PROPOSED RADIO SPECTRUM

MANAGEMENT POLICY FOR

UGANDA
Radio Spectrum Management policy for Uganda

TABLE OF CONTENTS

1. BACKGROUND TO RADIO SPECTRUM MANAGEMENT POLICY ............. 3

1.1. Introduction ...................................................................................... 3
1.2. Context of the Radio Spectrum Management Policy .......................... 3
1.2.1 Government Goals....................................................................... 3
1.2.2 Current legal and regulatory framework...................................... 6
1.2.3 Usage of spectrum in Uganda...................................................... 7
1.3. Rationale of the Radio Spectrum Management Policy........................ 8

2. PREAMBLE OF THE RADIO SPECTRUM MANAGEMENT POLICY .......... 9

3. RADIO SPECTRUM MANAGEMENT POLICY OBJECTIVES AND

PRINCIPLES .................................................................................................. 9
3.1. Goal and objectives of Spectrum management in Uganda................. 9
3.2. Principles of the Radio Spectrum Management Policy ....................... 9

4. SPECTRUM MANAGEMENT PROCLAMATIONS .................................... 10

4.1 Allocation of radio spectrum ........................................................... 10
4.2 Radio spectrum planning ................................................................ 10
4.3 Authorization to use radio spectrum ............................................... 10
4.4 Spectrum Pricing............................................................................. 11
4.5 Management of orbital slots ............................................................ 12
4.6 Regional and International engagement .......................................... 12
4.7 Compliance ..................................................................................... 12

5. IMPLEMENTATION................................................................................ 12

2
Radio Spectrum Management policy for Uganda

1. BACKGROUND TO RADIO SPECTRUM

MANAGEMENT POLICY
1.1. Introduction
The radio frequency spectrum, which is the part of the electromagnetic
spectrum from 1Hz to 3000GHz, is a finite, natural resource that is
essential to various radio-communication services that are pivotal to
society.1 These include the following types of services and activities;
Telecommunications,
Aeronautical
National security communications
Public protection and disaster relief communications
Broadcasting
Satellite communication
Industrial, science and Medical research
maritime

This radio spectrum management policy sets out the key objectives
and principles that shall guide the management of the radio frequency
spectrum in Uganda for the next five years.

1.2. Context of the Radio Spectrum Management

Policy
1.2.1 Government Goals
A. Vision 2040
Ugandas National Vision is a Transformed Ugandan Society from a
Peasant to a Modern and Prosperous Country within 30 years. To this
end, Uganda Vision 2040 seeks to progress efforts in addressing the
strategic bottlenecks that have constrained Ugandas socio-economic
development such as;
ideological disorientation,
weak private sector,
underdeveloped human resources,
inadequate infrastructure,
small market,
lack of industrialization,
underdeveloped services sector,
under-development of agriculture, and
poor democracy.

The long term plan seeks to strengthen the following fundamentals of the
economy to harness the abundant opportunities around the country
such oil and gas, tourism, minerals, ICT business, abundant labour
force, geographical location and trade, water resources, industrialization,
and agriculture;

1
The usable spectrum currently ranges from 9kHz to 300GHz.

3
Radio Spectrum Management policy for Uganda

Infrastructure (energy, transport, water, oil and gas, and ICT);

Science, Technology, Engineering and Innovation (STEI);
Land use and management;
Urbanization;
human resource; and
peace, security and defense.

In the case of ICT, the country, under the fundamentals for development,
looks to continuously build robust ultra-high speed, pervasive, intelligent
and trusted high speed ICT infrastructure all over the country in line
with the changing technologies.

B. National Development Plan II

The National Development Plan (NDP) stipulates the Countrys medium
term strategic direction, development priorities and implementation
strategies.
The second National Development Plan (2015/16 to 2019/20), under the
theme Strengthening Ugandas Competitiveness for Sustainable Wealth
Creation, inclusive Growth and Employment, aims at strengthening
Ugandas competitiveness for sustainable wealth creation, employment
and inclusive growth. The Plan prioritizes investment in five (5) areas
with the greatest multiplier effect on the economy which are-:
I. Agriculture;
II. Tourism;
III. Minerals, oil and gas;
IV. Infrastructure development; and
V. Human capital development.

The plan recognized the continued need to reduce costs of doing business
by investing in infrastructure (transport, ICT and energy), improve public
sector management, deliver basic services effectively and improve skills
and innovation.

C. Communications sector specific goals

The key objective of the Government with respect to the Communications
Sector, as outlined in section 3 of the Uganda Communications Act,
2013, is to develop a modern communications sector, which includes
telecommunications, broadcasting, radio communications, postal
communications, data communication and infrastructure.

