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2005 No. 21.
Application of Regulations
Objectives of Regulations
Parties before the Commission
Third party interests and application to intervene
Service of documents and proof of service
Informal requests and complaints
Time limits for filing pleadings
Status conference
Appointment of a conciliator
Discovery and production of documents
Confidentiality of information
Initial briefs
Pre-hearing conferences
Summary decision
Order of hearing procedure
Proposed findings and conclusions
Certification of transcript
Final decision
Composition of the commission in proceedings
Powers of the commission
Commission investigations
29. Modification of licence
30. Notice of violations
31. Suspension or revocation of operator licence
32. Witness summons
33. Expert witnesses
2005 No. 21.
The Communications (Practice and Procedure) Regulations, 2005.
(Under section 94 of the Uganda Communications Act, Cap 106)
In exercise of the powers conferred upon the Uganda Communications Commission by Section 94 of the Uganda Communications Act, these Regulations are made this 7th day of January, 2005.
1. Title
These Regulations may be cited as the Communications (Practice and Procedure) Regulations, 2005.
2. Application of Regulations
These Regulations apply to proceedings or acts of the Commission in relation
(a) applications for licences and applications for modification or renewal of licences;
(b) suspension or revocation of licences;
(c) orders issued by the Commission;
(d) dispute resolution and decision making practices and procedures;
(e) investigations by the Commission;
f)enforcement of the provisions of the Act;
(a) the general practice and procedures of the Commission in implementing the Act.
3. Objectives of Regulations
T h e objectives of these Regulations are—
(a) to establish rules and principles of fairness, natural justice and equity in
proceedings and matters concerning and relating to decision making, and dispute resolution by the Commission, arising under the Act;
(b) to consolidate and harmonise the decisions and determinations of the
Commission in performing its functions under the Act, as a communications regulatory authority;
(c) to establish a harmonised framework for the Commission proceedings and
consistent decision making processes, procedures and practices based on the rule of law, natural justice, equity and fair hearing; and
(d) to provide for alternative means of dispute resolution by the Commission in the communication sector consistent with commercial justice, equity, fairness and expediency.
4. Interpretation
In these Regulations, unless the context otherwise requires—
"Act" means the Uganda Communications Act, Cap 106;
"Commission" means the Uganda Communications Commission established under the Act;
"communications" means telecommunications, radio communications and postal communications;
"communications services" means services performed consisting of the dissemination or interchange of sound, video or data content, using postal, radio, or telecommunications media, but excludes broadcasting;
"consumer" means any person who uses available telecommunications service for purposes which are outside his or her trade, business or profession;
"data" means the use of binary signals to transmit information from one computer or apparatus to another;
"eligible person" means a person with sound financial standing who is not subject to any criminal proceedings and who is capable of carrying out the functions of an operator;
"information service" means the offering of a capability for generating, acquiring, storing, transforming, processing, retrieving, utilising, or making available information through telecommunications, including electronic publishing other than the use of the capability for the management, control, or operation of a telecommunications system or the management of a telecommunications service;
"licence" means a licence issued under the Act;
"major licence" with reference to postal services, includes provisions for the collection, conveyance and delivery by land, water or air of national and international postal articles throughout Uganda, the up-keeping of postal facilities and the issue of postage stamps;
"major licence" with reference to radio communications and telecommunications, includes a licence for the provision of local, long distance or international telephone services, trunk capacity resale, rural telecommunications, store and forwarding messaging and cellular or mobile services;
"minor licence" with reference to postal services, includes any licence which is not a major licence;
"proceedings" means any matter or circumstance in relation to the communications sector, arising under the Act, that requires determination or a decision of the Commission, including the proceedings or acts of the Commission specified in regulation 2;
"public operator" means an operator who is licensed by the Commission to offer services for payment and without discrimination to the public, including other operators;
"service provider" means a person who offers services to end users, by using the basic service and infrastructure provided by a network operator on a re-sale basis, or by providing services through his or her own infrastructure where it forms part of a network operation;
"subscriber" means any person provided with a telecommunications service by an operator, and who is responsible for payment of all charges and rentals of the service;
"telecommunications" means the emission, transmission or reception through the agency of electricity or electromagnetism of any sound, signal, sign, writing, image or intelligence of any nature by wire, radio, optical or other electromagnetic systems whether or not the sound, signal, sign, writing, image or intelligence is subjected to rearrangement, computation or other process by any means in the course of its emission, transmission or reception;
"telecommunications network" means a transmission system; and where applicable, switching equipment and other resource which permits the conveyance of signals between defined termination points by wire, radio, optical or other electromagnetic means;
"telecommunications service" means a service consisting of the conveyance or reception of any sound, sign, signal, writing, image or intellegence by wire, optical or other electronically guided media system whether or not the sound, sign, signal, writing, image or intelligence is subjected to rearrangement, computation or other process by any means in the course of its transmission, emission or reception;
"user" means an individual, including a consumer or operator using or requesting publicly available communications services.
5. Parties before the Commission
(1) A party may appear before the Commission and be heard in person or throu gh an advocate.
(2) Except where expressly provided, a duly authorised officer or employee of a corporation, may act for the corporation in any matter.
(3) A person in a representative capacity, transacting business with the Commission, may be required by the Commission to provide evidence of the authority to act in that capacity.
(4) An individual summoned to appear in person in a Commission proceedings may be accompanied, represented, or advised by an advocate.
(5) An advocate may advise his or her client in confidence, either upon the advocate's own initiative or that of the client, before, during or after the conclusion of a proceeding.
(6) An advocate for a party shall be permitted to make objections on record, and to state briefly the basis for the objections, in connection with any examination of his or her client.
(7) At the conclusion of the examination of his or her client, an advocate may ask clarifying questions where the questioning is necessary or desirable to avoid ambiguity or incompleteness in the responses previously given in testimony.
(8) An advocate for a party shall not examine or cross-examine any witness, or offer documentary evidence, except where the advocate is authorised by the Commission to do so.
(9) In any proceeding before the Commission it shall be lawful to include as a party, in addition to the operator, any person interested in the matter under consi deration.
(10) Where another party is included as a party to proceedings before the Commission, all inquiries, investigations, orders, and decrees may be made with reference to and against that other party in the same manner, to the same extent, and subject to the same provisions as may be authorised by the law with respect to operators.
(11) In a suit for the enforcement of an order for the payment of money, a party in whose favour the Commission makes an award for damages by a single order, may be joined as a complainant, and any other party to the order awarding the damages may be joined as a defendant, and the suit may be maintained by the joint complainants and against the joint defendants.
(12) In case of a joint suit, the recovery, if any, may be by judgment in favour of any of the complainants, against the defendant found to be liable to that complainant.
(13) Two or more complainants may join in one complaint where their complaints are against the same defendant and concern substantially the same facts and alleged violation of the Act.
(14) Two or more grounds of complaint involving the same principle, subject, or statement of facts may be included in one complaint, but shall be separately stated and numbered.
6. Third party interests and application to intervene
(1) A person who qualifies as a party with interest in any Commission proceeding and who is not named as a party in the proceeding, may apply to become a party, by filing an application for intervention showing the basis of his or her interest.
(2) Where a person's interest in any proceeding is established, an application to intervene shall be granted.
(3) An application to intervene shall specify the interest of the applicant in the proceedings, how the applicant's participation will assist the Commission in the determination of the issues in question and any proposed issues in addition to those already designated for hearing, and shall be accompanied by the affidavit of a person with knowledge of the facts specified in the application.
(4) The Commission may grant or deny an application or permit intervention by a person, limited to a particular stage of the proceeding.
(5) A person who wishes to appear and give evidence on any matter and who informs the Commission of his or her intention, shall be notified by the Commission when the matter is designated for hearing.
(6) A person shall not be excluded from giving any relevant material and competent testimony at a hearing where he or she lacks a sufficient interest to justify his or her intervention as a party in the matter.
(7) The Commission may, upon an application by a party to a proceeding before it, or on its own motion, for the proper dispatch of business and to meet the ends of justice, consolidate for hearing a case, which involves the same applicant or involves substantially the same issues.
7. Service of documents and proof of service
(1) A document may be served upon a party, his or her advocate or other duly constituted agent by delivering or mailing a copy of the document.
(2) Delivery of a document under this regulation means—
(a) handing a copy of the document to a party, his or her advocate, or other
duly constituted agent;
(b) leaving a copy of the document with a clerk or any other person in charge
of the office of the person to be served;
(c) where there is no one in charge of the office of the person to be served,
leaving a copy of the document in a conspicuous place in the office; or
(d) where the office of a person to be served is closed or where a person to be
served has no office, leaving the document at his or her dwelling house or usual place of abode with a person of suitable age and description, residing in the house.
(3) A person who delivers a document shall file proof of service with the Commission, before action is taken, showing the time and manner of service.
(4) Proof of service may be by written acknowledgement of service or by certificate of the person effecting the service or by other proof which is satisfactory to the Commission.
(5) Adjournment of any proceeding or hearing or extensions of time for filing or performing any act required or allowed to be done within a specified time, may be granted by the Commission upon a motion showing good cause.
8. Informal requests and complaints
(1) Except where formal procedures are required under these Regulations, a request for action may be submitted informally as a complaint in written form, specifying the facts relied upon, the relief sought, the statutory or regulatory provisions, if any, under which the request is filed, the relief sought, and the interest of the person submitting the request.
