Name of law
Law amending the Law on Electronic Communications




Name Bill
Bill amending the Law on Electronic Communications





Date of adoption
20/12/2011



Number / year Official Gazette
105/2011







DECREE № 306
Pursuant to Art. 98 pt. 4 of the Constitution of the Republic of Bulgaria
DECREE:
To be published in the "Official Gazette" Law amending the Law on electronic communications adopted by HLI National Assembly on December 20, 2011 || | Released in Sofia on December 27, 2011
President of the Republic, Georgi Parvanov
stamped with the state seal.
Minister of Justice Diana Kovacheva

Law amending the Law on Electronic Communications (prom. SG. 41 of 2007 .; amend. Pcs. 109 2007 pcs. 36, 43 and 69 of 2008, pcs. 17, 35, 37 and 42 of 2009 .; SG. 45 of 2009 - Decision № 3 of the Constitutional Court from 2009 .; amend., SG. 82, 89 and 93 of 2009, pcs. 12, 17, 27 and 97 of 2010)
§ 1. In art. 4 para. 1 made the following amendments:
1. In item. 1:
a) letter "a" is amended as follows:
"a) provide opportunities to consumers, including people with disabilities, the elderly and persons with special social needs derive maximum benefit from choice the price and quality of electronic communications; "
b)" b "word" distortion "is replaced by" violation "and then the word" communications "a comma and added" including the transmission of content ";
C) letter "d" is amended as follows:
"d) promote the efficient use and ensuring the effective management of scarce resources."
2. In item. 2:
a) letter "c" is amended as follows:
'c) provides, in similar circumstances equal treatment of undertakings providing electronic communications networks and / or services; "
b) in the letter "d" after the words "European Union" conjunction "and" is deleted and after the words "European Commission" shall be added "and the Body of European regulators for electronic communications." 3
. In item. 3:
a) letter "e" finally put a comma and added "the elderly and persons with special social needs";
B) the letters "g" and "h":
"g) respecting fundamental rights and freedoms guaranteed in the European Convention for the Protection of Human Rights and Fundamental Freedoms and general principles of European Union law on access and use of services and applications delivered via electronic communications networks; measures to restrict fundamental rights and freedoms shall be permitted only under conditions and procedures specified by law, and subject to the presumption of innocence and the right to privacy;

H) promote the ability of users to access and distribute information or run applications and services of their choice. "
§ 2. In art. 7 is amended as follows:
1. In para. 1, 'and policy information society "are deleted and the word" them "is replaced by" Hey. "
2. Paragraphs 2 and 3 are amended as follows:
"(2) The project under par. 1 is available for public discussion under Art. 18.
(3) The policy in the field of electronic communications shall be updated at least once every four years. "
§ 3. In art. 8 par. 3 is repealed.
§ 4. In art. 11, para. 2 after the words "be prepared" insert "and update" after the words "in accordance with" insert "EU policy" and a comma and the words "and / or their competent authorities" are deleted.
§ 5. In art. 16 be made the following amendments:
1. Point 1 is amended as follows:
"1. prepare and submit for approval by the Cabinet policies, strategies, plans and programs in the field of electronic communications in the field of information society. "
2. In pt. 5 comma after the word "standards" shall be deleted and the words "technical requirements and specifications" are replaced by "and standardization documents." 3
. A new item. 7:
"7. participated in the preparation and coordination of EU policy in the field of limited resources in relation to their security and efficient use necessary for the establishment and functioning of the single market of the European Union in the electronic communications sector and ensuring interoperability of services; ".
4. Former pt. 7, 8, 9, 10 and 11 become items. 8, 9, 10, 11 and 12.
§ 6. In art. 17 be made the following amendments:
1. In para. 1 created item. 3:
"3. use and develop the network under p. 1 for the needs of government. "
2. Paragraph 2 is repealed.
§ 7. In art. 24 be made the following amendments:
1. A new paragraph. 2:
"(2) The act of early termination of office of member of the Committee shall be made public on the day of its adoption. The reasons for early termination of the mandate may be published at the request of the aggrieved party. "
2. Former para. 2 and 3 shall become para. 3 and 4.
§ 8. In art. 27 to create a new paragraph. 2:
"(2) The activities under par. 1 pt. 4 and 5 are carried out in accordance with rules adopted by the commission. "
§ 9. In art. 28 make the following additions:
1. In para. 2 after "working committee" a comma and added "numbers".
2. In para. 3 after the word "Commission" shall be added "and the rules of art. 27 para. 2 ".
§ 10. In art. 30 be made the following amendments:
1. In pt. 4 the word "change" is replaced by "amended".
2. A new item. 18:

"18. assist in the harmonization of specific numbers or numbering ranges within the European Union to promote the functioning of the internal market and the development of pan-European electronic communications services ". 3
. Previous item. 18 becomes item. 19.
4. Create new items. 20 and 21:
"20. take part in the Body of European Regulators for Electronic Communications and promote the coordinated and consistent regulation;
21. examining cases of non-compliance to ensure the security and integrity of public electronic communications networks and / or services. "
5. Previous items. 19, 20, 21, 22 and 23 become items. 22, 23, 24, 25 and 26.
§ 11. In art. 31 be made the following amendments:
1. In the text before item. 1, 'competition in the provision "be replaced by" the market ".
2. Create new items. 3 and 4:
"3. encourages investment and innovation in new and enhanced infrastructures, including by ensuring that any obligation to provide access account the risk incurred by the investing undertakings and allows various cooperative arrangements between investors and parties seeking access for distribution of investment risk in ensure continued competition in the market and the principle of equality;
4. safeguarding competition to the benefit of consumers and, where appropriate, encourage infrastructure competition; ". 3
. A t. 5:
"5. Recognizing the diversity of conditions relating to competition and consumers that exist in different geographical areas; ".
4. Previous item. 3 becomes item. 6.
5. Previous item. 4 becomes pt. 7 and the words "European law" is replaced by "European Union law".
6. Created so. 8 and 9:
"8. impose ex ante specific obligations only when there is no effective and sustainable competition in the relevant market and amend or withdraw such obligations when this condition is met;
9. promote regulatory predictability by ensuring a consistent regulatory approach in terms of art. 157a. "
§ 12. In art. 32 make the following additions:
1. In the text before item. 1 finally added "and the geostationary orbital positions allocated to the Republic of Bulgaria under international agreements".
2. A pt. 13:
"13. distributes the geostationary orbital positions allocated to the Republic of Bulgaria under international agreements. "
§ 13. In art. 33 made the following amendments:
1. In para. 1 created item. 3:
"3. set of undertakings with significant impact on the relevant market. "
2. In para. 2:
a) in the text before item. 1 after the words "under par. 1 "a comma and added" item. 1 and 2 ";
B) in Item. 1, letter "b" finally added "and the corresponding identification code";

C) pt. 5 finally add "and page on the Internet." 3
. A new paragraph. 3:
"(3) The register under par. 1 pt. 3 contains the following information:
1. identification of the entity;
2. the market; 3
. imposed specific obligations. "
4. Former para. 3 becomes para. 4.
§ 14. In art. 34 pt. 5 word "special" is replaced by "imposed".
§ 15. In art. 35 be made the following amendments:
1. In para. 6:
a) the text before item. 1 is amended as follows: "The Commission shall include an order for preliminary execution under Art. 60 of the Administrative Code in issuing these individual administrative acts ";
B) in item. 2 finally added "and to impose provisional duties."
2. Created al. 7, 8 and 9:
"(7) The meetings of the committee found. For certain items on the agenda committee may hold a closed session when a decision requires legally protected information.
(8) Commission before meetings publish draft agendas of its website.
(9) Minutes of meetings and decisions of the Commission published on its website, with the exception of legally protected information. "
§ 16. In art. 36, para. 4 after the words "received opinions" add "except for the parts representing a trade secret" and a comma.
§ 17. A Art. 37a:
"Art. 37a. The Commission shall inform the Commission of consumer protection and consumer groups for opening procedures under art. 36 and 37 when these procedures dealing with issues related to the rights of end users of electronic communications services and the Commission for the protection of personal data when these issues relate to the processing of personal data. "
§ 18. In art . 38 is amended as follows:
1. In para. 1 p. 3 is repealed.
2. In para. 2 the word "one" is replaced by "14 days".
§ 19. In art. 40 made the following amendments:
1. Paragraph 1 shall be amended as follows:
"(1) The Commission may make to undertakings providing electronic communications written reasoned requests for information in an appropriate volume, time and details necessary for the performance of its regulatory functions, including: financial information; information concerning future network or service which may have an impact on the wholesale services provided to competitors; accounting data on the retail markets related to wholesale markets, undertakings with significant market wholesale. The Commission shall state the reasons and purposes for which the information is requested in the grounds to request information. The request must be proportionate and objectively justified for the following purposes:

1. systematic and targeted inspection in connection with:
a) universal service funding;
B) payment of administrative fees and / or charges for the use of scarce resources;
C) the effective and efficient use of scarce resources;
D) compliance with the obligations imposed under this Act;
2. verification of compliance with the requirements of Art. 73 and obligations under Art. 106 and 107 where it receives a complaint or on the initiative of the Commission; 3
. conducting procedures for examining and evaluating the request for authorization to use the scarce resource;
4. publication of comparative overviews of quality and price of services for the benefit of consumers;
5. clearly defined statistical purposes;
6. analysis of the relevant market;
7. ensuring efficient use and effective management of spectrum;
8. evaluating future network or service developments that could have an impact on wholesale services made available to competitors. "
2. A new paragraph. 2:
"(2) The information under par. 1, p. 1, 2, 4-8 may not be required prior to or as a condition of market access. "
Third. Former para. 2, 3, 4 and 5 shall become para. 3, 4, 5 and 6.
4. Former para. 6 becomes para. 7 and the words "para. 3 "are replaced with" para. 4 ".
5. Former para. 7 and 8 become par. 8 and 9.
§ 20. In art. 41, para. 2 finally put a comma and added "which was published in the" Official Gazette ".
§ 21. In Chapter Four title of Section IV is amended as follows: "Cooperation and consultations with the European Commission, the Body of European Regulators for Electronic Communications and the national regulatory authorities of the Member - States of the European Union."
§ 22. In Chapter Four, Section IV creates art. 41a:
"Art. 41a. Commission interacts with the European Commission, the Body of European Regulators for Electronic Communications and the regulatory authorities of the Member - States of the European Union, in a transparent manner for the development of the single market of the European Union and to determine the regulatory funds and obligations are best suited for each case. "
§ 23. Article 42 is amended as follows:
" Art. 42. (1) The Commission, after public discussion under Art. 36 sent to the European Commission, the Body of European Regulators for Electronic Communications and the regulatory authorities of the Member - States of the European Union, the draft decision and the reasons it when:
1. draft decision is connected with the powers of the Commission under Art. 30 pt. 1-4 or falls under Art. 160, 163 and Art. 166, para. 3 and
2. affects trade between Member - States of the European Union.

(2) If within one month from the date of dispatch of the draft decision under par. 1 is not forthcoming opinions by the European Commission by the Body of European Regulators for Electronic Communications and the regulatory authorities of the Member - States of the European Union, the Commission adopts a final decision.
(3) Upon adoption of the decision under par. 1 The Commission shall take utmost account of the views of the European Commission, the Body of European Regulators for Electronic Communications and the regulatory authorities of the Member - States of the European Union.
(4) The Commission forwarded to the European Commission and the Body of European Regulators for Electronic Communications any final decision. "
§ 24. created art. 42a, 42b and 42c:
"Art. 42a. (1) The draft decision under Art. 42, para. 1, the Commission may designate:
1. relevant market which differs from the markets listed in applicable decision of the European Commission or
2. undertaking which alone or jointly with others have a significant impact on the relevant market.
(2) In the cases under par. 1, when the European Commission adopts an opinion, according to which the draft decision will affect trade between Member - States of the European Union will create barriers in the single market of the European Union or it has serious doubts as to the compatibility of the draft decision with European Union law, adoption of the draft decision was postponed for another two months.
(3) In the event that within the period under par. 2 The European Commission lifted its reservations on the draft decision, the Commission take a final decision and forward it to the European Commission and the Body of European Regulators for Electronic Communications.
(4) In the event that within the period under par. 2 The European Commission has asked the Commission to withdraw the draft decision, the Commission within 6 months from the date of the decision of the European Commission to amend or withdraw the draft decision.
(5) If the committee amended the draft decision, the procedures of art. 36 and 42 are held again.
Art. 42b. (1) The draft decision under Art. 42, para. 1, the Commission may impose obligations laid down in the law or to extend, amend or revoke already imposed obligations.
(2) If within one month from the date of dispatch of the draft decision under par. 1 statement is not received from the European Commission, the Body of European Regulators for Electronic Communications and the regulatory authorities of the Member - States of the European Union, the Commission adopts a final decision.

(3) Upon adoption of the decision under par. 1 the Commission shall take the utmost account of the views of the European Commission, the Body of European Regulators for Electronic Communications and the regulatory authorities of the Member - States of the European Union.
(4) In the cases under par. 1, when the European Commission adopts an opinion, according to which proposed the draft resolution measures would affect trade between Member - States of the European Union will create barriers in the single market of the European Union or it has serious doubts as to the compatibility of the draft decision with the right to European Union, the adoption of the draft resolution was postponed for three months.
(5) Within the period under par. 4 committee interacts with the European Commission and the Body of European Regulators for Electronic Communications to determine the most appropriate obligations to achieve the objectives of art. 4 and taking into account the views of stakeholders and the need to ensure the development of consistent regulatory practice.
(6) If the 6 week period from the beginning of the period under par. 4 Body of European Regulators for Electronic Communications supported the doubts of the European Commission, the Commission may within the period under par. 4 amend the draft decision, taking into account the fullest extent with the opinions and proposals of the European Commission and the Body of European Regulators for Electronic Communications to withdraw the draft decision or maintained in the draft decision.
(7) If the 6 week period from the beginning of the period under par. 4 Body of European Regulators for Electronic Communications does not support the doubts of the European Commission or the Commission amends or maintains its draft decision, the Commission may, within one month of the expiry of the term under par. 4 to take a decision to lift its reservations or issue a recommendation, which requires the Commission to amend or withdraw the draft decision.
(8) Within one month of issuance of the recommendation of the European Commission or by lifting its reservations Commission shall notify the European Commission and the Body of European Regulators for Electronic Communications accepted for definitive measures. Period of one month may be extended for public discussion under Art. 36.
(9) The Commission may not amend or withdraw the draft decision by submitting a reasoned justification.
(10) The Commission may withdraw the draft decision at every stage of the procedure.

