Archivos de la etiqueta: Legislación Qatar

10Jul/17

Decision of the President of the Communications Regulatory Authority nº 7 of 2016,

Decisión, Qatar, , ,

Decision of the President of the Communications Regulatory Authority nº 7 of 2016, promulgating the Template Standard Access Offer (Passive Infrastructure)

The President of Communications Regulatory Authority,

Pursuant to the Telecommunications Law, promulgated by Law nº 34/2006 (especially Articles 18, 19, 45, 53, and 62),

Amiri Decision nº 42/2014 Establishing the Communications Regulatory Authority,

Decision of the Board of Supreme Council of Information and Communications Technology nº 1/2009 promulgating the Telecommunications by-law,

Council of Ministers Decision nº 51/2014 Establishing the Telecommunication Infrastructure Coordination Committee,

Decision of the President of the Communications Regulatory Authority nº 3 of 2015

Promulgating the Passive Civil Infrastructure Access Regulation, and Having consulted with stakeholders,

Has decided as follows:

Article 1

Access Providers must comply with the Template Standard Access Offer (Passive Civil Infrastructure) attached hereto when preparing a standard access offer for passive civil infrastructure.

Article 2

All competent authorities, each within its jurisdiction, shall implement this Decision, which shall take effect from publication in the official website of the Communications Regulatory Authority.

Mohammed Ali Al-Mannai
President of Communications Regulatory Authorit

10Jul/17

Decision of the Presidente of the Communications Regulatory Authority nº 3 of 2015, promulgating the Passive Civil Infrastructure Access Regulation

Decisión, Qatar, , , ,

Decision of the Presidente of the Communications Regulatory Authority nº 3 of 2015, promulgating the Passive Civil Infrastructure Access Regulation

The President of Communications Regulatory Authority,

Pursuant to the Telecommunications Law, promulgated by Law nº 34/2006 (especially Articles 18, 19, 45, 53, and 62),

Amiri Decision nº 42/2014 Establishing the Communications Regulatory Authority,

Decision of the Board of Supreme Council of Information and Communications Technology nº 1/2009 promulgating the Telecommunications by-law,

Council of Ministers Decision nº 51/2014 Establishing the Telecommunication Infrastructure Coordination Committee, and

Having consulted with stakeholders,

Has decided as follows:

Article 1

The Passive Civil Infrastructure Access Regulation attached hereto shall come into force.

Article 2

All competent authorities, each within its jurisdiction, shall implement this Decision, which shall take effect three months after publication in the Official Gazette.

Mohammed Ali Al-Manai
President of Communications Regulatory Authority

 

Passive Civil Infrastructure Access Regulation

1. Definitions

For the purposes of this Regulation, unless the context otherwise requires:
Authority means the Communications Regulatory Authority.

[Access means Access]

Access Agreement means an agreement between the Access Provider and Access Seeker for the provision of access to Passive Civil Infrastructure.

Access Provider means any person who owns, builds, or directly controls access to Passive Civil Infrastructure.

Access Seeker means a Service Provider.

Access Request means a request for access made by an Access Seeker, based on an Access Agreement, for access to Passive Civil Infrastructure.

Bottleneck Facility means a facility that cannot feasibly be economically or technically substituted in order to provide a Telecommunications Service in a reasonable amount of time or which based on prevailing state of competition is necessary to enable fair competition in the State of Qatar.

Regulatory Framework means the Telecommunications Law (Decree nº 34 of 2006) and any decisions based on that law, including the Executive By-Law for the Telecommunications Law (Decree nº 1 of 2009), and individual icenses.

Passive Civil Infrastructure means physical facilities or supporting facilities that are considered a Bottleneck Facility.

Standard Access Offer means a set of binding minimum terms and conditions to be included in an Access Agreement between an Access Providers and an Access Seekers.

2. Purpose and Application

2.1 The objectives of this Regulation are:

(a) To establish the obligation for Access Providers to grant access to Access Seekers;

(b) To enable Service Providers to seek access to Passive Civil Infrastructure;

(c) To provide clarity and certainty in relation to the supply of access to Passive Civil Infrastructure by setting out minimum terms and conditions:

(i) on which an Access Provider will make the Passive Civil Infrastructure available to Access Seekers;

(ii) which an Access Seeker must meet in seeking access to the Passive Civil Infrastructure made available by the Access Provider; and

(d) To be sufficiently flexible to deal with change as it occurs.

2.2 This Regulation does not apply to the following:

(a) Real estate developments, unless they are of one hundred (100)
residential or twenty (20) commercial dwellings and above or buildings of five (5) stories high or above.

(b) Electronic transmission equipment or telecom cables

2.3 Access Providers include:

(a) Real estate developers;

(b) Service Providers;

(c) Government entities; and

(d) Other Non-Governmental Organizations (NGO) or private entities.

2.4 Passive Civil Infrastructure includes:

(a) drop and lead in ducts, conduits, manholes, hand holes, cable trays,
equipment mounting, riser shafts and overhead aerial;

(b) telecommunications towers, masts and rooftops;

(c) collocation spaces in telecommunications rooms and central offices, and cabinets, including ancillary collocation facilities, and any additional space which cannot be leased or otherwise disposed of, and which form part of the Telecommunications Network;

(d) equipment such as air conditioning units, back-up generators, and any
associated storage facilities for such equipment such as cabins, racks,
telecoms rooms or cupboards that are ancillary to the establishment of a
Telecommunications Network; and

(e) means to access electrical power connections and the capacity for the
required power.

3. Access Principles

3.1 An Access Provider must provide access:

(a) on reasonable terms and conditions;

(b) on a non-discriminatory basis, unless objectively justified;

(c) on terms and conditions proportionate to the request;

(d) on a timely basis in accordance with established processes;

(e) in accordance with transparent procedures;

(f) where it is technically feasible; and

(g) by negotiating in good faith for alternative solutions in cases of insufficient capacity.

4. Non-Discrimination Obligation

4.1 An Access Provider must not discriminate:

(a) between Access Seekers;

(b) in favour of any party;

(c) where the Access Provider supplies a service to itself, or in favour of itself; or

(d) on any basis including product, price, processes, quality and engineering rules.

4.2 An Access Provider is exempt from the obligation in previous paragraph if
differences are objectively justifiable, and as far as the Access Provider notifies in writing the Access Seeker and the Authority of such justifications, regardless of the ownership status of any entity.

5. Standard Access Offer

5.1 An Access Provider must only offer access to Passive Civil Infrastructure
through a Standard Access Offer that is compliant with this Regulation.

5.2 A Standard Access Offer must follow the templates issued by the Authority,
following consultations with stakeholders and the Passive Civil Infrastructure
Committee.

5.3 The Standard Access Offer must set out, as a minimum:

(a) a description of each access component and the related procedures for
seeking access, including forecasting, ordering, provisioning and billing
procedures as well as ongoing operations and maintenance;

(b) the process to enable Access Seekers to obtain information such as
diagrams, maps and other information showing the location and routes of the Passive Civil Infrastructure;

(c) the necessary technical specifications of access to any and all of the
components of the Passive Civil Infrastructure;

(d) processes for the reservation of capacity;

(e) the applicable charges for access to any and all of the components of the Passive Civil Infrastructure;

(f) the conditions related to service level agreements (SLAs), including the
relevant monitoring mechanisms and where relevant provision for
compensation should the service not be provided according to the SLAs;

(g) the financial security requirements to be imposed, set against the terms  and conditions of the facilities or services provided;

(h) conditions related to maintenance, site access, and safety standards;
and

(i) conditions related to decommissioning of services.

5.4 Access Providers must not offer access to Passive Civil Infrastructure through a new Standard Access Offer, or materially change a previously approved one, unless approved by the Authority, in accordance with the following:

(a) If the Authority does not issue a decision within (10) working days, the
Standard Access Offer is deemed approved.

(b) If the Authority determines that the Standard Access Offer is in violation of the Regulatory Framework, it may issue an Order requiring the Access Provider to amend the Standard Access Offer, and provide guiding templates for this purpose.

(c) If the Access Provider does not resubmit a compliant Standard Access
Offer within (20) working days of notice of an Order issued under the
previous paragraph, the amendment proposed by the Authority shall be
deemed made by the Access Provider and approved by the Authority.

5.5 An Access Provider must publicly disclose (on its website or any other suitable media) all Standard Access Offers approved by the authority under previous paragraph no later than twenty (20) Working Days after the approval.

6. Negotiation

6.1 When an Access Provider negotiates an Access Agreement with an Access Seeker:

(a) both parties must use their best endeavours to conclude the Access
Agreements within sixty (60) Working Days of a written request to
commence negotiations;

(b) negotiations must be conducted in good faith and a commercially
reasonable terms and conditions.

6.2 An Access Provider must register with the Authority any Access Agreement
within five (5) Working Days of its conclusion.

6.3 If negotiations are not completed within the sixty (60) Working Days, an Access Provider or Access Seeker may, at any time, request the Authority to intervene under the dispute resolution rules issued under Article 61 of the
Telecommunications Law.

7. Ordering

7.1 An Access Request must be in writing, reasonable and contain at least the
following information:

(a) the name and contact details of the Access Seeker;

(b) the timeline for access for when access is required;

(c) the facilities and/or services in respect of which access is sought setting
out the:

(i) Route Access Request (RAR): Defined start and end point of the
required route, and/or;

(ii) Area Access Request (AAR) a specific area or development site
as a whole or part;

(d) a forecast of the capacity the Access Seeker will require.

7.2 Access to Passive Civil Infrastructure may be requested in whole or in part.

7.3 The Access Provider must within ten (10) Working Days of receipt of an Access Request, respond to the Access Seeker in writing acknowledging receipt of the Access Request, and either accept or reject it.

7.4 If the Access Provider accepts the Access Request, the Access Provider must state reasonable timing for making available all schematics, diagrams and pertinent information detailing the passive Civil Infrastructure pertaining to the specifics of the Access Request.

7.5 If the access seeker does not provide information required with the Access
Request, or the information provided is irregular, the Access Provider must
inform the Access Seeker within (5) Working Days of the Access Request of
any steps that need to be taken to complete the information required to process the Access Request, and give the Access Seeker five (5) Working Days for that purpose. Once the information is received from the Access Seeker, the Access Provider must reconsider the Access Request in accordance with this Regulation.

7.6 Without limiting any other grounds that may be relied upon under law, an
Access Provider must not refuse an Access Request, except on the grounds
that:

(a) The Access Seeker has not provided all of the information required in
accordance with this Regulation after being given the opportunity to rectify the omissions in accordance with the procedures above;

(b) It is not technically feasible to provide access to the facilities or services
requested by the Access Seeker;

(c) The Access Provider has insufficient capacity to satisfy the request as the Passive Civil Infrastructure is already consumed to capacity or near full capacity, or reserved for future use by the Access Provider or another Access Seeker.

7.7 If a Passive Civil Infrastructure is reserved for use by another Access Seeker, such use must commence no later than six (6) months from the date such Access Seeker makes the Access Request; otherwise, it shall be considered available.

7.8 If access is refused due to capacity constraints, and without violating the
capacity constraints requirements set out in the this Regulation, the Access
Provider must offer alternative options to the Access Seeker within twenty (20)
Working Days from the rejection notice.

7.9 The Access Provider and the Access Seeker may define shorter timeframes in their Access Agreement, but cannot extend the timeframe without the approval of the Authority upon reasonable justification.

7.10 If the Access Provider does not respond to the Access Request within the
timeframe prescribed in this regulation, the parties may refer the dispute to:

(a) the Passive Civil Infrastructure Committee for an amicable solution within five (5) Working Days, or

(b) the Authority in accordance with dispute resolution rules issued under
Article 61 of the Telecommunications Law.

8. Access Provisioning

8.1 An Access Provider must provide access to the Passive Civil infrastructure
within twenty (20) Working Days of accepting an Access Request.

8.2 If an Access Provider cannot reasonably meet the accepted Access Request within the requested timeframe, the Access Provider must enter into good-faith negotiations with the Access Seeker in regard to an alternative reasonable timeframe for provisioning access to the Passive Civil Infrastructure.

9. Capacity Constraints

9.1 Where new Passive Civil Infrastructure is to be deployed by an Access
Provider, the Access Provider must offer to the Access Seeker the following:

(a) to enter into a joint-investment agreement to build and finance the new
Passive Civil Infrastructure, as far as the Access Seekers and the Access Provider are licensed Service Providers. The agreement shall be reciprocal and govern how both parties will build and share Passive Civil Infrastructure. The right of each party must be based on a percentage of the respective investments and corresponding capacity allocation.

(b) an Indefeasible Right of Use covering a minimum commitment period of
twenty (20) years; or

(c) a lease agreement upon a reasonable and proportionate minimum
commitment from an Access Seeker.

9.2 In order to foster investment in Passive Civil Infrastructure by Service
Providers, a “surcharge” may be applied to (b) and (c). The surcharge shall be
determined at the sole discretion of the Authority.

9.3 If an Access Provider is unable to provide access due to insufficient capacity in existing Passive Civil Infrastructure, it must offer the Access Seeker, if technically feasible, to:

(a) scale the Passive Infrastructure and offer the Access Seeker an
Indefeasible Right of Use covering a minimum commitment period of twenty (20) years; or

(b) scale the Passive Infrastructure and offer the Access Seeker to enter into a lease agreement upon minimum commitment from Access Seekers.

9.4 Access Providers and Access Seekers must abide by the following:

(a) Access Providers and Access Seekers must enter into confidentiality
agreements with rules governing how information about an Access
Provider’s roll-out plans are not used by Access Seekers to gain unfair
competitive advantage;

(b) an Access Provider must notify all Access Seekers in writing of any
planned construction work of a Passive Civil Infrastructure for purposes of developing an infrastructure sharing plan prior to the design and planning stages and no less than six (6) month prior to commencing the planned construction work;

(c) An Access Provider must consult with all Access Seekers on the design  and planning of the planned construction works; and

(d) Access Seekers must respond to the request to develop the infrastructure sharing plan within one (1) month from receipt of the build/change notification, subject to subsections (a) to (c) above.

10. Removal or Modification of Existing Physical Infrastructure

10.1 An Access Provider must issue a notice in writing to Access Seekers to whom access has been granted prior to conducting any civil works necessitating the removal or modification of any component of the Passive Infrastructure. The Access Provider must state in the notice the commencement date and duration of the removal or modification work. Except in cases of emergency, the notice must be issued no less than three months prior to the commencement of the planned works.

10.2 For any civil work carried out by an Access Provider which involves
modification of the Passive Infrastructure, the Access Provider must ensure
that the modified infrastructure is compliant with the Regulatory Framework,
through the following:

(a) Where the Passive Civil Infrastructure was compliant with the
Regulatory Framework, the Access Provider shall reinstate the Passive Civil Infrastructure to its original condition of compliance, and

(b) Where the Passive Civil Infrastructure was not compliant with the
Regulatory Framework, the Access Provider must proceed to do all the
necessary improvements to the Passive Civil Infrastructure to ensure compliance, subject to feasibility and long term commitment from
Access Seekers for use of the modified infrastructure.

11. Charging Principles

11.1 Access to existing and new Passive Civil Infrastructure must be charged based on the cost of efficient service provision, according with the following principles:

(a) an Access Provider must be capable of demonstrating that charges are
derived from cost;

(b) Charges must not be based on the position the Access Provider enjoys in the market or in the area;

(c) Only costs which are directly associated with the provision of the Passive Civil Infrastructure can be taken into account.; and

(d) Charges shall be claimed only for the access capacity made effectively
available by the Access Provider to the Access Seeker and no minimal
charge shall be claimable.

11.2 The charges may include a reasonable rate of return on investment, and the following cost elements:

(a) Depreciation of the relevant assets and cost of capital;

(b) Operating costs for the Passive Civil Infrastructure in direct relation to
the access effectively granted;

(c) Operating cost for maintenance in direct relation to the access effectively granted; and

(d) Wholesale cost management.

11.3 An Access Provider must submit all charges relating to access to Passive Civil Infrastructure, with justifications, to the Authority for approval at least thirty (30) Working Days prior to implementation date; and the Access Provider must adjust the charges as directed by the Authority.

