Implementing Regulations of the Telecommunications and Information Technology Law.

Date

Rabi’ II 1444H — November 2022

1. Article 1
   1. 1

      The terms and phrases defined in Article 1 of the Telecommunications and Information Technology Law shall have the same meanings stipulated therein whenever used in these Regulations.

   2. 2

      The terms and phrases used herein shall have the meanings assigned thereto, unless the context requires otherwise.

      Governor

      Communications, Space and Technology Governor.

      Harmful wireless Interference

      The harmful impact of electromagnetic energy generated from any thermal emission, radiation, electrical induction, or transmission that causes harm to the use, effectiveness or operation of safety wireless communication devices, or to wireless communication systems or devices which are sensitive to radio waves.

      Reference Offer

      A document prepared by a dominant service provider setting out its required standard terms and conditions for interconnection or access with another service provider.

      Registrant

      A natural or legal person registering his information with CST and as decided thereby.

      Telecommunications Marketing

      Use of a telecommunications network to advertise and promote the use of a product or service, including automated messages and calls or outgoing calls made by a natural person.

      Universal Service Policy

      Policy approved by the Ministry to ensure the provision and development of universal service and universal access.

      Saudi Domain Names

      Any domain name that falls within Saudi top–level domains (called a domain for short).

      National Frequency Spectrum Register

      The register prepared by CST pursuant to Article 14 of the Law.

      Group Complaint

      A complaint submitted by a person in his capacity as an agent for a group of users, in accordance with the provisions of these Regulations.

      Price Tariff (Tariff)

      Fees imposed by a service provider for providing telecommunications and information technology services or its telecommunications facilities to a user, in terms of the benefits, terms and conditions associated therewith.

      Preferential Tariff

      A tariff that is allocated to agencies designated by CST and which is marked by rates and services distinct from its counterparts.

      General Class License Permit

      A service permit issued by CST entitling the provision of specified communication and information technology services under a general class license.

2. Article 2

   CST may request a service provider or any other person to provide – at its expense – any data, information or documents that CST deems necessary to enforce the provisions of the Law, Regulations or regulatory decisions, in accordance with the following:

   1. 1

      They are submitted within the period specified by CST unless a special provision in the Law or Regulations restricts that period.

   2. 2

      They are submitted using any form or means that CST deems appropriate.

   Any person required to make these submissions shall comply with CST’s request, and shall ensure the accuracy, correctness and quality of the information, data or documents prior to submission thereof.

3. Article 3

   CST may request a service provider to provide and link its online systems or terminal devices to locations, systems and devices specified by CST in the form and for the periods it has determined.

4. Article 4
   1. 1

      The regulatory decisions contained in the Law shall refer to the decisions issued by CST, including rules, provisions, requirements, conditions, procedures, controls, or standards issued by the Board or its designee; directive decisions or binding orders regarding a dispute, situation or incident, , to comply with or refrain from a particular activity; any regulatory decisions or policies; or any other regulatory framework issued by CST, including binding rules, to regulate a related issue.

   2. 2

      CST shall observe the objectives of the Law and its Implementing Regulations upon issuing regulatory decisions and exercising its regulatory and supervisory powers.

5. Article 5

   Without prejudice to the relevant laws and decisions, in cases where no special provision is made to designate a particular means of publication, the decisions issued by CST that require publication shall be deemed published in any of the following cases:

   1. 1

      Publication on CST's website; and/or

   2. 2

      Publication in the Official Gazette.

1. Article 6
   1. 1

      The Board shall classify licenses, registrations, and permits related to the telecommunications and information technology sector and set the terms and conditions for each class. The Board shall observe clarity and inclusiveness and shall take into account that the classification includes the following:

      1. a

         Designation of the telecommunications and information technology markets available for each classification in the sector;

      2. b

         Conditions and requirements for obtaining a license, registration, permit, or any other regulatory instruments.

   2. 2

      The Board may set an upper limit for the number of licenses, registrations or permits issued by CST in specific markets within the sector.

2. Article 7

   CST may reject an application for renewal of license, registration, permit, or any other regulatory instruments, or cancel, suspend or amend any thereof in the following cases:

   1. 1

      Breach any terms of the license, registration, permit or other regulatory instruments;

   2. 2

      Fail to pay licensing, registration, permit, or any other regulatory instruments fees, as provided for in the Law;

   3. 3

      Fail to practice the activity for a period of 12 months – or more – continuously or intermittently, without a justified reason to be accepted by CST;

   4. 4

      Carry out activities that endanger security, public interest, or public health;

   5. 5

      Release the license, registration, permit or other regulatory instruments, without CST’s approval.

3. Article 8
   1. 1

      CST shall, upon issuing its decision – according to Article 4 of these Regulations –, observe that said decision positively impact the telecommunications and information technology sector, without prejudice to the requirements of public interest and the regulation and supervision of the sector.

   2. 2

      Prior to issuing any decision according to Article 4 of these Regulations, a service provider shall be notified in writing of the draft decision to be made and the grounds thereof, and shall be given a period of not less than 15 days and not more than 30 days from the notification date to express the service provider’s views on such procedure.

   3. 3

      CST shall take the necessary measures to ensure service continuity when necessary.

4. Article 9
   1. 1

      Any license, registration, permit or other regulatory instruments shall be revoked with the expiry of its term, or pursuant to a decision of CST based on its statutory powers.

   2. 2

      As an exception to Paragraph (1) of this Article, no license, registration, permit or other regulatory instruments shall be deemed expired if the service provider applies for renewal, and the term of the license, registration, permit or other regulatory instruments expires without a response from CST, until a response is issued by CST providing for acceptance or rejection of said application for renewal.

   3. 3

      A service provider shall not continue to provide services, use a numbering resource or frequency spectrum, use or possess devices, or the like, which are subject of the license, registration, permit, or other regulatory instruments, and against which a cancellation decision has been issued, except with the approval of the Board, and for a specified period, and in cases so requiring.

5. Article 10

   If a licensee registrant or authorized person wishes to cancel, amend or suspend the license, registration, permit, or other regulatory instruments, he shall submit to CST a reasoned application including the following:

   1. 1

      Applicant's data;

   2. 2

      Permit, license or registration data;

   3. 3

      Number of its users and its revenues, if any;

   4. 4

      A proposed action plan to ensure service continuity, including the name of an alternative service provider, all necessary arrangements for transferring users, and the time required therefor;

   5. 5

      Acknowledgment signed by the Chief Executive Officer (CEO) or his designee, including that he made sufficient effort to ascertain the accuracy of the information provided to CST, and that it is not misleading.

   CST may, at its discretion, request additional information from an applicant, and may exempt him from all or some of the requirements referred to in this Article, considering the nature of the license, registration, permit or other regulatory instruments subject of the application. CST may not accept the application until the required information or documents are completed.

6. Article 11
   1. 1

      If a license, registration, permit or other regulatory instrument is not renewed, or is revoked, amended or suspended, CST shall, in coordination with the Ministry, take the necessary measures to ensure the continuity of providing essential service to users.

