Read the untranslated law here: https://lovdata.no/dokument/NL/lov/2003-07-04-83
The Electronic Communications Act (Act).
LOV-2015-06-19-65 from 10/01/2015
Published in 2003 Booklet 10
Effective 07.25.2003, 01.11.2004
Electronic Communications - e-komle.
Chapter 1. Introductory provisions (§§ 1-1 - 1-5)
Chapter 2. General provisions (§§ 2-1 - 2-15)
Chapter 3. Significant market power (§§ 3 -1 - 3-5)
Chapter 4. access etc.. (§§ 4-1 - 4-14)
Chapter 5. Universal service obligation and special societal obligations (§§ 5-1 - 5-4)
Chapter 6. Spectrum management and orbital slots (§§ 6-1 - 6-7)
Chapter 7. Management of numbers, names and addresses (§§ 7-1 - 7-5)
Chapter 8. Regarding approved equipment, import, sale and use (§§ 8-1 - 8-2)
Chapter 9. Rules of procedure (§§ 9-1 - 9-8)
Chapter 10 Supervision (§§ 10-1 - 10-14)
Chapter 11. Conflict resolution and complaint ( §§ 11.1 - 11.7)
Chapter 12. Administrative charges, fees, expropriation and penalties (§§ 12.1 - 12.4)
Chapter 13. Final provisions (§§ 13-1 - 13 -3)
Ref. EEA Agreement Annex XI. 5cf (Decision 676/2002 / EC) no. 5cg (dir 2002/77 / EC) no. 5cj - 5cm (dir 2002/19 / EC, dir 2002/20 / EC, dir 2002/21 / EC, dir 2002/22 / EC) no. 5ha (dir 2002/58 / EC).
Chapter 1. Introductory provisions
§ 1-1. Purpose The purpose is to ensure individuals throughout the country good, affordable and future-oriented electronic communications services through efficient use of society's resources by facilitating sustainable competition, as well as stimulating industrial development and innovation.
§ 1-2. Subject scope The Act applies to activities related to electronic communications and associated equipment. Management and use of the electromagnetic spectrum and numbers, names and addresses are included. The same applies to all radiation of electromagnetic waves from electronic communications and all inadvertent emission of electromagnetic waves that can interfere with electronic communications. Content services that are billed together with the electronic communication service, covered.
King may by individual or regulations determine what shall be deemed to fall within the scope of the Act.
§ 1-3. Geographic Scope The Act also applies to Norwegian ships and aircraft and for plants and facilities of any kind in connection with petroleum activities on the continental shelf or exploitation of renewable energy resources offshore in ocean energy scope.
King determines the extent to which the law applies to Jan Mayen, the dependencies and Antarctica and sets out the exceptions and special provisions resulting from international agreements to which Norway has acceded to, or which are necessary due to local conditions.
King may limit the Act's geographic scope and lay down the rules on the application of foreign-registered ships in Norwegian territorial waters and foreign-registered aircraft in Norwegian airspace.
§ 1-4. Authority under the Act empowered under the King, and the Ministry of Post and Telecommunications Authority. The King may determine the allocation of functions within the Authority, and may decide that other government agencies or private shall have jurisdiction in limited areas under the law.
§ 1-5. Definitions
Electronic communications: communication using an electronic communications network.
Electronic communications networks, signal transport system that enables the transmission of sound, text, images or other data using electromagnetic signals in open space or cable where radio equipment, switches, other connection and routing equipment, associated equipment or functions, including network elements who are not active.
Electronic communications service: service that wholly or primarily comprises conveyance of signals in electronic communications networks and which are normally provided for remuneration.
Public electronic communications services, electronic communications services available to the public or intended for use by the public.
Public telephone: electronic communications service that directly or indirectly creates and receives national or national and international voice connections using a number or numbers in a national or international telephone numbering plan and which is available to the public or intended for use by the public.
Related service: physical infrastructure and other device or element in relation to an electronic communications network and / or an electronic communications service which enable and / or support or support the provision of electronic communications services via such networks and / or service.
Related service: service related to electronic communications networks and / or electronic communications service which enable and / or support the provision of services via such networks and / or service or have the potential to do so.
Network termination point: connection point between an electronic communications network and terminal equipment.
Radio equipment means a product or part thereof intentionally radiate or receive electromagnetic waves transmitted in free space, with the exception of producers who receive only broadcast.
Harmful interference: interference which puts radio navigation service or other emergency or security in danger or that severely reduces the quality of, interferes or repeatedly interrupts radio communications operated in accordance with established requirements.
Transmission: electronic communications services in the form of permanently established capacity for signal transmission as an input for service production or as transmission between different geographic addresses for end users.
Terminal equipment: a product or part thereof, enabling electronic communication and which is intended for direct or indirect connection to network termination point in an electronic communications network.
Interconnection: function that provides for handling traffic between providers so that end users can communicate with each other and have access to public electronic communications services independently of the provider connection.
User: any natural or legal person that uses an electronic communications network or service for own use or as an input for production of other services.
Retail means any natural or legal person who enters into an agreement on access to electronic communications network or service for own use or hire.
Provider: any natural or legal person that offers others access to electronic communications networks or services.
Collocation: joint use of infrastructure and other related facilities which are or may be used to locate equipment for electronic communications.
Premium rate services: prepaid and postpaid paid content service offered over electronic communications networks and billed together with electronic communications services.
Mobile regulated zone: a limited geographical area where communication in electronic communication networks for use by public mobile communications affected or prevented by legal identitetsfanging and / or jamming.
Identitetsfanging: manipulation of communication in an electronic communications network for use by the public mobile communication by transmitting and receiving radio signals in order to detect the electronic identity of the terminal equipment.
Jamming: active transmission of radio signals in order to prevent certain radio communication systems or parts thereof from working in a limited geographical area.
Chapter 2. General provisions
§ 2-1. Mandatory registration authority may issue regulations on the obligation for providers of electronic communications networks or public electronic communications service if it is necessary to supervise the market.
§ 2-2. Measurement and Quality Providers under a universal service obligation in accordance with § 5-1, first paragraph should measure and report on the quality of networks and services offered to end users.
Authority may require providers of public electronic communications services that are not covered by subsection to measure and report on the quality of service offered to the end user in accordance with the criteria, definitions and measurement methods as determined by the Authority.
Authority may issue regulations on measurement and information.
§ 2-3. Requirements for networks, services, associated equipment and facilities authority may impose requirements for electronic communications networks, services, associated equipment and facilities and the use of standards to ensure interoperability between networks and service quality, efficient utilization of capacity in networks that are used by more providers and to protect life and health or avoid harmful interference.
Authority may issue regulations or individual decisions on matters governed by the first paragraph, including the provider shall implement measures to prevent and limit the amount of mass distributed electronic messages, malignant software and the like.
§ 2-4. Delivery terms and agreement Providers of public electronic communication services to end-users may be required to prepare and publish terms of such an offer and offer retail agreements for public electronic communications services, including prepaid public electronic communications services.
Providers of public telephone services shall at the conclusion, modification or termination of the agreement ensure that the end user is uniquely identified. The bidder shall document the identity checks.
Providers of public electronic communications services shall notify the end user to change or termination of the agreement. Changes in or termination of an agreement at the earliest enter into force one month after notification is sent retail. End user who does not accept new contract terms, can no extra charge terminate the contract with effect from the date the change takes effect. The notification to the end user should be informed of the right to terminate the agreement.
Agreement between providers of public electronic communications services and end-users shall not be binding for a period longer than 12 months. In special cases, it may be agreed longer fixed, but no longer than 24 months. Terms of maturity requires that providers provide the end user an economic advantage. Providers shall gratuitously inform end-users an operator code when the term expires. End user who does not accept new contract terms for subscription agreement with lock, can terminate the agreement under subsection when the change is to the detriment of end users.
