قرار رقم 7
صادر بتاريخ 08/06/2011 م 2
بشأن اعتماد نموذج رخصة البث الإذاعي الساتلي
الهيئة العامة لتنظيم قطاع الاتصالات :
بعد الاطلاع على المرسوم بقانون اتحادي
رقم 3 لسنة 2003 في شأن تنظيم قطاع الاتصالات
والقوانين المعدلة له ،
وعلى قرار اللجنة العليا
للإشراف على قطاع الاتصالات رقم 3 لسنة 2004 بإصدار اللائحة
التنفيذية للمرسوم بقانون اتحادي رقم 3 لسنة 2003 في شأن تنظيم قطاع الاتصالات
والقوانين المعدلة له ،
وعلى قرار مجلس الإدارة رقم
7 2 بشأن تنظيم الترخيص قرار رقم 6 لسنة 2008 بشأن الإطار التنظيمي
للتراخيص ،
وبناءً على ما عرضه مدير عام الهيئة العامة لتنظيم
قطاع الاتصالات ، وموافقة مجلس إدارة الهيئة ،
تقرر :
المادة الأولى
الموافقة على نموذج رخصة البث الإذاعي الساتلي كما
هو مبين في المرفق .
المادة 2
يعمل بهذا القرار اعتباراً من تاريخ صدوره وينشر في
الجريدة الرسمية .
صدر في أبو ظبي :
بتاريخ : 8 يونيو 2011م .
محمد أحمد القمزي
رئيس مجلس الإدارة
BROADCASTING
SATELLITE TRANSMISSION SERVICES LICENCE
Licence No of 2011
Pursuant to the provision of the Federal Law by
Decree No 3 of 2003 Regarding the Organisation of the Telecommunication Sector
as amended , this Broadcasting Satellite Services Licence is granted to [ ] for
the period of ten years with effect from _______ to _______ to
install , operate and manage the Public Telecommunication Network and to
provide the Telecommunication Services specified in this Licence within the United
Arab Emirates , subject to the conditions of this Licence , the provisions of
the Federal Law by Decree No . 3 of 2003 , its amendments , The Regulatory
Framework , and all other applicable laws and regulations in the United Arab
Emirates .
Signed by :
The General Authority for Regulating the
Telecommunication Sector
Date
ARTICLE 1 - DEFINITIONS
1.1 - In implementing the conditions of this
Licence , the following terms shall have the meanings given to them here unless
the context requires otherwise . Any term used in this Licence and not defined
herein shall have the meaning ascribed to it in the Federal Law by Decree No .
3 of 2003 and its amendments . Words denoting references to persons shall
include natural and legal persons .
1.1 . 1 - Authority means the General Authority
for Regulating the Telecommunication Sector ;
1.1 . 2 - Broadcasting Code means the code on
broadcasting standards or any other regulatory instrument regulating the nature
or provision of Content , issued by a competent authority in the State , as
amended from time to time ;
1.1 . 3 - Broadcasting Satellite Transmission
Services means the uplink and downlink of communications between Satellites and
Earth Stations which communications are used predominately for the delivery or
control of audio material , video material and audio - visual material such as
live or previously recorded performances including documentaries and news
briefings , films , radio and television material for entertainment or
education or both , and excludes communications for real - time two way voice
telephony and data - communications not related to the control or delivery of
the subject audio , video or audio - visual material ;
1.1 . 4 - Change in Control means any transaction
, sale , contract , recapitalisation or other reorganisation or merger that
results in a change in Control of the Licensee , including any transaction or
series of transactions taking place after the date of this Licence as a result
of which the holders of the voting securities or equity interests in the
capital of the company immediately after its establishment , hold less than a
majority for the voting power or equity interest in the Licensee after the
transaction or series of transactions as the case may be ;
1.1 . 5 - Channel means a complitation of
Programmes ;
1.1 . 6 - Channel Provider means a person making
a Channel available for broadcasting within the State ;
1.1 . 7 - Companies Law means the Commercial
Companies Law , Federal Law No . 8 of 1984 Regarding Commercial Companies , and
the amending laws thereof ;
1.1 . 8 - Content means any information including
systematic audio , visual or audio - visual , live or previously recorded
performance , presentation , films , features , dramas or advertisements
transmitted , relayed or distributed ;
1.1 . 9 - Control means the ownership of more
than 50 % of the voting interests in any person and / or the ability to control
in fact the business and affairs of that person whether by ownership , contract
, or otherwise ;
1.1 . 10 - Customer means any person who has
entered into a contract with the Licensee to receive the Licensed Services ;
1.1 . 11 - Earth Station means an apparatus or
multiple apparatus located on the Earth’s surface and intended and used for
communication with one or more Satellites ;
1.1 . 12 - Executive Order means the Executive
