The
following English text is a translation of the Lebanese Telecommunications Law
No. 431. It has been prepared as a matter of courtesy. Only the Arabic text is
authentic. In case of divergence of interpretation, the Arabic text shall
prevail.
TELECOMMUNICATIONS LAW
NO.
431
AS RATIFIED BY THE LEBANESE PARLIAMENT AND PROMULGATED BY THE PRESIDENT OF THE REPUBLIC.
PART I - GENERAL PROVISIONS
The present Law regulates the
Telecommunications Services sector in the Lebanese Territories and includes the
rules for its transfer, or the transfer of its administration, in full or in
part, to the private sector, including the role of the State in the telecommunications
sector.
The following words and expressions shall
each have the corresponding meanings:
"Minister" or "Ministry": The Minister or Ministry in
charge of Telecommunications, unless otherwise specified.
"Authority" or "TRA": The Telecommunications Regulatory Authority of Lebanon established
by virtue of the present Law.
"Members": Individuals appointed to the TRA by the Council of Ministers.
"The Company": Liban Telecom
"Network": An integrated system of equipment and facilities employed to
provide one or more Telecommunications Services.
"Radio Frequencies" or "Radio Frequency Spectrum": The
electromagnetic radiation waves naturally propagated along the radio frequency
spectrum, used for the transmission and/or reception of data.
"Allocation": Allotment by the TRA of segments of the Radio Frequency Spectrum
for various uses and services.
"Assignment": Designation by the TRA of specific Radio Frequencies that a Licensee
has the right to use to provide a Telecommunications Service.
"Information": Symbols, signs, signals, writings, sounds or any other type of
data.
"License": An authorization granted by the TRA to provide Telecommunications
Services and/or the use of Radio Frequency Spectrum.
"Person": A natural or legal person having legal personality.
"Service Provider”: A Person who provides, directly or indirectly, Telecommunications
Services.
"Service Provider
with Significant Market Power”: A Service
Provider that, due to his control of essential facilities or his position in
the market, has the ability to affect in practice the subscription terms
related to prices and supply in a specific Telecommunications Services market.
Essential telecommunications facilities means a Public Telecommunications
Service or infrastructure that is provided exclusively or predominantly by one
or a small number of Service Providers and that cannot be feasibly dispensed
with, economically or technically, to provide the service.
"Licensee": A Person who holds a valid License duly granted by TRA.
"Customer” or “Subscriber": A Person who receives Telecommunications
Services and pays the corresponding fees for a certain period of time by virtue
of an agreement, that he enters into or accepts the terms thereof, set forth by
a Service Provider.
"User": Any Person using a Telecommunications Service, whether or not
he pays for such a service.
"Interconnection”: The physical and logical link between
telecommunications Networks used by one or more Service Providers in order to
enable their Users or Subscribers to
communicate with each other or to communicate with Users or Subscribers of
another Service Provider, and to connect any one service to any other service
via domestic or international Networks.
"Telecommunications Services": The transmission and/or routing of Information by wires, radio
signals, optical means, electromagnetic systems or any other method, as well
as providing the necessary
infrastructure for that purpose.
"Public Telecommunications Network": Fully interconnected and integrated telecommunications system
consisting of various transmissions and switching means used to provide Basic Telephony
Service and other Public Telecommunications Services.
"Public Telecommunications Services": Generally available Telecommunications Services provided to
the public or to a group of persons, including Basic Telephony Services.
"Basic Telephony Services": Providing a Domestic Telecommunications Service for the
transmission of a two-way or multi-way real-time fixed voice telephone service
through a Public Telecommunications Network.
"Private Telecommunications Services": Telecommunications Services provided to specific groups of Users
either within the premises of a single building or contiguous facilities, or
within the premises of non-contiguous buildings by way of connection via a
private line service for transmission and reception by one Person or by his
employees or otherwise by different Persons belonging to one group or their
employees.
"Domestic Telecommunications Services": Telecommunications Services provided within the Lebanese
territory.
"International Telecommunications
Services": Telecommunications Services provided
between Lebanon and abroad.
"Private Line Service": A Telecommunications Service providing a Subscriber with the
exclusive usage of infrastructure for a limited period of time, as well as for
a specific capacity, provided that the Subscriber pays a fee based on the total
available capacity not on the capacity actually used.
Private Line Services may be provided
either as a Private or a Public Telecommunications Service.
"Value Added Services": Services characterized by:
a) Adaptation in the form, content, code,
protocol or any other representation of the data transmitted by a Subscriber or
User through the telecommunications Network without changing their content.
b) Provision of data to a User or Customer
including re-composition of data transmitted by them; or
c) Provision of stored data for interaction
with a User or a Customer.
"Telecommunications Equipment":
Any equipment, excluding Customer Premises Equipment, used to provide Telecommunications
Services, including computer hardware and software.
"Customer Premises Equipment" or “CPE”: Equipment
used by a Customer, subscribing to Public or Private Telecommunications
Services, to originate, route, or terminate any telecommunication, including
telephone handsets used for wired or wireless communications, fax machines,
computer modems, modulation and de-modulation mechanisms, associated devices
and wiring at the Customer’s premises where such equipment has been installed.
"Re-sale": The provision of Telecommunications Services to Customers
through another Service Provider on a profit basis.
Any word or group of words not defined
under the present Law shall be interpreted according to definitions adopted or
to be adopted by the TRA based inter alia
on international telecommunications treaties to which Lebanon is party, as well
as on other definitions provided by the International Telecommunications Union
(ITU).
A- The Minister shall be vested with the following powers:
1) to set the general rules for regulating Telecommunications
Services in Lebanon, to supervise the implementation of these rules through
reports submitted by the TRA, and to propose draft laws and decrees relating to
the telecommunications sector to the Council of Ministers;
2) to represent Lebanon at official
meetings held by international telecommunications organizations;
3) to
propose the appointment of the Chairman and Members of the TRA Board to the
Council of Ministers pursuant to the provisions of Article 7 of the present
Law;
4) to designate and supervise Service
Providers who will participate in international telecommunications
organizations, satellite and submersed cable organizations, or other
organizations created pursuant to international conventions and treaties.
5) to approve the decisions taken by the TRA board
pursuant to Articles 10, 11 and 49 of the present Law;
6) to
propose fees for monitoring and managing Radio Frequencies, such fees to be set
by decrees issued by the Council of Ministers; and
7) to
propose fees for the use of Radio Frequencies, such fees to be set by decrees
issued by the Council of Ministers.
B- The Ministry shall be composed of the
following:
- a Directorate General of Posts;
- a Directorate General of Telecommunications;
- a Common Administrative Division and
- a General Control Division.
The Directorate General of
Telecommunications shall be composed of the following:
- an Economic Affairs Division;
- a Technical Affairs and Research Division and
- an International Relations Division.
The Directorate General of Posts shall be
composed of the following:
- a Post Division;
- a Control Division and
- a Financial Division.