Third and fourth paragraphs may be waived in consumer contracts.
Providers of public telephone services shall offer a contract which will expire after 12 months.
Authority may issue regulations on terms and agreement with the end user, including clear identification of the end user.
§ 4.2 a. Must-carry Providers of electronic communications networks and services shall ensure that the end user, unless called party has chosen to limit access from A-subscribers located in specific geographical areas, can be connected to all numbers: | ||
In the national numbering plan, including geographic numbers
In the European number series 3883 (European Telephony Numbering Space (ETNs))
In number series 800 (Universal International Freephone Number (UIFN) (international toll-free number))
In other EEA countries numbering plans, including geographic numbers
Dissemination obligation under paragraph. 2 to 4 shall not apply if disclosure requirement is not technically or economically feasible for providers.
Authority may impose on providers of electronic communications networks or services to block access to numbers or services where there is a violation of the Marketing Control Act section 2 and 3. The Authority may also require providers to withhold relevant interconnection fees or other relevant income.
Authority may issue regulations on the disclosure of conversations under subsection about blocking and penalties under subsection and the dissemination of numbers to and from other international geographic areas than those mentioned in the first paragraph.
§ 2-5. Permitted restrictions on use authority may order providers to implement restrictions in electronic communications networks and services in the interests of national security or other essential public interests.
Provider shall implement the necessary restrictions on use in emergency situations that involve serious threats to life or health, security or public order or danger of sabotage against networks or services.
Providers may immediately disconnect radio and terminal equipment when it is necessary for communications security or network's integrity and if the bidder without delay offer alternative solution. The cost of providing an alternative solution is supported by the provider.
Authority may give an undertaking authorized to refuse connection or to disconnect radio and terminal equipment that does not meet requirements under § 8-1, or which cause harmful interference or serious damage to the network.
Use Restriction resulting from payment defaults does not require permission from the Authority.
In cases other than mentioned in the second, third and fifth paragraphs implementation of restrictions on use permit from the Authority.
Disarming or other restrictions shall be immediately notified to the Authority. Providers who use restriction as mentioned in the fifth paragraph is addressed shall be notified at least one month before the disconnection. Such provider shall immediately notify the affected providers and end users. Authority may in special circumstances inform affected provider and the end user in an appropriate manner about the announced restrictions on use.
Use Restriction pursuant to subsection shall be terminated as soon as the emergency is over, and after the third and fourth paragraphs as soon as the end user establishes that the necessary permits have been granted or illegal radio and terminal equipment is disconnected from the network.
Authority may issue regulations on the use limitations and exceptions to the requirement for approval.
§ 2-6. Calls to emergency services and geographic locating of emergency calls Providers offering retail electronic communications services that allow for making domestic calls to one or more numbers in the national numbering plan should ensure that the end user can make calls to emergency services emergency call services.
Calls to the emergency call service shall be made without consideration and without the use of coins, cards, PIN or other means of access. Numbers to emergency call services shall be displayed and clearly visible in or by publicly accessible terminals for telephone.
Providers as mentioned in the first paragraph and providers of electronic communications networks used for the delivery of services as mentioned in the first paragraph, shall at his own expense ensure that phone, end user name and necessary information for geographic locating of emergency calls transmitted to all calls to emergency services . The same shall apply even if the end user agreement to secret phone or have blocked the display of the calling number on the end-user.
Offeror may be given time-limited exemption from the obligation to provide the necessary information for geographic locating of emergency, called caller.
Authority may issue regulations on calls to emergency services, including the duty to disclose calls using SMS, and the geographical location of emergency calls.
§ 2-7. Protection of communications and data provider shall implement the necessary security measures for the protection of communications and data in separate electronic communications networks and services. At particular risk of security breaches and if security breaches could damage or destroy the data or privacy of a subscriber or user, the provider shall immediately notify the subscriber or user about this.
Notification of subscriber or user under subsection is not required where an undertaking faced a competent authority can demonstrate that adequate technical safeguards are implemented for data covered by the security breach.
Traffic, localization data and data necessary to identify the subscriber or user to be deleted or made anonymous as soon as they are no longer needed:
To communications or billing purposes
To fulfill the obligation under § 2-7 a to store data or
To fulfill other requirements established pursuant to law.
Other processing of such data requires consent of the user. Authority may issue regulations on the protection of communications and data.
§ 2-7 a. Obligation storing data
Solely for the purpose of transmitting communications on an electronic communications network
Who is required to provide an information society by explicit user request.
§ 2-8. Facilitating statutory access to information Providers of electronic communications networks used for public electronic communications services and providers of such services shall operate networks and services so that statutory access to information on end-users and electronic communications ensured.
Offerors operating costs related to the fulfillment of this duty by the State for the additional costs arising from these services.
Authority may issue regulations on the obligation under the first paragraph, including the obligation to store traffic data for a specific period. The Authority may also issue regulations on the provider's claim for reimbursement of costs resulting from the assistance to foreign states to fulfill obligations under agreements to which Norway is a party.
§ 2-9. Confidentiality Providers and installers duty to maintain secrecy about the content of electronic communications and the use of electronic communications, including information on technical devices and procedures. They are obliged to take measures to prevent other than those the information applies to even acquire knowledge of such information. Information may not be beyond legitimate treatment purpose is for own use or in service or work for others, with the exception of statistical information on network traffic that is anonymous and does not provide information on systems or technical solutions.
Confidentiality under subsection also applies to anyone who performs work or services for providers of electronic communications networks or services, installers, technical control body or authority, even after the person has completed the work or service.
Confidentiality obligation shall not preclude the disclosure to prosecutors or police deal based secret telephone or other subscription information, and electronic communication link. The same applies to certificates of court. Professional secrecy is not an obstacle to the information mentioned in subsection given to another authority pursuant to law.
The request of the prosecutor or the police for information as described in the third paragraph shall be complied with unless special circumstances make it inadvisable.
Authority may issue regulations on confidentiality, on exceptions to confidentiality by efficient routing of traffic and the scope of the exception under the third paragraph and the information requirement under the fourth paragraph.
Other statutory confidentiality applies in addition to this section.
§ 2-10. Safety and preparedness Providers shall offer electronic communications networks and services with proper safety for users in peace, crisis and war. Providers shall maintain the necessary preparedness, and important to the community should be prioritized if necessary. The offeror shall convey important message from state authority. Authority may adopt individual to ensure that providers implement measures that provide proper safety and necessary preparedness. Providers shall cover the cost of fulfillment of this.
Authority may adopt individual or enter into agreements that providers should take measures to ensure fulfillment of national requirements for safety, emergency preparedness and functionality in electronic communications networks and services beyond the requirements of the first paragraph. Offerors additional costs upon delivery of such measures should be compensated by the state on the basis of substantiating documentation furnished by the provider.
Offeror may be denied access to the market if this is necessary for reasons of public safety, health or other special circumstances.
Authority may order a provider to partner with other national or international activity when this follows from an international agreement.
Authority may issue regulations on the fulfillment of the obligations under this section, including the financing. The Authority may issue regulations specifying that the provision applies to other than providers.
§ 2-11. Ensuring continuity of supply event of provider bankruptcy etc.. Providers shall make plans that ensure continuity of supply to their own customers for a minimum of two weeks in the event of bankruptcy, the opening of debt negotiation or as a result of suspension of payments. Such plans may include insurance, agreement on cooperation between providers, private unit trust scheme or similar.
Authority shall supervise the plans and to specify the content. Authority may relieve providers of electronic communications networks and services from the requirement to prepare plans.
Provider shall inform the authority of any petition for debt negotiations or bankruptcy that the provider sends to the district court. The District Court shall immediately notify the Authority of debt negotiations or bankruptcy which opens on the supplier.
