Law on Telecommunications
CHAPTER ONE
GENERAL PROVISIONS
Article 1. This Law shall regulate the public relations related to the telecommunications.
Article 2. The purposes of this Law shall be to provide conditions for:
1. the development of the telecommunication market and encouragement of competition;
2. guaranteeing the freedom and confidentiality of communications;
3. the protection of the interests of telecommunication services users;
4. the provision of a universal telecommunication service;
5. the effective utilization of the scarce resources.
6. the protection of the public interests and the ensuring of the national security and state defense.
Article 3. The public relations related to telecommunications shall be regulated in compliance with the following principles:
1. regulation by law;
2. effectiveness and transparency;
3. predictability;
4. public discussion;
5. limiting the regulatory influence to the necessary minimum.
Article 4. The public relations, related to telecommunications for civil needs shall be regulated by the state through an independent specialized state authority under the terms of this Law.
Article 5. (1) Telecommunications shall be conveyance, emission, transmission, or receipt of signs, signals, written text, images, sound or messages of any type by wire, radio waves, optical or other electromagnetic medium.
Article 6. Telecommunication activity shall be performance of telecommunications through telecommunication network and/or provision of telecommunication services.
Article 7. (1) This Law shall not apply to telecommunication activities for the needs of the National Assembly, Council of Ministers, the Ministry of Defense, the Ministry of Internal Affairs, the National Security Service and the National Intelligence Service, and for the needs of the executive authorities for the governance of the state, as well as to the internal allocation of frequencies and determination of the call signs for their official radio connections.
(2) The departments and services under par. 1 may use the public telecommunication networks and services under the procedures of this Law.
Chapter Two
MANAGEMENT OF THE TELECOMMUNICATION ACTIVITIES
Section I
General Provisions
Article 8. The telecommunication activities shall be managed by the Council of Ministers, the National Radio-frequency Spectrum Council and by the Minister of Transport and Communications.
Article 9. The Council of Ministers shall adopt the bylaws, in the cases provided for by this Law.
Article 10. (1) The Council of Ministers shall adopt sector policy in telecommunications whereby it shall define the state policy in that field. The sector policy shall be published in the State Gazette.
(2) The sector policy shall determine the strategy, principle and stages of development of the Telecommunications sector.
(3) The sector policy may be updated once in every two years or at shorter periods. The policy shall be updated under the procedure of its adoption.
Article 11. (1) The Council of Ministers shall adopt a state policy on planning and allocation of the radio frequencies spectrum and shall publish it in the State Gazette.
(2) The Council of Ministers shall adopt a National Plan for the allocation of the radio-frequency spectrum into radio-frequencies and radio-frequency bands for civil needs, for the defense and security needs, as well as for shared use between them.
Section II
National Radio Frequency Spectrum Council
Article 12. (1) The National Radio Frequency Spectrum Council to the Council of Ministers, hereinafter called “the council” shall develop and submit for adoption by the Council of Ministers and shall implement the state policy on the planning and allocation of the radio frequency spectrum. Representatives of the Ministry of Finance, the Ministry of Economics, the Ministry of Transport and Communications, the Ministry of Defense, the Ministry of Interior and the Communications Regulation Commission shall be members in the Council.
(2) The Minister of Transport and Communications shall be the Chairman of the Council. The state bodies under par. 1 shall designate their representatives and ensure the participation of those representatives in the work of the Council
(3) The Council of Ministers shall adopt Rules of Procedure of the Council at the proposal of its Chairman.
(4) The administrative management of the Council shall be performed by administration of the Ministry of Transport and Communications.
Article 13. (1) The National Radio Frequency Spectrum Council shall develop a National Plan for the allocation of the radio-frequency spectrum into radio-frequencies and radio-frequency bands for civil needs, for defence and security needs, as well as for shared use between them, which shall be approved by decision of the Council of Ministers.
(2) The National Plan for the allocation of the radio-frequency spectrum into radio-frequencies and radio-frequency bands for civil needs, for defence and security needs, as well as for shared use between them may be updated every year or at shorter periods. The National Plan shall be updated under the procedure for its adoption.
(3) The Council of Ministers shall publish in the State Gazette the National Plan for the allocation of the radio-frequency spectrum.
(4) Interested state authorities shall coordinate among themselves the specific allocation of radio frequencies and radio-frequency bands, designated for shared use for civil needs and for defence and security needs. If an agreement cannot be reached, the issue shall be referred to the National Radio Frequency Spectrum Council. The Council shall propose Council of Ministers to adopt a decision.
(5) The National Radio Frequency Spectrum Council shall hear disputes related to the electromagnetic compatibility and in case of disagreement between the interested parties shall propose the Council of Ministers to adopt a decision.
(6) The National Radio Frequency Spectrum Council shall jointly with the interested state authorities organise and participate in the development of strategies for the re-allocation of the radio-frequency spectrum with the aim of providing frequency resources for new technologies and services, which shall be adopted by a decision of the Council of Ministers.
Article 14. (1) The National Radio Frequency Spectrum Council, after coordination with the interested state authorities, shall authorise the use of radio-equipment with specific radio-frequencies and radio-frequency bands with their technical operational characteristics, the time limit and place for their use on the territory of the Republic of Bulgaria by foreign states and international organisations, when this is required for the protection of their interest and security or by international obligations undertaken by the Republic of Bulgaria.
(2) In cases under par. 1, applications for using radio frequencies and radio-frequency bands by foreign states and international organisations, shall be submitted through the respective embassy or representation to the National Radio Frequency Spectrum Council, not later than one month prior to the initial date of their use.
(3) In cases where the issuance of license under this Law is necessary, the National Radio Frequency Spectrum Council shall inform in writing the Communications Regulation Commission, which shall:
1. issue the respective license and
2. collect the fixed fees, unless provided otherwise by an international treaty to which the Republic of Bulgaria is party.
Section III
Minister of Transport and Communications
Article 15. The Minister of Transport and Communications shall implement the state telecommunication policy on the basis of this Law, the sector policy and the state policy for planning and allocation of the national radio-frequency spectrum.
Article 16. The Minister of Transport and Communications shall develop and submit for adoption by the Council of Ministers the sector policy in the field of telecommunications.
Article 17. (1) The Minister of Transport and Communications shall:
1. issue a Ordinance on the types of telecommunication activities subject to individual license and to registration under a class license;
2. keep samples of cryptographic keys and materials in case of their use by telecommunication operators under terms and conditions provided for in a Ordinance of the Council of Ministers;
3. take measures to ensure the freedom and privacy of telecommunications;
4. represent the Republic of Bulgaria in international organisations of the field of telecommunications;
5. participate in the work of international organisations for standardisation and participate in the technical committees for standardisation related to telecommunications;
6. issue the bylaws provided by the legislation within his competence;
7. issue permits to the radio-operators of the Mobile Aeronautical Service, the Mobile Aeronautical Satellite Service, the Global Maritime Distress and Safety System of the Mobile Maritime Service and for the Mobile Maritime Satellite Service; coordinate and register on the international level radio-frequencies and radio-frequency bands, as well as radio-equipment, which use them for the needs of the Mobile Aeronautical Service and the Mobile Aeronautical Satellite Service;
8. designate an official to keep a register for the issued licenses under item 7, which register shall be public;
9. issue an Ordinance on the terms and procedure for the allocation of the call signs of the radio-equipment active on the territory of the Republic of Bulgaria;
(2) Before the bylaws provided for in this Law are issued, the Minister of Transport and Communications shall publish a notice in a central daily newspaper and at the web-page of the Ministry of Transport and Communications for the elaborated projects indicating where the interested parties may receive these projects, and the term, which shall not be less than 14 days, within which they may submit written opinions on the projects. The Minister of Transport and Communications shall review the opinions and shall accept them or give a reasoned decision for their rejection.
Article 18. The Minister of Transport and Communications shall perform activities related to:
1. the restructuring of the Communications sector;
2. scientific research in the field of telecommunications and information and communication technologies;
3. the building and development of the information society;
4. European integration;
5. the disposal of budgetary funds for professional schools and enhancement of the qualification of the persons employed in the communications;
6. the development of telecommunications, information and communication technologies.
Section IV
Development of Communications and Information and Communication Technologies Agency
Article 19. (1) The activities in support of the development of telecommunication and postal infrastructure and of information and communication technologies shall be implemented by the Minister of Transport and Communications through the Development of Communications and Information and Communication Technologies Agency, hereinafter referred to as “the Agency”. The Agency shall be a budget-funded legal entity with a seat in Sofia.
(2) The activity, structure, work organisation and staff of the Agency shall be determined by a Ordinance on its structure adopted by the Council of Ministers.
Article 20. The funds for supporting the development of telecommunication and postal infrastructure and of information and communication technologies shall be paid into the budget of the Ministry of Transport and Communications, and accumulated as follows:
1. twenty five per cent of the initial license fee, when the license is received through contest:
2. twenty five per cent of the additional one-time license fee;
3. forty per cent of the fee for use of the radio frequency spectrum;
4. thirty per cent of the numerator capacity fee;
5. twenty five per cent of the fees for use of the geo-stationary orbit positions, determined for the Republic of Bulgaria under international treaties;
6. firty five per cent of the license fees and the registration fees for postal services;
7. funds for co-financing of projects for the development of communications, information and communication technologies;
8. donations;
9. interest;
10. other payments.
Article 21. (1) The funds under Art. 20 shall be spent as follows:
1. for financing of telecommunication and postal projects, as well as conferences, seminars, projects and other undertakings and activities in the field of information and communication technologies;
2. for financing of projects related to the government, defence and security of the state in the field of telecommunications;
3. for financing scientific projects, research and marketing activities for the purposes of telecommunications, postal services, information and communication technologies;
4. for making available radio-frequency spectrum for civil needs;
5. for financing of projects and activities defined in the plans for regional development in the field of telecommunications, postal services, information and communication technologies;
6. for financial support of projects and activities in the field of information and communication technologies for the purposes of education and professional training;
7. for activities related to the organisation and implementation of telecommunication and postal projects, as well as projects in the field of information and communication technologies;
8. for the upkeep of the Agency administration.
(2) The activities under par. 1, item 1, 3, 5, 6 and 7 shall be financed in compliance with the principles of competition, transparency and equal treatment.
(3) The Agency shall draft an annual report for the expenditure of the funds under par. 1. The report shall be published in the Information Bulletin and the web-site of the Ministry of Transport and Communications.
Chapter Three
COMMUNICATIONS REGULATION COMMISSION
Section I
Constitution
Article 22. (1) The Communications Regulation Commission, hereinafter called “the Commision” shall be an independent specialised state body – a legal entity with a registered seat in Sofia.
(2) The Commission shall have a first-rate right to dispose with budgetary funds.
(3) The Commission shall implement the telecommunications sector policy, state policy in planning and allocation of the radio-frequency spectrum for civil needs and the postal sector policy.
(4) The Commission shall regulate and control the telecommunications under a procedure provided for in this Law, as well as the provision of postal services under a procedure provided for in the Law on Postal Services.
(5) The Commission shall register and control the provision of certification services related to the electronic signature under a procedure specified in the Law on the Electronic Document and Electronic Signature.
Article 23. (1) The Communications Regulation Commission shall be a collective body and shall consist of five members, including a Chairman and a Deputy-chairman.
(2) Members of the Commission may be only Bulgarian citizens with higher education, at least one of whom a qualified lawyer and one economist.
(3) The Chairman of the Commission shall be appointed by a decision of the Council of Ministers with an order by the Prime Minister for a term of five years.
(4) The Deputy-chairman and two of the members of the Commission shall be elected by a decision of the Parliament for a term of five years.
(5) One of the members of the Commission shall be appointed by a decree of the President of the Republic of Bulgaria for a term of five years.
(6) Number of subsequent mandates shall not exceed two for any of the members of the Commission.
(7) Members of the Commission shall have all rights under the labour legislation, with the exception of those, which contradict or are incompatible with their legal status.
Article 24. (1) The Commission members may not be owners, partners, managers (procurators), consultants or members of management bodies of commercial companies, state enterprises, associations and foundations.
(2) The Commission members may not occupy another paid position, nor receive remuneration under civil contracts, except in the cases when they exercise scientific or teaching activity.
Article 25. (1) The powers of Commission members may be terminated before their term of office expires in the following cases:
1. at their request;
2. when incompatibility with the requirements of this Law is established;
3. when they have been sentenced to deprivation of liberty for an intentional indictable crime;
4. when unable to discharge their duties for more than 3 months;
5. in the case of person’s demise.
(2) When the powers of a Commission member are terminated, the competent authority shall, within one month from the day of termination of such powers, designate, elect or appoint a new member until the respective mandate expires.
Article 26. (1) The remuneration of the Commission members shall be determined as follows:
1. for the Chairman – 95 per cent of the basic salary of a Chairman of a Permanent Commission of Parliament;
2. for the Deputy-chairman – 90 per cent of the basic salary of a Chairman of a Permanent Commission of Parliament;
3. for the rest of the members – 85 per cent of the basic salary of a Chairman of a Permanent Commission of Parliament;
Article 27. (1) Each member of the Commission shall disclose in writing to the Commission any material trade, financial or other business interests that this member and/or his family members might have when a specific decision is taken.
(2) When the persons under par. 1, as well as persons economically related to them receive a license under this Law they shall always be deemed to have a material trade, financial or other business interest.
(3) Upon taking office the Commission members shall submit declarations stating the existence or absence of the circumstances under par. 1. The declarations shall also indicate the names and addresses of persons economically related to them or to their family members, as well as existing business interests. Declarations under this paragraph shall be kept in a special public registry with the Commission.
(4) At least once in 6 months the Commission members shall submit declarations under the requirements of par. 3
(5) A member of the Commission who has a direct business interest in the adoption of a specific decision shall be obligated to disclose this interest and to refrain from discussion and voting on the decision.
(6) The party affected, as well as every interested person, may file a request with the Supreme Administrative Court to cancel decisions taken in violation of the par. 5.
(7) One year after their mandate is terminated, the Commission members may not be owners, partners, managers (procurators), consultants or members of management bodies of commercial companies and state enterprises licensed under this Law.
(8) Within the term and under the conditions of par. 7, the Commission members may not exercise any rights under licenses issued under the procedure of this Law as sole proprietors.
Article 28. (1) The Chairman of the Commission shall:
1. represent the Commission or empowers persons to represent it;
2. organise and manage the work of the Commission;
3. appoint and chair the sessions of the Commission;
4. conclude, amend and terminate employment contracts with the administration staff, appoint and discharge state officials employed in the administration;
5. control and be responsible for the implementation of the Commission’s budget;
6. inform the public on the activities of the Commission through the mass media;
Article 29. (1) The Commission shall be assisted in its work by an administration structured and organised under the Law on the Administration.
(2) The Commission shall adopt Regulations determining its organisation, activity, rules of procedure and the structure of the Commission and its administration, which shall be published in State Gazette.
(3) The Commission and its administration employees shall receive an additional remuneration to their basic salary for performance of specific functions under the terms and condition of the internal rules of remuneration.
(4) The funds under par. 3 shall be determined to the amount of 25 per cent of the yearly amount of the salary funds under the Commission’s budget for the respective year and shall be included in the Law on the State Budget for that respective year.
Section II
Powers
Article 30. The Communications Regulation Commission shall:
1. perform studies and submit information to the Council on Electronic Media concerning the technical parameters necessary for the terrestrial radio-broadcasting of radio and television programs for settlements or regions designated by the Council on Electronic Media or for the entire territory of the Republic of Bulgaria, including free radio-frequencies, admissible radiated powers, possible broadcasting points, as well as other necessary technical information;
2. prepare the documents and take necessary action on issuing licenses as provided for in this Law, approve and confirm the obligatory documents stipulated by the law and/or the licenses.
3. issue, amend, complement, suspend, terminate and revoke individual licenses for telecommunication activities;
4. issue, amend, complement, suspend, terminate and revoke individual licenses for telecommunication activities – performance of telecommunication activity through telecommunication networks for land digital radio-broadcasting, while informing the Council on Electronic Media timely, with the purpose of starting procedures on issuing, amending, suspending, transferring and revoking licenses on radio and television activity under the Radio and Television Law;
5. issue individual licenses for telecommunication activity for performance of telecommunications using existing and/or new telecommunication networks for land radio broadcasting after a decision by the Council on Electronic Media;
6. issue class licenses for telecommunication activities, register and obliterate the registration thereunder;
7. secure the necessary conditions for telecommunication activity in the case of maritime or aeronautical search and rescue and safety information;
8. organise the provision by international organisations of numbers, addresses and names for the telecommunications in the Republic of Bulgaria;
9. develop the National Numbering Plan and distribute the numbers, addresses and names to the public telecommunication networks among the operators, in conformity with the principles designated in the Ordinance under Art. 158; the National Numbering Plan, as well as amendments thereof, shall be published in the State Gazette;
10. organise and control the use of numbers, addresses and names for the telecommunications in the Republic of Bulgaria;
11. develop and submit to the Minister of Transport and Communications draft laws and regulations, provided for adoption by this Law within his competence;
12. develop and submit for adoption to the Council of Ministers the laws and regulations provided for in this Law;
13. inform the public and carry out public consultations and referendums on key issues of telecommunication;
14. analyse the respective markets to determine operators with significant market power;
15. determine the operators with significant market power and impose the obligations provided for by this Law;
16. assign the provision of a universal service;
17. designate the operators who enjoy special right-of-way through other’s land property.
Article 31. (1) The Commission shall have the following powers related to the management of the radio-frequency spectrum:
1. to manage the radio-frequency spectrum allocated for civil services, by:
a) developing the regulatory policy for its management;
b) developing and publishing the principles of management and distribution of radio-frequency spectrum;
c) assigning radio-frequencies and radio-frequency bands to telecommunication operators licensed under the terms of this Law;
d) approving, suggesting amendments and supplementation of technical projects or other mandatory documents which are an inseparable part of individual licenses;
2. to implement the international coordination of radio-frequencies and radio-frequency bands, as well as of the radio equipment that uses them; coordination on the international level shall be implemented for all radio services with the exception of the Mobile Aeronautical Service and the Mobile Aeronautical Satellite Service;
3. to implement national coordination with all interested state authorities on the radio-frequencies and radio-frequency bands for civil needs, provided by individual licenses to public operators; to implement national coordination of the radio-frequencies and radio-frequency bands, as well as of radio equipment for civil needs that use them, with all interested authorities; coordination shall be performed with the purpose of ensuring the safety of air and maritime navigation; with the aim of protecting national security, national coordination shall also be implemented with the authorities that guarantee the state defence and security.