In 2014, the Ministry of Information and Communications Technology

(ICT) developed a National ICT Policy with broad policy objectives and
sub sector policies objectives for Telecommunications, Broadcasting,
Postal, Information Technology, Information Management Services as well
as other crosscutting and emerging areas.

4
Radio Spectrum Management policy for Uganda

The broad policy objectives include;

i) Build a knowledge based human capital;
ii) Promote innovation in economic and social systems;
iii) Expand ICT infrastructure and its integration throughout the
country;
iv) Deepen utilization of ICT services by government, private sector,
Non-Government Organizations and citizenry;
v) Enhance research and innovation in ICT products, applications,
and services; and
vi) Improve ICT governance and environment in Uganda.

The policy objectives for the telecommunications sub-sector include the

creation of a conducive environment for the establishment of a fully
liberalized technology-neutral and competitive telecommunications
sector. One of the strategies identified towards this is to enforce fair and
efficient management of scarce resources such as spectrum, numbering
and rights of way.

In 2015, the Ministry of ICT then developed an ICT sector Strategy and
Investment Plan (ICT-SIP) with a vision of a knowledge-based Uganda
enabled by a vibrant ICT Sector. The overall goal of the ICT-SIP is to
increase access and usage of ICT in the country so as to transform the
economy and improve service delivery. Three (3) strategic themes were
identified, and these are:
Foundational Support for ICT Development comprising all
components that render foundational support to the initiatives of
the sector
Enabling Environment to spur ICT growth and utilization
comprising the initiatives that will inspire trust and confidence in
the use of ICTs and thereby bring about growth in ICT and its
utilization; and
ICT for Service Delivery comprising all interventions aimed at
harnessing the potential of ICTs as an enabler of growth and
service delivery.

The review of the Spectrum Management Framework to facilitate

realization of the broadband goals was identified under the SIP as a
strategic intervention towards the objective of ensuring a conducive
policy, legal and regulatory framework that is responsive to industry
demands.

In 2015, the Ministry of ICT also spearheaded the development of a

proposed National Broadband Strategy whose key objective is to facilitate
uptake of broadband for socio-economic transformation of the country.
Under this, the formulation of an ICT scarce resources management
policy for their optimal utilization (frequency spectrum, orbital slots, .ug
top level domain, numbering pla ns) was identified as a strategy towards
ensuring accessibility and affordability of broadband services for all
citizens.

5
Radio Spectrum Management policy for Uganda

1.2.2 Current legal and regulatory framework

The primary law of the Communications Sector is the Uganda
Communications Act 2013, which established Uganda Communications
Commission (UCC) as the regulator in the sector. Section 5(1)(c) of the
Act confers upon UCC the responsibility to allocate, license, standardize
and manage the use of the radio frequency spectrum resources in a
manner that ensures widest variety of programming and optimal
utilization of spectrum resources. Section 25 (1) of the Act provides
further that UCC is exclusively responsible for
a) planning, monitoring, managing and allocating the use of the radio
spectrum;
b) establishing technical requirements and standards in respect of
radio communications apparatus and interference-causing
apparatus or any class of that apparatus;
c) negotiating with the International Telecommunications Union or its
affiliated bodies on matters relating to radio spectrum.

Further, Section 7(1) of the 2013 Act on Powers of the Minister provides
that the Minister may, in writing, give policy guidelines to the
Commission regarding the performance of its functions. Subsection (2)
of this section requires the Commission to comply with the policy
guidelines given by the Minister under this section.

Section 93 of the 2013 Act on Regulations provides that the Minister

may, after consultation with the Commission and with the approval of
Parliament, by statutory instrument, make regulations for better carrying
into effect the provisions of this Act. Subsection 2(q) names the licensing
and management of telecommunication numbering and orbital slots as
one of the regulatory aspects for which the Minister may make
regulations.

In fulfilment of its mandate, UCC established a regulatory framework

comprising of the following:

a) In accordance with section 94(I) of the Uganda Communications

Act of 1997, UCC made Regulations pertaining to communications
services to give effect to the provisions of the Act. These
regulations included the Communications (Radio) Regulations,
2005 that establishes a framework for efficient use and
management of radio resources without causing harmful
interference.

b) In 2009, UCC issued Radio spectrum policy guidelines to guide the

public on the use of the resource in a proper manner. These
guidelines outlined the objective and the spectrum management

6
Radio Spectrum Management policy for Uganda

principles that form the key basis for the management of the
spectrum in the country.