11.4 The Authority may consult with the Access Provider and may rely on
international best practice in seeking any adjustments to the charges.

11.5 Access Providers must maintain a record of all applicable charges issued and payments received.

11.6 If the Access Provider’s charges are not in accordance with the Regulatory Framework, the Authority may, at any time, set the relevant charges to be applied by the Access Provider.

12. Confidentiality

12.1 Whenever any or all of the components of the Passive Civil Infrastructure is supplied to an Access Seeker the following provisions apply:

(a) An Access Provider will keep all Access Seeker confidential information in confidence and will not disclose Access Seeker confidential Information to any third party other than as necessary for the provision of the Access to that Access Seeker;

(b) An Access Seeker will not use the Access Provider confidential information other than for the stated purpose.

13. Financial Security

13.1 An Access Provider and an Access Seeker must require the other to provide a financial security of a reasonable amount set against the respective obligations in the Access Agreement.

13.2 The Access Provider and Access Seeker shall be entitled to draw down on the security payment in accordance with the terms and conditions set out in the Access Agreement.

14. Reporting

14.1 An Access Provider must:

(a) Supply at least on an annual basis to the Authority all information on
deployment of Passive Civil Infrastructure already underway or planned
over the next six (6) months;

(b) Provide a report to the Authority and to Access Seekers which signed an Agreement based on Standard or Reference Offers on the service level agreement as prescribed in accordance with the Standard Access Offer.

15. Monitoring

15.1 Where the Authority has reasonable grounds to believe that there has been a violation of this Regulation, or where the Authority has received a complaint from any Access Provider or Access Seeker concerning non-compliance with this Regulation, the Authority may request in writing such information as is relevant to support its investigation of non-compliance with this Regulation which must be submitted within a reasonable period of time.

15.2 All complaints made to the Authority shall be managed in accordance with Article 61 of the Telecommunications Law and the Dispute Resolution Process, which shall not limit any party’s recourse to other legal remedies, including using the administrative courts.

15.3 Access Providers and Access Seekers must enable their respective technical systems to interface with an automated infrastructure management system implemented and operated by the Authority no later than six (6) months after the Authority implements the relevant system.

16. Non Compliance Fee

16.1 The Authority may impose a non-compliance fee on an Access Provider or an Access Seeker for breach of any obligation prescribed in this Regulation of Ten Thousand (10,000) Qatari Riyals for each specified non-compliance.

16.2 In the case of a continuing breach, the Authority may impose a non-compliance fee on the Access Provider and/or Access Seeker of One Thousand (1,000) Qatari Riyals for each day, or part of a day during which the specified noncompliance continues after a finding of non-compliance.

16.3 In the case of repeated non-compliance incidences, the non-compliance fee may be doubled for each specified non-compliance incident.

16.4 The Authority shall assess the appropriate non-compliance fee based on the seriousness of the non- compliance and its effect, on a case by case basis.

16.5 Notwithstanding the above, the Authority may issue an injunction to require the Access Provider and/or Access Seeker to do, or refrain from doing specific acts related to the specified non-compliance.

17. Telecommunication Infrastructure Coordination Committee

17.1 The powers of the Telecommunication Infrastructure Coordination Committee under this regulation is limited to making recommendations, and does not extend to decision making or dispute resolution.

18. Third Party

18.1 The Access Agreement must be signed between the Access Provider and the Access Seeker, and if the Access Provider delegates the operation or
management of such Passive Civil Infrastructure to a third party, including
Service Providers, the third party must adhere to all the obligations pursuant to this Regulation and such third party delegation will not exempt the Access
Provider of any of its obligations under this Regulation.

 

10Jul/17

Decree-Law nº 34 of 2006, Promulgating the Telecommunications Law

Decreto Ley, Qatar, , , , ,

We, Hamad Bin Khalifa Al-Thani, the Emir of the State of Qatar,

In accordance with the Constitution and with regard to the following:

Law nº 11 of 1997 establishing the Qatari General Authority for Radio and Television, as amended by Law nº 9 of 2004;

Law nº 21 of 1998 concerning the conversion of the Qatari Public Telecommunications Establishment to a Qatari Shareholding Company;

Decree Law nº 36 of 2004 concerning the establishment of the Supreme Council for Telecommunications and Information Technology;

The proposal of the Supreme Council for Telecommunications and Information Technology; and the draft Law submitted by the Council of Ministers

Have decided the following Law:

Article 1.- Introduction

The provisions of the Telecommunications Law attached to this Law shall apply.

Article 2.- Introduction

The provisions of the attached Law shall apply to all government agencies, public bodies, institutions and persons, to all those who may have been granted special concessions or provisions concerning the regulation of telecommunications prior to the application of this Law, especially those subject to the provisions of the aforesaid Law nº 21 of 1998, and the Law of the Qatar Financial Centre by Law nº 7 of 2005, and Law nº 34 of 2005 of Free Zones Investment, and Law nº 36 of 2005 of establishing Free Zone for Science and Technology Park.

Article 3.- Introduction

The provisions of the attached Law shall not apply to:

1.      The content of the video and audio broadcast services which are subject to other statutory provisions.

2.      The content transmitted through IP networks telecommunications.

3.      The wireless devices or terminals which are imported or used by the armed forces, the Ministry of Interior or other security organizations.

Such parties shall abide by registering the data and frequencies of these devices or terminals. Registration shall be free of charge.

Article 4.- Introduction

The concession granted to Qatar Telecom (Qtel) under the aforementioned Law nº 21 of 1998 shall be revoked from the date of enforcing this Law, and all the powers and prerogatives concerning the organization of telecommunications, which were prescribed to Qatar Telecom (Qtel), shall devolve to the Supreme Council. Until a competitor Service Provider who is licensed under the attached Law starts to provide its services to the public, the company shall be committed to pay the annual fee provided for in Article 4 of the aforementioned Law nº 21 of 1998, and to provide the services it is undertaking in accordance with its provisions.

Article 5.- Introduction

Whoever owns operates or manages a Telecommunications Network, or provides telecommunications services in the State, at the enforcement date of this Law, shall operate according to the provisions of the attached law, within six months from the date of its enforcement. The Supreme Council has the power to extend this period.

Article 6.- Introduction

The Board of Directors shall issue the implementing regulation of the attached Law and the Secretary-General shall issue such other regulations, and  the Board of Directors shall also issue the decisions, orders, rules, instructions and circulars necessary to implement the provisions of the attached Law.

Article 7.- Introduction

Any articles contrary to the provisions of the attached Law shall be revoked

Article 8.- Introduction

All competent authorities, each in its jurisdiction, shall implement this decree, which shall be published in the Official Gazette.

Chapter One.- Definitions

 Article 1
In the application of the provisions of this Law, the following words and terms shall have the meanings assigned to them, unless the context otherwise requires:

Supreme Council: The Supreme Council of Telecommunications and Information Technology (I.C.T-Qatar).Board: Board of Directors of the Supreme Council.

Secretariat-General: The Secretariat-General of the Supreme Council.

Secretary-General: The Secretary General of the Supreme Council.

Qtel: Qatar Telecom (Qtel).

Telecommunications: Transmitting, broadcasting or receiving writing, signals, symbols, images, sounds, data, texts or information of any kind, by means of wired or wireless, optical or other electromagnetic means, or by any other means of telecommunications.

Telecommunications Network: Any wired, wireless, or fiber-optic system or
Electromagnetic systems to pass, convert and transfer the Telecommunications services between the endpoints of the network, including terrestrial networks, fixed, mobile and satellite networks and power transmission systems or other systems (to the extent used for Telecommunications), and switch networks with circuit or package (including those used to serve Internet Protocol), and the networks used to provide Broadcasting Services (including cable TV networks).

Radio Telecommunications: Any transmission, broadcasting or receipt of symbols, signals, texts, images, sounds, data, texts or information of any kind through electromagnetic waves in the Frequency Spectrum.

Transmission Service: Broadcasting radio and television programmes to the public free of charge, for payment or on the basis of subscription or any other basis, through the use of any type of Telecommunications Networks.

Terms of Service: General terms and conditions based on which the Service Provider provides the Telecommunications services to customers in accordance with the provisions of this Law.

Universal service: The provision of Telecommunications services to the public in accordance with the policy of Universal Service approved in accordance with the provisions of this Law.

Client: The person subscribing or using Telecommunications services, whether these services are for its own use or for resale.

Service Provider: the person licensed to provide one or more Telecommunications services to the public, or licensed to own, establish or operate a Telecommunications network to provide Telecommunications services to the public. It includes information providers or content provided by the Telecommunications Network.

Dominance: The dominance exercised by any person over the decisions of another person in any way, by enjoying an economic power which creates the authority to behave to a certain extent independently of competitors or customers, either directly through the ownership of shares or bonds, or indirectly through any contracts or agreements.

Dominant Service Provider: The Service Provider who enjoys a strong marketing or Dominance over a market or markets of the Telecommunications services in accordance with the provisions of Chapter IX of this Law.

Strong Position in the Market: The strong economic situation in the market for the Service Provider, which allows him to work independently of customers or competitors, or which allows him Dominance over the market or markets related to Telecommunications services, by working alone or together with others, all in accordance with the provisions of Chapter IX of this Law.

Telecommunications Facilities: Any facility, device, or other item used or which can be used in the transmission of Telecommunications services or in any process directly associated with the transmission of Telecommunications services.

Telecommunications Equipment: The equipment which can be linked directly or indirectly to a Telecommunications Network in order to send, transmit or receive Telecommunications services.

Interconnection: Physical and logical linking of the Telecommunications Networks used by the Service Provider itself or by a number of Service Providers, to enable the agents of the Service Provider to communicate among themselves or with customers belonging to another Service Provider, or enable them access to the services provided by another Service Provider.

Access: Access to Telecommunications Facilities or Telecommunications services between Service Providers, making these facilities, services, or both, available by the Service Provider for use by another Service Provider, according to specific terms and conditions, and on grounds of exclusive or non-exclusive rights to supply Telecommunications services, provided that the Access concept does not include, or will be applied to, the facilities or services for end users.

License: Individual or Class License issued pursuant to the provisions of Chapter III of this Law, or License to use the Frequency Spectrum, according to the provision of Chapter IV of this Law.

Licensee: The person holding a License in accordance with the provisions of this Law.

Individual License: The License granted to a particular person, in accordance with the provisions of Chapter III of this Law.

Class License: The License granted in accordance with the provisions of Chapter III of this Law to a defined group of Service Providers, which applies to any person within this category, without having to request this License.

Permit: Approval granted  for using the frequency or the provision of  Telecommunications service.

Frequency Spectrum: Spectrum of frequency that can be used in wireless Telecommunications according to the versions of the International Telecommunications Union.

License To Use The Frequency Spectrum: A License to use Frequency Spectrum, according to the plan, distributions, allocations and conditions set forth in Chapter IV of this Law.

Internet Protocol: Any set of Telecommunications protocols that define the standards of operational overlap, transmission and related systems within the Internet network, including the Transmission Dominance Protocol (TCP) and the protocol set (TCP/IP).

Frequency Band: Part of the Frequency Spectrum which begins with a frequency and ends with another.

National Plan For Frequency Spectrum: The plan which is prepared for the allocation and use of Frequency Spectrum to the concerned authorities.

Numbering: A pattern of serial numbers which defines a final point in the Telecommunications Network, and includes the information necessary to terminate calls to this final point.

Number Portability: Any service through which the Client can keep any current number without discomfort or any influence on the quality or availability of the service, when changing its position or moving from a Service Provider to another Service Provider.

National Numbering Plan: The plan prepared by the Secretariat-General for determining, allocating and distributing the numbers used in all Telecommunications services, or for any other purpose related to numbering.

International Rules: Any rules, instructions, orders, regulations, recommendations, guidelines, provisions, limitations, terminology, definitions or any other matters provided for in the agreements of the International Telecommunications Union and the Arab Union of Telecommunications, or any other agreements ratified by the State.

Chapter One: The Supreme Council of Telecommunications and Information Technology (I.C.T-Qatar)

Article 2.- Objectives

In addition to the objectives the Supreme Council is charged to achieve in accordance with the provisions of Article 3 of the aforementioned Decree Law nº 36 of 2004, it shall also achieve the following objectives:
  1. Developing the Telecommunications sector in order to promote national, social and economic development.
  1. Improving the performance of the Telecommunications sector in the State, by encouraging competition and promoting reliance on Telecommunications services.
  1. Encouraging the introduction of information technology and advanced and innovative Telecommunications to meet the needs of customers and the public.
  1. Increasing the benefits to customers and protecting their interests.
  1. Encouraging sustainable investment in the Telecommunications sector.
  1. Relying as much as possible on market forces for the protection of the interests of customers and the public.
  1. Determining and addressing non-competitive practices in the Telecommunications sector.
  1. Establishing a fair, objective and transparent licensing system for the Service Providers.
  1. Developing a system that meets the requirements of a fair competitive market through the promotion of Interconnection and related procedures between the Service Providers.
  1. Promoting the right of universal use of Telecommunications services.
  1. Adopting an effective accreditation system for the Telecommunications Equipment.
  1. Maintaining the organization of the Telecommunications sector in line with international norms.
  1. Ensuring the systematic development and regulation of the Telecommunications sector.

Article 3.- The Powers and Functions of the Council

The Board shall assume the following powers and functions:

  1. Granting, modifying, renewing, suspending, revoking and determining the conditions and procedures for issuance of the Individual and Class Licenses.
  2. Determining the fees of the Individual and Class Licenses and the charges for the License To Use The Frequency Spectrum, and any other fees or expenses to be paid by the Service Providers.
  3.  Adopting national plans for the Frequency Spectrum, numbering and adopting the Universal Service policy.

Article 4.- The Powers and Functions of the Secretariat-General

The Secretariat-General shall assume the following powers and functions:
  1. Granting, modifying, renewing, suspending and revoking Class Licenses and Permits and Licenses To Use The Frequency Spectrum, and determining the conditions and procedures for their issuance.
  1. Monitoring the compliance of Licensees with the terms of Licenses and Permits issued to them.
  1. Developing and managing the Frequency Spectrum plan and other scarce resources, ensuring optimal use, and maximizing their revenues to the extent required by International Rules.
  1. Developing and implementing the appropriate measures to prevent Service Providers carrying out anti-competitive practices.
  1. Developing the necessary procedures for the adoption of Telecommunications Equipment or their types that are connected to the Telecommunications Networks in the State, including the accreditation of the equipment that had already been accredited by other organizations or countries.
  1. Drawing up the terms of Interconnection and Access between Service Providers.
  1. Drawing up and managing the National Numbering Plan, and allocating numbers to Service Providers.
  1. Protecting the interests of customers, including the drawing up of rules for tariff regulation and standards of service quality, and monitoring the terms and conditions for providing Telecommunications services.
  1. Implementing any Universal Service program.
  1. Requesting information that will enable them to exercise their powers and perform their functions, including plans for developing the network or services, and financial, technical and statistical information, accounting records and other information.
  1. Verifying compliance with the provisions of this Law and its implementing regulations, and the rules and decisions issued in the implementation procedure.
The Secretariat-General, in order to achieve this, may use the services of specialized agencies, and academic or technical institutions or qualified consultants, to help perform some tasks and functions and cooperate and coordinate with ministries and other government agencies, bodies and public institutions.

Article 5.-  Secretary-General

The Secretary-General shall undertake all the technical, administrative and financial tasks of the Supreme Council as well as issuing regulations, decisions, orders, rules, instructions and circulars related to the organization of the Telecommunications sector, as determined by this Law and its implementing regulations, or as authorized by the Supreme Council.
The Secretary General shall give the Council a detailed annual report on aspects of the activities of the Telecommunications organization sector.

