COMMUNICATIONS
REGULATION COMMISSION
GENERAL
LICENSE No 220
of 1 October 2004
on Carrying out
Telecommunications through Public Networks RLAN from a Mobile
Service
(Adopted
by Decision No 1809 of 01.10.2004 Promulgated, State Gazette, issue 101 of
16.11.2004)
Section
I
General Provisions
Art.
1. This
General License, hereinafter referred to as the “License” shall stipulate the
conditions for the implementation of a telecommunication activity – carrying out
of telecommunications through public network RLAN from a mobile service,
hereinafter referred to as public RLAN networks, as well as the requirements
with regard to the persons wishing to implement it.
Art.
2. The local
networks for data transfer (RLAN) use a radio frequency band 2400 - 2483,5 MHz
in conformity with the National Plan for Allocation of the Radio Frequency
Spectrum to Radio Frequencies and Radio Frequency Bands for Civil Needs, for the
Needs of the National Security and the Defense, as
well as for shared use between them, adopted by Decision No 545 of 2004 of the
Council of Ministers (State Gazette, issue 60 of 2004) and Decision No 717 of 12
February 2004 of the Communications Regulation Commission (CRC) on determination
of the radio frequency spectrum for general use.
Effect
with regard to Persons
Art.
3. (1) Solely a person who is registered under this
License, hereinafter referred to as the “Registered” may implement
telecommunication activity – carrying out of telecommunications through public
RLAN networks.
(2) The
registration shall be conducted under conditions of equal treatment, publicity
and transparency.
(3) The
number of registered persons shall not be limited.
(4) The
registration may not be assigned. Registered persons shall not be entitled to
assign his rights under the registration to third persons.
Effect
in Time
Art.
4. The term
of validity of the registration shall not be limited.
Territorial
Effect
Art.
5. (1) The effect of the license shall be spread out
on the territory of the Republic of Bulgaria.
(2)
Registered persons shall be entitled to carry out telecommunications solely over
the territorial range stipulated in the registration certificate.
(3) The
territorial range,
which the Communications Regulation Commission (CRC) registers under the License
for, may be a populated area and/or settlement formation and/or an area in
conformity with the effective legislation.
Register
Art.
6. The
Communications Regulation Commission shall keep a public register of the persons
registered under the License.
Section
II
Rights and Obligations
Art.
7. Registered persons shall be entitled:
1. To carry
out telecommunications through public RLAN networks and to provide
telecommunication services through them in conformity with the requirements of
this License;
2. To use
the network for the implementation of:
а) telecommunication activities subject to individual licensing
or registration under a general license solely after the issuance of an
individual license or registration under a general license for the relevant
activity;
b) other telecommunication activities, not subject to individual
licensing or registration under a general license.
Art.
8.
Registered persons shall be obliged:
1. Not to
transmit misleading signs and/or signals for calamity or other extraordinary
circumstances and signals, which may be taken for such.
2. Not to
use repeaters;
3. To
provide CRC with a list with the addresses and location of the stationary radio
equipment in the network prior to its putting into
service.
Art.
9. (1) Legal entities – trade companies
registered under the License shall be entitled to assign stocks or shares of the
capital or to accept new shareholders, by which the control over the management
of the company shall be changed after permission of CRC.
(2) Sole
entrepreneurs registered under the License shall be entitled to assign their
enterprises solely after permission of CRC.
Art.
10. Registered persons shall preliminarily
deposit before the Minister of Transport and Communications a sample of a
cryptographic key with use of cryptographic means.
Art.
11. Registered
persons shall create and maintain specialized cards and registers for the
built-up telecommunication infrastructure.
Section
III
Technical Requirements
Art.
