This report deals with the major regulatory developments impacting the creation/development of the Information Society.

Telecommunication in Morocco is considered as a basis for other sectors of activity, as a factor of development and support for the reform of structures. Morocco owns one of the largest telecommunications networks in Africa, in its infrastructure and subcontracting qualities. This network has been improved and developed notably by the placement of new telecommunications techniques.

Historically, the main bulk of development activity is done by Maroc Telecom, a public establishment with commercial and industrial roles. The appearance of enterprises and commercialisation companies of telecommunication products is witnessed in the framework of the privatisation policy and the opening which is beginning in the area of products and services.

Increasing pressure and demand will reinforce the private operators’ role in the field of subcontracting and products commercialisation : telecommunication and added value services, cellular mobile services, data transmission, wide band network, videotext and RNIS.

The new structure as defined by law no 24-96, outlines the following objectives :

• to grant the telecommunication sector an efficient and transparent regulatory framework which favours legal competition to help the users of telecommunication networks and services.
• to continue development of these networks and services favouring initiatives tending to adapt to technological evolution and scientific progress
• to supply a public service throughout the Kingdom and to all categories of population all of which being in the framework of the economic and social development plan.
• to provide the national economy the means of communication based on constantly developing technology in order to increase its opening and integration in world economy ;
• to boost the postal sector through the introduction of competition in accelerated international mail
• to help the creation of jobs directly or indirectly linked to the sector.

The deliverance of a second GSM licence to the group Medi Telecom has provoked agitation within Maroc Telecom who has used the time necessary to install a second operator to establish existing customer loyalty and to develop the market :

• an aggressive commercial policy ( a reduced pricing policy, a communication campaign)
• launch of prepaid card "Jaoual" (360dhs for 30 minutes communication)
• launch of a subsidised GSM pack
• a new GSM tariff reduction has been announced and should begin at the end of March

In addition, IAM in collaboration with a pool of national and international advisory banks is in the middle of finalising a privatisation process together with the arrival of a foreign partner in its capital. This liberalisation in line with the liberalisation of telecommunication policy inspired by His Majesty Hassan II and which will be followed on by his majesty Mohamed VI who considers information technology as an essential part in the Moroccan economic and social development.

2.1 Ministries in charge of telecommunication issues

2.2 National regulatory authorities

A public establishment granted with moral personality and financial autonomy called " The national telecommunications regulatory authorities" is under the Prime Minister’s authority.

This authority is under state supervision and its objective is to ensure compliance with the present law by the competent bodies of the authority, notably everything related to its assigned missions. The national telecommunications regulatory authorities is responsible for controlling previous arrangements and judging disagreements.

ANRT is therefore mainly responsible for

1)developing suggestions aimed at adapting juridical, economic and secure framework in which telecommunications work, upon request from a competent governmental authority or initiative from the authority. In this way, it prepares bills, decrees and ministerial orders related to the system of activities of the various operators involved in the various telecommunications sector.

2) preparing and updating specifications establishing the right and requirements of public telecommunication network users, in liaison with other ministerial departments and public authority organisations

3)delivering licence requests, preparing and establishing the procedures for licence awarded via competitive invitation, receiving preliminary declarations for telecommunication activity depending on the licence system. ANRT gives authorisations and prepares licences and corresponding specifications and also assures the control of respecting the licence term given various users or any other person involved in the area.

4) suggesting specifications and technical licence procedures for testing and measuring laboratories

5) fixing technical specifications and administrative licences for terminal equipment and radio-electric installations and technical rules or methodology applicable to all types of networks able to be linked to the public telecommunication network and all telecommunication networks open to the public. These specifications and rules are only offered to the third party after their publication in the Official Journal.

6) controlling and regulating coding modalities

7) to offer maximum tariffs for offers related to universal services

8) participating with the governmental authority responsible for telecommunication in the permanent radio-communications committee created by Royal decree N° 675-66 of 6 Ramadan 1386 (19 December 1966) and at the international meetings dealing with the management of the spectrum of radio-electricity and the telecommunications regulations. It equally participates in the work of the national or foreign organisations aimed at the study or improvement of the regulations and management of telecommunication

9) assuring for the State accounts the management and control of the spectrum of radio-electric frequency and the respect of constraints regarding eventual coding of exchanged information.

