Part One Preamble
Part Three: The General Authority for Regulating the Telecommunications Sector and the Digital Government
Chapter One: Establishment of the Authority
Chapter Two: Functions, Powers and Responsibilities of the Authority
Part Four: Reorganisation of the Telecommunications Sector
Chapter One: ETISALAT
Part Eight: Transitional Provisions
Part Nine: Penalties
Part One Preamble
Article (1)
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 Authorities: Federal ministries, local departments, authorities and public corporations and institutions linked thereto, including the Armed Forces, the Police, the intelligence and security services of the State. Any commercial company or establishment owned by any of the foregoing or in which any of the foregoing may have an interest shall be excluded.
TDRA: Telecommunications and Digital Government Regulatory Authority (TDRA).
Board of Directors: TDRA Board of Directors.
Chairman of the Board: Chairman of the TDRA Board of of Directors.
Board Members: Persons appointed as Members of the Board in accord-ance with this Decree-Law.
Director General: Director General of the Authority.
Executive Regulation: Executive Regulation issued in accordance with the provisions of the Law.
Regulated Activities: The operation of a Public Telecommunication Network or the supply of a Telecommunication Service to users and all other types of services specified by the Board of Directors pursuant to the provisions of this law.
Licensees: Etisalat and such legal persons as may be licensed by TDRA pursuant to the provisions of the law and its Executive Regulation.
Licensing or License: The authorization issued pursuant to the provisions of the Law and Executive Regulations thereof, which allows the Licensee to carry out any of the regulated services.
Interconnection: The linking by whatever means of Telecommunication Networks in order to allow users of one entity to communicate with users of the same or another entity or enabling the users to make use of Telecommunication Services provided by another entity.
Interconnection Agreement: An agreement under which the interconnection shall be achieved pursuant to the rules and conditions issued by TDRA.
Telecommunications Network: A system comprising one or more items of apparatus or means of communication medium for broadcasting, transmission, switching or receiving of Telecommunication Services, by means of electric, magnetic, electromagnetic, electrochemical or electromechanical energy and any other means of communication medium.
Public Telecommunications Network: Telecommunications network through which public telecommunications services are provided to subscribers by Licensees in accordance with this Law.
Private Telecommunications Network: Telecommunications network operated strictly for the benefit of a certain entity or group of entities under a single ownership 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 TV and Radio transmission.
5. Signals used to operate and control any machines or devices.
6. Installing, maintaining, adjusting, repairing, replacing, moving or removing equipment that is or will be connected to a public telecommunications network.
7. Installation, maintenance and operation of networks for telegraph, telephone, telex, leased circuits, domes-tic and international data networks, internet and wireless transmission.
8. Any other telecommunications services approved by the Board of Directors.
Telecommunications services do not include public broadcasts.
Public Telecommunications Services: Any telecommunications service generally provided to subscribers or to a group of subscribers for a fee.
Wireless Transmission: The transmitting or receiving of electromagnetic energy which may be used for the conveyance of data, or messages or voice or visual images, or for the operation or control of machinery or apparatus.
Telecommunications Apparatus: Apparatus made or adapted for use in transmitting, receiving or conveying any of the Telecommunication Services through a Telecommunication Network dedicated thereto.
Etisalat Corporation: Emirates Telecommunications Corporation regulated by Federal Law No. (1) of 1991 regarding the Emirates Telecommunications Corporation.
Private Land: Land owned, granted or leased to an person other than a government entity.
Public Land: All land under the control or ownership of any Public Institution but excluding any Private Land.
Law: Federal Decree-Law No. (3) of 2003 Concerning Regulating the Telecommunications Sector, as amended.
Part Three: The General Authority for Regulating the Telecommunications Sector and the Digital Government
Chapter One: Establishment of the Authority
Article (6)
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.
Article (10)
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.
Chapter Two: Functions, Powers and Responsibilities of the Authority
Article (12)
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.
Article (13)
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.
Part Four: Reorganisation of the Telecommunications Sector
Chapter One: ETISALAT
Article (26)
The Emirates Investment Authority shall be entrusted, as of the enforcement date of provisions of this Decree-Law, with the responsibility of representing the Government in the corporations and companies in which the Government has a share in the telecommunications sector and of exercising the necessary powers, unless the laws incorporating such corporations and companies, or its by-laws stipulate otherwise.
Part Eight: Transitional Provisions
Article (62)
ETISALAT shall, within 90 days from the date on which this Decree-Law comes into force, provide the Authority with the following:
1. Copies of all licenses and permits related to specific classes of equipment as defined therein and current permits related to ETISALAT equipment and other relevant documents issued by ETISALAT under Federal Law No. (1) of 1991 regarding the Emirates Telecommunications Corporation.
