1. The expressions and terms contained in the provisions of these regulations carry the meanings defined in the Telecommunications Law and its Executive Regulations. Unless the context requires otherwise, the following expressions and terms carry the specified meanings for each:
1.1. The Authority: Communications and Information Technology Commission.
2.1. Licensee: Any entity licensed to provide public telecommunications services or operate a telecommunications network used to provide such services.
3.1. Controlling Licensee: The licensee providing public telecommunications services, which is subject to a decision from the Authority designating it as a controller in a relevant retail market.
4.1. User: The natural or legal person to whom telecommunications services are provided or who requests the provision of these services from the licensee for personal use.
5.1. Retail Market: The market for providing telecommunications services to users who are not telecommunications service providers, which is defined by the Authority as a relevant market; according to the latest report on market identification and classification and control in the telecommunications sector.
6.1. Tariff: The charge imposed by the licensee for providing its retail services to users in accordance with the features, conditions, and related provisions, and the term "tariff" includes both permanent offers and temporary offers and targeted offers.
7.1. Permanent Offer: A tariff offer that does not include a condition for its cessation on a specified date.
8.1. Temporary Offer: A tariff offer that includes a condition for the duration of the offer and subscription to it on a specified date.
9.1. Targeted Offer: A tariff offer directed at a specific category of users of the licensee aimed at enhancing their experience.
10.1. Loyalty Program: The preferential benefits provided by the licensee to its users.
11.1. Offer Duration: The time period during which the tariff offer is available for subscription.
12.1. Subscription Duration: The time period during which the subscription remains valid for a user under a specific tariff with the same terms and conditions.
13.1. Cooling-off Period: The time period during which the user cannot subscribe to a temporary offer within the calendar year.
14.1. Integrated Telecommunications Service: Services or products that can be marketed separately from each other.
15.1. Usage Restrictions: Restrictions imposed by the licensee through limiting the consumption of any of the services by any means that may lead to a change in the nature of the service or services provided to users, including restrictions on quantity, time, and speed.
16.1. Service Establishment Fee: The financial charge collected by the service provider for establishing voice calls or data transmission sessions.
17.1. Business Sector: Government or private entities that enter into an agreement with the licensee; under which telecommunications services are provided to those entities.
18.1. Minimum Commitment Duration: The minimum time period that the licensee requires the user to commit to under a specific tariff.
19.1. Marketing Practices: The advertisement conducted by the licensee to market its services.
20.1. Tariff Application Submission: A request submitted by the licensee to the Authority that includes a tariff offer for approval or notice.
21.1. Tariff Approval: The Authority's approval of a tariff offer before it is launched by the licensee.
22.1. Tariff Notice: Notification to the Authority by the licensee regarding a tariff offer before its launch.
2. The provisions of these regulations shall apply to all licensed entities that provide public telecommunications services to users.
3. The obligation to comply with the provisions of these regulations does not affect any other obligations stipulated in the laws and decisions in force in the Kingdom.
4. The licensee must submit requests for identification in accordance with the provisions of these regulations through the Authority's electronic system designated for identification requests and according to the specified format therein; the Authority has the right, based on market requirements and needs, to amend it or specify other channels for submitting those requests.
5. The licensee must provide the Authority with the information it requests; on a periodic basis or as determined by the Authority, and in the format it requests, including — for example — detailed information about all offers and loyalty programs available and activated in the electronic systems of the licensed entity and the revenues collected from the identification during the previous period.
6. The Governor of the Authority may, at any time, issue decisions and guidelines related to identification and make any amendments to the provisions of these regulations, and he may decide to apply a mechanism to regulate the identification of retail telecommunications services, which are subject to notification of identification or its approval; this is for the purpose of protecting users or enhancing competition in the market.
7. The licensee may not apply a new tariff, amend an existing tariff, suspend it, or cancel it except after obtaining an appropriation from the Authority, based on a claim submitted by the licensee.
8. The Authority must receive the complete claim for the appropriation of the tariff; according to the format specified by the Authority at least (10) ten working days before the proposed commercial launch date.
