GENERAL
LICENSE No 218
of 15 October 2004
on Carrying out Telecommunications
through Public Telecommunication Telex Network
(Adopted
by Decision No 1872 of 15.10.2004) Promulgated, State Gazette, Issue 101 of
16.11.2004)
Section
I
General Provisions
Subject-matter
Art.
1 This General License, hereinafter
referred to as the License, shall stipulate the conditions for the
implementation of a telecommunication activity through a public
telecommunication telex network and the requirements with regard to persons
wishing to implement it.
Art.
2. The
public telecommunication telex network, hereinafter referred to as the
“network”, shall provide for a direct documentary link between the subscribers
to the network.
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 a public
telecommunication telex network.
(2) The registration shall be
conducted under conditions of equal treatment, publicity and transparency.
(3) The registration may not be
assigned. Registered persons shall not be entitled to assign his rights under
the registration to third persons.
(4) The number of registered persons
shall not be limited.
Effect
in Time
Art.
4. The term
of validity of the registration shall not be limited.
Territorial
Effect
Art.
5. The
effect of the registration under the
license shall be spread out onto the territorial range stipulated in the
certificate.
Art.
6. The
minimal territorial range, which the Communications
Regulation Commission (CRC) shall register under the license for, shall be the
area as an administrative-territorial unit in conformity with the effective
legislation.
Register
Art.
7. The
Communications Regulation Commission shall keep a public register of the persons
registered under the License.
Rights
Art.
8. Registered
persons shall be entitled:
1. To
implement a telecommunication activity – carrying out of telecommunications
through a public telecommunication telex network 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 class license solely after the issuance of an individual license or
registration under a class license for the relevant activity;
b)
other
telecommunication activities, not subject to individual licensing or
registration under a general license.
Art.
9. Registered persons shall be
obligated not to transmit misleading signals and/or signals for help, calamity,
emergency, accident or alarm.
Art.
10. (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.
11. Registered persons shall be obliged to
commence the implementation of the telecommunication activity within a term of
up to one year from the time of the registration.
Art
12. Registered persons shall preliminarily
deposit before the Minister of Transport and Communications a sample of a
cryptographic key with use of cryptographic means.
Art.
13. (1) Registered persons shall create and
maintain specialized cards and registers for the built-up telecommunication
infrastructure.
(2) Copies
of the specialized cards and data of the registers pursuant to Para. 1 shall be
presented to the Cadastre Agency.
Art.
14. (1) The telecommunication devices in the network
shall meet the following requirements:
1. When
terminal telecommunication devices are used connected to the line in its
terminal points, they shall be with an appraised compliance and they shall be
put on the market in compliance with the effective normative acts;
2. The
telecommunication devices shall be used solely in conformity with the
designation and the manner defined by the manufacturer;
3. To use
solely telecommunication devices in good technical working
order;
4. Not to
alter the technical characteristics of the used telecommunication
devices;
(2)
Requirements with regard to subscription interface:
1.
Registered persons shall publish precise and authentic technical requirements
for the interfaces for connection of the terminal telecommunication devices to
their network;
2. The
technical requirements shall allow for the design of terminal devices, which may
use all services provided through the relevant interface; they shall include all
the data allowing the manufacturers to conduct tests at their choice for the
applicable essential requirements to the terminal devices.
Art.
15. (1) Registered persons shall be obligated to
implement the activity under the license by:
1.
Maintaining and using the network in such a manner that under normal functioning
and under conditions of malfunction the protection of the environment, the life
and health of the people shall be guaranteed in compliance with the normative
acts, standards and other technical specifications effective in the Republic of
Bulgaria;
2. The
parameters for work of the network and the quality of the services shall be in
compliance with the following Recommendations of the International
Telecommunication Union:
а)
Recommendations series F – general operation and quality of attendance;
b)
Recommendations
series R – telegraph transmission;
c)
Recommendations
series S – letter printing code telegraphy;
d)
Recommendations series U – telegraph commutation.
