice without delay to the
opposing party to take protective measures
allowing to counter, as far as possible,
negative consequences for the complainant.

Article 149: Unless it can be demonstrated that they have not committed
no willful fault or negligence,
electronic certification service providers are
responsible for damages caused to people who
are reasonably relied on the certificates presented by
them as qualified in each of the following cases:

Article 143: An emergency procedure may be initiated
when a dispute is likely to cause prejudice
of immediate significance for the complaining party.

This provisional provision does not in any way prejudge
the agency's final decision on the merits.

a) the information contained in the certificate,
date of issue, were incorrect;
b) the data required for the certificate to be
to be considered qualified were complete;
c) the issuance of the certificate has not given rise to
verification that the signatory has in the
private agreement corresponding to the agreement
public of this certificate;
d) the providers have not, where applicable,
register the revocation of the cercertificate and kept this information available to
third.

A request is then sent to the complainant, the inviso much to put together a classic referral file for
the agency for a decision on the merits.
When the investigation does not confirm any harm, the action
is rejected and the applicant is requested to present
a classic referral file.
Chapter 4: Right to defense
Article 144: For each procedure: conciliation, arbitration
trage, or emergency procedure, the parties agree
due by the agency.

TITLE XIV: INSTITUTIONAL FRAMEWORK
Chapter 1: The supervisory authority

To this end, they benefit, if they wish, from
the assistance of experts or lawyers who can present
ter on their behalf, oral and / or written observations.

Article 150: The electronic communications sector
niques is placed under the supervision of the minister in charge
electronic communications sectors.

TITLE XIII: OF CRYPTOLOGY

Chapter 2: Responsibilities of the minister in charge
electronic communications

Article 145: The supply, transfer, import and
the export of means of cryptology, ensuring exclusively
the authentication or control functions
of integrity are free.

Article 151: The Minister in charge of communications
electronics is responsible for defining the
sectoral tick of electronic communications.

The supplier or the person making the transfer
means of cryptology must make available to
the regulatory agency a description of the characteristics
technical ticks of this means of cryptology as well as
the source code of the software used.

As such, it ensures:
- develop and review community policies
electronic communications in accordance with the objectives
community texts and other texts
regional and international;
- develop and adopt, together with the agency, the
legislative and regulatory texts;
- issue, transfer, modify, renew, reduce the

Article 146: The supply, import of a means of
cryptology that does not exclusively provide
authentication or control are subject to a

2758
Page 28

Official Journal of the Republic of Congo

duration, suspend or withdraw on the proposal of the
licensing;
- ensure responsibility for international issues
of electronic communications affecting
the country ;
- design and adopt a policy related to the supply
universal service; monitor the implementation
implementation of this policy, in order to broaden the scope of
coverage of electronic communications services
tronic, so as to meet the requirements of
economic and social development of the country;
- draw up plans to encourage investment
ment, on a competitive basis, in
electronic communications sectors.

N ° 49-2009

- need to ensure the application of tax laws;
- need to apply certain legal provisions
on the capacity of people.
Sub-Section 3: Violation of the decision
suspension or withdrawal of the license,
authorization or approval
Article 158: It is prohibited for any natural person or
against which a decision to suspend or
withdrawal of license, authorization or approval
or certificate of declaration has been issued, in application of
cation of the provisions of this law, to continue
the exercise of its activities.

Chapter 3: The regulatory agency
Section 2: Interruption and disruption
Article 152: Regulation of the communications sector
electronic operations is provided by a regulatory agency.
lation created by law.

electronic communications services
Article 159: It is forbidden for any individual or group
of individuals to interrupt or disrupt, of whatever

Article 153: The regulatory function of the
electronic communications is independent of
the operation of networks and the provision of
electronic communications defects.

however, the normal operation of
electronic communications networks open to
public.

Article 154: The regulatory agency exercises, in a manner
independent, its regulatory missions
entrusted by the laws and regulations relating to the
electronic communications.

Section 3: Hacking of telephone lines
Article 160: It is prohibited for any natural person or
moral to connect, fraudulently, in the
purpose of carrying out electronic communications on

TITLE XV: OFFENSES
AND SANCTIONS

a telephone line belonging to others.

Chapter 1: Offenses

Section 4: Manufacture, import
or the sale of equipment

Article 155: Subject to the criminal offenses set forth
listed below, non-compliance with legal provisions
and regulatory as well as the obligations contained
in the specifications is liable to sanctions
administrative provisions provided for in this law.

not approved
Article 161: It is prohibited for any natural person or
moral to manufacture, import, distribute or sell
dre unapproved terminal equipment.

Section 1: Violations
Section 5: Use of a frequency

Sub-section 1: Violation of
professional secret

not assigned
Section 162: It is prohibited for any operator or

Article 156: Employees of companies of the
electronic communications sector to disclose
the content of electronic communications and / or
names of correspondents.

provider of electronic communications services
nics to use a frequency that has not been
previously assigned by the regulatory agency, except
exception determined by regulation.

Sub-section 2: Violation of
electronic communications

Section 6: Frequency interference
radio

Article 157: It is forbidden for any person to intercept
and listen deliberately, by whatever means
either and for any purpose, a communication
electronics that are not intended for it.

Article 163: Any operator or user is prohibited
radio frequencies to proceed, which
in any way and for any purpose, at
interference of one or more frequencies of another
operator or user.

However, the law grants a derogation from the rule of
violability of electronic communications on authooffice of the public prosecutor, in the above cases
after:

Section 7: False declaration
Article 164: It is forbidden for any operator or any
provider of electronic communications services
nics to make a false statement in the exercise of
his activities.

- need to ensure state security and order
public;
- need to ensure the application of criminal laws;

From Thursday 3 December 2009
Page
29

Official Journal of the Republic of Congo

Section 8: The use of a license,
an authorization or
accreditation expired

2759

the Republic, seize the materials, object
of the contravention. The aforementioned authorization must include
bring all the elements of information up to
tify the seizure which is carried out under the authority of the Prosecutor
of the Republic which authorized it.

Article 165: It is prohibited for any natural person or
morality to operate a license, authorization or
approval whose period of validity has expired.

The seized materials are immediately inventoried.
The inventory is appended to the minutes drawn up on the
places. The originals of the report and the inventory
are sent to the public prosecutor who has
ordered the seizure.

Section 9: Fraudulent use
a call sign
Article 166: It is prohibited for any natural person or
moral to carry out radio transmissions in
using an international series call sign
which it is not assigned.

Section 1: Administrative sanctions
Article 171: When the holder of a license does not
does not comply with legal and regulatory provisions
in force in the sector, as well as the obligations
arising from his specifications, the director
general of the regulatory agency warns him to
comply with them within thirty days.

Section 10: Cable deterioration
Article 167: It is prohibited for any natural person or
moral to break or deteriorate, whatever
any way, a submarine cable, submarine
or terrestrial installed for communication needs
electronic tions.

If the holder does not comply with the formal notice
which was addressed to him, the general manager of the
regulation, after having invited it to formulate its observations
tions, pronounces, by reasoned decision, a penalty of one
amount of 1% of turnover as declared in
the accounting year of the previous year. This forcentage may be doubled in the event of a repeat offense.