When the result of the bankruptcy of an undertaking any risk of downtime, the Authority may, in special cases, as far as necessary to ensure users' communications, impose assumption up to two weeks, including the imposition of the estate to take over all or parts of the debtor's current contracts. In assessing whether such order shall be made, shall be taken into account on important public interests will suffer as a result of outages. It shall also be paid to the estate's finances. The same applies if open debt settlement proceedings under the Bankruptcy Act would otherwise lead to outages.
Imposed operating under the fourth paragraph is without impact on the estate's right to choose whether it will enter into debtor agreements after Recovery Act § 7-3 and the estate's liability for Claims Act § 7-4, after the expiry of. Contractual notice and time limits for notice of Claims Act § 7-6, first paragraph does not preclude an order to enter into the current contracts for a period as stated in the fourth paragraph of this section.
Authority may issue regulations on the plans under subsection exemption from the obligation to prepare plans and ensuring continuity of supply in situations as mentioned in the fourth paragraph.
§ 2-12. Common Billed service authority may issue regulations on premium rate services, including the appeals and supervisory arrangements for such services and the financing of such schemes.
§ 2-13. Maritime accounting authorities, providers of clearing and payment for use of electronic communications services from ships (maritime accounting authorities) must register with the authority to conduct clearing and payment for Norwegian vessels.
Authority may issue regulations on the registration of maritime accounting authorities and requirements for the exercise of this, including orders to security for any liability the enterprise may incur during the execution of business, duration and cessation and limitation in the number of businesses that may be registered or approved.
§ 2-14. Installers Providers of installation, maintenance or connection of electronic communications networks or equipment for electronic communications shall be qualified and licensed by the Authority. The same applies to anyone who, for business purposes, performs installation, maintenance or connection for your own use.
Owner and provider of access to electronic communications networks shall use installer as mentioned in the first paragraph of installation, maintenance and connection of networks.
Authority may revoke authorization if in their operations installers do not comply with requirements stipulated in or pursuant to this Act.
Authority may issue regulations on requirements for installers.
§ 2-15. Secret number Offeror shall, on request from the retail offer service secret number.
Authority may issue regulations on the service secret number and in individual cases, relieve providers from the obligation to provide this service.
Chapter 3. Significant market power
§ 3-1. Significant market power A provider has significant market power when the provider individually or jointly with others has economic strength in a relevant market means that the provider may act largely independently of competitors, customers and consumers. Significant market power in one market may lead to a provider has significant market power in a closely related market.
Authority may issue regulations on significant market power.
§ 3-2. Relevant Markets Authority shall define relevant product and service markets and geographical markets in accordance with the EFTA Surveillance Authority's Recommendation on relevant product and service markets within the electronic communications.
Where the Authority defines markets under subsection that deviate from previously defined common European markets, the consultation procedure in § 9-3 followed.
§ 3-3. Market analysis and designation of providers with significant market power authority should carry out market analyzes in accordance with the EFTA Surveillance Authority's guidelines for market analysis and assessment of significant market power in the electronic communications. The Authority will designate, maintain or withdraw designation of providers with significant market power on the basis of market analyzes.
Authority shall notify the market analysis according to the deadlines specified in § 9-3 second paragraph.
Authority may issue regulations on market analyzes.
§ 3-4. Obligations on providers with significant market power provider who has significant market power shall be one or more specific obligations imposed by §§ 4-1, 4-4, 4-5, 4-6, 4-7, 4-8, 4-9 and 4-10.
Authority may in special cases impose on undertakings with significant market power beyond the provisions of §§ 4-1, 4-4, 4-5, 4-6, 4-7, 4-8, 4-9 and 4-10. In such cases, the Commission consulted.
Obligations pursuant to subsections imposed in the individual case shall be appropriate to promote sustainable competition, as well as pave the way for national and international development in the market. The Authority may amend obligations imposed.
Authority may issue regulations on obligations imposed on undertakings with significant market power.
§ 3-5. Voluntary separation of access network provider with significant market power shall inform the authorities if the bidder plans to transfer disposal of all or significant parts of its access network to other ownership or business entity organized in a similar way as in functional separation by § 4-9 a. The tenderer shall also inform authority about changes in such plans and the final outcome of the process.
Notification of planned transfer under subsection shall be provided at a time that gives authorities the opportunity to evaluate the effects of the planned elimination of regulation in the relevant market. The Authority shall carry out market analyzes of the markets affected.
Chapter 4. Access etc..
§ 4-1. Access Authority may order a provider with significant market power to meet any reasonable request to enter into or amend an agreement on access to electronic communications networks and services.
In assessing whether a request is reasonable must be undertaken inter alia an assessment of the provider's interests in managing its own infrastructure against the need to give others the access necessary to offer competing services. In assessing what is necessary will be taken of whether in the light of market developments is technically and commercially possible to install or use competing infrastructure. In assessing whether a request is reasonable account shall also be taken into account:
Provider's investments and investment risks, including possible public support and grant programs
Need to sustain the network's integrity
Intellectual property rights and
Establishment of pan-European services.
Provider with significant market power shall document and justify rejection of a request for access.
Authority may when necessary to ensure end-to-end connectivity, impose any provider access obligations. Such obligations may include an obligation to conclude an agreement. Orders pursuant to this paragraph shall follow the procedures in §§ 9-2 and 9-3.
Authority may issue regulations on access, including for carrier pre-selection and carrier selection using a prefix. The Authority may also provide technical and administrative conditions for access.
§ 4-2. Interconnection Any provider of access to electronic communications networks and services have the right and obligation to negotiate with other providers on interconnection for the provision of public electronic communications services.
Authority may when necessary to ensure end-to-end connectivity, impose any provider interconnection obligations. Such obligations may include an obligation to conclude an agreement. Orders pursuant to this paragraph shall follow the procedures in §§ 9-2 and 9-3.
The Offeror shall, within the areas the provider has significant market power, meet any reasonable request to enter into or amend an agreement on interconnection. In assessing whether a request is reasonable must be weighed against in accordance with § 4-1 second paragraph. Providers with significant market power shall document and justify rejection of a request for interconnection.
Authority may issue regulations on interconnection.
§ 4-3. Access to radio and television providers of conditional access services for digital radio and television shall meet all reasonable requests for access from content providers. The conditions of access should be objective, reasonable and non-discriminatory, based on objective criteria and be publicly available. The bidder shall document and justify rejection of a request for access. The same requirements may be imposed on providers of other features that can restrict access to digital radio and television.
Authority may grant exemptions from the requirement in subsection if a market analysis shows that a provider has significant market power in the relevant market, and access to digital radio and television services is not compromised.
Authority may issue regulations on conditional access services and other features that can restrict access to radio and television, including determining requirements for transmission and reception of digital television services and television programs and impose requirements for holders of intellectual property rights to products and access services.
§ 4-4. Collocation Authority may order a provider who becomes entitled to expropriation under § 12-3 an obligation to give other providers without corresponding rights access to co-location.
Authority may impose any cable own duty to the joint exploitation of cables in building, or to the first concentration or distribution point where this is located outside the building, when duplication of such infrastructure is difficult to implement or are not economically efficient.
Authority can impose a duty to co-location when the need for efficient use of resources, concern for health, safety or other societal considerations indicate that duplication of infrastructure should be avoided.
Authority may order a provider with significant market power an obligation to meet reasonable requests for co-location within the market where the provider has significant market power, where this is appropriate to promote sustainable competition.
Provider with significant market power in the market for the products full and shared access to fixed access network shall offer co-location to other providers on reasonable request for such access.
In assessing whether a request is reasonable under the fourth and fifth paragraphs shall be weighed against in accordance with § 4-1 second paragraph. A provider with significant market power shall document and justify rejection of a request for co-location.
