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On Telecommunications

Original Language Title: Par telekomunikācijām

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The Saeima has adopted and the President promulgated the following laws: The telecommunications chapter I General provisions article 1. The terms used in the law, the law is applied in the following terms: 1) Subscriber: the user of telecommunications services, telecommunications company with telecommunications services agreement shall be concluded for a particular telecommunications service;
2) voice telephony services, a publicly available telecommunications service, which provides for commercial speech signal transmission between public telecommunications network or public telecommunications networks for specific connection points to connect telecommunications terminal equipment in real time scale;
3) limited national resources in the telecommunications sector — national radio spectrum and the national numbering space;
4) individual license — specifically allowed certain kinds of business (commercial) in the telecommunications sector or the telecommunications network and operation, in which telecommunications companies down to individual obligations, claims and rights which gives access to the limited national resources in the telecommunications sector;
5) special access: access rules public fixed telecommunications network, which provided telecommunications services and which may be different from the usual subscriber connection rules;
6) short code-number combination, which is used in public telecommunications networks as the start part opens the dialing sequence or as the public network subscribers access code private networks or special services;
7) short number-number format is smaller than the number in standard format, access for every user of telecommunications services;
8) national numbering plan — identification system, which defines the telecommunications company, Subscriber, telecommunications services, as well as the connection point for numbering or addressing structure and format;
9) national radio frequency plan, in accordance with international agreements, conventions and standards developed for optimal frequency allocation plan for the territory of the Republic of Latvia;
leased line-10) public telecommunications network distributed or create a permanent communication channel signal transmission between the two subscriber specified hotspots without the switching equipment;
11) numbering range — the same format continuous number numeral area;
12) number for the telecommunications company, public telecommunications networks, telecommunications services to subscribers, as well as telecommunications network termination points, according to the national numbering plan assigned number or address;
13) interception point: the public telecommunications network termination point of the technical support specialist installation connection to get operational information from technical means, and listen to talks quickly in the cases specified by law;
14) access network unbundling and/or program-technical means and procedures that provide telecommunications service providers the ability to completely or partially to rent public telecommunications network of local connections;
15) private telecommunications network: a natural or legal person belonging to the telecommunication network set up and operated only to its owner's needs for;
16) public fixed telecommunications networks: the public telecommunications network, which provides the transmission of signals between defined termination points of the telecommunications network;
17) public telecommunications network: a natural or legal person for general use for the telecommunications network, the total or partial use of publicly available telecommunications services;
18) public telecommunications network operator: a legal person created law and order which, in accordance with this law, international treaties, laws and other individual provisions in the licences have been granted the right to create, develop, operate public telecommunications networks or to provide telecommunications services;
19) the public telecommunications network termination point: the public telecommunications network for telecommunications terminal equipment or other telecommunications network connection and is the home of the telecommunications network and service separation between public telecommunications network operator and a telecommunications service users, providers of telecommunication services or other public telecommunications network operator;
20) radiocommunications features — one or more transmitters and receivers or combination thereof, including enhancements to the site in question required the maintenance of radio communications;
21) interconnection — physical and logical, various public telecommunications network connections, which allows one to a public telecommunications network to communicate with other subscribers to public telecommunications network, or to access services provided by another undertaking in the public telecommunications network;
22) telecommunications — any type of information transmission process organised by using technical devices, which are based on electrical and electromagnetic fluctuation process (radio waves and light waves);
23) telecommunications terminal equipment — equipment (phone, fax, modems, data transmission equipment, private automatic telephone switchboards, private networks, etc.) provided directly or indirectly connected to the public telecommunications network termination points or cooperation with the public telecommunications network to send, process or receive information (speech, data, pictures);
24) telecommunications services — services that provide a complete or partial signal transmission and routing of signals in public or telecommunications networks, except for television and radio broadcasting;
25) telecommunications service users: any natural or legal person who uses or requests a publicly available telecommunications services;
26) telecommunications service provider — a legal person providing telecommunications services in accordance with the requirements of this law, the use of public telecommunications networks;
27) tariff of telecommunications services: telecommunication company Telecom services provided by the unit price;
28) telecommunications market-one specific type of telecommunications service, assessed in relation to specific geographical areas;
29) telecommunications network, technical and technological resources (equipment, facilities, operating and management system) which provides telecommunications signal transmission between two or more network termination points;
30) telecommunications company — the public telecommunications network operator or telecommunication service provider;
31) telecommunication company with significant market power: a public telecommunications network operator, or a provider of telecommunications services, the impact of which particular market the public service Regulatory Commission (hereinafter referred to as the Governor) has recognized as essential;
32) universal telecommunications service: the minimum requirements according to the quality of telecommunications services available for all existing and potential users of telecommunications services at affordable prices;
33) universal telecommunications service Fund: a Fund, whose funds are used for universal telecommunications service to a particular telecommunications services user group, or within a defined geographical area where commercial provision of those services would not otherwise be made;
34) general authorization-regulatorareģistrēt permit entitles the telecommunications company to provide telecommunications services, and that there is no need for specific regulatory decisions.
 
