January 2001

Algeria Master Report

This is the final Regulatory Developments report on Algeria as the ESIS project ended in January 2001. This Master Report covers the whole period of the ESIS project surveying the Mediterranean area, March 1999 - January 2001 inclusive. 

1. Introduction and Summary

2.2.2 Licensing

A permanent inter-ministerial commission has been set up and is in charge of examining licence demands and of formulating recommendations concerning services development and in other matters relating to Internet services provision. A representative of the Minister of Telecommunications heads this 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).

The Regulation Authority that has several tasks connected to telecom affairs among which to grant licenses for public and private telecommunication operators.

2.2.3 Quality of Service

The RELEA (Algerian network of laboratories of tests and analysis of Quality- http://www.cerist.dz/association/webrelea/webrelea.html) was created by the decree 96-355 of October, 19^th 1996. This institution has in charge all works of study, search and consultation in order to protect, inform the consumers and improve the products quality. It is composed of many laboratories commanded by different ministries including the ministry of Posts and Telecommunications which can consult the RELEA for telecom issues.

The Regulation Authority that Watches the fulfillment and the respect of the general conditions of quality, services and information as stipulated in the telecommunication license granted to the forthcoming new operators.

2.2.4 Interconnection

Individuals or companies can exploit telecommunication lines or networks intended for special transmissions regarding a convention specifying the goal, the object and the length of concession (Art. 390 of the code of Posts and Telecommunications: regulation part).

2.3 IS Application Areas (general overview)

Although there have been many projects developing in several key sectors like education, health care, industry, scientific research, commerce and economy, and although the government is acting in such a way to encourage and foster the emergence of the Information Society in Algeria, there has been no accurate and clearly set regulatory policy connected to this concept. But the lately issued regulations (that on telecommunications) are considered as the necessary milestones to build the information society.

2.4 Government and Administration (national, regional, local)

The government is actively working on an overall strategy for promoting new technologies and modernising infrastructures in key sectors which is an essential requirement for the information society.

The Algerian Parliament plays an important part in taking decisions of national importance. It is bicameral: there are the National People’s Assembly (APN - http://www.apn.gov.dz) and the Council of the Nation (second House – http://www.majliselouma.dz). The fundamental function of the Parliament is to vote laws and bills entered by the members of parliament. In addition it controls all the actions of the executive, that is, the President, the Prime Minister and the members of the government. In fact, the first step towards privatisation goes back to the year 1988 when a new Constitution was drafted, following political and economical unrest, along with new legislation in the years to come. At regional and local levels, however, the Wilaya stands at the head of smaller areas ('Daira' and 'Commune').

The Information High Council is an independent authority of regulation which is in charge of specifying appropriate modes in order to establish freedom of expression and information rights.

In December 2000 there have been a reshuffle in the parliament. New Members of Parliament have been appointed.

2.5 Telecommunications and Internet

2.5.1 Telecommunications:

Since 1975, the telecommunications sector has been under the monopoly of the Ministry of Posts and Telecommunications (PTT- http://www.barid.dz). Telecommunication implies: all transmission, broadcast or signs reception, signals, writings, pictures, voices or information of any kind, by wire, optic, radio-electricity or other electromagnetic system (Art. 1 and 38 of the Posts and Telecommunications code, orders n° 75-89 of December 3, 1975, legislative part).

The Ministry of Posts and Telecommunications is in charge of promoting and co-ordinating research programmes in telecommunications (Art. 18 of the decree n° 83-71 of January 8, 1983 with assignments of the Posts and Telecommunications Ministry).

The telephone, telegraph, and pneumatic lines or signals of "private interest" may be constructed for the exclusive needs of the license holder (Art. 375 of the Posts and Telecommunications code regulation part).

The leased lines may be constructed and defined as follows: The leased line can be used to join two or several premises 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 into normal telegraph and telephone 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 Posts and Telecommunications code, regulation part).

Its objectives are:

• The TDA (Tele-Diffusion of Algeria), created by the decree 91-98 of April, 20^th 1991, exclusively ensures the diffusion and the transmission of sound and television broadcasting programmes inside Algeria and towards foreign countries.

• It also works out the technical plans of frequencies distribution in the allocated band frequencies according to conventions and specialised international conferences as well as to the Information High Council decisions.

