Read the untranslated law here: http://parliament.gov.sy/arabic/index.php?node=201&nid=4537&RID=-1&Last=10058&First=0&CurrentPage=6&Vld=-1&Mode=&Service=-1&Loc1=&Key1=&SDate=&EDate=&Year=&Country=&Num=&Dep=-1&
Law No. 18 of 2010
Communications Act in the Syrian Arab Republic
President of the Republic based on the provisions of the Constitution
And approved by the People's Assembly in its meeting held on 19-6-1431h corresponding 1-6-2010m.
Article I: The provisions of the attached law apply, named "Communications Act" in the Syrian Arab Republic.
Article Two: The law does not apply to telecommunication networks and services and the frequency spectrum used by the armed forces.
Article III: With the entry into force of this Act, shall be canceled:
Decree No. 1935 date 10.07.1975, as amended, stating the establishment of PTC, and subject to the following fifth article.
Law No. 451 date 11.10.1957, as amended, containing wireless devices law.
Also cancels all provision inconsistent with the provisions of this Act in any other legislation in force.
Article IV: The implementing regulations necessary to implement the provisions of this law by decree.
Article V shall be published in the Official Gazette and shall come into force after six months from the date of publication, with the exception of the provisions under Part IV of the Act (Syrian Telecom), are given to work out a period not exceeding two years from the date of publication of the law, shall be determined this time the decision of the Council of Ministers within the deadline specified.
Damascus on 27/6/1431 AH corresponding to 09/06/2010 AD's.
General Provisions and Definitions
The purpose of the Telecommunications Regulatory
Telecommunications sector is a national resource, and is held in accordance with the provisions of this law, in order:
Establish rules that would regulate and develop communications and telecommunications services in all its forms sector in Syria, according to the needs of society and the national economy.
Restructuring of the telecommunications sector and define the roles of the main parties operating in it, especially the Ministry of Communications and Technology, and the governing body for the sector, the updated communication under this law.
Provide fair competition between operators and service providers working in the field of communications and protect users and users of telecommunications services.
Shall mean the following expressions and terms, in the application of the provisions of this Act, the meanings indicated next to each of them, unless the context indicates otherwise:
Law: the Telecommunications Law.
Implementing Regulations: Regulations for the Law of communications.
Ministry: The Ministry of Communications and Technology.
Minister: Minister of Communications and Technology.
Commission: The governing body for the telecommunications sector, the updated under this law.
Board or the Board of Commissioners: Board of Commissioners in the body.
Chairman of the Board or the Chairman of Commissioners: Chairman of the Board of Commissioners in the body.
Director General: The Director General of the Commission.
Enterprise: PTC, updated by Decree No. -1935- date of 07.10.1975, as amended.
Company: Syrian Telecommunications, updated in accordance with this law.
General Authority for wireless communication service-: updated body under the legislative decree No. / 48 / dated 08/23/2009, as amended.
Relevant security agencies: hardware security-related communications issues under the laws and regulations in the state.
Person: Any natural or legal person.
Electronic means: electronic means, electrical or magnetic, electromagnetic, optical, digital or any other similar means used in the exchange of data, information, or processed, preserved or stored.
Communications: any transfer, broadcast, send or receive signals, symbols, sounds or Almktobat or fixed or mobile, data or information images, by electronic means.
Radio spectrum or radio frequency spectrum: wave spectrum electromagnetic deployed in space with a frequency of 3 kHz to 3000 GHz (unless specified area contrary bandwidth in the regulations of the International Radio), which are utilized in the broadcast, send or receive signals communications.
National Spectrum Plan: Distribution and use of radio spectrum in Syria plan.
Spectrum of civil radio: radio spectrum used for civilian purposes, as determined by the National Spectrum Plan.
Radiocommunication: connections that use radio frequency spectrum.
Technology parameters or information technologies: technologies used in information or data or signals, symbols, sounds or Almktobat or still or moving image processing, and generation, transmission, exchange and retrieval, display and save it and use it, by electronic means.
Broadcasting: a broadcast by using the radio frequency spectrum or the means or Kabal, direct reception of Commons prompt.
Public telecommunication services: telecommunications services available to the public.
Communications Equipment any devices, equipment or tools used for communication purposes.
Radiocommunication equipment: Telecommunications equipment used for the purposes of radiocommunications.
Radiocommunications station: any station or site or facility used for radio communications.
Terminal equipment or communications terminals: communications equipment used by the subscriber, and allows him to take advantage of communications services.
Network Connections: composed of stations or holding contacts and links between them or Kabbal wires or radio links or other system, and allow the provision of communications between two or more points.
Network constant: communications network terminals which are fixed in a specific location.
Mobile communications network: network connections are terminals which wirelessly connected, and scalable to navigate.
Public communications network: telecommunications network used to provide public telecommunications services.
Communications network privacy: telecommunications network operated exclusively for the benefit of one person or a group of people brought together by common ownership.
Licensee: a person holds a license granted by the Commission under this Act.
Operator: licensed to operate a telecommunications network and provide telecommunications services on them.
Public contacts Player: licensed operator to run a public telecommunications network and provide direct or indirect services.
Telecommunications market: a category of products or subject to supply and demand for communications services, which can, depending on the price, characteristics and aspects of their use, replacing any of them to other, in a given geographical area where the conditions of competition be homogeneous. It also expresses the sum of specific telecommunications markets according to this definition of "telecommunications market."
An influential force in the market: a recipe licensee is able to influence the telecommunications market activities, when they have a quota of at least 25% of this market. The Authority may, reasoned decision, modify this ratio and determination of the conditions affecting the telecommunications markets according to market conditions and licensees in it.
Dominant position in the market: an extreme case of force affecting the market, where the Licensee a powerful force in the communication ability to control the activities of this market and gain control of them or to prevent the existence and continuation of the competition where the market is, and the Commission shall specify that the situation in the telecommunications markets, taking into account the provisions of the competition law and antitrust force.
User: Anyone using or benefiting from public telecommunication services.
Common: Anyone who gets on telecommunications services under a contract with the operator or subscription service provider.
Distribution or quota (in terms of radio spectrum) to distribute parts of the radio spectrum (the quotas) and assigned to the various services that use this spectrum.
Customization: (with regard to radio spectrum) allocating certain frequencies of the radio spectrum for use by those with licenses to do so, taking into account the distribution of this spectrum.
Supreme Committee for Planning Spectrum: Updated Commission under this Act, and on the Status and review and amend the National Spectrum Plan.
National Numbering Plan: Distribution and use of services and subscriber numbers, which are developed by the Authority to be used in the provision of telecommunications services plan.
Communications: installations, networks and supplies and material and moral resources, owned or held by or provided by contacts or communications services provider operator facilities.
Basic communications facilities: Communications owned or held by or provided by a limited number of licensed facilities, and the need to use operators or other services providers to offer their services, so as not to be feasible or recurrence irreplaceable for technical or economic reasons for saving. These facilities include buildings, towers and antennas, masts and streams Kabal local circuits and circuit-switched and easements, etc., as determined by the Commission.
Environmental linkage or networking: the physical or logical connection between the communications used by certain connections or more than one operator operator networks, in the points possible technically, in order to enable the participants in a network to connect to other participants in the network, or access to services provided by those other network.
Entry or access: access for a certain player, the purpose of providing its own services, to network connections or installations belonging to operators another or obtain communications services from the operator, including in particular access to telecommunications facilities, and to provide roaming on the networks mobile communications, connecting communications devices by wire or wireless.
