Advanced Search

Law No. 510 Of 17 November 2004 On The Reorganization Of The General Inspectorate For Communications And Information Technology

Original Language Title:  LEGE nr. 510 din 17 noiembrie 2004 privind reorganizarea Inspectoratului General pentru Comunicaţii şi Tehnologia Informaţiei

Subscribe to a Global-Regulation Premium Membership Today!

Key Benefits:

Subscribe Now for only USD$40 per month.
LEGE no. 510 510 of 17 November 2004 (* updated *) on the reorganization of the General Inspectorate for Communications and Information Technology ((updated until 28 January 2009 *)
ISSUER PARLIAMENT




--------------- *) The initial text was published in the OFFICIAL GAZETTE no. 1.082 1.082 of 22 November 2004. This is the updated form of S.C. "Territorial Center of Electronic Computing" S.A. Piatra-Neamt until January 28, 2009, with the amendments and additions made by: EMERGENCY ORDINANCE no. 17 17 of 9 March 2005 ; LAW no. 133 133 of 11 May 2007 ; JUDGMENT no. 982 982 of 22 August 2007 ; JUDGMENT no. 12 12 of 16 January 2009 . The Romanian Parliament adopts this law + Chapter I General provisions + Article 1 This Law has as its object the reorganization of the General Inspectorate for Communications and Information Technology, hereinafter referred to as IGCTI, as an autonomous public institution in the field of radio communications and information technology, subordinated to Government. + Article 2 (1) For the purposes of this Law, the following terms are defined as follows: a) assignment of a frequency band-establishment of the radio communication service which may use a certain frequency band, under specified conditions; the attributions are contained in the national frequency bands award table, referred to in continue T.N.A.B.F.; b) the allocation of a radio frequency or channel-the nomination of the user or the category of users of a frequency or radio channel, in a specified geographical area and under specified conditions; c) the assignment of a radio frequency or channel-the technical authorisation of a radio station to use a radio frequency or channel under specified conditions; d) radio-communication station-one or more transmitters or receivers or a combination of transmitters and receivers, including accessory equipment, necessary for the provision of a radio communication service in a given location or in a specified travel area; e) radio-communications-electronic communications that are carried out via radio waves; f) radio spectrum/radio spectrum spectrum-the portion of the electromagnetic spectrum comprising radio waves whose frequencies are located between 9 kHz and 3,000 GHz; g) radio-communication service-transmission, emission and/or radio wave reception, for the purpose of radio communication; h) radio equipment-a product or part of its relevant component, capable of communicating via the emission and/or reception of radio waves using the radio spectrum; i) telecommunications terminal equipment-a product or part of its relevant component, which allows the communication and which is intended to be directly or indirectly connected by any means to the interfaces of public communications networks; j) electromagnetic compatibility-the property of a device, equipment or system to operate satisfactorily in its electromagnetic environment, without introducing itself harmful electromagnetic disturbances for any apparatus found in this environment; k) appliances-assembly of electrical and electronic devices together with equipment and installations containing electrical and/or electronic components; l) injurious disturbance-a disturbance that endangers the operation of a radionavigation service or other radiocommunication services intended for the safety of life or which, in any way, seriously affects, obstructs or repeatedly interrupts a radio communication service, which operates in accordance with the legal provisions in force. (2) In the present law are also applicable the relevant definitions provided in: a) art. 2 of Government Emergency Ordinance no. 79/2002 on the general regulatory framework for communications, approved with amendments and additions by Law no. 591/2002 ; b) art. 2 of Government Ordinance no. 34/2002 on access to public electronic communications networks and associated infrastructure, as well as their interconnection, approved with amendments and additions Law no. 527/2002 ; c) art. 1 of the Broadcasting Law no. 504/2002 , with subsequent amendments and completions. + Chapter II Organisation and operation of IGCTI + Article 3 ((1) IGCTI shall be reorganized and operated as an autonomous public institution in the field of radio communications and information technology, subordinated to the Government, fully financed by its own income. ((2) IGCTI administers the radio spectrum and monitors frequency bands with non-governmental use. (3) IGCTI controls the fulfilment of the essential requirements of electromagnetic compatibility and efficient use of spectrum. ((4) IGCTI operates at national level the IT systems of the central public administration providing services for governance by electronic means. ((5) IGCTI takes over all the oblibations previously assumed by reorganization. + Article 4 (1) The IGCTI leadership is provided by a president and a vice president, appointed by decision of the Prime Minister. Their term of office is 5 years. ------------- Alin. ((1) of art. 4 4 has been amended by