19 DECEMBER 1997. An Act to amend the Act of 21 March 1991 on the reform of certain economic public enterprises in order to adapt the regulatory framework to the obligations relating to free competition and harmonization in the telecommunications market arising from the decisions of the European Union (1)

ALBERT II, King of the Belgians,
To all, present and to come, Hi.
The Chambers adopted and We sanction the following:
CHAPTER 1^er. - General provision
Article 1^er
This Act regulates a matter referred to in Article 78 of the Constitution.
CHAPTER 2. - Reform of the mediation service in Belgacom
Article 2
The title I of Chapter X of the Act of 21 March 1991 on the reform of certain economic public enterprises is replaced by the following title: "Chapter X - Mediation services."
Article 3
Article 43, § 1^erParagraph 1^er, in the same law, the words "excluding Belgacom" are inserted between the words "each autonomous public enterprise" and the words "or, if any,".
Article 4
An article 43bis, as follows, is included in the Act of 21 March 1991 on the reform of certain economic public enterprises:
"Article 43bis. § 1^er. At the Belgian Institute for Postal Services and Telecommunications, a mediation service for telecommunications is established for the relationship between the end user and the following companies:
1° any telecommunications service provider operating under sections 87 and 89, §§ 1^er and 2 of this Act;
2° any telecommunications service provider offered to the public required to make a declaration under sections 88 and 90 of this Act for the services to be designated by the King;
3° any other telecommunications service provider who agrees to voluntarily submit to this mediation;
4° any directory editor.
§ 2. The mediation service is composed of two members; they belong to a different linguistic role.
The mediation service acts as a college. However, mediators may agree to delegations by collegial decision approved by the Minister who has telecommunications in his or her powers.
§ 3. The mediation service has the following missions:
1° to consider all complaints from end-users relating to the activities of enterprises referred to in § 1^er of this article.
Complaints from end-users are only admissible when the complainant has initiated a preliminary approach with the company concerned. The mediation service may refuse to deal with a claim where the complaint has been filed with the relevant company more than a year before;
2° enter to facilitate an amicable compromise of disputes between companies referred to in § 1^er this article and end users;
3° make a recommendation to companies referred to in § 1^er of this article in case an amicable compromise cannot be found; a copy of the recommendation is addressed to the complainant;
4° to decide as an arbitrator in any dispute between the companies referred to in § 1^er this article and end-users on the basis of an arbitration agreement between the mediation service and the companies concerned, provided that the end-user agrees to resort to arbitration after the birth of the dispute.
The mediation service cannot adjudicate disputes over amounts exceeding 100,000 Belgian francs indexed;
5° to best guide end-users who address them in writing or orally;
6° shall, at the request of the Minister who has the telecommunications in his or her powers or the Belgian Institute of Postal and Telecommunications Services or the Advisory Committee on Telecommunications, issue notices in his or her missions;
7° examine the request of any person claiming to be a victim of malicious calls to obtain communication of the identity and address of the number holders who called it. The Mediation Service shall grant the request if the following conditions are met:
(a) the facts appear to be established;
(b) the application refers to specific dates.
§ 4. The mediation service may, in the context of a complaint before it, be aware, on site, of books, correspondence, verbatim records, and generally of all documents and records of any of the companies concerned dealing directly with the subject matter of the complaint. It may require the administrators and staff of one or more companies concerned to obtain all the explanations or information and to conduct any audits that are necessary for its review.
The information obtained is treated by the mediation service as confidential when the disclosure could affect the company on a general basis.
Within the limits of its powers, the mediation service shall not be instructed by any authority.
The examination of a complaint shall end when it is the subject of a judicial remedy, excluding the case referred to in § 3, 4° of this article.
§ 5. The company concerned shall have a period of twenty working days to motivate its decision in case it does not follow the recommendation referred to in § 3, 3, of this article. The reasoned decision is sent to the complainant and to the mediation service. "
Article 5
The following amendments are made to section 44 of the Act:
A) in § 2, the 4th is replaced by the following provision:
"4° having not exercised a mandate or function for a period of three years before his appointment in the breast:
(a) the relevant public enterprise or one of the related companies with respect to mediators with public enterprises;
(b) one of the companies referred to in § 1^er section 43 bis of this Act or any of the related undertakings with respect to members of the telecommunications mediation service";
B) in § 3, the 5th is replaced by the following provision:
"5° a warrant or function within:
(a) the relevant public enterprise or one of the related companies with respect to mediators with public enterprises;
(b) one of the companies referred to in § 1^er section 43bis of this Act or any of the related undertakings with respect to members of the telecommunications mediation service."
Article 6
In section 44bis of the Act, inserted by the Act of 6 August 1993, the following amendments are made:
A) in § 4, paragraph 1^er is completed as follows:
"and members of the telecommunications mediation service. »;
B) in § 4, paragraph 2, inserted by the Act of 20 December 1995, is supplemented as follows:
"and with respect to the mediation service for dependent telecommunications of the Belgian Institute of Postal and Telecommunications Services, created by section 71 of this Act. »;
C) in § 5, paragraph 1^er is replaced by the following provision:
"The autonomous public enterprises and the Belgian Institute of Postal Services and Telecommunications directly give to the members of their mediation service and the mediation service for telecommunications the family allowances, the birth allowance and the adoption allowance provided for by the coordinated laws relating to the family allowances for employees. "
Article 7
Article 44ter, § 1^er of the same Act, inserted by the Act of 6 August 1993, is supplemented as follows:
"The Belgian Institute for Postal Services and Telecommunications supports the burden of pensions granted to members of the Telecommunications Mediation Service for the only years advocated at the Telecommunications Mediation Service. "
Article 8
An article 45bis, as follows, is inserted in the same law:
"Article 45bis. § 1^er. The King determines, by order deliberately in the Council of Ministers, on the advice of the Institute, the human and material resources that the Belgian Institute of Postal and Telecommunications Services must assign to the mediation service for telecommunications.
The operating costs of the telecommunications mediation service are borne by the Belgian Institute of Postal Services and Telecommunications.
§ 2. In order to pay the benefits of the mediation service for telecommunications, the enterprises referred to in section 43bis, § 1^er of this Act shall pay annually to the Belgian Institute of Postal Services and Telecommunications a fee established on the basis of the cost of financing the mediation service for telecommunications, called "mediation fee".
§ 3. Each year, the Institute sets out the amount of the mediation fee payable by each of the companies referred to in section 43bis of the Act.
§ 4. Companies referred to in Article 43bis, § 1^er of this Act shall, no later than 30 June of each year, communicate to the Belgian Institute of Postal Services and Telecommunications the revenues realized the previous year for each activity that is within the scope of the mediation service.
§ 5. The amount of the mediation fee is the amount of the financial means necessary for the operation of the mediation service included in the current year's budget of the Belgian Institute of Postal Services and Telecommunications, after the advice of the Finance Inspectorate and the Telecommunications Advisory Committee, multiplied by a factor equal to the share of the company in the turnover made the previous year by all the companies concerned for the activities returning to the mediation field.
The first 50 million francs of turnover of each company are not taken into account in calculating the mediation fee.
§ 6. Mediation fees are paid by 30 September of the year for which they are due, at the account number indicated by the Belgian Institute for Postal Services and Telecommunications.
The royalties that are not paid at the fixed maturity will result in full and unpaid interest at the legal rate increased by 2%. This interest is calculated on the basis of the number of calendar days delay.
No later than one month before the expiry, the Institute shall communicate to the companies referred to in section 43bis of the Act the amount of the royalty due.
§ 7. The mediators submit each year the proposed budget of the telecommunications mediation service to the opinion of the Telecommunications Advisory Committee. The budget of the telecommunications mediation service is separate from the budget of the Belgian Institute of Postal Services and Telecommunications. "
Article 9
In Article 46 of the Act, the words "and, with regard to the mediation service for telecommunications, the report is communicated to the Belgian Institute of Postal Services and Telecommunications, to the enterprises referred to in § 1^er section 43 bis of this Act, to the Minister responsible for telecommunications and the Legislative Chambers, are inserted between the words "Legislatures" and the word "Il".
Article 10
An article 46bis, as follows, is inserted in the same law:
"Article 46bis. § 1^er. The agents made available to the mediation service established with Belgacom, whose list is stopped by the minister who has the telecommunications in his powers, are transferred except opposition from them to the Belgian Institute of Postal Services and Telecommunications, with effect to 1^er January 1998 and in accordance with the terms fixed by the King.
§ 2. Statutory agents appointed definitively to Belgacom are appointed agents of the Belgian Institute of Postal Services and Telecommunications.
With respect to contractual agents who were indeterminate employment contracts and who are transferred to the Institute, it is concluded, by derogation from Article 73, § 2, of this Act, that an indeterminate employment contract is concluded.
§ 3. For the purposes of calculating the pension of the officers transferred under this section, Belgacom services remain in charge of Belgacom.
§ 4. The jobs occupied by the transferred agents are added to the organic framework of the Belgian Institute of Postal Services and Telecommunications established by Article 1^er of the Royal Decree of 18 March 1993 establishing the organic framework of the said Institute. »
CHAPTER 3. - Belgacom Public Service Missions
Article 11
Section 58 of the Act is replaced by the following provision:
“Article 58. - Belgacom's public service missions consist of the provision of the public telecommunications service referred to in section 82.
By derogation from Article 3, the management contract between the State and Belgacom deals exclusively with the missions of general interest referred to in Article 82, 3°. »
CHAPTER 4. - Accountability
Article 12
Section 64 of the Act is repealed.
CHAPTER 5. - Definitions
Article 13
§ 1^er. The following amendments are made to section 68 of the Act:
A) at 3°, the words "in Chapter V of this Title" are replaced by the words "in accordance with section 58 of this Act";
B) the 5th is replaced by the following provision:
« 5° Telecommunications network: transmission systems and, where applicable, switching equipment and other resources allowing the transport of signals between defined terminal points, by wire, by microwave beams, by optical means or by other electromagnetic means";
(C) a 5°bis is inserted, as follows:
"5°bis Public telecommunications network: a telecommunications network used in whole or in part for the provision of telecommunications services offered to the public";
(D) the 6° is replaced by the following provision:
« 6° Network termination point: the point at which a end user accesses a telecommunications network";
E) the 7° is replaced by the following provision:
« 7° Terminal equipment: equipment intended to be connected to a public telecommunications network, i.e.:
a) to be directly connected to a termination point of a public telecommunications network or
(b) interoperate with a public telecommunications network by being connected directly or indirectly to a termination point of a public telecommunications network, for the transmission or processing or receipt of information, that the connection system consists of wires, radio-electric connections, optical systems or any other electromagnetic system";
F) 8° is replaced by the following provision:
« 8° leased line: service consisting of the provision of a telecommunications system that offers a transparent transmission capacity between network termination points, excluding switching on request; »;
G) in the 9th, the words "available to the public" are inserted between the words "television service" and the words "whose functions";
H) the 10° is replaced by the following provision:
« 10° Voice telephone service: service offered to the public for the commercial operation of the direct transport of voice in real time via a switched public network and allowing any user to use the equipment connected to a network termination point to communicate with another equipment user connected to another termination point; »;
I) at 11°, the word "connect" is replaced by the word "termination";
J) at 12°, the words "terminal device, including the tests to be performed and the test methods" are replaced by the words "product, such as quality levels or properties of use, safety, dimensions, including the requirements for the product with respect to terminology, symbols, testing and test methods, packaging, marking and labelling";
K) 14° is replaced by the following provision:
« 14° Accreditation: confirmation that a specified terminal equipment meets the prescribed technical specifications and is recognized to be connected to a public telecommunications network; "
L) at 15° the word "aircraft" is replaced by the word "equipment";
M) at 18°, the word "machinery" is replaced by the word "equipment".
§ 2. The same article is supplemented as follows:
"19° Telecommunications Service: a service consisting, in whole or in part, of the transmission and transmission of signals by telecommunication networks, with the exception of broadcasting and television;
20° Users: persons using or requesting telecommunications services offered to the public;
21° End users: persons who use or request a telecommunications service for their own needs;
22° Powerful organism: a body with a significant market position and designated as such by the Institute in accordance with section 105undecies of this Act;
23° Operators: persons with an individual authorization issued under Articles 87, 89, §§ 1^er and 2 and 92 bis of this Act or having made a declaration under section 88 of this Act;
24° Interconnection: the linking of telecommunications networks used by the same person or different persons, in order to allow users of the services or networks of a person to communicate with users of the services or networks of the same person or another person or to access the services provided by another person;
25° Point of interconnection: the point at which a telecommunications facility of a person providing telecommunications networks or telecommunications services accesses, for interconnection, telecommunications facilities of another person providing telecommunications networks or telecommunications services;
26° Directory: book, list, file containing mainly or exclusively data concerning end-users of a voice service and end-users of a mobile phone service offered to the public and made available to the public in order to allow for the identification of the call number of end-users exclusively or principally;
27° Cryptography: discipline including the principles, means and methods of data processing in order to hide their semantic content, establish their authenticity, prevent unnoticed change, prevent their repudiation and prevent their unauthorized use;
28° Closed user group: entity united by clear socio-economic or professional ties, pre-existing to the operation of the service and which are wider than the simple need for reciprocal communication. »
§ 3. The 13th of the same article is deleted.
CHAPTER 6. - Liberalization of the telecommunications market
Article 14
In section 69 of the Act, the words ", with the exception of public telecommunications described in chapter V of this title," are deleted.
CHAPTER 7. - Public security measures
Article 15
In section 70 of the Act, the following amendments are made:
A) 1° is replaced by the following provision:
"1° to provide public telecommunications service";
B) the 2° is replaced by the following provision:
"2° to provide a telecommunications service";
C) the 3° is confirmed by the following provision:
"3° to use or hold a telecommunications facility";
D) to the article, whose current text will form § 1^er, a § 2 is added as follows:
“§2. In the event of an exceptional situation resulting either the out-of-service, or a congestion of civilian or military telecommunications means that prevent the normal operation of these, the King may, by order deliberately in the Council of Ministers, take, by emergency measure, any measures that He considers necessary, including the total or partial requisition of the telecommunications capabilities of the operators to affect them for the use of national priority services or calls. If this requisition exceeds a period defined by Himself, the King may define the terms of any damages to be brought for these requisitions. »
Article 16
Article 70bis of the same law, inserted by the law of 21 December 1994, becomes § 2 of Article 109ter E of the Act of 21 March 1991 on the reform of certain economic public enterprises inserted by Article 75 of this Law.
