Law On Electronic Communications (1)

Original Language Title: Loi relative aux communications électroniques (1)

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Posted the: 2005-06-20 Numac: 2005011238 SERVICE PUBLIC FÉDÉRAL ÉCONOMIE, P.M.E., CLASSES average and energy 13 June 2005. -Law on electronic communications (1) ALBERT II, King of the Belgians, to all, present and to come, hi.
The Chambers have adopted and we endorse the following: title I:. -Definitions and principles chapter I. -General Article 1. This Act regulates a matter referred to in article 78 of the Constitution.
This Act is the transposition into Belgian law of:-directive 2002/21/EC of the European Parliament and of the Council of 7 March 2002 on a common regulatory framework for electronic communications services and networks (framework directive) (OJ l 24 April 2002, L 108/33);
-directive 2002/20/EC of the European Parliament and of the Council of 7 March 2002 on the authorisation of networks and electronic communications services (authorisation directive) (OJ l 24 April 2002, L 108/21);
-directive 2002/19/EC of the European Parliament and of the Council of 7 March 2002 on access to electronic communications networks and associated facilities (access directive) (OJ l 24 April 2002, L 108/7);
-directive 2002/22/EC of the European Parliament and of the Council of 7 March 2002 on universal service and the rights of users with regard to networks and electronic communications services (Universal Service directive ') (OJ EC 24 April 2002, L 108/51);
-directive 2002/58/EC of the European Parliament and of the Council of 12 July 2002 concerning the processing of personal data and the protection of privacy in the electronic communications sector (directive on privacy and electronic communications') (OJ EC 31 July 2002, L 201/37);
-directive 2002/77/EC of the Commission of 16 September 2002 on competition in the networks and electronic communications services markets ('Competition' directive) (OJ l 17 September 2002, L 249/21).
S. 2. for the purposes of this Act, shall mean: 1 ° 'Institute': the Belgian Institute of postal services and telecommunications as referred to in article 13 of the Act of 17 January 2003 on the status of the sectors of posts and the Belgian telecommunications regulator;
2 ° "Minister": Ministers or Secretary of State which have jurisdiction over matters relating to electronic communications as referred to in this Act;
3 ° 'electronic communications network': transmission, active or passive systems and, where applicable, switching or routing equipment and other resources which permit the conveyance of signals by cable, over-the-air, by optical means or by other electromagnetic means, insofar as they are used for the transmission of signals other than those of broadcasting and television;
4 ° "provision of an electronic communications network": the implementation, operation, monitoring or the availability of an electronic communications network;
5 ° "electronic communications service": the service provided normally against remuneration which consists wholly or mainly in the transmission, including operations switching and routing of signals on networks of electronic communications, except (a) for services to provide content or to exercise responsibility editorial on this content, with the exception (b) of the services of the information society as defined in article 2 of law of 11 March 2003 on some legal aspects of information society services which do not consist wholly or mainly in the conveyance of signals on electronic communications and networks with the exception (c) including television broadcasting services;
6 ° "traffic data": any data processed for the delivery of a communication by a network of electronic communications or the billing of this type of communication;
7 ° "location data": any data processed in an electronic communications network indicating the geographic position of the terminal equipment of an end user of a publicly available electronic communications service;
8 ° 'traffic data service': a service which requires a particular processing traffic data go beyond what is strictly necessary for the transmission or the billing of communication;
9 ° 'location data service': a service which requires a particular processing location data go beyond what is strictly necessary for the transmission or the billing of communication;

10 ° 'public electronic communications network': an electronic communications network used wholly or mainly for making publicly available electronic communications services;
11 ° "operator": any person having submitted a notification in accordance with article 9;
12 ° "user": a natural or legal person who uses or requests a publicly available electronic communications service;
13 ° "end-user": a user who does not have a public electronic communications network or publicly available electronic communications services;
14 ° "consumer": any natural person who uses or requests a service of electronic communications available to the public for purposes other than professional;
15 ° "Subscriber": any natural or legal person holder of a number assigned by an operator for the provision of electronic communications services and which uses an electronic communications service in a contract concluded with an operator;
16 ° "network termination point": physical point by which an end user gets access to a public electronic communications network; in the case of networks using switching and routing, network termination point is determined by a specific network address;
17 ° 'related resources': the resources associated with an electronic communications network and/or an electronic communications service, that provide or support the provision of services via that network or service;
18 ° "access": the provision of an operator of network elements, of resources or electronic communications services for the supply by the operator's networks or electronic communications services;
19 ° 'interconnection': special form of access consisting of the physical and logical linking of networks public electronic communications or to access services provided by another operator; used by an operator or a different operator, to allow users to communicate with each other
20 ° «interface»: a network termination point and/or a radio interface, and the technical specifications y;
21 ° "public telephone network": electronic communications network that is used for the provision of publicly available telephone services; It allows the transmission, between the endpoints of the network, speech, but also other forms of electronic communications services; such as fax and data transmission
22 ° "publicly available telephone service": service available to the public to enable it to give and receive national and international calls and access to emergency services by using one or more national or international dialing; In addition, it may include, where appropriate, one or more of the following services: the provision of assistance by operator, telephone information and directory services, the provision of public telephones, the supply of a service to special conditions, the provision of special for people with disabilities or people with special social needs and/or the provision of non-geographic services;
23 ° 'local loop': physical circuit connecting the network termination point to the main distribution frame or equivalent facility in the public telephone network at a fixed location.
24 ° 'partial local loop': part of a local loop that connects an end point of a network of electronic communications to a point of concentration or to another point located between the endpoint and the dispatcher specified endpoint main or any other equivalent facility in a public position determined; telephone network
25 ° "unbundled access to the local loop": the provision of access to the local loop or the partial local loop operator, authorising the use of all of the available frequency spectrum;
26 ° "access Bitstream": access consisting of the provision of a digital transmission (bitrate) capacity to a user for which the operator interface is defined by the access provider;
27 ° "shared access to the local loop": the provision of access to the local loop or the partial local loop operator, authorising the use of the non-voice frequencies of the spectrum of frequencies;
28 ° "unbundled access to the local loop": the provision of full unbundled access or access shared local loop involving no change with regard to the property of the local loop.
29 ° "Collocation": the provision of a space

and technical resources needed for the accommodation and the connection, under reasonable conditions, the relevant equipment of an operator as part of a reference offer;
30 ° "leased line": service of electronic communications consisting in the provision of a communications system offering a capacity of transparent transmission between endpoints to networks, excluding the switching on request;
31 ° "radio waves" or "Hertzian waves": electromagnetic waves propagated in space without artificial guide, and whose frequency is less than 3000 GHz;
32 ° "RF": the frequencies of radio waves;
33 ° "radio spectrum: the set of radio frequencies;
34 ° "radiocommunication": any transmission by means of radio waves, information of any kind, in particular sounds, texts, pictures, signs, expressions digital or analog signals from remote control, signals intended for locating or determining the position or movement of objects;
35 ° "radio transmitter device": any generator of electromagnetic oscillations designed for the issuance of radiocommunication;
36 ° 'device transceiver radio': any generator and receiver of electromagnetic oscillations designed for emission and reception of radiocommunications;
37 ° "radio receiver": any receiver of electromagnetic oscillations designed for the reception of radiocommunications, except devices intended exclusively for the reception of sound or television broadcasting;
38 ° "radio station": the group formed by a transmitter device, a transceiver device or a receiver of radio and the antennas as well as all the components necessary for the functioning of the whole;
39 ° "harmful interference": used the interference which endangers the functioning of a radionavigation service or of other safety services or which seriously obstructs or repeatedly interrupts a radiocommunication or an electronic communications service service operating in accordance with the applicable regulations;
40 ° «Cryptography»: all the services implementing the principles, means and methods of transformation of data in order to hide their semantic content, to establish their authenticity, to prevent their modification goes unnoticed, and prevent their repudiation to prevent their misuse;
41 ° 'terminal equipment': a product or a relevant component of a product, to perform electronic and communications intended to be connected directly or indirectly to interfaces of a public electronic communications network;
42 ° "radio equipment": a product or a component relevant to a product that allows electronic communications by the emission and/or reception of radio waves using spectrum allocated to Earth/space, with the exception of equipment intended exclusively for the reception of sound and television broadcasts.
43 ° 'equipment': any product that is either a radio equipment, terminal equipment or both;
44 ° 'technical specification': the definition of the characteristics of all services electronic communications delivered via the network termination point or interface radio;
45 ° 'numbering space': all of the numbers, addresses and names used to identify operators or users;
46 ° 'geographic number': number from the national numbering plan part of the digital structure contains geographic significance used for routing calls to the physical location of the network termination point;
47 ° 'non-geographic number': number from the national numbering plan that is not a geographic number.
These include mobile call numbers, free for callers call numbers and premium rate numbers.
48 ° 'number portability': facilitated allowing subscribers to a service available to the public to keep their number, regardless of the operator, in a geographical area determined in the case of a geographic number and regardless of the place, in the case of numbers other than geographic; the facility does not keep the number between an operator of telephone services accessible to the public at a fixed location and an operator of telephone services accessible to the public on a mobile electronic communications network;
49 ° 'directory': book, list or file containing mainly or exclusively data about subscribers of a telephone service public and made available to the public to allow exclusively or mainly the identification of the number of end users;
50 ° "public telephone": telephone available to the public;
51 ° 'channel': a component of a device or a radio station for radiation and/or uptake of radio waves;
52 ° "base station": an an electronic communications network radio station installed and used at a certain place, and intended to provide radio coverage of a geographic area;
53 ° 'support': a structure which can be placed base station antennas;
54 ° 'site of antennas': all the constructions, with at least one support, antenna and space for electrical and electronic equipment, enabling the installation and operation of one or more base stations.
55 ° 'national roaming': the Faculty for an operator to allow its customers to access in the same country of basic services provided by another mobile communications network operator;
56 ° ' identification of the line ": number, sign or set of signs allocated to a Subscriber, an end user, a user or a terminal that allows it to be joined by other subscribers, end users or users of public networks or publicly available electronic communications services; electronic communications
57 ° 'caller ID': any given, available directly or indirectly, in the networks and services of an operator, which determines the number of the terminal, the Subscriber's name and the place where the terminal is located at the time of the call.
58 ° 'emergency': a public service or public service, recognized by the State in accordance with the procedure laid down in article 107, § 1, 1 °;
59 ° 'emergency number': number of emergency service fixed in accordance with the procedure laid down in article 107, § 1, 2 ° of the Act;
60 ° "emergency call": call to an emergency number in the context of the provision of assistance or assistance;
61 ° "Central Emergency Management": the place where are managed emergency calls to an emergency in an area of activity;
also referred to as hereinafter 'central management ';
62 ° 'zone of activity of a central management': geographical area for which the central management handles all calls to emergency services, hereinafter referred to as 'activity area.
63 ° «Auditor»: an auditor registered on the Board of the Institution of the réviseurs d'Entreprises;
64 ° "hospitals": the health care institutions referred to in article 2 of the law on hospitals, coordinated on 7 August 1987;
65 ° 'schools': any institution of secondary or higher education belonging to the network of a community, of a province, a municipality or a subsidized free network;
66 ° "public libraries": any public library recognized by the federal Government or a community.
S. 3. the provision of networks and electronic communications services is free, subject to the conditions laid down by or under the Act.
S. 4 § 1. When public safety, public health, public order, or the defence of the Kingdom so require, the King may, by Decree deliberated in the Council of Ministers, prohibit in whole or in part during the period determined by: 1 ° to provide networks or electronic communications services;
2 ° to hold or to use equipment.
The King may, for this purpose, prescribe any measures it deems appropriate, including the receivership of the equipment or making deposit to a specified location.
The measures referred to in this article give rise to the award of compensation.
§
2. In exceptional circumstances causing either the decommissioning, a footprint of means of civilian or military electronic communications that prevent the normal functioning of these, the King may, by Decree deliberated in the Council of Ministers, take any measure it deems necessary, including the requisition total or partial transmission capacities of the operators to the use of services or national priority calls numbers by emergency measure. If this requisition exceeds a duration set by himself, the King may set the terms of the need for any compensation for these requisitions.
CHAPTER II. -General missions of the Institute for electronic communications arts. 5. in the framework of the exercise of its powers, the Institute takes all appropriate measures in order to achieve the objectives defined in articles 6 to

8. these measures are based on the nature of the problems identified are applied proportionately and justified. They must be proportional to these objectives, and the principles of objectivity, transparency, non-discrimination and technological neutrality.
S. 6. in the performance of the tasks entrusted to it under this Act, the Institute promotes competition in the provision of electronic communications services, electronic communications networks and associated facilities: 1 ° ensuring that users derive maximum benefit in terms of choice, price and quality;
2 ° ensuring that competition is not distorted or impeded in the electronic communications sector;
3 ° promoting efficient investment in infrastructure, and supporting innovation.
4 ° promoting the use and the effective management of radio frequencies and numbering resources.
S. 7. in the performance of the tasks entrusted to it under this Act, the Institute contributes to the development of an internal market for networks and electronic communications services: 1 ° by encouraging the provision of networks and services of electronic communications at European level.
2 ° by encouraging the setting up and the development of transEuropean networks and the interoperability of pan-European services and connectivity from end to end;
3 ° ensuring that there be no, in similar circumstances, of discrimination in the treatment of operators who provide networks and electronic communications services;
4 ° in cooperation with other regulatory authorities as well as with the European Commission in a transparent manner to ensure the development of consistent regulatory practice at European level.
S. 8. in carrying out the tasks entrusted to it under this Act, the Institute shall ensure the interests of the users: 1 ° by controlling the compliance with such universal service obligations provided for in this Act;
2 ° ensuring a high level of protection for consumers in their dealings with suppliers;
3 ° contributing to ensuring a high level of protection of the personal data and privacy;
4 ° promoting the provision of clear information, including by requiring transparency of tariffs and conditions for using publicly available electronic communications services;
5 ° taking into account the needs of specific social groups, including end-users with disabilities;
6 ° ensuring the integrity and security of public electronic communications networks.
Title II the establishment of electronic communications chapter I. -Networks and services art. 9 § 1. The provision or resale in own name and for its own account services or electronic communications networks cannot commence, without prejudice to the provisions of article 39, only after notification to the Institute contains the following elements: 1 ° the name, address, VAT and trade register of the claimant or a similar identification number validly containing these data;
2 ° the person of contact with the Institute;
3 ° a brief and accurate description of his service or network;
4 ° the date at which activities should probably start.
The notification is done by registered post.
§ 2. Following notification, the operator in question can provide electronic communications networks or services and it can introduce requests for installation of resources in accordance with articles 25 to 28.
§ 3. Each operator shall inform the Institute of: 1 ° any changes made to the target elements in the § 1, except in the case where an identification number, containing validly referred data, has been communicated;
2 ° the stop of its activities.
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4. After receipt of the notification, Institute submits the operator a notice uniform confirming that he made a notification relating to the provision of services or electronic communications networks and that it may, as appropriate: 1 ° enter a request for installation of resources;
2 ° negotiate access;
3 ° obtain access.
S. 10. traders who meet the obligations to provide public electronic communications networks, or services may: 1 ° negotiate throughout the European Union access with suppliers of services or licensed public electronic communications networks;
2 ° be designated to provide different elements of the USPS on all or part of the territory.
Any operator who receives a request for access cannot refuse it for the simple reason that the applicant has not yet made a notification in Belgium, when this applicant has already been authorised in another State member of the European Union to provide electronic communications networks or services.
Licensed in another Member State however does not relieve the applicant of a notification in accordance with article 9 when it covers the provision of networks or electronic communications services.
When the applicant of another Member State, which provides services and operates no network, application access or interconnection, it need not necessarily have permission to carry out activities in Belgium. The concerned applicant must have a point of contact.
CHAPTER II. -The use of numbers and radio frequencies Section Ire. -Numbers art. 11 § 1. In accordance with the procedures laid down by the King after the opinion of the Institute, the Institute is responsible: (1) the management of the national numbering, as well as the mounting space and changes of national numbering plans;
2 ° the allocation and withdrawal of rights of use of numbers as well as the implementation of the procedures in question;
3 ° to publish national numbering plans and any additions or changes that concern unless this publication does not compromise national security.
§
2. The Institute shall ensure that an operator to which a series of numbers has been attributed, does not discriminate against other providers of electronic communications services as regards the number sequences used to give access to their services.
§ 3.
The conditions for obtaining and exercise of the rights of use of numbers are fixed by the Minister and may relate only to: 1 ° the designation of service for which the number is used and all requirements relating to the provision of this service.
2 ° use efficiently and effectively the numbers assigned;
3 ° the compliance with the requirements for number portability;
4 ° the communication of information to the subscribers listed in directories and directory enquiry services;
5 ° the compliance with the maximum subject to changes in the national numbering plan;
(6) the payment of fees for the use in accordance with article 30;
7 ° the compliance with all commitments made during the selection procedure by the operator who have obtained the right to use;
8 ° the compliance with all relevant international agreements relating to the use of the numbers.
When the Institute grants rights of use for a specified time, their duration is adapted to the service concerned.
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4. The allocation of rights of use for numbers does not last more than three weeks from the date of receipt of a complete application. The Institute publishes on its website the elements that make up a complete application.
§ 5. After a public consultation, in accordance with article 139, the Institute may decide to grant rights of use for numbers of particular economic value through comparative or competitive selection procedures. In this case, the Institute can extend for three weeks the period referred to in § 4.
§ 6. The King fixed, after opinion of the Institute, the portability of the blocks of numbers between operators.
§
7. Operators of public telephone services offer to their customers the ease of portability.
The specific King, after opinion of the Institute, the terms of number portability, the methodology for the determination of the costs for the implementation of this facility and the distribution of these costs between the parties concerned.
Section 2. -RF sub-section Ire.
-Principles applicable to all radio-frequency s. 12. articles 18 to 24 shall not apply to the radio frequencies including television broadcasting.
S.
13. the Institute is loaded: 1 ° of the radio spectrum management;
2 ° of the consideration of requests for the use of the radio frequency spectrum with the exception of applications for sound and television broadcasting;
3 ° for the coordination of radio frequencies both domestically and at the international level;
4 ° of the control of the use of radio frequencies.
For assignment and coordination of radio frequencies, the Institute shall take particular account of the international, regional or specific agreements y related and European provisions concerning the harmonization of radio frequencies.
S. 14. the King determines, by Decree deliberated in the Council of Ministers, after consultation with the Institute and after consultation with the communities, the technical requirements concerning the use of radio frequencies for provided that they are not only intended for broadcast signals. The Institute ensures adherence.
The King shall determine, by