section 58 58 of art. I of LAW no. 133 133 of 11 May 2007 , published in MONITORUL OFFICIAL no. 355 355 of 24 May 2007. (1 ^ 1) The President and the Vice-President may be revoked by the Prime Minister for the following reasons: a) violation of the provisions of the legislation of the IGCTI; b) criminal conviction by final court decision, for which rehabilitation did not intervene; c) in case of impossibility to fulfill his mandate more than 120 consecutive calendar days. ------------- Alin. ((1 ^ 1) of art. 4 4 has been introduced by section 58 58 of art. I of LAW no. 133 133 of 11 May 2007 , published in MONITORUL OFFICIAL no. 355 355 of 24 May 2007. (2) The President of IGCTI is the principal authorising officer. (3) In the exercise of his duties the President shall issue (4) The decisions of the President of IGCTI, regarding the administration of radio spectrum, shall be published in the Official Gazette of Romania, Part I. + Article 5 In the exercise of its powers, IGCTI has the obligation to respect the principles of objectivity, proportionality, transparency, impartiality and technological neutrality. + Article 6 (1) The organization and functioning of the IGCTI shall be approved by Government decision within 90 days from the date of entry into force of this law and shall include, in addition to the central apparatus, territorial directions, as well as other specific structures, necessary to achieve its object of activity. (2) The guard of the headquarters and territorial directions of IGCTI shall be organized and carried out with gendarmes. + Article 7 (1) The financing of the current and capital expenditure of IGCTI shall be ensured from its own revenues, which come from the following sources: a) the amounts collected from the holders of the right of use of the radio spectrum for its use; b) the registration tariff of the Electronic Procurement System; c) the rate of renewal of registration in the Electronic Procurement System; d) the tariff of use of the Electronic Procurement System; e) the participation rate in the Electronic Procurement System; f) the tariff for issuing the digital certificate of registration in the Information System for the electronic attribution of international road freight transport permits; g) the rate of renewal of the digital certificate of registration in the Information System for the electronic attribution of international road freight transport permits; h) donations, related and sponsorships under the law; i) internal and external credits contracted under the law; j) amounts of administrative fines applied in accordance with art. 56 of Government Emergency Ordinance no. 79/2002 on the general regulatory framework for communications, approved with amendments and additions by Law no. 591/2002 ,, and according art. 30 30, 31 and 32 of Law no. 608/2001 on the conformity assessment of products, with subsequent amendments and completions; k) revenues resulting from the electronic signature certification; l) other income that can be achieved under the law. (2) The amount of the amounts due by each holder of the right of use of radio frequencies shall be determined by an individual decision of the President of IGCTI. (3) The decision of the President of IGCTI provided in ((2) constitute a title of claim, which becomes enforceable on the date on which the payment deadline expires and runs according to Government Ordinance no. 92/2003 on the Fiscal Procedure Code, republished. (4) For the collection of IGCTI claims, its enforcement body, established according to the law, whose management is provided by a person appointed by the IGCTI president, is empowered to institute the precautionary measures and to carry out the enforcement procedure, according to the Fiscal Procedure Code, republished. (5) In the exercise of his duties, the enforcement body provided in par. (4) issue administrative acts with enforceable title power, under the conditions of the Fiscal Procedure Code, republished. (6) Amounts collected from the sources provided in par. (1) shall be fully retained as own income, on a permanent basis, at the disposal of IGCTI and will be used in accordance with the provisions of the revenue and expenditure budget approved under the conditions Law no. 500/2002 on public finances, as amended. + Article 8 (1) The annual revenue and expenditure budget of the IGCTI is approved by its chairman under the conditions art. 16 16 para. ((1) lit. e) of Law no. 500/2002 ,, as amended. (2) The annual surplus resulting from the execution of the revenue and expenditure budget of IGCTI shall be carried over to the following year. (3) IGCTI carries out payment and receipts operations through State Treasury units. (4) In order to manage the financial resources efficiently, as well as to guarantee the obligations assumed, IGCTI has the right to constitute deposits under the law. + Article 9 (1) The staff of IGCTI is contract staff, employed on the basis of competition organized under the law, in accordance with the organizational structure. ((2) The salary of IGCTI personnel, including the President and his Vice-President, shall be carried out according to the legal provisions in force applicable to public institutions fully financed by their own income. + Article 10 For the conduct of its activities, IGCTI uses specific technical means, under the law. + Chapter III Functions and duties of IGCTI + Article 11 In order to fulfil