PROCEDURE ON INTERNAL PRATICES OF AFGHANISTAN TELECOMMUNICATION  REGULATORY AUTHORITY(ATRA)
CHAPTER 1
LEGAL POWERS OF THE BOARD OF AFGHANISTAN TELECOMMUNICATION REGULATORY AUTHORITY
Article 1: Powers have been granted to the Board of Afghanistan Telecommunication Regulatory Authority.
The 5-member Board of the Afghanistan Telecommunications Regulatory Authority has been established pursuant to provisions of the new Telecommunications Services Regulation Law. The entire powers have been granted to the Board in accordance with provisions of the law. However, the Board may delegate powers and responsibilities to employees of its executive branch.
The Board of ATRA shall, in accordance with provisions of the law, have the following responsibilities and powers in the fields of regulating and supervising telecommunications market, regulating and directing activities of ATRA, arranging and formulating laws, rules, regulations and procedures necessary for regulating activities of the Afghanistan Telecommunications Regulatory Authority (ATRA) and the telecommunications market:
A. In the field of implementing provisions of law to regulate affairs of the telecommunications market.
B. In the field of regulating and managing affairs of the Afghanistan Telecommunications Regulatory Authority.
C. In the field of formulating necessary legal instruments and procedures.
D. Participation in sessions and meetings.
A. In the field of implementing provisions of the law to regulate affairs of the telecommunication market.
Take decision on the basis of conditions set forth in relevant licenses concerning defining violations and identifying violators of telecommunications and Internet services.
Take decision concerning implementation of international treaties and norms in the telecommunications sector ratified by Afghanistan.
Provide consultation to the Ministry of Telecommunications regarding formulation of policies when required.

1. Take decision regarding issuance, modification, renewal, suspension, and cancellation of permits and licenses in accordance with the provisions of the Telecommunications Services Regulation Law and other enforced laws.
2. Protect subscribers and resolve disputes between operators, providers, users and other persons covered by interconnection of systems, ensure access to and maintain quality of services provided by networks holding permits or licenses, numbering, keep confidentiality, prevent unauthorized interference and perform other services assigned to it by the executive branch.
3. Take decision regarding determining and selecting technical standards for telecommunications equipments and get them approved to be used inside Afghanistan.
4. Take decision regarding selection, modification and renewal of numbering plan for Afghanistan.
5. Take decision concerning policy formulation and expenditures of the Telecommunications Development Fund (TDF).
6. Take decision regarding plans, projects and supervision of the status of implementation of projects financed by the Telecommunications Development Fund.
7. Take necessary measures and issue timely instructions and recommendations to the executive branch to speed up installations and development of telecommunications networks and services throughout Afghanistan.
8. Take necessary measures on the basis of law provisions to prevent abuse by operators and providers wielding significant market force.
9. Take necessary measures for expansion of sustainable competition among operators and providers.  
10. Take necessary measures to obligate the entity wielding significant market force to sell (provide) telecommunications services to other licensed providers without discrimination.
11. Take necessary measures towards formation of technical and economic committees or other consultative committees, if necessary, and ensure cooperation with the above mentioned committees as and when needed.
12. Take decision regarding imposition, modification and revision of fees of application form, issuance, modification, renewal or transfer of each license being issued in order to protect the license rights when appropriate.
13. Fix, select, modify and renew fees regarding importation or use of any kind of telecommunication equipments in the country.
14. Confirm and approve fees concerning allotment and use of numbers.
15. Assign supervisors to supervise compliance with the decisions of the Authority, as well as with the conditions provided for in licenses and permits.
16. Identify persons violating terms and conditions of licenses or permits in accordance with provisions of the law.
17. Issue temporary or permanent instructions in order to prevent violation of the terms and conditions provided for in licenses or permits in accordance with provisions of the law.  
18. Impose fine on those violating terms and conditions set forth in licenses or permits, or on other persons who violate provisions of the law.
19. Take decision to obligate the holder of license or permit to compensate damages resulting from his violating the terms and conditions set forth in the license or permit.
20. Issue instruction regarding defrayal of expenses resulting from resolution of disputes between the parties, soliciting public opinion, and consultations.
21. Assign inspectors to check implementation of licensing and permitting conditions, as well as use of spectrum resources, construction of infrastructural buildings of the networks, communication towers and canals and extension of internal lines, etc.
22. Take decision to make operators and providers duty bound to submit documents and plans and to provide grounds for inspectors to conduct inspection of these buildings.
23. Confirm and approve the list of connecting points proposed by the operator wielding significant market force.
24. Issue directive to the operators in accordance with provisions of the law.
25. Carry out other duties provided for in provisions of the law for better regulation of the telecommunication market.

