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Law No. 74 Of 12 July 1996 On Telecommunications

Original Language Title:  LEGEA Nr. 74 din 12 iulie 1996 privind telecomunicaţiile

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LAW No 74 of 12 July 1996 on telecommunications
ISSUER PARLIAMENT
Published in OFFICIAL MONITOR NO. 156 of 22 July 1996



The Romanian Parliament adopts this law + Chapter 1 General provisions + Article 1 Free movement of information by emission, transmission or reception of signals, images or sounds by wire, radio, optical or other electromagnetic systems or telecommunication services, as well as the secrecy and inviolability of calls telephone or other communications made by means of telecommunications are guaranteed by law. + Article 2 The design, installation, maintenance, possession, interconnection of telecommunications equipment, as well as the provision of telecommunications services or other activities in this field may be carried out by any natural or legal person empowered, under the present law. + Article 3 (1) Telecommunication services and networks will ensure the satisfaction of users ' requests in conditions of economic efficiency, in compliance with quality specifications and technical standards, in order to develop an infrastructure Harmonised telecommunications at national level. In order to achieve this aim, the following are: a) the provision of basic telecommunications services in accordance with the principle of universal service; b) measures regarding the distribution, accessibility and quality of telecommunications services and networks for their use in optimal conditions by users; c) effective competition in the field of telecommunications; d) efficiency in the realization, commissioning, supply and interconnection of telecommunications networks and services. (2) The principle of universal service is the provision of a minimum set of quality services, determined, at affordable rates, throughout the country. (3) The regulation of telecommunications services and networks is aimed at the public interest, the economic situation of service providers and telecommunications networks, consumer protection, the impact on the telecommunications market, and measures on public policy, safety and national defence. + Article 4 (1) Telecommunication service providers, telecom network operators as well as their employees are required to ensure the confidentiality of any data relating to those using telecommunications and their conditions of Usage. Interception of calls or communications made by telephone, telegraph or by any other means of telecommunications and the provision of information on their content shall be prohibited. (2) The conversations or communications made by any means of telecommunications may be intercepted only in the cases provided by law, by the law enforcement bodies, on the basis of the authorization act issued by a prosecutor appointed by the prosecutor general of Romania or, as the case may be, the first prosecutor of the Prosecutor's Office of the Court of Appeal (3) The service providers and telecommunications network operators are required to ensure the confidentiality of the information issued, transmitted or received through their telecommunications equipment, in accordance with the existing technological stage. The technical regulations concerning the confidentiality of such information shall be established by the regulatory authority. (4) Service providers and telecommunication network operators will request, store or use user identification data, necessary only for the bookkeeping of the provision of their services or networks, if the user has not agreed in advance and on other uses thereof. The protection measures concerning such data shall be established 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 for by this Law. (2) The regulation of telecommunications activities, as well as the technical regulations provided for in this Law, shall be elaborated by the regulatory authority, with the opinion of other bodies involved, under the law. (3) The regulatory authority shall exercise its powers of this law by order of the Minister. (4) Regulations and activities in the field of telecommunications must comply with the decisions of the specific international bodies and organizations, contained in the treaties to which Romania is a party. + Article 6 Telecommunications networks and services intended for governmental interests, public order, national security and defence shall be governed by laws specific to these areas. + Article 7 The acceptance of this law is defined: a) telecommunications: any emission, transmission or reception of signals, languages, images, sounds or information of any kind by wire, radio system, optical or other electromagnetic systems; b) radiocommunications: telecommunications via radio waves; c) telecommunication network: all transmission lines and switching devices, which provide connections between several terminal points for the realization of telecommunications between them, as well as the associated facilities required; d) independent telecommunications network: telecommunication network, property of a single natural person or legal persons whose sole destination is the satisfaction of services or facilities necessary for its owner or a closed group of users; e) internal telecommunications network: independent telecommunications network located in one property, without using the radio spectrum, public domain or other property; f) terminal points: the physical connection points required for access to the telecommunications network. They are an integral part of the telecommunications network and must meet technical specifications or standards; g) transmission lines: the communication medium used as a continuous artificial guide for telecommunications; h) terminal equipment: equipment or part of an equipment which connects, directly or indirectly, to a terminal point, so that it allows the transmission, processing and/or reception of information; i) essential requirements: the requirements to be met in order to guarantee