Act amending the Act on competition and consumer relations at telemarkedet1)
(Breakdown of costs by shared use of electronic communications networks and more effective enforcement of Telecom Regulation)
WE, MARGRETHE the SECOND, by the grace of God Queen of Denmark, do indeed:
The Danish Parliament has adopted and we know Our consent confirmed the following law:
Of the Act on competition and consumers ' relationships on the telecommunications market, see. lovbekendtgørelse nr. 780 of 28. June 2007, as amended by Act No. 325 of 30. April 2008 and section 4 of Act No. 479 of 17. June 2008, shall be amended as follows:
1. In paragraph 51 (f), paragraph 6, the words ' paragraph 10 ': ' paragraph 12. '
2. In paragraph 51 (f) shall be inserted after paragraph 6 as new paragraph: "(7). In the event of multiple simultaneous use of electronic communications services shall, when determining the price for a samtrafikprodukt be an equitable distribution of costs between the services. '
Paragraph 7-9 becomes paragraph 8-10.
3. In paragraph 51 (f), paragraph 7, which becomes paragraph 8, the words ' referred to in paragraph 5, no. 1, said pricing method ' to: ' the pricing methods referred to in paragraph 5, no. 1 and 4 '.
4. In paragraph 51 (f) shall be inserted after paragraph 9, which becomes paragraph 10, as new paragraph: ' 11. If a provider does not present sufficient evidence under section 107, paragraph 1, to the fixing of prices, the national IT and Telecom Agency to come to a decision on the present basis. If later on the basis of presented sufficient evidence can be the basis for rollback, see section 78 (2) and (3) shall apply mutatis mutandis. '
Paragraphs 10 and 11 will be hereafter referred to paragraphs 12 and 13.
5. section 64 shall be replaced by the following: ' section 64. Providers of electronic communications networks or services, that gets information from another provider before, during or after negotiations on agreements on access or interconnection, may only use this information for the purpose for which it is given, and at all times process the information that is transmitted or stored, confidential. The received information shall not be divulged to the other, as this will achieve a competitive advantage and, in particular, not to other departments, subsidiaries or partners. '
6. In article 65, paragraph 4, insert as 2. item:
» If later on the basis of presented sufficient evidence can be the basis for rollback, see section 78 (2) and (3) shall apply mutatis mutandis. '
7. In § 78 shall be inserted after paragraph 2 as new paragraph: "(3). If a provider has not presented sufficient evidence and therefore it has been necessary to take a provisional decision, the final decision only happen after the regulation of prices, without prejudice. (2) If after the regulation is in favour of third parties. '
Paragraphs 3 and 4 become paragraphs 4 and 5.
8. In article 78, paragraph 3, which becomes paragraph 4, shall be inserted after ' paragraph 2 ': ' and 3 '.
9. In article 101, paragraph 1, no. 7, the words ' section 78, paragraph 4 ', to: ' section 78, paragraph 5 '.
10. section 112, paragraph 1, is replaced by the following: ' With fine punished
1) Whoever violates section 13, paragraph 1, article 15, paragraph 3, article 15, paragraph 4, article 15 (c), article 34, paragraph 3-6, section 64 or section 86 a, paragraphs 2, 3 and 5,
2) who does not comply with an obligation imposed under section 51 (1) or (2) of the basic regulation. section 51, paragraph 3, nr. 2, 3 or 6,
3) the provider of electronic communications networks or services or services of general interest, which shall give false or misleading information to the national IT and Telecom Agency, the telecommunications user Committee, Telecommunications complaints, 900 Service-Board, Radio and television Board or fortier ratio of importance to the matter under consideration,
4) Whoever intentionally or grossly negligently violates section 91, or
5) the universal service provider under exceptional circumstances, does not comply with the terms, conditions, and obligations, as referred to in section 22 (1). ';
(1). The law shall enter into force on the 1. January 2009.
(2). § 1, nr. 4 and 6-9, shall apply to the cases, concluded after the entry into force of the Act.
Given at Marselisborg Palace, 27. December 2008 MARGRETHE r./Helge Sander Official notes 1) Act contains provisions implementing parts of a European Parliament and Council Directive 2002/19/EC of 7. March 2002 on access to, and interconnection of, electronic communications networks and associated facilities (access directive) (Official Journal of the European communities 2002 nr. L 108, p. 7).