Chapter 2: Of the observation
offenses
Article 168: Breaches of the provisions of
this law are recorded on written reports
by at least two of the agents listed below:

Article 172: If the violation noted and notified persists,
the Minister pronounces by decree and as the case may be, on
reasoned proposal from the regulatory agency and after
opinion of the regulatory council, one of the sanctions
administrative:

a) the officers and agents of the judicial police referred to in
article 16 of the code of criminal procedure;
b) officials and agents of administrations and
public services referred to in article 15 of the code of
penal procedure ;
c) officials and sworn agents of the Minister
in charge of the communications sector
electronic;
d) sworn officers of the regulatory agency;
e) Coastal surveillance officers, officers and
commanders of the units of the national navy.

a) reduction of the duration of the license within the limit
one year;
b) suspension of the license;
c) the final withdrawal of the license.
Article 173: When the holder of an authorization or
of an authorization or the person making a declaration
does not comply with the obligations imposed on it by the
laws and regulations in force, the
director general of the regulatory agency puts it in
remains to comply with it within thirty days.

Operators are required to provide the information
and documents requested, whenever the agency makes
Requirement.
Article 169: The minutes are submitted, according to the
case, to the minister in charge of the communications sector
e-mail or to the director general of the agency
regulation, which transmits them within five days to the
Public Prosecutor, with a view to legal proceedings
ciaries.

If the latter does not comply with the formal notice
which was addressed to him, the general manager of the
regulation pronounces against it, by decision
justified, one of the following administrative sanctions:
- for a legal person: a penalty which cannot
exceed 20 million CFA francs;
- for a natural person: a penalty that does not
may exceed 10 million CFA francs.

Article 170: The persons referred to in article 168 of the
this law may access the premises, land and
vehicles for professional use, excluding domiciliary
ciles and parts of premises used as domicile, except
authorization from the Public Prosecutor. They cannot
can only access these premises between 6 a.m. and 6 p.m.
hours.

The amount of the fine, as foreseen, can be doubled
in case of recurrence.

They can request the communication of any document.
ment and take a copy, collect on site or on
summons the necessary information and justifications
saries.

Article 174: In the event that the violation found and notified
persists, the director general of the regulatory agency,
after consulting the regulatory council, pronounces, by a
reasoned decision, the final withdrawal of the authorization or
of approval. Under the same conditions, it can putend to the effects of the declaration.

They may also, with the authorization of the Public Prosecutor

Article 175: Without prejudice to the rights of victims, the

2760
Page 30

Official Journal of the Republic of Congo

Minister in charge of electronic communications
can carry out transactions relating to infringement
tions provided for in Articles 181 and 182 of this Law.

N ° 49-2009

Article 180: Shall be punished with imprisonment
from one to six months and a fine of 2,000,000 to
12,000,000 CFA francs, anyone who violates the
rules of the inviolability of professional secrecy and

The payment of the sum fixed by the deed of transaction
tion extinguishes public action and the prosecution of
administration.

electronic communications as defined in
Articles 156 and 157 of this law.
Article 181: Shall be punished with imprisonment

Section 2: Criminal sanctions

from one to six months and a fine of 600,000 to
Article 176: Shall be punished with imprisonment
two to five years and a fine of 100,000,000 to
1,000,000,000 CFA francs, anyone who will have:

1,000,000 CFA francs, whoever will have, volunteer
ment and for any purpose, caused the interruption or
disruption of electronic communications services
tronic, by any means whatsoever.

- established or caused to be established a communications network
electronic open to the public without having obtained, at
prior, a license or will have kept it in violation of a suspension or withdrawal decision;
- continued to operate its network open to the public
blic after expiry of the period of validity of the
Licence.

Article 182: Shall be punished with imprisonment
from two months to five years and a fine of 2,000,000
to 5,000,000 CFA francs, whoever has connected,
for personal or non-personal purposes and by any means possible
ble, on a private line for communications services.
electronic tions.

Article 177: Shall be punished with imprisonment
from three to six months and a fine of 1,000,000 to
5,000,000 CFA francs, anyone who will have:

Article 183: Shall be punished with imprisonment
from one month to six months and a fine of 600,000 to

- established or has established an independent network, without
prior authorization or will have kept it in violation of a decision to suspend or withdraw
authorization;
- imported or exported a means of cryptology or
provided an unauthorized cryptology service
prior notice;
- continued to operate its independent network
or exercised a cryptology activity after expiration
tion of the period of validity of the authorization.

1,000,000 CFA francs, whoever has manufactured,
imported, sold or distributed terminal equipment
not approved or connected them to a
electronic communications network.
Article 184: Shall be punished with imprisonment
from three months to one year and a fine of 500,000 to
2,000,000 CFA francs, anyone who has used a
frequency not previously assigned to it
by the regulatory agency.

The court may also order confiscation
cryptology equipment, for the benefit of the regulatory agency
lation.

Article 185: Shall be punished with imprisonment
from one month to six months and a fine of 500,000 to

Article 178: Shall be punished with imprisonment
from one to three months and a fine of 500,000 to
1,000,000 CFA francs, anyone who will have:

2,000,000 CFA francs, whoever will have, volunteer
ment and for the purpose of concealment, provided a
incorrect declaration of the equipment installed in its
services.

a) installed, sold or distributed equipment
radio or terminal equipment or
opened a laboratory for testing and measuring
electronic communications equipment or
worked as an installer, salesperson or
distributor of radio equipment without
have obtained prior authorization;
b) continued to exercise his profession of installer,
seller or distributor in violation of a decision
suspension or withdrawal of approval or
after expiry of the period of validity of the approval.

Article 186: Shall be punished with imprisonment
from six months to two years and a fine of 500,000 to
20,000,000 CFA francs, anyone who will volunteerment interfered with one or more frequencies of another
operator or user.
Article 187: Shall be punished with imprisonment
from two months to five years and a fine of 5,000.0000
to 10,000,000 CFA francs or one of the penalties

The installers of radio equipment are
responsible for offenses caused by their
employees in the performance of their duties.

only, whoever has made transmissions
radio stations by knowingly using a call sign
call from the international series assigned to a station
which it is not assigned.

Article 179: Shall be punished with a fine of 100,000 to
500,000 CFA francs, anyone who will have, without having it
declared beforehand:

Article 188: Shall be punished with imprisonment
from 5 to 10 years and a fine of 5,000,000 to

- installed and / or operated an internal network;
- provided or caused to be provided a value-added service.

10,000,000 CFA francs, anyone in the waters
territorial or on the continental shelf contiguous to the
territory of the Republic of Congo, voluntary aura

From Thursday 3 December 2009
Page
31

Official Journal of the Republic of Congo

2761

broken or damaged, by any means possible, a
Law No. 10-2009 of November 25, 2009 on
regulation of the postal sector.

submarine, sub-river or land cable thus causing
stopping or disrupting electronic communications
nics.

The National Assembly and the Senate
deliberated and adopted;

Article 189: Shall be punished with imprisonment
from three months to one year and a fine of 1,000,000 to

The President of the Republic promulgates the law
the content of which follows:

2,000,000 CFA francs, anyone, in the areas
maritime, fluvial or continental will have caused, by

TITLE I: GENERAL PROVISIONS

clumsiness, recklessness, neglect or disregard
established rules, the facts incriminated in the previous article

Chapter 1: Scope

dent by failing to report them to local authorities
nearest competent authorities, within

Article 1: This law applies to the various
various services and operations carried out, on the ground
national roof, by any postal operator.