• The new Law n# 2000-03 of the 5^th August setting the general rules bound to the Posts and Telecommunications has been approved by both the Council of the Nation and the Senate (the two Houses of the Algerian Parliament). This Law introduces changes by opening the way, for the first time, to competition between private operators. It defines the four operating modalities for the exploitation of the telecom services: the License, the Agreement, the Declaration and the Authorisation. One more important change will consist on the separation of the two activities into separate entities: Posts independently from telecommunications.

The principal objectives behind this law are:

• Setting up an adequate legal environment for an open market,

• Guaranteeing a universal service for all, including remote rural areas,

• Developing public and private investment,

• Improving service quality within reasonable costs through well established competition rules,

• Reinforcing the State role regarding the control and monitoring of commercial practices,

• Defining the conditions of setting up new operators.

In order to reach these goals, the law sets up certain measures like:

• The separation of postal and telecommunication activities.

• The constitution of Algérie Télécom: a telecommunications company that will inherit the telecommunication activities of the Ministry of P&T and could even offer services, through a license awarded by the newly established regulation authority. This company should then offer a better performance, have a flexible administration and would be able to take up investment decisions and use private financial sources.

• The liberalisation of the telecommunication sector by opening the GSM mobile telephony to new operators before the end of 2001, in addition to:

• VSAT, GMPCS new operators by 2001

• Liberalisation of value-added services in 2001

• New telecom operators in the less favoured areas in 2002

• New national long distance calls operators in 2002

• New international calls operators in 2003

• A total opening of the telecom market by 2005

• The creation of a Regulation Authority which was assigned with the following tasks:

• Looking after the existence of an effective and faithful competition in the postal and telecom markets and taking the necessary measures to promote competition in these markets,

• Supplying, within the respect of the property rights, the sharing of telecom infrastructures,

• Planning, managing, assigning and monitoring the use of frequencies in the radio-electric frequency bands with a full respect for the principles of non-discrimination between the operators,

• Setting up a national numbering plan and granting numbers to the operators,

• Accepting interconnection reference offers,

• Protecting the interest of users,

• Watching the fulfillment and the respect of the general conditions of quality, services and information as stipulated in the license of each operator.

After a call for tender that was issued in June 2000 by the Ministry of P&T, the French bank BNP-Paribas has won the contract to engineer Algeria's sale of GSM mobile phone license.

Another call for tender is to be issued in the beginning of 2001 for international telecom operators. Those operators expected to respond are Telecom Italia and France Telecom.

In order to reinforce the technical skills of trainees and develop a well-trained human potential in telecommunications, a national network of regional telecom schools has been established (a few years ago). In October 2000, a new regional specialised school was inaugurated in east of Algiers.

2.5.2 Internet

The Internet entered the national arena in 1991 by the Algerian Association of the UNIX users. In 1993, the CERIST (a public research centre- http://www.cerist.dz), via Dial Up, became the unique Internet service provider in the country. In 1995, even still limited, a possible access for a larger public was introduced. In 1998 the government decided to open competition between other providers and approved their activities under the ministerial decree n# 98-257. In 1999, Internet exploitation was opened to private operators. By March 2000, there were 18 ISPs. In the third quarter of the year 2000, new agreements have been delivered by the ‘Internet Commission’ to ten new ISPs. Thus, increasing their number to 28.

In the beginning of June 2000, during the council of ministers, the discussions about more flexibility in both telecommunications and Internet were high on the agenda. The President emphasised that reforms have to be implemented. By the end of the year 2000 opening Internet services to foreign operators is still holding the attention of the concerned authorities but no firm decision on this would be taken before a few months.

The decree 2000-307 of October 2000 relating to Internet services exploitation modifies the previous decree (98-257). It stipulates that the licence modality is to be replaced by an authorisation.

2.6 Electronic Commerce

It is difficult to talk about an actual e-commerce in Algeria for some obvious reasons that constitute an impediment to its development. That is to say, an inadequate banking system, and a not-yet well established policy and regulation. But as an increasing number of public and private companies are developing their web sites, many of them offer services (except on line payment) through the Internet. (see portal web site: http://eldjazair.net.dz or http://www.edjazair.com)

2.7 Education and research

In 1998, the Ministry of Higher Education and Scientific Research (http://www.mesrs.edu.dz) enacted the bill n# 98-11 on scientific research and technological development. The major aims of this bill are to define the basic principals for the promotion of the scientific research and the technological development as well as the measures and the means to be set for more actual actions. The bill has indeed as prior targets:

• To reinforce the scientific and technological background in the country,

• To put together the necessary means for the development of scientific research,

• To develop national information and telecommunication systems as well as information and computing technologies, and communication strategies.

