GENERAL LICENSE No 203 of 29.07.2004 on Carrying out Telecommunication for Services Ancillary to Programme making and Services Ancillary to Broadcasting (SAP/SAB), Including ENG/OB

 

Issued by Decision No 1556 of 29.07.2004 of the Communications Regulation Commission, promulgated State Gazette, issue 75 of 27.08.2004,

enacted since 27.08.2004

 

 

Section I

General Provisions

 

            Subject-matter

 

            Art. 1. This general license, hereinafter referred to as the “License” stipulates the conditions for implementing telecommunication activities – carrying out of telecommunications Services Ancillary to Programme making and Services Ancillary to Broadcasting (SAP/SAB) SAP/SAB, inclusive of ENG/OB, as well as the requirements with regard to the persons wishing to carry them out.

            Art. 2. Telecommunication networks SAP/SAB, including ENG/OB, are systems of networks, inclusive of temporarily acting radio relay links and other devices designated for Services Ancillary to Programme making (SAP) or broadcasting (SAB).

            Art. 3. Telecommunication networks SAP/SAB, including ENG/OB, use the frequency bands 2300 - 2400 MHz, 10,00 - 10,15 GHz, and 47,20 - 48,50 GHz, 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. 4. (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 telecommunication networks SAP/SAB, inclusive of ENG/OB.

            (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. 5. The term of validity of the registration shall not be limited except with observation of the conditions stipulated in Art. 27.

            Territorial Effect

            Art. 6. The effect of the License shall be spread out on the territory of the Republic of Bulgaria.

            Register

            Art. 7. The Communications Regulation Commission shall keep a public register of the persons registered under the License.

 

 

Section II

Rights and Obligations

 

            Rights

 

            Art. 8. Registered persons shall be entitled:

            1. To carry out telecommunications in conformity with the requirements of this License and of the Telecommunications Act (TA);

            2. To build up and/or use telecommunication networks SAP/SAB, inclusive of ENG/OB.

 

            Obligations

 

            Art. 9. Registered persons shall be obliged not to use the radio equipment of the telecommunication networks SAP/SAB, inclusive of ENG/OB, for other purposes.

 

 

Section III

Technical Requirements

 

            Requirements to Used Technical Means

 

            Art. 10. 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 technical means 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 use radio equipment with maximal zones of attendance and maximal power at the output of the transmitters in conformity with the Annex;

            6. 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 in the Republic of Bulgaria normative acts, standards and other technical specifications;

            7. To use solely the frequency bands designated for the activity;

            8. Not to cause harmful interference to other radio services functioning on primary basis.

 

            Requirements for the Implementation of the Activity

 

            Art. 11. Registered persons shall be obliged to implement his telecommunication activity in conformity with the normative acts and the applicable technical specifications, inclusive of the Bulgarian standards, referring to the subject-matter of the License.

            Art. 12. Registered persons may not lodge any claims to other persons registered under this License users of the same frequency bands with regard to the possible harmful interference and restriction of their work, in event that they do not violate the norms for electromagnetic compatibility.

 

 

Section IV

Provision of Information

 

            Art. 13. (1) The Communications Regulation Commission may require and registered persons shall be obliged to provide it with information related to the subject-matter of the License within specifically defined terms.

            (2) The Communications Regulation Commission shall be obliged not to disclose the information pursuant to Para. 1, in the event that it represents personal data or registered persons declare it as trade secrecy.

            (3) Registered persons shall be obliged within a 7-day term prior to the commencement of work to notify CRC in writing about the location (address and/or geographic coordinates) and the term of the event, with regard of which telecommunications shall be carried out.

            (4) The requirement pursuant to Para. 3 shall not refer to cases, when the event was not preliminarily planned.

 

 

Section V

Provision of Telecommunications in Crises of Non-Military Nature, Introduction of Regimes of “Martial Law”, “War Time” or State of Emergency

 

            Art. 14. 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 Defence 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 his telecommunication networks, which remain under the control of registered persons;

            2. To fulfill the requirements of the competent authorities for the restriction of the use of the telecommunication networks at time defined by them;

            3. To provide for gratuitous access to their telecommunication networks to the competent authorities for communications and calls.

 

 

Section VI

Fees

 

            Art. 15. In conformity with the effective Tariff for the Fees Collected by the Communications Regulation Commission pursuant to the Telecommunications Act, registered persons shall pay:

            1. an administrative fee – for the service – consideration of an application;

            2. a registration fee – for the administrative expenses for registration.

 

 

Section VII

Control and Sanctions

 

            Establishment of Violations and Imposition of Sanctions

 

            Art. 16. (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 the Controlling Authorities

 

            Art. 17. 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 pursuant to the Telecommunications Act.

 

 

Section VIII

Registration

 

            Persons Who May Be Registered

 

            Art. 18. Each person who satisfies the following conditions shall be registered under the License:

            1. Who has acquired efficiency;

            2. Who has filed an application and the documents accompanying it pursuant to Art. 19 and has accepted to observe the conditions of the License.

