Miscellaneous Provisions Act On Electronic Communications (1)

Original Language Title: Loi portant des dispositions diverses en matière de communications électroniques (1)

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Posted the: 2012-07-25 Numac: 2012011280 SERVICE PUBLIC FÉDÉRAL ÉCONOMIE, P.M.E., CLASSES average and energy 10 July 2012. -Miscellaneous Provisions Act on electronic communications (1) ALBERT II, King of the Belgians, to all, present and to come, hi.
The Chambers have adopted and we endorse the following: Chapter 1. -Article 1 object. This Act regulates a matter referred to in article 78 of the Constitution.
This Act is the transposition into Belgian law of: 1 ° the Directive 2009/136/EC of the European Parliament and of the Council of 25 November 2009 amending Directive 2002/22/EC on universal service and the rights of users of electronic communications services and networks, Directive 2002/58/EC concerning the processing of personal data and the protection of privacy in the electronic communications sector and Regulation (EC) No 2006/2004 on cooperation between national authorities responsible for the enforcement of legislation on consumer protection (Official Gazette December 18, 2009, L 337/11);
2 ° the Directive 2009/140/EC of the European Parliament and of the Council of 25 November 2009 amending Directives 2002/21/EC on a common regulatory framework for networks and services of electronic communications, 2002/19/EC on access to the networks of electronic communications and associated resources, as well as their interconnection, and 2002/20/EC relating to the authorisation of networks and services of electronic communications (Official Journal December 18, 2009 (, L 337/37).
CHAPTER 2. -Amendments to the Act of 17 January 2003 relating to the status of the regulator of the sectors of posts and the Belgian telecommunications s. 2 Act of 17 January 2003 on the status of the regulator of the sectors of posts and telecommunications Belgian, it is inserted in an article 1/1 as follows: «art.» 1/1. Chapters III and V partially transpose Directive 2009/136/EC of the European Parliament and of the Council of 25 November 2009 amending Directive 2002/22/EC on universal service and the rights of users with regard to networks and electronic communications services, Directive 2002/58/EC concerning the processing of personal data and the protection of privacy in the electronic communications sector and Regulation (EC) No 2006/2004 on cooperation between national authorities responsible for the implementation of legislation on the protection of consumers and Directive 2009/140/EC of the European Parliament and of the Council of 25 November 2009 amending Directives 2002/21/EC on a common regulatory framework for networks and electronic communications services, 2002/19/EC on access to electronic communications networks and associated facilities as well as their interconnection, and 2002/20/EC on the authorisation of networks and electronic communications services. ».
S.
3. in article 14 of the same Act, replaced by the law of 20 July 2005 and amended by laws of March 16, 2007, may 18, 2009, December 13, 2010 and may 31, 2011, the following changes are made: 1 ° in the 1st paragraph, 1 ° is supplemented by the words "or the House of representatives."
2 ° in paragraph 2, the following changes are made: a) 1 shall be supplemented by the words «;» be organized such public consultations so that it takes account of the views of end-users, consumers (including disabled consumers), manufacturers and undertakings that provide services of electronic communications on any question relating to all the rights of end-users and consumers regarding publicly available electronic communications services and/or networks especially when they have a significant impact on the market; These consultations ensure that, when the Institute decides on questions relating to the rights of end-users and consumers regarding publicly available electronic communications services, electronic communications consumer interests are duly taken into account';
b) 3 ° a) is supplemented by the words ', ENISA, the Agency and BEREC.
(c) in 3 °, a g is inserted) as follows: «(g) utilities that have jurisdiction over public safety, or security and civil protection, civil defence or crisis planning, safety or protection of the economic and scientific potential;»;
3 ° paragraph 3 is supplemented by the words ', insofar as this communication is necessary for the fulfilment of the tasks of those authorities.
S. 4. in article 15 of the Act, the following amendments are made: 1 ° in paragraph 1, the words "in which the King shall determine the list by Decree deliberated in the Council of Ministers' shall be replaced by the words"with the exception of decisions on ex-ante market regulation and disputes between operators. "
2 ° in paragraph 2, the words 'The King fixed the terms of the procedures described in this article' shall be replaced by the words "the King may provide other exceptions";
3 ° paragraph 3 is repealed.
S. 5. in article 16, paragraph 1, of the Act, there shall be inserted a sentence between the first sentence ending with the words 'skills the Institute.' and the second sentence which begins with the words "It is," reads as follows: "It exercises its powers impartially, transparent and timely.".
S. 6. in article 17 of the same Act, amended by the acts of May 18, 2009, 30 December 2009 and 31 May 2011, the following changes are made: 1 ° in paragraph 2 paragraph 3 is replaced by the following: "members of the Council are appointed as member or Chairman for a term of six years. This term may be renewed for a period of six years provided that three consecutive terms only are not exercised, regardless of their nature. »;
2 ° paragraph 5 is supplemented by a paragraph worded as follows: "the order of revocation is published in the Moniteur belge.".
S.
7. in article 20 of the Act, as amended by the Act of May 18, 2009, the following changes are made: 1 ° in paragraph 1, the following changes are made: a) at the beginning of the first sentence, 'In an emergency, when it lorsqu' il existe are serious injury and difficult to repair, the Board immediately adopted' shall be replaced by the words "in case of breach of articles 9. 11, 18, 51, 55, 56 or 64 Act of 13 June 2005 on electronic communications or their implementing measures resulting in an immediate threat to public order, public security or public health or likely to cause serious economic or operational problems for other providers or users of electronic communications services or networks ', or other users of the radio spectrum, the Council may adopt ';
(b) in the Dutch text, at the end of the first sentence, the word "aannemen" is inserted between 'voorlopige maatregelen' words and the words "bepaalt."
(c) at the end of the first sentence, the words "two months" are replaced by the words "three months, extendable for a further period of up to three months if the implementation of enforcement proceedings is not complete."
(d) there shall be inserted a sentence between the first sentence which ends by the words 'exceed three months.' and the second sentence beginning with the words "total time", worded as follows: "it may take these measures even if they have an impact on the contractual relationships of the parties concerned.»»
»;
(e) the second old sentence, becoming the third sentence, shall be repealed;
(f) subsection is supplemented by two paragraphs worded as follows: "within three business days, the person concerned may ask to be heard to expose his point of view and propose solutions.
If necessary, the Council may then rise, adapt or confirm the interim measures. »;
2 ° in the Dutch text, in paragraph 2, at the end of the first sentence, the word "President" is replaced by the word "voorzitter.
S. 8. in article 21 of the same Act, replaced by the Act of May 18, 2009, and amended by the law of December 13, 2010, the following changes are made: 1 ° 1st paragraph is replaced by the following: "§ 1.» If the Council has a body of evidence that could indicate an offence under legislation or regulation including the Institute monitors compliance the decisions taken by the Institute pursuant to this legislation or regulations, it expressed its objections to the person concerned as well as the measures referred to in paragraph 5, which will be applied in case of confirmation of the offence. »;
2 ° in paragraph 2, the words "the offender" are replaced by "the person concerned";
3 ° in paragraph 3, "The offender" shall be replaced by the words "the person concerned".
4 ° in paragraph 4, the words "the offender" are replaced by the words "the person concerned".
5 ° paragraphs 5 and 6 are replaced by the following and supplemented by a paragraph 7: "§ § 5 5.» If the Commission finds an infringement, he ordered to address them, either immediately or within such reasonable time as he may specify.
The agenda to address them may be accompanied by one or more of the following measures: 1 ° of the requirements

relating to the manner in which to remedy the breach;
2 ° payment within the time limit set by the Council of an administrative fine for the benefit of the Treasury an amount of 5% of the turnover of the offender during the full year of the newest in the sector of electronic communications and postal services in Belgium or if the offender fails to develop activities making it achieve a turnover , to a maximum of 5,000 euros.
3 ° the order to cease or suspend the provision of a service or set of services which, if it continued, would impede competition significantly, to respect, under the terms laid down by the Council, of the obligations imposed on access as a result of a market analysis carried out in accordance with the Act of 13 June 2005 on electronic communications.
In the absence of data concerning the turnover referred to in article 2, 2 °, the Institute may determine a turnover on the basis of data obtained from third parties or on the basis of the turnover of a comparable person.
§ 6. If the measures taken pursuant to paragraph 5 did not remedy the infringement, the Council may, after following the procedure laid down in paragraphs 1 to 5, impose an administrative fine of which the amount or the maximum percentage is double the amount or the percentage referred to in paragraph 5, paragraph 2 (2).
§
7. If the measures taken pursuant to paragraph 5 did not remedy the infringement and if it is serious or repeated infringements, the Commission may also: 1 ° suspend or revoke usage rights assigned, the conditions have not been met or 2 ° order the suspension of all or part of the operation of the network or the provision of the service in question as well as the marketing or the use of any service or product concerned. »;
6 ° article is supplemented by paragraph 8 as follows: ' ' § § 8 8 Any decision taken pursuant to this article shall be notified without delay to the party concerned by letter recommended as well as the Minister and published on the website of the Institute.
The decision makes mention of the reasonable period of time in which the person concerned must comply with the measure or measures imposed. ».
S.
9. article 21/1 of the Act, inserted by the Act of May 18, 2009, is repealed.
S. 10. in article 23, paragraph 3 of the same Act supplemented by the Act of May 18, 2009, the following changes are made: 1 ° 1st paragraph is supplemented by the words "relative to the advertising administration."
2 ° a paragraph worded as follows is inserted between paragraphs 1 and 2: 'When a company sends a document containing data which it considers confidential, it transmits simultaneously a non-confidential version of this document at the Institute.'.
S. 11. in article 34 of the same Act, replaced by the law of May 31, 2011, the following changes are made: 1 ° 1st paragraph is replaced by the following: "the Minister in charge of electronic communications regulations and the Minister in charge of the regulation of postal services may, each for what concerns, communicate to the Council their priority objectives policy for these sectors."
2 ° a paragraph worded as follows is inserted between paragraphs 1 and 2: "the Commission establishes, in the twelve weeks after the entry, according to its members, and every three years a threeyear strategic plan. The Commission shall submit the draft strategic plan for the approval of the Council of Ministers, with the exception of aspects relating to the ex-ante market regulation and disputes between operators with the Council of Ministers takes only act. All the members of the Council present the strategic plan approved in the House of representatives.
»;
S. 12. in article 35 of the same Act, paragraph 1 is supplemented by the words "and made public by the Institute «.»
CHAPTER 3. -Amendments of Act of 13 June 2005 on electronic communications arts. 13. article 1 of Act of 13 June 2005 on electronic communications is supplemented by a paragraph worded as follows: "this Act partially transposes Directive 2009/136/EC of the European Parliament and of the Council of 25 November 2009 amending Directive 2002/22/EC on universal service and the rights of users with regard to networks and electronic communications services Directive 2002/58/EC concerning the processing of personal data and the protection of privacy in the electronic communications sector and Regulation (EC) No 2006/2004 on cooperation between national authorities responsible for the implementation of legislation on the protection of consumers and the Directive 2009/140 / EC of the European Parliament and of the Council of 25 November 2009 amending Directives 2002/21 / EC on a common regulatory framework for networks and electronic communications services, 2002/19/EC on access to networks of electronic communications and associated resources, as well as their interconnection, and 2002/20/EC on the authorisation of networks and electronic communications services. ».
S. 14. in article 2 of the same Act, amended by law of July 20, 2006, 25th April, 2007 and may 18, 2009 the following changes are made: 1 ° to 3 °, the following changes are made: a) the words "active or passive" are repealed;
b) the words ", including network elements which are not active," shall be inserted between the words "other resources" and the words «allowing»;»
"' c) the words" including satellite networks, fixed terrestrial networks (with switching circuits or packages, including the Internet) and mobile systems using the mains» are inserted between the words 'electromagnetic means' and the words ', insofar as they ";
2 ° to 7 °, the words "or by electronic communications service" shall be inserted between the words 'electronic communications network' and the words 'indicating the geographical position. "
3 ° to 10 °, the following changes are made: has) the words "make the" are repealed;
b) the words "the provision of" are inserted between the words "mainly for" and the words "electronic communications services".
(c) the sentence is supplemented by the words "the transmission of information between network termination points";
4 ° to 15 °, the words "holder of a number assigned by an operator for the provision of electronic communications services and" are repealed;
5 ° to 16 °, the following changes are made: a) "public electronic communications networks" shall be replaced by the words "public electronic communications network";
(b) the sentence shall be supplemented by the words "which may be attached to the number or the name of the Subscriber;
6 ° to 17 °, the following changes are made: a) 'related resources' shall be replaced by the words «physical infrastructure and other resources or elements related»
(b) the sentence shall be supplemented by the words «or have the potential, and include, among others, buildings or access to buildings, the wiring of buildings, antennae, towers and other constructions of retaining, ducts, conduits, masts, holes of visit and housings»;
7 ° there shall be inserted a 17 / 1 ° as follows: "17 / 1 °"associated services": services associated with a network of electronic communications and/or an electronic communications service, which enable and/or support the provision of services via that network and/or service or have the potential, and include the conversion of the number of appeal or systems offering equivalent functionality, and systems of conditional access as well as other services such as those relating. the identity, location and occupation (with the exception of the services and systems that are exclusively used for including television broadcasting);
»;
8 18 ° ° is replaced by the following: "18 ° 'access': the placing at the disposal of an operator, under well-defined conditions and exclusive or non-exclusive manner, resources and/or services for the provision of electronic communications services, including when they are used for the provision of services of the information society." It covers inter alia: access to networks and associated resource elements and eventually the connection of equipment by fixed or non-fixed means (this includes in particular the access to the local loop and to facilities and services necessary to provide services over the local loop); access to physical infrastructure including buildings, ducts and masts; access to relevant software systems, including assistance to the operation systems; access to information systems or databases for pre-ordering, sourcing, ordering, maintenance and repair requests and billing. access to the conversion of the call number or systems offering equivalent functionality; access to fixed and mobile networks for roaming; access to virtual network services; »;
9 ° 21 ° is repealed;
10 ° to 22 °, the following changes are made: a) the words ", directly or indirectly," shall be inserted between the words "and receive" and the words ' national calls. "
b) the word 'telephone '.

