Miscellaneous Provisions Act Telecommunications (1)

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

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belgiquelex.be - Carrefour Bank of Legislation

31 MAI 2011. - Miscellaneous Telecommunications 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. - General provision
Article 1er. This Act regulates a matter referred to in Article 78 of the Constitution.
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 Article 4, paragraph 2, of the Act of 17 January 2003 on the Status of the Regulator of the Belgian Post and Telecommunications Sectors, the words "related to the activities of the Institute" are each replaced by the words "related to the activities of the Institute, as described in the management plans, activity reports and annual reports referred to in Article 34".
Art. 3. In section 9, paragraph 2, of the Act, the words "related to the activities of the Institute" are replaced by the words "related to the activities of the Institute, as described in the management plans, activity reports and annual reports referred to in section 34".
Art. 4. In article 14, § 2, 6°, of the same law, replaced by the law of 20 July 2005 and supplemented by the laws of 16 March 2007 and 18 May 2009, in the Dutch text, the words "mag, mits de redenen" are replaced by the words "mag het Instituut, mits de redenen".
Art. 5. In article 17, § 2, of the same law, as amended by the law of 30 December 2009, a paragraph written as follows is inserted between paragraphs 1er and 2:
"If a member is to be replaced before the end of his or her term of office, the alternate will complete the current term. »
Art. 6. Section 22, paragraph 2, of the Act is supplemented by a 9° written as follows:
"9° the quorum rules required to make decisions. »
Art. 7. Article 26, paragraph 1erthe same law is supplemented by the following sentence:
"The President may also direct one or more services. »
Art. 8. Section 34 of the Act is replaced by the following:
“Art. 34. The Council shall prepare, within 12 weeks of the appointment of its members, and every three years, a draft three-year strategic plan submitted to public consultation for two weeks. All members of the Council present the strategic plan finalized in the House of Representatives.
The Commission then prepares an annual business plan that is part of the strategic plan. This annual plan is submitted to public consultation for two weeks before being published on the Institute website.
The Commission transmits to the Government an annual report on its activities and the evolution of postal and telecommunications services markets. This annual report includes, inter alia, a financial report and annual accounts of funds for universal postal and telecommunications services. It is made available to the public.
All members of the Council are heard annually by the House of Representatives in the month following the publication of the annual activity report. »
CHAPTER 3. - Amendments to the Electronic Communications Act of 13 June 2005
Art. 9. This chapter 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 the national authorities responsible for monitoring the matter 2009,
Art. 10. In Article 33, § 1er, paragraph 2, of the Act of June 13, 2005 on electronic communications, the words "If the Institute imposes a prohibition or limitation until the market has been put on the market," are replaced by the words "If the Institute prohibits or restricts market entry."
Art. 11. In Article 56, § 1er, 3°, of the same law, replaced by the law of May 18, 2009, in the Dutch text, the words "Belgisch niet-geografische nummers" are replaced by the words "Belgische niet-geografische nummers".
Art. 12. In section 60 of the Act, amended by the Act of 18 May 2009, the following amendments are made:
1° in paragraph 1erthe following amendments are made:
- in paragraph 2, in the Dutch text, the words "welk model in boekhoudkundige method" are replaced by the words "welk boekhoudkundig model in welke boekhoudkundige method";
- in paragraph 4, the words "of the decision referred to in the preceding paragraph" are replaced by the words "of the decisions referred to in paragraph 1er 3";
- in paragraph 4, the words "of the system" are replaced by the words "of the obligation of accounting separation and related terms".
2° in paragraph 2, paragraph 2, the words "The Institute can publish this information. are replaced by the words "The Institute may publish this information and may require the operator to whom it has imposed an accounting separation obligation to also publish this information. »
Art. 13. In section 107 of the Act, as amended by the Act of 18 May 2009, the following amendments are made:
1° in the Dutch text of paragraph 2, the following modifications are made:
- in paragraphs 3 and 5, the words "De ontvangen identificatie" are each time replaced by the words "De identificatie";
- in paragraph 4, the words "ETSI standaarden" are replaced by the word "ETSI-standaarden";
2° in the Dutch text of paragraph 4, the following modifications are made:
- in paragraph 1er, the words « te worden, aangeleverd » are replaced by the words « te worden aangeleverd »;
- in paragraph 3, the word "lokalisatiegevens" is replaced by the word "locatiegevens";
3° in paragraph 5, the following amendments are made:
- in the Dutch text of paragraph 2, third sentence, the words "of bijdrage" are replaced by the words "of bijdrage in kwestie";
- in paragraph 4, the words "the contribution set out in the preceding paragraph" are replaced by the words "the contribution set out in paragraphs 2 and 3";
- in paragraph 5, the words "The total amount of contributions from operators to the fund can never exceed the amount of approved costs. The King sets out, by a royal decree deliberated in the Council of Ministers, rules to avoid over-compensation and, if necessary, the reimbursement of it." are replaced by the words "The total amount of contributions from operators to the fund cannot exceed the amount of approved costs. The King sets out, by royal decree deliberated in the Council of Ministers, the terms for the reimbursement of a possible overcompensation. »
Art. 14. In section 110 of the Act, as amended by the Acts of 27 December 2005 and 18 May 2009, the following amendments are made:
1° paragraph 1er is supplemented by the following sentence:
"This invoice is issued to subscribers at least once every three months, without any additional costs being requested from the subscriber. »;
2° Paragraph 4 is supplemented by a paragraph which reads as follows:
"In addition, the operator shall include on the first page of each invoice the following text, framed separately and in bold: "To know the fare plan that best corresponds to your user profile, see the public authorities website www.meilleurtarif.be. » » »
Art. 15. In section 116 of the Act, the following amendments are made:
1st paragraph 1er is replaced by the following:
"When operators provide end-users with a telephone support service, this support service is accessible by a geographic number or by a non-geographic number, provided that the cost of communication per minute is not higher than that of a geographic number. »;
2° paragraph 2 is repealed;
3° the article is supplemented by two paragraphs, written as follows:
"When the waiting time for communication with the assistance service exceeds the deadline set by the King by order deliberately in the Council of Ministers, after the Institute's opinion, the end user is offered by the operator the opportunity to give his contact information and leave a short message. In this case, the telephone help service contacts the end user concerned within the time limit set by the King following the time when the end user provided his or her contact information, preferably at the time specified by the King.
