6.2.5 Enforcement Authority
In order to ensure that parties to
the regulator’s dispute resolution process abide by the decisions, the
regulator must be given sufficient power to enforce its decisions. In addition, the regulator must have
sufficient authority to enforce all provisions under the telecommunications
law, regulations and other rules. The
regulator should have the ability not only to enforce rules of general
applicability, but also to issue directions and mandate operators to carry out
or to stop a particular activity. The Telecommunications Regulatory Authority
(TRA) of Bahrain provides a good example of the necessary tools that regulators
must have to carry out their responsibilities. Among other
rights, the TRA has the power to:
1.
Issue regulations, orders and
determinations as necessary to implement the provisions of the
Telecommunications Law;
2.
Monitor and enforce compliance with
licence terms;
3.
In coordination with the
Radiocommunications Authority, monitor and enforce spectrum usage in accordance
with the Telecommunications Law and to ensure efficient spectrum usage;
4.
Encourage, regulate and facilitate
adequate access, interconnection and interoperability of services, including
enforcing sharing of facilities and property by operators;
5.
Examine complaints and resolve disputes
between licensees, subscribers, and other interested parties, as well as take
any necessary and proportionate measures in relation to such matters.1
Except in emergency cases, if a TRA
enforcement action is expected to have a material impact on a particular
telecommunications market, it must give affected parties an adequate
opportunity to submit comments on the planned action.2
The regulator should also possess
the proper authority enabling it to sanction operators. The
sanction power consists of the ability of the regulator to establish a fault
standard for violations as well as the level of fine applied due to the
violation. Most regulators’ competencies include the ability to impose
sanctions in order to enforce compliance with applicable laws, regulations, and
licence conditions.
ENDNOTES
1 Bahrain, Legislative Decree No. 48 of 2002 Promulgating the
Telecommunications Law, Chapter 2, Section 3 (c).
2 Bahrain, Legislative Decree No. 48 of 2002 Promulgating the
Telecommunications Law, Chapter 2, Section 3 (f).
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