Proceeding from the competence of the Communications, Space and Technology Commission (“CST”) to regulate and supervise the information and communications technology (ICT) sector according to CST ordinance issued pursuant to Council of Ministers Resolution No. (74), dated 05/03/1422 AH (27/05/2001 AD), CST exercises such powers so as to realize ICT regulation objectives, set forth in Article (2) of the Telecommunications and Information Technology Act (the “Act”), approved by virtue of Royal Decree No. (M/106), dated 02/11/1443 AH, including developing ICT sector to raise adequacy of services and develop infrastructure of the sector, in addition to transferring and localizing technology in ICT industry, keeping abreast of its development, encouraging digital transformation, driving ICT adoption, benefiting from such techs in all fields, as well as to promote clarity and transparency of all procedures, and as stipulated in Council of Ministers Resolution No. (229), dated 13/08/1425 AH, highlights in paragraph (2) the importance of connecting international Internet gateways of data service providers currently licensed or those to be licensed in the future to exchange the local data traffic in line with protection of public interest and user interests and maintain confidentiality of communications and information security as provided by Article (3) of the Act. Based on the foregoing, this regulatory document comes to support realizing the broader objectives aimed at creating a world-class Internet ecosystem, to promote KSA role as a regional and global hub for accessing Internet content, where the “Regulations of Accessing Locally Hosted Internet Content” establish common provisions to realize the development of qualitative investment opportunities to empower KSA efforts to create attractive markets that drive growth of the digital economy, elevate reliability of local Internet services, promote localization of Internet content, supporting innovative business models locally, and improving users' experience of Internet services by providing these services with highest quality.

The terms and expressions defined in the Act, its Bylaws and other CST regulations shall have the same meanings when used in this document. Also, the following terms and expressions shall have the following meanings ascribed thereto unless the context requires otherwise:

2-1 “End User”: Natural or legal person who accesses Internet content.

2-2 “Service Provider”: Facilities-Based Unified License Service Provider or Fixed Telecommunications Service Provider.

2-3 “Individual License”: The license that is issued by CST and allows a specific service provider to provide telecommunication services according to the conditions provided in the license.

 2-4 "Facilities-Based Unified License (UL)": The individual license that allows the licensed service provider to provide any telecommunication services using any type of technology and infrastructure capable of providing the required service.

2-5 "Facilities-Based Unified License Service Provider": Any service provider who holds (UL).

2-6 “Fixed Telecommunications Service Provider”: A service provider holding a license to provide fixed telecommunications services.

2-7 “Internet Exchange Point (IXP)”: It is a neutral linking point, which means the physical infrastructure through which Facilities-Based Unified License Service Provider, internet service providers and other entities (such as content delivery networks "CDN", content providers, universities, institutions, and others.) have the ability of networking and exchanging data (excluding private exchange points through direct bilateral arrangements) among their networks (independent systems).

2-8 “National IXP”: A specific, neutral and non-profit Internet exchange point with the aim of developing Internet ecosystem in KSA and preserve local data traffic within it, which is approved by a decision from the CST Governor.

2-9 “Internet Content”: Any service or data in its various forms, whether it is textual, auditory, visual, interactive, or otherwise that can be accessed through the Internet.

2-10 “Locally Hosted Internet Content”: Internet content hosted within KSA geographical borders, including free, special and transit zones.

2-11 “Internet Content Provider”: Any entity that hosts Internet content and provides it to end users over the Internet (e.g. content delivery networks, cloud service providers, game publishers, online video streaming platforms, etc.).

2-12 “Passing Data Traffic”: Transmission of data from one network to another using the Internetprotocol.

2-13 “Internet Gateway (IGW)”: A network layer consisting of devices and systems designed to link and exchange data from one network to another using the Internet Protocol.

2-14 “Data Center”: A dedicated building or space to centralized accommodation, interfaces, information technology operation and network communications equipment that provides data storage, processing, and transportation services, together with all facilities and infrastructure for energy distribution and environmental control, as well as all necessary levels of flexibility and safety required to provide the availability of the required service.

2-15 “Connectivity Services”: Includes Internet connectivity services, and active and passive interconnection services (e.g. Leased Lines, LxVPN, Dark Fiber, Cross Connect, Metro Connect, DIA, IP Transit, etc.).