2. article. The purpose of the law the law of aims: 1 to promote the development of telecommunications) the territory of the Republic of Latvia;
2) to promote the development of competition in the telecommunications services market;
3) to promote the use of new telecommunications services;
4) determine the legal relationship in the provision of telecommunications services;
5) provide users of telecommunications services, public telecommunications network operator and a telecommunications service provider, the protection of the interests of the market economy;
6) to promote the universal availability of telecommunications services.
 
3. article. The scope of application of the law (1) this law determines the users of telecommunications services, public telecommunications network operators, telecommunications service providers, private telecommunications network owners and public authorities of the rights, duties and responsibilities associated with the regulation of the telecommunications sector, telecommunications networks, development and operation of telecommunications services, as well as the radio spectrum and numbering of the number, range and use of State control and supervision.

(2) this Act also applies to television and audio distribution necessary for public telecommunications networks. Intended for reception by the public broadcasting — television and sound broadcasting original programming and distribution — conditions governing radio and television law.
 
4. article. The right to form a telecommunications company and to provide the telecommunications services (1) any natural or legal person in accordance with the provisions of this law shall be entitled to establish a telecommunications company, establish, develop and operate public telecommunications networks or to provide telecommunications services.
(2) a telecommunications company provides telecommunications services, if you have received an individual license or register a general permission in accordance with the procedure laid down in this Act.
 
 
Chapter II public management in the telecommunications sector, article 5. The telecommunications industry regulator (1) governance in the telecommunications sector, within their competence, shall take the traffic Ministry.
(2) telecommunications industry this law and the law "on regulators of public services" in certain competencies in the public service regulation regulation by the Commission. The regulator's jurisdiction decisions and administrative acts are issued binding telecommunications companies and users of telecommunications services.
(3) the Cabinet in a separate decision, you can ask individual license associated with certain limited national resources, allocate and determine the auction auction results the objectives of the funds.
 
6. article. The tasks of the Ministry of Transport Ministry of transport tasks are the following: 1) determine the telecommunications industry development policy, which is intended for public interest objectives and the objectives of the sector;
2) to develop the Cabinet regulations, instructions, and other legislation on radiocommunications and telecommunications terminal equipment, design, construction, installation and operation, as well as on the use restrictions or prohibitions;
3) develop in the statutory regulations governing the telecommunications industry acts requirements of this law and the telecommunications sector policy;
4) define the universal telecommunications service to the General principles of the funding;
5) represent or delegate to other State institutions within the framework of their responsibilities to represent the Republic of Latvia in international telecommunication organizations.
 
7. article. The right of the Ministry of Transport Ministry of transport has the right to receive from regulators and telecommunications companies the necessary information on the telecommunications services market.
 
8. article. The functions of the regulator in the telecommunications sector (1) Regulator in addition to the law "on regulators of public services" as defined in the telecommunications sector performs the following functions: 1) defending users of telecommunications services and telecommunications company interests;
at the request of the Ministry, 2) draw up opinions on draft laws that regulated telecommunications companies or the provision of telecommunications services;
3) defines the telecommunications company provides telecommunications service quality requirements and the publication of the report on the quality agenda, as well as monitor the quality of telecommunications services;
4) confirms the cost calculation and application methodology to ensure the cost of the tariff application of zoom, voice telephony, leased lines and interconnection, as well as in the development of the universal telecommunications service net cost detection methodology. Once a year the Governor in a newspaper "journal" publishes information showing how the public telecommunications network operators comply with the regulator's specific methodology;
5) develop and the newspaper "Latvian journal" published in the general terms and conditions of the permit, as well as the registration procedure, the procedure for the issue of individual licences, telecommunications companies, in the licence register general authorisation and monitoring compliance with the provisions of the licence;
6) interconnection agreement approved in a principal display, for the common conditions of use and the provision of leased lines in the minimum principal telecommunications service users of leased lines to offer a set of services, as well as the procedures, deadlines, and technical provisions of the access network unbundling;
7) manages the universal telecommunications service and monitor the universal telecommunications service obligations;
8) settle disputes between telecommunications companies, in particular of interconnection leased lines and access issues, as well as between telecommunications companies and telecommunications service users, if the dispute is related to telecommunications services user complaints. The Governor's decision on the dispute is published in the newspaper "Latvian journal" and the full text of the decision sent the parties to the dispute;
9) develops and the newspaper "Latvian journal" published procedures and criteria for the determination of the telecommunications company that has significant impact on the relevant market, as well as establish and publish special requirements for the operation of the telecommunications company (cost separation, financial reports, cost calculation and application of the methodology, costs bring tariffs, non-discriminatory terms and reporting obligations);
10) develop technical rules for private telecommunications network for connection to the public telecommunications network and the telecommunications network for mutual connection, monitor the telecommunications network and the telecommunications terminal equipment technical requirements;
11) oversee the Latvian national telecommunications standards development and adaptation of international telecommunications standards, as well as the observance of these standards in the telecommunications sector;
12) approves the national numbering plan, open and non-discriminatory grant numbers, number ranges, short numbers, short codes and addresses;
13) monitor compliance with legislation in the telecommunications sector;
14) provides the operational transparency of the Governor, by publishing an annual report of its activities and decisions, as well as collects and publishes information on the telecommunications industry;
15) requires those public telecommunications network operators which have significant market power the obligation to provide universal service for telecommunications and public telecommunications network operators, that require compensation for the provision of universal service, due to too high costs, as well as determine the extent and cost of this compensation procedure.
(2) regulatory functions provides the controller of the executive organ of the telecommunications sector.
 