Art. 42c. (1) In exceptional cases where the Commission considers that there is an urgent need for action to protect competition and consumers' interests, it imposes justified proportionate provisional duties.
(2) Following the adoption of the decision under par. 1, the Commission shall notify the European Commission, the Body of European Regulators for Electronic Communications and the regulatory authorities of the Member - States of the European Union to impose provisional duties, specifying the reasons for their imposition.
(3) The decision under par. 1 may be adopted without public discussion and public consultation.
(4) The Commission may extend the validity of the provisional duties or make them permanent after the procedure Art. 42 in conjunction with Chapter Nine. "
§ 25. In Chapter Four, Section IV creating art. 43a and 43b:
"Art. 43a. (1) The Commission shall consider the recommendations of the European Commission when it is established that there is a difference in the performance of regulatory functions that can create barriers to the single market of the European Union, except in cases related to the management of limited resources - radio spectrum.
(2) If the committee fails to comply with the recommendations under par. 1, it notifies the European Commission as reasons for its position.
Art. 43b. (1) The Commission shall collect and maintain information on the main subject of appeals against decisions of the Commission, their number, the duration of the appeal proceedings and the number of acts of the competent court to suspend the Commission's decision.
(2) The Commission shall provide the information under par. 1 of the European Commission and the Body of European Regulators for Electronic Communications in a reasoned request. "
§ 26. In Chapter Four in the name of Title VI, the words" in the field of digital broadcasting "are deleted.
§ 27. In art. 47a para. 1 after the words "broadcaster" insert "under the jurisdiction of the Republic of Bulgaria".
§ 28. In art. 48, para. 3, after the words "radio or television operators" insert "under the jurisdiction of the Republic of Bulgaria" and the text until the end shall be deleted.
§ 29. In Chapter Four, Section VI create art. 49a, 49b and 49B:
"Art. 49a. (1) The Council for Electronic Media registered under the Act for radio and television broadcasters who create programs for distribution via electronic communications networks for terrestrial and satellite broadcasting, when the purpose of the broadcast signal for reception outside Republic of Bulgaria.

(2) The registration under par. 1 entitles programs are distributed by an undertaking which is authorized by the commission for use of individually assigned scarce resource - radio frequency spectrum for provision of electronic communications through electronic communications networks for terrestrial and satellite broadcasting.
(3) Radio and television programs are broadcast from now on par. 2, based on a written agreement between the company and a radio or television broadcaster.
Art. 49b. (1) The Commission in compliance with the procedure laid down in Chapter Five, initiates a competition to select an undertaking can obtain authorization for use of individually assigned scarce resource - radio frequency spectrum for provision of electronic communications through electronic communications networks terrestrial or satellite broadcasting, distributing programs under Art. 49a.
(2) the expert commission for holding the competition to include two representatives of the Council for Electronic Media decided by the council.
(3) The entity authorized under par. 1 distributes radio or television programs in accordance with the Law on radio and television.
Art. 49B. (1) The Commission may impose obligations on transfer of undertakings providing electronic communications networks for broadcasting of radio and television programs, if these networks are used by a significant number of end users, including disabled end-users as a basic tool for acceptance radio and television programs.
(2) Radio and television programs for par. 1 shall be determined by the Council for Electronic Media under the Law on Radio and Television.
(3) The Commission imposes the obligation under par. 1 based on the decision of the Broadcasting Council to determine the programs under par. 2 after consultations in accordance with Art. 37.
(4) The undertakings under paragraph. 1 set prices for distribution of radio and television programs for par. 2 in accordance with the principle of cost orientation.
(5) The Commission shall review the obligations imposed under par. 1 for their continuation, modification or cancellation at least once every five years. "
§ 30. In art. 51, para. 2 after the words "market liberalization" insert "for participation in the Body of European Regulators for Electronic Communications" and a comma.
§ 31. In art. 53, para. 2 word "tariff" is replaced by "amending the tariff."
§ 32. In art. 54 para. 1 is amended as follows:

"(1) The Commission shall assist or issue directions in the event of a dispute arising in connection with existing obligations under this Act between undertakings providing electronic communications networks and / or services or between such undertakings and undertakings benefiting from obligations under access and / or interconnection, when one of the parties concerned has made a written request. "
§ 33. in art. 62 made the following amendments:
1. In para. 1 the words "under Art. 55 "shall be replaced with" under Art. 56 ".
2. A new paragraph. 3:
"(3) Before resolving the dispute specialized committee may request through the Commission further evidence and submissions from the parties and the relevant regulatory authorities."
Third. Former para. 3 and 4 shall become par. 4 and 5.
4. Former para. 5 is repealed.
5. Create a new paragraph. 6, 7 and 8:
"(6) The Commission coordinated its position with competent national regulatory authorities and is entitled to consult the Body of European Regulators for Electronic Communications with a view to resolving the dispute in accordance with the purposes of art. 4.
(7) The Commission may request the Body of European Regulators for Electronic Communications to adopt an opinion on the action to be taken to resolve the dispute.
(8) Where a request is made under par. 7, the Commission takes action to resolve the dispute after receiving the opinion of the Body of European Regulators for Electronic Communications, without excluding the possibility, if necessary, to take urgent measures. "
6. Former para. 6 becomes para. 9.
7. Former para. 7 becomes para. 10 and amended as follows:
"(10) The Commission decision to adopt an opinion on the request under par. 1, taking the utmost opinion of the Body of European Regulators for Electronic Communications, if any, and position the competent national regulatory authorities. Opinion of the Committee shall be sent to the respective national regulatory authorities. "
8. Former para. 8 becomes para. 11 and amended as follows:
"(11) Upon receipt of confirmation from the competent national regulatory authorities for the opinion Committee decided in accordance with the opinion, send it to the affected countries. Upon adoption of the decision on the dispute and imposing obligations of the undertaking, the Commission may impose only obligations stipulated by this law and in the manner provided therein. "
§ 34. Article 63 is amended as follows:
" Art. 63. (1) Undertakings providing public electronic communications networks and / or services which have special or exclusive rights to provide services in other sectors, including in other countries - EU member states:

1. keep separate accounts in respect of activities related to the provision of electronic communications in the conditions under which such cost accounting is kept for activities carried out by legally independent entities or
2. implement structural separation for the activities associated with the provision of electronic communications.
(2) The obligation under par. 1 pt. 1 shall not apply to undertakings the annual turnover of the activities related to the provision of electronic communications is less than the equivalent of 50 million euros at the official exchange rate of the lev against the euro. "
§ 35. Art. 65 is amended as follows:
1. In para. 1, p. 1, 'individually assigned "shall be deleted.
2. Paragraphs 2 and 3 are canceled.
§ 36. A Art. 65a:
"Art. 65a. Provision of electronic communications through radio equipment using radio spectrum, which does not need to be individually assigned shall be determined by rules adopted by the Commission. The rules are published in the "Official Gazette". "
§ 37. In art. 66 be made the following amendments:
1. The previous text becomes para. 1.
2. A par. 2:
"(2) Undertakings providing cross-border electronic communications services to undertakings located in several Member - States of the European Union, submit one notification per Member State."
§ 38. In art. 67 be made the following amendments:
1. The previous text becomes para. 1.
2. A par. 2:
"(2) Electronic communications are carried out after the authorization for use of individually assigned scarce resource - spectrum where necessary to:
1. avoid harmful interference;
2. ensure technical quality of service; 3
. safeguard efficient use of spectrum, or
4. fulfill other objectives of general interest determined in accordance with European Union law. "
§ 39. In art. 71 be made the following amendments:
1. The previous text becomes para. 1 and is amended as follows:
"(1) The authorization for use of individually assigned scarce resource an initial period of 20 years. Continuation of the authorization shall be carried out under Art. 114, para. 2. "
2. A par. 2:
"(2) In determining the initial period under par. 1 the Commission comply with the service and targets, taking into account the period for amortization of investments. "
§ 40. In art. 73 be made the following amendments:
1. In para. 1, first sentence, the words "should" be deleted.
2. In para. 3:
a) in Item. 1:
aa) the new "c":
"in) to protect the public network from unauthorized access to personal data;"
bb) previous letter "c" becomes letter "d";
Cc) the letter "e":

"E) create conditions to prevent electromagnetic interference between electronic communications networks and / or services;"
b) a new item. 2:
"2. to comply with environmental, structural and technical requirements for the construction and operation of electronic communications networks; "
c) the previous item. 2 becomes item. 3;
D) the previous item. 3 becomes pt. 4 and the words "and of art. 75 para. 2 "are deleted;
E) the previous item. 4 becomes item. 5 and in it the word "communications" is replaced by "communications services";
F) a new item. 6:
"6. to provide end users access numbers from the European Telephone Numbering Space, the Universal International Freephone Numbers, and, where technically and economically feasible, up from numbering plans of other countries - EU member states and the conditions for when an entity provides public telephone services; "
g) the previous item. 5 becomes pt. 7 and the words" confidentiality of communications and "shall be deleted and the word" data "is replaced by" personal data and the right to privacy " ;
H) the previous item. 6 becomes so. 8 and in her letter "e" after the word "standards" shall be added "and / or standardization documents";
I) the previous items. 7, 8 and 9 become items. 9, 10 and 11;
K) the previous item. 10 becomes so. 12 and it finally added "in unencrypted form";
L) the previous item. 11 becomes pt. 13 and the words "end users" are replaced by "users of electronic communications services and conditions for accessibility of these services by disabled users";
M) the item. 14:
"14. transparency obligations in order to provide connectivity "end to end" in accordance with Art. 4, disclosure regarding any conditions limiting access to and / or use of services and applications, where it is permitted by law and in accordance with European Union law, where appropriate and in accordance with the principle of proportionality, ensuring access of the Commission to information necessary to verify the accuracy of the announced restrictions. "
§ 41. Article 73a is repealed.
§ 42. In art. 74 be made the following amendments:
1. In the text before item. 1 after the word "there" is added "at least" and the comma after the word "rights" and the words "not limited to" are deleted.
2. A new item. 3:
"3. to receive approval of investment projects, including complex projects for investment initiative and building permits for public electronic communications networks, facilities and related infrastructure under and in terms of art. 281, para. 4; '. 3
. Previous items. 3 and 4 become items. 4 and 5.
§ 43. In art. 75 make the following additions:
1. In para. 2 pt. 3 finally put a comma and added "where applicable".

2. In para. 5 finally adds "within 7 days of receipt of the notification, respectively removal of deficiencies."
§ 44. In Chapter Five, Section II creates art. 78a:
"Art. 78a. (1) If not met the applicable common requirements or obligations under permissions and / or imposed specific obligations, the Commission may by decision impose emergency measures to remedy the violations, which are:
1. immediate and serious threat to public safety, public security or public health, or
2. serious economic or operational problems for other providers or users of electronic communications networks or services or other users of the spectrum.
(2) The Commission allows the enterprise to comment and propose measures to remedy the situation. The Commission shall decide within 14 days on the opinion and proposed measures now.
(3) The measures under par. 1 shall be imposed for a period not exceeding three months. If the procedures to remedy the situation have not been completed, this period may be extended by no more than three months.
(4) Where the entity providing electronic communications do not stop the breach within the period under par. 3, the Commission penalized under this law. "
§ 45. In art. 81, para. 2 pt. 4 finally put a comma and added "except under Art. 49a and 49b. "
§ 46. In art. 83, para. 2 make the following additions:
1. In item. 1 after the word "application" a comma and added "if the person is not registered or re-registered after January 1, 2008 under the Commercial Register Act."
2. In item. 3, after the word "bankruptcy" a comma and added "if the person is not registered or re-registered after January 1, 2008 under the Commercial Register Act."
§ 47. In art. 84, para. 1, p. 1 finally put a comma and added "including when it is coordinated at the national or, where appropriate, internationally."
§ 48. In art. 86, para. 6, after the word "committee" add "within 14 days".
§ 49. In chapter five name of Section V shall be amended as follows: "Authorization for use of individually assigned scarce resource - spectrum or positions in geostationary orbit allocated to Bulgaria under international agreements, after competition or auction. "
§ 50. Article 89 is amended as follows:
"Art. 89. (1) The Commission may on its own initiative announced plans to hold a tender or auction for the use of specific spectrum or specific position in geostationary orbit if necessary to limit the number of permits issued.

(2) the Commission announces intention to contest or an auction at the initiative of an interested party. "
§ 51. In art. 90 be made the following amendments:
1. In para. 1, 'individually assigned scarce resource - spectrum is limited "are replaced by" certain spectrum or position in geostationary orbit can be restricted. "
2. In para. 2:
a) in the text before item. 1 the word "intent" is replaced by "Art. 89 intends to limit the number of issued permits for use of designated radio frequency spectrum or position in geostationary orbit ";
B) in Item. 1 after the word "spectrum" insert "or position in geostationary orbit" and the word "who" is replaced by "that";
C) in item. 2 the word "expected" is deleted and the word "will" is replaced by "may";
D) in item. 3 finally added "or position in geostationary orbit";
E) pt. 4, after the word "spectrum" insert "or position in geostationary orbit". 3
. In para. 3:
a) the text before item. 1 is amended as follows: "The Commission announced on its website the results of the public consultation and decision. Depending on the decision of the commission ";
B) in item. 2, after the word "spectrum" insert "or position in geostationary orbit".
4. In para. 4 after the word "spectrum" insert "or position in geostationary orbit".
5. In para. 6, after the word "spectrum" insert "or position in geostationary orbit".
§ 52. In art. 93, para. 1 after the word "spectrum" insert "or position in geostationary orbit".
§ 53. In art. 96, para. 1 is amended as follows:
1. In item. 3, 'kind of technology used "be replaced with" relevant technology. "
2. Point 4 is amended as follows:
"4. objective, transparent, non-discriminatory and proportionate criteria to assess the relative weighting and evaluation mechanism following the principles of spectrum management in order to achieve the objectives of art. 4; '.
§ 54. In art. 97 tons. 5 is amended as follows:
"5. objective, transparent, non-discriminatory and proportionate criteria and avoid elimination from the tender in compliance with the requirements related to spectrum management in order to achieve the objectives of art. 4; '.
§ 55. In art. 103 made the following amendments:
1. In para. 1 after the words "under Art. 102, para. 2 "insert" and / or art. 104, para. 1 ".
2. In para. 2 the word "three" is replaced by "7" and the words "under Art. 102, para. 2 "is replaced by" Art. 104, para. 1 ". 3
. In para. 3 the word "three" is replaced by "7", the word "decision" is replaced by "decisions" after the words "Art. 102, para. 2 pt. 1 "is added" and Art. 104, para. 1 ".
§ 56. In art. 106 made the following amendments:
1. In the text before item. 1 the word "determined" is replaced by "include some or all of the following conditions:".