Order following subsections shall follow the procedure in § 9-2.
Authority may order a provider and owner of private electronic communications networks to provide information about the type, availability and location of associated facilities.
Authority may issue regulations on co-location.
§ 4-5. Information and Support Authority may order a provider with significant market power an obligation to meet any reasonable request to provide access to information and support if such access is necessary for the requester to be able to supply competing services. In assessing whether a request is reasonable must be weighed against in accordance with § 4-1 second paragraph.
Provider with significant market power in the market for the products full and shared access to fixed access networks should provide access to information and support.
Authority may issue regulations on access to information and support.
§ 4-6. Publication and reference offer authority may impose on undertakings with significant market power to publish specified information or prepare and publish reference offers for electronic communications networks and services. The obligation to publish specified information may include:
Technical specifications, including interfaces used at network termination points, and which standards that are used
Other terms and conditions for delivery and use.
Authority may require that the offer under subsection sufficiently divided into individual elements with appurtenant terms based on market needs so that the user does not have to accept services, functions or benefits that are not requested.
Provider with significant market power in the market for the products full and shared access to fixed access network shall prepare a reference offer for access to the fixed access network. The offer shall be sufficiently unbundled so that the requester does not pay for services, functions or benefits that are not requested.
Authority may issue directives on where, how and on what terms the information to be made publicly available, as well as impose changes in the offer.
Authority may issue regulations on publication and reference offer.
§ 4-7. Non-discrimination authority may impose on undertakings with significant market power to offer interconnection and access to external providers on non-discriminatory terms.
Authority may impose on undertakings with significant market power to offer interconnection and access to other providers on the same or equivalent terms and of the same or equivalent quality as provided for internal operations, subsidiaries or partnerships.
On request utilization shall be reported to the Authority, cf. § 10-3.
Authority may issue regulations on non-discrimination.
§ 4-8. Structural and accounting separation The Authority may order a provider with significant market power to establish accounting separation between different business areas or between specified activities related to interconnection and access.
Provider that provides access to conditional access systems for digital radio and television shall establish accounting separation between these activities and other activities. If, after market analysis, ref. § 3-3, finds that such an order is not proportionate the obligation for accounting separation is repealed.
Provider with exclusive or special rights in areas other than electronic communications may be required to organize the offer of electronic communications networks used for public electronic communications services and such service accounting separated or into a separate legal entity.
Authority may order a provider who is vertically integrated to publish wholesale prices and internal prices.
Authority may issue directives on what accounting methods and principles shall be used.
Providers shall make financial information available on request, ref. § 10-3.
Authority may issue regulations on structural and accounting separation.
§ 4-9. Price and accounting controls Authority may impose on undertakings with significant market power pricing obligations for access and interconnection in cases where the provider can exploit its market power to the detriment of end users in the market by maintaining a disproportionately high price level or by margin squeezes for competing undertakings.
Authority can impose under subsection specific methods of price control. The Authority may order a provider to document that the prices are in accordance with obligations.
Authority may impose on undertakings referred to in the first paragraph of specific systems for cost accounting. Description of the systems imposed for running cost accounts, including an overview of the main categories for costs and what cost allocation rules are used, shall be made public. Confirmation that the cost accounts are in accordance with the system laid down for cost accounting shall be prepared by an external auditor and published annually.
Authority may issue regulations on price and accounting controls.
§ 4-9 a. Functional separation Authority may impose vertically integrated undertaking with significant market power to impose functional separation if:
There are important and persistent competition problems or market failures at wholesale markets for access products
Appointed duties has not led to sustainable competitive
There is little or no possibility that sustainable infrastructure-based competition will be achieved within a reasonable timeframe and
Functional separation will be the most effective instrument to remedy the competition problems or market failures.
With functional separation means that activities related to relevant access products and services excreted in an operationally independent business unit separate from the provider's other business areas. The separate business unit will offer access products and services to all undertakings, including the vertically integrated provider's other business units, on the same terms, the same deadlines and using the same systems and processes.
Order following subsection shall follow the procedures in §§ 9-2 and 9-3.
Authority may issue regulations on functional separation.
§ 4-10. Regulating retail service When duties under §§ 4-1 to 4-9 and 4-111 will not be sufficient to facilitate sustainable competition, the Authority may impose on undertakings with significant market power in retail markets conditions for the provision of end-user services. Terms may include publication, reference offers, non-discrimination, price and accounting controls and prohibition of unreasonable bundling.
§ 4-11. (Repealed by Act 14 June 2013 no. 54 (ikr. July 1, 2013 acc. Res. 14 June 2013 no. 618).)
§ 4-12. (Repealed by Act 14 June 2013 no. 54 (ikr. July 1, 2013 acc. Res. 14 June 2013 no. 618).)
§ 4-13. Confidentiality access and interconnection Each provider is obliged to keep confidential information received from another provider before, during or after negotiations on access or interconnection agreements. Such information shall not be used within its own operations to other than that the information was provided used when making information.
§ 4-14. International roaming on mobile networks Authority may issue regulations on international roaming in mobile networks, including direct providers price obligations.
Chapter 5. Universal service obligation and special societal obligations
§ 5-1. Universal service obligation Authority may enter into contract with or designate by order one or more providers of electronic communications networks and services to ensure provision of the following mandatory services:
Access to public telephone and digital electronic communications networks across the country
Public pay phones and other access points to the public telephone
Special services to the disabled and other end users with special needs.
Authority may impose further requirements on the content of these obligations under the first paragraph, including the prices to end users, geographic unit prices, quality requirements for the services, quality measurement and information.
Authority may issue regulations on universal service.
§ 5-2. Financing universal service provider when under § 5-1 incurs an unreasonable burden by providing universal service and the provider so requests, the costs can be covered by a financing fund. Offeror must together with the requirement for costs to submit a statement of the net costs of the universal postal services.
Authority may require providers to contribute to the financing of a financing fund. Competitive tendering will be held if universal service is financed through a financing fund.
Authority may issue regulations regarding the calculation of costs of providing universal service, financing fund and obligations for providers of electronic communications networks and services to contribute to the financing fund or otherwise share the cost of providing universal service.
§ 5-3. Special social obligations The Authority may enter into contract with or designate by order one or more providers of electronic communications networks and services to ensure that the following special social obligations:
Benefits emergency and safety (coastal radio) to meet the obligations within the coastal radio coverage that Norway has undertaken through international agreements
Benefits relating to Svalbard.
Additional costs of contracts or orders pursuant to this section shall be borne by the state.
Authority may issue regulations on special societal obligations under the first paragraph.
§ 5-4. Divestment of the access network provider with delivery obligation under § 5-1, first paragraph shall inform the authorities if the bidder plans to transfer disposal of all or significant parts of its access network to another ownership. Providers should also notify authorities about changes in such plans and the final outcome of the process.
Notification of planned transfer under subsection shall be provided at a time that gives the authority the opportunity to assess the impact of the planned divestment of services in accordance with § 5-1, first paragraph. 1
Chapter 6. Spectrum management and orbital slots
§ 6-1. National Frequency Allocation Authority shall establish a national plan for the use of the electromagnetic spectrum. National Frequency Plan will promote efficient use of society's resources and the need to avoid harmful interference and shall be determined within the framework of international agreements to which Norway has acceded.
National Frequency Allocation shall be publicly available.
§ 6-2. Permission to use frequencies of frequencies in the electromagnetic spectrum can not be used without prior approval from the Authority.
Allocation of frequencies will be achieved through open, objective, transparent, non-discriminatory and proportionate procedures. When allocating frequencies should be taken into account efficient use of society's resources through sustainable competition, free movement of services, technology and service neutrality and harmonized use of frequencies.