2-16 “Business Sector Customers”: Government or private entities that enter into an agreement with the licensee, through which connectivity services are provided to such entities.

2-17 “Day”: Calendar day, unless otherwise stated.

This regulatory document applies to Facilities-Based Unified License Service Providers and Fixed Telecommunications Service Providers.

4-1 Accessing Locally Hosted Internet Content

 4-1-1 Service provider must allow all of its end users to access any locally hosted Internet content and to pass the data traffic to it, once it's provided by an Internet content provider to which one or all of the following conditions apply:

                4-1-1-1 Connected to a national IXP or any IXP belonging to an entity that has a permit from CST to provide Internet exchange services.

                4-1-1-2 Connected locally with active links to two or more service providers.

4-1-2 Service provider can access the locally hosted Internet content referred to in paragraph (4-1-1) of this document through the appropriate access mechanism, while ensuring compliance with relevant CST and government regulations.

4-1-3 Service provider must fulfill the obligations mentioned in paragraph (4-1-1) of this document within a period of sixty (60) days from the date of written notification by CST, an Internet content provider, or any other relevant entity regarding the presence of locally hosted Internet content. If a longer period is required, the service provider must notify CST within a period of fourteen (14) days from the date of the written notification, along with an explanation supported by evidences for such an extension.

4-1-4 In case the locally hosted Internet content cannot be accessed for reasons beyond the service provider's control, they must notify CST within a period of fourteen (14) days from the date of the written notification referred to in paragraph (4-1-I") of this document, along with an explanation supported by evidences to be studied and decided upon by CST.

4-1-5 When passing the data traffic according to paragraph (4-1-1) of this document, the service provider has to provide a network connectivity that guarantees high reliability and maintains the highest quality of end-users experience, provided that the response time (latency) to any locally hosted Internet content must not exceed twenty five milliseconds (25ms) from all Internet gateways (IGWs) of the service provider.

4-1-6 Service provider obligated to provide CST, upon request, with a list of locally hosted Internet content providers to whom connectivity services are provided within a period of seven (7) days from the date of the request.

4-2 Provision of Connectivity Services

• 4-2-1 Service provider must publish the connectivity services coverage data to the public on its website for these services offered to business sector customers, provided that such a coverage data is updated on a quarterly basis to ensure the accuracy and validity of the information.

  4-2-2 Service provider has to publish the essential information of the service level agreement (SLA) for providing connectivity services to business sector customers within the coverage area referred to in paragraph (4-2-1) of this document, provided that this information includes, at a minimum, the type of service, its specifications, the required provisioning time, and the associated prices, all in accordance with the relevant regulations of CST.

  4-2-3 Service provider, upon receiving a request to provide connectivity services for the business sector customers at locations outside the coverage are referred to in paragraph (4-2-1) of this document, must submit a responsive proposal that outlines the terms, prices and execution time within a period of thirty (30) days from the date of the request submission.

  4-2-4 Service provider must provide connectivity services at attractive prices that contribute to market growth, are commensurate with actual cost, and fall within the fair and reasonable range, as stipulated in “Regulations of Retail Communications Services Tariff”, and CST has the right to intervene to ensure the protection of market competition.

  4-2-5 In case the service provider is unable to fulfill the request for connectivity services to the business sector customers, the service provider must notify CST within a period of fourteen (14) days from the date of the request submission, accompanied by justifications supported with evidences, to be considered and decided upon by CST.

  4-2-6 Service provider must provide dedicated channels for Internet content providers and data center service providers with clear and expedited procedures to support such providers and publish these required channels via its website.

  4-2-7 Service provider is obligated to provide CST, upon request, copies of contracts and agreements of connectivity services provided to Internet content providers and data center service providers, within a period of seven (7) days from the date of the request.

5-1 This document is subject to periodic review by CST, and is updated as CST deems appropriate in accordance with its regulations.

5-2 CST may decide to grant rights or impose more obligations on service providers within the framework of this document, insofar as to enhance protection of market competition and promote the quality of services provided to end users.

5-3 Service provider must to provide CST, upon its request or under any obligations set forth herein, with the data, information and documents necessary to prove its commitment to the obligations stipulated herein. CST may take any measures or procedures to verify service provider's compliance with the provisions stipulated herein, including field visits, inspection procedures, interviewing the service provider's staff, and reviewing its regulations, procedures, and records.