The activities of virtual telecommunications network operators and internet service providers are subject to authorisation, which may be granted to legal persons whose share capital is held in majority by Tunisians.
"Article 2:
For the purposes of this code, the following terms are understood to mean: [...]
[Indent 28] - Operator of a virtual telecommunications network: any legal person holding an authorization for the provision of telecommunications services by means of a telecommunications network and radio frequencies which it does not have.
[Indent 29] - Internet services: Services which ensure the connection of the public to the Internet through a public telecommunications network and the provision of services based on the Internet protocol.
[Indent 30] - Internet access service: The service offered to the public through a public telecommunications network connected to the Internet and which allows access to data with a view to consulting or consulting and exchanging them.
[Indent 31] - Internet service provider: any natural or legal person meeting the legal and regulatory conditions and providing Internet services.
[...]
Article 5:
The provision of telecommunications services is subject to the prior authorization of the Minister responsible for Telecommunications. The conditions and procedures for granting this authorization are set by a decree which provides in particular for the procedures for submitting the authorization request and the response time from the Ministry responsible for Telecommunications, as well as the reasons for the refusal decision.
Article 6:
The provisions of article 5 of this code do not apply to universal telecommunications services, television broadcasting services and any other telecommunications service which will be fixed by decree. [...]
[...]
Article 8:
Subject to the provisions of Article 5 of this code, the supplier of telecommunications services must meet the following conditions: [...]
- for the legal person, be constituted in accordance with Tunisian legislation;
[...]
Article 31 (ter) - The operation of a virtual telecommunications network is subject to the prior authorization of the Minister responsible for telecommunications after consulting the national telecommunications authority. An agreement is concluded for this purpose with the operator of the public telecommunications network concerned. The conditions and procedures for granting this authorization are set by decree.
[...]
Article 31 (quater) - The activity of internet service provider is subject to the prior authorization of the Minister responsible for telecommunications, after consultation with the Minister of the Interior and the national telecommunications authority. The conditions and procedures for granting this authorization are set by decree.
[...]" (Telecommunications Code (Law n° 2001-1 of 15 January 2001), as amended by Law n° 2013-10 of 12 April 2013, Articles 2, 5, 6, 8, 31 (ter) and 31 (quater) [google translation])
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"Article 1 - This decree sets the conditions and procedures for granting authorization for the exercise of the activity of internet service provider, in accordance with the provisions of indent 29, 30, 31 of article 2 and l Article 31 (quater) of the telecommunications code, as well as the obligations of service providers and the penalties to which they are subject in the event of infringement of the provisions of this decree. [...]
Art. 2 - The activity of Internet service provider is subject to the prior authorization of the Minister responsible for telecommunications, after consultation with the Minister of the Interior and the National Authority for Telecommunications.
[...]
Art. 3 - Anyone wishing to obtain an authorization from an internet service provider must meet the following conditions: [...]
- for the legal person: be constituted in accordance with Tunisian law, having a share capital of at least one million (1) dinars, held by name and in majority Tunisian, [...]" (Decree setting the conditions and procedures for granting authorization for the activity of internet service provider (No. 2014-4773 of 26 December 2014), Articles 1, 2 and 3 [google translation])
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"Article 1 - This decree sets the conditions and procedures for granting authorization for the exercise of the activity of operator of a virtual telecommunications network.
Art. 2 - The activity of operator of a virtual telecommunications network is subject to the authorization of the Minister in charge of telecommunications after consulting the national telecommunications authority.
[...]
