2.1 In cases where these Regulations require that any action be carried out in writing, it may be done electronically.

2.2 Without prejudice to the stipulations of the Act, any document shall be deemed to have been issued by CITC in the following cases: a. if it is announced to the public on an ongoing basis via the CITC website and any other electronic means; and b. if it is published in the Official Gazette.

2.3 In cases where these Regulations require sending a document to the official CITC email address, and such email is inactive, the document shall then be delivered to CITC in person.

2.4 CITC may, if its Acts require the authorization or prohibition of a certain activity for a certain person, issue a decision identifying persons related to the aforementioned person, or the concerned entities to which such authorization or prohibition applies.

The Board may delegate the Governor to perform any of its functions, with the exception of the following:

• a. issuing, amending, suspending or revoking licensing for providing infrastructural fixed-line telephone service; and

• b. issuing, amending, suspending or revoking licensing for providing infrastructural mobile phone service.

Providing CITC with Data and Information

• 5.1 CITC may ask the service provider or any other person to provide – at their expense– any data or information it deems required for the implementation of any of its Acts, within the period it specifies, using any form or means it deems appropriate. This shall include, but be not limited to, the provision of online systems or terminal devices in locations specified by CITC, to enable its acquisition of such data or information.

• 5.2 The party required to supply data or information to CITC as per Paragraph (5.1) hereof shall do same and shall ascertain the accuracy and validity of such information.

• 5.3 Subject to the confidentiality of the information, CITC may inform the public of any information submitted thereto.

Disconnection of a Telecommunications Facility

• 6.1 If the Governor considers that there is a risk of imminent damage to a communication network or a person, or that a frequency is being used in violation of any CITC Statutes, decisions or issued licenses, he may, following a prior notice to the person causing the damage, require the service provider to disconnect any of his telecommunications facilities from other facilities, in cases where the Governor deems the procedure necessary to prevent the violation of any CITC Statutes, or any license or decision issued under these Regulations.

• 6.2 Subject to the provisions of Paragraph (6.1) hereof, the Governor may request the disconnection of any telecommunications facility at a specific time or within a given period. Should there be any terms related to compensation or otherwise, the Governor may take appropriate and fair measures with regard thereto.

Inspection

• 7.1 The Governor or his designee may appoint, assign or contract with any person to carry out inspections, seize violations and retain seized items; such person shall have the right to enter any premises or location owned or used by the licensee in order to ensure the implementation of CITC Statutes and decisions and detect violations, if any.

• 7.2 An inspector may enter any premises or locations other than those indicated in Paragraph (7.1) hereabove in order to ensure the implementation of CITC Statutes.

• 7.3 CITC may, upon carrying out inspections and seizures, seek the assistance of the competent authorities if so required.

• 7.4 An inspector shall be permitted to perform his duties upon presenting the inspection card or a nomination letter by the competent person at CITC; he may not be prevented or obstructed from carrying out his inspection tasks. In the event that the inspector is prevented or obstructed, he shall document same in a report so that the necessary measures may be taken.

  • 7.5 CITC may perform inspections at the time it deems appropriate and without prior notice.

• 7.6 An inspector may, for the purpose of performing his inspection tasks, take the necessary measures, including the following:

  • a. examine and inspect any devices, equipment, tools, connections, information systems, databases, records or facilities used in communications and information technology;

  • b. acquire originals or copies of any licenses, permits, certificates, registers, documents or other information requested by him;

  • c. seize any documents, records, devices, equipment, tools, connections or any other items, to be used as evidence to prove a violation; said items shall be seized and documented in a special record;

  • d. take photographs, using any available means, of any evidence or clues observed by him; and

  • e. take any other procedure he deems appropriate for the completion of his inspection tasks.

• 7.7 The licensee shall bear the costs associated with the inspection and examination of communications facilities and devices by an inspector or an assigned technical expert; this shall include all devices with the aim of measuring the quality of service and calculating fees for use of the service, or installing CITC measurement devices.

• 7.8 The service provider shall bear the costs of an inspector assigned to review his files, records, data or any other documents, in order to achieve effective supervision and ensure the implementation of CITC Statutes, decisions and directives.

• 7.9 All persons shall fully cooperate with the inspector upon carrying out the duties assigned to him as per the provisions of Paragraphs (7.1) and (7.2) of this Article.