Decree deliberated in the Council of Ministers, after consultation with the Institute and after consultation with the communities, the technical requirements concerning the allocation of radio frequencies intended exclusively for broadcast signals, which must be common to all broadcasting, regardless of their destination. The Institute ensures adherence.
S. 15. the Institute examines harmful interference on its own initiative or following a complaint and requires appropriate measures in order to stop. When equipment or facilities are at the origin of harmful interference, the costs to remove and prevent them are being charged to the responsible user of equipment or facilities in question.
S. 16. the King determines, after notice of the Institute and the communities, by deliberate order in Council of Ministers, the orders of general police of radio waves.
S. 17 coordination of radio frequencies broadcasting subject of a cooperation agreement with the communities, in accordance with article 92bis of the Special Act of 8 August 1980 institutional reforms.
Sub-section 2. – The rules applicable to the frequencies used fully or partly for services to public art. 18 § 1. The conditions for obtaining and exercise of the rights of use of radio frequencies used wholly or partly for services of electronic communications available to the public, are laid down by the King, by an order made after the opinion of the Institute and after deliberation by the Council of Ministers, and can only focus on: 1 ° service, the network or the technology, for which radio frequency usage rights are granted including, where applicable, the exclusive use of a radio frequency for the transmission of specific content or specific services;
2 ° the effective and efficient use of radio frequencies in accordance with legal and regulatory provisions applicable;
3 ° the technical conditions and operational necessary to avoid harmful interference and to limit the exposure of the general public to electromagnetic fields.
4 ° the maximum subject to changes in the national frequency plan;
5 ° transfer of rights at the initiative of the holder of the rights, and the conditions for the transfer.
6 ° the fees in accordance with article 30;
7 ° the commitments made by the operator who have obtained the right of use for radio frequencies during the selection procedure;
8 ° the obligations arising from international agreements relating to the use of radio frequencies.
§ 2. When the Institute grants rights to use radio frequencies for a specified time, their duration is adapted to the service concerned.
§ 3. When a frequency, subject to a right of use, is not put into service within a reasonable time, the Institute may withdraw the right to use after having heard the person concerned.
§ 4. It is clear from the opinion of the Institute that the risk of harmful interference is negligible and that it is compatible with the requirements of effective management of the radio spectrum, the King may decide not to impose some of the provisions in the § 1.
S. 19. when an operator wishes to transfer its rights of use for radio frequencies used fully or partially electronic communications services available to the public, it shall inform the Institute. The Institute gave its assent to the transfer of frequency at condition: 1 ° that is not originally from unfair competition, and 2 ° that it meets the requirements of the effective and efficient radio spectrum management.
In no case, the transfer of a frequency whose use is harmonised, entail a change of use of that radio frequency.
The fixed King, after opinion of the Institute, by Decree deliberated in the Council of Ministers, the modalities according to which the transfer of rights to use radio frequencies used wholly or partly for electronic communications services provided to the public, can take place.
S. 20 § 1. The Institute does not limit the number of rights of use to be granted for radio frequencies used fully or partially electronic communications services provided to the public, except for: 1 ° avoid harmful interference when they are the result of a lack of available space in the frequency spectrum, as long as the restriction is proportionate;
2 ° to ensure an effective and rational use of radio frequencies.
The King, after opinion of the Institute, establishes the procedure to limit the number of rights of use to be granted for radio frequencies used fully or partially electronic communications services available to the public.
§ 2. During the course of the procedure to limit the number of rights of use for radio frequencies used wholly or partly for services of electronic communications available to the public, the Institute shall ensure that: 1 ° all interested parties, including users and consumers, can express themselves on the restriction proposed in a public consultation, in accordance with article 139;
2 ° the motivation of each decision to limit the granting of rights of use to be communicated;
3 ° once the fixed selection process, interested parties are invited to introduce applications for rights of use;
4 ° the limitation be reconsidered with reasonable regularity or a reasonable request of the operators concerned.
S. 21 § 1 when the number of rights of use of radio frequencies used wholly or partially for electronic communications available to the public services must be limited, the Institute grants these rights on the basis of objective, transparent, non-discriminatory and proportionate selection criteria.
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2. Without prejudice to article 18, § 1, the procedure for the allocation of rights of use of radio frequencies used wholly or partly for electronic communications services available to the public and which are allocated for specific purposes within the national frequency plan lasts not more than six weeks from the receipt of the complete application.
The time limit referred to in the preceding paragraph may be extended by the Institute, in accordance with international agreements existing material, if it is necessary for the international coordination of frequencies.
The Institute shall immediately inform the applicant.
§ 3. When comparative or competitive selection procedures are applied for the allocation of rights of use of radio frequencies used entirely or partially for electronic communications services available to the public, the period referred to in paragraph 2 may be prolonged for maximum eight months by the Institute. The procedure referred to in article 20, paragraph 2, applies to comparative or competitive selection procedures.
S. 22 if an operator request to obtain a right of use for a portion of the radio spectrum for which no tendering procedure is planned, fixed Institute within six weeks following receipt of a complete application, the provisional conditions according to which the applicant may commence its activities or rejects such a request by motivating his refusal.
The time limit referred to in the preceding paragraph may be extended by the Institute, in accordance with international agreements existing material, if it is necessary for the international coordination of frequencies. The Institute shall immediately inform the applicant.
If the Institute allowed, on the basis of provisional conditions, the use of a fixed radio frequency used wholly or partially for any electronic communications services available to the public, the royal decree referred to in article 18 § 1, is suitable unless the King considers, after consultation with the Institute, that the right of use in question should be subject to other conditions.
The conditions of the right of temporary use are applicable changed to be made consistent with the provisions of the above-mentioned Decree.
S. 23 when the Institute decides that additional rights to use radio frequencies used wholly or partly for electronic communications services provided to the public may be issued, it makes this public decision and launches a call for applications for the granting of these rights in accordance with the procedures laid down by the King by Decree deliberated in the Council of Ministers, after opinion of the Institute.
S. 24. when the use of the radio frequencies used wholly or partly for electronic communications services available to the public has been harmonised, the conditions and the procedures of access have been established and that the operators to whom radio frequencies will be allocated, were selected in accordance with international agreements and Community requirements, the Institute grants the right to use the radio frequencies used entirely or partially for electronic communications services available to the public in complying with these provisions.
When all requirements for the right to use the radio frequencies concerned are fulfilled in the case of a common selection procedure, it is

not imposed other conditions, criteria or additional procedures that may restrict, alter or delay the proper implementation of the common procedure for the assignment of such radio frequencies.
CHAPTER III. -Shared use of sites Section Ire. -The shared use of antenna article sites 25 § 1. The operator makes every effort to install, wherever possible, its antennas on pre-existing materials, such as roofing of buildings, towers, facades, without this list being exhaustive.
§ 2. An operator who has support in property, allows reasonable and non-discriminatory manner the shared use of the antenna site.
§ 3. If the media of an antenna site is the property of an operator, it allows another operator to install its antenna on the media in question. If the adjoining premises are the property of an operator and allow the installation of the equipment of different operators in separate premises, it allows the operator who requests to also use them to install its base station.
§ 4. The fee for the shared use of a site includes the cost overall, namely the direct costs of acquisition of the land and the real costs of construction and maintenance, increased by a percentage equal to the weighted average cost of capital of the operator providing the shared use of the site. This fee is approved in advance by the Institute.
The levy is distributed between all the operators proportionally to their actual use or reservation of the antenna site.
If the shared use of the site requires strengthening work, the costs associated with this work are supported by operators who are originally.
§ 5. Any agreement on the shared use of a site must be reasonable, proportionate and non-discriminatory.
§ 6. The provisions of §§ 1 to 5 are extended to antenna sites whose support is the property: 1 ° a person who manages the site of antennas for the benefit of an operator;
(2) a person on which the operator may exercise directly or indirectly a dominant influence;
3 ° of a person who can exercise a dominant influence over the operator;
4 ° of a person who, as the operator, is subject to the dominant influence of another same.
The dominant influence is presumed when a person, directly or indirectly: 1 ° holds the majority of the subscribed capital of the Corporation;
2 ° has the majority of the votes attached to shares issued by the Corporation, or 3 person ° can appoint more than half of the members of the Board of Directors, management or monitoring of the legal person.
§ 7. Where an antenna site is the property of a third party, operators operating this site or using it in a shared manner, are opposed in any way to the conclusion of an agreement between the owner and operator, allowing it to use the site in a shared way.
S. 26 § 1. At least one month before introducing to the competent authorities an application for planning permission for a specific antenna site or a part of a site, each operator is required to notify its intention to the other operators.
They have a month to instruct the first operator in the shared use of the site.
If necessary, the first operator allows the shared use of the site of reasonable and non-discriminatory manner. Demand planning subject permission is adapted if necessary to use shared and introduced by operators who will use the site.
§ 2. After a reasoned request of an operator, the Institute may grant a derogation from the deadlines mentioned in the § 1.
S. 27 § 1.
An antenna sites database is created, containing all relevant information to facilitate the evaluation of shared use of these sites.
§ 2. The cooperation of the operators in the development and use of the database of antenna sites is mandatory.

§ 3. The King rule, after opinion of the Institute, the management of the database of antenna sites.
§ 4. The costs associated with the database of antenna sites are supported by all the operators concerned on the basis of an agreement negotiated between them.
In the absence of adaptation of this agreement within three months following the request by a new operator, costs related to antenna sites database and distribution by operator are determined by the Institute.
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5. The Institute ensures that the antenna sites database is managed in the public interest.
To this end, the Institute has access to the database.
The Institute may impose the measures it considers necessary for the preservation of the public interest and to promote a rapid system of exchange of information relating to the sites and their shared use.
Section 2. -The shared use of other sites art. 28. the King determines, after opinion of the Institute, the rules that are applicable to the shared use of other sites than those mentioned in the first section. The Institute makes precede its notice of a public consultation.
CHAPTER IV. -Royalties administrative s. 29 § 1. Administrative fees which are imposed on the operators, without prejudice to the provisions referred to in articles 43, 45, 46 and 47, are used to cover the costs of: 1 ° the establishment, management, control and enforcement of legislation and rights of use;
2 ° to the specific missions of the Institute access and universal service;
3 ° to international cooperation, harmonisation and standardisation, market analysis, monitoring compliance and other market controls;
4 ° to the notice and the application of secondary legislation as well as administrative decision-making.

The Institute covers administrative fees.
§ 2. The King, after opinion of the Institute, set the amount and procedures in administrative fee for an objective, transparent and proportionate distribution.
S. 30 § 1. The usage rights referred to in articles 11 and 18 may be subject to charges in order to ensure optimal use of these resources. The fees shall be recovered by the Institute.
§ 2. The King fixed, after opinion of the Institute, the amount and terms on fees referred to the § 1.
S.
31. the Institute shall publish and update on its website all relevant information on rights, conditions, procedures, charges and decisions relating to notifications and use rights.
Chapter V. - equipment art. 32 § 1.
Equipment may be detained or marketed only if they meet the basic requirements.
The basic conditions are the following: 1 ° the equipment represent no risk to the health and safety of the user and any other person and meet the objectives of the regulations for security guarantees that must have electrical equipment designed for use within certain limits of voltage, but without the voltage limit applying;
2 ° the equipment meets the purpose of the regulation of protection with regard to electromagnetic compatibility;
3 ° equipment are constructed that it effectively uses the spectrum allocated to terrestrial / space radiocommunication and orbital resources in order to avoid harmful interference.
§ 2. The King may, after receiving the opinion of the Institute, impose additional basic requirements for certain equipment that may concern: 1 ° the interaction through networks with other equipment, and the possibility to connect to interfaces of the same type;
2 ° the prevention of possible damage to the network, means of network abuse and actions leading to an unacceptable deterioration of the service;
3 ° the protection of the personal data and privacy of users and subscribers;
4 ° the fight against fraud;
5 ° access to emergency services;
6 ° the use easier for users with disabilities.
§ 3. Without prejudice to the provisions of §§ 1 and 2, the equipment may be detained and marketed only if they meet the following conditions: 1 ° the equipment shall be subject to an appropriate procedure to assess the conformity of the equipment to the relevant basic requirements referred to in §§ 1 and 2.
2 ° the equipment have a CE marking of conformity and other applicable trademark;
3 ° the necessary information concerning commissioning and operation equipment conditions are attached to the equipment.
The fixed King, after opinion of the Institute, the terms of the abovementioned conditions.
§ 4. Radio equipment using frequency bands whose use is not harmonised in the European Union are notified to the Institute before their placing on the market.
After receiving the opinion of the Institute, the King lays down the procedures.
S. 33 § 1. It is forbidden to hold, sell or use the following equipment: 1 ° the equipment whose use is inconsistent with one or more of the following provisions: has) sections 41 and 124;
(b) articles 259a and 314bis of the Criminal Code;
c) article 1, § 6, of the Act of June 21, 1985 the technical conditions to be met by any vehicle transport by land, its elements as well as the safety accessories;
2 ° of radio equipment, including types of radio equipment, which cause harmful interference.
If

the Institute can reasonably be considered that certain radio equipment may cause harmful interference to existing services or planned, it takes all necessary measures to prevent these harmful interference, including a ban or a withdrawal of the concerned radio equipment from the market.
§ 2. The provision of § 1, 2 ° does not apply when: 1 ° it is a radio transmitter device exclusively ordered, installed, and used to prevent radio in prisons. Such a transmitter device can only be used when public order or fight against crime requires, and 2 it's a transmitter apparatus for radiocommunication-cations authorised in accordance with article 39, § 1;
3 ° the commissioning of the sending device referred to in 1 ° has been notified at least 90 days before the operators providing service will be prevented, and 4 ° the precise date of commissioning of the sending device referred to in 1 ° has been notified in advance to the Institute, and 5 ° during commissioning, the Institute examined whether transmitter in question can lead to harmful outside prison interference.
In this case, commissioning is immediately stopped.
The rights of use of the operators are limited in the case of use of devices satisfying the conditions included in this paragraph.
After commissioning in accordance with part 5 °, the Institute shall regularly examine, on its own initiative, and so announced or not, if the sending device in question causes harmful interference outside the prison. If this is the case, it immediately has access to the prison in question and the transmitter unit is stopped under his supervision. Reactivation must be done under the provisions of § 2, 1 °, 2 °, 4 ° and 5 ° of this article.
S. 34. article 40 shall not apply to the: 1 ° equipment used exclusively by the public authorities for activities in defence, public safety and the security of the State;
2 ° radio equipment used by radio amateurs if they are: a) comply with the equipment referred to in article 1, definition of the International Telecommunications Union radio regulations 1.56;
(b) are not available commercially, in the sense that they can be assembled by radio amateurs from kits of parts or commercially available equipment and processed by radio amateurs for their own use;
3 ° equipment designated by the King that are used exclusively for the armament of ships;
4 ° products, materials and components within the meaning of article 2 of Regulation (EEC) No 3922/91 of the Council of 16 December 1991 on the harmonisation of technical requirements and administrative procedures in the field of civil aviation;
5 ° equipment and systems for air traffic management appointed by the King;
6 ° equipment exposed to grants and similar exhibitions provided that it is clearly stated that such equipment may not be placed on the market or be used;
7 ° equipment intended exclusively for export, provided that they are subject to prior authorization of the Institute.
S. 35. the user of the equipment uses them in accordance with the information contained in section 32, § 3, 3 °.
S.
36 § 1. Equipment that meet the legal requirements may be connected to the appropriate interfaces.
A public electronic communications network operator may not refuse such a connection for technical reasons.
§ 2. The use and marketing of equipment meeting the legal requirements but which causes despite any damage to the network, or violation of its functioning or even causes harmful interference, may be limited or prohibited in accordance with the procedures laid down by the King after the opinion of the Institute.
S. 37. Notwithstanding the provisions of article 32 the marketing and the use of the equipment are permitted if the equipment: 1 ° comply with the provisions of the royal decree of 10 November 1996 relating to the approval of telecommunications terminal equipment, as amended by the royal decree of September 20, 1998, or the provisions of the ministerial order of 19 October 1979 on private radio communications, amended by the royal decree of November 10, 1996 and ministerial orders of 24 December 1982 , December 19, 1986, July 7, 1989, June 22, 1992, 27 November 1992 and 19 October 1999, and 2 ° have placed on the market before April 8, 2001, and 3 ° comply with the approved original type.
Prior to the provisions of paragraph do not apply to terminal equipment referred to in article 3, § 4, 2 °, of the royal decree of November 10, 1996 on the approval of telecommunications terminal equipment.
S. 38. the operators of services on the public electronic communications networks publish technical specifications accurate and appropriate their interfaces before services provided via these interfaces are available to the public. Specifications are provided simply upon request to any interested person and are sufficiently detailed to be able to design terminal equipment complying with the relevant conditions of article 32, §§ 1 and 2, and that allow to use all the services which can be provided via the interfaces in question.
Public electronic communications services operators regularly these specifications update so that they always remain topical. Prior to publication, they recover a copy at the Institute.
CHAPTER VI. -Provisions on the use of the radio equipment art. 39 § 1. No person shall, in the Kingdom or on board a ship, boat, aircraft or any other medium subject to Belgian law, hold transmitter and/or receiver radio device or establish and operate a station or a non-public radio network without obtaining the written permission of the Institute. This permission is personal and revocable.
§ 2. The King fixed, after opinion of the Institute, the General rules for the granting, suspension and revocation of authorizations referred to the § 1. It can determine where these permissions are not required.
§ 3. The Institute establishes the obligations of holders of an authorization and the conditions to be satisfied by the stations and radio networks authorized.
§ 4. The specified permissions to the § 1 are not required for the radiocommunication stations established and used for military purposes or public security by services falling under the Minister of national defence, by the by the Allied Forces and the North Atlantic Treaty Organization.
S. 40. the Institute is responsible for the enactment of technical requirements regarding the use of radio equipment.
S.
41. with the exception of judicial police officers referred to in article 24 of the Act of 17 January 2003 on the status of the regulator of the sectors of posts and the Belgian telecommunications with respect to the point 2 °, no person shall, in the Kingdom on board a vessel, aircraft or any other means subject to Belgian law : 1 ° issue or attempt to emit alarm, emergency or distress signals or false or deceptive distress calls;
2 ° capturing or attempting to capture radio other than those referred to in article 314bis of the penal Code and which are not intended. If such communications are inadvertently received, they cannot be reproduced, communicated to third parties or used for a purpose any and their very existence cannot be disclosed except where required or permitted by law.
S. 42 § 1.
It is forbidden to sell, to rent, lend or give a camera transmitter and/or receiver radio private to anyone who has not obtained the authorization of possession of such a device, provided by article 39, § 1. The Institute can lift the ban for devices that are intended exclusively for export.
§ 2. Manufacturers, sellers or hirers of devices or appliances private radio communications transceivers and anyone who even occasionally, sells, leases, ready or gives a device or a set of spare parts for the construction of such a device, must make a statement to the Institute.
§ 3. The statement includes: 1 ° the nature and the date of the transaction;
2 ° the name and surname or business name and address of the purchaser;
3 ° the authorization number.
§ 4. The declarant shall ensure the accuracy of this information. It can for this purpose require the presentation of the identity of the purchaser or any other probative exhibit card.
§ 5. The installer shall ensure that the installation of the equipment is carried out in accordance with the conditions for authorisation. If the installation is not completed properly, the Institute can allocate costs control and the correct installation the installer.
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6. The King, after opinion of the Institute, shall adopt detailed rules for the application of this article and determines the appropriate control measures.
§ 7. This section is not applicable to radio equipment that was ordered for military purposes or public security services

of the Minister of national defence, by the North Atlantic Treaty Organization and the Allied Forces.
S. 43. the fixed King, after opinion of the Institute, the amount and method of payment of royalties owed to the Institute by the holders of authorisations, to cover expenses resulting from control of respect for their obligations and the conditions imposed on their stations and networks radio as well as for their provision of one or several frequencies and the right to use them.
The King determines, after consultation with the Institute, the conditions in which the holder of an authorisation is compensated for its costs when a technical modification of its devices or receivers of radio is imposed for reasons of public interest.
S. 44 § 1. Where public safety or the defence of the realm, the King may, by Decree deliberated in the Council of Ministers, prohibit in whole or in part and during time it determines, detention or the use of transmitters or receivers of radio devices.
He may prescribe all measures to this end, including the receivership or the filing of equipment in a specific place.
§ 2. These measures do not give rise to compensation.
CHAPTER VII. -Directories, information services and operation of communications systems at the disposal of public arts 45 § 1.
Persons wishing to make, sell or distribute a directory are required to make a statement from the Institute.
The King stops, after opinion of the Institute, the conditions under which are manufactured, sold or distributed directories, the content and the form of the declaration.
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2. Persons who provide public telephone services to subscribers put the necessary subscriber data available to persons who have made a declaration in accordance with the § 1, technical, financial and commercial conditions fair, reasonable and non-discriminatory.
§ 3. No cost to subscribers, persons who provide public telephone services to subscribers isolate data relating to subscribers who have requested not to be included in a directory, so that these customers can receive the directory without their data therein.
§ 4. People who have made a declaration in accordance with the § 1 may not use the reported data in accordance with § 2 for the provision of a directory.
§ 5. Persons who provide telephone directories and public telephone services respect the principle of non-discrimination in the treatment of the information that they are provided by other companies.
S.
46 § 1. Persons wishing to provide a service of information are required to make a statement from the Institute.
King stops, after opinion of the Institute, the conditions in which is provided intelligence as well as the content and the form of the declaration.
§ 2. Persons who provide public telephone services to subscribers are available to individuals who have made a declaration in accordance with the § 1, data relating to these customers in technical, financial and commercial conditions fair, reasonable and non-discriminatory.
§ 3. No cost to subscribers, persons who provide public telephone services to subscribers fail data relating to subscribers who requested to not be included in an intelligence service.
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4. People who have made a declaration in accordance with the § 1 cannot use the reported data in accordance with § 2 for the provision of an inquiry service.
S. 47. the fixed King, after opinion of the Institute, the categories of persons to which operators have entrusted the marketing of their services, which are required to make a declaration in accordance with article 9, as well as the terms of this statement and the fees in order to cover the costs of the Institute in this regard.
The King also establishes the conditions under which these people can market the services in question.
CHAPTER VIII. -Cryptography articles 48. the use of cryptography is free.
The provision to the public of cryptographic services that the King determines, after consultation with the Institute, is subject to a prior declaration to the Institute.
The King stopped, after opinion of the Institute, the content and the form of this statement.
Chapter IX other activities in electronic communications arts.
49 § 1. King fixed, by Decree deliberated in the Council of Ministers, after opinion of the Institute, the conditions that are applicable to other activities in electronic communications.
§ 2. The draft decree referred to the § 1 is subject to the opinion of the Council of State legislation Section. This notice is published at the same time as the report to the King and the royal decree y matter.
§ 3. The royal decree adopted in implementation of § 1 of this article shall be repealed once it has been confirmed by law in the fifteen months following its publication in the Moniteur belge.
Title III provisions guaranteeing fair competition chapter I:. -Provisions general article
50 any information an operator to another operator in the process of negotiation of an access agreement is confidential, without prejudice to the right of any interested person to disclose such confidential information to the Institute or any other administrative or judicial proceeding. It is processed exclusively for the purposes of the conclusion of the said agreement.
S. 51 § 1. If the parties fail to reach agreement during negotiations relating to access, the Institute can intervene, either on its own initiative or at the request of a party, after having heard them, in order to ensure the respect of the fundamental objectives laid down in articles 6 to 8.
§ 2. Without prejudice to the measures provided for in article 55, § 3, the Institute may impose obligations necessary to ensure end-to-end connectivity to operators that control access to end-users.
The Institute may impose the obligations it considers necessary concerning access to provide, which implies in the case also justifying the obligation to interconnect their networks where it is not yet carried out.
S.
52. any operator providing a public electronic communications network has an obligation to negotiate in good faith with any operator who so requests, an interconnection agreement for the provision of publicly available electronic communications services.
When the Institute, in accordance with the procedure laid down in article 51 § 1 imposes obligations concerning interconnection, may determine conditions regarding access to confer, as it considers appropriate.
S.
53. the King fixed, after opinion of the Institute, the elements that should at least be set in an agreement for interconnection.
Any interconnection agreement is communicated to the Institute in its entirety.
CHAPTER II. -Analysis of the relevant markets procedure and determination of operators having significant market power on those markets s. 54. after each publication by the European Commission of its "recommendation on relevant markets of products and services in the sector of electronic communications", also hereinafter referred to as: the "recommendation", and at regular intervals, the Institute determines the relevant markets for networks and electronic communications services, as well as their respective geographic extent.