CHAPTER 8. - Competences of the IBPT
Article 17
In section 75 of the Act, supplemented by the Act of 20 December 1995, the following amendments are made:
A) § 2 is replaced by the following provision:
“§2. The Minister may request the Institute any advice in relation to this Act. »;
(b) § 3 is replaced by the following provision:
“§3. The Institute is responsible for a general monitoring and oversight mission of the provisions of Chapter X of Title I, Title III and Title IV of this Act. »;
C) § 4 is replaced by the following provision:
Ҥ4. In addition to the missions described in this Act and the Radiocommunication Act of 30 July 1979, the Institute may be responsible for the following tasks:
1° conduct telecommunications research and studies;
2° to study the application and implementation of the European Union's telecommunications rules. »;
(D) § 7 is replaced by the following provision:
“§ 7. The Institute publishes an annual report on its activities. This report also contains the financial and annual accounts of the universal service fund and a management report of the fund. »;
E) § 8 is replaced by the following provision:
Ҥ 8. In the event of a dispute between persons operating telecommunications networks or providing telecommunications services, at the request of one of the parties to the dispute or if a regulatory provision expressly provides, the Institute shall issue a notice to reconcile the parties. The King, on the advice of the Institute, sets out the organization of this procedure.
For this mission, the Institute can draw on external expertise. »;
(f) a § 9 is inserted as follows:
“§ 9. The Institute shall ensure that the decisions rendered by the "Trial Chamber for Interconnection, Special Access and Shared Uses" referred to in section 79ter of this Act are implemented. »;
G) a § 10, as follows, is inserted:
“§ 10. The Institute is collaborating with the Joint Telecommunications Commission. »
Article 18
Section 78 of the Act, supplemented by the Act of 12 December 1994, is supplemented as follows:
"5° the allocation of the fund for the universal telecommunications service to cover costs related to the monitoring of the universal service and the management of the fund;
6° mediation fees payable by persons referred to in section 43bis of this Act;
7° the various royalties due under this title, except for the sole right of concession referred to in Article 89, § 1^er, c). »
Article 19
Article 79bis, as follows, is inserted in the same law:
"Article 79bis. § 1^er. In carrying out the tasks assigned to it, the Institute may collect all necessary information from companies and business associations. It sets out the time limit for such information to be provided to it.
When the Institute submits a request for information to a business or business association, it sets out the legal basis and purpose of its application.
§ 2. Without prejudice to the specific laws that guarantee the secrecy of declarations, public administrations are required to assist the mandated agents of the Institute in carrying out their mission. »
Rule 20
Article 79ter, as follows, is inserted in the same law:
"Article 79ter. § 1^er. It is created within the Institute a proceeding, "the Chamber for Interconnection, special access and shared uses", referred to as "The Chamber". It is composed of three members, appointed from the Institute's level 1 officials. "The Chamber" is composed by the Institute's senior official for each case.
The operation of "The Chamber" and the procedure are arrested by the King on the advice of the Institute.
"The Chamber" may not receive any instruction to influence its decision in the disputes submitted to it.
§ 2. In case of interconnection litigation, special access or shared use, "The Chamber" shall, at the request of either of the parties, take steps to resolve the dispute within six months of that request. The solution of the dispute represents a fair balance between the legitimate interests of the parties.
§ 3. "The Chamber" makes an administrative decision based on, inter alia:
- the user's interest;
- obligations or constraints imposed by regulation on each party;
- interest in encouraging innovative offers on the market, and providing users with a wide range of telecommunications services;
- the existence of technically and commercially viable solutions to replace the required interconnection;
- interest in ensuring equal access provisions;
- the need to maintain the integrity of public telecommunications networks and the interoperability of telecommunications services;
- the nature of the demand in relation to the resources available to satisfy it;
- relative positions of the parties on the market;
- the public interest, including environmental protection;
- maintaining a non-faussed market structure;
- the need to maintain universal service.
§ 4. In the event of a serious and immediate breach of the rules governing the telecommunications sector, "The Chamber" may, after hearing the parties involved, order interim measures to ensure the continuity of the operation of telecommunications services.
§ 5. "The Chamber" makes public its decisions subject to the secrets protected by the Act. It notifies its decisions to the parties. »
CHAPTER 9. - The Advisory Committee
Article 21
In section 80, § 2, of the same law are made the following amendments:
A) Paragraph 2 is supplemented as follows:
"the general terms and conditions of voice telephone service providers and the universal service strategy";
(b) a paragraph 4, as follows, is added:
"To this end, companies active in the telecommunications sector communicate to the Institute all the necessary information. "
Article 22
Article 81, § 1^er, paragraph 2, of the same law, the word "Belgacom" is replaced by the words "Universal Service Providers, Voice Service Operators, Telecommunications Network Operators,".
Section 10. - Public telecommunications service
Article 23
The title of Chapter V of the Act is replaced by the following title:
"Chapter V. - The Public Telecommunications Service."
Article 24
Section 82 of the Act is replaced by the following provision:
“Article 82. - The public telecommunications service is ensured in accordance with the principles of equality, continuity and adaptability. It includes:
1° the universal telecommunications service as defined in sections 84 to 86 of this Act;
2° mandatory telecommunications services to ensure universal access as defined in section 86bis of this Act;
3° missions of general interest in the field of telecommunications as defined in section 86ter of this Act. "
Rule 25
Section 83 of the Act is replaced by the following provision:
“Article 83. § 1^er. Belgacom is required to provide the public telecommunications service throughout the Kingdom.
§ 2. Another operator or several operators may request to provide universal service. This supply must be made throughout the territory of the Kingdom. The King, by order deliberately in the Council of Ministers, on the proposal of the Institute, may grant authorization to provide universal service. "
Section 1. - Universal service
Rule 26
§ 1^er. Section 84 of the Act is replaced by the following provision:
“Article 84. § 1^er. Universal service services are:
1° the provision of access to the basic fixed public network throughout the territory, to any person who makes the request, for the provision of the basic voice telephone service, the fax communication of groups I, II and III in accordance with the ITU recommendations of the T series and the transmission of data by voice band through the use of modems with a flow of at least 2,400 bits/s. In accordance with the ITU recommendations of the V series, the end user access is made by one or more numbers of the national numbering plan;
2° free delivery of emergency calls;
3° the provision of a customer support service;
4° the provision of an information service to subscribers;
5° the continued provision, in the event of non-payment of the telephone invoice, of the following elements of the universal basic telephone service: the possibility of being called by another subscriber, excluding calls payable on arrival, and the possibility of calling the emergency services referred to in section 8 of Schedule 1;
6° the establishment, maintenance and operation of public pay telephones;
7° the publication of the universal directory in areas where none of the persons referred to in section 113 of this Act publishes such an directory;
8° the provision of basic voice telephone service to tariff conditions that facilitate access to this service to persons designated in items 1, 2, 3 and 4 of Schedule B to this Act.
§ 2. Within the framework of the 7th of the previous paragraph, only one publisher is appointed by Royal Decree deliberated in the Council of Ministers on the proposal of the Institute.
§ 3. Services under universal service are provided at an affordable price under the technical and financial conditions set out in Schedule 1 to this Act.
The King may, on the advice of the Institute, by order deliberately in the Council of Ministers, following the procedure described in Article 122, §§ 2 and 3 of this Law, amend this Annex 1 to respond to technological and social progress or changes in the structures of the market. These amendments cannot decrease the level of obligations set out in Schedule 1 to this Act. "
§ 2. Schedule 1 to this Act is annexed to the Act of 21 March 1991 as Schedule 1 to it.
Rule 27
§ 1^er. Section 85 of the Act is replaced by the following provision:
"Article 85. § 1^er. The method for calculating the cost of universal service is determined in Chapter 2 of Schedule 2 to this Act.
The King may, on the advice of the Institute, by order deliberately in the Council of Ministers, following the procedure described in Article 122, §§ 2 and 3 of this Law, amend Chapter 2 of this Annex 2 to respond to technological and social progress.
Notwithstanding § 3 of this article, at the request of the Institute and within the time limits prescribed by it, Belgacom and, possibly, other operators providing universal service calculate this cost every year. The calculation of this cost is verified and approved by the Institute.
§ 2. In order to meet the obligations of the previous paragraph, Belgacom and, possibly, other operators providing the universal service make available to the Institute or its agents any information it deems necessary.
Failing to provide this information within the time limits prescribed by the Institute, in the event of an incomplete supply or in the event that the cost calculation is not approved by the Institute, Belgacom and, eventually, other operators providing the universal service cannot claim any intervention of the fund.
§ 3. In no case, neither Belgacom nor, possibly, other operators providing the universal service can claim any funding of the universal service for universal service benefits before the date fixed by the King, on the advice of the Institute, by decree deliberated in the Council of Ministers, and as soon as 1^er January 2000. "
§ 2. Schedule 2 to this Act is annexed to the Act of 21 March 1991 as Schedule 2 to it.
Rule 28
The following sections of the Act are repealed:
1° Article 85bis, inserted by the law of 20 December 1995;
2° Article 85ter, inserted by the law of 20 December 1995.
Rule 29
Section 86 of the Act is replaced by the following provision:
“Article 86. § 1^er. In order to finance the cost of universal service, it is created a fund called the "fund for the universal telecommunications service".
§ 2. Are required to contribute to the fund proportionally to the net cost of benefits referred to in Article 84, § 1^er of this Act not earlier than 1^er January 2000:
1° persons operating a public telecommunications network or
2° persons providing voice telephone service;
3° pursuant to the regulations and directives of the European Union, persons providing another telecommunications service to the public or making, selling or distributing annuary as referred to in Article 113 of this Law may, if any, also be required to contribute to this fund on the date and in the manner determined by the King, by notice of the Institute, by decree deliberated in the Council of Ministers, according to the procedure described in § 2
These persons are required to participate in this fund in proportion to their turnover in the sector concerned and in respect of services presumed to a person who has in Belgium his or her seat, permanent establishment, domicile or habitual residence, in accordance with the terms set out in section 7 of Schedule 2 to this Act.
Only persons whose turnover as referred to in section 7 of Schedule 2 to this Act exceeds 500 million francs are subject to a contribution to the fund.
§ 3. Without prejudice to § 1^er, the method of setting the level of participation and the conditions of operation of the fund for the universal telecommunications service to cover the cost of universal service are set out in Chapter 4 of Schedule 2 to this Act.
The King may, on the advice of the Institute, by order deliberately in the Council of Ministers, following the procedure described in Article 122, §§ 2 and 3 of this Law, amend Chapter 4 of this Annex 2. The Institute calculates annually the amount of contributions to the fund for the universal telecommunications service and its interventions.
The fund is managed by the Institute.
The King, on the advice of the Institute, sets by decree deliberately in the Council of Ministers the organization of the fund. This fund has legal personality. "
Section 2. - Universal access
Rule 30
An article 86bis, as follows, is inserted in the same law:
"Article 86bis. § 1^er. In order to ensure universal access to a basic telecommunications network, Belgacom is required to provide throughout the Kingdom, in accordance with the technical, commercial and financial terms defined by the King on the advice of the Institute:
(a) access to a set of leased ONP lines within the meaning of EU directives on the provision of open networks;
(b) a data switching service;
(c) access to the digital network to service integration and a set of services based on that network;
(d) a telex and telegraph service.
§ 2. The King may, on the advice of the Institute, impose on a powerful body the supply of all or part of the services referred to in § 1^er of this article. "
Section 3. - Missions of general interest
Rule 31
§ 1^er. An article 86ter, as follows, is inserted in the same law:
"Article 86ter. § 1^er. Belgacom is required to participate in:
- collaboration in civil defence within the framework of the National Committee for Civil Defence Plans;
- collaboration with the Joint Telecommunications Commission, created by the Royal Decree of 10 December 1957, as amended by the Royal Decree of 24 September 1993;
- the provision of all leased lines necessary for telecommunications networks for the benefit of the institutions referred to in section 91, paragraph 2 of this Act. The quality and capacity of the leased lines concerned and the payment are determined in the management contract between Belgacom and the federal state or in a contract with respect to the other operators.
All other operators may participate alone or together, on equivalent terms, in services of general interest referred to in this paragraph, subject to the conditions fixed by the King and on the advice of the Institute.
§ 2. Belgacom provides the availability at an affordable price with respect to connection, the cost of communications and royalty, a line allowing interactivity, with a view to providing access to data networks, including the Internet, and thus meeting the special needs of public hospitals, schools and libraries.
This provision is made under the conditions described in Schedule 3 to this Act. The King may, on the advice of the Institute, by order deliberately in the Council of Ministers, following the procedure described in Article 122, §§ 2 and 3 of this Law, amend this Annex 3 to respond to technological and social progress.
All other operators may, alone or jointly, participate in the general services referred to in this paragraph under the conditions established by the King and on the advice of the Institute.
§ 3. Belgacom may be charged, by order deliberately in the Council of Ministers, with other missions of general interest.
All other operators may participate, alone or together, in equivalent conditions, in the general interest services referred to in this paragraph, under the conditions established by the King and on the advice of the Institute.
§ 4. Schedule 3 to this Act is annexed to the Act of 21 March 1991 as Schedule 3 to it. "
CHAPTER 11. - Other telecommunications services
Rule 32
The title of Chapter VI of the Act is replaced by the following title:
“Chapter VI. - Other telecommunications services."
Section 1. - Voice telephone service
Rule 33
Section 87 of the Act is replaced by the following provision:
“Article 87. § 1^er. The provision of a voice telephony service is subject to individual prior authorization from the Minister on the proposal of the Institute.
Belgacom is only authorized to provide voice service until December 31, 1997.
§ 2. The King sets out by order deliberately in the Council of Ministers, on the proposal of the Minister, after the advice of the Institute, the terms of reference for the voice telephone service and the procedure for the allocation of each authorization, including the fee for the analysis of the application files.
Each notebook may include:
(a) the conditions for the candidate ' s economic capacity and technical competence;
(b) the conditions for meeting the relevant essential requirements as defined in section 107 of this Act;
(c) the nature, characteristics and coverage area of the service concerned;
(d) the minimum conditions of permanence, quality and availability of the service;
(e) conditions for the protection of subscribers and data;
(f) the minimum technical standards and specifications of the service to be met;
(g) the numbering plan and the rights, obligations and procedures for the selection of carriers;
(h) royalties due to the issuance, management and control of the authorization;
(i) the provision of the information necessary for the establishment of the universal directory;
(j) the obligations that apply to the operator to allow the control of compliance with the authorization;
(k) interconnection rights and obligations;
(l) the conditions necessary to ensure the interoperability of services, equal treatment and information of users, including contractual terms and conditions for the provision of service and compliance with relevant obligations by persons who market such services;
(m) the duration, terms and conditions of termination and renewal of the authorization;
(n) sanctions for non-compliance with the conditions of the authorization, including termination;
(o) measures guaranteeing compliance with chapters IXter and X of this title;
(p) Universal service obligations;
(q) the free delivery of emergency calls and the modalities for collaboration with aid and security services, including the communication of identity and data relating to the address of callers of these services;
(r) collaboration with the mediation service;
(s) contribution to scientific research in the field of telecommunications and market development, including through improved access, without exclusion, to this market to facilitate the provision of telecommunications services;
(t) the conditions necessary to ensure equal treatment of international operators.