   2. 2

      If a licensee, registrant or authorized person wishing to cancel, amend or suspend its license fails to comply with the provisions of Paragraph (4) of Article 10 of these Regulations. CST may take the necessary measures in this regard, and it may facilitate the procedures for transferring users and assets to another service provider of its choice.

   3. 3

      CST may publish its decisions regarding the procedures it takes to ensure service continuity on its website, or any other electronic means it deems appropriate.

7. Article 12

   CST shall issue provisions to ensure continuity of service in cases of non-renewal, cancellation, amendment, or suspension of license, registration, permit or other regulatory instruments, including the following:

   1. 1

      Obligations of the relevant service provider, including the necessity to notify CST and provide it with the necessary detailed information;

   2. 2

      Procedures of the review process carried out by CST upon receiving the service provider’s notification;

   3. 3

      Procedures for issuing and publishing CST's decision regarding the measures it takes to ensure service continuity;

   4. 4

      Requirements and procedures to ensure the quality and continuity of the service provided to users of digital content platforms.

   In all cases, the obligations, requirements and procedures for ensuring service continuity shall be clear, fair and transparent.

8. Article 13
   1. 1

      A service provider shall apply for a non-objection certificate from CST upon making any substantial change in its senior management. This application shall be accompanied with the following:

      1. a

         Candidate’s identification information and personal details;

      2. b

         Candidate's curriculum vitae (CV), indicating the work carried out within the relevant activity in the sector;

      3. c

         All pertinent information and data that CST deems necessary.

   2. 2

      CST shall issue a document for the classification of senior management, which shall be subject to the provisions of Article 7 of the Law. The said document shall be regularly updated to meet the sector’s requirements and achieve public interest.

   3. 3

      CST may exempt any person or position that it deems eligible for this action from the non-objection procedure or from the registration requirements.

9. Article 14

   Without prejudice to the competition provisions stipulated in the Law, Regulations and other related laws, a service provider shall apply for CST’s approval before making any substantial change in its ownership. The following cases shall be deemed as a fundamental change in ownership:

   1. 1

      Amendment to any of the essential clauses in the memorandum of association or the articles of association;

   2. 2

      Any ownership-related amendment to the commercial register

   3. 3

      Any legal action resulting in another person owning a stake equal to 5% five percent or more of the licensee’s capital.

10. Article 15

    When a service provider wishes to assign to a third party his license, registration, permit, or any other regulatory instruments, the service provider shall apply to CST for approval of such assignment. This application shall include the following:

    1. 1

       Type of communications or information technology services the service provider is willing to assign;

    2. 2

       Assignee’s name, address, contact information, and identification documents;

    3. 3

       Details of the assignment agreement;

    4. 4

       a mechanism for addressing the obligations and rights arising from the license, registration, permit, or other regulatory instruments;

    5. 5

       Any other data or information required by CST.

    CST may, at its discretion, make exceptions to all these requirements or part thereof, depending on the nature of the activity or service in question.

11. Article 16
    1. 1

       CST shall issue its decision on the applications referred to in Articles 13, 14, and 15 of these Regulations within a period not exceeding 90 days from the date of completing the application. If CST fails to issue a decision prior to the lapse of the period referred to in this Article, its failure shall, as the case may be, be deemed an implicit decision of approval or non-objection.

    2. 2

       Pursuant to a decision issued thereby, CST designate the person or service provider to be subject to the provisions of Articles 13, 14, and 15 of these Regulations. CST may determine the necessary controls, procedures and criteria in this regard.

12. Article 17

    The register – set out in Article 9 of the Law – shall include the following data:

    1. 1

       Type and number of the license, registration, permit, or any other regulatory instruments;

    2. 2

       National address and contact information of the service provider;

    3. 3

       Any other data that CST deems important to record in the register.

1. Article 18

   CST shall, upon drafting the National Frequency Spectrum Plan, observe that this Plan comprises the following:

   1. 1

      The National Frequency Allocation Table;

   2. 2

      Local and international terms and conditions for the use of frequency bands;

   3. 3

      User categories;

   4. 4

      Future plans for the use of frequency spectrum, in line with technical developments and user needs of frequency spectrum in the Kingdom.

2. Article 19

   Subject to the provisions of the Law, Regulations and CST’s regulatory decisions, CST shall manage the Frequency Spectrum, as follows:

   1. 1

      Organize and distribute the use of frequency spectrum for various radio services;

   2. 2

      Allocate and issue licenses for the use of radio spectrum for civil and commercial uses;

   3. 3

      Allocate call signs for maritime services, Maritime Mobile Service Identity (MMSI), and amateur radio service, and register same at an international level, in accordance with the international procedures specified by the International Telecommunication Union (ITU);

   4. 4

      Monitor the use of frequency spectrum, ensure that its uses are compliant with the National Frequency Spectrum Plan, related allocations and assignments, and any applicable international conventions, associations, protocols and standards, and ensure that it is used in accordance with the terms of the frequency spectrum license. CST may take any measures to enforce and ensure compliance by licensees, address harmful wireless interference locally and internationally, and take all necessary actions in this regard;

   5. 5

      Measure electromagnetic radiation, identify levels of exposure to the electromagnetic fields of the non-ionizing frequency spectrum, and define compliance standards and requirements in accordance with international standards, to ensure that electromagnetic radiation does not affect human health and the environment, as well as any restrictions in this regard;

   6. 6

      Register the uses of the frequency spectrum in the Kingdom in ITU’s records, and adapt its use as per the international procedures specified by ITU; and

   7. 7

      Set the requirements, methods, procedures and conditions for licensing the use of frequency spectrum for various radio services.

3. Article 20

   When CST takes any action in implementing the provision of Article 13 of the Law, it shall inform the user or the service provider of the frequency bands to be vacated or modified.

4. Article 21

   CST shall coordinate with spectrum users and relevant agencies inside and outside the Kingdom and may, for this purpose, carry out the following:

   1. 1

      Coordinate frequency spectrum uses with other countries to protect the frequency allocations of the Kingdom following the applicable legal procedure in this regard;

   2. 2

      Coordinate any matters related to radio space communication services and frequency spectrum associated with the Kingdom with the affected countries, and register orbital sites and the frequency spectrum allocated thereto, in accordance with the applicable legal procedure in this regard.

5. Article 22

   CST shall periodically review the National Frequency Spectrum Register and may, at its discretion, request any additional information or documents from the agencies using the frequency spectrum for the purpose of updating register data.

6. Article 23

   Agencies shall provide the data required by CST and update their data regularly, provided that CST publishes on its website the mechanisms and procedures used to manage the National Frequency Spectrum Register.

7. Article 24

   CST shall manage the frequency spectrum for the various radio services in accordance with the following objectives:

   1. 1

      Enhance sharing of spectrum usage;

   2. 2

      Achieve efficiency in using the frequency spectrum;

   3. 3

      Encourage innovation in using radio spectrum;

   4. 4

      Encourage competition in different markets;

   5. 5

      Stimulate emerging radio technologies;

   6. 6

      Provide frequencies free from harmful radio interference to the various users in the Kingdom;

   7. 7

      Improve the quality of services and adopt the latest technologies in the Kingdom.

