⚠ आधिकारिक अनुवाद — अरबी मूल कानूनी रूप से बाध्यकारी संस्करण है।
90 अनुच्छेद
Regulating Telecommunications
We, Zayed bin Sultan Al Nahyan, President of the United Arab Emirates,
- After having reviewed the Constitution; and
- Federal Law No. (1) of 1972 on the Competences of the Ministries and the Capacities of the Ministers, as amended; and
- Federal Law No. (7) of 1973 regarding wireless systems and communications, as amended; and
- Federal Law No. (7) of 1976 establishing the State Audit Institution, as amended; and
- Federal Law No. (8) of 1984 regarding commercial companies, as amended; and
- Federal Law No. (5) of 1985 promulgating the Civil Transactions Code, as amended; and
- Federal Law No. (3) of 1987 promulgating the Penal Code; and
- Federal Law No. (1) of 1991 regarding the Emirates Telecommunications Corporation; and
- Federal Law No. (10) of 1992 promulgating the Law of Proof in Civil and Commercial Transactions; and
- Federal Law No. (18) of 1993 promulgating the Code of Commercial Practice; and
- Federal Law No. (7) of 1999 promulgating the Pensions and Social Security Code; and
- Based on the recommendations put forward by the Chairman of the Cabinet, approved by the Cabinet, Hereby promulgate the following Decree-Law:
Part One Definitions
In this Decree-Law the following words and expressions shall have the meaning set out opposite unless the context shall require otherwise: State : United Arab Emirates.
Government : Government of the United Arab Emirates.
Government Entities : Federal ministries, local departments and public authorities, entities, corporations and agencies which are subject to Government control including the Armed Forces, Police and State Security Forces but excluding commercial companies and establishments even if the Government owns the company or establishment or holds an interest therein.
High Committee : Committee appointed to oversee the telecommunications sector in accordance with Article (2) of this Decree-Law.
Authority : The General Authority for Regulating the Telecommunications Sector and the Digital Government.
Board : Board of Directors of the Authority.
Chairman : Chairman of the Board of Directors of the Authority.
Board Members : Persons appointed as Members of the Board in accordance with this Decree-Law.
General Manager : General Manager of the Authority.
Implementing Regulations : Implementing Regulations issued in accordance with this Decree-Law.
Regulated Activities : Operating a public telecommunications network and providing telecommunication services to subscribers in ad- dition to any other activities the High Committee specifies in accordance with this Decree-Law.
Licenses : ETISALAT and corporate entities to which the High Commit- tee grants licenses in accordance with this Decree-Law and its implementing regulations.
License : Authorization issued in accordance with this Decree-Law and its implementing regulations, permitting the Licensee to carry on any of the regulated activities.
Interconnection : Linking of electronic communications networks used by the same or a different undertaking in order to allow the users of
one undertaking to communicate with the users of the same or another undertaking, or to access services provided by an- other undertaking.
Interconnection Agreement : Agreement by which interconnection is established in ac- cordance with the guidelines and terms issued by the Au- thority.
Telecommunications Network : System consisting of one or more communications equip- ment or devices that transmit, broadcast, convert, or receive a telecommunications service by electrical, magnetic, elec- tromagnetic, electrochemical or electromechanical means or other means of communication.
Public Telecommunications Network : Telecommunications network through which public tele- communications services are provided to subscribers by Li- censees in accordance with this Decree-Law.
Private Telecommunications Network : Telecommunications network operated strictly for the bene- fit of a certain entity or group of entities under a single own- ership in order to serve their own particular needs.
Telecommunications Services : Delivering, broadcasting, converting or receiving, through the Telecommunications Network, the following:
1. Wire and wireless communications.
2. Voice, music and other audio material.
3. Viewable images.
4. Signals used for transmission with the exception of pub- lic broadcasts.
5. Signals used to operate and control any machinery or equipment.
6. Installing, maintaining, adjusting, repairing, replacing, moving or removing equipment that will be linked to or interconnected within a public telecommunications net- work.
