Article 1
The terms and expressions defined in Article One of the Act and Article One of the Ordinance shall have the same meaning in this Bylaw. In addition, the words and expressions set out in this Bylaw shall have the meanings assigned below:
1.1 “access” means, for the purposes of Articles of this Bylaw, the making available of telecommunications facilities by one service provider to another for the purpose of providing telecommunications services;
1.2 “aeronautical service” means a radiocommunication service that provides for the safety and navigation and other operations of aircraft, and may also include the exchange of air-to-ground messages on behalf of the public;
1.3 “affiliate” in relation to a service provider, means a person who controls the service provider, or who is controlled by the service provider or by any other person who is controlled by the person who controls the service provider;
1.4 “amateur radio service” means a service using radiocommunication in which radio apparatus is used for the purpose of self-training, intercommunication or technical investigation by individuals who are interested in radio technique solely with a personal aim and without pecuniary interest;
1.5 “individual license” means a telecommunications license issued by the Commission that authorizes an individual service provider to provide telecommunications services in accordance with the conditions set out in the license;
1.6 “class license” means a telecommunications license issued by the Commission that authorizes all service providers that fit within the class described in the license to provide telecommunications services in accordance with the conditions set out in the license;
1.7 “Commission statute” means the Act, the Ordinance, this Bylaw, any other Bylaw adopted under the Act or any other legal instrument that is enforceable by the Commission;
1.8 “control” means control in any manner that results in control in fact, whether directly through the ownership of shares or other securities or indirectly through an agreement, arrangement or otherwise;
1.9 “decision” means an instrument in writing made or issued by any of the Minister, the Board, the Governor, the Commission or a decision-making body existing pursuant to a Commission statute;
1.10 “designated confidential information” means information designated as confidential pursuant to this Bylaw and the Rules of Procedure;
1.11 “dispute” means a failure by service providers to agree on (a) the terms and conditions of interconnection (b) access to, or quality of, telecommunications service provided by one to the other, or (c) any other matter that is within the jurisdiction of the Commission;
1.12 “dominant service provider” means a service provider designated as such by the Commission pursuant to Chapter 4 of this Bylaw;
1.13 “equipment license” means a license issued in accordance with Chapter 12 of this Bylaw;
1.14 “essential facility” means a facility associated with a telecommunications network or service supplied exclusively or predominantly by a single service provider or a limited number of service providers, and that cannot practically be substituted by competitors for economic or technical reasons;
1.15 “Expropriation Act” means the Expropriation of Real Estate for the Public Interest Act issued in accordance with Council of Ministers’ Decision Number 1224 on 1/11/1392 (h) and by Royal Decree Number M/65 in 16/11/1392 (h);
1.16 “fixed service” means a telecommunications or radiocommunication service that provides for communication between fixed ground stations;
1.17 “foreign service provider” means a provider of telecommunications services that is licensed or authorized in a jurisdiction outside the Kingdom and does not hold a telecommunications license in the Kingdom;
1.18 “harmful interference” means an adverse effect of electromagnetic energy from any emission, radiation or induction that endangers the use or functioning of a safety-related radiocommunication system, or significantly degrades or obstructs, or repeatedly interrupts, the use or functioning of telecommunications and radio apparatus or radio-sensitive equipment;
1.19 “incumbent operator” means the Saudi Telecommunications Company;
1.20 “interconnection” means the physical and logical linking of telecommunications networks used by the same or a different service provider in order to allow the users of one service provider to communicate with users of the same or another service provider, or to access the facilities and/or services of another service provider. Interconnection is a specific type of access implemented between service providers;
1.21 “Interconnection Guidelines” means the guidelines published by the Commission pursuant to Chapter 5 of this Bylaw;
1.22 “interference-causing equipment” means any device, machinery or equipment, other than radio apparatus, that causes or is capable of causing interference to radiocommunication;
1.23 “license” means any license issued by the Commission including a telecommunications license, a radio license, a number license or an equipment license, save where the context otherwise indicates;
1.24 “licensee” means a person who holds a license issued by the Commission;
1.25 “maritime service” means a radiocommunication service that provides for the safety and navigation and other operations of ships or vessels, and that may also include the exchange of ship-to-shore messages on behalf of the public;
1.26 “mediation” means an amicable process in which a Commission representative conducts discussions among the parties to a dispute, designed to enable them to reach a mutually acceptable agreement;
1.27 “merger” means the acquisition or establishment, direct or indirect, by one or more persons, whether by purchase or lease of shares or assets, by amalgamation or by combination or otherwise, of control over or significant interest in the whole or a part of a business of a competitor, supplier, or other person;
1.28 “mobile service” means a radiocommunication service that provides for communications between mobile radio apparatus and
a ) fixed telephone apparatus
b ) fixed radio apparatus
c ) space stations; or
d ) other mobile radio apparatus
1.29 “National Frequency Register” means the registry that includes all information relating to frequency and as described in Article 80 of this Bylaw;
1.30 “National Telecommunications Registry” or “Registry” means the registry that includes all information, decision, and licenses and as described in Article 22 of this Bylaw;
1.31 “number” means the number, sign or other mark which a service provider uses in its delivery of telecommunications services for identification of telecommunications facilities in order to connect between the place of transmission and the place of reception, or for identification of the type of transmission the service is to deliver;
1.32 “number license” means a license related to the use of numbers issued under Chapter 11 of this Bylaw;
1.33 “number portability” means a facility by which a user can retain an existing number without impairment of quality, reliability or convenience when switching from one service provider to another.