9. article. The Governor's right to the telecommunications sector Regulator in matters within their competence, are entitled to: 1) ten days to receive information from telecommunications companies (including those which contain business secrets), as well as the person written or oral explanations;
2) empower the Governor's representative access to the premises and buildings used for the provision of telecommunications services or the operation of the public telecommunications network, and ask to be shown how to check individual licenses, General permits, certificates or other documents, telecommunications equipment, devices or other equipment, which are used, or on the basis of which provides telecommunications services, created and operated public telecommunications network or ownership rights;
3) in order to ensure effective competition in the telecommunications sector and maximum economic efficiency on its own initiative or in this case, at the request of either party, to intervene in the negotiations to identify questions to be included in the interconnection agreements, or set special conditions to be observed for one or more of the parties to the agreement. Regulator in exceptional cases may require is amended in interconnection agreements already concluded, if this is justified by the need to ensure effective competition and/or interoperability of telecommunications services;
4) on its own initiative or in this case, at the request of either party, to fix the time limit within which the negotiation of interconnection agreements to be completed, but not longer than six months. If the time allotted in the agreement is reached, the Governor shall take measures to ensure the conclusion of such agreement, in accordance with the procedures established by the Governor;
5) to monitor the telecommunications terminal equipment and the radiocommunications products conformity assessment and Declaration of conformity in accordance with the law on conformity assessment "carried out by the Cabinet of Ministers authorised institutions.
 
10. article. Financing of the activities of regulators (1) Regulator's activities are financed in accordance with the law "On regulators of public services" and this law.
(2) the Governor shall be entitled, in addition to the charge for: 1) individual licensing and monitoring;
2) the general authorisation registration and surveillance;
3) numbering and address management;
4) other it services provided.

(3) charges for services provided by the regulator is justified by the cost of these services. The progress of this fee income can be used only to ensure the function of the regulator in the telecommunications sector. The payment rate for the services by the Governor, the Cabinet of Ministers.
(4) telecommunications company payments regulator a year must not exceed 0.2 percent of telecommunications company in the previous financial year's net turnover by individual licence or general operating permit.
 
 
Chapter III, article 11 of the telecommunications network. Types of telecommunications networks telecommunications networks is public and private.
 
12. article. The use of private telecommunications networks of private telecommunications networks allowed to use only private telecommunications network owner needs. Telecommunications services via private telecommunications network, is prohibited.
 
13. article. Private owners of telecommunications networks of private telecommunications network owners are obliged to follow rules: 1) for private telecommunications network connection to the public telecommunications network;
2) † to follow with the public telecommunications network operators in the telecommunications services concluded the Treaty provisions.
 
14. article. Private telecommunications network owners the right to private telecommunications network owners have the right to: 1) to connect a private telecommunications network, public telecommunications networks as the public telecommunications network of the telecommunications terminal equipment;
2) † mutual agreement, to connect a private telecommunications network to other private telecommunications networks;
3) † to qualify for use of radio spectrum in this law and other laws.
 
Article 15. † the private telecommunications network connection to the public telecommunications networks technical rules for private telecommunications network connection to the public telecommunications network shall be determined by the Governor. Commercial rules for private telecommunications network connection must be non-discriminatory in comparison to telecommunications services that the public telecommunications network operator provides to others in similar circumstances.
 
16. article. Telecommunications network installation and construction (1) telecommunications network installation and construction is regulated by the Cabinet of Ministers regulations.
(2) public telecommunications network operators shall have the right, if necessary, to install telecommunications networks in the State, municipal and private property, previously with the property owner or possessor.
(3) submarine cables sea proper shall be provided in accordance with the law on the continental shelf of the Republic of Latvia and the exclusive economic zone ". Installation of the telecommunication networks of protected natural areas into line with the protected natural areas management institution. The order in which the telecommunications network used for power lines, road and railway lines laid down in the relevant legislation.
 
Article 17. Damages due to the telecommunications network installation, operation and development of (1) the order in which the public telecommunications network operator will pay the property owner or possessor for damages due to the telecommunications network installation, operation or development, shall be determined by agreement between the parties. If the parties cannot agree, the dispute heard by a Court of law.
(2) a telecommunications network installation, operation or development completion of public telecoms network operator is obliged to arrange the real estate.
(3) If within one month of completion of the work or other period in agreement with the property owner or possessor of a public telecommunications network operator does not arrange the estate, it is entitled to arrange the same owner or possessor, recover from the public telecommunications network operator with the sort of property-related expenses and losses.
 
