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
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.
§ 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.
§
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
|
|
|
| |
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 |