c) In 2010, UCC also issued guidelines on radio spectrum hoarding to

discourage radio spectrum hoarding and ensure compliance with
operators licences and frequency licensing conditions. These are
applicable to both new entrants and the existing operators/users
in the telecommunications market in Uganda.

d) In 2010, UCC also developed an Inspection framework, outlining

technical procedures to be followed in the implementation of radio
station inspections to determine spectrum user compliance in
accordance with the Uganda Communications Act, the Uganda
Communications (Radio) Regulations, 2005 and the Spectrum
Policy Guidelines.

e) Subsequent to the 2006 liberalization of the telecommunications

market, UCC also issued guidelines on radio spectrum reservation
in access bands and microwave bands to facilitate the licence
processing for prospective and existing PIP/NTO 2 licensees
applying for use of spectrum.

f) UCC has also, over the years, acquired equipment and established
infrastructure across the country towards strengthening its
capacity to plan and monitor the use of the radio spectrum in
Uganda more effectively.

g) Over the years, UCC has issued various guidelines to facilitate

introduction and use of different technologies in Uganda including:
The guidelines on use of unlicensed radio Spectrum
designated for Industrial, Scientific and Medical (ISM)
application issued in 2008,
The guidelines on use of wireless Short Range Devices (SRD)
issued in 2010

1.2.3 Usage of spectrum in Uganda

Spectrum demand is driven by a number of factors. Key among these are
the level of usage of the associated services, technology developments,
the national plans, as well as regional and international decisions.

Although there is continued evolution of more spectrum efficient

technologies, the industry is also developing new spectrum-hungry
systems and applications. The emergence of a networked society and
expansion in use of spectrum to other sectors of the economy like
agriculture, transport and energy due to developments such as Internet

2
PIP public infrastructure provider, NTO national telecommunications operator

7
Radio Spectrum Management policy for Uganda

of Things, has also heightened the scarcity of spectrum and its

importance to the development agenda of the country.

The level of usage of the various radio communications services also

differs with developments in the industry as well as socio-economic
factors. The figure below highlights the proportion of spectrum allocated
which has been assigned. It is noteworthy that the GSM access
spectrum bands stand at 98.61% and the FM radio spectrum band
stands at 89% with a number of the planning regions at 100%.

The level of assigned spectrum in the respective radio spectrum bands

allocated3

1.3. Rationale of the Radio Spectrum Management

Policy
Recognizing the various national goals, the constraints on spectrum
availability due to the increasing uses, technological advancements
and competing demands for radio spectrum, it is necessary for the
radio spectrum to be managed in a manner that balances the different
spectrum needs of users and technologies, and the legitimate interests
of the different users, while controlling any occurrence of interference,
and ensuring that it is used efficiently.

3
The graph has been compiled based on the following:
1) Broadcasting: Television service and FM Radio
2) Public protection and disaster relief
3) Telecommunications (based on CDMA, LTE, UMTS, GSM, WIMAX, McWILL, & Point to Point)
4) Private Radio Network (Two Way services)

8
Radio Spectrum Management policy for Uganda

2. PREAMBLE OF THE RADIO SPECTRUM

MANAGEMENT POLICY
This Radio Spectrum Management Policy puts forth the objectives,
principles and associated proclamations that shall guide UCC in the
management of the radio frequency spectrum within its existing
legislative responsibilities in order to extract maximum social-
economic value for Uganda in the dynamic radio-communication
environment, while taking due regard of the various government policy
objectives.

This Policy shall apply to any person involved or engaged in radio-

communications in Uganda.

3. RADIO SPECTRUM MANAGEMENT POLICY

OBJECTIVES AND PRINCIPLES
3.1. Goal and objectives of Spectrum management in
Uganda
The overarching goal of the policy is to guide the efficient and
effective radio spectrum management towards the realization of
the social economic development of Uganda

The specific objectives of the radio spectrum management policy are

as follows:
a) To encourage the investment in and use of spectrum efficient
technologies and techniques.
b) To facilitate the development, of the use of radio-communication
services and applications by Government, commercial and
private users across the country.
c) To improve the transparency and effectiveness of the spectrum
management process in Uganda

3.2. Principles of the Radio Spectrum Management

Policy
To achieve the objectives above, the management of the radio spectrum
shall seek to:
i. maximize the public good from spectrum
ii. promote and protect competition to the benefits of consumers
iii. follow objective, proportionate and consistent spectrum
management processes and procedures
iv. facilitate critical public emergency and safety of life services
through availability of spectrum
v. observe technology neutrality as applicable
vi. uphold stakeholder engagement and involvement

9
Radio Spectrum Management policy for Uganda

vii. apply market and administrative/regulatory approaches as

applicable
viii. maintain effective regional & international harmonization of radio
spectrum
ix. avoid occurrence of harmful interference among the authorized
users of the radio spectrum.

