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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belgiquelex.be - Carrefour Bank of Legislation

10 JULY 2012. - Miscellaneous Electronic Communications Act (1)



ALBERT II, King of the Belgians,
To all, present and to come, Hi.
The Chambers adopted and We sanction the following:
CHAPTER 1er. - Object
Article 1er. This Act regulates a matter referred to in Article 78 of the Constitution.
This Act constitutes the transfer in Belgian law of:
1° 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 user rights in relation to electronic communications networks and services, Directive 2002/58/EC on 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 monitoring the implementation of the legislation in 2009,J
2° 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 electronic communications networks and services, 2002/19/EC on access to electronic communications networks and associated resources, as well as their interconnection, and 2002/20/EC on the authorization of electronic communications networks and services (Official Gazette 18 December 2009, L 337/37).
CHAPTER 2. - Amendments to the Act of 17 January 2003 relating to the status of the regulator of the Belgian postal and telecommunications sectors
Art. 2. In the Act of 17 January 2003 on the Status of the Regulator of the Belgian Post and Telecommunications Sectors, an article 1/1 is inserted as follows:
“Art. 1er/1. Chapters III and V partially transpose the Directive 2009/136/EC of the European Parliament and of the Council of 25 November 2009 amending the Directive 2002/22/EC concerning universal service and user rights in relation to electronic communications networks and services, the Directive 2002/58/EC concerning the processing of personal data and the protection of privacy in the electronic communications sector and the Regulation (EC) no 2006/2004 concerning cooperation between national authorities responsible for "
Art. 3. In section 14 of the Act, replaced by the Act of 20 July 2005 and amended by the Acts of 16 March 2007, 18 May 2009, 13 December 2010 and 31 May 2011, the following amendments are made:
1° in paragraph 1er1° is supplemented by the words "or House of Representatives";
2° in paragraph 2 the following modifications are made:
(a) the 1st is completed by the words “; it must organize such public consultations so that it takes into account the views of end-users, consumers (including, among other things, consumers with disabilities), manufacturers and companies that provide electronic communications networks and/or services on any issue related to all end-user and consumer rights with respect to publicly accessible electronic communications services, in particular where they have a significant impact on the market; These consultations ensure that, when the Institute decides on issues relating to the rights of end-users and consumers with respect to publicly accessible electronic communications services, consumer interests in electronic communications are duly taken into account."
(b) 3°, (a), is supplemented by the words "ENISA, the Agency and the ORECE";
(c) at 3°, insert a g) as follows:
“(g) public services that have competence in public security, security and civil protection, or civil defence, or in crisis planning, security or protection of the economic and scientific potential of the country; »;
3° paragraph 3 is supplemented by the words ", to the extent that this communication is necessary for the fulfilment of the missions of these authorities".
Art. 4. In section 15 of the Act, the following amendments are made:
1° in paragraph 1er, the words "whose King determines the list by order deliberately in the Council of Ministers" are replaced by the words "with the exception of decisions concerning the regulation of the ex ante market and disputes between operators";
2° in paragraph 2, the words "the King sets out the procedures described in this article" are replaced by the words "the King may provide for other exceptions";
Paragraph 3 is repealed.
Art. 5. In Article 16 (1)er, from the same law, it is inserted a sentence between the first sentence ending with the words "the competence of the Institute. and the second sentence beginning with the words "He represents", written as follows:
"He exercises his powers in an impartial, transparent and timely manner. "
Art. 6. In section 17 of the Act, as amended by the Acts of 18 May 2009, 30 December 2009 and 31 May 2011, the following amendments are made:
1° in paragraph 2 paragraph 3 is replaced by the following:
"The members of the Council are appointed as a member or chair for a term of six years. This term may be renewed for a period of six years provided that three consecutive mandates are not exercised, regardless of their nature. »;
2° Paragraph 5 is supplemented by a paragraph which reads as follows:
"The decision to revoke is published in the Belgian Monitor. "
Art. 7. In section 20 of the Act, amended by the Act of 18 May 2009, the following amendments are made:
1° in paragraph 1erthe following amendments are made:
a) at the beginning of the first sentence, the words "In the event of an emergency, where there is a serious and difficult repair, the Commission adopts immediately" are replaced by the words "In the event of a breach of articles 9, 11, 18, 51, 55, 56 or 64 of the law of 13 June 2005 relating to electronic communications or their enforcement measures leading to a serious immediate threat to public order, public safety or public health or
(b) in the Dutch text, at the end of the first sentence, the word "aannemen" is inserted between the words "moorlopige maatregelen" and the words "in bepaalt";
(c) at the end of the first sentence, the words "two months" are replaced by the words "three months, up to three months if the implementation of the enforcement procedures is not completed";
(d) it is inserted a sentence between the first sentence which ends with the words "exceed three months. and the second sentence that begins with the words "The total duration", as follows:
"It can take these measures even if they have an impact on the contractual relations of the parties concerned. »;
(e) the second old sentence, becoming the third sentence, is repealed;
(f) the paragraph shall be supplemented by two subparagraphs as follows:
"In three working days, the interested person may ask to be heard to express his or her views and propose solutions.
If necessary, the Commission may then lift, adapt or confirm interim measures. »;
2° in the Dutch text, in paragraph 2, at the end of the first sentence, the word "Voorzitter" is replaced by the word " voorzitter".
Art. 8. In section 21 of the Act, replaced by the Act of 18 May 2009 and amended by the Act of 13 December 2010, the following amendments are made:
1° paragraph 1er is replaced by the following:
« § 1er. If the Commission has a set of indexes that may indicate an offence to the legislation or regulations that the Institute controls the compliance or decisions taken by the Institute in accordance with that legislation or regulation, the Commission shall report its grievances to the individual and any measures contemplated in paragraph 5 that will be applied in the event of confirmation of the offence. »;
2° in paragraph 2, the words "the offender" are replaced by the words "the interested person";
3° in paragraph 3, the words "The offender" are replaced by the words "The Interested";
4° in paragraph 4, the words "of the offender" are replaced by the words "of the interested person";
Paragraphs 5 and 6 are replaced by the following and supplemented by paragraph 7:
Ҥ 5. If the Commission determines the existence of an offence, the Commission directs that an offence be corrected, either immediately or within the reasonable time limit that it provides.
The order to remedy this may be accompanied by one or more of the following:
1° of the requirements for how to remedy the offence;
2° the payment within the time limit provided by the Commission of an administrative fine for the benefit of the public treasury of not more than 5% of the turnover of the offender realized during the most recent full fiscal year in the field of electronic communications or postal services in Belgium or if the offender does not develop activities making him realize a turnover of not more than 5,000 euros;
3° the order to cease or suspend the provision of a service or a set of services that, if continued, would be likely to interfere significantly with the competition, until the Commission has complied with its access obligations as a result of a market analysis conducted in accordance with the Act of 13 June 2005 on electronic communications.
In the absence of data on the turnover referred to in paragraph 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 offence, the Commission may, after following the procedure provided for in paragraphs 1er to 5, impose an administrative fine with a maximum amount or percentage equal to twice the amount or percentage referred to in paragraph 5, paragraph 2, paragraph 2.
§ 7. If the measures taken pursuant to paragraph 5 did not remedy the offence and if it was a serious or repeated offence, the Commission may also:
1° suspend or remove the assigned user rights, whose conditions have not been met or
2° order the suspension of all or part of the operation of the network or supply of the service in question, as well as the marketing or use of any service or product concerned. »;
6° the article is supplemented by paragraph 8 as follows:
Ҥ 8. Any decision made pursuant to this section shall be notified without delay to the interested person by registered letter and to the Minister and published on the Institute's website.
The decision refers to the reasonable period in which the individual must meet the measure or measures imposed. "
Art. 9. Section 21/1 of the Act, inserted by the Act of 18 May 2009, is repealed.
Art. 10. In Article 23, § 3, of the same law supplemented by the law of May 18, 2009, the following amendments are made:
1st paragraph 1er is supplemented by the words "related to the advertising of the administration";
2° a paragraph written as follows is inserted between subparagraphs 1er and 2:
"When a company submits a document containing data that it considers confidential, it simultaneously transmits a non-confidential version of this document to the Institute. "
Art. 11. In section 34 of the Act, replaced by the Act of May 31, 2011, the following amendments are made:
1st paragraph 1er is replaced by the following:
"The Minister in charge of electronic communications regulations and the Minister in charge of postal services regulation may, each with respect to the Minister, communicate to the Commission their policy priorities for these sectors. »;
2° a paragraph written as follows is inserted between subparagraphs 1er and 2:
"The Council shall establish, within twelve weeks after the appointment of its members and every three years, a three-year strategic plan. The Council submits the draft strategic plan to the approval of the Council of Ministers, with the exception of aspects relating to the regulation of the ex ante market and to disputes between operators whose Council of Ministers only takes note. All members of the Council present the strategic plan as approved in the House of Representatives. »;
Art. 12. In section 35 of the Act, paragraph 1er is completed by the words "and made public by the Institute".
CHAPTER 3. - Amendments to the Electronic Communications Act of 13 June 2005
Art. 13. Article 1er of the Act of 13 June 2005 on electronic communications is supplemented by a paragraph written as follows:
"This Act partially transposes the Directive 2009/136/EC of the European Parliament and of the Council of 25 November 2009 amending the Directive 2002/22/EC concerning the universal service and user rights in relation to electronic communications networks and services, the Directive 2002/58/EC concerning the processing of personal data and the protection of privacy in the electronic communications sector and the Regulation (EC) no 2006/2004 on cooperation between national authorities responsible for the monitoring of "
Art. 14. In section 2 of the Act, as amended by the Acts of 20 July 2006, 25 April 2007 and 18 May 2009, the following amendments are made:
1° to 3°, the following modifications are made:
(a) the words "assets or liabilities" are repealed;
(b) the words ", including network elements that are not active", are inserted between the words "other resources" and the words "that allow";
(c) the words "including satellite networks, fixed terrestrial networks (with switching of circuits or packages, including the Internet) and mobile, the systems using the power grid" are inserted between the words "electromagnetic means" and the words ", to the extent they";
2° to 7°, the words "or an electronic communications service" are inserted between the words "electronic communications network" and the words "indicating geographical position";
3° to 10°, the following modifications are made:
(a) the words "returning" 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 " allowing the transmission of information between network termination points";
4° to 15°, the words "holder of an operator's number for the provision of electronic communications services and" are repealed;
5° to 16°, the following modifications are made:
(a) the words "public electronic communications networks" are replaced by the words "public electronic communications network";
(b) the sentence is supplemented by the words "that may be attached to the number or name of the subscriber";
6° to 17°, the following modifications are made:
(a) the words "associated resources" are replaced by the words "physical infrastructure and other resources or associated elements";
(b) the sentence is supplemented by the words "or have the potential, and include, among other things, buildings or access to buildings, wiring of buildings, antennae, towers and other support constructions, ducts, pipes, pylons, visiting holes and boxes";
7° it is inserted a 17/1° written as follows:
"17/1° "associated services": services associated with an electronic communications network and/or an electronic communications service, which allow and/or support the provision of services via this network and/or that service or have the potential of it, including the conversion of the call number or systems offering equivalent features and conditional access systems as well as other services, such as those relating to identity, location and occupancy, »;
8° 18° is replaced by the following:
"18° "access": the provision of resources and/or services for the provision of electronic communications services, including when used for the provision of services of the information society, to an operator under well-defined and non-exclusive conditions. This includes: access to network elements and associated resources and possibly connection of equipment by fixed or non-fixed means (this includes, in particular, access to the local loop as well as the resources and services required for the provision of services by the local loop); access to physical infrastructure, including buildings, ducts and pylons; access to relevant software systems, including operating support systems; access to information systems or databases for order preparation, procurement, order, maintenance and repair requests and billing; access to the conversion of the call number or systems with equivalent features; access to fixed and mobile networks, including roaming; access to virtual network services; »;
9° 21° is repealed;
10° to 22°, the following modifications are made:
(a) the words "directly or indirectly" are inserted between the words "and receive" and the words "national calls";
(b) the word "phone" is inserted between the words "numbering" and the words "; in addition";
(c) the words "in addition, it may include, where appropriate, one or more of the following services: the provision of assistance by operator/operator, telephone or directory services, the provision of public telephone stations, the provision of a service on special conditions, the provision of special services for persons with disabilities or persons with specific social needs and/or the provision of non-geographical services; are repealed;
11° it is inserted a 22/1° written as follows:
"22/1° "call": a connection established by means of an electronic communications service accessible to the public for bidirectional voice communication; »;
12° to 23°, the following modifications are made:
(a) the words "to the main spreader" are replaced by the words "to a spreader";
(b) the words "public telephone in a specified position" are replaced by the words "fixed public of electronic communications";
13° the 24° is replaced by the following:
"24° "local subcoil": part of a local loop that connects the network termination point to a concentration point or to a specified intermediate point of access of the fixed public electronic communications network; »;
14° to 25°, the following modifications are made:
(a) the words "partial local loop of an operator" are replaced by the words "local subcoil of an operator with significant power in a relevant market";
(b) the words "full spectrum of available frequencies" are replaced by the words "full capacity of network infrastructure";
15° to 26°, the words "digital transmission (bial flow)" are replaced by the words "transport with associated commutation";
16° to 27°, the following modifications are made:
(a) the words "partial local loop of an operator" are replaced by the words "local subcoil of an operator with significant power in a relevant market";
(b) the words "non-voice frequencies of the spectrum available" are replaced by the words "a specified part of the network infrastructure capacity such as part of the frequency or equivalent";
17° it is inserted a 29/1° written as follows:
"29/1° "sheath": envelope used to transfer and protect optical, telephone and/or coaxial cables, and/or network resources; »;
18° it is inserted a 33/1° written as follows:
"33/1° the "attribute of spectrum": the designation of a given frequency band for the purpose of its use by one or more types of radiocommunication services, if any, under defined conditions; »;
19° to 39°, the following modifications are made:
(a) in the Dutch text, the words "doet achteruitgaan" are replaced by the word " verslechtert";
(b) the word "used" is replaced by the word "operating";
20° to 46°, the word "phone" is inserted between the words "numbering" and the words "one part";
21° to 47°, the word "phone" is inserted between the words "numbering" and the words "that is not a number";
22° to 48°, the following modifications 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" are inserted between the words "any operator" and the words "in an area";
23° it is inserted a 48/1° written as follows:
" 48/1° "Internet domain name registration office": an entity that maintains a domain name registry and operates a system so that these domain names can be used to obtain access to Internet protocol addresses or other information via the Internet; »;
24° it is inserted a 48/2° written as follows:
"48/2° "Universal service": a minimum set of services defined in Article 68 of a specified quality, available to all users regardless of their geographical location and given the specific national conditions of an affordable price; »;
25° the article is completed by the 68° written as follows:
"68° "Personal Data Violation": a breach of security that accidentally or unlawfully results in the destruction, loss, alteration, disclosure or unauthorized access of personal data transmitted, stored or otherwise processed in relation to the provision of electronic communications services accessible to the public in the Community; »;
26° the article is completed by the 69° written as follows:
« 69° « ENISA » : European Agency for Network Security and Information established by Regulation (EC) No 460/2004 of the European Parliament and Council of 10 March 2004 establishing the European Agency for Network Security and Information; »;
27° the article is completed by the 70° written as follows:
"70° "ORECE": Organ of European Regulators of Electronic Communications, established by Regulation (EC) No 1211/2009 of the European Parliament and the Council of 25 November 2009 establishing the Organ of European Regulators of Electronic Communications (ORECE) and the Office; »;
28° the article is completed by the 71° written as follows:
"71° "Office" : Office de l'ORECE, established by Article 6 of Regulation (EC) No 1211/2009 of the European Parliament and of the Council of 25 November 2009 establishing the Organization of European Regulators of Electronic Communications (ORECE) and the Office; »;
29° the article is supplemented by the 72° written as follows:
"72° "Priority User": user of electronic communications networks or services that by the tasks it carries out and its activities has a societal function recognized important by the authorities and that by a lack of access to electronic communications services or networks is no longer able to adequately carry out its tasks or activities, which can lead to a situation that may adversely affect public security, or civil security and civil protection, or "
« 30° The article is supplemented by a point 73°, which reads as follows:
"73° "M2M": a communication technology where data are automatically transferred between equipment and applications without or with little human interaction. »
Art. 15. In title IerChapter Ier article 4/1 of the Act reads as follows:
"Art. 4/1. § 1er. Operators give priority access, in the following order, to their networks and services to:
1° emergency services;
2° Priority users whose list is determined by the King after review by the Institute.