Article 6.-  Transparency and Non-Discrimination

The regulations, decisions, orders, rules, instructions and circulars issued pursuant to this Law must be transparent and non-discriminating between all Service Providers and other participants in the market.
It is not discrimination to take any decisions in accordance with the provisions of this Law and its implementing regulations, which would have a different impact on any Service Providers or any other participant in the market, when it is attributed to the particular circumstances of the aforementioned.
Article 7.- Conflict of Interest
None of the members of the Council, the Secretary-General or the staff of the Supreme Council may have any personal interest, direct or indirect, in the contracts concluded with or for the Supreme Council, the projects carried out, or Permits, works or activities which are issued in accordance with the provisions of this Law, or any other activities that are incompatible with the proper exercise of their responsibilities. In particular, the following shall be deemed prohibited personal interest in the application of the provisions of this Law:
  1. The basic or participatory ownership of any kind of the Telecommunications Network operator, Telecommunications Services Provider, or the manufacturer or supplier of Telecommunications Equipment, provided that he possesses more than five percent (5%) of any class of shares, any ordinary shares or debt securities whose value exceeds that set in any circular issued by the Council.
  2. Material benefit, or basic or participation ownership prohibited in accordance with the above item, which is transferred to any party concerned by virtue of this Article, as a result of a will or inheritance, or which becomes prohibited in accordance with any declaration made by the Board.
Conflict of interest, when realized according to the provision of any of the foregoing items, shall only cease if the material benefit or substantial or participatory ownership is reduced, to the extent set out in this Article, within three months from the date of transfer of the will or inheritance, or by the effective date of the pertinent declaration, as the case may be.
Article 8
All License fees of all kinds, and other fees and costs that the Service Providers shall pay, are from the funds realized by the Supreme Council from exercising its activities, which fall within the components of its financial resources in accordance with the provisions of Article 20 of the aforementioned Decree Law nº 36 of 2004.

Chapter Three.- Telecommunications Licenses

Article 9.- License Requirements

No person may, without a License, exercise any of the following:

  1. The provision of Telecommunications services to the public for a fee, direct or indirect, whether services are provided partly or as a whole. This includes the resale of Telecommunications services that are obtained from third parties, even if the beneficiary of this service is one person.
  2. Owning or operating a Telecommunications Network that is used to provide Telecommunications service to the public for a fee, direct or indirect.
  3.  Owning or operating any other Telecommunications Network.

 

Article 10.- Types of License

Telecommunications Licenses shall be as follows:
  1. Individual Licenses.
  1. Class Licenses.
The Secretariat-General shall publish the instructions that set forth the Telecommunications services and related activities that require Individual or Class Licenses, as determined by the implementing regulations of this Law.
Article 11.- License Provisions and Compliance
The Secretariat-General shall determine the fair and objective terms, conditions, procedures and standards required for the granting and renewal of Telecommunications Licenses in accordance with the provisions of this Law. The Secretary-General shall issue the relevant decisions, directives, orders and circulars, which shall be published in the Official Gazette.
The Secretariat-General shall have the power to monitor the extent of compliance, and scrutinize the Licensees with regard to the terms of their Licenses. The Secretary-General shall implement the work of this Dominance.
The Licensee who has an Individual License may only relinquish it to others with the approval of the Board. Regarding the category Licenses and Licenses To Use The Frequency Spectrum, they may only be waived after the approval of the Secretary-General.

Article 12.- Non-Renewal, Modification, Suspension and Revocation of Licenses

The Council shall, based on the proposal of the Secretary-General, have the right not to renew, modify, suspend or revoke the Individual Licenses. The Secretary-General shall have the same right regarding the Class Licenses, in any of the following circumstances:

  1. Repeated violation of the provisions of the Law, its implementing regulations, rules, decisions, and orders implementing it or any of the terms of the License.
  1. Non-payment of the fees prescribed for the License or for its renewal, or any other financial amount in accordance with the provisions of this Law and its implementing decisions.
  1. Death, or the expiration of a legal licensed person for any reason.
  1. Assignment of the License without the consent of the Council or the Secretary-General.
The Secretariat-General, in the event that the License is not renewed, or is modified, suspended or revoked, shall take appropriate measures to mitigate the negative impact that may ensue on the service and customers.

Chapter Fourth.- Frequency Spectrum

Article 13.- Frequency Spectrum
The Frequency Spectrum shall be a limited natural resource that is owned by the State, and the Supreme Council shall be the body responsible for organizing and managing all affairs relating to its use.

Article 14.- Procedures for the Management of the Frequency Spectrum

The Secretariat-General shall be entrusted with the management, allocation and distribution of frequencies in the Frequency Spectrum, systematically and effectively in accordance with the provisions of this Law and the relevant international norms. To this end, it may perform the following:

  1. Drawing up and maintaining the National Plan For Frequency Spectrum, and managing, distributing and allocating frequencies in accordance with that plan.
  2. Monitoring the implementation of the use of radio frequencies and Frequency Spectrum according to the National Plan For Frequency Spectrum, pertinent distributions and allocations and applicable License terms, and the preparation of the National Register for Frequencies wherein all information relating to frequencies, distribution, allocation and use are recorded.
  3. The formation of and supervision over committees and over any committee or committees existing to coordinate the uses of frequencies, including civil, non-civil and commercial uses. The Secretariat-General may issue the regulations and rules necessary for the establishment and operation of these committees.

 

Article 15.- Licenses To Use The Frequency Spectrum
No person may operate any Telecommunications device or use frequencies until obtaining a License to Use the Frequency Spectrum, or a Permit to use the frequencies.
Article 16.- The Obligations of Licensees Using The Frequency Spectrum
The Licensee shall use the Frequency Spectrum according to the conditions set forth in this Law, its implementing regulations, rules and orders, in accordance with the conditions set forth in the License granted to him.
The Secretariat-General may monitor the use of Frequency Spectrum, detect the use of unlicensed frequencies and verify the commitment of Licensees with the terms of the License.

Article 17.- The Conditions of Non-renewing, Modifying, Suspending or Revoking the  Licenses To Use The Frequency Spectrum

The Secretary-General may not renew, modify, suspend or revoke the issued Licenses to Use the Frequency Spectrum, in any of the following circumstances:

Repeated violation of the provisions of the Law, its implementing regulations, rules, decisions, and orders relating to it or any of the terms set out in the License.

Misusing the licensed frequencies or using them other than for the allocated purposes.

Non-payment of the fees prescribed for the License or for its renewal, or any other financial amount in accordance with the provisions of this Law and its implementing regulations.

Death or the expiration of the legal licensed person for any reason.

Assignment of the License without the consent of the Secretary-General.

The Secretariat-General, in the event that the License to Use the Frequency Spectrum is not renewed, or is modified, suspended or revoked, shall take appropriate measures to mitigate the negative impact that may ensue on the service and customers.

Chapter Five.- Interconnection and Access

 

Article 18.- The Rights, Obligations and Conditions of Interconnection and Access
The Secretariat-General shall determine the rights, obligations and conditions for Interconnection and Access, and shall oversee and monitor compliance.  Each licensed Service Provider shall have the rights and obligations regarding Interconnection and Access as follows:

The right to engage in discussions, on the basis of good faith, with another Service Provider to reach an agreement on Interconnection and Access.

The right to Interconnection and Access to services or facilities of another Service Provider, according to the terms of Interconnection and Access.

The obligations set forth in Article 24 of this Law regarding the Dominant Service Provider for reasons of Interconnection and Access.

Abiding by the rules of Interconnection and Access as provided for in Article 21 of the Law.

The obligation to provide Interconnection and Access to services or facilities of another Service Provider, according to the terms of Interconnection and Access.

 

Article 19.- The Tasks and Duties of the Secretariat-General in the Field of Interconnection and Access
The Secretariat-General shall assume the following tasks and duties in the field of Interconnection and Access:

Promoting the appropriate, effective and low-cost Interconnection between the Telecommunications Networks, and promoting the Access of the Service Providers to the service facilities of the other Service Providers, to ensure the operational continuity of the Telecommunications services which begin or end in the State and to promote the growth of competitive markets for the Telecommunications services.

Establishing an open, transparent and commercially viable organizational structure that aims to facilitate regulatory procedures and eliminates or mitigates the effects of other barriers to entry into the Telecommunications market.

Facilitating negotiation between parties to reach agreements on Interconnection and Access.

Ensuring that the convention on Access and Interconnection meets the requirements of this Law and its implementing regulations and any regulations, rules or orders applicable to Interconnection and Access.

Determining which Service Provider is deemed a Dominant Service Provider in any Telecommunications market regarding Interconnection and Access.

Identifying the additional commitments on Interconnection and Access that apply to the Dominant Service Providers.
The obligations set forth in Articles 20, 22 and 24 of this Law, including those regarding Access to information and technical equipment, and related to requests for Interconnection and Access.

The obligations contained in or attached to the reference offer for Interconnection and which are specified by the Secretariat-General, in the case of a Dominant Service Provider and for the reasons of Interconnection and Access in accordance with the provisions of Article 24 of this Law.

Any obligations or requests for a Dominant Service Provider regarding Interconnection and Access as specified by the Secretariat-General, related to their charges, calculation of costs or the requirements of accounting separation in accordance with the provisions of Articles 24, 25 and 33 of this Law.

 

Article 20.- Interconnection Negotiations
Each Service Provider shall,  on receipt of a written request from another Service Provider for Interconnection or Access, proceed to negotiate in good faith with the applicant in order to reach an agreement on Interconnection or Access for:

1.- Linking their respective networks.

2.- Providing Access to the Telecommunications Facilities including the main offices and other locations of the devices, emergency, towers, columns, lines of Telecommunications and underground facilities, wherever necessary and reasonable to enable the Service Providers to provide the same to their customers.

 

Article 21.- Controls of Interconnection and Access
No Service Provider is obliged to enter into any agreement for Interconnection and Access based on conditions that would, in its reasonable opinion, cause physical damage or harm to any person or property, cause material injury to its network and Telecommunications Facilities or adversely affect the performance of any of them, or the Telecommunications services he is providing, or which are not reasonable in the light of the technical or economic data available.
Article 22.- Breach of the Obligation to Negotiate in Good Faith
The following acts and practices shall be deemed a breach of the obligation to negotiate in good faith on Interconnection and Access:

1.- Hindering or disrupting negotiations or failing to make reasonable efforts to resolve the existing differences.

2.- Refusing to provide data on the services or Telecommunications Networks of the Service Provider or its facilities which are required to arrange Interconnection and Access processes.

3.- Influence in any way the ability of the Service Provider to communicate with the Supreme Council.

4.- Refusing to amend the terms of Interconnection and Access, without reasonable justification to suit the changes in this Law or any regulations, rules or orders.

 

Article 23.- Identification of the Dominant Service Providers
The Secretariat-General may, for purposes of Interconnection or Access, decide to deem any Service Provider as a Dominant Service Provider in one or more Telecommunications markets, according to the competition policy and the principles and procedures set forth in Chapter IX of this Law.
Article 24.- The Obligations of the Dominant Service Provider Regarding
                       Interconnection and Access
In addition to the provisions of Article 20 of this Law, the Dominant Service Provider must respond to any reasonable request for Interconnection and Access to its Telecommunications Network, whenever technically feasible.
In similar circumstances, it must apply the same terms to all Service Providers for obtaining Interconnection or Access.
It must also be committed to provide Interconnection and Access to all Service Providers using the same conditions and quality  with which it provides its own connection services or those which belong to its subsidiaries.
Article 25.- The Rights and Obligations of the Dominant Service Providers
In addition to the provisions of this Chapter, the implementing regulations, rules and instructions issued in this regard shall set forth the rights and obligations of the Dominant Service Providers, including the following:

1.- Any requirements for obtaining prior approval from the Secretariat-General on the prices of Interconnection and Access, on calculating the cost or the accounting separation between the various costs.

2.- Any requirements relating to the preparation of a reference offer and the content of the offer.

3.- Any requirements relating to the deposition and publication of Interconnection and Access agreements.

 

Chapter Six.- Tariff Regulation for the Dominant Service Providers

 

Article 26.- Identification of the Elements of Tariff Offers
The Secretariat-General shall have the authority to define the elements necessary to provide tariff offers, and adopt and disseminate the same with regards to Telecommunications services. It may develop other rules for organizing prices and tariffs, including the application of any programme to restore balance in prices or define their ceilings.
Article 27.- Tariff Regulation for the Dominant Service Providers
The provisions regulating tariffs, as provided for in the following Articles, shall apply to the Service Providers who are classified by the Secretariat-General as Dominant Service Providers in one or more of the markets of Telecommunications service, according to competition policy, and the rules and regulations set forth in Chapter IX of this Law.
Article 28.- Presentation of Tariff Offers and their Pre-Approval
The Dominant Service Providers shall submit to the Secretariat-General tariffs offers, rates and fees for Telecommunications services in the markets where they have been classified as Dominant Service Providers and obtain pre-approval.
The Secretariat-General may exempt the Dominant Service Providers from providing their tariffs and obtaining a prior approval, if it considers that the competitive market forces alone are enough to protect the interests of customers, and the elimination of dangers harmful to competition.
Article 29.- Extra Fees
The tariff of the Telecommunications services provided by the Dominant Service Providers must be based on the cost of providing the service effectively, provided that the tariff does not contain any extra duties resulting from the position of Dominance enjoyed by the Service Provider. The Secretariat-General may issue substantiated resolutions to amend the tariff if it considers it is not commensurate with the cost of providing the service, provided that the ruling declares the new amount.
Article 30.- Approval of the Temporary Tariff
The Secretariat-General may issue an interim decision to adopt any temporary tariff until the completion of its evaluation, and it may amend that decision or make it final or revoked.
Article 31.- Compliance with the Tariff
No Dominant Service Provider may apply or change any tariff, rates, fees or any other payment that violates the tariff approved by the Secretariat-General. Any contrary agreement or arrangement between the Service Provider and any Client shall be prohibited.
Article 32.- Cost Studies
The Secretariat-General, at its expense, may assign any Dominant Service Provider to prepare or participate in a study on the cost of services provided, if the Secretariat-General deems that such a study is necessary to prevent any conduct that is harmful to competition or that is necessary to regulate the tariffs and prices.
Article 33.- Accounting Practices
If the Secretariat-General sees that some accounting practices or accounting separation, between the different types of activities and services, represent an effective and necessary tool to prevent  conduct that is harmful to competition, or to regulate the tariffs and prices, it will be entitled to ask any Dominant Service Provider to adopt such practices or any other accounting practices to determine the cost of its services, including the preparation of cost studies for each type of activity or service, or make an accounting separation between the different types.
Article 34.- National Numbering Plan
The Secretariat-General shall develop and maintain a National Numbering Plan and shall manage the distribution and allocation of numbers, E-addresses, capabilities and associated resources and control their use in accordance with the terms of Licenses, and take action to enforce compliance.  The National Numbering Plan must be in accordance with the International Rules. The Service Providers must ensure that the allocation, distribution and use of numbers and email addresses given to them, and related capabilities and resources, are compatible with the National Numbering Plan, regulations, orders, rules and declarations related to them.
Article 35.- Practicing Numbering
The distribution and allocation of numbers shall not gain any proprietary rights or private rights other than the right of use for the Service Provider or its customers, whether the distribution or allocation is in return for or without charge. The Secretariat-General may, where appropriate, re-distribute and allocate the numbers to the Service Providers. Furthermore, any Service Provider may change the number assigned to any customer on reasonable grounds and in accordance with the orders, decisions and circulars issued by the Secretariat-General in this regard. In the cases where the customer has obtained the number for a charge, the Service Provider shall be obliged to refund or compensate it fairly. The Secretariat-General may issue the orders, rules, decisions and circulars governing the distribution and allocation of numbers and re-distribution or allocation of the same, including the rules governing the collection of any fee or charge for  receiving those numbers.
Article 36.- Plans for the Application of Number Portability and Selection of Service Providers
The Secretariat-General, after consulting the concerned Service Providers and relevant parties, may issue the necessary decisions on the development of a plan for Number Portability and Service Provider selection. The development plan must include the Service Providers’ obligations in the operational and financial aspects of the facilities and systems necessary to implement this plan.

Chapter Eight.- Universal Service Policy

 

Article 37.- Application of Universal Service Policy
The Secretariat-General shall be responsible for the application of any Universal Service policy, including the following:

1.- Definition of the rights and duties of the Service Providers in the application of Universal Service initiatives.

2.- Identification of means of funding for any Universal Service initiatives.

