National Communications Authority (Amendment) Bill
Watch: AI-Powered Analysis
Watch an AI-generated discussion breaking down this bill in plain language, exploring its key provisions and potential impacts on Ghana's digital innovation sector.
Executive Summary
The National Communications Authority (Amendment) Bill restructures Ghana's telecommunications regulator with comprehensive governance reforms. The bill establishes a reconstituted Board of Directors that includes the Director-General, government representatives, and experts in communications, law, and related fields, while explicitly barring individuals with communications industry involvement to prevent conflicts of interest (2). Board members serve four-year terms with one reappointment option and face strict accountability standards requiring them to act with loyalty and honesty similar to company directors (4, 5).
The bill implements robust transparency and oversight mechanisms throughout the Authority's operations. Board members must disclose personal interests in matters before the board and declare all registrable interests to the Minister, with removal as the penalty for non-compliance (7, 8). The Authority must maintain a public register of board members' financial interests and establish mandatory Technical, Audit, and Risk Committees (9, 25). An Internal Audit Unit will conduct regular financial oversight, reporting findings to the Board, Director-General, and chairperson (17). Decision-making procedures require the Board to publish decisions, allow stakeholder input, and provide written explanations for choices (25).
The bill balances regulatory independence with government oversight in ways that create both opportunities and tensions. While the Authority gains explicit powers to contract for services, invest funds, and share information about its work (1), the Minister retains authority to issue policy directives to the Board, though these cannot dictate technical or day-to-day operations (11). The Minister must also approve borrowing and asset securitization (22), and determines board member allowances in consultation with the Finance Minister (10). This structure provides government input while attempting to preserve operational autonomy, though the extent of ministerial influence on strategic decisions remains a potential concern for regulatory independence.
For Ghana's communications sector, the bill provides operational continuity by transferring all assets, rights, and responsibilities from the previous Authority to the new entity, with existing licenses and regulations remaining valid until reviewed (29, 30). The Authority's funding sources include fees, parliamentary allocations, and approved investments (18), with conditional tax exemptions subject to parliamentary approval (21). The requirement to develop a code of conduct within one year and update it regularly addresses evolving industry standards (26). However, the administrative burden of multiple mandatory committees, quarterly board meetings, extensive reporting requirements, and disclosure obligations may affect the Authority's operational efficiency, particularly given Ghana's resource constraints in the public sector.
Impact Analysis
Digital Innovation
The bill introduces significant regulatory barriers to digital innovation through its pre-licensing approval requirements and expansive definitions of regulated services. Most critically, 27 mandates that "all new telecom-related services involving the processing of personal data, including AI-powered customer service applications, shall be subject to prelicensing approval...
Freedom of Speech
Privacy & Data Rights
Business Environment
The bill creates a challenging business environment for telecommunications and technology companies operating in Ghana through two interconnected mechanisms: extensive regulatory requirements and legal uncertainty. 27 imposes substantial compliance obligations that will increase operational costs and complexity for businesses. Most notably, the requirement for...
Critical Issues with This Bill
These concerns pose significant risks to Ghana's digital innovation ecosystem
Prelicensing Barrier for Digital Services
Section 33(c) requires all new telecom-related services involving personal data processingâincluding AI-powered customer service applicationsâto obtain prelicensing approval through joint evaluation by the NCA and Data Protection Commission before market entry. This creates a substantial barrier to digital innovation by requiring regulatory approval before launching services, rather than the notification/registration approach used in most OECD democracies. Combined with the extremely broad definition of "Application" in 28 (covering "any software-based mechanism, digital platform, or computer program"), this requirement could capture many routine digital services. The lack of specified approval timelines, clear criteria, or appeal mechanisms creates regulatory uncertainty that will deter startups, delay product launches, and reduce Ghana's competitiveness in the digital economy.
Dual-Agency Approval Creates Market Entry Barriers
Subsection (c) requires joint prelicensing approval from both the National Communications Authority and the Data Protection Commission for "all new telecom-related services involving the processing of personal data." This dual-agency requirement creates procedural complexity and regulatory uncertainty without specified timelines, coordination mechanisms, or appeal rights. Businesses must navigate two separate regulatory bodies simultaneously before market entry, creating substantial delays and compliance costs that disproportionately disadvantage startups and smaller operators compared to established players with regulatory expertise.
Overly Broad Software Definitions
The provision defines "Application" so broadly that it captures virtually any software that uses telecommunications infrastructure or "complements or augments" core servicesâpotentially extending licensing requirements to general software development, AI services, and digital platforms. The definition of "Application services" is incomplete (ends with "means" without completion), creating legal uncertainty about regulatory scope. Combined with 27's prelicensing requirement for "telecom-related services involving personal data," these definitions could require software developers to obtain joint NCA-DPC approval before launching productsâa barrier to innovation that doesn't exist in most democracies and would significantly slow digital product development cycles.
Incomplete Licensing Definition Creates Uncertainty
The provision defines "Application services" as "means" but provides no actual definition, creating fundamental uncertainty about which business activities require regulatory licensing. When combined with 27's prelicensing requirements for "telecom-related services involving personal data," businesses cannot determine their compliance obligations. This incomplete definition forces companies to either seek costly legal interpretations or risk operating without required licenses, deterring investment in Ghana's digital economy.
