In brief: telecoms regulation in Egypt

Communications policy

Summarise the regulatory framework for the communications sector. Do any foreign ownership restrictions apply to communications services?

Egypt is one of the three largest economies in Africa and is strategically positioned at a crossroads between the East and the West, making the country a significant player in international trade in the Middle East and Africa. Egypt is home to the Suez Canal, which connects the Mediterranean Sea with the Red Sea and is a key artery in global trade.

The total area of Egypt is 1,001,450 square kilometres, including 995,450 square kilometres of land and 6,000 square kilometres of water. According to the Egyptian Central Agency for Public Mobilisation and Statistics, the population reached more than 100 million people in 2020. Egypt is divided into 27 governorates, 217 cities and 4,617 villages. The governorates with the highest population are Cairo (10.8 per cent), Giza (8.6 per cent) and Sharqiyya (7.4 per cent).

The Egyptian government has worked hard to attract more foreign direct investment (FDI) to the country, and these efforts resulted in the recognition of Egypt as one of the top five destinations globally for greenfield FDI in 2016. Also, in 2021, Egypt was named as one of the top 17 African countries with Tech Ecosystem in the, according to the African Tech Ecosystems of the future 2021/2022 issued by fDi Intelligence.

Egypt replaced South Africa as the second-ranked destination by projects in the region, experiencing a 60 per cent increase from 85 to 136 projects, which covers both the Middle East and Africa. Software and IT services are the top project sectors.

Further, Egypt also managed to top all ranked countries in the Middle East and Africa for capital investment in 2019 by acquiring 12 per cent capital investment with a total value of US$13.7 billion.

Despite international and local crises faced by the country over the years, including revolutions, the covid-19 pandemic, the war in Ukraine, inflation, devaluation of the Egyptian pound and the threat of potential recession, Egypt has maintained strong liquidity and a strong financial status, as a result of FDI.

The telecom sector in Egypt is mainly governed by Telecommunication Regulation Law No. 10/2003 (the Telecoms Law). Also, there are several other key laws and regulations related to the telecom sector, including the following (as amended to date):

• Penal Code No. 58/1937;
• Presidential Decree No. 236/1985 approving the International Telegraph (currently Telecommunication) (ITU) Convention, which ITU Convention entered into force in Egypt on 10 October 1985;
• Presidential Decree No. 379/1999 regulating the Egyptian Ministry of Communication and Information Technology (MoCIT);
• E-signature Law No. 15/2004 and its Executive Regulation;
• Economic Court Law No. 120/2008;
• Cybercrime Law No. 175/2018; and
• Personal Data Protection Law No. 151/2020 (the Data Protection Law).

The National Telecommunication Regulatory Authority (NTRA) is mainly empowered by the Telecoms Law to regulate and enhance telecommunication services in Egypt. In addition to the NTRA, other key entities are involved in the telecom sector, namely:

• MoCIT is empowered by Presidential Decree No. 379/1999 to, inter alia, expand, regularly develop and improve communication and information services as well as encourage investment in the telecoms sector based on the antitrust basis;
• the Information Technology Development Agency is empowered by the E-signature Law to, inter alia, promote and develop the information technology and communication industry, support small and medium-sized enterprises in using e-transaction and regulating e-signature services activities; and
• the Economic Court has executive jurisdiction over settling litigation related to the Telecoms Law.

Describe the authorisation or licensing regime.

Under the Telecoms Law, no one is allowed to establish or operate any telecom network, provide any telecom service to third parties, transmit international calls or announce doing so unless a licence is obtained from the NTRA.

The term ‘telecom’ is defined by the Telecoms Law as ‘any means of sending or receiving signs, signals, messages, texts, images or sounds of whatsoever nature and whether the communication is wired or wireless’.

The restriction above does distinguish between the different types of telecom services and includes one exception only for establishing or operating a private network that does not use a wireless system.

In practice, telecom services are generally classified as follows:

The licence of each telecom service allows the relevant licensees to provide such service within a very specific scope.

Generally, all licences are granted under a licence agreement with the NTRA noting that all licences for major services (eg, fixed telephony and cellular) are granted by the NTRA through a bidding process. However, the other licences may be granted by the NTRA upon request. This request is required to be assessed from a different perspective including, inter alia, the market demand and the financial and technical adequacy of the applicant.

Licences are granted for a period between one and 15 years, depending on the services that are the subject of such licences.

The NTRA applies a different fee structure for issuing licences for each type of service as per the following examples:

Do spectrum licences generally specify the permitted use or is permitted use (fully or partly) unrestricted? Is licensed spectrum tradable or assignable?

All spectrum licences generally specify the permitted use and are not tradable or assignable, fully or partly, under the Telecoms Law unless prior approval is obtained from the NTRA. Also, all licence agreements include a change of control restriction, so that the licensee may not even merge with any third party unless prior written approval is obtained from the NTRA.