 

Article 38.- The Obligation of the Service Provider to Provide Universal Service
Service Providers shall comply with the regulations, decisions and orders issued by the Secretariat-General to implement the Universal Service, including the obligations related to funding.
Article 39.- Universal Service Fund
The Council, after the adoption of the Universal Service policy, may establish a fund called the Universal Service Fund to support the costs of providing Universal Service. A decision shall be issued by the Secretary-General for regulating the fund, defining its powers, its procedures of payment and the Service Providers’ obligations to contribute to it.

Chapter Nine.- Competition Policy

Article 40.- Development and Application of Competition Policy
The Secretariat-General shall develop and apply the competition policy and the related regulations in the Telecommunications sector and in the Telecommunications markets defined in the State. To this end, it shall do the following:

1.- Review the state of competition in the Telecommunications markets in the State, exercise its powers, functions and authorities to promote competition in the provision of Telecommunications services.

2.- Update the competition policy and its related regulations to reflect the state of competition in those markets, provided that the aim  of relying on market forces is  consistent with protecting the interests of the customers and the public.

3.- Determine the criteria to be applied in the classification of Service Providers who have a Strong Position in the Market or who enjoy a Dominant position in specific Telecommunications markets, and the application of that criteria in any classification process.

4.- Control and prevent the misuse of the market power or Dominant position and anti-competitive practices, as defined under this Law.

5.- Determine the appropriate procedures and arrangements to address the misuse of market power and behavior specified as non-competitive, and apply the same to promote competition and to protect the interests of customers and the public.

Article 41.- The Prohibition of Anti-Competitive Practices
Service providers shall be prohibited from exercising non-competitive practices. Service providers who are classified as enjoying a Strong Position in the Market, or who are Dominant in a market or several markets of Telecommunications in the State, shall undertake not to abuse their market power or Dominance in those markets or anything related to them. The Secretariat-General may determine whether the conduct of any of the Service Providers constitutes an abuse of the market power, or an abuse of Dominance, or any other non-competitive practice. If the Secretariat-General decides that abuse has occurred it may take such action as it sees fit.
Article 42.- Categories of Strong Position in the Market
The Secretariat-General shall classify the Service Providers and determine the extent of the strong or Dominant position they enjoy in the market. Before classification, it shall do the following:

1.- Identify the markets of the relevant products and services, including the geographical area or region.

2.- Determine the criteria and methodology to be applied in determining the degree of market power, or the other standards of the Strong Position in the Market or Dominance in the relevant markets.

3.- Undertake an analysis of the markets of relevant products and services through the application of the relevant criteria and methodology.

The decisions that classify the Service Providers as having a Strong Position in the Market or Dominance shall define the markets of relevant products and services, the standards, and the methodology and circumstances relied upon to justify this classification. The Secretariat-General may consult the Service Providers, customers or any of the other stakeholders when identifying any market, analyzing or classifying the market forces in accordance with the provisions of this Article. The implementing regulations, other regulations, rules and issued orders shall define the standards, methodologies and processes for the classification of market forces.
Article 43.- Abuse of Dominance
Dominant Service Providers are prohibited to engage in activities or acts that constitute an abuse of dominance. The following acts and activities, in particular, shall be considered as abuse of dominance:
1- Failure to supply Interconnection or Access services or facilities to other service providers within a reasonable period of time from the time requests for such services had been presented. Excluded are cases when failure to supply any of such services is justified;
2- Failure to supply Interconnection or Access related services or facilities to other service providers on the same terms the service provider provides such services and facilities to its own facilities or those of its subsidiaries or affiliates. Excluded are the cases where the differences in the terms of services are justified;
3- Bundling up a number of telecommunications services in one package so that a competitor service provider has to obtain such package as a pre-requite for providing any of such services from Dominant Service Provider;
4- Providing an offer on more preferential terms and conditions and in a manner not based on differences in costs where a competing service provider is to acquires a service that is not required of him;
5- Monopolising the use of scarce facilities or resources of exclusive use, with the effect of denying a competing service provider from using such facilities or resources or from enjoying its right of Access.
6- Supplying competitive telecommunications services at prices below long-term incremental costs or any other cost criteria specified by the General Secretariat;
7- Using revenues or transferring a part of the cost of a specific telecommunications service to subsidise another telecommunications service supplied by same service provider, except where such subsidy is approved by the General Secretariat;
8- Failure to meet Interconnection service obligations;
9- Performing any acts that have the effect of substantially reducing competition in any telecommunications market, in particular any of the following acts:
a. reducing the margin of profit available to a competitor that requires a set of telecommunications services from Dominant Service Provider;
b. agreeing with a supplier not to sell to a competitor;
c. adopting technical specifications for networks or systems for the purposes of preventing interconnection or interoperability with a network or system of a competing service provider;
d. failure to make available within an appropriate period of time technical specifications, and information about essential telecommunications facilities or services or other related commercial information which are required by other service providers to provide telecommunications services; and
e. the use by Dominant Service Providers of information related to interconnection or other telecommunications facilities or services provided by competing service providers with the purposes of competing with them.
Article 44.- The Prohibition of Unjustified Discrimination
The Dominant Service Providers shall provide the conditions and quality of a standard service for all customers, including the tariff fee. The Secretariat-General may  decide otherwise if differing conditions were justified objectively based on a difference in the conditions of service supply, including the various costs, traffic volumes or the lack of available facilities or resources. This shall be applied  to customers who receive service for resale to their own customers and end-users. The Dominant Service Provider shall submit to the Secretariat-General sufficient justification for the existence of any discrimination, and must cease discrimination when receiving a notification from the Secretariat-General.
Article 45.- Other Non-Competitive Practices
No person shall participate in any practices that prevent competition or lead to a drop in the Telecommunications markets, in particular, the agreement between two or more Service Providers to determine the rates and conditions of service in the Telecommunications markets, distribution of employment opportunities and contracts, or sharing of Telecommunications markets among them.
Article 46.- Treatment of Non-Competitive Practices
If the Service Provider carries out non-competitive practices or the Dominant Service Provider abuses its Dominance, the Secretariat-General may issue any decisions to remedy anti-competitive practices or abuse of Dominance, and is entitled to do the following:
  1. Oblige the persons concerned to stop the work or activity that causes this practice, or make specific changes in the work or activity to eliminate or mitigate its negative impact on competition.
  2. Oblige the concerned Service Providers to submit periodic reports to the Secretariat-General to determine the extent of their adherence to its decisions.
  3. Refer the violator to the prosecution authority with a view to initiating criminal proceedings.

 

Article 47.- The Powers of the Secretariat-General in the Transfer of Dominance
The Secretariat-General shall review the proposals for the transfer of Dominance over the Service Providers. The Secretariat-General, upon reviewing the proposals for the transfer of Dominance, shall have the right to approve the transfer, grant conditional approval or reject the transfer. When deciding to approve the transfer, grant conditional approval, or reject, the Secretariat-General shall take into account the effects of the proposed transfer on the Telecommunications markets in the State, particularly its effects on competition in those markets and the related interests of customers and the public.

Chapter Ten.-  Consumer Protection

Article 48.- Preparation and Development of Consumer Protection Policy
The Secretariat-General shall prepare a policy for consumer protection in accordance with this Law, or any other related laws.

Article 49.- The Application of Consumer Protection Policy

When applying the consumer protection policy, the Secretariat-General shall carry out the following powers:

  1. Control the conditions of service between the Service Providers and customers.
  2. Determine and develop the applied standards of the quality of the service.
  3. Follow up and prevent abusive and misleading trade practices.
  4. Ensure the availability of effective procedures to resolve customer disputes.
  5. Review the conditions of competition in any markets for Telecommunications services that are determined by the State, review and update the consumer protection policy and related regulations to reflect the state of competition in those markets with the purpose of relying on market forces to protect the interests of customers. The Service Providers must abide by the rules, conditions, standards and practices relating to the policy of consumer protection.

 

Article 50.- Consumer Protection Regulations

The Secretariat-General shall determine the rules that regulate the drawing-up, development and application of the consumer protection policy, in the following matters:

  1. The practice of Service Providers regarding the issuance of invoices and retention of documents and papers relating to the services provided.
  2. The Terms of Service delivery, its adoption, publication and posting.
  3. The procedures for Service Providers to resolve disputes and complaints of the customers.
  4. The provision of telephone directories, directory services and service centres.
  5. The exploitation of Telecommunications services in the promotion of products and other goods.
  6. The requirements of service quality, quality control and quality compliance.
  7. Access to the Clients’ premises and property.
  8. The responsibility of Service Providers for the services and mandates they provide, and the limits of that responsibility.

 

Article 51.- Fair Practices
The Service Provider must provide the Client, before its subscription to the service, or before assuming any commercial obligations towards the Service Provider, with the Terms of Service and any other terms and conditions and all tariffs, prices and costs applicable to any Telecommunications service. The Service Providers may impose on the Client only the service fee specified for the selected Telecommunications, or the fee specified for Telecommunications Equipment requested by the Client. The Client shall not be responsible for paying any fee for any service or equipment for communications it did not request.

Article 52.- Protection of Customer Information

The Service Providers in managing their networks, facilities and related systems, shall take into account the rights of privacy of the Client. It is their responsibility to maintain the information and data of the Client and the Telecommunications in their possession, and they shall provide adequate protection for the same. The Service Provider may not collect, use, retain or announce any information of any customer except with its consent or as permitted by Law. The Service Providers must ensure that the information submitted is accurate, complete and valid for the purpose of use.
The customers shall have the right to request correction or deletion of any information relating to them. Nothing in the provisions of this Article shall prevent the relevant authorities from obtaining any confidential information or communications relating to the customers in accordance with this Law.

Chapter Eleven.- Access to property

 

Article 53.- Access Procedures
The Secretariat-General shall develop the rules necessary to facilitate Access to private and public property, in order to install, operate and maintain the Telecommunications Facilities according to the provisions of this Law in coordination with the relevant authorities.

Chapter Twelve.- Accreditation of the Criteria for Telecommunications Equipment

 

Article 54.- Definition and Accreditation of the Criteria for Telecommunications Equipment
The Secretariat-General shall define the technical standards and specifications for the Telecommunications Equipment, their types, accreditation requirements and the procedures to be applied to those standards and specifications, according to the provisions of this Law, and any other relevant Laws.
Article 55.- The compliance of the Service Providers and Suppliers with the
Telecommunications Equipment Standards and Accreditation and          Certification Requirements
The Service Providers and suppliers of Telecommunications Equipment shall undertake that all the Telecommunications Equipment used, imported, manufactured or supplied in any way for use in the State shall be consistent with the standards of equipment, International Rules, and certification requirements established by the Secretariat-General
Article 56.- Definition of Equipment Standards
The Secretariat-General, in exercising its powers regarding the definition and accreditation of equipment standards and adoption, shall carry out the following:
  1. Set forth the technical standards or specifications for the Telecommunications Equipment or their types.
  2. Define the technical standards or specifications for the Telecommunications Equipment or their types which are set by the other authorities or bodies concerned with standards, in order to be approved and adopted in the State.
  3. Create or identify the test systems and facilities to accredit the use of Telecommunications Equipment or their types.
  4. Identify the appropriate international and regional regulations or testing facilities for the accreditation of Telecommunications Equipment or their types and approval of the use.
  5. Approve the accreditation of other certifications of Telecommunications Equipment by the other competent authorities or bodies, and consider the same as sufficient for using this equipment, in accordance with the International Rules.
The Secretariat-General may, whenever it is necessary to avoid any damage or interference with the work of Telecommunications Networks, issue an order prohibiting the manufacture, import or use of certain Telecommunications Equipment or their types.  The Secretariat-General shall ensure that the technical standards and specifications and the requirements for mandatory accreditation are compatible with the approved technical requirements for the electrical equipment, wireless Telecommunications devices and products designed for use in the State.
Article 57.- Management of Criteria
The Secretariat-General shall keep records of accredited and prohibited Telecommunications Equipment. It shall make one or more declaration indicating the applicable standards and specifications required and the bodies responsible for test and measurement, the foundations for issuing the certification, accreditation of Telecommunications Equipment or their types and the adopted procedures and practices
Article 58.- Telecommunications Equipment Used before Enforcing the Law
The Telecommunications Equipment approved before enforcing the provisions of this Law, installed or connected to a public Telecommunications Network, shall be certified and approved for use in the State, unless the Secretariat-General has decided that they interfere with the work of any Telecommunications Network, equipment or facilities, or pose a public danger.

Chapter Thirteen.- National security and cases of public emergency

 

Article 59.- The Obligations of Service Providers
The Service Providers must comply with the requirements of the security authorities in the country especially with the requirements of maintaining national security and adhere to the guidance of government agencies in cases of public emergency. They must also observe the implementation of the orders and instructions issued by the Secretariat-General on the development of a service network or mechanism to meet those requirements.
Article 60.- Compensation and Recovery of Expenses
The Service Providers may request and recover any expenses resulting from the execution of orders and directives issued in accordance with the provisions of the preceding Article. Such a claim may not be based on loss of income, expenses, or indirect damages resulting from any period of suspension of service.

Chapter Fourteen.-  Settlement of Disputes

 

Article 61.- Settlement of Disputes by the Secretariat-General
The Secretariat-General shall settle the disputes that arise among the Service Providers and between them and others. The decision issued by the Secretariat-General regarding the dispute shall be final and enforceable. No case regarding the dispute may be accepted until a decision is issued by the Secretariat-General or until the passage of sixty days from the date of it being submitted, whichever is earlier. The implementing regulations shall govern the rules and procedures related to the dispute.

Chapter Fifteen.- The Authority to Inspect, Verify and Control

 

Article 62.- Provision of Information
The Secretariat-General may request the Service Providers or others to supply information necessary for the exercise of its powers. The information must be provided in the form, manner and time determined by the Secretariat-General. Any person required to provide information shall inform the Secretariat-General of any reasons which prevent this, and may request that the information provided may not be disclosed, in whole or part, because of its commercial nature or confidentiality.
Article 63.- The Authority to Inspect, Verify and Control
The employees of the Supreme Council, who shall be invested with the power of judicial control based on a decision from the prosecutor in agreement with the President of the Council, shall have the power to investigate and prosecute the crimes committed in violation of the provisions of this Law. They will have the authority to enter relevant places and have Access to records and documents, as well as checking equipment and Telecommunications systems and any other related things and requesting the data and clarifications they deem necessary.

Chapter Sixteen.- Offences and Sanctions

 

Article 64

 Without prejudice to any severer penalty provided for in any other law, the offences set forth in the following Articles shall be punished based on the penalties indicated.
Article 65
Whoever intentionally causes the disruption of Telecommunications or intentionally damages for this purpose some of the buildings or facilities allocated to the Telecommunications Networks, infrastructure or their Telecommunications lines, or makes all or part of them unfit for use shall be punished with imprisonment for not less than one year and not more than five years and with a fine of not less than fifty thousand (50,000) Riyals and not more than 500,000(five hundred thousand) Riyals.  If any of the acts referred to in the preceding paragraph are as a result of negligence or lack of precaution, the punishment shall be imprisonment for not more than three months and a fine of not more than fifty thousand (50,000 ) Riyals, or either one of the penalties. In all cases, the court shall compel the person who committed such act(s) to pay the value of the damage, or the cost of restoration, without prejudice to the right to compensation, if required.
Article 66
Whoever intentionally commits one of the following acts shall be punished with imprisonment for a period not exceeding one year and with a fine not exceeding fifty thousand (50,000 ) Riyals, or with either of the penalties:
  1. Using one of the Telecommunications Facilities or obtaining one of its services without payment of the costs prescribed.
  2. Accessing a Telecommunications Network or facility or a system associated with it by penetrating the security measures with the purpose of obtaining data or Telecommunications service.
  3. Wiretapping Telecommunications not intended for the public with technical means, intercepting radio waves which are intended for others, interfering with radio waves which are intended for others or other purposes which are contrary to this Law.
  4. Causing damage to, repealing, intercepting, altering or discontinuing the work of any Telecommunications Network or tool, or tampering with it in any way.
  5. Possessing, producing, selling or providing for the purpose of usage or importation, or distributing or providing a device in any other way, or password in the computer, Access code or any similar data that allows Access to a facility or network from Telecommunications, or a system linked with it, with the intent of committing any of the crimes provided in the previous four items of this Article.
  6. Using or allowing the use of a Telecommunications Network with the purpose of the disturbance, excitement or abuse of any person.
  7. Using any Telecommunications service or facility in a manner that leads to a violation of the provisions of this Law or other laws.