is inserted between the words "dial" and the words "; In addition';
(c) the words "in addition, it may include, where appropriate, one or more services from the following: the provision of operator assistance, telephone information and directory services, the provision of public telephones, the supply of a service to special conditions, the provision of special services for disabled persons or persons with special social needs and/or the provision of non-geographic services;" are repealed;
11 ° there shall be inserted a 22 / 1 ° as follows: "22 / 1 ° 'appeal': a connection established by means of an electronic communications service available to the public allowing two-way voice communication ';
12 °-23 °, the following changes are made: a) «to the main distribution frame» shall be replaced by the words "to a dispatcher.
(b) 'public telephone at a fixed location' shall be replaced by the words 'fixed public electronic communications ";
13 24 ° ° is replaced by the following: ' 24 ° "local sub-loop": part of a local loop that connects the point of network termination to a concentration point or a specified intermediate access electronic communications network public fixed point ';
14 ° to 25 °, the following changes are made: a) "partial local loop operator" shall be replaced by the words "local sub-loop of an operator with significant market power in a relevant market."
(b) the words "all of the available frequency spectrum" are replaced by the words "full capacity of the network infrastructure.
15 ° to 26 °, 'digital transmission (bitrate)' shall be replaced by the words "transport with the associated switching."
16 ° to 27 °, the following changes are made: a) "partial local loop operator" shall be replaced by the words "local sub-loop of an operator with significant market power in a relevant market."
(b) the words 'of non-voice frequencies of the spectrum of frequencies"are replaced by the words"of some specified capacity of the infrastructure networks such as a portion of the frequency or the equivalent. "
17 ° there shall be inserted a 29 / 1 ° as follows: ' 29 / 1 ° "sheath": envelope used to spend and protect optical, telephone or coaxial cables, and/or resources network ';
18 ° it is inserted a 33 / 1 ° as follows: ' 33 / 1 ° the "allocation of spectrum": the designation of a band of frequencies given for the purpose of its use by one or more types of radiocommunication services, where appropriate, under conditions defined ';
19 ° to 39 °, the following changes are made: has) in the text Dutch, 'doet achteruitgaan' shall be replaced by the word 'verslechtert '.
(b) the word "used" is replaced by the word "operating";
20 ° to 46 °, the word 'telephone' is inserted between the words "dial" and the words «including part»;»
21 ° to 47 °, the word 'telephone' is inserted between the words "dial" and the words «which is not a number;»»
22 ° to 48 °, the following changes are made: a) the words 'of a service available to the public"are repealed;
(b) the word 'number' is replaced by the words "national telephone number ';
(c) the words "providing the service" shall be inserted between the words "be the operator' and the words ', an area";
23 ° there shall be inserted a 48 / 1 ° as follows: ' 48 / 1 ° "Registrar of Internet domain names": an entity that maintains a register of domain names and operates a system of so that these domain names can be used to get access to Internet Protocol addresses, or other information via the Internet; "
24 ° there shall be inserted a 48 / 2 ° as follows: ' 48 / 2 ° 'universal service': a minimum set of services defined in article 68 of quality determined, available for all users regardless of their geographical location and taking into account specific national circumstances, for an affordable ';
25 ° article is supplemented by the 68 ° as follows: "68 ° 'breach of personal data': a breach of security resulting in accidentally or illicitly destruction, loss, alteration, disclosure, or the unauthorized access to personal data transmitted, stored or processed in any other way in connection with the provision of electronic communications services available to the public in the Community ';
26 ° article is supplemented by the 69 ° as follows: ' 69 ° "ENISA": European Agency for the security of networks and information established by Regulation (EC) No 460/2004 of the European Parliament and of the Council of 10 March 2004 establishing the European agency responsible for the security of networks and information;
»;
27 ° article is supplemented by the 70 ° as follows: "70 °"BEREC": body of European regulators for electronic communications, established by Regulation (EC) no 1211/2009 of the European Parliament and of the Council of 25 November 2009 establishing the body of European regulators for electronic communications (BEREC) and the Office ';
28 ° article is supplemented by the 71 ° as follows: ' 71 ° 'The Office': BEREC Office, set up by article 6 of Regulation (EC) no 1211/2009 of the European Parliament and of the Council of 25 November 2009 establishing the body of European regulators for electronic communications (BEREC) and the Office ';
29 ° article is supplemented by 72 ° as follows: ' 72 ° 'Priority user': user networks or electronic communications services which by tasks which it exercises and activities has a recognized corporate function important by the authorities and that by a lack of access to electronic communications networks and services is no longer able to perform adequately its tasks or activities. which may lead to a situation which can harm the public safety, or civil security and emergency preparedness, civil defense or the planning of crisis, the safety or the protection of the economic and scientific potential of the country; ».
«30 ° article is supplemented by a point 73 °, as follows: ' 73 ° "M2M": communication technology where data are automatically transferred between devices and applications without or with little human interaction.»
S. 15. in title I, chapter I of the Act, it is inserted an article 4/1 as follows: «art.»
4/1. § 1. Operators give priority of access, in the following order, to their networks and services to the: 1 ° services emergency;
2 ° priority users whose list is determined by the King after the opinion of the Institute.
The King fixed priority access between priority users, if necessary by group of users.
The King lays down the period within which operators must implement the measures taken under this article.

§ 2. The King determines the electronic communications services provided by operators in precedence in the event of saturation or overload their networks. To ensure this priority, the King may impose on operators the rules or measures to be executed, or both. ».
S.
16. in article 6 of the Act, the following amendments are made: 1 ° in 1 °, the words ", including persons with disabilities, the elderly and persons with special social needs," shall be inserted between the word "users" and the word "withdraw".
2 ° 3 ° is repealed.
S. 17. in article 7 of the Act, the following amendments are made: 1 3 ° ° is repealed;
«2 ° in the 4th, the words"and BEREC» are inserted between the words 'European Commission' and the words ', transparently.»
3 ° it is inserted a 5 ° as follows: "(5) by supporting the harmonisation of specific numbers or series of numbers in the community where this contributes to the proper functioning of the internal market and the development of pan-European services.".
S. 18. in article 8 of the Act, the following amendments are made: 1 ° to 5 °, the following changes are made: has) in the text Dutch the word "gehandicapte" is repealed;
(b) the sentence shall be supplemented by the words ', aged or with special social needs, including to ensure these users access to the services referred to in article 74.
2 ° to 6 °, the sentence is supplemented by the words 'and to the security of public electronic communications services;
»;
3 ° it is inserted a 7 ° as follows: '7 ° promoting the ability of end users to access information and to broadcast, so that to use applications and services of their choice.'.
S. 19. in title I, chapter II of the Act, it is inserted an article 8/1 as follows: "article 8". 1 § 1.
In the performance of the tasks entrusted to it under this Act, the Institute shall apply objective, transparent, non-discriminatory and proportionate, regulatory principles which include the following: a) promoting regulatory predictability by ensuring a consistent regulatory approach over appropriate review periods
b) ensuring that, in similar circumstances, there is no discrimination in the treatment of undertakings providing networks

and electronic communications services;
(c) preserve competition for the benefit of consumers and promote competition based on infrastructure;
(d) promoting efficient investment and innovation in new and enhanced infrastructures, including by ensuring that any access obligation duly takes account of the risk incurred by companies that invest and allowing various modalities of cooperation between investors and those seeking access, in order to diversify the risk of investment, while ensuring that competition in the market and the principle of non-discrimination are respected;
(e) take due account of the diversity of situations on competition and consumers in different geographical areas;
(f) impose obligations of ex ante regulation only when there is no effective and sustainable competition and suspend or remove them as soon as this condition is satisfied.

§ 2. In the performance of the tasks entrusted to it under this Act, the Institute reflects as possible the recommendations of the European Commission in application of article 19 of Directive 2002/21/EC of the European Parliament and of the Council of 7 March 2002 on a regulatory framework common to the networks and electronic communications services. When the Institute chooses not to follow one of these recommendations, it shall inform the European Commission in communicating the reasons for its position. ».
S. 20. in article 9, § 5, of the Act, as amended by laws 20 July 2006 and on 25 April 2007, the words "or services" are inserted between words 'resale of networks' and the words ' electronic communications '.
S.
21. in article 11 of the same Act, amended by the Act of April 25, 2007, the following changes are made: 1 ° in paragraph 1, the words ', without prejudice to the powers of the Ethics Commission for telecommunications ' are inserted between the words «in accordance with the procedures laid down by the King after the opinion of the Institute» and «the Institute is responsible. "
2 ° paragraph 7 is replaced by the following: "§ § 7 7» Operators to whom the national dial plan phone numbers have been allocated offer the ease of portability of numbers.
The King fixed, after opinion of the Institute: 1 ° the terms of number portability, including the distribution of tasks between the parties involved in the transfer that the turnaround time for the activation of the transfer of number must not exceed a working day;
This delay can be integrated into broader requirements relating to the global number portability procedure, taking into account national provisions on contracts, the technical feasibility and the need to maintain the continuity of the service provided to the subscriber who wishes to wear his number, loss of service provided to the customer during the porting process not exceeding one business day;
2 ° the obligations of operators to provide information to end-users on the portability of numbers;
3 ° the methodology for the determination of the costs for the implementation of this facility and the distribution of these costs between the parties concerned; These methods and the cost allocation rules may give rise to a tariff for subscribers for portability of numbers which would lead to distortions of competition or that would discourage the change of operator;
In addition, pricing between operators related to the provision of number portability is cost function;
4 ° the allowances due to subscribers in case of delay in the execution of the transfer.
».
S. 22. in article 12 of the Act, the number '24' is replaced by ' 24/1.
S. 23. in article 13 of the same Act, paragraph 2 is replaced by the following: "the Institute is working with the communities, the competent authorities of the other Member States and with the European Commission with regard to strategic planning, coordination and harmonisation of the use of the radio spectrum. ÷ This late, it took account of the aspects economic, safety, health, public interest, to freedom of expression, cultural, scientific, social and technical of the policies of the Union European as well as of the various interests of communities of users of radio spectrum to optimize the use of the latter and of avoiding harmful interference. The Institute aims to promote coordination of the policies with respect to the radio spectrum in the European Community and, where appropriate, the establishment of harmonised conditions on the availability and the efficient and effective use of the necessary radio spectrum to: 1 ° the establishment and the functioning of the internal market for electronic communications;
2 ° the creation of benefits to consumers, such as economies of scale and interoperability of services.
The Institute shall ensure that the allocation of spectrum is based on objective, transparent, non-discriminatory and proportionate criteria.
In the context of the management, the allocation and coordination of radio frequencies, the Institute takes into account international agreements relating thereto, including the ITU Radio Regulations. It may also take into consideration reasons of public interest. ».
S. 24. in article 18 of the Act, the following amendments are made: 1 ° in paragraph 1, the following changes are made: a) 1 °, the words ", the network" are repealed;
(b) to the 1 ° 'exclusive use of a radio frequency for the transmission of specific content or specific services' shall be replaced by the words "the requirements of coverage and quality."
(c) there shall be inserted a 9 ° as follows: '9 ° of the specific obligations for the experimental use of radio frequencies.';
2 ° paragraphs 1/1 to 1/5 shall be inserted, worded as follows: "§ 1/1." All the types of technologies used for electronic communications services may be used in the bands of radio frequencies used wholly or partly for electronic communications services available to the public.
The King, on the advice of the Institute, may, however, provide for proportionate and non-discriminatory restrictions to the types of wireless technology used for electronic communications services if this is necessary for: 1 ° avoid harmful interference;
2 ° ensuring the technical quality of service;
3 ° optimize the sharing of radio frequencies;
4 ° preserve the effectiveness of the use of the spectrum;
or 5 ° achieve a general interest objective.
§ 1/2. All types of electronic communications services may be provided in the bands of frequencies used entirely or partially for electronic communications services available to the public.
The King, on the advice of the Institute, may, however, provide for proportionate and non-discriminatory restrictions to the types of services of electronic communications to provide, including, if necessary, to meet the requirements of the ITU Radio Regulations.
The imposing measures that an electronic communications service to be provided in a specific radio frequency band are justified by the achievement of a general interest objective such as, but not exclusively: 1 ° the safeguarding of human life;
2 ° the promotion of social, regional or territorial cohesion;
3 ° the avoidance of inefficient use of radio frequencies.
A measure prohibiting the provision of any other electronic communications service in a specific band may be taken only if it is justified by the need to ensure the safety of human life or, exceptionally, to achieve other objectives of general interest such as the promotion of social, regional or territorial cohesion, or the avoidance of inefficient use of radio frequencies.
§ 1/3.
The Institute regularly review the need for the measures referred to in paragraphs 1/1 and 1/2 and makes public the results of this review.
§ 1/4.
Until May 24, 2016, holders of rights to use radio frequencies which were granted before May 25, 2011 and will remain valid for a duration of five years at least after May 25, 2011, may submit to the Institute a request for reconsideration, based on paragraphs 1/1 and 1/2, restrictions imposed by the King.
Before adopting its decision, the Institute shall notify the right holder the conclusion of its review of the restrictions and the findings on the extent of this right. The holder has a period of one month to withdraw its application.
If the holder withdraws his application, the right remains unchanged until it expires or until the date referred to in paragraph 1 at the latest, date is the closest.
After the date referred to in paragraph 1, the Institute takes all appropriate measures to ensure that all other rights of use and spectrum allocation for the purposes of the electronic communications services existing on the date of entry into force of this Act, comply with paragraphs 1/1 and 1/2.
§ 1/5.
The measures adopted pursuant to paragraph 1/4 cannot be considered a granting of new rights of use. »;
3 ° paragraph 2 is supplemented by the

