July
1999
Algeria
Master Report
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Algeria Master Report |
I - General background
The monopoly of telecommunications is under the authority of the administration of Post and Telecommunications. In Telecommunication, one means: all transmission, broadcast or signs reception, signals, writings, pictures, voices or information of all nature, by wire, optic, radio-electricity or other electromagnetic system (Art. 1 and 38 of the Post and Telecommunication code, orders n° 75-89 of December 3, 1975, legislative part).
The Minister of Post and Telecommunications is in charge of promoting and co-ordinating a program of research in matter of telecommunication. (Art. 18 of the decree n° 83-71 of January 8, 1983 with assignments of the Post and Telecommunication Ministry).
The telephonic, telegraphic, pneumatic lines or signals of ‘private interest’ may be constructed for the exclusive needs of the licence-holder (Art. 375 of the Post and Telecommunication code regulation part).
The leased lines may be constructed and defined as follows:
The leased line can be used to join two or several establishments for the exploitation of data services. It can be used for conversation exchange, signals relating to interests of data services. The leased lines are subdivided in normal telegraphic and telephonic ones and in leased links to particular features. The linkage of the leased lines to the general network is intended, exclusively, to data services (Art. 1, 2 and 3 of the modifying ministerial decree n° 98-256 articles 359, 360 and 369 of the Post and Telecommunication code, regulation part).
2. Institutional structures in charge of the regulatory issues
The order n° 75-89 of December 30, 1975 creates the code of Post and Telecommunications. The Decree n° 83-71 of 8 January 1983 sets the assignments of the Ministry of Post and Telecommunications. The latter assures the implementation, in a concerted setting, of the national policies in matter of telecommunication and looks after their application. The Ministry is in charge of preparing studies and necessary measures for the application of the monopoly in matter of telecommunications. It is in charge, as well, of the realisation and the coherent use of different radio-electric networks (Art. 1 to 4 of the decree n° 83-71 of January 8, 1983 which sets the assignments of the Telecommunication Ministry).
Under the Minister's authority, attended by a ‘Secretary General’, the central administration includes a general inspection, five general directions of which the general direction of telecommunication and an agency accountant of the budget. The general direction of telecommunication is in charge of managing telecommunication monopoly, looking after its respect and proposing general policies on the subject. It is, as well, in charge of developing and managing general network according to specific technical standardisation that it establishes. It’s in charge of the research in the matter.
The general direction of telecommunication includes four directions dealing respectively with studies, transmissions, the commutation and the exploitation. (Art.1, 8, 9 setting organisation of the central administration of the telecommunication Ministry).
The Minister of Post and Telecommunication is endowed of four technical counsellors dealing with consultations, technical studies and specific tasks. Their domains of intervention are the economic and financial study relations, the links with international organisms, the studies on legislation, regulation, legal analysis, the preventive security questions and the specific questions in matter of telecommunication (decree n° 83-73 of January 8, 1983 setting the number and functions of the technical counsellors for the Ministry of Post and Telecommunication).
The "CERT" a Research Centre on Telecommunications, has been created in 1998 (Ministerial decree n° 98-82 of February 25, 1998 related to the creation of a research Centre on telecommunication "CERT") and placed under the authority of the Post and Telecommunication Minister. The missions of the Centre are programs of studies and researches for the modernisation of the telecommunication national network, by introducing new technology, conceiving prototypes of equipment and material and setting new methods of development. It updates the validity of technologies in conformity to the national and international norms.
3. International relationships and agreements
The radio-electric service within the direction is, as well, in charge of relations with the international committee of registration of the UIT frequencies (Art. 11 of the decree n° 83--72 of January 8, 1983 dealing with organisation of the central administration of the Ministry of Post and Telecommunications).
The historical overview of setting telecommunication and information regulation in Algeria can be represented chronologically by these following orders, laws and quoted decrees:
Only people of Algerian nationality are allowed to assure Internet services for commercial purposes. The requests must be addressed to the Minister of Telecommunication setting out details about proposed services and mode of access. A technical study will specify the architecture, facilities, software, partners as well as modes of connection. The users of foreign provider services are submitted to these same conditions. The license of exploitation is given for indeterminate period. (Art. 4, 5 and 8 of the ministerial decree n° 98-257 of August 25, 1998 defining conditions and appropriate modes for using and operating Internet services).
4.2 Present general legislation
The Minister of Post and Telecommunications defines the development policy of the sector of telecommunications and proposes all relative codification and regulation. In matter of planning , it is in charge of studying necessary measures to develop new orientations on the national policies thus in order to implement new techniques on the subject. (Art. 5, 8 and 9 of the decree n° 83-71 of January 8, 1983 which defines attributions of the Post and Telecommunication Ministry).
