Law No. 74 of 12 July 1996 on telecommunications Published PARLIAMENT ISSUING the MONITORUL OFICIAL NR. 156 of 22 July 1996 the Romanian Parliament adopts this law.
Chapter 1 General provisions Article 1 the free flow of information through the emission, transmission or reception of signals, images or sounds transmitted by wire, radio, optical or other electromagnetic systems times telecommunication services, as well as the secrecy and inviolability of telephone calls or other communications made by means of telecommunication are guaranteed by law.
Article 2 the design, installation, maintenance, ownership, interconnection of telecommunications equipment, and the provision of telecommunications services or other activities in this area can be carried out by any natural or legal person empowered, under the present law.
In article 3(1) the services and telecommunications networks will ensure the fulfilment of the requests of users in terms of economic efficiency, in compliance with the technical specifications and standards of quality, in order to develop a harmonized telecommunications infrastructures at the national level. For achievement of this purpose are considered: a) telecommunications services in accordance with the principle of universal service;
(b) in the case of distribution,) the accessibility and quality of services and telecommunications networks for their optimal use by users;
(c) effective competition) telecommunications;
d in the achievement of efficiency), commissioning, providing and interconnection of telecommunications networks and services.
(2) the principle of universal service means the provision of a minimal quality of service, determined at affordable rates throughout the country.
(3) the regulation of telecommunications services and networks the objective of public interest, the economic situation of service providers and telecoms networks, consumer protection, the impact on the telecommunications market, as well as measures relating to public order, national security and defence.
Article 4 (1) of the telecommunications service providers, telecommunications network operators, as well as their employees have an obligation to ensure the confidentiality of any data relating to those who use telecommunications and their conditions of use. Are banned or tapping the communications made by telephone, telegraph or by any other means of telecommunications, and providing information on their content.
(2) Calls or communications made by any means of telecommunication can be intercepted only in cases stipulated by law, by the competent bodies, on the basis of authorisation issued by a prosecutor appointed by the Attorney general or, where appropriate, first Prosecutor's Office near the Court of appeal.
(3) service providers and telecom network operators are required to ensure the confidentiality of the information received, transmitted or emitted by their telecommunications equipment, in accordance with State of the art. Technical regulations concerning the confidentiality of such information shall be determined by the regulatory authority.
(4) service providers and operators of telecommunications networks will require, will store or will use the data to identify users, needed only to emphasize providing services or their networks, if the user has not consented in advance and on other uses of them. Protective measures with respect to such data shall be determined by the regulatory authority.
Article 5 (1) the Ministry of communications, as a specialized body of the central public administration is the regulatory authority provided by this Act.
(2) the regulation of telecommunications activities, and technical regulations referred to in this law shall be drawn up by the regulatory authority, with the other bodies involved, in accordance with the law.
(3) the regulatory authority shall exercise the powers set out in this law by order of the Minister.
(4) Rules and activities in the field of telecommunications shall comply with the decisions of international bodies and organizations, contained in specific treaties to which Romania is a party.
Article 6 of the telecommunications networks and services intended for government interests, public order, national security and defence are regulated by laws specific to those areas.
Article 7 The meaning of this law are defined as follows: a) telecommunications: any transmission, emission or reception of signals, languages, images, sounds or intelligence of any nature by wire, radio, optical or other electromagnetic systems;
b) radio communications: telecommunications by wireless means;
c) telecommunications network: transmission lines and switching devices, which provide connections between several points in order to achieve telecommunications terminals between them, as well as associated facilities;
d) telecommunications network independence: telecommunications network, owned by a single person, natural or legal persons whose sole destination is to satisfy the necessary facilities or services of the owner or a closed user group;
e internal telecommunications network): an independent telecommunications network, located in a single property, without the use of the radio spectrum, public domain, or other property;
Terminal f) points: points of physical connection required for access to the telecommunications network. They are part and parcel of the telecommunications network and must comply with certain technical standards or specificăţii;
g) transmission lines: communication environment used as a guide to artificial continuous telecommunications;
h) terminal equipment: equipment or part of a piece of equipment that connects, directly or indirectly, from a terminal so that allows sending, processing and/or reception of information;
I) essential requirements: requirements that must be met in order to ensure the safety of users and operators of telecommunications networks and protection, in particular, the exchange of information from management and associated command, including, where appropriate, efficient use of the radio spectrum or orbital resources for telecommunications satellites, and the interoperability of services, terminal equipment and protection of information exchanged by users. Interoperability is the ability of their terminal equipment to function properly in the network, as well as with other terminal equipment allowing access to the same service;
j) telecommunications service: providing any kind of telecommunication for a fee;
k) telecommunications service: providing the service telephone or telex/Telegraph surcharge, in so far as they are intended for the public;
l) public operator: legal entity authorized to install and operate a telecommunications network for the purpose of providing telecommunications services to the public;
independent operator): individual or legal entity authorized to install and operate an independent telecommunications network;
n) clause: open network access conditions open to public networks operators and, where appropriate, for public telecommunications services, and their efficient use;
a closed user group): Group-legal persons with the same type of activity and the common economic interest which justify the need for a network of telecommunications;
p) category of users: clients who exhibit the same characteristics and the same traffic requests the use of a telecommunications service;
r) geographic area: comprising several townships.