1.34 “person” includes a natural or juridical person and includes a government or government agency, a joint stock company, a limited liability company, a sole proprietorship, or other corporate entity;
1.35 “public pay telephones” means a telephone available to the public, which may use coins, credit or debit cards, pre-payment cards or other means to pay for its use;
1.36 “public telecommunications network” means a telecommunications network used to provide telecommunications services to the public;
1.37 “radio apparatus” means a device or combination of devices capable of being used for radiocommunication, irrespective of whether such use is for telecommunications services, broadcasting or any other purpose;
1.38 “radiocommunication” means any transmission, emission or reception of signs, signals, writing, images, sounds or intelligence of any nature by means of electromagnetic waves in the frequency spectrum;
1.39 “radiodetermination service” means a service using radiocommunication that provides for the determination of the position, velocity or other characteristics of an object or physical phenomenon, or for the obtaining of information relating to these parameters, by means of the propagation properties of radio waves;
1.40 “radio license” means a license issued by the Commission pursuant to Chapter 10 of this Bylaw;
1.41 “radio-sensitive equipment” means any device, machinery or equipment, the use or functioning of which is or can be adversely affected by radiocommunication emissions;
1.42 “reference of call service” means any method of advising callers that a user’s previous number has been changed to another number, without charge to the calling persons or the user;
1.43 “Reference Interconnection Offer” has the meaning assigned to it in Article 41 of this Bylaw;
1.44 “registered party” means a person that has registered to participate in a proceeding before the Commission in accordance with the Rules of Procedure;
1.45 “Rules of Procedure” means the rules of procedure published by the Commission in accordance with Commission statutes;
1.46 “service provider” means any person licensed by the Commission that (1) provides a telecommunications service to the public, (2) operates a telecommunications network used by that person or by another person to provide a telecommunications service to the public, or both;
1.47 “tariff” means a rate, charge, price or other money or non-money consideration charged by or paid to a service provider for or in relation to a telecommunications service or a telecommunications facility;
1.48 “telecommunications equipment” means radio-apparatus, radio-sensitive equipment, interference-causing equipment and any other device, apparatus, product, tool, machinery, equipment or thing (1) connected to a telecommunications network or (2) the use of which may affect technical ability to provide telecommunications services;
1.49 “telecommunications facility” means any facility, apparatus, software, service or other thing used or capable of being used for telecommunications or for any operation directly connected with telecommunications;
1.50 “telecommunications license” means an individual license or a class license;
1.51 “telecommunications transmission system” means any wire, cable, radio, optical or other electromagnetic system, or any similar technical system used for telecommunications, and includes the distribution cabinets, poles, ducts, towers, masts and other supporting structures for such systems;
1.52 “telemarketing” means a campaign or practice of using telephone communication to promote the supply or use of a product or service;
1.53 “Terms of Service” means the general terms and conditions upon which a service provider shall provide its services to users and which are set out in a document prepared and approved in accordance with Chapter 8 of this Bylaw. Once approved by the Commission, the Terms of Service shall, together with this Bylaw and approved tariffs, be binding upon a universal service provider and its users;
1.54 “type approval” means a method of verifying that equipment to be used in the provision of telecommunications services operates within the technical specifications applicable to its intended use and is compatible with the telecommunications networks with which it is authorized to interconnect or interact, and "type approved" shall have a corresponding meaning;
1.55 “universal access offering” means the services identified as such in a universal access policy;
1.56 “universal service offering” means the services identified as such in a universal service policy;
1.57 “universal service provider” means a service provider the Commission designates as such;
1.58 “universal access and universal service plan” means a plan submitted to the Commission by the incumbent operator, a service provider, or any other person, setting out the means by which the incumbent operator, service provider or other person, as the case may be, shall expand universal service or universal access in any part of the Kingdom;
1.59 “universal access policy” and “universal service policy” refers to a policy approved by the Ministry upon proposal from the Commission for the promotion of universal service, universal access, or both;
1.60 “intrusion” is the illegal entry by any means, by any person or service provider or a user to any part of a communication network or its contents, for any purpose or goal whether this resulted in damage or deactivation, or nothing happened due to this intrusion;
1.61 “intruder” is any person or service provider or a user who commits an intrusion for any reason;
1.62 “sources of intrusion” are places and areas through/from which the intrusion may occur, for example but not limited to: interconnection to communications network, public telephones, internet cafés, programmed internet media (cards, discs, magnetic tapes or others).