words ", having regard to the objective pursued, taking due account of the need for an appropriate period for amortization of investment.
S. 25. in section 19 of the Act, the following amendments are made: 1 ° the current text will form the 1st paragraph.
2 ° in paragraph 1, the following changes are made: a) in the paragraph 1, the word "transfer" is replaced by the words "assign or rent";
(b) in paragraph 1, the second sentence beginning with the words 'The brand Institute' and ending with the words 'effective and efficient.' is replaced by the following sentence: "the Institute gave its assent to the transfer or rental provided that it complies with the requirements of the effective and efficient radio spectrum management.
»;
(c) a paragraph worded as follows is inserted between paragraphs 1 and 2: 'The Institute may however to refuse the transfer or rental when the operator originally obtained the right to use free concerned.';
(d) paragraph 2 former, becoming paragraph 3, is replaced by the following: 'Unless otherwise decided by the Institute, the sale or rental of a frequency whose use is harmonised, does in no way a change from the use of this radio frequency or the conditions for such use.';
(e) in paragraph 3 former, becoming paragraph 4, the words "or rental" are inserted between the words "surrender" and the words "rights of use";
(f) subsection is supplemented by a paragraph as follows: 'The Institute shall make public the information given pursuant to paragraph 1 and decisions taken pursuant to this paragraph.';
3 ° article is supplemented by a paragraph 2 as follows: "§ § 2 2» When of individual rights to use radio frequencies are granted for ten years and that they can be transferred or leased between operators, the Institute shall ensure that the criteria for the granting of these individual rights of use shall continue to apply and be respected for the duration of the licence, including on request of the holder of the right. When these criteria are no longer applicable, fixed King, in accordance with article 18, § 1, the right to use, subject to prior notice and after expiry of a reasonable period, or the right becomes transferable or commendable between operators, in accordance with paragraph 1. ».
S. 26. in the same Act, it is inserted an article 19/1 as follows: «art.» 19/1. The fixed Institute rules to prevent hoarding of spectrum, including establishing deadlines for the effective exploitation of rights of use by their holder. ÷ This effect, the Institute may take all appropriate measures, including the limitation, the withdrawal or the obligation for the sale of a right to use radio frequencies. ».
S. 27. in article 20, paragraph 2, of the Act, the following amendments are made: 1 ° the words 'or extend existing rights in ways other than those provided for by those rights,' shall be inserted between the words "available to the public" and the words "sleep Institute";
2 ° to 2 ° the words 'or extend these' are inserted between the words "rights of use" and the words 'or communicated;'.
S. 28. in title II, chapter II, section 2, subsection 2 of the same Act, it is inserted an article 24/1 as follows: «art.» 24/1. The Institute does not restrict nor does not take away rights of use for radio frequencies before expiry of the period for which they have been granted, except in justified cases. ».
S.
29. in the same Act, the title of Chapter 3 of title 2 is replaced by the following: "chapter III". -Use shared sites, infrastructure, and other components of the network.
S.
30. in article 25, § 1, of the Act, 'The operator' shall be replaced by the words "in order to protect the environment, public health and public safety or for reasons of planning or development, the operator".
S. 31. in article 27, § 1, of the same law are made the following amendments: 1 ° the words 'at the Institute' shall be inserted after the words "is created.
2 ° the word 'maximum' is inserted between the words "shared" and "of them.
S. 32. in the same Act, the title of section 2 of Chapter 3 of title 2 is replaced by the following: 'Section 2. -Shared use of other sites, infrastructure and other elements of the network.
S. 33. in article 28 of the Act, the words of the first sentence "of other sites than those mentioned in the first Section" are replaced by the words: '1 ° of other sites than those listed in the 1st Section, namely buildings that are not antenna sites within the meaning of Section 1, as well as their access, wiring '. retaining constructions, sheaths, conduits, the manholes and street booths;
2 ° of the wiring inside buildings or to the first item concentration or distribution if it is located outside the building, and if it is justified due to the fact that duplication of this type of infrastructure would be the economically ineffective or unenforceable at the physical level. ».
S. 34. in article 51 of the act as amended by the Act of May 18, 2009, the following changes are made: 1 ° in paragraph 1, the following changes are made: a) "If the parties fail to reach agreement during the negotiations on access the Institute" shall be replaced by the words "Institute";
«b) the words"and, if necessary, to ensure ' shall be inserted between the words" to promote"and the words"appropriate access ";
(c) the words "or interoperability of services," shall be inserted between the words "appropriate access" and the words "pursuant to";
(d) subsection is supplemented by a paragraph as follows: "when the Institute operates in accordance with paragraph 1, it may in particular: 1 ° impose time-limits in which the negotiations on access and interoperability of services should result;
2 ° set the guiding principles for access or interoperability of services, to reach an agreement;
3 ° to the case where an agreement between the parties cannot be reached, establish terms and conditions as it deems appropriate to provide access or interoperability to achieve.
»;
2 ° in paragraph 2, the first sentence is supplemented by the words "or the interoperability of services."
3 ° article is supplemented by paragraphs 3 to 5 worded as follows: ' § § 3 3» The Institute can always and on its own impose obligations on operators to ensure that they make available to end users of numbers from the national numbering plan and any services that are offered.
§ 4. When this is technically and economically feasible, except where a called subscriber has chosen for commercial reasons to limit access by callers located in certain geographical areas, the Institute can always and on its own initiative, impose obligations on operators so as to: 1 ° make accessible to end users using non-geographic numbers within the European Community;
2 ° make available to end-users the intelligence services of other Member States;
3 ° make accessible all the numbers assigned within the European Community, irrespective of the technology and equipment used by the holder of this issue, including the numbers of the national numbering plans of Member States, the numbers from the European telephone numbering space and universal international freephone numbers.
§ 5. The Institute can always and on its own initiative but nevertheless the case by case basis require operators to block access to numbers and services where this is justified for reasons of fraud or abuse, and that operators infer in these cases revenues for interconnection or other corresponding services.
».
S. 35. in article 52 of the same Act, amended by the Act of May 18, 2009, "imposes obligations concerning interconnection, may determine conditions regarding interconnection to give, as it considers appropriate" shall be replaced by the words "notes that the obligation referred to in paragraph 1 is not complied with, it may, without prejudice to the application of section 20 or 21 of the Act of 17 January 2003 on the status of the regulator of the sectors of posts and.
Belgian telecommunications, impose reasonable conditions in matters of interconnection that it considers appropriate and on which the parties are to negotiate in good faith".
S. 36. in article 55 of the Act, as amended by the Act of May 18, 2009, the following changes are made: 1 ° in paragraph 1, the following changes are made: a) the words "at least as quickly as possible after the adoption of the recommendation or a revision thereof" are repealed;
(b) the words "of these relevant markets" are replaced by the words "relevant markets taking into account market identified in the recommendation."
(c) there shall be inserted a sentence between the first sentence which ends with the words "effectively competitive." and the second sentence beginning with the words "Exchange of information", read as follows: «It takes the greatest possible account guidelines published by the European Commission.»;
(d) subsection is supplemented by two paragraphs worded as follows: «»

This market analysis is carried out by the Institute in accordance with articles 140 to 143/1: a) within three years after the adoption of a previous decision of the Institute relating to that market. This period may, however, exceptionally, be extended up to three additional years when the Institute has notified to the Commission a reasoned proposal for extension and it has not opposed objection within one month after such notification;
(b) within two years following the adoption by the Commission of a revised recommendation on relevant markets for contracts that have not been previously notified to the European Commission.
Where the Institute has not completed its analysis of the market within the time limit under paragraph (2), it may apply to BEREC assistance to complete the analysis of the relevant market and to impose specific obligations. In this case, the Institute shall consult within six months the Commission, BEREC and the national regulatory authorities of the Member States under article 141. »;
2 ° in paragraph 2, "65" is replaced by the number "65/1 ';
3 ° in paragraph 3, the following changes are made: a) the words "individually or jointly with others" shall be inserted between the words "any operator with" and the words "significant market power".
b) the words "imposed by those amongst» are replaced by the words"Decides to impose, maintain or modify ";
(c) the "65" is replaced by the number "65/1 ';
(d) in the Dutch text, the words "diegene op" are repealed;
(e) paragraphs 3 and 4 are replaced by the following: "where an operator is considered as having significant market power on a relevant market (the first market), it can also be considered as having significant market power on a closely related market (the secondary market). This can be the case when the links between the two markets are such as to enable the powerful operator to use on the second market by leveraging the power that it holds on the first market so as to strengthen its market power.
In this case, the Institute decides, without prejudice to the application of 1st paragraph, the imposition, maintenance or modification on the second market, obligations referred to in articles 58 to 60 and 62 and when these bonds prove insufficient, obligations referred to in article 64, as it considers appropriate in order to prevent this leverage effect. »;
(f) in paragraph 5, the words "in the Moniteur belge and" are repealed;
4 ° in paragraphs 4 and 4/1, "the silence of the competition Council is equivalent to an approval of the above-mentioned draft decision" are each time replaced by the words "the opinion of the competition Council is no longer required."
5 °, paragraph 5 is replaced by the following: "in the case of transnational markets identified in a decision of the European Commission, the Institute performs the analysis of these markets together with the regulatory authorities of the other Member States concerned, taking the utmost account of the guidelines. '' The Institute is pronounced in a concerted fashion with these authorities on the imposition, maintenance, amendment or removal of regulatory obligations referred to in paragraph 3. ».
S. 37. in article 56 of the Act, as amended by the laws of May 18, 2009 and may 31, 2011, the following changes are made: 1 ° in paragraph 1, the following changes are made: has) the words ' without prejudice to the need: "shall be replaced by the words" the Institute does not impose any of the obligations set out in articles 58 to 62 to operators who have not been designated as having significant market power in a relevant market ', without prejudice to the need to: ';
(b) in 3 ° words ' numbering' shall be inserted between the words ' space' and the words ' telephone European. "
(c) the 5 ° is replaced by the following: "5 ° to ensure the connectivity of end-to-end or, in justified cases and to the extent of what is necessary, the interoperability of services, or to encourage or, where appropriate, to ensure adequate access ';
(d) in the 7th, the words ", the Institute does not impose any of the obligations set out in articles 58 to 62 to operators who have not been designated as having significant market power in a relevant market" are repealed;
2 °, paragraph 2 is replaced by the following: "§ § 2 2» In exceptional circumstances, when the Institute intends to impose on operators which have significant market power in a relevant market of the access obligations other than those contained in articles 58 to 62, it shall submit this request to the Commission for approval European. ".".
S. 38. article 58 of the Act, as amended by the Act of May 18, 2009, is supplemented by a paragraph as follows: "non-discrimination obligations are notably ensure that operators apply equivalent conditions in circumstances equivalent to other undertakings providing equivalent services, and they provide other information and services under the same conditions and with the same quality as they provide for their own services. , or those of their subsidiaries or partners.
».
S. 39. in article 59 of the Act, as amended by the Act of May 18, 2009, the following changes are made: 1 ° in paragraph 1, the words "such as accounting information, technical specifications, the characteristics of the network, the terms and conditions for supply and use as well as prices," shall be inserted between the words "certain information", and the words "defined by";
2 ° in paragraph 3, the following changes are made: has) in the Dutch text, in paragraph 1, the word «Onverminderd» is replaced by «Niettegenstaande»
(b) in paragraph 1, the words 'al. 2, 1 °' shall be replaced by the words "on the wholesale access to network infrastructure."
(c) in paragraph 2, "fully unbundled access or shared to the local loop or local sub-loop access" shall be replaced by the words "wholesale access to network infrastructure";
(d) in paragraph 2, the words "the King, after notice of" are repealed;
3 ° in paragraph 5, the first subparagraph is replaced by the following: "any reference offers, prior to its publication, approved by the Institute."
When the author of the reference offer wished to modify, it shall previously inform the Institute. It accepts or declines the desired change. It can also impose the adjustments as it deems necessary.
The reference offer is available free of charge, in electronic form, on a freely accessible website.
»;
4 ° paragraph 6 is repealed.
S. 40. in article 61 of the Act, as amended by the Act of May 18, 2009, the following changes are made: 1 ° in paragraph 1, the following changes are made: has) 1 is replaced by the following: "1 ° to give third parties access to elements and/or specific network resources, including access to network elements which are not active and/or unbundled access to the local loop. including to allow for the selection and/or pre-selection of operators and/or subscriber line resale offer; »;
(b) on the 6th, the words "resources, including the use shared cable, buildings or towers" are replaced by the words "related resources";
(c) there shall be inserted a 10 ° as follows: '10 ° to provide access to associated services as services relating to the identity, location and occupation of the Subscriber.';
«"(2° dans le paragraphe 2, les modifications suivantes sont apportées: a) to 1 °, the words" and concerned access» are replaced by the words "and/or concerned access, including the viability of other upstream access products, such as access to ducts»
(b) at the 3 °, the words ' without neglecting the» are replaced by the words "taking into account the public investments and";
(c) the 4 ° is supplemented by the words ', giving particular attention to the economically efficient infrastructure-based competition ";
3 ° a 2/1 paragraph worded as follows is added: "§ 2/1. When the Institute requires an operator to provide access in accordance with the provisions of this article, it may lay down technical or operational conditions which the supplier and/or the beneficiaries of access must meet when necessary to ensure the normal operation of the network.
The obligation to comply with standards or technical specifications must be compatible with the standards and specifications laid down in accordance with article 17 of Directive 2002/21/EC of the European Parliament and of the Council of 7 March 2002 on a regulatory framework common for networks and electronic communications services. »;
4 ° in paragraph 3, paragraph 2, the following changes are made: a) 'If the parties fail to reach agreement during negotiations on access, fixed the Institute' shall be replaced by the words "fixed the Institute."
b) the words 'where appropriate' shall be inserted between the words "either on its own initiative" and the words ", or at the request.
S. 41. in article 62 of the same Act, the following changes are made:

1 ° in paragraph 1, the following changes are made: a) paragraph 1 is replaced by the following: "the Institute may, in accordance with article 55, paragraphs 3 and 4: 1, impose obligations related to the recovery of costs and price controls, including obligations regarding the orientation of prices based on costs and obligations concerning cost accounting systems for the provision of specific types of interconnection and/or access, where it is an analysis of the market that the operator concerned may, in the absence of effective competition, keep prices at an excessively high level, or depress prices, at the expense of end users. »;
(b) paragraph 2 is replaced by the following: "Where the Institute requires one of these obligations to an operator, the costs taken into account are the costs associated with the provision of efficient delivery.";
(c) subsection is supplemented by a paragraph as follows: 'To encourage the operator to invest in next-generation networks, the Institute takes into account investments that it has made, and allows a reasonable ROCE adequate remuneration, taking into account any risk specifically related to a new specific investment project.';
2 ° in paragraph 2, paragraph 2 is replaced by the following: 'the Institute may request the operator to fully justify its rates. If necessary, the Institute may require the adjustment of rates. ».
S. 42. article 63 of the Act, as amended by the Act of May 18, 2009, is repealed.
S. 43. in article 64, § 1, paragraph 1, of the Act, the following amendments are made: 1 ° the number "63" shall be replaced by the number "62".
2 ° the number "5" shall be replaced by the number "4/1";
S. 44. article 65 of the same Act, amended by the Act of May 18, 2009, is repealed.
S. 45. in title III, chapter III of the Act, it is inserted an article 65/1 as follows: «art.» 65/1. § 1.
When the Institute concludes that the appropriate obligations imposed under articles 58 to 62 were insufficient to ensure effective competition and that significant problems of competition and/or market failures persist in what concerns the provision of certain access products, it may, as an exceptional measure and in accordance with the provisions of article 56, § 2 require a vertically integrated operator to entrust its activities of wholesale supply of the product concerned to a functionally independent economic entity.
This economic entity provides access to all operators, including other entities within the parent company, to the same deadlines and conditions, including in terms of price and quality of service, and using the same systems cost-effective processes and products.
§ 2. When the Institute intends to impose an obligation for functional separation, it shall submit to the Commission a proposal which includes: 1 ° of the elements justifying the conclusion at which the Institute arrived at under paragraph 1;
2 ° a reasoned assessment that there is little or no prospects of developing effective and sustainable competition based on infrastructure within a reasonable time;
3 ° an analysis of the impact expected on the Institute, on the operator, in particular on the workers of the economic entity separated, in the area of electronic communications as a whole, on incentives for investment in this sector as a whole, the need to ensure social and territorial cohesion, as well as other stakeholders, including, in particular, on competition , as well as effects for consumers.
4 ° an analysis of the reasons that this obligation would be the most effective way to resolve the competition problems or failures of the identified markets.

§ 3. The draft measure comprises the following elements: 1 ° the nature and the precise degree of separation and, in particular, the legal status of the separate business entity;
2 ° the list of assets of the separate economic entity as well as products or services to be provided;
3 ° the management arrangements aimed at ensuring the independence of the staff employed by the separate economic entity, and the corresponding incentive measures;
4 ° rules aimed at ensuring respect for obligations;
5 ° rules aimed at ensuring transparency of operational procedures, in particular for other interested parties;
6 ° a monitoring programme to ensure compliance and with the publication of an annual report.
§ 4.
Following the decision of the European Commission on the draft measure, the Institute conducts a coordinated analysis of the different markets related to the access network according to the procedure laid down in articles 54 and 55. On the basis of its assessment, the Institute requires, maintains, modifies, or withdraw obligations under articles 140, 141 and 143.
§ 5. The economic entity functionally independent of the operator to which functional separation has been imposed may be subject to any obligation referred to in articles 58 to 62 in any market relevant where this operator has been designated as having significant market power in accordance with article 55, paragraph 3, or any other obligation after authorisation by the Commission in accordance with article 56 European , § 2. ».
S.
46. in title III, chapter III of the Act, it is inserted a section 65/2 as follows: «art.» 65/2. § 1. The operator who has been designated as having significant market power in one or more relevant in accordance with article 55 markets, § 3, notifies at the Institute, six months in advance, in order to assess the impact of the proposed transaction, its intention to sell its local access network assets or a substantial part of them to a separate under control of a third party legal entity , or to establish a separate economic entity in order to provide to all retailers, including its own divisions 'retail sale', fully equivalent access products.
That operator also notify the Institute any changes regarding this intention as well as the final result of the process of separation.

