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Law No. 10 of 2003 On Telecommunications Regulatory Law

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EG LAW No. 10 of 2003

Law No. (10) of 2003 Concerning Egyptian Telecommunications (As amended 2022)
Promulgated on 4 February
Promulgated by Egypt Telecommunications Regulation Law
In the name of the people,
The President,
The People Assembly has adopted this law and we hereby enact it:

Article 1
The provisions of the attached law shall enter into force and shall regulate all types of telecommunications
except for those excluded by a special text, or by any other law, or required by virtue of the provisions of
the law due to national security issues. Any provision in discord with the provisions of the attached law
shall be repealed.

Article 2
Whoever operates a Telecommunications network or provides telecommunications in the Arab Republic of
Egypt on the date of the enforcement of this law shall legalize its affairs under the attached law, according
to the rules and procedures to be issued by a resolution of the competent Minister, within six months as of
the date of the entry into force by this law.

Article 3
This law shall be published in the official Gazette, and it shall come into force as of the day following the
date of its publication. This law shall be stamped by the Seal of the Republic and shall be implemented as
one of its laws.

Signed
Signed
Issued in the Presidency on: 3 Dhul Hijjah 1423 AH
Corresponding to: 4 February 2003 AD
Hosny Mubarak

Part One General Provisions

Article 1
In the application of this law, each of the following expressions shall bear the meaning assigned thereto
respectively: be into force definitions
1. The Authority (NTRA)
The National Telecommunications Regulatory Authority.
2. Competent Minister
The Minister in charge of Telecommunications matters.
3. Telecommunications
Any means of transmitting or receiving signs, signals, messages, texts, images or sounds of whatsoever
nature whether through wired or wireless communication.
4. Telecommunications Service

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Providing or operating telecommunications using any means whatsoever.
5. Telecommunications Network
The system or the group of integrated systems for telecommunications including any needed
infrastructure.
6. User
Any individual or juristic person who uses or benefits from Telecommunications Services.
7. Telecommunications Service Provider
Any individual or juristic person authorized by NTRA to provide one or more of the Telecommunications
Services.
8. Operator
Any individual or juristic person authorized by NTRA to construct and operate a Telecommunications
Network.
9. Equipment
Any instrument, machine or device used or prepared to be used in Telecommunications Services.
10. Telecommunications Terminal Equipment
Telecommunications Equipment used by a User to connect to a Public or Private Telecommunications
Network.
11. Infrastructure
All that is used or prepared to be used in telecommunication, including buildings, lands, structures,
machines, equipment, cables, towers, poles, communication lines, systems and software.
12. Private Networks
Telecommunications systems providing Telecommunications Services to a single user using a
Telecommunications Network without providing services to any other party.
13. Radio Waves
Electromagnetic waves used in providing Radio Telecommunications Services.
14. Frequency
Number of complete frequencies per second for a single Radio Wave.
15. Frequency Spectrum
Range of waves that can be used in wireless Telecommunications as specified by the publications of the
International Telecommunications Union (ITU).
16. Frequency Band
A part of the Spectrum, which starts with a specific frequency and ends with another one.
17. Interconnection
Connecting the licensed networks of two or more Providers with each other enabling connection between
Users through whatsoever networks or services they use.
18. International Telecommunications Service
Telecommunications Service between Users in Egypt and abroad through international Telecommunications
portals.
19. National Security
All related to the Armed Forces, Military Production, Ministry of Interior and Public Security, National
Security Authority, the Presidency and all Authorities related to these entities.
20. National Security Entities
Including the Presidency, the Ministry of Interior and the National Security Authority.
21. Rescue and Emergency Telecommunications Services :
Including ambulance, police, civil defense and fire department.

Article 2 General compliance for the provision of Telecommunications Services


Telecommunications Services shall be in compliance with the following rules:

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1. Publicity of information
2. Protection of free competition
3. Provision of Universal Service
4. Protection of Users' rights
All of these shall be as clarified herein.

Part 2 The National Telecommunications Regulatory Authority

Article 3 Establishment of the TRA


A national authority managing the Telecommunications utility shall be established and named "The
National Telecommunications Regulatory Authority". The Authority shall have a public juristic personality;
it shall be subordinated to the Minister Concerned and shall have its head quarters in Cairo and Giza.
NTRA may establish branches all over the Arab Republic of Egypt.

Article 4 General functions of the TRA


NTRA shall aim to regulate the Telecommunications Service and to enhance and deploy services in
compliance with the most advanced technology means satisfying the Users' needs at the most appropriate
prices. NTRA shall also encourage national and international investment in this field within free
competition rules, especially in the following:
1. Guaranteeing the provision of Telecommunications Services to all regions of the Republic including
economic and development regions as well as urban, rural and remote areas.
2. Protecting National Security and the State top interests.
3. Guaranteeing the optimum usage of the Frequency Spectrum and increasing its returns according to
the provisions of this Law.
4. Guaranteeing the compliance of the effective international agreements and resolutions issued by the
international and regional organizations related to Telecommunications which are approved by the
State.
5. Monitoring the realization of the technical and economical efficiency programs for different
Telecommunications Services.

Article 5 Scope of actions of the TRA


NTRA shall, in regard of achieving its goals, have the right to take all the necessary actions, especially the
following:
1. Setting up the strategies, programs, rules and management techniques according to its activity in
compliance with the provisions of this Law and the resolutions issued for its execution, without
limitation to the governmental rules and regulations.
2. Keeping up with the technical and technological advancement in the Telecommunications field in
compliance with health and environmental standards.
3. Preparing and publishing a report listing Telecommunications Services, names of Operators, Services
Providers and the general rules for issuing licenses and permits.
4. Specifying the general rules binding Operators and Telecommunications Service Providers.
5. Specifying the standards and regulations for uneconomically feasible Telecommunications Services
which shall be provided to all regions suffering shortage thereof and setting up Operators and
Providers obligations for such services in accordance with the provisions of this Law.
6. Setting up the rules guaranteeing Users protection that will ensure Telecommunications
confidentiality, providing the most advanced services at most suitable prices ensuring high quality of
these services and setting a system for users complaints reception, investigation and follow up with
service providers.
7. Supervising institutions qualifying for getting international certificates in Telecommunications in
coordination with the National Telecommunications Institute (NTI).
8. Setting up the rules required for granting Equipment permits.
9. Setting up a National Numbering Plan for Telecommunications and supervising its execution.