the safety of users and the staff of telecommunications operators, the protection of networks and, in particular, the exchange of information from management and associated order including, where appropriate, the efficient use of radio spectrum or orbital resources for telecommunications satellites, as well as interoperability of services of the same kind, terminal equipment and information protection circulated by users. The interoperability of terminal equipment is their ability to function properly on the network, as well as with other terminal equipment that allows access to the same service; j) telecommunication service: providing any type of telecommunications for a fee; k) basic telecommunications service: provision of telephone or telegraph service/telex for a fee, insofar as they are intended for the public; l) public operator: legal person authorized to install and operate a telecommunications network for the purpose of providing telecommunications services to the public; m) independent operator: natural person or legal person authorized to install and operate an independent telecommunications network; n) the open network clause: the whole of the conditions for open access to the networks of public operators and, where applicable, telecommunications services to the public and their efficient use; o) closed group of users: group of users-legal entities with the same type of basic activity and common economic interests, justifying the need for a telecommunications network; p) category of users: customers who present the same traffic characteristics and the same requests for the use of a telecommunications service; r) zone: geographical space comprising several localities. + Chapter 2 Regulation of telecommunications activities + Section 1 Licences + Article 8 (1) Public operators, basic telecommunications service providers, as well as providers of other telecommunications services, when the market or radio spectrum available limits competition, carries out these activities only based on the licence issued by the regulatory authority. (2) Beneficiary of the license provided in par. (1) may be only a Romanian legal person. + Article 9 ((. The licence shall be issued only for a particular type of network or for certain types of telecommunications services, determined by the regulatory authority for: -public operators; -basic telecommunications service providers; -telecommunications service providers for which market conditions or available radio spectrum limit competition. (2) The regulatory authority may limit the licence of a telecommunications service provider or a public operator for certain regions, cities or telecommunication lines. (. A legal person may hold one or more licences of the categories referred to in paragraph 1. ((1). (4) The telecommunications service subject to a license shall not be subject to authorization in accordance with the provisions of art. 26 26, 27 and 28. + Article 10 (. The award of the licence shall be made by auction or direct entrustment by the regulatory authority. It determines the number or type of licences for telecommunications networks or services, necessary for the fulfilment of the conditions laid down in art. 3. (2) The way of awarding licences by auction or by direct entrustment shall be determined by the regulatory authority, ensuring an objective and transparent procedure, with the reasoning of the circumstances on which it was based in the case of election. the method of direct custody. (3) For the award by tender, the regulatory authority shall publicly announce, in the local and central press, the conditions for granting, in compliance with the provisions of art. 11 11 and 12. (4) The license may be assigned, by direct entrustment in the following situations: -in the cases and for the period of motivated retention of exclusive rights reserved for the provision of basic telecommunications services; -for reasons of standardisation or compatibility with equipment or technology already existing in the service, network or area concerned, and for ensuring continuity or extension of the service; --where only one participant has been presented at the auction. (5) The regulatory authority will issue the licence taking into account technical qualification, functional efficiency, financial capacity, applicability of the applicant's proposal, the impact on the telecommunications competition and other expressly established conditions. + Article 11 ((1) The licence shall not be transferable. It shall be issued for a period of: a) 15 years for basic telecommunications services and related networks at national level; b) 10 years for basic telecommunications services and related networks, at local or local level; c) 10 years for the other services and networks subject to licences, at national level; d) 5 years for the other services and networks subject to licenses, at the zonal or local level. (2) Licences may be renewed under the law. (3) The regulatory authority shall determine the conditions of the licence in accordance with Article 12, in order to meet the objectives provided in art. 3 3 and 4. (4) The conditions set out in the licences may be amended by agreement between the regulatory authority and the licence holder or in the situations referred to in art. 5 5 para. ((4). + Article 12 (1) The conditions set out in the licence concern the rights and duties of the They may provide for: a) the situations in which the licence holder will guarantee the access of users to a network or telecommunication service in the geographical territory provided for in the licence, including the phases of network or service development and the application of the universal service, as appropriate; b) the minimum level of quality to be provided by the licence holder; c) how the licence holder will have to guarantee open and non-discriminatory access to its telecommunications services and network; d) the rates of the license holder provided for the provision of a service or access to a telecommunications network, which requires approval in accordance with the provisions of the regulations for tariffs