its role, as defined in art. 3, IGCTI performs the following functions: a) radio spectrum management by planning, assignment, allocation of frequency bands, assignment and monitoring of radio frequencies in non-governmental frequency bands; b) management of radio frequency bands with non-governmental attribution according to T.N.A.B.F., by allocating or assigning radio frequencies, in order to ensure a rational and efficient use of them; c) elaboration of procedures and rules of a technical nature used in the specific surveillance and control activities; d) participation in organizations and organizations with activities at international level in the fields of activity of IGCTI; e) supervision and control of the users ' compliance with the radio frequencies of their obligations according to the law, licenses for the use of radio frequencies and broadcasting licenses; f) national operation of central public administration information systems providing public services for governance by electronic means. + Article 12 In order to perform its functions, IGCTI has the following tasks: 1. elaboration, adoption and publication of technical and administrative rules in the field of radio communications; 2. making available to the Ministry of Communications and Information Technology the necessary data for the elaboration of T.N.A.B.F.; 3. the establishment by decision of the President of IGCTI of the amounts due by the holders of the right of use of the spectrum; 4. licensing of frequencies for the provision of electronic communications networks and/or services using radio spectrum as well as emission licences; 5. collection of the amounts due by the holders of the right of use of the frequency spectrum; 6. allocation and assignment of radio frequencies in bands with non-governmental, exclusive or in-party assignment, provided in T.N.A.B.F., in compliance with technical and administrative regulations, national and international, of agreements and protocols domestic or international agreements to which Romania is a party, which refers to the use of radio spectrum; 7 7. analysis and technical expertise of the use of frequencies to ensure electromagnetic compatibility between authorized radio stations and networks, as well as to prevent the occurrence of injurious disturbances, for the purposes of the assessment of the possibility of their assignment, following requests; 8. carrying out the technical expertise necessary for the rational and efficient use of radio spectrum; 9. application of coordination procedures established by international agreements for the use of radio frequencies; 10. allocation and assignment of identification codes for some radiocommunication services, certification of the operating personnel of the radio stations, as well as the exercise of their related record activities; 11. ensuring the permanent record of the use of radio frequencies by ensuring the records of frequent assignments, permanent maintenance of specialized databases that form the National Register of assigned/allocated frequencies; 12. monitoring of radio spectrum with non-governmental award; 13. supervision and control of compliance with the obligations contained in the licenses for the use of radio frequencies or regulations; 14. monitoring and control of the application of the provisions contained in the normative acts in force and in international agreements, in the field of radio communications, audiovisual communications, radio equipment and terminal equipment electronic communications, including in terms of electromagnetic compatibility, and taking measures to prevent, eliminate and sanction non-compliance with these provisions, according to the competence recognized by them; 15. issuance of confirmation notices of compliance with the essential requirements of the applicable legislation, for radio equipment and electronic communications terminal equipment, including from the point of view of compatibility Electromagnetic; 16. issuance of opinions necessary to obtain the authorization to build the pillars and buildings that may affect the functioning of the monitoring systems of IGCTI; 17. operation of the Electronic Public Procurement System, of the National Electronic System, of the Information System for the electronic attribution of international road freight permits and for the electronic assignment of the routes national from the transport programs through the regular county, intercounty and intercounty services. ----------- Item 17 of art. 12 12 has been amended by art. 20 of EMERGENCY ORDINANCE no. 17 17 of 9 March 2005 , published in MONITORUL OFFICIAL no. 229 229 of 18 March 2005. 