Article 6 Competence of the TRA for health and environmental safety


NTRA shall have the competence for setting the technical rules for health and environmental safety that
should be followed when installing, operating and using Telecommunications Networks and following up on
its execution and operation in accordance with the standards set in agreement with the ministries and the
concerned entities in the State.

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Such standards shall be issued by resolutions from the concerned ministers and the heads of the
aforementioned entities, and such resolutions shall be published in the Egyptian Official Gazettes.

Article 7 Right of the TRA to import


Without prejudice to Article (44), NTRA shall, in case of unavailability of appropriate local product and in
accordance with its budget, have the right to import directly or indirectly, materials, equipment, spare
parts, technical instruments, transport facilities and whatsoever is necessary for the execution of its
activities. All of which shall be done in accordance with rules and terms of NTRA internal regulations.

Article 8 Financing of the TRA


NTRA financial resources shall consist of the following:
1. Funds assigned for it in the general budget of the State.
2. Annual fees for licenses and permits granted by NTRA.
3. Charges for works, burdens and services rendered by NTRA in connection with the licensee or other
parties whether locally or internationally.
4. The percentage allocated by the Cabinet for NTRA from Concession fees devolving to the Public
Treasury when granting certain types of licenses, and upon the proposition of the Minister Concerned
following consultation with the Minister of Finance.
5. The yield of investing NTRA funds.
6. Fines and compensations imposed in accordance with the provisions of this Law.
7. Loans made in favor of NTRA.
8. Gifts, donations, subsidies and grants to be accepted by the Board of Directors of NTRA in light of its
rules and resolutions in this regard and without prejudice to Article (44).

Article 9 Financial independence of the TRA


NTRA shall have an independent budget in accordance with the rules determined by its internal regulations
and in compliance with the rules of the Unified Accounting System, without limitation to any governmental
rules or regulations.
The fiscal year of NTRA shall start and end at the same dates as for the fiscal year of the State.
NTRA shall have a private bank account for the deposit of its resources. The budget surplus from one year
to another shall be transferred to the Universal Service Fund except what may be allocated by the Cabinet
in favor of the State upon proposition of the Minister Concerned following consultation with the Minister of
Finance. Expenditure from the Universal Service Fund shall be done by a resolution from the Board of
Directors on the following aspects:
1. Infrastructure projects required for establishing the Universal Service rule.
2. Reallocation of the Frequency Spectrum.
3. Projects of the Telecommunications and Information National Plan.
4. Indemnifying Telecommunications Operators and service providers for price differences between the
approved economical price for the service and that which may be determined by the State in favor of
the User.

Article 10 Allocation of resources for TRA R&D


NTRA Board of Directors shall allocate funds for scientific research and development studies related to
NTRA activities, whether undertaken by it or assigned to others, within the budget appropriation set for
such purpose.

Article 11 TRA and administrative confiscation


NTRA funds shall be considered as public funds. NTRA shall, in regard of acquiring its rights, take all
necessary administrative sequestration procedures in accordance with the provisions of Law No. (308) of
1955 regarding administrative sequestration.

Article 12 Structure of TRA Board of Directors


NTRA shall be managed by:
A Board of Directors appointed by a decree from the Prime Minister and presided by the Minister
Concerned and the membership of each of the following:
1. Executive President of NTRA.
2. A chancellor from the Council of State chosen by the Head of the Council.

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3. A representative of the Ministry of Defense chosen by the Minister of Defense.
4. A representative of the Ministry of Finance chosen by the Minister of Finance.
5. Four representatives of the National Security Entities.
6. A representative of the Radio and Television Union chosen by the Minister of Information.
7. Six members appointed by a decree from the Minister Concerned, three of them shall be experts on
telecommunications and three shall be public figures representing the Users.
8. One of NTRA employees to be nominated by the Federation of Egyptian Workers.
Except for the Executive President of NTRA, the Board of Directors membership duration shall be two
years, renewable, and the membership remuneration shall be determined by a decree from the Prime
Minister.
The Board of Directors may constitute a committee or more among its members, on a temporary basis, to
be assigned with some duties. The Board shall also have the right to delegate some of its powers to the
Chairperson of the Board or the Executive President.

Article 13 Competencies of the TRA Board of Directors


NTRA Board of Directors shall be responsible for its affairs and the discharge of its business and shall take
whatever decisions it deems necessary to achieve the goals for which it was established. The Board of
Directors shall handle its competencies as stated in this Law, especially in the following:
1. Approving NTRA plans and activity programs within the State General Strategy.
2. Approving the administrative and organizational structure of NTRA.
3. Setting up regulations and standards for technical quality, measuring standards and performance
standards for all Telecommunications Services which lead to enhancement of performance and
periodical follow-up on outcomes from applying such regulations, standards and measurements,
along with observing the Health and Environment criteria.
4. Taking all the procedures necessary for implementing the plans and the proposals that guarantee the
achievement of the goals determined by the Cabinet concerning the provision of appropriate
Telecommunications Services in all regions of the Republic.
5. Approving, revising and modifying the Frequency Spectrum usage plan whenever necessary in
accordance with the resolutions and recommendations of the International Telecommunications
Union.
6. Setting up the rules and conditions for granting Spectrum Usage Licenses and regulating granting
procedures.
7. Setting up the rules and conditions for granting special licenses for the establishment of
Telecommunications Networks Infrastructure without prejudice to the provisions of the laws governing
construction, urban planning, environmental and local administration, as well as the licenses for the
operation and management of such networks, and the licenses for providing Telecommunications
Services. Also issuing such licenses and monitoring their execution in accordance with the provisions
of this Law in a manner that guarantees the rights of the Users, especially their privacy rights in
accordance with the Law, and without disturbing the National Security, the State top interests, urban
planning and health and environmental standards that are specified by the relevant Ministries and
Heads of concerned entities.
8. Approving specifications and technical standards of Telecommunications Equipment and setting the
rules and procedures regulating their import, sale and usage.
9. Approving the National Numbering Plan for Public Telecommunications Services and modifying it
whenever necessary.
10. Approving internal regulations related to technical, financial and administrative matters, purchases
and warehouse regulations, and others related to NTRA activities, without limitation to governmental
rules and regulations.
11. Approving NTRA personnel regulations regarding hiring, salaries, allowances, remunerations,
promotions, penalties, dismissal and other personnel matters in consideration of productivity
standards without limitation to the governmental rules and regulations and without breach of
employees acquired rights.
12. Setting up health care, social, cultural and sports systems for NTRA personnel without breach of
employees acquired rights.
13. Setting up a system for control and follow-up to determine performance rates according to economic
criteria.
14. Approving the annual budget and closing account of NTRA.
15. Approving loans necessary for financing NTRA activities.
16. Accepting gifts, donations, subsidies and grants in light of the rules and resolutions resolved by the
Board in this regard and without prejudice to the provisions of Article (44).
17. Set the conditions and rules necessary for granting licenses to establish and manage
Telecommunications Educational Institutes qualifying graduates to obtain Radio Telegraph and
Telephone Certificates, as well as other recently adopted certificates for Operators of Radio
Equipment in accordance with systems determined by the International Organizations concerned in

