Council of Ministers Resolution No. 993 of 2015 Issuing the Executive Regulations of Law No. 37 of 2014 on the Establishment of the Communication and Information Technology Regulatory Authority

Council of Ministers Resolution No. 993 of 2015 Issuing the Executive Regulations of Law No. 37 of 2014 on the Establishment of the Communication and Information Technology Regulatory Authority

Article One

The provisions of the Executive Regulations of Law No. 37 of 2014 referred to above, the text of which is attached to this Resolution, shall be applied.

Article Two

The Ministers, each within his own competence, shall implement this Resolution, which shall come into force from the date of its publication in the Official Gazette.

Executive Regulations of Law No. 37 of 2014 on the Establishment of the Communication and Information Technology Regulatory Authority

Chapter One – Competences of the Chairman of the Board

Article 1

The Chairman of the Board of the Authority shall manage its business, conduct its affairs and represent it in its relations with third parties and before the courts, and he may take such decisions as he deems necessary to achieve the purpose for which it was established, in particular the following:
1- Taking the necessary measures to regulate the services of all communications networks in the State of Kuwait in accordance with the general policy set by the Board.
2- Issuing the detailed regulation of the technical terms used in the communications and information technology sectors and stating their approved meanings in the State of Kuwait, and updating it annually on a continuous basis, after its approval by the Board and its publication.
3- Issuing regulations governing the communications and information technology sectors.
4- Issuing a decision determining the mechanisms necessary to manage the radio frequency spectrum, monitor interference and the quality of the frequency spectrum, and regulate the use of all terrestrial, maritime, aeronautical and space frequencies, in accordance with the National Frequency Allocation Plan table and its updates as approved by the Board.
5- Issuing the technical rules and standard specifications for communications equipment and terminal communications equipment to ensure that they do not harm communications networks or services, public health and safety, or the environment.
6- Issuing type approvals and regulating the import of communications equipment and terminal communications equipment into the State of Kuwait, and their use, possession and trading, and taking the necessary measures to monitor their use, having regard to ensuring that their frequencies do not interfere with the frequencies of the operating companies and other entities
7- Determining the procedures and mechanisms necessary to collect information relating to the communications and information technology sectors, and to issue reports, publications and user guidelines, and approving the media programmes necessary to increase public awareness of the importance of these two sectors and the extent of their positive impact on economic and social development in the State of Kuwait.
8- Establishing the mechanisms necessary to trace the source of any radio waves and to verify the licensing of that source, without prejudice to the confidentiality of messages, in accordance with the Law.
9- Preparing an annual report setting out the activities and achievements of the Authority and any changes in the established general policy relating to communications and information technology services, and stating the future plans of the Authority, submitting it to the Board and publishing this report.
10- Issuing a decision on the mechanisms necessary to review and assess the extent of the need to amend the level of regulation for each communications and information technology service or any type or category thereof, taking into account competition factors, provided that the review and the nature of the assessment are based on a research study.
11- Proposing draft laws to keep pace with the rapid development of the communications and information technology sectors and submitting them to the Council of Ministers through the Competent Minister after the approval of the Board, and preparing the systems and regulations and setting the instructions relating thereto.
12- Taking the necessary measures to ensure compliance with the provisions of the international, regional and bilateral agreements in force relating to the communications and information technology sectors that are approved by the State.
