Law Amending And Supplementing The Law On Electronic Communications

Original Language Title: Закон за изменение и допълнение на Закона за електронните съобщения

Read the untranslated law here: http://parliament.bg/bg/laws/ID/15166/

Name of law Law amending and supplementing the law on electronic communications Bill name a bill amending and supplementing the law on electronic communications adopted 08/04/2015 number/year Official Gazette 29/2015 Decree No 58

On the grounds of art. 98, paragraph 4 of the Constitution of the Republic of Bulgaria

I DECLARE:

To be published in the Official Gazette the law amending and supplementing the law on electronic communications adopted by the HLÌÌI National Assembly on 8 April 2015.

Issued in Sofia on 16 April 2015.

The President of the Republic: Rosen Plevneliev

Stamped with the State seal.

Minister of Justice: Hristo Ivanov

LAW

amending and supplementing the law on electronic communications (promulgated, SG. 41 since 2007; amend., SG. 109 (2007), no. 36, 43 and 69 since 2008, issue 17, 35, 37 and 42 of 2009; the Decision the Constitutional Court No. 3 of 2009 – No. 45 of 2009; amend., SG. 82, 89 and 93 from 2009. , PC. 12, 17, 27 and 97 from 2010, PC. 105 by 2011, issue. 38, 44 and 82 by 2012 PCs. 15, 27, 28, 52, 66 and 70 in 2013, PCs. 11, 53, 61 and 98 by 2014, PC. 14 by 2015; Decision No. 2 of the Constitutional Court by 2015 – PCs. 23 by 2015; amend., SG. 24 by 2015.)

§ 1. In art. 33, para. 2. t 6 is created:

"6. the number of subscribers of the establishment, pursuant to the undertaking offered by differentiated services based on data from the annual activity report provided by an enterprise in connection with art. 38, para. 1. "

§ 2. In art. 74 following amendments and supplements shall be made:

1. The current text becomes paragraph 1.

2. a para. 2:

"(2) the undertaking shall publish the information referred to in art. 33, para. 2, item 6 of your page on the Internet. "

§ 3. In art. 75, para. 1 the words "art. 74 ' shall be replaced by "art. 74, para. 1. "

§ 4. In art. 77, para. 2, second sentence, the words "article. 74 ' shall be replaced by "art. 74, para. 1. "

§ 5. In art. 78 following amendments and supplements shall be made:

1. Paragraph 1 shall be amended as follows:

' (1) in the event that the established breach of obligations arising from the applicable common requirements, the conditions of the permits issued for the use of a limited resource and/or of the specific obligations imposed, the Commission:

1. notify the enterprise carrying out electronic messages for the failure within 7 days after the establishment, setting an appropriate period for expressions of opinion; the expiry of the deadline for the opinion, the Commission by decision require that in a reasonable period of cessation of failure and/or removal of its consequences, and/or bringing the activities of the enterprise in accordance with the said acts, or

2. by decision after the expiry of the deadline for expressions of opinion referred to in paragraph 1 requires immediate cessation of the breach, giving mandatory instructions for the cessation of the breach and/or removal of its consequences, and to adapt the activity of the enterprise in accordance with those acts. "

2. paragraph 2 is repealed.

3. Al are created. 5 and 6:

"(5) the appeal of the decision of the Commission under para. 1 does not stop its execution, unless the court orders otherwise.

(6) the proceedings referred to in para. 1-4 apply regardless of responsibility administrativnonakazatelnata of enterprise, which is realized in the General order. "

§ 6. In art. 257, para. 1, the words "in the presence of technical possibility" shall be deleted and the second sentence: "exception from the obligation laid down in the first subparagraph may be granted by the Commission only in the absence of the technical capability for a period not exceeding three months."

§ 7. In art. 331, para. 3, 4, 5, 7 and 8, the words "entered into force" shall be deleted.

§ 8. Art is created. 331:

"Art. 331. (1) For failure to comply with the Council decision under art. 78, para. 1:1. the President imposed the penalty for non-fulfilment of the obligation provided for in this chapter, and/or

2. the Commission imposed a penalty payment in the amount of 500 to 5000 EUR daily.

(2) the pecuniary penalty under para. 1, item 2 of having to implement the decision of the Commission under Chapter Seventeen of the administrative code.

(3) the financial penalties Imposed under para. 1, item 2 shall be subject to appeal in accordance with section vi, Chapter Seventeen of the administrative code.

(4) the restoration of the violated law and compensation of damage from the execution of an administrative act, which was repealed after started its implementation becomes under Chapter Seventeen, section VII of the administrative code.

§ 9. In art. 334 b al. 1 shall be amended as follows:

"(1) an undertaking providing roaming service via public electronic communications networks, which violates the requirements of Regulation (EC) no 531/2012 of the European Parliament and of the Council of 13 June 2012 on roaming on public mobile networks within the Union (OJ, L 172/10 of 30 June 2012), financial penalties shall be imposed as follows:

1. a breach of art. 3 of the regulation – to the tune of 400 000 to 2 000 000 BGN.;

2. a breach of art. (4) of the regulation – in the amount of 10 000 to 100 000 BGN.;

3. for violation of art. 5 (1) of the regulation – in the amount of 10 000 to 100 000 BGN.;

4. for violation of art. 7 of the regulation – to the tune of 400 000 to 2 000 000 BGN.;

5. for violation of art. 8 (2) of the regulation – in the amount of 50 000 to 2 000 000 BGN.;

6. for violation of art. 8, paragraphs 1, 3, 4 and 5 of the regulation – in the amount of 10 000 to 100 000 BGN.;

7. for violation of art. 9 of the regulation – to the tune of 400 000 to 2 000 000 BGN.;

8. for violation of art. 10 (1) of the regulation – in the amount of 10 000 to 100 000 BGN.;

9. a breach of art. 10, paragraphs 2, 3, 4 and 5 of the regulation – in the amount of 50 000 to 2 000 000 BGN.;

10. for violation of art. 10 (6) of the regulation – in the amount of 10 000 to 100 000 BGN.;

11. for violation of art. 11 of the regulation – in the amount of 10 000 to 100 000 BGN.;

12. for violation of art. 12 of the regulation – to the tune of 400 000 to 2 000 000 BGN.;


13. for violation of art. 13 (2) of the regulation – in the amount of 50 000 to 2 000 000 BGN.;

14. for violation of art. 14, paragraphs 1, 3, 4, 5 and 6 of the regulation – in the amount of 10 000 to 100 000 BGN.;

15. for violation of art. 14 of the regulation – in the amount of 10 000 to 100 000 BGN.;

16. a breach of art. 15 of the regulation – in the amount of 10 000 to 100 000 LEVs. "

§ 10. Paragraph 1 (a) of the supplementary provisions shall be repealed.

Additional provision

§ 11. Paragraph 9 concerning art. 334 b contains the measures for implementing Council Regulation (EC) no 531/2012 of the European Parliament and of the Council of 13 June 2012 on roaming on public mobile networks within the Union (OJ, L 172/10 of 30 June 2012).

The law was passed by the National Assembly-43 8 April 2015 and is stamped with the official seal of the National Assembly.

President of the National Assembly Tsetska Tsacheva:

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