Key Benefits:
See the copyright notice Conditions of use .
In accordance with the decision of the Parliament:
The aim of the law is to promote the provision and use of electronic communications services and to ensure that communications networks and communications services are accessible to everyone throughout the country. In addition, the aim of the law is to ensure the efficient and uninterrupted use of radio spectrum and to promote competition and to ensure that communications networks and services are technologically advanced, safe and safe and secure, and Affordable. The aim of the law is also to safeguard the confidentiality of electronic communications and the protection of privacy.
Articles 136 to 145 and 247 of this Act shall apply to operators within the meaning of those provisions in situations where:
(1) the operator is located in Finland or, by the way, in the Finnish administration;
(2) the operator does not have a seat in the territory of the Member States of the European Union, but the essential equipment for the transmission of communications within the service is in Finland or is maintained in Finland; or
(3) the operator does not have a seat in the territory of the Member States of the European Union, but the service user is in Finland and, on the basis of the content of the service provided, or its marketing, it is obvious that the service is aimed at Finland.
This paragraph is without prejudice to the provisions of Finnish law on international law.
For the purposes of this law:
(1) Audiovisual programme A film, a television programme, the dissemination of an event to the public, and a whole range of other similar images, which are related to them, and annexed to them;
(2) Audiovisual content service The television broadcasting and order programme service offered to the public in the course of the business;
(3) Internet access service A communication service which makes it possible to connect to the Internet in order to use the services provided there;
(4) Mass communication network A communication network, which is mainly used for the transfer or transmission of television and radio software or any other type of material to be transmitted in the same way to all recipients;
(5) Cable channel, The protection structure used in the construction of a public communications network, which is intended as a location for the IT network;
(6) By fixed installation A combination of communication network devices installed on permanent use in a pre-defined location;
(7) User A natural person who, as a subscriber or otherwise, uses a communication service or an additional value service;
(8) Ancillary services A conditional access system, an electronic programme guide, a numbering system, a numbering system, an identification, positioning and ordering information service as well as a similar service in connection with a communications network or communications service, which allows: The provision of a communications network or a communication service, or supports the provision of a service through them;
(9) Associated functionality The ancillary service and the building, the building's entry and the cable, the cable, the mast and the physical structure, function and element related to the communication network or communications service, enabling the communication network to: The provision of a communication service or the provision of a service through them;
(10) Value added services A service based on the processing of brokerage or location data for purposes other than the transmission of a message;
11 ) The terrestrial mass communications network A mass communications network that has been carried out through free-flowing radio waves;
(12) Software A pre-selected set of audiovisual programmes or radio programmes;
(13) In radio ham communications Radio communications by suitably qualified persons, using amateur radio stations, without any economic interest, for the purpose of training, communication or radiotechnical experimentation;
(14) Radio device The device and its essential part intended for the transmission of radio-frequency electromagnetic waves ( Radio transmitter ) Or reception ( Radio transponder ) For radio communication or other purposes;
(15) Radio frequency A freely-progressive electromagnetic wave frequency of less than 3 000 gigahertz;
16) Radio activities Simultaneous transmission of software consisting of radio programmes to the public in accordance with a specific programme schedule;
(17) Radio communication The transfer, transmission and reception of information using radio frequencies;
(18) Location data Information from the communication network or terminal, indicating the geographical location of the interface or terminal equipment and used for non-communication purposes;
19) State of establishment A State in which the information society service provider actually carries out an economic activity at the permanent place of establishment;
20) Sponsorship The financing of the audiovisual content service, the audiovisual programme, the radio programme and radio activities and other financial aid intended to promote the sale of the principal's assets or the identity of the provider of the aid. Neither the production of programmes or radio programmes nor the provision of content services or radio activities;
21) Under a protected name And With a secure signal The name and mark of the trade, trade mark, association, foundation or party register, or the name of the trade name; (128/1979) Or trademark law (1997) , the name of the subsidiary or trade mark and the name of the public body, the State Business Administration, the independent public body, the public law association and the representation of a foreign State and its institution;
22) Electronic message Information transmitted or distributed by electronic means;
23) Telalimony The radio device, the telecommunications terminal and the communication network;
24) Teleshoping; A television broadcast containing purchase or offer offers;
25) Telecommunications terminal equipment A device which, for the purpose of sending, processing or receiving messages, is intended to be connected, by radio, by radio, optically or by other electromagnetic means, either directly to the connection of the public communications network or to the operation of: Connected directly or indirectly to the public communications network in connection with the public communications network;
26) Television broadcasting activities The initial and simultaneous transmission of software consisting of audiovisual programmes to the public in accordance with a specific programme schedule;
27) Telecommunications undertaking The provision of a network service or a communication service to an unpredefined user circle, that is to say, the public telecommunications business;
28) Security, Administrative and technical measures to ensure that the information is available only to those who are entitled to make use of the information, that the information cannot be changed to the extent that the information and information systems are available to them. Recoverable;
29) Information society services In electronic form, at the personal request of the consignee, normally the service to be provided against remuneration;
30) By subscriber A legal person and a natural person who has concluded an agreement for the provision of a communication service or a value added service for a non-telecommunications business;
31) The subscriber connection The part of the fixed communications network between the subscriber interface and the device enabling communication;
32 ) Order programme service The service in which audiovisual programmes are kept available to users on the basis of a programme list of programmes;
33) Security radio communication Radio communications for the protection and rescue of human life or property;
34) Online service A service in which a telecommunications company ( Online company ) Offers a communication network in its possession or on another basis for the transmission or distribution of messages;
(35) Domain name The number of letters, digits or other characters or combinations of their names under the name 'fin' and the 'ax-provincial code';
36) Communication agent The telecommunications undertaking, the Community subscriber and any other entity that provides electronic communications, other than for normal private purposes comparable to personal or comparable purposes;
37) Communications service A service consisting entirely or mainly of the transmission of messages in the communications network and the transmission and broadcasting service in the mass communication network;
38) Communication network device A device intended to be used for the transmission or control of messages on the communications network;
39) Communications network A system consisting of interconnected conductors and devices intended for the transmission or distribution of messages through a conductor, radio waves, optically or other electromagnetic means;
40) Brokering information Information on the identity of the legal or natural person, which is addressed in order to communicate the message, and information on the identity of the radio station, the type or user of the radio transmitter, and information about the time, duration or duration of the radio transmission; The place of dispatch;
41) The Community subscriber The undertaking and entity which is the subscriber to the communications service or value-added service, which deals with users' messages, brokerage information or location information;
42) Public telephone service A communication service to enable and receive domestic and international calls through a number in a national or international telephone numbering plan;
(43) Public communications network A communication network to be used for the provision of communication services to an unpredefined user circle.
Before commencing operations, the operator shall notify the Communications Office by electronic means:
1) general public telecommunications ( Declaration of telecommunications );
2) non-concession television activities where the service provider is established in Finland ( Software declaration );
3. The provision of a charter service if the service provider is established in Finland ( Order programme service declaration ); and
(4) if the operator provides a linear pay-tv service on a terrestrial digital mass communication network using the protection of the protection system ( Pay-television service ).
However, the notification referred to in paragraph 1 shall not be subject to any activity which is short-term or otherwise insignificant.
The Decree of the Ministry of Transport and Communications may provide for more detailed provisions on the type of activities to be regarded as short or short-term.
The notification referred to in paragraph 1 shall give all the undertaking or entity necessary for the supervision of the undertaking or entity, as well as a description of the activities pursued. The Agency may provide details of the information to be provided, as well as the form and transmission of the notification.
Any changes and cessation of activities affecting the information provided in the notification shall be notified without delay to the Communications Office.
If, in the absence of unforeseen circumstances, a telecommunications undertaking or a payment television service provider is no longer able to provide the subscriber with a communication service or service in accordance with the contract and does not comply with the procedure under the contractual terms of the service, the undertaking shall: Without delay or at the latest two weeks before the cessation of the service, inform the subscriber and the Communications Office of the cessation of the service. At the same time, the telecommunications company must inform the subscriber about the means available to safeguard its communication.
If the cessation of the communications service referred to in paragraph 6 is due to the termination of the network service, the network undertaking which the service company operates in the communications network shall inform the telecommunications company providing the communications service and the Communications Office Not later than four weeks before the network is cut off.
The Communications Office shall keep a public list of the notifications referred to in Article 4.
The communication agency shall confirm receipt of the notification within one week. The confirmation shall state those rights and obligations under this Act concerning the notified operation in Finland.
The provision of a network service for radio frequencies in a digital terrestrial public communications network or in a mobile network with general telecommunications activities requires a network licence.
The provision of a network service in a mobile network operating on the network, which operates in more than one municipality, also requires authorisation.
By way of derogation from the provisions of paragraph 1, an authorisation shall not be necessary for the provision of the network service in the digital terrestrial mass communication network if:
(1) does not exceed a maximum of one month and a television broadcasting power of up to 50 watts; or
(2) the radiation performance of the television broadcast used, taking into account its place of use, is so small that the activity is restricted to a limited area.
Where appropriate spectrum is released from the technical and efficient use of spectrum, the State Council shall declare the authorisation to be authorised by a regulation adopted pursuant to Article 95 (3) (1) In accordance with the established frequency plan.
However, the network authorisation granted by the Agency shall not be declared to be applied for.
The Government shall grant online licences for the activities referred to in Article 6 (1) and for the network operation referred to in Article 6 (2), free of charge, as provided for in Article 10.
Where a spectrum of new, technically and efficient spectrum is allocated to a public telecommunications network, the Council of State may take a decision on the granting of a network licence within the meaning of Article 11 The auction procedure.
The network authorisation shall be granted by the Communications Office if the authorisation concerns digital television, which does not exceed three months, and where the radiator's radiation power does not exceed two kilowatts.
The Agency shall issue an online authorisation for the activities referred to in paragraph 1 where there are radio frequencies to be demonstrated and there is no reasonable reason to suspect that the applicant is in breach of the provisions of this Act.
The Office may award a new network licence to the same operator for the activities referred to in paragraph 1 for the partial overlapping of the coverage area no earlier than two months from the date of the previous authorisation Termination.
A network authorisation shall be granted if:
(1) the applicant has sufficient financial resources to fulfil the obligations of the network undertaking;
(2) there are no reasonable grounds for suspecting the applicant to infringe the provisions of this law; and
(3) the licensing authority does not have any particular weighty grounds for suspecting that the authorisation is likely to jeopardise national security.
A network licence for the supply of the network service on the network shall be granted if, in addition to the conditions referred to in paragraph 1, the applicant has the capacity and competence required by the specific nature of the activity.
Where the authorisation referred to in paragraph 1 cannot be granted to all applicants by reason of the scarcity of radio frequencies, it shall be granted to those applicants whose activities best contribute to the objectives set out in Article 1.
The application for authorisation shall include all the information requested by the licensing authority which is necessary for the assessment of the conditions for granting the authorisation referred to in paragraph 1.
The decision of the State Council on authorisation shall be taken within six weeks of the end of the application period. The Council of State may extend the six-week period for a period not exceeding eight months if it is to ensure fairness, reasonableness, clarity or transparency in the application procedure, in order to supplement the applications or for any other specific reason Necessary. The extension of the time limit shall be made public.
The State Council shall grant an authorisation within the meaning of Article 8 (2) to an undertaking or entity that has entered an auction at the highest accepted bid for the frequency band or frequency band, unless there are particularly strong grounds for suspecting: The granting of authorisation is likely to jeopardise national security.
The auction is organized by the Communications Department. The auction shall be organised in such a way as to be objective, clear, transparent, non-discriminatory and independent of technology and services.
The frequency of spectrum bands or frequency bands allocated, the maximum number of frequencies allocated per undertaking and the entity to be granted, the auction model to be used and the price of the frequency bands to be auctioned shall be governed by the Regulation.
The auction may be carried out using an electronic auction system. In the auction, one or more bidding rounds can be arranged with rising offers. All tenders submitted during the auction shall be binding until the end of the auction.
The Agency shall declare the auction closed after the invitation to tender within which no new frequency band or frequency band has been submitted any further.
At the end of the auction, the highest accepted bid for each frequency band or frequency band wins.
The Agency may provide more detailed provisions for the procedure to be followed for the auctions. The provisions may concern:
(1) the manner and time limit for the announcement of the auction;
(2) tenders;
(3) the increase in tenders;
(4) the transfer of tenders between the frequency bands and the frequency band in such a way that the value of the tenders already submitted does not count as a result of transfers;
(5) the determination of the right to yell at each invitation to tender;
6. The determination of the highest bid in force;
(7) suspension or withdrawal of auctioning due to force majeure or technical reasons;
(8) other equivalent auction rules as well as its technical arrangement.
A company and a Community wishing to participate in an auction shall make a prior notification of their participation in the Communications Office and pay the participation fee provided for in Article 286.
Accounting law (1336/1997) in Chapter 1, Article 6 , only one undertaking shall participate in the auction.
The companies participating in the auction shall not cooperate in auctioning. Forbidden cooperation shall be regarded as:
1) contracts concerning the content of tenders;
(2) the exchange of information on the content of tenders during the auction procedure; and
(3) other activities between participants in order to influence the course and outcome of the auction.
The name and other information provided in connection with the auction in the event of a sale shall not be public before the end of the auction procedure.
The successful offers shall be made public at the end of the auction procedure. Other offers made by the company or by the Community are confidential. However, during the auction, the Agency may provide information on the aggregate amount of the tenders submitted in respect of each round of the auction. The participants in the auction shall also be informed of the number of tenders received and the highest bid amount in euro.
In other respects, the disclosure of information is governed by the law on public authorities' activities (18/09/1999) .
Without prejudice to the secrecy provisions laid down in this Chapter, the Communications Office shall disclose to the Ministry of Transport and Communications the information necessary for the control and guidance referred to in paragraphs 1 and 2. Request.
The communication agency shall reject an offer made by an undertaking or a Community auction where effective control of an undertaking or entity changes prior to the granting of an authorisation that the undertaking or entity no longer fulfils the conditions laid down in Article 13 The conditions for participation in the auction.
A communication agency may decide to reject an offer made by an undertaking or a Community where it has substantially inaccurate information on matters relevant to the auction or if it is otherwise in breach of the provisions of Chapter 3 The provisions of the Agency and, in spite of the invitation, do not immediately correct the procedure.
The State Council may decide to reject an offer made by an undertaking or a Community where it has particularly pressing grounds for suspecting that the granting of a licence is likely to undermine national security.
The Council of State grants a deadline of up to 20 years for the network authorisation.
For the purposes of the network licence, the geographical area of the telecommunications company and the coverage area of the network may be defined.
The authorisation may be accompanied by:
(1) requirements to promote the objectives set out in Article 1;
(2) the requirements laid down in Article 243 or on the technical provisions of the Communications Agency referred to in Article 244 relating to the technical characteristics of communications networks or the efficient use of spectrum;
(3) conditions relating to the amount of capacity to be reserved for the software licence holder or to cooperation between software licence holders on capacity allocation or electronic programme guides;
(4) the conditions for the transmission or encryption of consignments;
(5) the conditions governing the obligation of the concession holder to remove any interference caused by radio communication in accordance with other provisions, as well as the reimbursement of costs resulting from the removal of these interference.
A network licence for the provision of a network service on a terrestrial mass communication network may be granted on condition that the concessionaire, for its part, is responsible for ensuring that General radio Oy and Article 22 of this Act and the Radio and The software concession holder referred to in Article 3 (1) of Ålands författningssamling (2011:95) shall be able to use the capacity required for the pursuit of the activity.
The State Council shall ensure that television and radio operators, as mentioned in paragraph 4 above, have access to the capacity required to carry out the activity in all situations.
A network authorisation may be amended during the period of validity of the authorisation with the consent of the concession holder and, if it is in technical development, in an international contractual obligation, under the operating condition of the authorisation, or Necessary for reasons of market conditions or of any other relevant substantive change.
The terms of the concession granted by the Government of the State may also be amended on application by the concession holder. Before taking a decision, the State Council shall inform the concession holder of the effect of the review of the authorisation by the State Council and, at the same time, give the concession holder a reasonable time limit Withdrawal of the application.
The network authorisation shall not be transferable to any group belonging to a group within the meaning of Article 6 of Chapter 1 of the same accounting law. The internal transfer of a group shall be notified immediately to the State Council.
If the controlling or equivalent effective control over the concession holder referred to in Article 5 of Chapter 1 of the Accounting Act is changed, the change of control shall be notified immediately to the State Council. The State Council shall decide, within two months of the notification, whether to withdraw the authorisation.
The State Council may not withdraw the authorisation if it is apparent that:
(1) the conditions for the authorisation provided for in Article 10 are fulfilled; and
2) the operation continues under the terms of the authorisation.
The concession holder may request the Council of Ministers to take a decision on the effect of the change of control on the authorisation. The State Council shall issue a decision within two months of receipt of the application.
If control has changed in a business transaction which is a competition law (198/2011) , notified to the Competition and Consumer Agency or merger control ("EC Merger Regulation") Council Regulation (EC) No 139/2004 of the European Parliament and of the Commission , the decision of the Council of State shall be issued within two months from the date on which the business transaction has been legally settled.
At the request of the concession holder, the Government of the Government may, if it does not have any particularly pressing grounds for suspecting the transfer to prevent competition or to jeopardise radio communication, an online licence issued in accordance with Article 11. Dysfunctional or, apparently, national security. The decision of the Council of State shall be issued within two months from the date on which the application for transfer is lodged.
The transfer referred to in paragraph 6 of the licence may be limited to part of the frequency of the authorisation. In the application for transfer, the concession holder shall find out who is responsible for the concession fee provided for in Article 287.
All rights and obligations of the concession holder shall be transferred to the new holder of the authorisation. When the authorisation is transferred, the frequency reserve provided for in Article 44 or the radio licence provided for in Article 39 shall also be wholly or partially transferred. The supplier shall immediately inform the Communications Office of the transfer.
The State Council may withdraw or withdraw the network authorisation if:
(1) the concessionaire has repeatedly and seriously infringed the provisions of this law or the authorisation conditions referred to in Article 16;
(2) the concession holder who has been authorised in accordance with Article 6 (1) shall no longer have sufficient financial resources to fulfil its obligations, taking into account the nature and extent of the activity;
(3) the network referred to in the licence shall not be used for activities to which the radio frequencies referred to in the licence have been assigned; or
(4) within two years of the beginning of the authorisation period, the concessionaire has not actually commenced an operating licence unless the State Council, on application by the concessionaire, on the application to technical progress or the general economic situation For reasons related to the quantity.
In addition, the revocation shall be subject to the condition that, in spite of the request, the holder of the network authorisation shall, within a reasonable period of at least one month, correct the procedure, refine the financial resources or show that it has started: Its activities.
The State Council may withdraw the network authorisation if the concessionaire transfers authorisation to a company other than the same group as provided for in Article 18 (1) and (2).
The concession holder whose authorisation has been granted under an auction procedure provided for in Article 8 (2) may lease the right of access to the frequencies referred to in the licence to another undertaking or entity. However, the authorisation and the obligations under the frequency reserve provided for in Article 39, as provided for in Article 39, shall continue to be borne by the concession holder.
Access to the right of access shall be subject to approval by the Government. The Government of the Republic may, upon application by the concessionaire, approve the hiring out of the right of use if it does not have any particularly pressing grounds for suspecting that the lease is likely to jeopardise national security. The State Council shall decide on the approval within two months of the date of receipt of the application.
The concession holder may waive the authorisation by informing the licensing authority before the end of the concession period.
The operating licence holder, who has completely renounced the authorisation, does not withdraw the licence fee provided for in Article 287 from the remaining authorisation period. The concession fee partially waiving the concession shall be reduced accordingly for the remainder of the licence period. However, the concession fees paid before the authorisation are waived shall not be reimbursed.
The pursuit of television and radio activities in the digital terrestrial mass communication network requires a software licence, except for activities in which:
(1) audiovisual content services or radio broadcasts can be received only in an institution, hospital, hotel or other similar institution; or
(2) Whereas the provision of audiovisual content is not the number of programmes or the frequency of broadcasts, taking into account the regularity of the programmes and the main purpose of the service.
Broadcasting Corporation is permitted to operate the Law on Broadcasting Corporation Article 7 (1380/1993) Of public service digital television and radio broadcasting without authorisation.
A software licence for digital television and radio is requested from the Communications Office. The application shall include:
(1) the name, contact details and domicile of the applicant;
2) a description of the planned duration of operations;
(3) a description of the transmission technologies used, the maximum capacity required for distribution of the software and the availability of capacity;
(4) a statement of the applicant's solvency and ability to carry out regular television activities;
(5) a statement of the fulfilment of the conditions for the authorisation laid down in Article 26 if the software authorisation is applied for in the public interest;
6) a public version of an application to be published by the Communication Office as referred to in paragraph 2.
If capacity is available, the Communication Office shall publish an application for authorisation without delay and at the same time indicate the time limit within which other applicants may apply for a software licence. The Agency may provide information on free frequency capacity and the possibility of applying for a licence on its own initiative. A programme authorisation may be granted not earlier than one month after the publication of the application or notification of the Communication Office.
Where the broadcasting capacity is free of the public interest referred to in Article 26, the Communication Office shall publish a notice of the available transmission capacity and, at the same time, indicate the time limit within which the licence applicant shall: Submit an application to the Communications Office.
It is the duty of the licensing authority to ensure that the public service broadcaster has access to the public service it needs, as provided for by the Decree of the Council of State, adopted pursuant to Article 95 (1), on a terrestrial television network Transmission capacity and that the company can use it appropriately.
The communication agency shall grant the software licence referred to in Article 22 (1) to the applicant if:
(1) the applicant has paid the application fee provided for in Article 285;
(2) the applicant is financially sound and has an obvious ability to operate under a regular software licence;
(3) the applicant does not doubt, for any reason, in breach of the provisions of this law; and
(4) the applicant has provided sufficient information on the organisation of the distribution of the software.
When preparing a decision, the Communications Office shall consult and cooperate with the Ministry of Transport and Communications.
Where applicants who satisfy all the conditions laid down in paragraph 1 are not provided with sufficient allocation capacity or the granting of a software licence may have significant effects on the overall development of the communications market, Is authorised by the Council of State. The Agency shall publish the information and at the same time inform the applicant thereof to the competent authority. Within two weeks of the transfer, the applicant may submit an application, accompanied by the planned programme, to the Council of State.
If the matter of the concession has been transferred to the State Council, the State Council must resolve the matter within two months of the transfer. The Council of State may extend the two-month period for a period not exceeding eight months where it is necessary to ensure the impartiality, clarity or transparency of the application procedure, for the purpose of completing the application or for any other specific reason. The extension of the time limit shall be made public.
As a whole, the State Council shall, taking into account the television broadcasting activities carried out in the concession area, aim to promote freedom of expression and to safeguard the diversity of the software supply and the needs of the specific groups of the general public in a way that best To promote the objectives set out in Article 1.
In order to safeguard the diversity of freedom of expression, pluralistic communication and television coverage, the Council Regulation adopted pursuant to Article 95 (1) establishes the necessary capacity for television activities in the public interest.
In accordance with the procedure laid down in Article 23 and Article 25 (1), the Office shall grant software concessions to the public interest of the public interest referred to in paragraph 1 of this Article.
A software licence shall be granted if:
(1) the applicant has completed the application fee provided for in Article 285;
2) the consignments are freely accessible;
(3) consignments may be received at national level, except for the Province of Åland;
(4) the consignments contain daily Finnish or Swedish programmes;
(5) consignments contain daily news and current programmes;
(6) consignments include sound and subtitling services referred to in Article 211; and
(7) the applicant has provided sufficient information on the organisation of the distribution of the software.
When preparing a decision, the Communications Office shall consult and cooperate with the Ministry of Transport and Communications.
Where applicants who satisfy the conditions laid down in paragraph 3 do not have sufficient access to the transmission capacity, or the granting of a software licence may have significant effects on the overall development of the communications market, Is authorised by the Council of State. The Agency shall publish the information and at the same time inform the applicant thereof to the competent authority. Within two weeks of the transfer, the applicant may submit an application, accompanied by the planned programme, to the Council of State.
The State Council shall grant authorisation to the applicant best performing the conditions laid down in paragraph 3 and Article 25 (1) and (5). The State Council must settle the matter within the time limit laid down in Article 25 (4).
A public interest software licence may be granted from a group referred to in Section 6 of Chapter 1 of the Accounting Act to only one company.
The licensing authority shall ensure that the holder of a public interest software licence has access to the broadcasting capacity of the terrestrial television network as it needs to be in the public interest.
Software licences shall be granted for a limited period of up to 10 years.
The holder of a software licence which has been granted a software licence for a network of television activities in the public interest shall comply with the requirements of Article 26 (3) throughout the period of authorisation to safeguard the diversity of the television supply Conditions.
The State Council may attach conditions to the software authorisation concerning:
(1) regional coverage or visibility;
(2) daily transmission time; or
3) transmission technology and transmission capacity.
In addition, the State Council may attach conditions necessary to the diversity of programming software and to safeguard the needs of the specific groups of the general public.
If there are no reasonable grounds for suspecting that the applicant is in breach of the procedure laid down in Articles 23 and 25, the Agency shall grant a software licence for short-term television or radio The provisions and activities of this law:
(1) for a maximum period of three months; or
2) The weekly duration shall not exceed eight hours.
However, the operator to whom the authorisation referred to in paragraph 1 (1) has been granted shall not be eligible for authorisation immediately for subsequent periods of three months.
The Agency may grant authorisation for the activities referred to in paragraph 1 (2) for a maximum period of one year.
The issuing authority may modify the authorisation during its period of validity of the concession holder's application or consent, or otherwise, if it is necessary for technical progress or international contractual obligations In the event of a change in the operating conditions or under market conditions or any other relevant essential change.
The software licence shall not be transferable to any group belonging to a group within the meaning of Article 6 of Chapter 1 of the same accounting law. The communication agency shall immediately be informed of the intra-group transfer.
If the controlling or equivalent effective control over the concession holder referred to in Article 5 of Chapter 1 of the Accounting Act changes, the change of control shall immediately be notified to the licensing authority, which shall decide on two Within one month of the notification, whether or not it will cancel the authorisation because of the change in control.
The licensing authority may not withdraw the authorisation if it is apparent that:
(1) the conditions for the authorisation provided for in Articles 25 and 26 are met; and
2) the operation continues under the terms of the authorisation.
The concessionaire may request authorisation from the licensing authority to influence the authorisation of the change in the authorisation. The licensing authority shall issue a decision within two months of receipt of the application.
Where control has changed in a business transaction which, according to the Competition Act, is notified to the Competition and Consumer Agency or to the Commission pursuant to the Council Regulation on the control of concentrations between undertakings, the decision of the licensing authority must be given in two Within one month of the final settlement of the business transaction.
A software licence for television or radio broadcasting shall lapse if the activity in accordance with a regular authorisation has not been started no later than six months after the beginning of the authorisation period or if regular broadcasting is Suspended for a longer period of 30 days. Operations may be considered to be valid only if it is carried out on all frequencies or areas authorised by the authorisation. The communication agency shall inform the concession holder of the concession. If the frequency or frequency range of the software licence is changed and no activity has been started no later than six months after the date of entry into force of the change in the affected area, the software licence shall lapse in so far as As amended.
The licensing authority may grant an authorisation to derogate from the provisions laid down in paragraph 1 where there is a particular reason for the conditions of operation. The concession holder shall apply for a derogation from the authorisation authority before the expiry of the period laid down as a condition for the expiry date.
The concession authority which issued the programme authorisation may withdraw or withdraw the authorisation if:
(1) the software concession holder has repeatedly and seriously infringed the provisions of this law, or the authorisation conditions referred to in Articles 27 or 37;
(2) the concession holder no longer has sufficient financial resources to fulfil its obligations, taking into account the nature and extent of the activity.
In addition, in the event of withdrawal, the concession holder, in spite of the invitation, shall not, within a reasonable period of at least one month, correct the procedure or make sufficient financial resources available again.
The licensing authority may withdraw the software authorisation if the concessionaire transfers authorisation to a company other than the same group as provided for in Article 30 (1) and (2).
The licensing authority may withdraw or withdraw the authorisation if it is necessary due to the change in the frequency plan for the spectrum allocated to the licensed activity.
If the software concession holder is declared bankrupt, the authorisation shall cease to be valid immediately.
The concession holder may waive the authorisation by notifying the authorised authority before the end of the concession period.
The operation of radio activities on the analogue terrestrial platform requires a software licence. A software licence is requested from the Communication Office.
An analogue radio operation with a duration of up to three months may be carried out without a software licence. In addition, a small, limited range of radio activities may be carried out without a software licence.
Broadcasting Corporation is allowed to conduct a public service analogue broadcasting without a software licence within the meaning of Article 7 of the Law on Public Radio Oy.
The Communication Agency shall publish a notification of software licences to be applied for analogue radio operations, when radio activities requiring a software authorisation have been assigned to radio frequencies free of charge pursuant to Article 96. At the same time, the Communication Office shall indicate the time limit within which the licence applicant shall submit an application to the Communications Office.
The application shall include:
(1) the name, contact details and domicile of the applicant;
2) a description of the planned duration of operations;
(3) a statement of the applicant's solvency and ability to carry out regular radio activities;
(4) apply for frequency or frequency; and
5) a description of the envisaged area of alerts.
The communication agency shall grant the software licence referred to in Article 34 to the applicant if:
(1) the applicant has paid the application fee provided for in Article 285;
(2) the applicant is financially sound and has an obvious ability to operate under a regular software licence;
(3) there is no reason for the applicant to doubt that it is in breach of the provisions of this law.
When preparing a decision, the Communications Office shall consult and cooperate with the Ministry of Transport and Communications.
Where, for all applicants meeting the conditions provided for in paragraph 1, there is no adequate allocation of spectrum or the granting of a software licence may have significant effects on the overall development of the communications market, the Council of State Grant authorisation. The communication agency shall publish the information and at the same time inform the applicant of the transfer to the competent authority. Within two weeks of the transfer, the applicant may submit an application, accompanied by the planned programme, to the Council of State.
The State Council must settle the matter within the time limit laid down in Article 25 (4).
The State Council shall, taking into account the full range of radio activities carried out in the concession area, aim to promote freedom of expression and to safeguard the diversity of the software supply and the needs of the general public in a way which is best suited to: 1. -the objectives set out in the §
The licensing authority shall grant software licences for a limited period of up to 10 years.