The King sets the priority of access between priority users, if any by user group.
The King shall set the time limit in which operators shall implement the measures taken under this article.
§ 2. The King determines the electronic communications services that operators provide in priority in the event of saturation or overload of their networks. In order to ensure this priority, the King may impose on the operators the rules to observe or the measures to be performed, or both. "
Art. 16. In section 6 of the Act, the following amendments are made:
1° in 1°, the words ", including persons with disabilities, older persons and persons with specific social needs" are inserted between the word "users" and the word "remove";
2° the 3° is repealed.
Art. 17. In section 7 of the Act, the following amendments are made:
1° 3° is repealed;
2° in the 4°, the words "and the ORECE" are inserted between the words "the European Commission" and the words "in a transparent way";
3° it is inserted a 5° written as follows:
"5° by supporting the harmonization of specific numbers or numbers in the Community when it contributes both to the proper functioning of the domestic market and to the development of pan-European services. "
Art. 18. In section 8 of the Act, the following amendments are made:
1° to 5°, the following modifications are made:
(a) in the Dutch text the word "ghandicapte" is repealed;
(b) the sentence is supplemented by the words ", old or with specific social needs, in particular in order to ensure access to the services referred to in section 74";
2° to 6°, the sentence is supplemented by the words "and the security of public electronic communications services; »;
3° it is inserted a 7° written as follows:
"7° by promoting the ability of end-users to access and disseminate information and to use applications and services of their choice. "
Art. 19. In title Ier, chapter II of the Act, an article 8/1 is inserted as follows:
"Art. 8/1. § 1er. In carrying out its tasks under this Act, the Institute shall ensure that objective, transparent, non-discriminatory and proportionate regulatory principles are applied, including:
(a) To promote regulatory predictability by ensuring a consistent regulatory approach over appropriate revision periods;
(b) ensure that, in similar circumstances, there is no discrimination in the treatment of companies providing electronic communications networks and services;
(c) preserve competition for consumers and promote, where appropriate, infrastructure-based competition;
(d) promote effective investments and innovations in new and improved infrastructure, including by ensuring that any access obligation takes due account of the risk incurred by companies that invest and permit various modalities of cooperation between investors and those seeking access, in order to diversify the risk of investment, while ensuring that market competition and the principle of non-discrimination are respected;
(e) take due account of the diversity of competition and consumer situations in different geographic areas;
(f) impose ex ante regulatory obligations only when there is no effective and sustainable competition, and suspend or delete them as soon as this condition is met.
§ 2. In carrying out its tasks under this Act, the Institute shall take into account as much as possible the recommendations made by the European Commission pursuant to Article 19 of Directive 2002/21/EC of the European Parliament and the Council of 7 March 2002 on a common regulatory framework for electronic communications networks and services. When the Institute chooses not to follow any of these recommendations, it informs the European Commission of the reasons for its position. "
Art. 20. In article 9, § 5, of the same law, as amended by the laws of 20 July 2006 and 25 April 2007, the words "or services" are inserted between the words "network resale" and the words "electronic communications".
Art. 21. In section 11 of the Act, amended by the Act of 25 April 2007, the following amendments are made:
1° in paragraph 1er, the words ", without prejudice to the competence of the Commission of Ethics for Telecommunications" are inserted between the words "In accordance with the terms fixed by the King after the advice of the Institute" and "the Institute is charged";
Paragraph 7 is replaced by the following:
Ҥ 7. Operators to whom telephone numbers of the national numbering plan have been assigned offer the ease of portability of the numbers.
The King fixes, after the Institute's opinion:
1° the terms and conditions of portability of the numbers, including the division of tasks between the parties concerned by the transfer whose execution time for activation of the number transfer cannot be more than one working day; This period may be incorporated into broader requirements relating to the overall number porting procedure, taking into account the national contracting provisions, the technical feasibility and the need to maintain continuity of service provided to the subscriber who wishes to carry its number, the loss of service provided to the subscriber during the porting procedure not exceeding one working day;
2° the obligations of the operators to provide information to the end users regarding the portability of the numbers;
3° the cost determination methodology for the application of this facility and the allocation of these costs between the parties concerned; these cost-sharing methods and rules may not result in a tariff for subscribers regarding the portability of the numbers that would result in competition distortions or would deter the change of operator; pricing between operators related to the supply of portability of the numbers is also dependent on the cost;
4° Payments due to subscribers in the event of delay in the execution of the transfer. "
Art. 22. In section 12 of the Act, the number "24" is replaced by the number "24/1".
Art. 23. In section 13 of the Act, paragraph 2 is replaced by the following:
"The Institute works with the Communities, the competent authorities of the other Member States and the European Commission on strategic planning, coordination and harmonization of the use of the radio spectrum. ÷ this end, it is taken into account the economic, security, health, public interest, freedom of expression, cultural, scientific, social and technical aspects of the policies of the European Union and the various interests of the communities of users of the radio spectrum with the aim of optimizing the use of the latter and avoiding harmful interference. The Institute thus aims to promote the coordination of policies with respect to the radio spectrum in the European Community and, where appropriate, the establishment of harmonized conditions regarding the availability and effective use of the radio spectrum necessary to:
1° the establishment and operation of the internal electronic communications market;
2° the creation of benefits for consumers, such as economies of scale and interoperability of services.
The Institute ensures that spectrum allocation is based on objective, transparent, non-discriminatory and proportionate criteria.
As part of the management, allocation and coordination of radio frequencies, the Institute takes into account the relevant international agreements, including the ITU Radio Regulations. It may also consider public interest reasons. "
Art. 24. In section 18 of the Act, the following amendments are made:
1° in paragraph 1erthe following amendments are made:
(a) at 1°, the words ", the network" are repealed;
(b) at 1°, the words "the exclusive use of a radio frequency for the transmission of specific content or services" are replaced by the words "cover and quality requirements";
(c) a 9° is inserted as follows:
"9° specific obligations for experimental use of radio frequencies. »;
2° paragraphs 1er/1 to 1er/5 are inserted, as follows:
« § 1er/1. All types of technologies used for electronic communications services may be used in radio frequency bands used entirely or partially for electronic communications services offered to the public.
The King, on the advice of the Institute, may however provide proportionate and non-discriminatory restrictions on the types of wireless technology used for electronic communications services if necessary to:
1° Avoid harmful interference;
2° ensure the technical quality of the 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.
§ 1er/2. All types of electronic communications services may be provided in frequency bands used entirely or partially for electronic communications services offered to the public.
The King, on the advice of the Institute, may, however, provide proportionate and non-discriminatory restrictions on the types of electronic communications services to be provided, including, if necessary, to meet the requirements of the ITU Radio Regulations.
The measures requiring an electronic communications service to be provided in a specific frequency band are justified by the achievement of a general interest objective such as, but not exclusively:
1° the safeguarding of human life;
2° promoting 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 of frequencies can only be taken if it is justified by the need to safeguard 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 ineffective use of radio frequencies.
§ 1er/3. The Institute regularly reviews the need for measures referred to in paragraphs 1er/1 and 1er/2 and publicize the results of this review.
§ 1er/4. Until May 24, 2016, licensees of radio frequency rights that were granted before May 25, 2011 and will remain valid for a period of not less than five years after May 25, 2011, may apply to the Institute for a review, based on paragraphs 1er/1 and 1er/2, restrictions imposed by the King.
Before deciding, the Institute shall notify the licensee of the right to conclude its review of the restrictions and conclusions relating to the extent of that right. The licensee has a period of one month to withdraw its application. If the licensee withdraws its application, the right shall remain unchanged until its expiry or until the date referred to in paragraph 1er at the latest, the closest date being retained.
After the date referred to in paragraph 1er, the Institute shall take all appropriate measures to ensure that all other rights of use and powers of spectrum for the purposes of electronic communications services existing on the date of entry into force of this Act, meet paragraphs 1er/1 and 1er/2.
§ 1er/5. Measures adopted pursuant to paragraph 1er/4 cannot be considered a grant of new user rights. »;
3° paragraph 2 is supplemented by the words ", taking into account the objective pursued, taking due account of the need to provide for an appropriate period for the depreciation of investments".
Art. 25. In section 19 of the Act, the following amendments are made:
1° the current text will form paragraph 1er.
2° in paragraph 1erthe following amendments are made:
(a) in paragraph 1er, the word "transfer" is replaced by the words "deliver or rent";
(b) in paragraph 1er, the second sentence beginning with the words "The Institute marks" and ending with the words "effective and efficient". » is replaced by the following sentence:
"The Institute marks its agreement on assignment or rental provided it complies with the requirements of effective and efficient radio frequency spectrum management. »;
(c) a paragraph to read is inserted between subparagraphs 1er and 2:
"The Institute may, however, refuse the assignment or lease when the operator initially obtained the applicable user right for free. »;
(d) old paragraph 2, becoming paragraph 3, is replaced by the following:
"Unless otherwise decided by the Institute, the assignment or lease of a frequency that is harmonized, does not in any case result in an amendment to the use of this radio frequency or the conditions of its use. »;
(e) in former paragraph 3, becoming paragraph 4, the words "or rental" are inserted between the words "assignment" and the words "use rights";
(f) the paragraph shall be supplemented by a subparagraph as follows:
"The Institute shall ensure that the information given to it is made public pursuant to paragraph 1er and its decisions taken pursuant to this paragraph. »;
3° the article is supplemented by a paragraph 2 written as follows:
“§2. When individual rights of use of radio frequencies are granted for at least 10 years and cannot be granted or leased between operators, the Institute ensures that the criteria for granting these individual rights of use remain applied and are met for the duration of the licence, including on the application of the right holder. When these criteria are no longer applied, the King shall, in accordance with Article 18 § 1er, the right of use, subject to notice and after the expiry of a reasonable period of time, or the right becomes liable or laudable between operators, in accordance with paragraph 1er. "
Art. 26. In the same Act, an article 19/1 is inserted as follows:
"Art. 19/1. The Institute sets out the rules to prevent spectrum thesaurization, including by establishing time limits for the effective use of user rights by their licensee. ÷ this effect, the Institute may take all appropriate measures, including the limitation, withdrawal or sale of a right to use radio frequencies. "
Art. 27. In Article 20, § 2, of the Act, the following amendments are made:
1° the words "or to extend the existing rights in a manner other than those provided by the said rights" are inserted between the words "officiated to the public" and the words "the Institute watches";
2° to 2° the words "or to extend these" are inserted between the words "rights of use" and the words "to be communicated; "
Art. 28. In title II, chapter II, section 2, subsection 2 of the Act, an article 24/1 is inserted as follows:
"Art. 24/1. The Institute does not restrict or withdraw any rights to use radio frequencies prior to the expiry of the period for which they were granted, except in justified cases. "
Art. 29. In the same Act, the title of Chapter 3 of Title 2 is replaced by the following:
CHAPTER III. - Shared use of sites, infrastructure and other network elements."
Art. 30. In Article 25, § 1erin the same law, the words "The operator" are replaced by the words "In order to protect the environment, public health and public safety or for reasons of urban planning or planning, the operator".
Art. 31. In Article 27, § 1erthe following amendments are made to the Act:
1° the words "to the Institute" are inserted after the words "is created";
2° the word "maximum" is inserted between the words "shared" and "the latter".
Art. 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 network elements."
Art. 33. In section 28 of the Act, the words of the first sentence "other sites than those mentioned in Section 1" are replaced by the words:
"1° other sites than those mentioned in Section 1re, i.e. buildings that are not antenna sites within the meaning of Section 1st, as well as their access, wiring, support constructions, kilns, pipes, visiting holes and street cabins;
2° of wiring inside the buildings or up to the first point of concentration or distribution if it is located outside the building and if it is justified because of the fact that the duplication of this type of infrastructure would be from the economic point of view ineffective or unexecutable at the physical level. "
Art. 34. In section 51 of the Act amended by the Act of 18 May 2009, the following amendments are made:
1° in paragraph 1erthe following amendments are made:
(a)the words "If the parties fail to agree during the access negotiations, the Institute" are replaced by the words "The Institute";
(b) the words "and, if necessary, to guarantee" are inserted between the words "to promote" and the words "appropriate access";
(c) the words "or interoperability of services" are inserted between the words "appropriate access" and the words "in accordance with";
(d) The paragraph shall be supplemented by a subparagraph as follows:
"When the Institute intervenes in accordance with paragraph 1erin particular:
1° impose deadlines in which the access or interoperability negotiations of the services must be completed;
2° establish the guiding principles for access or interoperability of services, for which agreement must be reached;
3° in the event that an agreement between the parties cannot be reached, establish the conditions that it considers appropriate in terms of access to be provided or interoperability to be achieved. »;
2° in paragraph 2, the first sentence is supplemented by the words "or interoperability of services";
3° the article is supplemented by paragraphs 3 to 5 as follows:
Ҥ3. The Institute can always and on its own initiative impose obligations on operators to make it accessible to end-users of the national numbering plan numbers and the possible services offered therein.
§ 4. Where technically and economically feasible, except where a subscriber called has chosen, for commercial reasons, to limit access by callers located in certain geographic areas, the Institute can always and on its own initiative, impose obligations on operators in such a way that:
1° make services available to end-users using non-geographical numbers within the European Community;
2° make accessible to end-users the information services of other Member States;
3° make accessible all the numbers assigned within the European Community, regardless of the technology and equipment used by the holder of this issue, including the numbers of the national numbering plans of the Member States, the numbers of the European Telephone Numbering Area and the free international universal numbers.