13- Issuing a decision to investigate complaints and disputes arising between users and Licensees that are referred to the Authority by one or all of the parties to the dispute.
14- Proposing criteria for the resolution of disputes relating to the global information network (the Internet).
15- Approving the technical and operational conditions and specifications relating to national security with which compliance is required.
16- Representing the Authority at meetings, conferences, seminars and other international forums relating to communications and information technology affairs that fall within the competence of the Authority.
17- Chairing the meetings of the Board and convening it at least once every month and whenever necessary or upon a written request from three (3) of its members, and appointing the Secretary of the Board from among the employees of the Authority, all in accordance with the provisions of the Board Regulation.
18- Examining notifications by members of the Board of the existence or emergence of any direct or indirect benefit or interest for them or for any of their relatives up to the first degree connected with investment in the communications sectors, or any other interest that conflicts with their positions, and taking the necessary action in respect thereof.
19- Authorising employees of the Authority to undertake any work or consultancy service or the like, for their own account or for the account of third parties, relating to the communications sector in the State and falling outside the scope of the tasks and duties they perform for the Authority, or to undertake such work or service within one (1) year from the date of leaving employment with the Authority.
20- Issuing the necessary approval to an importer or a person wishing to bring in communications equipment whose specifications have not been announced, in accordance with the rules set by the Board.
21- Issuing a decision regulating the mechanism for investigating complaints submitted to the Authority of a default by the Licensee or a dispute between the Licensee and the beneficiaries concerning the level of service or a breach of the licence conditions, and the procedures for closing the complaint or notifying the Licensee to remove the violation within 90 days.
22- Examining and studying the annual reports submitted by Licensees setting out the available technical or administrative and financial aspects that ensure the provision of the licensed service to beneficiaries at the required level, and submitting them to the Board.
23- Issuing the rules and procedures to be followed when the Licensee receives nuisance complaints, the procedures for investigating such complaints, and the rules necessary to reduce nuisance calls in general, in agreement with the Licensee and after submission to the Board.
24- Taking the necessary measures to verify the extent of the Licensee’s compliance with the terms and provisions of the Law.
25- Issuing a decision forming one or more dispute resolution committees from outside the Authority, whose task shall be to decide all disputes arising between the Authority and any licensed operator, or between the operators themselves; it shall also decide grievances submitted by operators or others against decisions and measures of the Authority or those directly related to its work, as prescribed under Article 55 of the Law.
26- Nominating the employees to be vested with the status of judicial police officers and submitting them to the Competent Minister for the issuance of the necessary decision in accordance with the provisions of the Law.
27- Preparing the studies and proposals necessary for the Board to carry out the powers and tasks set out in Article (8) of the Law, submitting them to it, and implementing its decisions.
28- Contracting with specialised scientific, technical or legal bodies, entities, institutions or companies to carry out such of its tasks as the Authority assigns to them, in accordance with the rules and provisions set by the Board of the Authority.
29- Preparing the Staff Affairs Regulation of the Authority, including the rules for the appointment, promotion and discipline of employees, their salary and remuneration systems, in-kind and financial benefits and all other employment affairs, for submission to the Board for approval and issuance.
30- Proposing the Board Regulation and submitting it to the Board for approval.
31- Referring users to the Public Prosecution where it is established that they have encroached on frequencies without a licence.
32- Preparing the draft financial regulation of the Authority and having it approved by the competent authority.