9. Upon receiving the claim for the appropriation of the tariff, the Authority shall evaluate the claim and notify the licensee of its decision within (10) ten working days; the claim shall be considered approved by the Authority if the licensee does not receive any response from it during that period.
10. The Authority has the right to extend the evaluation period stipulated in Article (9) of these regulations, after notifying the licensee, for reasons related to the nature of the information provided by the licensee in terms of the amount of information and its technical nature.
11. The Authority shall respond to the claim for appropriation by any of the following:
1.11. Notifying the licensee of the rejection of their claim with justification.
2.11. Requesting additional information from the licensee.
3.11. Approving the claim.
12. The Authority may reject the claim if it does not meet the requirements according to the provisions of these regulations and the other relevant regulations of the Authority. In all cases, the Authority may return the claim to the licensee to provide the information it deems necessary for studying and deciding on the claim.
13. The licensee must provide the additional information specified by the Authority or make any required amendments to the claim for the appropriation of the tariff, within a period not exceeding (10) ten working days, or notify the Authority of the withdrawal of the claim.
14. The claim for the appropriation of the tariff shall be considered canceled if the licensee fails to provide the required information to the Authority, or respond to the questions raised within (10) ten working days, and the licensee—if they wish—may submit a new claim, in accordance with the provisions of these regulations.
15. The Authority may suspend the evaluation of the claim until the additional information requested is provided, and the period stipulated in Article (9) of these regulations shall restart each time the Authority requests additional information.
16. The Authority's receipt of the complete notice of the tariff; according to the format specified by the Authority, must occur at least one working day before the date the tariff comes into effect.
17. The approval of the Authority or its notice to apply, amend, suspend, or cancel the tariff shall be considered canceled in the following cases:
1.17. If the Authority requests the licensee to apply, amend, suspend, or cancel the tariff within a specified timeframe, and the licensee fails to comply.
2.17. If the licensee delays in applying what is stated in their claim subject to appropriation or notice for a period of (30) thirty days from the specified date, and they have the right to submit a new claim.
18. All licensees with the Authority are subject to the regulation of tariff prices in accordance with what is stated in the Telecommunications Law and its executive regulations, as well as other relevant regulations of the Authority.
19. The Authority may consult with the public regarding the determination of tariff price regulations and their application to one or more licensees who may be affected by the Authority's approval of any of those regulations, including amendments or exceptions to the provisions of these regulations.
20. The Authority has the right to request from the licensees to provide it with the necessary and essential information to verify their compliance with the price regulations, which should include - by way of example and not limited to - the actual price of the service unit and the data related to price determination; whether this is at the time of submitting the tariff application or at a later time. Licensees must retain that information for a period of (12) twelve months from the date of the last use of the tariff.
21. Unless there is an explicit provision to the contrary, the Authority shall have no obligation when issuing any regulations related to price determination, and it is the responsibility of the licensees to review and amend prices or amend the terms and conditions of participation in the tariff with service users, prior to the implementation of the newly established price regulations.
22. Unless there is an explicit provision to the contrary, the price determination regulations apply to both new and existing users of telecommunications service offers who wish to change their offers.
23. The Authority may temporarily suspend obligations related to prices, either wholly or partially.
24. The tariff that the licensee classifies as dominant or as a comprehensive service provider must correspond with the costs of that service, according to the Authority's assessment.
25. The Authority may consult with the public regarding raising the tariff price for any of the offers requested by the licensee, and it has the right to request detailed information about those offers.
26. The Authority has the right to impose a maximum price ceiling, and licensees may not offer their service tariffs above it, with the aim of protecting users or achieving any of the Authority's objectives, based on the powers granted to it in its regulations.
27. The Authority has the right to impose a minimum price, and licensees may not offer their service tariffs below it, with the aim of protecting fair competition in the market; in accordance with the powers granted to it in its regulations.
28. The dominant licensee may not offer a non-competitive tariff in the relevant markets.
29. The provisions related to prices apply to the tariff of integrated telecommunications services and to individual services or as determined by the Authority.
