Having regard to decree n° 2008-3026 dated 15 September 2008, fixing the general conditions of using public telecommunications networks and access networks, as amended and completed by decree n° 2014-53 dated 10 January 2014, Having regard to the Republican order n° 2014-32 dated 29 January 2014, appointing the head of the Government, Having regard to decree n° 2014-413 dated 3 February 2014, appointing members of the Government, Having regard to the opinion of the competition council, Having regard to the opinion of the Administrative Tribunal, Having regard to the deliberation of the council of Ministers and after informing the President of the Republic, Decrees the following: Chapter one General provisions Article one - The decree herein fixes the granting conditions and procedures of the authorization to provide internet services, in accordance with the provisions of dash 29, 30 and 31 of article 2 and article 31 (quater) of the telecommunications code, as well as the obligations of the suppliers and the sanctions to which they are submitted in case of breaching the provisions of the decree herein. The activity of providing internet services may comprise the provision of internet services or the services of internet access or both. Art. 2 - The activity of providing internet services is submitted to a prior authorization from the Minister charged of telecommunications, after opinion of the Minister of the Interior and the National Authority of Telecommunications. The authorization provided for in sub-paragraph one of the article herein fixes the field of activity of the supplier of the service as well as his rights and duties according to the nature of his activity in accordance with the provisions of the decree herein. Chapter 2 Conditions to grant the authorization Art.3 - Every person aiming at obtaining an authorization of providing internet service shall meet the following conditions: - Concerning the natural person: having the Tunisian nationality and holding a diploma of higher studies or an equivalent one or a diploma of a certified training equivalent to the abovementioned degree in the scope of computer, telecommunications or multimedia, - Concerning the legal entity: being formed in accordance with the Tunisian law, having a minimum a social capital of one million of dinars, held by name or by Tunisian majority, - The natural person, a legal representative of the legal entity shall not have a criminal record and shall not be in a situation which does not comply with the operating conditions. Page 70 Art. 4 - The grant of the authorization of providing the internet services shall be submitted to the payment of a royalty estimated at one hundred and fifty dinars that shall be paid by the date of obtaining the authorization. Chapter 3 Procedures of granting the authorization Art. 5 - The requests for obtaining the authorization to practice the activity of providing internet services shall be submitted to the Ministry charged of telecommunications by a registered letter with acknowledgement of receipt or through a reliable electronic document, or by direct deposit within this Ministry against a receipt. These requests shall compulsory include the following documents: - One copy of the national identity card of the natural person or the legal representative of the legal entity, - Update 3 (criminal record) of the natural person or the legal representative of the legal entity, - One copy of the science degree of the natural person, provided for in article 3 of the decree herein, - One copy of the status of the legal entity, - A sworn statement to incorporate within a deadline of three months as from the date of obtaining the agreement in principle for the natural persons, - Certificate of non-bankruptcy or a sworn statement - A technical study of the suggested services and the technical aspects of the equipment and the adopted systems to provide services enabling the localization of the equipment connected to the public network of telecommunications as well as the connection method to be adopted, - The documents justifying the necessary human, material and technical means to provide internet services in accordance with the national and international standards in force, - A detailed statement of the services and the conditions to provide them and the proposed tariffs, In that case, the authorizations necessary for data use or the exercise of the relating activity, Art. 6 - The Minister charged of telecommunications shall meet the applicant within a maximum deadline of one (1) month as from the date of receiving the documents provided for in article 5 of the decree herein, or starting from the date of submitting the required information, whether to prove the grant of the authorization or to reject which shall be justified, and in case of refusal, the request shall be returned to the applicant. The Minister charged of telecommunications may grant an agreement of principle enabling its holder to achieve the measures related to the forming of the legal entity as well as to the installation of the equipments and any other procedures necessary for the service subject of the request to obtain the authorization. Art. 7 - The authorization shall be personally granted for a period of five (5) years as from it obtaining date, and may be ceded or transferred to a third party only upon an Official Gazette of the Republic of Tunisia — 23 January 2015 N° 7