COALITION PROVISIONAL AUTHORITY ORDER NUMBER 65
IRAQI COMMUNICATIONS AND MEDIA COMMISSION
Pursuant to my authority as Administrator of the Coalition Provisional Authority (CPA) and
under the laws and usages of war, and consistent with relevant U.N. Security Council
resolutions, including Resolutions 1483 and 1511 (2003), and having consulted with the Iraqi
Governing Council;
Recalling that U.N. Resolution 1483 (2003) called upon the CPA to promote the welfare of the
people of Iraq through the effective administration of the territory and to contribute to conditions
of stability and security,
Recognizing that open and rigorous debate based upon the free exchange of information is
essential to the development of a modern democracy and the holding of free and fair elections in
Iraq, and that key to this is unfettered and universal access to a vigorous, professional, free,
independent and diverse media;
Further Recognizing that telecommunications plays a major role in the economic development of
nations and that creating legal certainty for market entrants will enhance economic growth and
stability;
Noting the need to develop effective self-regulatory mechanisms for the media, especially the
press, while assuring orderly structuring of a communications infrastructure;
Underscoring that the role of a regulator is to protect public safety and consumer welfare, and
that establishing an independent and appropriately staffed regulatory mechanism will be a
bulwark in protecting emerging freedoms;
Observing that independence is the key to effectiveness in regulating and promoting a
competitive market that benefits consumer and market participants and that independence in this
context means freedom from control or undue influence by any regulated entity or market
participant; undue partisan political interference or pressure; and influence or conflict of interest
by personal incentives such as share ownership in market participants;
Endorsing the commitment to international principles of freedom of speech and of the press as
articulated in the International Covenant of Civil and Political Rights and other documents;
Noting that the worldwide trend towards convergence of technology and transmission methods in
the communications industry requires clear and comprehensive regulation and that a single
regulator for communications will allow for swift and efficient reactions to economic and
industry conditions, a necessity in this dynamic and economically crucial sector;
Further Noting that modern and efficient telecommunications and telecommunications-related
information services infrastructures are essential to the economic growth and prosperity of Iraq
and to the social and economic well-being of its citizens and that:
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(1) The development of such infrastructures requires a predictable and sound regulatory
regime that is conducive to attracting investments to these sectors,
2) An open and transparent regulatory organization that reflects international be
ractices will attract private sector investment and promote public contidence ar
accountability,
(3) A critical necessity for achieving a modern telecommunications infrastructure is a
forward-looking regulatory authority that develops policies that encourage the
provision of new technologies and services to the public, and
(4) A major objective of national telecommunications policy is to make available to all
Iraqi citizens modern services at reasonable costs;
Further noting that in order for there to be informed public debate in Iraq it is vital to maximize
the availability, quality and professionalism of news and information and that:
(1) A vibrant broadcasting environment is essential to economic development and a
functioning civil society by providing quality public education, current affairs and
entertainment programming;
(2) It is important to facilitate maximum diversity by balancing vigorous commercial and
public sectors that provide services at the national, regional and local levels;
(3) This must be encouraged through clear policy aimed at providing diverse services
that benefit all of Iraq's citizens and that ensure conformity with generally accepted
standards;
(4) Regulation in this context should provide for the fullest exercise of freedom of
expression as defined by International Convention, must encourage pluralism and
diverse political debate and must empower rather than restrain independent and
impartial commentary; and,
Acknowledging the vital importance of the transfer of authority to Iraqi governing institutions,
I hereby promulgate the following:
Section 1
Purpose
This Order is designed to:
1) Foster plurality of and competition among Iraq's communications and media
services, thereby promoting an informed and culturally diverse citizenship that
derives maximum benefit in terms of choice, price and quality;
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2) Protect the interests of the citizens of Iraq as consumers of communications services;
3) Establish the framework for full and fair competition among all providers;
4) Encourage the evolution of electronic media and communications networks to the
greater benefit of all who live in Iraq;
5) Ensure that Iraqi telecommunications, broadcast and information services are
operated in a manner consistent with public safety;
6) Promote and defend freedom of the media and assist the media community in Iraq to
develop, strengthen and maintain professional working practices that support the
media's role as a public watchdog; and
7) Establish an open and transparent regulatory organization that reflects international
best practices and will attract private sector investment and promote public
confidence and accountability
Section 2
Definitions
1)
"Broadcasting" means any point-to-multipoint transmission or emission of signals, text,
images, audio or video content, or data by wire, optical fiber, radio, or any other
electromagnetic means, intended for general reception by all or a portion of the public,
provided, that the definition of Broadcasting is not intended to include Information
Services or Telecommunications.