10) following up for the state account, the respect of regulations in sue and licence term authorisation and licences given in the telecommunications sector. To this effect ANRT receives and analyses all information and documentation required from network and telecommunication service users in the framework of their licence and specification and if need be requests any precision and additional information necessary

11) following for the state account the development of information technology.

2.3 Office for the protection of economic competition

The OMPI must see the day before the end of the year in fact it is the subject of a legal project before parliament which is trying to finalise a text planning to reinforce regulations for the protection of economic competition.

2.4 Consultative councils

The most important consequence of the seminar entitled ‘the development of tele-services in Morocco organised by the department of Trade and Industry on 2 October 199 has been undoubtedly the constitution of a public and private committee to follow information technology responsible for elaborating a national strategy in information technology (CSTI) - CSTI, National Committee 2000 – Mme HERACCI

2.5 Public telecommunication operators

A limited company named " MAROC TELECOM " objectives are in competition with the operators who will be issued a licence:

• to assure a universal service
• to establish and or exploit one or several public telecommunication networks

The network and telecommunication services traditionally used by National Office of postal and telecommunication services in use of the present law are transferred in full ownership to Itissalat AI-Maghrib. Itissalat AI-Maghrib fully benefits from use of networks and services. Specifications approved by decree will fix the conditions in which corresponding telecommunication services are delivered.

Morocco is represented in various meetings held by regional and international organisations on telecommunication issues and in particular:

• The Council of Ministers of Postal Services and Telecommunications of the Arab Maghreb Union ;
• The Council of Ministers of Arab telecommunications
• ARABSAT ;
• International Union of telecommunications
• The world commerce organisation ( OMC)
• Council of Gulf countries co-operation
• The European organisation of Telecommunications EUTELSAT

On the international side, the development of a telecommunication network takes into account the geo-strategic position of Morocco and its roles as the union line between Africa and Arab world.

4.1 Historical overview

During his opening speech on the throne in March 1997, His Majesty declared ‘a reform of the institutional framework in the telecommunications field governing this sector is a recognised fact.’ This had the main effect of:

• Dividing the postal and telecommunication activities
• Dividing regulatory functions and production
• Opening to competition

This process resulted in the creation of :

• A National Telecommunication Regulatory Authority responsible for the preparation of regulatory acts relating to the telecommunication sector.
• Barid Al Maghrib, classical public establishment responsible for managing the postal services
• Itissalat Al Magrib , limited company whose relationship with the state following relative arrangements on general conditions of network and telecommunications service usage and specifications.

4.2 Present general legislation

Dahir n°1-97-162 dated 7/8/97 promulgating the law n°24/96 "LOI N° 24-96 concerning Postal services and Telecommunications":

The objective of law n° 24-96 relating to Postal services and telecommunications is to define a juridical framework defining the new background of the postal and telecommunication sector notably that of telecommunication networks which can be used by private individuals holding a licence which can be issued by deliberated decree conforming to Article 66 of the constitution, knowing that the state fixes the general orientation on the postal and telecommunication sector and that competent government authority will control their respect and application.

4.3 Key legislative measures

In the framework of the liberalisation programme for the telecommunication sector, governed by law n° 24 96 concerning postal services and telecommunications, the government of the kingdom of Morocco called for competition to obtain a second GSM licence.

To this effect, the National Telecommunications Regulatory.Authority has invited possible operators and sub contractors to express their interest in the launching of a second licence by completing to a questionnaire about this operation. In the framework in a call for competition in sight of the delegation of a second GSM licence, 7 applicants have been held at the beginning of phase of pre-qualification. They represent the following operators:

• France Télécom / Motorola
• GTE / Bell Atlantic
• Orange
• Telecom Italia Mobile
• Medi Telecom (Telefonica / Portugal Telecom /BMCE/AFRIQUIA)
• Vivendi / SBC
• Vodafone / Air Touch

The applicant chosen was Medi Telecom consortium which paid a licence fee of 1.080.000 billion dollars to run a second GSM licence which made the Moroccan licence one of the most expensive in the world.

The licence to establish and run public telecommunication networks using the public field or using the spectrum of radio-electric frequencies is issued to any individual by sale of tender to the competitor who promises to respect the general running conditions and specification clauses regulating the general conditions of establishment and running of the telecommunication network and services. It is subject to financial compensatory payment whose modalities will be detailed in the aforementioned specifications.