 

Article 67

Whoever violates a provision in any of Article 9, paragraph 3 of Article 11, and Articles 15 and 16 of this Law or violates any of the licensing or Permit conditions shall be punished with imprisonment for a period not exceeding one year and with a fine not exceeding one million) (1,000,000) Riyals.

 

Article 68

Whoever commits, without obtaining a License, one of the following acts shall be punished with imprisonment for a period not exceeding one year and with a fine that not exceeding twenty thousand (20,000) Riyals:
  1. Importing or manufacturing one of the of Telecommunications devices with the purpose of marketing the same.
  2. Acquiring, installing or operating any wireless Telecommunications devices.
Punishment shall be imprisonment for not less than two years and not exceeding five years if the import or manufacturing or acquisition is for the purpose of violating national security. The court shall in all cases order the confiscation of the equipment and devices used in committing the crime.
Article 69
Whoever, while performing its duty in the field of Telecommunications or as a result of the same, commits one of the following acts shall be punished with imprisonment for a period not exceeding one year and a fine not exceeding 100,000 (one hundred thousand) Riyals, or with either penalty:
  1. Disclosing, publishing or broadcasting any information about an institution operating in the field of Telecommunications where this would lead to unfair competition between the establishments operating in this area.
  2. Disclosing, publishing, broadcasting or recording the content of a Telecommunications message or part thereof without a legal basis.
  3. Hiding, changing, hindering or modifying any Telecommunications message or any part thereof that might have reached that person.
Disclosing any information concerning the users of Telecommunications Networks or concerning their outgoing or incoming Telecommunications, without a legal basis.
Article 70
Whoever violates any of the provision of Articles 18(4)#(8) and Articles 22, 24, 28, 31, the last paragraph of Article 34, Articles 38, 41, 43, 44, 45, the last paragraph of Article 49, and Articles 51, 52, 55, 59 and 62 of this Law shall be punished with imprisonment for a period not exceeding two years and with a fine not exceeding 100,000 (one hundred thousand) Riyals or either punishment.
Article 71
Whoever, being responsible for the actual management of the violator shall be punished with the same penalties prescribed for the acts committed in violation of the provisions of this Law if it is proved that the same were committed with his knowledge, or if his breach of the duties imposed by that management has contributed to the crime.
Article 72
The penalty shall be doubled in the case of recurrence. Any of the crimes specified in this Law committed within three years from the date of implementing the penalty preceding it shall be deemed recurrent.
10Jul/17

Decision of the Board of The Supreme Council for Information and Communication Technology nº 1 of 2009 on the promulgation of the Executive By-Law for the Telecommunications Law

Decisión, Qatar, , ,

Decision of the Board of The Supreme Council for Information and Communication Technology nº 1 of 2009 on the promulgation of the Executive By-Law for the Telecommunications Law

The Board,

Having perused the Telecommunications Law issued by Decree Law nº 34 of 2006;

Emiri Decision nº 29 of  1996 regarding the decisions of the Council of Ministers that are submitted to The Emir for certification and promulgation, and

The Council of Ministers’ approval of the draft of this Decision in its ordinary meeting nº 24 of 2008 held on 2/7/2008;

Have decided the following:

Article 1.- Introduction

The By-Law for the Telecommunications Law enclosed with this Decision, shall be effective.

Article 2.- Introduction

All competent authorities, each within its own competence, shall implement this decision which shall come into force on date of publication in the Official Gazette.

Tamim Bin Hamad Al-Thani
The Chairman of the Board

The Supreme Council for Information and Communication Technology
Issued on: 2/7/1430 A.H.
Corresponding to: 25/6/2009 A.D.

THE TELECOMMUNICATIONS BY-LAW

Chapter One.- Definitions and General Provisions

Article (1)
For implementation of this By-Law, the following terms and expressions shall have the meanings assigned to them, unless the context requires otherwise:

Supreme Council: The Supreme Council of Information and Communication Technology “ictQATAR.”

Board: The Board of the Supreme Council.

General Secretariat: the General Secretariat of the Supreme Council.

Law: The Telecommunications Law issued by Decree Law nº 34 of 2006.

By-Law: The Executive By-Law of the Telecommunications Law.

Person: a natural or juridical person of any type or form.

Access: access to any telecommunications network, telecommunications facilities or telecommunications services between Service Providers which makes facilities, services or both facilities and services available by one Service Provider to another Service Provider, under defined terms and conditions, on either an exclusive or non-exclusive basis, for the purpose of providing telecommunications services. It includes access to network elements and associated facilities, the connection of equipment, and in particular includes access to the local loop and to facilities and services necessary to provide services over the local loop, access to physical infrastructure including buildings, ducts and masts, access to relevant
software systems including operational support systems, access to number translation or systems offering equivalent functionality, access to fixed and mobile networks for roaming and access to conditional access systems for digital broadcasting services; but does not include access to facilities or services by end-user customers.

Control: the power of a Person to exercise decisive influence over, or to determine the actions of another Person in any manner, whether directly through the ownership of shares, stocks or other securities or voting rights, or indirectly through an agreement or arrangement of any type. Many factors shall be taken into consideration in determining Control including any Person that owns or has at its disposal, directly or indirectly, at least 10% of voting rights in another Person shall be deemed to be in control of such other Person.

Customer: subscriber, user or consumer of telecommunications services, whether an individual, corporation, governmental body or any other public or private legal entity and regardless of whether the services are acquired for the customer’s own use or for resale.

License: The permission issued by the Board or the General Secretariat to an individual or class of individuals to own or operate a telecommunications network, provide telecommunications services, or use radio frequency spectrum and it does not constitute a contract or bilateral agreement.

Significant Market Power: a position of an economic strength of a service provider in the market that permits it to act independently of customers or competitors, or to dominate one or more identified telecommunications service markets, through acting either individually or jointly with others, in accordance with the provisions of chapter nine of the Law and in accordance with chapter eight of this By-Law. Also referred to as “SMP”.

Telecommunications Equipment: equipment capable of being connected directly or indirectly to a telecommunications network in order to send, transmit or receive telecommunications services, and includes radio-communications equipment.

Affiliate or Affiliated Person: any natural or juridical person that directly or indirectly, is related to, is controlled by, or is under common control with another person.

Allocation of radio spectrum: entry in the national frequency allocation table, prepared by the General Secretariat pursuant to this By-Law, of a given frequency band for the purpose of its use by one or more terrestrial or space radio-communications services or the radio astronomy service under specified conditions.

Assignment of a radio frequency or radio frequency channel: authorization given by the General Secretariat pursuant to this By-Law for a radio station to use a radio frequency or radio frequency channel under specified conditions.

Information Request: an order issued by the General Secretariat requiring the provision of specified information, including original documents or copies of the same, pursuant to the Law or this By-Law.

Tariff: any statement of prices, rates, charges or any other compensation including related  service descriptions or terms and conditions such as rebates, waivers or discounts offered by a Service Provider regarding any of its services.

Telecommunications Service: any form of transmission, emission or reception of signs, signals, writing, text, images, sounds or other intelligence provided by means of a telecommunications network to a third party.

Article (2)

The Board may issue amendments to this By-Law as it deems appropriate after following the procedures set out by law.

Article (3)

Licensees and Service Providers shall comply with the Law, this By-Law, the terms and conditions of their respective Licenses, and all regulations, decisions, orders, rules, and notices issued thereunder.

Article (4)

The Secretary General shall issue other regulations, decisions, rules, orders, instructions and notices for the implementation of the provisions of the Law and this By-Law.

Article (5)

The General Secretariat shall carry out the powers and authorities stipulated in the Law and this By-Law.

Article (6)

The General Secretariat shall take measures, actions and decisions, as it deems appropriate, to ensure that Licensees and Service Providers comply with the provisions of the Law, this ByLaw and the provisions of the Licenses, or to remedy their breaches.

Chapter Two.- Telecommunications Licenses

Article (7)

Individual Licenses shall be in writing, and the General Secretariat shall make copies of them available on the Supreme Council’s official website, in addition to paper copies available for inspection by the public and it may exclude from published copies of Individual Licenses any information that it determines is confidential or commercially sensitive.

Article (8)

The licensing criteria, procedures and the basic terms and conditions of the Individual License shall be published on the official website of the Supreme Council. The form of Class License and the scope of licensed activities shall also be published on the official website of the Supreme Council. In all cases, the publication shall contain the period of time expected to reach a decision concerning an application for a License.

Article (9)

The General Secretariat shall establish the terms and conditions of granting Individual Licenses on a case by case basis and the terms and conditions of granting Class Licenses.

Article (10)

In determining whether Telecommunications Networks and Telecommunications Services should be subject to an Individual License, the following general criteria shall be taken into account:

(1) whether the Telecommunications Services are provided to the public, directly or indirectly, or to another Individual Licensee in return for a direct or indirect fee.

(2) whether the owners or operators of a Telecommunications Network or
Telecommunications Facility use the network or facility to provide services to the public, directly or indirectly, or to another Individual Licensee in return for a direct or indirect fee.

(3) any other criteria that the Supreme Council considers relevant for the efficient and effective administration of the licensing process and supervision of compliance by Licensees.

Article (11)

Class Licenses will generally be issued to authorize more than one person of the same class to provide Telecommunications Services or own or operate Telecommunications Networks or Telecommunications Facilities in cases where Individual Licenses are not issued.

Article (12)

The General Secretariat may issue regulations or instructions containing further requirements for applicants for Individual and Class Licenses and service providers in order to provide clarification of services, telecommunications and related activities that require an Individual
or Class License.

Article (13)

An Individual License will not be deemed to be assigned by contract or for any other reason, without the prior approval of the Board.

If a Licensee wishes to assign its Individual License to another person, the Licensee shall deliver to the General Secretariat a written notification of the intended transaction and the written notification shall be given without delay, within a period not less than sixty (60) days prior to the intended completion date of the transaction. The written notification shall with sufficient clarity identify the parties to the transaction, including their respective Affiliates,
and shall state the nature of the transaction, including the intended completion date in order for the General Secretariat to review the proposed assignment. The Licensee shall provide information, and comply with the procedural requirements, as specified by the General Secretariat.

The term “Assignment” shall include, without limitation, a transfer of the Individual License or a change of control of a Licensee.

The Board shall determine whether to approve such assignment or not within thirty (30) days from the date of receiving the request, unless the review requires a longer period, the term of which shall be specified by the General Secretariat before expiry of the initial 30 day period.

In the event that the assignment involves an assignment of radio spectrum or a transfer of control, the General Secretariat shall also follow a coordinated procedure with respect to its review it in accordance with this Article and Articles (32), (33), (77), (78), (79), (80), (81), (82), (83), (84) and (85) of this By-Law.

The Licensee will have 180 days to consummate the proposed assignment from the date of approval by Board and notify the General Secretariat of its completion. The General Secretariat may approve one or more extensions to the above-mentioned period upon request of the Licensee.

Article (14)

The Board may amend Individual Licenses and the General Secretariat may amend Class Licenses in one of the following cases:

(1) in accordance with the Law, this By-Law, rules, regulations or the applicable License terms and conditions.

(2) following changes to international treaties or any other applicable laws that require an amendment.

(3) where an amendment has been requested or agreed to by the Licensee.

(4) the Licensee have committed repeated violations of the provisions of the Law, this By-Law, regulations, orders, decisions of the Board or the General Secretariat, or License terms.

Article (15)

The Board may suspend, revoke or refuse to renew Individual Licenses and the General Secretariat may suspend, revoke or refuse to renew Class Licenses in one of the following cases:

(1) in accordance with the Law, this By-Law, and the applicable License terms and conditions.

(2) the Licensee have committed repeated violations of the provisions of the Law, this By-Law, regulations, orders or decisions issued by the Board or the General Secretariat, or License terms.

(3) non-payment of fees specified for the License or its renewal or any other financial amount pursuant to the provisions of the Law or this By-Law.

(4) The death of a natural person or the dissolution of a juridical person for any ground specified by law.

(5) The Individual Licensee assigned the Individual License without the approval of the Board or the Class Licensee assigned the Class license without the approval of the Secretary General.

Article (16)

Prior to amendment, suspension, revocation or non-renewal of an Individual License by the Board, pursuant to the preceding two Articles, the General Secretariat shall notify the Licensee of this in order for the Licensee to submit its comments and the General Secretariat shall comply with the following:

(1) shall give the Licensee sufficient time to prepare comments on the intended action.

(2) shall set out any procedures the Board may use in further consideration of the action.

(3) request comments from other interested parties or the general public, when necessary.

(4) study the comments received.

Article (17)

If the Board amends an Individual License, it shall provide the Licensee with a reasonable amount of time as determined by the Board to implement any changes needed to comply with the amendment.

Article (18)

The Board shall not suspend or revoke or refuse to renew an Individual License without giving the Licensee a reasonable amount of time, as determined by the Board, to remedy any breach or reason that is the basis for the suspension, revocation or refusal to renew, unless proven that the breach or the reason still continues after receipt by the Licensee of one or more written warnings issued by the General Secretariat ordering the Licensee to remedy same.

Article (19)
Where a License is amended, suspended, revoked or not renewed, the General Secretariat shall take measures to ensure the continuity of service to customers and include in its orders in this regard terms and conditions as it deems appropriate.

Article (20)

The General Secretariat may issue regulations, rules or orders containing further procedures related to the amendment, revocation, suspension or non-renewal of a License.

Article (21)

The term of a License shall be stated in the License. Upon request by the Licensee, a License may be renewed by the Board or the General Secretariat on the same conditions or on the basis of new conditions, subject to the applicable License terms, regulations and decisions issued by the Supreme Council in this regard.

Article (22)

The Board shall determinate the License fees, any other fees, remuneration or charges and the General Secretariat shall issue in this regard, from time to time, regulations, decisions and orders regulating this matter.

Article (23)

The regulations, decisions and orders issued in accordance with the preceding Article shall contain the following:

(1) the entity which the fees and charges are to be paid to.

(2) fees and charges may be based on a percentage or proportion of the revenues of Licensees.

(3) fees and charges payable under the Law and this By-Law as set by the Board are in addition to any other fees or charges that must be paid by Service Providers in connection with their operations or commercial activities.

(4) the totality of fees applied to each Licensee and to the sector as a whole pursuant to the Law, and the impact on Licensees and end users shall be considered in the light of the objectives stated in paragraphs (1), (2) and (3) of Article (2) of the Law.

Chapter Three.- Radio Spectrum Management

Article (24)

In relation to radio spectrum management, the General Secretariat shall:

(1) prepare and publish a national frequency assignment plan for the spectrum allocated to the telecommunications sector and to promote the optimal and most efficient use of radio spectrum, and assign radio spectrum in accordance with that plan.

(2) prepare and publish a national frequency allocation table identifying all radio spectrum allocations.

(3) ensure that the use of radio spectrum is consistent with the national frequency assignment plan, related allocations and assignments, any applicable international treaties, commitments, protocols and standards and Radio Spectrum License conditions, including taking related compliance and enforcement actions.

(4) ensure the best and most efficient use of radio spectrum in accordance with international best practice in order to promote the objectives identified in Article (2) of the Law.

(5) determine, allocate, and assign, and re-allocate or re-assign, radio frequencies and frequency bands and channel assignments, and issue Radio Spectrum Licenses or radio frequency Authorizations, in accordance with the national frequency assignment plan.

(6) advise the Council of Ministers and government agencies on matters specifically referred to the Supreme Council relating to the use or management of radio spectrum.

(7) regulate matters related to radio spectrum fees.

(8) conduct public inquiries relating to the use or management of radio spectrum as it deems appropriate.

(9) mediate, resolve and manage interference disputes, where such disputes are not resolved by the disputing parties to the satisfaction of the General Secretariat.

(10) issue regulations, rules, orders or notices relating to the use of radio spectrum as the General Secretariat deems appropriate.

(11) determine any other matters relating to the transmission of radio-communications whether by satellite, terrestrial or other transmissions.

(12) perform such other radio spectrum-related functions as are conferred on the Supreme Council by other applicable laws or regulations.

