Electronic And Postal Communications (Digital and other Broadcasting
Networks)
G.N. No. 418 (contd)
channels.
Appeal
21.-(1) Where the period for negotiations has lapsed and
there is failure to reach agreement or a dispute arises between
parties under a Service Level Agreement, then any aggrieved
party may appeal to the Authority and serve to the opposite party a
copy of document containing the appeal.
(2) The party that appeal to the Authority shall at the time
of
filing the appeal, provide all relevant documentation
concerning:
(a)
unresolved issues;
(b)
the position of each party with respect to
unresolved issues; and
(c)
any other issue discussed and resolved by the
parties.
(3) A licensee against whom an appeal is filed shall
respond to the other licensee’s appeal and provide additional
information required within twenty one days from the date the
appeal was filed with the Authority.
(4) The Authority may require the appealing party and
the responding party to provide such information as may be
necessary for the Authority to reach a determination on the
unresolved issues.
(5) Where any party refuses or fails to respond within
thirty days from the date of any request by the Authority, the
Authority may proceed to resolve such issues on the basis of the
information available to it from whatever source derived and make
a determination on the issues including imposing appropriate
conditions on implementation of the terms and conditions parties
to the agreement.
(6)
A multiplex operator shall submit all disputes
involving other licensees to the Authority for determination.
Penalties
22. Any licensee who contravenes any provision of these
Regulations commits an offence and shall be liable on conviction
to a fine of not less than Tanzanian Shillings five millions.
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