GAZETTE OF ERITREAN
LAWS
PUBLISHED BY THE GOVERNMENT OF ERITREA
VOL. 8/1998 NO. 6 Asmara, August 17, 1998:
Price 4.00
LEGAL NOTICE NO. 43/1998
REGULATIONS ON TELECOMMUNICATIONS
NETWORKS AND SERVICES
LEGAL NOTICE NO. 43/1998
REGULATIONS ON TELECOMMUNICATIONS
NETWORKS AND SERVICES
Issuing Authority
These Regulations are issued by the Minister of Transport and
Communications pursuant to Article 8 of the Communications
Proclamation (Proclamation No 102/1998).
Part One
Introductory Provisions
1. Short Title
These Regulations may be cited as "the Regulations on
Telecommunications Networks and Services - Legal Notice No
43/1998".
2. Definitions
The terms defined in Article 2 of the Communications
Proclamation (Proclamation No. 102/1998) shall apply to the
provisions of theses Regulations, and in these Regulations,
unless the context otherwise requires:
(a) "co-location" means shared use of
property in the form of premises, masts, cable ducts
etc., that are used or will be used for siting
telecommunications equipment for use in
telecommunications activity;
(b) "interconnection" means exchange of
traffic between operators of public telecommunications
networks and services that is based on the physical and
logical linking of public telecommunications networks and
services to enable end-users, regardless of operators, to
communicate with any other end-user and to access public
telecommunications networks and services provided by
others;
(c) "leased lines" means a
telecommunications service consisting of transmission
that does not include user-controlled switching;
(d) "Proclamation" means the Communications
Proclamation (Proclamation No 102/1998);
(e) "public payphone" means a service
providing access to an operator's public telephony
service;
(f) "public telephony service" means a
public telecommunications service consisting of direct
conveyance and switching of real-time voice signals
across public switched networks (fixed or mobile
networks) enabling an end-user using fixed or mobile
terminal equipment to communicate with other end-users
via a network termination point;
(g) "relevant standards" means national
standards or specifications established or approved by
the Department, or international standards or
recommendations established by the ITU (International
Telecommunications Union), ISO (International
Organisation for Standardization) or IEC (International
Electrotechnical Commission); and
(h) "special net work access" means access
to other net work termination points and on other terms
than the standardized offers usually made.
3. Scope
These Regulations shall apply to:
(a) public telecommunications networks;
(b) public telecommunications services, including leased
lines;
(c) private telecommunications networks; and
(d) private telecommunications services.
4. Obligation to Obtain Permit
(1) A person desiring:
(a) to establish and/or operate a public
telecommunications network; and/or
(b) to provide a public telecommunications service
including leased line;
must obtain an operators permit.
(2) The Department may specify which information the
applicant must provide, including a standardized form to
be used for the applications. If required by control
considerations or important statistical purposes, the
Department may make changes in regard to the information
required.
(3) Changes in information given by the applicant
shall be notified to the Department as soon as possible.
5. Exclusive Rights Activities
(1) Exclusive rights activities shall encompass:
(a) the establishment and operation of public
telecommunications networks;
(b) the provision of domestic and international
public telephony services, excluding public cellular
radio land mobile telephone services; and
(c) the provision of leased lines.
The activities specified in this Article do not include the
activities specified in Articles 6 and 7 hereof.
(2) Exclusive rights activities may only be offered by
a person holding a permit pursuant to Article l2 of the
Proclamation.
6. Limited Competition Activities
(1) Limited competition activities shall encompass:
(a) the provision of public data transmission
services, including electronic mail and internet;
(b) the provision of public cellular radio land
mobile telephone services;
(c) the provision of paging services; and
(d) the provision of global mobile satellite
personal communications (GMSPC).
The activities specified in this Article do not
include the activities specified in Article 7 hereof.
(2) Limited competition activities may only be offered
by persons holding a permit pursuant to Article 12 of the
Proclamation.