§ 2. The Institute assesses the impact of the transaction contemplated on the existing obligations imposed under this Act or section 20 of the Act of 17 January 2003 on the status of the sectors of posts and the Belgian telecommunications regulator.
÷ This effect, the Institute carries out a coordinated analysis of the different markets related to the access network according to the procedure referred to in articles 54 and 55.
On the basis of its assessment, the Institute requires, maintains, modifies, or withdraw obligations under articles 140, 141 and 143.
§ 3. The economic entity legally and/or functionally distinct may be subject to any obligation referred to in articles 58 to 62 on any relevant market where it or the operator who has carried out the notification in accordance with this section has been designated as having significant market power in accordance with article 55, paragraph 3, or any other obligation after authorisation by the Commission European in accordance with article 56 , § 2. ».
S. 47. in article 70 of the Act, the following amendments are made: 1 ° in paragraph 1, the following changes are made: a) "the application" shall be replaced by the words "reasonable request."
(b) to 2 ° the word 'telephone' is replaced by the word "communication";
2 ° in paragraph 2, the words "and of a functional Internet access at a similar price" are inserted between the words "basic public telephone service" and the words "via a connection.
S.
48. in title IV, Chapter 1, section 2 of the Act, it is inserted a sub-section 2/1, with article 72/1, as follows: «sub-section 2/1. Transfer of assets art.
72/1. When a claimant, designated in accordance with article 71 or 163, intends to transfer a substantial part or all of its assets of local access network into a separate legal entity owned by a different owner, it shall inform prior and timely the Institute, in order to allow the latter to assess the effects of the proposed transaction on the provision of the universal service fixed geographic component.
In this case, the Institute may impose, change, or remove the specific obligations imposed under section 71 of the Act. ».
S. 49. article 73 of the Act is replaced by the following: «art.» 73 made benefits are paid according to the conditions and procedure laid down in articles 100 to 102 for all claimant designated pursuant to article 71. ».
S. 50. article 74 of the Act, as amended by the Act of April 25, 2007 and partially cancelled by the judgment No 7/2011 Constitutional Court is replaced by the following: «art.» 74 § 1. The social component of the universal service consists in the provision by operators mentioned in paragraphs 2 and 3 offering a publicly available electronic communications service to consumers tariff conditions to certain categories of beneficiaries.
The categories of beneficiaries and tariff conditions referred to in paragraph 1, as well as the procedures to secure such tariff conditions are defined in the annex.
§ 2. Any operator providing a communications service

electronic publicly available to consumers with greater than fifty million Euro turnover on publicly accessible electronic communications services provides the social component of the universal service referred to in paragraph 1.
The King fixed the transfer of beneficiaries of an operator who has not been appointed according to the procedure referred to in paragraph 1 to an operator that has been designated or which has made the declaration referred to in paragraph 3.
§ 3. Any operator providing consumers an electronic communications service available to the public whose turnover on publicly accessible electronic communications services is lower or equal to fifty million euro, who stated his intention to the Institute to provide the social component of the universal service referred to in paragraph 1 on a fixed or mobile terrestrial network or both provides this component for a period of five years.
The King, on the proposal of the Institute, fixed the precise content and the terms of the declaration referred to in paragraph 1.
The King fixed the transfer of beneficiaries of an operator who has not made the declaration referred to in paragraph 1 to an operator that has made this declaration or to an operator that has been designated under the procedure referred to in paragraph 2, paragraph 1. ».
S.
51. in the same Act, it is inserted an article 74/1 as follows: «art.» 74/1. § 1. Where the Institute considers that the provision of the social component may represent an unfair burden for a claimant, he asked each claimant social tariffs to provide the information referred to in paragraph 2 and sets out the calculation of the net cost.
§
2. Each claimant social tariffs shall communicate to the Institute, according to the procedures laid down in accordance with article 137, paragraph 2, no later than 1 August of the calendar year following the year under review, the amount indexed the estimate of the cost incurred for the year, calculated pursuant to the methodology of calculation defined in annex.
No later than 1 December of the calendar year following the year under review, the Institute calculates the net cost of each concerned service provider, in accordance with the methodology defined in the annex.
For each such service providers, the Institute publishes details of the net cost of the social component, as approved by him. The index used for this purpose is the health.
§ 3. The Institute establishes the existence of an unfair burden for each provider concerned, when the provision of the social component of the universal service represents an excessive nature with regard to its ability to support taking into account all its characteristics, including the level of its equipment, its economic and financial situation as well as its market share on the market of the publicly available electronic communications services.
§ 4. There is established a Fund for universal service in social tariffs to compensate each claimant social tariffs for the provision of the social component of the universal service represents an unfair burden and which introduced a request to this effect from the Institute. Compensation equal to the net cost to the operator for the provision of the social component of the universal service represents an unjustified burden. This Fund is endowed with legal personality and managed by the Institute.
The Fund is fed by contributions paid by the operators offering the social component of the universal service.
The contributions are established in proportion to their turnover on the publicly available electronic communications services.
The turnover taken into account corresponds to turnover before tax on the provision of electronic communications services available to the public on the national territory in accordance with article 95, § 2.
Management fees the funds are composed of all costs related to the operation of the Fund, including the costs arising from the definition of a cost model based on a theoretical efficient operator depending on the type of electronic communications network through which the social universal service component is provided. The King sets, by Decree deliberated in the Council of Ministers, the maximum amount of the Fund management fees.
Fund management fees are funded by the operators referred to in paragraph 2, in proportion to their turnover referred to in paragraph 3.
§ 5. The King determines, by deliberate order in Council of Ministers, after opinion of the Institute, the modalities of operation of this mechanism. ».
S. 52. in the same Act, the title of section 4 of Chapter 1 of Title 4 is replaced by the following: Section 4. Of the provision of public pay telephones and other points of access to the public voice telephony services.
S.
53. in article 75 of the Act, the following amendments are made: 1 ° the current text form, paragraph 1;
2 ° in paragraph 1, the following changes are made: a) 'jobs telephone public' are each time replaced by the words "public pay telephones or other access points to the public voice telephony services";
(b) the sentence shall be supplemented by the words ", in order to meet the reasonable needs of end-users in terms of geographical coverage, number of telephones or other points of access, accessibility to disabled end-users and quality of services."
3 ° article is supplemented by a paragraph 2 as follows: "§ § 2 2» The Institute may decide that the obligations referred to in paragraph 1 imposed on an operator may be partially or completely thrown if there assurance that these services or comparable services are widely available. Before taking its decision the Institute shall a consultation under the terms of article 139. ».
S. 54. in article 76, § 1, of the Act, 'The King' shall be replaced by the words "If the Institute decides to impose an operator the availability of public pay telephones, the King".
S. 55. article 78 of the Act is replaced by the following: «art.» 78 benefits carried out are compensated according to the conditions and procedure laid down in articles 100 to 102 for all claimant designated pursuant to article 76, paragraph 2 or 3. ».
S.
56. in section 79 of the Act, the following amendments are made: 1 ° the current text form, paragraph 1;
2 ° article is supplemented by a paragraph 2 as follows: "§ § 2 2» The King may decide by royal decree deliberated in the Council of Ministers, on the advice of the Institute, that he will not impose obligations referred to in paragraph 1 to an operator if it is satisfied that these services or comparable services are widely available.
Before giving its opinion the Institute shall a consultation under the terms of article 139.
».
S. 57. article 85 of the Act is replaced by the following: «art.» 85 made benefits are paid according to the conditions and procedure laid down in articles 100 to 102 for all claimant designated pursuant to article 80, § 2, or 3. ».
S. 58. in section 86 of the Act, the following amendments are made: 1 ° the current text form, paragraph 1;
2 ° article is supplemented by a paragraph 2 as follows: "§ § 2 2» The King may decide by Decree deliberated in the Council of Ministers, on the advice of the Institute, that he will not impose obligations referred to in paragraph 1 to an operator if it is satisfied that these services or comparable services are widely available.
Before giving its opinion the Institute shall a consultation under the terms of article 139.
».
S. 59. article 91 of the Act is replaced by the following: «art.» 91 made benefits are paid according to the conditions and procedure laid down in articles 100 to 102 for all claimant designated pursuant to article 87, paragraph 2 or 3. ».
S. 60. in section 100 of the Act, as amended by the Act of April 25, 2007, the following changes are made: 1 ° in the paragraph 1, the word "September" is replaced by the word "August";
2 ° in paragraph 2, the word "November" is replaced by the word "December";
3 ° article is supplemented by a paragraph worded as follows: "The Institute establishes the existence of an unfair burden for each provider concerned, when the provision of universal service represents an excessive character with regard to its ability to support taking into account all its characteristics, including the level of its equipment, its economic and financial situation as well as its market share on the publicly accessible telephony market.".
S. 61. in article 101, paragraph 1, of the Act, as amended by the Act of April 25, 2007, the following changes are made: 1 ° the words "with the exception of the social component" are repealed;
2 ° paragraph is supplemented by the words "provided that Institute has established the existence of an unfair burden for the concerned service provider.
S. 62. article 103 of the same law is supplemented by a paragraph worded as follows: "the Institute shall notify without delay to the European Commission the universal service obligations imposed to providers and changes y relating.".
S. 63. in the same Act, the title of Chapter 2 of Title 4 is replaced by the following: ' chapter II '. -Services of public interest ".

S. 64. in the Dutch text, in section 106, § 1, paragraph 1, the word «bescherming» is replaced by the word "verdediging".»
S. 65. in article 107 of the Act, as amended by the laws of July 20, 2005, July 20, 2006, April 25, 2007, may 18, 2009 and may 31, 2011, the following changes are made: 1 ° a 1/1 paragraph worded as follows is added: "§ 1/1." Undertakings providing publicly available telephone services take, where appropriate in coordination with companies that provide public networks underlying electronic communications, all necessary measures, including preventive, to ensure uninterrupted access to emergency services.
The King may, after opinion of the Institute, set the terms and conditions of the measures referred to in paragraph 1.
The King may require undertakings providing public electronic communications and business networks that provide publicly available electronic communications services in, inter alia, to inform subscribers of any change to access to emergency services or to information about the location of the caller in the service to which they have subscribed.
Before imposing any obligation, the King may, if it considers it appropriate, promote self-regulatory or co-regulatory measures.
Undertakings providing end-users an electronic communications service to make outgoing national calls component, the national telephone numbering plan numbers take where appropriate in coordination with companies who provide the public electronic communications networks underlying, all reasonable necessary measures, including preventive, to facilitate uninterrupted access to emergency services.
The operators concerned provide in coordination with companies who provide the public electronic communications networks underlying - information on the location of the caller to the Central Office of management emergency services providing assistance on the spot, as soon as the call reaches them. The Institute defines, in consultation with emergency services concerned, criteria relating to the precision and reliability of the caller location information.
After consultation with emergency services and providers, the Institute defines the way that undertakings providing end-users with an electronic communications service to make outgoing national calls one or more phone numbers from the national telephone numbering plan provide access to emergency and the conditions to which they are subject to provide this access. »;
2 ° in paragraph 2, the following changes are made: a) in paragraph 1, the words "insofar as this is technically feasible" are repealed;
(b) two paragraphs worded as follows shall be inserted between paragraphs 2 and 3: 'investment and operating costs to the databases of the caller ID data and access lines used by emergency services to access these databases are responsibility of the operators.
"If an operator offers its own commercial services for the provision of location data to the subscribers, then the accuracy of location data which are part of the identification of the appellant during an emergency call and that must be provided to emergency services providing assistance on site in accordance with this paragraph and the speed at which they are transmitted to the service concerned emergency shall be at least equal to the best quality offered commercially by this operator.
3 ° paragraphs 4 and 5 are repealed.
S. 66. in the same Act, it is inserted an article 107/1 as follows: "§ 1.» A Fund for emergency services providing assistance on the spot is created to reimburse them, as well as the organization entrusted by the public authorities to exploit their power management, the costs referred to in paragraph 2. The Fund has legal personality and is managed by the Institute.
The obligations contained in this article shall also apply when plants management of emergency services providing assistance on the spot are exploited by an organization that is responsible for this task by the Government or when the costs are borne by the organization.
§ 2. When as a result of the application by an operator of a technique or technology on its network, its service or database referred to in article 107, § 2, central management of emergency services providing assistance on the spot are no longer able to process the data referred to in article 107, § 2, paragraph 1, or the messages referred to in section 107 , § 2/1, this operator shall bear the costs of adaptations to the Central interfaces of these plants that are necessary so that the latter can again process these data and messages as well as the costs of maintenance in service of these adaptations.
When under a new regulatory provision, operators offering a service of electronic communications are required for the first time to provide the data referred to in article 107, § 2, paragraph 1, to central management of emergency services providing assistance on the spot, or are required to provide under other conditions, these operators bear the costs of adaptations to the Central interfaces of these plants that are necessary so that the latter can process these data as well as the costs of retention of these adaptations.
The operators concerned by the implementation of section 107, § 2/1, support the costs of adaptations to the Central interface of management stations that are needed so that they can process the messages referred to in this article, as well as the costs of maintenance in service of these adaptations.
For the purposes of paragraphs 1 to 3 of this subsection, the costs to be borne by the operators are, in addition to the costs of adaptations within their own network, only on the investment costs which can be directly attributed to the adaptations of these central interfaces and operating costs which can be directly attributed to the continued service of these adaptations.
In this article, is meant by investment costs all costs incurred by the emergency services following the assignment of human or material, means that are necessary for the planning, implementation and adaptation of the Central interface tests. It means operating costs all operational costs, including maintenance costs, which are borne by the emergency services and which are necessary to ensure the functioning of the adaptation of the Central interface of permanently.
The total amount of the contributions from operators to the Fund cannot exceed the amount of the costs approved by the Institute.
§ 3. For each adjustment to the interfaces Central plants of management that gives rise to a refund by the Fund, this adaptation or retention of this adaptation costs are divided between the operators involved in adaptation concerned proportionally number of active end-users to which each of them offered the electronic communications service concerned by adaptation to September 1 of the year during which these costs were incurred by emergency services.
When the relevant electronic communications service offered by any operator concerned on that date, the number of active end-users is calculated to September 1 of the following year.
Active end users, it means all end-users who during the previous six months a date determined, or during part of the last six months, could make use of the service concerned.

§ 4. Fund management fees are borne by operators who contribute to the Fund, proportionally to their contribution fixed in paragraph 3. These costs are reimbursed by the Fund at the Institute.
Management fee, it means all the costs that the Institute exposes by setting the Fund means human, financial and material, including fees for the Institute resulting from the use of external experts.
§ 5. The King fixed by Decree deliberated in the Council of Ministers, upon proposal by the Minister in charge of offering emergency services assistance on-site and the Minister in charge electronic communications, after the opinion of the Institute, the modalities for operating this Fund.
The King determines beforehand by royal decree deliberated in the Council of Ministers in an objective and transparent parameters on the basis of which the costs are determined. The calculation and the amount of the costs are verified and approved by the Institute on the basis of the principles established by the King. By Decree deliberated in the Council of Ministers, the King lays down the procedures for reimbursement of possible overcompensation. » Art. 67. in article 108 of the Act, the following amendments are made: 1 ° in paragraph 1, the following changes are made: has) the words "aimed at providing connection and/or access to a public telephone network is physically made available of the Subscriber and ' are replaced by the words"aimed at the provision of a connection to the network.

