telecommunications message means sound, text, pictures, data or other information conveyed by aid of radio transmission or light emission or electromagnetic oscillations utilizing especially devised conductor;
telecommunications services means the conveyance of telecommunications message for the account of a third party;
mobile telecommunications services means telecommunications services with radio-aided connection of subscribers in a mobile termination point;
telephony services means telecommunications services which consist of speech transmission and which permit transmission of telefax messages and data communication via low-speed modems;
telecommunications activities means conveyance of telecommunications messages via telecommunications network or the provision of network capacity for such activities;
telecommunications network means an installation intended for the conveyance of telecommunications messages.
network capacity means transfer capacity in a telecommunications network or part thereof
leased lines means network capacity between termination points referred to in the Council Directive 92/44/EEC of 5 June 1992 on the application of open network provision to leased lines.
interconnection means the physical and logical connection of telecommunications networks enabling telecommunications services provided in a telecommunications network to operate between the termination points of all users, both fixed and mobile, and where users are afforded the possibility of access to services provided in the network.
By telecommunications activities is not meant broadcasting of sound radio programmes to the public or other activities as specified in Chapter, 1, Article 1, third paragraph, first sentence of the Fundamental Law on Freedom of Expression.
1. that anyone shall be able to use, at his/her permanent place of residence or regular business location and at an affordable price, telephony services within a public telecommunications network,
2. that everybody shall have access to telecommunications services on equivalent terms, and
3. that telecommunications shall be sustainable and accessible during crises and wartime.
The Government or the public authority appointed by the Government may decide that private individuals, legal entities and public authorities shall be ensured access to telecommunications services or network capacity through public procurement.
Section 4 a
1. telephony services to a fixed termination point,
2. mobile telecommunications services,
3. other telecommunications services requiring allocation of capacity from the numbering plan for telephony under Section 21, and
4. network capacity.
The Government or, if authorised by the Government, the supervisory authority may issue regulations concerning exemptions from mandatory notification.
Section 4 b
A licence may relate to a specific area or to the whole of
If needed in order to monitor the development of the
telecommunications sector, the Government or the public authority appointed by the
Government may issue regulations concerning the duty of persons conducting, within a
public telecommunications network, telecommunications activity not subject to the
obligation to give notice according to Section 4 a to provide information concerning the
Should the deviation relate to only a certain part of the activity, the revocation is to be limited to such part.
A licence may also be revoked if the preconditions for the grant of licence no longer exist or the licence-holder so requests.
If the licence is revoked, the supervisory authority may decide
how the activity is to be wound up.
This also applies when the frequency spectrum allotted to a mobile telecommunications service is extended or in other ways permits the grant of further licences without restricting current use. The invitation procedure shall only relate to this frequency spectrum thereby made available.
The Government or, if authorised by the Government, the
supervisory authority may issue regulations as to the objective criteria to be applied
when considering licence applications according to this Section.
1. to provide on certain conditions telephony services to a fixed termination point to anyone requesting such service,
2. to provide, having regard to available capacity and on certain conditions, network capacity to anyone so requesting,
3. to provide information about the owner of the activity,
4. to conduct the activity permanently and with good capacity and quality,
5. to fulfil in a certain way that prescribed in Sections 17a and 20 b,
6. to publish on reasonable conditions in its own telephone directory information about individual telecommunications subscriptions at entities subject to mandatory notification, to the extent that such information is not subject to obligation of confidentiality according to law, and
7. to, without special compensation, maintain automatic telephones, to the extent which as regards number and geographical coverage satisfies public needs.
A licence under Section 5 to conduct telecommunications activities shall be combined with a condition to fulfil in a certain way that prescribed in Section 14 a.
The Government or, if authorised by the Government, the supervisory authority shall make detailed regulations on the manner in which licence conditions shall be satisfied.