(3) A person providing the services specified under
this Article shall be entitled to establish and operate
his own telecommunication network for this purpose and/or
utilize lines leased from the operator of the exclusive
rights activities.
7. Open Competition Activities
(1) Open competition activities shall encompass:
(a) the provision of value added services, which
for the purposes these Regulations are defined as
telecommunications services other than the services
stipulated under Articles 5 and 6 hereof Value
added services may only be provided by persons
holding a permit pursuant to Article 12 of the
Proclamation;
(b) the importation, manufacture, sale, lease or
installation of telecommunications equipment,
including wiring inside users premises from a network
termination point to the users' terminal
telecommunications equipment, as provided in Article
23 of the Proclamation. Such activities may only be
offered persons holding a permit pursuant to Article
23 of the Proclamation;
(c) the provision of public payphone services. A
permit pursuant to Article 12 of the Proclamation is
not required if the person who provides such services
(i) does not have more than three payphone units
(fixed or mobile telephone terminals), or (ii)
provides the payphone service in connection with and
on the premises of his hotel, restaurant, bar or
retail business activities. In all other instances
such services may only be provided by persons holding
a permit pursuant to Article 12 of the Proclamation;
(d) internal telecommunications networks for own
use as specified in Article 18 of the Proclamation.
The services of an installer holding a permit
pursuant to Article 23 of the Proclamation shall be
used in order to ensure that relevant standards are
complied with;
(e) telephony and data transmission services for
own use, serving a corporate network or a closed user
group, and connected to the public telecommunications
network. The services of an installer holding a
permit pursuant to Article 23 of the Proclamation
shall be used in order to ensure that relevant
standards are complied with; and
(f) private telecommunications networks as
specified in Article 19 of the Proclamation.
(2) A person providing the services specified in items (a),
(d), (e) and (f) of this sub-Article shall be entitled to
establish his own telecommunications network for this purpose
and/or utilize lines leased from the operator of the exclusive
rights activities.
Part Two
Obligations Applicable to All Operators
8. Information Requirements
(1) Operators of public telecommunications networks
and services shall each year inform the Department of the
following:
(i) changes in the information given in the
application; and
(ii) the geographical market in which the
operators operate and the product market in question,
including:
For telecommunications services:
(a) number of users;
(b) traffic volume; and
(c) trading conditions;
For leased lines:
(a) number of lines per category of leased
lines;
(b) capacity (bits/s); and
(c) trading conditions;
For interconnection:
(a) traffic volume; and
(b) trading conditions.
(2) The Department may further elaborate the scope of
the information requirement and set a deadline for annual
reporting. If required by control considerations or
important statistical purposes, the Department may make
changes in the information requirement.
9. Quality Requirements
(1) The Department may make requirements as to the
quality of publics telecommunications networks and
services.
(2) Operators of public telecommunications networks
and services shall take steps to define and control the
quality of networks and services, which shall include
examining:
(a) technical quality (noise, brief
interruptions/breaks, capacity, accessibility etc.);
(b) delivery time and punctuality;
(c) frequency and duration of faults and
breaks/interruptions of service; and
(d) time taken to restore service after discovery
of a fault.
(3) The Department may establish further guidelines
for methods of registration and for reporting information
on quality and may require access to the results of
executed registrations and calculations.
(4) Operators shall annually publish the result of the
investigations, together with a description of methods
applied. Responsibility for laying down further rules in
regard to publication rests with the Department.
10. Terms of Delivery
(1) Operators of public telecommunications networks
and services shall prepare and make publicly available
delivery terms governing access to such networks and
delivery of such services.
The terms of delivery shall include provisions
regarding:
(a) the deadline for connection and delivery
(after the agreement has been entered into);
(b) the quality of the telecommunications network
and telecommunications services, in particular
transmission quality and performance specifications;
(c) the price;
(d) the associated services;
(e) the coverage;
(f) the procedures in the event of non-payment;
(g) the method of metering usage of a telephony
service (charging method);
(h) maintenance;
(i) time allowance for fault rectification;
(j) liability for damages; and
(k) compensation and refund schemes.