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the Telecommunications field. Also setting the rules regulating the issuance, granting and cancellation
or modification of these certificates, and setting curricula and examination procedures as well as
controlling and supervising the educational technical aspects in these institutes, without prejudice to
other powers prescribed in this respect for the Ministry of Education concerned.
18. Looking into whatever may be suggested by the Chairperson or the Executive President to the Board.
All regulations stated in this Article are to be issued by virtue of a resolution by the Minister Concerned.

Article 14 Meetings of the TRA Board of Directors


The Board of Directors shall convene by an invitation from its Chairperson at least once every month and
whenever necessary. The meeting shall be deemed valid with the presence of the majority of its members.
Resolutions of such meetings shall be resolved by the majority of votes of attending members and in case
of equal votes the Chairperson shall have the casting vote.
The Board may invite to the meetings those whose experience is seen to be needful without having their
votes counted.

Article 15 Functions of the Chief Executive of the TRA


NTRA shall have an Executive President who is to be appointed for a term of two renewable years and
have his financial matters set by a resolution from the Prime Minister upon a proposal from the Minister
Concerned. The Executive President shall be responsible of NTRA technical, administrative and financial
affairs and activities before the Board. He shall in particular have the right to:
1. Implement resolutions of the Board of Directors.
2. Assist in the management of NTRA, handling its matters and supervising its work flow.
3. Submit periodical reports to the Board of Directors on NTRA activities, its work flow and its
achievements in accordance with the set plans and programs, and determine performance
impediments and propose solutions for avoiding them.
4. Undertake any tasks or missions assigned by the Board of Directors.
5. Other powers as determined by the internal regulations of NTRA.
The Executive President may delegate some of his powers to one or more NTRA managers.

Article 16 Authority of the Chief Executive to replace the Chair of the Board
The Executive President shall temporarily replace the Chairperson of the Board in case of his absence or
vacancy of position.

Article 17 Authority of the Chief Executive to represent the TRA Board


The Executive President shall represent NTRA before the judicial system and in its affairs with third
parties.

Article 18 Committees of the TRA


The following committees shall be formed upon a resolution from the Minister Concerned and shall be
presided by the Executive President or whoever representing him:
1. Frequency Regulation Committee: This Committee shall include representatives from the Presidency
Telecommunications Department, Ministry of Defense, Ministry of Telecommunication, Ministry of
Interior, National Security Entities and Radio and TV Union, in addition to three members to be
nominated by the Concerned Minister. The Committee shall regulate the Frequency Spectrum.
2. Users' Rights Protection Committee: This Committee shall include representatives from
Telecommunications Services Users and Societies concerned with consumers' rights protection. The
Committee shall extend consultations related to protection of the Users' rights.
3. Telecommunications Industries Committee: This Committee shall have representatives from entities
working in the Telecommunications field as well as other concerned bodies and shall extend
consultations related to the Telecommunications industry.
NTRA Board of Directors may invite any representative of any of these committees to attend its sessions
whenever studying recommendations suggested by any of the committees.

Article 19 Authority of the TRA to request information


All entities and companies working in the Telecommunications field shall provide NTRA with whatever
requested of reports, statistics or information related to its activities except for matters related to National
Security.
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Article 20 TRA as replacement of the Utility Regulatory Authority


NTRA shall replace The Telecommunications Regulatory Authority (TRA) established by the Presidential
Decree No. (101) of 1998 in all its rights and obligations. All employees of the Telecommunications
Regulatory Authority shall be transferred to NTRA in their same capacity and job positions without the
need to take any further procedure.
Pending issuance of the regulations stated in Article (13), the existing rules and regulations of the (TRA)
shall continue to be applied, without prejudice to the provisions of this law.

Part 3 Licenses and Permits

Section I Licenses

Article 21 Authority of the TRA to grant authorizations [and licenses]


It is prohibited to establish or operate Telecommunications Networks, provide Telecommunications
Services, by-pass international telephone calls or announce any of these without obtaining a license from
NTRA in accordance with the provisions of this Law and its executive resolutions.
However, no license shall be required to be obtained from NTRA to establish or operate a Private
Telecommunications Network that does not use radio Telecommunications systems.
The licensed Operator shall notify NTRA of the Private Networks established on his Infrastructure.

Article 22
NTRA resolutions regarding licenses shall be published in the Official Gazette or any of the widespread
daily newspapers at the expense of the licensee, provided that publishing includes all licensing conditions.

Article 23 Process for obtaining a license from the TRA


An applicant for any of the licenses mentioned in Article (21) shall fill out the application forms issued by
NTRA and accompanied by data and documents specified by NTRA, especially those proving the technical
and financial capability of the applicant. Applications shall include the suggested basis for pricing of
services and methods of calculation.
Decision regarding an application for license shall be taken within a period not exceeding 90 days from the
date the applicant submitted all requested documents to NTRA, otherwise the application shall be
considered rejected.

