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

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

Chapter One – Definitions

Article 1

The following words and expressions, wherever they appear in this Law, shall have the meanings assigned to them below, unless the context indicates otherwise:
Ministry: The Ministry of Communications.
Minister: The competent Minister designated by the Council of Ministers.
Authority: The Communication and Information Technology Authority established under the provisions of this Law.
Board: The Board of Directors of the Authority.
Chairman: The Chairman of the Board of Directors of the Authority.
Communications: Any sending, transmission, broadcasting, dissemination or reception of signs, signals, writings, images, films, sounds or information of whatever nature, by wire, radio, optical or any other means of electronic systems.
Communications Service: The service consisting, wholly or partly, of sending, receiving and passing information over communications networks using any local or international communications operations, including the Internet.
Public Communications Service: The Communications Service provided to Beneficiaries generally, or to a specific category of them, against a charge in accordance with the provisions of this Law.
Information Technology: The creation, processing, storage, conversion, retrieval, use or making available to others of information by electronic means, including audio information and voice and visual data.
Radio Waves: Electromagnetic waves of frequencies exceeding three kilohertz propagated in space without an artificial guide.
Public Communications Network: A local or international wired or wireless communications system, or a group of systems, for providing the Public Communications Service to Beneficiaries in accordance with the provisions of this Law.
Private Communications Network: A communications system operated for the benefit of a single person, or of a single group of persons linked by a common ownership relationship, to serve their own needs.
Terminal Communications Equipment: Communications Equipment used by the Beneficiary to send, receive, pass or terminate a communication.
Beneficiary/User: The person who benefits from the Public Communications Service, or from the service intended to be used for private purposes, through the use of communications operations.
Communications Equipment: Any wired or wireless communications devices, instruments, means or systems used or intended to be used for communications purposes and forming part of, connected to, or among the components of a communications network, including local and international radio communications equipment.
Licensing: The permission granted by the Authority, or the contract or agreement signed between the Authority and the person, allowing that person to establish, operate and manage a Public Communications Network, provide Public Communications Services or use radio frequencies, in accordance with the provisions of this Law and the regulations issued thereunder.
Licensee or Service Provider: The person licensed to provide one or more Communications Services to the public, or licensed to manage, establish or operate a communications network or an Internet service to provide Communications Services to the public, including providers of information or content provided through the communications network.
Subscriber: Any person who is a party to a contract with a public communications operator for the provision of communications services.
Type Approval: Approval of the use of specific types of Communications Equipment and Terminal Communications Equipment and permission for their importation.
National Frequency Allocation Table: The table that contains the allocation of the frequency spectrum into bands for use in providing the various types of Communications Services, consistent with the Table of Frequency Allocations issued by the International Telecommunication Union.
National Frequency Allocation Plan: The plan that contains the technical standards adopted by the Authority for the use of the frequency bands set out in the National Frequency Allocation Table, taking into account national security requirements in the use of those bands.
Allocation of Frequency Bands: The entry of frequency bands in the National Frequency Allocation Table for use in one or more space or terrestrial radio communications services or radio astronomy services, under specified conditions.
Assignment: The permission granted by the Authority to a Radio Station to use specified radio frequencies or a specified radio channel in accordance with conditions laid down by the Authority for this purpose.
National Frequency Assignment Register: A special register containing all information relating to the channels and frequencies assigned to civil and other Radio Stations.
Radio Station: One or more transmitters or receivers, or a combination thereof, including ancillary equipment, located at a specified location for the purpose of providing radio communications, radio astronomy or broadcasting services.
Radio Frequencies/Radio Frequency Spectrum: The frequencies or the spectrum consisting of naturally propagated electromagnetic spectrum waves in the range of three kilohertz to three thousand gigahertz, which are used for sending and receiving communications signals and microwave frequencies, and whatever is later introduced as determined by the International Telecommunication Union (ITU) for future communications systems.
Radio Communication: What is sent by radio in the form of writings, signs, signals, images, sounds or films of all kinds, including the means, facilities, equipment and services accompanying the transmission, such as the service of sending, receiving or delivering the communication.
Broadcasting Service: The transmission of radio communications for direct reception by the public, or through rebroadcasting stations, whether satellite or terrestrial, or via the Internet; this service may include sound or television (visual) transmissions or other types of transmission.
International Communications Infrastructure: The infrastructure that provides international access across the borders of the State of Kuwait, including submarine cables, satellites and other terrestrial systems, or any newly developed systems crossing the borders of Kuwait.
International Communications: A communications service between the State of Kuwait and other countries through the licensed international communications gateways, for the purpose of carrying it and terminating it at the end user.
Access: Making available entry to the communications facilities or Communications Services of another licensed operator for the purpose of providing a Communications Service, including the connection of Communications Equipment by wired or wireless means and access to any physical installations, including buildings, ducts for wires and cables, and towers, and access to mobile telephone networks and to number translation or networks that provide a similar function.
Interconnection: The physical and logical linking between communications networks, whether used by the same communications operator or by another operator, for the purpose of enabling the subscribers of an operator to communicate with the subscribers of the same operator or of another operator, or to obtain services provided by another operator.
Directory: The data of the subscribers to the services of Public Communications Networks.
Universal Service: The provision of the minimum level of communications and Information Technology services in areas and communities, and the facilitation of the delivery and use of the service, in accordance with the conditions and controls laid down by the Authority and amended as required.
Dominant Operator: Any Licensee that holds a market share, or is in a position of economic strength, enabling it to prevent the existence and continuation of effective competition in the relevant market through the Licensee’s ability to act independently, to an appreciable extent, of competitors, subscribers and users, as a result of its control over essential facilities; essential communications facilities means a Public Communications Service or infrastructure provided exclusively or predominantly by a single service operator or a limited number of operators, and which cannot practicably be substituted, economically or technically, in order to secure the service.

Chapter Two – The Communication and Information Technology Sector Regulatory Authority

Article 2

A public authority with independent juristic personality shall be established, to be called (the Public Authority for Communication and Information Technology), under the supervision of the competent Minister, and it shall enjoy independent juristic personality and financial independence. Other branches of the Authority may be established within the State of Kuwait.
There shall be transferred to the Authority, from the Ministry of Communications, the units working in the fields it requires, as specified by a decision of the Minister of Communications, with all their rights and allowances preserved for them.