Authority may set proportionate and non-discriminatory requirements for the choice of technology for electronic communications in order to avoid harmful interference, protect human health, ensure service quality, ensure efficient use of frequencies or to fulfill other general interest objectives as stated in subsection .
Authority may set proportionate and non-discriminatory requirements for what kind of electronic communications services that can be offered on the basis of the frequency resources that are made available.
Authority may, among other things require that an electronic communications service offered delimited frequency band to ensure life and health, frequencies for public policy broadcasting purposes, the effective use of frequencies and to promote social cohesion. In the interests of protecting the emergency and security services, and in special cases for hedging the general interest, the Authority may refuse the use of other than one particular electronic communications service in a particular frequency band.
Authority may refuse authorization pursuant to the first paragraph when considerations stated in the second paragraph.
Authority may issue regulations on the use of frequencies.
Police and National Security Authority shall notify the competent authority without undue delay after the frequencies assigned to others, is adopted. Notice shall specify the frequency, time and place. Authority decides in consultation with the police or National Security Authority and in the case when licensees shall be notified.
Authority may, in exceptional cases upon application grant permission for defense and police to use frequencies assigned to others, for the establishment of mobile regulated zone for training purposes. The permits will be limited in time and granted only for clearly defined space. Permits for defense can only be given to exercises within the Armed permanent training grounds. Licensees shall be notified in advance of the Armed Forces and the police in accordance with such authorization uses frequencies assigned to others.
Authority may grant Correctional Services permission to use frequencies assigned to others for the creation of mobile regulated zone within and adjacent to the prison with a high security level. The Authority shall consult the relevant providers.
Frequency use by subsections to happen in a way that the least possible intervention in the rights arising from already allocated spectrum licenses.
Authority may issue regulations on mobile regulated zone.
§ 6-3. Terms of frequency licenses may be attached to licenses for the use of frequencies in the electromagnetic spectrum. Such conditions may only apply:
Specification of services, network type or technology frequencies to be used for
Effective and efficient use of spectrum
Geographic and demographic coverage
Technical and operational conditions to avoid harmful interference and to limit the risks of electromagnetic radiation
Duration of the license, taking into account sufficient payback for that service
Right to assign permission
Consideration for permission
Individual commitments in accordance with the offer
Obligations under relevant international agreements regarding the use of frequencies
Obligations relating to the trial operation, research and other experimental use of radio frequencies.
Authority may upon application modify technology- or service-specific restrictions, see. Subsection. 1. The Authority may, upon application to remove restrictions on the right to assign permission, ref. No. 6.
§ 6-4. Procedure for limiting the number of spectrum licenses authority may limit the number of permits for use of specific frequencies in the electromagnetic spectrum where necessary to safeguard the interests of users and to facilitate sustainable competition. Limiting the number of spectrum licenses must comply with the following procedure:
Interested will be given an opportunity to comment in accordance with § 9.2
Decision to limit the number of licenses to use frequencies shall be justified and published
Interested parties are invited to apply the vacant frequency licenses.
By the announcement of a limited number of permits the selection criteria shall be objective, transparent, non-discriminatory and proportionate.
Authority may when necessary grant permission to use frequencies for specific charitable purposes, including for use in the emergency service, the Armed Forces and for research purposes without the procedure of the first paragraph applies. Direktetildelte frequency licenses are not transferable under § 6-5. Where the Authority considers that there is no longer need to use direktetildelte frequencies, authorization may be withdrawn.
§ 6-4 a. Frequency licenses to broadcast in frequency bands for national frequency plan is allocated to broadcasting, the Authority without the procedure in § 6-4 first paragraph apply, on objective, transparent and non-discriminatory terms allocate spectrum license to businesses that pursuant to the broadcasting Act §§ 2-1 and 2-2 have access to the establishment and operation of broadcasting facilities.
Spectrum license valid for the same geographical area as the permit granted under the Broadcasting Act. Direktetildelte frequency licenses are not transferable under § 6-5. The Authority may revoke a permit when assigned frequencies no longer used for its intended purpose or if the authorization by the Broadcasting Act lapses.
§ 6-5. Transfer the sale or rental of a license to use frequencies Authority may adopt individual decisions for the holder of a license to use frequencies in the electromagnetic spectrum the right to transfer the license from the sale or rental.
Before the sale takes place, holder inform the Authority of the planned transfer. The Authority may order transfers to be carried in accordance with the procedures laid down, and in a way that helps to ensure competition and harmonized use of frequencies in line with the national frequency plan. The Authority may refuse the sale of frequencies to prevent anticompetitive effect.
Authority shall publish information regarding transfers from the sale of a license to use frequencies in the electromagnetic spectrum.
Holder shall inform the Authority of planned leasing of frequencies that can have significant impact on competition. The Authority may refuse rental of frequencies to prevent anticompetitive effect.
Authority may issue regulations on access to and conditions for transferring the sale and the lease of a license to use frequencies.
§ 6-5 a. Frequency Hamstring Licensees to use frequencies to utilize allocated frequency resources efficiently and in a manner that is not detrimental to competition.
Authority may order the recall, sale or lease of frequencies to prevent anticompetitive effect.
Authority may issue regulations on frequency hoarding.
§ 6-6. Satellite Network On request the authority on open, transparent, objective and non-discriminatory terms conduct registration of satellite networks in the international register.
Authority may issue regulations on the requirements for the request and the registration process.
§ 6-7. Recourse for damage caused by space objects Insofar Norway in accordance with international agreements has paid compensation for damage caused by space objects, the Authority may claim recourse responsible business.
Whoever directly requesting the launch of space objects must provide security through insurance or guarantee of compensation liability that the Norwegian government may incur by international agreements to which Norway has acceded.
Chapter 7. Management of numbers, names and addresses
§ 7-1. Plans for numbers, names and addresses. Permission to use The Authority determines numbering plans and plans for names and addresses for electronic communications networks and services.
Authority may authorize the use of numbers, number series, names and addresses in accordance with the agreed plans. Numbers, number series, names and addresses can not be used without a permit from the authorities.
Authority may designate other public bodies or private entities to administer numbers, names and addresses specifically limited purposes, including addressing databases.
Authority may issue regulations on authorization for the use of numbers, names and addresses, the use of numbering plans and plans for names and addresses, and the specific conditions for designated public body or private who manage numbers, names, addresses the third paragraph.
Competence by subsections also includes private numbers, names and address resources. The prohibition in the second sentence does not include private resources.
§ 7-2. Orders regarding the use of numbers, names and addresses Authority may issue orders to use and transfer of numbers, number series, names and addresses, as well as to adopt plans for numbers, names and addresses.
Authority may issue further regulations on such orders.
§ 7-3. Number portability provider of public electronic communications services shall offer number in terms of provider of cost-oriented prices.
Authority may by individual order the provider to provide compensation to the end user by an undertaking porting or abuse of porting.
Authority may issue regulations on number portability, including laying down obligations for providers of public electronic communication services to offer geographic portability and service portability.
§ 7-4. Number, name and address information Offeror shall continuously report information on the use of numbers, names and addresses and associated end-users to providers of directory inquiries and telephone, ref. § 5-1, first paragraph.
Authority may issue regulations on requirements for the provider's duties and end-users' rights in relation to the inquiry.
§ 7-5. Database Authority may issue directives on the use of databases used in connection with electronic communications and contain information about or related to the number, names or addresses.
Authority may designate an organization to administer such databases.
Authority may issue regulations on the use of databases and on the designation.