Article 23 Authority of the TRA to determine license fees


NTRA shall issue the licenses stated in Article (21) hereof in accordance with the rules and procedures
stated in Article (22) and the resolutions executing this Law.
The Board of Directors shall determine the fees for issuing such licenses and the rules and procedures for
collection.

Article 24 Determining limits for monopoly [or significant market power]


The Board of Directors shall determine the limits which, if exceeded, shall result in the occurrence of
monopolistic practices in any of the fields regulated by this Law. The Board of Directors shall set the rules
that should be applied to confront such practices.

Article 25 General obligations of the licensee


The license shall determine the licensee's obligations including, in particular, the following:
1. The type of the service and the used technology.
2. Duration of license.
3. The specific geographical boundaries for providing the service, coverage plan by wire/radio and
stages of implementation.
4. Measurements of the quality and the efficiency of the service.
5.

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Commitment to provide uninterrupted service and abiding by the procedures to be adopted in case of
disconnection or suspension of the service.
6. Determining the price of service, methods of its collection and the obligation of publicizing such
information.
7. Making the services available to the public without discrimination.
8. Abiding by NTRA National Numbering Plan.
9. Considering Universal Service Obligations.
10. Providing rescue and emergency call services free of charge and providing subscribers' directory. All
of this shall be in accordance with the type of the licensed service.
11. Commitments related to National Security restrictions.
12. Commitments related to health and environmental safety, constructional and planning technical rules
that should be applied in accordance with the standards set in coordination with the State Ministries
and entities concerned.
13. Contributing to scientific research and training.
14. Commitment to pay the charges set by NTRA for burdens sustained towards the verification of the
licensee's fulfillment of his obligations as well as deposits and all periodical dues.
15. Providing all information and data requested by NTRA in connection with the license.
16. Payment of financial penalties and compensations.
17. Providing services within the scope of free competition rules.
18. Setting a system for receiving and investigating complaints and clearing efficiently the faults.
19. Guaranteeing confidentiality of Telecommunications as well as for licensees' customers' calls and
setting rules to ensure such confidentiality.

Article 26 Basic services and the Universal Service Fund


NTRA shall determine the services considered as basic services for operating and providing Licensed
Telecommunications Services and shall set their prices in consideration of the studies and
recommendations submitted to NTRA by the applicant.
In case the Cabinet sets the price of any of these services to be less than the approved economical price,
the Operators and Service Providers shall be compensated for the difference from the Universal Service
Fund. In the event of shortfall of the Universal Service Fund, it shall be supported by the State upon a
proposal by the Minister Concerned, consulting with the Minister of Finance and with approval of the
Cabinet.

Article 27 Right of the TRA to request lesser prices for services


NTRA may give the licensee consent to operate or offer certain Telecommunications Services at less than
the approved prices for a limited period. In case of breach of the rules of free competition or the quality of
the service, NTRA shall cancel such approval.

Article 28 Interconnection
In order to achieve Interconnection, different Telecommunications Services Providers shall abide by the
following:
1. Disclosing the technical specifications and data of the offered services that may be required for
achieving interconnection to enable any of the Service Providers to become aware thereof.
2. Concluding agreements to achieve Interconnection with reasonable terms that do not discriminate
between any of the Service Providers, provided that such agreements are submitted to NTRA for
approval, or joining agreements already concluded and approved by NTRA in this respect.
3. Submitting the data necessary to establish and prove the extent of harm occurred to the Service
Provider as a result of an act by any subscriber in another Service Provider Network, upon a petition
filed by the Service Provider claiming damages and following approval of NTRA.
NTRA shall set the rules and conditions to achieve Interconnection in case of disagreement between
Service Providers at the request of any of them.

Article 29 Authority of the TRA to mediate and arbitrate


In the event of any dispute arising between Service Providers with regard to Interconnection agreements
between them, such dispute shall be referred to NTRA in order to issue a decision therein in accordance
with the provisions of such agreements. NTRA decision shall be made without discrimination between any
of the Service Providers or in the interconnection costs to be paid thereby. The decision of NTRA shall take
into consideration Interconnection charges, costs of technical Interconnection and the cost of providing
Services which shall not exceed what is to be considered reasonable investment revenue.

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NTRA shall, when studying any of the disputes, have the right to request any of the parties to submit the
necessary documents or data. The decision issued by NTRA in the dispute shall be conclusive.
The Minister Concerned shall issue a resolution determining the rules and regulations for the proceedings
of such disputes.
It is prohibited to file any action before a Court of Law regarding such disputes except after a resolution is
issued by NTRA or after 60 days have lapsed from the date of submission, whichever is shorter.

Article 30 Limits to cross-subsidies


Providers of more than one Licensed Telecommunications Service shall not subsidize any of these services
in favor of other service. This prohibition is applicable even if the subsidized service does not require a
license or even if the subsidy is allocated to a certain product related to the provided service.
The Board of Directors shall have the right, in consideration of the rules stated in Article (2), to exempt a
certain Telecommunications Service Provider from such prohibition provided that such exemption is issued
by virtue of a justified time-limited resolution.

Article 31 No Waiver Clause


The licensee is prohibited in all cases, to waive his license for establishing or operating a network or for
providing Telecommunications Services to any other party except with a prior written consent from NTRA,
according to the conditions to be determined by the Board of Directors.

Article 32 TRA license information registration


NTRA shall prepare a system for registering the following:
1. Names of the licensees to establish or operate Telecommunications Networks or providing
Telecommunications Services.
2. Licensing charges.
3. Price of the licensed services.
4. Interconnection agreements between Service Providers.
5. All other information related to Telecommunications Networks and Services.
Whoever is concerned shall, upon written request, have the right to be informed about the mentioned
registered data.

Article 33 Agreements between licensees


The Telecommunications Network Licensee may enter into agreements with other licensees to use his
network paths in return for an agreed and reasonable price.
In case of failing to reach agreement and there is no other alternative, the matter shall be referred to
NTRA in order to issue its final decision in this regard.