provided in art. 24 24 and 25; e) the situations in which the regulatory authority approves the terms and conditions of trade applied by the licence holder, in particular those provided for in contracts with the beneficiaries of the network or telecommunications services; f) the technical specifications and standards, as well as the essential requirements which the licence holder must comply with during the installation and operation of telecommunications networks and services; g) the way in which the licence holder must attend the service under special conditions, his involvement in taking the measures in such cases, as well as the measures to be taken in normal situations to ensure the service and in conditions Special; h) situations in which the provision of certain telecommunications services by the licence holder may be subject to conditions intended to provide and maintain effective competition, in order to avoid abuse of dominant position on the market, according to Art. 33 33 and 34; i) the cases in which the licence holder is obliged to interconnect his telecommunications network to the network of another licence holder or similar networks in other countries. (2) The regulatory authority decides which of the conditions listed in par. (1) will be provided in the license. (3) The conditions laid down in subparagraph a), b), d) and g) are mandatory for licence holders for the provision of basic telecommunications services. + Article 13 The license may be partially or totally withdrawn, temporarily or permanently, by the regulatory authority, if the holder violates the obligations provided for in the license or the legal provisions regarding the confidentiality and inviolability of the communication. The measure of withdrawal of the license is taken after a prior warning for the entry into law and after verifying the reality of the claims of the license holder, communicated no later than 30 days after the receipt of the warning. + Article 14 (1) The licenses shall be issued on the basis of taxes that are made to the state budget. The amount of licence fees is set out in Annex no. 1 to the present law. ((2) Expenditure on activities necessary for the permanent control of compliance with the provisions of licences, associated technical control, verification of quality parameters and protection against disturbances and, where appropriate, monitoring of spectrum radioelectric are borne from the tariffs charged from the license holders by the specialized body provided in art. 49 49 para. ((1). These tariffs are approved according to art. 25 25, which shall apply accordingly. (3) The amount of duties set out in Annex no 1 will be able to be modified by Government decision, depending on the evolution of the price index and tariffs in the economy. + Section 2 Right of access to buildings, premises and other properties + Article 15 The public network operator intended for telecommunications services may install, maintain and move transmission lines, their supports and terminal points used for the provision of telecommunications services in/pe/under or above the property, as the case may be, only under the conditions + Article 16 (1) The license holders, who intend to enter any kind of property for the installation or maintenance of transmission lines and terminal points, will agree, in writing, with the owner or the holder, all the necessary details, including the place and working methods to be used and the length of time in which the owner cannot carry out works that would affect the access and good maintenance of telecommunications facilities or which would require their relocation. (2) The agreement provided in par. ((1) only concerns the initial connection of the subscriber to the licence holder's network. + Article 17 (1) In the absence of the agreement under art. 16, the license holder will submit to the owner a written notification specifying the place of business, the working methods, the affected land area, the obligation to grant compensation if it is justified and the right challenging the notification, within 15 days of its communication, to the regulatory authority. (2) The appeal will be settled by the regulatory authority within 30 days, after hearing both parties, the decision, thoroughly motivated, being communicated to the parties. Against the decision, the dissatisfied party can appeal to the administrative court according to Law no. 29/1990 29/1990. (3) The contested activity of the license holder will be suspended until the final settlement of the case. + Article 18 (1) Persons empowered by license holders to carry out activities of design, installation, maintenance and replacement of transmission lines, their supports or terminal points necessary for the provision of telecommunications services have the right of access to/on/under or above the property, in buildings and premises, for the performance of their duties, on the basis of a written order, with the consent of the owners or tenants. (2) In the absence of the agreement of the owners or tenants, the telecommunications works may be carried out pursuant to a final and irrevocable court decision, and in case of emergency, on the basis of an injunction. ((3) If it is necessary to carry out maintenance or repair works of an emergency nature to prevent or eliminate serious consequences or imposed by ensuring national security or public order, persons authorized according to par. (1) have the right of access to buildings or premises without the permission of the owners or holders, on the basis of an injunction. The injunction shall be pronounced no later than 3 days from the date of the request, in the council chamber, even without the citation of the parties, and shall be enforceable In cases of extreme urgency, provided in art. 32 32 of Law no. 33/1994, will proceed accordingly. (4) The installation of transmission lines, supports and terminal points in/pe/under or above the property shall not affect the ownership or other real rights, as well as the ownership of the installed equipment. In the event of the need to permanently modify the use of a term and the