The Amendments To The Law On Electronic Communications

Original Language Title: Grozījumi Elektronisko sakaru likumā

Subscribe to a Global-Regulation Premium Membership Today!

Key Benefits:

Subscribe Now

Read the untranslated law here: https://www.vestnesis.lv/ta/id/231232

The Saeima has adopted and the President promulgated the following laws: the law on electronic communications make electronic communications Act (Republic of Latvia Saeima and the Cabinet of Ministers rapporteur, 2004, nr. 23; 2005; 2006, nr. 12, no 24; 2007, 12 no, no. 15; 2008; 2009, No 14; Latvian journal, 2010, 102, 206. No.) the amendments are as follows: 1. Article 1: expressions of paragraph 5 by the following: "5) location data — data that are processed by electronic communication networks or processed using electronic communication services, and pointing to the electronic communications service user terminal location. Public mobile communications networks, satellite networks and wireless networks, which are used for radio and television signal distribution, it is the electronic communications service user terminal geographical location (address), but public fixed networks, cable tv and the kabeļradi networks, electricity cable systems, to the extent they are used to transmit electronic signals — the termination address; "
Add to article 5.2 as follows: "52) emergency public electronic communications networks, electronic communications network that is created and used by a public body functions in emergency situations and enables the transmission of public administration functions require the protected information;"
Add to article 7.1 of the following paragraph: ' 71) electronic communication networks the dismantling of an existing network of electronic communications lines (including a support pole, mast, pillars and equipment) the demolition or removal of structures or electronic communications real estate; "
Add to article 9.1 of the following paragraph: ' 91) public electronic communications service center-technical means that public authorities ensure the infrastructure with high confidentiality, integrity and availability of national information systems; "
Supplement 11. the introductory part of paragraph after the word "equipment" with the words "(including network elements which are not used)";
Add to article 11.1, 11.2 and 11.3 to 11.4 points, as follows: "111) electronic communication network construction, electronic engineering construction, making the earth work, as well as a stand, mast and mounting of equipment on existing structures, if its because of the design of construction lowers the security, performance or robustness and must carry out reinforcement;
112) installation of electronic communications networks, electronic communications networks and equipment assembly line existing constructions, among them, on supports, posts, flagpoles, stand, cable drain without making the earth work, electronic communications network radio and antenna Assembly, if according to the electronic communications network in the technical project (hereinafter referred to as the installation project) without hurting construction construction security, performance or stability and does not need to do it, as well as simplified inženiertīkl leads and the internal construction or reconstruction of the inženiertīkl;
113) electronic communication network reconstruction — electronic communications network or equipment replacement parts or other related work in the zone, or the internal electronic communications network, its parts or equipment replacement, or electronic communications network, or change the amount of equipment parts, maintaining the existing functions;
114) electronic numbering (enum) system — a global standard that provides telephone number Association internet address; "
Add to paragraph 21 of the "d" section as follows: "(d) the competent body) spectrum radiomonitoring;";
Add to article 21.1 of the following paragraph: "211) scams, using numbers — call routing, or receive through the services or products for the end user of numbering, result in an artificial or inappropriate usage, which can manifest as uniform calls the user to the extent or duration of connection or calls resulting in Latvia or abroad or end user of the existing termination point added equipment;"
to supplement the article with a 24.1 point as follows: "wrong number 241): end user for the use of numbering the national telephone numbering plan does not include the provision of services;"
to supplement the article with 26.1 points by the following: "261) next generation access (NGA) — the case of wholly or partly from the fibre optic elements consisting of broadband access networks that end users will able to provide internet access services with enhanced data transmission parameters (for example, higher throughput) over existing copper cable networks;"
supplement article 37.1 of the point as follows: "371) breach of protection of personal data: the unlawful processing of personal data";
Express 38 as follows: "38) access to another electronic communications operator to provide a service with specific conditions, access to electronic communications services for the required equipment and services, including the use of information society services or broadcast content services. Access includes access to electronic communications network elements and associated facilities with a wired or wireless connections, in particular access to the local loop, as well as equipment and services necessary to provide services to DSL, access to physical infrastructure (including the provision of electronic communications networks used for the building, cable lines, ducts and masts and antenna towers), access to relevant software systems (including operating atbalstsistēm), access to information systems and databases to carry out the orders, delivery, maintenance and repair of damage claims and billing, access to number translation or systems offering similar opportunities, access to electronic communications networks (particularly roaming), access to conditional access systems for digital television services and access to virtual network services; ";
Add to article 43.1 of the following paragraph: "the accumulation of radio-431) inefficient spectrum usage rights, characterized the coverage area, the availability of electronic communications services and the users of radio frequency allocations for the operation of the radio equipment;"
Express 45. and 45.1 points as follows:

"45) related facilities, services, facilities, or equipment (including buildings, building internal installations, distribution points, cable shafts and sewers, towers and other supporting structures) that are associated with the electronic communication networks or electronic communications services that allow or support the provision of services to that of electronic communications networks or electronic communications services;
451) related services — services (including broadcasting or the number system that offers similar capabilities, conditional access systems and electronic programme guides, as well as other services, for example, identification, location and presence services) related to electronic communications networks or electronic communications services and allow or support the provision of services to that of electronic communications networks or electronic communications services ";
Add to article 45.2 and 45.3 points with the following wording: "radiolīdzekļ-452) special radio equipment that the national defense and security, uses the deliberate creation of harmful radio interference to hinder or stop the Junk radio;
453) breakdown of the spectrum — determine the allocation of the radio spectrum for one or more types of radio services; ";
Add to 46.1 points, after the word "transfer" with the words "including sale or lease";
turn off 46.2, 47.2 and 47.3 points, the word "written";
turn off 29.3 points.
2. in article 5: make the first parts 1, 2 and 3 as follows: "1) emergency public electronic communications network and the broadcast of public administration functions to protect the security of the information;
2) emergency public electronic communications network connection to international organisations and other legal entities in the national network for the implementation of the function;
3) public electronic communications service center establishment, maintenance and operation. ';
make the third paragraph as follows: "(3) the Ministry of transportation Cabinet in the order determined by the one top-level domain .lv and electronic numbering system, the holder of the top-level domain .lv registry and electronic numbering system, as well as monitor the holder of these requirements.";
to supplement the article with the seventh subparagraph by the following: "(7) the Ministry of Transportation determines the electronic communication infrastructure development and implementing electronic communications infrastructure development projects, including the funds of the European Union financed projects."
3. in article 6: turn off the first part of the introductory part of paragraph 10 and "a", "b" and "c" words "in private and public electronic communications network";
Add to the first part of paragraph 10 to the "d" section as follows: "(d)) shall decide on any electronic communications network which is part of the dismantling of the installation or construction does not comply with the electronic communications network construction and the construction of the regulatory legislation.";
to complement the fourth paragraph by the words "and the amount. Cabinet of Ministers sets the tariff adjustment and order ".
4. Supplement article 7, paragraph 4 by the following: ' 4) to stop electronic communications network installation or construction of parts, as well as inadequate regulatory requirements established or built electronic communication network part, performing the sealing, stamping, electronic communication network active equipment off of the power supply. "
5. in article 8 the first paragraph of point 3: turn off;
Replace in paragraph 4, the word "equipment" with the words "connected equipment";
Add to paragraph 9, the words "or its part and associated equipment and services";
Add to paragraph 11 with the words "end users, the consumers, as well as consumers who are persons with disabilities, ensuring that the parties are assessed, and that decisions on all end-user and consumer rights concerning publicly available electronic communications services, due account is taken of the interests of consumers";
express the following paragraph 13: "13) says, and sent to the Member States of the European Union regulators, the European Commission and the European regulators for electronic communications (hereinafter referred to as the COUNCIL) for reconciliation to one calendar month a planned set of actions (projects) and the reasons for electronic communications services market definition, electronic communications operators with significant market power and the draft decision on the application of special requirements, maintenance, amendment or withdrawal of such an economic operator as well as the planned electronic communications operators applicable obligations relating to access and interconnection arrangements that may affect trade between Member States. The Governor, after hearing and taking into account the regulators of the Member States of the European Union, the European Commission and the COUNCIL views, you can amend the planned measures in General and applicable obligations and notify to the European Commission. ";
Add to part with 15, 16, 17, 18, 19, 20 and 21 of the following paragraph: "15") notified to the European Commission and the COUNCIL all decisions relating to electronic communications services market definition, electronic communications operators with significant market power and the draft decision on the application of special requirements, maintenance, amendment or withdrawal of such merchants, as well as the planned electronic communications operators applicable obligations regarding access to the , interconnection and measures which may affect trade between Member States;
16) supports the objectives of the COUNCIL of the European Union regulators better regulatory coordination and coherence;
17) when taking decisions in accordance with this law, article 31 and 32, follow the COUNCIL adopted opinions and common positions;
18) transparently cooperate with other regulators of the Member States of the European Union, with the European Commission and the COUNCIL of the European Union, contribute to the development of the internal market, to ensure that the statutory duty applied consistently and to cooperation with the European Commission and the COUNCIL establish instruments and remedies best suited to address the specific situation of the market;

