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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

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LEGE no. 92 92 of 24 July 1996 (* updated *) on the organization and functioning of the Special Telecommunications Service ((updated on 19 July 2015 *)
ISSUER PARLIAMENT




---------- The Romanian Parliament adopts this law + Chapter 1 General provisions + Article 1 (1) The Special Telecommunications Service is the central specialized body, with legal personality, which organizes, conducts, conducts, controls and coordinates the activities in the field of special telecommunications for the public authorities of Romania and other users set out in Annex no. 1. (2) The Special Telecommunications Service is the only authority issuing mandatory technical rules in the field of special telecommunications. ((3) Special telecommunication means transmissions, emissions or receptions of signs, signals, writings, images, sounds or information of any kind by wire, radio, optical system or other electromagnetic systems for users referred to in par. ((1). (4) The Special Telecommunications Service guarantees the protection and confidentiality of special telecommunications, which are exempted from the licensing and authorization regime provided for in the Telecommunications Law. (5) The Special Telecommunications Service has a military structure and is part of the national defense system. + Article 2 The activity of the Special Telecommunications Service is controlled by the Romanian Parliament, through the commissions for defense, public order and national security. + Article 3 The activity of the Special Telecommunications Service is organized and coordinated by the Supreme Council of Defense of the Country. + Article 4 (1) The Special Telecommunication Service collaborates with the institutions in the field of defence, national security and public order, the Ministry of Communications and the autonomous regions in its coordination, with the operators and suppliers of telecommunications services authorized by the Ministry of Communications, as well as with other public authorities of the state. (2) The Special Telecommunications Service, with the approval of the Supreme Council of National Defence, may establish relations with similar bodies abroad and may conclude cooperation agreements with them. + Article 5 The Special Telecommunications Service operates in compliance with the Romanian Constitution and the laws of the country, the decisions of the Supreme Council of Defense of the Country and the Government, as well as the general military regulations. + Article 6 (1) Military cadres and civil employees of the Special Telecommunications Service have the obligation to ensure confidentiality in the use of special telecommunications, interception of communications being prohibited. (2) The staff of the Special Telecommunications Service are required to strictly keep the state, military and professional secrecy, including after leaving the service. ((3) Penetration, interruption of operation and destruction of special telecommunications networks, and interception of communications in these networks constitute threats to national security. + Chapter 2 Organization, operation and attributions of the Special Telecommunications Service + Article 7 (1) General structure of the Special Telecommunication Service, the duties of its functional components, personnel and resources in peacetime and in time of war, the regime of special telecommunications networks and equipment and mobilization the service is established by the regulation of organization and functioning that is approved by the Supreme Council of Defense of the Country. (2) The Director of the Special Telecommunications Service may make changes within the organizational structures, within the limits of the total numbers established, up to the level of the directions included. + Article 8 (1) The management of the Special Telecommunications Service 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 of the Special Telecommunications Service shall be accountable to the Supreme Council of National Defence for the activity it carries out and shall submit annual reports. (3) In the exercise of his duties, the director is assisted by a first deputy, who is also his replacement, as well as two deputies. (4) The first deputy and the deputies rank under state subsecretaries and are appointed by the Supreme Council of Defense of the Country, at the proposal of the Director of the Special Telecommunications Service. (5) In the Special Telecommunications Service the Board of Directors operates, as a deliberative body, and the Executive Office, which provides the operative management of the institution. The composition of the Governing Board and the Executive Office shall be established by the Organization and Functioning Regulation (6) The Director of the Special Telecommunications Service has a working apparatus consisting of sectors and compartments for control, legal assistance, public relations, secretariat, information protection of activity and personnel. + Article 9 The Director of the Special Telecommunications Service has the status of principal authorising officer of the budget, under the law. + Article 10 In the exercise of his duties, the director issues, according to the law, orders and instructions. + Article 11 The Special Telecommunications Service has the following tasks: a) administer, operate and develop special telecommunications networks, as set out in Annex no. 2 2; b) manages the radio spectrum with government use, which is assigned to him for special telecommunications; c) keep records and monitor on the national territory, for the purposes of protection, the radio spectrum in its management and the bodies belonging to the national defence system, on the basis of protocols concluded with them; d) execute the technical control of the telecommunications networks in its administration and ensure the confidentiality of special telecommunications; e) organize and conduct the preparation for the fight and its own mobilization, in accordance with the legal provisions, with the orders, instructions and military regulations; f) to the proclamation of the curfew or emergency, to the declaration of mobilization or the state of war ensure with priority the special ties for the Grand Cartier General and the other components of the national defense system, at central level and territorial, according to the law; g) collaborate with the Ministry of Communications and with the 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 the public telecommunications network; h) ensure national safety measures in its field of activity, according to the legislation in force; i) ensure the inviolability of special telecommunications facilities, equipment and networks, according to the legal provisions; j) ensure compliance with specifications and technical and quality standards, provided by the legal regulations in force, in order to develop the infrastructure of special telecommunications; k) organizes the networks and performs the special telecommunications benefits considering the interests of the beneficiaries; l) establishes the criteria for allocating the subscriber posts to the users referred to in Annex no. 1 and submit them for approval to the Supreme Council of National Defence; m) carries out other necessary activities, such as: technical-material supply, including imports, research and technological design and in computer science, personnel activities and education, transport, medical and recovery assistance and social-cultural and sports activities for its own staff, according to legal regulations. n) can make extra-budgetary income from telecommunications service providers under the law, which will be intended for the development of the special telecommunications system. ---------- Lit. n) of art. 11 11 was introduced by section 4.2. 