Article 34 Right of a licensee to use other's content


The licensee who is to establish a Telecommunications Network or provides Telecommunications Services
shall, if necessary, have the right to use the components of another licensee's Telecommunications
Network or Service, upon agreement amongst them and in return for a fair charge.
In case they fail to agree, the matter shall be brought to NTRA in order to issue its final decision in this
regard.

Article 35 Conditions on the construction of a Telecommunications network


The licensee who is to establish a Telecommunications Network may lay cables, or install overhead wires,
to erect poles, towers or to make installations nearby roads, streets and public squares, water paths or
railways, after obtaining all required approvals, licenses and permits from the Armed Forces and the
concerned entities, with due consideration to environmental and health standards and conditions prior to
starting such installations. This shall also apply to the maintenance of these structures or to the
modification of their paths.

Article 36 Precautions and Compensations


The licensee shall take all the necessary precautions for protecting existing constructions and utilities
while constructing, maintaining or modifying his network. The licensee shall be obliged to restore damages
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on his own expense, and to compensate for any damage or destruction to such constructions or utilities.

Article 37 Health and environmental impact assessments


Construction of any Telecommunications Network shall be made in accordance with a health and
environmental impact assessment, applying environmental administration systems and commitment to
protect trees implanted nearby the roads, land and surroundings.

Article 38 Seizure of property for a Telecommunications project


Determining a Telecommunications project as being of public interest and expropriation of properties for
such purposes shall be resolved by a Presidential Decree, upon a proposal from the Minister Concerned in
accordance with the provisions of Law No. (10) of 1990 regarding expropriation of realties for public
interest.

Article 39 Limits to objections for building a Telecommunications network


Neither the owner nor holder of the reality or anyone having an interest thereof shall, without lawful
justification, have the right to object to any of installation and connections required for providing the
occupants with Telecommunications Services. This shall also apply to all the works required for
maintenance or operation of such installations and connections, with due consideration to environmental,
health and constructional safety rules.

Article 40 Right to install Telecommunications infrastructure


The licensee and the realty usufructuary shall, upon an agreement and for a fair charge included in such
agreement, have the right to erect structures or conduct installations that are licensed to one of the
Telecommunications Networks, Telecommunications Service provider or audio and video broadcasting
services inside, above or beneath the realty, provided that such works do not endanger the safety of the
realty, neighboring or adjacent realties or their occupants.
The execution of such works shall be suspended in case of filing a judiciary action in respect thereof,
pending issue of final court ruling in this respect.

Article 41 Licensee obligations to safety of property and occupants


The licensee who is to establish a Telecommunications Network or provide Telecommunications Services
shall, while implementing any of the works mentioned in Articles (39) and (40), be obliged to implement
them in a manner that does not endanger the safety of the realty, neighboring or adjacent realties, their
occupants or third parties.

Article 42 Rules on erecting communication towers


The entity authorized to grant licenses for construction of buildings shall not have the right to permit the
construction of buildings exceeding 50 meters in height, raise or modify such buildings without consulting
NTRA. Such entity shall notify NTRA of buildings being constructed, raised or modified in excess of the
aforementioned height.
A space vacant of buildings shall be left around Radio and Television Transmission Centers in a circle
having the transmitter mast or tower at its center and a radius of not less than one and a half times the
mast or tower height, and without prejudice to the right of compensation.

Article 43 Application of articles 39, 40, 41 and 44


Provisions of Articles (39), (40), (41) and (42) shall apply to all realties owned by Public or Private Law
persons.

Section II Permits

Article 44 Limits of authority to import manufacture and assembly of equipment


(As amended by Law No. 172 of 2022)
No telecommunications equipment is imported, manufactured, assembled, possessed, used, operated,
installed or marketed except after obtaining a permit from the NTRA, according to the standards,

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specifications and types of equipment approved by NTRA.
NTRA shall obtain consent from the Armed Forces, the National Security Authority and the Ministry of
Interior before importing, manufacturing, assembling, possessing or using for its favor and before it grants
authorizations to the units of the administrative authorities of the State including ministries, authorities,
municipal administrative units and organizations, entities, companies of all types, individuals and others,
with respect to Telecommunications Equipment specified by a resolution from the Minister of Defense in
coordination with National Security Entities.
Provisions of the first paragraph shall not apply to equipment used in radio and television broadcasting of
the Radio and television Union provided that the Union shall obtain the consent mentioned in the second
paragraph in accordance with the provisions stated therein.

Article 45 Type approval exemption for individual imports


Telecommunications Terminal Equipment of the types approved by NTRA and radio and television receiving
equipment approved by the Radio and Television Union may be allowed without obtaining license from
NTRA, if accompanied by a person coming from abroad for personal usage.
The provision of the foregoing clause shall not apply to other radio Telecommunications Equipment except
those specified by NTRA after obtaining consent from the Armed Forces and National Security Entities.

Article 46 Prohibition to import and sale used terminal equipment


It is prohibited to import used Telecommunications Terminal Equipment for the purpose of trading.

Article 47 Operator's right to limit transmission of service to protect network


Licensed Public Networks Operators shall, after obtaining consent from NTRA, have the right to prevent
connection of the service to Telecommunications Terminal Equipment if it is established that such
equipment have caused damage to the licensed network.

Article 48 Type approval


NTRA shall, without prejudice to the provisions of Article (44), determine the rules and the procedures for
approving any type of equipment and granting permits for importing, manufacturing, using, trading and
marketing of Telecommunications Equipment and Sets. It shall also determine the conditions, durations
and charges for obtaining such permits.
NTRA shall issue the permit or refuse to issue such permit within a period not exceeding 90 days from the
date it receives all documents required for issuing the permit.
Importers, manufacturers, users, possessors of and traders in Telecommunications Sets and Equipment
for which permits need to be lawfully granted for the purpose of exercising the activities prescribed in the
first clause of this Article, shall legalize their affairs by obtaining the necessary permits from NTRA within
six months from the date of coming into force of this law.

Part 4 Frequency Spectrum Management and Usage Licensing

Article 49 Authority of the TRA to regulate and manage the Spectrum


The Frequency Spectrum is a limited natural resource and NTRA is the entity responsible for regulating
and managing all matters related to it in accordance with the provisions of this Law.

