GENERAL
LICENSE No 202 of 29.07.2004 on Carrying out Telecommunications through
Satellite Networks for Reporting Purposes - SNG
Issued by
Decision No 1555 of 29.07.2004 of the Communications Regulation Commission,
promulgated in the State Gazette, issue 75 of 27.08.2004, in force since
27.08.2004.
Section
I
General
Provisions
Subject-matter
Art.
1. This General license, hereinafter referred to as the “License”
stipulates the conditions for the implementation of telecommunication activities
– carrying out of telecommunications through satellite networks for Satellite
News Gathering - SNG, as well as the requirements with regard to persons wishing
to implement them.
Art.
2. Satellite News Gathering are systems of transportable earth
stations used for SNG purposes.
Art.
3. Satellite networks for Satellite News Gathering - SNG, use the
frequency ranges of the fixed and mobile satellite service 12,75 - 13,25 GHz and
14,00 - 14,50 GHz Earth to Space and 10,70 - 11,70 GHz and 12,50 - 12,75 GНz for Space to Earth 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 common
use.
With
regard to Persons activity
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
for Satellite News Gathering – SNG.
(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.
Time activity
Art.
5. The term of validity of the registration shall not be limited
except with observation of the conditions stipulated in Art.
27.
Territorial activity
Art.
6. The coverage 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 the telecommunication
networks for Satellite News Gathering – SNG after registration for each network
under this license.
2. To carry out
telecommunications through networks for Satellite News Gathering – SNG, in
conformity with the requirements of this License and of the Telecommunications
Act (TA);
3. To implement telecommunication
activities subject to individual licensing or registration under general license
solely after the issuance of an individual license or registration under general
license for the relevant activity.
Obligations
Art.
9. Registered persons shall be obliged not to transmit misleading
signals for calamity and/or other state of emergency and signals, which may be
taken for such.
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 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 frequency bands
designated for the activity;
7. 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:
1. To implement
their 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.
2. To implement
his telecommunication activity with observation of the requirements of the
satellite organization, which he receives a frequency resource from, the rules
of the International Telecommunications Union (ITU), the norms of the
Telecommunications Act (TA), referring to this activity and the conditions of
this License.
Art.
12. 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.
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.
(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), where
telecommunications shall be carried out from, the use satellite operator and the
term for use of the connection.
(4) The requirement pursuant to Para.
3 shall not refer to cases, when the event was not preliminarily
planned.
PROVIDING
TELECOMMUNICATIONS IN THE EVENT OF CRISES OF NON-MILITARY NATURE AND
IN THE EVENT OF INTRODUCTION OF A STATE OF MARTIAL LAW, OR
A STATE OF WAR, OR OTHER 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
Defense and Armed Forces of the
1. To render assistance to the
competent authorities for the provision of telecommunications through their
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 satellite networks
for reporting purposes at time defined by them;
3. To provide for
gratuitous access to their satellite networks for reporting purposes to the
competent authorities for communications and calls.
Section
VI
Fees
Art.
15. In conformity with the acting 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.
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
fulfillment 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. Desired term of registration:
permanently effective or of a temporary type (with initial and final
date);
3. Kind of the information: data,
video information, sound information, telephone
information.
4. Number of networks and number of
stations in each network;
5. Data about terrestrial
stations.
(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 class 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. "Transportable terrestrial
stations" shall be the radio equipment and the antennas designated for the
transfer of news through a satellite.
2. "SNG (Satellite News Gathering)"
shall be direct broadcasting of news, when the television picture and associated
sound or solely sound is sent by a mobile radio
transmission equipment from the place of the event to a studio through a
satellite.
3. "SNG - network" shall be one or
several transportable terrestrial stations, working with one satellite and used
by the registered under this License.
4. "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 2 of Ordinance No 13 of 2003 on
Determination of Telecommunication Activities Subject to Individual Licensing
and Registration under Class 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 202 of 2000 on
Building, Maintenance and Use of Satellite Networks for Reporting Purposes – SNG
adopted by the Telecommunications State Commission (State Gazette, issue 86 of
2000).
§
5. The certificates issued under General license No 202 of 2000 on Building, Maintenance and Use of
Satellite Networks for Reporting Purposes – SNG shall preserve their
validity.
§
6. The persons registered under General license No 202 of 2000 on
Building, Maintenance and Use of Satellite Networks for Reporting Purposes – SNG
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.