 

            Application

 

            Art. 19. (1) For registration under the License, the applicant shall file an application to CRC in conformity with a sample form published on the Internet site of CRC.

            (2) The application shall contain:

            1. Data about individualization of the applicant;

            2. Data about the radio equipment of telecommunication networks SAP/SAB, inclusive of ENG/OB;

            3. Desired term of registration: permanently effective or of a temporary type (with initial and final date);

            4. kind of the information: data, video information, sound information, telephone information.

            (3) The following documents shall be attached to the application:

            1. A copy of a certificate for BULSTAT registration certified by the applicant (not required for foreign persons);

            2. a copy of a tax registration certificate certified by the applicant (not required for foreign persons);

            3. Current status certificate;

            4. A copy of a document for fees paid pursuant to Art. 15.

            (4) All documents shall be presented in the Bulgarian language in two copies.

 

            Registration related Procedure

 

            Art. 20. 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. 21. (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. 19.

            Art. 22. (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 under Art. 15, sub-paragraph 2 shall be refunded to the applicant within a time limit of up to 10 days from the entry into force of the decision of CRC, by which the registration is rejected.

 

            Amendments in Registration

 

            Art. 23. (1) When an amendment in the data pursuant to Art. 19 occurs, registered persons shall 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. 24. (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 or infringe the public interest.

            (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. 25. The registration under the License shall also be erased at a request of registered persons in writing.

            Art. 26. (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.

 

            Registration of Foreign Persons

 

            Art. 27. (1) Foreign persons, temporarily residing on the territory of the Republic of Bulgaria, shall be registered in accordance with the procedure established by Section VIII for the term of the reflected event.

   (2) The persons pursuant to Para. 1 shall file the application under Art. 19 not later than 30 days prior to the commencement of the reflected event, attaching documents in compliance with their national legislation, corresponding to the documents pursuant to Art. 19, Para. 3, which were translated into the Bulgarian language and legalized.

   (3) The information pursuant to Art. 13, Para. 3 shall be attached to the application.

 

 

ADDITIONAL PROVISION

 

            § 1. Within the meaning of the License:

            1. "SAP (Services Ancillary to Program making)" shall be ancillary activities for the creation of programs – activities relating to the transmission of video- and sound information during the creation of programs as films, commercials, corporate video link, concerts, theatres and other activities, not designated directly for radio broadcasting to broad public.

            2. "SAB (Services Ancillary to Broadcasting)" shall be ancillary activities for radio broadcasting – activities related to radio broadcasting during the production of own program material.

            3. "ENG (Electronic News Gathering)" shall be electronic news gathering – gathering of video- and sound material without the help of a film or a tape recorder with the use of small, frequently manual electronic cameras and/or microphones, using radio links to a studio and/or portable recording devices.

            4. "ОВ (Outside Broadcasting)" shall be outside broadcasting – temporary provision of conditions for the creation of a program with news alive, sports or other events with duration from a few hours to several weeks.

            5. "Equivalent Isotropically Radiated Power (Е.I.R.P.) dBW" shall be the sum of the power, which is supplied at the inlet outputs of the antenna in dBW, and the coefficient of amplification of the antenna in a given direction with regard to an isotropic transmitter in dBi.

            6. "Foreign person" shall be a foreign person within the meaning of the Foreign Investments Act.

 

 

TRANSITIONAL AND FINAL PROVISIONS

 

 

            § 2. The License is issued on the grounds of Art. 27, sub-paragraph 8 of the Telecommunications Act and Art. 5, sub-paragraph 3 of Ordinance No 13 of 2003 on Determination of Telecommunication Activities Subject to Individual Licensing and Registration under General license (State Gazette, issue 2 of 2004).

            § 3. The License shall enter into force from the date of its promulgation in the State Gazette.

            § 4. This License shall revoke General license No 203 of 2000 on Building, Maintenance and Use of Telecommunication Radio Relay Networks for Reporting Purposes adopted by the Telecommunications State Commission (State Gazette, issue 86 of 2000).

            § 5. The certificates issued under General license No 203 of 2000 on Building, Maintenance and Use of Telecommunication Radio Relay Networks for Reporting Purposes shall preserve their validity.

            § 6. The persons registered under General license No 203 of 2000 on Building, Maintenance and Use of Telecommunication Radio Relay Networks for Reporting Purposes shall be obliged to bring their activities in compliance with this License within a term of 3 months from its promulgation in the State Gazette.

 

 

                                Annex To Art. 10, Sub-paragraph 5

Technical Parameters for Telecommunication Networks SAP/SAB, Inclusive of ENG/OB

 


Type of link


Range


Max.Е.I.R.P.


Min. antenna gain

Tx

Rx

Cordless camera

 

< 500 m 

(22/47 GHz)

 

6 dBW/13 dBW    

0 dBi       

6 dBi

Portable link

< 2 km    

16 dBW   

6 dBi     

17 dBi

Mobile link

< 10 km     

26 dBW   

3 dBi     

13 dBi

 

Temporary point to point link

 

< 80 km     

40 dBW    

13 dBi     

17 dBi