Article 50 Spectrum allocation management efficiency by the TRA


NTRA shall, in consideration of the issued publications of the International Telecommunications Union, set
the Frequency Spectrum Plan so as to realize its optimum use, the utmost yield of its usage and allow the
provision of advanced Radio Telecommunications Services. Such plan shall be presented to the Frequency
Regulation Committee in order to undertake its obligations in accordance with the provisions of this Law.

Article 51 TRA authority to grant/cancel license and Spectrum allocation


It is prohibited to use a Frequency or a Frequency Band without obtaining a license from NTRA. NTRA shall
specify the conditions and rules for granting such licenses. The rules and procedures necessary to be
followed in applying for the license shall be announced.

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The license shall be issued within a period not exceeding 90 days from the date of submission of all
necessary documents with due consideration to the requirements of the Armed Forces and National
Security Entities.
The licensee shall only use a Frequency or a Frequency Band in accordance with the license conditions. In
case of breach of such conditions, NTRA may cancel such license.
Provisions of this Article shall not apply to Frequency Bands exclusively allocated by the International
Telecommunications Union for services provided by the Radio and Television Union.
Provisions of this Article shall also not apply to the existing networks used by the Radio and Television
Union for transmission and distribution of its radio and television programs.

Article 52 Operation of wireless Telecommunications equipment


It is prohibited to possess, install or operate any Radio Set within the State except after having the
consent of NTRA and in accordance with the terms and conditions it specifies.
The provision of the previous clause shall not apply to radio and television broadcasting sets of the Radio
and Television Union which operate within the Frequency Spectrum Band exclusively allocated for such
purpose.
In such case, the Radio and Television Union shall notify NTRA of the possession, installation or operation
of the aforementioned sets.

Article 53 Licensing fees for frequency Spectrum


NTRA shall determine and announce the fees for licensing of Frequency or Frequency Band usage for
various Radio Telecommunications Services. All Frequency Spectrum Users shall have to settle such fees.
Provisions of the previous clause shall not apply to Frequency Bands exclusively allocated by the
International Telecommunications Union for Radio and Television services. It shall neither apply to the
existing Radio and Television Union networks used for program transmission and distribution.

Article 54 Evacuation from existing bandwidths


NTRA shall, for the purpose of providing new Telecommunications Services according to recognized
international rules, have the right to vacate Frequency Bands from occupants in exchange for fair
compensation and shall also grant these occupants a period of not less than a year, for executing such
evacuation.
The evacuation of Frequency Bands occupied by the Armed Forces and the National Security Entities,
Frequency Bands exclusively allocated by the International Telecommunications Union for services
provided by governmental entities and Frequency Bands of existing networks of the Radio and Television
Union allocated for the transmission and distribution of radio and television programs shall be effected
upon agreement between NTRA and any of these entities in return for a fair reasonable compensation to
be agreed upon.

Article 55 Right to inspect and monitor frequency use and license compliance
NTRA may use all the means, which enables it to detect unauthorized frequency usage and to verify that
the licensees comply with the conditions of their licenses. In addition, NTRA may also inspect authorized
Radio Equipment to verify their compliance with the licensing conditions. This shall be done in coordination
with the Armed Forces and National Security Entities in order to ensure non-infringement of regulations
applicable at such entities.

Article 56 Right to exclude wireless equipment


NTRA shall after obtaining the consent of the Armed Forces and National Security Entities, have the right
to exclude certain types of Radio Equipment from the need to be licensed for Frequency usage and it shall
announce such types and their specifications.

Article 57 License transfer of Spectrum allocation to a third party


The licensee shall not have the right to waive his Frequency usage License to a third party except with a
prior consent from NTRA.

Article 58 Spectrum users database


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NTRA shall prepare, manage and update a database containing the Frequency Spectrum Users Database,
and such database shall be classified in order to protect the privacy of the Users.

Article 59 Revision and reallocation of Frequency Spectrum


NTRA shall, within a period not exceeding six months from the date this Law is effective, revise all the
existing Frequency Usage License conditions and shall have the right to modify them in accordance with
the plan laid for the optimum use of the Frequency Spectrum, and it shall also have the right to evaluate
the licensees' state of affairs in light of such modification.
All Frequency Spectrum Users shall, as of the effective date of this Law, submit complete data about the
Frequency Band assignments they are using to NTRA within a period of three months of such date, and
NTRA shall grant them Frequency Usage License in compliance with the conditions it determines and in
accordance with their actual needs and the Frequency Spectrum Management Plan.

Part 5 Egyptian Company for Telecommunications (Telecom Egypt)

Article 60 License to Telecom Egypt and exclusivity clause


NTRA shall issue - free of charge - and up to 31 December 2005 one license for each activity or service
provided by Telecom Egypt established according to Law No. 19 of 1998, whether such activity or service
was directly provided by the Company or through other companies established by the Company with
others as long as it owns the majority in the capital.
Such exemption of fees shall not apply to Frequency Usage License fees or Mobile Telephone Services
License fees.
Telecom Egypt shall, during the period mentioned above, have the exclusive right to establish, operate and
exploit international transmission networks between Egypt and any other country through international
gateways via submarine and terrestrial cables, microwave links and satellites for fixed services and
provide Telephone, Fax, Telex and Telegraph Services over such networks.
NTRA Board of Directors may issue a resolution enabling Telecom Egypt to exclusively perform some other
activities and services which are being carried out only by Telecom Egypt at the date of applying this Law.
This shall be effective within a limited period determined by the resolution without violation to the
acquired rights of other licensed companies.
In all cases, Telecom Egypt shall undertake to provide the Telecommunications Services, exclusively
offered by it, to whoever is requesting it in accordance with its available technical capabilities.

Article 61 Rights and obligations of Telecom Egypt


Telecom Egypt shall, after obtaining the necessary license from NTRA, have the right to provide new
Telecommunications Services, and in that case, it shall have the same rights and obligations of Providers
of such services, in accordance with the rules issued by NTRA in this regard.

Article 62 Telecom Egypt Capital


The capital of the company shall be divided into equal nominal shares and the Company Statute shall
determine the nominal value of each share, provided that it shall not be less than ten pounds and shall not
exceed one thousand pounds.