7. Constructing, maintaining and operating telegraph, tele- phone and telex networks, local and international leased circuits and data transmission services, the Internet and wireless transmission services.
8. Any other telecommunications services approved by the High Committee. Telecommunications services do not include public broad- casts.
Public Telecommunications Services : Any telecommunications service generally provided to sub- scribers or to a group of subscribers for a fee.
Wireless Transmission : Sending and receiving electromagnetic energy that can be used to deliver information, messages, voice and visible im- ages or to operate or control machinery or equipment.
Telecommunications Equipment : Equipment that is manufactured or designed to send, receive and deliver telecommunications services through a dedi- cated telecommunications network.
Etisalat : Emirates Telecommunications Corporation regulated by munications Corporation.
Private Land : Land owned, granted or leased to an entity other than a gov- ernment entity.
Public Land : Any land, other than private land, which is under the control or ownership of a government entity.
Part Two High Committee Overseeing the Telecommunications Sector
A committee called the "High Committee Overseeing the Telecommunications Sector" shall be set up to oversee the telecommunications sector. The Committee shall be comprised of 3
members, including the Chairman, and shall represent the office of the President of the UAE and the office of the Vice-President of the UAE and Ruler of Dubai and the Cabinet. The members shall be appointed by federal decree and shall be paid remuneration for serving as members on the Committee. The High Committee shall have all the powers necessary to carry out its functions under this Decree-Law.
The High Committee shall in particular:
1. Issue the implementing regulations of this Decree-Law
2. Determine the overall policy of the telecommunications sector in the UAE and oversee its enforcement
3. Issue general directives and instructions on matters relating to the telecommunications sector in the interest of national security or international relations
4. Issue decisions, rules, regulations and directives for the enforcement of this Decree-Law and its implementing regulations including decisions approving the establishment of corporate entities that intend to operate in the telecommunications sector, fixing fees for the services and facilities that will be provided to Licensees and determining the authority responsible for collecting such fees
5. Issue, renew, cancel and suspend licenses in accordance with this Decree-Law and its implementing regulations
6. Fix fees for the licenses it issues
7. Fix fees for permits, approvals and services which the Authority will secure or provide in accordance with this Decree-Law or its implementing regulations
8. Other functions entrusted to it under this Decree-Law The High Committee may delegate some of its functions to the Authority.
The High Committee will be allocated appropriate funds in the State Budget in order to meet its financial requirements and obligations.
The High Committee shall decide upon internal regulations for its activities and the conduct of its meetings as well as conditions, provisions, and the remuneration payable to assisting staff. The High Committee is not subject to audit requirements enforced by the State Audit Institution under the law establishing it.
Part Three The General Authority for Regulating the Telecommunications Sector and the Digital Government Section One Establishment of the Authority
An independent authority called the "The General Authority for Regulating the Telecommunications Sector and the Digital Government" shall be established to carry out the responsibilities and functions entrusted to it under this Decree-Law and its implementing regulations.
The Authority shall have an independent legal personality with full authority and capacity to perform legal acts in accordance with this Decree-Law, including the capacity to contract, acquire and lease movable and immovable assets and sue. The Authority shall enjoy financial and administrative independence with respect to all its affairs.
The Authority shall have its headquarters in Abu Dhabi and a branch office in Dubai. The Board of Directors may open other offices inside the UAE.
The Authority shall conduct its activities in accordance with this Decree-Law and its
implementing regulations. The Authority shall have the power to issue regulations pertaining to financial and administrative matters, contracts and purchases, staff and staff disciplinary procedure without having to comply with the applicable laws, decisions, rules and regulations of the Government.
a. The Authority shall be managed by a Board of Directors, whose formation and competences shall be determined pursuant to a Federal Decree, for a term of 4 years – renewable for similar periods; and the Board shall have the following competences:
1. Issue the implementing regulations after being approved by the Cabinet.
2. Prepare the State’s Telecommunications Sector’s supreme policy, submit it to the Cabinet for approval, and pursue its execution after being approved.
