Draft 22 September 1997
Art. 1. This Law shall regulate the public relations connected with the carrying out of telecommunications in the Republic of Bulgaria.
Art. 2. (1) The State policy and regulation in the field of telecommunications shall be carried out by the Committee of Posts and Telecommunications ("the Committee") which shall be a body of the Council of Ministers.
(2) The Committee performs the functions under para 1 on the basis of principles of openness and transparency.
Art. 3. Telecommunications shall be carried out by telecommunications operators on the grounds of individual, class, or general licences.
Art. 4. The Committee and the Public Telecommunications Operators (PTOs) shall take all measures to secure freedom and confidentiality of telecommunications.
POLICY AND REGULATION OF TELECOMMUNICATIONS
Art. 5. (1) The Committee shall implement the state policy in the field of telecommunications and shall:
1. lay down the telecommunications development strategy and principles;
2. set up prerequisites to meet the demands for telecommunications services;
3. establish the basis to ensure the provision of Universal Services (USP) by PTOs;
4. define the telecommunications which shall be subject to individual, class or general licences;
5. grant licenses for carrying out telecommunications;
6. keep open to the general public registers of granted licences;
7. promote the interests of users with the telecommunications operators;
8. lay down compulsory requirements on service quality and efficiency;
9. develop and conduct the telecommunications tariff policy;
10. set licence fees jointly with the Ministry of Finance;
11. represent the State in the process of development of standardisation policy in the field of telecommunications;
12. lay down the procedure and conditions for type approval of terminal equipment and radio devices;
13. lay down the procedure and conditions for the installation and usage of cryptography features in telecommunications networks and services;
14. define the principles and draw up a numbering plan in compliance with the development strategy objectives;
15. plan and allocate radio frequencies and bandwidths for civil needs;
16. lay down the procedure and conditions ensuring electromagnetic compatibility between emitting radio installations;
17. lay down the procedure and conditions ensuring electromagnetic compatibility and approval of telecommunication installations for civil needs in respect of electromagnetic compatibility;
18. represent the Republic of Bulgaria in international telecommunications organisations;
19. apply the directives, regulations and decisions of the European Union and the policies of international organisations in the field of telecommunications in the cases where the national circumstances make this possible;
20. lay down the procedure and conditions for the use of telecommunications networks and radio installations for the needs of national security and defence, as well as in circumstances of Force Majeure or public calamity; the procedure and conditions shall be co-ordinated with Home Affairs, Defence Ministry and other bodies concerned;
21. perform the State supervision on telecommunications;
22. plan, allocate and control the funding of specialised educational institutions in the field of communications through the State budget;
(2) The Chairman of the Committee issues ordinances in application of this chapter.
Art. 6. The Committee shall exercise the regulatory functions in the field of telecommunications and shall:
1. control compliance with the license terms and conditions and require information from the licensees;
2. amend, supplement and withdraw the licences granted;
3. supervise compliance with the tariff policy;
4. allocate and control the national numbering plan;
5. monitor the use of radio frequencies for civil needs;
6. supervise compliance with the regulatory framework and mandatory telecommunications standards;
7. control frequency and electromagnetic compatibility;
8. participate in the proceedings of the Technical Standardisation Committees in telecommunications;
9. approve the type of terminal equipment and radio installations for civil purposes, grant approvals and keep registers about them;
10. approve terminal equipment and radio installations for civil purposes for electromagnetic compatibility, grant approvals and keep registers about them;
11. lay down the procedure and conditions for interconnection of the networks of telecommunications operators, shall they not reach agreement;
12. supervise compliance with the procedural rules and technical parameters of the radio services, as required in the international radiocommunications regulations;
13. supervise the quality of services and service maintenance;
14. consider and respond to complaints, warnings, etc. which have been filed;
15. inform the public of telecommunications issues;
16. set up prerequisites for effective and fair competition between public telecommunications operators, for the benefit of users;
17. establish mediation in any disputes between telecommunications operators, telecommunications service providers and users that may arise under this Law, regulations or licenses;
Art. 7. (1) The Committee shall take such measures as may be necessary to ensure that it duly considers the interests of affected persons in the adoption of any of the acts on the impelementation of this Law.
(2) The Committee shall give one month advance notice of the particulars of the draft proposal by general publication and persons concerned shall have the opportunity to provide comment to the Committee.
(3) The Committee shall duly consider all such comments and, thereafter, shall issue a written decision containing its reasons for adopting or declining to adopt any such decision or regulation.
Art. 8. A National Telecommunications Fund shall be established with the Committee.
Art. 9. (1) The resources of the Fund shall be raised from:
1. licence fees;
deposited capital revenues;
4. other revenues.
(2) The resources of the Fund shall be used for:
1. funding of telecommunication projects of national significance, as well as projects, related to the defence and security of the country;
2. subsidies for public telecommunications operators, offering USP;
3. financial assistance to projects, related with transfer of frequencies from military to civil use;
4. funding of the Committee and the State Telecommunications Inspectorate;
5. funding of a unit, dedicated for type approval of terminal equipment; 6. funding of a National communications scientific institute; 7. other expenses.
Art. 10. The National Telecommunications Fund shall be managed in accordance with an ordinance of the chairman of the Committee. The ordinance shall be co-ordinated with the Ministry of Finance.
Art. 11. (1) Any natural or legal person that operates a telecommunications network or provides a telecommunications service must obtain a license in accordance with this Law.
(2) The chairman of the Committee grants licenses under para 1.
Art. 12. (1) Licenses are issued as follows:
to the "Main public telecommunications operator" to operate public telecommunications networks and provide public telecommunications services;
to operate a public telecommunications network or provide a public telecommunications service;
to operate a private telecommunications network or provide telecommunications services to closed users groups, not included in i.2.;
to operate other telecommunications networks and to provide other telecommunications services.
(2) The Committee keeps open to the public registers of granted licenses.
Art. 13. The requirements for obtaining a license shall be equivalent for all applicants intending to operate the same kind of telecommunications network or providing the same kind of telecommunications service.
Art. 14. The Committee shall not grant licenses on a limited basis, except as provided in Art. 47. para 1, i.2., or when a resource is limited. or other substantial reasons are requiring such exemptions.