The software licence shall provide for the frequency range in which the concessionaire may engage in the activities of the concession.
The State Council may attach conditions to the software authorisation for regional coverage and daily transmission time.
In addition, the Government may attach conditions which are necessary for programming, versatility and safeguarding the needs of the specific groups of the general public.
In addition, Article 29 of the modification of the software licence, Article 30, Article 31, lapsing, Article 32 and Article 33 of the software concession shall apply to the conduct of analogue radio activities.
It is the duty of the Authority to ensure that the public service broadcaster has access to the spectrum of the radio network provided for by the Council Regulation on public service activities, as provided for in Article 95 (1), and that The company may use them appropriately.
The possession and use of radio transmitters shall require a radio licence issued by the Agency, unless otherwise provided for in this Article.
Radio licences for the use of electronic communications services shall be issued within six weeks of the transmission of all relevant documents to the Communication Agency. On the basis of Article 40 of the Radio Authorisation, the Communication Office may extend the six-week period by a maximum of eight months if it is to ensure fairness, reasonableness or transparency of the application procedure, , or for any other specific reason. The extension of the time limit shall be made public.
No radio licence shall be required for the possession and use of a radio transmitter, provided that the radio transmitter is operated only by a joint frequency by the communication agency and its conformity has been verified as provided for by this law. The Agency may adopt provisions limiting the use of such a radio transmitter, which are necessary for the efficient and appropriate use of spectrum and for preventing or removing interference.
A communication agency may order that the possession and use of a radio transmitter as referred to in paragraph 3 shall be preceded by a registration declaration valid for a maximum period of five years before its entry into service.
There is no need for radio licence to hold a radio transmitter if the radio transmitter is permanently rendered technically incapable of radio communication, or if it is otherwise clear that the purpose of possession is not to use the device for radio communication.
The communication agency shall lay down the provisions of the authorisation, other justification or the right to use a radio transmitter, issued by the competent authority of the other country, for authorisation as referred to in paragraph 1.
Defence forces and border guards do not need radio licences for the exclusive possession and use of a radio transmitter for military defence.
On 14 June 1985 between the Governments of the States of the Benelux Economic Union, the Federal Republic of Germany and the French Republic on the gradual abolition of checks at their common borders, For the purposes of Article 41 of the Convention implementing the Schengen Agreement (Treaty Series 23/2001), or for the possession and use of a radio transmitter to be used for monitoring over the border referred to in Article 40.
A representative of a foreign State does not need a radio licence for the possession and use of a radio transmitter to be used for a national or working visit if the possession and use of a radio transmitter has been communicated to the Communications Office and the structure of the radio transmitter has been The information requested by the Communications Office.
The provision of radio licences for civil servants within the meaning of the Tampere Convention on the provision of telecommunications resources to the alleviation of major accidents and to rescue operations (SopS 15/2005) does not require a radio licence for the rescue operations referred to in the Agreement, and The possession and use of a radio transmitter for the relief of major accidents where the possession and use of a radio transmitter has been communicated to the Communications Office and the radio transmitter structure and the intended use of the radio transmitter; The information requested by the Communications Office.
The radio license is issued by the Communications Department. The application shall contain the information requested by the Communication Office for the processing of the application.
Where the granting of an individual radio licence may have an impact on the overall development of the communications market, the Communication Office shall consult and cooperate with the Ministry of Transport and Communications when preparing a decision. If the granting of a radio licence can have significant effects on the overall development of the communications market, the State Council will issue a radio licence.
The licence shall be issued for a maximum of 10 years. For the purposes of the authorisation referred to in Article 6, the radio transmitter or the digital television and radio activities referred to in Article 22 or the analogue radio operation referred to in Article 22 or of the analogue radio operation referred to in Article 22 However, the radio licence for the radio transmitter shall be issued for a maximum of 20 years.
For the purposes of an auction procedure provided for in Article 11 of the Act, the Office shall issue a radio licence after the authorisation holder has completed the concession fee provided for in Article 287 The first instalment.
The operator who has been awarded a radio licence for activities within the meaning of Article 34 (2) for a maximum period of three months may be awarded a new radio licence for a partial overlapping area at the earliest after two months. The end of the previous authorisation.
Radio licences shall be issued for a limited number of radio activities within the restricted area referred to in Article 34 (2) for a maximum period of one year.
Subject to paragraphs 2 to 4 of this Article, a radio licence or a frequency allocation meeting the conditions set out in Article 44 shall be granted if:
(1) it is applied for in the frequency band which, in accordance with Article 95 (1) of the Council Regulation or the Order of Communications pursuant to Article 96 (1), has been assigned to the use referred to in the application;
(2) where technically appropriate radio frequencies are available for use or to be reserved for the applicant;
(3) the conformity of the radio transmitter is ensured; and
(4) There are no reasonable grounds for suspecting the applicant to infringe the provisions of the radio communication, the provisions or the conditions attached to the radio licence.
Where the applicant's prior radio or frequency reservation concerning the same legal team as the application for a new authorisation or reservation is not outstanding, non-payment of a limited amount of payment, authorisation or reservation may be waived.
Where the purpose of the applicant is to carry out the licensing activities referred to in Article 6, the television broadcasting activities referred to in Article 22 or the radio activity referred to in Article 34 or the radio frequency reserve referred to in Article 34 shall not be applicable: If the applicant does not have the necessary network or software licence.
Where a radio licence or reservation of radio frequencies may be granted only for a limited number of applicants due to the scarcity of radio frequencies, it shall be granted to those applicants whose activities best contribute to the objectives of the law laid down in Article 1.
The applicant or the holder of the radio licence or, where appropriate, the other telecommunications undertaking shall also be obliged to provide the Communications Office with the information required for the authorisation decision referred to in Article 4 (4).
The Agency may attach conditions necessary for the efficient and appropriate use of radio frequencies, the efficiency of the communications market and the prevention or elimination of radio interference. In addition, the Agency may stipulate that the radio licence shall be kept in the immediate vicinity of the radio transmitter.
The conditions for the authorisation of a radio transmitter posing a high risk of interference may stipulate that the consignment may not be put into service until such time as the communication agency has approved the introduction. The Communications Agency shall determine the types of radio broadcasting which are considered to pose a serious risk of disturbance and shall lay down more precise rules on their verification procedure and on the adjustment of transmitters and other comparable adoption Conditions.
For the purposes of Article 95 (1) of the Office for Communications pursuant to Article 39 (3), representatives of telecommunications companies and users of communications services must be given an opportunity to express their views on the granting of a radio licence for public telecommunications, And of the Order of the Communication Office pursuant to Article 96 (1) prior to its adoption. The representatives of telecommunications companies and users of communications services shall be given an opportunity within one month to submit their views on the amendment of a provision, decision or provision. In exceptional circumstances, the period of one month may be waived. If the proposed changes are minor and have been agreed with the radiolone holder, there is no obligation to consult.
Before applying for a radio licence, radio frequencies necessary for the use of a radio transmitter may be requested if it is justified by the design or implementation of the radio system or where it is necessary to obtain prior information on the acquisition of a radio transmitter. Radio frequencies available.
The frequency allocation shall be granted for a maximum period of one year. The reservation shall lapse when the radio licence provided for in Article 39 is issued for the use of the radio transmitter provided for in Article 39.
The frequency reserve is issued by the Communications Office. The application shall contain the information requested by the Communication Office for the processing of the application.
The Agency shall issue the network authorisation referred to in Article 6 and the software licence holder referred to in Article 34, including the entry into force of the authorisation without application.
If the radio licence for the software concession provided for in Article 6 or the software concession provided for in Article 34 shall cease to be valid when the authorisation is still valid, the frequency reservation shall be re-entered into force without an application.
The Agency may renew the radio licence issued by the radio operator without a radio licence holder's application for a maximum period of 10 years, if the authorisation holder has given his written consent to the renewal.
The Agency may not renew the radio licence if the conditions for the authorisation of the radio licence provided for in Article 41 are not fulfilled or the conditions for the withdrawal of the radio licence provided for in Article 49 are fulfilled.
The Agency may, in the case of a radio licence, amend the permit conditions without the consent of the holder of the authorisation, provided that it is necessary for the change of the radio frequency set, the frequency provisions or the international In the light of contractual obligations, or where justified by the blocking or deletion of radio interference or the use of the priority use of the radio spectrum band.
The terms and conditions of the radio licence may also be modified if necessary in the economic or technical conditions of a telecommunications undertaking operating on the market, as referred to in Article 6 (1). , or due to the outcome of a new telecommunications company on the market, or the need to reorganise the use of radio frequencies due to other changes in the market conditions.
The conditions of the radio licence may be changed upon application by the radio licence holder. Where the holder of a radio licence for the provision of electronic communications services is seeking a change to the terms of the radio licence, the communication agency shall inform the radio operator, before issuing a decision, of the impact of the review carried out by the Communication Office Radio licence, while giving the holder of the radio licence a reasonable time limit for the application to be withdrawn.
Where the technology used for the provision of electronic communications services is not expressly provided for in the licence, the concession holder shall, before commencing operations, inform the Communications Agency of the technology to be used online. If the concessionaire changes the technology used, it shall inform the Communications Agency before the change is carried out.
Radio authorisation for activities other than those requiring a non-network or software authorisation shall be transferable. However, radio navigation may prohibit the transfer of an authorisation if the use of a radio transmitter requires a certificate of competence referred to in Article 265 or the transfer of an authorisation may have significant effects on the overall development of the communications market.
The transmission shall be notified without delay to the Communications Office. The Communications Office may, within one month of receipt of the notification, reject the transfer of the radio licence if it is clear that the conditions for the exclusion of the radio licence provided for in Article 41 are satisfied.
The transfer of a radio licence shall not be deemed to be transferable to the person to whom the authorisation holder rents or otherwise provides for the temporary use of its radio transmission. The authorisation holder is responsible for the fact that the radio transmitter is used in accordance with the permit conditions.
If the holder of the authorisation is absorbed by the Companies Act (1024/2006) For another limited company, the radio licence shall be transferred to the receiving company. If the business of the authorisation holder to which the radio licence relates, the radio licence shall be transferred to the recipient. Where the holder of the radio licence is declared bankrupt and the administration of the bankruptcy proceedings immediately informs the Communications Office that the bankruptcy of the company will continue to operate the licence holder's business, the radio licence shall be passed on to bankruptcy.
The communication agency may cancel, in whole or in part, a radio licence or radio frequency reservation if:
(1) in spite of the measures provided for in Articles 330 to 332, the authorisation holder, despite the measures provided for in Articles 330 to 332, is in a serious or repeated manner in breach of this law or of any provisions or provisions adopted pursuant to it. Or materially infringes the obligation to pay for radio or radio frequencies;
(2) the authorisation holder, on purpose or negligence, to send a radio transmitter to the (39/1889) Article 34 (10) Or otherwise interfere with the safety radio communication;
(3) the authorisation holder does not use the radio spectrum addressed in the authorisation and does not use them within a reasonable period set by the Communication Agency;
(4) radio transmitters use radio frequencies in an inappropriate way because of their technical characteristics;
(5) The conditions referred to in Article 96 (6) for secondary use of the frequency band in use by the holder of the authorisation are not met;
(6) the software licence for television and radio activities shall cease to be valid;
(7) the network authorisation referred to in Article 6 ceases to be valid; or
(8) International agreements requiring Finland are required to be withdrawn.
The decision to set the time limit referred to in paragraph 1 (3) shall not be subject to an appeal.
On application by the radio spectrum operator, the Agency may decide to take measures to protect a fixed radio reception station from interference if the decision can be taken without producing any other radio frequency users in relation to the benefit to be achieved Excessive economic or other damage.
A decision, valid for a maximum of 10 years at a time, may be subject to the conditions governing the structure, location and use of the protected status. The decision may be withdrawn or altered if the circumstances in which the decision is taken are substantially altered.
The communication agency shall at regular intervals define the relevant communication market, for which it conducts a market analysis in accordance with Article 52.
In order to clarify the competitive situation, the Communication Office shall carry out a market analysis of the relevant wholesale and retail markets. A market analysis shall be carried out not later than two years after the market share issued by the Commission in the case of a previously unspecified market and at least every three years in the case of a previously defined market. The three-year period may be extended by a maximum of three years if the Communication Office requests it from the Commission and the Commission does not prohibit it within one month from the request.
In the case of a cross-border market, the ficora shall, in its market analysis, cooperate with the Member State of the European Economic Area (hereinafter referred to as the EEA State , the regulatory authority.
By its decision, the Office shall impose a company on a significant market power if, on the basis of a market analysis, it is found that, on a given market alone or in combination with others, any economic influence which To a large extent independent of competitors, consumers or other users. A company which has significant market power in a given market may also be regarded as having the same position on the adjacent markets if the undertaking is able to expand its market power from the first market to: In close contact with the market, thereby strengthening its market power in this market.
The Communication Agency shall amend a significant market power decision if, on the basis of market analysis, significant changes in market conditions are identified. The Agency shall, by decision, remove from the company significant market power in a given market where, on the basis of market analysis, it is found that the company no longer has significant market power within the meaning of paragraph 3.
By its decision, the Agency shall set out the obligations referred to in Articles 56, 61 and 65 and the obligations referred to in Chapter 10, if necessary in order to remove obstacles to competition or to promote competition, The relevant market.
The obligations referred to in paragraph 1 shall be proportionate to the objective pursued and shall, in particular, take into account:
(1) the technical and financial relevance of the right to use, taking into account the degree of market development and the quality of the right of use;
(2) the feasibility of access, taking into account the available capacity;
(3) data protection and data security requirements;
(4) investments and risks made by a significant market power company;
5) the need to safeguard competition in the long term;
(6) relevant intellectual property rights;
7. The provision of European services.
In its significant market power decision, the Communication Agency shall assess the effects of the obligations imposed on undertakings on the market.
The communication agency shall amend the decision referred to in paragraph 1 where relevant changes occur in the cases referred to in paragraphs 1 or 2 or in the competitive situation of the market.
In order to safeguard effective competition within the meaning of Article 2 (2), the communication agency shall impose additional obligations necessary to ensure effective competition within the meaning of Article 2 (2). On the basis of the market analysis of the retail market, it concludes that there is no competition in the defined retail market and the obligations imposed on the company with significant market power are not sufficiently conducive to competition. Retail markets.
In order to achieve the objective referred to in paragraph 1, the Communication Agency may provide that a company with significant market power in the retail market shall not:
(1) charge excessive prices;
(2) prevent market access or restrict competition by unjustified low-cost pricing;
(3) favour certain users in an inappropriate manner;
(4) bind a particular product or service to other products or services.
The additional duty imposed must be proportionate to the objective pursued.
The communication agency shall amend the decision referred to in paragraph 1 in the event of significant changes in the competitive situation of the market.
By decision, the Office may, by way of decision, impose on the undertaking referred to in Article 57 (2), under the conditions laid down in this Act, the right to transfer the right to use in accordance with Article 57, or The obligations laid down in Articles 67-69, 72 and 74 relating to the interconnection of, or interconnection of, Article 62.
The obligations imposed shall be objective, transparent, proportionate and non-discriminatory.
The communication agency shall amend the decision referred to in paragraph 1 where relevant changes occur under the conditions required for the imposition of the obligation.
By means of a decision pursuant to Article 53, the Office may impose an obligation on undertakings with significant market power to give reasonable access to a communications network or to a communications network or communications service Ancillary activity or ancillary services. Such access may include an obligation:
(1) transfer access to the communications network and parts of the network;
(2) transfer access to the capacity of the communications network;
(3) provide co-location and other forms of joint deployment of ancillary activities, including access to the right of access to ducts, equipment facilities and radio stations;
(4) transfer the right of access to ancillary services enabling the provision of a communications network or a communication service or supporting the provision of services through that network or service;
(5) provide mobile network roaming activities and other services necessary to ensure interoperability of the head services to the user;
(6) enable the use of telephone services provided by another telecommunications undertaking and by telephone, by means of a selection code, and by means of a pre-selection which may be passed through a selection code if necessary;
(7) give up the right of use referred to in paragraph 1, which is deemed reasonable, to be considered reasonable.
The Agency may attach conditions to the obligation to surrender the right of use referred to in paragraph 1.
However, the obligation referred to in paragraph 1 shall not be required where the supply of access leads to a threat to data protection or national security or is technically inappropriate or otherwise unreasonable for the undertaking.
On the basis of a decision pursuant to Article 55, the Office may impose, on the basis of a non-significant market power, the obligation to dispose of the right to use:
(1) to the other telecommunications undertaking in or part of the subscriber, to the transmission capacity of the local loop or to the transmission capacity of the local loop for the purposes of dual use, and to a low level of equipment, where the telecommunications operator controls the communications network of the users; and The imposition of an obligation is necessary to ensure the interests of users;
(2) the electronic programme guide for digital television or radio where it is necessary to ensure that information on digital television and radio broadcasting within the scope of the transfer obligation referred to in Article 227 is communicated to the public; Available in the electronic programme guide;
(3) the television or radio programming interface, if necessary to ensure that digital television and radio broadcasting covered by the transfer obligation referred to in Article 227 may be connected to the existing The programming interface;
4) cable or radio station antenna and related equipment if the construction of a parallel cable network or radio tower is not appropriate for the protection of the environment, nature conservation or land-use planning; Or any other such comparable reason.
For the purposes referred to in paragraph (1) (4), the Office may impose the lease obligation on the place of charge referred to in paragraph 1, on the basis of the criteria referred to in that paragraph, to the undertaking other than the telecommunications undertaking, if the company rents the place of origin and the Related equipment space for any telecommunications company.
However, the obligation referred to in paragraph 1 shall not be required where the supply of access leads to a threat to national security or data protection, or is technically inappropriate or otherwise unreasonable for the undertaking.
A communication agency may oblige a network undertaking to allow another telecommunications undertaking to co-use or co-exist in the event of an investment by a network company:
(1) in accordance with Article 233, the telecommunications cable or radio tower, the related apparatus, the cable, the minor structure or the second-owned or controlled area of the pillar;
(2) Article 233, as referred to in Article 233, to the establishment of the mobile network, the related equipment or cable to the building; or
3) For the purposes of Article 236, the equipment necessary for the buildings or structures.
A communication agency may impose an obligation under paragraph 1 if construction or investment cannot otherwise be arranged satisfactorily and at a reasonable cost. In addition, the obligation to set the obligation shall be subject to the condition that it does not prevent or restrict unduly the use of the network undertaking.
If the parties do not agree to the costs of sharing or co-existence in parallel, the Agency may provide for the sharing of costs.
Notwithstanding the obligation imposed under Articles 56 or 57, there shall be no obligation if the subject of the right of use is used by a telecommunications undertaking or an undertaking within the meaning of Article 57 (2), or is necessary for its own reasonable future For.
Interconnection The physical and operational integration of the different communication networks to ensure that users have access to the communications network and communications services of another telecommunications undertaking.
The network undertaking is obliged to negotiate in good faith with another network company for interconnection.
By means of a decision pursuant to Article 53, the Office may impose an obligation on a significant market power to connect the communications network with another telecommunications network ( Obligation of interconnection ). In this case, it shall negotiate interconnection with another network on terms which do not conflict with the obligations set out in that Decision.
In addition to the interconnection obligation referred to in paragraph 1, the Office may impose an obligation to make services interoperable with the services of another telecommunications company to the extent necessary.
The telecommunications company, to which the Communication Office has imposed an obligation to interconnection, shall comply with the provisions of Articles 63 and 64 if the content of the interconnection obligation does not otherwise be reached.
By decision of Article 55, the Office may impose on a telecommunications company:
(1) the obligation of interconnection in accordance with Article 61, where the telecommunications operator controls the communications network and the obligation to impose an obligation is necessary to ensure the interconnection of communications networks; and
(2) In addition to the interconnection obligation referred to in paragraph 1, the obligation to make its services interoperable with the services of another telecommunications company to the extent necessary.
The interconnection of networks shall be made at the point indicated by the network undertaking requesting the interconnection, unless it is technically inappropriate or disproportionate for the obligation of interconnection.
Interconnection shall be carried out as quickly as is technically possible.
The compensation to be paid by the incumbent telecommunications operator for the use of the telephone network of the network company requesting interconnection shall not be disproportionate.
Voice communication abroad must be channelled through a long-distance service chosen by a telecommunications company providing international telephone services.
Each general international telephone service must be accessible to all local telephone services.
In order to establish a link between a telecommunications company and another telecommunications company, a telecommunications undertaking must charge a telecommunications company separately for the use of a network for the use of a telephone network ( Rising traffic ) And the connection shall be formed:
(1) the free number; or
2) the service number or the national subscriber number.
By means of a decision pursuant to Article 53, the Office may impose an obligation on a company with a significant market power to charge a separate charge other than the rising traffic referred to in paragraph 1.
In order to establish a link between a telecommunications company and another telecommunications company, a telecommunications undertaking must charge a telecommunications company separately for the use of a network for the use of a telephone network ( Declining transport ).
The reimbursement of the interconnection of telephone networks by the compulsory interconnection telecommunications company shall not depend on the amount of communication transmitted.
In the decision on the obligation to supply and interconnection, the Office may impose technical obligations and the use of the obligation to dispose of the undertaking referred to in Article 57 (2). The conditions necessary for the technical implementation of the right of transfer.
By a decision pursuant to Articles 53 or 55, the Office may impose a non-discrimination obligation on the telecommunications undertaking and the undertaking referred to in Article 57 (2).
The duty of non-discrimination Means the obligation to respect pricing ( Non-discriminatory pricing ) Or condition ( Non-discriminatory condition ), which treats telecommunications companies in a similar situation equally. Where a telecommunications undertaking or an undertaking within the meaning of Article 57 (2) uses a particular service itself or provides it to its subsidiary or other entity, it shall provide such service on equivalent terms and equivalent to that of a competing To the telecommunications company.
By means of a decision pursuant to Articles 53 or 55, the Office may impose transparency obligations on the undertaking referred to in Article 57 (2), according to which the telecommunications undertaking must publish the right of access or Information relevant for interconnection, such as the terms of delivery of the service, the technical specifications, the price list and the contracts concluded in so far as they do not contain business secrets or confidential information.
If the undertaking referred to in Article 57 (2) is subject to the obligation of non-discrimination referred to in Article 68, it may be subject to the obligation to publish a reference offer on access or interconnection. The reference offer must be so identified that users of the right of access are not required to pay for products which are not necessary for the service provided.
Notwithstanding the provisions of paragraphs 1 and 2, the Communication Office shall oblige the company to publish a reference offer where the telecommunications undertaking is subject to the obligation to give access to or part of the communication network. Such a reference offer shall include at least the information relevant to the transmission of the right to use.
By a decision pursuant to Article 53, the Office may impose an obligation on the undertaking to unbundle the activities regulated by the accounts in the accounts of the other service provided by the telecommunications company where it is necessary to fulfil the obligation of non-discrimination Control.
The communication agency shall specify in its decision the products and services covered by the unbundling, the information to be settled by the unbundling procedure and the main features of the unbundling process.
The auditors of the telecommunications company shall carry out a review of the unbundling calculations and give a separate opinion to the telecommunications company.
Separation calculations and the auditor's opinion shall be forwarded to the Communications Office.
By a decision pursuant to Article 53, the Office may impose obligations on a significant market power company in respect of access to and interconnection pricing, if the market analysis in accordance with Article 52 shows that there is no market Effective competition and that a company with significant market power therefore has the possibility to maintain a price too high, or to engage in price pressure in a manner detrimental to the users of communications services.
The obligation referred to in paragraph 1 may relate to the pricing and price of the regulated product or service. The Communication Office may impose an obligation on a company with significant market power to comply with the right of access or interconnection:
(1) cost oriented pricing;
(2) pricing based on the retail price; or
3) fair and reasonable pricing.
Cost-orientated price means a price that is reasonable taking into account the costs of an efficient operator for the production of a regulated product or service. In order to determine the cost-oriented price, account may be taken of the price level prevailing on the corresponding competitive market.
Where the obligation referred to in paragraph 2 (1) complies with the cost-oriented pricing, the Communication Office may also oblige the undertaking to comply with the pricing of the regulated product or service The maximum price specified by the Agency in advance. The maximum price may be set if the pricing of the pricing obligation would cause serious injury to the relevant market and the obligation referred to in paragraph 2 (1) cannot be considered sufficient to remove obstacles to competition or to competition In this market. The maximum price may be set at a maximum of three years.
The charging obligations referred to in paragraphs 1 to 4 shall:
(1) promote the efficiency of the communications market and promote sustainable competition;
(2) produce benefits for users of communications services;
(3) be reasonable in relation to the objectives pursued;
(4) encourages the company to invest in the future; and
(5) to allow a fair return on the capital subject to regulated activities.
By decision of Article 55, the Office may impose an obligation on the undertaking referred to in Article 57 (2) to comply with the provisions of Article 71 (2) to (2) (2) to (5). Pricing obligations, where this is necessary in order to secure the supply or interconnection of the right of use.
Where a telecommunications undertaking or a company referred to in Article 57 (2) or Article 196 has the obligation imposed by this law or by a decision of the Communication Office to pricing, cost-oriented or non-discriminatory pricing, the company shall: When dealing with a pricing issue, the obligation to demonstrate that the price charged for the product or service is cost-oriented or non-discriminatory.
The fcc does not assess the conformity of pricing with retroactive effect.
In assessing compliance with the pricing obligation, the Agency shall not be bound by the principles of the company's cost accounting.
When assessing compliance with the pricing obligation, the Office may decide on the maximum amount of compensation to be recovered.
By means of a decision pursuant to Article 53 or Article 55, the Office may impose an obligation to use a cost accounting system for a telecommunications undertaking or an undertaking referred to in Article 57 (2) if it is necessary to impose a pricing obligation on the undertaking Control.
The company may choose its own cost accounting system. The company shall draw up a description of the cost accounting system to the Agency, indicating at least the cost categories and the rules according to which costs are allocated.
The Agency may provide more detailed provisions on the information to be collected by means of a cost accounting system and the description of the cost accounting system. The provisions may concern:
(1) information necessary to demonstrate the link between the cost accounting system and the pricing system;
2) the content and format of the description of the cost accounting system;
3) the submission of a description of the cost accounting system to the Communications Agency.
The company should choose the audit law (17/01/2015) To check the company's cost accounting system in the context of the company's audit. The auditor shall prepare a report on the inspection. The company shall submit a report to the Communications Office by the end of August following the end of August. (18/05/1235)
L to 1235/2015 Paragraph 1 shall enter into force on 1 January 2016. The previous wording reads:
The company should choose the audit law (209/2007) To check the company's cost accounting system in the context of the company's audit. The auditor shall prepare a report on the inspection. The company shall submit a report to the Communications Office by the end of August following the end of August.
The Agency may provide more detailed provisions as to what information and material the auditor's report shall contain. The provisions may concern:
(1) general information on the undertaking to be checked and the way in which the inspection is carried out;
(2) the material subject to the audit obligation;
(3) criteria for determining whether the company complies with its obligations;
(4) material supplied as an annex to the auditor's report.
The communication agency shall publish an annual report on how the cost accounting systems are operated in enterprises.
By means of a decision pursuant to Article 53, the Office may impose an obligation on the undertaking to separate any operational entity from the other business of the telecommunications undertaking if it has been found on the market in that network. Significant and persistent market failures, and the obligations imposed by Article 53 have had no effect on the competitive situation of the market.
The functional entity resulting from the separation shall offer its services on the same non-discriminatory terms both to its parent and to the competing telecommunications undertaking.
Before imposing a functional separation obligation, the Communication Office shall submit to the Commission a reasoned proposal for a decision which shall include at least:
(1) evidence of significant and permanent market failures in the relevant market;
(2) evidence that the obligations under Article 53 have had no effect on the competitive situation of the market;
(3) evidence that there are very few or no signs of a change in the competitive situation in the market within a reasonable timeframe;
(4) an analysis of the effects of the obligation on the communication market and on the undertaking subject to the obligation;
(5) a report on the exact content of the unbundling obligation;
(6) a list of the products and services subject to the unbundling obligation;
7) a report on the independence of the staff of the operational unit and on the control aspects of the telecommunications company.
A significant market power company shall inform the Communications Office in advance and without delay of its intention to transfer its local network or a substantial part of it to a separate business entity or a separate legal entity that has Different owner.
Upon receipt of the notification, the Communication Office shall carry out a new market analysis of the market related to the communications network in accordance with Article 52, where the supply has a significant effect on the relevant market.
A telecommunications company may require another telecommunications undertaking to make a reasonable pre-financing or guarantee for the transfer or interconnection of the right to use.
Under Article 61 or 62 of the Accession Treaty, a telecommunications company that has concluded the Accession Treaty is obliged, according to the choice of another telecommunications company, to provide a cost-oriented and non-discriminatory price The payment of the fees or the information necessary for the collection of charges by another telecommunications undertaking. A reasonable transitional period shall be provided for the telecommunications undertaking which has signed the Accession Treaty before the telecommunications undertaking providing the communications service starts charging.
Information on the subscriber's order number shall be transferred during the communication channel. Where the transfer of the subscriber number is not technically possible, the undertaking issuing the subscription contract shall be obliged to provide the information necessary for the billing to another telecommunications undertaking or, where this is not possible, to collect the fees without payment.
The telecommunications company shall only use the information relating to the use of Chapter 7, Chapter 9, and the second telecommunications undertaking received under Article 79, only for the purpose for which they have been entrusted to the telecommunications company. Information can only be processed by those who need information in their work. Information must be processed in such a way that business secrets of another telecommunications company are not compromised.
A telecommunications undertaking which, in accordance with paragraph 1, causes injury to another telecommunications undertaking, shall be obliged to compensate for the damage resulting from the conduct of the procedure.
A company which, in breach of its obligations under Articles 53 to 55, is acting intentionally or negligently shall be liable for the damage caused to another telecommunications undertaking.
The compensation shall cover the costs of the compensation, the difference in prices and any other direct financial damage caused by the activities referred to in paragraph 1 of the telecommunications undertaking.
Compensation may be settled if full compensation is considered to be unduly impregnated by the nature of the infringement, the extent of the damage, the circumstances of the parties and other circumstances.
The right to compensation shall lapse unless the claim for compensation has been initiated within three years of the date on which the undertaking was informed or should have been informed of the occurrence of the damage.