8. Article 25

   Subject to the provision of Article 5 of the Law, CST may require obtaining a license for the following actions:

   1. 1

      Use any frequency spectrum resource, including, but not limited to, marine, air and search and rescue services; and

   2. 2

      Install, operate or possess wireless devices.

9. Article 26

   The cases where CST may reject, cancel, suspend or amend any application for renewal of frequency use license shall comprise the following:

   1. 1

      Failure to pay the fees for licensing frequency use, or any other fees payable pursuant to the provisions of the Law;

   2. 2

      Licensee’s use of frequency spectrum in activities jeopardizing security, public interest, or public health;

   3. 3

      Licensee’s assignment of the spectrum use license without CST’s approval; and

   4. 4

      Non-compliance with the frequency spectrum regulations issued by CST.

1. Article 27
   1. 1

      CST shall classify a service provider as a dominant service provider for the purposes of interconnection or access to one or more telecommunications or information technology markets, as per the following:

      1. a

         If the definition and concept of the dominant service provider set out in Paragraph (2) of Article 15 of the Law applies to a service provider;

      2. b

         If a service provider has agreed with another service provider to make them enjoy a position equal to that of the dominant service provider referred to in Paragraph (2) of Article 15 of the Law.

   2. 2

      CST shall regulate the means and mechanisms for developing and updating all matters related to interconnection and access in the Kingdom appropriately and effectively for telecommunications networks between service providers, taking into consideration the following:

      1. a

         Supporting service providers at the negotiation stage, and finding quick, technically and commercially feasible solutions that facilitate such negotiations;

      2. b

         Ensure that the dominant service providers publish reference offers for interconnection and access, in accordance with the regulatory decisions issued by CST.

2. Article 28

   Each dominant service provider in an interconnection or access market shall guarantee to service providers – inside and outside the Kingdom – the following:

   1. 1

      Applying identical conditions and non-discriminatory prices for interconnection or access when interconnection circumstances are similar;

   2. 2

      Providing interconnection or access with the same terms and quality of service as those applicable to his services or affiliates;

   3. 3

      Providing all the necessary information and specifications required by the service provider for the purpose of interconnection or access;

   4. 4

      Restricting the use of the information he receives from the service provider to the purposes of interconnection or access only, and avoiding disclosure thereof to departments, persons or affiliates for whom said information may provide a competitive edge.

3. Article 29
   1. 1

      When a service provider receives a written request to enter into an interconnection or access agreement with another service provider inside or outside the Kingdom, the service provider shall conduct good faith negotiations to reach an agreement, in accordance with the provisions of the Law and Regulations and the decisions issued by CST in this regard.

   2. 2

      The service provider shall avoid actions that obstruct an interconnection or access agreement, which include, but are not limited to, any of the following:

      1. a

         Delaying negotiations for a long time on purpose, or delaying resolution of disputes, if any;

      2. b

         Refusing to provide necessary information on his devices or communications facilities that are required for interconnection or access arrangements;

      3. c

         Using means that include coercion, deception, or misleading, to obtain approval or better privileges;

      4. d

         Signing a non-disclosure agreement that causes a party to refrain from providing any information requested by CST, which does not fall within the information classified by CST as confidential.

4. Article 30
   1. 1

      When signing an interconnection or access agreement, a service provider shall abide by and observe CST’s rules, principles and procedures pursuant to Article 35 of these Regulations.

   2. 2

      A service provider shall provide CST with an approved copy of the interconnection or access agreement or its equivalent within 10 days of its signing, provided that the agreement or its equivalent includes the terms, conditions and details of the interconnection or access fees; the service provider may exclude clauses that contain confidential information, as per CST's classification.

5. Article 31

   A dominant service provider shall provide interconnection or access if so requested by a service provider, given that the interconnection is compliant with the reference offers for interconnection or access approved by CST.

6. Article 32

   As an exception to the provision of Article 30 of these Regulations, a service provider shall not enter into an interconnection or access agreement if no commercial or technical feasibility is established, unless CST decides otherwise.

7. Article 33
   1. 1

      A service provider shall be neutral and objective in processing interconnection or access requests.

   2. 2

      A dominant service provider shall submit to CST – at any time designated thereby – data and reports on interconnection and access arrangements, following the instructions or rules issued by CST in this respect.

8. Article 34

   A service provider may, upon failure to reach an agreement with another service provider pertaining to interconnection and access, submit a request to CST to resolve the dispute, in accordance with the provisions of Chapter VIII of these Regulations.

9. Article 35

   CST shall issue interconnection and access rules and controls, comprising the following:

   1. 1

      General principles of interconnection or access, and obligations related thereto;

   2. 2

      Mechanism for preparing interconnection or access reference offers;

   3. 3

      Technical aspects and operations of interconnection or access;

   4. 4

      A management of interconnection or access;

   5. 5

      Pricing principles for interconnection or access;

   6. 6

      Classification of contractual information or clauses that are deemed confidential.

10. Article 36
    1. 1

       If CST decides that an interconnection or access agreement is not in conformity with the Law, Regulations, or decisions issued by CST, or is not compliant with the license of one of the parties to the agreement, CST shall notify the parties to the agreement of same within the period specified in the interconnection and access rules and controls.

    2. 2

       The notice set out in Paragraph (1) of this Article shall include the grounds of CST’s decision, and shall require the parties to amend or cancel the agreement within the period specified in the interconnection and access rules and controls.

1. Article 37

   In implementation of the provisions of Article 18 of the Law, CST shall ensure that all facilities-based service providers have access to public and private real estate, intending to provide communications or information technology services in accordance with legal procedures and CST’s decisions, taking into account public interest and the best way to utilize available resources.

2. Article 38

   Any person having the right to dispose of real estate under any legitimate or legal reason shall have the same capacity as that of the real estate owner referred to in Articles 17 and 18 of the Law, provided that he is authenticated by the competent authority, as the case may be.

3. Article 39

   Under no circumstances shall a facilities-based service provider enters public or private real estate except pursuant to the following conditions:

   1. 1

      The facilities-based service provider shall have written permission or agreement with the real estate owner or the like, authorizing him to enter the real estate for constructing, installing or maintaining infrastructure devices.

   2. 2

      The service provider shall enter the real estate only as required, and for the purpose of constructing, installing or maintaining infrastructure devices.

4. Article 40
   1. 1

      A facilities-based service provider may agree with a relevant government agency when he needs to enter or use public real estate to install any device or establish or maintain telecommunications networks to provide telecommunications or information technology services to the public.

   2. 2

      A facilities-based service provider shall not construct or install infrastructure devices on or below roads or any public real estate unless after obtaining approval from the relevant government agency.

   3. 3

      When a facilities-based service provider fails to reach an agreement with the relevant government agency, he shall be entitled to apply to CST for assistance to obtain the necessary approval from the relevant government agency. CST shall coordinate between the service provider and the government agency to find a mutually acceptable solution.