Order issued pursuant to the Federal Law by Decree No . 3 of 2003 , as may be
amended or replaced from time to time ;
1.1 . 13 - Frequency Spectrum Authorisation means
an authorisation which permits the use of specific radio frequencies subject to
terms and conditions as stipulated by the Authority ;
1.1 . 14 - Licence means this document , as may
be amended or replaced from time to time ;
1.1 . 15 - Licensed Network means the Public
Telecommunications Network described in Article 3 ;
1.1 . 16 - Licensed Services means the Public
Telecommunications Services described in Article 4 ;
1.1 . 17 - Licensee means the person described on
page 1 of this Licence ;
1.1 . 18 - Other Licensed Operators or Another
Licensed Operator means entities other than the Licensee which are licensed
pursuant to the provisions of the Federal Law by Decree No . 3 of 2003 , its
amendments and Executive Order ;
1.1 . 19 - Programme means a single item of
Content within a schedule or catalogue established by a Channel Provider , the
primary purpose of which is to entertain , educate or to inform an audience ,
including sponsorship or advertising matters , whether or not of a commercial nature
;
1.1 . 20 - Regulatory Framework means all the
regulatory instruments issued by the Authority from time to time including any
revisions or amendments made to them ;
1.1 . 21 - Satellite means an apparatus located
inside or outside the Earth’s atmosphere which exchanges communications with
Earth Stations and / or other Satellites ;
1.1 . 22 - State means the United Arab Emirates ;
1.1 . 23 - Telecommunications Apparatus means
apparatus made or adapted for use in transmitting , receiving , or conveying
any of the Licensed Services through the Licensed Network ; and
1.1 . 24 - Terminal means the equipment used by
Customers to access the Licensed Service .
ARTICLE 2 - COMING INTO FORCE AND COMPLIANCE
2.1 - This Licence shall come into force on the
date of its issuance by the Authority until its expiry date as set out in the
Licence .
2.2 - The Licensee shall at all times comply with
the terms of this Licence , the relevant provision of the Regulatory Framework
, the Frequency Spectrum Authorisation and all the relevant laws of the State
as may be amended from time to time .
ARTICLE 3 - LICENSED NETWORK
3.1 - Subject to Article 3.2 , the Licensee may
install , operate and manage a Telecommunications Network comprising of only
one or more Satellites . Earth Stations , network operation centres ,
associated backhaul capacity and associated terrestrial facilities .
3.2 - The terms : “ associated backhaul capacity
” and “ associated terrestrial facilities ” as used in Article 3.1 means
backhaul capacity and terrestrial facilities necessary to carry , and only used
to carry , communications ( including communications related to telemetry ) to
and from Earth Stations , for the purposes of providing the Broadcasting
Satellite Transmission Services .
3.3 - The Licensee shall notify the Authority of
any significant changes to the Licensed Network or to any stored commands or
protocols contained in it and shall provide the Authority with information
about the changes and their effect in the State .
3.4 - The Licensed Network including all
Telecommunications Apparatus shall conform to the technical specifications for
networks and equipment including for the use of frequency spectrum , as may be
set out in the Regulatory Framework .
3.5 - The Licensee shall obtain all necessary
authorisations , licences and permits as may be required to build , modify and
remove any construction in accordance with the relevant laws in the State .
ARTICLE 4 - LICENSED SERVICES
4.1 - The Licensee is authorised to provide
Broadcasting Satellite Transmission Services in the State but only by means of
the Licensed Network .
4.2 - The Licensee shall comply with the
Broadcasting Code .
4.3 - Where the competent authority with
statutory responsibility for regulation of Content in the State determines that
certain Content is unacceptable on the grounds that it is a breach of the
Broadcasting Code , the Authority may serve notice on the Licensee , requiring
the Licensee to cease the broadcasting of the Programme or the Channel as the
case may be . Service of such a notice shall require the Licensee to secure
that , within the time period specified by the Authority , such Programme or
Channel as the case may be , is not carried by the Licensee .
ARTICLE 5 - FEES
5.1 - The Licensee shall pay an Annual Licence
fee of AED 100,000 .
5.2 - The Annual Licence fee shall be paid in
full on each anniversary date of the Licence .
5.3 - The Licensee shall pay an Acquisition fee
of AED 100,000 before being issued with a licence .