 
Chapter IV public telecommunications networks operators, article 18. Public telecommunications network operator responsibilities public telecommunications network operators are obliged: 1) abide by and execute the individual licence or general authorisation conditions, as well as the regulations, which are contained in the legislation on licensing, doing business (commercial) in the telecommunications sector;
2) develop the use of telecommunications services;
3) to enter into a written agreement of telecommunications services to the subscribers or providers of telecommunications services and to ensure that the rules laid down therein;
4) ensure confidentiality of telecommunications service users ' personal data and information about the received services;
5) be provided no later than two months under the constitutional protection Office Director's written request the network of telecommunication interception points (points), which by the operational entity manager written request is to be maintained and made available for free use in operational measures and criminal justice operations;
6) provide users of telecommunications services and other telecommunications companies non-discriminatory public telecommunications network connection, interconnection, access network unbundling and specific access to the technical and commercial rules;
7) public telecommunications network operator, which has a significant impact on the market, interconnection and offers a principal commercial negotiations with other public telecommunications network operators;
8) provide users of telecommunications services operational services (fire and rescue, police, and medical gas emergency) free calls;
9) then the public telecommunications network operator, which has a significant impact on the market, leased line service principal display;
10) determine the public telecommunications network termination point of the parameters.
 
19. article. Public telecommunications network operators the right to public telecommunications network operators have the right to: 1) determine the proposed telecommunications service tariffs, taking into account the decision of the Governor on the interconnection of leased lines and public telecommunications networks for voice telephony services;
2) to determine the order in which payments to be made for those telecommunications services for which invoices are not paid in time;
3) eligible for restricted use of national resources in the telecommunications sector;
4) install, develop and operate public telecommunications networks.
 
 
Chapter v telecommunications service provider in article 20. Telecommunications service providers telecommunications service providers are obliged: 1) a business (commercial) in the telecommunications sector, to observe and comply with all the terms and conditions of the regulators relating to general authorisations and individual licences;
2) develop the use of telecommunications services;
3) to conclude a written contract of telecommunication services to the subscribers and to provide it with the rules;
4) ensure confidentiality of telecommunications service users ' personal data and information about the services received.
 
21. article. Telecommunications service provider the right to telecommunications service providers have the right to: 1) determine the proposed telecommunications service tariffs, taking into account the decision of the Governor on the interconnection of leased lines and public telecommunications networks for voice telephony services;
2) to determine the order in which the outstanding payments for telecommunication services for which invoices are not paid in time;
3) qualify for the limited use of national resources in the telecommunications sector.
 
22. article. Public telecommunications network operator and a telecommunications service provider for the public telecommunications network operator and a telecommunications service provider, mutual rights, obligations and responsibilities determined by mutual agreement.
 
23. article. Telecommunications company and Subscriber relationships between (1) the Subscribers shall have the right to choose the public telecommunications network operator or telecommunication service provider.
(2) a telecommunications company and Subscriber switch telecommunications services contract, which defines the relations between the parties.
(3) telecommunications service contract is concluded in writing.
(4) telecommunications services agreement contained the following information: 1) telecommunications services;
2) Subscriber assigned telecommunications services, the delivery date, number or address, the public telecommunications network termination point and receiving point of telecommunications services, if such information is available;
3) telecommunications billing and invoice delivery address;
4) telecommunications services provided to the subscribers of the quality conditions;
5) public telecommunications network or the terms of use of telecommunications services;
6) dispute resolution and client submission of claims;
7) Subscriber's consent or not to consent to his personal data for the publication of subscriber lists and use for commercial purposes;

8) termination or suspension of the conditions of telecommunications services, including compensation or reimbursement procedure.
 
 
Chapter VI the telecommunications services users and subscribers to article 24. The telecommunications services users and subscribers ' rights and obligations (1) the telecommunications service users have the right to determine the manner and extent to receive telecommunications services from telecommunications companies.
(2) the Subscriber's relationship with the telecommunications company down the telecommunications service agreement.
(3) natural and legal persons have the right to lease lines from the public telecommunications network operator on the basis of non-discriminatory conditions.
(4) the Subscriber may be connected to the public telecommunications network only telecommunications terminal equipment, which has been rated or declared compliance with essential requirements.
(5) the Subscriber is eligible to receive invoices without analysis of telecommunications services.
(6) the Subscriber has the right to choose the number of public telecoms network operators and telecommunications service providers at the same time.
 
25. article. With the telecommunications services users and subscribers information protection in the telecommunications sector (1) telecommunications companies and their employees are prohibited from disclosing details of the telecommunications services users and subscribers without their express consent in writing, as well as to disclose the particulars of the information which is transmitted or retransmitted via the public telecommunications networks, or which you can obtain in providing telecommunications services, except in the cases provided by law.
(2) to be published or Commercial computerized stored in publicly available directories can store only the following information: Subscriber's number, name and surname, address, if the Subscriber has accepted the conclusion of the contract with a telecommunications company.
(3) connect to telecommunications networks for the purpose of operational information is allowed only in the cases laid down in the national law and procedures.
(4) the cabinet shall determine the order in which the telephone companies provided public telecommunications networks with machines that provide the core information from technical means and operational conversation eavesdropping law cases.
(5) in the third paragraph of this article, the specific measures and the resulting information is a State secret. Who your job responsibilities are associated with these measures or security, you need a special permit for access to State secrets.
(6) information on the public telecommunications network the subscriber who is the focus of this article the measures referred to in the third subparagraph, as well as the aims, justification and scope of the telecommunications company may withhold.
(7) telecommunication company fees accounting for the interconnection of telecommunications services or without prior coordination with subscribers may be stored and processed in the form of the following identifiable information: 1) data which identify the Subscriber connection point of a number of telecommunications and connection point address;
2) data identifying the subscriber address and type of telecommunications terminal equipment;
3) requires the calculation of the fee;
4) Subscriber transmitted the message recipient's address or speech or number;
5) Subscriber transmitted the information, time and duration;
6) information on the Subscriber and the advance or payment made;
7) information about the subscribers specified telecommunications service restrictions;
8) telecommunications service provider Alerts subscribers.
(8) in the seventh part of this article in the processing of that information only up to the time that can be legitimately challenged bills or making payments.
 
