this doesnt fall under its mandate. its upto the isps to regulate/determine what traffic they will allow/disallow. If you feel that this amounts to a violation of your right to free speech and access to information, you can send a compliant to UCC
(http://ucc.co.ug/complaint.html)

*Ques*.: What issues can consumers complain about?
*Ans.:* These include the following amongst others: wrong bills, arbitrary disconnection of lines, nonchalant attitude towards genuine complaints, poor services delivery, untruthful and deceptive advertisements, supply of sub-standard equipment, bare-face exploitation and invasion of privacy, violation or non delivery of mail, delayed restoration of service, unreliable service, etc.

You can be part of the etc.

*Ques*.: Is UCC a Government agency?
*Ans*.: Yes! UCC is a Government agency with independent status to effectively regulate the activities of operators, suppliers, and consumers in the communications industry. Being a goverment agency, it is in their interests to toe the Goverment line. I am not sure how independent they can be according to the consistution or Under section 96 of the Uganda Communictions Act of 1997.

However if you read the licensing regulations from UCC, you will note that they have the powers to, under Article 15, Section 2, subsection a(1), to

(a) the Commission may begin an investigation into a complaint under a number of circumstances-
(i) following a complaint by any person;
(ii) where indicated by matters arising from an investigation of any person as part of the Commission's performance of its duties; or

(iii) where the Commission obtains information by other means and that information suggests that a contravention of the licence term or condition may have occurred or is occurring;

And if found that indeed, the compliant is deserving of action, under subsection (g), the UCC is supposed to provide an opportunity for public comment and consultaion, after which it should provide the relavant guidance. However, subsection (i) clearly states that (i) the Commission's decision and directions shall be non-discriminatory and shall treat similarly situated persons in the same manner and on an equivalent basis; (j) at any time during an enforcement proceeding, the Commission may issue an interim order directing the operator to cease and desist from a specified conduct, if the Commission is satisfied that- (i) there is prima facie evidence that the operator contravened the provision of the Act and the regulations or the condition of the licence; (ii) continuation of the operator’s conduct is likely to cause serious harm to other operators, consumers or the general public; (iii) the potential harm in allowing the operator continue its conduct outweighs the burden on the operator;
(iv) issuance of the order is in the public interest;

In the case of radiokatwe.com, the UCC has not applied its very regulation and left the general public out of the loop of consultation. And while, UCC may claim that what is done is in the interest of the public, it is UCC's role as a regulatory body to involve the public in the debate of what information should be available.

In the PracticeandProcedures regulations, if the Goverment or any other party is dissatisfied with the content of any of the ISPs or telecom providers, he/she is to provide the formal complaint and the said telco is tor respond within 15 days. During this period, the service of the telco is not to be interrupted in any way. We havent seen this compliant, and given that the site was online for a little over 20 days now, its inconceivable that the appropriate summons have been
issued to the telcos in question.




Ernest, B.M (AfriNIC - ZA) wrote:

> Hari Kurup wrote the following on 02/15/2006 09:55 AM:
>
>> UCC told ISPs to block the Website due to "serious concerns".
>
>
> Which brings me to one question:
>
> Is this the duty of the UCC anyway?
>
> rgds
> ernest
>
>
>
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