Article 2
2.1 Where this Bylaw requires something to be done in writing it may be done by electronic transmission of written words.
2.2 Except as otherwise provided in the Act a document shall be deemed to have been sufficiently published by the Commission if it is:
a ) made available for inspection at the Commission’s offices
b ) remains continuously posted and available to the public on the Commission’s official web site, and
c ) where the Commission considers it necessary in the case of any document, is also
i. published in the Official Gazette; and
ii. a summary of it is published in one or more newspapers of wide circulation within the Kingdom
2.3 Where this Bylaw requires a document to be delivered to the Commission’s official electronic address and the official electronic address is not operational, a paper copy of the document shall be delivered to the Commission’s official location for filing documents.
2.4 Where in this Bylaw the context so requires, words in the singular include the plural, and words in the plural include the singular.
2.5 Where a Commission statute requires or prohibits an activity by a person, the Commission may issue a decision defining parties related to that person or associated entities to that person to which such requirement or prohibition shall apply.
Article 3
3.1 The Commission, the Board and the Governor shall take such other actions and make such Bylaws or decisions as are consistent with a Commission statute and useful or necessary to fully implement and enforce Commission statutes.
3.2 The Commission may, in exercising its functions and performing its duties under a Commission statute, determine any question of fact, including whether there has been a violation of a Commission statute.
3.3 The Commission may issue a decision to order any person, subject to any conditions that it determines, to do anything the person is required to do or forbid the person from doing anything that the person is prohibited from doing under a Commission statute.
3.4 The Commission may require a service provider to install and maintain the technical or other capability required for the protection of the public interest.
Article 4
The functions conferred on the Commission or the Board other than the powers to
i. issue, or amend, or suspend or revoke fixed and mobile telephone service licenses, and
ii. approve Bylaws,
may be delegated by the Board to the Governor, or to another person or agency, to such extent and subject to such conditions as may be specified by the Commission or the Board.
Article 5 Provision of Information to the Commission and Other Persons
5.1 The Commission may require a service provider to submit to the Commission, at that service provider’s expense, any information that the Commission considers necessary for the administration of a Commission statute. The service provider shall submit the information in a periodic report or in such other form and manner as the Commission specifies.
5.2 Where the Commission believes that a person other than a service provider has information that the Commission considers necessary for the administration of a Commission statute, the Commission may require that person, at that person’s expense, to submit the information to the Commission in periodic reports or in such other form and manner as the Commission specifies, subject to the Rules of Procedure on designated confidential information.
5.3 Subject to the Rules of Procedure on designated confidential information, the Commission shall make available for public inspection any information submitted to the Commission in the course of proceedings before it.
5.4 The Commission may issue a decision compelling any person to submit information requested under paragraphs 5.1 and 5.2 of this Article.
5.5 Where a person compelled to submit information under paragraph 5.4 of this Article is a licensee, it shall provide the information requested within any time specified in the Commission’s decision. Where it cannot provide the information as requested, it shall immediately advise the Commission and state why the information is not available and what alternative information is available that may meet the Commission’s requirements.
5.6 The Commission may accept alternative information and may reserve the right to require the licensee to provide the information originally requested at a later date.