Each authorization sets the conditions for the provision of the service concerned. These conditions may not be less restrictive than the requirements contained in the applicable specifications. "
Section 2. - Service of leased lines
Rule 34
Section 88 of the Act is replaced by the following provision:
“Article 88. - The provision of the leased line service shall be reported to the Institute no later than four weeks before the commencement of the commercial operation of that service by registered letter to the position.
The King, on the advice of the Institute, determines the terms and conditions under which this service is operated. These conditions may include:
(a) compliance with the relevant essential requirements as defined in section 107 of this Act;
(b) the conditions related to the provision of the information necessary to the Institute's verification of this title and of the Royal Decrees being implemented;
(c) conditions to prevent anti-competitive behaviour, including measures to ensure that tariffs are non-discriminatory and do not result in competition distortion;
(d) the protection of users with respect to prior approval by the Institute of the Model Contract with Users;
(e) the provision of a detailed and accurate billing;
(f) collaboration with the mediation service;
(g) the publication of terms and conditions of access to services, including tariffs, technical specifications, quality and availability, and appropriate notification in the event of changes to these conditions. "
Section 3. - Mobile services
Rule 35
Section 89 of the Act, as amended by the Act of 12 December 1994 and the Royal Decree of 28 October 1996, is replaced by the following provision:
“Article 89. § 1^er. The King sets out, by order deliberately in the Council of Ministers, on the proposal of the Minister, after the advice of the Institute, for each category of mobile telephone service offered to the public and radio service offered to the public, the terms of reference, the number of authorizations to be granted and the selection criteria, as well as the procedure for the allocation of each authorization, including the fee for the analysis of applications.
In addition to the points referred to in Article 87, § 2 (a) to (t), each specification of the requirements shall be:
(a) the use of the allocated frequencies;
(b) periodic fees for the use of radio spectrum and frequency control;
(c) in respect of the mobile telephone service offered to the public, the minimum amount of the sole right of concession for the right to establish a network and to offer the service in question;
(d) where applicable, the conditions for compensation of previous users of the frequency band concerned.
The Minister, on a proposal by the Institute, submits to the Council of Ministers a list of offers to establish and operate a network to provide one of the services referred to in this paragraph. The King, by order deliberately in the Council of Ministers, grants permission or authorizations to establish and operate the said network.
Each authorization sets the conditions for the establishment of the network, including the conditions referred to in section 92 bis of this Act, as well as the conditions for the provision of the service concerned. These conditions may not be less binding than the requirements contained in the applicable specifications, taking into account the offer chosen or the offers chosen.
§ 2. With respect to other mobile telecommunications services offered to the public, the provision of such a service is subject to the Minister's prior authorization on the proposal of the Institute. The King shall determine after the Institute's notice the terms of reference for each service category that He determines and the procedure for the award of each authorization, including the fee for the analysis of the records.
Each notebook will cover the points referred to in articles 87, § 2, (a) to (t) and 89, § 1^er(a) (b) and (d).
Each authorization sets the conditions for the establishment of the network, including the conditions referred to in section 92 bis of this Act, as well as the conditions for the provision of the service concerned. These conditions may not be less restrictive than the requirements contained in the applicable specifications.
§ 3. With respect to mobile telecommunications services that are not available to the public, the provision of such a service is subject to the Minister's prior authorization on the proposal of the Institute. The King shall determine after the Institute's notice the terms of reference for each service category that He determines and the procedure for the award of each authorization, including the fee for the analysis of the records.
Each specification will cover the points referred to in articles 87, paragraphs 2, (a) to (c), (f), (h), (j), (m) and (n) and 89, § 1^er(a), (b) and (d).
Each authorization sets the conditions for the establishment of the network as well as for the provision of the service concerned. These conditions may not be less restrictive than the requirements contained in the applicable specifications.
§ 4. If a person requests to provide a mobile telecommunications service, while no terms of reference are provided for such a service, the Minister, within six weeks of the application, shall, on the advice of the Institute, determine the provisional conditions for starting the supply of the service or reject such a request. In case of refusal, the reasons for the refusal shall be communicated to the applicant. If the Minister has authorized the provision of the service on the basis of provisional conditions, the King shall, within three months of that authorization, determine the terms of reference in accordance with §§ 2 or 3 according to the nature of the service concerned. The authorization granted on the basis of the provisional conditions is, if any, amended to meet the specifications. »
Section 4. - Reporting services
Rule 36
Section 90 of the Act, repealed by the Act of 20 December 1995, is reinstated in the following wording:
“Article 90. § 1^er. A person wishing to operate another telecommunications service offered or not to the public must make a statement to the Institute, no later than four weeks before the commencement of the commercial operation of that service, by registered letter to the position.
Not considered to be services offered to the public, services offered to one or more closed groups of users.
§ 2. The King, on the advice of the Institute, determines the categories of service for which operating conditions must be fixed. These conditions, as decided by the Minister, on the advice of the Institute, may relate to paragraphs (a) to (c) of section 88 of this Act.
§ 3. In addition to the provisions of § 2 of this article, with regard to the services offered to the public, the King shall, on the advice of the Institute, determine the categories of service for which operating conditions shall be established. These conditions, as decided by the Minister, on the advice of the Institute, may relate to paragraphs (d) to (g) of section 88 of this Act and, where appropriate, to measures to be taken to combat the spread of illicit content and measures to identify harmful content.
§ 4. Public pay telephone operators must ensure that users of public pay telephones have access to emergency services without the need to have a means of payment.
§ 5. If, in a declaration of service, it appears that for the service envisaged should be established operating conditions referred to in §§ 2 and 3, the Institute shall inform the declarant and shall, within six weeks of receipt of the declaration of provisional conditions. Within three months of the declaration, the final operating conditions are determined in accordance with §§ 2 and 3.
If there are no final conditions, the provisional conditions are repealed. "
Rule 37
An article 90bis, as follows, is inserted in chapter VI of the Act:
"Article 90bis. - The Minister shall determine the terms and conditions of the Institute's proposal and after notice of the Advisory Committee.
The assignment of a telecommunications service whose operation is subject to declaration shall be free, by declaration to the Institute, not later than seven working days after the assignment, by registered letter to the post, in accordance with the terms and conditions established by the Minister on the proposal of the Institute and after notice of the Advisory Committee.
The King shall determine the amount of the record charge to be paid to the Institute by persons who are required to make a declaration as referred to in section 90 of this Act and this section. "
Rule 38
§ 1^er. In section 91 of the Act, the word "only" is inserted between the word "operated" and the words "for purposes". In the same article, the words "or emergency aid" are inserted between the word "public" and the word "par".
§ 2. The same article is supplemented by paragraph 2, which reads as follows:
"The list of facilities is set by the King, by order deliberately in the Council of Ministers, on a joint proposal by the minister and the competent minister. »
Section 5. - Non-public networks
Rule 39
Section 92 of the Act is replaced by the following provision:
“Article 92. § 1^er. The establishment and operation of non-public telecommunications networks is free by declaration to the Institute, no later than four weeks prior to the commencement of commercial operation, and compliance with conditions agreed by the King, on the advice of the Institute. These conditions may include:
(a) the conditions for meeting the relevant essential requirements as defined in section 107 of this Act;
(b) the conditions related to the provision of the information necessary to the Institute's verification of this title and the Royal Decrees being implemented.
The Minister shall determine the terms and conditions of the Institute's notice and after notice of the Advisory Committee.
§ 2. The declaration referred to in § 1^er does not exempt from obtaining the necessary radiocommunication authorizations for cases where the establishment and operation of such a network involves the use of frequencies.
§ 3. The assignment of a telecommunications network whose operation is subject to declaration shall be free, by declaration to the Institute, not later than seven free days after the assignment, by registered letter to the post, in accordance with the terms fixed by the Minister on the proposal of the Institute and after notice of the Advisory Committee.
The King shall determine the amount of the charge to be paid to the Institute by persons who are required to make a declaration under this section. "
Section 6. - Public networks
Rule 40
Section 92bis of the Act, inserted by the Royal Decree of 28 October 1996, is replaced by the following provision:
"Article 92bis. § 1^er. The establishment and operation of public telecommunications networks shall be subject to the granting of an individual authorization issued by the Minister on the proposal of the Institute.
The King sets out by order deliberately in the Council of Ministers, on the proposal of the Minister, after the advice of the Institute, the conditions under which the Minister assigns individual authorizations. These conditions forming a specification may relate to
(a) the conditions for economic capacity and technical competence;
(b) the conditions for meeting the relevant essential requirements as defined in section 107 of this Act;
(c) the nature, characteristics and coverage area of the network concerned;
(d) the minimum requirements for the permanence, quality and availability of the network;
(e) conditions for the protection of subscribers and data;
(f) minimum network technical standards and specifications to be met;
(g) the numbering plan;
(h) royalties due to the issuance, management and control of the authorization;
(i) conditions of use of public domain and properties;
(j) the obligations that apply to the operator to allow the control of compliance with the authorization;
(k) interconnection rights and obligations;
(l) the conditions necessary to ensure interoperability of networks, equal treatment and user information, including contractual terms and conditions for the provision of the network;
(m) sanctions for non-compliance with the conditions of the authorization, including termination;
(n) conditions to prevent anti-competitive behaviour, including measures to ensure that tariffs are non-discriminatory and do not result in competition distortion;
(o) universal service obligations;
(p) the modalities of collaboration with emergency services, including the communication of the identity of the callers of these services;
(q) contribution to scientific research in the field of telecommunications and market development, including through improved access, without exclusion, to this market to facilitate the provision of telecommunications services;
(r) the conditions necessary to ensure equal treatment of international operators.
Individual authorization is valid for an indefinite period.
Each authorization sets the conditions for the provision of the network concerned. The conditions contained in each authorization may not be less restrictive than the requirements contained in the applicable specifications.
The authorization may be transferred, adapted, suspended and withdrawn by the Minister according to the forms and conditions fixed by the King by a deliberate order in the Council of Ministers, on the advice of the Institute.
In the case of a network used jointly for telecommunications services and radio or cable services, it cannot be affected by the network's audio or television programs.
In all cases, the provisions of Title III of this Act are applicable.
§ 2. Authorizations issued to telecommunication network operators under §§ 1^er and 2 of section 89 of this Act, where applicable, contain provisions relating to the conditions as stipulated in paragraph 1^er of this article. "
Section 7. - Satellite connections
Rule 41
Section 92ter, as follows, is inserted in Chapter VII of Title III of the Act:
"Article 92ter. - The King shall determine the conditions under which satellite links may be used in order to form all or part of a telecommunications network referred to in section 92 or 92 bis of this Act or to offer telecommunications services by means of these satellite links. »
CHAPTER 12. - Termination points
Rule 42
Section 92quater, as follows, is included in Chapter VII of Title III of the Act:
"Article 92quater. - On the proposal of the Institute, the Minister defines for each public telecommunications network that he designates, the termination points concerned, as defined in section 68, 6°, as well as the technical specifications therein. These technical specifications are based on the technical specifications of the network under the conditions of individual authorization for the establishment and operation of a public telecommunications network.
These termination points and technical specifications will be sufficiently defined so that third parties can design, manufacture and market terminal equipment that can be connected to the termination points of the public telecommunications network provided they are approved. "
CHAPTER 13. - Terminal equipment
Rule 43
The title of Chapter VIII of the Act is replaced by the following title:
"Chapter VIII - Terminal equipment".
Rule 44
In section 93 of the Act, the words "terminal devices" and the words "public telecommunications infrastructure" are replaced by the words "terminal equipment" and the words "a public telecommunications network".
Rule 45
The following amendments are made to section 94 of the Act:
A) in § 1^erParagraph 1^er, replaced by the Royal Decree of 22 December 1994 and confirmed by the Law of 9 February 1996, is replaced by the following provision:
« § 1^er. The terminal equipment shall be approved by the Minister, on the proposal of the Institute, unless it has been evaluated for conformity and shall be provided with the CE marking provided for in Council Directive 91/263/EEC of 29 April 1991 concerning the approximation of the laws of Member States concerning terminal equipment of telecommunications, including the mutual recognition of their conformity, as amended by Council Directive 93/68/EEC of 22 July 1993, and by »;
B) in § 1^er, paragraph 2, as amended by the Royal Decree of 22 December 1994 and confirmed by the Act of 9 February 1996, the words "public telecommunications infrastructure" are replaced by the words "a public telecommunications network";
C) in § 2, amended by the law of 12 December 1994 and by the law of 20 December 1995, the word "and" is inserted between the words "pre-tests" and the words "the rules" and the words "the issue of certificates of conformity" are deleted;
(D) in § 4, paragraph 2 is repealed;
E) in § 5, the words "conformity certificates" are deleted.
Rule 46
The following amendments are made to section 95 of the Act:
A) the words "terminal device" are replaced by the words "terminal equipment";
B) the words "the approved device initially" are replaced by the words "the approved terminal equipment initially";
C) the words "public telecommunications infrastructure" are replaced by the words "a public telecommunications network";
D) the words "BELGACOM" are replaced by the words "operators";
E) the 5th, inserted by the law of 21 December 1994, is repealed.
Rule 47
§ 1^er. The following amendments are made to section 96 of the Act:
A) the words "terminal device" are replaced by the words "terminal equipment";
B) (...).
C) the words "public telecommunications infrastructure" are replaced by the words "a public telecommunications network";
D) the word "proposal" is replaced by the word "Notice";
E) (...)
§ 2. The same article is supplemented by a 4° written as follows:
"4° to connect to a public telecommunications network in Belgian territory a terminal equipment not approved according to the provisions of Article 94, § 1^er of this Act. »
CHAPTER 14. - Cables, airlines and related equipment
Rule 48
The following amendments are made to section 97 of the Act:
A) in § 1^erthe word "BELGACOM" is replaced by the words "any operator of a public telecommunications network";
B) in § 2, the word "BELGACOM" is replaced by the words "the operator of the public telecommunications network concerned".
Rule 49
The following amendments are made to section 98 of the Act:
A) in § 1^erParagraph 1^erthe word "BELGACOM" is replaced by the words "any operator of a public telecommunications network";
B) in § 1^er, paragraph 2, the word "BELGACOM" is replaced by the words "the operator of the relevant public telecommunications network";
C) in § 2, paragraph 1^erthe word "BELGACOM" is replaced by the words "the operator of the relevant public telecommunications network";
D) in § 2, paragraph 2, the word "BELGACOM" is replaced by the words "any operator of a public telecommunications network";
E) in § 3, the word "BELGACOM" is replaced by the words "the operator of the public telecommunications network concerned".