S. 55 § 1. In accordance with § 4, the Institute performs at least as quickly as possible after the adoption of the recommendation or review thereof, an analysis of the relevant markets in order to determine whether they are actually competitive.
The exchange of information needed for this analysis, is done in accordance with article 137, paragraph 2.
§ 2. If the Institute in accordance with § 4 determines that a relevant market is effectively competitive, it does not impose or keep one any of the obligations referred to in articles 58 to 65.
When the Institute decides not to maintain an obligation in accordance with paragraph 1, it shall inform the parties concerned in the month following its decision.
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3. If the Institute determines that a relevant market is not effectively competitive, it identifies any operator with significant market power on that market in accordance with § 4, and imposed by those among the obligations referred to in articles 58 to 65 as it considers appropriate.
An operator is considered as having significant market power in a relevant market if, individually or jointly with others, it is located in a position equivalent to dominance, that is in a position to behave to an appreciable extent, independently of its competitors, customers or consumers.
When an operator is considered as having significant market power in a relevant market, it may also be considered as having significant market power on a closely related market, when links between the two markets are such as to enable the operator to use on one of the two markets, by leveraging, the power on the other market.
In this case, the Institute imposes on the related market or among the obligations referred to in articles 58 to 65 as it considers appropriate.
For each

relevant market, the Institute published in the Moniteur belge and on its website, the list of operators with significant market power and, where appropriate, operators with significant market power on a closely related market, as well as the list of the requirements for each of these operators.
§ 4. The Institute submits its decisions referring to this paragraph in prior consultation with the competition Council. The competition Council shall issue its opinion within 30 days calendar from the date of the sending of the draft decision by the Institute. After this time, the silence of the competition Council is equivalent to an approval of the above-mentioned draft decision.
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5. The Institute sends its decisions referring to this paragraph prior to the competition Council that within 30 days calendar emits a binding opinion on the issue of whether the decisions of the Institute are consistent with the objectives of the competition law. After this time, the silence of the competition Council is equivalent to approval of the above-mentioned decision.
S. 56 § 1. Without prejudice to the need to: 1 ° to comply with international commitments;
2 ° to ensure compliance with the provisions concerning co-location and sharing of resources;
3 ° to ensure compliance with the provisions on access to non-geographic numbers, number portability as well as European access codes, the processing of calls destined for the European telephone area;
4 ° to ensure compliance with the provisions contained in article 66;
5 ° to ensure end-to-end connectivity;
6 ° to enforce the commitments made by the operators who have obtained the right to use radio frequencies during a comparative or competitive selection procedure;
7 ° to enforce the provisions relating to the processing of data personal and the protection of privacy, provided for in title IV, the Institute does not impose any of the obligations set out in articles 58 to 62 to operators who have not been designated as having significant market power relevant.
§ 2. If warranted by exceptional circumstances, the King may, after receiving the opinion of the Institute, impose on operators which have significant market power in a relevant market of the access obligations other than those referred to in articles 58 to 62.
In this case, the European Commission's authorization is required.
CHAPTER III. -Provisions applicable to operators having significant market power in a relevant market art.
57. in order to ensure compliance with the obligations imposed under article 55, § 3, the Institute can access already concluded agreements to change.
S. 58. with regard to access, the Institute may, in accordance with article 55, §§ 3 and 4, impose obligations of non-discrimination.
S. 59 § 1. The Institute may, in accordance with article 55, §§ 3 and 4, define the obligations of transparency concerning access, under which operators must make public certain information, defined by the Institute.
The Institute says the information to be provided, the level of detail required and the terms of publication.
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2. When an operator is subject to obligations of non-discrimination, the Institute may impose to publish a reference offer, which is sufficiently detailed to ensure that operators are not required to pay for resources that are not necessary for the service requested. It includes a description of the relevant offers divided into components according to market needs, accompanied by corresponding conditions, including rates and terms.
§ 3.
Notwithstanding the § 1, where an operator is submitted to one of the obligations under article 61, § 1, al. 2, 1 °, the Institute may impose the obligation to publish such benchmark as described in § 2, concerning interconnection and full unbundled access and shared access to the local loop or local sub-loop, access Bitstream, or another form of access, depending on the type of access that must be authorized by the operator concerned.

If the Institute requires the obligation to publish a reference offer such as described in § 2, full unbundled access or shared access to the local loop or local sub-loop, this reference offer must at least contain the elements set out by the King, after opinion of the Institute.
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4. The Institute may require that the reference offer undergo changes as it considers necessary to enforce the measures provided for in this Act.
§ 5. Any reference offers, prior to its publication, approved by the Institute, and is available free of charge, in electronic form, on a freely accessible website.
The publication of a reference offer shall not preclude reasonable access requests not provided in this offer.
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6. If the Institute did not impose obligations to an operator as provided for in §§ 1, 2 or 3 of this article, it may impose on the operator which has significant market power in a relevant market to submit to its prior approval reference access tariffs that he practices on that market.
Therefor, the operator concerned shall communicate to the Institute any proposed tariffs, as referred to in paragraph 1 and all other necessary to assess the compliance with legal and regulatory provisions applicable.
The decision of the Institute shall be notified to the operator concerned within twenty working days of receipt of the proposed tariffs as well as all the elements that the Institute considers useful. After this time, the silence of the Institute is approval of the project.
S. 60 § 1. The Institute may, in accordance with the procedures laid down by the King, in accordance with article 55, §§ 3 and 4, impose obligations for accounting separation in relation to any activity in the field of access for which the operator has significant market power on the market.
The King specifies, after opinion of the Institute, the model and methodology accounting to be used by the Institute.
The Institute among others may require a vertically integrated operator to make its wholesale prices and its internal transfers among other transparent prices to ensure compliance with the obligation of non-discrimination laid down in article 58 or, if necessary, to prevent unfair cross-subsidies.
An authorized auditor designated by the operator shall verify, at the expense of the operator, compliance with the decision referred to in the preceding paragraph. The Institute publishes annually a declaration as to the compliance of the system on the basis of the conclusions of the report of the Réviseur d'Entreprises.
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2. Where the Institute considers it necessary, it may request, so motivated to submit all accounting records, including data on revenues from third parties. The Institute lays down the period within which documents must be provided.
The Institute may publish such information insofar as they contribute to the establishment of an open and competitive market, in compliance with the rules of confidentiality of business data.
S. 61 § 1.
The Institute may, in accordance with article 55, §§ 3 and 4, impose an obligation to meet reasonable requests for access to network elements and associated facilities specified by the Institute.
Operators may be required: 1 ° to give third parties access to certain items and/or resources of network, including unbundled access to the local loop;
2 ° to negotiate in good faith with the operators seeking access;
3 ° not to withdraw access to resources when it has already been granted;
4 ° to provide wholesale specified for resale to third parties;
5 ° to grant open access to technical interfaces, protocols or other key technologies that are indispensable for the interoperability of services or virtual network services;
6 ° without prejudice to the application of articles 25 to 28 provide a possibility of co-location or other forms of resource-sharing, including the shared use of paths of cables, buildings or towers;
7 ° to provide specific services necessary to ensure the interoperability of services from end to end, especially with users concerning resources for intelligent network services or roaming on mobile networks;
8 ° to provide access to systems of operational assistance or similar software systems necessary to ensure fair competition in the provision of services;
9 ° to interconnect networks or network resources.
The Institute can lay down conditions and arrangements of fairness, reasonableness and deadline for the execution of the obligations imposed pursuant to this section.
§ 2. When the Institute shall examine whether it is appropriate to impose the obligations in the § 1, it shall in particular consider the following: 1 ° the technical and economic viability using or implementing resource competitors, taking into account the pace of market change and the type of interconnection and access concerned;
2 ° the degree of feasibility of the provision of access proposed, taking into account the available capacity;
3 ° the initial investment made by the owner of the resource, without neglecting the risks inherent in the investment;
4 ° the need to safeguard competition in the long term;
5 °

where applicable, the intellectual property rights possible;
6 ° the provision of pan-European services.
§ 3. Insofar as this is necessary for implementing the obligations imposed by the Institute, the operators negotiate between them appropriate access agreements to provide.
If the parties fail to reach agreement during negotiations on access, fixed Institute, either on its own initiative or at the request of one of the parties, after hearing the parties concerned, the obligations concerning access to provide.
S.
62 § 1. Access, the Institute may, in accordance with article 55, §§ 3 and 4 and when it is also an analysis of the market that the operator concerned may, due to the lack of effective competition, keep prices to exaggerated levels or reduce the margins at the expense of end users, impose obligations relating to cost recovery, including the obligations on the direction of prices based on costs and obligations concerning cost accounting systems in material costs of an efficient operator.
Access, the Institute may also, in accordance with article 55, §§ 3 and 5, impose price control obligations.
§ 2. Any operator subject to the requirement of orientation of tariffs based on costs provides the Institute, at the request of the proof of compliance with this obligation.
When a cost orientation obligation is an operator, the costs taken into account are the costs associated with the provision of an efficient provision, including a reasonable return on investment.
To determine the costs associated with the provision of an efficient provision, the Institute can use accounting and costing methods distinct from those applied by the operator.
§ 3. When the implementation of a cost accounting system is mandated, the Institute publishes a description of the cost accounting system which includes at least the main categories grouping the costs and the rules for cost accounting.
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4. When cost accounting system applied by the Institute makes it necessary, the compliance with the cost accounting system is checked, at the expense of the operator, by an approved auditor appointed by this operator. The Institute publishes annually a declaration as to the compliance of the system on the basis of the conclusions of the report of the Réviseur d'Entreprises.
S. 63. operators designated by the Institute, in accordance with article 55, §§ 3 and 4, as operators having significant power on the market in the provision of access to the public at a fixed location telephone network and use of these offer to subscribers call operator selection functions and pre-selection of the operator with the possibility of derogation by appeal.
If justified by the interests of the users, the Institute may impose, in accordance with article 55, paragraph 3, of the obligations relating to the provision of the functions referred to in paragraph 1 on other networks or in other ways to the designated operators as operators having significant power on the market for the provision of access and use of electronic communications networks.
Access rates that operators referred to in this article may apply to the provision of the functions referred to in this article are cost-oriented.
S. 64 § 1. If the Institute finds that the obligations imposed under articles 58 to 63 would not achieve the objectives laid down in articles 6 to 8, it may impose, pursuant to section 55, §§ 3 and 5, one or more of the obligations referred to in paragraph 2 to the designated operators as operators with power on a given retail market.
The obligations imposed by the Institute focus on the ban: 1 ° to use abnormally high prices;
2 ° to impede access to the market;
3 ° to use predatory pricing restricting competition;
4 ° to apply undue preferences for certain end users;
5 ° to bundle an unjustified services.
§ 2. If the Institute wishes to control prices from end users in accordance with the § 1, may determine the systems of cost accounting necessary and appropriate, that the target operator applies.
In no event shall skills that are attributed to the Institute in the previous paragraph, must not involve the obligation for a powerful operator in a market determined, submit its retail rates to the prior approval of the Institute.
An authorized auditor designated by the operator shall verify, at the expense of this operator, compliance with the cost accounting systems. The Institute publishes each year a certificate of conformity of these systems.
S. 65. If the Institute finds that there is no effective competition on the market for supply of any or all of the minimum of leased lines package, as specified in the list of standards for the minimum of lines leased with features package harmonised European published in the Official Journal of the communities European, it means, in accordance with article 55, §§ 3 and 4 operators with significant market power on the whole or part of the territory of the Kingdom to provide the specific elements of the minimum package of leased lines.
Rates of the operator designated in accordance with the preceding paragraph are oriented based on costs.
The operator designated in accordance with paragraph 1: 1 ° applies for the establishment of tariffs relating to the items referred to the minimum set, a cost accounting system, which fulfils the conditions laid down by the Institute.
2 ° publishes, in the form and under the conditions determined by the Institute, information on the technical characteristics, prices and delivery conditions of the type in question of leased lines.
The operator designated in accordance with paragraph 1 does not practice discrimination under said provision of leased lines.
The operator designated pursuant to paragraph 1 that a request determined considers unreasonable to provide a leased line in the minimum rates and conditions of delivery package published, cannot change only with the agreement of the Institute.
If this proves necessary to ensure interoperability of services and the freedom of choice for users, the King may, after the opinion of the Institute, additional technical standards, which apply to the provision of certain elements of the minimum package of leased lines.
CHAPTER IV. -Provisions applicable to operators who have exclusive or special rights in sectors other than those of electronic communications arts.
66 § 1. Any operator who offers networks or public services of electronic communication and has exclusive or special rights for other activities is obliged to: 1 ° be keep separate accounts for the provision of networks or public electronic communications services, in the same manner as if these activities were carried out by legally independent companies, so as to identify on the basis of their calculations and details of the imputation methods applied, all items of expenditure and revenue related to their activities in the context of the provision of public electronic communications services or networks, including a breakdown by post capital and structural expenditure;
2 ° either to put in place structural separation for the activities relating to the provision of networks or public electronic communications services.
§ 2. Resource transfers, including transfers of capital and equipment of the activities subject to exclusive or special rights to activities in networks or public electronic communications services, are based on the market conditions.
§ 3. The King fixed, after receiving the opinion of the Institute, the model and accounting methodologies to use which must be applied in order to fulfil the obligations of this article.
Accounts separate, referred to the § 1, 1 °, is subject to inspection by an approved auditor appointed by and at the expense of the operator.
The Institute determines how is published the financial report on the separate accounts.
S. 67. in order to ensure respect of article 66, the Institute or its delegates can hear any person want to Institute.
The Institute or its delegates can consult all documents and request any information they deem necessary to verify compliance with article 66.
Chapter I of title IV the protection of the interests of the company and users.
-Service universal Section Ire. -Scope of Service universal art.
68. the services provided in respect of the universal service are: 1 ° the geographic component fixed of the universal service as defined in article 70.
2 ° the social component of the universal service as defined in article 74;
3 ° the availability of such public telephones as defined in article 75;
(4) the universal service of information as defined in section 79;
5 ° the placing at disposal of such universal directory as defined in article 86.
S. 69 § 1. The services provided in respect of service

such universal listed in article 68 are provided throughout the national territory, to a level of quality and price specified in the annex.
§ 2. Where technological or market conditions warrant, the King may, by Decree deliberated in the Council of Ministers, repeal, Supplement, modify or replace the provisions of the annex.
§ 3. The draft decree referred to in § 2 is subject to the reasoned opinion of the Council of State legislation Section.
This notice is published at the same time as the report to the King and the royal decree y matter.
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4. Royal order made pursuant to paragraph 2 of this article shall be repealed once it has been confirmed by law in the fifteen months following its publication in the Moniteur belge.
Section 2. -Of the fixed geographical component of the universal service sub-section Ire. -Definition art. 70 § 1. The fixed geographic component of the universal service consists in the provision throughout the territory, to any person who so requests, irrespective of its geographical position: 1 ° the basic telephone service public at a fixed location, as defined in the annex;
2 ° of a connection to a public telephone network in the position determined for end-users: has) to give and receive telephone calls local, national and international;
(b) exchanging communications by fax and data transmission;
(c) to have a functional Internet access;
(d) to have the possibility, in the event of failure to pay the phone bill, to be called by another Subscriber, excluding payable on arrival calls and call emergency services;
e) a service of technical assistance meets the requirements of article 116, paragraph 2.
§ 2. The fixed geographic component of the universal service is considered as being provided when the end user already has a public telephone service of base via a connection referred to the § 1, 2 °, of the universal service provider, either of another operator, whether or not through unbundled access to the local loop.
§ 3. The fixed geographic component of the universal service is regarded as being provided when at the request of the end user, there have been met with a more cost-effective solution.
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4. The fixed geographic component of the universal service must be provided to the principal residence of the end users.
Sub-section 2. -Designation of providers s. 71 § 1. The King, by deliberate order in Council of Ministers, after consultation with the Institute, determines the benefit period referred to in article 70, in full calendar years expressed.
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2. For the designation of the claimant, it is used a mechanism open, which detailed rules are laid down by the King, on the proposal of the Institute.
§ 3. If at the end of the open mechanism referred to in § 2, no offer has been accepted, the King shall, by Decree deliberated in the Council of Ministers, to a designated office in which the King means the claimant.
S.
72. in the event of failure of the provider, recognized by the Institute, the King, shall, on a proposal, the appointment of another provider to replace the failed claimant, in accordance with article 71 § 2 or § 3.
Sub-section 3. -Payment for providers s.
73. performed benefits are paid: 1 ° depending on the conditions and procedure laid down in articles 100 to 102 for any provider designated in accordance with article 71, § 3;
2 ° to a maximum of the amount at the end of the open appointment procedure for any designated provider in application of article 71, § 2.
Section 3. -Of the social component of the universal service s. 74. the social component of the universal service consists in the provision by each operator to certain categories of beneficiaries of special tariff conditions.
The categories of beneficiaries and tariff conditions referred to in paragraph 1, as well as the procedures to secure such tariff conditions are defined in the annex.
The Institute submit annually to the Minister a report on the relative shares of operators in the total number of social subscribers compared with their market shares on the basis of the turnover of the public telephone on the market.
There is established a Fund for universal service in social tariffs to compensate providers of social tariffs. This Fund is endowed with legal personality and managed by the Institute.
The King determines, by deliberate order in Council of Ministers, after opinion of the Institute, the modalities of operation of this mechanism.
If it turns out that the tariff reductions granted by the operator number is lower than reductions in rates corresponding to its share of the total turnover of the market of public telephony, this operator should compensate for this difference.
If it turns out that the number of rate reductions granted by the operator exceeds the number reductions in rates corresponding to its share of the total turnover of the market of public telephony, this operator will receive compensation in an amount equal to the difference.
The compensation referred to in the preceding paragraphs are due immediately.
Effective compensation operated through the Fund will take place as soon as it becomes operational and no later than in the course of the year following the entry into force of this section.
Section 4. -From the provision of public telephones sub-section Ire.
-Definition art. 75. the availability of public telephones is to ensure the establishment, maintenance and operation of public telephones according to the conditions laid down in the annex.
Sub-section 2. -Designation of providers s. 76. § 1. The King determines, by Decree deliberated in Council of Ministers, after opinion of the Institute, the period of delivery mentioned in article 75, expressed in full calendar years.
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2. For the designation of the claimant, it is used a mechanism open, which detailed rules are laid down by the King, on the proposal of the Institute.
§ 3. If at the end of the open mechanism referred to in § 2, no offer has been accepted, the King shall, by Decree deliberated in the Council of Ministers, to a designated office in which the King means the claimant.
S.
77. in the event of failure of the provider, found by the Institute, the King, on the proposal of the proceeds to the appointment of another provider in place of the failed claimant, in accordance with article 76, § 2 or § 3.
Sub-section 3. -Payment for providers s.
78 made benefits are paid: 1 ° depending on the conditions and procedure laid down in articles 100 to 102 for all claimant designated pursuant to article 76, paragraph 3;
2 ° to a maximum of the amount at the end of the open appointment procedure for all designated claimant in accordance with article 76, paragraph 2.
Section 5. -Universal service of information subsection Ire. -Definition art. 79. the universal service of information consists of provision across the national territory of a telephone information service according to the conditions laid down in the annex.
Sub-section 2. -Designation of the claimant s.
80 § 1. The King determines, by order deliberated in Council of Ministers, following the opinion of the Institute, the period during which the universal service of information must be supplied, expressed in full calendar years.
§ 2. The King means, by Decree deliberated in the Council of Ministers, after consultation with the Institute, a provider for the provision of the universal service of inquiries.
The King organizes for this purpose a procedure of open selection of the claimant and refers it to the end of the procedure.
§ 3. If, at the end of the selection procedure open referred to in § 2, paragraph 2, no application has been introduced or retained, the King proceeded to the designated office of the claimant.
S. 81. in the event of failure of the provider, found by the Institute, the King shall, on proposal of the Institute, to the appointment of another provider in place of the failed claimant in accordance with article 80, § 2 or § 3.
Sub-section 3. -Call routing and reporting data destined for the claimant s.
82. those who offer a publicly available telephone service provide the routing of calls made on their network to the universal service of information to the network of the provider of that service and priced the cost-oriented.
S. 83. those who offer a publicly available telephone service are available to the provider of the universal service of information at a cost oriented price, data relating to subscribers according to the conditions laid down by the King on the proposal of the Institute.
No cost to subscribers, persons referred to in paragraph 1 do not communicate data relating to subscribers who have asked that their data are not communicated to the universal telephone information service.
The persons referred to in paragraph 1 are responsible for the accuracy of the data that they communicate under paragraph 1. The Subscriber is responsible for the accuracy of personal data he communicates to people who offer a publicly available telephone service.
Subsection 4. -Use and provision of data relating to subscribers by the claimant s. 84. the service provider may use the data provided