(2) The Department may make exceptions from all or
parts of this Article if it decides that imposing such
requirements on an operator seems unreasonable.
Subscription contracts shall be based on the terms of
delivery.
11. Safeguarding Users' Telecommunications
(1) Operators of public telecommunications networks
and services shall implement measures to safeguard
networks and services against unlawful interception,
other unlawful access to information and unlawful
intervention in telecommunications networks. Such
measures shall also prevent anyone from being wrongfully
charged for other partie's use of public
telecommunications networks and telephony services.
(2) Operators of public telephony services are obliged
to prevent a user's call number ("A" number)
from being displayed at the of the called user
("B" user), if the "A" user has
reserved himself against this. The same obligation
applies in relation to users who have by agreement been
allocated and unlisted number.
12. Statutory Access to Information
Operators of public telecommunications networks and services
shall ensure that information about users and telecommunications
traffic required by law is provided.
13. Termination of Offers
(1) Offers of access to public telecommunications
networks and services shall be maintained for a
reasonable period. They may only be terminated after
affected users have been notified. Notification shall
contain reasons for termination and provide information
on alternative offers. Affected users shall be informed
as early as possible, and at least two months before it
is planned to terminate the offer.
(2) Affected users may refer questions of termination
of offers to the Department. The Department may order the
operators to maintain the offer until the complaint has
been decided.
14. Technical Regulations and Use of Standards
(1) Relevant technical regulations shall be complied
with upon connection of user equipment and upon
connection to public telecommunications networks and
services. If such regulations have not been established
in the area in question, relevant standards shall be
employed.
(2) The Department may impose the use of certain
standards if this is called for by essential requirements
pursuant to Article 25 (1) of the Proclamation
international obligations or other important social
considerations.
(3) Operators of public telecommunications networks
and services shall allow and facilitate the connection of
user equipment produced in accordance with the relevant
standards.
15. Information for Statistical Purposes
Operators of public telecommunications networks and services
shall store and surrender to the Department information on public
telecommunications networks and services for statistical
purposes.
The Department shall prescribe which information shall be
provided, including requirements as to what definitions,
calculation methods etc. shall be employed.
The Department may further prescribe the manner in which the
information shall be provided, and may in this connection, order
operators to prepare reports and statistics in electronic form.
Part Three
Delivery of Public Telephony Services
16. Numbering Plan
The Department may order an operator of public telephony
services to prepare a proposal for a public telephony numbering
plan covering the total Eritrea requirements for a specified
period. On approval by the Department, the plan shall form the
basis for the public telephony numbering system. The Department
must approve any changes of the plan.
17. Metering as the Basis for Issuing Bills
(1) Operators of public telephony services shall, as
far as possible, introduce a uniform metering system as
the basis for invoicing and shall when requested to do so
by the Department, provide evidence that the system
functions as intended.
(2) Changes in the system used to meter the duration
of telephone calls and in other elements of the basis for
invoicing users shall be reported to the Department.
Operators shall also report changes in the method of
price calculation based on such metering.
18. Directory Information
(1) Operators of public telephony services shall
provide directory information containing their users'
names, addresses and assigned telephone numbers. Public
payphones shall be listed with their address. Users shall
be entitled to check the information and request that any
errors be rectified.
(2) Where directory enquiry services and telephone
directories are offered to the public, names, addresses
and assigned telephone numbers shall be given on
non-discriminatory terms except where a user has reserved
himself against such information being made available to
the public (unlisted telephone number). Operators of
directory enquiry services and telephone directories
shall ensure that directory enquiry registers are kept
up-to-date and that information is not provided in
contravention of secrecy requirements. Access to
information about other operators' user shall be agreed
upon between the parties.