Section 14 a
The content of and information about the telecommunications
messages subject to interception or monitoring shall be made available so that information
may be easily dealt with. (Act 1996:416)
Section 17 a
1. to conduct the activity on the preconditions arising by virtue of the international agreements that Sweden has agreed to,
2. to have regard in the activity to the needs of persons with disabilities of special telecommunications services,
3. to contribute to enabling telecommunications messages to be conveyed to public emergency services,
4. to recognise the needs of the Swedish Total Defence of telecommunications in times of alert,
5. to submit annual reports on those parts of the activity which are subject to the obligation to give notice, following application of principles especially adapted to the activity, and to make such reports available to the supervisory authority or the party nominated by the authority.
6. to provide, on reasonable terms, to any party who, for the purpose of providing enquiry services, so requests such information about the telephone subscription of a private individual or legal entity as is not subject to the obligation of confidentiality according to Section 25, first paragraph, item 1 of this Act,
7. to provide in its activities, on reasonable terms, to the public information about the telephone subscription of private individuals or legal entities with other parties subject to the obligation to give notice to the extent that they are not subject to an obligation of confidentiality according to law, and
8. to, for statistical purposes, provide information about the activity.
The Government or, if authorised by the Government, the supervisory authority may issue detailed regulations concerning the way in which, and to what extent, the obligations in the first paragraph shall be fulfilled.
Section 17 b
This also applies to a party which within a public telecommunications network provides other telecommunications services to an extent which, having regard to the area covered, number of users or other comparable circumstance is considerable.
The compensation for the provision of interconnection of telephony services delivered to a fixed termination point shall be fair and reasonable in relation to the performance costs. The same shall apply to interconnection of telephony services to a mobile termination point if this service is supplied by a party having significant power in the market for interconnection and is notified in accordance with Section 4 b. Market terms may be decided for other kinds of interconnection.
In exceptional cases, the supervisory authority may grant exemption from the obligation under the first paragraph if the interconnection requested should, to a significant extent, restrict the activity of the party obliged to interconnect.
Section 20 a
Section 20 b
1. to meet every reasonable demand for access to the telecommunications network for the purpose of interconnection,
2. to publish tariffs for interconnection,
3. to offer equivalent terms to everybody who requests interconnection,
4. to provide, on request, all information necessary for agreements on interconnection,
5. to supply the supervisory authority with agreements concerning interconnection, and
6. to, in their accounts of the business keep revenue and expenditure related to interconnection separate from other activities.
The first paragraph, items 2 and 6, do not apply to a party supplying mobile telecommunications services.
A party notified according to Section 4 b shall, on request by the supervisory authority, prove that the compensation for interconnection is as stated in Section 20, second paragraph, first sentence.
If a tariff referred to in the first paragraph, item 2, does not apply with this Act or with licence conditions or with regulations issued under the Act the supervisory authority may decide that the tariff should be changed in certain respects.
Section 20 c
The supervisory authority may in that connection determine the conditions necessary for the interconnection.
Section 20 d
As regards such connection, the provisions concerning
interconnection in Sections 20 a and 20 b, first paragraph, items 3-5, and second
paragraph and 20 c apply.
1. pursue activities notified in accordance with 4 a,
2. give notice of such activities,
3. apply for a licence, or
4. apply for advance decision.
The Government or the authority appointed by the Government may
prescribe that a party pursuing activities notified in accordance with Section 4 a shall
pay a charge to finance measures related to defence preparedness in the telecommunications
1. information on a telecommunications subscription,
2. the contents of a telecommunications message, or
3. other information relating to any specific telecommunications message
must not without authorisation forward or utlilize what he/she has become cognizant of or obtained access to.
The obligation of confidentiality, as defined in the first paragraph, does not apply in relation to a party who has participated in the exchange of a telecommunications message or who has in some other way dispatched or received such a message. The obligation of confidentiality with regard to information as referred to in the first paragraph items 1 and 3 does not apply in relation to a holder of a subscription used to convey a telecommunications message.
1. measures to retain dispatches as referred to in Chapter 27, Section 9 of the Code on Judicial Procedure,
2. any matter relating to the use of secret telecommunications interception or secret telecommunications monitoring according to Chapter 27, Section 18 or 19 of the Code on Judicial Procedure.