Moreover, decision makers in the Ministry of Education (http://www.meducation.edu.dz) are actively working on the promotion of the use of computers in primary/secondary and high schools and universities by teachers and students. Teaching computing science has become compulsory at all levels of education from Q2 2000.

Within the framework of an overall strategy of reforming and restructuring the education system, a national commission was created in May 2000 by the presidential decree n# 2000-101. This commission is in charge of analysing the national system of education and will consequently present, in February 2001, its proposition of reforms to the Ministry of Education.

As far as professional training is concerned a similar strategy is adopted. A committee has been set up in December 2000 aiming at promoting, co-ordinating and evaluating the scientific and technological activities of this sector.

One important organisation within the Ministry of Higher education and Scientific Research is the National Agency for the Development of research in universities (ANDRU- http://www.andru.gov.dz). The main missions assigned to this Agency are to elaborate and follow up the implementation of annual and multi-annual research programmes and to ensure the valorisation of the research process results.

2.8 Transport

Even though there are some IS projects in the transport sector no actual regulatory action has been undertaken so far.

2.9 Health care

Health care is a priority in the government’s reform strategy. Developing this sector and equip its organisations (hospitals, health centres, etc.) with adequate modern infrastructures and tools constitutes a pressing need for the sector and the population alike, as well as an urgent matter for the authorities. The general tendency during medical meetings is mainly devoted to ICTs applied to health because this will certainly facilitate the access to remote areas and offer a better medical services for patients at a lower price.

Health Documentation National Agency (ANDS – http://www.ands.dz) is a public company acting under the leadership of the Ministry of Health. It was created on the 14^th October 1995 by the decree 95-319. It offers a wide range of services and publications that deal with populations and health. It has also an online access to its database which lists the available publications of different editors in addition to an access to some medical encyclopedias and offers the possibility of subscription. As far as the information society is concerned, the ANDS is involved in many projects. For instance, the network that gathers together a lot of medical/health institutions such as hospitals and health administrations.

2.10 Labour

Introducing the massive use of computers in all sectors and administrations since a decade now substantiates the government position in modernising the working environment.

2.11 Competition

As fundamental changes are being implemented and with the advent of numerous Internet service providers and upcoming GSM mobile telephony operators, more consideration is being given to competition. As far as telecommunications are concerned the new law of August 2000 is a clear legal and legislative background that supports and fosters a transparent and fair competition.

2.12 Access for all

Access for all to telecommunication services is one of the first top priorities of the government who drafted in August 2000 a new law on that issue. It guarantees the access to universal services for all, including remote rural areas.

2.13 Copyright, intellectual property rights

A national office of authors rights (ONDA) has been created by the ordinance n# 73-46 of July, 25^th 1973 which registers Algerian intellectual works and ensures the protection of moral and material interests of intellectual works producers.

The ordinance n# 97-10 of March, 6^th 1997 relating to the Copyright is to protect scientific and technical research works as well as software and other computing programs.

• INAPI (National institute for industrial property) created on February 21^st 1998 by the decree n# 98-68 works out the national policy on industrial property and ensures the protection of moral rights of inventors.

2.14 Public access to data

The wide use of Internet and the huge number of 'cyber-cafés' has become an important element in reaching information and access to data.

There are also some public offices and agencies of specialised information which are accessible for all, such as:

• ONS (National Office of Statistics – http://www.ons.dz)

• CNIG (Geographical Information National Council - http://www.ons.dz/cnig/index.htm)

• CNIDE (National Centre on Economic Information and Documentation)

• CREAD (Research Centre Applied to Development)

• CERIST (Research Centre on Scientific and Technical Information – http://www.cerist.dz)

• ANDS (National Agency for Health Development – http://www.ands.dz)

2.15 Privacy, data protection, consumer protection

The law 303 of the penal code (see Art. 47 and 48 of the Posts and Telecommunications code: legislative part) punishes all violation of secret correspondence trusted to the service of telecommunications.

The confidence of conversations through shared lines is assured (Art. 311 of the Posts and Telecommunications code: regulation part).

All Internet service providers must keep confidential the privacy of their subscribers and submit all project of use of any encryption system. They must assume the responsibility of the content of the Web sites and data servers that they develop and that host. They must ensure a constant watch of the accessible server content to their 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).

2.16 Security

The distribution of broadcast and radio-electric frequency use is submitted to the authorisation of the Information High Council (Art. 56 of the law n° 90-07, 3 April 1990 relative to information).