Key Provisions
Powers of the Authority
Plain Language Summary
This section details what the Authority is allowed to do. It can make contracts for necessary supplies and services. It can also invest its money according to financial laws. Additionally, the Authority can share information about its work and support training for people working with communication systems.
Show Original Legal Text
- The Authority may exercise the following powers:
(a) enter into a contract for the supply of goods and services;
(b) invest the funds of the Authority in accordance with the Public Financial Management Act;
(c) publish information that is relevant to its functions and activities in a manner that it considers appropriate;
(d) promote, and where necessary and within available resources, support the training of
- The Authority shall, in the performance of its functions, have regard to:
(a) the principles of transparency, accountability, proportionality, and consistency;
(b) best regulatory practice;
(c) the protection of the interests of consumers or users of communications networks or communications services and, in particular, to the interests of consumer choice, quality of service, and value for money;
(d) the impact on the environment of the activities undertaken by telecommunications service providers and telecommunications network providers;
(e) the promotion of innovation and competition, and the establishment of incentives to encourage local participation in the provision of communications services;
(f) the various demands, interests, and uses of the electromagnetic spectrum;
(g) the needs and interests of persons with disability, the elderly, low-income earners, and the vulnerable;
(h) the opinions of consumers and members of the general public;
(i) the interest of both rural and urban dwellers; and
(j) any applicable international standards and best practices, including International Telecommunication Union guidelines and such other regional or bilateral protocols ratified or adopted by the country.
Governance of the Authority
Note: This text is extracted from the PDF and may contain formatting errors or inaccuracies. For full accuracy, please refer to the official PDF document.
Governing body of the Authority
Plain Language Summary
This section describes the structure of the Authority's Board of Directors. The Board includes a chairperson, the Director-General, representatives from government and other bodies, and experts in fields like communications and law. To prevent conflicts of interest, individuals involved in the communications industry are ineligible for appointment.
Show Original Legal Text
6.(1) The governing body of the Authority is a Board of Directors consisting of
- (a) the chairperson
- (b) the Director-General appointed under section 18;
- (c) one representative of the
- (i) the National Security Council,
- (ii) the National Media Commission,
- (iii) Ministry responsible for Communications, not below the rank of a director.
- (d) one person with experience and expertise in communications; and
- (e) three other persons each of whom has knowledge or expertise in telecommunication engineering, law, business or public administration.
- At least two (2) members of the governing body of the Authority shall be women.
- A person is not qualified for appointment if that person
- (a) is directly or indirectly involved in the management of; or
(b) has a financial or commercial interest in a communications network operator, a communications service provider, a communications equipment manufacturer or supplier either of whom operates within the country or outside the country or any other entity with an interest in the communications industry of this country.
(4) The Board of the Authority shall ensure the proper and effective performance of the functions of the Authority
(5) The President shall, in accordance with article 70 of the Constitution, appoint the chairperson and other members of the Board of the Authority.
Note: This text is extracted from the PDF and may contain formatting errors or inaccuracies. For full accuracy, please refer to the official PDF document.
Functions of the Board of the Authority
Plain Language Summary
The Board of the Authority is responsible for guiding the Authority's strategic direction. It must also ensure the Authority achieves its goals and operates effectively. This includes making sure the Authority performs its duties in an efficient manner.
Show Original Legal Text
The Board of the Authority shall
- (a) exercise general oversight responsibility for the strategic direction of the Authority;
- (b) ensure the achievement of the object of the Authority; and
- (c) ensure the effective and efficient performance of the functions of the Authority.
Note: This text is extracted from the PDF and may contain formatting errors or inaccuracies. For full accuracy, please refer to the official PDF document.
Duties and liabilities of a member of the Board of the Authority
Plain Language Summary
This section defines the responsibilities of Authority Board members, requiring them to act with loyalty and honesty, similar to company directors. Board members must avoid conflicts of interest, maintain confidentiality, and exercise due care in their duties. They are protected from personal liability when acting in good faith, and the Authority will cover their legal costs in such cases, but they may be required to compensate the Authority for losses caused by their actions.
Show Original Legal Text
(b) to exercise the degree of care and diligence in the performance of functions that a person in that position would reasonably be expected to exercise in the circumstances;
(c) not to disclose information acquired in the capacity of the member as a member of the Board of the Authority to any person or make use of that information, except in the performance of functions;
(d) not to abuse the position of the office; and
(e) not to pursue personal interests at the expense of the Authority.
A member of the Board of the Authority, other than the Director General, shall not participate in the day-to-day running of the Authority.
A member of the Board is not personally liable for damage or injury to a third party that arises in the execution of an official duty of that member, if the member at all material times acted in good faith.
The Authority shall indemnify and hold harmless such a member against any legal costs, including attorney's fees, expenses, and liabilities reasonably incurred in connection with any legal proceedings instituted against the member in respect of acts done or purported to have been done in the performance of official duties, provided that the member acted in good faith and in the interest of the Authority.
