Federal Decree-Law Regulating Telecommunications

Article 4 — Article (5) ¶

Part Three: The General Authority for Regulating the Telecommunications Sector and the Digital Government
Chapter One: Establishment of the Authority

Article 10 — Article (11) ¶

Chapter Two: Functions, Powers and Responsibilities of the Authority

Article 26 — Article (27) ¶

Chapter Two: Licenced Corporate Entities

Article 36 — Article (37) ¶

Part Five: Networks, Equipment & Numbering
Chapter One: Network Interconnection & Resource Sharing

Article 72 — Article (72) BIS (1) ¶

Article (72) BIS (2)
Article (72) BIS (3)
Article (72) BIS (4)
Article (72) BIS (5)

Article 84 — Federal Decree-Law No. (3) of 2003 Regulating Telecommunications ¶

We, Zayed bin Sultan Al Nahyan, President of the United Arab Emirates,
Hereby promulgate the following Decree-Law:

Part One Preamble

Article (1)
In this Decree-Law the following words and expressions shall have the meaning set out opposite unless [preview truncated]:
State:
Government:
Government Authorities:
TDRA:
Board of Directors:
Chairman of the Board:
Board Members:
Director General:
Executive Regulation:
Regulated Activities:
Licensees:
Licensing or License:
Interconnection:
Interconnection Agreement:
Telecommunications Network:
Public Telecommunications Network:
Private Telecommunications Network:
Telecommunications Services:
Public Telecommunications Services:
Wireless Transmission:
Telecommunications Apparatus:
Etisalat Corporation:
Private Land:
Public Land:
Law:

Part Two: High Committee Overseeing the Telecommunications Sector

Article (2)
Repealed by Federal Decree by Law No. (5) of 2008.
Article (3)
Repealed by Federal Decree by Law No. (5) of 2008.
Article (4)
Repealed by Federal Decree by Law No. (5) of 2008.
Article (5)
Repealed by Federal Decree by Law No. (5) of 2008.

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 Sec[preview truncated]"
Article (7)
The Authority shall have an independent legal personality with full authority and capacity to perfor[preview truncated]
Article (8)
The Authority shall have its headquarters in Abu Dhabi and a branch office in Dubai. The Board of Di[preview truncated]
Article (9)
The Authority shall conduct its activities in accordance with this Decree-Law and its implementing r[preview truncated]
Article (10)
a. The Authority shall be managed by a Board of Directors, whose formation and competences shall be [preview truncated]
1. Issue the implementing regulations after being approved by the Cabinet. 2. Prepare the State's Te[preview truncated]
b. The Authority shall have a Director General, appointed pursuant to a Federal Decree, and the latt[preview truncated]
Article (11)
Repealed by Federal Decree by Law No. (5) of 2008.

Chapter Two: Functions, Powers and Responsibilities of the Authority

Article (12)
The Authority is responsible for overseeing the telecommunications sector and Licensees in accordanc[preview truncated]
Article (13)
When carrying out its functions in accordance with this Decree-Law and its implementing regulations,[preview truncated]
Article (14)
Subject to provisions of the law, TDRA shall have the power to issue regulations, orders, resolution[preview truncated]

Chapter Three: Financial Affairs

Article (15)
The financial year of the Authority shall be from 1st January to 31st December in each year. The fir[preview truncated]
Article (16)
The Authority shall have an independent budget. The High Committee shall issue the budget for the fi[preview truncated]
Article (17)
The financial resources of the Authority consist of the following: 1. Allocations made to the Autho.[preview truncated]
Article (18)
The Authority shall collect the fees the High Committee charges for the licenses the High Committee [preview truncated]
Article (19)
The Authority may, with the approval of the High Committee, borrow funds from the Government, banks [preview truncated]
Article (20)
The Authority may undertake investments in the forms approved by the Board of Directors.
Article (21)
The Authority and its activities shall be exempt from all taxes and Government fees.
Article (22)
The Authority is not subject to audit requirements enforced by the State Audit Institution under Fed[preview truncated]
Article (23)
1. The Board of Directors shall appoint an independent auditor, registered with the relevant authori[preview truncated]