On the aftermath of the ‘internet explosion’, specialists like Mr Ouhadj (President of the Internet Commission) are urging the creation of an E-Security Club to protect SMIs as well as SMEs and that this could only be achieved by a societal awareness through education – education system- and information.

2.17 Freedom of expression and information as far as the distribution via electronic networks is concerned

The Information High Council is an independent authority of regulation which is in charge of specifying appropriate modes in order to establish freedom of expression and information rights. It stays up the diffusion and the distribution of the written, spoken, and audio-visual information through the country.

The access to information is free. The media public sector ensures an equal access to the free opinion and freedom of expression. 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). All popular national newspapers have their own web sites (they can be viewed through the portal site: http://eldjazair.net.dz).

On January 1999, the first private information agency (Algerian Information Agency) has been created in addition to the sole public one (Algerian Press Service: APS- http://www.aps.dz).

The Algerian National Assembly has set up a preparatory regulation for the liberalisation of the media sector: television and radio waves. This Bill would pave the way for the liberalisation of the communication and information sectors. It is still underway.

2.18 Others

2.18.1 Tariffs policy

An actual step in the promotion of the use of telecom services has been achieved since the lately issued decree 2000-335 of October 26, 2000 implementing an annual forfeit on telecom allowances for the benefit of central administrations, national public institutions and other state organisations. The tariff of this forfeit and its corresponding application modalities are set by an agreement shared between the P&T administration and the beneficiary institution.

2.18.2 Conventional Telephony

Beforehand, the Minister of Posts and Telecommunications proceeded at setting tariff and regulation policy (Art. 10 of the decree n# 83-71 of January 8, 1983, defining attributions of the Post and Telecommunication Ministry).

The creation of the regulation authority as stipulated in the law n# 2000-03 of the 5^th August will ensure regulatory provision of tariffs.

The inter-city telephone communications 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 Posts and Telecommunications code: regulation part). The maintenance inclusive royalties of private lines are payable. It is too early to assess the impact on these tariffs of the law issued in August 2000, but a change may occur.

2.18.3 Mobile telephony

Access tariffs to the public mobile radiotelephonic services are fixed by the decree 98-327 of October, 13^th 1998. On the other hand, GSM access tariffs represent twice those of the NMT system. But with the advent of new GSM mobile telephony, operator subscription tariffs will become more competitive. This will be the major task assigned to the regulation authority that will monitor the tariff policy according to the new law on telecommunications.

2.18.4 Internet services

Following the deregulation concerning ISP (decree 99-257 of August 25^th 1998) private providers were granted agreements from the Ministry of Posts and Telecommunications for the exploitation of Internet services. This has positively affected/subdued connection tariffs.

2.18.5 Media

In Algeria there is only one T.V channel (ENTV- http://www.entv.dz), four national radio channels (http://www.algerian-radio.dz) and several local radio channels. ENTV is also an audio-visual production company acting for more than three decades as the sole supplier of T.V programs.

An audio-visual production (public) company will be created by the year 2000 according to the daily national newspaper 'Le Jeune Independant' n# 393 of 17^th August 1999. This company will be open to public and private capitals. It will take in charge the production of audio-visual programs inherited from three former audio-visual companies: ENPA, ANAF, CAAIC.

3.1 Ministries

Even if the restructuring operation concerning the posts and telecommunications has started a few months ago, the Decree 83-71 of 8 January 1983 is still setting the assignments of the Ministry of Posts and Telecommunications. The latter assures the implementation of national policies in matter of telecommunications 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 83-71 of January 8, 1983 which sets the assignments of the P&T Ministry).

Under the Minister's authority, attended by a "General Secretary", the central administration includes a general inspection, five general directorates of which the general directorate of telecommunications and an agency accountant of the budget. The general direction of telecommunications is in charge of managing telecommunications 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 is in charge of all researches dealing with this matter.

The general direction of telecommunications includes four directions dealing respectively with studies, transmissions, commutation and exploitation (Art.1, 8, 9 setting organisation of the central administration of telecommunications Ministry).

The Minister of Posts and Telecommunications is endowed with four technical counsellors dealing with consultations, technical studies and specific tasks. They are in charge of economic and financial study relations, links with international organisms, studies on legislation, regulation, legal analysis, preventive security questions and other specific questions relating to telecommunications (decree 83-73 of January 8, 1983 setting the number and functions of the technical counsellors for the Ministry of Posts and Telecommunications).

