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Regulatory Framework on National Roaming for Mobile Facility Based Providers Page 1

Regulatory Framework

National Roaming

for

Mobile Facility Based Providers

Regulatory Framework on National Roaming for Mobile Facility Based Providers Page 2

Table of Contents

INTRODUCTION ....................................................................................................................................... 3

DEFINITIONS AND DESCRIPTIONS .................................................................................................... 3

CONSIDERATIONS................................................................................................................................... 4

REGULATORY FRAMEWORK.............................................................................................................. 4

Regulatory Framework on National Roaming for Mobile Facility Based Providers Page 3

1. INTRODUCTION

1.1 The Telecommunications Act (the Act) provides the Communications and Information

Technology Commission (CITC) with the power “to ensure creation of favorable

atmosphere to promote and encourage fair competition in all fields of

telecommunications” and to “establish the terms governing public networks access

rights.”

1.2 National roaming based on fair prices and fair terms and conditions is a prerequisite

for effective and fair competition in the Kingdom of Saudi Arabia (KSA).

1.3 In order to develop this fair competitive environment, the CITC is considering the

requirements for national roaming for new mobile service providers. This “Regulatory

Framework on National Roaming for Mobile Facility Based Providers” addresses the

specific issues of national roaming.

2. DEFINITIONS AND DESCRIPTIONS

2.1 The words and expressions defined in the Commission Statutes shall have the same

meaning when used in this regulatory framework. The following words and

expressions shall have the meaning assigned to them below, unless the context

requires otherwise.

2.2 “CITC” or “Commission” means the Communications and Information Technology

Commission.

2.3 “Dominant Mobile Service Provider” means a service provider designated as such by

the CITC.

2.4 “Facilities Based Provider” (FBP) means a service provider who builds, owns and

operates a public telecommunications network.

2.5 “Mobile Services” are defined as radio communication services configured so as to

permit full mobility of user terminals (radio stations), which permits a Subscriber

within the mobile network to receive communications from or communicate with any

apparatus or station. Mobile Services in this context shall exclude satellite Mobile

Services.

2.6 “Hosted Mobile FBP” means a Mobile FBP who extends the coverage of its network

by using the network of another Mobile FBP.

2.7 “National Roaming” means one FBP’s Subscribers may be hosted using the facilities

and/or services of a second mobile FBP’s mobile telecommunications network where

these Subscribers are out of range of their own mobile telecommunications network

coverage.

Regulatory Framework on National Roaming for Mobile Facility Based Providers Page 4

2.8 “Subscriber” means any person or any entity that is a party to a contract or other

similar arrangement that is in force with a service provider for the supply of ICT

service(s).

3. CONSIDERATIONS

3.1 Provision of National Roaming helps to establish a level playing field for new Mobile

FBP entrants

and to maximize consumer benefit. Guaranteeing access to an existing

Mobile FBP's network for a predetermined period of time will allow the new entrant to

compete on a more equal footing with existing Mobile FBP’s while providing the

necessary commercial incentive to roll out its network.

3.2 Regulation of National Roaming is also necessary to ensure the benefits of the new

entrant's services are available at realistic and affordable prices to the end users.

3.3 National roaming may require changes to the host Mobile FBP network which may in

turn impose costs on the host Mobile FBP.

3.4 The CITC has issued a Decision (No. 48/1425) dated 12/07/1425H (12/07/2004)

which directed the incumbent to offer national roaming to the new Mobile Service

Provider.

4. REGULATORY FRAMEWORK

4.1 Any Dominant Mobile Service Provider shall provide national roaming to a newly

licensed Mobile FBP subject to technical and commercial agreement based on

negotiation. Such negotiations shall be completed within 60 calendar days from the

date of the new Mobile FBP’s request, The Dominant Mobile Service provider shall

provide the Hosted Mobile FBP’s Subscribers with roaming facilities at a mutually

agreed upon effective date which in practice should be the date of the service launch

of the Hosted Mobile FBP.

4.2 Parties to a National Roaming agreement shall file the agreement with the CITC

within 15 calendar days from signing the agreement, for the CITC’s review.

4.3 Other Mobile FBPs may provide national or regional roaming services to any other

new Mobile FBP subject to commercial agreement based on mutual negotiation.

4.4 Any national roaming agreement made between FBP's shall not lead to any anti-

competitive consequences.

4.5 National roaming services shall only be provided where such services are technically

viable.

4.6 Coverage provided to a Hosted Mobile FBP shall not contribute towards any coverage

obligations or minimum network deployment obligations of the Hosted Mobile FBP.

Regulatory Framework on National Roaming for Mobile Facility Based Providers Page 5

4.7 National roaming shall be provided for no more than five years following the service

launch of the Hosted Mobile FBP’s network unless the parties agree to an extension

and provided that the parties obtain prior written approval from the CITC.

4.8 Service obligations contained in the Hosted Mobile FBP’s license such as emergency

calling, legal interception, malicious call tracing and quality of service shall be

supported under such roaming agreements and shall at all times remain an obligation

of the Hosted Mobile FBP. The CITC will consider evidence of inadequate service

performance by a hosting Mobile FBP to a Hosted Mobile FBP before taking

appropriate remedial action.

4.9 This regulation shall not be deemed to affect any international roaming agreements.