Rule 50
The following amendments are made to section 99 of the Act:
A) in § 1^erthe word "BELGACOM" is replaced by the words "any operator of a public telecommunications network";
B) in § 2, paragraph 1^erthe word "BELGACOM" is replaced by the words "an operator of a public telecommunications network";
C) in § 2, paragraph 2, the word "BELGACOM" is replaced by the words "the operator of the public telecommunications network concerned";
D) in § 3, the word "BELGACOM" is replaced by the words "any operator of a relevant public telecommunications network".
Rule 51
In section 101 of the Act, the word "BELGACOM" is replaced by the words "the operator of the public telecommunications network concerned".
Rule 52
The following amendments are made to section 102 of the Act:
A) in paragraph 1^er, the words ", telecommunication" are inserted between the words "TV" and the words "or all";
B) in paragraph 1^erthe word "BELGACOM" is replaced by the words "any operator of the relevant public telecommunications network";
C) paragraph 1^er is completed as follows: "This amendment is made exclusively by the administrator of the relevant public utility facility or the operator of the relevant public telecommunications network, each for the purpose. »;
D) paragraph 2 is supplemented as follows: "This amendment is made exclusively by the operator of the relevant public telecommunications network or the administrator of the public utility facility referred to in paragraph 1^er. .
E) in paragraph 4, the word "BELGACOM" is replaced by the words "any operator of the relevant public telecommunications network";
F) in paragraph 5, the word "BELGACOM" is replaced by the words "the operator of the relevant public telecommunications network".
Rule 53
The following amendments are made to section 103 of the Act:
A) in § 1^erParagraph 1^er, the word "BELGACOM" is replaced by the words "the operator of a public telecommunications network", the word "she" by the word "he", the word "kept" by the word "kept" and the word "sheself" by the word "he himself";
B) in § 1^er, paragraph 2, the word "BELGACOM" is replaced by the words "the operator of the relevant public telecommunications network";
C) in § 2, the word "BELGACOM" is replaced by the words "the operator of a public telecommunications network".
Rule 54
The following amendments are made to section 104 of the Act:
A) in paragraph 1^er, the words "infrastructure" are replaced by the words "public network";
B) in paragraph 1^er, the words "this infrastructure" are replaced by the words "this network";
C) in paragraph 2, the word "BELGACOM" is replaced by the words "any operator of a public telecommunications network";
D) in paragraph 2, the words "to public infrastructure" are replaced by the words "to the public network".
Rule 55
Section 105 of the Act is repealed.
Rule 56
Section 105bis of the Act is supplemented by the following paragraphs:
"On or before 31 July 2000, voice-to-gether telephone operators with geographical numbers must be able to transfer these geographic numbers to the geographic area. The transfer of numbers can only be refused if the performance of this obligation is technically impossible and this refusal has been previously approved by the Institute.
The King shall, on the proposal of the Institute, establish the terms and conditions of application, the cost and distribution of costs among the parties concerned.
Until the possibility of transfer of numbers referred to in paragraph 6 becomes effective, the operators of the geographic telephone services must provide for a device intercepting calls for former customers' numbers. In the event of a change of number resulting from a change of operator of the voice telephone service, the device must inform the person who calls the old number of the new addressee number. This service must be provided by all operators at a common price set by the Institute and based on the cost of the operation. The Institute makes the necessary regulations for this purpose. "
CHAPTER 15. - Protection of users
Rule 57
A chapter IXter entitled "Chapter IXter - User Protection" is inserted after chapter IXbis of the same Act.
Rule 58
An article 105ter, as follows, is inserted in the same law:
“Article 105ter. - Any voice telephone service operator qualified as a powerful organization shall modify the rates of the voice telephone service only after a fifteen-day notice period with respect to increments and a working day with respect to decreases, unless the Institute is granted within five working days of the notification. "
Rule 59
An article 105quater, as follows, is inserted in the same law:
“Article 105quater. - The rates of service supplements, in addition to the provision of the connection to the fixed public telephone network provided by a powerful organization, and to the provision of the voice telephone service provided by a powerful organization, are sufficiently unmalgamated, so that the user is not required to pay for additional services that are not necessary for the requested service. »
Rule 60
An article 105quinquies, as follows, is inserted in the same law:
"Article 105quinquies. - The rates for the voice telephone service of powerful organizations provide at least the following, detailed to the user:
1° an initial connection fee to the fixed public telephone network and the voice telephone service;
2° a periodic rental fee based on the type of service and service supplement chosen by the user;
3° of user fees that may take into account, among other things, that the communication takes place at a peak hour or at a crude hour.
When other pricing elements are applied, they must be transparent, non-discriminatory and based on objective criteria. "
Rule 61
An article 105sexies, as follows, is inserted in the same law:
"Article 105sexies. § 1^er. Voice service operators, as well as service operators authorized under Article 89, § 1^er publish adequate and up-to-date information regarding access for users to their public network and services, as well as the use of these networks and services. On the advice of the Institute, the Minister sets out a list containing the information to be published.
§ 2. Without prejudice to section 105ter of this Act, voice service operators who are qualified as powerful organizations publish changes to existing service offerings and new offers five working days prior to these amendments.
§ 3. The persons referred to in paragraphs 1^er and 2 of this Article shall communicate to the Institute the information referred to in paragraphs 1^er and 2 of this article. The Institute refers to this information in the Belgian Monitor.
§ 4. Without prejudice to the universal service regulations, the Minister may, on the proposal of the Institute, set the objectives for delivery times and quality results of the voice telephone service. Definitions, measurement methods and the degree of achievement of these objectives are published annually by the Institute. The Institute refers to this publication in the Belgian Monitor. Definitions, measurement methods and objectives are reviewed at least every three years. "
Rule 62
Section 105s, as follows, is inserted in the same Act:
“Article 105s. - The King shall determine, on the advice of the Institute, the terms and conditions for the publication of information to be made available to users under the provisions of this title. »
Rule 63
An article 105octies, as follows, is inserted in the same law:
"Article 105octies. § 1^er. Voice service operators shall include in their general terms the general rule of the establishment of compensation or reimbursement arrangements in the event of non-compliance with the service quality levels provided for in these general terms and conditions. Any exception to this rule must be previously approved by the Institute within five working days of the notification.
§ 2. In order to ensure compliance with the provisions of this chapter, the Institute has the power to require a change in the terms of contract as well as compensation or reimbursement schemes.
§ 3. In order to ensure compliance with the provisions of this chapter, the general terms and conditions of voice telephony operators shall include, in summary, the terms and conditions under which a dispute resolution procedure may be initiated.
§ 4. Without prejudice to the regulation of universal service, voice service operators publish in their general terms the measures that are taken with respect to unpaid invoices and any interruption of service or disconnection that would result. These measures provide that the service interruption is limited to the service in question, to the extent that it is technically possible, and that the user is duly notified in advance.
§ 5. When a powerful organization, in response to a particular request, considers that it is unreasonable to provide the connection to a fixed public telephone network according to the conditions of tariffs and provision by it published, it is required to request the Institute's agreement to amend the said conditions in this case. The Institute agrees within five working days of the notification. "
Rule 64
An article 105nonies, as follows, is inserted in the same law:
"Article 105nonies. - Voice telephony service operators provide, upon request, a detailed billing showing, subject to the applicable personal data and privacy legislation, the composition of the billed items. At the Institute's proposal, the Minister sets the objectives based on the network's development status and market demand with respect to the provision of detailed billing.
Free calls, including support services, are not indicated on the detailed invoice. Within this framework, different levels of detail can be offered to users at reasonable rates. "
Rule 65
An article 105decies A, as follows, is inserted in the same law:
“Article 105decies A. - § 1^er. It is created a "Ethical Commission for Telecommunications Information Services". The King shall, on the advice of the Institute, decide on the composition and organization of the Commission. It is composed of representatives of family interests, a representative of each Community, a representative of the Minister of Justice, a representative of the Minister and a President designated by the Minister. Members are appointed for a period of five years.
The secretariat is provided by the Institute.
§ 2. On the proposal of this Commission, the King sets a Code of Ethics. People who provide information services through the mobile voice or radio telephone service are required to comply with this Code of Ethics.
The Telecommunications Information Services Ethics Commission ensures compliance with this Code of Ethics.
§ 3. Offences to this Code of Ethics are punishable by an administrative fine of 5,000 to 100,000 francs or a suspension of activities for a period of 1 to 30 days. In determining the sanction, the Board takes into account the gravity of the offence and its intentional or non-intentional character. "
Rule 66
Section 105decies B, as follows, is inserted in Chapter IXter of the same Act:
"Article 105decies B. - The King may, by order deliberately in the Council of Ministers, on the proposal of the Institute and after the advice of the Advisory Committee, change the responsibility of the operators of public telecommunications networks and telephone operators of the head of the non-functioning or faulty functioning of the public telecommunications network or the head of breaches in the provision of the voice telephony service. ".
CHAPTER 16. - Fair competition
Section 1. - Powerful organisms
Rule 67
An article 105undecies, as follows, is inserted in the same law:
"Article 105undecies. - The Institute prepares and publishes annually a list of organizations that provide a public telecommunications network or telecommunications services to the public that are considered to be powerful in a relevant market and a list of powerful organizations with specific interconnection and special access rights and obligations under this chapter.
Is presumed powerful, any operator holding more than 25% of the relevant market.
However, when the Institute determines whether an operator is powerful or not, it may consider all other elements that it considers relevant, namely the operator's turnover in relation to the size of the market, its control of the means of access to the end user, access to financial resources, the operator's experience or ability to influence market conditions. "
Rule 68
Section 106 of the Act is replaced by the following provision:
“Article 106. § 1^er. Powerful organizations are required to adhere to the principle of cost guidance for the following services:
1° Voice telephone service;
2° leased lines;
3° interconnection;
4° special access.
Prerequisitely to each increase in the rates applicable to these services for which these operators are powerful, the powerful organizations communicate to the Institute, in accordance with the terms set by the King, on the advice of the Institute, the elements allowing to assess the compatibility of these increases with the applicable regulatory constraints.
§ 2. Without prejudice to the provisions of section 105ter, powerful agencies, which, in accordance with the Act of 14 July 1991 on trade practices and information and consumer protection, wish to propose reduction formulas within the framework of a joint offer of products or services, must make a declaration to the Institute, by registered letter to the post, no later than five working days before the award of the reduction. Within five working days of the above-mentioned declaration, the Institute may object to the proposed reduction formula. In this regard, the Institute takes into account the need to maintain an unfamiliar market structure.
If, prior to the expiry of the period referred to in the preceding paragraph, the applicant has not received a reasoned decision from the Institute, by registered letter to the position, prohibiting the proposed reduction under a joint product or service offer, the applicant may grant the reduction.
§ 3. Voice service operators notify the Institute of the introduction of special rates for voice telephone services provided in specific fixed-term projects. "
Section 2. - Access to leased lines
Rule 69
Section 107 of the Act is replaced by the following provision:
“Article 107. § 1^er. Any powerful organization on the leased line market ensures equal access to the leased lines it offers to all users in equivalent situations.
§ 2. Without prejudice to the rules laid down in § 1^er, any powerful organization in the leased line market ensures equal access to leased lines to any person who operates a telecommunications service or network, including to himself or any of its subsidiaries or partners.
§ 3. The King shall determine the obligations of any powerful body in the market of leased lines in accordance with §§ 1^er and 2.
These obligations must meet a number of basic principles. These principles consist of obligations:
1° must meet objective criteria;
2° shall be transparent and published;
3° cannot be discriminatory.
Access to leased lines offered by a powerful organization on the leased line market can only be denied on the basis of essential requirements. These essential requirements are:
1° the security of the operation of the network;
2° maintaining network integrity;
3° Interoperability of services and networks in justified cases;
4° protection of data transmitted in justified cases;
5° the application of the regulations relating to the protection of the environment and the development of the territory in justified cases;
6° the rational use of spectrum in justified cases;
7° the prevention of any harmful interference between radio telecommunications systems and other terrestrial or space-based technical systems in justified cases. "
Section 3. - Publication of technical characteristics
Rule 70
Section 108 of the Act is replaced by the following provision:
“Article 108. - The Institute publishes references to specific technical features that make it possible to use the services provided by voice service providers and powerful organizations that provide leased lines.
The King may, on the advice of the Institute, impose technical features to ensure equal access to telecommunications services by powerful organizations.
In the event of a change, voice service providers and powerful organizations that provide leased lines must inform the Institute in advance.
The King shall determine the terms and time required for the application of this Article. "
Section 4. - Accounting rules
Rule 71
Article 109, § 1^erthe same law shall be replaced by the following provision:
“Article 109. § 1^er. No subsidization is allowed, in the head of a powerful organization, of a telecommunications service where this person holds a powerful position to other telecommunications services.
Any powerful organization organizes its accounting in such a way that the operating results for the various telecommunications services where it has a powerful position on the market in question appear separately from those for other telecommunications services. "
Rule 72
In section 109bis of the Act, inserted by the Act of 20 December 1995, the following amendments are made:
A) in paragraph 1^er, the words "not reserved" are replaced by the words "communication";
B) in paragraph 2, the words "not reserved" are deleted;
C) in paragraph 2, the words "in addition" are replaced by the words "in another sector";
D) in paragraph 2, the words "in the same way as if these activities were undertaken by legally independent companies or to establish a structural separation for telecommunications activities so as to identify, with the basis of their calculations and the details of applied imputation methods, all items of expenditure and revenues related to their telecommunications activities, including a breakdown by posts of capital and structural expenditures" are inserted later
E) the following provision is inserted between paragraph 2 and paragraph 3:
"Transfers of means, including transfers of funds and equipment from activities subject to exclusive or reserved rights to telecommunications activities are based on market conditions.
In the absence of market prices, a cost calculation is made, including a return on investment calculated on the market basis.
In the case of use of common production facilities, prices are fixed at the market price level. "
Section 5. - Interconnection regime
Rule 73
In article 109ter of the same law, inserted by the law of 20 December 1995, the current text of which will form § 1^er, the following paragraphs 2 to 7 are added:
Ҥ2. Any provider of a public telecommunications network or telecommunications services offered to the public that controls the means of access to the end-user is required to negotiate with other public telecommunications network or telecommunications service providers offered to the public when applying for interconnection.
Also subject to the rights and obligations of the previous paragraph:
1° operators providing leased lines;
2° operators who are authorized in a Member State of the European Union to provide telecommunications circuits between the European Union and third countries and who have exclusive rights as such;
3° Voice telephony operators.
The Institute may decide to limit, on a case-by-case basis, this obligation on a temporary basis if the interconnection requested may be replaced by technically, financially and commercially viable solutions and if the interconnection requested does not suit the resources available to meet the demand.
This decision is published in the Belgian Monitor and in the annual report referred to in Article 75, § 7 of this Act.