Article (25)

The General Secretariat shall issue Radio Spectrum Licenses in writing and shall refer to the Licenses in the national frequency assignment plan available on the Supreme Council’s website.

Article (26)

The General Secretariat shall develop a regulation to implement an efficient approach to management of the radio spectrum in the State of Qatar. This regulation shall include in particular the following:

(1) specify the procedures, conditions and restrictions relating to the operation of the radio spectrum and radio-communications equipment, including the use of radio spectrum and operation of radio-communications equipment without authorization.

(2) specify the requirements for Radio Spectrum Licenses in respect of the operation of the radio spectrum.

(3) specify the requirements for any other authorization for the use of radiocommunications equipment.

(4) specify the technical requirements and standards in relation to radio-communications equipment, interference-causing equipment and radio-sensitive equipment.

Article (27)

All service providers utilising radio spectrum or radio-communications equipment in the State of Qatar shall comply with the regulation mentioned in the preceding Article.

Article (28)

Applications for Radio Spectrum Licenses shall be submitted separately from applications for Licenses to provide Telecommunications Networks and Services. The General Secretariat may from time to time publish procedures of general or specific applicability to facilitate the simultaneous review of Individual Licenses with associated applications for Radio Spectrum
Licenses.

Article (29)

The General Secretariat shall grant the Radio Spectrum Licenses or Authorizations in accordance with the national frequency assignment plan.

Article (30)

In all circumstances where a Radio Spectrum License or Authorisation is required, the General Secretariat shall publish on the website of the Supreme Council the following:

(1) the applicable licensing procedures and licensing criteria.

(2) the basic terms and conditions of the License.

(3) the period of time expected to reach a decision concerning an application for a License.

Article (31)

The General Secretariat shall establish the terms and conditions of all Licenses and shall monitor compliance by Licensees with the terms and conditions of their Licenses, and the General Secretariat may take any measures and procedures in this regard.

The General Secretariat may establish the criteria through Radio Spectrum Regulations in order to determine what radio spectrum should be available for common use and this may be awarded by means of a Class License.

Article (32)

A Radio Spectrum Licensee may not assign a License or Authorization, spectrum rights or any portion thereof by contract or for any other reason, without the approval of the Secretary General.

A transfer or change of control of a Licensee or segregation or partitioning of radio frequency spectrum rights, or combination of the two or sharing radio frequency spectrum rights with a third party shall be deemed to be an assignment of the License, Authorization, spectrum rights or any portion thereof.

Article (33)

The Licensee shall notify the Secretary General in writing of its wish to assign a License or Authorization at least 60 days before the date of the proposed assignment. The Licensee shall provide the information, and comply with the procedural requirements specified in the regulations issued by the General Secretariat in this regard.

The Secretary General shall issue its decision, whether to approve such assignment or not, within 30 days from receiving the request, unless the Secretary General finds that circumstances warrant a longer period of review, the term of which shall be specified by the General Secretariat before expiry of the initial 30 day period.

In the event that the assignment of a Radio Spectrum Licence also involves assignment of an Individual Licence or a transfer of control, the General Secretariat will follow a coordinated procedure with respect to its review in accordance with Articles (13), (32), (33), (77), (78), (79), (80), (81), (82), (83), (84) and (85) of this By-Law, as the case may be.

The Secretary General shall determine whether to approve such assignment based on the suitability of the proposed assignee to use the radio spectrum, in accordance with the terms of the Individual License, the terms of its issuance, and the provisions of the Law and this ByLaw.

A Licensee will have 180 days, from the date of approval by the Secretary General, to consummate the proposed assignment and notify the General Secretariat of its completion. If necessary, the Licensee may request, and the General Secretariat may approve, one or more extensions to the 180-day deadline.

Article (34)

The General Secretariat may amend a Radio Spectrum License in one of the following circumstances:

(1) in accordance with the Law, this By-Law, and the terms and conditions of the License.

(2) as requested or agreed to by the Licensee.

(3) to implement changes to international treaties or laws that require the amendment.

Article (35)

The Supreme Council may suspend, revoke or refuse to renew Radio Spectrum Licenses in one of the following cases:

(1) the Licensee have committed repeated violations of the Law, this By-Law, other regulations, orders or decisions issued by the Board or the General Secretariat, or the terms of the License.

(2) the misuse of radio spectrum or its use for an unauthorised purpose.

(3) non-payment of fees specified for the License or its renewal or any other financial amount pursuant to the provisions of the Law or this By-Law.

(4) The death of a natural person or the dissolution of a juridical person for any ground specified by law.

(5) The Licensee assigned the License without the approval of the Secretary General.

Article (36)

The General Secretariat shall, prior to amendment, suspension, revocation, or refusal to renew a License, notify the Licensee of this in writing and shall consider any comments submitted by the Licensee in this regard. The notice shall contain the following:

(1) provide the Licensee with sufficient time to prepare comments on the intended action.

(2) specify the procedures that the General Secretariat may use in further consideration of the action.

(3) may invite comments from interested parties or the general public regarding the intended action.

Article (37)

In the case where the General Secretariat amends the License, the General Secretariat shall provide the Licensee with a period of time as it deems appropriate, to implement any changes needed to comply with the amendment.

Article (38)

The General Secretariat shall not implement the suspension, revocation or refuse to renew a License without giving the Licensee a period of time, as it deems appropriate, to remedy any breach or reason that is the basis for the suspension, revocation or refusal to renew, unless proven that the breach or reason continues following the issuance of one or more written warnings by the General Secretariat to remedy such breach or reason.

Article (39)

Where a License is amended, suspended, revoked or not renewed, the General Secretariat shall take measures to ensure continuity of service to customers and include in its orders terms and conditions as it deems appropriate to ensure the least amount of negative disruption to customers which may result therefrom.

Article (40)

The General Secretariat my issue regulations, rules or orders containing further procedures related to the amendment or revocation of a License.

Article (41)

The term of a License shall be stated in the License. Upon application by the Licensee, a License may be renewed by the General Secretariat in accordance with the provisions of the License, regulations and decisions issued by the General Secretariat.

Article (42)

The Board shall set the License fees and any other fees, remuneration or charges and the General Secretariat shall issue in this regard, from time to time, the regulations and orders regulating this matter.

Article (43)

Any regulations, decisions and orders issued pertaining to fees shall contain the following principles:

(1) stipulate the entity which the fees and charges are to be paid to.

(2) fees and charges shall be levied on Licensees in an impartial manner.

(3) fees and charges may be based on factors such as the amount of radio frequency spectrum provided in the License; whether the Licensee is operating in a shared or exclusive frequency band; or a percentage or proportion of the revenues of Licensees from the use of radio spectrum.

(4) fees and charges payable under the Law and this By-Law are in addition to any other fees or charges that must be paid by Service Providers in connection with their operations or commercial activities.

Article (44)

In resolving radio spectrum interference disputes, the General Secretariat may carry out the following:

(1) assign its professional staff or technical experts to mediate the dispute, and if failing mediation to submit a report to the General Secretariat on possible ways to resolve the dispute.

(2) submit the dispute for arbitration in accordance with the procedure of the International Telecommunications Union (ITU), or such other arbitration rules or processes as the General Secretariat shall select.

(3) issue an order to resolve the dispute.

Article (45)

The Supreme Council shall consult with and coordinate the use of the radio spectrum with other countries, users, and organizations such as the International Telecommunications Union “ITU”, as required by law, treaty in force or as otherwise determined by the General Secretariat.

Chapter Four.- Interconnection and Access

Article (46)

The General Secretariat shall issue regulations, orders or notices to specify interconnection and access terms, conditions and processes, including the types of interconnection and facilities access that shall be provided by one or more Service Providers, and to facilitate interconnection and related access in accordance with its duties and objectives pursuant to the Law.

The General Secretariat shall have the authority to determine and oversee compliance with the rights, obligations, terms and conditions governing interconnection of telecommunications networks and access to telecommunications facilities and telecommunications services, in accordance with the Law, this By-Law and any regulations, rules, orders or notices issued by the General Secretariat and the License terms.

Article (47)

Subject to any limitations that may be established concerning the types of Service Providers that are entitled to interconnect, a Service Provider shall, upon receipt of a written request by another Service Provider licensed to operate a telecommunications network, enter into good faith negotiations to reach interconnection or access agreement in order to achieve the following objectives:

(1) connect and keep connected the telecommunications networks of both Service Providers.

(2) provide access to such telecommunications facilities, including but not limited to central offices and other equipment locations, mast sites, towers, conduits, poles, subscriber access lines and underground facilities, as are reasonably requested in order for the Service Providers to provide telecommunications service to their customers. Any co-location of facilities shall also be subject to Articles (112) and (113) of this By-Law.

The parties shall have a period of (60) day from date of receipt of the request for interconnection in which to reach agreement. If the parties are unable to reach agreement, either or both parties may resort to the General Secretarial for resolution. The General Secretariat may issue interim orders before final determination.

Service Providers and any other interested parties may at any time request the General Secretariat to clarify or interpret the interconnection and access rights or obligations set out in the Law, this By-Law, any regulation, rule or order, or any interconnection or access agreement. Decisions issued by the General Secretariat shall be binding.

Article (48)

Articles (49), (50), (51) and (52) of this By-Law apply only to Service Providers that the General Secretariat has designated as Dominant Service Providers in one or more telecommunications markets relevant to interconnection and related facilities access in accordance with Chapter Nine of the Law and Chapter Eight of this By-Law.

Article (49)

Interconnection or access arrangements offered by Dominant Service Providers designated in accordance with the preceding Article, in addition to meeting the requirements of Article (47) of this By-Law shall:

(1) meet all requirements of the Law, this By-Law and any regulations, rules and orders issued by the General Secretariat, including any requirements relating to interconnection or access charges, interconnection provisioning intervals or quality of service.

(2) be in accordance with any applicable reference interconnection offer approved by the General Secretariat for the Service Provider.

(3) meet all reasonable requests for interconnection with the Dominant Service Provider’s telecommunications network, at any technically feasible point, including to permit traffic originating on the Dominant Service Provider’s network to be terminated on the networks of the interconnecting Service Provider and all other licensed Service Providers.

(4) incorporate reasonable terms and conditions, including technical standards and specifications.

Every Dominant Service Provider designated, shall ensure that:

(1) it applies substantially the same terms and conditions to all Service Providers requiring interconnection or facilities access under similar circumstances.

(2) it provides interconnection and facilities access to all Service Providers under substantially the same conditions and quality as it provides for its own
telecommunications service operations or those of its Affiliates.

(3) it makes available on request, and without delay, all necessary or reasonably required information and specifications to Service Providers requesting interconnection or facilities access.

(4) it uses information received from a Service Provider seeking interconnection or facilities access only for the purposes for which it was supplied and does not disclose the information or use the information for any other anti-competitive purpose.

Article (50)

(1) The General Secretariat may require that interconnection or access charges of any Dominant Service Provider be subject to Article (29) of the Law and Articles (56), (57), (58) and (59) of this By-Law. The General Secretariat may also direct Dominant Service Providers to implement specific interconnection or access charges, or changes to such charges, as determined by the General Secretariat.

(2) Interconnection and facilities access charges of Dominant Service Providers designated in accordance with Article (48) of this By-Law shall be cost-based and in accordance with rules or standards determined by the General Secretariat.

(3) In establishing charges for interconnection or facilities access, Dominant Service Providers designated in accordance with Article (48) of this By-Law shall comply with any rules or orders applicable to interconnection or access, including any pricing, costing and cost separation requirements as prescribed by the General Secretariat.

Article (51)

(1) Every Dominant Service Provider designated in accordance with Article (48) of this By-Law shall perform the following:

(a) prepare a reference interconnection offer for approval by the General Secretariat within the time period prescribed by order of the General Secretariat.

(b) periodically update the reference interconnection offer as directed by orders of the General Secretariat.

(c) publish its approved reference interconnection offer in the following manner:

(-) filing a copy with the Supreme Council, who shall publish the reference
interconnection offer on the Supreme Council’s official website.

(-) making a copy available to the public in its principal business offices;

(-) publishing the agreement on the Service Provider’s website.

(-) sending a copy to any other Service Provider on request.

(2) Every reference interconnection offer shall:

(a) comply with any rules or orders applicable to interconnection or facilities access, including any applicable instructions regarding the form and content of a reference interconnection offer as prescribed by the General Secretariat.

(b) include a full list of services, sufficiently unbundled, to be supplied to Service Providers, setting out the associated terms and conditions, including the provisioning processes and charges for each service.

(c) not be amended by the Dominant Service Provider except as directed or approved by the General Secretariat.

(3) In the event that a Dominant Service Provider does not submit a reference
interconnection offer within the time period prescribed by the General Secretariat, or delays finalization of a reference interconnection offer acceptable to the General Secretariat, the General Secretariat may require the Dominant Service Provider to adopt a reference interconnection offer as prepared or prescribed by the General Secretariat.

Article (52)

(1) Every Dominant Service Provider designated in accordance with Article (48) of this By-Law shall within five (5) days from signing the interconnection or access agreement, file a copy of the agreement with the General Secretariat.

(2) Subject to the following paragraph, the Supreme Council may place a copy of any interconnection or access agreements filed with it in accordance with paragraph (1) of this Article on its official website.

(3) A Dominant Service Provider or any other party to an interconnection or access agreement that has been filed with the General Secretariat may identify specific information contained in the interconnection or access agreement as confidential, and may request that such confidential information be excluded from the copy of the agreement placed on the Supreme Council’s official website. Details of interconnection or access charges and all other essential terms and conditions offered by any Dominant Service Provider shall not be considered confidential; and the General Secretariat shall determine what information will be treated as confidential.

Article (53)

If the General Secretariat decides that an interconnection or access agreement is in violation of the Law or this By-Law, or the requirements of any regulation, rule, order, notice or License, it may issue an order requiring one or more of the parties to the agreement to amend the agreement.

Chapter Five.- Tariff Regulation

Article (54)

The General Secretariat shall have the authority to review all Service Provider tariffs, including wholesale and retail tariffs, and to determine any requirements regarding tariffs, their approval and publication, and the General Secretariat may issue regulations or orders to regulate the tariffs of Service Providers.

Article (55)

Articles (56), (57), (58) and (59) of this By-Law apply to Service Providers that the General Secretariat has designated as Dominant Service Providers in one or more telecommunications markets, in accordance with Articles (72), (73) and (74) of this By-Law. These tariff requirements shall apply to all service tariffs of a Dominant Service Provider, including all retail and wholesale tariffs. These tariff requirements shall also apply to interconnection or access related charges where those charges have been the subject of an order under paragraph (1) of Article (50) of this By-Law.

Article (56)

Tariffs that are subject to filing with and approval by the General Secretariat shall enter into force only after they have been approved by a decision from the General Secretariat.

The General Secretariat shall be entitled to issue interim orders regarding service tariffs and tariff related matters pending further evaluation and final determination. Final orders may confirm, amend or revoke any interim order.

Article (57)

Unless the General Secretariat orders otherwise, the Service Provider shall from the date on which the tariff or tariff revision is filed until the tariff or tariff revision is approved publish an electronic copy on its website; and maintain a paper copy available to the public at its main business offices; and within ten (10) days from the day on which the tariff or tariff revision is filed, place a notice of the tariff filing summarizing its contents and specifically identifying its effects, including its commercial impact on customers, in two local newspapers published in Arabic and English, or as otherwise directed by the General Secretariat.

Dominant Service Providers shall also comply with the tariff information and disclosure requirements of Articles (97), (98) and (99) of this By-Law and License Terms.

Article (58)

Tariffs charged by a Dominant Service Provider to other Service Providers shall be filed with and subject to approval by the General Secretariat in accordance with Article (29) of the Law and Article (56) of this By-Law; and the terms of the License.

Those tariffs must also comply with the orders issued by the General Secretariat.

Article (59)

The General Secretariat may require a Dominant Service Provider to prepare or participate in the development of a cost study of its telecommunications services if it determines that a cost study would be an effective and necessary means of addressing the effects of dominance or significant market power, preventing anti-competitive conduct or would otherwise be effective and necessary in implementing any scheme of tariff or price regulation.