Chapter 2 the regulation of telecommunications activities section 1 article 8 Licenses (1) operators of public telecommunications service providers, and other providers of telecommunications services, the conditions under which radio spectrum available market or limited competition, conducts these activities only on the basis of a license issued by the regulatory authority.
(2) the licensee referred to in paragraph 1. (1) a person may be legal only Romanian.
Article 9 (1) a license may be issued only for a particular type of network, or for certain types of telecommunications services, as determined by the regulatory authority for:-public operators;
-providers of basic telecommunications services;
-telecommunication service providers for market conditions or the radio spectrum available restricts competition.
(2) the regulatory authority can limit the license service provider of a public telecommunications operator or for specific regions, cities or telecommunication lines.
(3) a legal person may hold one or several licenses of the categories mentioned in paragraph 2. (1) and (4) of the Telecommunications Service which is the subject of a licence is not subject to authorization in accordance with the provisions of art. 26, 27 and 28.
Article 10 (1) the assignment of the licence is done by auction or direct entrustment by the regulatory authority. This determines the number or type of licenses for telecommunication networks or services, it is necessary for the fulfilment of the conditions laid down in article 21. 3.
(2) the assignment of licences by auction or by direct custody is determined by the regulatory authority, building an objective and transparent procedure, with the motivation of the circumstances on which it was based, in the case of the choice of the method of direct entrustment.
(3) for the award by auction, the regulatory authority will notify the public in the local press and the conditions for granting, in compliance with the provisions of art. 11 and 12.
(4) a license may be granted through direct custody in the following situations:-in cases and for some motivated while held exclusive rights for the provision of basic telecommunications services;
-for reasons of standardization or compatibility with existing equipment or technology in the service, or that area, and to ensuring the continuity or the extension service;
-where the auction was presented a single participant.
(5) the regulatory authority will issue the license by taking account of technical, functional efficiency qualification, financial strength, the applicability of the proposal to the applicant, the impact on competition in the telecommunications and other terms and conditions expressly laid down.
Article 11 (1) License is not simply great. It shall be issued for a period of 15 years: a) for telecommunications services and related networks at the national level;
b) 10 years for basic telecommunications services and related networks, local-level or local level;
c) 10 years for other networks and services that are subject to licensing at the national level;
d) 5 years for other networks and services that are subject to license, or at the area level.
(2) Licences may be renewed in accordance with the law.
(3) the regulatory authority shall determine the conditions of the licence pursuant to art. 12, to achieve the objectives referred to in article 1. 3 and 4.
(4) the conditions referred to in the licence may be amended by agreement between the regulator and the licensee, or in the cases referred to in article 1. 5 para. 4. Article 12 (1) the conditions laid down in the license relating to rights and duties of the holder. They may provide for: (a) where the holder) license will ensure that users have access to a network or telecommunications service in the geographical territory as set out in the license, including the phases of development of the network or service and apply the principle of universal service, as appropriate;
(b) the minimum level of quality) that are required to ensure that the licensee;
c) how the licensee will have to guarantee non-discriminatory open access and network services and telecommunications;
d licence holder) rates laid down for the provision of a service or access to a telecommunications network, which requires approval in accordance with the provisions of the regulations on tariffs. 24 and 25;
e) situations in which the regulator approves commercial terms and conditions imposed by the licence holder, in particular those laid down in the contracts with the beneficiaries of the network or telecommunications services;
specificăţiile f) and technical standards, as well as essential requirements on which the license holder must comply during the installation and exploitation of telecommunications networks and services;
g) how the licensee must participate in special conditions, his involvement in measures to be taken in such cases, as well as the measures to be taken in order to ensure normal and safe service;
h) situations where the provision of certain telecommunications services by the holder of the licence may be subject to conditions designed to provide and to maintain effective competition in order to avoid abuse of a dominant position on the market, in accordance with the provisions of art. 33 and 34;
I) cases where the licensee is obliged to interconnect telecommunications network to the network of another holder of the licence or similar networks in other countries.
