Communications and Informatics Law
Nissan's 27.2017
Supervisory Committee: Committee on Culture and Information, Services Committee and Construction
In the name of the people
The Presidency Council
Based on what passed the House of Representatives and approved by the Presidency Council and based on the provisions of item (i) of Article (61) and item (iii) of Article 73 of the Constitution.
Issued the following law:
No. () of 2009
Law
Communications and Informatics
Chapter One
Definitions
Article 1 the following terms for the purposes of this law meanings indicated opposite thereto:
First, the Ministry and the Ministry of Communications and Information Technology.
Second body the media and communications.
Third, the transfer of communications, broadcast, or sending or receiving symbols, signs, sounds, images, or movies or data of any nature by wire or wireless means or optical or by any other means.
Fourth: the value of the frequency pulse electromagnetic wave spread naturally and measured Balheirtz used to send and receive communications signals this value varies according to different telecommunications services applications.
Fifth: Spectrum frequency range available naturally to provide the use of various types of wireless communications services.
Sixth: the frequency range of packet frequency spectrum ranges between two values of the frequency of certain uses of different wireless communications, without prejudice and the decisions of the International Telecommunication Union and in coordination between the member states of the Union applications to apply.
Seventh frequency channel value of the frequency specified by the Authority for each operator of the public telecommunications network operators or within the special service dedicated to communications provided by the network packet frequency.
Eighth public telecommunications network communications system consists of the equipment and means of transport Atsalatyh public telecommunications service provided to all beneficiaries.
IX private communications network communications system consists of devices, equipment and means of transport Atsalatyh provide certain communications service to an exclusive group of natural persons or legal entities gathering joint ownership.
X. operator: the person who owns and manages the public or private network connections.
XI user the person who benefits from the services provided by public and private communications networks.
The second common person who gets a particular service of telecommunication services provided by a public telecommunications network for a certain price of ten.
XIII frequency license: the approval granted by the Authority to a person under a contract in exchange for a certain amount in accordance with the provisions of the law allowing him to use a certain frequency channel to run a private network connections or public wirelessly.
XIV leave communications: the approval granted by the ministry for each person under a contract in exchange for a certain amount in accordance with the provisions of the law allowing him to provide certain communications service that does not include this frequency license.
Fifteen licensed telecommunications network public or private wireless operator gives the frequency of the Authority license.
Sixteenth-frequency process to determine the necessary frequency for each application packets of wireless communication applications to suit the general policy of the Federal Government in the allocation of frequencies.
Seventeenth frequency identification frequency channels within the organization of the frequency package for one specific application of communications applications and granted to the wireless public telecommunications network operators or private under frequency licenses.
Eighteenth infrastructure all kinds of switches, fiber optic systems and optical gates Instant international power stations and international telecommunications.
Nineteenth information of all kinds of data such as writing, numbers, symbols, letters, signs, graphics, photos, sounds, and movies that are generated, sent or transferred Aotkhozanha or processed by any electronic means or transfer mode Atsalatyh.
Twenty-information system, any type of software used to develop Aoumaaljh or update information.
XXI any kind of information systems or techniques or physical means or devices or equipment or computers of various kinds necessary to send or receive, or the development Aoumaaljh or update the information.
Twenty-second information everything related to information systems and information technology.
Twenty-three: the National Frequency Plan of the Federal Government's policy in the frequency spectrum management in Iraq and the allocation of frequencies for different applications of wireless communications packages.
Twenty-fourth interference confusion or lack of clarity in communication signals sent or received from users who gets a result of the use of communications devices illegally by operating frequencies equal to or approach licensed frequencies.
Twenty-fifth access to allow access to a network or other telecommunications services operator to provide telecommunications services, whether inside or outside Iraq.
Twenty-sixth Interconnection Technical delivery or on-site communications networks for the purpose of enabling the participants to the particular operator of access to telecommunications services provided by another operator.
Twenty-seventh choice of an additional service provider for the possibility of a joint licensee and automatically connections provided by another Licensee are linked to each other interconnected service.
Twenty-eighth service right transfer joint retention in being involved public network connections when changing network operator.
Twenty-ninth transfer of the right number of common retention Bno.h when changing the public telecommunications network operator.
Thirty International Information Network online.
XI Thirty-IQ electronic code to define the Republic of Iraq on the international information network (Internet).
Thirty-second radio station system consists of devices and communications equipment used for sending and receiving communications signals wirelessly and are working on a specific value for the frequency.
Thirty-third conversion service call transfer received calls from one subscriber in a communications network operation to a joint second in the other network connections.
