5
5° facilitate and encourage private sector participation in telecommunications investment;
6° ensure compliance with the provisions of this law;
7° have due regard to the security of the Republic and national defence when carrying out its
work when this is required;
8° do anything reasonably incidental to the objectives of the Regulatory Board as set out in
this Article.
Article 4
The President of the Republic, by Presidential decree determines the specific duties to be
carried out by the Regulatory Board in order to give effect to Article 3 of this law.
CHAPTER III. LICESES
Article 5
Except as required by the provisions of Article 10 of this law, every natural person and
organization which wishes to install a telecommunications network and/or provide a
telecommunications service within, to or from the Republic, should:
1° fulfill the conditions required by law for the carrying out of trade within the Republic;
2° first obtain a telecommunications license.
Applications for the grant of a license are made to the Regulatory Board as required by law
and should include all requirements in the correct and due form and set out the information
required by the Regulatory Board.
Applications are accompanied by the fee prescribed by the Regulatory Board. The
Regulatory Board then considers the application.
Standard licenses will be issued by the Regulatory Board. Individual licenses are granted by
the competent authority on advice from the Regulatory Board. The competent authority may
delegate the responsibility for issuing individual licenses to the Regulatory Board.
All licenses are granted on an open and objective basis, without discrimination against any
applicant for a license. Licenses are only refused for the reasons set out in Article 8 of this
law.
The Minister acting on advice from the Regulatory Board determines the conditions which
should be incorporated in licenses and issues these by Ministerial decree. Licenses granted to
dominant organizations are subject to more onerous conditions than those granted to other
providers of telecommunications networks and telecommunications services .
Licenses are issued within four weeks for the grant of a standard license and three months for
the grant of an individual license from the submission of a valid and complete application for
a license and provided that the applicant has first paid any initial license fee required by the
Regulatory Board. If a license is not issued within that time, and the applicant has not
received written notice from the Regulatory Board explaining and justifying the delay, and
stating when the license will be issued, the applicant for the license should apply to the court
for an order that the license should be granted.