§ 3. Any powerful organization on the market of fixed public telecommunications networks or voice services is required to respond in a non-discriminatory manner to all reasonable interconnection and connection requests, including access to points other than the connecting points offered to the majority of end-users.
Any powerful agency in the interconnection market ensures equal access, without discrimination, to interconnection services, including itself or one of its subsidiaries or partners that operates a telecommunications service.
§ 4. Any powerful organization on the market of public telecommunications networks or voice telephony is required to publish, in accordance with the terms fixed by the King on the proposal of the Institute, a technical and tariff offer of interconnection approved previously by the Institute. This offer must be unbundled so that the reference interconnection applicant is not required to subscribe to services to which he does not wish to subscribe. The Institute appreciates whether the offer is sufficiently unbundled. Interconnection rates must be cost-oriented. The Institute is empowered to verify that this orientation is respected.
The publication of this offer is not an obstacle to interconnection negotiations not provided for in this offer.
The offer referred to in the first paragraph of this paragraph contains different terms and conditions as it applies to suppliers:
1° of public telecommunications networks;
2° other telecommunications networks;
3° of voice telephone services;
4° other telecommunications services.
The Institute specifies the conditions and to what extent these may vary according to the category to which the interconnection applicant belongs.
The Institute may impose the amendments it considers necessary to offer interconnection.
If suppliers of public telecommunications networks or telecommunications services offered to the public have not interconnected their networks or services, while the Institute considers such an interconnection essential to the interests of users, the Institute may require interconnection. In this case, it sets the conditions for interconnection, except the right of the parties to enter into a convention in accordance with § 5 of this article.
§ 5. Interconnection is the subject of a convention between the parties concerned. This determines the technical and financial conditions of the interconnection. The King shall, on the advice of the Institute, determine the conditions that must at least be settled in an interconnection agreement. The interconnection agreement is communicated to the Institute in its entirety.
If this is essential to ensure the equality of competition conditions or interoperability, the Institute may request the amendment of the conventions already concluded.
To this end, the Institute sets out the deadline for the parties to amend their agreements with a view to making the amendment requested by the Institute. The new convention is communicated for approval to the Institute. In the absence of an agreement between the parties or in the event of non-approval of the convention, the Institute imposes the amendments it considers necessary.
§ 6. Subject to Belgium's international commitments, a foreign operator may not have any more rights in respect of interconnection or special access than those recognized in its country of origin to a Belgian operator.
§ 7. In order to allow the Institute to verify the application of this article, fixed public telephone network operators and leased line service providers who are qualified as powerful hold separate accounts for their interconnection activities, also allowing to identify interconnection services provided to third parties and interconnection services provided internally. »
CHAPTER 17. - Data management
Rule 74
An article 109terB, as follows, is inserted in the same law:
“Article 109terB. - Persons referred to in articles 87 and 89, § 1^er, are required to make available to persons making, selling or distributing an annuary who request the subscriber data under fair, reasonable and non-discriminatory technical, financial and commercial conditions. The price of these subscriber data must be cost-oriented.
These conditions must be, prior to publication, approved by the Institute. »
Rule 75
A chapter Xbis entitled "Chapter Xbis - Secret of Communications and Protection of Privacy" is inserted following chapter X of the same Act.
Rule 76
An article 109terC, as follows, is inserted in chapter Xbis of the same law:
“Article 109terC. - During the transmission of the final user data necessary for the preparation of the directories, the operators referred to in section 87 of this Act omit according to technical and financial terms agreed by the King on the advice of the Institute, the final user data of the persons who have asked not to appear in the directories.
When transmitting the final data-users required to make the directories, the operators referred to in Article 89, § 1^er, of this Act omit according to the technical and financial terms agreed by the King on the advice of the Institute, the final user data of persons who have not requested to appear in the directories.
Without cost to end-users, the operators referred to in section 87 of this Act omit end-user data lists the final user data of the persons who have agreed to appear in the directories but have asked not to appear in the lists used for other purposes than the provision of the telecommunications service to which they subscribed and the making of the directories.
Without cost to end users, the operators referred to in Article 89, § 1^er, of this Act omit lists of end-user data the end-user data of the persons who have requested to appear in the directories but have asked not to be included in the lists used for purposes other than the provision of the telecommunications service to which they have subscribed and the making of the directories. "
Rule 77
Section 111 of the Act becomes section 109terD, which is inserted in chapter Xbis of the Act.
Rule 78
An article 109terE, as follows, is inserted in chapter Xbis of the same law:
« Article 109terE - § 1^er. The provisions of section 109terD of this Act and sections 259bis and 314bis of the Penal Code are not applicable:
1 where the law permits or imposes the performance of the acts referred to;
2° where the intended acts are performed for the exclusive purpose of verifying the proper operation of the network and ensuring the proper execution of a telecommunications service;
3° when the actions are laid to allow emergency and emergency services to be taken in response to requests for assistance.
Information, identification and data obtained on the basis of paragraph 1^er, 2°, can only be revealed for these same reasons. »
Rule 79
An article 109terF, as follows, is inserted in chapter Xbis of the same law:
“Article 109terF. - The use of cryptography is free.
The provision to the public of cryptographic services that the King determines is submitted to the Institute in advance. This statement must be made by registered letter no later than four weeks before the start of the activities. »
CHAPTER 18. - Sanctions
Rule 80
In the title of Chapter XI of Title III of the Act, the word "secret" is deleted.
Rule 81
Section 109quater of the Act, inserted by the Act of 20 December 1995, is replaced by the following provision:
“Article 109quater. § 1^er. Without prejudice to the provisions of Article 114, § 2, in the event of a breach of the obligations imposed by this title, the Institute may issue a conditional appeal to offenders.
§ 2. If the person concerned continues to neglect the stipulation referred to in the preceding paragraph, the Institute may, after hearing the person concerned, impose an administrative fine of not less than 10,000 francs and not more than 100,000 francs on natural persons who do not comply with the obligations imposed by this title or an administrative fine of not less than 0.5% and not more than 5% of the turnover in the area concerned to legal persons who do not meet the obligations imposed by this title.
§ 3. If the person concerned still fails to comply with the detention after the violation of the fine, the Institute may, after hearing the person concerned, order the person concerned to suspend the connections to the public telecommunications infrastructure. "
Rule 82
In section 110 of the Act, supplemented by the Act of 20 December 1995, the following amendments are made:
A) to § 1^er, first paragraph, the words "crimes to this Act" are replaced by the words "fringement III and IV of this Act";
B) at § 2, 2° and 3°, the word "confidence" is replaced by the word "take";
(C) In § 2, the last paragraph is replaced by the following provision:
"When these acts have the character of a search, they cannot be laid by the agents referred to in § 1^er pursuant to sections 87 to 90 of the Code of Criminal Investigation. »;
(d) a § 3, as follows:
“§3. The agents referred to in § 1^er of this section and designated by the Minister are competent to search for any useful information and to make any necessary observations for the purposes of this title. In the course of these search or finding of the offences entrusted to them, they are subject to the supervision of the Attorney General.
They collect all information, receive any written or oral testimony or testimony, be communicated to any holder, any documents or information they consider necessary for the performance of their mission and to which they may take a copy, and make the necessary findings on site.
They may carry out searches:
- at the home of business leaders, directors, managers, directors and other staff members, as well as at the home and professional premises of natural or legal persons, internal or external, responsible for commercial, accounting, administrative, tax and financial management between 8 and 18 hours, with the prior authorization of an instruction judge;
- in the premises, means of transport and other places of the enterprises where they have reason to believe that they will find documents or information they consider necessary for the fulfilment of their mission and of which they may take a copy.
In carrying out their mission, they can demand the public force. »;
E) a § 4, as follows:
“§4. Without prejudice to the specific laws that guarantee the secrecy of declarations, public administrations are required to assist the mandated agents of the Institute in carrying out their mission. »
Rule 83
The following sections of the Act are repealed:
1st Article 111;
2nd article 112.
Rule 84
Section 113 of the Act, replaced by the Act of 24 December 1993, is replaced by the following:
“Article 113. - The King stops, on the advice of the Institute, the conditions under which the directories are made, sold or distributed.
Persons wishing to make, sell or distribute a directory are required to make a statement to the Institute.
This statement must be made no later than four weeks before the commencement of activities.
The King shall, on the proposal of the Institute, determine the content and form of this declaration. »
Rule 85
In section 114 of the Act, as amended by the Act of 20 December 1995, the following amendments are made:
A) in § 1^er, 1°, the word "BELGACOM" is replaced by the words "the concerned telecommunications network operator";
B) in § 1^er, 2°, the word "BELGACOM" is replaced by the words "the provider of the relevant public telecommunications network";
C) § 2 is replaced by the following text:
“§2. A fine of 50,000 to 50,000 francs is punished, the person who violates articles 79bis, 86ter, 86quater, 87, 88, 89, 92, 92 bis, 92ter, 94, § 1^er, 95, 96, 97, § 1^er, 98, § 1^er, 99, §§ 2 in 3, 104, 105, 105quater, 105quinquies, 105sexies, 105sexies, 105octies, §§ 1^er, 3, 4 in 5, 105nonies, 106, 107, §§ 1^er in 2, 109, § 1^er, 109bis, 109ter, §§ 2 in 3, 109terB, 109terC, 109terD, 109terF and 113. »;
D) in § 3, paragraph 1^er, the words "of public infrastructure" are replaced by the words "of a public network";
E) in § 3, paragraph 2, the words "of the public telecommunications infrastructure or directives provided by BELGACOM" are replaced by the words "of a public telecommunications network or directives provided by the operator of the public telecommunications network concerned";
(f) in § 7, paragraph 1^erthe words "subject to the application of section 112, violates the provisions of section 111" are replaced by the words "subject to the application of section 109terE, violates the provisions of section 109terC";
G) in § 8, 1°, the words "of public infrastructure" are replaced by the words "of a network";
H) in § 8, 2°, the words "public infrastructure" are replaced by the words "a network or service".
Rule 86
In section 115 of the Act, the words "and in respect of Belgacom agents acting in the performance of their duties in the context of public telecommunications" are deleted.
CHAPTER 19. - Confidentiality of information collected by the Institute
Rule 87
Section 120 of the Act is replaced by the following provision:
“Article 120. § 1^er. The information provided to the Institute is confidential. The Institute can only derogate from this principle under a reasoned individual decision. Information provided to the Institute can only be made public for specific purposes, in a manner that is not incompatible with these purposes. Based on these, the publication must be sufficient and relevant and remain within reasonable limits. In the absence of agreement on the confidential nature of certain information, the Institute hears the person concerned before making public information.
§ 2. Except for information treated as confidential under paragraph 1^erany information provided to the Institute may be communicated to third parties, either by the Institute or, upon request of the Institute, by the operator of which it emanates. »
CHAPTER 20. - Measures to permit the amendment of the law
Rule 88
In section 122 of the Act, as amended by the Acts of 6 August 1993 and 20 December 1995, the following amendments are made:
1° to § 1^erthe words "March 31, 1998" are replaced by the words "December 31, 1999";
2° in § 3, the words "the following year" are replaced by the words "the following fifteen months".
Rule 89
Section 126 of the Act is repealed.
CHAPTER 21. - Postal provisions
Rule 90
§ 1^er. In section 134 of the Act, supplemented by the Act of 12 December 1994, the following amendments are made:
A) in paragraph 1^erthe word "proposal" is replaced by the word "Notice";
B) in the same paragraph, the word "Minister" is replaced by the word "King";
C) the article, whose current text now constitutes § 1^er, is supplemented by § 2, which reads as follows:
Ҥ2. The sale in a new state or in the event of such equipment is prohibited if the licence referred to in this section has not been obtained, or such approval has been withdrawn before the sale or suspended.
The use of these equipment that is fraudulent of the rights recognized in LA POSTE is prohibited. "
Rule 91
Section 136 of the Act is replaced by the following provision:
« § 1^er. The King may confer the status of a judicial police officer to the officers of the Institute, whom he is responsible for the recognition of the offences under this Act and the orders made pursuant to it.
These officers have priority over other judicial police officers, with the exception of the King's attorney and the investigating judge. Their records are lawful until proven otherwise.
§ 2. The agents referred to in § 1^er in the exercise of their judicial police mission:
1° access to buildings, workshops and their outbuildings during opening or working hours, when necessary for the performance of their functions;
2to make all useful findings, to be produced and confiscated documents, documents, books and objects necessary for the investigation and the finding;
3° confiscate all documents, documents, books and objects to the extent necessary for the termination of the offence.
When these acts have the character of a search, they cannot be laid by the agents referred to in § 1^er pursuant to sections 87 to 90 of the Code of Criminal Instruction.
§ 3. The agents referred to in § 1^er of this Article and designated by the Minister shall be competent to search for any useful information and to make any necessary observations for the purposes of this Title. In the course of these search or finding of the offences entrusted to them, they are subject to the supervision of the Attorney General.
They collect all information, receive any written or oral testimony or testimony, be communicated to any holder, any documents or information they consider necessary for the performance of their mission and to which they may take a copy, and make the necessary observations on site.
They may carry out searches:
- at the home of business leaders, directors, managers, directors and other staff members, as well as at the home and professional premises of natural or legal persons, internal or external, responsible for commercial, accounting, administrative, tax and financial management between 8 and 18 hours, with the prior authorization of an instruction judge;
- in the premises, means of transport and other places of the enterprises where they have reason to believe that they will find documents or information they consider necessary for the fulfilment of their mission and of which they may take a copy.
In carrying out their mission, they can demand the public force.
§ 4. Without prejudice to the specific laws that guarantee the secrecy of declarations, public administrations are required to assist the mandated agents of the Institute in carrying out their mission. »
Rule 92
An article 136bis, as follows, is inserted in the same law:
"Article 136bis. - Any impediment to the execution of the mission of the agents referred to in section 136 shall be punished by a fine of two hundred to ten thousand francs and by imprisonment of eight to fourteen days or only one of those penalties. »
Rule 93
In section 152 of the Act, paragraphs 3 and 4 are repealed.
Rule 94
Section 26 of the Post Service Act of 26 December 1956 is replaced by the following provision:
“Article 26. - Offences to section 14 of this Act and to sections 134, § 2, and 141 of the Act of 21 March 1991 on the reform of certain economic public enterprises shall be punished by imprisonment of eight days to fourteen days and a fine of two hundred francs to ten thousand francs or one of these penalties only. » .
Rule 95
Section 32 of the Post Service Act of 26 December 1956 is replaced by the following provision:
“Article 32. - Customs employees are allowed to search for messengers and transport contractors and their equipment and to seize shipments under section 141, A, of the Act of March 21, 1991 on the reform of certain economic public enterprises.
In the event of an offence, a report is immediately filed containing the enumeration of the seized objects and the address of their recipient. This report is forwarded to the destination office, with the seized objects struck by a double fee of exemption.