Thirty-fourth electronic signature or any form letter, number or symbol or a sign or other is placed on an electronic editor and have a unique character allows the identification of the person's location and distinguishes it from others.
Thirty-fifth the competent authority in respect of the Ministry of Communications and the Authority vacations with regard to frequency licenses.
Chapter II
The objectives of the law
Article 2 of this law is aimed at the following:
First create the best ways for the parties related to the sectors of communication and information to perform their roles in shaping state policy in these sectors and the public interest of Iraq.
Second, a good general policy of the state in telecommunications and informatics application sectors to ensure the achievement of better services to citizens.
Third, the optimal use of the spectrum as a national wealth rests with the federal government responsible for his administration, organization and protection to provide better services to the beneficiaries.
Fourth of good management and organization of infrastructure sectors of telecommunications and informatics in the Republic of Iraq in order to achieve the needs and provide better services to them beneficiaries.
V. State Security protection in the various services provided by communications and information sectors by strengthening the role of the security Alatsalaty in these sectors.
Sixth achieve appropriate revenue for the state in the communications and information sectors to support economic development without harming the interests of the citizen.
Seventh determine the functions of the relevant authorities and information communications sectors to ensure clarity and duties of their respective obligations and the lack of overlapping responsibilities among them.
Eighth achieve good service to the beneficiaries in the telecommunications and information sectors according to international standards adopted in this regard levels.
Ninth physical protection rights of citizens through appropriate services provided to beneficiaries in the telecommunications and IT sectors assigned to meet.
X. ensure health protection of a citizen of the radiological and environmental risks resulting from the use of various devices and equipment when providing communications and information services.
XI ensure moral and social rights of citizens with regard to the information that is being circulated through various channels of communication circulating in the communications and information sectors.
XII regulating relationships dealing between beneficiaries and operators of government departments and the private sector working in the communications and information sectors so as to ensure fair competition between operators.
Chapter III
Frequency
Article 3 First, the ministry holds the federal government's representation in the Republic of Iraq in the frequency spectrum management necessary for the applications of various communications in coordination with the Authority, ministries and relevant agencies to suit the government's policy in the management of this national wealth and ensure the optimal use of spectrum frequencies allocated.
Second, the ministry to grant licenses to telecommunications operators, public and private communications networks in accordance with the provisions of this law.
Article 4 first body frequencies organization handles any application of various wireless communication applications and the granting of frequency channels for government departments and the private sector in coordination with the ministry, without prejudice to the provisions of item (i) of Article (3) of this law and the relevant laws.
Second, granting frequency to operators of public and private telecommunications networks licenses in accordance with the provisions of this law.
Article 5 The Commission shall first before agreeing to grant the frequency stipulated in the license item (ii) of Article 4 of this law, the verification of the conditions set forth in item (v) of Article (9) of this law, taking into account Mayati:
a . Provide the necessary frequency channels to cover the areas covered by the broadcast of wireless public telecommunications network operator license applicant.
B . Lack of frequency channels that give the operator the license applicant with the National Frequency Plan opposes.
C. Insurance need state-of-Reciprocating channels before they were granted to the private sector.
Dr . Ensure optimal use of the spectrum.
E. Ensure the application of the conditions and regulations and instructions issued in accordance with the provisions of this law.
Second, the Commission is obliged to take competitive procedures when granting frequency licenses to operators on the basis of fair.
III. The Authority shall ensure that the conditions under which the licensee's commitment to the optimal use of the spectrum.
First Article 6 prohibits ships entering the territorial waters and aircraft passing through the atmosphere of the Republic of Iraq, the use of radio stations only after obtaining approvals from the Authority.
Second, it is excluded from the provisions of item (i) of this Article, emergency and relief operations after coordination with the Authority in order to achieve secure protection of airspace and territorial waters of the Republic of Iraq.
III. The Commission shall notify the Governments of States through official channels of diplomatic breaches provided for in item (i) of this Article, according to the law.
Article 7 First: hold both the Ministry and the Commission record called (National Register of frequencies) in which records Mayati:
a. Allocated for applications of different communication frequency packages according to the provisions of subsection (i) of Article (3) of this law.
B. Channels Reciprocating granted to government departments and the private sector in each of the application of various communications applications under the provisions of Articles (3) and (4) of this law.
C. Frequency granted to licensees and their data licenses.
Dr.. Canceled frequency licenses.
E. Regulations and instructions laid down by the Authority and the ministry in accordance with the provisions of this law.