12 hours.
Article 190: Breaches of the provisions
held in this law are judged by the jurisdiction
territorially competent.

It determines and defines the domain of the postal service
universal reserved services and services open to
competition.

TITLE XVI: TRANSITIONAL PROVISIONS,
CONSERVATORIES, MISCELLANEOUS
AND FINALS

Article 2: Are excluded from the scope of the
this law:

Article 191: Holders of licenses and authorizations
have six months to comply with the
this law.

- letters that a relative or friend of the sender or
of the recipient transports and delivers on an occasional basis
and graceful;
- decisions and acts related to the procedure
judicial;
- letters concerning the activities of an organization and
transmitted, between the different offices or agencies
from the same company, by one of its employees;
- transport, by people who do not
trade, mail to localities not
served by authorized operators;
- letters sent by institutions and
diplomatic representations, institutions and
bodies enjoying legal personality
international, subject to reciprocity.

Article 192: Establishment licenses and authorizations
ment of electronic communications networks and
supply of electronic communications services
nics issued before the publication date of the
this law retain their validity until their expiry.
tion.
Article 193: This law, which repeals all provisions
previous statements to the contrary, will be published in the Journal
official and enforced as state law.
Done in Brazzaville, November 25, 2009

Chapter 2: Definitions

By the President of the Republic,
Denis SASSOU-N'GUESSO

Article 3: For the purposes of this law, we mean by:
Routing: the services and operations of
transport, in all their forms, of postal items
from the access point to the recipients.

Minister of Posts, Telecommunications
and new technologies
communication,

Airgram: a correspondence-plane constituted
a sheet of paper suitably folded and glued
on all sides. The mention "Airgram" must
appear on the front and no object or paper may be
inserted inside.

Thierry MOUNGALLA
The Minister of State, coordinator of the pole
of sovereignty, keeper of the seals,
Minister of Justice and
human rights,

Postage: the mark affixed to the object of
response in order to materialize the acquittal of the
price of the service by means of postage stamps or mail
preprints of franking machines or any other
accepted process;

Liked Emmanuel YOKA
The minister of the Interior
and decentralization,

Authorization: the administrative act authorizing an operapostal service provider to carry out certain operations and
tions under the public postal service.

Raymond Zéphirin MBOULOU
The Minister of Finance, Budget
and the public portfolio,

Regulatory authority: a formal body responsible for
regulate and regulate the activities of the
posts.

Gilbert ONDONGO

2762
Page 32

Official Journal of the Republic of Congo

Specifications: the act defining the conditions and
methods of operating postal services;

N ° 49-2009

trade or intended for it.
Prints: all prints made in several
identical copies, obtained on paper, cardboard
your or any other subject of a usual use in
printing, by means of a mechanical or photographic process
tographic which includes the use of a cliché or a
negative.

Postcard: a sheet of resistant cardboard so that
not interfere with the processing of mail, half of which
less than the front is reserved for the recipient's address,
the postage and the mentions or labels of
service. The sender has the reverse side and the part
left of the front.

COD shipments: all recomordered or insured which are delivered to the
recipient, in addition to the usual formalities, against
payment of a sum fixed by the sender to the
time of deposit of the shipment.

Literature for the blind: documents printed in relief
the use of the blind left in the open. They understand
also the photos bearing the signs of the
cecography, sound recordings made at
intended for the blind as well as special paper
for use by the blind only, provided
that they are sent by an institute for the blind
officially recognized or addressed to such an institute.

Declared value shipment: a service consisting in insuring
rer the postal item up to the value declared by
the sender in the event of loss, theft or damage.

Parcel post: consignments of goods or
documents not having the character of correspondence
current and personal whose maximum weight is set
nor by the arrangements of the Universal Postal Union.

Sending correspondence: a written communication
on any physical medium that must be
forwarded and delivered to the address indicated by the consignor
on the item itself or on its packaging.
Books, catalogs, newspapers and periodicals are not
not considered to be items of correspondence.

Concession: administrative act granted by the State to a
public or private operator and which gives the company
specific rights including the right to manage, to its
risks, a public postal service and submits the activities
of the said company to specific obligations.

Postal item: a consignment with an address under the
final form in which it must be sent by
the universal service provider. These are, in addition to
items of correspondence, for example books,
catalogs, newspapers, periodicals and packages
postal items containing goods with or without
commercial value.

Postal electronic mail: a service that uses the
electronic communications channel for transmitting
be, conforming to the original and in a few seconds,
messages received from the sender in physical form or
electronic. Messages in physical form are
delivered under cover to the addressee as a postal item
to letters.

Registered mail: a service consisting in guaranteeing
flat-rate against the risks of loss, theft or property
improvement and providing the consignor, if applicable to
his request, proof of the deposit of the postal item
and / or its delivery to the recipient.

EMS courier: the fastest postal service by
physical means and in exchanges between operapostal operators who have decided to provide this service under the
movement of the Universal Postal Union. It consists of
collect, deliver and distribute, on time
very short, correspondence, documents or
goods.

Declaration: a written act by which a declaration is made
activity or something else. This act can take
the form of an approval or a simple receipt.

Essential requirements: general reasons of nature
non-economic that can lead the government
of the Congo to impose conditions for the provision of
postal services. These reasons are the confidentiality of
correspondence, network security with regard to
identifies the transport of hazardous materials and, in the
justified cases, data protection, protection of
environment and land use planning. The protection of data may include the protection of
personal data, confidentiality of
information transmitted or stored, as well as the
tection of privacy.

Deposit: the action by which the customer entrusts a shipment to the
postal service for delivery to its destination
native.

Universal Postal Service Fund: the fund whose
duit is allocated to the financing of the universel.

Distribution: the process from sorting to the distribution center
tribution until Here delivery of postal items to destenants.

Postage exemption: the exemption from postage which
is provided for the benefit of certain shipments taking into account
the quality of the sender. These matches
exempt from postage are said to be shipped in
franchise.

Express mail: a shipment for which the sender
requests distribution within a very short timeframe.

Commission fee: a fee paid by the consignment
holder of a mandate for the service rendered. It is seen in
cash at the time of issue and remains acquired at
the operator in all cases.

Interconnection: a set of links that are formed
ment, on the basis of agreements, between different
postal network operators, to enable users to
teurs to benefit from good quality services.

Samples of the goods: any article not
no market value, shipped by a house of

From Thursday 3 December 2009
Page
33

Official Journal of the Republic of Congo

Newspapers and periodicals: newspapers, collections,
annals, memoirs and bulletins published in a
regular and periodic in a general interest
for instruction, education and public information.

2763

can be entrusted by customers to the postal network
public.
Letter post: a set of items classified according to
their processing speed or content. She is comput letters, postcards, printed matter,
postal packages, small packages, samples of
goods, newspapers and periodicals,
airgrams and cecograms.

Letter: a handwritten, printed, polygraphed, selfwritten or obtained by mechanical means,
any electrical or electromechanical, shipped
uncovered or in a closed envelope or not and, having the
current and personal correspondence character
for the sender and the recipient or for one of the
of them ;
Collection: the operation consisting in collecting the consignments
postal items deposited at access points.

