»COMMENCEMENT OF PUBLIC CONSULTATION – REMEDIES FOR EX ANTE REGULATION OF THE UAE TELECOMMUNICATIONS SECTOR

COMMENCEMENT OF PUBLIC CONSULTATION – REMEDIES FOR EX ANTE REGULATION OF THE UAE TELECOMMUNICATIONS SECTOR In line with the framework set out by the TRA’s Ex Ante Competition Safeguards[i], ex ante obligations for the UAE are designed based on a three-step approach: In the first step, the TRA defined the Relevant Markets to be subjected to a competition assessment;[ii] In the second step, the TRA carried out a competition assessment where it identified entities having Market Power; [iii] In the third step, based on the competition assessment, the TRA has designed proposed ex ante obligations to be imposed on Licensees possessing Market Power in a Relevant Market. In keeping with its values of transparency, fairness, and excellence culture, and whilst recognising the valuable role that can be played by stakeholders in the ICT sector, the TRA now issues a consultation document for review by stakeholders. This public consultation is to be conducted in accordance with the TRA’s Procedures on Consultations, Version 2.0, issued 19 April 2012. Given the findings of the TRA’s determination which identified Etisalat’s and du’s respective positions of Market Power in certain Relevant Markets, the TRA seeks stakeholders’ views on the appropriate remedies for ex ante regulation in those Relevant Markets. Stakeholders wishing to respond to this consultation should do so in writing to the TRA in accordance with instructions to be given in the Consultation Document. The consultation document will be published on the TRA’s website in due course. In the meantime, a copy of the consultation document is attached to this email as a convenience to registered stakeholders.   Schedule: The schedule for this consultation is as set out in the following table. Details and schedule for the Public Consultation Issue of Consultation Document 13 December 2012 Deadline for requests for extension (Any requests for an extension should be justified) 3 January 2013 Closing Date for submission of Initial Responses 14 February 2013 Exchange of Initial Responses Week Commencing 17 February 2013 Closing Date for submission of Comments on Initial Responses 14 March 2013 Publication of Consultation Response Document Week beginning 14 April 2013   The TRA will advise Stakeholders of any material changes in the above schedule   Document(s) available for download : Consultation Document   [i] TRA Regulatory Policy, Ex Ante Competition Safeguards, Version 1.1, 30 September 2010. [ii]TRA Determination No.(1) of 2011, Relevant Markets for Telecommunication Services and Related Products in the UAE, 23 January 2011. [iii]TRA Determination No.(1) of 2012, Competition Assessment, V1.0, 29 March 2012.

»Public Consultation-“Building The Digital Society” – National ICT Policy 2013-2016

Description and Purpose of the Public Consultation Article 12 of Federal Law by Decree No (3) of 2003 Regarding the Organisation of the Telecommunications Sector, as amended (the “Telecommunications Law”) provides:- the TRA may provide to the Board any necessary proposal in relation to the general policy for the sector, and Article 10 of the Telecommunications Law provides:- the Board shall have jurisdiction to establish the general policy for the sector in the State, presenting it to the Cabinet for approval and overseeing its implementation after the approval. The TRA is developing a draft National ICT Policy for submission to the Board.  In keeping with the TRA’s values of transparency and sector engagement, the TRA is conducting a Public Consultation on the draft National ICT Policy.  The objective of the Consultation is to give all stakeholders the opportunity to review the draft Policy and contribute to its development before a final draft is submitted to the Board. The Public Consultation will be conducted in accordance with the TRA’s Procedures on Consultations, Version 2.0, issued 19 April 2012.  [Click here to see the procedures]   Schedule:   Details and schedule for the Public Consultation Issue of Consultation Document 26 July 2012 Deadline for requests for extension (Any requests for an extension should be justified) 23 August 2012 Closing Date for submission of Initial Responses 11 October 2012 Publication of Initial Responses Week Commencing 14 October 2012 Closing Date for submission of Comments on Initial Responses 1 November 2012 Publication of Comments on Initial Responses Week Commencing 4 November 2012 Issue of Consultation Response Document December 2012   The TRA will advise Stakeholders of any material changes in the above schedule   Document(s) available for download : Consultation Document