Officers of the Institute referred to in section 136 of the Act of 21 March 1991 on the reform of certain economic public enterprises, as well as any other officer who is a judicial police officer, have the right to request the opening of presumed consignments containing prohibited values or objects, or objects subject to prohibition, restriction or control measures.
The check, followed by seizure, if applicable, is performed ex officio. »
CHAPTER 22. - Miscellaneous and Confirmative Provisions
Rule 96
It is added to article 1^er, paragraph 2, of the Act of 19 July 1930 establishing the Régie des télégraphs et des téléphones, as amended by the Acts of 7 December 1984 and 21 March 1991, a 4°, as follows:
"4° the provision of broadcasting and television services. »
Rule 97
Section 119 of the Act of 21 March 1991 on reform of certain economic public enterprises is replaced by the following provision:
“Article 119. - The King may, by order deliberately in the Council of Ministers, on the advice of the Institute, in accordance with the procedure described in Article 122, §§ 2 and 3 of this Law, adapt and coordinate the provisions of this Law concerning telecommunications and the provisions of the Law of 30 July 1979 with a view to making it a "Television Code".
To this end, it can only:
1° amend the order, numbering and, in general, the presentation of the provisions to be coordinated;
2° amend the references contained in the provisions to be coordinated, with a view to aligning them with the new numbering;
3° amend the drafting of the provisions to be coordinated in order to ensure their consistency and to unify the terminology without prejudice to the principles set out in these provisions, except to the extent necessary for the implementation of the directives referred to in section 122 of this Act. "
Rule 98
Articles 2 and 12 to 16 of the Royal Decree of 28 October 1996 transposing the obligations in the field of free competition in the markets of telecommunications services arising from the directives in force of the Commission of the European Communities are confirmed with effect on 10 December 1996, the date of the entry into force of the Order.
CHAPTER 23. - Transitional provisions
Rule 99
The telecommunications services and networks operated regularly at the time this Act comes into force shall be authorized in full law for a period of seven months after the date of coming into force of this Act. Prior to the completion of this period, persons operating these services or networks must have made statements or requests for individual authorization to which they are required under this Act in order to allow the Minister, on the proposal of the Institute, to comply with their authorizations to this Act as appropriate.
Rule 100
This Act produces its effects on 1^er January 1998, with the exception of Article 88, 2°, which produced its effects on 30 November 1997.
Promulgate this law, order that it be clothed with the seal of the State and published by the Belgian Monitor.
Given in Brussels on 19 December 1997.
ALBERT
By the King:
Minister of Telecommunications,
E. DI RUPO
State Seal:
Minister of Justice,
S. DE CLERCK
Annex 1
Stopping the technical and financial conditions, providing services offered under the universal service referred to in Article 84, § 2, of the Act of 21 March 1991 on the reform of certain economic enterprises
CHAPTER I. - Definitions
Article 1^er
For the purposes of this annex, the following means:
1° Act: Act of 21 March 1991 on reform of certain economic public enterprises;
2° Institute: the Belgian Institute of Postal Services and Telecommunications, abbreviated IBPT, referred to in section 71 of the Act;
3° Universal Service Provider: Belgacom or any other operator authorized to provide universal service throughout the territory under section 83 of the Act;
4° Basic Voice Phone Service: Voice Phone Service referred to in Article 84, § 1^er1°, meeting the conditions set out in this annex, i.e. the service provided to the end user for the issuance and receipt in a fixed position of national and international voice calls;
5° Basic fixed public telephone network: public telecommunication switched network for the delivery of basic voice telephone service;
6° Public pay telephone: telephone, referred to in Article 84, § 1^er, 6°, of the law, which is made available to the public and for the use of which means of payment are coins, debit cards and/or prepayment cards;
7° Delivery time to the basic fixed public telephone network: the period between the time a valid contract is entered into between the universal service provider and the subscriber and the time the connection to the basic fixed public telephone network is ready to be put into service. This period is expressed in working days;
8° Call for valid inconvenience: the warning that a service is interrupted or that the quality of this service is diminished. This call comes from a final user. This is a network fault and requires repair. Defects attributable to terminal equipment beyond the network connection point are not included in the definition;
9° An access line: a circuit capable of carrying a single voice link connecting the subscriber's device to the local switch;
10° Time to repair an inconvenience: the delay between the time a defect is reported to the universal service provider and the time the service is repaired and operated again normally. For public pay telephones the short period from the time when a default is found by the universal service provider; the duration of repair is expressed in hours;
11° Failing or attempting to connect: a call to, or an attempt to connect with, a properly formed number, for which neither the occupancy tone, nor the call tone, nor a response signal are recognized on the caller's access line, within 30 seconds for national calls or to a member country of the European Union and in the minute for calls to a non-member country; this short period from the time the contact information for the establishment of the link is received by the network;
12° Licensing time: the delay between the time when the contact information required to establish the link is received by the network and when an occupancy or call key or response signal is recognized on the caller's access line. This period is expressed in seconds;
13° Service with intervention of a standardist: the service consisting of an international manual call with intervention of a human operator for connections where an automatic call is impossible;
14° Response time for services with intervention by a standardist: the delay between the time when the last address number (addressing number) for services with intervention by a standardist is sent correctly and the time when the standardist responds to the calling subscriber to provide the requested service. This response time is expressed in seconds.
CHAPTER 2. - Technical conditions
of the universal service
Article 2
§ 1^er. The basic voice telephone service shall meet the basic quality requirements set out in the following §§ of this article during the observation period set out in § 10. Basic quality requirements do not relate to communications using other services than the basic telephone service.
§ 2. With respect to the delivery period for the connection to the public switched network, at least 95% of the valid connection contracts entered into during the observation period and for which the subscriber did not request to be connected at a suitable time, must be executed within five working days.
If the delivery time exceeds eight working days, from the ninth day after the establishment of a valid contract for which the subscriber did not request to be connected at a suitable time, the universal service provider provides an alternative solution until the connection to the basic service is effectively implemented. This alternative solution is provided without a supplement to the price of the basic voice service to which the subscriber has subscribed. The universal service provider may not require a second connection charge when the connection to the public switched network requested by the subscriber is actually carried out.
In at least 95% of cases of valid connecting contracts, the subscriber must be able to obtain a date for the provision of the connection no later than the first day after the registration of the application by the universal service provider.
To establish its statistics, the universal service provider uses, for each category, the total number of valid contracts and connections made during the reporting period.
§ 3. The rate of inconvenience per access line and the percentage of inconvenience on the total number of access lines cannot exceed 7.5% per observation period.
The count of inconvenience calls is based on valid inconvenience calls from subscribers. For a call regarding more than one access line between a subscriber and a local switch, each of these access lines will be taken into account. The inconvenience rate is measured by dividing the number of valid inconvenience calls made during the observation period by the average number of access lines on the public network switched during the same observation period.
§ 4. 90% of the inconvenience reported during the observation period must be lifted before the end of the working day following the one in which they were communicated to the universal service provider.
The remaining 10 per cent must be lifted before the end of the fourth working day following the day they were communicated to the universal service provider.
These percentages are calculated on the basis of all valid inconvenience calls and all repairs made during the observation period. Cases where the repair depends on an agreement between the universal service provider and the subscriber are not taken into account.
§ 5. In order to determine the rate of inconvenience of calls at the national, internal and external levels of the European Union, the universal service provider calculates by observation period the percentage of inaccurate calls for each of the three categories, according to the method prescribed in this paragraph.
For the measurement method, statistics are defined on the basis of one of the following methods:
1° based on actual outgoing traffic data in a representative sample of local exchanges;
2° based on test calls generated in a representative sample of local exchanges to a representative sample of terminal centrals;
3° based on a combination of 1° and 2°.
Measurements must be planned so as to accurately reflect traffic variations during the different hours of a day, the days of a week and the months of a year.
For national calls and to the European Union, the number of observations made during a one-year observation period must be such that an absolute accuracy rate of 0.1% or at least a relative accuracy rate of 10% with 95% reliability is achieved. For calls outside the European Union, the number of observations made during a one-year observation period must be such that an absolute precision rate of 0.1% or at least a relative accuracy rate of 20% with 90% reliability is reached. For national and internal calls to the European Union, the number of observations made during a three-month observation period must be such that an absolute accuracy rate of 0.2% or at least a relative accuracy rate of 20% with 95% reliability is reached.
For calls outside the European Union, the number of observations made during a three-month observation period must be such that an absolute accuracy rate of 0.2% or at least a relative accuracy rate of 40% with 90% reliability is achieved. The universal service provider can choose the accuracy rate for which the least observations are required. Call monitoring can be performed for each No 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. By generating test calls, the choice of terminal centrals must be based on traffic. The percentages are based on the total number of observations made during the observation period.
§ 6. To determine the time limit for establishing a link at the national level, to the European Union and outside the European Union, the universal service provider calculates per observation period the percentile values 95 for each of the three categories according to the measurement method prescribed in this paragraph.
The statistics are defined on the basis of one of the following measurement methods:
1° based on actual outgoing traffic data in a representative sample of local exchanges defined by the Institute;
2° based on test calls generated in a representative sample of local exchanges to a representative sample of terminal centrals defined by the Institute;
3° based on a combination of 1° and 2°.
Measurements must be planned so as to accurately reflect traffic variations at different times of one day, days of one week and month of a year. The number of observations must be at least 10,000 for a one-year observation period and 2,500 for a three-month observation period for each destination category. This applies to both monitoring and testing calls. Call monitoring can be performed for each No 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. These observations shall be made by category. Missed calls are not included in the statistics.
§ 7. The response time for services with the intervention of a standardist may not exceed 20 seconds on average.
The number of observations allowing the measurement must be such that for the annual percentage, an absolute precision rate of 0.1% is reached with a reliability rate of 95%, and such that for the quarterly percentage, an absolute precision rate of 0.2% is reached with a reliability rate of 95%. The percentage is based on all observations made during the observation period.
§ 8. The universal service provider ensures that from 1^er January 2000, each merged municipality that constituted a separate administrative entity as of December 31, 1970 is equipped with at least one public pay telephone station. When only one public pay telephone station is provided in a merged municipality, the payment for its use must be made by means of coins as well as by means of a telecart or a debit card. In addition, the universal service provider must ensure that:
- at least 10 public pay telephones per 10,000 inhabitants in each province;
- at least 14 public pay telephones per 10,000 inhabitants in the Kingdom.
At least 96% of public pay telephone disruptions must be lifted within 48 hours of the Universal Service Provider's finding of inconvenience. The remaining 4% are to be lifted within 72 hours of the Universal Service Provider's finding of inconvenience.
These percentages must be calculated on the basis of all findings and repairs of inconvenience during the observation period.
The proportion of public pay telephones in working order must be at least 90%.
This percentage is calculated each month. Then, for the quarterly percentage the average of the three months concerned is taken and for the annual percentage the average of the twelve months concerned is taken.
§ 9. The percentage of complex billing challenges and issues cannot exceed 1% of the total number of invoices sent.
In complex billing issues and challenges, questions and challenges cannot be resolved in a single telephone conversation.
§ 10. The basic quality requirements mentioned in the preceding paragraphs of this article are valid for a calendar year, for the first time in 1998.
§ 11. The provider of the universal service also calculates the values realised in each quarter according to the methods prescribed in §§ 1^er to 9 of this article. These values shall be communicated to the Institute no later than one month after the expiry of the quarter in question, as set out in Appendix C to this annex.
§ 12. For §§ 2 and 4 of this article, the provider of the universal service must, in case of force majeure, indicate to the interested user the time limit in which his or her application will likely be satisfied.
§ 13. The universal service provider concludes with subscribers a user agreement that specifies the service it provides. The universal service provider submits the terms and conditions of supply, which it establishes, with the exception of tariff conditions, in the opinion of the mediation service and the Telecommunications Advisory Committee. The new terms and conditions of supply come into force only after an adequate period of notice to users set by the Institute in the month following the notification of the amendment.
Unless there is a force majeure or explicit agreement between the person and the supplier of the universal service, the person is required to apply its published terms and conditions of supply.
If the universal service provider in response to a particular request, unilaterally considers that it is not reasonable to maintain its terms and conditions of supply as published, it must in this case obtain the Institute's agreement prior to their modification.
Article 3
The universal service provider gives priority to:
1° emergency and security services (gendarmerie, municipal police, judicial police, firefighters, civil protection, state security, general intelligence service, federal government crisis and coordination centre, provincial security units);
2° hospitals, doctors, pharmacists and veterinarians providing custody services;
3° invalid, sick who require special and disabled care referred to in Appendix B, 1.5.
Repair means repairing the line or supplying a replacement service. In addition, by derogation from Article 2 of this annex, the time of lifting an inconvenience may not exceed 24 hours for persons mentioned in 1° and 2° of this paragraph, including Saturday, Sunday and public holidays.
Specific requirements taken on 1^er paragraph of this paragraph shall be subject to no cost supplement for beneficiaries.
The specific supply modalities applied to persons and institutions referred to in paragraph 1^er this section shall also be the subject of the assessment and advice of the Institute referred to in section 16 of this annex.
Article 4
The advertising of information relating to the basic fixed public telephone network and available at the time of making the directory is provided by the universal service provider, who provides this information to the Institute. This information is a description of the terms and conditions for access to the basic fixed public telephone network and its use. Details on the specific content of the information to be published are reproduced in Appendix C to this annex.
Any changes to this information shall be communicated to the Institute no later than two months prior to their effective implementation.
The Institute publishes references to this information and possible modifications to the Belgian Monitor. The Institute also communicates these references to the Telecommunications Advisory Committee. Information and possible modifications are then distributed by the Belgian Institute for Standardization in accordance with the terms and conditions established by the Institute.
Article 5
The advertising of information on the basic voice telephone service is provided annually by the universal service provider in the directory of subscribers to the telephone service. They are also communicated every three months to the Institute. Reference to this publication is made to the Belgian Monitor. Prior to publication, information is provided to the Telecommunications Mediation Service and the Telecommunications Advisory Committee. Information for the Institute is provided to the Institute no later than one month after the end of the quarter in question.
Information on the basic voice telephone service includes:
- description of the service;
- rates;
- the technical conditions for the delivery of basic voice telephone service.
Details on the content of the information to be published are reproduced in Appendix C to this annex.
Article 6
The advertising of information on public pay telephones is provided annually by the universal service provider in the directory of subscribers to the telephony service and by posting on or next to public pay telephones, in the visual field. Reference to this publication is made to the Belgian Monitor.
Information on public pay telephones includes:
- description of the service;
- rates;
- the conditions of use.
This information is, prior to publication, provided for information to the Telecommunications Mediation Service and the Telecommunications Advisory Committee.
Details on the content of the information to be published are reproduced in Appendix C to this annex.