12. During
the implementation of the telecommunication activity registered persons shall be
obliged:
1. To use
solely radio equipment with appraised compliance, which was
put on the market in conformity with the effective normative
acts;
2. To use
the radio equipment solely in conformity with the designation and manner defined
by the manufacturer;
3. To use
solely radio equipment in good technical working order;
4. Not to
alter the technical characteristics of the used radio
equipment;
5. To build
up, maintain and use all technical systems in such a manner that with normal
work, and under conditions of malfunction to guarantee the protection of
environment, the life and health of people in compliance with the effective
normative acts, standards and other technical
specifications;
6. To use
radio equipment with technical characteristics indicated in the Annex;
7. In events
of a problem arisen related to the electromagnetic compatibility to make the
relevant changes in the location and the parameters of the stationary stations
instructed by CRC at their expense;
8. To use
solely the radio frequency band designated for the activity;
9. Not to
cause harmful interference to the radio equipment from other radio services
functioning on primary basis.
Art.
13. Registered
persons shall be obligated to implement the telecommunication activity under the
License in conformity with the normative acts and the applicable technical
specification, inclusive of the Bulgarian standards referring to the
subject-matter of the license.
Art.
14. Registered persons shall be obliged to
make measurements of the velocity of transmission of the information flow and
other characteristics of the quality of the services in real time, both on their
part and on the part of the end user. Measurements shall not impede the normal
functioning of the network.
Art.
15. Registered persons may not lodge claims to
other users of the same frequency band with regard to possible harmful
interference and restriction of their work in the event that they do not violate
the norms for electromagnetic compatibility.
Section
IV
Maintenance of the Network
Art.
16. Registered persons shall carry out public
telecommunication services with observation of the following
requirements:
1. Elimination
of the damages of the network arisen under normal working conditions, as soon as
possible after their appearance;
2. Conduct
of prophylactic examinations and repairs of the network, after informing the end
users about the exact days and time for the execution of the works as well as
about their duration.
Section
V
Interrelations with End Users
Art.
17. The
Communications Regulation Commission shall develop standard general conditions
for interrelations with end users which it shall publish on its site on the
Internet.
Art.
18.
Registered persons shall develop general conditions for interrelations with end
users in compliance with the standard general conditions published on the
Internet site of CRC.
Art.
19. (1) Registered persons shall present the general
conditions for coordination by CRC within a two-month term from the arising of
the rights and obligations with regard to the implementation of the activity
under the license. The general conditions shall be coordinated and amended in
accordance with the procedure established by the Telecommunications Act.
(2)
Registered persons shall publish their general conditions within a 7-day time
limit after their coordination or amendment in each of their offices, on the
territory of which they shall render the services during the entire period of
their activities.
(3)
Registered persons shall provide end users and other persons with a possibility
to receive a gratuitous copy of their general conditions in each of their
offices.
Art. 20. (1) Complaints in writing lodged by end users with
regard to the provided telecommunication services shall be considered and they
shall be answered by the registered persons within a term of one month after
their receipt.
(2) With observation of the effective rules for
personal data protection the registered persons shall keep and preserve a
register for the complaints lodged in accordance with the procedure established
by Para. 1 as well as for the answers provided pertaining to
each of them for a term of 12 months.
Art. 21. (1) Complaints from end users, which refer to the
observation of the conditions of the License, may be addressed to CRC as well.
(2) The Communications Regulation Commission
shall provide for a motivated reply to the complaints received within a
one-month from their receipt.
Art.
22.
Registered persons shall notify CRC and end users about the prices at which it
shall provide the telecommunication services within a 7-day time limit prior to
the date of their entry into force.
Section
VI
Provision of Information
Art.
23. (1) Registered persons shall provide CRC with
a report on the activity under the license for each year. The report shall be
prepared in conformity with a sample form approved by CRC and shall contain the
following information:
1. current status of the registered
person;
2. provided services and interrelations with end
users;
3. income from the activity under the license;
4. parameters characterizing the quality of the service
(velocity of transmission and others);
5. number of subscribers;
6. connection to other networks;
7. list with addresses and location of the stationary radio
equipment (structure of the network);
8. protocols and interfaces.
(2) The
sample form shall be published on the Internet site of CRC until 31 March each
year.
(3) Registered persons shall present a report
on the activities under the License until 30 April each
year.