Article 3

The Authority shall regulate, supervise and monitor the communications sector with the aim of developing it in the State of Kuwait and protecting the interests of users, and to that end it shall have the power to:
(a) Regulate the services of all communications networks in the State of Kuwait in accordance with the established general policy, so as to ensure the development and dissemination of those services of all kinds and their efficient provision to users at reasonable prices, and so as to achieve the optimal performance of the communications sector; and coordinate in this regard with the communications and information technology authorities within the system of the Cooperation Council for the Arab States of the Gulf.
(b) Lay down the detailed regulation of the technical terms used in the communications and information technology sectors, setting out their meanings adopted in the State of Kuwait, publish that regulation, and keep it updated annually.
(c) Lay down the regulations governing the communications and information technology sectors, consistent with the established general policy in this regard, ensuring the provision of the communications and information technology services required by comprehensive development in the State of Kuwait, and keep those regulations updated annually.
(d) Lay down the controls on the service penetration rates that service providers are obliged to provide, work to ensure that they are achieved and applied on the latest systems and standards, and lay down standards for the quality of services, the monitoring thereof and the means of ensuring compliance therewith by service providers, as well as the conditions determining the Dominant Operator in any of these services, annually.
(e) Encourage competition and investment in the communications and information technology sectors, and prevent unlawful competition or the abuse by any party of its dominant position in the market.
(f) Lay down a regulation setting out the controls and conditions for granting licences for communications or Internet networks and services, the use of radio frequencies, and the establishment and operation of International Communications Infrastructure and International Access Infrastructure, and the conditions relating to Universal Service and universal access, to ensure that services reach all areas of the State of Kuwait, provided that these controls and conditions are characterised by transparency, publicity and equality and do not conflict with the laws in force or public morals.
(g) Determine the fees to be collected from Licensees for their use of the frequency spectrum, numbers and Internet domains, determine the other resources due to the communications and information technology sectors, and lay down the mechanisms and means of collecting those fees and resources.
(h) Manage the Radio Frequency Spectrum, monitor interference and the quality of the frequency spectrum, and take the necessary measures in this regard to limit and prevent interference; regulate the use of all terrestrial, maritime, aeronautical and space frequencies, including the preparation and updating of the National Frequency Allocation Table; prepare both the National Frequency Allocation Plan and the National Frequency Assignment Register jointly with the military and security authorities; update the part relating to civil uses of both the National Frequency Allocation Plan and the National Frequency Assignment Register and publish them to the public; and assign frequencies in a manner that ensures their optimal use.
(i) Regulate Interconnection between Public Communications Networks owned by the private sector, the Ministry of Communications or any other government entity, other than the security authorities, in a manner that obliges all providers of Public Communications Services to provide Interconnection between their networks and to facilitate the connection of subscribers on all networks in accordance with the contracts concluded in this regard. The Authority shall facilitate and encourage service providers to reach interconnection agreements among themselves as quickly as possible, in accordance with instructions issued by the Authority for this purpose, and shall intervene to mediate and arbitrate where the parties fail to reach a solution acceptable to all within a reasonable period of time. The Executive Regulations shall determine the principles of Interconnection.
(j) Lay down the technical and operational rules and standards for connecting wired and wireless communications equipment to Public Communications Networks, including personal communications equipment, and lay down procedures regulating the importation of such equipment into Kuwait on the bases provided for in the laws in force.
(k) Grant type approvals, and regulate the importation and use of personal communications equipment required for individual and private uses or for use in specified areas, and monitor such use, taking into account that their frequencies do not interfere with the frequencies of the operating companies and other entities.
(l) Collect information relating to the communications and information technology sectors in order to prepare and issue reports, publications and user guidelines, and prepare 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.
(m) Trace the source of any Radio Waves to verify the licensing of that source, without prejudice to the confidentiality of messages, and subject to the provisions of the laws in force, particularly Law No. 9 of 2001 referred to above, in implementation of the constitutional right to the guarantee of personal freedom.
(n) Issue 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, together with a statement of the Authority’s future plans, and publish this report.
(o) Review and evaluate the extent of the need to amend the level of regulation of each communications and information technology service, or of any type or category thereof, taking into account competition factors, provided that the review and the nature of the evaluation are based on a research study.
(p) Propose draft regulatory laws to keep pace with the rapid development of the communications and information technology sectors and submit them to the Council of Ministers through the competent Minister, and prepare the systems and regulations and lay down the instructions relating thereto.
(q) 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.
(r) Lay down the mechanisms necessary to resolve disputes arising between suppliers and service providers that are referred to it by one or all of the parties to the dispute, adopt the regulations on the resolution of disputes relating to the global information network (the Internet), and lay down the technical and operational conditions and specifications relating to national security with which compliance shall be required.
(s) Assign, regulate and manage the addressing of domain names for access to the global information network (the Internet).
(t) Represent the State of Kuwait at meetings, conferences, symposia and other international forums relating to communications and information technology affairs falling within the competence of the Authority.
(u) Determine and update the ceiling of prices and charges for communications and information technology services provided to users, and monitor them, ensure the preservation of competition and the absence of monopoly, and oblige the Licensee to promptly take all necessary technical measures to remove any materials, sites, programmes or any other content that violate the laws in force in the country and anything that affects public order and public morals.
(v) Any other tasks assigned to it by the Council of Ministers within the framework of keeping pace with technical development in the field of communications.
(w) Qualify and train the Authority’s employees so as to enable them to perform their duties.

* Clause (m) replaced, and Clause (w) added, by Law No. 98 of 2015 (Kuwait Al-Youm, Issue No. 1249, 16 August 2015).

Article 4

Board of Directors of the Authority:
(a) The Board of Directors of the Authority shall be composed of seven members of experience and competence, appointed by decree upon the nomination of the competent Minister, provided that four of them are full-time members; all of them shall be appointed for a term of four years, renewable once only.
(b) The decree referred to in Clause (a) of this Article shall name, from among the members of the Board, the Chairman of the Board of Directors, who shall be responsible for the administrative, technical and financial affairs of the Authority and shall represent the Authority before third parties and before the courts; the Executive Regulations shall determine his powers.
(c) The Authority shall have a Deputy Chairman appointed by decree, and the Chairman may delegate to him such of his powers as he deems fit.
(d) A member of the Board of Directors shall be a Kuwaiti natural person of integrity, against whom no final judgment of bankruptcy, or of a custodial penalty for a felony or a misdemeanour involving dishonour or breach of trust, has been issued, unless he has been rehabilitated, and shall hold at least a university degree as a minimum.

Article 5

(a) Members of the Board of Directors of the Authority or its employees, or any of their first-degree relatives, may not, during the term of their membership or employment therein, have any direct or indirect benefit or interest connected with investment in the communications sector, or any other interest that conflicts with their positions or functions therein.
All employees of the Authority shall be subject to Decree No. (24) of 2012 referred to above.
(b) Members of the Board of Directors of the Authority and its employees shall be prohibited, during their period of service with the Authority, from carrying out any work, 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. Nor may any of them carry out such work or service within six months from the date of leaving service, except with the approval of the Council of Ministers in respect of members of the Board of Directors, and the approval of the Chairman of the Authority in respect of the Authority’s employees. Any employer shall be prohibited from employing, or assigning any work or service to, any of the members of the Board of Directors of the Authority or its employees in violation of this Article.

* Clauses (a) and (b) replaced by Law No. 98 of 2015 (Kuwait Al-Youm, Issue No. 1249, 16 August 2015).

Article 6

The seat of membership of the Board of Directors of the Authority shall become vacant in the following cases:
1. Resignation.
2. Expiry of the term of membership.
3. The member’s absence from three consecutive meetings, or six non-consecutive meetings, of the Board’s meetings during the year without an excuse accepted by the Board.
4. If it is established that he has a direct or indirect interest in the field of communications or information technology, in violation of Article (5) of this Law.
5. If a final judgment is issued against him convicting him of a felony or a misdemeanour involving dishonour or breach of trust.
6. If a final judgment is issued against him declaring his bankruptcy.
7. Inability to perform the duties entrusted to a member of the Board for health reasons, or death.
Where membership ends, a substitute member shall be appointed in accordance with the provisions of Article (4) of this Law to complete the term of the member whose membership has ended, within a period not exceeding one month from the date on which it ended.