impossibility of taking over by buying it, the expropriation procedure for public utility cases with the right and prior compensation is applied, according to the law. + Article 19 Installing, maintaining, replacing or moving transmission lines and terminal points 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 possible the exterior appearance of the property and will be executed in a manner in which it does not endanger the health and safety of the people. In the case of the installation of several telecommunications networks in the same area, common routes and facilities will be used, as far as possible, in view of the objectives referred to in art. 3. + Article 20 The public operator, which has the provisions of art. 12 12 para. ((1) lit. a), may require owners or keepers of trees or other plant species whose branches or roots make it difficult or would make it difficult to install, maintain or operate telecommunications networks, cut branches or roots, in compliance with art. 16 16, 17 and 18. + Article 21 (1) The licence holder shall be obliged, at his own expense, to reestablish the cables used for his telecommunications services, when this retrenchment is necessary for the construction of buildings or for carrying out works by the owner of the property, after the expiry of the agreed period 16 16 para. ((1). (2) When the retrenchment of the cables is necessary to carry out works by persons other than the owner, the expenses will be borne by them. + Article 22 The license holder has the right to install public telephone stations, on the territory provided for in his license for this service, in/on buildings and in public domain spaces, with the consent of the respective owners or authorities. + Article 23 (1) The licence holder shall be liable for damages caused to owners or holders as a result of carrying out installation, maintenance or replacement of transmission lines or terminal points, as well as for cutting vegetation under the conditions of art. 20. (2) The owners or holders of the goods affected by the license holder under par. ((1) are entitled to an indemnity established by mutual agreement and equivalent to the damage actually produced, as an eventual compensation determined by the modification of the external appearance of the property. ((. Compensation shall be determined, where appropriate, by transaction or by way of jurisdiction. + Section 3 Tariffs + Article 24 (1) Telecommunication services and access to the telecommunications network shall be carried out, on the basis of contracts, in exchange for the collection of a tariff established according to the objectives referred to in art. 3. (2) The regulatory authority shall monitor that the tariffs subject to approval in accordance with 12 12 para. ((1) lit. d) be non-discriminatory and cost-related. (3) When setting the tariffs, the following shall be considered: a) covering the costs of the services carried out, in the long term, b) non-inclusion of additional amounts, as a result of abuse of dominant position on the market, except in cases justified by the objectives referred to in art. 3 3; c) ensuring in the best conditions of services for beneficiaries; d) not including additional amounts according to the provisions of art. 35 35; e) ensuring competition on the market and avoiding unfair competition. (4) The tariffs are non-discriminatory for the same type of telecommunications service provided to the same category of users. (5) For the application of the provisions of para. ((1)-(4), the regulatory authority may approve rules or pricing principles, including the size of changes allowed for telecommunications tariffs. + Article 25 (1) The tariffs charged by the license holders for basic telecommunications services shall be approved by the regulatory authority, with the opinion of the governmental authority with powers in the field of prices and tariffs. (2) In order to achieve the objectives provided in art. 3, the regulatory authority may order that the licence holders: a) to provide the regulatory authority with the information, statistical data and documents necessary for the approval of tariffs; b) carry out, as the case may be, the distinct recording, in the bookkeeping, of the costs on each activity necessary to provide the services or operation of the telecommunications (3) The decision of the regulatory authority on the approval of the tariffs will be communicated to the license holders within 40 days from the date of receipt of the proposal. (4) The approved tariffs will be made public by the license holder at least 15 days before the application. + Section 4 Authorisations + Article 26 (. The independent operator or the telecommunications service provider open to the competition may carry out these activities only on the basis of an authorisation issued by the regulatory authority. (2) Beneficiary of the authorization provided in par. (1) may be a Romanian natural or legal person, branches or representatives of foreign legal entities registered in Romania. (3) By way of exception, internal telecommunications networks as well as independent networks for which the maximum distance between terminal points is 300 m, which are not connected to telecommunications networks and do not use radio transmissions in space-without artificial guidance-, can operate without the authorization provided in par. ((1). + Article 27 (. The issuance of the authorization shall be carried out after the procedure established by the order by the regulatory authority. (. No authorisations shall be issued when: a) there is evidence that the service or telecommunications network subject to the request endangers the security or health of users or staff or the confidentiality of communications; b) in the management of the radio spectrum there are no available frequencies which may be allocated to the + Article 28 (. The authorization shall be personal and non-transferable. It shall be issued for up to 5 years and may be renewed or withdrawn under the law. (2) The radio frequencies necessary for the operation of the telecommunications network or services will be