» Commencement Of Public Consultation – Dispute Resolution Procedures

Please be advised of the TRA’s intention to conduct a Public Consultation on the above referenced subject. The details and schedule for the Public Consultation are as set out in this advance notice. Description and Purpose of the Public Consultation The TRA Issued the Interconnection Dispute Resolution Procedures (IDRP) on 31 December 2005.  Since that time, the IDRP have been used to settle a number of disputes which have arisen between licensed operators on matters relating to interconnection.  However, the TRA notes that the IDRP have not been reviewed to assess their overall effectiveness.  The TRA considers that a body of knowledge exists within the industry, which body of knowledge is based on the practical experiences of using and managing the IDRP.  It seems appropriate and beneficial to the industry if the IDRP are reviewed in the light of the knowledge and experience which has been gained to date. Further the TRA notes that Federal Law by Decree no. 3 of 2003 Regarding the Organisation of the Telecommunications Sector contains specific provisions concerning inter-licensee disputes concerning interconnection, and inter-licensee disputes concerning co-location or the sharing of facilities or sites.  The TRA further notes that Decision of the Supreme Committee for the Supervision of the Telecommunications Sector No. (3) of 2004 (the Executive Order) refers more generally to “any disputes that may arise between the licensees”. The TRA further notes that the interconnection regime as currently set out in the Regulatory Framework is to be reviewed and may well be subject to extensive amendment.  That work will be the subject of a separate consultation and the TRA will advise Stakeholders about the details of that consultation in due course. Accordingly, the TRA considers that any review of the IDRP should have a broader scope and should consider replacing the IDRP with generic inter-licensee dispute resolution procedures. Considering all of the above the TRA will commence a consultation of the Dispute Resolution Procedures as set out in this notice.   Documents provided by the TRA : Consultation Document   Details and schedule for the Public Consultation Publication of Initial Responses Week Commencing 16 September 2012 Closing Date for submission of Comments on Initial Responses 27 September 2012 Publication of Consultation Response Document 31 October 2012   The TRA will advise Stakeholders of any material changes in the above schedule   Response Document(s) : Yahsat Response du Response Etisalat Response

» Public Consultation - Space Telecommunications Policy Outline

Based on requests submitted to the TRA by a number of stakeholders; the public consultation period on Space Telecommunications Policy Outline has been extended for two additional weeks. Any Person or entity wish to participate in this public consultation, should respond in writing to the TRA. Responses to this consultation should be on or before the new response date which is 19th July 2012. In keeping with its values of transparency and sector engagement, the TRA wishes to develop a new policy regarding the Space Telecommunications, issued by it to keep abreast of developments to better involve all stakeholders. The TRA strives to meet the needs of the sector and seeks the views and feedback from the sector for developing the policy. The purpose of this document is to invite comments from stakeholders on the outline of the proposed TRA Policy- Space Telecommunications, in accordance with the Telecom Law. Public Consultation - Space Telecommunications Policy Outline The comments which are contained in any response to this consultation should be clearly identified with respect to the specific question in this consultation to which such comments refer. Any comments which are of a general nature and not in response to a particular question should be clearly identified as such. The TRA reserves the right to only consider submissions and comments which are relevant to the subject matter of this consultation.

» Public Consultation- TRA Spectrum Band Plan

On 31 May 2012, the TRA published Consultation Document in accordance with the Telecom Law for TRA Spectrum Band Plan 694-862 MHz. The TRA requested comments from all interested parties. By close of business on 5 July 2012, (the closing date for responses), the TRA has received the following responses: Telecommunications Corporation (Etisalat) Etisalat response Emirates Integrated Telecommunications Company PJSC (Du) Du response Samena Telecommunications Council (SAMENA) SAMINA Response Ericsson AB (Ericsson) Ericsson response Qualcomm International Inc. (QUALCOMM) QUALCOMM response The TRA now invites all stakeholders to review these responses received, and if appropriate to submit comments on those responses. Any stakeholder wishing to do so, should submit written comments to: By e-mail to: Tariq.Alawadhi@tra.gov.ae Closing date for submissions: 14 July 2012 The TRA looks forward to the continued support of all stakeholders in this consultation.

