The field of telecommunications is attracting more and more interest from Tunisians, especially within the political class, where it has become a subject of controversy among some stakeholders involved in Tunisian political life.
The government is not insensitive to the subject and on January 10th, 2014, it intervened with the revision of ''Decree No. 2014-53”, amending and supplementing Decree 2008-3026 of September 15th, 2008 and establishing the general conditions of operation of public telecommunications networks and access networks.
Two key elements are highlighted in this Decree.
Firstly, the National Forum of Telecommunications, which was previously an outsider observing the competition in the telecommunications sector under the Decree 2008-3026, saw itself gain considerable power. As a result, in addition to the market analyses that it conducts in order to guarantee fair competition in the industry, it now holds the power to formulate guidelines, which it sets in collaboration with public telecommunication network operators in order to regulate and restructure the market for wholesale and small-scale telecommunications services. This can be done without a mandatory third-party consultation from the Competition Council .
Secondly, a new article, Article 2(bis), was added to Decree 2008-3026, which now defines the dominant position in a relevant market for telecommunications services as one in which an operator will be in a position that gives him or her significant power on this particular market.