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Position of the Communications Regulation Commission on the application of Art. 43, para. 2 of the General Requirements for provision of Public Electronic Communications (the General Requirements) in relation to Art. 228, para 3 of the Law on Electronic Communications (LEC) (adopted by Protocol decision № 2 of 27 November 2014)

Position of the Communications Regulation Commission on the application of Art. 43, para. 2 of the General Requirements for provision of Public Electronic Communications (the General Requirements) in relation to Art. 228, para 3 of the Law on Electronic Communications (LEC) (adopted by Protocol decision № 2 of 27 November 2014)

According to Art. 228, para. 3 of LEC, the individual contract under General Requirements enters into force within seven days after its signing, except when the subscriber has expressly declared in writing a wish that the contract enters into force  immediately . The quoted provision regulates imperatively two moments of making the contract effective under Art. 228, para. 1 of LEC, respectively two moments, which start   the term of the contract, namely:

 

-          Within 7 days after its signing; or

-          Immediately (from the date of its signing).

 

Arrangements between the Parties (undertaking and end user) settling hypothesis deferring from those, should be considered as null and void (arg. of Art. 26 of the Law on Obligations and Contracts).

 

Given the above-stated, the undertakings must include in their individual contract the information under Art. 43, para. 2 of the General Requirements, taking into account Art. 228, para 3 of LEC. In addition, in view of the legal execution of the requirement under Art. 43, para. 1 in relation with para. 2 of the General Requirements, undertakings should calculate the periods according to the provisions under  Art. 72, para. 1 of the Law on Obligations and Contracts (LOC).

 

Example № 1: The contract is signed on 01.07.2014 for a period of 24 months. The subscriber has agreed the contract to enter into force immediately (from 01.07.2014). With reference to Art. 43, para. 1 in connection with para. 2 of the General Requirements, the contract should contain the following indicative information: “The contract shall enter into force on 07.01.2014 and shall expire on 01.07.2016”.

 

Example № 2: The contract is signed on 01.07.2014 for a period of 24 months. The contract shall enter into force within seven days from its signing. With reference to Art. 43, para. 1 in connection with para. 2 of the General Requirements, the contract should contain the following indicative information: “The contract shall enter into force on 09.01.2014 and shall expire on 09.07.2016”. The undertaking has the right to refuse to sign an individual contract with a postponement of the entry into force within seven days under Art. 228, para. 3 of LEC, as well as to require that the contract to enter into force immediately, in case, if the undertaking supplies the end-user with a terminal device.

 

 

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02.12.2014 See more
The Communications Regulation Commission (CRC) launched a public consultation procedure on a Draft Decision on amendment and supplement to the Rules for carrying out electronic communications through radio equipment using frequency spectrum which does not need to be individually assigned (SG, issue 47 of 2012, amended in SG, issue 47 of 2014)

The Communications Regulation Commission (CRC) launched a public consultation procedure on a Draft Decision on amendment and supplement to the Rules for carrying out electronic communications through radio equipment using frequency spectrum which does not need to be individually assigned (SG, issue 47 of 2012, amended in SG, issue 47 of 2014)

By its Decision № 747 of 02 December 2014 the Communications Regulation Commission (CRC) launched a public consultation procedure on a Draft Decision on amendment and supplement to the Rules for carrying out electronic communications through radio equipment using frequency spectrum which does not need to be individually assigned.

 

The full text of the draft is published on the CRC’s website at the following address www.crc.bg under the Section "Public consultations" .

 

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09.12.2014 See more
Dr. Veselin Bozhkov was elected as a new Chairman of the European Regulators Group for postal services for 2016

Dr. Veselin Bozhkov was elected as a new Chairman of the European Regulators Group for postal services for 2016

The Member States of the European Regulators Group for postal services (ERGP) elected Dr. Veselin Bozhkov – Chairman of the Comminications Regulation Commission to become the Chairman of ERGP for 2016. The voting took place in Bucharest, during the Plenary meeting of ERGP. Dr. Veselin Bozhkov was elected with the votes of countries present. The election is an expression of appreciation for the active involvement of the CRC’s Chairman in the ERGP activities to this moment. According to the Rules of Procedure, the elected ERGP Chairman for 2016 will serve as Vice-chairman of ERGP in 2015.

The European Regulators Group for postal services (ERGP) was established by a Commission Decision on 10 August 2010. The group serves as a board for discussing, analyzing and consulting the European Commission in the area of postal services. It also aims at facilitating the consulting, coordination and the cooperation between the independent national regulatory authorities in the Member States, and between those authorities and the Commission, with the view of consolidating the national markets for postal services and ensuring the consistent application of the Postal Services Directive.

 

The group consists of 28 NRAs from among the EU Member States. The European Commission, Norway, Iceland, Liechtenstein, The Former Yogoslavian Republic of Macedonia and Republic of Serbia participate as permanent observers to the group.

 

 

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20.11.2014 See more