CST Regulatory Framework

Council of Ministers Resolution No. 133 provides for the following:

• Transferring the duties relating to information technology to the Saudi Communications Commission and amending its name to be the “Communications and Information Technology Commission”.
• Amending the Statute of the Saudi Communications Commission in light of the amendment made to its name and adding the following information technology duties to the duties mentioned in the Statute:

1. 1

   Executing approved policies, plans, and programs to develop information technology, and setting the appropriate procedures therefor.

2. 2

   Proposing laws relating to information technology and amendments thereto, and seeking the approval of such laws and amendments by the competent agencies.

3. 3

   Proposing the conditions related to Universal Service and Universal Access.

4. 4

   Issuing necessary licenses in accordance with relevant laws and conditions.

5. 5

   Following all developments and updates in the field of information technology and benefitting therefrom.

6. 6

   Achieving a systematic expansion of information technology infrastructure in coordination with relevant government and private agencies.

7. 7

   Promoting investment and manufacturing in information technology services and developing the workforce thereof.

8. 8

   Setting the general plan for information technology upon coordination with relevant agencies in preparation for its approval.

9. 9

   Coordinating with government agencies on the measures necessary for e-government transformation.

10. 10

    Coordinating with government and private agencies on the measures necessary for e-commerce.

11. 11

    Coordinating with relevant agencies on the technology necessary for establishing databases at competent agencies.

12. 12

    Protecting the interests of the users of information technology services.

13. 13

    Monitoring and encouraging government efforts relating to information technology.

14. 14

    Holding conferences and symposia relating to information technology, and participating in relevant conferences and symposia within the Kingdom and abroad.

Council of Ministers Resolution No. 120 provides for the following:

• Amending Article 4(1) to read as follows:

“1. The Commission shall have a Board of Directors comprising the Minister, as chairman, and the following members:

1. a

   Governor of the Commission, Vice-Chairman.

2. b

   A representative from the Ministry of Communications and Information Technology.

3. c

   A representative from the Ministry of Finance.

4. d

   A representative from the Ministry of Commerce and Investment.

5. e

   A representative from King Abdulaziz City for Science and Technology.

6. f

   A representative from the Presidency of State Security.

7. g

   Three members representing the private sector nominated by the Minister and appointed pursuant to a decision by the Council of Ministers”.

Council of Ministers Resolution No. 253 provides for the following:

• Amending the name of the “Communications and Information Technology Commission” to be the “Communications, Space, and Technology Commission”.

Council of Ministers Resolution No. 430 provides for the following:

• Amending Article 1 as follows:

1. 1

   Deleting the definition of “Law”.

2. 2

   Adding the following definition: “Sectors relevant to the Commission: Communications, space, and technology, including digital content platforms”.

• Amending Article 3 to read as follows:

“The Commission shall undertake all tasks and functions related to the regulation and supervision of the sectors relevant to the Commission, including the following:

1. 1

   Propose national and sectoral policies; develop plans, policies, and programs relevant to the sectors relevant to the Commission; propose amendments thereto; implement approved plans, policies, and programs in accordance with its assigned tasks; and complete necessary procedures in this regard, provided that the Communications and Information Technology Law is implemented with regards to matters related to the communications and information technology sectors.

2. 2

   Regulate all matters related to the markets and technologies of the sectors relevant to the Commission, and relevant services, uses, and activities, and all matters related to operational safety aspects, and the governance of licensees and service providers as needed, to achieve the objectives of the regulations related to the Commission's jurisdiction.

3. 3

   Review the policies, plans, standards, and technical requirements proposed by the Saudi Space Agency which are necessary for the development of the civil space sector, and submit what it deems appropriate for completion of statutory procedures.

4. 4

   Issue licenses and permits, and register entities and individuals related to the sectors relevant to the Commission, in accordance with the relevant laws, regulations, and decisions.

5. 5

   Endeavor to protect the interests of users which are related to the services of the sectors relevant to the Commission and monitor the performance of licensees, registrants, and permit holders.

6. 6

   Enhance efforts aimed at developing work methods and establish performance measurement standards for various services in the sectors relevant to the Commission.

7. 7

   Develop the regulatory and technical requirements necessary for the development and implementation of the infrastructure of the sectors relevant to the Commission and the requirements for its operation, and seek to achieve the organized expansion of its basic infrastructure, and provide it to its users effectively and reliably, and encourage reliance on market forces in providing services in the sectors relevant to the Commission.

8. 8

   Approve, announce, promote, amend, and cancel tariffs for the services of the sectors relevant to the Commission, where applicable.

9. 9

   Encourage local and international investment in the sectors relevant to the Commission, and encourage participation therein, in coordination with the competent authorities, provided that the Communications and Information Technology Law is implemented with regards to matters related to the communications and information technology sectors.

10. 10

    Prepare and encourage research, development, and innovation in the sectors relevant to the Commission, in cooperation with relevant entities, and support and develop capabilities and skills and disseminate statistics in those sectors, provided that the Communications and Information Technology Law is implemented with regards to matters related to the communications and information technology sectors.

11. 11

    Establish specialized academies within the sectors relevant to the Commission, and complete the necessary procedures.

12. 12

    Issue the necessary regulations, rules, controls, regulatory frameworks, guides, resolutions, and instructions regarding the sectors relevant to the Commission, and the necessary controls for the protection of infrastructure, and ensure business continuity, and follow up on implementation and compliance.