3. Issue any general guidelines or instructions related to the Telecommunication Sector, based upon the requirements of the national security or international relations, after being approved by the Cabinet.
4. Issue the resolutions, rules, regulations, and instructions related to implementing the provisions of this Law and its implementing regulations, including resolutions incorporating legal persons operating in the Telecommunications Sector, determine fees of services and facilities provided to the licensees, and the entity to which these fees shall be sent to.
5. Issue, extend, cancel, or suspend licenses in accordance with the provisions of this Law and its implementing regulations.
6. Determine the fees of licenses, permits, approvals, and services issued, provided, or supplied by the Authority in accordance with the provisions of this Law, its amendments, and its implementing regulations.
7. Issue internal regulations related its activity.
8. Any other competences entrusted to him in accordance with the provisions of this Law and its implementing regulations.
b. The Authority shall have a Director General, appointed pursuant to a Federal Decree, and the latter shall be the Authority’s legal representative as well as the person responsible
between the Board of Directors for managing daily activities; the implementing regulations shall determine his competences.
(Repealed by Federal Decree-Law No. 5 of 2008) The High Committee may decide to remove a director prior to the end of his term of office for any of the following reasons:
1. The Director has been convicted of a felony or misdemeanor that constitutes a breach of honor or trust.
2. Disciplinary reasons.
3. Inability to perform his duties due to health reasons.
Section Two Functions, Powers and Responsibilities of the Authority
The Authority is responsible for overseeing the telecommunications sector and Licensees in accordance with this Decree-Law and its implementing regulations and the directives issued by the High Committee. The Authority shall make appropriate recommendations to the High Committee about the general policy of the sector. At the end of each financial year the Authority shall submit to the High Committee a report on its activities during the preceding year.
When carrying out its functions in accordance with this Decree-Law and its implementing regulations, the Authority shall strive to attain the following objectives:
1. Provide the widest possible range of nationwide telecommunications services to those who desire them
2. Ensure that the telecommunications sector provides high quality and efficient services to subscribers
3. Ensure that Licensees comply with performance quality standards and satisfy the terms of their licenses
4. Foster, promote and develop the telecommunications and information systems industry in the UAE
5. Work towards developing and modernizing telecommunications systems in the UAE through establishing a training and qualification system as well as relevant educational institutes and procuring the needed technology and state of the art equipment and facilities related to telecommunications
Subject to Articles (3) and (12) of this Decree-Law the Authority shall be solely responsible for issuing regulations, directives, decisions and guidelines in relation to the following:
1. Charges and fees collected by Licensees in the manner directed by the High Committee.
2. All matters related to use and interconnection within telecommunications networks, telecommunications services provided by Licensees and Licensees' rights to use resources and to request right to share essential infrastructure including terms related to the costs of interconnection and the right to use and share resources and time slots, rules governing the negotiation and completion of agreements between those concerned with the above matters and rules for the resolution of disputes between the parties to such agreements.
3. Terms and standards of services provided to subscribers by Licensees including, quality assurance standards for services and terms regarding the provision of services and the resolution of subscribers' complaints and disputes, subscriber information access, use of information by subscribers and subscriber billing.
4. Specifications of the equipment used by Licensees including technical standards and classes of equipment.
5. Importing, manufacturing, using and operating telecommunications equipment and approvals concerning such equipment.
6. Devising a numbering plan that establishes a framework for the allocation and portability of numbers.
7. Frequency spectrum allocated to the telecommunications sector under this Decree-Law
including the allocation, reallocation and use of such frequencies.
8. Terms for providing, setting up and operating directory assistance.
9. Guidelines on preventing the "jamming" of telecommunications in the UAE by radio and electrical signals and other means.
10. Qualifying persons to install, connect, modify and service telecommunications equipment.
11. Publication of notices related to telecommunications equipment.
12. Other responsibilities that may be entrusted to it by the High Committee.
13. Proposing and preparing strategies, policies and legislation related to the integrated digital development of the Emirates' Government, including digital networks, systems, programs, services and platforms; and monitoring the implementation of these following their approval by the Cabinet.