(4) In the events when CRC did not publish
the sample form within the term pursuant to Para. 2, registered persons shall
present the reports on their activities within a one-month term from their
publication.
Art.
24.
Registered persons shall be obliged in event of each amendment in the
circumstances subject to entry into the trade register to notify CRC within a
14-day term, presenting a copy of the document certifying the amendment made.
Art. 25. The Communications Regulation
Commission may require from registered persons to present within specifically
defined terms other information too related to the activities under the License
needed by CRC for the performance of its regulatory functions.
Art.
26. The Communications Regulation Commission
shall be obliged not to disclose the information obtained from registered
persons in events of its being declared trade secrecy.
Section VII
Secrecy of Communications and
Personal Data Protection in Carrying out of Telecommunications
Art. 27. Registered persons shall be obliged to
guarantee the secrecy of the communications and the personal data protection in
conformity with the Telecommunications Act.
Section
VIII
Provision of Telecommunications in Crises of Non-Military Nature,
Introduction of Regimes of “Martial Law”, “War Time” or Other State of Emergency
Art.
28. In crises
of non-military nature, in introducing a regime of “martial law” or “war time”
or state of emergency pursuant to Art. 60а of the Defense and Armed Forces of the Republic of Bulgaria Act
registered persons shall be obliged:
1. To render
assistance to the competent authorities for the provision of telecommunications
through their telecommunication networks, which remain under the control of the
registered persons;
2. To fulfill the requirements of the competent authorities for
the restriction of the use of the network at time defined by
them;
3. Gratuitously
to provide the competent authorities with access to the network for
communications and calls;
4. In events of need and after coordination with the competent
authorities to develop plans for the use of the network.
Section
IХ
National Security Related Obligations
Art.
29. In events
of need related to the national security registered persons shall provide for a
possibility for the exercise of monitoring and provision of access to the
network and the provided services on the part of the specialized
authorities.
Art.
30. For
the needs of the national security and the defense of
the country registered persons shall be obliged every 6 months to present
information to CRC about the services provided through the network and
information about made expansions, modernizations and changes in the network as
well as the perspectives for its development.
Section
Х
Fees
Art.
31.
Registered persons under the License shall pay fees adding up to an amount
defined in the Tariff for the Fees Collected by the Communications Regulation
Commission pursuant to the Telecommunications Act as
follows:
1. an administrative fee – for the service – consideration of an
application;
2. a registration fee – for the administrative expenses for the
registration.
Section
ХI
Control and Sanctions
Art.
32. (1) The establishment of violations and the
imposition of sanctions for the non-observation of the conditions and the
requirements of the License shall be performed in accordance with the procedure
established by the Telecommunications Act.
(2) The
control shall be exercised by authorized employees in conformity with the
Telecommunications Act.
Cooperation
of Controlling Authorities
Art.
33. For the
exercise of the control registered persons shall be obliged to render assistance
to the empowered employees of CRC in the performance of their functions and
rights granted for the exercise of control in conformity with the
Telecommunications Act.
Section
ХII
Registration
Persons Who May Be
Registered
Art. 34. Sole
entrepreneurs and legal entities shall be registered under the
License.
Application
Art. 35. (1) Applicants shall file applications for
registration under the License in CRC in conformity with a sample form published
on the Internet site of CRC.
(2) The application shall
contain:
1. Data about the individualization of the
applicant;
2. Desired territorial
range;
3. Description of the services
provided;
4. Technical
data about the network:
a) Kind
of the subscription interface used in the network;
b) Kind
of used telecommunication devices;
c) The
standards and recommendations, according to which the telecommunication activity
shall be implemented;
d) Kind of
modulation.
(3) The
following shall be attached to the application:
1. A copy of a certificate for BULSTAT
registration certified by the applicant;
2. A copy of a tax registration certificate
certified by the applicant;
3. A current status
certificate;
4. A copy of a document for paid fees
pursuant to Art. 31.
(4) All
documents shall be presented in the Bulgarian language in two
copies.