13. 13

    Encourage efforts that enhance reliance on emerging digital technologies and digital transformation in the Kingdom, and promote and develop technology and innovation in the sectors relevant to the Commission, and maximize their utilization to support the adoption of modern and innovative business models, and develop emerging technologies, and coordinate in this regard with the relevant authorities.

14. 14

    Prepare the National Radio Spectrum Plan, in coordination with the relevant authorities, and submit it for approval in accordance with the statutory procedures.

15. 15

    Organize and distribute frequencies at the national level for various radio services; license frequencies for all users in the Kingdom; coordinate internationally to ensure the compatibility of frequencies with international regulations and rules; monitor the use of the radio spectrum; and address harmful radio interference.

16. 16

    Propose the fees for the use of frequencies and submit the same in accordance with the statutory procedures.

17. 17

    Develop the basis for the fees for services provided by the sectors relevant to the Commission in accordance with competition standards and relevant regulations.

18. 18

    Propose laws and regulations for the sectors relevant to the Commission, and submit them in accordance with the statutory procedures; draft regulations and rules for the communications and information technology sectors shall be submitted to the Ministry in accordance with the Communications and Information Technology Law.

19. 19

    Encourage, enhance, and protect fair competition in the sectors relevant to the Commission.

20. 20

    Develop standard and technical specifications for technologies and devices in the sectors relevant to the Commission; develop standard and professional tests for them; and coordinate with the relevant authorities in this regard.

21. 21

    Establish and manage national records for the sectors relevant to the Commission in accordance with the relevant regulations and rules.

22. 22

    Enhance and improve the reliability of the Internet infrastructure and services within the Kingdom.

23. 23

    Hold conferences and seminars related to the sectors relevant to the Commission, in accordance with the statutory procedures.

24. 24

    Represent the Kingdom in local, regional, and international bodies, conferences, and forums related to the sectors relevant to the Commission, in accordance with the statutory procedures; representation of the Kingdom in matters related to the communications and information technology sectors shall be in accordance with the Communications and Information Technology Law.

25. 25

    Coordinate with the relevant authorities regarding the technologies that must be adopted by the competent authorities.

26. 26

    Any other task or function assigned thereto in accordance with the relevant regulations and resolutions”.

• Amending Article 4 to read as follows:

“The Commission shall have a board of directors chaired by the Minister and comprising the following members:

1. a

   A representative from the Ministry of Finance.

2. b

   A representative from the Ministry of Investment.

3. c

   A representative from the Ministry.

4. d

   A representative from the Presidency of State Security.

5. e

   A representative from the General Commission of Civil Aviation.

6. f

   The Governor.

7. g

   Three members from the private sector nominated by the Minister; their appointment shall be pursuant to a decision by the Council of Ministers. The term of membership of each of them shall be three years, renewable once.

The rank of representatives of government agencies shall not be lower than Grade Excellent or its equivalent”.

• Amending Article 5 as follows:

1. 1

   Amending paragraph (b) to read as follows: “Determining the fees charged by the Commission for any work or service provided in accordance with the regulations related to its jurisdiction”.

2. 2

   Amending paragraph (c) to read as follows: “Approving the license requirements and classifications that fall within the Commission's jurisdiction”.

3. 3

   Deleting paragraph (i).

4. 4

   Adding the following text to the end of the Article: “In exercising its powers and jurisdiction, the Board may form standing or ad-hoc committees from its members or others, and entrust thereto such tasks and powers as it deems appropriate. Such committees may seek the assistance of whomever they deem appropriate to perform the tasks entrusted thereto. The formation decision of each committee shall specify its chairman, members, and functions. The Board may delegate some of its powers to its chairman or the governor or whomever it deems appropriate from its members or the Commission's employees, as dictated by public interest and the requirements of the Commission’s conduct of business”.

• Amending Article 8 as follows:

1. 1

   Adding paragraph (j) to read as follows: “Issuing the necessary decisions to implement the provisions of this Statute and the decisions issued by the Board in accordance with the powers vested therein”.

2. 2

   Adding paragraph (k) to read as follows: “Signing agreements, protocols, and contracts following the Board's approval, in accordance with the statutory procedures”.

3. 3

   Adding paragraph (l) to read as follows: “Contracting for implementing works, services, and the like, in accordance with the regulations and powers delegated to him by the Board”.

• Amending Article 10 to read as follows:

“The financial resources of the Commission shall consist of the following:

1. a

   Funds allocated to the Commission from the fees that the State receives from the licenses issued by the Commission.

2. b

   The fees that the Commission collects for the works and services it provides in accordance with this Statute.

3. c

   Proceeds from the fines imposed under the Communications and Information Technology Law.

4. d

   The fees that the Commission collects for allocating and managing numbering resources, radio spectrum resources, Saudi domain names, and technical identifiers.

5. e

   Any grants or subsidies provided by the State.

6. f

   Funds obtained from the utilization of its facilities, returns on the investment of its funds and assets, and the proceeds from their sale in accordance with the statutory procedures.

7. g

   Grants, gifts, aid, donations, bequests, and endowments accepted by the Board in accordance with the statutory procedures.

8. h

   Any other resources approved by the Board not inconsistent with the laws and instructions”.