19) if it considers that there is an urgent need to act to safeguard competition and protect the interests of users, may, by way of derogation from the first subparagraph of paragraph 13 the procedures to adopt immediately proportionate provisional decision on the measures to be taken, "the European Commission, the Member States of the European Union regulators and the measures referred to in the decision of the COUNCIL setting out the reasons for it. If the Governor decides to make an interim decision on permanent or extend the period for which it is applicable, it shall act in accordance with the first subparagraph of paragraph 13;
20) collects information about Regulator decisions under appeal, the appeal shall be submitted to the general nature of the appeal, the appeal proceedings, the number of times the number of decisions and establishing a temporary measures and provide the Commission and the COUNCIL of Europe at the substantiated request of the authority;
21) promote this law, article 9, first paragraph, the reference in paragraph 9 to the provision of information to end-users could independently assess alternatives to the use of electronic communications services costs (for example, using interactive guides or similar sources of information). If the following features free of charge or at a reasonable price does not provide electronic communications operators, the Regulator itself or by third parties such manuals or the sources of information made available to the end users. The Governor may determine the order in which the electronic communications operator provides comparable information on end users of electronic communications services. Third parties have the right to use without charge publicly available electronic communication operators to sell or make available such interactive guides or similar sources of information. "
6. in article 9: replace the first part 3., 4. and in paragraph 5, the word "equipment" with the words "connected equipment";
make the first part of paragraph 8 by the following: ' 8), if necessary, to set out the modalities and the time frame in which electronic communications merchant providing voice telephony services, provides end users the ability to get information about tariffs, which calls the electronic communications operator will raise the tariff apply; "
to supplement the first part with 9, 10, 11, 12, 13 and 14 by the following: "9) impose on the electronic communications operator of the obligation to publish transparent, comparable, adequate and up-to-date information in a clear, comprehensive, easily accessible and easy to read manner on tariffs and sanctions, as well as information on standard terms applicable to the operator's proposed electronic communications services and how to use them. In the public interest, the Governor may determine additional requirements of reasonable disclosure;
10) put the electronic communications operator the obligation: (a)) to inform subscribers, if a change and electronic communications services, which is the conclusion of the electronic communications service contract does not provide access to the State fire and rescue service, the State police, emergency medical services, gas emergency service, the Navy coastguard service for marine search and Rescue Coordination Center (hereinafter referred to as the maritime search and rescue service), as well as the number "112" services including does not provide information about the caller's location, b) to inform subscribers of any change to the conditions restricting access to electronic communications services and applications (applications) or use, (c)) to provide information on all procedures to implement the electronic communications operators to measure and control the flow of data in order to prevent that a particular electronic communication network node data flow is the maximum or excessive, and information about it as these procedures may affect the quality of electronic communications services, (d) public information) electronic communications services and terminal equipment, software designed for persons with disabilities;
11) to determine the associated facilities or other infrastructure sharing arrangements, if electronic communications merchant providing electronic communications network, in accordance with the law has the right to install facilities on, over or under public property or private property. The conditions contained in this order are objective, transparent, proportionate and non-discriminatory;
12) to access the controller functions required for the construction of the information contained in the information system;
13) to assess the fraud carried out using numbers, and the wrong number.
14) provide that fraud carried out using numbers, or the wrong numbering use in case the electronic communications operator that is granted or transferred to the appropriate enumeration usage rights is obliged to stop immediately the call routing and access to the appropriate number. ";
to supplement the article with the third part as follows: "(3) the operator of electronic communications that provide publicly available electronic communications services, the Regulator can impose a requirement to end users, which is a person with a disability would be: 1) access to electronic communication services equivalent to those used most of the end-user;
2) able to use most of the end-user available for electronic communications services and choose the electronic communications service provider. "
7. Turn off the fourth paragraph of article 14.
8. in article 16: replace the first paragraph, the words "installation and construction procedures" with the words "installation, construction and surveillance procedures";
to supplement the article with the sixth part as follows: "(6) the residential and non-residential building in the cable input, risers, horizontal cable channels, cable distribution and electronic communication network installation location sharing ownership of the premises, subject to the regulatory provisions, are available without discrimination and on an equal basis the principle of electronic communication operators of public electronic communications network."
9. Supplement article 17, the first paragraph with the sentence the following wording: "real estate owner or possessor has the right to require the provision of electronic communications networks work-related or non-related additional jobs or increase the amount of reconstruction work."
10. Add to article 18, third subparagraph, the words "unless otherwise agreed by the parties".
11. Article 19: make the first part of paragraph 9 by the following:

"9) providing voice telephony services, to ensure users the State fire and rescue service, the State police, emergency medical services, emergency gas, maritime search and rescue service as well as the number" 112 "free call";
make the first part of paragraph 11 as follows: ' 11) of this Act in accordance with the procedure laid down in article 71.1 ensure storage of data to be retained for 18 months, as well as their transfer law in pre-trial investigation authorities, operational entities, national safety authorities, the Prosecutor's Office, the courts or the competition Council, if these institutions requesting them; "
turn off the first part of paragraph 12, the words "electronic communications network" of technical capabilities, and add paragraph with the words "and the amount";
to supplement the first part with 19, 20 and 21 of the following paragraph: "19) if electronic communications merchant providing public electronic communications networks and its elements — within 10 working days after receipt of a written request from the operator, which plans to next generation access to public electronic communications networks and the installation of the elements, to provide information on the specific infrastructure engineering geographical location (address) and its available capacity. This information should not be considered a trade secret. Information is not provided for public electronic communications networks and the items that they protects national security and information technology security, regulatory laws. The fee for the provision of information, if any is applied, is closer to costs;
20) this law in accordance with the procedure laid down in article 71.2 to ensure this law referred to in article 71.2 of information transfer, at the request of the Court;
21) immediately terminate the call routing and access to appropriate number if found fraud carried out using numbers, or the use of incorrect numbering. ";
Add to the second subparagraph of paragraph 3 with the words "on the tariff, which is equivalent to that provided for calls from other European Union Member States and to them";
turn off the second part of paragraph 7.
12. Add to article 20 paragraph 5 by the following: "5) receive from the municipality (būvvald) information about the administrative territorial districts of the territory or locality in the area, streets, buildings, estates or land for construction purposes in land units and space group address built external energy, electronic communications, or other resources of the water supply system's owner or holder."
13. Express article 22 the following: ' article 22. The electronic communications operator and Subscriber relationships between (1) the electronic communications operator and Subscriber switch to electronic communications service contract, which defines the relations between the parties.
(2) electronic communications service contracts shall be concluded in writing or by electronic means of communication.
(3) electronic communications service contract shall include at least the following information: 1) electronic communications service description, stating: (a)) or access the State fire and rescue service, the State police, emergency medical services, emergency gas, maritime search and rescue services, as well as the number "112" services, including whether there are restrictions on the availability of information on the caller's location, b) information about any other conditions restricting access to electronic communications services and applications or their use, c) information on the procedures that implement the electronic communications operator, to measure and control the flow of data in order to prevent that a particular network node data flow is the maximum or excessive, and information on how this procedure may affect the quality of electronic communications services, d) proposed maintenance services and to prevent customer support services as well as opportunities to interact with these services, e) by electronic communications service provider shall impose the use of terminal equipment delivered;
2) Subscriber to provide electronic communications services, delivery period, the Subscriber's number or the address of a public electronic communications network termination point and receipt of electronic communications services, if such information is available;
3) electronic communications service billing and invoice delivery address;
4) Subscriber to electronic communications services provided in terms of quality, including the quality of service values according to the set by Regulators in the electronic communications service quality parameters;
5) electronic communication provided by the operators of electronic communications services terms of use;
6) any compensation and the refund arrangements which apply if contracted in electronic communications service quality conditions are not complied with;
7) dispute resolution and submission of claims of the subscribers;
8) information on the permission to process the Subscriber data to be published and used for commercial purposes;
9) electronic communications services and electronic communications services for the termination of the contract conditions;
10) measures which could be taken by the electronic communications operator, responding to security incidents, risks or threats, as well as to avoid electronic communications network downtime;
11) price and tariff, as well as the opportunity to get up-to-date information on all applicable tariffs and maintenance charges on proposed payment modes and all cost differences depending on the payment type;
12) electronic communications service contract, electronic communications services and electronic communications service contract renewal and termination conditions, including minimum electronic communications using the service term or amount to be able to use the additional electronic service offerings, information on the number and other identifiers, the cost of removal of the electronic communications service contract termination costs and cost recovery of terminal equipment.
(4) the duration of the electronic communications service contract entered into with the consumer electronic communication service provider, does not exceed 24 months. Electronic communications service provider offers users the opportunity to sign the electronic communications service contract of a maximum period of 12 months initially.
(5) the Governor shall have the right to determine the electronic communications service termination notice form.