Schedule 1 of the present Law designates
the positions for staff categories 1 and 2.
Article 4: Formation of the TRA
The Telecommunications Regulatory Authority of Lebanon is established under the present Law. The TRA shall be endowed with legal personality and administrative and financial autonomy to exercise the powers and duties set forth herein. The Council of Ministers, upon the proposal of the Minister, shall determine the TRA’s administrative and financial organization and appoint its Chairman and Members by way of decree.
The TRA shall not be subject to regulations governing public
institutions but shall be subject to the a posteriori supervision of the
Audit Court (ديوان
المحاسبة).
Article 5: Duties and Powers of the
TRA
1) The TRA shall be responsible for carrying out the following:
a) to prepare draft decrees and regulations
relating to the implementation of the provisions of the present Law; to refer
such drafts to the Minister, and to give its opinion on all draft laws and decrees related to the telecommunications sector;
b) to take the necessary decisions and
measures pursuant to the provisions of the present Law;
c) to promote competition in the telecommunications
sector;
d) to organize concessions, issue Licenses,
ensure compliance with License terms and conditions, monitor, amend, suspend
and withdraw Licenses in accordance with the provisions of the present Law and
its implementing decrees;
e) to establish Interconnection rules and
review Interconnection contracts upon request of one or more telecommunications
Services Providers or at its own initiative;
f) to establish technical standards and
rules, ensure compliance with them and establish and manage the numbering system;
g) to monitor the tariffs of Service
Providers with Significant Market Power pursuant
to the provisions of the present Law;
h) to determine and collect tariffs and
fees pursuant to the provisions of the present Law;
i)
to enforce the present Law within its prerogatives and to establish rules and
regulations pursuant to the present Law, including the formulation of standards
and procedures for the handling and resolution of complaints and other requests
that might arise out of the present Law;
j) to monitor anti -competitive behavior
and ensure market transparency;
k) to assist educational and health care
institutions in the implementation of their programs by the use of Telecommunications
Services, and to facilitate the access of disabled persons to Telecommunications
Services;
l)
to act as a mediator and arbitrator to resolve disputes arising between Licensees
as a result of the implementation of the present Law;
2) In carrying out its
responsibilities, the TRA shall take into consideration international best
practices for the regulation and management of Telecommunications Services.
3)
The TRA shall commit to the principle of promoting the modernization of Telecommunications
Equipment and Networks in line with state of the art technologies and
regulatory principles. For this purpose, the TRA shall develop rules for the
collection and consideration of comments and proposals provided by Service Providers and
stakeholders, forming, where necessary, advisory committees pursuant to Article
10 of the present Law.
4) The TRA shall prepare and submit an
annual report, through the Minister, to the Council of Ministers within three months following
the end of the fiscal year.
This report shall be published in the Official Gazette. It shall include
a summary of the
steps taken by the TRA to fulfill its duties and the extent of its contribution
towards the realization of the objectives set out in this Law.
Article 6: Management of the TRA
1) The TRA
shall be composed of a Chairman and four Members who shall carry out their
duties on full-time, exclusive basis. They shall be appointed by decree of the
Council of Ministers, upon the proposal of the Minister, for a non renewable and non-extendable
term of five years. The TRA Chairman and Members shall hold university degrees
in fields related to telecommunications, economics, business, law, finance,
engineering or computer science and have experience in these fields. None of the
aforementioned persons can be dismissed or have his appointment terminated for any
reason other than those set out in the present Law.
2)
The TRA shall hold meetings and take decisions by absolute majority of the Members
legally composing the Board.
Article 7: Impediments to
Appointment
Pursuant to appointment conditions
stipulated under Article 4 of Legislative Decree N° 112/59 dated 12/06/59 (Employees
Regulations), except for age and competition conditions, the Chairman and Members
shall not be any of the
following:
1) Any Person who has a direct or indirect
interest with any
Person providing Telecommunications
Services, or supplying Telecommunications Equipment or CPE inside Lebanon or
for Lebanon, or any person who has a direct or indirect connection with the telecommunications sector in Lebanon;
2) Any Person
who has been declared insolvent or bankrupt by a judicial decision; or
3) Any Person
who has been indicted in a disciplinary proceeding resulting in a penalty other
than a reprimand or warning.
Article 8: End of Membership
1) The term
of office of the Chairman and TRA Board Members shall come to an end upon the expiry of the term of
appointment, or in the event of death, resignation, termination or dismissal.
2) In the case of gross default in the
fulfillment of the obligations of appointment or in the case of violation of
the conditions set out in Article 7 of the present Law, the term of office of
the Chairman and Members shall be terminated by a decree issued by the Council
of Ministers, upon the proposal of the Minister, based on the existence of gross
default or violation as ascertained, upon the request of the Minister, by a
committee composed of the President of the State Consultative Council (رئيس
مجلس شورى
الدولة), the President of the High Court for Magistrates (رئيس
مجلس القضاء
الأعلى) and the President of the Audit Court (رئيس
ديوان
المحاسبة). The decision of the committee shall be adopted by majority
vote.
3) In case of vacancy in the position of
Chairman or Member of the TRA Board, the Council of Ministers shall, within one
month at most, fill the vacancy for the remaining period of the initial
appointment in accordance with the rules of appointment defined under the
present Law.
In case of vacancy of the position of the
Chairman, the eldest Member shall replace him.
Article 9: Remuneration
The Chairman and Members shall
be entitled to a monthly lump sum remuneration that shall be determined by a
decree issued by the Council of Ministers upon the proposal of both Ministers of Telecommunications and Finance.
Article 10: Employee Regulations
The TRA shall develop special regulations
for its employees. Where necessary, it may seek the assistance of Lebanese or non-Lebanese
experts to carry out a specific task for a limited period.
Article 11: Budget and Funding
First- Budget:
1)
The TRA shall have both administrative and financial autonomy. It shall be subject only to the a
posteriori control of the Audit Court (ديوان
المحاسبة). Its funds shall be managed through a special account to be
opened with the Central Bank of Lebanon.
2)
The TRA shall, within three months of its constitution, establish special procedural rules for
the administration of such funds, subject to the approval of both Ministers of
Telecommunications and
Finance.
3) The
TRA shall prepare, at least three months prior to the end of the fiscal year, a
budget for the
following year and submit it to the Minister, who shall, within 30 days of its registration at the
relevant office of the Ministry, approve such budget or otherwise refer it to
the Council of Ministers
for a ruling.
4) From
January 1st and until the approval of its budget, the TRA may continue to
collect revenues
and disburse expenditures on the basis of “continuing
resolution” based on the previous year’s budget.