Second, the Authority and the Ministry shall exchange the information required for the national register of frequencies and working to update them so as to ensure matching the information recorded in the two records.
Third, it may not be informed and taking information from the National Register of frequencies and take into account the full confidentiality of information.
Fourth competent court access to the National Register of frequencies in the ministry in accordance with the provisions of the law that the obligation to maintain the confidentiality of information.
V may be informed regulatory authorities on the National Register of frequencies after obtaining the approval of the Prime Minister.
Article 8 prohibits the use of any communications device illegally can cause harmful interference in any communication signals that such interference was not due to force majeure or an emergency or rescue carried out by a competent government bodies operations.
the fourth chapter
Licenses and Vacations
First Almadh9 The Commission shall issue a frequency license according to the contract between the Authority and regulated by the licensee is called (frequency license contract) is effective for a specified period unless canceled in accordance with the law.
Second, determine the vacation communications, licensing and renewal fees system.
Third, the ministry granted leave contacts according to a contract between the ministry and regulated operator shall be effective for a specified period unless canceled in accordance with the provisions of this law.
Fourth, the Ministry issuing instructions for the granting of licenses and the Communications Authority to issue the necessary instructions for the granting of frequency licenses in accordance with the provisions of this law.
V is followed the following controls when issuing frequency licenses or licenses communications:
a. Standards provide technical, financial and legal terms and conditions specified by the Ministry or the Commission in accordance with the law.
B. Ensure optimal use of national wealth and protection and the protection of the infrastructure of the Republic of Iraq and abide by relevant laws.
C. Ensure the protection of the national security of the Republic of Iraq and the security and safety of citizens in coordination with the relevant authorities.
Dr.. Maintain the confidentiality of information circulating through communication networks.
E. Ensure the quality of services provided by operators.
And. Take technical and regulatory measures necessary to ensure that the misuse of communications services provided by operators in contravention of the provisions of the public order and morals.
G. Approval of the supervision and control of the ministry or during the period of providing telecommunications service in accordance with the provisions of the Law Commission.
H. Not to waive the specific obligations to hold a license or frequency communications license in whole or in part to third parties except the written approval from the ministry or the Commission in accordance with the provisions of this law.
Fifth competent authority that the required frequency license applicant or student communications license to provide any data or application controls to ensure evidentiary items set forth in item (iv) of this Article and comply with any conditions it deems this necessary authority.
Article 10 prohibits the following:
First, run a public telecommunications network or a private wireless in the Republic of Iraq, operation or use of any communication devices related to this network without a frequency license in accordance with the provisions of this law.
Second, provide telecommunications service in the Republic of Iraq without obtaining a license contacts according to the provisions of this law.
Third, to link any communication networks with each other without obtaining written approval from the Ministry and the Commission in coordination with government security authorities.
Fourth the winning frequency license or vacation contacts any act or take any action or use any device can arrange for security or harm the interests of the state or the citizens or the interests of his competitors.
Fifthly do who owns or manages or operates or works within the cadres of any public network eavesdropping contacts Awafshae information in violation of the law, which harms the interests of the state or private interests of citizens.
Sixth winning the frequency license or vacation contacts or any of its agents or employees use any sign or secret code in correspondence and conversations among themselves.
Seventh winning the frequency license or license the use of communication devices and communications equipment violation of international standards.
Eighth block Aothoir Aohtab contents of any electronic message movement in any way within the devices and systems communications networks or incitement to the act in question.
IX run or promote transfer service communication to and from the Republic of Iraq.
Article 11 First, the operator is committed to sending and receiving data and international calls incoming and outgoing to and from Iraq through the gates of international influence belonging to the ministry.
Second it is not allowed private companies to own infrastructure or extend its own cables.
Article 12, first public telecommunications network operator undertakes to provide Mayati:
a. Choose the extra service provider.
B. Number portability in fixed and mobile telecommunications services.
C. Transfer service.
Dr . Access.
Second, the public telecommunications network operator shall submit the following to the competent authority in accordance with the provisions of this law:
a. Technical and financial information determined in accordance with the law.
B . Data and information on the level of performance of the services provided.
C. Rules and procedures to be followed in dealing with complaints pertaining to the operation of public communications network subscribers.
Third, the public telecommunications network operator is committed to review and change the actions taken by the mechanism applied at the request of the competent authority.
Article 13, the competent authority:
First, change the terms of the frequency license contract or license connections when legitimate justifications that the operator is notified before a period of not more than thirty (30) days from the date of the relevant amendment to the decision.
Second: Cancel frequency license or vacation communications in one of the following cases:
a. Based on a written request from the operator.
