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.

 

Section II
Rights and Obligations

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.

Obligations

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.

 

Section III
Technical Requirements

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.

Section IV
Maintenance of the Network

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.

 

Section V
            Interrelations with End Users

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.

Complaints

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.

Prices of Services

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.

 

Section VI
            Provision of Information

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.

Section IХ
National Security Related Obligations

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.

Section Х
Fees

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.

Section ХI
Control and Sanctions

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.

Section ХII
Registration

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.

ADDITIONAL PROVISION

§ 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.

FINAL PROVISION

§ 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.