B. In the field of regulating and guiding the affairs of the Afghan Telecommunication Regulatory Authority
The Board shall, for better management of the ATRA affairs, be obligated to carry out and regulate the following activities:

1. Take decision regarding organizational structure of ATRA with due observance of organizational principles and its effectiveness in fulfilling the objectives of ATRA and propose it to the Minister for approval.
2. Prepare annual budget of ATRA and propose it to the Ministry for approval.
3. Control and supervise the employment process of ATRA directors on the basis of open competition.
4. Confirm and approve annual plans and prepare reports on ATRA internal audit and issue instruction based on the report of the internal audit for improvement of activities and capacity building of ATRA personnel.
5. Render cooperation to the executive branch in preparing annual activity report of ATRA for submission to the Minister of Telecommunications and the Council of Ministers.
6. Capacity building of ATRA personnel through organizing training courses on technical, spectrum management, and new telecommunications technologies and systems, as well as on organizational management and principles.
7. Confirm and approve modification and reformation of national frequency allocation chart.
8. Chairman of the Board shall, on behalf of the Board, be accountable to the Minister of Telecommunications and Information Technology concerning decisions of the Board.

C. In the field of establishing legal instruments, procedures and policies concerning telecommunications and information technology
Ever since commencement of its activities, the Board of has drafted, compiled and finalized a number of procedures and policies in accordance with provisions of the Telecommunication Law, and shall, in the future as well, draft and compile new procedures for better regulation of the activities of ATRA.
Procedures and policies to be drafted, compiled, modified and approved by the Board of ATRA are given below:

1. Employment procedure.
2. Procedure on providing information on subscribers to the security departments under emergency circumstances.
3. Supply and procurement procedure.
4. Finalization of procedure concerning salaries of employees.
5. Licensing procedure (ISP licenses)
6. Spectrum management procedure for regulating activities of ATRA in the field of spectrum management.
7. Finalization of procedure on importation of telecommunications equipments and appliances by telecommunications and the internet operators.
8. Procedure on indentifying the location and investigating communications of criminal suspects.
9. Procedure on seizure and confiscation of illegal telecommunications appliances and equipments.
10. Procedure on ATRA internal practices
11. Procedure on installation of antenna.
12. Procedures on registration of subscribers’ SIM cards.
13. Regulation concerning use of radio frequency and telecom and information appliances and equipments.
14. Administrative, financial and accounting procedure of ATRA.
15. Procedure on modification of license of the operator wielding significant market force.  
16. Procedure concerning resolution of disputes among operators over interconnection and proposition of connection points (RIO)
17. Procedure on determining and assigning numbers to operators.
18. Policy on frequency spectrum management.
19. Policy on nation-wide TDF accessibility.
20. Procedure on application, processing, issuance, modification, renewal, and transfer of frequency licenses.
21. Procedure on importation of telecommunications appliances and equipments for use inside Afghanistan.
22.  Procedure on determining the amount of shares of telecommunications companies to be paid to telecommunications development budget.
23. Procedure on terms and conditions of service delivery by the operators for the protection of subscribers and users of telecommunications and internet services.
24. Procedure on publications of ATRA website.
25. Establishment of other procedures as may be needed from time to time for better regulation of activities of the telecommunications market.

D. Participation in sessions and meetings

1. Active participation in the process of gathering public opinion, as well as opinions of the stakeholders concerning issues related to telecommunications market on the basis of provisions of the Telecommunications Law.
2. Participation in bidding as well as in issuing telecom and the Internet licenses and permits.
3. Participation in sessions of the Ministerial Committee in order to defend and provide information on issuance, modification, renewal, suspension and revocation of permits and licenses.
4. Active participation in modification, renewal, and correction of permits and licenses.
5. Active participation in sessions of the Board in order to take decision in regard to the entire issues of telecom market on the basis of provisions of the Regulation of Telecommunications Services Law.
6. Participation in sessions of communications and telecommunications commissions of the House of the People and the House of Elders in order to defend the Telecommunications Services Regulation Law and to provide information on other issues.
7. Participation in sessions of the Ministries of Justice, Finance, Interior, National Security, the World Bank, ISAF, Ministry of Commerce, AISA, the Da Afghanistan Bank, public departments and ATRA in order to provide information and fulfill objectives of the Regulation of Telecommunications Services Law, as well as to resolve problems faced by the operators and other stakeholders.

