The College of Law at the University of Baghdad discussed a dissertation entitled “The Legal Regulation of Telecommunications and Information Services – A Comparative Study”, submitted by Maryam Sabah Fadhil, in the Public Law Branch, on Sunday, August 30, 2026, in the Moot Court Hall at the College.
The Dissertation Defense Committee consisted of:
- Prof. Dr. Sanaa Mohammed Sadkhan – Chairman
- Prof. Dr. Maha Bahjat Younis – Member
- Prof. Dr. Waleed Marza Hamza – Member
- Asst. Prof. Dr. Taghreed Mohammed Qadouri – Member
- Asst. Prof. Dr. Sura Harith Abdul Kareem – Member
- Prof. Dr. Ban Salah Abdul Qadir – Member and Supervisor
The dissertation aimed to establish a legal framework consistent with the Iraqi Constitution in force since 2005, whereby the competent executive sectoral authority responsible for regulating the telecommunications and information technology sector, broadcasting and postal policies, and the licensing of their provision and use would be identified, while ensuring the security of telecommunications and information technology.
The dissertation consisted of three chapters. Chapter One addressed the conceptual framework for the administration of telecommunications and information technology. Chapter Two examined the basis of the state’s obligation to regulate telecommunications and information technology. Chapter Three discussed the methods of providing telecommunications and information technology services.
The dissertation reached several recommendations, the most important of which are:
1. Addressing the legislative gap by having the Iraqi Council of Representatives enact an Iraqi Telecommunications Law consistent with the provisions of the Constitution of the Republic of Iraq, to replace Order No. 65. The proposed law should define:
a. The definition of the radio frequency spectrum;
b. The bands of the radio frequency spectrum;
c. The types of radio frequency spectrum; and
d. The authorities responsible for regulating each type.
It also recommended enacting a law regulating the work of the Iraqi Ministry of Communications, thereby granting it exclusive authority to regulate broadcasting frequency policy in accordance with the Constitution of the Republic of Iraq in force since 2005. The enactment of these two laws would resolve the constitutional dispute concerning the authority empowered to regulate broadcasting frequency policy.
2. Dividing the spectrum and defining jurisdictions in a manner that ensures stability and effectiveness, following the example of U.S. law, by dividing the radio frequency spectrum into several categories:
a. Federal spectrum: including military spectrum, which would be entirely distributed, allocated, and managed by the Ministry of Communications.
b. Non-federal commercial spectrum: to be managed and allocated to private-sector operators by the Communications and Media Commission.
c. Shared spectrum: to be distributed through coordination between the two authorities or through a National Spectrum Coordination Committee chaired by the Ministry of Communications.
3. Ensuring that both authorities possess the necessary technical capacity to distribute and allocate the radio frequency spectrum and working to develop such capacities to achieve the desired outcomes. The Communications and Media Commission should serve as the regulatory authority responsible for service quality, consumer protection, and price monitoring, thereby ensuring transparency and preventing monopolistic practices.
