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LAW ON
TELECOMMUNICATIONS
On 9 June, 1998 (No.
VIII-774) Seimas of the Republic of Lithuania adopted new
legislation to regulate the telecommunications
sector. The new Law on Telecommunications replaced
the Law of the Republic of Lithuania on Radio
Communication. The new law introduced a new
regulatory body, the Communications Regulatory Authority,
the concept of the National Radio Frequency Allocation
Table, and an outline of the future relations between
local cable operators and dominant telecommunications
services providers. Below are extracts of the
legislation that are significant to cable and terrestrial
broadcasters.
Chapter
I: GENERAL PROVISIONS
Article
1. Purpose and Application of the Law
1.
This Law shall establish the telecommunications
regulatory framework of the Republic of Lithuania, with
due regard to the requirements of the European Union law,
regulate relations between the telecommunications
operators and the users of their services, the
management, use and control of radio communication, as
well as the import, manufacturing, use and maintenance of
equipment radiating electromagnetic waves, ensure an
effective use of radio frequencies, and set forth
conditions for promoting competition in the
telecommunications sector.
2.
This Law shall not regulate licensing activities of radio
and television program broadcasters, with the exception
of the requirement to submit to the Radio and Television
Commission the basic terms and conditions of the activity
of coordinated radio and television stations frequencies
(channels) and of telecommunications networks intended
for broadcasting radio and television programs.
9.
Dominant telecommunications operator or dominant
telecommunications services provider—a person
holding a dominant position in the market under the
criteria set forth by the Law on Competition of the
Republic of Lithuania.
12.
National Radio Frequency Allocation Table—an
official document establishing distribution of radio
frequencies for radio communication, industry, science,
medicine and other needs.
17.
Radio waves—electromagnetic waves that can travel
across space unrestrictedly, in the frequency spectrum
from 9 KHz to 3,000 GHz.
18.
Assignment of radio frequency (channel)—an
authorization issued by the Communications Regulatory
Authority to use a radio frequency or a radio channel
subject to prescribed terms and conditions.
20.
Radio channels—a group of radio frequencies intended
for the transmission and reception of certain
information.
21.
Radio communication—transmission and receiving of
information by means of radio waves.
24.
Transmission—part of broadcasting of television
programs, belonging to the sphere of telecommunications
activities and covering transmission and radiation of
radio and television programs via telecommunications
networks.
26.
Telecommunications—transmission, sending, receiving
of signs, signals, written texts, images and sounds or
other information via wire, radio, optical, and other
electromagnetic systems.
27.
Telecommunications line—a physical means of
connecting any points of a telecommunications network.
28.
Telecommunications operator—a person operating his
own or another person’s telecommunications network
(maintaining, developing, managing its functioning and
interconnecting it with other networks).
29.
Telecommunications services provider—a person
providing telecommunications services through his own or
another person’s telecommunications network.
30.
Telecommunications services—services wholly or
partially related to the transmission and switching of
signals of radio and television programs via
telecommunications networks, excluding broadcasters’
activities.
31.
Telecommunications network—equipment and other
devices that ensure transmission and switching of signals
via wire, radio, optical and other electromagnetic
systems, including cable television and public television
receiving networks.
32.
Termination point—physical connections conforming to
the technical requirements and constituting a part of the
public telecommunications network, necessary for
connecting the terminal equipment to the public
telecommunications network and maintaining effective
communication via the network.
33.
Broadcaster—a person having a license issued by the
Radio and Television Commission who produces radio and
television programs for transmission and transmits them
or grants permission to a third party to transmit them
completely and unaltered.
34.
Universal services—a minimum of telecommunications
services approved by the Government that is provided to
all customers.
Chapter
II: REGULATORY BODIES OF TELECOMMUNICATIONS
ACTIVITIES
Article
3. Regulatory Bodies of Telecommunications
Activities
1.
Telecommunications in the Republic of Lithuania shall be
regulated, on behalf of the State, in a manner prescribed
by this Law by: 1) the Government or an authority
designated by it; 2) the Communications Regulatory
Authority.
2.
Telecommunications for ensuring national defense,
security, protection of state borders, civil aviation,
safety of railway traffic and the uninterrupted and sound
functioning of the energy sector shall be regulated by
the relevant public authorities within the limits of
their competence.