19. Emergency Services
(1) Operators of public telephony services shall,
provide access to and not require payment from users for
calls to the emergency call numbers of emergency services
(operated by the fire service police and public health
authorities) or to a special emergency call number for
text telephone users. The same applies to the transfer of
emergency calls between the emergency services and public
telecommunications networks and between the individual
public telecommunications networks. Emergency calls from
a public payphone shall not require the use of coins or
cards.
(2) Operators of public telephony services shall,
provided it is technically feasible without payment
enable telephone number and information necessary to
locate emergency calls (e.g. the user's name and address
or the caller's position) to accompany calls to the
emergency services, including calls from private
telecommunications networks. The same applies where the
use has by agreement been allocated an unlisted telephone
number.
20. Fault Repair Service
Operators of public telephony services shall establish a fault
repair service for their telephony services. Operators shall also
receive a pass on notifications of faults in other operators'
public telephony services. The Department may establish a
universal number for this purpose.
Part Four
Access to Public Telecommunications
Networks.
Delivery of Public Telephony Services and
Leased Lines
21. Objective, Transparent and Non-discriminatory
Terms and Conditions
(1) Access to public telecommunications networks,
delivery of public telephony services and delivery of
leased lines shall be offered to the public on objective,
transparent and non-discriminatory terms and conditions.
(2) Access to public telecommunications networks,
delivery of public telephony services and delivery of
leased lines shall be offered to other operators on equal
and non-discriminatory terms and conditions and with a
quality equal to that offered to the operator's own
undertaking.
22. Standard Contracts
(1) Operators of public telecommunications networks,
public telephony services and leased lines shall prepare
a standard contract on the basis of delivery terms and
conditions pursuant to Article 10 hereof for access to
public telecommunications networks, public telephony
services and leased lines.
(2) The standard contract shall be employed in
connection with each delivery, unless this has
unreasonable effect for the operators or users.
23. Security for Investments
Operators of public telecommunications networks, public
telephony services and leased lines may set requirements as to
security for investments they undertake in order to meet requests
for access to public telecommunications networks, delivery of
public telephony services and leased lines. Requirements as to
security shall be based on objective, transparent and
non-discriminatory criteria.
24. Publication of Offers
(1) Operators of public telecommunications networks,
public telephony services and leased lines shall prepare
and publish offers of access to public telecommunications
networks, of public telephony services and leased lines.
Such offers shall, in addition to delivery terms in
accordance with the provisions of Article 10 hereof and
standard contracts in accordance with the provisions of
Article 22 hereof, include all important information,
including:
(a) geographical supply area;
(b) any material constraints on the ability to
deliver;
(c) price elements and services covered by each
price element;
(d) discounts and discount criteria;
(e) price calculation methods for offers with no
fixed price;
(f) features of a technical and physical nature
including technical specifications of interfaces used
at network termination points, and standards
employed; and
(g) conditions for connecting telecommunications
equipment.
The Department may require changes to be made in an offer.
(2) Information on new offers shall be made public as
soon as possible, and no later than two months before the
offer is realised. Changes in existing offers shall be
notified to affected users and be made public no later
than two months before the change is given effect.
(3) Operators of public telecommunications networks,
public telephony services and leased lines shall
distribute and publish the information in a suitable
manner and make sure that it is readily available to the
public.
25. Delivery Terms for Leased Lines
(1) Terms for offers of leased lines shall in addition
to items mentioned in Article 24 hereof include:
(a) the procedure for placing an order for leased
lines;
(b) the contractual period, i.e. the period to
which the contract shall normally apply, and the
minimum contractual period which the user is obliged
to accept;
(c) the normal time allowance for delivery, i.e.,
the period from the order date to the point at which
95 per cent of lines for leased lines of the same
type have been connected; and
(d) the normal time allowance for fault repair
i.e., the period from notification of a fault to the
responsible unit of the operators to the point at
which 80 per cent of faults on lines for leased lines
of the same type are rectified and the users where
appropriate, notified thereof. If various categories
of fault repair are offered for the same type of
leased lines, the normal time allowance for fault
repair for the various categories shall be stated.
