Law nº 9918/2008, of 19.05.2008. Electronic Communications in the Republic of Albania
On the basis of Articles 78 and 83, point 1 of the Constitution, upon
proposal of the Council of Ministers,
THE ASSEMBLY OF THE REPUBLIC OF ALBANIA
DECIDED:
CHAPTER I.- GENERAL PROVISIONS
Article 1.-Scope of the law
The scope of this Law is to promote competition and efficient
infrastructure through principle of technological neutrality in
electronic communications and to ensure the right and adequate services
in the territory of the Republic of Albania.
Article 2.-
Exceptions from the Application of the Law
1. This Law is not applicable for the content of the services provided
through the electronic communications networks.
2. This Law is not applicable for the communications equipments
(particularly such as the radio systems and telecommunications terminal
equipments) built up and used exclusively for country defense and
security purposes. However, even in this case the frequencies use shall
be defined according to the provisions of this Law.
3. This Law is not applicable for the radio and television broadcasts as
long as it not provided otherwise in the legislation in force.
Article 3.- Definitions
In
this Law the following terms shall have the following meanings:
1.
“Access” means the availability of facilities and/or services of any
operator under defined conditions, either on exclusive or non-exclusive
basis, for the purpose of providing electronic communications services.
It covers inter alia: access to the networks elements and
associated facilities, which may involve the connection of equipment by
fixed or non-fixed means (in particular this includes access to the
local loop and to facilities and services necessary to provide and
enable services over the local loop); access to the physical
infrastructure, including buildings, ducts and masts; access to relevant
software systems including the operational support systems;
access to number translation or systems offering equivalent
functionality; access to fixed and mobile networks, in particular for
roaming; access to virtual network services.
2.
“Authority of Electronic and Postal Communications” (hereinafter AKEP)
is the regulatory body that supervises the legal framework defined by
this law, and by the Law on Postal Services, as well as by the
development policies for the field of the electronic communications and
postal services defined by the Council of Ministers.
3.
“General Authorization” – is an act of general nature, which consists of
the legal framework defined by this Law and the regulations issued by
the AKEP serving to its implementation, to ensure the right for
providing the electronic communications networks or services, and laying
down specific obligations that may be applied to all or to specific
types of the electronic communications networks and/or services.
4.
“Facility” as part of associated infrastructure of electronic
communications, includes buildings, parts of a building, or independent
premises within a building where the electronic communications
equipments are installed, as well as the construction elements such as
cable ducts, masts, antennas etc.
5.
“Associated facilities” means those facilities associated with an
electronic communications network and/or an electronic communications
service, which enable or support the provision of services via that
network or service.
6.
“Network integrity” is the functioning and ability to enter/put in
operation of the electronic communications networks that are
interconnected with each other and the protection of those networks from
the defects caused by the electromagnetic concerns and/or work load.
7.
“Calling line identification” is a function that enables the called
subscriber to identify the network termination point from which a call
generates based on the number or code assigned to that network
termination point.
8.
“Connected line identification” is a function that allows the calling
user to identify the networks termination point where the call ends
based on the number or code assigned to that network termination point.
9.
“Interference” is the influence of an unwanted energy caused by one
ore more emission combinations, radiations or induction against the
receiver in a radio communication system/station, which results in
degradation of quality, misinterpretation or loss of information to be
derived under conditions of loss of unwanted energy.
10.
“Harmful interference” means interference which endangers the
functioning of a radio navigation service or other radio-communications
services offered for safety purposes or interference that seriously
degrades, obstructs or repeatedly interrupts radio communications
services, which are operating in accordance with this Law and other
by-legal acts.
11.
“Interconnection” means the physical and logical connection of public
communication networks used by the same operator or different
undertaking in order to allow the users of one operator to communicate
with users of the same or another operator, or to access services
provided by another operator. Interconnection is a specific type of
access implemented between the operators of public communications
networks.
12.
