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Regulation For The Implementation Of Eu Directives In Settoredelle Telecommunications. (Suppl. Ordinario N. 191)

Original Language Title: Regolamento per l'attuazione di direttive comunitarie nel settoredelle telecomunicazioni. (Suppl. Ordinario n. 191)

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THE PRESIDENT OF THE REPUBLIC In view of art. 87, fifth paragraph, of the Constitution; Viewed on consolidating the legislative provisions on mail, postal banking services and telecommunications, approved by Decree of the President of the Republic March 29, 1973, n. 156; The Order of the Minister of Posts and Telecommunications 31 January 1983 concerning the national allocation plan for radio frequencies, published in the ordinary supplement to the Official Gazette no. 47 of 17 February 1983; Given the conventions concluded on 1 August 1984 between the Ministry of Posts and Telecommunications and the company 'SIP, Italcable and Telespazio, approved by Decree of the President of the Republic August 13, 1984, n. 523, governing the provision of telecommunications services for public use; In view of art. 17, paragraph 2, of the law 23 August 1988, n. 400; In view of art. 4, paragraph 1, of the law March 9, 1989, n. 86; The Order of the Minister of Post and Telecommunications 6 April 1990 on the National Telecommunications Development Plan, published in the ordinary supplement to the Official Gazette no. 90 of 18 April 1990; Having regard to Law 29 January 1992 n. 58, laying down rules for the telecommunications sector reform; Given the Decree of the Minister of Posts and Telecommunications May 23, 1992, n. 314, as amended by Ministerial Decree of 17 April 1997, n. 160; Having regard to Legislative Decree February 9, 1993, n. 55, implementing Directive no. 90/387 / EEC; The Order of the Minister of Post and Telecommunications 4 May 1993 amending Ministerial Decree 31 January 1983, published in the Official Gazette no. 137 of 14 June 1993; Given the Decree Law 1 December 1993, n. 487, converted with amendments by Law 29 January 1994, n. 71; Given the Decree of the Minister of Posts and Telecommunications 18 March 1994 implementing Directive No. 91/287 / EEC, published in the Official Gazette no. 72 of 28 March 1994; Having regard to Legislative Decree of 2 May 1994, n. 289, implementing Directive no. 92/44 / EEC; Given the agreement reached on 30 November 1994 between the Ministry of Posts and Telecommunications and the company 'Omnitel Pronto Italy, approved by Decree of the President of the Republic December 2, 1994, that the public service diciplina completion of communication with the mobile radio system in numerical technique called GSM, published in the ordinary supplement to the Official Gazette no. 25 of 31 January 1995; In view of the agreement signed on 16 December 1994 between the Ministry of Posts and Telecommunications and the company 'Telecom, approved by Decree of the President of the Republic of 22 December 1994 governing the creation and network management for the performance of the service in GSM numerical technique, published in the ordinary supplement to the Official Gazette no. 25 of 31 January 1995; Having regard to Legislative Decree 17 March 1995, n. 103, implementing Directive no. 90/388 / EEC; The Order of the President of the Republic September 4, 1995, n. 420; Having regard to Law 14 November 1995, n. 481; In view of art. 1, paragraph 2 of the Decree Law 23 October 1996, n. 545, converted with amendments by Law 23 December 1996, n. 650; Having regard to Legislative Decree 12 November 1996, n. 614, implementing Directive no. 91/263 / EEC; Having regard to Legislative Decree 12 November 1996, n. 615, implementing Directive no. 89/336 / EEC; Given the Decree Law May 1, 1997, n. 115, converted with amendments by Law July 1, 1997, n. 189 implementing the transposition of Directive n. 96/2 / CEC on mobile and personal communications; Heard the Technical Board of Post and Telecommunications; After hearing the competent parliamentary committees; Having heard the opinion of the State Council, made in the meeting of the advisory department for regulations of 30 June 1997; Given the decision of the Council of Ministers in its meeting of August 5, 1997; Given the observation by the Court of Auditors - office monitoring acts of Government - n. 25 of 15 September 1997 concerning Article 19 of the Decree of the President of the Republic of 7 August 1997 on the transposition of EU directives in the field of telecommunications; It decided to join the aforementioned survey and, consequently, to adopt a new decree of the President of the Republic to replace the one issued on August 7, 1997; Given the decision of the Council of Ministers in its meeting on 19 September 1997; On the proposal of the Minister of Communications; Emana
the following regulations: Art. 1 Definitions 1. For the purposes of this Regulation shall apply: a) "special rights" means the rights granted by a Member State to a limited number of undertakings through any legislative, regulatory or administrative instrument, within a given geographical area, limits to two or more 'the number of such undertakings authorized to provide a service or undertake an activity', otherwise than according to objectivity 'criteria, proportionality' and non-discrimination, or designates, otherwise according to such criteria, several competing undertakings as being authorized to provide a service or undertake an activity ', or confers, on any undertaking, otherwise than according to such criteria, legal or regulatory advantages which substantially affect the ability' of any other undertaking to provide the same telecommunications service or to undertake the same activities' in the same geographical area under substantially equivalent conditions; b) "exclusive rights" means the rights granted by a Member State to an undertaking, through any