His Majesty King Hamad bin Isa Al Khalifa issued Decree Law (18) of 2023 amending some provisions of the Telecommunications Law issued by Decree (48) of 2002, based on the proposal of the Prime Minister, and after the approval of the Cabinet.
Article 1
The definitions of (access), (public communications services), (notification), (frequency license), and (telecommunications network) included in Article (1) of the Communications Law promulgated by Decree (48) of 2002 shall be replaced, as well as the text of articles (3) Paragraph (C), Clauses (10) and (14), and (18), Paragraph (A), Clause (2), and (24), Paragraph (A), and (43), and (57), Paragraphs (B).) and (e), (58) paragraph (b), and (64) of the same law, with the following:
Access: Providing the licensed operator with access to telecommunications facilities or telecommunications services for the purpose of providing telecommunications services, including connecting telecommunications devices using wired or wireless means, and access to any physical facilities, including buildings and pipes for wires, cables, and towers, and access to mobile phone networks, and to interpretation of numbers or to networks that provide similar functions.
Public telecommunications services: Telecommunications services available to the public.
Notice: A letter addressed to the addressee by registered mail with acknowledgment of receipt or by electronic means.
Frequency License: A license to use a frequency granted in accordance with the provisions of Article (44) of this law.
Communications network: A network that allows the transmission of messages, sounds, images, or signals between one party and another by wires, radio, optical means, or any other electromagnetic means, including satellite networks.
Article (3), Paragraph (C), Clauses (10) and (14): –
10- Granting a frequency license, taking into account the national frequency plan.
14- Reviewing tariffs to ensure that they are fair and reasonable, and establishing the basis for determining them, balancing them, and any other procedures related to controlling them, to include telecommunications licenses, and determining tariffs – if necessary. This includes calculating based on the tariffs in similar telecommunications markets in other countries. And calculating the cost of providing telecommunications service.
Article (18), Paragraph (A), Clause (2):
2- The proceeds of the annual fees imposed on licenses, which are determined by a decision of the authority, provided that their percentage does not exceed 2% of the licensee’s total annual income generated from premium and ordinary licenses. The Authority may determine a fixed fee for any type of regular license through the conditions stipulated in Licensing or pursuant to a decision issued by the Authority.
Article (24) Paragraph (A): 1- It is prohibited for any person to operate a public telecommunications network or any telecommunications network that uses a telecommunications frequency, or to provide a telecommunications service in the kingdom except after obtaining a license or an exemption from the authority to do so in accordance with the provisions of this law. A decision shall be issued by the authority regulating the cases and conditions of exemption.
Article (43):
Frequency license: It is prohibited for any person to operate a telecommunications network that uses a frequency spectrum in the kingdom, or to operate or use any radio communications equipment without obtaining a frequency license from the authority.
It is permissible to use frequencies that are exempt from the requirements for obtaining a frequency license from the Authority in accordance with the terms and conditions of this exemption, determined by a decision of the authority.
Article 57, paragraphs (b) and (e):
2- The public telecommunications operator that the authority determines has a dominant position in a particular telecommunications market must publish, within three months from the date of the authority’s report that it enjoys a dominant position, and re-publish whenever the authority requests it, a reference proposal for interconnection, after the authority’s approval of this offer.
The aforementioned offer must include a complete list of the basic interconnection services, the terms of connection, and the tariff for each service.
The authority may issue an order specifying the conditions and tariffs if it does not agree with what is included in the offer in this regard, and the order shall be effective from the date of its issuance unless the authority specifies another date for that.
Terms and tariffs must be reasonable, fair, and without discrimination, and tariffs must be set on a cost basis or on equivalent tariffs in comparative telecommunications markets.
Tariffs and conditions for interconnection may vary between one operator and another if there is an objective justification for this depending on the type of interconnection being provided.
e- A public telecommunications operator in a dominant position must, upon request, provide any other public telecommunications operator access to its telecommunications network on fair and reasonable terms. This operator is not obligated to offer access to the pipeline unless the authority assesses the essentiality of the need for such access.
The authority may issue regulations on access, including a regulation on an access reference offer similar to an interconnection reference offer.
If the authority assesses that the tariffs and conditions offered for access by an operator in a dominant position are unreasonable, it may determine such tariffs and conditions as it deems appropriate.
Article (58) Paragraph (B):
b- Without prejudice to the provisions of the previous paragraph, the tariffs imposed by licensed operators for their services must be fair and just without discrimination.
The authority may review and adjust tariffs, set the basis for determining them and rebalancing plans, and take any other measures in this regard in accordance with the provisions of Clause (14) of Paragraph (C) of Article (3) of this law.
Article (64):
Universal service obligations
1- The authority may establish comprehensive service obligations to support the provision of telecommunications services to all users. These obligations are imposed on every licensed operator that the authority determines is a comprehensive service provider.
2- The authority may issue regulations regarding services that fall within the comprehensive service, and it may also issue regulations to establish a fund to enhance the comprehensive service if necessary.
Article 2
The following definition shall be added to Article (1) of the Telecommunications Law promulgated by Decree (48) of 2002:
The authority responsible for radiocommunications: The authority or any other entity designated by a decree.
Article 3
A new clause No. (11) will be added to Paragraph (B) of Article (39), and a new Paragraph No. (I) will be added to Article (41) of the Telecommunications Law promulgated by Decree (48) of 2002, as follows:
11- Any other licenses that are regulated and which have their categories determined by a decision from the authority, in order to keep pace with technical developments in the telecommunications sector.
Article (41) Paragraph (i): I- The Authority may take the measures it deems necessary to ensure that arrangements are in place between internet service providers to maintain local internet traffic in Bahrain.
The Prime Minister shall implement this decree, which shall come into effect from the date of its issuance, and it shall be published in the Official Gazette
Source: Bahrain News Agency