4. to register with the international telecommunications organisations the coordinated radio-frequencies, radio-frequency bands and radio equipment that use them; registration applies to all wireless services with the exception of the Mobile Aeronautical Service and the Mobile Aeronautical Satellite Service;
5. to issue qualification permits to amateur radio-operators;
6. to control the proper and efficient use of the radio-frequency spectrum for civil needs and/or of sources of radio interference in the radio-frequency spectrum for civil needs;
7. to control the observance of the internationally adopted procedural rules for radio services;
8. to define the identification signs of broadcasting radio equipment of amateur wireless services.
9. to provide conditions for telecommunication activity for the purposes of maritime and aeronautical search and rescue, as well as for the broadcasting of current information to ensure the safety of sea and air navigation and overland transport;
10. to participate jointly with the Minister of Transport and Communications in the work of international organisations related to the management of the radio-frequency spectrum;
11. to develop draft regulations specifying the procedural rules and technical parameters for the work of radio services.
(2) The Commission shall manage the radio frequency spectrum for civil needs in compliance with the principles of transparency, equality and publicity.
Article 32. The Communications Regulation Commission is the national organisation for standardisation with the European Telecommunications Standardisation Institute.
Article 33. (1) The Commission shall keep registers for:
1. the individual licenses issued;
2. the certificates issued for registration under a class license;
(2) The registers under par. 1 shall be public.
(3) Individual licenses of the public operators shall be public, with the exception of the texts and attachments to the licenses containing:
1. data related to the national security and defence of the state;
2. technical data and parameters of the network;
3. financial information, which constitutes commercial secret.
(4) The Communications Regulation Commission shall give access to the copies of the licenses under par. 3, excluding the information under items 1-3 against payment of a fee for administrative service.
Article 34. The Commission shall control the observance of:
1. laws and regulations in the field of telecommunication;
2. the principles of pricing;
3. the quality of services;
4. the requirements provided for in the licenses.
Article 35. (1) In performance of its function under Art. 34, item 4, the Commission shall conduct inspections on the compliance with this Law and the terms of the licenses, including upon demand of persons affected by the non-compliance with the terms by the licensed persons regarding:
1. refusal to grant specific access or individual/shared access to the subscribers’ line;
2. refusal to grant line under lease and/or interconnection;
3. refusal of shared use of telecommunication equipment and premises.
(2) When the inspection finds infringement of the Law or the conditions of the license, the Commission shall give mandatory instructions by a decision to eliminate that infringement within a term stipulated by the Commission. The decision shall be subject to immediate implementation.
(2) The decision under par. 2 may be appealed before the Supreme Administrative Court.
Article 36. (1) The Commission may demand of anyone who performs telecommunication activities the information necessary for the performance of its regulatory functions.
(2) The members of the Commission and its administration shall not disclose the information obtained under par. 1, in case it constitutes a trade secret.
Article 37. (1) When performing its functions the Commission shall render decisions.
(2) The decision of the Commission shall be subject to appeal before the Supreme Administrative Court.
Article 38. (1) The Commission may establish consultative structures in connection with the performance of its functions.
(2) The decision for an establishment of a structure under par. 1 shall designate their director and composition, the rules of procedure and their functions and tasks.
Article 39. The Commission shall represent the Republic of Bulgaria in the international organisations of the regulatory bodies in the field of telecommunications.
Article 40. (1) The Commission shall annually draft and submit, not later than by the end of the second quarter of the following year, to the Parliament, the President of the republic of Bulgaria, the Council of Ministers and the Council for Electronic Media, a report on its activity which shall compulsorily contain:
1. development of the universal service and degree of market satisfaction with this service;
2. allocation of frequencies for civil needs by services and mechanisms of their effective use;
3. allocation distribution of the numbers of the National Numbering Plan;
4. analysis of the market for telecommunication activities and services, and the prospects of development;
5. the results of the market analyses performed with the aim of calculating the existence of a significant market power of a respective operator;
6. the state of competition in the field of telecommunications and the application of the principles of pricing policy.
(2) When drafting the report on par. 1, item 6, the Communications Regulation Commission shall consult with the Competition Protection Commission.
(3) The Communications Regulation Commission shall publish the annual report on its work in the Information Bulletin and on the web-site of the Communications Regulation Commission.
Section III
Financing
Article 41. (1) The revenues into the budget of the Commission shall be accumulated from the performance of the activities under this Law, as follows:
1. five per cent of the initial license fees when the licenses for telecommunication activity are obtained through contest procedure;
2. five per cent of the additional one-time license fees, paid upon receipt of an additional radio-frequency spectrum;
3. thirty five per cent of the annual fees for use of radio-frequency spectrum;
4. thirty per cent of the annual fees for use of numbering capacity;
5. five per cent of the annual fees for use of the positions on the geo-stationary orbit, allotted to the Republic of Bulgaria under international treaties.
6. from initial license fees;
7. from registration fees;
8. from license fees for control of the performance under the licenses;
9. from fees for amending the licenses;
10. from twenty per cent of the fines and property sanctions as provided for in this Law;
11. interest on delayed payments;
12. from donations;
13. from revenues from administrative services rendered by the Commission.
(2) The funds in the budget of the Communications Regulation Commission shall be spent on financing the activity of the Communications Regulation Commission, including projects related to the regulation and liberalisation of the market, for capital expenses, effective and active control, improvement of the facilities, qualification and training of personnel.
Article 42. The Commission shall annually prepare an estimate for the revenues under Art. 41, par.1, items 1-7.
Article 43. The Commission shall annually prepare and publish until May 30 an estimate of the expected revenues under Art.41 and the respective expenditures to provide for its activity in the following year, which shall be submitted to the Minister of Finance.
Article 44. (1) In case the expected revenues do not cover the expenditures for the activity of the Commission, the difference shall be provided form fees for control of the performance under the licenses paid by operators, which perform telecommunication activities under individual licenses.
(2) The amount of the fees for control under par.1 shall be determined in accordance with the estimated revenues from the activities of the operators under par. 1 proportionally allocated among them.
Chapter Four
TELECOMMUNICATION OPERATORS
Section I
General Provisions
Article 45. (1) Telecommunication operators shall be public and private.
(2) A public telecommunication operator shall be deemed to be any person who performs telecommunications through public telecommunication network and/or provides public telecommunication services on the grounds of an individual license or a class license registration.
(3) Private telecommunication operator shall be deemed to be any person who performs telecommunications through private telecommunication network for his own needs on the grounds of an individual license or registration under a class license.
Section II
Telecommunication operators having significant market power
Article 46. (1) A public operator shall be deemed to have significant market power, if he owns more than 25 per cent of the respective telecommunication market (of the telecommunication market or the geographical market ).
(2) The Commission may determine that an operator with a market share of less than 25 per cent in the relevant market has significant market power in the respective market if the operator by himself or jointly with another operator with whom they are affiliated persons under the Commerce Law, has economic power allowing the operator to act substantially independently from competitors and consumers, because of:
1. his ability to influence the respective market;
2. the size of the share of the realised turnover compared to the total turnover of the relevant market;
3. the extent of influence on the access to the end-users;
4. the access to financial resources and experience in offering services on the respective market.
(3) The Commission may determine that an operator with a market share of more than 25 per cent in the relevant market does not have significant market power in the relevant market when the conditions under par. 2 are not present.
(4) The operator shall be deemed to have significant market power on another closely related telecommunication market, if the links between the two markets are such as to allow the significant market power of the operator on one of the markets to influence the other market, thus expanding the presence of the operator on that other market.
Article 47. (1) The procedure and conditions for determination of telecommunication operators that have significant market power shall be provided for in a methodology to be drafted by the Communications Regulation Commission in coordination with the Competition Protection Commission and adopted by the Council of Ministers.
(2) To determine that an operator has significant market power on the respective market the Commission shall analyse the relevant market. The analysis shall be published on the web-site of the Communications Regulation Commission.
(3) As operators with significant market power may be designated telecommunication operators under art. 46, that perform telecommunications through:
1. fixed telephone networks and provision of fixed telephone services;
2. provision of leased lines, including by types;
3. mobile telecommunication networks.
(4) The decision of the Communications Regulation Commission for designation of an operator with significant market power on the relevant market above shall be subject to immediate enforcement and is subject to appeal before the Supreme Administrative Court.
Article 48. Public operators shall provide to the Commission the necessary documents and information when the analysis under Art. 47, par. 2 is conducted. When the analysis is conducted the respective operators may not refer to business or trade secrecy.
Article 49. On the grounds of the analysis of the respective market the Commission may decide:
1. that the market is competitive and the imposition of obligations on an operator with significant market power is not required; in such case, if respective obligations have already been imposed, the Commission may limit or abolish them;
2. that the market is not competitive and to impose obligations on an operator with significant market power; if such obligations have already been imposed, the Commission may extend their validity terms or impose new obligations in accordance with the requirements of this Law.
Chapter Five
PERFORMANCE OF TELECOMMUNICATIONS ACTIVITIES
Section I
General Provisions
Article 50. (1) Telecommunication activities shall be performed freely – without individual license or registration under a class license for:
1. telecommunications through telecommunication networks for private needs without use of the radio-frequency spectrum;
2. telecommunications through radio-equipment and radio-equipment networks for private needs;
3. telecommunications by provision of services, except in the cases under Art. 51 and under the conditions of actual competition, where provision of these services does not threaten the life and the health of the population, does not create conditions threatening the integrity of the networks, through which they are provided and the interests of the consumers, the security and the state defence are not threatened.
(2) The terms and conditions for the performance of telecommunication activity under par. 1, item 2, are determined by a Ordinance of the Minister of Transport and Communications.
(3) The Ordinance under par. 2 may provide only for requirements related to protection of the life and health of the population and prevention of interference in the radio frequency spectrum.
Article 51. (1) Telecommunications activities shall be performed on the grounds of registration under a class license when telecommunications are performed through:
1. telecommunication networks or radio-equipment through the radio-frequency spectrum for general use, which is determined by the Communications Regulation Commission;
2. provision of a telecommunication service – access to satellite systems;
3. public telecommunication network without the use of scarce resource.
(2) Telecommunication activity shall be performed on the grounds of individual licenses, when telecommunications are performed :
1. through telecommunication network with an individually assigned scarce resource;
2. through provision of a voice service, access to voice service and/or universal service;
3. through mobile aeronautical, radio-location and radio-navigation services for air traffic control and provision of aeronautical navigation service of the flights in the civil air space;
4. through provision of leased lines, including international leased lines, and
5. when granting of rights-of-way is necessary, and
6. when special obligations are imposed, in the case of an operator with significant market power;
7. through telecommunication network for maritime search and rescue, and broadcasting of current information for the safety of navigation;
8. through provision of telecommunication services through telecommunication network under item 7.
9. through telecommunication network for search and rescue and through broadcasting of information for the safety of air travel .
(3) The Minister of Transport and Communications shall determine by Regulation the types of telecommunication activities subject to individual licensing and registration under a class license.
Article 52. (1) The requirements for issuance of individual licenses shall be one and the same for all applicants for the same type of telecommunications activity.
(2) Licenses shall be issued under conditions of equality and transparency.
Article 53. (1) The number of operators shall not be limited upon issuance of individual licenses unless the resource is scarce for natural or technical reasons, or in case otherwise provided for by the law.
(2) In case of individual licenses issued for limited resource under par. 1, the Communications Regulation Commission shall inform the public about the reasons for the imposed restriction through one national daily newspaper and through its web-site on the Internet.
Section II
Issuance of Individual Licenses
Article 54. Individual licenses shall be issued to individuals – sole proprietors, to legal entities and diplomatic missions and or other organisations having the status of diplomatic missions. Individual licenses for private networks using scarce resource, may also be issued to individuals.
Article 55. Individual licenses for telecommunications activities shall be issued without conduct of tender or contestcontest, if the resource to be used is not limited.
Article 56. (1) If the resource is limited, individual licenses shall be issued after the conduct of a tender or contest.
(2) In case the resource is limited, individual licenses shall be issued without the conduct of a tender or contest in the following cases:
1. the applicants are less or equal in number to the operators, which may be licensed for the available scarce resource;
2. to public telecommunication operators who need scarce resource that is not directly used for the purposes of provision of telecommunications services;
3. for telecommunications performed by a private telecommunication operator – to the person who first filed a written application in compliance with the principles under Art. 31, par.1, item 1“b” and the Ordinance under Art. 158;
4. for use by the state authorities;
5. if so provided for by the law;
6. to diplomatic missions and other organisations having the status of diplomatic missions;
7. further to a resolution by the Electronic Media Council passed following a tender conducted under the procedure provided for by the Law on Radio and Television;
8. for telecommunications performed through telecommunication networks under Art. 51, par. 2, item 3, 7 and 9 and through provision of telecommunication services under Art. 51, par 2, item 8.
Article 57. (1) The individual license shall be issued without tender or contest by the Communications Regulation Commission following a written request whereto any and all required documents are attached.
(2) The documents shall be in Bulgarian in two identical copies.
(3) The filed application and the attached documents shall be reviewed within 30 days after their filing.
(4) The Commission shall render a decision regarding the application within 6 weeks after it has been filed.
(5) If not all of the required documents are provided or if the provided ones should be corrected, the applicant shall be notified in writing to provide the missing documentation or correct the provided one within 7 days after the date of receipt of the notification. In case the applicant fails to provide the missing documentation or correct the discrepancies within the term set, the application shall not be reviewed.
Article 58. The Communications Regulation Commission shall refuse to issue an individual license by a resolution when:
1. no free scarce resource is available;
2. no legislative act provides for the issuance of license for the specific type of telecommunication activity;
3. the activity would threaten the national security and the state defence;
4. the person applying for license:
(a) is declared bankrupt or is in bankruptcy procedure;
(b) is in liquidation;
(c) is deprived of the right to conduct commercial activity;
(d) has financial liabilities to the state, declared in an enforceable act of a competent authority or liabilities to social security funds or to the Commission.
(e) the license for the same type of telecommunication activity was revoked within the term stipulated by the Commission under Art. 87, par. 3;
5. the conditions under Art. 60 are present.
(2) The conditions under item 4 “a”, “b” and “d” shall be certified by a document from the respective competent authority, and the conditions under “c” – by a declaration.
(3) the decision under par. 1 shall be subject to appeal before the Supreme Administrative Court.
Article 59. The terms and conditions for issuing individual licenses without a tender or contest for specific telecommunication activities shall be set forth in Regulations adopted by the Minister of Transport and Communications.
Article 60. (1) An individual license for a telecommunication activity with national coverage may not be issued to a public telecommunication operator or persons affiliated to him under the meaning of the Law on Commerce, who have another license for the same type of telecommunication activities.
(2) An individual license for a telecommunication activity may not be issued to a public telecommunication operator or to persons affiliated to him under the meaning of the Law on Commerce, who have a license with national coverage for the same type of telecommunication activities.
Article 61. (1) The individual license is issued for a term of 20 years.
(2) The term may be prolonged by the Communications Regulation Commission pursuant to a request of the licensee when:
1. the licensee complies with the requirements of the legislation, including with the requirements regarding the national security and state defence;
2. for the term of the issued license the licensee has not been notified in writing about possible revocation of the license under the procedure of Art. 87, par. 1.
3. the conditions under Art. 58, par. 1, item 4 are not present for the licensee.
(3) The term of the license shall not be prolonged if in compliance with the state policy on planning and allocation of the radio-frequency spectrum, the scarce resource granted to the licensee is envisaged for a more effective use for another type of telecommunication activity through a new technology.
(4) The total term of license may not exceed 35 years.
(5) After the expiration of the total term, in case of application for a new license for the same type of activity, a person under par. 2 shall be given preference, all other conditions being equal.
Section III
Issuing of Individual Licenses through Tender or Contest
Article 62. (1) The procedure for issuance of an individual license through tender or contest shall be opened upon the motion of the Communications Regulation Commission or upon the request of an interested person.
(2) Upon request of an interested person the Commission shall analyse the availability for issuance of individual licenses and shall within 30 days notify the applicants of the result in writing.
(3) In the cases referred to in par. 1 and if technical capacities are available under par. 2, the Communications shall publish a notification in at least one national daily newspaper and on its web-page regarding its intention to issue an individual license for telecommunication activities, the technical specifications of the free scarce resource and the term for filing of applications for issuance of an individual license. This term may not be less than 30 days.
(4) If the number of applicants who have submitted an application under par. 3 is less or equal to the number of persons that may be licensed for the free scarce resource, the Communications shall issue an individual license on the grounds of Art. 56, par.2, item 1 under the terms and conditions for issuing individual licenses without tender or contest. If the number of applicants is greater, a tender or contest procedure shall be opened.
Article 63. (1) The Communications Regulation Commission shall within 6 months after the expiration of the term under Art. 62, par. 3 open by resolution a tender or contest procedure for issuance of an individual license for telecommunication activities by use of a scarce resource.
(2) The resolution under par. 1 shall provide for the following:
1. subject and type of the tender or contest;
2. specific requirements to the persons that may participate, regarding the technical or financial terms or conditions for the protection of competition;
3. place, term and procedure for purchase of the tender or contest documentation;
4. place and deadline for filing of applications for participation,
5. amount and method of payment of the deposit for participation;
6. initial contest price and contest step, applicable in case of contest;
7. date, venue and hour for conduct of the tender or contest procedure;
8. other specific requirements related to the tender or contest procedure.
(3) The resolution under par. 1 shall be published in State Gazette.
Article 64. (1) A tender procedure shall be conducted in case a complex evaluation for issuance of the individual license is required. The tender procedure may be carried out with or without the attendance of the competitors.
(2) A contest procedure shall be conducted if the activities to be performed could be performed by a broad range of persons and the offered contest price is a factor of significant importance. The contest may be sealed or opened.