allocated by authorization, according to the law. (3) Upon issuing the authorization, the regulatory authority shall pursue the objectives set out in art. 3, establishing by authorization: a) rights and obligations in relation to international technical standards in the field and the essential requirements for the security of users and personnel; b) technical conditions during the installation and operation of telecommunications networks and services; c) the situations and conditions under which an independent operator may be allowed to enter into agreements on the interconnection of its network with the telecommunications network of another operator. + Article 29 (1) The authorization may be partially or totally withdrawn, temporarily or permanently, by the regulatory authority, if the holder violates the obligations provided therein and the legal provisions on confidentiality and inviolability of communications. (2) The measure of withdrawal of the authorization shall be taken after the prior warning for entry into law and after verifying the reality of the claims of the holders of authorization, communicated no later than 30 days after the receipt of the warning. + Article 30 (1) The authorization shall be issued on the basis of a fee that is made to the state budget. The amount of authorisation fees is set out in Annex no. 2 to the present law. ((2) Expenditure on activities necessary for the permanent control of compliance with the provisions of authorisations, associated technical control, verification of quality parameters and protection against disturbances and, where appropriate, monitoring the radio spectrum shall be borne from the charges levied from the authorisation holders by the specialised body referred to in Article 1. 49 49 para. ((1). These tariffs are approved according to art. 25 25, which shall apply accordingly. (3) The amount of duties set out in Annex no 2 can be modified by Government decision, depending on the evolution of the price index and tariffs in the economy. + Section 5-a User protection + Article 31 (. The regulatory authority shall determine the manner in which the licence holder presents the models of the contracts which he concludes with the users. Contracts shall only be concluded for the telecommunications services requested by the users. (2) The rights of users in cases of interruption of the provision of services or access to the network and liability for damages to the holder of the license or authorization are contractually regulated, the provisions laid down in the head. V applying properly. + Article 32 Art. 25 25 para. ((2), (3) and (4) shall also apply accordingly to the approval of the terms and conditions of trade established in the contracts between the licence holder and the beneficiaries of the respective telecommunications services. + Article 33 Public operators or telecommunication service providers must allow competitors access to the network or a service, as a rule under the same technical and financial conditions in which they themselves would be users of the network or service respectively, if this is a support for offering other telecommunications services and there are no good objective reasons to prevent access. + Article 34 (1) Public operators or telecommunications service providers, who have a dominant position in the telecommunications market, are obliged to comply with the regulations for telecommunications networks and services relating to the open network clause. They may limit access to the network or telecommunication services only in justified cases of compliance with the essential requirements. (2) The terms and conditions of trade according to which services are offered by a public operator or a telecommunications service provider, which has a dominant market position, must be based on objective criteria, be transparent and be made public. + Article 35 (1) It is prohibited to license holders to subsidize tariffs for activities subject to an authorization or open to competition with the income obtained from the services and networks granted to them by license. (2) The regulatory authority shall require all the necessary data to verify compliance with the provisions of paragraph ((1). (. The regulatory authority may require a financial verification by an authorised expert to examine whether the holder complies with the principle referred to in paragraph 1. ((1). The expenses necessary for carrying out this verification will be borne by the holder, if the expertise finds non-compliance with ((1). + Article 36 The regulatory authority will warn the license holder or the telecommunications service provider that violates the provisions of art. 33, 34 and 35 para. ((1) take measures to remove the violation of legal provisions, if the respective license holder or telecommunications service provider uses its dominant position to practice discriminations between its competitors. + Article 37 (1) The provisions of this chapter shall be supplemented by the provisions of the Competition (2) When conducting investigations and decision-making in case of violation of the provisions of the Competition Law, the regulatory authority may participate. + Section 6 Interconnection and numbering + Article 38 (1) The licence holder shall be obliged to interconnect his telecommunications network to the network of another holder or similar networks in other countries, under the following conditions: a) the interconnection to be provided for in the license according to the 12 12 para. ((1) lit. i); b) limiting the interconnection in the situation when this is necessary to comply with the essential requirements; c) the interconnection criteria are objective, transparent and made public. (2) The regulatory authority shall specify by order of the Minister the application of the above conditions. (3) The regulatory authority has the right to warn, upon referral to the affected holders, the license holder who does not meet his interconnection obligations according to par. ((1) or may establish the interconnection conditions where the licence holders have not reached an agreement. + Article 