“Numbering code” means a number or a combination of numbers without the
national code “0”, which characterizes the called numbering area. If the
National Numbering Plan is “open” and when the calling subscriber and
the called subscribers are located in different numbering areas, this
code is dialed before the number of the called subscriber.
13.
“Communication” means information exchanged or transmitted between a
limited number of users, but not including information transmitted as
part of the radio-television broadcasting services via electronic
communications network, except the cases where the information may be
related to a well-known subscriber or user who receives such
information.
14.
“Leased lines” means a service including provision of transmission
capacities between different points of the same network or different
networks, without including the commutative functions controlled by its
user.
15.
“Minister” is the minister responsible for the field of electronic
communications and postal services through the respective directorate.
16.
“Interface” is the entirety of characteristics describing the connection
point between two units of electronic communications such as for example
between two communication networks, or between the communication network
and the user’s handset. The interface might be equipment (hardware)
or a program (software).
17.
“Number” is an alpha-numeric range defined in the Numbering Plan that
serves for addressing to the electronic communications networks and
services.
18.
“Numbers of emergency services” are numbers defined in the Numbering
Plan for electronic communication services and networks for the police,
the fire-brigade, emergency hospital numbers, warning and notification
service, included in the European harmonized emergency number “112”.
19.
“Geographic number” means a national number that belongs to a certain
geographic region.
20.
“Non-geographic numbers” means a national number that does not belong to
a certain geographic region, and include:
a.
numbers for access to public mobile communications networks;
b.
numbers for access to value added services;
c.
numbers for access to services for which the entire fee for the traffic
to these services is paid by the services provider, i.e. toward numbers
that are free of charge for the users (free phone, green numbers);
ç.
numbers for access to services for which the fee for the traffic to
these services is partially paid by the caller and partially by the
provider of such service i.e. toward numbers assigned to the user
according to e pre-determined relationship (numbers with cost division,
blue numbers);
d.
numbers for public nomadic telephone service
21.
“Operator” means an undertaking/legal entity that offers or that is
authorized to offer an electronic communications network or associated
facilities;
22.
“Operator of public communications network” means an undertaking, which
has the right to construct, possess, lease and operate a public
communications network and associated facilities and to provide public
communication services.
23.
“Provider of public communications service” means an undertaking that
provides public communications services being provided with access to a
public communications network operator.
24.
“Provision of electronic communication network” means the construction,
use, supervision or making accessible/available of such network.
25.
“Provider of universal service” means an undertaking that provides the
universal service.
26.
“Terminal equipment” means the equipment connected to a network terminal
point, which serves for transmission, reception and processing of
communications.
27.
“Electronic communications equipments” means technical equipments for
emission, transmission, routing, commuting and/or receiving signals
through electro-magnetic waves.
28.
“Subscriber” means any natural person or legal entity who or which is a
party to a contract with a provider of publicly available electronic
communications services for the supply of such services.
29.
“User” means a legal entity or natural person using or requesting a
publicly available electronic communications services;
30.
“End-user” means a user not providing public communication networks or
publicly available electronic communications services;
31.
“Network terminal point” means the physical point at which a subscriber
is provided with access to a public communications network. In the case
of networks involving switching or routing, the network termination
point is identified by means of a specific network address, which may be
linked to a subscriber number or name.
32.
“Numbering Plan” means the structure of numbers and numbers’ ranges, as
well as their allocation for ensuring access to the public electronic
communications networks and services.
33.
“National Frequencies Plan” is the document stipulating frequencies
bands for different services and sets the basic conditions for the
frequency allocation and assignment, aiming at effective use of the
radio-frequencies spectrum and avoidance of interferences.
34.
“Electronic mail” means any message in the form of text, sound or image
sent over public communications network that can be stored in the
network or in the recipient’s terminal equipment until recipient
receives it.
35.
“Local loop” means the physical communication circuit that connects the
network termination point in the subscriber’s premises with the main
distribution frame (MDF) or equivalent facility/equipment in the fixed
public telephone network.