Where a court determines that the Authority has suffered a loss or damage as a result of the act or omission of a member of the Board of the Authority, the court may, in addition to imposing a fine, order the member to pay appropriate compensation to the Authority.
Note: This text is extracted from the PDF and may contain formatting errors or inaccuracies. For full accuracy, please refer to the official PDF document.
Tenure of office of members of the Board of the Authority
Plain Language Summary
Members of the Authority's Board serve four-year terms and can be reappointed once, except for the Director General. Members can resign, be removed for excessive absence, or have their appointment revoked by the President. Vacancies are filled by presidential appointment for the remainder of the term.
Show Original Legal Text
(1) A member of the Board of the Authority shall hold office for a period of four years and is eligible for reappointment for another term only.
- Subsection (1) does not apply to the Director General.
(3) A member of the Board of the Authority may, at any time, resign from office in writing, addressed to the President through the Minister.
(4) A member of the Board of the Authority, other than the Director General, who is absent from three consecutive meetings of the Board of the Authority without sufficient cause ceases to be a member of the Board of the Authority.
- The President may, by letter addressed to a member, revoke the appointment of that member.
- Where a member of the Board of the Authority is, for a sufficient reason unable to act as a member, the Minister shall determine whether the inability of the member to act would result in the declaration of a vacancy.
- Where there is a vacancy
- (a) under subsection (3), (4), (5), 11 (2) or 12(3) ; or
- (b) as a result of a declaration under subsection (6), or
- (c) by reason of the death of a member,
the Minister shall notify the President of the vacancy and the President shall appoint another person to fill the vacancy for the unexpired term.
- (d) Where the person is appointed to fill a vacancy, that person shall subject to the provisions of this Act be eligible for re-appointment.
Note: This text is extracted from the PDF and may contain formatting errors or inaccuracies. For full accuracy, please refer to the official PDF document.
Meetings of the Board of the Authority
Plain Language Summary
The Board of the Authority must meet at least every three months. Special meetings can be called by a third of the members. Decisions are made by a majority vote, with the chairperson having a tie-breaking vote. The Board can also invite people to attend meetings who do not have voting rights and can set its own meeting procedures.
Show Original Legal Text
- (1) The Board of the Authority shall meet at least once every three months for the conduct of business at a time and place determined by the chairperson.
(2) The chairperson shall, at the request in writing of not less than one-third of the membership of the Board of the Authority, convene an extraordinary meeting of the Board of the Authority at a time and place determined by the chairperson.
(3) The quorum for a meeting of the Board of the Authority is four members of the Board or a greater number determined by the Board in respect of an important matter.
(4) The chairperson shall preside at meetings of the Board of the Authority and in the absence of the chairperson, a member of the Board of the Authority elected by the members present from among their number shall preside.
(5) Matters before the Board of the Authority shall be decided by a majority of the members present and voting and in the event of an equality of votes, the person presiding shall have a casting vote.
(6) The Board of the Authority may co-opt a person to attend a meeting of the Board of the Authority but that person shall not vote on a matter for decision at the meeting.
(7) The proceedings of the Board of the Authority shall not be invalidated by reason of a vacancy among the members or a defect in the appointment or qualification of a member
- Subject to this section, the Board of the Authority may determine the procedure for the meeting of the Board of the Authority.
Note: This text is extracted from the PDF and may contain formatting errors or inaccuracies. For full accuracy, please refer to the official PDF document.
Disclosure of interest
Plain Language Summary
This provision requires board members to disclose any personal interests they have in matters before the board. If a member fails to disclose an interest or participates in discussions where they have a conflict, they may be removed from the board. The board can also reclaim any benefits the member gained due to the conflict of interest. This ensures transparency and prevents board members from using their position for personal gain.
Show Original Legal Text
- (1) A member of the Board of the Authority who has an interest in a matter for consideration shall disclose in writing the nature of that interest and the disclosure shall
(a) form part of the record of the consideration of the matter; and
(b) is disqualified from being present at or participating in the deliberations of the Board of the Authority in respect of that matter.
(2) A member ceases to be a member of the Board of the Authority if that member has an interest in a matter before the Board of the Authority and
- (a) fails to disclose that interest; or
- (b) is present at or participates in the deliberations of the Board of the Authority in respect of that matter.
(3) Without limiting any further cause of action that may be instituted against the member, the Board of the Authority shall recover any benefit derived by a member who contravenes subsection (1), in addition to the revocation of the appointment of the member.
Note: This text is extracted from the PDF and may contain formatting errors or inaccuracies. For full accuracy, please refer to the official PDF document.
Declaration of registrable interests
Plain Language Summary
Board members must declare any registrable interests they have to the Minister before starting their term. They must also inform the Authority of any changes to these interests. Failure to declare or making a false declaration will result in removal from the Board.
Show Original Legal Text
- (1) Each member of the Board shall, prior to taking office, submit to the Minister a written declaration of that member's registrable interest whether directly or indirectly owned by the member.
(2) A member of the Board shall inform the Authority of any change in respect of that member's registrable interest from the date of the change.