39 (1) An independent operator may, with the prior approval of the regulatory authority, connect, under certain conditions, its own network to the telecommunications networks of a licence holder, another independent operator or similar networks. from other countries, if in its authorization this possibility is provided, according to art. 28 28 para. ((3) lit. c). ((2) Approval of the regulatory authority referred to in par. (1) specify the interconnection conditions. + Article 40 (1) License holders and authorized independent operators shall submit to the regulatory authority a note on the completion of the modification or cancellation of any interconnection agreement, at least 30 days before its entry into force. (2) The regulatory authority may declare null an interconnection agreement between the licence holders, in part or in total, if the agreement jeopardises the effective competition on the telecommunications market. (3) The provisions of the previous paragraph shall be applied accordingly to the provisions of art. 36. + Article 41 (. The regulatory authority shall carry out the planning of the necessary numbering in the telecommunications services for the identification of users It will record the use of numbering groups, changes in the numbering plan and allocation of numbers to licence holders or telecommunication service providers. (. The regulatory authority may amend national numbering plans in accordance with international agreements and recommendations, and in order to ensure sufficient availability of numbers. The changes will be made public at least 60 days before the application. (3) The management of the numbers shall take into account the needs of the licence holders, the telecommunications service providers and the users and the principles of profitability and effective competition. + Chapter 3 Technical regulations + Article 42 (. Only authorised terminal equipment may be marketed, connected and used in telecommunications networks covered by a licence or authorisation. Terminal equipment with another destination can only be marketed with the express warning of users over the connection and use ban in the said networks. (. Terminal equipment may be authorized only if it complies with the essential requirements defined in art. 7 lit. i). (. The regulatory authority shall establish the procedure for the authorisation of terminal equipment, including the technical expertise procedure, and shall, for that purpose, designate independent testing laboratories. + Article 43 (1) The design, installation and maintenance of telecommunications networks, as well as the installation, maintenance or connection of telecommunication equipment may be carried out only by authorized natural or legal persons. The terminal equipment provided by the construction, with the possibility of connecting by the user and authorized in this regard, are exempted. (2) The regulatory authority authorizes the persons referred to in paragraph 1 depending on their training, qualification and professional experience. + Article 44 The regulatory authority will verify compliance with the obligations provided for in this law by authorized persons, according to art. 43 43, as well as by designated test laboratories and may take the necessary measures, including until the withdrawal of the authorisation. + Article 45 Installations that disrupt the normal operation of telecommunications networks will be compulsorily provided with appropriate protection systems at the expense of the owners of those installations. + Chapter 4 Regulatory authority + Article 46 (1) In order to comply with the provisions of this law, the regulatory authority shall perform its functions, exercise its powers in carrying out 3 and 4 of the Act, oversees the license holders, telecommunications service providers and authorized network operators. (. To that end, the regulatory authority shall: a) may require operators or telecommunication service providers any information or documents related to the installation, operation and quality of the telecommunications services and network; b) may delegate a person to examine the activity of a license holder, telecommunications service provider or independent operator, in order to verify compliance with the provisions of the license or authorization; c) may require licence holders to draw up annual reports on the fulfilment of the provisions of the licence. + Article 47 (1) License holders or authorized service providers shall inform the regulatory authority in writing of the commencement, modification or termination of the operation of a service or telecommunications network at least 30 days in advance. The regulatory authority will publish these notes, as well as the notes referred to in art. 48 48 para. ((1), as a rule twice a year. (2) In case of force majeure, the information on the modification or termination of the operation of a service or a telecommunications network shall be carried out within 48 hours of the occurrence of the event. + Article 48 ((1) In the case of commencement of the judicial liquidation procedure, the liquidator shall inform in writing, immediately the regulatory authority about the termination of the activity of the operator or (2) The provision of the respective network or services by another person may be made only under the conditions of this law; the regulatory authority may grant the temporary right to take over the network or the respective services to another person, in interest of users, during the course of the judicial liquidation procedure. + Article 49 (1) The regulatory authority may delegate to the General Inspectorate of Communications, a body specialized in the status of autonomous directing, some powers and functions, with the exception of licensing functions. (. The regulatory authority may authorise competent legal persons to perform a part of its technical functions as referred to in art. 42. ((3) Complaints regarding the decisions taken by the technical bodies referred to in par. ((1) and (2) shall be settled by the regulatory authority. + Article 50 (1) By order of the Minister of