B. The end of the license period or the license granted under the agreements with the competent authorities of contracts.
C .avlass operator by virtue of a court acquired class final.
Dr.. The operator has stopped practicing its activities on the provision of telecommunications services.
E. Breach of the operator to the conditions specified in the license contract or vacation communications.
And. If the cause of public telecommunications network operator physical or moral harm to the security interests of the state or economic Omsalehh citizens subject to the approval of the Council of Ministers.
G. Of a state of war and exposed the national security risk with the consent of the Council of Ministers.
Article 14, first notify the competent authority in writing the operator within a period not exceeding thirty (30) days for the purpose of applying the provisions of paragraphs (d) and (e) and (f) of item (ii) of Article 13 of this Law.
Second, the operator can appeal a written request submitted to the competent authority, which issued the decision to cancel during the thirty (30) days from the date of notification of the decision.
Third, the competent authority shall decide on the appeal provided for in item (ii) of this Article within thirty (30) days from the date of registration of the complaint has.
Fourth Scott is the competent authority and not responding to the complaint after the period stipulated in item (iii) of this article, a rejection of him.
Fifth of the grievant resort to the judiciary in case of rejection of his complaint 0
Article 15 may not be the first operator to accept new subscriptions from the expiration of the contract or the date of issuance of the decision of revocation.
Second, the operator is not allowed to stop working at the end of the frequency license contract or license contacts only after the approval of the competent authority.
Third, the appropriate extension of the license contract or vacation destination communications for a period of not more than (180) one hundred and eighty days from the date of expiry of the contract or canceled in order to move subscribers to another operator.
Chapter V
Interconnection and access
Article 16 The public telecommunications network operator interconnection based on a written request by any competent point in the public telecommunications network belonging to another operator in accordance with the conditions set forth in the frequency licensing contract or vacation destination for communications and including, without prejudice to the provisions of this law.
Article 17 prohibits the public telecommunications network operator to disclose information obtained from other network operator through interconnection or used for a purpose other than for which the access to that information.
Chapter six
Internet and Informatics
Article 18 The Ministry shall Mayati:
First supervision of all services provided in the IT sector and follow up the work of the relevant authorities throughout the Republic of Iraq.
Second, the provision of Internet services of all kinds for all citizens throughout the Republic of Iraq.
Third, to contribute with the relevant authorities to secure the implementation and provision of e-government services and informational bank and electronic signature, electronic commerce and any services required to implement the government's policy in the IT sector.
Fourth set conditions technical, economic and legal standards relating to the organization and the application of electronic signature services within the Republic of Iraq.
Article 19 First Ministry granted licenses connections to provide Internet service to government departments and the private sector in accordance with the instructions issued by the Minister.
Second, it is not allowed to state departments to provide Internet services granted to them under item (i) of this article to others.
First Article 20 The Ministry shall manage, organize and protect the electronic code (IQ) of the Republic of Iraq in accordance with the provisions of the law.
Second, the ministry handles the registration and hosting the student to get a website dedicated to within the Republic of Iraq and the follow-up and management of the electronic space consequent.
III. The Authority shall exercise the supervisory role of the electronic code of the Republic of Iraq.
Chapter VII
Infrastructure
Article 21 public or private telecommunications network operator is committed when creating, developing or maintaining the communications network taking into account the legal and regulatory provisions related to environmental protection and archaeological sites and tourist attractions.
Article 22 of the First Ministry to allow operators who engage in activity to provide telecommunications services in the Republic of Iraq, using the infrastructure owned by them in accordance with the provisions of the law.
Second, the Ministry of the acquisition of infrastructure owned by operators and used in the provision of telecommunications services in the Republic of Iraq in accordance with the law.
Article 23 is not entitled to the regions and governorates not organized in a region contracted with private sector companies for the use of land and security structures, towers and cables and switches and infrastructure related to communications state-owned, except in accordance with the provisions of this law.
Article 24 is not entitled to public telecommunications network operator to add any facilities, buildings, towers or installation of devices or equipment or wireless switches over public property or under it or through it or along them only if the following conditions are fulfilled:
First, get a frequency license contract or license communications in accordance with the provisions of this law.
Second, the approval of the official concerned.
Third, not to cause physical damage to public and private estates.
Fourth lack of damage to archaeological sites and tourist attractions.