Art. 15. No licence shall be required for the establishment, operation and maintenance of private telecommunications networks for private needs where those have no access to public telecommunications networks:
1. on premises under single or joint ownership/occupation;
2. connecting several premises under single or joint ownership/occupation, provided that the distance between each two real estates does not exceed 300 metres;
3. on premises under single or joint ownership/occupation which are interconnected by one or more leased lines, provided by a public telecommunications operator.
Art. 16. Any person using radio frequency for civil needs and/or establishing and using emitting radio installations for civil needs shall be authorised by a licence, granted by the chairman of the Committee, including the cases under Art. 15 above.
Art. 17. (1) Licences shall be issued to the applicant personally.
(2) They may be transferred to third parties only with prior consent of the Committee.
(3) A licence gained in competition or tender procedure cannot be transferred. An exception to this proscription is admissible when the applicant has declared in advance his intentions to set up a company entirely owned by him, operating the licensed activities.
Art. 18. The maximum licensing period is up to 25 years and may be extended when the licensee is complying with this Law and licence conditions. The overall licensing term cannot exceed 50 years.
Art. 19. The refusal to grant a licence or any decision to amend a licence shall be taken on the basis of an order of the chairman of the Committee setting forth the factual and legal ground for its issuing and can be appealed at Court under the Administrative Procedural Law.
PRINCIPLES, GOVERNING THE LICENSING PROCEEDINGS
Art. 20. (1) The Committee shall promote the creation of a liberalised telecommunications market and shall liberalise the telecommuniucations in terms stipulated,issuing licences to any applicant, having submitted his request in the Committee that meets the conditions with exception in the cases under Art.21. para 1.
(2) The terms under para 1 are an element of the state policy in telecommunications and are periodically updated and published in "Telecommunications policy" statement of the Committee, approved by the Council of Ministers.
Art. 21. (1) The Committee shall organise a competition, followed by a tender for a licence to establish, maintain and operate a public telecommunications network or provide telecommunications services using frequencies in such cases as:
1. the effective service coverage exceeds 50% of the country;
2. the service can be accessed by more than 50 000 users;
3. a dedicated bandwidth is concerned;
4. the summarised applicants needs of frequency spectrum exceeds the available bandwidth.
(2) In cases of limited resources a licence under art.12 para 1 point 3 shall be granted to the first applicant, submitting in the Committee his request in due written form.
Art. 22. The Committee shall publish in two national newspapers his intentions to grant licences in a competition and tender procedure and shall afford persons concerned an opportunity to comment on licensees application in one month time after the publication.
LICENCE GRANTING CONDITIONS AND PROCEDURES
Art. 23 This Law regulates the procedure and the conditions for granting licences.
Art. 24 (1) The licensee is determined under Art. 21 para 1 by a procedure including competition and tender.
(2) The procedure begins with the organisation of a competition which is completed by an assessment of the applicants that meet the conditions for participation in the tender. The competition may proceed with or without the attendance of the competitors.
(3) The tender is performed by written or open bidding
Art.25 (1) The chairman of the Committee shall appoint a commission to carry out the procedure for granting of licences.
(2) Representatives of the Ministry of Home Affairs, Ministry of Defence, Ministry of Finance and other bodies related to the subject of the licence can be appointed as members of the commission.
Art.26 (1) On submission of an application for a licence in accordance with the requirements under Art..20 para 2 and Art. 21 para 1, the Committee shall notify the applicant within one month for his decision to start a study, concerning the application.
(2) Within six months after the notification of the applicant the Committee carries out the publications provided for in Art.22, when the study ends with a possibility to grant a licence.
Art.27 The Committee may open a procedure for granting of licences ex officio in compliance with the requirements under art. 22, whereinafter publishes the announcement under art.28.
Art.28 Within one month after the receipt and the consideration of the standpoints of the persons concerned under art.22, the Committee shall publish an announcement in a central and a local paper opening the procedure for granting of a licence and in consequential circumstances in the "State Gazette" and in a foreign newspaper as well, in which shall state:
1. the date, the place and the hour of the competition;
2. the required form and content of the application package;
3. the term and the place of submission;
4. the sum of the deposit for participation.
Art.29 (1) The required application package, the requirements for the performance of the competition, the criteria for the assessment and the conditions for the participation in the tender are laid down in any particular case in accordance with the kind of telecommunications, which shall be licensed and are offered as information to the candidates at a price determined by the commission.
(2) The candidates may get information about the content of the licences they are applying for.
Art. 30. The procedure shall begin when at least three months have expired since the publication of the announcement under art. 28.
Art.31 (1) The application for participation in the procedure shall be in writing and shall include:
1. a certificate for the legal status of the candidate;
2. an evidence for the financial capacity necessary for the performance of the activity concerned;
3. a preliminary technical project and business plan;
4. a certificate for the sum deposited, or bank guarantees for the amount of the deposit;
5. a declaration for keeping confidentiality concerning the data contained in the competition package;
6. other documents that may be required by the commission.
(2) All the documents are submitted in Bulgarian language.
Art. 32. (1) If the documents do not meet the requirements, the applicant is given a seven day period to remove the discrepancies. Otherwise he is not allowed to take part in the competition.
(2) The commission announces in written form his decision concerning the participation in the competition within a 7-day period after the expiration of the term in para 1.
Art. 33 (1) Within one month after the completion of the competition the commission shall assess the candidates following the criteria accepted and shall determine the candidates that can be allowed to take part in the tender.
(2) The participants in the competition shall be notified in writing about the competition outcome, the candidates that are allowed to take part in the tender shall be informed about the tender proceedings.
(3) The competition outcome and the date and place of the tender shall be published in the same newspaper where the announcement of the procedure for granting of licences has been published.
Art. 34 The tender shall take place within one month after the decision of the commission under Art.33 para 1 has been taken.
Art. 35(1) The commission shall determine the person winning the tender.
(2) The commission shall within fourteen days present a report to the chairman of the Committee containing the minutes related to the performance of the procedure.
(3) The arguments of the commission as well as the full set of documents on the basis of which the candidates have taken part in the procedure shall be enclosed to the report.
Art. 36(1) The chairman of the Committee shall issue an order approving the results, delivered by the commission in a period of seven days after the receipt of documents.
