Law No. 92 Of 24 July 1996 Concerning The Organization And Functioning Of Special Telecommunication Service

Original Language Title:  LEGE nr. 92 din 24 iulie 1996 privind organizarea şi funcţionarea Serviciului de Telecomunicaţii Speciale

Read the untranslated law here: https://www.global-regulation.com/law/romania/3070827/-lege-nr.-92-din-24-iulie-1996-privind-organizarea-i-funcionarea-serviciului-de-telecomunicaii-speciale.html

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Law No. 92 of 24 July 1996 (* updated *) on the Organization and functioning of special Telecommunication Service (updated July 19, 2015 *) ISSUER-PARLIAMENT------Parliament adopts this law.


Chapter 1 General provisions Article 1 (1) of the Telecommunications Service is the central body, with legal personality, that organizes, directs, conducts, controls and coordinates the activities in the field of telecommunications for public authorities from Romania and to others listed in annex No. 1. (2) the special telecommunications is the only authority issuing the mandatory technical regulations in the field of telecommunications.
  

(3) Special Telecommunications means transmission, emission or reception of signs, signals, writings, images, sounds or intelligence of any nature by wire, radio, optical or other electromagnetic systems referred to in paragraphs 1 and 2 users. (1) and (4) special Telecommunication Service guarantees the protection and confidentiality of telecommunications special, which are exempt from licensing arrangements and authorisations provided for in the law on telecommunications.
  

(5) Telecommunications Service has Special military structure and forms part of the national defence system.
  


Article 2 special Telecommunication Service Activity is controlled by the Romanian Parliament, through commissions on defence, public order and safety.


Article 3 special Telecommunication Service Activity is organized and coordinated by the Supreme Defence Council of the country.


Article 4 (1) of the Telecommunications Service Special collaborates with institutions in the field of defence, national security and public order, with the Ministry of communications and autonomous flying overhead in its coordination with the operators and providers of telecommunication services authorized by the Ministry of communications, as well as with other public authorities of the State.
  

(2) Telecommunications Service specials, with the approval of the Supreme Council of Defense of the country, may establish relations with similar bodies from abroad and may conclude cooperation agreements with them.
  


Article 5 special Telecommunication Service operates in compliance with the Constitution and laws, decisions of the Supreme Council of Defense of the country and the Government as well as the General military regulations.


Article 6 (1) military and civilian employees Frameworks from telecommunications Special Service have an obligation to ensure confidentiality in the use of special telecommunications, communications interception being prohibited.
  

(2) telecommunication services staff Special obligation to maintain strict State secret, military and professional, including after leaving the service.
  

(3) the penetration, the interruption of the officials and the destruction of telecommunications networks, and intercepting communications in these networks constitute threats to national security.
  


Chapter 2 Organization, functioning and powers of special Telecommunication Service in article 7 (1) overall structure of special Telecommunication Service, separate functional tasks, and resources in times of peace and in time of war, the networks and telecommunications equipment and special mobilization service shall be determined by the rules of organization and operation of which shall be approved by the Supreme Council of Defense of the country.
  

(2) the Director of the service of special telecommunications may make changes to organizational structures inside, within the overall herd, up to and including directions.
  


Article 8 (1) special Telecommunication Service Leadership is provided by a director, with the rank of Secretary of State, appointed by the Supreme Council of Defense of the country, on the proposal of its President.
  

(2) the Director shall be responsible for special Telecommunications Service in front of the Supreme Council of Defense of the country for the work which it carries its annual reports and submit.
  

(3) in exercising the powers of the incumbent Director is assisted by a first Deputy, substitute or, as well as two deputies.
  

(4) the Prime Deputy and deputies have the rank of a subsecretari State and are appointed by the Supreme Council of Defense of the country, on a proposal from the Director of the special Telecommunication Service.
  

(5) in the service of special telecommunications Board, works as a deliberative body, and the Executive Office, which provides operative leadership of the institution. Council and executive director shall be determined by the rules of organization and operation.
  

(6) the Director of the service of special telecommunications has a thing made up of sectors and bins for control, legal, public relations, secretarial, information activity and protection of personnel.
  


Article 9 special Telecommunication Service Director of budgetary loans principal authorising officer, in accordance with the law.


Article 10 in exercising the functions conferred on the Director by law, issue orders and instructions.


Article 11 Special Telecommunications Service has the following duties: manages to) exploit and develop special telecommunications networks, referred to in the annex. 2;
  

b) manages the spectrum of radio frequencies with Government use, what is assigned for special telecommunications;
  

c) keeps track and monitors the national territory, in order to protect, the spectrum of radio frequencies set in his administration and the bodies forming part of the national defense system, on the basis of the protocols concluded with them;
  

d) execute the roadworthiness tests for telecommunications networks from its management and ensure confidentiality of telecommunications;
  

e) organizes and conducts training for the fight and the mobilization of its own, in accordance with the legal provisions, orders, instructions and regulations;
  

f) at the State of martial law or proclamation of emergency, the mobilisation of State of war provide special ties as a priority for the Headquarters and the other components of the national system of Defense, central and territorial level, in accordance with the law;
  

g) cooperates with the Ministry of communications and with institutions in the field of defence, national security and public order, on the basis of a common methodology in order to ensure the compatibility of their own telecommunications systems with those of the national defence system, as well as with the public telecommunications network;
  

h) ensure safety measures in the field of activity, in accordance with the laws in force;
  

I) ensure the inviolability of the facilities, equipment and special telecommunications networks, according to the legal provisions;
  

j) ensure compliance with specifications and technical standards and quality, provided for by the legal rules in force, in order to develop telecommunications infrastructure;
  

k) organizes and performs the networks of telecommunications special benefits taking into account the interests of the beneficiaries;
  

l) determines the allocation criteria of subscribed users referred to in the annex. 1 and submit them for approval to the Supreme Council of the defense of the country;
  

m) other activities necessary in pursuing, including: material and technical supply, including imports, research and design technological and informatics activities of the personnel and education, transport, medical care and rehabilitation and social and cultural activities and sports for its staff in accordance with the legal regulations.
  

n) can achieve the revenue benefits from non-telecommunications services according to the law, which will be the subject of special telecommunication system development.
  