pursuant to section 83 for the provision of the universal service of inquiries.
Subsection 5. -Compensation of the claimant s. 85. performed benefits are paid: 1 ° depending on the conditions and procedure laid down in articles 100 to 102 for all claimant designated pursuant to article 80, § 3;
2 ° to a maximum of the amount at the end of the open appointment procedure for all designated claimant in accordance with article 80, § 2.
Section 6. -Of the universal directory sub-section Ire. -Definition art.
86. the universal directory is the directory that meets the conditions relating to content, in the manufacture, distribution and publication of advertising as contained in the annex.
Sub-section 2. -Designation of providers s. 87 § 1. King means, by Decree deliberated in the Council of Ministers, after opinion of the Institute, a provider for the provision of universal directory.
§ 2. The King organizes for this purpose a procedure of open selection of the claimant and refers it to the end of the procedure.
§ 3. If, at the end of the selection procedure open referred to in § 2, no application has been lodged or retained, the King proceeded to the designated office of the claimant.
S. 88. in the event of failure of the provider recognized by the Institute, the King proceeded in accordance with article 87, and on proposal of the Institute, to the appointment of another provider in lieu of the claimant which the failure occurred.
Sub-section 3. -Communication of data providers article destination 89. those who offer a publicly available telephone service put at the disposal of persons designated under section 87, at a price the cost-oriented data relating to subscribers according to the conditions laid down by the King on the proposal of the Institute.
When transmitting data in application of paragraph 1, persons who provide a publicly available telephone service to subscribers isolate data relating to subscribers who have requested not to be included in a universal directory, so that these customers can receive the universal directory without their data are included.
The persons referred to in paragraph 1 are responsible for the accuracy of the data that they communicate under paragraph 1. The Subscriber is responsible for the accuracy of personal data he communicates to people who offer a publicly available telephone service.
Subsection 4. -Use and provision of data relating to subscribers by s. providers 90. the persons designated under section 87 may use the data communicated in accordance with article 89 for the provision of a universal directory.
Subsection 5. -Payment for providers s. 91 made benefits are paid: 1 ° depending on the conditions and procedure laid down in articles 100 to 102 for all claimant designated pursuant to article 87, paragraph 3;
2 ° to a maximum of the amount at the end of the open appointment procedure for all designated claimant in accordance with article 87, paragraph 2.
Section 7. -The Fund for universal service sub-section Ire. -General art. 92 § 1. The fixed King, after receiving the opinion of the Institute, by order deliberate in Council of Ministers, the status and the Organization of the Fund for universal service of electronic communications, hereinafter referred to as 'Fund '.
The Fund has legal personality and is managed by the Institute.
§ 2. The Fund is assigned to the remuneration of the providers of the services provided in respect of the universal service.
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3. The annual accounts, the annual report and the management of the Fund report are published at the same time as those of the Institute.
§ 4. Fund management fees are composed of all costs related to the operation of the Fund. This amount is determined by the Institute and vented between the management fees corresponding to the financing of the activities referred to in section 68 of the Act and other management fees. The King sets, by Decree deliberated in the Council of Ministers, the maximum amount of the Fund management fees.
Fund of the year costs are funded by the operators referred to in article 96, in proportion to their net turnover of loads of the year preceding the year in question.
Each year, the Institute sets the amount of participation in the Fund management fee payable by each of the operators referred to in paragraph 1.
Participation in fund management fees is paid at the latest on 30 September of the year concerned, to the account indicated by the Institute number.
Invoices that are not paid to the deadline will result ipso jure and without notice an interest at the legal rate plus 2%. This interest is calculated in proportion to the number of days behind schedule.
No later than one month before the deadline, the Institute communicates to the undertakings referred to in paragraph (2) the amount of the fee due.
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5. The King fixed, after opinion of the Institute, the arrangements for payments of contributions to the Fund and payments to providers.
S. 93. for the purposes of the following provisions, shall mean: 1 ° year, the calendar year during which the provision of universal service is performed;
2 ° claimant, any person who provides at least a component of the universal service during the year.
Sub-section 2. -Power of the Fund article
94. the Fund is fed by contributions paid by operators, established on the basis of their turnover, in accordance with the provisions of this section.
S. 95 § 1. The turnover taken into account matches the retail turnover before taxes on the provision of telephony available to the public on the national territory.
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2. Are considered on the national territory the activities giving rise to the levying of tax on added value within the meaning of the law of 3 July 1969, establishing the Code of value added tax.
Section 8. -Financing of the universal service sub-section Ire.
-Of the contribution art. 96. any operator who submit a notification in accordance with article 9 to September 1 of the calendar year preceding the year in question shall communicate to the Institute, in accordance with the ministerial order under article 137, § 2, its turnover for the year under review, according to the procedures laid down by the Institute.
S. 97 the King can fix, by Decree deliberated in the Council of Ministers, after receiving the opinion of the Institute, the slices of the turnover as well as a weighting factor based on which turnover falling within a specified band must be multiplied to determine the turnover of the operator referred to in article 98.
S. 98. no later than 15 November of the calendar year following the year under review, the Institute calculates and publishes the tax rate for the year in question, in accordance with paragraph 2.
The tax rate is the ratio between: 1 ° the sum of payments to providers for the year in question, as referred to in article 102;
2 ° and the sum of turnover figures weighted as referred to in article 96.
For the purposes of the application of article 2, 2 °, where an operator does not provide the information referred to in article 96 within the time prescribed by the Institute or where it provides incomplete manner, the turnover of this operator is determined by the Institute on the basis of any information that he considers relevant.
S.
99. the contribution corresponds to the product of the rate of taxation by the turnover weighted as calculated under article 97 or where appropriate referred to in article 98, paragraph 3.
Sub-section 2. -Of the fee art. 100. each provider designated Office shall communicate to the Institute, according to the procedures laid down in accordance with article 137, § 2, no later than 1 September of the calendar year following the year under review, the amount indexed for the reporting year net cost, calculated in accordance with the calculation method defined in annex.
No later than November 1st of the calendar year following the year under review, the Institute checks the net cost of each concerned service provider, in accordance with the methodology defined in the annex.
To this end, he may designate an auditor independent and at the expense of the Fund.
For each such service providers, the Institute publishes details of the net cost of each working component, with the exception of the social component, as approved by him. The index used for this purpose is the health.
S. 101. for each of the components of the universal service, with the exception of the social component, the Fund is liable to pay compensation to the concerned service providers.
The amount of indexed compensation: 1 ° to the net cost calculated according to the methodology contained in the annex, as approved by the Institute, for designated Office, and providers indexed by applying the index health;
2 ° to the amount at the end of the procedure open of designation, indexed by applying the health index, for any claimant designated pursuant to an open designation mechanism.
S. 102. no later than 30 November of the calendar year following the year under review, the Institute calculates and publishes, for each concerned claimant, the amount corresponding to the sum of the payments which the Fund is liable in his regard for the year concerned at the latest on that date.
Section 9. -Control art. 103. the Institute is responsible for the monitoring of implementation of the obligations of universal service in technical and tariff conditions laid down in the annex. For this purpose, it may refer to

a listener independent, and at the expense of the provider concerned, unless the claimant has been appointed ex officio, in which case the costs are borne by the Fund.
Institute reported annually, Ie 31 December at the latest to the Minister on possible adaptations of the universal service obligations.
S. 104. in the case of a failure of the claimant, recognised by the Institute in the execution of technical and tariff conditions universal service obligations laid down in the annex, the Minister may impose on the claimant concerned an administrative penalty which the amount may not exceed 1% of the turnover of the provider concerned for that year, calculated in accordance with article 95.
CHAPTER II. -Additional services art. 105. under the conditions and according to the technical and financial arrangements established by the King after the opinion of the Institute, one or several operators appointed by the King after the opinion of the Institute meet all reasonable requests: 1 ° to access the services of data switching;
(2) access to digital networks at a fixed location, including integrated services digital network, as well as a set of services based on these networks;
3 ° to access to a service of telex and telegraphy.
These requests remain valid until a date determined by the King, after opinion of the Institute.
S.
106 § 1. The King establishes, after opinion of the Institute, the list of operators collaborating on civil defence, as well as the conditions and modalities for this collaboration.
The King establishes, after opinion of the Institute, the list of operators who are collaborating with the Joint Committee on telecommunications, as well as the conditions and modalities for this collaboration.
King establishes, after opinion of the Institute, the list of operators and the modalities of the provision of leased lines required by the services referred to in article 151.
§ 2. Under the conditions and in the manner established by the King after the opinion of the Institute, designated operators take measures, including preventive, required to keep in case of exceptional location, the continuity of the services, including the traffic which it defines as a priority.
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3. A line giving access to the internet and responding to the needs of schools, public libraries and hospitals is put at the disposal of the latter throughout the territory of the Kingdom at an affordable price for the connection and subscription.
The tariff conditions referred to in paragraph 1 and the procedures to secure such tariff conditions, are defined in the annex.
The King determines the technical and financial conditions of the offer with the fare conditions referred to in paragraph 1. A cooperation agreement can be concluded for this purpose § 4. One or more operators can be loaded by the King, by Decree deliberated in the Council of Ministers, after consultation with the Institute, other missions to meet the public interest.
§ 5. In the financial and technical conditions laid down by the King after the opinion of the Institute, one or more operators ensure the provision of a special telephone rates for daily and weekly political and general information and news agencies established in Belgium and with which most of the national newspapers in or widespread in Belgium signed a subscription agreement.
S. 107 § 1.
The King fixed, after opinion of the Institute: 1 ° the list of public services or services of public interest, recognized as such by the competent authority, which, for the purposes of this Act, are considered emergency services;
2 ° the list telephone numbers of emergency services which users access for free and without it being necessary to have a means of payment;
3 ° emergency which operators support the costs for their end-users access to their networks and services, transmission via these same networks and the use of these same networks and services for the delivery of these emergency calls.
§ 2. Central management of the medical emergency and police services get free of the operators concerned the identification of the appellant, insofar as they are available.
The King fixed, after opinion of the Institute and after receiving the opinion of the Committee for the protection of privacy, the list of other emergency services that operators provide free of charge the identification data of the calling line provided that they are available for calls to emergency numbers.
This obligation also apply when plants of management of the medical service of emergency or police services are operated by an organization that is responsible for this task by the public authorities.
§ 3. The fixed King, after opinion of the Institute, the terms of the cooperation of operators with emergency services.
CHAPTER III.
-Protection of end-users Section Ire. -General subsection Ire. -Information of end-users s. 108 § 1.
Any contract between a Subscriber and operator, aimed at providing connection and/or access to a public telephone network is physically made available to the Subscriber and contains at least the following information: a) the identity and address of the operator;
b) services provided, the levels of quality of the services offered, as well as the time required for the initial connection, c) the types of maintenance service offered;
d) details of tariffs and the means by which up-to-date information on all applicable tariffs and maintenance charges may be obtained;
(e) the duration of the contract, the conditions for renewal and termination of services and of the contract);
(f) the terms and conditions of compensation and reimbursement applicable in cases where the quality levels of the services stipulated in the contract are not met;
g) the procedures for settlement of disputes, including the possible introduction of an appeal or a complaint to the telecommunications mediation service.
§ 2. Without prejudice to the application of chapter V, section 2, of the law of 14 July 1991 on trade and on information practices and the protection of the consumer, as they are notified of a proposed amendment of the contractual conditions, subscribers have the right to terminate their contract without penalty. Subscribers need to be informed individually and properly, in good time, at the latest one month before these changes, and are informed at the same time of their right to terminate this agreement without penalty not later than the last day of the month following the entry into force of the amendments, if they do not accept the new conditions.
In the case of tariff increase, the Subscriber has the right to terminate the contract without penalty not later than the last day of the month following receipt of the first invoice after the entry into force of the amendments, except if the General conditions provide a related increase in the consumer price index.
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3. The General conditions and the standard contracts relating to electronic communications services are published on the website of the operator after the notice of the mediation and the Advisory Committee on telecommunications service.
S. 109. the components of the publicly available telephone service rates should be described in detail to the attention of the consumer.
The tariffs for facilities to the provision of networks or electronic communications services are sufficiently non-commingled, so that the consumer is not required to pay for add-ins that are not necessary to the provision of networks or services requested.
S. 110 § 1.
Operators are free to subscribers a detailed basic invoice, the level of detail is fixed by the Minister after consultation with the Institute.
§ 2. In case of dispute of the base Bill, subscribers can obtain free of charge, on request, a detailed invoice.
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3. Free calls, calls to emergency numbers and calls to certain numbers set by the King after the opinion of the Institute are not indicated when invoicing.
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4. At least once a year, the operator indicates on its subscriber's Bill, the most advantageous tariff plan for him according to his consumption profile.
S. 111 § 1.
Operators publish consumer information comparable, adequate and up-to-date access to their networks and their services as well as the use of these networks and services.
The Institute establishes the precise content of the information to be published and the modalities of their publication.
Operators shall communicate to the Institute information and that information changes no later than one month prior to publication.
§ 2. The Institute facilitates the provision of information to enable consumers to make an independent evaluation of the cost of alternative use.
In addition, in accordance with the procedures laid down by ministerial order after the opinion of the Institute, it makes available on its website of the current information enabling the consumer to assess the most advantageous for him in the light of its plan to use.
S.
112. the products and services constitute a set within the meaning of article 55, 1 °, of the law of 14 July 1991 on trade and on information practices and the protection of the consumer,

so that it is permitted to offer them jointly to a total price: telephone, internet, TV services and/or interactive intermediate products, offered through integrated technology by active sellers in the field of telecommunications technologies, information and media. These services and/or interactive intermediate products may be offered in conjunction with cumulative compliance with the following conditions: 1 ° as long as the offer is valid, each product and each service must be acquired separately and at its usual price in the same establishment;
2 ° the consumer must be clearly informed of the selling price of each product or each service as well as price benefit;
3 ° the joint bid should allow the consumer to provide advantage in relation to the products or services offered separately. It must be a fixed or determinable benefit at the time of the purchase;
4 ° any indication concerning the joint bid and any title to acquire the advantage resulting must mention the possible limit of their period of validity, the conditions and any other terms of the offer;
5 ° when joint products and/or services are offered, the consumer cannot be bound by a contract for a period of one year at most, in respect of any specific legal provisions and provided that termination should take place in a timely manner. The application of retroactive penalties in the event of cancellation by the consumer is excluded. The advantage gained to the consumer until the time of the termination.
Sub-section 2. -Quality and security of networks and services art.
113. in pursuance of article 8, 6 °, the Institute coordinates the initiatives relating to the quality and security of electronic communication services. It is responsible to detect, to observe and analyze security issues, and provide users of continuous information on the subject.
Undertakings providing electronic communication services must publish on their Internet site, for end-users, comparable, adequate and up-to-date information concerning the quality and secure access to their services. The information is also communicated to the Institute before publication if he requests.
The Institute may specify inter alia, indicators relating to the quality of the service, as well as the content, the form and method of publication of the information in order to ensure that end-users have access to comprehensive, comparable and easy-to-operate information.
The Institute makes available, on its website, up-to-date and comparable information regarding access secure services of different providers of internet services, the security of networks and services and software allowing end users to prevent electronic communication unwanted in all its forms.
S. 114. the provider of a publicly available electronic communications service takes technical and organizational measures appropriate to ensure the security of its services, if necessary together with the provider of the public communications in which network the safety of the network. Given the State of the art and the cost of their implementation, these measures shall ensure a level of security for the existing risk.
The provider of software for electronic communication also takes these measures.
When there is a particular risk to the safety of its network, the operator concerned shall inform subscribers and the Institute of this risk.
Operators provide free to their subscribers, taking into account the State of technology, adequate security services, in order to allow end users to avoid any form of unwanted electronic communication.
Software for the electronic communication providers are also obliged to their client.
When it finds an infringement of the integrity of its network, the operator concerned shall take all measures necessary to inform as soon as possible authorities, operators and the affected subscribers.
S. 115. operators of fundraising troubles, give priority to the following persons: 1 ° urgency and priority services defined by the King after the opinion of the Institute;
2 ° hospitals, physicians, pharmacists and veterinarians providing care;
(3) invalids, sick who require special care as well as persons with disabilities, in the manner established by the King after the opinion of the Institute.
Repair means repair of the line or the provision of an alternative service.
S. 116. the operators provide end users a helpline by phone. The helpdesk is accessible by a geographic number or a non-geographic number, provided that the cost of communication per minute is not higher than that of a geographic number.
The helpdesk by phone referred to in paragraph 1 recorded end-user requests the lifting of disturbances and difficulties in communication. It forwards these requests to the competent services as soon as possible.
Sub-section 3. -Easy payment art. 117. the Minister may designate, after consultation with the Institute, providers of services provided in respect of universal service which should allow end users access to the public telephone network and use of publicly available telephone services through a prepayment system.
Fixed Minister, after receiving the opinion of the Institute, the modalities of the prepayment system.
S. 118. the Minister may designate, after consultation with the Institute, providers of services provided in respect of universal service which should allow subscribers access to a public telephone network by means of instalments.
S. 119 § 1.
Without prejudice to the application of article 70, § 1, 2 °, d), fixed Minister, after receiving the opinion of the Institute, the list of measures that may take the operators in the event of unpaid invoice.
The measures are listed in the contract referred to in article 110.
§ 2. These measures ensure that the Subscriber receives a prior warning of an interruption of service or a disconnection resulting from this non-payment.
Except in the case of fraud or non-payment persisted concerning which there is no challenge, provided that either technically feasible, these measures ensure to limit the interruption to the service concerned.
These measures provide that before full service, the operator interrupt provides free of charge a reduced service whereby the end user has the possibility to be called, excluding payable on arrival calls, and call itself to emergency services.
S. 120. at the request of the end user, operators providing electronic communications service for free block outbound mail from a particular type or for certain categories of numbers as defined by the Minister, after receiving the opinion of the Institute.
Subsection 4. -Provision of complementary services art. 121 § 1. The King lays down the conditions under which the Institute may require, using international and national standards or practices accepted and used internationally by organizations international or national level of standardisation or harmonisation in electronic communications sector, operators who operate public telephone networks make available to end-users the supplementary services following : 1 ° identification of the calling line;
2 ° the numbering to the keyboard.
§ 2.
The King may not require the availability of the supplementary services referred to the § 1 on all or part of the territory if it considers after the opinion of the Advisory Committee on telecommunications and the Institute that access to these supplementary services is sufficient.
Section 2. -Confidentiality of communications, data processing and privacy privacy article 122 § 1. Operators delete traffic data about customers or end-users of their traffic data or make these anonymous data, as soon as they are no longer needed for the transmission of the communication.
Paragraph 1 applies without prejudice to the compliance cooperation, as provided by or under the Act, with: 1 ° the competent authorities for research or the prosecution of criminal offences;
2 ° the mediation service for telecommunications for the search for the identity of any person making a malicious use of a network or an electronic communications service.
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2. By way of derogation to the § 1, and in Ie sole purpose to establish bills of subscribers or to make the payments for interconnection operators store and process the following data: 1 ° identification of the calling line;
2 ° relative addresses to the Subscriber and instead of connection, as well as the type of terminal equipment;
3 ° the total number of units to be charged for the billing period;
4 ° the called line identification;
5 ° the type of call, the time at which the call began, the duration of the call, or the amount of data transmitted;
6 ° the date of the communication or the service;
7 ° of other information relating to payments, such as those relating to the advance payment, the payment by instalments,

