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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, no. 15; 2008; 2009, No 14; Latvian journal, 2010, 102, 206. no; 88. in 2011, no; 2013, 232. No.) the following amendments: 1. Replace the entire law, the words "newspaper" journal "(the fold) with the words" official journal "Latvijas" (the fold). 2. in article 1: (1) be expressed as follows: "DSL-1) physical line that connects the public electronic communications network termination point of the Subscriber's premises to the Central Cross-country or equivalent facility;" to supplement the article with a new 7.1 points as follows: ' 71) safe trans-European telematic services between administrations (test) — electronic communications platform, which includes physical electronic infrastructure and connections as well as the related electronic communications services, in order to ensure the secure exchange of data between the Member States of the European Union public administration institutions and the institutions of the European Union; "; consider the current 7.1 7.2 points on; to supplement the article with (l) 20 as follows: "201) — ground ducts or buildings located in the structure or set of pipes and cables in the UK or other underground spaces designed for electronic communications cable line installation and operation;"; Express 24.1 point as follows: "241) improper use of numbering — numbering does not suit national numbering plan in numbering the purpose of use, as well as the initiation of the call routing or receipt to the geographical or non-geographical number that is not activated or used the public telephone network in the Republic of Latvia, or on public mobile telephone network number that is not used by the end user terminal for connecting electronic communications of Latvia's public mobile telephone network except for roaming on public mobile communications network. " 3. in article 5: to supplement the first part of paragraph 5 with the following: "5) secure trans-European services for telematics between administrations (test) the Latvian territory."; make the third paragraph as follows: "(3) For the top-level domain". "en" registry and electronic numbering system support considered international organizations validating top-level domain registry support, Internet assigned names and numbers approved by the Corporation, the entity laws which established the Ministry of transport was held. Cabinet of Ministers sets the top-level domain "." en "registry and electronic numbering system follows the requirements for adoption, as well as its recognition. Top level domain "." en "registry and electronic numbering system follows the performance requirements for monitoring the traffic Ministry." 4. in article 6, first paragraph: Add to part with 8.1 points as follows: ' 81), decide on laws and not use the radio equipment business interruption; "; Replace paragraph 10 "d" in the word "regulatory" with the word "regulatory". 5. in article 8: the first part of the expression (4) as follows: "4) hears disputes between the electronic communications operator interconnection, access and related use of the common facilities and the provision of leased lines, as well as disputes between electronic communications operators and users, if the dispute is related to users ' claims, the law" on regulators of public services "in the order"; make the first part of paragraph 9 by the following: "9) determine and publish in the Official Gazette" Latvijas journal "requirements for local loop unbundled access and procedures for access to the local loop is unbundled or part of and access to associated facilities and services, as well as the order in which access to ducts for next generation access (NGA) cable deployments, and a procedure is given for additional fuel capacity cable ducts for sewer construction , reconstruction or electronic communications network during the construction of the transmission where the duplicate infrastructure is physically impossible or economically inefficient (where after installation, construction or reconstruction works are necessary to restore the road carriageways or sidewalk, place that you plan to asfaltē the next two years, or in places where the strip along the ducts of your cable-will make it impossible for the electronic communication operators formation of parallel lines , URu.tml); "; Add to the first paragraph of point 12, the words "as well as sufficient service of the wholesale and retail price difference calculation methodology"; replace the first part of paragraph 17, the words "and the numbers 31 and 32, article" with numbers and the words "30, 31 and article 31.1"; replace the first part of paragraph 20, the words "the regulatory decisions under appeal" with the words "the appeal against the Regulator's decisions"; to supplement the first part of paragraph 22 as follows: "the appearance of cross-22) in the dispute between the parties, if one party is the electronic communications operator, and the other half — other Member State of the European Union electronic communications operators, as well as cross-border disagreements, which is yet another European Union Member State competence. The Governor in a cross-border dispute shall cooperate with the Member States of the European Union and the COUNCIL of regulators. The Governor may require the guidance of the COUNCIL on cross-border disputes, and after receiving the advice of ... cross-border disputes dealt with in accordance with it. If necessary, the Governor in COUNCIL may, before the receipt of the recommendation from detect Latvian electronic communications operator to the obligations taken in cross-border disputes. Where, in cross-border disputes have not been considered within four months and the Court is not seised or where a cross-border dispute of the parties so requests, the Governor continues to coordinate the handling of cross-border disputes in accordance with the recommendation of the COUNCIL. "; Add to the second part of the sentence the following wording: "the decision taken by the administrative acts issued or justification of the Regulator may take into account the recommendations of the Commission in the matter." 