14. Proposing, preparing and implementing systems and guides related to digital government services, including the standards of usage and optimization for information technology and telecommunications projects by federal government bodies.
15. Coordinating programs and projects of the Emirates' Government in the field of technology and digital development, and providing technical advice to the various federal government bodies to ensure an advanced digital environment.
16. Preparing, implementing and managing programs and projects of digital transformation for services of the Emirates' Government in coordination with certain bodies, and in accordance with the best scientific practices of designing, developing and providing the services.
17. Establishing and managing the digital governmental enablers including the systems, networks and digital governmental infrastructure of the Federal Government – in accordance with the best advanced technical solutions, programs and specifications – so as to enhance the efficiency and effectiveness of the Federal Government's digital systems and programs, and to support integration and interconnection between the different systems.
18. Establishing technical standards and specifications for the digital government and filing reports to the Cabinet on the extent to which the federal government bodies comply with
these standards and requirements, so as to enhance efficiency and integration.
19. Coordinating with certain bodies in the State to ensure that the digital governmental systems and enablers, the networks, and the digital governmental infrastructure of the Federal Government comply with the standards and requirements, so as to enhance their readiness to address and meet risks and threats.
20. Developing and implementing governmental programs to improve the quality and efficiency of digital governmental services, and the provision of an exceptional and seamless customer experience.
21. Developing and implementing an integrated system to monitor and evaluate the performance of the digital services of the Emirates' Government in order to improve the quality and efficiency of the services, and the provision of an exceptional and seamless customer experience.
Section Three Financial Affairs
The financial year of the Authority shall be from 1st January to 31st December in each year. The first financial year of the Authority shall begin on the date on which this Decree-Law takes effect and end on the 31st of December of the next following year.
The Authority shall have an independent budget. The High Committee shall issue the budget for the first financial year and the General Manager shall prepare the budget for each subsequent year for it to be approved by the Board of Directors then issued by the High Committee.
The financial resources of the Authority consist of the following:
1. Allocations made to the Authority in the State Budget.
2. Fees the High Committee charges for licenses in accordance with this Decree-Law, its implementing regulations and regulations issued pursuant thereto.
3. Fees the High Committee charges for services which the Authority provides and permits and approvals it grants in accordance with this Decree-Law, its implementing regulations and the decisions of the High Committee.
4. Other revenue derived from the activities of the Authority.
5. Other financial resources approved by the High Committee.
The Authority shall collect the fees the High Committee charges for the licenses the High Committee issues and the permits, approvals and services the Authority grants and provides in addition to fees payable for frequency spectrum.
The Authority may, with the approval of the High Committee, borrow funds from the Government, banks and financial institutions in the UAE and elsewhere. The Authority has the right to issue debentures and loan agreements according to the terms specified by the Board of Directors pursuant to the decision of the High Committee.
The Authority may undertake investments in the forms approved by the Board of Directors.
The Authority and its activities shall be exempt from all taxes and Government fees.
The Authority is not subject to audit requirements enforced by the State Audit Institution under Federal Law No. (7) of 1976, as amended. The State Audit Institution shall have no involvement or concern with the day to day activities of the Authority, the resolutions of its
Board of Directors and the policies which the High Committee decides and the Authority enforces.
1. The Board of Directors shall appoint an independent auditor, registered with the relevant authorities in the UAE, to audit the Authority's accounts and prepare an audit report.
2. Once approved by the Board of Directors, the Authority shall submit a copy of its audited accounts to the High Committee together with the auditor's report.
Part Four Reorganization of the Telecommunications Sector Section One Etisalat
Etisalat no longer has the only monopoly on delivering wire and wireless communications and operating, maintaining and developing the public telecommunications system in the UAE and providing such communication services between the UAE and other countries, which it had originally been granted by Article (4) of Federal Law No. (1) of 1991 regarding the Emirates Telecommunications Corporation. The High Committee shall be responsible for levying and revising the fees which are payable to the Government for services and facilities provided by ETISALAT in accordance with the applicable laws, regulations and decisions in force at the date of issue of this Decree-Law.