CHAPTER 3. - Financial conditions
of the universal service
Article 7
§ 1^er. The universal service provider provides subscribers with a support service. The support service is available 24 hours a day and 7 days a week. The assistance service records subscribers' requests for the lifting of inconveniences and difficulties in obtaining a communication. It shall forward these requests to the relevant services as soon as possible. The assistance service referred to in Article 84, § 1^er, 3° is available for free.
§ 2. The information service orally provides to any person who requests it either the telephone number of another subscriber whose connection address is known to the applicant, the name and connection address based on the telephone number. The information service does not provide any information about a subscriber with a secret number.
Article 8
The following emergency services are available free of charge:
1° emergency medical service;
2° firefighters;
3° police services;
4° poison centre;
5° suicide prevention;
6° reception centres;
7° childcare services.
These services are also available directly and free of charge from public pay telephones.
Article 9
The universal service provider must mention on the subscriber invoice the following posts with the sums due to these different posts:
- royalty;
- possible rental of the aircraft;
- zonal communications;
- inter-Zonal communications;
- communications with mobile services;
- international communications, appeal by appeal, unless the subscriber requests in writing that it is otherwise;
- infokiosk services 077;
- infokiosch services of the 0900 series;
- communication with a correspondent receiving a shared tax number.
Free calls, including emergency services, are not indicated on the caller's invoice.
Article 10
§ 1^er. The universal service provider applies a price that across Belgium does not exceed the affordable price defined in the terms of Article 11 for the same provision of basic voice telephone service.
When the universal service provider, in response to a specific request, considers that it is unreasonable to provide the connection to the fixed public telephone network under its published tariff and supply conditions, it is required to request the Institute's agreement to amend the said conditions in this case.
§ 2. Without prejudice to § 1^er, the universal service provider can apply different rates for the same service. The differences in rates for the same benefit can only be based on objective, transparent and non-discriminatory criteria.
These differentiated rates are published before application to subscribers.
§ 3. The differentiated rates for basic telephone service and based on § 2 of this article by the universal service provider are submitted for advice to the Institute.
§ 4. The minimum service referred to in Article 84, § 1^er, 5° of the law is granted to the subscriber late in payment, without interruption of the line, after sending a notice of reminder, by regular mail, remained without effect for a period of ten working days from the date of delivery. It is maintained free of charge for a minimum period of noante working days and can only be granted to natural persons who can only use it for private domestic purposes.
During this period of non-ante days, the universal service provider offers the subscriber a reasonable fit.
The general terms and conditions of the universal service provider specify the terms and conditions under which it may suspend the connection in the event of refusal of the customer's plan of appurtenance, non-compliance with this plan or non-compliance with a specific legislation. These terms and conditions are subject to the reasoned opinion of the telecommunications mediation service and to the advice of the Telecommunications Advisory Committee.
The universal service provider is bound to respect the confidential nature of the information provided on the occasion of the application for a suit sheet.
In case of recourse to the collective settlement of debts implemented by specific legislation, the minimum service shall be maintained free of charge throughout the proceedings.
§ 5. The tariff conditions established by the universal service provider are communicated for information to the telecommunications mediation service and the Telecommunications Advisory Committee.
Article 11
The universal service provider applies to all end residential users an affordable rate that corresponds to the basic voice telephone service rate as of December 31, 1997, indexed to the day this Schedule comes into force in accordance with the following rule:
Tn< [(In-1/Io)-a].To
where
Tn = rates for all basic voice telephone services at the end of the calendar year following December 31, 1997;
To = rates for all basic voice telephone services at the end of calendar year 1997;
a = value correction factor:
- 1998: 0.01;
- in 1999: 0.02;
- in 2000 and the following years: 0.03.
The King may modify, by order of royal deliberation in the Council of Ministers, on the advice of the Institute, the value of the correction factor for years later to the year 2000.
In-1 = consumer price index as at 31 December prior to the beginning of the calendar year following 31 December 1997;
Io = Consumer Price Index as of December 31, 1997.
Witness benefits and their weighting are the following at the coming into force of the Act:
- connection and transfer charges: 2.31 per cent;
- basic subscription fees: 42.85 per cent;
- traffic at the departure of subscribers: 52.05 per cent;
- traffic from public pay telephones: 2.79 per cent.
The concrete methods for calculating these rates are set out in Appendix A.
Article 12
Recipients of the rates provided for in Article 84, § 1^er, 8° of the law, and these rates are detailed in Appendix B, items 1, 2, 3 and 4.
The beneficiaries of the rates provided for in section 86ter, § 2 of the Act, and these rates are detailed in Appendix 3, section 2.
Article 13
The universal service provider provides a reduced tariff for communications on the territory of the European Union at hollow times, including night, weekend and public holidays communications. The hollow hours represent at least 12 hours a day.
With respect to national communications, a weekend starts on Friday at the beginning of the night rate period and ends on Monday at the time the day rate becomes applicable again.
For international communications, to the Member States of the European Union, a weekend begins on Saturday at the beginning of the night rate period and ends on Monday at the time the day rate becomes applicable again.
Article 14
The rates for services departing from public pay telephones meet the requirements set out in sections 10, 11 and 13 of this annex.
Article 15
The universal service provider shall provide free and direct access to the services referred to in section 8 of this annex from public pay telephones.
CHAPTER 4. - Miscellaneous provisions and sanctions
Article 16
The Institute is responsible for monitoring universal service obligations based on the requirements imposed by this annex.
In order to take into account the evolving nature of the content of the universal service in the context of the information society, the Institute reports to the Minister on a yearly basis by December 31 on other services that should be preceded under the universal service and their terms and conditions of service.
Article 17
In the event of a failing performance by the service provider of the universal service of the obligations set out in this annex, which is found on the basis of the controls under section 16, the Minister may, at the end of each calendar year, impose on the service provider, for each type of breach, the payment of an allowance not exceeding 1% of the total turnover in respect of universal service.
Article 18
The Royal Decree of 28 October 1996 on the list of services presumed under the universal telecommunications service is repealed on the day this annex comes into force.
Appendix A. - Calculation of Rate Index
of the basic voice telephony service pursuant to Article 11
The Basic Voice Service Tariff Index is intended to measure the evolution in time of the rates of witness services representing all the services of the basic voice service of the universal service provider.
The witnesses are:
1. Connection and transfer fees: maximum fee paid for connecting or transferring a subscriber line if any weighted according to the choice of possible rate plans observed over a period of two months on a representative sample of subscribers not subject to the randomly selected VAT from subscribers to a digital central at a rate of 2 per 1,000. If the connection fee is different from the transfer charge, a weighted average price shall be taken into account as follows:
- connection: 71.85 per cent;
- transfer: 28.15 per cent.
2. Basic subscription reevance: subscription royalty in effect in the most costly geographic area possibly weighted according to the choice of possible rate plans offered throughout the territory observed over a period of two months on a representative sample of subscribers not subject to the VAT randomly selected among subscribers to a digital central at a rate of 2 per 1,000.
3. Trafic at the departure of subscribers' positions: rates in effect in the most costly geographic area weighted on the basis of the different types of communications determined by the Institute observed for a period of two months on a representative sample of subscribers not subject to the randomly selected VAT among subscribers connected to a digital central at 2 per 1,000. When determining the rates in effect, consideration is given to possible tariff plans available throughout the territory observed over a period of two months on a representative sample of non-tax subscribers randomly selected from subscribers to a digital central at a rate of 2 per 1,000.
4. Where applicable, it is assumed that each subscriber category adopts the most advantageous rate plan, that is, the one that minimizes the amount of its invoice given its consumption profile.
5. The weighting between connecting and transfer fees, basic subscription fees, traffic from subscribers' stations and traffic from public pay telephones is adapted when the Institute considers it necessary.
ANNEX B. - Rates granted by the service provider for social or humanitarian reasons
The universal service provider applies, at least, the following detailed tariff reductions:
1. Social telephone rate
1.1. The social telephone rate is as follows:
1° compensation for the provision of the line and the subscription fee is 50% of the normal rate;
2° cost of communications: normal rate: free of charge for national communications up to 50 tax units per two-month period;
3° with respect to persons referred to in point 1.3, 3°, the social telephone rate consists of the provision of 50 free tax units per two-month period according to the terms fixed by the Institute.
1.2. The social telephone rate is only valid in an ordinary subscription regime for a normal connection. The holder can only have one telephone connection.
1.3. The benefit of the social telephone rate may be granted upon request to any person:
1° is 65 years old:
- living alone;
- cohabiting with one or more persons aged 60 without prejudice to 1.4.
Can also cohabit with the recipient, his children and grandchildren who have not reached the age of compulsory schooling. In addition, grandchildren must be orphaned as a father and mother or be entrusted to grandparents by judicial decision.
The age limit for children and grandchildren does not apply to descendants who are at least 66% of insufficiency or decrease in physical or mental capacity of the head of one or more conditions.
The gross income of the beneficiary, combined with the gross income of the persons who may cohabit with him under 1^er above, cannot exceed the amounts fixed in accordance with Article 1^er§ 1^er of the Royal Decree of 1^er April 1981 fixing the annual amount of income referred to in Article 37, §§ 1^er, 2 and 4, and carrying out Article 49, § 5, paragraph 3, of the Compulsory Health Care and Compensation Insurance Act, coordinated on 14 July 1994;
2° having a disability of at least 66% and 18 years of age completed:
- living alone;
- cohabiting either with two or more persons, or with parents or allies of the first or second degree.
The gross income of the beneficiary, accumulated with the gross income of the persons who may cohabit with him under 2° above, shall not exceed the amounts fixed in accordance with Article 1^er§ 1^er of the Royal Decree of 1^er April 1981 fixing the annual amount of income referred to in Article 37, §§ 1^er, 2 and 4, and carrying out Article 49, § 5, paragraph 3, of the Compulsory Health Care and Compensation Insurance Act, coordinated on 14 July 1994;
3° that is personally the subject of one of the following decisions:
(a) a decision to grant the minimum of means of existence under the Act of 7 August 1974 establishing the right to a minimum of means of existence;
(b) a decision on financial educational guidance made by a social assistance council, under the Act of 8 July 1976, organizing public social assistance centres.
1.4. Living in a hotel, a rest home or in another form of community life does not open any rights to the benefit of the social telephone rate unless the recipient has a subscription in his or her own name and exclusive use.
1.5. Is considered to have a disability of at least 66%:
1° that has been declared by an administrative or judicial decision to be physically or mentally handicapped or permanently incapacitated for at least 66%;
2° for which, after the period of primary disability provided for in section 87 of the Compulsory Health Care and Compensation Insurance Act, coordinated on July 14, 1994, a reduction in the capacity of gain at a rate equal to or less than a third party, as provided for in section 100 of the Act;
3° for which, as part of the income replacement allowance, a reduction in the gain capacity to a third party or less, as provided for in section 2 of the Act of 27 February 1987 on Disability Allowances, was found;
4° for which a reduction in the degree of autonomy of at least 9 points was found in accordance with the medico-social guide and scale applicable under the Act of 27 February 1987 on disability benefits.
1.6. The application for the benefit of the social telephone rate must be submitted to the universal service provider. The Institute determines the evidence that it is satisfied with the conditions for granting the social telephone rate.
1.7. Persons already connected to the telephone who meet the conditions set are entitled to the social telephone rate at the expiry of the first maturity of their subscription following the introduction of the application.
1.8. The recipient of the social telephone rate is required:
1° to immediately inform the provider of the universal service because it no longer meets one of the conditions set to benefit from the tariff in question;
2° to immediately complete the disbursements to which he would have escaped by unduly receiving the social telephone rate following, in particular, an incomplete or false statement about the conditions set.
1.9. The benefit of the social telephone rate is withdrawn at the first maturity of the subscription that follows the date on which it is no longer satisfied with the conditions set.
2. Special telephone rate for certain hearing impaired and laryngectomy.
2.1. The special telephone rate for hearing impaired persons referred to in paragraph 2.4. and for those who have undergone laryngectomy is a 50% reduction on the charges of zonal and interzonal telephone communications over 1,500 francs per two-month period.
2.2. The special telephone rate referred to in paragraph 2.1 above is valid only in a regular subscription regime for a normal connection. The applicant's installation must be equipped with a registered deaf telephone. If this position is not provided by the universal service provider, proof of purchase must be presented.
2.3. The reduction is only granted for one connection per beneficiary.
2.4. The benefit of the special telephone rate referred to in paragraph 1 above may be granted to any person who has a telephone connection having:
1° is a minimum hearing loss of 70 dB for the best ear according to the classification of the International Bureau of Audiophonology (BIAP);
2° has a laryngectomy.
Parents or grandparents, who have a telephone connection, may benefit from the rate in question if their child or grandchild, who lives at home, meets one of the above-mentioned conditions of disability.
2.5. The disability that opens the right to the special telephone rate referred to above must be certified by an administrative or judicial decision.
2.6. The request for the benefit of the special telephone rate referred to in paragraph 2.1. This should be introduced to the universal service provider. The Institute determines the evidence that it is satisfied with the conditions for granting the special telephone rate.
2.7. Those already connected to the telephone who meet the conditions set are entitled to the above-mentioned special telephone rate on the expiry of the first maturity of their subscription following the introduction of the application.
2.8. The recipient of the special telephone rate in question is required:
1° to immediately inform the provider of the universal service because it no longer meets one of the conditions set to benefit from the tariff in question;
2° to immediately complete the disbursements to which he would have escaped by unduly benefiting from the said tariff following, in particular, an incomplete or false statement about the conditions fixed.
2.9. The benefit of the special telephone rate referred to above is withdrawn at the first maturity of the subscription that follows the date on which it is no longer satisfied with the conditions set.
3. Special telephone rate for the military blind.
A 50% reduction is granted on the subscription fee for the basic voice telephone service.
4. Special telephone rate for political daily newspapers and general information, some information weekly and Belga agency.
A 50% reduction is granted on the subscription fee for the basic voice telephone service and on the charges for telephone calls in domestic service for connections installed at the editorial office and home of professional journalists who are attached to their service and who do not exercise any other profession. A weekly news week includes a weekly newspaper written on the same paper and the same format as a newspaper, with the exception of magazines and illustrated, affiliated to the National Federation of Weekly Newspapers.
Annex C. - Information to be published
the universal service provider
The universal service provider publishes the following information:
1. Name and address of its main seat.
2. Regarding the basic fixed public telephone network:
2.1. the description of the interfaces of the connecting points used, including, where appropriate, the reference to national and/or international standards or recommendations for analog and/or digital networks:
- the interface for a simple connection;
- interface for multiple connection;
- the interface for direct selection (DDI);
- other interfaces used;
2.2. changes to specific network characteristics that affect the proper operation of approved terminal equipment.
