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Act (2003:389) On Electronic Communications

Original Language Title: Lag (2003:389) om elektronisk kommunikation

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Chapter 1. General provisions



Introductory provisions



Article 1 the provisions of this law is aimed at individual and

authorities to have access to safe and effective

electronic communications and the greatest possible exchange what

apply to the selection of electronic communications services and

their price and quality.



The aim is to be achieved mainly by competition and the

International harmonization in this area promoted.

Universal service shall, however, always be

available for all equivalent conditions throughout the country to

affordable prices.



At Act's application shall in particular be considered electronic

communications relevant to freedom of expression and

freedom of information.



section 2 of the action taken under this Act may not be more

intervention than that seems reasonable and should be

proportionate in the light of the Act's purpose and the other

interests referred to in paragraph 1.



section 3 of The Government authority determines must receive

notifications, try applications, decide on the obligations and

otherwise examine issues and deal with cases and exercising supervision

under this Act, or pursuant to the provisions adopted pursuant to

of the law.



The scope of the law



section 4 of this Act apply to electronic communications networks and

communications services and associated facilities and

services and the other on.



The law does not apply to content that is transmitted in

electronic communications networks using electronic

communications services.



§ 5 the provisions of this law is not a substitute for rules about

review under other law.



In addition to the provisions of paragraph 6 of this law, there is in broadcasting

tv-law (2010:696) rules on the broadcasting of sound radio

and television programs that are targeted to the general public and intended

to be received by technical means.



If the equipment contains provisions in the Act (2000:121) on the radio

and telecommunications terminal equipment. Law (2010:720).



Definitions



section 7 of the Act referred to in



"Subscriber" means a person who has entered into a contract with a supplier of

publicly available electronic communications services about

the provision of such services,



Subscriber information: employment commercial activities for enlightenment

If the Subscriber information to the public or for the delivery of

Subscriber data for such a purpose,



"public communications network" means an electronic communications network that

wholly or mainly for the provision of

publicly available electronic communications services and

to support the transfer of information between

network termination points,



user: anyone who uses or requests a publicly

available electronic communications service;



"electronic communications service" means service normally

provided for remuneration which consists wholly or mainly in the

conveyance of signals on electronic

communication networks,



electronic communications network "means transmission systems and in

where applicable, switching or routing equipment and

passive network elements and other resources which permit the conveyance of

signals, by wire or by radio, by optical or by

other electromagnetic media regardless of the

type of information transmitted,



localization task: task is processed in an electronic

communications networks or electronic communications services

and indicating the geographic position of the

the terminal equipment of a user,



network termination point: the physical point at which a Subscriber

connects to a public communications network;



emergency calls: calls to the alerting service via a

number within the defined numbering plan for telephone,



' operator ' means the holding or otherwise prevails over a

public communications network or an associated installation,



Radio: device that allows radio communications

or the determination of position, velocity, or other

characteristics of an object through the transmission of radio waves

(radio transmitter) or reception of radio waves

(radio receiver),



Radiocommunication: transmission, broadcasting or reception of

signs, signals, writing, images, sounds or messages of

each stroke using radio waves,



radio waves: electromagnetic waves of frequencies from 9

kilohertz to gigahertz which is spreading without special

co-organised by the leader,



call: connection for the transmission of speech that allows

two-way communication,



interconnection: the physical and logical linking of public

communications network in order to make it possible for users to

communicate with each other or access services

provided in networks,



"harmful interference" means interference which endangers the functioning of a

radionavigation service or other safety services,

or which otherwise seriously degrades, obstructs, or

repeatedly interrupts a radiocommunications service operating in

accordance with the provisions in force, including the disruption of

existing or planned services on nationally allocated

frequencies,



end users: users who do not provide general

communications networks or publicly available electronic

communications services,



telephone service: electronic communication service that provides

the ability to dial or receive calls through one or

several numbers in a national or international

telephone numbering plan;



the associated installation: device, function or else

associated with an electronic communications service or a

electronic communications networks, enabling, support

or can support the service, or the provision of

services via that network and/or service,



vertically integrated operator: an operator providing

services to undertakings with which it competes with on markets in

subsequent trade. Law (2011:590).



Communication activities in the war, etc.



section 8 Is Sweden in war or war danger or there is such

exceptional conditions that are caused by the fact that it is

war beyond the borders of Sweden or by the fact that Sweden has been in

war or war danger, the Government announce the regulations on

electronic communications networks and services with

associated installations and services and other

on as needed, taking into account the country's defense

or security in General.



The Government or the authority that the Government may

provide for the peacetime planning for

the Swedish defence needs of electronic communications under

such conditions specified in the first subparagraph.



§ 9 The providing electronic communications networks

or electronic communications services of particular importance

from the public point of view may be ordered to take account of the specific

the Swedish defence needs of electronic communications under the height

preparedness.



Chapter 2. Notification



section 1 of the public communications networks such as usually

provided for remuneration or publicly available

electronic communications services may only be provided

After notification to the Government authority determines

(the regulator).



2 section For activities which consist in transferring signals

by wire for transmission to the public of programs of sound radio

or other specified in Chapter 1. Article 1, third paragraph

freedom of expression needs no notification pursuant to paragraph 1 are not

be made.



The Government or, by authority of the Government,

the supervisory authority may provide for additional

exemption from notification pursuant to paragraph 1.



§ 3 The carrying on business that is notifiable

According to § 1 shall apply such standards as the European

the Commission designated as mandatory in a list

published in the official journal of the European Union.

Law (2010:497).



section 4 of The who is enrolled under section is required to promptly

report on the activity ceases.



section 5 of the Government or the authority that the Government may

provide for recognition of the operator according to

rules adopted by the International Telecommunications Union.



section 6 of the Government or the authority that the Government may

decide on the registration of maritime settlement bodies

According to rules adopted by the International Telecommunication Union

and notify the regulations needed for registration.



Chapter 3. The right to use radio frequencies and numbers



Radio transmitters



Permission to use radio transmitters



section 1 Of that here in the country or on a Swedish vessel or

aircraft abroad use radio transmitters required permits

under this chapter. A permission to use radio transmitters

shall be entitled to use a given radio transmitters or to

use radio transmitters within a certain frequency space.

Law (2010:497).



section 2 regarding the use of frequency space and the terms and

the procedure for granting permission to use

radio transmitters have been harmonized in accordance with international

agreements which Sweden has acceded or provisions

adopted on the basis of the Treaty on European Union

behavior, which have been granted such permission

considered to be licensed under section. Law (2010:497).



section 3 authorisation pursuant to paragraph 1 shall not apply to

Police, Security Police, Armed Forces,

National defence radio establishment and the Swedish defence materiel administration, at

activities that work carries out on behalf of the armed forces

or the national defence radio establishment.



After hearing of the military decides the authority

the Government decides on the allocation of radio frequencies for

The armed forces, the national defence radio establishment and Defence

materiel and the additional conditions as needed. When


the case of the police and the security police, decides

the authority that the Government decides on such matters after

hearing of these authorities. Law (2014:734).



section 4 of the Government or the authority, as the Government determines

may provide for exemptions from the permit requirement

According to § 1. In doing so, it may be provided that conditions that the

radio where the transmitter is included must meet certain

technical requirements, as well as in other such terms and conditions as set out in section 11 of the

first paragraph 1-7 and 9 and 11 a of 1, 2 and 4. Conditions

restrict what electronic

communications services or technologies that may be used

get notified only in the cases provided for in paragraph 11 of the other and

third subparagraphs.



The exception referred to in the first subparagraph may be limited in time, in which case section 12

the second paragraph has a corresponding application. Law (2011:590).



§ 5 the under or in accordance with regulations issued

by virtue of section 4 is exempted from licence shall at

application of this Act shall be deemed to be authorized under paragraph 1.



The authorisation procedure



section 6 of the authorization to use radio transmitters shall be granted:



1. it can be assumed that the radio frequencies will be used on

such a way that the risk of unauthorized harmful interference does not

arise,



2. radioanvändningen is the effective use of

frequency space,



3. it can be assumed that radioanvändningen will not prevent

such radio communication which is particularly important in view of

to the free formation of opinion,



4. radioanvändningen will not take

frequency space as needed to maintain a reasonable

readiness for development of existing and new

radioanvändningar or frequency space for which

radioanvändningen have been harmonized in accordance with

international agreements which Sweden has acceded or

provisions adopted pursuant to the Treaty on European

the functioning of the



5. it can be assumed that radioanvändningen will not

interfere with the frequency space needed for activities

referred to in section 3, and



6. it is not in view of the fact that the applicant has previously had

permit revoked, or other similar relationship

There are reasonable grounds to believe that the radioanvändningen will

be made in breach of the licence conditions.



Permission to use radio transmitters for broadcasts that

require a permit under the law or under other provisions

announced with the support of other law, may be notified only if

such a condition exists.



If the permit relates to a particular radio transmitter to this,

along with the intended receiver, be such as to ensure the

technically to meet the reasonable demands on a

efficient frequency use and on the ability to operate in

the environment in which it is intended. Law (2010:497).



7 § the number of authorizations granted within a frequency space

limited, if it is necessary to ensure the effective

the use of radio frequencies. A decision to limit the number of

authorizations shall be reviewed as soon as there is a reason for it.



section 8 when the number of permits has been limited under section 7, shall

the granting of permits occur after open call for application,

unless there are special reasons causing the other.



The first subparagraph shall not apply to such as radio



1. mainly refers to the transmission to the public of programs

in sound radio or other things referred to in Chapter 1. Article 1, third paragraph

freedom of expression,



2. is intended for private use, or



3. needed activities in order to meet

public policy, public security or public health.



Review under the first paragraph shall be released on the basis of a comparative

selection procedure, after a tender procedure where the price

the applicant is willing to pay for the permit shall be

decisive or a combination of these

procedures.



The Government or the authority that the Government may

provide for the content of a general invitation

pursuant to the first subparagraph, which on that subject

the derogation in the second subparagraph 3 and if the proceedings referred to in the third

paragraph. Law (2010:497).



9 repealed by law (2011:590).



10 repealed by law (2011:590).



Terms and conditions



section 11 of the authorization to use radio transmitters may be subject to

terms and conditions of



1. the frequency space which the permit applies;



2. the electronic communications services

or kind of electronic communication networks or technologies

as the authorization applies;



3. coverage and expansion within the country,



4. the geographical area to which the permit applies;



5. obligation of the applicant to share frequency space with the other,



6. such as in accordance with a harmonised

the use of radio frequencies shall be imposed as a condition when

the to be assigned radio frequency designated in accordance with

international agreements or rules adopted pursuant

the Treaty on the functioning of the European Union,



7. obligations arising from the relevant international

agreements relating to the use of frequencies,



8. the commitments that have been made in connection with the granting of

permit under section 8, as well as



9. technical requirements and other things necessary to ensure an

actually and effectively frekvensutnyttjande.