5. Article 41
   1. 1

      A facilities-based service provider may agree with a real estate owner or the like when he needs private real estate or part thereof to install any devices or establish or maintain telecommunications networks for providing telecommunications or information technology services to the public.

   2. 2

      If a facilities-based service provider fails to reach an agreement with a private real estate owner or the like, he shall be entitled to apply to CST for expropriation of that real estate under the relevant statutory provisions; he shall submit the following with his application:

      1. a

         Information about the real estate, such as its type, location, and the like;

      2. b

         Information of the real estate owner or the like, including proof of real estate ownership or power to dispose thereof;

      3. c

         A report on the preceding negotiations between the facilities-based service provider and the real estate owner or the like.

      4. d

         Reasons driving the service provider to select that particular real estate to construct or install infrastructure devices.

   3. 3

      CST shall consider the application in coordination with the facilities-based service provider and the private real estate owner, or the like, and shall seek an acceptable solution for both. Failing that, CST may – at its discretion – take the necessary measures to expropriate the real estate, in accordance with the relevant laws.

6. Article 42

   A facilities-based service provider shall provide CST with the details of the agreement he has concluded pursuant to Articles 40 and 41of these Regulations, including the following:

   1. 1

      A specified area of the real estate to be used for construction or installation of infrastructure devices, whenever applicable;

   2. 2

      Period of time required to use the real estate; and

   3. 3

      The fees for using the real estate.

   CST may publish guiding forms for the agreement between a real estate owner and a facilities-based service provider on its website.

7. Article 43

   The statutory and reasonable grounds for preventing a facilities-based service provider from entering a real estate, as set forth in Paragraph (2) of Article 18 of the Law, shall include the following:

   1. 1

      If by entering that real estate, the facilities-based service provider can cause expected health damage to any person residing therein;

   2. 2

      If by entering that real estate, the facilities-based service provider can cause severe damage thereto; and

   3. 3

      Any other reasons that CST deems reasonable.

8. Article 44

   A facilities-based service provider shall, upon installing any devices, or establishing or maintaining telecommunications networks inside a real estate, comply with the following:

   1. 1

      Avoid any negative impact on public telecommunications networks;

   2. 2

      Abide by the instructions issued by CST regarding sharing sites, technical requirements for infrastructure, telecommunications and information technology services, and related instructions regarding sites of particular importance such as environmental or historical places, and the like.

   3. 3

      Bear any additional costs necessary to preserve public or private real properties or make protection arrangements therefor;

   4. 4

      Implement and install telecommunications networks in accordance with the engineering tracks and dimensions designated for telecommunications and information technology service facilities, in such a way as to achieve optimal utilization and preservation of the limited resources of telecommunications infrastructure facilities;

   5. 5

      Take all necessary preventive measures to secure the infrastructure elements from theft and vandalism and respond to the instructions of the relevant agencies;

   6. 6

      Adhere to the instructions and requirements issued by the relevant agencies regarding maintaining public cleanliness and protecting the environment, preventing manifestations of visual pollution, and reducing noise, as well as ensuring the safety of electrical installations of the telecommunications infrastructure, and the availability of the necessary means for fire prevention and protection;

   7. 7

      Provide a permanent source of electric current for the telecommunications infrastructure facilities, in accordance with the instructions of the relevant agencies;

   8. 8

      Respond rapidly to requests from government agencies regarding infrastructure projects, including requests for removal of infrastructure elements; and

   9. 9

      Keep accurate and detailed infrastructure and devices records, as CST prescribes.

9. Article 45
   1. 1

      A facilities-based service provider shall, upon intending to share an installation location with another facilities-based service provider , submit a request to that other service provider, indicating the extent of the need for co-location. If no agreement is reached within 30 days, then either or both may submit a request to CST for a resolution. CST shall be entitled to decide on the matter if either party is not satisfied with the said resolution, and its decision in this regard shall be binding.

   2. 2

      In addition to the terms and conditions stated in this Chapter, the terms of co-location shall be subject to the provisions of Chapter IV of these Regulations.

10. Article 46

    A facilities-based service provider shall maintain the confidentiality of critical infrastructure data. The disclosure thereof or access thereto shall endanger the security, public interest, or stability of the telecommunications and information technology sector. CST may issue particular rules for this issue.

1. Article 47

   CST shall, in accordance with the provisions of Chapter VI of the Law, carry out the necessary actions to regulate and protect competition between service providers in the telecommunications and information technology markets in the Kingdom, including the following:

   1. 1

      Encourage continuous effective competition for the benefit of users;

   2. 2

      Set clear and transparent rules to reduce barriers restricting opportunities to access the telecommunications and information technology market in the Kingdom;

   3. 3

      Classify dominant service providers in the various markets in the Kingdom, pursuant to the factors stipulated in Article 48 of these Regulations;

   4. 4

      Monitor dominant service providers, and prevent their abuse of their dominant position in the market;

   5. 5

      Prevent any practices that would limit competition; and

   6. 6

      Review complaints and resolve disputes related to anti-competitive practices.

2. Article 48

   A service provider shall, prior to conducting any merger with another service provider – or more – inside or outside the Kingdom, apply to CST for Board approval, and shall submit the following with his application:

   1. 1

      Information of the other service provider(s), including certified copies of legal documents;

   2. 2

      Information of natural or legal persons to whom 5%five percent of the ownership of the other service provider(s) devolves directly or indirectly, whether alone or jointly with third parties;

   3. 3

      A comprehensive report on the merger, including purpose, terms and conditions, and all other details of the transaction;

   4. 4

      Financial statements of the parties to the merger for the last three years preceding submission of the merger application, accompanied by a report summarizing the financial information and annual returns from the telecommunications or information technology markets, and the value of the assets allocated therefor.

   The Board may request any information, data or documents that it deems necessary to take its decision in this regard.

3. Article 49

   A service provider or a natural or legal person shall apply to CST to obtain Board approval in the event that he intends to buy or acquire shares or stakes in another service provider in the Kingdom equal to 5%five percent – or more – or if such transaction makes said buyer or acquirer an owner of 5% five percent or more of the service provider, or requires any legal action resulting in a dominant service provider status in a relevant telecommunications market. Then, the service provider shall submit the following with his application:

   1. 1

      His information and copies of his legal documents;

   2. 2

      If the buyer is a legal person, he shall provide details of the natural persons whose direct or indirect ownership in that person exceeds 5% or more, whether alone or jointly with third parties.

   3. 3

      A comprehensive report on the transaction, including purpose, terms and conditions thereof, and all other details of the transaction; and

   4. 4

      Financial statements of the applicant, if he is a legal person, for the last three years preceding submission of the application, accompanied by a report summarizing the financial information and annual returns from the telecommunications or information technology markets, and the value of the assets allocated therefor.

   The Board may request any information, data or documents that it deems necessary to take its decision in this regard.

