Regulating Telecommunications Fed. Dec 3 of 2003 (telecommunication, technology and space law)

Article (1) 
In this Decree -Law the following words and expressions shall have the meaning set out 
opposite unless the context shall require otherwise:   
Telecommunications Fed. Dec 3 of 2003  2 
 UAE  : United Arab Emirates  
Government  : Government of the United Arab Emirates  
Government Entities  : Federal ministries, local departments and public authorities, 
entities, corporations and agencies which are subject to 
Government control including the Armed Forces, Police and 
State Security Forces but excluding commercial companies 
and establishments even if the Government owns the 
company or establishment or holds an interest therein  
High Committee  : Committee appointed to oversee the telecommunications 
sector in accordance with article (2) of this Decree -Law  
Authority  : The General Authority for Regulating the 
Telecommunications Sector and the Digital Government  
Board  : Board of Directors of the Authority  
Chairman of the Board  : Chairman of the Board of Directors of the Authority  
Members of the Board  : Persons appointed as Members of the Board in accordance 
with this Decree -Law  
General Manager  : General Manager of the Authority  
Implementing Regula-
tions  : Implementing Regulations issued in accordance with this 
Decree -Law  
Regulated Activities  : Operating a public telecommunications network and 
providing telecommunication services to subscribers in 
addition to any other activities the High Committee specifies 
in accordance with this Decree -Law  
Licencees  : ETISALAT and corporate entities to which the High Committee 
grants licences in accordance with this Decree -Law and its 
implementing regulations  
Licence  : Authorisation issued in accordance with this Decree -Law and 
its implementing regulations, permitting the Licencee to carry 
on any of the regulated activities   
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 Interconnection  : Linking of electronic communications networks used by the 
same or a different undertaking in order to allow the users of 
one undertaking to communicate with the users of the same 
or another undertaking, or to access services provided by 
another undertaking  
Interconnection Agree-
ment  : Agreement by which interconnection is established in 
accordance with the guidelines and terms issued by the 
Authority  
Telecommunications 
Network  : System consisting of on e or more communications 
equipments or devices that transmit, broadcast, convert, or 
receive a telecommunications service by electrical, magnetic, 
electromagnetic, electrochemical or electromechanical means 
or other means of communication  
Public Telecommunica-
tions Network  : Telecommunications network through which public 
telecommunications services are provided to subscribers by 
Licencees in accordance with this Decree -Law  
Private Telecommunica-
tions Network  : Telecommunications network operated strictly for the benefit 
of a certain entity or group of entities under a single 
ownership in order to serve their own particular needs  
Telecommunications 
Services  : Delivering, broadcasting, converting or receiving, through the 
Telecommunications Network, the following:  
1. Wire and wireless communications  
2. Voice, music and other audio material 
3. Viewable images  
4. Signals used for transmission with the exception of public 
broadcasts  
5. Signals used to operate and control any machinery or 
equipment  
6. Installing, maintaining, adjusting, repairing, replacing,  
Telecommunications Fed. Dec 3 of 2003  4 
 moving or removing equipment that will be linked to or 
interconnected within a public telecommunications 
network  
7. Constructing, maintaining and operating telegraph, 
telephone and telex networks, local and international 
leased circuits and data transmission services, the Internet 
and wireless transmission services  
8. Any other telecommunications services approved by the High Committee Telecommunications services do not 
include public broadcasts  
Public Telecommunica-
tions Services  : Any telecommunications service generally provided to 
subscribers or to a group of subscribers for a fee  
Wireless Transmission  : Sending and receiving electromagnetic energy that can be 
used to deliver information, messages, voice and visible 
images or to operate or control machinery or equipment  
Telecommunications 
Equipment  : Equipment that is manufactured or designed to send, receive 
and deliver telecommunications services through a dedicated 
telecommunications network  
ETISALAT  : Emirates Telecommunications Corporation regulated by 
Federal Law No. 1 of 1991 regarding the Emirates 
Telecommunications Corporation  
Private Land  : Land owned, granted or leased to an entity other than a 
Government entity  
Public Land  : Any land, other than private land, which is under the control 
or ownership of a Government entity  
 
 
 
  
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 Part Two  
High Committee Overseeing the Telecommunications Sector

Article (2) 
A committee called the "High Committee Overseeing the Telecommunications Sector" shall 
be set up to oversee the telecommunications sector. The Committee shall be comprised of 3 
members, including the Chairman, and shall represent the office of the President of the UAE 
and the office of the Vice -President of the UAE and Ruler of Dubai and the Cabinet. The 
members shall be appointed by federal decree and shall be paid remuneration for serving as 
members on the Committee. The High Committee shall have all the powers necessary to 
carry out its functions under this Decree -Law.