Article 7

The Council of Ministers shall determine, by a resolution thereof, the remuneration of the full-time and part-time members of the Board of Directors.

Article 8

The Board of Directors shall exercise all the powers necessary for the Authority to perform its functions, in particular the following:
(a) Setting and updating the plans and programmes relating to the implementation of the general policy of the State in the communications and information technology sectors.
(b) Approving the grant of licences and permits relating to the establishment, operation and management of Public Communications Networks, the provision of communications and information technology services to users, and the establishment and operation of International Communications Infrastructure and International Access Infrastructure, on the basis of determining the mechanism for announcing licences, the conditions for granting them and the period of time required to grant them from the date on which applications close.
(c) Approving the renewal, amendment or cancellation of such licences, and announcing the decisions issued in this regard.
(d) Setting the conditions and controls relating to the grant of licences and new permits to operators who obtained, before the establishment of the Authority, rights, permits, contracts or an assignment of a resource for the provision of communications and information technology services, relating to the use of Radio Frequencies and the internet.
(e) Regularising the status of existing operators in accordance with the provisions of the Law, and regularising the status of existing networks owned by the private sector or by the State, except networks owned by the security institutions of the State, in accordance with the provisions of this Law.
(f) Approving the policies of the Authority, in particular those relating to encouraging competition, preventing monopoly, the allocation and assignment of the Radio Frequency Spectrum, and the provision of services.
Obliging the Licensee to provide and install, at its own expense, the devices, equipment, software, computers and all techniques and technology capable of preventing and blocking unlawful materials, links and websites, and of collecting the information and data passing through it or by means of it, or via satellites, sea lanes, Radio Waves or any other emerging means, whether by use of the internet or any other public or private communications network.
(g) Setting the bases for determining the prices and charges of communications and information technology services provided to users, in line with the actual state of competition in the provision of the service and its level, and monitoring their application.
(h) Determining the prices and charges of communications services provided to Beneficiaries where competition is absent or weak.
(i) Following up the application of penalties to those who violate the conditions of the licence and the provisions of this Law.
(j) Proposing recommendations relating to the allocation of land for the benefit of Licensees in accordance with the provisions of this Law and the legislation in force.
(k) Deciding on complaints submitted to the Authority by users and Licensees, setting the criteria for resolving internet disputes and taking the necessary measures in their regard, except for disputes relating to financial entitlements arising from the application of agreements in force.
(l) Forming the advisory committees necessary to assist the Authority in carrying out the duties entrusted to it.
(m) Adopting the technical rules and standards for connecting personal communications equipment and other wired or wireless equipment to Public Communications Networks, adopting the procedures for bringing such equipment into Kuwait, and publishing them in the Official Gazette and any other means of announcement the Board deems fit.
(n) Regulating access to communications networks and the conditions of interconnection between them, in accordance with instructions issued by the Authority for this purpose; approving the interconnection agreements referred to in Article (25) of this Law and ensuring that the agreements do not violate those instructions, taking into account the conditions of any licence granted by the Authority or any agreement concluded with the Ministry before the provisions of this Law came into force.
(o) Adopting a national numbering plan for Public Communications Services and allocating numbers to those services and their providers in accordance with objective and transparent bases, without any discrimination.
(p) Approving and issuing the instructions necessary for applying the policy relating to the Universal Service of communications and information technology.
(q) Identifying the public projects and services relating to raising the level of communications and information technology in the State that require support from the Public Treasury owing to their lack of economic feasibility in the private sector, and determining the manner of providing support so as to achieve the advancement of services in both sectors.
(r) Determining the revenues accruing to the State from licences and permits, and determining the consideration payable to the Authority.
(s) Appointing one or more internal and external audit offices.
(t) Approving the draft annual estimated budget of the Authority, and adopting the annual report issued by the Authority, the draft annual balance sheet, the final accounts and the report of the external auditor.
(u) Approving the organisational structure and job descriptions of the executive apparatus of the Authority.
(v) Approving the Board of Directors’ regulation organising the work of the Board and setting out the rights and duties of its members.
(w) Approving the Authority’s employment affairs regulation, which includes the rules for the appointment, promotion, discipline, salaries and remuneration of employees, in-kind and financial benefits, and all other civil service matters.
(x) Setting the rules and provisions for conducting tenders and auctions relating to the Authority.
(y) Approving the internal rules of procedure of the Authority and the financial, administrative and accounting regulations necessary for the work of the Authority.

* Clauses (v), (w), (x) and (y) added by Law No. 98 of 2015 (Kuwait Al-Youm, Issue No. 1249, 16 August 2015).

Article 9

The Board shall have the right to decide to exclude any of the Licensees from applying for a new licence, and shall have the right to reject any change in the ownership of licences and contracts, if it considers that their participation in the competition, or that such change, would lead to an uncompetitive situation in the market.
Whoever has had his application excluded may resort to the Dispute Resolution Committee to challenge the rejection decision within a period of (60) days; if he does not resort to that Committee, his action shall be deemed inadmissible before the administrative judiciary.

* The last paragraph added by Law No. 98 of 2015 (Kuwait Al-Youm, Issue No. 1249, 16 August 2015).

Article 10

The Board of Directors may contract with, or cooperate with, specialised scientific, technical or legal bodies, entities, institutions or companies to carry out some of the functions or tasks of the Authority, provided that this is in accordance with the bidding procedures specified by the internal regulation of the Authority.

* Replaced by Law No. 98 of 2015 (Kuwait Al-Youm, Issue No. 1249, 16 August 2015).

Article 11

The Board of Directors shall meet at the invitation of the Chairman, or of the Deputy Chairman when so assigned, at least once every month and whenever necessary. Its meeting shall be valid if attended by a majority of the members, provided that the Chairman or the Deputy Chairman is among them, and it shall take its decisions by a majority of the votes of those present; in the event of a tie, the side of the chairman of the meeting shall prevail.
The Chairman shall invite the Board of Directors to meet upon a written request from at least three of its members, within a period not exceeding seven days from the date of his receipt of the request. The Board may decide to invite any person of experience and specialisation to seek his opinion, and may form one or more technical or advisory committees to advise it or the Authority, after it is established that such persons or members have no direct or indirect interests with the Authority, and may approve the payment of remuneration to those whose opinions and expertise are sought and to the members of such committees who are not employees of the Authority. The Chairman shall select, from among the employees of the Authority, a Secretary of the Board, who shall organise its agenda, record the minutes of its meetings, keep its records and transactions, and carry out any tasks assigned to him by the Board of Directors. The Board may publish the decisions relating to service providers and licences, and the principal decisions, in the Official Gazette.

* The second paragraph replaced by Law No. 98 of 2015 (Kuwait Al-Youm, Issue No. 1249, 16 August 2015).

Article 12

The Authority shall seek to provide its own financial resources sufficient for its operation. The financial resources of the Authority shall consist of the following sources:
(a) Fees for issuing and renewing licences and permits.
(b) The charges and revenues collected by the Authority for the services it provides, or the amounts it collects as fines or penalties as provided for in this Law or the Executive Regulations.
(c) Any other resources approved by the Council of Ministers.
The surplus of the revenues realised by the Authority in any financial year shall revert to the State Public Treasury, after deducting such reserves as the Council of Ministers decides, at a minimum of 10%.

