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Regulation (2003:396) On Electronic Communications

Original Language Title: Förordning (2003:396) om elektronisk kommunikation

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General provisions



section 1 of this Regulation applies to electronic communications networks and

communications services and associated facilities and

services and the other on.



The regulation does not apply to content that is transmitted in

electronic communications networks using electronic

communications services.



section 2 of the Swedish Post and Telecom Agency is the supervisory authority under the law

(2003:389) on electronic communications.



The Swedish post and Telecom Agency, for carrying out the

tasks which are the responsibility of the national supervisory authority

According to Regulation (EU) no

531/2012 by 13 June 2012 on roaming on public mobile networks within the

Union. Regulation (2013:48).



section 3 of the Swedish Post and Telecom Agency, to the European Commission

report and publish the obligations imposed under

Chapter 4. paragraphs 3 and 4, and Chapter 5. section 13 of the Act (2003:389) if

electronic communications, the company that

imposed obligations as well as the relevant markets identified

in accordance with Chapter 8. paragraph 5 of the same law.



The Swedish post and Telecom Agency shall promptly notify each

change of these obligations to the Commission.

Regulation (2011:592).



3 a of the Swedish Post and Telecom Agency shall maintain a list of

the number of appeals and interim dispositions

as regards the Authority's decision. The list shall also

the grounds for appeals are set out in brief and

the processing time of the courts shall be recorded.



A summary of the contents of the list, on the

the request shall be submitted to the European Commission and the Agency for

European regulators for electronic

communication. Regulation (2011:592).



section 4 of the Swedish Post and Telecom Agency, notify the

enforcement provisions necessary for questions about registration,

applications, permits, inspection and certification of disputes under

Act (2003:389) on electronic communications.



paragraph 5 of the Swedish Post and Telecom Agency may notify such provisions if

the peacetime national defense planning for the needs of

electronic communications referred to in Chapter 1. § 8 other

subparagraph Act (2003:389) on electronic communications. Post-

the Swedish post and Telecom Agency should take into account issues of priority

subscriptions and Subscriber plans.



Before the regulations relating to the peacetime planning for

the Swedish defence needs of electronic communications will be notified

Swedish Post and Telecom Agency should consult with the armed forces and

The Swedish civil contingencies Agency.

Regulation (2008:1143).



section 6 of the National Post and Telecom Agency may order the

providing electronic communications networks or

electronic communications services of particular importance from

General view that, for remuneration, corresponding to the cost

consider the national defense needs of electronic communications under

preparedness.



Notification



section 7 of the National Post and Telecom Agency shall notify such provisions if

exemptions from the obligation to notify as referred to in Chapter 2. section 1 of the Act

(2003:389) to the electronic communications referred to in section 2 of the other

paragraph, the same chapter.



The Swedish post and Telecom Agency shall, on request, within one week, issue

a confirmation that the notification has been submitted.



section 8 of the National Post and Telecom Agency may decide in respect of recognition

of the telephone company according to rules adopted by the

the International Telecommunication Union and may announce regulations

required for such admission.



§ 9 PTS may decide in respect of registration

of maritime settlement body in accordance with rules adopted by the

the International Telecommunication Union and the regulations

needed for registration.



The right to use radio frequencies and numbers



section 10 of the National Post and Telecom Agency shall examine questions about permits

under the Act (2003:389) on electronic communications.



10 a of the Swedish Post and Telecom Agency may provide for

exemption from the requirement of prior consent for such rental of

State or part of the authorization to use radio transmitters

According to Chapter 3. 24 section Act (2003:389) if

electronic communication, which refers to a shorter period or

otherwise, it is limited in scope. Regulation (2010:1535).



Radio transmitters



section 11 of the National Post and Telecom Agency shall, in accordance with Chapter 3. paragraph 3 of the

Act (2003:389) on electronic communication to decide on

assignment of radio frequencies and the additional conditions that

needed for Police, security police,

The armed forces, the national defence radio establishment and Defence

matériel. Regulation (2014:1270).



section 12 of the Swedish Post and Telecom Agency shall notify such provisions if

exemptions from the permit requirement referred to in Chapter 3. section 1 of the Act

(2003:389) to the electronic communications referred to in Chapter 3. 4 §

the same law.