4. SPECTRUM MANAGEMENT PROCLAMATIONS

4.1 Allocation of radio spectrum
The radio spectrum shall be categorized by UCC in different frequency
bands according to the different radio services provided and registered in
the National Table of Frequency allocation (NFTA).

a) The National Table of Frequency allocation shall be reviewed and

revised periodically to facilitate adoption of new technologies and meet
emerging needs of spectrum users. Allocation of the radio spectrum
shall be done in accordance with the International
Telecommunications Union (ITU) regulations and recommendations.

b) Public Protection and Disaster Relief communication services shall be

availed radio spectrum in line with ITU provisions subject to
availability.

4.2 Radio spectrum planning

a) UCC is exclusively responsible for the development, coordination and
implementation of frequency band plans.

b) The radio spectrum planning shall be done following systemic

guidelines in accordance with industry recognized recommendations
and NTFA.

c) Spectrum sharing in the various bands shall be considered by UCC on

a case by case to promote optimum utilization of spectrum.

d) In developing frequency band plans, UCC shall strive to ensure that

all types of technology that can be used for the service declared under
the NFTA are accommodated as applicable.

4.3 Authorization to use radio spectrum

a) The use of radio spectrum shall be subject to obtaining the respective
authorization from UCC by the eligible persons.

10
Radio Spectrum Management policy for Uganda

b) The assignment and the instrument of authorization issued by UCC

grants the specified party the right to use the respective radio
spectrum in accordance with the specified terms and conditions.

c) The specific conditions that shall be issued at the time of

authorization and assignment, shall seek to address the technical,
social, environmental, legal, economic and financial requirements.

d) The authorization and assignment shall be done in accordance with

the NFTA and specified frequency band plans.

e) All radio spectrum authorization shall be for a fixed duration that

shall be determine by UCC and shall be subject to any changes in the
NFTA

f) Authorization and assignment shall be based on mechanisms or

process that will deliver best value to Uganda including, but not
limited to, first come first serve, comparative selection, auction, or
license exemption.

g) Rights of use for any radio frequency cannot be transferred without

the prior consent of UCC.

h) In considering an application for authorization and assignment, the

existing spectrum holdings of the applicant shall be considered to
ensure that the resultant spectrum distribution does not harm
competition.

i) UCC shall withdraw any radio spectrum:

i. that is not brought into use by the date specified in the
authorization and/or assignment
ii. that is unutilized due to unauthorized suspension in the use of
the spectrum.
iii. That is determined to be under-utilized by UCC.

j) Spectrum authorization shall be granted to facilitate research and

experimental testing in the development of innovative radio-
communication technologies and techniques, subject to availability of
spectrum and the justified interests of other spectrum users.

4.4 Spectrum Pricing

a) Spectrum fees shall be determined on a case by case basis through
administrative processes by UCC and market oriented mechanisms as
applicable.

11
Radio Spectrum Management policy for Uganda

b) The total of Spectrum fees (consisting of the spectrum access fees and
spectrum usage fees) shall aim to:
i. Facilitate the proper management of the spectrum resource, and
ii. Promote the efficient use of the radio frequency spectrum.

c) The spectrum fees will be reviewed by UCC periodically to adopt any

emerging developments in the market environment, the value of the
spectrum and the demand for the spectrum.

4.5 Management of orbital slots

UCC shall protect Ugandas rights with respect to satellite orbital
resources to safe guard the national interests.

4.6 Regional and International engagement

UCC shall ensure that Ugandas interests are promoted and
safeguarded in regional and international spectrum management
activities.

4.7 Compliance
a) UCC shall implement an inspection regime to ensure that any
equipment deployed conforms to the respective standards and that the
equipment is installed and operated as per the authorization and
assignment conditions.

b) UCC shall acquire and deploy equipment or infrastructure required to

effectively monitor and inspect the use of radio spectrum in Uganda.
Any interference reported or observed shall be investigated and
addressed.

c) Action that is commensurate to the offence shall be taken against any

unauthorized usage of the radio spectrum or non-compliant
operations, including, but not limited to, fines, withdrawal of
spectrum and other penalties.

5. IMPLEMENTATION
UCC shall develop a Spectrum Master Plan that shall highlight the
Spectrum Management priorities and set the respective goals over the next
five years. UCC shall develop secondary frameworks and guidelines on any
aspect of spectrum management to complement this Policy in ensuring the
achievement of the policy objectives above.

12
Radio Spectrum Management policy for Uganda

UCC shall monitor and review the policy to ensure its continued relevance.

13