legislative, regulatory or administrative instrument, reserving the right 'to provide a telecommunication service or undertake an activity' within a geographical area; c) "essential requirements", the reasons of general interest and non-economic nature which may cause a Member State to impose conditions on the establishment and operation of telecommunications networks or the provision of telecommunications services, possibly limiting the ' access. These reasons are the security of network operations, the maintenance of its integrity 'and, in justified cases, interoperability' of services, data protection, environmental protection and town and country planning objectives as well as' the 'effective use of the frequency spectrum and the avoidance of harmful interference between radio-based telecommunications systems and other systems based on the technology of space or terrestrial transmissions. Data protection includes the protection of personal data and the confidentiality of information transmitted or stored in respect of the protection of rights and freedoms' fundamental rights and of the legal persons, entities or associations; d) "authorities' national regulatory authority" means the body or bodies responsible for carrying out the regulatory functions, legally distinct and functionally independent of the telecommunications organizations; in this Regulation and the body 'called Authority'; e) "telecommunications operator", a public or private entity, and the subsidiaries it controls, which are recognized rights, also special and exclusive, for the installation and provision of public telecommunications networks as well as' where case, for the provision of public telecommunications services; f) "users" means individuals, including consumers, or organizations using or requesting publicly available telecommunications services; g) "subscriber" means any natural or legal person who is party to a contract with a provider of telecommunications services accessible to the public for the provision of such services; h) "telecommunications network", a transmission system and, where applicable, switching equipment and other resources which permit the conveyance of signals between defined network termination points by wire, radio, optical or other electromagnetic means ; i) "public telecommunications network" means a telecommunications network used, in whole or in part, to provide telecommunications services accessible to the public; l) "private telecommunications network" means a telecommunications network that is not 'used to provide telecommunications services to the public; m) "public telephone network", a public switched telecommunications network which is' used, among other things, for the provision of voice telephony service between network points at fixed locations terminals; n) "mobile and personal communications" system, a system consisting of installation and operation of a mobile network infrastructure whether connected or not to the termination points of a public telecommunications network, to support the transmission and provision of services radio communication to mobile users; o) "cable television network", a ground infrastructure for the delivery or distribution of radio and television signals to the public;
p) "mobile and personal communications services", a service, except those via satellite, which consists wholly or partly in the establishment of radiocommunications to a mobile user, and makes use wholly or partly of mobile and personal communications systems; q) "telecommunications service", a service whose provision consists, wholly or partly in the transmission and routing of signals on telecommunications networks, including any interactive service, also related to audiovisuals, and excluding the broadcast radio and television programs; r) "public telecommunications service" means a telecommunications service available to the public; s) "voice telephony service" means the provision to the public of the direct transport and switching of speech in real time or starting and termination points of a fixed public telephone network, enabling any user to use equipment connected to termination point in the network to communicate with another termination point; t) "telex", provision to the public of the direct transport of telex messages, or starting and destination of the public switched network termination points, enabling any user to use equipment connected to such a network termination point in order to communicate with another terminal point; u) "transmission of packet or circuit switched data services" means the provision to the public of the direct transport of data at the start and termination points of a public switched network, enabling any user to use equipment connected to its terminal point of such a network to communicate with another terminal point; v) "simple resale of capacity '', the supply to the public, as a separate service, transport of data over leased circuits including only such switching, processing, data storage or protocol conversion as necessary for transmission real-time departure and from the public switched network; this provision is not 'configured as supply of public telecommunications network; w) "DCS 1800", the pan-European standard for mobile radio communication system in numerical technique which operates in the frequency band around 1800 MHz; x) "GSM", the pan-European standard for numerical technique in mobile radio communication system operating in the frequency band around 900 MHz; y) "DECT", the standard for cordless telecommunications, in line with European standards telecommunications ETSI ETS 300 175; z) "universal service" means a defined minimum set of services of specified quality 'available to all users regardless of their geographical location and, in light of specific national conditions, at an affordable price; aa) "of open network provision conditions" means the harmonized conditions which govern open