GENERAL LICENSE No 217 of
23.12.2003
on Carrying out Telecommunications through Public
Telecommunication Network for Data Transfer without Use of Scarce Resource and
Provision of Telecommunication Services through It
Section I
General
Provisions
Subject-matter
Art. 1. This General License,
hereinafter referred to as the License, shall stipulate the conditions for
implementation of a telecommunication activity through a public
telecommunication network for data transfer without the use of a scarce resource
and provision of telecommunication services as well as the requirements with
regard to persons wishing to implement it.
Effect with regard to Persons
Art. 2. (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 network for data transfer
without use of a scarce resource and provision of telecommunication services
through it.
(2) The registration shall be conducted under conditions of
equal treatment, publicity and transparency.
(3) The number of registered persons shall not be
limited.
Effect in Time
Art. 3. The term of validity of the registration shall not be
limited.
Territorial Effect
Art. 4. The effect of the
registration under the
license shall be spread out onto the territorial range stipulated in the
certificate.
Art. 5. 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. 6. The Communications Regulation Commission shall keep a
public register of the persons registered under the
License.
Section II
Rights
and Obligations
Rights
Art. 7. Registered persons shall be
entitled:
1. To implement a telecommunication activity –
carrying out of telecommunications through a public telecommunication network
for data transfer without the use of a scarce resource and provision of
telecommunication services through it 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 general
license solely after the issuance of an individual license or registration under
a general license for the relevant activity;
b) other telecommunication
activities, not subject to individual licensing or registration under a general
license.
Obligations
Art. 8. Registered persons
shall be obligated not to
transmit misleading signals and/or signals for help, calamity, emergency,
accident or alarm.
Art. 9. (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. 10. Registered persons
shall be obliged to commence the implementation of the telecommunication
activity within a term of up to one year from the date of the
registration.
Art. 11. Registered persons
shall preliminarily deposit before the Minister of Transport and
Communications a sample of a cryptographic key with use of cryptographic
means.
Art.
12. (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 submitted to the Cadastre
Agency.
Art. 13. Registered persons
shall be obliged to observe the requirements of the Copyright and Neighbouring
Rights Act during the implementation of the telecommunication
activity.
Section
III
Technical Requirements
Art. 14. During the implementation of
the telecommunication activity registered persons shall be
obliged:
1. To use terminal telecommunication equipment with
assessed conformity, which were put on the market in conformity with the
effective normative acts;
2. To use the terminal telecommunication equipment in
conformity with the designation and manner defined by the
manufacturer;
3. To use terminal telecommunication equipment in good
technical working order;
4. Not to alter the technical characteristics of the used
telecommunication equipment;
Art. 15. (1) Registered persons shall be obliged to implement
the activity under the license in compliance with the requirements of the
effective in the Republic of Bulgaria normative acts, standards and other
technical specifications so as to guarantee:
1. The safety of the end users, servicing personnel
and all other persons both under normal working conditions and in event of
damages;
2. The quality of the services.
(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 velocity of transmission and other characteristics of the
quality of the services in real time, both on their part and on the part of the
end user. Measurements shall not impede the normal functioning of the
network.
Art. 17. Registered persons shall be
obliged continuously to
exercise control over the quality of the services offered.
Art. 18. Registered persons may not
lodge claims to other operators and/or radio broadcasting services with regard
to possible harmful interference and restriction of their work in the event that
they do not violate the norms for electromagnetic
compatibility.
Section
IV
Maintenance of the Network
Art. 19. 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
Relations with End Users
General
Conditions
Art. 20. The Communications Regulation Commission shall develop
model general conditions for interrelations with end users which it shall
publish on its site on the Internet.
Art. 21. Registered persons shall develop general conditions for
relations with end users in compliance with the model general conditions
published on the Internet site of CRC.
Art. 22. (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
(TA).
(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. 23. (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. 24. (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. 25. Registered persons shall notify CRC and the 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
VІ
Provision of Information
Art. 26. (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
relations with end users;
3. income from the activity
under the license;
4. quality of
servicing;
5. connection to other
networks;
6. structure of the
network;
7. protocols and
interfaces.