Article (3) 
The High Committee shall in particular:     
1. Issue the implementing regulations of this Decree -Law  
2. Determine the  overall policy of the telecommunications sector in the UAE and oversee 
its enforcement  
3. Issue general directives and instructions on matters relating to the telecommunications 
sector in the interest of national security or international  relations  
4. Issue decisions, rules, regulations and directives for the enforcement of this Decree -Law 
and its implementing regulations including decisions approving the establishment of 
corporate entities that intend to operate in the telecommunications sector, fixing fees for 
the services and facilities that will be provided to Licencees and determining the authority responsible for collecting such fees  
5. Issue, renew, cancel and suspend licences in accordance with this Decree -Law and its 
implementing regulations     
6. Fix fees for the licences it issues    
7. Fix fees for permits, approvals and services which the Authority will secure or provide in accordance with this Decree -Law or its implementing regulations  
8. Other functions entrusted to it under this Decree -Law   
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 9. The High Committee may delegate some of its functions to the Authority

Article (4) 
The High Committee will be allocated appropriate funds in the State Budget in order to meet 
its financial requirements and obligations.

Article (5) 
The High Committee shall decide upon internal regulations for its activities and the conduct of its meetings as well as conditions, provisions, and the remuneration payable to assisting 
staff. The High Committee is not subject to audit requirements enforced by the State Audit 
Institution under the law establishing it.    
  
Part Three  
The General Authority for Regulating the Telecommunications Sector and 
the Digital Government  
Section One  
Establishment of the Authority

Article (6) 
An independent authority called the "The General Authority for Regulating the 
Telecommunications Sector and the Digital Government" shall be established to carry out 
the responsibilities and functions entrusted to it under this Decree -Law and its 
implementing regulations.

Article (7) 
The Authority shall have an independent legal personality with full authority and capacity to perform legal acts in accordance with this Decree -Law, including the capacity to contract, 
acquire and lease movable and immovable assets and sue. The Authority shall enjoy financial and administrative independence with respect to all its affairs.   
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Article (8) 
The Authority shall have its headquarters in Abu Dhabi and a branch office in Dubai. The 
Board of Directors may open other offices inside the UAE.

Article (9) 
The Authority shall conduct its activities in accordance with this Decree -Law and its 
implementing regulations. The Authority shall have the power to issue regulations 
pertaining to financial and administrative matters, contracts and purchases, staff and staff 
disciplinary procedure without having to comply with the applicable laws, decisions, rules 
and regulations of the Government.

Article (10) 
The Authority shall be managed by a Board of Directors consisting of 5 members, including the Chairman and General Manager. The High Committee shall appoint each member for a 
4 year term and his appointment may be renewed for further terms of 4 years by the same 
instrument of appointment.

Article (11) 
The High Committee may decide to remove a Director prior to the end of his term of office for any of the following reasons:  
1. The Director has been convicted of a felony or misdemeanour that constitutes a breach 
of honour or trust  
2. Disciplinary reasons  
3. Inability to perform his duties due to health reasons    
  
Section Two  
Functions, Powers and Responsibilities of the Authority

Article (12) 
The Authority is responsible for overseeing the telecommunications sector and Licencees in 
accordance with this Decree -Law and its implementing regulations and the directives issued  
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 by the High Committee. The Authority shall make appropriate recommendations to the High 
Committee about the general policy of the sector. At the end of each financial year the 
Authority shall submit to the High Committee a report on its activities during the preceding 
year

Article (13)  
When carrying out its functions in accordance with this Decree -Law and its implementing 
regulations, the Authority shall strive to attain the following objectives:  
1)  Provide the widest possible range of nationwide telecommunications services to those 
who desire them    
2)  Ensure that the telecommunications sector provides high quality and efficient services to 
subscribers  
3)  Ensure that Licenees comply with performance quality standards and satisfy the terms of 
their licences  
4)  Foster, promote and develop the telecommunications and information systems industry 
in the UAE  
5-  Work towards developing and modernising telecommunications systems in the UAE 
through establishing a training and qualification system as well as relevant educational institutes and procuring the needed technology and state of the art equipment and facilities 
related to telecommunications