Part Four: Reorganisation of the Telecommunications Sector

Chapter One: ETISALAT

Article (24)
Etisalat no longer has the only monopoly on delivering wire and wireless communications and operatin[preview truncated]
Article (25)
Subject to any applicable transitional provisions in this Decree-Law, ETISALAT may not carry out fun[preview truncated]
Article (26)
The Emirates Investment Authority shall be entrusted, as of the enforcement date of provisions of th[preview truncated]
Article (27)
ETISALAT shall, within 90 days from the date on which this Decree-Law comes into force, amend its Ar[preview truncated]

Chapter Two: Licenced Corporate Entities

Article (28)
The High Committee shall decide upon the classes of regulated activities for which licenses may be i[preview truncated]
Article (29)
Save for the provision granting UAE nationality to companies incorporated in the UAE, the provisions[preview truncated]
Article (30)
Licensees shall accommodate special needs and requirements by contributing to the provision of such [preview truncated]
Article (31)
Regulated activities may only be carried out after obtaining a license or exemption in accordance wi[preview truncated]
Article (32)
The High Committee shall determine the form and content of licenses issued in accordance with this D[preview truncated]
Article (33)
The license application should be filled out using the standard form and submitted to the Authority [preview truncated]
Article (34)
The High Committee will then decide whether or not to grant a license to the applicant. The Committe[preview truncated]
Article (35)
The license granted under this Decree-Law shall not exempt the Licensee from obtaining such licenses[preview truncated]

Chapter Three: Exemptions

Article (36)
The High Committee may, at its discretion: 1. Exempt a Licensee from the requirement to comply with [preview truncated]
Article (37)
1. Individuals and corporate entities, including Government entities, shall not be allowed to provid[preview truncated]

Part Five: Networks, Equipment & Numbering

Chapter One: Network Interconnection & Resource Sharing

Article (38)
The Authority shall do all things necessary to facilitate the interconnection of telecommunications [preview truncated]
Article (39)
1. Any dispute arising between parties to an interconnection agreement shall be referred to the Auth[preview truncated]
Article (40)
1. A Licensee may request the Authority to determine any dispute that arises between him and another[preview truncated]
Article (41)
ETISALAT and its affiliated entities shall, at the request of the Authority, provide connections to [preview truncated]

Chapter Two: Equipment Permits

Article (42)
The Authority will be solely responsible for issuing permits and licenses for telecommunications equ[preview truncated]
Article (43)
Government entities in the UAE shall be exempt from the requirement to obtain a permit from the Auth[preview truncated]

Chapter Three: Numbering Administration

Article (44)
The Authority shall distribute line switches, telephone numbers and supported functions to Licensees[preview truncated]

Part Six: Regulation & Distribution of Frequencies

Article (45)
repealed by Federal Decree by Law (5) of 2008.
Article (46)
1. A committee – called the "Coordination Committee" – shall be formed pursuant to a resolution issu[preview truncated]
Article (47)
The national frequency plan must be consistent with international regulations related to utilization[preview truncated]
Article (48)
The Authority shall have the competence of distributing, allocating, and cancelling the frequency sp[preview truncated]
Article (49)
The Authority shall, within a period of 9 months after this Decree-Law has come into force and after[preview truncated]
Article (50)
No person may establish or use a wireless transmission station or install or use a wireless transmis[preview truncated]
Article (51)
A person who is applying for, or seeking to renew a frequency spectrum license, shall pay the fee sp[preview truncated]

Part Seven: Operation and Protection of Telecommunications Networks and Lines

Chapter One: Network Operation

Article (52)
Government entities shall grant persons licensed to operate public telecommunication networks within[preview truncated]
Article (53)
Article (52) of this Decree-Law does not apply to public lands occupied by Government entities and d[preview truncated]
Article (54)
A person licensed to operate a public telecommunications network may, after obtaining permission fro[preview truncated]
Article (55)
Persons licensed to operate public telecommunications networks shall be exempted from paying fees an[preview truncated]
Article (56)
The High Committee may issue regulations allowing Licensees to enter upon private land and any build[preview truncated]

Chapter Two: Protection of Telecommunications Lines and Networks

Article (57)
Persons carrying out work in close proximity to utility lines, wires, cables, equipment and installa[preview truncated]
Article (58)
In case of work that will obstruct or in any way interfere with utility lines, wires, cables, equipm[preview truncated]
Article (59)
In addition to the penalties provided in this Decree-Law and in any other law, a person who causes d[preview truncated]