(2) An informal complaint shall be in writing and shall contain—
(a) the name, address and telephone number of the complainant;
(b) the name of the operator against which the complaint is made;
(c) a complete statement of the facts showing that the operator did or omitted
to do something, in contravention of the Act; and
(d) the specific relief or remedy sought.
(3) The Commission shall forward any informal complaint received to the concerned operator for investigation, and the operator shall, within fifteen days from the date of receipt of the complaint, advise the Commission of his or her response to the complaint in writing and send a copy of the response to the complainant.
(4) Where there are clear indications from the advice of the operator against whom a complaint is made or from other communication with the parties, that a complainant is satisfied, the Commission may in its discretion close the proceedings and communicate it to the complainant.
(5) In all other cases, the Commission shall inform the complainant of its decision on the matters raised and where the complainant is not satisfied with an operator's response and the Commission's decision, it may file a formal complaint with the Commission.
(6) Where an informal complaint is not satisfied, a complainant may file a formal complaint with the Commission.
(7) A complaint filed under subregulation (6) shall be considered to have been filed on the same date as the informal complaint, where the informal complaint—
(a) is filed within six months from the date of the operator's report;
(b) makes reference to the date of the informal complaint; and
(c) is based on the same cause of action as the informal complaint.
(8) Where no formal complaint is filed within the six month period, a complainant shall be deemed to have abandoned the unsatisfied informal complaint.
9. Pleadings
(1) Formal complaint proceedings shall be in a written record form consisting of the complaint, the answer, and a joint statement of admitted facts, disputed facts and key legal issues, and shall include all associated affidavits, exhibits and other attachments.
(2) Formal complaint proceedings may also require or permit other written submissions such as briefs, written interrogatories and other supplementary documents or pleadings.
(3) Pleadings shall be clear, concise, and explicit, and all matters concerning the claim, defence or requested remedy including damages, shall be pleaded fully and specifically.
(4) Pleadings shall contain facts which if true, are sufficient to constitute a contravention of the Act, regulations or orders of the Commission made under the Act, or a defence to the alleged contravention.
(5) The facts of a pleading shall be supported by relevant documentation or affidavits and legal arguments shall be supported by appropriate judicial or statutory authority or authority of the Commission.
(6) Each party shall be responsible for the accuracy and completeness of all information and supporting authority furnished in a complaint proceeding, and the information and the legal authorities submitted shall be current and updated and made in a timely manner at any time before a decision on a complaint is made.
10. Complaints
(1) A formal complaint shall contain—
(a) the name of the complainant and defendant;
(b) the occupation, address and telephone number of the complainant and to
the extent known, of the defendant;
(c) the name, address, and telephone number of the complainant's advocate,
if represented;
(d) reference to the provisions of the Act or regulations alleged to have been
(e) a complete statement of facts which if proven true, constitute a violation
of the provisions of the Act or regulations, supported by relevant documentation, including copies of relevant written agreements, offers, counter offers, denials, or other related correspondence;
(f) a detailed explanation of the manner and time period in which an operator
allegedly violated provisions of the Act, order or rule of the Commission, including a full identification or description of the communications, transmissions, services, or other operator conduct complained of and the nature of any injury allegedly sustained by the complainant;
(g) proposed findings of fact, conclusions of law, and legal analysis relevant
to the claims and arguments specified in the complaint;
(h) the relief sought, including recovery of damages and the amount of
damages claimed, if known;
(i) certification that the complainant has, in good faith, discussed or
attempted to discuss, the possibility of settlement with each defendant prior to filing the formal complaint, including a statement that prior to filing the complaint, the complainant mailed a certified letter outlining the allegations that form the basis of the complaint to the defendant operator and invited a response within a reasonable period of time and a brief summary of all additional steps taken to resolve the dispute prior to filing the formal complaint;
(j)an indication whether a separate action is filed with the Commission, any court, or other government agency, based on the same claim or same set of facts, in whole or in part;
(k)an indication whether a complaint seeks prospective relief identical to the relief proposed or at issue in a proceeding that is concurrently before the Commission;
(1) a description of all documents, data compilations and tangible things in a
complainant's possession, custody, or control that are relevant to the facts alleged with particularity in the complaint, including for each document—
(i) the date it was prepared, mailed, transmitted, or disseminated;
(ii) the author of the document;
(iii) the recipient or intended recipient of the document;
(iv) the physical location of the document; and
(v) a description of the relevance of the document to the matters
contained in the complaint;
(m)copies of all affidavits, documents, data compilations and tangible things in the complainant's possession, custody, or control, upon which the complainant relies or intends to rely to support the facts alleged and legal arguments made in the complaint;
(n)a completed formal complaint intake form;
(o) verification of the filing payment required; and
(p)a certificate of service.
(2) Where recovery of damages is sought, the complaint shall contain a clear and unequivocal request for damages and appropriate allegations in support of the claim.
(3) Where recovery of damages is sought, a complainant shall include in the complaint—
(a) a computation of each category of damages for which recovery is sought,
including an identification of all relevant documents and materials or other evidence to be used by the complainant to determine the amount of the damages; or
(b) an explanation of—
(i) the information which is not in the possession of the complainant
and which is necessary to develop a detailed computation of damages;
(ii) why the information is not available to the complainant;
(iii) the factual basis the complainant has for believing that the
evidence of damages exists; and
(iv) a detailed outline of the methodology to be used to create a
computation of damages with the evidence.
(4) Issues concerning the amount of damages, if any, may be submitted the Commission, at its own initiative or where the parties request, to a mediator for mediation.
(5) A mediator shall be, identified by agreement of the parties and where there is no agreement, designated by the Commission.
(6) The Commission may, in its discretion, order a defendant to post a bond for, or deposit into an interest bearing escrow account, a sum equal to the amount of damages or a lesser sum, which in the opinion of the Commission upon preliminary investigation, is likely to be ordered after the issue of damages is fully litigated.
(7) The Commission shall order the grant of a relief, upon consideration of the following factors—
(a) the complainant's potential irreparable injury in the absence of the
(b) the extent to which damages can be accurately calculated;
(c) the balance of the hardships between a complainant and a defendant; and
(d) whether public interest considerations favour the posting of the bond or
ordering of the deposit.
(8) The Commission may in its discretion, end adjudication of damages with a determination of the sufficiency of a damages computation method or formula.
(9) The parties shall negotiate in good faith an agreement on the exact amount of damages using the Commission's mandated method or formula, and within thirty days of the release date of the damages order, the parties shall submit jointly to the Commission—
(a) a statement detailing the parties' agreement on the amount of damages;
(b) a statement that the parties are continuing to negotiate in good faith and a
request that the parties be given an extension of time to continue
negotiations; or
(c) a statement detailing the bases for the continuing dispute and the reasons
why no agreement can be reached.
11. Answers
(1) An operator upon whom a copy of a formal complaint is served, shall answer the complaint within fifteen days of service of the formal complaint by the complainant, except where the time is extended by the Commission.
(2) An answer shall advise a complainant and the Commission of the nature of any defence, and shall respond specifically to all the material allegations of a complaint.
(3) A defendant shall not make a general denial and where the defendant does not have sufficient knowledge or information to form a belief as to the truth of an averment, the defendant shall so state and it shall have the effect of a denial.
(4) An answer shall contain proposed findings of fact, conclusions of law, and legal analysis relevant to the claims and arguments specified in the answer.
(5) An answer shall include a description of all documents, data compilations and tangible things in the defendant's possession, custody, or control that are relevant to the facts alleged with particularity in the answer, including for each document—
(a) the date it was prepared, mailed, transmitted, or otherwise disseminated;
(b) the author of the document;
(c) the recipient or intended recipient of the document;
(d) the physical location of the document; and
(e) a description of the relevance of the document to the matters in dispute.
(6) An answer shall be accompanied by copies of all documents, data compilations and tangible things in the defendant's possession, custody or control upon which the defendant relies or intends to rely to support the facts alleged and the legal arguments made in the answer.
(7) An answer shall contain certification that a defendant has in good faith discussed or attempted to discuss the possibility of a compromise with the complainant prior to filing the formal complaint, including a brief summary of all steps taken to resolve the dispute prior to filing the formal complaint.
12. Reply
(1) A complainant may file and serve a reply containing statements of relevant material facts that are responsive to only the specific factual allegations made by a defendant in support of its affirmative defences.
(2) Failure to reply to an affirmative defence shall be deemed as an admission of the affirmative defence and of any facts supporting the affirmative defence that are not specifically contradicted in a complaint.
(3) A reply shall contain proposed findings of fact, conclusions of law, and legal analysis relevant to the claims and arguments specified in the reply.
(4) A reply shall include a description of all documents, data compilations and tangible things in a complainant's possession, custody, or control, that are relevant to the facts alleged with particularity in the reply and shall include for each document—
(a) the date the document was prepared, mailed, transmitted, or disseminated;
(b) the author of the document;
(c) the recipient or intended recipient of the document;
(d) the physical location of the document; and
(e) a description of the relevance of the document to the matters in dispute.
(5) A reply shall attach copies of all documents, data compilations and tangible things in a complainant's possession, custody, or control, upon which the complainant relies or intends to rely to support the facts alleged and the legal arguments made in the reply.