disconnection and reminders.
Without prejudice to the application of the law of 8 December 1992 relative to the protection of privacy with regard to the processing of personal data, the operator informs, before treatment, the Subscriber or, where appropriate, the end user to which the data relate: 1 ° of the types of data traffic handled;
2 ° the precise objectives of the treatment;
3 ° the duration of the treatment.
The treatment of the data listed in paragraph 1, is permitted only until the end of the challenge to the invoice period or until the end of the period during which an action can be taken to obtain payment.
§ 3. By way of derogation to the § 1 and for the sole purpose to provide marketing services of own electronic communications or services in traffic or location data, operators can process the data referred to the § 1 and to the following conditions: 1 ° the operator informs the Subscriber or, where appropriate, the end user to which the data relate prior to obtaining the consent for processing
(: a) of the types of traffic data processed;
(b) specific treatment goals;
(c) for the duration of the treatment.
2 ° the Subscriber or, where appropriate, the end user, has, prior to treatment, given its consent for the processing.
Consent for treatment within the meaning of this section, means the manifestation of will free, specific and based on information by which the interested party or his legal representative accepts that data traffic related to him are treated.
3 ° the operator concerned offers free to its subscribers or its end-users the opportunity to withdraw consent in a simple way.
4 ° the processing of the data in question is limited to acts and duration necessary to provide the service to data traffic or location in question or to the action of marketing in question.
These conditions shall apply subject to the additional conditions arising from the application of the law of 8 December 1992 relative to the protection of privacy with regard to the processing of personal data.
§ 4. By way of derogation to the § 1, the data can be processed to detect possible fraud.
The data are transmitted to the competent authorities in the event of crime.
§ 5. Data as listed in this article can be addressed only through those charged by the operator billing or traffic management, treatment of inquiries of customers, detect fraud, marketing the services of own electronic communications or the provision of services to traffic or location data.
Treatment is limited to what is strictly necessary for the exercise of such activities.
§ 6. The Institute, the Council of competition, the courts of the judiciary and the Council of State can, within their competence, be informed of relevant traffic and invoice data for the settlement of disputes, including disputes relating to interconnection and billing.
S. 123 § 1. Without prejudice to the application of the law of 8 December 1992 relative to the protection of privacy with regard to the processing of personal data, mobile network operators cannot deal with location data relating to a Subscriber or an end user when they have been rendered anonymous or that treatment is part of the supply of a service to traffic or location data.
§ 2. The treatment in the context of the supply of a service to traffic or location data is subject to the following conditions: 1 ° the operator informs the Subscriber or, where appropriate, the end user to which the data relate prior to obtaining their consent for the treatment: a) types of location data processed;
(b) specific treatment goals;
(c) for the duration of the treatment.
(d) third possible that these data will be transmitted;
(e) the opportunity to withdraw consent at any time, permanently or temporarily, given for the treatment.
2 ° the Subscriber or, where appropriate, the end user, previously a treatment, given its consent for the processing.
Consent for treatment within the meaning of this section, means the manifestation of will free, specific and based on information by which the person concerned or his legal representative accepts that location pertaining to data processed.
3 ° the processing of the data in question is limited to acts and duration necessary to provide the service to data traffic or location in question.
4 ° the operator concerned offers free to its subscribers or its end-users the opportunity to withdraw consent, easily and at any time, permanently or temporarily.
§ 4. The data referred to in this article can be treated only by persons who are employed under the authority of the operator or the third party that provides traffic and location data to the service.
The treatment is limited to what is strictly necessary to provide the service of traffic or location data.
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5. The fixed King, after the opinion of the Committee on the protection of privacy and the Institute, the procedures whereby the operators, at the request of the emergency services who wish to respond to an emergency call, may be forced to cancel the temporary denial or absence of consent of the Subscriber or the end user regarding the treatment of data by separate line in order to respond to an emergency call.
This cancellation is free.
S. 124. If it is not allowed there by all persons directly or indirectly concerned, no person shall: 1 ° intentionally take knowledge of the existence of an intelligence of any nature transmitted by communication electronic and not him is not intended personally;
2 ° intentionally identify the persons involved in the transmission of information and its contents;
3 ° without prejudice to the application of articles 122 and 123 intentionally inspect data relating to another person and electronic communications;
4 ° amend, delete, reveal, store or use any information, identification or data obtained intentionally or not.
S. 125 § 1. The provisions of section 124 of this Act and articles 259a and 314bis of the Criminal Code are not applicable: 1 ° when the law allows or requires the completion of the acts;
2 ° when the acts are performed for the sole purpose to check the proper functioning of the network and ensure the successful implementation of an electronic communications service;
3 ° when the acts are performed to allow the intervention of relief and emergency response services to the requests for assistance addressed to them;
4 ° when the acts are performed by the Institute in the context of its overall mission of surveillance and control;
5 ° when the acts are performed by the mediation service for telecommunications or the latter's request in the context of its legal tasks of research;
6 ° when the acts are performed for the sole purpose of providing services to the end-user of to prevent the receipt of electronic communications not desired, provided that they have received authorization from the end user for this purpose.
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2. The fixed King, after the opinion of the Committee on the protection of privacy and of the Institute, by Decree deliberated in the Council of Ministers, the ways and means to implement to enable identification, tracking, locating, tapping, knowledge and recording of electronic communications.
S. 126 § 1. By Decree deliberated in the Council of Ministers, the fixed King, on the proposal of the Minister of Justice and the Minister and after consultation with the Commission for the protection of privacy and the Institute, the conditions under which operators record and retain traffic data and data identification of end-users for the prosecution and punishment of criminal offences with a view to the Suppression of malicious calls to the emergency services and for research by the mediation service for telecommunications of the identity of the persons who made a malicious use of a network or an electronic communications service.
§ 2. Record keeping as well as the duration of conservation, which publicly available telephone service cannot be less than 12 months nor exceed 36 months are determined by the King in a decree deliberated in the Council of Ministers, after consultation with the Commission for the protection of privacy and the Institute.
Operators shall ensure that the data included in the § 1 are available in an unlimited way of Belgium.
S. 127 § 1. The King fixed, after receiving the opinion of the Commission for the protection of privacy and the Institute, the technical and administrative measures which are imposed on operators or end-users, enabling: 1 ° identification of the calling line as part of an emergency call;
2 ° identification of the appellant, tracking, locating, tapping, knowledge and recording of private communications to the conditions laid down by articles 46bis, 88bis and 90b to 90decies

of the Code of criminal procedure.
Fixed King, after the opinion of the Institute, the method for the determination of the contribution to capital costs, operating and maintenance of these measures which is the responsibility of the operators of networks and electronic communications services, as well as the period within which operators or subscribers must implement the measures imposed.
§
2. Are prohibited: the supply or use of a service or equipment that makes it difficult or impossible the execution of the operations referred to the § 1, with the exception of encryption systems that can be used to ensure the confidentiality of communications and the security of payments.
§ 3. Until such time as the measures referred to the § 1 shall enter into force, the prohibition referred to in paragraph 2 does not apply to the mobile public electronic communications services provided on the basis of a prepaid card.
§ 4. If an operator does not meet the technical and administrative measures imposed on him within the time limit set by the King, it is prohibited to provide the service for which the measures in question were not taken.
§
5. Operators switched off the end users who fail to comply with the technical and administrative measures imposed on them within the deadline set by the King, networks and services to which the measures imposed shall apply. These end users are in no way compensated for disconnection.
If an operator does not disconnect end-users who do not respect the technical and administrative measures imposed on them within the time limit set by the King, it is prohibited to provide the service for which the end-user has failed the measures which were imposed, until the caller ID has been possible.
S.
128. without prejudice to the application of Act of 8 December 1992 on the protection of privacy with regard to the processing of personal data, the registration of an electronic communication and traffic data relating thereto made in lawful commercial transactions as evidence of a commercial transaction or another professional communication, is permitted provided that the parties involved in the communication are informed of the registration specific objectives and the duration of storage of the registration before the registration.
The data referred to in this article are erased at the latest at the end of the period during which the transaction can be challenged in court.
By way of derogation from articles 259a and 314bis of the penal Code, making of knowledge and the registration of electronic communications and traffic data, which are aimed only at controlling the quality of service in call centers are allowed, provided that people who work in the call center are informed in advance, and without prejudice to the application of the law of 8 December 1992 relative to the protection of privacy the possibility of taking knowledge and record the specific purpose of this operation and the shelf life of communication and data recorded. These data may be stored maximum one month.
S. 129. the using of electronic communications networks to store information or to access information stored in the terminal equipment of a Subscriber or an end user is only allowed on condition that: 1 ° the Subscriber or the final user concerned receives in accordance with the conditions laid down in the law of 8 December 1992 relative to the protection of private life and with regard to the processing of personal data clear and precise information about the goals of treatment and their rights on the basis of the law of 8 December 1992;
2 ° the controller gives, prior to treatment, clearly legible and unequivocal, the possibility to the Subscriber or to the end-user concerned to refuse planned treatment.
The 1st subparagraph shall apply without prejudice to the registration technical information or access to information stored in a customer or end-user terminal with the sole purpose to facilitate the sending of a communication over an electronic communications network or to provide a service of the society of the information expressly requested by the customer.
The absence of refusal to the meaning of paragraph 1 or the application of paragraph 2, does not exempt the person responsible for the processing of the obligations of the law of 8 December 1992 relative to the protection of privacy with regard to the processing of personal data which are not imposed by this section.
S. 130 § 1. When the presentation of calling line identification is offered as a service, the calling subscriber operator offers free and on simple request, the possibility to the end user calling to oppose the presentation of the identification of the calling line for each call separately or permanently. This facility is offered by separate line owned by the Subscriber.
When the facility referred to in paragraph 1 is used, the operator of called subscriber is not allowed to offer the presentation of calling line identification to its subscriber.
§
2. When the presentation of calling line identification is offered as a service, called subscriber operator offers free and on simple request the possibility the Subscriber called to cancel the presentation of the identification of the calling line for incoming calls.
This facility free disappears when the Subscriber uses this facility to unreasonably.
The fixed King, after opinion of the Institute, cases that may be considered unreasonable use of the facility referred to in this paragraph and compensation that may be charged for this use.
§ 3.
When the presentation of calling line identification is offered as a service, and this identification is presented before the communication is established, the called subscriber operator offers the possibility to the called subscriber to refuse incoming request calls when the presentation of the calling line identification has been canceled by the user or the calling subscriber.
§ 4. When the presentation of the connected-line identification is offered as a service to the caller, the operator of called subscriber offer free of charge and on request the possibility to the called subscriber to prevent the presentation of the identification of the line connected to the calling end user.
§ 5. Operators broadcast large scale of information: 1 ° the facilities offered by them for calling line identification and the identification of the called line.
2 ° all services offered on the basis of these facilities;
3 ° the available possibilities offered pursuant to this section for the protection of privacy as well as their conditions of use.
The information referred to in this paragraph must in all cases be offered to own customers on an individual basis.
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6. The fixed King, after the opinion of the Committee on the protection of privacy and the Institute, the conditions and procedures under which operators may be forced, at the substantiated request of a person being the victim of a use malicious of any network or service of electronic communications, to cancel the removal of the presentation of calling line identification.
The cancellation of the Elimination of the presentation of the identification of the calling line for the purposes of this paragraph is limited to actions and duration necessary to identify the person who made a malicious use of a network or an electronic communications service.
King fixed, after receiving the opinion of the Committee on the protection of privacy and the Institute, the manner in which and the conditions to which the identification of the calling subscriber data obtained are recorded and made available to the applicant.
§ 7. The fixed King, after the opinion of the Committee on the protection of privacy and the Institute, the procedures whereby the operators, at the request of the emergency services who wish to respond to an emergency call, may be forced to cancel the deletion of the presentation of calling line identification.
The cancellation of the Elimination of the presentation of calling line to respond to emergency calls is free.
S. 131. the operator offers, free of charge and on request, the possibility to its customers to terminate the reference automatic calls through a third party to the terminal of the Subscriber provided that this is technically and operationally feasible for the operator.
The King may determine, after consultation with the Institute, the modalities of cooperation between the various operators, if the third party responsible for the reference is not a customer with the same operator as the subscriber requesting to put an end to the reference.
S. 132. for subscriber lines connected to analogue exchanges, operators may be exempted by the Institute for one or several obligations referred to in articles 130 and 131, provided that they prove that it is technically impossible to offer the facility in question or that it requires a disproportionate economic effort.
The exemption decision within the meaning of this article is limited in time.
In any case, it ceases to exist when the subscriber line is connected to a digital central.
The

exemption decision is published in the Moniteur belge and on the Institute's website.
The exemption decision shall be communicated to the European Commission.
S. 133 § 1.
Providers of a publicly available telephone service shall inform their subscribers free of charge and before you include them in a directory or a telephone information service, of: 1 ° the function of the directory or telephone information service;
2 ° the directory listing free or telephone information service;
3 ° where appropriate, the directory or telephone information service applications that deviate from the search for personal data on the basis of the name and, if applicable, domicile, residence or the place of establishment of the Subscriber.
Only personal data that are relevant to the function such that communicated in accordance with paragraph 1, and which the Subscriber in question indicated that they could be included in the directory or the telephone information service in question, may be included in the phone book or the phone information service.
To this end, two separate questions are asked by the operator to the Subscriber: 1 ° if it wishes that its coordinates appear in the universal directory and the universal information service;
2 ° if it wishes that its coordinates appear in other directories or other information services.
For minimum of a Subscriber in the phone book or the phone information service registration or the non-inclusion of personal data, no charge may be imposed.
If the directory or telephone information service can be used for applications other than the search for personal data on the basis of the name, and where appropriate, the domicile, residence or the place of establishment of the Subscriber, the phone book or the phone information service cannot offer these applications only if the Subscriber in question gives separate consent to that effect.
Consent within the meaning of this section, means the manifestation of will free, specific and based on information by which the interested party or his legal representative accepts that personal data concerning processed for the purposes referred to in the preceding paragraph.
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2. Any customer has the right to check the personal data concerning it in accordance with the conditions laid down by or pursuant to act of 8 December 1992 on the protection of privacy with regard to the processing of personal data.
Any customer also has the right to correct or to remove free directory or the telephone information service, data personal about according to the procedures and on the conditions laid down by the King after the opinion of the Committee on the protection of privacy and the Institute.
Section 3. -Protection of end-users in the use of some special numbers s.
134 § 1. II is created an Ethics Commission for the provision of services via electronic communications networks, hereinafter referred to as "the Board of ethics for telecommunications". The fixed King, after receiving the opinion of the Institute, the composition and the term of office of the members of the Ethics Commission for telecommunications as well as the procedure and the practical rules relating to the functioning of the Ethics Commission for telecommunications.
The Ethics Commission for telecommunications comprises at least two representatives of the family interests, a representative of the Minister of the economy, a representative of the Minister of Consumer Protection, a representative of the Minister of Justice, a representative of the Minister and a President, appointed by the Minister. Members are appointed for a period of five years.
The rules of procedure at least provide notification of a complaint or a finding of a breach of the Code of ethics for telecommunications to the alleged offender, a reasonable period during which he may prepare his defence and the right to adopt a point of view written and oral concerning the alleged infringement.
The Institute provides the secretariat for the Ethics Commission for telecommunications.
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2. On the proposal of the Ethics Commission for telecommunications, the King fixed a Code of ethics for telecommunications.
The Code of ethics for telecommunications refers to the series of numbers for which he is authorised to charge, in addition to the price of communication, also compensation for content and described the conditions of pay services may be offered to end users via electronic communications networks.
People who offer pay services via electronic communications networks are required to comply with the Code of ethics for telecommunications.
The Ethics Commission for telecommunications to decide on compliance with the Code of ethics for telecommunications following a complaint by the parties concerned, directly or after the intervention of the mediation for the telecommunications service.
The decisions of the Ethics Commission for telecommunications are reasoned and published.
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3. Violations of the Code of ethics for telecommunications are sanctioned for an administrative fine in an amount of EUR 125 to 12 500 or a suspension of the activities of 1 to 30 days.
In the event of serious or repeated infringements, the Ethics Commission for telecommunications may direct the write-off of the services concerned, as well as the prohibition to initiate new services.
To pronounce sanctions, the Ethics Commission for telecommunications reflects the seriousness of the offence and the wilfulness or not it.
When the Ethics Commission for telecommunications pronounced an effective penalty, the offender shall pay to the aggrieved party, through the operators concerned and within 30 days following the notification of the verdict, the amount obtained from the injured following the infringement.
S. 135. the activation of a screening service or the transfer of a number by an operator without the prior express written consent of the end user, and clear information about the screening service is prohibited.
Disabling a service of screening by the provider of the service in question is possible: 1 ° subject to the express prior consent of the end user;
2 ° when the end-user does not respect material obligations of the contract concluded with the screening, and after that service provider has informed clearly the end user of the consequences of disabling its screening service.
Disabling of a preset by the operator access is possible: 1 ° after prior request by the service provider of screening for the cases provided for in paragraph 2, 1 °;
2 ° with the express consent written the end-user, and after clear information about the effects of disabling the service of screening;
3 ° because of technical limitations defined and recognized by the Institute, after prior authorization of the Minister.
The person who wrongly asked an operator a number transfer or enable or disable a pre-selection or screening of the operator service person that disables wrongly a pre-selection of the operator activated rightly can claim prejudiced end-user payment of communications made during the four months prior to the introduction of the complaint and if necessary shall refund the amounts already collected. In addition, it is required to pay lump-sum intervention of 750 euros to the undertaking thereby temporarily loses a final user.
A complaint concerning the application of this article may be submitted to mediation for telecommunications service.
Mediation for telecommunications service may refuse to deal with a complaint if it turns out that the facts which gave rise to the complaint occurred more than a year before the introduction of the complaint.
Section 4. -Collaboration with the service of mediation for the telecommunications arts. 136 § 1. The persons referred to article 43bis, § 1, 1 ° to 6 ° of the Act of 21 March 1991 on the reform of certain companies public economic means a person validly authorised to represent them in their dealings with the mediation for the telecommunications service.
§ 2. Providers shall inform users of the possibilities of recourse to mediation for telecommunications service. This information is performed in accordance with the mediation service.
§ 3. To ensure effective treatment of disputes submitted to the mediation service, a protocol is concluded between service providers referred to in article 43bis, § 1, 1 ° to 6 °, of the law of 21 March 1991 on the reform of certain economic public companies and said mediation service. This Protocol shall determine the procedures of handling complaints and includes the arbitration agreement referred to in article 43bis, § 3, 4 °, of the same Act title v - procedural provisions and criminal chapter I:. – Exchanges of information article 137 § 1.
Within its competence, the Institute may require, by reasoned request, any person concerned any useful information. The Institute lays down the time limit for provision of the information requested.
The