Article 2

Where a violation of the provisions of the Law or the Regulations or the decisions issued in implementation thereof is established, the Chairman of the Board may take one or all of the following measures, as commensurate with the magnitude of the violation:
a) Warning the violator to remove the violation within 30 days from the date of the warning.
b) Suspending the licence granted to the Licensee for a period of three (3) months.
c) Removing the violation at the expense of the violator.
d) Reducing the services licensed to the violator by no more than one service for each violation.
e) Reducing the term of the licence granted to the Licensee by a period not exceeding half the term of the licence.
f) Imposing and collecting a fine not exceeding one million (1,000,000) Kuwaiti Dinars for each violation.
g) Taking into custody the seized equipment, devices and machinery and sealing them as exhibits until the dispute is finally decided.
h) Revoking the licence.
The fine shall be doubled in the event of repetition, or the violator shall pay twice the value of the damage, whichever is greater. None of the penalties or fines provided for in items (d) onwards shall be imposed except after the approval of the Board.

Article 3

The Chairman of the Board shall exercise the administrative, technical and financial powers of the Authority provided for in the laws and regulations, as well as the regulations, systems and decisions issued in implementation of this Law, and in particular:
First: General powers
– Issuing organisational decisions for the distribution of work within the Authority.
– Issuing instructions and circulars to ensure the implementation of the provisions of the Authority’s budget in accordance with the provisions of the laws and regulations.
– Signing contracts relating to supplies, public works and consultancy relating to the Authority in accordance with the provisions, rules and procedures contained in the Procurement and Assignment of Works Regulation set by the Board of the Authority, having regard to the principles of transparency, publicity and equality.
– Issuing decisions forming the committees and working teams that the Authority needs to perform its tasks, ratifying their minutes, and deciding the payment of the allowances or remuneration due for attending and for the work of these committees and teams and to those whose expertise is sought from among non-employees of the Authority, as well as assigning the performance of work or tasks relating to the Authority inside or outside the country and paying the allowances and remuneration due therefor, all in accordance with the rules and provisions set by the Board.
– Proposing the organisational structure and its amendments.
Second: With regard to the affairs of the Authority’s employees:
– Issuing decisions on appointment, reappointment, promotion, transfer, secondment and the engagement of services within, from or to the Authority, granting increments, approving performance appraisals, making settlements, amending employment status and approving financial rewards for distinguished services and work, all in accordance with the employment system set by the Board and in accordance with the Staff Affairs Regulation set by the Board.
– Referral to investigation, suspension from work in the interest of the investigation or for considerations of public interest, and imposing disciplinary penalties in accordance with the provisions of the Staff Affairs Regulation.
– Referral to retirement, termination of service, confirmation in service, and approval of the report of unsuitability during the probationary period.
– Granting leave of all kinds, whether with full or reduced pay or without pay, in accordance with the regulations and systems.
– Referral to the competent investigating authority if the investigation reveals a suspicion of a criminal offence.
– Issuing decisions changing job titles and decisions filling leadership and supervisory positions and those of equivalent level.
– Permitting an employee to perform work for third parties outside official working hours.
– Signing contracts for the engagement of non-Kuwaiti employees.
– Issuing the decisions necessary to implement the rules, provisions and controls of official working time at the Authority.
– Exempting from some of the medical fitness requirements for appointment, after obtaining the opinion of the competent medical authority.
– Issuing the rules for the qualification and training of the Authority’s staff so as to enable them to perform their tasks in accordance with the system set by the Board.

Chapter Two – Procedures for Valuing the Authority’s Real Estate and Financial Assets

Article 4

The entity undertaking the valuation of the real estate and financial assets of the Authority pursuant to Article (87) of the Law shall follow the following procedures:
1- Identifying all assets and liabilities and all data necessary for the valuation process.
2- Conducting a market analysis to identify the levels of supply, demand and competition.
3- Providing a comprehensive analysis of the present value of cash flows in order to establish a market value for the assets and liabilities.
4- Analysing the historical financial data of the final accounts, income statements and cash flows, using the prescribed financial or economic indicators such as the growth rate, profitability rates, liquidity ratios and efficiency rates.
5- Determining all expenses incurred in preparing the assets for use.
6- Valuing the assets and liabilities at the time of their creation or acquisition on the basis of their historical cost, being the purchase price, whether the cost price, the market price or the normal price.
7- Carrying out a comprehensive final valuation of the assets and liabilities in accordance with international standards and in conformity with the accounting rules adopted in the State of Kuwait.
8- Calculating long-term depreciation schedules for all assets of all kinds on the basis of their depreciation rates.

Article 5

The assets subject to valuation include all tangible and financial assets of the Authority, and include in particular the following:
1- Real estate (land and buildings).
2- Decorations and fittings.
3- Tools, equipment and vehicles.
4- Goods.
5- Cash balances (current accounts – deposits – payments account).
6- Securities (shares – bonds and sukuk – investment interests – investment fund units).
7- Commercial papers (bills of exchange – promissory notes – cheques – documentary credits – letters of guarantee)
8- Future (forward) rights
9- Patents, industrial drawings, designs and models, and integrated circuits.
10- Trademarks, service marks, trade names and trade features.
11- Computer works (systems – programs – databases).

Article 6

The Authority may delegate whomever it deems fit to attend the valuation procedures and to express such observations as appear to it.

Article 7

The entity entrusted with the valuation shall complete its entire task by the date specified in the contracts concluded with it, and the Authority may impose the penalties prescribed under such contracts in the event of delay.

Article 8

The entity entrusted with the valuation shall prepare a detailed report on its work in both Arabic and English, including the bases and procedures of the valuation, the results of the valuation and its value in Kuwaiti Dinars, and such recommendations as it may deem necessary in this regard.

Article 9

The entity entrusted with the valuation shall submit the valuation referred to in the preceding Article to the Authority, which shall present it to the State Audit Bureau to study it and express its observations thereon, in preparation for submitting it to the Council of Ministers for approval.