Prescription: the definitive acquisition, by the operator, of the
amount of any money order that has not been claimed in
a period of two years from the date of issue.
This mandate is said to be prescribed.
Regulator: the body or authority that ensures the regulation of
tion of the activities of the postal sector.

Postal telematics links: a service that allows
to carry out data exchanges through the intermediary
computer media.

Postal network: a set of movable and
buildings that allow the postal service to be carried out.

Franking machine: a mechanical or electronic device.
trique intended for printing, on mail items to
letters or on gummed or adhesive labels,
imprints worth postage in all
regimes in the same way as the postage stamp.

Competitive services: any postal service that does not enter
not in the category of reserved services.
Postal Check Service: the postal service responsible for
the management of postal current accounts through
so-called postal check centers and by the
post.

Money order: a document issued by a post office in
execution of a transfer of funds received from a depositor
for the benefit of a beneficiary, upon payment of a
commission right.

Postal savings service: the postal service responsible for
mobilize, collect and grow savings
collected in the postal network. It is created and operated
under the guarantee of the State.

Minister: the member of the government of the Republic
in charge of the postal sector.
Public operator: the postal operator responsible for
public service.

Professional secrecy: the secrecy that a person owes
keep on a fact that she has learned in the performance of her
functions and that she must keep hidden either that it was
requested, or it is inherent in the nature of the fact.

Private operator: any operator under private law providing
establishing a postal service open to the public.

Postal service: an activity that facilitates communication
tion of people around the world. It consists of colread, route and distribute postal items
as well as providing postal financial services.

Parcel post: a shipment of goods or samples
lons of goods, invoices, slips or
current and personal correspondence at a rate
lower than that of letters. It is used exclusively
in the domestic regime. Its maximum weight is that
defined in article 7 of this law.

Universal postal service: the minimum supply of services
quality basic postal services made to the public in a
permanent, throughout the national territory, at
affordable prices while respecting the principles
equality, continuity and universality.

Small package: one shipment of the goods or sample
goods, invoices or slips,
used exclusively in the international regime. It is
allowed to insert any document having the character of
current and personal correspondence. His weight
maximum is that defined in article 7 of this law.

Reserved services: the privileges granted by the State to
the public operator to exclusively provide the services
postal conditions defined in Articles 25 and 26 of the
this law.

Expiration: the expiration of the period of validity of a
postal dat. The mandate is said to have expired when it has not been
paid within three months from its date
resignation. However, it can be paid after an extension.
tion of its period of validity (visa for date).
Philately: a study or collection of stampspost and related objects such as business brands
crossing.

Postage stamps: stamps with a face value and
which are used for franking postal mail. The
only postage stamps valid for franking
are those of the country of origin of the connections.
Official postage stamps: the postage stamps used to
franking of official mail.
Tax stamps: figurines specially designed for
represent the amount of taxes collected on destinations
not enough or insufficiently
stamped.

Access point: physical facilities, including
letter boxes made available to the public,
either on the public highway or in the premises of the
universal service provider, where postal items

2764
Page 34

Official Journal of the Republic of Congo

N ° 49-2009

Supervision: the ministry in charge of the postal sector.

than international.

User: any natural or legal person benefiting from
ciary of a postal service provision as
as sender or recipient.

Article 8: The universal postal service is compulsorily
insured:
- every working day and not less than five days
per week, except circumstances or geographics deemed exceptional by the agency;
- throughout the national territory, at points
access of the operator in charge of the postal service
universal;
- at affordable prices.

Amount to be recovered: an amount entrusted by a debtor
send to the postal service which takes care of the delivery to the debit
debtor against payment of the amount of the debt.
All other terms used in this law
take the definition given to them by the Union
Postale Universelle and by the World Institute of Caisses
savings.

As such, the operator in charge of the universel must:

Article 4: The regulation of the postal sector is ensured
by a regulatory authority created by law.

- have a network open to the public;
- guarantee the execution of the universal postal service in
the conditions set by specifications.

TITLE II: POSTAL SERVICES
AND FINANCIAL

Article 9: The agency sets and publishes standards
of service quality for universal service with a view to
to ensure a good quality postal service.

Chapter 1: Public postal service
Article 5: The public postal service includes:

Quality standards particularly target deadlines
routing as well as the regularity and reliability of
services.

- the universal postal service;
- postal financial services.
These services of determined and controlled quality are
offered on a permanent and regular basis throughout
the extent of the national territory.

Article 10: Independent performance monitoring
in terms of quality is carried out at least once per
year by organizations unrelated to
universal service providers, under conditions
standardized to be set by the agency.

Section 1: Universal postal service
Article 6: The provision of the universal postal service
meets the following requirements:

The results of the control are the subject of reports which
are published at least once a year.

- offer a service guaranteeing compliance with the requirements
essential gences;
- offer users who are in the conditions
comparable identical service;
- be available without discrimination, under whatever
form whatsoever, especially for reasons of goldpolitical, religious or ideological dre;
- not to be interrupted or stopped, except in cases of force
major;
- evolve according to the technical environment,
economic and social as well as the needs of
readers.

Article 11: The agency ensures that the service provider
universal service adopts transparent procedures,
simple and inexpensive for processing claims
user information, particularly in the event of loss,
theft, damage or failure to comply with
service quality.
The agency takes measures to ensure that
procedures mentioned in paragraph 1 make it possible to
settle disputes fairly and quickly in advance
there being, when this is justified, a reimbursement system
ment and / or prompt compensation.

Notwithstanding the provisions of paragraph 1, the service
universal postal service corresponds to an offer of
postal services of determined and controlled quality,
provided on a permanent and regular basis, in all
point of the national territory, at affordable prices.

Users and / or consumers have the right to
submit to the agency cases where complaints from
users with the universal service provider
did not come to a satisfactory conclusion.
Universal service providers publish, with the
annual report on monitoring their performance,
information on the number of complaints and the
how they were treated.

Article 7: The universal postal service includes:
- collection, sorting, transport and distribution
postal items up to two kilograms;
- collection, sorting, transport and distribution
postal packages up to twenty kilograms;
- services relating to recom- mended postal items
ordered and insured postal items;
- the issuance and payment of money orders.

Article 12: Tariffs for services relating to the service
universal postal service will be approved by the regulatory agency.
lation according to the modalities to be defined by regulation
to hush up.
Notwithstanding the provisions of paragraph 1, the rates of
each of the services forming part of the
universal service must comply with the principles

The universal postal service, as defined in the present
item, includes both national services

From Thursday 3 December 2009
Page
35

Official Journal of the Republic of Congo

2765

following:

Sub-section 4: Currency exchange service

- prices must be affordable and must be such
that all users have access to the services
offered;
- prices must be cost-oriented;
- the agency can decide that a single rate be applied
on the whole of the national territory, but that the appplication of a single tariff does not exclude the right to
the provider (s) of the universal service
finalize individual tariff agreements with
clients ;
- tariffs must be transparent and non-discriminatory.
natories.