26. article. Protection of personal data (1) telecommunications companies to ensure the confidentiality of any information available to them about the telecommunications services users and subscribers, including information about the use of telecommunications services.
(2) the telephone companies disclose telecommunication networks transmitted message format, message content and information about the sender and recipient of a message, the message was sent and the transmission type only with permission of the sender of the message, except in the cases provided for in other laws.
(3) subscribers have the right to request your free personal data off of the published or publicly available computerized mailing lists. Telecommunications company without the consent of the persons referred to may not be the data for those transferring to third parties.
(4) the Governor may establish other restrictions and requirements to be followed by telecommunications companies to provide the users of telecommunications services the protection of personal data and the called or caller line number identification or identification.
 
 
Chapter VII Interconnection in article 27. The specific interconnections and access agreements (1) public telecommunications network operators have the responsibility of negotiation to reach an agreement on the public telecommunications network interconnection and to enter into interconnection agreements with other public telecommunications network operator. Interconnection provides for the provision of telecommunications services to subscribers in both directions. Public telecommunications network operators are obliged to provide separate accounting operations of the telecommunications interconnection services, the cost of the separation, and to ensure the financial actions of independent auditing report.
(2) public telecommunications network operators which have significant market power shall publish interconnection and a principal regulator provide information on specific access agreements.
(3) the specific access contract shall be the public telecommunications network operator with Telecom service provider, and it is included in the special technical and commercial terms for connection to the public telecommunications network. Public telecommunications network operators which have significant market power may refuse the telecommunications service provider requests for special access.
(4) the interconnection agreements concluded two public telecommunications network operators have agreed to interconnect their telecommunications networks. This agreement shall include all technical, commercial and other interconnection rules.
(5) public telecommunications network operators which have significant impact on the market, the services of interconnection may refuse to connect its public telecommunications network with other public telecommunications networks.
(6) public telecommunications network operators which have significant impact on the market, the services of interconnection may refuse to enter into interconnection agreements, just based on the regulator's written decision taken following a case-by-case basis.
(7) the Governor shall have the right to assume public telecommunications network operators interconnection decisions binding and special access area, if the parties are unable to agree. The Governor shall adopt within six months from the date of receipt of the application.
(8) the public telecommunication network interconnection and special access agreements presented in triplicate. Ten days after the conclusion of the contract a copy of the contract submitted to the regulator.
 
28. article. The principles for the settlement of the interconnection and special access (1) interconnection or special access service tariffs must be non-discriminatory in all special access or interconnection agreements that telecommunications company that has a significant impact on the market, entered into with other public telecommunications network operators or providers of telecommunications services. Interconnection or special access service tariffs to be closer to their costs.
(2) various interconnection and special access services tariffs, terms and conditions may apply to different telecommunications companies authorised to provide networks and services, where such differences can be objectively justified, on the basis of the type of interconnection provided and/or the relevant licensing conditions. The Governor shall ensure that such differences do not adversely affect competition.
(3) the interconnection and special access service tariff is separate and detailed subject only to provide telecommunications services to subsidise other telecommunications services and interconnection or special access to the applicant would not have to pay for it, which is not related to the requested telephone services.
(4) all activities with both the direction of interconnection related total cost, other than the principal display shall be borne by the interconnection of the two network operators in equal shares, unless the parties agree otherwise.
(5) all with a one-way transaction costs of interconnection undertakes to cover this public telecommunications network operator who requested to create a one-way transaction, if the interconnection the parties agree otherwise.
(6) the interconnection costs are calculated in accordance with the approved regulators cost calculation methodology.
 
29. article. Publication of information concerning the issues of interconnection

(1) the Governor determines that interconnection and special access to the parts of the contract should not be published to avoid disclosure of information, which includes the business secrets of the parties.
(2) the Governor in a newspaper "journal" publishes information about the place and time where and when information on the interconnection and the principal agreements are available.
(3) public telecommunications network operators at the Governor's request, send the information about the actual interconnection or access special cost calculation methodology. The regulator will publish each year a report on how the public telecommunications network operators comply with the regulator's defined a cost accounting methodology.
 