Reference Offer environmental bind: a reference document with a standard formula established by the licensee, and approved by the Commission, including technical, operational and financial terms offered by the licensee for environmental connectivity and access to its own telecommunications facilities, including environmental anchor points possible technically, and ecosystem services link and enter communications to the available facilities, the times required for submission, and their prices, and the level of quality of service, and procedures for repair of malfunctions, and procedures for application access to communications facilities, and plans for the future licensee stated to the body, and any conditions required by the Commission.
Statement: permission to import, manufacture, assembly or use communication equipment in accordance with the standards and specifications approved by the Commission, so as to meet the wages set by the Commission.
Adoption of the species: the mechanism followed by the body to determine the standards and technical rules for communications equipment and telecommunications stations so as to ensure its compatibility with existing networks or communications services must, operators and users of equipment providers adhere to those specifications.
License: instrument license granted by the Commission, or any agreement or contract signing with the body of another person, in order to enable it to create or run or public telecommunications network or provide public communication or any other services determined by the Commission or the use of frequencies within the spectrum management services radio frequency.
Boilerplate license or license the ordinary: a license is granted to those who requested, if Toukrt in the student's eligibility criteria and conditions issued by the Commission on that type of licenses.
Differentiated license or Premier License: a license is granted to a specific person according to certain special conditions may be granted this license restricted to a limited number of licensees, and extended specific, and may be under contest or bid or other selection mechanisms.
Primary license instead: cash allowance which is based licensee stopper to the state when granting the license.
Revenue sharing: percentage licensee shall repay the total of its revenue to the state, as determined by the license terms.
Annual license fees: wages, which is licensed to repay to the Commission annually in exchange for the burden to be borne by the Commission in carrying out its functions in the regulation of telecommunications markets, being calculated on the basis of the percentage of licensed operating revenue for them, as determined by the Commission or the license terms.
Frequency license or frequency license: license for use of the frequency or more within the radio spectrum for the purposes of radiocommunications.
Wages frequency license: wages, primary and annual, paid by the licensee to the body to meet the license to use frequencies.
Universal Service: providing certain public telecommunications services to all members of society, regardless of their geographic location, even in places is economically viable, so that they are suitable in terms of price and quality, and that under the terms bordered body as necessary.
Universal service contribution: cash contribution paid by the licensee to the Authority to support the universal service fund, according to the licensing provisions of this Act items.
Value-added services: any service added to the available basic telecommunications services, in order to facilitate communication procedures or provide new communications services.
Movement data: any data being processed, and be the result of the transfer of a connection to the public telecommunications network, and the establishment of appropriate billing information to do so.
Location data: any data being processed in the telecommunications network, and refer to the geographical location of the user's terminal equipment of public telecommunication service.
Notification: the book is being directed by registered mail.
B being interpreted any word or phrase not defined in the law and in accordance with the definitions approved by the ministry, taking into account the recommendations of treaties and international conventions.
Taking into account the provisions of Legislative Decree No. / 35 / dated 15.5.2004 containing the identification of the Ministry of Communications and Technology tasks, the Ministry shall have the following tasks:
General policy for the telecommunications sector and information technologies in Syria, and the development of strategies and plans compliant with this policy, and overseeing its implementation.
Determine the structure of the telecommunications market, and the development of the general trends in developed and development and the provision of telecommunications and information services in it, and to ensure its own security, as keep pace with global technological development.
A policy to provide universal service so as to achieve economic and social development requirements.
Develop plans that encourage investment in the telecommunications and information technologies sector, and allow the creation of a suitable environment for the provision of telecommunications and information to users at a balanced services.
Preparation of legislation relating to communications and information technologies sector projects, in consultation with the Commission.
Participation in the preparation of the National Spectrum Plan.
Represent Syria in front of states and international and regional organizations and Arab and unions in regard to communications and information technologies sector, in partnership with other stakeholders.
Ensure compliance specified in international, regional and Arab agreements in the field of communications and information technologies that Syria is bound to it or a party obligations.
Encourage training and rehabilitation activities, and research and development, innovation and creativity in the field of telecommunications and information technologies, and upgrading, and to identify the necessary funding for it, and to participate in the performance of such activities, and to propose creation of laboratories and research and development centers and to develop the necessary training and teaching programs.
Raise awareness of the importance of telecommunications and information technologies in the overall economic and social development in Syria.
Governing body for the telecommunications sector
Occur in the Syrian Arab Republic, a regulatory body called the "governing body for the telecommunications sector", linked to the Minister, and shall regulate the telecommunications sector in accordance with the provisions of this law, which has legal personality independent administrative and financial, and will be based in Damascus.
The Commission shall exercise its creation when all the tasks related to the organization of communications, formerly vested in the General Organization for communications.
Body functions and powers
(A) The Commission shall have the following functions and powers:
Lay the foundations and Alnoazem and controls to ensure the organization of the telecommunications sector in accordance with the provisions of this law and public policies and directions set by the ministry, and the issuance of the necessary decisions for this purpose. That includes: the study of telecommunications markets and analysis, and determine the level of regulation in which, and the procedures for granting licenses, and the management and use of spectrum and civil radio, numbering, and resources of other communications, and procedures for accounting separation among licensees, and interconnection, and access to communications facilities, and to provide universal service, and pricing of services, and promote competition, consumer protection, and the development of technical specifications, and the adoption of species, and procedures for resolving disputes between parties operating in the telecommunications market, and all other matters covered by this law or be deciding where necessary for the application of its provisions.
Express an opinion on legislation relating to the telecommunications sector and to contribute to put it in place.
Determine the general principles adhered to by operators and providers of telecommunications services, and the development of conditions and criteria and procedures for granting licenses for telecommunication networks and services, and the use of the radio frequency spectrum and civil.
Take the necessary measures to ensure licensees terms of licensing commitment measures, in particular with regard to the following:
Plans for the deployment of services provided and the implementation of the universal service obligations.
Necessary to use communication resources.
Interconnection fees, and pay to use the infrastructure and telecommunications facilities.
Ensure the quality of services provided.
Maintaining the confidentiality of information arising from the provision of services and privacy.
Basis for the determination of allowances and wages mode, the annual primary and, for all types of licenses.
Fees for the services they offer and that the fines imposed are met.
Stimulate fair competition in the telecommunications sector and organized manner to ensure its effectiveness in the provision of telecommunications services, and work to prevent anti-competitive practices, or misuse of any person to place it dominant in the market, and to take the necessary measures to these ends, including providing the necessary disclosures for it.
Civil radio spectrum management and organization used in the territory of the Syrian Arab Republic and its territorial waters and air space and space. That includes:
Participation in the preparation of the National Spectrum Plan, and to ensure optimal use of the spectrum, in coordination with the Ministry of Defense and other stakeholders.
Establishment of a national register of the radio frequency spectrum, and save regards to the civil part of it to the body.
Allow access to regulations regarding the use of the radio frequency spectrum for civil pan.
Coordinate the distribution and allocation of frequencies communication with the relevant authorities in other countries, according to the recommendations and requirements in force in the International Telecommunication Union and regional and international bodies concerned, in coordination with the Defense Department and other concerned parties in Syria.
License to use for operators, service providers and other users of communications frequencies, in the civil portion of the radio spectrum, and according to the National Spectrum Plan, and ensure compliance with the terms of the allocation of these frequencies, and the terms of the licenses granted, and the provisions of this law.
Prepare and follow up the implementation of the National Numbering Plan, the allocation of numbers for licensed according to the plan.