Second- Funding:
1) The
TRA shall draw its revenues from the following sources:
a) fees collected from licensing applications and
annual fees paid by Licensees for the management, supervision, enforcement and
implementation of the functions entrusted to the TRA, provided that the total amount of fees collected
is commensurate with the actual total cost of regulating the sector and, when necessary, with the overall turnover
of Public Telecommunications Services Providers;
b) fees collected for Radio Frequency monitoring
and management which shall be determined by decree, upon the proposal of the Minister and the
recommendation of the TRA, based on studies of the actual cost of Radio Frequency
management;
c) a percentage of the usage fees of radio
frequency as specified under Article 17 of the present Law, to be determined by decree, upon the proposal of
the Minister, provided that the fees do not exceed 10
percent of the revenues generated in relation to radio frequency usage;
d) unconditional grants and donations from
sources with no direct or indirect interest in the telecommunications sector, subject to the
approval of the Council of Ministers; and
f) sums due to the TRA and held by the Ministry that shall be transferred from the treasury
account to the TRA account twice a year during the months of February and July.
2) In
addition to the above revenues, the TRA shall, for a maximum period of two
years from the date of its constitution, receive extraordinary funds from contributions
specially allocated in the public budget. Upon the lapse of the two-year period,
all operations of the TRA shall be funded in accordance with the provisions of
Article 11, Second part, Paragraph 1.
3) Revenues
from the concession process shall not be listed as ordinary revenues of TRA and shall be deposited in
the treasury account.
4)
Any annual deficit or surplus shall be carried forward to the
TRA’s budget for the following year, provided that such excess does not exceed
20 percent of the budget of the previous year. The TRA may also allocate
appropriate reserves for special purposes provided such reserves do not exceed
15 percent of its annual
budget.
5) Any surplus resulting from TRA
activities shall be transferred
on a quarterly basis to the treasury account.
6) The TRA’s accounts shall be subject to
an internal audit as well as to an audit by independent audit firms pursuant to
Article 73 of Law 326 dated June 28, 2001 (2001
Budget Law).
Article 12: Disclosure of Information:
1) Except
for information that may jeopardize commercial confidentiality and the
principle of competition, the TRA shall make available to the public all its
data, documents, records and other information. Anyone who wishes to have
access to, or a copy of, such information shall submit a written request and
pay applicable fees fixed by the TRA on the basis of cost recovery.
2) At the end of each fiscal year, the TRA
shall publish in the Official Gazette and at least two other daily newspapers a statement indicating
its assets together with a
summary of its budget.
Article 13: TRA Decisions:
All decisions taken by the TRA shall be reasoned
and motivated and shall mention the causes and objectives of such decisions.
TRA motivated decisions shall be enforceable
from the date of their notification to the concerned parties or from the date
of their publication in
the Official Gazette.
Article 14: Review of Decisions
1) Each stakeholder has the right to request
the TRA to review its decisions within two months from the date of publication or
notification. Within two months from the date of issuing the decision or from
the date of filing a request for review, the TRA may, at its own initiative, reverse
its decision, suspend its implementation or take any temporary measure to maintain the status
quo to prevent any damage until the final decision is reached either
administratively or judicially.
2) The State Consultative Council (مجلس
شورى الدولة) shall look into requests and claims related to administrative
decisions taken by the TRA, in accordance with the procedures and deadlines
adopted by said Council.
Disputes arising between the TRA and its employees, workers or
contractual parties, fall within the jurisdiction of the competent judicial courts.
Arbitration clauses, when included in contracts with third parties, shall be
enforced.
PART III
Management of Radio Frequency
Spectrum
Article 15: Radio Frequency
Spectrum
1) The Radio Frequency Spectrum is a public
property and shall not be subject to sale; its leasing or licensing shall be subject to the
provisions of the present Law. The TRA shall have exclusive authority to manage,
allocate and monitor the use of Radio Frequencies Spectrum.
2) The TRA may develop an annual plan for
the Allocation of Radio Frequencies used for commercial communications between Service Providers,
radio and TV transmission and operations, and wireless telecommunications of public
administrations and institutions as well as all other natural and legal Persons
including amateurs.
The use
of Radio Frequencies for radio and TV transmission services shall be determined
in consultation with the Ministry of Information, and the relevant
administrations and councils according to the applicable laws and regulations.
Any dispute in this respect shall be referred to the Council of Ministers for a ruling.
3) At
the expense of the
applying party, the TRA shall publish all applications for Licenses to use Radio
Frequencies in the Official Gazette and two local newspapers. In the event any
objection is filed, the TRA shall give the applicant one month to respond.
The TRA shall issue an acceptance or a
refusal of the application,
explaining in its decision the material facts considered and the legal
grounds for the decision.
4) The TRA shall have the right to alter
the frequencies assigned under a License provided that the alteration does not influence
the quality and effectiveness of the service. Prior notice shall be given at
least three months before the implementation of such a decision.
5) The TRA may cancel a License without any
compensation if the Radio Frequencies assigned in the License are not used for
a period of six months during one calendar year.
Article 16: Licensing the Use of Radio
Frequencies
1) Whenever possible, and where the
provision of a Telecommunications Service necessitates the use of Radio Frequency
Spectrum, the TRA shall issue a single License covering both the provision of the Telecommunications
Services and the use of the required Radio Frequency Spectrum.
2) An application for a License to use Radio
Frequencies shall include information related to the financial, legal and
technical qualifications of the applicant, as required by the TRA for
establishing and operating a station using Radio Frequencies. The TRA may request updated
information during the processing period of the application. It may also
request additional information during the period of the License or upon an
application for License renewal.
3)
In determining the Allocation plan for
Radio Frequencies, the TRA shall comply with the general policy set out by the Council of Ministers,
consistent with the requirements of the sectors using such Radio Frequencies, and the
recommendations of International Telecommunications Union (ITU) or any other specialized
international organization of which Lebanon is a member. In exercising its
powers, the TRA shall
also take into consideration the adopted Allocation plans for Radio Frequencies.
Article 17: Collection of fees for
the use of Radio Frequencies
Fees for the use of Radio Frequencies shall
be determined by a decree issued by the Council of Ministers upon the proposal of the Minister and at
the recommendation of the TRA. These fees shall be collected directly by the Ministry.
Article 18: Principle of Equality
and Competition
In order to ensure equal opportunity and
competition, Licenses shall be
awarded for the provision of Public and Private Telecommunications
Services, including Basic Telephony Services, to Service Providers meeting the
conditions and requirements set out by the TRA. The provision of Telecommunication
Services shall not be subject to discrimination or to restrictions. In
addition, such restrictions shall not be imposed on the ownership or operation
of the infrastructure necessary for the provision of these services.
Compliance with the provisions of the
present Law and of the regulations established by the TRA is considered to be one
of the conditions of every License even if not expressly mentioned in the License itself.
Article 19:Telecommunications
Services Licensing
1) Licenses
shall be awarded to providers of the following Public Telecommunications
Services by decree issued by the Council of Ministers, upon the proposal of the
Minister, after
conducting an international public auction, and according to specifications and
conditions prepared by the TRA:
a) Basic
Telephony Services,
b)
mobile telephone services,
c)
international telephone services, and
d) new
categories of Licenses for the provision of Public Telecommunications Services,
including UMTS, at the national or international level.