(2)The chairman of the Committee issuing the order shall oblige the candidate approved to pay the bidding sum which is the initial licence fee.
(3) The term for paying the sum under para 2 shall be envisaged in the order and this term cannot be longer than one month.
Art. 37(1) In case the candidate approved cannot fulfil the obligation to pay the sum within the term required by law, the licence is granted to the next ranged participant in the tender.
(2) In case the second ranged participant cannot pay the sum within the term under art.36 para 3 the Committee shall announce a new procedure for granting the same licence within the term under art.30.
(3) In cases under para 1 and 2 the deposited sum is retained at the Committee. Art. 38 (1) The chairman of the Committee shall grant the licence to the person, that has won the tender within a period of one month after the issue of the order under art. 36 para 1. (2) The candidate approved shall be bound by the propositions made during the performance of the competition and the tender.
Art. 39. Licences to operate public telecommunications networks and to provide public telecommunication services shall contain the following:
1 the name of the licensee and its legal status;
2 a description of the telecommunications network to be operated or the telecommunications services to be provided;
3 coverage area of the licence;
4 whether the licence granted is exclusive and its term;
5 obligations with respect to the development or expansion of the network or the provision of services; time schedule to undertake the activity;
6 obligations to comply with standards and other technical requirements, related to telecommunications networks and services;
7 obligations to take account of the needs for reliability in the case of Force Majeure or other states of emergency in constructing and operating such networks, and in providing such services;
8 obligations to provide services to all users on a non-discriminatory basis;
9 the right to suspend the provision of service to any user for non-payment or for violation of the service agreement;
10 obligations to carry emergency calls free of charge;
11 obligations with respect to the installation, placement and maintenance of public call boxes, if any;
12 conditions for access to the network and obligations, if any, to interconnect with other networks;
13 conditions, if any, and principles in defining tariff rates;
14 obligation to publish the tariffs;
15 obligation to refrain from using revenues from the operation of public telecommunications networks and the provision of public telecommunications services in an important market share position to cross-subsidise other networks and services;
16 the obligations, if any, to publish a directory of subscribers;
17 the obligation to provide, on a non-discriminatory basis, non-confidential subscriber-related information to other persons, including other public telecommunications network operators or providers of public telecommunications services, for purposes of publishing directories;
18 obligation to ensure confidentiality of any user communication, any proprietary information, or any information that, if disclosed, would threaten the national defence, security or the maintenance of public order;
19 obligation to provide a prototype of the encryption device along with technical documentation, if any, used in the networks or services, in the Committee;
20 obligation to bring up European and international standards, applicable to the licensed telecommunications networks or services
21 obligation not to use information that is obtained from or about a user, unless such information is used under i.16 above;
22 obligation to make conduits, ducts, rights-of-way, towers or other facilities available on a reasonable and non-discriminatory basis to other telecommunications operators, where technically or physically feasible;
23 duties of the licensee in case of threats to the national defence, security or the maintenance of public order, in emergencies and calamities;
24 the size of the initial and annual licence fees, terms of payment;
25 total duration of the licence;
26 obligation, at the request of the Committee, to take such measures as may be necessary to enable it to perform indispensable technical tests on the licensees network;
27 provisions with respect to the amendment, extension, suspension, termination or revocation of the licence;
28 provisions related to sanctions, including suspension and revocation of the licence, resulting from breaches of licence conditions;
29 any particular restrictions or conditions with regard to the transfer of shares or of ownership interests of the licensee;
30 provisions excusing the licensees failure to comply with the terms of the licence due tol circumstances that are beyond the licensees control;
31 requirements for quality of service;
32 provisions with respect to the control on licence conditions compliance;
33 any other such conditions, contained in the competition package.
Art. 40. Licences under Art.12., para 1, i. 3 and 4 may contain such items as are set out in Art. 39., as the Committee shall deem appropriate.
Art. 41. The content of licences shall be equivalent for all licensees that operate the same kind of telecommunications networks or provide the same kind of telecommunications service under one and the same conditions.
AMENDMENT, TERMINATION AND REVOCATION OF LICENSES
Art. 42. (1) The licences may be amended and supplemented by order of the chairman of the Committee in cases, such as:
1. Force Majeure;
2. reasons of national security;
3. amendments of domestic legislation and decisions of international organisations as adopted by the Republic of Bulgaria;
4. requirements of public interest.
(2) The amendments under para 1 above shall be made after written notification to the licensee and shall be taken on the basis of a decision setting forth its factual and legal justification.
(3) The licensed operator may file with the Committee a justified request for amendment and supplement of the licence.
Art. 43. The licence shall be terminated:
1. with the expiration of the licence duration;
2. following a justified request from the licensee;
3. in the case of Force Majeure as a result of which the compliance with the licence terms and conditions becomes impossible;
4. in case of death of the licensee - natural person; the inheritors may apply for the licence not later than 3 months and shall continue to run the activities and provide service until a decision on the application is taken;
5. in the cases of liquidation of the licensee - legal person.
Art. 44. (1) The chairman of the Committee may suspend temporarily, all or a part of the activities under a licence, or revoke a licence in the case of:
1. grave or regular violations of this law, of the ordinances on its application or the licence conditions;
2. illicit transfer of the licence violating Art.17 para 2 and 3 conditions.
3. failure to pay the licence fee;
4. financial or technical inability of the licensee to perform his obligations;
5. actions of the licensee which are to the detriment of national security or interfere with the public interest.
(2) The Committee notifies in writing the licensee and grants a period appropriate to rectify the breaches, and after that period has expired applies the measures under para 1 by an order.
(3) The licence may be revoked by an order issued by the chairman of the Committee. The order of revocation determines the term in which the person cannot apply for the grant of a new licence for the same activity. This term cannot be less than two years.
The act under para 2 and 3 above shall be justified and can be appealed at Court under the Administrative Procedural Law.
CLASS AND GENERAL LICENCES
Art. 45. (1) The Committee shall announce the categories of telecommunications networks or telecommunications services that are operated under a class or general licence.
(2) The applicant for a class license makes himself known in the Committee and is registered in a special open to the public register after paying the fee concerned.
(3) Telecommunications, operated under general licenses shall not be recorded.
(4) Telecommunications, operated under class or general licences, may be subject to procedure and conditions, such as the Committee may determine in an ordinance.
