This study critically examines and compares the rights and obligations of the licensor which is the Ministry of Transportation and Communications (MOTAC) under fiber optic network license contracts in the Kurdistan Region of Iraq (KRI), comparing them with regulatory frameworks in the UK, Qatar, and Iraq. Through comparative analysis, it evaluates MOTAC’s dual role as licensor and sector national regulator, focusing on financial entitlements, application of Communications Instructions, support to licensees, and promotion of competition. The study identifies a significant gap due to the absence of a law to regulate the communications sector in the Region, hindering the sector’s development and disadvantaging MOTAC’s regulatory framework compared to international standards. Notably, MOTAC’s practices do not effectively promote competition, contrasting with best practices observed in the UK and Qatar. The study, therefore, recommends urgent enactment of a communications law by the KRI legislator and suggests amendments to MOTAC’s regulations to foster a modern and a more competitive telecom market in the region, providing specific recommendations for enhancing MOTAC’s regulatory framework accordingly. For this end, it is recommended that MOTAC can benefit from the practice of Qatar’s CRA.
Shukri et al. (2024) studied this question.