(2) the regulatory authority shall decide which of the conditions referred to in paragraph 1. (1) will be provided in the license.
(3) the conditions referred to in points. a), b), d) and (g)) are required for holders of a licence for the provision of telecommunications services.
Article 13 the license can be withdrawn partially or totally, permanently or temporarily, by the regulatory authority if the holder is in breach of its obligations under the license or legal provisions concerning confidentiality and inviolability of communication. Measure the revocation shall be taken after prior warning for entry into legality and after checking the license holder's contention reality, not later than 30 days after receipt of the observe.
Article 14 (1) Licenses are issued on the basis of fees that are income to the State budget the amount of licence fees is given in the annex. 1 to this law.
(2) the expenses relating to the activities required for the continuous monitoring of the compliance with the licensing provisions, technical inspection, checking the parameters of quality and protection against perturbatiilor and, where appropriate, monitoring the radio spectrum charges are borne by the owners of licensed specialized body under article 13. 49 para. (1) these rates shall be approved in accordance with the provisions of art. 25, which shall apply accordingly.
(3) the amount of fees referred to in the annex. 1 may be amended by decision of the Government, depending on the evolution of the price index and charges in the economy.
Section 2-the right of access into buildings, premises and other properties in article 15 public Operator network intended for telecommunications services can install, to maintain and to move the transmission lines, and terminals used for the provision of telecommunications services in/on/under or over property, where appropriate, solely under the present law.
Article 16 (1) License Holders, intending to between on any kind of property for the installation or maintenance of transmission lines and the terminal will be agreed in writing with the owner or licensee, all the necessary details, including the place and working methods to be used and the length of time for which the owner cannot perform works which would affect the access to, and proper maintenance of telecommunications facilities or which would require moving them.
(2) the agreement referred to in paragraph 1. (1) concerns only the initial connection to the Subscriber the license holder.
Article 17 (1) In the absence of agreement, given pursuant to article 4. 16, the licensee will broadcast the owner a written notice will specify the venue of activities, working methods, the area of land affected, the obligation to grant redress where justified and right of appeal against the notice, within 15 days from its notification, the regulatory authority.
(2) the notice of opposition will be resolved by the regulatory authority within a period of 30 days, after hearing both parties, duly reasoned decision, being communicated to the parties. Unhappy with the decision, the party may apply to the administrative contentious Court according to law. 29/1990.
(3) the activity licence holder challenged will be suspended until the final resolution of the case.
Article 18 (1) persons empowered by the license holders to carry out the design, installation, maintenance and replacement of the transmission lines, rack or terminal points needed supply of telecommunications services have the right of access in/on/under or above the property, in buildings and premises, for the performance of service duties, based on a written order with the consent of the owners or tenants.
(2) in the absence of the owners or lessees, telecommunications may be carried out pursuant to a final and irrevocable judgments, and in case of emergency, in response to an injunction.
(3) where it is necessary to carry out maintenance work or repairs with urgency in order to prevent serious consequences or removal times imposed by ensuring national security or of public order, persons empowered under paragraph 1. (1) have the right of access in the estate or premises without the permission of the owners or holders, on a Presidential Ordinance. Presidential rule Ordinance not later than 3 days from the date of the application, in the Council Chamber, even without summoning the parties and is enforceable. In cases of extreme emergency, referred to in art. 32 of the law nr. 33/1994, will proceed in consequence.
(4) installation of transmission lines, and rack terminal points in/on/under or above will not affect property ownership or other real rights, and ownership of the equipment installed. In case of the necessity of a change in the operation of a definitive term and the inability of the takeover by purchasing thereof shall apply to the procedure of expropriation for public utility cause with right and prior claims, according to the law.
Installation, maintenance, replacement or moving transmission lines and the terminal will not cause any change in the destination of use of the property, will affect as little as possible the use of the property will change as little as possible the appearance of the property and will be executed in a way that does not endanger the health and safety of people. In the case of installation of several telecommunications networks in the same area, will be used, possible routes and shared facilities, having regard to the objectives referred to in article 1. 3. In article 20 the public Operator, which has licensed the provisions of art. 12(3). (1) (a). the competent authority may require property owners), or holders of other species or plant trees whose branches or roots, or would aggravate difficult installation, maintenance or operation of telecommunications networks, cutting the branches or roots, in compliance with the provisions of art. 16, 17 and 18.