Article (14) 
Subject to Articles (3) and (12) of this Decree -Law the Authority shall be solely responsible 
for issuing regulations, directives, decisions and guidelines in relation to the following:  
1. Charges and fees collected by Licencees in the manner directed by the High Committee  
2. All matters related to use and interconnection within telecommunications networks, telecommunications services provided by Licencees and Licencees' rights to use 
resources and to request right to share essential infrastructure including terms related to 
the costs of interconnection and the right to use and share resources and time slots, rules  
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 governing the negotiation and completion of agreements between those concerned with 
the above matters and rules for the resolution of disputes between the parties to such 
agreements  
3. Terms and standards of services provided to subscribers by Licencees including, quality 
assurance standards for services and terms regarding the provision of services and the 
resolution of subscribers' complaints and disputes, subscriber information access, use of 
information by subscribers and subscriber billing  
4. Specifications of the equipment used by Licencees including technical standards and 
classes of equipment  
5. Importing, manufacturing, using and operating telecommunications equipment and 
approvals concerning such equipment  
6. Devising a numbering plan that establishes a framework for the allocation and 
portability of numbers  
7. Frequency spectrum allocated to the telecommunications sector under this Decree -Law 
including the allocation, reallocation and use of such frequencies  
8. Terms for providing, setting up and operating directory assistance  
9. Guidelines on preventing the "jamming" of telecommunications in the UAE by radio and electrical signals and other means  
10. Qualifying persons to install, connect, modify and service telecommunications 
equipment  
11. Publication of notices related to telecommunications equipment  
12. Other responsibilities that may be entrusted to it by the High Committee  
13. Proposing and preparing strategies, policies and legislation related to the integrated digital development of the Emirates' Government, including digital networks, systems, 
programmes, services and platforms; and monitoring the implementation of these 
following their approval by the Cabinet.  
14. Proposing, preparing and implementing systems and guides related to digital 
government services, including the standards of usage and optimisation for information 
technology and telecommunications projects by federal government bodies.   
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 15. Coordinating programmes and projects of the Emirates' Government in the field of 
technology and digital development, and providing technical advice to the various 
federal government bodies to ensure an advanced digital environment.  
16. Preparing, implementing and managing programmes and projects of digital 
transformation for services of the Emirates' Government in coordination with certain 
bodies, and in accordance with the best scientific practices of designing, developing and 
providing the services.  
17. Establishing and managing the dig ital governmental enablers including the systems, 
networks and digital governmental infrastructure of the Federal Government –  in 
accordance with the best advanced technical solutions, programmes and specifications 
– so as to enhance the efficiency and effectiveness of the Federal Government's digital 
systems and programmes, and to support integration and interconnection between the 
different systems.  
18. Establishing technical standards and specifications for the digital government and filing 
reports to the Cabinet on the extent to which the federal government bodies comply 
with these standards and requirements, so as to enhance efficiency and integration.  
19. Coordinating with certain bodies in the State to ensure that the digital governmental 
systems and enablers, the networks, and the digital governmental infrastructure of the 
Federal Government comply with the standards and requirements, so as to enhance their readiness to address and meet risks and threats.  
20. Developing and implementing governmental programmes to improve the quality and efficiency of digital governmental services, and the provision of an exceptional and 
seamless customer experience.  
21. Developing and implementing an integrated system to monitor and evaluate the performance of the digital services of the Emirates' Government in order to improve the 
quality and efficiency of the services, and the provision of an exceptional and seamless 
customer experience.  
  
  
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 Section Three  
Financial Affairs

Article (15) 
The financial year of the Authority shall be from 1st January to 31st December in each year. 
The first financial year of the Authority shall begin on the date on which this Decree -Law 
takes effect and end on the 31st of December of the next following year

Article (16) 
The Authority shall have an independent budget. The High Committee shall issue the budget for the first financial year and the General Manager shall prepare the budget for each 
subsequent year for it to be approved by the Board of Directors then issued by the High 
Committee

Article (17) 
The financial resources of the Authority consist of the following:  
1. Allocations made to the Authority in the State Budget  
2. Fees the High Committee charges for licences in accordance with this Decree -Law, its 
implementing regulations and regulations issued pursuant thereto    
3. Fees the High Committee charges for services which the Authority provides and  permits 
and approvals it grants in accordance with this Decree -Law, its implementing regulations 
and the decisions of the High Committee  
4. Other revenue derived from the activities of the Authority  
5. Other financial resources approved by the High Committee

Article (18) 
The Authority shall collect the fees the High Committee charges for the licences the High 
Committee issues and the permits, approvals and services the Authority grants and provides 
in addition to fees payable for frequency spectrum  
   
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Article (19) 
The Authority may, with the approval of the High Committee, borrow funds from the 
Government, banks and financial institutions in the UAE and elsewhere. The Authority has 
the right to issue debentures and loan agreements according to the terms specified by the 
Board of Directors pursuant to the decision of the High Committee

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 Federal Law No. (7) of 1976, as amended. The State Audit Institution shall have no 
involvement or concern with the day to day activities of the Authority, the resolutions of its 
Board of Directors and the policies which the High Committee decides and the Authority 
enforces

Article (23) 
1. The Board of Directors shall appoint an independent auditor, registered with the 
relevant authorities in the UAE, to audit the Authority's accounts and prepare an audit 
report        
2. Once approved by the Board of Directors, the Authority shall submit a copy of its audited 
accounts to the High Committee together with the auditor's report      
  
 
  
Telecommunications Fed. Dec 3 of 2003  13 
 Part Four  
Reorganisation of the Telecommunications Sector  
Section One ETISALAT

Article (24) 
ETISALAT no longer has the only monopoly on delivering wire and wireless communications 
and operating, maintaining and developing the public telecommunications system in the 
UAE and providing such communication services between the UAE and other countries, 
which it had originally been granted by article (4) of Federal Law No. (1) of 1991 regarding the Emirates Telecommunications Corporation. The High Committee shall be responsible for 
levying and revising the fees which are payable to the Government for services and facilities 
provided by ETISALAT in accordance with the applicable laws, regulations and decisions in 
force at the date of issue of this Decree -Law