18. may provide extended electronic signature based on a qualified certificate for central public administration; 19. ensuring recognition in the systems they operate of any extended electronic signature based on a qualified certificate issued by an accredited certification service provider; 20. the exercise of other activities established in its task in accordance with the legal provisions in force. + Article 13 (1) In order to fulfill its duties, IGCTI has the right to purchase from import installations, systems, equipment, appliances, cars specific to the object of activity, as well as other goods necessary to achieve its object of activity. (2) In the exercise of his duties, IGCTI will be supported operatively by local public administration authorities, police bodies or other public authorities, under the law. (3) The activities of public authorities in the field of national defence, national security and public order shall be exempted from the supervision and control carried out by IGCTI. + Chapter IV Transitional and final provisions + Article 14 ((1) Government Emergency Ordinance no. 79/2002 on the general regulatory framework for communications, published in the Official Gazette of Romania, Part I, no. 457 of 27 June 2002, approved with amendments and additions by Law no. 591/2002 ,, amend and supplement as follows: 1. Throughout the emergency ordinance, except art. 8 8 para. ((1) and (3), art. 9 9, art. 13 13 para. ((4), art. 45 lit. a), art. 46 46 para. ((1) pt. 21 and 22, as well as art. 66 lit. c), d) and e), the phrase "Ministry of Communications and Information Technology/specialized ministry" is replaced by the abbreviation "IGCTI". 2. Paragraph 3 of Article 62 shall be repealed. 3. Article 62 ^ 1 shall be inserted after paragraph 62: "" Art. 62 62 ^ 1. -(1) By December 31, 2005, IGCTI will review and review all provisions relating to rights of use of frequencies and their related oblibations under licenses, authorizations and agreements issued pursuant to this Agreement. provisions Telecommunications Law no. 74/1996 , as amended, and the associated secondary legislation to ensure compliance with the provisions of the head. III of this Emergency Ordinance, of the National Frequency Bands Award Table and of the regulations in force elaborated on the basis of this emergency ordinance. (2) The right of use of radio frequencies and its related oblibations, including the payment of the spectrum use tariff, shall be exercised, respectively, based on the provisions referred to in par. ((1) and remain valid until the time of the review, except in situations where their holders waive the written request to those rights or do not submit requests for revision of the rights of use of frequencies within the deadlines stipulated in the procedure for issuing licences for the use of radio frequencies, provided for in art. 21. ((3) By reviewing the licenses, authorizations and agreements issued under the provisions Law no. 74/1996 a new right of use of radio frequencies, accompanied by the related oblibations, shall be conferred on the holder under the conditions of this emergency ordinance. " ((4) In the Audiovisual Law no. 504/2002 , with subsequent amendments and completions, except art. 19 19 para. ((1), art. 67 67 and art. 69 69 para. ((1), the phrase "Ministry of Communications and Information Technology" is replaced by the abbreviation "IGCTI". + Article 15 The date of entry into force of this Law shall be repealed Government Decision no. 1.594/2002 on the organization and functioning of the General Inspectorate for Communications and Information Technology, published in the Official Gazette of Romania, Part I, no. 47 47 of 28 January 2003. + Article 16 (1) Within 90 days from the date of entry into force of this Law, Government Decision no. 88/2003 ** **) on radio equipment and telecommunications terminal equipment and mutual recognition of their conformity, with subsequent amendments and completions, Government Decision no. 497/2003 * *) establishing the conditions for placing on the market and functioning of electrical and electronic devices in terms of electromagnetic compatibility, with subsequent amendments and completions, and Government Decision no. 744/2003 ***) on the organization and functioning of the Ministry of Communications and Information Technology, as amended, will be amended and supplemented accordingly. (2) Until the revision of the secondary legislation, the normative acts issued by the Ministry of Communications and Information Technology shall remain in force. (3) Until the appointment of the President and Vice President, the IGCTI leadership will be provided by the persons currently occupying the positions of Managing Director and Deputy Director General. (4) The staff existing on the date of entry into force of this Law shall retain their rights and oblibations established by individual employment contracts and collective agreements. ------------- NOTA C.T.C.E. S.A. Piatra-Neamt: * *) JUDGMENT no. 497 497 of 18 April 2003 , published in MONITORUL OFFICIAL no. 329 329 of 15 May 2003 was repealed by art. 15 15 of JUDGMENT no. 982 982 of 22 August 2007 , published in MONITORUL OFFICIAL no. 645 645 of 21 September 2007. Consequently, the provisions of paragraph ((1) art. 16 16 of Law no. 510 510 of 17 November 2004 on the amendment Government Decision no. 497/2003 become obsolete. ** **) Government Decision no. 88/2003 was republished in the OFFICIAL GAZETTE no. 477 477 of 17 July 2007. *** ***) JUDGMENT no. 744 744 of 3 July 2003 , published in MONITORUL OFFICIAL no. 494 494 of 9 July 2003 was repealed by art. 18 18 of JUDGMENT no. 12 12 of 16 January 2009 , published in MONITORUL OFFICIAL no. 51 51 of 28 January 2009. Consequently, the provisions of paragraph ((1) art. 16 16 of Law no. 510 510 of 17 November 2004 on the amendment Government Decision no. 744/2003 become obsolete. This law was adopted by the Romanian Parliament, in compliance with the provisions of art. 75 75 and art. 76 76 para. (1) of the Romanian Constitution, republished. CHAMBER OF DEPUTIES PRESIDENT VALER DORNEANU SENATE PRESIDENT NICOLAE VACAROIU Bucharest, November 17, 2004. No. 510. ______________