Chapter Three – Charges and Revenues

Article 10

The Board of the Authority shall determine the charges and revenues collected by the Authority for the services it provides, in particular the following:
First: Fees for the use of frequency spectra, numbering ranges and Internet domains, as follows:
a) Aeronautical and space frequencies.
b) Radio and wireless frequencies.
c) Numbering ranges.
d) Internet domains.
Second: Revenues due in respect of licences relating to the provision of the following services:
a) Establishing a public communications network.
b) Operating or managing a public communications network.
c) Operating or managing a virtual public communications network.
d) Providing public communications services.
e) Providing virtual public communications services
f) Fixed communications infrastructure.
g) Fixed communications service.
h) Providing Internet services.
i) Establishing and operating international communications infrastructure.
j) Providing fixed international communications services.
k) Establishing and operating international access infrastructure.
l) International access services.
m) Acquiring and using a radio station on the territory of the State, or on a ship or aircraft registered in the State.
n) Broadcasting services, including radio, television, satellite broadcasting and receiving equipment.
o) Such percentage of the total annual revenues as the Board determines, payable by any operator of any of the aforementioned licences.
p) Any other licences that the Authority may offer in the future.
Third: Interconnection fees between public communications networks owned by the private sector, the Ministry of Communications or any other government entity, other than the security entities, and for connecting wired and wireless communications equipment to these networks.
Fourth: Consideration for the use of international operating capacities.
Fifth: Consideration for the service of the Authority’s verification of the conformity of communications equipment and terminal communications equipment with the standard specifications and technical rules determined by the Authority.
Sixth: Consideration for the Authority’s assuming the management of the operation of the licensed communications network where the Licensee breaches the licence conditions or refrains from providing the service.
Seventh: Renewal of the licences referred to in the preceding clauses.
Eighth: Advertising any of the foregoing.
Ninth: Any lump-sum or periodic revenues or financial rights that the Licensee is required to pay to the Authority in consideration for its use of any service that the Authority performs other than the foregoing.

Article 11

The Authority shall have the right to review the price categories of the services it provides, in light of its review of the market and without prejudice to the provisions on competition.

Article 12

Subject to the provisions of Article 12 of the Law, the revenues of the Authority shall include the following:
a) Such consideration for settlement as the Board of the Authority determines in respect of any violation of the provisions of the Law establishing the Authority – except those provided for in Articles (67 to 80) of the Law – before its referral to the competent court, provided that it is not less than twice the fine prescribed in the Law.
b) Fines or compensation collected by the Authority in accordance with the Law
c) The value of any compensation awarded to the Authority for the fees it lost for the use, without a licence, of the services set out in Articles (74, 75) of the Law.
d) Such resources as the Council of Ministers determines.
e) Grants and donations approved by the Council of Ministers upon the proposal of the Board of the Authority.

Chapter Four – Interconnection Rules and Principles

Article 13

Upon receipt of a written request from another service provider, a communications service provider shall enter into good-faith negotiations with it to reach an interconnection agreement for the purpose of:
a) connecting, or maintaining the connection of, the communications networks of both parties at specified points of connection.
b) providing access to communications facilities, where the request for such access is reasonable, so that licensed service providers are able to provide communications services to their users.

Article 14

The following acts or practices in particular shall be deemed contrary to good faith in negotiation:
a) obstructing or delaying negotiations, or procrastinating in resolving disputes.
b) refusing to provide necessary information on the communications or communications facilities of a service provider that is required for interconnection arrangements.
c) fraud or the exertion of pressure on a party in order to reach an agreement to which it would not have agreed had such fraud or pressure not occurred.
d) requiring another service provider to sign a non-disclosure agreement that prevents it from providing any information requested by the Authority.