(6) A complainant that replies to an affirmative defence in its pre-status conference filing shall serve on a defendant at the time of filing the reply, those documents in the complainant's possession, custody or control, that were not previously produced to the defendant and that are likely to bear significantly on the issues raised in the reply.
13. Time limits for filing pleadings
(1) Except as otherwise provided, pleadings in Commission proceedings shall be filed in accordance with these Regulations.
(2) An answer to a pleading shall be filed within fifteen days after an original pleading is filed.
(3) A person who files an original pleading may reply to an answer to the original pleading within seven days after the time for filing the answer expires.
(4) A reply to an answer to original pleading shall be limited to matters raised in the answer and the response to all matters shall be specified in a single pleading and in no case shall separate replies to individual oppositions be filed.
(5) An additional pleading may be filed only where it is specifically requested or authorised by the Commission.
(6) An objection to a request for stay of any order or to a request for other temporary relief shall be filed within seven days, after the request is filed.
(7) The Commission may rule ex parte, upon request for adjournment, extension of time or request for temporary relief, where an answer is not filed.
(8) In this regulation "pleading" means any written notice, complaint, objection, request, opposition, reply, brief, proposed finding, submission of law, or document filed with the Commission in a hearing or proceeding.
14. Status conference
(1) In any proceeding, the Commission may, in its discretion direct the advocates or the parties to appear before it for a status conference.
(2) A status conference shall take place, ten days after the date a reply is filed, except where the Commission orders otherwise.
(3) A status conference shall include discussion of—
(a) whether the matter should be referred to a conciliator or mediator;
(b) simplification or narrowing of the issues;
(c) the necessity for or desirability of additional pleadings or evidentiary
(d) obtaining admissions of fact or agreement between the parties to any or
all of the matters in controversy;
(e) settlement of all or some of the matters in controversy by agreement of
the parties;
(f) whether discovery is necessary and if so, the scope, type and schedule for
the discovery;
(g) a schedule for the remainder of the proceedings and the dates for any
further status conferences; and
(h) other matters that may aid in the disposition of the complaint.
(4) The parties shall hold meetings and discuss amongst themselves or their advocates prior to a status conference—
(a) settlement prospects;
(b) discovery if any, and the scope, type and schedule for the discovery;
(c) issues in dispute;
(d) schedules for pleadings; and
(e) joint statements of agreed facts, disputed facts, and key legal issues.
(5) The parties shall submit a joint statement of the meetings, including the proposals agreed to and the remaining disputes, to the Commission at least two days before a status conference.
(6) In addition to the status conference, any party may request for a conference at any time, after a complaint is filed.
(7) During a status conference, the Commission may issue oral rulings on interlocutory matters relevant to the conduct of the proceedings including, procedural matters, discovery, and the submission of briefs or other evidentiary materials.
(8) The parties in attendance, unless otherwise directed, shall submit a joint proposed order made during a status conference, to the Commission on the day following the date of the status conference, or as directed by the Commission.
(9) Where the parties do not reach an agreement, the joint proposed order shall include the matters on which the parties agree, and each party's alternative proposals on the matter on which they do not agree.
(10) A status conference shall be scheduled by the Commission at such a time and place as the Commission may designate.
(11) The failure of any advocate or party, following reasonable notice, to appear at a scheduled conference shall be deemed to be a waiver of the right to be heard by that party and shall not preclude the Commission from conferring with the parties or advocates who are present at the scheduled conference.
(12) Each party shall submit to the Commission two days before a status conference, a statement of its disputed facts, the legal issues presented by the complaint and any additional discovery that the party seeks.
15. Appointment of a conciliator
(1) The Commission may with the consent of the parties, and upon failure of the parties to consent, appoint a person to be a conciliator or mediator in any proceedings before it.
(2) In considering whether to refer a matter to a conciliator, the Commission shall have regard to the following issues—
(a) whether the matter is trivial;
(b) whether the person whose interests have been allegedly, are likely to be
or are affected, desires to have the matter referred to a conciliator; or
(c) where the matter arises from a complaint to the Commission, whether in
the Commission's opinion—
(i) the complaint is frivolous or vexatious or is not made in good faith;
(ii) the interests of a complainant have not or are not likely to be
affected by the conduct in question;
(iii) there is some other remedy that is reasonably available to the
complainant; or
(iv) the complainant has made reasonable efforts to negotiate a
resolution of the matter.
(3) A conciliator to whom a matter is referred, shall inquire into the disputed conduct to which the matter relates and effect a settlement of the matter.
(4) Where a councilor cannot effect a settlement as soon as practicable, he or she shall give to the Commission a written report setting out—
(a) his or her recommendations for resolving the matter; and
(b) the reasons for those recommendations.
(5) A conciliator may decide not to inquire into a disputed conduct or to discontinue an inquiry, where he or she believes that—
(a) the matter is trivial;
(b) a person whose interest has been allegedly, is likely to be or is affected,
does not wish the inquiry to be made or continued; or
(c) where the inquiry arises from a complaint to the Commission and the
conciliator believes that—
(i) the complaint is frivolous or vexatious or is not made in good faith;
(ii) the interest of the complainant has not been or is not likely to be
affected or is not affected by the conduct;
(iii) there is some other remedy that is reasonably available to the
complaint; or
(iv) a complainant has made reasonable efforts to negotiate a resolution
of the matter.
(6) Where a conciliator decides not to inquire into or not to continue to inquire into the conduct in respect of which a complaint is made, the conciliator shall—
(a) give the complainant written notice of the decision and the reasons for the
decision; and
(b) give the Commission a written report on the matter, including information
in paragraph (a).
(7) For the purposes of conducting an inquiry into, or trying to effect a settlement of a matter under this regulation, a conciliator may direct any person to attend a conference presided over by the conciliator, at such a time and place as may be specified in the notice for the conference.
(8) A direction under subregulation (7) may be given to—
(a) a complainant, where the matter arose as a result of a complaint;
(b) a person whose disputed conduct led to the inquiry; or
(c) any other person whose presence at the conference, the conciliator thinks is reasonably likely to be conducive to settling the matter.
(9) Where the Commission receives a conciliator's report and it is satisfied that the conciliation decisions are sufficient to prevent the disputed conduct to which the matter relates, the Commission may issue a written direction to the person concerned, to take that action within a specified period, or to refrain from taking that action, as the case may be.
(10) In issuing a direction the Commission shall have regard to the conciliator's report.
(11) This regulation applies to a person who engages in a disputed conduct.
(12) In this regulation, 'engage in a disputed conduct' includes being involved in or contributing to that disputed conduct.
(13) Where the Commission issues a direction to a person, it shall give the person notice of the reasons for that direction.
(14) Where the Commission receives a conciliator's report in relation to a matter that arose as a result of a complaint, the Commission shall, by written notice, info rm the complainant of—
(a) any direction issued in relation to the matter, other than a direction issued
to the complainant; or
(b) any decision not to issue a direction in relation to the matter, together
with the reasons for the decision.
16. Interrogatories
(1) A complainant may file with the Commission and serve on a defendant, with its complaint, a request for written interrogatories.
(2) A defendant may file with the Commission and serve on a complainant, during the period starting with the service of a complaint and ending with the service of its answer, a request for written interrogatories.
(3) A request for interrogatories filed and served under this regulation may be used to seek discovery of any non-privileged matter that is relevant to the material facts in dispute, in a pending proceeding.
(4) A request for interrogatories filed and served by a complainant after service of a defendant's answer shall be limited in scope to specific factual allegations made by the defendant in support of its affirmative defences.
(5) This regulation shall not be used for the purpose of delay, harassment or obtaining information that is beyond the scope of permissible inquiry related to the material facts in dispute in a pending proceedings.
(6) A request for interrogatories filed and served under subregulation (1) shall contain a listing of the interrogatories requested, an explanation of why the information sought in each interrogatory is necessary to the resolution of the dispute and that it is not available from any other source.
(7) Oppositions and objections to requests for interrogatories shall be completed three days prior to the initial status conference and may be filed and served as follows—
(a) by a defendant within ten days of service of the request for interrogatories
served with the complaint and within five days after the request for
interrogatories served, following service of the answer; and
(b) by a complainant within five days after service of the requests for
interrogatories; and
(c) the procedure in paragraphs (a) and (b) shall be completed three days
before the initial status conference.
(8) The Commission shall at a status conference, consider a request for interrogatories and any objections or oppositions, which are properly filed and served, determine the interrogatories, if any, and set the schedule of the response.
(9) Where the Commission determines that an objection is not justified, it shall order that an answer is served, and where an interrogatory is not answered, the Commission may rule that the right to object be waived and may order that an answer is served.
(10) Where an answer does not comply fully with this regulation, the Commission may order that an amended answer is served and shall specify the scope and detail of the matters to be covered by the amended answer, and the appropriate procedural consequences including adverse findings of fact and dismissal with prejudice, which may follow from the failure to make a full and responsive answer.
(11) The interrogatories ordered to be answered shall be answered separately and fully in writing under oath or affirmation by the party served, or where the party is a public or private corporation or partnership or association, by any officer or agent who shall furnish the information as is available to the party.
(12) A requesting party asserting that a responding party has provided an inadequate or insufficient response to a discovery request ordered by the Commission may file an application to compel an answer within ten days of the service of the response, or as otherwise directed by the Commission.
17. Discovery and production of documents
(1) Each party to the proceedings shall serve with its initial pleading and reply statement, copies of all documents in its possession, custody or control that are likely to bear significantly on any claim or defence.
