New Rules on Deployment of Communication Towers in Tanzania

The Rules introduce requirements for constructing, operating, sharing, maintaining and disposing of communication towers. They apply to network service and network facilities licensees operating in Mainland Tanzania and Zanzibar.

The Rules cover guyed towers, self-supporting towers, rooftop installations, monopole towers and “smart solutions” such as streetlamps, signposts, wall-mounted antennas and small cells.

Approvals before construction

Anyone intending to construct a communication tower must first obtain all required licences, approvals and permits from the relevant authorities. Construction must also comply with the conditions of the network facilities licence issued by TCRA.

Tower sharing must be considered first

Before proposing a new tower, a licensee must investigate and demonstrate whether it can share an existing tower located within a radius of 300 metres. Alternative structures, such as building rooftops, should also be considered with the owner’s permission.

New towers must be designed to allow other licensees to share them. A new tower should not be constructed at the same location unless the existing tower cannot meet the applicant’s requirements. Where co-location is not possible, the tower owner must explain the reasons to the applicant.

Additional equipment should not be installed where this would exceed the tower’s structural capacity, cause interference that cannot reasonably be prevented, require uneconomical reinforcement, or fail to provide the required coverage. The relevant technical grounds must be verified by an appropriate professional engineer where specified by the Rules.

Construction and site standards

Tower design, materials and construction must comply with applicable national and international standards. Professional engineers and certified experts must be involved.

Among other requirements, licensees must:

• Consult TCRA and other relevant authorities before locating new sites near national strategic areas.

• Avoid large towers or base stations close to schools, hospitals, public amenities and national heritage sites.

• Avoid constructing towers near high-voltage electricity transmission lines.

• Provide aviation warning lights, lightning protection and adequate site lighting.

• Comply with the prescribed radio-frequency and electromagnetic-field exposure limits.

• Fence and secure tower sites using measures such as alarms, CCTV or security guards.

• Notify the permitting authorities when construction is completed, where applicable.

The Schedule to the Rules provides separate technical specifications for monopoles, guyed towers, rooftop installations, self-supporting towers and smart solutions.

Safety and access controls

Tower sites must have warning signs, fire extinguishers, first-aid kits and appropriate personal protective equipment. Equipment must be clearly labelled.

Access must be restricted to authorised persons. Visitors must sign a visitor’s logbook, and records of their identification and authority to enter or work at the site must be maintained.

Reporting and inspections

Licensees must submit rollout plans and other relevant deployment documents to TCRA. They must also provide:

• Quarterly reports on tower performance.

• Updated tower information.

• Quarterly inventories showing their network facilities and companies co-locating on their towers.

TCRA may inspect and audit installed towers at any reasonable time and evaluate submitted performance reports.

Each tower’s structural integrity must be inspected by certified professional engineers at least once every three years. The inspection report must be submitted to TCRA within 60 days after the inspection.

Maintenance and modification

Towers and their supporting equipment must be kept in good condition through routine maintenance. Maintenance must cover matters such as aviation lights, lightning protection, power systems, structural strength, security, painting, cleanliness and environmental impact. Licensed personnel must carry out tower construction and maintenance work.

Before modifying a tower, the licensee must consult the relevant authorities, obtain the required engineering verification and allow the permitting authorities to inspect the tower.

Non-compliant and abandoned towers

TCRA may order the disposal of a tower constructed or installed contrary to the Rules or any other relevant law. The tower owner must bear the disposal cost.

A tower that remains both unused and unmaintained for three consecutive years may be declared abandoned. After receiving a disposal notice, the owner has 90 days to dispose of it. If the owner fails to do so, TCRA may undertake the disposal and recover the costs and any applicable penalties from the owner.

Electronic waste, batteries and hazardous materials must be disposed of in accordance with the Environmental Management Act.

Penalty position: A licensee that breaches the Rules is liable to the penalty provided under the TCRA Act. The Rules do not specify the amount of that penalty.

Disclaimer

The views expressed in this paper are those of the author only and should not be considered as an official interpretation, defamatory, or interference of any legislation, laws, or policies of any country including Tanzania. The contents of this paper should not under any circumstances be reproduced or used without the express written consent of the Author. It should not be considered as legal advice to any of its recipient(s) and should not be relied upon without obtaining further legal advice. We accept no liability for any loss occasioned or suffered due to the contents of this paper. The information contained herein is general and is not intended to address the circumstances of any particular deal. Although effort has been made to research and share the correct information, we do not provide any guarantee to such information. This Article does not represent any decision or attempts to present the position or decisions of any Government Authority, including the Government of Tanzania and its bodies.