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Ministerial Order No. CAB/MIN/PTNTIC/TKKM/PKM/sap/022/012 of 21 December 2012 setting out the conditions and modalities for the establishment and operation of the fibre optic telecommunications network.
Minister of Post, Telecommunications and New Information and Technology
Communication,
Having regard to the Constitution of the Democratic Republic of the Congo, as revised by Act No. 11/002 of 20 January 2011;
In light of Act No. 013/2002 of 16 October 2002 on telecommunications in the Democratic Republic of the Congo;
Having regard to Act No. 014/2002 of 16 October 2002 establishing the Post and Telecommunications Authority in the Democratic Republic of the Congo;
Having regard to Order No. 12/004 of 28 April 2012 appointing Deputy Prime Ministers, Ministers, a Minister Delegate and Deputy Ministers;
Having regard to Ordinance No. 12/007 of 11 June 2012 on the organization and operation of the Government, practical modalities for collaboration between the President of the Republic and the Government and between members of the Government;
Having regard to Order No. 12/008 of 11 June 2012 establishing the powers of the Ministries;
Considering necessity and urgency;
ARRETE:
Chapter I: General provisions
Article 1:
This Order sets out the conditions for the establishment and operation of high-speed telecommunications networks.
Article 2: Definitions
Under this Order, it is necessary to hear by:
1°. Reference Network (BBN) or basic network : the set of telecommunications networks established or used by the public operator for the needs of the public.
Two. International Network : transport networks including submarine, spatial or terrestrial networks sites allowing access to high-speed international capabilities.
Three. National Network : all subscribers’ terminals, telephone lines, central stations, land-based and satellite transmissions used in the Democratic Republic of the Congo for the production of local, toll and international telecommunications services.
Four. Transport network or dorsal network : the network to convey information at the national and international level.
Five. Collection Network (Metropolitan) : the network linking local loops centralizing telecommunication flows and ensuring interconnection with national and transnational networks.
Six. Service Network : the network that makes it possible to link subscribers to the interconnection points of the collection network.
7°. Access : Any provision of hardware or software or services to enable the recipient to provide electronic communications services.
Eight. Interconnection point(PDI) : the point on which all pairs of interconnected networks meet.
9°. Public networks : any telecommunications network established or used for the provision of telecommunications services to the public.
10°. Very high flow rate : the ability to transmit the order of Gbits/s in international and national networks; of the order of several dozens, or even a hundred Mbit/s/s downwards and going back into the service network.
11°. High-speed telecommunication network : the set of infrastructure, equipment, and services that can deliver very broadband.
The terms other than those defined in this section are defined by the International Telecommunication Union, ETSI, or the Framework Law referred to above.
12°. Axe : Path of communication by optical fibre as defined in the Master Plan of BacKbone National.
Article 3:
The reference network or the National Backbone (BBN) is part of the state’s public domain. It includes the transportation network, the collection network and the service network.
Article 4:
The establishment and operation of the transport, collection and service networks are subject to the issuance of a licence with a specification of the requirements issued by the Minister of PTNTIC, following the advice of the ATRC. This license is conditioned to pre-payment of related taxes.
The licence term is 20 years.
The cost of the license is fixed according to the specificities of each axis.
Article 5:
The terms and conditions for the establishment and operation of high-speed networks include:
- Equipment standards and specifications as well as facilities;
- Network infrastructure;
- Network interconnection;
- Use of public/private domains for the installation of equipment;
- Commercial operating conditions;
- Pricing and billing principles;
- Geographic coverage according to the axes defined in the national master plan.
Article 6:
The CPRRA defines the principles for the interconnection and pricing of high-speed telecommunications services.
The definition of wholesale markets and/or details on a telecommunications network will be subject to a directive defined by it.
Article 7:
On the proposal of the APRPC, the Minister of PTNTIC may authorize one or more operators other than the Public Operator to establish a part of the reference network within the framework of the BBN architecture defined by the Minister of PTNTIC and Private Public Partnerships (PPP).
Article 8:
ARPTC is working in consultation with operators, a procedure for site and infrastructure sharing.
It encourages access to alternative infrastructure based on trade negotiations to promote competition development.
Article 9:
Payments are subject to fees, fees, taxes and royalties provided for in the current legislation, the establishment and operation of high-speed telecommunications networks and services on the various networks cited in article 3 of this Order.
Chapter II: Final provisions
Article 10:
The Secretary-General of the Posts, Telecommunications and New Information and Communication Technologies and the ATRC are responsible, each with respect to the execution of this Order which comes into force on the date of its signature.
Done in Kinshasa, 21 December 2012
Prof. Tryphon Kin-Kiey Mulumba
