(a) laws and regulations governing telecommunications;
(b) management of the radio frequency spectrum.
These exclusive rights may not be transferred through concessions.
Section 9: (1) The following rights of the State may be transferred in whole or in part to one or more
bodies corporate governed by public or private law through conventions which shall lay down, in
particular, the rights and obligations of the concessionaire and the transferring authority:
establishment of public telecommunications networks;
supply of telephone services between fixed points;
supply of telex and telegraph services;
establishment of infrastructure for the transmission of sound broadcasting signals;
global mobile personal communication systems (GMPCS);
transmission and/or reception only of radiofrequency waves from or to a telecommunications
satellite.
(2) The concession referred to in Section 9 (2) shall be subject to compliance by the prescriptions
indicated in a schedule of conditions appended to the convention and relating to:
the nature, characteristics and the zone of coverage of the service;
the conditions of continuous, good quality and available service;
the conditions of confidentiality and neutrality of the service with respect to the messages
transmitted;
network and service standards and specifications;
the use of the frequencies assigned;
the required prescriptions with respect to national defence and public security;
the royalties payable for use of the radiofrequency spectrum and contributions for management and
control expenses;
the operator’s contribution to research, training and standardization in the field of
telecommunications and to universal services;
the interconnection conditions and, as where applicable, the principle of payment of access charges
for a non-radiofrequency network open to the public;
the conditions for commercial operation required to ensure fair competition and equal treatment of
users;
the duration, conditions for terminating and renewing the concession;
the obligations of the holder vis-à vis universal services;
the modalities of calculation and revision of the fees payable as contribution to the development of
telecommunications throughout the national territory.
(3) Whatever the case, the specifications provided for in Section 9 (2) shall be given the widest
possible publicity.
(4) The concession agreement and schedule of conditions negotiated and instituted in accordance
with the laws and regulations in force shall be approved by decree of the President of the Republic.
CHAPTER II