Article 20: The currency exchange service consists of
all the operations of purchase and sale of quotesare carried out in strict compliance with regulations
in force in the matter.
Sub-section 5: Debt collection service
and against reimbursements
Article 21: The service of valuables to be recovered and
This reimbursement is made up of all the
inherent services and operations:
- the collection of receipts, invoices, tickets and
commercial paper, drafts or bills of exchange,
bank checks and, generally, all
commercial or other non-protestable values, to
the exception of the values ​expressly mentioned
in postal regulations;
- the sending and the delivery of the objects against
stock market.

Article 13: The postal operator in charge of the service
universal postal service is designated by the State within the
of a concession.
Article 14: It is created, under the terms of this law, a
special fund known as the 'universel ”including the financing and management
will be determined by regulation.

Sub-section 6: Money orders
Article 15: Royalties relating to the service fund
universal postal service are collected by the regulatory agency
tion in accordance with the procedures provided for by the provisions
laws and regulations applicable to receivables
of State.
Section 2: Postal financial services
Article 16: Postal financial services include
nent:
- the funds transfer service;
- the postal check service;
- the postal savings bank service;
- currency exchange service;
- the service of the values ​to be recovered and the counterfunds
scholarships;
- the money order service;
- any other service, whatever the name,
relating to similar services.
Sub-section 1: From the funds transfer service
Article 17: The transfer of funds is carried out either by supphysical port or by electronic medium.
Sub-section 2: Postal check service

Article 22: The money order service is made up of
all issuance services and operations and
of payment of securities for the execution of transfer of
funds or by any other means of electronic transfer.
Article 23: All services or service operations
postal financial defects, other than those indicated in
Article 22 of this law, offered to users of
public postal services must be carried out in the
compliance with legislative and regulatory provisions
force.
Article 24: The State may entrust compulsory services
and missions of general interest to the operator in charge
of the universal postal service, with the aim in particular of
contribute to:
- certain administrative or economic missions
of State ;
- certain specific missions of the State in matters
defense and security;
- the realization of the State policy in matters
regional planning;
- the provision of services and operations which
must be returned free of charge or on condipreferential financial statements for the benefit of certain
users or to promote certain activities, in particular
press ment.

Article 18: The postal check service is constituted
by all services and opening operations
and keeping current accounts. The holders of these
accounts can mobilize their assets through a
postal check or by any other approved process, within

These services and missions are fixed by the same book
charges than that set out in Article 32, paragraph 3 of
this law. These specifications specify the modalities
their implementation and financing.

conditions and according to the modalities defined by the

Chapter 2: Reserved postal services
and competitive postal services

regulatory provisions in force.
Sub-section 3: Postal savings service
Article 19: The. postal savings service is set up
by all the services and operations aimed at
receive in deposit funds from natural persons and

Section 1: Reserved services
Article 25: To ensure the sustainability of the postal service
universal, are reserved for the operator in charge of this
service:

moral.

2766
Page 36

- collection, sorting, transport and distribution
correspondence, national and inter-

Official Journal of the Republic of Congo

subject to the granting of a concession to a person
public or private law, which gives it the exclusion

N ° 49-2009

national, for regular mail and courier
accelerated, the weight limit of which is determined by
regulatory;
- the right to issue and sell postage stamps,
tax stamps, official stamps, reply coupons and
all other postal fiduciary values, intended for
postage and philately, bearing the menthe word "Republic of the Congo" or any other sign,
seals or symbols of the Republic.

sivity of the missions of the universal postal service.
This concession fixes the object of the mission, the principle of
payment of annual royalties, the conditions of
renewal, modification and / or termination.
The concession is awarded for a period of thirty
years renewable.
The concession, to which is annexed a book of
charges, is approved by a decree in the Council of
ministers.

This provision does not preclude editing by
postal operators, stickers, bands or slips
postage for invoicing their services.
tions in compliance with legislative provisions and
regulations in force.

Article 32: The specifications for the supply of
fixed universal postal service, in particular, the conditions
in which are insured:

Article 26: Are also reserved for the operator charged
universal postal service, services relating to
registered and insured items.

- the availability and quality of services, according to their
nature and terms of their offer in terms
objectives to be achieved;
- the service of the national territory in terms of
establishment and maintenance of a public postal network,
the creation and abolition of post offices;
- equal treatment of users;
- neutrality and confidentiality of services;
- missions and services of general interest as well as
modalities of their realization, their duration and their
remuneration;
- determination and modification of pricing
applicable to each service by facilitating access
universal postal service to all categories
social aspects of the population;
- control of prices and quality of services;
- the principles of financial and accounting organization
table of the postal operator in charge of the service
universal postal service and its obligation to
cost accounting making it possible to determine
undermine the cost price of each service offered.

However, other postal operators may
provide services relating to consignment items
and / or delivery with proof made under condifreely determined contractual terms with their
clients.
Article 27: The prices of the reserved services will be
approved by the regulatory agency according to the terms
to be defined by regulation.
Section 2: Competitive postal services
Article 28: Any service is considered competitive
postal service that does not fall under the category of services
reserved referred to in Articles 25 and 26 of this Law. He
can be executed by any operator who has received it
authorization.
Article 29: Under the terms of this law, the activities
indicated below constitute postal services which are
competitive:

Chapter 2: bu authorization regime
Article 33: Operation by any postal operator,
except the operator in charge of the universel, a collection, routing and
delivery of ordinary or express mail, with a view to
to provide postal services to the public, is ensured
jettie to the prior issue of an authorization.

- collection and sorting services and operations,
routing and distribution of shipments of corresponse of a weight exceeding the limits of
weight of reserved services;
- collection and sorting services and operations,
routing and distribution of books, catalog
logs, newspapers, periodicals and postal packages;
- services and operations relating to transport
transfers of funds, to checking accounts or accounts
savings.

This operator must be constituted under
the form of a commercial company under Congolese law
and meet the technical and financial conditions,
in accordance with legislative and regulatory texts
in force.

TITLE III: LEGAL REGIMES
POSTAL SERVICES

Article 34: The authorization to use mail, to
which is attached a specification, is
assigned by the regulatory agency.

Article 30: Postal services are subject to one of the
legal regimes below:

This authorization sets the object of the mission, the principle
payment of annual royalties, the conditions of
renewal, modification and / or termination.

- Concession ;
- authorization;
- the statement.

It is awarded for a period of ten years, renewed
lable.

Chapter 1: The concession regime

Article 35: The specifications of the incumbent operator
an authorization to operate fixed mail, in particular

Article 31: The provision of the universal postal service and
more generally, the public postal service is

From Thursday 3 December 2009
Page
37

Official Journal of the Republic of Congo

2767

ment the conditions under which are insured:

Chapter 2: The regulatory agency

- the availability and quality of the services offered, according to
their nature and the terms of their offer in terms
objectives to be achieved;
- the service of the national territory, the creation and the
removal of access points;
- equal treatment of users;
- neutrality and confidentiality of services;
- determination and modification of pricing
applicable to each category of service;
- the keeping of cost accounting allowing
determine the cost price of each service
tion offered and the breakdown of its turnover
by category of service.
Article 36: The use of an authorization is subject to
payment by the postal operator of a fee
annual amount and payment terms
are set by joint order of the minister responsible for
posts and the minister in charge of finance, after consulting
the regulatory agency.