4. Article 50

   The Board shall issue its decision on the applications set out in Articles 45 and 46 of these Regulations within 90 days from the date of completion of the application; said decision shall provide for one of the following:

   1. 1

      Unconditional approval of the application;

   2. 2

      Conditional approval thereof;

   3. 3

      Rejection of application; or

   4. 4

      Extension of study period of application.

5. Article 51
   1. 1

      CST shall – prior to issuing or amending its decision to classify a service provider as a dominant service provider in a specific market, or amending the percentage stipulated in Article 15 of the Law – take into account whether the service provider, alone or jointly with other service providers, owns an economic position that enables him to act independently from competitors or users. It shall also take into account, as a minimum, the following:

      1. a

         To what extent the service provider has exclusive or predominant control over basic service provision facilities or telecommunications or information technology facilities providing him with access to users;

      2. b

         Total revenues of a telecommunications or information technology market identified as a dominant service provider in that market, unless CST decides otherwise;

      3. c

         Nature and size of barriers to market access;

      4. d

         Service provider's market share;

      5. e

         Number and market shares of other service providers;

      6. f

         Service provider’s pricing behavior and his ability to take the lead in determining same; and

      7. g

         Ability to provide an acceptable alternative service.

      In all cases, CST shall, prior to issuing a decision designating a service provider as a dominant one, take public consultation and the concerned service provider.

   2. 2

      Decisions defining dominant service providers shall include a designation and description of their respective markets.

   3. 3

      CST shall publish an updated list of all dominant service providers, including their respective markets.

6. Article 52

   The following acts and practices shall constitute an abuse of a dominant position:

   1. 1

      Impose unfair buying or selling prices, or any other unfair commercial terms, whether directly or indirectly, including, but not limited to, selling at prices below average standard costs over the usual long-term, as decided by CST;

   2. 2

      Control services or markets or limit investment or technical development in a way that causes harm to users;

   3. 3

      Refuse to do business with certain service providers without an acceptable reason;

   4. 4

      Apply different conditions in identical transactions upon dealing with other service providers, putting them at a competitive disadvantage;

   5. 5

      Conclude a contract subject to the contracting party's acceptance of complementary obligations that, by nature or pursuant to trade usages, are irrelevant to the subject matter of the said contract;

   6. 6

      Obstruct or prevent the expansion or entry of a service provider into the telecommunications or information technology market;

   7. 7

      Instigate the acquisition of vital facilities or scarce resources, including the right to access, needed by another service provider for the operation of his services to prevent him from using such facilities or resources;

   8. 8

      Discriminate in granting right of access, interconnection, or any other services or facilities to other service providers or available resources, except for cases that can be objectively justified and accepted by CST;

   9. 9

      Adopt mutual financial support from one service to another competitive service, to influence or limit competition, except CST approves such support;

   10. 10

       Use price compression and reduce the profit margin available for another service provider in need of such products from the dominant service provider, either by increasing the wholesale prices of such services or by reducing their retail prices, or both.

   11. 11

       Demanding another service provider to refrain from selling specific services to another service provider;

   12. 12

       Adopt technical specifications for the telecommunications network or devices that prevent or obstruct mutual operation with a telecommunications network or devices of another service provider;

   13. 13

       Delay in providing a service provider with the technical or commercial information of the telecommunications network or devices of the dominant service provider, which is related to interconnection or access;

   14. 14

       Use the information that a dominant service provider has acquired from another service provider through interconnection or access to have advantage in competition with other service providers;

   15. 15

       Fail to provide a service provider with basic facilities available to a dominant service provider within a reasonable time period, and at acceptable and accessible terms, after the dominant service provider receives a request for same; and

   16. 16

       Any other behavior that may harm competition;

7. Article 53

   Other non-competitive practices:

   In accordance with the provision of Article 22 of the Law, no person shall engage in any practice that involves limiting or harming competition in any relevant telecommunications market or any part thereof, including the following:

   1. 1

      Arrangements between two or more service providers to, directly or indirectly, determine service fees or any other service terms and conditions in a relevant telecommunications market or part thereof;

   2. 2

      Arrangements between two – or more – service providers to, directly or indirectly, determine the person securing a contract or job opportunity in a relevant telecommunications market or part thereof, whether;

   3. 3

      Arrangements made between two – or more – service providers to divide shares or relevant telecommunications markets or part thereof amongst themselves or between other service providers;

   4. 4

      Any other practices that would make a service provider dominate a relevant telecommunications market or part thereof, or limit, prevent or reduce the effectiveness of competition.

8. Article 54

   If a service provider requests to use the facilities of a dominant service provider, the dominant service provider shall not perform any of the acts and practices stipulated in Article 52 of these Regulations.

9. Article 55

   If CST detects that any service provider has carried out any of the activities or procedures stated in Articles 52 and 53 of these Regulations, it may take one or more of the following actions:

   1. 1

      Issue a decision requiring that service provider to take any of the following actions:

      1. a

         Immediately stop the activities and acts specified in the decision, as well as adhere to the conditions stated therein, provided that these actions are carried out within the period stipulated in the decision.

      2. b

         Make specific changes in anti-competitive activities or procedures to remove or reduce the effect of abuse of dominance or restriction of competition.

      3. c

         Refer the service provider to the committee.

   2. 2

      If a service provider repeats anti-competitive activities or procedures or that he fails to comply with the decisions issued by CST regarding competition, CST may apply the provision of Paragraph (1) of Article 6 of the Law without prejudice to the provisions of Article 5 of these Regulations.

10. Article 56
    1. 1

       CST shall ensure clarity and transparency in its procedures, in accordance with the principles of equality and non-discrimination if a facilities-based service provider partakes in an auction to rent real estate for communication tower locations; the procedures for participation in the auction shall be subject to CST’s approval.

    2. 2

       The facilities-based service provider shall not establish or install Infrastructure devices on or below roads, or any public real estate, except after obtaining written approval from the government agency responsible for or operating the real estate.

    3. 3

       In the event that a facilities-based service provider does not acquire the necessary approval, he may submit a request to CST for assistance in acquiring the necessary approval from the government agency responsible for or operating the real estate. CST shall coordinate between the service provider and the government agency to find a reasonable solution for both parties.

11. Article 57

    CST shall determine the classification of service providers in information technology markets and services and emerging technologies, as well as the person to whom the provisions of this Chapter of the Regulations shall apply, in order to ensure market stability and fair competition and to contribute to stimulating and enabling those markets and supporting innovation therein.

1. Article 58
   1. 1

      To fulfill the purposes of the Law, CST shall issue regulations related to the governance and management of user data and information and other data and information related to the telecommunications and information technology service. These shall include regulations related to protecting, processing, sharing, developing, classifying or preserving such data and information, and monitoring compliance with their provisions.

   2. 2

      The service provider shall be responsible for the information, data and confidentiality of the user's communications, as well as his communications that are in the possession or under the control of the service provider or any of the service provider agents.

   3. 3

      The service provider shall operate its telecommunications systems and network and shall observe user privacy and confidentiality of communications. The service provider shall not collect, process, or disclose the user’s information or communications for any purpose whatsoever, without the user's consent, except as permitted by the relevant laws and instructions.