In addition, any request for written information relating to the duration of the contract, the terms and conditions of termination of the contract and the rates of all services or allowances that may be applied by the operator, or any written complaint made by a final user regarding the execution of his contract relating to the provision of electronic communications networks or services shall receive from the operator concerned a detailed and complete written response within the time limit fixed by the King by decree deliberated by the Minister. »
Art. 16. In section 119 of the Act, the following amendments are made:
1° paragraph 1er is supplemented by a paragraph that reads as follows:
"The interest rate for potential late interest cannot exceed the legal interest rate. »;
2° Paragraph 2 is supplemented by a paragraph which reads as follows:
"Disabling or placing in minimum service for default of payment is free of charge. The amount, if any, due to the reactivation of the service following an interruption for default of payment, cannot exceed 30 euros, including VAT. »
Art. 17. In section 134 of the Act, as amended by the Act of 18 May 2009, the following amendments are made:
1° in paragraph 1erthe following amendments are made:
- in paragraph 1er, the words "the composition and duration of" are replaced by the words "the composition of the Commission of Ethics for Telecommunications, the conditions related to";
- paragraph 2 is supplemented by the following:
"The members of the Telecommunications Commission of Ethics are subject to professional secrecy, including when they have ceased to be a member of this Commission. »;
- in paragraph 3, the words "recognition" are replaced by the words "of the record";
- paragraph 4 is supplemented by the following sentence:
"The secretariat receives complaints addressed to the Telecommunications Ethics Commission and investigates files. It can also open an instruction on its own initiative. »;
- the paragraph shall be supplemented by the following subparagraph:
"The Telecommunications Commission of Ethics can be divided into three-member chambers, which decide on complaints. The distribution of rooms is determined in a rules of procedure, which is established by the Commission of Ethics for Telecommunications and is published on its website. »;
2° in paragraph 2, the following modifications are made:
- paragraph 2 is supplemented by the following sentence:
"The terms of the Code of Ethics for Telecommunications apply without prejudice to the application of the provisions of the Act of 6 April 2010 on market practices and consumer protection and the Act of 11 March 2003 on certain legal aspects of the services of the information society. »;
- paragraph 4 is replaced by the following:
"The Commission of Ethics for Telecommunications or one of its chambers shall decide on compliance with the Code of Ethics for Telecommunications as a result of a complaint by the individual or his or her own initiative and after having taken note of the report of the secretariat on the record and the reply of the alleged offender to the report. The secretariat may consolidate similar complaints in one file regarding a single service provider via an electronic communications network. The secretariat may also, in accordance with the instructions given by the Commission of Ethics for Telecommunications and published on its website, transmit a complaint to the Mediation Service for Telecommunications or for Mediation or further investigation to the Directorate General Control and Mediation of the Federal Public Service Economy, P.M.E., Average Classes and Energy. The transmission of a mediation complaint does not affect the competence of the Commission of Ethics for Telecommunications to find and punish, in accordance with § 3, against the pay service provider via an electronic communications network, an offence under the Code of Ethics for Telecommunications. »;
- a preambular paragraph is inserted between paragraphs 4 and 5:
"The Telecommunications Mediation Service and the Directorate General Control and Mediation of the Federal Public Service Economics, P.M.E., Average Classes and Energy inform, in accordance with the terms set out in a protocol of collaboration, the Commission of Ethics for Telecommunications of the outcome of the mediation or instruction concerning any complaint transmitted. When the secretariat is informed of the outcome of the mediation or further investigation, it may file the complaint without further action. The secretariat shall provide the Commission of Ethics for Telecommunications, in accordance with the terms set out in the rules of procedure, with information on complaints filed without action. The Commission of Ethics for Telecommunications may refer to the classification decisions without further action by the secretariat and request the secretariat to submit the file at a session of the Commission of Ethics or one of its chambers. »;
3° in paragraph 3, the following modifications are made:
- in paragraph 1erthe number "12,500" is replaced by the number "125,000";
- in paragraph 1erthe word "or" is replaced by the words "and/or";
- in paragraph 1erthe number "30" is replaced by the number "90";
- paragraph 2 is replaced by the following:
"In the event of a serious or repeated offence, the Telecommunications Ethics Commission or one of its chambers may impose one or more of the following:
1° an administrative fine of 250 to 250,000 euros;
2° a suspension of the services concerned up to one year;
3° the deletion of the service concerned;
4° the ban on offering new services. »;
- in paragraph 3, the words "or one of its rooms" are inserted between the words "the Commission of Ethics for Telecommunications" and the words "taking into account";
- in paragraph 4, the words "or one of its rooms" are inserted between the words "the Commission of Ethics for Telecommunications" and the word "specify", the words "to the injured party" are replaced each time by the words "to the injured person or persons" and the words "of the injured person" are replaced by the words "of the injured person or persons".