30. The tariff must not include any fees for establishing calls or accessing the internet or other service establishment fees.
31. In accordance with the investigative and inspection powers granted to the Authority in its fundamental regulations, it has the right at any stage to request any licensee to provide it with information, and to prohibit or prevent any tariff or pricing practices that the Authority deems discriminatory, non-competitive, or harmful to the interests of users.
32. The licensee must obtain prior approval from the relevant authorities for all tariff applications that require evaluation or technical approvals, or regulatory arrangements, or are related to the use of the radio frequency spectrum, or equipment licenses, or numbering, before submitting the tariff application to the Authority for approval, or notifying the Authority thereof. The Authority's approval or notification regarding the tariff does not exempt the licensee from any obligations towards the relevant authorities.
33. The notification of the tariff or its approval by the Authority does not exempt the licensee from its obligation to comply with the provisions of these regulations.
34. The submission of the tariff application is not considered complete, and it is not submitted correctly, unless it includes all the required information in accordance with the provisions of these regulations and in the format specified by the Authority. The Authority has the right to suspend the tariff until the application requirements are completed and to announce this to the public.
35. The Authority has the right to impose limits on usage restrictions, achieving any of its purposes, based on the powers granted to it in its fundamental regulations.
36. The Authority may require the licensee, the controlling entity, or the comprehensive service provider in the relevant markets to offer permanent and temporary promotions on services with pre-payment and post-payment options that include separate bundles—non-integrated—based on a pay-as-you-go system, or as deemed appropriate by the Authority.
37. The licensee may request an amendment to an existing tariff provided that the proposed transaction for users prior to the amendment is fair, reasonable, and non-discriminatory.
38. Unless the Authority decides otherwise, the licensee may request to stop offering the tariff to new users, provided that no amendments are made to the tariff for existing users.
39. The Authority periodically conducts a margin profit pressure test on the tariff of the controlling licensee in the relevant markets.
40. The Authority may, at any time after the tariff has been approved or notified, in accordance with the provisions of these regulations, either on its own initiative or at the request of the licensee or a third party related to the user, reassess the appropriateness of the tariff, and determine the feasibility of maintaining, amending, suspending, or canceling it, particularly in any of the following cases:
1.40. If the information provided by the licensee is incorrect, inaccurate, or misleading, according to the Authority's assessment.
2.40. If the tariff harms the interests of users.
3.40. If the tariff contradicts the provisions of these regulations.
4.40. If the tariff is likely to harm fair competition or lead to an abuse of dominance.
5.40. If the tariff of the controlling licensee fails to pass the margin profit pressure test.
41. The licensee shall not impose a minimum obligation for participation for a period of time less than one month or exceeding twenty-four (24) months; to be a precondition for granting them discounts or special considerations.
42. The financial consideration resulting from the user's breach of the terms and conditions of the obligation must be reasonably related to the amount of the discount or special considerations provided by the licensee, and to the length of the contracted service period.
43. Unless the authority decides otherwise, the duration of the tariff offer in temporary offers must not exceed ninety (90) days in the calendar year.
44. Unless the authority decides otherwise, the duration of participation in temporary offers must not exceed ninety (90) days, and the user shall not participate in an offer similar to another offer in which they previously participated during the cooling-off period.
45. Unless the authority decides otherwise, the duration of the tariff offer in targeted offers must not exceed seven (7) days from the date the user is notified of it, and the duration of participation in them must be thirty (30) days from the date of activation, and it shall be presented once to the user during the calendar year according to their identity number and shall not include any minimum time limit for the obligation to participate.
46. The licensee may not present any temporary offer during the calendar year from the date of the end of a similar offer except in accordance with the conditions, circumstances, and cases assessed by the authority and after its approval. This includes, for example, that the temporary offer becomes a permanent offer, and the authority may, if it deems that the temporary offers are similar, take into special consideration the content of the offer, its duration, eligibility to obtain it, and the amount of the discount.