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REPUBLIC OF LATVIA Law On Telecommunications Enacted 04.05.1993
Terms used in the Law: Telecommunications - a system of information transmission which is organized by utilizing cable and wireless equipment, the functioning of which is based upon electrical processes and electromagnetic waves (radio and light waves).
Public telecommunications network - the infrastructure meant for the general use of physical persons and legal entities for the transmission of a signal between two or more defined network terminating points by utilizing cables, radio waves and optical transmission systems or any other electromagnetic process. There is one public telecommunications network in the Republic of Latvia.
Specialized State telecommunications networks - telecommunications networks envisioned for the defence forces, the railway, water and air transportation, energy supply, radio and television and other State institutions.
Public mobile radio telecommunications networks - networks which are meant for the general use of physical persons and legal entities and which ensure the transmission of a signal between mobile telecommunications equipment, as well as communications with the public telecommunications network.
Network terminating points - all the physical connections made in accordance with the technical regulations, which are a part of the public telecommunications network and are essential for connecting and exchanging the telecommunications user's equipment in the public telecommunications network.
Technical regulations - documents which define the specific requirements and parameters of the telecommunications equipment and which must be observed by physical persons and legal entities when connecting the particular equipment to telecommunications networks or other telecommunications equipment.
Standardization certificate - a document which certifies that the particular telecommunications equipment conforms to the technical requirements of the telecommunications network.
Telecommunications user - a physical person or legal entity whose equipment has been connected to the telecommunications network in the specified manner, or a person who utilizes telecommunications services.
Basic telecommunications services - telecommunications services which ensure the transmission of signals and their routing in telecommunications networks.
Enhanced telecommunications services - various telecommunications services which are not included in the basic telecommunications services and are provided by utilizing the public telecommunications network.
Network operator - a legal entity which controls the public telecommunications network or a public mobile radio telecommunications network, and develops it and commercially exploits it.
Telecommunications organization - a business company that operates the public telecommunications network and has been established in accordance with the law. Chapter I GENERAL PROVISIONS
Article 1. Purpose of the Law This Law defines the rights, obligations and responsibilities of telecommunications users, network operators and State institutions which are associated with the administration and exploitation of telecommunications networks, connection to the public telecommunications network, the provision of telecommunications services, as well as State control and supervision over the allocation of radio frequencies and the utilization of the radio frequency spectrum.
Article 2. Legal basis for telecommunications activities 1. In the course of exploiting telecommunications networks, developing these networks and providing telecommunications services, physical persons and legal entities shall observe the laws of the Republic of Latvia, international agreements and conventions, as well as standards of international organizations which the Republic of Latvia has adopted as binding. The Republic of Latvia's representation in international telecommunications organizations is determined by the Republic of Latvia Government or, upon its authorization, by the Republic of Latvia Ministry of Transportation.
2. The telecommunications organization shall operate under the conditions of a natural monopoly as defined by the December 3, 1991 Republic of Latvia Law "On the Restriction of Competition and Monopolies" (The Republic of Latvia Supreme Council and Government Reporter, No.51, 1991), whereby the tariffs of the basic telecommunications services that it provides are regulated by the Telecommunications Tariff Council.
Chapter II STATE ADMINISTRATION IN THE FIELD OF TELECOMMUNICATIONS
Article 3. Powers of the Republic of Latvia Ministry of Transportation State administration and policy in the field of telecommunications, are carried out, and determined by, the Republic of Latvia Ministry of Transportation.
Article 4. Utilization of radio frequency spectrum and the certification of telecommunications equipment 1. Physical persons and legal entities are permitted to utilize the radio frequency spectrum only after receiving a frequency use permit (license).
2. Control and supervision over radio communications and the utilization of the entire range of the radio frequency spectrum is carried out by the Republic of Latvia Ministry of Transportation. The Ministry also drafts the plans for the utilization of the radio frequency spectrum according to international standards, reviews requests for the utilization of radio frequencies and issues frequency use permits (licenses) in accordance with the procedure set by the Republic of Latvia Council of Ministers, as well as determines the bands of frequency for free use.
3. If an occupied frequency is requested by another physical person or legal entity and this person or entity is assigned the frequency, then the person or entity shall, upon mutual agreement with the other party, cover the expenses and losses associated with changing frequencies.
4. The Republic of Latvia Ministry of Transportation issues standardization certificates for the equipment to be utilized in telecommunications networks and determines the technical specifications required of radio equipment.
5. Physical persons and legal entities shall not connect telecommunications equipment to the public telecommunications network or to a public mobile radio telecommunications network if a standardization certificate has not been issued for that make and model number of telecommunications equipment.