2)
"Code(s) of Ethics" means one or more sets of ethical standards governing journalistic
behavior and press responsibility.
"Code(s) of Practice" means one or more legally binding sets of regulations, rules or
standards governing the actions of entities licensed to provide communications services
regulated by the Commission.
4)
"Communications" includes telecommunications, broadcasting (including cable
television), and information services delivered via telecommunications and broadcasting
facilities.
"Information Services" means the offering of a capability to generate, acquire, store,
5)
transform, process, retrieve, utilize or make available information, including voice, data
and audio or video content, via telecommunications, including the provision of access to
the Internet, provided, that the definition of Information Services is not intended to
include Broadcasting or Telecommunications.
6)
"Media" means entities that provide news, information or entertainment to the general
public, or on a subscription basis, using means including printed material, film, video,
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recordings or communications services.
"Radio-frequency spectrum" means the range of electromagnetic frequencies that are
available for the provision of telecommunications, broadcasting and information
services.
8)
"Telecommunications" means the transmission by wire, optical fiber, radio, or any other
electromagnetic means, including but not limited to satellite networks as well as fixed
and mobile terrestrial networks, of information of the user's choosing, between or among
points of the user's choosing, without change in the content of information sent and
received, provided, that the definition of Telecommunications is not intended to include
Broadcasting or Information Services.
Section 3
Establishment
There is hereby established the Iraqi Communications and Media Commission ("the
1)
Commission") as an independent and non-profit-making administrative institution. The
Commission shall be solely responsible for licensing and regulating Telecommunications,
Broadcasting, Information Services and other Media in Iraq, and shall be committed to
the principles of objectivity, transparency, non-discrimination, proportionality and due
process in carrying out its duties.
The Commission shall be guided by the International Covenant on Civil and Political
2)
Rights, Article 19, regarding freedom of expression and attendant duties and
responsibilities, and by the relevant Regulations and Recommendations of the
International Telecommunication Union and shall adhere to the General Agreement on
Trade in Services (GATS).
Section 4
Organization
The Commission shall be comprised of a Board of Commissioners, one member of which shall
be appointed as Chair; a Director General; a Hearings Panel; an Appeals Board; an Inspector
General; and such advisory boards as the Board of Commissioners or the Director General deems
necessary. The Director General may establish any departments or other internal units or
subdivisions he/she deems necessary, and staff those departments in a manner that will most
efficiently fulfill the Commission's mandate. The Director General shall designate one such
department, internal unit or subdivision to act as a point of liaison with the Coalition Forces and
Iraqi military. Following consultation with the Iraqi Governing Council (IGC) and the Ministry
of Communications, the Administrator of the Coalition Provisional Authority (the
"Administrator") shall appoint the initial Chair, two Commissioners, the Director General and
the Inspector General, who shall immediately begin operating the Commission. The
Administrator shall appoint the remaining Commissioners by 30 June 2004.
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Board of Commissioners.