Article (25) 
Subject to any applicable transitional provisions in this Decree -Law, ETISALAT may not carry 
out functions formerly exercised under Federal Law No. (1) of 1991 regarding the Emirates Telecommunications Corporation which conflict with the powers, functions and 
responsibilities of the High Committee or the Authority referred to in this Decree -Law and 
its implementing regulations

Article (26) 
The Ministry of Finance & Industry shall, at the date on which this Decree -Law comes into 
force, assume the responsibility of representing the Government as shareholder in 
ETISALAT. The Ministry of Finance & Industry shall have all the powers necessary to carry 
out its responsibilities. The Minister of State for Finance & Industry shall, at the date on which this Decree -Law comes into force, assume the position of Chair of the Board of 
Directors of ETISALAT and the High Committee shall appoint 5 Government representatives 
to serve on ETISALAT's Board of Directors  
   
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Article (27) 
ETISALAT shall, within 90 days from the date on which this Decree -Law comes into force, 
amend its Articles of Association and the regulations incorporated within as necessary to be 
consistent with this Decree -Law and any regulations or decisions issued by the High 
Committee  
  
Section Two  
Licenced Corporate Entities

Article (28) 
The High Committee shall decide upon the classes of regulated activities for which licences 
may be issued and the criteria that must be met by applicants  
A licence may only be issued to a corporate entity that has been set up under a decision 
issued by the High Committee. The corporate entity may, after obtaining the approval of the High Committee, set up subsidiaries to engage in specific regulated activities

Article (29) 
Save for the provision granting UAE nationality to companies incorporated in the UAE, the provisions of Federal Law No. (8) of 1984 regarding commercial companies, as amended or 
replaced, shall not apply to corporate entities which are licenced in accordance with this 
Decree- Law to the extent of matters specifically provided for in their memoranda and 
articles of association approved by the High Committee. The relevant authorities shall handle the process of registering those entities

Article (30) 
Licencees shall accommodate special needs and requirements by contributing to the provision of such telecommunications services and equipment and ensure 
non -discrimination when providing the same      
  
  
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Article (31) 
Regulated activities may only be carried out after obtaining a licence or exemption in 
accordance with this Decree -Law or its implementing regulations

Article (32) 
The High Committee shall determine the form and content of licences issued in accordance with this Decree -Law. Licences are required to contain information on the duration of their 
validity and any mandatory terms designated by the High Committee

Article (33) 
The licence application should be filled out using the standard form and submitted to the 
Authority as soon as complete and all the information required by the High Committee is 
attached. The Authority will review the application and forward the results of its review and recommendations to the High Committee within 30 days of submission

Article (34) 
The High Committee will then decide whether or not to grant a licence to the applicant. The 
Committee's decision will be final and binding on the applicant. The decision may not be 
contested by appeal or any other process

Article (35) 
The licence granted under this Decree -Law shall not exempt the Licencee from 
obtaining  such licences and permits as may be required by any other Government entity to 
enable the Licencee to commence activity  
  
 
 
  
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 Section Three  
Exemptions

Article (36) 
The High Committee may, at its discretion:  
1. Exempt a Licencee from the requirement to comply with the conditions of his licence for 
a specific period of time according to the terms stated in the exemption decision      
2. Grant some or all Licencees or Licencees of a particular category the benefit of a general exemption from the requirement to comply with the conditions of their licences for a specific period of time under such terms as stated in the exemption decision  
3. The High Committee may revoke, amend or extend any special or general exemption granted under this Article

Article (37) 
1. Individuals and corporate entities, including Government entities, shall not be allowed to provide telecommunications services through public telecommunications networks to 
customers and subscribers without having first obtained a licence from the High 
Committee in accordance with this Decree -Law. The guidelines on constructing and 
operating private telecommunications networks shall be explained in the implementing regulations and the decisions of the High Committee        
2. Persons covered by the preceding paragraph must comply with the conditions and 
requirements related to the use of frequencies allocated to them under this Decree -Law    
  
Part Five  
Networks, Equipment & Numbering  
Section One  
Network Interconnection & Resource Sharing

Article (38) 
The Authority shall do all things necessary to facilitate the interconnection of  
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 telecommunications networks and ensure that the parties concerned comply with the 
interconnection agreements. The Authority shall have all the powers necessary to carry out 
this task

Article (39) 
1. Any dispute arising between parties to an interconnection agreement shall be referred to the Authority by one party for its final determination  
2. The Authority shall resolve disputes referred to it under this Article in the manner 
described in the implementing regulations

Article (40) 
1. A Licencee may request the Authority to determine any dispute that arises between him 
and another Licencee regarding shared resources and infrastructure. The Authority shall 
then determine the dispute    
2. The Authority may conduct an appropriate investigation and request any information it deems to be essential for determining a dispute referred to it under this Article  
3. The Authority's decision with regard to the dispute may prescribe steps for the parties to 
follow or specify the conditions which the Licencee may include in resource share 
proposals or require either party or both to conclude a resource sharing agreement 
according to the terms specified in the decision     
4. The Authority's decision shall be final and binding on all the parties