Conditions referred to in the first subparagraph, which involves a restriction of

which electronic communications services or what techniques

may be used, may be notified only if it is required to



1. avoid harmful interference,



2. ensure the effective frekvensutnyttjande,



3. protect human life or health,



4. meet the general interest in certain electronic

communications services available in some parts of the

country, or



5. satisfy the public interest by promoting

the provision of broadcasting services for which

authorisation granted in accordance with other teams.



Conditions which means that only a certain electronic

communications service may be provided, may be communicated only

If required to ensure the activities carried out in

order to protect human life or health, or if the

otherwise, there are serious reasons for it, in the light of a

general interest. Law (2011:590).



11 a of An authorisation to use a specific radio transmitter may,

In addition to that specified in section 11, be subject to conditions if the



1. the antenna and the radio transmitter characteristics,



2. the geographical area in which a mobile radio transmitters,

be used,



3. where the antenna to a fixed radio transmitters shall be located;

as well as the



4. the requirements for the competence of the operating equipment.

Law (2010:497).



State time



section 12 Permits shall be granted for a fixed period of time.

The period of validity of the licence conditions may be less than

the authorisation period.



When the validity period of the permit and permit conditions are determined

shall in particular be taken into account



1. future changes in radioanvändningen,



2. the amount of time that the transmitter is intended to be used,



3. the technical development as can be expected,



4. the time required to achieve a reasonable financial

Exchange of equipment, and



5. the authorisation referred to in paragraph 6, second subparagraph, constitutes

requirement for authorization to use radio transmitters.



12 a of the authorization to use a particular transmitter, at

the expiry date may be extended with the same time as

the State recently has applied, but with five years at the

each time, if the conditions for communicating

permit referred to in section 6 are met. Extension shall be

only if the period of validity of the authorization exceeding six

months.



Extension should occur with a shorter time than provided for in the first

the first sentence or on amended terms, if the

the conditions to grant a permit referred to in section 6,

thus can be fulfilled or if the holder of the authorization requests it.



If the licensee so requests, the validity period is not

extended. Law (2010:497).



12 b of the period of validity of an authorization to use

radio transmitters within a certain frequency space may not

extended. Law (2010:497).



The use of amateur radio transmitters



12 c § Government or authority the Government determines

may submit to the natural or legal persons that

organizing tests and issue the evidence that the prescribed

competence requirements for the use of amateur radio transmitters are

met and assigning call signs for such

use.



A decision on surrender in accordance with the first subparagraph,

be revoked, if the provider or issuer is organizing tests,

issuing the certificate or assigns call signs in violation of

applicable regulations or otherwise proves inept

to fulfill the task. Law (2011:590).



Measures against interference



section 13 if there arise harmful interference, the licensee shall

immediately ensure that the disturbance ceases, or in so far as possible,

reduces, if not the interference is allowed. The same applies to the

using a radio receiver that interferes with the use of a

other radio receivers.



section 14 of the electrical and electronic installations, without

being radio equipment, is intended to supply radio frequency

energy for purposes of communication in management or for

industrial, scientific, medical or any other

similar purposes, may be used only in accordance with

regulations announced by the Government or authority

the Government determines.



The Government or the authority that the Government may

provide for the prohibition of the possession of electrical or

electronic installations not covered by the first subparagraph

and that, without being radio equipment, is intended to send

radio waves.



Number



Numbering plans



section 15 of the Government or the authority, as the Government determines


may lay down national numbering plans for electronic

communication and provide for plans and their

use. Plans shall be designed so that the electronic

communications networks and electronic communications services, can

be accessed in an equivalent manner.



section 16 of The doing business which is notifiable

According to Chapter 2. § 1, or provide electronic

communication services in roaming with the operator of such

activities, are required to follow established numbering plans.



section 17 of the provider of a publicly available

telephony service that offers the opportunity for international calls,

to be able to handle all calls to the European

numbering space 3883. The tariffs to be applied for these calls

should be similar to those applied for calls to and

from other States within the European economic area.

Law (2011:590).



section 18 of The establishing national numbering plans will keep

these publicly available, except in the case of data for

What are the privacy concerns in accordance with Chapter 15. section 2 of the public access to information and

secrecy (2009:400). Law (2009:500).



Permission to use the number



section 19 of the Numbers from the national numbering plan may only be used

After authorization. State shall refer to the series of numbers or

individual number.



The Government or the authority that the Government may

provide for principles for assigning numbers.



section 20 of The assigned a number sequence must not

discriminate against other providers of electronic

communication services in respect of which the number that gives

access to services in the networks.



paragraph 21 of the permission to use the number may be subject to conditions if the



1. the nature of the service that the number shall be used,



2. actual and effective use of number,



3. reasonable validity subject to any changes

in the national numbering plan,



4. the commitments that have been made in connection with that condition

granted under section 22, and



5. obligations under relevant international agreements

in the case of use of numbers.



Number of significant economic value



section 22 Permits to use number of significant economic value

may be granted after a public invitation to the application. Such a

permission shall be granted after



1. a comparative selection procedure,



2. an invitation to tender where the price the applicant is willing to

pay for the permit shall be decisive,



3. a process of random assignment, or



4. a combination of procedures according to 1-3.



The Government or the authority that the Government may

provide for the content of a general invitation and if

proceedings referred to in the first subparagraph.



Transfer and rental by State



section 23 of the State or part of authorization to use

radio transmitters or number may be transferred with the consent of the

the authority which issued the authorization. Such consent shall

provided, if



1. the transferee meets the requirements imposed on the applicant in

When the permit was issued,



2. There is no reason to assume that the transfer affects

effect on competition,



3. transfer does not result in change of use of

radio frequencies, if this is harmonised according to

provisions adopted pursuant to the Treaty on European

the functioning and



4. There is no other particular reason against it.



The purchaser assumes the transferor's rights and obligations

under this Act, for the period after the consent. At the time of transfer

the part of the State, the element is considered as a

new State.



By consent, the authority may notify the new or amended

conditions of the transfer.



A transfer in violation of this clause is without effect.

Law (2010:497).



section 24 of the provisions relating to the transfer of a licence or part of

condition in paragraph 23, second subparagraph, first

sentence and fourth subparagraph shall also apply to rental

of the State or part of the authorization to use radio transmitters.



The Government or the authority that the Government may

provide for exceptions to the requirement for consent

at the rental for a shorter period or otherwise of

to a limited extent. Law (2010:497).



Chapter 4. Interconnection and other forms of access, etc.



Obligation to negotiate interconnection, etc.



(1) the operator of a public communications network is required to

negotiate interconnection with the providing or intends

the provision of publicly available electronic

communications services.



section 2 of The program in conjunction with the negotiation referred to in paragraph 1 shall

some of the information on another company's business and

operating conditions must not improperly disclose

or take advantage of what he or she has a part of or

access to. In the public activities should apply

public access to information and secrecy (2009:400).

Law (2009:500).



Special obligations



section 3 of The controlling access to end-users must

ordered to interconnect to the remuneration

or take any other action necessary to ensure that

end users can reach each other.



An obligation under the first subparagraph may also refer to an obligation

to make services compatible with other operators ' services.

Law (2011:590).



section 4 an operator in accordance with Chapter 8. section 7 has a significant

market power on a specific market, in accordance with Chapter 8. 6 §

imposition of one or more of the obligations set out in the 5-12

§§. The operator may also incur an obligation under section 12.

Of the 12 c § follows that an operator can voluntarily undertake a

obligation under section 12 (a) and that this is tantamount to

an obligation. Obligations under this chapter should refer to

to create effective competition.



Such operator shall also in cases other than those specified in this

Chapter required for access, if there are

serious reasons for it, and the measure is approved by the European

the Commission. Law (2010:497).



§ 5 an operator referred to in paragraph 4 may be ordered to in a

reference offer or otherwise publicize

detailed information on the



1. accounting,



2. technical specifications,



3. network features,



4. conditions for supply and use, including

conditions that limit access to and use of certain

services,



5. pricing, or



6. other conditions needed for the transparency of

interconnection and other forms of access.



A decision on the obligation referred to in the first subparagraph shall contain

notice of the information which should be provided, how

detailed these should be and how they should

be published.



The operator may be required to change a task, if it is

necessary for it to comply with an obligation

adopted pursuant to this chapter.



A decision as referred to in the first or third paragraph may be subject to

liquidated damages. Law (2011:590).



section 6, an operator referred to in paragraph 4 shall be obliged to apply the

non-discriminatory terms in their activities. Such

obligation shall in particular ensure that:



1. the operator under comparable circumstances apply

level playing field for other providers of equivalent

services, as well as



2. the services and information that the operator offers

others are provided under the same conditions and with the same quality

that goes for the operator's services or for the subsidiary

or partners.



section 7 an operator referred to in paragraph 4 may be obliged to disclose

and reporting specified activities related to

interconnection and other forms of access. Such an obligation

may relate to the operator to apply a transparent pricing

for other operators and internal transfer or

provide an agency his report, including

data on revenues from the other.



section 8 an operator referred to in paragraph 4 may be required to meet

reasonable requests for access to and use of networks and

associated installations in order to provide

electronic communications services. Such an obligation may

refer to the operator should



1. provide access to specified network elements and

related installations, including such access as

required to enable selection and carrier preselection and

deals on resale of subscription,



2. lengthen an already granted access to associated

installations,



3. provide other operators specified services for

resale,



4. granting access to technical interfaces, protocols and

other key technologies that are indispensable for the interoperability of

services,



5. offer co-location or other

the common use of the related installations,



6. provide specified services needed to

ensure the interoperability of services right up to

end users,



7. provide access to operational support systems or similar

software systems necessary to ensure fair competition

as regards the provision of services,



8. provide access to such services, which allow for,

supports or can support the provision of services via

electronic communications networks or electronic

communications services,



9. interconnect or otherwise take action so that the power

or associated installations can be connected.



Decision referred to in the first subparagraph may be subject to the conditions

needed to ensure normal network operation. Conditions relating to

follow specific technical standards or specifications shall

However, only apply such standards as the European


the Commission has specified as mandatory in a list

published in the official journal of the European Union.

Law (2011:590).