(2) For the purpose of subregulation (1), the documents shall include data compilations and tangible things.
(3) A document is likely to bear significantly on a claim or defence where
(a) appears likely to have an influence on, or affect the outcome of a claim or
(b) reflects the relevant knowledge of a person who, if his or her potential
testimony was known, may reasonably be called as a witness by any of
the parties;
(c) is something that is reasonably considered necessary to prepare, evaluate
or try a claim or defence; or
(d) does not support a disclosing party's contentions.
(4) A party to Commission proceedings may request any other party—
(a) to produce and permit inspection and copying or photographing, by or on
behalf of the requesting party, any designated document, paper, book, accounts, letter, photograph, object, or tangible thing which constitutes or contains evidence which is relevant to a hearing or an investigation and which is in the possession, custody, or control of that other party;
(b) permit entry upon designated land or other property in the possession or
control of that other party, for purposes of inspecting, measuring, surveying, or photographing the property or any designated object or operation on it.
(5) A request under subregulation (4) may not be filed with the Commission but copies of the request shall be served on all the other parties to the proceedings.
(6) A party against whom a request is made shall, within ten days comply with the request or object to the request by claiming a privilege or raising any other objection, and where the request is not complied with in whole or in part, the requesting party may file an application with the Commission, to compel production of d ocuments or access to property.
(7) An application to compel production of documents or access to property under subregulation (6) shall be accompanied by a copy of the original request and the responding party's objection or claim of privilege, and shall be filed within five days after the objection or claim of privilege.
(8) At a pre-status conference filing, a party to proceedings may request the production of additional documents and shall justify its request by identifying the specific issue or issues on which it expects to obtain evidence from each request.
(9) In resolving any dispute involving the production of documents or access to property, the Commission may direct that the materials objected to, be presented for inspection, in camera by the Commission.
18. Confidentiality of information
(1) Any material generated in the course of formal complaint proceedings may be designated as proprietary by the party that generates it, where that party believes in good faith that the material falls within an exemption to disclosure.
(2) Any party asserting confidentiality for any materials shall indicate this by clearly marking each page, or portion of it, for which a proprietary designation is claimed.
(3) Where a proprietary designation is challenged, the party claiming confidentiality shall have the burden of demonstrating, by a preponderance of the evidence, that the material designated as proprietary falls under the standards for nondisclosure.
(4) A material marked as proprietary may be disclosed to any person, for use in prosecuting or defending a party to the complaint action, and to the extent necessary to assist in the prosecution or defence of a case.
19. Initial briefs
(1) The Commission may, in its discretion or upon a party's motion showing good cause, require the parties to file briefs summarising the facts and issues presented in the pleadings and other record evidence.
(2) Unless otherwise directed by the Commission, a brief shall include all legal and factual claims and defences previously specified in a complaint, answer, or other pleading submitted in the proceedings.
(3) A party shall attach to its brief, copies of all documents, data compilations and tangible things, upon which the party relies or intends to rely to support the facts alleged and legal arguments made in its brief and the brief shall contain a full explanation of how each attachment is relevant to the issues and matters in dispute.
(4) A party shall attach to its brief any other supporting documentation, accompanied by a full explanation of the relevance of the materials and why the materials were not identified in the statement.
(5) Where the Commission authorises the filing of briefs in cases in which discovery is not conducted, the briefs shall be filed concurrently by the complainant and the defendant, at a time that may be designated by the Commission.
(6) Where discovery is conducted, briefs shall be filed concurrently by the complainant and the defendant, at a time that may be designated by the Commission.
(7) The Commission may require the parties to submit any additional information it deems appropriate for a full, fair and expeditious resolution of the proceedings, including affidavits and exhibits.
20. Pre-hearing conferences
(1) The Commission on its own initiative or at the request of any party may direct the parties or their advocates to appear at a specified time and place for a conference prior to a hearing, or to submit suggestions in writing, for the purpose of considering, among other things, the matters specified under subregulation (4), at least thirty days after the effective date of the order fixing the case for hearing, unless good cause is shown for scheduling the conference at a later date.
(2) Except where circumstances require, the Commission shall allow a reasonable period prior to the commencement of a hearing, for the orderly completion of all pre-hearing procedures, including discovery, and for the submission and disposition of all pre-hearing applications.
(3) Where the circumstances warrant, the Commission shall promptly after a hearing is ordered, call a preliminary pre-hearing conference, to inquire into the use of available procedures contemplated by the parties and the time required for their completion, to formulate a schedule for their completion, and to set a date for commencement of the hearing.
(4) A pre-hearing conference shall consider—
(a) the necessity or desirability to simplify, clarify, amplify, or limit the
(b) the admission of facts and the genuineness of documents;
(c) the procedure of a hearing;
(d) the number of witnesses;
(e) the necessity or desirability to amend the pleadings and offers of
settlement or proposals of adjustment;
(f) narrowing of issues or the areas of inquiry and proof at the hearing;
(g) the date for a formal hearing; and
(h) any other matters that may expedite the conduct of a hearing.
(5) In proceedings where a consent agreement may be negotiated, the parties shall state at a pre-hearing conference whether they are willing to enter negotiations for the consent agreement.
(6) A pre-hearing conference shall have an official transcript of its proceedings made.
(7) Upon convening a formal hearing in any proceedings, the Commission shall enter on the record, a statement of all actions taken at a pre-hearing conference, the stipulations and agreements of the parties, approved by the Commission, and any special rules which may be deemed necessary to govern the course of the proceeding.
21. Summary decision
(1) A party may move for a summary decision of all or any of the issues set for hearing, by filing a motion, supported by an affidavit or by any other material showing that there is no genuine issue of material fact for determination at the hearing, at least ten days before the date set for the commencement of the hearing.
(2) Within five days after an application for a summary decision is filed, any other party to the proceedings may file an opposition for summary decision, using an affidavit or any other material showing that—
(a) there is a genuine issue of material fact for determination at the hearing;
(b) he or she cannot, for good cause present by affidavit or otherwise, facts
essential to justify his or her opposition; or
(c) summary decision is inappropriate.
(3) The Commission may, in its discretion, set the matter for argument and call for the submission of proposed findings, conclusions, briefs or memoranda of law.
(4) The Commission may after consideration of the nature of the proceedings, the issue, the proof, and the need for cross-examination, grant the application for summary decision to the extent that the pleadings, affidavits, materials obtained by discovery or any other means, admissions, or matters officially noticed, show that there is no genuine issue as to any material fact and that a party is otherwise entitled to a summary decision.
(5) Where it appears from the affidavits of a party opposing that he or she cannot, for good cause shown, present by affidavit or any other means facts which are essential to justify his or her opposition, the Commission may deny the application, order an adjournment to permit affidavits to be obtained or discovery to be had, or may make such other order as may appear to the Commission to be just.
(6) Where all the issues or a decisive issue on an application for summary decision is determined, no hearing or further hearing will be held and the Commission shall issue a summary decision which shall be subject to appeal or review.
(7) Where some of the issues on an application for summary decision are decided, or where an application is denied, the Commission shall issue a memorandum and an interlocutory order on the decided issues, and the hearing shall proceed on the remaining issues.
(8) The Commission shall take the necessary action to ensure that a summary decision procedure is not abused, and may for that purpose rule in advance of an application that a proceeding is not appropriate for summary decision, and take such other measures as are necessary to prevent any unwarranted delay.
(9) Where it appears to the satisfaction of the Commission that an application for summary decision is presented in bad faith or solely for the purpose of delay, or that a motion for a summary decision is patently frivolous, the Commission shall enter a determination to that effect upon the record.
22. Order of hearing procedure
(1) At a hearing on a formal complaint a complainant shall, except where the Commission orders, open and close his or her case.
(2) At a hearing on objections, the party objecting shall open and close the proceedings where the issues are not specifically adopted by the Commission.
(3) At a hearing on order to show cause, to cease and desist, to revoke or modify a license or other similar proceedings instituted by the Commission, the Commission shall open and close the proceedings.
(4) At all hearings other than hearings on formal complaints, the respondent shal l open and close the process, unless otherwise directed by the Commission.
(5) In all cases not mentioned in subregulations (1), (2), (3), and (4), the Commission shall designate the order of presentation, and any third party shall follow the party on whose behalf his or her participation in the proceedings was sought, and where the third party participation is not in support of an original party, the Commission shall designate the stage at which the third party shall be heard.
(6) The Commission shall determine the periods that are reasonably necessary for the fair and adequate presentation of the respective cases of the parties, and may require that the cases be presented within those periods.
(7) A record of hearing shall close when the recording of testimonies by the Commission is concluded.
23. Proposed findings and conclusions
(1) Each party to the proceedings may file proposed findings of fact and conclusions, briefs, or memoranda of law, at least twenty days after a record is closed, except where additional time is allowed by the Commission.
(2) In the absence of a good cause, failure to file proposed findings of fact, conclusions, briefs, or memoranda of law, when directed to do so, may be considered as a waiver of the right to participate further, in the proceedings.
(3) Proposed findings of fact shall be specified in serially numbered paragraphs and shall set out in detail and with particularity all basic evidentiary facts developed on the record.
(4) Each evidentiary fact shall have the appropriate citations to the transcript of record or exhibit relied on, to support the conclusions proposed by the party filing them.