1)
a) The Board of Commissioners shall have nine (9) members, one of which
shall be appointed by the Board as the Chair.
b) The Board shall oversee and receive reports from the Director General,
provide strategic and budgetary guidance to the Commission, adopt codes of
practice, rules and regulations for broadcasting and telecommunications,
finally approve the Commission's budget and define rules of procedure for its
operations and those of the Hearings Panel.
c) The Board shall meet at least once a month and all decisions of the Board of
Commissioners shall be made by majority vote, provided that at least six (6)
of the members are present and vote. The Chair shall cast the deciding vote in
case of tie vote by the Board members on any matter before the Board
d) Commissioners shall have senior-level experience in legal affairs,
telecommunications,
management, business, regulation,
engineering,
broadcasting, or journalism and shall be individuals of impeccable character.
e) The Chair shall have an initial term of office of two (2) years, and
Commissioners shall be appointed, on an alternating basis, to initial terms of
office of two (2), three (3) or four (4) years, in order to ensure staggered
terms of office that will promote continuity of experience on the Board. The
Chair and Commissioners may be reappointed only once. Subsequent Chairs
and Commissioners shall be appointed or reappointed to four (4) year terms
of office by the Prime Minister, subject to approval by majority vote of the
body vested with national legislative authority.
t) Commissioners may not hold any executive, legislative or judicial position,
whether appointed or elected, at any level of government, nor be an
appointed, elected or voluntary official of any political party while serving on
the Board.
g) While serving with the Commission, no Commissioner shall have any
financial or business relationship with a telecommunications operator,
information services provider or media interest or, with any
broadcaster,
group or association that represents the interests of telecommunications
operators, broadcasters, information service providers or media interests.
h) Commissioners shall be paid a stipend and reimbursed for authorized
expenses from the budget of the Commission.
Director General.
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a) The Director General shall be the Commission's chief executive officer,
responsible for all functions of the Commission, including the preparation and
submission of the Commission's budget, except those functions reserved to the
Board of Commissioners under this Order. The Director General shall have a
term of four (4) years and may be re-appointed only once. The Board of
following the completion of his/her 4-year term or upon his/her earlier
dismissal for cause.
b) The Director General shall have senior-level experience in legal affairs,
regulation, engineering,
telecommunications,
management, business,
broadcasting, or journalism and shall be an individual of impeccable character.
c) The Director General may not hold any executive, legislative or judicial
position, whether appointed or elected, at any level of government, nor be an
appointed, elected or voluntary official of any political party while serving as
Director General.
d) While serving with the Commission, the Director General shall not have any
financial or business relationship with a telecommunications operator,
broadcaster, information services provider or media interest, or with any
group, organization
or association that represents the interests of
telecommunications operators, broadcasters, information services providers or
media interests.
3) Hearings Panel.
a) The Hearings Panel shall consider and determine grave and serious breaches of
codes and licenses and shall consist of five (5) members, who shall have
backgrounds in the legal profession or in relevant fields.
b) The Board of Commissioners shall appoint the members of the Hearings Panel,
in consultation with the IGC and the Administrator.
c) Unless the Director General determines otherwise, evidentiary sessions of the
Hearings Panel shall be public and its decisions shall made public.
4) Appeals Board.
a)
A three (3) person independent Appeals Board shall hear appeals of decisions
by the Commission, whether rendered by the Director General or by the
Hearings Panel.
b) The Appeals Board shall consist of a Judge, an attorney with communications
regulatory experience and a member with professional or business experience
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in the legal profession or the relevant fields. The Appeals Board shall elect
one of its members as Chair.
c)
Members of the initial Appeals Board shall be appointed by the
Administrator in consultation with the IGC; two (2) for a period of four (4)
years and the third for a period of two (2) years. Subsequent appointments to
the Appeals Board shall be made by the Minister of Justice or the head of its
successor body. Members of the Appeals Board may be reappointed only
once.
d) Unless determined otherwise by the Chair of the Appeals Board, evidentiary
sessions of the Appeals Board shall be public. All decisions by the Appeals
Board shall be made public.
e) To ensure independence from the Commission, members of the Appeals
Board shall be remunerated by the Ministry of Justice or its successor body.
5)
Inspector General. There is hereby established within the Commission an Office
of Inspector General, which shall be appointed and operate in accordance with CPA
Order No. 57, Inspectors General.
Section 5
Functions
1)
The Commission shall manage communications and media licensing processes in Iraq,
and shall ensure that the radio frequency spectrum is used in a manner that recognizes the
value and scarcity of this resource.