Article 21 (1) the licensee shall be obliged, at his own expense, to reaseze its services for cables used for telecommunications, when this reasezare is required for the construction of buildings or for performing works by the owner of the property, after the agreed expiry pursuant to art. 391. (1) and (2) When there is a need to reassess the cables conducting works by persons other than the owner, the expenses will be borne by them.
Article 22 the licensee the right to install public telephones in the territory provided for in the license to this service, the/on building and the spaces of public domain, with the consent of the owners or their respective authorities.
Article 23 (1) the licensee shall be liable for damages caused to the owners or holders as a result of carrying out the work of installation, maintenance or replacement of transmission lines or the terminal points, as well as for cutting vegetation, pursuant to article. 20. (2) Owners or keepers of the goods affected by the licensee under the terms of paragraph 1. (1) are entitled to a compensation determined by mutual agreement and equivalent to the damage actually produced, as an eventual compensation determined by changing the appearance of the property.
(3) Compensation shall be determined, where appropriate, through transaction or jurisdictional.
Section 3 of article 24 Rates (1) telecommunications services and access to the telecommunications network shall be carried out on the basis of contracts, in return for payment of a fixed rate according to the objectives set out in article 11. 3. (2) the regulatory authority shall ensure that the rates subject to approval under article. 12(3). (1) (a). (d)) to be non-discriminatory and cost-related.
(3) in fixing tariffs shall take account of: a) services costs in the long run, industry-specific;
(b) not to include the additional amounts) as a result of abuse of a dominant position on the market, except in cases duly justified by the objectives listed in article 1. (3);
c) ensuring the best conditions of services for beneficiaries;
(d) to include additional amounts) as provided for in art. 35;
e) ensuring competition in the market and to avoid unfair competition.
(4) Charges are non-discriminatory for the same type of telecommunication service, provided the same categories of users.
(5) pursuant to the provisions of paragraph 1. (1) to (4), the regulatory authority may approve pricing rules or principles, including the size of the changes allowed for telecommunications charges.
Article 25 (1) the charges for license holders of basic telecommunications services shall be approved by the regulatory authority, the governmental authority with powers in the field of prices and tariffs.
(2) for the purposes of achieving the objectives laid down in article 21. 3, the regulatory authority may require that the license holders: a) to make available to the regulatory authority information, statistical data and documents needed for the approval of charges;
b) to carry out, if necessary, separate registration in the accounts, the cost of each task required providing services or operation of telecommunications network.
(3) the decision of the regulatory authority approving the tariffs will be notified of the license holders within 40 days from the date of receipt of the proposal.
(4) the approved Rates will be made public by the license holder at least 15 days prior to application.
Section 4 of the Authorization in article 26 (1) the operator or service provider may be held open telecommunications competition these activities only on the basis of an authorization issued by a regulatory authority.
(2) the authorization referred to in paragraph 1. (1) may be a natural or legal person, branch or the Romanian representatives of foreign legal persons registered in Romania.
(3) Notwithstanding, the internal telecommunications networks, as well as independent networks for which the maximum distance between the terminals is 300 m, which are not connected to the telecommunication networks and does not use radio transmissions in space without artificial-guidance, can operate without the authorization provided for in paragraph 1. 1. Article 27 (1) shall be carried out after authorization procedure established by order of the regulatory authority.
(2) No authorisation is issued when there is evidence of): as telecommunications network or service which is the subject of the request could endanger the safety or health of users or staff; privacy times
b) in radio spectrum management there with available frequencies allocated to the applicant.
Article 28 (1) Authorization is personal and netransmisibila. It shall be issued for a period of up to five years and can be renewed or withdrawn in accordance with the law.
(2) Radio Frequencies necessary for the operation of the network or telecommunications services will be allocated through authorization, in accordance with the law.
(3) The authorization, the regulatory authority will aim at achieving the objectives referred to in article 1. 3, establishing through authorization: a) the rights and obligations in relation to international technical standards and essential safety requirements with users and staff;
b) technical conditions during installation and civil telecommunications networks and services;
c) situations and conditions under which an independent operator can be allowed to conclude agreements on its network interconnection with other telecommunications network operator.
Article 29 (1) an authorization may be withdrawn in whole or in part, either temporarily or permanently, by the regulatory authority if the holder is in breach of the obligations set out therein and the legal provisions relating to privacy and inviolability of communications.
