Israel
Answer ... (a) Telecommunications
According to the Telecoms Law, regulation is based on two frameworks, as follows.
Registration in the General Authorisations Registry: Registration applies to three types of services, to the extent that these are provided to the general public or part thereof (rather than to a specific entity) through a telecommunications network for the service provider’s business-commercial purposes:
- telephony services, including voice-only services if the origination or receipt of the calls involves numbering resources according to the national numbering plan;
- internet access services – internet service providers (ISPs), internet infrastructure services or both, if they are provided for consideration; and
- data transmission services.
Other services that may also fall within the scope of the registration requirement are services that will be included in the First Schedule to the Telecoms Law, as determined by the minister of communications and approved by the Israeli Parliament’s Economics Committee.
Licensing: A licence for specific telecommunications services as set forth in the Telecoms Law is required for four telecommunications services and one telecommunications operation, as follows:
- telecommunications services provided through a cellular system (cellular services);
- telecommunications services provided at a large scale through a telecommunications network;
- telecommunications services provided through an Israeli satellite communications network;
- any telecommunications service provided by a local authority; and
- telecommunications operations in a ground telecommunication facility that connects between a point in Israel and a point outside Israel.
(b) Internet
There are no current regulations in this area (apart from in relation to ISPs, as mentioned in question 3.1(a)).
(c) Media
Licences are required for cable, satellite and commercial broadcasting. There are also special licences for specific areas of operation or specific sectors.
(d) Social media
There are no current regulations in this area.
Israel
Answer ... Authorisations and licences usually contain provisions that define:
- the scope of the services provided;
- the required service level;
- consumer protection clauses; and
- general provisions regarding the licence/authorisation itself (eg, limitation on transfers and the creation of pledges).
Israel
Answer ... Telecoms Law: In order to register in the General Authorisations Registry maintained by the Ministry of Communications, the registrant must be an Israeli company or registered as a foreign company. The registration application requires the submission of a request to register, including:
- an engineering plan for the services to be provided; and
- additional information on various stakeholders in the company.
In order to apply for a licence, the applicant must be an Israeli company or registered as a foreign company. The application requires the provision of additional information regarding the nature of the services, an engineering plan and so on.
Media regime: There are several basic conditions that an applicant must satisfy in order to apply for a broadcasting licence:
- The applicant, or an officer of the applicant, cannot hold additional broadcasting licences in other media tools and channels, including newspapers;
-
The applicant must meet the following citizenship requirements:
-
- It should be based in Israel;
- Its general manager should be an Israeli citizen or resident;
- At least half of its board members should be Israeli citizens or residents; and
- At least 26% of the means of control of the applicant should be held by Israeli citizens or residents; and
-
Additional requirements must be met concerning:
-
- the applicant’s financial strength and professional experience; and
- the technological and technical operations proposed.
Israel
Answer ... Telecoms Law: An application to provide services under the general permit is currently free of charge and is usually approved within 10 working days. It requires the submission of very basic information regarding the entity providing the services and an engineering plan for the intended services.
An application for a licence is currently similar to the process above – however, the timeline for approval is several months (no specific time limit has been set yet).
Applications are submitted online.
Under the Wireless Telegraph Ordinance (for a trade licence), technical information must be provided required in order to complete the application. The cost of such a licence is around NIS 1,600 for a period of two years.
Media regime: In the multichannel satellite sector, there are detailed requirements for licence applications. Applications should include:
- detailed information on the applicant, its owners and its affiliates or subsidiaries;
-
information on the applicant’s:
-
- financial and organisational capabilities; and
- experience and knowledge in the relevant field;
- a specification of the planned channels and services it intends to offer subscribers;
- an engineering plan;
- suggested schedules for the initiation of broadcasts; and
- other information that may vary depending on the nature of the licence sought.
The licence fees are substantial and can amount to NIS 30 million.
For other media sources, the fees and process can be subject to the discretion of the Ministry of Communications or other applicable regulators (some licences are only granted following a tender offer, which sets out specific provisions).
Israel
Answer ... The rights and obligations will usually refer to matters such as:
- the scope of the services that can be provided;
- the service level;
- the requirement to provide services on an equitable basis; and
- consumer protection.
In the media sector, there are also content-related obligations covering matters such as:
- ethics;
- commercials and advertising; and
- investment in local productions.
Israel
Answer ... In the telecoms sector, generally for a period of two years. Cellular carriers have been granted licences for a period of 20 years, which is renewed from time to time.
Media licences are usually granted for a period of 15 years.
Israel
Answer ... No. Licences cannot be transferred, assigned, pledged or foreclosed. In certain cases, the means of control can be transferred, but not the entity holding the licence.