Ensure that environmental connectivity, interoperability, and access to communications facilities, according to the license conditions or upon the regulations laid down by the Authority in accordance with the provisions of this law.
Develop a mechanism for determining the universal service obligations on operators and service providers, and an assessment of the guaranteed universal service and contributions owed by the operators and service providers, and the ratification of the burden borne by them to meet their commitment to the universal service account.
Review pricing guarantee systems for being fair, compared with those in the Arab and regional telecom markets, and lay the foundations identified and re-balanced, and take action relating to adjust them when the market situation requires it.
System set up to receive complaints from users and licensees, and consideration, and to study the complaints and work to resolve disputes arising between licensees and subscribers and any others related to the field of communications, and take appropriate action in this regard.
Resolution of disputes arising between licensees to implement the provisions of the law, and enter into it:
Refused to do interconnection or implementation of interconnection agreements, or to provide access to basic telecommunication facilities.
Participating establishments existing in public sites or on private property.
Development and approval and dissemination of technical specifications and standards of interconnection between different networks, equipment and communications, including radio equipment, communications equipment and stations, with public telecommunications networks.
Adoption of the types of communications equipment, and the granting of necessary permits, and monitoring the use of such equipment, and coordination with the concerned authorities when imported. The Authority may authorize others do so based on the actions you specify in advance.
Organize hobby Wireless, and develop the necessary rules to create clubs and associations of Amateur Radio, and to give amateur certificates that allow them to practice their hobby, and based on the rules adopted by the Commission in coordination with the Defense Ministry and security agencies concerned.
Technical rules relating to health and environmental safety to be followed in all matters relating to the development of the telecommunications sector, especially when the installation and operation of telecommunications equipment, and follow up the implementation and operation in accordance with standards that are being developed in coordination with the concerned authorities.
Contract with the houses of local and foreign expertise, and the use of local and foreign experts, as required by the work of the Commission, without being bound by the provisions in the Basic Law for workers in the state, so as to ensure the best attraction of specialized human resources in the field of body and development activities. The minister issued instruments of hiring these experts after the approval of the Prime Minister.
Participate in the representation of Syria in front of states and international and regional organizations and Arab and unions in regard to communications and information technologies sector, in coordination with the ministry and other stakeholders.
Determine the communications security requirements in coordination with the concerned authorities so, and monitor compliance with these requirements operators.
Collecting information on the telecommunications sector to prepare and publish reports and manuals and instructions and indicators, and the preparation of information programs to increase public awareness of the importance of communications.
Prepare and publish an annual report on the activities of the body and plans.
(B) the Commission should carry out all the duties and exercise all the powers and take all actions and decisions and measures effectively and systematically nor discriminatory, objective and transparent, in a manner consistent with the provisions of this law.
(C) authority to take into account, in carrying out these responsibilities, the best international standards adopted for the organization and management of telecommunications services, and develop procedures to collect suggestions and operators, service providers and other stakeholders and individual comments.
(D) publish regulations and decisions issued by the Commission in the Official Gazette.
A body composed of:
1- Board of Commissioners.
2- executive body, chaired by the Director-General.
Board of Commissioners
Board of Commissioners is composed of seven members, including the Speaker and his deputy, experienced and competent in the areas of communications and information technologies, economics, law, management, provided that they are all natural persons of the Syrian Arab citizenship campaign.
Members of the Council called upon the proposal of the Minister, by decree specifying wages and compensations, and is President of the Council and his deputy, at least part-time work in the body.
Notwithstanding the provisions of paragraph (b) of this Article, the Minister shall, after the creation of the body and the formation of the Board of Commissioners for the first time, the Presidency of the Council for a period of transition determined by the Council of Ministers.
For membership in the Council shall be four years, renewable for the next one-time.
Becomes vacant if the membership of a member for any reason, was appointed his replacement in accordance with the provisions of this law.
Vice President of the Council Acting Chair of the Council in the event of his absence on the face of a legal or becomes vacant.
Expiration or termination of membership in the Board of Commissioners
Not expire or terminate the membership of any of the members of the Board of Commissioners, except in the following cases:
Expiry of his term of office.
Resignation submitted by, and accepted by the Prime Minister.
Applicability of one of the cases of conflict of interest it, in accordance with the provisions of this Act and the Regulations.
Judgment of a felony or misdemeanor.
Neglect the tasks and duties entrusted to him in the performance, as recognized by the Council of Ministers.
Loss of ability on the tasks and duties assigned to him performance as recognized by the Council of Ministers.
Advisory committees associated with the Council of Commissioners
To the Board of Commissioners may be written advisory committees permanent or temporary, and implementing regulations shall determine the functions of the Standing Advisory Committees and the system work.
Director General shall be appointed by a decree specifying the wages and compensations.
Requires the Director-General to be experienced in the field of communications and information technologies.
Authority Executive Administration
The Commission shall have its own executive apparatus, and identifies owners numerical decree.
Rules of procedure of the Commission shall issue a decision of the Council of Ministers, on the proposal of the Minister.
Use regulations to be issued in the Commission's decision of the Council of Ministers, upon the proposal of the minister, including in particular the origins and conditions of appointment of the Commission's employees or contracting with them, and their rights and obligations, and their wages and compensations, grants, benefits and incentives they receive.
Financial system of the body issued a decision of the Council of Ministers, upon the recommendation of the Minister, in agreement with the Minister of Finance.
Excludes workers in the body of the provisions of the Basic Law of the State Workers No. / 50 / of 2004, as amended, and are subject to the provisions of the use of the system in the body and financial system.
Conflict of interest
Prohibits any member of the Board of Commissioners, or the spouse or offspring or relatives to the third degree, to be a contributor, or have any direct or indirect financial interest with any of the licensees, for the duration of his membership in the Council.
Prohibits the Director-General, or any of the Commission staff with the rank of director, or his spouse or offspring or relatives to the third degree, to be a contributor, or have any direct or indirect financial interest with any of the licensees, for the duration of his job office or employment.
Council to waive easy interest relating to the content of paragraph (b) of this Article, which are not inconsistent with the requirements of the position or function, and includes the Council's decision in this case the reasons on which it.?
Well as to the provisions of this Act and the Regulations, applicable laws and regulations regarding any violation of the provisions contained in this article.
The duty of confidentiality imposed on the work in the body
Prohibits any member of the Board of Commissioners or the Director General or any of the staff of the Commission for non-disclosure of confidential information received directly or indirectly when carrying out his job or because of them, and apply the ban after leaving office or employment.
Work outside the body for the benefit of others
Prohibited by the Director General or any of the staff of the Authority during the duration of the job or function that the third party in any action or advisory service or the like associated with areas of work of the Commission for the benefit of, nor any of them do so in such work or advisory service may, within a year from the date of leaving office or employment, except under the approval of the board of Commissioners.
Exempted from the provisions of paragraph (a) of this Article, teaching or giving lectures in Majamat and educational institutions, subject to the approval of the Council.
Disciplinary provisions of the Courts Law No. / 7/1990, as amended, applicable to the members of the Board of Commissioners and Director-General and Executive organ of the body.
Authority's budget and accounts
Commission shall have an independent budget, prepared by the Director General, and approved by the Board of Commissioners. The fiscal year of the Authority from the first day of the month of January and ends in the atheist and the thirtieth of December.
Body accounts subject, after scrutiny of the authorized auditor, to review the Central Agency for Financial Supervision, which report back to the Prime Minister.