§ 9 an obligation under section 8 relating to access to a

public communications network between a cross join or

equivalent access point and a fixed network termination point,

reconciled with the obligation to publish such a

reference offer specified in § 5. The offer must contain

the information referred to in article 9(4) of Directive of the European Parliament and of

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. Decision

on the obligation to publish a reference offer must

combined with a penalty. Law (2011:590).



section 10 for the purposes of section 8, shall in particular be taken into account



1. the technical and economic viability for use and

installation of alternative power supplies or related

installations, taking into account market trends

as well as the nature and type of interconnection and other forms of access;



2. the available capacity,



3. the risks that an initial investment for the owner of the network

or associated installations,



4. the need to safeguard competition in the long term,



5. intellectual property rights concerned, and



6. the interest of cross-border services within the European

economic area. Law (2011:590).



section 11 of the operator referred to in paragraph 4 shall be obliged to observe

cost recovery or apply cost-oriented or

different pricing for specified types of interconnect and

other forms of access. This may happen if a market analysis

in accordance with Chapter 8. section 6 shows that a lack of effective competition

means that the operator can take out over prices or use

price pressure in a manner unfavourable to the end users.



The obligation referred to in the first subparagraph may, in connection with the

the obligation is imposed or later, be reconciled with the obligation

to apply a specific maximum or minimum price for interconnection

and other forms of access subject to the obligation.



The obligation referred to in the first subparagraph may also refer to:

obligation for the operator to apply a certain

cost accounting method. Such an obligation shall be reconciled

the obligation to make a description of the method available

for the general public. The main categories of costs and policies

for cost allocation shall be indicated in the description.



Anyone who has ordered the cost orientation of its

pricing should, if obligation has not been accompanied by a

obligation under the second subparagraph, the view that prices are

fair and reasonable with respect to costs and may

imposed obligation to adjust their prices. Law (2014:211).



section 12 for the purposes of section 11, account shall be taken of the

investment made by the operator. Such an obligation

specified in section 11 shall be designed so that the operator will receive a reasonable

return on capital investment.



Functional separation



12 a of If there are serious reasons for a vertical

integrated operator, which, pursuant to paragraph 4, first subparagraph, first

the sentence imposed on a duty to provide access, ordered

to organizationally isolate the activities have

linked to the decision on the obligation. The separation should occur

in such a way that the activities carried out by an independent

business unit and, in particular, seek to ensure non-

discrimination and transparency. Law (2011:590).



12 b of an obligation under section 12 may be subject to terms and conditions

as a aims to secure the separated companies become more independent

in relation to the operator's own sales activities in

retail customer. The conditions may include a requirement that the operator's

influence over operations are being restricted by organizational

actions or activities should be driven by a separate

legal person. Condition that the activities must be

under independent management may also be imposed. Law (2008:473).



§ 12 c If an operator referred to in paragraph 12 (a) undertakes to segregate

such activities indicated therein in order to ensure non-

discrimination and transparency, the obligation is accepted. A decision on the

to accept the undertaking may be taken only where there are serious

reasons. The decision is tantamount to an obligation for the

the operator to comply with the obligation. The decision may relate to a specific

time. As long as the decision applies, any obligation under

12 a of will not be given in those respects that commitment includes.



A decision as referred to in the first subparagraph may be withdrawn if the



1. the circumstances which were the basis for the decision has

changed in any material respect,



2. the decision is in breach of any part of the undertaking,

or



3. the decision was based on incomplete, incorrect or

misleading information that the operator has provided.

Law (2008:473).



Other provisions



section 13, an operator shall not be obliged to apply different

conditions for equivalent services.



An obligation concerning access shall be attached to the

services actually provided, subject to the

conditions adopted in accordance with Chapter 3. 11 or 11 a §.

Law (2010:497).



13 a of an operator, or someone who owns the wires in a

public communications network that the operator's control, may, after

the application of the other ordered to against remuneration

provide the common use of wires in a

building or up to the first outlet or

a disambiguation page instead.



An obligation under the first subparagraph may be requested only if

establishment of additional infrastructure deemed unprofitable or

physically infeasible. Law (2011:590).



section 14 an operator shall, at the request of another operator, even

otherwise than in accordance with paragraph 5 or 13 a of the

ordered to provide for remuneration

applicant co-location or other

the common use of the property or otherwise, if it



1. is of importance for the protection of the environment or to achieve

objectives for land use planning, or



2. necessary to protect public health or public safety.



A binding within the meaning of the first subparagraph may include a

the obligation for compensation for damage

costs implementation of bracing or extension of a mast for

electronic communications or other similar measures

required for a service.

For pliktandet shall not entail an obligation to replace a

existing mast with a new one. Law (2011:590).



Chapter 5. Services to end users, etc.



Universal service



1 § if necessary to the following universal

services should be available at affordable prices,

It assessed suitable for the ordered to to affordable

price



1. meet reasonable requests for connection to a public

communications network in a fixed network connection point

permanent place of residence or regular place of business,



2. meet reasonable requests for access to publicly available

telephone services at a fixed network termination point of the Permanent

residence or permanent establishment to everyone who

demand for this service,



3. in a directory, which is updated annually, do

information on all telephone line is available in the

so far as they are not covered by the obligation of professional secrecy or confidentiality

by law,



4. provide a full enquiry service regarding

telephone subscriptions to the extent that such data as

not covered by the obligation of professional secrecy or confidentiality

by law,



5. provide public pay telephones or other places with

universal access to voice telephony to an extent in question

the quality, quantity and geographical distribution meet

the public's needs, or



6. provide people with disabilities access

to the services referred to in 2 to 5 in the same extent and on the

equivalent conditions for other end users and meet

the needs of people with disabilities is of

special services.



Access to universal services should be ensured

through procurement by the State if it is especially necessary with

account of the costs of the provision of the service

or online. Law (2011:590).



paragraph 2 of the article 1 of shall provide a service may

imposed obligation to achieve within a specific time

performance goals. This period may not be less than three months.



A connection according to article 1, first paragraph 1 shall be designed so

It supports voice and fax communication, and

data communication with a specified minimum data rate

permit functional Internet access.



The Government may provide for data speed according to

second paragraph. Law (2011:590).



section 3 of the first paragraph under section 3 or 4 shall

provide directories and directory enquiry services

to process information in a non-discriminatory

way. Law (2008:484).



3 a of the Act (2011:590).



4 § The which according to § 1 shall provide a service may

imposed on the obligation to



1. apply common tariffs for the whole country or apply

a specific maximum price,



2. make it possible for consumers to pay for

connection to the public communications network and for

the use of publicly available telephone services,



3. allow consumers to pay for connection to the

public communications network by payments

distributed over time, and



4. at the request of a subscriber to inform about alternative fares

provides a lower cost.




Charges referred to in the first subparagraph 1 shall be made publicly

available. Law (2011:590).



5 § a service under paragraph 1 shall not be made available on the conditions

that means subscribers have to pay for something that

is not necessary for the service.



section 6 of The who according to § 1 shall provide a given service

shall keep information related to the performance that has been achieved at the

the provision of the service generally available, if not

subject to the provisions of confidentiality or other

the protection of privacy.



The Government or the authority the Government Announces

detailed rules relating to the information referred to in the first subparagraph.



General obligations



6 a of The program according to § 1 shall provide a service and which

intends to dispose of a substantial part or all of their

assets in the access network, in good time before operation

inform the supervisory authority of its intention.

Law (2011:590).



6 b of The providing public communications networks or

publicly available electronic communications services shall

take appropriate technical and organisational measures to

ensure that operations comply with reasonable requests for

operating safety. The measures taken shall be devoted to

create a level of safety, taking into account available

technology and the costs of implementing measures,

adapted to the potential for interference and interruption. Government

or the authority that the Government may announce

regulations on the manner in which the obligation is to be performed and

If a derogation from the obligation. Law (2011:590).



paragraph 6 (c) The provider of a public communications network

or a publicly available electronic communications service

shall, without undue delay, to the regulatory authority report

disruption or termination of significant scale.



The supervisory authority may, if it is in the public

interest, oblige the provider of a public

communications network or publicly available electronic

communications service to inform the public about occurred

disturbances or interruptions.



The Government or the authority that the Government may

provide for the manner in which the requirement of

the first subparagraph shall be fulfilled and derogating from

the obligation. Law (2011:590).



6 d § Government or authority the Government determines

may provide for minimum quality of service for

undertakings providing public communications networks, for the

needed to prevent impaired or slow traffic in

NET or deterioration of the quality of publicly available

electronic communications services. Law (2011:590).



6 e § The providers of publicly available

electronic communications services shall take into account the

needs of end-users with disabilities have to



1. access to electronic communications services in

same extent as the majority of end-users, and



2. be able to take advantage of the range of companies and services

most end users have access to.



The Government or the authority that the Government may

provide for the manner in which duty shall

be fulfilled. Law (2011:590).



section 7 of The provider of a public communications network

or a publicly available telephone service



1. contribute to emergency calls without interruption can be conveyed

free of charge for the user,



2. complimentary leave location data to the

receive calls,



3. on terms which are fair, cost-oriented and

non-discriminatory meet all reasonable requests to

disclose subscriber information that is not covered by the obligation of professional secrecy

or professional secrecy by law to the operator or

intending to proceed to Subscriber information,



4. complimentary provide a Subscriber-specified

phone bills relating to the use of a General

communications networks or publicly available relating thereto

telephony services, unless the Subscriber has requested that the Bill

shall be unspecified, and



5. ensure that end users can reach all the numbers that

are provided within the European economic area, if

It is technically and economically feasible and the called

the Subscriber is not for commercial reasons has chosen to limit

access for calling from certain geographical areas.



Calls which are free of charge to the calling subscriber,

not listed on their phone bill.



The Government or the authority that the Government may

provide for



1. the manner in which the obligations are to be fulfilled,



2. exemptions from the obligations,



3. in the case of the first paragraph, 2-4, the data subject

of the obligations, and



4. with regard to item 2 of the first paragraph, the requirements to be met by the

the provision of information. Law (2011:590).



7 a of the provider of a publicly available

telephone service shall, at the request of a Subscriber toll-free

block certain numbers or types of outgoing calls or sms

messages with increased tariffs.



A Subscriber shall in connection with that agreement is reached if

the provision of a publicly available telephone service

be informed of their right under the first subparagraph and shall in

current contract period have the right to change free of charge

blocking.



The Government or the authority that the Government may

provide for the manner in which duty shall

fulfilled and on exemptions from the obligation. The who has

ordered to provide a service in accordance with section 1 of the first

paragraph 2 shall not be exempted from the obligation.

Law (2011:590).



7 b of the provider of a publicly available

telephone service, complimentary give the Subscriber an opportunity to

get the service blocked by an amount which Subscriber specifies the

advance. When the claim against subscriber exceeds the specified

the amount will be the service charge be cancelled, if the Subscriber does not

requests that the service will be provided.



Interrupting service shall not prevent the Subscriber from calling

emergency calls or other toll-free calls.



A Subscriber shall in connection with that agreement is reached if

the provision of a publicly available telephone service

be informed of their right under the first subparagraph and shall in

current contract period, be entitled to complimentary change set

amount.