(2) the measure of withdrawal of authorization shall be taken after a prior warning for entry into legality and after checking the authorisation holders contention reality, not later than 30 days after receipt of the observe.
Article 30 (1) shall be issued on the basis of a charge shall be made to the State budget income. The amount of the fees for the authorization referred to in the annex. 2 to this law.
(2) the expenses relating to the activities required for the continuous monitoring of the compliance with the technical provisions of permits, monitoring, checking and quality parameters of protection against perturbatiilor and, where appropriate, monitoring the radio spectrum charges are borne by the owners for authorization by the body provided for in article specialized 49 para. (1) these rates shall be approved in accordance with the provisions of art. 25, which shall apply accordingly.
(3) the amount of fees referred to in the annex. 2 may be amended by decision of the Government, depending on the evolution of the price index and charges in the economy.
Section 5 protection of users Article 31 (1) the regulatory authority shall determine the manner in which the licensee presents models of the contracts concluded with users. Contracts shall be concluded only for telecommunications services required by users.
(2) the rights of users in cases of interruption in the supply of services or access to the network and the liability for damages to the holder of a licence or authorization covered contractual provisions in cap. V aplicindu-it properly.
Article 32 the provisions of art. 25 para. (2), (3) and (4) apply properly and if the terms and conditions of approval laid down in commercial contracts between the licensee and the beneficiaries of the telecommunications services in question.
Article 33 public Operators or providers of telecommunications services must allow competitors access to the network or service, usually in the same technical and financial conditions under which themselves would be users of the network or service in question, if this is a support for other telecommunications services and there are no objective grounds for alleging that prevent access is granted.
(1) public or Operators of telecommunications service providers, which have a dominant position in the telecommunications market, are obliged to observe the regulations for telecommunications networks and services related to open network clause. They can limit access to the network or telecommunications services only in cases justified by essential requirements.
(2) the terms and conditions of business depending on which offers a public service operator, or a provider of telecommunications services, which has a dominant position on the market, must be based on objective criteria, to be transparent and to be made public.
Article 35 (1) license holders is prohibited to subsidize the rates for activities subject to an authorisation or open competition with income from services and networks which have been granted by the license.
(2) the regulatory authority will require all information necessary for verification of compliance with the provisions of paragraphs 1 and 2. (1) and (3) the regulatory authority can request a financial check by an expert, to examine if the holder comply with the principle referred to in paragraph 1. (1) necessary to perform. costs of this verification shall be borne by the holder, if such non-compliance mentioned in paragraph all-round expertise. 1. Article 36 the regulator will warn the licensee or provider of telecommunication services that violate the provisions of art. 33, 34 and 35 para. (1) to take measures for the removal of infringements of the legal provisions, where the respective holder or telecommunications service provider is using its dominant position to discriminate between its competitors.
Article 37 (1) the provisions of this chapter shall be supplemented by the provisions of Competition Law.
(2) conducting investigations and decision-making in the case of infringements of the law can participate in competition and regulatory authority.
Section 6 of the Interconnection and numbering of article 38 (1) the licensee is obliged to interconnect telecommunications network to another network or to similar networks in other countries, under the following conditions: a) to provide for the interconnection of the license in accordance with the provisions of art. 12(3). (1) (a). I);
(b) in the case of interconnection) limitation when this is necessary for compliance with essential requirements;
c) interconnection criteria shall be objective, transparent and be made publicly available.
(2) the regulatory authority will specify by order of the Minister of the mode of application of the conditions above.
(3) the regulatory authority has the right to warn, to referral to the holders affected, on the licensee which does not fulfil the obligations pursuant to paragraph 1 of the interconnection. (1) may establish conditions or interconnection where license holders have not reached an agreement.
Article 39 (1) An independent operator may, with the prior approval of the regulatory authority, to connect, under certain conditions, its own network to telecommunications networks of a holder of a license of another independent operator or similar networks in other countries, if the authorization to be provided that this possibility, according to art. 28 para. (3) (a). c). (2) the approval of the regulatory authority referred to in paragraph 1. (1) specific conditions for interconnection will.
Article 40 (1) License Holders and operators of authorized independent regulatory authority will present a note upon completion of modification or cancellation of any agreement on interconnection, with at least 30 days before the entry into force of this regulation.
(2) the regulatory authority can declare void an agreement on interconnection between license holders, in part or in total, if the agreement is jeopardising the effective competition on the telecommunications market.