Chapter III TELECOMMUNICATIONS SERVICES
Article 5. Exclusive rights of the telecommunications organization 1. The telecommunications organization has exclusive rights to: 1) manage, develop and exploit the public telecommunications network; and 2) conduct a commercial business by providing telecommunications users in the Republic of Latvia with all types of basic telecommunications services, except those basic telecommunications services which are included in the permits (licenses) issued to establish public mobile radio telecommunications networks.
2. The telecommunications organization does not have exclusive rights to provide terminal equipment to telecommunications users.
3. If physical persons or legal entities infringe upon the exclusive rights granted to the telecommunications organization in this Article, the telecommunications organization is entitled to go to court with a request to terminate the infringement and to collect compensation for the losses incurred from the guilty party in the procedure provided by law.
4. The exclusive rights granted under this Law to the telecommunications organization may not be revoked earlier than in 20 years. The telecommunications organization shall not be paid compensation if the exclusive rights are revoked after 20 years.
Article 6. Rights of the telecommunications organization 1. The telecommunications organization is entitled to disconnect the equipment of a telecommunications user from the public telecommunications network if the telecommunications user does not pay for the telecommunications services utilized or uses the public telecommunications network by violating the regulations on its use.
2. The Telecommunications Tariff Council determines the procedures for payment for telecommunications services, payment for overdue amounts, and collection of fines.
3. Upon the request of a physical person or legal entity, the telecommunications organization shall issue the technical specifications for connection of the telecommunications user's equipment to the public telecommunications network.
4. The telecommunications organization is authorized to partially delegate the provision of basic telecommunications services, as defined in this Law, to other legal entities on a contractual basis.
5. The telecommunications organization is prohibited from carrying on a business activity associated with the manufacturing of telecommunications equipment for sale.
Article 7. Obligations of the telecommunications organization The telecommunications organization's obligation is:
1) to develop the infrastructure of the public telecommunications network so as to ensure the provision of quality basic telecommunications services which conform to international standards and to ensure the accessibility of these services to all Republic of Latvia residents;
2) to ensure the right to the users of telecommunications services to connect to the public telecommunications network on a non-discriminatory basis;
3) to ensure that the public telecommunications network is used in compliance with the technical standards; and
4) to publish an annual report of its activity.
Article 8. Establishment of tariffs for basic telecommunications services 1. The tariffs for the basic telecommunications services specified in Article 13 of this Law shall be set by the Telecommunications Tariff Council. A notice shall be published in the press one month before any changes in tariffs are made.
2. The telecommunications organization may appeal a decision of the Telecommunications Tariff Council within one month from the date the decision is announced. The Telecommunications Tariff Council shall review this appeal and make a decision within one month's time. If the Telecommunications Tariff Council rejects the appeal of the telecommunications organization, the Republic of Latvia Government shall make the final decision on the matter.
3. If the telecommunications organization provides to the telecommunications user telecommunications services, for which the Telecommunications Tariff Council has not established tariffs, the user shall pay for such services as specified in the agreed contract.
Article 9. Establishment of the Telecommunications Tariff Council The Telecommunications Tariff Council shall be appointed by the Republic of Latvia Government for a period of five years upon the recommendation of the Minister of Transportation and shall be an independent body composed of seven experts. The regulations of the Telecommunications Tariff Council shall be approved by the Minister of Transportation. The Telecommunications Tariff Council shall be financed from the State budget.
Article 10. Assignment of the Telecommunications Tariff Council The assignment of the Telecommunications Tariff Council is: 1) to set tariffs and rates for basic telecommunications services; 2) to review complaints from telecommunications users on the application of tariffs for basic telecommunications services; and 3) to submit recommendations to the telecommunications organization on the application of tariffs for basic telecommunications services.
Article 11. Fundamental principles of establishing tariffs for basic telecommunications services 1. The Telecommunications Tariff Council shall promote the technological development of the public telecommunications network infrastructure and shall create an incentive for the telecommunications network operator to reduce the actual costs of services and to implement modern technology and effective management methods (incentive based price cap regulation).
2. The Telecommunications Tariff Council shall take into account the economic situation in the Republic of Latvia and the effectiveness of the investment in the telecommunications organization.
3. The objective of the Telecommunications Tariff Council is the achieve tariffs for basic telecommunications services that approach the actual costs of services provided to telecommunications users.
Article 12. Rights of the Telecommunications Tariff Council The Telecommunications Tariff Council shall have the right to request, and receive within one month, the necessary financial information and other information related to the tariffs of basic telecommunications services from the telecommunications organization.