The Government or the authority that the Government may

provide for the manner in which duty shall

fulfilled and on exemptions from the obligation. Law (2008:484).



7 c § Government or authority the Government determines

may provide that the provider of a

publicly available telephone service will offer subscribers

the ability to process other than that specified in the first subparagraph of paragraph 7

4, 7 a § or § 7 b, control their costs for

the use of the service. Law (2011:590).



§ 8 the provider of pay phones that are

available to the public shall ensure that emergency calls from

the machines are transmitted free of charge and without requiring

means of payment.



§ 9 the provider of electronic

communications services should ensure that a Subscriber with number

from a national telephone numbering plan can keep their numbers when changing

service provider. If the Subscriber requests it, the number

used for such a service shall be handed over to another to

He must provide the service. A number whose

digit structure contains geographic significance needs to be submitted

only for the provision of electronic

communications services in the same geographical area

(area code).



The first subparagraph shall not apply to the surrender of numbers between networks

providing services at a fixed or a mobile

network termination point.



Transmission of numbers as soon as possible. The

receiving the service provider shall provide the service

no later than one working day after the handover has taken place.



The Government or, by authority of the Government,

the supervisory authority may provide for the manner in which

the obligations to be fulfilled and derogating from

obligations and may, in individual cases, allow exceptions to the

obligations, if there are special reasons. Law (2011:590).



section 10 compensation for handing over the number in accordance with § 9 may

be based only on the operating cost for the handover.



The who has forwarded a number has only the right to

compensation for the cost of operation posed by increased

traffic costs for a message to the number. Such

compensation may be applied only from the which the calling

the Subscriber has entered into a contract with the delivery of the message.



The submitting the number has no right to compensation from the

the Subscriber for the handover. Law (2011:590).



section 11 of The who submits a number in accordance with § 9, to the

the supervisory authority determines immediately disclose the information is

necessary for routing message to the number. Other

information that can be directly or indirectly attributable to

a natural person than data on the number and on the

provide relevant publicly available electronic

communication services shall not be made without the consent of

the person.



The authority may appoint someone to be in a database compile

data referred to in the first paragraph and submit them to the

the providers of publicly available electronic

communications services, to the extent that they need the data

for routing of communications, and to others who

the authority determines. The designated database operator shall in

relationship with the providers of publicly available

electronic communication services apply conditions


competitively neutral and can charge the remuneration is reasonable

with respect to costs.



The provisions of this Act apply mutatis mutandis to the

database activities referred to in the second subparagraph. Law (2011:590).



Specific obligations on undertakings with significant

a market



repealed by law 12 (2011:590).



paragraph 13 of The who in accordance with Chapter 8. section 7 has a significant influence

on a given retail market may, if obligations can

be imposed pursuant to Chapter 4. paragraphs 3 and 4 are inadequate, in accordance

with Chapter 8. section 6 ordered to take an appropriate action. A

such obligation may refer to



1. apply a specific maximum or minimum price,



2. do not take the anti-competitive measures, or



3. do not make a service that can be delivered standalone

According to another service is provided.

Law (2014:211).



14 repealed by law (2011:590).



Special rights for subscribers, etc.



Agreements etc.



section 15 of a contract between a consumer and a provider

a public communications network or publicly available

electronic communications services shall provide clear,

comprehensive and easily accessible information on



1. name and address of the supplier,



2. the services provided,



3. access to emergency services and the provision of

location data,



4. conditions that restrict access to or the use of

other services and applications than referred to in (3),



5. the minimum quality level offered,



6. delivery time,



7. the steps taken to measure and control the traffic in

order to avoid network congestion and how the measures

can affect the quality of services,



8. the maintenance and customer support services offered,



9. restrictions on the use of

terminal equipment,



10. Subscriber's choices when it comes to bringing in their

personal data in a directory,



11. detailed prices and tariffs,



12. how payment can be made and the price difference between different

payment methods as well as how information on all applicable tariffs and

maintenance charges may be obtained;



13. the duration of the contract,



14. the conditions for renewal and termination of service;



15. the conditions for renewal and termination of the agreement,



16. what measures can be taken at

security flaws,



17. the conditions for reimbursement for services not provided

According to the agreement, and



18. how a dispute settlement procedure for consumers outside the

Court begins.



The first subparagraph shall also apply to other end users

request it.



The Government or the authority, as the Government determines

Announcing the details of the content of the agreement.

Law (2011:590).



15 a of the provider of the electronic

communications services will offer end-users to be included

agreement with a maximum validity of 12 months. An agreement

between a consumer and a provider of electronic

communications services should not have a longer initial

binding period than 24 months.



The second sentence of the first subparagraph shall also apply to other

end users who so request. Law (2011:590).



15 b of The providers of publicly available

electronic communications services may, in agreement with a

the consumer does not set up the conditions under which

the notice period for the consumer is longer than a month. In

terms of agreement with the term may not mean

the consumer must terminate earlier than one month

before the binding deadline for the agreement shall cease to

apply at that time. Law (2014:146).



15 c § The providers of publicly available

electronic communications services and which have entered into an agreement

with a consumer if subscriptions with fixed terms, in

combined with the provision of terminal equipment,

After the initial rate period on request by the consumer

remove the operator lock free of charge and without delay.



With operator lock provided for such limitations when it comes to

the use of terminal equipment to a service provider

has introduced or allowed to impose to prevent equipment

used for the use of third-party electronic

communications services.



The service provider shall immediately after the opening

fixation period clearly inform

the consumer of his right under the first subparagraph. Government

or authority the Government Announces

regulations on the manner in which the notification shall be submitted.

Law (2014:146).



section 16 If the providing subscribers an electronic

communications networks or electronic communications services

want to change the agreement, the Subscriber is notified of the change

at least one month before entry into force. A subscriber who does not

acceptance of the new terms may terminate the contract without thereby

suffer from any charge, fee or other obligation. In

the notification shall the Subscriber be informed of their right to say

up the agreement.



The Government or the authority, as the Government determines

notifies the methods of underrättelsens design.

Law (2011:590).



Transparency and publication of information



section 17 of The provider of a public communications network

or a publicly available electronic communications service;

to keep clear, comparable, adequate and up-to-date information

on applicable prices, tariffs and terms and conditions for access

to and use of the network or the service generally

available.



The Government or the authority, as the Government determines

Announces rules on such information. Law (2011:590).



section 17 (a) The provider of a public communications network

or a publicly available electronic communications service

may be ordered to provide subscribers information about



1. the applicable tariffs for numbers or services covered by the

Special pricing,



2. changes in terms of subscribers ' access to

emergency call or location data,



3. measures that restrict access to or the use

of services and applications,



4. steps taken to measure and control the traffic in

order to avoid network congestion and how the measures

can affect the quality of services, and



5. Subscriber's choices when it comes to bringing in their

personal data in a directory.



A decision on an obligation under the first subparagraph of paragraph 1,

reconciled with the requirement that the information about a specific type of service

shall be provided immediately before a call connects.



The provider of a public communications network or a

publicly available electronic communications service may

ordered to regularly provide subscribers with

disabilities for detailed information about the products and

services that are directed to them. Law (2011:590).



section 18 of The provider of a public communications network

or publicly available electronic communications services

may be ordered to end-users publish comparable,

adequate and up-to-date information on the quality of the services and on the

the measures taken to provide end-users with

disability access to the services of an equivalent

so far as other end-users. Law (2011:590).



Measures in case of non-payment



Article 19 If a Subscriber does not pay for the provision of a

public communications networks or publicly available

telephone service, the provision of the service should be discontinued

only after the Subscriber is asked to pay within a reasonable

time, with the statement that the provision can otherwise get

to be discontinued. Paid service within the specified period of time, may

the provision will not be interrupted.



If a Subscriber has repeatedly paid too late,

the provision may be discontinued immediately. The who

in this case, the service provider shall immediately inform the

Subscriber on the suspension and for a period of not less than ten days

from the suspension to give the Subscriber the ability to make emergency calls

and other toll-free calls.



Case of non-payment or repeated for late payment a specific

service interruption is confined to the service, if it is

technically possible and the Subscriber has not previously received a

demand for payment or has misled the service provider.

Law (2011:590).



Chapter 6. Processing of traffic data and protection of privacy



Specific definitions



Article 1 for the purposes of this chapter,



electronic notice means any information exchanged or

transmitted between a finite number of parties by means of a publicly

available electronic communications service, except information

transmitted as part of the broadcasting of sound radio and television

programs that are directed to the public over an electronic

communications network if this information can be put in

the context of the individual subscriber or user of the

the information,



Privacy incident: an event that leads to accidental

or unlawful destruction, loss or alteration, or

unauthorised disclosure of or access to data

processed in connection with the provision of publicly

available electronic communications services,



Internet access: the opportunity to transfer of ip packets that provide

user access to the internet,



Messaging: Exchange or transfer of electronic

message that is not call nor is information

transmitted as part of the broadcasting of sound radio and television

software,



failed dialing: dial linked up without

reach a recipient,



traffic data: task addressed in order to promote an


electronic communication over an electronic communications network

or to invoice this message.



The concepts of treatment, data controller and the consent has

in the chapter the same meaning as in the personal data Act (1998:204).

Law (2012:127).



Relation to other law



paragraph 2 with regard to the processing of personal data by the

the provision of electronic communications networks and

electronic communications services, as well as at

Subscriber information applies to personal data Act (1998:204), if

subject to the provisions of this law.



The provisions of the Privacy Act for rectification and

damages also applies to the processing of personal data

According to this law.



In the public activities, publicity and

secrecy (2009:400) shall apply instead of sections 20 to 23.

Law (2009:500).



Security



section 3 of the provider of a publicly available electronic

communications service must take appropriate technical and

organisational measures to ensure that data

processed in connection with the provision of the service

be protected. The provider of a public communications network

shall take the necessary measures to maintain

This protection in the network. The measures shall be designed to

ensure a level of security, taking into account available

technology and the costs of implementing measures,

adapted to the risk of privacy incidents.



The Government or the authority that the Government may

provide for protective measures pursuant to the first subparagraph.

Law (2011:590).



3 a of The that is required to store the data under section 16 shall

take the specific technical and organisational measures

needed to protect the stored data in the treatment.



The Government or the authority that the Government may

provide for protective measures pursuant to the first subparagraph.

Law (2012:518).



section 4 If, upon the provision of a publicly available

electronic communications service are at particular risk for the

lack of protection of the processed data, the

provides the service inform subscriber about the risk. If the

service provider is not required to under paragraph 3 of

remedy the risk, the Subscriber will be informed about how and

What is the approximate cost of the risk can be eliminated.



4 a of The providers of publicly available

electronic communications services shall, without undue delay,

inform the supervisory authority of privacy incidents. If

the incident is likely to have a negative impact on the subscribers or

users like the processed data relate, or if

the supervisory authority so requires, shall also be informed without

undue delay.