Article 47: The regulation of the postal sector is
provided by a regulatory agency created by law.
TITLE V: OFFENSES
AND SANCTIONS
Article 48: Subject to the criminal offenses set out
listed below, non-compliance with legal provisions
and regulatory as well as the obligations contained
in the specifications is liable to sanctions
administrative provisions provided for in this law.
Chapter 1: Offenses
Section 1: Violations
Sub-section 1: Violation
professional secrecy
Article 49: Employees of companies of the
post sector of:

Article 37: To obtain an authorization, the operator
postal service must file with the regulatory agency a
accompanied request:
- documents justifying that he meets the conditions
legal, technical and financial provided for by the
laws and regulations in force;
- a document indicating the nature and consistency
services to offer.

- disclose the content of any object entrusted to the service,
the content of telephone conversations or even
only the names of the correspondents;
- communicate to third parties that a corresponding object
dance has been received or shipped;
- make known to third parties the names of people
having received or sent a mail item to the letters
very.

Article 38: The regulatory agency has a period of
two months from receipt of the request
accompanied by the documentation cited above at
section 37 to meet the demand.

Sub-section 2: Violation of correspondence
Article 50: Constitutes the rule of the inviolability of
responses, the prohibition on agents who exercise
cent in the postal sector, to undermine,
anyway, to correspondence
of others.

Article 39: In case of refusal, the regulatory agency
sends a reasoned notification to the requester.
Chapter 3: The declaration regime

Article 51: Violation of correspondence is manifested
feste in the following cases:

Article 40: Are subject to the declaration regime,
collection and delivery activities or operations
and / or delivery of regular or expedited mail
carried out by postal service providers not
subject to concession and authorization regimes.

- opening of a correspondence, even without
to acknowledge ;
- familiarization with the content of a correspondence
dance, even without having violated the conditioning;
- voluntary deletion of correspondence;
- voluntary delivery of correspondence to a person
rings other than the recipient;
- voluntary delay caused in the delivery or
distribution of correspondence.

The list of these postal service providers will be
established by the regulatory agency.
The requests for the operation of these services are
addressed to the regulatory agency which issues a
receipt to the holder.

Article 52: The law grants a derogation from the rule of
violability of correspondence, with the authorization of
public prosecutor, in cases of necessity
following:

The agency defines the conditions and modalities of deposit
statements.
Chapter 4: Common provisions
to concession regimes
and authorization

- need to ensure state security and order
public;
- need to ensure the application of criminal laws;
- need to ensure the application of tax laws;
- need to apply certain legal provisions
on the capacity of people;
- need to ensure the functioning of the service
postal.

Article 41: Concessions and authorizations issued in
application of the provisions of this law are perpersonal and non-transferable. They are published in the Journal
official and on the website of the regulatory agency.

2768
Page 38

Official Journal of the Republic of Congo

Sub-section 3: Violation of the services
reserved postal

N ° 49-2009

Chapter 2: Finding of infringements
Article 59: Breaches of the provisions of
this law are recorded by means of the
leases drawn up by two of the agents listed below:

Article 53: It is prohibited for any natural person or
moral, to exercise or attempt to exercise an activity
postal service in violation of the reserved services as provided
in Articles 25 and 26 of this Law.

- the officers and agents of the judicial police referred to in ararticle 16 of the Code of Criminal Procedure;
- officials and agents of the administrations of
customs and taxes;
- officials and sworn agents of the ministry
in charge of the postal sector;
- sworn officers of the regulatory agency.

Section 2: Counterfeiting
Article 54: It is prohibited for any person exercising or
not an activity in the post sector of:
- fraudulently use, affix, remove, mutilate
or counterfeit a postage stamp, a reply coupon
international or any other fiduciary value even
withdrawn from circulation;
- contain a postage stamp, an international reply coupon
tional counterfeit or mutilated;
- fraudulently use mechanical equipment or
electronic franking;
- be guilty of complicity in the forgery of
postage stamps or international reply coupons
nationals.

Operators are required to provide the information
and documents requested, each time the
regulation requests it.
Professional secrecy is not enforceable against the agency
regulation which, however, is required to preserve the
confidentiality of the information collected having a
private.
Article 60: The minutes are submitted, according to the
case, by the minister in charge of posts or by the
regulation, which transmits them within five days, to
prosecution, to the public prosecutor.

Section 3: Lack of authorization
Article 55: It is prohibited for any natural person or
legal entity which has not received authorization from:

Chapter 3: Sanctions
- install and / or operate a postal service open to
public or to install and / or operate a
postal service open to the public;
- provide or cause to be provided a postal service open to
public.

Section 1: Administrative sanctions
Article 61: When a postal operator does not respect
the obligations provided for in the specifications as well
that by legislative and regulatory texts in
force, the regulatory agency gives notice to
comply within a maximum period of fifteen days.

Section 4: Violation of a decision
suspension or withdrawal
authorization

After this period, if the breach persists, the operator
is liable to administrative sanctions.

Article 56: It is prohibited for any natural person or
against which a decision to suspend or
withdrawal of the authorization is pronounced by:

Article 62: A sanction can only be pronounced
when the complaints against the person concerned have been
notified and that he was able to consult the file and
to present its written and / or oral justifications.

- maintain a postal service open to the public;
- provide or cause to be provided a postal service open to
public.

Article 63: Administrative sanctions include:
Section 5: Insertion of subjects
and prohibited items in
postal items

- the fine of ten to twenty million, doubled in the event of
recidivism ;
- the temporary ban on certain operations
tions;
- the suspension of the authorization or the concession
for a period not exceeding three months;
- withdrawal of the authorization or the concession.

Article 57: It is forbidden for any user of the post office to
in consignments entrusted to the post office, materials and
prohibited items.
The list of these prohibited materials and objects is fixed by
regulatory route.

Article 64: The fine, temporary prohibition or
suspension and withdrawal of the authorization are pronounced
by the regulatory agency.

Section 6: Interruption
and the disruption of
postal services

The fine, temporary ban or suspension of
the concession are pronounced by order of the Minister in
charge of posts, after consultation with the regulatory agency.

Article 58: It is forbidden for any individual or group to
dividus to interrupt or disrupt, of any
however, the normal operation of the
postal defects.

The withdrawal of the concession is pronounced by decree in
Council of Ministers.
Article 65: The sanctions are notified to the person concerned and

From Thursday 3 December 2009
Page
39

Official Journal of the Republic of Congo

published in the journal of the regulatory agency and in the
newspapers chosen by it, at the expense of the interested party.

2769

means of mail transmission, channels or
modes of transport for which access depends on it;
- used or attempted to use a postage stamp removed from the
service as a means of postage.

Article 66: Transactional fines are recovered
vested by the regulatory agency as receivables
the state.

Article 72: Shall be punished with imprisonment
from one to six months and a fine of 2,400,000 to
12,000,000 CFA francs, anyone who violates the
rules of the inviolability of correspondence and secrecy
professional as defined in Articles 49 and 51 of
this law.

The regulatory agency cannot be informed of the facts
going back more than three years, if no act has been done
tending to their research, their observation or their
sanction.
Section 2: Criminal sanctions

Article 73: Shall be punished with imprisonment of
three months to one year and a fine of 500,000 to
5,000,000 CFA francs, or one of these two penalties
only, whoever, in a fraudulent manner, will have
actively participated in the design, organization
and the implementation of anti-competitive practices
determined by regulation.