Article 65. The tender or contest documentation shall contain the following:
1. requirements regarding the performance of the activities subject to the tender or contest, such as rate of development and/or servicing; quality of service; type of technology to be used, obligations related to the state security and defence, etc.);
2. evaluation criteria, their relative weight and evaluation methods;
3. rules of procedure for the tender or the contest;
4. procedural rules of the expert commission.
(2) The tender and contest documentation under par. 1 shall be drafted and approved by the Communications Regulation Commission.
Article 66. (1) The Communications Regulation Commission shall appoint an expert commission for the tender or contest procedure.
(2) If the subject matter of the license could affect the national security and state defence, representatives of the Ministries of the Interior, the Ministry of Defence, the Ministry of Transport and Communications and the Ministry of Finance shall also be members of the commission.
(3) A person having material commercial, financial or other business interest may be a member of the expert commission.
(4) Every member of the expert commission shall declare before the Communications Regulation Commission in writing the lack of any material commercial, financial or other business interest that he and/ or persons economically related to him or members of his family have in relation to the election of a certain applicant.
(5) The affidavits under par. 4 shall indicate the names and addresses of the persons economically related to him or his family, as well as other business interest, that have appeared. The affidavit shall be kept in a special public register with the Communications Regulation Commission.
(6) It shall be deemed that the members of the expert commission or their family members, as well as persons economically related to them have material commercial, financial or other business interest if these persons:
1. are granted a license under this Law;
2. are appointed members of the management bodies of the selected applicant within one year as of the issuance of the license.
(7) The Communications Regulation Commission shall, by resolution, appoint the members of the expert commission and shall determine the rules of conduct of the sessions, the rules applicable to the decision making process, to the drafting the minutes of proceeding, the remuneration payable for participation in the expert commission.
Article 67. The persons who wish to participate in the tender or contest announced by the Communications Regulatory Commission, shall file a written application attaching:
1. any and all court decisions on the batch of the applicant and a court certificate regarding its current legal status;
2. evidence of the financial capability to perform the activity, such as annual accounting balance and a report on the income and expenses, annual tax returns, bank recommendations, documents for acquisition of long-term fixed assets;
3. technical project and business plan in compliance with the requirements of Art. 65, par. 1, item 1.
4. document of paid deposit or bank guarantee in the amount of the deposit;
5. document certifying the lack of the circumstances under Art. 58, par.1, item 4;
6. declaration for confidentiality of the information contained in the tender or contest documentation;
7. document of paid tender or contest documentation;
8. other documents related to the subject-matter of the tender or contest.
(2) All the documents shall be submitted in Bulgarian in two identical copies.
(3) If the contest is sealed, the offers of the applicants on the contest price, shall be placed in identical envelopes. The envelopes shall be opened in compliance with the rules of procedure for the contest, included in the contest documentation.
(4) If not all of the required documents are provided or if the provided ones should be corrected, the applicant shall be notified in writing to provide the missing documentation or correct the provided one within 7 days after the date of receipt of the notification. If the applicant fails to provide the missing documentation or to correct the provided one, he shall not be admitted to participation in the contest.
(5) An applicant who does not comply with the requirements under Art. 58, par. 1, item 4, shall be eliminated from the tender or contest.
Article 68. (1) Within two months after the expiration of the term for submission of documents, the expert commission in charge of the tender or contest shall conduct the tender or contest.
Article 69. (1) In case of tender, the offers shall be ranked on the basis of a complex evaluation for satisfaction of the tender requirements.
(2) In the case of contest the candidates shall be ranked according to the offered price.
Article 70. (1) The expert commission shall, within 7 days after completing its work, present to the Chairman of the Communications Regulation Commission a report on the work performed and the results of the ranking as well as the whole documentation related to the conducted tender or contest.
(2) Within 14 days as of the date of receipt of the documents under par. 1 above, the Communications Regulation Commission shall render a decision:
1. for issuance of a license to the winning applicant.
2. for termination of the tender or contest, without determining a winning applicant, when the results of the ranking do not indicate an applicant complying with the requirements of the conducted tender or contest.
(3) Within 3 days after rendering the decision under par. 2, the Communications Regulation Commission shall send that decision in State Gazette for publication. The resolution shall be published 5 days thereafter.
(4) The decision under par. 2 shall be subject to appeal before the Supreme Administrative Court.
Article 71. (1) The deposits to the applicants that have not won the tender or contest shall be released within 3 working days after the expiration of the term for appeal of the decision under Art. 70, par. 2. The deposit of all the applicants shall be released within the same term after the procedure has been terminated.
(2) Th deposits of the first- and second-ranking applicants shall be released within 3 working days after the decision under Art. 70, par. 2 item 1 has entered into force.
Article 72. (1) The Communications Regulation Commission shall issue an individual license to the winning applicant within 14 days as of the effective date of the decision under Article 70, par 2, item 1.
(2) By the individual license the winner of the tender of contest shall be bound by the offers made during the tender or contest procedure.
Article 73. (1) If the approved applicant declines the individual license and/or fails to pay the offered final contest price within the term and in the way specified in the tender documentation, the license shall be offered to the second ranking applicant.
(2) If the second ranking applicant declines the license, the procedure shall be terminated without issuance of any individual license.
(3) The deposits of the applicants under par. 1 and 2 shall not be subject to refund.
Section IV
Contents of the Individual License
Article 74. (1) Individual licensees of public operators shall provide for the following conditions:
1. scope and term of the license, territorial coverage;
2. technical specifications to be met by the networks and related equipment;
3. obligation for provision of services to all customers under equal conditions;
4. requirements for the quality of service;
5. stages of installation, development or expansion of the network, term for starting the activity;
6. obligation to guarantee reliability of the provision of telecommunications through telecommunication network in cases of crisis of non-military character;
7. obligation for provision of public telecommunications services, in cases of martial law or war;
8. additional obligations related to the national defence and state security, or in cases of crisis of non-military character;
9. requirements to guarantee the privacy of communications and the protection of personal data;
10. conditions for interception of communications concerning the national security and the public order;
11. conditions with respect to the amendment, supplement suspension and termination of the license;
12. requirements for revocation of the license;
13. conditions regarding the transfer of shares or stock by the licensee;
14. method of determining license taxes and other taxes, terms and ways of payment;
15. obligation to provide information for the purposes of regulation and requirements for allowing control on the performance of the license;
16. protection of the environment, people’s life and health.
(2) The individual licenses under par. 1 may provide for the following conditions, related to:
1. granted individual scarce resource;
2. numbering , addressing and naming;
3. effective and undisturbed use of the radio-frequency spectrum;
4. right-of-way;
5. access to and interconnection of the networks;
6. provision of a universal service;
7. issuing of telephone directories for the subscribers;
8. provision of access to the services for disabled persons;
9. term for co-ordination of the General Terms for customer relations with the Communications Regulation Commission;
10. obligation to deposit with the Minister of Transport and Communications a specimen of the cryptographic key and cryptographic materials, in case of use of cryptographic means;
11. cooperation to introduce European and international telecommunications standards in the country;
(3) The individual licenses of operators with significant market power shall provide for the following terms:
1. drafting of Reference Offers
2. obligation for keeping separate accounting of the expenses;
3. elaborating a system for determining the expenses by elements;
4. obligation for cost-orientation and non-related structure of prices;
5. obligation for provision of specific access, interconnection, individual/shared access to the subscribers network and leased lines;
6. prohibition of cross subsidising of telecommunication networks and services, which shall be provided in competitive environment;
7. drafting of framework conditions for shared use of telecommunication devices and premises.
(4) The individual licenses of private operators shall mandatory provide for the requirements under par. 1, item 1, 2, 6, 8, 11, 12, 14, 15, and 16 and may provide for the requirements under par. 2, item 1, 2, 3 and. 5.
Article 75. (1) The individual license of telecommunication operators offering voice telecommunication service including through public telephones shall provide for an obligation to allow each user to make free of charge emergency calls.
(2) Operators providing voice service through public payphones, if technical capacities are available, shall provide “identification of the line of the calling person,” if the payphones are used to establish voice connection with the service for emergency calls.
(3) The emergency calls shall be made without using coins, chips, cards and other means of payment.
(4) The operators, offering voice service through mobile networks, if technical capacities are available, shall provide “identification of the line of the calling person,” to allow determining the place of the calling person on mobile network cell level.
(5) Subscribers shall be entitled to emergency calls until their contract with the operators under par. 1 is terminated under the terms of the general conditions of the consumer contract.
Article 76. Individual licenses for one and the same type of telecommunication networks shall contain the same type of requirements applicable to the operators, unless otherwise provided by this Law.
Article 77. (1) Licensed public telecommunication operators performing, apart from the licensed activity other commercial activities shall keep separate accounts for the income from the licensed activity and record such income in the statement of incomes and expenditures separately.
Section V
Amendment, Supplement, Suspension, Transfer , Termination or Revocation of an Individual License
Article 78. (1) The Communications Regulation Commission may amend or supplement the licenses by a written reasoned decision on the following grounds:
1. force majeure;
2. for reasons related to the national security and state defence;
3. changes in the national legislation and resolutions of international organisations, approved by the Republic of Bulgaria;
4. for reasons related to the public interest, arising out of the effective use of scarce resource, protection of the consumers interests, provision of a universal telecommunication service and encouragement of competition on the telecommunications market.
(2) The amendments and supplements under par. 1 shall be made after written notification is being served on the licensee.
(3) The decision under par. 1 above shall be subject to appeal before the Supreme Administrative Court.
Article 79. (1) The licensed operator may submit a written reasoned request to the Communications Regulation Commission for amendment or supplement of the license. The Communications Regulation Commission shall consider the grounds for the request and shall analyse the necessity of the proposed amendment or supplement of the license and shall render a decision within two months after the request is made.
(2) The decision under par. 1 above shall be subject to appeal before the Supreme Administrative Court.
(3) Additional scarce resource shall be granted to the public operator through an amendment and supplementation of the licence without tender or contest, where this operator :
1. needs such resource for expansion, innovation and development of his public telecommunication network, and
2. has used effetively the already granted to him resource, and
3. has a public teleommunication network, that allows the possibility for expansion, innovation and development.
Article 80. (1) The performance of any and all the activities under the license may be terminated or suspended by decision of the Communications Regulation Commission on the following grounds:
1. upon reasoned proposal by the Minister of Transport and Communications in case of “martial law” or “war-time” regime, if so required;
2. in case of threat for the national security and state defence resulting from the performance of one or more of the activities under the license;
3. in the event of demise of the licensee – if individual; in such case the successors may within 3 months declare before the Commission their request to perform the activity, where they shall continued to perform the activity until the Commission renders its decision;
4. upon liquidation or winding up of the licensed legal entity and termination of the activities of the individual, if sole-proprietor.
(2) The decisions under par. 1, item 2 shall be reasoned and shall be subject to immediate enforcement.
(3) The decisions under par. 1 and 2 above are subject to appeal before the Supreme Administrative Court.
Article 81. (1) The performance of all or some of the activities of the license may be terminated upon a reasoned request of the licensee, if the performance of the licensed activities becomes impossible. The Communications Regulation Commission shall investigate if the request is reasoned and shall render a decision within two months of the submission of the request.
(2) The performance of some or all of the activities of the license may be suspended upon a reasoned request of the licensee. The Commission shall analyse the request and shall render a decision within two months of the submission of the request when:
1. the request is from an operator with significant market power, for activities, for which the operator was designated as such having significant market power;
2. for performance of an activity the licensee was granted individually determined scarce resource;
3. the activity is in performance of an obligation to provide universal telecommunication service;
(3) Th decisions under par. 1 and 2 shall be subject to appeal before the Supreme Administrative Court.
Article 82. (1) The license for telecommunication activity shall be terminated by a decision of the Communications Regulation Commission, if the licensee or persons related to him within the meaning of the Law on Commerce, is granted, as a result of tender or contest, a license for the same type of telecommunication activity with national coverage.
(2) The decision under par. 1 shall stipulate the term for termination of the license.
Article 83. If the license is terminated or suspended because of a threat to the national security and state defence under Art. 80, par. 1, item 2, except for cases of “Martial law” or “War time”, as well as in cases of natural disasters and emergencies, the licensee shall be entitled to an indemnity in the amount of the property damages incurred as a result of the termination or suspension.
Article 84. (1) The individual license for on-land broadcasting through existing and/or new telecommunication networks shall be terminated by a decision of the Communications Regulation Commission following a decision of the Electronic Media Council for termination of the respective license for radio and television related activities.
(2) In cases where a telecommunication license for on-land radio broadcasting is terminated by a decision of the Communications Regulation Commission on the grounds provided for in Article 80, par. 1, items 1, 2 and 3 and Art. 81, par. 1, the individual license for radio and television related activities shall be terminated by the Electronic Media Council after entering into effect of the decision of the Communications Regulation Commission.
Article 85. (1) Individual licenses shall be personal.
(2) Individual licenses may be transferred to third parties only upon the permission of the Communications Regulation Commission, if issued without a tender or contest.
(3) If individual licenses are awarded as a result of a tender or a contest process, they shall not be transferred during the initial 3 years period as of their issuance, unless the licensee has declared in advance his intent to incorporate a legal entity, wholly owned by the licensee, which legal entity shall perform the activities under the license. After expiration of the 3 years period the licenses may be transferred to third parties only with the consent of the Communications Regulation Commission.
(4) Individual licenses for telecommunication activities through existing and/or new telecommunication networks for on-land radio broadcasting shall be transferred to the person to whom the respective license for radio and television activities have been transferred after a decision of the Electronic Media Council.
Article 86. (1) Licensed telecommunication operators may transfer the ownership of stocks and shares comprising less than 10 per cent of the capital after a prior written notification to the Communications Regulation Commission.
(2) Stocks or shares in the amount of more than 10 percent of the capital are subject to transfer by the operators under par.1 after the permission of the Commission.
(3) The licensed operators – sole proprietors may transfer their ongoing concern after a permission of the Commission.
Article 87. (1) The Communications Regulation Commission may revoke the license by a reasoned decision, after a prior written notification providing for a specific term, in the following cases:
1. material or systematic violation of the provisions of this Law, of the regulations on its application, or of the license terms and conditions;
2. financial or technical inability of the licensee to perform his activities;
3. acts of the licensee, endangering the national security or state defence or violating the public interest.
(2) The Communications Regulation Commission shall revoke the license if within the term specified in the written notification under par. 1, the licensee has not remedied the default.
(3) The decision for revocation shall provide for a term during which the person shall not be entitled to apply for issuance of a new license for the same activity. The term shall be not less than 2 years.
(4) Individual licenses for telecommunication activities through existing and/or new telecommunication networks for land radio transmission shall be revoked by the Commission following a decision of the Electronic Media Council for revocation of the respective licenses for performance of radio and television activities.
(5) In case of revocation of a telecommunication license for terrestrial broadcasting by decision of the Commission on the grounds under par. 1 above, the individual license for radio and television activities shall be revoked by the Electronic Media Council after the entering into effect of the decision of the Commission.
(6) The decisions under par. 1 above are subject to appeal before the Supreme Administrative Court.
Section VI
Registration under Class License
Article 88. Class license shall provide for the conditions for performance of telecommunication activity and the requirements in relation to the persons, who wish to perform telecommunication activity.
Article 89. (1) Prior to the issuance for public discussion of a class license, the Communications Regulation Commission shall publish the draft in one national daily newspaper and on its web-site on the Internet and shall provide for a period of not less than 14 days, within which written opinions on the project can be made. The Commission shall analyse the opinions and shall adopt the opinions or reason in writing its rejection to adopt them.
(2) A class license shall become effective on the date of its promulgation in the State Gazette, unless the license itself provides a specific date.
Article 90. (1) The Communications Regulation Commission may amend the conditions of a class license if such amendment shall be in public interest, following from the effective use of the radio-frequency spectrum, the consumer protection and the encouragement of competition.
(2) The Commission shall amend the class license pursuant to the procedure under Art.89.
Article 91. (1) Any person who wishes to perform telecommunication activities under a class license shall file a standard application for registration with the Communications Regulation Commission. Certificate of current legal status of the court registration, a copy of BULSTAT registration certificate, tax registration and a document, evidencing payment of taxes initial the requested registration under the class license, shall be attached to the application.
(2) Persons under Art. 1 shall submit additional documents in compliance with the specific requirements of the respective class license.
(3) The Communications Regulation Commission shall register persons who meet the requirements of the class license registration within 14 days of the submission of the application under par.1.
(4) The Commission shall issue a certificate of registration to any person registered under the class license regime.
(5) The Commission shall keep register of the persons registered under the class license. These registers shall be public.
Article 92. The rights and obligations related to the performance of telecommunication activities under a class license shall arise upon registration.
Article 93. (1) In case the person does not meet the requirements for a class license registration the Communications Regulation Commission shall refuse registration with a reasoned decision and shall notify the person in writing thereof in 7 days term.
(2) The decision under par. 1 shall be subject to appeal before the Supreme Administrative Court.
Article 94. The class license shall provide for some of the conditions and requirements specified in Article 74, determined in view of the type of telecommunication activities to be performed.
Article 95. (1) Any person registered under a class license shall observe the requirements and conditions provided for in the class license.
(2) The Communications Regulation Commission may by a decision cancel the registration of any person, entitled to perform activities under a class license registration in case of violation of the license conditions and requirements and failure of such person to cease the violating activities or remedy the consequences of the violation within 30 days after being notified thereof. The decision shall be subject to immediate enforcement .
(3) The decision under par. 2 shall be subject to appeal before the Supreme Administrative Court.
Chapter Six
UNIVERSAL TELECOMMUNICATION SERVICE
Section I
Scope
Article 96. (1) Universal service shall be a telecommunication service with a specified quality, provided to any user, regardless of his geographical location and offered at an affordable price.
(2) The universal service shall include the provision of all or some of the following services:
1. connection to public fixed telephone network at a fixed point thereof and access to fixed public telephone services, assuring local, national and international calls;
2. access to voice telephone service through public payphones;
3. updated telephone directory and provision of telephone inquiry services for the numbers of the subscribers to the fixed and mobile networks;
4. free access to services for emergency calls;
5. provision of services under special conditions and/or provision of special terminal devices, where appropriate for the disabled.