The Commission shall
establish a regulatory regime for telecommunications,
2)
broadcasting and information services, by:
a) Promulgating a comprehensive statement of Iraqi communications policy as its
first order of business, in consultation with internationally recognized experts in
the fields of telecommunications, broadcasting and information services;
b) Drafting and promulgating rules and regulations that are necessary and
appropriate for the competitive provision of telecommunications, broadcasting
and information services in Iraq;
c) Commencing work on a comprehensive draft law for the regulation of
communications in Iraq, within thirty 30 days following commencement of
Commission operations;
d) Establishing a regime to license telecommunications network operators,
broadcasters and providers of telecommunications, broadcasting and information
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services, in consultation with the industry;
e) Establishing license conditions required to ensure compliance with the rules,
regulations and mandates established by the Commission pursuant to this order,
and monitoring licensees' compliance with said licensing conditions;
f) Establishing procedures and requirements for the registration of those enterprises
that provide information services as deemed necessary by the Commission;
g) Creating effective and mandatory Codes of Practice governing the actions of
licensed entities, with the participation of the industry. At a minimum, the
Commission shall draft and implement standards and rules for the following:
Interconnection rates, terms and conditions;
(1)
(2)
Competitive provision of telecommunications, broadcasting and
information services, including the tariffing of telecommunications
services not subject to effective competition;
Access to inputs required for deployment of networks and services,
(3)
including rights of way and pole attachments;
Access to numbering resources;
(4)
(5) Quality of service offered by licensed entities;
Fraud and misleading business practices;
(6)
(7) Broadcasting responsibility;
(8) Advertising and sponsorship;
(9) Media activities during election periods;
Protection of copyrights;
(10)
(11)
Negotiation of network termination charges among carriers, and
international
settlement rates, pursuant to recommendations of the
International Telecommunications Union (ITU); administration of such
charges and rates through Network Operations and Billing Support
Systems (OSS/BSS);
International charging agreements for telecommunications services; and
(12)
Development and promotion of policies for Universal Access to basic
(13)
telephone services as deemed necessary by the Commission.
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h) Encouraging freedom of expression and professionalism of the press by working
with the Iraqi press community to develop a Code of Ethics for the press and, in
consultation with the industry and relevant professional journalists' associations,
developing a system to implement the Code through self-regulation. The written
press shall not require a license to operate within Iraq;
i) Planning, managing, allocating and assigning radio-frequency spectrum, subject
to the needs of the military, and publishing a radio-frequency usage plan for Iraq;
j) Establishing and maintaining a license fee system for both broadcasting and
telecommunications;
k) Requiring the disclosure and provision of such information as is necessary for the
due performance of its regulatory obligations;
1) Administering the requirements of all related Orders issued by the Administrator
and following the transfer of governance authority to the transitional Iraqi
administration, implementing the stated communications policy thereof; and
m) Coordinating with each of the CPA (or the U.S. Embassy, Baghdad, following
the transfer of full governance authority to the Iraqi Interim Government), the
Iraqi Ministry of Communications, Ministry of Defence and the Commander of
Coalition Forces (or Commander, Multinational Force, following the transfer of
full governance authority to the Iraqi Interim Government) regarding any actions
that may affect their use of telecommunications, broadcasting and information
services or networks and radio-frequency spectrum, to ensure that no such actions
interfere with military requirements necessary in the interest of national security.
