The Telecommunication General
Bylaws 2002
Contents
Chapter 1: Preliminary Provisions.
Chapter 111: Allocation and Licensing of Frequencies and Frequency Bands.
Section two: Private Telecommunication Networks.
Chapter VII: General Provisions.
The Telecommunication General
Bylaws 2002
In exercise of the powers conferred upon it by the Republican Decision No. (142) dated April 17, 2001, on the basis of the Ministerial Decision No. (20) for the year 2001 dated 22.10.2001 and in implementation of the terms of Section 46(1) of the Telecommunication Act 2001, the Minister of State, with the approval of the Minister of Information and Communications, hereby make the following Regulations :
Preliminary Provisions
Title and Validity
1. These Regulations shall be titled “ The Telecommunication General Bylaws 2002 and shall come into force as from date of signature.
Interpretation
(a) The words and expressions mentioned herein shall have the same meanings as in the Telecommunication Act 2001.
(b) Unless the context otherwise requires, the following words and expressions shall have the meanings attached thereto respectively:
“The Act” means the Telecommunication Act 2001
“license certificate” means the certificate which proves that the licensee was awarded a license in accordance with the provisions, of this Act.
“Interconnection”, means connecting different parts of apparatus or appliances within or between networks, so as to enable beneficiaries of any network to access other beneficiaries and services of other networks.
“Interconnection Agreement” means the contract concluded between two operators to interconnect their networks in order to carry telecommunication traffic services between them.
“Reference Interconnection Offer, RIO” means the guide or referential conditions of the interconnection agreement issued by the party operating in the field of providing telecommunication services for the purpose of being studied by any other party operating in the field of providing telecommunication services for interconnection of the two parties’ networks.
“Dominant Operator” means the operator who owns the largest portion of the telecommunication facilities through which he shall have the largest share of the telecommunication market.
“Interconnection points” means the points at which two networks of two different operators are connected.
“Predatory pricing” means lowering service rates to the extent of extinguishing competitors from the communication market for the purpose of dominating the market.
“Cross – subsidy” means a process whereby the operator heightens the rates in the market controlled by him and uses the surplus income in reducing the rates in another market for the purpose of improving his competitive situation.
“Effective marketing influence” means the position enjoyed by one or more operators so as to influence the service rates of other operators.
“The Agreement” means the licensing Agreement concluded between the Corporation and the licensee.
Licensing
Section one
Licensing of Public Telecommunication Networks
Public Telecommunication Network Services
3- Services of public communication networks shall be as follows:-
a) Fixed telecommunications.
b) telecommunications through network carriers.
c) Mobile telephone.
d) Paging.
e) Fixed or mobile satellite telecommunications.
f) Data and information transmission.
g) Additional public telecommunications.
h) Broadcasting stations,
i) Remote tracing, control, measurement and determination of locations.
j) Radio telecommunications.
k) Any other services determined by the Board.
Licensing of Public
Telecommunication Network
4. (1) Applications for licensing of public telecommunication network shall be submitted in six copies to the Director General as per the guide for preparation of a license application, form No. (1) attached hereto, following payment of prescribed fees.
(2) The license application shall be accompanied by the following: -
(a) a comprehensive study on the project including technical, organizational, operational and financial plans as well as all other supporting particulars, information and documents.
(b) a clearance certificate from the Zakat and certificate of discharge from Taxes.
(c) a financial solvency certificate from a recognized bank in Sudan.
(d) a declaration to the accuracy of particulars and information contained in the application.
(3) The applicant must be a company registered in Sudan for operation in the telecommunication field or shall submit a confirmation to the effect of performing registration procedure within thirty days from the date of being notified on the application approval.
(4) Notwithstanding the terms of sub-sections (2) and (3) above, applications for broadcasting stations shall be submitted to the Director General following the approval of the Competent Minister.
Study of the License Applications
5. (1) The Corporation shall study and evaluate applications according to the following basis:-
(a) the project is in line with the plans, policies and regulations for the provision and introduction of telecommunication services as approved by the Corporation.
(b) the project is keeping pace with modern technology and the international standards specifications.
(c) consideration of technical, commercial, organizational and operational plans.
(d) consideration of fairness and availing free competition.
(e) the project is providing advanced, efficient and high quality telecommunication services at reasonable rates.
(2) The corporation may seek the assistance of any expertise to study the application submitted and may invite the applicant for discussions.
Obligations of a licensee
for a public telecommunication network
(a) observe the conditions of the Agreement,
(b) observe the terms of regional and international agreements and the regulations of International Communication Union and the appendices, regulations and amendments to be endorsed from time to time.
(c ) execute the project as per the timetable specified in the study and shall also notify the Director General on any hurdles hindering the execution at any of its phases.
(d) provide the service on fair basis and avail opportunities without distinction save for national security requirements.
(e) provide emergency and subscriber services on his network and any other services as decided by the Board free of charge.
(f) establish a special section for receiving complaints concerning the standard and quality of service and take remedial actions as soon as possible.
(g) offer highly efficient and good quality services at all times.
(h) submit drafts of contracts to be concluded between him and the beneficiaries of his services to the Corporation for approval.
(i) use the numbering approved for him and shall not amend the same save after the written approval of the Director General.
(g) not withdraw or halt the service provided to a beneficiary save under the circumstances provided for in these Bylaws.
(k) not transfer the license to any other person save after the written approval of the Board.
(l) submit the final audited accounts for each financial year within one month from the date of its endorsement.