» Amendments to the Public Telecommunications Licences issued to Etisalat and du

Status: By the closing date for the submission of Initial Comments, the TRA had received Initial Responses from Etisalat, and du. The TRA is publishing the (non-confidential) versions of these Initial Responses and the TRA requests all Stakeholders to submit Comments on Initial Responses   Description and Purpose of the Public Consultation In year 2006, the TRA issued Public Telecommunications Licence 2006/1 to Etisalat Telecommunications Corporation (Etisalat), and Public Telecommunications Licence 2006/2 to Emirates Integrated Telecommunications Company PJSC (du). The Licences, inter alia, set out the rights and obligations of the Licensees and to that end have thus far served the industry well. However, the TRA considers that the Licences would benefit from certain clarifications and in a particular amendment to article 2.1.3 thereof (the proposed amendment will be fully explained in the consultation document) in order to provide greater clarity and certainty. The TRA considers that the proposed amendment (along with certain other amendments) would remove some uncertainty from the Licences and better serve the interests of all stakeholders.   Schedule:   Details and schedule for the Public Consultation Commencement of the Consultation 26 April 2012 Deadline for requests for extension (Any requests for an extension should be justified) 10 May 2012 Closing Date for submission of Initial Responses 30 June 2012 Publication of Initial Responses 1 June 2012 Closing Date for submission of Comments on Initial Responses 26 August 2012 Publication of the Consultation Response Document. Week Commencing- 14 October 2012   The TRA will advise Stakeholders of any material changes in the above schedule   Response Document(s) Etisalat – Initial Response du – Initial Response Comments on initial response(s) du Comments on initial response

» Public Consultation on Spectrum Regulatory Instruments - 3

On 3 May 2012, the TRA published six Consultation Documents to review and revise the issued TRA Regulations in accordance with the Telecom Law for: Cordless Telephony Regulation v1.0 Interference Management Regulations v1.0 Spectrum Monitoring and Enforcement Regulations v1.0 Earth Stations Regulations v1.0 Amateur Regulations v1.0 Cellular On Board Vessels Regulations v1.0 The TRA requested comments from all interested parties. By close of business on 31 May 2012, (the closing date for responses), the TRA has received the following responses: Al Yah Satellite Communications Company PrJSC (Yahsat) Yahsat response for “Interference Management Regulations”. Yahsat response for “Earth Stations Regulations”. Emirates Telecommunications Corporation (Etisalat) Etisalat response for “Interference Management Regulations”. Etisalat response for “Spectrum Monitoring and Enforcement Regulations”. Etisalat response for “Earth Stations Regulations”. Etisalat response for “Cellular On Board Vessels Regulations”. Samena Telecommunications Councul (SAMENA) SAMENA response for “Spectrum Monitoring and Enforcement Regulations”. Inmarsat Global Limited (Inmarsat) Inmarsat response for “Earth Stations Regulations”. The TRA now invites all stakeholders to review these responses received, and if appropriate to submit comments on those responses. Any stakeholder wishing to do so, should submit written comments to: By e-mail to: Tariq.Alawadhi@tra.gov.ae Closing date for submissions: 13 June 2012 The TRA looks forward to the continued support of all stakeholders in this consultation.