When dealing with the compensation referred to in paragraph 1, the Court may request the opinion of the Communication Office.
The Communication Agency shall provide the Commission and the Body of European Regulators for Electronic Communications (berec) with an opportunity to deliver its opinion within the month before the EEA State trade:
(1) a market definition which differs from the Commission's recommendation;
2) market analysis;
3) a significant market power decision;
4. The decision referred to in Article 76.
The communication agency shall postpone the adoption of the decision referred to in paragraph 1 for a period of two months if the Commission declares that it considers it to be contrary to the law of the European Union. Within six months of the notification by the Commission, the Communications Office shall withdraw or amend its decision referred to in paragraph 1 if the Commission so requests.
Where the Communication Agency amends the proposal for a decision referred to in paragraph 1, at the request of the Commission, the Communication Office shall reserve the possibility to give its opinion on the amended proposal for a decision to those parties whose rights or interests are concerned. When taking a final decision, the Communication Agency shall also take due account of the opinions referred to in paragraph 1. The communication agency shall notify the Commission of the decision.
The communication agency shall provide the Commission and the Body of European Regulators for Electronic Communications (berec) with an opportunity to deliver its opinion within the month before the decision affecting trade between the EEA States by which the Communication Office Impose, on the basis of significant market power or on any other basis, the obligations referred to in Chapters 8 to 10, with the exception of a decision based on Article 57 (1) (4) or Articles 58 or 76.
If the Commission declares that it considers that the proposal for a decision referred to in paragraph 1 of the fiche will constitute a barrier to the single market or seriously doubt that the draft Decision of the Communication Office does not comply with European Union law, The communication agency shall postpone its decision for a period of three months from the Commission's notification. In this case, the Agency shall continue to prepare the decision in cooperation with the Commission and the Body of European Regulators for Electronic Communications.
Within the period referred to in paragraph 2, the Office may amend or withdraw its proposal for a decision. If the Communication Agency amends or maintains its proposal for a decision, the Commission may issue or withdraw the notification referred to in paragraph 2 of the draft Decision. The communication agency shall communicate its final decision to the Commission and to the Body of European Regulators for Electronic Communications within one month of the adoption of the decision. However, the deadline may be extended if necessary to hear the parties concerned.
If the Communication Office decides not to amend or withdraw the decision despite a recommendation from the Commission, it shall state the reasons for its decision.
Market analysis, market analysis and the decision of the Communication Office to make significant market power and telecommunications obligations incumbent upon the Commission and the Body of European Regulators for Electronic Communications If the measure is:
1) urgent;
(2) necessary to safeguard competition and the interests of consumers;
(3) temporary; and
4) proportionate to the objective pursued.
The communication agency shall forward the measure referred to in paragraph 1 without delay to the Commission and to the Body of European Regulators for Electronic Communications.
General service Means the provision of universal telephone services and appropriate internet access to a given permanent place of residence or location, as well as the provision of a universal numbering service and a telephone directory.
The communication agency shall, by its decision, designate one or more telecommunications companies or information services as a universal service provider if it is necessary to guarantee the provision of the universal service in a given geographical area. The nomination procedure shall be effective, impartial, transparent and non-discriminatory. A company with the best conditions for the provision of the universal service shall be designated as a public service company.
The communication agency shall amend the decision referred to in paragraph 2 if material changes are made in the case of a decision based on the decision.
The telecommunications company, which has been designated as a universal service provider for public telephone services within the meaning of Article 85, is obliged to provide, irrespective of the geographical location, at a reasonable price for the average user. The connection to the public communications network at the place of residence or location of the user or the subscriber. The company shall provide the subscription within a reasonable period of time.
The offer to be offered must be such that everyone, including the disabled, can use emergency services, call and receive domestic and foreign calls and use other conventional telephone services.
The decree of the Council of State lays down specific requirements for people with disabilities. Before adopting the Regulation, the Communication Office shall, where appropriate, draw up a report.
The Agency may provide more detailed provisions on how the interface is technically feasible or what technical characteristics must be associated with it, so that people with disabilities can also use it.
A telecommunications company which has been designated as a universal service provider within the meaning of Article 85 as a universal service provider is obliged to provide, irrespective of the geographical location, at a reasonable price for the average user. The connection to the public communications network at the place of residence or location of the user or the subscriber. The company shall provide the subscription within a reasonable period of time.
The service offered shall enable all users and subscribers to have an appropriate internet connection, taking into account the contact speed, technical feasibility and costs available to the majority of users and subscribers.
The Ministerial Decree of the Ministry of Transport and Communications provides for a minimum speed of Internet access. Before the adoption of the Regulation, the Communication Office shall, where appropriate, draw up a report on the market for data transmission services, the speed and technical development level in use by the majority of users and the majority of subscribers, as well as an assessment of regulatory economic The impact on telecommunications companies.
The Communication Agency may provide more detailed provisions on how the interface is technically feasible or what technical characteristics need to be connected.
The universal service provider may also provide services within the meaning of Articles 86 and 87 by means of several subscriptions, provided that it does not result in excessive costs for the subscriber and the user.
The universal service provider shall provide a natural person with the possibility to pay the remuneration for the construction of the connection referred to in Articles 86 and 87 in several instalments. A universal service company may only refuse its obligation if the refusal is a weighty criterion relating to the ability of the natural person who is the subscriber.
A universal service company shall have the right to refuse to conclude an agreement with a subscriber pursuant to Articles 86 and 87 if the subscriber has been indicted or convicted during the last year in favour of a telecommunications company Debt disruption, or where the subscriber has outstanding and undisputed debts arising from the use of the second interface offered by the universal service provider.
The company which has been designated by the Agency in accordance with Article 85 by means of a directory service or a telephone directory service as a universal service provider is obliged to make available to users and subscribers a general, comprehensive and average user From the point of view of affordability, or telephone directory services.
Telephone directory services may be provided in printed or electronic format and shall be updated at least once a year.
The Agency may provide more detailed provisions concerning the technical measures necessary to fulfil the obligation referred to in paragraph 1.
A network company which has been designated as a universal service by the Communication Office within the meaning of Article 85 shall be obliged to provide the service company designated as a universal service provider with the network service needed to connect to the communications network Cost-based price.
The universal service provider shall communicate its universal service obligations in an appropriate manner and provide its universal service products and services.
The universal service provider shall publish the information and material provided for the universal service products and services in such a way that they are easily accessible to subscribers and users.
The communication agency shall monitor the pricing of the universal service, compare it with the overall price level of communication services and assess the pricing of the universal service in relation to the overall level of consumer prices and the general income of the population.
Net cost of universal service Means the costs incurred by the provision of the service which the universal service company cannot be covered by the revenue generated by the service.
If it is obvious that the provision of the universal service constitutes an unfair financial burden for a universal service undertaking, and the universal service company so requires, the Communication Office shall calculate the net cost of the universal service.
When calculating the net costs, the Agency shall not be bound by the information provided by the universal service provider or the principles used in its cost accounting.
The public service undertaking shall, upon application, be reimbursed by State resources part of the net cost of the universal service, which is considered to be a source of unduly financial burden, taking into account the undertaking:
(1) size of the undertaking;
(2) the quality of business;
(3) the turnover of the company's telecommunications, numbering service or telephone directory services; and
(4) other similar items referred to in paragraphs 1 to 3.
The reimbursement of the costs referred to in paragraph 1 shall be decided by the Ministry of Transport and Communications on the basis of a net cost statement drawn up by the Agency. The retroactive payment shall be made for a maximum period of one year from the date of the application.
The General Council Regulation lays down general principles for the use of the spectrum referred to in paragraph 3. The use of spectrum suitable for the provision of communications services shall be subject to technical and service neutrality.
However, the Regulation referred to in paragraph 1 may derogate from network and communication services:
(1) technology neutrality:
(a) avoid harmful interference;
(b) protect the public from electromagnetic fields;
(c) the technical quality of the services, the collective use of spectrum or the public interest objectives; and
(2) service independence:
(a) to guarantee the safety of human life;
(b) social, regional or geographical cohesion;
(c) to avoid the inefficient use of spectrum;
D) to promote cultural and linguistic diversity and media pluralism.
The Council Regulation, referred to in paragraph 1, lays down the frequency plan:
(1) frequency bands for the network authorisation referred to in Article 6;
(2) the frequency bands referred to in Articles 22 and 34 for the broadcasting of television and radio activities;
(3) the frequency bands referred to in Article 96 (5);
(4) frequency bands for product development, testing and education; and
5) frequency bands for public service television and radio activities within the meaning of Article 7 of the Law on Public Broadcasting.
Before the State Council adopts the frequency plan, telecommunications companies, public radio Oy and other user groups in the frequency bands shall be given an opportunity to be consulted on the frequency plan. The State Council shall review the frequency plan if additional frequency bands may be allocated to the public service or the concession activity referred to in paragraph 3, or if the entity referred to in this paragraph presents a review , a reasoned request.
The Order of the Communication provides for the use of radio frequencies for different uses, taking into account the international rules and recommendations on the use of radio spectrum and the Government Decree adopted pursuant to Article 95 (1). The order shall contain information on the use of the frequency range and on the main radio characteristics to be met by the radio device using the frequency band.
The Communications Agency shall review the provisions adopted pursuant to paragraph 1 in the case where more spectrum may be allocated to the concession activity referred to in Article 95 (3) or if the telecommunications undertaking or other categories of users in the frequency bands are representative Authority to submit a reasoned request for review.
When ordering the use of radio spectrum suitable for the provision of electronic communications services, the Communication Office shall respect technical and service neutrality.
The provision referred to in paragraph 1 may derogate from network and communication services:
(1) technology neutrality:
(a) avoid harmful interference;
(b) protect the public from electromagnetic fields;
(c) the technical quality of the service, the collective use of spectrum or the public interest objectives; and
(2) service independence:
(a) to guarantee the safety of human life;
(b) social, regional or geographical cohesion;
(c) to avoid the inefficient use of spectrum; and
D) to promote cultural and linguistic diversity and media pluralism.
The Communication Office shall cooperate with the Ministry of Transport and Communications when preparing the provisions adopted under paragraph 1. Where a provision on the use of an individual frequency range may have significant effects on the overall development of the communications market, the frequency plan for that band shall be established by the Council of Ministers pursuant to Article 95 (1) Regulation.
In order to promote the sharing of radio frequencies or other legitimate reasons, the Office may authorise the use of a radio frequency band provided for in the Council Regulation adopted pursuant to Article 95 (1), or Radio communication, other than its intended use, where other radio communication is without prejudice to the use of the band for its primary uses and does not cause disturbances to the frequency band; Radio communications for the purposes of use.
This law shall apply to the radio equipment of Finnish vessels, aircraft and objects sent into space even when they are outside the territory of Finland.
The Communication Agency's order shall provide for radio frequencies to be used for the development of radio waves other than radio equipment used for scientific, industrial, medical or other purposes other than the radio device, and conditions, According to which the device must be used.
By order of the Agency, the structure and use of the radio ham radio station shall be subject to the provisions to be followed for radio ham communications and for the diversion of consignments, the detection of consignments and the one-kilter For sending.
Radio licence, provided for by Article 40 and in Article 44, the certificate of competence referred to in Article 265, the certificate of competence referred to in Article 266 and the radio station identifier pursuant to Article 304 (1) (5) Decision, may be signed mechanically.
The Order of the Communication provides for Finland to be divided into the telecommunications regions.
The division of telecommunications must be appropriate. In particular, in the case of telezones, account shall be taken of the number of telecommunications in a given area and its orientation, the technical structure of communications networks and the most efficient use of numbers.
Telephone numbers and symbols shall be taken into account:
(1) clarity and effectiveness of numbering; and
2) international obligations on numbering and symbols.
The Agency may issue more specific provisions for numbering. The Agency may determine which numbers and identifications may be used and used for the purposes of telecommunications. In addition, it may specify the geographical area of numbers and symbols.
Internet domain names are regulated separately.
The Communications Agency shall decide on the numbers and symbols to be made available to telecommunications companies and other persons.
Numbers and symbols shall be distributed in such a way that the quality and extent of the activity is treated equally, taking into account the nature and extent of the activity.
The communication agency shall take a decision on the allocation of the number or symbol ( Numbering decision ) Within three weeks of receipt of the application. However, if the number or symbol has exceptional economic value, the numbering decision may be taken within six weeks of receipt of the application.
For the purposes of the numbering decision, the holder may be required to make the number available within a reasonable period.
The numbering decision may be made for a limited period of time or for the service provided. The Agency may, in the numbering decision, stipulate that the number shall be used for the provision of a specific service, and shall prescribe other conditions necessary to ensure the clarity and effectiveness of the numbering of the numbering and to ensure the interests of users.
The Agency may, by decision, withdraw the number or code of use if:
(1) the holder of the rights to use the number or symbol shall not pay any fee related to the numbering decision;
(2) the number or symbol is used in contravention of the numbering decision; or
(3) the number or identifier has not been put into service within a reasonable time by the numbering decision or the use of the number or its use, and the holder of the rights of use of the number or symbol does not, in spite of the request, rectify the procedure within a month.
The right of use of the number or symbol may also be withdrawn if the cancellation is another reason for the clarity and effectiveness of the numbering and the very weighty reason relating to the benefit of the users, and the holder of the rights to use the number or symbol has been given the opportunity to: Make its views known within a period of one month. Consultation is unnecessary if the authorised company has ceased trading or the holder of the right of use has ceased to exist for another reason.
The company shall, without delay, ensure that the subscriber who made the contract with the telecommunications company may, if he so wishes, transfer his telephone number to another undertaking when switching the service provider. The duration of a fixed-term communication service contract related to a telephone number does not exempt the undertaking from the obligation to transfer the number. In the case of a fixed telephone network, the obligation to transfer is only valid if the transfer takes place within a telecommunications area.
The company shall not charge the subscriber to the transfer of the telephone number. However, the one-off costs incurred by the transfer may be recovered from the receiving telecommunications company. However, the compensation shall not be so large that it prevents the use of the service. In an individual case, the Office may decide on the maximum amount of the lump sum.
The telecommunications undertaking does not have the obligation to transfer the telephone number referred to in paragraph 1 between the fixed telephone network and the mobile network.
Telephone network operator is obliged to contribute to the availability of a universal, comprehensive and free information service on the transferred telephone numbers.
The Agency may issue a number of technical provisions on the number portability.
The provisions of the Agency may relate to:
(1) telephone numbers which, for technical reasons, are exempted from the obligation to transfer;
(2) the technical implementation of the transferability;
(3) guidance on the call to the transferred number;
(4) the organisation of an information service on mobile telephone numbers;
(5) other technical conditions for portability of the number referred to in paragraphs 1 to 4.
A telephone network operated by a telephone network is obliged to contribute to ensuring that the EEA States can be consulted on non-geographic numbers in Finland if technically and economically feasible.
A telecommunications undertaking does not have an obligation under paragraph 1 if the recipient of the call has, for commercial reasons, restricted telephone calls from certain geographical areas.
The Agency may lay down more detailed provisions concerning the technical measures necessary to fulfil the obligation referred to in paragraph 1.
Telephone network operator is obliged to contribute to ensuring that users are able to call abroad using the general international standard 00.
The Agency may lay down more detailed provisions concerning the technical measures necessary to fulfil the obligation referred to in paragraph 1.
For the purposes of the communication service contracts with the consumer, the telecommunications company shall draw up and use standard contract terms and contracts with the consumer. Contracts shall not be subject to unfair terms or restrictions for the consumer. The terms of the contract shall be drawn up in a clear and comprehensible language.
The telecommunications company shall publish its standard contract terms and price lists for communications services in such a way that they are easily accessible without compensation.
A communication service contract between the telecommunications company and the subscriber shall be made in writing.
The contract shall specify the name and contact details of the telecommunications company. The contract shall include at least:
1) the date of entry into force of the agreement, the period of validity and any renewal procedure;
(2) the quality, characteristics and types of service to be provided; Internet access services are also mentioned in the range of data transfer speed;
3) the time of delivery of the communication service;
(4) the procedure for terminating the contract and the grounds for dismissal;
(5) penalties for error or delay;
(6) how to inform the subscriber;
(7) the rights of the subscriber and user in the event of a change in contract terms;
(8) the pricing criterion for services or the price ceilings applicable;
(9) the right of a subscriber to obtain information on the formation of his invoice;
(10) the right of the subscriber to make a reminder;
(11) penalties for non-payment;
(12) the right of the telecommunications company to terminate the provision of a service or to restrict the use of the service;
(13) the limit of use referred to in Article 112 (1) and instructions on how the consumer can monitor the accumulation of invoices;
(14) whether the interface is capable of using emergency services and whether the location of the connection holder can be located in emergency situations;
(15) information on the procedures for determining and modifying telecommunications in order to avoid overload of the network connection;
(16) information on how the procedures referred to in paragraph 15 may affect the quality of the service;
(17) providing customer services;
(18) restrictions on the use of terminal equipment to be delivered;
(19) the ability of the subscriber and user to choose whether to include his contact details in the telephone directory, and what contact information the subscriber wants to include;
(20) the payment methods and the resulting price differences;
21) what measures can be taken by a telecommunications company at risk of information security.
The contract shall also mention the right of the consumer to bring a dispute concerning the contract to the Consumer Centre.
The communication service contract shall be valid for the time being, unless otherwise agreed.
The telecommunications company may conclude a fixed-term contract with the consumer for a maximum period of 24 months. Where a telecommunications undertaking offers a longer than 12-month contract, the consumer shall also be offered an opportunity to conclude a 12-month contract.
The telecommunications company may not continue the fixed-term contract with a new contract without a new written agreement with the subscriber.
The Internet access provider shall not restrict the ability of the subscriber or user to access the internet access service except:
(1) in a clear and comprehensive manner, in order to achieve the quality of the Internet connection service, as defined in the communication service contract, in order to achieve the essential characteristics of the transmission speed or other essential features of the service;
(2) on the basis of a decision by the authority or the court;
(3) in order to provide information security and remedy the disturbance, as provided for in Articles 243, 272 and 273, or by any other law which is equivalent to them;
4) to meet the quality standards referred to in Articles 243 and 244 of the Internet Liaison Service and other means of communication.
The restrictions referred to in paragraphs 1 and 4 of paragraph 1 shall be carried out in a non-discriminatory manner and shall not:
(1) limit the appropriate use of the Internet access service;
(2) prevent or restrict the ability of the subscriber or user to use the applications and services they wish;
(3) unduly obstructs the transport of Internet access services.
The Internet access provider shall provide for the marketing of the service and by other means that the subscriber and user have sufficient information on the potential material effects of the restrictions referred to in paragraph 1 Use.
The Agency may provide more detailed provisions on the assessment of the restrictions and procedures referred to in this Article and their use to ensure the adequate availability and quality of the Internet access service.
The Agency may, by decision, oblige the provider of the Internet access service:
(1) implement the necessary procedures to prevent the harm referred to in paragraph 2; or
(2) refrain from using procedures and restrictions which cause a disadvantage within the meaning of paragraph 2.
When adopting provisions and decisions under paragraphs 4 and 5, the Agency shall take into account the overall quality of the Internet access services available to users, the price and characteristics of the service.
A housing limited company, a real estate company or a comparable entity which owns or manages a fixed communications network between internal or several properties which is connected to the public communications network is obliged to: The right to use, on non-discriminatory terms, the right of access to the available capacity of the internal communications network of the real estate or group of real estate groups for the transmission of the subscriber to the subscriber's terminal equipment.
The telecommunications company or the consumer may set a reasonable euro operating limit for the telephone line.
The telecommunications company may require an advance payment or a guarantee from the consumer only at the time of the conclusion of the contract and only if there is a specific reason for foreseeable insolvency or other comparable circumstances. The advance payment or the security shall not exceed the sum of the payments made available for the services provided before the telecommunications undertaking can prevent the use of the communication service on the basis of a default.
If the telecommunications company links the main docking and communications service contract with the purchase price of commodities ( Switch-over ), the telecommunications company must provide a similar communication service to the subscriber without the main docking.
Consumer protection shall be indicated in the marketing process (38/1978) in Chapter 2, Article 12 , including the total amount of additional costs incurred by the consumer in connection with the transaction.
The telecommunications company must not be allowed to use the connection of another telecommunications company in a connected terminal equipment. At the request of the consumer, the barrier shall be terminated as soon as the contract ceases. The unloading of the Estonia shall not be charged to the consumer.
The telecommunications company shall, to the detriment of the consumer, amend the fees and other contract terms in force to the detriment of the consumer only:
(1) on the grounds specified in the terms of the contract, if the content of the contract as a whole does not materially change;
2) on the basis of a change of legislation or decision of the authority.
In addition, the company has the right to make minor changes to the contractual terms of the current communication service contract, which have no impact on the substance of the contract.
The terms of the fixed-term communication service contract shall not be changed to the detriment of the consumer of the contract period. However, any modification of the contractual terms shall be permitted where the need for change is due to changes in legislation or decisions of the public authorities.
The telecommunications company shall inform the subscriber of any change in the terms of the contract, their content and the reasons for the change not later than one month before the amended conditions enter into force. The telecommunications undertaking shall at the same time inform the subscriber of the right to terminate its contract immediately if the subscriber does not accept the amended contract terms.
The telecommunications undertaking shall have the right to close the communication service or to restrict the use of the communications service if the subscriber has not paid any outstanding amount due to the communication service.
However, there is no right of closure or restriction if:
(1) the amount due is less than eur 50;
(2) the amount due is linked to the receipt of a service other than the communication service;
(3) the amount due is paid within two weeks of the sending of a payment order;
(4) the consumer shows that there is a non-payment due to an illness, unemployment or any other comparable consumer, which is independent of the consumer, and the amount due is paid within one month of sending a request for payment;
5) the subscriber makes a reminder of the invoice before the due date and pays an uncontested portion of the invoice within the time limit.
The telecommunications undertaking shall also have the right to close the communication service if:
(1) the subscriber has been declared bankrupt or has otherwise been declared insolvent by the authority, and the subscriber does not place reasonable assurance;
(2) in spite of the invitation, the subscriber does not comply with the contractual conditions other than the payment contract; or
(3) the subscriber or user has been charged with the interference of data traffic in favour of the subscription.
The telecommunications undertaking shall also have the right to limit the use of the communication service if the user exceeds the limit referred to in Article 112 (1). The telecommunications company shall inform the user in advance of the restriction of its use while at the same time giving the user instructions on how to prevent its use.
The telecommunications company has the right not to connect the calls or otherwise prevent the use of a communications service, the obvious aim of which is the pursuit of unjust economic benefits and consisting of payments to the subscriber.
The above article, which provides for the right of a telecommunications company to prevent the use of a communications service, is without prejudice to the obligation of the telecommunications company to prevent the use of the communications service on the basis of a decision of the competent authority or court.
The subscriber may terminate the communication service contract orally or in writing. The subscriber is entitled at any time to terminate the contract currently in force within two weeks of termination. The subscriber shall be entitled to terminate the communication service contract immediately if the telecommunications company declares that it amends the terms of the contract to the detriment of the subscriber. If the change in contract terms is due to changes in the tax legislation, the subscriber does not have the right to terminate the fixed-term contract service contract.
The telecommunications company shall send a written confirmation of the notice of dismissal.
The telecommunications company shall terminate the communication service contract in writing.
In the case of a captive trade, the consumer shall always be entitled to terminate a fixed-term contract after two weeks' notice if he or she carries out the payments made at the time of the settlement and, if possible, Other agreed contributions.
In spite of the temporary nature of the contract, the consumer has the right to terminate the contract within two weeks after the termination of the contract if the consumer is in difficulties due to illness, unemployment or a similar cause, or Where the maintenance of the contract is disproportionate for any other particular reason. The telecommunications company shall not charge the consumer the fees for the contractual period which is not used by the consumer. However, the telecommunications company has the right to return the terminal equipment in connection with the coupling.
The subscriber may terminate the communication service contract by reason of the delay or error of the telecommunications undertaking if the breach of contract is material. The subscriber may terminate the communication service contract orally or in writing.
A telecommunications company shall have the right to terminate a communications service contract if:
(1) has been closed for at least one month under Article 115 and the conditions for closure remain valid; or
(2) the subscriber or user has been convicted of disrupting a communication service through a communication service.
The telecommunications company shall withdraw the communication service contract in writing.
The delivery of the communication service has been delayed if the service has not been delivered at the agreed time, and is not due to the subscriber or user or to the subscriber or user side.
The subscriber shall be obliged to pay contributions based on the communication service contract only, including when the connection is available. After the service is switched, the subscriber shall have the right to refrain from paying any part of the payment which is necessary to guarantee a standard fee based on delay and compensation for damages.
The subscriber shall be entitled to a standard payment where the delivery is delayed as provided for in Article 118. The standard fee shall amount to at least EUR 20 per week starting from each week, but not more than EUR 160.
However, there is no right to the standard remuneration if the telecommunications company demonstrates that the delay was caused by a barrier outside its scope which it could not reasonably be required to take into account when the contract was concluded and the consequences thereof Could not reasonably have avoided or won.
If the delay is caused by the person who has been employed by the telecommunications company to comply with the contract or part of the contract, the telecommunications company will be released from liability only if, under paragraph 2, this person is also free from liability.
The delivery of a communication service is a mistake if the quality of the communication service or the method of delivery does not correspond to what can be considered as agreed. The transmission of the communication service is invalid if:
(1) the communication service is not of a quality equivalent to the requirements set out in the Law or the Order of the Communication on the basis thereof;
(2) the transmission of the communication service is, for reasons other than that referred to in paragraph 2, continuously or continuously interrupted and the interruption cannot be considered to be minor in the light of the reasons and circumstances of the suspension; or
(3) the communication service does not correspond to the information given in marketing or otherwise deviates from what the subscriber normally has to assume in connection with the service.
The error of the communication service shall not be regarded as being temporarily interrupted by the telecommunications operator without the consent of the subscriber to suspend the provision of the communication service or to restrict its use for a period of up to 24 hours in the calendar month if the suspension is necessary For the construction or maintenance of the communications network or for information security. The interruption shall be made to the user as little as possible and at such a time as to minimise the inconvenience. The interruption shall be effectively communicated.
The company is obliged to correct an error or a repeat performance without incurving costs to the subscriber. However, the telecommunications company is not obliged to correct the error if it imposes excessive costs on the telecommunications company or undue disadvantage. In particular, the value of the error and the value of the performance should be taken into account when assessing the reasonableness of costs and the value of the performance if it is compatible with the agreement.
Even if the subscriber does not require the correction or renewal of an error, the telecommunications undertaking may, at its own expense, rectify an error if, when the subscriber notifixes an error, it is immediately offered to do so. A subscriber may refuse an adjustment if it would cause him a material disadvantage or a risk that the costs incurred by the subscriber will not be reimbursed or if there is another specific reason for such refusal.
The company shall not rely on the fact that it has not had the opportunity to rectify the error if the subscriber has corrected the error and, in the light of the circumstances, cannot reasonably be required to wait for the rectification of the telecommunications company.
In the absence of a correction or a new performance, or in the absence of such an adjustment within a reasonable period of time when the subscriber has notified an error, the subscriber shall be entitled to a defect in the corresponding price reduction.
The subscriber shall be entitled to a standard payment if the error in Article 120 is based on the suspension of the delivery. The amount of the standard credit shall not be less than EUR 20 from the starting week starting, but not more than EUR 160. If the subscriber is paid a standard credit, he shall not be entitled to the price reduction referred to in paragraph 1 as a result of the same suspension.
However, there is no right to a standard refund if the telecommunications company demonstrates that the suspension was caused by an obstacle to its effect which it could not reasonably be required to take into account when the contract was concluded and the consequences thereof Could not reasonably have avoided or won.
The subscriber shall be entitled to compensation for the damage suffered as a result of the delay in the supply or of the suspension or other error in the communication service. If the subscriber is entitled to the standard compensation referred to in Article 119, the right to compensation shall be limited to the extent to which the amount of the standard fee paid exceeds the amount of the compensation paid.
The telecommunications undertaking shall be liable for any indirect damage caused by the delay or suspension of the supply or any other misconduct of the communications service, only if the damage was caused by negligence on the part of the telecommunications company. The indirect injury shall be:
(1) the loss of a commission due to the delay, suspension or the resulting measures;
(2) damage caused by other contractual obligations;
(3) the material loss of the utility of the communications service, which does not directly cause economic damage, and the corresponding material disadvantage.
The subscriber may not rely on the delay if he does not report the delay to the telecommunications company within a reasonable time after the service has been provided. A subscriber may not rely on a defect if he does not report an error to the telecommunications company within a reasonable time when he or she has detected an error or should have detected it.
Without prejudice to paragraph 1, the subscriber may not rely on a delay or an error if the telecommunications company has acted negligently or in an undignified and undignified manner, or where the communications service is not responsible for the The requirements laid down in the order.
The telecommunications company shall, without delay, close the communication service or prevent its use if the subscriber, user, police, insurance company or other telecommunication service provider declares that the equipment used in the management of the communication service has disappeared, it is Unlawfully exercised or unlawfully exercised, and calls for the closure of or the blocking of the communication service.
The subscriber shall be responsible for the non-judicial use of the communications service only if the loss of the device, the unlawfulness of the latter or the inalienable use has been due to the carelessness of the subscriber or user, which is not mild.
The subscriber is not responsible for the non-lawful use of the communication service in so far as the communication service has been used after the subscriber or user has made the notification referred to in paragraph 1.
Where the equipment used for the management of the communication service has been used for the execution of a payment transaction (290/2010), (2), the liability of the subscriber shall be governed by the payment service.
At the request of a subscriber, a telecommunications service shall be opened by a communications service closed pursuant to Articles 115 or 125, or a restriction of use shall be lifted as soon as there is no longer any justification for the restriction of use or the closure of a communications service.
The telecommunications undertaking shall have the right to charge a reasonable fee for the opening of the communication service and the removal of the restriction of use. However, the fee shall not be charged for the removal of the restriction on use referred to in Article 115 (4).
A telecommunication company which, when providing a communications network or a part of a network, uses a communication service or charges fees on behalf of another telecommunications undertaking, shall, upon request, prevent the use of a communications service by another telecommunications undertaking if:
(1) it complies with the conditions laid down in Article 115; and
2) the telecom company cannot itself prevent its communication services from being used.
