The Provisions of the Telecommunications Law Relating to the Protection of the Interests of Beneficiaries
Article 6 (d) of the Telecommunications Law:
protect the interests of Beneficiaries and monitor the actions of persons and licensed parties to ensure that the conditions of Licenses are observed, including specified service standards, service quality, and prices; and to take the necessary legal actions in front of those who violate these conditions
Article 52 of the Telecommunications Law:
Everyone licensed to offer a Public Telecommunications Service shall set up a special section for receiving complaints of Beneficiaries and subscribers, and shall strive to avoid the causes of the complaints if they are related to the standard, quality or method of the service
Article 53 of the Telecommunications Law:
" Subject to the provisions indicated in Item (7), Paragraph (a) of Article (12) of this Law, the Licensee may not increase the rents or prices of his services except after the publication of the new fees or prices in two daily local newspapers within at least one month, provided that these rents or prices will not exceed what is stated in the conditions of the licensing agreement, or the instructions and decisions issued by the Commission (TRC). In all cases, the Licensee shall inform the Commission of any changes he makes to those rents or prices"
Article 54 of the Telecommunications Law:
If the Commission (TRC) receives any complaint regarding a default on the part of the Licensee, or of a dispute between the Licensee and the Beneficiaries concerning the standard of service, or the violation of the conditions of the License, the Commission may investigate the reasons of the complaint and make the decision it deems proper. Such decision shall be considered final and binding on the Licensee.
Article 56 of the Telecommunications Law:
"Telephone calls and private Telecommunications shall be considered confidential matters which may not be violated, under legal liability".
Article 57 of the Telecommunications Law:
In coordination with the Licensee, the Commission (TRC) may set rules and procedures to be followed in dealing with annoyance complaints when received by the Licensee, as well as set the procedures for verifying such complaints and the necessary measures to decrease nuisance calls in general.
Article 58 (a) of the Telecommunications Law:
A Telecommunications service may not be withheld or cancelled for Beneficiaries unless the Beneficiary has caused material damage to the network during his use of the service, has used the Telecommunications service in a way that violates effective legislations or public morals, or has defaulted on payment of due fees and rents despite being warned in writing.
Article 58 (b) of the Telecommunications Law:
Under no circumstances may a Telecommunications service be withheld from a Beneficiary as a consequence of financial, administrative, or technical disputes between Licensees, except in accordance with the procedures outlined in the interconnection agreements executed in accordance with Paragraph (e) of Article (29) and Article (29bis)) of this Law.
Article 60(a) of the Telecommunications Law:
The concerned bodies in the Commission (TRC) shall adjudicate the complaints rendered by Beneficiaries against Licensees, as well as the complaints rendered by Licensees against other Licensees.
Article 62 of the Telecommunications Law:
The Chairperson (CEO of TRC), or any person authorized by him in writing, shall have the right to enter any place suspected of containing unlicensed equipment or networks, or equipment used for jamming telecommunications networks, or where activities contrary to this Law or to the ByLaws issued in pursuance thereof are being conducted. They shall be entitled to search the place, with the exception of residences where a permission must be obtained from the competent Public Prosecutor prior to entry therein. In any case, the employee conducting the search shall fill in a report thereon and submit the same to the Chairperson (CEO of TRC).
Article 63(a) of the Telecommunications Law:
The Commission’s (TRC) employees authorized to seize violations shall be considered as judicial seizure officers, and the reports prepared by them shall be valid until proven otherwise, provided that the seizure conditions stipulated in the Penal Trial Code Law in force are observed.
Article 71 of the Telecommunications Law:
Any person who spreads or discloses the content of any communication through a Public or Private Telecommunications Network or a telephone message which came to his knowledge by virtue of his post, or records the same without any legal basis, shall be punished by imprisonment for a period not less than one month and not exceeding one year, or by a fine not less than (JD100) and not more than (JD300), or by both penalties.