(m) submit the annual report to the Director General showing the technical, administrative, financial and organizational aspects. He shall also furnish the Director General with any information statements or statistics, as requested, within a period not exceeding fifteen days from the date of such request. Nevertheless the Director General may request any information at any time if necessity so requires.
(n) implement the decisions and directives issued by the Director General.
(o) not amend the service tariff approved by the Board save under the provisions of these Bylaws.
(p) pay the annual prescribed fees as specified in the agreement.
(q) notify the Director General on any amendments which occur to the Company’s articles of association, particularly those concerning the founders.
(r) inform a beneficiary with the details of his consumption as follows:
(Firstly) on regular basis if the licenses adopts post payment system.
(Secondly) allowing him to review the details of his consumption and the approved tariff conditions.
(Thirdly) allowing him to review the details of the service in case of pre-payment.
Section two
7. The service of private networks shall as follows :
(a) Fixed telephone.
(b) Data transmission.
(c) Radio telecommunications.
(d) Broadcasting stations.
(e) Air navigation.
(f) Sea navigation
(g) Fixed and mobile satellite telecommunication.
(h) Paging
(i) Scientific and experimental researches
(j) Rescue and warning.
(k) Remote tracing, control, measurement and determination of locations.
(l) Protection including (cameras, radars and detectors).
(m) Mobile telephone
(n) Any other private network services as specified by the Board.
Licensing of Private
Telecommunication Network
8. (1) Applications for licensing of private telecommunication network shall be submitted in six copies to the Director General as per the guide for preparation of a license application, form No. (1) attached hereto, following payment of prescribed fees.
(2) The license application shall be accompanied by the following: -
(a) company or commercial name registration certificate issued by the competent authorities in Sudan.
(b) a study on the service for which the license is sought and the rationale for such service.
(c) a comprehensive study on the technical and organizational working plan.
(d) a clearance certificate from the Zakat and certificate of discharge from Taxes.
(e) a declaration to the accuracy of particulars and information contained in the application.
(3) Notwithstanding the terms of sub-section (1) above, applications for broadcasting stations shall be submitted to the Director General following the approval of the Competent Minister.
Study of the Application for Privates
Communication Network
9.(1)The Corporation shall study and evaluate the license applications in the light of the following bases, namely that :
(a)The network project conform with plans, polices and means of supplying the communication services and construction thereof as approved by the Corporation.
(b)The network project coincide with the new technology and international specifications standards.
(c)The project conform with the international communication network in the Sudan.
(d)The needs for the construction of the private network for the service of the license applicant are satisfactory.
(2)The corporation may seek any experience in the study of the submitted application and it may call the applicant for discussing the same
Obligations of the licensee
of a Private communication network
(b)not import the equipments save after frequency designation according to the requirements of the network operations subject to the provisions of these regulations.
( c)not to offer any commercial services to the public.
(d)use the license for the purpose specified thereto only.
(e)execute the service in the limited time specified in the study and shall inform the Director General of any obstacles that hinders the executions.
(f)supply the Director General with any reports or information or statements required thereby at any time in a period not exceeding fifteen days ;provided that the Director General may request any statements or information at any time if necessity so requires.
(g)execute the directions and decisions issued by the Director General,
(h)not dispose of the equipments the operating networks in case of stoppage of the service or disposal thereof save after referring the same to the corporation to take the decision thereon.
(i)not cause any damages to the operating network when constructing the Network and in case any damages caused he shall rectify such damage according to the decision of the Board.
(j)make valuable the technically efficient cadre.
(k)satisfy the prescribed fees.
Part three
License for import and Trade in the Communication
equipments and Material
Imported equipments and Materials and Trade thereon
11.(1)The licensee may import and Trade on the communication equipment and materials and accessories thereof.
(2)Radio-equipments and accessories thereof shall not be imported or traded thereof save by the bodies licensed thereto for using the same in accordance with the provisions of these regulations.
Import and Trade License
12.Applications for import and trade license of the communication equipment shall be submitted to the Director General accompanied by the following statements :
(a)certificate of registration of the company or business name form the competent authorities.
(b)certificate of satisfaction of Zakat and Taxes.
(c)certificate of financial ability from any accredited Bank.
(d)attestation confirming the establishment of and maintenance workshop.
Study of the Applications for Import
Trade and Communication Materials
13.The corporation shall study and evaluate the applications for import trade and communication materials on the following bases :
(a)the ability of the applicant to construct an equipped workshop to give services after sale.
(b)guarantee of continuity of spare parts.
(c )any other information which helps in the study of the application.
Issued of the Import and
Trade License of Communication
Equipments and Materials
14.(1)The Director General shall issue the license of the import and trade license of communication equipments and materials, according to Form No.(2) attached hereto after payment of the prescribed fees.
(2)The license shall be for a period of one year from the date of issue thereof, and may be annually renewed after satisfying the specified conditions and payment of the renewal fees.
(3)The licensee shall have the right to import communication equipment and materials at a reduction in the release approval fees as provided for herein these regulations within the license period.
Obligations of the License to import and Trade in
Communication equipment and materials
15. The licensee to import and trade in communication equipment and materials shall :
(a)make available the spare parts and guarantee the continuity thereof.
(b)make available the qualified technical cadre.
(c )construct and equipped workshop with all maintenance and specification equipment.
(d)exhibit the license certificate in a conspicuous place.