Part Eight: Transitional Provisions

Article (60)
The High Committee shall grant a company owned by ETISALAT a temporary license authorizing the compa[preview truncated]
Article (61)
ETISALAT shall continue to use the frequency spectrum assigned to it by the Ministry of Communicatio[preview truncated]
Article (62)
ETISALAT shall, within 90 days from the date on which this Decree-Law comes into force, provide the [preview truncated]
Article (63)
The Ministry of Communications shall, within 90 days from the date on which this Decree-Law comes in[preview truncated]
Article (64)
ETISALAT shall, within 60 days from the date on which this Decree-Law comes into force, deliver to t[preview truncated]
Article (65)
1. The High Committee shall, on a date of its choosing, issue appropriate directives for the transfe[preview truncated]
Article (66)
The High Committee is solely responsible for resolving any dispute that may arise concerning the app[preview truncated]
Article (67)
If so requested Government Entities shall take all necessary measures to facilitate the registration[preview truncated]
Article (68)
The High Committee may delegate ETISALAT to carry out some of the Authority's responsibilities under[preview truncated]
Article (69)
Current ETISALAT decisions and regulations which list and determine the technical specifications of [preview truncated]
Article (70)
1. Licenses and permits issued by ETISALAT under Articles 4(f), 10-1 and 10-2 of Federal Law No. (1)[preview truncated]

Part Nine: Penalties

Article (72)
A penalty of imprisonment for a period not exceeding (1) year and a fine not less than AED (50,000) [preview truncated]
Article (72) BIS (1)
A penalty of imprisonment for a period not exceeding (1) year and a fine not less than AED (50,000) [preview truncated]
Article (72) BIS (2)
Whoever eavesdrops on the content or substance of phone calls – without the prior permission from th[preview truncated]
Article (72) BIS (3)
Whoever exploits or uses telecommunications services to abuse, annoy, hurt others' feelings, or for [preview truncated]
Article (72) BIS (4)
Whoever uses forgery or fraud with the aim of obtaining telecommunications services, subscribing to [preview truncated]
Article (72) BIS (5)
Whoever provides a third party with any of the telecommunications services without obtaining the doc[preview truncated]
Article (73)
The penalty shall be a jail term of not more than 1 year and a fine of not more than AED 1,000,000 o[preview truncated]
Article (74)
The penalty shall be fine of not less than AED 50,000 and not more than AED 1,000,000 for a person w[preview truncated]
Article (75)
After obtaining prior approval from the Authority, a Licensee may place under surveillance any equip[preview truncated]
Article (76)
A confiscation order will be issued for any wire or wireless equipment, or other devices or hardware[preview truncated]
Article (77)
Crimes committed by corporate entities will be subject to the corresponding penalty provision applic[preview truncated]
Article (78)
The application of the penalties described in this Decree-Law shall be subject to any severer penalt[preview truncated]
Article (79)
In case of repeated offence, the above punishment terms shall be doubled.
Article (79) BIS (1)
Whoever violates any provision of this Law's provisions or its implementing regulations, or any regu[preview truncated]
Article (79) BIS (2)
The Board of Directors may impose administrative fines on licensees in the event of their violation [preview truncated]
Article (80)
Subject to any applicable transitional provisions in this Decree-Law, Federal Law No. ([preview truncated]
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 fo...[preview truncated]
1. ETISALAT shall deliver wire and wireless communications and operate, maintain and develop the ..[preview truncated]
Article (4)
a. Constructing, maintaining and operating telegraph, telephone and telex networks, and local and..[preview truncated]
2. Without prejudice to the attainment of its principal objectives, ETISALAT will be entitled to ..[preview truncated]
a. Conclude contracts and agreements. b. Establish companies, enter into partnerships or acqui..[preview truncated]
Based on the regulations issued by The General Authority for Regulating the Telecommunications Secto[preview truncated]
Article (21)
Article (25)
Article (31)
Article (33)
Article (47)

Part Ten: Final provisions

Article (81)
All corporate entities carrying on regulated activities at the date on which this Decree-Law comes i[preview truncated]
Article (81) BIS
The Authority, for the purpose of achieving its tasks, control violations related to the provisions [preview truncated]
Article (82)
All provisions contrary to this Decree-Law shall be repealed.
Article (83)
The High Committee shall issue the implementing regulations and other regulations, decisions and dir[preview truncated]
Article (84)
This Decree-Law shall be published in the Official Gazette and shall take effect from the date of pu[preview truncated]