Article 15

The Licensee shall, within (60) days from the date of a request submitted to it by another Licensee, enter into an agreement with it within the limits of the controls set out in the Regulations, in order to connect the systems of the other Licensee to the licensed systems at technically suitable points of connection, and to provide such other communications services as are necessary for the other licensed operator to provide communications services to its subscribers. Should the two parties fail to reach an agreement within the specified period, the party concerned shall refer the matter to the Authority for its intervention by way of mediation or arbitration

Article 16

Interconnection agreements shall have regard to transparency, objectivity and reasonableness of terms, in particular the following:
a) that the interconnection agreement makes it possible to ensure that any communications service originating from a communications system belonging to a Licensee providing interconnection can be terminated at any point in the communications system belonging to any other Licensee of communications services.
b) that the transmission of calls across and within communications systems is clear and free of any impediment for both the calling party and the receiving party.
c) that the systems used in interconnection have sufficient operating capacities to allow the efficient transmission of signals between the interconnected communications systems.
d) a statement of the method required for establishing and maintaining the connections and the necessary transmission capacity to allow effective interconnection, which shall be satisfactory to both parties.
e) a statement of the number of connection points required to complete the interconnection.
f) a statement of the dates and periods required for interconnection.
g) the obligation to provide access to communications facilities, including, without limitation, main offices and any other equipment sites, mast and tower sites, ducts, poles, subscriber lines and underground facilities, whenever reasonably required, in order to enable service providers to provide communications services to their customers with ease.
h) the obligation to maintain quality of service levels and to provide for remedying any impediments that may be encountered, so as to meet a level of service acceptable to both parties.
i) the determination of interconnection charges and the terms of their payment.

Article 17

Interconnection agreements may not include, whether directly or indirectly, any of the following:
a) preventing the provision by the Licensee of any communications service or interconnection service which it is able to provide.
b) collecting any sums of money other than the approved interconnection consideration, or imposing any additional burdens on any person for exercising any rights or privileges granted to it under the Law or any of the licences issued.
c) prohibiting the amendment of the interconnection agreement in accordance with changes that may occur in the guidelines and orders issued by the Authority.

Article 18

An interconnection agreement shall not take effect until it has been submitted to the Authority and approved by it. The Authority shall issue its decision within twenty days from the date on which the agreement is submitted to it, and shall notify both parties thereof in writing, provided that the decision shall be reasoned in the event of refusal.

Article 19

The Licensee shall comply with any decisions or instructions issued by the Authority regarding the sharing with other Licensees of any facilities or infrastructure in connection with a public communications network.

Article 20

In setting interconnection prices, the Licensee shall comply with the following:
a) interconnection service prices shall be reasonable and without discrimination between applicants, after calculating the costs of the systems relating to interconnection, having regard to the promotional prices and their duration as determined by the Authority for a new operator; and the other Licensee requesting interconnection shall not be charged for services or facilities it does not need.
b) the relative use of the devices and equipment of each of the parties participating in such interconnection shall be taken into account when distributing the revenues resulting from traffic over the systems owned by the parties.
c) notifying the Authority of the prices in advance, and complying with the outcome of its market review.

Article 21

Every dominant operator shall prepare a Reference Offer for the provision of interconnection to a communications network belonging to it, as well as the right of access to its communications facilities, to any Licensee, and shall have it approved by the Authority within the time period specified in the interconnection guidelines.

Article 22

The Reference Offer referred to in the preceding Article shall satisfy the following requirements:
a) it shall be consistent with the latest edition of the interconnection and access to facilities guidelines prior to the date of the offer, including the guidelines relating to financial consideration:
b) it shall include a complete list of the standard services provided to service providers, including the financial consideration for each service and its essential components.
c) it shall include a statement of the access rights and interconnection services to be provided, including the provision, upon request, of additional points to the network termination points available to other Licensees, in accordance with cost-based prices and the terms thereof.

Article 23

The dominant Licensee shall publish the Reference Offer as follows:
a) publishing the offer on its website within a maximum period of one week from the date of its approval, disclosing the terms, conditions and details of the financial consideration for interconnection and the information required to be disclosed in accordance with the guidelines laid down by the Authority.
b) coordinating with the Authority for its publication on the Authority’s website within a maximum period of two weeks from the date of its approval.
c) making a copy thereof available to the public at its main business offices.
d) providing any other service provider with a copy of the offer upon its request.

Article 24

If the dominant service provider fails to submit the Reference Offer to the Authority within the specified time period, the Authority may require it to adopt an interconnection Reference Offer prepared by the Authority.