Part Four
Assembling of communication equipment
And materials and manufacture thereof
16.(1)Applications for assembling of communication equipment and materials and manufacture thereof shall be submitted to the Director General according to Form No.(1) attached hereto in six copies after payment of the prescreened fees.
(2)The application for license shall be accompanied with the following :
(a)complete study of the project comprising the technical, administrative, organizational and financial plans and all confirming statements information and documents.
(b)certificate of satisfaction of the Zakat and Taxes.
(c )certificate of financial ability form an accredited Bank in the Sudan.
(d)attestation confirming the authenticity of the statements and information mentioned in the application.
(3)The applicant shall be accompany registered in the Sudan in the field of communication or furnish the steps taken towards registration within thirty days form the date informing him with the acceptance of his application.
Study of applications for license of assembling of
Communication equipments and materials and manufacture thereof
17.(1)The Corporation shall study and evaluate the applications according to the following, namely that,
(a)the project conform with plans policies and means of supplying the communication service and construction thereof as approved by the corporation,
(b)the project coincide with the new technology and international specifications,
(c )the development and economic seeds of the country are taken into consideration,
(d)the technical administrative organizational, and commercial plans are taken into consideration,
(e)justice, non discrimination and free competition has be catered for,
(f)the project shall make available very high developed efficient communication equipment and materials and in reasonable price.
(2)The Corporation may seek the expertise of any body in studying the application, and may call the applicant to discuss the application with him.
Obligations of the Licensee to assemble
And Manufacture of Communication Equipment
18.The licensee to assemble and manufacture communications equipment and materials shall ;
(a)observe the conditions of the agreement,
(b)observe that production shall conform with the international specifications and standards approved in the Sudan,
(c )execute the project in any of its stages according the limited time specified in the study and shall inform the Director General with any obstacles that hinders such execution,
(d)not transfer the license to any other person save under the written approval of the Board,
(e)affix a label on the produced thing showing its approved standard specification,
(f)inform the Director General with any charges in the establishment agreement specially the establishing members,
(g)execute the decisions and directions of the Director General.
Designation of Frequencies and Frequency
Bands and license thereof
Part one
General Communication Network
Designation of Frequencies and Frequency
Bands and License thereof
19. the services for which frequencies and frequency band may be designated thereto are as follows :
(a)fixed communications.
(b)mobile telephones
(c )transmission networks
(d)radio networks
(e)transfer of statements and information
(f)mobile and fixed satellite communications
(g)transmission stations
(h)mechanical call
(i)additional general communications
(j)follow control and distant measure and point determination
(k)any other services as specified by the board.
Designation and License application
20.(1)Applications for designation and license of frequencies for general communication network shall be submitted to Director General in six copies according to Forms No.(5) and (6) attached hereto after payment of the prescribed fees.
(2)The following shall be attached with the application mentioned in sub-section (1): -
(a)full technical detailed description of the services required thereto a license for designation and license of frequencies together with specifying the required frequency band length.
(b)full technical specification for the equipment to be used for transmission and receiving its type and phase of construction.
(c )the approval of the corporation on the project.
(d)places and geographical coverage for the required frequencies and designation thereof.
(e)plan of connection with other networks.
Study of the applications for designation
And License of Frequencies Bank
21.(1)The corporation shall study the application according to the following bases,:
(a)that the applicant adheres to the international laws organizing the use of Geographical area frequency spectrum No.(1) as specified by the International Communication Union.
(b)that the use of efficient frequency spectrum is guaranteed being Valuable national recourse.
(c )not to give preference to special highly technical organs that lead to the predominance and monopoly.
(d)to care for justice and free competition.
(e)to guarantee enough frequency spectrum for the different services.
(f)encourage the use of frequency spectrum in the higher space.
(g)not to interfere in such manner that cause damage to other networks.
(2)The corporation may seek any expertise in the study of such application and may also call the applicant for discussing the application.
Obligations of the Licensee
With Frequencies and Frequency Bands
22.The licensee thereto with frequencies for operation of general communication network shall :
(a)be alighted with the conditions of the license specially to what relates to :
(i)frequencies and frequency spectrum designated thereto.
(ii)type and specifications of the transmission equipment.
(iii)geographical area limits where he is allowed to work therein.
(iv)efficiency of the persons employed for operating such system.
(v)none interference with others.
(b)be obliged with the international agreements and the rules and systems of the International Communication Union specially to what related to the frequencies of international use.
(c )inform the corporation of any changes in the telecommunication systems approved thereto for operation or specification.
(d)make available the necessary information and protection from interference and standards of specifications and safety.
(e)use modern technology that help in the best use of frequency spectrum as far as possible.
(f)not use the frequency specified thereto in any manner that contradicts with the public interest and in other object not specified thereto.
(g) Make available the necessary equipment to guaranty the consistency with other approved networks thereto.
(h) inform the Corporation at the time of stop of operation of the designated frequencies thereto.
(i) not to dispose the frequencies or equipments or transfer the possession thereof to any other body save under the written permission of the director general.
(j) deliver the license certificate at the time of cancellation of such license.
(k) not allow the use of the frequencies by any other body.
(i) not remove the place of the equipments without reference to the corporation.
(m) not cause any damage to others.
(n) pay the prescribed the annual designation fees and renewal thereof.
Period of validity of the license of frequencies and
Frequency bands for general communication network
23.(1) The license of frequencies and frequency bands shall be for one year to every body after payment of the prescribed fees.
