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) the following amendments: 1. Replace the entire text of the Act, the words "subscriber line decoupling" (fold) with the words "unbundled access to local loop" (the fold).
2. in article 1: Add to article 5.1 point as follows: "51) location information database: a database that contains information about the location of the terminal equipment, geographic coordinates, or terminal connection address;"
Express 38 as follows: "access to another electronic communications operator to provide a service with specific conditions, access to electronic communications services for the required equipment and 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 number translation or systems that offer similar capabilities, access to electronic communications networks (particularly roaming), access to conditional access systems for digital television services and access to virtual network services; ";
to supplement the article with 29.3 points as follows: "471) national data transmission network, national private electronic communications network, which allows you to transmit the public administration functions require the protected information;".
3. To make article 3, third paragraph as follows: "(3) of the Act do not apply to the provision of information society services, and the content of the information that you transmit or receive electronic communications networks."
4. Article 4: to make the name of the article as follows: "in the electronic communications sector, the governing bodies;
Add to article 2.1 part as follows: "(21) national data transmission network provides nationwide information network Agency."
5. Put article 5 second subparagraph by the following: "(2) in order to perform its functions and carry out tests, previously on notice, authorized representatives of the Ministry of transport has a right of access to premises, buildings and related facilities that are used for electronic communications services or for the provision of public electronic communication network exploitation."
6. Add to article 6, the first subparagraph of paragraph 9 with the following: "amateur radio licence issued 9)."
7. Article 7: Express 1 and 2 in the following wording: "1) cabinet order, to request and receive from electronic communications operators, national regulatory authorities or other persons, in the electronic communications Directorate functions require information;
2) cabinet order to access premises, buildings and related facilities that are used for the provision of electronic communications networks or electronic communications services, as well as require the allocation of radio frequencies is presented using permissions, or other statement of conformity with the use of electronic communications related documents; ".
8. Article 8: make the first part of paragraph 3 as follows: "3) determines the electronic communications operators with significant market power, which provides leased line services that could be offered to users of leased lines in the minimum set of services;"
make the first part of paragraph 8 and 9 by the following: ' 8) defines one top-level domain .lv holder, the top-level domain .lv holder, as well as the registry monitors the implementation of these requirements;
9) determine and publish the newspaper "journal" leaves the technical requirements for access to the local loop for the mystery and, arrangements for the local loop unbundled access; "
turn off the first part of paragraph 10.
9. Article 9, first paragraph: make paragraph 3 by the following: "3), on its own initiative or, if it is justified to ask one of the parties, to clarify the conditions to access, interconnection, joint use of equipment, the provision of leased lines or loops unbundled access agreements, as well as, to be followed by one or more of the parties to the Treaty, to amend the conditions of the contract on or off or to agree on the terms of the contract;"
turn off in paragraph 4, the words "effective competition or economic efficiency, or";
make paragraph 5 by the following: "5), on its own initiative or, if it is justified to ask one of the parties, to determine the period within which to end negotiations on access, interconnection, joint use of equipment, the provision of leased lines or loops unbundled access contracts. The deadline set by the Commission, must not be longer than three months from the date of entry into force of the decision. In exceptional cases, the Commission has the power to extend that period; ";
Add to part with point 6 and 7 by the following: "6) determine requirements for the electronic communications networks or electronic communications services to ensure interoperability;
7) to determine the order in which the electronic communications operator for the use of numbering related services, as well as the deadlines for implementation of these services. "
10. Article 19: make the first part of paragraph 5 by the following: "5) under the constitutional protection Office Director's written request, at its own expense, to install, maintain, replenish and modify according jaunieviestaj features interception points (points), which by the operational entity manager written request to be served free of charge in its use of operational activities and the conduct of criminal proceedings;"
make the first part of paragraph 11 and 12 as follows: ' 11) provide capacity data storage for three years, as well as the Cabinet of Ministers in the order provided for a certain amount of data transfer capacity of the national police, the public security authorities, corruption prevention and combating Bureau, if concerned so requests;
12) if electronic communications merchant providing publicly available voice telephony services, — technical capabilities provide caller location discovery and the transfer of this data in the electronic communications Directorate cabinet order; "
make the first part of paragraph 14 by the following: "14) provide electronic communications Directorate with the radio spectrum and numbering resources, number portability service and location information for the maintenance of the database information.";
turn off the second part of paragraph 1, the words "which are fair, objective, cost oriented and non-discriminatory".