The Commission shall maintain a general reserve equal to twice their total expenditure set out in the previous annual budget, is being configured surplus of resources, except as earned by the State Administration of allowances licenses and sharing revenue with licensees, after deducting all capital and current expenditures needed by the body, and the proportion identifies as incentives for Board members and staff of the Commission and the Council believes that the ratio be allocated to support the universal service fund provided for in Article 46 of this law. And devolve amounts in excess of this reserve to the public treasury of the state.
Determine the percentages referred to in paragraph (c) of this Article, the decision of the Council of Ministers, on the proposal of the Board of Commissioners and the approval of the Minister and Finance Minister.
If signed deficit in the body for any fiscal year budget, covered from the general reserve, and if the general reserve is insufficient to cover the deficit, the Ministry of Finance blocked the deficit.
The chairman of the Board of Commissioners, through the minister, an annual report to the Prime Minister on the work of the Authority and its financial position in the previous fiscal year, during the months of the fiscal year end.
Being absolve the President and members of the Board of Commissioners after the adoption of the budget and final accounts of the results by the Central Agency for Financial Supervision, and within a period not exceeding one year from the end of the fiscal year concerned.
Body composed of the following resources:
Allowances and annual licenses primary.
Sharing revenue with the licensees.
Wages submit license applications, and the annual wages of licenses, permits and fees, and renewal.
Wages elementary and annual frequency license.
Fines, which have the status of compensation, which collects the body of licensees in case of violating their obligations.
Wages charged by the Authority in exchange for services rendered.
Any wages or other contributions imposed on licensees in accordance with the terms of the license or regulations set by the Commission.
Revenues Authority's funds invest.
Loans and credit facilities.
Grants, gifts, donations, aid and bequests and subsidies received by the Commission, after the approval of the Prime Minister.
Subsidies that monitor the body in the state budget.
Any other resources approved by the Prime Minister.
Establishment of the company and purpose
Established in the Syrian Arab Republic, a joint stock company called "Syrian Telecommunications Company" (Acronym: "Syrian Telecom") owns the state, represented by the public treasury, full shares.
Be the main purpose of the company to provide telecommunications services to the public in a manner consistent with the provisions of this law. The company is guaranteed by the state, and be funds and assets of private state property.
Subject the company to legal trade, companies and regulations
Syrian Telecom trade law and the law of influential companies and amendments are subject in everything not provided for in this law.
Statute of the company shall issue a decision of the Council of Ministers, according to the laws and regulations in force, except those exempted by expressly provided in this Act, the statute sets out in particular the composition of the body of the company, subject to the procedures a month statute of the company and registered in the commercial register of the Trade Act and the Companies Act influential, and in a manner not inconsistent with the provisions of this law.
Issued financial accounting system and the system of contracts and the system of work and the company's personnel decision of the Council of Ministers.
Board of Directors is the rest of the internal systems.
Syrian company communications solutions replace PTC
Syrian Telecom replace PTC updated Decree 1935 Date of 10/07/1975, as amended, with all their rights and obligations, and all its terms of reference and functions, with the exception of those related to telecommunications regulation, after the completion of publicity statute procedures for the company, and it becomes the Syrian telecommunications Company after the completion of these actions legal waste public telecommunications Corporation, and passed to the ownership of all PTC material and moral, funds and all its rights and obligations assets inside and outside Syria, and that in all matters pertaining to the implementation of networks and systems of communication to the public, operate and provide telecommunications services.
After the founding of the Syrian Telecom and launched it, is transferred shall rule all workers in the PTC, with the exception of workers in the field of Telecommunications Regulatory who transferred to the Authority, and transferred to the company all contractors with PTC and contractors, experts and participants have, such is the workers and contractors, and contractors The experts and the company's subscribers, and retain previous rights and privileges, and shall be accountable to the company from fulfilling their obligations.
Syrian Telecom's contribution in other companies
Entitled to the Syrian Telecommunications Company, with the approval of its General Assembly, to establish or contribute in other companies inside or outside Syria, or to contract with other companies inside or outside Syria, to achieve some of its goals, based on the approval of the Minister.
Determine the actual capital of the Syrian Telecom
The Syrian Telecommunications Company within a period not exceeding five years of the declaration of its statute to conduct a comprehensive assessment of the assets of the physical, moral and money, being in the light of this amendment to the Statute of the company, restructuring and functionally and financially, and determine the actual capital evaluation. Being the ratification of this amendment by the Council of Ministers on the recommendation of the Board of Directors, after approval in the general assembly.
Give the company, after its founding and a final evaluation of its assets and the completion of the financial restructuring and determine the actual capital, to the owner of the stock bonds final number of shares owned, and applied to these shares provisions of the chapter on materials stocks contributing to the applicable commercial companies law firms.
Company shall be exempted from all duties and taxes due on its foundation and turn her legal persons as stipulated in this Law.
Syrian Telecom business is regulated by the Council of Ministers and the Ministry of Communications and Technology and Ministry of Finance and the Ministry of Economy and Trade in all matters relating to the implementation of the provisions of this law and the legal trade and influential companies.
To the Prime Minister or the Minister of Communications and Technology is entitled to costs in any Central Agency for Financial Supervision time or inspectors of the company's accounts or any auditor designated by him to carry out inspection of the company's accounts, records and other work, and the inspector to report on the outcome of his mission to the party that cost him the job .
Public telecommunications networks
No person shall establish or operate or manage any network of public communication or provide telecommunications services generally, or the establishment or termination of international contacts in Syria, or advertising for any of it, only after obtaining a license from the Commission in accordance with the provisions of this Act and the regulations organizational set by the Commission.
Prohibited for any person that does without the approval of the Authority to link any communications network or any connections unlicensed equipment to the public telecommunications network licensed under this law.
May not be competent administrative unit, according to the local administration law in force, to grant authorization to establish buildings or private telecommunications services Talitha or modified tower only after obtaining the approval of the Authority and the Authority technical instructions issued in this regard, including coordination with the Ministry of Defense procedures.
Privacy telecommunications networks
Does not require the establishment or operation of private telecommunications networks to obtain a license from the Commission, provided that the use of these networks to the frequencies of radio or any resource in another, or passing through the public property, which shall issue the general head regulators about the establishment and operation of this type of networks.
Any licensed operator is committed to informing the Authority for the privacy telecommunications networks set up by the basic structure, according Alnoazem set by the Commission for that.
May be linked to the privacy telecommunications networks then some or communications network public upon written agreement between the parties, in accordance with the instructions issued by the Authority and included guiding rules and technical conditions necessary for connecting Alpina.uellahaih requirement to obtain approval on interconnection for certain types of those networks .
Prohibits persons who own or occupy or manage the privacy of communications networks to provide public telecommunications services, by those networks, except under license.
Granting of telecommunications licenses
The Commission shall grant, for the operation of telecommunications networks or provide telecommunications services, individually or atypical licenses for certain periods, according to the provisions of this law.
Be individually license in the following cases:
Use of radio frequency spectrum.
Use numbering under the National Numbering Plan.
Provide the following services:
Public fixed telephone services.
Public mobile communications services.
Satellite communications services.
International telecommunications services.
May, by decision of the Council of Ministers, based on a reasoned proposal of the Board of Commissioners, modify and services cases where individual licenses granted, and in paragraph (b) of this Article.
The Commission may conduct a contest or bid or other selection methods for licensing individual according to the rules and procedures approved by the Board, and must be declared adopted the method of choice for at least three months from the date of conducting the manner it deems appropriate body before.