Article 13

The Authority shall have an independent budget, which shall begin with the financial year of the State and end at its end, provided that the first financial year shall begin from the date on which this Law comes into force and run until the end of the following financial year.

Article 13 bis

The Chairman of the Authority shall have the competences vested in the Minister of Finance with regard to the implementation of the Authority’s budget.
The Board of Directors shall exercise the powers prescribed for the Civil Service Council and the Civil Service Bureau with respect to the employees of the Authority.

* Added by Law No. 98 of 2015 (Kuwait Al-Youm, Issue No. 1249, 16 August 2015).

Article 14

The Authority shall replace the Ministry of Communications and any other entities within the limits of the competences entrusted by the Law to the Authority. This shall take effect six months after the issuance of the Executive Regulations of the Authority.

Article 15

All service providers, or those permitted to own or operate communications networks or to use wireless waves, shall regularise their status in accordance with the provisions of this Law within a period not exceeding one year from the date of publication of the Executive Regulations of the Authority.

Chapter Three – Licensing of Communications Networks and Services

Article 16

Public Communications Networks may not be established, operated or managed, nor may the Public Communications Service, internet services, or International Communications or fixed communications be provided, nor may any of the foregoing be advertised, except after obtaining a licence from the Authority in accordance with the provisions of this Law and its Executive Regulations.
State-owned public networks shall be subject to the provisions of this Law.

Article 17

The Authority may issue instructions specifying the types of Private Communications Networks and the technical guidelines and conditions for their establishment and operation. The Authority may make the establishment of certain types of such networks subject to its approval as necessity requires, after obtaining approvals from the Ministry of Health and other entities responsible for the safety of residential areas, where such networks include towers.

* Replaced by Law No. 98 of 2015 (Kuwait Al-Youm, Issue No. 1249, 16 August 2015).

Article 18

Subject to the provisions of Article (17) of this Law, Private Communications Networks may be established and operated without obtaining a licence therefor from the Authority, except for the licence required for the use of Radio Frequencies.

Article 19

Private Communications Networks may not be interconnected with one another except through access via the public networks, in accordance with a written agreement between the owners or operators of such networks, as the case may be, and in accordance with instructions issued by the Authority containing the technical guidelines and conditions necessary for interconnection, and the Authority may make the interconnection of certain types of such networks subject to its approval where need so requires, in a manner that ensures the principle of competition and the absence of monopoly.

Article 20

No person who owns, operates or manages a Private Communications Network may provide Public Communications Services through that network.

Article 21

(a) The Authority may decide on the establishment, operation and management of Public Communications Networks, or the provision of the Public Communications Service, International Access Infrastructure or international access services, and fixed communications infrastructure or fixed communications service, which depend on the scarce resources of the State (frequencies and numbering) and optical fibres, for the entire State or a part thereof. In this case, the Board shall announce, in the manner it deems appropriate, the licensing decision and the instructions relating to the procedures and criteria for selecting the Licensee, according to the nature of the service.
(b) The licensing of the service referred to in Clause (a) shall be by way of public bids in accordance with the bases and conditions approved by the Board.
(c) The Board shall set the conditions and controls for granting the other licences relating to the provision of Public Communications Services and International Communications, and shall open the submission of applications for such licences to all who meet the conditions.

Article 22

In addition to the technical conditions and any other conditions, the following matters shall be observed in the procedures for granting the licence:
(a) That all those wishing to obtain the licence be given the opportunity to submit their offers or applications if they meet the conditions specified by the Authority.
(b) That the offer or application be based on an undertaking to provide the service to all those wishing to obtain it within a reasonable period and at fair charges.
(c) That the elements of the offer be based on fair and lawful competition with the holders of previous licences.

Article 23

A Licensee of Public Communications Services that holds a dominant position shall, upon request by any other public communications licensee, accept access to its communications network on equitable and reasonable conditions specified by the Authority. The Authority may, where necessary, oblige the dominant public communications Licensee to allow access to the infrastructure owned by the party dominant over the service, in accordance with the rules and conditions issued by the Authority. If the Authority considers that the prices and conditions offered by the dominant Licensee for access are unacceptable or unjustified, it may determine the prices and conditions it deems appropriate in this regard.

Article 24

The licences provided for in Clause (a) of Article (21) shall be granted by Amiri Decree. The licences provided for in Clause (c) of Article (21) shall be issued by a decision of the Board, provided that they are governed by a contract of an administrative nature which shall include, in addition to any other conditions provided for in this Law or the regulations issued thereunder, the determination of the revenues due to the Authority for the licence, its term, the revenues for its renewal, and any lump-sum or periodic revenues or financial rights that the Licensee is required to pay.

Article 25

Each Licensee shall work to conclude interconnection agreements between itself and the other Licensees according to the requirements of each of their licences, provided that such agreements address all the conditions relating to the technical, operational, administrative, financial and commercial aspects that ensure the flexibility necessary for implementation by their parties, subject to observing the following:
(a) Preparing the agreements in accordance with the instructions issued by the Authority under Clause (j) of Article (3) of this Law.
(b) Including in the agreements the conditions for their termination, cancellation and amendment, and the measures to be taken as a consequence of either party violating any of their conditions.
(c) Considering the Authority’s approval of such agreements a precondition for their entry into effect.

Chapter Four – Frequency Management and Licensing of Frequency Use

Article 26

The frequency spectrum shall be considered national wealth, the use of which the Authority shall regulate under this Law, and the Authority shall prepare the tables, plans and registers necessary for this purpose as provided for in this Law. The part thereof allocated for civil uses shall be published to the public.
Where encroachment on such frequencies without obtaining a licence is established, the Authority may refer the users to the Public Prosecution for investigation under Law No. (1) of 1993 referred to above.

* The last paragraph added by Law No. 98 of 2015 (Kuwait Al-Youm, Issue No. 1249, 16 August 2015).

Article 27

(a) Subject to the provisions of Clause (b) of this Article, no person may use any Radio Frequencies unless he has obtained a licence to do so in accordance with the conditions specified by the Board.
(b) The armed forces and security agencies may, in coordination with the Authority, use the Radio Frequencies allocated and assigned to them without a licence, in a manner that does not cause interference with other frequencies. Military and security entities may use other allocated frequencies, provided that they obtain the approval of the Authority, are subject to the same licensing conditions applied to the other Licensees and do not harm the other Beneficiaries of Radio Frequencies; they shall, however, be exempted from licence fees.
(c) Subject to the provisions of any other law requiring a licence to operate broadcasting services, operators of such services, including radio, television, satellite broadcasting and receiving equipment, shall obtain the licence assigned by the Authority.

Article 28

The Council of Ministers may, upon a proposal by the Minister based on a recommendation of the Board, approve the adoption of the public tender method for granting licences to use the radio frequency spectrum in cases where the public interest so requires, provided that the amount of the revenues expected from this method shall not be the sole or principal reason for assessing such interest.

Article 29

The Board shall, after seeking the opinion of persons of expertise and specialisation, set a plan for the Assignment of radio frequencies, and shall review and amend it whenever necessary, provided that such plan takes into account the National Frequency Allocation Table, the National Frequency Allocation Plan, and the policies and objectives relating to the future uses of radio frequencies in the State.

Article 30

Subject to the exceptions provided for in Article (31) of this Law, no Radio Station may be acquired or used on the territory of the State or on board a ship or an aircraft registered in the State unless a licence has been obtained in accordance with the provisions of this Law; nor may a Radio Station be brought into the State unless the Authority has permitted its entry.