» Public Consultation Regarding: draft Mobile Telecommunications Apparatus Anti Theft Instructions

Status: Consultation Open: Awaiting Input from Stakeholders.   Description/Objectives: The purpose of this public consultation is to gather input from the stakeholders regarding the draft regulations that the TRA is considering to issue.   Schedule: This Public Consultation will be conducted in accordance with the following schedule. The TRA will use its best endeavours to maintain this schedule. The TRA will notify all stakeholders of any material amendments to this schedule. Details Date Consultation Start Date. (Date Consultation Document Published). 2nd of April 2012. Deadline for requests for extension. (All requests for extension should be justified.  The TRA reserves the right to reject any requestfor extension which the TRA receives after this date). 15th of April 2012 Last date for the submission of Initial Responses. (To be received by the TRA before 15:00 UAE time). 29th of April 2012 Publication of initial responses. The TRA will publish all Initial Responses on its website during week commencing 6th of May 2012 Stakeholders will be invited to provide Comments on Initial Responses. Last date for the submission of Comments on Initial Responses. (To be received by the TRA before 15:00 UAE time). 28th of May 2012 Publication of the Consultation Response Document. 10th of June 2012   Consultation Document: Please click on the below links to download a copy of the latest Consultation Document: Instructions - Mobile Telecommunications Apparatus Anti Theft PUBLIC CONSULTATION - Mobile Telecommunications Apparatus Anti Theft. PUBLIC CONSULTATION - du's response to the Consultation. PUBLIC CONSULTATION - Etisalat’s Response to the Consultation. Mobile Telecommunications Apparatus - Consultation Response Document   Consultation History: Consultation started on 2nd of April 2012.

» Draft Regulatory Instrument – Consumer Protection Regulations

Status: The TRA is conducting a second round of Public Consultation on a proposed regulatory instrument – Consumer Protection Regulations.  The TRA looks forward to receiving input from stakeholders.   Description and Purpose of the Public Consultation Pursuant to the TRA’s Procedures on Consultations, Version 2.0, Issued 19 April 2012, and as was communicated to all Stakeholders on 2 July 2012, the TRA is commencing a Public Consultation on a draft Regulatory Instrument – “Consumer Protection Regulations” in accordance with the schedule as set out herein. On 25 August 2011, the TRA published a Consultation Document on a proposed new Regulatory Instrument – “The Consumer Protection Regulations”.  By end November 2012, the TRA had received Initial Responses from each of Etisalat and du, and Comments on Initial Responses from each of Etisalat and du.  The input to the first round of the consultation was substantial and raised a number of fundamental questions concerning some pivotal issues such as the definition of a “consumer” and the extent to which legal entities should be covered by the Consumer Protection Regulations. Subsequently, the TRA further consulted (Closed Consultation) with a number of competent authorities including the Ministry of Economy, the Department of Economic Development, Abu Dhabi and the Department of Economic Development, Dubai- regarding, in particular the definition of a “consumer”.  The TRA has considered all of the input received from Etisalat and du, in the light of the outcome of the TRA’s discussions with the aforementioned competent authorities.  As a consequence the TRA has introduced a significant number of amendments to the proposed Regulatory Instrument, the latest draft of which proposes definitions for the terms “Consumer” and “Subscriber”.  The TRA considered this approach to be necessary, as the TRA considers that some of the provisions in the Consumer Protection Regulations should apply to Consumers and some provisions should apply to Subscribers.   Schedule:   Details and schedule for the Public Consultation Issue of Consultation Document 8 July 2012 Closing Date for submission of Initial Responses 13 September 2012 Publication of Initial Responses Week commencing 16 September 2012 Closing Date for submission of Comments on Initial Responses 4 October 2012 Publication of Comments on Initial Responses Week commencing 7 October 2012 Publication of Consultation Response Document 8 November 2012   The TRA will advise Stakeholders of any material changes in the above schedule   Document(s) available for download : Consultation Document Consultation Response Document Draft Regulatory Instrument. Response Document(s) : Etisalat’s Response du's Response

» Stakeholder Initiated Consultation regarding Electronic Communications & Mobile Spam Policy and Privacy of Consumer Information Policy

On 25 August 2011, the TRA published a consultation document entitled “Stakeholder Initiated Consultation Regarding The Electronic Communications And Mobile Spam Policy and The Privacy Of Consumer Information Policy” and requested comments from all stakeholders. In respect of this Consultation, the TRA has received Initial Submissions from:  Emirates Telecommunications Corporation (Etisalat) Emirates Integrated Telecommunications Company (du). All stakeholders are hereby invited to review the above referenced Initial Submissions. Any stakeholder wishing to submit comments on either or both of the Initial Submissions, should send such comments in writing (in Microsoft Word and Adobe PDF format) to: fintan.healy@tra.gov.ae. The closing date for submission of comments on Initial Submissions is: 17 November 2011. The TRA will publish in full the PDF version of any submission made to the TRA in respect of this request for Comments on Initial Submissions.