A consumer who has the right to deduct or to obtain a refund, damages or any other financial cargo from the trader as a result of this breach of contract shall also be entitled to the same right to the telecommunications undertaking which has invoiced Consumer of consumer goods. However, the company is not obliged to pay more to the consumer than it has received in the form of fees.
If the contract for consumer goods is terminated, the consumer may also appeal to the telecommunications company that has been invoiced by the consumer.
A telecommunications undertaking which has paid the consumer in accordance with this Article shall be entitled to the amount it has paid from the trader or from a telecommunications company holding an agreement with the trader.
The telecommunications company shall effectively and in good time inform subscribers:
(1) telephone network numbering changes;
(2) the procedures for measuring the performance of the communications network, which the telecommunications company has adopted in order to measure and modify telecommunications in order to avoid overcrowding;
(3) the impact of the procedures referred to in paragraph 2 on quality of service;
(4) details of products and services for the disabled;
(5) changes in the availability of the location of the emergency service or of the subscriptor.
By decision, the Office may impose an obligation on a telecommunication company or a number service provider to publish comparable and up-to-date information on the quality of the services provided by the undertaking.
The Agency's decision shall provide for the publication of the information and the manner of publication of the information.
At the request of the subscriber, the telecommunications company shall remove, free of charge, the automatic call made by the third party to the user's party.
The telecommunications company must provide a service by which the person who receives the call will be able to see the caller's number before answering the call. However, it must be possible to block the caller's number on the phone to the recipient.
The telecommunications company providing the connection identification shall provide the subscriber with a user-friendly opportunity to prevent:
1) identification;
(2) identification of incoming calls;
(3) the reception of incoming calls whose connection has been blocked, when technically and without excessive costs; and
4) the identification of the connection to which the incoming calls have been made.
The services referred to in paragraphs 1, 2 and 4 shall be free of charge to the subscriber.
The telecommunications company providing the connection identification shall provide the user with a user-friendly and free opportunity to block the identification of each outgoing call separately.
The telecommunications company shall inform the subscriber and user of the services provided for in this Article.
The telecommunications undertaking shall ensure that the inhibitions referred to in paragraphs 2 and 4 may be passed on to the receiving authorities in accordance with Article 321, in accordance with Article 321 or to the police, as provided for in Article 321. Information to be retained on the basis of Article 157 shall be provided only to those authorities which are entitled to do so under the law.
The Agency may issue technical provisions for the passing of an identification code referred to in paragraphs 2, 4 and 6.
A mobile telecommunications company shall provide the subscriber and the user with a free access to the charges for the use of the connection.
The telecommunications company is free of charge and without a request to discredit the subscription. The calculation of the calculation shall show at least the following items to be invoiced:
(1) local calls and network allowances for the calls referred to in paragraphs 2 to 4;
2) long-distance calls;
(3) international calls;
(4) mobile telephony;
5) basic payments;
(6) text messages, photo messages and other messages;
(7) datantransplantation services;
(8) additional payment services as provided for in paragraph 2.
For the additional payment services referred to in paragraph 1 (8), the telecommunications undertaking shall specify:
(1) the amount of the payment, the date and the beneficiary of the payment transactions referred to in Article 1 (2) (6) of the Payment Services Act, subject to the payment service;
(2) the amount of the charge, the date and the receipt of the connection between the payment of a service or a service which is not covered by the payment service only in the case of an automatic service and which, as a matter of priority, is incurred by the subscriber, other than Charges resulting from the use of the communications service;
(3) by type of service, other than those referred to in paragraphs 1 and 2, resulting from charges other than those resulting from the use of the communication service.
The information referred to in paragraph 2 shall not include information relating to communications relating to privacy.
At the request of the subscriber, the telecommunications company shall provide a breakdown of the invoice for free of charge. Subject to paragraphs 2 or 3, the breakdown shall be given to the subscriber so that the last three digits of the telephone number have been covered or otherwise not to identify the other side of the communication.
At the request of the user, the telecommunications company shall issue a breakdown by contact point. Where the number of subscriptions to the communication parties or the other identification details of the communication service have been fully identified. A user under 15 years of age represents his guardian. In addition, the representation of the child is governed by the law on the care of the child and the right of access (16,1983) . Other than the underage of the underage represent his trustees. Representation of the under-occupier shall be governed by the law of the guardianinstitution (442/1999) .
The contact details of the invoice shall not contain any information on the transmission of free services. The subscriber is entitled, upon request, to receive an unspecified invoice.
The Agency may provide more detailed provisions on the content and manner of the specification referred to in this Article.
At the request of the subscriber, the telecommunications undertaking shall, at the request of the subscriber, prevent the use of the subscriber's access to a non-communication service and access to a specific transport type if it is technically feasible. If the inhibition later at the request of the subscriber is removed, the telecommunications company may charge for the measure.
The Agency may provide more detailed provisions for the exit categories of the outgoing traffic which the subscriber must at least provide, the technical implementation of the blocking services and the price information of calls.
A telecommunication company shall have the right to prevent the use of a service other than the communication service if:
(1) the subscriber does not pay a fall due to a non-communication service two weeks after the sending request;
(2) the subscriber exceeds the limit of use referred to in Article 112;
3) it is necessary to prevent abuse or damage.
The telecommunications undertaking shall immediately inform the subscriber of the use referred to in paragraph 3.
The telecommunications company has the right not to combine telephone calls or otherwise prevent the use of a non-communication service, the obvious objective of which is the pursuit of unlawfully economic benefits and the payment of fees to the subscriber.
Unless otherwise provided for by law, the communication party may process its own electronic communications and related brokerage data.
Broadly speaking radio communication and its brokerage information shall be processed unless otherwise provided for by law. Such radio communications shall be considered as follows:
(1) broadcasting of television and radio software;
(2) distress calls;
(3) radio communication in the public broadcasting channel;
(4) radio ham communications;
(5) shortwave radio communication in the 27 megahertz band;
(6) radio communication, other than those referred to in paragraphs 1 to 5, intended for general reception.
Other electronic messages and brokerage information may be processed with the consent of the communication party or if so provided by the law.
Anyone who has received or otherwise received information from an electronic message, radio communications or brokerage information which is not intended for him shall not, without the consent of the communication, express or exploit the content of the message, brokerage information Or information on the existence of a message, unless otherwise provided for by law.
The processing of electronic messages and transmission data is only permitted to the extent required by the purpose of the treatment and shall not restrict the protection of confidential messages and privacy any more than is necessary.
Electronic messages and brokerage information shall only be disclosed to those who are entitled to handle the information in the situation in question.
After treatment, electronic messages and brokerage information shall be destroyed or brokerage information made in such a way that they cannot be combined with the subscriber or user, unless otherwise provided by law.
Electronic messages and brokerage information shall be processed only on behalf of a communication broker or subscriber, dealing with messages and brokerage information for the purposes laid down in this Chapter.
Electronic messages and brokerage information may be processed to the extent necessary for the transmission of communications and for the execution of the agreed service and for the purpose of providing information security as provided for in Article 272.
When providing the service referred to in paragraph 1, the supplier and the additional value added service provider shall inform the subscriber or user of the type of brokerage information to be processed and how long their processing takes place.
The intermediaries may process the brokerage information necessary for the determination and billing of their mutual payments.
The provider of the information society may process the transmission of image storage media, sound recordings and other payment services provided by the telecommunications network for the purposes of billing of image storage media, sound recordings and other charges. Information necessary for billing. The provider of the information society is entitled to receive this information from the telecommunications company.
The data relating to the determination of the invoice shall be kept for at least three months from the due date of the invoice or the recording of brokerage data, whichever is the later. However, the data shall no longer be kept after the receipt of the (2003) The statute of limitations. However, the data on the invoice as a result of the calculation of the invoice shall be retained until the matter has been settled or legally settled.
The communication facilitator shall inform the subscriber or user of the type of brokerage information which will be processed and how long it will take.
For the purposes of the marketing of own services, the intermediary may process brokerage information to such extent and as long as such marketing is required if the subscriber or user to whom the information relates has given its consent.
The authorising officer shall have the possibility to withdraw his consent for the processing of the brokerage information.
The intermediary may process brokerage information for the technical development of communication or communication services.
Before starting the treatment referred to in paragraph 1, the subscriber or user shall be informed of which brokerage information shall be processed and how long their processing will take. The notification may be one-off.
The communication intermediary may process brokerage data using automated data processing for statistical analysis if:
(1) the analysis cannot otherwise be produced without undue effort; and
2) the analysis cannot identify any individual natural person.
Paragraph 1 shall also apply to the right of a legal person to deal with the transmission of his/her connection and terminal equipment.
The intermediary may process the use of brokerage information for the purpose of detection, prevention and detection of the use of the payment service free of charge or other uses.
The Agency may provide more detailed provisions for the technical implementation of the processing of brokerage information referred to in paragraph 1.
The intermediary may process brokerage information where necessary for the detection, prevention or detection of a technical failure or error in the transmission of communications.
The communication facilitator shall record details of the processing of brokerage data in information systems which are essential for the protection of confidentiality and privacy, if technically and Without excessive costs. The information on the incident shall indicate the date, duration and handling of the processing. The event data shall be stored for two years from their storage.
The Agency may provide more detailed provisions on the technical implementation of the storage and storage referred to in paragraph 1.
The Community subscriber shall be entitled to consider brokering information concerning the unauthorised use of the information society service, the communications network or the communication service, or Article 11 of Chapter 30 of the Penal Code , as provided for in Articles 147 to 156 of this Law, in order to prevent and clarify the disclosure of corporate secrets.
The unauthorised use of a communications network or a communication service may include the installation of a device, programme or service in the communications network of the Community subscriber, the opening up of unlawfully access to the Community subscriber's communications network or communications service, or Any other use of a communications network or communications service if it is contrary to the guidelines referred to in Article 147 (3).
The right referred to in paragraph 1 shall not apply to the transmission of fixed or mobile telephony services.
Prior to the processing of brokerage information, the Community subscriber shall, in order to prevent unauthorised use of the information society service, communications network or communications service:
(1) limit access to and use of communication networks and communications services and take other measures to protect the use of its communication network and communications services through appropriate information security measures;
(2) specify the electronic messages which may be transmitted and applied by the communication network, as well as how the communication network and the communication service may otherwise be used and the type of communication addressed to the target address.
Prior to commencing the processing of brokerage information, the Community subscriber shall be responsible for the prevention of corporate secrets:
(1) limit access to business secrets and take other measures to protect the use and use of its communication network and communication services through appropriate information security measures;
(2) define the manner in which business secrets may be transferred, transferred, or otherwise processed, and to what kind of destination addresses the legitimate persons are not entitled to send electronic messages.
In order to prevent abuse referred to in paragraphs 1 and 2, the Community subscriber shall provide written instructions to the user of the communications network or communications service.
Prior to the processing of brokerage information referred to in Article 146 (1), the Community subscriber shall designate the persons to whom the processing of brokerage information falls or shall define those tasks. Avoidance data can only be processed through the maintenance and information security of the Community subscriber's communications network and the information security and security personnel.
If the Community subscriber is an employer covered by the cooperation legislation, he shall:
(1) consider the criteria and practices of procedures for the processing of brokerage information referred to in Articles 146 to 156 Chapter 4 (334/2007) And the Law on Joint Action in State Agencies and Institutions (1233/2013) And the Law on the interaction between employer and staff in the municipalities (1049/2007) Within the framework of the cooperation procedure;
(2) inform the employees or their representatives of the decisions they have taken on the processing of brokering information, in accordance with the provisions of the law on the protection of privacy in working life; (759/2004) Paragraph 2 provides.
Where the Community subscriber is an employer not covered by the common operating legislation, he/she shall consult the employees on the matters referred to in paragraph 2 (1) of this Section and inform the workers accordingly of the protection of privacy Article 21 (1) and (2) of the Employment Act.
Where the Community subscriber is not an employer, the Community subscriber shall inform the users of the procedures and practices to be followed for the processing of the brokerage information referred to in Articles 146 to 156.
The Community subscriber may process brokerage information by means of an automatic search function which may be based on the size of the messages, the aggregated size, type, quantity, contact line or destination addresses.
The Community subscriber may process manually if there are reasonable grounds for suspecting that the communications network, the communication service or the information society service are used in contravention of the guidelines referred to in Article 147 (3) and if:
(1) the automatic search function has identified an anomaly in the communication;
(2) the costs of using the information society services have risen to an abnormally high cost;
(3) a device, programme or service is detected in the communications network; or
(4) In an individual case, it can be concluded that the communication network, the communication service or the information society service are used for the purposes of Article 147 (3). Contrary to instructions.
The treatment referred to in paragraphs 1 and 2 shall be subject to the condition that the event or act is likely to cause significant injury or damage to the Community subscriber.
The procedure referred to in paragraph 2 shall, in addition, require the information to be necessary to identify the unauthorised use and the persons responsible and to put an end to the unauthorised use.
The Community subscriber may process brokerage information by means of an automatic search function which may be based on the size of electronic messages, aggregated size, type, quantity, contact line or destination addresses.
The Community subscriber may handle brokerage information manually, if there are reasonable grounds for suspecting that the business secret is a communication network or a communication service without unauthorised interference, and if:
(1) the automatic search function has identified an anomaly in the communication;
(2) the business secret shall be published or used without authorisation; or
(3) In an individual case, it can be concluded that the business secret has been unlawfully given to an outsider.
The treatment referred to in paragraphs 1 and 2 shall be subject to the fact that the exposure of a suspected business secrecy to business secrets, or technological or otherwise relevant to the business of the Community subscriber or its partner, is subject to the The results of the development work likely to be significant for the launch or operation of the economy.
In addition, the processing referred to in paragraph 2 shall be subject to the requirement for information to be disclosed and to the extent to which the company is responsible.
The automatic search shall not be applied and the brokerage data shall not be retrieval or processed manually. Article 20 of Chapter 17 of the Court of Justice The information referred to in paragraph 1. (12/06/2015)
L to 25/2015 Paragraph 1 shall enter into force on 1 January 2016. The previous wording reads:
The automatic search shall not be applied and the brokerage data shall not be retrieval or processed manually. Article 24 of Chapter 17 of the Court of Justice To obtain the information referred to in paragraphs 2 and 3.
In order to identify the disclosure of business secrets, the Community subscriber, as an employer, may only deal with the brokerage information provided by its users to which the Community subscriber has given or otherwise has access to a Community subscriber Corporate secrets.
For the purposes of Article 149 (2) and Article 150 (2), the Community subscriber shall draw up a report on the processing of manually transmitted data:
(1) the criterion, date and duration of the proceedings;
(2) the reason for the manual handling of brokerage data;
3) handlers;
4) the person who decided on the treatment.
The report shall be signed by the persons involved. The report shall be kept for at least two years from the end of the treatment referred to in Article 149 or 150.
The statement referred to in paragraph 1 shall be communicated to the user of the communications network or communications service which is the subject of the proceedings as soon as it may take place without prejudice to the purpose of the treatment. However, the report does not need to be provided to users whose brokerage data has been processed in a mass format so that the users' brokerage information has not been disclosed to the handler. The user shall have the right, without prejudice to a law or contractual obligation of professional secrecy, to disclose a statement and any information received in connection with it in order to address the issue of his or her interests or rights.
If the Community subscriber is an employer, it shall provide an annual report on the manual handling of the brokerage information referred to in Article 149 (2) and Article 150 (2), which shall indicate on what basis and how Several times the brokerage data have been processed in the course of the year.
The report referred to in paragraph 1 shall be provided to the trustor or, where no such person has been elected, to the contract of employment selected on the basis of a contract of employment or (55/2001), Chapter 13, Section 3 To the trusted trustee. Where employees in a staff group have not elected a trustees or a trustees, an explanation shall be given in respect of Article 8 of the Law on Joint Action or on the interaction between the employer and the staff in the municipalities The representative referred to in Article 3 of the Law, or the representative referred to in Article 6 (2) of the Law on Joint Action. If that is not the case, the report shall be provided to all employees in this category of staff.
Workers' representatives and the employees referred to in paragraph 2 shall keep secret infringements of the corporate secret and suspicion of infringement of the business secrecy throughout the duration of the employment relationship. The obligation of professional secrecy to be employed by the official and the other authority is in force, as laid down in the law on public authorities and elsewhere in law. The above provisions shall not prevent the transmission of data to the supervisory authority.
The Community subscriber shall inform the Data Protection Supervisor of the initiation of the processing of the brokerage information. The prior notification shall include:
(1) criteria and practices for the procedures for the processing of brokerage information referred to in Articles 149 and 150;
(2) the tasks referred to in Article 148 (1);
(3) the manner in which the Community subscriber has arranged for the treatment of the information referred to in Article 148 (2) (2) or (3).
The Community subscriber shall provide the Data Protection Supervisor with an annual review of the manual handling of the brokerage information. The report shall indicate on what basis and how many times the brokerage data has been processed in the course of the year.
Articles 146 to 154 shall not entitles the entity to retain any intermediary information in the register any longer than is otherwise permitted by law.
Notwithstanding the provisions of Article 137, the Community subscriber shall have the right to release to the police, in the context of a criminal complaint or a request for investigation, a communication network of the Community subscriber received in accordance with Articles 146 to 155, or The communication information on the electronic messages of the communication service user.
Notwithstanding the provisions of this Part, concerning the processing of brokerage information, by decision of the Ministry of the Interior ( The obligation to store ) Shall ensure, under the conditions laid down below, that the information covered by the storage obligation under paragraphs 2 and 3 is kept in accordance with the retention periods provided for in paragraph 4. The information to be kept shall be used only in the form of (806/2011) Section 6 of Chapter 10 (2) for the purpose of investigating and prosecuting the offences referred to in paragraph 2.
The obligation to retain information relates to information relating to:
(1) the provision of a mobile telephone network or SMS by a depository undertaking, including any calls made in which the connection has been made, but the call is not answered or the call is blocked due to a network management measure;
(2) the provision of an Internet telephone service by a depository undertaking, which means the service provided by the service provider to the final customers of a call based on Internet connection practice;
3) Internet access service provided by a depository company.
For the services referred to in paragraph 2 (1) and (2), the depositary shall be subject to the name and address of the subscriber and the registered user, the identity of the subscriber and the information to identify the communication service user and identify: The time and duration of the communication type, the recipient of the communication and the time and duration of the communication, including the transfers. In addition, in the service referred to in paragraph 2 (1), the obligation to store information shall relate to the identification of the device used for communication, and the location of the device and the connection used in it at the start of the communication. In the service referred to in paragraph 2 (3), the depositary shall be subject to the name and address of the subscriber and the registered user, the identification of the subscriber and the address of the subscriber, and the information to enable the communication service user to be identified, The equipment used for communication and the time and duration of the service. The information to be kept shall be limited to what is necessary in view of the technical implementation of the service, in order to identify the elements referred to in this paragraph.
The services referred to in paragraph 2 (1) shall be kept for a period of 12 months, the service referred to in paragraph 2 (3) and the services referred to in Article 2 (2) (2) for 6 months. Data retention period shall start from the time of the communication.
The obligation to retain does not concern the content of the message or the provision of information on the browsing of websites.
The obligation to retain is that the information is available and, in the context of the provision of publicly available communications services by a depositary, in accordance with this law or the Personal Data Act, (523/1999) To be produced or processed on the basis of.
Details of the information to be retained may be adopted by a Council Regulation.
The technical details of the information to be retained shall be laid down in the Order of the Communication Agency.
Before carrying out the depository obligation, the depositary shall consult the Ministry of the Interior on the needs of the authorities relating to the retention of data. The depositary shall decide on the technical implementation of the data retention. The data must be kept in a cost-effective manner. In addition, account shall be taken of the business needs of the depositary's business and the technical characteristics of the systems and the needs of the debtor authority. Data retention shall be sought in such a way as to ensure that more than one undertaking is not retained.
The Ministry of the Interior shall have the right to obtain from an outside service provider a system to which the information covered by the custody obligation may be transferred. The depositary shall also have the right to record the information which the processing of which has not yet been completed.
Article 247 shall apply to the obligation of the depositary to take care of the information security. The depositary shall designate the persons entitled to handle the information or tasks to be retained in which they may be processed. The depositary shall ensure that information on the storage and purpose of the data is available to the subscriber.
The information to be stored may be submitted to the Authority without undue delay. Where appropriate, the depositary shall cooperate with the network company in such a way as to ensure that the available information referred to in Article 157 is also stored, which is handled by a network company for the purpose of carrying out the service of a depositary.
Further provisions on the implementation of the data retention obligation may be laid down by the Government Decree.
The Agency may provide more detailed provisions on the technical implementation of data retention and data security.
The Ministry of the Interior shall provide the Parliamentary Ombudsman with statistics on the use of the information to be retained on the basis of this Act. The statistics shall include:
(1) the cases in which the information retained was submitted to the Authority;
(2) cases in which a request for information from the Authority could not be fulfilled;
(3) information on how long it took to store data stored in the Authority's request for information.
The Ministry of the Interior must take into account the statistics referred to in paragraph 1, including the police law. (872/2011) , by means of a law of coercion, or by any other law, in its reports on the use of telecommunications and interception of telecommunications.
Location data which may be linked to a natural person may be processed for the provision and use of the value added service if the subscriber or user to whom the information has given its consent or consent is unambiguously expressed Or if the law so provides.
Subject to the agreement referred to in paragraph 1, it shall not be possible to derogate from the rest of this law for the rights of the user and the subscriber to obtain location information.
Location data shall only be processed to the extent required for the purpose of the treated purpose and shall not restrict the protection of privacy any more than is necessary. After treatment, location information shall be destroyed or made in such a way that they cannot be connected to the subscriber or user unless otherwise provided for by law.
Location data shall only be processed in the service of the added-value service provider, as well as persons acting on its behalf, who are responsible for handling the location data in accordance with this Chapter.
Anyone who has received or otherwise received information about the location of information which is not intended for him shall not, unless otherwise provided for by the law, receive the consent to express or use the location information or information on its existence.
The provider of a value-added service shall ensure that the accuracy of the location data processed, the precise purpose and duration of the processing and the availability of the location information can be easily and continuously available. To a third party for the provision of value added services. The tenderer shall ensure that such information is made available before the consent referred to in Article 160 (1) is available.
The subscriber or user shall have the possibility of easily and without a separate payment to withdraw the consent referred to in Article 160 (1), unless otherwise provided for by law. Where it is technically and without excessive costs, it shall be possible to have easily and without a separate fee to temporarily prohibit the processing of location data.
The user shall have the right to receive, from the provider of the value-added service and the communication agent, the location information and brokerage information held by them, indicating the location of the connection or the location of the terminal equipment at a given moment.
The consent, prohibition and the right to information relating to the processing of location data shall be represented by his/her legal guardian. In addition, the representation of the child is laid down in the Act on the custody of the child and the right of access. Non-minor shall be represented by his trustees, unless this is impossible due to technical implementation of the service. The representation of the under-occupiers shall be governed by the law on the guardrail.
This Chapter applies to the country code of Finland ( Fi country code ) And the Province of Åland ( Ax-provincial emblem ) And related domain names and related domain names and domain names transmission.
What is provided for in this chapter from the domain name register maintained by the Agency shall also apply to the register of domain names ending in the ax-provincial identification code.
Article 163 enters into force on 5 September 2016.
The Agency shall maintain a register of domain names ending up in the fi-country code ( Domain name register ) And a database on the technical information of domain names for the purpose of directing Internet traffic ( Fi-just ).
Labels in the domain name register may only be made by the operator of the network identification report referred to in Article 165 ( Domain name broker ). However, for the purposes of the domain name management, the Agency may subscribe to single-digit and other domain names free of charge. The Agency may also make other entries necessary for the implementation of this law in the domain name register.
The domain name may be registered to a legal person, a private trader or any other entity or a natural person ( User of domain name ).
Article 164 enters into force on 5 September 2016.
Prior to commencement of its activities, the domain name shall be notified to the authority managing the domain name register. The notification shall include the identification, consultation and service e-mail address of the network identifier and any other information necessary for monitoring purposes.
Any changes in the information communicated by the Network Identifier shall be notified without delay to the Communications Office. The cessation of activities shall be notified to the Agency and to the customers at the latest two weeks in advance. The prohibition decision pursuant to Article 171 (2) shall be notified to the customers without delay.
More detailed provisions on the notification and content of the notification may be given by the Order of the Communication Office.
Article 165 enters into force on 5 September 2016.
The domain name shall contain at least 2 and not more than 63 characters.
The domain name does not appear at the time of marking:
(1) to respond to another protected name or mark, unless the domain user is able to present an acceptable justification for marking the domain name; or
2) Recalls another protected name or mark if the domain name is indicated for obvious benefit or damage.
The Agency may lay down provisions on the definition, format, length and permitted characters of the functionality of the domain.
Article 166 enters into force on 5 September 2016.
The domain name shall be entered in the name of the domain user. The network identifier shall enter in the domain name register the correct, up-to-date and personalised information on the domain user, as well as an e-mail address to be used for consultation and service.
The Agency may publish information on the domain name register on its website. The website and the name of the user can be published on the website. The transmission of data from the register shall otherwise be subject to the provisions of Article 16 of the Law on the operation of public authorities.
The domain name entered in the register shall be valid for a maximum of five years. The domain name shall be renewable for a maximum period of five years at a time.
The Agency may provide more detailed provisions on the technical implementation of the labelling and the information to be reported in the context of the labelling.
Article 167 shall take effect on 5 September 2016.
The domain user may transfer the domain name to another user during the period of validity of the domain. The roaming provider shall make the transfer within a reasonable time of receipt of the request. If the domain name is not transferred within a reasonable time, the Communication Office may make a transfer. The network code cannot be transferred if the deletion of the domain name is pending in the Communication Office.
The Agency may return the domain name to its original user if the domain name has been transferred to another without the consent of the user and shall request repair of the label, and the transferee does not submit an acceptable justification for the transfer within the time limit.
The domain user may switch to a domain dealer during the period of validity of the domain name. The network identifier shall take the measures required for the exchange within a reasonable time of receipt of the request. If the domain name is not transferred within a reasonable time to another domain registrant, the Communication Office may make a transfer.
The Agency may lay down rules on technical feasibility and time limits for the transmission and exchange of domain names.
Article 168 enters into force on 5 September 2016.
If the information referred to in Article 167 (1) is incomplete or incorrect and the information is not corrected within the time limit, the Agency may remove the domain name from the domain name register and the fi-root system.
The Agency shall remove the domain name from the domain name register and the fi-root user without consultation if the domain name period has expired.
If the holder of the right referred to in Article 166 (2) requests the deletion of the domain name, the Office may remove the domain name from the domain name register and/or mark the domain name of the domain name which is contrary to the provisions laid down in law, To the rightholder.
For a period of up to one year, the Agency may, for a period of up to one year, remove the domain name of the domain name without consulting the user of the domain name, if the domain user has applied for several other protected names or characters. Domain names, and the holder of the protected name or sign shall request the deletion of the domain name.
In general, the domain name deleted from the domain name register shall be released for a significant period of one month after the removal of the label.
The Agency may delete the domain name if the court has, by its final decision, prohibited the use of the label.
Article 169 enters into force on 5 September 2016.
The domain name shall be:
(1) provide, before listing the domain name, the necessary information in accordance with this law regarding the content and conditions of the domain name;
2) keep the information entered in the domain name register up to date;
(3) be able to enter data in the domain name register by means of a technical arrangement defined by the Communication Agency;
(4) inform the user of the domain name adequately and effectively of the end of the domain name;
(5) remove the domain name from the domain name register, at the request of the user, before the expiry of the period of validity;
(6) ensure the security of its activities;
(7) inform the Communications Office without delay, if the transmission of its domain names is directed or threatened by a breach of security, or any other event that prevents or disrupts it substantially; at the same time, it shall also indicate a disruption or The estimated duration and effects of the threat, the corrective measures and the measures to prevent recurrence of the disorder.
The Agency may give more detailed provisions concerning the information to be given to the user, the information security of the operation, when the disorder referred to in paragraph 1 (7) is significant and the content of the notification, the form and Delivery.
Article 170 enters into force on 5 September 2016.
The Office shall be responsible for:
(1) the management of the fi-land;
2) maintain and develop the 'fi' domain name;
(3) provide for the interconnection of the name servers and the interconnectors on the Internet;
(4) supervise the activities of network intermediaries;
(5) provide for the information security of the fi domain name;
6. Upon request, issue certificates and extracts from the domain name register.
The fcc may make a comment to the domain dealer if this infringes this law or any provisions, regulations or decisions adopted pursuant to it. In the context of this comment, the Agency may oblige the network identification broker to correct its errors or omissions within a reasonable period. If the error or omission is not remedied within the time limit, the Agency may prohibit a domain dealer for a period not exceeding one year in the domain name register of domain names or changes to them.
Article 171 shall take effect on 5 September 2016.
The Communications Agency shall have the right to take the necessary measures to detect any significant breach of security for use in the public communications networks or services to be carried out, or to the users thereof, In order to prevent, investigate and prevent a preliminary investigation. The Agency may take these measures without consulting the user of the domain.
The necessary measures referred to in paragraph 1 may be taken by means of measures to be taken against the name of the name server and may include:
(1) traffic avoidance or restriction to domain name;
(2) traffic control for domain name for another network address; and
(3) other technical measures equivalent to those referred to in paragraphs 1 and 2.
The measures referred to in this Article shall be carried out carefully and shall be measured in relation to the seriousness of the security breach. Those measures shall not restrict freedom of expression or the protection of a confidential message or privacy more than is necessary to safeguard the objectives referred to in paragraph 1. The measures shall be terminated if they are no longer subject to the conditions laid down in this Article.
Article 172 enters into force on 5 September 2016.
Chapter 21 shall enter into force on 5 September 2016.
The provisions of this Chapter shall not apply:
1) taxation;
2) Directive 95 /46/EC of the European Parliament and of the Council on the protection of individuals with regard to the processing of personal data and on the free movement of such data, and the processing of personal data and the protection of privacy in the electronic communications sector Issues covered by Directive 2002/58/EC of the European Parliament and of the Council (Directive on privacy and electronic communications);
(3) measures involving the exercise of public authority by public notaries and the professions;
(4) the proceedings of the Advocate-General or of the lawyer in the proceedings;
(5) for consideration in the form of remuneration.