MAIN PUBLIC TELECOMMUNICATIONS OPERATOR
Art. 46 (1) The Bulgarian Telecommunications Company shall be the main public telecommunications operator.
(2) The main public telecommunications operator is a commercial company that shall administer, manage and develop the fixed telecommunications network to the general benefit.
Art. 47 (1) The main public telecommunications operator shall:
have the exclusive rights over the fixed telecommunications network until the 31 of December 2002.
2. have the exclusive rights to provide basic voice telephony and telegraph services (local, long distance and international) between terminal points of the fixed network until the 31 of December 2002;
3. ensure the fulfilment of tasks relating to the government, security and defence of the country;
(2) The main public telecommunications operator has the obligation to offer USP even under non profitable conditions.
(3) The main public telecommunications operator carries out other telecommunications as determined by the Committee.
Art. 48 The licence of the main public telecommunications operator shall contain the items set out in Art. 39. as well as the following:
1. the obligation to offer USP on non-discriminatory basis, and the obligation to justify duly in written form any refusal to provide such services;
2. the right to charge for provided services all users without exemption on non-discriminatory basis under the tariffs in force;
3. the right to negotiate with other telecommunications operators the provision of international services as well as to settle accounts with them in accordance with applicable international regulations and principles;
4.obligations related to the development of the public telecommunications network;
5. obligations related to the management of local, long distance and international telecommunications services;
6. obligations related to the implementation and use of separate cost accounting systems concerning the provision of different types of services;
7. obligations related to the implementation of cost oriented tariffs concerning different types of services;
8. opportunity to contract with other persons for the provision of services or for carrying out other obligations under the licence;
9. opportunity to enter into agreements regulating revenue sharing with other telecommunications service providers;
10. obligations related to the overall compliance with the licence conditions including quality of services requirements;
11. obligations to provide the Committee with information and reports concerning the implementation of the licence;
12. obligations related to the training of professionals in the field of telecommunications;
13. the obligation to secure uninterrupted functioning and operation of public telecommunications network and public telecommunications services, the change of it being permitted only by virtue of an order of the Committee;
14. obligations related to the establishment of a system, dedicated to consumer satisfaction assessment.
Art. 49 The main telecommunications operator shall set tariffs in accordance with the principles in art. 88 for all telecommunications services provided with the exemption of those under art. 47 para 1, i.2.
Art. 50(1) The main telecommunications operator shall submit to the Committee a draft list of the tariffs of the services provided within the term determined by the Committee.
(2) In case of disagreement with the draft list the Committee shall suggest its justified amendment.
Art. 51(1) The Committee shall approve the prices of the services, under art. 47 para 1 i.2 for the period of three years in accordance with the principles under art.88.
(2) After the expiration of the period under para 1, the Committee shall develop and implement a price cap tariff regulation, setting an upper tariff basket limit, adjusted in accordance with the States index on increases in annual salaries, consumer price index, exchange rate and other factors, as determined by the Committee. The prices of services are co-ordinated with the Committee.
Art. 52. The Committee may determine services, other from these under Art. 47., para 1, i. 2, subject to regulation under Art. 51. para 2.
Art. 53. After expiration of the period under Art. 47., para 1, i.2. and if an effective competition is in place, the tariffs of these services shall be determined under Art. 49.
Art.54. (1) Any person may rent lines from the main public telecommunications operator, without having the right of simple resale.
(2) The refusal of the main public telecommunications operator to provide the required lines shall be subject to appeal before the Committee.
(3) The dispute shall be resolved within one month by an order of the chairman of the Committee. In case additional study is to be carried out, the dispute shall be resolved within a 3 month period..
When the main operator is unable to provide the desired under para 1 capacity , the Committee shall grant the applicant a permission to establish such transmission capacity of his own.
(5) For the purposes of the defence and security of the country, the main public telecommunications operator shall provide with priority leased lines to the bodies and agencies concerned.
PUBLIC TELECOMMUNICATIONS OPERATORS
Art. 55. The public telecommunications operators shall provide users access on a non-discriminatory basis to the public telecommunications networks and usage of services under publicly known conditions.
Art. 56. (1) The public telecommunications operators shall be obliged to provide access and interconnection of their networks.
(2) Interconnections shall be made on the basis of publicly known terms and conditions, including with respect to prices, that are reasonable and non-discriminatory.
Art. 57. (1) The public telecommunications operators shall not refuse interconnection if the request is reasonable and necessary from a technical point of view.
(2) Any refusal to provide interconnection shall be duly justified in writing.
Art. 58. The public telecommunications operators shall be obliged to provide, where necessary, the bodies in charge of the security and defence of the country access and interconnection of their networks to the public telecommunications networks, on the basis of a mutual agreement.
Art. 59. The public telecommunications operators shall be obliged to provide access and interconnection to their networks to licensed private telecommunications operators where the licences of the latter provide for that.
Art. 60. (1) Public telecommunications operators shall negotiate an agreement with respect to interconnection, which agreement shall not be inconsistent with this Law.
(2) This agreement shall set out all technical and financial conditions and shall be submitted to the Committee.
(3) The Committee may require the interconnection agreement be amended when there are good reasons for doing that.
Art. 61. If the telecommunications operators concerned are unable to reach an agreement within three months after the initial request for interconnection or access, the Committee shall establish a mediation or arbitration procedure, or otherwise resolve the dispute within six months. Any decision of the Committee may be appealed at Court under the Administrative Procedural Law.
SPECIFIC RULES FOR RADIO COMMUNICATIONS
Art. 62. (1) The State policy of allocating of the radio-frequency spectrum in the Republic of Bulgaria shall be developed and implemented by the Council of Ministers by means of a Council for allocation of radio-frequency spectrum.
(2) The Council of Ministers appoints the members and determines the procedures of the Council for allocation of radio-frequency spectrum.
Art. 63. (1) The Council for allocation of radio-frequency spectrum shall elaborate and periodically update, and The Council of Ministers shall approve a National Plan on the allocation of the radio-frequency spectrum into radio-frequency bandwidths for civil needs, for defence and security purposes and for shared use.
(2) The National Plan on the allocation of the radio-frequency spectrum is open to the public.