2) The TRA shall license providers of the
following Telecommunications Services:
a) Private
Line Services,
b)
public telecommunications offices and payphones,
c)
leased line services,
d)
national and international telex and telegraph services,
e)
Internet services,
f) data
services, and
g) any
other Telecommunications Services for which the TRA deems a License is
necessary.
Article 20: Licensing Procedures
1) Without
prejudice to the provisions of Article 19 of present Law, the TRA shall
establish a procedure to be used for the application and processing of Licenses.
The TRA shall award a License to any Person or group of Persons who meet the
required qualifications and specifications. In the event it is impossible to
accept all applications submitted, the TRA shall adhere to the principles of
transparency and competition in its selection
process. The TRA may base its selection on standards it adopts, provided that
such standards are made public. Applications shall be made available for public
review pursuant to Article 12 of present Law.
2)
The TRA may, in addition to the qualifications, standards and requirements specified
in the present
Law, issue regulations requiring its prior approval for the installation and
operation of equipment, without prejudice to the rights of Licensees providing
services using Radio Frequencies.
3) Licenses shall include the basic
obligations of the Licensee pursuant to the provisions of the present Law and the regulations
established by the TRA to meet its objectives, including fees, the provision of
information to the TRA, the acceptance of inspection, licensing terms, and the
conditions related to License termination and renewal.
4) No Person shall provide or offer any Telecommunications
Services except in conformity with the provisions of the present Law and of the
regulations issued by the TRA. Any infringement thereof, including the
provision of a service requiring a License without the necessary License, shall
make the involved party liable for the penalties provided for under Article 41 of the
present Law.
Article 21: Value Added Services
The TRA shall not impose any restrictions
on the provision of Value Added Services. However, the TRA may restrict the rights of any Service
Provider with Significant Market Power from providing such services by imposing restrictions related
to rules of organization, tariffs and accounting, or by way of any other
precautionary measure consistent with the provisions of the present Law.
Article 22: Telecommunications
Equipment and Customer Premises Equipment
The TRA shall not impose any restriction on
the supply, development, manufacture, sale, lease, installation or maintenance of Telecommunications
Equipment and CPE, unless explicitly provided for under the present Law or
under the regulations issued pursuant to the provisions of the present Law.
However, the TRA may restrict the capacity
of Service Providers with Significant Market Power to provide Telecommunications
Equipment and CPE, by imposing restrictions related to rules of organization, tariffs, accounting,
and by way of any other precautionary measure consistent with the provisions of the present
Law.
Article 23: Approval of Equipment –
Standards
1) The
TRA shall set standards and technical requirements applicable to all Telecommunications
Equipment and CPE, in order to prevent any harm to telecommunications Networks and hazards
to public health or safety. Any Person importing Telecommunications Equipment
or CPE is bound under this Law to comply with all standards and technical requirements set by the
TRA. Licensees shall also comply with these standards and technical requirements
when connecting Telecommunications Equipment and CPE to Public Telecommunications
Networks.
2) The TRA may set general or special
standards to ensure performance, adequate operation, and interconnectivity
between different categories of equipment and to ensure compliance of their specifications
with the provisions of the present Law and of the regulations established by
the TRA pursuant to the provisions of the present Law.
3) For this purpose, the TRA may seek the
assistance of public health and safety officials, Service Providers and manufacturers in
order to determine the conditions for equipment type approval. The TRA may also
resort to industrial advisory panels for the
testing, development and updating of the equipment. Any infringement of this Article shall make
the party involved liable for the penalties provided for under Article 41 of the present Law.
Article 24: Transfer of Licenses
1) A Licensee
may not assign his License to any other Person. Where a Licensee is a legal person,
legal or administrative control over the Licensee may not be transferred
without the prior approval of the TRA and provided that such transfer or assignment
complies with the provisions
of the present Law and of the regulations established by the TRA pursuant to the
provisions of the present Law.
2) The TRA may suspend, revoke or terminate
any License in the event of:
a)
repeated failure to comply with a binding order;
b) willful
and repeated breach of licensing conditions, the provisions of the present Law
or of the regulations established pursuant to the provisions of the present Law;
c) death of the Licensee where none of his legitimate heirs meets
the requirements of the License; and
d)
bankruptcy or liquidation of the Licensed
company.
Article 25: Special Provisions
Governing Public Telecommunications Services Providers
In addition to the preceding provisions
related to Service Providers, Public Telecommunications Services Providers
shall be subject to the following:
1)
The License
shall be awarded for a maximum period of twenty years. A Licensee shall notify the TRA of its
desire to renew the License two years prior to its expiry date.
The request for renewal of the License
shall be submitted to the Council of Ministers which shall issue a decision
within six months
from the date of filing of the request for renewal at the Secretariat of the
Council of Ministers.
The absence of a decree authorizing the
renewal of the License within the aforementioned six month period shall be
deemed an implicit refusal to renew the License.
2) Any Public Telecommunications Services License shall include
mandatory and optional infrastructure expansion targets related to the scope of
services, and standards that ensure high quality of service, as deemed
appropriate by the TRA in the public interest.
Quality of service standards include, but
are not limited to, requirements related to the service access delay, call
completion rates, fault incidence and time to repair, dial tone delays and
other faults that occur during the call.
The TRA shall establish procedures for
standards, reporting and monitoring compliance with infrastructure expansion
targets and quality of service standards.
Any License shall include clear conditions
to ensure continuity of service upon the expiry of the License.
Article 26: Universal Service
Obligation
1)
The TRA shall establish a plan for
licensing Public Telecommunications Services in a way that will ensure the availability of
such services to all nationals and residents in all regions of the country.
2) Licenses
awarded to Public Telecommunications Services Providers shall determine their obligations to provide universal geographic coverage,
voice services, directory services, emergency call services, and alternatives to Users who do
not need extensive use of such services, without discrimination.
Applicants for a License must prove their
technical and practical capability to meet these obligations during the License period. A Licensee shall be allowed to recoup the
actual costs incurred from its compliance with these obligations on an
aggregate basis through tariff arrangements approved by the TRA. In the event
such arrangements are insufficient, the TRA may resort to other mechanisms to finance this cost, including
the establishment of a “Universal Service Fund” financed through mandatory contributions imposed
on other Public Telecommunications Services Providers.
Article 27: Resale of Service
The TRA may include in Licenses granted to Service
Providers with Significant Market Power certain obligations requiring the
resale of their services without restriction. Such obligations shall not extend
to the resale of Basic Telephony Services, the provision of which has been
exclusively granted to Liban Telecom for a limited period. The TRA shall
determine the obligations relating to the resale of such services following the
end of the exclusivity period.
Article 28: Rates and Tariffs
1)
Service Providers shall set the rates and tariffs of Public Telecommunications
Services based on cost and market conditions.
2)
Public Telecommunications Services Providers
shall notify the TRA and publicize detailed information on tariffs, service
prices and costs, and applicable terms and conditions as well as User rights and measures available
in the event of undue billing or other disputes or claims related to bills or
service provision.