Licensing individual is subject to the ratification of the Council of Ministers if the license fee more than two hundred million Syrian pounds, and may modify this ceiling by decision of the Council of Ministers, as the Council of Ministers may, on the proposal of the Minister, determine the types of licenses granted to the ratification of the Council of Ministers needs and thus to dismiss the value of the license.
License does not exempt under the provisions of this law from obtaining any other approvals or licenses required under any other law in force.
Executive regulations specify requirements for licensing, regulating the procedures to apply for the license, and the contents of the license, and procedures that ensure licensees commitment to the terms and conditions of the license.
The duty of confidentiality imposed on licensees
Prohibits a licensee, or his employees, the use of any information belonging to another Licensee for any purpose other than the purpose for which he received from him, or disclose in any manner, without the licensed owner of that information consent.
Prohibits a licensee, or his workers, tampering with any data shared, or used for any purpose other than the purpose for which he received from him, or disclose in any way, without obtaining the approval of the joint.
Radio spectrum management
Organization and management of radio spectrum
Radio spectrum is a national resource economically limited, and the Commission shall organize and manage radio spectrum and civil accordance with the provisions of this law, and in a manner that does not conflict with the powers of the Supreme Committee for the planning spectrum.
The Commission shall, within the framework of the National Spectrum Plan, is responsible for the allocation of civil radio frequencies and coordinate their use and ensure compliance with the conditions in the license granted.
Authority, in coordination with the Defense Ministry and security agencies concerned, the use of all means to verify the licensees commitment to license the use of the frequency conditions, including the establishment and development of systems needed to manage and monitor the radio spectrum.
On the body to keep the tables and records and copies necessary to perform the tasks set forth in this law.
Body to ensure that the procedures followed in an objective and transparent allocation of frequencies not be discriminatory.
The Supreme Committee for Planning
Formed by a decision of the Prime Minister a committee called the "Committee for the planning spectrum," mission preparation of national Spectrum Plan, reviewed and adjusted, and the distribution of parts of the spectrum on the civil and military services and includes this committee in its membership representatives of the competent authorities, particularly the Ministry of Defense and the Ministry of Communications and technology and the Ministry of Interior media, in addition to the body, and determines the written decision of the Commission headed.
Mandatory frequency license
Subject to paragraph (b) of this Article, is prohibited for any person communications network using radio spectrum, or run, or the use of radio equipment connected to any network connections, or any equipment using radio spectrum to run, what did not get a license to do so of the body.
Armed forces and security agencies use its allocated radio frequency bands without obtaining a license from the Commission, taking into account that there is no interference with other radio frequencies.
Should be on radio and television broadcasting services providers, terrestrial and satellite, to obtain licenses frequencies allocated to them for the use of the body, and in addition to that required by any other law to obtain licenses to provide these services.
Prohibited for any vessel calling at ports or on the Syrian shores, or any aircraft landing in Syrian airports, the use of radio equipments for any purpose, except for sea or air navigation purposes and rescue operations and emergency, without obtaining the necessary loosen using frequencies for it.
Prohibited foreign vehicles using radio equipment in Syria without obtaining a license to do so.
Authority, in coordination with the Defense Ministry and security agencies concerned, exclude certain types of radio equipment from licensing frequencies to use, to declare all those types and specifications.
The license granted in accordance with the provisions of this article personally license may not be ceded to third parties without the prior written consent of the Board.
Introduction of equipment and radio stations owned and used
Syrian armed forces and the security services are excluded from the provisions of paragraph (a) of this Article.
Authority, in coordination with the Ministry of Defence, the right parties with the exception of the following provisions of paragraph (a) of this article:
Foreign ships, aircraft and vehicles of road transport and transit services across the water and land and territorial airspace or dock in their ports or landing at its airports.
Foreign embassies and the like, subject to reciprocity.
The application for the Civil frequency license to the Commission in accordance with the procedures prescribed by the Regulations.
The Commission may conduct a contest or bid or other methods of choice for the granting of radio frequency licenses in accordance with the rules and procedures approved by the Board of Commissioners. Must announce the selection method adopted at least three months from the date of conducting the manner it deems appropriate body before.
Wages frequency usage
Authority license fee determined using the frequency or scope of radiocommunication services frequencies, and these undeclared wages.
Exempt foreign embassies and the like of these wages, taking into account reciprocity.
Evacuation of radio frequency bands
Body right, when needed, to evacuate the radio frequency bands from their current occupants, in return for fair compensation agreed upon, in order to provide telecommunications services in accordance with the global conventions and recognized norms, and gives the body such occupants deadline appropriate to do this evacuation.
Each user must apply the provisions of paragraph (a) of this article to know the existence of the Commission in writing, such as those frequencies are being allocated to the Authority.
Review of radio frequencies and redistribute
The Commission shall, from the date of entry into force of this law, review all the terms of the frequency of existing licenses, and the Authority the right to modify them according to the procedures being developed, in coordination with the occupants, in order to ensure optimal use of the radio spectrum.
All spectrum users, the frequency of the radio, as of the effective date of this Act, to provide complete data on the frequencies they use to the Commission within a deadline set by the Commission, the Commission is granting frequencies licenses depending on the conditions that you specify and in accordance with the actual needs of these users, and in line with the national spectrum plan, taking into account the status of the operators.
Into account the international conventions and other legislation
On the body, in the exercise of functions and powers set forth in this chapter, to take into account arising from international agreements to which Syria is a party obligations.
And also take into account the provisions of the legislation governing air traffic and maritime meteorology.
National Numbering Plan
The Commission shall prepare a National Numbering Plan and oversee the implementation of and adherence to, and to be used in the provision of telecommunications services, in accordance with the provisions of this law.
Of the body, in the preparation of the National Numbering Plan, conduct consultations with stakeholders, transparent and non-discriminatory.
Prohibits the use of punctuation for any purposes set forth in the National Numbering Plan.
Implementing Regulations shall determine the allocation of numbers and conditions of allocation procedures refused requests or withdrawn.
The Commission shall determine standards and technical rules for communications equipment and telecommunications stations a manner that ensures aligned with existing networks or telecommunications services, and lack of impact on public health or safety or the environment or national security.
Prohibits the import, manufacture, communications equipment assembly or traded only after obtaining a permit from the Commission, in accordance with the standards and specifications approved of them, and in coordination with the Defense Ministry and security agencies concerned.
Implementing Regulations shall determine the assets of the species adoption of and compliance with international standards, and the mechanism to approve the import of communications equipment that did not want them to identify with the specifications, as well as procedures to withdraw, modify and revoke the accreditation of species.
Regulate the telecommunications market
Identify influential force in the market
The Commission shall define and determine the regulated telecommunications markets in Syria, and to identify licensed with effective power and with a dominant position in those markets, and obligations imposed on them and determine the Regulations relating thereto.
Regulation of competition in the telecommunications market and consumer protection
Taking into account the provisions of Law No. 2 of 2008 for consumer protection, and Law No. 7 of 2008 for competition and prevent monopoly, and its amendments, the provisions of this law are applied in regard to the organization of competition and consumer in the telecommunications markets in Syria and protect and be a body competent to hear cases related.
Body practices prepared by the breach of competition sets. And it prohibits licensed to do any of these practices, and any act that would generally distorting competition or reduce them. The Regulations shall specify the conditions relating thereto.
Authority to take measures to tackle anti-competitive practices, in accordance with the provisions of this Act and the Regulations and licensing requirements. And it may include such procedures:
Licensee directed to refrain from any practice in breach of competition.
