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TRA announces new rules for permits, Omanisation

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Muscat: The Telecommunications Regulatory Authority (TRA) has issued a decision 109/2022, regulating the implementation of services in the field of telecommunications.

The decision is based on the Telecommunications Regulatory Law issued by Royal Decree 30/2002, the executive regulations of the Telecommunications Regulatory Law issued by decision 144/2008.

The decision will come into force from the day following the date of its publication in the official gazette and the stakeholders must reconcile their status within three months from the date of its enforcement.

The provisions of the regulations will be applied to those authorized to carry out services in the field of telecommunications, which include supply, installation, and maintenance of telecommunication and information technology devices, systems, or networks, development, programming, and protection work for systems, applications, and databases,

management of communications and information technology systems or networks, project management or provision of advisory services in the establishment, development, or modernization of telecommunications networks, systems, or services, and providing cloud computing services and data centers, providing services in the field of telecommunications to the beneficiaries on behalf of the licensee and marketing of the licensee's services.

Non-Omanis will be not allowed in the field of connecting wires or optical fibers at the last link of the licensee's networks, supervising the excavation of communication cables,

installing, setting up, connecting, or maintaining communication devices and systems in exchanges, distribution points, or stations, installation and setup of communications and information technology networks or devices in homes. occupations related to information security, databases, data centers, or network management.

Some provisions of these decisions will be applied onsmall and medium-sized enterprises that obtained an entrepreneurship card after the lapse of 18 eighteen months from the date of enforcement of this regulation.

In all cases, both the licensee and the authorized person are obligated to provide the Authority with data about the workers who carry out the aforementioned works.

It is not permissible to carry out the services in the field of telecommunications stipulated in Article (2) of these regulations without obtaining a permit to that effect from the authority.

It is prohibited to assign, sell, rent or enable others to benefit from the permit.

The application for obtaining a permit shall be submitted to the authority on the form prepared for this, accompanied by all the required data and documents and a receipt for payment of the permit fee stipulated in Article (10) of these regulations.

The Licensing and Compliance Department at the authority will study the application for obtaining the permit, and decide on it within 30 from the date of its submission, complete with all the required documents, and the lapse of this period without a response is considered a rejection of the application.

The applicant may appeal against the rejection decision by virtue of a written request to the head of the authority explaining the reasons for the grievance within 60 days from the date of notification of the rejection decision.

The application shall be considered canceled if the applicant does not provide any of the information or documents requested by the authority within thirty days.

The authority shall issue the permit with specifying the scope for carrying out the authorized services, and the permit period shall be for five years, renewable upon the request of the authorized person, provided that the permit renewal application shall be submitted at least three months before the date of the permit expiry with the same procedures stipulated in these regulations, with payment of the stipulated permit renewal fee.

The authorized person may submit a request to amend the permit for the purpose of amending the areas of implementation of the authorized services, and the authority shall study the request in accordance with the procedures followed in issuing the permit.

The licensee must abide by the following:

Not assigning the implementation of services in the field of telecommunications to an unauthorized person.

Obtaining the authority's prior approval in case of contracting with companies or establishments that are not registered in the Sultanate of Oman.

Submit data every (6) six months on the contracts assigned to the authorized person according to the form prepared by the authority.

Obtaining the approval of the authority in the event of outsourcing to provide non-Omani workers to carry out works that allow the worker to access confidential information or view classified documents.

The authorized person must abide by the following:

1 - With the exception of the independent individual and small and medium enterprises, assigning business at a rate of no less than ten percent of the annual total value of the contracted services in the field of telecommunications to small and medium enterprises holding an entrepreneurship card, provided that the authorized person submits the details of the companies and the institutions with which he decided to contract during the submission of bids to the licensee, and to submit data on the sub-contracts every (12 twelve months.

2- Providing training and qualification for Omanis with the necessary skills and knowledge to implement services in the field of communications, whether through institutes approved by the Ministry of Labor or through training programs provided by academic bodies accredited in the Sultanate of Oman or manufacturers of systems and technologies, or from the licensee.

Ensuring that his workers in the field of installing or climbing towers pass accredited courses in the rules of occupational safety and security.

Issuing identification cards for his employees using an electronic system indicating the worker's name, profession, and powers.

Providing a special uniform for fieldworkers bearing the authorized logo and name, and installing the authorized logo and name on vehicles used in the implementation of services in the field of communications.

Achieving the Omanization percentages in the professions of specialists stipulated in these regulations, provided that the Omanization percentage shall not be less than the percentages achieved at the time of issuing the permit, and the authority may not renew the permits in the event that the Omanization rate falls below 70% cent in the professions of specialists.

Not assigning the implementation of services in the field of sub-telecommunications to individuals, companies, or institutions, except after obtaining a permit from the authority.

The authority may, in the event of a violation by the licensee or the authorized person of any of the provisions of these regulations or any of the conditions on the basis of which the license or permit was granted, compel the violator to submit a plan to rectify the violation within the period it specifies.

If he does not comply with the reform plan approved by the authority, the authority may sign one or more of the following penalties in proportion to the size of the violation:

A - Warning the violator.

b- Removing the violation at the expense of the violator.

c- Imposing a fine not exceeding RO100,000.

d- Suspension of the permit for a period not exceeding two years.

e- Revocation of the permit for serious violations or those that cannot be corrected by a reasoned decision.

Permit issuance fee

Permit and renewal for individuals - RO5.

Permission for the first time for institutions holding a valid entrepreneurship card - RO25.

Permit renewal for organizations that hold a valid Entrepreneurship Card - RO50.

Permit or renewal for small and medium enterprises registered with Riyada (holding a valid SME registration and classification certificate) - RO60.

Permit or renewal for other companies and institutions - RO500.

The percentage of Omanization after 12 months from the issuance of the permit will be 30, 40 (24 months), 50 (36 months), 60 (48 months), 70 (60 months) for Small and Medium Enterprises (SMEs) that hold an entrepreneurship card.

For SMEs registered with Riyada, 55% (12 months), 60% (24 months), 65% (36 months), 70% (48 months) and 70% (60 months).

For the rest of the companies and institutions, it will be 60% after 12 months and subsequently 70%.

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