accordance with the instructions as may be given by the Authority.
PART SIX
COMPLIANCE AND ENFORCEMENT
18. Compliance
The Authority shall monitor a Telecommunications Operator’s compliance with the provisions
of the Proclamation and this Directive.
19. Procedures for Rectifying Contraventions of Quality of Service Requirement
1) In case of a contravention of a Quality of Service requirement, the Authority shall send a
formal notice to the Telecommunications Operator to rectify the problem within twenty (20)
working days.
2) In the event that a joint team of the Authority and the Telecommunications Operator
determines that the contravention cannot be resolved within twenty (20) working days, the
Telecommunications Operator shall be required to submit an action plan to address and
resolve the contravention.
3) Any such plan submitted in Sub-Article (2) of this Article, shall be subject to review and
approval by the Authority.
4) The Authority shall apply the appropriate sanctions on a Telecommunications Operator for
failure to rectify a contravention in accordance with the action plan approved pursuant to
Sub-Article (3) of this Article.
20. Compensations
1) For any contraventions of a QoS requirement including for service outages customers shall
not be required to pay for the services not received.
2) Affected Customers shall be compensated by Telecommunications Operators in terms of
tangible service benefits to the Customer including but not limited to additional airtime or
data allowance, except in the case of excused performance due to an event of force majeure.
21. Enforcement
1) Where the Authority, consistent with the provisions of this Directive, the Proclamation, and
other instruments that the Authority may issue, determines that a Telecommunications
Operator has violated the provisions of this Directive, it shall impose remedies pursuant to
Article 52 of the Proclamation that shall include fines or restitution.
2) Without prejudice to Sub-Article (1) of this Article and Sub-Article (4) of Article 19 of this
Directive, the Authority’s remedies and sanctions shall be guided by the Council of Ministers
Regulation issued pursuant to Article 52(6) of the Proclamation that determines the types of
infractions that would result in license revocation, suspension and other administrative
measures and stipulate the penalties and the amount of fines to be paid.
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