The Government or the authority that the Government may

provide for the manner in which duty shall

fulfilled and on exemptions from the obligation. Law (2011:590).



4 b of The providers of publicly available

electronic communications services shall keep a

list of privacy incidents.



The Government or the authority that the Government may

provide for the content of such a list.

Law (2011:590).



Processing of traffic data



§ 5 The exercising is notifiable

According to Chapter 2. § 1 shall erase or de-identify stored

or otherwise treated traffic data relating to

users who are natural persons or to the subscribers,

When the information is no longer required to transfer a

electronic message. It does not apply if the information

saved for such treatment described in 6, 13, 16 a or

16 c §. Law (2012:127).



section 6 of the traffic data necessary for the purposes of Subscriber billing and

payment of fees for interconnection may be processed until

the claim is paid, or the Statute of limitations expired and it will not

longer lawful today to object to the invoicing

or fee.



If the information relates has consented to it, the

providing a publicly available electronic

communications service may process the data referred to in section 5 for

marketing electronic communications services or for the

to provide other services where the information is required, in the

extent and for such time as is necessary for the service

or marketing. An agreement may, at any time

recalled.



The provider of a publicly available electronic

communications service must inform the task stir

What kind of traffic data which are processed and how long

the data are processed for the purposes referred to in the first and

second paragraph. The information to be provided prior to consent

be obtained.



Article 7 processing of traffic data in accordance with paragraphs 5 and 6 may be carried out

only by the assigned by the operating

that is notifiable handling billing or traffic management,

customer inquiries, marketing of electronic

communications services or the provision of other

services where the information is required. The treatment shall be limited

to what is necessary for the business.



§ 8 the provisions of paragraphs 5 to 7 shall not apply



1. when an authority or a court need access to

data referred to in paragraph 5 to resolve disputes,



2. for electronic messages covered by the decision on the

secret interception of electronic communications or secret

monitoring of electronic communications, technical assistance with

such interception or surveillance, data collection

According to the law (2012:278) for collecting data on

electronic communications in law enforcement

intelligence activities, or



3. to the extent that the information referred to in paragraph 5 is necessary

to prevent and detect unauthorized use of a

electronic communications network and/or an electronic

communication service. Law (2012:285).



Location data that is not traffic data



§ 9 location data that is not traffic data and

move users who are natural persons or subscribers may

is only processed when they are made anonymous or user

or the Subscriber has consented to treatment.

Processing may only take place to the extent and for the

time required for the supply of a service where the

the information is required.



Before consent is provided, the supplier of the service

inform about



1. what type of information will be processed,



2. purpose and duration of treatment, as well as



3. whether the data will be transmitted.



The user or Subscriber has the right to

withdraw their consent.



A user or a Subscriber must, despite that consent

submitted, in a simple and free way to individual cases

be able to oppose the processing of data in connection

or transfer of an electronic message.



section 10 only acts on behalf of the

provider of a public communications network or publicly

available electronic communications service or of the

providing the service where the information is required, the process

information in accordance with § 9.



10 a of the location data which are covered by the decision on the

data collection in accordance with Chapter 27. the code of judicial procedure or

Act (2012:278) for data collection on electronic

communication in law enforcement

intelligence, may be dealt with by way of 9 and

10 sections. Law (2012:285).



Non-itemised bills



section 11 of the provider of a publicly available electronic

communication service is required to provide a Subscriber

requesting an unspecified reward.



Caller ID



section 12 of the provider of the caller must provide



1. the calling subscriber or user the ability to

simple and free of charge, of preventing the presentation of each

calls,



2. the called Subscriber the possibility, using a simple means and

free of charge for reasonable use of this function to prevent

caller ID for incoming calls, and



3. If the number appears prior to the call being established, the called

Subscriber the possibility, using a simple means, of rejecting incoming

calls, if protection from caller ID is used by the

the calling user or Subscriber.



If the presentation relates to the connected number, the

called subscriber must be offered in an easy way

and free of charge, of preventing the presentation of the connected line

the number of the calling user.



As provided for in the first subparagraph 1 shall also apply to

calls to another country. As provided for in the first subparagraph

2 and 3 and the second subparagraph shall also apply to incoming

calls from another country.



Where presentation or presentation of a connected

number is offered, the providers of publicly

available electronic communications services inform

the public thereof and of the possibilities set out in the first

and the second paragraph.



The exception relating to caller ID and

location data



section 13, The provider of a public communications network

or a publicly available electronic communications service

get



1. at the request of a subscriber to temporarily override the protection against

caller ID to identify disruptive conversations

and store such data that identifies the calling

the Subscriber and keep them available for the Subscriber to

request, and



2. for Police, security service or a regional

alerting the central meaning of the law (1981:1104) if

the activities of certain regional alarm centers


of the presentation and provide a

such an authority or organization location data at

emergency calls, without the consent or despite the refusal from the Subscriber

or the user. Law (2014:734).



Automatic call forwarding



section 14 of the provider of a publicly available

telephone service is obliged, upon request by a Subscriber at a

simple means and free of charge, providing the opportunity to

stopping automatic call forwarding, which are made by third parties to

Subscriber.



Directories



section 15 of a subscriber who is a natural person shall receive, free of charge

information as to the purposes of a publicly available

subscriber list or a list from which the data

can be obtained by Subscriber information, before personal information about

the Subscriber will be into it. If the list shall be in the

electronic format, the Subscriber shall be informed of the

search functions that such a service could allow.



16 § to process personal data relating to a Subscriber that is a

natural person in the list referred to in paragraph 15 required

the consent of the latter. The Subscriber must have the possibility of being without

cost control the data and get incorrect data

corrected and get data deleted from the register as soon as

It is possible.



Storage and the processing of traffic data, etc. for

law enforcement purposes



16 a of The doing business which is notifiable

According to Chapter 2. section 1 is obliged to store such data as

referred to in section 20, first paragraph, 1 and 3 as necessary to

trace and identify the source of communication, the ultimate goal of

communication, date, time and duration of

communication, communication, communication equipment

as well as the location of mobile communication equipment at the

the start and end of the communication.



The obligation to retain data in accordance with the first subparagraph

contain data that are generated or processed by

telephone service, messaging, internet access and

the provision of capacity to get internet access

(connection). Even in the case of failed dial

the obligation to retain data generated or

treated.



It is required to store the data under this section

may Commission someone else to perform the storage.



The Government or the authority, as the Government determines

announce details relating to the information to be

stored under this section. Law (2012:127).



16 b of the regulatory authority may decide in individual cases

exemption from the obligation to retain data in accordance with section 16 (a),

If there are serious reasons for Decision may be subject to it.

terms and conditions.



The decision on the derogation may be withdrawn if the conditions laid down in the decision

have not been complied with or there are other special reasons for

the recall. Law (2012:127).



16 c § data stored according to § 16(a) shall be treated

only to be disclosed under paragraph 22 2, chapter 27.

section 19 of the code of judicial procedure or law (2012:278) for the collection of

data on electronic communications in law enforcement

Government intelligence operations. Law (2012:285).



16 d § information referred to in paragraph 16 (a) should be stored in six months

calculated from the date the communication was completed. At the end

by this time, the storage obligation immediately annihilate them, if

subject to the second subparagraph.



If the information referred to in the first subparagraph requested disclosure before

end of the prescribed retention period but data are not

have been disclosed, the storage obligation store

the data to its transmission and then immediately wipe out

the stored data. Law (2012:127).



16 § The that is required to store data in accordance with section 16 (a)

is entitled to compensation for costs incurred when stored

data are disseminated. The royalty shall be payable by the authority

who requested the information.



The Government or the authority, as the Government determines

Announces rules for compensation referred to in the first

paragraph. Law (2012:127).



16 (f) § It is obliged to retain data in accordance with section 16 (a)

to carry out its activities without delay so that the data can

left out and so that the implementation of the disclosure should not be divulged.

The data shall be made available in such a way that

the information can easily be taken care of. Law (2012:127).



Prohibition against eavesdropping, etc.



17 § in addition to 5-7 and 20 sections, not any other

than users involved take note of or otherwise treat

information in an electronic message that is transmitted in a

public communications networks or publicly available

electronic communications service, or traffic data associated

to this message, if not one of the users has agreed

to the treatment.



The first paragraph does not preclude



1. such storage is automatic, intermediate and

temporary, if it is necessary for the transmission of a

electronic message, or to the extent that it is

necessary for the operation of an electronic communications network

or an electronic communication service,



2. that others may have access to content in an electronic

message, if the contents are still widely available, if it

is only made to streamline the onward transmission

to other recipients, as well as for information about who requested

the information is destroyed, or



3. in the radio intercept or otherwise with

use of such recipients have access to a

radiobefordrat electronic communication which is not intended for

the program listens for or to the public.



section 18 of the data may be stored in or retrieved from a subscriber's

or the user's terminal equipment only if the Subscriber or

the user is allowed access to information about the purpose of

the treatment and consent to it. This does not prevent such

storage or access needed to transfer a

electronic communication over an electronic communications network

or that is necessary to provide a service that

the user or Subscriber has expressly requested.

Law (2011:590).



Secret interception of electronic communications, etc.



section 19 of An operation should be run so that decisions about the secret

the interception of electronic communications and covert surveillance

of electronic communication can be enforced and so that

the execution should not be divulged, if the activities relate

the provision of



1. a public communications network which not only is intended for

the transmission to the public of programs in sound radio or other

as indicated in Chapter 1. Article 1, third paragraph

freedom of expression, or



2. services to a public communications network which consists of



(a)) of a publicly available telephone service to the

network termination point, which allows the transfer of local,

national and international calls, fax and

data communication with a specified minimum data rate,

which permit functional Internet access, or



(b)) a publicly available electronic communications service

to mobile network termination point.



The content and information on intercepted or monitored

notifications shall be made available so that information is easily

can be taken care of.



The Government or the authority, as the Government determines

Announces rules relating to matters referred to in the first and second

the paragraphs and, in individual cases, waive the obligation in

the first paragraph. Law (2012:285).



19 a of the to the collection of signals in electronic form according to the

Act (2008:717) signals intelligence in

defence intelligence activity to happen, operators

who owns the thread in which the signals are carried over the Swedish border

obliged to transmit these to the liaison points. Each such

operator shall notify one or more liaison points to the

the Government authority determines. The Government or, after

the Government's authorization, the supervisory authority may notify the

regulations on interoperability points.



All operators for signals in the thread over the Swedish border

the Government will decide the authority to submit such

information they hold that makes it easier to take care of

the signals.



All operators shall carry out the tasks referred to in the first and

the second paragraph so that operations are not divulged. Law (2008:719).