12 a of the Swedish Post and Telecom Agency may submit to the physical

or legal persons organising examinations and issuing the certificate of

the prescribed competence requirements for the use of

amateur radio transmitters are met and to assign

call signs for such use. Regulation (2011:592).



paragraph 13 of the PTS shall notify such provisions

referred to in Chapter 3. 14 of the Act (2003:389) if

electronic communications.



section 14 prohibition against the possession of electrical or

electronic plants, without being

radio equipment, is intended to send radio waves in other

purposes than referred to in Chapter 3. 14 of the Act

(2003:389) on electronic communications.



The ban does not apply to such facilities as required in

activities of the armed forces, the armed forces '

Radio establishment, or Försvarets materielverk. The prohibition applies

nor are such plants as law enforcement needs

in their bomb protection activities.



The Swedish post and Telecom Agency may, on application by the prison service

decide that the prohibition should not apply to certain such facility that

necessary in a correctional facility or detention within the prison system for

to prevent unauthorized mobile phone communication, if

the plant can be used without harmful interference occurs

outside the prison or detention. Regulation (2014:1270).



section 15 of the National Post and Telecom Agency shall publish transfers

of authorization to use radio transmitters in accordance with Chapter 3. section 23 of the Act

(2003:389) on electronic communications.



Number



section 16 of the National Post and Telecom Agency to set national

numbering plans for electronic communication and notify

regulations about the plans and their use.



section 17 of the National Post and Telecom Agency may provide for

principles for the allocation of numbers.



Open call for applications



section 18 of the National Post and Telecom Agency shall decide pursuant to Chapter 3. 7 §

Act (2003:389) on electronic communications relating to restrictions

the number of permits within a frequency space. Decisions shall be

be published.



The Swedish post and Telecom Agency shall notify the Government when it

reason assume that examination shall be carried out in accordance with Chapter 3. section 8

the electronic communications Act.



section 19 of the National Post and Telecom Agency may provide for the

proceeding under Chapter 3. the third paragraph of section 8 and section 22 of the Act

(2003:389) on electronic communications to be used and

If the content of a public invitation.



section 20 of the cases referred to in Chapter 3. 8 and 22 of the Act (2003:389) if

electronic communications, the provisions of section 17

administrative law (1986:223) if the right of a party to participate in the

information does not apply to data relating to only one

other applicants.



The information that an applicant has submitted in such a case

may be the basis for the Post and Telecom Agency decision

only to the extent that they have been submitted



1. prior to the application deadline, or



2. After this period at the request of the postal and

Telecom Agency.



The Swedish post and Telecom Agency may announce further provisions concerning

the procedure in such cases.



20 a of/expires U: 2016-04-01/

Derogation as referred to in Chapter 3. 8 paragraph 3 law

(2003:389) on electronic communication applies to such

on as needed to meet public policy,

safety or health and conducted by the armed forces,

The Swedish civil contingencies Agency, Coast Guard,

Police, security police, probation and

The Customs and Excise Department.



The exception also applies to radio if it is needed

to accommodate such activities relating to public policy,

security or public health activities conducted by



1. the Government, with the Cabinet Office and the authorities

set out in the annex to the Regulation (2006:942) on emergency preparedness

and preparedness with respect to peacetime crisis management,



2. the municipality or county councils under the Act (2006:544) if

municipalities and County Council actions before and during the extraordinary

events in peacetime and preparedness,



3. municipality, the Swedish Transport Agency, the maritime administration or

the County Administrative Board as regards civil protection under the law

(2003:778) for protection against accidents,



4. the person who owns or exerts dangerous activity on a

facility and that according to the decisions of the County Administrative Board according to 2