(5) The proposed conclusions shall be stated separately and the proposed findings of fact and conclusions submitted by any person other than the complainant may be limited to those issues in connection with the hearing which affect the interests of that person.
24. Certification of transcript
(1) After the close of the hearing, the complete transcript of testimonies, together with all exhibits shall be certified by the Commission, and filed in the office of the Secretary to the Commission.
(2) The Secretary to the Commission shall serve notice of the certification on all parties to the proceedings.
(3) At any time during the course of the proceeding, or as may be directed by the Commission, but not later than ten days after the date of notice of certification of the transcript, a party to the proceeding may file with the Commission an application, accompanied by proof of service upon all the other parties to the proceeding, requesting the correction of the transcript.
(4) Within five days after the filing of an application requesting the correction of the transcript, any other party may file a pleading in support of or in opposition to the application.
(5) The Commission shall after filing an application by order, specify the corrections to be made in the transcript.
(6) A copy of the order shall be served upon all parties and shall become part of the record.
(7) The Commission may on its own initiative specify corrections to be made in a transcript upon giving the parties a five days notice.
25. Final decision
(1) After opportunity is afforded for the filing of proposed findings of fact and conclusions, the Commission shall issue a final decision.
(2) The final decision shall contain—
(a) findings of fact and conclusions, and the reasons and the basis of these,
upon all the material issues of fact, law or discretion presented on the record;
(b) rulings on each relevant and material exception filed; and
(c) the appropriate rule or order and the sanction, relief or denial of such rule
or order.
(1) During proceedings under these Regulations, the Commission shall be constituted by five or more of its members.
(2) A question before the Commission shall be decided on—
(a) according to the opinion of the majority of the members present; or
(b) where the members are evenly divided on the question, according to the
opinion of the member presiding at the particular proceedings.
27. Powers of the commission
(1) For the purposes of proceedings under these Regulations, the Commission may—
(a) give direction of the proceedings;
(b) hear and determine a complaint in the absence of a person who is
summoned or served with a notice to appear;
(c) adjourn the proceedings to any time and place;
(d) refer any matter to an expert and admit the expert's report in evidence; or
(e) generally give directions, and perform actions that are necessary or
expedient for the speedy hearing and determination of questions before the Commission.
(2) During proceedings, the Commission shall take evidence on oath or affirmation and for that purpose a member of the Commission may administer an oath or affirmation.
(3) The Commission shall in respect of any proceedings, appoint any of the staff of the Commission as the Registrar.
(4) All decisions of the Commission shall be based on the merits of a case and in making determinations or arriving at decisions, the Commission shall—
(a) provide a party with a full and fair opportunity to respond to the claims
against that party;
(b) not be bound by technicalities, legal forms or rules of evidence;
(c) act as speedily as a proper consideration of the matter allows, having
regard to the need to carefully and quickly inquire into and investigate a dispute and all matters affecting the merits and fair settlement of the dispute; and
(d) inform itself of any matter relevant to the dispute in any way it thinks
(5) The Commission may if it deems fit before making any decision provide an opportunity for public comment in connection with the material issues, through a public consultation and in such cases the Commission shall give full consideration to the public comments received.
(6) The Commission's decision and directions shall be non-discriminatory and shall treat similarly situated persons in the same manner and on an equal basis.
(7) At any time during an enforcement proceeding, the Commission may issue an interim order directing an operator to cease and desist from specified conduct, where the Commission is satisfied that—
(a) there is prima facie evidence that the operator contravened a provision of
the Act or any regulation;
(b) continuation of the operators conduct is likely to cause serious harm to
other operators, consumers or the general public;
(c) the potential harm caused as a result of allowing the operator to continue
its conduct out-weighs the burden on the operator; and
(d) the issue of the order is in the public interest.
28. Commission investigations
(1) The Commission may on its own motion or upon a complaint by any interested party, hold proceedings as it may deem necessary—
(a) to investigate any matter for which it has power under the Act; or
(b) to obtain information necessary or helpful for determining its policies,
carrying out its duties or formulating or amending its rules and
(2) Where the Commission makes an investigation, it shall make a report in writing in respect of the investigation.
(3) A report of an investigation shall state the conclusions of the Commission and its decision, the order or requirements of the case before it; and shall include the find ings of fact on which the decision is made.
(4) The Commission shall in investigating complaints, on its own motion or upon a complaint from an interested party, use alternative dispute resolution procedures in its proceedings.
(5) The Commission shall require the attendance and testimony of a witness and the production of any book, paper, schedule of charges, contract, agreement or document, relating to any matter under investigation.
(6) In case of disobedience by any witness, the Commission or any party to a proceeding before the Commission may request the court to order the attendance and testimony of a witness and the production of a book, paper and document, under the provisions of this regulation.
(7) Any person may be compelled to appear and depose or produce documentary evidence, before the Commission in the same manner as a witness may be compelled to appear and testify and produce documentary evidence in a court of law.
(8) Each licensee under the Act shall furnish the Commission with an address to be used by the Commission for service of documents or directing correspondence to that licensee under these Regulations, and unless the licensee advises the Commission to the contrary, the address contained in the licensee's most recent application shall be used by the Commission for this purpose.
(9) A person or company under investigation by the Commission, may file a written statement to the Commission specifying its views on the matters under investigation, and the Commission shall in writing, advise the person or company of the general nature of the investigation.
(10) The Commission may in writing require from any other person written statements of fact relevant to a determination of a matter before it.
(11) A response, correspondence, inquiry, application, pleading, report or other written statement submitted to the Commission shall not contain any misrepresentation or wilful material or omission bearing on any matter before the Commission.
29. Modification of licence
(1) Whenever it appears that a license is to be modified, the Commission shall notify the licensee in writing, of the proposed action and reasons for it, and afford the licensee at least sixty days to protest the proposed order of modification, except that, where safety of life or property is involved, the Commission may by order provide a shorter period of time.
(2) The Commission shall give due consideration to any representation made by an operator at a hearing proceedings.
(3) Any licensee who believes that its license or permit would be affected by the proposed action in subregulation (1), may make representations protesting the proposed action before its effective date.
(4) In order to utilise the right to a hearing and the opportunity to appear and give evidence upon the issues specified in any hearing, a licensee in person or through an advocate shall, within fifteen days or such other time as may be specified by the Commission in a hearing notice, file with the Commission a written statement stating that he or she will appear at the hearing and present evidence on the matters specified in the hearing notice.
(5) The right to file a written statement or to have a hearing under subregulation (4) shall, unless good cause is shown, be exercised only where a written statement is filed within the period stipulated in the subregulation.
(6) The right to file a defence shall be deemed waived in case of failure—
(a) to file a protest or a written statement in time; or
(b) to appear at a hearing, either in person or through representation by an
advocate, where a written statement is filed.
(7) Where the right to file representations or have a hearing is waived, a licensee shall be deemed to have consented to the modification as proposed and the Commission may issue a final decision.
(8) Irrespective of any waiver or failure by the licensee to raise a substantial and material question of fact concerning the proposed modification in his or her protest, the Commission may, on its own motion, designate the proposed modification for hearing.
(9) An order of modification issued under this regulation shall include a statement of the findings, and the grounds and reasons for the findings.
(10) An order for modification, shall specify the effective date of the modification, and shall be served on the licensee.
30. Notice of violations
(1) Except in cases of wilfulness where public health, interest, or safety require, a person who holds a license, or other authorisation who appears to have violated the Act shall, before revocation, suspension, or cease and desist proceedings are instituted, be served with a written notice bringing those facts to his or her attention and requesting for a statement concerning the matter.
(2) Within fifteen days from receipt of the notice or such other period as may be specified, the recipient of the notice shall send a written answer to the Commission, and where an answer cannot be sent or an acknowledgement cannot be made within the period due to illness or any other unavoidable circumstances, the acknowledgement and answer shall be made at the earliest practicable date with a satisfactory explanation for the delay.
(3) The answer to a notice under this regulation shall be complete in itself and shall not be abbreviated by reference to other communications or answers to other notices, and shall contain a statement of action taken to correct the condition or omission complained of and to preclude its recurrence.
(4) Where the notice under this regulation relates to violations that may be due to the physical or electrical characteristics of a transmitting apparatus and a new apparatus to be installed, the answer shall state the date the apparatus was ordered, the name of the manufacturer, and the promised date of delivery.
(5) Where the installation of an apparatus requires a construction permit, the file number of the application shall be given, and where a file number is not assigned by the Commission, an identification that permits ready identification of the application shall be given.
(6) Where a notice of violation relates to lack of attention to or improper operation of a transmitter, the name and license number of the operator in charge shall be given.
31. Suspension or revocation of operator licence
(1) Whenever grounds exist for suspension of an operator licence, as provided in the Act, the Commission may issue an order suspending the operator licence.
(2) No order of suspension of any operator's licence shall take effect, until fifteen days' notice in writing of the cause of the proposed suspension, is given to the operator licensee.
(3) An operator licensee may make written application to the Commission at any time within the fifteen days prescribed by subregulation (2), for a hearing upon the order.
(4) The notice to an operator licensee shall not be effective until it is actually received by him or her.
(5) An operator licensee shall mail an application for a hearing within fifteen days from the date of receipt of a notice of the proposed suspension.
(6) Upon receipt by the Commission of the application for hearing, the order for suspension shall be designated for hearing by the Commission and the suspension shall be stayed until the conclusion of the hearing.
