GENERAL
LICENSE No 215 of 29.07.2004 on Carrying out Telecommunications through Private
Telecommunication Network from the Fixed
Satellite
Service - VSAT Networks
Issued by
Decision No 1560 of 29.07.2004 of the Communications Regulation Commission,
promulgated, State Gazette, issue 75 of 27.08.2004, in force since
27.08.2004
Section
I
General
Provisions
Subject-matter
Art.
1. This License, hereinafter referred to as the "License", stipulates
the conditions for the implementation of telecommunication activities – carrying
out of telecommunications through private VSAT networks and stations from the
fixed satellite service, hereinafter referred to as "VSAT networks", as well as
the requirements with regard to persons wishing to implement
them.
Art.
2. VSAT network may have a separate control terrestrial station or
the controlling functions may be performed by any of the VSAT
stations.
Art.
3. VSAT networks use radio frequency spectrum within frequency bands
12,5 - 12,75 GHz for the Direction Space-to-Earth and 14,00 - 14,25 GHz for the
direction Earth-to-Space 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 VSAT 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.
5. The term of validity of
the registration shall not be limited.
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 build up VSAT networks from
VSAT stations whose locations and technical parameters are declared in CRC and
are entered in the registration certificate or an attachment to it.
2. To carry out telecommunications
through VSAT networks for own needs in conformity with the requirements of this
License, of the satellite organization, which they use a frequency resource from
and with the Telecommunications Act (TA).
Obligations
Art.
9. Registered persons shall be
obliged:
1. Not to carry out through their
radio equipment telecommunications in a commercial manner;
2. Not to transmit
misleading signals for calamity and/or other extraordinary circumstances and
signals, which may be taken for such;
3. Not to broadcast beyond the fixed
locations stated in CRC.
Art.
10. The technical characteristics of the stations in the VSAT
networks shall meet the following limitations:
1. The power of the transmitter shall
not exceed 2 W;
2. The Equivalent Isotropically Radiated Power shall not exceed 50 dBW;
3. The distance to the protected
borders of an airport shall not be smaller than 500 m.
Section
III
Technical
Requirements
Art. 11. 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 in the Republic of Bulgaria normative
acts, standards and other technical specifications;
6. To use solely the radio frequency
bands designated for the activity;
7. Should problems
related to the electromagnetic compatibility arise, to make at their expense the
relevant instructed by CRC changes in the location and parameters of stations
from the network.
Requirements
for the Implementation of the Activity
Art.
12. Registered persons shall be obliged to carry out
telecommunications 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.
13. Registered person 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.
14. (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.
Section V
Provision
of Telecommunications in Crises of Non-Military Nature, Introduction of Regimes
of “Martial Law”, “War Time” or State of Emergency
Art.
15. 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 VSAT
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 VSAT networks at time defined by
them;
3. To provide the
competent authorities with gratuitous access to the VSAT networks for
communications and calls.
Section
VI
Fees
Art.
16. In conformity with the effective Tariff for the Fees Collected by
the Communications Regulation Commission pursuant to the Telecommunications Act,
registered persons under the License 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.
17. (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.
18. For the exercise of the control registered persons shall be
obliged to render assistance to the empowered employees of CRC in the fulfillment of their functions and rights granted pursuant
to the Telecommunications Act.
Section
VIII
Registration
Persons Who May Be
Registered
Art.
19. 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. Technical data about the VSAT
networks and the stations in conformity with the Annex.
(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. Current status
certificate;
4. A copy of a document for fees paid
pursuant to Art. 16.
(4) All documents shall be presented
in the Bulgarian language in two copies.
Registration related
Procedure
Art.
21. 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.
22. (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. 20.
Art.
23. (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. 16, 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.
Art.
24. Within a two-month term after
the registration the applicants shall present the following before
CRC:
1. A copy of the Contract with the
satellite organization or a copy of the Contract with the operator of the
controlling terrestrial station;
2. An evaluation of the hygiene
protective zone around the antenna of each station in a tabular and/or graphic
kind for the maximal power of the transmitter defined in conformity with Ordinance No 9 of 1991 on Maximal Admissible
Levels of Electromagnetic Fields in Populated Territories and Determination of
Hygiene Protective Zones Around Emitting Sites (promulgated, State Gazette,
issue 35 of 1991; corrected, issue 38 of 1991; amended and supplemented, issue 8
of 2002).
Amendments
in Registration
Art.
25. (1) When an amendment in the
data pursuant to Art. 20 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.
26. (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.