2. Point 1 is amended as follows:
"1. obligation to provide the service or to use a type of technology for which they were granted rights of use of radio spectrum, including where applicable, the requirements for coverage and quality; ". 3
. Points 4 and 5 are amended as follows:
"4. the possibility of transferring the permit;
5. conditions to ensure effective and efficient use of spectrum. "
4. In pt. 6 the words "para. 3 pt. 6 "is replaced with" para. 3 pt. 8 ".
5. In pt. 7, the words "consistent with" is replaced by "that can be changed accordingly."
6. Points 11, 12 and 13 are canceled.
7. A t. 16:
"16. liabilities related to experimental use of radio frequencies. "
§ 57. In art. 107 made the following amendments:
1. In the text before item. 1 comma after the word "number" shall be deleted and the words "define" are replaced by "and addresses include all or some of these conditions."
2. In item. 1, 'all obligations relating to the provision of this service "are replaced by" requirements relating to the provision of this service and transparency requirements for tariff principles and maximum prices that can apply in the specific number range to ensure protection of consumer rights. " 3
. In item. 3, after the word "effective" add "and efficient".
4. In pt. 6 comma after the word "permit" and the words "consistent with the National Numbering Plan" are deleted.
5. Section 7 is repealed.
6. In item. 8 the word "conditions" is replaced by "opportunity and conditions" and after the words "transfer of" insert "rights."
7. In pt. 9 after the word "number" insert "and addresses".
8. Section 10 is repealed.
9. Sections 12, 13 and 13 are canceled.
§ 58. In art. 108 dash and the words "spectrum or numbers" are deleted.
§ 59. In art. 109 be made the following amendments:
1. A new paragraph. 4:
"(4) Temporary permission for each of the cases under par. 1, p. 1-3 is issued once in a year. "
2. Former para. 4 and 5 become par. 5 and 6.
third. Former para. 6 becomes para. 7 and the words "para. 4 "are replaced with" para. 5 ".
4. Former para. 7 becomes para. 8 and in her words "14 days" is replaced by "7 days".
5. Former para. 8 becomes para. 9, and the words "para. 7 "is replaced with" para. 8 ".
§ 60. In art. 110, para. 1 the words "para. 4 "are replaced with" para. 5 ".
§ 61. In art. 114 made the following amendments:
1. Paragraph 2 is amended as follows:
"(2) An undertaking which has been granted may not later than three months before the expiry of the authorization to make a reasoned request for an extension of the permit issued . The Commission shall examine the merits of the request, taking into account:
1. benefits for consumers;

2. the need to promote competition and development of new technologies; 3
. regulatory policy for the limited resource. "
2. A new paragraph. 3:
"(3) The Commission shall adopt a decision within one month of receiving the request under par. 2, while satisfying the request fits the new term of the authorization. "
Third. Former para. 3 and 4 shall become par. 4 and 5.
§ 62. In art. 115 be made the following amendments:
1. Paragraph 2 is amended as follows:
"(2) The amendments under par. 1 pt. 4 are performed after written notification of the undertaking, which may issue an opinion within 14 days of receipt of the notification. "
2. A par. 3:
"(3) Where amendments under par. 1 pt. 4 are essential, the committee held a public consultation in accordance with Art. 37 within a period not shorter than 30 days. "
§ 63. In art. 117, para. 1 created item. 5:
"5. undertaking which has been granted for use of individually assigned scarce resource - spectrum or positions in geostationary orbit, did not comply with some or all of the obligations under Art. 106 pt. 5 and has not submitted a transfer request or renting supplied for individual use spectrum under Art. 121. "
§ 64. In art. 121 made the following amendments:
1. In para. 1 the words "included in the authorization for use of individually assigned" are replaced by "included in the permit or lease individual definitions."
2. In para. 2:
a) t. 1, 2 and 3 after the word "transfer" insert "or letting"
B) the item. 4:
"4. two years have elapsed from the receipt of individually assigned scarce resource by tender or auction. "
§ 65. In art. 122 made the following amendments:
1. The previous text becomes para. 1 and the words "authorization for use of individually assigned scarce" are replaced by "permit or rental of individually assigned scarce."
2. A par. 2:
"(2) The terms and conditions for the transfer of licenses for use of individually assigned scarce resource, as well as part of the rights and corresponding obligations included in the permit or rental of individually assigned scarce resource - spectrum should not distort competition. "
§ 66. In art. 123 words "to use" is replaced by "or leased."
§ 67. In art. 124 new para. 3:
"(3) The management of radio spectrum promote harmonized its use in the European Union to ensure effective and efficient use of radio frequencies in order to create consumer benefits such as economies of scale and interoperability of services."

§ 68. In art. 129, para. 2 comma after the word "tapes" and the words "allocated for civil needs in the radio frequency bands for sharing" be deleted and the words "coordination and coherence" insert "all relevant government bodies, departments and agencies to ensure aviation safety and shipping and the protection of national security. "
§ 69. In art. 130 made the following amendments:
1. The previous text becomes para. 1.
2. Created al. 2, 3 and 4:
"(2) Limitations of rights to use radio frequencies and bands in terms of the technologies used are allowed only in cases where it is necessary to:
1. avoid harmful interference;
2. protect public health against electromagnetic fields; 3
. ensure technical quality of service;
4. ensure maximization of radio frequencies;
5. safeguard efficient use of spectrum;
6. ensure the fulfillment of general interest objectives in accordance with the principle of neutrality of services.
(3) Restriction of rights to use radio frequencies and bands in terms of the services provided shall be permitted only in order to achieve objectives of common interest, primarily relating to:
1. safety of life;
2. promotion of social, regional or territorial cohesion; 3
. the avoidance of inefficient use of radio frequencies;
4. promoting cultural and linguistic diversity and media pluralism, including by carrying out radio and television activity.
(4) Prohibition of providing other electronic communications service in a specific band may be imposed only when necessary to protect the operation of radio services related to safety of life. In exceptional cases, the scope of such a ban could be extended to other objectives of general interest determined in accordance with European Union law. "
§ 70. A Art. 130a:
"Art. 130a. The Commission shall regularly, at least once every two years, review the necessity of the restrictions referred to in Art. 130, para. 2-4, and publish the results of this review on its website. "
§ 71. Article 131 is repealed.
§ 72. In chapter seven prior art. 132 is created entitled "Division I National Numbering Plan."
§ 73. A Art. 133a:
"Art. 133a. Rules for the use, distribution and procedures for primary and secondary assignment for use, reservation and withdrawal of numbers, addresses and names shall be determined by an ordinance of the commission after public discussion of art. 36, which is published in the "Official Gazette". "

§ 74. Prior Art. 134 creates name "Section II Number portability".
§ 75. In art. 134 made the following amendments:
1. In para. 1:
a) the text before item. 1 is amended as follows: "The undertakings providing public electronic communications services using numbers from the National Numbering Plan, allow number portability, as subscribers can retain";
B) in Item. 1, 'the provider of fixed telephony "are replaced by" undertaking providing relevant ";
C) in item. 2 the words "supplier, providing" are replaced by "enterprise providing";
D) in Item. 3, 'supplier' are replaced by 'undertaking providing. "
2. Paragraph 2 is repealed. 3
. Paragraph 3 is amended as follows:
"(3) The Commission shall adopt the functional specifications for number portability under par. 1 after a public discussion of art. 36 and publishing them in the official section of the "Official Gazette". "
4. Created al. 5 and 6:
"(5) The procedure for porting of numbers is done in the shortest possible time limit specified in the functional specifications under par. 3.
(6) The period for which can be stopped providing the service a subscriber can not exceed eight hours. "
§ 76. Article 135 is repealed.
§ 77. In art. 136 is amended as follows:
1. Paragraph 1 shall be amended as follows:
"(1) The undertakings providing electronic communications networks and / or services set each other price related to the implementation of number portability as follows:
1. single price covering costs in relation to the verification of the identity of a subscriber or user and other activities related to the administration of the process of number portability;
2. interconnection charges in connection with the change now under Art. 134, para. 1 in compliance with the principle of cost orientation. "
2. Paragraph 2 is repealed.
§ 78. A Art. 136a:
"Art. 136a. Where there are prices for end users to number portability, enterprises under Art. 134, para. 1 set these prices in a way that does not hamper the change of the undertaking providing the service. "
§ 79. Article 137 is repealed.
§ 80. Article 138 is repealed.
§ 81. In chapter seven is created Section III "Access to numbers and services" with art. 138a, 138b and 138c:
"Section III
Access to numbers and services
Art. 138a. An undertaking which has been granted permission to use a range of numbers from the National Numbering Plan, there is no right to set unequal conditions to other undertakings providing electronic communications services in relation to access to their services through numbers from this range.

Art. 138b. Undertakings providing electronic communications services and providing opportunity to make outgoing calls to numbers from the National Numbering Plan, provide free access of end users to the single European emergency number 112 and to national emergency numbers.
Art. 138c. (1) The undertakings providing public electronic communications services, where technically and economically feasible, provide end-users to:
1. access to non-geographic numbers and use of services provided by these numbers within the European Union;
2. access all numbers provided in the European Union, regardless of the of enterprise technology and devices, including numbers from the national numbering plans of Member States and those from the European Telephone Numbering Space and Universal International Freephone number to access services free access.
(2) If the caller has restricted access to their subscriber number for calls from certain geographical areas for commercial reasons, para. 1 does not apply.
(3) The Commission may require undertakings providing public communications networks and / or services to block each case access to numbers or services where this is justified due to fraud or misuse and to require that in such cases undertakings providing electronic communications services to deduct the related revenues from interconnection and / or other services.
(4) If the number of para. 3 of the numbering plan of another Member - State of the Union, or number of European Telephone Numbering Space, or universal international telephone number to access services with free access granted to an undertaking providing public electronic communications services in this country State committee interacts with the regulatory authorities of that Member State to take action under par. 3.
(5) The Commission may take action under par. 3 and justified request of regulatory or other governmental authority of a Member - State of the Union. "
§ 82. In art. 143 make the following additions:
1. In para. 1 after the words "fees for use of individually assigned scarce resource -" insert "numbers" and a comma.
2. In para. 3 are created item. 12 and 13:
"12. level of resource constraints - numbers;
13. economic value of the numbers of certain ranges based on pre-determined by the Commission publicly announced criteria. "
§ 83. Article 144 is repealed.
§ 84. In art. 145 is amended as follows:

1. In para. 1, 'and art. 144 "are deleted.
2. In para. 2 words "and 144" are deleted.
§ 85. In art. 148, para. 2 pt. 3, after the words "individually assigned" insert "scarce resource - numbers."
§ 86. In art. 150 be made the following amendments:
1. In para. 1 the word "change" is replaced by "amended".
2. In para. 3, first sentence the words "and adopt" shall be deleted and in the second sentence after the word "accepted" is added "the Committee".
§ 87. In art. 151 made the following amendments:
1. In para. 1 the words "every two years" shall be deleted after the word "analyze" the conjunction "and" is replaced with a comma after the word "determined" is added "and evaluate".
2. Paragraph 2 is amended as follows:
"(2) The draft decision of the Commission determining the relevant market analysis and the assessment of whether there is effective competition, including the establishment of an undertaking or undertakings with significant impact on the market and the specific obligations that should be imposed, maintained, amended and / or repealed, provided if necessary the Commission for protection of competition for an opinion and published for public comment on commission on the internet for a period not shorter than 30 days. Commission competition ruling within 30 days from receipt of the draft. "
Third. Paragraph 4 is repealed.
4. Paragraph 5 shall be amended as follows:
"(5) Upon completion of the procedure under par. 2 and 3, the committee agreed the draft decision under Art. 42. "
§ 88. In art. 152 made the following amendments:
1. Paragraph 1 shall be amended as follows:
"(1) The Commission defined the relevant markets in accordance with European Union law and national regulations."
2. Paragraph 2 is amended as follows:
"(2) The Commission defined the product and geographic scope of the relevant markets according to the methods of art. 150, para. 2. "
third. Paragraphs 3 and 4 shall be repealed.
4. In para. 5:
a) the text before item. 1 is amended as follows: "In determining the relevant market other than those specified in the relevant act of the European Commission, the Commission shall be guided by the principles of competition law and examines whether the item in. 1 2 and 3 criteria are satisfied: ';
B) in Item. 1 initially added "presence of".
5. A par. 6:
"(6) The Commission can not carry out an analysis of the relevant market referred to in the relevant act of the European Union, where it finds that at least one of the criteria under par. 5 is not fulfilled. "
§ 89. In art. 155 create par. 3 and 4:
"(3) In case that were imposed specific obligations on undertakings providing conditional access to digital radio and television programs, they may be amended or repealed, as based on the market analysis is found that there is effective competition only if:

1. end-users to radio and television broadcasting channels and services specified as mandatory distribution will not be adversely affected by the revocation or amendment of obligations;
2. will not be adversely affected prospects for effective competition in the markets for:
a) digital TV broadcasting and retail services;
B) conditional access systems and other related programming or technical means.
(4) The parties concerned by amendment or withdrawal of obligations under par. 3 receive notice sufficient time for the upcoming amendment or cancellation of obligations. "
§ 90. In art. 156 made the following amendments:
1. Paragraph 1 shall be amended as follows:
"(1) Where based on an analysis of the relevant market is established that there is no effective competition, the commission determined companies which alone or jointly have a significant impact on the relevant market and impose on that undertaking or undertakings specific obligations. "
2. In para. 2 'or change them "are replaced by" and amend them where necessary. " 3
. Paragraphs 3 and 4 shall be repealed.
4. Created al. 5, 6 and 7:
"(5) The Commission may determine that two or more undertakings have joint significant market power, even in the absence of structural or other links between them, they operate in a market that is characterized a lack of effective competition and in which no single undertaking has significant market power.
(6) If the enterprise has a significant impact on the market, it can be defined as an undertaking with significant impact on another closely related relevant market when based on market analysis found that the links between the two markets allow market impact of enterprise on one market should be extended to cover other market, strengthening its market power.
(7) In the cases under par. 6 Commission may impose on specific obligations under Art. 166, para. 2 pt. 1, 2, 3 and 5 and the second market aimed at preventing transfer market impact on the market, and where such specific commitments are not sufficient to impose obligations pursuant to Art. 221, para. 3. "
§ 91. A Art. 156a:
"Art. 156a. When designating an undertaking as having significant impact on the relevant market, as well as in determining the holding joint significant impact on the relevant market, the Commission takes into account the criteria set out in the methodology of art. 150, para. 2. "
§ 92. In art. 157 in the text before item. 1 the word "change" is replaced by "changed".
§ 93. In Chapter Nine create art. 157a and 157b:

"Art. 157a. (1) The Commission shall determine, analyze and evaluate relevant markets and impose, maintain, amend or withdraw specific obligations on undertakings with significant impact on the relevant markets within:
1. three years to establish specific obligations of the undertaking or undertakings with significant same relevant market; the deadline may be extended by up to three years following a reasoned proposal for the extension of the commission to the European Commission if within one month from receipt of the European Commission has not objected;
2. two years of the amendment of the act to the European Commission, which defines the relevant markets, which until now have not been determined by the European Commission subject to ex ante regulation.
(2) If the committee has not completed the analysis of the relevant market in terms of para. 1, it may request assistance from the Body of European Regulators for Electronic Communications to complete the analysis of the relevant market and to determine the specific obligations to be imposed. In this case, the Commission shall provide the European Commission's draft decision within six months of the request for assistance in accordance with the procedure under Art. 42.
Art. 157b. In the event of cross-border markets established by a decision of the European Commission, the Commission and the national regulatory authorities undertake a market analysis in accordance with the applicable act of the European Commission shall decide on the imposition, extension, amendment or withdrawal of specific obligations. "|| | § 94. In art. 159 made the following amendments:
1. A new paragraph. 2:
"(2) Companies provide access and / or interconnection in compliance with requirements imposed by the commission obligations where they are set."
2. Former para. 2 becomes para. 3.
§ 95. Article 160 is amended as follows:
"Art. 160. (1) To achieve the objectives of art. 4 and observing the principles of art. 5 Commission encourages and where necessary impose on undertakings providing electronic communications networks and / or services, obligations of access and / or interconnection and interoperability of services, with a view to promoting efficiency, sustainable competition, efficient investment and innovation, and provide maximum benefit to end users.
(2) The Commission also obligations that may impose on an undertaking with significant market power under Chapter Nine, can in relation to par. 1 to impose obligations such as:

1. to the extent necessary to ensure the connection end-to-end enterprise control access to end users, including in justified cases the obligation to interconnect their networks, if this is not done;
2. in justified cases and to the extent necessary obligations on undertakings that control access to end-users to make their services interoperable; 3
. to the extent necessary to ensure that end-users to specified digital radio and television broadcasting services to undertakings providing electronic communications networks to provide access to application program interfaces or access to electronic program guides on fair, objective and non-discriminatory conditions. "
§ 96. Article 163 is amended as follows:
" Art. 163. The Commission may, on its own initiative where justified in order to achieve the objectives of art. 4 to intervene on issues of access and / or interconnection in accordance with the principles of art. 5 and requirements of this law. "
§ 97. In art. 165 finally put a comma and added "without submit notification to the Commission, if it is not providing services and support networks in the country."
§ 98. In Chapter Ten, the name of Section II the word "Terms" is replaced by "specific obligations".
§ 99. In art. 166 be made the following amendments:
1. A new paragraph. 3:
"(3) To achieve the objectives of art. 4 committee in exceptional cases to impose functional separation and other obligations of access and / or interconnection than those provided in par. 2, after receiving approval from the European Commission. "
2. Former para. 3 becomes para. 4.
§ 100. In art. 167 be made the following amendments:
1. In para. 1, 'including prices "are replaced by" prices, conditions limiting access to and / or use of services and applications. "
2. In para. 3:
a) t. 1, letter "c" words "including sole or shared access to the local loop "shall be deleted;
B) in Item. 2:
aa) in letter "a" after the words "collocation" insert "planned change";
Bb) letter "c" is repealed;
C) in item. 3 letter "a" after the words "provision of services" is added "terms of service, terms and" after the words "troubleshooting" is added "level agreements quality services "and a comma;
D) are created pt. 4 and 5:
"4. conditions for access to operational support systems, and to information systems or databases for pre-ordering, provisioning, ordering, maintenance, repair requests and billing;
5. conditions for unbundled access to the local loop:
a) network elements to which access is offered:

Aa) and shared unbundled access to the local loop, including private access to the inactive subscriber line;
Bb) and shared unbundled access to part of the local loop, including private access to the part of inactive subscriber line;
Cc) access to non-active network elements for the purpose of transport (backhaul), where applicable;
Dd) conditions for access to underground duct network with a view to building access networks, where applicable;
B) information on the location of physical access network, including cabinets and distribution frames, availability of local loops, parts of subscriber lines and means of transport (backhaul) in certain parts of the network to which access, and, where applicable, location and available space in the channel network;
C) technical conditions relating to access to and use of local loops, parts of local loops, including the technical characteristics of the twisted pair, fiber optic and other similar elements, cable distributors, and associated facilities and, where applicable, technical conditions relating to access to channel network;
D) terms and conditions for ordering, procedures for granting and usage restrictions. "
Third. Paragraph 6 is amended as follows:
"(6) the Commission imposed on the undertaking providing public electronic communications networks, which is an obligation under Art. 166, para. 2 pt. 4, in providing wholesale access to network infrastructure, including unbundled access to the local loop, to publish a reference offer, including at least the terms under par. 3 pt. 3, letters "a", "b" and "d" pt. 4 and 5. "
§ 101. In art. 168 words "connects its various networks" are replaced by "providing its own services" and the words "and companies are already contracted" are replaced by "or business partners."
§ 102. In art. 170 is amended as follows:
1. In para. 1 after the words "based on costs" conjunction "and" is replaced by "when".
2. Paragraph 3 is amended as follows:
"(3) In imposing the obligation under par. 1 The Commission takes note made by the undertaking providing public electronic communications network investments, including in next generation networks at an acceptable level of return on capital employed, taking into account the risks specific to a particular new investment network project. "
§ 103. In art. 171 par. 1 and 2 shall be amended as follows:

"(1) Where an undertaking providing public electronic communications networks is subject to the obligation of cost orientation in implementing developed its system for determining costs now shows that prices defined by him arising from costs including a reasonable return on investment.
(2) For the purpose of calculating the cost of efficient provision of services, the Commission may use methods of cost accounting methods independent of those used by the enterprise. "
§ 104. In art. 172 par. 1 is amended as follows:
"(1) Enterprise, which has an obligation to develop and implement a system for determining the costs, providing public access to its description, which contains at least the main categories under which costs are grouped and the rules for their distribution. "
§ 105. In chapter ten, section II to create art. 172a - 172E:
"Art. 172a. (1) The Commission may impose an obligation on vertically integrated undertaking with significant impact on the relevant market to departments alone going concern activities related to the provision of services for wholesale access.
(2) The Commission may impose an obligation under par. 1, where it finds that obligations imposed under Art. 166, para. 1 and 2, have failed to achieve effective competition and that there are important and persisting competition problems and / or distortion of the relevant markets for wholesale access.
(3) The obligation under par. 1 shall be imposed proportionate to the problem in accordance with the purposes of art. 4 as an exceptional measure.
(4) a separate undertaking under par. 1 provides services for wholesale access to all businesses, including related entities, under the same terms and conditions, including prices and deadlines.
(5) The Commission imposes the obligation under par. 1 after public discussion under Art. 36 and after authorization by the European Commission.
Art. 172b. (1) Where the Commission intends to impose an obligation under Art. 172a para. 1 for functional separation, it shall submit to the European Commission decision, which includes a draft measure, accompanied by:
1. evidence to support the conclusion that the obligations imposed under Art. 166 failed to achieve effective competition;
2. a reasoned assessment that there is or is not expected effective and sustainable competition based on infrastructure;
3
. analysis of the expected impact on the commission on enterprise, which imposes an obligation on workforce involved in the space enterprise, other stakeholders, on incentives to invest in the sector, especially in view of the need to ensure social and territorial development on competition as well as potential effects on consumers;
4. analysis of the reasons justifying that this obligation would be the most effective means to address the competition problems in the relevant market.
(2) The draft decision under Art. 172a para. 1 includes:
1. description of the measure specifying the level of separation and the legal form of a separate entity;
2. a description of the assets of the enterprise and networks and / or services to be rendered by him; 3
. management rules that guarantee the independence of individual enterprise, including the independence of the staff employed and independence in decision-making;
4. down specific obligations for your enterprise, including requirements for their implementation;
5. rules to enable monitoring of fulfillment of certain obligations, including requirements to individual enterprise for preparing and publishing the annual report.
Art. 172c. (1) The positive decision of the European Commission's draft decision under Art. 172b commission carried out under Art. 151 coordinated analysis and assessment of the markets on which the development of the access network impact.
(2) Based on the analysis and evaluation under par. 1 Commission impose, maintain, amend or withdraw specific obligations in accordance with Art. 42.
Art. 172g. The Commission may impose on the company an obligation for functional separation all or some of the obligations under Art. 166, para. 1 and 2 of the relevant market for which it is defined as an enterprise with significant influence on it.
Art. 172d. (1) Where an undertaking with significant impact on one or several relevant markets intends to transfer all or part of the assets of its network for subscriber access to an unrelated legal entity, or to create a separate legal entity for providing access under equivalent conditions all companies providing retail services, including its branches for retail sale, it shall inform the Commission about three months in advance.
(2) The Company under par. 1 inform the Commission about the final result, as well as any change in its intentions.

Art. 172E. (1) The Commission assessed the impact of the transfer of assets from the network for subscriber access, and conduct a coordinated analysis of the different markets related to the network for subscriber access under Art. 151.
(2) Based on the analysis and evaluation under par. 1 Commission impose, maintain, amend or withdraw obligations imposed under this Act, an entity art. 172d, para. 1.
(3) The Commission may impose on the undertaking which has acquired assets from network to subscriber access, all or some of the obligations under Art. 166, para. 1 and 2 of the relevant market for which it is defined as an enterprise with significant influence on it. "
§ 106. In chapter ten, in the name of the Section III of the word" means "is replaced by" elements ".
§ 107. In art. 173 word "means" is replaced by "facilities".
§ 108. In art. 174, para. 1 made the following amendments:
1. Point 1 is amended as follows:
"1. provide third party access to specific network elements and / or facilities, including inactive network elements in order, but is not limited to the provision of unbundled access to the local loop, provision of access to provide the service "carrier selection" for each call and / or subscription basis, as well as providing access for the provision of "letting of local leased lines wholesale; '.
2. In pt. 6 after the word "use" the comma is deleted and the words "including in terms of channels, towers, buildings and other facilities and technical resources" are replaced by "associated facilities". 3
. In pt. 9 the word "means" is replaced by "facilities".
4. A p. 10:
"10. providing access to related services. "
§ 109. In art. 175 is amended as follows:
1. The text before item. 1 is amended as follows: "The Commission imposes the obligation under Art. 173 to achieve the objectives of art. 4, following the principle of proportionality and taking into account: ".
2. In item. 1 the word "vehicles" is replaced by "facilities". 3
. Points 3 and 4 are amended as follows:
"3. made an initial investment by the facility owner, taking account of any public investment made and the risks involved;
4. safeguard competition in the long term and particularly cost-effective competition in terms of infrastructure, ".
§ 110. A Art. 175a:
"Art. 175a. (1) When imposing the obligation under Art. 173 can put technical or operational conditions to the undertaking providing access and / or now enjoying access where necessary to ensure normal operation of the network.