3) The TRA
may monitor and regulate the rates and tariffs of all public Telecommunications Services by any means it
deems appropriate, such as by issuing regulations, including
conditions in the License document, or conducting an accounting of operational
costs and revenues. In the interest of consumer protection, the TRA may impose
prices and tariffs on Service Providers if it becomes aware of monopoly pricing
or of a situation that enables monopoly pricing.
4)
All Public Telecommunications Services
Providers shall offer their services pursuant to the prices
and tariffs notified to the TRA. Such prices, tariffs or other terms
of service shall not be changed without prior notification to the TRA and
provided that the TRA does not object to such changes in a motivated decision
issued within 60 days.
The silence of the TRA, by the end of the
period mentioned in the previous paragraph, is deemed an implicit approval of
the new prices and tariffs.
Article 29: Interconnection
1)
All Service Providers with Significant
Market Power shall establish Interconnection with other Service Providers for
the transmission and receipt of data, provide the necessary facilities and
arrangements for that purpose, and establish and apportion the charges thereof, pursuant to the conditions set by the TRA.
2)
Interconnection among Service Providers shall be established by agreement
within a maximum period specified by the TRA. In the event that Public
Telecommunications Services Providers fail to agree on terms of Interconnection
within the maximum period specified by the TRA,
the TRA may, at its own initiative, impose Interconnection terms pursuant to
its own rules and requirements.
The TRA shall publish, at the expense of
the concerned parties, a summary of the basic terms of
the Interconnection agreements in the Official Gazette and in two local
newspapers.
3)
The TRA may approve or impose amendment to the provisions relating
to Interconnection between Public Telecommunications Services Providers
authorized by foreign countries in accordance with the international accounting rate framework, including the accounting
rates and settlement arrangements agreed upon by the concerned parties
before the agreement becomes effective.
4)
Public Telecommunications Services
Providers shall comply with all international treaties and bilateral
agreements relating to international accounting arrangements, as well as with
any rules adopted by the TRA concerning such arrangements where
international services are provided pursuant to
an international accounting rate framework.
5)
Disputes arising between Public Telecommunications
Services Providers over Interconnection terms and practices
shall be resolved by arbitration in equity unless otherwise specified by the Interconnection agreement.
The TRA shall set the rules and procedures
for the arbitration of disputes resulting from Interconnection agreements.
Article 30: Competitive Markets
1)
In determining whether a Public Telecommunications Service Provider has Significant Market
Power, the TRA shall take into account the extent of his influence in the
Lebanese market. Regulatory arrangements resulting from such a determination
shall be limited to the relevant region.
2)
The TRA may review any existing or proposed
agreement or any contractual relationship between
a Public Telecommunications Service Provider with Significant Market Power and his
affiliates, or between it and another Public Telecommunications Service
Provider, in order to ensure that such relationships or agreements do not
restrict competition without ensuring a corresponding increase in benefits to
market stakeholders.
The TRA may review all other agreements
that may have an anti-competitive effect on the Lebanese
telecommunications market and take suitable measures to remedy the resulting situation.
3)
The TRA shall ensure that Public Telecommunications Service
Providers with Significant Market Power do not abuse their market position. The
TRA may prohibit such Service Providers from obtaining additional Public Telecommunications
Services Licenses, require such Service Providers to comply with regulations,
tariffs or accounting rules, or take any other
precautionary measures as deemed appropriate to secure a competitive
market. The TRA may initiate such
measures before or after any agreement or
contractual relationship is proposed or any abuse of Significant Market Power
has occurred in order to preserve the development of competitive telecommunications
markets.
4)
The TRA may protect fair competition or impose conditions on Public Telecommunications
Services Providers through a number of measures, including:
a) amendment of licensing conditions;
b) suspension
of approval of any request to transfer control of a License pursuant to
provisions of Article 24 of the present Law; and
c)
taking of decisions applicable to all Public Telecommunications Service
Providers.
5)
The TRA may take any necessary measure to ensure competition including,
but not limited to, measures dealing with:
a)
anti-competitive cross-subsidies;
b)
use
of information obtained from competitors that will result in unfair
competition; and
c)
failure to supply other
Service Providers, on a timely basis, with the technical information relating to essential facilities and the
commercial information necessary to provide their
services.
6)
The TRA may take all possible measures to raise the level of
competitiveness of the Lebanese telecommunications market rather than imposing
restrictions on the behavior or activities of Public Telecommunications
Service Providers with Significant Market Power.
The TRA shall immediately reconsider such measures as soon as it
becomes clear that the evolution of market competition
requires their revocation or amendment.
7)
In exercising the duties determined in this
Article, the TRA shall take into consideration the provisions
of the present Law and the competition principles adopted by countries with competitive telecommunications markets.
Article 31: Numbering Management
1)
The TRA shall be responsible for managing the numbering needed for Customers and Users of Public Telecommunications Services.
2)
The TRA shall manage the numbering plan in a non-discriminatory
manner, making the details of the numbering plan available to the public. The
TRA shall ensure that Service Providers obtain numbers
without any unjustified delay; that changes in numbering do not cause unusual
disturbance to Customers, Users, and Service Providers; and that the allocation
of numbers does not result in competitive advantage or any
obstruction to the activities of Service Providers.
Article 32: Annual or Periodic
Reports
1)
The TRA may request all Public Telecommunications Service Providers
or any category of Service Provider to submit, as the need may
arise, annual or periodic reports containing specific information deemed
necessary by the TRA to exercise its functions in regulating the
telecommunications sector.
2)
The TRA may request the provision of copies of all contracts and
agreements as well as any kind of arrangements entered into between Public Telecommunications
Service Providers or between Public Telecommunications Service Providers and
resellers as well as any related information.
3)
All reports and information provided by Public
Telecommunications Service Providers are strictly confidential and shall not be disclosed by the TRA to any other party.
Article 33: The Obligation to
Submit Reports
The TRA shall submit to the Council of Ministers
annual reports showing collected revenues and
explaining how such revenues have been utilized, in addition to an evaluation of the tenders launched during the previous
year.
Use of Public and Private
Properties
Article 34: Environmental
Protection and Classified Sites
Due observance of laws and regulations pertaining to the protection of the environment and classified tourist and historical sites is required in all telecommunications systems using public or private properties and in all Licenses granted to Service Providers.
Article 35: Use of Public
Properties
1)
Licensed Telecommunications Service
Providers may, for the purpose of providing Telecommunications Services to the public in compliance with the conditions set hereunder, enter
any public properties including streets, pavements,
drainage systems, and railway tracks, for the construction and maintenance of Telecommunications
Services infrastructure in, along, above or under such public properties.
Whenever necessary, the Licensed Service Providers may, with the approval
of the relevant government department, alter the appearance and specifications
of such public property in order to be able to provide their
Telecommunications Services, provided that such alteration does not obstruct
the use of the property for its intended purpose.
