National Radio Spectrum Law

The following expressions and terms, wherever mentioned in the Law, shall have the meanings assigned against each of them, unless the context requires otherwise:

Kingdom: The Kingdom of Saudi Arabia.

Law: This National Radio Spectrum Law.

Implementing Regulation: The implementing regulation of the Law.

Technical Regulations: Any rules, plans, directives, procedures, regulatory rules, conditions, requirements and standards of a technical nature issued by the Commission.

Board of Directors: the board of directors of the Communications, Space and Technology Commission.

Commission: The Communications, Space and Technology Commission, being the government entity responsible for regulating, managing, supervising and licensing the use of Radio Spectrum in the Kingdom and will exercise its functions in accordance with the objectives and principles set out in the Law and the Implementing Regulation.

Radio Spectrum: The part of the electromagnetic spectrum lower than 3,000 Gigahertz, such part is defined as radio waves, including the set of frequency bands mentioned in the International Radio Regulations and the National Frequency Allocation Table.

Wireless Devices: Any wireless devices, or wireless broadcasting sensitive equipment, or apparatus and equipment which causes interference, and any equipment, apparatus, products, tools, machines, or any other materials, which are connected to Radiocommunication Services or whose use may affect the technical capability for the provision of Radiocommunication Services.

Emerging Technologies: Technical innovations that represent a progressive development within a certain field, and which create a competitive advantage over prevailing technologies.

Harmful Interference: A harmful effect of radio waves propagating from any thermal emission, radiation, electrical induction, or transmission that harms the use, efficiency, or operation of the Wireless Devices, wireless communication systems, or other devices which are sensitive to radio waves.

International Radio Regulations: The regulations published by the International Telecommunication Union (ITU) in relation to the use of Radio Spectrum containing the rules agreed by the ITU member states, as amended from time to time.

Person: A person with a physical or juristic capacity, or a public or private entity.

License: A document issued by the Commission to one or more Persons for the right to access and use a specified part of Radio Spectrum, and any of the resources relating to the Radio Spectrum if applicable, subject to compliance with certain terms and conditions relating to such use.

Licensee: the Person who has obtained a License from the Commission in accordance with the Law, Implementing Regulation and any relevant Technical Regulations.

User: A Person who uses Radio Spectrum.

National Frequency Allocation Table: A document which describes the allocation of frequency bands in the Kingdom for Radiocommunication Services in accordance with the International Radio Regulations, which may include other information relating to conditions for use of frequency bands.

Frequency Reallocation: A process carried out by the Commission to change the Radiocommunication Service or technology or change usage controls in the National Frequency Allocation Table.

National Frequency Register: A register that contains all data relating to the Radio Spectrum used in the Kingdom, and data related to Licenses.

Radiocommunication Services: The types of Radio Spectrum uses as defined in the International Radio Regulations and involves the transmission, emission and/or reception of radio waves.

Orbital Resources: The paths created around any object in space, such resources comprising of orbital locations and orbital paths.

Committee: The committee entrusted with the examination of the violations of the Law.​

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The law aims to:

1. Promote the technical efficiency and economic value of the use of Radio Spectrum, in an environment free from Harmful Interferences, to provide an attractive landscape for investment in the Kingdom for the greatest benefit to Users, the national economy, society, and national security.
2. Promote innovation, research, and technical development and sciences across all relevant sectors that use Radio Spectrum, including developing subsectors and Emerging Technologies.
3. Promote and encourage fair competition in using the Radio Spectrum for the promotion of User benefit.
4. Promote clarity and transparency in the procedures of administering the use of Radio Spectrum.
5. Provide frequency bands to meet current and future demands for Radio Spectrum, including for commercial purposes, defence purposes, national security purposes, or for any other purposes such as public safety or other community purposes.
6. Promote optimal utilization of Radio Spectrum and adopt radio technologies that efficiently utilize the use of Radio Spectrum.
7. Protect the national security interest.
8. Improve the management and use of Radio Spectrum data, without prejudice to maintaining the confidentiality of confidential data.
9. Protect the public from harmful radio waves.​​
   

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The Board of Directors shall supervise matters related to the management of Radio Spectrum at the national level, including the following:

1. Approving the Implementing Regulation.
2.  Approving of the National Frequency Allocation Table, allocation of frequency bands and Frequency Reallocation.
3. Approving the regulation on licensing fees for the use of Radio Spectrum -based on the recommendations made by the Commission- and in agreement with the Ministry of Finance and the Non-Oil Revenues Development Center.
4. Concluding agreements and various types of contracts within the limits of the Board of Director's authority and delegating the Commission's personnel for concluding such agreements.
5. Forming committees and empowering them with necessary authorization to carry out their tasks.
6. Approving strategies relating to Radio Spectrum based on the recommendations made by the Commission.
7. Approving the selection of the delegation representing the Kingdom's interests at the ITU's World Radiocommunications Conferences, based on the recommendations made by the Commission
8. Resolving any issues regarding the national coordination of Radio Spectrum.

The Board may delegate some of its authorities to any personnel or committees in the Commission as it deems appropriate and as required by the conduct of its work.​​

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The Commission shall prepare the National Frequency Allocation Table -in coordination with the relevant authorities- which shall be approved by the Board of Directors, and license the use of Radio Spectrum based on its terms. The Commission shall propose updates to the National Frequency Allocation Table and manage it, taking into account the objectives of the Law and provisions of other laws and the international agreements to which the Kingdom is a party.​​

1. The Commission shall prepare plans relating to the future use of Radio Spectrum in coordination with the relevant stakeholders.
2. The Commission – in coordination with relevant stakeholders – shall prepare strategies relating to Radio Spectrum in the Kingdom, including objectives aimed at enhancing the way Radio Spectrum is managed and its national policies. The Board of Directors shall approve such strategies.​
   

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1. Without prejudice to ‎Article 2 and ‎Article 6 of the Law, the Commission may reallocate one or more specified frequency bands of Radio Spectrum subject to the approval of the Board of Directors .
2. The Commission shall take the views of the Licensees or Users in circumstances where it determines to reallocate one or more specified frequency bands of Radio Spectrum, except in circumstances where the Frequency Reallocation is for the implementation of any changes in International Radio Regulations.
3. The Commission shall specify a timeline for compliance by Licensees affected by the Frequency Reallocation, and the Licensees and Users must comply with any instructions issued by the Commission in this regard.
4. The Commission may compensate Licensees and/or Users, effected as a result of Frequency Reallocation, and take into account all fair circumstances and any relevant aspects as described in the Implementing Regulation and any relevant Technical Regulations.​​
   

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1. Subject to ‎Article 13, it is prohibited to use any frequency of Radio Spectrum without having the necessary License from Commission and without settlement of any applicable fees. The Commission may divide the fees in accordance with the relevant Technical Regulations.
2. The Commission shall classify the Licenses into categories that vary in the level of exclusivity in respect of the use of Radio Spectrum and level of protection from Harmful Interferences, and the Commission shall lay down the terms and conditions of each category.
3. The Commission shall determine the most appropriate mechanism of Radio Spectrum licensing and may issue Licenses pursuant to a competitive process.
4. The Commission may include conditions for Licenses to guarantee efficient and effective use of Radio Spectrum.
5. The Commission may impose different License conditions for competing Radiocommunication Services or Users using the same frequency bands if this is demonstrated to be necessary to achieve the objectives of the Law.
6. The Commission shall license the resources associated with the use of Radio Spectrum, in accordance with the Implementing Regulation.
7. Licenses may be terminated, amended and renewed pursuant to a request from the Licensee and subject to the approval of the Commission, in accordance with the Implementing Regulation and any relevant Technical Regulations.
8. A Licensee is prohibited from transferring or leasing their rights of use for Radio Spectrum prior to obtaining the approval of the Commission, and in accordance with the rules and conditions set out in the relevant Technical Regulations.
9. The Technical Regulations shall specify the requirements for the use of Radio Spectrum by Wireless Devices, the radio technologies used, the Radiocommunication Services and the various uses of the Radio Spectrum.​
   

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1. Technical Regulations shall determine the conditions relating to the use of Radio Spectrum in Wireless Devices in the Kingdom.
2. The Commission and the relevant entities concerned with product conformity, shall take the necessary procedures to ensure that Wireless Devices are in compliance with the relevant Technical Regulations.​​
   

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1. The Commission may exempt Users from obtaining a License for public safety purposes, low power devices, receiver devices and other purposes and uses.
2. The Commission shall issue Technical Regulations that specify license exempt uses, and the relevant rules and conditions for such uses.
3. The Commission may register the data of the exempted Wireless Devices in the National Frequency Register.​
   