§ 5. The Institute can always and on its own initiative, but nevertheless on a case-by-case basis, require operators to block access to numbers and services when warranted for fraud or abuse, and that operators deduct interconnection revenues or other related services in such cases. "
Art. 35. In section 52 of the Act, as amended by the Act of 18 May 2009, the words " impose interconnection obligations, it may determine conditions for interconnection to be conferred, which it considers appropriate" are replaced by the words "reports that the obligation referred to in paragraph 1er, is not respected, it may, without prejudice to the application of section 20 or 21 of the Act of 17 January 2003 relating to the status of the regulator of the sectors of Belgian posts and telecommunications, impose the reasonable conditions for interconnection which it considers appropriate and on which the parties must negotiate in good faith".
Art. 36. In section 55 of the Act, amended by the Act of 18 May 2009, the following amendments are made:
1° in paragraph 1erthe following amendments are made:
(a) the words "at least as soon as possible after the adoption of the Recommendation or its revision" are repealed;
(b) the words "of these relevant markets" are replaced by the words "relevant markets taking into account the markets identified in the Recommendation";
(c) it is inserted a sentence between the first sentence which ends with the words "effectively competitive". and the second sentence that begins with the words "The Exchange of Information", written as follows:
"It takes into account as much as possible the guidelines published by the European Commission. »;
(d) the paragraph shall be supplemented by two subparagraphs as follows:
"This market analysis is carried out by the Institute in accordance with Articles 140 to 143/1:
(a) within three years of the Institute's previous decision on this market. However, this period may, on an exceptional basis, be extended up to three additional years when the Institute has notified the European Commission of a reasoned proposal for an extension and that there is no objection within the month following this notification;
(b) within two years of the adoption by the European Commission of a revised recommendation on relevant markets for markets that have not been previously notified to the European Commission.
When the Institute has not completed its market analysis within the time limit set out in paragraph 2, it may request assistance from ORECE to complete the relevant market analysis and specific obligations to be imposed. In this case, the Institute consults within six months the European Commission, ORECE and the national regulatory authorities of the Member States in accordance with Article 141. »;
2° in paragraph 2, the number "65" is replaced by the number "65/1";
3° in paragraph 3, the following modifications are made:
(a) the words "individually or jointly with others" are inserted between the words "any operator with" and the words "significant power";
(b) the words "he imposes those among him" are replaced by the words "decide to impose, maintain or modify";
(c) the number "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:
"When an operator is considered to have significant power in a relevant market (the first market), it can also be considered to have significant power in a closely linked market (the second market). This can be the case when the links between the two markets are such that they allow the powerful operator to use on the second market, by leverage effect, the power it holds on the first market in order to strengthen its power on the market.
In this case, the Institute decides, without prejudice to the application of paragraph 1er, the imposition, maintenance or modification on the second market, of the obligations referred to in sections 58 to 60 and 62, and where these obligations prove insufficient, of the obligations referred to in section 64, which it considers appropriate in order to prevent this leverage effect. »;
(f) in paragraph 5, the words "to the Belgian Monitor and" are repealed;
4° in paragraphs 4 and 4/1, the words "the silence of the Conseil de la concurrence is equivalent to an approval of the above-mentioned draft decision" are each replaced by the words "the opinion of the Conseil de la concurrence is no longer required";
Paragraph 5 is replaced by the following:
"In the case of transnational markets identified in a decision of the European Commission, the Institute conducts the analysis of these markets in conjunction with the national regulatory authorities of the other Member States concerned, taking into account the guidelines. The Institute agrees with the same authorities on the imposition, maintenance, modification or elimination of sectoral regulatory obligations referred to in paragraph 3. "
Art. 37. In section 56 of the Act, amended by the Acts of 18 May 2009 and 31 May 2011, the following amendments are made:
1° in paragraph 1erthe following amendments are made:
(a) the words "Without prejudice to necessity" are replaced by the words "The Institute does not impose any of the obligations set out in sections 58 to 62 on operators who have not been designated as having significant power in a relevant market, without prejudice to the need:"
(b) in the 3rd the words "numbering" are inserted between the words "to space" and the words "European telephone";
(c) the 5th is replaced by the following:
"5° to ensure end-to-end connectivity or, in justified cases and to the extent necessary, the interoperability of services, or to encourage or, where appropriate, ensure adequate access; »;
(d) in the 7th, the words ", the Institute does not impose any of the obligations set out in sections 58 to 62 on operators who have not been designated as having significant power in a relevant market" are repealed;
Paragraph 2 is replaced by the following:
Ҥ2. In exceptional circumstances, where the Institute intends to impose on operators with significant power on a relevant market access obligations other than those set out in sections 58 to 62, it submits this application for approval to the European Commission."
Art. 38. Section 58 of the Act, as amended by the Act of 18 May 2009, is supplemented by a paragraph written as follows:
"Non-discrimination obligations include ensuring that operators apply equivalent conditions in circumstances equivalent to other companies providing equivalent services, and that they provide services and information to others under the same conditions and with the same quality as they provide for their own services, or for those of their subsidiaries or partners. "
Art. 39. In section 59 of the Act, amended by the Act of 18 May 2009, the following amendments are made:
1° in paragraph 1er, the words "such as accounting information, technical specifications, network characteristics, terms and conditions of supply and use as well as prices" are inserted between the words "some information," and the words "defined by";
2° in paragraph 3, the following amendments are made:
(a) in the Dutch text, in paragraph 1erthe word "Onverminderd" is replaced by the word "Nitgenstaande";
(b) in paragraph 1er, the words "al. 2, 1°" are replaced by the words "in relation to wholesale access to network infrastructure";
(c) in paragraph 2, the words "total unbundled access or shared access to the local loop or sub-coal" are replaced by the words "together access to network infrastructure";
(d) in paragraph 2, the words "the King, after notice of" are repealed;
3° in paragraph 5, paragraph 1 is replaced by the following:
"All reference offers are, prior to publication, approved by the Institute.
When the author of the reference offer wishes to amend it, he shall notify the Institute beforehand. It accepts or refuses the desired modification. It may also impose the necessary modifications.
The reference offer is available free of charge, in electronic form, on a freely accessible website. »;
Paragraph 6 is repealed.
Art. 40. In section 61 of the Act, amended by the Act of 18 May 2009, the following amendments are made:
1° in paragraph 1erthe following amendments are made:
(a) 1° is replaced by the following:
"1° to grant third parties access to specific network elements and/or resources, including access to network elements that are not active and/or unbundled access to the local loop, in particular in order to allow the selection and/or pre-selection of operators and/or the offer of resale of subscriber lines; »;
(b) at 6°, the words "resources, including the shared use of cable paths, buildings or pylons" are replaced by the words "related resources";
(c) a 10° shall be inserted as follows:
"10° to provide access to related services such as identity, location and occupation of the subscriber. »;
2° in paragraph 2, the following modifications are made:
(a) at 1°, the words "and access concerned" are replaced by the words" and/or access concerned, including the viability of other access products upstream, such as access to sheaths";
(b) at 3°, the words "without neglecting" are replaced by the words "taking into account the public investments made and";
(c) the 4th is supplemented by the words ", paying particular attention to economically efficient competition based on infrastructure";
3° a paragraph 2/1 is inserted as follows:
Ҥ 2/1. Where the Institute imposes on an operator the obligation to provide access in accordance with the provisions of this Article, it may establish technical or operational conditions to which the provider and/or beneficiaries of access must meet when necessary to ensure the normal operation of the network.
The requirement to meet specific technical standards or specifications must be consistent with the standards and specifications established in accordance with Article 17 of the Directive 2002/21/EC of the European Parliament and the Council of 7 March 2002 on a common regulatory framework for electronic communications networks and services. »;
4° in paragraph 3, paragraph 2, the following amendments are made:
(a) the words "If the parties fail to agree during the access negotiations, the Fixed Institute" are replaced by the words "The Fixed Institute";
(b) the words "when warranted" are inserted between the words "either on its own initiative" and the words "on request".
Art. 41. In section 62 of the Act, the following amendments are made:
1° in paragraph 1erthe following amendments are made:
(a) paragraph 1er is replaced by the following:
"The Institute may, in accordance with section 55, paragraphs 3 and 4/1, impose obligations related to cost recovery and price control, including obligations relating to price orientation based on costs and obligations relating to cost accounting systems, for the provision of specific types of interconnection and/or access, when it appears from an analysis of the market that the operator concerned may, in the case of an effective level of competition, »;
(b) Paragraph 2 is replaced by the following:
"When the Institute imposes one of these obligations on an operator, the costs taken into account are the costs associated with the provision of an effective benefit. »;
(c) the paragraph shall be supplemented by a subparagraph as follows:
"In order to encourage the operator to invest in the next generation networks, the Institute takes into account the investments it has made, and allows for a reasonable remuneration of the appropriate capital involved, given any risk specifically related to a new particular investment project. »;
2° in paragraph 2, paragraph 2 is replaced by the following:
"The Institute can ask the operator to fully justify its rates. If necessary, the Institute may require tariff adjustment. "
Art. 42. Section 63 of the Act, as amended by the Act of 18 May 2009, is repealed.
Art. 43. In Article 64, § 1erParagraph 1erthe following amendments are made to the Act:
1° the number "63" is replaced by the number "62";
2° the number "5" is replaced by the number "4/1";
Art. 44. Section 65 of the Act, as amended by the Act of 18 May 2009, is repealed.
Art. 45. In Title III, Chapter III of the Act, an article 65/1 is inserted as follows:
"Art. 65/1. § 1er. When the Institute concludes that the appropriate obligations imposed under sections 58 to 62 have not allowed for effective competition and that significant competition problems and/or market failures persist with regard to the wholesale provision of certain access products, it may, as an exceptional measure and in accordance with the provisions of section 56, § 2, impose on a vertically integrated operator the obligation to entrust its activities of wholesale provision of the goods.
This economic entity provides access products and services to all operators, including other economic entities within the parent company, on the same terms and conditions, including in terms of tariff and quality of service, and using the same systems and processes.
§ 2. When the Institute intends to impose a functional separation obligation, it submits to the European Commission a proposal that includes:
1° of evidence justifying the conclusion to which the Institute arrived under paragraph 1er;
2° a reasoned assessment that there is little or no prospect of developing effective and sustainable infrastructure-based competition within a reasonable time;
3° an analysis of the intended impact on the Institute, on the operator, in particular on workers of the separate economic entity, on the electronic communications sector as a whole, on incentives for investment in this sector as a whole, on the need to ensure social and territorial cohesion, as well as on other interested parties, including, in particular, on competition, as well as potential effects for consumers;
4° an analysis of the reasons justifying that this obligation would be the most effective way to solve competition problems or market failures identified.
§ 3. The draft measure includes:
1° the specific nature and degree of separation and, in particular, the legal status of the separate economic entity;
2° the list of assets of the separate economic entity as well as the products or services it must provide;
3° the management arrangements to ensure the independence of personnel employed by the separate economic entity and the corresponding incentives;
4° the rules for ensuring compliance;
5° rules to ensure transparency of operational procedures, in particular for other interested parties;
6° a control program to ensure compliance and to publish an annual report.
§ 4. Following the decision of the European Commission on the draft measure, the Institute conducts a coordinated analysis of the various markets related to the access network in accordance with the procedure referred to in articles 54 and 55. Based on its assessment, the Institute imposes, maintains, amends or withdraws obligations in accordance with sections 140, 141 and 143.
§ 5. The functionally independent economic entity of the operator to whom the functional separation has been imposed may be subject to any obligation referred to in Articles 58 to 62 in any relevant market where the operator has been designated as having a significant power in accordance with Article 55, § 3, or to any other obligation imposed after the authorization of the European Commission in accordance with Article 56, § 2. "
Art. 46. In Title III, Chapter III of the Act, an article 65/2 is inserted as follows:
"Art. 65/2. § 1er. The operator who has been designated as having significant power in one or more relevant markets in accordance with Article 55, § 3 shall notify the Institute, six months in advance, to enable it to assess the impact of the proposed transaction, its intention to assign its assets of local access network, or a significant part of them, to a separate legal entity under the control of a third party, or to establish an inclusive economic entity
The operator also notify the Institute of any change in this intention and the final outcome of the separation process.
§ 2. The Institute assesses the impact of the proposed transaction on existing obligations imposed under this Act or section 20 of the Act of 17 January 2003 on the status of the regulator of the Belgian postal and telecommunications sectors.
÷ this effect, the Institute conducts a coordinated analysis of the various access network markets in accordance with the procedure referred to in Articles 54 and 55.
Based on its assessment, the Institute imposes, maintains, amends or withdraws obligations in accordance with sections 140, 141 and 143.
§ 3. The legally and/or functionally distinct economic entity may be subject to any obligation referred to in Articles 58 to 62 in any relevant market where it or the operator who has made the notification in accordance with this Article has been designated as having a significant power in accordance with Article 55, § 3, or any other obligation imposed after the authorization of the European Commission in accordance with Article 56, § 2. "
Art. 47. In section 70 of the Act, the following amendments are made:
1° in paragraph 1erthe following amendments are made:
(a)the words "application" are replaced by the words "reasonable demand";
(b) at 2° the word "phone" is replaced by the words "communication";
2° in paragraph 2, the words "and functional Internet access at a similar price" are inserted between the words "basic public telephone service" and the words "through a connection".
Art. 48. In title IV, chapter 1er, section 2 of the Act, a sub-section 2/1, comprising section 72/1, is inserted as follows:
"Subsection 2/1. Asset cessation
Art. 72/1. Where a provider, designated in accordance with section 71 or 163, intends to assign a substantial or all of its local access network assets to a separate legal entity owned by a different owner, it shall notify the Institute in advance and in due course, in order to enable the Institute to assess the effects of the proposed transaction on the provision of the fixed geographic component of the universal service.
In this case, the Institute may impose, modify or delete the specific obligations imposed under section 71 of the Act. "
Art. 49. Section 73 of the Act is replaced by the following:
"Art. 73. The benefits performed shall be paid under the conditions and procedure set out in sections 100 to 102 for any provider designated under section 71. "
Art. 50. Section 74 of the Act, amended by the Act of 25 April 2007 and partially annulled by Constitutional Court Decision No. 7/2011, is replaced by the following:
"Art. 74. § 1er. The social component of the universal service is the provision by the operators referred to in paragraphs 2 and 3 providing an electronic communications service accessible to the public to consumers of tariff conditions specific to certain categories of beneficiaries.
Recipient categories and tariff conditions referred to in paragraph 1eras well as procedures for obtaining such tariff conditions are set out in the annex.
§ 2. Any operator offering an electronic communications service accessible to the public to consumers whose turnover on publicly accessible electronic communications services is greater than 50 million euros provides the social component of the universal service referred to in paragraph 1er.