36.
“Electronic communications network” means transmission systems and,
where applicable, switching or routing equipment and other facilities,
which permits the conveyance of signals by wire, by radio, by optical or
by other electromagnetic means, including satellite networks, fixed
(circuit-and packet-switched, including internet), mobile terrestrial
networks, electricity cable systems, to the extent that they are used
for the purpose of transmitting signals, networks used for the radio and
television broadcasting, irrespective of the type of the information
conveyed.
37.
“Public communications network” means an electronic communications
network used wholly or mainly for the provision of publicly available
electronic communications services.
38.
“Public telephone network” means an electronic communications network,
which is used to provide publicly available telephone services. It
supports the transfer between network termination points of the speech
communication (voice), as well as other forms of communications, such as
facsimile and data, etc.
39.
“Public fixed telephony network” means a network, where the network
end-points are placed on a fixed location.
40.
“Public mobile communication network” means a network, where the network
end-points are not placed on a fixed location.
41.
“Undertaking” is any natural and/or legal entity, registered according
to the legislation in force, which provides electronic communications
networks or electronic communications services.
42.
“Radio-frequencies spectrum” includes electromagnetic waves in the range
of frequencies from 9 KHz up to 3000 GHz, which diffuse in space without
the need for special lines.
43.
“Electronic communications service” means a service normally provided
for remuneration, which consists wholly or mainly in the conveyance of
signals on electronic communications networks, including
telecommunications services and transmission services in networks used
for broadcasting or cable television networks, but exclude the services
providing, or exercising editorial control over the content transmitted
using electronic communication networks or services. It does not include
the information society services, which do not consist wholly or mainly
in the conveyance of signals on the electronic communications networks.
44.
“Electronic communications service available to the public” means the
electronic communications service, and none is preliminary excluded from
its usage.
45.
“Telephone service available to the public” means a service available to
the public for generating and receiving national and international calls
and access to emergency numbers through one or more numbers in a
telephone numbering plan. This service may include provision of one or
more of the following services:
a)
operator’s service;
b)
information searching services, telephone directory;
c)
offering of public free phone;
ç)
services at special conditions according to the provision in the Article
27, point 3 of this Law;
d)
offering of special terminal equipment of telecommunications for the
disabled consumers or those in need;
dh)
access to the services with non-geographic numbers.
46.
“Public land mobile telephony service” means the public telephony
service, offered to the users through a public telecommunication
network, whose terminal points are not in fixed locations, enabling
users to communicate within the areas covered by such service,
nevertheless their location.
47.
“Public fixed telephony service” means the public telephony service
provided to the users by means of terminal equipment connected to
terminal points in fixed location of public communication networks.
48.
“Nomadic public telephony service” – is the public telephony service
provided to the users through an electronic communications network where
users’ terminals are connected to terminal points of the fixed network
that can be located in different geographical units.
49.
“Radio-communications services” means the activity of communications
that includes transmission, emission, and reception of signals through
radio waves.
50.
“Information Society Services” means services provided for remuneration,
at a distance, through electronic means and upon individual request of
the recipient of the service. “At a distance” means that the service is
provided without the two parties being present simultaneously. “Through
electronic means” means that the service is sent from the point of
origin and received at the final destination by electronic equipment for
processing (including digital compression) and data storage. Sending,
transmission and receiving is made fully via cable, radio waves, optical
means, or other electromagnetic means. “Upon individual request of the
recipient of the service” means that the services are provided with the
transmission of data upon individual request.
Information society services include, in particular, the sales of good
and services, services of access to information or advertising over the
Internet and access to public communications network services,
transmission of data, or storing the recipient’s data in the public
communications network.
51.
“Value added service” means a service, which provides information,
toward a payment, through the public communication network.
52.
“Universal service” means a minimum set of public electronic
communication services of specified quality which is available at an
affordable price to all users in the territory of the Republic of
Albania, regardless their geographic location.
53.
