Moroccan Law on Telecommunications Regulation

The telecommunications sector in Morocco has undergone significant transformation over the last three decades, evolving from a state monopoly into a competitive, liberalised market. This evolution is governed by a robust legal framework designed to ensure fair competition, protect consumer rights, and encourage technological innovation.

At the heart of this regulatory environment is the National Telecommunications Regulatory Agency (ANRT), an institution tasked with overseeing the industry and ensuring that all operators comply with the stringent requirements set forth in Moroccan law. Understanding the legal landscape of telecommunications is essential for businesses, investors, and consumers alike.

The Foundation of Telecommunications Law: Law No. 24-96

The cornerstone of the industry is Law No. 24-96 related to Post and Telecommunications, promulgated by Dahir No. 1.97.162 on August 2, 1997. This law effectively ended the monopoly era and established the rules for the establishment and operation of telecommunications networks.

Law No. 24-96 introduced several critical concepts:

• The Creation of ANRT: This established an independent body to manage spectrum, numbering, and dispute resolution between operators.
• Licensing Categories: The law defines different types of licenses for public networks, including those using satellite technologies like VSAT (Very Small Aperture Terminal) and GMPCS (Global Mobile Personal Communications by Satellite).
• Interconnection Rights: It ensures that different operators can connect their networks to one another, which is vital for a competitive market.

For instance, Decree No. 2.97.814 further applies the provisions of this law specifically to Barid Al-Maghrib, defining its role within the modernised framework.

Spectrum Management and Numbering Resources

Telecommunications rely on finite national resources: radio frequencies and numbering plans. Under Moroccan law, these are considered state property managed by the ANRT.

According to Article 21 of the Specifications (Cahier des Charges) for Itissalat Al-Maghrib, the national operator benefits from the right to use specific numbering ranges and radio frequencies as defined by Law No. 24-96. However, this right is not absolute. The ANRT reserves the authority to modify the national numbering plan to accommodate new services, provided it coordinates with operators at least two years in advance of any radical change.

In terms of radio frequencies, Article 21-2 specifies that usage must comply with the provisions of Article 42 of Law No. 24-96. This ensures that the electromagnetic spectrum is used efficiently and without interference, which is critical for the stability of mobile and satellite networks.

Satellite Networks and Specialized Licenses

Morocco has a specific legal regime for satellite-based telecommunications. This is exemplified by the licenses granted to private entities such as Gulfsat Maghreb and Orbcomm Maghreb.

VSAT and GMPCS Licenses

Specific decrees, such as the one granting a license to Gulfsat Maghreb, outline the authorized services for satellite networks. These typically include:

• Video conferencing.
• Value-added services (as defined by Decree No. 2.97.1024).
• Transmission of audio and visual signals.
• Provision of infrastructure for independent networks.

Contractual Definitions

These decrees also provide legal clarity on the relationship between operators and consumers. For example, an "Abonné" (Subscriber) is defined as any natural or legal person benefiting from services under a contract. Furthermore, "Working Days" (Jours ouvrables) are legally defined as weekdays excluding Saturdays and Sundays, ensuring that service-level agreements (SLAs) have a clear legal basis for calculation.

International Compliance and Intellectual Property

Moroccan telecommunications law does not operate in a vacuum. It is deeply integrated with international standards and treaties.

Decree No. 2.97.1026, which concerns the general conditions for operating public networks, mandates that operators must respect international agreements and regulations issued by the International Telecommunication Union (ITU) and other regional organizations to which Morocco is a party.

Furthermore, there is a strong intersection between telecommunications and intellectual property. Law No. 2-00 on Copyright and Related Rights (as referenced in Article 68) stipulates that international treaties ratified by Morocco take precedence over domestic law in case of conflict. This is particularly relevant for broadcasting organizations and the transmission of digital content over telecommunications networks. If a broadcasting station is located on Moroccan soil, or if a sound recording is first fixed in the Kingdom, it receives full protection under Moroccan law.

Conclusion and Key Takeaways

The Moroccan telecommunications legal framework is a sophisticated system that balances state sovereignty over resources with the needs of a private, competitive market. Through the ANRT and the application of Law No. 24-96, Morocco has created a predictable environment for technological growth.

Key Takeaways:

• Regulatory Oversight: The ANRT is the primary authority for licensing, spectrum management, and dispute resolution.
• Resource Allocation: Frequencies and numbers are regulated assets; changes to the national numbering plan require a two-year notice period.
• Satellite Services: Technologies like VSAT and GMPCS operate under specific licenses that define the scope of permitted commercial activity.
• Legal Hierarchy: International treaties, especially those regarding the ITU and copyright, hold a significant position in the Moroccan legal hierarchy and guide the operation of telecommunications services.

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