Article
4. Functions of the Government or an Authority
Designated by it in the Telecommunications Sector
1.
The Government or an authority designated by it shall
perform the following functions:
(1)
develop and implement state policy in the
telecommunications sector;
(2)
cooperate with telecommunications agencies in foreign
countries and, within the limits of its competence,
represent the Republic of Lithuania in international
organizations;
(3)
approve the list of universal services;
(4) in
cases set out by this Law, issue licenses for
establishing and operating telecommunications networks,
with the exception of the networks established and
operated under the licenses issued to broadcasters by the
Radio and Television Commission;
(5) in
cases set out by this Law, issue licenses to provide
telecommunications services, with the exception of
services provided under the licenses issued to
broadcasters by the Radio and Television Commission;
(6)
after declaration of a state of war or an emergency, or
in the event of imminent war, natural disasters or other
cases, regulate, within the limits of its powers,
telecommunications activities, and issue orders mandatory
to all the owners of telecommunications networks and
facilities and to telecommunications operators;
(7)
perform other functions set forth by the laws and other
legal acts of the Republic of Lithuania.Article 5.
The Communications Regulatory Authority 1. The
Communications Regulatory Authority shall be an
independent institution of the Government regulating
communications activities and implementing provisions of
this Law, acting in accordance with this Law, other laws
of the Republic of Lithuania, and its own
regulations. The Agency shall be financed from the
State budget.
2.
Regulations of the Communications Regulatory Authority
shall be approved by the Government.
3.
The Communications Regulatory Authority shall be a legal
entity, having a state seal, and shall be able, in its
own name, to acquire property and individual non-property
rights and obligations.
4.
The Communications Regulatory Authority shall be headed
by Director. The Director and the Agency board
shall be appointed for a period of five years and may be
dismissed by the President of the Republic at the
recommendation of the Prime Minister. Its
regulations are subject to the approval of the
Government,
Article
6. Tasks, Functions and Rights of the
Communications Regulatory Agency
1.
The Communications Regulatory Authority shall have the
following tasks: 1) to ensure that there is no
discrimination against telecommunications operators and
that they enjoy equal opportunities to enter into
agreements on the interconnection of telecommunications
networks; 2) to ensure that equipment and devices used in
the Republic of Lithuania conform to the technical
standards valid in the Republic of Lithuania; 3) to
ensure that there is no discrimination against the
consumers, that they enjoy equal opportunities of access
to public telecommunications networks and
telecommunications services; 4) to ensure that operators
of public telecommunications network and
telecommunications service providers discharge their
obligations that may be set in the interests of national
defense, national security, the maintenance of public
order, as well as during emergencies; 5) to ensure
electromagnetic interoperability of equipment and
facilities.
2.
The Communications Regulatory Authority shall be charged
with the following functions:
(1) to
establish the procedure and terms and conditions for
granting authorizations to engage in unlicensable
telecommunications activities and to issue
authorizations;
(2) to
monitor compliance with the license terms and conditions;
(3) to
grant authorizations for the manufacture and use of
equipment and devices and their sale, for the import and
use of radio transmission and radio monitoring equipment
and devices;
(4) to
draft the obligatory requirements for equipment and
devices, terminal equipment, for the connection of
terminal equipment to the public telecommunications
network and for the interconnection of telecommunications
networks;
(5) to
draft and approve regulations for the construction, use
and protection of telecommunications networks, general
terms and conditions of agreements on the interconnection
of telecommunications networks, the procedure for the
settlement of disputes between telecommunications
operators concerning interconnection of
telecommunications networks, as well as rules and
regulations establishing the procedure for a joint use of
conduits, cable ducts, collectors, towers and poles by
telecommunications operators;
(6) to
establish the maximum telecommunication services prices
and tariffs in cases prescribed by this Law;
(7) to
represent the Republic of Lithuania in international
organizations on the issue of Radio Regulations, to
prepare plans for the development of radio communication
and statutory acts on the regulation of radio
communication, to carry out international radio frequency
coordination;
(8) to
prepare and submit to the Government for its approval the
National Radio Frequency Allocation Table, develop and
implement the strategy for the use of radio frequencies
in Lithuania;
(9) to
prepare, together with the Radio and Television
Commission, and submit to the Government for its approval
the strategy and the strategic plan of allocation of
radio frequencies for broadcasting and transmitting radio
and television programs (the “strategic
plan”). The strategic plan shall also include
the development of telecommunications networks intended
for broadcasting of radio and television programs;
(10)
to prepare, control and supervise the National
Telecommunications Numbering Plan;
(11)
to approve the regulations for provision of
telecommunications services, and a model agreement
between telecommunications services providers and users;
(12)
to settle disputes between telecommunications operators
concerning the interconnection of telecommunications
networks and a joint use of conduits, cable ducts,
collectors, towers and poles.