Art. 18. In the same Act, an article 134/1 is inserted as follows:
“Art. 134/1. § 1er. In the event of an emergency, the chair of the Telecommunications Commission of Ethics may adopt all appropriate interim measures when he or she is aware of a fact that is at first sight a serious offence to the Telecommunications Code of Ethics and that causes or may cause a serious and difficultly repairable injury or cause injury or threat of prejudice to a large group of end users. The President may, among other things, impose immediately upon the person who provides a pay service via an electronic communications network the suspension of that service until the Telecommunications Ethics Commission has made a final determination on the compliance with the Code of Ethics for Telecommunications or until the person who offers the service in question has adapted its service in the manner determined by the President.
§ 2. The person concerned shall be informed before the measure referred to in subsection 1 is imposeder and is invited to immediately and voluntarily suspend or adapt the service.
If the person who provides a paid service via an electronic communications network cannot be reached or fails to comply with the invitation of the chair, the chair may impose on the operators who provide access to the service concerned to block access to the numbers in question and, if necessary, order not to pay the allowance for interconnection or other allowances to the person who provides the paid service in question via a network of »
Art. 19. In section 163, paragraph 2, of the Act, replaced by the Act of 20 July 2006, the words "up to 1er January of the year" are replaced by the words "to the end of the ninth month".
Art. 20. In Article 1er from the Schedule to the same Act, as amended by the Act of 25 April 2007, the 8th to 12th are repealed.
Art. 21. Sections 9 to 12 of the Schedule to the Act are repealed.
Art. 22. Article 14, 2°, of this Act comes into force on the first day of the twelfth month following that of its publication to the Belgian Monitor.
CHAPTER 4. - Transfer of certain staff from the former Radio-Television Service who have been appointed definitively to the organic framework of the Belgian Institute for Postal Services and Telecommunications
Art. 23. The King sets the transfer, transfer modalities and integration from 1er February 2007 of the statutory agents referred to in the Royal Decree of 3 April 1997 on measures relating to the transfer of certain agents from Belgacom to the federal authority pursuant to Article 3, § 1er, 6°, of the law of 26 July 1996 aimed at realizing the budgetary conditions of Belgium's participation in the European Economic and Monetary Union, today assigned to a framework for complementing the Belgian Institute of Postal Services and Telecommunications and used at the Institute, towards the organic framework of this Institute.
CHAPTER 5. - Amendments to the Act of 13 December 2010 amending the Act of 21 March 1991 on the Reform of Certain Economic Public Enterprises, the Act of 17 January 2003 on the Status of the Regulator of the Belgian Post and Telecommunications Sectors and amending the Act of 9 July 2001 establishing certain rules relating to the legal framework for electronic signatures and certification services
Art. 24. Sections 38 to 53 of the Act of 13 December 2010 amending the Act of 21 March 1991 on the Reform of Certain Economic Public Companies, the Act of 17 January 2003 on the Status of the Regulator of the Belgian Post and Telecommunications Sectors and amending the Act of 9 July 2001 setting certain rules relating to the legal framework for electronic signatures and certification services are repealed with immediate effect.
Art. 25. Section 57 of the Act is replaced by the following:
"This Act comes into force on December 31, 2010, with the exception of section 4, which comes into force on the date fixed by the King. »
Promulgate this law, order whatever is covered by the state seal and published by the Belgian Monitor.
Given in Brussels on 31 May 2011.
ALBERT
By the King:
Minister of Climate and Energy
P. MAGNETTE
Minister for Business and Simplification,
VAN QUICKENBORNE
Seen and sealed the state seal:
Minister of Justice,
S. DE CLERCK
____
Note
(1) 2010-2011 session:
House of Representatives.
Parliamentary documents. - Bill No. 1247/1. - Amendments, nbones 1247/2 and 1247/3. - Report, no. 1247/4. - Text adopted by the Commission de l'Infrastructure, des communications et des entreprises publiques, n° 1247/5. - Text adopted in plenary and transmitted to the Senate, No. 1247/6. - Project not mentioned, No. 5-945/1.