(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. 27. 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. 28. 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. 29. 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
VІІ
Confidentiality of Messages and Personal Data Protection in Carrying out
of Telecommunications
Art. 30. 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 VІІІ
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. 31. In crises of non-military nature, in introducing a state
of “martial law” or a state of “war” or state of emergency pursuant to Art. 60а
of the law on 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 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 ІХ
National Security Related
Obligations
Art. 32. 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. 33. 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. 34. (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.
(2) The fees shall be:
1. an administrative fee – for
the service – consideration of an application;
2. a registration fee – for the
administrative costs related to the registration and the preparation and
issuance of the general license.
Section
ХI
Control and Sanctions
Establishment of Violations and
Imposition of Sanctions
Art. 35. (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. 36. 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
ХІI
Registration
Persons Who May Be Registered
Art. 37. Sole entrepreneurs and legal
entities shall be registered under the License.
Application
Art. 38. (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 the
network:
a) Kind of the subscription interface used in the
network;
b) Kind of cables used;
c) Kind of used telecommunication
devices;
d) The standards and recommendations, according to
which the telecommunication activity shall be implemented;
4. Description of the services
provided.
(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. A map with entered scale and layout of the control
center and the key units of the network and others.
(4) All documents shall be presented in the Bulgarian language in two copies.
Registration related Procedure
Art. 39. 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. 40. (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.
38.
Art. 41. (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 refuse 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. 34, Para. 2, Sub-paragraph 2 shall be refunded to the applicant within a 10-day term from the adoption of the decision of CRC pursuant to Para. 1.
Amendments in
Registration
Art. 42. (1) In event of an
amendment in the data pursuant to Art. 38, 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.
Write
off Registration
Art. 43. (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.
3. Entered false data in the documents
submitted.
(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. 44. The registration under the License shall be erased at a
request of registered persons in writing.
Art. 45. (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. 46. The registration under the License shall be erased in
the event that the registered persons do not present the report pursuant to Art.
26 for two consecutive years.
§ 1. Within the meaning of this
License:
1. "Data transfer network" shall be an aggregate of
transfer facilities and when needed commutation facilities and other resources,
not using a scarce resource, through which data transfer is performed from and
to terminal points of the network.
2. "Territorial range" shall be the territory, on
which telecommunications are carried out through a public telecommunication data
transfer network and telecommunication services are provided through
it.
TRANSITIONAL AND CONCLUDING PROVISIONS
§ 2. (1) Persons, whom an individual license was issued for
the implementation of a telecommunication activity – building up, maintenance
and use of a public telecommunication data transfer network, shall obtain
registration certificates under the License by CRC within a one-month time limit
from the promulgation of the General License in the State Gazette without paying
a registration fee.
(2) The persons pursuant to Para. 1, who have general conditions for interrelations with end users
coordinated with CRC, shall present them for coordination in CRC solely in event
of need of their bringing into compliance with the requirements of the
Telecommunications Act.
(3) The persons pursuant to Para. 1, who filed
applications for amendment or supplement of the individual license issued to
them until the entry into force of the Telecommunications Act, shall obtain
registration certificates from CRC within a one-month time limit from the
promulgation of the General License in the State Gazette, with an entry of the
declared data and circumstances in the certificates.
(4) The persons pursuant to Para. 1,
for whom amendments in the data pursuant to Art. 38,
Para. 2, sub-paragraph 1 occurred prior to the promulgation of the
General License in the State Gazette, shall declare before CRC the amendments
occurred within a 7-day time limit from the promulgation, which shall be
reflected in the certificates.
(5) The persons, who filed applications for the
issuance of an individual license until the entry into force of the
Telecommunications Act, shall file applications for registration under a General
License within a one-month time limit from the promulgation of the General
License in the State Gazette.
§ 3. The License shall be issued
on the grounds of Art. 49, Para. 1 of the Telecommunications Act, adopted by Decision No 1554 of CRC of
23.12.2003 and shall enter into force from the date of its promulgation in
the State Gazette.