3.
The Communications Regulatory Authority shall have a
right:
(1) to
control compliance with this Law, telecommunications
rules and other legal acts on telecommunications
activities;
(4) to
undertake radio monitoring;
(5) to
assign radio frequencies (channels);
(7)
under an obligation of confidentiality, to receive from
telecommunications operators all the necessary
information related to the fulfillment of the tasks
entrusted to it, including financial information.
Article
7. Inspector of the Communications Regulatory
Authority
1.
Control functions of the Communications Regulatory
Authority shall be performed by the Inspector of the
Communications Regulatory Authority. He shall be
appointed and dismissed by the Director of the
Communications Regulatory Authority.
2.
The Communications Regulatory Authority shall be charged
with the following functions:
(1) to
establish the procedure and terms and conditions for
granting authorizations to engage in unlicensable
telecommunications activities and to issue
authorizations;
(2) to
monitor compliance with the license terms and conditions;
(3) to
grant authorizations for the manufacture and use of
equipment and devices and their sale, for the import and
use of radio transmission and radio monitoring equipment
and devices;
(4) to
draft the obligatory requirements for equipment and
devices, terminal equipment, for the connection of
terminal equipment to the public telecommunications
network and for the interconnection of telecommunications
networks;
(5) to
draft and approve regulations for the construction, use
and protection of telecommunications networks, general
terms and conditions of agreements on the interconnection
of telecommunications networks, the procedure for the
settlement of disputes between telecommunications
operators concerning interconnection of
telecommunications networks, as well as rules and
regulations establishing the procedure for a joint use of
conduits, cable ducts, collectors, towers and poles by
telecommunications operators;
(6) to
establish the maximum telecommunication services prices
and tariffs in cases prescribed by this Law;
(7) to
represent the Republic of Lithuania in international
organizations on the issue of Radio Regulations, to
prepare plans for the development of radio communication
and statutory acts on the regulation of radio
communication, to carry out international radio frequency
coordination;
(8) to
prepare and submit to the Government for its approval the
National Radio Frequency Allocation Table, develop and
implement the strategy for the use of radio frequencies
in Lithuania;
(9) to
prepare, together with the Radio and Television
Commission, and submit to the Government for its approval
the strategy and the strategic plan of allocation of
radio frequencies for broadcasting and transmitting radio
and television programs (the “strategic
plan”). The strategic plan shall also include
the development of telecommunications networks intended
for broadcasting of radio and television programs;
(10)
to prepare, control and supervise the National
Telecommunications Numbering Plan;
(11)
to approve the regulations for provision of
telecommunications services, and a model agreement
between telecommunications services providers and users;
(12)
to settle disputes between telecommunications operators
concerning the interconnection of telecommunications
networks and a joint use of conduits, cable ducts,
collectors, towers and poles.
3.
The Communications Regulatory Authority shall have a
right:
(1) to
control compliance with this Law, telecommunications
rules and other legal acts on telecommunications
activities;
(4) to
undertake radio monitoring;
(5) to
assign radio frequencies (channels);
(7)
under an obligation of confidentiality, to receive from
telecommunications operators all the necessary
information related to the fulfillment of the tasks
entrusted to it, including financial information.
Chapter
III: REGULATION OF TELECOMMUNICATIONS SERVICES
Article
10. Licenses to Radio and Television Programs
Broadcasters and Providers of Transmission Services
1. A
license for provision of transmission services shall be
issued by the Government or an authority designated by
it.
2.
The broadcaster using the transmission services provided
by a third party must have a license issued by the Radio
and Television Commission, while its conditions and terms
must be coordinated with the telecommunications operator
providing transmission services.