The King shall determine the terms and conditions for the transfer of the beneficiaries of an operator who has not been designated in accordance with the procedure referred to in paragraph 1er to an operator who has been designated or made the declaration referred to in paragraph 3.
§ 3. Any operator providing consumers with a public-accessible electronic communications service whose turnover on publicly accessible electronic communications services is less than or equal to 50 million euros and who has declared its intention to the Institute to provide the social component of the universal service referred to in paragraph 1er on a fixed or mobile land network or both, provides this component for a period of five years.
The King, on the proposal of the Institute, sets out the specific content and the terms of the declaration referred to in paragraph 1er.
The King sets out the terms and conditions for the transfer of the beneficiaries of an operator who has not made the declaration referred to in paragraph 1er to an operator who made this statement or to an operator who was designated according to the procedure referred to in paragraph 2, paragraph 1er. "
Art. 51. In the same Act, an article 74/1 is inserted as follows:
"Art. 74/1. § 1er. Where the Institute considers that the provision of the social component may represent an unjustified burden for a provider, it requires each social service provider to provide the information referred to in paragraph 2 and determines the net cost.
§ 2. Each social tariff provider shall communicate to the Institute, in accordance with the terms and conditions established in accordance with Article 137, § 2, no later than 1er August of the calendar year following the year under review, the indexed amount of the cost estimate for the year under review, calculated according to the calculation methodology defined in the annex.
At the latest.er December of the calendar year following the year under review, the Institute calculates The net cost of each provider concerned, in accordance with the calculation methodology defined in the annex.
For each of these providers, the Institute publishes the details of the net cost of the social component, as approved by the Institute. The index used for this purpose is the health index.
§ 3. The Institute establishes the existence of an unwarranted burden for each provider in question, where the provision of the social component of the universal service is excessive in terms of its ability to bear it, taking into account all its own characteristics, including the level of its equipment, its economic and financial situation, and its market share in the marketplace of electronic communications services accessible to the public.
§ 4. It is created a fund for the universal service in the area of social tariffs to compensate each social rate provider for whom the provision of the social component of the universal service represents an unjustified burden and has applied for this purpose to the Institute. The compensation is the net cost borne by the operator for whom the provision of the social component of the universal service represents an unjustified burden. This fund has legal personality and is managed by the Institute.
The fund is financed by contributions from operators offering the social component of the universal service.
Contributions are made on a pro rata basis for their turnover on publicly available electronic communications services.
The turnover taken into account is the turnover before taxes realized on the provision of electronic communications services accessible to the public in the national territory in accordance with Article 95, § 2.
The fund's management costs consist of all costs associated with the operation of the fund, including the costs associated with the definition of a cost model based on an efficient theoretical operator according to the type of electronic communications network by which the social component of the universal service is provided. The King shall, by order deliberately in the Council of Ministers, establish the maximum amount of the fund management costs.
The fund's management costs are funded by the operators referred to in paragraph 2, prorated to their turnover referred to in paragraph 3.
§ 5. The King shall determine, by order deliberately in the Council of Ministers, after the advice of the Institute, the modalities for the operation of this mechanism. "
Art. 52. In the same Act, the title of Section 4 of Chapter 1er Title 4 is replaced by the following:
“Section 4. The provision of public pay telephones and other access points to public voice services."
Art. 53. In section 75 of the Act, the following amendments are made:
1° the current text will form paragraph 1er;
2° in paragraph 1erthe following amendments are made:
(a) the words "public telephone stations" are replaced by the words "public pay telephones or other access points to public voice services";
(b) the sentence is supplemented by the words ", in order to meet the reasonable needs of end-users in terms of geographic coverage, number of telephone stations or other access points, accessibility for end-users with disabilities and quality of services";
3° the article is supplemented by a paragraph 2 written as follows:
Ҥ2. The Institute may decide that the obligations referred to in paragraph 1er imposed on an operator may be partially or totally lifted if it has the assurance that these services or comparable services are widely accessible. Before making its decision, the Institute shall consult on the terms and conditions of section 139. "
Art. 54. In Article 76, § 1er, from the same law, the words "The King" are replaced by the words "If the Institute decides to impose on an operator the provision of public pay telephones, the King".
Art. 55. Section 78 of the Act is replaced by the following:
"Art. 78. The benefits performed shall be paid according to the conditions and procedure set out in sections 100 to 102 for any provider designated under section 76, § 2 or 3. "
Art. 56. In section 79 of the Act, the following amendments are made:
1° the current text will form paragraph 1er;
2° the article is supplemented by a paragraph 2 written as follows:
Ҥ2. The King may decide by royal decree deliberated in the Council of Ministers, on the advice of the Institute, that no obligations referred to in paragraph 1 shall be imposeder to an operator if it has the assurance that these services or comparable services are widely accessible. Before submitting its opinion, the Institute shall consult on the terms and conditions of section 139. "
Art. 57. Section 85 of the Act is replaced by the following:
"Art. 85. The benefits performed shall be paid according to the conditions and procedure set out in sections 100 to 102 for any provider designated under section 80, § 2 or 3. "
Art. 58. In section 86 of the Act, the following amendments are made:
1° the current text will form paragraph 1er;
2° the article is supplemented by a paragraph 2 written as follows:
Ҥ2. The King may decide by order deliberately in the Council of Ministers, on the advice of the Institute, that no obligations referred to in paragraph 1 shall be imposeder to an operator if it has the assurance that these services or comparable services are widely accessible. Before rendering its opinion, the Institute shall consult on the terms and conditions of section 139. "
Art. 59. Section 91 of the Act is replaced by the following:
"Art. 91. The benefits performed shall be paid according to the conditions and procedure set out in sections 100 to 102 for any provider designated under section 87, § 2 or 3. "
Art. 60. In section 100 of the Act, as amended by the Act of 25 April 2007, the following amendments are made:
1° in paragraph 1er, the word "September" is replaced by the word "August";
2° in paragraph 2, the word "November" is replaced by the word "December";
3° the article is supplemented by a paragraph written as follows:
"The Institute establishes the existence of an unjustified burden for each provider concerned, where the provision of the universal service is excessive in terms of its ability to support it in the light of all its own characteristics, including the level of its equipment, its economic and financial situation and its market share in the telephony market accessible to the public. "
Art. 61. In section 101, paragraph 1erof the same Act, as amended by the Act of 25 April 2007, the following amendments are made:
1° the words "with the exception of the social component" are repealed;
2° the paragraph is supplemented by the words "provided that the Institute has established the existence of an unjustified burden for the provider concerned".
Art. 62. Section 103 of the Act is supplemented by a paragraph written as follows:
"The Institute shall promptly notify the European Commission of the universal service obligations imposed on providers and the amendments thereto. "
Art. 63. In the same Act, the title of Chapter 2 of Title 4 is replaced by the following:
CHAPTER II. - Public service."
Art. 64. In the Dutch text, in Article 106, § 1erParagraph 1er, the word "bescherming" is replaced by the word " verdediging".
Art. 65. In section 107 of the Act, as amended by the Acts of 20 July 2005, 20 July 2006, 25 April 2007, 18 May 2009 and 31 May 2011, the following amendments are made:
1° it is inserted a paragraph 1er/1 to read:
« § 1er/1. Companies providing accessible telephone services to the public, where appropriate in coordination with companies that provide the underlying public electronic communications networks, all necessary measures, including preventive measures, to ensure uninterrupted access to emergency services.
The King may, after the advice of the Institute, establish the conditions and terms of the measures referred to in paragraph 1er.
The King may require companies that provide public electronic communications networks as well as companies that provide electronic communications services accessible to the public, in particular, to inform subscribers of any changes in access to emergency services or information regarding the location of the caller in the service to which they subscribed.
Before imposing any obligation, the King may, if he deems it appropriate, promote self-regulation or co-regulation measures.
Companies providing end-users with an electronic communications service that allows for outgoing national calls by dialing one or more numbers of the national telephone numbering plan, shall, where appropriate, coordinate with companies that provide the underlying public electronic communications networks, all reasonable and necessary measures, including preventive measures, to promote uninterrupted access to emergency services.
The operators concerned provide in coordination with the companies that provide the underlying public electronic communications networks - the information regarding the location of the caller to emergency services management centres providing assistance on site, as soon as the call reaches them. The Institute defines, in consultation with the relevant emergency services, the criteria for the accuracy and reliability of the caller's location information provided.
After consultation with emergency services and suppliers, the Institute defines how companies providing end-users with an electronic communications service that allows for outgoing national calls by calling one or more numbers of the national telephone numbering plan provide access to emergency services and the conditions under which they are submitted to provide such access. »;
2° in paragraph 2, the following modifications are made:
(a) in paragraph 1erthe words "to the extent that this is technically feasible" are repealed;
(b) Two sub-items are inserted between paragraphs 2 and 3:
"Invest and operating costs for databases of caller identification data and access lines used by emergency services to consult these databases are borne by operators.
If an operator provides its own commercial services for the provision of location data to subscribers, then the accuracy of the location data that are part of the caller's identification during an emergency call and that must be provided to emergency services providing on-site assistance in accordance with this paragraph and the speed at which it is transmitted to the emergency service concerned must be at least equal to the best quality offered at the commercial level by that operator."
Paragraphs 4 and 5 are repealed.
Art. 66. In the same Act, an article 107/1 is inserted as follows:
« § 1er. A fund for emergency services offering on-site assistance is created to reimburse them, as well as to the organization that is responsible by the public authorities to operate their management facilities, the costs referred to in paragraph 2. This fund has legal personality and is managed by the Institute.
The obligations contained in this section are also applicable when emergency service management stations offering on-site assistance are operated by an organization that is responsible for this task by the public authorities or when the costs are borne by that organization.
§ 2. Where, as a result of the application by an operator of a technology or technology on its network, service or on a database referred to in Article 107, § 2, emergency service management stations offering on-site assistance are no longer able to process the data referred to in Article 107, § 2, paragraph 1er, or the messages referred to in Article 107, § 2/1, this operator shall bear the costs of adaptations to the central interfaces of these stations that are necessary so that they may again process these data or messages and the costs of maintaining them in service.
Where under a new regulatory provision, operators offering a specified electronic communications service are required for the first time to provide the data referred to in Article 107, § 2, paragraph 1er, to emergency service management stations offering on-site assistance, or are required to provide them under other conditions, these operators support the costs of adapting to the central interfaces of these stations that are necessary so that they can process these data and the costs of maintaining them in service.
The operators involved in the implementation of Article 107, § 2/1, support the costs of adaptations to the central interfaces of the management power plants that are necessary so that they can handle the messages referred to in this Article, as well as the costs of maintaining them in service.
For the application of paragraphs 1er to 3 of this paragraph, the costs to be borne by the operators bear, in addition to the costs of adaptation within their own network, only on the investment costs that can be directly attributed to the adaptations of these central interfaces and on the operating costs that can be directly attributed to the maintenance in service of these adaptations.
In this article, all costs incurred by emergency services must be understood by investment costs following the allocation of human or material means, which are necessary for the planning, implementation and testing of the adaptation of the central interface. Operating costs include all operational costs, including maintenance costs, that are borne by emergency services and that are necessary to ensure the operation of the central interface adaptation on a permanent basis.
The total amount of contributions from operators to the fund cannot exceed the amount of costs approved by the Institute.
§ 3. For each adaptation to the central interfaces of the management plants that give rise to a repayment by the fund, the costs of this adaptation or maintenance in service of this adaptation are distributed among the operators involved in the adaptation concerned proportionally to the number of active end-users to which each of them offered the electronic communications service concerned by the adaptation to 1er September of the year in which these costs were exposed by emergency services.
When the relevant electronic communications service was not offered by any relevant operator on that date, the number of active end-users is calculated as 1er September of the following year.
By active end-users, it is necessary to hear all end-users who, during the preceding six months, had a specified date, or for some of those six months, could use the service.
§ 4. The fund management costs are borne by the operators who contribute to the fund, in proportion to their contribution set out in paragraph 3. These fees are reimbursed by the fund to the Institute.
Management costs include all the costs that the Institute presents by assigning to the fund human, financial and material resources, including costs to the Institute arising from the use of external experts.
§ 5. The King sets out by order deliberately in the Council of Ministers, on the proposal of the Minister in charge of emergency services providing on-site assistance and the Minister in charge of electronic communications, after the Institute's opinion, the modalities for the operation of this fund.
The King predetermines by a Royal Decree deliberated in the Council of Ministers in an objective and transparent manner the parameters on which costs are determined. The calculation and the amount of costs are verified and approved by the Institute on the basis of the principles established by the King. The King sets out, by order deliberately in the Council of Ministers, the terms for the reimbursement of a possible overcompensation. »
Art. 67. In section 108 of the Act, the following amendments are made:
1° in paragraph 1erthe following amendments are made:
(a) the words "with the purpose of providing a connection and/or access to a public telephone network is materially made available to the subscriber and" are replaced by the words "with the purpose of providing a connection to the public electronic communications network or the provision of electronic communications services accessible to the public";
(b) the words "in a clear, detailed and easily accessible form" are inserted after the words "the following information";
(c) (b) and (c) are replaced by the following:
“(b) the services provided, including:
- whether access to emergency services and information regarding the location of the caller is provided or not and if there are limitations on the availability of the European Single Emergency Call Number;
- information on any other conditions limiting access to and/or use of services and applications, where these conditions are permitted under the legal and regulatory provisions and information relating to the speed and volume of download of a high-speed connection that is measured in accordance with the method determined by the Institute;
- the minimum quality levels of the services offered, i.e. the time required for the initial connection and, where applicable, other quality of service indicators, as defined by the Institute;
- information on any procedure put in place by the company to measure and guide traffic in order to avoid saturating or oversaturating a line of the network, and information on how these procedures could affect the quality of the service;
- the types of maintenance services offered and the customer support services provided, as well as the modalities for contacting these services;
- any restrictions imposed by the supplier on the use of terminal equipment provided;
(c) where an obligation exists under section 133, the options available to the subscriber to include or not his personal data in a directory or telephone information service and the data concerned; »;
(d) in the Dutch text, in (d) the words "bijzonderheden van" are replaced by the words "het detail van de toegepaste";
(e) the d) is supplemented by the words ", proposed payment methods and possible cost differences related to the method of payment";
(f) the e) is supplemented by the words “including:
- any use or minimum duration required for promotion;
- if applicable, any charges related to the portability of the numbers and other identifiers:
- where applicable, any costs incurred at the time of termination of the contract, including the recovery of the costs associated with terminal equipment if the acquisition of terminal equipment is related to the subscription for a specified period of time, a refund table is annexed, which includes the residual value of the terminal equipment for each month of the duration of the fixed-term contract. A linear amortization method is used to calculate the monthly depreciation of terminal equipment; the amortization table indicating the residual value of the terminal equipment cannot exceed a maximum amortization time of four months;
(g) in (f), the words "quality levels of services provided in the contract are not met" are replaced by the words "it is not satisfied with the elements mentioned in (b)";
(h) it is inserted as follows:
"(h) the type of action that may be taken by the company to respond to a security or integrity incident or to respond to threats and vulnerabilities. »;
"(i) the overall price for the joint offer of several electronic communications services; »;
(i) The paragraph shall be supplemented by a subparagraph as follows:
"Without prejudice to the application of paragraph 2, the contract referred to in this paragraph is updated, whenever changes are made to the information referred to in paragraph 1er.
