Rights and Obligations of the Licensee under the Construction and Operation of the Fiber Cable Network License Contracts in the Kurdistan Region* (Comparative Legal Analysis)

This research addresses the issue of the absence of a law for the regulation of telecommunications sector in the Kurdistan Region. It will, thus, focus on the regulation of rights and obligations for licensed operators of fiber optic cable networks under contracts issued by the Ministry of Transportation and Communications (MOTAC) of the Kurdistan Regional Government (KRG). Given the pivotal role of fiber optic backbone networks in regional connectivity, the study employs a comparative approach to analyze these rights and obligations in relation to legislative frameworks in the UK, Qatar, and Iraq. It assesses MOTAC’s efficacy in defining licensee responsibilities, examining alignment with applicable laws and regulations in the KRI and with international best practices and conformity with legal standards observed in comparator legislations. The study identifies shortcomings in MOTAC’s approach, particularly the separate licensing of intracity and intercity networks, which may impede competition and future investments. Recommendations highlight the urgent need for Kurdistan legislator to enact a comprehensive communications law to regulate this critical sector and amend MOTAC’s regulations to ensure licensees have adequate rights for the construction and expansion of their networks and operating them, thereby fostering a competitive telecom sector conducive to regional growth. It has been recommended that for MOTAC to have a modern regulatory framework, the practice of CRA in Qatar mainly and the Ofcom of UK could be beneficial.