Article (41) 
ETISALAT and its affiliated entities shall, at the request of the Authority, provide connections to Licencees who seek interconnection and shared access to telecommunication resources 
and infrastructure at the most convenient interconnect point specified by the Authority, in a 
fast, efficient and economical manner. The Authority shall in particular:  
1. Comply with regulations, directives and licencing conditions concerning interconnection 
and resource and infrastructure sharing issued pursuant to this Decree -Law or its  
Telecommunications Fed. Dec 3 of 2003  18 
 implementing regulations  
2. Offer and provide interconnection and shared access to telecommunications resources 
and infrastructure at today's most favourable terms and conditions including those 
related to cost and quality unless otherwise provided in regulations issued pursuant to this Decree- Law and its implementing regulations    
3. Provide the facilities, resources and information required for interconnecting and sharing infrastructure to Licencees and their affiliated companies under conditions and quality standards equivalent to those ETISALAT provides to itself or to its affiliated 
entities or companies      
  
Section Two  
Equipment Permits

Article (42) 
The Authority will be solely responsible for issuing permits and licences for telecommunications equipment that is part of the telecommunications network or is used 
within the network or used to provide telecommunications services, as further described in 
the implementing regulations of this Decree -Law and the directives issued to the Authority 
by the High Committee  
Telecommunications equipment may not be used, sold, offered for sale or linked to any 
telecommunications network except with the permission of the Authority

Article (43) 
Government entities in the UAE shall be exempt from the requirement to obtain a permit from the Authority in order to use telecommunications equipment  
  
Section Three  
Numbering Administration

Article (44) 
The Authority shall distribute line switches, telephone numbers and supported functions to  
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 Licencees in accordance with this Decree -Law and its implementing regulations and the 
conditions laid down by the Authority in a decision taken after obtaining the approval of the 
High Committee  
  
Part Six  
Regulation & Distribution of Frequencies

Article (45) 
The Ministry of Communications shall allocate sufficient and adequate frequency spectrum 
to meet the demand by existing and new telecommunication service providers

Article (46) 
The High Committee shall appoint a committee to be known as the "Coordination Committee." The Committee will be chaired by the General Manager and its membership 
will be made up of representatives from:  
1. Ministry of Communications  
2. Ministry of Information & Culture  
3. Ministry of Interior  
4. Armed Forces  
5. State Security Forces  
6. Civil Aviation Authority  
7. The Authority  
The Coordination Committee is solely responsible for developing a national frequency plan 
for telecommunication services and submitting the plan to the High Committee for 
approval. The Committee shall achieve this objective through measures aimed at making 
effective, efficient and prudent use of the frequency spectrum without causing harmful 
"jamming" or interference. The Ministry of Communications or the Authority may, from time 
to time, ask the Coordination Committee to revise and modify the plan as necessary        
  
  
Telecommunications Fed. Dec 3 of 2003  20

Article (47) 
The national frequency plan must be consistent with international regulations related to 
utilisation of frequency spectrum and international and regional conventions to which the 
UAE is party. The key aims of the national frequency plan shall be as follows:  
1. Providing an orderly method for allocating frequency bands to provide 
telecommunications services through telecommunications networks, based on a 
recommendation from the High Committee     
2. Adjusting in the distribution of spectrum among existing users in order to allow for the 
development of new services  
3. Reallocating frequency spectrum upon the expiry of frequency spectrum permits and 
licences

Article (48) 
The Authority shall allocate the frequency spectrum used to deliver telecommunications 
services in accordance with the national frequency plan and in the manner set out in the 
procedure and guideline regulations issued by the Authority

Article (49) 
The Authority shall, within a period of 9 months after this Decree -Law has come into force 
and after notifying the Ministry of Communications and the Coordination Committee, prepare and publish a plan for the reallocation of the frequency spectrum used to provide 
telecommunications services among existing Licencees

Article (50) 
No person may establish or use a wireless transmission station or install or use a wireless transmission device without first obtaining a frequency spectrum licence from the Authority 
in accordance with this Decree -Law, its implementing regulations or the regulations and 
directives of the Authority     
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Article (51) 
A person who is applying for, or seeking to renew a frequency spectrum licence, shall pay 
the fee specified in this Decree -Law, its implementing regulations, or the decisions, 
regulations or directives issued pursuant thereto  
  
Part Seven  
Operation and Protection of Telecommunications Networks and Lines  
Section One  
Network Operation

Article (52) 
Government entities shall grant persons licenced to operate public telecommunication networks within their respective jurisdictions, the right to freely occupy and use public land 
including the right of way and entry on public land, to enable them to carry out the activities 
specified in their licences. These rights consist of the right to:  
1. Erect buildings and other installations  
2. Install equipment  
3. Assemble, lay out, upgrade and maintain public telecommunications networks and place 
and lay out telecommunications cabling above or beneath the ground surface

