The Egyptian Telecommunications Regulatory Law, one of the largest markets in Africa and the Arab world, is characterized by fierce competition, as the telecommunications industry in Egypt in the past few years has witnessed a number of tremendous changes, this industry has recorded high growth rates in terms of revenues and subscribers in the mobile and Internet markets, and within the framework of implementing MCIT strategy to build digital Egypt, the Telecommunications Regulatory Law No. 10 of 2003 was developed, which obliges investors and telecommunications service providers to comply with the regulations and standards set by the National Telecommunications Regulatory Authority, so that they can join the market or launch a new service.
The Telecommunications Regulation Law No. 10 of 2003 includes provisions that impose essential obligations applicable to all public and private entities and companies.
and the most important of these provisions and obligations are as the following:
(1) All entities and companies operating in the field of telecommunications are obligated to provide the regulatory authority with requested reports, statistics, or information related to their activities, except for those concerning national security.
(2) Establishing, operating, or advertising telecommunications networks or services to third parties, including international calls, without a license from the regulatory authority is prohibited under this law.
- However, setting up a private telecommunications network without wireless systems does not require a license from the authority.
(3) Licensed operators are required to notify the regulatory authority of private networks established on their infrastructure.
(4) Providers of various telecommunications services are obliged to achieve interconnection among themselves through:
- Disclosing technical specifications and data related to the services provided and necessary for achieving interconnection, to allow awareness for any of the service providers.
- Entering agreements to achieve the aforementioned interconnection under reasonable terms that do not discriminate among service providers, with the agreement being submitted to the regulatory authority for approval or joining agreements established and approved by the authority in this regard.
- Providing necessary data to prove and determine the extent of damage incurred on a service provider as a result of actions by a subscriber of another service provider, upon the request of the affected service provider and with the approval of the regulatory authority.
The regulatory authority establishes rules and conditions to achieve the mentioned interconnection, in case of disagreement among service providers and upon the request of any of them.
(5) Article No. “30” of this law prohibits providers of multiple licensed telecommunications services from subsidizing one of these services at the expense of another, and this prohibition applies even if the supported service does not require a license or if the support is directed to a specific product related to the provided service.
- However, the board of the regulatory authority, taking into account the rules specified in Article No. “2” of this law, may exempt a telecommunications service from this prohibition by a reasoned decision and for a specified period.
(6) Under no circumstances may a licensee transfer to others the license issued to them for the establishment or operation of networks or the provision of telecommunications services without obtaining prior approval from the regulatory authority, according to the conditions specified by the board of directors.
(7) The licensee for establishing a telecommunications network is entitled to lay cables, install connectors, erect poles or towers, or structures on public infrastructure such as roads, streets, waterways, and railway lines, after obtaining required approvals, licenses, and permits from the armed forces and relevant authorities. Environmental and health standards must be considered before commencing such work, including maintenance or modifications of these facilities.
(8) The licensee is obliged to take all necessary measures to protect existing facilities and structures while constructing, maintaining, or modifying their network. They are also required to restore any affected property to its original condition at their own expense and provide appropriate compensation for any damage or destruction incurred to these facilities or structures.
(9) Environmental impact assessments must be considered when implementing telecommunications networks, along with adherence to environmental management systems and the protection of planted trees along roads, lands, and surrounding areas.
(10) When establishing a telecommunications network or providing telecommunications services while conducting the activities outlined in Articles No. “39 and 40” of this law, the licensee must ensure that these activities are carried out in a manner that does not pose a threat to the safety of adjacent or neighboring properties or their occupants.
(11) It is prohibited to engage in any activity related to communication equipment, including importing, manufacturing, assembling, possessing, using, operating, installing, or marketing, without obtaining permission from the regulatory authority.
- Approval from the armed forces, national security agency, and Ministry of Interior is required before engaging in such activities, including granting permits for state administrative units, ministries, departments, agencies, local administration units, authorities, companies, individuals, and others. This applies to specified communication equipment, as determined by the Minister of Defense in coordination with national security agencies.
(12) The use of frequencies or frequency bands is not permitted without obtaining a license from the regulatory authority. The authority sets the necessary conditions and rules for granting this license, and announces the rules and procedures to be followed to apply for the license. The licensee must use frequencies or frequency bands in accordance with the license conditions, and in case of violation, the authority has the right to revoke the license.
(13) Possession, installation, or operation of any wireless device within the country is not allowed without obtaining approval from the regulatory authority, according to specified terms and conditions.
- However, this provision does not apply to radio and television broadcasting devices for the services of the Broadcasting Union that operate within the allocated frequency spectrum without affecting other services.
- In this case, the Broadcasting Union is required to notify the authority of the possession, installation, or operation of these devices.
(14) Licensees using frequencies are not permitted to transfer this license to others without the approval of the regulatory authority.
(15) Article No. “64” of this law mandates that operators, providers of telecommunications services, their subsidiaries, and users of these services must refrain from using encryption devices without approval from the regulatory authority, armed forces, and national security agencies. However, this requirement does not extend to encryption devices used for radio and television broadcasting.
While respecting citizens’ privacy protected by law, every operator or service provider must, at their expense, provide technical capabilities within their licensed telecommunications network, including equipment, systems, software, and communications, enabling the armed forces and national security agencies to exercise their authority within legal limits. The provision of service must align with providing the required technical capabilities. Additionally, providers, operators, and their authorized agents must market these services by obtaining accurate information and data about users from citizens and various governmental entities within the state.
For more knowledge about the Telecommunications Regulatory Law, contact “Consortio Law Firm” now through the phone number 002 01028806061 or via WhatsApp or email Info@consortiolawfirm.com.