2) Licensed
Service Providers must obtain the approval of the relevant government
department before entering any public
property, carrying out certain works, or erecting any installations.
In the event it is not possible to obtain
such approval on acceptable terms and conditions for any reason whatsoever
within one month of the filing of the request for approval, the Service
Provider shall submit a written request to the TRA, within
another period of one month, to intervene with the government department
concerned. In the event of any disagreement between the TRA and the government
department concerned, the matter shall be
raised before the Council of Ministers for making an adequate final decision.
3)
Conditions for
the use of public properties, procedures for requests for such use, and the
basis for the allocation of charges, compensations and fees shall be
established by a decree issued by the Council of Ministers, upon the proposal
of the Minister, based on a study prepared by the TRA and on the opinion of the
relevant governmental authority.
Article 36: Use of Private
Properties
Licensed Service Providers shall have the benefit of easements
on private properties upon approval of the TRA pursuant to the provisions of
the present Law, subject to the following conditions:
1)
Service Providers are entitled to construct
and install the necessary infrastructures and the basic equipment required for
the operation of their Networks in the common areas of a property after giving
notification to the TRA and the owners or owners association, if any, of the
work to be undertaken at specific locations, and soliciting their comments on
the project three months prior to the commencement of work.
The
approval of the TRA and the owners or owners association is mandatory before
the commencement of any type of work. In the event the owners or the owners
association object to the proposed work, the matter shall be
referred to the TRA which will intercede to resolve the matter amicably in
order to ensure service provision.
In the
event the Service Provider arbitrarily rejects a solution, the TRA may order it
to implement measures that the TRA deems appropriate from a technical and legal point of view. In the event the owners or the owners
association arbitrarily reject a solution proposed by the TRA, the TRA may
dispense with such work, depriving the owners of the property of
Telecommunications Services, or may proceed with
the expropriation of the parts necessary for the implementation of the required
work, provided that such expropriation is feasible and necessary for the
provision of Telecommunications Services.
The
installation of on/off switches on walls and façades which do not overlook public roads however requires only notification of the
owners or owners association three months prior to the work. Their objections,
if any, shall not be an impediment unless the TRA finds such
objections to be justifiable.
2)
Service Providers shall place their
infrastructure facilities at the disposal of other
Service Providers upon request in accordance with written agreements
notified to TRA and kept in its records.
a)
Requests for the shared use of
infrastructure shall be made in writing and shall be answered within 60 days of
the date of request.
b)
Requests for shared use of infrastructure
shall not be rejected without valid and justified reasons made in writing.
c)
The party requesting the shared use of
infrastructure shall pay all costs related to such use.
d)
Procedures for the resolution of disputes
arising from the shared use of infrastructure which are referred to the TRA by Service
Providers shall be set by decree.
3)
Service Providers benefiting from easements
shall have the right to send their employees or agents to inspect,
operate and maintain their equipment installed on private properties after
giving notice, within reasonable time, to the owners or occupants. In the event
the owners or occupants reject or prevent the employees
or agents of the Service Provider from entering the properties, those employees
or agents shall not resort to forced entry without judicial order. Owners who
refuse entry shall be liable for all damages sustained by Service Providers benefiting from such easements.
4)
The installation of equipment on private properties shall be without prejudice to the
owners’ right to repair, alter or demolish their
private properties provided that the owners notify the affected Service
Provider at least three months prior to the commencement of such work.
5)
Service Providers benefiting from easements
over private properties shall be liable for all physical
or moral damage caused to the owners or occupants as a direct and undeniable
result of the installation, operation and
maintenance of their equipment.
Easements, expropriations and assignments
made in favor of the Ministry shall remain valid, with
no right of rebuttal or claim in respect thereof, as a result of any changes
resulting from the application of the present Law.
Control and Inspection Procedures
And imposing Penalties
Article 37: Control and Inspection Personnel
The TRA shall establish a special control
and inspection unit comprised of personnel who shall have the status of a
special police force for the telecommunications sector. Reports submitted by them shall have the same status of evidence as
reports made by the judicial police. Public prosecutors and
investigation judges may seek the assistance of personnel from the special unit
when gathering evidence and investigating cases brought
before them. The special unit personnel
involved must take the necessary oath before the Civil Court of Appeal
before commencing their duties.
Article 38: Enforcement and
Inspection Procedures
1)
The TRA shall establish control and inspection
regulations, subject to the approval of the Minister, consistent with the
provisions of the laws and regulations in force. The TRA shall organize
periodic work programs for enforcement and inspection personnel and issue
orders for conducting surprise control and inspection operations either at its
own initiative or on the basis of received information.
2)
Controllers and inspectors may enter all public and private properties
where necessary in the execution of their official duties, in order to inspect
or collect information related to existing or planned facilities or
installations, review records and documents and extract copies thereof, and request
presentation of any useful document or information Provisions of the Penal
Procedure Code and the judicial police force procedures will govern cases of
forced entry and issuance of infringement reports whenever there is sufficient
evidence indicating an infringement.
3)
All information that the inspectors and
controllers become aware of in the course of their duties shall be
treated as confidential and may only be disclosed to their direct
superiors or upon the request of the competent judicial authorities. These
rules of confidentiality shall apply to all persons who are privy to such
information by virtue of their work at the TRA or the Ministry.
4)
Any Person who provides controllers or
inspectors with false records, documents or verbal information shall be liable
to prosecution for forgery and false testimony.
Article 39: Notification and
Amicable Settlements
After verifying that an infringement has
occurred, the TRA shall, before imposing an appropriate penalty, notify
the infringing party that it must cease the infringement within 30 days in
accordance with instructions issued by the TRA pursuant to the present Law and
the relevant License conditions.
The TRA may convene a meeting of all the
parties involved in order to reach an amicable settlement leading to the
cessation of the infringement, compliance with the License conditions and
provisions of the present Law, and compensation of the TRA and the parties
affected.
Article 40: Imposition of Penalties
1)
Upon verifying that an infringement of the
law, License conditions or relevant regulations has occurred, and after
notification to the infringing party and convening a meeting to reach an
amicable settlement, or deciding
to dispense with such means, the TRA may impose penalties provided for under
Article 41 of the present Law.
2)
Penalties imposed by the TRA may be appealed
before the Penal Court of Appeal having jurisdiction
over the residency/domicile of the party penalized. If several parties are
involved in the same infringement or in concomitant infringements,
the general provisions of jurisdiction in matters of
concomitance of crimes shall be applicable.
Decisions of the TRA shall remain in effect
unless the Court of Appeal decides to suspend their
enforcement.
Article 41: Penalties
The TRA may impose one or more of the
following penalties, depending on the seriousness of the
infringement and the circumstances of each case:
1)
Amendment of License conditions or
imposition of new conditions to ensure elimination of
the infringement and compliance with provisions of the present Law.
2)
Suspension of the License
for a definite period, or revocation of the
License; and prohibition of the infringing party from
obtaining any License whether provisional or final, upon repeated infringements or the commission of a serious violation as evaluated by
the TRA.