(3) A member who
(a) without reasonable excuse fails to declare a registrable interest, or
- (b) knowingly makes a false declaration, contravenes subsections (1) and (2),
ceases to be a member of the Board and the appointment of the member to the Board shall be revoked by the President
Note: This text is extracted from the PDF and may contain formatting errors or inaccuracies. For full accuracy, please refer to the official PDF document.
Establishment of committees
Plain Language Summary
This section allows the Authority's Board to create committees, which can include both members of the board and outside individuals, to help with its work. Specifically, the Board must create a Technical Committee, an Audit Committee, and a Risk Committee. The Board will decide who sits on these committees and what their responsibilities are. Members of these committees are subject to the same rules as board members.
Show Original Legal Text
- (1) The Board of the Authority may establish committees consisting of members of the Board of the Authority, non-members, or both, to perform a function of the Board of the Authority.
(2) A committee composed of members and non-members of the Board of the Authority shall be chaired by a member of the Board of the Authority.
(3) Without limiting subsection (1), the Board of the Authority shall establish the following committees:
(a) Technical Committee;
(b) Audit Committee; and
(c) Risk Committee.
(4) Subject to the Act, the Board of the Authority shall determine the composition and functions of the committees established under subsection (3).
(5) Section 12 applies to a member of a committee of the Board.
Note: This text is extracted from the PDF and may contain formatting errors or inaccuracies. For full accuracy, please refer to the official PDF document.
Allowances
Plain Language Summary
This provision states that members of the Authority's Board and committees will receive allowances and benefits. The Minister, after consulting with the Minister of Finance, will decide on the specific allowances and benefits. This ensures that board members are compensated for their time and contributions.
Show Original Legal Text
- A member of the Board of the Authority and members of a committee of the Board of the Authority shall be paid allowances and other benefits approved by the Minister in consultation with the Minister responsible for Finance.
Note: This text is extracted from the PDF and may contain formatting errors or inaccuracies. For full accuracy, please refer to the official PDF document.
Policy directives
Plain Language Summary
This provision allows the Minister to provide written policy guidance to the Authority's Board, ensuring alignment with the Authority's goals. The Board must follow these directives as long as it doesn't hinder their ability to perform their duties. The Minister cannot use this power to dictate technical or day-to-day operational decisions.
Show Original Legal Text
(1) The Minister may give written directives to the Board of the Authority on matters of policy in line with the object and functions of the Authority and the Board of the Authority shall comply in a manner consistent with the effective performance of the functions of the Authority.Except as otherwise provided in this Act, the Authority shall not be subject to the direction or control of any person or authority in the exercise of its mandate and regulatory functions.
Administrative Provisions
Note: This text is extracted from the PDF and may contain formatting errors or inaccuracies. For full accuracy, please refer to the official PDF document.
Appointment of Director General and Deputy Director General
Plain Language Summary
This provision describes how the Director-General and two Deputy Directors-General of the Authority are appointed. The President will appoint these positions, and their specific job details will be outlined in their appointment letters. The Deputy Directors-General will report to the Director-General.
Show Original Legal Text
(1) The President shall, in accordance with article 195 of the Constitution, appoint a Director-General and two Deputy Directors-General for the Authority.
- The Director General and Deputy Directors-General shall hold office on the terms and conditions specified in the letters of appointment. - The Deputy Directors-General shall be responsible to the Director General in the performance of their functions.
Note: This text is extracted from the PDF and may contain formatting errors or inaccuracies. For full accuracy, please refer to the official PDF document.
Functions of the Director-General
Plain Language Summary
The Director-General manages the Authority's daily operations and ensures the Board's decisions are implemented. They can delegate tasks to other officers, but remain responsible for the completion of those tasks. This structure ensures accountability and efficient management within the Authority.
Show Original Legal Text
(1) The Director General
(a) is responsible for the day-to-day administration of the affairs of the Authority; and (b) shall ensure the implementation of the decisions of the Board of the Authority.
The Director-General may delegate a function to an officer of the Authority but shall not be relieved of the ultimate responsibility for the performance of the delegated function.
Note: This text is extracted from the PDF and may contain formatting errors or inaccuracies. For full accuracy, please refer to the official PDF document.
Secretary
Plain Language Summary
The President will appoint a Secretary to the Board of the Authority, based on the Board's recommendation. The Secretary must be at least a Deputy Director within the Authority. The Secretary is responsible for supporting the Board's operations, including managing meetings, recording minutes, and distributing information.
Show Original Legal Text
(1) The President shall, on the recommendation of the Board of the Authority, and in accordance with article 195 of the Constitution appoint an officer, not below the rank of a Deputy Director of the Authority, as Secretary of the Board of the Authority.
The Secretary shall hold office on the terms and conditions specified in the letter of appointment.
(3)The Secretary shall
- (a) facilitate the efficient operation of the Authority's formal decision making and reporting processes;
- (b) attend meetings of the Board;
- (c) record and keep the certified minutes of all meetings of the Board;
- (d) collect, organise and distribute to members of the Board relevant information and documents for the purpose of meetings of the Board;
- (e) advise the Board on matters related to memoranda and presentations for meetings of the Board; and
- (f) perform any other function determined by the Board or by the DirectorGeneral.