ARTICLE 6 - COMMENCEMENT OF SERVICE
The Licensee shall commission the Licensed
Network and provide the Licensed Services on a commercial basis within a time -
frame specified by the Authority from the date of commencement of this Licence
.
ARTICLE 7 - OWNERSHIP AND CONTROL
7.1 - The Licensee shall be a local juridical
entity established and in good standing in accordance with the relevant laws of
the State , an Emirate or Free Zone , as applicable and as amended from time to
time .
7.2 - Any Change in Control of the Licensee shall
require the prior written consent of the Authority .
7.3 - The ownership of the Licence may not be
transferred without the prior written consent of the Authority and until and
unless all outstanding fees have been paid to the Authority .
7.4 - The Licensee may subcontract the provision
of any or all of the Licensed Services to another juridical entity ( or
otherwise arrange for those activities to be conducted by another juridical
entity on its behalf ), with prior written approval of the Authority , provided
that the Licensee shall continue to be fully liable for any obligations set out
in this Licence or imposed on the Licensee pursuant to the Regulatory Framework
. whether in relation to the provision of the Licensed Services or otherwise .
If the subcontracted juridical entity is and remains wholly owned by the
Licensee , the prior written approval of the Authority shall not be required ,
provided that the Authority is notified of such arrangements .
ARTICLE 8 - GENERAL OBLIGATIONS
8.1 - The Licensee shall :
8.1 . 1 - comply with all localisation policies
in the State ;
8.1 . 2 - comply with the laws , policies or
directions for foreign investment in the capital of the company ;
8.1 . 3 - notify the Authority of shareholding in
the company or any merger , change or restructuring to the capital of the
company ;
8.1 . 4 - maintain its books of account and
financial statements in accordance with the accounting standards and principles
generally applied in the State ;
8.1 . 5 - ensure that its books of account are
audited annually by an independent firm of auditors registered in the State ;
8.1 . 6 - submit 5 certified copies of its annual
financial statements to the Authority within 4 months of the end of each
financial year ; and
8.1 . 7 - preserve its financial records and
books of account for a period of 10 years after the end of each financial year
.
8.2 - The Licensee’s financial year for purposes
of maintaining its accounts shall start in January and end in December each
year .
8.3 - The Licensee shall provide information to
the Authority on request and in the manner directed by the Authority , which
may include any document , accounts , records , commercial agreements entered
into with Customers or other information specified in a notice , that may be
required by the Authority for the performance of its functions .
8.4 - The Licensee shall comply with all legal
requirements for conducting business in the State and any Emirate in which the
Licensee is to provide Licensed Services . These requirements may include
without limitation , the registration or incorporation of an entity for
carrying out those activities in the relevant place .
ARTICLE 9 - INSPECTION AND MONITORING
The Licensee shall permit the Authority or its
authorised agent to have access to any premises of the Licensee and to inspect
any Telecommunications Apparatus or documents including accounts or other
records at any time to ensure compliance with the provisions of the Licence and
the Federal Law by Decree No . 3 , its amendments , Executive Order and the
Regulatory Framework .
ARTICLE 10 - STANDARD OF CONDUCT
The Licensee shall not use or knowingly permit
the use of the Licensed Network or the Licensed Services for any purpose that
violates the Federal Law by Decree No . 3 of 2003 and its amendments or any
other applicable laws or the Regulatory Framework . The Licensee shall
endeavour to take all reasonable action to ensure that the Licensed Network and
the Licensed Services are not used for any such purposes .
ARTICLE 11 - APPLICATION FOR FREQUENCIES
The Licensee shall apply to the Authority for
Frequency Spectrum Authorisation in accordance with the Regulatory Framework
and shall comply with the terms of any authorisations issued .
ARTICLE 12 - RELATIONSHIP WITH CUSTOMERS
The Licensee shall in its dealings with Customers
, act promptly and in a transparent manner . The Licensee shall not unduly
discriminate against similarly situated Customers and shall generally deal with
Customers in accordance with the Regulatory Framework .
ARTICLE 13 - DISPUTE RESOLUTION
Where a dispute remains unresolved between the
Licensee and Other Licensed Operators or Between the Licensee and a Customer or
where a complaint is referred directly to the Authority , the Authority may
resolve the matter in accordance with the Federal Law by Decree No . 3 of 2003
, its amendments , Executive Order and the Regulatory Framework . In all cases
the Licensee shall cooperate fully with the Authority for the resolution of
disputes .
ARTICLE 14 - IMPLEMENTATION OF CHARGES , CONDITIONS AND
PROVISIONS OF PUBLIC TELECOMMUNICATIONS SERVICES
The Licensee shall make publicily available the
charges for its Licensed Services and terms and conditions on which the
Licensed Services are provided .
