Telecommunications Ecommunications In Equatorial Guinea

 

Telecommunications consist of the study and application of the technique that designs systems that allow long-distance communication through the transmission and reception of signals, which propagate through electromagnetic waves.

Under the Telecommunications Law, telecommunication is any transmission or reception of signs, signals, writings, images, sounds, and information of any nature by
wire, radio electricity, optical means, or other electrical systems; also including the auxiliary means of services such as the edition of guides. Telecommunications are the fundamental tool for the development of the planet: they promote education, business and bring us closer to a more comfortable life every day.

The importance of investing in telecommunications is seen in its importance to all sectors. Current circumstances have led to the integration of the telecommunications sector into the group made up of all the countries in the world called the Telecommunication and New Information Technology Society, and to facilitate relationships and interconnection between the various sectors of society. So the governments of various countries have promoted a global change, mainly in the way of approaching the management and expansion of a sector that is so important for economic, social and cultural development. This change materializes in the expansion of Telecommunications infrastructures.

The legal framework

The Fundamental Law of Equatorial Guinea establishes the telecommunications, postal and transport sector as a matter reserved to the State; with which the State acts as a guardian body, with the possibility of associating private initiative, thus introducing free competition in the provision of telecommunications services.

The sources of this sector are: the current telecommunications law and the regulatory decrees that develop it; administrative provisions and resolutions; international treaties and International Law Conventions; the norms and recommendations of the organs of the International Telecommunications Union that are applicable.

The Legal System of telecommunications, will be interpreted taking into account the rules and provisions that comprise it, the principles of public services (free competition, equal treatment, efficiency, objectivity, transparency, guarantee of the rights of providers and users (the secrecy of communications, right to privacy and own image, right to fair and equitable rates), universality in access and improvement in its provision.

In the current Telecommunications Law, the regulation of telecommunications and information technologies with respect to networks, services, devices and systems is highlighted as the main object.

Networks are understood as transmission equipment that can transmit information, which can be audio, video data, with electromagnetic or optical signals between different locations in analog or digital form.

The State and Telecommunications

As telecommunications are a public service, the State becomes the body in charge of the protection, guarantee and responsibility in the management, expansion and improvement; in such a way that it will exercise effective control to ensure the materialization of the objectives framed in the current telecommunications law. To this end, the State may delegate or associate with private initiative, guaranteeing competition and equal treatment among the different operators. Likewise, the State is responsible for the management, administration and control of the radio frequency spectrum. The public radio domain includes frequencies up to 3000 gigahertz.

In order to make use of the spectrum, concessionaires and authorized parties must pay a fee for its protection, administration and control.

The State also assumes the management and administration of the public space or land where the infrastructure for telecommunications is installed.

Networks and Telecommunications

Networks are understood as transmission equipment that can transmit information, which can be audio, video data, with electromagnetic or optical signals between different locations in analog or digital form.

We must differentiate between private communication and official communication. The first is the one that is established to satisfy own telecommunications needs in those areas in which the owner of the line and the user coincide. One very important thing to keep in mind is that to make use of private communications with satellite networks they do not need a concession or authorization, simply, the users will agree with the owners of the existing communications to dispose of them.

Official communications are those that result from the proposals made by the administration regarding the provision of services of said services. Prior information to ORTEL is required for its existence.

Telecommunications administration in Equatorial Guinea

The regulation of telecommunications and the operation of related services are different functions, the responsibility of which is held by the Minister in charge of Telecommunications and the Council of Ministers.

All telecommunications users, directly and indirectly, are subject to the power and control of the Public Administration, which will exercise its functions in accordance with the Telecommunications Law and subsidiarity through the Law of the Legal Regime of the Central Administration of the Condition.

The Telecommunications Regulated Body (“ORTEL”)

The Telecommunications Regulatory Law in Equatorial Guinea includes the creation of the Telecommunications Regulatory Body, in the ORTEL anagram. ORTEL is the technical and advisory body on telecommunications. It has its own legal personality and acts under the tutelage of the Ministry of Telecommunications, which, in accordance with the law, tends to consider the decisions issued by ORTEL as proposals.

ORTEL is the key piece for the organization and regulation of telecommunications in Equatorial Guinea, it ensures the harmonious development of the sector, the expansion and modernization of networks and infrastructures, the quality of services and the rights of operators and users, always acting for the general interest that characterizes the public sector. The Telecommunications Development Fund is a mechanism that the law has implemented to facilitate and ensure access to services, mainly in those areas that are not very profitable for operators.

The Regulatory Office will propose regulations that develop the Telecommunications Law, taking into account the Government’s policy on telecommunications, the final decision is made by the Ministry of Telecommunications.