• 7.10 In the event that the inspector detects any violation of CITC Statutes or decisions, he shall seize and document same in a record containing the following:

  • a. place and date of seizure;

  • b. names of the seizing officers;

  • c. names of the persons committing the violation or their representatives, as per their identification documents;

  • d. a description of the violation;

  • e. a list of the equipment, devices, tools and other seized items;

  • f. the facts and statements of employees or officials in the entity charged with the violation, to be signed by them; in the event of refusal or inability to take statements, the same shall be entered in the record; and

  • g. any other information or data deemed necessary by the seizing officer.

• 7.11 The report shall, upon completion, be submitted to the competent department at CITC to take the necessary action.

• 7.12 CITC shall keep the seized items until the Committee for the Consideration of Violations of the Telecommunications Act decides on the violation.

• 7.13 If the violation is established pursuant to a decision issued by the Committee for the Consideration of Violations of the Telecommunications Act, CITC may dispose of the items subject of the violation pursuant to any of the following procedures:

  • a. destroy such items by a committee comprising at least three CITC employees, pursuant to a disposal report;

  • b. grant the same to any government agency or licensed charity as CITC deems appropriate; or

  • c. any other means CITC deems appropriate.

• 7.14 CITC may, in implementing the provisions of the preceding paragraph, seek the assistance of the relevant official agencies.

Investigation

• 8.1 The Governor or his designee shall appoint any person he deems fit to investigate any matter brought to CITC or falling under its jurisdiction, as per its Acts, and to submit thereto a report regarding same.

• 8.2 The investigator shall, for the purposes of the investigation, have the same powers granted to the inspector under Article 7 of these Regulations.

• 8.3 All persons shall fully cooperate with the investigator during the investigation.

• 8.4 CITC may seek the assistance of the competent Act enforcement agency to perform the investigation tasks stipulated under this Article.

• 8.5 CITC may, in any way it deems appropriate, summon any persons believed to be connected to the investigation, and shall take any necessary action if such persons fail to appear.

• 8.6 The investigation shall be conducted in writing, wherein the accused party shall be confronted with the violation and informed that he is being formally investigated. The investigation itself may be conducted directly, via email, or through any means CITC deems appropriate, at the place and time designated thereby.

• 8.7 Subject to the provisions of the preceding Paragraph, the investigation shall be conducted in a report to include the following: a. investigation time and venue; b. investigator’s name and particulars; c. suspect’s name and particulars; and d. confronting the suspect with the violation and the evidence brought against him, and allowing him to respond to the facts and evidence incriminating him.

• 8.8 The investigator may resume a previous investigation, if any.

• 8.9 If the suspect refrains from giving his statements or refuses to sign the same, such refrain or refusal shall be entered into the record.

• 8.10 If the investigation concludes with establishing that the accused party is guilty of the violation, CITC shall file a claim before the Committee for the Consideration of Violations of the Telecommunications Act.

Fees for Licenses and Services 9.1 CITC may, pursuant to its Acts, determine the fees for:

• a. provide commercial telecommunications services;

• b. issue and renew telecommunications service provision licenses;

• c. issue and renew frequency usage licenses;

• d. issue and renew numbering licenses;

• e. issue and renew licenses for use of telecommunications devices and equipment; and f. any other works or services provided by CITC pursuant to its Acts.

9.2 In accordance with Articles 5 and 6 of the Act, CITC shall submit to the Minister a report on the fees to be collected for licensing the infrastructural mobile phone service provision, in order to obtain the approval of the Council of Ministers with regard to Paragraphs (9.1 a), (9.1 b) and (9.1 c) of this Article.

9.3 CITC shall propose the fees for licensing frequency usage as per Paragraph (9.1 c) of this Article and shall submit the same to the Ministry for approval in accordance with Article 3 of the Act.

9.4 CITC shall determine the fees indicated in Paragraph (9.1) of this Article, in accordance with the following rules:

• a. The fees shall observe the principles of transparency and equality, and shall be justifiable, objective and appropriate for the service subject to the license.

• b. The need to encourage competition and creative, and innovative services shall be observed upon determining the fees.

• c. The fees shall reflect the need to ensure the optimal usage of scarce resources such as the frequency spectrum and numbering.

9.5 CITC shall, upon designating the fees pursuant to Paragraph (9.1 f) of this Article, observe the following:

• a. The fees designated by CITC shall be sufficient as to cover the overall costs of its work and services.

• b. The fees covering CITC work and services shall be appropriately distributed among service providers pursuant to the rules prescribed by CITC.