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Rights and Obligations of the Licensor under the Construction and Operation of the Fiber Cable Network License Contracts in the Kurdistan Region* (Comparative Legal Analysis) | ||
| Journal of Anbar University for Law and Political Sciences | ||
| Article 16, Volume 14, Issue: 2 part 2, December 2024, Pages 393-425 PDF (1.24 M) | ||
| Document Type: Research Paper | ||
| DOI: 10.37651/aujlps.2024.151552.1297 | ||
| Authors | ||
| Govan Tahseen Shukri* 1; Kamaran Hussein Al-Salihi2 | ||
| 1Lecturer at Law Department, College of Law Salahaddin University-Erbil | ||
| 2Law Department, Faculty of Law, Political Science and Management Soran University | ||
| Abstract | ||
| This study critically examines and compares the rights and obligations of the licensor which is the Ministry of Transportation and Communications (MOTAC) under fiber optic network license contracts in the Kurdistan Region of Iraq (KRI), comparing them with regulatory frameworks in the UK, Qatar, and Iraq. Through comparative analysis, it evaluates MOTAC’s dual role as licensor and sector national regulator, focusing on financial entitlements, application of Communications Instructions, support to licensees, and promotion of competition. The study identifies a significant gap due to the absence of a law to regulate the communications sector in the Region, hindering the sector’s development and disadvantaging MOTAC’s regulatory framework compared to international standards. Notably, MOTAC’s practices do not effectively promote competition, contrasting with best practices observed in the UK and Qatar. The study, therefore, recommends urgent enactment of a communications law by the KRI legislator and suggests amendments to MOTAC’s regulations to foster a modern and a more competitive telecom market in the region, providing specific recommendations for enhancing MOTAC’s regulatory framework accordingly. For this end, it is recommended that MOTAC can benefit from the practice of Qatar’s CRA. | ||
| Keywords | ||
| telecom sector; Kurdistan Region of Iraq (KRI); fixed network licenses; regulatory framework; competition | ||
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