The operating regime applicable to each type of network, including radio networks, and to various electronic communications services that can be operated, is set by the provisions of Executive Decree No. 21-44 of January 17, 2021 establishing the operating regime applicable to each type of network open to the public and to different electronic communications services, amended and supplemented.
The operating regime can take the form of a license, a general authorization or a simple declaration.
1. Activities subject to licensing regime:
For a previously fixed period in the specifications, the license is issued to any natural or legal person, having succeeded in a call for competition, who undertakes to respect the conditions set out in the specifications. The following activities are subject to this regime:
A. Landline Telephony
The establishment and/or operation of the public electronic communications network providing international, long-distance and local loop fixed telephony services are subject to specifications.
As such, and by virtue of the provisions of Article 29 of Law No. 18-04, the State entrusts the operation and development of national electronic communications transport networks to the historic operator (Algerie Telecom) holder of a license to establish and operate a fixed electronic communications network open to the public for a period of fifteen (15) years from 2005. This period may be renewed in accordance with the provisions of the specifications.
B. Mobile telephony (GSM – 3G – 4G), VSAT and GMPCS
The procedures relating to the granting of licenses for these activities are governed by the provisions of Executive Decree No. 01-124 of May 9, 2001 defining the procedure applicable to the award by competitive bidding for the granting of licenses in telecommunications.
The launch of the procedure applicable to the bidding process by announcing the competition for the granting of a license is decided by the minister responsible for telecommunications on his own initiative after consultation with the regulatory authority or on a proposal from the latter, acting on the basis of an opportunity file. In this case, the minister responsible for telecommunications is required, within one month, to render his decision.
The duration of the license cannot exceed fifteen (15) years. It may be renewed, one or more times, for periods not exceeding five (5) years each.
1.1. Activities subject to the general authorization regime
In accordance with the provisions of Articles 131 to 134 of Law No. 18-04, the general authorization is issued to any natural or legal person who undertakes to respect the conditions under which electronic communications services may be established, operated and /or provided. Any natural or legal person constituted in the form of a company under Algerian law wishing to establish, operate and/or provide on Algerian territory electronic communications services subject to the general authorization regime, must file a general authorization request with the Regulatory Authority. The services listed below are subject to the general authorization regime:
- Provision of Internet access;2. Voice over Internet (VoIP);
- Premium-rate interactive electronic communications, including audiotex services;
- Radio positioning and/or satellite radiolocation as well as radio geolocation services;
- Hosting and storage of data in Cloud Computing;
- Call centers.
1.2. Activities subject to the simple declaration regime
Any other electronic communications service to the public, within the meaning of point 16 of article 10 of Law No. 18-04 of May 10, 2018 mentioned above, not falling within the framework of the two regimes of license and general authorization is subject to the simple declaration regime.
Any natural or legal person wishing to operate an electronic communications service subject to the simple declaration regime is required to file, at the level of the Regulatory Authority, a declaration of intention to commercially operate this service.