prior communication of information to the Institute cannot constitute one of the conditions of access to the contract mentioned.
The information requested by the Institute must be proportionate to the performance of the jurisdiction in question. The Institute gives the reasons for its request for information.
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2. Minister sets, after the opinion of the Institute, given after consultation with stakeholders of the relevant market, the modalities for the exchange of information provided for in this Act.
S. 138 § 1. The Institute is obliged to respond positively to any request prompted the European Commission or a national regulatory authority to obtain information, so far as they are necessary and proportionate to the performance of their tasks. The Institute indicates the degree of confidentiality of the transmitted information to their recipients.
The Institute can match the communication of such information to the European Commission of an opposition motivated as they are provided to another authority.
§ 2. The Institute shall inform the operators of the possibility of communication at the European Commission or a national regulatory authority or to an international organization with which the Institute has relations within the framework of the exercise of its powers of information obtained from them.
§ 3. Without prejudice to other legal provisions, the Institute provides information obtained other authorities at least the same degree of confidentiality as the authority that provided to them.
CHAPTER II. -Consultations article 139. the Institute may organize a public consultation in accordance with article 14 of the Act of 17 January 2003 on the status of the sectors of posts and the Belgian telecommunications regulator for the purposes of this Act.
S. 140. insofar that a draft decision of the Institute is likely to have a significant impact on a relevant market, the Institute organizes a prior public consultation for a maximum period of two months, in accordance with the rules of confidentiality of business data.
All information relating to the ongoing public consultations are centralized at the Institute.
The results of the public consultation are made public, in accordance with the rules of confidentiality of business data.
The King said, after opinion of the Institute, the terms and conditions of the public consultation and publicity of its results.
S.
141 for as much as a draft decision of the Institute can have an impact on trade between Member States and that it tends to: 1 ° defining a relevant market pursuant to section 54, or 2 ° conclude that a relevant market is competitive or not, pursuant to section 55, §§ 2 and 3, or 3 ° impose or modify obligations on an operator having SMP in a relevant market , pursuant to article 55, paragraph 3, or 4 ° impose obligations on operators that have not been designated as boasting a power significantly in a relevant market in accordance with article 56, 1 ° and 5 ° or 5 ° require amendment of agreements already concluded access, pursuant to article 57, or 6 ° require the change of the reference offer, in accordance with article 59 , § 4, or 7 ° determine the conditions of access to provide, in accordance with articles 51 and 61, § 3, paragraph 2, the Institute shall consult without delay the European Commission and the national regulatory authorities of the Member States.
The Institute takes into consideration the observations addressed to it by the European Commission and the regulatory authorities of the Member States within the time limit set by the King.
Final decisions, whose projects are referred to in paragraph 1, shall be notified to the European Commission and the national regulatory authorities of the Member States.
The King, after opinion of the Institute, said the modalities of the consultation referred to in paragraph 1 and the notification of the final decision referred to in paragraph 3.
S. 142. the interim measures within the meaning of article 20 of the Act of 17 January 2003 on the status of the regulator of the sectors of posts and the Belgian telecommunications taken to ensure compliance with this Act are exempted under articles 140 and 141 consultations. They shall however be notified without delay to the Commission and the national regulatory authorities of the Member States.
CHAPTER III. -Decisions of the Institute subject to the agreement of the European Arts Commission 143. when the draft decision referred to in article 141, paragraph 1 tends to: 1 ° defining a relevant market which differs from those identified by the European Commission, or 2 ° or not to designate an operator as having, either individually or jointly with others, significant market power in a relevant market;
the Institute, on decision of the Commission taken within the period referred to in article 141, paragraph 2, extends it to two additional months.
In the period as extended in paragraph 1, the Commission may, by reasoned decision of a detailed and objective in formulating specific proposals for amendments, demand the withdrawal of the draft decision referred to in paragraph 1 of the Institute.
S. 144. the Institute makes public, according to the procedures laid down by the King, after opinion of the Institute, the decisions made by the European Commission under article 143, paragraph 2 and 3.
CHAPTER IV.
-Provisions criminal art. 145 § 1. Is punishable by a fine of 50 § 3 to 50 000 EUR, the person who contravened articles 32, 33, 35, 39, 41, 42, 47, 114, 124 and 127, and orders taken in pursuance of articles 32, 47 and 127.
§ 2. Is punishable by a fine of 200 to 2 000 EUR and a term of imprisonment from eight days to one year or one of those penalties only, the person who violates article 39, § 1, and orders made pursuant to article 16.
§ 3. Is punishable by a fine from 500 to 50 000 EUR and a term of imprisonment of one to four years or one of those penalties only: 1 ° the person who fraudulently makes electronic communications through a network of electronic communications in order to procure or provide others an illicit advantage;
2 ° a person who uses a network or an electronic communications service or other means of electronic communication in order to annoy his correspondent or cause damage.
3 ° the person who installs a device any intended to commit one of the above offences, as well as attempt to commit them.
§ 4. The confiscation of equipment not complying with the conditions laid down in articles 32, 33, 35 and 37 is always pronounced.
S. 146. the confiscation of equipment used to infringe article 47 is always pronounced.
S. 147. the confiscation of records of conversations, communications or data obtained illegally and the objects used to violate articles 35 and 145, § 3, is always pronounced, even if they do not belong to the convicted person.
The confiscation of devices, of aircraft transmitters and receivers or receivers of radio as well as any accessory for its use, especially used to violate articles 39, § 1 and 41, and the orders made pursuant to article 16 is always pronounced, even if they belong not to the condemned.
Article 8, § 1, of the Act of June 29, 1964 the suspension, the suspension and probation, is not applicable to confiscation pronounced on the basis of this article.
S.
148. the judicial police officer writes sends the minutes, which finds the offence criminalized by this Act, the Prosecutor with a copy to the official designated by the King.
King's Attorney has a period of two months from the date of receipt of the minutes to notify the Institute its decision to prosecute or not prosecution.
In the case where the Prosecutor waives criminal prosecution or fails to notify its decision within the time limit, only the provisions of article 21 of the law on the status of the regulator of the sectors positions and Belgian telecommunications may still be imposed.
S. 149. articles 269-274 of the penal Code shall apply with respect to the employees of the Institute acting in the exercise of their functions.
S. 150. the provisions of book I, Duke of the penal Code, including Chapter VII and article 85, shall apply to offences under this Act and the orders made pursuant to it.
TITLE VI. -Various variations, transitional and final provisions chapter I. -Provisions various arts. 151. articles 25 to 27 and 38 shall not apply to special facilities established and operated exclusively for military purposes or public safety or emergency assistance, by the services of the Minister of national defence, the Minister of public health or the Minister of the Interior, by the North Atlantic Treaty Organisation and the Allied Forces.
The list of facilities is determined by the King, by Decree deliberated in the Council of Ministers, on the joint proposal of the Minister and the appropriate Minister.
S.
152 § 1. The King may, by Decree deliberated in the Council of Ministers, by December 31, 2005, repealed, Supplement, modify or replace the provisions of this Act, to take all necessary measures to perform the obligations arising from the directives in force of the Union European.
§ 2. The draft decree referred to the § 1

is subject to the opinion of the Council of State legislation Section. This notice is published at the same time as the report to the King and the royal decree y matter.
§ 3. The royal decree adopted in implementation of § 1 of this article shall be repealed once it has been confirmed by law in the fifteen months following its publication in the Moniteur belge.
S. 153. the King may determine the terms of the powers conferred on the Institute under this Act.
CHAPTER II. -Amending provisions and repealing article 154 § 1. Article 43bis, § 1, of the Act of 21 March 1991 concerning reform of some economic public companies is replaced by the following text: "is hereby established, with the Belgian Institute for postal services and telecommunications, a mediation service for competent telecommunications for relations between the end user, within the meaning of the legislation in force regarding electronic communications , and the following persons: 1 ° any operator within the meaning of this Act;
2 ° any person producing, selling or distributing a directory within the meaning of this Act;
3 ° any person supplying a telephone information service within the meaning of this Act;
4 ° any person operating systems of electronic communications within the meaning of this Act;
5 ° any person providing to the public services of cryptography within the meaning of this Act;
6 ° any person offering other activities in electronic communications within the meaning of this Act. »
§ 2. Article 43bis, § 3, 7 ° of the Act is replaced by the following text: "examine the application of any person claiming victim of a malicious use of a network or an electronic communications service to obtain the identity and address of users of networks or electronic communications services the having harassed, as far as these data are available." The mediation service accesses the request if the following conditions are met: a) the facts appear to be established;
(b) the request relates to specific dates and times.
S. 155. in the Act of 21 March 1991 on the reform of some economic public companies, the following provisions are repealed: 1 ° the articles 68 to 70A, with the exception of article 68, 5 ° and 5 ° bis and 68, 19;
2 ° articles 82 to 96, with the exception of article 86ter;
3 ° sections 105bis to 109ter F;
4 ° articles 113 and 114, with the exception of article 114, § 1, 1 ° and 2 ° and article 114, §§ 3 to 6;
5 ° sections 117 to 119;
6 ° articles 121 to 125;
7 ° sections 128 and 128bis.
S. 156. the Radiocommunication Act of 30 July 1979 is repealed.
S. 157. in the Act of 17 January 2003 on the status of the regulator of the sectors of posts and Belgian telecommunications, article 14, § 1, 3 ° is replaced by the following provision: «3 ° the control of compliance with the Act of 13 June 2005 on electronic as well as title I communications, chapter X and title IV of the Act of 21 March 1991 and its implementing decrees;»
Article 14, § 2, 1 ° of the Act the words "in a nondiscriminatory manner" are inserted between the words "can organize" and the words "any form of investigation.
S. 158 in article 24 of the Act of 17 January 2003 on the status of the regulator of the sectors of posts and Belgian telecommunications, the following changes are made: 1 the words "the Act of 30 July 1979" are replaced by "Act of 13 June 2005 on electronic communications";
2 ° article is supplemented by the following subparagraph: "these staff members are also responsible for observed violations of the law of 13 June 2005 on electronic communications, the penal Code and the special laws when they are committed in the way of equipment, networks or electronic communications services or radiocommunications in the meaning of the Act on electronic communications."
S. 159. article 3, § 1, paragraph 2 of the Radiocommunication for emergency and security services act of June 8, 1998 is replaced by the following provision: «A.S.T.R.I.D..
the conditions laid down by the King, may cooperate in missions of general interest entrusted to one or more operators by or under section 106 of the Act of 13 June 2005 on electronic communications. » Art. 160. article 12 of the Act of June 8, 1998 radio communications for emergency and security services is replaced by the following provision: «A.S.T.R.I.D..
is required to provide a service of paging services, institutions, societies and associations referred to in article 3, § 1 of the law of 8 June 1998 relating to radiocommunications of relief and security, services which so request in the manner laid down by the King and there where other operators do not provide this service. » CHAPTER III. -Provisions transitional art. 161. persons who, no later than the day of the entry into force of this Act, are holders of an individual authorisation pursuant to article 3 of the Act of 30 July 1979 on radiocommunications or articles 89 to 92bis of the Act of 21 March 1991 on the reform of some economic public companies, are deemed made the notification referred to in article 9.
S. 162. the obligations imposed on operators with significant market power on the market by or under the Act of 21 March 1991 on the reform of some economic public companies as well as the obligations imposed by or under section 105bis, paragraphs 7 and 9 of the Act, are maintained until the final conclusion of the first process of determination and analysis of the relevant markets by the Institute , in accordance with articles 54 to 56.
S. 163. the obligations of universal service obligations to Belgacom, the law of 21 March 1991 on the reform of some economic public companies, are maintained until 1 January of the year following the appointment by the King of the suppliers for each of the components of the universal service referred to in title IV.
S. 164. article 133 does not apply to editions of directories or directory enquiry services which have already been established or placed on the market in printed or off-line electronic form before the entry into force of this Act.
The personal data on subscribers to public telephone services at a fixed location or mobile voice telephony services included in a directory or a telephone information service prior to the entry into force of this Act, in accordance with the legal requirements so application may continue to appear in the directory or the telephone information service in question unless the subscribers in question, after having received in accordance with article 133 § 1, complete information about the objectives and the potential use of the directory or the telephone information service in question, have indicated that they do not wish.
The use of other applications of the directory or the telephone information service that the search for personal data on the basis of the name and, where applicable, residence, domicile or implantation of the Subscriber based on the personal data that was gathered prior to the entry into force of this Act in accordance with legal to application requirements is authorized unless the subscribers in question, after having received in accordance with article 133 § 1, complete information about the objectives and the potential use of the directory or the telephone information service in question, have indicated that they do not wish.
CHAPTER IV. -Disposition final art. 165. the provisions of this Act come into force ten days after publication thereof in the Moniteur belge. The King may defer the coming into force of certain provisions to allow a period of transition or consultation.
Without prejudice to the provisions of paragraph 1, article 106, § 3 of this Act enter into force at the time where the royal decree referred to in § 3 of this article shall enter into force. At that time, article 86ter, § 2, of the Act of 21 March 1991 on the reform of some economic public companies, will be repealed.
Promulgate this Act, order that it self under the seal of the State and published by le Moniteur.
Given to Brussels, 13 June 2005.
ALBERT by the King: the Minister of economy, energy, trade and science policy, M. VERWILGHEN Minister of employment, Mrs F. VAN DEN BOSSCHE. the Minister of Justice, Ms. L. ONKELINX sealed with the seal of the State: the Minister of Justice, Ms. L. ONKELINX _ Notes Session 2004-2005 room Doc 51 1425: 001: 002 Bill : Folder 003 to 013: amendments 014: opinion of the Conseil d'Etat 015 to 017: amendments 018: report 019: text adopted by the commission 020: amendments see also: Compte rendu intégral: April 21, 2005.
Senate 3-1133/1: project not mentioned by the Senate annex, chapter I. -Definitions Article 1. For the purposes of this annex, shall mean: 1 ° provider: any person designated pursuant to sections 71, 76, 80 and 87 of the Act to provide one or more of the services referred to in section 68 of the Act;
2 ° public telephone service at a fixed location: public telephone service

fixed location referred to in article 70, § 1, 1 °, of the law offered to the public through a public telephone network in the position specified and allows end-users to give and receive telephone calls local, national and international;
3 ° fixed public telephone network of base: fixed public telephone network referred to in article 70, § 1, 2 °, of the law used for the provision of the universal service fixed geographic component;
4th deadline for the provision of connection to the fixed public telephone network of base: the time which runs between the moment where a valid contract between the provider of the fixed geographical component of the universal service and the Subscriber and the time where the connection to the public telephone network fixed base is put into service. Such a period is expressed in days;
5 ° valid trouble call: warning that a service is interrupted or that the quality of this service is reduced. This call comes from an end user or is possibly generated by own network control equipment. This is a fault in the network. Defects attributable to the terminal equipment or facilities located beyond the network termination point and lines are not included in the definition;
6 ° access line: a circuit capable to ensure a single connection in the band of 300-3400 between a public network termination point and the local switch; this connection enables the provision of pay telephone service at a fixed location;
7 ° fault repair period: the time that runs between when a fault is reported properly to the provider of the fixed geographical component of the universal service or is found by itself, and when the service is repaired and working again normally. For public telephones the deadline runs from when a defect is found by the claimant's provision of public telephones or it is reported, until the moment where the public phone works again. The duration of repair is expressed in hours clock;
8 ° call failed at the national level: a call to a number formed properly, for which the busy tone, the call tone, nor a response signal are recognized on the appellant access line, within 30 seconds. This period runs from the moment the coordinates for the establishment of binding are received by the network;
9 ° call failed at the international level: either a call to a valid number formed properly, for which the busy tone, the call tone, nor a response signal are recognized on the international circuit out in 30 seconds, or a call to a properly trained but wrong number and that the provider of the universal service fixed geographic component is not able to verify as being wrong. This period runs from the moment the coordinates for the establishment of binding are received by the network;
10 ° disturbance calls rate: percentage of failed calls compared to the total number of attempts to call the period of observation considered;
11 ° time limit for the establishment of a binding at national level: the time which runs between where necessary the establishment of binding information are received by the network and the time where a tone of occupation or appeal or a response signal is recognized on the appellant access line. This time is expressed in seconds;
12 ° time limit for the establishment of a binding at the international level: the time which runs between the time where the international switch receives the call from the national network and the time where a tone of occupation or appeal or a response signal is returned on the national network. This time is expressed in seconds;
13 ° service with intervention of a switchboard: call service manual international with intervention of a human operator for links where an automatic appeal is impossible;
14 ° response time for services with intervention of an operator: the period that runs between the moment where the last digit of address (address digit) for services with an operator intervention is sent correctly and the time where the operator responds to the calling subscriber to provide the service requested. This response time is expressed in seconds;
15 ° indirect benefit: all benefits, that can be evaluated financially, obtained by an operator by reason of his performance of a services provided in respect of universal service referred to in section 68 of the Act, it would not benefit if it did not this service, specifically the effects of notoriety on the brand of the company, the impact of advertising the omnipresence, the effect of the life cycle clients, ease of access to clients;
16 ° response time for telephone information service: the time that short between the moment where the last digit of address (address digit) for information services is sent correctly and the time where the operator or equivalent automatic voice system responds to the appellant to provide the information requested. This response time is expressed in seconds;
17 ° active penetration of the mobile telephony service accessible to the public: the relationship between the total number of users of mobile telephony service accessible to the public, who in the last three months have used one or more services of this mobile network database, and the number of inhabitants of the Kingdom.
CHAPTER II. -Technical conditions of delivery of the services provided in respect of universal service under section 68 of the Act Section Ire. -General art. 2. the basic quality requirements mentioned in the articles of this chapter are valid for a year calendar.
Section 2. -Of the fixed geographical component of the universal service s. 3 except in cases of force majeure or agree express between the person and a provider of the fixed geographical component of the universal service, it is required to apply its published conditions of supply.
If a provider of the fixed geographical component of the universal service, in response to a particular request, unilaterally considers it unreasonable to maintain such supply conditions as published, it must in this case, obtain the approval of the Institute prior to their amendment.
S. 4. the fixed geographic component of the universal service must meet the quality requirements laid down in the following articles of this section for a period of observation a year calendar, and, for the first time the calendar year from the date of the entry into force of this Act. The quality requirements do not relate to communication using services other than the universal service fixed geographic component.
Without prejudice to article 69, § 2, of the Act, the King may, after receiving the opinion of the Institute, amend the technical conditions of delivery of the fixed geographic component referred to in paragraph 1 if it is established that these services or comparable services are widely available, following a public consultation process referred to in article 140 of the Act.
S. 5. as regards the period of supply for the connection, at least 95% of contracts concluded during the observation period valid connection and for which the Subscriber has not requested to be connected at a time that suits him, must be performed within five working days.
If the supply period exceeds eight working days, on the ninth day after the establishment of a valid contract for which the Subscriber has not asked to be connected at a time that suits him, the claimant of the geographical area concerned provides an alternative solution until the time the connection is actually implemented. This workaround is provided free of charge from the price of the provision of the universal service fixed geographic component to which the Subscriber has subscribed.
The claimant distinguishes the costs of commissioning of the connection charge, it may not require a second time of connection charges when requested by the Subscriber connection is actually made.
In at least 95% of cases of valid contracts of connection, the customer should be able to get a date for the provision of connection no later than the first day following the registration of the application by the claimant.
S. 6. to establish its statistics, the provider uses, for each category, the total number of contracts and valid connections made during the relevant observation period.
The following statistics will be provided:-percentage of valid connection contracts for which another period has not been agreed with the customer that have been made in five days;
-percentage of valid connection contracts for which another period has not been agreed with the customer that have been made in eight days;
-time to achieve 95% of the connections in the case where the Subscriber has not requested to be connected at a time that suits him;
-time to achieve 99% of connections in cases where Subscriber has not requested to be connected at a time that suits him;
-time to realize all of the connections for which the Subscriber has not agreed to a date with the claimant;
-percentage of connections made to the date agreed with the customer.
With regard to the extent, the claimant uses the total number of orders for connections made during the period of observation considered.