Article 67: Shall be punished with imprisonment of
three months to one year and a fine of 500,000 to
10,000,000 CFA francs or one of these two
penalties only, whoever will have:
- installed and / or operated or had installed and / or made
operate, without authorization, an open postal service
to the public or will have maintained it in violation of a
decision to suspend or withdraw the authorization
tion; carried out the issuance of postage stamps in violation
a decision to suspend or withdraw the auttorization;
- provides or causes to be provided to the public a postal service or
will have maintained it in violation of a decision to suspend
pension or termination;
- assigned its authorization to a third party;
- been guilty of complicity in the failure to observe
provisions of this law.
Article 68: Shall be punished with imprisonment of
six months to two years and a fine of 1,000,000 to
50,000,000 CFA francs or one of these two
penalties only, whoever has issued or caused to be issued
postage stamps without prior agreement from the operator
public, in accordance with the provisions of Article 25 of
this law.

Transport contractors are personally
responsible for offenses committed by their
employees.
Article 74: The fact of inserting in a postal item,
prohibited materials or objects is punished by a
fine of 1,000,000 CFA francs.
The natural persons guilty of the offense
provided for in this article incur the additional penalties
mentions mentioned in points a and b of article 75
of this law.
Article 75: Natural persons guilty of one
offenses defined in Articles 72, 73 and 74 of the
this law may incur additional penalties
following tories:
at. the ban, for a period of one year at most,
to exercise professional or social activity in
the exercise of which or on the occasion of which the
fraction has been committed;
b. the confiscation of the thing which was used or was descommitted to committing the offense or the thing thereof
the product, with the exception of objects liable to
restitution, under the regulatory conditions in
vigor;
vs. the closure, for a period of one year at most, of
establishments or one or more establishments
sings of the company that were used to commit the
incriminated facts.

Article 69: Will be subject to the sanctions provided for by the
penal code, whoever is guilty of
offenses provided for in article 58 of this law.
Article 70: In the event of a conviction for one of the
offenses provided for in Article 57, the competent court
tent will pronounce confiscation and destruction, to the
costs of the accused, objects of fraud and those
have served or were intended to commit the offense
tion, in accordance with the provisions of the Criminal Code.
Article 71: Shall be punished with imprisonment of
six months to two years and a fine of 500,000 to
5,000,000 CFA francs or one of these two penalties
only, whoever will have:
- exercised or attempted to exercise an activity of the service
reserved as provided for in Articles 25 and 26 of the
this law;
- abandoned, withheld, hijacked or attempted to hijack
voluntarily a means of transmission of the
laughing, embarrassed or hampered or delayed
the routing of a postal item;
- stopped or attempted to stop a mail transport
with the intention of stealing it;
- refused or caused to be refused, delayed or caused to be delayed
mail flow or the movement of

2770
Page 40

Article 76: Legal persons declared criminal
responsible for one of the offenses defined in
Articles 72, 73 and 74 are punishable by fines.
niaries provided for in the above-mentioned articles as well
additional penalties provided for in Article 75 of the
this law.
Section 3: Recurrence
Article 77: In the event of a repeat offense, the penalties provided for in
Articles 68, 71, 72, 73, and 74 of this law are
doubled.
Article 78: In the event of the accumulation of several offenses
the provisions of this law or of the penal code, the
heaviest penalty on the scale will be pronounced at the place

Official Journal of the Republic of Congo

N ° 49-2009

of the offender.
- ORDERS The competent court may also prohibit penfor a period of at least two years, the granting of a
authorization to the offender.

A - GENERAL SCOPE

TITLE VI: MISCELLANEOUS PROVISIONS,
TRANSITIONAL AND FINAL

MINISTRY OF FINANCE, BUDGET
AND THE PUBLIC PORTFOLIO

Article 79: In application of government policy
tale in terms of posts, installation and / or operation
tion, throughout the territory of the Republic
of the Congo, an extraterritorial exchange office is
prohibited.

Order n ° 10979 of November 26, 2009 fixing
the opening procedures and the thresholds of the cash registers
in advance and out of pocket expenses.
The Minister of Finance, Budget
and the public portfolio,

The commissioning of a foreign exchange office
ritorial exposes the holder to the penalties provided for in the
ticle 75, paragraph a. of this law.

Considering the Constitution;
Considering the law n ° 1-2000 of February 1st, 2000 establishing the law
organic relating to the financial regime of the State;
Considering the decree n ° 2000-187 of August 10, 2000 relating to the
general ment on public accounting;
Considering the decree n ° 2009-230 of July 30, 2009,
both the modalities of execution of State expenditure;
Considering the decree n ° 2009-335 of September 15, 2009 relating
appointment of members of the Government;
Considering the decree n ° 2009-392 of October 13, 2009 relating to
powers of the Minister of Finance, Budget and
public portfolio.

Article 80: Postal operators holding authorizations
tions issued for an indefinite period have
six months from the date of promulgation
of this law, to comply with the new
vels legal provisions.
Article 81: Concessions or authorizations to install
lation and / or operation of postal services
issued before the date of promulgation of this
law, for a fixed period, retain the benefit
from their validity until their expiration.

Stopped :
Article 82: When the period of validity of a concession
or an authorization expires, the holder is
required to submit a renewal request to
the competent authority, within twelve months to
the concession and three months for the authorization.

Chapter I: General provision
Article 1: This decree defines, in application
of the provisions of article 69 of decree n ° 2009-230 of
July 30, 2009 referred to above, the opening procedures as well
that the thresholds for advance funds and
out of pocket expenses.

Article 83: This law will be published in the Journal
official and enforced as state law.
Done in Brazzaville, November 25, 2009

Chapter II: Cash in advance

By the President of the Republic,

Article 2: The advance funds are created, upon proposal
tion of the minister or the head of the institution
interested, by order of the minister in charge of
finance which fixes the amount and appoints the
sisters.

Denis SASSOU-N'GUESSO
Minister of Posts, Telecommunications
and new technologies
communication,

Article 3: The advance funds are opened in a manner
ad hoc during official trips for senior
personalities designated below

Thierry MOUNGALLA
The Minister of State, coordinator of the pole
of sovereignty, keeper of the seals,
Minister of Justice and
human rights,

- President of the Republic ;
- President of the Senate;
- President of the National Assembly;
- Members of the Government and personalities
milées;
- First President of the Supreme Court and Prosecutor
general to this Court;
- President of the Constitutional Court;
- President of the Economic and Social Council;
- President of the Superior Council for Freedom of
munication;
- Chairman of the national human rights commission
the man ;
- Mediator of the Republic.

Liked Emmanuel YOKA
The minister of the Interior
and decentralization,
Raymond Zéphirin MBOULOU
The Minister of Finance, Budget
and the public portfolio,
Gilbert ONDONGO

Article 4: Are also the object of opening of boxes

From Thursday 3 December 2009
Page
41

Official Journal of the Republic of Congo

2771

in advance, expenses related to exceptional events
B - SPECIAL TEXTS

nels below:
- festivals and public events;

MINISTRY OF FOREIGN AFFAIRS
AND COOPERATION

- various calamities;
- international conferences and meetings organized
in Congo.