Article 6 Appointment of Inspectors
6.1 Except as otherwise provided under the Commission statutes, for the purposes of enforcing the provisions of a Commission statute, a decision made pursuant to a Commission statute, or a license, the Governor may appoint any person as an inspector and authorize that person, in co-ordination with the appropriate law enforcement authorities, to enter any premises being used by a licensee or any premises the Governor reasonably believes may contain evidence related to a violation or breach of the Commission statute, decision or the conditions of a license, and:
a ) require to be produced, inspect and take copies of any license, permit, certificate or other document required under Commission’s statutes;
b ) require to be produced, inspect and examine any appliance, device, equipment or other facilities used in relation to telecommunications operations;
c ) in the case of a licensee, inspect or instruct, at the expense of the licensee, a technical expert to inspect telecommunications facilities or radio apparatus including devices for the measurement of service quality and for the computation of usage prices or to install the Commission’s own measuring devices; and
d ) in the case of a service provider, inspect or instruct at the expense of the service provider an inspector to inspect files, records, data and other documentation of the service provider with a view to effectively supervise and enforce pricing and interconnection tariffs in accordance with the Commission statutes
6.2 An inspector appointed under paragraph 6.1 of this Article may seize papers, electronic records or other objects, and may require electronic records to be produced which may be relevant as evidence in ongoing or future investigations, or proceedings.
6.3 All persons shall co-operate fully with an inspector operating within the scope of an appointment under paragraph 6.1 of this Article.
Article 7 Disconnection
7.1 Where the Governor believes that there is a risk of imminent harm to a telecommunications network or a person, or where a frequency is used contrary to a Commission statute, decision or license, and after giving reasonable notice to the persons affected, the Governor may order a service provider to disconnect any of its telecommunications facilities from any other telecommunications facilities, if the Governor considers such disconnection necessary to prevent a violation of a Commission statute or any license or decision made pursuant to this Bylaw.
7.2 Subject to paragraph 7.1 of this Article, the Governor may require a disconnection to be made at or within such time, and subject to such conditions, if any, regarding compensation or otherwise, as the Governor determines to be just and expedient.
Article 8 Appointment of Inquiry Officers
8.1 The Governor may appoint any person as an inquiry officer to inquire into and report to the Commission on any matter pending before the Commission or within the Commission’s jurisdiction under a Commission statute.
8.2 For the purposes of an inquiry, an inquiry officer shall have the powers of an inspector under paragraphs 6.1 (a) and (b) and 6.2 of Article 6 of this Bylaw.
8.3 The Rules of Procedure respecting the confidential designation and the disclosure of information to the Commission apply in respect of any information submitted to an inquiry officer, or obtained in proceedings before an inquiry officer.
8.4 All persons shall co-operate fully with inquiry officers operating within the scope of an appointment under paragraph 8.1 of this Article.
Article 9 Licensing and Other Fees
9.1 In accordance with the Commission statutes, the Commission may establish fees for:
a ) the commercial provision of telecommunications services;
b ) issuance and renewal of telecommunications licenses;
c ) issuance and renewal radio licences for use of frequency spectrum;
d ) issuance and renewal of number licenses;
e ) issuance and renewal of licenses for use of telecommunications equipment; and
f ) any other function performed by the Commission pursuant to a Commission statute.
9.2 Consistent with Articles Five and Six of the Act, the Commission shall obtain approval of the Council of the Ministers for the fees to be charged under paragraphs 9.1(a), 9.1(b), and 9.1(c) of this Article for fixed and mobile telephone services.
9.3 The Commission shall propose the amount and classification of the fees to be charged pursuant to paragraph 9.1(c) of this Article and refer the proposal to the Ministry for approval in accordance with Article Three of the Ordinance.
9.4 The Commission shall establish fees under paragraphs 9.1 of this Article in accordance with the following principles:
a ) fees shall be transparent, non-discriminatory, objectively justifiable and appropriate for the type of service licensed;
b ) the level of fees shall take into account the need to foster the development of competition and innovative services; and
c ) fees shall reflect the need to provide for the optimal allocation of scarce resources such as frequency spectrum and numbering
9.5 The Commission shall, when determining the level of fees charged under paragraph 9.1 (f) of this Article, take into account that:
a ) the total amount of fees charged by the Commission shall be intended to recover its total costs associated with regulation and not to generate excess revenues;
b ) the total amount of fees charged by the Commission and intended to recover its total costs associated with regulation shall be distributed proportionately among service providers according to principles to be determined by the Commission