The general conditions of running concern :

• fair competition
• obligation to hold autonomous financial accounts for each network and service run
• conditions about the confidentiality and neutrality of the service regarding transmitted messages
• the demanded requirements of national defence and public security and the prerogatives of the judicial authorities
• the way of contributing to general state mission and in particular to missions and universal service charges, the development of the territory and protection of the environment.
• the conditions of the supply of information, necessary to create a general directory of subscribers
• the obligation to respect agreements and international ratifying conventions by the Kingdom of Morocco
• the obligation to dispatch emergency calls free of charge
• the contribution to research training and normalisation for telecommunications

4.3.2 Licensing

The ANRT (the National Telecommunications Regulatory.Authority ) have given issued in an evaluation report published on 1st November the running licence GMPCS (satellite telecommunications) to the company Orbcomm the result of a partnership between Orcomm Usa and private Moroccan investors. The licence fee was fixed at 100000 dirhams ( 10000 euros) in addition a liberating transfer of royalties estimated at 2% of the annual turnover.

This technology will allow the reception and transmission of data designed for tele-measure, the bi- directional message service and the localisation.

A GMPCS licence essentially dedicated to the voice is in the process of attribution.

ANRT has called for tender to attribute 3 Vsat licences : the Vsat technology is a numeric satellite system mainly used in the zones under equipped in terrestrial networks or bypassing the interconnection problems of territorial networks. 3 tenders issued from 14 candidates will be held in March 2000.

Universal service is one of the missions of the public service to which IAM must contribute. It implies access to the telephone service throughout the national territory and installation of a telephone box by 2002 at the latest in each build up area of more than 200 households.

Quality of service is one the priorities of the of the traditional operator which has proceeded to improve its communication network in order to obtain a level of technical efficiency of 98% in 1998. Morocco is connected to the largest network of optic fibre which connects Morocco to Europe, Asia and Middle East. It enables direct connections to 36 countries and doubles capacity in terms of numeric underwater transmission. Maroc Telecom has set up a call centre to reply to the needs of the customers as well as a tool free number designed to assist Internet Clients having configuration or network connection problems.

Interconnection between different telecommunication networks must be done under regulatory technical and financial conditions acceptable, objective and non-discriminatory which assures fair competition conditions.

The National Telecommunications Regulatory Authority is responsible for controlling the respect of these conditions and dividing possible problems (ANRT has been seized by Medi Telecom regarding interconnection pricing see 5.1.1).

5.1 Access to information networks

IAM has submitted an interconnection offer 27^th April 1998 to ANRT which fixes technical conditions and grants prices to new telecommunication operators. This convention allows them to connect their network to IAM.

Maroc Telecom and Medi Telecom are presently negotiating the interconnection problems which have resulted in a petition by Medi Telecom who is the only judge to settle the dispute. The regulatory Authority has 2 weeks to give its verdict which will be enriched by a study of the cost of interconnection.

Universal service is defined as a provider of a minimum service to everyone consisting of a telephone service of a specified quality at a reasonable price as well as dispatching emergency calls, the supply of information services and telephones boxes to the national territory desert respecting the principles of equality, continuity and universality.

The tariff policy for IAM has become competitive since 1^st June 1999 when it preceded with price reduction on national inter-urban communications and cellular communications.

These policies aim to gain customer loyalty before the sector is liberated.

The new GSM tariff policy is as follows :

• 2 dh per minute excluding tax during peak hours
• 1 dh per minute excluding tax off peak hours (after 8 o’clock and at weekends)

Maroc Telecom has also carried out a price reduction on the price of RTC subscription and specialised liaison:

• Illimited Internet Connection  : 99 dh excluding tax
• Suppression of network access costs

The licensing establishment and running of public telecommunication network from the public sector is issued to any individual tendering sale in a call for competition. The technical conditions to use the network are determined by ANRT.

5.2 Copyright and intellectual property rights

A law concerning copyright and intellectual property rights has been approved by the Moroccan Parliament. The Ministry of Communication together with the Ministry of Trade and Commerce and the Ministry responsible for Information Technology has organised to launch a sensitivity campaign for intellectual property rights.