Which communications markets and segments are subject to ex-ante regulation? What remedies may be imposed?

All licences are required, under the Telecoms Law, to include several ex-ante provisions concerning transparency, price control, cost accounting, accounting separation, access to and use of specific network facilities and non-discrimination.

For example, the NTRA has the right to review any audited financial statement including, inter alia, appointing an auditor other than the licensee’s auditor to review the said financial statement. Further, each licensee is required to obtain an approval from the NTRA before applying tariffs or changing them.

Is there a legal basis for requiring structural or functional separation between an operator’s network and service activities? Has structural or functional separation been introduced or is it being contemplated?

According to the Telecoms Law, all licensed operators are required to not support one service in favour of another service. All licensed operators are required to comply with the ITU’s recommendations and international standards. That said, if, for any reason, a structural or functional separation is required as per the NTRA’s instructions, the ITU’s recommendation or international standards, then the relevant operator should comply with this requirement.

The first time the NTRA introduced structural or functional separation was for Telecom Egypt to ensure its non-discriminatory behaviour.

Outline any universal service obligations. How is provision of these services financed?

According to the Telecoms Law, the provision of any telecom service must be based on four principles, one of which is the availability of the universal service.

The NTRA is required by the Telecoms Law to transfer its budget’s surplus, except for the amount allocated to the state by the Cabinet of Ministers, to the Universal Service Fund on an annual basis. Any amounts to be transferred to the Universal Service Fund must be utilised on, inter alia, infrastructure projects required for the universal service, reallocation for the spectrum, indemnifying telecom services operators and providers for the price difference between the approved economical price for the services and that which may be determined in favour of the telecom consumers.

Describe the number allocation scheme and number portability regime in your jurisdiction.

There is a specific number allocation plan adopted by the NTRA, which is updated from time to time depending on the increase of telecom service subscribers in Egypt, whereby each operator has a dedicated first two-to-three digits. There are also dedicated numbers for emergency services (eg, ambulance, police and fire brigade).

There is also a mobile number portability regulation adopted by the NTRA whereby mobile subscribers may freely shift between operators without losing their numbers. This regulation includes several mandatory terms and conditions applied to both operators and subscribers.

Are customer terms and conditions in the communications sector subject to specific rules?

Yes, all telecom service providers are required to have written contracts with their customers in Egypt. These written contracts are required to follow the form approved by the NTRA and cover, inter alia:

• the type of services that are subject to the customer agreement;
• the confidentiality requirement for the customers’ data and communications;
• the terms of payment including interest, administrative fees, tax and any other burdens;
• the duration and its renewal;
• rights in the case of default or termination; and
• the agreement is personal and may not be assigned to any third party without the approval of the licensed telecoms provider.

Any violation of the requirements above will result in a penalty from the NTRA as per the Penalties Regulation. For example, in 2016, the NTRA imposed a penalty of 250,000 Egyptian pounds on Etisalat Misr for not complying with this mandatory requirement.

Are there limits on an internet service provider’s freedom to control or prioritise the type or source of data that it delivers? Are there any other specific regulations or guidelines on net neutrality?

The provision of telecom services in Egypt must always be based on transparency; therefore, internet service providers may not control or prioritise the type or source of data they deliver.

The Administrative Courts rendered a judgment ordering the NTRA to block pornographic content; however, the NTRA challenged this judgment on the basis that the Telecoms Law does not grant this power to the NTRA.

However, the Cybercrime Law of 2018 allows the competent authorities in Egypt to block any website that is broadcast from Egypt or abroad if that website contains any statements, digits, images, videos or any other advertising material that is deemed a crime under the Cybercrime Law. This blockage is subject to judicial review within 24 hours.

Is there specific legislation or regulation in place, and have there been any enforcement initiatives relating to digital platforms?

Digital platforms are mainly regulated by the following:

• the Telecoms Law;
• Law No. 180/2018 regarding press, media and the Supreme Council of Media (SCoM) Regulation (the Media Law) and its Executive Regulation; and
• SCoM Decree No. 26/2020, issuing the SCoM Licensing Regulation (the Media Licensing Regulation).

Digital platforms may not be created unless a licence is obtained from the SCoM and that licence also requires an approval from the NTRA.

According to the Media Licensing Regulation, companies carrying out any business activity related to creating digital or satellite platforms must be owned by the state with a minimum authorised capital of 50 million Egyptian pounds.

Are there specific regulatory obligations applicable to NGA networks? Is there a government financial scheme to promote basic broadband or NGA broadband penetration?

There is no specific well-developed regulation yet applicable to NGA networks. However, our law firm obtained the first-ever authorisation from the NTRA for using a wide area network or Multiprotocol Label Switching in Egypt.

The main general regulatory requirement that is currently adopted by the NTRA is to have NGA networks implemented by a licensed provider of Class A services.

Is there a specific data protection regime applicable to the communications sector?