Job description of the Executive Branch

Duties and powers of the Secretary General

• Prepare the agenda of, participate in and prepare minutes of meetings of the Board, and distribute them to members of the Board, prepare and preserve documents related to meetings of the Board.
• Secretary General of ATRA shall be responsible for the administrative affairs of ATRA and shall be obligated to control and supervise performance of the departments and sub-departments of ATRA for better management of day-to-day activities of ATRA.
• Secretary General shall be accountable to the Board in respect to affairs being assigned to him, as well as in respect to implementation of decisions of the Board and shall submit report to members of the Board on performance of relevant departments on regular basis.
• In order to regulate and provide guidance to the executive branch, the Secretary General shall have the following duties and responsibilities:
  • Provide guidance and issue orders and instructions to relevant departments and sub-departments of ATRA for regulation of daily affairs.
  • Maintain relations with telecom services providers in order to get satisfied over the discharge of their obligations regarding compliance with provisions of the Telecommunications Law, terms and conditions of licensing and implementation of decisions of the Board.
  • Evaluate and refer applications of the customers to the relevant departments for subsequent actions.
  • Prepare agenda of meetings and communicate views and proposals of sections to the Board for consultation and decision-making.
  • Ensure that the employees have been provided with necessary facilities in carrying out their respective activities and that the required and efficient personnel are available to carry out the activities.
  • Create an atmosphere of mutual cooperation among members of the Board, key persons, providers of telecom services and relevant government authorities.  
  • Implement the entire decisions of the Board through departments and sub-departments of the Executive Branch.
  • Regulate and supervise administrative and executive affairs of the departments and sub-departments of ATRA concerning activities related to licenses, frequency management, financial issues, standardization, subscribers, expansion of telecom services to rural areas, and ensure overall accessibility on daily basis.
  • Supervise and control implementation of terms and conditions of the established procedures for sound execution of executive and administrative affairs.
  • Provide guidance to directors and heads of sections in relation to relevant affairs during the course of the working day and supervise duties being assigned to heads of sections.
  • Implement punishments and fines and follow up thereon, as well furnish report to the Board in connection thereto.
  • Issue instructions to sections and departments of ATRA, when necessary, regarding execution of operations-related duties.
  • Prepare work plans and quarterly and annual performance reports and submit them to the Board and relevant sources.
  • Provide information to the Board of ATRA and to the Minister of Telecommunications and Information Technology, when required.

Job description of the Department of Legal Affairs

As a mainstay of ATRA, this Department shall have the following duties:

• Prepare licenses for mobile, analogue, local digital telephone and the Internet services, as well as permits for sale and importation of telecommunications appliances and equipments for delivery and facilitation of telecom services.
• Maintain relations between operators or providers of telecom services and public departments in order to resolve relevant problems.
• Implement terms and conditions of licenses being issued in respect to different categories of telecom services in order to ensure quality services, and maintain telecommunications order and to address interpersonal issues of companies providing telecom services. 
• Analyze and review terms and conditions of licenses and address different issues in respect thereto from legal point of view.
• Prepare proposal and documents related to modification, suspension, and revision of telecom licenses on the basis of provisions of the law for decision making by the Board.
• Prepare reports and submit them to the Board.
• Collect information from operators on the growth and development of telecom networks, communications traffic, and other issues, when required.
• Design and prepare supervision plans for inspection of the establishments of telecom and the Internet networks.
• Discover and evaluate cases of violation by operators of the Internet services in accordance with terms and conditions provided for in licenses.
• Assign inspectors to check application of terms and conditions of permits and licenses for Internet services and for the use of spectrum resources, construction of infrastructural buildings of the networks, communication towers and canals and extension of internal line, etc.
• Identify violators of the terms and conditions of relevant permits and licenses and report the findings to the Board to enable it to take its decision in this regard.
• Gather public opinion on different issues, if required.
• Publish instances of violation by operators and providers of telecom services on ATRA website.
• Take actions to prevent violations in the field of telecom services and communicate them to the public sector.
• Publish punishments and fines being implemented in respect to operators and providers on ATRA website for public information.
• Collect complaints of subscribers and take necessary measures to address them.
• Complete legal formalities in respect to complaints of the subscribers and obtain decisions of the Board concerning removal and correction of defects of the telecom networks.  
• Register new tariffs and rates introduced by operators and providers of telecom services in order to control the market and to provide information to subscribers and users of telecom services in this regard.
• Collect documentary information regarding identification of cases of violation to be submitted to the Board of ATRA for its final decision.
• Compare and reconcile unacceptable parameters with terms and conditions of licenses, and prepare a well documented and acceptable report for members of the Board.

Job Description of Spectrum Management Department

In view of its work characteristics this Department shall have the following duties:

• Determine and define frequency allocations to holders of telecom licenses in accordance with Wireless Regulation, table of national frequency allocations and policy on compliance with different categories of telecom services.
• Prevent frequency disturbance in order to main communication order between all possessors of telecom appliances and equipments, including governmental and non-governmental organization and individuals.
• Assess and collect fees and charges for frequency allocations from operators and providers of telecom services in accordance with provisions of the Wireless Regulation.
• Carry out coordination- and registration-related activities and notify frequency allocations through ITU and the telecom sector for registration of frequencies in MIFR and IFL radio communications sector of International Telecommunications Union (ITU).
• Carry out frequency planning, licensing and frequency monitoring activities in order to maintain telecommunications order.
• Ensure safety of frequency bands for their effective use.
• Implement table of national frequency allocations and observe the entire standards and norms in accordance with Wireless Regulation when made.
• Implement fines and punishments in respect to violators for unauthorized use of frequency allocations on the basis of provisions of Wireless Regulation.
• Register radio frequencies allotted to all applicants for telecom services in accordance with Wireless Law and Regulation.
• Distribute application forms in view of nature of service to license holders and other user applicants, such as (Non Broadcasting, Broadcasting, GSM), including governmental, non-governmental and international organizations, embassies, private companies and individuals asking for installation and operation of radio communications stations in the country.
• Investigate and control validity duration of licenses being issued and their timely extension.
• Explain reports received from International Telecommunications Union (ITU), Asia-Pacific Telecommunications Society (APT), Asian Broadcasting Union (ABU) and other international and regional telecom organizations to relevant sections and their respective officials.
• Define and select radio frequency allocations for wireless appliances and units to applicants, including governmental and non-governmental organizations, embassies, companies and individuals in accordance with Wireless Regulation and table of national and international telecommunications frequency allocations.
• Coordinate entire radio frequencies authorized by ATRA on national, regional and international levels in accordance with (ITU-R).
• Register and communicate the frequencies allotted to (MIFR) by the International Telecommunications Union (ITU).
• Issue necessary instructions to the general directorate of radio technical control or monitoring of this Department in order to remove disturbance on various radio networks having obtained radio licenses from ATRA.
• Assess and collect charges for radio frequency allocation charges and registration fee from users of wireless radio stations in accordance with procedure on the use of radio frequency being enforced in the country.
• Take measures and organize meetings in order to evaluate and verify technical and administrative activities of relevant sections and in order to provide necessary facilities to members of this directorate.
• Regulate specific programs of control and technical supervision of the entire frequencies authorized by this Department.
• Detect unauthorized radio frequencies and locate their place of broadcasting and investigate them on the basis of Wireless Regulation.
• Submit weekly, monthly and annual report to the Secretary General and the Board concerning activities being performed in the spectrum management section.  

Job Description of Finance and Administration Department

• Carry out procurement activities of ATRA on the basis of Supply and Procurement Law of the State, and Supply and Procurement Procedure of ATRA.
• Provide necessary consultation and guidance concerning procurement and process procurement documents and carry out transportation services to heads of relevant sections taking into consideration by-laws of ATRA.
• Regulate financial affairs of ATRA and render necessary consultations to relevant sections.
• Regulate and carry out affairs related to cadres and personnel of ATRA.
• Regulate transportations affairs and services.
• Submit quarterly and annual performance reports of Finance and Administration Department to the Secretary General and Board of ATRA.
• Supervise transportation activities.
• Supervise activities of IT Department on regular basis in order to keep operational the entire Internet network and computers of ATRA departments.
• Submit quarterly and annual report to the Secretary General and Board of ATRA on the budget, outlays, and implementation of supply and procurement process of ATRA.
• Provide guidance to relevant departments on collection of entire financial and accounting information related to revenues accruing to operators or providers of telecom services and investigate financial affairs in order to collect fees and charges owed by them.
• Investigate affairs related to financial issues with relevant sources.
• Control and check bank statement of accounts on regular basis and submit report to the finance department.
• Establish a regular computerized system to clarify statement of transfers of each company separately.
• Collection of revenues of operators in accordance with terms and conditions of licenses issued to operators.
• Supervise and control the entire activities of the employees of the Department of Finance and Administration.

Job Description of sub-Department of Telecommunications Development Budget

• Arrange necessary legal instruments to ensure nation-wide accessibility of telecom services in Afghanistan.
• Arrange necessary documents for development of telecom projects across the country.
• Formulate necessary technical programs for rural projects and ensure interconnection between licensed networks and networks being established through telecommunications development budget.
• Determine and select reasonable methodologies for ensuring nation-wide accessibility through utilization of development budget.
• Supervise and control reasonable spending of development budget towards development of telecommunications services in rural and far-flung areas of the country.
• Carry out the entire activities related to telecommunications development budget in a transparent and appropriate way and submit reports to ATRA Board on regular basis.   
• Arrange, regulate and forecast appropriate amount of operators’ share in creation of actual budget and accomplish objectives in this regard.

Job Description of Sub-department of Standardization

In order to carry out its respective activities, the Sub-department of Standardization shall have the following duties:

• Arrange and regulate recognized standards of telecom equipments.
• Define and select telecommunications systems and technologies in order to prevent importation of low quality telecommunications appliances and equipments, and obtain approval through ATRA Board.
• Use standards and criteria of the standardization sector of the International Telecommunications Union in preparation of the list of modern and advanced standards for telecommunications market of Afghanistan.
• Select higher standards of modern telecommunications system and technologies to prevent outbreak of problems.
• Review and evaluate international and regional standards to improve quality of services and use of scarce resources.
• Appoint and select inspectors to observe and evaluate telecommunications technologies to determine quality of telecommunications appliances and equipments.
• Review and evaluate national numbering plan to improve effectiveness and meet needs of operators and providers of telecom services.
• Implement higher standards to ensure quality interconnection of telecommunications systems.
• Review, evaluate and select telecommunications standards to meet requirements of telecommunications market.
• Register complete information on quarterly basis concerning overall numbers being distributed by the operators.
• Review and investigate use of network, city, provincial and international codes and explore reasonable and scientific standards for operators and providers of telecommunications services for determination and selection thereof.
• Work out plans and take necessary measures from time to time in respect to latest telecommunications technology and methods.
• Register columns and blocks of number being distributed by operators.
• Review cases of violation of allotment of numbers and prepare a report for members of the Board to take decision in this regard.
• Prepare tables of fees for numbers using experiences of countries in the region and all over the world and submit them to members of the Board for approval.
• Make preparation and take measures in advance regarding electronic numbering and other types thereof.
• The deputy director responsible for allotment of numbers shall prevent illegal use of numbers by the operators who by such practices provide grounds for abuse in the telecommunications market.
• Review new numbering plan and communicate its ambiguities to the Regulatory Board and to members of the Board of ATRA for modification and correction.
• Distribute and allocate numbers and codes in a transparent, appropriate and non-discriminatory way.
• The incumbent of this post shall, prior to allotment of numbers, make sure that the numbers are correct in order to ensure telecommunications connection on city, national and international levels.
• Take action concerning other activities in connection to numbering affairs.

Job Description of Sub-department of Internal Audit

• Make arrangements for implementation of audit and evaluation plans for different sections of internal audit (licensing, technology, marketing and finance and administration).
• Assign supervisors to different departments of ATRA.
• Discover cases of violation and take timely and legal action in respect thereto.
• Ensure principle of transparency in all departments of ATRA.
• Submit supervision reports to competent authorities and pinpoint instances of violation.

Article 2: Organizational Structure

• The Afghan Telecommunications Regulatory Authority (ATRA) shall have an organizational structure the draft of which shall be prepared by the executive section and proposed to the Board for initial approval. The organizational structure shall be applicable after being approved by the Minister.
• The Board shall be composed of 5 members to be appointed when recommended by the Minister of Telecommunications and Information Technology and approved by the President of the Republic.
• The Minister of MoCIT shall appoint one of the 5 Board members as the Chairman of the Board and determine the term of service for the chairman.
• Chairman of the Board shall be responsible for regulation, convocation and coordination of sessions of the Board.
• Appointment of the Secretary General shall take place through open competition process in accordance with the procedure of the Independent Administrative Reform and Civil Service Commission.
• The Secretary General of ATRA shall be accountable to the Minister of Telecommunications and the Board in respect to executive affairs.
• Appointment of directors of departments shall take place in accordance with the procedure of the Independent Administrative Reform and Civil Service Commission.
• The Board of ATRA shall assign a team when needed to foresee job descriptions for the entire positions under consideration in the organizational structure. Job description of positions shall become valid after being confirmed by the ATRA Board and approved by the Independent Administrative Reform and Civil Service Commission.     

 Article Three: Voting and Decision-making
Legal validation of decision of the Board shall require quorum.
A simple majority of members of the Board physically present shall constitute quorum for the activities of the Board. Every member of the Board, including the Chairperson, shall have one vote and three votes by members of the Board shall be deemed requisite for validity of decision of the Board.
Article Four: Holding sessions
The Board shall hold as much sessions as needed. But it shall at least hold one session in each calendar month to regulate its respective activities.
Article Five: Registration of proceedings of the session
The Board shall carefully preserve proceedings of its sessions and its instructions and decisions. Confidential issues shall be discussed in a separate session and access to documents concerning proceedings of such sessions shall be limited. Registration of proceedings of sessions and principal decisions of the Board shall be retained by the office of the Chairperson.
Secretariat of ATRA shall be responsible to provide and preserve documents provided for in the present Article electronically and in written form.
CHAPTER TWO
Summary and overall vision of ATRA
Article Six: Legal responsibility for transparency (equity)
On the basis of telecommunication law ATRA shall be obligated to establish written procedures to regulate its activities.
The Initial guideline is provided in chapter four (decisions) and chapter five (arrangement of regulations).
The purpose of this document is to bring about a general understanding among members of ATRA Board, employees, license holders and the entire stakeholders in the regulatory process of Afghanistan.
The ATRA Board may modify or revise this document when required.
Article 7: Legal instruments of ATRA
Article 63 of the new telecommunications law authorizes ATRA to establish procedures and regulations.
Decisions: When the ATRA Board addresses a specific issue and approves it with the majority vote, it shall instruct the Secretary General to officially communicate the said decision to all stakeholders and publish it in the official website of ATRA.
The decision might be in respect to draft or regulation, draft or finalized procedure, gathering public opinion or any other issue.
Rules and Regulations: These documents are generally an exposition of articles of the telecommunications law. Every draft regulation will be put at the disposal of all stakeholders (generally within 15 days) for their comments, and afterwards the Board will decide on finalization of the regulation.
Procedures: Procedures shall specify phase-wise instruction in respect to each particular activity. For example, there will be procedures for frequency allotment, for issuance of permits and licenses, as well as for sale of telecommunications appliances and equipments.
Each draft procedure shall be put at the disposal of all stakeholders (generally within 15 days) for their comments and the Board will thereafter decide on the adoption of a finalized procedure.
Final decision on the selection of regulations and procedures shall be published in the official website.
Correspondence: The entire correspondence shall also be deemed as part of legal and regulatory process. The Board may, when needed, communicate specific issues through a letter or e-mail. However, this method of dispatch should be maintained to a minimum extent and should only be used as a sample in respect to multilateral issues. For example, this method shall be used confidentially in respect to an individual license holder in issues pertaining to tax or customs.
Article 8: As a general rule, ATRA’s activities shall have the following stages:

1. A written proposal shall be submitted to the Board by the Secretary General. The issue may include different topics and may originate from departments of the executive branch, government departments, civil society, license holders, and other stakeholders. The said proposal may contain a single item of an agenda, or a complete procedure or regulation.
2. Where the proposal is in respect to a regulation or a procedure, in that case the relevant department should furnish the Board with a brief explanatory note. Generally, this note shall not exceed one or two pages, but shall, at least, contain the following:

• Legal basis for actions, where practicable (for example, an article of the telecommunication law, an article of telecommunications policy, a regulation or procedure, terms and conditions of permits and licenses).
• A synopsis of actions and the existing documents and papers (for example, a letter from license holders or ITU, evidences of illegal activities in Afghanistan).
• Objective of the procedure or regulation.
• (The Dari text does not make any sense, translator).

3. The Board shall discuss the issue, and where sufficient information is available on the issue, the Board may take a final decision in this connection by voting and shall officially communicate its final decision to all stakeholders, and shall publish it in the official website of ATRA.

4. Where the decision is related to a regulation or procedure, in that case comments shall be collected within 15 days. The concerned department shall summarize comments and shall submit its recommendations to the Board.

5. At this stage, the Board shall discuss the issue once again and shall take decision on releasing the final regulation or procedure, which shall take effect within five days thereafter.

This time duration enables all stakeholders to obtain the final procedure or regulation.

CHAPTER 3

General Rules

Article 9: Definitions

For the purposes of this procedure, unless the expression or phrase is deemed necessary otherwise, terms and expressions with their definite meanings are given below:
Access: Means making accessible telecommunications facilities or services by one license holder to another license holder for the purpose of providing telecommunications services, including but not limited to access to network components and their respective facilities, access to physical infrastructure, inter alia, buildings, dockets, pipes, towers, pylons, access to relevant software systems, inter alia, operation support systems, access to translation of number, or to systems providing corresponding functions, as well as access to fixed and mobile networks.
Application: A document on a paper sheet which is submitted to ATRA by an individual for subsequent actions.
Procedure: Means the present procedure.
Telecommunications Network: Means a transmission system with switches, directing equipments and other appliances providing grounds for communication through line, cable, radio, electronic energy, and magnetic waves. Satellite network, fixed network (circuit switch and pocket switch, including the Internet), earth mobile networks and air cable system also fall under this definition.
Telecommunications Services: Stands for delivery of services which take places in the form of partial or basic transmission via telecommunications networks against charges.
Decision: Decisive and final view of ATRA on relevant issues adopted temporarily or permanently and is put into practice by the pertinent sources.
Dispute: Stands for:
A. Disagreement between two or more license holders over:

1. Terms and conditions and interconnection limits.
2. Accessibility or quality of telecommunications services being provided by one person to another, and/or 
3. Any other issue within the jurisdiction of ATRA. 

B. Disagreement between a subscriber and a license holder.
Significant Market Force: Means provider of services possessing 40% or more gross revenues of telecommunications-specific market as per ATRA assessment in view of fixed category of services and geographical limits.
Subscriber: A user who is neither owner of a public telecommunications network nor provider of telecommunications services.
Facilities: Mean each part of infrastructure of a telecommunications network, including any type of antenna, circuit, pipe (docket), equipments, electronic fiber (whether circuit is available partially or entirely), line, pipe, tower or any kind of building, or anything being used or intended to be used in connection with telecommunications network.
Secretary General: Executive Director of ATRA responsible for executive affairs of the Afghan Telecommunications Regulatory Authority.
Interconnection: Physical, technical and reasonable connection of telecommunications network with another telecommunications network to maintain linkage of subscribers of one telecommunications network with subscribers of another telecommunications network.
Interconnection guidelines: Principles and rules being established by ATRA to ensure interconnection of telecommunications networks.
Permit: A written document issued by ATRA to the applicants to provide telecommunications services in the country.
Permit Holder: A person who obtains permit from ATRA for providing telecommunications services.
National Telecommunications Registration Book: A register book arranged by ATRA, which is a repository of all permits being granted or revoked, all decisions, all technical standards, reference interconnection offer (RIO), interconnection agreements, all fees tables, punishments, fines, national frequency plan and all other  public-specific documents.
Party: Stands for:
(A) Any person taking part in investigation process whether through submission of application, giving comments or through direct participation.
(B) A license holder who is party to a dispute resolved by ATRA on the basis of chapter 6 of the present procedure.
(C) A license holder or user of services who is party to a dispute which is revolved by ATRA in accordance of chapter 8 (disputes) of the present procedure.