Article (53) 
article (52) of this Decree -Law does not apply to public lands occupied by Government 
entities and designated by the High Committee

Article (54) 
A person licenced to operate a public telecommunications network may, after obtaining 
permission from the High Committee based on the coordinated advice of the relevant 
Government Entities, remove or relocate trees and other plants in the following 
circumstances:   
Telecommunications Fed. Dec 3 of 2003  22 
 1. Where it is difficult or impossible for the Licencee to install or service overhead cabling  
2. Where the path of transmission or reception of signals by the Licencee's equipment will 
be materially obstructed    
3. Where the Licencee will be hindered or prevented from assembling, upgrading or 
operating a public telecommunications network     
Trees and plants may be removed and relocated to the extent, and only to the extent, necessary to enter public land for the purpose of carrying out essential work

Article (55) 
Persons licenced to operate public telecommunications networks shall be exempted from paying fees and taxes on public lands and roads used for any of the purposes described in 
article (52) of this Decree -Law

Article (56) 
The High Committee may issue regulations allowing Licencees to enter upon private land 
and any buildings and structures erected thereupon for any of the purposes described in 
article (52) of this Decree -Law. Relevant guidelines and conditions will be explained in the 
implementing regulations  
  
Section Two  
Protection of Telecommunications Lines and Networks

Article (57) 
Persons carrying out work in close proximity to utility lines, wires, cables, equipment and 
installations belonging to a Licencee shall take all measures and precautions necessary to 
avoid damaging such lines, wires, cables, equipment and installations

Article (58) 
In case of work that will obstruct or in any way interfere with utility lines, wires, cables, 
equipment or installations belonging to the Licencee, the person or undertaking performing 
the work shall promptly notify the Licencee and the Authority and wait until a representative  
Telecommunications Fed. Dec 3 of 2003  23 
 of the Licencee has arrived to assess how the work should be performed with full regard to 
safety and to avoiding interference with such lines, wires, cables, equipment and 
installations

Article (59) 
In addition to the penalties provided in this Decree -Law and in any other law, a person who 
causes damage to any utility lines, wires, cables, equipment or installations belonging to the 
Licencee shall be liable to pay compensation at the amount specified in regulations issued by the Authority  
  
Part Eight  
Transitional Provisions

Article (60) 
The High Committee shall grant a company owned by ETISALAT a temporary licence 
authorising the company to continue to carry out the regulated activities it carried out on the 
date on which this Decree -Law came into force until such time as it obtains a licence in 
accordance with this Decree -Law and its implementing regulations

Article (61) 
ETISALAT shall continue to use the frequency spectrum assigned to it by the Ministry of 
Communications in accordance with the applicable objectives, rules and conditions 
prescribed in this regard until such time as the Authority reallocates the frequency spectrum 
in accordance with this Decree -Law and issues a frequency licence to ETISALAT

Article (62) 
ETISALAT shall, within 90 days from the date on which this Decree -Law comes into force, 
provide the Authority with the following:  
1. Copies of all licences and permits related to specific classes of equipment as defined 
therein and current permits related to ETISALAT equipment and other relevant  
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 documents issued by ETISALAT under Federal Law No. (1) of 1991 regarding the 
Emirates Telecommunications Corporation    
2. Copies of all decisions and regulations containing the technical specifications of the telecommunications equipment provided by ETISALAT under the law mentioned in the preceding paragraph  
3. Other information within ETISALAT's possession or control which the Authority might need in order to evaluate the current position of the telecommunications sector in the UAE

Article (63) 
The Ministry of Communications shall, within 90 days from the date on which this Decree- Law comes into force, provide the Authority with any information and documents it 
requests for the purpose of evaluating the current position of the telecommunications sector in the UAE

Article (64) 
ETISALAT shall, within 60 days from the date on which this Decree -Law comes into force, 
deliver to the Authority all books, records, logs, databases, documents and other information related to its activities which is within ETISALAT's custody or control and is required by this 
Decree- Law to be delivered to the Authority or the High Committee, or is considered by the 
Authority to be essential to be able to carry out its responsibilities under this Decree -Law 
and its implementing regulations. ETISALAT may keep copies of any of the documents previously mentioned for the purpose of carrying out certain functions under this 
Decree- Law with the approval of the Authority

Article (65) 
1)  The High Committee shall, on a date of its choosing, issue appropriate directives for the 
transfer of assets and rights from ETISALAT to the Authority in such manner as the High 
Committee shall deem necessary to enable the Authority to carry out the responsibilities it  
Telecommunications Fed. Dec 3 of 2003  25 
 has inherited from ETISALAT under this Decree -Law. This provision applies to ETISALAT and 
third parties     
2)  The directives may provide for the imposition of penalties in the event of breach of its 
provisions and for compensation to be paid to ETISALAT, as appropriate. The High 
Committee's decision shall binding and final

Article (66) 
The High Committee is solely responsible for resolving any dispute that may arise concerning the application or interpretation of the directives it issues under article (65) of 
this Decree- Law

