Article 3 of Telecommunications Regulatory Authority Law

The Authority shall undertake the regulation, supervision, and oversight of the telecommunications sector, aiming to advance it in the State of Kuwait and protect users’ interests. For that purpose, it may: a- Regulate the services of all telecommunications networks in the State of Kuwait in accordance with the established general policy to ensure the development and dissemination of those services of various types and their provision to users efficiently and at appropriate prices, in a manner achieving optimal performance of the telecommunications sector, as well as coordinate in this regard with telecommunications and information technology authorities within the framework of the Cooperation Council for the Arab States of the Gulf. b- Establish detailed regulations for the technical terms used in the telecommunications and information technology sectors, specify their meanings approved in the State of Kuwait, publish these regulations, and keep them updated annually. c- Establish regulations governing the telecommunications and information technology sectors consistent with the general policy established in this regard, ensuring the provision of the telecommunications and information technology services required by comprehensive development in the State of Kuwait, and keep those regulations updated annually. d- Establish rules concerning service penetration rates that service providers are required to provide, work to ensure their achievement and application to the latest systems and standards, and establish standards for service quality, their monitoring, and the means of ensuring compliance with them by service providers, and the conditions determining the dominant operator in any of these services annually. e- Encourage competition and investment in the telecommunications and information technology sectors and prevent unlawful competition or any party’s abuse of its dominant position in the market. f- Establish regulations setting out the rules and conditions for granting licenses for telecommunications or Internet networks and services, the use of radio frequencies, and the establishment and operation of international telecommunications infrastructure and international access infrastructure, and the conditions relating to universal service and universal access to ensure that services reach all areas of the State of Kuwait, provided that these rules and conditions are characterized by transparency, publicity, and equality in a manner not conflicting with applicable laws and public morals. g- Determine the fees to be collected from licensees for their use of the frequency spectrum, numbers, and Internet domains, as well as determine the other revenues due to the telecommunications and information technology sectors, and establish mechanisms and means for collecting those fees and revenues. h- Manage the radio frequency spectrum, monitor interference and frequency spectrum quality, and take the necessary measures in this regard to limit and prevent it; regulate the use of all terrestrial, maritime, aeronautical, and space frequencies, including preparing and updating the national frequency allocation table; prepare both the national frequency allocation plan and the national frequency assignment register jointly with military and security entities; update the portion relating to civilian uses of both the national frequency allocation plan and the national frequency assignment register and publish them for the public; and assign frequencies in a manner ensuring their optimal use. i- Regulate interconnection between public telecommunications networks owned by the private sector, the Ministry of Communications, or any other government entity except security entities, in a manner requiring all public telecommunications service providers to provide interconnection between their networks and facilitate the connection of subscribers across all networks in accordance with the contracts drawn up in this regard. The Authority shall undertake to facilitate and encourage the service provider to reach interconnection agreements among themselves as quickly as possible in accordance with instructions issued by the Authority for this purpose. It shall also intervene for mediation and arbitration if the parties fail to reach a solution acceptable to all within a reasonable period. The Executive Regulations shall determine the principles of interconnection. j- Establish technical and operational rules and standards for connecting wired telecommunications equipment with public telecommunications networks, including personal telecommunications equipment, and establish procedures regulating the introduction of such equipment into Kuwait in accordance with the principles stipulated in the laws in force. k- Grant type approvals and regulate the introduction and use of personal telecommunications equipment necessary for individual and private uses or for use in specified areas, and monitor that use, taking into account interference between its frequencies and those of operating companies and other entities. l- All information relating to the telecommunications and information technology sectors for preparing and issuing reports, publications, and user guidance, and preparing the media programs necessary to increase public awareness of the importance of these two sectors and the extent of its positive impact on economic and social development in the State of Kuwait. m- Trace the source of any radio waves to verify that the source is licensed without infringing the confidentiality of messages, taking into account the provisions of the laws in force, particularly the aforementioned Law No. 9 / 2001, in implementation of the constitutional right to the guarantee of personal freedom. n- Issue an annual report setting out the Authority’s activities and achievements and any changes in the established general policy relating to telecommunications and information technology services, stating the Authority’s future plans, and publish this report. o- Review and assess the extent of the need to amend the level of regulation for each telecommunications and information technology service, or any type or category thereof, taking into account competition factors, provided that the review and the nature of the assessment are based on a research study. p- Propose draft regulatory laws to keep pace with rapid development in the telecommunications and information technology sectors, submit them to the Council of Ministers through the competent minister, prepare the systems and regulations, and establish the instructions relating thereto. q- Ensure compliance with the provisions of the international, regional, and bilateral agreements in force relating to the telecommunications and information technology sectors that the State adopts. r- Establish the mechanisms necessary to resolve disputes arising between suppliers and between service providers that are referred to it by one or all parties to the dispute, approve regulations concerning the resolution of disputes relating to global information networks, the Internet, and establish the conditions and technical and operational specifications relating to national security with which compliance is required. s- Allocate, regulate, and manage domain-name addressing for access to the global information network, the Internet. t- Represent the State of Kuwait at meetings, conferences, seminars, and other international forums relating to telecommunications and information technology affairs falling within the Authority’s jurisdiction. u- Determine and update the ceiling on prices and charges for telecommunications and information technology services provided to users, monitor them, ensure the preservation of competition and the absence of monopoly, and require the licensee to take the initiative in taking all technical measures necessary to extract any materials, sites, programs, or any other content that violates the laws applicable in the country and everything that affects public order and public morals. v- Any other tasks with which the Council of the Ministry is charged within the framework of keeping pace with technological development in the field of telecommunications. w- Qualify and train the Authority’s employees so as to enable them to perform their duties.