There are two main laws in Egypt governing the use, collection, storage, transfer and protection of personal data in Egypt as follows.

The Data Protection Law applies to any personal data that is subject to any electronic processing whether partially or entirely.

The Personal Data Law shall not apply to any personal data that is being:

• saved by natural persons for third parties and that is processed for personal usage only;
• processed for official statistics purposes or in the application of laws or regulations in Egypt;
• exclusively processed for media purposes and provided that the said personal data is correct and accurate and not to be used for any other purposes without prejudice to any applicable press and media regulations in Egypt;
• related to judicial seizure record, investigations and lawsuits;
• held by the national security authorities; and
• held by the CBE and the entities that are subject to its control and supervision except for money transfer and forex companies provided that they take into account the rules established by the CBE regulating personal data.

It is worth noting that any entity that is subject to the Data Protection Law is required to legitimise its position with the provisions of the said Data Protection Law within a year starting from the issuance date of its Executive Regulation, which has not yet been issued.

According to article 2 of the Anti-Cybercrimes Law, any person, whether a natural or legal person, that uses, collects, or processes personal data whether a natural or legal person shall maintain the privacy of the data stored and not disclose the same without an order of a relevant judicial authority.

Further, any IT services provider shall retain and store users’ data for at least 180 days continuously including identification, the content of services’ system, communication traffic, terminals and any other data required by the NTRA.

In addition to the Data Protection Law and the Anti-Cybercrimes Law, few other laws deal with special nature personal data such as the Telecoms Law, whereby telecom services providers are required to ensure and maintain the confidentiality of any customer’s data.

Is there specific legislation or regulation in place concerning cybersecurity or network security in your jurisdiction?

Yes, the Cybercrime Law concerns any person providing, directly or indirectly, users with any information technology and telecom service including, inter alia, processing or data storage. These providers are required to retain and store users’ data continuously for at least 180 days, including identification, the content of the services’ system, communication traffic, terminals and any other data required by the NTRA.

Is there specific legislation or regulation in place, and have there been any enforcement initiatives in your jurisdiction, addressing the legal challenges raised by big data?

Unfortunately, there is no special regulation yet for big data. However, it is within the NTRA’s ongoing strategy to regulate it.

Are there any laws or regulations that require data to be stored locally in the jurisdiction?

Consumer Protection Law No. 181/2018 and its Executive Regulation require all providers of services and products in Egypt, except for the entities that are subject to the supervision of the CBE and the Egyptian supervisory authority, to have all advertising, data, information, documents, invoices, receipts, contracts including e-documents with the consumer to be in Arabic or a bilingual or multilineage form, providing that Arabic must be one of these languages.

Summarise the key emerging trends and hot topics in communications regulation in your jurisdiction.

The Telecom Law was amended at the end of 2022, to extend the prohibition of the importation, manufacturing, assembling telecommunication equipment without a permit, to also possessing, using, operating or installing or marketing any telecommunication equipment until after obtaining a permit from the relevant authorities, being NTRA and national security authorities and increasing the penalty for the violation of such requirement to a financial penalty between 2 million Egyptian pounds and 5 million Egyptian pounds.

Further, it is worth noting that Egypt aims to be a significant information and communications technology hub in North Africa and the Middle East, with the New Administrative Capital (NAC) being built as one of the many smart-city projects that are attracting and simulating investments into 5G and fibre broadband in Egypt, in addition to the adoption of many internet of things and artificial intelligence solutions. One of the largest telecom companies in Egypt, Etisalat, plans on launching 5G in the NAC. In 2022, it was reported that 5G trials were supposed to be held in Egypt that mainly focused on the NAC.

Moreover, because of Egypt’s strategic geographical position that makes the international cable infrastructure an important asset to the country, in 2021, Telecom Egypt, Egypt’s first integrated telecom operator and one of the largest subsea cable operators in the region, planned to launch Hybrid African Ring Path by 2023, which is a new subsea system that will encircle the African continent. The system will connect Africa’s eastern and western bounds to Europe, spanning South Africa, Italy and France along the continent’s east coast, and to Portugal along its west coast. Highly reliable terrestrial routes will connect the cable landing points within South Africa, Europe and Egypt, forming a complete ring around the continent. It is worth noting that, the 2Africa cable had already made landing at Telecom Egypt’s cable landing station in Ras Ghareb on the eastern coast of Egypt in November 2022, and the latest landing of 2Africa cable was in Port Said, at the northern end of the Suez Canal on Egypt’s Mediterranean coast in April 2023.

Further, in January 2023, Telecom Egypt also announced in connection with Huawei Technologies, the world’s leading provider of information and communication technology, infrastructure and smart devices, the activation of the first eco-friendly wireless network tower made of fibre-reinforced polymer. This deal has resulted in Telecom Egypt being the first telecom operator in Africa to activate and install such a tower. This green tower emits less CO2 and is more environmentally friendly while contributing to improving the signal quality in comparison to standard antennas.