Articles 174 and 175 shall not apply to:
1) copyright, related rights, intellectual property rights and rights, referred to in Council Directive 87 /54/EEC on the legal protection of designs of semiconductor products and on the legal protection of databases Directive 96 /9/EC;
(2) the issuance of electronic money where a Member State has applied an issuer to an electronic money institution for the taking up, pursuit and prudential supervision of the business of electronic money institutions, Directives 2005 /60/EC and The derogations provided for in Article 9 (1) of Directive 2009 /110/EC of the European Parliament and of the Council amending Directive 2006 /48/EC and repealing Directive 2000 /46/EC;
(3) Article 44 (2) of Council Directive 85 /611/EEC on the coordination of laws, regulations and administrative provisions relating to undertakings for collective investment in transferable securities (ucits) For the advertising of units of the UCITS;
(4) questions relating to the freedom of establishment, the free provision of insurance and the law applicable to the insurance contract;
5) the freedom of the parties to choose the law applicable to the contract;
(6) contractual obligations in consumer contracts;
(7) the mandatory provisions of the law of the State where the property is located, provided that the contract is created or transferred to the property;
(8) the admissibility of unsolicited commercial e-mails.
In the coordinated field Refers to the requirements of the legal order which the information society service provider must comply with when it begins and continues to operate, such as requirements concerning:
(1) declarations of competence, authorisation, registration or authority;
2) procedures, advertising and other marketing, quality of service and content, contracts or liability of the service provider.
An information society service provider established in another EEA State shall not impose any coordinated sector requirements limiting the provision of information society services in Finland. However, in accordance with their respective powers, the court or other competent authority may restrict the provision of a particular service if it:
(1) is necessary to maintain public order or security, to protect public health or to protect consumers;
(2) target a service that damages the objectives referred to in paragraph 1 or may seriously jeopardise their achievement; and
3) is proportionate to the objective pursued.
The restriction shall not be applied until the Member State of establishment of the service provider has been asked to take action, but the State of establishment has not taken any measures or measures. In addition, the restriction shall be notified to the Commission and to the State of establishment of the service provider prior to its implementation.
In cases of urgency, the restriction may be implemented without prejudice to the provisions of paragraph 3. The Commission and the Member State of establishment of the service provider shall be informed without delay of the restriction and the reasons for the urgency of the case.
Paragraphs 3 and 4 shall not apply to criminal investigations or to proceedings before a court.
The competent authorities of Finland shall ensure that information society service providers established in Finland comply with Finnish law in a coordinated field, even where the provision of services is directed exclusively or principally to another The EEA State.
In addition to the other information obligations laid down in the law, the information society service provider shall at least keep the following information available to the recipients and authorities of the service easily, immediately and continuously:
(1) the name of the service provider, the geographical address in the country of establishment, the e-mail address and any other contact information enabling the service provider to be contacted rapidly, directly and effectively;
(2) to which trade register or any similar public register the service provider may have subscribed, as well as the company and entity identification number of the service provider, or any other equivalent identifier in that register;
(3) the contact details of the relevant supervisory authority if the pursuit of the activity requires authorisation or registration;
(4) VAT identification number if the service provider carries out an activity subject to VAT.
In addition to the provisions laid down in paragraph 1, the regulated profession referred to in Directive 2005 /36/EC of the European Parliament and of the Council on the recognition of professional qualifications shall be made available The following information:
(1) a professional association or an equivalent entity to which the service provider belongs;
(2) the professional title and the Member State in which it was issued;
3) an indication of the professional rules applicable in the State of establishment and where and how they are available.
When providing information on the prices of goods or services, if the information society service is provided, they must be clearly and unambiguously given. The information shall indicate whether the tax and delivery charges are included in the price. The indication of the price of the consumer goods shall be regulated separately.
In addition to what other information obligations are laid down in the law, the information society service provider shall, before the recipient of the service, make an order to keep this information available in clear and comprehensible information, at least on the following points:
(1) the technical stages of the contract;
2) whether the service provider is recording the contract and whether it is available to the other party;
(3) technical means to identify and correct inlet errors before making an order;
(4) the languages in which the contract may be concluded;
(5) the relevant code of conduct followed by the service provider and where and how they are electronically accessible.
Paragraph 1 shall not apply to contracts concluded solely by means of an e-mail or a similar type of personal communication. The Agreement may derogate from the provisions of paragraph 1, except where the consumer is a party.
The provider of the information society shall make the contract terms available to the recipient of the service in such a way that the recipient can record and duplicate them.
If the order is made using the technical means, the information society service provider shall, without delay, notify the order of receipt by electronic means. An acknowledgement of receipt does not need to be submitted if the goods ordered are delivered without delay by electronic means.
The service provider shall provide the recipient of the service with appropriate, effective and easy-to-use technical means to enable the recipient to identify and correct the input errors before making an order.
Paragraphs 1 and 2 shall not apply to contracts concluded using exclusively e-mail or equivalent personal communication. The Agreement may derogate from the provisions of paragraphs 1 and 2, unless the consumer is a party.
The order and acknowledgement of receipt referred to in Article 179 shall be deemed to have been received when it is available to the party to which it is addressed.
If the contract is legally required in writing, the requirement shall also be met by an electronic agreement whose content cannot be unilaterally changed and made available to the parties. Where the contract is legally required to be signed, the electronic signatures shall apply. The provisions of this paragraph shall apply mutatis mutandis to the parties' declarations and other measures relating to the contractual relationship which, according to the law, must be written or signed.
Where, according to the law, the contract notice is required to be provided with evidence, the requirement may also be met by an electronic method which allows the recipient to appear to have received the notification.
Paragraphs 1 and 2 shall not apply to the trade or other extradition agreement or to the family or freezing agreement.
Where the information society service is made up of the transmission of the information provided by the recipient of the service on the communication network or the provision of a network connection, the service provider shall not be liable for the content or transmission of the data transferred if he does not:
1) be the originator of the transfer;
2) select the recipient of the shipment; and
3) select or other transferable information.
The transmission or transmission activities referred to in paragraph 1 shall consist of automatic, temporary and short-term storage of the transferred data, in so far as it relates exclusively to the transfer. And the duration of the recording does not exceed the reasonable time required for the transmission.
Where the information society service is made up of the transmission of the information provided by the recipient of the service on the communication network, the service provider is not responsible for the content or transmission of information on the content of an automatic, temporary and short-term storage With a view to enhancing the further transfer of information to other addressees of the service at their request, if he:
(1) no other information;
(2) respects access conditions;
(3) comply with the rules on the updating of the information, as defined in a widely accepted and used sector;
(4) does not intervene in the legal use of widely accepted and used technology in order to obtain information on the use of stored data; and
(5) act without delay in order to remove or prevent access to the information it has stored without delay, upon receipt of the factual information that:
(a) the information has been deleted from where it originally was online;
(b) it has been prevented; or
(c) the court or other competent authority has ordered the removal of or access to the information.
When the information society service covers the recipient of the service ( Content producer ) , the service provider shall not be responsible for the content or transmission of the information stored if he acts without delay after receiving the information he has stored:
(1) having regard to the relevant court order or, where the question is an infringement of copyright or related rights, after having received the notification referred to in Article 191;
(2) By the way, it is effectively informed that the stored information is apparently Chapter 11 of the criminal code Articles 10 or 10a, 18 or 18a of Chapter 17.
Paragraph 1 shall not apply where the content provider acts under the management or control of the service provider.
The district court may, on application by the prosecutor or the head of the investigating authority, or at the request of the court concerned, order the information of the information society service provider, as referred to in Article 184, to prevent access to the information stored if the information is: It appears that the provision of its content to the public or its transmission is punishable or as a basis for liability. The application must be addressed as a matter of urgency. The application shall not be accepted without reservation of the service provider and the content provider to be heard, unless the consultation cannot be provided as quickly as the urgency of the matter necessarily requires.
The order of the district court shall also be notified to the content provider. Where the content provider is unknown, the district court may order the information society service provider to provide for service.
The order shall lapse unless the content or transmission of the information to which it is subject is subject to an accusation or, when the question is liability, to bring an action within three months of the date of issue of the order. The district court may, at the request of the prosecutor, the plaintiff or the party concerned, extend this period by a maximum of three months.
The provider and the content provider of the information society shall have the right to seek the annulment of the order in the District Court in which the order has been issued. The matter of the abrogation of the order shall be followed In Chapter 8 of the Court of Justice Provisions. However, the court or tribunal shall take the necessary measures to consult the prosecutor. The application shall be submitted within 14 days from the date of receipt of the information by the applicant. The information shall not be made available again in the case of an abrogation case, unless the relevant court decides otherwise. The prosecutor is also entitled to appeal against the decision which has been revoked.
The application referred to in Article 185 shall be examined in the district court in which the information society service provider has its registered office. However, the application may always be examined in the Helsinki District Court. The district court also has a quorum when it has its own chairman.
Where an information society service provider has prevented access to information pursuant to Article 184 (1) (2), he shall immediately inform the content provider in writing or by electronic means that the content of the notification cannot be unilaterally And that it remains available to the parties. The notification shall state the reason for the inhibition and the fact that the content of the producer's right to refer the matter to the Court. The notification shall be made in the mother tongue, Finnish or Swedish of the content producer. The notification may also be made in another language agreed with the producer.
Within 14 days of receipt of the notification referred to in paragraph 1, the inward producer shall be entitled to refer the matter to the court referred to in Article 186. Paragraph 185 (4) shall be followed in accordance with Article 185 (4).
Articles 182 to 184 provide for the freedom of discharge of the information society service provider, without prejudice to the obligation of the service provider under another law to take the necessary action in respect of a court or other competent authority's order or decision Implementation.
The copyright holder or his representative may require the information society service provider referred to in Article 184 to prevent access to material infringing copyright as provided for in this Article and Articles 191 to 193. The same applies to the holder of the right of the district court and his representative, in the case of material infringing such rights.
The claim shall first be presented to the producer of the content by which the material is required. Where the content provider cannot be identified, or if he does not immediately erase or prevent access to the material, the requirement may be made by means of a notice provided for in Article 191.
The information society service provider shall indicate the contact point to which the notification referred to in Article 191 and the equivalent referred to in Article 192 may be transmitted. The contact point of the contact point shall be easily and continuously available.
A notification containing the requirement referred to in Article 189 shall be made in writing or by electronic means so that the content of the declaration cannot be unilaterally amended and maintained by the parties. The notification shall include:
1) the name and contact details of the notifier;
(2) as identified, the material that is required to prevent access and the location of the material;
(3) the declaration by the notifier that the material covered by the claim is, in his faith, unlawfully available on the communication network;
(4) information that the notifier has failed to present its claim to the content provider or that the content provider has not been identified;
(5) the declaration by the notifier that he is a copyright or related right holder or entitled to act on behalf of the rightholder;
6) signature of the notifier.
Notification which does not satisfy the requirements laid down in paragraph 1 shall be ineffective. However, where the information contained in the notification relates exclusively to the information referred to in paragraph 1 (2), the information society service provider shall take reasonable steps to reach the notifier and inform him of the deficiencies identified.
The provider of the information society shall immediately inform the content provider of the prevention of the supply of the material supplied by it, and shall forward to the content producer a copy of the notification on the basis of which the inhibition has been made.
Where the content provider considers that the eston is unfounded, he or she may recover the material by submitting a reply to the notifier in writing or in accordance with Article 191 by electronic means within 14 days of the notification. A copy of the response shall be provided to the service provider. The response shall include:
1) the name and contact details of the content producer;
(2) the facts and other reasons for which the inhibition is considered unfounded;
(3) as identified, the material whose inhibition is deemed to be unfounded;
4) signature of the content producer.
Where a response to the requirements laid down in Article 192 has been submitted within the time limit provided, the information society service provider shall not prevent the return and keeping of the material identified in the response, unless the provider and the content of the Or otherwise provided by a court or other authority.
Anyone who gives the wrong information in the notification referred to in Article 191 or in the defence referred to in Article 192 shall be liable for the damage resulting from it. However, the obligation to compensate is not or can be reconciled if the person providing the information had reason to believe that the information was correct or if the incorrect information had only a minor significance, taking into account the entire content of the declaration or response.
Telephone network operator is obliged to contribute to the availability of a universal, comprehensive and affordable number service for users.
The company shall ensure that the name, address and telephone number of the subscriber's subscriber to the telephone network shall be collected and published in a comprehensive and comprehensive manner; and In a reasonably priced telephone directory service.
The Agency may lay down more detailed provisions concerning the technical measures necessary to fulfil the obligation referred to in paragraph 1.
At the request of the telecommunications company and the contact information service provider, the contact information referred to in Article 195 (2) shall be handed over to another undertaking for the purpose of providing a contact information service. The contact details shall be disclosed:
1) in a useful form;
(2) cost-oriented price; and
3) on non-discriminatory terms.
The telecommunications and contact information service provider shall be required to publish information on the price of the transfer of contact information.
When processing the contact information, the provider of a contact information service shall not favour one telecommunications company at the expense of another telecommunications undertaking or otherwise operate in a discriminatory manner.
The provider of the contact information service shall have the right to process personal data for the formation of a contact information service and for its provision.
The telecommunications company and the contact information service provider shall enable the user and the natural person in the capacity of the subscriber to be easily and free of charge to prohibit the marking and communication of their data, in whole or in part, to the information service. At the request of the operator and the natural person acting as the subscriber, the telecommunications company and the contact information service provider shall, free of charge, remove and correct incorrect information.
The telecommunications company and the contact information service provider shall provide the company and the rest of the Community with the right of access to the contact information service and the right to have the information deleted and the incorrect information corrected.
The telecommunications undertaking shall inform the subscriber's natural person of the purpose and use of the contact information service available to the general public or via the contact information service. The notification shall be given to him free of charge before his information is entered in the service.
In addition, the provider of the telecommunications company and the contact information service shall ensure that sufficient details of the undertakings to which subscribers' contact details are disclosed in accordance with Article 196 (1) are readily available to subscribers.
Direct marketing by means of automated calling systems and telefax machines, e-mails, text messages, voice messages, voice messages or pictograms shall only be allocated to natural persons who are: Gave their prior consent.
Direct marketing within the meaning of paragraph 1 to a natural person may be exercised, unless expressly prohibited by it. A natural person shall be able to prohibit direct marketing within the meaning of this paragraph easily and free of charge.
Where a service provider or seller of a product receives a contact information, text message, voice message, voice message, or image of a natural person in connection with the sale of a product or service, the same service The tenderer or the seller of the product may, notwithstanding the provisions of paragraph 1, use this contact information for the direct marketing of products and services belonging to the same product group or otherwise. The service provider or the seller of the product shall give the natural person who is a client the opportunity without payment and shall easily prohibit the use of contact information for the collection of information and every e-mail, text, voice message, In the context of voice mail and pictogram. The service provider or the seller of the product must clearly be informed of the possibility of a prohibition.
The mobile telephone connection shall not be marketed to the consumer by telephone, except at the express request of the consumer.
Paragraph 1 shall not apply to the marketing of a telecommunications company to its own mobile telephone customers.
Direct marketing to the Community may be exercised unless it has expressly prohibited it.
The Community shall be given the possibility of easily and without a separate fee to prohibit the use of its contact details in connection with each e-mail message, text message, voice message, voice message and image message sent to the market for direct marketing. There must be clear information about the possibility of a prohibition on direct marketing.
The e-mail message, text message, voice message, voice message and image message provided for in Articles 200 and 202 shall be capable of being clearly and unambiguously identified as marketing.
The dispatch of an e-mail, text message, voice message, voice message and pictogram for direct marketing shall be prohibited:
(1) conceals or conceals the identity of the sender on whose behalf the message was sent;
(2) where there is no valid address to which the addressee may send a request for the termination of such communication;
3) which seeks to guide the recipients; Chapter 2 of the Consumer Protection Act To the non-compliant websites.
At the user's request, the telecommunications undertaking and the Community subscriber shall be entitled to prevent the direct marketing of direct marketing referred to in Articles 200, 202 and 203.
The measures must be taken with care and must not restrict freedom of expression or the protection of confidential messages or privacy more than is necessary.
Recording of the use of cookies or other services on the user's terminal equipment and the use of such information is permitted for the service provider if the user has consented to it and the service provider gives the user Comprehensible and comprehensive information on the purpose of storage or use.
The provisions of paragraph 1 shall not apply to the storage or use of data, the sole purpose of which is to carry out the transmission of a message in communications networks, or which is necessary for the service provider to provide a service which: Expressly requested by the subscriber or service user.
Recording and use within the meaning of this Article shall be permitted only to the extent required by the service and shall not restrict the protection of privacy any more than is necessary.
This and 26 chapters shall apply to the audiovisual content service provided by a natural or legal person established in Finland, which may be received in one or more of the European Economic Area (eea) The European Convention on television broadcasting (SopS 87/1994), hereinafter referred to as: Council of Europe Television Convention , in the cases referred to in Article 339 and in the cases referred to in Article 339, the transmission of television and radio programmes.
This Chapter and Chapter 26 shall apply to radio activity if the radio frequency or distribution network in Finland is used by Finland.
This part and Article 339 shall not apply to:
(1) activities in which audiovisual content services or radio broadcasts can be received only in an institution, hospital, hotel or other similar institution; or
2) radio activities within the meaning of Article 34 (2).
This law shall not apply to:
(1) services where the provision of audiovisual content is not the number of programmes or the frequency of consignments, taking into account the regular nature of the programmes and the main purpose of the service; or
2) electronic versions of newspapers or magazines.
Articles 209 and 210 shall not apply to the pursuit of the activity referred to in Article 28 and Article 34 (2).
The audiovisual content service provider is established in Finland if:
(1) the operator has its principal place of business in Finland and decisions on the programme schedule or programme list are taken in Finland; or
(2) carry out decisions on the programme schedule or on the programme list, the place of work of the employees, the start of the operation, the economically significant activities, the satellite broadcasting station or the satellite capacity, or any other equivalent On the basis of a significant link to Finland.
The decree of the Council of State lays down more detailed provisions on the elements to be taken into account in the assessment of the important interconnection referred to in paragraph 1 (2).
Articles 209 and 210 shall not apply to television activities in local television networks or to broadcasts which cannot be received by any of the parties to the European Economic Area or to be party to the Council of Europe's television Convention Located outside Finland.
The broadcaster must set aside most of its annual broadcasting time for European programmes. However, the transmission time referred to above shall not permit a period of time allocated to:
1) for the news;
2) for sporting events;
(3) for entertainment programmes of competition;
(4) advertising;
(5) to television broadcasting;
6) teleshopes.
Precautions between the European Parliament and the Council on the coordination of certain provisions laid down by law, regulation or administrative action in Member States concerning the provision of audiovisual media services (Audiovisual Media Services Directive) The provisions of Article 1 of Directive 2010 /13/EU as to which programmes are to be considered as European programmes referred to in paragraph 1 shall be adopted by a Council Regulation.
The subscriptions service provider shall promote the production and availability of European programmes in its services through the financing of production, the buying-in, the visibility of European works or other equivalent means.
The broadcaster shall set aside 19 % of its transmission time or, alternatively, 19 % of its software budget for programmes produced by European independent producers. Half of the programmes to be included in the share of the independent producers must be produced in the last five years.
An independent producer of audiovisual programmes whose share capital is held by a single audiovisual content service provider shall not exceed 25 % or more than 50 % or more in the last three years Has produced up to 90 % of its software to the same provider of the audiovisual content service.
Television programmes in Finland or Sweden shall be accompanied by subtitling and other programmes, as well as to other programmes, or by a service in which the text of the text of the text of the text of the programme is amended ( Voice and subtitling services ) As provided for in this Article.
The sound and subtitling service shall be connected to the public service software referred to in the Law on Broadcasting Corporation. The decree of the Council of State provides for the general interest in television broadcasting software referred to in Article 26, to which the sound and subtitling service must also be attached. However, sound and subtitling services need not be linked to musical performances or to sports programmes. The costs of implementing the sound and subtitling services to broadcasters other than the public service broadcasters shall not exceed 1 % of the turnover of the broadcaster's previous financial year.
The programmes to which audio and subtitling services are to be attached may, by means of a decree of the State Council, provide for a gradual increase in the number of quotas in the programming period.
For software covered by the general interest referred to in paragraph 2, for the years 2011 to 2016, the quota may be between 10 % and 50 % and between 50 % and 100 % of the public service programmes. A decree of the Council of State may provide for the technical implementation and transmission of sound and subtitling services. The decree of the Council of State shall set a period of two calendar years at a time per programme hourly cost per programme hourly.
If the broadcaster has acquired the exclusive right to broadcast an event which a State belonging to the European Economic Area has taken in accordance with Article 14 (1) of the Audiovisual Media Services Directive And to ensure that the Commission is placed on the list, it shall not exercise exclusive rights in such a way that a significant part of the public in that State cannot follow a consignment of an event on a free television channel, as in that State; Provides.
Paragraph 1 of the Protocol amending the Convention amending the Convention on Transfrontier Television (SopS 118/2002), as referred to in Article 9a (2) On the list of events mentioned.
The decree of the Council of State may provide which events in Finland are such that the consignments must be transmitted to the territory of Finland by means of a significant proportion of the public in the territory of Finland. In the form that is received, in whole or in part, either live or recorded as a live broadcast. A television broadcast on a socially significant event within the meaning of this paragraph shall be deemed to have been transmitted to a significant proportion of the public if 90 % of the population can receive a consignment without a separate payment.
If the broadcaster who has acquired the exclusive right does not carry out the consignment referred to in paragraph 1 himself, it shall be obliged to give the other television broadcaster the right to broadcast an event, if requested at least: Six months before the event begins. The broadcasting broadcaster shall have the right to full compensation for the donation.
If no agreement has been reached on the transfer of the broadcasting rights referred to in Article 212 (4), the broadcaster or broadcaster requested by the exclusive right pursuant to Article 212 (4) may: Refer the matter to the Communications Office at least three months before the start of the event. The Communications Agency may decide what to be considered as a full compensation under Article 212 (4). The definition of compensation should be based on the price of comparable rights in a competitive market. The Agency may also impose technical conditions on the transfer in its decision.
A periodic penalty payment may be imposed on the decision referred to in this Article. The penalty payment is laid down in the (1113/1990) .
Marketing must be clearly identifiable.
In marketing, apart from the philosophical and social advertising referred to in Article 224, the image or sound of persons appearing on a regular basis in the news or current affairs programmes shall not be used.
Advertising and teleshopping shall be separated from audiovisual programmes and radio programmes by sound or image or by the distribution of the image.
In the case of teleshopping, children shall not be invited to make purchases or leases of goods or services.
The anti-competitive behaviour of the marketing sector and the good practice of the marketing of minors to minors or minors in general Article 2 of Chapter 2 of the Consumer Protection Act .
In television, advertising and teleshopping shall be placed between audiovisual programmes. They may also be placed in the centre of audiovisual programmes if it is possible without infringing the integrity and value of the audiovisual programme and the rights of copyright holders.
For sports or other audiovisual programmes based on independent parts, where there are intermediate periods, advertisements and teleshopping shall only be placed in the intervals or intermission of the parts.
Individual advertisements and teleshopping in non-sports broadcasts are prohibited.
A film, television movie, news programme and children's programme for television broadcasting activities may be interrupted by advertising or teleshopping once for each scheduled period of 30 minutes.
However, the programme may be interrupted by advertising or teleshopping only if the scheduled duration of the programme is more than 30 minutes.
Television broadcasts of religious events must not be interrupted by advertising or teleshopping.
Advertising of tobacco products is regulated by tobacco products (693/1976) . Advertising and promotion of alcoholic beverages is regulated by alcohol (1143/1994) . The marketing of medicinal products is regulated by the (185/1987) .
Sponsor shall not affect the content of the sponsorship audiovisual programme or radio programme or of the audiovisual content service, or of programmes in the software so that it affects the provider of the audiovisual content service, or The responsibility of the radio operator or the editorial independence of the programmes.
The name or symbol of the sponsor shall be clearly displayed at the beginning or end of the Sponsored audiovisual and radio programmes.
Sponsored audiovisual programmes or radio programmes shall not encourage the purchase or rental of a sponsor or third party's products or services by reference, in particular and advertising, to such products or services. Or otherwise.
A company that produces or markets tobacco products must not sponsor programmes, audiovisual content services or radio activities.
Where the programme is sponsored by a company whose activities include the manufacture or sale of medicinal products or medical treatments, the programme may be accompanied by the name or symbol of the company, taking into account the provisions of Article 218. However, in this context, a medicinal product or a form of treatment which is available only on prescription in Finland shall not be introduced.
News or current affairs shall not be sponsored.
Location of a product, service or trade mark against remuneration ( Product placement ) Is prohibited.
By way of derogation from paragraph 1, product placement shall be permitted:
(1) cinemas;
(2) cinematographic or audiovisual content services;
3) sports programmes;
4) in light entertainment programmes.
Paragraph 2 shall not apply to product placement in children's programmes.
The product placement shall also be considered to be made available for consideration in the audiovisual programme for use in the audiovisual programme if they are of significant value. Product placement is permitted in other than children's programmes when the necessary or product prizes are awarded.
Product placement shall not:
(1) affect the content of the programmes or their placement in the software;
(2) encourage the acquisition of products or services;
(3) advertising, or, in particular, referring to products;
(4) undue emphasis on products.
Product placement of the following products is prohibited:
(1) tobacco products;
(2) products of undertakings producing or marketing mainly tobacco products;
3) Medicinal products subject to medical prescription and other forms of treatment.
The public shall be clearly informed, either by means of a text or by a uniform use of audiovisual content service providers, of the fact that the audiovisual programme contains product placement. The announcement must be made at the beginning of the audiovisual programme, after completion and after each commercial break. The notification shall not be advertised.
However, there is no need to indicate the product placement if the content service provider or its affiliated undertaking has not itself produced or ordered the audio-visual programme or information on the product placement in it is not available without: Unreasonable effort.
The share of advertising and teleshopping per hour between equal hours shall not exceed 12 minutes, with the exception of channels for the transmission of teleshopping only.
Paragraph 1 shall not apply to:
(1) notifications by the broadcaster of its own audiovisual programmes;
(2) ancillary products directly linked to the programmes;
(3) sponsorship announcements;
(4) product placement;
5. The philosophical or social advertising referred to in Article 224;
6. In the programmes reserved for teleshopes referred to in Article 225.
Radio advertisements shall be separated from radio programmes by means of sound or otherwise.
The transmission time for radio advertising shall not exceed 20 % of the daily transmission time.
Advertising, which is designed to promote the cause of the case or the cause, or in connection with the reputation of the advertiser or the public image of the person ( Ideological and social advertising ), a distinction shall be made between audio-visual programmes by voice or image or by the distribution of the image.
Advertising and social advertisements shall be placed between audiovisual programmes or independent parts of the programme. They may also be placed in the centre of audiovisual programmes if it is possible without infringing the integrity and value of the audiovisual programme and the rights of copyright holders. Religious or social advertising must not interrupt broadcasts of religious events.
In addition, the establishment of indicative and social advertising also applies to the descriptive document. (17/10/2011) .
The continuous duration of the slot allocated to teleshopes shall be at least 15 minutes on a channel not reserved for teleshoppers alone.
The seats reserved for teleshoppers shall be clearly identified by means of a picture and a vote.
Television channels broadcasting audiovisual programmes exclusively related to advertising, teleshopping or television broadcasting activities, of content which acts of violence, sexual content For the purpose of dispatch or distress, or in any other comparable way for the development of children, the indicative programme shall apply mutatis mutandis.
Articles 209, 210 and 215 (1) and Article 222 (1) shall not apply to television channels which broadcast exclusively advertising, teleshopping or television broadcasting activities. And audiovisual programmes.
A telecommunications company providing a network service on cable television is obliged to pass online without compensation:
(1) For the purposes of Article 7 (1) of the Law on Public Radio Oy, the public service television and radio software received by the municipality in which the network is located and which is freely received for the programme included in the software programme, Accompanying and ancillary services related to software and software in the case of television and radio activities carried out on the terrestrial mass communication network;
(2) the public interest television activity referred to in Article 26 shall be broadcast on the basis of a national software licence, as referred to in Article 26;
(3) the freely received material provided for the programme referred to in paragraph 2, the ads related to the software and ancillary and ancillary services related to the software.
The transfer obligation referred to in paragraph 1 shall also apply to a telecommunications undertaking providing online services on a cable television network if:
(1) the telecommunications company uses non-traditional cable television technology to transmit software; and
2) software reception is possible under normal reception facilities.
However, there shall be no transfer obligation if the transmission capacity of the cable television network is available to the telecommunications company in its own television or radio activity or where it is necessary for that purpose for a reasonable future need. In order to comply with the obligation to carry out the transfer obligation, the telecommunications company does not need to make substantial improvements to the cable television network.
The software referred to in paragraph 1 and associated services shall be provided to the user free of charge. However, the company may require the user to pay a reasonable fee for the maintenance of the network.
The software and services referred to in paragraph 1 shall be offered to the user unaltered and simultaneously with the original consignment.
Maintenance of a housing limited company, a real estate company, or any other comparable system of joint antennae which is owned or managed by an internal or multi-real estate network which is used for the transmission of mass communications The properties of the users' terminal equipment shall ensure that the software and services referred to in paragraph 1 are available to users unaltered and at the same time as the original consignment.
The telecommunications and television and radio operators acting on a terrestrial platform are obliged to contribute to ensuring that the numbering numbering of software is clear and appropriate for users. The network identification number shall give priority to the software of the software concession holder referred to in Article 26.
The Agency may provide more detailed provisions on the channel number referred to in paragraph 1.
The telecommunications undertaking shall, under the conditions laid down in this Chapter, be entitled to invest in a second-owned or controlled area in the service of general communications:
1) cable and related equipment, small structure and column;
(2) the radio tower of the mobile network, together with its support stations and the associated device, cable and small structure;
3) mobile network support station and associated equipment and cable.
The support status referred to in paragraph 1 (3) and the associated equipment and cable may also be placed in the building, under the conditions laid down in this Chapter. The other conditions for the establishment of the structures, parts and appliances referred to in paragraph 1 shall be governed by other law.
If the investment referred to in paragraph 1 or 2 has not been agreed with the owner of the property or the building, the municipality's building supervisor shall decide on the investment.
The contract for the establishment of the telecommunications cable, radio tower, support station and associated structures and equipment referred to in paragraph 1 shall also be binding on the new owner and holder of the property or building.