6. Article 9, first paragraph: replace paragraph 9, the words "standard terms" with the words "General provisions"; make 14 the following: "14) to establish 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 numbering the usage rights or number is moved to the public telephone network, is obliged to stop immediately the call routing and access to the relevant number or number range;" Add to part with 15, 16 and 17 as follows: "15) to determine what features are scams carried out using numbers, as well as the deadlines and procedures for the circulation of information between the electronic communications operator and Regulator, and as the Regulator finds and fixes the electronic communications operator that fraud carried out using numbers; 16) not to grant or revoke the right to use numbers to electronic communications operators, which the Governor found fraud carried out using numbers, or the wrong number; 17) not to grant the right to use numbers to individual economic operator a foreign merchant in the branch or company, if the individual merchant, branch of a foreign merchant or company member, shareholder, Member, or member of the Executive Council or prokūrist was a trader of electronic communication — — the Council of the Corporation or of the Board or the prokūrist, the pārstāvēttiesīg member of the partnership, the foreign merchant affiliate representative or sole proprietor, which the Governor found fraud carried out using the numbering, or incorrect numbering. " 7. in article 16: replace the sixth subparagraph, the word "regulatory" with the word "regulatory"; to supplement the article with the seventh subparagraph by the following: "(7) if the State joint stock company" electronic means "adopted this law, article 6, first paragraph, point 10" d "referred to in the decision on the electronic communications network, or part of the dismantling of the installations or construction which does not comply with the electronic communications network installation and construction of laws and regulations governing electronic communications network owner is obliged to take the network or network parts dismantling by its own means." 8. Article 19, first paragraph: Add to part with 11.1 points as follows: "111) to provide load transfer of data article 70 of this law in the said institution, if so prescribed by law in the case and order the relevant data required;" Supplement 17 before the word "informed" by the word "individual"; make the following point 19:19 ") prescribed by the regulators, and according to the conditions of the regulators to provide information on the position of the ducts, the available capacity and other physical parameters, which are necessary for other operators next generation Access (NGA) cable capacity. This information should not be considered a trade secret. The electronic communications operator does not give information about public electronic communications network 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 the cost; " Add to part with 23 and 24 by the following: "23) if electronic communications merchant providing ducts, — according to the technical ability to provide access to ducts for another electronic communications operator to next generation access (NGA) cable capacity, upon his request, and zoom in on the cost of the tariff. The electronic communications operator is obliged to apply equivalent conditions in equivalent conditions for other electronic communications operators who provide access to ducts; 24) if electronic communications merchant builds or reconstructs the ducts or the construction of an electronic communications network gear — providing additional cable sewer capacity of next generation access (NGA) of installing cable Regulator in accordance with the procedure laid down in cases where duplicate infrastructure is physically impossible or economically inefficient (where after installation, construction or reconstruction works are necessary to restore the road carriageways or sidewalks pavement, where it planned a further two asfaltē years , or places where the strip along the ducts of your cable-will make impossible the electronic communications operator to parallel lines, URu.tml). " 9. Make the eighth article 22 paragraph 1 subparagraph by the following: "1) electronic communications merchant before electronic communications service contract shall inform, as well as equipment purchase or rental agreement indicates that the machine is not used for similar type of electronic communications service from other electronic communications operators;". 10. Express article 30 the third paragraph 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. If the Regulator receives a European Commission decision on the Governor's final decision, it is six months from the date of adoption of the decision of the Commission under the European Commission's decision to amend or withdraw its decision. 