"public electronic communications or the provision of publicly available electronic communications services.
(b) the words 'in a clear, comprehensive and easily accessible form' shall be inserted after the words "the following information";
(c) the b) and (c)) are replaced by the following: "b) services provided, including:-If the access to emergency services and caller location information is provided or not and if there are limitations to the provision of the European single emergency call number;
-information on all other conditions limiting access to services and applications and/or use, when these conditions are allowed under the legal and regulatory provisions and information on the speed and the volume of free download broadband which is measured according to the method determined by the Institute;
-the minimum quality of services levels, namely the time required for the initial connection as well as, where appropriate, other indicators related to the quality of service, as defined by the Institute;
-information on any procedures implemented by the company to measure and guide traffic to avoid saturating or oversaturating a network line, and information about the way in which these procedures could impact on the quality of the service;
-the types of maintenance service offered and customer support services provided, as well as the ways of contact these services;
-any restrictions imposed by the provider on the use of terminal equipment provided;
(c) where an obligation exists under article 133, the opportunities that are available to the Subscriber to be included or not its data personal in a directory or a telephone information service as well as the data concerned; »;
((d) in the Dutch text, in d) 'bijzonderheden van' shall be replaced by the words 'het van de toegepaste detail ";
e) d) is supplemented by the words ", the payment methods offered and any differences in costs related to the method of payment";
f) the e) is supplemented by the words "including:-any use or minimum period required to qualify for promotions;
-where applicable, all costs related to portability of numbers and other identifiers:-where appropriate, all fees due upon the termination of the contract, including the recovery of costs related to terminal equipment if the acquisition of terminal equipment is linked to the subscription of a subscription for a fixed term, an array of reimbursement is annexed, which takes up the residual value of the terminal equipment for each month of the term of the contract term. A straight-line depreciation method is used for the calculation of the monthly depreciation of terminal equipment; the amortisation table indicating the residual value of the terminal equipment shall not exceed a maximum amortization period of twenty - four months;
((g) in f), "the quality levels of the services stipulated in the contract are not met" shall be replaced by the words "it is not satisfied to the items mentioned in b)";
(h) there is inserted an h) and an i) worded as follows: 'h) the type of measure that is likely to take the business to respond to an incident relating to the security or integrity or face threats and situations of vulnerability.'; 'i) the overall price for the offer of several electronic communications services;';
(i) subsection is supplemented by a paragraph as follows: 'Without prejudice to the application of paragraph 2, the contract referred to in this paragraph is updated, every time that changes are made to the information referred to in paragraph 1.';
2 ° a paragraph 1/1, worded as follows is added: "§ 1/1."
Without prejudice to article 111/3, replace by the same operator of a contract term or a contract concluded with a consumer or a customer who has not more than five numbers, with the exception of numbers for services M2M, by a new contract concluded for a fixed term is only possible on condition that the operator : 1 ° has previously warned the consumer or the Subscriber in writing that:-by accepting not replacement, his current term contract will be converted by application of article 82 of the Act of 6 April 2010 relating to the practices of the market and the consumer protection on its due date in a permanent contract, under the same conditions and free terminable at any time subject to the applicable maximum two months notice period , and -by accepting the replacement, his current contract will be replaced by a new contract term, which will be cancelled before the due date that on payment of compensation in the amount of break, the amount of which will be also be communicated to the consumer or to the Subscriber, and 2 ° has received the express consent and written of the consumer or the corresponding Subscriber. »;
3 ° in paragraph 2, the following changes are made: a) in paragraph 1, the words 'of chapter V, Section 2 of the Act of 14 July 1991 on trade and on information practices and the protection of the consumer' shall be replaced by the words "Chapter 3, section 6 of the Act of April 6, 2010 the market practices and consumer protection";
(b) in the paragraph 1, the words 'of the contractual conditions"are not replaced the words" a clause of the contract. "
(c) in paragraph 2, the words ", except if the General conditions provide a related increase in the consumer price index" are repealed;
(d) subsection is supplemented by a paragraph as follows: 'The Institute may determine the circumstances in which the notifications referred to in this paragraph should be made and their format.';
4 °, paragraph 3 is replaced by the following: "§ § 3 3» When the contract referred to in paragraph 1 is concluded with a consumer, the contract initial commitment period may not exceed 24 months.
Operators offer their customers in all cases the possibility of concluding a contract with a maximum initial period of twelve months. ».
S. 68. in section 109 of the Act, the words "publicly available telephone service", are replaced by the words 'charged by an operator, including any costs charged in case of termination of a contract'.
S. 69. in section 110 of the Act, as amended by the laws of 27 December 2005, may 18, 2009 and may 31, 2011, the following changes are made: 1 ° in paragraph 1, the following changes are made: has) the words ", except numbers for M2M services ' shall be inserted between the words"with up to five numbers"and the words"a detailed invoice of base ';
(b) paragraph 1 is supplemented by a paragraph worded as follows: "this article does not derogate from the persons concerned by the treatment of data, rights granted by article 10 of the law of 8 December 1992 relative to the protection of privacy with regard to the processing of personal data.";
2 °, paragraph 2 is replaced by the following: "§ § 2 2» Subscribers can obtain free of charge, on request, a more detailed version of the base invoice they received. » Art. 70. in the same Act, it is inserted an article 110/1 as follows: «art.» 110/1. Without prejudice to article 110, § 4, the Subscriber may still require its operator it informs her free of charge, at his request, of the operator more beneficial alternative tariff plans, taking into account its consumption profile. The request for information must be made in a simple way, and the operator must respond within a period of up to two weeks. ».
S. 71. article 111 of the Act is replaced by the following: «art.» 111 § 1. Operators publish and/or broadcast for consumers and end-users, by tariff plan, transparent information comparable, adequate and up-to-date concerning: 1 ° access to their networks and their services;
2 ° the use of these networks and services;
3 ° the prices and rates charged;
4 ° the costs possibly due at the time of the termination of the contract.
This information is published in a clear, comprehensive and easily accessible form. The Institute establishes the precise content of the information to publish and/or broadcast as well as the modalities for their publication or broadcast.
Operators shall communicate to the Institute the information they publish or disseminate as well as changes to these information no later than 15 working days prior to publication.
§ 2. Operators realize for each service they offer for sale to consumers and end users an information sheet whose content is determined by the King, after opinion of the Institute.
The information sheet is updated with available to the consumer and end user everywhere where the operator offers its services for sale. The information sheet is presented no later than at the time of the formulation of the contractual offer to the consumer and end user and is then attached to the contract.
The consumer and end user may at any time request that the information sheet is sent to him.
§ 3. The Institute facilitates the provision of comparable information to enable consumers and users

end to carry out an independent evaluation of the cost of alternative use plans, for example by means of interactive guides or similar techniques.
In addition, in accordance with the procedures laid down by ministerial order after the opinion of the Institute, one - ci makes available on its website of the current information for the consumer and end user to evaluate the most advantageous for him in the light of its plan to use.
÷ This effect, each operator introduced its tariff plans, that is, all of the rates as well as contractual and technical aspects which constitute a commercial offer, together with their amendments in the electronic application for comparing tariff on the Institute's website and at least fifteen days prior to publication. At the same time, the operator gives the Institute a complete description of any new tariff plan, of any modification of a tariff plan as well as an electronic link to the existing Internet page or in development on which the tariff plan concerned is described.
Third parties have the right to make free use of the information published by undertakings providing networks and/or publicly available electronic communications services, for the purpose of sale or provision of interactive guides or similar techniques referred to in paragraph 1.
».
S. 72. in the Act, it is inserted an article 111/1 as follows: «art.» 111/1. The Institute may require undertakings that provide public networks of electronic communications and/or publicly available electronic communications services to, in particular: 1 ° provide subscribers information on tariffs for a number or a service subject to specific tariff conditions; for certain categories of services, the Institute may require that this information be provided immediately prior to connecting the call;
2 ° inform subscribers of any change to the legally authorised conditions limiting access to services or applications, or their use;
3 ° inform subscribers of their right to decide whether to include data to personal about themselves in a directory and the types of data involved, in accordance with article 133; and 4 ° provide regularly to disabled subscribers of details of products and services intended for them. ».
S.
73. in the same Act, it is inserted a section 111/2 as follows: «art.» 111/2. § 1. The fixed King, after receiving the opinion of the Institute, technical methods, timeframes and the obligations of providing information that the operators concerned must apply when an end user relinquishes a service of electronic communications of an operator to obtain a service of electronic communications with another operator.
These rules relate inter alia to the distribution tasks for the transfer between the parties concerned, the allowances due to subscribers in case of delay in the execution of the transfer as well as the obligations of the operators provide information to end-users.
§ 2. The activation of a service of screening or a service having a similar operation, the transfer of a service of access to the Internet or a number by an operator without the express written consent of end-user, and without clear screening service information, the service having a similar operation, the service of access to the Internet or the transfer of the number, is prohibited.
Disabling a service of screening or a service with a similar operation by the provider of the service in question is possible: 1 ° subject to the express prior consent of the end user;
2 ° when end-user does not respect material obligations of the contract with the provider of the service of screening or a service having a similar operation, and after that latter clearly informed the final user of the consequences of disabling its service screening or a service with a similar operation.
Disabling a preset or one mechanism having a similar operation by the access operator is possible: 1 ° after prior request by the service provider of screening or the service having a similar operation to the cases provided for in paragraph 2, 1 °;
2 ° with the express consent written the end-user, and after clear information about the effects of disabling preset or the mechanism having a similar operation;
3 ° because of technical limitations defined and recognized by the Institute, after prior authorization of the Minister.
The person who wrongly asked an operator transfers a number or an Internet access service or enable or disable a screening or a mechanism having a similar operation, or a service of screening of the operator or a service having a similar operation, or the person who mistakenly disables a preset active rightly operator or mechanism having a similar operation cannot claim the money end user payment of these costs. Where appropriate, it shall refund the amounts already collected. In addition, it is required to pay lump-sum intervention of 750 euros to the undertaking thereby temporarily loses an end user as client.
A complaint concerning the application of this article may be submitted to mediation for telecommunications Service.
Mediation for telecommunications Service may refuse to deal with a complaint if it turns out that the facts which gave rise to the complaint occurred more than a year before the introduction of the complaint. ».
S.
74. in the same Act, it is inserted an article 111/3 read as follows: «art.» 111/3. § 1. The termination by the Subscriber of the contract referred to in article 108 § 1st, can be done by any written means and without stating the reasons. The contract is terminated at the time chosen by the Subscriber, even immediately. The operator terminates the service concerned as soon as possible taking into account the technical and communicate to the customer a written confirmation.
§ 2.
Are null and void ipso jure, without prejudice to the application of chapter III, Section 6 of the Act of 6 April 2010 on the practices of the market and the protection of the consumer, the terms and conditions or combinations of clauses and conditions related to the termination in contracts between an operator and a customer, which are intended to make it impossible or discourage the operator change or the use of the facility referred to in article 11 , § 7.
The contract is binding on the parties if he can continue to exist without the clauses or conditions zero.
§
3. Without prejudice to the provision of paragraph 2, the operator cannot claim compensation from a consumer or a customer who does not have more than five call numbers, with the exception of numbers for M2M services, for the termination of a contract or early termination of a contract at the end of the sixth month following the entry into force of the contract.
The compensation that an operator may claim during the first six months in the event of early termination of a contract by a consumer or a subscriber who does not call more than five numbers must not exceed, without prejudice to the provision in paragraph 3, to the fee for the subscription that would be still due until the end of the sixth month following the entry into force of the contract in the event that this contract would have not been terminated early.
Breach early contract, an additional allowance may be requested to the consumer or a subscriber who does not call more than five numbers having received, free of charge or at a lower price, a product whose graduation was related to subscribing to a subscription term, which may however not exceed the residual value of the product at the time of the breach of contract (, in accordance with article 108 § 1, e), last indent. ».
S. 75. article 112 of the Act repealed by the law of April 6, 2010, is restored in the following wording: «art.» 112. the King fixed, after opinion of the Institute, the mechanisms offered by the operators to control the costs of the electronic communications services, including the free alerts sent to consumers in case of abnormal or excessive consumption patterns. Operators for free give the possibility to their customers on a financial or expressed ceiling in volume among the ceilings set in a list compiled by the Institute. By default, a ceiling is set by the Institute. ».
S. 76. article 113 of the Act, as amended by the Act of April 25, 2007, is replaced by the following: «art.» 113 § 1.
The Institute coordinates initiatives related to the quality of public networks of electronic communications and publicly available electronic communications services.
§ 2. Undertakings providing public communications networks electronic and undertakings providing publicly available electronic communications services to publish comparable, adequate and up-to-date information about measures that have been taken to ensure access and the quality of the network and the service on their website, for end-users,

equivalent to disabled end-users. The information is also communicated at the Institute prior to publication.
§ 3. The Institute may determine inter alia the settings to use in relation to the quality of the network and the service and the content, form and the method of publication of the information, including any mechanisms for quality certification, in order to ensure that end-users, including disabled end-users, have access to comprehensive information comparable and easy to operate.
§ 4. In order to prevent the degradation of service and obstruction or slowing of traffic on networks, the Institute may impose minimum quality of service requirements to providers of public electronic communications networks.
The Institute provides the European Commission, in good time prior to the establishment of these requirements, a summary of the reasons on which based their intervention, the proposed requirements and the proposed approach. This information is also made available to BEREC. The Institute takes the greatest possible account comments or recommendations of the European Commission.
§ 5. Undertakings providing public communications networks electronic and undertakings providing publicly available electronic communications services provide at the Institute of information on any procedures put in place by the provider to measure and guide traffic to avoid the saturation or the overload of a line of the network.
These same companies publish on their Web site for end users, information about the potential impact of these procedures on the quality of the service. The information is also communicated at the Institute prior to publication.
The Institute has a period of one month for his comments. Companies can publish the information only after taking into account these observations.
§ 6. Undertakings providing public electronic communications networks and that undertakings providing publicly available electronic communications services publish free of charge, at the request of the Institute, information of public interest, using the same means as those they normally use to communicate with their new or existing subscribers. This information is provided by the Institute, after the opinion of the Committee on the protection of privacy, in a standard format and cover, inter alia, the following topics: 1 ° the most common modes of use of the electronic communications services to engage in unlawful activities or to disseminate harmful content, particularly where it may prejudice respect for rights and freedoms of others including violations of copyright and neighboring rights, and the legal consequences of these uses and 2 ° the means of protection against risks to personal security, privacy and the personal data when using electronic communications services. ».
S. 77. in the Act, it is inserted an article 113/1 as follows: «art.» 113/1. The Institute coordinates the initiatives relating to the security of public networks of electronic communications and publicly available electronic communications services.
He oversees, observation and analysis of the problems of security, and may provide users of the information in the material.
Undertakings providing publicly available electronic communications services shall publish on their Internet site, for end-users, comparable, adequate and up-to-date information concerning secure access to their services.
The information is also communicated at the Institute prior to publication. ».
S. 78. in the same Act, it is inserted a section 113/2 as follows: «art.» 113/2. The King may, on proposal of the Institute, fix the terms and conditions of the measures relating to allowances that must pay the operators to subscribers in the event of interruption of the service. ».
S. 79. article 114 of the Act, as amended by the Act of April 25, 2007, is replaced by the following: «art.» 114 § 1. Companies providing of public electronic communications networks or publicly available electronic communications services take technical and organizational measures appropriate to manage network security risk and services appropriately, if necessary jointly with the safety of the network. Taking into account the latest technical possibilities, these measures shall ensure a level of security appropriate to existing risks. Measures are particularly taken to minimize the consequences of the incidents of security for users and interconnected networks.
The software for electronic communications provider also supports these measures.