Section II
Designation of Operators With the Obligation for Universal Service Provision
Article 97. (1) The Communications Regulation Commission shall assign the universal service provision on one or more operators in order to assure the coverage of the territory of the whole country.
(2) The obligation for provision of a universal service shall be assigned by and specified in the individual licenses issued to public telecommunication operators of public fixed telephone networks.
Article 98. (1) The Communications Regulation Commission shall assign the universal service provision to the public telecommunications operators through a tender. The terms and procedure, provided for tender for issuance of individual licenses, shall be applicable.
(2) The operator who evidences financial and technical capability to provide the universal service in the most efficient manner and at the lowest price, including with minimal compensation of the net costs, shall be designated winning applicant.
(3) Every operator with significant market power, who performs telecommunications through fixed telephone networks and provision of fixed telephone services, as well as through public payphones may be obligated to provide universal service.
Section III
Universal Service Provision
Article 99. (1) The operators obligated to provide the universal service specified in the Art. 96, par.2, item 1 shall satisfy every request for connection to the fixed public telephone network at a fixed termination point and for access to the fixed public telephone services.
(2) The connection specified in the Art. 96, par.2, item 1 shall enable the users to make connections supporting voice, facsimile communications and/or data transmission in the voice frequency band, through a modem with a speed of minimum 2400 bit/s.
Article 100. (1) Information regarding the telephone numbers of the subscribers to the public telecommunication networks shall be provided in accordance with the statutory requirements for personal data protection under this Law.
(2) Pubic operators, providing the universal service under Art. 96, par.2, item 3 shall prepare and update annually paper and/or electronic directories, containing information regarding the telephone numbers and other personal data of the subscribers.
(3) The directories under par. 2 shall be publicly accessible.
(4) All users shall be granted access to the telephone inquiry service, providing information on all registered numbers of subscribers to the network.
(5) Public operators, providing universal service under art. 96, par.2, item 3, shall provide telephone directories to disabled persons free of charge. Within their technical and financial capacities, the operators shall prepare and provide free of charge suitable alternative telephone directories to disabled persons.
(6) Public operators, providing universal service under Art. 96, par. 1, item 1, shall provide users with impaired vision with detailed bills in accessible format.
Article 101. (1) Public operators, providing universal service as specified in Art. 96, par.2 item 2, shall develop evenly and proportionately to the number of inhabitants of the serviced territory a network of public payphones for provision of access to the voice telephone service.
(2) The operators under par.1 shall create the necessary conditions so as to ensure to disabled users appropriate access to voice telephone services, provided through public payphones
(3) The individual licenses of the operators under par.1 shall provide the specific requirements to the quality and the stages of development of the network and services.
Article 102. (1) The Council of Ministers shall adopt methodology containing rules and conditions for determination of the affordability of the price of the universal service. The price of the universal service shall be determined on the base of the methodology.
(2) The Communications Regulation Commission shall develop the methodology specified in paragraph 1 hereinabove following public discussion.
Article 103. Public operators shall communicate to the public information regarding the methods used for calculation of the net lossesand the price of the universal service.
Article 104. In case of sufficient technical capacity (tone dialling and detailed charging) public operators are entitled to offer to the customers an option for monitoring and limitation of use of certain undesired services in order to enable them to control on their own the expenses related to the services.
Article 105. Public operators shall observe the following requirements while providing the service:
1. provision upon customer’s request for connection to a specific termination point of the public fixed telephone network, in accordance with its technical and technological development;
2. possibility for use of cable or wireless technology;
3. provision at affordable prices that users are able to pay;
4. good quality of the service determined by specific requirements in the individual licenses;
5. notifying the Communications Regulation Commission of the performance of the obligation for provision of universal services. The notification shall be made during the first semester of each calendar year and shall contain information regarding the performance of the obligation for provision of universal service for the preceding year – coverage, quality, prices, expenses and income related to the provision of the service.
Article 106. Public operators are entitled to make a motivated refusal for provision of universal service in the following cases:
1. force majeure;
2. other reasons, explicitly provided for in the general conditions for the relations with the users.
Section IV
Compensation of the Net Costs for the Universal Service
Article 107. Public telecommunication operators obligated to provide the universal service shall be compensated for the proven net costs, calculated according to the system and under the conditions, specified in the Art. 108.
Article 108. (1) The Communications Regulation Commission shall determine and publish the rules for calculation of the net costs of the telecommunication operators, which provide universal service and apply for compensation thereof.
(2) The systems under par. 1 shall be approved by the Communications Regulation Commission.
(3) The results of the accounting of expenses shall be audited by an independent auditor.
Article 109. (1) The funds for compensation of the net costs, related to the universal service, shall be collected in a Fund for Guaranteeing the Universal Telecommunication Service.
(2) The Fund shall be a legal person, having its headquarters in Sofia.
(3) The National Audit Office shall exercise control over the activity of the Fund.
(4) The Fund shall be exempt from payment of state and local taxes only on the operations of compensation of the net costs for the universal service. The resources of the Fund shall be deposited in the Bulgarian National Bank.
(5) The Fund shall be transformed, terminated and liquidated by a law.
(6) The Fund shall be governed by a Management Board, comprising of five members, including the Chairman and Vice-chairman, designated as follows:
1. Chairman – by a decision of the Communications Regulation Commission;
2. Deputy-chairman – by a decision of the Communications on Protection of Competition;
3. two representatives of public telecommunication operators, providing access to fixed public telephone network and fixed voice telephone services – for, the respective operators;
4. one member – appointed by the Finance Minister .
(7) The Management Board of the Fund shall report annually to the Communications Regulation Commission, the Commission on the Protection of Competition, the Finance Minister and the Minister of Transport and Communications.
(8) The decisions of the Management Board shall be taken by simple majority.
(9) The Management Board shall develop and adopt the Rules of Procedure for its activity. The Rules shall provide for the composition and the remuneration of the administrative staff of the Fund, as well as the remuneration of the members of the Management Board.
Article 110. (1) The resources of the Fund shall be expended on the compensation of the net losses of the public operators, obligated to provide all or part of the services under Art.96, par.2.
(2) The total amount of the compensations may not exceed the funds, accumulated in the Fund under the terms of this Law. In case the total amount of the compensations owed to all operators, as determined under Art. 111, par 5, exceeds the resources of the Fund, the individual operators shall be compensated proportionately.
(3) The provision of the services for the emergency calls shall not be compensated.
Article 111. (1) The applications for the compensation of the net costs related to the universal service for the preceding calendar year, including evidence for the net costs shall be submitted by the public operators before the Management Board of the Fund within the 7-days from the termination of the audit under Art. 108, par.3, but not later than July, 30 of the current year.
(2) The Management Board shall render a decision on the amount of the requested compensation within one month from the submitting of the application and evidence under par. 1.
(3) The Management Board may require additional information and/or evidence from the applicants within 7 days from the submission of the application pursuant to par.1.
(4) The applicant shall submit the additionally requested information and/or evidence within 7 days from the notification pursuant to par.3.
(5) No later than July 31 of the current year, the Management Board shall render a decision on the total amount of the due compensation to all the operators, that have submitted applications pursuant to par.1.
(6) The decisions under par. 2 and 5 shall be subject to appeal before the Supreme Administrative Court. The decisions shall be subject to immediate enforcement.
Article 112. (1) The resources in the Fund shall be accumulated from all the public operators, providing access to the fixed public telephone network, fixed voice telephone services and access to the voice service, provided through the public payphones and having a market share exceeding 5 per cent from the total turnover of these markets for the previous year.
(2) The operators under an obligation to provide universal service shall not pay contributions to the Fund according to the territorial scope of the obligations for provision of the universal service.
(3) The operators under par.1 shall be determined by the Communications Regulation Commission no later than June 30 of each calendar year after an analysis of the markets for the previous year, applying the rules developed and accepted by the Commission.
(4) The amount of the contributions of the operators under par. 1 may not be higher than 4.5per cent of their annual gross income from the licensed activity, value added tax excluded.
(5) The contributions of the operators shall be determined in proportion to their shares in the turnover of the markets under par. 1 and shall be accounted as expenses inherent to the activities of those operators .
(6) The contributions of each operator shall be determined in the amount pursuant to the decision under Art.111, par.5 and shall be transferred to the fund no later than August, 31 of the current year.
(7) The non-compliance with the term, provided in par.5 shall be deemed essential breach of the license conditions.
Article 113. (1) The compensations for the previous calendar year shall be paid off no later than September 30 of the current year.
(2) The information related to the manner of determination and the amount of the compensation granted to the respective public operator shall be published in State Gazette.
Chapter Seven
ACCESS, INTERCONNECTION AND LEASED LINES
Section I
General Provisions
Article 114. (1) Public operators shall develop their networks in such way as to provide access and possibility for interconnection between their networks.
(2) Operators may request to enter into agreements for provision of access and interconnection in between their networks.
(3) The access to networks and interconnection between them shall be performed on the basis of an agreement.
Article 115. The operators, having access and those, interconnected through their networks shall provide the confidentiality of the messages in the telecommunications.
Section II
Interconnection
Article 116. (1) Public operators of the same category, providing through their networks possibility for both switched and non-switched bearer capabilities shall have the right and obligation to interconnect their networks.
(2) The operators under par.1 are of the following categories:
1. operators, providing telecommunications services through the fixed and/or mobile switched networks that administrate the facilities for access to one or more network termination points of the network, identified by one or more numbers from the National Numbering Plan;
2. operators, providing “leased lines” service to user’s premises .
Article 117. (1) Operator under Art.116 shall be entitled to refuse the interconnection to his/ her network, provided that he/ she offers technical and commercial terms similar to those of requested interconnection, if the requested interconnection is technically impossible and economically unsuitable.
(2) Reasons for the refusal to interconnection under par.1 shall be provided.
Article 118. Public operators, providing voice service through fixed or mobile networks shall be obliged to develop the networks so as the services offered through those networks may be utilised by users of other interconnected networks.
Article 119. (1) Public operators of fixed and mobile networks providing voice service, as well as the “leased line” or “international leased line” service and designated by the Communications Regulation Commission as operators having significant market power may not reject a request for interconnection of the public operators under Art. 116, par. 2.
(2) Operators having significant market power shall provide interconnection under par. 1 observing the following essential requirements:
1. ensuring security of the network operation in the event of force majeure;
2. maintenance of the integrity of the network;
3. ensuring of the interoperability of the services;
4. protection of the personal data.
Article 120. Operators under Art. 119 while interconnecting to other public operators’ networks shall:
1. observe the principle of non-discrimination ;
2. provide access to all necessary information and specifications necessary to establish interconnection upon request from the other operators;
3. keep the commercial secret and use the information provided by the operators only for intended purposes.
Article 121. (1) Operators under Art. 119 shall draft a Reference Interconnection Offer for entering into an interconnection agreement.
(2) The Reference Interconnection Offer under par.1 shall be obligated to provide for the following:
1. description of services on the interconnection for each of the networks, conditions and terms of using thereof;
2. requirements for the quality of interconnection;
3. locations of the points of interconnection, terms and conditions for their opening and closure;
4. conditions for providing of the additional services, related to interconnection;
5. conditions for installing , use and maintenance of the constructions on the interconnection;
6. technical requirements, interfaces and protocols for the interconnection;
7. conditions for testing of the interconnection;
8 administration of the traffic during the interconnection;
9. requirements for numbering, addressing and calling line identification;
10. prices and terms for payment;
11. minimal terms for notification of any amendments, supplements and cancellation of the contract;
12. parts of the contract, containing commercial secret.
(3) The Reference Interconnection Offer shall be subject to a public discussion for a term of not less than 30 days and shall be approved by the Communications Regulation Commission within 45 days from its submission to the Commission.
(4) Operators under par. 1 shall enter into interconnection agreement on the basis of the Reference Interconnection Offer and shall ensure that it is updated and available to the public and shall submit it upon request free of charge.
(5) The Operator may modify the Reference Interconnection Offer using the procedure under par.3.
Article 122. The Communications Regulation Commission may oblige the operators under Art. 119 to modify their Reference Interconnection Offers to the benefit of the consumers with regard to the conditions, designed to ensure the effective competition, technical facilities, conditions related to the price schemes, the provision and use of the service, conforming with certain standards, protection of the environment and maintenance of the quality of services.
Article 123. (1) Operators under Art. 119 shall define the prices for interconnection in compliance with the principles of transparency and non-discrimination.
(2) The prices under par. 1 shall be cost-oriented.
(3) The prices for interconnection shall contain the following elements:
1. initial fee, covering the expenses related to the physical interconnection (equipment, capacities, compatibility test);
2. fees covering the expenses for current maintenance of the equipment and resources ;
3. estimated prices, related to the outgoing traffic in both directions in the interconnected networks, covering the costs for switching and transmission and/or in accordance with a model, provided by the Communications Regulation Commission and in compliance with the established commercial practice;
4. other prices for the technical and additional services as, for example, access to the information services, operator inquiry, collection of data related to charges, etc.
(4) Operators under Art. 119 shall keep separate accounts for the expenses, related to the activities on interconnection and expenses, related to other telecommunication activities.
(5) Operators under Art. 119 shall introduce a system for reporting of the expenses divided into elements, in a manner, allowing for the prices on the interconnection on the basis of the expenses to be detected for any technically possible point of access of interconnection.
(6) The Communications Regulation Commission shall approve a system of reporting of the expenses under par.5. Prior to the approval, the Commission may require an opinion of independent auditor.
(7) The estimated prices of the interconnection under par.2 item 3 hereinabove shall have a non-binding structure, where the operator requesting the interconnection shall be obliged to remunerate solely the service, that was requested to be supplied.
Article 124. The Communications Regulation Commission may request that the operators under Art.119 to submit motivation of the prices on interconnection and if necessary may issue mandatory instructions for compliance with their consideration of expenses.
Article 125. Operators under Art. 116, par.2 and Art. 119 shall submit their interconnection agreements to the Communications Regulation Commission within a 3- week period before they come into effect. The Commission may to the benefit of the consumers oblige the operators to modify the terms of these agreements.
Article 126. The decisions of the Communications Regulation Commission under Art. 122 and 124 shall be immediately enforceable and shall be subject to appeal before the Supreme Administrative Court.
Article 127 (1) In case an operator who has an obligation under this Section fails to perform its obligation with respect to the terms and conditions for interconnection within two months, the affected parties may file a claim before the Communications Regulation Commission. Within two months as of filing of the claim the Commission shall render a decision giving mandatory instructions to the operator on the terms and conditions of interconnection.
(2) The decision under par. 1 shall be immediately enforceable and shall be subject to appeal before the Supreme Administrative Court.
Section III
Special Network Access and Local Loop Unbundling
Article 128. (1) The special network access shall be the access to the points of the network other than its termination points.
(2) The local loop unbundled shall mean the ensuring on part of an operator of a fixed telecommunication network having a significant market power, of full unbundled access to the local loop by other operators or the shared access to the local loop by more operators with a view to providing services to the subscribers.
Article 129 (1) Operators under Art. 119, par. 1 may not reject a reasoned and technically necessary request for special network access .
(2) Operators of the fixed networks, providing fixed voice services and having significant market power, may not reject a motivated and technically necessary request for unbundled access to the local loop .
(3) The requests under par. 1 and 2 may be rejected only where the request is technically impossible or economically unreasonable, or where the essential requirements, specified in Art. 119, par.2 are breached.
(4) The refusal of access shall be motivated.
Article 130. While providing special network access and unbundled access to the local loop , the operators obliged to provide this access shall ensure the shared use of equipment (ducts, towers, etc.) and premises.
Article 131. (1) Operators under Art. 119, par.1 shall determine the prices for the special network access observing the principles of transparency and cost orientation .
(2) The prices of the special network access shall be:
1. initial price, covering the expenses related to the special network access (equipment, capacities, compatibility test);
2. prices covering the expenses for current maintenance of the equipment and resources ;
3. monthly prices, related to the discharge of the traffic;
4. other prices for office and additional services as, for example, access to the information services, operator inquiry.
(3) Operators under par. 1 shall keep separate accounts for the expenses related to the activities on providing special network access and for the expenses related to other telecommunication services.
(4) Operators under par.1 shall introduce a system for accounting the expenses divided into elements, in a manner, allowing the prices for specific network access based on the expenses to be established for any technically available point of access.
(5) The Communications Regulation Commission shall approve a system of reporting the expenses under par. 4. Prior to the approval, the Commission may require an opinion of an independent auditor. In case the system for accounting the expenses under par. 4 does not satisfy the requirement of consideration of the expenses, the Commission shall return it to the operator with binding instructions.
(6) The prices under par. 2, item 3 shall have a non-binding structure, where the operator requesting special network access shall be obligated to pay solely for the service he/ she requested.
Article 132. (1) Operators under Art.129, par.2 shall determine the prices for the unbundled access to the local loop observing the principles of transparency and cost orientation .
(2) The prices for the unbundled access to the local loop shall be:
1. initial price, covering the expenses related to the unbundled access to the local loop (equipment, capacities, compatibility test);
2. prices, covering the expenses for current maintenance of the equipment and capacities;
3. monthly prices, related to the discharge of the traffic;
4. other prices for office and additional services as, for example, access to the information services, operator inquiry, collection of data for charges.
(3) Operators under Art. 129 par. 2 shall keep separate accounting for the expenses connected with the activities related to unbundled access to the local loop and for the expenses related to other telecommunication activities.
(4) Operators under Art. 129, par.2 shall introduce a system for accounting the expenses divided into elements, in a manner, allowing the prices for unbundled access to the local loop based on the expenses to be established for any technically available point of access.
(5) The Communications Regulation Commission shall approve a system of reporting the expenses under par. 4. Prior to the approval, the Commission may require an opinion of an independent auditor. In case the system for accounting the expenses under par. 4 does not satisfy the requirement of cost-orientation, the Commission shall return it to the operator with binding instructions.
(6) The prices under par. 2, item 3 shall have a non-binding structure, where the operator requesting the unbundled access to the local loop shall be obligated to pay solely for the service he requested.
Article 133. (1) The Communications Regulation Commission may request that the operators under Art. 119, par.1 to submit motivation of the prices for special access to network and if necessary it may issue mandatory instructions for compliance with the requirements of cost-orientation.