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. " 11. Article 31: make a fifth 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 making a decision or set of planned activities for two months for a decision of the European Commission. If the Regulator receives a European Commission decision on the draft decision prepared by the Regulators or planned measures it six months from date of adoption of the decision of the Commission under the European Commission's decision to amend or withdraw its decision project or planned measures. If the Governor his draft 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. "; to supplement the article with the sixth part as follows: "(6) the Governor shall take specific electronic communications services market analysis no later than three years after the previous decision on the application of requirements, maintenance, amendment or withdrawal of electronic traders. In exceptional cases this time limit may be extended for a further three years, if the Governor has submitted to the European Commission of the reasons for the extension and the European Commission one month it has rejected. If the period defined by the Regulator has not carried out the analysis of the market, it can apply to the COUNCIL with a request to provide support for the market analysis is complete. The Governor, together with the COUNCIL draft decision developed or planned measures within six months shall notify the European Commission. " 12. Express 19.3 article 19.3 as follows: "article. Procedure for the harmonisation with the European Commission and other regulatory authorities (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 receive instructions as to its non-compliance with European Union legislation, the Governor or a set of actions planned will not accept another three months after the notification of the European Commission. If such a message is not delivered, the Governor can make the decision whether to implement the planned measures, in the light of the European Commission, the COUNCIL or other national regulators. (2) the Governor in the first subparagraph shall cooperate, within the time limit set by the European Commission and the COUNCIL to determine what the most appropriate and most effective measures. If the COUNCIL published an opinion that agrees with the recommendations of the European Commission, the Regulator before the first paragraph of this article may: deadline 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) to maintain the draft decision or a planned set of actions. (3) where the Governor has made amendments to the draft decision of the measures taken or planned as a whole or the left or ... not agreed to in the first paragraph that the European Commission's communication, or no opinion and the European Commission during the month following the first paragraph of this article by the end of the period provided for rectification or withdrawal of the recommendation to draft decision or a set of actions planned or taken a decision to withdraw the first part of the notification referred to in , The Governor shall within one month notify the European Commission and the COUNCIL for its final decision or a set of planned activities. If the Governor shall organise public consultations with market participants, it adopted the final decision or the planned measures is reported when the public consultation. (4) If the Governor is not taken into account in the third subparagraph, the European Commission's recommendation that the European Commission shall provide appropriate justification. (5) the Governor may revoke the decision or a set of actions planned at any stage of the procedure. " 13. in article 31.2: make the second part of paragraph 6 by the following: "6) indicates separate unit assets, segregated units provided by electronic communication services or products provided;" replace the fourth subparagraph, the figures and the words "in articles 41 and 42." with numbers and words "41, 42 and article 44" and the word "Commission" with the word "Commission". 14. Replace 31.3 in the third paragraph of article numbers and the words "in articles 41 and 42." with numbers and words "41, 42 and article 44". 15. Make the article 36 4.2 part as follows: "(42) the Regulator may take appropriate decisions to ensure that electronic payments between merchants for access to ducts shall be applied to the cost of bringing tariffs." 16. Make the article 37 first paragraph as follows: "(1) in order to ensure the provision of electronic communications services and their interoperability, the operator is entitled and, if requested by other electronic communications operators, also an obligation to negotiate interconnection." 17. Article 42: make the second sentence of the third paragraph the following wording: "the Governor cost calculation can also be used different methods than those that use electronic communications operators, as well as sufficient for wholesale and retail price difference calculation methodologies."; Add to sixth with text by the following: "Governor, when determining the tariff ceiling or asking tariff adjustments, based on the electronic communications merchant providing electronic communication services costs and profitability, which does not have a suitable cost accounting obligations and the third part of this article. The regulator in determining the tariff ceiling or asking to adjust tariff, you can use the benchmarking and analysis of information on the costs incurred in providing electronic communications services in the most efficient way and using the latest technology available, as well as the cost calculation models and other methods. A change in the most efficient manner electronic communications services provided on costs, the Regulator may revise the tariff ceiling or ask to adjust the tariff. " 18. off article 43. 19. Add to article 44, the second paragraph after the words "and the publication of the principal" with the words "as well as the choice of the service operator or operator preselection service rules and deadlines for implementation of these services. 