Subject to any applicable transitional provisions in this Decree-Law, ETISALAT may not carry out functions formerly exercised under Federal Law No. (1) of 1991 regarding the Emirates Telecommunications Corporation which conflict with the powers, functions and responsibilities of the High Committee or the Authority referred to in this Decree-Law and its implementing regulations.
The Emirates Investment Authority shall be entrusted, as of the enforcement date of this Decree-Law’s provisions, with the responsibility of representing the government in the institutions and companies in which the government has a share in the telecommunications sector and of exercising the necessary powers, unless the laws incorporating it or its bylaws stipulate otherwise.
ETISALAT shall, within 90 days from the date on which this Decree-Law comes into force, amend its Articles of Association and the regulations incorporated within as necessary to be consistent with this Decree-Law and any regulations or decisions issued by the High Committee.
Section Two Licensed Corporate Entities
The High Committee shall decide upon the classes of regulated activities for which licenses may be issued and the criteria that must be met by applicants. A license may only be issued to a corporate entity that has been set up under a decision issued by the High Committee. The corporate entity may, after obtaining the approval of the High Committee, set up subsidiaries to engage in specific regulated activities.
Save for the provision granting UAE nationality to companies incorporated in the UAE, the provisions of Federal Law No. (8) of 1984 regarding commercial companies, as amended or replaced, shall not apply to corporate entities which are licensed in accordance with this Decree-Law to the extent of matters specifically provided for in their memoranda and articles of association approved by the High Committee. The relevant authorities shall handle the process of registering those entities.
Licensees shall accommodate special needs and requirements by contributing to the provision of such telecommunications services and equipment and ensure non- discrimination when providing the same.
Regulated activities may only be carried out after obtaining a license or exemption in accordance with this Decree-Law or its implementing regulations.
The High Committee shall determine the form and content of licenses issued in accordance with this Decree-Law. Licenses are required to contain information on the duration of their validity and any mandatory terms designated by the High Committee.
The license application should be filled out using the standard form and submitted to the Authority as soon as complete and all the information required by the High Committee is attached. The Authority will review the application and forward the results of its review and recommendations to the High Committee within 30 days of submission.
The High Committee will then decide whether or not to grant a license to the applicant. The Committee's decision will be final and binding on the applicant. The decision may not be contested by appeal or any other process.
The license granted under this Decree-Law shall not exempt the Licensee from obtaining such licenses and permits as may be required by any other Government entity to enable the Licensee to commence activity.
Section Three Exemptions
The High Committee may, at its discretion:
1. Exempt a Licensee from the requirement to comply with the conditions of his license for a specific period of time according to the terms stated in the exemption decision.
2. Grant some or all Licensees or Licensees of a particular category the benefit of a general exemption from the requirement to comply with the conditions of their licenses for a specific period of time under such terms as stated in the exemption decision. The High Committee may revoke, amend or extend any special or general exemption granted under this Article.
1. Individuals and corporate entities, including Government entities, shall not be allowed to provide telecommunications services through public telecommunications networks to customers and subscribers without having first obtained a license from the High Committee in accordance with this Decree-Law. The guidelines on constructing and operating private telecommunications networks shall be explained in the implementing regulations and the decisions of the High Committee.
2. Persons covered by the preceding paragraph must comply with the conditions and requirements related to the use of frequencies allocated to them under this Decree-Law.
Part Five Networks, Equipment & Numbering Section One Network Interconnection & Resource Sharing
The Authority shall do all things necessary to facilitate the interconnection of telecommunications networks and ensure that the parties concerned comply with the
interconnection agreements. The Authority shall have all the powers necessary to carry out this task.
1. Any dispute arising between parties to an interconnection agreement shall be referred to the Authority by one party for its final determination.
2. The Authority shall resolve disputes referred to it under this Article in the manner described in the implementing regulations.
1. A Licensee may request the Authority to determine any dispute that arises between him and another Licensee regarding shared resources and infrastructure. The Authority shall then determine the dispute.