27. The registration under the
License shall also be erased at a request of registered persons in writing.
Art.
28. (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.
§
1. Within the meaning of this License:
1. "VSAT (Very Small Aperture
Terminal) station" shall be a terrestrial station with a small aperture of the
antenna in the fixed satellite service with key characteristics defined in
Recommendation ITU-R S.725.
2. A "terrestrial station" shall be a
station in the fixed satellite service, located on the earth surface and
designated for the carrying out of telecommunications with one or more satellite
stations.
3. "VSAT network" shall be a group of
VSAT stations, declared in CRC with a defined title and working with one
satellite.
4. "Controlling terrestrial station
in VSAT network" shall be a terrestrial station, which implements the access of
the VSAT stations in the network to the satellite radio channel, the connection
between the VSAT stations and the release of the radio
channel.
5. " Equivalent IsotropicRadiated 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.
6. The maximal permitted power of the
transmitter shall be expressed by peak power. In connecting the antenna to more
than one transmitter or in radiation of more than one carrier of the peak power
shall be the sum of the powers for each carrier.
7. "Isotropic radiator" shall be a
hypothetical radiator, which radiates uniformly in all
directions.
8. "Protectable limits" shall be the terrains comprised by a
perimeter fence of an airport.
TRANSITIONAL
AND FINAL PROVISIONS
§
2. The License shall be issued on
the grounds of Art. 27, sub-paragraph 8 of the
Telecommunications Act and Art. 5, sub-paragraph 5 of
Ordinance No 13 of 2003 on 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 215 of 2001 on
Implementation of Telecommunication Activities for Own Needs for the Purposes of
a Fixed Satellite Service adopted by the State Telecommunications Commission
(State Gazette, issue 107 of 2001).
§
5. The certificate issued under General license No 215 of 2001 on Implementation of Telecommunication
Activities for Own Needs for the Purposes of a Fixed Satellite Service shall
preserve their validity.
§
6. Persons registered under General license No 215 of 2001 on
Implementation of Telecommunication Activities for Own Needs for the Purposes of
a Fixed Satellite Service shall be obliged to bring their activities in
compliance with this License within a term of up to three months from its
promulgation in the State Gazette.
Annex To Art.
20, Para. 2, Sub-Paragraph 2
Technical
Data about VSAT Network, Which Shall be Provided for with the
Application
1. General
data about the VSAT network:
1.1. Title of the VSAT network and the
terrestrial station (TS) (if any) for the needs of
licensing.
1.2. Data
about the satellite, which the TS and the VSAT network shall work
with:
- title, with which it was declared before
ITU-R;
- position of the geostationary orbit in degrees eastern
length.
1.3. Title of the satellite organization whose
satellite is used.
1.4. Method for access to the satellite radio
channel (SCPC, TDM/TDMA, DA/TDMA, DAMA, others).
2. Data about each
station:
2.1. General data:
2.1.1. Location and precise address of the
station, geographic coordinates and altitude above sea level at terrain
elevation (inclusive of measured with GPS receiver);
2.1.2. A copy of a topographic map with a
scale not bigger than 1:25 000 with indicated location of the
station;
2.1.3. Code of the receiving ray of the
satellite, which the station shall work with as stated before
ITU;
2.1.4. Frequency ranges, which the
transmitting and receiving channels are located in;
2.1.5. Diameter of the antenna and height of
the focus of the antenna over terrain elevation in [m];
2.1.6. Maximal antenna gain in a regime of
transmission with regard to an isotropic radiator in [dBi];
2.1.7. Takeoff of the horizon around the
antenna of VSAT, presented in a tabular and graphic kind as an angle of
elevation to the visible horizon, indicated from topographic maps with scale
1:25 000 in azimuth sector of 0˜ - 360˜ (maximally through 10˜), rendering an
account of the take off from higher buildings and other obstacles in the
proximity of the antenna;
2.1.8. Number of transmitting
channels;
2.1.9. Term of building up and
commissioning.
2.2. Parameters of each transmitting
channel:
2.2.1. Designation (code) of the emitted
signal in conformity with Annex S1 of the Radio
Regulation;
2.2.2. Kind of the transmitted information
from VSAT along each of the transmitting radio channels (data, telephony, radio
programs, television, official information and others);
2.2.3. Needed frequency band in [MHz] for the
provision of non-deformed transfer of the signals along each of the transmitting
radio channels corresponding to the width of the frequency band provided for by
the satellite organization;
2.2.4. Maximal peak power at the input of the
antenna in dBW for each transmitting radio
channel.