V. commitment to health standards and public safety.
Chapter VIII
Sanctions
Article 25 shall be punished by imprisonment for a term not exceeding (10) ten years and a fine of not less than (50 million) fifty million dinars and exceeding (100 million) a hundred million dinars, or either of the two penalties anyone who commits actually intentionally violates the provisions of items (i) and (ii) and (iii) and (iv) of Article 10 and Article 11 of this law.
Article 26 shall be punished by imprisonment for a term of not more than seven (7) years and a fine of not less than (25,000,000) twenty-five million dinars and exceeding (50 million) fifty million dinars, or either of these penalties actually committed contrary to the provisions of items (vi) and (vii) and (VIII) of Article 10 of this law.
Article 27 punishable by imprisonment for a term of not more than seven (7) years or each employee assigned to public service intentionally caused damage to the various means of communication or contributed to or helped by the penalty shall be imprisonment if the damage was the result of a serious error 0
Article 28 shall be punished by imprisonment and a fine of not less than (10000000) ten million dinars and exceeding (15000000) fifteen millions dinars each of the eavesdropping or disclosure of information, data and cause damaging the interests of the state or private interests of citizens.
Article 29 shall be punished by imprisonment and a fine of not less than (5,000,000) five million dinars and exceeding (10000000) ten million dinars, or either of these penalties actually committed intentionally violates the provisions of Article (
of this Law 0
Article 30 shall be punished by imprisonment for a term not exceeding six (6) months and a fine of not less than (1,000,000) million dinars and exceeding (5,000,000) five million dinars each actually committed contrary to the provisions of subsection (IX) of Article 10 of this Law 0
Article 31 Without prejudice to any more severe penalty provided by law, shall be punished by imprisonment for not more than (1) one year and a fine equivalent to the proportion of the damage resulting from the crime or interest achieved by or wanted to achieve from the crime and not less in any case for (1,000,000) million dinars, or in one of these two penalties Any person who violates the provisions of this law 0
Article 32 entails the sentencing judgment confiscation of various means of communication used or were intended for use to send and transfer or receipt of communication signals without obtaining a frequency license or vacation communications from the competent authority without prejudice to bona fide third parties rights, and if they were not mentioned means have already seized the time of trial The specific court appointments sufficient control to be forfeited when tuned 0
Chapter IX
General and Final Provisions
Article 33, the licensed operator that is committed to provide at his own expense all the technical capabilities of the equipment, systems and programs of communication related to telecommunication network licensee and which provide security services access to the network to achieve the requirements of national security in accordance with the provisions of Article 35 of this Law.
Article 34 The competent point of use of the telecommunications service of any licensed operator in national safety and emergency situations.
Article 35 First: No competent authority may eavesdropping and access to any type of circulation in the sectors of telecommunications and informatics information only after obtaining the approval of the competent court.
Second, the exception of the provision of item (i) of this Article may be eavesdropping on the phone, data and images of cases of kidnapping and planning for a criminal act or a terrorist or sabotage without the competent court approval to be attached to her knowledge it through (24) twenty-four hours.
Article 36 The first operator with air conditioning adjustments according to the provisions of this law within ninety (90) days from the date of its entry into force.
Second, it is not allowed to grant any rights or privileges or powers of permits or contrary to the provisions of this law.
Article 37 Registrar of Companies is committed to procuring the ministry approval before granting licenses to establish private sector companies working in the fields of telecommunications and informatics.
Article 38 Wages are imposed by licensed operators for their services fair and just without discrimination and on the basis of the ability of the expected costs.
Article 39 Notwithstanding the provisions of the law of sale and lease of state property No. (32) for the year 1986 concerned minister rent the following funds belonging to the ministry or its companies to the private sector companies without public bidding.
First, communications towers.
Second, land and constructions used for the purposes of communication.
Third halls for the use of the systems (VSAT).
Article 40 First repealed Telecommunications Law No. (159) for the year 1980.
Second repealed CPA Order dissolved Authority No. (65) of 2004 (the Iraqi Commission for Communications and Information).
Article 41 First may issue a system to facilitate the implementation of the provisions of this law.
Second, the Ministry in coordination with the Authority to issue internal instructions and regulations to facilitate the implementation of this law.
Article 42 of this Law shall be the date of its publication in the Official Gazette.
Reasons
For the purpose of organizing and managing communications and information sector in the Republic of Iraq and drawing its general policy and to identify the competent authorities the process of allocation of frequencies and the organization and the granting of licenses and permits and the protection of national wealth in these sectors and ensure optimal use of the spectrum and to encourage investment in the telecommunications sector and ensure the protection of the interests of beneficiaries and provide better services to them and keep up with development technological and support economic development in this area.
Initiated this law.
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