(7) Upon the conclusion of the hearing, the Commission may affirm, modify, or revoke the order for suspension.
(8) Where an order to suspend a licence is made, an operator shall send his or her operator licence to the Commission on or before the effective date of the order or where the effective date passes, at the time notice is received.
32. Witness summons
(1) Summons requiring the attendance and testimony of a witness, or the production of any book, paper, schedule of charge, contract, agreement or document relating to any matter under investigation or hearing, may be signed and issued by the Commission to any person.
(2) A request for a summons shall be submitted in writing and shall specify the book, paper or document desired and the facts expected to be proved.
(3) Any request for a witness summons shall be supported by facts showing the general relevance and materiality of the evidence sought.
(4) Service of witness summons upon the person named in the summons shall be made by exhibiting or reading the witness summons to him or her, or by delivering a duplicate copy of the witness summons to him or her, and by tendering to him or her the fees, including transport, food and accommodation, for the attendance at the proceeding to which he or she is summoned.
(5) In case of failure to effect service, the reasons for the failure shall be stated on the original copy of the summons, by a person who attempted to effect service.
(6) A witness who responds to the summons is entitled to the same fees, including mileage, as are paid for similar attendance in a court of law.
(7) The attendance of a witness and the production of documentary evidence may be required from any place in Uganda, at any designated place of hearing.
(8) In case of disobedience to a summons, the Commission or any party to a proceeding before the Commission, may request court to order the attendance and testimony of witnesses and the production of documentary evidence.
33. Expert witnesses
(1) A complainant who intends to rely on expert testimony for a purpose other than to rebut a defendant's expert evidence, shall identify its expert witness in the statement of claim, and shall provide its expert statement with a brief statement of the opinion to be expressed by the expert, the basis and reasons for it and any data or other information that the witness considered in forming his or her opinion.
(2) A defendant who intends to rely on expert testimony shall identify its expert witnesses in its defence, and shall provide its expert statement with its prestatus conference filing.
(3) A complainant who intends to rely on previously undisclosed expert testimony to rebut any portion of a defendant's case, shall identify the expert and provide the appropriate expert statement at the initial status conference.
ABEL KATAHOIRE, Chairperson, Uganda Communications Commission.


text:
MI Gas Prices Up 7 Cents
Gas prices in Michigan are up again this week.
The current statewide average is $2 and 81.5 cents.
That's 7 cents more than a week ago and 42 cents per gallon more than last year at this time.
The lowest prices in the state are in Bay City, where regular self-serve will run you $2.80 a gallon.
The highest prices among the areas AAA Michigan surveys are in Ann Arbor and Marquette, where they're a few pennies above the statewide average at $2.84.

subset: commoncrawl


text:
Beech Street Pedestrian Bridge Project - Ferny Grove
Brisbane City Council is planning to construct a shared pedestrian and cyclist bridge connecting Beech Street and Nelson Place in Ferny Grove. This will create a dedicated crossing path for both pedestrians and cyclists travelling between Beech Street and Nelson Place in Ferny Grove.
|Beech Street, Ferny Grove
|The Gap
|Project outcomes
|Improve safety and accessibility for cyclist and pedestrians
|Latest update
Construction is expected to commence in late June 2020.
Download the:
About the project
Council has identified the need to provide a bridge connection over Cedar Creek, to greatly improve safety and accessibility for local residents, pedestrians and cyclists travelling through this area.
The 21 metre-long bridge will extend from Beech Street and connect to the existing shared path north of Nelson Place in Ferny Grove.
The project will include:
- constructing a 21 metre-long bridge structure with a three metre-wide concrete deck
- extending the existing pathway approaches at either end of the bridge
- embankment protection works
- micro-piling
- landscaping works
- tree removals.
Project timing
Works are anticipated to commence in late June 2020 and take approximately four months to complete, weather permitting.
Work will generally be undertaken from 7am to 5pm Monday to Saturday.
Impacts during construction
Some out-of-hours works may be required and Council will provide advance notification to the local community. Pedestrian and cyclist detours will be in place when required.
Local residents and businesses in close proximity to the site may experience some construction impacts associated with these works, including noise, dust, vibration and odour.
Council has identified up to 20 trees that will need to be removed as part of this project. These trees will be removed in consultation with an arborist. Council is committed to minimising any impact on the environment and will undertake offset planting and landscaping after construction. Council will be replanting 20 trees between the height of 1.5m and 3.5m within the project area after construction is complete.
Project benefits
The path will improve access and safety for local residents and pedestrians and cyclists who travel through this area.
More information
If you would like to provide comments, ask questions or find out more about the Beech Street pedestrian bridge project, you can:
- phone the project team on 1800 884 681 during business hours
- phone Council on 07 3403 8888 outside business hours
- email the project team
- write to:
Beech Street pedestrian bridge project
City Projects Office
Brisbane City Council
GPO Box 1434
Brisbane Qld 4001.


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text:
Summer Breeze 2019 is going to kick our ass!
This summer breeze edition is a bomb!
Every day we had some new bands!
Here you are an anticipation, but many bands are already announced, like Testament, Craddle of Filth, Napalm Death.
We, of Poisoned Rock, we will be always on the same wave of summer breeze 2019. Check out our website for daily news!


text: old trials fanatic Report post Posted January 24 I've got a question about sprockets. Now i've always believed that ideally you should have an odd number and an even number i.e. 11 tooth gearbox and 42 back wheel to ensure wear was more even on both sprockets. However the std combination is 11 gearbox 41 rear wheel. Wouldn't this wear the sprocket unevenly. Alternatively have i had it wrong all these years or doesn't it matter any more ? Quote Share this post Link to post Share on other sites


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What's Holding You Back?
CUTLOOSE® is about having the "I can do anything" mentality. Nothing can hold you back. It's believing in yourself to chase after your passions. It's running a marathon with no training for a cancer survivor. It's overcoming mental, physical and emotional limitations. CUTLOOSE® is a lifestyle, where you are empowered.
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A Novel Touch Panel Design for High Optical Transmittance for Interactive Displays
preprintposted on 17.03.2020, 16:12 by Shuo Gao, Ruihan Lv, Shijie Sun
Preprints are manuscripts made publicly available before they have been submitted for formal peer review and publication. They might contain new research findings or data. Preprints can be a draft or final version of an author's research but must not have been accepted for publication at the time of submission.
In this article, we propose a new sensor architecture, in which electrodes are settled at the edge of the touch panel, ensuring a very high optical transmittance. The touch event detection relies on electrical capacitance tomography (ECT) technique. The presented technique provides a feasible means to boost the optical transmittance of the touch panel layer while maintaining touch detection accuracy.


text:
Understanding Key Ideas Anytime You Are Shopping For The Best Plumber
The concept of working with a plumber can be all easy. One thing you need to do is making sure you have the right aspects in place as you go about the shopping process. There are appealing plumbers in place, and working hand in hand is all you need to consider. Whenever getting a plumber s an option for you, you need to bear it in mind that they offer their services differently. It is with this said that one needs to pay attention to the deal that he is selecting. Saving your time here is one thing you need to do, and this will help you compare different plumbers that are in operation. There are the best things that tells more about the plumber and these are the things you need to investigate during your search process.
Additionally, when hunting for a plumber, there are different methods that you can choose to employ as your search process. There are the online sites that one can opt to embrace for instance. It is at this spot that you need to go through different online sites belonging to different plumbers. This is an easy thing worth considering since time is one necessity that you need to have in place. As you chose to work with the online sites, one thing you need to do is work with the online details that have been presented. This is one appealing thing that will offer you details regarding the plumber. The online sites have the reviews that you should consider reading too. After reading the reviews, you need to get a plumber that has good review sin place. Any plumber having negative reviews needs to be withdrawn at all times.
There are recommendations that one can choose to work with whenever you are looking out the best plumber. Anytime you choose to work with recommendations, one needs to note that working with people near you is all you need to do. These are people such as relatives, friends or even acquaintances. These are seen to be the best people that one can trust easily. If there are people who have in the past got the services of a plumber, getting help from them is one thing you need to consider. These are the best people with first-hand experience and this way, they are able to guide you perfectly. Prior to working with any plumber, there is need to check on the aspect of reputation. Not every plumber out there is reputable, and you, therefore, need to check on this aspect. The idea of working with a reputable plumber is appealing for you will be able to sign in for the best results.
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Once the Dust Settles
Three places destroyed by a major disaster: Amatrice in central Italy by an earthquake, Chernobyl in Ukraine by a nuclear catastrophe and Aleppo by war. Once the Dust Settles shows what happens when the dust has settled and the camera crews have left. The film centers around the evocative stories of survivors who are trying to rebuild their lives, against the background of emerging disaster tourism in poignant locations. A cinematic triptych about dealing with disaster and mental reconstruction: the only survivor from the control room at the Chernobyl nuclear power plant, one of the best tour guides in Syria, and the pastor of Amatrice, once a tourist town, now destroyed beyond recognition.
John Appel / Netherlands / 2019 / 85 min.