What this article provides for the owner and holder of the property shall also apply to the owner and holder of the general area.
If the parties do not reach agreement on the establishment of another property or building within the meaning of Article 229, the telecommunications undertaking shall establish a plan ( The investment plan ).
The establishment plan shall contain the following information:
(1) a map showing the location of the telecommunication cables and radio and related structures to be deployed;
(2) a map showing real estate, marked in the area of buildings and existing support stations for the telecommunications company;
(3) a document setting out the details, construction and construction time of telecommunications cables, base stations, radio stations, and associated facilities and equipment;
4) a construction plan indicating how the route of the telecommunications cable is to be entered in the ground;
(5) an explanation of the need for an investment authority;
(6) the maintenance plan of the structures, components and equipment to be invested;
(7) an assessment of the level of energy consumption of equipment;
8) restoration measures after the end of the investment requirement.
The investment plan shall be communicated by the undertaking to all the owners of the property and the building and to any other person whose interests or rights are concerned. The notification should mention the properties for which the plan applies. The notification shall also indicate that the owner of the property and the person whose interests or rights are concerned shall be entitled to make a reminder to the telecommunications company within the time limit.
The owner of the property and the building and any other person whose interests or rights are concerned by the establishment plan shall be entitled to make a reminder within 30 days of the date of receipt of the information referred to in Article 231 The investment plan.
Where an agreement is not reached, the Municipality's Construction Authority may, upon application by the telecommunications company, grant the telecommunications company the right of establishment by strengthening the investment plan referred to in Article 230.
The establishment plan shall be subject to the condition that the plan fulfils the conditions laid down in Article 234. If necessary, the construction supervisor may require further information from the telecommunications company on the fulfilment of the conditions and require changes to the investment plan.
The municipality's construction authority may, for a justified reason and provided that the implementation does not render the appeal ineffective, grant the right to carry out the construction work or any other measure in part or in whole before the The decision to invest has acquired the legal force ( Right of initiative ). In other respects, the right to initiate proceedings shall be governed by the (132/1999) § 144 .
Telecable, radio and support stations shall not be placed in breach of the apron formula or in such a way as to make it difficult for the country or the general formula to be implemented. Nor must it hinder the development of formulae.
The establishment of a telecommunications cable, support station and radio tower, as referred to in Article 229 (1), shall be subject to the requirement that it cannot otherwise be arranged satisfactorily and at a reasonable cost. When deciding on an establishment, attention must be paid to the fact that there is no unnecessary inconvenience to property and the building. The location and maintenance of a cable, radio tower, and support station and associated equipment shall not cause such damage or damage to the use and construction of the property which can be avoided at a reasonable cost.
Where possible, the cable shall be located in the (2006) Or the property formation law referred to in (554/1995) To the general area referred to.
The right of establishment, based on the investment decision referred to in Article 233 (1), may be amended or deleted by a decision of the municipal building authority where the parties agree.
Without the consent of the telecommunications undertaking, the right of establishment may be amended or deleted by a decision of the municipal building authority if:
(1) the right of establishment has become redundant as a result of changed circumstances or lost a significant part of its meaning;
(2) the damage resulting from the right of establishment has become unreasonable for the property or for the building, and that the right of establishment is not significantly impaired by any modification or removal of the right of establishment; or
(3) the right of establishment significantly impedes the implementation of the employment formula.
The decision of the Municipality Building Authority referred to in paragraph 2 shall be subject to the right of initiative referred to in Article 233.
If it is necessary for the establishment of a telecommunications cable or a radio tower, a telecommunications undertaking holding a right under Article 233 (1) shall, without the consent of the owner or the holder, obtain the permission of the owner, Trees and other plants in the area covered by the investment plan, the equipment necessary for buildings and structures, and other construction works in the area. For this purpose, the contractor employed by the telecommunications company and the contractor of the telecommunications company has the right to move in the private area and to set the necessary signs.
In non-urgent cases, the undertaking shall provide the owner and holder of the territory with the opportunity to perform the measures referred to in paragraph 1 himself.
The owner or the holder of a building shall allow a telecommunications company, based on the decision referred to in Article 233 (1), to place the base and associated equipment in the building, as appropriate, together with the equipment Appropriate communication and electricity networks. If necessary, the owner or the holder of the building shall allow the telecommunications company to build the necessary facilities. The owner or the holder of the building shall give access to the building and to the premises necessary for the installation and maintenance of the installation and the facilities necessary for the installation and facilities of the telecommunications contractor.
The telecommunications company shall restore the area and the premises, including the environment, after the completion of the work referred to in this Article.
The owner and holder of the property, as owner and holder of the public area, as well as the State owner and holder of the public road area, shall be entitled to full compensation for the damage and damage caused by Article 229 (1) (1) Of the European Union.
The owner and holder of the property, the owner and holder of the building and the owner and holder of the public area shall be entitled to full compensation for the investment referred to in Article 229 (1) (2) and (3) and (2), as The law on the redemption of immovable property and special rights (603/1977) (hereinafter ' the Redemption law , provide.
If the compensation is not agreed, the matter shall be settled in accordance with the order of the redemption law.
The decision of the municipal building supervisor, as referred to in Article 233 (1) and Article 235 (1) and (2), shall be entered in the real estate information system.
The telecommunications undertaking applying for the authorisation referred to in Article 233 shall be obliged to carry out the duties of the municipality to the municipality for which the criteria are laid down in a fee approved by the municipality.
The payment shall be made in the interest-rate law (163/1982) The interest rate on late payments.
The charge imposed pursuant to paragraph 1 of this Article shall be directly enforceable. The recovery of the fee is provided for by the Law on the implementation of taxes and charges (20/2007) .
The Municipal Development Authority shall monitor its territory in compliance with the decision adopted pursuant to Article 233 thereof.
The municipality shall, where appropriate, coordinate the siting of telecommunications cables in such a way that the location and maintenance of telecommunications cables do not cause any damage or damage that can be avoided at a reasonable cost.
In order to avoid damage, in order to avoid damage to ground construction, forestry, hydroelectric work, or other telewiring, it is necessary to ascertain whether telewiring in the area is located in the area of work.
Teleworking shall provide information free of charge on the location of the cables.
The telecommunications company shall provide the operator with the necessary information and instructions in order to avoid the risk.
The telecommunications company must provide information on the location of the telecommunications cables ( Cable data ) To digital form. The telecommunications company shall ensure that it is technically possible to provide cable information centrally from one location.
Cable data shall be processed in such a way as to adequately protect the data from security breaches and their threats.
The Agency may provide further technical provisions on the digital format of the cable data and on the security of their processing.
Generic communication networks and services and associated communication networks and services shall be designed, constructed and maintained in such a way that:
(1) electronic communications are of good technical quality and security;
(2) they can withstand normal expected climatic, mechanical, electromagnetic and other external shocks and security threats;
(3) their performance, usability, quality and operational reliability may be monitored;
(4) significant security breaches and threats to them, as well as significant disruptions to their operability, can be detected;
(5) access to emergency services is also guaranteed in the event of disruption of the network as reliably as possible;
(6) there is no risk to any health or property;
(7) Data protection, data security or other rights are not compromised;
(8) their debit is reliable and accurate;
(9) they do not cause disproportionate electromagnetic or other disturbances or information security threats;
(10) they shall work together and the communication networks may, where appropriate, be connected to another communication network;
(11) there will be no unforeseen disruption to other communications networks and communications services;
(12) they may be accompanied, where appropriate, by terminal equipment satisfying the requirements of this law and, where appropriate, interoperable with a television reception apparatus satisfying the requirements of this Act;
(13) the operator responsible for them is capable of meeting the obligations incumbent upon it or under this law;
(14) they operate as reliably as possible in the standby law; (1802/2011) Under exceptional circumstances and in the event of a disruption of normal conditions;
(15) hazard extracts issued by the public authorities may be communicated to the public as expressly provided for;
(16) interception of telecommunications and telecommunications, as well as other requests for access to information by public authorities, may be carried out in accordance with the provisions laid down separately.
The quality requirements referred to in paragraphs 1 to 4, 10, 11 and 14 shall be proportionate to the number of users of communications networks and services, the geographical area they serve, and their importance to users.
The measures to ensure that the information security referred to in paragraph 1, paragraphs 1, 2, 4, 7 and 9 shall mean action on safety, communication security, hardware and software safety, and information material security To ensure. The measures shall be proportionate to the seriousness of the threat, the cost of the measures and the technical possibilities available to combat the threat.
The quality standards referred to in paragraph 1 shall also apply to important ancillary activities and ancillary services related to communications networks and communications services.
The Agency may issue provisions on the quality, data security and compatibility of communications networks and communications services referred to in Article 243. The provisions may concern:
1. Prioritisation, power supply, verification and contingency arrangements;
(2) the electronic and physical protection of the communications network and its equipment space;
(3) performance, data security and integrity, and their maintenance, monitoring and network management;
(4) procedures in the event of failure and disruption and for the maintenance of information security and operational security;
(5) the structure of the communication network and the technical characteristics of its access point;
(6) technical implementation and verification of emergency services;
(7) technical implementation of the charge;
(8) interconnection, interoperability, signalling and synchronisation;
(9) the technical characteristics of the antenna system and the common antenna system;
(10) wide-screen television services and the technical characteristics of the host television network;
(11) the content and structure of the starting page of the electronic programme guide;
(12) technical documentation and statistical reporting and the format and data retention of the relevant documents;
13. Standards to be observed;
(14) other technical requirements for such comparable communications networks or communications services;
(15) ancillary activities and ancillary services in so far as they have an impact on the requirements of the communication network or communications service provided for in Article 243.
The authority responsible for the interception of telecommunications or telecommunications shall submit to the Communications Agency a proposal for the operational quality requirements to be met by the communication network and the communication service.
In an individual case, the Agency shall, after consulting the telecommunications undertaking or the authority referred to in paragraph 1, decide on the technical requirements to be used for the interception of telecommunications or for telecommunications.
The telecommunications undertaking shall, without delay, provide the authority referred to in paragraph 1 with the necessary information on changes in communications networks and services relevant to the interception of telecommunications and telecommunications and other public authorities. At their design stage. In addition, the company shall provide information on the possible impact of the changes on the authorities' own information systems which it is aware of.
The fcc may provide more detailed provisions for the procedure to be followed for the information referred to in paragraph 3.
The telecommunications company shall not prevent the user from connecting to the public communications network the radio and telecommunications terminal or the decoder or television reception apparatus as required by this law.
A subscriber or user shall not connect to the public communications network other radio and telecommunications terminal equipment which complies with the requirements of this Act.
The subscriber shall maintain a device or system to be connected to the public communications network in accordance with the instructions of the telecommunications undertaking in such a way that it does not jeopardise the security of the information security of the public communications network and services.
When transmitting messages, the communication facilitator shall provide information on the security of its services, messages, brokering data and location data. However, the Community subscriber acting as an intermediary for communications shall only ensure the processing of the messages, brokerage and location data of its users.
The provider of a value-added service shall ensure the security of its services.
Measures to ensure security of information shall be proportionate to the seriousness of the threat, the cost of the measures and the technical possibilities available to combat the threat.
The Agency may provide more detailed provisions for the information security referred to in paragraphs 1 and 2.
The telecommunications company shall implement the construction, maintenance, alteration and information security measures of the communication network and service to other telecommunications companies in the least possible manner.
A telecommunications company may temporarily suspend or restrict the provision of a network or communication service without the consent of another telecommunications undertaking if it is necessary for the successful operation of the measure referred to in paragraph 1. The interruption and change must be effectively communicated to other telecommunications companies whose communications networks and services may be affected.
The internal communication network of a building or building connected to the public communications network shall comply with the requirements of this Act. The internal communication network of the property or building shall be designed, as far as possible, in such a way that the subscriber referred to in Article 111 may choose a telecommunications company.
The telecommunications company shall not require the construction, installation or maintenance of a property or building network intended to be connected to the public communications network ( Teleworking ) May only be carried out by a telecontractor selected by the telecommunications company.
The telecommunications company shall not be required to connect the internal communication network of the property or building to the telecommunications network in such a way as to restrict the management of the internal communications networks and the ability to choose a telecommunications company.
The communication agency may lay down provisions on the technical characteristics and content of the communication networks to be taken into account in the design of communication networks referred to in paragraph 1 and in paragraph 3. On the technical integration of the networks. The provisions may also be provided for other technical arrangements affecting the management of the internal network or the internal network.
Government network Means the management and security of the State, defence, public order and security, border security, civil protection, sea rescue, emergency central activities, immigration, emergency services, A communication network built on railway safety or civil protection tasks.
Access to the Authority's network may be provided to the Authority and to any other group of users necessary for the performance of the tasks referred to in paragraph 1. The Ministry of Transport and Communications decides on the categories of users entitled to use the network.
Titles III and V shall not apply to the public network. Article 316 shall not apply to the communication of public authority tasks to the Authority.
At the request of the telecommunications company, the network shall be connected to the public communications network without compensation. A telecommunications company operating on a public authority network does not have the right to compensation for telecommunications from the public communications network to the public network. A telecommunications company operating in a public communications network shall be entitled to receive a fee in accordance with the prices of the telecommunications company from the telecommunications network to the public communications network.
The telecommunications company shall publish up-to-date technical specifications for the interfaces of the public communications network to which the telecommunications terminal equipment can be connected. The specifications shall indicate with sufficient precision the information on the basis of which telecommunications terminal equipment can be used and which can be used for the use of services provided through the interface.
Articles 256 to 263 and 315 shall also apply to the authorised representative of the manufacturer if the manufacturer is not established in the European Economic Area. Where the manufacturer or his authorised representative is not established in the European Economic Area, those articles shall also apply to the placing on the market of the equipment in the European Economic Area.
In Finland, for the purposes of sale or disposal, or in Finland, only radio transmitters fulfilling the essential requirements of this law and bearing the necessary particulars, the indication of the intended use shall be sold, sold or transferred to Finland. Declaration of conformity.
In Finland, for the purposes of sale or disposal, or in Finland, only radio receivers complying with the essential requirements of this law and bearing the necessary particulars, the statement of use and Declaration of conformity.
In Finland, for the purpose of selling or selling, or in Finland, the sale, sale or supply of other telecommunications terminal equipment and communication network equipment which comply with this law and the relevant and prescribed material The requirements and the necessary marking and the declaration of conformity. In addition, the terminal equipment shall bear an indication of the intended use.
A telecommunications device intended to be placed on the market in Finland other than those referred to under subparagraphs 1 to 3 may be placed on display where a visible indication clearly indicates that the device cannot be placed on the market until it has been verified to satisfy 254 -the essential requirements referred to in § 1.
A radio transmitter shall not be used for radio communication if it is not guaranteed to meet the requirements laid down in Article 254 or Article 264. However, the radio transmitter may be used for radio communication if it is not required for its use on the basis of Article 39 (6) to (9) or if the communication agency has issued a radio licence for possession and use of radio equipment referred to in Article 39 (1). Research and development.
The telecommunications equipment shall comply with the following essential requirements:
(1) electrical safety requirements;
(2) requirements relating to the protection of human health and safety other than those referred to in paragraph 1;
(3) protection requirements for electromagnetic compatibility;
(4) the requirement for the effective use of radio frequencies and orbiting resources to avoid harmful interference.
The electrical safety requirements for telecommunications equipment are laid down separately. However, the rest of the law does not apply to radio and telecommunications terminal equipment.
The Communications Agency shall lay down requirements for the electromagnetic compatibility of telecommunications terminal equipment and for more detailed provisions on the relevant specific requirements for radio equipment and telecommunications terminal equipment, of which the Commission Has adopted a decision requiring implementation.
The Communication Office shall appoint an assessment body on the application to issue opinions on the conformity of radio equipment and telecommunications terminal equipment, to define specific radio-test series and to approve and control equipment Quality assurance systems. The assessment body may be designated for a limited period. The application shall contain the information requested by the Communication Office for the processing of the application.
The assessment body shall be functionally and financially independent of the manufacturers of radio equipment and telecommunications terminal equipment. It shall have adequate liability insurance or other equivalent arrangements and adequate staff and systems, equipment and equipment at its disposal in terms of the scope of action. The assessment body shall have a law on the qualification of conformity assessment services (1920/2005) A valid accreditation decision by an accreditation body within the meaning of the mutual recognition agreement between the accreditation body or other accreditation bodies, stating that the institution is competent to act in accordance with paragraph 1; For the purposes of the evaluation.
The Agency shall monitor the activities of the evaluation bodies. The assessment body shall inform the changes of its activities if they may have an impact on the conditions of performance of the assessment body. Where the assessment body no longer complies with the requirements laid down or acts contrary to the provisions, the Agency may revoke the designation.
When carrying out the functions referred to in this Law, the assessment body shall comply with the administrative law (2003) , law and language law of public authorities (2003) Provides.
More detailed provisions on the requirements for assessment bodies and documents to be attached to the application shall be laid down by a regulation of the Ministry of Transport and Communications.
Conformity of the camping device shall be demonstrated:
(1) internal product control;
(2) specific internal product control for radio-diagnostic tests;
(3) specific radio-diagnostic tests and internal product control with the opinion of the assessment body;
(4) internal product control with the opinion of the assessment body;
(5) electrical safety legislation (10,1996) Or an internal control of production within the meaning of the opinion of the notified body; or
6) with full quality assurance.
In each procedure referred to in paragraph 1, the manufacturer shall ensure that the equipment complies with the essential requirements referred to in Article 254 and a document certifying that the equipment meets those requirements ( Declaration of conformity ). In addition to the procedure referred to in paragraph 1 (2), specific tests shall be carried out. In addition, the procedure referred to in paragraph 1 (3) and (4) shall present a structural file based on the results of the tests and the technical document drawn up on the apparatus.
A negative opinion issued by an assessment body on a structural file shall not prevent the manufacturer from placing the device on the market other than the one in accordance with paragraph 1 (5) if the device meets the essential requirements referred to in Article 254.
In the procedure referred to in paragraph 1 (6), the manufacturer shall use the quality system approved by the assessment body for the design, manufacture and inspection of the products. For control purposes, the manufacturer shall provide the information necessary for the assessment body and allow the verification of its production, inspection, testing and storage facilities. If the quality system no longer meets the requirements of this Act, the assessment body may withdraw its approval.
Documents relating to conformity assessment procedures shall be drawn up in Finnish or Swedish, or in a language approved by the assessment body or the Communication Agency. The manufacturer shall keep those documents available to the national authorities of the countries of the European Economic Area for at least 10 years after the last telecommunications equipment is manufactured. The Agency shall provide more detailed provisions on the procedure to be followed and the documents to be drawn up in relation to the conformity of the telecommunications equipment.
Where the manufacturer of the radio transmitter has applied the technical specification established by a recognised standardisation body on behalf of the Commission, the references of which were published in the Official Journal of the European Communities ( Harmonised standard ), the conformity of a radio transmitter shall be demonstrated by the assessment procedure referred to in Article 256 (1) (2), (3) or (6).
Where a radio transmitter manufacturer has not applied harmonised standards or has applied them only partially, the conformity of the radio transmitter shall be demonstrated by the assessment procedure referred to in Article 256 (1) (3) or (6).
The conformity of the reception parts of the radio receiver and the radio device shall be demonstrated by the assessment procedure referred to in Article 256 (1) (1), (3) or (6). The conformity of a radio receiver for the reception of television or radio programmes alone shall be demonstrated by the assessment procedure referred to in Article 256 (1) (1) or (5).
The conformity of the telecommunications terminal equipment shall be demonstrated by the assessment procedure referred to in Article 256 (1) (1), (4) or (6).
The conformity of the communication network shall be demonstrated by the assessment procedure referred to in Article 256 (1) (5).
The fixed installation shall be carried out in accordance with good technical practices in such a way as to meet the electromagnetic compatibility requirements referred to in Article 254 (1) (3). The conformity of a fixed installation with regard to electromagnetic compatibility need not be demonstrated by the assessment procedure referred to in Article 256.
Notwithstanding the provisions of Article 253 (3) and Article 260, the conformity of the communication network shall not be required in respect of the electromagnetic compatibility requirements referred to in Article 254 (1) (3); and It is required to be marked by a mark if it is intended for a particular fixed installation and not marketed under Article 262 (1) of the Executive Agency.
The holder of a fixed installation shall be required to designate the person responsible for ensuring that the fixed installation is in accordance with paragraph 1 and to inform the Agency at the request of the person responsible.
The Communications Agency may provide more detailed provisions on the procedure to be followed for the completion of the fixed installation and the appointment and notification of the responsible person, and of a fixed installation and related communication network The documents and the associated registration and retention obligations.
In accordance with Article 256, the manufacturer shall provide a declaration of conformity which has been verified in accordance with Article 256. The Agency shall issue labelling provisions in accordance with the provisions of European Union law.
In addition to the declaration of conformity, the radio device and the terminal equipment must be accompanied by information on the use of the device ( Declaration of use, ). The sale of the radio device and the instructions for use shall clearly indicate the Member States or geographical areas of the European Union in which the apparatus is intended to be used. The data of the telecommunications terminal shall clearly indicate the connection of the public communications network to which the device is intended to be connected.
Paragraph 2 shall not apply solely to radio receivers intended for the reception of television or radio programmes.
Where a radio transmitter secured in accordance with Article 257 operates on frequencies assigned to other uses by the Communications Agency, the manufacturer shall inform the Communications Agency of the intention to place the radio transmitter on the market.
The Communications Agency shall provide more detailed provisions on the notification procedure and the information to be included in the notification.
Articles 254 to 259 and 262 shall not apply to:
(1) radio equipment other than commercially available radio equipment intended exclusively for radio amateur communications;
(2) radio equipment, the conformity of which is ensured by the (19203/2011) In the case of marine equipment;
(3) radio equipment for use on board an aircraft used in air navigation;
(4) radio equipment held and used by the armed forces and by the Corps for the sole purpose of military defence;
(5) radio equipment and telecommunications terminal equipment used exclusively for the purpose of ensuring public safety, public security, detection, detection or pre-trial investigations.
The Agency may lay down provisions on the characteristics and technical structure of the radio equipment and telecommunications terminal equipment referred to in paragraphs 1 and 5, and the conformity procedure and labelling of such equipment.
In order to ensure the compatibility of television receivers, the Agency shall lay down provisions on their technical characteristics.
The radio transmitter to be used for radio-radio or radio-amateur communications shall be a certificate issued by a communication agency or a certificate issued by a competent authority of another country approved by a competent authority in Finland.
Notwithstanding the provisions of paragraph 1, the radio transmitter shall be subject to another person under the direct control of the certificate holder. Paragraph 1 shall not apply to the armed forces or the corps of border guards in the exercise of radio communications relating to military defence related to military defence, nor to the radio equipment used solely for military purposes.
A certificate of competence shall be carried out in order to obtain a certificate. The examination shall demonstrate knowledge of the rules, instructions and equipment relating to the type of radio communication in question, as well as the necessary language skills. The Communications Agency shall determine the degree of qualification and its decision to approve them in the service of the Communications Office, which shall serve as examiners. An application for admission to the Agency may also be accepted by the Agency. The examiner must have the skills and experience required for the task. When carrying out the duties referred to in this Act, the examiner shall comply with the administrative law, the law on public authorities' activities and the language of the law. The fee and amount of the documents relating to the investigation shall be governed by the State payment law (150/1992) .
The Agency shall issue a certificate of competency to the applicant if there are no reasonable grounds for suspecting that the applicant is in breach of the provisions on radio communication.
The competence required for aeronautical radio communication is laid down in the air bag (1920/2009) .
By decision, the Office may revoke the acceptance of the examiner referred to in paragraph 3, if the examiner no longer fulfils the conditions for determining the examiner's qualification as the examiner or substantially Breaches the provisions and regulations relating to its activities.
The Agency may, if necessary, give more detailed provisions on the receipt of qualifications.
Aviation L 1194/2009 Has been repealed by L 864/2014 . See. Aviation L Chapter 4 of 2014 .
The operator of a radio transmitter for a commercial vessel in international transport shall demonstrate the maintenance of the validity of the certificate referred to in Article 265 before five years after the issuing of the certificate: Years. The maintenance of competence can be demonstrated by:
(1) presentation of a certificate of maritime service related to the maintenance of competence and the use of safety radio equipment;
(2) by obtaining a degree; or
3) by means of a training course approved by the Communication Agency.
Article 265 (3), (4), (6) and (7) shall apply to the examination referred to in paragraph 1 (2).
On application, the Office shall issue an attestation of competence to the person who, as referred to in paragraph 1, shall demonstrate the maintenance of their qualifications. The Agency may also accept the maintenance of competence for the maintenance of the validity of a certificate issued by the competent authority of another country.
In the case of radio-radio or radio-amateur communications, a radio transmitter shall, upon request, present a certificate of competence or certificate of competence for the monitoring of compliance with the provisions relating to compliance with the provisions relating to it, To the representative of the Security Agency.
The certificate shall be valid for the time being and the certificate of validity of five years from the date of issue, from the date of completion of the examination or from the date on which it was issued.
Paragraph 1 shall not apply to the radio equipment of a warship, military aircraft or any other aircraft used exclusively for the purpose of a State.
The Agency may revoke the certificate of competence or certificate if the holder of the certificate is sent by a radio transmitter. Article 10 of Chapter 34 of the Penal Code , with a radio transmitter interfering with radio communication Chapter 38 of the Criminal Code Articles 5 to 7, as a punishable offence, or repeatedly in violation of radio communications regulations or repeated negligence on the part of the radio traffic, cause a disturbance to the radio traffic.
The electronic message and its brokerage information shall be protected by the use of the technical possibilities available for it, unless otherwise provided for by law. The implementation of the protection shall not interfere with the implementation or use of the network and the communications service.
Unlawful possession, use, manufacture, importation, marketing, distribution, distribution, promotion, promotion, installation and maintenance of a decryption system or part thereof shall be prohibited, whose primary purpose is to: The non-judicial dismantling of the technical protection, allowing access to a protected television, radio transmission or the personal request of the recipient.
The provisions of paragraph 2 shall also apply to the system of encryption which is designed to enable access to separate conditional access to a technical system to protect the services referred to in paragraph 2.
The Communications Agency shall have the right to provide, in order to ensure the compatibility of the encryption systems, their technical characteristics. (26/06/2015)
An undertaking using a hedge-dismantling system shall be obliged to ensure that the decryption system does not prevent the distribution or reception of a second undertaking's television or radio software or ancillary or ancillary services. In the terrestrial digital television or radio network.
The undertaking which uses the protection system shall be obliged to supply the other undertaking with the technical services necessary for the distribution of the abovementioned distribution to a cost-oriented and non-discriminatory price.
However, the obligation referred to in paragraph 1 shall not be required if the fulfilment of the obligation is technically inappropriate or otherwise disproportionate to the undertaking.
In its accounts, the undertaking providing the protection of the protection system shall differentiate between the activities referred to in paragraph 1 and the other activities of the undertaking.
The undertaking referred to in paragraph 1 shall be obliged to ensure that the control of the transmission of the communications network is possible.
For the purposes of the provision of a linear pay-tv service on a terrestrial digital media network, the undertaking using the dismantling system shall keep the television software referred to in Chapter 4 available in a way that allows for different The receipt of payment television services by a single decoder system or any other technical solution for that purpose, provided that the payment television service complies with the pre-announced software schedule.
Where undertakings do not reach agreement on the cost of providing technical services within the meaning of paragraph 1, no later than six months after the opening of the contract negotiations, the conciliation procedure referred to in Article 314 (2) shall not be: To a solution, the fiche may decide on the amount of compensation to be paid to the undertaking providing the technical services.
The holder of an industrial property rights protection system in the digital television and radio network shall grant access to fair, reasonable and non-discriminatory use of the rights to the manufacturer of the shielding system. Conditions.
The holder of an industrial property shall not impose conditions on the granting of access which would prevent or aggraise the use of a system of decoders with other equipment or systems, unless the conditions are Or any other technical reason.
The telecommunications undertaking, the Community subscriber and the provider of the value added service, as well as their behalf, shall have the right to take the necessary steps within the meaning of paragraph 2 in order to ensure the security of the information:
(1) the detection, prevention, detection and preliminary investigation of communications networks or associated services and information systems;
(2) to secure the communication possibilities of the consignee or the recipient of the message; or
(3) the large-scale use of Article 11 of Chapter 37 of the Penal Code , in order to prevent the preparation of payment instruments.
The actions referred to in paragraph 1 may include:
(1) automatic identification of the content of the message;
(2) automatic blocking or limitation of the transmission and reception of messages;
(3) the messages of automatic removal of harmful computer programs that jeopardise the security of data;
(4) other similar technical measures as referred to in paragraphs 1 to 3.
If, on the basis of the type, form or other equivalent of the message, it is obvious that the message contains a harmful computer program or an order and the action referred to in paragraph 2 (1) is not capable of safeguarding the objectives referred to in paragraph 1 , the content of an individual message may be handled manually. Processing of the contents of the manual shall be communicated to the sender and consignee of the message, unless notification is likely to jeopardise the achievement of the objectives referred to in paragraph 1.
The measures referred to in this Article shall be carried out carefully and shall be measured in relation to the seriousness of the disturbance. Those measures shall not restrict freedom of expression or the protection of a confidential message or privacy more than is necessary to safeguard the objectives referred to in paragraph 1. The measures shall be terminated if they are no longer subject to the conditions laid down in this Article.
The Agency may provide more detailed provisions on the technical implementation of the measures referred to in this Article.
Where a communications network, communications service or equipment causes significant inconvenience or disruption to the communications network, the communication service, the other service, the equipment, the communications network user or any other person, Or any other communication network or device operator shall immediately take measures to remedy the situation and, where appropriate, disconnect the communications network, communications service or equipment from the public communications network.
The measures referred to in this Article shall be carried out carefully and shall be measured in relation to the seriousness of the disturbance. Those measures shall not restrict freedom of expression or the protection of a confidential message or privacy more than is necessary to safeguard the objectives referred to in paragraph 1. The measures shall be terminated if they are no longer subject to the conditions laid down in this Article.
In the case referred to in paragraph 1, the Office may decide on the corrective measures and the removal of the network, service or equipment.
Teleworking shall inform the subscriber and the user without delay if its service is or is threatened by a breach of security, or any other event which prevents or substantially disrupts the functioning of the communication service. The provider of the value added service shall immediately inform the user of any significant security breach or threat to his service.