   4. 4

      The service provider shall determine the purposes for which user information is collected prior to or during collection thereof; he shall not collect or use user information for purposes other than the disclosed ones.

   5. 5

      The service provider shall ensure that user's information is correct, accurate and updated to achieve the purposes for which it will be used, and that the user’s information and communications are protected by means and methods commensurate with their sensitivity.

2. Article 59

   To maintain the confidentiality of communications, protect the user's information and confidential documents, and continue to provide him with services, CST shall:

   1. 1

      Issue relevant policies, controls and directives;

   2. 2

      Follow up on the service provider's compliance to ensure that he abides by the stipulations made in this regard by CST or relevant agencies.

3. Article 60

   Service providers shall verify the correctness of the user's information and documents, and shall take all measures to ensure protection thereof. The user may request access to his information and documents with the service provider, and he may request correction or removal of any information once he provides necessary justifications for his request.

4. Article 61

   Without prejudice to the competencies of other agencies and the provisions of relevant laws, CST shall issue rules and provisions for the governance of user data and other information related to telecommunications and information technology services, and for maintaining the privacy of his information and documents, comprising the following:

   1. 1

      Basic principles for protecting the user's information and documents;

   2. 2

      Time periods required to protect the user's information and documents;

   3. 3

      Information protection policy; and

   4. 4

      Obligations of service providers to maintain the confidentiality of user information and documents.

1. Article 62

   In implementation of the provisions of Article 34 of the Law, any service provider may – in the event of a dispute – submit a request to CST to settle the dispute, including the following:

   1. 1

      Data of the parties;

   2. 2

      A statement of the facts of the dispute;

   3. 3

      Applicant’s grounds;

   4. 4

      Applicant’s requests; and

   5. 5

      Any additional data, information or documents required by CST as part of its need to complete the dispute resolution process.

2. Article 63
   1. 1

      CST shall, upon receipt of a request for amicable dispute resolution, schedule a meeting – either in person or virtually – within a period not exceeding 7 seven working days from the date of submission of the request.

   2. 2

      If both parties, or either thereof, are absent from the meeting referred to in the previous Paragraph, CST shall schedule another appointment within a period not exceeding 7 seven days from the date of the first meeting.

   3. 3

      Without prejudice to the provisions of Article 34 of the Law, subsequent meetings shall be scheduled as required and in coordination between the parties.

   4. 4

      If the dispute resolution period exceeds 30 days, the procedures shall not continue without a written agreement between all parties, provided that the agreement specifies the length of the additional period.

3. Article 64

   CST shall appoint a person to supervise the management of dispute resolution procedures.

4. Article 65

   The person in charge of dispute resolution shall draw up a report containing the following:

   1. 1

      Date of dispute resolution;

   2. 2

      Name of the person in charge of dispute resolution;

   3. 3

      Names and background information of the parties to the dispute resolution;

   4. 4

      A summary of the facts and requests of the parties;

   5. 5

      An account of the dispute resolution agreed upon by the parties and all terms thereof; and

   6. 6

      Method of enforcing dispute resolution.

5. Article 66

   An amicable dispute resolution agreement and the obligations of the parties shall be clear and enforceable, and shall not violate the provisions of public order, the Law, Regulations, or the laws, regulations, orders and decisions in force in the Kingdom.

6. Article 67
   1. 1

      The dispute resolution procedures shall terminate if the parties reach a satisfactory resolution.

   2. 2

      CST shall, upon its own initiative, issue a decision to terminate dispute resolution in any of the following cases:

      1. a

         If one of the parties is absent from the scheduled session, without a reasonable excuse acceptable to the other party;

      2. b

         If a party withdraws at any stage of the dispute resolution process;

      3. c

         If the period stipulated in Article 34 of the Law expires prior to reaching a dispute resolution, and no agreement is made to extend the dispute resolution period.

7. Article 68

   Dispute resolution sessions shall be confidential, and discussions conducted during these sessions shall not be disclosed; nor shall any information or documents related thereto be revealed.

8. Article 69

   CST shall issue additional rules and procedures to regulate amicable dispute resolution between service providers, provided that they include the following:

   1. 1

      Competencies within the amicable dispute resolution;

   2. 2

      Mechanisms and procedures to apply in amicable dispute resolution;

   3. 3

      Approval of any appropriate methodology or means for dispute resolution by alternative means;

   4. 4

      Appropriate means for submitting requests and managing meetings;

   5. 5

      Mechanism for following up on the implementation of dispute resolution reports after issuance thereof.

9. Article 70
   1. 1

      When a dispute arises between service providers in relation to interconnection or access, and the parties fail to reach an amicable resolution, either party to the dispute may submit a complaint to CST requesting a mandatory dispute resolution under the provisions and procedures set forth in this Article.

   2. 2

      CST shall – within 15 days of receiving a request in accordance with this Article – set a date for the defendant to submit his reply to the complaint, and the time for the complainant to submit his response to the defendant's reply.

   3. 3

      On a case by case basis, , CST shall determine the time limit available for each person to submit his documents to CST, considering the difficulty of obtaining the information required to be submitted.

   4. 4

      The defendant shall reply to all facts of the dispute set out in the complaint.

   5. 5

      If the defendant fails to submit his reply within the specified time limit without an acceptable excuse to CST, CST may issue its decision on the complaint without waiting for said reply.

   6. 6

      In his response to the defendant’s reply, the complainant shall refute all the arguments set out therein.

   7. 7

      No additional documents shall be submitted after the expiry of the deadline for exchanging responses and replies, unless CST decides otherwise.

   8. 8

      CST shall, upon examining the facts of the dispute and each party’s response to the statements of the other party, issue a reasoned decision to resolve the dispute, and immediately notify all parties thereof.

   9. 9

      CST’s decisions to resolve interconnection or access disputes shall be binding as of the date of notification thereof. No party may refuse to implement these decisions or procrastinate implementation thereof.

1. Article 71

   A service provider shall protect users, through the following methods:

   1. 1

      Enable easy and effective means across all its outlets in order to receive, manage and process user complaints;

   2. 2

      Set procedures and time frames for dealing with complaints in accordance with CST instructions, provided that these procedures, timeframes, and questions related thereto, are published on the service provider’s website;

   3. 3

      Establish a mechanism for periodic review of the causes of user complaints and work on solving them;

   4. 4

      Develop mechanisms for user satisfaction measurement;

   5. 5

      Review and address users’ comments and experiences on a regular basis, raise user satisfaction levels, and improve user experience;

   6. 6

      Provide CST, periodically, with detailed reports and statistics on complaints, and the measures taken with respect thereto, as per the mechanism that CST deems appropriate.

2. Article 72

   A service provider shall document user complaints and the procedures for dealing therewith and shall keep the same in records for a period to be specified by CST. The service provider shall also endeavor to integrate his electronic systems with CST systems.