Article 63 Allocation of Shares


Upon a decree from the Cabinet, shares can be offered for sale at a partial value of the Company capital
provided that the greater part of the capital remains State owned. The Company employees shall have
priority to acquire a percentage of the offered shares in the order of (5 %).

Part 6 National security and General Mobilization

Article 64 Restrictions and Duties


Telecommunications Services Operators, Providers, their employees and Users of such services shall not
use any Telecommunications Services encryption equipment except after obtaining a written consent from
each of NTRA, the Armed Forces and National Security Entities, and this shall not apply to encryption
equipment of radio and television broadcasting.
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With due consideration to inviolability of citizens private life as protected by law, each Operator and
Provider shall, at his own expense, provide within the Telecommunications networks licensed to him all
technical potentials including equipment, systems, software and communication which enable the Armed
Forces, and National Security Entities to exercise their powers within the law. The provision of the service
shall synchronize in time with the availability of required technical potentials. Telecommunications Service
Providers and Operators and their marketing agents may collect accurate information and data concerning
Users from individuals and various entities within the State.

Article 65 Emergency Plans


The TRA shall, in cooperation with the Armed Forces and the State concerned entities, prepare a prior plan
for the operation of Telecommunications Networks to be implemented during natural and environmental
disasters and periods of general mobilization according to the provisions of Law No. 87 of 1960 regarding
general mobilization and any other cases related to National Security. Such plan shall be updated
periodically in order to secure Defense and National Security. The Operators and telecommunications
Service Providers shall commit themselves to implement such plan.

Article 66 Armed Forces and National Security Entities Consultation


NTRA shall coordinate with the Armed Forces and the National Security Entities when preparing the
Frequency Spectrum Usage Plan or the National Numbering Plan and when revising or modifying them.

Article 67 The Call for General Mobilization


The State competent authorities shall have the power to subject to their administration all
Telecommunications Services and networks of any Operator or Service Provider and call operation and
maintenance employees of such services and networks in case of natural or environmental disasters or
during declared periods of general mobilization in accordance with the provisions of Law No. (87) of 1960
or any other cases concerning National Security.

Article 68 Reduction of Obligations


Obligations of Telecommunications Services Operators or Providers shall be reduced to the extent any of
their obligations has been affected, directly or indirectly, as a result of executing the provisions of Articles
(65) and (67).For Indemnity
Telecommunications Operators and Providers shall have the right for suitable indemnity for damages liable
to occur as a result of subjecting the Telecommunications Services in application of the provisions of
Article (67) of this law.

Article 69
Employees assigned by NTRA, the Armed Forces and National Security Entities may, upon a resolution by
the Minister of Justice in coordination with the Concerned Minister, be considered judicial officers regarding
crimes committed in violation of this law as related to their positions' scope of work.

Part 7 Penalties

Article 70 The Stated Crimes and the Penal Code


Without prejudice to other more severe penalties prescribed in the Penal Code or any other law, crimes
stated in the following articles shall be liable to the penalties prescribed therein.

Article 71 Deliberate Damage Penalties


Whoever premeditatedly demolishes any part of the Telecommunications Networks, Infrastructure,
buildings, constructions or any of the Telecommunications lines, or make it wholly or partially unusable in
any way that results in disconnection of telecommunication, even if temporarily, shall be liable to prison
confinement and to a fine of not less than fifty thousand pounds and not exceeding one hundred thousand
pounds.
If any of the deeds referred to in the previous clause occurs as a result of negligence or inadvertence, the
penalty shall be incarceration for a period not exceeding six months and/or a fine of not less than five
hundred pounds and not exceeding one thousand pounds.

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In all cases, the court shall, automatically pass a ruling obliging the perpetrator to pay the value of
whatsoever has been demolished or damaged or the costs of restoration, without prejudice to the right of
indemnity.

Article 72 Unlicensed Telecommunications Services Penalties


Whoever carries out any of the following acts without obtaining a license from NTRA according to the
provisions of this law shall be liable to prison for a period of not less than six months and not exceeding
five years and/or a fine of not less than fifty thousand pounds and not exceeding five hundred thousand
pounds:
1. Establishing or operating Telecommunications Networks.
2. Establishing Telecommunications Networks Infrastructure.
3. Providing Telecommunications Services.
4. By-passing international telephone calls by any means whatsoever.
A ruling shall be issued confiscating all equipment, sets and connections used in perpetrating such crimes.
A ruling shall also be passed obliging the convict to pay suitable compensation in the case prescribed in
item 4 of this article.

Article 73 Penalties for Invasion of Privacy


Whoever perpetrates any of the following deeds during the performance of his job in the field of
Telecommunications or because of it shall be liable to a penalty of incarceration for a period of not less
three months and/or a fine of not less than five thousand pounds and not exceeding fifty thousand
pounds:
1. Annunciation, publishing or recording the content of any Telecommunications message or part of it
without any legal basis.
2. Hiding, changing, obstructing or altering any or part of Telecommunications message that he might
have received.
3. Refraining from sending any Telecommunications message after being assigned to dispatch it.
4. Divulging without due right any information concerning Telecommunications Networks Users or their
incoming or outgoing communication.

Article 74 Waivers Penalties


Whoever waives his Radio Frequency Usage license before obtaining NTRA approval shall be liable to a
penalty of incarceration for a period of not less than three months and/or a fine of not less than twenty
thousand pounds and not exceeding one hundred thousand pounds. In addition such license shall be
revoked.

Article 75 Industrial Secrets Penalties


Whoever divulges, publishes or spreads any information obtained by virtue or because of his position
about an entity working in the Telecommunications field, shall be liable to a penalty of incarceration and/or
a fine not less than twenty thousand Pounds and not exceeding one hundred thousand pounds, in case
such acts result in unfair competition between the entities working in this field.

Article 76 Telecommunications Misusage Penalties


Without prejudice to the right for suitable indemnity, a penalty of incarceration and/or a fine not less than
five hundred pounds and not exceeding twenty thousand pounds shall be imposed on whoever:
1. Uses or assists in using illegitimate means to conduct Telecommunications correspondence.
2. Premeditatedly disturbs or harasses a third party by misusing Telecommunications Equipment.