(2) The Communications Regulation Commission may request that the operators under Art. 129, par.2 to submit motivation of the prices for access to the local loop and if necessary it may issue mandatory instructions for compliance with the requirements of cost-orientation.
Article 134. Operators under Art. 119, par.1 shall enter into an agreement for specific access to the network.
Article 135. (1) Operators, under Art. 129, par.2 shall draft, publish and maintain a Reference Offer for Entering into an Agreement for Unbundled Access to the Local Loop .
(2) The Reference Offer for entering into agreement under par. 1 shall provide for the following at minimum:
1. methods for the provision of services (privately or jointly used access to the local loop);
2. conditions for providing, use and termination of access;
3. obtaining of information from the supplier of the access regarding the location of the physical access;
4. technical requirements and specifications of the lines for the unbundled access to the local loop ;
5. testing;
6. protection from disturbances;
7. prices and terms of payment;
8. modifications of the mode of access;
9. minimal duration of the agreement;
10. minimal terms for notification about the amendments, supplements and cancellation of the agreement;
11. parts of the agreement, containing commercial secret.
(3) The Reference Offer under par. 1 shall be approved by the Communications Regulation Commission prior to the publication thereof.
(4) The operator under par. 1 shall provide the Reference Offer free of charge upon request.
Article 136. The Communications Regulation Commission may obligate the operators under Art. 129, par.2 to modify their Reference Offers to the benefit of the consumers with regard to the conditions designated to ensure the effective competition, technical facilities, conditions related to the tariffs, the provision and use of the service, compliance with specified standards, protection of the environment and maintenance of the quality of services.
Article 137. The operators under Art.129, par. 1 and par. 2 shall submit the agreements for access to the Communications Regulation Commission within 3 weeks prior to their entering into effect. The Commission may, to the benefit of the consumers, obligate the operators to modify the terms of these agreements.
Article 138. The decisions of the Communications Regulation Commission under Art. 136 and 137 shall be subject to appeal before the Supreme Administrative Court.
Article 139. (1) In case an operator having an obligation under this Section fails to perform its obligation with respect to the terms and conditions for the provision of special network access or unbundled access to the local loop within 2 months the affected parties may submit a claim before the Communications Regulation Commission. Within two weeks as of submission of the claim the Communications Regulation Commission shall render a decision giving mandatory instructions to the operator on the terms and conditions for provision of special network access and unbundled access to the local loop.
(2) The decision under par. 1 shall be immediately enforceable and shall be subject to appeal before the Supreme Administrative Court.
Section IV
Leased Lines
Article 140. The telecommunication operators shall provide the “leased lines” service observing the principles of impartiality and transparency.
Article 141. (1) Any person may request the “leased line” service.
(2) The “leased line” service shall be provided and resold by licensed public operators.
Article 142. Public operators, having significant market power shall provide the service in compliance with the following principles:
1. publicly known and objective terms of access and use of the service;
2. the non-discriminatory treatment of the consumers, except for the events of provision of the service for the needs of government, defence and security of the country;
3. guarantee of the confidentiality of telecommunications and safeguarding the privacy of the consumers’ personal data;
4. objective and publicly available prices, conformed with the costs for the provision of the service, equal for the same technical specifications and line specifications.
Article 143. (1) Public operators shall provide the service under the terms and conditions provided for in an Ordinance drafted by the Communications Regulation Commission and adopted by the Council of Ministers.
(2) The Ordinance under par. 1 shall determine a minimum set of leased line types with harmonised technical characteristics, which the public operators with significant market power shall be obligated to provide to their customers.
(3) Public operators, having significant market power shall draft and submit for approval before the Communications Regulation Commission a Reference Offer for Entering into Agreement for Leased Lines Provision.
(4) The Reference Offer under par. 3 shall include at least the following :
1. technical requirements ;
2. quality specifications;
3. conditions for maintenance and repair of the equipment;
4. prices and procedure of payment of the service;
5. conditions for connection of appliances and terminal devices to the leased lines.
(5) The operators shall publish the Reference Offer.
(6) The prices of the leased lines from the minimum set shall be cost-oriented.
(7) The operators under par.1 shall enter into agreements for provision of leased lines on the basis of the Reference Offer. They shall update the Reference Offer and shall ensure its availability to the public and shall provide it free of charge upon request.
Article 144. (1) The public operators having significant market power shall lease the lines under the following essential requirements :
1. guaranteeing the safety of the operation of the network in crisis of non-military character;
2. providing the integrity of the network;
3. ensuring interoperability of services;
4. data protection.
(2) Operators with significant market power may refuse to lease a line only if a danger exists that the essential requirements under par. 1 may be violated.
(3) The refusal under par.2 shall be reasoned in writing.
(4) The operators with significant market power may impose temporary restrictions on the provision of leased lines when:
1. terminal devices linked to a leased line do not correspond to substantial requirements under the Law on the Technical Requirements to Products;
2. maintenance and development operations are performed on the network.
(5) If the operators impose temporary restrictions they shall inform the consumers in an appropriate way in the shortest term possible.
(6) In cases of par. 4, item 1, the operator may suspend the provision of leased line until the terminal device is disconnected.
Article 145. (1) In case an operator having an obligation under this Section fails to perform its obligation with respect to the terms and conditions for the provision of leased lines within 2 months, the affected parties may submit a claim before the Communications Regulation Commission . Within two weeks as of submission of the claim the Communications Regulation Commission shall render a decision giving mandatory instructions to the operator on the terms and conditions for provision of a leased line.
(2) The decision under par 1 shall be immediately enforceable and shall be subject to appeal before the Supreme Administrative Court.
Article 146. The operators having significant market power shall provide leased lines with priority for the needs of the state defence and security. In case of lack of technical capacity the operators shall immediately inform the competent state defence and security authorities.
Article 147. (1) The operators having significant market power may provide leased lines outside the range of the minimal set subject to contracting with the consumers, under the conditions of publicity of the technical specifications.
(2) The agreements for the provision of leased lines under par. 1, including agreed prices shall be submitted for information to the Communications Regulation Commission.
Article 148. (1) The Communications Regulation Commission shall periodically, but at least once a year, conduct and publish a research of the market of leased lines and the market needs for types of lines not included in the minimal set of leased lines.
(2) On the basis of the research under par. 1 and after consulting the operators, the Communications Regulation Commission shall publish lists of leased line types to be included in the minimal set and the term within which to be included.
Chapter Eight
PROTECTION OF THE USERS’ INTERESTS
Article 149. (1) Public telecommunication operators shall provide telecommunication services to consumers under equal conditions, without giving priority to individual users or groups thereof with respect to one and the same service, according to the type of the technology used, the categories of subscribers and the volume of the traffic
(2) The operators under par. 1 shall draft general terms and conditions for their relations with the users, when execution of individual agreements only with the latter is practically not feasible.
(3) In the event that the service is provided on the basis of an individual agreement, the principle of equal treatment under par. 1 shall be obligatorily applied, and the agreement shall obligatorily contain the items required under Art. 151.
Article 150. The general terms and conditions shall represent an inseparable part of the individual agreements between them.
Article 151. The general terms and conditions shall obligatorily provide for the following:
1 identification details of the operator (company name according to the latest court registration, number/date of issuance of the individual license, seat and registered address);
2. description of the services, quality of servicing, and in particular quality of transmission, term for activation of the services.
3. structure of prices, methods and terms of payment,
4. main rights and obligations of the operator and the subscribers;
5. conditions for termination and prolongation of the individual contract;
6. obligation of the operator :
a). to provide a prior written notification regarding any interruptions and impairment of the services during regular maintenance and repair of the equipment, the network or development of the network; the notification shall also contain information regarding the duration of interruption or the impairment of the quality of the system;
b) to notify the subscriber in advance when requiring access to the subscriber’s premises;
c) to announce in public its address and/or telephone number for notification of damages and information to the users;
7. procedure for review and decision on claims, requests and proposals of users;
8. liability, compensations and indemnification in case of non-performance of the general conditions;
9. procedure and conditions for suspension of the service in case of unpaid amounts or in case of violation of the contractual provisions on the part of the users, related to the use of the service;
Article 152. (1) Public telecommunication operators shall submit the general terms and conditions to the Communications Regulation Commission for approval.
(2) If the general terms and conditions do not meet the requirements of the license, within 14 days of the submission thereof the Commission shall notify the operators under par. 1, giving obligatory instructions and a term for correction of the discrepancies.
(3) Upon correction of the discrepancies, the operators under par. 1 shall submit anew the general terms and conditions to the Commission.
(4) The Communications Regulation Commission shall coordinate the general terms and conditions within 14 days as of the date of their first or second submission.
(5) Within 7 days after the approval of the general terms and conditions, the operators shall publish such general terms and conditions in the manner determined by the Communications Regulation Commission.
Article 153. (1) Any amendments of approved general terms and conditions shall be made under the procedure provided for in Art. 152.
(2) The general terms and conditions may be amended upon the motion of the Communications Regulation Commission, the operator or the users.
(3) In the cases provided for in par. 2, the telecommunication operator shall communicate the amended general terms and conditions to the public in accordance with Art. 152 par. 5.
Article 154. (1) The Communications Regulation Commission may develop and adopt standard general terms and conditions regarding the relations between the operators and the users, which shall be published on its Internet web-site.
(2) In the cases of par. 1 the operators shall develop their general terms and conditions in accordance with the standard ones and shall present the drafts to the Commission.
Article 155. The Communications Regulation Commission shall send the approved general terms and conditions to the Consumer Protection Commission for information.
Chapter Nine
NUMBERS, ADDRESSES AND NAMES IN TELECOMMUNICATIONS
Article 156. The National Numbering Plan is the allocation of the telephone numbers used in the public telecommunications networks for identification, routing and charging.
Article 157. (1) The National Numbering Plan shall be developed by the Communications Regulation Commission in compliance with the principles of impartiality, proportionality, transparency and promptness, and taking into account national and public interests.
(2) In the process of elaboration of the Plan under par.1, the international recommendations, standards, specifications and agreements shall be applied and efficient use of the numbering space shall be secured.
(3) The National Numbering Plan shall be published in State Gazette.
Article 158. The principles, rules and procedures for the allocation and use of numbers, addresses and names shall be provided for in an Ordinance of the Minister of Transport and Communication.
Article 159. Public operators, using numbers from the National Numbering Plan, shall ensure to their subscribers the possibility to keep their numbers upon the change of address or/ and the change of the operator with another, providing the same kind of service.
Article 160. The Communications Regulation Commission is entitled not to impose in the issued licenses the obligation, specified in the Art. 159 or to limit it to one settlement, where it shall not adversely affect the competition on the relevant markets, the interests of the consumers and is technically inapplicable.
Article 161. The operators with significant market power in the market of fixed telephone services shall ensure that all users have the possibility to choose the carrier for local and international calls:
1. carrier selection (on a call-by-call basis);
2. carrier pre-selection.
Chapter Ten
RADIO FREQUENCY SPECTRUM AND POSITIONS OF THE GEO-STATIONARY ORBIT
Article 162. The efficient and undisturbed use of the radio-frequency spectrum shall be provided in compliance with international agreements to which the Republic of Bulgaria is a state-party and shall be implemented through the state policy for planning and allocation of the radio-frequency spectrum, the National Plan on the Allocation of the Radio-frequency Spectrum and the principles for the management and allocation of the radio-frequency spectrum for civil needs.
Article 163. The radio frequency spectrum shall be allocated into radio-frequencies and radio-frequency bands upon radio-services and state authorities and departments, which shall use them according to the National Plan for Allocation of the Radio-frequency Spectrum into Radio Frequencies and Radio-frequency Bands for Civil Purposes, for Purposes of the Defence and National Security, as well as for their Shared Use.
Article 164. The geo-stationary orbit positions for the Republic of Bulgaria shall be determined by international agreements.
Article 165. The radio frequency spectrum shall be divided into radio frequencies and radio-frequency bands of 9 kHz to 1000 GHz.
Article 166. The allocation of radio-frequency spectrum and the geo-stationary orbit positions shall be made in accordance with the principles of effective and undisturbed use of the radio frequency spectrum, in consideration of interest of the national defence and state security and the public interest.
Article 167. (1) The geo-stationary orbit positions and radio-frequencies and radio-frequency bands allocated for civil use shall be used upon assignment by the Communications Regulation Commission in accordance with the procedure of this Law.
(2) Radio-frequencies and radio-frequency bands allocated for civil use in the radio-frequency bands for shared use shall be used after assignment by the Commission in accordance with the procedure provided for in Art.31, par.1, item 3.
(3) Radio-frequencies and radio-frequency bands allocated exclusively for the purposes of defence and national security by the National Plan for Allocation of the of the Radio-frequency spectrum shall be used without any explicit permission, except for the cases under Art. 14.
Article 168. The Communications Regulation Commission shall exercise control with respect to the effective and undisturbed use of:
1. radio-frequencies and radio-frequency bands allocated for civil use;
2. radio-frequencies and radio-frequency bands allocated for civil use in the radio-frequency bands for shared use.
Article 169. For the purposes of safe air traffic and maritime shipping and in view of protection of the national security and defence, the use of radio-frequencies and radio channels shall be allocated after national and international coordination.
Chapter Eleven
BUILDING AND USING A TELECOMMUNICATION INFRASTRUCTURE
Section I
Building a Telecommunication Infrastructure
Article 170. (1) The telecommunication infrastructure shall be built under the procedures provided for by this Law, the Law on Territorial Structure and in compliance with the requirements of technical laws and regulations on construction and the rules of supervising and accepting building and assembly works.
(2) The rules on building telecommunication networks and facilities, including the safety requirements, are governed by an ordinance issued by the Minister of Transport and Communications and the Minister of Regional Development and Public Works.
(3) When building telecommunication networks and facilities, operators shall undertake measures to protect the environment, to avoid or limit damages and not allow difficulties in the use of property according to their designation in the course of works.
(4) After completion of the activities under par. 3, operators shall repair at their cost any damages caused.
Article 171. (1) The operators shall draw and maintain specialised maps, registers and where it possible, information systems for the telecommunication infrastructure built by them.
(2) Copies of the specialised maps and data from the registers and the information systems under par. 1 shall be submitted to the Cadastre Agency.
(3) The content of the specialised maps and registers and the terms and procedure of their creation and maintenance, shall be defined by an Regulation issued by the Minister of Transport and Communications and the Minister of Regional Development and Public Works.
Article 172. Building designs shall provide for the construction of cable ducts providing access to telecommunication networks, which are constructed simultaneously with the building.
Section II
Coordinating the Performance of Building Works
Article 173. (1) Any person undertaking construction works on land property – public state or municipal property, shall request in advance from the respective cadastre authorities information in writing on the location of telecommunication networks and facilities in the area of the works, and shall specify with the operators who own them the method for their protection. The information so requested shall be submitted within 14 days.
(2) The procedure under par. 1 shall not apply to emergency works for the elimination of consequences from accidents or natural disasters. In such cases the performer shall immediately notify the respective operators.
(3) In cases when, in view of the forthcoming works, telecommunication networks and equipment have to be shifted, the persons under par. 1 shall negotiate the shifting with the telecommunication operators prior to the execution of construction works. The shifting shall be performed under the procedure of the Law on Territorial Structure.
Article 174. (1) Upon issue of construction permits, if the construction is performed on land property under Art. 173, par. 1, with already installed telecommunication networks and facilities, the respective competent authorities shall take into consideration their location and technical parameters.
(2) If as a result of a consequent construction, part of a public telecommunication line needs to be equipped with protection devices, the costs of this protection shall be born by the owner (user) of the property.
Article 175. (1) When a person, in whose regulated private land property public telecommunication networks or facilities are built, wishes to carry out restructuring or new construction, that person shall inform the telecommunication operator in writing, if a shifting of the facilities becomes necessary. The telecommunication operator shall shift the facilities at the operator’s own expense in time-limits and mode agreed upon with the person.
Section III
Right-of-way
Article 176. (1) When necessary to build new and/or to develop existing public telecommunication networks and facilities in land property of state or municipal ownership, an operator, who performs telecommunications through a telecommunication network, shall have the right-of-way, where the competent state or municipal authorities shall determine by way of permission the specific conditions for exercising that right.
(2) When necessary to build new and/or develop existing telecommunication networks and facilities on private land property, the operator under par. 1 shall have the right-of-way, where the conditions for the realisation of this right-of-way through the property shall be negotiated with the its owner.
(3) Operator under par. 1 shall indemnify the owner for all damage caused to his/ her property in connection with the works performed by the operator, and shall restore at his own expense the state of the property according to its function and normal use.
(4) If the parties fail to reach agreement upon the right-of-way under par. 2, the dispute may be referred to the court for resolution.
Article 177. (1) Persons authorised by the telecommunication operators shall have the right to perform activities, related to the use and maintenance of the telecommunication networks and devices in the estates where these telecommunication networks are located.
(2) The persons under par. 1 shall inform the owners and the users of the estate under par. 1 at least 24 hours in advance of the activities on the use and maintenance of the telecommunications networks and equipment in these estates.
(3) The operators shall restore at their expenses the condition of the estate in accordance with its designation or its usual use with respect to the activities under par. 1, and if this is impossible, they shall indemnify the owner for all damages caused to the property.
Section IV
Right to Use Publicly Owned Technical Infrastructure
Article 178. (1) Public telecommunication operators shall be entitled to use the existing technical infrastructure of public state or municipal ownership: roads, bridges, tunnels, streets, sidewalks and others with their easement lanes for building, expanding and exploiting the telecommunication networks and facilities, in accordance with the prognosis of the town planning schemes, in the existence of technical and physical possibility and after receiving permission from the authorities which manage them, by securing technical safety and taking measures to avoid damages.
(2) If following the construction of telecommunication networks and facilities, it is established that they impede the extension of elements of the existing technical infrastructure, the respective owner or user shall inform the public telecommunication operators, who must shift at their expense the telecommunication networks and facilities.
(3) When a given sector of the technical infrastructure loses its significance as an element of this infrastructure, the operator shall forfeit the respective right of use.
Article 179. Ground and underground telecommunication networks and facilities built by public operators, which they need for performance of their activity, shall be their property.
Article 180. The procedure under which public telecommunication operators perform their activities under Art. 178, par. 1, shall be specified in a joint Ordinance of the Minister of Transport and Communications and the Minister of Regional Development and Public Works.