Article 13. Types of basic telecommunications services Types of basic telecommunications services include the following: 1) the transmission of voice and other signals between the public telecommunications network in the Republic of Latvia and foreign telecommunications networks, as well as between foreign public telecommunications networks and telecommunications networks in the Republic of Latvia;
2) the transmission of voice and other signals between the equipment of telecommunication users connected to telecommunications networks;
3) the transmission of radio and television programs over the public telecommunications network;
4) the leasing of telecommunications network lines;
5) the provision of emergency (fire fighting, police, medical, etc.) service calls, free of charge, to telecommunications users or telecommunications networks;
6) the installation and exploitation of pay phones connected to the public telecommunications network.
Article 14. Enhanced telecommunications services Legal entities, in accordance with the September 26, 1990 Republic of Latvia Law "On Entrepreneurial Activity" (The Republic of Latvia Supreme Council and Government Reporter, No.42, 1990), may provide enhanced telecommunications services by utilizing basic telecommunications services and by co-ordinating the terms of their interconnection to the public telecommunications network with the telecommunications organization. The tariffs for enhanced telecommunications services shall be set by the entrepreneur. Basic telecommunications services shall be paid for in accordance with the approved tariffs.
Chapter IV DEVELOPMENT OF SPECIALIZED STATE TELECOMMUNICATIONS NETWORKS AND PUBLIC MOBILE RADIO TELECOMMUNICATIONS NETWORKS AND THEIR INTERCONNECTION TO THE PUBLIC TELECOMMUNICATIONS NETWORK; USE OF SATELLITE COMMUNICATIONS EQUIPMENT; PRIVATE TELECOMMUNICATIONS NETWORKS
Article 15. Development of specialized State telecommunications networks and their interconnection to the public telecommunications network 1. Specialized State telecommunications networks shall be created or liquidated upon a decision of the corresponding State institution, in co-ordination with the Republic of Latvia Ministry of Transportation.
2. The conditions which shall be observed by specialized State telecommunications networks when interconnecting to the public telecommunications network shall be set by the telecommunications organization.
3. The regulations on the use of a specialized State telecommunications network shall be set by the management of the corresponding network.
Article 16. Establishment of public mobile radio telecommunications networks and their interconnection to the public telecommunications network Licenses for the establishment of public mobile radio telecommunications networks shall be issued by the Republic of Latvia Ministry of Transportation. The conditions which shall be observed by a public mobile radio telecommunications network when interconnecting to the public telecommunications network shall be set by the telecommunications organization. These conditions are the same for all public mobile radio telecommunications networks. The regulations on the use of every public mobile radio telecommunications network and the tariffs for services provided by them, shall be set by the corresponding network operator. A license shall be issued within one month from the submittal date of an application or, within the same term, a written substantiated refusal shall be given.
Article 17. Use of satellite communications equipment 1. The use of satellite communications equipment by the public telecommunications network shall be co-ordinated with international satellite organizations by the Republic of Latvia Ministry of Transportation. 2. All persons who have been issued a license by the Republic of Latvia Ministry of Transportation, have the right to set up and use satellite communications equipment with combined receivers and transmitters. A license shall be issued within one month from the submittal date of an application or, within the same term, a written substantiated refusal shall be given.
Article 18. Private telecommunications networks Physical persons and legal entities shall have the right set up private telecommunications networks, which may only be used by these physical persons and legal entities for their own needs, and only so long as they respect the exclusive rights of the telecommunications organization.
Article 19. General regulations on the installation and exploitation of telecommunications networks 1. The regulations which must be observed in the installation, exploitation or reconstruction of telecommunications networks, as well as in the construction and reconstruction of buildings used for the needs of telecommunications are prepared and approved by the Republic of Latvia Ministry of Transportation in accordance with the provisions of this Law and other normative acts. The above mentioned regulations are mandatory for all legal entities and physical persons.
2. Provided that laws concerning land issues are respected. State institutions and the telecommunications organization shall have the right, where necessary, to install telecommunications lines and distribution equipment within the boundaries of the State, local governments and private property, as well as in the air space above this property, by co-ordinating this installation with the landowners, in advance, and preserving the property itself. Underground, aboveground and aerial cables, and other equipment of telecommunications networks shall be located in cities and in other heavily populated areas in between the designated "red" lines on roads. In places where the "red" lines have not been designated, the equipment shall be located between the road surface and the building. The installation of submarine cables for water crossings shall be co-ordinated with the Republic of Latvia Ministry of Maritime Affairs. The installation of telecommunications lines and distribution equipment in protected nature areas shall be co-ordinated with the highest State environmental protection institution and the administrative institution of the protected area. The procedure by which electric lines, roadways and railway zones are to be used for telecommunications lines shall be prescribed by the respective Republic of Latvia laws and normative acts.
