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The Amendments To The Law On Electronic Communications

Original Language Title: Grozījumi Elektronisko sakaru likumā

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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) follows: 1. Article 1: to supplement the article with 15.1 points as follows: "151) identifiable end equipment, terminal equipment, which the manufacturer assigned identifier for the recognition of electronic communications networks;";
to supplement the article with 38.1 points as follows: "381) to access the data feed, the operator's digital subscriber line services to another electronic communications operator to offer the end user a broadband access to the internet."
2. Express article 8, first paragraph, the following paragraph 13: "13) shall notify the Member States of the European Union regulators and the European Commission on the planned measures (projects) with regard 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. The Governor, after hearing and taking into account the regulators of the Member States of the European Union and the European Commission, may amend the planned package of measures and commitments to be applied and notified to the European Commission. "
3. Replace article 9, first paragraph, 3, 4, and 5, the words "leased line" with the words "the provision of leased lines, access to traffic data".
4. Express article 19, first paragraph, paragraphs 16 and 17 the following: "16) take technical and organisational measures relating to electronic communications network security data protection of the user, as well as the specific electronic communications network security threats in case inform users of electronic communications networks and the use of available remedies to mitigate those risks;
to inform the user about the 17) to set a content filter, which limits the availability of materials containing propaganda cruel behavior, violence, eroticism, porno grāfij, and which pose a threat to the child's mental development, as well as providing free content filter setup, if the Subscriber requests it from the electronic communications merchant. "
5. Express article 30 the second part 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. In determining the recommendations from the European Commission in these markets are different, before the market Regulator's decision, consult the other Member States of the European Union regulators and the draft decision with the European Commission. 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 Community or does not comply with European Community law, the Regulator postponed the adoption of the draft 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, in accordance with this opinion the draft decision to amend, withdraw or do not accept. "
6. Supplement article 31 to the fifth subparagraph by the following: "(5) If the Governor determines that there is effective competition in the market, that the draft decision or opinion on the planned measures for the determination of electronic communications operators with significant market power shall coordinate with the European Commission. 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 Community or does not comply with European Community law, the Regulator postponed adoption of the draft decision, or a set of actions planned out 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 the planned measures, in accordance with this decision or views the planned package of measures amending the reference or not accepted. "
7. Article 33: to supplement the first subparagraph following the words "registration" with the words "or electronic communications merchant termination";
to supplement the article with the third part as follows: "(3) If the provisions of the general permit are violated repeatedly, the Governor may for a period of up to five years to stop electronic communications merchant activities in electronic communications services or the provision of electronic communications networks, subtracting this trader the right to provide electronic communications services and electronic communications network. Regulator for electronic communications in the list of authorised economic operator shall record that the trader concerned deprived of the right to provide electronic communications services and electronic communications network. "
8. Supplement article 35 with the sixth part as follows: "(6) the electronic communications operator, Regulator information, submitted, indicate what the information is a trade secret and what is the status of this legal basis. The electronic communications operator trade secret status is not determined and provides publicly available information, which contains news on electronic communications services and to provide electronic communications networks; geographical areas in which electronic communications services; the user or subscriber number of end users; access and capacity, including SMS and multimedia messages, defining quantitative indicators; electronic communications services concluded a number of contracts;  the number of displaced number delivering number portability service; universal service provision-generating net costs;  electronic communication services and retail and wholesale tariffs. The Governor shall ensure that the electronic communications operator specified in containing commercial information submitted to Regulators, are protected by the laws. "
9. Article 36: turn off the second sentence of the first subparagraph;
turn off and the second paragraph, the words "in accordance with chapter IX of this Act";
Supplement to the fifth article of the following:

"(5) Before the first and second part of the definition of the obligations referred to in the Regulator consult with electronic communications operators, regulators of the Member States of the European Union and the European Commission, as well as hear the regulators of the Member States of the European Union and the European Commission. The Governor, having regard to the regulators of the Member States of the European Union and the European Commission, may amend the applicable obligations and shall notify the European Commission. "
10. Express article 38, the first paragraph by the following: "(1) the electronic communications operator with significant market access or interconnection in the Regulator can impose transparency, equal treatment, separate financial records, tariff and cost accounting obligations and duties and obligations regarding access to electronic communications network. In exceptional cases, when the previously applicable commitments do not promote competition effectively, the Regulator of the electronic communications operator that has some significant market access or interconnection, may impose additional obligations. The Governor the following obligations shall be coordinated with the European Commission. "
11. Replace article 39 in the second and third subparagraphs and fourth subparagraphs 1, 2 and 3, the words "leased line" with the words "the provision of leased lines, access to traffic data".
12. Add to article 40, paragraph 2, after the words "even provides electronic communication services" with the words "and the information in their departments".
13. Add to article 42 in the fifth set after "prohibited" by the words "or" access.
14. Replace the second paragraph of article 44 and article 45, third and fourth paragraph, the words "leased line" with the words "the provision of leased lines, access to traffic data".
15. Replace article 45 in the fourth paragraph, the words "regularly" with the words "twice a year".
16. in article 46: express the following fourth subparagraph: "(4) By the owner of the terminal equipment or process the request of the promoters of the electronic communications operator that offers electronic communication network use identifiable, terminal equipment are obliged to suspend or restore hijacked, lost or otherwise against the owner's will from his power gone electronic communications network identifiable Terminal (hereinafter owner lost Terminal) to use in your own communications network. The electronic communications operator that offers electronic communication network use identifiable, terminal equipment transmit for centralised database of information about the owner of the lost Terminal applied for. ';
to supplement the article with the sixth part as follows: "(6) is prohibited without the Terminal manufacturer or its authorized consent: 1) change of terminal identification in the electronic communications network of the required data, as well as to acquire, store and distribute the following data provided for the purpose;
2) get, make, store and distribute the software or device that is designed to identify Terminal electronic communications network to change the necessary data. "
17. Add to article 57 of the fourth subparagraph with the sentence the following wording: "to achieve this aim, the Governor shall issue administrative acts."
The Parliament adopted the law of July 3, 2008.
In place of the President of the parliamentary President G. Lot in Riga on July 15, 2008 Editorial Note: the law shall enter into force on 29 July 2008.