§ 2. Without prejudice to the law of 8 December 1992 relative to the protection of privacy with regard to processing of personal data, the measures provided for in paragraph 1 that undertakings providing publicly available electronic communications services, when it concerns personal data, are intended at least to:-ensure that only persons authorised to act legally authorised purposes can have access to the personal data;
-protect personal data stored or transmitted against the accidental or unlawful destruction, loss or accidental alteration and storage, processing, access and disclosure unauthorized or unlawful; and - ensure the implementation of a security policy on the treatment of the data personal.
The Institute is empowered to verify the measures taken by providers of publicly available electronic communications services, as well as to make recommendations on best practices regarding the degree of security that these measures should achieve.
§ 3. Undertakings providing public electronic communications networks take all necessary measures, including preventive, for: 1 ° ensuring the integrity of their network and ensure the continuity of the services provided on the network.
2 ° ensuring full availability possible of available telephone services to the public provided through their network of networks catastrophic failure or force majeure.
The King may, after opinion of the Institute, set the terms and conditions of the measures referred to in paragraph 1.
§ 4. Undertakings providing of public electronic communications networks or publicly available electronic communications services provide free to their subscribers, taking into account the State of technology, adequate security services, in order to allow end users to avoid any form of unwanted electronic communication. Software for electronic communications providers are also obliged to their client. ».
S. 80. in the same Act, it is inserted an article 114/1 as follows: «art.» 114/1. § 1. When there is a particular risk of a breach of the security of the network, undertakings providing a publicly available electronic communications service shall inform subscribers and the Institute of this risk and, if measures that may take the companies providing the service do not allow him depart, of any medium possible remedies, including in an indication of the likely costs.
§ 2.
Undertakings providing public communications or networks of publicly available electronic communications services shall immediately notify the Institute of harm to the safety or loss of integrity that had a significant impact on the operation of networks or services. After prior approval of the Minister, the Institute said in what assumptions the infringement of the security or loss of integrity has a significant impact within the meaning of this paragraph.
Where appropriate, the Institute shall inform the regulatory authorities of the relevant communities in networks of electronic communications, the national regulatory authorities of the other Member States and ENISA. The Institute can inform the public or require businesses that they do so, as soon as it finds it is utilities to disclose the facts.
Once a year, the Institute shall submit to the European Commission and ENISA a summary report on the notifications received and the action taken under this paragraph.
§ 3. In the event of infringement of the security of an electronic communications service available to the public regarding personal data, the undertakings providing publicly available electronic communications services warns without delay Institute for breach of personal data. Where the violation of personal data is liable to adversely affect the personal data or privacy of a Subscriber or individual, the undertakings providing publicly available electronic communications services notifies also without delay the Subscriber or the individual concerned of the breach.
Notification of a violation of the personal data to the Subscriber or the individual is not required if the company

providing publicly available electronic communications services has proven to the satisfaction of the Institute, that it has implemented technological protection measures appropriate and that the latter have been applied to the data affected by the breach. Such technological protection measures make incomprehensible data to any person who is not authorized to access.
Without prejudice to the obligation of the company providing of electronic communications services available to the public to inform subscribers and individuals concerned, if the undertakings providing publicly available electronic communications services has not already notified the Subscriber or individual of the breach of personal data, the Institute may, after considering the potentially negative effects of this violation require it as it runs.
Made notification to the Subscriber or to the individual describes the nature of the violation of personal data at least and points of contact from which additional information may be obtained and recommends measures to be taken to mitigate the possible negative consequences of the violation of personal data. The notification to the Institute in addition describes the consequences of the violation of personal data, and the measures proposed or taken by the undertaking providing publicly available electronic communications services to remedy.

§ 4. Subject to technical possible implementation by the Commission measures European in accordance with article 4, point 5, of Directive 2002/58/EC, and after receiving the opinion of the Committee on the protection of privacy, the Institute may adopt guidelines and, where necessary, issue instructions specifying the circumstances in which undertakings providing publicly available electronic communications services are required to notify the violation of personal data the format applicable to this notification and its transmission procedure.
Undertakings providing publicly available electronic communications services, maintain an inventory of violations of personal data, including their context, their effects and the measures taken to remedy, so that the Institute can verify compliance with the provisions of this paragraph. This inventory includes only the information necessary to that end.'.
S. 81. in the Act, it is inserted a section 114/2 as follows: «art.» 114/2. § 1. The Institute has the power to issue binding instructions, including on dates implementation limits, on undertakings providing public networks of electronic communication or the electronic communications services available to the public for the purposes of sections 114 and 114/1.
§ 2. Undertakings providing public communications networks or publicly available electronic communications services provide to the Institute, at its request, all information necessary to assess the safety or integrity, or both, of their services and networks, including documents relating to their security policy.
At the request of the Institute, undertakings providing public communications networks or publicly available electronic communications services submit to a security check conducted by a qualified independent body or Institute itself. The King determines, after notice of the Institute, the conditions to be satisfied by independent qualified bodies and the arrangements for control of security. The report and the results of the security screening are communicated to the Institute. The cost of control is the responsibility of the company.
The provisions of this paragraph shall also apply to article 106, paragraph 2. ».
S. 82. in section 115 of the Act, as amended by the law of July 20, 2005, the following changes are made: 1 ° in the paragraph 1, the following changes are made: a) 1 ° the words "and priority services defined by the King after the opinion of the Institute" are repealed;
(b) there shall be inserted a 1 ° 1 worded as follows: ' 1 ° 1 priority users whose list is determined by the King after the opinion of the Institute ';
2 ° article is supplemented by three paragraphs worded as follows: "operators guarantee time for waiver of a disturbance not more than 24 hours for the persons mentioned in paragraph 1, 1 °, 1 ° 1 and 2 °, including Saturday, Sunday and public holidays."
These specific requirements are met without extra charge for beneficiaries.
The terms of specific provision applied to the persons mentioned in paragraph 1, 1 °, 1 ° 1 and 2 ° are also assessment and the opinion of the Institute referred to in article 103. ».
S. 83. in article 117 of the Act, the following amendments are made: 1 ° in the paragraph 1, the following changes are made: a) "Minister" shall be replaced by the words "Institute";
b) the words ', after the opinion of the Institute, "are repealed;
(c) "end users" shall be replaced by the word 'consumers '.
(d) "public telephone network" shall be replaced by the words "public electronic communications networks";
2 ° in paragraph 2, the word "Minister" is replaced by the word 'King '.
S.
84. in section 118 of the Act, the following amendments are made: 1 ° "Minister" shall be replaced by the words "Institute";
2 ° the words ', after the opinion of the Institute, "are repealed;
3 ° "Subscribers" shall be replaced by the word 'consumers '.
4 ° "public telephone network" shall be replaced by the words "public electronic communications network.
S. 85. article 120 of the same Act, replaced by the Act of April 25, 2007, is replaced by the following: «art.» 120. at the request of the Subscriber, operators who provide an electronic communications service for free block messages or communications inbound or outbound as well as outgoing calls to certain categories of numbers and, where appropriate, from certain categories of numbers, defined by the Minister, after receiving the opinion of the Institute and the Ethics Commission for telecommunications. ».
S. 86. in article 121 of the Act, the following amendments are made: 1 ° in paragraph 1, the following changes are made: has) the words ', after consultation of the Advisory Committee on telecommunications and the Institute,' shall be inserted between the words 'The King fixed' and the words ' conditions according to ";
(b) "public telephone network" shall be replaced by the words "public or publicly available telephone services, electronic communications networks";
2 ° in paragraph 2 the words "on all or part of the territory" are replaced by the words "on a part of the territory";
3 ° article is supplemented by a paragraph 3 as follows: "§ § 3 3» Operators shall make available the signals necessary to enable the provision of the supplementary services and data referred to in paragraph 1 in all or part of the territory, and to the extent where this is technically possible, so these supplementary services can be more easily offered beyond the borders of the Member States. ».
S.
87. in title IV, chapter III, section 1 of the Act, there shall be inserted a subsection 5, with article 121/4, as follows: 'subsection 5. Measures for disabled end-users.
S. 121/4. § 1. The Institute can take measures to ensure that disabled end-users: 1 ° have access to publicly available electronic communications services equivalent to those enjoyed by the majority of the end-users, i.e. adapted to their disability;
2 ° take advantage of the choice of operators and services enjoyed by the majority of end-users.
§ 2. The Institute takes all necessary measures to ensure that disabled end-users have access to emergency services equivalent to that enjoyed by other end-users through technical means adapted to their disability. ».
S. 88. in article 125, § 1, of the Act, the following changes are made: 1 ° to 4 ° words "on the orders of an investigating judge or" are inserted between the words "achieved by the Institute" and the words 'in ';
2 ° 5 ° is supplemented by the words 'and are not listening to communications. "
3 ° are inserted 5 1 ° and 5 ° 2 worded as follows: «5 ° 1: when the acts are carried out by officials authorized by the Minister who has the economy in charge, their legal missions of research and are not listening to communications;
5 ° 2 when the acts are performed by the Ethics Commission for telecommunications or its secretariat or at the request of one of them in the context of their legal research missions and are not listening to communications. ».
S. 89. article 127 of the Act is supplemented by a paragraph 6 worded as follows: ' ' § § 6 6 Each operator shall establish, on the basis of paragraph 1, an internal procedure for responding to requests for access to personal data concerning users. It puts upon request, at the disposal of the Institute for information on these procedures,

on the number of applications received, on the legal basis invoked and its response. ».
S.
90. in article 129 of the Act, the following amendments are made: 1 ° in the paragraph 1, the following changes are made: a) 'Use of electronic communications networks for the storage of information or accessing information' shall be replaced by the words 'storage of information or access to information already obtaining ";
(b) "end user" are each time be replaced by the word "user";
(c) 2 ° is replaced by the following: «2 ° the Subscriber or the end user consent after being informed in accordance with the provisions referred to in point 1 °.» »;
2 ° paragraph 2 is replaced by the following: "1st paragraph is not applicable for the registration technical information or access to information stored in a customer or end-user terminal with the sole purpose to make the sending of a communication over an electronic communications network or to provide a specifically requested service by the Subscriber or the end user when this is strictly necessary for this purpose. ';
3 ° in paragraph 3, 'No refusal' shall be replaced by the words "consent";
4 ° article is supplemented by a paragraph worded as follows: "the controller free gives the possibility to subscribers or end-users to withdraw consent in a simple way.".
S.
91. in section 131 of the Act, the words "insofar as this is technically and operationally possible to the operator" are repealed.
S. 92. in title IV, chapter III, section 2 of the Act, it is inserted an article 133/1 as follows: «art.» 133/1. The Institute can adopt measures in order to ensure effective cross-border cooperation in accordance with articles 113 to 114/2 and 122 to 133 and create conditions for the provision of services involving cross-border data flows.
The Institute provides the European Commission, two months before the adoption of these measures, a summary of the reasons on which its intervention is based, the measures envisaged and the proposed approach. Institute takes the greatest possible account the comments and recommendations of the European Commission when it takes a decision relating to these measures. ».
S.
93. in article 134 of the Act, as amended by the laws of May 18, 2009 and may 31, 2011, the following changes are made: 1 ° paragraph 1 is supplemented by a paragraph worded as follows: 'the fixed Minister, upon proposal by the Institute, costs related to the treatment of an individual folder. The cost is borne by the service provider, if it is ratified.
In other cases, the fees are dependant of the Institute. »;
2 ° article is supplemented by paragraph 4 as follows: "§ § 4 4» If the offender fails to pay the administrative penalty imposed by the Ethics Commission for telecommunications and/or fees due within the time fixed by the Ethics Commission, the secretariat transmits the decision of the Ethics Commission for telecommunications to the Administration of the the value added tax, registration and domains, for the recovery. This Administration may act by means of constraint, in accordance with article 3 of the national law of December 22, 1949.
All amounts paid or recovered as a administrative fine imposed by the Ethics Commission for telecommunications are paid to the Treasury. Fees recovered shall be paid to the Institute. ».
S. 94. in article 134/1, § 1, of the Act, inserted by the Act of 31 May 2001, the words "or designate" are repeatedly inserted after the words "President".
S.
95. article 135 of the Act, as amended by the laws of July 20, 2006 and on April 25, 2007, is repealed.
S.
96. in title IV, chapter III, section 2 of the Act, it is inserted an article 135/1 as follows: «art.» 135/1. Operators providing telephone services accessible to the public allowing international calls handle all calls to and from the space of European telephone numbering (ETNS) at rates similar to those they apply to calls to and from mobile dial other plans or geographic numbers Member States. ».
S. 97. in section 137 of the Act, the following amendments are made: 1 ° in the 1st paragraph, paragraph 2 is repealed;
2 ° article is supplemented by a paragraph 3 as follows: "§ § 3 3» Field control of compliance with this Act, except in respect of articles 12 to 17 and 32 to 44, the Institute may request that information that is reasonably necessary and objectively justified to enable it to: 1 ° ensure, systematically or in individual cases, the of: has) article 29;
(b) financial contribution to the universal service;
(c) section 30;
d) the efficient and effective use of frequencies;
(e) use effective and efficient numbers);
2 ° carry out a check on a case by case basis, when a complaint is received, when the Institute has reason to believe that a condition is not respected or where the Institute is conducting an investigation on its own initiative;
3 ° carry out the treatment and assessment of requests for granting rights of use;
in the interest of consumers, 4 ° publish comparative assessments regarding the quality and price of services;
5 ° pursue specific statistical objectives;
6 ° carry out a market study;
7 ° preserve the effectiveness of the use and management of radio frequencies;
8 ° to examine the evolution of networks or services likely to have an impact on the services provided to competitors.
The information referred to in paragraph 1, points 1 °, 2 °, 4 °, 5 °, 6 °, 7 ° and 8 °, cannot be raised as a precondition or as a condition to access to the market. ».
S. 98. in article 141 of the Act, as amended by the laws of April 25, 2007 and may 18, 2009, the following changes are made: 1 ° 1st paragraph becomes paragraph 1;
2 ° in paragraph 1, the following changes are made: has) in the 7th, the words "without delay" are repealed;
(b) in the 7th, the words ', BEREC ' shall be inserted between the words 'European Commission' and the words 'and national regulatory authorities ';
(c) paragraphs 2 to 4 are repealed;
3 ° article is supplemented by paragraphs 2 to 4, worded as follows: ' ' § § 2 2 The Institute reflects as possible observations which are addressed to it within one month of notification of the draft decision by the European Commission, BEREC and the national regulatory authorities of the Member States.
§ 3. Where the draft decision is amended in accordance with article 143, paragraph 2 or article 143/1, § 4, the Institute began a consultation in accordance with article 140 and again notify the European Commission draft amended in accordance with the provisions of paragraph 1.

§ 4. Final decisions, whose projects are referred to in paragraph 1, shall be notified to the European Commission and BEREC. ».
S. 99. in article 142 of the Act, the following amendments are made: 1 ° the words ", to BEREC ' shall be inserted between the words 'European Commission' and the words 'and authorities ';
2 ° article is supplemented by the following sentence: 'any extension of interim measures is subject to the provisions of articles 140 and 141.'.
S. 100. article 143 of the Act is replaced by the following: «art.» 143 § 1. When the draft decision of the Institute referred to in article 141, paragraph 1: a) is likely to have an impact on trade between Member States and tends to: 1 ° defining a relevant market which differs from those identified by the European Commission, or 2 ° or not to designate an operator as having, either individually or jointly with others, significant market power in a relevant market;
(b) and that the Commission European told the Institute within a period of one month after notification in accordance with article 141, that the draft decision would impede to the single market or if it has serious doubts as to its compatibility with Community law, the Institute delayed the adoption of the final decision of two additional months.
§
2. Where, within the period of two months referred to in paragraph 1, the European Commission adopted a decision requiring the withdrawal of the draft decision and formulating specific proposals for amendments to the draft decision, the Institute modifies or withdraws its draft decision within six months of the date of the decision of the European Commission. ».
S.
101. in the Act, it is inserted an article 143/1 as follows: «art.» 143/1. § 1. If, within a period of one month from the date of notification of the draft decision of the Institute in accordance with article 141, the Commission European notifies to the Institute that its draft decision, which tends to impose, amend or withdraw an obligation on an operator with significant relevant market power, constitutes a barrier to the single market or expresses serious doubts as to its compatibility with Community legislation the Institute delayed its decision for three more months.
§ 2. Within the period of three months referred to in paragraph 1,

the Commission European, BEREC and the Institute shall cooperate closely to identify far more efficient and appropriate to the objectives referred to in articles 5 to 8, while taking into account the opinions of the economic actors and the need to ensure the implementation of consistent regulatory practice.
§ 3. When, within a period of six weeks from the beginning of the period of three months referred to in paragraph 1, BEREC shall issue an opinion on the notification of the European Commission referred to in paragraph 1 stating that he shared the doubts of the European Commission, the Institute may, before the end of the three months period referred to in paragraph 1 : 1 ° modify or withdraw its draft decision taking into account the possible notification of the Commission referred to paragraph 1 and the opinion and advice of BEREC.
2 ° hold its draft decision.