Chapter 8. Regarding approved equipment, import, sale and use
§ 8-1. Right to possess, sell and use radio and terminal equipment Radio and terminal equipment covered by international agreements to which Norway has acceded, and that meets requirements pursuant to such agreements may be held, sold and put into service. Such requirements include security requirements for life and health requirements for electromagnetic compatibility, requirements for appropriate use of the electromagnetic spectrum, other requirements in regulations made pursuant to the last paragraph and requirements for procedures and labeling. Spectrum license pursuant to § 6-2 have been granted if necessary.
Possession, sale and use of radio and terminal equipment that is not covered by agreement under subsection requires approved by the authority. The Authority may refuse permission if the equipment does not meet the requirements as stated in the first paragraph. Conditions may be imposed for equipment approval or exceptions from the requirement for approval.
Authority may issue regulations on the requirements and conditions for the sale and use of radio and terminal equipment and for registration of dealers of such equipment. Those registered under the Regulations made pursuant to this paragraph may import radio and terminal equipment even if the requirements of subsections are not met.
§ 8-2. Notified body The Authority may issue regulations on requirements for notified bodies.
Chapter 9. Rules of procedure
§ 9-1. Relationship to the Public Unless otherwise specified applies Administration for consideration of matters under this Act.
§ 9-2. Consultation on individual All interested parties shall be given an opportunity to comment within a reasonable period before an individual decision that can have significant impact on the relevant market. The same applies to decisions by § 4-4 subsections. The hearing does not apply to decisions made pursuant to § 9-3 fourth paragraph or §§ 11-2 and 11-3.
Proposed decisions and statements mentioned in the first paragraph are public, yet, information that is subject to professional secrecy should be exempt from public disclosure. Freedom of Information Act § 12 shall apply accordingly.
This paragraph makes no restriction of duty to the Public Administration Act § 16.
§ 9-3. Consultation Procedure decision in accordance with §§ 3-2, second paragraph, 3-3, 3-4 first paragraph, 4-1, fourth paragraph, and 4-2 second paragraph, may affect trade between Member States, be a reasoned proposal submitted to the Commission for consultation with a view to European harmonization. Commission and other relevant authorities within the EEA may comment on the proposal within a period of one month after the consultation start.
Authority shall submit a reasoned proposal for a new market analysis of the relevant market within three years from the date of current decisions in the market. In special cases, be extended by three years. Deadline for analyzing market not previously notified to the Commission is two years from the EFTA Surveillance Authority has adopted a new Recommendation on relevant markets.
When the proposal defines new markets or designate or withdraw designation of significant market power, and the Commission finds that:
May affect trade between the EEA countries or
May constitute a barrier to trade contrary to the EEA Agreement or
Commission is in serious doubt whether the proposal is in accordance with EEA law
Commission may within three months after the consultation start, require that the proposal be withdrawn.
When the sake of safeguarding competition or safeguard the interests of users needs a quick clarification, may be made without prior consultation. Such decisions shall, after being hit, follow the procedure in subsections. The Authority may amend or rescind the decision in the context of the results of the consultation procedure.
§ 9-4. Processing time for applications for spectrum licenses Application for permission to use frequencies in the electromagnetic spectrum shall be decided without undue delay and no later than six weeks from receipt of application. The processing time can in certain cases be extended to eight months.
For applications that are covered by international legal obligations to coordinate frequencies relative to other countries' use of frequencies, the time limit runs from the time the Authority receives a response to the coordination request.
§ 9-5. Processing time for applications for use of numbers Application for authorization to use numbers that are reserved for special purposes shall be decided without undue delay, and no later than three weeks from the application being received. Processing time for numbers to be allocated by auction or similar may be extended by up to three weeks.
§ 9-6. Exchange of confidential information between the Authority and the competition authorities Notwithstanding the statutory duty of confidentiality the Authority and the competition authorities shall mutually and on request exchange the information required by Article 3 (5) of Directive 2002/21 / EC on a common framework for electronic communications networks and services .
Authority that receives information under subsection shall not without the written consent of the sender Body will provide access to information at the time of the exchange were exempt from public disclosure by the sending agency under the Freedom of Information Act §§ 12, 14, 15 or §§ 20 to 26. The Authority shall not without the consent of the competition authorities, provide access to information as referred to in the competition Act §§ 26 and 27.
§ 9-7. Disclosure of information subject to confidentiality to another authority Notwithstanding the statutory duty of confidentiality the Authority shall disclose information to the Commission when it is submitted a reasoned request and the information is necessary and proportionate for the implementation of the tasks required under the EEA Agreement. The information relates shall be informed of disclosure of confidential information if the information was originally obtained from them.
To fulfill Norway's other obligations under agreements with other states or international organizations, the authorities, notwithstanding the statutory duty of confidentiality, provide the authorities of other states or corresponding bodies in international organizations information necessary to facilitate the enforcement of Norwegian, such State or organization regulation of electronic communications.
By providing information pursuant to subsections authority shall require that information may be passed on with the consent of the Authority and only for the purpose that the agreement encompasses.
Authority may issue regulations on disclosure of information.
§ 9-8. Exceptions to confidentiality authority may, notwithstanding the Public Administration Act § 13 first paragraph. 2 or contractual duty of confidentiality make available information on contractual terms to providers of electronic communications networks or services to the extent necessary to ensure that the requirements for access to electronic communications networks and services being met.
Similarly, information obtained in accordance with § 10-3 made public if this could help promote sustainable competition.
By publication pursuant to subsections shall be given prior written notice shall be given to the undertakings' legitimate interest in protecting trade secrets.
Confidential information on technical devices or solutions should not be published.
Chapter 10 Supervision
§ 10-1. The supervisory authority shall supervise compliance with requirements stipulated in or pursuant to the Act are met. The Authority may use the assistance from others in the performance of audit and may take samples and conduct research and other checks without notice.
Authority may issue regulations on supervision.
§ 10-2. Instruction Access Ministry may order the NPT to deal with matters within the scope of the Act.
The NPT can not be instructed, either generally or in relation to the particular case, the treatment of cases under §§ 3-1 to 3-5, §§ 4-1 to 4-10 and §§ 11-1 to 11-3.
§ 10-3. Information requirement authority may require information necessary for implementation of this Act, decisions made pursuant thereto, or obligations arising from international agreements to which Norway has acceded.
Bidder shall upon request from the authority, provide information, including classified information on electronic communications networks and services, associated facilities and the infrastructure associated with operating and control systems. This includes information about future changes in electronic communications networks and services which may affect the services offered competitors.
The information may be demanded in writing or orally within a specified period. Providers may require justification for the obligation to disclose information.
Confidentiality for providers and installers required by § 2-9, other legislation, order or agreement, it does not preclude disclosure.
Authority may issue regulations on disclosure.
§ 10-4. Participation by supervision The subject of supervision are obliged to ensure that the Authority has unrestricted access to the business and premises with equipment for electronic communications. Necessary documentation shall be made available to the Authority. Proprietor or his representative may be required to be present during the audit.
§ 10-5. Internal control authority may issue orders regarding the establishment or modification of the internal control system to ensure that the requirements laid down in or pursuant to this Act are met. It shall be prepared documentation showing that the requirements for internal control are met. Documentation shall be made available to the Authority.
Authority may issue regulations on internal control and on documentation.
§ 10-6. Order to rectify and change etc. The Authority may issue orders to correct or cease unlawful activities and impose conditions that must be met for your business to be in compliance with requirements established by or pursuant to this Act. Including the authority may order the agreement and whether the terms and conditions of the agreements between providers and between providers and end users.
Authority may implement special measures for violations of the terms of licenses, obligations of a provider with significant market power or obligation for providers of universal service and special social obligations.
Authority may impose measures to prevent radiation that disrupts electronic communications regardless of the type of equipment causing the disturbance. The measures made requiring shall be proportionate based on an overall assessment of the parties' interests and social interests.