3. Article 73

   A user may file a complaint before CST against a service provider in case one of the following events occurs:

   1. 1

      If the period specified by CST for the service provider to study the complaint elapses without any action being taken by the service provider with regard thereto; and

   2. 2

      If the user objects to the action taken by the service provider pertaining to the complaint within the period specified by CST.

4. Article 74

   As an exception to the provision of Article 73 of these Regulations, CST may accept a user's complaint without submitting same to the service provider in cases that require urgent handling thereof, as CST deems appropriate.

5. Article 75

   A service provider shall not suspend or change the service provided to a user or claim the financial amounts, that are the subject of the complaint, unless the service provider addresses the complaint or CST issues a decision allowing the service provider to do so, in accordance with the provisions of Article 73 of these Regulations.

6. Article 76

   A service provider shall implement the decision issued by CST regarding the complaint submitted thereto within the time period defined by CST.

7. Article 77

   CST may receive a group complaint from more than one user on the same subject of the same complaint, provided that the complainant shows a proof that he represents a group of users; CST shall issue a decision on the said complaint.

8. Article 78

   CST shall take the necessary measures if it finds out – through the complaints received thereby – that a service provider has violated the Law or Regulations, or the decisions or instructions issued thereby.

9. Article 79
   1. 1

      CST may issue rules user rights protection rules, which shall include the following:

      1. a

         Mechanism and time limit for handling complaints with the service provider and CST, and the consequences thereof on the user or service provider;

      2. b

         Rules and procedures for addressing the impact of service defaults, errors, interruptions or defects;

      3. c

         Mechanism and procedures for dealing with recurring complaints;

      4. d

         Fair trade practice and unjustified discrimination;

      5. e

         Service provision terms, and the impact of violating the service provision contract on user's rights;

      6. f

         Telecommunications marketing controls.

   2. 2

      CST may – when necessary and in accordance with the rules determined thereby – allow a service provider and a user to resolve a complaint by means of amicable resolution methods.

1. Article 80
   1. 1

      The Board shall issue a decision to appoint inspectors – upon the recommendation of the Governor – in accordance with Paragraph (1) of Article 25 of the Law.

   2. 2

      Persons who are licensed or authorized to provide the service, registrants with CST or their employees, or persons suspected of violating the provisions of the Law or the Regulations shall allow the inspector to perform his duties and shall not prevent or obstruct him from carrying out inspection work during working hours.

   3. 3

      When the inspector is prevented or obstructed – in violation of the provision of Paragraph (2) of this Article –, this inspector shall record said action in a report to be submitted to CST for taking necessary measures in accordance with the Law and Regulations.

2. Article 81

   Inspection may be implemented by an individual inspector or by a group of inspectors. The inspection may also be conducted through electronic means. In order for the inspector to perform his duties, the inspector may take any of the following actions:

   1. 1

      Seize, examine and inspect any of the devices, systems, tools, data, information bases, registers, facilities or equipment used in telecommunications and information technology services;

   2. 2

      Obtain copies of any license, permit, certificate, register or any other documents, data or information related to telecommunications or information technology, which fall within his competence;

   3. 3

      Seize documents, registers, devices, systems, equipment, tools, or any items falling within his competence which were used in committing a violation; these items shall be seized and recorded in the inspection report;

   4. 4

      Take photos, by any available means, of any evidence or presumptions that he detects within his competence; and

   5. 5

      Carry out any other procedure that he deems necessary and relevant to the inspection.

3. Article 82

   An inspector shall, upon detecting a violation of the provisions of the Law, Regulations, or regulatory decisions issued by CST, draft a seizure report, including the following:

   1. 1

      Inspection-related information and data, including the inspector's particulars; inspection date, time and place; and the procedures carried out by the inspector;

   2. 2

      Data of the facility under inspection;

   3. 3

      Names of persons accused of committing the violation, or their representatives, based on personal identification data, and statements by entity staff or officials or by persons to whom the violation is attributed upon seizure thereof, to be signed by these persons whether through regular or electronic means; in the event of refusal or failure to take said statements, the inspector shall record same in the report;

   4. 4

      Observe the facts subject to the violation with a description in the report drafted for such purpose, provided that the said report comprises the invoked articles of the Law, Regulations, or regulatory decisions that have been violated; and

   5. 5

      A list of seized or retained assets, documents, information, devices, systems, images, and the like.

4. Article 83

   An inspector shall submit a request to the Governor to suspend the service subject of the violation as a precautionary measure if service continuity can cause any of the following:

   1. 1

      Damage to the user, whether this damage is material or moral;

   2. 2

      Infringement of another service provider’s rights;

   3. 3

      Occurrence of a crime that requires reporting to the competent authorities;

   4. 4

      Violation of any of the terms of the license, registration, permit or any other regulatory instruments.

5. Article 84
   1. 1

      The Governor may issue a decision to suspend the service subject of the violation as a precautionary measure pursuant to the request referred to him, in accordance with Article 83 of these Regulations, provided that said decision includes the following:

      1. a

         Data of the offending service provider;

      2. b

         Date of suspension of violating service;

      3. c

         Legal or technical reasons for suspending the violating service; and

      4. d

         The time limit for suspending the violating service.

   2. 2

      CST shall notify the service provider of the decision to suspend the service as a precautionary measure; CST may coordinate with or seek assistance from the competent authorities when necessary. The Governor may, at his discretion, grant an offending service provider a time limit to remedy the violation. The service provider shall notify CST of the procedure he has taken in this regard within the time limit specified by CST.

6. Article 85

   The Governor – or his designee – may assign any person he deems appropriate to investigate violators of the provisions of the Law, regulations, or regulatory decisions. Said investigator shall, for this purpose, take the following procedures:

   1. 1

      Summon the offender or any person involved in the violation, as he deems appropriate, for investigation;

   2. 2

      Draft an investigation report; investigation may be conducted via electronic means;

   3. 3

      Refer the report to the competent department for prosecution before the committee if it is established through the investigation that there is evidence or presumptions establishing the occurrence of the violation, and complete the necessary actions regarding the facts or persons subject of the violation;

   4. 4

      The department in charge of prosecution before the committee shall request the committee to order the offender to return the proceeds he has earned as a result of the violation to CST, if the committee establishes the offender to be guilty of said violation, after returning the remainder of the financial consideration to the user. CST may set the necessary requirements for implementing this Paragraph, including, but not limited to, the mechanism for calculating returns, and determining the responsibilities and obligations of the parties associated with the violation.

7. Article 86
   1. 1

      CST shall hold the seized items until a committee’s decision is issued. In the event that the offender objects to the decision before the competent court, the seized items shall continue to be held until a final court ruling is rendered.

   2. 2

      When the competent court issues a final ruling on the validity of the committee’s decision, or when no objection is made to the decision within the statutory period, CST may carry out any of the following procedures:

      1. a

         Destroy the seized items by a committee formed by the governor and composed of not less than three members, by way of a destruction report;

      2. b

         Re-export the seized items to the importing country at the offender’s expense.