(2) If the conditions under par. 1 include compliance with technical standards and / or standardization documents, the obligations are in accordance with the requirements of Chapter XVI, Section II. "
§ 111. Article 176 is repealed.
§ 112. Article 177 is repealed.
§ 113. In art. 182 be made the following amendments:
1. In para. 2:
a) t. 1, 'the public telephone network and access to publicly available telephone services "shall be replaced with" public electronic communications network ";
B) a new item. 2:
"2. provision of telephone services by linking under p. 1 that allows realization of incoming and outgoing national and international calls; "
c) the previous item. 2 becomes item. 3 and in it the words" public payphones "is added "and / or other points of public access to voice telephony services";
D) the previous item. 3 becomes pt. 4;
E) the previous item. 4 becomes item. 5 and it finally added "and / or other points of public access to voice telephony;"
e) the previous item. 5 is repealed.
2. In para. 3, 'Quality of service under par. 1 is determined by the requirements and parameters set "are replaced by" The terms and conditions of service under par. 1 are determined. "
§ 114. In art. 183 is amended as follows:
1. In para. 1 the words "public telephone network and access to publicly available telephone services" shall be replaced with "public electronic communications network."
2. Paragraph 2 is amended as follows:
"(2) Connection under par. 1 allows maintenance of voice, facsimile and data transfer rates that permit functional Internet access, taking into account prevailing technologies used by the majority of subscribers and technological feasibility. "
§ 115. A is art. 183:
"Art. 183a. The undertakings obliged to provide the service under Art. 182, para. 2 pt. 2 satisfy any legitimate request to provide public telephone service by connecting of art. 182, para. 2 pt. 1, which allows for national and international incoming and outgoing calls. "
§ 116. In art. 184, para. 1 made the following amendments:
1. In the text before item. 1, 't. 2 "are replaced by" item. 3 '.
2. In item. 1 after the words "public telephones" insert "and / or other points of public access to voice telephony services" and the word "needs" is replaced by "reasonable needs". 3
. In item. 2 the word "public" is replaced by "public".
§ 117. In art. 185, para. 1, 't. 3 "are replaced by" item. 4 "and the words" at least one "add" public ".
§ 118. In art. 186 words "item. 3 and 4 "are replaced by" item. 4 and 5 "and the words" and reciprocity "are deleted.
§ 119. In art. 187 made the following amendments:
1. Paragraph 1 shall be amended as follows:

"(1) The undertakings obliged to provide universal service, take specific measures to ensure that people with disabilities have access to and affordability of services under Art. 182, para. 2 pt. 2 - 4. "
2. In para. 2 the word "offer" is replaced by "provide" and the words "visual or hearing" be replaced with "disabled". 3
. A new paragraph. 3:
"(3) The undertakings under paragraph. 1 provide end-users with disabilities to monitor and control their costs by means similar to those enjoyed by other end-users. "
4. Former para. 3 becomes para. 4 and in it the words "public telephones" insert "and other points of public access to voice telephony services."
5. Former para. 4 becomes para. 5.
6. A par. 6:
"(6) The Commission may, in justified cases to determine the applicable additional standards for quality of service for which they have developed parameters for assessing the performance of undertakings in the provision of services to disabled end-users."
§ 120. In art. 188 be made the following amendments:
1. In para. 1, 'methods to assess coverage, retail prices, revenues and costs of providing the service, number of requests and refusals, including the reasons for them "are replaced by" service specified in the ordinance under Art. 182, para. 3 '.
2. Paragraph 2 is amended as follows:
"(2) The Commission may specify the content, form and manner to provide information under par. 1 to ensure that end users have access to comprehensive, comparable and easily accessible information. "
Third. A new paragraph. 3:
"(3) The Commission sets target values ​​of quality parameters of universal service to implement undertakings with obligations to provide universal service after a public consultation under Art. 37. "
4. Former para. 3 becomes para. 4 and it finally added "to ensure the accuracy and comparability of data provided by undertakings with obligations regarding universal service."
§ 121. In art. 190 after the words "Art. 182, para. 2 "is added" the whole or any part of the country. "
§ 122. A Art. 191a:
"Art. 191a. When an entity under Art. 190 intends to transfer a substantial part or all of its assets related to the network for subscriber access to legal entity under different ownership, it must first and promptly inform the Commission to enable it to evaluate the effect of the intended transaction on the provision of universal service Art. 182, para. 2 pt. 1 and 2. "
§ 123. Article 192 is amended as follows:

"Art. 192. The Commission may decide not to impose the obligations under Art. 184, para. 1 in all or part of the country, after consultation with interested parties in accordance with Art. 37 establishes that such equipment, vehicles and similar services are widespread. "
§ 124. In art. 194 finally added "and subsequent amendments thereto."
§ 125. In Chapter Eleven, Section IV creates art. 194a:
"Art. 194a. The Commission shall monitor the level of prices and price packages for retail services under Art. 182, para. 2 when they operate on the basis of an obligation or released under market conditions if they are not designated undertakings with obligations to provide these services, in particular in relation to consumer prices and income. "
§ 126 . In art. 196, para. 4 finally added "on its website, in a visible place in their outlets or by other appropriate means."
§ 127. Article 197 is amended as follows:
"Art. 197. (1) The Commission may impose on undertakings providing universal service to offer to end users, particularly people with disabilities, with special social needs and low-income price packages other than those offered under normal commercial terms.
(2) The Commission may impose on undertakings providing universal service to apply special price packages accessible prices, geographically averaged retail prices for the whole country or to comply with price restrictions under the methodology of art. 195.
(3) Undertakings obligations under par. 1 and 2, the principles of transparency and equality in the provision of services.
(4) The Commission may amend or withdraw obligations under par. 1 and 2. "
§ 128. In art. 198 made the following amendments:
1. Paragraph 1 shall be amended as follows:
"(1) The undertakings obliged to provide universal service, providing end users to monitor and control their costs and avoid unwarranted disconnection of service through:
1. providing free itemized bills;
2. Selective restriction on outgoing calls, SMS and MMS value-added and where technically feasible, other similar applications; 3
. providing opportunities for prepaid access to public communications network and use of public telephone services;
4. allowing deferred payment of fees for connecting to public networks;

5. notice of possible subsequent cessation of service on or off for non-payment of bills; any suspension shall be limited to the service when it is technically possible, except in cases of fraud, persistent late payment or non-payment of bills; within one month prior to the exclusion only calls that do not charge the subscriber;
6. providing information on alternative tariffs with lower prices for the service, if any;
7. Free warnings in the event of unusual traffic or excessive consumption. "
2. In para. 3, after the words "under par. 1 "is added" or repeal them if they already have been imposed "and the words" there are sufficient opportunities to monitor and control costs from end users 'are replaced by' the relevant options are widely available. "
§ 129. In art. 200 is amended as follows:
1. In para. 1 the word "required" is replaced by "certain".
2. In para. 2 words "ordinary business profit" are replaced by "reasonable profit margin".
§ 130. In art. 201 is amended as follows:
1. In para. 2 words "determine the amount of" are replaced by "calculated".
2. Paragraphs 3 and 4 shall be repealed.
§ 131. In art. 202, para. 1 second sentence is amended as follows: "Means to offset the net cost of universal service be raised from undertakings providing public telephone services, and other sources."
§ 132. A Art. 205a:
"Art. 205a. Compensation of net costs are undertaken in an objective, transparent, proportionate and non-discriminatory, without distorting competition and consumer demand. "
§ 133. In art. 206 new para. 5:
"(5) Contributions under par. 1 are not due from businesses that do not provide public telephone services in the country. "
§ 134. In art. 207 made the following amendments:
1. Paragraphs 2, 3 and 4 are amended as follows:
"(2) The Commission examined the calculations and evidence concerning the compensation required. The Commission may request additional information and / or evidence of businesses.
(3) The Commission assigned the audit of the accounts and / or other information serving as a basis for calculating the net cost of universal service obligations.
(4) Payment of audit under par. 3 at the expense of the audited entity, such expenditure shall be included in calculating the net cost. "
2. Created al. 5, 6 and 7:
"(5) The results of the calculation of net costs and the findings of the audit are made public.
(6) Within 45 days of completion of the audit committee shall give its opinion on:
1. the existence of an unfair burden on the undertaking under Art. 206 of the universal service;

2. amount requested by the respective applicant compensation.
(7) an opinion under par. 6 The Commission may have carried out additional surveys and investigations. "
§ 135. created art. 207A and 207b:
"Art. 207A. Where the opinion of art. 207, para. 6 confirm the existence of an unfair burden, the Commission requires the undertakings under Art. 206, para. 1 data on their gross revenues.
Art. 207b. Submit to the Board the opinion of art. 207, para. 6 and notes, as well as data on gross revenues of enterprises under Art. 206, para. 1. "
§ 136. In art. 208, para. 1 the words "under Art. 207, para. 4 "are replaced by" Art. 207b. "
§ 137. Chapter Twelve of art. 209-212 is repealed.
§ 138. Article 217 is amended as follows:
"Art. 217. (1) The Commission may regulate prices of electronic communications services where a decision taken under this law imposed an obligation on an undertaking with significant impact on the relevant market price restrictions and / or cost orientation.
(2) In the event that this law provides that undertakings providing electronic communications networks and / or services set prices in accordance with the principle of cost orientation or covering costs and if they do not fix prices among themselves, they are determined by commission. Businesses submit to the Commission proposals to set their prices along with documents on their pricing. If the prices submitted by the enterprises do not meet the requirements of this Act, the Commission returned the charges for processing within one month. If the deadline under the preceding sentence businesses do not revise prices or prove their conformity with the law, the commission imposed price restrictions on one of the following methods:
1. limit price increases to predetermined price threshold;
2. comparative analysis between designated by enterprises prices and prices for similar service implemented in the Member - States of the European Union. "
§ 139. In art. 219 be made the following amendments:
1. In para. 1 the words "Art. 217 "are replaced by" Art. 217, para. 1 "and the words" providing public electronic communications networks and / or services "shall then be deleted.
2. A new paragraph. 2:
"(2) Enterprises of art. 217, para. 1 present prices of temporary promotional packages including regulated electronic communications services in committee two weeks before their publication along with documents on their pricing. "
Third. Former para. 2 becomes para. 3 and the words "or the specified requirements in the law" shall be deleted.
4. Former para. 3 becomes para. 4.
5. Former para. 4 becomes para. 5 and in it the words "par. 3 "insert" or 4 ".
6. Former para. 5 becomes para. 6 and in it:

A) in the text before item. 1 the words "Art. 217 pt. 1 "is replaced with" Art. 217, para. 1 ';
B) the item. 5:
"5. not to create a price squeeze. "
7. Former para. 6 is repealed.
§ 140. In art. 220, para. 2 made the following amendments:
1. In the text before item. 1 the words "any of the following" shall be deleted and finally put a comma and added "like".
2. A pt. 4:
"4. determining wholesale prices based on the prices of services provided to vertically related retail market, reduced costs inherent in the realization of services in the retail market. "
§ 141. In art. 221 is amended as follows:
1. In para. 1, 'and art. 135 "are deleted.
2. In para. 2 words "item. 1, 2 and 5 "are replaced by" item. 1, 2, 3 and 5 ". 3
. In para. 3:
a) in the text before item. 1 the word "order" is replaced by "objective" and words "in the framework of the obligations under par. 2 "are deleted;
B) Section 2 is amended as follows:
"2. control of individual tariffs; ".
4. In para. 4:
a) the text before item. 1 is amended as follows: "The obligations imposed under par. 3 are proportionate, justified and based on the nature of the problem, and may include requirements for businesses under par. 1 ";
B) in Item. 1 and 2 the word "require" is replaced with "not necessary";
C) in item. 3 the word "introduced" is replaced by "not to introduce"
D) in Item. 4 the word "apply" is replaced with "not applicable".
5. Paragraphs 5 and 6 are canceled.
§ 142. In art. 222, para. 1 the words "Art. 217 pt. 1 "is replaced with" Art. 217, para. 1 ".
§ 143. Article 223 is repealed.
§ 144. In Chapter Thirteen creating art. 224a:
"Art. 224a. Undertakings providing public telephone services, which include the feasibility of international calls, set prices of calls to and from the European Telephone Numbering Space in an amount not higher than the average price of international calls to and from the Member - States of the European Union applied by the same undertaking. "
§ 145. Article 225 is amended as follows:
" Art. 225. The undertakings providing public electronic communications networks and / or services to end users, the principles of transparency and equality according to the type of technology used, the categories of subscribers, traffic volume and method of payment and advantages to individual end users or group of users at the same service. "
§ 146. In art. 226 be made the following amendments:
1. In para. 1 after the word "providing" insert "connected to" and the word "telephone" is replaced by "electronic communications networks and / or publicly available electronic communications".
2. Paragraph 2 is repealed. 3
. Created al. 4, 5 and 6:
"(4) The undertakings providing electronic communications services, offering customers the opportunity to contract with an initial period not exceeding two years.

(5) The undertakings providing electronic communications services, offering customers the opportunity to enter into a contract with a term of one year.
(6) Notwithstanding the term of the contract, conditions and procedures for termination of contract between undertakings providing electronic communications services and their subscribers are not an obstacle to change now providing services. "
§ 147. In Art . 227 be made the following amendments:
1. In para. 1:
a) in the text before item. 1 the word "mandatory" is deleted and finally added "at least";
B) in Item. 1 comma and the words "providing electronic communications services" shall be deleted;
C) point 3 is amended as follows:
"3. species description and quality of services including:
a) information on whether providing access to emergency services and location information of the caller end user as well as the existence of restrictions on the provision of emergency services ;
B) information about other conditions limiting access to and / or use of services and applications;
C) a minimum level of quality of services in time for the initial connection and, where appropriate, other parameters of quality of service set by the Commission under Art. 236a;
D) information on procedures introduced by companies to measure and manage traffic so as to avoid overloading the individual network links, and information on how those procedures could impact on service quality;
E) support services and services for customer service, as well as ways to access these services;
E) limitations imposed by the undertaking on the use of electronic communication devices; "
d) pt. 4 words" payment rates "are replaced by" payment ";
E) Section 5 shall be repealed;
E) point 8 is amended as follows:
"8. ways to obtain updated information on prices of services, all applicable tariffs and maintenance charges, payment methods offered and any differences in costs associated with the various payment methods; "
g) pt. 9, after the words" ways to "add" extra-judicial ";
H) are created so. 12-17:
"12. arrangements for termination by the subscriber;
13. modalities for negotiating, fixing the amount and payment of compensation and the refund applicable to contracted levels of service quality;

14. modalities for negotiating, fixing the amount and payment of benefits, including penalties payable by a subscriber, if now completed the porting without the consent of the subscriber and / or in violation of established procedures for the implementation of number portability ;
15. the possibilities and conditions for the inclusion of necessary basic and additional data for the subscriber in the telephone directory under Art. 182, para. 1 pt. 4 and made available to companies that produce and publish telephone directories and / or provide inquiry services;
16. actions that the entity would take in threat or in response to incidents related to the security or integrity of the network;
17. information relating to the use of electronic communications networks and services to engage in unlawful activities or to disseminate harmful content and the means of protection against risks to personal security, privacy and personal data in conjunction with information provided by the enterprise service. "| || 2. In para. 2:
a) in item. 1 after the words "communications network" insert "and / or its information systems";
B) a new item. 3:
"3. maintenance services to monitor and control costs from the subscriber when these are agreed or such obligation was imposed pursuant to Art. 237A, including notice before they reach a certain financial limit consumption; "
c) the previous item. 3 becomes pt. 4 and in her words" in writing "shall be deleted;
D) the previous items. 4, 5, 6 and 7 become items. 5, 6, 7 and 8;
E) the item. 9:
"9. Notification of end users not later than one month after expiry of individual contracts with them. "
third. Created al. 4 and 5:
"(4) The conditions under par. 1 and 2 should be drawn from businesses a clear, comprehensive and easily accessible to subscribers form.
(5) The Commission may issue binding instructions to undertakings providing electronic communications services on compliance with par. 4. "
§ 148. In art. 228 made the following amendments:
1. The previous text becomes para. 1 and in it:
a) in the text before item. 1 the word "telephone" is replaced with "electronic communications";
B) point 4 is amended as follows:
"4. term of the contract and conditions for renewal and termination of services and of the contract, including:
a) requirements for minimum usage or duration required to benefit from promotional terms;
B) charges related to the portability of numbers and other identifiers;
C) penalties and damages associated with the termination of the contract, including cost recovery with respect to electronic communications terminal equipment;