and efficient access to public telecommunications networks and, where applicable, public telecommunications services as well as' the effective use of networks and services; without prejudice to their application on a case by case basis, the conditions of open network provision conditions may include harmonized on the following points: 1) the technical interfaces, including, where appropriate, the definition and implementation of network termination points; 2) the conditions of use; 3) the charging principles; 4) access to frequencies and numbers, addresses, names; ab) "interconnection" means the physical and logical linking of telecommunications used by the same body or by another organization networks to allow users of one organization to communicate with users of the same or another organization or to access services provided by another body; ac) "authorization" means authorization that gives a company the rights and obligations specific to the telecommunications sector and allowing the same to provide telecommunications services and, where appropriate, to install and operate telecommunications networks for the provision of such services; authorizations are distinguished: 1) "general authorization": an authorization, regardless of whether to be regulated by a "discipline by Category" or under general law and whether to provide a recording, is obtainable on complaint start attivita 'or by the application of the institute of silence - consent;
2) "individual license": an authorization issued by the Authority 'an undertaking for the granting of specific rights or to subject to specific obligations, if any, are added to those of the general authorization; that undertaking can not 'exercise the rights in question without the prior decision of the Authority'; a) "ONP Committee" means the Committee referred to in Article. 1, paragraph 1, letter b) of Legislative Decree of 2 May 1994, n. 289; e) "leased lines" means the telecommunications facilities which provide capacity 'for transparent transmission between network termination points and which do not include on-demand switching, that' switching functions which the user can control as part of the supply the leased line; f) "network termination point" means the physical point at which a user is provided with access to public telecommunications network; the locations of network termination points are illegal DEF inite and constitute the limit of public telecommunications networks; for the services of mobile and personal communications terminal point of the network and 'constituted by the antenna fixed which can connect by radio terminal equipment used by mobile users; ag) "terminal equipment" means equipment intended to be connected by means of a wire, radio, optical or other electromagnetic system to a public telecommunications network, ie to be connected directly to a terminal point of a public telecommunications network or to interwork with a public telecommunications network being connected directly or indirectly to a termination point for the transmission, process or receive information; ah) "public pay telephone" means a telephone available to the public use that works with tokens, coins, credit cards or the debit or telephone cards; ai) "technical specification", a specification contained in a document defining the characteristics required of a product such as levels of quality ', performance, safety and dimensions, including pre-prescriptions applicable to the product as regards terminology, symbols, testing and test methods, packaging, marking and labeling; j) "technical standard" means a technical specification adopted by a regulatory body recognized for the purpose of repeated or continuous application, compliance with which is not 'mandatory; a) "common technical regulation", technical regulations derived from international or European technical standards valid in the countries of the European Union and contains only the essential requirements, compliance with which and 'required; am) "significant market power", the position of an operator controlling more than 25% of the share of a particular telecommunications market nationally or within the geographical territory where and 'authorized to operate; the Authority ', in consultation with the Authority' competition and market, can 'nevertheless determine that an organization with in its respective market, a 25% less than or equal proportion have a significant market power and, conversely, that an organization in its respective market, a 25% higher price does not have a significant market power. In both cases, the decision must take into account the capacity 'of the organism to influence market conditions, relative to the size of the market turnover, the control of the means of access to end-users, its access to financial resources, its experience in providing products and services in the market. n) "services kiosk" services offered by centers where access and 'generalized, ie without user password identification key purchaser of telephone services; o) "access deficit", the difference between the cost of installation and management of the local network, which is used to provide access, and revenues from activation fees and subscription fees, including a normal return on capital employed ; ap) "easy access", possibility 'user can directly select the carrier (long-distance or long-distance operator) by changing the pre-selection made by the operator in a dominant market position at the time of execution of the call; aq) "equal access", possibility 'user to pre-select permanently or select from time to time the carrier (long-distance or long-distance operator);
ar) "pre-selection of the carrier" system that allows the operator / local service provider will automatically route long-distance and international calls of a customer to the long-distance carrier chosen by the customer, who must not enter special codes for carrier selection same before each call.