Article (67) 
If so requested Government Entities shall take all necessary measures to facilitate the 
registration and transference of title to the assets and rights that are transferred from 
ETISALAT to the Authority in accordance with the directives issued by the High Committee 
under article (65) of this Decree -Law

Article (68) 
The High Committee may delegate ETISALAT to carry out some of the Authority's responsibilities under this Decree -Law for a period not exceeding 1 year from the date on 
which this Decree -Law comes into force. ETISALAT shall ensure when carrying out those 
responsibilities that it maintains proper records and regularly updates the Authority about 
its activities. ETISALAT shall, in particular, furnish the Authority with copies of all documents 
pertaining to those activities on request

Article (69) 
Current ETISALAT decisions and regulations which list and determine the technical specifications of telecommunications equipment licenced for use in the UAE shall remain in 
full force when this Decree -Law takes effect until they expire or the Authority decides to  
Telecommunications Fed. Dec 3 of 2003  26 
 cancel them or take other appropriate steps with regard thereto

Article (70) 
1. Licences and permits issued by ETISALAT under Articles 4(f), 10 -1 and 10 -2 of Federal 
Law No. (1) of 1991 regarding the Emirates Telecommunications Corporation or issued 
by the Ministry of Communications under Federal Law No. (7) of 1973 regarding wire 
and wireless equipment and communications, as amended, shall remain in force (except 
to the extent that their terms conflict with the provisions of this Decree -Law) until they 
expire or the Authority replaces them with new permits in accordance with this 
Decree- Law  
2. The Authority shall determine the extent to which those licences and permits are 
consistent with this Decree -Law  
  
Part Nine  
Penalties

Article (71) 
The penalty shall be a jail term of not more than 2 years and a fine of not less than AED 
50,000 and not more than AED 200,000 or either for a person who:  
1. Carries out any regulated activities without a licence or  an exemption from the need for 
a licence as required by this Decree -Law  
2. Purposely alters, destroys or conceals any document or information required by the High 
Committee or the Authority under this Decree -Law  
3. Fails to amend his position in accordance with this Decree -Law

Article (72) 
The penalty shall be a jail term of not more than 1 year and a fine of not less than AED 50,000 and not more than AED 200,000 or either for a person who:  
1. Provides or conspires to provide telecommunications services that violate public policy or morals     
Telecommunications Fed. Dec 3 of 2003  27 
 2. Uses telecommunications equipment or services to cause disturbance or annoyance to 
others or for any other illegal purpose    
3. Illegally copies, discloses, or distributes the content of a telephone call or message relayed through a public telecommunications network     
4. Knowingly and without authorisation gains access to a telecommunications network or 
disrupts a telecommunications service     
5. Exploits or uses telecommunications services without authorisation  
6. Eavesdrops on telephone conversations without prior authorisation from the relevant 
judicial authorities       
7. Breaches article (50) of this Decree -Law

Article (73) 
The penalty shall be a jail term of not more than 1 year and a fine of not more than AED 
200,000 or either for a person who:  
1. Knowingly makes, uses, sells, or offers to sell telecommunications equipment for connection to a telecommunications network that is not licenced or approved in 
accordance with this Decree -Law  
2. Purposely breaches article (57) of this Decree -Law and his actions result in damage to 
lines, wires, cables, equipment or installations that belong to a Licencee or are under the 
management or control of a Licencee

Article (74) 
The penalty shall be fine of not less than AED 50,000 and not more than AED 200,000 for a 
person who:  
1. Makes, distributes, offers, or provides telecommunications equipment for use in the UAE 
that is inconsistent with the regulations, directives, instructions and decisions issued by the Authority under this Decree -Law or its implementing regulations       
2. Refuses to allow telecommunications equipment under his control to be inspected or 
examined in accordance with this Decree -Law, its implementing regulations or the  
Telecommunications Fed. Dec 3 of 2003  28 
 regulations, decisions and instructions issued pursuant thereto, or refuses to grant 
concerned officials entry to his premises in accordance with this Decree -Law or its 
implementing regulations    
3. Knowingly employs or hires an individual who is not qualified to install, connect, modify or service telecommunications equipment in accordance with the rules laid down by the 
Authority  
4. Provides a description or publishes a notice regarding telecommunications equipment 
with the intention of advertising the availability of the equipment in commerce or work 
without regard to the directives imposed by the Authority  
5. Breaches this Decree -Law, its implementing regulations or the regulations, decisions, 
directives or rules issued pursuant thereto

Article (75) 
After obtaining prior approval from the Authority, a Licencee may place under surveillance 
any equipment or other thing which he reasonably suspects of being used in a manner 
contrary to article (72) of this Decree -Law

Article (76) 
A confiscation order will be issued for any wire or wireless equipment or other devices or 
hardware used in a manner contrary to this Decree -Law, its implementing regulations or the 
regulations, decisions, instructions and rules issued pursuant thereto. The Court may further order that the equipment, hardware and devices be destroyed if necessary