2° it is inserted a paragraph 1er/1, as follows:
« § 1er/1. Without prejudice to Article 111/3, the replacement by the same operator of a fixed-term contract or an indefinite-term contract with a consumer or subscriber who has no more than five numbers, with the exception of the M2M service numbers, by a new fixed-term contract is only possible provided that the operator:
1° has previously notified the consumer or subscriber concerned in writing that:
- by not accepting the replacement, its fixed-term contract in progress will be converted by application of section 82 of the Act of 6 April 2010 relating to market practices and consumer protection on its due date to an indefinite contract, under the same conditions and free resilient at any time, subject to the applicable notice period of up to two months, and
- by accepting the replacement, its current contract will be replaced by a new fixed-term contract, which will only be terminated before the due date through the payment of a rupture allowance, the amount of which will also be communicated to the consumer or subscriber concerned, and
2° has received the express and written agreement of the consumer or subscriber concerned. »;
3° in paragraph 2, the following modifications are made:
(a) in paragraph 1er, the words "of Chapter V, Section 2 of the Act of 14 July 1991 on trade practices and information and consumer protection" are replaced by the words "of Chapter 3, section 6 of the Act of 6 April 2010 on market practices and consumer protection";
(b) in paragraph 1er, the words "contractual conditions" are not replaced by the words "of a contract clause";
(c) in paragraph 2, the words ", unless the general conditions provide for an increase in the Consumer Price Index" are repealed;
(d) The paragraph shall be supplemented by a subparagraph as follows:
"The Institute may determine the cases in which notifications referred to in this paragraph must be made and their format. »;
Paragraph 3 is replaced by the following:
Ҥ3. When the contract referred to in paragraph 1er is concluded with a consumer, the initial contract term cannot exceed twenty-four months.
Operators offer their customers in all cases the possibility to enter into a contract with a maximum initial duration of twelve months. "
Art. 68. In section 109 of the Act, the words "of the telephone service accessible to the public" are replaced by the words "charged by an operator, including any costs that may be considered in the event of a contract termination".
Art. 69. In section 110 of the Act, as amended by the Acts of 27 December 2005, 18 May 2009 and 31 May 2011, the following amendments are made:
1° in paragraph 1erthe following amendments are made:
(a)the words ", with the exception of numbers for M2M services" are inserted between the words "with a maximum of five numbers" and the words "a detailed basic invoice";
(b) Paragraph 1er is supplemented by a paragraph that reads as follows:
"This section does not derogate from the rights of persons affected by the processing of data, granted by section 10 of the Privacy Act of 8 December 1992 in respect of personal data processing. »;
Paragraph 2 is replaced by the following:
“§2. On request, subscribers can obtain a more detailed version of the basic invoice they received. »
Art. 70. In the same Act, an article 110/1 is inserted as follows:
“Art. 110/1. Without prejudice to section 110, § 4, the subscriber may always require that the operator provide, at his request, free of charge, more advantageous alternative tariff plans from the operator, taking into account his consumption profile. The request for information must be submitted in a simple manner, and the operator must respond within a maximum of two weeks. "
Art. 71. Section 111 of the Act is replaced by the following:
"Art. 111. § 1er. Operators publish and/or disseminate transparent, comparable, adequate and up-to-date information on:
1° access to their networks and services;
2° the use of these networks and services;
3° prices and prices;
4° any costs due at the time of termination of the contract.
This information is published in a clear, detailed and easily accessible format. The Institute sets out the precise content of the information to be published and/or disseminated as well as the terms and conditions of their publication and/or dissemination.
Operators shall communicate to the Institute the information they will publish or disseminate as well as the changes to this information no later than fifteen working days before publication.
§ 2. Operators make a fact sheet for each service they offer for the sale to consumers and end-users whose content is determined by the King, after the Institute's opinion.
The information sheet is made available to the consumer and the end user wherever the operator offers its services for sale. The information sheet is presented at the latest at the time of the formulation of the contract offer to the consumer and the end user and is then attached to the contract.
The consumer and the end user can at any time request that the information sheet be sent to him.
§ 3. It facilitates the provision of comparable information to allow consumers and end-users to conduct an independent assessment of the cost of alternative use plans, for example through interactive guides or similar techniques.
In addition, in accordance with the terms set by ministerial order after the Institute's opinion, the latter provides on its website current information allowing the consumer and the end user to evaluate the most advantageous offer for him in the light of its plan of use.
÷ this effect, each operator introduces its tariff plans, i.e. all tariffs as well as the contractual and technical aspects that constitute a commercial offer, as well as their amendments to the electronic rate comparison application on the Institute's website at least fifteen working days before publication. At the same time, the operator will provide the Institute with a complete description of any new tariff plan, any changes to a tariff plan and an electronic link to the existing or developing Internet page on which the tariff plan is described.
Third parties have the right to use freely information published by companies that provide accessible electronic communications networks and/or services to the public for the purposes of the sale or provision of similar interactive or technical guides referred to in paragraph 1er. "
Art. 72. In the same Act, an article 111/1 is inserted as follows:
“Art. 111/1. The Institute may require companies that provide public electronic communications networks and/or electronic communications services accessible to the public, including:
1° provide subscribers with information on the applicable rates for a number or service subject to specific tariff conditions; for certain categories of services, the Institute may require that this information be provided immediately before connecting the call;
2° inform subscribers of any changes to the legally authorized conditions limiting access to services or applications and/or their use;
3° inform subscribers of their right to decide whether or not to include personal data concerning them in a directory and the types of data concerned in accordance with section 133; and
4° regularly provide the disabled subscribers with detailed information on their products and services. "
Art. 73. In the same law, an article 111/2 is inserted as follows:
"Art. 111/2. § 1er. The King sets out, after the Institute's notice, the technical methods, the deadlines for execution and the reporting obligations that the operators concerned must apply when a end user abandons an operator's electronic communications service to obtain an electronic communications service from another operator.
These rules relate, among other things, to the allocation 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 and the obligations of the operators to provide information to the end users.
§ 2. The activation of a pre-selection service or a service with similar operation, the transfer of an Internet access service or a number by an operator without the express written consent of the end user, and without clear information regarding the pre-selection service, the service having similar operation, the Internet access service or the transfer of the number, is prohibited.
The deactivation of a pre-selection service or service with similar operation by the service provider in question is possible:
1° with the express and prior agreement of the end user;
2° when the end user does not comply with the material obligations of the contract with the pre-selection service provider or service with similar operation, and after the end user has clearly informed the end user of the consequences of the deactivation of its pre-selection service or of a service with similar operation.
The deactivation of a pre-selection or mechanism with similar operation by the access operator is possible:
1° after prior request by the pre-selection or service provider with similar operation for the cases referred to in paragraph 2, 1°;
2° with the written express consent of the end user, and after the delivery of clear information on the effects of the deactivation of the pre-selection or mechanism having similar operation;
3° because of the existence of technical limitations defined and recognized by the Institute, after prior authorization from the Minister.
A person who wrongly asks an operator to transfer a number or Internet access service or to activate or disable a pre-selection or mechanism that has similar operation, or a pre-selection service of the operator or a service that has similar operation, or a person who mistakenly disables a pre-selection of the operator that has rightly activated or a mechanism that has similar operation may not require the user to If applicable, it reimburses the amounts already collected. In addition, it is required to pay a flat-rate intervention of 750 euros to the company which thus temporarily loses a final user as a customer.
A complaint regarding the application of this section may be filed with the Communications Mediation Service.
The Telecommunications Mediation Service may refuse to deal with a complaint if it turns out that the facts that gave rise to the complaint occurred more than a year before the complaint was filed. "
Art. 74. In the same law, an article 111/3 is inserted as follows:
"Art. 111/3. § 1er. Termination by the subscriber of the contract referred to in Article 108, § 1er, can be done by any written means and without having to indicate the reasons. The contract is terminated at the time chosen by the subscriber, even immediately. The operator shall terminate the service concerned as soon as possible in the light of the technique and communicate to the subscriber a written confirmation.
§ 2. There is no right, without prejudice to the application of Chapter III, Section 6 of the Act of 6 April 2010 on market practices and consumer protection, clauses and conditions or combinations of clauses and conditions related to termination in contracts between an operator and a subscriber, which aim to make it impossible or to discourage the change of operator or the use of the facility referred to in Article 11, without prejudice to the application of Chapter III.
The contract remains binding on the parties if it can continue to exist without the null clauses or conditions.
§ 3. Without prejudice to the provision of paragraph 2, the operator may not claim compensation to a consumer or subscriber who does not have more than five call numbers, with the exception of the number for M2M services, for the termination of an indefinite contract or for the early termination of a fixed-term contract at the end of the sixth month following the entry into force.
The compensation that an operator may claim in the first six months in the event of an advance termination of a fixed-term contract by a consumer or subscriber who has no more than five appeal numbers may not, without prejudice to the provision in paragraph 3, exceed the subscription fee that would still be payable until the end of the sixth month following the entry into force of the contract in the case
In the event of an early termination of the contract, an additional allowance may be sought from the consumer or a subscriber who has no more than five call numbers that have received, free of charge or at a lower price, a product whose obtaining was related to the subscription to a fixed-term subscription, which may not, however, exceed the residual value of the product at the time of the termination of the contract, in accordance with Article 108, § 1er, e), last shot. "
Art. 75. Section 112 of the Act, repealed by the Act of 6 April 2010, is reinstated in the following wording:
"Art. 112. The King, after the Institute's advice, sets out the mechanisms offered by operators to control the costs of electronic communications services, including free alerts to consumers in the event of abnormal or excessive consumption patterns. Operators give their customers free opportunity to set a financial ceiling or expressed in volume among the ceilings fixed in a list established by the Institute. By default, a ceiling is fixed by the Institute. "
Art. 76. Section 113 of the Act, as amended by the Act of 25 April 2007, is replaced by the following:
"Art. 113. § 1er. The Institute coordinates initiatives on the quality of public electronic communications networks and publicly accessible electronic communications services.
§ 2. Companies providing public electronic communications networks as well as companies providing publicly accessible electronic communications services must publish on their website, for end-users, comparable, adequate and up-to-date information on the quality of the network and service and on the measures taken to ensure access to end-users with disabilities. Information is also provided to the Institute prior to publication.
§ 3. The lnstitut may, among other things, determine the parameters to be used for the quality of the network and service, as well as the content, form and method of publication of the information, including possible quality assurance mechanisms, to ensure that end-users, including end-users with disabilities, have access to complete, comparable and easy-to-use information.
§ 4. In order to prevent service degradation and obstruction or slowing traffic on networks, the Institute may impose minimum service quality requirements on public electronic communications network providers.
The Institute provides the European Commission, in a timely manner prior to the establishment of these requirements, with a summary of the reasons for their intervention, the proposed requirements and the proposed approach. This information is also made available to ORECE. The Institute takes into account the comments or recommendations of the European Commission as much as possible.
§ 5. Companies providing public electronic communications networks as well as companies providing publicly accessible electronic communications services provide the Institute with information on any procedure established by the supplier to measure and guide traffic in order to avoid saturation or overloading of a network line.
These same companies publish on their website, for end-users, information on the potential impact of these procedures on the quality of service. Information is also provided to the Institute prior to publication.
The Institute has a period of one month to make its possible observations. Companies can only publish the information after taking these observations into account.
§ 6. Companies providing public electronic communications networks as well as companies providing publicly accessible electronic communications services, at the Institute's request, publish information of public interest, using the same means as those normally used to communicate with new or existing subscribers. This information is provided by the Institute, following the advice of the Privacy Commission, in a standardized form and includes, inter alia, the following:
1° the most common modes of use of electronic communications services to engage in illicit activities or to disseminate harmful content, in particular where they may affect the respect of the rights and freedoms of others, including infringements of copyright and neighbouring rights, and the legal consequences of such uses and
2° means of protection against risks of personal security, privacy and personal data in the use of electronic communications services. "
Art. 77. In the same Act, an article 113/1 is inserted as follows:
“Art. 113/1. The Institute coordinates initiatives related to the safety of public electronic communications networks and publicly accessible electronic communications services.
It oversees the detection, observation and analysis of security issues, and can provide users with relevant information.
Companies providing publicly accessible electronic communications services must publish on their website, for end-users, comparable, adequate and up-to-date information regarding secure access to their services. Information is also provided to the Institute prior to publication. "
Art. 78. In the same Act, an article 113/2 is inserted as follows:
"Art. 113/2. The King may, on the proposal of the Institute, set the terms and conditions of the measures relating to the compensations to subscribers in the event of a service interruption. "
Art. 79. Section 114 of the Act, as amended by the Act of 25 April 2007, is replaced by the following:
"Art. 114. § 1er. Companies providing public electronic communications networks or electronic communications services accessible to the public shall take appropriate technical and organizational measures to manage the safety risk of networks and services in an appropriate manner, if necessary jointly with respect to network security. Given the most recent technical possibilities, these measures guarantee a level of security appropriate to existing risks. Measures are being taken to minimize the impact of security incidents on users and interconnected networks.
The electronic communications software provider also takes these steps.
§ 2. Without prejudice to the Act of 8 December 1992 on the protection of privacy with respect to personal data processing, the measures provided for in paragraph 1er that companies providing electronic communications services that are accessible to the public, when they relate to personal data, are at least directed to:
- ensure that only persons authorized to act for legally authorized purposes have access to personal data;
- protect personal data stored or transmitted against accidental or unlawful destruction, accidental loss or alteration and unauthorised or unlawful storage, processing, access and disclosure; and
- ensure the implementation of a security policy relating to the processing of personal data.
The Institute is empowered to verify the measures taken by publicly accessible electronic communications service providers, as well as to make recommendations on best practices regarding the degree of security that these measures should achieve.
§ 3. Companies providing public electronic communications networks shall take all necessary measures, including preventive measures, to:
1° ensure the integrity of their network and thus ensure the continuity of services provided on this network;
2° ensure the fullest possible availability of accessible telephone services to the public provided via their network in case of catastrophic network failure or force majeure.
The King may, after the advice of the Institute, establish the conditions and terms of the measures referred to in paragraph 1er.
§ 4. Companies providing public electronic communications networks or electronic communications services accessible to the public offer their subscribers free of charge, given the state of the technology, adequate security services, in order to enable end-users to avoid any undesired form of electronic communication. Software providers for electronic communications are also obliged to do so vis-à-vis their customers. "
Art. 80. In the same Act, an article 114/1 is inserted as follows:
“Art. 114/1. § 1er. Where there is a particular risk of a breach of network security, companies providing an electronic communications service accessible to the public inform subscribers and the Institute of this risk and, if the measures that may be taken by the carriers providing the service do not permit to deviate it, of any possible means to remedy it, including by indicating the probable cost.
