38 No. 18
Fraudulent retention of
messages
Protection of installation
or plant
used by
public
telecommunicaor
tion
postal
licensee
Tanzania Communications
1993
(a) in the case where the false or fabricated message contains any
reference to the presence in any place or location of a bomb or
other thing liable to explode or ignite, to a fine not exceeding
five hundred thousand shillings or to imprisonment for a term
not exceeding seven (7) years or to both such fine and imprisonment.
(b) in any other case, to a fine not exceeding three hundred thousand
shillings, or to imprisonment for a term not exceeding three years
or to both such fine and imprisonment.
73. Any person who fraudulently retains or wilfully secretes, makes
away with or detains a message or record of a message which ought to
have been delivered to some other person or being required by a public
telecommunication licensee to deliver up any su.ch message or record
thereof neglects or refuses to do so commits an offence and shall be
liable on conviction to a fine not exceeding three hundred thousand
shillings, or to imprisonment for a term not exceeding three years or to
both such fine and imprisonment.
74.-(1) No person shall, without the written approval of a public
telecommunication licensee or a public postal licensee, as the case may
be(a) lay or carry any mains, pipes, conduits, circuits or wires in, along,
through, across, over or under any street or place in a manner
which is likely to interfere with or cause damage to any installation
or plant used for telecommunications or for postal services;
(b) perform any work of laying, installing, construction or maintaining any telecommunication line or equipment used or intended
for use with any equipment or telecommunication system or for
postal services;
(c) affix any placard, advertisement, notice or other thing in or on,
paint, tar or in any way disfigure any installation or plant used
for telecommunications or for postal services.
(2) Subject to subsection (3), any approval under subsection (1) may
be granted or withheld by the licensee concerned or may be granted
upon such terms and conditions as the licensee concerned thinks fit to
impose.
(3) Any dispute relating to the withholding of any approval under
subsection (1), or the terms and conditions attached to the granting or
such approval, shall be referred to the Commission whose decision shall
be final.
(4) Where the commission by any person of an offence under subsection (1) is due to the act or default of some other person, that other
person shall be guilty of the offence; and a person may be charged with
and convicted of the offence by virtue of this subsection wether or not
proceedings are taken against the first-mentioned person.