» Regulatory Instruments (Second Batch)

On 24 August 2011, the TRA published four Consultation Documents to review and revise the issued TRA Regulations in accordance with the Telecom Law for: Spectrum Allocation and Assignment v1.0 Cellular Systems Coverage Measurement v1.0 Use of 2.4 GHz and 5.8 GHz bands for WLAN and RLAN v1.0 Short Range Devices v1.0 The TRA requested comments from all interested parties. By close of business on 12 October 2011, (the closing date for responses), the TRA has received the following responses: Al Yah Satellite Communications Company PrJSC (Yahsat) Yahsat response for “Spectrum Allocation & Assignment Regulations”. Cisco Systems International BV Cisco response for “Use of 2.4 GHz and 5.8 GHz bands for WLAN and RLAN Regulations” and “Short Range Devices Regulations”. Emirates Integrated Telecommunication Company PJSC (du) Du response for “Cellular Systems Coverage Measurement Regulations”. Emirates Telecommunications Corporation (Etisalat) Etisalat response for “Spectrum Allocation & Assignment Regulations”. Etisalat response for “Cellular Systems Coverage Measurement Regulations”. Etisalat response for “Use of 2.4 GHz and 5.8 GHz bands for WLAN and RLAN Regulations”. Etisalat response for “Short Range Devices Regulations”. Medtronic International Trading Sarl Medtronic response for “Short Range Devices Regulations”. Zarlink Semiconductor Zarlink response for “Short Range Devices Regulations”. The TRA now invites all stakeholders to review these responses received, and if appropriate to submit comments on those responses. Any stakeholder wishing to do so, should submit written comments to: By e-mail to: Tariq.Alawadhi@tra.gov.ae Closing date for submissions: 23 October 2011 The TRA looks forward to the continued support of all stakeholders in this consultation.

» Adoption of Green ICT Practices in the UAE

View Original Consultation

Response on the Consultation "Etisalat BT Innovation Centre (EBTIC)"

Response on the Consultation "Etisalat"

Response on the Consultation "Du"

Response on the Consultation "Ericsson"

Response on the Consultation "Nokia Seimens Networks"

Summary of the received Responses

» Development of Bottom-up LRIC Models of Telecommunications Networks in the UAE

The purpose of the Consultation was to invite comments from all stakeholders on the key principles to be applied by the TRA in the development of a bottom-up long run incremental cost model of telecommunications network services in the UAE for the purpose of determining appropriate prices for interconnection services. This Consultation is completed   View original Consultation TRA response to comments received on the Consultation   Responses to the Consultation du Intial Response to the consultation Etisalat Intial Response to the consultation Etisalat's comments on du’s Intial Response du's comments on Etisalat’s Intial Response

» Procedure on Consultations (Round 1&2)