Arabic, Italian, Ukrainian
Other movies
Do tomatoes taste better when they listen to the music of Richard Wagner? – Elias, a small farming village in central Greece, is dying out. But two cousins team up with the village grannies to cultivate tomatoes. With a little help from Wagner's music, the villagers export their little jars with organic tomato recipes across the world. The film follows …
When night falls in rural Germany, old VW-caravans decorated with flashy lights line the country roads which lead through potato fields and dark forests. Inside theses buses prostitutes from Eastern Europe and Africa await their clients who are passing by. The film portraits these women who came from far away in search for money and …
Oscar nominee Feras Fayyad ("Last Men in Aleppo") delivers an unflinching story of the Syrian war with his powerful new documentary. For besieged civilians, hope and safety lie underground inside the subterranean hospital known as the Cave, where pediatrician and managing physician Dr. Amani Ballour and her colleagues Samaher and Dr. Alaa have claimed their right to work as equals alongside their male …


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Kentucky Cyber Attacks. Infrastructure Affected Public Safety Government Medical Education . Public Safety. No attacks logged to date. BACK TO TOP. Local Government. Louisville Regional Airport Authority, jefferson county. louisville regional Airport attacked by ransomware virus, affected.
For second time in a year, Baltimore hit with ransomware Augustana Colleges reports ransomware attack Southeastern Council on Alcoholism and Drug Dependence notifies patients of ransomware attack OKCPS confirmshit by ransom ware attack
The impact of automation and analytics on airport and airline gate operations. Louisville Regional Airport Authority Hit by a(YVR)
Louisville Regional Airport Authority hit by 'ransomware' attack. WDRB reports: "The Louisville Regional Airport Authority said it fell victim to ransomware Monday morning." May 22nd 2019
Louisville Regional Airport Authority hit by a ransomware attack. The attack did not impact operations or security systems at Louisville Muhammad Ali International Airport or Bowman Field, a.
SCOTT COUNTY, Ind. (WDRB) — A southern Indiana community hit hard by the opioid crisis hopes president Donald Trump declaring the opioid crisis as a "Public Health Emergency" will lead to more.
Book Review: Love's Truest Hope by Laura V. Hilton, Rachel Good, and Mary Alford Don't Bite Off More Than You Can Chew! Here's the Low-Down on DIY Home Additions – House to Home Inspect Colorado Louis Amestoy: How two men gave so much for our country How black pharmacists are closing the cultural gap in health. – "It was so hectic because I didn't have transportation of my own," Bradley said. "It's so convenient for us older people, who have to pay someone to go out of town and get our medicine."Authorities raid 247 Colorado homes growing black market pot columbine survivors raise children in world shaped by attack Columbine Survivors Raise Children in World Shaped by Attack – Twenty years after teenage gunmen attacked columbine high School, many alumni of the Littleton, Colorado, school have become parents. The emotional toll of the shooting that killed 12 classmates.authorities raid 247 Colorado homes growing black market pot – DENVER (AP) – Authorities said Friday they raided hundreds of black market marijuana operations in Colorado that flouted the state's cannabis law by growing tens of thousands of plants in Denver-area homes and selling the drugs out of state. Investigators seized more than 80,000 plants and 4,500.A neighbor or our was scheduled to come to our home this. – A neighbor or our was scheduled to come to our home this week to do some home improvements.. A neighbor or our was scheduled to come to our home this week to do some home improvements.. You have been more help than you know. I seriously don't know what my sisters situation would be today.5, Mary Margaret Bailey, Mobile 14th, James R. Beaird. of editors, officers or board of commissioners of the Alabama State Bar.. My hope is that those of us who practice law far from.. natures of five members in good standing with principal. book review editor of the Tulane Law Review and a member of Phi Delta Phi.
Home / Louisville Regional Airport Authority hit by 'ransomware' attack. Louisville Regional Airport Authority hit by 'ransomware' attack. May 20, 2019; Business Sector, Malware, U.S. WDRB has only a short item on this, but reportedly no ransom has been paid and the airport is restoring.
BLOOMINGTON, Ind. (AP) – Alpha Tau Omega revoked the charter and closed its indiana university chapter Thursday following the release of a video purportedly showing a fraternity member performing a.
When the world luge championships came to Lake Placid in 2009, Erin Hamlin's confidence was soaring. These days, that's not the case. It has been an up-and-down two years for the still-reigning world champion, who'll defend that crown Saturday on the 2006 Olympic track in Cesana, Italy.
Before Canada, the Flames and Jets went south in Atlanta Before You Fly. Air Canada Jetz clients are able to board either through the public airport or move through private terminals (FBO) without the attention of public exposure. Special boarding areas away from public terminals are available upon request with convenient parking close by.
LOUISVILLE, Ky. (WDRB) — Police say they responded to a scene early Friday morning where a Louisville man claimed his marijuana was being burglarized. According to an arrest report, 911 dispatchers.
· Muhammad Ali's Kentucky hometown will honor the late boxer by renaming its airport for him. The Louisville Regional Airport Authority's board voted Wednesday to change the name to Louisville.


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Added @Amyrakunejo and @Fuzzles Just a squirrel: we don't want the politics or the religion talk, just the nutty convos and game playing. ^^
Steam Friends?
Thanks, all. Been playing other games on hubby's account, but considering building a character in Ark to join him and his friends. Anyone also wants to play, it's free on epic games rn, plus several add-ons.
Here I thought my wishlist was big…
Well, I'm not much of a social butterfly but here's my steam profile. Add me at your own risk, lol.
I'm mainly a lurker here but I'll also throw mine out there. Cheers all.
Added you as well
@TrueKnight, @carvalho20ptc Imma add you both. The Cheshire might get random pets - favourite Alice in Wonderland character. ^^
I'm a copy cat.
Thanks for adding. He's one of my favorites too.
Added both of you. My name on steam is totally different, haha. Glad to see Borderlands for both profiles.
I see ya…Where's your Steam info??? We can't give you a "Heads up" if a game is on sale or free on your Wishlist if we can't SEE your Wishlist.
Request accepted
I like arithmetic, so if you are an "adder", I like you. I also like subtractions, multipliers, and dividers. But mostly I like puns.
You all can friend me too.
Hey @Danacscott…Another GOTD person…


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Ligat HaAl (Hebrew: ליגת העל, lit Super/Premier League), or the Israeli Basketball Premier League, is the top-tier league of professional competition in Israeli club basketball, making it Israel's primary basketball competition. For sponsorship reasons, the league is also referred to as Ligat Winner Sal (Hebrew: ליגת ווינר סל), lit. Winner Sal League, with "Winner" being the name of a game operated by the league's primary sponsor, Toto Winner, and "Sal" meaning basket.[1]
The most recent champion is Hapoel Jerusalem.
Ligat HaAl comprises the top twelve basketball clubs in Israel, and was founded in 1954.
The league itself is most known in Europe due to the success of the Israeli teams in the European competitions such as the Euroleague, Eurocup (formerly called the ULEB Cup), and FIBA's EuroChallenge (formerly called the EuroCup). Many undrafted and free agent players from Europe and the NBA play in the Israeli league, as an alternative to NBA competition.
The league is the first division in Israeli basketball: the team that finishes last in a season is relegated to the Second Division, while the Second Division's top 8 teams compete in a play-off system right after the end of the regular season, with the team that reaches the finals series being promoted to the Premier League for the following season.
There are 12 teams in the league and they play against each other twice in the league manner, once at their home and the other away. At the end of those two rounds, the teams are divided into two equal groups, top group and bottom group. The teams in each group play against each other once. All of the teams in the top group and the top two teams in the bottom group, advance to the five game series Quarterfinal. The winners of the Quarterfinals advance to the five game series Semifinals. The two teams that advance play two games in the Final to determine the league champion.
During the 1980s and the early 1990s there were many basketball games between the Israeli League stars and NBA teams such as the Phoenix Suns, the Cleveland Cavaliers, the Orlando Magic, and the Los Angeles Lakers, all of which were played in Israel.
In October 2005, Maccabi Tel Aviv defeated the Toronto Raptors 105–103 in an exhibition game that was played in Toronto, Canada; this was the first victory for any European or Israeli team over an NBA team at its home court.
Over the years, the league has exported many of its foreign players to the NBA. In 2009, Omri Casspi became the first Israeli-born NBA player with the Sacramento Kings. Prior to that, three players have been drafted: Doron Sheffer (who played U.S. college basketball at Connecticut), Yotam Halperin and Lior Eliyahu. Oded Kattash agreed to play with the New York Knicks, but he never actually played in the NBA because of the 1998-99 NBA season lockout that started on July 1, 1998.
In the 2009 NBA Draft, Omri Casspi was selected 23rd overall by the Sacramento Kings, and Gal Mekel followed in 2013 by signing with Dallas Mavericks. Other players who have moved from the league to the NBA include Will Bynum, Anthony Parker, Roger Mason Jr., Eugene "Pooh" Jeter, and Carlos Arroyo.[2]
In 2011, the league imposed a limit of four non-Israelis per team.[2] Jews are immediately eligible for Israeli citizenship, under Israel's Law of Return.[2] Consequently, non-Israeli Jewish basketball players are able to join a team in the league without using up one of the few roster spots available for non-Israeli players.[2]
Examples of Jewish Americans joining teams in the league include Jon Scheyer, Jordan Farmar, Sylven Landesberg, David Blu, and Dan Grunfeld.[2]
National Basketball Association, Fiba, Basketball at the Summer Olympics, World War II, National Collegiate Athletic Association
Los Angeles Lakers, New York City, Boston Celtics, New York Knicks, San Antonio Spurs
Maccabi Tel Aviv B.C., Hapoel Tel Aviv B.C., Hapoel Jerusalem B.C., Basketball, Maccabi Haifa B.C.