(3) the provisions of the preceding paragraph shall be subject to the provisions of article properly. 36. Article 41 (1) the regulatory authority shall carry out the necessary numerotarii planning in telecommunications services for identifying users. She will record the use of numbering, changes in the numbering plan and allocation of numbers or licence holders on providers of telecommunications services.
(2) the regulatory authority can change the national numbering plans in accordance with international agreements and recommendations, as well as in order to guarantee a sufficient availability of numbers. Changes will be made public at least 60 days prior to application.
(3) in administering the numbers will take account of the requirements of the license holders, suppliers of telecommunication services and users, as well as the principles of profitability and effective competition.
Chapter 3 technical regulations Article 42 (1) Only approved terminal equipment may be placed on the market, connected and used in telecommunications networks subject to a licensing or authorization. Another destination terminal equipment may be placed only with explicit warning to users upon login and ban the use in networks.
(2) terminal equipment may be authorized only if it respects the essential requirements as defined in art. 7(b). I). (3) the regulatory authority sets out the procedure for the approval of terminal equipment, including the procedure for technical expertise, and shall, for this purpose, independent testing laboratories.
Article 43 (1) design, installation and maintenance of telecommunication networks, as well as installation, maintenance, or connection of telecommunications equipment may only be performed by persons or bodies. Exception provided for terminal equipment through the building, with the possibility of connecting the user and authorized to do so.
(2) the regulatory authority authorises persons covered by paragraph 1. 1 depending on preparation, professional qualifications and experience.
Article 44 the regulatory authority will verify compliance with the obligations laid down in this Act by persons authorised, pursuant to article 5. 43, and the designated testing labs and can take the necessary measures, including up to the withdrawal.
Article 45 installations that disrupt the normal functioning of telecommunications networks will be provided with the corresponding protection systems, at the expense of the owners of the facilities concerned.
Chapter 4 the regulatory authority in article 46 (1) For carrying out the provisions of this law, the regulatory authority performs functions, exercising competences in implementation of the provisions of article 7. 3 and 4 of the Act, is to oversee the license holders on telecommunications service providers and network operators.
(2) for this purpose, the regulatory authority may require: a) operators or providers of telecommunications services with any information or documents relating to the installation, operation and service quality and telecommunications network;
b) may delegate a person to examine the activity of a licence holder, the telecommunications service provider or an independent operator, for the purpose of verifying compliance with the provisions of the licence or authorization;
c) license holders may be required to develop annual reports on the fulfilment of the provisions of the license.
Article 47 (1) License Holders or authorized service providers will inform in writing the regulatory authority relating to the commencement, change or terminate civil servants a service or telecommunications networks with at least 30 days in advance. The regulator will publish these notes, and the notes referred to in art. 48 para. (1) as a rule twice a year.
(2) in the event of force majeure, provision of information relating to the modification or termination of a service or officers of a telecommunications network will be carried out within 48 hours after the event.
Article 48 (1) in the case of commencement of insolvency proceedings, the liquidator shall inform in writing the regulatory authority about the termination of the activity of the operator or service provider.
(2) acquisition of network or services concerned by the other person can only be made under the present law; the regulatory authority may grant the right to temporary network or services to another person for the benefit of users, during the procedure of judicial liquidation.
Article 49 (1) the regulatory authority can delegate to the General Inspectorate of communications, specialised body with an autonomous status, some overhead costs and functions, with the exception of licensing functions.
(2) the regulatory authority may authorize legal entities to carry out some of its technical functions; 42. (3) Complaints concerning the decisions taken by the technical bodies mentioned in paragraph 1. (1) and (2) shall resolve by the regulatory authority.
Article 50 (1) by order of the Minister of communications to set up telecommunication Advisory Board, consisting of representatives of users, manufacturers of telecommunications equipment, licence holders, authorized operators of telecommunications networks, as well as from technical experts and regulators.
(2) the Advisory Board will make recommendations on telecommunications on their own initiative or at the request of a regulatory authority, with regard to: a) development policy and principles governing the telecommunications sector;
b) contents of licences;
c) treating the information users and operators.
(3) Regulation of the organisation and functioning of the Advisory Council of Telecommunications is approved by order of the Minister of communications.
Article 51 (1) the regulator will publish an annual report on the strategy and its regulations, as well as on the development of telecommunications in Romania, during the previous calendar year. It will also publish any normative act issued on the basis of and pursuant to the present law.
(2) the regulatory authority will publish, as a rule, twice a year, the missing information when forwarding synthesis concerning the situations referred to in article 1. 47 and 49.
