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Law No. 591 Of 29 October 2002 Approving Government Emergency Ordinance Nr. 79/2002 Concerning The General Framework Governing Communications

Original Language Title:  LEGE nr. 591 din 29 octombrie 2002 pentru aprobarea Ordonanţei de urgenţă a Guvernului nr. 79/2002 privind cadrul general de reglementare a comunicaţiilor

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LEGE no. 591 591 of 29 October 2002 for approval Government Emergency Ordinance no. 79/2002 on the general regulatory framework for communications
ISSUER PARLIAMENT
Published in OFFICIAL MONITOR no. 791 791 of 30 October 2002



The Romanian Parliament adopts this law + Article 1 Approval Government Emergency Ordinance no. 79 79 of 13 June 2002 on the general regulatory framework for communications, published in the Official Gazette of Romania, Part I, no. 457 of 27 June 2002, with the following amendments and additions: 1 1. The letter a) of Article 1 shall read as follows: " a) establishing the general regulatory framework for electronic communications networks and services by defining the tasks and objectives of the National Communications Regulatory Authority, hereinafter referred to as ANRC, the field of electronic communications, the regime of authorisation of such activities and of the specific rules governing competition in the electronic communications networks and services market; ' 2. in Article 2, letter e) of paragraph (1) shall read as follows: " e) disruptive interference-an interference that adversely influences the operation of a radio-navigation service or other services with a safety role or which in any other way seriously affects, obstructs or repeatedly interrupts a service of electronic communications that use radio frequencies and operate in accordance with the legal provisions in force. " 3. Paragraph 4 of Article 4 shall read as follows: " (4) The person who made the notification within the period and under the conditions provided in par. ((2) and (3) it is authorised to provide the types of networks or services which it has indicated in the notification, having all the rights and obligations laid down in the general authorisation to be drawn up, updated, amended and revoked in the Art. 5 5. " 4. Paragraph 3 of Article 5 shall read as follows: " (3) ANRC amends the general authorization, in compliance with the principles of objectivity and proportionality, only after the consultation procedure provided for in art. 50 50 and only in the following situations: a) this decision is necessary to comply with the obligations arising from an international agreement to which Romania is a party; b) the circumstances in which the general authorisation was issued have been amended. '; 5. in Article 5, after paragraph 3, paragraph 4 is inserted as follows: "" (4) ANRC shall revoke the general authorization, in compliance with the principles of objectivity and proportionality, only after the consultation procedure provided for in art. 50 50 and only in the following situations: a) this decision is necessary to comply with the obligations arising from an international agreement to which Romania is a party; b) in order to protect the public interest, where the circumstances in which the general authorisation has been issued have changed. " 6. Article 8 shall read as follows: "" Art. 8. -(1) The Ministry of Communications and Information Technology, hereinafter referred to as the Ministry of Speciality, shall adopt the national frequency bands allocation table. (2) The Ministry of Speciality shall ensure, under the law, administration and coordination at national level of the management of radio frequencies in accordance with the National frequency bands allocation table and international agreements at which Romania is a party. (3) The specialized ministry may prohibit for a limited period the partial or total use of a frequency band or of a certain frequency by natural or legal persons, at the reasoned request of the competent public authorities, in where national security, public order or national defence impose this measure. (4) The competent public authorities in the field of national defence, public order and national security shall be entitled to use the frequency bands allocated, in so far as it is necessary to carry out the special duties conferred by the law. (5) In the event of the need to change the destination of frequency bands with government allocation, used for the purpose of national defence by the Ministry of National Defence, the costs of purchasing the equipment necessary for the use new frequencies. The way of compensation of these costs is determined by Government decision. " 7. Article 10 shall read as follows: "" Art. 10. -(1) The authorities empowered to manage the radio frequency bands shall be as follows: a) the General Inspectorate for Communications and Information Technology, hereinafter referred to as IGCTI, for the frequencies in the bands allocated for non-governmental use; b) competent institutions in the field of national defence, public order and national security, for frequencies in bands with government allocation. ((2) The IGCTI assigns, individually, by assignment, the radio frequencies in the bands provided for in the national frequency bands allocation table and permanently keep records of their use, in accordance with the procedure established by the specialized ministry. (3) The authorities provided in par. ((1) have the obligation to ensure the reciprocal exchange of information relating to the frequency assignments