Article 31

(a) The armed forces and the security agencies shall be exempted from the provisions of Article (30) of this Law.
(b) The Board may exempt the following entities from the provisions of Article (30) of this Law:
1. Foreign ships and aircraft, and land transport and transit services, crossing the Kuwaiti territorial waters, airspace or territory, or berthing or landing at its ports or airports.
2. Foreign embassies, subject to reciprocity and to obtaining a renewable permit.

Article 32

(a) A Licensee licensed to use radio frequencies shall comply with the conditions and standards on the basis of which the licence was granted to it, including the following:
1. The radio spectrum frequencies assigned to it.
2. The type and specifications of both the antenna and the Radio Station.
3. The limits of the authorised geographical area relating to the mobile equipment station.
4. The site on which the antenna is erected.
5. The competence of the person operating the Radio Station.
6. Any other technical conditions that increase the efficiency of the use of frequencies.
(b) The Authority shall monitor the use of the radio frequencies assigned to the Licensee.

Chapter Five – Renewal, Amendment and Revocation of Licences

Article 33

The term of a licence for a Public Communications Network or of a licence to use frequencies shall be set for a specified period, and shall be renewed pursuant to instructions issued by the Authority.

Article 34

(a) Subject to the provisions of Clause (b) of this Article, the Board may decide to amend one or more of the licence conditions, and the following procedures shall be followed in the amendment:
1. The Board shall serve on the Licensee a written notice of the amendment, its reasons and the period set for its implementation, and the Licensee may submit its objection to such amendment within a period of (15) days; if the objection is rejected, the Licensee shall have recourse directly to the Dispute Resolution Committee.
2. The Board shall invite the objector to a discussion and to hear the reasons for its objection, and may, as a result, decide either to approve the amendment, to postpone its entry into force or to accept the objection; the decision shall be subject to appeal before the competent court.
(b) The licence conditions of one Licensee may not be amended without those of the other Licensees if the grounds necessitating such amendment also exist in the conditions of their licences.

* Clause (a-1) replaced by Law No. 98 of 2015 (Kuwait Al-Youm, Issue No. 1249, 16 August 2015).

Article 35

The Board may revoke the licence entirely, or for a particular service or in a particular area, if the Licensee commits a serious violation of the licence conditions, of the provisions of this Law and the regulations issued thereunder or of the Board’s instructions, or wrongfully causes serious harm to third parties, and fails to rectify its position within thirty days from the date on which a written warning is addressed to it by the Chairman, or if it delays the implementation of the Authority’s instructions for more than thirty days without a reason acceptable to the Board.

Article 36

The licence shall be revoked if the Licensee fails to pay the revenues prescribed for the renewal of the licence for more than thirty days after the due date without a reason acceptable to the Board.

Article 37

The licence shall be revoked if the Licensee fails to provide technical means to secure, preserve and store everything passing through it or by means of it, whether through the Internet, any other communications network or by any means whatsoever; the licence shall also be revoked by operation of law upon the liquidation of the Licensee, the declaration of its bankruptcy or its loss of legal capacity.

Article 38

A Licensee whose licence has been revoked in accordance with the Law shall not be entitled to claim any compensation or the refund of any revenues paid to obtain or renew the licence or for any other reason.

Article 39

The Licensee shall refrain from accepting new subscriptions as of the date on which it is notified of the revocation of the licence, and it may not continue to operate as of the date of revocation of the licence except to the extent necessary and required for the transfer of Subscribers to another Licensee and with the written approval of the Authority.

Article 40

A person whose licence has been revoked shall not be entitled to apply for a licence before the lapse of two years from the revocation of his licence.

Article 41

The decision to revoke the licence shall not prejudice the right of persons harmed by the Licensee’s violations to claim compensation from it, or the right of Subscribers to claim compensation from it or the refund of the fees due to them.

Article 42

The licence shall be personal and non-transferable, and the Board may approve the transfer or lease of the licence to another person in accordance with the prescribed conditions and rules.

* Replaced by Law No. 98 of 2015 (Kuwait Al-Youm, Issue No. 1249, 16 August 2015).

Chapter Six – Type Approvals and Authorisation of Communications Equipment

Article 43

(a) The Authority shall set 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. In setting such rules, the Authority shall coordinate with the other entities that set specifications in the State, and shall publish them in the Official Gazette and by any other means of announcement so that they are available to anyone wishing to view them.
(b) No person who provides Communications Services or supplies or sells communications equipment may use, supply or sell Communications Equipment that does not conform to the technical rules and standards set by the Authority.

Article 44

An importer, or a person wishing to bring in Communications Equipment whose specifications have not been announced, may apply to the Authority requesting it to issue its prior approval for the import of such equipment, provided that the application is supported by the manufacturer’s manual setting out its specifications, in coordination with the competent entities.

Article 45

The Board shall issue the instructions setting out the conditions and procedures for obtaining approval to bring Communications Equipment and Terminal Communications Equipment into the State, and to use, keep and trade in them.

Article 46

The circulation of eavesdropping devices of all kinds is prohibited, as is their sale or offering for sale. No party other than the competent official authorities, which shall be designated by decree, may possess eavesdropping devices of any kind, nor may any of these authorities use them without obtaining prior permission from the Public Prosecution, in the cases and in accordance with the procedures and provisions set out in the Kuwaiti Code of Criminal Procedures and Trials.

Chapter Seven – Monitoring of Licensees and Protection of Beneficiaries

Article 47

Every Licensee licensed to provide a Public Communications Service shall establish a special department to receive the complaints of Beneficiaries and Subscribers, and shall work to remedy the causes of complaints where they relate to the level and quality of the service or the manner in which it is provided.

Article 48

Subject to the provisions referred to in Clauses (g) and (h) of Article (8) of this Law, the Licensee may not increase the charges or reduce the prices of its services except after announcing the new charges and prices in two local daily newspapers at least seven days in advance, provided that they do not exceed what is set out in the terms of the licence agreement or in the instructions or decisions issued by the Authority in this regard. In all cases, the Licensee shall notify the Authority in advance of any amendments it makes to such charges and prices.

Article 49

If the Authority receives any complaint of a default by the Licensee, or of a dispute between the Licensee and Beneficiaries regarding the level of service or a violation of the licence conditions, the Authority may investigate the causes of the complaint and decide either to close the complaint or to notify the Licensee to remove the violation within (90) days.

Article 50

The Licensee shall submit to the Authority an annual report setting out the available technical or administrative and financial aspects that ensure the provision of the licensed service to Beneficiaries at the required level.

Article 51

Telephone calls and private communications are confidential matters whose sanctity may not be violated, and they may not be subjected to monitoring by any means whatsoever except after obtaining permission from the competent judicial authority.
The Public Prosecution may, whenever the interest of the investigation of a crime so requires, issue an order to trace the source of waves, and may seek the assistance of specialists from the Authority to carry out such work, provided that this is under its supervision; and the investigator may assign police officers to listen to such source and record it in order to convey its content to him.
The order shall clearly specify the wave whose source is to be traced, and such order shall not continue for a period longer than the necessity of the investigation requires.

* Replaced by Law No. 98 of 2015 (Kuwait Al-Youm, Issue No. 1249, 16 August 2015).