Cape. section 3 of the Regulation (2003:789) on protection against accidents is

obliged to reasonable keep or pay for readiness

with staff and property and in General take the necessary

measures to prevent or limit damage to

humans or the environment,



5. The Swedish radiation safety authority in respect of the advice referred to in

Regulation (2003:789) for protection against accidents,



6. city or county councils in relation to acute care and

disaster medicine prepared according to the health care Act

(1982:763),



7. alarm companies in business where authorities assisted with

the support of the law (1981:1104) concerning the activities of certain regional

alarm centres,



8. concessionaire and electricity suppliers under electricity Act

(1997:857) in respect of the activities that are of immediate


importance of maintaining electricity transmission, and



9. the radio and Television Act (2010:696) or

the licence conditions issued pursuant to the Act,

obliged to free broadcast warning message or

messages that are of importance to the public, if an authority

request Regulation (2014:1270).



20 a section/entry into force: 04/01/2016

Derogation as referred to in Chapter 3. 8 section 3 Act (2003:389) on electronic communication applies to such radio needed to cater to public policy, public security or public health and conducted by the armed forces, the Swedish civil contingencies Agency, Coast Guard, Police, security police, probation service and the customs service.



The exception also applies to radio if it is needed to accommodate such activities relating to public policy, public security or public health activities conducted by



1. the Government, with the Cabinet Office and the authorities set out in the annex to the Regulation (2015:1052) concerning emergency preparedness and surveillance measures by the authorities responsible for preparedness in the case of peacetime crisis management,



2. the municipality or county councils under the Act (2006:544) of municipalities and County Council actions before and during extraordinary events in peacetime and preparedness,



3. municipality, the Swedish Transport Agency, the maritime administration or the County Administrative Board as regards civil protection under the Act (2003:778) for protection against accidents, 4. the owning or exercising dangerous activities at a facility, and that according to the decisions of the County Administrative Board under Chapter 2. section 3 of the Regulation (2003:789) on protection against accidents is liable to pay for reasonable emergency preparedness personnel hold or and property and to take the necessary measures to prevent or limit serious harm to people or the environment,



5. The Swedish radiation safety authority with regard to counselling according to the Regulation (2003:789) for protection against accidents,



6. city or County Councils when it comes to emergency care and disaster medicine prepared according to health and medical services Act (1982:763),



7. alarm companies in activities where government agencies assisted with the support of the law (1981:1104) concerning the activities of certain regional alarm centers,



8. concessionaire and electricity suppliers under the electricity Act (1997:857) in respect of the activities that are of immediate relevance to maintain electricity distribution, and



9. the radio and Television Act (2010:696) or the licence conditions issued pursuant to the Act are required to free broadcast warning message or messages that are of importance to the public, if a Government requests it. Regulation (2015:1059).



Decision on certain obligations, etc.



section 21 of the National Post and Telecom Agency shall establish

product and service markets in accordance with Chapter 8. paragraph 5 of the law

(2003:389) on electronic communication and analyzing these

in accordance with Chapter 8. 6 of the same law.



section 22 of the National Post and Telecom Agency shall, in accordance with Chapter 8. 6 §

the second to fourth paragraphs Act (2003:389) on electronic

communication identifying undertakings with significant

an established market and decide whether obligations under 4

Cape. paragraph 4, and Chapter 5. paragraph 13 of the same law. Regulation (2011:592).



22 a of a proposed decision referred to in Chapter 8. 14 a of the law

(2003:389) on electronic communications should have the content

referred to in article 13a (2) and 13a (3) of the European Parliament and of the

Council Directive 2002/19/EC of 7 March 2002 on access

to, and interconnection of, electronic communications networks and

associated facilities (access directive) as amended by:

European Parliament and Council directive 2009/140/EC.

Regulation (2011:592).



section 23 of the Swedish Post and Telecom Agency shall obtain the written opinion

from the Swedish competition authority in matters referred to in paragraphs 21 and 22.

Regulation (2008:238).



section 24 of the Swedish Post and Telecom Agency and the Swedish competition authority shall on

request, disclose such information to each other which is

necessary to enable the authorities to fulfil their

tasks under this regulation.