Professional secrecy



section 20 of the person in connection with the provision of a

electronic communications network and/or an electronic

communication service has been part of or access to



1. information about subscriptions,



2. the contents of an electronic communication, or



3. other information concerning a particular electronic

message,



must not improperly disclose or exploit it he got the part

of or access to.



Such secrecy does not apply in relation to the

taken part in exchange of an electronic message or

otherwise have sent or received such

message.



Confidentiality in respect of information referred to in the first subparagraph 1

and 3 does not apply in relation to the holders of a

plans for an electronic message.



21 § confidentiality under section 20, first paragraph also applies to

task relating to the



1. action to detain shipments by 27. § 9

the code of judicial procedure,



2. concern relating to the use of secret interception of

electronic communication or covert surveillance of

electronic communications pursuant to Chapter 27. 18 or 19 §

the code of judicial procedure or technical assistance with secret eavesdropping

of electronic communications or with covert surveillance of

electronic communications pursuant to Chapter 4. 25 b of the Act

(2000:562) on international legal assistance in criminal matters,




3. concern relating to the collection of signals on electronic

form under the Act (2008:717) signals intelligence in

defence intelligence,



4. data collection under the Act (2012:278) if

collection of data on electronic communications in the

law enforcement intelligence operations, and



5. request for disclosure by plan under section 22

the first subparagraph of paragraph 2. Law (2012:285).



section 22 of the provider of an electronic

communications networks or electronic communications service

and in doing so has a part of or access to the task

referred to in section 20 of the first paragraph, on request, provide



1. the indication referred to in paragraph 1 to 20 a

authority in a particular case, such a task

for the purpose of service according to the procedural law (2010:1932), if

authority finds that it can be assumed that it sought

the service keeps getting away, or that it is otherwise

serious reasons,



2. the indication referred to in paragraph 1 and 20 that applies

suspicion of offence to a public prosecutor,

Police, security police, or any other

authority to act against crime,



3. the indication referred to in section 20, first paragraph, 1 and 3 and

an indication of the geographical area in which a certain electronic

communications equipment is or has been to

The police authority, if the authority finds that the task needed

in connection with the investigation of persons who have disappeared,

in such circumstances it can be expected that there are

danger to their life or serious risk to their health,



4. the indication referred to in paragraph 1 to 20

Enforcement authority if necessary task in

Executive business and authority finds that the task is

essential for any proceedings,



5. the indication referred to in paragraph 1 to 20

The tax agency, if the agency finds that the task is of material

relevant to any proceedings relating to the control

of tax or fee or the right place as civil status matters

the Civil Registry Act (1991:481)



6. the indication referred to in paragraph 1 to 20

The police authority, if the authority finds that the task needed

in connection with intelligence, research or

identification in the event of accidents or deaths or to

the authority shall fulfil a task referred to in paragraph 12 of

Police Act (1984:387),



7. the indication referred to in paragraph 1 to 20

The police authority or a public prosecutor, if the authority

finds that the task required in a particular case to

authority to meet notification obligations under

33 § Act (1964:167) with special provisions for young

offenders, and



8. the indication referred to in section 20, first paragraph, 1 and 3 to

regional alerting central referred to in law (1981:1104) if

the activities of certain regional alarm centers.



Compensation for leaving out other tasks pursuant to the first

subparagraph 8 than location data must be reasonable with

account of the costs of disclosure. Law (2014:734).



section 23 of The as in other cases than those referred to in section 20, first paragraph

and section 21 of the radio receiver has bugged or otherwise

with the use of such recipients got access to a

radiobefordrat message in an electronic communications network

not intended for him or herself or

the public must not constitute an authorized pass it on.

Law (2012:285).



Detailed rules



section 24 of the Government or the authority, as the Government determines

may, in the case of processing of data for electronic

communications announce details relating to the



1. what data may be processed in accordance with section 6, first and

second subparagraph, 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.



Chapter 7. Supervision, etc.



General bestämmelser0



section 1 the supervisor shall supervise compliance with

the law and the decision on obligations or conditions as well as the

regulations issued under the law.



The regulatory authority shall have the supervision of compliance with

by implementing measures under



1. Article 13a (4) of the European Parliament and Council directive

2002/21/EC of 7 March 2002 on a common regulatory framework for

electronic communications networks and services

(framework directive), as last amended by European Parliament and

Council directive 2009/140/EC,



2. articles 26(7) and 27a. 5 of European Parliament and Council

Directive 2002/22/EC of 7 March 2002 on universal

service and users ' rights relating to electronic

communications networks and services (directive on

universal service directive), as amended by the European Parliament's

Directive 2009/136/EC, and



3. Article 4(5) of the directive of the European Parliament and

2002/58/EC of 12 July 2002 concerning the processing of

personal data and the protection of privacy in the

electronic communications sector (directive on privacy and

electronic communications), as last amended by

European Parliament and Council directive 2009/136/EC.

Law (2014:211).



section 2 of the regulatory authority has the right to obtain access for supervisory

for areas, buildings and other areas, but not housing,

where activities covered by this law is carried out.



The supervisory authority has the right to obtain enforcement of

Enforcement authority of the decision relating to measures under this

team. Thus, the provisions of the enforcement code if

enforcement of obligations that do not relate to

payment obligation or eviction.



Data that are accessible according to Chapter 5. section 6,

checked at the operator's expense. Law (2006:737).



Injunctions and prohibitions etc.



section 3 of the regulatory authority may submit to the operator

activities covered by the Act to provide

authority the information and documents required for

control of



1. payment of fee,



2. compliance with General obligations

under this Act,



3. compliance with the conditions imposed under the Act,



4. compliance with the obligations imposed under 4 and 5

ch.,



5. compliance with the implementing measures referred to in paragraph 1 of the

second subparagraph, and



6. compliance with the acts referred to in paragraph 3 (a).



An injunction under the first paragraph may be subject to a penalty.



Information to be publicly available under this

law, or pursuant to the obligations or conditions or the

regulations issued under the Act, shall, without

the request shall be submitted to the supervisory authority. Law (2014:211).



3 a of the regulatory authority may inform the injunctions and

ban needed to the obligations set out in

European Parliament and Council Regulation (EU) no 531/2012 of

13 June 2012 on roaming on public mobile networks within the Union and

in implementing acts referred to in article 5(2) of the same regulation shall

be followed. Injunctions and prohibitions may be subject to a penalty.

Law (2014:211).



section 4 of the supervisory authority will find reasons to suspect that the

operating under this Act does not comply with the

the law or the decision on the obligations or conditions or the

regulations issued under the law, not

compliance with an implementing measure referred to in paragraph 1 of the second

paragraph or not using a radio transmitter in the

so far as conditions permit, the authority shall inform the

the program operates on this relationship and provide

him an opportunity to be heard within a reasonable time.

Law (2014:211).



§ 5 supervisory authority may notify the injunctions and

ban needed to rectify an infringement

referred to in paragraph 4 shall be carried out immediately or within a reasonable time.



Failure to adhere to the injunction, the supervisory authority may, after

the expiration of the time specified in the notification provided for in paragraph 4,



1. withdraw a permission, change the licence conditions or

decide that the program infringed an obligation in whole or in part

should cease operations, unless the infringement of

less important, or



2. inform the further injunctions or prohibitions

needed for the observance of the law or of the decision on the

obligations or conditions or the regulations

issued by virtue of law.



If a radio transmitter used to a lesser extent than what

permit conditions permit, however, such authorization is not

revoked if specific reasons speak against it or the purpose of the

the order can be met by

permit conditions are changed.



Injunctions and prohibitions referred to in the first and second subparagraphs

combined with a penalty. Law (2011:590).



section 6, An authorisation may be withdrawn and the licence conditions amended

immediately, if



1. the authorisation referred to in Chapter 3. section 6, second paragraph

has expired, unless special reasons speaking against a

withdrawal,



2. a person who has applied for the permit has submitted incorrect information

or not provide information relevant to the authorization;



3. changes in radio technology or changes in the

radioanvändningen due to international

agreements which Sweden has acceded or

provisions adopted pursuant to the Treaty on European

functioning of the EU has resulted in a new State with

the same conditions would not be available,



4. the licensee shall, despite a reminder does not pay fee

in accordance with Chapter 8. § 17 or 18, or



5. the licensee requests that the authorization be revoked.



Permit conditions may also be changed immediately in case

referred to in Chapter 3. section 23.



A permit may be revoked in accordance with the first paragraph 1-3 only

where the purpose of the withdrawal not as well catered for


by licence conditions amended. Law (2010:497).



6 a section By rental of authorization to use radio transmitters

According to Chapter 3. section 24 shall, when there are reasons to revoke a

the authorisation required under paragraph 5 or 6 due to circumstances

relating to the lessee, the recall instead refer to

the consent to the rent. Law (2010:497).



section 7 modification of the allocation of frequencies for broadcasting,

be decided, if it is necessary for new users to get

the opportunity to engage in this activity.



A revocation of a licence or amendment of licence conditions

due to changes in radio technology may be adopted only

If there are serious reasons with respect to the interest of a

efficient use of radio frequencies. In this context,

It shall in particular take into account the extent to which reasonable

economic exchange of the equipment achieved and what the effects

will be on the licensee's operation of a revocation or

Amendment of licence conditions.



section 8 If a violation of this Act or of the decision on the

obligations or conditions or the regulations issued

with the support of the law constitutes a serious threat to public policy,

public security or public health or likely to cause

serious economic or operational problems for

providers or users of electronic

communications networks or electronic communications services,

or other users of radio frequencies,

the supervisory authority, pending completion of the case is determined

Finally, immediately



1. notify an injunction to immediately comply with the law or

the decision on the obligations or conditions or the regulations

issued by virtue of law,



2. revoke a licence or modify licence conditions,

or



3. decide that all or part of an activity must cease.



The period of validity of a decision referred to in the first subparagraph may be

a maximum of three months. If the corrigendum is not adopted, the period of validity

be extended by no more than three months.



The regulatory authority's decision referred to in the first subparagraph may be subject

with a penalty. Law (2011:590).



§ 9 a revocation of a licence or alteration of

licence conditions do not affect the obligation to pay

compensation for permits that have been granted in accordance with Chapter 3. 8

or section 22, unless otherwise determined in the context of recall

or variation.



Access to numbers and services



9 a of the Consumer Ombudsman may order the

provider of a public communications network or publicly

available electronic communications service to prevent

user's access to a number or to a service via

a number whose digit structure has no geographic significance, if

marketing of number or service is unfair or

If a stub is omitted in the marketing.



The decision may be subject to an obligation to withhold payment

with regard to the number or service until the matter has been settled

final. If the decision stands, withheld funds as soon as possible

will be refunded.



Decisions shall not be communicated without the which has taken

marketing action has had the opportunity to be heard. In

urgent case, however, the decision immediately announced to apply

until another is appointed. Law (2011:590).



