CHAPTER SIXTEEN:

Post and Telecommunications

 

ARTICLE 124-

     A- In realization of the government sovereignty, establishment and protection of the parent telecommunication networks, regulating the country’s frequency space, and securing continuation of the postal and telecommunication services remain as government responsibility.  In view of the Note of the Article forty four(44) of the Constitution, and in order to prevent economic loss to the society while realizing the country’s economic development objectives, the non-public sector shall be permitted to engage in the following postal and communication services within the domain of the non-parent telecommunication sector  through parallel and independent postal and telecommunication,  upon authorization of the Cabinet:

    1-  Mobile telephone network

     2- Paging network

     3- Low capacity telephone centers of up to five thousand numbers

     4- Data transfer network

     5- Value added service provision network

      6- Postal network

      7- Postal courier network

   B- To contribute to the economic growth and development, the public telecommunication companies are authorized to divest part of their activities in the area of maintenance of operation, design, engineering installation and commissioning, testing and delivery of equipment and networks to the cooperative and private sectors, with due consideration of the provisions of Item (A) and the government strategies.

   Note: The non-public undertaking authorization in the said field indicated in this Article is granted upon the assurance that no monopoly will be created in the non- public sector and the service will be continually provided, through a by-law to be prepared on the joint recommendations of the Plan and Budget Organization and the Ministry of Post, Telegraph and Telephone, and to be approved by the Cabinet.

ARTICLE 125-  To safeguard the national interest, realize social justice, develop the communication services in the disadvantaged areas, enhance the national return and the sector’s return, promote economic transparency and improve the social welfare,  government is required to undertake the following tasks:

   A- Authorizing transfer of revenue and funds among the national and provincial telecommunication companies with the goal of providing assistance to the disadvantaged provinces upon confirmation of the Ministry of Post, Telegraph and Telephone and in line with the government contribution.

   B- The entire invested funds in the approved projects of the telecommunication companies (provincial and national) and postal and other institutions and the companies affiliated to the Ministry of Post, Telegraph and Telephone, will be considered as tax deductible expenses, and will be included as the government’s share in the capital structure of the said companies and/or the Telecommunication company of Iran (as the case may be) and is not subject to Article (32) of the Plan and Budget Law enacted in 1972.