Demands for correction or amendment under the first paragraph may be implemented earlier than one month after the licensee has been informed that the relationship is contrary to the requirements established by or pursuant to this Act. The deadline does not apply to claims based on technical deficiencies in equipment and installations. The deadline does not apply to a licensee who has previously acted in violation of the requirements established pursuant to law.
§ 10-7. Coercive fines To ensure that the requirements established pursuant to this Act are met, the Authority may fix a running penalty payment for each day that passes until the illegal activity ceases or orders made under the Act are met.
Authority determines when a fine takes effect. Authority may in special cases reduce or waive fines.
Authority may issue regulations on fines.
§ 10-8. Revocation The Authority may revoke a permit issued pursuant to Chapter 6 and 7 by serious or repeated breach of the terms of the license when given an order pursuant to §§ 10-6 or 10-7 without violating the terms of the permit has expired. The Authority may revoke a permit issued pursuant to Chapter 6 and 7 at the non-payment of fee or charge according to §§ 12-1 and 12-2, and the non-payment of a penalty under § 10-13. The Authority may revoke an amateur radio license when the holder has acted in breach of regulations on radio amateur license.
Authority may revoke a license granted pursuant to Chapters 2 and 8 by serious or repeated breach of the terms of the license when given an order pursuant to § 10-6 without violating the terms of the permit has expired.
All licenses issued pursuant to this Act may be revoked immediately if a breach of conditions poses an immediate and serious threat to health or safety.
§ 10-9. Closing authority may shut electronic communications networks and services and stop the use of radio and terminal equipment when there is no permit required under this Act, when an order pursuant to §§ 10-6 and 10-7 are not met or when continued operation or use may result serious threats to safety of life or health or cause harmful interference. Non-payment of a penalty under § 10-13 may also result in the closure.
Closure may occur without prior notice if the activity may involve serious threats to life, health or safety or cause harmful interference.
Authority may require the assistance of providers that offers others access to electronic communications networks and services, and may require these to effect the closure. The Authority may require the assistance of the police when it is necessary to implement the closure.
§ 10-10. Orders to suspend sales and recall of radio and terminal equipment authority may issue orders to stop sales of radio and terminal equipment and the implementation of measures to revoke equipment which are traded if the use of the equipment could result in threats to safety of life and health or electromagnetic compatibility, involve inappropriate use of the electromagnetic spectrum or conflict with other regulatory requirements established pursuant to § 8-1, third paragraph. Injunction to suspend sales and the implementation of recall measures can be directed to the manufacturer, importer and distributor of radio and terminal equipment.
Authority may prohibit sale of equipment not in accordance with the labeling requirements laid down in regulations pursuant to § 8-1, third paragraph.
§ 10-11. Invalidity An agreement in violation of this Act or with decisions under the Act is invalid between the parties.
Invalidity only applies as far as the duties under this Act have been infringed, unless by the Contracts § 36 would be unreasonable to make the rest of the agreement valid.
§ 10-12. Reimbursement between providers Providers who have paid too high a price in relation to a price obligation laid down in or pursuant to this Act may require the price refunded.
At the request of the legitimate authorities can decide whether repayment of overcharges between providers. In assessing whether the decision should be made for a refund, the Authority shall inter alia take into account the repayment amount and whether it in previous periods for the relevant service has been taken for the low price. Authority decision not to impose a refund can not be appealed.
It shall be calculated interest on the refund claim in accordance with the Late Payments Act. Until delay interest becomes payable, Norges Bank's money market interest rate plus four percent used as interest rate.
§ 10-13. Violation charge Authority may impose on an individual or an entity violation charge if the person, entity or anyone acting on behalf of the firm intentionally or negligently:
Contravenes § 2-2 first paragraph, §§ 2-4 to 2-10, § 2-14, § 3-5, § 4-1, third paragraph, § 4-2, first and third paragraphs, § 4- 3, first paragraph, § 4-4, fifth or sixth paragraph, § 4-5, second paragraph, § 4-6, third paragraph, § 4-7, third paragraph, § 4-8, second or sixth paragraph, § 4-13, § 5 -4, § 2.6, § 6.5 a, § 7-1, second paragraph, § 7-3, first paragraph, § 7-4, first paragraph, § 8-1 or § 10-4
Violates regulations issued pursuant to §§ 2-1 to 2-9, § 2-10, sixth paragraph, 1 §§ 2-12, 2-14, 2-15, §§ 4-1 4-8 , § 4-14, § 1.5, § 2.6, § 6.5, §§ 7-1 to 7-4, § 1.8, § 10-3 or 10-5 §
Violates an individual established pursuant to §§ 2-3 to 2-5, § 2-7a second paragraph, § 2-10, second paragraph, § 4-1, 4-2 second paragraph, § 4-4, first fourth paragraph, § 4-5, first paragraph, § 4-6 first, second or fourth paragraph, § 4-7, first or second paragraph, § 4-8 first, third to fifth paragraphs, §§ 4-9, first paragraph , § 4-10, § 3.5, § 6.2, § 5.6, second paragraph, § 7.2, § 7.5, § 8.1, § 10-3, § 10-4 § 10 -6 or § 10-10
Violates decision made pursuant to § 10-3
Providing incorrect or incomplete information to the authority or
Complicit infringements referred to in Nos. 1 to 5.
In determining overtredelsesgebyrets size, particular emphasis on seriousness of the violation, the violation duration, guilt and the company's turnover. Administrative fines are payable two months after the date of decision. Decisions on violation fines are enforceable by execution. If instituted legal proceedings against the state for reviewing the decision, enforcement is suspended. The court may consider all aspects of the case.
Right to impose a violation charge barred after five years. The deadline is canceled when authorities announce an individual or an entity that he or she is suspected of violation of the Act or decisions made pursuant to the law.
Authority may issue regulations on the calculation of fines.
§ 10-14. Confiscation of equipment Authority may revoke equipment by serious or repeated breach of decisions made pursuant to §§ 10-6 and 10-9.
Forfeiture can occur without prior notice if the use poses an immediate danger to life, health and safety, and it is not likely that other sanctions pursuant to section 10 prevents illegal use. The Authority may require the assistance of the police when it is necessary to carry out the confiscation.
By order of confiscation to be conducted shall be given to whether forfeiture is proportionate. It must especially be taken into account the severity and duration of the unlawful action.
Authority may destroy the confiscated equipment earlier than six months after the decision of confiscation can no longer be appealed, and the decision has not been subject to reversal or judicial scrutiny.
Chapter 11. Conflict resolution and complaint
§ 11-1. Mediation in conflicts between providers In conflicts between providers on obligations imposed by or pursuant to this Act the Authority may request of a party mediate to reach agreement between the parties. The Authority may, after consulting the parties set deadlines and other terms related to the mediation. The Authority may at any time cancel the mediation. Mediation period shall not exceed four months.
Does not preclude legal action before the ordinary courts that a case is brought before the Authority under subsection. Administration Act § 27 b shall not apply.
Authority may issue regulations on mediation.
§ 11-2. Conflict resolution in disputes between providers Disputes between providers concerning rights and obligations under decisions issued pursuant to or pursuant to this Act may by a party be brought before the authority for decision.
Decision on the dispute shall be taken as soon as possible and no later than four months after the case is brought before the Authority. In special cases, the deadline may be extended.
Authority may dispense decision if the conflict can be resolved by other means, see. Eg. § 11-1. Has attempted conflict continued for four months or been broken off without result and the matter has not been brought before the court, the Authority a new request from one party make a decision in the case, cf. The deadline in the second paragraph.
Does not preclude legal action before the ordinary courts that a case is brought before the Authority under subsection. Administration Act § 27 b shall not apply.
Authority may issue regulations on conflict in disputes on individual.
