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Regulatory Framework Regarding Designation of Markets and Dominance in Telecommunications Sector
1.1. Article Three of the Telecommunications Act stipulated the regulation of the telecommunications sector to ensure (the creation of favorable atmosphere to promote and encourage fair competition in all fields of telecommunications).1.2. Furthermore, Article Twenty-six of the Act stipulated “any operator dominating a certain telecommunications market or part of it, shall not undertake any activities or actions which are considered an abuse of his position. The Bylaws state the dominant operators' obligations and the rules by which a dominant operator's activity is considered an abuse”
1.3. In addition, the Bylaw of the Telecommunications Act stated that the tasks of the Communications and Information Technology Commission (CITC) include the following:
1.3.1. Issuing a decision classifying dominant service providers in the different telecommunications markets in the Kingdom of Saudi Arabia as per their shares in the market and any other factors.
1.3.2. Determining dominant service providers in the telecommunications market for interconnection.
1.3.3. Where CITC deems convenient, it shall regulate the prices of interconnection and right of access to services offered by dominant service providers in the telecommunications market.
1.3.4. Ensuring the publishing of interconnection reference offers by dominant service providers pursuant to the Bylaw and Interconnection Guidelines.
1.4. Furthermore, the Bylaw stipulated a number of regulatory requirements that CITC may impose on dominant service providers to limit dominance practices, including for example:
1.4.1. Preparing and publishing interconnection reference offers as per the Bylaw and the Interconnection Guidelines
1.4.2. Applying regulating interconnection fees requirements.
1.4.3. Publishing interconnection reference offers approved by CITC.
1.4.4. Publishing interconnection agreements approved by CITC
1.4.5. Submitting their requests to obtain CITC’s approval on all of their services tariffs in the markets where CITC deemed them to be dominant service providers.
1.4.6. Preparing and submitting studies related to the cost of their services.
1.4.7. Submitting a proposal for applying the method of determining the price caps of their services.
1.4.8. Applying the obligations stipulated in the terms of service document approved by CITC.
1.4.9. Applying the rules of issuing invoices as per what is stated in the Bylaw.
1.4.10. Applying the provisions and conditions of service quality as per what is stated in the Bylaw.
1.4.11. Applying the accounting separation.
Regulatory Framework for Designation of Markets and Dominance in the Telecom Sector.pdf