3.
The broadcaster who has been awarded a license by the
Radio and Television Commission, granting him the right
to establish and operate his own telecommunications
networks, must obtain authorizations from the
Communications Regulatory Authority to establish and
operate telecommunications networks. The terms and
conditions of these authorizations must comply with the
basic conditions for the activities of telecommunications
networks submitted by the Communications Regulatory
Authority for the tenders organized by the Radio and
Television Commission.
Article
14. Duties and Rights of Providers and Users of
Telecommunications Services
1.
The provider and the user of telecommunications services
shall enter into an agreement on the provision of
telecommunications services.
2.
The telecommunications service provider must consider the
request, suggestions and complaints with regard to
telecommunications services provided by him and reply to
them within one month from the day of receiving them.
3.
If the subscriber is in arrears to the provider of
telecommunications services for the services provided,
the provider of telecommunications services shall have
the right to demand from the subscriber an advance
payment for telecommunications services.
4.
The provider of telecommunications services shall have
the right not to provide telecommunications services to
the subscriber if the latter is in breach of the
agreement on the provision of telecommunications
services.
5.
A discontinued provision of telecommunications services
must be renewed in accordance with the procedure and
terms stipulated in the agreement.
6.
The provider of telecommunications services must inform
the subscriber about the provided services, as well as
about each separate service provided, if the subscriber
so requests.
7.
The provider of telecommunications services must pay an
indemnity for damages to the subscriber in a manner
prescribed by the laws of the Republic of Lithuania.
8.
The agreement on the provision of telecommunications
services must provide for the procedure of establishing
and paying an indemnity where the consumer through no
fault of his own could not make use of the service
provided by the service provider.
9.
Telecommunications operators and providers of
telecommunications services, at the request of
subscribers, shall not provide information to third
persons about the number of terminal equipment, the place
of its installation and its owner, except cases provided
by the laws of the Republic of Lithuania.
10.
The dominant telecommunications operator shall manage the
expense accounts of the provided telecommunications
services according to their types, including those
telecommunications services the rates for which are not
regulated.
Chapter
IV: CONSTRUCTION, MAINTENANCE, SECURITY OF
TELECOMMUNICATIONS NETWORKS AND JOINT USE OF
TELECOMMUNICATIONS FACILITIES
Article
16. Construction and Joint Use of
Telecommunications Lines and Telecommunications
Facilities
1.
Telecommunications operators shall have the right to lay
telecommunications lines and construct telecommunications
facilities on land which, under statutory acts, is
subject to easement, without changing the intended use of
the land. Only upon obtaining authorization under a
procedure prescribed by law to change the intended use of
the land, may telecommunications operators lay
communications lines and construct telecommunications
facilities on land which, under statutory acts, is
subject to easement.
2.
During the construction or reconstruction of buildings,
bridges or other structures, the removal of
telecommunications lines and telecommunications
facilities must be carried out by construction personnel,
subject to a prior consent of the owners of
telecommunications facilities.
3.
During the laying of new lines or construction of
telecommunications facilities, the Law of the Republic of
Lithuania on Territorial Planning and the requirements of
the Law on the Assessment of Impact of Projected Economic
Activity on the Environment shall be complied with.
4.
Telecommunications operators who are constructing joint
telecommunications networks shall have the right, without
violating the statutory acts in effect in the Republic of
Lithuania, to make use of the roofs and technical
premises of multi-occupancy dwellings for installing
aerials and other necessary equipment.
5.
Telecommunications operators shall have the right to
install telecommunications equipment in premises owned by
them. For residential premises in which
telecommunications operators are tenants, installation
shall be subject to permission granted by the owner of
the premises. If telecommunications equipment is to
be installed in multi-occupancy dwellings (of three or
more flats), written, notarized consent from the owners
of all residential and non-residential premises on the
same landing, on the landing above and below, premises
sharing common walls, and of the tenants of
non-privatized flats shall be required.
6.
In the event a telecommunications operator cannot
exercise his right to lay new additional
telecommunications lines and install telecommunications
facilities, or if the costs for exercising this right are
disproportionately high, the Communications Regulatory
Authority may request any other telecommunications
operator to allow the former operator to jointly use, on
a non-discriminatory basis, the existing conduits, cable
ducts, collectors, towers, poles and other facilities, or
to install telecommunications facilities when this is
economically expedient and does not require any
additional cardinal work.