3. The telecommunications organization and owners of the specialized State telecommunications networks and private telecommunications networks shall have permanent easement rights to land and buildings necessary for the provision of telecommunications services. If the parties cannot agree on the easement conditions, easements shall be established by a court decision.
4. The relocation of existing telecommunications lines, upon the request of the landowner or land user, shall be carried out at the expense of the landowner or land user.
5. A landlord may not prohibit the use of the facade, basement, attic and staircases of a building for the installation of subscriber lines, cables and fittings, and the landlord may not prohibit a tenant or subtenant from installing telecommunications network equipment. A tenant may not prohibit his/her subtenant from the same. The tenant or subtenant shall cover all losses that he/she has caused to third parties in installing and using the telecommunications network equipment.
Article 20. Protection of telecommunications networks 1. Protection of telecommunications networks is carried out in the procedure prescribed by the Ministry of Transportation.
2. It is prohibited to damage telecommunications network lines or to interfere in the communications maintained along these lines.
3. In order to provide the telecommunications network with protection from any damage, zones of protection (protected area, track of land) shall be created astride telecommunications network lines, for which the restrictions on width and use shall be determined by the Republic of Latvia Ministry of Transportation.
4. Physical persons and legal entities who supervise a telecommunications network line within a protected zone (protected area, track of land), are, subject to observance of the regulations governing the surrounding environment, permitted to:
i) build drives, bridges and other structure (pits, ditches, etc.) which are necessary to service or repair the telecommunications network lines; and ii) cut tree branches, clear interfering bushes and trees, and cut grass in order to maintain the proper width of the established protected zones (protected areas, track of land).
5. Land work and all types of construction exceeding a 50 cm depth in the protected zone of underground telecommunications lines (protected area, track of land) may be carried out only with approval from the telecommunications organization or the network operator.
Article 21. Procedure for the co-ordination of projects for the construction and reconstruction of telecommunications networks The procedure for the co-ordination of projects for the construction and reconstruction of telecommunications lines is established by the Republic of Latvia Ministry of Transportation.
Article 22. Compensation of losses related to the installation of telecommunications networks Upon completion of the installation of telecommunications network lines and structures, the telecommunications organization or the State institution shall restore the real property to proper order. If within one month after completion of the installation, or within another term agreed upon by the property owner, the telecommunications organization or the State institution does not accomplish the above mentioned task, the owner shall have the right to restore the real property to proper order and to collect from the telecommunications organization or State institution the sums required to cover the expenses and losses associate with the restoration of the property.
Chapter V MAINTENANCE OF THE QUALITY OF TELECOMMUNICATIONS SERVICES
Article 23. Requirements of telecommunications service quality 1. The network operators are responsible for ensuring the quality of telecommunications services in accordance with the standards, technical regulations and stipulations in the contracts for the provision of services.
2. The rights of telecommunications users are protected, and network operators ensure that these rights are enjoyed in accordance with the Republic of Latvia October 28, 1992 Law "On the Protection of Consumer Rights" (The Republic of Latvia Supreme Council and Government Reporter, No.46, 1992).
3. The telecommunications Tariff Council shall establish the procedure in which the telecommunications user has the right to request the recalculation of the charges for telecommunications services or compensation in cases where services do not comply with the standards and technical regulations or the standards of quality of services as stipulated in an agreement.
Article 24. Protection of the privacy of transmitted information 1. The employees of network operators and State institutions are prohibited from divulging any information which is transmitted using telecommunications networks.
2. Connection to a telecommunications network for the purpose of intercepting information and listening to conversations, may only be carried out as permitted by Republic of Latvia laws.
Article 25. Responsibility for the non-observance of legislative acts concerning telecommunications issues Persons who have violated the regulations or restrictions provided in this Law, are held accountable in accordance with the Criminal Code of Latvia or the Administrative Violations Code of Latvia.
Chairman, Supreme Council Republic of Latvia A.Gorbunovs
Secretary, Supreme Council Republic of Latvia I.Daudiþs
Riga, May 4, 1993
The authenticity of the translation is confirmed by Secretary of the Supreme Council of the Republic of Latvia. For purposes of interpretation, the original Latvian text is to be regarded as official. |
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