Communications will be established the Telecommunications Advisory Board, consisting of representatives of users, manufacturers of telecommunications equipment, license holders, authorized network operators telecommunications, as well as from technical and regulatory experts. (2) The Telecommunications Advisory Board will make recommendations on its own initiative or at the request of the regulatory authority, regarding: a) the principles of the development and regulation policy of the telecommunications sector; b) the content of licences c) handling referrals to users and operators. (3) The proper organization and functioning regulation of the Telecommunications Advisory Council is approved by order of the Minister of Communications. + Article 51 (1) The regulatory authority shall publish an annual report on its strategy and 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 and in the application of this law. (2) The regulatory authority shall publish, as a rule, twice a year, the summary of information on the situations referred to in art. 47 47 and 49. + Article 52 Disputes between the regulatory authority and holders of license or authorization regarding the rights established under this law shall be settled according to the Law of Administrative Litigation. + Article 53 The Ministry of Communications, in its capacity as regulator, participates in the preparation and negotiation of international telecommunications agreements or treaties. + Chapter 5 Liabilities and penalties + Article 54 Failure to comply with the provisions of this law shall entail disciplinary, contravention, civil or criminal liability, as + Article 55 (1) Public operators and telecommunication service providers shall respond to users for effective damages caused by non-execution or improper execution of services, under the conditions of this law. (2) The term of introduction of the complaint is 6 months, calculated from the day of the service. The settlement of the complaint by the controller shall be made no later than 3 months after the date of registration of the complaint. (3) For services open to competition, the term of introduction of the complaint and liability can be established by contract between the operator and the user. The deadlines for the introduction of the agreed complaint may not be higher than those provided in par. ((2). + Article 56 (1) The term for the appeal of persons referred to in art. 55 55 para. ((1) is 6 months. (2) The time limit for the introduction of the action shall be counted from the date of receipt of the reply to the complaint or, if the complaint has not been answered within the period, from the expiry of the deadline for its resolution. + Article 57 It constitutes contraventions the following facts, if not committed under such conditions that, according to the criminal law, to constitute crimes: a) violation of the conditions provided for in the license or authorization; b) the practice of tariffs of the category referred to in art. 12 12 para. ((1) lit. d), not approved by the competent authorities; c) the provision of telecommunications services by an independent operator without the possession of the authorization provided for by this Law; d) the transmission of the license or authorization of other operators than those designated by the regulatory authority; e) the unjustified prevention, by the public operator, of the competitors ' access to a network or telecommunication service; f) subsidizing some tariffs for authorized activities for competition with the income obtained from the licensed services, according to the provisions of art. 35 35 para. ((1); g) unjustified refusal of the license holder to interconnect his telecommunications network to the network of another holder; h) marketing and use of terminal equipment in violation of art. 42 42 para. ((1); i) design, installation or maintenance of telecommunications equipment or installation, connection or maintenance of telecommunications equipment by unauthorized persons; j) intentionally blocking or disconnecting, by a user, telecommunication facilities; k) damage or culpable degradation of the external telecommunication facilities; l) preventing users from accessing public telephone devices by various means; m) unauthorized connection of terminal equipment to the telecommunication lines of the users; n) failure to provide facilities with protective systems where they disrupt the normal operation of telecommunications networks; o) modification of telecommunications installations, property of license holders, and their use in the state in which they were modified, without the consent of these holders. + Article 58 (1) The contraventions provided by art. 57 is sanctioned with a fine, as follows: a) from 100.000 lei to 1,000,000 lei, those from lit. k) and l); b) from 200,000 lei to 2,000,000 lei, those from lit. f), g), h), i), j), m), n) and o); c) from 500,000 lei to 5,000,000 lei, those from lit. a), b), c), d and e). (2) Contraventions shall be found and the sanctions shall be applied by persons empowered by the regulatory authority or by the personnel empowered by the body empowered by the Competition Law, as the case may be. ((3) The sanctions shall apply to both natural and legal persons, after an injunction for entry into law. (4) For the contraventions provided in art. 57 lit. a), b), g) and i), the regulatory authority may also order the withdrawal of the licence or authorisation. (5) Goods subject to the contraventions provided in art. 57 lit. h) and m) shall be confiscated. (6) In so far as this law does not have otherwise, the contraventions provided for in art. 57 the provisions of Law no. 32/1968 on the establishment and sanctioning of contraventions, except art. 25 25, 26 and 27. (7) The amount of fines can be modified by Government decision according to the evolution of the price index and tariffs in the economy. + Chapter 6 Transitional and final provisions + Article 59 Regulation of the use of radio spectrum by telecommunications networks and equipment will be done by law. + Article 60 The provisions of this law also apply to