Impose a fine on the licensee, in accordance with the provisions of this Act and the Regulations.
Freeze or cancel the license, in whole or in part, in accordance with the provisions of this Act and the Regulations.
Linking environmental obligations and access to communications facilities
The licensee has a dominant market position to formulate a reference interconnection offer, and to allow access to telecommunications facilities, according to special forms prepared by the Commission for this purpose. And it provides the reference presentations to the Commission for approval.
Each licensee is committed to responding to all reasonable requests for interconnection, the points possible technically, as determined by the Commission, the licensee shall in this case by applying the same conditions in all similar cases, and without discrimination, even in the case where the student Interconnection a subsidiary of the licensee.
All licensed ever committed to a dominant position in the market to respond to all reasonable requests for access to its own basic communications facilities, as determined by the Commission, which does not contradict with the Reference Offer mentioned in paragraph (a) of this article, however licensee plans future declared to the Commission. The licensee shall in this case by applying the same conditions in all similar cases, and without discrimination, even in a situation where a student to enter a subsidiary of the Licensee.
Of the body, in special cases, and to ensure communication between the networks, that obliges licensed Uncategorized a dominant position in the market, answer reasonable request interface to connect or to enter its own basic communications facilities, filed by another Licensee, in accordance with specific conditions issued.
Licensee has a dominant market position shall be bound to determine the performances of reference prices for interconnection and access to communication facilities in a transparent manner, and without the support or embellishment pricing service on the other.
Implementing Regulations shall determine the terms of interconnection and access to communication facilities.
Into account the cost and accounting separation obligations
Licensees those with influential force in the market should identify the prices of products and services for wholesale and retail that they offer to take into account the cost of economic and technical efficiency and the body periodically checks for licensees that commitment.
Licensees those with influential force in the market is committed to the establishment of separate accounts for their services, in a manner showing revenue and costs for each service to those services separately, using the cost accounting system that supports the body model, and the Authority to identify the services covered by the provisions of this paragraph.
Licensees those with dominant market position to adhere to the upper and lower limits of the prices approved by the Authority is committed. They may offer special deals in certain cases and for specific periods subject to the approval of the Authority before.
Treatment of employees on an equal footing
Licensed treatment of subscribers and users have equally committed, in case they are subject to similar conditions.
Comprehensive service range
Shall enter the following services within the scope of the universal service:
Access to the fixed public telephone network.
Access to the Internet.
Alhsalat phones to the public.
Printed or electronic telephone book.
Any other services body can be added later after the approval of the Minister.
(B) The Commission shall specify service delivery conditions mentioned in paragraph (a) of this article to all members of society, regardless of their geographic location, especially in terms of price and quality, and these conditions are subject to ratification by the Minister.
Providers of universal service
The Commission shall establish a mechanism for determining who are required to provide universal service licensees, and relies this mechanism of the Minister and Commission shall supervise the provision of universal service concerning the degree of continuing and justice obligations imposed on licensees way that serves the consumer needs of efficiency, and without damaging the markets Communications .
Support Fund Universal Service
May happen with the Authority a fund called the Universal Service Fund support, than the provision of resources to implement the development of the nature of the projects in the field of telecommunications or information technologies lead to the promotion of the universal service, or licensed for the burden they incur as a result of providing the universal service compensation, so as to achieve a balance between the costs of providing the service and revenue.
Determined by a decision of the Council of Ministers, upon the proposal of the Minister, the rules governing the work of supporting the universal service fund at its creation, and enters in that:
Rules for the financing of the universal service.
Rules concerning the management of the Fund.
Fund resources and aspects of its spending.
Move money in the fund and disbursement procedures.
Door atheist ten
Public and private property
Use public property
Operator of public telecommunication network, after agreeing with the general property owner or her right to him, and to meet with fair compensation paid by the operator, the right to establish any facilities or recommendations or extensions needed to develop or maintain its network over public or private property of the State or property under it or through it. The executive regulations of this law, the necessary conditions for that, in addition to a review of the Authority and appeal procedures in case an agreement can not be reached.
Use of private property
Operator of public telecommunication network, after the agreement with the landlord or the owner of the right by the owner, and to meet with fair compensation paid by the operator, the establishment of any facilities or recommendations or extensions needed to develop or maintain its network over a private real estate or under or through the Implementing Regulations shall determine of this law the necessary conditions for that, in addition to a review of the Authority and appeal procedures in case an agreement can not be reached.
Landlord or the owner of the right or the licensee may appeal against the decision issued by the Commission or by the appeal in accordance with the provisions set forth in the Regulations.
Operator of public telecommunication network the right to establish any facilities or recommendations or extenders or towers or columns or similar, be required to develop or maintain its network within the geographical real estate owned by the border, and after obtaining the approval of the Authority and the competent authorities.
If required the establishment of public telecommunications networks or develop install poles or setting up towers or extension wires or ground Kabbal or air across the land or private or part of the estate, or do any of a similar nature works, as part of the expansion of telecommunications networks approved by the Authority plans which is a public benefit, the Commission may request the minister to take the necessary appropriation of real estate or necessary part of which measures, for the benefit of the body, according to the expropriation Law in force. The governing body conditions and procedures for use by licensees of these properties.
Data protection and privacy and national security
Data protection and privacy
Taking into account Article 51 of this Law, the communications between users recipe privacy.
Every licensed to take all measures to ensure the confidentiality and privacy of subscriber data to display.
Executive regulations of this law defines the terms of protection of privacy and the privacy of data traffic co-location data.
Every licensed in emergencies and cases involving national security commitment to request the Prime Minister give preference and priority to the contacts of the armed forces or civilian body associated with them, or any other entity determined.
Taking into account the privacy sanctity of the citizens, each licensee is obliged to provide, at its own expense, within the licensed its communications network, all the technical possibilities of surveillance and tracking equipment that allows the security services authorized under the laws in force to exercise its prerogatives, an investigation of the requirements of national security.
Licensee to respond to requests for surveillance and tracking, which he receives from any of the relevant security agencies committed, based on a note by a competent judicial authority, and according to the laws and regulations in force.
Licensee shall deal with the confidentiality of all data relating to requests for surveillance and tracking communicated to him on the basis of the provisions of this law, in order to prevent illegal access to such data or leakage.
Committed to telecom operators networks and providers of telecommunications services, and their Affiliates, as well as users of these services, not to use any devices to encrypt communications services only after obtaining the approval issued by the Commission in coordination with the Defense Ministry and security agencies concerned.
The Authority, in conjunction with the Ministry of Defense and the competent authorities in the state and telecom operators, plan to operate telecommunications networks carried out in emergency situations and natural and environmental disasters, and at the announcement of the general or partial mobilization, and in any other cases of national security, is being updated this plan periodically, and it is committed to operators and providers of telecommunications services to the implementation of that plan.
Issued by a decision of the Council of Ministers, on the proposal of the Commission, the procedures followed in cases of application monitor and track communications, and include the following:
Technical capabilities within the public telecommunications networks necessary to keep track of contacts.
Identify who authorized the request information from licensed pursuant to the provisions of this law.
Procedures to be stipulated by the licensees in their systems or internal personnel system, they have to respond to requests for surveillance and tracking in accordance with the provisions of this law.
Way that provides the licensees requested information.
Actions to be taken by the licensees to prevent illegal access to the data.