7.
The terms and conditions of using the conduits, ducts,
collectors, towers, poles and other equipment belonging
to another operator shall be established by a
contract. The telecommunications operator who owns
the telecommunications equipment referred to in this
paragraph may not refuse to ratify, amend or terminate
such a contract with another telecommunications operator
if the obligations stipulated in the contract are
fulfilled.
8.
A telecommunications operator shall pay, under the
agreement of the parties, an appropriate fee to another
operator for using his conduits, ducts, collectors,
towers, poles and other devices.
9.
In a manner prescribed by the Government of the Republic
of Lithuania, the company Lietuvos Telekomas shall buy
out the telecommunications networks installed at the
users’ expense.
10.
The Communications Regulatory Authority shall hear
disputes relating to the terms and conditions of
contracts on a joint use of conduits, cable ducts,
collectors, towers and poles, and on the rate of the
fee. If the parties to a dispute disagree with the
decision of the Communications Regulatory Authority, they
shall have the right to apply to court in a manner
prescribed by law.
Chapter
V: MANAGEMENT OF RADIO COMMUNICATION
Article
19. Assignment of Radio Frequencies (Channels)
1.
Radio frequencies (channels) shall be assigned by the
Communications Regulatory Authority in accordance with
the international commitments of the Republic of
Lithuania, the Radio Regulation, the National Radio
Frequency Allocation Table and other radio communication
regulatory enactments.
2.
Radio frequencies (channels) for broadcasting and
transmission of radio and television programs shall be
assigned in accordance with the strategic plan.
3.
The information about the frequencies of coordinated
radio and television stations intended for the
broadcasters in accordance with the strategic plan,
together with the basic terms and conditions of
activities of telecommunications networks shall be
submitted to the Radio and Television Commission.
The Communications Regulatory Authority shall issue
authorizations for the construction and operation of
broadcasting transmitters to persons holding licenses
issued by the Radio and Television Commission.
4.
The frequencies (channels) of coordinated radio and
television stations intended, in accordance with the
strategic plan, for telecommunications operators
providing transmission services, or for the
reconstruction and expansion of telecommunications
networks used for the broadcasting of radio and
television programs, shall be assigned by the
Communications Regulatory Authority.
Article
23. Radio Monitoring
1.
The Communications Regulatory Authority shall control
compliance with the requirements of the legal acts
regulating radio communication, and shall carry out radio
monitoring. By means of radio monitoring, control
and analysis shall be carried out to establish to what
extent the range of radio frequencies is occupied by
radiation of radio stations, whether the radiation
spectrums in the used frequency ranges and industrial
radio interference are in conformity with the permissible
norms, and whether the non-band, secondary and
interfering radiation is in conformity with the limit
norms.
2.
The information obtained by way of radio monitoring shall
be used only in the activities of the Communications
Regulatory Authority which are subject to this Law.
Article
27. Extraordinary Circumstances
1. In cases of force majeure and in
emergency situations, the Government or an institution
designated by it may give mandatory instructions to
telecommunications operators and providers of
telecommunications services, in a manner prescribed by
the laws and other legal acts, to protect and maintain
strategic telecommunications networks, and, if necessary,
limit public access to telecommunications networks.
2.
Telecommunications operators must provide a technical
opportunity for entities of operational activities, under
a procedure prescribed by the laws of the Republic of
Lithuania, to monitor the content of the information
transmitted via telecommunications networks, as well as
to provide all available information to said entities
about the subscribers. The foregoing shall be
reimbursed in a manner prescribed by the Government of
the Republic of Lithuania.
3.
Monitoring of the information transmitted via
telecommunications networks shall be carried out by a
body designated by the Government of the Republic of
Lithuania—an entity of operational activity.
Other entities of operational activity of the Republic of
Lithuania shall obtain information transmitted via
telecommunications networks, necessary for their work,
from said body in a manner prescribed by the Government
of the Republic of Lithuania. The software and
equipment necessary for monitoring the content of
information transmitted via telecommunications networks
shall be purchased and the activities of the division of
the institution monitoring the information shall be
financed from the state budget.
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