§ 4. When BEREC does not share the serious doubts of the Commission does not agree, or where the Institute modifies or maintains its draft decision in accordance with paragraph 3, the Commission may, within a period of one month after the end of the three months period referred to in paragraph 1: 1 ° issuing a reasoned recommendation asking the Institute to amend or withdraw the draft decision;
2 ° decide to lift its reservations in accordance with paragraph 1.
Within a period of one month from the issuance of the recommendation of the European Commission in accordance with paragraph 4, 1 °, or of the lifting of the reserve in accordance with paragraph 4, 2 °, the Institute shall notify the Commission European and BEREC the adopted final decision. This period may be extended to enable the Institute to organise a public consultation on the draft amended.
When the Institute decides not to amend or withdraw the draft decision on the basis of the recommendation referred to in paragraph 4, a), it provides a reasoned justification.

§ 5. The Institute may withdraw the draft decision at any stage of the procedure. ».
S.
102. in the Act, it is inserted an article 161/1 as follows: «art.» 161/1. The Institute is for December 19, 2011 no later than the rights of use for frequencies and numbers existing at December 31, 2009, in accordance with articles 11 and 18 to 24: 1.
When the application of 1 paragraph leads to restricting the rights or to extend the obligations to the General and rights permissions individual existing use, the Institute may extend the validity of those rights and obligations until September 30, 2012 at the latest, subject to such a measure does not affect the rights of other operators. The Institute shall notify this extension to the European Commission and shall give the reasons. ».
S. 103 section 163 of the Act, replaced by the law of July 20, 2006 and amended by the Act of May 31, 2011, is hereby repealed.
S. 104. in Title VI, chapter III of the Act, it is inserted an article 164/1 as follows: «art.» 164/1. The Registrar of the top-level '.be' domain Internet domain names: 1 ° has a place of business and a seat of permanent operations in Belgium, without prejudice to the possibility for the person concerned to split part of its technical infrastructure abroad, for the sole purpose to improve the reliability of the service;
2 ° presents itself in the form of a non-profit organization;
3 ° charges for its services compensation directly related to the costs actually incurred;
4 ° updates, according to the rules laid down by the Institute free of charge at the disposal of the Institute installations he has anticipated so that the transition to a new Registrar of domain names can be efficient and effective, without serious disruption. These facilities include at least an updated registry of names of domain and all the related information of holders of domain names according to the frequency and manner determined by the Institute in a form that can be used immediately in the event of serious failure by the Registrar of Internet domain names and to ensure the stability of the Belgian Internet. and 5 ° organise, administer and manage the top-level ".be" domain in the general interest and according to the principles of quality, efficiency, reliability and accessibility.
» Art. 105. in Title VI, chapter III of the Act, it is inserted a section 164/2 as follows: «art.» 164/2. In the event of serious failure by the Registrar of domain names Internet of the top-level '.be' domain, the Institute shall take necessary measures in the interest of the end user and the Belgian economy in order to ensure the continuity and the stability of the Belgian Internet.
Failure of Registrar of Internet domain names, means: 1 ° the application of illegal or dishonest practices and which threaten the good name of the top-level domain ".be"linked to the Belgium 2 ° failure to ensure the availability of a considerable number of the assets of the first level ".be" domain domain names, or 3 ° failure to perform the duties of a Registrar of Internet domain names in accordance with the definition of article 2 48 / 1 ° or 4 ° the fact do not fulfil the conditions of article 164/1.
In an emergency, the Institute can immediately designate a new Registrar of Internet domain names of the domains ".be" on a provisional basis. The costs incurred by this Registrar of Internet domain names provisional within the framework of the tasks entrusted to him by the Institute shall be borne by the Institute and will be recovered later from the Registrar of domain names eventually designated Internet.
Immediately after the designation of temporary Internet domain names registration office or when such a designation is not required, the Institute appealed to the candidates in the Moniteur belge and publishes a specification including the minimum requirements for the execution of the activity of the registry of domain Internet's top-level «.be» domain names The designation of the new Registrar of Internet domain names is done on the basis of objective, transparent and non-discriminatory procedure as well as to objective, transparent and non-discriminatory criteria.
The entity that is designated as the Registrar of domain names Internet of the top-level '.be' domain is required to meet the minimum requirements of the specifications and to meet all commitments made during the selection procedure. ».
S. 106. in articles 1, 28, 30, 34, 35, 36 and 46 of the schedule to the Act, the words "accessible to the" every time inserted between the words "telephone service" and the word "public".
S. 107. in l ' article 1 of the annex to the Act, the following amendments are made: 1 ° "public telephone network" shall each time be replaced with the words «public electronic communications network»
2 ° 3 ° is repealed.
S. 108. article 8 of the schedule to the Act is repealed.
S.
109. in article 15 of the schedule to the Act, paragraph 2 is replaced by the following: ' connection referred to in article 70, § 1, 2 °, b, must be able to support data communications at speeds the functional Internet access as defined in article 16 of this annex. ".
S. 110. article 16 of the schedule to the Act is replaced by the following: «art.» (16 connection referred to in article 70, § 1, 2 ° c), must enable end-users to have a functional Internet access is subject to a specific contract with an Internet service provider.
Fixed King, on the proposal of the Institute, the flow of this functional access taking due account of specific conditions of the market, including the most used bandwidth by the majority of subscribers and technical feasibility. Indication of flow is contained in the report referred to in article 103. ».
S.
111. in section 22 of the schedule to the Act, the following amendments are made: 1 ° in paragraph 1, the following changes are made: a) 1 paragraph 'reductions of rates' shall be replaced by the words "social tariffs";
(b) to the 1.1, "social tariff" shall be replaced by the words "social phone rate."
(c) in the 1.2, "gross income" are each time replaced by the words "overall taxable income."
(d) in 2.1, "social tariff" shall be replaced by the words "social phone rate."
(e) there shall be inserted a 4 as follows: "social Internet 4 rate.
4.1. the beneficiary of the social internet rate can have a single social internet rate and there may be only one beneficiary per household.
4.2. the benefit of the social internet tariff may be granted upon request, to any person meeting the criteria fixed in points 1.2, 2.3 and 3.
4.3 live in a hotel, a home of rest or another form of community life no right for the benefit of the social internet rate unless the recipient has a subscription in its own name and to its exclusive use.
4.4. people already connected to the Internet which fulfil the conditions laid down benefit the internet rate social at the end of the first term of their subscription following the introduction of the application.
4.5. the beneficiary of the social internet rate:

1 ° immediately gives knowledge to the operator by the fact that it no longer meets one of the conditions to benefit from the tariff in question;
2 ° full disbursements to which he would have escaped immediately benefiting unduly from the internet rate social following such an incomplete declaration or false about the conditions.
4.6. the benefit of the social internet tariff is removed from the first deadline of the subscription following the date at which it is no longer satisfied the conditions laid down. »;
2 ° in paragraph 2, "social telephone tariff" are each time replaced by the words "social tariff".
S. 112. in the annex to the Act, the title of section 4 of Chapter 2 is replaced by the following: Section 4. Implementing provision of public pay telephones and other points of access to the public voice telephony services.
S. 113. articles 23 to 27 of the schedule to the Act are repealed and replaced by a new article 23 as follows: «art.» 23. the Institute regulates retention and deletion of public pay telephones or other access points at public voice telephony services. » Art. 114. in article 30, paragraph 1, of the annex to the Act, the following amendments are made: 1 ° 'Unless otherwise approved by the Minister, upon proposal of the Institute, the le prestataire provider distributes' shall be replaced by the words "the claimant distributes";
2 ° the word "annually" is replaced by "at least every two years.
3 ° "unless these subscribers must make the request" shall be replaced by the words "on specific request of the Subscriber."
4 ° the paragraph is completed with the following sentences: 'applications may be made in writing, by e-mail or by phone. The Minister sets the terms of submission of the application. ».
S. 115. in article 31 of the schedule to the Act, as amended by the Act of April 25, 2007, the following changes are made: 1 ° in paragraph 1, the following changes are made: a) the second fourth indents are hereby repealed.
(b) the sixth indent is hereby repealed;
(c) the eighth indent is hereby repealed;
(d) the tenth indent is hereby repealed;
2 ° paragraph 2 is repealed.
S. 116. in article 32 of the schedule to the Act, the following amendments are made: 1 ° in paragraph 2, the following changes are made: a) "functional Internet site not paying" shall be replaced by the words "website functional non-paying, neutral, regularly modernised and accessible to persons with disabilities."
(b) paragraph is completed with the following sentences: "subscribers data are updated once per month. This website allows at least on the basis of the name within a municipality and based on the phone number searches. The Institute can establish additional quality criteria to which the claimant will be submitted in the context of the availability of the information contained in the universal directory via this website. »;
2 ° paragraph 3 is repealed 3 ° in the 4 former paragraph becoming paragraph 3, the word "seventy" is replaced by "35";
4 ° 6 former, becoming paragraph 5, paragraph is replaced by the following: 'provider responsible for the provision of universal directory shall inform the Institute before 31 March of each year a report regarding the manner in which he executed the obligations of this article.'.
S. 117. in chapter III of the schedule to the Act, it is inserted an article 33/1 as follows: «art.» 33/1. If no operator is designated for one or more of the benefits of universal service mentioned in article 68, the Institute monitors the evolution and level of retail tariffs of each service concerned over the level of the consumer price and national income. ».
S. 118. in article 35 of the annex to the Act, the words 'jobs telephone public' are each time replaced by "pay telephones public or other access points at public voice telephony services".
S. 119. article 38 of the schedule to the Act is replaced by the following: «art.» 38 § 1.
Service providers referred to in article 74 of the Act apply, at least, rate reductions following on their rates and bundles including a telephony service accessible to the public for the persons referred to in article 22 § 1, 1.2, 1 ° and 2 °, 2.3 and 3 of the annex: 1 ° compensation for provision of a connection to a public electronic fixed location communications network : 50% of the fare.
2 ° to the case where the consumer is required to pay the subscription fee and call charges to a single provider or the case where it is only required to pay appeal expenses:-a reduction in the amount of 40% capped at 8,40 euros per month on the fee for the subscription in question provided that a subscription fee is due;
-a reduction of an amount of 3.10 euros per month on call charges;
3 ° If the consumer is required to pay a subscription fee and call charges to different vendors: a reduction of 11.50 euros per month on call charges, to offer by the supplier who charges the costs of appeal.
§ 2. Service providers referred to in article 74 of the Act apply, at least, rate following reductions on all their tariffs to the persons referred to in article 22 § 1, 1.2, 3 ° of the annex:-a reduction of an amount of EUR 3.10 per month on call charges.
§ 3. Service providers referred to in article 74 of the Act apply, at least, rate reductions following on all of their rates of access to the Internet and bundles including Internet access for the persons referred to in article 22 § 1, 4.2 of the annex, if they have, where appropriate, renounced the reduction on the fee for the membership referred to in paragraph 1, 2 ° , first indent, and the reduction referred to in paragraph 1, 3 °:-a reduction of 40% on the rates, capped at 8.40 euros per month. ».
S. 120. in the schedule to the Act, instead of article 45bis, inserted by the Act of April 25, 2007 and cancelled by the decision No 7/2011 of the Constitutional Court, it is inserted an article 45/1 as follows: «art.» 45/1.
The net cost of the social component of the universal service for a geographical area consists of the difference between all the costs as defined in article 2 and all receipts as defined in paragraph 3, to which we add benefits commercial benefits of the provision concerned, including intangible benefits.
The costs to be taken into account in the calculation referred to in paragraph 1 are the costs that could be avoided in the long term by the claimant should not provide the benefit provided for by section 74 of the Act.
The revenue to be taken into account in the calculation referred to in paragraph 1 are the revenue that the operator would not affect long term should not provide the benefit provided for by section 74 of the Act. These revenues include:-revenue arising from installation costs;
-receipts resulting from subscriptions;
-revenue from incoming calls;
-revenue from outgoing calls.
The costs are estimated on the basis of accounting in actual costs ("CCA").
The assessment of the net cost referred to in the first subparagraph includes the remuneration of the capital employed in respect of the provision of the social component of the universal service calculated in accordance with the method determined by the King, on the proposal of the Institute. ».
S. 121. in article 46, § 1, 6, fourth indent, of the annex to the Act the words 'fixed public telephone network database' shall be replaced by the words 'public network of electronic communications fixed base.
CHAPTER 4. -Amendments to the Act of 11 March 2003 on certain legal aspects of the article information society services 122. article 1 of the Act of 11 March 2003 on certain legal aspects of information society services is supplemented by a paragraph as follows: "chapter IV partially transposes Directive 2009/136/EC of the European Parliament and of the Council of 25 November 2009 amending Directive 2002/22/EC on universal service and the rights of users with regard to networks and electronic communications services Directive 2002/58/EC concerning the processing of personal data and the protection of privacy in the electronic communications sector and Regulation (EC) No 2006/2004 on cooperation between national authorities responsible for enforcement of consumer protection legislation. ».
S. 123. article 14, § 3, of the Act is supplemented by a 3 ° as follows: «3 ° encourage the recipient of messages to visit internet sites violate section 13 of this Act.».
CHAPTER 5. -Changes in market practices and s. consumer protection act of April 6, 2010
124. in the Act of April 6, 2010 the market practices and the protection of the consumer, it is inserted an article 1/1 as follows: «art.» 1/1.
Chapter 4, section 3, partially transposes Directive 2009/136/EC of the European Parliament and of the Council of 25 November 2009 amending Directive 2002/22/EC on universal service and the rights of users with regard to the networks and services of electronic communications, Directive

2002/58/EC concerning the processing of personal data and the protection of privacy in the electronic communications sector and Regulation (EC) No 2006/2004 on cooperation between national authorities responsible for enforcement of consumer protection legislation. ».
S. 125. article 100 of the Act is replaced by the following: «art.» 100 § 1. The use of automated systems of appeal without human intervention and fax for direct marketing purposes is prohibited without the prior, free, specific and informed consent of the recipient of messages.
The person who has given his consent may withdraw at any time, without giving reasons and without any fees can be charged to it.
The burden of proof that the communication made by means of a technique mentioned in this paragraph, or determined to implement this has been requested, upon the transmitter.
The King may, by Decree deliberated in the Council of Ministers, extend the prohibition referred to in paragraph 1 to other techniques of communication than y mentioned, taking into account their evolution.