(2) The normal time allowance for delivery and fault
repair shall be calculated on the basis of statistics
prepared by operators of public telecommunications
networks. Such calculation must not include cases where
the user has requested late delivery or late fault
repair. Where new types of leased lines are concerned,
the expected time allowance for delivery and fault
rectification shall be published until such time as
statistics providing a basis for calculation of normal
time allowance for delivery and fault rectification
become available.
(3) Information as mentioned in this Article shall be
made publicly available.
26. Pricing
(1) Access to public telecommunications networks,
delivery of public telephony services and leased lines
shall be offered to the public at cost-oriented tariffs.
(2) Prices shall be set on an objective and
non-discriminatory basis, and be independent of the
purpose for which the user wishes to use a public
telecommunications network, public telephony services and
leased lines. Prices for offers of access to public
telecommunications networks, public telephony services
and leased lines, as well as services and functions
coming in addition to this, shall be sufficiently
unbundled, so that the user is not required to pay for
services, functions or outputs not strictly related to
the service requested.
(3) Prices for public telephony services shall
normally comprise an initial charge, a periodic
subscription charge which may vary with subscription
type, and a traffic charge which may vary with usage,
peak or off-peak hours, distance and subscription type.
(4) Prices for leased lines shall normally comprise an
initial connection charge and a periodic subscription
charge. If other price elements are used, it shall be
made clear how these are calculated. Charges for leased
lines shall include the functions supplied between the
network termination points where the user has access to
leased lines. When leased lines are supplied by more than
one operator, prices may be calculated for each
operator's share on a pro rata basis.
(5) Discounts may be given provided they reflect cost
savings for the telecommunications service concerned. The
criteria for discounts may include volume, contract
period as well as agreed future deliveries of such
telecommunications services.
27. Accounting
(1) Operators of public telecommunications networks,
public telephony services and leased lines shall
implement and maintain a cost accounting system as a
basis for checking that prices are in accordance with
Article 26 hereof.
(2) Accounts for access to public telecommunications
networks, for public telephony services and for leased
lines shall be kept separate from other business
activities. Interconnection, special network access and
co-location pursuant to Part Five hereof shall be
separated for accounting purposes.
(3) Costs in connection with establishment, operation
and maintenance, as well as marketing and invoicing of
public telecommunications networks, public telephony
services and leased lines shall be allocated to the
respective telecommunications networks and
telecommunications services, provided they may be defined
as direct costs.
(4) Shared costs, i.e., costs which can not be
assigned directly to a particular telecommunications
network or a particular telecommunications service, shall
be distributed as follows:
(a) on the basis of an analysis of how the costs
arose and if this is not possible;
(b) on the basis of comparison with another cost
category by employing comparable cost structures
where costs can be assigned directly, and if this is
not possible;
(c) on the basis of a general distribution
formula. This shall be calculated on the basis of the
relationship between all costs, which are directly
and indirectly assigned respectively to public
telecommunications networks, public telephony
services and leased lines on the one land, and other
telecommunications services on the other hand.
28. Control and Regulation of Pricing
(1) Operators of public telecommunications networks,
public telephony services and leased lines shall each
year provide the Department with information on and
documentation of the principles, assessments and data
underlying pricing and discount schemes.
(2) The Department may order the use of certain
accounting principles, including a method for calculating
and allocating costs. The separate accounts pursuant to
Article 27 hereof shall be audited by external auditors
and be made publicly available.
29. Registration and Reporting
(1) Operators of public telecommunications networks,
public telephony services and leased lines shall register
and store information on public telecommunications
networks, public telephony services and leased lines,
including:
(a) information on how delivery terms are met,
particularly in regard to delivery and fault
rectification times as well as the frequency of
various types of faults; and
(b) information on cases where restrictions have
been imposed on access to or use of public
telecommunications networks or public telephony
services, including a description of measures taken
and the grounds for them.