D) termination of contract by the subscriber with one month's notice; "
c) section 6 is repealed.
2. Created al. 2-6:
"(2) The terms under par. 1 should be drafted clearly, comprehensively and in an easily accessible form for subscribers.
(3) The individual contract general terms and conditions shall enter into force seven days after its conclusion, unless the customer explicitly stated in writing request the treaty to enter into force immediately.
(4) lack of a stated desire subscriber under par. 3 immediate entry into force of the contract can not be grounds now refuse contract. An exception to this requirement is allowed in cases where a signing is provided and terminals.
(5) Within the period under par. 3, where applicable, the subscriber has the right to unilaterally terminate the contract without penalties.
(6) The Commission may issue binding instructions to undertakings providing electronic communications services on compliance with par. 1 and 2. "
§ 149. In art. 229 be made the following amendments:
1. The previous text becomes para. 1 and in it:
a) in the text before item. 1, 'unless the information under Art. 228 "shall be replaced with" terms of art. 227, para. 1 and 2 and Art. 228 which should be drawn clearly understandable and in an easily accessible form for subscribers. "
B) points 1-4 are canceled.
2. A par. 2:
"(2) The Commission may issue binding instructions to undertakings providing electronic communications services on compliance with par. 1. "
§ 150. A Art. 229a:
"Art. 229a. (1) A fixed-term contract can be extended only with the express written consent of the subscriber on conditions to continue. In the absence of such consent after expiry of the contract he converted into unlimited under the same conditions. The subscriber is entitled to terminate the open-ended contract with one month's notice, without penalties for this.
(2) are automatically void all reservations that are contrary to par. 1. "
§ 151. In art. 230 made the following amendments:
1. Paragraphs 2 and 3 are amended as follows:
"(2) When changing general conditions not later than 30 days before their entry into force now notify subscribers of changes appropriately.
(3) Each subscriber for changing general conditions at the initiative of the enterprise has the right to terminate the individual contract without penalty within one month of their entry into force. The preceding sentence shall not apply when changes do not affect the services used by the subscriber. "
2. A par. 4:
"(4) The Commission may specify the manner and form of notice under par. 2. "
§ 152. Article 231 is repealed.
§ 153. created art. 231A - 231g:

"Art. 231A. (1) The undertakings providing public electronic communications networks and / or services are required to publish on its website, in a visible place in their outlets and by other appropriate means transparent, comparable, relevant and updated information at least:
1. general conditions of contract with end users, as applicable;
2. name, address and telephone number now; 3
. Services offered:
a) the type of services;
B) standard tariffs, including the services provided and the content of each tariff element, as a fee for access, user fees, maintenance fees; standard discounts applied, special and targeted tariff schemes, additional fees and expenses in connection with electronic communication devices;
C) policies for compensation and reimbursement of expenses, including a detailed description of the offered compensation schemes and cost recovery;
D) offered kinds of support services;
E) standard contract conditions, including minimum contract duration, contract termination and procedures and charges related to the portability of numbers and other identifiers, if applicable;
4. procedures for settling disputes, including those developed by enterprises;
5. Information on the rights of end users as regards universal service, including where necessary devices and services in conjunction with Art. 198, para. 1, Art. 257 and Art. 134, para. 1.
(2) The information under par. 1 shall be published in a clear, understandable and easily accessible form.
(3) The Commission may determine additional requirements regarding the form in which the information is published under par. 1.
Art. 231b. (1) The Commission alone or through award ensures the provision of interactive guides or similar means, when the market does not offer such free or at a reasonable price, enabling end-users to make an independent assessment of the value of alternative schemes offering.
(2) Where the Commission has commissioned the provision of interactive guides or similar means under par. 1, the contractor is entitled to free information published by undertakings providing electronic communications networks and / or services.
Art. 231B. (1) The Commission may impose on undertakings providing electronic communications networks and / or services to publish on its website and notifying appropriately subscribers to:

1. applicable tariffs to subscribers regarding any number or service subject to particular pricing conditions; in respect of certain categories of services, the Commission may require the information to be provided immediately prior to the call;
2. changes in access to the subscriber emergency services or location information of the caller in connection with the service to which they have subscribed; 3
. changes in conditions which restrict access to the subscriber and / or use of services and applications where such conditions are allowed under national law;
4. procedures established by the enterprise to measure and control traffic so as to avoid overloading the individual network links, and information on how those procedures could impact on service quality;
5. the rights of subscribers to determine whether to include or not personal data in the phone book and other additional data in accordance with Art. 258;
6. products and services for disabled subscribers.
(2) To achieve the objectives of art. 4 before imposing the notification obligations appropriately to subscribers under par. 1, the Commission may encourage self-regulatory measures or co-regulation, negotiated between the companies.
Art. 231g. (1) The Commission may require undertakings providing electronic communications networks and / or services to distribute free information in the public interest to existing and new subscribers as:
1. the most common uses of electronic communications services to engage in unlawful activities or to disseminate harmful content, particularly where it may prejudice the rights and freedoms of others, including infringement of copyright and related rights, and the legal consequences of them;
2. means of protection against risks to personal security, privacy and personal data when using electronic communications services.
(2) The information under par. 1 is provided by undertakings to subscribers by commonly used means of communication. "
§ 154. In art. 232 par. 6 is repealed.
§ 155. Article 235 is repealed.
§ 156. A Art. 235a:
"Art. 235a. (1) The Commission may require undertakings providing electronic communications networks and / or services to publish comparable, adequate and up to date information on the quality of their services and on measures taken to ensure equivalence in access for end-users disabilities.
(2) The Commission imposes the obligation under par. 1 after consultation with stakeholders.

(3) Companies provide upon request information under par. 1 of the Commission before it is published. "
§ 157. Article 236 is amended as follows:
" Art. 236. The Commission may determine the quality parameters of public electronic communications services to be measured, and the content, form and manner of publication of information, including possible mechanisms for quality certification in order to ensure access for end users, including end-users with disabilities, to comparable, reliable, comprehensive, understandable and current information on the quality of services provided. "
§ 158. a Art. 236a:
"Art. 236a. (1) The Commission may determine to undertakings providing electronic communications networks, minimum requirements for the quality of services related to preventing degradation of service and hindering or slowing down of traffic over networks.
(2) Before deciding to set minimum requirements for quality of service, the committee sent to the European Commission and the Body of European Regulators for Electronic Communications draft decision that includes the minimum requirements for quality of service summary the reasons for the decision and the proposed course of action.
(3) The Commission shall adopt a decision, taking utmost received comments and recommendations by the European Commission. "
§ 159. In art. 237 be made the following amendments:
1. Paragraph 1 shall be amended as follows:
"(1) Undertakings shall take all necessary measures in the greatest possible extent to ensure availability of telephone services through public electronic communications networks in the event of significant damage to the network or in the case of force majeure. "
2. In para. 2 words "fixed location" are deleted.
§ 160. created art. 237A - 237B:
"Art. 237A. (1) The Commission may impose on undertakings providing public telephone services and / or access to public electronic communications networks to provide end users or all of the additional facilities referred to in Art. 198, para. 1 and / or art. 257, para. 1, subject to technical feasibility and economic viability. When analyzing the technical feasibility and economic viability commission takes into account the expected impact on the enterprise, which imposes the obligation.
(2) The method of using the possibilities under par. 1 is defined in the Terms of the relationship between the enterprise and end users.

(3) The Commission, taking into account the insured access of end users to the possibilities of art. 198, para. 1 and / or art. 257, para. 1 and after consultation of art. 37 may decide not to impose obligations under par. 1 or abolish obligations imposed throughout the country or part of it when found to have access to such opportunities.
Art. 237B. The Commission may establish requirements for undertakings providing public electronic communications services to provide end users with disabilities:
1. access to electronic communications services, including emergency services and services of social value, available through numbers of numbering range 116, equivalent to that available to the majority of end-users and
2. choice of enterprises and service that is available to the majority of end users.
Art. 237B. Businesses that have received authorizations for use of numbers in a harmonized numbers for harmonized services of social value, measures to promote these numbers to encourage the provision of services for which such numbers are reserved. "
§ 161. In Art. 241 new para. 3:
"(3) The end user, regardless of the actions taken pursuant to Art. 238 and 239, at any time during the proceedings may apply to the competent court to resolve the dispute through the courts or by the Law on Mediation. "
§ 162. In the title of Chapter Fifteen after the word" Security "is added "and integrity."
§ 163. In Chapter Fifteen, in the name of the section I after the word "Security" is added "and integrity."
§ 164. Article 243 is amended as follows:
"Art. 243. (1) The undertakings providing public electronic communications networks and / or services take appropriate technical and organizational measures to manage the risks to security of networks and services providing an adequate level of security, depending on the risk. The measures ensure a level of security appropriate to the risk, taking into account the nature of the problem and the cost of implementation.
(2) The measures under par. 1 are aimed at preventing accidents and minimizing their impact on users and interconnected networks. "
§ 165. Creating art. 243A - 243B:
"Art. 243A. The undertakings providing public electronic communications networks take all necessary steps to ensure the integrity of their networks, and thus ensure the continuous provision of services on those networks.

Art. 243b. (1) The undertakings providing public electronic communications networks and / or services shall immediately inform the Commission of any breach of security or loss of integrity that had a significant impact on the operation of networks or services.
(2) The Commission may inform the public or require the undertakings to do so, if it determines that the public interest to disclose the breach.
(3) The Commission in its discretion may inform the cases under par. 1 competent national regulatory authorities of the Member - States of the European Union and the European Agency for Network and Information Security.
(4) The Commission shall inform the Minister of Transport, Information Technologies and Communications of the cases under par. 1.
(5) The Commission shall submit annually to the European Commission and the European Network and Information Security summary report on the notifications received under par. 1 and the action taken.
Art. 243B. (1) The Commission may require undertakings providing electronic communications networks
and / or services:
1. to provide information needed to assess the security and / or integrity of their services and networks, including documented security policies and
2. to undergo security audit carried out by a qualified independent body and provide the results of the audit committee; the cost of the audit shall be borne by the enterprise.
(2) The Commission may issue binding instructions, including deadlines for implementation, enterprises under par. 1 to take concrete measures to ensure the security of networks and services provided by them. "
§ 166. In art. 244 after the words "notify subscribers" insert "in an appropriate manner."
§ 167. In art. 248, para. 1 after 'networks and / or services "insert" including networks supporting devices for data collection and identification "and a comma and the word" collect "the comma after it and the words" and use "are deleted.
§ 168. In art. 250 be made the following amendments:
1. In para. 1 after the words "Undertakings providing" insert "public electronic communications networks or".
2. In para. 2, 'undertakings under paragraph. 1 "is replaced by" The undertakings providing public electronic communications services "and a comma.
§ 169. In art. 255 par. 1 is amended as follows:

"(1) Undertakings under Art. 252, para. 1 process and provide for their own account location data to end users in case of emergency, including when no prior agreement for their treatment or a refusal under Art. 253, para. 3. Data is available only to relevant centers for calls to the single European emergency number 112 at the moment the call reaches them. "
§ 170. In art. 257 is amended as follows:
1. Section 8 is repealed.
2. In para. 9 the word "direct" is replaced by "direct marketing".
§ 171. In art. 259 be made the following amendments:
1. In para. 1 the words "electronic communication" be replaced with "phone" and the word "provide" is replaced by "provide access".
2. Create a new paragraph. 2 and 3:
"(2) The Commission may impose pursuant to Art. 160 on undertakings that control access to end users, obligations for the provision of directory inquiry services. These obligations are objective, fair, equitable and transparent.
(3) The Commission does not impose regulatory restrictions which prevent end-users to access directly the directory inquiry services in other Member - States of the European Union, through the voice telephone service or a text message. "
Third. Former para. 2 and 3 shall become para. 4 and 5.
§ 172. In art. 260 be made the following amendments:
1. In para. 2, the second sentence: "itemized accounts are provided within one month from the date of its issuance."
2. In para. 4:
a) in the text before item. 1 the words "may" shall be deleted;
B) in Item. 1 comma and the words "including for calls to free services" shall be deleted;
In) the item. 4:
"4. number of the caller and the called end user. "
third. In para. 5 words "electronic or" shall be deleted and finally, 'or in electronic form. "
§ 173. In art. 261 is amended as follows:
1. Paragraphs 1 and 2 are amended as follows:
"(1) Making calls, messages or e-mail with or without human intervention for the purposes of direct marketing and advertising are permitted only in advance the consent of the user. The consent may be withdrawn at any time.
(2) Any person who has obtained in a commercial transaction for the provision of products or services data, by which can be contacted electronically user can use this data to send a message marketing and advertising its own similar products or services, allowing any user free of charge and in an easy way:
1. express disagreement at the time of the transaction;