The General Secretariat may require any Dominant Service Provider to prepare or participate in the development of a cost study for the purpose of determining the costs of providing different types of telecommunications services or the business activities of the Service Provider and the General Secretariat shall decide on the cost categories, form, approach, procedures and timing of the cost study; the Service Provider shall comply with all
requirements identified by the General Secretariat; and shall file with the General Secretariat the study.

The General Secretariat shall consult with the Service Provider required to file a cost study and any other interested parties before it makes an order requiring the study.

The General Secretariat may require a Dominant Service Provider to adopt identified cost accounting practices to facilitate cost studies or to achieve any other regulatory purpose under the Law or this By-Law, including the separation of accounts among different categories of business activities or services or as directed by the General Secretariat.

Article (60)

The General Secretariat may develop methods of price control and may consult Service Providers or any other interested parties.

The General Secretariat may issue orders or notices prescribing guidelines for the development of proposals for methods of price control; or setting out directions for the further development of any proposal that has been filed with the General Secretariat or any method of price control that is under development by the General Secretariat.

The General Secretariat may also approve of a proposal or method of price control for implementation by one or more Service Providers. Following development and approval of any method of price control, the General Secretariat may also issue regulations, rules, orders or notices required for its implementation.

Chapter Six.- Numbers and Numbering

Article (61)

The General Secretariat shall prepare, publish and manage a National Numbering Plan and shall allocate and assign numbers and number ranges in accordance with the National Numbering Plan. The General Secretariat shall, in preparing the National Numbering Plan take into account the following:

(1) The National Numbering Plan shall be consistent with the requirements of
international agreements, commitments, conventions, regulations and
recommendations to which the State of Qatar is party therewith.

(2) expected growth in demand for telecommunications services, and to allow numbers to be assigned with no delay.

(3) the plan and resulting allocation and assignment of numbers shall reflect the needs of Service Providers and customers, and be consistent with the efficient use of the Service Providers’ telecommunications networks.

(4) the plan may provide for many features such as number portability and service provider selection when required.

(5) allocation or assignment of numbers shall not confer an unreasonable advantage or disadvantage to any Service Provider.

Article (62)

In preparing and managing the National Numbering Plan, the General Secretariat shall have due regard for existing allocations and assignments of numbers and for the costs to Service Providers in accommodating the plan.

Article (63)

The General Secretariat may modify the National Numbering Plan and notify the Service Providers of this within a period of time as it deems appropriate, prior to the date when the modification is to be effected. Service Providers shall notify their customers regarding any such modification and its practical effects in accordance with any direction issued by the General Secretariat.

Article (64)

Service Providers and customers shall not have any property rights in numbers.

Article (65)

A Service Provider shall only change a customer’s number in the following cases:

(1) based on the request of the customer.

(2) a change in the location of fixed service customer which makes the retention of the existing number not technically or economically feasible.

(3) modification to the National Numbering Plan which orders this or any direction from the General Secretariat.

(4) the Service Provider has other reasonable grounds, including compliance with any orders, decisions or notices issued by the General Secretariat, and in this case the Service Provider has to give a written notice to the customer in question, stating the reason and anticipated date of change including any compensation to be paid by the Service Provider in accordance with Article (35) of the Law. In cases of emergency, oral notice with subsequent written confirmation shall be sufficient.

Article (66)

The General Secretariat may publish instructions on practices and procedures for the allocation and assignment of numbers, including identification of any fees or charges payable by Service Providers or customers for the allocation or assignment of numbers. The instructions will form part of the National Numbering Plan.

Article (67)

Subject to the requirements of any statement published by the General Secretariat, Service Providers shall ensure, at the time of allocation or assignment, that customers understand that they have no ownership, special or property rights in numbers and that numbers may be reallocated or re-assigned, including where the customer has paid a special fee or charge for the assignment or use of a particular number. Service Providers shall also ensure that they provide customers with adequate remedies in the event such numbers are re-allocated or reassigned, including appropriate refunds of any special fees or charges or other form of fair compensation.

Article (68)

The General Secretariat may, after consultation with Service Providers and other interested parties, issue an order to one or more Service Providers to develop or to assist in the development of a number portability implementation plan, for approval and implementation by the General Secretariat. Such order will form part of the National Numbering Plan. Any order issued by the General Secretariat in this regard shall contain:

(1) the schedule for implementation of number portability.

(2) markets and Service Providers covered by the plan.

(3) the technical means of providing number portability.

(4) the recovery of costs for implementation of the plan.

The number portability implementation plan shall identify specific responsibilities for the supply, development and operation of the facilities and systems needed to implement number portability.

Following development and approval of a number portability implementation plan, the General Secretariat may issue any other regulations, rules, orders or notices required for its implementation.

Article (69)

The General Secretariat may, after consultation with Service Providers and other interested parties, issue an order directing one or more Service Providers to develop or to assist in the development of a Service Provider selection or Service Provider pre-selection implementation plan, for approval and implementation by the General Secretariat.

Following development and approval of a Service Provider selection or Service Provider preselection implementation plan, the General Secretariat may issue any other regulations, rules, orders or notices required for its implementation.

Chapter Seven.- Universal Service

Article (70)

(1) The General Secretariat may set out a policy stating specific objectives, and related principles and service obligations, relating to the provision of universal service and related access to telecommunications services and telecommunications facilities in the State of Qatar and the General Secretariat may consult with Service Providers and other interested parties when developing a universal service policy.

(2) In setting out the universal service policy, the General Secretariat shall take into account the following:

(a) the objectives for the development of universal service, including the state of universal access.

(b) the telecommunications services and telecommunications facilities to be included in universal service offerings.

(c) the service areas or types of service areas in which specified levels of universal service should be achieved.

(d) the costs of the universal service obligations, and how these costs should be met.

In developing a universal service policy, the General Secretariat shall ensure that any universal service obligations of Service Providers are administered in a transparent, nondiscriminatory and competitively neutral manner.

Article (71).- Universal Service Fund

Following approval by the Board of the universal service policy, the General Secretariat may issue a regulation to establish a Universal Service Fund to subsidize the net costs of providing universal service. The regulation shall determine how the Universal Service Fund shall be operated and administered. The Universal Service Fund shall be administered by and under
the direction of, the General Secretariat.

All Service Providers shall contribute to the Universal Service Fund in accordance with the policy approved by the Board, the terms of their Licenses, any implementing regulation or decisions issued by the General Secretariat.

The disbursement procedures of the Universal Service Fund shall be prescribed by the Secretary General, and shall be administered in a transparent, non-discriminatory and competitively neutral manner.

Chapter Eight.- Competition Policy

Article (72)

The General Secretariat shall issue a notice which establishes the standards and methodology that it will apply in determining whether Significant Market Power exists in a particular relevant market. The General Secretariat shall publish the methodology on the website of the Supreme Council and may be modified from time to time by it.

The methodology may include the following elements and any other relevant factors which will be applied in accordance with criteria set out in third paragraph of this Article:

(1) definition of the relevant telecommunications market or markets in terms of products and geographic scope.

(2) assessment of market power based on a review of the economic and behavioural characteristics of the relevant market and an examination of the extent to which a Service Provider, acting alone or jointly with others, is in a position to behave independently of customers or competitors.

The methodology may include the following criteria for assessing the degree of market power in a relevant market:

(1) market share.

(2) absolute and relative size of the firm in the relevant market.

(3) degree of control of facilities and infrastructure that would be uneconomical for another person to develop to provide services in the relevant market.

(4) economies of scope and scale.

(5) absence of countervailing buyer power, including customer churn characteristics.

(6) structural and strategic barriers to entry and expansion.

(7) any other factors relevant to evaluating the existence of market power in a particular market.

The methodology may also provide guidance on the parameters that will be used for measuring market share (number of lines, number of minutes, revenues or other relevant metrics), and for ease of administration, the General Secretariat may, in the absence of evidence to the contrary, may deem that an individual Service Provider with a share of more than 40 percent of the relevant market is a Dominant Service Provider.

Article (73)

The General Secretariat shall undertake a baseline review of those telecommunications markets that it determines should be examined as a matter of priority. In undertaking its assessment, the General Secretariat shall rely on the best data available to it, and all market participants shall cooperate fully in furnishing information requested by the General Secretariat in order to carry out its evaluation. Where true, complete and accurate data is not
available, the assessment may be based on reasonable estimates, proxies and regulatory actions in comparable jurisdictions in the region.

Article (74)

The General Secretariat’s decisions on dominance designations shall be published on the official website of the Supreme Council in a format that conceals information classified by the General Secretariat as confidential, along with a current list of all Service Providers which the General Secretariat has designated as dominant and the specific market(s) in which they been found to be dominant.

The General Secretariat shall, from time to time, review its designation of service providers as dominant in the relevant markets and the specific requirements imposed upon those service providers as a result of that designation. In doing so, the General Secretariat will take into account the presence of new market entrants and evaluate whether market forces are
sufficient to safeguard the interests of customers and the public.

Article (75)

Dominant Service Providers are prohibited from undertaking any activities or actions that abuse their dominant position. In addition to the conduct and activities specifically identified in Article (43) of the Law, the General Secretariat may prohibit any other action or activities engaged in by a Dominant Service Provider that the General Secretariat determines to have
the effect or to be likely to have the effect of substantially lessening competition in any telecommunications market.

Article (76)

In addition to the provision of Article (46) of the Law and any other remedies identified by the General Secretariat from time to time in accordance with this By-Law, the General Secretariat may require the Service Provider involved in the abusive action or anticompetitive practices, and the persons affected by such actions or practices, to meet and attempt to determine remedies for such actions or practices.

In case of repeated breaches of an order made by the General Secretariat to prohibit a Dominant Service Provider from the abuse of its dominant position or other anti-competitive action or activities, the General Secretariat may issue a order requiring the Service Provider to divest itself of some lines of business provided that:

(1) the Service Provider is notified in writing prior to issuing such an order to allow the Service Provider to provide its comments regarding this matter.

(2) the General Secretariat determines that such an order is an effective measure to end an abuse of dominant position or anti-competitive practices.

Article (77)

No transfer of control of a Service Provider shall become effective by any transaction without one or more parties providing written notification of the intended transaction to the General Secretariat. The written notification shall be given without delay, within a period of not less than sixty (60) days prior to the intended completion date of the transaction. The written notification shall in reasonable detail and with sufficient clarity identify all the parties to the
transaction, including their respective Affiliates or any related Persons, and shall summarize the nature of the transaction, including the intended completion date. In addition, the Licensee shall provide such information, and comply with such procedural requirements, as the General Secretariat may specify.

Within thirty (30) days of receiving the above-mentioned notification, the General Secretariat shall issue a written order in reply to the parties confirming whether the transaction will require approval under Article (78) of this By-Law. If approval of the transaction is not required, the order will state this. In such case, the order will also specify the conditions, if any, that would apply to any additional ownership, voting or other rights in the entity to be
acquired, or to any Affiliates of the entity to be acquired. The order will also indicate under what circumstances any proposal to acquire additional rights in the entity must be notified to the General Secretariat for review.

Article (78)

No transfer of control of a Service Provider shall be effected without the prior approval of the General Secretariat if:

(1) a Dominant Service Provider, or an Affiliate of a Dominant Service Provider is the Person ultimately acquiring control of the Service Provider; or the Person whose control is being transferred.

(2) the General Secretariat determines, in its sole but reasonable discretion, that as a result of the transfer a Person, alone or with its Affiliates or related persons, may become a Dominant Service Provider.

(3) The General Secretariat determines, in its sole but reasonable discretion, that the proposed transfer of control may result in a substantial lessening of competition.

Article (79)

No transfer of control that requires prior approval under the preceding Article shall be completed or have any legal force or effect unless the Person makes written application for approval of the transfer to the General Secretariat, and receives written approval for the transfer from the General Secretariat.

Article (80)

Applications for transfers of control stipulated under the preceding Article shall contain detailed information regarding the proposed transaction(s) provided that such information shall, at a minimum, include the following:

(1) the Persons involved in the transaction(s), including the buyers, sellers, their affiliated Persons, any related persons, and any shareholders or other Persons that have ownership rights in all such Persons;

(2) a description of the nature of the transaction(s) and a summary of the commercial terms.

(3) financial information regarding the Persons involved in the transaction(s), including their annual revenues from telecommunications markets identified by specific markets, value of assets for the telecommunications business and copies of any updated annual or quarterly financial reports.

(4) a description of the relevant telecommunications markets where those Persons involved or engaged in the transaction(s) operate in.

Article (81)

The General Secretariat may request at any time additional information regarding any transaction that is the subject of a notification under Articles (77) and (79) of this By-Law.

Article (82)

The General Secretariat shall, within sixty (60) days from receipt of the above-mentioned application stipulated under Article (79), or from date of receipt of the additional information requested pursuant to the preceding Article:

(1) approve the transfer of control with no conditions.

(2) conditional approval of the transfer of control. The conditions shall be related to the promotion and development of telecommunications markets in order to make them open and competitive in the State of Qatar and related to the protection of customers’ interests.

(3) deny the transfer of control.

(4) issue an order extending the review period for an identified period of time.

(5) issue a notice to initiate an investigation regarding the proposed transfer of control and take one of the above-mentioned decisions set out in subparagraphs (1), (2) or (3) of this Article.

Article (83)

Any party to a proposed transaction may apply to the Supreme Council requesting expedited approval of the transaction, including in the event that the General Secretariat does not take any of the decisions identified in the preceding Article within the identified 60 day period.

Article (84)

Transfers of control involving the assignment of Individual Licenses or Radio Spectrum Licences shall be reviewed by the General Secretariat pursuant to the competition policy and criteria, and in accordance with Articles (13), (32), (33) of this By-Law, also pursuant to a coordinated timetable corresponding to the provisions of Articles (77), (78), (79), (80), (81), (82), (83), (84), (85).
Article (85)

Following approval by the General Secretariat, a party seeking to effect a transfer of control of the Licensee will have 180 days to consummate the proposed transaction and notify the General Secretariat of its completion. If necessary, the General Secretariat may approve one or more extensions to the above-mentioned period upon request of the Licensee.

Chapter Nine.- Consumer Protection Provisions

Article (86)

Licensees and Service Providers shall comply with the provisions of this Chapter, the terms and conditions of applicable Licenses and with any regulations, rules, orders or notices issued by the General Secretariat in this regard.

Article (87)

Service Providers shall not transfer or attempt to transfer customers, and shall not charge customers for services, except in accordance with customer orders, agreed service terms or other written customer directions.

In addition to the orders issued by the General Secretariat regarding customer terms, service provision or billing, the Service Providers shall provide customers with invoices as follows:

(1) at least once every three (3) months and for free.

(2) in paper form, or in electronic form if the customer consents.

(3) in a plain and simple format.

(4) that provide accurate information on the services provided, the amounts due for each service and the method of calculation of tariffs for any service on which invoices are based, on the length of calls or other measure of usage.

Article (88)

Service Providers shall retain accurate records of all customer orders, service provisioning and billing for a period of at least twelve (12) months from the relevant billing date, and shall make them available to the General Secretariat upon request in accordance with the Law.

Article (89)

Where the General Secretariat has a concern relating to billing practices, it may require Service Providers to publish information on billing systems or billing practices or to take such other steps relating to their billing systems or billing practices as the General Secretariat may consider appropriate.

Article (90)

No Service Provider shall make any false or misleading claim or suggestion regarding the availability, price or quality of its telecommunications services or equipment; or the telecommunications services or equipment of another Service Provider.

A claim or suggestion is false or misleading if the Service Provider knew or ought to have known at the time it was made that it was false or misleading or that it was likely to deceive or mislead the person to whom it was made.

Article (91)

Service Providers shall take all reasonable steps to ensure the confidentiality of customer communications. Service Providers shall not intercept, monitor or alter the content of a customer communication, except with the customer’s explicit consent or as expressly permitted or required by applicable laws of the State of Qatar.

Article (92)

The purposes for which customer information is collected by a Service Provider shall be identified at or before collection, and a Service Provider shall not, except as permitted or required by law, or with the consent of the person to whom the information relates, collect, use, maintain or disclose customer information for undisclosed or unauthorised purposes. The Service Provider shall be entitled to use customer information for all legitimate purposes identified in its terms of service, or in accordance with the customer’s consent in accordance with legal and constitutional controls.