25 § When the Swedish Post and Telecom Agency to take such decisions as

referred to in Chapter 8. 12 paragraph Act (2003:389) if

electronic communications, the authority shall take into account the opinions

from other competent authorities in the European economic

area, the European Commission and the Agency for

European regulators for electronic

communication.



Authority shall notify the Commission and the Agency for

European regulators for electronic communications

If the decision. Regulation (2011:592).



section 26 of the National Post and Telecom Agency, notify

enforcement regulations on guidelines and a basis for

assessing whether a company shall be deemed to have a significant

influence on an established market.



section 27 of the National Post and Telecom Agency will decide on the obligations

According to Chapter 4. 3, 13A and 14 of the Act (2003:389) if

electronic communications. Regulation (2011:592).



section 28 of the National Post and Telecom Agency shall annually disclose to the public how a

operator pursuant to Chapter 4. section 11 of the Act (2003:389) if

electronic communications ordered to implement a given

cost accounting methodology have complied with the obligation.

Regulation (2014:212).



Services to end users, etc.



section 29 of the Swedish Post and Telecom Agency may decide on the obligation to

universal service obligations as referred to in Chapter 5. 1 §

Act (2003:389) on electronic communication and shall notify

the company imposed the obligations to the European

the Commission.



The Swedish post and Telecom Agency may impose obligations under 5

Cape. 2, 4 and 18 of the law on electronic communications.

Regulation (2010:1535).



29 a of a connection in accordance with Chapter 5. Article 1, first paragraph 1 Act

(2003:389) on electronic communications should be designed so

to an end user who requests it can receive data with a

speed of at least 1 Mbit/s. If this within a reasonable time,

satisfied by any other connection, the speed of

the connection may be lower. Regulation (2011:1587).



29 b of the National Post and Telecom Agency may provide for

minimum quality of service for undertakings providing

public communications networks, if necessary, to prevent

prevented or slowed traffic in the net or deterioration of

the quality of publicly available electronic

communications services.



Before the authority makes regulations shall submit a

proposals to the European Commission and to the Agency for

European regulators for electronic

communication. The authority shall, in the design of

the regulations take into account the Commission's comments or

recommendations concerning the proposal. Regulation (2011:592).



section 30 of the Swedish Post and Telecom Agency may provide for



1. the manner in which the obligations under Chapter 5. 6 b, 6 c and

6 e-7 (b) of the Act (2003:389) on electronic communications

to be performed,



2. derogations from obligations pursuant to 1, except in the case of 5

Cape. 6 e §,



3. the information subject to the obligations under 5

Cape. 7 section 2-4, and



4. the requirements to be met by the provision of

information in accordance with Chapter 5. 7 paragraph 2.

Regulation (2011:592).



30 a of the Swedish Post and Telecom Agency shall submit annually to the European

the Commission and the European network and

information security leave a statement on reported

interference or interruption of a significant scale referred to in

Chapter 5. 6 c § Act (2003:389) on electronic communications.



When such disturbances and interruptions occur, the authority shall

If necessary, inform the European

regulators for electronic communications and the

the European network and information security agency.

Regulation (2011:592).



30 b of the National Post and Telecom Agency may provide that

the provider of a publicly available telephone service

to offer subscribers the ability to otherwise than as

specified in Chapter 5. 7 paragraph 4, section 7 a or 7 b of the Act

(2003:389) on electronic communication control

costs for the use of the service. Regulation (2011:592).



section 31 of the National Post and Telecom Agency may provide for the

how the obligations under Chapter 5. section 9 of the Act (2003:389)

Electronic Communications Act to be performed, and if the exception

from the obligations and may, on a case by case basis, decide on the

derogations from those obligations, if there are special reasons.



Before the authority makes regulations referred to in the first subparagraph

shall seek the opinions of the public prosecutor's Office and

The police authority. Regulation (2014:1270).



32 § the Swedish Post and Telecom Agency shall annually disclose to the public how a

operator in accordance with Chapter 5. section 13 of the Act (2003:389) on electronic

communication ordered to apply a certain maximum or

lowest price complied with that obligation.