Art. 5 - Anyone wishing to obtain an operator authorization for a virtual telecommunications network must meet the following conditions:
- be a legal person constituted in accordance with Tunisian law, having a share capital of at least one hundred and fifty (150) thousand dinars, held by name and in majority by Tunisians, [...]" (Decree setting the conditions and procedures for granting authorization for the exercise of the activity of operator of a virtual telecommunications network (n° 2014-412 of 16 January 2014), Articles 1, 2 and 5 [google translation])
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"Article 2: Within the meaning of this government decree, the following terms mean:
Authorizations: the prior approval granted by the administrative authority to the applicant fulfilling the legal conditions required for the exercise of the economic activity or for the realization of a project. The concessions granted by the competent authorities, the licenses subject to a call for tenders or the authorizations granted by the assembly of the representatives of the people within the meaning of the article 13 of the constitution.
[...]
Article 3: The exercise of economic activities related to the following sectors and provided for in Annex 1 of this Governmental Decree requires the prior approval of the competent administrative authority:
- natural resources and useful substances,
- land, sea and air transport,
- banks, finance, insurance and the financial market,
- dangerous or polluting industries,
- health,
- teaching,
- telecommunications,
- some commercial activities and some service activities.
Annex 1 of this Governmental Decree exclusively sets the detailed list of economic activities in the aforementioned sectors requiring an authorization as well as the deadlines, procedures and conditions for granting them.
[...]
Annex 1: List of authorizations relating to economic activities, their deadlines, procedures and conditions for granting [...]
7. List of authorizations relating to activities in the telecommunications sector
66. Exercise of the activity of operator of a virtual telecommunications network
1- Conditions relating to the person:
- Legal person, formed in accordance with Tunisian law, not having the status of public communication network operator in Tunisia.
- The legal representative of the legal person must be a natural person, of Tunisian nationality, holder of a university degree or an equivalent diploma or an approved training diploma of the above-mentioned level in the field of computer science, communication or multimedia, with no criminal record and in a situation that does not conflict with the conditions for exercising a profession [...]
2- Financial conditions:
- A minimum capital of one hundred and fifty (150) thousand Tunisian dinars in its own possession and of which most of the persons, natural or legal, who have it, of Tunisian nationality
[...]
67. Activity of internet service provider and activity of internet access provider
1. Conditions relating to the person and required for obtaining an initial agreement or authorization:
- The applicant must be a legal person, constituted in accordance with Tunisian law
- The natural person who legally represents the legal person must be:
- Of Tunisian nationality, holder of a university degree or an equivalent diploma or an approved training diploma of the above-mentioned level in the field of computer science, communication or multimedia. [...]
2. Financial terms:
During the authorization assignment stage:
- When taking the decision to grant the authorization: it is mandatory to have a minimum capital of one (1) million Tunisian dinars in one's own possession and of which most persons, natural or morals, who have it, of Tunisian nationality [...]" (Government Decree No. 2018-417 of May 11, 2018 relating to the publication of the exclusive list of economic activities subject to authorization and the list of administrative authorizations required for the realization of projects, the related provisions and their simplification [google translation])
Telecommunications Code (Law n° 2001-1 of 15 January 2001), as amended by Law n° 2013-10 of 12 April 2013, Articles 2, 5, 6, 8, 31 (ter) and 31 (quater)
Decree setting the conditions and procedures for granting authorization for the activity of internet service provider (No. 2014-4773 of 26 December 2014), Articles 1, 2 and 3
Decree setting the conditions and procedures for granting authorization for the exercise of the activity of operator of a virtual telecommunications network (n° 2014-412 of 16 January 2014), Articles 1, 2 and 5
Government Decree No. 2018-417 of May 11, 2018 relating to the publication of the exclusive list of economic activities subject to authorization and the list of administrative authorizations required for the realization of projects, the related provisions and their simplification
[<a href="https://www.pist.tn/record/111519?ln=fr">Code</a>],[<a href="http://www.intt.tn/upload/txts/fr/loi2013_10.pdf">Law</a>],[<a href="https://www.pist.tn/record/78632?ln=fr">Decree</a>],[<a href="https://www.pist.tn/record/79084?ln=fr">Decree</a>],[<a href="https://www.pist.tn/record/76961?ln=en">Decree</a>]