Key Benefits:
Decision of 17 July 2012 laying down the procedure for the renewal of licences as referred to in Article 20.2 of the Telecommunications Act for the purpose of service continuity ('continuity mobile ') telecommunications services)
We Beatrix, at the grace of God, Queen of the Netherlands, Princess of Orange-Nassau, etc. etc. etc.
On the nomination of Our Minister for Economic Affairs, Agriculture and Innovation of 9 May 2012, no. WJZ/12046260;
Having regard to the Articles 3.3, ninth and eleventh members , 3.5 and 18.12 of the Telecommunication Act and Article 20.2 of the Telecommunication Act in conjunction with Article 13k of the Law on Telecommunications;
The Department for the Advisory Board of the State heard (opinion of 31 May 2012, No W15.12.0158/IV);
Having regard to the further report by Our Minister for Economic Affairs, Agriculture and Innovation dated 16 July 2012, No WJZ/12078478;
Have found good and understand:
1 If there are circumstances surrounding a procedure of licensing circumstances requiring that in the judgment of Our Minister of Economic Affairs, Agriculture and Innovation, our Minister may decide to grant an authorisation as referred to in Article 4 (2). Article 20.2 of the Telecommunication Act may be extended for a period to be determined by Our Minister in order to prevent the continuity of service from being jeoparable.
2 In case a permit is renewed, the regulations and restrictions attached to the permit may be amended and new regulations and restrictions may be added to the permit, including the requirement specified in Article 16, third paragraph, of the Frequency Decision . Where the regulation referred to in Article 16, third paragraph, of the Frequency Act is added, Article 16, fourth and fifth paragraph, of the Frequency Decision shall apply mutatis mutandis. The amendments and additions referred to in the first sentence may enter into force on a date earlier than the date of expiry of the authorization to be extended.
3 Our Minister makes the decision on the prolongation of the licence, known in the Official Gazette, as well as, to the extent that it is reasonably possible, the rules and restrictions which will be attached to the authorization in the event of renewal. Our Minister shall inform the holder of an extendable permit of his decision.
4 An application for renewal shall be made within a period to be determined by ministerial arrangement. In the case of ministerial arrangements, detailed rules may be laid down for the extension procedure.
5 Licences for which an extension has been made in accordance with or pursuant to the first and fourth extensions, and not on the basis of the Article 4: 5 of the General Administrative Law Act are extended beyond treatment. Notice of this extension shall be given in the Official Journal.
The Decision of the Mobile Telecommunications Licensing shall be withdrawn.
This Decision shall enter into force on a date to be determined by Royal Decree and shall expire on a date to be determined by Royal Decree.
This decision is cited as: Decree-Law on mobile telecommunications services.
Charges and orders that this Decision will be placed in the Official Journal by means of the note of explanatory note accompanying it.
Tavarnelle, 17 July 2012
Beatrix
The Minister for Economic Affairs, Agriculture and Innovation,
M. J. M. Verhagen
Published the 27th July 2012The Secretary of State for Security and Justice,
F. Teeven