Article 77 Penalties for Unlicensed Obtainment of Telecommunications Equipment


(As amended by Law No. 172 of 2022)
Subject to the provisions stated in the last paragraph of Article (48) hereof, any person who imports,
manufactures, assembles or markets any telecommunications equipment without obtaining a permit from
the NTRA in violation of Article (44 / first paragraph) of this Law shall be punished by imprisonment for a
period not less than one year and not exceeding five years, and/ or a fine not less than two million pounds
and not exceeding five million pounds.
A person who possesses, uses, installs, or operates any telecommunications equipment without obtaining
a permit from the NTRA in violation of Article (44 / First Paragraph) of this Law shall be punished by

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imprisonment and/ or a fine not less than one hundred thousand pounds and not exceeding three hundred
thousand pounds. This penalty does not apply in case of wireless devices which NTRA issues a general
licence for their possession, use, installation or operation without prejudice to the provisions of Article (44)
hereof.
The rigorous imprisonment penalty shall be applied in case that the equipment is imported, manufactured,
assembled, possessed installed, operated, used or marketed in violation of the Law for the purpose of
breaching the national security.
The penalty referred to in the first, second and third paragraphs of this Article shall be doubled in terms of
its minimum and maximum limits in case of recidivism.
In all cases, the court shall order the confiscation of the crime-subject equipment along with its
components.

Article 78 Telecommunications Interference Penalties


A penalty of incarceration for a period not exceeding six months and/or a fine of not less twenty thousand
pounds and not exceeding fifty thousand pounds shall be imposed on whoever, without due right,
premeditatedly intercepts or causes interference to radio waves assigned to third parties.
The court shall in addition pass a ruling confiscating the equipment and sets used in perpetrating the
crime.

Article 79 Penalties for Violations of Article (42)


A penalty of incarceration and/or a fine of not less than twenty thousand pounds and not exceeding fifty
thousand pounds shall be imposed on whoever infringes the provisions of article (42) of this law.
The court may, in addition, pass a ruling ordering the removal of the works executed without authorization
and which resulted in damages to the paths of the Telecommunications networks. Infringement shall be
removed by the violator within the period determined therefor by the administration concerned. In case of
negligence or inactiveness the administration concerned or whoever it assigns, shall accomplish such
removal, and in all cases it shall take place at the expense of the violator.

Article 80 Penalties for Violations of Articles (30) and (39)


A penalty of incarceration for a period not exceeding three months and/or a fine of not less than five
thousand pounds and not exceeding twenty thousand pounds shall be imposed on whoever violates the
provisions of Articles (30) and (39) of this law.

Article 81 Penalties for Violations of Article (65)


A penalty of incarceration and a fine of not less than ten thousand pounds and not exceeding one hundred
thousand pounds shall be imposed on whoever violates any of the provisions of article (64) of this law.
The court shall, in addition, pass a ruling temporarily suspending the license pending provision, by the
violator, of the equipment, systems, and Telecommunications software and programs referred to in that
article.

Article 82 Penalties for Violations of Article (68)


A penalty of incarceration shall be imposed on whoever infringes the summons orders prescribed in article
(67) of this law.
The penalty shall be confinement to jail if the crime takes place in time of war or in the cases for which
general mobilization is declared according to the provisions of law no. (87) of 1960 on General
Mobilization.
In all cases, the court shall pass a ruling temporarily suspending the license pending execution, by the
violator, of the summons order issued to him.

Article 83 Penalties for Breach of Set Prices


A penalty of incarceration and/or a fine of not less than twenty thousand pounds and not exceeding two
hundred thousand pounds shall be imposed on every service provider who fails to abide by the health and
environmental safety standards and conditions or the construction measures referred to in articles (6, 35,
36, and 37) of this law. The court shall, in addition, pass a ruling ordering the removal of the causes of the
violation. Such removal shall be accomplished by the violator within the period determined therefore by

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the administration concerned. In case of negligence or inactiveness, the administration concerned or
whoever it assigns shall execute such removal, and in all cases it shall be done at the expense of the
violator.

Article 84 Penalties for Environmental and Health Safety Violations


A fine penalty of not less than ten thousand pounds and not exceeding fifty thousand pounds shall be
imposed on whoever infringes the commitment prescribed in articles (19,21 "third clause", 28 "items 1
and 3", and 59 "second clause") of this law. In case of recurrence, the penalty shall be multiplied in its
minimum and maximum limits.

Article 85 Penalties for Violations of Articles (19), (21/3), (28/1), (28/3) and (59/2)
A fine penalty of not less than twenty thousand pounds and not exceeding two hundred thousand pounds
shall be imposed on any Telecommunications service provider or operator who violates any condition of
the license granted thereto, or infringes the technical quality controls or the standard measures of
performance quality for the licensed Telecommunications services.
Whoever infringes the Telecommunications services rates as approved by NTRA shall be liable to a fine
penalty equivalent to tenfold the amount charged in excess to those rates. The fine shall recur by the
number of users in whose respect the infringement has taken place.

Article 86 Penalties for Breach of Conditions of License


The same penalties as prescribed for the acts committed in violation of the provisions of this law shall be
imposed on the person in charge of actual management of the juridical person, if his awareness of such
acts is established, and that his default on the duties imposed on him by such management has
contributed to the perpetration of the crime.
The juridical person shall be jointly liable for the settlement of the sentenced financial penalties and
compensations as ruled by the court.
provisions

Article 87 Exemption for the Armed Forces and National Security Entities
Provisions of Articles (5 "item 8", 21, 24, 39, 40, 42, 43, 44 "first clause", 48, 51 "first clause", 53 and 59)
of this law shall not apply to the Armed Forces, National Security Entities and Companies of the National
Authority for Military Production in regard of Telecommunications Equipment that are related to National
Security requirements.
Also the provisions of Articles (59) of this law shall not apply to the Radio and Television Union, and the
provisions of Articles (51) and (53) shall not apply to rescue and emergency services and other services
provided by the Services Organizations of the State.

Copyright 2024: Thomson Reuters. All Rights Reserved.


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