In practice, the tenth day (where X = the number of days specified in the quality objective) following the end of the month concerned, the claimant counts requests completed the previous month.
For each application, the timeline for completion is calculated and this data is used to determine how long 95 and 99% of the connections have been made.
The measures take into account the connections. Cases in which the Subscriber requests a time greater than the lens which is fixed are not taken into account.
S. 7 § 1. Trouble per access line rate or the percentage of faults on the total number of access lines may not exceed 7.5 per cent per observation period.
Trouble calls counting is based on valid trouble calls from users. For a call on more than one line of access between a Subscriber and a local switch, each of these access lines is taken into account. The fault rate is measured by dividing the number of valid trouble calls made during the observation period by the average number of lines of access during this same period of observation.
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2. At least 80% of faults in access lines validly reported during the observation period shall be raised within 35 hours clock.
At least 95% of trouble to access lines validly reported during the observation period shall be removed within 40 hours clock.
At least 99% trouble to access lines validly reported during the observation period must be raised within 60 hours clock.
These percentages are calculated on the basis of all valid disturbance calls and all repairs carried out during the relevant observation period. Where the repair depends on an agreement between the provider and the Subscriber are not taken into account. Also excluded are cases which have required access to the facilities of the Subscriber and for which access is not was made possible by the Subscriber at the time.
§ 3. Separate statistics are provided for the disturbances at the level of the access lines and other disturbances.
Access lines:-the maximum number of hours clock to raise 80% of faults to validly reported access lines;
-the maximum number of hours clock to remove 95% of the disturbances to validly reported access lines;
-the maximum number of hours clock to remove 99% of the disturbances to validly reported access lines;
-the maximum number of hours clock to raise 100% of disturbances to validly reported access lines.
Other faults:-the maximum number of hours clock to raise 80% of other disturbances validly reported;

-the maximum number of hours clock to remove 95% of the other disturbances validly reported;
-the maximum number of hours clock to remove 99% of the other disturbances validly reported;
-The maximum number of hours clock to raise 100% of other disturbances validly reported.
S.
8. by way of derogation from article 7 of this annex, providers guarantee time for waiver of a disturbance not more than 24 hours for the persons mentioned in the 1 ° and 2 ° of paragraph 1 of article 115 of the law, including Saturdays, Sundays and public holidays.
These specific requirements are met without extra charge for beneficiaries.
The terms of specific provision applied to the persons mentioned in the 1 ° and 2 ° of 1st paragraph of section 115 of the Act are also the assessment and the opinion of the Institute referred to in article 103 of the Act.
S. 9 § 1. The rate of disturbance for the observation period over a geographical area of calls at the national level, cannot exceed 1.5%.
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2. To determine the rate of disturbance over a geographical area of calls at the national level, the relevant claimant calculated by observation period the percentage of failed calls on the basis of one of the following methods: 1 ° on the basis of data concerning traffic outgoing real in a representative sample of local exchanges defined in agreement with the Institute;
2 ° on the basis of test calls generated in a representative sample of local exchanges to a representative sample of Terminal exchanges defined in agreement with the Institute;
3 ° on the basis of a combination of 1 ° and 2 °.
The monitoring of calls must be done for every nth call where N is defined as the ratio between the total number of calls expected in the relevant time intervals and the number of observations required.
Only calls to and from PSTN/ISDN are taken into account.
In the case of test calls, the choice of Terminal exchanges must be weighted based on the traffic.
The following precision must be achieved:-for test calls, the number of observations must be sufficient to provide absolute accuracy of 0.1%, or at least a rate of relative accuracy of 10% with 95% reliability. One of the two numbers that requires the smallest number of observations can be chosen;
-for the observations made at the level of the local central processor, the number of observations must be sufficient to provide an of absolute accuracy of 0.05% or at least a rate of relative precision of 5% with 95% reliability. The claimant can choose the accuracy rate for which the observations are required.
The measurement of the parameter applies only to the direct services of the provider.
Measures should be planned so as to accurately reflect the changes in traffic during the different hours a day, days a week and the months in a year.
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3. The following statistics are provided:-percentage of failed calls at national level;
-number of comments.
S. 10 § 1. The time limit for the bindings for 95% of domestic calls may not exceed 5 seconds.
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2. To determine the period for the establishment of a binding at national level, providers calculate per observation period the 95th percentile values according to the method of measurement prescribed in this paragraph.
Statistics are defined on the basis of one of the following measurement methods: 1 ° on the basis of data concerning traffic outgoing real in a representative sample of local exchanges defined in agreement with the Institute;
2 ° on the basis of test calls generated in a representative sample of local exchanges to a representative sample of Terminal exchanges defined in agreement with the Institute;
3 ° on the basis of a combination of 1 ° and 2 °.
Measures should be planned so as to accurately reflect the variations of traffic at different hours a day, days of week and months in a year. The number of observations must be at least equal to 10,000 for a period of one year and 2,500 for an observation period of three months, and for each category of destination. This applies as well for monitoring for the use of test calls. The monitoring of calls can be done for every nth call, where N must be defined as the ratio between the total number of calls expected in the relevant time intervals and the total number of observations required. Missed calls are not included in the statistics. Only calls to and from PSTN/ISDN are taken into account.
§ 3.
The following statistics are provided:-the values of the 95th percentile for the period of the bonds at the level of national traffic;
-the average time limit for domestic routes;
-the number of observations.
S. 11 § 1. The rate of disturbance for the observation period calls internationally due to international direct flights of the claimant may not exceed 5%.
§ 2. To determine the rate of disturbance calls at the international level, the relevant claimant calculated by observation period the percentage of failed calls on the basis of one of the following measurement methods: 1 ° on the basis of data concerning traffic outgoing real in a representative sample of local exchanges defined in agreement with the Institute;
2 ° on the basis of test calls generated in a representative sample of local exchanges to a representative sample of Terminal exchanges defined in agreement with the Institute;
3 ° on the basis of a combination of 1 ° and 2 °.
The monitoring of calls must be done for every nth call where N is defined as the ratio between the total number of calls expected in the relevant time intervals and the number of observations required.
In the case of test calls, the choice of Terminal exchanges must be weighted based on the traffic.
The following precision must be achieved:-for test calls, the number of observations must be sufficient to provide absolute accuracy of 0.1%, or at least a rate of relative accuracy of 10% with 95% reliability. One of the two numbers that requires the smallest number of observations can be chosen;
-for the observations made at the level of the local central processor, the number of observations must be sufficient to provide an of absolute accuracy of 0.05% or at least a rate of relative precision of 5% with 95% reliability. The claimant can choose the accuracy rate for which the observations are required.
The measurement of the parameter applies only to the direct services of the provider.
Measures should be planned so as to accurately reflect the changes in traffic during the different hours a day, days a week and the months in a year.

§ 3. The following statistics are provided: 1. the percentage of disturbance of international calls;
2. the percentage of disturbance of international calls due to direct international connections of the claimant;
3. the percentage of disturbance of international calls not attributable to direct international connections of the claimant.
S. 12 § 1. The average international call completion time must be less than 10 seconds.
§ 2. To determine the period for the establishment of a binding at the international level, providers calculate per observation period the 95th percentile values according to the method of measurement prescribed in this paragraph.
Statistics are defined on the basis of one of the following measurement methods: 1 ° on the basis of data concerning traffic outgoing real in a representative sample of local exchanges defined in agreement with the Institute;
2 ° on the basis of test calls generated in a representative sample of local exchanges to a representative sample of Terminal exchanges defined in agreement with the Institute;
3 ° on the basis of a combination of 1 ° and 2 °.
Measures should be planned so as to accurately reflect the variations of traffic at different hours a day, days of week and months in a year. The number of observations must be at least equal to 10000 for a period of one year and 2,500 for an observation period of three months, and for each category of destination.
This applies as well for monitoring for the use of test calls. The monitoring of calls can be done for every nth call, where N must be defined as the ratio between the total number of calls expected in the relevant time intervals and the total number of observations required.
Missed calls are not included in the statistics.
§ 3. The following statistics are provided:-the values of the 95th percentile for the period of the bonds at the level of international traffic;
-average time of establishment of international connections;
-the number of observations.
S. 13 § 1. The response time for services with intervention of an operator may not exceed 20 seconds on average.
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2. The measurement will be made on the basis of all calls to the services through the switchboard registered during the period of observation considered.
§ 3. The following statistics will be provided:-the average turnaround for operator services;
-the sum of the period of communication, of the duration of the ring tone and greeting;
-the delay between the end of the welcome message and the moment where the operator meets the calling person.
S. 14. the General conditions of service providers shall specify the detailed rules for the granting of benefits, possible compensation and/or refund policy. These terms and conditions are subject to the reasoned opinion of the mediation for telecommunications service and the opinion of the Advisory Committee on telecommunications.
S. (15. with regards to communication referred to in article 70, § 1, 2 °, b) of the Act, a departure terminal fax of the Group 3 (G3) must at least be able to synchronize with other apparatus terminal fax Group 3 (G3), and to issue and receive a fax for any national communication.
With regard to communications by transmission of data referred to in article 70, § 1 1 2 2 °, b) of the Act, a terminal apparatus standard ITU V90 modem must be able to synchronize with other apparatus terminal standard ITU V90 modem, and to transmit and receive digital data for any national communication.
S. 16. by functional Internet access referred to in article 70, § 1, 2 °, c) of the Act, it is understood that for a specific contract with an Internet service provider, Internet access works the possibilities of transmission such as those defined for communications by data transmission.
S. 17 § 1. The service referred to in article 70, § 1, 2 °, d) of the Act is granted to the Subscriber late payment, without interruption of the line, after sending a notice of recall, by ordinary mail, remained without effect for a period of 14 days from the date of shipment. It is maintained for a minimum period of ninety days calendars and can only be given to individuals who don't use it only for private domestic purposes.
During this period of ninety days, the universal service provider offers the Subscriber a reasonable discharge plan.
If agreed, the ninety day period is extended for the duration of the discharge plan. If there's no agreement, the provider must inform the Subscriber of the possibility for him to go to mediation for telecommunications service.
The General conditions of the claimant shall specify the General rules applicable to the development of plans for discharge, the manner in which it may suspend the connection in case of refusal of the discharge by the Subscriber plan, non-compliance with this plan or non-compliance of a plan of clearance implemented through specific legislation. These terms and conditions are subject to the reasoned opinion of the mediation for telecommunications service and the opinion of the Advisory Committee on telecommunications.
The claimant is required to respect the confidential nature of the information provided at the request of discharge plan.
In case of use of the collective debt settlement implemented by specific legislation, the service referred to in paragraph 1 is kept free for the duration of the procedure.
Without prejudice to article 69, § 2 of the Act, the Institute may amend the technical conditions of delivery of the fixed geographic component referred to in paragraphs 1 and 2 if it is established that these services or comparable services are widely available, following a public consultation process referred to in article 140 of the Act.
§ 2. The obligation concerning the free maintenance for a minimum period is not application when it comes to a new subscriber who does not suite within the period provided for the recall of the first invoice, or who systematically too late pays its bills, namely when the Subscriber has already benefited from the scheme of minimum service during a period of 12 months.
S. 18. the percentage of the challenges and complex issues regarding billing may not exceed 1% of the total number of sent invoices.
Challenges and complex issues regarding billing, means issues and disputes that cannot be resolved in a single call.
S.
19. in addition to the publication of the information provided for in article 46 of this annex, the claimant also calculates the values realized actually every quarter according to the methods prescribed in articles 4 to 13 of this annex. These values are communicated to the Institute no later than one month after the end of the quarter in question, in the form laid down in article 46 of this annex.
S. 20. for the purposes of article 5 and article 7, § 2, of the annex the claimant must, due to force majeure, indicate to interested users the period within which their demand will probably met.
S. 21 the provider shall make available to subscribers a helpline. The helpdesk is available 24 hours on 24 and 7 days on 7. Helper service saves customers requests the lifting of disturbances of the telephone service and the difficulties of communication. It forwards these requests to the competent services as soon as possible. The helpline referred to article 70, § 1, 2 °, e), of the Act is accessible for free.
Section 3. -Of the social component of the universal service s. 22 § 1. Operators apply, at least, the reductions in rates detailed below: 1. social telephone rate 1.1. The beneficiary of the social rate can have a single telephone connection to a social tariff and there may be only one beneficiary per household 1.2. The benefit of social telephone tariff may be granted upon request, to any person: 1 ° either aged 65 years of age:-single inhabitant;
-living with one or more elderly persons 60 years of age without prejudice to the 1.3.
Can also coexist with the recipient, her children and grandchildren.
Grandchildren must in addition be orphaned of father and mother or have been entrusted to grandparents by judicial decision.
The age limit for the children and grandchildren does not apply to descendants who have 66% at least of deficiencies or reduction of ability physical or mental of the Chief of one or several conditions.
The gross income of the beneficiary, combined with the gross income of persons living with him pursuant to the above-mentioned 1 °, shall not exceed the amounts fixed in accordance with article 1, § 1 of the royal decree of 1 April 1981 laying down the annual amount of income referred to in article 37, §§ 1, 2 and 4, and concerning implementation of article 49, § 5 , paragraph 3, of the law on compulsory insurance, health care and benefits, co-ordinated on 14 July 1994;
2 ° or with a disability of at least 66% and 18 made:-single inhabitant;
-cohabiting either with up to two people, or with relatives or allies of the first or second degree.
The gross income of the beneficiary, combined with the gross income

people living with him in application of 2 ° above, shall not exceed the amounts fixed in accordance with article 1, § 1 of the royal decree of 1 April 1981 laying down the annual amount of income referred to in article 37, §§ 1, 2 and 4, and concerning implementation of article 49, § 5, paragraph 3, of the law on compulsory insurance, health care and benefits co-ordinated on 14 July 1994;
3 ° or is personally the subject of one of the following decisions: a) decision to grant the integration income, under the Act of 26 May 2002 concerning the right to social integration;

(b) any other decision determined by the King, on the proposal of the Institute.
1.3 live in a hotel, a home of rest or another form of community life no right for the benefit of the social telephone tariff unless the recipient has a subscription in its own name and to its exclusive use.
1.4 is considered a disability of at least 66% achieving the person: 1 ° that has been declared by an administrative or judicial decision disabled be physically or mentally unable to work permanently for at least 66%;
2 ° for which, after the period of primary disability under article 87 of the law on compulsory insurance, health care and benefits, co-ordinated on 14 July 1994, a reduction in earning capacity at a rate equal to or less than one third is found, in accordance with section 100 of the Act;
3 ° for which, in the context of the allocation of income, a reduction in earning capacity replacement to one third or less, as provided for in article 2 of the allowances for disabled persons act of 27 February 1987, occurred;
4 ° for which a reduction in the degree of autonomy of at least 9 points occurred in accordance with the guide and socio-medical scale applicable under Act of 27 February 1987 on allowances for disabled people.
1.5. persons already connected to the phone which fulfil the conditions laid down shall be granted the social telephone tariff at the end of the first term of their subscription following the introduction of the application.
1.6. the beneficiary of the social telephone rate: 1 ° immediately gives knowledge to the operator by the fact that it no longer meets one of the conditions to benefit from the tariff in question;
2 ° full disbursements to which he would have escaped immediately benefiting unduly from the social telephone tariff following including an incomplete or false about the conditions laid down.
1.7. the benefit of the social telephone tariff is removed from the first deadline of the subscription following the date at which it is no longer satisfied the conditions laid down.
2 social telephone tariff for some deficient auditory and people having undergone a laryngectomy 2.1.
A social tariff is granted by operators in some deficient auditory and people having undergone a laryngectomy. The installation of the applicant must be equipped with a telephone set for authorized deaf.
If such position is not provided by the operator, a proof of purchase must be presented to him.
2.2. the reduction is granted for a single connection per beneficiary.
2.3. the benefit of the social telephone tariff for some impaired hearing and people who have had a laryngectomy may be granted, at his request, to any person who holds a connection to the telephone network with: 1 ° either minimal hearing loss of 70dB for the better ear according to the classification of the International Office of Audiophonology (BIAP);
2 ° either undergone a laryngectomy.
The parents or grandparents, holders of a telephone connection, can benefit from the rate in question if their child or grandchild, who lives with them, meets one of the disability conditions above.
2.4. the handicap which entitles the aforesaid social telephone tariff must be certified by an administrative or judicial decision.
2.5 granted already related people on the phone who fulfil the conditions laid down benefit from supra social telephone tariff at the end of the first term of their subscription following the introduction of the application.
2.6. the beneficiary of the social telephone rate in question: 1 ° immediately gives knowledge to the operator by the fact that it no longer meets one of the conditions to benefit from the tariff in question;
2 ° immediately complete the disbursements to which he would have escaped benefiting unduly said rates following such an incomplete or false statement about the conditions.
2.7. the benefit of the social telephone tariff for some impaired hearing and people who have had a laryngectomy is removed from the first deadline of the subscription following the date at which it is no longer satisfied the conditions laid down.
3. social telephone tariff for the military war blind.
A social telephone tariff is granted by operators to the military war blind.
§ 2. A database is created in the social Institute relating to the categories of beneficiaries of the telephone tariff.
As far as this is necessary for the purposes of social telephone tariff database has: 1 ° access to the national registry of natural persons, established by the law of 8 August 1983 organising a national register of natural persons;
2 ° the right to use the identification number of the national register.
The operator that is requested by a recipient to grant the social tariff, informs the database of this application. Checks if the beneficiary has not already taken advantage of this right with another operator.
The Institute determines the parts which must prove that it is meets the conditions for granting of the social telephone tariff.
The Institute is authorized to verify, in collaboration with the social tariff service providers, if the beneficiary is still entitled to the social tariff. The Institute cannot exercise this right only once every two years.
Section 4. -From the provision of public telephones art. 23. the service provider shall ensure that each municipality is equipped with at least a public telephone.
In addition, the claimant ensures the maintenance of: 1 ° 10 000 posts telephone public as long as the active public mobile telephone service penetration rate has not reached 80%.
2 ° 8 000 posts telephone public until the active public mobile telephone service penetration rate has reached 85%;
3 ° 6 000 posts telephone public until the active public mobile telephone service penetration rate reaches 90%;
4 ° 4 000 posts telephone public until the active public mobile telephone service penetration rate reaches 95%;
5 ° 2 000 positions telephone public when the active public mobile telephone service penetration rate reached 95%.
The active public mobile telephone service penetration rate is set by the Institute.
S. 24. the King after the opinion of the Institute, fixed the terms of the distribution of the number of public telephones between the communes, taking into account the following criteria: 1 ° the population density;
2 ° area;
3 ° coverage of public mobile telephone service.
S. 25 § 1. At least 96% of disturbances of public telephones must be raised within 48 hours following the finding of disturbances by the claimant. Unless special circumstances permitted by the Institute, the remaining 4% shall be waived within 72 hours following the finding of disturbances by the universal service provider.
These percentages shall be calculated on the basis of all findings and repairs of malfunctions during the relevant observation period.
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2. The proportion of public telephones in working condition, must reach at least 90%.
This percentage is calculated by measuring each day during the observation period the percentage of telephones in working against all installed items. A quarterly average of these percentages is then calculated.
The measurement is made on the basis of all of the public telephones for the claimant.
§ 3. The following statistics will be provided: 1. percentage of disturbances raised within 48 hours after their discovery by the claimant;
2. percentage of malfunctions raised within 72 hours after their discovery by the claimant;
3 average percentage of telephone sets made available to the public by the claimant in working condition.
S. 26. the publicity of information on public telephones is provided annually by the claimant by way of display on or near the public telephones in the Visual field of these.
The information on public telephones shall include:-the description of the service;
-fares, including differentiated rates and free access;
-the technical conditions of use.
These information are, before their publication, communicated for information to the mediation for telecommunications service and the Advisory Committee on telecommunications.
S.
27. the fixed King, after opinion of the Institute and after consultation with the parties concerned, the basic requirements to be met by the new public telephones that come to be installed in order to facilitate the use for disabled users. The decree will determine what it