Reduce the financial obligations of the licensees to provide telecommunications services to the extent that may have been affected by any imposed an obligation on them, increasing the lead directly or indirectly to put their equipment or services at the disposal of the state of declaring general or partial mobilization or emergency or in cases of natural disasters or environmental .
Resolve disputes and complaints
Compose the Board has a standing committee with jurisdiction, called the "Committee for the resolution of disputes with the governing body for the telecommunications sector", have jurisdiction in civil and commercial disputes between licensees.
The Committee shall consist of three members, headed by a judge named by the Minister of Justice, experienced and competent in the field of disputes communications and information, and the membership of one of the members of the Board of Commissioners, and experts from the specialists in the field of communications and information technologies and issue the Prime Minister authored the committee's decision to build on Minister's proposal.
Leading member of the following oath before the committee chairman: "I swear by Almighty God that I do my job with honesty and integrity and not to divulge secrets Almmakrat."
For the Committee to decide on the dispute within four months from the date of referral of the dispute to it, the Commission may extend this period once a reasoned decision.
Commission issues its final class, and its decisions are subject to appeal before the Court of Cassation in accordance with the deadlines and procedures followed to challenge the decisions of the civil courts of appeal and issue a decision in accordance with the Court of Cassation assets used to have.
Issued by a decision of the Council of Ministers of the list of the rules of procedure applicable to the Commission on conflict resolution, and the designation of the Committee's decision and their employees, and apply the assets and procedures set forth in the Code of Civil Procedure in force, in all that the text did not appear in the list of the rules of procedure, ibex about not contrary to the provisions of this Act and the Regulations.
May be agreed by the parties expressly or after the conflict to resort to arbitration and the analysis of the Commission on Conflict Resolution conflict between licensees to arbitration in the event of liability agreement.
Issued by a decision of the Board of Commissioners arbitration rules with the Commission, and subject to the arbitration provisions of No. 4 of the 2008 Act, as amended.
Council issued a list of arbitrators from experienced and competent accredited by the Commission, the domestication by opponents to the formation of the tribunal.
Board of Commissioners consider complaints from users or licensees on the application of the provisions of the Act and the Regulations and the decisions of the Council.
The Board shall issue a system called "the complaints system" contains rules and procedures for the consideration of the complaints on the basis of this article.
Council may decide to dismiss the complaint in one of the following conditions:
1- If the facts do not fall within his jurisdiction.
2- If the facts are not supported by evidence.
In the event of acceptance of the complaint, it must include a statement of the Council's decision whether the facts before requiring the imposition of fines within the jurisdiction of the Council, and the judgment on the owners of these practices to those fines, according to the provisions of Article 55 of this Law.
Licensee or user aggrieved civil claim for compensation before the competent court.
Drops the plaintiffs are entitled to sue for compensation over the year from the date of issuance of a final decision to accept the complaint.
Fines imposed by the body that
If there's a licensee violating the provisions of this Act, except for the provisions contained in Part XIV of it, governing body report the violation and send a copy to the licensee offender.
Authority in the event that a Licensed violating the obligations due under this Act or the Regulations, or the decisions of the Commission, to do the following:
1- to impose a fine on the licensee, have the status of compensation paid to the body, up to a maximum ten million Syrian pounds, and may be up fine Licensees with a dominant market position in a maximum of 10% of the last year revenue of the licensee him, but not more than fifty million Syrian pounds.
2- and grants the licensee the offending appropriate time to remove the violation in the case of non-compliance with them, bear licensee fine for each additional day the violation continues.
Fines collected in accordance with the provisions of this article directly from the licensee offending In the case of failing to pay are being met in accordance with the provisions of the Public Funds Collection Law.
No body may issue a decision to impose a fine only after granting the licensee an opportunity to express his opinion in writing or at the hearing.
Issued by a decision of the Board of Commissioners assets and the imposition of appreciation and collection of fines, and this decision is subject to ratification by the Council of Ministers.
Referral to the Public Prosecution
If the body adjusts violations of the provisions of the law, based on a complaint or on its own, which includes suspicion of committing crimes, the Director-general settings refer to the public prosecutor to move the public interest litigation, and does not accept the referral decision to the General Prosecutor's Office audit in any way from the roads .
Appeal against the decision issued by the Commission
Exception of decisions issued pursuant to the provisions of Article 52. Article 53 of this Law, any licensee may not directly affected by any regulatory decision issued by the general body without subjecting it to a public consultation procedures, or of any decision taken by the Commission against him, to ask the Board of Commissioners, during a period of sixty days from the day following the publication in the official Gazette, reconsidered, based on the appeal adopted by the Commission proceedings, and the Council should pass a resolution arguing on appeal, within a period of sixty days from the day following the date of receipt, and the consequent lifting of the grievance stop implementation of the resolution, unless the Council decides otherwise.
Accept the decisions of the body, and for the consideration of the appeal provided for in Article 57 of this Law issues, appeal to the Administrative Court of the State Council within a period of sixty days from the date of notification of the Authority's decision on the appeal and the Court will consider the appeal expeditiously.
Judicial police and the penal
While retaining staff customs officer the right to exercise the powers granted to them by Law No. / 37 / for 2006 and Law No. / 38 / for 2006 and its amendments, the staff body designated by the Board of Commissioners the status of judicial police, and they have the authority to monitor implementation of the provisions of this law and regulations and the decisions and orders issued pursuant to the provisions.
The authority in charge in the judicial police officers, before the exercise of their functions, swear the following oath before the Civil Court of First Instance: "I swear by Almighty God to do the job you are assigned to honorably and conscientiously."
Judicial police referred to in paragraph (a) of this Article, the validity of the use of police officers in the performance of their duties.
The judicial police officers to prepare Illot in the case of any violation of the provisions of the law, that the adjustment includes a description of the irregularities, if any.
Executive regulations of this law defines the tasks assigned to the judicial police officers, and the actions they take in the exhibition achieve their functions and duties.
Into account relevant laws
Without prejudice to any more severe penalty stipulated in the Penal Code or any other law in force, shall be punished for the crimes set forth in the following articles to penalties set forth therein.
Breach of obligations of the body
Be punished by imprisonment of six months to three years and a fine of not less than two hundred thousand and not exceeding one million Syrian pounds, a member of the Board of Commissioners or the Director General or body employee who prove breach of the provisions of conflict of interest, contained in Article 12 of this Law.
Be punished by imprisonment of one to six months, and a fine of not less than two hundred thousand and not exceeding one million Syrian pounds, a member of the Board of Commissioners or general manager or employee of the Authority, which prove his violation of the provisions of the duty of confidentiality, contained in Article 13 of this Law.
Punishable by a fine of not less than two hundred thousand and not exceeding one million Syrian pounds, the Director General or body employee who proves his violation of the provisions of the work outside the body for the benefit of others contained in Article 14 of this Law.
And control the court to confiscate any funds may be obtained by any of those referred to in paragraph (c) of this article, when his conviction in violation mentioned.
Punishable by a fine of not less than five hundred thousand and not more than five million Syrian pounds, both operated the general manager or employee of the Commission, contrary to the provisions of the work outside the body for the benefit of others, contained in Article 14 of this Law, knowingly.
Breach of the confidentiality obligations
Be punished by imprisonment of one to six months, and a fine of not less than two hundred thousand and not exceeding one million Syrian pounds, anyone found violating the provisions of the duty of confidentiality with respect to any another Licensee, contained in paragraph (a) of Article 27 of this Law.
Be punished by imprisonment of one to six months, and a fine not less than fifty thousand nor more than five hundred thousand Syrian pounds, anyone found violating the provisions of confidentiality and duty towards subscribers, contained in paragraph (b) of Article 27 of this Law.
