76

Establishment
of electronic
monitoring
system

Licensee's
obligation to
connect with
electronic
monitoring
system
Monitoring in
accordance
with the Act
Contravention
of licensee's
obligations

Lodge of
complaints
and disputes

Communications

No. 34

(4) Notwithstanding the fine imposed under subsection (3), the
licensee shall repay, with interest, the subsidy received from the
Fund for the purpose of the implementation of the universal service.
PART XIX__ELECTRONIC MONITORINg ANd ENFORCEMENT

167. The Authority shall use the appropriate technology to
establish, install, and maintain an electronic monitoring system to
monitor the activities of licensees to ensure and enforce compliance
with this Act and licences issued by the Authority:

Provided that a system shall not be used for monitoring actual
content of communication, network traffic or for any other purpose
other than for its monitoring mandate under this Act.

168. where the establishment of the electronic monitoring
system requires connection between the system and a licensee's
network, the licensee shall co-operate with the Authority to ensure
that it provides appropriate interface sites between the Authority's
electronic monitoring system and the licensee's network to ensure
direct submission of data to the monitoring system.
169. The Authority shall carry out electronic monitoring in
accordance with this Act and regulations made under this Act.

170.__(1) A licensee that fails to discharge its obligation under
this Part commits an offence and shall, upon conviction, be liable to
a fine of k20,000,000.

(2) Notwithstanding the fine imposable under subsection (1), the
Authority shall reserve the right to impose any regulatory sanction
under this Act.
PART XX__COMPLAINTS ANd dISPUTES

171.__(1) A licensee shall refer to the Authority any complaint or
dispute relating to electronic communications and postal services.

(2) The Authority shall investigate any complaint or dispute
referred to it where it appears to the Authority that__
(a) the complainant has an interest in the matter to which the
complaint relates; and
(b) the complaint is not frivolous or vexatious.
(3) In particular, the Authority may hear and determine__

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