Timor-Leste’s Decree-Law No. 11/2003 | Establishing the bases for the telecommunications sector

Decree-Law No. 11/2003, enacted on 29 July 2003, by the Democratic Republic of Timor-Leste, establishes the foundational legal framework for the telecommunications sector. This legislation is a pivotal step by the First Constitutional Government towards organising and regulating the provision of telecommunications and postal services within the nation.

The primary purpose of this Decree-Law is to foster economic growth and social integration by ensuring all citizens have access to modern telecommunications. It aims to correct regional imbalances, alleviate geographic isolation, and provide quality communication services at affordable rates. The law also sets out guidelines for infrastructure development, service diversification, and regulatory oversight to promote innovation and accessibility in the sector.

Key objectives

The law is designed to achieve the following:

1. Establish a universal telecommunications service accessible to all, ensuring quality and affordability.
2. Promote financial and operational sustainability of the sector through strategic exclusivity and compensation mechanisms.
3. Guarantee equitable market access and competition among service providers.
4. Provide clear regulatory oversight, including spectrum management, international coordination, and consumer rights protection.

Provisions

The Decree-law outlines:

• Definitions of public and private telecommunications and their respective scopes.
• Principles for universal service operation under exclusivity agreements.
• Regulations for managing public telecommunications infrastructure and interconnectivity.
• Obligations of operators, including maintaining communication secrecy, protecting consumer rights, and fostering competition.
• A framework for monitoring, enforcing penalties, and resolving disputes, overseen by the Communications Regulatory Authority (ARCOM).