11. Supplement article 25 by the third subparagraph by the following: "(3) the cabinet shall determine the order in which is provided and used national data transmission network."
12. Supplement article 29, second subparagraph, after the words "State of the market, the Commission" with the words "as possible".
13. Express article 39, second, third and fourth subparagraph by the following: "(2) If the electronic communications operator with significant market power is determined by the obligation of equal treatment, the Commission may request that it be published in access, interconnection, joint use of equipment, the provision of leased lines or loops unbundled access display in include information should be detailed in a separate, and ensure that electronic communications operators, service recipients do not have to pay for equipment or equipment that the service requested is not necessary.
(3) electronic communications operators with significant market power in the development of access or interconnection, joint use of equipment, leased line or access to unbundled loops for the principal display in accordance with the procedure laid down by the Commission and provides publicly available.
(4) the Commission shall have the right to: 1) determine and publish the newspaper "Latvian journal" requirements for access, interconnection, joint use of equipment, the provision of leased lines or loops unbundled access information to be featured and the level of detail required;
2) determine access, interconnection, joint use of equipment, leased line or access to unbundled loops into the principal types of publication;
3) to determine amendments published access, interconnection equipment common Muggle artifacts, leased line or unbundled loops, a principal of access if the conditions do not meet the requirements of the Commission. "
14. Article 42: turn off the second part;
Add to the second sentence of the third paragraph after the words "which used the electronic communications operator" with the words "as well as the pricing reference specific markets".
15. Express article 43 of the third paragraph as follows: "(3) the Commission shall check the service operator or operator preselection service rules and deadlines for implementation of these services."
16. Add to article 44, the second paragraph after the word "interconnection" with the words "joint use of equipment".
17. Article 45 of the Present third and fourth subparagraph by the following:
"(3) electronic communication operators are obliged to inform the Commission on access, interconnection, joint use of equipment, the provision of leased lines or loops unbundled access publication of the principal no later than within three working days of access, interconnection, joint use of equipment, the provision of leased lines or loops unbundled access to the publication of the principal.
(4) the Commission, in its internet website maintained and updated information on concluded, interconnection, access equipment in common use, leased line or untie the clouded access loops. "
18. the title of chapter X be expressed by the following: "electronic communications network and terminal equipment conformity assessment of radio equipment, distribution, and use".
19. in article 46: put the article title and the first paragraph by the following: "electronic communications network and terminal equipment conformity assessment of radio equipment, as well as distribution and use (1) both the Terminal and radio equipment applicable essential requirements, evaluate and certify compliance with these requirements, the law" on conformity assessment ".";
make the third paragraph as follows: "(3) if the radio equipment intended for use in one of the radio frequency bands, which is not consistent (harmonised) European Union, and if they are put into circulation, for distribution or for use in the Member States may have restrictions or bans that may be applied to the equipment meets public health requirements or does not cause harmful interference, including interference in the national plan for radio frequencies set out in radio or radio communication systems, the equipment manufacturer , its authorised representative or the person responsible for the distribution of radio equipment on the market of Latvia, at least four weeks before the beginning of the spread of radio equipment must be notified to the Directorate for communications. "
20. Article 47: make the first paragraph by the following: "(1) the radio spectrum and numbering, for use in commercial activities, the Commission is allocate the radio spectrum or numbering the usage rights. The Commission shall determine the order in which are granted, extended, and void, and the number of radio spectrum usage rights. ";
to make a fifth by the following: "(5) Cabinet of Ministers determines the radio spectrum band, which, in the interests of efficiency it is necessary to restrict the use of the radio spectrum assignment of commercial activity in the electronic communications sector. In these cases the Commission tendering or auction in accordance with the regulations approved by the Commission and the radio spectrum usage rights tender or auction winner. The Commission shall determine the order in which electronic communications operators, which ends the allocated radio spectrum usage rights in these zones, you can extend the allocated radio spectrum usage rights. ";
Add to article 5.1 part as follows: "(51) business activities without the Commission allocated radio spectrum use rights allowed by bands of radio spectrum or radio channels that are set for the shared allocation of radio frequencies usage rights."
21. Article 48: make first and second subparagraph by the following: "(1) the communications Directorate will create and maintain radio frequency spectrum and numbering resources, number portability service and location information in the database.
(2) the Cabinet of Ministers established the electronic communications Directorate provides of electronic communication operators of data received on the location of the calling process, maintenance and transfer of the State fire and rescue service, the State police, the State security authorities, corruption prevention and combating Bureau, emergency medical help and gas emergency services number "112" or service. ";
to supplement the article with the fourth paragraph as follows: "(4) electronic communications Directorate provides access to operator number portability service database when the operator shall provide the subscriber number portability service."