(2) Notwithstanding the provisions of sub-section (1), the Board, may, on the recommendation of the Director General, external such period as it thinks reasonable.
Cancellation of license and designation frequencies and frequency bands for general communication network
24. The director general may cancel the cancel the license and the designation of frequencies designated for general communication network in the following circumstances where:
(a) the prescribed designation fees are not paid at the fixed time.
(b) there is contravention of the designation and license condition.
© the licensee business is liquidated or he was declared Bankrupt;
(d) the frequencies were used in purposes touching the national security and public order of the state,
(e) there is interference with a general or private network.
(f) the frequencies were not used during the three months of the date of coming into force the license.
(g) the license of the general network is cancelled.
(2) Notwithstanding the provisions sub-section (1), the said body shall be notified to rectify its position within there months and in case of no response is made then the license shall be cancelled.
(3) In the case cancellation of the license then the Director General shall take steps in the process of taking over the possession of the equipments according to law.
Part Tow
Private of frequencies and frequency
Bands of general communication
Network and license thereof
25. The services for which frequencies designation and license be as follows:
(a) Fixed Telephones,
(b) Mobile Telephones,
© Private telecommunication
(d) Air Navigation,
(e) sea navigation,
(f) private mechanical call,
(g) scientific researches and experiments,
(h) private rescue services,
(i) point determination and mechanical follow-up,
(j) protection network,
(k) Telecommunication pleasures,
(i) Transmission station,
(m) Any other services as may be added by the Board.
Application for designation and license
For frequencies and frequency bands
26.(1)Applications for designation and license of frequencies and frequency bands for private communication network shall be submitted to the Director General in 6 copies according to form No.(5) and (6) herein and after payment of the prescribed fees.
(2) The following documents shall be attached with the application provided for under sub section (1):
(a) completed technical study for the services for which the license is requested together with specification of the required equipments.
(b) technical and administrative documents proving the establishment of the private Network and those proving the business of the applying body require the presence of a private communication Network thereto,
© Place and geographical area converge of the network.
(d) Plan of execution of the Network.
(e) Certificate of registration in Sudan of a company or business name of the applying body.
(f) Certificate of financial ability.
(g) Certificate of satisfaction of Zakat and taxes.
Bases study of the Designation
And license Applications
27.(1) The corporation shall study application according to the following bases:
(a) The network project shall not communication services and Construction thereof as approved by the corporation.
(b) the proposed equipments conform with the modern technology and international specification which guarantee the best use of frequency spectrum.
© the use of frequency Bands is encouraged.
(d) consideration is made for present and future national requirements and full flexibility in the in the satisfaction of the requirements of designation of the frequencies.
(e) ensure that the qualified technical cadre have been recruited.
(h) the applicant is obliged with the international laws regulating the use of frequency spectrum for the Geographical Area No.(1) as described by the International Communication union.
(i) the licensed Network shall not cause any harmful interference with other Networks.
(2) The Director general may issue licenses of Telecommunication equipment use according to form No.(7) herein provided for.
Obligation of the licensee with frequencies
And frequency Bands
28. The licensee of frequencies of private communication Network shall:
(a) be obliged with the conditions of the contract and specially with regard to:
(i)the frequencies and the frequency Bands designated thereto;
(ii) type and specification of the equipment.
(iii) the Geographical Area limits and the places approved thereto to perform his business.
(iv) the efficiency of the persons who shall carry out the operation of the Network.
(v) not interfere with other Networks.
(b) inform the corporation with any changes in the specification and place the Network equipment approved thereto for operation.
© use modern technology to help in the best use of the frequency spectrum.
(d) not offer commercial.
(e) furnish the Director General with any reports or information requested about the Network at any time.
(f) deliver the equipments to the corporation or destroy the same under the supervision of the corporation in case such equipments are out of use.
(g) not cause any harm to others when executing the Network.
(h) inform the director general at the time of stopping the use of the designated frequencies.
(i) fix the license in a conspicuous place.
(j) use the equipment only for the purpose for which the license was granted.
(k)furnish the corporation with the names of radio workers and their qualifications to grant them the required permits.
(i) issue identity cards for those workers permitted to use mobile equipment, such card shall comprise the following:
(i) name of the licensee and address thereof.
(ii) name of the user of the apparatus.
(iii) No. of license and date thereof.
(m) furnish the external workshop for maintenance of the radio apparatus with:
(i) Type and specification.
(ii) name of the license and address thereof.
(iii) No. of license and date thereof.
(n) not add any Radio apparatus or its accessories save after obtaining the approval of the Director General.
Validity of the license of frequencies and
Frequency bands for private communication network
29.(1) The validity of license of Frequencies and Frequency bands for any body shall be one year or part of a year after payment of the prescribed fees.
(2) Notwithstanding the provisions of sub-section (1), the Board may, on the recommendation of the director general, approve the extension of the period as it thinks, reasonable.
Cancellation of the license and designation of
Frequencies and frequency bands of private
Communication Network
30.(1) the Director general may cancel the designation and license of the frequencies and frequency Bands of private communication Network in the following cases:
(a) non payment of the prescribed fees for designation or renewal thereof at the fixed time.
(b) contravention of the designation and license conditions.
© liquidation of the business of the licensee or being declared bankrupt or loss of capacity.
(d) the use of likened frequencies in purposes touching the National security or public order of the state.
(e) interference with a general or private Network.
(f) Non use of the frequency or frequency band within three months from the date of coming not force of the license.