Section 6
Dismissal Authority
the transfer of full governance authority to the Iraqi Interim Government until the
formation of an Iraqi government pursuant to a permanent constitution, the body vested with
national legislative authority may terminate the appointment of the Director General or a
member of the Board of Commissioners only upon two-thirds vote. Until such transfer off full
governance authority, the Administrator shall have sole authority to terminate the appointment of
the Director General or a member of the Board of Commissioners. Such terminations by the
Administrator or the body vested with national legislative authority may occur for only the
following reasons:
1) Incapacity caused by illness;
2) Conviction of a crime punishable by imprisonment;
3) Conflict of interest, as defined in the Commission's Code of Ethics, including when a
member of the household of the person to be removed is an owner, shareholder, or
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member of the board, supervisory board or other relevant governing body, or director,
president or other manager of any licensee or associate undertaking of any licensee and
such conflict of interest is not remedied in accordance with the Commission's Code of
Ethics;
4) Failure to perform duties pursuant to relevant legislation, internal Commission rules or
Contracts of Employment, including, in the case of members of the Board of
Commissioners, failure to participate in three (3) or more successive meetings; or
5) Violation of the Commission's Code of Ethics or other applicable law.
Section 7
Conflicts of Interest
Neither the Director General, nor any member of the Board of Commissioners, the Hearings
Panel or the Appeals Board may work on any matter that will affect (i) his or her personal
financial interests, (ii) the financial interests of his or her spouse or minor child, (iii) the financial
interests of his or her business partner, (iv) the financial interest of any organization in which he
or she serves as an officer, director, general partner, employee, or trustee or (v) the financial
interest of any entity with whom he or she has an arrangement for employment or is negotiating
wit whom he or she has an.
for employment. In such situations, he or she may either divest the interest causing the conflict
or recuse him or herself from any involvement in the matter. The Director General shall apply
this section to the Commission staff, as appropriate.
Section 8
Adverse Actions
The Board of Commissioners shall develop criteria for determining whether the terms of
a media license or other rule or regulation of the Commission have been violated. Such
criteria shall provide that either the Director General or Hearings Panel may determine
whether a violation occurred, and that the Hearings Panel shall address more serious
allegations.
In cases under the jurisdiction of the Director General, the Director General shall review
2)
the facts of the case and if necessary, request additional information from the broadcaster,
telecommunications operator or information services provider affected. The Director
General shall base his or her decision on this evidence, and shall include in the analysis,
whether or not a breach or violation exists and, where appropriate, the level of damage
accrued, the seriousness of the offense, and whether mitigating or aggravating
circumstances are present.
3)
In such other cases or in cases of persistent or repetitious violation, the Hearings Panel
shall determine whether a violation occurred, in the following manner:
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a) The Director General shall present the complaint to the Hearings Panel. The
broadcaster, telecommunications operator or information services provider
affected shall have a full and adequate opportunity to reply;
b) Upon the evidence and arguments presented, the Hearings Panel shall adjudicate
and issue a decision that shall be forwarded to the Director General for
implementation. The Hearings Panel's decision must be presented in writing and
must conclude whether or not a breach or violation exists; assess, where
appropriate, the level of damage accrued and the seriousness of the offense; and
address whether mitigating or aggravating circumstances are present.
If the Director General has reason to believe that an operation poses an imminent threat
to the public safety or order, he or she may immediately suspend operations thereof,
pending an accelerated review by the Hearings Panel.
Decisions of the Commission, whether rendered by the Director General or the Hearings
Panel, may be appealed to the Appeals Board. The appellant shall have thirty (30) days
within which to appeal a decision of the Commission, whether rendered by the Director
submission of written testimony. The Appeals Board must then render its decision on the
Appeal within thirty (30) days after the initial Appeal hearing or submission of
testimony.
6)
Decisions of the Director General and of the Hearings Panel remain binding and in force,
pending the resolution of any appeal by the Appeals Board. The Appeals Board, upon
hearing timely arguments from the parties, may uphold, overturn or remand decisions or
orders before it to the Director General or the Hearings Panel. Once upheld by the
Appeals Board, decisions are final.
All decisions, whether made by the Director General, Hearings Panel, or Appeals Board
shall be in writing and shall be made available to the public.
8)
Any person aggrieved by a rule, regulation, Code of Practice or decision adopted by the
Commission may appeal that rule, regulation, Code of Practice or decision to the Appeals
Board in accordance with the provisions of this Section.