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Lit. n) of art. 11 was introduced by section 1 of article. in EMERGENCY ORDINANCE No. 7 of 30 January 2002, published in Official Gazette No. 116 of 12 February 2002.


Chapter 3 special Telecommunication Service Staff in article 12 (1) telecommunications services staff is composed of military and civilian employees frames.
  

(2) Frames in special Telecommunication Service operating in accordance with the law and the General military regulations.
  

(3) For civilian employees apply the provisions of the labour code, other laws in the field of labour and social security, of the rules of procedure, as well as civilian employees of the orders issued by the Director of special Telecommunication Service.
  


Article 13 (1) of the Telecommunications Service is mobilization, that organ keeps track of existing personnel to peace and reservists in outreach documents.
  

(2) the rules of operation and the work of mobilization and record keeping shall be established in agreement with the General Staff of the Ministry of national defense.
  


Article 14 special Telecommunication Service organises a training and refresher training in military activity in the reserve and civilian employees, and on the basis of protocol, through specialized institutions belonging to the system of national defence structures, University education and, where appropriate, within the framework of services and specialist firms in the country or abroad.


Article 15


Description of regulations and uniforms approved by order of the Director of Telecommunications Service.


Article 16 the provisions of law No. 80/1995 on the status of the military personnel apply for Telecommunications Service.


Chapter 4 material and financial Insurance Article 17 (1) the special telecommunications develops and base its own draft budget of income and expenditure.
  

(2) the funds necessary for carrying out the activity of special Telecommunications Service shall ensure from the State budget and from extra-budgetary sources.
  

(3) Telecommunications Service receives and administers Special public property and private property of the State, and may give them according to their legal regime, retaining a share of 50% of the rental value, and may be carried out in accordance with the law, benefits of telecommunications services for public or private legal entities. The revenue thus obtained will be used for financing expenditure materials and capital, and left at the end of the credit will be carried over to the next year and will be used with the same destination.
  

(4) provision of special Telecommunication Service of domestic production and from imports.
  

(5) the emergence of unforeseen additional work on their execution times will be able to start only with securing the necessary financial resources and in compliance with legal provisions.
  

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Art. 17 was amended by paragraph 2 of article 9. in EMERGENCY ORDINANCE No. 7 of 30 January 2002, published in Official Gazette No. 116 of 12 February 2002.


Article 18 the land, fixed assets, current assets, as well as any other goods referred to in the tables of the Endowment constitutes special Telecommunication Service heritage.


Article 19 (1) of the Telecommunications Service has the Special weapons, ammunition and fighting technique for self defense and protection objectives within which it operates.
  

(2) the outer Guard has the actual objectives of the gendarmerie in the Ministry of the Interior, on the basis of the protocol.
  


Chapter 5 final provisions Article 20 special Telecommunication Service Emblem is laid down in the annex. 3. Article 21 appendices. 1, 2 and 3 form an integral part of this law.


Article 22 government decision nr. 229 of 27 May 1993, as well as any other provisions contrary to the provisions of this law are repealed.

This law was adopted by the Senate at its meeting on 27 June 1996, in compliance with the provisions of art. 74 para. (1) of the Constitution of Romania.
p. SENATE CHAIRMAN V.S. this law MORRIS was adopted by the Chamber of deputies at its meeting on 27 June 1996, in compliance with the provisions of art. 74 para. (1) of the Constitution of Romania.
p. CHAMBER of DEPUTIES PRESIDENT MARTIAN D annex 1 LIST users special telecommunications networks 1. The Parliament Of Romania.
2. the Presidency of Romania.
3. The Government of Romania.
4. the institutions carrying out activities in the field of defence, national security and public order.
5. Central and local Public Administration and/or units placed in subordination, in the administration or under its authority which conducts the national public interest.
— — — — — — — — — — section 5 of annex 1 was modified by art. II of law No. 197 of 9 July 2015, published in MONITORUL OFICIAL nr. 529 of 16 July 2015.
6. Judicial authority: the Supreme Court of justice-the Public Ministry-Superior Council of Magistracy.
7. The Court of Auditors.
8. The Constitutional Court.
9. Governing bodies within government agencies and non-governmental bodies of national interest.


Annex 2 LIST of networks and cooperative management of special Telecommunication Service has special networks 1. Urban telephone network "S" in Bucharest.
2. interurban telephone Network "T.O." in Bucharest and in the territory.
3. Network teleconference "T.O." in Bucharest and in the territory.
4. International Telephone Network encrypted "I.C.S.".
5. International telegraphic Network unencrypted.
6. conventional radio networks and/or access multiple frequency bands managed by the special Telecommunication Service in Boston.
7. radiorelee networks that are in Special Administration of Telecommunication Service in Boston.
8. the network of short-wave radio figures in Boston.
9. Network monitoring, frequent spectrum to ensure that radio networks, and the administration of other institutions in the field of defence, national security and public order.
10. the telex Network encoded in Bucharest and in the territory.
B. cooperation networks 1. Interurban telephone network cooperation "I.C." in Bucharest and in the territory.
2. urban telephone networks for cooperation "C" in Bucharest and in the territory.
3. data transmission networks, urban and interurban, which works on the systems in the management of special Telecommunication Service.


Annex 3 SPECIAL TELECOMMUNICATION SERVICE EMBLEM — — — — — — —