2. Copies of all decisions and regulations containing the technical specifications of the telecommunications equipment provided by ETISALAT under the law mentioned in the preceding paragraph.
3. Other information within ETISALAT's possession or control which the Authority might need in order to evaluate the current position of the telecommunications sector in the UAE.
Article (63)
The Ministry of Communications shall, within 90 days from the date on which this Decree-Law comes into force, provide the Authority with any information and documents it requests for the purpose of evaluating the current position of the telecommunications sector in the UAE.
Part Nine: Penalties
Article (80)
Article (80)
Subject to any applicable transitional provisions in this Decree-Law, Federal Law No. (1) of 1991 regarding the Emirates Telecommunications Corporation shall be amended as follows:
1. Articles (10), (11), (12), (13), (14), (15), (16), (17), (18), (19), (40), (42), (43), (44), (45), (46) and (48) shall be repealed.
2. Article (1) shall be amended by deleting the following words and expressions and their definitions:
a. Minister.
b. Telecommunications Equipment.
c. Schedule.
d. Utility Lines.
3. Article (24) of Federal Law No. (1) of 1991 shall be amended by adding at the beginning the following:
"Subject to the regulations, directives, decision and rules issued by the General Authority for the Regulation of the Telecommunications Sector and the Digital Government."
4. The second paragraph of Article (41) of Federal Law No. (1) of 1991 shall be amended to read as follows:
"The Articles of Association shall be adopted pursuant to a resolution of the Board of Directors. The Article (s of Association shall be amended or replaced by decision of the Board of Directors Overseeing the Telecommunications Sector."
5. Articles (4), (21), (25), (31), (33) and (47) of Federal Law No. (1) of 1991 shall be replaced by the following text:
Article (4)
1. ETISALAT shall deliver wire and wireless communications and operate, maintain and develop the telecommunications system in the UAE and provide such communication services between the UAE and other countries. In order to attain its objectives, ETISALAT shall undertake, among others, the following functions:
a. Constructing, maintaining and operating telegraph, telephone and telex networks, and local and international leased circuits and data transmission services.
b. Constructing, maintaining and operating video transmission networks, excluding public broadcasts.
c. Managing, delivering, leasing and dealing in telephone services.
d. Planning, constructing, and acquiring transmission and reception stations for use in connection with ETISALAT's activities.
e. Providing consultation and training in the area of wire and wireless communications.
f. Preparing, printing and distributing telephone directories, business directories (The Yellow Pages), publications, information, data and other material pertaining to the telecommunications services and support activities provided by ETISALAT for purposes related to media, commerce, advertising or otherwise.
2. Without prejudice to the attainment of its principal objectives, ETISALAT will be entitled to seek out, on the advice of the Board, investment opportunities in the commercial, financial or service sectors that will give ETISALAT good yield and profit, in accordance with the applicable laws in force in the UAE.
3. For the purpose of attaining the objectives mentioned in this Article (ETISALAT shall:
a. Conclude contracts and agreements.
b. Establish companies, enter into partnerships or acquire interest in companies and partnerships in accordance with the applicable laws in force in the UAE.
Article (21)
Based on the regulations issued by The General Authority for Regulating the Telecommunications Sector and the Digital Government, the Board shall determine the fees payable for the services provided by ETISALAT, the guidelines and conditions for the provision of those services and the form of contracts made between ETISALAT and users.
Article (25)
The Corporation's administration shall be carried out by a board of directors formed of eleven members, seven of whom represent the government, including the Chairman thereof, where the said members shall be assigned under a Federal Decree, and where the remainder of members shall be elected by stakeholders for a term of three years.
It shall be permissible to assign or elect the member for more than once in accordance with the provisions of the Articles of Incorporation.
Article (31)
Each shareholder in ETISALAT is entitled to attend meetings of the General Assembly to discuss matters listed on the agenda and direct questions to the members of the Board which must provide good, detailed answers that do not oppose ETISALAT's interests. A shareholder may ask the General Assembly to review an answer he is not satisfied with, and the General Assembly's decision will be final and enforceable. The Minster of State for Finance & Industry shall represent the Government at the General Assembly.
Article (33)
ETISALAT shall comply with the general policy set by the Board of Directors Overseeing the Telecommunications Sector and with any specific or general directives the Committee may issue in this regard.
Article (47)
The Board shall issue the administrative and financial set of rules by which ETISALAT will be run and shall fix the terms of employment of ETISALAT staff in a manner consistent with the decisions issued by the Board of Directors Overseeing the Telecommunications Sector.
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