Registration related
Procedure
Art.
36. If the
requirements under this License are met, the Communications Regulation
Commission shall register the applicant through an entry in its Register and
shall issue a registration certificate to him within a 30-day time limit from
the receipt of the application and the documents accompanying it.
Art.
37. (1) The rights and obligations for the
implementation of the activity under the License shall arise from the time of
the registration.
(2) The
rights and obligations for the implementation of the activity under the License
shall also arise in the event that the person satisfies the conditions and the
requirements stipulated in the General license, but the Communications
Regulation Commission has not pronounced its judgment within a 30-day time limit
from the filing of the application pursuant to Art. 35.
Art.
38. (1) In the events when the
person does not satisfy the conditions and the requirements stipulated in the
General license, CRC shall by a motivated decision reject the registration and
shall notify the person in writing about that within a 7-day time limit from the
adoption of the decision.
(2) In the events pursuant to Para. 1 the fee pursuant to Art. 31, Sub-paragraph 2 shall be
refunded to the applicant within a 10-day term from the entry into force of the
decision of CRC by which the registration is rejected.
Amendments in
Registration
Art.
39. (1) In event of an amendment in the data pursuant
to Art. 35, para. 2,
registered persons shall be obliged to notify CRC in writing within a 14-day
time limit.
(2) The
Communications Regulation Commission shall reflect the amendments occurred in
the registration certificate within a 30-day time limit from the filing of the
notification pursuant to Para. 1.
Erasure of
Registration
Art.
40. (1) The
Communications Regulation Commission may by a motivated decision erase the
registration under the License in the following events:
1. Essential
or systematic violation of the Telecommunications Act and the conditions of the
License;
2. Actions
of registered persons which endanger the national
security.
(2) In the
events pursuant to Para. 1, CRC shall erase the registration, if within a 30-day
term after the receipt of a warning in writing registered persons have not
suspended the violation and have not eliminated its consequences.
Art.
41. The
registration under the License shall be erased at a request of registered
persons in writing.
Art.
42. (1) The registration under the License shall be
erased in event of death of the natural person or in event of erasure of the
legal entity.
(2) The
registration may not be erased in event of death of the registered – natural
person if his heirs declare their request before CRC within a 3-month term for
the implementation of the activity, continuing the implementation of the
activity until the pronouncement of the judgment of CRC.
ADDITIONAL
PROVISION
§ 1.
Within the
meaning of the License:
1. “RLAN (Radio Local Area Network)”
shall be local radio networks for data transfer.
2. “Equivalent Isotropic Radiated Power” shall be The product of the power supplied to the antenna and the
antenna gain in a given direction relative to an isotropic antenna.
3. “Territorial range” shall be the
territory, which telecommunications are carried out through a public network
RLAN from a mobile service on.
TRANSITIONAL
AND FINAL PROVISIONS
§ 2. This
License shall be issued on the grounds of Art.
27, sub-paragraph 8 of the Telecommunications
Act and Art.
5, sub-paragraph 1 of Ordinance No 13 of 22.ХII.2003 on
Determination of Kinds of Telecommunication Activities Subject to Individual
Licensing and Registration under General License (promulgated,
State Gazette, issue 2 of 2004; amended and supplemented, issue 68 of
2004) and adopted by Decision No 1809 of CRC of 1.Х.2004.
§ 3. The
License shall enter into force from the date of its promulgation in the State
Gazette.
Annex
to Art.
12, sub-paragraph 6
Technical
characteristics of the radio equipment
1. Frequency
band 2400 - 2483,5 MHz.
2. Maximum
equivalent isotropically radiated power - 100 mW.
3. Maximum spectrum power
density:
3.1. For
direct sequence spread spectrum (DSSS) - minus 20 dBW/1
MHz.
3.2. For
frequency hopping spread spectrum (FSSS) - minus 10 dBW/100 kHz.
4. Type of
the antenna – Integral ( no external antenna
socket)
or
dedicated.
5. Minimum
data rate - 250 kbit/s.