(3) The allocation and utilisation of radio-frequency bandwidths for shared use between the Committee, the Ministry of Defence and the Ministry of Home Affairs shall be made in co-ordination among those agencies and shall be approved by the Council of Ministers.
Art. 64. (1) The Committee carries out the national and international co-ordination of the planned frequencies and frequency bandwidths, dedicated to the Radio Communication Services. (Annex 1) (2) The Committee notifies the international telecommunications organisations on the co-ordinated frequencies and frequency bandwidths, dedicated to the Radio Communication Services.
Art. 65. The Committee shall carry out the planning, the allocation and the licensing of radio-frequencies and radio-frequency bandwidths for civil purposes.
Art. 66. The Committee supervises the frequency compatibility between civil emitting radio installations, and may co-ordinate compatibility requirements with defence and security agencies, if necessary.
Art. 67. (1) The production, import and/or distribution of emitting radio installations for civil purposes shall be authorised by the Committee in accordance with the import regulations of the Council of Ministers.
(2) The chairman of the Committee lays down the authorisation procedure under para 1 in an ordinance. The Ordinance is co-ordinated with the relevant Ministries and Government bodies.
(3) The chairman of the Committee shall authorise by an order laboratories to run tests on radio installations. Doing such an authorisation the chairman may take into consideration a former accreditation.
(4) The Committee keeps an open to the public register of emitting radio installations, authorised under para 1.
Art. 68. The Committee shall assign the calling signs for emitting radio installations or other means of identification in accordance with the international rules on Radio Communication Services.
Art. 69. The Committee shall issue certificates for the qualification of radio operators - professionals and radio amateurs. Radio operators of Aeronautical mobile, Aeronautical mobile satellite, Global Maritime Distress and Safety mobile and Maritime mobile satellite services are exempt from the provision of this article.
Art. 70. The chairman of the Committee shall issue ordinances regulating the procedures and the technical parameters of specific types of Radio Communication Services.
STANDARDS AND ELECTROMAGNETIC COMPATIBILITY
Art. 71. (1) Terminal equipment shall be released on the market and shall be connected directly or indirectly to a terminal point of a public telecommunications network provided that their type has been approved.
(2) Where a private telecommunications network is connected to a public telecommunications network in accordance with Art. 59, the connecting terminal equipment of the private telecommunications network must be type-approved. (3) The authorisation of emitting radio installations under Art. 67., para 2 requires a preceding type approval.
Art. 72. (1) The type approval procedure is carried out by a specific body under the oversight of the Committee. (2) The structure, functions and the tasks of the body under para 1 shall be laid down in a regulation, adopted by the chairman of the Committee.
Art. 73. (1) The chairman of the Committee shall lay down by ordinances the procedure and conditions for type approval and connection of terminal equipment to the public telecommunications networks.
(2) The Committee keeps an open to the public register of type approved terminal equipment.
The chairman of the Committee shall authorise by an order laboratories to run tests on type approval. Doing the authorisation, the chairman may take into consideration a former accreditation.
The chairman of the Committee from time to time shall draw up a list of type approved terminal equipment which shall be placed at the disposal of the Customs Department at the Ministry of Finance in order a direct control to be exercised during the import of such equipment.
Art. 74. (1) The Committee shall determine appropriate marks to indicate whether the terminal equipment is approved. Such marks must be placed on approved equipment.
(2) The approved terminal equipment must be marked.
Art. 75. The Committee shall represent the State in the international standardisation organisations in the field of telecommunications.
Art. 76. The Committee:
1. may declare as mandatory, following the procedure established in the country, Bulgarian and foreign telecommunication standards, or fragments of them, and other technical documents, and shall supervise their application and observance;
2. shall keep an open to the public register of the standards under i. 1 above.
Art. 77. (1) The Committee shall regulate by an ordinance the procedure and the supervision of the import, distribution, production, marking, establishment and utilisation of telecommunications installations for civil purposes in view of the protection of radio installations against harmful interference. (2) The chairman of the Committee shall authorise by an order laboratories to run tests on electromagnetic compatibility. Doing such an authorisation the chairman may take into consideration a former accreditation.
Art. 78. (1) The Committee shall determine appropriate marks to indicate whether the telecommunications installations are approved for electromagnetic compatibility. Such marks must be placed on approved equipment.
(2) The approved for electromagnetic compatibility telecommunications installations must be marked.
CO-ORDINATION OF BUILDING WORKS UNDERTAKEN BY PUBLIC TELECOMMUNICATIONS OPERATORS AND OTHER PERSONS
Art. 79. While constructing new buildings, all investors shall be obliged to provide for in their projects and ensure the building-up of the installations necessary for the provision of telecommunications services under Art. 47., para 1, I.2. by the main public telecommunications operator.
Art. 80. (1) Each telecommunications operator shall co-ordinate in advance with the local municipality any project for the construction of telecommunications networks and installations.
(2) After the co-ordination under para 1 above has taken place, the telecommunications operators shall submit to the municipalities plans of the telecommunications networks and installations established, so that the latter could be included in the cadastre plan.
Art. 81. (1) Any person who undertakes building or excavation works, prior to the commencement of those works, shall request in writing from the respective municipality information concerning the availability and location of the telecommunications networks and installations on the site, and shall co-ordinate the measures for their preservation with the respective public telecommunications operators.
(2) The procedure under para 1 above shall not be applied to excavation works for removal of emergencies and Force Majeure. In such cases the person undertaking the excavation works shall forthwith notify the respective public telecommunications operators who give directions about the protection of their networks and installations, if necessary.
(3) In circumstances where the forthcoming works involve the displacement of telecommunications networks or installations, after making arrangements with the public telecommunications operators the persons in para 1 will undertake the displacement at their expense prior to starting of the activities.
Art. 82. Whenever the owner, on whose premises telecommunications networks or equipment have been installed, provided there was no interference with the ordinary and habitual use or change in the functions of the property, wishes to undertake reconstruction or new building works, the owner is obliged to inform in writing the public telecommunications operator if equipment removal should be involved. The telecommunications operator shall remove its equipment at its expense.
LIMITED RIGHTS OVER LAND AND COMPULSORY SALES
FOR THE NEEDS OF TELECOMMUNICATIONS
Art. 83. (1) Public telecommunications operators negotiate with the owner the conditions for the use of the estate and the air space over it in order to establish or to maintain any telecommunications nodes, links, transmitter stations and other installations.
