The Penalties imposed on Companies that violate the provisions of Telecommunications Regulatory Law

Due to the continuous and rapid changes in the telecommunications and technology sector, many companies seek to dominate various technology markets to achieve their unique distinction and impressive profits. This ambition sometimes leads them to exceed boundaries, but not all ambitions are permissible. These excessive ambitions can lead to greed and control, and sometimes, this may result in companies resorting to violating established laws to achieve their goals through illegal means, causing more harm than the expected benefits. Additionally, we find that chaos is becoming increasingly prevalent.

Within the framework of the obligations stipulated by Law No. 10 of 2003 concerning the regulation of telecommunications, as previously mentioned, the Egyptian government has been keen to impose strict penalties on anyone who violates any of the provisions laid down in the Telecommunications Regulation Law, especially those provisions that require companies and various entities to regulate this sector and provide telecommunications, technology, and digital transformation services according to specific and precise standards.

The provisions of the telecommunications regulation law encompassed a set of strict and significant penalties for a range of crimes related to the field of telecommunications. Among the most important of these penalties are:

(1) Anyone intentionally damaging or destroying telecommunications buildings or facilities, infrastructure, or network lines, causing temporary communication disruption, faces imprisonment and a fine ranging from fifty to one hundred thousand Egyptian pounds.

- If such actions occur due to negligence or lack of caution, the punishment is imprisonment for up to six months and a fine ranging from five hundred to one thousand pounds, or one of these penalties.

- In all instances, the court may independently require the perpetrator to reimburse the value of the destroyed or damaged property, or the costs of its restoration, without infringing upon the right to adequate compensation.

(2) Anyone who performs any of the following acts without obtaining a license from the regulatory authority, as per the provisions of this law, shall be punished by imprisonment for a period of no less than six months and not exceeding five years, and a fine of no less than fifty thousand Egyptian pounds and not exceeding five hundred thousand Egyptian pounds, or by either of these penalties:

1. Establishing or operating telecommunications networks.

2. Establishing infrastructure for telecommunications networks.

3. Providing telecommunications services.

4. Transmitting international telephone calls by any means.

All equipment, devices, and connections involved in committing this offense will be seized. The court will independently oblige the convicted individual to provide suitable compensation in the scenario outlined in item (4) of this article.

(3) Anyone who, while performing their duties in the field of communications or because of it, commits any of the following acts shall be punished by imprisonment for a period of not less than three months, and a fine of not less than five thousand pounds and not exceeding fifty thousand pounds, or by either of these penalties:

1. Broadcasting, publishing, or recording the content of a communication message or part thereof without legal authorization.

2. Concealing, altering, obstructing, or tampering with any communication message or part thereof that has reached them.

3. Intentionally refusing to send a communication message after being assigned to send it.

4. Disclosing any information about users of communication networks or their activities, communications they receive, or transmit without proper authorization.

(4) Anyone who, without obtaining approval from the regulatory authority, relinquishes the license issued to them to use a frequency or frequency band, shall be punished by imprisonment for a period of not less than three months, and a fine of not less than twenty thousand pounds and not exceeding one hundred thousand pounds, or by either of these penalties, in addition to the revocation of the license.

(5) Anyone who discloses, publishes, or broadcasts any information obtained by virtue of their position or because of it about a facility operating in the field of communications, when such action may lead to unfair competition among entities operating in this field, shall be punished by imprisonment and a fine of not less than twenty thousand pounds and not exceeding one hundred thousand pounds, or by either of these penalties.

(6) Without prejudice to the right to appropriate compensation, anyone who:

1. Uses or assists in using unauthorized means for communication.

2. Intentionally harasses or annoys others through misuse of communication devices,

shall be punished by imprisonment and a fine of not less than five hundred pounds and not exceeding twenty thousand pounds, or by either of these penalties.

(7) Anyone who engages in the importation, manufacturing, assembly, or marketing of any communication equipment without obtaining permission from the regulatory authority shall be punished by imprisonment for a period of not less than one year and not exceeding five years, and a fine of not less than two million pounds and not exceeding five million pounds, or by either of these penalties.

- Anyone who possesses, uses, installs, or operates any communication equipment without obtaining permission from the regulatory authority shall be punished by imprisonment and a fine of not less than one hundred thousand pounds and not exceeding three hundred thousand pounds, or by either of these penalties. This penalty does not apply to wireless devices for which the authority issues a general license for possession, use, installation, or operation, provided it does not violate the provisions of Article No. 44 of this law.

- The penalty shall be imprisonment with hard labor if the importation, manufacturing, assembly, possession, installation, operation, use, or marketing of equipment violates the law with the intent to undermine national security.

- The penalty mentioned in the first, second, and third paragraphs of this article shall be doubled at its minimum and maximum limits in the case of recidivism.

- The court shall order the confiscation of the equipment used in the crime and its components in all cases.

(8) Anyone who intentionally intercepts wireless waves designated for others or causes interference to them shall be punished by imprisonment for a period not exceeding six months and a fine of no less than twenty thousand pounds and not exceeding fifty thousand pounds, or by either of these penalties. Additionally, the court shall order the confiscation of the devices and equipment used in committing the crime.

(9) Service providers who fail to adhere to health and environmental safety regulations or construction measures outlined in Articles (6, 35, 36, 37) of this law shall face imprisonment and a fine ranging from twenty thousand to two hundred thousand pounds, or either of these penalties. Additionally, the court will mandate the removal of the violation by the perpetrator within a specified timeframe. If they fail to do so, the administrative authority or its delegate will undertake the removal, with costs borne by the violator.

(10) Every operator or provider of telecommunication services who violates any condition of the license granted to them or breaches the technical quality standards or performance measurement standards for the various licensed telecommunication services shall be fined not less than twenty thousand pounds and not exceeding two hundred thousand pounds. Additionally, anyone who violates the approved telecommunications service rates set by the regulatory authority shall be fined an amount equal to ten times the increase obtained. The fine shall be multiplied by the number of users affected by the violation.

(11) The person responsible for the effective management of the legal entity shall be punished with the same penalties prescribed for actions committed in violation of the provisions of this law if their knowledge of such violations is proven, and if their failure to fulfill the duties imposed on them by that management contributed to the commission of the crime. The legal entity shall be jointly responsible for fulfilling the financial penalties and compensations imposed.

(12) Anyone who violates any provision of Article (64) of this law shall be punished by imprisonment and a fine of not less than ten thousand pounds and not exceeding one hundred thousand pounds. Additionally, the court may order the temporary suspension of the license until the violator provides the equipment, systems, and communication software referred to in that article.

(13) Anyone who violates any provision of Article (30) of this law shall be punished by imprisonment for a period not exceeding three months and a fine of not less than five thousand pounds and not exceeding twenty thousand pounds, or by either of these penalties.