Examination of disputes



10 § raises a dispute between those who provide

electronic communications networks or services

or related services, or between such an operator and

a company that takes advantage of an obligation in respect of

interconnection or other forms of access, a party

to refer the dispute to the decision of the supervisory authority if



1. the dispute relates to obligations arising out of this

law or by the regulations, licence conditions or decision on

obligations issued by virtue of law or

following a decision of the European Parliament and Council Regulation (EC) no

531/2012 or by the legal acts referred to in paragraph 1, second subparagraph

or 3 a §, or



2. the dispute in general conditions for interconnection or other

forms of access.



The authority shall, as soon as possible to decide on the issues

the dispute concerns. The decision shall be communicated within four months

the request came in to the authority, if longer

is not necessary in view of the scope of the dispute or

other special circumstances. Law (2014:211).



10 a of the supervisory authority may impose on a party to

provide the authority the information and documents

necessary to examine a dispute under section 10 in respect of



1. General obligations under this Act,



2. conditions imposed pursuant to law, or



3. specific obligations which ordered pursuant to Chapter 4. 4 §

or Chapter 5. section 13.



The order may be subject to a penalty. During the examination of an application

If the imposition of a penalty, even fine fitness assessed.

Law (2011:590).



section 10 (b) If a party has referred a dispute to the Court under section 10

the supervisory authority may, if having regard to the

question that the controversy highlighted is more appropriate to the

is determined by an action in the context of the general supervision,

decide not to take up the dispute for resolution.



The Agency has not taken any regulatory action

referred to in the first subparagraph within four months from the time a party

referred the dispute, if one of the parties does

a new application to examine the dispute as set out in section 10.

Law (2007:881).



section 11 If, having regard to the nature of the dispute is

more appropriate, the supervisory authority may, instead of taking up

a dispute to trial or to take action within the framework of the

General supervision, refer the dispute to mediation. The parties

shall in such case be allowed to to authority

come up with proposals for a suitable person to be the mediator.



Has mediation been going for four months or canceled prior

without the parties agreed, the authority on new

application of any of the parties to examine the dispute as provided

in section 10. Law (2006:26).



section 12 of the Parties shall jointly and severally to pay reasonable compensation to the

mediator for work and expenses.



section 13, If a dispute is referred to the supervisory authority

According to section 10 has also been referred to one or more

regulators are in a State of the European economic

area, the supervisory authority shall coordinate their

efforts by the foreign authorities.



In the case referred to in the first subparagraph may

the supervisory authority may request that the body of European

regulators for electronic communications should be heard

about the action to be taken to resolve the dispute. When

the supervisory authority has requested such an opinion, may

the matter was not settled until the opinion has been provided. In

urgent case, however, the decision to apply until

any other appointment.



The regulatory authority shall take into account, in its decision, the content of

the opinion. Law (2011:590).



Damages



13 a section About a company in accordance with Chapter 8. section 7 shall be deemed to have a

significant market power on a specific market, either intentionally or by

negligent action contrary to an obligation

ordered pursuant to Chapter 4. 4 section or Chapter 5. section 13,

the company compensate for the damage thereby incurred. The same

applies to those who intentionally or negligently fails to

take an action which is necessary in order to comply with such a

obligation.



The right to such compensation falls off, if an action is not brought

within ten years from the time the damage occurred. Law (2011:590).



13 b of the provider of the electronic

communications services should pay a Subscriber harm

caused by delay in delivery of number under 5

Cape. section 9 or with the provision of a service, when such

transmission has occurred.



The first subparagraph shall not apply where the supplier of the service

showing that the delay is due to an impediment beyond his

control that he could not reasonably have foreseen

at the request of surrender by number or by surrender

with regard to the delay in the supply of a service,

and the consequences of which he could not reasonably have avoided

or overcome. The delay depends on someone

the service provider has hired to completely or partially

performance of transmission or delivery, is

provides the service free from liability only

If the hired would be free under the first

the sentence.



The first paragraph does not apply in the case of other

end users than consumers, it follows that if the agreement

the end user has the right to equitable remuneration on the basis of

the delay.



The Subscriber has the right to compensation for damage

caused by abuse in terms of surrender

number. Law (2011:590).



Punishment etc.



section 14 to a fine or imprisonment not exceeding six months convicted the

wilfully or negligently:



1. using the radio transmitter without permission where such permission

required by this Act or use radio transmitters in violation of

a permit conditions, or



2. breach of a regulation which has been issued with the support of 3

Cape. paragraph.



section 15 of the one who wilfully or negligently violates the

professional secrecy, provided for in Chapter 6. section 23 shall be liable to a fine. In

call the case shall not be responsible.



Anyone who wilfully or negligently violates the prohibition under

Chapter 6. section 17 or 18 is sentenced to a fine, if the responsibility for the crime

is not prescribed in the Penal Code. In minor cases shall not be sentenced

to responsibility.



Provisions on liability for anyone who violates the confidentiality


provided for in Chapter 4. 2 section or Chapter 6. 20 or 21 § see

the Penal Code.



section 16 radio transmitters or electrical or electronic

plants that have been the subject of an offence under section 14 of may

be declared forfeited. The provisions of chapter 36. the Penal Code

shall be applied.



section 17 has anyone has been ordered to pay an administrative fine under 3

Cape. paragraph 5 of the Competition Act (2008:579) or been sentenced to pay a penalty

According to Chapter 6. paragraph 2 of the same law, the penalty under this law does not

tried out for the same procedure. Law (2008:600).



Chapter 8. Examination of cases, etc.



General provisions



section 1 of The business activities covered by the Act is

required to provide an authority

information and documents required for



1. procedures for and assessment of requests for

the granting of permission or consent referred to in Chapter 3. 1, 19,

23 and 24 sections,



2. publication of comparative quality and

price of services for the benefit of consumers

According to Chapter 5.,



3. clearly defined statistical purposes,



4. market analysis in accordance with paragraphs 5 and 6,



5. obligations under Chapter 4 and 5,



6. to ensure the effective use and efficient

management of radio frequencies,



7. to evaluate the development of networks and services

affect the wholesale services made available to the

competitors, and



8. to draw up a detailed list of the type,

availability and geographical location in relation to such

property or other things that may be shared pursuant to Chapter 4.

section 14.



An operator under section 7 has a significant influence on a

the wholesale market is obliged, on request

provide a government accounting data on the

retail markets that are associated with the

the market.



Information referred to in the first subparagraph 3 – 7 may not be requested

before a market access or as conditions for this.

Law (2011:590).



1 a section Of a vertically integrated operator in accordance with Chapter 8. 7 §

has significant market power on a specific market aims to

without obligation under Chapter 4. 12 a of separating a significant

part or all of its assets in the access network in order

to ensure non-discrimination and transparency, the operator shall

in advance and in good time inform the supervisory authority of their

intention, any changes to the plans and the final result of

process. Law (2011:590).



section 2 of The information obtained by the authority under

provisions of this law may, on reasoned request is submitted to the

The European Commission or other competent authorities in the

The European economic area, if it is necessary

to these authorities or the Swedish authorities shall

performance of their duties. Law (2010:497).



Specific turnaround times



section 3 in a case about permission to use radio transmitters,

such a decision within six weeks of a full

the application came in to the Office. In proceedings of General

invitation to the application, the processing time, if it is

necessary, be extended for a maximum period of eight months.



These processing times do not apply if the subject

the provisions of the international agreements which Sweden has

joined on the use of radio frequencies and

satellite coordination.



4 section in a case about permission to use the number of

electronic communications, the decision will be announced within three weeks

from the time a complete application came in to the authority.

At a proceeding with General call for applications may

processing time, if necessary, be extended for a maximum period of

three weeks.



Examination of the companies that have significant influence on a

market



§ 5 the authority the Government should continuously

identify those product and service markets which have such

characteristics that it may be justified to impose obligations

According to this law. Geographic scope of the markets should

Thus defined. When establishing the European

Commission recommendation on relevant product and

services markets as well as guidelines for market analysis and

assessment of significant market power

be taken into account. Law (2010:497).



section 6 of The Government authority determines to be continuous

analyse the relevant markets have been defined according to

§ 5. In doing so, the European Commission's guidelines for

market analysis and the assessment of significant

influence on the market to be taken into account. For each market, the

determined if there is effective competition.



If an assessment referred to in the first subparagraph are found to

There is effective competition on a specific market,

to undertakings with significant market power on the market

identified and decisions about the obligations under Chapter 4.

paragraph 4, and Chapter 5. section 13.



If an assessment referred to in the first subparagraph are found to

There is effective competition on a specific market,

obligations ordered pursuant to Chapter 4. section 4 and 5

Cape. section 13 repealed. The timing of the withdrawal of an obligation

shall be determined taking into account the interests of the parties concerned.



For cross-border markets, as determined in accordance with the decision

by the European Commission to action under first to third

the paragraphs are decided after consultation with the competent authorities of the

the countries concerned. Law (2011:590).



paragraph 7 of a company shall be deemed to have significant market power on a

definition of a market where, either individually or jointly

with others, has a position of economic strength that, in

significant scale may occur independently of their

competitors, its customers and ultimately of consumers.



The Government or the authority, as the Government determines

Announces rules on guidelines and a basis for the assessment

under the first subparagraph.



Procedures for consultation



section 8 in a case if the obligation under Chapter 4. 13 (a) or section 14

or amending the State or condition of use

radio transmitters, or the number of electronic communication,

stakeholders and others who may have an interest in the matter given

reasonable time to express their views before decisions are made, but at least four

weeks unless there are special reasons against it.

Law (2011:590).



section 9 in a case if the end-user rights concerning publicly

available electronic communications services, the relevant

interest groups are given the opportunity to comment, if it can

be made without inconvenience.



section 10 of an authority shall draw up a proposal and give relevant

Parties the opportunity to comment on the proposal within a reasonable time

When it intends to



1. in accordance with paragraph 5 of establish a market distinct from them

as stated in the European Commission recommendation,



2. issue a decision in accordance with paragraph 6 of the second or third subparagraph, or

Chapter 3. section 7 or take other measures which have a significant

impact on a under paragraph 5 of the fixed market, or



3. notify the permit conditions whereby such restrictions

as indicated in Chapter 3. second or third paragraph of section 11.



The first subparagraph shall not apply to a dispute which has been referred to the

review under Chapter 7. section 10. Law (2011:590).



section 11 If a decision pursuant to section 5, section 6, second or third subparagraph,

Chapter 4. 3 or 4 or 5. section 13 could influence

trade between States within the European economic

area, a reasoned proposal for a decision

submitted to the competent authorities in other States, body

of European regulators for electronic

communication and the European Commission.