Article 25

Offers of interconnection and access to facilities agreements made by the dominant operator shall satisfy the following requirements:
a) they shall be consistent with the approved Reference Offer.
b) they shall be transparent and objective and consistent with the Authority’s regulations.
c) they shall contain all information on the quality of interconnection and access services.

Article 26

If the Authority considers that an interconnection and access to facilities agreement contravenes the Law or these Regulations, it shall require its parties to amend it.

Article 27

The dominant operator shall:
a) provide, upon request, all necessary information and specifications to licensed service providers requesting interconnection or the right of access to facilities.
b) offer access to network elements on terms and at prices that are cost-based, non-discriminatory and transparent.
c) provide leased circuit services on fair terms and at reasonable and non-discriminatory prices; and where they are provided for the purposes of providing public communications services, they shall be at prices based on cost and operating capacity.
d) provide other Licensees with access to the poles, ducts, conduits and equipment sites owned or controlled by it which are necessary for interconnection, on fair terms and at prices that are cost-based, non-discriminatory and transparent.
e) provide interconnection and access to facilities to all service providers on the same terms and of a quality equivalent to that which it provides to its own communications service operations or to those of any of its affiliates.

Article 28

The dominant operator shall provide other Licensees with sharing of the sites of international submarine and terrestrial cable landing stations in accordance with the regulations and guidelines issued by the Authority.

Article 29

The Licensee shall comply with the regulations, guidelines, rules and technical specifications issued by the Authority for the purpose of ensuring the interoperability of the licensed systems and services with the communications systems and services provided by other Licensees in a technically and economically appropriate manner.

Chapter Five – Competition Provisions

Article 30

Any agreement or coordination between a Licensee and others with the aim of preventing, restricting or distorting competition in the market in any commercial activity relating to the communications sector in the State is prohibited where it is intended to achieve any of the following in the communications market:
(a) Influencing the prices of the goods and services being dealt in, or their terms, whether by raising, lowering or fixing them, by sham or fictitious transactions, or by any other means inconsistent with market mechanisms, for the purpose of harming other competitors.
(b) Pre-selecting the person who will be awarded a contract or business opportunity in the communications market.
(c) Sharing or allocating communications markets on the basis of geographical areas, distribution centres, type of customer or service, seasons or time periods, with the intent of harming competition.
(d) Abuse by the Licensee, whether alone or jointly with others, of a dominant position in the market or in a substantial part thereof in a manner that appreciably prevents competition or unfairly restricts it.
(e) Concluding any agreement, or entering with any other person into any arrangements, understandings or practices, or granting facilities, that would appreciably prevent, restrict or distort competition in the market.
(f) Bringing about non-competitive changes in the market structure, in particular by effecting mergers, amalgamations or combining the management of two or more persons in a manner leading to control, or to an increase in existing control, of the communications market.
(g) Depriving or preventing another service provider from using such facilities or scarce materials acquired by the operator as it needs.
(h) Any other conduct or activity which the Authority considers to have, or to be likely to have, a material effect in restricting or harming competition in any of the communications markets.

Article 31

The prohibition provided for in the preceding Article shall not apply to any act or omission that would restrict competition if it results in providing any goods or services in the communications market in a better manner or in promoting technical or economic development in the State, so as to achieve specific and clear benefits for the consumer that outweigh the effects of restricting competition:

Article 32

The following types of conduct and activities shall be deemed an abuse by a service provider of its dominant position:
(a) Failing to supply a competitor with essential facilities within a reasonable period of time after the dominant service provider has received a request to that effect, and on reasonable and accessible terms, provided that such facilities are available to it.
(b) Discriminating in granting access, interconnection or any other services or facilities to other service providers, unless there are objective justifications based on differences in the conditions of providing any of them, including cost or a shortage of available facilities or resources.
(c) The dominant service provider making the obtaining of a good or service conditional on the competitor’s acceptance of another good or service which it does not need.
(d) Offering goods or services at prices below the long-run average incremental costs or any other standard cost criteria determined by the Authority, with the intent of harming competitors.
(e) Cross-subsidisation from one service to another competitive service which is intended to affect or restrict competition, except where the subsidy is approved by the Authority.
(f) Failing to respond to the interconnection obligations of the dominant service provider set out in Chapter Four of these Regulations.
(g) Any of the following conduct that would impede or prevent the entry or expansion of a competitor in the market:
1- The dominant service provider reducing its retail prices below the Reference Offer approved by the Authority, with the aim of reducing the profit margin available to a competitor that needs wholesale services from the dominant service provider, or increasing its wholesale prices for those services which that competitor needs from it in the markets in which they compete.
2- Adopting technical specifications for its networks or systems that prevent or impede interoperability with the competitor’s network or system.
3- Failing to provide other service providers, upon request, with technical information relating to essential facilities, technical specifications or other commercial information relevant to the services they provide.
4- Using information obtained from competitors, by way of interconnection or the provision of its services to them, for the purpose of harming competition.