Paterson, New Jersey, Seton Hall Pirates men's basketball, Sioux Falls Skyforce, List of NCAA Division I men's basketball season steals leaders, Basketball
Israel, United States, Forward (basketball), Maccabi Tel Aviv B.C., Maccabi Haifa B.C.
University of Rochester, Maccabi Haifa B.C., New York, Basketball, Israeli Basketball Premier League
UNLV Runnin' Rebels basketball, Morehead State Eagles men's basketball, Basketball, Israeli Basketball Premier League, Nazareth


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BREAKING: Officer Shot, Manhunt Underway For Two Suspects
A manhunt is underway in Boise for two suspects connected to the shooting of a Meridian police officer on Sunday.
Philippines mayor Antonio Halili shot dead by sniper, police chief says
Police: Woman, topless, drives stolen front-end loader through town
Cleveland on pace to hire hundreds more police officers
Seattle police car crashes on train tracks in SoDo
Two dozen MS-13 members believed to be behind a DOZEN murders are indicted on federal charges as court hears how one of their 21-year-old victims was dismembered with a machete and buried in a shallow grave
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American Police News
November 2020


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RLM Elite Trial Pike Box
We've put together a versatile mix of baits for the RLM Elite Pike Box that are not only easy to use, but proven to catch fish. Here's what you can expect in your Elite Tackle Box for pike fishing.
-6-7 lures for targeting pike and musky
-Hooks and accessories
-Elite Angler Magazine
-Subscriber only specials from featured brands
RLM Elite Trial Series does not automatically renew
Customer Reviews
He was super excited once he saw the RLM Elite pike mystery box and he was all smiles when he went through the contents, he was eager to try out all the lures! I didn't tell him we would go fishing the next day when he received his mystery box gift. He caught pike with every lure, all catch and release. He is looking in receiving the next box in November!! Happy fisherman, happy mom! Thank you Simple fishing for this awesome Pike mystery box.
all useable pike lures, unreal soft plastics, caught walleye, pike and perch on them!
Got for my father for Christmas arrived fast and I think he will love it. Look forward to the next two boxes!
The box was good. I liked the amount of hard baits included in it, as well as the quality of soft plastics. The one orange large crank bait seemed a little bit cheap in my opinion (just seems like it is made of entirely plastic) but I liked the jointed plug perch lure and the adjustable crank bait where you can add weight to it for dive depths. I like that these boxes are made for targeting pike and musky which is unique in the industry and the fact that it is Canadian is an added bonus. I have been pike fishing a lot since the August box got delivered but I havent used any of the lures yet and will do an updated review on the lures as I use them. Thank you simple fishing for being unique and for being true north strong! I look forward to the October box
Filled with big and medium sized baits and a pack a hooks to go with plastics. This box is definitely worth the money.


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Construction Dispute Law in Illinois
When a property owner and a general contractor contract for a construction project to take place on some property in Kildeer, Illinois, whether it's a house, some landscaping, or a remodeling project, there is always a chance that something can go wrong. In fact, at least a very minor setback may be more likely than not.
In the overwhelming majority of cases, however, these problems are resolvable, and do not lead to major disputes. Being rational, business-minded adults, landowners and construction contractors are usually able to resolve disputes amongst themselves. After all, both stand to gain if the project is completed, and the contractor is paid.
And even if disputes can't be resolved so easily, the courts still don't necessarily have to get involved. For example, a construction contract may require mediation before any further action is taken. Mediation is a process by which a third party tries to guide the parties to the dispute to a settlement. The mediator cannot, however, render any binding decision. Another avenue is arbitration. This is where the parties go to a private arbitration service, which can render a binding judgment (generally enforceable through contract law, as the parties agree in advance to abide by the arbitrator's decision). Arbitration has benefits over litigation, as the parties can have a say in choosing the arbitrator (allowing them to have their case arbitrated by an expert on construction disputes, for example).
Construction Dispute litigation in Kildeer, Illinois is usually time-consuming and expensive. But it is sometimes necessary, usually as a last resort.
Examples of Construction Disputes That Might Lead to Litigation in Kildeer, Illinois
Construction Delays: Delays in construction are common sticking points between contractors and landowners. These delays can sometimes lead to litigation, especially if the construction contract makes it clear that time is an important factor, or if the contract mandates a certain completion date. In such situations, a court will often award the landowner compensation for any monetary losses he or she suffered as a result of the delay.
Owner's Refusal to Pay: If the contractor completes the project, and the owner refuses to pay the agreed-upon price, the contractor will usually file a lawsuit to recover what is owed. Of course, the owner will usually claim that there is a good reason for not paying, arguing that the contractor didn't conform to the project's specifications, or that the quality of construction was unacceptably poor. In such a case, the court will have to decide if the contractor actually breached the contract by doing shoddy work, which could, at least in part, excuse the owner's duty to pay.
Subcontractor Disputes: In large projects, contractors often can't handle every aspect of the construction, so they hire other (usually smaller) contractors to do some specialized work for them, such as plumbing, electrical installations, and the like. The general contractor, nonetheless, is responsible to the owner for anything that goes wrong. If a subcontractor messes up, and the owner sues the contractor, the contractor will have to pay. Nonetheless, the contractor can then go after the subcontractor to recover whatever he had to pay.
Mechanic's Lien: When a contractor wins a case against a client for nonpayment of the contract price, and the client still declines to pay, there is a problem: a monetary judgment means next to nothing if it can't be enforced. To solve this problem, the mechanic's lien has been developed. Essentially, if a landowner refuses to pay a contractor, even in the face of a court order, the court can force a sale of the property that the contractor worked on, along with all the improvements on it, and then give the funds to the contractor, to secure payment.
Can a Kildeer, Illinois Attorney Help?
Disputes over construction delays or defects can be extremely taxing. Therefore, getting an experienced Kildeer, Illinois real estate attorney might mean the difference between success or failure in your business ventures.


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Does Blockchain have the Power to disrupt all Industries?
Taking a closer look at the basics of Blockchain and Cryptocurrencies
Technological disruption occurs every day. Startups are often the first to initiate chains of disruption by utilizing modern technologies for business applications in order to gain an edge in shaping the future. Among today's most promising and revolutionary technologies is blockchain technology. Along with cryptocurrency, it is among the most widely discussed topic around the world.
"By allowing digital information to be distributed but not copied, blockchain technology created the backbone of a new type of internet," Blockgeeks explains. Although it is often associated with cryptocurrency, it is also a standalone technology that has a huge range of use cases. And it solves a lot of the issues plaguing a variety of industries today.
The technology is decentralized — one single party cannot control the blockchain. It is also completely transparent and there is no longer a need for trust as "the blockchain network lives in a state of consensus, one that automatically checks in with itself every ten minutes." In a way, it is "a self-auditing ecosystem" and information on the blockchain cannot be altered. A blockchain is comprised of a network of nodes, which are essentially computer systems connected to the blockchain "using a client that performs the task of validating and relaying transactions." These nodes are responsible for securing the blockchain. This technology will bring significant advantages to virtually all industries and all of this disruption is a good thing.
9 Industries that will soon be disrupted by blockchain according to inc magazine 5/18:
- Banking Industry
- Real Estate Industry
- Healthcare Industry
- Legal Industry
- Cryptocurrency Exchange Industry
- Politics
- Startup Industry
- Video Industry
- Education Industry
Blockchain-distributed ledger technology provides a safe and auditable way to record and transfer data. It can transform the way we live our everyday lives and disrupt any industry that uses data or transactions at all.
Now let's talk about cryptocurrencies — the most widely recognized use case of blockchain technology. As The Motley Fool explained, "Cryptocurrency is an electronic cash system that doesn't rely on central banks or trusted third parties to verify transactions and create new units. Instead, it uses cryptography to confirm transactions on a publicly distributed ledger called the blockchain, enabling direct peer-to-peer payments." Cryptocurrency is a alternative to traditional fiat currencies — they are decentralized, therefore there is no longer the need to use banks to facilitate transactions. The most popular cryptocurrency is Bitcoin — it all began in 2008 when an anonymous person or group of people who went by the name of Satoshi Nakamoto published a paper describing the currency that came to be known as Bitcoin. It was described as a peer-to-peer electronic cash system.
What followed years later was unprecedented — thousands of other cryptocurrencies formed and by early 2018, the market cap of the entire cryptocurrency market reached over $800 billion. Although the market has since corrected, the success and acceptance of cryptocurrencies indicated just how much the world needed them.
This is only the beginning of the era in blockchain and crypto and Spot9 is excited to be part of it all. Be part of the future with us — learn more about us at spot9.de
About spot9:
spot9 exists to free people from current banking limitations.
We want to simplify and enhance all banking processes and transactions for a mobile generation which demands maximum ease of use and greater choices for their money management and digital assets. The future of banking innovation is where customers can personalize their user interfaces, products and data. In short: we understand money as a service, not just as a value.
This means that you can connect all your bank accounts, credit cards, financial apps and digital assets in one secure place. It allows you to view, organize and manage your finances quickly and easily. In addition, you also have access to the best financial products and services available on the market.
spot9, your one and only bank.