The tenderer and the value added service shall indicate the duration of the disturbance or the threat thereof. In addition, it is necessary to inform subscribers and users about the protection measures available, their likely costs and where additional information may be obtained from the subscriber or user. The telecommunications company and the added-value service provider shall keep records of the notifications.
The telecommunications company shall communicate the measures it has taken in the context of the situation referred to in paragraph 1 and the possible impact thereof on the use of the service.
The communication agency may provide more detailed provisions concerning the content and format of the notification and information referred to in this Article and the retention of the notification.
The telecommunications company shall immediately notify the Communications Office if its service is subject to, or is threatened with, a breach of security, or any other event that prevents or substantially disrupts the functioning of the communication service. The telecommunications company shall also notify without undue delay the estimated duration and effects of the disruption or threat, the corrective measures and the measures to prevent recurrence. Where notification of a disturbance is in the public interest, the Office may require the telecommunications company to inform the public.
The Agency may provide more detailed provisions as to when the disruption referred to in paragraph 1 shall be significant, as well as provisions on the content, form and transmission of the notification.
The Communication Office shall provide the Commission and the European Network and Information Security Agency with a summary report of the notifications under Article 1 each year.
For the event of disruption, the Communication Office may set up a joint action group with:
(1) telecommunications undertakings;
(2) electricity market (19/08/2013) For network and distribution system operators;
(3) contractors acting on behalf of the persons mentioned in paragraphs 1 and 2;
(4) operators other than those mentioned in paragraphs 1 to 3, whose participation is deemed appropriate.
The group's task is to:
(1) plan and coordinate the measures necessary to manage the emergency conditions under the standby law and the occurrence of incidents of disruption of normal conditions;
(2) acquire and supply necessary information in order to support the decision-making process of the Communications Office; and
(3) disseminate information on incidents that are compiled and analysed by the group to operators that can reduce the adverse impact of incidents on society.
In addition to the provisions of the law on public access to the public authorities, the Office may, without prejudice to the confidentiality rules, disclose the information necessary to manage the disruption to the member of the Joint Task Force, if the information is: Necessary for the purpose of carrying out the tasks of the group and not containing any confidential messages, brokerage or location information.
The members of the Joint Action Task Force shall be subject to the provisions of Chapter 6 of the Act on public access to confidentiality and the prohibition of exploitation, as well as the provisions on criminal law Provisions. Liability for damages is governed by the law on damages (1999) .
If the operation of the radio device interferes with the safety radio communication, the use of the radio device shall be stopped immediately.
If the radio transmitter causes a disturbance to radio communications or other radio equipment, the radio transmitter holder and the owner shall remove or limit the disorder. If the disturbance is due to the technical characteristics of the radio receiver or the separate antenna or antenna connected to it, the removal of the disturbance shall be the responsibility of the holder and the owner of the radio receiver, if the conditions laid down in this law or the conditions of authorisation That is all.
The Agency may decide which other technical characteristics of the radio device or the use of the radio device, the owner and owner of the radio device shall take to prevent and limit the disruption and its effects.
If both the interference and the resulting radio device are in accordance with this law and the provisions adopted pursuant thereto, and if the disorder is not minor or the interference is not caused by a separate antenna connected to the radio receiver, or The communication agency shall submit to the Parties a proposal for measures to remove or limit the effect of the disruption.
If the parties cannot agree on the measures necessary to remedy the disturbance or the amount or the cost of the resulting costs, the Agency shall decide by its decision.
The procedure referred to in paragraphs 2 to 4 shall also apply where the radio device causes disturbance to the telecommunications network, the telecommunications terminal equipment or the electrical equipment whose malfunction characteristics are under this Act or the Electricity Safety Act. In accordance with the provisions laid down.
The Agency may lay down provisions for the technical characteristics of a separate antenna or antenna system to be attached to the radio receiver referred to in paragraph 4.
Telephone network operator is obliged to contribute to ensuring that users are able to contact the general emergency number 112 free of charge by telephone and by sms.
The telecommunications company shall immediately inform the Emergency Centre, the Marine Rescue Centre and the Marine Rescue Centre of the failure and disruption of the communications network, the network and communications services of relevance for the transmission of emergency calls.
The Agency may lay down more detailed provisions concerning the technical measures necessary to fulfil the obligation laid down in paragraph 1.
Any person who is authorised to carry out radio activities, as referred to in Article 34, or a software licence within the meaning of Article 26, for the pursuit of television broadcasting activities, shall be obliged to communicate to the public a hazard statement of a public authority, Of which is provided separately.
The television or radio operator referred to in paragraph 1 shall ensure that the hazard information sheet may also be transmitted in the event of a disturbance of the normal condition and under the conditions of emergency law.
The contents of the wax report shall not be altered when it is transmitted.
With a dedicated authority: Means a targeted emergency information and other targeted government information. In the case of a targeted emergency Means an immediate threat to the direct threat to human life, health or property, or to the imminent threat of damage to property or damage to the environment, transmitted on the mobile network via text message or Any other message to terminal equipment or subscriptions in a given area or region. A further targeted authority: Means the information to be transmitted for the protection of persons or property, transmitted on a mobile network by text message or by other means of communication in a given region or region, in a situation where people are The threat to life, health or property is not imminent.
The telecommunications company shall be obliged to transmit a targeted official statement if the notice is to be forwarded from the Emergency Response Centre, the Sea Rescue Centre or the Maritime Rescue Centre.
The transmission of a targeted emergency information sheet shall be decided by the rescue, police or border guards, or the Radiation Security Centre or the Aerospace Institute in its activities. The competent ministry shall decide on the transmission of the other targeted authority.
The targeted official information sheet shall be communicated by the Authority in the languages and areas decided by the Authority on terminal equipment or subscriptions at the time of transmission. The telecommunications company shall not change the content of the targeted authority.
The targeted emergency information sheet shall be forwarded without delay. The other targeted public authority information sheet shall be transmitted as soon as possible without undue disruption of the normal network and communication service.
The Agency may provide more detailed provisions on the transmission, response time and transmission of targeted authorities' products.
The telecommunications company must ensure that its operations continue as smoothly as possible in the event of disruption of normal conditions and under the conditions of emergency law.
For the purpose of ensuring security of supply, the users and user groups of the key radio spectrum shall ensure the adequate and efficient use of radio frequencies in the event of disruption of normal conditions and by the standby law In exceptional circumstances. The Ministry of Transport and Communications decides on key users of radio spectrum and user groups on a proposal from the Maintenance Centre.
The reserve requirement referred to in Article 281 shall assess the risks which may jeopardise the continuity of the operation and shall, on the basis of those risks, be designed as to how it continues to operate under normal conditions and in accordance with Chapter 9 of the standby law. The exercise of powers.
At the request of the Communication Office, the obligation to provide information shall be provided to the Communications Agency. Any modification of the information provided shall be notified without delay to the Communications Agency.
At the request of the Agency, the obligation to be reserved shall, in individual cases, indicate how it is prepared for any particular incident or threat and, in the light of the circumstances, it has taken or intends to: Undertake.
The obligations referred to in this Article shall not apply to the authorities.
The telecommunications company shall ensure that, in order to ensure the functioning of the communication service provided by it, a critical communication system and its control, maintenance and management can be exercised in accordance with Article 60 (1) (8) of the standby law. Return to Finland without delay and that the service or system it provides may be maintained from the place defined in the procedure referred to in Article 1 (1). The obligation does not apply to communications services of minor importance.
The Agency may lay down more detailed provisions on the obligation to reserve. The provisions may concern:
1) documents relating to contingency planning as referred to in Article 282 and their specific content;
(2) technical measures to minimise the harmful effects of security breaches;
3. Technical implementation of the obligation referred to in Article 283;
(4) spectrum use;
(5) other comparable technical issues referred to in paragraphs 1 to 4.
The applicant for the authorisation provided for in this Act shall be obliged to pay, in the context of an application, a fee equal to:
(1) for a software licence for the pursuit of terrestrial television, provided for in Article 6 (1) and in Article 22 (1), a software concession of eur 5 000;
2. In Article 22 (1) and in Article 34 (1), a software licence for the exercise of radio activities of eur 1 500;
(3) eur 1 000 for the network concession provided for in Article 9;
(4) eur 300 of the short-term software licence provided for in Article 28.
The application fee shall not be subject to an application for authorisation of a regulatory network.
The application fee shall not be reimbursed, even if the application for authorisation is submitted or rejected.
In order to cover the administrative costs incurred by the communication agency to cover the administrative costs of the auction, the undertaking or entity enrolled in the auction provided for in Article 11 shall be obliged to pay the participation fee to the Communications Office. The amount of the participation fee is laid down by the Government Decree.
The participation fee shall not be reimbursed even if the undertaking or entity fails to bid for the auction.
The payment shall be made by means of a decision of the Communication Office.
A telecommunications company licensed under Article 11 shall be obliged to make a licence fee to the licensing authority. The concession fee is the highest bidder provided for in Article 11 (1).
The concession fee shall be paid during the concession period in instalments. The payment schedule is laid down by the Government Decree. The payment shall be made by means of a decision of the Communication Office.
Each year, by virtue of Article 6 of the Council of Ministers, the Communications Office shall levy a market-based frequency fee from the holder of the network concession awarded in exchange for free of charge and by the armed forces. The fee shall be levied on frequencies allocated to:
1), on the radio licence, as provided for in Article 39;
(2) the network concession holder's network, as provided for in Article 39, which is used for television activities other than television broadcasting;
3) By order of the Media Bureau under Article 96, the use of the armed forces.
Paragraph 3 shall enter into force on 1 January 2024.
The market-conform frequency fee shall be determined according to the following formula:
GDP KasukKK 9 300
For the purposes of the formula:
(1) B is the frequency amount equal to the frequency of the MHz band for the network of the concession holder or for the defence forces;
2) K1 is the frequency range factor determined by the technical and economic availability of the assigned frequency band;
3) Kasuk is a census of the population, the size of which is determined by the proportion of residents in the area of use of spectrum in relation to the population of Finland. The value of the demography coefficient shall be 1 for the whole territory covered by the Finnish territory;
(4) Ktark is intended for use, the amount of which depends on the purpose of the spectrum;
(5) the calculation of the economic value of the frequencies is eur 9 300 per megahertz.
The frequency shall be as follows:
| 146-174 | MHz | 1.9 |
| 174.001 TO 240 | MHz | 2.0 |
| 400-862 | MHz | 2.0 |
| 862.001-960 | MHz | 1,4 |
| 1,215-2,200 | MHz | 1.0 |
| 2 200,001-2 700 | MHz | 0,6 |
| 3,400-4,200 | MHz | 0,4 |
| 12 000-14,500 | MHz | 0.25 |
| 17 100-19 700 | MHz | 0.25 |
| 19 700.001-39 000 | MHz | 0,2 |
The intended use shall be as follows:
| Telecommunications services | 1.0 |
| Television broadcasting | 0.25 |
| Military defence | 0.15 |
By virtue of this law, a telecommunications undertaking performing an act of notification or authorisation shall be obliged to carry out an annual information society fee to the Communications Office.
The information society fee shall not be levied on the turnover of television or radio or television programmes or radio programmes.
The information society fee is 0.12 % of the turnover of telecommunications companies in Finland for the period preceding the imposition of the charge, but at least EUR 300. The turnover on which the payment is determined is set out in detail in Article 290.
The provision of the information society fee for the first year of the activity is laid down in Article 292.
The information society fee will not be restored even if the telecommunications company ceases to operate during the payment period.
If the telecommunications company is part of a group in accordance with Chapter 1, Section 6 of the Accounting Act, the company's contribution is based on the joint turnover of the telecommunications companies in Finland belonging to the same group of payment companies in the same group. Reduced by the turnover generated by the operation between the companies. The same applies to the parent company, which is not Finnish.
If, during the period between the end of the preceding financial year and the date of the decision to grant a payment order, the telecommunications company has a group relationship, the contribution shall be determined on the basis of the undertaking's share of the preceding financial year The turnover.
If, in the period between the end of the preceding year and the date of issue of the payment decision, the telecommunications activity is transferred to another undertaking, the payment obligation shall be subject to the undertaking which carries out the payment decision At the time of issue. The amount of the payment shall take account of the turnover fixed for the financial year ended in the financial year which has ended.
If the financial year of the telecommunications undertaking is different from the calendar year, its turnover shall be converted into the turnover of the calendar year by multiplying it by 12 and by the number of months of the financial year.
The Ministerial Decree of the Ministry of Transport and Communications may provide more precise provisions on how the information required for the purposes of payment must be notified to the Communications Office.
The information society fee shall be charged annually in one instalment. The information society fee is to be paid by means of a decision of the Communication Agency. More detailed provisions on the implementation of the payment may be made by a regulation of the Ministry of Transport and Communications.
The Communications Agency shall have the right to obtain information from telecommunications companies on the turnover of the pre-determined period for the payment of the information society fee. In addition, companies belonging to the Group shall provide a statement of which items resulting from the business of the group's companies, pursuant to Article 290 (1), have been deducted from the turnover of the telecommunications business. The company shall submit the information to the Communications Office within one month from the date of confirmation of the financial statements. In addition, the telecommunications company shall forward a copy of the consolidated financial statements and consolidated financial statements.
The Agency may assess the turnover on which the charge is based, if it is not sufficiently reliable due to the absence of the financial statements or other comparable reasons for it.
The evaluation shall take into account:
(1) the scope of the activity of the telecommunications undertaking;
(2) the market position of the telecommunications company;
(3) information on the services, customer numbers and billing of the telecommunications company;
(4) comparative information on other telecommunications undertakings performing the service provision;
(5) other matters affecting the turnover of the telecommunications undertaking mentioned in paragraphs 1 to 4.
Before assessing the turnover, the Communications Office shall call on the telecommunications company to provide the information necessary for the purpose of determining the information society fee within a reasonable period of time set by the Agency. The request shall state that the Office shall evaluate the turnover if the information is not provided.
General radio Oy and a television or radio operator with a software licence within the meaning of this Act shall be obliged to pay the television and radio control fee.
The obligation to pay starts in the calendar year of 6 months after the authorisation of the television or radio operator. The television and radio monitoring fee shall not be reimbursed even if the television or radio operator ceases to operate during the calendar year.
The annual monitoring fees for television and radio activities are as follows:
(1) The fee for Public Radio Oy is eur 165 000;
(2) the fee of the concession holder for non-regional television activities shall be eur 16 000 for each television programme authorised, with the exception of parallel consignments;
(3) the fee of the concession holder for regional television shall be EUR 800 for each television programme authorised;
(4) the fee of the concession holder for the broadcasting of radio activities on a national or equivalent licence shall be EUR 8 000 for each radio programme authorised;
(5) the fee of the concession holder for radio activity on the frequencies of regional or local authorisation shall be EUR 800 for each radio programme authorised;
(6) Only the fee for the concession holder in the television network shall be EUR 8 000 for each licensed radio programme.
The surveillance fee for television and radio activities shall be charged annually in two instalments. The payment shall be made by means of a decision of the Communication Office.
The network identifier shall be obliged to carry out a domain name in the domain name register and for the renewal of the subscription to the Communications Office. The payment of the fee shall be provided with a statement of the domain name.
The amount of the fee shall be determined by the State payment law.
Article 295 enters into force on 5 September 2016.
The telecommunications company and the other number or symbol shall be required to carry out a fixed fee to cover the costs arising from the use of the number or the number of the numbering and the numbering management and control, which shall be determined by the That the number of the number available from space available from space is consumed.
The amount of the fee shall be determined by the State payment law.
If the payment referred to in this Chapter is not carried out at the latest on the maturity date, the amount of the annual default interest shall be charged to the unpaid amount Article 4 of the Corkolai Law , according to the interest rate. Instead of an interest rate, the Authority may charge a delay of eur 5 if the amount of the default interest rate is below this.
The fee referred to in this Chapter is directly enforceable. Its recovery is governed by the law on the implementation of taxes and charges.
The telecommunications undertaking and the television and radio operator shall be entitled to compensation for the costs incurred in connection with the reservation referred to in Chapter 35 of the Law on Security of Maintenance (1390/1992) Where the costs are significant, taking into account the nature and extent of the activities of the telecommunications undertaking or of the television or radio operator.
The reimbursement shall be decided by the Maintenance Safety Centre, which shall request an opinion on the request for reimbursement from the Ministry of Transport and Communications.
The telecommunications undertaking shall have the right to receive compensation from State resources for the direct costs of the investments and maintenance of systems, equipment and software purchased by the Authority. Where appropriate, the Office shall decide on the reimbursement of costs.
The compensation shall be paid by the authority for which the purchase is made.
The telecommunications company shall not use the systems, equipment or software reimbursed by the Authority for its commercial activities, unless it has been explicitly agreed between the Authority and the telecommunications company.
The undertaking whose obligation is to design, build and maintain communications networks and communications services in accordance with Article 243 (1) (15) shall be entitled to compensation for the costs incurred in the The maintenance fund provided for by the law, where the costs are significant, taking into account the nature and extent of the undertaking's activities.
The reimbursement shall be decided by the Maintenance Safety Centre, which shall request an opinion on the request for reimbursement from the Ministry of Transport and Communications.
The telecommunications undertaking shall have the right to receive compensation from State resources for the implementation of the obligations referred to in Article 280 and the costs arising from such provision.
Compensation may be incurred solely for the direct costs incurred in connection with the investment, use and maintenance of systems, equipment and software purchased by the Authority. Compensation may also be obtained from the direct costs incurred by the authority in respect of the measure. Where appropriate, the Office shall decide on the reimbursement of costs.
The telecommunications company shall not use the systems, equipment or software reimbursed by the Authority for its commercial activities, unless it has been explicitly agreed between the Authority and the telecommunications company.
General guidance and development of activities under this law will be part of the Ministry of Transport and Communications.
The State Council must ensure that there is a structurally effective separation between the regulatory activity of telecommunications undertakings and the ownership of the State Council's ownership or control.
The task of the fcc is to monitor compliance with this law and the provisions and decisions adopted thereunder, unless otherwise provided for in this Act.
The decision taken by the Agency shall not include any contractual relationship between the company and the subscriber or the right of recourse or repayment obligations of the telecommunications company.
The Agency shall not monitor the requirements relating to the protection of the health and safety of persons referred to in Article 254 (1) (2) in so far as they are regulated by another authority.
The Communications Office shall not control the provisions of Chapter 22, except for Articles 176 to 179 and 190.
The Communications Office shall not control the provisions of Chapter 28, except for Articles 241 and 242.
The role of the fcc is to promote co-or self-regulatory action by the industry where, by the nature of the case, co-or self-regulation has the potential to ensure compliance with the requirements laid down in this Act.
The Communications Office shall consult the Ministry of Transport and Communications and shall cooperate with it, in preparing its provisions under this law, on matters which are also accompanied by a regulatory authority or which are of considerable importance to the The achievement of the objectives. In addition, the Office shall consult the Ministry of Finance when preparing, under this law, provisions on matters of relevance to the general development of the public administration and to the structures, control systems and activities of the State administration. , or in the light of the general criteria for the management of the information management, electronic business and information security, the information management cooperation between the State and the municipalities and the central government of the State Council.
In addition to what is provided for in the rest of this law, the Office shall be responsible for:
(1) promote the functioning, integrity and security of electronic communications;
(2) participate in contingency planning and monitor and develop technical preparedness for the sector in exceptional circumstances;
(3) manage radio frequencies and telecommunications and management of communications networks and communications services;
4) coordinate the standardisation of the telecommunications sector;
(5) issue the radio station identification number necessary for the identification of radio broadcasting and, where appropriate, lay down provisions for its use;
(6) gather information and inform on the availability, quality and prices of online services and communications services;
(7) collect information on security breaches and threats to and threats to network services, communications services and value-added services, and the failure and disruption of communications networks and communications services;
(8) information on security issues and the operation of communications networks and communications services;
(9) explain the reasons for the disruption of radio communications, the radio device or the telecommunications terminal, the radio equipment, the telecommunications terminal or the electrical system;
(10) clarify the security breaches and threats to network services, communications services and value-added services;
(11) inform the Commission of its cooperation with the Member State of the European Union, which will lead to the harmonisation of the control measures relating to the security of communications services across borders of Member States which: May have an impact on the functioning of the internal market.
Articles 302, 303, 308, 309, 311-315, 325, 330, 332, 336, 340, 344 and 345 shall also apply to Regulation (EU) No 531/2012 of the European Parliament and of the Council on roaming on public mobile networks within the Union, hereinafter referred to as: EU Roaming Regulation , the enforcement of compliance and penalties for infringements and the settlement of disputes arising from that Regulation.
The Supervisor shall supervise:
(1) compliance with the provisions of Chapter 18 on the processing of transmission data by the Community subscriber;
(2) compliance with the provisions of Chapter 20 on the processing of location data;
(3) compliance with Articles 197 to 199 concerning contact information services;
(4) compliance with the provisions of Articles 200 and 202 to 204 concerning direct marketing;
(5) compliance with the provisions of Chapter 40 on information rights and professional secrecy in respect of location information.
The supervisory tasks referred to in paragraph 1 (1) may be charged to the Community subscriber. The payment measures and the amount of the fee are laid down in a Decree of the Ministry of Justice, in accordance with the criteria laid down by the State Payment Law Act.
The Consumer Ombudsman monitors compliance with Article 214 (4) on the marketing of children. Under the Consumer Protection Act, the consumer ombudsman also monitors the legality of contract terms, marketing and client-based procedures for consumer protection. The Consumer Ombudsman cannot intervene in ideological and social advertising.
In addition to the Communications Office, the police and the border police are monitoring compliance with Article 39 of the radio licence and Article 262 (1) concerning the marking of the telecommunications equipment. In addition to the Communications Office, the Finnish Transport Safety Agency will monitor compliance with Article 266 (1) and Article 267 (1) on the certification of safety radio communications. In addition to the Communications Office, customs control compliance with the rules and regulations governing the importation of telecommunications equipment.
The Ministry of Transport and Communications, the Communications Office, the Data Protection Supervisor, the competition authorities and the consumer authorities shall, in the performance of their duties under this Act, be in appropriate cooperation.
Where appropriate, the Communication Office shall cooperate with the supervisory authority of the State Party of the European Economic Area, or of the State Party to the Council of Europe, which is a party to the Convention.
The Communications Agency shall have the right to receive official assistance from the police, Customs, Border Protection Service and the Transport Safety Agency for the purposes of monitoring and enforcing compliance with this law and the provisions adopted pursuant to it. The Communications Agency shall have the right to receive assistance from the armed forces in order to establish the causes of radio communications interference.
The Agency may, upon request, provide expert assistance to another authority. The Ministry of Transport and Communications will be decided by the Ministry of Transport and Communications. The costs incurred by the fcc shall be borne by the applicant, unless otherwise agreed.
The provision of official assistance as referred to in paragraph 2 shall not entitle the communication agency to provide the other authority with information on messages, brokerage or location information or on the content and existence of a confidential radio transmission.
In addition to what the administrative law provides for consultation of a public authority, the authorities representing telecommunications companies and users shall, before issuing a provision, a decision or an order, be given an opportunity to express an opinion:
1) the registration of the authorisation;
(2) the provision of telecommunications services;
(3) the numbering decision effectively affecting the communications market;
4) decisions under Articles 51 to 79 if they have a significant impact on the communications market.
Within one month, the holder of the authorisation holder and the entities representing telecommunications undertakings and users shall be given an opportunity to comment on the modification of the authorisation conditions or the withdrawal of the authorisation. In exceptional circumstances, the period of one month may be waived.
The communication agency shall publish the decisions referred to in Articles 51 to 79, the provision on the distribution of telecommunications, the numbering decision and the dispute between the telecommunications companies in such a way that they are available to telecommunications companies and user groups.
The State Council shall publish a licence and authorisation decision in the manner referred to in paragraph 1.
Subject to the agreement of the party concerned, the matter may be handled and communicated by an e-mail. The decision or any other document relating to the case shall be deemed to have been served when the party sends a message to the Communications Office to read the message. In the case of a document which, according to the law, is not required to be communicated with evidence, the document shall be deemed to be served on the third day following the transmission of the message, unless otherwise displayed.
However, a document or a decision relating to domain names may always be communicated by e-mail to the communication agency of a party or a representative of the interested party, to the address at which the decision or other document shall be deemed to be: On the third day of sending a message, unless otherwise displayed.
Article 2 shall enter into force on 5 September 2016.
In the event that a party to the administrative file referred to in this Act or a party concerned has provided information to the Agency, either materially incomplete or inaccurate, or failed to communicate the essential contact information, or That such information has not been obtained by any subsequent corrigendum or supplemented and the service of a document or decision relating to the case is not practicable, except as a general service within the meaning of Article 62 of the Administrative Code, The communication agency may also notify the document or decision by publishing The relevant declaration on its website. The decision or other document shall be deemed to have been published one month after the publication of the notice. The notification shall include information on the date of publication and the date of notification of the decision or other document.
Article 3 shall enter into force on 5 September 2016.
The fcc may take the matter under investigation at the request of a party or on its own initiative.
The Agency may prioritise the monitoring tasks laid down in this law. The Office may dismiss the matter as inadmissible if:
(1) it is likely that there is no action contrary to this law or to any provisions adopted pursuant to it;
(2) there is a suspicion of misconduct or negligence, in spite of the functioning of the communications market, the reliability of communications services, the safeguarding of the integrity of electronic communications, and the interests of users; or
(3) the request for action is manifestly unfounded.
The communication agency shall decide on the non-examination referred to in paragraph 2 as soon as possible.
No later than four months after the initiation of the case, the communication agency shall decide on the case under Articles 53 to 80 or 304 (2) of the other undertaking. This period shall not apply to exceptional or otherwise cases brought under exceptional circumstances. The obligations imposed on the parties in the course of a decision shall be in conformity with the provisions of this Act.
The Communication Agency shall promote cooperation between telecommunications companies and shall seek to resolve differences between telecommunications undertakings as a matter of priority.
If mediation does not result in a result in four months, the Agency shall, at the request of the parties to the dispute, take a decision within four months of the end of the conciliation procedure.
Paragraphs 1 and 2 shall also apply to the settlement of a cross-border dispute in which the parties to the dispute are situated in more than one EEA State. In resolving such a cross-border dispute, the Agency shall cooperate with the relevant EEA State Regulatory Authority.
The Agency may also consult the Body of European Regulators for Electronic Communications (Body of European Regulators for Electronic Communications) when resolving cross-border disputes. Where a cross-border dispute has been requested for the opinion of that berec, the Communications Office shall not resolve the matter until the expiry of the time limit for the receipt or adoption of the opinion.
The Ministry of Transport and Communications, the Communications Office, the Data Protection Supervisor, the Consumer Ombudsman and the other authority supervising the provisions of this Act shall, when carrying out their duties under this law, be entitled to The necessary information from those whose rights and obligations under this law are or are acting on behalf of them.
Those whose rights and obligations are laid down in this Act, or on their behalf, shall, upon request, be obliged to collect and, without prejudice to any restrictions on disclosure of information or other information, be obliged to surrender The necessary information under this law to the competent authority for the performance of its tasks.
The information shall be disclosed without delay, in the form requested by the Authority and free of charge.
Notwithstanding paragraphs 1 and 2, the defence forces and the border post office shall not be obliged to provide information on the structure, use and use of radio equipment held or used solely for military purposes. The location and the information necessary for the recovery of payments. Paragraphs 1 and 2 shall not apply to information concerning the radio equipment of a warship, military aircraft or other aircraft used exclusively for the purpose of a State.
The obligation to collect and dispose of, and the authority's right to receive information about messages, brokerage data and location information shall be laid down separately.
Without prejudice to the provisions on disclosure of secrecy or other information, the Communications Agency shall have the right to obtain the necessary transmission and location information concerning the occurrence of failures or irregularities in relation to billing conditions or billing To investigate. Even the person who, acting in accordance with Article 136 (4) in a non-communication capacity, received or otherwise received information from the message or brokerage information which is not intended for him may disclose the message and From the transmission to the Communications Agency, if necessary to clarify the situation.
The Communications Agency and the Data Protection Supervisor shall, notwithstanding the disclosure of confidentiality provisions or other information, have the right to receive transmission information, location information and messages if they are necessary for the treatment referred to in Part VI, and 24 For the purposes of monitoring the provisions on the use of cookies or on direct marketing, or in the case of significant information security breaches or threats. It is also required that, according to the opinion of the Communications Office or the Data Protection Supervisor, there are grounds for suspecting that the constituent elements of any of the following offences are fulfilled:
(1) the breach of data protection for electronic communications within the meaning of Article 349 of this Act;
(2) Article 7 of Chapter 28 of the Penal Code Unauthorised use;
(3) Article 9a of Chapter 34 of the Penal Code Intended for the processing of data;
(4) Article 9b of Chapter 34 of the Penal Code The possession of a cyber crime instrument;
(5) Article 1 of Chapter 35 of the Penal Code The damage referred to in paragraph 2;
(6) Article 1 of Chapter 38 of the Criminal Code For the purposes of confidentiality;
(7) Article 3 of Chapter 38 of the Criminal Code The violation of the communication secret;
(8) Article 5 of Chapter 38 of the Penal Code The purpose of the communication harassment;
(9) Article 7a of Chapter 38 of the Criminal Code, The intended interference of the information system;
(10) Article 8 of Chapter 38 of the Penal Code The data breach;
(11) Article 8b of Chapter 38 of the Penal Code Intended for the protection of the encryption system; or
(12) Article 9 of Chapter 38 of the Penal Code The offence of personal registration.
Without prejudice to the provisions on disclosure of information or other information, the Communications Agency shall have the right to be informed of the existence and transmission of the radio transmission, if necessary to identify the failure of radio communication, and In order to locate, remedy or limit the disruption or prosecution of the person causing the disorder. Information on the content of a radio transmission other than that intended to be received in general may only be provided if it is necessary for the identification, detection, removal or restriction of safety radio communications or interference Prosecution of the cause.
The Communications Office and the Data Protection Supervisor shall dispose of information received pursuant to this Article in the form of messages, brokerage information and location information, where they are no longer necessary for the purposes of carrying out the tasks referred to in this Article or To deal with a criminal case. Information on messages, brokerage data and location data shall be disposed of not later than two years or, in the case of data security breaches, no later than 10 years after the end of the calendar year for which: During which the information was obtained or the decision on the criminal case or the judgment was obtained.