22. the express article 51, the first paragraph by the following: "(1) the radio spectrum band for the time limits for the liberation of radio or radio communication systems for the implementation of international agreements or legislation are specified in national radio the plan no later than two years before the release of radio spectrum bands. The electronic communications operator or private electronic communications network owner or loss associated with the radio spectrum band release, is not covered. "
23. Add to article 52 of the fourth subparagraph by the following: "(4) if the use of radio equipment may cause harmful interference to the national security, public order, as well as the hazards of shipping and air traffic safety, access to and the use of radio equipment stop notice immediately. National or military police or public security authority has the obligation in this article in the cases set out in part at the request of the Directorate for electronic communications to provide the necessary legal assistance. "
24. Make the text of article 53 as follows: "Cabinet of Ministers determine the amateur radio station construction, installation and use, as well as amateur radio licence arrangements."
25. Article 55: turn off in the first paragraph, the words "subject to equitable, transparent and objective conditions";
Add to the first paragraph, after the word "granted" by the word "extended";
to complement the second paragraph after the word "reserve" with the word "extended";
turn off the fourth and fifth.
26. Article 57: make the second paragraph as follows: "(2) the Commission shall determine the number portability service rules and deadlines for the implementation of this service.";
Add to article 3.1 part as follows: "(31) Directorate provides electronic communications operator providing voice telephony services, number portability service, creating and maintaining a number of preservation services database."
27. Express article 70, the first paragraph by the following: "(1) capacity data are erased or made conditional anonymous handling as soon as it is no longer necessary to do transmission, fees accounting for electronic communications services provided, claims, payments for the provision of interconnection or recovery pursuant to article 19 of this law, first subparagraph, the time limits laid down in paragraph 11 and as provided in this article."
28. Article 71 of the Present seventh paragraph as follows: "(7) the electronic communications operator may process the location data without consent of the user or of the Subscriber, if the location of the data processing is necessary for the State fire and rescue service, the national police, the public security authorities, corruption prevention and combating Bureau, emergency medical help and gas emergency services number" 112 ", or service, as well as electronic communications Directorate for its duties and for carrying out the transfer of the data referred to in this article."
29. Add to article 72 the eighth subparagraph following the words "State police" with the words "national safety authorities, corruption prevention and combating Bureau".
30. Make 74. the second subparagraph by the following: "(2) before the data publicly available for inclusion in the list of subscribers to electronic communications merchant subscribers informed of free publicly available subscriber lists and it uses."
31. the transitional provisions: to replace in paragraph 1, the numbers and the words "1 January 2005" with numbers and the words "2005 1 December";
Express in paragraph 2, the introductory paragraph by the following: "2. Cabinet of Ministers within a period of one year from the date of entry into force of the Act to issue this Act (except the third subparagraph of article 55 and article 66, second paragraph). Until the entry into force of the provisions to be applied as follows in accordance with the law "on telecommunications" issued by Cabinet of Ministers regulations, in so far as they are not inconsistent with this law: ";
Replace in paragraph 4, the words "within six months" with the words "one year";
make paragraph 5 by the following: "5. the Commission shall within one year from the date of entry into force of the law for electronic communications of the merchant list and recorded electronic communications operators who have a current license or registration of the individual for the general authorisation or of providing electronic communications services. Individual license issued and registered general authorisation is valid until the electronic communications merchant registration. ";
transitional provisions be supplemented by 5.1 point as follows: "5.1 limited resources use rights shall remain in force until the end of the statutory period.";
make paragraph 6 by the following: "6. analogue television and radio broadcast network off television and radio broadcasting of the necessary radio spectrum usage rights granted in accordance with the radio and Television Act.";
transitional provisions be supplemented with 9.1 points as follows: "amateur radio licence issued 9.1 have effect until the expiry of the period laid down therein.";
Replace paragraph 10, the word "law" with the words "the law";
transitional provisions be supplemented by 10.1 points as follows:
"10.1" under the law on telecommunications "electronic communications operator commitments (special requirements) is binding, and it has the obligation to perform them until the Commission has adopted the electronic communications operator commitments (special requirements) in accordance with the procedure laid down in this Act."
The Parliament adopted the law of 12 May 2005.
State v. President Vaira Vīķe-Freiberga in Riga on 25 May 2005 editorial Note: the law shall enter into force with the 8 June 2005.