Article (77) 
Crimes committed by corporate entities will be subject to the corresponding penalty 
provision applicable to the crime under this part of the Decree -Law

Article (78) 
The application of the penalties described in this Decree -Law shall be subject to any severer  
Telecommunications Fed. Dec 3 of 2003  29 
 penalty provided by any other law

Article (79) 
In case of repeated offence, the above punishment terms shall be doubled

Article (80) 
Subject to any applicable transitional provisions in this Decree -Law, Federal Law No. (1) of 
1991 regarding the Emirates Telecommunications Corporation shall be amended as follows:  
1. Articles (10), (11), (12), (13), (14), (15), (16), (17), (18), (19), (40), (42), (43), (44), (45), 
(46) and (48) shall be repealed  
2. article (1) shall be amended by deleting the following words and expressions and their 
definitions:  
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 following:  
"Subject to the regulations, directives, decision and rules issued by the General Authority for the Regulation of the Telecommunications Sector."    
4. The second paragraph of article (41) of Federal Law No. (1) of 1991 shall be amended to 
read as follows:  
"The Articles of Association shall be adopted pursuant to a resolution of the Board of 
Directors. The Articles of Association shall be amended or replaced by decision of the High 
Committee Overseeing the Telecommunications Sector."           
5. Articles (4), (21), (25), (31), (33) and (47) of Federal Law No. (1) of 1991 shall be replaced by the following text:  
  
  
Telecommunications Fed. Dec 3 of 2003  30 
 article (4) 
1. ETISALAT shall deliver wire and wireless communications and operate, maintain and 
develop the telecommunications system in the UAE and provide such communication 
services between the UAE and other countries. In order to attain its objectives, ETISALAT 
shall undertake, among others, the following functions:  
a. Constructing, maintaining and operating telegraph, telephone and telex networks, 
and local and international leased circuits and data transmission services                 
b. Constructing, maintaining and operating video transmission networks, excluding 
public broadcasts     
c. Managing, delivering, leasing and dealing in telephone services    
d. Planning, constructing, and acquiring transmission and reception stations for use in connection with ETISALAT's activities     
e. Providing consultation and training in the area of wire and wireless communications  
f. Preparing, printing and distributing telephone directories, business directories (The 
Yellow Pages), publications, information, data and other material pertaining to the 
telecommunications services and support activities provided by ETISALAT for 
purposes related to media, commerce, advertising or otherwise  
2. Without prejudice to the attainment of its principal objectives, ETISALAT will be entitled 
to seek out, on the advice of the Board, investment opportunities in the commercial, 
financial or service sectors that will give ETISALAT good yield and profit, in accordance 
with the applicable laws in force in the UAE . 
3. For the purpose of attaining the objectives mentioned in this Article ETISALAT shall:  
a. Conclude contracts and agreements  
b. Establish companies, enter into partnerships or acquire interest in companies and 
partnerships in accordance with the applicable laws in force in the UAE  
  
article (21) 
Based on the regulations issued by The General Authority for Regulating the Telecommunications Sector and the Digital Government, the Board shall determine the fees  
Telecommunications Fed. Dec 3 of 2003  31 
 payable for the services provided by ETISALAT, the guidelines and conditions for the 
provision of those services and the form of contracts made between ETISALAT and users  
  
article (25) 
ETISALAT shall be managed by a Board of Directors comprising the Minister of State for Finance & Industry as Chairman and 9 members. The High Committee Overseeing the 
Telecommunications Sector shall appoint 5 members to serve as Government 
representatives on the Board and the shareholders shall appoint the remaining members. Members are appointed for 3 years and may be appointed or nominated more than once in 
accordance with the Articles of Association  
  
article (31) 
Each shareholder in ETISALAT is entitled to attend meetings of the General Assembly to discuss matters listed on the agenda and direct questions to the members of the Board 
which must provide good detailed answers that do not oppose ETISALAT's interests. A 
shareholder may ask the General Assembly to review an answer he is not satisfied with and the General Assembly's decision will be final and enforceable. The Minster of State for 
Finance & Industry shall represent the Government at the General Assembly    
  
article (33) 
ETISALAT shall comply with the general policy set by the High Committee Overseeing the 
Telecommunications Sector and with any specific or general directives the Committee may 
issue in this regard  
  
article (47) 
The Board shall issue the administrative and financial set of rules by which ETISALAT will be 
run and shall fix the terms of employment of ETISALAT staff in a manner consistent with the 
decisions issued by the High Committee Overseeing the Telecommunications Sector  
   
Telecommunications Fed. Dec 3 of 2003  32

Article (81) 
All corporate entities carrying on regulated activities at the date on which this Decree -Law 
comes into force will have 90 days to amend their positions in accordance therewith. The 
High Committee may decide to extend this deadline for further periods of similar duration

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 directives as necessary to implement this Decree -Law

Article (84) 
This Decree- Law shall be published in the Official Gazette and shall take effect from the date 
of publication