The right to information provided for in this Article shall not apply to the Law on the operation of credit institutions (610/2014) Chapter 15, Article 14 Or Article 20 of Chapter 17 of the Court of Justice The information referred to in paragraph 1. (12/06/2015)
L to 25/2015 The amended paragraph 5 shall enter into force on 1 January 2016. The previous wording reads:
The right to information provided for in this Article shall not apply to the Law on the operation of credit institutions (610/2014) Chapter 15, Article 14 Or Article 24 of Chapter 17 of the Court of Justice The information referred to in paragraphs 2 and 3.
The communication agency shall also monitor and use, in so far as is necessary, the transmission of a radio transmission, other than that intended to be received, to the extent necessary for the radiocommunications failure or for the use of the radio licence In order to identify and locate the radio transmitter, to remove or limit the disturbance and to prosecute the source of the disorder. However, the content of a radio broadcast other than that intended to be received in general may be monitored and the information obtained from the content of the consignment may be used only if it is necessary to identify the disturbance of the safety radio communication, In order to eliminate or restrict or prosecute the source of the disorder.
Article 136 (4) shall not preclude the provision of information to the Communication Office on the existence and transmission of radio transmission, if necessary for the purpose of identifying and locating radio communications disruption, in order to remedy or limit the disruption Or the prosecution of the person causing the disruption. Information on the content of the radio transmission shall be provided only if it is necessary for the identification, detection, removal or limitation of safety radio communications or the prosecution of the person causing the disruption.
The communication agency shall dispose of confidential radio communications data after they are not necessary to ensure that radio communication is not sufficiently disrupted or to deal with any disruption of administrative or criminal proceedings. The data shall be disposed of not later than two years or, in the case of information necessary to ensure the integrity of the security radio communications, no later than 10 years after the end of the calendar year during which the data were obtained Or the judgment in the administrative or criminal proceedings or the judgment.
The Ministry of Transport and Communications, the Communications Office, the Data Protection Supervisor and the Competition and Consumer Agency shall, notwithstanding the restrictions on disclosure of secrecy or other information, have the right to surrender The document received or drawn up in the course of the performance of their duties and shall be disclosed in secret with each other if it is necessary for the performance of their duties.
The Ministry of Transport and Communications and the Communications Office shall have the right to divulge the secret document and to disclose information in secret to the Commission and to the other EEA Surveillance Authority if it is in the control of the communications market. Necessary.
The right of extradition and expression, as referred to in this section, shall not include information on messages, brokerage data, spatial data or the content and existence of a confidential radio transmission.
The Ministry of Transport and Communications or the Communication Office may only use a confidential document from a foreign authority for the purpose for which it has been issued.
The information received and acquired by the Communications Agency and by the Data Protection Supervisor under Articles 316 and 317 shall be kept secret from the messages, brokerage data, location data and the content of the confidential radio transmission.
Without prejudice to the obligation of professional secrecy or other information provided for in paragraph 1, the Agency shall, notwithstanding the restrictions on disclosure of information, the right to disclose information received in connection with the collection and settlement of data breaches; and Other information:
(1) to the communication agent, to the provider, to the entity, to the subscriber and to the user, if it has been exploited in the security breach, it has been the victim of a breach of security or is likely to be affected; A breach of security and, if the Communication Office considers it reasonable to suspect that one of the offences referred to in Article 316 (2) (1) to (12) has been committed;
(2) to an authority or other responsible authority in another State whose mission is to prevent or resolve breaches of security in connection with communications networks and services.
The Communications Agency shall have the right to disclose information as provided for in paragraph 2 only to the extent necessary to prevent and clarify the security breaches. The transmission of information shall not restrict the protection of confidential messages and privacy any more than is necessary.
Paragraph 1 shall not prevent transmission of transmission to another authority where it is necessary for the detection or prosecution of a crime caused by radio interference, or in order to remedy the disturbance of radio communications, or Limitation.
When defining the authorities and other bodies referred to in paragraph 2 (2), the Agency shall cooperate with the Ministry of Transport and Communications. Where completion of the donation can have significant social significance or effects on the general development of electronic communications services, the Ministry of Transport and Communications shall decide which authorities or other entities The communication agency may disclose the information referred to in paragraph 2.
The Ministry of Defence and Border Protection shall not, notwithstanding the obligation of professional secrecy, have the right to receive information from the Communication Agency on the use of spectrum relevant to emergency preparedness planning and emergency conditions. The right to information does not concern information about messages, brokerage data, location data or the content and existence of a confidential radio transmission.
The telecommunications company is obliged to hand over to the Emergency Centre, the Marine Rescue Centre, the Marine Rescue Centre and the police:
(1) the identification of the connection and the location of the connection and terminal equipment on which the emergency declaration has been made and the subscriber, user and installation address of the subscriber; and
(2) the contact details and location details of the terminal equipment and the connection used by the person subject to the emergency declaration, if the person is, in the reasoned opinion of the requested authority, in an obvious need; or Immediate danger.
The information referred to in paragraph 1 shall be disclosed without prejudice to the confidentiality of the information referred to in Article 136 and of the location data referred to in Articles 160 and 161 and irrespective of the subscriber or user Agreed with the telecommunications company to keep the information confidential.
The service provider shall have the right to disclose the information referred to in paragraph 1 to the authority mentioned therein.
On the right of public authorities to obtain information on the prevention, detection or detection of criminal offences in police officers, border guards (1920/2005) , the Law on the processing of personal data in border guards (1920/2005) , customs services (1466/1994) And the law of coercion.
The information to be retained on the basis of Article 157 may be obtained from depositaries only by the authorities which have the right to obtain the information under the law.
The company shall, without compensation, disclose to the Authority the information in its possession:
(1) is necessary for the maintenance of public order and security, the detection, detection or prevention of criminal offences or the maintenance of the mission provided for in the maintenance of civil protection; and
2) to which the authority has a specific right.
Teleworking shall be subject to a measure enabling the interception of telecommunications provided for by the law of the Authority.
In cases of immediate threat to life and health, the disclosure of information or the measure must be taken as a matter of urgency.
The Authority shall, at its expense, implement the system by which it may receive and process the information referred to in paragraph 1 or the interception of telecommunications referred to in paragraph 2. The Authority shall also be responsible for the costs incurred by the Authority for connection to the public communications network and service. However, the telecommunications company must carry out emergency traffic control changes free of charge.
The Communications Agency may provide more detailed provisions on the implementation of the measures and requests for information referred to in paragraphs 1 and 2.
Articles 326 and 327 and Article 329 (3) shall not apply to defence forces or border guards in the exercise of their military defence-related radio communications and not solely for military defence purposes Radio equipment held by them.
Articles 326 and 329 (2) and (3) shall not apply to the radio equipment of a warship, military aircraft or any other aircraft used exclusively for the purpose of a State.
Article 326 (1) and (2) and Article 329 (2) shall not apply to the radio transmitters of a foreign vessel or aircraft other than those referred to in paragraph 2. Article 329 (3) shall not apply to those radio transmitters if the holder of the radio transmitter or the user, on request, shall, in accordance with the authorisation or certificate, present the provisions of Article 267 (1) and Article 326 (3).
The Communications Agency shall have the right to carry out a technical security or performance audit or an economic check in the telecommunications undertaking in order to monitor the obligations imposed by this law and by the provisions adopted pursuant to it. The audit is governed by Article 39 of the Administrative Code.
A network of authorities may also be subject to a technical safety and operational audit.
The Communications Agency shall have the right to have a technical safety and performance audit carried out by an independent expert. The expert shall be subject to the provisions relating to criminal liability in the performance of his duties under this Article. The liability for damages is governed by the law on compensation.
Without prejudice to the confidentiality of the information, the communication agency and its behalf shall have the right of access to the equipment premises and other premises of the telecommunications company and, without prejudice to the confidentiality of the data, to the supervisory function: Documents and information.
The inspection shall not be carried out in the premises used for permanent housing.
The Communications Agency shall have the right to supervise compliance with this law and the provisions, regulations and decisions adopted pursuant to it, in a place where:
(1) a radio transmitter which is required to hold a radio licence within the meaning of this law, or for which a certificate of competence or certificate referred to in this Act is required;
(2) a radio device or a telecommunications terminal that has been found or is likely to have been, or is likely to be, in contravention of the rules or regulations or causing a disturbance;
(3) An electrical device, referred to in Article 97 (2), which has been found or is likely to have been or is suspected to have acted in contravention of the provisions or regulations or to cause a disturbance;
(4) radio equipment or telecommunications terminal equipment marketed or intended to be placed on the market;
(5) Article 269 (2) decoder system.
The Communications Agency shall have the right to enter the place where the likely cause of the device referred to in paragraph 1 is suspected. However, the verification may be carried out in the premises used for a permanent residence, only if it is necessary to establish the facts of the case and there is a particular reason to suspect that Article 348 (1) (1) to (3) of this Law Provisions or Chapter 38 of the Criminal Code Articles 5 to 7 or 8b have been infringed.
At the request of the operator, operator and owner of the radio device, the radio licence shall be presented to the Communications Office, the Border Guard and the police.
If it is suspected that Article 253, § 262 (2), or 263 or 269 of Article 263 or Article 269 have been infringed, the inspector shall have the right to take the device and its documents for examination and prohibit the use, marketing, supply, loss of Disposal for the duration of the investigation to be carried out. The person from whom the device is admissible shall issue a certificate showing the admissible property and the reason for its admissibility.
If the admissible telecommunications equipment complies with the requirements of this law and the provisions and regulations adopted pursuant to it, and its value has been reduced as a result of the investigation, the owner shall be required to pay compensation equivalent to the fair price for the device.
Where the telecommunications equipment is substantially contrary to this law or to any provisions or provisions adopted pursuant to it, the Office may oblige the manufacturer or importer to bear the costs of the investigation and to remove Equipment on the market.
The Communications Agency shall be entitled to monitor radio communication and its technical implementation in order to ensure adequate frequency and efficient use of radio frequencies.
The Communications Agency shall have the right to prohibit the import, marketing, sale, supply and use of telecommunications equipment and the use of a special electrical device, as referred to in Article 97 (2), if it has caused an adverse event or is likely to be To be expected to cause harmful interference.
The communication agency shall have the right to prohibit the import, marketing, sale, supply and use of the radio device, even if the radio device is likely to cause a disturbance to the intended use of the radio spectrum referred to in Articles 95 or 96. Use.
The Communications Agency shall have the right to inspect and examine the radio device, if it is likely to be in breach of this law or of any provisions or provisions adopted pursuant to it, or has caused, or is likely to cause, Harmful interference. Where the radio device or its use is found to be substantially contrary to this law or to any provisions or provisions adopted pursuant thereto, or may cause a harmful interference, the Communications Office may temporarily carry out the radio device Incapacitated if it does not cause undue harm or damage to the holder of the radio device under the circumstances. In other respects, the provisions of Article 327 shall apply to the admissibility of the radio device.
The Communications Office, the Data Protection Supervisor and the Public Works Authority of the Municipality of Municipality may, in the performance of their duties under this Act, make a comment to the person in breach of this law or of the provisions, regulations, decisions and permit conditions adopted pursuant to it. And to oblige it to correct its errors or omissions within a reasonable period.
In respect of the provisions referred to in Article 306, which are supervised by the Ombudsman, Chapter 2 of the Consumer Protection Act Articles 16, 17, 19 and 20 provide.
In the event of an immediate and serious risk to public order, public security or public health or a serious threat to public order, public security or public health, any failure or failure to comply with this law, or a provision, order, decision or condition Financial or operational harm to other undertakings, subscribers or users, or to the operation of communications networks or communications services, the Office may without delay decide on the necessary interim measures provided for in Article 330 Irrespective of the deadline.
Before adopting a decision on provisional measures, the Office shall provide the beneficiary with an opportunity to be heard, unless the consultation cannot be provided as quickly as the urgency of the matter necessarily requires.
As a temporary measure, the Communication Office may suspend any risk or serious injury. In addition, the Agency may limit the use of spectrum or impose any other coercive measures against them. Temporary measures may be valid for a maximum period of three months. The Office may extend provisional measures for a period of up to three months if the error or omission has not been remedied within the time limit. The decision on temporary measures may be subject to an appeal in the same way as the decision referred to in paragraph 1.
In accordance with Article 330 or Article 331, a periodic penalty payment may be imposed or a threat of suspension or failure to act at the expense of a failure to act.
Paragraph 1 shall not apply to the obligations referred to in Articles 176 to 179 or 190.
The penalty payment, the suspension threat and the threat of commissioning are laid down in the laws of the Member States. The cost of the measure taken shall be paid in advance from State resources and recovered from the defaulter. The costs to be recovered are directly recoverable. Their succession is governed by the law on the implementation of taxes and charges.
A penalty payment may be imposed on a company operating contrary to the obligation imposed under Articles 53 to 55 and despite the request, within a reasonable period of not less than three months.
The penalty payment shall not be imposed where the procedure does not have a significant effect on the market or where the imposition of a penalty payment is otherwise manifestly unfounded in order to safeguard competition. In addition, the levy may not be imposed if the telecommunications company has been ordered or ordered to pay a penalty fee for an act or omission in competition.
When calculating the penalty, account shall be taken of the nature, extent and duration of the proceedings and the penalty payment in accordance with the competition law as provided for in the act or omission. The fee shall be at least eur 1 000 and not more than eur 1 million. If there is a very significant impact on the market, this amount may be exceeded. However, the fee shall not exceed 5 % of the turnover of the telecommunications network for the previous year's electronic communications networks and services.
The amount of the levy shall be determined on the basis of a proposal by the fiche. Processing and clearing of the case in market law is governed by the law on the conduct of the proceedings in market law (100/2013) . The levy is imposed on the State.
The television or radio operator, acting in breach of the provisions of Chaos 25 and 26 and notwithstanding the request, shall be subject to a penalty payment in respect of the period laid down by the Authority referred to in Article 303 or 306.
The penalty payment shall not be imposed where the procedure does not have a significant effect on the achievement of the objectives set out in Chapters 25 and 26, or if the imposition of a penalty payment is otherwise manifestly unfounded in order to safeguard them.
The imposition of penalties shall take account of the nature, extent and duration of the procedure. The fee shall be at least eur 1 000 and not more than eur 1 million. Where acts or omissions have a very significant impact on the achievement of the objectives of Chapter 25 and 26, this amount may be exceeded. However, the fee shall not exceed 5 % of the turnover of the licence of the television or radio operator during the previous year's licence.
The amount of the penalty payment shall be determined by the Consumer Ombudsman on a proposal from the Consumer Ombudsman in the cases relating to Article 214. The procedure for dealing with and clarifying the matter is governed by the law on the conduct of the proceedings in market law. The penalty payment is payable to the State.
The penalty payment is directly enforceable. Its recovery is governed by the law on the implementation of taxes and charges. The Legal Register Centre shall be responsible for the implementation of the payment. A decree of the Council of State may lay down provisions on the obligation to notify authorities of relevance to the enforcement of the penalty payment, the return of the penalty payment and other similar charges, for the purposes of the implementation of the payment And more detailed provisions on the implementation of the penalty payment.
A communication agency may refuse to use or renew the use of an agreement contrary to Article 107 or to renew the use of such an agreement if the prohibition is necessary to protect the consumer.
The fcc may impose a penalty payment on the prohibition decision. The penalty payment is to be condemned by market law.
The decision referred to in paragraphs 1 or 2 of the Communications Agency shall not be subject to appeal. The telecommunications company may bring a prohibition decision to a market law within 30 days following the notification of the Office's decision. Otherwise, the decision will remain permanent. The conduct of the proceedings in market law is governed by the law on the conduct of the proceedings.
The consumer agent may, at the risk of the fine, oblige the telecommunications company to close the number without delay or otherwise prevent the use of the service if it is apparent that the service is intended to achieve an unfair economic advantage through the marketing of the service subscribers and Incorrect or misleading information relevant to users, and fees due to the subscriber's communication service calculation. The Consumer Ombudsman may also issue a decision as temporary, in which case it shall remain in force until the matter has been finally resolved.
In its decision under paragraph 1, the consumer ombudsman shall provide that the telecommunications undertaking shall, immediately after receiving the decision, suspend the invoicing of the content service and discontinue the holding of the assets already acquired or accumulated. The service provider or the other telecommunications undertaking.
Before issuing a decision in accordance with paragraph 1, the consumer ombudsman shall allow the telecommunications undertaking and the service provider to be heard, unless the consultation cannot be provided as quickly as the urgency of the matter necessarily requires.
The decision referred to in paragraph 1 of the Consumer Ombudsman shall not be subject to appeal. The telecommunications company or the person whose service has been prevented may take a non-interim decision to the market within 30 days after receipt of the information. Otherwise, the decision will remain permanent. The conduct of the proceedings in market law is governed by the law on the conduct of the proceedings.
If the decision referred to in paragraph 1 of the Consumer Ombudsman remains a permanent one, the telecommunications undertaking shall, without delay, and no later than 30 days after the final settlement of the case, return the payments made by the subscribers to the subscribers in full. If the assets accumulated by the telecommunications company are not sufficient to cover all subscribers' claims, the funds shall be repaid in proportion to the amount receivaded. Annual interest shall be paid on the amount to be returned Article 12 of the Statute, In accordance with the reference rate.
The Office may be obliged to suspend, in whole or in part, the television broadcasting activities referred to in Article 3, if, despite the measures provided for by Articles 330 to 332 or 334 of the activity, a serious and persistent breach of the The law or the provisions adopted pursuant thereto.
For a maximum period of one month, the Council of State may decide to suspend the transmission of television programmes from outside Finland if, in a way that is apparent in the software, repeatedly:
1) are guilty of Article 10 of Chapter 11 of the Penal Code For incitement to incitement against a group of people; or
(2) is grossly contravened the provisions of Article 6 of the photo programme.
If the television broadcaster responsible for the television programme referred to in paragraph 1 is established in one of the EEA States, the broadcasting of the broadcasting of television programmes shall be subject to the following: The procedure laid down in Article 3 (2) of the Media Services Directive. If the broadcaster is established in a country which is not part of the European Economic Area, but the State Party to which the Council of Europe is party to the TV Convention, the broadcasting of television programmes shall be suspended. Shall comply with the procedure laid down in Article 24 (1) and (2) of that Agreement.
If, in spite of the penalties referred to in Articles 331 to 334, the telecommunications company is in serious and material breach or failure to comply with the provisions of this Act, the provisions or decisions adopted pursuant to it may be prohibited by the Office for Telecommunications The operation of telecommunications. The Agency may prohibit the operation of the telecommunications company in whole or in part.
Until the decision referred to in Article 52 has been adopted, the Agency may prohibit the provision of a service or service package which causes significant harm to competition.
If there are serious grounds for suspecting that a particular place of domestic peace has been made Article 7 of Chapter 38 of the Penal Code Or the offence referred to in Article 348 (1) (2) or (3) of this Law, in order to find an unlawful radio device or a terminal equipment or to establish a criminal offence, a general search or location search and an identity check may be carried out. Notwithstanding the provisions of Article 2 (1), Article 4 and Article 31 (1) of Chapter 8 of the Conversion Act. In addition, a search or inspection is necessary in order to achieve its objectives.
The obligation to retain the information referred to in Article 157 may require an undertaking from the Ministry of the Interior.
The decision of the Office concerning the radio licence referred to in Article 39, the Radio Spectrum Decision referred to in Article 44, the numbering decision referred to in Article 100, the market-based frequency fee referred to in Article 288 and Article 289 The information society fee, may apply for an adjustment from the Communication Office.
For the purposes of the decision on the quality assurance system for radio equipment referred to in Article 255 (1) of the assessment body, and the qualification of an external examiner as referred to in Article 265 (3), May apply for an adjustment to the Communications Office.
The correction procedure is laid down in Chapter 7a of the Administrative Code.
The decision to conclude a decision under Chapter 21, Section 295 and Article 312 (2) and (3) of the Communications Office is to appeal to market law. In its decision, the Office may order that the decision must be complied with in spite of the appeal, unless otherwise specified in the market law.
Processing by market law of the complaint referred to in paragraph 1 shall be governed by the law of the market law.
The Communications Agency shall have the right to appeal against a decision taken by the market.
Administrative decision of the Ministry of Transport and Communications, the Data Protection Supervisor, the Municipality Building Supervisory Authority and the Communications Office, other than those referred to in Article 342, and the decision of the Communications Office and the Ministry of the Interior to make a decision May appeal to the administrative court, as in the case of administrative law, (18/06/1996) , unless otherwise specified below.
In the decision referred to in Articles 233 and 235, the issuing authority may order that the decision be taken in spite of the appeal, unless the appeal authority decides otherwise.
By way of derogation from paragraph 2, the decision of the Communications Office concerning extradition referred to in Article 213 shall be complied with, in spite of the appeal, unless the Authority decides otherwise.
The Communications Agency shall also be entitled to appeal against the decision of the Administrative Court which annulled or amended the decision referred to in paragraph 1 of the fiche.
Decision of the Administrative Court on the withdrawal of the software licence referred to in Article 32, in the case of the withdrawal of the radio licence referred to in Article 49, in the case of Article 233, Article 235 And the withdrawal of the designation of the assessment body referred to in Article 255 shall be subject to appeal as provided for in the Administrative Loan Act. An appeal against any other decision of the administrative court may be lodged only if the Supreme Administrative Court grants an appeal.
The decision to appeal to the Supreme Administrative Court may be appealed by:
(1) the Council of State has adopted this law;
(2) By virtue of Articles 52 to 55, the Office of Communications is responsible for monitoring compliance with such a decision;
(3) Article 85 of the Communication has been carried out by the Communications Office;
(4) In accordance with Article 314, the Communication Office has carried out the supervision of the EU Roaming Regulation;
(5) the market law has been adopted by virtue of this law, with the exception of the decision referred to in Articles 336 and 337, which is to be amended as provided for by the Law on the conduct of the proceedings.
The decision of the State Council and the Communications Office referred to in paragraph 2 (1) to (4) shall be complied with, in spite of the appeal, unless the Appeals Authority decides otherwise. The appeal must be treated as a matter of urgency.
By purpose of Article 22 (1), Articles 26 and 28 or Article 34 (1), which deliberately carries out television or radio activities pursuant to Articles 22 (1), 26, 28 or 34 (1), or without notification of an activity as provided for in Article 4 (1), or The prohibition laid down in Articles 338 and 339 must be condemned. On the television and radio action Fine.
The punishment will not be judged if the offence is minor.
Every other than Article 8b of Chapter 38 of the Penal Code In accordance with the provisions of Article 269 (2) of the Treaty establishing the European Community, the Court of Justice of the European Union, the Court of Justice of the European Union, On the protection of the decryption system, Fine.
The prosecutor may not press charges for a breach of the encryption system unless the plaintiff declares the offence to be committed, or unless a very important public interest requires an indictment.
The punishment will not be judged if the offence is minor.
Every intention.
(1) hold or use the radio transmitter without the radio licence provided for in Article 39, or use a radio transmitter without the competence provided for in Article 265 or the eligibility provided for in Article 266;
(2) in order to prevent or restrict the prohibition set out in Article 329 or to limit the supervisory decision provided for in Article 330,
(3) in breach of the prohibition laid down in Article 253 concerning the import, sale, marketing, transfer or examination of equipment, or the examination of the equipment, as provided for in Article 327 concerning the import, sale, marketing, transfer or display of equipment;
(4) infringes Article 258 of the radio receivers and radio equipment, Article 259 for the verification of conformity of the telecommunications terminal equipment, and the conformity of the communication network. Article 260 or Article 263 (5) of the notification requirement for the retention of documents relating to the verification of conformity or of the obligation to notify the placing on the market of equipment on the market. Article 262 (1) or the radio device or Article 262 (2), as provided for in Article 262 of the telecommunications terminal equipment;
Shall be condemned, unless the act otherwise provides for a heavier penalty, On the telelaive infringement Fine.
Any violation of a periodic penalty payment or penalty or an obligation imposed under Article 332 shall not be punishable under paragraph 1 for the same offence.
The punishment will not be judged if the offence is minor.
Every intention.
(1) fails to comply with the obligations laid down in Article 205 (1) concerning the request for consent and information,
(2) fails to comply with the obligation laid down in Article 247 to provide information on the processing of its services or brokerage data and location data;
(3) fails to comply with Article 275 (1) or Article 278 (2);
(4) processing brokerage information in Articles 136 to 144 or on location information, in breach of Article 160 (1) to (4) or Article 161, or any provisions adopted by the authority in relation to the processing;
(5) Whereas Article 152-154 provides for the establishment and provision of a report or prior notification to the user, the employee representative or the Supervisor;
(6) fails to comply with the obligations laid down in Article 145 or Article 158 (3);
(7) fails to comply with Article 162 on the rights of the user and the subscriber;
(8) Whereas Article 134 provides for a breakdown of the contact point for the invoice;
(9) fails to comply with the provisions of Articles 197 to 199 concerning the processing of personal data contained in the contact information services, the subscriber's purpose and the use of information, the deletion and correction of the data, the rights of the prohibition or legal persons Rights or
(10) conduct direct marketing, market a telephone connection or record or use data in contravention of Articles 200 to 203 or 205;
Must be condemned On the breach of data protection in electronic communications Fine, unless the law provides for a heavier penalty in the rest of the law.
The punishment will not be judged if the offence is minor.
The penalty for the protection of the encryption system is punishable by: Article 8b of Chapter 38 of the Penal Code .
The punishment for the violation of the communications secret is provided for Article 3 of Chapter 38 of the Criminal Code , the violation of a serious communications secret in Chapter 38, Section 4, and the penalty of the breach Article 8 of Chapter 38 of the Penal Code . The penalty for breach of the obligation of professional secrecy laid down in Article 136 (4) and Article 160 (5) of this Act shall be punished. Chapter 38 of the Criminal Code 1 or 2, if the act is not punishable Article 5 of Chapter 40 of the Penal Code Or otherwise, the law provides for a heavier penalty.
This Act shall enter into force on 1 January 2015.
This law will repeal:
(1) television and radio law; (18/04/1998) ;
2) Law on radio frequencies and telecommunications equipment (1015/2001) ;
3) law on the prohibition of certain decoders; (1017/2001) ;
4) Law on the provision of information society services (188/2002) ;
5) domain name law; (2003) ;
6) communications market law; (393/2003) ;
7) Data Protection Act for Electronic Communications (14/0/2004) ;
(8) Law on the auctions of certain radio frequencies (1920/2009) .
Article 106, Chapter 15 and Article 135 shall enter into force on 1 July 2015. The Articles 61, 66, 67, 67, 67 a-67 i, 68, 69 a, 70, 70 a, 71, 72, 73-79, 79a, 81, 82 and 83a shall apply until 30 June 2015. (12/04/1217)
The network code shall apply until 4 September 2016. Chapter 21, Section 21, Article 295 and Article 312 (2) and Article 3 (3) of this Act concerning the domain name of the party concerned shall enter into force on 5 September 2016.
Article 201 shall apply until 1 July 2018. (26/06/2015)
Article 227 (1) (2) and (3) shall apply until 31 December 2016.
Article 288 (1) (3) of this Law shall enter into force on 1 January 2024.
Article 304 (2) shall apply until 30 June 2022.
Article 43 (3) and (4) of the Communications Market Act shall apply until 31 December 2015.
At the time of entry into force of this Act, the provisions in force at the time of entry into force of the Act shall apply.
Upon the entry into force of this Act, a valid network or software licence, a radio transmitter licence, a radio station identification and a qualification and validity certificate shall remain valid for the period specified therein.
The law on the auctions of certain radio frequencies shall apply to concessions granted under it until they expire.
The rights and obligations of telecommunications undertakings, based on the communications market, remain in force until the Communication Office has for the first time taken a decision in accordance with Article 52 of this Act on significant market power and, as a consequence, The rights and obligations under this Act. Where necessary, the termination of obligations under the communications market of the telecommunications company shall be fixed by a separate decision of the Communications Office.
The rights and obligations of telecom undertakings, based on Article 59 of the Communications Market Act, remain in force until the Office for Communications, for the first time, takes the decision to introduce a procedure under Article 85 of this Act.
Under Article 134 (1) (3) of the Communications Market Act, the obligation to pass on the network without compensation freely received on the basis of the public interest received on the basis of a national television programme broadcast by MTV Oy. MTV3, Sanoma Entertainment Oy Four and Fox International Channels Netherlands Holding B.V. Fox, shall remain in force until the licences under Article 26 of this Act enter into force. The obligation laid down in Article 19a of the Television and Broadcasting Act to make software available for visual and hearing aids remains in force until the Council of State has adopted the regulation referred to in Article 211 (2) of this Law.
The broadcaster's obligation, based on Article 15a (1) and (2) of the Television and Broadcasting Act, to inform the public of dangerous goods on television programmes shall be valid until such time as Article 26 of this Law The licences will enter into force.
The obligation of a radio operator, based on Article 15a (1) and (2) of the Television and Broadcasting Act, to inform the public of dangerous goods in radio software is valid for the radio operator for television and radio activities Within the meaning of Article 7 (1) of the Law on the Rights of the Child.
Article 229 (4) does not apply to an agreement concluded before the law enters into force.
Article 288 (1) (1) shall apply to concessions granted after the entry into force of the law.
Where the law or the decision adopted pursuant to that law makes reference to the law repealed by that law, the reference shall be construed as referring to the corresponding provision of this law.
THEY 221/2013 , LiVM 10/2014, EV 106/2014, 2009 /140/E; OJ L 337, 18.12.2009, p. 37, 2009 /136/E; OJ L 337, 18.12.2009, p. 11, 2006 /24/EC; OJ L 105, 13.4.2006, p. 54, 2010 /13/EU; OJ L 95, 15.4.2010, p. 1, 2000 /31/EC; OJ L 178, 17.7.2000, p. 1, 98 /84/EC; OJ L 320, 28.11.1998, p. 54This Act shall enter into force on 1 January 2015.
THEY 237/2014 , LiVM 24/2014, EV 186/2014
This Act shall enter into force on 1 January 2016.
THEY 46/2014 , LaVM 19/2014, EV 274/2014
This Act shall enter into force on 1 January 2016.
THEY 254/2014 , TaVM 34/2014, EV 371/2014