telecommunications networks and services intended to broadcast audiovisual programs, insofar as they are not regulated by the provisions of the Broadcasting Law. + Article 61 (1) In the event of events to interrupt networks or to prevent the visible telecommunications services, the bodies responsible for guarding the forests, roads, railways, works of art and the like, who became aware of such events, are obliged to notify the Ministry of Communications as soon as possible. (2) The local public administration authorities shall provide support, within the limits of the duties and tasks conferred by the law, to the respective license holder, to restore and ensure the normal functioning of the networks and services of telecommunications. + Article 62 (1) Under special conditions as: curfew, state of emergency, mobilization or state of war, natural calamities or catastrophes, Ministry of Communications, in collaboration with institutions in the field of defense, national security and public order and, as the case may be, with the Ministry of Water, Forestry and Environmental Protection, it can order the reorganization of the conditions of conducting telecommunications activities, making this decision public. (2) Under the normal conditions, the Ministry of Communications, in collaboration with the institutions mentioned in par. (1), will take preparatory measures, within the telecommunications system, to ensure the service under special conditions. (3) The license and authorization holders have the obligation to comply with the measures ordered. + Article 63 ((1) The licenses for the networks of the public operators providing the basic telecommunications services shall be issued to the relevant autonomous regions, within one year from the date of entry into force of this Law. These licences will be granted by direct entrustment, without payment of the fees set out in Annex no 1, for a period of 5 years, by way of derogation from the provisions of art. 11. (2) If the autonomous regions subject to the provisions of par. (1) restructure into commercial companies with majority state capital, issued licenses are transmissible to new companies, with the corresponding modification of the provisions of the license. (3) The authorizations for independent telecommunications networks, existing at the date of this law, will be issued according to its provisions, within one year from the date of entry into force of the law. (4) The licenses and permits issued before the entry into force of this Law shall be renewed, under the law, by the regulatory authority, within one year from the date of entry into force of the law. + Article 64 (1) During the retention of exclusive rights reserved for the provision of basic telecommunications services, they can be liberalized only for rural areas, under the law. The attribution of licences for such network operators and service providers shall be carried out on a tendering basis. (2) Licences covered by par. ((1) will be limited: a) only for rural localities or isolated points where basic telecommunications services are missing or inadequate; b) only for the period during which the reserved exclusive rights are preserved. (3) Licences may be renewed under the present law. + Article 65 By decision of the Government or by inter-ministerial agreement, specific conditions of use, by telecommunications operators, of property belonging to economic agents with state capital will be established. + Article 66 The provisions regarding the prescription of the right to action of this law shall be completed with the provisions Decree no. 167/1958 on the Extinction Prescription, which shall apply accordingly. + Article 67 (1) The present law shall enter into force 60 days from the date of its publication in the Official Gazette of Romania, a period within which it will be constituted, by order of the Minister of Communications, the Telecommunications Advisory Council provided for in art. 50 50 para. ((1). (2) On the date of entry into force of this Law, it shall be - Decree no. 197/1955 on the operation of postal services and telecommunications, the part relating to telecommunications services; - art. 3 and 4 of H.C.M. No. 2.487/1969 for the establishment and sanctioning of contraventions to legal provisions regarding the operation of mail and telecommunications services; -any other provisions to the contrary. This law was adopted at the joint sitting of the Chamber of Deputies and the Senate of June 26, 1996, in compliance with the provisions of 74 74 para. ((1) and of art. 76 76 para. (2) of the Romanian Constitution. CHAMBER OF DEPUTIES PRESIDENT ADRIAN NASTASE SENATE PRESIDENT prof. univ. dr. OLIVIU GHERMAN + Annex 1 LICENCE FEES The license fees provided in art. 14 14 are the following: 1. Cable telecommunication networks: -1.1. national 1.000.000.000 lei -1.2. zonal 300.000.000 lei --1.3. Local: a) urban 70,000,000 lei b) rural 5,000,000 lei 2. Radiocommunication networks: -2.1. national 100.000.000 lei -2.2. zonal 20.000.000 lei --2.3. Local: a) urban 5.000.000 lei b) rural 1.000.000 lei 3. Telecommunication networks type VSAT (small satellite communications stations): -3.1. terminal stations 1.000.000 lei/station -3.2. Coordinating stations 10.000.000 lei 4. Basic telecommunications services: -4.1. national 500.000.000 lei --4.2. zonal/urban 70.000.000 lei -4.3. rural 5.000.000 lei 5. Radiocommunication services: -5.1. national 30.000.000 lei --5.2. lei/local 3.000.000 lei 6. Telecommunication services for which market conditions limit competition (other than radiocommunications): -6.1. national 100.000.000 lei --6.2. lei/local 10.000.000 lei + Annex 2 AUTHORISATION FEES Fees for authorisations provided for in art. 30 30 are the following: 1. Independent telecommunication networks: -1.1. national 10.000.000 lei -1.2. area 3.000.000 lei -1.3. locale 1.000.000 lei 2. Services with added value for the public: -2.1. national 1.000.000 lei -2.2. zonal/local 500.000 lei 3. Telecommunication services for a closed group of users: -3.1. national 2.000.000 lei -3.2. zonal 1.000.000 lei -3.3. local 500,000 lei --------------------