ARTICLE 15 - CONTINUITY OF SERVICE
15.1 - The Licensee shall not intentionally
interrupt the operation of the Licensed Network , or provision of the Licensed
Services without first notifying the Authority in writing and giving reasonable
notice to Customers . The notice shall indicate the time during which the
interruption will take place .
15.2 - The Licensee shall not cease to provide
Licensed Services without the express written approval of the Authority .
ARTICLE 16 - COMPETITION
The Licensee shall comply with the rules
regarding anti - competitive conduct as set out in the Regulatory Framework .
ARTICLE 17 - PUBLIC EMERGENCY , PUBLIC INTEREST , SAFETY AND
NATIONAL SECURITY
17.1 - The Licensee shall comply with any
directions as the Authority or other competent authorities may issue in case of
public emergency on matters relating to the activities of or the ownership of
the Licensee .
17.2 - The Licensee shall comply with any
directions which the Authority or other competent authorities may issue from
time to time on matters relating to public interest , safety and / or national
security . Furthermore the Licensee shall not undertake to provide any services
which do not meet the requirements of any competent authority responsible for
public interest , safety and national security .
17.3 - The Licensee shall comply with any
direction from the Authority or any competent authority requiring it to allow
any authorised person by the Authority or any competent authority to assume
full or partial control of the Licensed Services and / or the Licensed Network
. Any such direction shall be in writing .
ARTICLE 18 - ACCESS TO LAND
18.1 - The Licensee shall have access to and use
of public and private land in accordance with the provisions of the Federal Law
by Decree No . 3 of 2003 , its amendments . Executive Order and Regulatory
Framework .
18.2 - The Licensee shall comply with the
directions of the Authority or any other competent authority in relation to the
protection of the environment .
ARTICLE 19 - AMENDMENT AND REVOCATION OF LICENCE
19.1 - Any application by the Licensee for an
amendment to the Licence shall be made in writing to the Authority and state
the following :
19.1 . 1 - the provisions of the Licence which
are requested to be amended ; and
19.1 . 2 - the reasons for the application .
19.2 - The Authority shall consider the request
and may seek further information if necessary before deciding in its discretion
:
19.2 . 1 - to amend the Licence ;
19.2 . 2 - not to amend the Licence ; and
19.2 . 3 - to amend the Licence but with
modifications or upon certain terms .
19.3 - The Authority may amend or revoke the
Licence to ensure that the provisions of the Licence are in accordance with or
do not conflict with the provisions of :
19.3 . 1 - the laws of the UAE , and in
particular the Telecommunications Law and its Executive Order .
19.3 . 2 - the Regulatory Framework in effect at
the time ; and
19.3 . 3 - any decision of any UAE government
entity or official .
19.4 - An amendment or revocation initiated by
the Authority shall be by way of the following process :
19.4 . 1 - Written notice of the proposed
amendment or revocation , a draft of any such amendment and the reason for same
shall be given by the Authority to the Licensee ; and
19.4 . 2 - the Licensee shall be given a
reasonable time to respond .
19.5 - The Authority shall consider the response
of the Licensee before deciding whether :
19.5 . 1 - to amend or revoke the Licence .
19.5 . 2 - not to amend or revoke the Licence .
19.5 . 3 - to amend the Licence but with
modifications .
ARTICLE 20 - BREACH AND PENALTIES
20.1 - The Licensee shall be subject to penalties
( including fines ) as provided in the Federal Law Decree No . 3 , its
amendments and Executive Order , or the Regulatory Framework , if the Licensee
fails to comply with any of the following :
20.1 . 1 - any obligation under the Federal Law
by Decree No . 3 of 2003 , its amendments and the Executive Order ;
20.1 . 2 - any obligation within the provisions
of the Licence ; or
20.1 . 3 - obligations contained in the
Regulatory Framework .
ARTICLE 21 - FORCE MAJEURE
21.1 - The Licensee shall not be in breach of any
condition of this Licence if its failure to perform results directly from force
majeure . Force majeure shall not include the insolvency of the Licensee , or
the inability of the Licensee to meet its debts or other financial obligations
.
21.2 - The Licensee shall notify the Authority
immediately on the occurrence of any event of force majeure giving the
anticipated effects of the force majeure and the expected duration , and steps
to be taken by the Licensee to mitigate the effects if possible .
ARTICLE 22 - LANGUAGE
The Arabic language version of the Licence is the
binding version . However an official English Language version has been
prepared for guidance and assistance in interpretation of the Arabic language
version .