Note: This text is extracted from the PDF and may contain formatting errors or inaccuracies. For full accuracy, please refer to the official PDF document.
Appointment of other staff
Plain Language Summary
This provision describes how the Authority will be staffed. The President appoints staff, and public officials can be transferred to the Authority. The Authority can also hire advisors and consultants. The Authority is in charge of training and integrating new staff members.
Show Original Legal Text
(1) The President shall, in accordance with article 195 of the Constitution, appoint other staff of the Authority that are necessary for the effective and efficient performance of the functions of the Authority.
- Other public officers may be transferred or seconded to the Authority or may otherwise give assistance to the Authority. - The Authority may, for the effective and efficient performance of the functions of the Authority, engage the services of advisors and consultants on the recommendations of the Board of the Authority. - The Authority shall exercise control over the assignment, training and appropriate induction of a person employed as an officer or staff of the Authority in accordance with the Scheme of Service of the Authority.
Note: This text is extracted from the PDF and may contain formatting errors or inaccuracies. For full accuracy, please refer to the official PDF document.
Offices, divisions, directorates, departments or units of the Authority
Plain Language Summary
This provision allows the Authority to create internal offices, divisions, departments, or units as needed. The goal is to ensure the Authority can effectively manage its operations and fulfill its duties. The Authority's Board will decide on the structure and organization of these internal units.
Show Original Legal Text
- The Authority may establish offices, divisions, directorates, departments or units of the Authority as determined by the Board of the Authority for the effective and efficient performance of the functions of the Authority.
Note: This text is extracted from the PDF and may contain formatting errors or inaccuracies. For full accuracy, please refer to the official PDF document.
Internal Audit Unit
Plain Language Summary
This section mandates the creation of an Internal Audit Unit within the Authority to ensure financial oversight. The unit, led by an appointed Internal Auditor, will conduct regular audits. The auditor will then report their findings and recommendations to the Authority's Board, Director General, and chairperson. This process aims to promote transparency and accountability in the Authority's operations.
Show Original Legal Text
The Internal Auditor shall, subject to subsections (3) and (4) of section 16 of the Internal Audit Agency Act, 2003 (Act 658), at intervals of three months
(a) prepare and submit to the Board of the Authority a report on the internal audit carried out during the period of three months immediately preceding the preparation of the report; and
(b) make recommendations in each report with respect to matters necessary for the conduct of the affairs of the Authority.
(5) The Internal Auditor shall, in accordance with subsection (4) of section 16 of the Internal Audit Agency Act, 2003 (Act 658), submit a copy of each report prepared under this section to the Director General and the chairperson of the Board of the Authority.
Financial Provisions
Note: This text is extracted from the PDF and may contain formatting errors or inaccuracies. For full accuracy, please refer to the official PDF document.
Funds of the Authority
Plain Language Summary
This section outlines how the Authority is funded. The Authority receives money from fees and charges related to its activities, government funding allocated by Parliament, and donations or grants it may receive. It can also generate income from investments and any other sources approved by the Minister responsible for Finance. These funds are used to support the Authority's operations.
Show Original Legal Text
The funds of the Authority include
- (a) fees, charges or any other moneys payable under this Act, or any other enactment, - (b) any moneys provided by Parliament, - (c) donations, grants and gifts, - (d) moneys derived from the investment of the Authority's funds, and - (e) any other moneys that are approved by the Minister responsible for Finance.
Note: This text is extracted from the PDF and may contain formatting errors or inaccuracies. For full accuracy, please refer to the official PDF document.
Bank account of the Authority
Plain Language Summary
This provision mandates that the Authority must have a bank account to manage its funds. The account must be opened with the Controller and Accountant-General's approval. This ensures proper financial oversight of the Authority's monetary resources.
Show Original Legal Text
- Moneys for the Authority shall be paid into a bank account opened for the purpose with the approval of the Controller and Accountant-General.
Note: This text is extracted from the PDF and may contain formatting errors or inaccuracies. For full accuracy, please refer to the official PDF document.
Expenses of the Authority
Plain Language Summary
This provision simply states that the Authority is responsible for paying its own expenses. The Authority will use its own funds to cover any costs it incurs. This ensures the Authority is financially independent and accountable for its spending.
Show Original Legal Text
- The expenses of the Authority shall be charged on the funds of the Authority.
Note: This text is extracted from the PDF and may contain formatting errors or inaccuracies. For full accuracy, please refer to the official PDF document.
Exemption from tax
Plain Language Summary
This provision exempts the Authority from paying certain taxes. The Minister of Finance, with Parliament's approval, will decide which taxes are exempt. This exemption is conditional on the Constitution and the Exemptions Act, 2022.
Show Original Legal Text
- Subject to article 174 of the Constitution and the Exemptions Act, 2022 (Act 1083), the Authority is exempt from the payment of taxes that the Minister responsible for Finance may, in writing, determine with the prior approval of Parliament.
Note: This text is extracted from the PDF and may contain formatting errors or inaccuracies. For full accuracy, please refer to the official PDF document.