2. The Authority may conduct an appropriate investigation and request any information it deems to be essential for determining a dispute referred to it under this Article.
3. The Authority's decision with regard to the dispute may prescribe steps for the parties to follow or specify the conditions which the Licensee may include in resource share proposals or require either party or both to conclude a resource sharing agreement according to the terms specified in the decision. The Authority's decision shall be final and binding on all the parties.
ETISALAT and its affiliated entities shall, at the request of the Authority, provide connections to Licensees who seek interconnection and shared access to telecommunication resources and infrastructure at the most convenient interconnect point specified by the Authority, in a fast, efficient and economical manner. The Authority shall in particular:
1. Comply with regulations, directives and licensing conditions concerning interconnection and resource and infrastructure sharing issued pursuant to this Decree-Law or its implementing regulations.
2. Offer and provide interconnection and shared access to telecommunications resources
and infrastructure at today's most favorable terms and conditions including those related to cost and quality unless otherwise provided in regulations issued pursuant to this Decree-Law and its implementing regulations.
3. Provide the facilities, resources and information required for interconnecting and sharing infrastructure to Licensees and their affiliated companies under conditions and quality standards equivalent to those ETISALAT provides to itself or to its affiliated entities or companies.
Section Two Equipment Permits
The Authority will be solely responsible for issuing permits and licenses for telecommunications equipment that is part of the telecommunications network or is used within the network or used to provide telecommunications services, as further described in the implementing regulations of this Decree-Law and the directives issued to the Authority by the High Committee. Telecommunications equipment may not be used, sold, offered for sale or linked to any telecommunications network except with the permission of the Authority.
Government entities in the UAE shall be exempt from the requirement to obtain a permit from the Authority in order to use telecommunications equipment.
Section Three Numbering Administration
The Authority shall distribute line switches, telephone numbers and supported functions to Licensees in accordance with this Decree-Law and its implementing regulations and the conditions laid down by the Authority in a decision taken after obtaining the approval of the
High Committee.
Part Six Regulation & Distribution of Frequencies
(Repealed by Federal Decree-Law No. 5 of 2008) The Ministry of Communications shall allocate sufficient and adequate frequency spectrum to meet the demand by existing and new telecommunication service providers.
1. A committee – called the “Coordination Committee” – shall be formed pursuant to a resolution issued by the Cabinet or whom it delegates, chaired by the Director General and the membership of representatives of the Authority in addition to representatives of the Armed Forces, Ministry of Interior, State Security Service, and the National Media Council. Representatives of other entities may be included, when necessary, pursuant to a resolution issued by the Board of Directors.
2. The Coordination Committee shall be responsible for developing a national plan for the frequencies allocated for telecommunications services, for the Board of Directors’ approval, which aims to ensure the efficacity of the frequency spectrum and its use, without any jamming or interference; and the Authority may, from time to time, request the Coordination Committee to review and amend the plan when necessary.
The national frequency plan must be consistent with international regulations related to utilization of frequency spectrum and international and regional conventions to which the UAE is party. The key aims of the national frequency plan shall be as follows:
1. Providing an orderly method for allocating frequency bands to provide telecommunications services through telecommunications networks, based on a recommendation from the High Committee.
2. Adjusting in the distribution of spectrum among existing users in order to allow for the development of new services.
3. Reallocating frequency spectrum upon the expiry of frequency spectrum permits and licenses.
The Authority shall have the competence of distributing, allocating, and cancelling the frequency spectrum, and said distribution shall be in compliance with the national frequency plan in accordance with the objective procedures and standards determined pursuant to regulations issued by the Authority.
The Authority shall, within a period of 9 months after this Decree-Law has come into force and after notifying the Ministry of Communications and the Coordination Committee, prepare and publish a plan for the reallocation of the frequency spectrum used to provide telecommunications services among existing Licensees.
No person may establish or use a wireless transmission station or install or use a wireless transmission device without first obtaining a frequency spectrum license from the Authority in accordance with this Decree-Law, its implementing regulations or the regulations and directives of the Authority.