(2) Public telecommunications operators shall remunerate the owner for any damage inflicted on his estate in relation to the works carried out by the operators.
(3) In case the parties do not reach an agreement the dispute may be taken to court..
Art. 84. In circumstances where the establishment of telecommunications nodes, links, radio stations or installations necessitates a compulsory sale of land, the main telecommunications operator shall follow the established procedures for compulsory sale.
Art. 85. (1) The municipalities shall secure, in accordance with the established procedure, terraines for the construction of buildings for the national telecommunications network development.
(2) Until the buildings are constructed, the municipalities shall be obliged to provide suitable premises for the needs of the main public telecommunication operator on a contractual basis.
TARIFFS AND LICENCE FEES
Art. 86. The public telecommunications operators shall define tariffs for the services provided by them in compliance with the provisions of this Law and the licence conditions.
Art. 87. (1) The tariffs shall be defined by the PTOs in accordance with the principles under Art. 88., and shall reflect the market requirements.
(2) The persons under para 1 shall notify in writing the Committee about the tariffs prior to publish them.
Art. 88. The main telecommunications operator and the other PTOs define the tariffs of telecommunications services in respect of the following basic principles:
1 treating of users on non-discriminatory basis;
2 prices should be oriented toward costs; 3 prices should guarantee reasonable level of return of investments; 4 prices should be structured in order to allow elimination of cross-subsidy; 5 prices should reflect relevant international levels of tariffs; 6 prices should be structured and levels set to attract investments into the telecommunications sector; 7 prices should take account of the regulations and recommendations of international organisations.
Art. 89. The Committee shall regulate the tariffs of telecommunications services in order to prevent the establishment or the abuse of dominant position, to prevent anti-competitive behaviour, having in mind the protection of users.
Art. 90. (1) The Committee may regulate the tariffs of telecommunications services according the regulatory procedures in Art. 51. Para 2 when:
1 a public telecommunications operator or a telecommunications service provider is in a dominant position with regard to the regulated service; 2 a PTO abuses of his dominant position by cross-subsidising; 3. a PTO behaves in an anti-competitive manner;
4. a PTO charges prices, inconsistent with the principles under Art.88.
(2) In such cases the Committee may determine telecommunications service tariffs of the services concerned for a period of six to twelve months after deliberated consideration of the market behaviour of the PTO s and the service providers.
Art. 91. (1) All licensed operators shall pay licence fees as stipulated in the licence conditions.
(2) The licence fees are:
1 initial licence fee; 2 for radio frequency usage; 3 for limited resources usage; 4 for the right of access to the telecommunications market; 5 for the USP fund; 6 for the licence supervisory activities.
Art. 92. The way of setting the amount of the licence fees shall be laid down in an ordinance of the chairman of the Committee. The ordinance shall be co-ordinated with the Minister of Finance.
Art. 93.(1) The licence fees shall be paid into the National Telecommunications Fund with the Committee.
(2) When a licence is granted in a tender procedure, a half of the fee under Art. 91. Para 2, i.1, as well as under Art.91 para 2 i. 2 is paid to the State budget.
Art. 94. (1) The State control in the field of telecommunications shall be carried out by the STATE TELECOMMUNICATIONS INSPECTORATE which shall be a specific body under the oversight of the Committee.
(2) The co-ordination of the activities of the state control in telecommunications between the State Inspectorate, Home Affairs and the Ministry of Defence is performed under a conjoint instruction..
Art. 95 The State Telecommunications Inspectorate shall supervise the observance and the implementation of the law, the by-laws in the field of telecommunications, as well as the licences issued under this law.
Art.96 The structure, the functions and the tasks of the State Telecommunications Inspectorate shall be regulated by regulations, adopted by the Chairman of the Committee.
Art.97 The director of the State Telecommunications Inspectorate shall authorise by an order the officials of the Inspectorate who shall carry out investigations and establish offences by acts.
Art.98 (1) The Director of the State Telecommunications Inspectorate or another official duly authorised by him may issue orders, by virtue of which the carrying out of telecommunications may be suspended until the offence is eliminated, or terminated when those telecommunications are carried out in breach of law, by-laws and licence conditions.
(2) The orders may be subject to appeal at Court under the Administrative Procedural Law.
Art.99 (1) In case that they establish an offence, the officials authorised under Art. 97 above shall draw up acts in accordance with the Law on Administrative Offences and Penalties.
(2) On the grounds of those acts, the chairman of the Committee or an official authorised by him shall issue penalty enactments.
(3) The penalty enactments shall be subject to appeal at Court in accordance with the Law on Administrative Offences and Penalties.
Art. 100. (1) When offences are established under art. 99 para 1 the officials authorised may seize and retain material evidence, related to the establishment of offences pursuant to the procedure under art. 41 of the Law on Administrative Offences and Penalties.
(2) The penalty enactment may provide for the seizure in favour of the State of the chattels which have been used for or have been connected with the commitment of the offence in accordance with art. 20 of the Law on Administrative Offences and Penalties.
(3) The chattels seized under para 2 are placed in custody following a procedure envisaged by an ordinance, co-ordinated with the relevant ministries and bodies.
Art. 101. While performing their functions the authorised officials of the State Telecommunications Inspectorate shall have the right:
1. to a free access to premises, buildings, locations and vehicles subject to supervision
2. to check the identity of the persons present in the site under supervision
3. to require data, proofs and documents relating to the exercise of the supervision
4. to control the quality parameters of the services
5. to tap telecommunications in order to establish whether the quality parameters of the services are observed.
Art. 102. In order to carry out the control, the authorised officials of the State Telecommunications Inspectorate shall act where necessary jointly with the competent officials from the Ministry of Defence, Ministry of Home Affairs and other ministries or bodies concerned.
OFFENCES AND PENALTIES
Art. 103. (1) Whoever establishes, uses or maintains telecommunications networks or provides telecommunications services without a licence in circumstances where he should be licensed, or after the termination, the revocation or the expiration of the licence, shall be liable to a fine of 5 000 000 up to 50 000 000 levs.
(2) Whoever undertakes activities without registration, in circumstances where registration is required, shall be liable to a fine of 50 000 up to 100 000 levs.