Borrowing powers
Plain Language Summary
This section allows the Authority to borrow money from organizations or individuals with the Minister's written approval, as long as it complies with existing financial regulations. The Authority can also use its assets as security for these loans, but this also requires the Minister's written consent. This provision enables the Authority to access funds for its operations or projects, while ensuring ministerial oversight and adherence to financial laws.
Show Original Legal Text
- (1) Subject to article 181 of the Constitution and section 76 of the Public Financial Management Act, 2016 (Act 921), and with the prior consent in writing of the Minister, the Authority may borrow money from a body corporate or any other person.
(2) For the purposes of securing the money borrowed, the Authority may, with the prior consent in writing of the Minister, mortgage, charge or pledge a right, title or an interest in any of the properties of the Authority.
Note: This text is extracted from the PDF and may contain formatting errors or inaccuracies. For full accuracy, please refer to the official PDF document.
Accounts and audit
Plain Language Summary
The Authority is required to keep financial records approved by the Auditor-General. At the end of each financial year, the Authority must submit these accounts to the Auditor-General for auditing. The Auditor-General then has six months to audit the accounts and provide a report to both the Minister and the Authority's Board.
Show Original Legal Text
- (1) The Authority shall keep books, records, returns of account and other documents relevant to the accounts in the form approved by the Auditor-General.
(2) The Board of the Authority shall submit the accounts of the Authority to the AuditorGeneral for audit at the end of the financial year.
(3) The Auditor-General shall, within six months after the end of the immediately preceding financial year, audit the accounts of the Authority and forward a copy of the report to the Minister and the Board of the Authority.
(4) The financial year of the Authority shall be the same as the financial year of the Government.
Note: This text is extracted from the PDF and may contain formatting errors or inaccuracies. For full accuracy, please refer to the official PDF document.
Annual report and other reports
Plain Language Summary
This provision mandates that the Authority's Board must create an annual report detailing its activities, audit findings, and stakeholder feedback, which is then submitted to the Minister. The Minister then presents this report to Parliament. The Board must also provide any other reports requested by the Minister. This ensures transparency and accountability of the Authority's operations to both the government and the public.
Show Original Legal Text
- (1) The Board of the Authority shall, within thirty days after the receipt of the audit report, submit an annual report to the Minister, covering the activities and operations of the Authority for the year to which the report relates.
(2) The annual report shall include
- (a) the report of the Auditor-General;
(b) an assessment of the targets of the Authority; and
(c) a summary of challenges and feedback from stakeholders and recommendations to improve the efficiency and effectiveness of the Authority.
(3) The Minister shall, within thirty days after the receipt of the annual report, submit the report to Parliament with a statement that the Minister considers necessary.
(4) The Board of the Authority shall submit to the Minister any other report that the Minister may require in writing.
Miscellaneous provisions
Note: This text is extracted from the PDF and may contain formatting errors or inaccuracies. For full accuracy, please refer to the official PDF document.
Procedure for decision-making by the Authority
Plain Language Summary
This section describes how the Authority Board should make decisions, ensuring fairness and transparency. The Board must publish decisions, allow input from those affected, and provide written explanations for their choices. A public register of Board members' financial interests will also be maintained for transparency.
Show Original Legal Text
- (1) In the exercise of its function under this Act and the Electronic Communications Act, 2025 (Act âŠ) the Board shall
(a)observe reasonable standards of procedural fairness;
(b)act timeously; and
(c )observe the rules of natural justice when making decisions that affect a person.
(2)Without limiting subsection (1), the Board shall
(a)publish a matter for decision in the Gazette as considered necessary or as required by the Electronic Communications Act, 2025 (Act âŠ) prior to making a decision;
(b)grant a person who is or is likely to be affected by a decision of the Board, an opportunity;
(i) to make a submission to the Board,
(ii)to be heard by the Board, or
(iii) to consult with the Board in good faith, and
(c) have regard to evidence adduced and matters contained in a submission made or received in the course of any consultation.
(d)Where the Board makes a decision, it shall
(i)state in writing the reasons for the decision; and
(ii)provide in accordance with its procedure; notification of the decision to the relevant persons.
(3) The Board may, on application or on its own motion, review, rescind or vary a decision made by it or hear a matter again before rendering a decision.
Register of interests
31(1) The Director-General shall cause to be kept and maintained a Register in which shall be recorded details of
- (a) any share or debenture owned by a member of the Board;
- (b) other financial interests a member of the Board has in a corporate body;
- (c) any public or charitable appointment or directorship held by a member; and
- (d) any other matter required to be registered.
(2) The Register shall be publicly accessible, in both physical and electronic form.
(3)The Register shall be open to the public for physical inspection during normal working hours and subject to the payment of a fee determined by the Authority.
(4) A person may
(a) make a copy of the content of the Register, or
(b) take an extract from the Register, at the fee that the Authority may determine.
Note: This text is extracted from the PDF and may contain formatting errors or inaccuracies. For full accuracy, please refer to the official PDF document.
Code of conduct
Plain Language Summary
This provision requires the Board to develop a code of conduct for its members, staff, and anyone working with the Authority within one year. The code will outline expected behavior and ethical standards. The Authority must update the code regularly to keep up with changes in the communications industry.