(2) Notwithstanding the provision of sub-section (1), the licensee shall be notified to rectify his position in a period not exceeding thirty days and in case no response is made for rectification the license shall be cancelled.
Interconnections
Services Requiring Interconnection
31.The Dominant operator shall make available the interconnection service for the following services:
(a) local Telephones,
(b) national telephones,
© International telephones,
(d) mobile telephones,
(e)data exchange,
(f) satellite communication,
(g) internet services,
(h) paying services,
(i) additional communication services,
(k) transmission services,
Objects of Interconnection
32. The objects of Interconnection shall be follows namely to:
(a) encourage interconnection between networks so as to make available sources that decrease the prices and satisfy the requirements of the beneficiaries.
(b) make available equal competition opportunities between the network, operators that lead to create a communication sector with a very high efficiency.
© qualify the existing working companies to enter into local and international communication markets with enough experience.
Bases and Principles of Interconnection
33. The operator shall offer the Interconnection services for the operators on the following basis and principles namely to:
(a) connect any of his network points which could be technically reached,
(b) connect without discrimination between operators according to the reference interconnection offer,
© connect in a unified price according to the actual cost and in a wholesale price without discrimination or favoritism,
(d) connect at his network on the date specified in the agreement in force between him and the other party.
Obligations of the Interconnection parties
34. The obligations of interconnection parties shall be as follows; namely to:
(a) obtain the approval of the bodies concerned to erect poles and stretch wires in the land pavements.
(b) offer the interconnection services at connection points other than the connection points contained in the reference interconnection offer and the price thereof shall rely on the cost account principle and according to the bases agreed upon.
© sustain from any action that lead to injustice between the operators or to join a partnership or agreement which lead to the lowering of the cost for one operation, and shall inform the corporation in case of general lowering of the cost for all operators.
(d) abstain from using the information obtained as a result of working with other operators in any work that lead to the disturbance of the just and free competition.
(e) enable the other operation to now about the power of his network and his plans for expansion and modernization.
(f) specify the responsible body of the interconnection services and make available the necessary information.
(g) prepare the reference interconnection offer according to the guide to be prepared by the corporation.
(2) In addition to the provisions of sub-section (1) the dominant operator shall be obliged to:
(a) establish a separate administration technical and financial administration to carry out the international affairs of the interconnection between the different networks and offer its service to all parties including the dominant operator clearly and without discrimination.
(b) qualify the established administration organizationally, administratively and financially that enable the corporation to supervise the performance thereof and ensure the equality of its work with all parties.
© respond to the request of any operator or service giver at any time or at any acceptable time declared and informed thereof to the corporation so as to look at any conflict relating to interconnection raised and have relation with tariff or conditions or procedural means used in execution. The corporation may, if it is convinced with the facts submitted by the aggrieved, approve the result accepted by this party, or may amend the same or permit him to connect his services
international in a separate direct manner and avail his requirement of interconnection in the manner accepted thereby.
Interconnection points
35.(1) The connection shall take place at the following points:
(a) output of the local frames
(b) output of national and International frames
© Mobile telephone frames
(d) Customers services connection and distribution frames.
(2) No connection shall take place in the customers lines and rooms relating thereof.
Unit-completive competitive conduct of the dominant operator
36. The following shall be considered as unit- competitive conduct of the dominant operator:
(a) refusal or delay in forwarding the competitors with the main necessary requirements and the necessary services for connection of Network.
(b) the offer the services to the competitors at high prices or discrimination between them in prices.
© using predatory pricing
(d) using cross-subsidy
(e) to offer number of services in the form of collectivity which add to the dominant operator exceptional privileges or compel the competitors to accept services not needed thereby.
(f) misuse of the information collected from the operators connected to his network in a manners that leads to weaken the ability of the competitors of the operators.
(g) use the pressure of vertical pricing by increasing the cost of the necessary infrastructures with the object to weaken the competitors or exclude them out of the market.
(h) misuse of the beneficiaries' information in the trade of the competitive communication services toward other operators without showing such information with other competitive operators.
(i) restrict the beneficiaries by long term contracts that forbid them to change to another operator.
Checking of the non- competitive conduct
37. the corporation shall take the following procedures and measures to check the non-competitive conduct by the dominate operator:
(a) undertake complete investigation to discover any
non-competitive activities.
(b) oblige the dominant operator to disclose all the document required by the corporation.
© request the wholesale cost of sales and retail cost of sale separately.
(d) any other measures or procedures as the corporation may think necessary.
Services
38.The principles and bases for making the tariff for the General communications service shall be as follows namely to :
a)rely on the actual cost,
b)follow in its preparation practical way that does not require high intelligence,
c)be just and does not discriminate between the beneficiaries,
d)care that it shall not have a possibility to finance the cost of certain services through other services unless there are valid satisfactory reasons
e)conform with notional and international specifications and standards as far as possible.
f)take into consideration the current prices of communication services offered by operators of effective marketing powers.
g)take care that it does not embody devaluations the object of which is to restrict competition.
Manner of Preparing
The tariff
39.The Corporation shall inform the operator with the manner of preparing the tariff in any of the following manners :
a)cost of offering efficient service,
b)price coverage,
c)average return or incentive return,
d)comparative measure,
e)any other manner as the corporation may think reasonable.