Article 52

The Authority may, in agreement with the Licensee, set the rules and procedures to be followed when the Licensee receives nuisance complaints, the procedures for verifying such complaints, and the rules necessary to reduce nuisance communications in general.

Article 53

(a) The Communications Service may not be blocked from or cancelled for Beneficiaries unless the Beneficiary has caused material damage to the network while using the service, or has used the Communications Service in a manner contrary to the legislation in force or to public morals, or has failed to pay the fees and charges due from him despite having been warned in writing.
(b) In no case may the Communications Service be disconnected from Beneficiaries as a result of financial, administrative or technical disputes between Licensees, except in accordance with the procedures set out in the interconnection agreements concluded in accordance with the provisions of Article (25) of this Law; excepted from this is the disconnection of the service pursuant to permission issued by the competent judicial authority, provided that the disconnection is for a temporary period, justified and in accordance with the law.
The Attorney General or the President of the competent Felonies Circuit may issue an order to prevent, block or suspend any materials, links or websites relating to communications or information technology, where necessary for the investigation, temporarily for a period of two weeks, which may be renewed for further periods.

* Clause (b) replaced by Law No. 98 of 2015 (Kuwait Al-Youm, Issue No. 1249, 16 August 2015).

Article 54

The Authority shall verify the Licensees’ compliance with the terms and provisions of the Law, and may take any measures it deems appropriate for this purpose, including:
(a) Conducting physical inspections of network sites and Communications Equipment.
(b) Examining the Licensee’s technical records and verifying the soundness and accuracy of the systems used for issuing invoices.
(c) Verifying the level of the service provided to Beneficiaries and their complaints.
(d) Reviewing the Licensee’s maintenance and fault records to verify the effectiveness of service management.

Article 55

One or more Dispute Resolution Committees from outside the Authority shall be formed by a decision of the Chairman of the Board, each chaired by a counsellor nominated by the Supreme Judicial Council or the Head of the Fatwa and Legislation Department, as the case may be. Their function shall be to decide all disputes arising between the Authority and any licensed operator, or between the operators themselves; they shall also decide the grievances submitted by operators or others against the decisions and measures of the Authority or those directly related to its work.
The decision issued by the Chairman shall specify the number of members of the committee, provided that it is an odd number not exceeding five persons of expertise and specialisation; the Executive Regulations of the Law shall specify the procedures and organisational rules to be followed before these committees, and the parties concerned may appear before the committee and submit their memoranda and defences regarding the disputes pending before it.
The decisions issued by the committee shall be binding on the parties to the dispute, and a grievance against them may be lodged before the courts. In all cases, recourse to the courts may not be had before recourse to this committee in the matters within its competence, and the committee shall decide the disputes brought before it within one month from the date of submission of the grievance or request. The matters subject to grievance shall be heard before the courts accompanied by the technical report prepared by the Authority.

Chapter Eight – Competition Provisions

Article 56

The Licensee may not engage in any conduct, perform any act or refrain from any act that would have the effect of preventing, restricting or distorting competition in any commercial activity relating to the communications sector in the State, where the act or omission has occurred in connection with the operation of a communications network or the provision of a Communications Service.

Article 57

The conduct, act or omission referred to in the preceding Article shall be deemed to hinder, prevent or distort competition if it takes any of the following forms:
(a) The exploitation by the Licensee, alone or jointly with others, of a dominant position in the market or in a substantial part thereof.
(b) Agreement with others with the aim of preventing or restricting competition in the market, as determined by the Executive Regulations of the Law.
(c) Providing the parties concerned with capabilities that would restrict competition in the market.
(d) Making changes to the market structure that would prevent or restrict competition, in particular mergers in the communications sector; the Authority may issue the controls relating to conduct, acts or omissions that hinder or restrict competition.

Article 58

The Authority shall have competence to determine whether the conduct, act or omission would prevent or restrict competition pursuant to the provisions of the preceding Article of this Law, taking into account the provisions of the regulations and decisions issued for the purpose of ensuring competition in the communications sector and the general principles included in the licence.
Before issuing a decision in this regard, the Authority shall conduct the investigations it deems necessary, request any information or data from the Licensee or summon any person to express his point of view on the matter; and before issuing the decision, it shall notify the Licensee of the reasons on which it relies in issuing it and of the procedures the Licensee is required to follow to avoid its issuance.
The Authority shall notify the Licensee of the decision it issues in this regard, may notify any other person concerned, and shall take the measures necessary to remove the causes of the violation at the expense of the violator.

Chapter Nine – Judicial Police Powers

Article 59

(a) The employees vested with the capacity of judicial police officers pursuant to the provisions of this Law and the regulations and decisions issued in implementation thereof shall be designated by a decision of the Minister in coordination with the Authority.
(b) Without prejudice to Law No. (17) of 1960 referred to above and the other laws in force in the State, the employees of the Authority referred to in Clause (a) of this Article shall have the power to monitor the implementation of the provisions of this Law and of the regulations, decisions and orders issued in application thereof, and shall have the right to enter the premises in which communications equipment, networks or facilities, or all or part of the infrastructure used in communications services, are located or are suspected to be located, in order to inspect them and to seize any communications devices or equipment that are not licensed or authorised, or that are used in an unlicensed activity, or whose use would cause interference with or harm to the existing communications systems. For this purpose, such employees shall have the right to:
1. Request and examine the licences, books, records, documents and all papers relating to communications activity.
2. Inspect and examine any Communications Equipment, communications facility or any other facilities connected with the provision of a Communications Service or with the establishment, operation or ownership of a communications network.
3. Access any other information or documents, in any form whatsoever, connected with the provision of Communications Services.
(c) The employees referred to in the preceding paragraph shall have the right to enter any aircraft, ship, boat or any vehicle landing or berthing in the State in order to inspect any radio communication stations or equipment on board relating to a communications frequency, or to examine the papers and documents relating thereto.
(d) Any person is prohibited from preventing or obstructing any of the employees vested with monitoring and inspection powers from performing the duties and exercising the powers provided for in this Article.
(e) The civil and military authorities and the public security forces shall provide the employees of the Authority vested with judicial police powers with every possible assistance to carry out their work in seizing violations.

* Clause (b) replaced by Law No. 98 of 2015 (Kuwait Al-Youm, Issue No. 1249, 16 August 2015).

Article 60

(a) The employees of the Authority may seize any Communications Equipment or devices that are unlicensed, in violation of the law, or used in an unlicensed activity, against a written receipt stating the type of the equipment and its specifications, deliver such equipment to the Authority, and refer the matter to the competent authority.
(b) Seized items that are not eligible for licensing shall be confiscated; equipment that is permitted to be licensed shall be retained until it is licensed.
(c) If the seized equipment is not licensed, or its owner does not request its return, within six months from the date of its seizure, the Board may issue a decision to confiscate it.
(d) Equipment ordered to be confiscated shall be disposed of in the manner determined by the Board.
(e) The confiscation of violating equipment shall not preclude the imposition of the other criminal penalties provided for in this Law or any other law.

* Clause (a) replaced by Law No. 98 of 2015 (Kuwait Al-Youm, Issue No. 1249, 16 August 2015).

Article 61

If the inspection reveals a suspicion that any of the crimes provided for in this Law or any other law has been committed, the Authority shall notify the Public Prosecution to take the appropriate measures.