Show Original Legal Text
- (1) The Board shall establish within one year of the commencement of this Act, a code of conduct for members of the Board, staff and persons whose services the Authority engages.
(2) The Authority shall revise the code of conduct from time to time having regard to the changing regulatory objectives in the communications industry.
Note: This text is extracted from the PDF and may contain formatting errors or inaccuracies. For full accuracy, please refer to the official PDF document.
Application
Related Key Concerns
Plain Language Summary
This law applies to the entire Republic. The government and all parts of the government must follow this law. This ensures the law is enforceable across all levels of the Republic's structure.
Show Original Legal Text
33.This Act binds the Republic.
- (c) prescribe that all new telecom-related services involving the processing of personal data, including AI-powered customer service applications, shall be subject to prelicensing approval following a joint evaluation by the National Communications Authority and the Data Protection Commission;
- (d) prescribe conditions for interconnection of communication systems;
- (e) provide procedures for the implementation of a system of universal service provision including the quality of service standards;
- (f) provide procedures for the use of
- (i) network facilities,
- (ii) network services,
- (iii) application services,
- (iv) content application services,
- (g) provide procedures for an integrated framework for robust, multi-hazard emergency communications on the declaration of an emergency in accordance with law; and
- (h) provide for local content and local equity participation in the provision of communication services;
- (i) provide for any other matter necessary for the effective implementation of the provisions of this Act.
Note: This text is extracted from the PDF and may contain formatting errors or inaccuracies. For full accuracy, please refer to the official PDF document.
Interpretation
Related Key Concerns
Plain Language Summary
This section provides definitions for important terms used in the Act, such as "Authority," "Application," "communication services," and "user." These definitions clarify the meaning of these terms within the context of the law. Understanding these definitions is essential for interpreting the Act correctly.
Show Original Legal Text
- In this Act, unless the context 'otherwise requires
"Authority" means the National Communications Authority established under section 1;
'Application' means any software-based mechanism, digital platform, or computer program that is designed to:
(a) process and transmit information or execute functions, including but not limited to processing, storing, displaying, or transmitting data or communications that are delivered to end users
- (b) enable interactive or content-based functionality or provide interactive services, facilitate user engagement or offer content enhancements such as multimedia, informational or entertainment features in conjunction with telecommunications network
- (c) operate via digital or telecommunication infrastructure or be deployed on, or function over, networks that include traditional telecommunications or internetbased systems, thereby complementing or augmenting core voice, messaging , or data transmission services
'Application services' means
"Board" means the governing body of the Authority established under section 6;
'Communication ecosystem' means the interconnected network of individuals, organizations, technologies, and information flows that shape how messages are produced, disseminated, and received within a specific context.
"communications network" means a communications network used to provide a communications service;
"communications operator" means a person authorised or licensed under this Act to operate a communications network;
'Communication services' means the transmission, conveyance, or routing of voice, data, text, sound, images, video, signals, signs, intelligence or any other information by wire, radio, optical, electromagnetic systems, or other means. This includes but not limited to services such as telephone services, mobile cellular services, internet access, broadcasting, satellite services, and any related ancillary services
"communications supplier" means a person authorised or licensed under this Act to provide communications service;
'Licence' means
"Minister" means the Minister responsible for Communications;
"Universal Access Policy" means the eligibility of
(a) a person licensed under the Electronic Communications Act, 2025 communications network; and (Act âŠ) to operate
(b) a person licensed under the Electronic Communications Act, 2025 (Act âŠ) to provide a communications service;
and
"user" means a customer or subscriber of a communications network or a communications or broadcasting service and includes a customer that is an operator of a communications network and a customer that is a provider of a communications service.
Note: This text is extracted from the PDF and may contain formatting errors or inaccuracies. For full accuracy, please refer to the official PDF document.
Transitional provisions
Plain Language Summary
This section transfers all assets, rights, and responsibilities from the previous National Communications Authority to the newly established Authority. Employees of the old Authority will now work for the new Authority. Any existing contracts that the old Authority had will remain valid under the new Authority.
Show Original Legal Text
- (1) The rights, assets and liabilities accrued in respect of the properties vested in the Authority established under the National Communications Authority Act 2008 (Act 769) immediately before the commencement of this Act and the persons employed by the Authority shall be transferred to the Authority established under this Act and accordingly proceedings taken by or against the former Authority may be continued by or against the Authority.
(2) A contract subsisting between the former Authority established under the National Communications Authority, 2008 (Act 679) and another person and in effect immediately before the commencement of this Act shall subsist between the Authority under this Act and that other person.
Note: This text is extracted from the PDF and may contain formatting errors or inaccuracies. For full accuracy, please refer to the official PDF document.
Repeal and savings
Plain Language Summary
This section repeals the previous National Communications Authority Act but ensures that all existing licenses and regulations remain in effect until they are reviewed under the new law. It also includes a detailed schedule outlining what information the National Communications Authority must include in its annual report, covering areas like policy review, performance, financial accountability, and human resources. This ensures transparency and accountability in the Authority's operations.
Show Original Legal Text
- (1) The National Communications Authority Act, 2008 (Act 769) is hereby repealed.