33 § the Swedish Post and Telecom Agency, notify

enforcement regulations for the manner in which a notice

According to Chapter 5. 15 c § Act (2003:389) on electronic

communication shall be provided. Regulation (2014:147).



§ 34 PTS may announce regulations

necessary for the enforcement of Chapter 5. 1 – 4, 6, 10, 11, 15, 16,

17 and 18 of the Act (2003:389) on electronic communications.



Before the authority makes regulations on the enforcement

of Chapter 5. section 11 shall seek the opinions of

The Prosecutor's Office, the police and the security police.

Regulation (2014:1270).



34 a of the Swedish Post and Telecom Agency may provide for

protective measures in accordance with Chapter 6. section 3 of the Act (2003:389) if

electronic communications. Regulation (2011:592).



The protection of privacy, etc.



34 b of the National Post and Telecom Agency may provide for the


how the obligation to notify

integrity incidents according to Chapter 6. 4 a of the Act (2003:389) if

electronic communication to be performed and on exemption from

the obligation.



The authority may also provide for the content of a

such a list of privacy incidents referred to in 6

Cape. 4 b of the same law. Regulation (2011:592).



34 c § the Swedish Post and Telecom Agency is the competent national authority,

According to the Commission Regulation (EU) no 611/2013 of 24

June 2013 on measures applicable to the notification of

personal data breach pursuant to European Parliament and Council

Directive 2002/58/EC as regards the privacy and

electronic communications. Regulation (2013:725).



§ 35 PTS, with regard to the processing of

information for electronic communications announce closer

regulations on



1. what data may be processed in accordance with Chapter 6. section 6 of the first

and second subparagraphs Act (2003:389) on electronic

communication, and



2. the requirements shall be placed on a publicly available

telephony service that permit the identification of the calling or

connected phone number or call forwarding.



36 § the Swedish Post and Telecom Agency, after consultation with the

The Prosecutor's Office, the police and the security police



1. notify the implementing provisions necessary for

secret interception of electronic communications and secret

monitoring of electronic communications pursuant to Chapter 6. § 19

Act (2003:389) on electronic communications, and



2. in individual cases, waive the requirement under Chapter 6. § 19

first paragraph, the same law. Regulation (2014:1270).



36 a of the Swedish Post and Telecom Agency, after consulting with the defense

Radio establishment notify such provisions if the liaison points

referred to in Chapter 6. 19 a of the Act (2003:389) on electronic

communication. Operators who appoints liaison points,

notify the national defence radio establishment.

Regulation (2008:928).



Storage and the processing of traffic data, etc. for

law enforcement purposes



37 § It is obliged to retain data in accordance with Chapter 6. 16

a of the Act (2003:389) on electronic communication shall take

the necessary measures to ensure that the stored

the data are of the same quality and subject to the same

Security and protection at the treatment that occurred prior to

the storage.



The storage obligation should take the necessary measures to

protect the data against accidental or unauthorised destruction

and accidental loss or alteration. Such measures shall

also be taken to prevent unauthorized storage, treatment

of or access to and disclosure of

the data. The data may be made available only to

personnel with special permission.



The Swedish post and Telecom Agency may, after consulting the

Police, security police and Swedish Data Inspection Board,

announce details relating to the measures to be taken

According to the first and second subparagraphs. Regulation (2014:1270).



38 section to fulfil the obligation in Chapter 6. 16 a of the

Act (2003:389) on electronic communication, the

the storage obligation to store the tasks set out in paragraphs 39 to 43.

Regulation (2012:128).



39 § with regard to the telephone service, the following are stored:



1. the calling number,



2. dial-up number and the number that the call has been guided to,



3. details of calling and dial-up Subscriber and, in

where appropriate, registered user,



4. date and traceable time when the communication was initiated and

was completed, and



5. information on the services that have been used.

Regulation (2012:128).