The Ministry follows and controls the activity of the private enterprises exercising in the sector, proposes technical regulation of security, participates to the establishment of norms of work security and promotes the normalisation of products of the sector. (Art. 13, 14 and 17 of the decree n° 83-71 of January 8, 1983 fixing assignments of the Post and Telecommunication Ministry).
No installation of telecommunication can be established either used unless the Ministry of Post and Telecommunication agreement ; the establishment of links outside of the state network is subordinated to the previous authorisation (Art. 39 and 40 of the Post and Telecommunication code, legislative part).
The radio-electric stations that are out of the administration scope may take part in public telecommunication services. (Art. 475 of the Post and Telecommunication code, regulation part).
Key measures |
Objective |
Date |
| Possibility of networks constructing and upkeeping by its private owners | Deregulation | Art. 398 of the Post and Telecommunication code, regulation parts. |
| Creation of the Cert | Promotion of telecommunication technologies | Ministerial decree n° 98-82 of February 25, 1998 of creation of the Cert |
| Deregulation concerning Internet providers | Deregulation | Ministerial decree n° 98-257 of August 25, 1998 defining conditions and appropriate modes for using and operating Internet services. |
4.4 Issues
4.4.1 Liberalisation
Liberalisation status |
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| Infrastructures | Monopoly |
| Voice telephony | Monopoly |
| Mobile communication | Monopoly |
| Data transmissions | Liberalised |
| Value Added Services | Liberalised |
| Internet services provision | Liberalised |
| Equipment provision | Partially liberalised |
4.4.2 Licensing
A new permanent commission has been set up and is in charge of examining license demands and of formulating recommendations in matter of service development and in others related to this subject. The representative of the Minister of Telecommunications heads the Commission. (Art. 15 and 16 of the ministerial decree n° 98-257 of August 25, 1998 defining conditions and appropriate modes for using and operating Internet services).
4.4.3 Tariffs policies
The Minister of Post and Telecommunication, after dialogue, proceeds to the establishment of the tariff and regulation on the subject. (Art. 10 of the decree n° 83-71 of January 8, 1983, defining attributions of the Post and Telecommunication Ministry).
The inter-city calls of newspapers and press agencies are of a special tariff. The royalties for usage right can be reduced favouring public service. (Art. 18, 28, 32, 300 and 381 of the Post and Telecommunication code: regulation part).
The maintenance inclusive royalties of private lines are fore payable. Some royalties asked by townships for using facilities due to the contractors. (Art. 423 and 419 of the Post and Telecommunication code: regulation part).
4.4.4 Interconnection
Individuals or societies can exploit telecommunication lines or networks intended for special transmissions regarding to a convention specifying the goal, the object and the length of concession. (Art. 390 of the code of Post and Telecommunication: regulation part).
5.1 Privacy, data protection, consumer protection
The Internet provider is submitted to some duties. He must keep confidential all relative information to the private life of his subscribers and submit all project of utilisation of encryption system. He must assume the responsibility of the content of pages and data servers that he develops and that he shelters. He must assure a constant surveillance of the accessible server content to his subscribers. (Art. 14 of the ministerial decree n° 98-257 of August 25, 1998 defining conditions and appropriate modes for using and operating Internet services).
The law 303 of the penal code (see Art. 47 and 48 of the Post and Telecommunication code: legislative part) punishes all violation of secret correspondence trusted to the service of telecommunication.
The confidence of conversations from post of subscription through shared lines is assured (Art. 311 of the Post and Telecommunication code: regulation part).
5.2 Electronic protection, legal protection and security
The distribution of broadcast and radio-electric frequency utilisation is submitted to authorisation of the Superior Council of Information. (Art. 56 of the law n° 90-07, 3 April 1990 relative to information).
5.3 Freedom of expression and information
The Superior Council of information, an independent authority of regulation has been established. It is in charge of specifying appropriate modes in order to establish opinion expression rights. It stays up to the diffusion and the distribution of the written information, spoken, tele-viewed through the country.
The right to information is freely well established. Organs and titles of the public sector assure the equal access to the expression of opinion and thought. The edition of all periodic publication is free. (Art. 2, 3, 10, 14 and 53 of the law n° 90-07, 3 April 1990 related to information)
II. On-going developments
1. Ongoing changes in institutional structures
Ministerial decree n° 98-82 of February 25, 1998 dealing with the creation of the Centre of Studies and Research on telecommunication or ‘CERT ' within the administration of Post and Telecommunications.
2. On-going changes in the regulatory framework
Ministerial decree n° 98-256 completing the order n°75-89 of December 3, 1975 on the code of Post and Telecommunications.
Ministerial decree n°98-257 of August 25, 1998 defining conditions and appropriate modes for setting and operating Internet services, by opening the ISP sector will have an impact on tariff connections.
An audio-visual production Society will be set up before 2000 according to J.I. algerian newspaper n° 393 of 17th August 1999.The Society will have public status and will be open to public and private investments.
4. On-going developments on IS policies
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