(2) Despite the repeal of Act 769 any licence, frequency, authorisation, Regulation, notice, order, direction, appointment or any other act lawfully made or done under the repealed enactment and in force immediately before the commencement of this Act shall be considered to have been made or done under this Act and shall continue to have effect until reviewed, cancelled or terminated.
SCHEDULE
FORM AND CONTENT OF ANNUAL REPORT
(Section 29)
| Ref. | Part of Report | Description |
|---|---|---|
| 1 2 3 4 5 6 6.1 6.2 6.3 6.4 6.5 6.6 7 | Review by the Board Report on Policy | Table of contents Index Glossary Contact officer(s) Internet home page address and Internet address for report Review by the board Overview description of Authority Role and functions Summary of significant issues and de- velopment Organisational structure Overview of the Authority's performance and financial results Significant issues and development Outlook for the following year Review of adherence and implementation of policy objec- |
| Objectives | tives and measurements of achievement in period. | |
|---|---|---|
| 8 | Report on Performance | Review of performance during the year in relation to out- puts and contribution to outcomes |
| 8.1 | Actual performance in relation to performance targets set in the preceding year | |
| 8.2 | Where performance targets differ from those set in the pre- ceding year details of both former and new targets, and reason for the change | |
| 8.3 | Narrative discussion and analysis of performance | |
| 8.4 | Trend information | |
| 8.5 | Factors, events or trends influencing the Authority's per- formance | |
| 8.6 | Significant changes in nature of principal functions/services | |
| 8.7 | Performance against service charter customer service stan- dards, complaints data, and the Authority's response to complainsts | |
| 8.8 | Social justice and equity impacts | |
| 8.9 | Discussion and ananlysis of the Authority's financial per- formance | |
| 8.10 | Discussion of any significant changes from the prior year or from budget |
| Ref. | Part of Report | Description |
|---|---|---|
| 8.11 | Summary of resource tables by outcomes | |
| 8.12 | Developments since the end of the financial year that have affected or may significantly affect the Authority's operations or financial results in future | |
| 9 | Interconnection | Number of interconnection agreements submitted to the Authority's and the names of parties to the |
| Agreements | ||
| Licences and | Agreements Applications for licences received and number of Ii censes granted and names of beneficiaries, license revoked or suspended. | |
| 10 | Authorisations | |
| 11 | Numbers issued | |
| 12 | Frequencies issued | |
| 13 | Fees collected | |
| 14 | Management Accountability | |
| 15 | Corporate Governance | Statement of the main corporate governance practice in place |
| 15.1 | Names of the senior executives and their responsibilities | |
| 15.2 | Senior management committees and their roles | |
| 15.3 | Board Committees established or in existence and their roles | |
| 15.4 | Corporate and operational planning and associated performance reporting and review |
| 15.5 | Approach adapted to identifying areas of significant financial or operational risk and arrangements in place to manage risks | |
|---|---|---|
| 15.6 | Certification of fraud measures in place | |
| 15.7 | Policy and practices and the establishment and maintenance of appropriate ethical standards | |
| 15.8 | How nature and amount of remuneration far senior executive service employees is determined | |
| 16 16.1 | External Scrutiny | Code of conduct far directors any change Significant developments in external scrutiny Judicial decisions and decisions of the Telecornmunications Tribunal |
| 16.2 | Reports by the Auditor-General, Parliamentary Committee or other competent government body | |
| Ref. | Part of Report | Description |
| 17 | Management of Human Resources | Assessment of effectiveness in managing and developing human resources to achieve, staff turnover and retention |
| 17.1 | Workforce planning, staff turnover and retention | |
| 17.2 | Training and development undertaken and their im- pact | |
| 17.3 17.4 | Occupational health and safety performance Productivity gains | |
| 17.5 17.6 | Statistics on staffing Performance pay | |
| 18 | Purchasing | Assessment of purchasing against core policies and principles |
| 19 | Assets management | Assessment of effectiveness of assets management |
| 20 | Consultants and Competitive Tendering and Contracting | Number and nature of consultancy services and con- tracts and total expenditure on consultancy services. |
| 20.1 20.2 | Competitive tendering and contracting contracts awarded and outcomes For all contracts indication of how the provisions | |
| 21 | Providing access to people with disabilities | Report on performance in implementing the Disability Strategy or ensuring compliance with the Disability Act. |
| 22 23 | Financial Statements Other Information | Audited Financial Statements |
| 23.1 23.3 | Occupational health and safety Freedom of Information Advertising and Market Research | |
| 23.2 | ||
| 23.4 | Ecologically sustainable development and environmental performance | |
| 24 | Research sponsored and effect Human Resource Capacity holding initiatives | |
| and outcomes | ||
| 24.1 | Other | Discretionary Grants Correction of material errors in previous annual report |
*Date of Gazette
Note: This text is extracted from the PDF and may contain formatting errors or inaccuracies. For full accuracy, please refer to the official PDF document.
Take Action
Your Voice Matters
Public submissions are being accepted until 14 November 2025
Submit responses electronically to info@nca.org.gh. Respondents are encouraged to specify the sections of the Bill they support or oppose and to provide suggestions for improvement. All responses will be treated as non-confidential.