Documents Necessary for
Amendment of the Tariff
or Review Thereof
40. (1)for the purpose of amendment or review of the tariff the licensee shall submit the following :
a)detailed specification of the service containing the details of its fitness and new conditions and terminologies,
b)the last audited account by a certified accountant,
c)details of the actual income and expenditures and the amount of return to the percentage of additional service income to the total actual income,
d)details of the marginal contribution towards the cost components for the whole services,
e)the plan of investment and finance for the next year,
f)volume of sales and flexibility of actual demand,
g)all details and justifications authenticated by documents for the purpose of audit,
h)lists of costs that include the following :
(i)accounting method used in costing,
(ii)purchases, marketing, salaries, wages, depreciation, and actual financial cost for the current and coming year,
(iii)actual production power rate used for the current year and that anticipated for the next year .
(2)For the purposes of sub-section (1) the corporation may compare the prices and costs of similar services offered in similar markets.
Procedure of Submitting
41.(1) The Board may review the approved tariff of services of the licensee annually.
(2)The operator must submit the tariff proposal in writing at the end of the third quarter of each financial year.
(3)The Board shall issue the approval decision in a period not exceeding six weeks from the date of receipt of the complete application and such decision shall be final.
(4)The Board may reject any tariff proposal application submitted by the operator if the operator fails to submit any of the required documents
(5) Not-with- standing the provisions of sub-section (1) the Board may
a)amend the previous tariff according to the statements submitted thereto.
b)Oblige the operator to continue applying the tariff in force without any amendment for a period of one year.
(6)The Board shall not decide in the amendment of the approved tariff save after the lapse of three years from the date of its application.
42. (1) The tariff rates shall come into force after approval thereof and the operator has been informed with the same in writing.
(2)The operator shall make public the approved tariff for one month before applying such tariff including the specification of the services in a manner that does not contradict with the type of services approved by the board.
(3)The board may review the tariff and revise the same if it is proved that the documents submitted by the operator were not correct and shall inform the operator with the same in writing.
(4)The board shall take the decision of revision within eight weeks from the date of informing the operator according to sub-section (3).
(5)The corporation shall supervise the actual implementation of the approved tariff through-out the enforceability period thereof.
Interconnection Tariff
Bases of determination of
Inter -connection Tariff
43.(1) The bases of determination of inter–connection tariff shall be as follows, namely that:
a)the corporation encourages the direct negotiations between the operators to reach agreement within the range of the directives and rules made by the board,
b) pricing between the operators shall be based on the actual connection cost,
(2)The calculation of the connection cost shall be as follows, namely that:
a)such cost shall include any special cost and any other general or contributory cost,
b)the connection cost shall include the cost of those units used in such connection,
c)the exclusion of any cost or service not being part of the connection
d)the cost of the used units in the inter-connection shall be based on the actual cost,
e)the present cost of the components of the connection units or its book value shall be taken into consideration whichever is the less,
f)agreement take place on a percentage of the general cost and the contributory cost to be added to the connection used cost according to accepted engineering rules and reasons,
g)agreement on the percentage of return to be added to the cost which coincide with the percentage of investment return in the field of communication at the time of agreement,
h)the cost of the units used in connection shall not include any other additional cost as a result of inefficiency of the operator.
(3)The components of the cost of the units used in the connection shall be any of the following types namely the cost of:
a)main network,
b)link network,
c)parts of other networks
(4)The component of the general and contributory cost shall be any of the following types namely the :
a)contributory cost of the main network and the link network,
b)general cost and contributory cost for the communication services,
c)general cost of link networks.
Inter-connection
Agreements
44.(1) each of the contracting parties shall inform officially with their agreement separately and lodge a copy thereof with the corporation and the corporation shall ensure that the rate of the connection prices were based on the cost.
(2)The agreement shall not contain payment of a monthly fees or rent for units, more than the approved tariff.
(3) the connection tariff included in the connection agreement shall not be lowered save on the approval of the board.
(4)Not- with- standing the provisions of sub-section (1), and in case the parties do not reach to an agreement between themselves, then any of the parties shall inform the board in a period not exceeding two months from the starting date of negotiations relating to the connection.
(5)The corporation shall after being notified under sub-section (4) study the connection pricing between the operators and its decision shall be based on the actual cost.
The fees for designation of
Frequencies and Frequency
Bands and license thereof
45.(1) The fees for designation of frequencies and frequency bands and license thereof shall be composed of : -
a)fees for issue of certificate of license and frequency designation and frequency bands,
b)annual renewal fees of the license.
(2)The license of designation frequencies and frequency bands shall be renewed annually after payment of the prescribed fees, on the application of the body requiring to use such frequencies and bands thereof such application must be submitted before one month of the end of the license.
(3)The amount of the fees for the frequency designation and frequency bands and frequencies license shall be paid according to schedule No. (2) attached hereto.
(4)The amount of fees for the use of wireless equipments shall be paid according to schedule No(1) attached hereto..
Fees for the General
Communication Network
Assembling and Manufacture
46.(1)The agreement shall prescribe the fees to be paid at the time of the issues of the license and for any other subsequent year till the expiration of the license.
(2)The agreement shall include the following :
a)the obligation to pay an additional fees in case the project was not executed at the fixed time,
b)specification of payment of the fees to be paid annually within the period of return,
c)specify annual fees to be paid in case no profit was achieved after the expiry of the return period and the reasons justifying the same.
Fees For the Private
Communication Network
Marketing and Import
47.The fees for the license and renewal of the private communication network, import and marketing of communication apparatus and equipment shall be paid according to schedule No. (4) attached thereto.
