GENERAL
LICENSE No 219
of 15 October 2004
on Carrying out Telecommunication through a Public Telecommunication
Telegraph Network
(Adopted
by Decision No 1873 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 telegraph network and the requirements with
regard to the persons wishing to implement it.
Art.
2. The
reception and transmission communications through telegrams shall be carried out
through the public telecommunication telegraph network, hereinafter
referred to as 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 telegraph 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 the telecommunication activity – carrying
out of telecommunications through a public telecommunication telegraph 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 interfaces:
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.
Complaints
Art. 19. (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. 20. (1) Complaints from 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.
21. Registered
persons shall notify CRC and the 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.
22. (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 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. 23. 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. 24. 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. 25. 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. 26. 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.
27. 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.
28. 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.
29. 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.
30.
(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.
31. (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. 32. 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. 33. Sole entrepreneurs and legal entities shall be registered under the License.
Art. 34. (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.
5. Information
about a manner and terms for supply of the telegrams.
(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.
35. 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.
36. (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.
34.
Art.
37. (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. 30, 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. 38. (1) In event
of an
amendm
ent in the data pursuant to Art.
34, 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.
39. (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.
40. The
registration under the License shall be erased at a request of registered
persons in writing.
Art.
41. (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.
42. The
registration under the License shall be erased in the event that the registered
persons do not present the report pursuant to Art. 22 for two
consecutive years.
§ 1. Within the
meaning of this License:
1. "Public
telecommunication telegraph network" shall be
an aggregate of commutation, transfer
facilities and other means, not using
a scarce resource,
through
which a telegraph link is established and telecommunication services are
provided.
2. "Telegram" shall be a
communication in writing of personal, economic, political, scientific and other
nature transmitted by telegraph.
3. "Territorial
range" shall be
the territory,
which
telecommunications through a public telecommunication telegraph network are
carried out on and telecommunication services are provided through
it.
§ 2. This
License is issued on the grounds of Art.
27, sub-paragraph
8 of
the Telecommunications Act and Art. 7,
sub-paragraph 4
of
Ordinance No 13
of
22.ХII.2003 on
Determination of Kinds of Telecommunication Activities Subject to Individual
Licensing and Registration under General License (State
Gazette, issue 2 of 2004), adopted by
Decision No
1873 of CRC
of 15.Х.2004
and shall
enter into force from the date of its promulgation in the State Gazette.