REFUND
Article 5: Advance funds relating to missions
Order n ° 10967 of November 24, 2009 . The
reimbursement of a sum of two hundred and twenty two
one thousand CFA francs, representing the transport costs of
personnel is authorized to M. OBASSELIKI ( Lambert ),
previously on a service mission in Kinshasa (DRC).

of the personalities referred to in article 3 above are
set at five million CFA francs maximum, exception
made for the missions of the President of the Republic,
the minister in charge of finance and the minister in
in charge of foreign affairs.

This reimbursement is made within the limit of what
the administration must bear.

Article 6: The maximum amount of advance funds
other than those relating to missions may not exceed

This expenditure is chargeable to the budget of the Minister
foreign affairs and exercising Francophonie
this 2009, title 6 ministry 31 section 162, sub-section
1355, nature 6173, type 1.

the sum of one hundred million CFA francs.
Chapter III: Petty Expenses Funds
Article 7: Petty expenses funds are

This decree takes effect from the date of
signature.

open to facilitate the settlement of out-of-pocket expenses
its operation of services, in particular

Order n ° 10968 of November 24, 2009. It is
authorized to Mr. ATSOUAWE (Didace), on duty at the
Basade of the Republic of Congo in Beijing
(People's Republic of China), the reimbursement of
the sum of one million eight hundred and one thousand francs cfa,
representing the personnel transport costs that he has
spent to bring his family closer.
This reimbursement is made within the limit of what
the administration must bear.

operating expenses of ministers' offices
and institutions, prison services,
barracks, hospitals, radio and television,
data centers, data centers as well
than food and stewardship expenses.
Article 8: Petty expenses funds are
opened by order of the Minister in charge of finance
at the request of the administrator of the credits concerned.

This expenditure is chargeable to the budget of the Minister
foreign affairs and exercising Francophonie
this 2009, section 161, sub-section 1111, nature 06173,
type 1.

This decree specifies the names, first name, function and
pay number of the manager of the petty cash fund
expenses.

This decree takes effect from the date of
signature.

Article 9: The annual amount of a petty cash fund
expenditure may not exceed ten million CFA francs per
budget line. The maximum amount at checkout cannot be

Order n ° 10969 of November 24, 2009. East
authorized to Mr. OKIO (Luc Joseph), ambassador
permanent representative of the Congo to the office of
United Nations and other international organizations
in Geneva, the reimbursement of the sum of
twelve million five hundred twelve thousand five hundred thirty
nine CFA francs, representing the tuition fees of
children he paid.

exceed three million CFA francs.
Article 10: The number of supplies to the boxes
out of pocket expenses is limited to four to one
year. Any new supply cannot be
carried out only after proof of supply
precedent duly validated by the controller's delegate
financial; within a maximum of thirty days.

This reimbursement is made within the limit of what
the administration must bear.

Chapter IV: Final provision
This expenditure is chargeable to the budget of the Minister
foreign affairs and exercising Francophonie
this 2009, section 161, sub section 8199, nature 06651,
type 1.

Article 11: This decree which repeals all provisions
previous conditions to the contrary, takes effect from the 1st
January 2010, will be published in the Official Journal of the
Republic of Congo.

This decree takes effect from the date of
signature.

Done in Brazzaville, November 26, 2009
Gilbert ONDONGO

2772
Page 42

Official Journal of the Republic of Congo

N ° 49-2009

The said document was filed with the Registry of the Court of
Pointe-Noire trade.
NON-OFFICIAL PART

To notice,
The General Administrator.

- ANNOUNCEMENT ASSOCIATIONS
LEGAL ANNOUNCEMENTS
Department of Brazzaville
Murphy West Africa, Ltd, Congo branch of the
company Murphy West Africa, Ltd
Headquartered at Shirlaw House, 87 Shirley
Street, Nassau, Bahamas

Erratum in the Official Journal n ° 46
of 12 November 2009
(1st and 2nd column, page 2705)

Address of the branch: Immeuble Les Manguiers,

Modification

4th floor, Downtown Pointe-Noire (Republic of
Congo) RCCM CG / PNR / 09 B 1209 (former
number 03 E 547)

Year 2009
Instead of :

According to the certificate of the secretary of the company, in
date of September 23, 2009, registered on November 4
2009 in Pointe-Noire (Recipe from Pointe-Noire Center),
under number 7026, folio 192/2, the
appointment, by a resolution of the Board of Directors
tration of the company, dated February 18, 2009, of
Mr. David Manuel Dos Santos Sousa, in his capacity
again Head of the Congo branch of
Murphy West Africa, Ltd, replacing
Mr. Bruce Laws.

Receipt n ° 004 of March 31, 2009 .
Declaration to the Ministry of Land Administration
toire and decentralization of the association.
The prefect, director general of the land administration
office and decentralization certifies having received
president of the association: '' CHURCH OF CHRIST SUR
THE TERRE DIEUDONNEE '', previously recognized
by receipt n ° 812 of August 10, 1964, a declaration

The filing of this document was registered with the Registry of
Commercial Court of Pointe-Noire under number
CG / PNR / 09 B 1209 - 09 DA 655 of November 9, 2009.

dated March 31, 1998 by which is communicated
the change within said association.
Thus, this association will henceforth be called: ''
CHURCH OF GODONY ''.

Registration in the Trade and Credit Register
Mobilier de Pointe-Noire was made under the number
RCCM CG / PNR / 09 B 1209, also bearing the standard
nization of the branch registration audit
Register.

Headquarters : 69, rue Ngoko, Talangaï, Brazzaville. Dated
of declaration : August 10, 1964.
Read:

To notice
Board of directors.

Receipt n ° 004 of March 31, 1998 .
Declaration to the Ministry of Land Administration
toire and decentralization of the association.
PRESTOIL KOUILOU
Public limited company with general administrator
WITH A CAPITAL OF 10,000,000 CFA FRANCS
REGISTERED OFFICE: 16 AVENUE FAYETTE TCHITEMBO,
FACING THE CLINIC
OCEAN BP 1146, POINTE-NOIRE
REPUBLIC OF CONGO
RCCM: CG PNR 09 B 763

The prefect, director general of the land administration
toire and decentralization certifies having received from the chief
spirituality of the religious congregation: '' CHURCH OF
CHRIST ON THE LAND OF GOD '', previously
recognized by receipt n ° 812 of August 10, 1964, a
declaration dated March 31, 1998 by which
communicated the change within said

According to the minutes of the resolutions of
the sole Shareholder within the framework of the General Meeting
Ordinary General Meeting of October 30, 2009, registered on
November 2009 in Pointe-Noire (Recipe from Pointe-Noire
Center) under n ° 7116, folio 195/16, the Shareholder
unique of the company has decided in particular to appoint, to
as of October 30, 2009, and for the remainder of
run from the mandate of the General Administrator, in quaity of the new Deputy General Administrator, Mr.
Georges Cassien MABONA.

spiritual congregation. So this spiritual congregation
from now on will be called: ''
DIEUDONNE ''.

The rest without change.

Page 44
43

Printed in the workshops
of the Printing Office of the Official Journal
BP: 2087 Brazzaville

CHURCH