Section 9
Enforcement
Except as otherwise specifically provided in this order, the Commission may secure
compliance with license terms and conditions, Codes of Practice, and other rules and
regulations, by applying and enforcing appropriate and proportionate sanctions including:
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a) Issuing warnings;
b) Requiring publication of an apology;
c) Requiring mitigation or repair of harm to consumers;
d) Imposing financial penalties and placing liens on relevant bank accounts, if the
penalties are not paid on time;
e) Suspending licenses;
f) Seizing equipment for which access into the licensee's premises is granted
hereby;
g) Suspending operations;
h) Closing operations; and
i) Terminating or withdrawing licenses.
2)
The Commission may enlist the support and assistance of Iraq law enforcement
authorities, which authorities shall assist in a timely, professional and responsible
In addition, the Commission may, consistent with military operational
requirements, request the support of Coalition Forces in enforcement efforts, if Iraqi
police support is unavailable.
Section 10
Public Accountability
1)
The Commission shall produce and publish an annual report of its activities and
expenditures, and shall provide to the legislature an annual financial audit prepared in
accordance with international accounting standards.
2)
The Chair, the Board of Commissioners and/or the Director General shall appear before
appropriate legislative or executive committees upon request, to defend or explain the
Commission's activities and reports, and shall otherwise cooperate fully with legislative
and executive entities in explaining Commission activities.
3)
The Chair, Board of Commissioners, Director General, Hearings Panel and Appeals
Board shall make available to the public, in full written form, all Commission decisions,
rules, guidelines and codes, in an appropriate and timely manner.
The Commission shall adopt a public consultation process through which the views of
government, the regulated industries, citizens and citizen organizations can be solicited
with respect to proposed rules, guidelines, codes and policies.
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All decisions of the Board of Commissioners shall be made public.
6)
The Commission shall develop and adopt a Code of Ethics governing the Commission
and its staff. Violations of this Code shall constitute grounds for appropriate disciplinary
action.
Section 11
Funding and Compensation
The Commission shall be funded from the following sources:
a) Recurring and non-recurring fees collected from licensees;
b) Grants or donations received by the Commission from any source, insofar as they
are in conformity with applicable law; and
c) Funds appropriated by the U.S. Congress for the relief and reconstruction of Iraq.
2)
The Director General shall prepare the Commission's annual budget, which shall be
submitted to the Board of Commissioners for final approval.
3)
Funds received by the Commission shall be used in accordance with the Commission's
budget as directed by the Board of Commissioners.
4)
Fines collected by the Commission in the performance of its right to apply enforcement
measures shall be remitted to the Iraqi treasury.
The Commission's budget and use of funds shall be subject to review by both an
5)
independent domestic audit institution and an international audit institution annually.
All mobile cellular licenses issued on or after 22 December 2003 and the operations of
the licensees shall be regulated and enforced by the Commission, and the Commission
shall collect all license fees associated with the issuance of such licenses. License fees
already collected by the Ministry of Communications shall be transferred to the
Commission.
7)
Notwithstanding CPA Order No. 30, Reform of Salaries and Employment Conditions of
2003, employees of the Commission shall be
State Employees, & September
governated it ories othered by the diment, the Fineliming the transfer of full
Section 12
Effect on Previous Orders
CPA/ORD/20 March 2004/65
13

1)
Within thirty (30) days following establishment of the Commission, the licensing
responsibilities set forth in CPA Order Number 11, Licensing Telecommunications
Services and Equipment, shall be transferred from the Ministry of Communications to
the Commission. CPA Order Number 11 shall be rescinded thirty (30) days following
the effective date of this Order, or upon the Administrator's determination that the
licensing responsibilities have been effectively transferred in full, whichever is earlier.
CPA Order Number 14 regarding Prohibited Media Activity, shall remain in force until
the Commission promulgates rules and regulations applicable thereto and the
Administrator rescinds that Order, or until the transitional Iraqi administration enacts
superseding legislation.
Section 13
Entry into Force
This Order shall enter into force on the date of signature and shall continue in effect until such
time as the transitional Iraqi administration enacts superseding legislation.
L. Paul Bremer III
Administrator
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