(2) The Department may make exceptions from the
registration requirement where the restrictions on access
to or use of public telecommunications networks, public
telephony services or leased lines are of minor
significance.
(3) The Department may order operators to prepare
reports and statistics on the basis of information
registered pursuant to the sub-Article (1) hereof. The
Department may order particular definitions, calculation
methods etc. to be employed and reports and statistics to
be prepared in electronic form.
Part Five
Interconnection, Special Network Access and
Co-location
30. Negotiation Requirements
Operators of public telecommunications services are entitled
to negotiate with operators engaged in exclusive rights
activities or limited competition activities on interconnection
The Department may, however, make exceptions from the negotiation
requirement, provided technical or financial alternatives to the
requested interconnection exist, or if it would be unreasonable
to comply with the request. The Department shall give grounds for
and publish such exceptions.
31. Agreement on Interconnection
(1) Operators engaged in exclusive rights activities
or limited competition activities shall comply with any
reasonable request to enter into or amend an agreement on
interconnection.
(2) Operators engaged in exclusive rights activities
or limited competition activities shall offer
interconnection at cost-oriented tariffs.
(3) Operators engaged in exclusive rights activities
or limited competition activities shall prepare and
publish reference interconnection offers. Such offers
shall, at minimum, contain offered standardized
interconnection services, prices, points, interfaces and
terms. Offers shall be adapted to market demand and be
regularly updated. The Department may, in special cases,
order changes to be made in such offers.
32. Agreement on Special Network Access
(1) An agreement on special network access shall be
entered into after negotiations between the parties.
(2) Operators engaged in exclusive rights activities
or limited competition activities shall comply with any
reasonable request from operators of public
telecommunications services for special network access.
If the parties fail to agree. Article 13 (2) of the
Proclamation shall apply.
33. Agreement on Co-location
Operators engaged in exclusive rights activities or limited
competition activities shall comply with any reasonable request
for co-location from other operators of public telecommunications
services. An agreement on co-location shall be entered into after
negotiations between the parties. If the parties fail to agree,
the provisions of Article 13 (2) of the Proclamation shall apply.
Part Six
Miscellaneous Provisions
34. Supervision
(1) The Department shall supervise compliance with
these Regulations.
(2) Operators of public telecommunications networks
and services shall facilitate the implementation of
supervision. This includes giving supervisory personnel
unimpeded access as well as procuring the information and
documentation needed to carry out supervision pursuant to
Article 41 of the Proclamations.
35. Internal Control and System Supervision
The Department may order operators of public
telecommunications networks and services to establish systematic
internal control of compliance with these Regulations.
Documentation showing that an internal control order has been
complied with shall be available. The Department shall undertake
inspection of such documentation.
36. Right to Lay Matters Before the Department
A user or other party with a legal interest may request the
Department to decide whether an operator of public
telecommunications networks and services has acted in
contravention of the provisions of these Regulations or decisions
rendered pursuant thereto.
The Department may:
(a) decide on the matter and impose one or more of the
sanctions under Article 48 of the Proclamation, pursuant
to Article 51 (1-2) of the Proclamation; or
(b) refer such disputes, or specified categories of
disputes, to an arbitration panel for decision, pursuant
to Article 51 (3) of the Proclamation.
37. Exemptions
The Department may in justified cases make an exemption with
regard to the provisions of these Regulations.
38. Repeal
Any provisions of any regulations, order, legal notice or
directive concerning matters provided for in these Regulations
are hereby repealed and replaced by these Regulations.
39. Effective Date
These Regulations shall enter into force on the date of their
publication in the Gazette of Eritrean Laws.
Done at Asmara, this 17th day of August, 1998
Saleh Kekia,
Minister of Transport and Communications.
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