§ 2. Companies providing public communications networks or electronic communications services accessible to the public shall promptly notify the Institute of any breach of security or loss of integrity that has had a significant impact on the operation of networks or services. After the Minister's prior authorization, the Institute sets out the assumptions that a breach of security or loss of integrity has a significant impact within the meaning of this paragraph.
Where applicable, the Institute shall inform the regulatory authorities of the relevant communities on electronic communications networks, the national regulatory authorities of other Member States and ENISA. The Institute may inform the public or require companies to do so, as long as it finds that it is of public utility to disclose the facts.
Once a year, the Institute shall submit to the European Commission and ENISA a brief report on notifications received and action taken in accordance with this paragraph.
§ 3. In the event of a breach of the security of a public-accessible electronic communications service in respect of personal data, the company providing accessible electronic communications services to the public shall promptly notify the Institute of the violation of personal data. Where the violation of personal data is likely to negatively affect personal data or the privacy of a subscriber or individual, the company providing accessible electronic communications services to the public shall also promptly notify the subscriber or individual concerned of the violation.
Notification of a violation of personal data to the subscriber or the individual concerned is not necessary if the company providing accessible electronic communications services to the public has proven, to the satisfaction of the Institute, that it has implemented appropriate technological protection measures and that the latter have been applied to the data affected by the violation. Such technological protection measures make the data incomprehensible to any person who is not authorized to access it.
Without prejudice to the obligation of the company providing electronic communications services accessible to the public to inform the subscribers and the individuals concerned, if the company providing electronic communications services accessible to the public has not already notified the subscriber or the individual of the violation of personal data, the Institute may, after having examined the possible negative effects of this violation, require it to enforce it.
The notification to the subscriber or the individual describes at least the nature of the personal data violation and the points of contact with 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 also describes the consequences of the violation of personal data, and the measures proposed or taken by the company providing electronic communications services accessible to the public to remedy it.
§ 4. Subject to possible technical measures from the European Commission pursuant to Article 4, item 5, of Directive 2002/58/EC, and after the advice of the Commission on the Protection of Privacy, the Institute may adopt guidelines and, where appropriate, issue instructions specifying the circumstances under which companies providing accessible electronic communications services to the public are required to notify the violation of personal data, the format applicable to that notification.
Companies providing publicly accessible electronic communications services keep up to date an inventory of personal data violations, including their context, their effects and the measures taken to address them, so that the Institute can verify compliance with the provisions of this paragraph. This inventory contains only the information required for this purpose. "
Art. 81. In the same Act, an article 114/2 is inserted as follows:
“Art. 114/2. § 1er. The Institute has the authority to give binding instructions, including on deadlines for implementation, to companies providing public electronic communications networks or electronic communications services accessible to the public, for the purposes of sections 114 and 114/1.
§ 2. Companies providing public communications networks or electronic communications services accessible to the public shall, upon request, provide the Institute with all information necessary to assess the security or integrity, or both, of their services and networks, including documents relating to their security policy.
At the request of the Institute, companies providing public communications networks or publicly accessible electronic communications services are subject to security control by an independent qualified organization or the Institute itself. The King, after the Institute's advice, determines the conditions to be met by qualified independent bodies and the terms and conditions of security control. The report and the results of this security check are communicated to the Institute. The cost of control is the responsibility of the company.
The provisions of this paragraph are also applicable to Article 106, § 2. "
Art. 82. In section 115 of the Act, as amended by the Act of 20 July 2005, the following amendments are made:
1° in paragraph 1erthe following amendments are made:
(a) at 1° the words "and priority services defined by the King after the advice of the Institute" are repealed;
(b) a 1° /1 is inserted as follows:
"1° /1 Priority users whose list is determined by the King after the Institute's opinion; »;
2° the article is supplemented by three paragraphs written as follows:
"The operators ensure that the time for an intrusion does not exceed 24 hours for the persons mentioned in paragraph 1er, 1°, 1° /1 and 2°, including Saturday, Sunday and holidays.
These specific requirements are met without cost supplement for beneficiaries.
The specific supply modalities applied to persons referred to in paragraph 1er, 1°, 1° /1 and 2° are also the subject of the evaluation and opinion of the Institute referred to in section 103. "
Art. 83. In section 117 of the Act, the following amendments are made:
1° in paragraph 1erthe following amendments are made:
(a) the words "The Minister" are replaced by the words "The Institute";
(b) the words ", after notice by the Institute", are repealed;
(c) the words "final users" are replaced by the word "consumer";
(d) the words "public telephone networks" are replaced by the words "public electronic communications networks";
2° in paragraph 2, the word "Minister" is replaced by the word "King".
Art. 84. In section 118 of the Act, the following amendments are made:
1° the words "The Minister" are replaced by the words "The Institute";
2° the words ", after the Institute's opinion," are repealed;
3° the words "subscribers" are replaced by the word "consumer";
4° the words "public telephone network" are replaced by the words "public electronic communications network".
Art. 85. Section 120 of the Act, replaced by the Act of 25 April 2007, is replaced by the following:
"Art. 120. At the request of the subscriber, the operators who provide an electronic communications service block free incoming or outgoing messages or communications, as well as outgoing calls to certain categories of numbers and, where applicable, from certain categories of numbers, as defined by the Minister, following the advice of the Institute and the Commission of Ethics for Telecommunications. "
Art. 86. In section 121 of the Act, the following amendments are made:
1° in paragraph 1erthe following amendments are made:
(a) the words ", after the opinion of the Telecommunications Advisory Committee and the Institute", are inserted between the words "The King Fixes" and the words "conditions according to";
(b) the words "public telephone networks" are replaced by the words "public electronic communications networks or telephone services accessible to the public,"
2° in paragraph 2 the words "in all or part of the territory" are replaced by the words "in part of the territory";
3° the article is supplemented by a paragraph 3 written as follows:
Ҥ3. Operators shall make available the data and signals necessary to enable the provision of service supplements referred to in paragraph 1er in all or part of the territory and, to the extent that this is technically possible, so that these additional services can be more easily offered beyond the borders of the Member States. "
Art. 87. In heading IV, chapter III, section 1re of the same Act, a sub-section 5, comprising section 121/4, is inserted as follows:
"Subsection 5. Measures for end-users with disabilities.
Art. 121/4. § 1er. The Institute can take steps to ensure that end users with disabilities:
1° have access to electronic communications services accessible to the public equivalent to those enjoyed by the majority of end-users, that is, 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 end-users with disabilities have access to emergency services equivalent to that enjoyed by other end-users through technical means adapted to their disability. "
Art. 88. In Article 125, § 1erthe following amendments are made to the Act:
1° to 4° the words "in the order of an instruction judge and/or" are inserted between the words "completed by the Institute" and the words "in the context of";
2° 5° is supplemented by the words "and do not concern listening to communications";
3° are inserted the 5° /1 and 5° /2 as follows:
"5° /1: where the acts are performed by the agents authorized by the Minister who has the economy in his or her powers, within the framework of their legal research missions and do not concern the listening of communications;
5° /2 when the acts are performed by the Commission of Ethics for Telecommunications or its secretariat or at the request of one of them as part of their legal research missions and do not relate to listening to communications; "
Art. 89. Section 127 of the Act is supplemented by a paragraph 6 as follows:
Ҥ 6. Each operator shall establish, on the basis of paragraph 1eran internal procedure for responding to requests for access to personal data concerning users. It shall, upon request, provide the Institute with information on these procedures, on the number of requests received, on the legal basis invoked and on its response. "
Art. 90. In section 129 of the Act, the following amendments are made:
1° in paragraph 1erthe following amendments are made:
(a) the words "The use of electronic communications networks for the storage of information or access to information" are replaced by the words "The storage of information or the obtaining of access to information already";
(b) the words "final user" are replaced each time by the word "user";
(c) 2° is replaced by the following:
"2° the subscriber or end user gave his consent after being informed in accordance with the provisions referred to in point 1°. »;
2° Paragraph 2 is replaced by the following:
"Paragraph 1er is not an application for the technical registration of information or access to information stored in terminal equipment of a subscriber or end-user with the sole purpose of carrying out a communication via an electronic communications network or to provide a service specifically requested by the subscriber or end-user when strictly necessary for this purpose. »;
3° in paragraph 3, the words "The absence of refusal" are replaced by the words "Consensuality";
4° the article is supplemented by a paragraph written as follows:
"The controller gives the final subscribers or users free of charge the opportunity to withdraw the consent in a simple way. "
Art. 91. In section 131 of the Act, the words "as long as it is technically and operationally possible for the operator" are repealed.
Art. 92. In title IV, chapter III, section 2 of the Act, an article 133/1 is inserted as follows:
"Art. 133/1. The Institute may adopt measures to ensure effective cross-border cooperation in accordance with articles 113 to 114/2 and 122 to 133 and to create harmonized 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 for its intervention, the measures envisaged and the proposed approach. The Institute takes into account the comments and recommendations of the European Commission as much as possible when making a decision on these measures. "
Art. 93. In section 134 of the Act, as amended by the Acts of 18 May 2009 and 31 May 2011, the following amendments are made:
1° paragraph 1er is supplemented by a paragraph that reads as follows:
"The Minister shall, on the proposal of the Institute, determine the costs associated with the processing of an individual file. The costs are borne by the service provider, if sanctioned. In other cases, the costs are borne by the Institute. »;
2° the article is supplemented by paragraph 4 as follows:
Ҥ4. If the offender fails to pay the administrative fine imposed by the Commission of Ethics for Telecommunications and/or the file charges due within the time limit set by the Commission of Ethics, the Secretariat shall forward the decision of the Commission of Ethics for Telecommunications to the Administration of the Value-Added, Recording and Areas Tax, for collection. This Administration may act by way of constraint, in accordance with Article 3 of the Republican Act of 22 December 1949.
All amounts paid or recovered as an administrative fine imposed by the Telecommunications Commission of Ethics are paid to the Consolidated Revenue Fund. The fees recovered are paid to the Institute. "
Art. 94. In Article 134/1, § 1er, from the same law, inserted by the law of May 31, 2001, the words "or its replacement" are inserted each time after the words "the president".
Art. 95. Section 135 of the Act, as amended by the Acts of 20 July 2006 and 25 April 2007, is repealed.
Art. 96. In title IV, chapter III, section 2 of the Act, an article 135/1 is inserted as follows:
"Art. 135/1. Operators providing accessible telephone services to the public allowing international calls process all calls to and from the European telephone numbering space (ETNS) at rates similar to those they apply to calls to and from geographical or mobile numbers of the numbering plans of other Member States. "
Art. 97. In section 137 of the Act, the following amendments are made:
1° in paragraph 1erParagraph 2 is repealed;
2° the article is supplemented by a paragraph 3 written as follows:
Ҥ3. As part of the monitoring of compliance with this Act, except in respect of articles 12 to 17 and 32 to 44, the Institute may only request information that is reasonably necessary and objectively justified to enable it to:
1° verify, systematically or on a case-by-case basis, respect for:
(a) Article 29;
(b) the financial contribution to the universal service;
(c) Article 30;
(d) the effective and effective use of frequencies;
(e) efficient and efficient use of numbers;
2° conduct a case-by-case check, where a complaint is received, where the Institute has reason to believe that a condition is not met or when the Institute conducts an investigation on its own initiative;
3° to process and evaluate applications for the granting of user rights;
4° to publish, in the interests of consumers, comparative balances concerning the quality and price of services;
5° to pursue specific statistical objectives;
6° conduct a market study;
7° to preserve the effectiveness of the use and management of radio frequencies;
8° to assess the evolution of networks or services likely to affect the services provided wholesale to competitors.
The information referred to in paragraph 1er, points 1°, 2°, 4°, 5°, 6°, 7°, and 8°, cannot be put as a prerequisite or as a condition for access to the market. "
Art. 98. In section 141 of the Act, as amended by the Acts of 25 April 2007 and 18 May 2009, the following amendments are made:
1st paragraph 1er renumber as paragraph 1er;
2° in paragraph 1erthe following amendments are made:
(a) in 7°, the words "without delay" are repealed;
(b) in the 7th, the words ", the ORECE" are inserted between the words "the European Commission" and the words "and national regulatory authorities";
(c) paragraphs 2 to 4 are repealed;
3° the article is supplemented by paragraphs 2 to 4, as follows:
Ҥ2. The Institute takes into account as much as possible the comments made to it in the month of the notification of the draft decision by the European Commission, ORECE and the national regulatory authorities of the Member States.
§ 3. When the draft decision is amended in accordance with Article 143, § 2 or Article 143/1, § 4, the Institute shall initiate a public consultation in accordance with Article 140 and shall notify the European Commission of the amended draft in accordance with the provisions of paragraph 1er.
§ 4. Final decisions, whose projects are referred to in paragraph 1er, are notified to the European Commission and the ORECE. "
Art. 99. In section 142 of the Act, the following amendments are made:
1° the words ", to the ORECE" are inserted between the words "European Commission" and the words "and the authorities";
2° the article is supplemented by the following sentence:
" Any extension of the interim measures shall be subject to the provisions of articles 140 and 141. "
Art. 100. Section 143 of the Act is replaced by the following:
"Art. 143. § 1er. When the draft decision of the Institute referred to in section 141, paragraph 1er :
(a) is likely to have an impact on trade between Member States and tends to:
1° define a relevant market that differs from those identified by the European Commission, or
2° to designate or not an operator as having, individually or jointly with others, significant power in a relevant market;
(b) and that the European Commission has indicated to the Institute within one month of the date of its notification in accordance with Article 141, that the draft decision would impede the Single Market or if it has serious doubts as to its compatibility with Community law, the Institute delays the adoption of the final two-month decision.
§ 2. Where within two months referred to in paragraph 1er, the European Commission adopts a decision requiring the withdrawal of the draft decision and formulates specific proposals for amendments to the draft decision, the Institute amends or withdraws its draft decision within six months of the date of the decision of the European Commission. "
Art. 101. In the same Act, an article 143/1 is inserted as follows:
"Art. 143/1. § 1er. If, within one month of the date of notification of the Institute's draft decision in accordance with Article 141, the European Commission shall notify the Institute that its draft decision, which tends to impose, amend or withdraw an obligation for an operator with significant power on a relevant market, constitutes a barrier to the single market or raises serious doubts as to its accounting with Community legislation, the Institute delays its decision of three months.
§ 2. Within the three-month period referred to in paragraph 1er, the European Commission, ORECE and the Institute cooperate closely to identify the most effective and appropriate measure in relation to the objectives set out in Articles 5 to 8, while taking duly into account the opinions of economic actors and the need to ensure coherent regulatory practices.