3. Regarding the basic voice telephone service:
3.1. the description of the basic telephone service offered, including emergency services, information service and other free access services, namely:
- the terms and conditions for the provision of connections, including the control procedure and the conditions for connection of terminal equipment (i.e., requirements for terminal equipment, including, where applicable, the wiring conditions of the customer's premises and the installation of the connection point);
- the normal and specific supply modalities of the trouble-shooting service and types of maintenance services offered;
- the provision of emergency services;
- the terms and conditions for the provision of the information service;
- the terms and conditions for providing services with the intervention of a standardist;
- the billing arrangements, including intermediate billing and detailed billing;
- the procedure for non-payment of invoice;
3.2. the rates:
- rates, including differentiated rates;
- free access;
- special rates;
- rates of technical benefits;
3.3. the delivery time of the initial connection:
- the percentage expressing the share of the valid connection contracts during the observation period during which the subscriber did not request to be connected at a suitable time, to which he was satisfied within five days;
- the percentage expressing the share of the valid connection contracts during the observation period during which the subscriber did not request to be connected at a specific time, to which he was satisfied within eight days;
- the percentage expressing the share of binding contracts valid during the observation period, to which it was satisfied on the day agreed by the operator and the applicant;
- percentile values 95 for the delivery time of a switched public network connection in cases where the subscriber did not request to be connected at a suitable time;
- percentage of inconvenience per line per year;
3.4. Percentage of inconvenience by access line:
- the percentage indicating the average number of inconveniences per access line and per observation period;
3.5. the period of repair of an inconvenience, namely:
- the percentage of disturbances raised before the end of the working day following the day they were reported;
- the percentage of disturbances raised before the end of the fourth working day;
3.6. the percentage of missed calls, i.e., the percentages for national traffic, to the European Union and outside the European Union, as well as the method of measurement used and precision;
3.7. the time limit for establishing a link, i.e., percentile values 95 for the period of establishing a link for national traffic, to the European Union and outside the European Union, as well as the method of measurement used and precision;
3.8. the maximum response time for services with the intervention of a standardist, i.e. the average response time for services with the intervention of a standardist, with the mention of the accuracy;
3.9. the time limit for repairing a public pay telephone disruption, i.e., the percentage indicating the share of the disturbances raised within 48 hours after they were found by the universal service provider;
3.10. the share of public pay telephones in working order, i.e., the percentage indicating the average share of public pay telephones in working order;
3.11. complex billing challenges and issues, i.e., the percentage indicating the share of complex billing disputes and issues relative to the totality of invoices sent.
4. For public pay telephones:
- description of the service;
- rates, including differentiated rates and free access;
- the technical conditions of use:
possible payment methods;
the terms and conditions for the provision of the Disruption Lift Service.
5. In respect of compensation, the possible compensation and/or reimbursement policy;
The information to be published explicitly mentions, in addition to the points below, the basic quality requirements of section 2 of this annex, which method was used and the accuracy of the statistics.
The information is published from the manifold determined by the King, on the advice of the Institute, in accordance with section 105s of the law.
Annex 2. - Concerning the methodology of calculating the cost of universal service and the modalities of contribution to the fund for the universal telecommunications service and the intervention of the fund
CHAPTER 1^er. - General provisions
Article 1^er
For the purposes of this annex, the following means:
1° Act: Act of 21 March 1991 on reform of certain economic public enterprises;
2° Public telecommunications network: a telecommunications network used in whole or in part for the provision of publicly accessible telecommunications services;
3° Voice telephone service: service made available to the public for the commercial operation of the direct transport of voice in real time via the public switched network and allowing any user to use the equipment connected to a network termination point to communicate with another equipment user connected to another termination point;
4° Universal basic geographic service: service within the meaning of Article 84, § 1^er1° of the law;
5° Social and special rates: the rates provided for in Article 84, § 1^er8° of the law;
6° Information Service: the service provided for in Article 84, § 1^er4° of the law;
7° Universal directory: the universal white directory referred to in Article 84, § 1^er7° of the law;
8° Public pay telephone: the telephone station that is made available to the public and for the use of which means of payment are coins, debit cards and/or prepayment cards referred to in section 84, § 1^er6° of the law;
9° Fund: the universal service fund as provided for in Article 86, § 1^er the law;
10° Institute: The Belgian Institute of Postal Services and Telecommunications, shortened the IBPT, referred to in section 71 of the Act;
11° Universal Service Provider: Belgacom or any operator authorized to provide universal service throughout the territory under section 83 of the Act.
Article 2
The methodology for calculating the cost of universal service and the modalities for contributing to the universal service and fund support fund shall apply in identical conditions to any service provider.
Article 3
The fund is managed and represented by the Institute's senior official, assisted by the Institute officials he designates.
The annual accounts and annual report of the fund and the fund management report are published at the same time as those of the Institute.
CHAPTER 2. - Calculation methodology
the cost of universal service
Article 4
§ 1^er. The cost of the universal service charged to the contributors referred to in Article 86, § 2 of the law is calculated by the service provider on the basis of the sum of the following:
1° net cost of universal basic geographic service;
2° net cost resulting from social and special rates, including the service referred to in Article 86, § 1^er5° of the law;
3° net cost of information service;
4° net cost resulting from the operation of public pay telephones;
5° net cost of the white directory.
To these costs are added the costs of managing the funds supported by the Institute as calculated by the Institute for the part corresponding to the financing of the activities resumed in Article 84, § 1^er Law.
§ 2. The net cost of universal basic geographic service is comprised of all costs deemed relevant by the Institute to serve subscribers to non-profit voice services in the head of the universal service provider and in the case of a balanced rate structure. In order to establish this net cost, the universal service provider takes into account the direct and indirect revenues generated by the provision of universal geographic service.
§ 3. The net cost of social and special rates is the difference between the average cost of providing a line and the reduced price paid by beneficiaries of these rates and the cost of free tax units.
§ 4. The net cost of the information service is the difference between revenues from this service and the costs specific to it.
The costs that could result from the use of information services are excluded for another purpose.
§ 5. The net cost resulting from the operation of public pay telephones is the difference between revenues resulting from the operation of structurally non-rentable public pay telephones and related costs.
§ 6. The net cost of the white directory consists of the net costs of making, publishing and distribution of a white directory.
§ 7. The fund's management costs are comprised of all costs related to the operation of the fund and supported by the Institute. This amount is fixed by the Institute and broken down between the management costs corresponding to the financing of the activities resumed in Article 84, § 1^er the law and other management fees. This amount is the subject of a specific section of the Institute's budget. The King, by order deliberately in the Council of Ministers, sets out the maximum amount of the fund management costs.
§ 8. The principles relating to the precise methodology for calculating costs referred to in §§ 1^er 6 of this article shall be the subject of a ministerial order on the advice of the Institute.
Article 5
§ 1^er. Based on the methodology set out in section 4 of this annex, the Institute annually audits and approves the cost of universal service. To this end, the universal service provider shall make available, by March 31 of the following year, to the Institute in the forms determined by the Institute, the information it considers necessary to establish the net cost of universal service.
§ 2. The result of the calculation of the net cost of universal service for one year is published before June 30 of the following year.
CHAPTER 3. - Contributors to the fund
Article 6
The Institute publishes, for information purposes, each year before March 31 the list of persons corresponding to the categories defined in article 86, § 2 of the law.
CHAPTER 4. - Contribution modalities
the fund and its intervention
Article 7
§ 1^er. The contribution to the funds of the persons referred to in Article 86, § 2 of the law whose turnover is greater than 500 million francs is calculated as follows: the cost of the universal service as referred to in Article 4 multiplied by the fraction obtained by dividing the turnover of the contributor in the services referred to in Article 86, § 2, 1° and 2° by the total revenue considered of the sector as specified in Article 8.
§ 2. Business figures are calculated on the basis of annual accounts for the year for which the cost of universal service is calculated.
To determine the respective business figures as referred to in § 1^er of this article, contributors to the fund shall send to the Institute, at its request and within the time limit prescribed by the Institute all documents deemed necessary by the Institute. In the absence of such data, the Institute will establish the turnover of the person under consideration on the sole basis of the elements in its possession.
§ 3. For voice service providers and telecommunications service providers to the public, the amount of revenue is reduced from the amount paid to a public telecommunications network provider and interconnection charges. This amount will be based on accounting records.
Article 8
The total turnover of the sector is calculated as the sum of the business figures of contributors to the fund for the universal telecommunications service as referred to in Article 86, § 2 of this Act.
Article 9
§ 1^er. The persons referred to in section 86, § 2 of the law shall pay deposits to the fund during the current year in the following manner:
- first deposit before March 31,
- second deposit before 30 June,
- third deposit before 30 September,
- fourth deposit before December 31.
§ 2. To determine the amount of the deposits referred to in § 1^er of this section, persons referred to in section 86, § 2 of the Act shall make an estimate of their turnover for the current quarter. The amount of the deposits is what should have been paid, taking into account the estimated turnover, based on the participation rate of the last year for which the cost of the universal service was published.
§ 3. The provider of the universal service is exempt from payment of deposits provided in § 1^er of this article.
Article 10
Payments received decreased from the amount corresponding to the costs referred to in Article 4, § 1^er6° of this annex shall be paid by the fund to the service provider in the month following the dates referred to in Article 9, § 1^er this annex.
The portion of the deposits corresponding to the costs referred to in Article 4, § 1^er6° of this annex shall be paid by the fund to the Institute in the month following the dates referred to in Article 9, § 1^er this annex.
Article 11
§ 1^er. Prior to June 30 of the year following the year that was deposited, the Institute publishes the final amount of the contributions of each contributor to the fund as well as possible procedures for the performance of the accounts.
§ 2. In the month of publication referred to in § 1^er of this article, the universal service accounts are cleared for both the universal service provider and other contributors. To this end, the fund receives and distributes any reliefs.
§ 3. If it turns out that the advance payments by a contributor are 10% below the final amount of the contribution as calculated by the Institute and that this difference is the result of a sub-estimate of the turnover, an interest calculated on an annual basis of a rate equivalent to the rate of increase in the event of absence or insufficiency of advance payments to the tax of natural persons on the difference is due.
The sums representing these interests, as well as any interest on the amounts paid to the fund, come the following year in deduction of the cost of universal service.
Article 12
In order to cover other costs of universal service than those referred to in section 4 of this annex, the fund may be used as a resource in the general expenditure budget.
Annex 3. - Stopping the technical and financial conditions for the provision of services offered to meet the particular social needs referred to in article 86ter, § 2 of the Act of 21 March 1991 on the reform of certain public economic enterprises
Article 1^er
For the purposes of this annex, the following means:
- Institute: Belgian Institute of Postal Services and Telecommunications shortens the IBPT referred to in Article 71 of the Act of 21 March 1991 on the reform of certain economic public enterprises;
- schools: any secondary or higher education institution belonging to the network of a Community, a Province, a Community or a subsidized free network;
- public libraries: any library recognized by the federal State or a Community;
- hospitals: health care institutions as defined by section 2 of the Hospitals Act coordinated on August 7, 1987;
- operator: Belgacom and any operator authorized to provide the service referred to in article 86ter, § 2.
Article 2
In accordance with Article 86ter, § 2, the following rates are offered by the operator:
1. Special hospital rate
1.1. The special rate for hospitals is as follows:
1° the provision of a line whose capacity allows interactivity in order to ensure access to data transport networks including the Internet is free of charge;
2° the subscription fee is reduced by 50% compared to the normal rate;
3° the cost of communications: normal rate; free of charge is however granted for national communications up to 150 hours of zonal communications per two-month period.
1.2. The special rate is only valid for limited use in connection with and use of the Internet computer network. Any other type of communication is excluded from this tariff.
1.3. The special rate is granted to any hospital upon request.
1.4. The request for the benefit of the special tariff must be submitted to the operator. The Institute determines the evidence that the special tariff conditions are met. These include proof of connection to an Internet service provider.
1.5. The recipient of the special rate for hospitals is required:
1° to immediately inform the operator that it no longer meets one of the conditions set to benefit from the tariff in question;
2° to immediately complete the disbursements to which he would have escaped by unduly receiving the special telephone rate following, in particular, an incomplete or false statement about the conditions set.
1.6. The benefit of the special rate is withdrawn at the first maturity of the subscription that follows the date on which it is no longer satisfied with the conditions set.
2. Special school rate
2.1. The special rate for schools is as follows:
1° free provision of a line whose capacity allows interactivity in order to ensure access to data transport networks including the Internet;
2° the subscription fee is reduced by 50% compared to the normal rate;
3° the cost of communications: normal rate; free of charge is however granted for national communications up to 200 hours of zonal communications per two-month period.
2.2. The special rate is only valid for limited use in connection with and use of the Internet computer network. Any other type of communication is excluded from this tariff.
2.3. The special rate is granted to any school upon request.
2.4. The request for the benefit of the special tariff must be submitted to the operator. The Institute determines the evidence that the special tariff conditions are met. These include proof of connection to an Internet service provider.
2.5. The recipient of the special rate for schools is required:
1° to immediately inform the operator that it no longer meets one of the conditions set to benefit from the tariff in question;
2° to immediately complete the disbursements to which he would have escaped by unduly receiving the special telephone rate following, in particular, an incomplete or false statement about the conditions set.
2.6. The benefit of the special rate is withdrawn at the first maturity of the subscription that follows the date on which it is no longer satisfied with the conditions set.
3. Special tariff for public libraries
3.1. The special tariff for public libraries is as follows:
1° the provision of a line whose capacity allows interactivity in order to ensure access to data transport networks including the Internet is free of charge;
2° the subscription fee is reduced by 50% compared to the normal rate;
3° the cost of communications: normal rate; free of charge is however granted for national communications up to 250 hours of zonal communications per two-month period.
3.2. The special rate is only valid for limited use in connection with and use of the Internet computer network. Any other type of communication is excluded from this tariff.
3.3. The special rate is granted to any public library upon request.
3.4. The request for the benefit of the special tariff must be submitted to the operator. The Institute determines the evidence that the special tariff conditions are met. These include proof of connection to an Internet service provider.
3.5. The recipient of the special tariff for public libraries is required:
1° to immediately inform the operator that it no longer meets one of the conditions set to benefit from the tariff in question;
2° to immediately complete the disbursements to which he would have escaped by unduly receiving the special telephone rate following, in particular, an incomplete or false statement about the conditions set.
3.6. The benefit of the special rate is withdrawn at the first maturity of the subscription that follows the date on which it is no longer satisfied with the conditions set.
Article 3
For recipients whose definition is within their competence, communities may, in agreement with the Minister, address the operator to change the quality of the recipients, the number of beneficiaries and the number of hours of zonal communication, in order to redistribute all the benefits referred to in this annex.
The Institute ensures that this possibility does not entail any additional costs for the federal state.
For viewing the footnote, see image