20. Article 47: Express 3.1 part as follows: "(31) electronic communications operators are not entitled to pass on the radio spectrum usage rights, if it is not paid for this acquisition." replace the words "in part 3.2 measures" with the word "Decision"; turn off 3.2 paragraph, the words "certain Member States"; adding to the fifth subparagraph of the sixth sentence, before the word "extension" with the word "term". 21. off 55. the third paragraph of article. 22. in article 58: turn off the title, the words "spectrum or"; turn off the first paragraph, the words "and of the radio spectrum". 23. Replace article 68, first paragraph, the words "if necessary" by the words of this law and the number "where this information is required by article 70 of this law in the eighth and the ninth part of the said institutions as well." 24. Article 70: replace the words "the third paragraph of this article on the seventh and with the words" this article "in the seventh, eighth and ninth part, as well as"; to make the seventh subparagraph by the following: "(7) the Governor has the power of electronic communication operators to request and receive load data necessary for the consideration of the dispute, the issue of interconnection or fraud carried out using numbers, as well as the consideration of the application to the required load data about the user that submitted the application to the Regulator." to supplement the article with the ninth, tenth and eleventh subparagraph by the following: "(9) the financial and capital market regulatory legislation for the purposes of infringement of the financial and capital market Commission is entitled, on the basis of the judge's decision, the request and of the electronic communications operator to get the load to the data referred to in annex 1 of this Act, paragraph 1 and paragraph 2, 1., 2., 3., 4., 5 and 6, as well as data referred to in annex 2 of this law 1., 2., 3., 4., 5., 6., 7 and 8. (10) electronic communications operators shall not be obliged to take additional measures in this article in the eighth and the ninth subparagraph, if the information, providing electronic communications services, electronic communications merchant technical equipment to generate, process and are not recorded. (11) the cabinet shall determine the capacity data transfer procedures for applying for and this article will be the eighth and ninth in institutions. " 25. The transitional provisions: replace paragraph 14, the words and figures "up to 1 June 2013" with the words and figures "up to 1 June 2015"; transitional provisions be supplemented with 20.1, 27, 28, 29, 30, 31, 32 and 33 as follows: "Cabinet of Ministers to 20.1 2014 1 September issue of this law article 25 referred to in the second subparagraph."; 27. This law, article 19, first paragraph, 19 new paragraph shall enter into force on 1 July 2014. The Governor until 30 June 2014 to determine the order in which electronic communications merchant providing the information referred to in this paragraph. 28. The Governor until 1 July 2014 manages this law article 8, first paragraph, under paragraph 9 of the law and article 44 of this law stated in the carrier selection service or operator preselection service rules providing for the implementation of these services. Until this legislation is the entry into force of the Regulator 19 December 2013 decision No 1/37 "provisions on access to facilities and related services", 19 December 2013 decision No 1/36 "provisions on unbundling local loop or part thereof" and with the Regulator's 8 June 2005 decision No 139 provisions approved "carrier selection service or operator preselection service rules", in so far as they do not conflict with this Act. 29. Article 43 of this law exclusion comes into force July 1, 2014. The electronic communications operator with significant market power the obligation imposed by the Regulator to provide subscribers the option of the operator service or operator preselection service for access to the public telephone network at a fixed location (public fixed telephone network assurance) is in force until such time as the Governor, based on objective data, market analysis of duty canceled. 30. Amendments to this law, the first subparagraph of article 68 and article 70, third paragraph and article 19, first paragraph 11.1 points and 70 article ninth, tenth and eleventh part governing the financial and capital market Commission's right to act in the cases and in the order request and the electronic communications operator's obligation to provide the capacity data, shall enter into force on 1 June 2014. 31. The Cabinet of Ministers to 2014 May 31, issue 70 of this law article eleventh part of these provisions. 32. The Cabinet of Ministers until 1 July 2014 manages this law, article 5, the provisions referred to in the third subparagraph. To the Cabinet from the date of entry into force of the provisions applicable to the Cabinet of Ministers of 5 July 2011 rules no 524 "top-level domain". "en" registry and electronic numbering system of the holder of the procedure ', in so far as they do not conflict with this Act. 33. This law, article 19, first paragraph, the provisions of paragraph 24 additional cable sewer capacity of next generation access (NGA) of cable installation does not apply, if the electronic communications operator: 1) until 31 March 2014 to law in the order received and architectural planning task for the construction of ducts or reconstruction, or electronic communications network drive connections in the cities of the Republic; 2) until 2014 December 31 law duly received the task of planning and architecture for the construction of ducts or reconstruction or the transmission in the electronic communications network connections outside the towns of the Republic. " The Parliament adopted the law in 2014 on January 9. The President a. Smith in Riga 2014 on January 24.