1 1 of art. unique of EMERGENCY ORDINANCE no. 7 7 of 30 January 2002 , published in MONITORUL OFFICIAL no. 116 116 of 12 February 2002. + Chapter 3 Staff of the Special Telecommunications Service + Article 12 (1) The personnel of the Special Telecommunications Service shall consist of military personnel and civilian employees. (2) The military personnel of the Special Telecommunications Service operate under the law and general military regulations. (3) For civil employees, the provisions of the Labor Code, the other labor and social protection laws, the Rules of Interior of Civil Employees, as well as of the orders issued by the Director of the Service of Special telecommunications. + Article 13 (1) The Special Telecommunication Service is the mobilization organ, which keeps records of existing personnel at peace and reservists included in the mobilization documents. (2) The rules of operation and the activity of mobilization and evidence shall be established in agreement with the General Staff of the Ministry of National Defence. + Article 14 The Special Telecommunications Service organizes a system of its own training and improvement of the training of military personnel, in reserve and of civilian employees, and on the basis of protocol, through specialized institutions belonging to the structures of the national defense system, university education and, as the case may be, in specialized services and companies in the country or abroad. + Article 15 The Regulation on the description and port of uniforms is approved by order of the Director of the Special Telecommunications Service. + Article 16 Provisions Law no. 80/1995 on the status of military personnel also applies to the staff of the Special Telecommunications Service. + Chapter 4 Financial and financial insurance + Article 17 (1) The Special Telecommunications Service shall develop and substantiate the project of its own revenue and expenditure budget. (2) The funds necessary to carry out the activity of the Special Telecommunications Service shall be ensured from the state budget and from extra-budgetary sources. (3) The Special Telecommunications Service receives and manages public and private property of the State, being able to rent them according to their legal regime, retaining a share of 50% of the rent's value, and may carry out, in the conditions of the law, the provision of telecommunications services for public or private legal entities. The revenues thus obtained will be used in full to finance the material and capital expenditures, and the remaining available at the end of the year will be carried over to the next year and will be used with the same destination. (4) The endowment of the Special Telecommunications Service is carried out from domestic and import production. (5) Upon the occurrence of additional works or contingencies their execution will be able to start only with the provision of the necessary financial resources and in compliance with ---------- Article 17 has been amended by section 6.6. 2 2 of art. unique of EMERGENCY ORDINANCE no. 7 7 of 30 January 2002 , published in MONITORUL OFFICIAL no. 116 116 of 12 February 2002. + Article 18 Land, fixed assets, circulating means, as well as any other goods provided in the endowment tables constitute the patrimony of the Special Telecommunications Service. + Article 19 (1) The Special Telecommunication Service has weapons, ammunition and the technique of fighting for self-defense and for the protection of the objectives in which it operates. (2) The external guard of the objectives is carried out with gendarmes from the Ministry of Interior, on the basis of protocol. + Chapter 5 Final provisions + Article 20 The emblem of the Special Telecommunications Service is set out in Annex no. 3. + Article 21 Annexes no. 1, 2 and 3 are an integral part of this law. + Article 22 Government Decision no. 229 229 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 the meeting of 27 June 1996, in compliance with the provisions of art. 74 74 para. (1) of the Romanian Constitution. p. SENATE PRESIDENT VALER SUIAN This law was adopted by the Chamber of Deputies at its meeting on June 27, 1996, in compliance with the provisions of 74 74 para. (1) of the Romanian Constitution. p. CHAMBER OF DEPUTIES PRESIDENT MARTIAN DAN + Annex 1 LIST users of special telecommunications networks 1. Romanian Parliament. 2. Romanian Presidency. 3. Romanian Government. 4. Institutions carrying out activities in the field of defence, national security and public order. 5. Central and local public administration and/or units subordinated, in its administration or under its authority that carry out activities of national public interest. ---------- Section 5 of Annex 1 has been amended by art. II of LAW no. 197 197 of 9 July 2015 , published in MONITORUL OFFICIAL no. 529 529 of 16 July 2015. 6. Judicial Authority: -Supreme Court of Justice -Public Ministry -Superior Council of Magistracy. 7. Court of Auditors. 8. Constitutional Court. 9. Governing bodies of governmental bodies and non-governmental bodies of national interest. + Annex 2 LIST special networks and cooperation from the administration of the Special Telecommunications Service A. Special Networks 1. Urban telephone network "S" in Bucharest. 2. Interurban telephone network "T.O." in Bucharest and in the territory. 3. The teleconference network "T.O." in Bucharest and in the territory. 4. The encrypted international telephone network "I.C.S.". 5. The encrypted international telegraphic network. 6. Conventional and/or multi-access radiocommunication networks in the frequency bands managed by the Special Telecommunications Service in Bucharest and in the territory. 7. Radiorelay networks under the administration of the Special Telecommunications Service in Bucharest and in the territory. 8. The network of short-wave cybro radiocommunications in Bucharest and in the territory. 9. Spectrum monitoring network to ensure the protection of special radio networks, as well as those from the administration of other institutions in the field of defence, national security and public order. 10. Telex network cipher in Bucharest and in the territory. B. Cooperation networks 1. Interurban telephone network of cooperation "I.C." in Bucharest and in the territory. 2. Urban telephone networks for cooperation "C" in Bucharest and in the territory. 3. The urban and interurban data transmission networks, which operate on the systems of the administration of the Special Telecommunications Service. + Annex 3 SPECIAL TELECOMMUNICATIONS SERVICE EMBLEM image -------