Section V
Shared use of Telecommunication Facilities and Premises (Co-location)
Article 181. (1) A public operator may request the shared use of facilities (ducts, towers etc.) and premises of another operator of public network. The terms and conditions for shared use shall be agreed upon between the operators.
(2) Public operators having significant power on the respective market, as well as public operators having an obligation set forth in the license for provision of devices and premises for shared use, may not refuse a request for shared use, if it is technically and physically feasible.
(3) Reasons for any refusal of shared use under par. 2 shall be provided.
Article 182. (1) Operators under Art. 181, par. (2), when negotiating the shared use of facilities and premises, shall observe the following principles:
1. equality of operators and transparency in the negotiations;
2. publicly available terms and conditions for the conclusion of an agreement for shared use.
(2) When determining the prices for shared use, the operators under par. 1 shall comply with the principle of cost orientation, as they shall also take into consideration the following elements:
1. initial price, covering the expenses for the physical performance of the shared use;
2. prices, covering the expenses for the current maintenance of the devices and premises.
Article 183. (1) The operators under Art. 181, par. 2 shall draft terms and conditions for execution of an agreement for shared use.
(2) The terms and conditions under par. 1 shall obligatorily include the following:
1. description of the particular devices and premises for shared use, and time periods and conditions for provision thereof;
2. terms on assembling, use and maintenance of the devices and premises;
3. technical requirements;
4. prices and methods of payment;
5. minimum notice periods for amendment, supplement or termination of the agreement.
(3) The terms and conditions under par. 1 shall be approved by the Communications Regulation Commission within 45 days as of their filing with the Commission.
(4) The operators under par. 1 shall enter into agreements for shared use on the basis of the terms and conditions under par. 1, they shall ensure that these agreements are up to date and accessible to the public, and shall provide them upon request free of charge.
(5) The operators shall amend the terms and conditions under par. 1 following the procedure of par. 3.
Article 184. The Communications Regulation Commission may put the operators under Article 181, par. 2 under an obligation to amend their framework terms and conditions in the interest of users with respect to the technical conditions, compliance with specific standards, environmental protection, protection of human life and public health.
Article 185. (1) Upon failure on part of an operator under Article 181, par. 2 to perform its obligation with respect to the terms and conditions for the provision of devices and premises for shared use within 2 months, the affected persons may file a claim before the Communications Regulation Commission. Within a 2-month period as of filing the request, the Commission shall render a decision giving mandatory instructions to the operator for provision of devices and premises for shared use.
(2) The decision under par. 1 shall be immediately enforceable and shall be subject to appeal before the Supreme Administrative Court.
Chapter Twelve
SECURING TELECOMMUNICATIONS IN THE EVENT OF CRISES OF NON-MILITARY CHARACTER AND IN THE EVENT OF INTRODUCTION OF A STATE OF MARTIAL LAW, OR A STATE OF WAR, OR OTHER STATE OF EMERGENCY
Article 186. The conditions and procedure for using telecommunication networks in the event of crises of non-military character and in the event of introduction of a state of martial law, or a state of war, or a state of emergency under Art. 60a of the Law on Defence and Military Forces of the Republic of Bulgaria, shall be defined by the Minister of Transport and Communications in coordination with the respective competent authorities.
Article 187. (1) Telecommunication operators shall render assistance in securing telecommunications in the event of crises of non-military character and in the event of introduction of a state of martial law or state of war, or state of emergency under Art. 60a of the Law on Defence and Military Forces of the Republic of Bulgaria.
(2) The obligations, requirements and restrictions related to the national defence and the state security shall be defined by the individual and class licenses issued.
Article 188. In the event of declaration in the country of a state of martial law, or a state of war, the Minister of Transport and Communications, at the proposal of the competent authority, may require that the Communications Regulation Commission terminates the validity of the individual licenses issued, as well as ban the use of radio-equipment and of the radio-frequency spectrum for civil needs.
Article 189. (1) The Bulgarian Telecommunication Company shall use, innovate and maintain telecommunication facilities with defence functions and installed war-time capacities, which are part of the national defence and security, in readiness to secure in the event of crises of non-military character and in the event of introduction of a state of martial law or state of war, or state of emergency under Art. 60a of the Law on Defence and Military Forces of the Republic of Bulgaria.
(2) Telecommunication facilities under par.1, as well as the land on which they are built, may be subject to expropriation, liquidation, lease or imposition of liens only upon a decree of the Council of Ministers.
(3) Telecommunication facilities under par. 1 and the war-time capacities installed may be used also in time of peace for civil needs on terms and conditions, established by the Council of Ministers.
(4) The funds for building, maintaining, reconstructing and innovating the facilities and capacities under par. 1 shall be provided from the state budget, by the Bulgarian Telecommunication Company and from other sources under the procedure and terms defined by the Council of Ministers.
Chapter Thirteen
ENSURING CONDITIONS FOR THE INTERCEPTION OF
TELECOMMUNICATIONS RELATED TO THE NATIONAL SECURITY
AND THE PUBLIC ORDER
Article 190. Public operators shall provide for possibility of interception of telecommunications in real time, the possibility of uninterrupted monitoring, as well as real time access to data related to a specific call. In the event that these data can not be supplied in real time, they shall be placed at the disposal of a specialised unit under Art. 122 of the Law on the Ministry of Interior, in the shortest possible term after the end of the conversation.
Article 191. (1) Public operators shall, at their expense, provide one or several intercepting interfaces from which the intercepted telecommunications may be transferred to the devices of the specialised unit under Art. 122 of the Law on the Ministry of Interior.
(2) The specialised unit under Art. 122 of the Law on the Ministry of Interior and the public operators shall coordinate the requirements to the intercepting interfaces and other related matters under the terms and conditions defined in a Ordinance of the Minister of the Interior. The coordinated requirements shall be submitted to the Communications Regulation Commission for the inclusion in the license of the respective operator.
Article 192. Public operators shall submit data related to the call and the content of this call in a manner, allowing the establishing of accurate correspondence between the call data and the content of the call.
Article 193. In the event that public operators undertake coding, compression or encryption of the intercepted telecommunications, they shall submit them to the specialised unit under Art. 122 of the Law on the Ministry of Interior in their original form.
Article 194. Public operators shall provide the possibility for transmission of the intercepted telecommunications to the devices of the specialised unit under Art. 122 of the Law on the Ministry of Interior, through fixed or switched lines.
Article 195. Interception shall be realised in a way, which excludes the possibility for illegal interference, and ensures the protection of the information related to the interception. The intercepted telecommunications shall be received only by the specialised unit under Art. 122 of the Law on the Ministry of Interior.
Article 196. Prior to the effecting of interception on the basis of a legal ground, the specialised unit under Art. 122 of the Law on the Ministry of Interior shall request from the public telecommunication operators to provide:
1. data for specifying the subscriber’s identity, number or other identification sign of the telecommunication service;
2. information on the service and the characteristics of the telecommunication system used by the object of interception and made available by the telecommunication operators;
3. information on the technical parameters of the transfer to the apparatus of the specialised unit under Art. 122 of the Law on the Ministry of Interior.
Chapter Fourteen
CONFIDENTIALITY OF MESSAGES AND PROTECTION
OF PERSONAL DATA FOR THE PURPOSES OF TELECOMMUNICATIONS
Section I
Confidentiality of Messages
Article 197. (1) Public operators shall be obligated to guarantee the privacy of communications.
(2) Operators under par. 1 shall be obligated not to reveal the information or data that has become known to them in the course of providing of the telecommunication service.
(3) Where the content of a message or other personal data is disclosed to the operator under par. 1 in the course of providing of the service, he shall be obliged not to spread those.
Article 198. The obligations under Art. 197 shall apply also to the employees of the operator, having access to such information, or who could obtain access to it. These persons are criminally liable in the event of breach of their obligations.
Article 199. The privacy of communications comprises the content of the service, including the persons who have participated and those who took part in the attempt to establish connection.
Article 200. (1) The public operator shall undertake technical and organisational measures to ensure the privacy of communications, as well as to eliminate the unauthorised interference with them.
(2) The tracing, recording and keeping of messages, designated to other persons shall be prohibited. The content of such messages shall not be disclosed to third persons even where the acceptance has been incidental.
(3) The provision of par. 2 hereinabove is not applicable in the cases provided under Chapter Thirteen.
Section II
Personal Data Protection
Article 201. (1) Public operators may collect, process and use personal data of natural persons and individual information on legal entities, where such data is designated for the provision of a public telecommunication service.
(2) The data under par. 1 shall comprise the personal data of natural persons, as provided in the Law on Protection of Personal Data, individual data of legal entities, as well as information directly related to the provision of telecommunication services, as follows:
1. data necessary for the provision of telecommunication services – traffic data:
a) the number of the calling subscriber or user and the number of the called subscriber or user, identification number of the respective terminal device of the calling party and the called party, the access code, the card number in the event that electronic prepaid cards are used, the location of mobile subscriber or user, when mobile terminal devices are used;
b) beginning and end of the call, specified by date and hour, with accuracy up to second, if technically possible and/or volume of the transferred data, when this is necessary for the determination of the fee due;
c) the type of telecommunication service used by the user;
d) the termination points of the fixed lines and beginning and end of their use, specified by date and hour with accuracy up to second, if technically possible;
e) other data necessary for establishment and maintenance of the call;
f) data for billing purposes and price formation, such as zones, type of connection, duration of use.
2. data, necessary for the payment of provided telecommunication services and for the formation of subscriber’s bills, as well as for proving of their reliability, inclusive the data under item. 1, as well as the following data:
a) data on the subscriber – name and address of the subscriber;
b) type of the line used or of the telecommunication service;
c) total number of units, charged for the period of drawing the bill under a regular account;
d) volume of data transferred;
e) total amount due for the respective period;
f) information related to the option for payment chosen by the subscriber and the effected and due payments;
g) information on changes in the use of the service – ban on use, restoration after ban.
Article 202. Public operators shall not put the provision of telecommunication services under the condition of submission of data, which is not required, for any of the services provided or depending on the consent of a user or subscriber that his data is used for other purposes.
Article 203. (1) A public operator who has collected and processed traffic data for the purposes of a given call, shall be obliged, after termination of the call or connection, to delete this data or make it anonymous, unless it is directly necessary for the realisation of a new call.
(2) A public operator may store the data for the formation of subscriber accounts after termination of the call or connection until the termination of the period during which the data from the charging may be required, disputed or payment may be effected, provided that prior to the storage the operator deletes the last three digits of the caller’s number and the called number,.
(3) A public telecommunication operator may use the data under par. 2 to study the extent to which the provided telecommunication services satisfy the needs of the market, only upon the personal written consent of the subscriber. The data for the subscriber called must be de-personified.
Article 204. (1) Processing of traffic data and charging data shall be carried out by persons who are in charge of the administration of traffic data and data of charging, customers inquiries, the ascertaining of improper use and marketing of telecommunication services, and who are under the direct management of the public telecommunication operator.
(2) The persons under par. 1 shall have access only to data necessary for the respective activity.
Article 205. Public operators shall submit to the Communications Regulation Commission and to the competent authorities all traffic data requested from them in connection to the resolution of disputes.
Article 206. (1) Upon subscriber’s request the traffic data collected and processed by the public telecommunication operator shall:
1. be stored in its full volume, or
2. be entirely deleted not later than the moment of distribution of bills.
(2) When data is abridged under Art. 203, par. 2, or deleted, the public telecommunication operator shall not have the duty to submit this data as evidence in the case of disputing the bill.
Article 207. Public operators may collect, process and use personal and individual data for the purposes of technical maintenance, including the detection and elimination of defects, improper use of equipment, disturbing calls and evaluation of the quality of services provided, as follows:
1. subscribers or users data and/or traffic data and/or data about the calls for detecting, localising and eliminating defects and errors in telecommunication networks;
2. subscribers or users data, and the data for calls for the purpose of detecting and terminating unauthorised use of public telecommunication networks and equipment, when there exist grounds to consider that such actions are being performed and this has been claimed in writing by the affected party or a competent authority;
3. data on calls aimed at detecting and tracing of disturbing calls, upon the claim on the part of the affected subscriber towards the operator to take action.
Article 208. (1) Public operators shall in due time inform the Communications Regulation Commission when collecting and processing data under the procedure of Art. 207.
(2) When collecting data under the procedure of Art. 207, public operators shall inform the persons, subject to these activities in the shortest possible time, unless this will prevent the achievement of the purposes specified in Art. 207.
Article 209. (1) Public operators of mobile or fixed telephone networks shall be obliged to provide the functions of “caller’s line identification” and “connected line identification” when technical capacity for this is available.
(2) When technical capacity for the provision of the service under par. 1 is not available, the Communications Regulation Commission jointly with the telecommunication operator shall establish the procedure and term for the introduction of these functions.
(3) Public operators granting the “caller’s line identification” function shall provide the subscribers and the users free of charge with the opportunity to perform by generally accessible means from their terminal devices:
1. activation/deactivation of the function for each call;
2. activation/deactivation of the function for the respective line.
(4) When providing services for the realisation of emergency calls, public telecommunication operators must guarantee that the “caller’s line identification” service can not be deactivated neither for each separate call, nor for the respective line.
(5) The procedure and conditions for granting and using of the functions of “call line identification” and “connected line identification” shall be defined in a Ordinance, issued by the Minister of Transport and Communications.
Article 210. (1) Public operators, drafting and publishing telephone directories in printed or electronic form, shall free of charge include in the directories the name, address and telephone number of the subscriber. The telephone directory may also include additional data insofar as the subscriber requested.
(2) Public operators, publishing telephone directories in electronic form used also through Internet or another network, shall ensure access to the respective telephone number only provided that a minimum volume of data has been introduced fully and accurately. The access to data only through an entered telephone number shall be prohibited.
(3) The subscriber shall be entitled to refuse the entering of part or of all data into the telephone directory.
(4) The subscriber shall be entitled to request the entire or partial deletion, or change in subscriber’s data in the telephone directory. The data shall be deleted or changed when a new or a revised telephone directory is issued.
(5) The subscriber shall be entitled to request that additional information is included in the telephone directory concerning other people using jointly the line, provided that their written approval is given in advance.
(6) The procedure and conditions of issuing of the telephone directories, including operation with the database, their transfer and utilisation, shall be defined in a Ordinance, issued by the Minister of Transport and Communications.
Article 211. (1) Public operators having the obligation to provide information services, shall provide such services by means of printed or electronic telephone directory.
(2) The operator under par. 1 shall be obliged to ensure information on the respective telephone number only provided that a minimum volume of data has been submitted fully and accurately. The access to data only through the information on telephone number shall be prohibited.
(3) The procedure and conditions for providing information services shall be governed in a Regulation, issued by the Minister of Transport and Communication.
Article 212. For all the matters unregulated herein the provisions of the Law on Protection of Personal Data shall respectively apply.
Chapter Fifteen
RADIO-EQUIPMENT AND TERMINAL TELECOMMUNICATION
EQUIPMENT
Article 213. The placing on the market of radio-equipment and terminal telecommunication equipment with evaluated compatibility shall be free.
Article 211. (1) A person who places on the market radio-equipment that may not be put into service on the territory of the Republic of Bulgaria, or its putting into service is conditioned on the issuance of an individual license or on the registration under a class license, shall notify the National Radio Frequency Spectrum Council and the Communications Regulation Commission, at least four weeks prior to releasing it on the market.
(2) The notification under par. 1 shall contain:
1. the name and address of the person placing the radio-equipment on the market;
2. data on the technical parameters of the radio-equipment;
3. the identification number of the person, assessing the conformity of the radio-equipment with the essential requirements under the procedure provided for by the Law on Technical Requirements for Products;
4. date and signature.
Article 215. (1) Putting into service of the radio-equipment may only be restricted for the following reasons:
a) effective and undisturbed use of the radio-frequency spectrum allocated in accordance with the National Plan for Allocation of Radio-frequencies Spectrum;
b) protection of human life and health;
c) reasons related to national security and the state defence.
(2) The Communications Regulation Commission in coordination with the National Radio Frequency Spectrum Council shall prepare a list of radio-equipment, whose putting into service is restricted; such list shall be adopted by a decision of the Council of Ministers. The decision shall be promulgated in State Gazette.
(3) The list under par. 2 shall comprise radio-equipment which may not be put into service, or which putting into service is conditioned on the issuance of individual license or on the registration under a class license.
(4) The specific identification marking of radio-equipment the putting into service of which is restricted, shall be introduced by a Ordinance of the Council of Ministers, at the proposal of the Communications Regulation Commission.
Article 216. (1) Public telecommunications operators performing telecommunications through telecommunication networks may not refuse connection of the terminal telecommunication equipment to the respective interfaces for technical considerations, where the former have been assessed for conformity under the procedure of the Law on Technical Requirements for Products.
(2) When terminal telecommunication equipment, which have been assessed for conformity with the essential requirements, cause serious damage to the network, generate harmful interference, harm the network or its functioning, or are not used in accordance with their intended use, the network operator shall be authorised to refuse connection, to disconnect them or withdraw them from service, after performing all the necessary technical examinations. In that case the operator shall immediately inform the Communications Regulation Commission and the State Standardisation and Metrology Agency.
(3) In cases of emergency the operators may disconnect a given terminal telecommunication equipment, if the protection of the network requires it to be immediately disconnected and if an alternative solution for connection to the network can be immediately and free of charge proposed to the user.
(4) In the cases under par. 3 the operators shall immediately notify the Communications Regulation Commission.
Article 217. (1) Public telecommunications operators establishing telecommunications through telecommunication networks, prior to offering their services, shall publish technical specifications of the interfaces for the connection of terminal telecommunication equipment to their networks, and shall periodically update them.
(2) The technical specifications under par. 1 shall allow the design of terminal telecommunication equipment capable of using all services provided through the respective interface. They shall comprise all the necessary data enabling the manufacturers to perform, at their discretion, tests on the applicable essential requirements to the terminal telecommunication equipment.
(3) Public telecommunications operators establishing telecommunications through telecommunication networks shall send to the Communications Regulation Commission information concerning the technical specifications of interfaces under par. 1, in volume and format as determined by the Commission.