“Cost-oriented tariff” means the tariff that reflects the cost of
efficient and fruitful usage, enabling a reasonable profit for the
undertaking/operator.
54.
“Public pay telephone” means a telephone available to the general
public, the use of which is paid for by such means as coins, and/or
credit cards, and/or pre-payment cards, including cards for use with
dialing codes.
55.
“Traffic communication data” means any data processed for the purpose of
the transmission of communications on an electronic communications
network, or for the billing thereof.
56.
“Location data” means any data processed in an electronic communications
network that indicates the geographic position of the terminal equipment
of a user of electronic communications network.
57.
“Radio-television broadcasting” means transmission of radio or
television program services via a terrestrial antenna, electronic
communications network or satellite in coded or not coded form, aimed at
reception by the public.
58.
“Call” means a connection between two end points, materialized through
the telephone service available to the public, which allows the
bi-directional communication.
59.
“Numerical geographic area” means a defined geographic region/area,
which has a certain numbering code.
CHAPTER II.-COMPETENT BODIES IN THE FIELD OF ELECTRONIC COMMUNICATION
AND THEIR COMPETENCIES
Article 4.-
Competent bodies in electronic communications field
The
competent bodies in the electronic communications field are the
Minister, the Authority of Electronic and Postal Communications (AKEP)
and the National Radio and Television Council (NRTC).
Article 5.- Minister’s
Competencies
The
Minister has the following competences:
1.
Prepares and presents to the Council of Ministers the proposal for the
policy on electronic communication field.
2.
Follows the implementation of the Policy of the Government in the
Republic of Albania relating the electronic communication field.
3.
Prepares the legal and by-legal draft-acts for the development of the
electronic communication field.
4.
Can issue orders and instructions for completing the regulatory
framework defined by this Law and Government’s policies in the sector of
electronic communications.
5.
Represents the Republic of Albania in international organizations in the
field of electronic communications. Drafts and signs international
bilateral and multilateral agreement in the field of electronic
communications on behalf of the Republic of Albania.
6.
Follows the implementation of the obligations related to the electronic
communication field arising out of the international treaties, where the
Republic of Albania adheres.
7.
Collects and processes statistical data from the undertakings that
perform their activity in the field of electronic communications.
8.
Cooperates with the Ministry of Defense, the Interior Ministry and
National Informative Service for issues of the electronic communication
field, which are related to the defense and national security.
9.
Prepares the National Radio-frequencies Plan and works for the
harmonization of this plan with the international policies on the
development of the radio-frequencies spectrum.
10.
Approves the possible limitations in allocation of the frequencies and
respective tendering procedures for their allocation, based on AKEP
proposals.
11.
Approves the providers of universal service, and the respective
procedures on selection of the universal services provider/providers,
based on AKEP proposals.
12.
Coordinates national services of coastal radio interconnection.
13.
Supports the radio-amateur activity in the Republic of Albania.
Article 6.- Authority of
Electronic and Postal Communications
1.
The Authority of Electronic Communications is the regulatory body in the
field of electronic communications and postal service which supervises
the regulatory framework defined by this law, and by the Law on postal
service and the development policies defined by the Council of
Ministers.
2.
AKEP is a public, independent, non-budgetary, legal entity, which
exercises its activity in compliance with legislation in force. AKEP in
its work and decision-making within its competencies is independent.
Location of AKEP is in Tirana.
Article 7.- Regulatory
Objectives
1.
AKEP shall perform its functions in compliance with this Law and other
by-legal acts, as well as in accordance with the national sector
policies for the development of the electronic communications, and in
compliance with the international agreements in the field of electronic
communications, where the Republic of Albania adheres.
2.
Regulation in the electronic communications field shall respect the
principle of technology-neutrality. New technologies and services, as
well as the newly created markets shall be subject of regulation under
this law up the measure necessary to prevent the deformation of the
competition and to meet the objectives of this law.
3.