1. information as referred to in Section 25, first paragraph, item 1, to a public authority which in an individual case is in need of such information for service pursuant to the Service of Documents Act (1970:428) if the said authority considers that it may be assumed that the party sought for in order to be served is keeping himself/herself unavailable or that there are otherwise extraordinary reasons,
2. information as referred to in Section 25, first paragraph, item 1, which concerns suspicion of a crime, to the public prosecution authority, police authority or any other public authority whose task it is to intervene against such offence, if the penalty prescribed for the offence is prison and if it may, in the view of the authority, entail a sanction other than fines.
3. information as referred to in Section 25, fist paragraph, item 3, which concerns suspicion of crime, to the public prosecution authority, police authority or any other public authority whose task it is to intervene against such offence, unless a less severe sanction than two years in prison is prescribed for the crime.
4. information as referred to in Section 25, first paragraph, item 1, to an enforcement service in need of the information in enforcement operations, if the authority consider that the information is of considerable importance for dealing with a matter,
5. information as referred to in Section 25, first paragraph, item 1, to a tax authority in need of the information for operations relating to the checking of tax or charges or in investigations concerning the correct population registration district under the Population Registration Act (1991:481), if the authority considers that the information is of considerable importance for dealing with the matter,
6. information as referred to in Section 25, first paragraph, item 1, to a police authority, if the authority considers that the information is required in connection with providing notification, tracing or identification in the event of accident or fatality or in order for the authority to perform information referred to in Section 12 of the Police Act (1984:387),
7. information as referred to in Section 25, first paragraph, item 1, to the police authority or public prosecution authority, if the authority consider that the information is needed in a special case in order that the authority may fulfil obligations to provide information in accordance with Section 31, third paragraph of the Act with Special Provisions concerning Young Offenders (1964:167).
The provisions of the Data Act (1973:289) shall apply with regard to other personal data entered in personal registers used in telecommunications activities than such as are referred to in Section 25, first paragraph.
The supervisory authority is entitled for the purpose of supervision
1. to receive upon request the information and documents needed, and
2. to obtain access to such areas and premises and other spaces, with the exception of dwellings, where activities subject to this Act are carried on.
The supervisory authority is entitled to obtain execution by the enforcement service of decisions relating to supervision measures according to the second paragraph. In this connection the provisions of the Code on Enforcement apply to such activity as is referred to in Chapter 16, Section 10 of the Code.
If a dispute arises relating to the application of the Act or of the regulations or licence conditions issued under the Act, the supervisory authority shall expeditiously investigate the situation and, if special reasons do not suggest otherwise, mediate between the parties. The authority may in such a dispute express its views if requested by a party.
Section 32 a
Should disputes ensue during negotiations concerning interconnection terms, or terms for connection of network capacity in accordance with Section 20 d the supervisory authority shall, on the request of either party, to the extent necessary to ensure compliance with the Act or licence conditions or regulations issued under the Act, stipulate what shall apply between the parties concerning the issues subject to the dispute.
Section 33 a
The Penal Code contains provisions concerning liability of persons breaching the obligation of confidentiality prescribed in Section 25 or 26.
Leave to appeal is needed in order to appeal to the administrative court of appeal.
A decision which does not entail revocation of licence or the imposition of a charge, is immediately effective unless otherwise decided.
The supervisory authority and the court considering an appeal may
decide that a decision of revocation of licence is immediately effective if there are
special reasons for so doing.
The Government or such public authority appointed by the Government may issue regulations governing the peacetime planning for meeting the needs of the Total Defence system of telecommunications under such conditions as are specified in the first paragraph.
1. This Act* shall enter into force on 1 July 1997.
2. A party which at the time of the entry into force of the Act holds a licence according to Section 5, shall be considered as having given notice in accordance with Section 4 a. As regards other parties carrying on, at the time of the entry into force of the Act, an activity subject to an obligation to give notice according to Section 4 a, shall give notice to the supervisory authority by 1 November 1997 at the latest.
3. In matters concerning application for licences, the new provisions shall apply to determinations made after the entry into force of the Act.
4. The provision in Section 37 concerning leave to appeal does not apply to cases when the first decision in the matter is made before the entry into force.