(4) Communications Regulation Commission shall exercise control on the performance of operators’ duties under par. 1, maintain a database on the technical specifications of interfaces, and ensure the publication of information on them in the web-site of the Communications Regulation Commission and the Ministry of Transport and Communications.
Article 218. (1) Radio-equipment and terminal telecommunication equipment, including equipment for encryption of telecommunication messages shall be imported, distributed and used subject to permission by the Minister of the Interior.
(2) The conditions and procedure of issuing permits under par. 1 shall be specified in a Ordinanceof the Council of Ministers, at the proposal of the Minister of the Interior.
Chapter Sixteen
PRICES AND FEES
Section I
Prices
Article 219. (1) Public operators shall determine the prices of the services provided by them in conformity with the requirements of this Law.
(2) The prices shall be published by the operators as specified in their licenses.
Article 220. (1) The prices of telecommunication services shall be determined by public operators according to supply and demand thereof, providing equal treatment to all users, considering the type of used technology, the category of subscribers and the volume of traffic.
(2) Public operators can determine price packages for services, provided that the rights of users to use services outside the price package are ensured.
(3) Public operators can make discounts for used services under publicly announced conditions, in the event that:
a) discounts are available to anyone meeting the conditions for their granting, as announced in advance; and
b) the price of the service provided is not lower to the level of expenses on its provision.
(4) Prior to their publication, the prices of telecommunication services shall be submitted for information to the Communications Regulation Commission.
Section II
Regulated Prices
Article 221. (1) Communications Regulation Commission shall regulate the prices determined by the operators having a significant market power on the markets of the services of the relevant market.
(2) Communications Regulation Commission shall provide information on the prices of services under par. 1 to the National Trade Commission.
Article 222. (1) Prices for the services under Art. 221 par. 1 shall be determined by the public operators on the basis of the cost of their provision, calculated according to the approved by the Communications Regulation Commission system of accounting of costs.
(2) The prices under par.1 shall not:
1. contain components, based uniquely on the significant market power of the operator;
2. contain discounts, which violate the possibilities for competition by other public operators for the respective service;
3. create preferences for separate users of the same or similar service;
4. be under the level of costs of their provision in accordance with par. 1 hereinabove for a term no longer than 2 months, but not more than three months within the period of one calendar year.
Article 223. (1) Operators under Art.221 par.1 shall within 120 days from their designation by the Communications Regulation Commission as operators with significant market power on the relevant market submit for approval to the Communications Regulation Commission the system of accounting of costs.
(2) Within two months from its submission, the Communications Regulation Commission shall approve the system under par. 1. Prior to its approval and after consultations with the respective operator, the Communications Regulation Commission may request amendments to it, not endangering substantially the operator’s financial viability.
(3) The operator shall publish the main elements of the approved system for accounting of costs and shall publish annually operator’s tariffs serving as a base for determining the prices of services under Article 222 par. 1.
(4) The operators under par.1 shall annually publish an analysis of the extent of implementation of the principles of cost orientation and accounting separation for the respective services offered by them.
Article 224. (1) Operators shall, one month before publishing of the prices, submit them for co-ordination to the Communications Regulation Commission, together with the pricing documents.
(2) Communications Regulation Commission co-ordinates the prices within the term under par. 1.
(3) In the event that the prices do not meet the requirements of Article 221, par.1, the Communications Regulation Commission shall oblige the operators to revise the prices.
(4) In the event that operators do not revise the prices within one month, the Communications Regulation Commission shall apply the form of regulation under Article 225.
(5) The Communications Regulation Commission may request that the cost orientation of already coordinated prices is proved, but not more often than once in two months.
Article 225. (1) The Communications Regulation Commission shall regulate also the prices of telecommunication services, where it is established that they are provided in abuse of dominant position or in unfair competition within the meaning of the Law on the Protection of Competition.
(2) The Communications Regulation Commission, after coordination with the Competition Protection Commission, shall perform regulation of the prices by determining price limits for a term no longer than six months.
Section III
Fees
Article 226. (1) License fees and registration fees shall cover the administrative expenses of the Communications Regulation Commission for the activities performed under this Law.
(2) The fees for scarce resource shall provide for its effective use.
Article 227. (1) All licensed operators shall pay license fees as specified in the licensing conditions.
(2) State authorities under Article 56, par. 2, it. 4 shall not pay license fees.
(3) License fees shall be:
1. initial – on the issuance of the license, including the costs of its preparation. When a license is issued through contest, the initial license fee shall be to the amount of the final contest price, which comprises also the initial license fee within the meaning of par. 4.
2. annual – for exercising control on the implementation of licenses – up to 1.2 per cent of the gross annual incomes, net of value added tax
3. one-time additional – upon granting of an additional radio frequency spectrum to operators of public telecommunications networks, necessary for the expansion, development or modernisation of their networks;
4. fee for changing and supplementing of the license.
(4) The amount of the initial license fee for the issuance of individual license, shall be determined taking into account the administrative expenses on its issuance, including:
1. labour and material;
2. proportionally distributed development and consulting work and analysis of the respective market, related to the issue of the license;
3. frequency planning, national and international coordination.
(5) The fee under par. 3, item 2 shall be determined annually under the procedure of Art.44 and shall be paid in quarterly instalments up to the 15th day of the month, following the quarter. The instalment for the fourth quarter shall be an equalising one and shall be paid up to 15 days following the term determined by the Law on Accountancy, for the preparation of the annual financial report. The instalments paid in during the year shall be equalised on the basis of a copy of the annual financial report of the licensed operator, certified by means of an independent financial audit, submitted by the operator together with the attachments thereto.
Article 228. (1) All licensed operators shall pay annual fees for the use of a scarce resource from the radio-frequency spectrum and from the positions of the geo-stationary orbit, allocated to the Republic of Bulgaria by international treaties.
(2) All the operators shall pay annual fees for the use of a scarce resource of the National Numbering Plan.
(3) The amount of fees under par. 1 shall be determined on the basis of one or more of the following criteria:
1. number of registered inhabitants, that can be served through licensed activity;
2. territorial coverage, provided for in the license;
3. power output of the transmitter;
4. occupied frequency band;
5. number of radio stations used;
6. number of used radio-frequency channels;
7. type of the radio-frequency channel (radio-frequency band) – simplex/duplex;
8. type of licensed activity;
9. number of used radio-networks;
10. designation of the wireless stations and networks.
(4) The fees under par. 1 shall be paid in four equal instalments until the end of the month preceding the quarter.
Article 229. (1) All registered operators under a class license shall pay an initial registration fee.
(2) The amount of the initial registration fee shall be determined depending on the administrative costs of registration and preparation and issuance of the class license.
Article 230. (1) The amount of the fees, provided for in this section, the time limits and the method of their payment, shall be determined in a Tariff on Fees, Collected by the Communications Regulation Commission, as adopted by the Council of Ministers at the proposal of the Commission.
(2) The Tariff under para.1 shall also determine the amount of the fees for administrative services, provided by the Commission.
(3) The fees shall be determined in the procedure under par. 1 in conformity with the following principles:
1. equal treatment of operators;
2. proportionality with regard to the administrative expenses;
3. promotion of competition;
4. ensuring optimum use of the radio-frequency spectrum;
5. satisfying the public needs of quality telecommunication services.
(4) Licensed operators shall pay identical license fees for identical types and volume of licensed activity.
Article 231. (1) License fees provided for in licenses for telecommunication activity, shall be distributed as follows:
1. the initial one, obtained in a tender procedure, as well as the one-time additional fee:
a) twenty-five per cent for providing the funds under Art. 20;
b) five per cent on the budget of the Communications Regulation Commission;
c) seventy per cent as revenue into the Republican state budget;
2. the initial and the annual fees – on the budget of the Commission;
3. the fee for using of the radio-frequency spectrum:
a) forty per cent for providing the funds under Art. 20;
b) thirty-five per cent on the budget of the Commission;
c) twenty-five per cent as revenue into the Republican state budget.
(2) The fee for using the numbering capacity shall be distributed as follows:
1. thirty per cent for providing the funds under Art. 20;
2. thirty per cent on the budget of the Commission;
3. forty per cent as a revenue in the Republican state budget.
(3) Fees for using the positions of the geo-stationary orbit allocated to the Republic of Bulgaria under international treaties, shall be re-distributed as follows:
1. twenty-five per cent for providing the funds under Art. 20;
2. five per cent on the budget of the Commission;
3. seventy per cent as revenue into the Republican state budget.
Article 232. (1) All the fees shall be paid into the budget of the Communications Regulation Commission and shall, within 3 months of their receipt, be re-distributed under the procedure of Art. 231.
(2) No fees shall be due under the procedure of this section by diplomatic agencies and other organisations with the status of diplomatic missions for their own purposes.
(3) Licenses under Art. 14 par. 3 shall be issued in favour of embassies and diplomatic agencies and other organisations with the status of diplomatic missions. The license and other fees shall be paid in accordance with the Tariff of Fees of the Communications Regulation Commission.
Chapter Seventeen
CONTROL
Article 233. (1) Control over telecommunication activities, as well as the imposing of administrative sanctions for violations of the law, by-laws, issued in its implementation and licenses regarding telecommunication activity, shall be exercised by the Communications Regulation Commission.
(2) Control over putting into service of terminal telecommunication equipment and radio equipment shall be exercised by the Commission under a procedure co-ordinated with the State Standardisation and Metrology Agency.
(3) The cooperation between the Communications Regulation Commission, the Ministry of Transport and Communications, the Ministry of the Interior, the Ministry of Defence, the Ministry of Finance, in connection with the exercise of control over telecommunication activities, shall be regulated in a jointly issued instruction.
Article 234. (1) The Chairman of the Communications Regulation Commission shall authorise by an order administration officers of the Communications Regulation Commission to make inspections, during which they shall draw up reports of established facts and report on offences by statements on established administrative offences.
(2) The officers under par. 1 shall be insured against accidents resulting from, or in connection with, the execution of their duties, from the funds of the budget of the Commission.
Article 235. (1) The Chairman of the Communications Regulation Commission or any other person explicitly authorised by him may issue orders to suspend until elimination of the offence the performance of telecommunication activities, performed in violation of law, by-laws or license terms.
(2) The orders issued under par. 1 may also impose the compulsory administrative measure, constituting of the closure under seal of the objects and/or equipment, used in performance of telecommunication activities in violation of the law, by-laws or the license terms.
(3) The orders under par. 1 shall be subject to appeal before the Supreme Administrative Court.
Article 236. (1) If the officers authorised under Art. 234 establish an administrative offence, they shall draw up statements under the procedure provided in the Law on Administrative Offences and Sanctions.
(2) On the basis of statements under par. 1, the Chairman of the Communications Regulation Commission, or a member of the Communications Regulation Commission or a person from its administration explicitly authorised by the latter, shall issue punitive decrees or motivated resolutions for the termination of the administrative-punitive procedure.
(3) The drawing-up of statements, issuance, appeal and enforcement of the punitive decrees shall be executed under the procedure provided in the Law on Administrative Offences and Sanctions.
(4) Punitive decrees, imposing fines or material sanctions in the amount of no more than BGN 500, shall not be subject to appeal.
Article 237. (1) On the establishment of violations under the procedure under Art. 234, par. 1, the officers drawing statement may also confiscate and retain the material evidence related to the establishment of the offence under the procedure under Art. 41 of the Law on Administrative Offences and Sanctions.
(2) The confiscated material evidence shall be subject to expropriation in favour of the State with a punitive decree or resolution in the procedure of Art. 20 and 21 of the Law on Administrative Offences and Sanctions, when the corpus of the offences under the respective administrative punitive provisions has been perpetrated.
(3) The objects confiscated in favour of the State shall be kept in premises specially designated for that purpose until the expiration of one year from the coming into effect of the resolution, the punitive decree or the court decision whereby it has been confirmed.
(4) After the expiry of this term the confiscated objects shall be subject to destruction in a manner defined by a Regulation of the Council of Ministers, proposed by the Communications Regulation Commission. The objects or parts thereof, confiscated in favour of the State, which can be used without violation of the laws and the country’s established technical standards, may be given to educational institutions for teaching purposes, to hospitals or other institutions, by decision of the Communications Regulation Commission.
Article 238. (1) In performance of their functions, the authorised officers of Communications Regulation Commission shall be entitled:
1. to freely access the sites subject to control;
2. to check documents, certifying the legal capacity of persons in the controlled sites;
3. to demand information and documents, related to the exercise of control;
4. to request and seize from inspected persons original documents, certified copies of documents, data, information, references and other information carrier related to the performance of telecommunication activity and/or the establishment of administrative offences under this Law;
5. to inspect accounting, commercial or other books or documents and information carriers, as well as other documents related to the exercise of telecommunication activity and/or the establishment of administrative offences under this Law;
6. to demand from third persons any information, excerpts and other documents necessary for the performance of counter-inspection in connection to the control under this Law;
7. to demand written explanations from the persons inspected or from third persons, in observance of the provisions of this Law;
8. to control the quality parameters of services by performing documentary and technical inspections;
9. to search premises, used by the inspected persons for performance of telecommunication activity, as well as premises in which evidence exists for the perpetration of administrative offences;
10. to inspect of telecommunication devices, to search stopped or parked transport vehicles, as well as to stop transport vehicles jointly with the traffic control officers.
11. to issue instructions on the elimination, within specified term, of failures in the activity of the inspected persons.
(2) In case of inspection of the residential premises under par. 1, item 9, as well as in case of exercising powers under par. 1, item 10, the inspections shall be performed by the officers under Art. 234 jointly with the authorities of the Ministry of the Interior, in compliance with the Criminal Procedure Code.
Article 239. (1) In the course of performing their duties, officers under Art. 234 shall be required:
1. to identify themselves by showing their card of service;
2. to keep confidentiality of the circumstances and facts, which were disclosed to them during, or on the occasion of performance of their duties.
(2) The order and procedure of using and collection of the circumstances and facts under par. 1, it. 2, as well as the work organisation in the exercise of control in telecommunications, shall be defined by a Resolution of the Communications Regulation Commission or of a person authorised by the latter.
(3) The Chairman of the Communications Regulation Commission shall appoint the administration officers responsible for the preservation and use of the facts and circumstances under par. 1 it. 2.
(4) The officers under paras 1and 3 shall sign a standard declaration in connection with their duties, in which their liability in the event of default is explicitly reflected.
Chapter Eighteen
ADMINISTRATIVE SANCTIONS PROVISIONS
Article 240. (1) A person, that without being licensed, performs telecommunication activity, that is subject to licensing following the holding of a tender or contest, or continues to perform such after the license is suspended, terminated or revoked, shall be liable to a fine or a pecuniary sanction of BGN 50,000 to BGN 500,000.
(2) A person, that without being licensed, performs telecommunication activity, that is subject to licensing without the holding of a tender or contest, or continues to perform it after the license is suspended, terminated or revoked, shall be liable to a fine or a pecuniary sanction of BGN 10,000 to BGN 200,000.
(3) A person, that without being licensed, carries out telecommunication activity by performing telecommunications through public telecommunication networks and/ or providing telecommunication services that use a scarce resource, or continues to perform it after the license is suspended, terminated or revoked, shall be liable to a fine or a pecuniary sanction of BGN 20,000 to BGN 250,000.
(4) A person, that without being licensed, carries out telecommunication activity by performing telecommunications through separate telecommunication networks for his own needs, that use a scarce resource, or continues to perform this after the license is suspended, terminated or revoked, shall be liable to a fine or a pecuniary sanction of BGN 1,000 to BGN 10,000.
(5) A person, that without registration performs telecommunication activities under the terms of the class license, shall be liable to a fine or a pecuniary sanction of BGN 1,000 to BGN 5,000.
(6) For offences under par. 1-5, perpetrated more than once, the administrative punishing authority may with a punitive decree deprive the offender of the right to exercise telecommunication activity for which the latter has been sanctioned, for a term of up to one year.
Article 241. (1) A person, that violates or does not comply with the conditions of an individual license issued to him, shall be liable to a fine or a pecuniary sanction of BGN 5,000 to BGN 500,000.
(2) A person, that performs telecommunication activity under a class license and violates its terms, shall be liable to a fine or a pecuniary sanction of BGN 1,000 to BGN 5,000.
Article 242. (1) A person, that violates the rules, regarding confidentiality of messages sent through the telecommunication networks, provided the act does not constitute a crime, shall be liable to a fine or a pecuniary sanction of BGN 500 to BGN 5,000.
(2) A person that fails to perform its obligation for providing conditions for interception of telecommunications related to the national security and public order, shall be liable to a fine or a pecuniary sanction of BGN 5,000 to BGN 100,000.
(3) A person that fails to perform its obligation for protection of personal data in the sphere of telecommunications, shall be liable to a fine or a pecuniary sanction of BGN 1,000 to BGN 20,000.
Article 243. A person, that leases or sub-leases lines, without being a licensed telecommunication operator, shall be liable to a fine or a pecuniary sanction of BGN 2, 000 to BGN 50,000.
Article 244. A person, that interferes with and/or alters the content of messages of third persons, by using telecommunication equipment, shall be liable to a fine or a pecuniary sanction of BGN 200 to BGN 2,000.
Article 245. (1) A person, that transmits through a public telecommunication network false calls or misleading signs and/or signals for help, emergency, trouble, accident or alarm, provided the act does not constitute a crime, shall be liable to a fine of BGN 1,000 to BGN 5,000.
Article 246. A person, that with the purpose of obtaining profit for himself or for another person, uses without permission telecommunication equipment at the expense of the telecommunication operator or a third person, shall be liable to a fine of BGN 3 000 to BGN 10 000, where the damages shall be restored by the general way of action.
Article 247. A person, that puts in operation radio-equipment in violation of the requirements under Art. 215, provided the act does not constitute a crime, shall be liable to a fine or a pecuniary sanction of BGN 3,000 to BGN 15,000.
Article 248. A person, that causes damages to public telecommunication networks and equipment, whereby the telecommunications are interrupted or impeded, provided the act does not constitute a crime, shall be liable to a fine of BGN 100 to BGN 5 000, where the damages shall be restored by the general way of action.
Article 249. (1) A person, that on demand of the Communication Regulation Commission fails to submit information, related to the implementation of this Law, or submits false, incomplete or inaccurate information or does not submit it in the term that may be set by the demand, shall be liable to a fine or a pecuniary sanction of BGN 100 to BGN 5,000.