§ 3. When within six weeks from the beginning of the three-month period referred to in paragraph 1er, ORECE issues a notice on the notification of the European Commission referred to in paragraph 1er indicating that it shares the serious doubts of the European Commission, the Institute may, before the end of the three-month period referred to in paragraph 1er :
1o amend or withdraw its draft decision taking into account as much as possible the notification of the Commission referred to in paragraph 1er and the advice and advice of the ORECE;
2° maintain its draft decision.
§ 4. Where the ORECE does not share the serious doubts of the European Commission or does not issue a notice, or when the Institute amends or maintains its draft decision in accordance with paragraph 3, the European Commission may, within one month after the end of the three-month period referred to in paragraph 1er :
1st issue a reasoned recommendation that the Institute amend or withdraw the draft decision;
2° decide to withdraw its reservations issued in accordance with paragraph 1er.
Within one month of the issuance of the recommendation of the European Commission in accordance with paragraph 4, 1°, or the lifting of reservations in accordance with paragraph 4, 2°, the Institute shall communicate to the European Commission and to the ORECE the final decision adopted. This period may be extended to allow the Institute to hold a public consultation on the amended project.
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 proceedings. "
Art. 102. In the same Act, an article 161/1 is inserted as follows:
“Art. 161/1. The Institute shall, no later than 19 December 2011, issue the rights of use for frequencies and numbers already existing as of 31 December 2009 in accordance with articles 11 and 18 to 24/1.
Where the application of paragraph 1er leads to restricting rights or extending obligations under existing general authorizations and individual rights of use, the Institute may extend the validity of these rights or obligations by 30 September 2012, provided that such a measure does not affect the rights of other operators. The Institute shall notify the European Commission of this extension and indicate its reasons. "
Art. 103. Section 163 of the Act, replaced by the Act of 20 July 2006 and amended by the Act of 31 May 2011, is repealed.
Art. 104. In Title VI, Chapter III of the Act, an article 164/1 is inserted as follows:
"Art. 164/1. The first-level domain Internet domain name registration office ".be":
1° has a permanent place of establishment and operating seat in Belgium, without prejudice to the possibility for the person concerned to double part of its technical infrastructure abroad, with the sole aim of improving the reliability of the service;
2° is in the form of a non-profit organization;
3° invoice for its benefits a compensation directly related to the actual costs incurred;
4° provides, in accordance with the terms and conditions determined by the Institute, free of charge to the Institute the facilities it has planned so that the transition to a new domain name registration office can be done in an efficient and effective manner, without interruption of serious service. These facilities include at a minimum an updated register of domain names and all related information of domain names holders according to the periodicity and modalities fixed by the Institute in a form that can be used immediately in the event of a serious failure of the Internet domain name registration office and in order to guarantee the stability of the Belgian Internet; and
5° organizes, administers and manages the top-level domain ".be" 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, an article 164/2 is inserted as follows:
"Art. 164/2. In the event of a serious failure of the Internet domain name registration office of the first-level domain ".be", the Institute takes the necessary measures in the interest of the end user and the Belgian economy in order to ensure the continuity and stability of the Belgian Internet.
Serious failure of the Internet domain name registration office means:
1° the application of illegal or dishonest practices that compromise the good reputation of the top-level domain ".be" linked to Belgium, or
2° the inability to ensure the availability of a considerable number of active domain names from the first level domain ".be", or
3° the inability to perform the tasks of an Internet domain name registration office in accordance with the definition of Article 2, 48/1°, or
4° the failure to meet the requirements of Article 164/1.
In the event of an emergency, the Institute may immediately designate a new Internet domain name registration office of the .be domain on an interim basis. The costs incurred by this provisional Internet domain name registration office as part of the tasks entrusted to it by the Institute are the responsibility of the Institute and will be subsequently recovered from the Internet domain name registration office finally designated.
Immediately after the designation of the provisional Internet domain name registration office or when such designation is not necessary, the Institute appeals to candidates in the Belgian Monitor and publishes a notebook of charges including the minimum conditions for the execution of the activity of the Internet domain name registration office of the first level domain ".be". The designation of the new Internet domain name registration office is based on an objective, transparent and non-discriminatory procedure as well as objective, transparent and non-discriminatory criteria.
The entity that is designated as the Internet domain name registration office of the top-level domain ".be" is required to meet the minimum requirements of the terms of reference and to meet all commitments made during the selection process. "
Art. 106. In articles 1er, 28, 30, 34, 35, 36 and 46 of the Schedule to the Act, the words "accessible to" are inserted each time between the words "phone service" and the word "public".
Art. 107. In Article 1er the following amendments are made to the Schedule to the Act:
1° the words "public telephone network" are replaced each time by the words "public electronic communications network";
2° the 3° is repealed.
Art. 108. Section 8 of the Schedule to the Act is repealed.
Art. 109. In section 15 of the Schedule to the Act, paragraph 2 is replaced by the following:
"The connection referred to in Article 70, § 1er, 2°, b, must be able to support data transmission communications to the functional access to the Internet defined in Article 16 of this annex. "
Art. 110. Section 16 of the Schedule to the Act is replaced by the following:
“Art. 16. The connection referred to in Article 70, § 1er, 2°, c), must allow end users to have functional access to the Internet, with a specific contract with an Internet service provider.
The King shall, on the proposal of the Institute, establish the flow of this functional access, taking due account of the specific market conditions, including the bandwidth most used by the majority of subscribers and the technical feasibility. The flow indication is included in the report referred to in section 103. "
Art. 111. In section 22 of the Schedule to the Act, the following amendments are made:
1° in paragraph 1erthe following amendments are made:
(a) in paragraph 1er the words "rate reductions" are replaced by the words "social tariffs";
(b) in 1.1, the words "social tariff" are replaced by the words "social telephone rate";
(c) in 1.2, the words "gross income" are replaced by the words "generally taxable income";
(d) in 2.1, the words "social tariff" are replaced by the words "social telephone tariff";
(e) It is inserted as follows:
“4. Social Internet rate.
4.1. The beneficiary of the social internet rate can only have one social internet rate and there can be only one beneficiary per household.
4.2. The benefit of the social internet rate may be granted upon request to any person meeting the criteria set out in paragraphs 1.2, 2.3 and 3.
4.3. Living in a hotel, a rest home or in another form of community life does not open any rights to the benefit of the social internet rate unless the beneficiary has a subscription in his or her own name and exclusive use.
4.4. People already connected to the Internet who meet the conditions set are entitled to the social internet rate on the expiry of the first maturity of their subscription following the introduction of the application.
4.5. The recipient of the social internet rate:
1° immediately informs the operator that it no longer meets one of the conditions set to benefit from the tariff in question;
2° immediately completes the disbursements to which it would have escaped by unduly benefiting from the social internet rate following in particular an incomplete or false statement about the conditions set.
4.6. The benefit of the social internet rate is withdrawn at the first maturity of the subscription that follows the date on which it is no longer satisfied with the conditions set. »;
2° in paragraph 2, the words "social telephone rate" are replaced each time by the words "social rate";
Art. 112. In the Schedule to the Act, the title of Section 4 of Chapter 2 is replaced by the following:
“Section 4. The provision of public pay telephones and other access points to public voice services."
Art. 113. Sections 23 to 27 of the Schedule to the Act are repealed and replaced by a new section 23 as follows:
“Art. 23. The Institute sets out procedures for maintaining and suppressing public pay telephones or other access points to public voice services. »
Art. 114. In article 30, paragraph 1erthe following amendments are made to the Schedule to the Act:
1° the words "Without derogation granted by the Minister, on the proposal of the Institute, the provider distributes" are replaced by the words "The provider distributes";
2° the word "annually" is replaced by the word "at least every two years";
3° the words "without these subscribers must make the request" are replaced by the words "on express request of the subscriber";
4° the paragraph is supplemented by the following:
"The request may be made in writing, by e-mail or by telephone. The Minister sets out the procedures for the introduction of the application. "
Art. 115. In section 31 of the Schedule to the Act, as amended by the Act of April 25, 2007, the following amendments are made:
1° in paragraph 1erthe following amendments are made:
(a) second to fourth dashes are repealed;
(b) the sixth dash is repealed;
(c) the eighth dash is repealed;
(d) the tenth dash is repealed;
2° Paragraph 2 is repealed.
Art. 116. In section 32 of the Schedule to the Act, the following amendments are made:
1° in paragraph 2, the following modifications are made:
(a) the words "non-payable functional website" are replaced by the words "non-payable, neutral, regularly modernized and accessible to persons with disabilities";
(b) the paragraph is supplemented by the following:
"The subscriber data is updated once a month. This website allows a minimum of searches based on the name within a municipality and based on the telephone number. The Institute may set additional quality criteria to which the provider will be subjected as part of the provision of the information collected in the universal directory via this website. »;
2° Paragraph 3 is repealed
3° in old paragraph 4, becoming paragraph 3, the word "seventy-five" is replaced by the word "seventy-five";
4° old paragraph 6, becoming paragraph 5, is replaced by the following:
"The provider responsible for the provision of the universal directory shall communicate to the Institute before March 31 of each year a report on how it has carried out the obligations under this section. "
Art. 117. In Chapter III of the Schedule to the Act, an article 33/1 is inserted as follows:
"Art. 33/1. If no operator is designated to provide one or more of the universal service benefits referred to in section 68, the Institute monitors the evolution and level of the retail rates of each benefit in relation to the level of consumer prices and national revenues. "
Art. 118. In section 35 of the Schedule to the Act, the words "public telephone stations" are replaced by the words "public pay telephones or other access points to public voice services".
Art. 119. Section 38 of the Schedule to the Act is replaced by the following:
“Art. 38. § 1er. The providers referred to in section 74 of the Act shall, at least, apply the following tariff reductions on all their bundled rates and offers including a telephone service accessible to the public for persons referred to in section 22, § 1er, 1.2, 1° and 2°, 2.3 and 3 of the annex:
1° the allowance for the provision of the connection to a public network of electronic communications in a specified position: 50% of the tariff;
2° in case the consumer is required to pay the subscription fee and the appeal fee to the same supplier or in case it is only required to pay the appeal fee:
- a reduction of 40% to €8.40 per month on the subscription fee in question provided that a subscription fee is due;
- a reduction of 3,10 euros per month period on appeal costs;
3° if the consumer is required to pay a subscription fee and call fees to different suppliers: a reduction of 11.50 euros per one month period on call fees, to be offered by the supplier that invoices the call fees.
§ 2. The providers referred to in section 74 of the Act shall, at least, apply the following tariff reductions on all their tariffs for persons referred to in section 22, § 1er, 1.2, 3° of the schedule:
- a reduction of 3,10 euros per month period on appeal costs.
§ 3. The providers referred to in section 74 of the Act apply, at least, the following tariff reductions on all their Internet access and bundled offers including Internet access for persons referred to in section 22, § 1er4.2 of the Schedule, if they have, if any, waived the reduction on the subscription fee referred to in paragraph 1er, 2°, first dash, and the reduction mentioned in paragraph 1er3°:
- a 40% discount on the rate, capped at 8.40 euros per month. "
Art. 120. In the Schedule to the Act, in place of Article 45bis, inserted by the Act of 25 April 2007 and annulled by Decision No. 7/2011 of the Constitutional Court, an article 45/1 is inserted as follows:
"Art. 45/1. The net cost of the social component of the universal service for a geographic area is the difference between all costs defined in paragraph 2 and all revenues defined in paragraph 3, to which the commercial benefits derived from the benefit are added, including intangible benefits.
Costs to be taken into account in the calculation referred to in paragraph 1er are the costs that could be avoided in the long term by the provider if it was not to provide the benefit provided by section 74 of the Act.
Revenues to be taken into account in the calculation referred to in paragraph 1er are the revenues that the operator would not receive in the long term if it was not to provide the benefit provided by section 74 of the Act. These include:
- revenues resulting from installation fees;
- income from subscriptions;
- revenue from incoming calls;
- income from outgoing calls.
Costs are assessed on the basis of real cost accounting ("CCA").
The assessment of the net cost referred to in paragraph 1 includes the remuneration of the capital used for the provision of the social component of the universal service calculated by the method determined by the King, on the proposal of the Institute. "
Art. 121. In Article 46, § 1er, 6, fourth dash, from the schedule to the same law, the words "basic fixed public telephone network" are replaced by the words "basic fixed public electronic communications network".
CHAPTER 4. - Amendments to the Act of 11 March 2003 on certain legal aspects of the services of the information society
Art. 122. Article 1er of the Act of 11 March 2003 on certain legal aspects of the services of the information society is supplemented by a paragraph written 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 user rights in relation to electronic communications networks and services, Directive 2002/58/EC on 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 electronic communications. "
Art. 123. Article 14, § 3, of the same law is supplemented by a 3° written as follows:
"3° to encourage the recipient of messages to visit websites violating section 13 of this Act. "
CHAPTER 5. - Amendments to the Act of 6 April 2010 on market practices and consumer protection
Art. 124. In the Act of 6 April 2010 on market practices and consumer protection, an article 1 is inserted.er/1 to read:
“Art. 1er/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 user rights in relation to electronic communications networks and services, Directive 2002/58/EC on the processing of personal data and the protection of privacy in the electronic communications sector and Regulation (EC) No 2006/2004 on the cooperation between national authorities responsible for ensuring the protection of privacy in the electronic communications sector. "
Art. 125. Section 100 of the Act is replaced by the following:
"Art. 100. § 1er. The use of automated call systems without human intervention and fax machines for direct prospecting is prohibited without the prior, free, specific and informed consent of the recipient of the messages.
The person who has given consent may withdraw it at any time, without giving reasons and without any costs being charged.
The burden of proof that the communication made using a technique referred to in this paragraph, or determined under this paragraph, has been sought, is the responsibility of the issuer.
The King may, by order deliberately in the Council of Ministers, extend the prohibition referred to in paragraph 1er other communication techniques than those mentioned, given their evolution.
§ 2. Without prejudice to section 14 of the Act of 11 March 2003 on certain legal aspects of the services of the information society, unsolicited communications for direct prospecting, carried out by other techniques than those mentioned in paragraph 1er or determined in accordance with the provisions of articles 100/1 to 100/7 shall be permitted.
Art. 126. In the same Act, article 100/1 is inserted, as follows:
"Art. 100/1. § 1er. The operator offers its subscriber the opportunity to communicate, at any time, that it opposes the use of the telephone number or telephone numbers assigned to it for direct marketing reasons.
The subscriber exercises this right of opposition free of charge and may at least communicate it by telephone, letter or email.
At the conclusion of the contract, the operator draws the subscriber's attention to this right in an express and special way.
§ 2. The operator records each opposition of a subscriber, as referred to in § 1erwithin five working days in a file intended for this purpose and communicates to the subscriber the date of registration.
The operator makes available to people, who want to make direct marketing by phone, the file that contains phone numbers for which subscribers do not want calls for direct marketing reasons.