§ 11-3. Conflicts over land boundary disputes on electronic communications networks or services that lie within more than one EEA country jurisdiction, can a party be brought before the authority unless the disputed covered by § 1-2. Disputes under Chapter 8 is not covered by the scheme.
Authority shall cooperate with other involved countries' authorities with a view to resolving the conflict. Authorities may agree to refrain from intervening in conflicts that can be resolved by other means. Suppliers should be notified immediately of the decision.
Have attempts dispute continued for four months or been broken off without result, and the matter has not been brought before a court, the authorities of the involved countries on a new request from one party to cooperate to help resolve the conflict.
Does not preclude legal action before the ordinary courts that a case is brought before the Authority under subsection. Administration Act § 27 b shall not apply.
§ 11-4. The arbitration agreement to settle conflicts on access to electronic communications networks and services through arbitration is only binding when the agreement on arbitration is concluded after the conflict arose.
An arbitration decision does not prevent the Authority from imposing obligations or reaching other decisions pursuant to the Act.
§ 11-5. Consumer Complaints Board for Electronic Communications Consumer Complaints Board shall hear complaints from end-users regarding disputes between end-users and providers of electronic communications services, when the end user is an individual or a small business. Consumer Complaints Board will ensure a fair, just and prompt treatment of such disputes. Tribunal organization and composition shall safeguard the balance between business and consumer interests.
End User may require consideration by any dispute to which the Tribunal is competent, if the end user has a legitimate interest in obtaining the Board's statement on the matter. Providers of electronic communications services covered by the complaints procedure is obliged to allow the Board disputes with retail. The Authority may exempt providers or group of providers from the complaints procedure. While a dispute is considered by the committee, neither party may bring it before the courts.
Consumer Complaints Board's activities shall be funded by the providers of the services covered by the complaints procedure. Unpaid contributions are enforceable by execution.
Authority may in individual decisions or regulations, further provisions on Consumer Complaints, including detailed provisions on funding and which services should be covered by the complaints procedure, and may by regulation specify and refine tribunal expertise.
§ 11-6. Appeals against decisions Ministry decides appeals concerning individual NPT allows the authority or in pursuance of this Act.
The appeal shall be filed with the NPT, cf. Public Administration Act § 32. NPT to make such investigations the appeal, ref. Administration Act § 33. If the conditions for processing the appeal absence should be rejected. If there is no reason to reverse the appeal, the case without undue delay sent to the Ministry.
Ministry shall decide the appeal as soon as proper procedure makes it advisable, cf. Public Administration Act § 33.
Only the Ministry may make the decisions mentioned in the Public Administration Act § 42.
Decisions Ministry makes that appellate can not be appealed to the King unless otherwise provided by the Public Administration Act § 28 subsection.
§ 11-7. Commutation Ministry may overturn decisions made by the NPT in accordance with the Public Administration Act § 35 first paragraph.
Ministry may, except for matters of principle or of major importance for society, cf. Subsection reverse decisions in accordance with the Public Administration Act § 35, third and fifth paragraphs.
In matters of principle or major social importance King in Council may reverse decisions in accordance with the Public Administration Act § 35, third and fifth paragraphs.
Chapter 12. Administrative charges, fees, expropriation and penalties
§ 12-1. Charge the NPT may require a fee to cover costs related to administrative tasks under this Act.
Fee may be imposed on providers of electronic communications networks and services and actors in the markets for equipment for electronic communications. The same applies to those receiving spectrum, numbers, names and address resources.
Order to pay fees shall cover the NPT relevant costs. Costs and revenue side of the NPT budget should be published annually.
Imposition of fines are enforceable by execution.
Authority may issue regulations on fees to the NPT.
§ 12-2. Consideration In order to promote efficient use of resources fees may be required for spectrum, numbers, names and address resources. The compensation may be determined by decision or that the resources allocated by auction or other competitive.
Claims for compensation are enforceable by execution.
Authority may issue regulations on fees, including payment and how the fees shall be collected.
§ 12-3. Expropriation King may issue a decision or give consent for expropriation of ownership or use of real property for the installation of electronic communications networks and equipment for electronic communications.
To protect the public or the interests of users in an appropriate use of resources that are used or may be used for electronic communications, the King may issue a decision or consent to the expropriation of ownership or use of electronic communications networks and equipment for electronic communications. In this context, the King may also adopt or give consent for expropriation of ownership or use of real property used in the operation of electronic communications networks and electronic communications equipment.
Compensation shall be paid for the burden expropriation decision may inflict upon the owner or the right of use. This does not apply if the purpose is to connect the property to electronic communications networks. The compensation is set at the discretion, unless the parties agree. This discretion is guided by the sheriff, the Enforcement Office or police chief with civil justice tasks. The King may still make decisions for the individual case that the judgment should be held as a judicial discretion. This discretion has no delaying effect on the implementation of the expropriation decision.
Owner or usufructuary may require that electronic communications networks and equipment for electronic communications moved or removed from the property if this is necessary for the appropriate utilization of property or usufruct. In case of agreement the requirement shall be determined by appraisement. The same applies to any claims for repayment of funds received under subsection in connection with demands for moving or removal.
Sections in the Act of 23 October 1959 no. 3 relating expropriation of real property shall apply correspondingly insofar as appropriate. The Authority may issue further regulations relating to expropriation under this section may be implemented and the scope.
Special permit is required by the Roads Act for placing electronic communications networks or equipment for electronic communications, under, along or near a public road, when this is provided for in the Roads Act.
§ 12-4. Penalties fines or imprisonment up to six months to anyone who willfully or negligently:
Contravenes § 2-5 second paragraph ref. Paragraph eight, or seventh paragraph, § 2-6 first or second paragraph, §§ 2-7 to 2-9, § 2-13, § 4-7, third paragraph, § 4-8, sixth paragraph or § 2.6, § 7.1 or § 1.8
Violates regulations issued pursuant to § 2-3, §§ 2-7 to 2-9, § 2-10, second and sixth paragraphs, or § 2-13, § 6.2, § 1.7 or § 1.8
Violates an individual established pursuant to § 2-3, § 2-5, first paragraph, § 2-10, second paragraph, § 3-4, § 4-1, 4-2 second paragraph, § 4-4, first fourth paragraph, § 4-5, first paragraph, § 4-6 first, second or fourth paragraph, § 4-7, first or second paragraph, § 4-8, first or third to fifth paragraph, § 4-9, first to third subsection, § 4-10, § 6.2, § 7.1, § 2.7, § 1.8 or § 6.10 or
Providing incorrect or incomplete information to the authority,. § 10-3.
If the purpose of violating § 2-9 is to acquire or other improper gain or perpetrator with this intention otherwise exploits information covered by professional secrecy, imprisonment for up to three years may be imposed.
Chapter 13. Final provisions
§ 13-1. Commencement This Act applies when the King bestemmer.1 King may bring into force individual provisions at different times.
From the same date the Act 23 June 1995 no. 39 on telecommunication (Telecommunications Act) and the Act 25 June 1999. 50 on Standards by transmission of television signals.
§ 13-2. Transitional provisions and regulations under the Telecommunications Act or older Acts in the field of electronic communications in force at the commencement of the Act shall continue to apply. This includes the continuance of obligations imposed on undertakings with significant market power on the authority or pursuant to law, until market analysis is carried out and new individual under this Act is implemented. If necessary the authorities decision to remove obligations from providers with significant market power.
National frequency plans and national numbering plans that are made pursuant to the Telecommunications Act or telegraph law and in force at the commencement of the Act continued.
Complaints under consideration by appeal bodies when the law comes into force shall be dealt with under this Act. Mediation that has commenced when the Act comes into force following the rules of the Telecommunications Act.
§ 13-3. Amendments to other Acts From the time the law comes into force, the following amendments to other Acts - - -
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