 
Chapter VIII telecommunications service tariffs, article 30. Telecommunications service tariff procedure (1) the Governor shall determine the tariff calculation methodology, as well as the approved tariffs, to ensure that their telecommunications company tariffs, which have significant market power is closer to cost and universal telecommunications service providers ensure universal telecommunications services Telecom users at an affordable price.
(2) Another telecommunications service tariffs for users of telecommunications services down the telecommunications companies that provide them. The Governor has the right to determine the telecommunications service tariff calculation methodology, cost calculation methodologies and tariff publication procedures.
(3) voice telephony services in the fixed public telecommunications networks telecommunications service tariffs the regulator monitors until the services specific geographic areas in the competition. Decision on each voice telephony service tariff control to stop the market accepts the Governor.
 
31. article. Telecommunications service tariff discount telecommunications companies have the right to introduce a telecommunications service tariff plan and determine the telecommunications service tariff discounts.
 
 
Chapter IX protection of telecommunications networks and the easement rights to the article 32. Telecommunications network protection (1) the telecommunications network infrastructure protection order is determined by the Cabinet of Ministers.
(2) in order to ensure that telecommunications networks protection from damage, along the lines of the telecommunication networks are created protection zones (zones, stig) width limits and use is governed by Established law.
(3) public telecommunications network operator may be in its telecommunications network in operation cordon to take all the necessary jobs, advance written notice to the owner or possessor of the land.
(4) natural and legal persons of the telecommunications network in the zone in question complied with the public telecommunications network operator's legal requirements.
 
33. article. Telecommunications company easement rights (1) the public telecommunications network operator is real estate easement rights to create, develop and operate public telecommunications networks or to provide telecommunications services.
(2) if the parties cannot agree, the servitude established by the judgment of the Court of law.
(3) telecommunication networks by a property owner or possessor of the requirements for the move the real estate owner or possessor.
(4) where the telecommunications network is deployed in other communications established in, their movements are governed by the provisions of the Cabinet of Ministers.
(5) the property owner or possessor cannot deny public telecommunications network line, cable and installation and operation of the homes use the staircase, facade, loft and basement space share.
(6) the public telecommunications networks, the cables and the public telecommunications network termination points shall be provided, as well as the equipment, set up pursuant to the law "On the protection of cultural monuments".
 
 
Chapter x telecommunications network numbering of article 34. Numbering resources and the national numbering plan (1) the Governor shall approve the national numbering plan and manage it in accordance with international agreements and standards. Governor newspaper "journal" publishes information about the place and time where and when the information on the national numbering plan is available.
(2) the national numbering plan development aims and methods, as well as the procedures for the granting, using and reserving the numbering resources, abandon them and withdraw from circulation any assigned numbering resources, governs the national numbering plan, the provisions of the regulation issued by the Cabinet of Ministers.
(3) the Governor shall grant public telecommunications network numbering ranges, address, short codes and short numbers, but the telecommunications services providers — numbering ranges and short codes, providing a timely, transparent and non-discriminatory conditions for access to numbering resources.
 
35. article. Numbering (1) telecommunications companies are eligible for number, number range, short numbers, short codes and address assignment, or change of reservation pursuant to this law, other laws and regulations, including the regulation of the national numbering plan.
(2) if the Subscriber requests, then regardless of the telecommunications service provider may retain the use of the public telecommunications network termination point of the subscriber number within the geographical area of use the numbering or any other place where the subscriber number is not associated with geographic numbering. Public telecommunications network operators which have significant market power, their subscribers access to another, with the telecommunications network, connected to the public telecommunications service provider switching services. In determining this the liabilities referred to in part a specific public telecommunications network operator, the Governor shall take a decision on the implementation of these commitments.
(3) telecommunications companies and telecommunications services users can obtain only the numbering resource use rights.
(4) If a telecommunications company lose the numbering resource usage rights assigned numbering resources into the Governor's disposal.
 
 
Chapter XI limitation of telecommunications services in article 36. Business (business) for business (commercial) in the telecommunications sector limits prescribed in this Act, stating that it requires a general authorisation or individual licence.
 
37. article. Standardisation in the telecommunications sector (1) standardisation of telecommunications sector in accordance with the standards of the law.
(2) the Latvian National standards development and adaptation of international standards is carried out standardization Technical Committee.
 
38. article. Telecommunications and radiocommunications terminal equipment means the conformity assessment and Declaration of conformity (1) telecommunications terminal equipment and the radiocommunications products conformity assessment and conformity declaration procedure lays down the law on conformity assessment "and other laws.
(2) it is prohibited to connect the public telecommunications networks and the telecommunications terminal equipment the conformity of which essential requirements have not been evaluated or declared.
(3) it is prohibited to realize and use them in the radiocommunications resources compliance with the essential requirements has not been evaluated and declared.
 
39. article. The use of the radio spectrum (1) national radio frequency plan approved by the Ministry of transportation. This plan shall be developed in accordance with international norms, and it indicates the radio areas that are reserved for mobile telecommunication networks and personal communications, taking into account their possible expansion in the future. The national plan of the Ministry of radio traffic reports at least once every two years.
(2) the spectrum of natural and legal persons may only be used after authorisation of the Cabinet of Ministers.
(3) the Governor shall establish clear radio spectrum use rules for business (commercial) in the telecommunications sector, the timely appearance of all requests for the use of radio frequencies for business (commercial) in the telecommunications sector and includes permission to use radio frequencies in individual licenses.
(4) the use of radio spectrum control and monitor the traffic Ministry.
(5) the Ministry of transport for the appearance of harmful interference in the operation of the radio, as well as identify sources of interference and the decision regarding this issue.
(6) the traffic Ministry newspaper "journal" publishes information about the place and time where and when the information is available on national radio.
 