Notification to the Commission under the first subparagraph shall also

provided of a public authority in accordance with international agreements

intends to impose, amend or withdraw an obligation

taken pursuant to this Act. Law (2011:590).



11 a § on a proposal for a decision pursuant to section 6 of the other or

the third paragraph should be submitted for consultation pursuant to section 11 of the first

paragraph, the proposal is drawn up and forwarded within three years

from the most recent decision regarding the market in question or within

the longer period not exceeding three years that the European

the Commission has previously approved.



If a new recommendation referred to in paragraph 5 has been adopted and

the recommendation relating to a market that has not previously

in this analysis, the proposal for a decision rather than drawn up and

be submitted within two years from the date of publication of

the recommendation.



On the proposal for a decision cannot be submitted within the time

specified in the first or second paragraph, and the reason for this is

that market analysis under section 5 is not complete,

assistance with completion may be requested from the body of European

regulators for electronic communications. The proposal

must be submitted within six months thereafter. Law (2011:590).



paragraph 12 of Decision in cases referred to in section 11 may be notified at the earliest one

month after the handover has taken place.



A decision may be announced no earlier than two months after

the expiry of the period referred to in the first subparagraph, if the European

Commission within the time notified the authority that the

considering not to accept a proposal for a decision



1. means that a market which must be determined in accordance with paragraph 5 of

deviating from the Commission's recommendation, or



2. refers to the identification of the company in accordance with section 6, second paragraph.



If the Commission within the time limit referred to in the second subparagraph

decide not to accept such a proposal referred to therein,

decisions are not communicated. If the objections raised by the Commission,

be met by the proposed changes, the consultation under section 10

If the new proposal begin within six months from the date of

the Commission's decision. Law (2011:590).



12 a of If a proposal on obligations under Chapter 4.


3 or 5 – 12 sections or Chapter 5. section 13 has been submitted for consultation

According to section 11 of the first subparagraph and the European Commission have

announced that it has objections to the measures in the proposal

cooperation with the Commission shall take place and the body of European

regulators of electronic communication in order to

determine which measures are most effective and appropriate.



In such a case, a decision is taken not earlier than four months and

not later than five months after the end of the period referred to in section 12

the first paragraph. If required to a renewed

the consultation procedure provided for in §§ 10-12 can be implemented,

the deadline may be extended further. Law (2011:590).



section 13 if needed to ensure competition on a

market determined under section 5 or to protect

the interests of users, and a decision on action cannot

postponed, decision, without

consultation obligations in paragraphs 10 to 12, is announced to be valid for a maximum period of six

months. In such a case, the competent authorities, the European

the Commission and the body of European regulators

for electronic communications, without delay, be notified of

the decision and the reasons for this.



A decision on an action under the first paragraph shall not

be extended without consultation obligations in sections 10 to 12.

Law (2011:590).



section 14 of the result of a consultation procedure according to § § 8-12 shall

made publicly available, except in the case of data for

What confidentiality or professional secrecy applies in accordance with the law.



14 a of a decision under Chapter 4. 12 (a) or section 12 (c) shall not

taken without a draft decision has been approved

by the European Commission. Law (2010:497).



Amendment of decision in some cases



section 15 of the obligations and conditions ordered pursuant to this

law or by regulations issued pursuant

the law should be amended or repealed if the purpose of the action

no longer persists. A decision on the obligation under Chapter 4.

may be amended or repealed if the according to the order given

Access does not fulfill its commitments.



Time for a change or a cancellation of an obligation

or condition must be determined with reference to the relevant

interests of the parties.



Unbundling in some cases



paragraph 16 of the Government or the authority, as the Government determines

may decide on the obligation to keep separate accounts for the activities

in connection with the provision of electronic

communications networks or services for the



1. carries out activities that are notifiable pursuant to Chapter 2.

paragraph 1, and



2. have special or exclusive rights to provide other

services under this Act. Law (2011:590).



Fees



section 17 a processing fee may be charged by the



1. report the activities referred to in Chapter 2. paragraph 1, or



2. applying for authorisation or consent in accordance with Chapter 3. 1, 19,

23 or 24.



An annual fee must be paid by the



1. carries out activities that are registered pursuant to Chapter 2. paragraph 1, or



2. holding the licence referred to in Chapter 3. 1 or § 19.



The handling fee shall be equal to the costs of the authority

the handling of the case. The annual fees shall

all in all, correspond to the costs that an authority in other

has for its activities under this Act. The fees shall

distributed fair share on those involved in registered

activity or possession. Law (2010:497).



section 18 of The doing business who is enrolled pursuant to Chapter 2.

paragraph 1 shall pay a fee for the financing of measures against

serious peacetime threat and strain that comes

electronic communications. The fees collected shall

distributed fair share on those involved in registered

activity.



Appeal, etc.



section 19 A decision under this Act or under the

regulations made under the Act may be appealed to the

General administrative courts. Leave to appeal is required at

appeal to the administrative court.



Chamber of the Court in proceedings under this law shall not

subject to appeal. Law (2007:881).



19 a of Decision under this Act may be appealed against by the person

party to the proceedings, whether the decision has gone against the party, and also by

another whose rights are adversely affected by the decision.

Law (2009:546).



section 20 a decision pursuant to section 6, second paragraph relating to the

identification of undertakings with significant market power on a

market may be appealed only in connection with the decision to

adopt, repeal or amend a duty referred to in section 6,

subject to appeal.



A decision as referred to in Chapter 3. section 7 to limit the number of permits

may be appealed only in the context of the decision in question if the

permission to use radio transmitters subject to appeal. Law (2011:590).



section 21 a decision notice under Chapter 7. paragraph 4, a decision

If notice under Chapter 7. 10 a of and a decision not to

take up the dispute for resolution under Chapter 7. paragraph 10 (b)

subparagraph may not be appealed. Law (2007:881).



section 22 a decision under this Act or under the regulations

issued by virtue of the law shall apply immediately, if not

other things have been determined.



Prosecution in court



section 23 of the objective in administrative law and law relating to

review of the following decisions shall be dealt with promptly:



1. decision on specific obligations under Chapter 4. 4 §

or Chapter 5. section 13,



2. decisions of the supervisory matter under Chapter 7. section 5, if supervision

intended compliance of a decision provided for in 1,



3. the decision in proceedings under Chapter 7. section 10, if the

the dispute is based on a decision referred to in paragraph 1, and



4. decision concerning the identification of undertakings with significant market power

in a market as referred to in paragraph 6. Law (2011:590).



section 24 of the objectives referred to in section 23, a party in administrative law

invoke a new circumstance or new evidence after the

four months have passed from the time for appeal has expired,

only if the party could not do the Party likely to invoke

fact or evidence previously or otherwise had a valid

excuse not to do it.



In the case referred to in section 23, a new circumstance or a new

evidence be invoked first in court only if there is

serious reasons. Law (2009:839).



The composition of the courts



25 § examination of the objectives referred to in section 23 shall

the administrative court shall consist of two members and two in-training

economic experts. If one of the financial experts,

unavailable since the proceedings have begun, the right still

attained.



The first sentence of the first subparagraph shall not apply if any other

to the provisions of section 18 of the Act (1971:289) on the General

administrative courts. Law (2009:839).



section 26 During consideration of the objectives referred to in section 23 of the administrative court shall

consist of three members and two financial experts-in-training.

If one of the financial experts are unable to attend then

the proceedings have begun, the law still attained.



Chamber the quorum, but financial experts in cases

specified in section 12, fourth paragraph, Act (1971:289) on the General

administrative courts and in consideration of the objectives of

simple nature.



Moreover, also in the case referred to in the first paragraph, section 12

seventh-ninth subparagraphs Act (1971:289) on the General

administrative tribunals in the case of Swed

composition. In dealing with issues of

leave to appeal and the issues dealt with at the same time, thereby

should also, however, an economic expert included in the law, unless

the goal is of simple nature. Team (2013:103).



paragraph 27 of the Government, or the Government authority determines,

orders for some time those who shall serve as the economic

Experts pursuant to §§ 25 and 26. Occurs while an economic

expert involved in processing a case a circumstance that

means that the appointment shall expire, shall

the appointment still considered to remain valid in the current

goal.



The program shall serve as an economic expert to be Swedish

citizens and must not be a minor or bankrupt State

nor have trustees under Chapter 11. 7 § parental code.

Law (2007:881).



Inhibition



section 28 when a court pursuant to section 28 of the code of administrative procedure

(1971:291) taking a position on whether a decision taken by

virtue of this Act shall not apply until further notice, the Court shall

pay particular attention to what is in Chapter 1. section 1 indicates whether the policy of the law.

Law (2007:881).



Transitional provisions



2007:881



1. this law shall enter into force on 1 January 2008.



2. For damage caused before its entry into force does not apply to those

new provisions of Chapter 7. 13 a of.



3. For the decisions which the Administrative Court met prior to the entry into force

applies to Chapter 8. section 19 of its older version.



4. For appeals concluded prior to the entry into force

do not apply the new provisions of Chapter 8. 23 and 24 sections.



2008:600



1. this law shall enter into force on 1 January 2008.



2. What is said in Chapter 7. section 17 shall also apply to the assigned

to pay an administrative fine or sentenced to pay

liquidated damages under the Competition Act (1993:20).



2008:719



1. this law shall enter into force on 1 January 2009.



2. the obligation for operators who own the wire transfer

signals to the liaison points referred to in Chapter 6. 19 a of to

apply for the first time on december 1, 2009.

Law (2009:578).



2009:546



1. this law shall enter into force on 1 July 2009.



2. Older regulations still apply to the appeal of the

order issued before the entry into force and for disputes

decided by the supervisory authority before the date of entry into force.



2010:497



1. this law shall enter into force on 1 August 2010.



2. in respect of cases that have been decided by the supervisory authority

before the entry into force, and that an appeal must be examined


of the General Administrative Court after the entry into force, the 7

Cape. section 10 of its older version.



3. upon entry into force has a permission to use

radio transmitters for specific radio is considered to have a

permission to use radio transmitters in a given

frequency space. The period of validity of such authorisation shall

be deemed extended by ten years, if the condition applies to the far

31 december 2015 and has not previously been extended

or renewed. The new provision in Chapter 3. 12 (b) § shall not

applied to the conditions which have been extended before the date of entry into force

and that after the appeal shall be examined by the Administrative Court

After the entry into force.



4. Older regulations requiring the State to use

individual radio transmitters within the framework of a State to

using the radio transmitter for some on, apply

still if the permit granted before the entry into force.



2011:590



1. this law shall enter into force on July 1, 2011.



2. Licence conditions determined in accordance with Chapter 3. section 11 of the first

paragraph before 1 July 2011, and who would not have decided

under the new provisions of Chapter 3. section 11 of the second or third

subparagraph, expire on 26 May 2016.