(6) If the consumer is closed duration of contract of electronic communications services, electronic communications merchant providing easy-to-understand information about a consumer's total costs compared to the costs that would arise when concluding a contract, which specifies the minimum duration, as well as information relating to penalties and contract value of the equipment or the rent, if applicable.
(7) If the electronic communications service contract concluded with a consumer for a definite period of time, on the early termination of the contract is for liquidated damages, it must be determined in proportion to the period of the provision of the service to the early termination of the contract, according to at least three months periods.
(8) If the end user of the electronic communications service required (e.g. decoder) that is not applicable to analogous types of electronic communications services from another electronic communications operator: 1) before electronic communication services electronic communications service contract provides, as well as equipment purchase or rental agreement shall specify the information that the appliance should not be used for similar types of electronic communications services from other electronic communications operators;
2) electronic communications operator provides the end user the opportunity to rent this equipment on objectively justified and cost-based fee.
(9) in the eighth paragraph of this article shall not apply where electronic communications operators who offer the end user equipment is associated with a specific electronic communication network for a specified period and the expiry of the contractual obligations, ensure equipment decoupling, allowing it to use analogous type of electronic communications service from other electronic communications merchant. "
14. in article 23: Add to the third part of the first sentence, after the word "terminated" with the words "electronic communication services";
Add to article 3.1 part as follows: "(31) electronic communications merchant does not provide for a penalty of termination, if the cause is in electronic communications services provided by non-compliance with the requirements in the contract, the electronic communications service quality parameter values. The regulator before the termination of the contract and after the request of the end user finds the specific end user electronic communications services provided by non-compliance with contractual quality requirements quality of electronic communications services parameters values. "
15. off 25. the third and fourth.
16. To supplement the law with article 25.1 the following: ' article 15.6. Emergency public electronic communications networks and electronic communications services Center (1) the cabinet shall determine the emergency public electronic communication network provision and use, as well as the national administrations for the execution of its functions using the emergency public electronic communications network.
(2) the cabinet shall determine the State of the electronic communications service center, national information system deployment and maintenance of a public electronic communications service center, as well as the national information system for the public must be inserted in the electronic communications service center. "
17. Article 29 to express the third part as follows: "(3) the electronic communications operator that has a significant impact on the individual market (first in the market) can have a major impact also in the related market (second market), where the links between the two markets lets you influence a single market to expand to another (related) markets, thus reinforcing the electronic communications operator in the market. To prevent this, the Regulator can impose obligations for access or interconnection. "
18. Article 30: replace the words "in the first paragraph of the recommendation on relevant product" with the words "recommendation on relevant product";
make the second paragraph as follows: "(2) in determining the specific electronic communications services market, the Regulator consult with Regulators for electronic communications operators within the consultation procedure and, if necessary, with the competition Council.";
to supplement the article with the third part as follows: "(3) the recommendation from the European Commission in these markets are different, before the market Regulator's decision followed this law, article 8, first paragraph, item 13. If the European Commission evaluated the Regulator's decision on electronic communications services market definition, indicates that this will create obstacles to the single market of the European Union or do not comply with European Union law, the Regulator postponed the decision for two months to get the views of the European Commission. If the Governor gets the views of the European Commission on the draft decision, it six months from date of adoption of the decision of the Commission in accordance with the opinion of the draft decision, amended or withdrawn. If the Regulator is amended the draft decision, it organises public consultations with market participants and, in accordance with article 8 of this law, the first paragraph of point 13, repeatedly notified to the European Commission for an amended decision. "
19. Make article 31 the fifth subparagraph by the following: "(5) before making a decision or opinion on the planned measures for the determination of electronic communications operators with significant market power, the Governor followed this law, article 8, first paragraph, item 13. If the European Commission evaluated the Governor a draft decision or opinion on planned measures, indicate that this will create obstacles to the single market of the European Union or do not comply with European Union law, the Regulator postponed taking a decision or making a set of planned activities for two months to get the views of the European Commission. If the Governor gets the views of the European Commission on the draft decision, or a set of actions planned this six months from the date of adoption of the decision of the Commission under this draft decision or views the planned measures amended or withdrawn. If the Regulator decision or a planned series of measures amending, it organises public consultations with market participants and, in accordance with article 8 of this law, the first paragraph of point 13, repeatedly notified to the European Commission on the amended draft decision or planned measures. "
20. To complement the chapter VI with 31.1, 31.2 and 31.3 of the article as follows: "article 31.1. Procedure for the harmonisation with the European Commission and the other NRAs

