חוק התקשורת (בזק ושידורים) (תיקון מס' 76), התשפ"ב-2022Law on Communications (Telecommunications and Broadcasting) (Amendment No. 76), 2022 · automatic translation · suggest a correction

Official summary of the law (Knesset)

The amendment to the Law establishes a comprehensive change in the regulatory framework for telecommunications services, meaning communications services that are not broadcasts, led by internet and cellular services. According to the provisions of the Communications Law (Telecommunications and Broadcasting), 1982, as worded before the amendment, the provision of telecommunications services was, as a general rule, subject to the requirement to obtain a license from the Ministry of Communications. The amendment reduces the number of telecommunications services that will be subject to regulation and moves most services from a licensing requirement to a registration requirement in a registry to be managed by the Ministry of Communications and subjection to the general permit regulations to be enacted by the Minister of Communications, with the aim of reducing the bureaucratic burden, lowering barriers to entry into the market, and encouraging the entry of new players into activity in this field. According to the amendment, telecommunications services whose provision will be subject to regulation (licensing or the general permit regulations) will be services provided to the general public that are one of the following: a telephony service, an internet access service, and a data transfer service for customers not via the open internet network but via dedicated networks (a service common mainly among business customers). Anyone providing telecommunications services subject to regulation, whether within the framework of the registry or within the framework of a license, will be called an authorized provider. Instead of granting individual licenses, the default will be regulation via registration in the registry in a quick and simple manner, within only ten working days, and after examination of minimal threshold conditions by the Ministry of Communications, and those registered in the registry will be subject to the general permit regulations. However, the provision of certain telecommunications services defined in the Law will continue to be subject to obtaining an individual license (in addition to being subject to the general permit regulations), since these services are of special importance or there is justification for stricter regulation and oversight regarding them. These services will include cellular services, telecommunications services provided to a large number of users, telecommunications services provided using satellite or submarine cable, and telecommunications services provided by a local authority. In addition, a transitional provision was established within the framework of the amendment, enabling the conduct of trials in 5G technology, while establishing an exemption from obtaining a license or registration in the registry. The transitional provision, which will apply for 9 months from the date of publication of the amendment in the Official Gazette, determines that the aforesaid exemption will apply only if the service within the framework of the trial is provided to no more than 500 subscribers, and that if the trials include providing a paid service to subscribers, enhanced disclosure obligations regarding the characteristics of the service within the framework of the trial will apply to the service providers. The amendment comes into effect on 2 October 2022, but the Minister of Communications, with the approval of the Knesset Economic Affairs Committee, may postpone the effective date for one additional period not exceeding six months, among other things if the general permit regulations have not yet been enacted or preparations for operating the registry have not been completed.

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