Art. 104. Whoever establishes, uses or controls any station or any equipment for the transmission of radio signals without a licence in circumstances where he should be licensed, or after the termination, the revocation or the expiration of the licence, shall be liable to a fine of 2 000 000 up to 20 000 000 levs
Art. 105. Any person breaching the conditions of a granted licence, shall be liable to a fine of 500 000 up to 1 000 000 levs.
Art. 106. (1) Whoever violates the confidentiality of messages sent via the telecommunications networks, where that act does not constitute a crime, shall be liable otfa fine of 100 000 up to 1 000 000 levs.
(2) An official who unlawfully violates the confidentiality of messages sent via the telecommunications networks, where that act does not constitute a crime, shall be liable to a fine of 200 000 up to 1 000 000 levs.
Art. 107. (1) Whoever interferes with, and/or alters or intercepts and discloses the contents of messages to third parties otherwise than in the course of his duty, shall be liable to a fine of 100 000 up to 500 000 levs.
(2) An official who interferes with, and/or alters or intercepts and discloses the contents of messages to third parties otherwise than in the course of his duty, shall be liable to a fine of 200 000 up to 1 000 000 levs.
Art. 108. (1) Whoever makes improper use of telecommunications equipment, including radio, to send anonymously malicious, obscene, indecent or grossly offensive messages, shall be liable to a fine of 100 000 up to 500 000 levs.
(2) Whoever sends via public telecommunications network false calls or misleading signs for help, accident or alarm, where that act does not constitute a crime, shall be liable to a fine of 1 000 000 up to 2 000 000 levs.
Art. 109. Whoever fraudulently takes advantage of telecommunications installations to make a profit against third parties concerned shall be liable of a fine of 1 000 000 up to 5 000 000 levs.
Art. 110. Whoever without due authorisation, produces, imports and distributes radio installations for civil purposes which, while in operation, occupy a part of the radio-frequency spectrum, where that act does not constitute a crime, shall be liable to a fine of 1 000 000 up to 5 000 000 levs.
Art.111. Whoever causes failures of telecommunications networks and installations and thereby obstructs telecommunications, where that act does not constitute a crime, shall be liable to a fine of 100 000 up to 2 000 000 levs, and the incurred damages shall be reimbursed following the established procedure.
Art. 112. (1) Whoever produces, imports, and/or distributes terminal equipment and radio installation intended for direct or indirect connection to a public telecommunications network in the country, where its type is not approved following the established procedure, shall be liable to a fine of 500 000 up to 2 000 000 levs.
Art. 113. (1) Whoever produces, imports, and/or distributes approved but unmarked terminal equipment or radio installations, where that act does not constitute a crime, shall be liable to a fine of 100 000 up to 500 000 levs.
(2) Whoever fraudulently affixes a mark of approval on a final device or radio installation, where that act does not constitute a crime, shall be liable to a fine of 200 000 up to 1 000 000 levs.
Art. 114. (1) Whoever produces, imports, distributes or uses radio installations for civil use which generates radio interference in breach of the standards for electromagnetic compatibility, shall be liable to a fine of 500 000 up to 1 000 000 levs.
(2) The director of the State Telecommunications Inspectorate may issue orders, suspending the use or the management of the installations under para 1 above, until the defects are removed.
Art. 115. Whoever produces, imports, distributes or uses telecommunications installations for civil use generating radio-frequency interference, where their type is not approved for electromagnetic compatibility in accordance with the established procedure, shall be liable of a fine of 500 000 up to 2 000 000 levs.
Art. 116. (1) Whoever produces, imports, and/or distributes approved for electromagnetic compatibility, but unmarked telecommunications installations, where that act does not constitute a crime, shall be liable to a fine of 100 000 up to 500 000 levs.
(2) Whoever fraudulently affixes a mark of approval for electromagnetic compatibility on telecommunications installations, where that act does not constitute a crime, shall be liable to a fine of 200 000 up to 1 000 000 levs.
Art. 117. (1) Whoever delivers false or deliberately inaccurate information to the supervisory bodies shall be liable to a fine of 50 000 up to 100 000 levs.
(2) Whoever impedes the supervisory bodies from or in connection with the performance of their functions under Art.101 shall be liable to a fine of 100 000 up to 2 000 000 levs.
Art. 118. For the offences under art. 103, art. 104, art. 105, art. 106 para 1, art. 109, art. 110, art. 111, art. 112, art. 113, art. 114 para 1, art. 115 and art. 116, when committed by legal persons property sanctions shall be imposed to the amount of the fines envisaged by this Law..
Art. 119. The fines and the property sanctions imposed on the basis of this law shall be raised at a fund "Development of the Main Public Telecommunications Network and Control over Telecommunications". The conditions and the procedure for the management and the application of the fund shall be provided for in regulations adopted by the Council of Ministers.
Art. 120. (1) Where the offences under the foregoing articles are repeated, the fine or property sanction imposed shall be to the double amount of that imposed for the first offence.
(2) In the context of this Law an offence is considered to be repeated if it is committed within a year from the effective date of the penalty enactment whereby the penalty for the same type of offence has been imposed.
Art. 121. (1) For minor administrative offences committed during the carrying out of telecommunications, The State Telecommunications Inspectorate may refrain from imposing a penalty and warn the offender orally or in writing that an administrative penalty shall be imposed in case the offence is repeated.
(2) In the context of this Law "minor" shall be considered the case which due to the lack or the insignificance of damages caused or in view of other extenuating circumstances is of lower danger to the public as compared to the ordinary cases of the same type.
& 1. In the context of this Law:
1. TELECOMMUNICATIONS means conveying, transmitting or receiving characters, signals, text, images, sound or information of any kind whatsoever by wire, radio, optical or any other electromagnetic medium.
2. TELECOMMUNICATIONS NETWORK means a combination of interconnected nodes, lines or equipment serving to establish telecommunications.
3. PUBLIC TELECOMMUNICATIONS NETWORK is a telecommunications network intended to provide public telecommunications services.
4. PRIVATE TELECOMMUNICATIONS NETWORK means a telecommunications network intended to meet the private needs of legal or natural persons or to provide telecommunications services to closed user groups.