(2)
Registered persons shall be obliged to keep updated the relevant documentation
proving the compliance pursuant to Para. 1.
Art.
16.
Registered persons shall be obliged to make measurements of the parameters
pursuant to Art. 15. The measurements shall not impede the normal functioning of
the network.
Art.
17.
Registered persons shall be obliged to exercise control over the quality of the
services offered.
Art.
18. 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.
General
Conditions
Art.
19.
Registered persons shall develop general conditions for interrelations with end
users in compliance with the requirements of the Telecommunications Act (TA) and
the General License.
Art.
20. (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. 21. (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. 22. (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.
23.
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.
Art.
24. (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. quality
of attendance;
5.
connection to other networks;
6. structure
of the network.
(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.
25.
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. 26. 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.
27. 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. 28. Registered persons shall be obliged to
guarantee the secrecy of the communications and the personal data protection in
conformity with Chapter Fourteen of 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.
29. 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.
Art.
30. 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 in
compliance with Chapter Thirteen of the Telecommunications
Act.
Art.
31. 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.
Art.
32. (1) 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.
(2) The fees
shall be:
1. an administrative fee – for the
service – consideration of an application;
2. a registration fee – for the
administrative expenses for registration and the preparation and issuance of the
class license.
Establishment
of Violations and Imposition of Sanctions
Art.
33. (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.
34. 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.
Persons Who May Be Registered
Art. 35. Sole entrepreneurs and legal entities shall be registered under the License.
Application
Art. 36. (1) Applicants shall file applications for registration under the License in CRC in conformity with a sample form.
(2) The application shall contain:
1. Data about the individualization of the applicant;
2. Desired territorial range;
3. Technical
data about:
3.1.
Commutation facilities;
3.2. Transfer
medium /facilities;
3.3. Terminal
devices;
4. Standards
and recommendations used.
(3) The
following shall be attached to the application:
1. A copy of a court registration current status certificate certified by the applicant;
2. A copy of a certificate for BULSTAT registration certified by the applicant;
3. A copy of a tax registration certificate certified by the applicant;
4. A copy of a document for paid administrative fee;
5. A copy of a document for paid registration fee;
6.
Organization of the network and structure with indicated key units –
commutation, transfer facilities and the links between them.
(4) All documents shall be presented in the Bulgarian language in two copies.
Registration related Procedure
Art.
37. 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.
38. (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. 37.
Art.
39. (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. 32, Para. 2, Sub-paragraph 2 shall be refunded to the applicant within a 10-day term from the adoption of the decision pursuant to Para. 1.
Amendments in Registration
Art.
40. (1) In event of an amendment in the data pursuant
to Art. 36, para. 2, Sub-paragraph 1, 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.
41. (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.
42. The
registration under the License shall be erased at a request of registered
persons in writing.
Art.
43. (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.
Art. 44. The
registration under the License shall be erased in the event that the registered
persons do not present the report pursuant to Art. 24 for two consecutive years.
§
1. Within
the meaning of this License:
1. "Public telecommunication telex
network" shall be an aggregate of commutation, transfer facilities and
other means, not using a scarce resource, through which a telex link is
established and telecommunication services are provided.
2. "Documentary link" shall be the link
between two terminal points, through which contents of a documents are
transmitted, the transmitting party bearing the responsibility for its
authentication.
3. "Territorial range” shall be the
territory, which telecommunications through a public telecommunication telex
network are carried out on.
§
2. This
License is issued on the grounds of Art.
27, sub-paragraph 8 of the Telecommunications Act and Art. 7, sub-paragraph 5 of Ordinance No 13 of
22.ХII.2003 on Determination of the Kinds of Telecommunication Activities
Subject to Individual Licensing and Registration under General License
(State License, issue 2 of 2004), adopted by Decision No 1872 of CRC of
15.10.2004 and shall enter into force from the date of its promulgation in the
State Gazette.