2. disagree with future receipt of such messages, when it is not done at the time of the transaction. "
2. Paragraph 3 shall be repealed. 3
. In para. 4 the words "under par. 3 "are replaced by" paragraph. 2 ".
4. Paragraph 5 shall be amended as follows:
"(5) The sending of messages for marketing and promotional purposes is prohibited, even if the requirements of par. 1 and 2 if:
1. can not identify the person who sent them or
2. Communication does not include a valid address to which the recipient may send a request to opt out of receiving messages, or 3
. the message does not meet the requirements of Art. 5 para. 3 pt. 1-4 of the Electronic Commerce Act, or
4. message encourages recipients to visit websites that do not meet the requirements of Art. 5 para. 3 pt. 1-4 of the Electronic Commerce Act. "
§ 174. created art. 261v - 261d:
"Art. 261v. (1) In the event of a security breach of personal data now providing public electronic communications services shall notify the Commission for Personal Data Protection within three days of the finding.
(2) Where an offense under par. 1 can adversely affect the personal data or privacy of a subscriber or another person, an entity shall promptly notify the person and for the violation found.
(3) The subscriber or the person under par. 2 may not be informed of the breach of para. 1, when the company was proved before the Commission for Personal Data Protection, it has implemented appropriate technological measures to protect the security of personal data, which are subject to infringement. Such technological protection measures shall render the data unintelligible to any person not entitled to access.
(4) If the enterprise has not notified the subscriber or individual under par. 2 for breach of personal data, the Commission for Personal Data Protection after consideration of possible adverse effects of the infringement may assign an entity to inform the person concerned.
(5) notifying the subscriber or individual shall describe at least:
1. the nature of the breach of personal data of the user;
2. contact points, which can be obtained more information; 3
. recommend measures to mitigate the possible adverse effects of the breach of personal data of a subscriber or individual.
(6) Upon notification of the Commission for Protection of personal data breaches of personal data now providing public electronic communications services besides the information under par. 5 states and:
1. a description of the consequences of the breach of personal data;

2. proposed or taken by the undertaking measures to remedy the situation.
Art. 261g. (1) The Commission for Personal Data Protection issue instructions on the circumstances under which the undertakings providing public electronic communications services to notify users about security breaches of personal data, format and method of notification. Instructions are published in the official section of the "Official Gazette".
(2) The Commission for Protection of Personal Data may check the performance of the enterprises of their obligation to notify under par. 1 and impose sanctions for non-compliance.
(3) The Commission for Personal Data Protection can check the technical and organizational measures taken by the undertakings providing electronic communications networks and / or services and issue recommendations about best practices concerning the level of security which should be achieved.
Art. 261d. Businesses maintain a register of security breaches of personal data of users. The register shall contain the facts surrounding the breach, its effects and the action taken to deal with them. "
§ 175. In art. 265, para. 1 the words "in consultation with the Council on national radio frequency spectrum" are deleted.
§ 176. In art. 267 pt. 3 words "Art. 65, para. 2 "are replaced with" Art. 65a. "
§ 177. In art. 269 ​​new para. 3:
"(3) The notification under par. 1 may be submitted via the integrated portal for submission of notifications. "
§ 178. In art. 271, para. 2, first sentence the words "harm to the network or its functioning" is replaced by "or interfere with the functioning of the network" and creates the third sentence: "The Commission shall notify the European Commission of each case."
§ 179. In Art . 278 be made the following amendments:
1. The previous text becomes para. 1 and it eventually "or standardization documents."
2. Created al. 2, 3 and 4:
"(2) The undertakings providing public digital interactive television services on interactive digital television platforms are required to use an open application program interface.
(3) The persons under par. 1 and enterprises under par. 2 cooperate in the provision of interoperable TV services for disabled end-users.
(4) Persons who own rights applications provide enterprises under par. 2 consideration on fair, reasonable and equal conditions all the information necessary for the provision in a fully functional form of digital interactive television services supported by these interfaces. "
§ 180. In Chapter XVI, Section I create art. 279a:

"Art. 279a. The Commission decided by technical requirements to ensure interoperability of consumer digital television equipment. "
§ 181. In art. 280 made the following amendments:
1. In para. 1:
a) in the text before item. 1 after 'networks and / or services "insert" may ";
B) in item. 2 the word "specifications" is replaced by "standardization documents."
2. In para. 2 after the words "under par. 1 pt. 2 "is added" can ", the word" specifications "is replaced by" standardization documents "and finally added" (European Institute for Telecommunications Standardization, the European Committee for Standardization and the European Committee for Standardization Electrotechnical ) ". 3
. In para. 3 word "specifications" is replaced by "standardization documents" and the abbreviations "ITU, ISO, IEC" are replaced by "the International Telecommunication Union, the European Conference of Postal and Telecommunications Administrations, the International Organization for Standardization and the International Electrotechnical Commission."
4. Paragraph 5 shall be amended as follows:
"(5) The undertakings providing electronic communications networks and / or services must apply the standards and / or standardization documents specified as mandatory in the" Official Journal "of the European Union."
5. A par. 6:
"(6) In determining the requirements to undertakings providing electronic communications networks and / or services, the Commission comply with the applicable European and international standards and / or standardization documents."
§ 182. name Chapter Seventeen shall be amended as follows: "Construction and maintenance of electronic communications networks and infrastructure. Right of way. "
§ 183. In chapter seventeen, in the name of Section I, the words "electronic communications" are replaced by "electronic communications networks".
§ 184. Article 281 is amended as follows:
"Art. 281. (1) The establishment of electronic communications networks, facilities and related infrastructure is carried out under this Law and the Law on Spatial Planning.
(2) Contracts for the design, construction and conformity assessment of investment projects and / or construction supervision shall be signed by the assignor under Art. 283, para. 3 with persons registered under the Chamber of Architects and Engineers in Investment Design Act, the Chamber of Builders in Bulgaria, and licensed persons under the Law on Spatial Planning, suppliers of plant and equipment in accordance with Art. 160, para. 1 and 2 of the Law on Spatial Planning.

(3) control over the design, construction and commissioning of the sites under par. 1 is carried out under the terms and provisions of the Law on Spatial Planning.
(4) The deadline for approving projects, including complex design for investment initiative and authorization for construction of public electronic communications networks, facilities and related infrastructure is defined under the Law on Spatial Planning, but it can not be longer than six months from the date the introduction of investment intention of undertaking providing public electronic communications networks and / or facilities.
(5) duly requested to provide the necessary rights to install facilities and related infrastructure of public electronic communications networks shall be considered by the competent authority within one month of submission of the application.
(6) In exercising powers of local authorities regarding the design, construction, commissioning and maintenance of electronic communications networks and facilities they can put additional requirements that are not in accordance with this Act, Spatial or other special laws or regulations for their implementation.
(7) Electronic communications networks, facilities and related infrastructure in co-owned building or common areas in the building - condominium is constructed on the basis of a contract in writing and consent of the owners of at least one half of ownership in the building. "
§ 185. in chapter seventeen, after art. 281 creates a new Section II "Right of passage. Co-location and sharing "with art. 281a, 281b, 281v and 281g:
"Section II
Right of passage. Co-location and sharing
Art. 281a. (1) The undertakings providing public electronic communications networks and / or services have the right to build electronic communications equipment and related infrastructure, after signing a written contract with the owner, on, over or under the property:
1. public or private state property;
2. public or private municipal property; 3
. privately owned by individuals or legal entities.
(2) The undertakings providing electronic communications for own needs, have the right to build electronic communications equipment and related infrastructure, after signing a written contract with the owner, on, over or under the property:
1. public state property;
2. public municipal property; 3
. privately owned by individuals or legal entities.

Art. 281b. (1) The Commission in compliance with the principle of proportionality may impose on undertakings providing electronic communications networks and / or services, collocation and / or use of the facilities of electronic communications infrastructure, including buildings, common areas in buildings or entry points access to buildings, electricity networks, electrical installations in buildings, buildings cabling and the first concentration or distribution point, if it is located outside the building, masts, antennae, towers and other supporting elements or structures, canals, boxes cable distribution boxes on, above or below the properties of art. 281a para. 1.
(2) The obligation under par. 1 may be imposed for reasons relating to the protection of the environment, protect public health and safety or to fulfill the objectives of town and country planning.
(3) Before taking a decision to impose an obligation for collocation and / or using the facilities of electronic communications networks, the Commission shall inform interested parties, giving them an appropriate period but not exceeding one month to express opinion.
(4) When imposing obligations under par. 1, the Commission may instruct for apportioning the costs of sharing.
Art. 281v. The Commission may require undertakings providing electronic communications networks and / or services to provide the necessary information to prepare a detailed inventory of the nature, availability and geographical location of their electronic communications infrastructure when he can bring it official.
Art. 281g. In imposing an obligation under Art. 281b para. 1 Commission is guided by the principles of objectivity, proportionality, equality and transparency. "
§ 186. In art. 282 par. 2 is repealed.
§ 187. In art. 283 par. 4 and 5 are canceled.
§ 188. In art. 285 words "providing electronic communications" are replaced by "providers of public electronic communications networks and / or services" and the words "granting the right to use" be replaced with "approval of investment projects and issuing building permits."
§ 189. In art. 286 be made the following amendments:
1. Paragraph 4 is repealed.
2. A par. 5:
"(5) The rules and standards for design, construction and commissioning of cable electronic communications networks and associated infrastructure shall be determined by a joint decree of the Minister of Transport, Information Technologies and Communications and Minister of Regional Development and Public Works . "
§ 190. Chapter Seventeen former section II becomes section III.
§ 191. In art. 287, para. 2 the words "Section III" are replaced by "Section IV".

§ 192. In art. 293, para. 1 after the words "under Art. 287, para. 3 "a comma and added" item. 2 ".
§ 193. Chapter Seventeen former Section III becomes Section IV.
§ 194. In art. 295 be made the following amendments:
1. In para. 1 after the word "electricity" is added "power distribution" and a comma.
2. In para. 3 dash and the words "state property" is deleted and after the words "under par. 1 "comma shall be deleted and added" is state-owned. " 3
. In para. 7 after the word "free" a comma and added "including the departments of art. 3 '.
§ 195. In art. 303 is amended as follows:
1. In para. 1 the words "under Art. 16 "shall be replaced with" under Art. 17 "and the words" special sites of defense "are replaced by" communication objects special. "
2. In para. 3 the word "special" is replaced by "The reporting." 3
. Paragraph 4 is amended as follows:
"(4) communication facilities, installed capacities and electronic communications network under Art. 17 can be used and developed for the needs of government by an order determined by the Cabinet. "
4. In para. 5 'facilities and capacities under par. 1 "is replaced by" infrastructure under par. 4 ".
§ 196. In art. 311 be made the following amendments:
1. In para. 3 before the words "State Agency" insert "the Commission together with" and the words "together with the Commission" shall be deleted.
2. A par. 5:
"(5) implementation of market surveillance under par. 3 Commission and the State Agency for Metrology and Technical Surveillance establish rules for joint activity. "
§ 197. In art. 313, para. 1, p. 4 the word "require" is replaced by "have access to."
§ 198. In art. 318 be made the following amendments:
1. Paragraph 1 shall be amended as follows:
"(1) The Commission may by decision to suspend the implementation of electronic communications in cases of art. 78a to eliminate the violations. "
2. In para. 2 after the word "communications" comma, the words "a breach of law, regulations, the applicable requirements under Art. 73 and / or specific duties or authorizations for use of individually assigned scarce resource "and the comma after they are deleted. 3
. A par. 3:
"(3) The Commission may by decision to stop or delay the provision of a service or bundle of services when this would result in significant harm to competition until it is ensured compliance with access obligations imposed by a final decision after analysis of the relevant market. "
§ 199. In Chapter Twenty create art. 323A and 323B:

"Art. 323a. (1) Control of art. 261v and control to execute the instructions and recommendations under Art. 261g are performed by the Chairman and Members of the Commission for Personal Data Protection or authorized by its officials from its administration as administrative penalties imposed under Art. 43 of the Law on Protection of Personal Data.
(2) Art. 43 of the Law on protection of personal data shall be imposed proprietary sanction provided for in Art. 327, para. 3.
Art. 323B. Control over fulfillment of the requirements of Art. 286 establishment of offenses under this article and the issue of punitive decisions made by the competent authorities under the Law on Spatial Planning and the amount of the fines is determined in accordance with Art. 332. "
§ 200. A Art. 326a:
"Art. 326a. Whoever violates functional specifications for number portability adopted by the Commission, shall be punished with a fine or penalty ranging from 5,000 to 60,000 lev. "
§ 201. In art. 331 be made the following amendments:
1. In para. 6 pronoun "her" is replaced by "does not provide information or".
2. A par. 8:
"(8) The undertaking providing public electronic communications networks and / or services does not fulfill temporarily obligation imposed by a final decision shall be punished with proprietary sanction of 50 000 to 200 000 lev"
§ 202. A Art. 334v:
"Art. 334v. (1) The undertaking providing public electronic communications services does not fulfill the obligation under Art. 261v shall be punished with a property sanction from 2,000 to 20,000 lev.
(2) Where an offense under par. 1 is repeated, a pecuniary penalty double the amount imposed under par. 1 sanction. "
§ 203. In art. 336 after the words "Art. 325 "insert" Art. 326a "and a comma.
§ 204. In art. 340 words "para. 5 "is replaced with" para. 4 ".
§ 205. In § 1 of the additional provisions be made the following amendments:
1. Point 2 is amended as follows:
"2. "Local loop" is the physical circuit that connects endpoint of public fixed electronic communications network to a distributor or equivalent facility in the fixed electronic communications networks. "
2. Point 5 is amended as follows:
"5. "Harmful interference" means interference which endangers the functioning of radio navigation radio or other safety service or otherwise seriously degrades, obstructs or repeatedly interrupts a radio service operating in accordance with the applicable international, Community or national law. "| || 3. In pt. 7, after the words "communications network" insert "or by electronic communications service".
4. Section 8 is amended as follows:

"8. "Access" is providing equipment and / or services to another undertaking, under defined conditions of exclusive or non-exclusive basis for the provision of electronic communications services, including when they are used for delivering information society services or services for radio and TV content. This includes access to network elements and associated facilities and services, which may involve the connection of equipment by wire or wireless means (including access to the local loop and to facilities and services necessary to provide services over the local loop), access to physical infrastructure including buildings, ducts, manholes, towers, masts and poles; access to relevant software systems including operational support systems; access to information systems or databases for pre-ordering, provisioning, ordering, maintenance, repair and billing; access systems for number translation or systems with the same functionality; access to fixed and mobile networks, including implementation of roaming; access to conditional access systems for digital television services; access to virtual network services. "
5. Created so. 8a and 8b:
"8. "Access exclusive basis" is available in which the undertaking providing access may not use any facilities to which access is provided.
8b. "Access exclusive basis" is available in which the undertaking providing access may use the facilities to which access is provided, and grant non-exclusive rights to them to third parties. "
6. In pt. 15 words "equipment, switching and routing" is replaced by "equipment for switching and / or routing" after the words "other resources" insert "including inactive network elements" and a comma and the words "serve" They are replaced by "allow".
7. Section 30 is repealed.
8. A t. 34:
"34a. "Breach of security of personal data" is a breach of security leading to the accidental or unlawful destruction, loss, alteration, unauthorized disclosure or access to personal data transmitted, stored or otherwise processed in connection with the provision of public electronic communications service . "
9. Section 35 is repealed.
10. Section 39 is amended as follows:
"39. Public electronic communications network "is an electronic communications network used wholly or mainly for the provision of public electronic communications services that allow transfer of information between network termination points."
11. Section 41 is amended as follows:

"41. "Public Telephone Service" is a public electronic communications service for making outgoing and incoming calls, directly or indirectly, national or national and international calls through a number or numbers in a national or international telephone numbering plan. "
12. Section 47 is amended as follows:
"47. "Call" is a connection effected by public electronic communications service allowing two-way voice communications. "
13. A t. 58a:
"58a. "Allocation of spectrum" is the designation of a given frequency band for use by one or more services and users. "
14. Section 62 is amended as follows:
"62. "Unbundled access to the local loop" is to provide access to the local loop or part of the local loop by an undertaking with significant market power, allowing the use of the full capacity of the network infrastructure. "
15. Section 66 is amended as follows:
"66. "Shared access to the local loop" is to provide access to the local loop or part of the local loop by an undertaking with significant market power to another entity, allowing for the use of a specific part of the capacity of the network infrastructure such as part of bandwidth. "
16. A t. 66a:
"66a. "Joint significant market power" is a situation in which two or more companies operating at the same market, which is characterized by a lack of effective competition and in which no single undertaking has its own significant impact, can have a significant impact on it even in the absence of structural or other links between them. "
17. A t. 70a:
"70a. "Cross-border markets" are markets identified by decision of the European Commission, covering the European Union or a substantial part thereof and are located in more than one Member - State of the Union. "
18. Section 73 is amended as follows:
"73. "Value Added Service" is a service for which the consumer pays the price now for the use of the electronic communication service, which includes the cost of content. "
19. A t. 79a:
"79a. "Part of the local loop" is the part of local loop connecting the network termination point with a hub or other intermediate access point in the fixed public electronic communications network. "
§ 206. In § 3 of the transitional and final provisions make these amendments:
1. Paragraph 1 shall be amended as follows:

"(1) Undertakings providing service" broadcasting "by cable and satellite electronic communications networks, distributed free of charge in real time the national and regional programs of the Bulgarian National Television and Bulgarian National Radio in a revision of its obligations under para. 7. "
2. Paragraph 3 shall be repealed. 3
. In para. 5 words "para. 3 and 4 "is replaced with" para. 4 "and the word" now "is replaced by" enterprises ".
4. Created al. 6 and 7:
"(6) In order to ensure the dissemination of public radio and television programs now acquired by Bulgarian Telecommunications Company the necessary facilities and infrastructure, providing analogue terrestrial broadcasting and transmission of programs of the Bulgarian National Television and Bulgarian National Radio undertakes to disseminate these programs quality on a contract basis at prices covering necessary expenses for this activity in profit, which would have received an unrelated party in the exercise of the same activity. In subsequent transfer of facilities and infrastructure, providing analogue terrestrial broadcasting and transmission of programs of the Bulgarian National Television and Bulgarian National Radio, the obligation to distribute passes to the plant acquired the relevant infrastructure.
(7) The Commission reviewed imposed on undertakings for transmission of radio and television programs under this Law and the Law on Radio and Television within May 25, 2013 "
Additional Provision

§ 207. This Act introduces the requirements of Directive 2009/140 / EC of the European Parliament and of the Council of 25 November 2009 amending Directives 2002/21 / EC on a common regulatory framework for electronic communications networks and services, 2002 / 19 / EC on access to electronic communications networks and interconnection between them and 2002/20 / EC on the authorization of electronic communications networks and services (OJ, L 337/37 of 18 December 2009) Directive 2009 / 136 / EC of the European Parliament and of the Council of 25 November 2009 amending Directive 2002/22 / EC on universal service and users' rights relating to electronic communications networks and services, Directive 2002/58 / EC concerning the processing of personal data protection and the right of privacy in the electronic communications sector and Regulation (EC) № 2006/2004 on cooperation between national authorities responsible for the enforcement of legislation on consumer protection (OJ, L 337/11 of December 18, 2009 years) and Directive 2009/114 / EC of the European Parliament and of the Council of 16 September 2009 amending Council Directive 87/372 / EEC on the frequency bands to be reserved for the coordinated introduction of public pan-European land-based cell digital mobile communications in the Community (OJ, L 274/25 of 20 October 2009).
Transitional and Final Provisions
§ 208. (1) The permits for use of individually assigned scarce resource, issued by the previous order shall be brought in accordance with the requirements of chapter five to seven months after the promulgation of this law in "State Gazette ".
(2) The term under par. 1 may be extended by up to nine months, when applying para. 1 reduces the rights issued permits and provided it does not affect the rights of other undertakings. The Commission shall inform the European Commission about the extension and give reasons for it.
§ 209. (1) An undertaking which has been granted for use of scarce resource - spectrum before the entry into force of this law and the permit is valid for not less than five years from the date of issuance of authorization which imposed restrictions may apply to the Commission for review, in accordance with Art. 130, para. 2 - 4.
(2) Before adopting its decision under par. 1, the Commission notifies the establishment of a permit for use of scarce resource - spectrum reassessment of the restrictions, indicating the extent of the right after reassessment, and given 30 days of an entity to withdraw its request.

(3) When an entity withdrew the request, the right to use individually assigned scarce resource - spectrum remain unchanged until the expiry of its validity, but not more than five years from the entry into force of this Act.
(4) Upon expiry of the 5 year period under par. 1 committee aligned with art. 130, para. 2-4 general requirements and permits issued individually assigned scarce resource - spectrum.
(5) On 1 September 2013 the terrestrial analogue television broadcasting in the Republic of Bulgaria shall be suspended.
(6) Within three months of the entry into force of this Law Council of Ministers adopted a plan for the introduction of digital terrestrial television broadcasting (DVB-T) in Bulgaria.
(7) The plan under par. 6 includes stages, terms and conditions for the introduction of digital terrestrial television broadcasting (DVB-T).
(8) The plan for the introduction of digital terrestrial television broadcasting (DVB-T) in the Republic of Bulgaria provides a set of measures to assist persons with special social needs to ensure devices allowing access to radio and television programs. The circle of persons determined on the basis of criteria set out in the plan.
(9) The competent state bodies together now under § 5 para. 1 of the transitional and final provisions within three months from adoption of the plan under par. 6 begin the necessary actions and procedures for informing the population on the introduction of digital terrestrial television broadcasting (DVB-T) in Bulgaria. Implementation of measures to inform the population continues for at least November 30, 2013
(10) in the period under par. 5 Commission in compliance with the requirements of Chapter Five opens procedure under Art. 48, para. 1 choice of undertaking to issue a permit for use of individually assigned scarce resource - radio frequency spectrum for provision of electronic communications through electronic communications network for terrestrial digital broadcasting with national coverage.
§ 210. The obligations of the service "carrier selection" imposed on undertakings with significant retail markets is maintained until the entry into force of the decision of the Commission, which continues, amend or repeal the relevant obligation.
§ 211. The undertakings providing connection to a public electronic communications networks and / or publicly available electronic communications services, bring their general conditions of the contract with the end user in accordance with Chapter Fourteen within two months from the date of entry into force of this law.

§ 212. For concluded at the date of entry into force of this Act contracts under Chapter Fourteen provisions of Art. 229a.
§ 213. formed until the entry into force of this law, administrative penal proceedings for violations of the requirements of Art. 286 shall be completed by the previous order.
§ 214. (1) The Commission completes the procedure performed in the order specified in the rules under § 5 para. 3 of the transitional and final provisions as authorizing the use of individually assigned scarce resource - radio frequency spectrum that has been declared free, but was not given in the order specified in the rules. Commission authorizes the candidate who had the right to get it because the best performing of all persons applying for authorization for the same limited resource.
(2) The Commission shall grant the authorization under par. 1 within one month from the entry into force of this Act for a period of use of individually assigned scarce resource - spectrum no longer than the period for which the authorizations pursuant to § 5 para. 2 and 3 of the transitional and final provisions.
§ 215. In the Electronic Commerce Act (prom. SG. 51 of 2006 .; amend. Pcs. 105 of 2006, pcs. 41 of 2007, pcs. 82 2009 . and SG. 77 of 2011) the following additions:
1. In art. 1, para. 3, after the words "such services" insert "including the provision of commercial communications."
2. A Art. 4a:
"Storing the information in users' terminal equipment and access to
Art. 4a. (1) The provider of information society services store information or gain access to information stored in the terminal equipment of the service recipient, provided that:
1. the recipient of an information society service is provided with clear and comprehensive information about the purposes of storing or accessing information in accordance with the Law on protection of personal data for the purposes of its processing;
2. the recipient of an information society service is given the opportunity to refuse the storage of or access to information.
(2) In the cases under par. 1 providers of information society services provide the service recipient an opportunity at any time to receive information stored in the terminal data.
(3) For further information storage or gaining of access to information from the same supplier requirements of par. 1 are not mandatory, if the recipient of the service has not objected.
(4) The requirements of paragraphs. 1 shall not apply to the storage of information and access to it when they are needed for:
1. transmission of messages over an electronic communications network;

2. providing an information society service explicitly requested by the recipient of information society services. "
§ 216. In the Postal Services Act (prom. SG. 64 of 2000 .; amend. pcs. 112 2001 pcs. 45 and 76, 2002, issue. 26 of 2003, pcs. 19, 88, 99 and 105 of 2005, pcs. 34, 37, 80 and 86, 2006 pcs. 41, 53 and 109 of 2007 pcs. 109 of 2008, pcs. 35, 87 and 93 of 2009 pcs. 101 and 102 of 2010) § 1, p. 9 additional provision, the words "on paper" are deleted and after the word "send" insert "on paper".
§ 217. In the Law on Payment Services and Payment Systems (prom. SG. 23 of 2009 .; amend., SG. 24 and 87 of 2009 and No.. 101 of 2010) Art. 2 para. 1, p. 7 letter "e" words "on paper" are deleted.
§ 218. In the Law for Protection of Personal Data (Prom. SG. No.. 1 2002 .; amend., SG. 70 and 93, 2004, issue. 43 and 103 of 2005 No.. 30 and 91, 2006, issue. 57 of 2007, pcs. 42 2009 n. 94 and 97 of 2010, pcs. 39 and 81 of 2011) in art. 10, para. 1 creates it. 14:
"14. issue general regulations and administrative provisions relating to its powers in cases provided by law. "
§ 219. In the Law on Radio and Television (prom. SG. 138 of 1998 .; pcs. of 60 1999 - Decision № 10 of the Constitutional Court from 1999 .; amend., SG. 81 of 1999, No. 79 of 2000, pcs. 96 and 112 of 2001, pcs. 77 and 120 2002 pcs. 99 and 114 in 2003, pcs. 99 and 115 of 2004, pcs. 88, 93 and 105 of 2005, pcs. 21, 34, 70, 80, 105 and 108 2006 pcs. 10, 41, 53 and 113 in 2007, pcs. 110 of 2008, pcs. 14, 37, 42 and 99 of 2009, pcs. 12, 47, 97, 99 and 101 of 2010 and SG. 28 of 2011) in chapter six the following amendments and additions:
1. In art. 125k par. 3 is amended as follows:
"(3) Programs that are intended for distribution to audiences outside the territory of the Republic of Bulgaria and distributed via electronic communications networks for terrestrial and satellite broadcasting, which are in the Republic of Bulgaria, subject to registration and included in the first section of the public register under par. 2 item. 1. "
2. After Art. 125l creating Section VII of art. 125 m, 125n, 125o and 125p:
"Section VII
Registration on broadcasters who create programs intended for audiences outside the territory of the Republic of Bulgaria
Art. 125 m. Individuals who create radio and television programs for distribution via electronic communications networks for terrestrial and satellite broadcasting, when the purpose of the broadcast signal for reception outside the territory of the Republic of Bulgaria, is based on registration by the Council for Electronic Media under of this law.

Art. 125n. (1) Persons who create radio or television programs intended for reception by audiences outside the territory of the Republic of Bulgaria, and want these programs to be distributed via electronic communications networks for terrestrial or satellite broadcasting in the territory of the Republic of Bulgaria, subject registered under the following general requirements:
1. observing the principles of art. 10, para. 1, p. 1-8;
2. respect for human dignity; 3
. child protection;
4. compliance with copyright and related rights;
5. provide information to the Council for Electronic Media upon reasoned request.
(2) Registrants shall submit to the Council for Electronic Media application, to which the documents under Art. 111, para. 1, p. 1, 2, 4, 7 and 8.
(3) The Council for Electronic Media shall decide on the application for registration with the decision within 14 days of receipt of the application. Upon registration can not place restrictions related to the distribution of the program. In inadequacy and irregularity of documents, Art. 112, para. 2.
(4) The Council for Electronic Media may refuse registration if:
1. presented program project, program concept, program profile or program scheme contradict the provisions of law or
2. irregularities under par. 3 are not removed in time.
(5) Based on the decision under par. 3 operator entered in the register under Art. 125k para. 2 pt. 1 and the applicant is issued a registration certificate containing:
1. name (the firm) and the headquarters of the broadcaster;
2. the name of the program and ways of its dissemination; 3
. types - public or commercial;
4. program profile;
5. starting date for the distribution of the program.
(6) The registered operator shall notify the Council for Electronic Media for any change in the registered data in the certificate within 14 days of its occurrence.
(7) Registrations are open-ended.
Art. 125o. An entity that distributes radio and television programs intended for audiences outside the territory of the Republic of Bulgaria shall submit to the Council for Electronic Media information and documents under Art. 125c.
Art. 125p. The Electronic Media Council decision to delete the registration when they found violations of requirements of Art. 125n, para. 1. "
§ 220. Law shall enter into force on the day of its promulgation in the" Official Gazette ".
The law was adopted by the 41 th National Assembly on December 20, 2011 and was affixed with the official seal of the National Assembly.
Chairman of the National Assembly Tsetska Tsacheva 13,457