§ 2. Without prejudice to article 14 of the Act of 11 March 2003 on certain legal aspects of the services of the company information, unsolicited for purposes of direct marketing, communications carried out by other techniques than those referred to in paragraph 1 or determined pursuant to, are permitted subject to the provisions laid down in articles 100/1 to 100/7.
S. 126. in the same Act, a 100/1 article is inserted, worded as follows: «art.» 100/1. § 1. The operator offers its customer the ability to communicate, at any time, that it is opposed to the use of the telephone number or telephone numbers allocated to him for direct marketing purposes.
The Subscriber free exercises this right of opposition and can at least communicate by phone, letter or e-mail.
At the conclusion of the contract, the operator attention of the Subscriber on this right of an explicit and specific.
§ 2. The operator saves each opposition from a customer, referred to the § 1, within five working days in a file intended for that purpose and communicates to the Subscriber the date of registration.
The operator puts at the disposal of the people, who want to do direct marketing by phone, the file that contains telephone numbers for which subscribers don't want calls for direct marketing purposes.
An operator can delegate the execution of the obligations laid down in this section to a non-profit organization with which it concludes a contract for this purpose. ».
S. 127. in the same Act, a 100/2 article is inserted, worded as follows: «art.» 100/2. § 1. Any phone call for reasons of direct marketing to a phone number that is listed in the file referred to in article 100/1, § 2, is prohibited.
For all telephone calls for direct marketing purposes, caller to check beforehand if the relevant number is not included in this file.

§ 2. The ban in the § 1 does not apply to calls to phone numbers of subscribers who have given their consent to the people who make phone calls for reasons of direct marketing or on behalf of which such appeals are made, to use their personal data to such purposes. ».
S. 128. in the same Act, a 100/3 article is inserted, worded as follows: «art.» 100/3. Operators and the people who make direct marketing or for the account of which this occurs, bear the burden of proof of compliance with the provisions of this section. ».
S. 129. in the same Act, a 100/4 article is inserted, worded as follows: «art.» 100/4. § 1. The King may, after receiving the opinion of the Committee on the protection of privacy, take steps to: 1 ° determine the content, form and the functioning of the file referred to in article 100/1, § 2;
2 ° determine the terms and conditions of access to these files of people who want to make phone calls for direct marketing purposes, including the identification of such persons;
3 ° maintain the terms of the Subscriber communication, referred to in article 100/1, § 1, as simple as possible.
§ 2. The King may also, after the opinion of the Committee on the protection of privacy, approve an association or organization which includes the obligations of all the operators referred to in article 100/1.
The association or organization may be approved only on basis of the criteria determined by the King and that provides at least the following guarantees: 1 ° the ease of use for the customer;
2 ° the exclusive use of the data from the file to the respect for the rights of the customer in accordance with article 100/1, § 1;
3 ° the lack of any goal of profit of the association or organization;
4 ° continuous and simple access to data, for a price reduced for people who want to make phone calls for direct marketing purposes;
5 ° the compliance with the rules imposed under paragraph 1. ».
S. 130. in the same Act, a 100/5 article is inserted, worded as follows: «art.» 100/5. Violations of this section are sought, found and pursued by officers commissioned by the Minister who has the economy in charge pursuant to sections 123, 130-137. ».
S. 131. in the same Act, a 100/6 article is inserted, worded as follows: «art.» 100/6. The provisions relating to the action for an injunction referred to in the law of 6 April 2010 concerning the regulation of certain procedures under the law of 6 April 2010 on the market practices and consumer protection are applicable to this section. ».
S. 132. in the same Act, a 100/7 article is inserted, worded as follows: «art.» 100/7. For the purposes of this section, it has to be understood by 'operator' and 'Subscriber', an operator and a Subscriber as defined in article 2, 11 ° and 15 ° of the Act of 13 June 2005 on electronic communications. ».
CHAPTER 6. -Amendments to the Act of 21 March 1991 on the reform of some economic public companies art. 133. in article 144ter, § 1, 1 ° paragraph 3 of the Act of 21 March 1991 on the reform of some economic public companies, inserted by the royal decree of 9 June 1999 and replaced by the law of December 13, 2010, the words 'before 31 December 2011"are repealed.
S. 134. in article 144novies, paragraph 4 of the same Act, inserted by the royal decree of 9 June 1999 and replaced by the law of December 13, 2010, the words 'before 31 December 2011"are repealed.
S. 135. in article 144undecies, § 1, paragraph 7 of the same Act, inserted by the royal decree of 9 June 1999 and replaced by the law of December 13, 2010, the words 'before 31 December 2011"are repealed.
S.
136. in article 148bis, § 1, 1st indent of the same Act, inserted by the royal decree of 9 June 1999 and replaced by the law of December 13, 2010, the words 'before 31 December 2011"are repealed.
CHAPTER 7. -Amendments to the law of 15 May 2007 on the protection of consumers with regard to radio transmission and Home Arts services
137. article 2 of the Act of 15 May 2007 on the protection of consumers with regard to radio transmission and home services is completed by the following: «12 ° 'terminal equipment': a product or a component of a product, to perform electronic and communications intended to be connected directly or indirectly to interfaces of a public electronic communications network. ''
S. 138. in section 4 of the Act, the words "of radio transmission and/or home services', are replaced by words 'charged by an operator, including any costs charged in case of termination of a contract'.
S.
139. article 5 of the Act is replaced by the following: «art.» 5 § 1.
Operators publish and/or broadcast for consumers and end-users of transparent information comparable, adequate and up-to-date concerning: 1 ° access to their networks and their services;
2 ° the use of these networks and services;
3 ° the prices and rates charged;
4 ° the costs possibly due at the time of the termination of the contract.
This information is published in a clear, comprehensive and easily accessible form.
The Institute establishes the precise content of the information to publish and/or broadcast as well as the modalities for their publication or broadcast. Operators shall communicate to the Institute, by tariff plan, the information they publish or disseminate as well as changes to this information at the latest 15 working days prior to publication.
§ 2. Operators realize for each service they offer for sale to consumers and end users an information sheet whose content is determined by the King, after opinion of the Institute.
The information sheet is updated with available to the consumer and end user everywhere where the operator offers its services for sale.
The information sheet is presented no later than at the time of the formulation of the contractual offer to the consumer and to the Subscriber and is then attached to the contract. The consumer and end user may at any time request that the information sheet is sent to him.
§ 3. The Institute facilitates the

provision of comparable information to enable consumers and subscribers to perform an independent evaluation of the cost of alternative use plans, for example by means of interactive guides or similar techniques.
In addition, in accordance with the procedures laid down by ministerial order after the opinion of the Institute, it makes available on its website of current information to the consumer and the customer to evaluate the most advantageous for him in the light of its plan to use.
Third parties have the right to make free use of the information published by companies that provide services of radio transmission and home, for the purpose of sale or provision of interactive guides or similar techniques referred to in paragraph 1. ».
S. 140. in the same Act, it is inserted an article 5/1 as follows: «art.» 5/1. The Institute may require undertakings providing radio and home services to provide regularly to disabled subscribers of details of products and services intended for them. ».
S. 141. in the same Act, it is inserted a section 5/2 as follows: «art.» 5/2. § 1.
The fixed King, after receiving the opinion of the Institute, technical methods, timeframes and the obligations of providing information that the operators concerned must apply when a customer abandons a radio transmission or an operator-home service to obtain service of electronic communications with another operator.
These rules relate inter alia to the distribution of tasks for the transfer between the parties concerned, the allowances due to subscribers in the event of delay in the execution of the transfer as well as the obligations of the operators to provide information to subscribers. ».
S. 142. in article 6 of the Act, the following amendments are made: 1 ° in paragraph 1, the following changes are made: a) the words 'in a clear, comprehensive and easily accessible form' shall be inserted after the words "the following information";
b) b) is replaced by the following: "b) radio transmitting and/or home provided services, minimum service quality levels offered, including the time required for the initial connection as well as, where appropriate, other indicators relating to the quality of service, as defined by the Institute.";
c) c) is replaced by the following: 'c) the types of maintenance service offered and customer support services supplied, including the arrangements allowing contact these services, as well as any limitations imposed by the provider to the use of the supplied terminal equipment';
((d) in the Dutch text, in d) 'bijzonderheden van' shall be replaced by the words 'het van de toegepaste detail ";
e) d) is supplemented by the words ", the payment methods offered and any differences in costs related to the method of payment";
f) the e) is supplemented by the words "including:-any use or minimum period required to qualify for promotions;
-where appropriate, all fees due at the time of termination of the contract, including the recovery of the costs related to terminal equipment; If the acquisition of terminal equipment is linked to a subscription for a specified period, an array of reimbursement is annexed, which takes up the residual value of the terminal equipment for each month of the term of the contract term. A straight-line depreciation method is used for the calculation of the monthly depreciation of terminal equipment. The amortisation table indicating the residual value of the terminal equipment shall not exceed a maximum amortization period of 24 months. »;
((g) in f), "the quality levels of the services stipulated in the contract are not met" shall be replaced by the words "it is not satisfied to the items mentioned in b)";
(h) paragraph is completed with a point i), as follows: 'i) the overall price for the offer of several electronic communications services ".
(i) subsection is supplemented by a paragraph as follows: 'Without prejudice to the application of paragraph 2, the contract referred to in this paragraph is updated, every time that changes are made to the information referred to in paragraph 1.';
2 ° a paragraph 1/1 is inserted, worded as follows: "§ 1/1." Without prejudice to article 6/1, replace by the same operator of a contract term or a contract entered into with a customer by a new contract concluded for a fixed term is only possible provided that the operator: 1 ° has previously notified the Subscriber in writing that:-by accepting not replacement, his contract determineeen courses will be converted by application of article 82 of the Act of 6 April 2010 on practices the market and the protection of the consumer by its due date in a permanent contract, under the same conditions and free terminable at any time subject to the applicable maximum two-month notice period, and - by accepting the replacement, his current contract will be replaced by a new contract term, which will be cancelled prior to the maturity date that on payment of compensation in the amount of break which will be also transmitted to the customer, and 2 ° has received the express written consent of the Subscriber. »;
3 ° in paragraph 2, the following changes are made: a) in paragraph 1, the words "of chapter V, Section 2 of the Act of 14 July 1991 on trade and on information practices and the protection of the consumer, therefore they are notified of a draft amendment of the contractual conditions", shall be replaced by the words "chapter III". section 6 of the Act of April 6, 2010 the market practices and consumer protection, inasmuch as they are notified of a proposed amendment to a clause of the contract,";
(b) in paragraph 2, the words ", except if the General conditions provide a related increase in the consumer price index" are repealed;
(c) subsection is supplemented by a paragraph as follows: 'The Institute may determine the circumstances in which the notifications referred to in this paragraph should be made and their format.';
4 ° the same article is supplemented by a third paragraph, as follows: "§ § 3 3» When the contract referred to in paragraph 1 is concluded with a consumer, the contract initial commitment period may not exceed 24 months. Operators offer their customers in all cases the possibility of concluding a contract with a maximum initial period of twelve months. ».
S. 143. in the Act, it is inserted an article 6/1 as follows: «art.» 6/1. § 1.
The termination by the Subscriber of the contract referred to in article 6, § 1, can be done by any written means and without stating the reasons. The contract is terminated at the time chosen by the Subscriber, even immediately. The operator terminates the service concerned as soon as possible taking into account the technical and communicate to the customer a written confirmation.
§ 2. Are null and void ipso jure, without prejudice to the application of chapter III, Section 6 of the law of April 6, 2010 on practices of the market and the protection of the consumer, the terms and conditions or combinations of clauses and conditions related to the termination in contracts between an operator and a customer, which are intended to make it impossible or discourage the operator change.
The contract is binding on the parties if he can continue to exist without the clauses or conditions zero.
§ 3. Without prejudice to the provision of paragraph 2, the operator cannot claim compensation for a consumer or a Subscriber for termination of an indefinite contract or early termination of a contract at the end of the sixth month following the entry into force of the contract.
The indemnity that an operator may claim during the first six months in the event of early termination of a contract by a consumer or a Subscriber cannot, without prejudice to the provision in paragraph 3, be greater than the fee for the subscription that would still be payable until the end of the sixth month following the entry into force of the contract in the event that this contract would have not been terminated early.
Breach early contract, a supplementary allowance may be claimed to the consumer or a subscriber who received free or at a lower price, a product whose graduation was linked to the subscription to a subscription term, which may however not exceed the residual value of the product at the time of the breach of the contract, in accordance with article 6 (, § 1, e), last indent. ».
S. 144. in the Act, it is inserted an article 7/1 as follows: «art.» 7/1. § 1.
Providing publicly accessible radio and home services businesses publish comparable, adequate and up-to-date information about measures that have been taken to ensure equivalent to disabled consumers access and the quality of the network and the service on their website for consumers. The information is also communicated at the Institute prior to publication.
§ 2. The Institute may determine inter alia the settings to use in relation to the quality of the network and the service, as well as

the content, form and the method of publication of the information, including possible mechanisms of quality certification, in order to ensure that consumers, including consumers with disabilities, have access to comprehensive, comparable and easy-to-operate information.
§ 3.
In order to prevent the degradation of service and obstruction or slowing of traffic on networks, the Institute may impose minimum quality of service requirements to providers of public electronic communications networks.
The Institute provides the European Commission, in good time prior to the establishment of these requirements, a summary of the reasons on which based their intervention, the proposed requirements and the proposed approach. This information is also made available to BEREC. The Institute takes the greatest possible account comments or recommendations of the European Commission. ».
S. 145. in section 16 of the Act, the words "those who commit an offence under the provisions of articles 3 to 6, 7, paragraph 1, 8 to 10" are replaced by "those who commit an offence under the provisions of articles 3 to 6/1, § 1, 6/1, § 3, 7, paragraph 1, 7/1, § 1, 8 to 10.
CHAPTER 8. -Provisions finals s. 146. article 6 comes into force at the next appointment of the Board of the Institute.
Articles 51 and 120 have effect from 30 June 2005.
S. 147. the amendments made by section 67 in article 108, § 1 and § 3, of the Act of 13 June 2005 on electronic communications are immediately applied to current contracts.
S. 148. articles 74 and 143 come into force October 1, 2012 and are, from this moment, immediately applied to current contracts.
S. 149. article 75 comes into force October 1, 2012.
S. 150 the absence of designation by the King of one or more providers in accordance with the provisions laid down respectively in articles 71 and 105 of the Act of 13 June 2005 on electronic communications, Belgacom provides the universal service, as described in article 68, 1 °, as well as the services described in section 105 of the Act.
÷ non-designation by the King of one or more providers in accordance with the provisions laid down in articles 76, 80 and 87 of the Act and the absence of decision no longer to impose the relevant obligations, in accordance with articles 76, 79 and 86 of the Act, Belgacom ensures the universal service, as described in section 68 3 °, 4 ° and 5 ° of the Act.
This section ceases to be in effect the first day of the thirteenth month taking courses the day following the publication of this Act in the Moniteur belge.
Promulgate this Act, order that it be under the seal of the State and published by le Moniteur.
Given to Brussels, July 10, 2012.
ALBERT by the King: the Deputy Prime Minister and Minister of the economy, consumers and the North Sea, J. VANDE LANOTTE sealed with the seal of the State: the Minister of Justice, Ms. A. TURTELBOOM _ Note (1) Session 2011-2012.
House of representatives.
Documents.
-Bill, 53-2143, no. 1. -Amendments 53-2143, Nos. 2 to 5. -Report, 53-2143, no. 6. -Text adopted by the commission, 53-2143, no. 7. -Amendments, 53-2143, Nos. 8 and 9. -Text adopted in plenary meeting and transmitted to the Senate, 53-2143, no. 10.
Compte rendu intégral. -21 June 2012.
Senate.
Documents. -Project mentioned by the Senate, 5-1677, no. 1. -Amendments 5-1677, no. 2. -Report 5-1677, no. 3. -Decision not to amend, 5-1677, no. 4.
Annals.
-28 June 2012.
See also: Session 2011-2012.
Senate.
Documents.
-Draft transmitted by the House of representatives, 5-1678, no. 1. -Report 5-1678, no. 2. -Text adopted in plenary meeting and submitted to the Royal assent, 5-1678, no. 3.
Annals. -28 June 2012.

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