Article 62

(a) The Authority shall have the right to trace the source of any Radio Waves to verify the licensing of that source, without this being deemed a breach of the confidentiality of messages or a violation of the provisions of the laws in force.
(b) The content of messages intercepted in the course of tracing the source of a message under Clause (a) of this Article may not be published or disseminated, and an employee who publishes or disseminates the content of such messages shall be punished with the penalties prescribed by law.

Article 63

Subject to the provisions of other laws, and with the exception of the crimes provided for in Articles (67 – 80) of this Law, the Board may accept a settlement of any violation of the provisions of this Law before it is referred to the competent court, in return for a monetary fine not exceeding the amount of the fine prescribed in this Law, to be paid directly to the Authority.

* Replaced by Law No. 98 of 2015 (Kuwait Al-Youm, Issue No. 1249, 16 August 2015).

Chapter Ten – Sanctions and Fines

Article 64

If a violation of the provisions of this Law, or of the regulations or decisions issued in implementation thereof, is established, the Authority 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 months.
(c) Removing the violation at the expense of the violator.
(d) Reducing the services licensed to it by no more than one service for each violation.
(e) Reducing the term of the licence granted to it by a period not exceeding half the term of the licence.
(f) Collecting a financial fine not exceeding one million Kuwaiti Dinars for each violation.
(g) Seizing and securing the equipment, devices and machines seized 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.

Article 65

The person concerned may request the Authority to review its decision within one month from the date of being notified thereof, on the basis of grounds that were not before the Authority when the decision or measure was issued. The Authority shall decide on the request within thirty working days from the date of its submission, and the Authority shall communicate its decision to the applicant within one week of taking the decision.

Chapter Eleven – Crimes and Penalties

Article 66

Any member of the Board of Directors of the Authority who violates the provisions of Article (5) of this Law shall be punished with a fine not exceeding fifty thousand Kuwaiti Dinars and not less than five thousand Kuwaiti Dinars, and the termination of his membership shall be ordered.
Any employee of the Authority who violates the provisions of the Article referred to in this Article shall be punished with a fine not exceeding twenty thousand Kuwaiti Dinars and not less than two thousand Kuwaiti Dinars, and his dismissal from his post shall be ordered.
Any employer who violates the provisions of the Article referred to in the first paragraph of this Article shall be punished with a fine not exceeding one hundred thousand Kuwaiti Dinars and not less than ten thousand Kuwaiti Dinars.

Article 67

Any person who publishes or discloses the content of any communication made through a Public or Private Communications Network, or of a telephone message, which he came to know by virtue of his office, or who records it without legal basis, shall be punished with imprisonment for a period not exceeding one year and a fine not exceeding five thousand Kuwaiti Dinars and not less than two hundred Kuwaiti Dinars, or either of these two penalties.

Article 68

(a) Any person who intentionally sabotages communications facilities or causes damage to them shall be punished with imprisonment for a period not exceeding three years and a fine not exceeding fifty thousand Kuwaiti Dinars and not less than five thousand Kuwaiti Dinars, or either of these two penalties, and the penalty shall be doubled if his act results in the disruption of communications traffic.
(b) Any person who, through negligence, causes the sabotage of communications facilities or damage to them shall be punished with imprisonment for a period not exceeding one year and a fine not exceeding five thousand Kuwaiti Dinars and not less than five hundred Kuwaiti Dinars, or either of these two penalties.
In both cases, the court shall order the convicted person to pay the cost of repairing what he has damaged.

Article 69

Any person who uses, or assists in using, unlawful means to make communications without paying the fees shall be punished with imprisonment for a period not exceeding two years and a fine not exceeding ten thousand Kuwaiti Dinars, or either of these two penalties.

Article 70

(a) Any person who intentionally misuses telephone communication means shall be punished with imprisonment for a period not exceeding one year and a fine not exceeding two thousand Kuwaiti Dinars and not less than two hundred Kuwaiti Dinars, or either of these two penalties.
(b) Any person who, by any means of communication, sends messages of threat or insult, or messages contrary to public morals, or conveys fabricated news with the intent of causing panic, shall be punished with imprisonment for a period not exceeding two years and a fine not exceeding five thousand Kuwaiti Dinars, or either of these two penalties.
(c) Any person who intentionally offends or defames another by using a device or any means of communication or otherwise to capture one or more photographs or a video clip of him without his knowledge or consent, or who exploits the capabilities of such devices and extracts photographs from them without his permission, or who fabricates a photograph of other persons that is indecent to public morals, shall be punished with imprisonment for a period not exceeding two years and a fine not exceeding five thousand Kuwaiti Dinars and not less than five hundred Kuwaiti Dinars, or either of these two penalties.
(d) Any person who, by means of communication devices or means, sends the photographs described in the preceding paragraph, or any photograph or video clip indecent to public morals, to other persons, or publishes or circulates them by any means whatsoever, shall be punished with imprisonment for a period not exceeding three years and a fine not exceeding five thousand Kuwaiti Dinars and not less than five hundred Kuwaiti Dinars, or either of these two penalties.
(e) If the acts referred to in Clauses (c – d) of this Article are coupled with threats or extortion, or involve the exploitation of the photographs by any means to commit an indecent act, to violate honour, or to incite debauchery and immorality, the penalty shall be imprisonment for a period not exceeding five years and a fine not exceeding ten thousand Kuwaiti Dinars and not less than one thousand Kuwaiti Dinars, or either of these two penalties.
(f) Any person who provides, or participates in providing, communications services contrary to public order or public morals shall be punished with the penalties provided for in Clause (b) of this Article, in addition to the application of the provisions set out in Article (35) of this Law.
In all cases, the confiscation of the communications devices and means, and of any other items used in committing the crime, shall be ordered, and the erasure and destruction of the photographs and video clips obtained shall also be ordered.

* Clause (e) replaced by Law No. 98 of 2015 (Kuwait Al-Youm, Issue No. 1249, 16 August 2015).

Article 71

Any person who intercepts, obstructs, alters or deletes the contents of a message through communications networks, or encourages another to do so, shall be punished with imprisonment for a period not exceeding one year and a fine not exceeding three thousand Kuwaiti Dinars and not less than three hundred Kuwaiti Dinars, or either of these two penalties.

Article 72

Any person who withholds a message that he is required to convey through communications networks to another person, or refuses to convey messages that he has been requested to convey, whether by the Licensee or the Authority, or who copies or discloses a message, or tampers with data relating to a Subscriber, including unlisted telephone numbers and sent or received messages, shall be punished with imprisonment for a period not exceeding two years and a fine not exceeding five thousand Kuwaiti Dinars and not less than five hundred Kuwaiti Dinars, or either of these two penalties.

Article 73

(a) Any person who establishes, operates or manages a Public Communications Network for the purpose of providing Public Communications Services in violation of the provisions of this Law shall be punished with imprisonment for a period not exceeding three years and a fine not exceeding fifty thousand Kuwaiti Dinars and not less than five thousand Kuwaiti Dinars, or either of these two penalties.
(b) Any person who establishes, operates or manages a Private Communications Network in violation of the provisions of this Law shall be punished with imprisonment for a period not exceeding one year and a fine not exceeding five thousand Kuwaiti Dinars and not less than five hundred Kuwaiti Dinars, or either of these two penalties.