carried out, in accordance with the provisions of Law no. 182/2002 on protection of classified information. Under the coordination of the specialized ministry they collaborate in order to identify and locate unauthorized emissions and disruptive interference, in order to ensure the radioelectric protection of all communication services electronics using radio-electric frequencies. " 8. Article 11 shall read as follows: "" Art. 11. -(1) ANRC adopts the national numbering plan. ((2) ANRC shall ensure, under the law, administration and management at national level of numbering resources, in accordance with the National numbering plan and international agreements to which Romania is a party. " 9. Paragraph 3 of Article 12 shall read as follows: " (3) The providers of publicly available electronic communications services, who have been allocated blocks of numbers, are obliged to apply the principle of non-discrimination and transparency to other providers of electronic communications services, in the number of number sequences used for access to their services. '; 10 paragraphs 1 and 4 of Article 13 shall read as follows: "" Art. 13. -(1) The use of radio frequencies and numbering resources is only allowed after obtaining a license granted, according to the law, in conditions to ensure their efficient exploitation. ................................................................... ((4) In the case of radio frequencies necessary for the own needs of the institutions of the National Defence System, their use shall be made free of charge, without the need to obtain a licence, on the basis of the allocation made by the Ministry of Speciality, through the National Table for the allocation of frequency bands, with the following conditions: a) compliance with the technical and operational requirements necessary to avoid disruptive interference and to limit the exposure of the population to the effects of electromagnetic fields, where these requirements are different from those included in general authorisation; b) compliance with obligations arising from international agreements on the use of frequencies. " 11. In Article 14, letter d) of paragraph (2) shall read as follows: " d) the duration for which the right of use is granted, subject to the amendment of the National Frequency Bands Allocation Table; ' 12. Paragraph 2 of Article 16 shall read as follows: "" (2) The limitation of the number of licences for the use of radio frequencies to be granted may be made only in compliance with the following conditions: a) taking into account, by the specialized ministry, the need for the measure to bring maximum benefits to users and to facilitate the development of competition; b) the granting by the specialized ministry to all interested parties, including users and consumers, of the opportunity to express their opinions on the decision to limit. " 13. In Article 16, after paragraph 2, paragraphs 2 ^ 1 and 2 ^ 2 shall be inserted as follows: " (2 ^ 1) The specialized ministry will publish the decision to limit the number of licenses, accompanied by the appropriate motivation. ((2 ^ 2) After the establishment of the respective licensing procedure the specialized ministry will launch the invitation to submit applications, in accordance with the established procedure. " 14. Paragraph 4 of Article 16 shall read as follows: "" (4) If the specialized ministry considers that new radio frequencies meet the necessary conditions for granting, it has the obligation to inform the public of this and to launch the invitation to submit applications. " 15. In Article 17, letter e) of paragraph (2) shall read as follows: "e) the duration for which the right of use is granted, subject to the amendment of the national numbering plan;" 16. In Article 26, letter a) of paragraph 3 shall read as follows: " a) the areas in which access is allowed, the working methods to be used and the actual conditions, including the term, in which the holder of the right established under the conditions of art. 23 23 has access to the building, in order to install or maintain the respective facilities; " 17. Paragraph 5 of Article 26 shall read as follows: " (5) If the Government establishes the obligation to pay certain amounts, by way of tariffs or charges of use or with any other title, for the occupation and use of certain buildings in public property, such as roads, bridges, the passages, viaducts, tunnels, supports and other facilities intended to support the elements of the networks and the like, the holder of the right established under the conditions of art. 23 owes only these amounts as the price of the contract. " 18. Article 30 shall read as follows: "" Art. 30. -The holder of the right established under art. 23 may request the owner or, as the case may be, the holder of the right of administration to cut, under the law, trees or shrubs, as well as branches or roots that make it difficult or would make it difficult to carry out the works provided for in art. 22. These operations will be carried out at the expense of the applicant and with the granting of a compensation under the 26 26 para. ((4) lit. b). " 19. Article 31 shall read as follows: "" Art. 31. -(1) The holder of the right established under art. 23 has the obligation to reestablish the elements of electronic communications networks, within the same property, at its own expense, when this retrenchment is necessary for the construction of buildings or for the performance of works by the owner or, as the case may be, by the holder of the administration right, under the