Fees of the Release Approval
48.(1) The fees of the release approval shall be paid according to schedule No.(3) attached herewith.
(2)The release approval fees to be paid by the licensee for importing and marketing the communication apparatus and equipments shall be lowered according to the schedule attached thereto.
(3). a)The approved project shall be exempted from the release approval fees for the main central equipment of the project and maintenance, measure, testing and spare parts as specified in the approved feasibility study by the Board and also those included in future plans and programmes to be approved by the Board.
b)The spare parts, cables, connection wires and accessories of the equipments shall be exempted from the release approval fees.
Communication equipment
and materials not compatible
with the specifications
Free competition and
Prohibition of monopoly
49.(1)The licensee shall not enter into agreement or contribute directly or indirectly in or Carry out any activity or use his position to enter into activities that lead to monopolize services of any kind.
(2)The Board shall exclude any of the licensees if it is found that their contribution in the new license lead to monopoly and non-free competition.
Kinds of license
50.(1)The licenses shall be issued according to the following :
a)under the agreement,
b)under license certificate.
(2)The director general may issue a temporary license for a certain service and circumstances except the general communication network which is subject to the approval of the Board,
Refusal of the license
Application
51.(1) No application shall be decided on which has not satisfied the study requirements at any stage within a period not exceeding three months from the date of notifying the licensee with the same.
Renewal of the license
52.(1) The license shall be renewed as follows :
a)applications for the annual renewal of the license shall be submitted to the director general before three months of the expiry date thereof.
b)The licensee under the agreement shall apply to obtain a new license before sixty days from the expiry date of the same.
(2)All applications for renewal shall be submitted to the director general accompanied with the justifying reasons and documents.
(3)The director general may, after study of the application submitted according to sub-section (1), approve the renewal or reject the same.
(4)The director general may cancel the license after the lapse of thirty days where the licensee did not renew the license at the fixed date.
Publication of licenses
53.The director general with the approval of the board may make public any license for any special communication service whether throughout the country or part thereof according to the following means, namely to:
a)publish the desire to license the service according to public tenders subject to the terms and conditions laid down by the board.
b)open the door to submit applications for the new services license for every one who satisfies the conditions laid by the Board.
Consequences of Canceling the license
54.(1) Everyone whose license has been cancelled shall :
a) inform the subscribers through publication according to the conditions of the agreement,
b) not collect any fees or new contributions immediately after publication of canceling the license save with the approval of the director general.
c) not to dispose of the communication equipments or network owned thereby save under the approval of the director general.
d) return any insurance amounts collected from the contributors which they have the right thereon.
(2)Everyone whose license to manufacture and assemble communication and wireless equipments has been cancelled shall :
a)inform the corporation with the stored amounts and not to dispose of save with the approval of the director general.
b)not to dispose of the factory equipment save after reference to the corporation and a decision to that effect has been issued by the director general.
(3)In case a license has been cancelled according to sub-section (1) and (2) no application for obtaining a new license to perform the same work shall be submitted save after the lapse of a period not less than three years from the date of the cancel of the license has passed.
License of communication
networks in the free zones
55.Communication networks shall not be constructed in the Free Zones save after approval of the board.
Construction of Communication Networks
56.The licensee shall obtain the approval of the competent authorities in the country and co-ordinate with other institutions and bodies for extending the ground and overhead networks in the streets, grounds and public areas.
Approval of the Release
of Communication Apparatus
and Equipments
57.(1)The director general shall issue the approval of the release of communication apparatus and equipments according to the following procedures :
a)The application for the release approval shall be submitted to the director general accompanies by a list of shipment or seize declaration provided that it shall be in the name of the body asking for the release approval or for the benefit thereof.
b)The corporation shall examine the apparatus and materials in the customs bond according to form No.(3) attached hereunder to specify the technical specifications, amount and type.
c)The director general shall issue the release approval according to form No.(4) attached hereto.
(2)Not-with- standing the provisions of sub-section (1) every person who import communication equipments or materials without license or in excess of the personal use shall pay the release approval fees in addition to any other financial penalties in accordance with the provisions of these regulations
(3)Not-with-standing the provisions of sub-section (2) the director general wherever he is satisfied that the imported apparatus for the personal use, he shall issue the release approval thereof without payment of the release approval fees or any other penalty.
Numbering
58.(1)The Licensee shall adhere to the numbering specified thereto in the agreement and he shall not amend the same or add any other new number unless after obtaining the written approval of the director general.
(2)The license of a general communication network shall prepare an information guide relating to the network subscribers, and their numbers.
(3)The license shall insure that the subscriber do not object to include his name and the number of his telephone in the guide mentioned in sub-section (2).
Inspection
59.(1)The director general shall designate any one of the corporation employees to undertake the power of inspection and supervision in accordance with the provisions of this Act.
(2)The director general shall issue an identity card to the employee designated under sub-section(1) to be shown to any person or body subject to inspection.
(3)In case of any contravention the inspector shall apply the following procedures namely to:
(a)disclose the contravention, and case of possibility of rectification then it shall be immediately carried, and the inspector shall ascertain such rectification otherwise he shall order the stoppage of the equipments until the amendment take place.
(b)collect any apparatus not licensed or can be licensed to be kept with the corporation, and such collection, receipt, keeping and storage shall be at the responsibility of the contravening body.
(c)issue a receipt containing the collected apparatus its consecutive number and, any other special specification.
