قانون رقم (8) لسنة 1990 بشأن الاتصالات السلكية واللاسلكية

Law No. (8) of 1990 AD

on wired and wireless communications

The General People's Congress,

• In implementation of the decrees of the Basic People's Congresses in their second ordinary meeting of 1399 FDP (1989 AD), formulated by the General Forum of People's Congresses and the People's Committees, the "General People's Congress," in its sixteenth ordinary meeting from 5 to 12 Shaaban 1399 FDP, corresponding to 2-9 March 1990 AD;

Upon review of:

• Law No. (3) of 1953 AD on telecommunications;

• Law No. (16) of 84 AD establishing the General Posts and Telecommunications Company;

formulated the following Law:

Article (1)

Communications systems shall be established under a decree from the General People's Committee based on a proposal from the General People's Committee for Transportation and Maritime Transport.

Article (2)

Communications systems shall aim to ensure rapid and ongoing communication with high scientific and technical efficiency while complying with the international agreements to which the Great Jamahiriya is a party.

Article (3)

The General People's Committee may suspend international communications in general or specific international communications, provided the General People's Committee for Transportation and Maritime Transport notifies the concerned international organisations and federations of such.

Article (4)

Communications priority shall be granted in the following order:

1. Communications related to the security of the Great Jamahiriya and the safety of human lives on land, sea, air, or in outer space, and communications related to World Health Organization epidemic emergency or exceptional situations.
2. Communications of public bodies, if requested by the sender, and priority may be given to the telephone calls of such bodies by special request.
3. Wireless stations operating in the Great Jamahiriya must give absolute priority to calls for help and the response thereto, and immediately adopt the necessary measures with regard thereto.

Article (5)

Telegrams sent from or received the Great Jamahiriya shall not be accepted if they are in a secret language.

However, general telegrams may be written in a secret language, and the General People's Committee for Transportation and Marine Transport may approve passage of international telegrams in a secret language if the Great Jamahiriya mediates the provision of this service.

Article (6)

The General People's Committee for Transportation and Marine Transport shall hold competence in the field of telecommunications to undertake the following:

1. Notify the International Frequency Registration Board of registrations performed in accordance with the International Telecommunication Union Regulations.
2. Work to restrict as much as possible the number of frequencies and the spectrum used to the minimum required to ensure satisfactory functioning of immediate services, applying the latest technical improvements.
3. Allocate geostationary satellite sites in coordination with the International Telecommunication Union (ITU).
4. Take the measures necessary to ensure compliance with the distribution and use of frequencies, and the geostationary satellite orbit in accordance with the provisions set out in the International Telecommunication Union Regulations.
5. Work to leverage the advice of the International Frequency Registration Board aimed at using the greatest possible number of (radio) channels in parts of the frequency spectrum to prevent the possibility of harmful interference.
6. Work to manage and operate wireless stations to ensure the prevention of any interference detrimental to international wireless communications.
7. Take the possible and practical measures to prevent interference of international wireless services and communications resulting from the operation of electric facilities and devices.
8. Take the necessary measures to prevent sending or circulating relief, emergency, or safety signals or signals claiming a false or misleading identity and control the sites of such stations and investigate their identity.

Article (7)

The General Posts and Telecommunications Company shall be responsible for providing public services for telecommunications. In doing so, it may undertake the following:

1. Prepare regulations related to the administration of its services.
2. Specify the types of telegrams and telephone calls and the rules on granting service priority thereto.
3. Specify the time periods for domestic telephone calls.
4. Specify the manner for leasing telephone or telegram channels and reducing and withdrawing leased telephone circuits, if required in the public interest.
5. Specify the accepted telegram languages.
6. Establish, extend, inspect, and maintain telegram and telephone lines in public and private locations, in coordination with the related bodies.
7. Supervise public telecommunications services and coordinate with other bodies to ensure their protection from interference with electricity transmission lines, electrical power stations, devices operating on electrical power, pipelines transporting gas and oil, bridges, roads, and the like.

Article (8)

No type of devices or systems for wireless sending or receiving may be possessed, used, manufactured, maintained, or traded without a license from the General People's Committee for Transportation and Marine Transport, with the exception of audio and visual broadcast devices.

The procedures and terms for the issuance of licences under the previous paragraph, and the forms and fees for such licenses, shall be set out under a decree from the General People's Committee for Transportation and Marine Transport, based on a proposal from the General Posts and Telecommunications Company.

Article (9)

Public bodies of a unique nature on which a decree has been issued by the General People's Committee may establish, maintain, and manage its own means of communication over frequencies specified by the General People's Committee for Transportation and Marine Transport. Political entities and regional and international organisations and federations may also do such in implementation of international agreements on condition of reciprocity.

Article (10)

The implementing regulations of this Law shall be issued under a decree from the General People's Committee based on the submission of the General People's Committee for Transportation and Marine Transport, and must contain the following:

1. Specification of the rules for granting frequencies and the use thereof and the body holding competence to issue and monitor such.
2. Specification of the rules for granting and approving technical certificates that authorize the holder to operate wireless devices and stations.
3. Conditions for the use of wireless stations for telegrams and telephones aboard Libyan Arab aircraft and ships.
4. Conditions for the use of wireless devices and satellite stations aboard foreign ships in Libyan Arab regional waters or on aircraft in Libyan Arab airspace.

Article (11)

Anyone who sabotages or destroys telephone lines or networks or communications systems or causes damages thereto shall be punishable with imprisonment and a fine of not less than one thousand Libyan dinars and not more than ten thousand Libyan dinars. If the sabotage, destruction, or damage is serious, the penalty shall be imprisonment for a period of not less than five years and a fine of not less than two thousand Libyan dinars and not more than twenty thousand Libyan dinars.

The penalty shall be imprisonment for a period of not less than a year and a fine of not less than five hundred Libyan dinars and not more than two thousand Libyan dinars if the damage was the result of neglect or negligence.

Article (12)

Anyone who manufactures, maintains, or trades any device or system for sending or receiving wireless communications without a legal licence for such shall be punishable with imprisonment for a period of not more than five years and a fine of not less than five hundred Libyan dinars and not more than two thousand Libyan dinars.

Article (13)

Anyone who possesses or uses any device or system for sending or receiving wireless communications without a license shall be punishable with imprisonment for a period of not more than two years and a fine of not less than two hundred Libyan dinars and not more than one thousand Libyan dinars.

Article (14)

Anyone who commits another violation of this Law shall be punishable with imprisonment for a period of not more than one year, a fine of not more than one hundred Libyan dinars, or one of these two penalties.

Article (15)

Criminal proceedings related to the crimes set out in this Law may be waived at any stage prior to final ruling thereon, at the written request of the Secretary of the General People's Committee for Transportation and Marine Transport.

Article (16)

The General People's Committee for Transportation and Marine Transport may grant certain workers at the Secretariat of Transportation and Marine Transport and the General Posts and Telecommunications Company the capacity of a judicial officer with regard to the crimes set out in this Law.

Article (17)

Prior licenses shall remain in force for a period of three months from the date this Law comes into force, provided the license holder rectifies their status in accordance with the provisions hereof within this period.

Article (18)

The aforementioned Law No. (3) of 1953 AD shall be repealed and any provision that conflicts with those of this decree shall also be repealed.

Article (19)

This Law shall enter into force from the date of its publication and shall be published in the Official Gazette and the various media.

General People's Congress - Libya

Issued on: 16 Dhu al-Qaada 99 FDP

Corresponding to: 15 June 1990 AD