And apply the same penalty contained in paragraph (a) of this article to anyone who, contrary to the duties of his job or his work, to disclose any information obtained, if it led to damage to any licensed in accordance with the provisions of this law.
Establishment of telecommunications networks or provide telecommunications services without a license
Be punished by imprisonment of six months to three years and fined not less than five hundred thousand and not more than five million Syrian pounds, anyone who without obtaining a license from the Commission in accordance with the provisions of this law, one of the following acts:
Create or public network connections or provide telecommunications services to the public by the run.
Create infrastructure for network connections.
Establishment or termination of international communications in Syria.
Be punished by imprisonment of one to six months, and a fine of not less than two hundred thousand and not exceeding one million Syrian pounds, each of the connecting equipment to unauthorized communications network without permission.
Court and spend their own confiscated all equipment and Kabal and wires that were used in the commission of such acts, while retaining the rights of others well-intentioned. The Court shall determine how to act Balmassadarat.
Sabotage networks or communications equipment
Be punished by imprisonment of two to five years and a fine of not less than two hundred thousand and not exceeding one million Syrian pounds, all of the demolished or damaged intentionally anything from buildings or custom installations of telecommunication networks or basic structure, or has made modifications to the components or a Kabal associated, as all of them or some of them unusable in any way. And it governs the maximum penalty in the case of willful act.
In the event of an act of demolition or destruction he referred to in paragraph (a) of this article on public funds, strengthened himself the penalty to a temporary hard labor and a fine of not less than five hundred thousand and not more than five million Syrian pounds.
If the occurrence of the acts referred to in paragraph (a) of this article as a result of negligence or lack of precaution, the penalty shall be a fine of not less than ten thousand and not more than a hundred thousand Syrian pounds.
Be punished by imprisonment of one to six months, and a fine of not less than ten thousand and not more than a hundred thousand Syrian pounds, all from the oldest to sabotage communication equipment intended to use to the public.
In all cases, the court shall, upon the request of the aggrieved, proper compensation for the damage.
Misuse of radio frequency
Be punished by imprisonment of six months to three years and a fine of not less than two hundred thousand and not exceeding one million Syrian pounds:
1- anyone who intentionally uses radio frequencies without authorization.
2- Any person who, without obtaining the approval of the Authority, to waive the license is issued to him by using the frequency or range of frequencies. In addition, the revocation of the license.
Be punished by imprisonment of six months to three years and fined not less than five hundred thousand and not more than five million Syrian pounds, anyone who intentionally take any action to intercept reserved for non-radio frequencies or jamming them or cut down.
Punishable by a fine of not less than fifty thousand nor more than five hundred thousand Syrian pounds, both refrained from radio spectrum users to provide complete data for radio spectrum allocations used by the body, and after specified in paragraph deadline (b) Article 35 of this law.
Abuse provision of telecommunications services
Be punished by imprisonment from three months to two years and fined not less than fifty thousand nor more than five hundred thousand Syrian pounds, each of:
1- oldest intentionally to spread a rumor or content of any communication by a public network connections or privacy, may be seen by virtue of his job.
2- oldest slows down or mute the content of any communication is the duty transported by communications networks, or tapping it, or tamper with it.
3- or the shares of providing telecommunications services violates the content of public order or public morality, while reserving the right to cancel the licensing body.
In all cases, the court shall, upon the request of the aggrieved, proper compensation for the damage.
Use fraudulent means
Be punished by imprisonment from three months to two years and fined not less than fifty thousand nor more than five hundred thousand Syrian pounds, both won or helped to get the service of telecommunications services by fraudulent means, with his knowledge, intent to evade the payment of wages owed .
Import, manufacture and possession of unlicensed equipment
Be punished by imprisonment of six months to three years and a fine of not less than two hundred thousand and not exceeding one million Syrian pounds, anyone who without authorization from the competent authorities any connections manufactures equipment for the purpose of marketing at home.
Punishable by a fine of not less than ten thousand and not more than a hundred thousand Syrian pounds, anyone who without authorization from the competent authorities of possessing or install or run any radio communication equipment. This penalty does not apply in the case of radio equipment that the Authority issue a public statement to use or installed or operated.
Applied anti-smuggling laws in force if it is proved that the smuggling of equipment referred to in paragraph (b) of this article or possession was the purpose of trafficking.
And control the court in all cases, the confiscation of equipment and components subject of the crime.
Responsibility of the legal person
Legal person is criminally responsible for the acts of any member of the board of directors or a director or officer or representative or agent that has, when this business comes as the legal person mentioned, or one of its means, according to the provisions of the penal code in force.
Taking into account the provisions of paragraph (g) of this article, is the licensee rule of every person he performed lawfully, on the enforcement of this law, to provide any service, subject to the provisions of services, or run a communications network, or by using the radio spectrum in the the country, and for a transitional period not exceeding one year, the Commission shall, at the start of its work, follow up the implementation of the obligations imposed on these people.
May be the period referred to in paragraph extend (a) of this article for another year by the Council of Ministers upon the reasoned proposal of the Board of Commissioners.
The person referred to in paragraph (a) of this article, when the desire to continue to engage in this activity, to apply for the appropriate license, according to the provisions of this Act, not later than four months after its introduction date.
Of the body, at the request of justification of the person referred to in paragraph (a) of this article, to extend the transitional period mentioned in paragraph (c) of this article for an additional maximum of six months, and for once, so if serious justifications Commission estimated contained in the application. It may not be after the expiration of the transition period to provide any services from telecommunications services or network connections or the use of radio spectrum by any person referred to in paragraph run (a) of this article without obtaining a license to do so in accordance with the provisions of this law.
Of the body, when required, modify the terms of the licenses in force at the entry into force of this law to ensure adherence to its provisions. It does not apply on this amendment provisions on the amendment and the abolition of the license Differentiated and stereotypical contained in the Act and the Regulations.
Is being forwarded all applications for licenses, which are under consideration on the entry into force of this Act, the Commission has established. Grant any licenses in this regard is not being unless it complies with the law, after the Commission initiated its functions in accordance with its terms.
Mobile communications contracts remain valid list, until the appropriate decision-making on reconciled according to the provisions of this Act, within a period not exceeding one year from the date of entry into force.
Temporary and exclusive rights for Syrian Telecom
Syrian Telecommunications Company granted a license from the Commission for a period of twenty years to provide telecommunications services that were PTC you provide on the issuance of this law, as well as other communications by the Authority in accordance with the requirements of the public interest services.
License granted to the company with a timeline to retain the exclusive right to provide certain telecommunications services (fixed-network and network services vertebrate, international ports, etc.) for a period not exceeding five years from the date of the founding of the company.
Of the body, after obtaining the approval of the Cabinet, to grant non-exclusive license to any other person to provide any of the services that the company has the exclusive right by providing, if the Commission finds the inability of the company to offer such services, according to its license, according to paragraph (a ) of this Article, after the company notified in writing six months before at least.
Temporary and exclusive rights of the General Authority for telecommunications service-
General Authority for telecommunications service-granted a license from the Commission for a period of fifteen years to provide telecommunications services for public entities to participate, according to the decree of its creation.
Validity of the Council of Ministers in the transitional phase
The Council of Ministers to take, in the transitional period following the issuance of this law and precedes into force, any decisions it deems appropriate to address the existing conditions and what may arise from new situations, in order to reconcile with the provisions of this Act and the Regulations.
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