Article 72 of the Telecommunications Law:
- Any person who intentionally sabotages Telecommunications installations or deliberately causes damage thereto shall be punished by imprisonment for a period not less than three months and not exceeding two years, or by a fine not less than (JD200) and not more than (JD5000), or by both penalties. The penalty shall be doubled if his act causes break down of the Telecommunications traffic.
- Any person, who, negligently, causes the destruction of or damage to the Telecommunications installations, shall be punished by imprisonment for a period not exceeding three months or by a fine not more than (JD100), or by both penalties
Article 73 of the Telecommunications Law:
Any person who destroys a Telecommunications equipment assigned for public service shall be punished by imprisonment for a period not less than one month and not exceeding one year, or by a fine not less than (JD50) and not more than (JD200), or by both penalties.
Article 74 of the Telecommunications Law:
Any person who uses or assists in using illegitimate means to conduct Telecommunications without paying fees shall be punished by imprisonment from one month to three months, or by a fine from (JD100) to (JD1000), or by both penalties.
Article 75 of the Telecommunications Law:
- Any person who originates or forwards, by any Telecommunications means, threatening or abusive messages, or messages contrary to public morals, or forwards false information with the intent to spread panic shall be punished by imprisonment for a period that is not less than one month and not exceeding one year or by a fine of not lessthan (JD300) and not more than (JD2000), or by both penalties.
- Any person who provides or contributes to the provision of Telecommunications services in violation of public order or public morals shall be punished by the penalties stipulated in Paragraph (a) of this Article in addition to the application of the provisions stipulated in Article (40) of this Law.
Article 78 of the Telecommunications Law:
- Any person who establishes, operates, or manages a Public Telecommunications Network for the purpose of providing Public Telecommunications Services in contradiction to the provisions of this Law, shall be punished by imprisonment for a period not less than three months, or by a fine not less than (JD 5000) and not more than (JD25000), or by both penalties.
- Any person who establishes, operates, or manages a Private Telecommunications Network in contradiction to the provisions of this Law shall be punished by imprisonment for a period not less than one month and not exceeding three months, or by a fine not less than (JD 2000) and not more than (JD5000), or by both penalties
Article 79 of the Telecommunications Law:
Any person who uses a Public or Private Telecommunications Network in an illegal way or connects his network with another Telecommunications network without having the right to do so, or hinders the delivery of services from other Telecommunications networks, or endangers the national interests shall be punished by imprisonment for a period of not less than one month and not longer than six months, or a fine of not less than (JD2000) and not more than (JD5000), or by both penalties.
Article 80 of the Telecommunications Law:
- Any person who deliberately makes any action to intercept, interfere with, or interrupt Radio Waves Assigned to others shall be punished by imprisonment for a period not less than six months, or by a fine not less than (JD5000) and not more than (JD25000), or by both penalties.
- Any person who deliberately uses Radio Waves without a license shall be punished by imprisonment for a period not less than one month, or by a fine not less than (JD2000) and not more than (JD5000), or by both penalties
Article 81 of the Telecommunications Law:
Any person, who enters Telecommunication equipment in contradiction to the provisions of Article (35) of this Law shall be punished by imprisonment for a period not exceeding one month or by a fine not less than (JD100), and not more than (JD500).
Article 82 of the Telecommunications Law:
Any person who imports or trades in Telecommunications equipment that is not in compliance with technical standards, or bears inaccurate information which is against the provisions of Articles (48), (49), (50), and (51) of this Law shall be punished by imprisonment for a period of not less than one month and not exceeding one year, or by a fine not less than (JD100) and not more than (JD2000), or by both penalties.
Article 83 of the Telecommunications Law:
Any person who keeps or operates a Radio Station in contradiction to the provisions of this Law shall be punished by imprisonment for a period not less than one month and not exceeding six months, or by a fine not less than (JD100), and not more than (JD500), or by both penalties.
Article 84 of the Telecommunications Law:
In addition to the penalties stipulated in Articles (78) and (79) of this Law, the competent court may, pursuant to a request by the Commission, decide to bind the offender to pay an amount not less than double the fees payable for licensing that service if it were licensed, in the form of civil liabilities in favor of the Commission (TRC).