5. LIMITED RESOURCE is a resource, scarce by nature or technical reasons.
6. FIXED TELECOMMUNICATIONS NETWORK means a public telecommunications network intended to establish telecommunications between fixed commodities and/or termination points. Cable television networks are not included in the definition.
7. NETWORK TERMINATION POINT means the access point to a public telecommunications network for the connection of a terminal equipment.
8. TERMINAL EQUIPMENT means equipment intended to be directly or indirectly connected to a termination point of a public telecommunications network to transmit, convey, process or receive information. The connection may be via wire, optical fibre or by other electromagnetic means.
9.. LEASED LINE means a circuit which is provided by the main public telecommunications operator to persons for the transmission of messages between defined points. It is installed in such a way that persons sending messages by means of this circuit are not able to select the destination within the public telecommunications network to which messages are transmitted.
10. TELECOMMUNICATIONS SERVICE means the carrying out of telecommunications on behalf of users, in general, on a commercial basis.
11. PUBLIC TELECOMMUNICATION SERVICES are the telecommunications services accessible to any user, ready to pay for their provision.
12. ORDINARY VOICE TELEPHONY AND TELEGRAPHY SERVICE (POTS) means a telecommunications service, connecting customers via the telephone or telegraph networks. This definition does not include information, value added and other auxiliary services, provided by means of the networks for ordinary service.
13. USP means services with a determined quality of provision, accessible to any user, regardless of his geographical position and offered at affordable prices. USP is the ordinary voice telephony service.
14. TELECOMMUNICATIONS OPERATOR means any person who has been granted a licence to establish, operate and maintain a telecommunications network and/or provide telecommunications services.
15. PUBLIC TELECOMMUNICATIONS OPERATOR means any person who has been granted a licence to establish, operate and maintain a public telecommunications network and/or provide public telecommunications services.
16. PRIVATE TELECOMMUNICATIONS OPERATOR means any person who has been granted a licence to establish, operate and maintain a private telecommunications network.
17. ELECTROMAGNETIC COMPATIBILITY means the aptitude of a device or an installation to operate at determined quality level in a working electromagnetic environment without producing inadmissible electromagnetic interference with other devices, operating in the same electromagnetic environment.
18. RADIO WAVES means electromagnetic waves at frequencies under 3 000GHZ, which are spread in the open space without an artificial guidance.
19. RADIOFREQUENCY SPECTRUM means an electromagnetic signal at a frequency between 3 kHz and 3 000GHz.
20. RADIO INSTALLATIONS means emitting, emitting and receiving or receiving devices used for radio, or receivers, used to get broadcast programs, including the antennas, indispensable for their functioning. "Radio" is a general designation of radio wave utilisation.
21. FREQUENCY COMPATIBILITY means the aptitude of radio installations to operate at determined quality levels simultaneously with other comparable installations.
TRANSITIONAL AND FINAL PROVISIONS
§ 2. This law shall repeal the Law on Communications (published in the State Gazette, issue 27 of 4 April 1975, amended, issues 63 of 1976, 36 of 1979, 36 of 1986, 12 of 1988) in its part regulating the telecommunications.
§ 3. In the Concession Law (published in the State Gazette, issue 92 of 17 October 1995, amended, issue of 1977) the following amendments shall be introduced:
In Art.2, para 1, i.2 after "Art. 18, para 2", "and 3" shall be deleted.
Art.4, para 1, i.4 and i.5; Art 5, i.3 shall be deleted.
§ 4. In § 6 of the transitional and final provisions of the Law on State Property after the words "sovereign rights", ", if not differently stipulated by law." shall be added.
§ 5. In the Law on Municipality Property the following amendment shall be introduced:
In § 10 of the transitional and final provisions the words "including these, contained in the capital, authorised capital, or balance sheet of a trade company, firm or company with state owned shares" shall be deleted.
§ 6. In Art. 47, para 4 of the Radio and Television Law the following amendment shall be introduced:
"para 4. Both organizations shall use frequencies and frequency bands for civil purposes in accordance with the provisions of the Law on Telecommunications."
§ 7. In the Criminal Code the following amendments shall be introduced:
1. A new art. 347a shall be inserted with the following contents:
"Art.. 347a. Whoever carries out without licence telecommunications subject to licensing, or continues to carry them out after the licence is terminated or revoked, shall be liable to imprisonment of up to three years."
2. In art. 348 the following amendments and supplements shall be introduced:
a) Items "a", "b" and "c" shall be deleted.
b) A new item "a" shall be inserted with the following contents:
"a) without licence builds-up, manages or uses a station or installation which, while in operation, occupies a part of the radio-frequency spectrum and is subject to licence, or continues his activity after the revocation of the licence;"
c) Item "d" shall become item "b".
§ 8. This law shall not apply in respect of the establishment, utilisation, maintenance of and control on the telecommunications networks and the radio communications of the Ministry of Defence, the Ministry of Home Affairs, the National Guard Service and the National Intelligence Service for their own needs, nor in respect of the internal allocation of frequencies and the laying down of call signs for their official radio communications. They may use the public telecommunications networks and services in accordance with this law.
§ 9. The licences granted prior to the entry into force of this law, for carrying out telecommunications on the grounds of the repealed provisions of the Law on Communications or of other legal instruments, shall remain valid and shall be set in compliance with the requirements of this law by virtue of an order of the Chairman of the Committee within one year of the entry into force of this law.
§ 10. The regulations on the application of the repealed law on communications shall remain in effect until they are set in compliance with this law by the Chairman of the Committee.
ANNEX 1 to Art. 64.
Radioservice means the propagation, the transmission and/or the reception of radio waves.
The term includes the following services:
Fixed satellite service
Space operation service
Mobile satellite service
Land mobile service
Land mobile satellite service
Maritime mobile service
Maritime mobile satellite service
Port operation service
Ship movement service
Aeronautical mobile service
Aeronautical mobile satellite service
Broadcasting satellite service
Radiodetermination satellite service
Radionavigation satellite service
Maritime radionavigation service
Maritime radionavigation satellite service
Aeronautical radionavigation service
Aeronautical radionavigation satellite service
Meteorological aids service
Earth exploration satellite service
Meteorological satellite service
Standard frequency and time signal service
Standard frequency and time signal satellite service
Space research service
Amateur satellite service