40 § with regard to telephone service via a mobile

network termination point should, in addition to those mentioned in section 39, the following

is stored:



1. the caller's identity and uppringds subscription and

equipment identity,



2. location data at the start of the communication and

end, and



3. date, traceable time and location data for the

first activation of a pre-paid anonymous services.

Regulation (2012:128).



41 section when it comes to telephony service that uses ip packets for

transfer shall, in addition to those mentioned in paragraphs 39 and 40, the following

is stored:



1. the caller's and uppringds ip addresses,



2. date and traceable time for log on and in the

services used;



3. information that identifies the equipment where

communication terminal is separated from the storage obligation

to the individual subscriber.



If the final separate communication to the

individual subscriber is anyone who does not fall within the scope of Chapter 6. 16 a of the

Act (2003:389) on electronic communication, the first

paragraph 3 shall apply to the separate communications to the

Finally separates individual communication

Subscriber. Regulation (2012:128).



42 § with regard to messaging, the following are stored:



1. sender's and recipient's number, ip address, or other

message address,



2. information about sending and receiving Subscriber and, in

where appropriate, registered user,



3. the date and time for traceable log in the

services used;



4. date and traceable time of dispatch and receipt of

message, and



5. information on the services that have been used.

Regulation (2012:128).



43 § with regard to internet access and the provision of

capacity to obtain internet access (connection) to

the following are stored:



1. the user's ip address,



2. information on the Subscriber and, if applicable, the registered

users,



3. the date and time for traceable log in service

provides internet access,



4. the type of capacity for the transfer that has been used, and



5. information that identifies the equipment where

communication terminal is separated from the storage obligation

to the individual subscriber.



If the final separate communication to the

individual subscriber is anyone who does not fall within the scope of Chapter 6. 16 a of the

Act (2003:389) on electronic communication, the first

paragraph 5 shall apply to anyone who separates the communication to the

Finally separates individual communication

Subscriber. Regulation (2012:128).



§ 44 PTS may announce detailed rules

If the data to be retained under sections 39 to 43.

Regulation (2012:128).



§ 45 PTS, ahead of decisions on exemptions

from the storage requirement of Chapter 6. 16 b of law

(2003:389) on electronic communication hear

The Prosecutor's Office, the police and the security police.

Regulation (2014:1270).



§ 46 PTS may, after consulting the

Police, security police and customs service, notify

regulations on remuneration in accordance with Chapter 6. 16 e law

(2003:389) on electronic communications.

Regulation (2014:1270).



Financing of actions against serious threats and pressures



47 § Fee in accordance with Chapter 8. section 18 of the Act (2003:389) on electronic

communication shall be paid annually and shall be limited to a maximum of 4

per cent of the annual turnover of the activities covered by

notification. The annual turnover is less than 30 000 000 kr, no

fee is paid.



The Government determines by 31 december each year

the size of the total contributions for this funding

during the next year.



The Swedish post and Telecom Agency, notify the

enforcement provisions that are needed if the fee.

Regulation (2012:128).



Miscellaneous



48 § the Swedish Post and Telecom Agency may decide on the obligation to

keep separate accounts for the activities in accordance with Chapter 8. section 16 of the Act (2003:389)

on electronic communications. Regulation (2012:128).



section 49 PTS shall, further to a reasoned request, provide

information obtained pursuant to the provisions of the Act

(2003:389) on electronic communication to the European

the Commission or other competent authorities within the European

economic area, if it is necessary to

These authorities shall be able to carry out their tasks.



If the information relates to information previously

made by an individual at the request of the Swedish Post and Telecom Agency,

should the individual be informed accordingly. Regulation (2012:128).



Transitional provisions



2003:396



1. This Regulation shall enter into force on 25 July 2003.



2. The regulation repeals the telecommunications code (1997:399) and

Regulation (1993:600) if radio communication.



3. for the period from entry into force until 31

December 2003, the levy under section 37 to be $0.



2007:449



This Regulation shall enter into force on 1 July 2007 and apply

first time in fixing the amount of the individual fee that

taken out in 2008. For charges relating to the year 2007,

37 of its older version. Regulation (2007:691).