authorization
from
the
Minister
charged
of
telecommunications after opinion of the commission
provided for in article 8 of the decree herein.
The authorization shall be granted against a receipt
certifying the depositing of the whole royalty amount
mentioned in article 4 of the decree herein for the benefit of
the general Treasury of the Republic of Tunisia.
The authorization shall be renewed for a similar period
and according to the same conditions and procedures of its
grant on the basis of a request delivered by the internet
service provider at least two months before the date of
expiry of the authorization period.
Art. 8 - Shall be established within the Minister charged
of telecommunications an advisory board charged notably
of the following:
- Examining and issuing opinions concerning the
requests of granting or renewing authorizations to provide
internet services,
- Issuing opinions concerning the files dealing with
infringement and sanctions,
- Issuing opinions on the requests of ending or
transferring authorizations,
- Issuing opinion on all the issues submitted by the
Minister charged of Telecommunications and which fall
within the scope of his attributions,
This commission is chaired by the Minister charged of
Telecommunications or his representative; it is made up of
the following members:
- A representative of the Ministry of National Defense,
- A representative of the Minister of the Interior,
A
representative
of
the
Minister
of
Telecommunications,
- A representative of the Minister charged of Trade,
- A representative of the national authority of
telecommunications,
- A representative of the Tunisian Union of Industry,
Trade and Handicrafts.
The commission’s members are appointed by decision
of the Minister of Telecommunications on a proposal from
the concerned Ministries and Entities.
The commission shall meet upon a call from its
president on the basis of an agenda forwarded, at least two
(2) weeks before the meeting, to the members. The
commission may meet only in presence of at least the
majority of its members, in case the quorum is not reached,
the commission shall hold a second meeting after ten (10)
days irrespective of the number of the present members. In
all cases, the commission issues its opinions by the majority
of the present members’ votes, and in the event of parity of
votes, the president has the casting vote.
The president of the commission may call, on an
advisory basis, every person whose contribution is deemed
necessary without voting rights.
The commission’s works are registered in a report
delivered to all its members within the ten (10) days
following the commission meeting.
N° 7
The departments of the general directorate of digital
economy, investment and statistics falling within the
Ministry charged of Telecommunications shall provide the
secretariat of the commission.
Chapter 4
Rights and duties of the service provider
Section1 – Rights of the service provider
Art. 9 - The provider of internet services, according to
the authorized activity scope, may benefit from the
following services and resources in accordance with the
legislation and regulation in force:
- The resources of IP numbering protocol in accordance
with the legislation and regulation in force,
- Addressing resources in accordance with the
legislation and regulation in force,
- Retail telecommunications services provided by the
operators of telecommunications public networks within the
framework of the offers approved by the national
telecommunications authority in relation with the nature of
the activity of the service provider,
- Services of physical colocation, common use of
infrastructure, the location of interconnection links
provided by the operators of telecommunication public
utilities networks within the framework of the
interconnection offers approved by the national
telecommunications authority,
- The services of location of connection capacity to the
internet international network and the services of location
of international links of telecommunications.
Art. 10 - The provider of internet services may provide
all the services linked to the nature of its activity.
Accordingly, he is authorized to achieve all the investments
or transactions required for the provision of these services,
such as the establishment of telecommunications
infrastructure or the over-capacity location of
telecommunications’ resources available on the networks of
public utilities in accordance with the provisions of the
code of telecommunications.
- These provisions do not exempt from the obligation to
obtain the licenses or authorizations when it is about an
activity that requires a license or an authorization in
accordance with the legislation and regulation in force.
Section 2 – The duties of the service provider with
regards to the State
Art. 11 - The provider of internet services is bound to:
- Provide all the information linked to the technical,
operational, financial and accounting issues, to the Ministry
of
Telecommunications
and
the
National
Telecommunications Authority, in accordance with the
methods fixed by the authority,
- Provide a model of the service contract to be
concluded with the customers, to the National
Telecommunications Authority for approval,
- Be able to meet the requirements of the national
defense, security and public safety in accordance with the
legislation and regulation in force,
Official Gazette of the Republic of Tunisia — 23 January 2015
Page 71