ORTEL Functions

All those that help the Office achieve its goals and objectives. Among other:

• Propose to the Ministry of Telecommunications the regulations and other provisions adopted in the matter that concerns us;
• To dictate the files of the administrative concessions and the elaboration of resolution proposals;
• Dictate the files on authorizations;
• Prepare the specifications that contain the conditions that govern the award of concessions and subsequently submit them to the Ministry of Telecommunications for subsequent approval;
• Prepare proposals on the conditions required for the granting of an authorization;
• Manage and administer the radio frequency spectrum and numbering resources;
• Monitor, control and supervise compliance with the imposed conditions;
• Propose the pertinent sanctions for the best achievement of the objectives set;
• Design and propose the conditions of competition between the different operators;
• Study the criteria that allow an operator to be classified as dominant;
• Intervene in the resolution of conflicts between the different operators;
• Administer and manage the Telecommunications Development Fund; Y
• Keep interested parties informed about rates and prices.

 

One of the problems that arises is the delay in granting an authorization, as a prerequisite for the importation of telecommunication antennas, although the operation of the Internet network and the mobile telephone network largely depend on these.

The Concessions

The Public Administration has the power to grant a natural or legal person the right to use its services.

The concession is made by the Ministry of Transport, Technology, Mail and Telecommunications, in a period of twenty (20) years, to the different companies that certify the appropriate technology and ensure the provision of telecommunications, within the principles of free competition and free market, prior approval of the Council of Ministers.

Upon obtaining the corresponding concessions, they will have the right to establish the network and the corresponding pertinent infrastructures.

Concessionaires are obliged to facilitate access to such services to the different users who require it.

Requirements for obtaining an authorization

Interested parties must file an application with the guardian ministry, which will process and resolve the file within a period of three months, extendable to six months, following an opinion from ORTEL. This implies that the request instance is deposited in the offices of ORTEL, and it is the latter who decides the file and processes it for its subsequent study by the Minister in charge. If the established period elapses without the corresponding authorization, it may be understood that the request has been denied; although sometimes the administrative silence can be understood as positive with the requirements established in the corresponding regulation.

One of the problems that arises is the delay in granting an authorization, as a prerequisite for the importation of telecommunication antennas, although the operation of the Internet network and the mobile telephone network largely depend on these.

Denial or administrative silence

In the face of denial, the interested parties may request a review appeal, addressed to the technical director of ORTEL, who will decree it to the users’ department, and these will provide a solution to the difficulties that may have arisen.

Validity period of the authorizations?

The period of validity of an authorization is ten years.

Revocation of authorizations?

Authorizations may be revoked in case of serious breach of the imposed conditions, breach of the provisions of the law and its corresponding regulations that develop it.

Violations, Sanctions and Prescription

All the practices enumerated in Art. 43 of the telecommunications law are considered infractions, such as: fraud committed by service providers towards users; the alteration, manipulation or breaking of the seals or precautionary measures adopted by ORTEL, without prejudice to the criminal responsibilities that may arise.

Sanctions occur as a result of committing an infraction:

• For minor infractions, offenders will be fined up to ten million
• Serious infractions will be fined for a price of ten million to one hundred million.

These sanctions may also consist of the revocation of the title for the provision of services and the closure of the facilities.

For the application of these sanctions, the seriousness of the infraction will be taken into account.
Before proceeding to sanction offenders, ORTEL will be required to have issued a prior reprimand. Offenders, despite having imposed a sanction, are not exempt from paying the corresponding fees and charges.

In relation to the sanctions, it is important to mention that the infractions and the sanctions for minor infractions prescribe after one year and the serious infractions prescribe after three years of their commission, having paid the sanction and rescinded the damages produced, and the sanctions for serious infractions prescribed after two years of its firmness.

Conclusion and Recommendations

The telecommunications law is clear and concise. There are certain aspects that may not be mentioned in the law itself and may be found in the different regulations that develop it. Interested parties who wish to operate in Equatorial Guinea in terms of telecommunications must meet the required requirements, including the registration of their operations in the ORTEL Registry.

ORTEL is the office in charge of regulating telecommunications. Within its mission, it provides advice that enables legislative and regulatory coherence in the field of telecommunications. It is a body that serves as a mediator in the resolution of disputes that may arise between the different operators or between them and the end users.

For the solution of signaling problems in the most remote places of the national geography, the guardian ministry, and under the administration of ORTEL, has created the Telecommunications Development Fund, whose mission will be to finance investments in the expansion and modernization of networks and installation of telecommunications services.

In short, it is recommended that all interested parties, operators and end users make correct use of telecommunications, comply with the requirements established in the current regulations to avoid incurring in foreseeable infractions since the sanctions are high cost.

All telecommunications users have the right to visit ORTEL to present possible complaints or request some other advice on telecommunications matters.