 
Chapter XII general authorisations and individual licences article 40. General authorisations and individual licences for business (commercial) in the telecommunications sector (1) general authorisations and individual licences for business (commercial) public telecommunications services provided to adjust: 1) the conditions for the provision of telecommunications services, as well as certain telecommunications company;

2) numbering space, and effective use of the radio spectrum.
(2) the individual licences in certain obligations and rights as well as access to the limited national resources in the telecommunications sector under the Cabinet and published procedures.
 
Article 41. The general authorisation procedure of registration (1) the Regulator develop and the newspaper "Latvian journal" published the rules, procedures and conditions for the registration of the general authorisation, as well as the telecommunications services or telecommunications services covered by the general permit registration.
(2) all potential providers of telecommunication services shall notify the regulator of its intention to provide telecommunications services before launching it. If, within 30 days from the date of submission of the communication regulator has not given a response, the notifier has the right to initiate the provision of telecommunications services.
(3) If the information contained in the notification does not comply with the regulatory requirements relating to general authorisations, the Governor shall inform the applicant that the general authorisation is not registered, and gives him the opportunity to take the necessary action in the general authorization conditions.
(4) after receipt of the application within 30 days, the Governor shall examine it and inform the applicant of the registration of the general authorisation or reasoned refusal.
(5) the fee for the registration of general authorisations, not counting with the universal telecommunications service related payments to cover all the administrative costs incurred in connection with the Governor general authorisation, control and monitoring.
 
Article 42. Individual arrangements for the issue of licences (1) Regulator develop and the newspaper "Latvian journal" published in the individual licences of the terms and conditions and the procedures for receiving it.
(2) the Governor shall inform the individual license applicants of their decision as soon as possible, but no later than six weeks after the date of receipt of the application. Objective reasons regulator decision time can be extended to four months, but in the case of an individual invitation to tender a licence, the regulator decision must be adopted no later than eight months after receipt of the request. This time limit must be coordinated with all international treaties relating to international radio and satellite communications.
 
43. article. Modification of individual licences, suspension or termination (1) the Governor may amend the individual terms and conditions of the licence or cancel individual licenses only in the following cases: 1) with the consent of the holder of the licence;
2) according to the following individual terms and conditions of the licence;
3) in the cases specified by law.
(2) If individual licensee fails to fulfil any of the conditions contained in the licence in accordance with legislative requirements, the Governor issued an individual license can revoke, amend or suspend its operation, or impose on the licensees to take proportionate and concrete measures to ensure compliance with individual license terms.
(3) the Governor gives the telecommunications company the opportunity to make their views on the license conditions and obliges to eliminate all violations a month from the day the Governor intervened. If the telecommunications company made repeated irregularities, the Governor can immediately take the appropriate measures. If the telecommunications company resolves violations, the Governor within two months from the date of the initial intervention accordingly withdraw or amend its decision and notify the reasons. If the telecommunications company failed to prevent abuses by the Governor within two months from the date of the initial intervention, confirm its decision and notify the reasons. The decision shall be communicated to the relevant telecommunications company within one week from the date of its adoption.
(4) telecommunications company has the right to appeal against the decision of the Governor in court.
 
44. article. Individual license time (1) the individual licences are issued for a term of up to 15 years.
(2) not later than six months before the individual license expires, telecommunications company may submit an application for renewal of the license to the next license period.
 
Article 45. Individual license restrictions on the use of the individual license is indivisible and cannot be transferred, sold, gifted, lease or otherwise dispose of the good to another natural or legal person without the Governor's consent.
 
Article 46. State fee and charges for individual licences (1) on the individual licence fees payable in the State shall be determined by the Cabinet of Ministers. Individual licences are issued only after the payment of the national fee, which is included in the State budget.
(2) the fee for individual licences, not counting with the universal telecommunications service charges linked to bear all with individual licences, control, monitoring and implementation of the related administrative costs.
 
47. article. Individual licences will be included in the terms and conditions (1) the Regulator develop and the newspaper "Latvian journal" published terms and conditions to be included in the individual licence. Individual licence include at least the following information, terms and conditions: 1) licensor;
2) licensees;
3) licence date and time;
4) they (business) business in the telecommunications sector, for which the license was issued, and a licence in a particular geographical area;
5) applicable standards and regulatory documents;
6) cause of force majeure circumstances;
7) numbering resources allocation and use;
8) authorisation to use radio frequencies and the conditions of use;
9) information protection provisions;
10) free emergency operational services call;
11) universal telecommunications service obligations;
12) public telecommunications network interception point, free transfer of operational entities.
(2) public telecommunications network operators which have significant market power, in addition to individual licences should include: 1) special technical conditions for the provision of telecommunications services for the disabled;
2) interconnection and special access.
(3) in the individual licence, the terms and conditions must not discriminate against other telecommunications companies and should not be in contradiction with the legislation.
 