On 3 March 2011, the TRA published a Consultation Document entitled “Procedure on Consultations” and requested comments from all interested parties. By close of business on 31 March 2011, (the closing date for responses), the TRA had received initial responses from: Al Yah Satellite Communications Company PrJSC (Yahsat) Emirates Integrated Telecommunication Company PJSC (du) Emirates Investment Authority (EIA) Emirates Telecommunications Corporation (Etisalat) UAE Communication and Media Interest Group (UCMIG) By close of business on 17 April 2011, (the closing date for comments to initial responses), the TRA had received comments to the initial responses from: Emirates Integrated Telecommunication Company PJSC (du) On 26 May 2011 the TRA published the Consultation Response Document, to set out the response of the TRA to the comments and input submitted by stakeholders during the recent consultation concerning the TRA’s procedures for conducting consultations. On 7 July 2011, the TRA published the Draft Regulatory Instrument: Consultation Procedures with an open invitation for all stakeholders to review the draft regulatory instrument and to provide comments thereon. By close of business on 28 July 2011 (the closing date for the submission of initial responses), the TRA had received submissions from: Al Yah Satellite Communications Company PrJSC (Yahsat) Emirates Integrated Telecommunication Company PJSC (du) Emirates Telecommunications Corporation (Etisalat) The TRA now invites all stakeholders to review the submissions received, and if appropriate to submit comments on those submission. Any stakeholder wishing to do so, such submit written comments to: By e-mail to: fintan.healy@tra.gov.ae Closing date for submissions: 18 August 2011 The TRA looks forward to the continued support of all stakeholders in this consultation. By close of business on 18 August 2011, (the closing date for comments to initial responses), the TRA had received no comments to the initial responses. Status: This consultation is now closed. On 22 December 2011 the TRA published the Consultation Response Document., to set out the response of the TRA to the comments and inputs provided by Stakeholders during the prior Public Consultation regarding Procedures for Conducting Consultations

» Procedure on Consultations (Final Round)

The TRA hereby invites all interested parties to review the Draft Consultation Procedure.  This consultation is  based on the foregoing responses and the Consultation Response Document and sets out the final stage in the process of establishing the regulatory instrument: Consultation Procedure. The consultation is conducted in order to provide Stakeholders with a final opportunity to provide comments and input to this draft regulatory instrument. In the event that any interested party wishes to submit comments to the TRA regarding the Draft Consultation Procedure it should do so in writing. The format for submissions is as follows: Closing date for submissions: 12 January 2012 By e-mail to: fintan.healy@tra.gov.ae such e-mail to include the following as attachments: A covering letter; A full copy of the respondents submission in MS Word Format (not to be published by the TRA); and A publishable version of the respondent’s submission in Adobe PDF Format (to be published by the TRA in it’s entirety). All comments submitted by the respondent should clearly identify the part to which the comments refer. The TRA looks forward to the continued support of all stakeholders in this consultation. Status: This consultation is now closed. By close of business 12 January 2012 (the closing date of submission of initial responses) the TRA had received no comments to the final draft on Consultation Procedures.

» Consultation Concerning Amendments to an Existing Regulatory Instrument: - Cost Accounting, Accounting Separation and LRIC Modelling

View Consultation “Received Submissions from:” Emirates Telecommunications Corporation (Etisalat) Emirates Integrated Telecommunications Company (du) Regulations Cost Accounting , Accounting Separation and LRIC Modeling Instructions - Revised on: 29th December 2011 Principles, mechanisms and parameters for cost accounting and cost modeling for fixed and mobile network.

» Competition assessment and proposed remedies in Relevant Markets

TRA response to comments from the industry

View Consultation

“TRA comments on responses to follow”

Response on the Consultation "Etisalat"

Response on the Consultation "du"

Response on the Consultation "UCMIG"

Etisalat's comments on reponses

du's comments on reponses

» The definition of Relevant Markets for the purposes of ex ante market reviews

View Consultation

TRA response to comments received on the Consultation

UAE Communication and Media Industry Group's Response on the Consultation

Etisalat's Response on the Consultation

du's Response on the Consultation

Yahsat's Response on the Consultation

» Market Definition and Competition Assessment Guidelines

View Original Consultation Document

TRA response to Etisalat’s comments

TRA response to du’s comments

Etisalat's Response on the Consultation

du's Response on the Consultation

» Regulatory Instruments

The TRA concluded the public consultation to review and revise the following TRA Regulations: Fixed Service v1.0 Aeronautical Radio Service v1.0 Maritime Radio Service v1.0 Private Mobile Radio (PMR) Service v1.0 The responses are under review and the revised regulations will be uploaded soon.