Article 74

Any person who uses a Public or Private Communications Network in an unlawful manner, or connects his network to another communications network without right, or obstructs the services provided by other communications networks, or endangers the national interest, shall be punished with imprisonment for a period not exceeding two years and a fine not exceeding twenty thousand Kuwaiti Dinars and not less than five hundred Kuwaiti Dinars, or either of these two penalties.

Article 75

(a) Any person who intentionally takes any action to intercept, jam or cut off Radio Waves assigned to others shall be punished with imprisonment for a period not exceeding two years and a fine not exceeding twenty thousand Kuwaiti Dinars and not less than two thousand Kuwaiti Dinars, or either of these two penalties.
(b) Any person who intentionally uses Radio Waves without licences, with the exception of Radio Waves that do not require a licence pursuant to Article (76) of this Law, shall be punished with imprisonment for a period not exceeding one year and a fine not exceeding ten thousand Kuwaiti Dinars and not less than two thousand Kuwaiti Dinars, or either of these two penalties, and the court may double the penalty if the frequencies are used for commercial purposes.
In all cases, the court shall order the confiscation of the equipment used.

Article 76

Any person who brings in communications equipment in violation of the provisions of Article (30) of this Law shall be punished with imprisonment for a period not exceeding one year and a fine not exceeding five thousand Kuwaiti Dinars and not less than five hundred Kuwaiti Dinars, or either of these two penalties, and the confiscation of the non-conforming equipment shall be ordered; excepted from this are Radio Waves that do not require a licence according to the International Telecommunication Union (ITU).

Article 77

Any person who brings into the State, trades in or keeps communications equipment that violates the technical rules or bears incorrect manufacturer data, in violation of the provisions of Articles (43 – 45) of this Law, shall be punished with imprisonment for a period not exceeding one year and a fine not exceeding five thousand Kuwaiti Dinars and not less than five hundred Kuwaiti Dinars, or either of these two penalties.

Article 78

Any person who possesses or uses eavesdropping devices of any kind shall be punished with imprisonment for a period not exceeding one year and a fine not exceeding five thousand Kuwaiti Dinars and not less than five hundred Kuwaiti Dinars. The penalty shall be doubled for any person who uses such devices to record or transmit conversations conducted through communications equipment. In all cases, the confiscation of the devices and of any other items that may have been used in this crime shall be ordered, and the erasure and destruction of the recordings obtained shall also be ordered.

Article 79

Any person who keeps or operates a Radio Station in violation of the provisions of this Law shall be punished with imprisonment for a period not exceeding one year and a fine not exceeding five thousand Kuwaiti Dinars and not less than five hundred Kuwaiti Dinars, or either of these two penalties.

Article 80

In addition to the penalties provided for in Articles (74) and (75) of this Law, the competent court may, at the request of the Authority, order the violator to pay an amount not less than twice the fees that would have been due for licensing that service had it been licensed, as civil obligations in favour of the Authority.

Article 81

The preceding Articles shall not preclude the right of the injured party to claim compensation and the civil right in respect of any violation of the provisions of these Articles.

Article 82

The court may double the penalty for the crimes set out in Articles (68) to (80) in the event of repetition.

Article 83

Without prejudice to the liability of natural persons, a juristic person shall be held criminally liable if any of the crimes provided for in this Law is committed in its name or for its account or by using its equipment or network, and this was the result of an act, gross negligence, consent or concealment on the part of any member of the Board of Directors, the manager, any other official, or any person acting in that capacity.
The juristic person shall be punished with twice the fine prescribed for the crime in accordance with the provisions of this Law, and this shall not prejudice the criminal liability of natural persons in accordance with the provisions of the law.

Chapter Twelve – Final Provisions

Article 84

If the Licensee violates the conditions of the licence or refrains from providing the service, the Authority may, by a reasoned decision, take over the supervision of the operation of the licensed communications network, or assign its management to a third party, for the period it deems appropriate.

Article 85

Licensees or injured parties shall not be entitled to claim any compensation for any damage resulting from the measures taken under the provisions of Article (84) of this Law.

Article 86

(a) All those licensed or authorised to own and operate communications networks or to use Radio Waves shall regularise their status in accordance with the provisions of this Law and obtain the necessary licences in accordance with the provisions of this Law within a period not exceeding one year from the date of its entry into force, provided that the new licence contracts include a detailed schedule of fines and sanctions as set out in the Law.
(b) As of the date of entry into force of this Law, the Authority shall become the legal successor of the Ministry of Communications or any other entities in all matters relating to the regulation of the communications and information technology sector and the issuance of licences or permits to operate communications networks or to use radio frequencies, and the information and documents relating to licences and permits in force shall be transferred to it.
(c) The Council of Ministers shall establish the controls, bases and procedures necessary for transferring the financial and real estate assets, equipment, devices and records of the communications sector owned by the Ministry of Communications to the Communication and Information Technology Regulatory Authority. The implementation of such controls and procedures shall be supervised by a higher committee chaired by the Competent Minister, to be formed by a decision of the Council of Ministers.

Article 87

The capital of the Authority shall consist of two shares, a cash share and an in-kind share:
First: The cash share: amounting to fifty million Kuwaiti Dinars, to be paid from the State General Reserve in a single instalment.
Second: The in-kind share: consisting of the movable and immovable assets that devolve to or are allocated to it. An independent specialised entity selected by the Council of Ministers shall undertake the valuation of all assets allocated to or devolving to the Authority, and the Executive Regulations of this Law shall regulate the procedures that this entity shall follow in its work, provided that it completes its task by the date specified in the contracts concluded with it. The valuation shall be approved by the Council of Ministers after being presented to the State Audit Bureau.
A decree shall be issued determining the capital of the Authority on a final basis, and it may be amended in the future by decree.
The losses of the Authority, if any, during the first three budgets shall be covered from the State General Reserve.

* Replaced by Law No. 98 of 2015 (Kuwait Al-Youm, Issue No. 1249, 16 August 2015).

Article 88

(a) The Board may, with the approval of the Council of Ministers, establish within the Authority a Fund that enjoys financial independence and has a special account.
(b) The Fund aims to increase the universality of communications and information technology services in the State and to contribute to the expansion and development of the infrastructure of such services, in accordance with the actual needs of population centres.
(c) The financial resources of the Fund shall consist of the following:
1. The amounts allocated to it, by a decision of the Council of Ministers upon the proposal of the Board, from the revenues provided for in Clause (a) of Article (12) of this Law.
2. The support provided to the Fund by Licensees upon the issuance or renewal of licences.
3. Any other resource approved by the Board.
(d) Matters relating to the regulation of the Fund’s work, the manner of its management and supervision, expenditure from it and all its other affairs shall be determined by a special regulation established for this purpose.

Article 89

(a) The Council of Ministers shall issue the regulations necessary for the implementation of this Law within six months from the date of its publication in the Official Gazette.
(b) Until the issuance of the regulation provided for in Clause (a) of this Article, the regulations issued under the laws in force, or under those repealed by this Law, shall continue to apply to the extent that the provisions of such regulations do not conflict with the provisions of this Law.

Article 90

Every provision that conflicts with the provisions of this Law shall be repealed.

Article 91

The Prime Minister and the Ministers, each within his own competence, shall implement this Law.

Issued on 8 May 2014 and published in the Official Gazette Kuwait Al-Youm on 18 May 2014.