AKEP shall promote effective competition in the provision of the
electronic communications networks, electronic communications services,
associated facilities and services by:
(a)
creating opportunities for every category of users of the electronic
communications services, including the users with special needs, that
toward the tariffs, in every case not higher than EU average tariff,
based on the selection to benefit maximally alternative service,
qualitative and in compliance with the standards approved by AKEP;
(b)
protecting the interests of the electronic communications users,
protecting the users’ personal data and privacy;
(c)
protecting the national security interests;
(ç)
ensuring free and effective competition in the electronic communications
sector;
(d)
ensuring that the integrity and security of the public electronic
communications networks are maintained;
(dh)encouraging efficient investment in the infrastructure of the
electronic communications and prompting innovation aiming at achieving
the highest quality for their products;
(e)
encouraging efficient use of the radio-frequencies and the numeric space
as limited natural resources;
(ë)
ensuring non-discrimination and parity in the treatment of undertakings
providing electronic communications networks and services.
Article 8.- AKEP Competencies
In
order to meet the purpose and the regulatory objectives under this law,
AKEP shall have the following competencies:
(a)
to supervise, control and monitor the activities of electronic
communications networks operators and providers in compliance with this
Law, and other by-acts serving to the implementation of this law;
(b)
to regulate access and interconnection between electronic communications
networks in compliance with stipulations of this law, by-legal acts for
its implementation, and to ensure that the undertakings are not
discriminated and they have equal opportunities and transparent,
objective and fair conditions;
(c)
to approve the reference offer for the access and/or for
interconnection, as well as the reference offer for the unbundled (not
restricted) access to the local loop of the Operators with significant
market power, which shall be in compliance with requirements of this
Law, the by-legal acts, as well as with tariffs not higher than EU
average tariff;
(ç)
to designate the undertakings (operators) with significant market power.
(d)
to conduct the registration of operators of the electronic
communications networks and providers of electronic communications
services in the end of the notification process;
(dh)
to undertake measures and defines protective measures on the operators
of the electronic communications networks and providers of the
electronic communications services for not allowing non-competitive
practices.
(e)
to cooperate with the Minister on preparation of the National
Radio-frequencies Plan;
(ë)
to prepare the Radio-frequency Usage Plan and to administer the
radio-frequencies bands assigned for civil purposes, public or private
usage, except the frequency band assigned for the radio and television
broadcasting, which are administered by NRTC;
(f)
to monitor the use of the radio-frequency spectrum in compliance with
the National Radio-frequency Plan (NRFP) and Frequencies Usage Plan;
(g)
to issue individual authorization for radio frequencies usage;
(gj)
to follow the procedures stipulated by the law on the radio-frequency
allocation and use, following the respective approval;
(h)
to conduct the coordination of radio-frequency allocation and use with
the administrations of neighboring and other countries, related to the
part of the spectrum it administers;
(i)
to prepare, approve and administer the National Numbering Plan for the
electronic communications networks and services in the Republic of
Albania;
(j)
to assign numbers and numbers’ ranges to the operators of the public
electronic communications networks and providers of electronic
communications services;
(k)
to administer cc.TLD.al domain, its sub-domains, as well as ENUM.
(l)
to undertake administrative measures in compliance with this law in
cases of violation of this law and acts issued for the implementation of
this Law.
(ll)
to supervise implementation of requirements of this law on tariffs of
the electronic communications services available to the public and to
take the appropriate regulatory measures for the implementation of this
Law.
(m)
to manage and administer the Universal Service Fund.
(n)
to resolve disputes between the operators of electronic communication
networks and providers of electronic communication services according to
the provisions of this Law.
(nj)
to create, maintain and update an electronic database from the
electronic communications sector and ensure that those data/information
are made available to the public in compliance with the rules on public
informing and keeping of confidentiality.
(o)
to collect data and information from the networks’ operators and
providers of electronic communications services.
(p)
to issue regulations for the implementation of this law, of other legal
and by-legal acts in force, which are mandatory.