Article 52 disputes between the regulatory authority and the holders of a licence or permit in respect of the entitlements established under this law shall be settled according to the law on administrative courts.
Article 53 the Ministry of communications, in its capacity as regulator, participate in the preparation and negotiation of international treaties or agreements in the field of telecommunications.
Chapter 5 Liability and sanctions Article 54 violation this law shall entail disciplinary, administrative, civil or criminal, as appropriate.
Article 55 (1) of the public Operators and providers of telecommunication services shall be responsible to users for actual damages caused by failure to perform or improper performance of the services under the present law.
(2) the period of introduction of complaint is 6 months, calculated from the day of rendering of the service. The resolution of the complaint shall be made not later than 3 months from the date of registration of the complaint.
(3) open competition For services, the introduction of the claim and liability may be established by contract between the operator and the user. Deadlines for introduction of complaint cannot be agreed higher than those referred to in paragraph 1. 2. Article 56 (1) the time for calling in the judgment of the persons referred to in art. 55 paragraph 1. (1) is 6 months.
(2) the time for introducing action counts from the date of receipt of the response to the claim or, where there has been a response to the complaint brought within the period, after the expiry of its settlement.
Article 57 the following acts Constitute offences, if they are not committed in such circumstances that, according to the criminal law, constitute offenses: a) violation of the requirements limiting the license or authorization;
b) practicing category fares referred to in art. 12(3). (1) (a). (d)), the competent authorities not approved;
c) providing telecommunications services by an independent operator without holding the authorization provided for in this law;
d) licence or authorization other operators than those appointed by the regulatory authority;
e) preventing unjustified by the public operator has access to a network or competitors to a telecommunications service;
f) subsidising fares for authorized activities intended for competition with income from regulated services as outlined in art. 35 para. (1);
g) refusal of the holder of the licence unreasonably to interconnect telecommunications network to another;
h) marketing and use of terminal equipment in violation of the provisions of article 7. 42 para. (1);
I) design, installation or maintenance of telecommunications equipment or installation, connecting times for telecommunications equipment maintenance by unauthorized persons;
j) block or disconnect in intentionally, by a user, of telecommunications installations;
k) damage or degradation due to external telecommunications facilities;
l) preventing, through various means, access to public telephone apparatus;
m) connecting the terminal equipment unauthorized lines of telecommunications users;
n) failure to provide protection systems installations where they disrupt the normal functioning of telecommunications networks;
an amendment to the telecommunications facilities), owned by the license holders, and their use in the State in which it has been altered, without the consent of such holders.
Article 58 (1) the Offences provided for in art. 57 fine shall be imposed as follows: (a)) from 100,000 to 1,000,000 lei lei, the white and rosé wines. k and l);)
b) from 200,000 to 2,000,000 lei lei, the white and rosé wines. f), g), (h)),),),),));
c) from 500,000 lei lei the 5,000,000; a), b), c), (d) and (e)).
(2) Offences are found and penalties shall apply to persons authorized by the regulatory authority or by the staff of the competent body empowered by the law of competition, as appropriate.
(3) the penalties shall apply both to individuals and legal ones, after a previous warning for entry into legality.
(4) for the offences mentioned in article 1. 57 lit. a), b), g) and (i)), the regulatory authority may order the withdrawal of the licence or authorization.
(5) goods subject to offences referred to in articles. 57 lit. h) seize and m).
(6) In so far as this law provides otherwise, no offence. 57 are applicable to them the provisions of law No. 32/68 on the establishment and sanctioning of offences, with the exception of art. 25, 26 and 27.
(7) amount of fines may be amended by decision of the Government in the light of the evolution of the price index and charges in the economy.
Chapter 6 transitional and final Provisions Article 59 use of spectrum radio frequencies by the networks and telecommunications equipment will be made by law.
Article 60 provisions of this law shall also apply to telecommunications networks and services intended for audiovisual broadcasting, insofar as they are not governed by the provisions of the law.
Article 61 (1) in the event of disruption of network events or foreclosure of telecommunications services visible, agencies charged with guarding the forests, roads, railways, works of art and others also having taken knowledge of such events, are obliged to notify as soon as the Ministry of communications.
(2) the authorities of local public administration will provide support, within the limits of the powers conferred by the burdens and regulations, the holder of the licence concerned, to restore and ensure normal network officials and telecommunications services.
