Act (2000:121) On Radio Equipment And Telecommunications Terminal Equipment

Original Language Title: Lag (2000:121) om radio- och teleterminalutrustning

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Scope of application and definitions



section 1 of this Act contains provisions on radio equipment and

telecommunications terminal equipment.



The Government or the authority that the Government may

provide for the applicability of the law when the equipment

included in or is an accessory to another product.



When it comes to the use of radio equipment and

the provision of electronic communications networks and

communication services provision in the Act (2003:389) if

electronic communications. Lag (2003:395).



2 for the purposes of this Act, section



equipment: a product that is either radio equipment or

telecommunications terminal equipment or both;



radio equipment means a product enabling communication with

means of transmission or reception of radio waves within a

frequency range allocated to terrestrial

or satellite communication or a relevant component of a

such a product,



radio waves: electromagnetic waves of frequencies from 9

kilohertz to gigahertz which is spreading without special

co-organised by the leader,



"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 frequency,



telecommunications terminal equipment "means a product enabling communication

and intended to be connected directly or indirectly to a

public telecommunications network, or a relevant component of a

such a product,



' public telecommunications network ' means a telecommunications network which is wholly or partly

used to provide telecommunications services or network capacity

to the public,



telephone operator: the acquisition terms, engaged in telecommunications.



section 3 of the Act excludes the following equipment:



1. radio equipment used by radio amateurs within the meaning of article

S 1.56 in the International Telecommunications Union radio regulations, unless

the equipment is not available in the trade,



2. equipment covered by Council Directive 96/98/EC of the

20 december 1996 on marine utrustning3,



3. cables and wiring,



4. receive only radio equipment intended to be used only

for reception of radio and television broadcasts,



5. products, appliances and components within the meaning of

Article 2 of Council Regulation (EEC) No 3922/91 of 16

December 1991 on the harmonisation of technical requirements and

administrative procedures in the field of civil luftfart4 and



6. equipment and systems for the management of air traffic in accordance with

Article 1 of Council Directive 93/65/EEC of 19 July 1993 on the

the definition and use of compatible technical

specifications for the procurement of equipment and systems for

the leadership of lufttrafiken5.



Kits with loose parts intended to be assembled by

radio amateurs and commercial equipment modified by and

for radio amateurs are not regarded as equipment available to

available in the trade.



The Government or the authority that the Government may

provide for exemptions from this Act with regard to

equipment exclusively used for activities concerning

public security, defence and national security or State

activities in the area of criminal law.



Requirements for equipment



section 4 of the Equipment may be placed on the market and put into service

only if it complies with the essential requirements and the requirements

Moreover, when it comes to product information, assessment of

compliance and labelling laid down by the Government

or the authority, as the Government determines.



Radio equipment shall, in addition to the first

paragraph, put into service only if the use is compatible with the

Act (2003:389) on electronic communications and regulations

delivered with the support of the law.



The Government or the authority that the Government may

provide for the obligation to make notification to the

the supervisory authority before the radio equipment using

frequency bands whose use is not harmonised throughout the European

the community is placed on the market. If it is necessary to

avoid harmful interference, the Government or the authority

as the Government announce regulations that restrict

the right to place radio equipment on the market, even if the

in all other respects comply with the requirements of Community law. Lag (2003:395).



§ 5 If the equipment meets the requirements set out in the relevant harmonised

standards or parts thereof whose reference numbers have

published in the official journal of the European communities,

It shall be presumed that the essential requirements referred to

in paragraph 4, first subparagraph, and which are covered by these standards are

met.



section 6, although some equipment does not meet the requirements referred to in

paragraph 4, it may appear on trade fairs, exhibitions,

demonstrations or similar. It must be clearly stated

that equipment may not be marketed or put into service until the

meets the requirements.



The connection right



section 7 Only equipment which meets the requirements referred to in paragraph 4,

be connected to a public telecommunications network. A telephone operator

cannot, for technical reasons, refuse to connect such equipment

to the telephone network.



With the consent of the supervisory authority may, however, the operator

refuse to connect, disconnect or remove the use equipment

referred to in the first subparagraph, if it causes harm to the network or

its function, or will cause harmful interference. In case of emergency,

the equipment is disconnected immediately, if it is required to

protect the network and the user, without delay and free of charge,

be offered an alternative solution. The operator must then immediately

inform the supervisory authority.



A provider of a public telecommunications network shall inform

supervisor about the technical specifications to be

be followed when connecting to the Web and publish accurate

and adequate technical specifications of the interfaces

available.



The Government or the authority that the Government may

announce details relating to the requirements referred to in the third subparagraph.

Lag (2003:395).



Supervision



§ 8 the authority the Government supervises

compliance with this Act and the regulations that have

issued by virtue of law.



§ 9 the supervisory authority has the right to necessary

supervision



1. request information and receive documents,



2. get access to areas, buildings and other areas, however,

not residential, and



3. whoever manufactures, to Sweden for, sell or

lease equipment to gain access to this control.



The Government or the authority that the Government may

provide for compensation to the provider of the

the supervisory authority, the equipment shall be checked and

If the obligation to pay the costs of the authority

the control.



The supervisory authority has the right to obtain enforcement of

enforcement authority of decisions concerning actions referred to in

the first paragraph. In doing so, the decision may be enforced under

the enforcement code. Act (2000:1114).



section 10 of the regulatory authority may inform the injunctions and

prohibition necessary for enforcement of this Act or

regulations issued under the law.



In the case of radio equipment that has caused or if there is reason to

likely to cause harmful interference,

the supervisory authority announce injunctions or prohibitions

restricting or prohibiting the placing on the market or

withdrawal from the market, even if the equipment in trivia

meet the requirements of Community law.



In the decision on the injunction or prohibition may supervisor

put out a penalty.



Fees



section 10 (a) to cover the costs of the supervisory authority

supervision according to this law, the fee payable by the

engaged in business who is enrolled pursuant to Chapter 2. section 1 of the Act

(2003:389) on electronic communications or authorized

According to Chapter 3. section 1 of the Act.



The fee shall be paid in accordance with the grounds leading to the

costs with fair share is allocated to those involved in

registered business or holds a permit. Lag (2003:395).



Penalty



section 11 of The who with intent or by negligence inside out

equipment on the market in breach of the requirements laid down in

the regulations, announced by virtue of paragraph 4 of the first or third

subparagraph, shall be liable to a fine or imprisonment of up to six months.



section 12 of The who with intent or by negligence to a General

telecommunications network connecting telecommunications terminal equipment which does not

satisfy the requirements set out in the regulations, announced with support

by paragraph 4 of the first or third paragraph, shall be liable to a fine.



paragraph 13 of The who have violated a penalty payment mechanism or a

injunction shall not incur liability under this Act for

the Act covered by the injunction or prohibition.



section 14 of the equipment that has been the subject of a crime under 11 or

section 12 shall be declared forfeited, if it is necessary to

prevent crime and this is not manifestly unreasonable.



Appeal



section 15 regulatory authority's decision under this Act may

be appealed to the administrative court.



Leave to appeal is required for an appeal to the administrative court.



Decisions under this Act shall be effective immediately, unless otherwise

determined.



Transitional provisions



2000:121



1. this law shall enter into force on 8 april 2000, when the Act

(1992:1527) on telecommunications terminal equipment expires.



2. Equipment, until 8 april 2001 be placed on the

the market or put into service, if it meets the requirements of this

According to the provisions in force at the entry into force.

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