Legal Alert | Cambodia | Key Features of Cambodia’s New Law on Telecommunications

4
January
2018

Cambodia’s new law on telecommunications (Telecom Law), which came into force on 17 December 2015, is now the most comprehensive legal instrument regulating the telecommunications sector in Cambodia. The Telecom Law applies to all telecommunications operators in the country and will be implemented in accordance with the Sub-decree on Operational Permits in information and communications technology dated 21 July 2017 (Sub-decree on ITC).

The Telecom Law establishes the Telecommunication Regulator of Cambodia (TRC), and grants it extensive powers to control telecommunication information and communication service data. Any application for a permit, certificate or licence needs to be submitted to the TRC.

Telecommunications operators must obtain the relevant permit, certificate or licence from the TRC to conduct certain telecommunication operations. Operators that have previously received a licence, permit or certificate from the Ministry of Posts and Telecommunications (MPTC) prior to the enforcement of the Telecom Law must reapply for such permits, certificates or licences under the Telecom Law.

The table below sets out examples of telecommunication operations which require permits, certificates or licences pursuant to the new Telecom Law:

Activities requiring Permit Activities requiring Certificate Activities requiring Licence
  • Importation, exportation, supply and distribution of telecommunication equipment
  • Internet service businesses
  • Sale or repair of telecommunications equipment
  • Publication of telecommunication directories
  • Acting as certified qualified agent for importation of telecommunications equipment
  • Certifying specific types of telecommunications equipment
  • Construction or providing services for utilisation of infrastructure and network supporting telecommunication infrastructure
  • Providing telecommunication services (e.g. mobile network operators and internet service providers)

The Sub-decree on ITC also requires the following businesses to be licenced:

  • hardware assembly a factories;
  • data centres; and
  • Information and Communications Technology Centres and any other businesses as defined by the MPTC.

With the adoption of this new framework, companies and businesses operating, and those intending to operate, in this sector will have to comply with the licensing requirements and come under the supervision of the TRC.

If you have any questions or require any additional information, please contact Nith Niteyana, Sin Soromnear, or the ZICO Law partner you usually deal with.


This alert is for general information only and is not a substitute for legal advice.