(4)The inspector in case of any contravention or any procedure shall immediately inform the director general, provided that a detailed report on the contravention and procedures taken shall be submitted within 48 hours of the time of discovery of the contravention.
Disposal of the collected apparatus
60.The director general may dispose of the collected apparatus according to section 59 after the lapse of three months of the date of collection thereof after obtaining a judicial order for the confiscation of such apparatus.
Destruction of the Apparatus
61-The corporation shall destroy the substituted apparatus in the presence of the licensee.
.Examination of the Apparatus
62(1)The licensee shall notify the corporation with the arrival of the equipment in the customs bond.
(2)The equipments shall be examined and conform the same with the approved technical specifications according to form No. (3)attached hereto in a period not exceeding seven days.
(3)The director general shall issue the decision of release in a period not exceeding seven days in accordance with form No. (4)
(4)In case the apparatus do not conform with the technical specifications:
(a)The licensee and the customs authorities shall be informed therewith,
(b)The wireless apparatus shall not be disposed of save under approval of the director general in writing.
Communication apparatus not
conforming with the standards
63.If the corporation discovers that communication apparatus and equipments are not conforming with the technical specifications, then it
shall inform the importing body that such apparatus and equipments do not conform with the required specifications and inform the customs authorities not to release the same.
Settlement of complaints and appeals
64.(1)The settlement of complaints submitted to the corporation shall be as follows:
(a)to the director general for complaints submitted for the first time.
(b)to the board in case of complaint against the decision of the director general.
(c)to the minister concerned in case of complaints against the decision of the Board, and the decision of the Minister concerned shall be final.
(2)Appeals against decisions made under sub-section (1) shall be submitted within fifteen days from the date of receipt of the decision.
(3)The body to whom the complaint was submitted shall reply within thirty days from the date of submission thereof, and in case no reply with received during such period then the compliant shall be considered as rejected.
Follow-up of complaints and decision thereon
65.(1)The director general shall follow the complaints submitted to the corporation from the subscribes or between the Licensees themselves.
(2)The director general shall decide in all the complaints submitted to the corporation and issue his decision on each complaint separately .
(3)the director general shall decide on complaints between the licensees and issue the appropriate decision through settlement
(4)In case not settlement is reached according to sub-section (3) the director general shall raise the complaint to the Board to take a decision thereon subject to the procedures to be specified thereby.
Arbitration and dispute
settlement procedures
66.(1)The operators, parties to dispute, shall approach the board for settlement of any dispute between them.
(2)The operators, parties to a dispute, shall follow the settlement dispute guide procedures proposed by the corporation.
(3)The board may intervene for settlement of disputes between operators if they fail to reach settlement.
Withdrawal or stoppage
of service from any
subscriber
67.the licensee of a general communication services shall not withdraw the service from any subscriber or stop thereof except in the following cases:
a)causing material damage to the communication network and the corporation ascertained the reality thereof.
b)using the services in contravention of the law or against public moral and a court decision is passed in this respect.
c)failure to settle any financial obligation according to the contract concluded by both parties.
Withdrawal or stoppage of
Inter-connection service
68.(1) The licensee with a general communication network shall not withdraw or stop the interconnection services save under the following cases:
a)a decision passed by the director general to withdraw or cancel the service from the operator,
b)causing material damage to the communication network and the corporation ascertained reality thereof,
c)a court decree was passed to stop the service,
d)breach of contract signed by one party with the other.
(2) Not-with-standing the provisions of sub–section (1) the director general shall be informed, within fifteen days from the date of withdrawal or stoppage of the service together with clarification of reasons and the testifying documents.
Penalties
69-In addition to any severer punishment in the law the board may penalize whoever contravenes the provisions of the law and these regulations with any of the following penalties:
(a)Financial penalty as follows:
i) for the first contravention a financial penalty not less than 200.000 Sudanese dinars and not exceeding 500.000 Dinars
ii)for the second contravention a financial penalty not less than 750.000 Sudanese Dinars and not exceeding 1.000.000 Sudanese Dinars.
iii)for the third contravention a financial penalty not less than 3.000.000 Sudanese Dinars and not exceeding 5.000.000 Sudanese Dinars.
b)a financial penalty not exceeding 10% of the total income taken from the licensee’s legally audited budget for the previous financial yea.
c) suspension of the license for the period to be specified by the board not less than 30 days.
(2)In addition to any severer punishment in the law the minister concerned may inflict any of the following penalties on of the licensee who contravenes the directives and basic principles issued thereby.
a) for the first contravention a financial penalty not less than 3.000.000 Sudanese Dinars and not exceeding 5.000.000 Sudanese Dinars
b) for the second contravention a financial penalty not less than 8.000.000 Sudanese Dinars and not exceeding 10.000.000 Sudanese Dinars.
c)direct the cancellation of the License.
Power to amend the Schedules
70.(1)The Board may amend the schedules attached hereto whenever necessity so requires and in accordance with the presidential Decree No.(142 /2001) dated 17th of April 2001 and the ministerial resolution No.(20/2001)dated 22nd October 2001 and in accordance with section 46 (1) of the communication Act 2001.
I hereby certify that the General Communications Regulation 2002 has been passed on the 26th day of Gumada Al Awla 1423 A.H being the 5th day of August 2002 AD.
El Tayeb Mustafa
State Minister
Approved,
Mahdi Ibrahim Mohammed
Minister of Information
And Communications