meant by public telephones that come from being installed.
Section 5. -Universal service of information arts. 28. the universal information service provides orally to any person who requests the telephone number of another Subscriber's public telephone service for which the applicant has the sufficient information enabling it to identify it, or the name and address of connection based on the phone number. The telephone information service provides no information concerning a customer benefiting from a private number, with the exception of the confirmation of the existence of a number private at the requested address.
S. 29. the response time for universal service of information shall not exceed 20 seconds on average.
The measurement is made on the basis of all calls to the telephone information service registered during the period of observation considered.
The following statistics are provided:-the average turnaround for telephone information service;
-the percentage of calls that are answered within 20 seconds;
-the sum of the period of communication, of the duration of the ring tone and greeting;
-the delay between the end of the welcome message and the moment in which the operator or equivalent automatic voice system responds to the appellant.
Section 6. -Of the provision of universal directory arts. 30. unless otherwise approved by the Minister, upon proposal by the Institute, the provider distributes annually each Subscriber to a public telephone service, although these subscribers must make the request to the address specified in the contract, an updated copy of the universal directory, without prejudice to article 31 of the present annex.
If there are several lines of access on the same address of domicile, the Subscriber may apply to the provider of the geographical area concerned, receive as many copies as there are access lines.
A single universal directory is presented to the subscribing person at a time to an operator of pay telephone service at a fixed location and a public mobile operator.
The claimant provides the Institute three copies of the universal directory updated.
The claimant provides, in addition, one or more copies of the universal directory to anyone who asks.
S. 31 § 1. In addition to the listed alphabetically and by municipality donneesabonnes, universal directory shall include information services in particular access as well as the following information:-the numbers of emergency services, in accordance with article 107, § 1, of the Act;
-the list of all locations and common corresponding of the Kingdom with their postal codes and area codes in area thereto;
-numbers of the telephone services of general interest of operators whose subscribers are listed in the directory;
-General information determined by the Minister and the universal service-related information referred to in article 46 of this annex;
-the addresses and telephone numbers of the operators whose subscribers are contained in the directory;
-indicative of countries, major international codes and time difference;
-the reference to the Web site as provided for in article 32, paragraph 2, of this annex;
-information known in connection with the services referred to in article 45 of this annex that are provided in respect of the universal service.
§ 2. And for each operator subscribers listed in the directory, and insofar as this information was provided in time and format agreed:-the description of the service;
-the fares;
-technical conditions of delivery of public telephone service;
-eventually, the quality of such services as measured by the Institute;
-the date on which this information was collected;
-the procedures for access and coordinated, firstly, of the Mediation service telecommunications, and on the other hand, the Ethics Commission;
-information about regulatory missions of the Institute of interest to users;
-the date on which operators whose end users are listed in the directory presented data to the Publisher, and the date on which the various operators have provided the information contained in the directory.
S. 32. a universal directory is printed on paper.
The information contained in the universal directory must also be made available by the provider via a non paying functional website.
This website also offers the possibility to the customer to know easy way that he wishes to obtain a copy of the universal directory on paper.
Unless otherwise approved by the Minister on proposal by the Institute, each volume of the universal directory must at least cover a fixed telephone zone existing at the date of publication of the royal decree of 14 September 1999 concerning the conditions for manufacturing, publishing and distributing telephone directories and repealing the royal decree of 13 June 1999 on the same subject to contain a minimum of septante-cinq thousand data subscribers.
For the purposes of this article, the municipalities of the Brussels-capital region are regarded as constituting a single municipality.
The criteria of edition of the universal directory are arrested by the Minister.
S. 33. the provider shall notify the Institute no later than January 15, its annual programme of closing and its universal Directory distribution dates.
CHAPTER III. -Financial conditions of provision of the services provided in respect of universal service referred to in section 68 of the Act s. 34 § 1. The claimant referred to in section 71 of the Act applies a price which does not exceed the defined affordable price under the terms of article 35 of the annex to the same provision of telephone service at a fixed location.
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2. Without prejudice of § 1, the claimant, as referred to in article 71 of the Act, may apply different rates for same delivery. Differences in rates for a same benefit cannot be based solely on objective, transparent and non-discriminatory criteria.
These differentiated rates are approved by the Institute and published before any application to subscribers.
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3. The claimant referred to in section 71 of the Act provides for free service referred to in article 70, § 1, 2 °, d), of the Act and its maintenance during the minimum period of ninety days calendar provided for in article 17, § 1, al. 1, of this annex.
§ 4. The tariff conditions established by the claimant referred to in section 71 of the Act shall be communicated for information to mediation for telecommunications service and the Advisory Committee on telecommunications.
S. 35. the claimant referred to in section 71 of the Act applies to all residential end-users an affordable rate that corresponds to the rate of the public telephone services at a fixed location in accordance with the following rule: for consultation table, see image where T0 = rates of all of the public telephone services at a fixed location at 31 December of the year 2000;
TN = rates of all of the benefits of the service public telephone in the position determined at 31 December of year n, either the year concerned within the meaning of article 93 of the Act;
I0 = index of consumer prices at 31 December of the year 2000;
In-1 = index of prices to the consumer at 31 December of year n-1, or the year preceding the year concerned within the meaning of article 93 of the Act.
The Minister determines each year after opinion of the Institute the correction factor (= a) taking into account the technological development and productivity in the sector of electronic communications.
Minister sets, after opinion of the Institute, the weighting coefficient to be applied to the following control benefits:-costs of connection and transfer;
-Basic subscription fees;
-national traffic departing from subscribers to fixed positions positions;
-national traffic departing from subscribers to mobile post positions;
-international traffic departing from positions of subscribers;
-traffic departing from public telephones.
The practical arrangements for calculating these rates are laid down in article 36 of this annex.
The weighting factor and the correction factor are published by the Institute on its website.
S. 36. the index of public telephone service at a fixed location is intended to measure the evolution in time of the rates of benefits witnesses representing all the benefits of the public telephone service at a fixed location of the claimant.
Benefits witnesses considered are as follows: 1. connection and transfer costs: maxima fees paid for the connection or the transfer of a subscriber line where appropriate weighted on the basis of the choice of tariff plans any observed over a period of two months on a representative sample of customers not subject to VAT chosen randomly among the subscribers to a central digital at the rate of 2 for 1000. If the connection charge are different from the transfer fees, account shall be taken of an average price weighted as follows:-connection: 71.85%;
-transfer: 28.15%.
2 fee for the basic subscription: subscription fee in effect in possibly the most expensive geographic area

weighted on the basis of the choice of tariff plans possible offered throughout the territory observed over a period of two months on a representative sample of customers not subject to VAT and chosen randomly among the subscribers to a digital central at the rate of 2 for 1000.
3 traffic (national and international) departing from the positions of subscribers: rates in the geographic area the most expensive weighted on the basis of the different types of communication determined by the Institute observed for a period of two months on a representative sample of customers not subject to VAT and chosen randomly among the subscribers connected to a central digital at the rate of 2 for 1000. When determining the tariffs in force, regard plans possible tariff offered throughout the territory observed over a period of two months on a representative sample of subscribers not subject to VAT and chosen randomly among the subscribers to a digital central at the rate of 2 to 1000.
S. 37. providers ensure that emergency services are accessible directly and free of charge: 1 ° medical service emergency;
2 ° firefighters;
3 ° police services;
4 ° poison control center;
5 ° suicide prevention;
6 ° centres helplines;
7 ° services listening-children;
8 ° European Centre for missing and sexually exploited children.
S. 38. the claimants referred to in section 74 of the Act apply, at least, rate following reductions on their standard rates for the beneficiaries, except for persons referred to in article 22 § 1, 1.2, 3 ° of the annex: 1 ° compensation for provision of a connection to a public telephone network at a fixed location: 50% of the normal rate.
2 ° to the case where the consumer is required to pay the subscription fee and call charges to a single provider or the case where it is only required to pay appeal expenses:-a reduction of an amount of 8.40 EUR per month on the fee for the subscription in question provided that a subscription fee is due;
-a reduction of an amount of EUR 6.20 per period of two months on appeal expenses;
3 ° If the consumer is required to pay a subscription fee and call charges to different vendors: a reduction of EUR 23 per period of two months on appeal expenses, to offer by the supplier who charges the costs of appeal.
With regard to the persons referred to in article 22 § 1, 1.2, 3 ° of the annex, the social telephone tariff consists of making available, in the manner established by the Institute of a prepaid card with a value of EUR 6.20 per period of two months. The communications made using this card are billed at the normal rate.
S. 39. the claimant referred to in section 87 of the Act provides no cost to subscribers the distributions of the universal directory referred to in paragraphs 1, 2 and 4 of article 30 of the present annex.
Furthermore, the claimant provides the universal Directory distribution referred to in paragraph 5 of article 30 of this annex at a reasonable price.
CHAPTER IV. -Methodology of calculation of the cost of the services provided in respect of universal service under section 68 of the Act Section Ire.
-General art. 40. the methodology of calculation of the cost of universal service described in the following articles and the terms of contribution to the Fund of universal service and of the Fund laid down in articles 92 to 102 of the Act apply in identical conditions to all of the universal service provider.
Section 2. -Of the fixed geographical component of the universal service s.
41. the net cost of the fixed geographic component of the universal service for a geographical area consists of the difference between all the costs as defined in article 2 and all receipts as defined in paragraph 3, to which is added the indirect profits from the concerned delivery.
The costs to be taken into account in the calculation referred to in paragraph 1 are the costs that could be avoided in the long term by the claimant if he could not provide the service provided for in article 70 of the Act.
The revenue to be taken into account in the calculation referred to in paragraph 1 are the revenue that the operator would not affect long term should not provide the benefit provided for by article 70 of the Act. These revenues include:-revenue arising from installation costs;
-receipts resulting from subscriptions;
-revenue from incoming calls;
-revenue from outgoing calls.
The costs are estimated on the basis of accounting in actual costs ("CCA").
The assessment of the net cost referred to in the first subparagraph includes the remuneration of the capital employed in respect of the delivery of the fixed geographic component of the universal service calculated in accordance with the method determined by the Institute.
Section 3. -Post telephone public art. 42. the net cost of the provision of public telephones consists of the difference between all the costs as defined in article 2 and all receipts as defined in paragraph 3, to which is added the indirect profits from the concerned delivery.
The costs to be taken into account in the calculation referred to in paragraph 1 are the costs that could be avoided in the long term by the claimant should not provide the benefit provided for by article 75 of the Act.
The revenue to be taken into account in the calculation referred to in paragraph 1 are the revenue that the operator would not affect long term should not provide the benefit provided for by article 75 of the Act. These revenues include all revenues from calls made to the departure of these public telephones.
The costs are estimated on the basis of accounting in actual costs ("CCA").
The assessment of the net cost referred to in the first subparagraph includes the remuneration of the capital employed in respect of provision of public pay telephones on a basis determined by the Institute.
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43. the claimant ensures that the following emergency services are accessible directly and free of charge at the start of the public pay telephones: 1 ° medical service emergency;
2 ° firefighters;
3 ° police services;
4 ° poison control center;
5 ° suicide prevention;
6 ° centres helplines;
7 ° services listening-children;
8 ° European Centre for missing and sexually exploited children.
Section 4. -Universal service of information arts.
44. the net cost of the universal service of information consists of the difference between all the costs as defined in article 2 and all receipts as defined in paragraph 3, to which is added the indirect profits from the concerned delivery.
The costs to be taken into account in the calculation referred to in paragraph 1 are the costs that could be avoided in the long term by the claimant should not provide the benefit provided for by article 79 of the Act.
The revenue to be taken into account in the calculation referred to in paragraph 1 are the revenue that the operator would not affect long term should not provide the benefit provided for by article 79 of the Act. These revenues include revenues from calls to this service.
The costs are estimated on the basis of accounting in actual costs ("CCA").
The assessment of the net cost referred to in the first subparagraph includes the remuneration of the capital employed in the title of universal information service calculated in accordance with the method determined by the Institute.
Section 5. -The universal directory arts. 45. the net cost of the provision of universal directory consists of the difference between all the costs as defined in article 2 and all receipts as defined in paragraph 3, to which is added the indirect profits from the concerned delivery.
The costs to be taken into account in the calculation referred to in paragraph 1 are the costs that could be avoided in the long term by the claimant should not provide the benefit provided for by article 86 of the Act.
The revenue to be taken into account in the calculation referred to in paragraph 1 are the revenue that the operator would not affect long term should not provide the benefit provided for by article 86 of the Act. These revenues include advertising revenue.
The costs and revenues are evaluated on the basis of accounting in actual costs ("CCA").
The assessment of the net cost referred to in the first subparagraph includes the remuneration of the capital employed in respect of the provision of universal directory calculated according to the methodology determined by the Institute.
Chapter V. - Information and advertising art. 46 § 1. The provider of the fixed geographical component of the universal service publishes the following information once per year, at a date and according to the rules laid down by the Institute: 1. name and address of the head office;
2. the description of the interfaces of the connection points used, including, where applicable, the reference standards or national or international recommendations for similar and/or digital networks:-interface for simple connection.
-interface for multiple connection;
-the interface for direct selection (DDI);
-other interfaces used.
3. the amendments to the specific characteristics of network that affect the proper functioning of the terminal equipment;
4. the description of the public telephone service at a fixed location offered, including the emergency services, the intelligence service and other free access services, namely:-the terms of provision of connections, including the ordering procedure

and the conditions of connection of the terminal equipment (relating to terminal equipment requirements, including, where appropriate, the conditions relating to the Subscriber's premises wiring and installation of the connection point);
-the terms of delivery normal and specific service lift of disturbances and types of maintenance service offered;
-the arrangements for provision of emergency services;
-the terms of billing, including intermediate invoicing and billing detailed;
-the procedure in case of non-payment of invoice.
5. rates, namely:-tariffs, including tariffs differentiated;
-free access;
-Special rates;
-the conditions of technical services rates.
6. the time limit for provision of initial i.e. connection:-the percentage expressing the share of valid connection contracts during the observation period during which the Subscriber has not asked to be connected at a time that suits him, which have been met within five days;
-the percentage expressing the share of contracts for connection valid during the observation period during which Subscriber has not asked to be connected at a specific time, it has been met within eight days;
-the percentage expressing the share of valid connection contracts during the period of observation, to which it has met agreed between the operator and the applicant;
-the values of the 95th percentile for the time limit for provision of a connection to the public telephone fixed base in the case where the Subscriber did not to be connected at a time that suits him.
7 percentage of fault per line access, namely:-the percentage indicating the average number of faults per access line and observation period.
8. the period of repair of a disturbance, namely:-the percentage of the disturbances raised within 35 hours clock following the hour where they have been reported;
-the percentage of trouble rose in 40 hours clock following the hour where they have been reported;
-the percentage of the disturbances raised within 60 hours clock following the hour where they have been reported.
9. the percentage of failed calls at national level to the observation period;
10. the percentage of failed calls at the international level for the observation period attributable to direct international connections of the claimant;
11. the percentage of failed calls at the international level for the observation period which are not attributable to direct international connections of the claimant;
12. the total percentage of failed calls at the international level for the observation period;
13. the values of the 95th percentile for the time limit for the establishment of a binding at the level of national traffic, and the average time of establishment of domestic routes, as well as the measuring method used and accuracy;
14. the values of the 95th percentile for the time limit for the establishment of a binding in terms of international traffic, the average time for establishment of international links, as well as the measuring method used and accuracy;
15. the period of maximum response for services with intervention of a switchboard operator, i.e., the average response time for services with an operator intervention, with a mention of the accuracy;
16. the challenges and complex issues regarding billing, i.e., the percentage indicating the part of the challenges and complex issues regarding billing over the totality of the sent invoices;
17. the detailed rules for the granting of benefits, possible compensation and/or refund policy.
The information to be published mention explicitly, in addition to the above, what are the requirements of sections 5 to 13 of this annex, which method was used and what is the accuracy of the statistics.
§ 2. The claimant's provision of public telephones shall publish the following information once per year, at a date and according to the rules laid down by the Institute: 1. name and address of the head office;
2. regarding the availability of public telephones:-the description of the service;
-tariffs, including differentiated rates and free access;
-the technical conditions of use;
-modes of payment possible;
-the terms of provision of service for the lifting of the disturbances.
3. the period of repair of a disturbance of public pay phones, i.e., the percentage indicating the part of the disturbance lifted within 48 hours after their discovery by the universal service provider;
4. the part of the public telephones in working order, i.e., the percentage indicating the average share of the public telephones in working order.
The information to be published mention explicitly, in addition to the above, what are the requirements imposed in articles 23 to 26 of the annex, which method was used and what is the accuracy of the statistics.
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3. The provider of the universal service of information publishes the following information once per year, at a date and according to the rules laid down by the Institute: 1. name and address of the head office;
2. concerning the universal service of information:-the description of the service;
-the terms and conditions for the supply of the telephone information service.
3. the tariffs;
4. the following statistics:-the average turnaround for telephone information service;
-the sum of the period of communication, of the duration of the ring tone and greeting;
-the delay between the end of the welcome message and the moment where the operator or equivalent automatic voice system responds to the calling person.
The information to be published mention explicitly, in addition to the above points, what are the requirements of articles 28 and 29 of this annex, which method was used and what is the accuracy of the statistics.
§ 4. The claimant of the provision of universal Directory publishes the following information once per year, at a date and according to the rules laid down by the Institute: 1. name and address of the head office;
2. concerning the availability of the universal directory:-the description of the service;
-the procedures for provision of universal directory.
3. the number of universal directories which were distributed over a period of one year.
S. 47. the provider of the fixed geographical component of the universal service offers free available to publishers to universal directory information, maintained, referred to in article 46, § 1, 1, 4 and 5 of this annex.
The operators are free available to publishers to universal directory information, maintained, referred to in article 31, paragraph 2, of this annex.
The claimant's provision of public telephones offers free available to publishers to universal directory information, maintained, referred to in article 46, § 2, 1 and 2 of this annex.
The provider of the universal service of information offers free available to publishers to universal directory information, maintained, referred to in article 46, § 3, 1, 2 and 3, of this annex.
The claimant of the provision of universal directory for free updates available to universal directory publishers, including themselves, information, maintained, referred to in article 46, § 4, 1 and 2, of the annex.
S. 48 § 1.
In accordance with article 106 § 3, the operator offers to schools, libraries and hospitals, the following rates: 1 ° provision of a line whose capacity equals the capacity of the lines that the majority of the Belgian population uses to access the transmission of data, including Internet, networks is free;
2 ° the subscription fee is reduced by 50% over the normal rate.
Special rate applies only to limited use for connecting to the Internet and its use. Any other type of connection is excluded from the benefit of this tariff.
The benefit of the tariff provided for in this paragraph is granted to schools, libraries and hospitals, at their request.
Demand for the benefit of the tariff under this subsection must be made from an operator. The Institute determines the parts which must prove that the conditions for granting of the tariff provided for in this paragraph are fulfilled. Among these pieces should particularly be proof of the connection from an Internet service provider.
The beneficiary of the tariff provided for in this paragraph is required to: 1 ° to immediately inform the operator that it no longer meets one of the conditions to benefit from the tariff in question;
2 ° complete disbursements to which he would have escaped immediately benefiting unduly from the tariff provided for in this subsection, in the suite including an incomplete or false statement about the conditions laid down.
The benefit of the tariff provided for in this paragraph is removed from the first deadline of the subscription following the date at which it is no longer satisfied the conditions laid down.
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2. It is created at the Institute a database relating to the categories of beneficiaries of the tariff provided for in the preceding paragraph.
The operator that is requested by a recipient to grant the tariff provided for in the preceding paragraph informs the database of this application.
Checks if the beneficiary has not already taken advantage of this right with another operator.
(EC

text supersedes that published in the Moniteur belge of 2 June 2005, p. 25653.)

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