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1. The Commission shall represent the Kingdom in relation to international aspects of Radio Spectrum on any regional, international or other bodies and World Radiocommunications Conferences where the International Radio Regulations are reviewed and updated, and may delegate such representation rights to other relevant stakeholders.
2. The Board of Directors –based on a recommendation of the Commission– shall identify the delegation responsible for representation of the Kingdom's interest at the World Radiocommunications Conferences of the ITU. The Commission is mandated with the enforcement of the Kingdom's international obligations in relation to the use of Radio Spectrum.​
   

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1. The Commission shall coordinate with the relevant authorities in other countries for the management of cross-border interference in accordance with the provisions of the International Radio Regulations and the provisions of the Technical Regulations issued in this regard.
2. The Commission shall coordinate internationally all matters relating to Orbital Resources and its related Radio Spectrum, and record the orbital locations and Radio Spectrum of the Kingdom in the ITU's records, in accordance with the provisions of the International Radio Regulations and the provisions of the Technical Regulations issued in this regard.
3. In accordance with the International Radio Regulations, the Commission shall submit any required data to the ITU so that Radio Spectrum Licenses in the Kingdom can be registered in the ITU's master international frequency register and receive international recognition for protection from Harmful Interference.​
   

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1. The Commission shall establish a National Frequency Register in the Kingdom and register data relating to Radio Spectrum. The Commission is responsible for managing, updating, and taking the appropriate measures to maintain its confidentiality.
2. The Commission shall ensure that the National Frequency Register is kept up-to-date, and it may, at its discretion, request additional information or documents from any User at any time for the purpose of updating the data of the National Frequency Register, and Users shall provide and update any data that the Commission requires.
3. Without prejudice to paragraph ‎1 of this Article, the Commission may publish the National Frequency Register data or provide access thereto.​​
   

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1. Licensees shall comply with the terms and conditions of the Licenses.
2. All Users shall comply with the provisions of the Law, Implementing Regulation, Technical Regulations and any relevant conditions issued by the Commission.​
   

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1. If Radio Spectrum is used in violation of the Law, Implementing Regulation, Technical Regulations, or the terms and conditions of a License, the Commission may suspend the operation of the Wireless Devices used in the violation or withdraw them from service, and it may seek the assistance of the competent security authorities, when necessary.
2. The Commission may set a timeline for the Licensee to rectify its violations.​
   

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1. A committee or more comprising of at least three members with the right qualifications, must be established pursuant to a decision of the Board of Directors and based on the recommendation of the Commission, such members to include at least one legal advisor to examine the violations of the provisions of the Law, Implementing Regulation, and Technical Regulations, and to impose the penalties mentioned in ‎Article 23 of the Law.
2. Implementing Regulation shall determine the procedures of the Committee.​​
   

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Any Person against whom a decision is issued by the Commission or Committee may submit a grievance according to the statutory procedures adopted for objection against the administrative decision.​​

The Commission shall issue the transitioning provisions and timelines to comply with the provisions of the Law, Implementing Regulation and Technical Regulations in respect of the Licenses, fees or Users.​​​

The Commission shall seek assistance from public or international or local private bodies to carry out some of its functions as per the Law and may delegate some of such functions to such bodies, in accordance with the policies and criteria set out by the Board of Directors.​​

In emergency cases, the Board of Directors may, at its sole discretion, restrict the access to and use of any Radio Spectrum in accordance with previously issued Licenses, and making it available to any other entity.​​

If a dispute arises between Licensees and other Users, or between Users, in connection with any matter falling within the scope of the Law, Implementing Regulation or Technical Regulations, any party to the dispute may apply to the Commissionfor an amicable settlement of the dispute. Upon the failure of any settlement, or the elapse of thirty (30) days without a settlement, such Licensee or User may have recourse to the competent judicial authority. Implementing Regulation shall specify the amicable settlement procedures.​​

1. Subject to the transitioning provisions and timeframes set out in ‎Article 27 of the Law, the Law shall enter into effect after one hundred and eighty (180) days from the date of its publication in the Official Gazette.
2. Any provisions that are inconsistent with the provisions of the Law shall be abrogated or disapplied and the Law should in any event take precedence over any provisions, regulations or regulatory decisions relating to Radio Spectrum.​
   

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