A Service Provider shall be responsible for any records, which are under its custody or control or under the custody or control of its agents, containing customer information and communications. Service Providers shall ensure that customer information and customer communications are protected by security and technical safeguards that are appropriate to their sensitivity.

A Service Provider shall not disclose customer information to any person without the customer’s consent, unless disclosure is required or permitted by the General Secretariat in accordance with the applicable laws or regulations of the State of Qatar.

All customer-specific information, and in particular billing-related information, shall be retained and used by a Service Provider only for purposes specifically provided for in the applicable terms of service or other agreed customer terms, or in accordance with any rules or orders made by the General Secretariat, or as otherwise permitted by applicable laws.

Service Providers shall ensure that customers’ information is accurate, complete and updated regularly for the purposes for which it is to be used.

Article (93)

Nothing in this By-Law prohibits or infringes upon the rights of authorized governmental authorities to access confidential information or communications relating to a customer, in accordance with applicable laws.

Article (94)

Service Providers shall identify a person or group of persons to receive complaints from customers other than Service Providers. Details of how to contact such person or group of persons shall be provided on all written communications sent to customers and also on each Service Provider’s website.

Service Providers shall set certain procedures to deal with complaints of customers other than Service Providers and have them published in the form and manner that is approved by the General Secretariat. These procedures along with any amendments introduced shall be subject to the approval of the General Secretariat.

Service Providers shall not disconnect or change the telecommunications services being provided to a customer that are the subject of a complaint or dispute, other than in accordance with the terms of service approved by the General Secretariat pursuant to Article (96) of this By-Law or as permitted by an order made by the General Secretariat.

Article (95)

The General Secretariat shall undertake any other appropriate action to protect the public from harassing, offensive or illegal telecommunications in accordance with the Law, this ByLaw and other applicable laws.

Article (96)

The General Secretariat may require a Service Provider to submit to it draft terms of service to it for approval and may prescribe a timetable for review, approval and implementation of the terms of service.

Terms of service shall be consistent with the Law, this By-Law, and all applicable regulations, rules, orders and License conditions, and shall describe the basic terms of the relationship between the Service Provider and its customers in the provision and use of telecommunications services.

The General Secretariat shall approve draft terms of service as submitted to it or after introducing changes to it as the General Secretariat deems appropriate. Once approved, the terms of service will replace the customer terms used by a Service Provider and shall become binding on the Service Provider and its customers.

The General Secretariat may issue an order discontinuing the requirement for a Service Provider to submit draft terms of service to the General Secretariat for approval where it determines that its approval is no longer required to protect the interests of customers.

Article (97)

Each Service Provider shall publish the following information on its website:

(1) the current version of any terms of service or other standard customer terms and conditions of service approved by the General Secretariat.

(2) Its tariffs, rates and charges for any equipment or services, including all approved tariffs and proposed tariff changes which have been filed with the General Secretariat in accordance with Article (55) of this By-Law.

(3) the official website address and other contact information of the Supreme Council, along with a clear statement that the Service Provider is regulated by the Supreme Council under the Law, this By-Law and any other applicable laws, and that customers and other Service Providers may contact the Supreme Council if they are unable to resolve disputes with Service Providers.

(4) a user-friendly navigation system that allows a customer to locate the abovementioned information easily.

Article (98)

Service Providers shall also maintain paper copies of the information described in the preceding Article at all of their business offices. This information shall also be made available for public inspection, without charge, during normal business hours. Copies of the information shall also be sent to the Supreme Council for public reference, and may be published by the Supreme Council in the manner that the General Secretariat deems
appropriate.

Article (99)

If required by an order of the General Secretariat, a Service Provider shall include the current version of its terms of service or other standard customer terms and conditions, copies of its tariffs, rates and charges being available for review at its business offices and the other information described in paragraph (3) of Article (97) of this By-Law in the introductory pages to every telephone directory published by it or on its behalf. Service Providers shall
provide, upon request and at a reasonable charge, paper copies of its terms of service and all applicable tariffs, rates and charges to any customer who requests them.

Article (100)

The General Secretariat may issue regulations, rules or orders requiring Service Providers to provide customers with a telephone directory and access to directory services.

Service Providers shall provide customers with a telephone directory and access to directory services in accordance with any regulations, rules or orders issued by the General Secretariat.

Service Providers shall also exchange and compile customer information as required to facilitate the production of telephone directories or the provision of directory services in accordance with any regulations, rules or orders issued by the General Secretariat.

Article (101)

The General Secretariat shall set the minimum quality of service standards and may have them amended by following consultation with the related Service Providers.

The Supreme Council may include those criteria in the Licenses, or issue them by an order from it.

A Service Provider shall deliver to the General Secretariat a written quality of service report each quarter in the form and detail prescribed by the General Secretariat and setting out therein the Service Provider’s actual results for each quality of service standard.

Article (102)

If the quality of service report mentioned in the preceding Article shows that a quality of service standard has not been fulfilled nor achieved, the Service Provider shall provide a clear explanation stating the reason behind it and the steps it has taken or to taken by it in order to implement that standard.

The General Secretariat shall advise the Service Provider within thirty (30) days from receipt of quality of service reports and whether it accepts the report and the explanation submitted regarding any standard not achieved. If the General Secretariat does not reply within the above-mentioned period, this shall be deemed approval by the General Secretariat of the report, including the explanation.

In case the General Secretariat does not accept the explanation, the General
Secretariat shall issue an order stating the extra steps that the Service Provider shall take and the time frame within which those steps shall be taken, including submission of any additional reports by the Service Provider until the standard is achieved; and specific refunds, if any, or any other customer remedies to be implemented by the Service Provider as a result of its failure to comply with the quality of service standards.

Article (103)

A Service Provider shall publish on its website, in accordance with the orders of the General Secretariat, the quality of service report or any other additional related material submitted by it to the General Secretariat. The Supreme Council may also post on its official website the quality of service report or any additional related material submitted by a Service Provider.

The General Secretariat may require a Service Provider to publish all of the quality of service reports or parts therefrom or any information relating to quality of service in both the Arabic and English languages and in two local newspapers.

The Supreme Council may issue press releases and publish information regarding Service Provider quality of service performance, including comparisons regarding the quality of service performance among different Service Providers.

Article (104)

The service obligations of Service Providers described in this Chapter shall extend to the installation, operation, maintenance and repair of all telecommunications facilities that are owned or provided by the Service Provider and located on the customer’s property.

A Service Provider shall have the right to enter a customer’s premises or property for the purposes described in the preceding paragraph, subject to the following conditions:

(1) the Service Provider has given the customer a notice and has received the consent of the customer.

(2) the Service Provider dispatches identified and qualified personnel.

Article (105)

The General Secretariat may issue any orders relating to Service Provider liability, customer refunds and damages associated with the provision of services. The General Secretariat may take these provisions into consideration in the course of approving terms of service pursuant to Article (96) of this By-Law.

Chapter Ten.- Access to Property

Article (106)

Where a Service Provider cannot, on commercially reasonable terms and within sixty (60) days following the commencement of negotiations between the Service Provider and the concerned party obtain the consent of the government authority having jurisdiction over State Public and Private Property or facilities to construct, maintain or operate telecommunications
network facilities on that land or facility; or gain access to the pole, duct, tower or other supporting structure of a telecommunications, electrical power, or other transmission system constructed on that property or facility that is owned or controlled by the State, the Service Provider may apply to the Supreme Council for assistance or to exercise its powers under applicable laws and regulations.

Article (107)

Upon receipt of an application for assistance in accordance with the preceding Article, the General Secretariat shall consult with the concerned government authority to find a solution acceptable to both the Service Provider and the concerned government authority. If the General Secretariat’s consultation fails to produce agreement within a period of (60) days from date of receipt by the General Secretariat of the request, the General Secretariat may refer the matter for resolution to any administrative, executive or any other competent
authority that has jurisdiction, or the General Secretariat may provide assistance as it deems appropriate, or the parties to the dispute may refer the matter to the courts for resolution.

Article (108)

The Service Provider may apply to the General Secretariat for assistance in reaching an agreement with the owner of private land or private facility, or for the exercise of powers under applicable laws or regulations to obtain access to private land or private facility to construct, maintain or operate telecommunications network facilities, or to provide telecommunications services; if the Service Provider cannot, on commercially reasonable
terms, reach an agreement with the owner of the private land or private facility within thirty (30) days from date of commencement of negotiations with the concerned party.

Article (109)

Upon receipt of an application for assistance in accordance with the preceding Article, the General Secretariat shall take the steps it deems necessary to assist the concerned parties. If the General Secretariat’s consultation fails to produce agreement within a period of sixty (60) days, from the date of receipt by the General Secretariat of request for assistance, the General Secretariat may refer the dispute to any administrative, executive or other competent body that has jurisdiction, or the General Secretariat may provide assistance as it deems appropriate, or the parties to the dispute may refer the matter for resolution by the court.

Article (110)

The Secretary General may prescribe regulations that require any Service Provider to allow other Licensees to have access to conduit, ducts, cabling, wire and space for switching facilities inside multi-tenanted buildings where historic or contractual arrangements create anti-competitive conditions in respect of such access. Such regulations shall prohibit any Service Provider from providing, installing or continuing to service inside wiring, duct, conduit and related facilities unless the property owner also permits other duly authorized Licensees to have the same rights of access, absent a proof showing of undue burden to the property-owner based on unusual circumstances.

Article (111)

A Service Provider shall, in exercising any rights of access stipulated in Articles (106), (107), (108), (109), (110) of this By-Law, comply with all other applicable laws and regulations and with all applicable planning and approvals requirements and related processes. Service Providers shall indemnify property owners for any damage to property, injury or expense caused by the Service Provider acting contrary to any terms of access, laws, regulations or
planning and approvals processes.

In exercising the functions identified in Articles (106), (107), (108), (109), (110) or as otherwise appropriate to facilitate the construction, maintenance or operation of telecommunications facilities, the General Secretariat may establish and oversee the operation of a committee or other body to coordinate applicable planning and approvals requirements and related processes. The General Secretariat may issue regulations, rules, orders or notices required for the establishment or operation of such a committee or
coordinating body.

Article (112)

Service Providers with existing telecommunications network facilities shall allow other Service Providers, whom the General Secretariat have decided that they are entitled to co-locate, to co-locate their telecommunications network facilities on those existing facilities, including central office premises and other equipment locations, land and roof tops, mast sites, towers, conduits, ducts, poles and underground facilities, and physical and virtual colocation arrangements, where such co-location is technically and economically feasible.

In the event that the parties fail to reach agreement within 30 days following the commencement of such negotiations, either party may request the assistance of the General Secretariat to reach an agreement in accordance with the provisions of the Articles (106), (107), (108), (109), (110) of this By-Law.

The party requesting co-location shall compensate the party required to provide colocation for such an amount as the parties may agree to or where the parties are unable to agree, the party requesting co-location shall compensate for such an amount as determined by the General Secretariat.

Where the parties are unable to agree on the terms of co-location, any party may request the General Secretariat to resolve the dispute in accordance with Articles (121), (122), (123) of this By-Law.

Article (113)

In addition to the rules and conditions of this Chapter, the terms of co-location shall be subject to Chapter Four of this By-Law.

Article (114)

New telecommunications facilities shall be installed in a manner that do not create an undue adverse effect on existing telecommunications facilities or other existing installations including installations used to maintain public ways, water and gas lines, oil pipelines and electrical installations or other.

Article (115)

Any person installing new telecommunications facilities shall compensate affected persons for the reasonable costs of relocating, modifying or protecting existing facilities or installations which result from the installation of the new facilities.

Article (116)

The General Secretariat may issue regulations, rules, decisions, orders or notices related to access to private or public property, in coordination with other concerned authorities.

Chapter Eleven.- Telecommunications Equipment Standards and Approval

Article (117)

The General Secretariat may issue regulations, rules, orders and notices regarding technical standards and specifications, equipment specifications, testing facilities, the application and procedures for certification or type approval of telecommunications equipment; and any other aspect of practice or procedure relevant to equipment standards or certification. The General Secretariat may consult with the Ministry of Health in the State of Qatar regarding some matters relating to public health and telecommunications equipment, if any.

Article (118)

In exercising its functions and powers regarding equipment standards and certification procedures or type approval, the General Secretariat may require from the concerned any information or documentation regarding equipment performance, standards or certification.

Article (119)

The General Secretariat shall ensure that all technical standards, specifications and certification requirements that it identifies as mandatory requirements for telecommunications equipment, are consistent with, the technical requirements and procedures generally applicable to electrical equipment, radio-communications apparatus and consumer products approved for sale or use in the State of Qatar.

Article (120)

The General Secretariat may issue instructions regarding ceasing use or removal of the equipment that was in use prior to the effective date of the Law if it determines that such telecommunications equipment interfere(s) with the operation of other telecommunications equipment, or constitute a public hazard and may issue instructions regarding of any replacement or modified equipment.

Chapter Twelve.- Dispute Resolution

Article (121)

In accordance with Article (61) of the Law, the General Secretariat shall resolve disputes arising between service providers, or between service providers and others, which are under its jurisdiction in accordance with the Law and this By-Law, and the General Secretariat shall establish procedures for the fair and efficient resolution of such disputes.

Article (122)

The General Secretariat may issue regulations, rules, orders and notices related to dispute resolution.

Article (123)

Where Service Providers have been unable to agree on the resolution of a matter following reasonable efforts to reach an amicable settlement, one or more Service Providers may apply to the General Secretariat for assistance in resolving the dispute, and the General Secretariat may take any of the following measures:

(1) assign members of its staff or an expert consultant to attempt to resolve the dispute.

(2) issue a decision to resolve the dispute, and the decision shall be binding.

(3) take any other action as it deems appropriate.

(4) direct the parties to refer the dispute to the competent Court.

Article (124)

Where a customer other than a Service Provider has a dispute with a Service Provider that the parties have been unable to resolve among themselves, by means of the Service Provider’s customer complaint process approved by the General Secretariat, either party may request the assistance of the General Secretariat to resolve the dispute, and the General Secretariat may take any of the following measures:

(1) assign members of its staff or an expert consultant to attempt to resolve the dispute.

(2) issue a decision to resolve the dispute and the decision shall be binding.

(3) take such other action as it deems appropriate.

(4) direct the parties to refer the dispute to the competent Court.

Article (125)

Parties to a dispute may refer the dispute to private mediation or arbitration and all costs arising therefrom including any travel or other expenses incurred by the General Secretariat in connection with any assistance in resolving the dispute, shall be paid for by the parties of the dispute.

Article (126)

Service Providers shall be subject to the dispute resolution processes defined or initiated by the General Secretariat pursuant to the Law and this By-Law or any other applicable laws, regulations or procedural rules. Service Providers shall also be subject to any customer complaint procedures established or approved by the General Secretariat.

Chapter Thirteen.- Provision of Information

Article (127)

The General Secretariat may require Service Providers or others to provide it with information that it deems necessary for the exercise of its powers or that enables it to perform its functions.

Article (128)

Such information shall be provided in the format specified by the Information Request and may include, but not limited to, data that must be calculated or compiled by the recipient of the Information Request, original paper-based documents and information stored in digital electronic format.

Article (129)

The Information Request shall specify the data that is required, identify the proceeding and purpose for which the data is being collected, and indicate the time period within which the information must be supplied to the General Secretariat. The General Secretariat may extend the deadline for the submission of part or all of the information requested if the recipient of the Information Request provides a convincing justification, in writing, at least five (5) working days before the date on which the information is due.

Article (130)

The General Secretariat shall take into consideration a request made by the recipient of the Information Request for the confidential treatment of the information provided and the General Secretariat shall ensure that appropriate measures are taken to protect the confidentiality of information, which the General Secretariat determines to be confidential or commercially sensitive.

Article (131)

The recipient of an Information Request shall cooperate fully and shall provide true and complete answers to the questions posed within the timeframe established by the General Secretariat.

Article (132)

If a recipient of an Information Request does not furnish the requested information within the time stipulated by the General Secretariat, the General Secretariat may base its decisions or any other actions on the best alternative data available to it, and may collect the alternative data from published reports issued by third parties, relevant benchmarks, and reasonable estimates based on known data.