Spectrum Legal Framework
The spectrum management derives its statutory mandate from the Telecom Act of 2002 and its amendments issued by Royal Decree No.(30/2002).This Act provides the basis for managing Oman’s radio spectrum and establishing the policy and regulatory framework for telecommunication services.
Article (29): The provisions set forth in this chapter, and the provisions of Article (9) of this Act shall be applicable to any telecommunications system that uses frequency spectrum, or radio communications equipment, or radio station located on the land of the Sultanate or its territorial water including aeroplanes, ships, boats, and vehicles.
Article (30): No person may establish or operate a system or equipment using frequency spectrum, or provide telecommunications services or broadcasting services, except after being licensed by the Authority pursuant to the provisions of this Act, unless it has been decided to exempt him pursuant to the regulations issued for this purpose.
The issuance of such license shall be subject to the following:
Approval of Committee of Private Radio and Television Establishments for the broadcasting services or the television transmission. The provisions of Article (22) of this Act shall be applicable with regard to obtaining this license.
Approval of the Minster for the maritime or aeronautical navigation or meteorological activities.
The provisions of the first and third paragraphs of Article (22) set forth in this Act shall be applicable with regard to obtaining this license.
When issuing the decision to grant the license, the Authority shall take into consideration the National Plan for distributing the bands of frequency spectrum specified in clause (10 Repeated 2) of Article (8) of this Act.
Article (31): A radio license shall include the following:
Location determined for the radio station, the purpose of its use, mode of its operation, the number of persons responsible for its management and operation and the required expertise and qualifications of such persons, and the radio communications equipment permitted to be installed and used at the station.
Conditions and specifications of the radio communications equipment, and the location and field where they shall be used; the purpose and mode of operating the equipment and number of persons needed to manage and operate them.
A requirement that the radio station and its equipment must comply with technical specifications and general conditions contained in the international treaties that the Sultanate is a party to.
The specific term of the license, subject to paragraph (4) of Article (21) of this Act.
Any other conditions, including fees or amounts to be collected pursuant to this Act.
Article (32): The radio licenses shall be renewed automatically unless the licensee demands to cease or revoke it. The Authority may, by a substantiated decision, either amend or revoke the license before the end of its duration if the public interest so requires or on account of the licensee's violation of any of conditions of the license.
The renewal of the radio license shall be in accordance with the provisions of article (23) of this Act. The Authority, by a substantiated decision and for reasons of public interest, may amend the license or revoke it before the end of its duration at the request of the licensee or due to his violation of any of the license conditions or for reasons of public interest.
The license shall be deemed revoked in case of its revocation or the expiry of the duration according to the basis of which the radio license was issued.
A committee for the allocation of the frequency spectrum bands shall be set up by a resolution of the Council of Ministers designating the committee chairman and members as representatives of the Ministry of Defense, Security bodies, Ministry of Information and Ministry of Transport and Communications.
The Committee shall be responsible to study the present and future needs and uses of the frequency spectrum, and the allocation of its bands for various military, security and civilian purposes.
The Authority may send a representative to attend the meetings of the Committee but without having a vote in issuing resolutions or recommendations.
Article (34): Neither the licensee, nor his employees or his agents, should use a secret language or signal or a code in radio messages and conversations, without the written approval of the Authority. Moreover, the licensee should not operate or use a radio station or radio communication equipment for any purpose other than those specified in the license.
The licensee shall be absolutely and fully responsible for any damage in case of operation of a telecommunications system using frequency spectrum.
Article (36): No any anchored ship that arrives in Omani ports or coasts, and no any aeroplane that lands on its airports is allowed to use their own radio station for any purpose – other than maritime or air navigation – without obtaining a radio license. Also no any foreign vehicle is allowed to use radio stations without obtaining such license, with the exception of rescue or emergency operations.
The Minister shall take the necessary measures to notify the government of the concerned country with a report on the acts that take place on any foreign aeroplane or on board of any ship or vehicle which are in contravention of the provisions of this Act.
Article (37): In cases of emergency, the Minister may temporarily seize estates, establishments, telecommunications networks, systems and equipment for the purpose of using them in the way he deems suitable. The owner or possessor shall hand over the equipment decided to be temporarily seized to the Authority without prejudice to the owner or the possessor's rights to compensation.