Article 62 (1) The special conditions such as curfew, State of emergency, mobilizing times of the war, natural disasters or catastrophes, Ministry of communications, in collaboration with the institutions in the field of defence, national security and public order and, where appropriate, with the Ministry of waters, Forests and environmental protection, may order the reorganization of activities conditions of public telecoms, making this decision.
(2) In normal conditions, the Ministry of communications, in collaboration with the institutions referred to in paragraph 1. (1) it will take preparatory steps, in the framework of the telecommunications system in order to ensure safe service.
(3) holders of licence and authorization are required to abide by the measures provided.
Article 63 (1) Licenses for public operators ' networks that provide basic telecommunications services shall be issued by the autonomous public corporations, within one year from the date of entry into force of this law. These licenses will be awarded via direct custody without payment of fees laid down in the annex. 1 for a period of five years, by way of derogation from the provisions of art. 11. (2) where the autonomous administrations that are subject to the provisions of paragraph 1. (1) the company restructures with majority state capital, issued licenses are transferable to the new company, with appropriate modification of the provisions of the license.
(3) the authorisations for independent telecommunications networks, existing at the date of this law, shall be issued in accordance with the requirements of this directive within a period of one year from the date of entry into force of the law.
(4) Licenses and authorizations issued before entry into force of this law will be renewed according to the law, the regulatory authority shall, within one year from the date of entry into force of the law.
Article 64 (1) while held exclusive rights for the provision of telecommunications services, they may liberalize only for rural areas, in accordance with the law. Award of licences for such network operators and service providers will be based.
(2) paragraph 1 shall be covered by the Licenses. (1) will be limited to: (a) only) rural or isolated points in which basic telecommunications services are lacking or are inadequate;
b) only for the period in which to store the exclusive rights reserved.
(3) Licences may be renewed under this law.
By decision of the Government or by the interministerial agreement shall lay down the specific conditions of use, by the telecommunications operators, property belonging to businesses owned by the State.
Article 66 the provisions relating to the prescription of the right of action of this law is complete with the provisions of Decree No. 167/1958 concerning prescription extinctiva which apply accordingly.
Article 67 (1) this law shall enter into force 60 days after its publication in the Official Gazette, within which it will be, by order of the Minister of communications, telecommunications Advisory Council referred to in article 1. 50 para. (1) and (2) the date of entry into force of the present law shall repeal the Decree nr.:- 197/1955 concerning the operation of services of telecommunications and post, part of them telecommunications services;
-art. 3 and 4 of H.C.M. nr. 2.487/69 establishment and sanctioning of violations to laws on the functioning of the services of post and telecommunications;
-any other provisions to the contrary.
This law was passed in the Chamber of Deputies sitting on the commune and Senate of 26 June 1996, in compliance with the provisions of art. 74 para. (1) and of article 23. 76 para. (2) of the Constitution of Romania.
PRESIDENT of the CHAMBER of DEPUTIES ADRIAN NASTASE SENATE PRESIDENT Prof. Dr. OLIVIU GHERMAN Annex 1 LICENSE FEES license fees. 14 are as follows: 1. wired Telecommunications Networks:-1.1. 1.2 national 1,000,000,000 lei. zonal rolei 300,000,000-1.3. local: a) urban rural b 70,000,000 5,000,000 lei lei) 2. Radio communications networks:-2.1. National 100,000,000 lei-2.2. zonal rolei 20,000,000-2.3. local: 5,000,000 lei) of urban rural b 1,000,000 lei) 3. Telecommunications networks VSAT type (small stations of satellite communication):-3.1. Terminal stations 1,000,000 euro/Workstation-3.2. Master stations 10,000,000 Lions 4. Telecommunication services:-4.1. 4.2 national 500,000,000 lei. local/urban 70,000,000 lei-4.3. rural 5,000,000 lei 5. Real estate services:-5.1. National 30,000,000 lei-5.2. regional/local 3,000,000 lei 6. Telecommunication services for market conditions limited competition (other than real estate):-6.1. National 100,000,000 lei-6.2. regional/local TAXES 10,000,000 lei AUTHORIZATION Schedule 2 fees for authorisations under article 4. 30 are as follows: 1. independent telecoms networks:-1.1. National 10,000,000 lei-1.2. 3,000,000 lei area 1.3. 2. local 1,000,000 lei Value-added services for the public:-2.1. 1,000,000 lei-national 2.2. local area/500,000 lei 3. Telecommunications services assigned to a closed user group:-3.1. 3.2 national 2,000,000 lei. zonal rolei 1,000,000-3.3. local-500,000 lei — — — — — — — — — — — — — — — — —