Person: A person means:

• Domestic real entity: A person who is a citizen of Afghanistan. 
• Juristic entity: A person in the form of an institution, exclusive ownership, limited liability company, temporary partnership, temporary investment, private or public joint-stock company, union or any type of profit-making institution being established in accordance with provisions of the enforced laws.
• Real foreign entity: a person who is not a citizen of Afghanistan.
• Juristic foreign entity: a person whose juristic entity has been specified within the framework of laws other than those of the country.

Lawsuits: Actions taken by ATRA to address a complaint, investigation, revision, making rules or other actions in respect to an issue.
Public Telecommunications Network: A telecommunications network which is used for providing telecommunications services to general public or to any type of category related thereto.
Public Telecommunications Services: Are telecommunications services provided to the general public or to any type of category related thereto.
Regulation: Stands for rules and norms established by ATRA and which are generally applicable.
Actions for establishment of procedure: Any action on the part of ATRA for establishment of rules and regulations, guidelines or policies which are used by ATRA in the discharge of its duties.
Tariff: Stands for rate, charge, price or other monitory or non-monitory values of telecommunication services or facilities being provided, which are charged by or paid to a license holder.
ATRA: Afghan Telecommunications Regulatory Authority being established on basis of provisions of the Telecommunications Services Regulation Law, published in Official Gazette # 878.
User: A real or juristic person using or asking for public telecommunications services.
Note: Where each one of the above definitions might be in contradiction to definitions provided for in the telecommunications law, in that case the definitions provided for in the telecommunications law shall prevail.
Article 10: Interpretation
10-1 The present procedure shall, provided any other procedure has not been fully described in other laws, govern the entire issues commenced by or referred to ATRA. And the present procedures shall, as a supplement to procedures provided for in those laws, be deemed enforced, and in case of contradiction, the procedures provided for in those enforced laws shall prevail.
10-2 ATRA shall assign an official number to any action taken by ATRA.
10-3 The present procedure shall fairly be interpreted for the following objectives:

1. 1. To fulfill objectives of the enforced laws and the duties assigned to ATRA, and
   2. To assist all stakeholders towards realization of fair, prompt and cost-effective performance.

10-4 ATRA should, at least once every two years, revise the present procedure after it has been confirmed, through its rule making actions.
The purpose of this revision shall be to add new articles, alter or delete such articles as are deemed necessary or may be repugnant to realization of objectives provided for in the present procedure.

10-5 In cases where the present procedure required a written result of an issue, the issue can only be finalized on paper.

10-6 Where a document arrives on official address of ATRA or on address of a third person, such document should be accepted provided the acknowledged document is delivered on official address of ATRA or on address of a third person with the aim to be included in actions. 

Article 11: Publications through ATRA

Unless otherwise provided for in the enforced law, publication of document on the basis of the present procedure shall only be acceptable provided it has met the following conditions:

(A)  To be accessible for review on official website address of ATRA.
(B)   To be available on regular basis on the official website of ATRA for access of the general public, and
(C)   Provided ATRA deems it necessary on account of conditions or on account of law requirements.
Shall be published in the National Telecommunications Registry and/or
A summary thereof shall be published in one or more dailies with wide circulation.
Article 12: Delivery of documents to ATRA 
12-1 In cases where delivery of a document to ATRA is deemed necessary, the document shall be prepared in one of the official languages of Afghanistan and shall be addressed to the Secretary General or shall be hand delivered to the department of archives and liaison of ATRA or by registered post. In addition, documents can also be sent through electronic mail only for advance information of ATRA.
12-2 Where a document is deemed necessary to be delivered to ATRA, such delivery shall only be deemed as to have been delivered on time when it is received by ATRA on time and on the basis of conditions set forth under Article 12.1.
12-3 In cases where delivery of a document to a person is deemed necessary, such delivery shall only be valid when the document is delivered on time on a sheet format by a person or through registered post on address of the person under consideration inside Afghanistan.
12-4 ATRA shall give a written receipt to the person delivering written documents reflecting date and time of receipt. 
12-5 Until such a time that electronic signature assumes legal validity, the document or a faxed copy thereof shall be delivered to ATRA.
12-6 Signatures on faxed documents are given validity on presumption, unless a person objects to validity of the signature. In such cases, ATRA shall discuss the issue and take decision.
12-7 When electronic signatures assume legal validity in Afghanistan, a document bearing electronic signature can be delivered to ATRA provided the electronic signature has been given on the basis of principles and regulations concerning electronic signatures.
Article 13: Address for electronic documents
13-1 The official e-mail address of ATRA for electronic registration of documents is general.secretary@atra.gov.af
Or any other e-mail address, which ATRA may determine for its actions.
13-2 Official postal address of ATRA for delivery of written documents is: 10^th floor, Ministry of Telecommunications and Information Technology, Mohammad Jan Khan Watt, Kabul, Afghanistan.
Website address for publication of decisions of the Board of ATRA and other official documents of ATRA is: http://www.atra.gov.af
13-3 License holders shall arrange a specific e-mail address for sending electronic documents and a specific location for sending written documents. License holders shall notify these addresses and alteration therein as soon as possible within 14 calendar days. During investigation proceedings untimely notification shall not justify requital of one party to the issue. ATRA shall post list of such addresses on its official website.
Article 14: Registration Fee
At the time of registering application with ATRA, the applicant shall pay application registration fee. Each one of these fees should be published in a table by ATRA in advance.
Article 15: Code number of lawsuits in ATRA
TRA shall assign a number to each lawsuit which could be used for identification of documents related to the pertinent lawsuit.
Article 16: Contents of the documents
Documents to be submitted to ATRA shall have the following contents:

1. Title of the lawsuit
2. Code number of the lawsuit in ATRA
3. Date and title of the document to be submitted
4. Remedy to be sought and a mention of relevant ATRA rules and regulations on the basis of which the remedy is sought.
5. Description of facts and evidences on which the person relies and other information which can be helpful to ATRA in discerning position of the person concerned.
6. A breakdown of the document into sections and their serial numbers.
7. Name and addresses of the person submitting the documents, and name and address of the person to whom documents will be submitted afterwards. Where a person does not have address, he shall give an alternate address.
8. Inclusion of documents which may be helpful in determining or describing position of the person. This issue can be included in the review or investigation of documents carried out by a person.
     Article 17: Alterations in documents:
   ATRA may take the following actions in respect to documents:
9. Allow alteration of documents during proceedings of a case.
10. Issue a written instruction that equity may not be observed in regard to the existing circumstance or it may cause disgrace to a third person or it may delay equitable settlement of the case, in which case it may alter or reject the documents.
11. Other corrections which ATRA may deem necessary in order to be able to ascertain and clarify real queries.   

Article 18: Confidential Information:
18-1 A person providing the following information during proceedings of suit or in response to a request or upon decision of the ATRA, may assign confidentiality to such documents provided the information has not been made available to the general public in the past and has been clearly marked as confidential.
(a)    Information which is confidential from commercial point of view.
(b)   Information which is confidential from financial, commercial, scientific or technical points of views and which are dealt with confidentially by the person providing it, or
(c)    Information which if divulged may reasonably:

1. result in financial profit or loss of a person;
2. result in weakening of competitive position of a person, or
3. affect negotiations regarding a contract or other issues, and
4. create a security risk for a person.

18-2 Where a person puts confidential mark on information and persists in calling it confidential, in that case no person (provided for under Article 18-3) ought to divulge the information deliberately or to allow it to be divulged.

18-3 Article 18-2 shall be applicable to the following persons:

(a)    A person employed or contracted by ATRA.
(b)   A person employed or contracted by the public services who may possess confidential information and who is currently on the job, such as an official employee or contractor, whether on duty or separated.
18-4 Where confidential information is registered with ATRA:

A-    Such information should be preserved and kept in a separate compartment of an official file of ATRA’
B-    Only those personnel of ATRA, including advisors, who may need to know about it, shall be allowed to have access to such confidential information.

18-5 Where a person is required to provide information provided for under Article 18-1 to a third person, he may mark the entire or part of the information as confidential.

18-6 Where information is marked ‘confidential’ in accordance with sub-Article 18-5 of the present Procedure, the person concerned may, through sending a written letter to ATRA, object to such marking within 14 calendar days, or within the period specified by ATRA, of the receipt of such marking.

18-7 Where the information bearing confidential mark has been furnished to ATRA, it (ATRA) in its decision may, notwithstanding other provisions of the present Article, issue instruction concerning divulgence of the information.

18-8 ATRA shall, after taking into consideration claims of the concerned persons, including the person having provided the information, take decision concerning divulgence of the information with the following conditions:

1. ATRA shall make it known that divulgence of the issue is in the benefit of the people, and
2. ATRA shall make it known that the benefits of divulging the information are far in excess of loss to the person having provided the information.
3. Where the laws of Afghanistan do not allow such confidentiality.

Article 19: Proposals   

19-1 During the course of a dispute proposals shall be submitted in writing to ATRA or to such persons as ATRA may deem necessary by a party to the dispute. The proposal shall clearly indicate the solution and shall include supporting documents.

19-2 Excepting an emergency, persons who receive proposals and the person whose interests are affected thereby will have a period of seven calendar days at his disposal following the receipt of the notification to submit his rebuttal to ATRA. 

Article 20: Other cases     

20-1 Where a person applies for permission to carry out a work for which no provisions have been made in the present Procedure, he may submit a written application to ATRA giving reasons on the basis of which he is asking for the assistance of ATRA. Where the application is in respect to claim for loss compensation, or included rights and duties of a third person, in that case ATRA may guide the applicant to submit copy of his application to the person concerned. 

20-2 ATRA shall, within 14 calendar days of the receipt of application, com