The "CERT" a Research Centre on Telecommunications, has been created in 1998 (Ministerial decree 98-82 of February 25, 1998 related to the creation of a research Centre on telecommunications "CERT") and placed under the authority of the Posts and Telecommunications Minister. The missions of the Centre are programs of studies and researches for the modernisation of the national telecommunication network, by introducing new technologies, conceiving prototypes of equipment and material and setting new methods of development. It updates the validity of technologies in conformity with national and international standards.

3.2 National regulatory authorities

The Algerian Parliament is bicameral: there are the National People’s Assembly (APN - http://www.apn.gov.dz) and the Council of the Nation (second House – http://www.majliselouma.dz). The fundamental function of the Parliament is to vote laws and bills entered by the members of parliament. In addition it controls all the actions of the executive, that is, the President, the Prime Minister and the members of the government. In fact, the first step towards privatisation goes back to the year 1988 when a new Constitution was drafted, following political and economical unrest, along with new legislation in the years to come. At regional and local levels, however, the Wilaya stands at the head of smaller areas ('Daira' and 'Commune').

In December 2000 there have been a reshuffle in the parliament. New Members of Parliament have been appointed.

The Information High Council is an independent authority of regulation which is in charge of specifying appropriate modes in order to establish freedom of expression and information rights. It stays up the dissemination and the distribution of the written, spoken, and audio-visual information through the country.

3.3 Office for the protection of economic competition

As far as protection is concerned, the ordinance 95-06 of January, 25^th 1995 defines the arrangement and the promotion of a free competition as well as the laws of its protection. It is applied to the production and distribution of services including those of public persons and associations. It is also applied to all contacts, agreements or conventions which aim is the carrying out of production and/or distribution activities and ownership. This ordinance stipulates the creation of a council in charge of the promotion and the protection of competition. This council plays also an advisory role (Art. 19).

Following the adoption of the new telecommunication Law of August 2000, a new independent regulatory body will be appointed in order to monitor telecommunication activities. It will be in charge of the control and the provision of agreements and licenses to the forthcoming telecom private operators. The head of this regulatory authority will be appointed by the President.

3.4 Consultative councils

The decree 96-106 created the Privatisation Council in March, 11^th 1996. This council is in charge of elaborating the privatisation program in addition to its advisory role. Though the telecommunications sector was not concerned by privatisation until 1998, the ongoing changes in that sector are paving the way to this council to interfere in its regulatory aspects.

The Audio-visual National Council (CNAV), created by the decree 90-218 of July, 21^st 1990, is an advisory council which proposes to the Prime Minister legislative and regulatory texts and projects that might rule all the activities related to audio-visual production, broadcasting, distribution and exploitation.

TDA (Algeria Broadcasting), created by the decree n# 91-98 of April, 20^th 1991. Its role is to ensure the diffusion and the transmission of programmes of sound broadcasting and television in Algeria and towards foreign countries. It also plays a consultative role by participating in:

• The setting up of the state industrial policy concerning the audio-visual communication techniques,

• The elaboration of the state policy concerning diffusion, manufacturing, distribution and installation of audio-visual communication services.

Recently, CERIST (Research Centre on Information and Technical Information) has initiated a proposition for setting up a legal body that will study legal and regulatory issues connected to ICT affairs such as, new technologies fraud, hacking, data protection, e-signature, copyright, etc.

3.5 Bodies in charge of RTD policy

The DCR (Research Co-ordination Directorate- http://www.dcr.cdta.dz) is the official body in charge of the co-ordination of the research at a national level. It launches calls for proposals and validates the different national research programmes.

CERIST, created under the decree n# 85-56 of March 16^th, 1985, is a public research centre. In the decree it is clearly stipulated that in addition to its role in the development of a national scientific and technical information system, the CERIST is allowed to study and propose regulatory measures for the development of the scientific and technical information. It is also endowed with the right to propose the appropriate measures to ensure a balanced dissemination and flow of the scientific and technical information nation-wide.

3.6 Organisations in charge of the promotion of the IS

Although there is no organisation in charge of the promotion of the information society yet, all the reforms that are taking place, particularly in the telecommunications sector, and the escalation of interest in liberalisation which is gradually supported by appropriate legal and legislative framework are seen as frantic efforts to the promotion of the information society.

In the framework of the national health research programme, a fourth call for project proposals in Healthcare for the year 2001 has been issued by the ANDRS (National Agency for Health Research Development – http://andrs.citeweb.net) setting the deadline to 18 January 2001. One essential factor in evaluating these projects is the constitution of experience and information sharing networks.