The legal improvement of the computering process of the Cuban society has been extended since August 17th with the publishing in the 92nd edition of the Official Gazette of the Republic, of new legal instruments: a Decree- Law, two decrees and three Resolutions, the later issued by the Ministry of Communications (MICOM).

What was approved today, according to a press conference, is connected to the line of work of the Article 16 of the Constitution of the Republic, which ratifies the State’s commitment in the construction of a society knowledgeable in information and communication tools, centered on the individual and oriented to sustainable development.

The new legal instruments are:

Decree- Law No. 35 on Telecommunications, Information and Communications Technology and Use of radio electric spectrum, dated on April 13th, 2021. This is the highest-ranking regulation published in the country to date for this sectors. A greater hierarchy and importance is assigned to this legal instrument due to its intersectoriality   in the society processes, which allows a greater coherence and organization of the existing regulatory framework. Its main objective is to establish the legal framework for Telecommunications, Information and Communications Technologies, and the use of the radio electric spectrum, which implements the sector’s policy and orders and guarantees  the use of the radio electric spectrum, the networks planning, installation, operation, exploitation, maintenance and commercialization and the adequate providing of these services to natural and legal persons, including their safety, as well as the human capital and scientific, technologic, research, development and innovation activities in this sector.

It also defines the Universal Telecommunications Service’s concept that includes fixed and mobile land and cellular telephone service, internet access, radio and television broadcasting, public telephone booth and station’s access, emergency and distress call services access, the application of preferential conditions for people with special needs.

Among the novelties, it is approved to extend to natural and legal persons the access to Cable Television Signal Broadcasting Services (CATV) and to maximize the profitability of the installed networks.

This does not mean, explained Wilfredo López Rodríguez, Direction of Regulations of MICOM, that this service could be immediately marketed, but work will be done to enable through available infrastructure the progressive expansion of television service offers, including those made by subscription of authorized entities, which must comply with the provisions for broadcasting of television programs.

Likewise, the incorporation of new alternative telecommunications services to the traditional voice service is also established, guaranteeing greater offers to the population.

Decree No. 42. General Regulation of Telecommunication and Communication Technologies of May 24th, 2021.

It establishes duties and rights of operators and users of the Telecommunication System/ICT as well as the contraventions for non-compliances.

Decree No. 43. Regulation on the use of the Radio electric spectrum of May 24th, 2021.It implements agreements and recommendations approved within the framework set to the World Radio communication Conferences of the International Telecommunication Union of which Cuba is part of.

Resolution 108. Regulation of Interconnection, access ad essential facilities of Telecommunication networks, of August 9th, 2021 of the Ministry of Communications.

Resolution 107. Regulations for the use of Satellite Radio communication Services, dated on August 9th, 2021, by the MICOM.

Resolution 105. National Action Model for the response to Cyber-security incidents, of August 9th, 2021.

These norms, by Wilfredo López Rodríguez, Director of Regulations for MICOM, restate the objectives of fulfilling’s economic, political and social development of the country through the development and modernization of the telecommunications infrastructure.

They also promote and facilitate the use of telecommunications/ITC and the radio electric spectrum to improve the population’s living conditions.

They also seek to facilitate attention to people with special needs through Telecommunications/ITC Services, it also established which services are included in the Universal Telecommunications Service and define duties for public telecommunications operators and providers towards users.

Strengthening Cyber-security

A separate point deserves Resolution 105: Action Model for the response to Cyber-security incidents. This norm implements provisions of the Decree 360/2019, has a preventive nature and reaches the entire society, both natural and legal.

Pablo Domínguez Velázquez, Director of Cyber-security of MICOM, commented that Resolution 105 implements a working system between the specialized entities in ITC cyber-security for the fulfillment of their functions in the safe information exchange related to vulnerabilities and incidents in this field. The legal body enables, based on duties and rights, the protection without difference of citizens, civil society and state and private institutions of all kind.

For the first time in Cuba in a norm, cyber-security incidents are associated to typifications that go beyond the limits of technology, said Domínguez Vázquez.

In the same way, it transcend to other aspects of the development of the society and its citizens ‘life. For example, it includes a category of ethical and social damage for defining associated incidents with fake news dissemination, concepts that violate constitutional precepts or cyber-terrorism, among others.

In Vázquez‘s opinion it is important for the population to study these new rules so that they understand their duties and rights.

The new Regulation included in Resolution 105 establishes the National Action Model for the response to Cyber-security incidents at a national level, thus guaranteeing an effective response for their protection.

It also establishes a common public terminology, considering international practices, the Cuban cultural roots and the need to cover the diversity of manifestations that may take place in cyberspace. Cyber-security incidents are now rated into hazard levels (low, medium, high, extremely high) and security levels (basic, medium, high, maximum).

Juridical people have the obligation of implementing this rules and to proceed to the use of a new template attached to it in order to report a cyber-security incident. As a nouvelle fact, natural people could also make use of the mentioned template for formulating a compliment before a cyber-security incident.

Pablo Domínguez Vázquez deepen in the matter by notifying that when the report comes from a natural person, he/she is not compelled to apply the established classification, although it brings them leverage to know categories and subcategories registered which helps identify the crime and threats.

In the case of juridical persons, they have the responsibility of notifying the incident by using the terminology whether it can be rectified or not by the Oficina de Seguridad de Redes Informáticas(OSRI).

Three different ways can be used to report and cyber-security incident: www.osri.gob.cu using the link incidents; reportes@osri.gob.cu email and by 18810 telephone number.

Road traveled

Wilfredo López Rodríguez, Director of Regulations of MICOM, commented that the regulations published this last Tuesday, August 17th are not an isolated fact but are part of the regulatory framework of the Ministry.  MICOM has the call of regulate, control and care for informatics, telecommunication services and the use of radio electric spectrum, as for postcard services.

In the Informatics Sciences field, we count on a Decree-Law 370, two decrees: 359(Software Industries) and 360(Security of Information and Communication Technologies). An agreement related to the wide band in the Consejo de Ministros (Ministries Board) is settled. Those regulations are supported by 39 resolutions grasping topics as ITC’S security, numeration and internet resources, services providers, programming industry and software among others.

Zip Code services, on their own, are protected by a Decree-Law 30, approved this year and the Decree 36 and 15 resolutions that deal with procedures established for the sustainment fond operations, zip code and crossed –sectoring, postcard emitting, non-distributed delivery, weight and dimension, non-basic zip code operators, complains done because of malfunction in the services, minimal compensation cost and zip code services security.

In the Telecommunications area and in the radio electric spectrum use, as well it is linked to the computerization process of the society in general, until now it didn’t exist a higher regulatory norm as Decree-Law 35 for the Telecommunication Services /ITC and the radio electric spectrum use.

With the publishing of this regulations this August 17th, Telecommunications Sector /TIC and the use of radio electric spectrum are included in our legal body, supported by two Decree-law, five decrees, 6 arrangements and 98 resolutions.

Source: Juventud Rebelde