3)
Imposing a fine to be determined by the TRA
in light of the seriousness or frequency of the infringement(s), taking into
consideration the assets of the natural or legal Person as listed in its balance sheet, the value of used equipment and
installations, and the estimated revenues resulting from the infringement,
provided that the fine shall not exceed one-fourth of the total value of the Person’s assets as shown in its balance sheet.
The TRA may impose an additional fine for
every day of delay in eliminating the persisting infringement.
4)
The fines shall be collected by the Ministry
of Finance.
Article 42: Prosecution
Measures taken by the TRA shall not prevent
penal prosecution before the competent court in cases where the infringement constitutes a crime
punishable under applicable laws unless such infringement constitutes only an
infringement of the rights of third parties that was resolved amicably under
the sponsorship of the TRA.
In the event the competent court decides to
confiscate equipment and facilities employed in the infringement, such
confiscation shall be deemed to be in favor of the TRA which shall then dispose
of them in a sale by auction for the benefit of the
Treasury.
Article 43: Disputes Resolution
1)
The TRA shall have the power to resolve, based on complaints filed with
it, disputes arising between Service Providers or between Service Providers and
their Customers or the Users of their services. The provisions of Articles 41
and 42 shall be observed in any attempt to reach an amicable settlement,
provided always that the rights of the defendant shall be respected during the
settlement of the dispute.
2)
Decisions
of the TRA in the settlement of disputes may be appealed before the competent
Civil Court of Appeal. Rulings of the Court of
Appeal are final and may not be subject to any ordinary or extra-ordinary challenge.
3)
In the event of an infringement of License
conditions, the provisions of the present Law, or the regulations established
pursuant to the provisions of the present Law is discovered during an
examination of a dispute, the
TRA
shall have the right to notify the infringing party, propose an amicable
solution, or impose a suitable penalty, in
accordance with the provisions of the preceding Articles.
Liban
Telecom
Article 44: Incorporation of the
Company
1)
A joint stock company shall be established by decree issued by the Council of Ministers
upon the proposal of the Minister. The Company
shall be governed by the provisions of the Code of Commerce, except for Article 78 thereof, in all areas not specifically addressed under the
present Law. The Company shall be called Liban Telecom and its
objective shall be to provide Telecommunications Services pursuant to the
terms of the present Law.
2)
The decree shall determine the capital of
the Company, which may be denominated in a foreign currency, and approve the
Articles of Association taking into consideration that all shares of the
Company shall be owned upon its constitution by the Lebanese Government which
shall remain the sole shareholder until the full or
partial privatization of the Company.
3)
Assets,
obligations and current operations whose ownership are expected to be transferred from the Ministry to the Company shall be
evaluated by a financial firm or an international
auditing firm appointed by the Council of Ministers following a tender process
launched in accordance with the applicable rules.
This procedure shall be deemed to fulfill
the verification procedure provided for under Article 86 of
the Code of Commerce.
4)
The Company’s shares shall be and shall always
remain nominative.
Notwithstanding any document stating
otherwise, the Company’s shares, including shares representing contributions in
kind, may be listed immediately on the Beirut stock exchange.
5)
For so long as all of the Company’s shares
are owned by the State of the Republic of Lebanon, the board
of directors of the Company shall be composed of a chairman and members
appointed by the Council of Ministers. After partial or full
privatization, members of the board shall be selected by the General Assembly, without being required to observe the
condition of nationality required under Article 144 of the Code of Commerce. The State of Lebanon shall remain represented
on the board of the Company by members nominated by
the Council of Ministers in proportion to the number of shares it holds,
provided that the number of members representing the State shall not be less
than three, for as long as the State remains a shareholder of the Company.
6)
Upon its incorporation and prior to its
privatization, the Company shall be exempted from notary fees pertaining to the
State, registration fees of the Commercial Register, as well as
fees for the Solidarity Fund of Judges and for the Bar Association, and fiscal
stamp duty on capital. Contributions in kind shall also be exempt from
registration fees.
7)
The Company shall appoint a statutory
auditor for a period of three years and be exempted from the
requirement of having an additional auditor.
Article
45: Licensing of the Company with Temporary Exclusivity
1)
The Company shall be licensed for a period
of 20 years to provide the following Telecommunications Services:
a) Basic
Telephony Service;
b)
international public voice service;
c)
national and international telex and telegraph service;
d)
mobile telephone service;
e)
national Private Line Service;
f)
international Private Line Service;
g)
telecommunications offices and public payphones;
h)
emergency Telecommunications Services;
i)
numbering information service and telephone directory;
j) any
other services deemed necessary by the TRA in the public interest;
2)
The License
granted to the Company may include an exclusive right to provide any of the
services listed under items (a), (b) and (c) of the previous
clause for a period not exceeding five years from the date
of the Company’s incorporation.
3)
In
the event the Company fails to provide, in one or more regions, services to
which it has exclusive rights, the TRA may grant applicants non-exclusive Licenses
to provide such services, provided that the Company is notified in writing at
least 60 days before such Licenses are granted.
Article 46: Privatization Process
The Government of Lebanon may, by a decree
issued by the Council of Ministers, and within a period of two years from the
date of incorporation of the Company, proceed with the sale of a maximum of 40
percent of the Company’s shares to an experienced, specialized and reputed investor from the private sector by
way of an international auction held in
accordance with terms and conditions to be set by the Higher Council for
Privatization upon the proposal of the Minister and issued
by virtue of a decree by the Council of Ministers.
The winner of the auction shall be referred
to as the "strategic partner” which shall be entrusted with the management
of the Company for so long as he continues to own at least half
of the shares purchased originally and continues to fulfill the obligations set
forth in the terms and conditions, and for as long as the Lebanese State remains the majority owner of the shares in the Company.
The Council of Ministers shall, upon the proposal of the
Minister, determine the dates for the offering of the remaining shares owned by
the Lebanese State to private investors, the percentage of
shares offered, the price per share and the procedure
to be followed.
Miscellaneous
and Transitory Provisions
Upon the occurrence of events that affect
national security, the Council of Ministers may instruct Service Providers to
give full priority to the telecommunications needs of the security forces and the civil organizations operating under their
control.
1)
All Licenses awarded before the date of
promulgation of the present Law shall
remain valid for a maximum period of one year from the date of enforcement of
the Law. This clause shall not apply to the two mobile phone companies
operating currently in Lebanon.
2)
Licensing applications pending with the Ministry on the date of promulgation of
the present Law shall be transferred to the TRA immediately upon its
constitution. No License shall be issued until all
conditions of the present Law are met and until the TRA has commenced its work
in accordance with its by-laws.
3)
Parties who have entered into contracts with the Ministry
to provide Telecommunications Services that require licensing under the present
Law may continue to provide such services until the end
of the relevant contractual period.
Article
49: Employees, Workers and Contractual
Personnel of the Ministry and OGERO
1)
Within three months of the date of
promulgation of the present Law in the Official Gazette, the Ministry shall issue regulatory decrees pertaining to staff.