(q)
to carry out acknowledgement of conformity for “radio” and
telecommunications terminal equipments;
(r)
to administer and implement of national and international standards and
also technical rules in the field of electronic communications.
(rr)
to ensure that the operators of the electronic communications networks
and providers of electronic communication services fulfill the
liabilities related to the interests of country defense, public security
and in case of war or extraordinary situation/state.
(s)
to cooperate with national and international organizations in the field
of electronic communications.
(sh)
to carry out the procedures on designation of universal service
undertaking/provider according to the provisions of this Law in Chapter
V.
Article 9.- AKEP Reporting
1.
AKEP is accountable for its work before the Assembly of the Republic of
Albania.
2. At
the end of each year, AKEP submits before the Assembly an annual report
on its activity within the first quarter of the following year.
3.
The Annual Report referred to in the paragraph 2 of this Article, in
particular, shall contain:
a)
Reporting on AKEP work during the previous year;
b)
Annual Program for the work for the coming year;
c)
Reporting on the status of the Universal Service;
ç)
Reporting on the implementation of AKEP annual financial indicators.
4.
AKEP Annual Report shall be available to the public.
Article 10.- Provision of
Information to the Ministry
1.
AKEP shall provide the Minister, any information that might be deemed as
necessary for satisfaction of the development policy objectives and the
competences stipulated in this Law, and those of the Law on Postal
Service.
Article 11.- NRTC Competencies
NRTC
organization, duties and competencies are defined in a special/separate
Law.
Article 12.- Cooperation
1.
AKEP shall cooperate with the state bodies and structures, organization
of protecting the users/consumers interest for issues related to the
implementation of this Law.
2.
AKEP and the Competition Authority shall cooperate for issues regarding
common interest related to the implementation of the legislation in
force on competition in the field of electronic communications and
postal service.
CHAPTER III.- GENERAL AUTHORIZATION REGIME
Article 13.- Authorization
1.
Any undertaking is free to offer electronic communications networks and
services in the Republic of Albania in compliance with the provisions of
this Law.
2.
Provision of electronic communications networks and services in the
Republic of Albania is made toward AKEP authorization, expect the cases
when the electronic communications networks and/or services:
a)
are not used for profiting (commercial) purpose and when they are not
available to the public;
b)
are used only for private uses needs or for internal needs of the
institutions;
3.
Authorization to offer electronic communications networks and services
in the Republic of Albania shall be made:
a)
via notification – where the offering of electronic communications
networks and services does not require the use of restricted natural
resources;
b)
after the notification and issuing the right of use - where the offering
of electronic communications networks and services requires the use of
restricted natural resources;
4.
The undertaking authorized to offer electronic communications networks
or services in the Republic of Albania is entitled:
a) to
negotiate for interconnection, and, when applicable, to have access from
other undertakings of the communications networks and services available
to the public in compliance with the provisions of this Law.
b) to
have the opportunity to participate in being designated as provider of
universal service for special services under the scheme of universal
service or in certain parts of the territory in the Republic of Albania.
Article 14.- Notification
1.
Any undertaking, that for profit purpose foresees to offer an electronic
communication network or service, shall notify AKEP prior to the
commencement of operation, change/alteration or cessation.
2.
The notification shall be made in writing and should contain the
following information:
a)
provider’s name and address;
b)
data/info on legal registration of the undertaking;
c)
contact person of the undertaking;
ç)
short description on network or service;
d)
date foreseen for the activity commencement, change or cessation.
3.
Notification shall be accompanied with:
a) a
declaration that the information is accurate;
b) a
declaration that the undertaking shall implement the legal obligations.
4.
Undertakings (operators and providers of the service) shall be obliged
to report to AKEP all changes in the information submitted in the
notification within 30 days following their occurrence.
5.
AKEP shall register the operators or service providers in the electronic
database within 15 days of the receipt of notification, as well as it
shall confirm them in writing for their registration.
6.