5.3 Electronic protection, legal protection and security (encryption, electronic commerce)

The recognition of data including electronic signature was discussed during a working meeting organised by SEPTI ( State Ministry for Postal services an Telecommunications). The aims of the bill are as follows :

• Legal equivalence between a piece of data and its written form whether written or electronic
• Principle of technological neutrality concerning electronic data protection
• Principle of autonomy for all parties to favour contractual requirements

The project of the certified electronic signature is equivalent to the legal signature. The signature must satisfy the following criteria :

• Legal power of electronic certified signatures
• Presumption of signature
• Presumption of certification

The articles in the bill relating to the juridical value of data messages are as follows :

ARTICLE 3 : The legal equivalence between written messages and data messages :

The validity, the convincing force, the judicial effect or executory force of information can only be denied for one reason, that this information exists under a data message form.

When the regulation demands information to be in written form a data message is sufficient for this request information is accessible to be consulted subsequently. The paragraph above is used when the required demand is an obligation or that the law simply foresees certain consequences if information is not in written form.

ARTICLE 4 : Equivalence between electronic and written signatures

When the regulation demands signature of documents this demand is satisfied by electronic signature. The paragraph above applies when the aimed demand is an obligation or that the law simply foresees certain consequences if there is no signature.

ARTICLE 5 : Signature presumption

Except for contrary proof a data message is presumed to have been signed if a certified electronic signature is appended or logically associated.

The parties can however come to common agreement that the data message is presumed signed even with apposition from a non certified signature on condition that this convention does not affect the rights of a third party.

ARTICLE 6 : Equivalence between the original and data message

When the regulation demands that information be presented in original form, a data message satisfies this requirement if:

• This information has been kept according to conditions defined in article 8 below and ,

• If there is a secure procedure allowing this information to be kept and presented to any interested individual

The demand outlined in the 2^nd paragraph above can be satisfied by using services of a third party duly qualified in the conditions defined by the regulatory guidelines .

ARTICLE 7 : Admissibility and convincing force of a data message

The proof produced in the form of a non signed data message or carrying a non certified signature can only be refused for the following motives ;

• That it is a data message ;
• It is not under original form ;
• That signature opposed is not certified.

The convincing force of these data messages taking into consideration the reliability of the computerised system, methods of creation and control of signatures used and all other pertinent criteria.

A call for tender has been launched for the establishment of a cryptology system by ANRT.

6.1 Umbrella Policies

Three large development axes of the information company in Morocco are  :

• Human resources ( initial and continued training)
• promotion of large projects ( administrative)
• Infrastructures ( telephone density, numerisation, satellites)

The state ministry for Postal Services and Information Technology’s strategy to place a sector-based development plan whose objectives are as follows :

• The setting up of administration on line
• Emergence of a new economy based on know how and innovation
• Training and valorisation of human resources
• Improvement of quality of life for Moroccan citizens.

6.2 IS Application Areas

6.2.1 Government (national, regional and local)

At governmental level the applicable principles are as follows :

• Use of EDI at the port of Casablanca
• Integrated management projects ( Human Resources, Management and Heritage)
• Administration on line : this project aims at facilitating access to administrative information for the Moroccan citizen and also sets up an inter administration network.
• General Information System of land conservation in order to centralise computerised data related to real estate ownership ( cadastre, ground plans, land titles, mortgage)
• General Information System for the Ministry of the Environment .
• Creation of an Observatory for Information Technology in the industrial and commercial sector

6.2.2 Education

The main project of education is the information system MARWAN ( Moroccan Academic and research WAN) which allows Moroccan municipal schools and universities to be connected .

6.2.4 Transport

Two projects are presently being prepared : one concerns the creation of an educational CD ROM on road safety codes and the other to set up a new system of number plate management.

6.2.3 Medicine

See recommendations of June 3^rd sessions

6.2.4 Other

• A touristic project is being elaborated aimed at creating a virtual presentation of Moroccan tourist heritage .
• A training programme for information technology in enterprises is being studied
• An assistance program for integration of information technology in businesses, financial aid and fiscal incentives.

ANRT following the site which represents the call for competition and attribution of a second GSM licence preparing studies and regulatory acts relating to the telecommunication sector and establishment of regulatory control of the legislation

• A legislative framework must be set up to regulate the fixed telephone sector which will be open to competition following the privatisation of Maroc Telecom.

• the privatisation of Maroc Telecom is forecast for the second half of 2000 which will likely accompany a subtraction of participation in Maroc Telecom capital by a foreign operator.

• The management of a project information society has been given to SEPTI ( Ministerial body of Postal services and new information technology) by the government and its main objectives are  :

  • The emergence of an economy based on know how and innovation
  • The development of human resources
  • The development of infrastructures
  • The generalisation of the use of information technology