1. Article 87

   The Ministry shall, in partnership with CST, and in coordination with the relevant persons and entities, prepare and approve a universal service and universal access policy, provided that these policies include the following:

   1. 1

      A list of the basic telecommunications and information technology services to be included under both universal service and universal access;

   2. 2

      Purposes, standards, and obligations of universal service and universal access;

   3. 3

      Designation of targeted geographic areas;

   4. 4

      Criteria for providing universal service plans and universal access;

   5. 5

      Criteria for evaluating universal service plans and universal access.

2. Article 88
   1. 1

      The Ministry shall regularly review the scope of universal service and universal access to ensure that universal service is available to the public.

   2. 2

      CST may issue a decision designating the universal service provider upon the Ministry’s approval of the universal service and universal access policy.

1. Article 89

   No person shall manufacture, import, distribute, rent, sell or offer for sale telecommunications or information technology devices unless they are approved and compatible with the standards and technical specifications issued by CST. Any person intending to do so shall apply to CST for approval of such devices and shall conduct measurements and tests through a laboratory or an entity approved by CST, whether inside or outside the Kingdom, to decide whether the devices are compatible with CST’s technical standards. The applicant shall bear any resulting financial costs.

2. Article 90
   1. 1

      CST may issue a decision obligating an importer, manufacturer or seller to stick a label indicating approval details on the devices licensed for use in the Kingdom.

   2. 2

      CST shall publish a list of approved telecommunications and information technology devices in the Kingdom.

3. Article 91
   1. 1

      CST shall issue regulations related to telecommunications and information technology devices and equipment, and regularly update the same to keep pace with technical developments. These regulations shall comprise the following:

      1. a

         Technical specifications of telecommunications and information technology devices and equipment, and fees for each thereof;

      2. b

         Licenses for telecommunications and information technology devices.

   2. 2

      CST shall issue licenses for telecommunications and information technology devices, and determine the requirements and procedures for such licensing.

4. Article 92

   CST may issue a decision to approve a list of national and international entities and laboratories for type approval purposes. In such a case, the telecommunications devices and equipment approved by these entities shall be deemed licensed for usage in the Kingdom.

5. Article 93
   1. 1

      CST shall issue standards and indicators of service quality, network deployment, and coverage, and mechanisms and procedures for follow-up and verification of the service provider's compliance. In addition, this shall include the obligations and requirements contained in licenses.

   2. 2

      A service provider shall notify CST of any event, changes or modifications that may affect the service quality.

   3. 3

      CST may obligate a service provider to publish service quality reports, including the obligations and requirements contained in the licenses or any data or indicators showing the service provider’s performance. It may also publish service quality reports or any additional related reports to the public.

1. Article 94

   CST shall prepare and update the National Numbering Plan, and shall, upon preparing this plan, observe the following:

   1. 1

      Duties and responsibilities of CST and its licensees;

   2. 2

      Numbering structures for services;

   3. 3

      Communication procedures;

   4. 4

      Management and implementation of the National Numbering Plan;

   5. 5

      Expected demand for telecommunications services to prevent delays in numbers allocation;

   6. 6

      Numbers shall not cause inconvenience or disturb to users;

   7. 7

      The Plan shall be consistent with the optimal usage of a service provider;

   8. 8

      The Plan shall be suitable for number portability and pre-selection;

   9. 9

      Numbering fee shall be appropriate;

   10. 10

       Numbers allocation shall not lead to additional advantages for one service provider over another;

   11. 11

       The Plan shall comply with the provisions of international numbering agreements and laws;

   12. 12

       Any other provisions that CST deems appropriate.

2. Article 95

   CST shall allocate numbers and issue licenses therefore in accordance with the National Numbering Plan, and shall also determine the requirements and procedures for allocation and use.

3. Article 96

   A service provider shall switch a user’s number in accordance with the obligations, procedures and instructions approved by CST. CST shall, with regard to the procedures and instructions approved thereby in this respect, observe the following:

   1. 1

      Determine the services included in the number portability obligations;

   2. 2

      Indicate the technical means of number portability;

   3. 3

      Approve the fees for number portability; and

   4. 4

      Determine implementation and launch dates for number portability.

4. Article 97

   Neither a service provider nor a user shall have any rights of ownership over the numbers allocated to them. A service provider may not change a user's number except in the following cases:

   1. 1

      At the request of the user; or

   2. 2

      If the service provider has reasons that are acceptable to CST, provided that a prior notice is addressed to the user explaining the reasons for change, and the expected date for this change.

1. Article 98

   CST shall regulate and manage Saudi domain names and shall issue a regulatory decision that includes, as a minimum, the following:

   1. 1

      Licensing requirements or approvals related to domains;

   2. 2

      Dispute settlement procedures;

   3. 3

      Provisions for registration agents, and mechanism for their approval;

   4. 4

      Registration service fees;

   5. 5

      Provisions for managing, registering, removing and suspending Saudi domain names.

1. Article 99

   CST shall, in order to ensure continuity of telecommunications services, carry out the following:

   1. 1

      Establish regulations related to business continuity and risk management, to enhance service provider networks readiness;

   2. 2

      Prepare and update the infrastructure risk register for telecommunications network, and evaluate business continuity plans for facilities-based service providers.

2. Article 100

   A service provider shall take the necessary protection measures to ensure the reliability and resilience of telecommunications and information technology networks.

3. Article 101

   A service provider shall pass on malfunction reports and data of network status indicators, as determined by CST in this regard.

4. Article 102

   A service provider shall raise the readiness levels to such an extent as to ensure the implementation of the Minister’s directives in emergency cases, as prescribed in Article 38 of the Law.

1. Article 103

   A service provider shall carry out any technical requirements vis-à-vis his network and systems, and shall provide same to the entity specified by CST within a specified time period, pursuant to relevant orders and directives. This shall include sending text messages or notices to all users or a category thereof using the form to be specified by CST, or pursuant to a request submitted thereto by any government agency in emergency cases.

2. Article 104

   CST shall, in agreement with the Ministry, carry out any necessary actions to encourage investment in the telecommunications and information technology sector, and to contribute to job localization therein.

3. Article 105

   CST shall regulate any matters related to advertising, promoting or amending price tariffs. It may issue regulatory decisions, including, as a minimum, the following:

   1. 1

      General principles for studying costs and regulating price tariffs;

   2. 2

      Provisions relating to tariff requests and to obligations of universal service provider, dominant service provider, or any other service provider;

   3. 3

      Exceptions related to these provisions in proportion to the nature of activities in the sector, taking into account the forces of competition and the protection of user interests;

   4. 4

      Provisions relating to preferential tariffs;

   5. 5

      Any other provisions and requirements achieving the objectives stipulated in Article 2 of the Law.

4. Article 106

   The Board shall issue the working rules and procedures of the committee.

5. Article 107

   The Board may issue a schedule for classifying violations and determining corresponding penalties within the limits stipulated in the Law, subject to the nature and gravity of each violation, and the aggravating and mitigating circumstances thereof.

6. Article 108

   These Regulations shall be published in the Official Gazette, and shall enter into force as of the effective date of the Law.