Chapter Six – Dispute Resolution Committee

Article 33

The Chairman shall form one or more committees from outside the Authority to resolve disputes and decide grievances, chaired by a counsellor from the Judiciary or the Fatwa and Legislation Department – nominated by the Supreme Judicial Council or the Head of the Fatwa and Legislation Department, as the case may be – and comprising as members such number of persons of experience and expertise as the Chairman determines.
The Committee shall be composed of an odd number of members not exceeding five.
A Secretary shall be attached to the Committee, seconded by the Chairman from among the employees of the Authority, who shall undertake the administrative work and implement such decisions as the Committee assigns to him.

Article 34

The Committee shall perform its function in accordance with the following rules and procedures:
a) A register shall be designated for recording the statements of disputes received by the Committee and another for recording grievances, and the person concerned shall be notified of the registration number and date.
b) The grievance shall be submitted within thirty days from the date of notification of the decision or measure against which the grievance is made.
c) The statement of the dispute or grievance shall include the following particulars:
The name of the claimant or grievant and the name of the respondent or the party against whom the grievance is made and his capacity, as the case may be, and the address of each of them, including details of the civil identification number, telephone, fax and e-mail or any approved electronic means through which he wishes to be served.
The subject of the dispute or grievance, the number and date of issue of the decision or measure against which the grievance is made and the date on which the grievant was notified thereof, as the case may be, the grounds on which the claimant or grievant relies, and his requests; and the supporting documents shall be attached to the statement.
d) The Secretary shall submit the statement of the dispute to the Chairman of the Committee to set a hearing for its consideration – within two weeks at most – of which the claimant shall be notified in accordance with Clause (c/1); the respondent shall also be notified, by any of the foregoing means, of the statement and the date of the hearing, and he may, up to one week before that date, submit a memorandum of his defence.
e) The Secretary shall submit the statement of the grievance to the Chairman for endorsement to have it examined and the necessary reply, supported by documents, prepared within two weeks and delivered to the Secretary, so that he may submit the grievance, together with the Authority’s reply and the documents, to the Chairman of the Committee, who shall in turn submit it to the Committee to issue the appropriate decision thereon; and the Committee may hear the statements of the grievant or of whomever it deems fit before deciding the grievance.
f) The persons concerned may appear before the Committee and submit their memoranda and defences regarding the disputes pending before it, and submit the supporting documents.

Article 35

The Committee, in its full composition, shall decide on any dispute or grievance submitted to it by a reasoned decision within one month from the date of submission of the statement of the dispute or grievance, and the Committee shall notify the persons concerned of its reasoned decision within one week from the date of its issue.

Article 36

The deliberations of the Committee shall be confidential, its decisions shall be issued by majority vote, and its decisions shall be final.

Article 37

In the event of a challenge to the decisions of the Committee before the courts, the competent department of the Authority shall prepare a technical report on the subject of the dispute or grievance, to be submitted to the Chairman for approval before it is submitted to the competent court.

Chapter Seven – Final Provisions

Article 38

The Chairman shall issue the decisions, rules, orders and instructions necessary for implementing the provisions of these Regulations.

Article 39

Licensees and service users shall comply with the Law, these Regulations, the terms and conditions of the licences granted to them, and all regulations, decisions, rules and notices issued pursuant thereto.

Article 40

The Board shall take such procedures, measures and decisions as it deems appropriate to ensure the compliance of Licensees and service users with the provisions of the Law and these Regulations.

Issued on 13 July 2015 and published in the Official Gazette Kuwait Al-Youm on 2 August 2015.