Staff of the Ministry and OGERO who are required by the Ministry
and who possess the necessary qualifications shall be transferred in accordance with the provisions of aforementioned
regulatory decrees.
2)
Terms governing the selection of
employees from the staff of the Ministry and OGERO for the TRA and the Company shall be developed within three months
following the appointment of the boards of directors
of both the TRA and the Company, in coordination with the Minister. The status
of the parties concerned shall be determined pursuant
to the provisions of the Second part of the
present article.
3)
Any employee or worker of the Ministry or
OGERO may request the termination of his or her services
within a period starting from the date of publication of the present Law in the
Official Gazette and ending six months after the
appointment of the boards of both the TRA and the Company. The
employee whose resignation is accepted shall be given additional compensation equivalent
to the sum of his or her salaries and indemnities over 30
months, provided that this sum shall not be less than 30 million
Lebanese Pounds or more than 200 million Lebanese Pounds, and that the period
of service of the employee exceeds 5 years. If his period of service is less
than 5 years, the employee shall be granted additional compensation equivalent
to two months’ salary per each year of service, provided that this compensation shall not be less than 30 million Lebanese Pounds or
more than 50 million Lebanese Pounds.
A resignation may not be withdrawn after it
has been filed with the competent administration.
The staff conditions of the Ministry and
OGERO shall be regularized as follows:
a)
Employees of the Ministry:
1)
For those who remain members of the new Ministry’s
organization, their employment conditions shall remain the same without change, especially in relation to rank and pay.
2)
If selected to work at the TRA, they shall
be removed from the Ministry’s payroll and then re-employed by the TRA in accordance with the procedure governing placement
outside the Ministry as described in the employee regulations without the need
to renew this procedure annually. Remunerations paid to the employees should
not be less than their previous salaries.
3)
If the employee chooses to work for the
Company, with the Company’s approval, his rights shall be determined pursuant
to the provisions of the present Law. The Company shall prepare a new contract
for him based on its own regulations.
4)
Provisions of this “Second” part of this
article shall apply to employees of the Directorate General of Post.
5)
In all other cases, Ministry
employees shall be transferred to other public
administrations in accordance with the provisions of the employee regulations governing transfer from one administration to another.
If they cannot be transferred, they shall
be put at the disposal of the Ministry, and they will continue
to receive their pay and compensation together with their entitled grading
until they reach retirement age. The Council of Ministers or the concerned Ministers
may charge them, at any time, with tasks to be performed in
different public administrations or establishments. In this event, they shall
receive their salaries from the establishment employing them. During this
period, the Civil Service Council shall try, whenever possible, to transfer
them to vacant posts in other public administrations, in accordance with the employees
regulations.
b) Workers and contractual personnel of the Ministry and OGERO:
1)
If selected to work at TRA, their previous
contributions to the National Social Security Fund
shall be combined with their subsequent contributions and their monthly remunerations shall not be less than their previous pay
and compensations.
2) If selected to work at the Company and they accept, they shall
be subject to the applicable laws and regulations.
3)
In all other cases, redundancy provisions
applicable at the date of publication of the present law shall be applied.
Article 50: Transfer of Functions
and Assets of the Ministry / OGERO
1)
All
functions and powers of the Ministry and OGERO defined in the present Law shall
be transferred to the TRA, after commencement of its activities pursuant to its
by-laws, and to the Company, after finalizing its incorporation procedures.
2)
Assets
to be declassified from public
properties, as well as all other assets to be transferred from the Ministry and
OGERO to the TRA shall be determined, when necessary, by a decree issued by the
Council of Ministers, upon the proposal of
both the Ministers of Telecommunications and Finance.
3)
After settling the rights of OGERO staff
and the transfer of its functions, powers and assets, OGERO shall be dissolved pursuant to a
decree issued by the Council of Ministers.
Article 51:
All legal provisions and regulations that
were applicable prior to the enforcement of the present Law
shall remain effective until this Law enters into force.
Article 52:
If necessary, details of the application of
the present Law shall be determined by decrees issued by the Council of Ministers upon the proposal of the concerned Minister.
Article 53:
The present Law shall enter into force upon
its publication in the Official Gazette.
Table
1
Personnel
of the
Position |
Category
|
Number |
1 |
1 |
|
2 |
1 |
|
2 |
1 |
|
2 |
1 |
|
1 |
1 |
|
2 |
1 |
|
2 |
1 |
|
2 |
1 |
|
2 |
1 |
|
2 |
1 |
Telecommunications
Draft Law
Table of Contents
|
||
Scope of the Law |
||
Definitions |
||
Part 2: Institutional Framework of the
Telecommunications Sector |
||
The Ministry |
||
Powers of the Minister |
||
The TRA |
||
Duties and Powers of the TRA |
||
Management of the TRA |
||
Impediments to Appointment |
||
End of Membership |
||
Remuneration |
||
Employee Regulations |
||
Budget and Funding |
||
Disclosure of Information |
||
TRA Decisions |
||
Review of Decisions |
||
Part III: Management of Radio Frequency Spectrum |
||
Radio Frequency Spectrum |
||
Licensing the Use of Radio Frequencies |
||
Collection of Fees for the Use of Radio Frequencies |
||
Part IV: Licensing of Telecommunications Services Providers and related obligations |
||
Principles of Equality and Competition |
||
Telecommunications Service Licensing |
||
Licensing Procedures |
||
Value Added Services |
||
Telecommunications Equipment and Customer Premises Equipment |
||
Approval of Equipment – Standards |
||
Transfer of Licenses |
||
Part V: Public Telecommunications Services |
||
Special Provisions Governing Public Telecommunications Services Providers |
||
Universal Service Obligation |
||
Resale of Service |
||
Rates and Tariffs |
||
Interconnection |
||
Competitive Markets |
||
Numbering Management |
||
Annual or Periodic Reports |
||
The Obligation to Submit Reports |
||
Part VI: Use of Public and Private Properties |
||
Environmental Protection and Classified Sites |
||
Use of Public Properties |
||
Use of Private Properties |
||
Part VII: Control and Inspection Procedures and imposing Penalties |
||
control and Inspection Personnel |
||
control and Inspection Procedures |
||
Notification and Amicable Settlement |
||
Imposition of Penalties |
||
Penalties |
||
Prosecution |
||
Disputes Resolution |
||
Part VIII: Liban Telecom |
||
Incorporation of the Company |
||
Licensing of the Company With Temporary Exclusivity |
||
Part IX: Transfer of Telecommunications Sector to the Private Sector |
||
Privatization Process |
||
Part X: Miscellaneous and Transitory Provisions |
||
National Security |
||
Handling of Licenses in Force |
||
Personnel of the Ministry/OGERO |
||
Transfer of Functions and Assets of the Ministry/OGERO |
||
Provisional Phase |
||
Details of Application of the Law |
||
Entry into Force |
||