(2) A person, that impedes exercising of the control under Art. 235 by the Communication Regulation Commission, shall be liable to a fine or a pecuniary sanction of BGN 1,000 to BGN 5,000.
(3) Any telecommunication operator, that fails to submit to the Communication Regulation Commission documents or information, necessary to conduct analysis for determining of the significant market power, shall be liable to a pecuniary sanction of BGN 5,000 to BGN 100,000.
Article 250. Any telecommunication operator, that offers public voice services and fails to grant the subscribers with a free of fee possibility for emergency calls, shall be liable to a pecuniary sanction of BGN 2,000 to BGN 10,000.
Article 251. Any licensed public telecommunication operator, that performs in addition another commercial activity, and fails to keep an independent analytical account for the licensed activity, shall be liable to a pecuniary sanction of BGN 500 to BGN 5,000.
Article 252. (1) The persons under Art. 234, who make public, disclose, publish, use or disseminate in any other way data and circumstances representing official secret, provided that they are not liable to a heavier punishment, shall be liable to a fine of BGN 500 to 5 000, and shall be deprived of the right to occupy the respective position for a term from 6 months to 1 year.
Article 253. For the offences under Art. 189, pecuniary sanctions shall be imposed in the amounts of BGN 50,000 to BGN 500,000.
Article 254. For violations of this Law and of the by-laws issued on its basis, where no other punishment is provided for, a fine or a pecuniary sanction shall be imposed in the amount of BGN 50 to BGN 1,000.
Article 255. (1) Where violations under Art. 240-254 are committed more than once, a fine or a pecuniary sanction shall be imposed in double amount of the initially imposed.
(2) In the sense of this Law the violation is committed more than once when it is committed within one year from the coming into effect of a punitive decree whereby the same kind of violation has been sanctioned.
Article 256. (1) The amounts due under the effective punitive decrees shall be payable to the budget of the Communications Regulation Commission.
(2) Twenty per cent of the amounts under par.1, shall remain in the budget of the Communications Regulation Commission.
(3) Eighty per cent of the amounts under par.1 shall be remitted as revenue to the Republican State budget.
(4) The deadline for voluntary execution shall be specified in the punitive decree by the Chairman of the Communications Regulation Commission, or a person authorised by him
(5) Uncollected amounts under the procedure specified in par. 4 shall be subject to collection under the procedure, provided in the Tax Procedural Code.
ADDITIONAL PROVISIONS
§1. For the purposes of this Law:
1. ‘Telecommunication network’ shall mean a combination of mutually connected lines and equipment, which serve for providing of telecommunications.
2. ‘Public telecommunication network’ shall mean a telecommunication network designed for the realisation of telecommunications and/or provision of telecommunication services to an unlimited circle of users.
3. ‘Private telecommunication network’ shall mean a telecommunication network designed for the realisation of telecommunications in a non-commercial manner, for the proper needs of the private telecommunication operator, including in and/or between its sub-units, branches or subsidiaries. The use for the proper needs shall be present, where the private network is not used as the means for provision of the telecommunication services.
4. ‘Cable network for distribution of radio- and/or television program” shall mean a public telecommunication cable-based network, designed for the provision and distribution of radio- and television signals which may include also a system for control and management of the network.
5. ‘Fixed telephone network’ shall mean a telecommunication network for transferring voice and sound information, with the width of frequency band of 3100 Hz, the termination points of which are geographically fixed, and which supports voice telephony, facsimile messages and data transfer through modems of at least 2400 bit/s speed.
6. ‘Switched telephone network’ shall mean a telecommunication network for voice transfer, where the connection between termination points is performed through a chain of switches.
7. ‘Mobile network’ shall mean a telecommunication network, where the end points are not geographically fixed.
8. ‘Termination point of the network’ shall mean a physical point in which the user gets access to the public telecommunication network. The location of the termination point shall be defined by the Communications Regulation Commission, and it represents the boundary of the public telecommunication network for the purposes of regulation.
9. ‘Interconnection’ shall mean physical and/or logical connection of telecommunication networks, belonging to one and the same or to different operators, in such a manner, that the users connected to one of these networks, obtain the possibility to access the users connected to the other networks, or to telecommunication services offered through these other networks or by third parties having access to these networks.
10. ‘Interconnection protocol’ shall mean preliminarily agreed upon or fixed set of procedures allowing the joint activities of two interconnected telecommunication networks.
11. ‘Leased lines’ shall mean telecommunication equipment provided by a licensed public operator to another person, comprising transfer facilities and transfer environment, through which a transparent transfer channel with definite capacity between termination points of the network is ensured, and which do not include commutation by request – commutation functions, controlled by the user as part of the letting the lines on lease.
12. ‘Telecommunication service’ shall mean performance of telecommunications in commercial manner.
13. ‘Public telecommunication services’ shall mean telecommunication services designed for an unlimited circle of users.
14. ‘Voice service’ shall mean a telecommunication service for transferring of speech in real time over any telecommunication network, regardless of the technology used for transfer, which enables a user to communicate with another user.
15. ‘Fixed voice service’ shall mean a voice service over any fixed telecommunication network realised between fixed termination points of this network regardless of the network technology allowing a user to communicate with another user.
16. ‘Fixed telephone service’ shall mean a telecommunication service for direct transfer and switch of voice in real time through a public fixed switched telecommunication network, enabling each user using a device, connected to a termination point of this network, to perform a call to another user, using a device, connected to another termination point.
17. ‘Inquiry services’ shall mean the publishing and distribution of printed or electronic directories containing information about the telephone number of a subscriber through submitted data for individualisation of the subscriber – name, and if necessary, address.
18. ‘Telephone inquiry services’ shall mean telecommunication services enabling the calling user to obtain information about the telephone number of a subscriber through submitted data for individualisation of the subscriber – name, and if necessary, address.
19. ‘Services for emergency calls” shall mean telecommunication services enabling telecommunication access of every user to the ‘Emergency Medical Assistance’, ‘Police’ and ‘Fire and accident safety’ services.
20. ‘Terminal telecommunication device’ shall mean a device, allowing the performing of telecommunications, or an element of the given device, designed for direct or indirect connection in any manner to the interfaces of public telecommunication networks.
21. ‘Public payphone’ shall mean a telephone device for voice services, the use of which is paid by coins, chips, debit or credit cards or pre-paid cards.
22. ‘Scarce resource’ shall mean a resource, limited due to natural phenomena or to technical reasons, such as the numbers from the National Numbering Plan, radio frequencies and radio-frequency bands from the radio-frequency spectrum, positions from the geo-stationary orbit, right to trespass, etc.
23. ‘Cost orientation of the price of services’ shall mean the event when the price of services include the costs made for their provision, including the price of the invested capital and an acceptable profit.
24. ‘Cross-subsidising’ shall mean the event when the services provided in a competitive environment are being subsidised by revenues realised from services provided in circumstances where activities of an operator having a significant market power exist.
25. ‘Net losses’ shall mean difference between the expenses of the operator, obligated to provide universal service, and the expenses without obligation to provide universal service, plus revenues from the provision of universal service and the advantages resulting from the obligation to provide universal service shall be taken into account.
26. ‘Tone dialling’ shall mean a method for dialling of a telephone number from certain telephone devices, where each digit from the subscriber’s number is formed and transmitted over the line as a combination of two frequencies, each to be determined by two groups of four frequencies each.
27. ‘Detailed billing’ shall mean a type of billing, performed through billing systems in a telephone exchange, where these systems determine the number of the calling subscriber, the number of the called one, the beginning and the duration of the call and provide a detailed information for that.
28. ‘Radio-equipment’ shall mean a product or part thereof for the provision of telecommunications through broadcasting and/or reception of radio waves, using the spectrum allotted for on-land or space radio messages.
29. ‘Radio-frequency spectrum’ shall mean a spectrum of frequencies, broadcasted and received within the range of 9 kHz to 3 000 GHz.
30. ‘Radio-frequency band’ shall mean a part of the radio-frequency spectrum, restricted by two frequencies.
31. ‘Cryptographic keys, cryptographic means, cryptographic materials’ shall mean methods and means designed for concealing (coding) of exchanged information in a way, that it will remain intelligible only to the persons authorised therefor .
32. ‘Telecommunications for maritime and aeronautical search and rescue’ and ‘Safety’ information shall mean all telecommunications, designated as such in the Radio Regulations of the International Telecommunications Union.
33. ‘Terrestrial radio broadcasting’ shall mean emission from land-based radio stations of radio- and/or television signals, intended to be received by the public.
34. ‘Telecommunication infrastructure’ shall mean a part of the technical infrastructure including telecommunication networks and equipment.
35. ‘Technical specification’ shall mean specification in a document, setting out the parameters to which a product must conform, such as level of quality or user characteristics, safety, dimensions, including the applicable requirements regarding commercial name of the product, terminology, markings, tests and methods of testing, packaging, marking and labelling.
36. ‘Phone card’ shall mean a type of payment instrument (debit or credit card), which is intended to serve as payment for telecommunication services provided by public payphones.
37. ‘Interface’ shall mean:
(i) a termination point of a given network, i.e. a point for physical connection, through which the users obtain access to one public telecommunication network; and/or
(ii) an aerial interface, determining the electromagnetic route between radio-equipment; and
(iii) technical requirements thereto.
38. ‘Routing’ shall mean the alternative route for performing telecommunications between two termination points of one ore more telecommunication networks.
39. ‘Number’ shall mean a sequence of decimal digits, which uniformly identifies the termination point in the public network. The number contains information necessary for routing and/or billing of one call up to this termination point.
40. ‘Numbering space’ shall mean the whole range of numbers, used in the telecommunications.
41. ‘Address’ shall mean a sequence or combination of digits and symbols, used for the identifying of a given specific or termination point of the network during the realisation of connection, used for routing.
42. ‘Name’ shall mean a combination of letters, digits and symbols identifying given element (such as interface, part of equipment, attachment, etc.) of the network, providing services between termination points.
43. ‘Subscriber’ shall mean an individual or legal entity, party to an Agreement with the operator, providing telecommunication services, for provision of these services.
44. ‘User’ shall mean individual or legal entity, using or having declared intent to use telecommunication services.
45. ‘End users’ shall mean users, using telecommunication service without providing telecommunication service through it.
46. ‘Crisis’ shall mean any sudden or expected change in the established state of life, caused by human activity, events and natural phenomena, affecting the country’s territory, population and material valuables and requiring immediate action for its recovery.
47. ‘Crisis of non-military character’ shall mean a crisis within the meaning of item 47, which does not include crises requiring introduction of ‘Martial law’ or ‘State of war’.
48. ‘Call’ shall mean every connection (permanent or temporary), enabling the transfer of information between two or more users of the telecommunication system.
49. ‘Caller line identification’ shall mean a service, enabling the subscriber called to receive a message about the number of the calling one prior to the establishment of connection.
50. ‘Called line identification’ shall mean a service, enabling the calling subscriber to receive a message about the number of the called one prior to the establishment of connection.
51. ‘Call-related’ data means signalling information, used for identification of the call and for control over the call
52. ‘Interception’ shall mean activity of obtaining access and providing the telecommunications to a given subscriber, as well as the data related to these calls, to the competent authorities under Art. 20, par. 1 of the Law on Special Intelligence Means, performed on the basis of legal authorisation.
53. ‘Intercepting interface’ shall mean an input-output software-technical device of the telecommunication operator, where access to the intercepted telecommunications or to data, related to the call is provided. The intercepting interface can be in more than one fixed point.
54. ‘Operation of telecommunication networks and equipment’ shall mean maintenance and use of the telecommunication networks and equipment.
55. ‘Subscriber line’ shall mean electrical chain, comprising of a physically twisted metal pair, connecting a termination point of the network in the premises of the subscriber with the main repartitor of the settlement telephone exchange or with the equivalent equipment in the fixed public telephone network.
56. ‘Radio service’ shall mean a combination of technical and organisational rules during the transmission, broadcasting and/or acceptance of information through radio-waves for different specific cases of performing of telecommunications.
57. ‘Independent access to the subscriber’s line’ shall mean providing access to the subscriber’s line with the purpose of providing services using the complete frequency band of the subscriber’s line.
58. ‘Joint access to the subscriber’s line’ shall mean providing access to the subscriber’s line with the purpose of using the part of its frequency band other than the part designated for voice transfer, whereas the operator providing unbundled access to the subscriber’s line shall have the technical capacity to continue providing voice services over the same subscriber’s line
59. ‘Mobile network cell’ shall mean the geographical area, covered by the radio signal of a base station of a mobile network, within the boundaries of which the mobile network subscribers have access to it.
§ 2 (1) Any operator of a cable radio- and television network may be licensed or registered as an operator of a public telecommunications network other than the cable radio- and television network, provided only that such operator has incorporated a separate legal entity to that purpose.
(2) The operators under par.1 shall broadcast the national TV program of the Bulgarian National Television and the Bulgarian National Radio through their networks.
(3) Bulgarian National Television and the Bulgarian National Radio shall provide their national programs free of charge to the operators under par.1.
TRANSITIONAL AND FINAL PROVISIONS
§ 3. (1) This law supersedes the Telecommunications ACT (Publ. SG, No.93 of 11.08.1998, amend. and suppl. No. 26 of 1999, No. 10 and No. 64 of 2000, No. 34, No. 42, No. 96 and No. 112 of 2001, and No. 45 of 2002)
(2) Secondary legislation issued for the implementation of the superseded Law on Telecommunications under par.1. shall continue to apply in so far as it does not contradict this Law.
§ 4. From 1 January 2004, the officers of Communications Regulation Commission administration shall be entitled to a supplement to their remuneration in the amount of a certain percentage from the growth during the preceding year of the Communication branch, on the basis of information provided by the National Statistics Institute.
§ 5. (1) This law shall enter into force as of 1 January 2003, exclusive of
1. the provision of Art. 121, par.4, which shall enter into force as of 1 July 2003;
2. the provisions of Art. 161, item 1 and Art. 183, which shall enter into force as of 1 September 2003;
3. the provisions of Art. 123, par. 2, 4 and 5, Art. 131, Art. 133, par.1, Art. 143, par.6, Art. 182 par.2, Art. 222, and Art. 223 par.4, which shall enter into force as of 1 January 2004;
4. the provisions of Art. 132, Art. 133 par.2, Art. 135 and Art. 161, item 2, which shall enter into force as of 1 January 2005;
5. the provision of Art. 159 which shall enter into force as of 1 January 2005 in respect of the operators of public mobile telecommunication networks, built on the standard GSM and UMTS;
6. the provision of Art. 159, which shall enter into force as of 1 January 2009, in respect of the operators of the public fixed telecommunication networks.
(2) Until 31 December 2003 those operators that are defined as having significant market power, carrying out telecommunications through fixed telephone networks and through provision of the fixed telephone services, provision of leased lines, including such by type, provision of access and interconnection to their networks, shall determine the prices for those services on the basis of a methodology, to be developed by the Communications Regulation Commission and adopted by the Council of Ministers.
§ 6. (1) Until 31 December 2003, license fees and other fees provided for in telecommunication activities licences shall be distributed as follows:
1. Initial fee and one-time additional fee:
a) 25 per cent for providing funds under Art. 20;
b) 5 per cent on the budget of the Communications Regulation Commission;
c) 70 per cent as revenue into the Republican state budget;
2. The annual fee for control over the performance of the licenses– up to 1.3 per cent of the annual gross revenues net of value added tax- on the budget of the Communications Regulation Commission;
3. The fee for using radio-frequency spectrum:
a) 50 per cent for providing the funds under Art. 20;
b) 25 per cent on the budget of the Communications Regulation Commission;
c) 25 per cent as revenue into the Republican state budget.
4. The fee for using the numbering capacity:
a) 30 per cent for providing the funds under Art. 20;
b) 30 per cent on the budget of the Communications Regulation Commission;
c) 40 per cent as a revenue in the Republican state budget.
5. Fees for using the positions of the geo-stationary orbit allotted to the Republic of Bulgaria under international treaties:
a) 25 per cent for providing the funds per Art. 20;
b) 5 per cent on the budget of the Communications Regulation Commission;
c) 70 per cent as revenue into the Republican state budget.
(2) Fees for changing the license shall be paid into the budget of the Communications Regulation Commission.
§ 7. (1) Licenses and Certificates under a class license issued under the superseded Law on Telecommunications shall retain their validity.
§ 8. (1) Operators which at the effective date of this Law are performing telecommunication activities under an individual license, while this Law requires that those activities shall be subject to a registration under a class license, shall receive their Certificates for registration from the Communications Regulation Commission within 1 month from the promulgation of the respective class license in the State Gazette.
(2) Communications Regulation Commission shall issue the respective class envisaged under par.1 above within 3 months from the effective date of this Law.
(3) The operators under par. 1 shall continue to perform their activities in accordance with the individual licenses issued to them, whereas they do not pay the license fees for 2003 set out for them.
(4) Upon receiving the Certificate under par.1 the operators shall not pay the initial registration fee.
§ 9. (1) Telecommunications carried out under unrestricted regime under the superseded Law on Telecommunications shall continue to be carried out freely, with the exception of the cases under Art. 53.
(2) In the event that the provision of Art. 51 applies to the persons providing telecommunications under par.1, they shall within 6 months from the effective date of Law undertake the necessary actions for issuance of a license or a Certificate of registration.
(3) Communications Regulation Commission shall until 31 December 2003 issue the license or the certificate of registration under par. 2.
§ 10. The Bulgarian Telecommunication Company shall provide universal telecommunication service until Communications Regulation Commission defines an operator with a significant market power, on which the obligation for provision of the universal service will be imposed, but not later than 9 months of the effective date of this Law.
§ 11. Members of Communications Regulation Commission at the effective date of this Law shall complete their term of office in accordance with the requirements set out in § 72, par. 2 of the Transitional and Final Provisions of the Amendment Law on the Law on Telecommunications (SG, issue No. 112 of 2001).
§ 12. Funds under Art. 20, item 1 and 2, letter ‘a’ shall be contributed until 31 December 2003.
This Law is passed by the XXXIX National Assembly on …………………2002 and is sealed with the official seal of the National Assembly.