(1) If the Governor about the planned decision or planned measures concerning market definition or analysis procedures, which may affect trade between Member States and whose objective is to impose, amend or cancel any obligations of the operator receives the communication of the European Commission, indicating the reasons why the draft decision or a planned package of measures can create barriers to the internal market, or to receive instructions on its non-compliance with European Union legislation The decision by the Governor or a planned set of actions not taken three months after the notification of the European Commission. If such a message is not delivered, the Regulator may decide whether the planned measures, in the light of the European Commission, the COUNCIL or other national regulators.
(2) Before the first paragraph of this article within three months of the expiry of the Regulator can: 1) amend or revoke the decision or set of planned activities, taking into account the first part of this communication from the European Commission and the COUNCIL opinions and recommendations;
2) defend the decision or set of planned activities.
(3) the Governor may revoke the decision or a set of actions planned at any stage of the procedure.
Article 19.4. Functional separation (1) If the Governor concludes that this law, in article 38 and 39 of that commitment, the market failed to create effective competition, and at the same time finds a significant and permanent competition problems or market distortions related to individual products, the provision of access to wholesale markets, it may exceptionally decide that vertically integrated electronic communications operator to oblige with that access to the provision of wholesale activities put independent unit (electronic communications operator , unit) (hereinafter referred to as a functional separation). In this article, the unit provides access to products and services for electronic communications all electronic communications operators, including other economic operators of electronic communications, the parent company with the same conditions and time-limits, also in respect of the price and the level of electronic communication services.
(2) If the Governor intends to adopt a decision which vertically integrated electronic communications operator to perform an obligation for functional separation, it shall submit to the European Commission for a draft decision on the functional separation in which: 1) the basic conclusions of the NRAs, as referred to in the first subparagraph;
2) demonstrates that a reasonable period of time is not sufficient or not likely to create competition in the electronic communications infrastructure;
3) examines the expected impact on Regulators, electronic communications operators, discrete units of workforce and the electronic communications industry, analyzes how the decision will stimulate investment in the industry, and provide social and territorial impact of equivalence and other interested parties, specifying the expected impact on infrastructure competition in electronic communications and the potential impact on consumers;
4) justify why this obligation would be the most effective means to establish the competition problems or market failures-driven remedies are applied;
5) indicates the nature and level of separation, as well as a separate legal entity status;
6) indicates separate units, assets, products or electronic communications services to be offered to that unit;
7) includes the management procedures, which provide for separate units and personnel structure;
8) includes the requirement to meet regulatory obligations;
9) includes requirements to ensure transparency of procedures, particularly in relation to other economic operators of electronic communications;
10) include monitoring programme, the purpose of which is to ensure regulatory compliance obligations and which also includes publication of the annual report.
(3) after the European Commission announced a draft decision on the functional separation, as well as after it has been taken out with a relevant market Regulators to coordinate the related market analysis and, based on this analysis, maintain, amend or withdraw the electronic communications operator obligations imposed or impose new obligations.
(4) the Regulator for the electronic communications operator, which has been the responsibility of functional separation may apply any of this law, 38, 39, 40, 41 and article 42 obligations or duties referred to in one of the relevant markets, in which it recognized the electronic communications operators with significant market power, or other responsibilities of the European Commission reported.
Article 19.4. Voluntary functional separation (1) electronic communications operators, which have significant market power in due time inform the Regulator to Regulator to assess the impact of the activity on the market, if the operator plans to its local access network assets or to put a large part of the legal person that has a different owner, or establish an independent unit to all retail electronic communications service providers (including the electronic communications merchant retail departments) provide equivalent access products. The electronic communications operator Regulator report all changes to such plans, as well as the final result of the process of separation.
(2) the Governor shall assess the impact of planned activities on your current responsibilities and obligations in the area of the access or interconnection and access network carried out the coordinated analysis. Based on this analysis, the regulators imposes, maintain, amend or withdraw the obligations and commitments in the field of the access or interconnection.
(3) functional separation between regulators, the unit may be applied to any of this law, 38, 39, 40, 41 and article 42 obligations or duties referred to in one of the relevant markets, in which the unit was recognized as the electronic communications operators with significant market power, or other European Commission announced duties. "
21. Article 34, second paragraph: make paragraph 4 by the following: "4) user call routing according to national numbering plan, European numbering area numbers, universal international freephone numbers, and, if technically possible, other Member States of the European Union numbering plans;"
Add to paragraph 10, the words "and electronic communications services accessible to persons with disabilities";
make paragraph 13 as follows:

"13) provision of electronic communications services in emergency situations between the State fire and rescue service, the State police, emergency medical services, emergency gas, maritime search and rescue service, the number" 112 "services and the national regulatory authorities, as well as the possibility of information in emergency situations."
22. the third subparagraph of article 35: Add to paragraph 1 by the word "right" with the words "effective use of the radio spectrum for the provision of";
Add to part with point 7 by the following: ' 7) to assess electronic communication networks or electronic communications services of the future developments that could affect the wholesale services to competitors. "
23. Article 36: adding to the second paragraph after the word "reasonable" by the word "transparent";
turn off the fourth part of the second sentence;
to supplement the article with 4.1 and 4.2 part as follows: "(41) Before electronic communication network technical and operational rules for picking the Governor consult with electronic communications market players.
(42) the Regulator, under the country specific conditions, may issue rules on the conditions of access to the unbundled local loop or its part and associated equipment and services. "
24. Article 37: express the following fourth subparagraph: "(4) two electronic communications operators shut down a public electronic communications network access or interconnection agreements, which will include all the technical, commercial and other access or interconnection rules, including an agreement on the number of open call routing, call initiation, completion and transit tariffs. Interconnection agreements or amendments thereto shall be drawn up in triplicate. Ten working days after the conclusion of interconnection agreements or modification of one copy thereof shall be submitted to the Regulator. "
to supplement the article with a fifth by the following: "(5) interconnection agreements shall specify the order in which the end call routing and access numbers and electronic communications services, as well as the mutual order of payment when identified fraud carried out using numbers, or the use of incorrect numbering."
25. Article 39: make the second paragraph as follows: "(2) If the electronic communications operator with significant market power is determined by the obligation of equal treatment, the Governor may request that it be published in access, interconnection, joint use of related equipment, leased lines, access to traffic data or access to unbundled loops display in include information should be detailed in a separate, and ensures that electronic communications operators, service recipients — not to pay for equipment or related equipment that the service requested is not necessary. ";
replace the third paragraph and fourth subparagraphs 1, 2 and 3, the word "equipment" with the words "associated facilities".
26. To complement the article 42 to the sixth part as follows: "(6) the electronic communications operator with significant market power, to which certain access or interconnection tariff adjustment obligations, the Regulator may suspend the application of tariff and determine the tariff ceilings or to ask the electronic communications operator to adjust the tariffs, if the Regulator finds that it is not appropriate and proportionate to the electronic communications operator to apply cost accounting obligations (including obligations to approximate the tariffs costs and requirements for cost calculation and application) and in article 42 of this law. the third part. "
27. Article 44: make the first part of paragraph 1 by the following: "1) provide third parties access to certain electronic communications network elements or facilities, including access to electronic communications network passive components, or the unbundling of the local loop, to inter alia authorized to provide carrier selection or preselection of operators the service or allow the subscriber line resale;";
replace the second paragraph, the word "equipment" with the words "associated facilities".
28. Replace article 45 in the third and fourth subparagraph, the word "equipment" with the words "associated facilities".
29. Article 47: to supplement the first sentence with the following: "the Governor in accordance with the national plan for radio frequencies for electronic communications and the opinion of the Director is entitled to take a decision on the commercial use of the radio spectrum use rights the granting, extension, transfer and withdrawal, to avoid harmful interference, ensure the quality of electronic communications services, spectrum is rational and effective use and implementation of the public interest."
make the second paragraph as follows: "(2) the electronic communications operator can claim commercial radio spectrum use rights and the numbering usage rights.";
Add to the introductory part of the third paragraph after the words "in order" by the words "and the term";
replace the third paragraph 1 and in paragraph 2, the word "published" with the word "public";
Add to article 3.1 and 3.2 part as follows: "(31) radio spectrum use rights can not be further put to electronic communications operators who: 1) is not paid for this acquisition of the right of use;
2) acquired radio spectrum usage rights for 10 or more years to the day when these usage rights legislation properly converted to a shared radio frequency allocation permissions for.
(32) the measures that the Governor said that the provision of electronic communications services to use a specific electronic communications services available to the radio spectrum is justified, if they comply with the European Union and the Member States to implement certain public interests as: 1) human security;
2) social, regional or territorial promotion of equivalence;
3) inefficient use of radio frequencies. ";
Supplement fifth with text by the following:

"Radio spectrum usage rights shall fulfil the purpose of the service and the prospective investment. Application for use of the radio spectrum award submitted to the Regulator not earlier than two years before the law set out in the radio spectrum band release date. Applications for radio spectrum use rights extension shall be submitted to the Regulator not earlier than two years before the radio spectrum usage rights. ";
Add to article 6.1 of the part as follows: "(61) the Governor shall ensure that radio frequencies are efficiently used, to stimulate competition and radio frequency aligned (align) the transfer to the European Union. The Governor in this case assess the radio frequency use rights transfer, given that the transfer of rights of use of radio frequencies or accumulation should not impede competition. ";
adding to the seventh paragraph of part 1, after the word "services" with the words "quality and".
to complement the eighth part of paragraph 1, the words "and the requirements for a particular number range applicable tariff and tariff ceiling, in order to ensure the protection of consumers".
30. Replace article 48, second paragraph, the words "the ambulances and gas emergency services" with the words "emergency medical assistance service, gas emergency service".
31. Supplement article 50 with the following sentence: "the decisions on the grant of authorisation to use radio frequencies for use in commercial activities has to be disclosed."
32. Article 57: make the second paragraph as follows: "(2) the Governor shall determine the number portability service. The electronic communications operator contract with the end user of the number transfer number, setting a time limit for the movement, the amount of compensation for the failure and other provisions. The electronic communications operator number activates one working days. ";
to make the fourth subparagraph by the following: "(4) the Governor shall ensure that the electronic payments between merchants of number portability service provisioning costs closer to apply tariffs and end user direct payments, if any, is not an obstacle to the number portability service. To achieve this objective the Regulator decides. "
33. Article 59: make the first paragraph by the following: "(1) the electronic communications operator of the electronic communications service quality requirements, electronic communications service quality measurement methodology and electronic communications service quality reporting and disclosure procedures determined by the Regulator."
to supplement the article with the fourth and fifth by the following: "(4) the Governor shall, after hearing the views of interested parties, able to require electronic communications operators to publish comparable, adequate and up-to-date information on the measures taken to that end users are persons with a disability, provide the same electronic communications services as other end-users. The information referred to in the electronic communications operator before it is published and the receipt of the request submitted to the Regulator.
(5) in order to avoid electronic communications, a deterioration of services, including traffic delays or slowdowns in electronic communications networks, the Regulator can impose minimum quality of electronic communications services parameters values of those electronic communications operators that provide publicly available electronic communications networks. Before the following requirements of the Regulator, the European Commission submitted information with the reasons therefor, information requirements and proposed future actions. This information before the above requirements shall also be notified to the COUNCIL of the Governor. The Governor before taking a decision shall take particular account of the recommendations of the European Commission and comments. "
34. Replace article 62 of the second sentence of the first subparagraph, the word "States" with the words "may determine".
35. To replace the words "in article 63. emergency medical assistance, gas emergency" with the words "emergency medical assistance service, gas emergency service".
36. Article 64: put the name of the article as follows: "article 64. Universal service obligations and the payment amount control ";
Add to article at the eighth, ninth, tenth, eleventh and twelfth, as follows: "(8) electronic communications merchant who has a specific universal service obligations, before all the public electronic communications network assets or transfer the major part of the electronic communications operator, which has other shareholders holder (hereinafter referred to as the network's successor), submit to the Governor for at least the following information: 1) transfer purpose and necessity;
2) deadline;
3) list of electronic communications services, which will provide the electronic communications operator, universal service obligations, and the successor in title;
4) electronic communications services planned tariffs offered by operators of electronic communications, for which certain universal service obligations, and the successor in title;
5) universal service obligations in the period for which the information is not provided to the Regulators.
(9) the Governor within six months from the eighth part of the date of receipt of the information evaluated, as the planned transfer will affect the availability of electronic communications services at a fixed location and provision of voice telephony services. If the Regulator finds that the electronic communications operator need to define universal service obligations, as well as to ensure the provision of universal service and its continuity, the Governor may designate other transfer date and determine the electronic communications operator of universal service obligations.
(10) electronic communications operators, for which specific universal service obligations is entitled to all of the public electronic communications network or the assets of most of the network's successor after the transfer deadline, only if the Governor has appointed.
(11) the Governor shall notify the European Commission of the universal service obligations of the trader of electronic communications under the first paragraph of this article. The Governor shall notify the European Commission of any changes that affect universal service obligations or electronic communications operators.

(12) electronic communications operators, for which certain universal service obligations, in the form prescribed by the Regulator provides the Subscriber the ability to control payments for use of the public telephone network, giving subscribers free of charge, if the electronic communication services consumption is excessive or not typical. "
37. Article 68: off, first and second paragraph, the words "in writing";
to supplement the first and second subparagraph with the words and the number "and the objectives referred to in article 71.2".
38. To supplement the law with 68.1 68.2 68.3 68.4,, and the article as follows: "article 68.1. The processing of personal data security (1) in addition to the individual data protection in the electronic communications operator: 1) provides that personal data access to authorized people only, and uses the data to predefined objectives;
2) provides that personal data shall be protected from accidental or unlawful destruction or accidental loss, and from unauthorised or unlawful storage, processing, access or disclosure;
3) document the personal data protection and the prevention of infringement of the rules.
(2) the Cabinet of Ministers shall lay down the minimum requirements that the electronic communications operator to be followed in developing data protection and prevention of infringement of the rules.
Article 68.2. Information on personal data protection (1) If the violation happened a violation of protection of personal data, electronic communication business operator shall immediately inform the data State Inspectorate for the protection of personal data and the nature of the infringement.
(2) no later than 30 days after the first part of the provision of the information referred to in the electronic communications operator will inform the data state inspection on: 1) data types, categories of data subjects and data regarding what happened on the protection of personal data;
2) technical and organisational protective measures and means of ensuring that the protection of personal data;
3) options to reduce violations of the protection of personal data;
4 protection of personal data) the effects of the infringement;
5) technical and organisational data protection measures implemented in relation to the protection of personal data;
6) personal data protection infringement;
7) third parties who have been informed about this breach of protection of personal data;
8) whether the data subject in respect of which happened in violation of protection of personal data, has been informed.
(2) the data State Inspectorate is to get information about the violation of personal data protection, has the right to: 1) prescribe the electronic communications operator to inform the users or subscribers, the data subject of the personal data protection violation, if the electronic communications operator is not even informed;
2) decide on the initiation of the investigations.
Article 68.3. Subscriber, user, or information about the data subject's personal data protection infringement (1) electronic communications operator will immediately inform the Subscriber, user, or the data subject about the breach of protection of personal data, if this can lead to consequences of the Subscriber, user, or the privacy of the data subject.
(2) electronic communications merchant providing information in accordance with the first paragraph of this article, include: 1) for information on the protection of personal data, the nature of the infringement;
2) contact information to obtain additional information on the protection of personal data;
3) about options to mitigate the violation of personal data protection.
(3) electronic communications merchant does not inform the Subscriber or user of the data subject under the first paragraph of this article, if the infringement is proven data State Inspectorate for the protection of personal data processed in breach of the data is implemented such technical and organisational data protection measures, which ensure that the data is not to create people who do not have permission to access them.
68.4 article. Violation of protection of personal data records (1) electronic communications merchant stores information about the infringement of personal data protection of the nature, effects and actions that are implemented to prevent the violation of personal data protection, as well as information about when and who has provided details about the protection of personal data. The electronic communications operator stores this information to 18 months. "
39. Article 70: replace the third paragraph, the words "and article 71.1 and the number" with numbers and the words "in article 71.1 and 71.2";
to make the fourth subparagraph by the following: "(4) capacity data processing are allowed for electronic communications services and added value for the purposes of the provision of services, if the Subscriber or user to whom the data relate, before loading the data processing has given consent under the electronic communications entered into a service contract. Users or subscribers shall have the right to withdraw consent at any time, the load data processing. "
40. Article 71 of the turn in the second and third paragraph, the words "in writing".
41. Add to the first paragraph of article 71.1 with the words "as well as the competition Council, the investigation of breaches of competition law in the form of agreements".
42. To supplement the law with article 71.2 as follows: "article 71.2. The provision of information in civil cases (1) the electronic communications operator at the Court's request, provide information about the Subscriber or registered user's name and address to which the connection is assigned internet protocol (IP) address, user ID or telephone number, to ensure that the injured person's electronic environment of rights and legal interests in civil matters.
(2) in order to ensure that this article is referred to in the first paragraph, after bringing a judicial request and the electronic communications operator provides information about loading data, which are relevant in the trial and the disclosure of the case which the Court found to be acceptable when weighed against the person of the right to the protection of data.
(3) electronic communication operators shall not be obliged to take additional measures in the first and second subparagraph, if the information, providing electronic communications services, the operator's technical equipment to generate, process and not recorded. "
43. the express article 72 the eighth of the following:

(8) "electronic communications operators shall not be obliged to respect the rights provided for in this article, if the called subscriber's number the State fire and rescue service, the State police, emergency medical service, gas emergency service, maritime search and rescue service or number" 112 "services."
44. off 74. in the first paragraph, the word "written".
45. Add to article 75 of the third part as follows: "(3) the electronic communications operator by Subscriber demand for free or on a cost-based fee for providing subscriber invoice containing detailed basic invoice for more information."
46. The transitional provisions: replace paragraph 14 in numbers and the words "January 1, 2008" with numbers and the words "1 June 2013";
transitional provisions be supplemented with 16, 17, 18, 19, 20 and 21 as follows: ' 16. Governor until 31 December 2011 issue of this law article 8, first paragraph 4., 9., and in paragraph 11, article 30, in the second paragraph of article 39 and the third subparagraph of paragraph 1, the fourth subparagraph, article 44, second paragraph article 57, second paragraph, article 59 of the law referred to in the first subparagraph. Until this legislation into force regulators issued such legislation, in so far as they are not inconsistent with this law: 1) the Governor in Council on 8 June 2005 decision No 135 approved "rules on unbundling local loop";
2) Regulators Council 30 May 2007 decision No 154 approved the "regulations on the procedure for the consideration of the dispute in the electronic communications sector";
3) with the Regulator Council of 10 October 2007 decision No. 425 approved number portability service rules;
4) with the Regulator Council of 17 September 2008 decision No. 297 approved the "regulations on the procedure of consultation with market participants";
5) Regulators Council 21 January 2009 decision No 11 approved the "regulations on principal display information";
6) Governor in Council 2009 December 7, decision No. 1/11 "rules for electronic communications service quality requirements and quality reporting procedures";
7) Regulator Council of 7 December 2009 decision No 1/12 "electronic communications service quality measurement methodology".
17. The electronic communications operator with significant market power, which provides leased line service, is bound by the Regulator in certain users of leased lines to be offered the minimum set of services, to the Regulator then repealed the relevant effects.
18. The electronic communications operator for a period of five years, commencing on 25 May 2011, the Regulator assigned radio spectrum usage rights, which will be in force for at least five years after the 25 May 2011, submit to the Governor for application which requires to re-evaluate the electronic communications operator to assign radio spectrum use rights restrictions on reasonable and non-discriminatory restrictions for electronic communication services used the radio network or wireless access technology types If such restrictions are necessary to: 1) avoid harmful interference;
2) protect public health against electromagnetic fields;
3) ensure the quality of the service;
4) maximum to ensure radio frequency sharing;
5) ensure the efficient use of radio spectrum;
6) ensure the public interest in accordance with article 47 of this law 3.2.
19. Amendment of article 16 of this law in the first part, relating to electronic communication network construction supervision shall enter into force on 1 November 2011.
20. Article 1 of this law, article 14 paragraph 29.3 of the fourth paragraph of article 25 and the third and fourth subparagraphs, augmented by article 1 paragraph 9.1 and 5.2, article 25.1, amended article 5, first paragraph (that the term "national private electronic network" replaced the term "emergency public electronic communications network"), as well as the amended article 6, first paragraph, point 10 shall enter into force on January 1, 2012.
21. Amendments to this law, article 19, first paragraph, paragraph 11, and in the first subparagraph of article 71.1 (Council on competition law, investigating infringements of competition law, to require the process data and electronic communications operators the obligation to transfer the) enter into force simultaneously with the amendments to the competition act. "
47. Add to the informative reference to directives of the European Union with 10 and 11 by the following: ' 10) of the European Parliament and of the Council of 25 November 2009. directive 2009/136/EC amending Directive 2002/22/EC on universal service and users ' rights relating to electronic communications networks and services, Directive 2002/58/EC concerning the processing of personal data and the protection of privacy in the electronic communications sector and Regulation (EC) No 2006/2004 on cooperation between national authorities responsible for the enforcement of consumer protection laws;
11) of the European Parliament and of the Council of 25 November 2009. directive 2009/140/EC, amending Directive 2002/21/EC on a common regulatory framework for electronic communications networks and services, Directive 2002/19/EC on access to electronic communications networks and associated facilities connection and Directive 2002/20/EC on the authorisation of electronic communications networks and services. "
The law shall enter into force on the day following its promulgation.
The Parliament adopted the law of 19 May 2011.
The President of the Parliament instead of the President s. Āboltiņ in Riga, June 7, 2011 in