An operator may delegate the performance of the obligations set out in this section to a non-profit organization with which it enters into a contract for that purpose. "
Art. 127. In the same Act, article 100/2 is inserted, as follows:
"Art. 100/2. § 1er. Any telephone call for direct marketing reasons to a telephone number that is included in the file referred to in section 100/1, § 2, is prohibited.
For any telephone call for direct marketing reasons, the caller checks in advance if the number is not included in this file.
§ 2. The prohibition referred to in § 1er does not apply to calls to subscriber telephone numbers that have given their express consent to those who make telephone calls for direct marketing reasons or on whose behalf such calls are made, to use their personal data for such purposes. "
Art. 128. In the same law, an article 100/3 is inserted, which reads as follows:
"Art. 100/3. Operators and persons who make direct marketing or on whose behalf it occurs bear the burden of proof of compliance with the provisions of this section. "
Art. 129. In the same Act, article 100/4 is inserted, as follows:
"Art. 100/4. § 1er. The King may, after the advice of the Privacy Commission, take steps to:
1° determine the content, form and operation of the file referred to in Article 100/1, § 2;
2° determine the conditions and terms of access to these files of people who want to make phone calls for direct marketing reasons, including the identification of these people;
3° maintain the terms of communication of the subscriber, referred to in Article 100/1, § 1eras simple as possible.
§ 2. The King may also, after the advice of the Commission on the Protection of Privacy, agree to an association or organization that takes over the obligations of all operators referred to in article 100/1.
This association or organization may only be approved on the basis of the accreditation criteria that the King determines and offers at least the following guarantees:
1° the ease of use for the subscriber;
2° the exclusive use of the file data for the respect of the subscriber's rights in accordance with Article 100/1, § 1er;
3° the absence of any purpose of lucre of the association or organization;
4° continuous and simple access to data, at a reduced price, for people who want to make phone calls for direct marketing reasons;
5° compliance with the rules imposed under paragraph 1er. "
Art. 130. In the same Act, article 100/5 is inserted, as follows:
"Art. 100/5. Offences in this section are sought, found and prosecuted by agents commissioned by the Minister who has the economy in his or her powers under sections 123, 130 to 137. "
Art. 131. In the same Act, article 100/6 is inserted, as follows:
"Art. 100/6. The provisions on cessation action referred to in the Act of 6 April 2010 concerning the regulation of certain procedures under the Act of 6 April 2010 on market practices and consumer protection are applicable to this section. "
Art. 132. In the same Act, article 100/7 is inserted, as follows:
"Art. 100/7. For the purposes of this section, it is necessary to hear by "operator" and by "subscriber", an operator and a subscriber as defined in section 2, 11° and 15° of the law of June 13, 2005 on electronic communications. "
CHAPTER 6. - Amendments to the Act of 21 March 1991 on reform of certain economic public enterprises
Art. 133. In Article 144ter, § 1er, 1° paragraph 3 of the Act of 21 March 1991 on reform of certain economic public enterprises, inserted by the Royal Decree of 9 June 1999 and replaced by the Act of 13 December 2010, the words "by 31 December 2011" are repealed.
Art. 134. In section 144novies, paragraph 4 of the Act, inserted by the Royal Decree of June 9, 1999 and replaced by the Act of December 13, 2010, the words "before December 31, 2011" are repealed.
Art. 135. In Article 144undecies, § 1er, paragraph 7 of the Act, inserted by the Royal Decree of 9 June 1999 and replaced by the Act of 13 December 2010, the words "by 31 December 2011" are repealed.
Art. 136. In Article 148bis, § 1er, 1er derives from the same law, inserted by the Royal Decree of 9 June 1999 and replaced by the Act of 13 December 2010, the words "by 31 December 2011" are repealed.
CHAPTER 7. - Amendments to the Consumer Protection Act of 15 May 2007 with respect to radio-transmission and radio-distribution services
Art. 137. Section 2 of the Consumer Protection Act of 15 May 2007 on radio and radio broadcasting services is supplemented by the following:
"12° terminal equipment": a product or component of a product, enabling electronic communications to be connected directly or indirectly to the interfaces of a public electronic communications network. "
Art. 138. In section 4 of the Act, the words "radio-transmission and/or radio-distribution services" are replaced by the words "charged by an operator, including any costs incurred in the event of termination of a contract."
Art. 139. Section 5 of the Act is replaced by the following:
“Art. 5. § 1er. Operators publish and/or disseminate transparent, comparable, adequate and up-to-date information for consumers and end-users regarding:
1° access to their networks and services;
2° the use of these networks and services;
3° prices and prices;
4° any costs due at the time of termination of the contract.
This information is published in a clear, detailed and easily accessible format.
The Institute sets out the precise content of the information to be published and/or disseminated as well as the terms and conditions of their publication and/or dissemination. Operators shall communicate to the Institute, by tariff plan, the information they publish or disseminate as well as the changes to this information no later than fifteen working days before publication.
§ 2. Operators make a fact sheet for each service they offer for the sale to consumers and end-users whose content is determined by the King, after the Institute's opinion.
The information sheet is made available to the consumer and the end user wherever the operator offers its services for sale.
The information sheet is presented at the latest at the time of the formulation of the contract offer to the consumer and subscriber and is then attached to the contract. The consumer and the end user can at any time request that the information sheet be sent to him.
§ 3. It facilitates the provision of comparable information to allow consumers and subscribers to make an independent assessment of the cost of alternative use plans, for example through interactive guides or similar techniques.
In addition, in accordance with the terms set by ministerial order after the Institute's opinion, the Institute provides on its website current information allowing the consumer and the subscriber to evaluate the most advantageous offer for it in the light of its plan of use.
Third parties have the right to use freely information published by undertakings that provide radio and radio broadcasting services, for the purposes of the sale or provision of interactive or similar guides referred to in paragraph 1er. "
Art. 140. In the same Act, an article 5/1 is inserted as follows:
"Art. 5/1. The Institute may require companies providing radio and radio services to regularly provide the disabled subscribers with detailed information on their products and services. "
Art. 141. In the same Act, an article 5/2 is inserted as follows:
"Art. 5/2. § 1er. The King sets out, after the Institute's notice, the technical methods, the deadlines for execution and the reporting obligations that the operators concerned must apply when a subscriber abandons an operator's radiotransmission or radiocommunication service to obtain an electronic communications service from another operator.
These rules relate, inter alia, to the allocation 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 and to the obligations of the operators to provide information to subscribers. "
Art. 142. In section 6 of the Act, the following amendments are made:
1° in paragraph 1erthe following amendments are made:
(a) the words "in a clear, detailed and easily accessible form" are inserted after the words "the following information";
(b) is replaced by the following:
"(b) the radio-transmission and/or radio-distribution services provided, the minimum quality levels of the services offered, including the time required for the initial connection, as well as, where appropriate, the other quality of service indicators as defined by the Institute. »;
(c) c) is replaced by the following:
"(c) the types of maintenance services offered and the customer support services provided, including the terms and conditions for contacting these services, as well as any restrictions imposed by the supplier on the use of terminal equipment provided";
(d) in the Dutch text, in (d) the words "bijzonderheden van" are replaced by the words "het detail van de toegepaste";
(e) the d) is supplemented by the words ", proposed payment methods and possible cost differences related to the method of payment";
(f) the e) is supplemented by the words “including:
- any use or minimum duration required for promotion;
- if applicable, any costs incurred at the time of termination of the contract, including the recovery of costs related to terminal equipment; if the acquisition of terminal equipment is related to the subscription for a specified period of time, a refund table is annexed, which includes the residual value of the terminal equipment for each month of the duration of the fixed-term contract. A linear amortization method is used to calculate the monthly depreciation of terminal equipment. The damping table showing the residual value of the terminal equipment cannot exceed a maximum depreciation period of 24 months. »;
(g) in (f), the words "quality levels of services provided in the contract are not met" are replaced by the words "it is not satisfied with the elements mentioned in (b)";
(h) The paragraph shall be supplemented by item (i), as follows:
"(i) the overall price for the joint offer of several electronic communications services";
(i) The paragraph shall be supplemented by a subparagraph as follows:
"Without prejudice to the application of paragraph 2, the contract referred to in this paragraph is updated, whenever changes are made to the information referred to in paragraph 1er.
2° a paragraph 1er/1 is inserted, as follows:
« § 1er/1. Without prejudice to Article 6/1, the replacement by the same operator of a fixed-term contract or an indefinite-term contract with a subscriber by a new contract for a fixed-term period is only possible provided that the operator:
1° has previously notified the subscriber concerned in writing that:
- by not accepting the replacement, its fixed-term contract in progress will be converted by application of section 82 of the Act of 6 April 2010 relating to market practices and consumer protection on its due date to an indefinite contract, subject to the same conditions and free resilient at any time, subject to the applicable notice period of up to two months, and
- by accepting the replacement, its current contract will be replaced by a new fixed-term contract, which will only be terminated before the due date through the payment of a rupture allowance, the amount of which will also be communicated to the subscriber, and
2° received the express and written agreement of the subscriber. »;
3° in paragraph 2, the following modifications are made:
(a) in paragraph 1er, the words "of Chapter V, Section 2 of the Law of 14 July 1991 on Trade Practices and on Consumer Information and Protection, as long as they are notified of a draft amendment to the terms of contract", are replaced by the words "of Chapter III, section 6 of the Act of 6 April 2010 on market practices and consumer protection, as soon as they are notified of a proposed amendment to the contract
(b) in paragraph 2, the words ", unless the general conditions provide for an increase in the Consumer Price Index" are repealed;
(c) the paragraph shall be supplemented by a subparagraph as follows:
"The Institute may determine the cases in which notifications referred to in this paragraph must be made and their format. »;
4° the same article is supplemented by a third paragraph, which reads as follows:
Ҥ3. When the contract referred to in paragraph 1er is concluded with a consumer, the initial contract term cannot exceed twenty-four months. Operators offer their customers in all cases the possibility to enter into a contract with a maximum initial duration of twelve months. "
Art. 143. In the same Act, an article 6/1 is inserted as follows:
"Art. 6/1. § 1er. Termination by the subscriber of the contract referred to in Article 6, § 1er, can be done by any written means and without having to indicate the reasons. The contract is terminated at the time chosen by the subscriber, even immediately. The operator shall terminate the service concerned as soon as possible in the light of the technique and communicate to the subscriber a written confirmation.
§ 2. There is no right, without prejudice to the application of Chapter III, Section 6 of the Act of 6 April 2010 on market practices and consumer protection, clauses and conditions or combinations of clauses and conditions related to termination in contracts between an operator and a subscriber, which aim to make it impossible or discourage the change of operator.
The contract remains binding on the parties if it can continue to exist without the null clauses or conditions.
§ 3. Without prejudice to paragraph 2, the operator may not claim compensation to a consumer or subscriber for the termination of an indefinite contract or for the early termination of a fixed-term contract at the end of the sixth month following the entry into force of the contract.
The compensation that an operator may claim in the first six months in the event of an advance termination of a long-term contract determined by a consumer or subscriber may not, without prejudice to the provision in paragraph 3, exceed the subscription fee that would still be payable until the end of the sixth month following the entry into force of the contract in the event that the contract would not have been terminated.
In the event of an early termination of the contract, an additional allowance may be sought from the consumer or a subscriber who has received, free of charge or at a lower price, a product whose obtaining was related to the subscription to a fixed-term subscription, which may not, however, exceed the residual value of the product at the time of the termination of the contract, in accordance with Article 6, § 1er, e), last shot. "
Art. 144. In the same Act, an article 7/1 is inserted as follows:
"Art. 7/1. § 1er. Companies providing public-accessible radio and radio services must publish on their website comparable, adequate and up-to-date information on the quality of the network and service and on measures taken to ensure equal access to consumers with disabilities. Information is also provided to the Institute prior to publication.
§ 2. The institute may, among other things, determine the parameters to be used for the quality of the network and service, as well as the content, form and method of publishing information, including possible quality assurance mechanisms, to ensure that consumers, including consumers with disabilities, will have access to complete, comparable and easy-to-use information.
§ 3. In order to prevent service degradation and obstruction or slowing traffic on networks, the Institute may impose minimum service quality requirements on public electronic communications network providers.
The Institute provides the European Commission, in a timely manner prior to the establishment of these requirements, with a summary of the reasons for their intervention, the proposed requirements and the proposed approach. This information is also available to ORECE. The Institute takes into account the comments or recommendations of the European Commission as much as possible. "
Art. 145. In section 16 of the Act, the words "the ones who commit an offence under sections 3 to 6, 7, paragraph 1er, 8 to 10" are replaced by "the ones who commit an offence under articles 3 to 6/1, § 1er6/1, § 3, 7, paragraph 1er, 7/1, § 1er8-10."
CHAPTER 8. - Final provisions
Art. 146. Article 6 comes into force on the next appointment of the Institute Council.
Articles 51 and 120 produce their effects from 30 June 2005.
Art. 147. Amendments made by Article 67 to Article 108, § 1er and § 3, of the law of June 13, 2005 on electronic communications are immediately applicable to existing contracts.
Art. 148. Sections 74 and 143 come into force on 1er October 2012 and are, from that time on, immediately applied to existing contracts.
Art. 149. Section 75 comes into force on 1er October 2012.
Art. 150. In the absence of the King's designation of one or more service providers pursuant to the provisions set out in sections 71 and 105 of the Act of 13 June 2005 on electronic communications, Belgacom provides universal service, as described in section 68, 1°, as well as the services described in section 105 of the Act.
÷ the failure of the King to appoint one or more service providers under the provisions set out in articles 76, 80 and 87 of the same law, and in the absence of a decision to impose the obligation(s) concerned, in accordance with articles 76, 79 and 86 of the same law, Belgacom shall provide universal service, as described in article 68, 3°, 4° and 5° of the same law.
This article ceases to be in force on the first day of the thirteenth month beginning on the day following the publication of this Act to the Belgian Monitor.
Promulgate this law, order that it be clothed with the seal of the State and published by the Belgian Monitor.
Given in Brussels on 10 July 2012.
ALBERT
By the King:
Deputy Prime Minister and Minister of Economy, Consumers and the North Sea,
J. VANDE LANOTTE
Seal of the state seal:
The Minister of Justice,
Ms. A. TURTELBOOM
____
Note
(1) Session 2011-2012.
House of Representatives.
Documents. - Bill, 53-2143, No. 1. - Amendments, 53-2143, No. 2-5. - Report, 53-2143, No. 6. - Text adopted by the Commission, 53-2143, No. 7. - Amendments, 53-2143, nbones 8 and 9. - Text adopted in plenary and transmitted to the Senate, 53-2143, No. 10.
Full report. - 21 June 2012.
Senate.
Documents. - Project referred to 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.
Annales. - 28 June 2012.
See also:
Session 2011-2012.
Senate.
Documents. - Project transmitted by the House of Representatives, 5-1678, No. 1. - Report, 5-1678, No. 2. - Text adopted in plenary and subject to Royal Assent, 5-1678, No. 3.
Annales. - 28 June 2012.