48. article. The number of individual licences, limiting the number of individual licences to be issued may be limited only in order to ensure the efficient use of radio spectrum. Numbering resources because of lack of individual licenses shall be limited to the time necessary to amend the national numbering plan and create the free numbering resources.
 
 
Chapter XIII the universal telecommunications service in article 49. Universal telecommunications service (1) the Governor determines that the newspaper "Latvian journal publishes and regularly review the list of universal telecommunications services, the volume of services, geographical areas and the users of telecommunications services to which they apply, as well as develop acceptable pricing principles of voice telephony services in the public fixed telecommunications network.
(2) the Governor shall determine the obligations relating to the universal provision of telecommunications services to ensure universal telecommunications services throughout the territory of the Republic of Latvia, and their decisions shall be reviewed every three years.
(3) the Governor may designate one or more public telecommunications network operators, which satisfy the request due to the connection to the public telecommunications network termination point of the specified locations, and access to the universal telecommunications service.
(4) the universal telecommunications service obligations is controlled by the Governor.
 
50. article. Universal telecommunications service costs of universal telecommunications service net cost setting and calculation methodology approved by the regulator.
 
51. article. Universal Service Fund telecommunications cabinet can create a universal telecommunications services Fund.
 
52. article. Universal telecommunications service charges for telephone companies, which operates the public telecommunications networks and publicly available telecommunications services, funded by the universal telecommunications service in accordance with the procedure laid down and regulators.
 
53. article. Universal telecommunications services the use of means of payment (1) universal telecommunications service payment funds allowed to use only universal telecommunications services for the financing of telecommunications services markets, according to the regulator's assessment of universal telecommunications service net cost of the provision of the public telecommunications network operator is too high.

(2) universal telecommunications service means of payment can be used to fund the subscriber line connections public fixed telecommunications networks in specific places.
 
 
Transitional provisions 1. Until 1 January 2003 the Republic of Latvia: 1) can be in force only for one individual license public fixed telecommunications network, operation, development, and for the provision of telecommunications services in accordance with the transitional provisions in paragraph 2 subparagraph 2;
2) there are several television and audio distribution public telecommunications networks, as well as specialized telecommunications networks ("Latvian Railway" VAS, the Ministry of the Interior, the VAS "latvenergo" BOV "Latvian State radio and television Centre" BOV "national information network agency"), acting pursuant to the transitional provisions of paragraph 2;
3) is prohibited in the international call-back services, organizing, providing and receiving;
4) this paragraph 2, of the transitional provisions referred to in point 2 of the telecommunications service tariffs to balance, bringing them to the actual costs of services.
2. The transitional provisions referred to in paragraph 1, the individual licence holder (the public fixed telecommunications network operator) has exclusive rights until 1 January 2003:1) manage, develop, and operate a public fixed telecommunications network in the Republic of Latvia;
2) provide local, domestic and international fixed voice telephony services in the filed of public telecoms network, as well as the provision of leased lines and public pay phone services in the Republic of Latvia;
3) to pass this transitional provision in paragraph 2 1 and 2 referred to in the provision of telecommunications services to other entities on a contractual basis, and agreement is recorded the Governor, which shall inform the Ministry of transport.
3. The transitional provisions referred to in paragraph 2 of public fixed telecommunications network operator an exclusive right does not apply to public mobile radiotelekomunikācij network operator licences services included.
4. This law, article 14, paragraph 2 and article 53 shall enter into force on 1 January 2003. With regard to the authority of the Ministry of defence and the institutions under article 14, paragraph 2 shall enter into force on the date of entry into force of this law.
5. Article 35 of this law, the second part shall enter into force on 1 January 2003.
6. within two years from the date of entry into force of the Act of the Ministry of transportation and the Governor provides all of this law, the rules of procedure, the development of procedures and methodologies.
7. within six months from the date of entry into force of the Act of the Governor or re-register licenses issued and recorded in the general authorisation under the provisions of this law, all those telecommunications companies that operate and provide telecommunications services this law enters into force. Issue or re-register the license or general authorisation pursuant to this paragraph, article 41 of this law the fifth subparagraph and article 46 rules do not apply. Individual licenses issued by the Ministry of transport before the entry into force of this Act, shall remain in force until the end of the licence term.
8. With the entry into force of this law shall lapse: 1) Supreme Council of 6 October 1992, the decision "Of the Republic of Latvia telecom system principles" (the Republic of Latvia Supreme Council and Government Informant, 1992, 42./43.nr.);
2) Supreme Council of 4 May 1993 decision "on the law of the Republic of Latvia" on telecommunications "date of order" (the Republic of Latvia Supreme Council and Government Informant, 1993, 20/21.nr.);
3) of the Act "on telecommunications" (the Republic of Latvia Supreme Council and Government Informant, 1993, 20/21.nr.; The Saeima of the Republic of Latvia and the Cabinet of Ministers rapporteur, 1995, nr. 10; 2001, no. 10).
The law adopted by Parliament in 2001 on November 1.
 
The President of the Parliament instead of the President j. stream in 2001 Riga November 16, editorial comment: the law shall enter into force on the 30 November 2001.