conditions agreed by the contract concluded according to 26 or by the court decision handed down under the conditions of 27. (2) When the retrenchment of elements of electronic communications networks is necessary for the performance of works by persons other than the owner or, where applicable, the holder of the right of administration, the expenses shall be borne by them, if by the contract provided in art. 26 has not been agreed otherwise. " 20 paragraphs 2 and 3 of Article 34 shall read as follows: " (2) If on the basis of the market analysis thus carried out ANRC establishes that on the relevant market there is effective competition, it will not impose any of the obligations mentioned in par. ((1) or will withdraw them if they exist. At least 30 days before the withdrawal of any obligations imposed on a provider of electronic communications networks or services ANRC must bring this intention to the attention of the persons who are affected by taking this measure, to allow them to adapt to the new conditions. (3) If on the basis of the market analysis thus carried out ANRC establishes that on the relevant market there is no effective competition, it will identify, applying the provisions of the Regulation on market analysis and determination of power significant on the market, providers of networks or electronic communications services that have, according to art. 33, significant market power and will be able to impose, accordingly, one or more of the obligations referred to in par. ((1) or shall maintain or amend these obligations, where they already exist. " 21 paragraphs 1 and 4 of Article 36 shall read as follows: "" Art. 36. -(1) In the event of the occurrence of a dispute between the providers of electronic communications networks or services, or between the postal service providers, in relation to their obligations under this emergency ordinance or the the special legislation, the interested party will refer the matter to ANRC in order to settle the dispute. The dispute will be resolved by a decision issued by the ANRC president, within 4 months from the date of referral, outside exceptional situations, in which a longer term is necessary for the proper resolution of the case. .................................................................. (4) The decision issued by the President of ANRC, under the conditions of this Article, constitutes judicial administrative act, and can be appealed in administrative litigation, in accordance with the provisions of art. 38 38 para. ((7). ' 22. in Article 36, after paragraph 4, paragraph 5 is inserted as follows: "(5) The dispute resolution procedure provided for in this Article shall be established by decision of the President of ANRC, within 30 days from the date of entry into force of the law approving this emergency ordinance." 23. The title of Chapter VIII shall read as follows: "" CHAPTER VIII ANRC's functions, objectives and tasks " 24 24. The letter c) of Article 44 shall read as follows: "c) allocation of numbering resources for electronic communications services, by drawing up the national numbering plan and forward plans in this regard;" 25. In Article 46, points 2, 4 and 15 of paragraph 1 shall read as follows: " 2. monitoring and enforcement of obligations imposed on providers of electronic communications networks and services through general authorisations; ................................................................... 4. adoption of the National Numbering Plan and any amendments thereto, subject to restrictions imposed for reasons of national security; .................................................................. 15. the powers of the regulatory authority under the provisions of the Government Ordinance no. 31/2002 on postal services, published in the Official Gazette of Romania, Part I, no. 87 87 of 1 February 2002; ' 26. Paragraph 2 of Article 55 shall read as follows: " (2) Contraventions provided in par. (1) is sanctioned with a fine of 50,000,000 lei to 1,000,000,000 lei, and for companies with a turnover of over 50,000,000,000 lei, by way of derogation from the provisions Government Ordinance no. 2/2001 on the legal regime of contraventions, approved with amendments and additions by Law no. 180/2002 ,, with a fine of up to 2% of the turnover. " 27 27. The letter c) of Article 66 shall read as follows: " c) paragraph 2 of Article 49 of the Government Ordinance no. 31/2002 on postal services, published in the Official Gazette of Romania, Part I, no. 87 of 1 February 2002, is amended and shall read as follows: < < (2) For the purposes of applying this ordinance the powers of the regulatory authority are fulfilled by the National Regulatory Authority in Communications. > > " 28. in Article 66, after letter d) the letter e) is inserted with the following contents: "" e) Throughout the whole Audiovisual Law no. 504/2002 Name > > is replaced by the name < > > " + Article 2 Government Emergency Ordinance no. 79/2002 , with the amendments and completions brought by this law, will be republished in the Official Gazette of Romania, Part I, giving the texts a new numbering. This law was adopted by the Senate at the meeting of October 3, 2002, in compliance with the provisions of art 74 74 para. (1) of the Romanian Constitution. p. SENATE PRESIDENT, DORU IOAN TARACILA This law was adopted by the Chamber of Deputies at its meeting on October 8, 2002, in compliance with the provisions of 74 74 para. (1) of the Romanian Constitution. CHAMBER OF DEPUTIES PRESIDENT VALER DORNEANU Bucharest, October 29, 2002. No. 591. -----------