Within 15 days of receipt of an incomplete notification request
according to the requirements in points 2 and 3 of this Article, AKEP
shall inform the undertaking for the need to complete the missing
documents. The completion of such document should be done within a
time-term not shorter than 10 days and not longer than 30 days.
7. In
case AKEP does not confirm in writing within the time-term pursuant to
point 5 of this Article, or it does not confirm to the undertaking for
the completion of the missing document pursuant to point 6 of this
Article, the notification is considered as full, and the respective
registration is considered as done/completed.
8.
AKEP, by means of a regulatory document pursuant to this Law, shall
define in details the form and content of the request for notification
of the supporting documents and the registration confirmation, this
document shall be made public and easily accessible for the public.
9.
AKEP shall administer in an updated database register for the natural
persons and legal entities, which are notified according to the
provision of this Article. Maximally the database shall contain the
information specified in the point 2 of this Article. Database shall be
available to the public, in order to allow the remote access.
Article 15.- General Conditions
1. In
the general authorization AKEP may include conditions related to:
a)
financial contribution for financing universal service;
b)
interoperability of services and interconnection of networks;
c)
provision of availability and use of numbers from the Numbering Plan for
the end-users, including conditions for this use;
ç)
environment protection, territory planning, access to immobile estates,
including their use, collocation or joint use of the equipment,
including, if applicable, any financial or technical warranty that might
be necessary for performing the activity;
d)
protection of personal data and privacy;
dh)
consumers’ protection;
e)
restrictions in content transmission, in case it violates the legal
framework;
ë)
information, which should be provided in the notification procedure
according to the Article 14 in the procedure for issuing the right for
using the restricted resources (frequencies and numbering), as well as
the information that should be submitted to AKEP and other bodies
pursuant to the Article 16 of this Law;
f)
permission for interception by competent authorities defined in the
legislation in force on interception of telecommunications and
implementation of other liabilities arising out of this legislation.
g)
conditions for provision of electronic communications network in state
of risk, emergency, war;
gj)
protection of the citizens from harmful affects of electromagnetic
radiation dispersed by the electronic communications networks;
h)
obligation to offer access;
i)
maintenance of public communication networks integrity and prevention of
electromagnetic interference through electronic communications networks
and services;
j)
protection of public communications networks from unauthorized access;
k)
radiofrequencies use, ensuring effective use of the radiofrequencies
spectrum and prevention of harmful interferences;
l)
obligation to satisfy the technical standards and specification of the
networks and equipments for constructing the networks and offering the
electronic communications services, as well as other services and
associated facilities according to the provisions of this Law.
Article 16. Obligation for providing information
1.
Undertakings of electronic networks and services shall be obliged to
provide data and other information requested by the Minister and AKEP,
at their request, with the aim to meet their functional duties serving
to the implementation of this Law.
2.
The sort of data, time-terms and way of their submission are defined by
the competent bodies accordingly.
Article 17.- Special
Obligations
1.
AKEP is entitled pursuant to the provisions of the law, to impose
special obligations to the undertakings that perform activities in the
filed of electronic communications. These obligations shall be applied
outside the conditions specified in the general authorization, and in
compliance with the consultations and procedures specified in the
Articles 35 and 110 hereof.
2.
Special obligations stipulated in the paragraph 1 above are:
a)
obligations on provision of universal service in compliance with Chapter
V hereto;
b)
special obligations specified in this Law on SMP operators in the
relevant markets;
c)
obligations on access to network in compliance with Article 42 hereto.
3.
AKEP shall publish information on imposing special obligations according
to the provisions in Article 118 hereto.
Article 18.- Amendment and
Revocation of General Authorization
1.
AKEP shall amend or revoke the rights, terms and procedures regarding
the general authorization and usage rights in objectively justified
cases and proportionally after the public consultation as specified in
the Article 110 hereto. The objectively justified cases include:
a)
change of the key facts, on the basis of which the rights, conditions
and procedures in the general authorization and in usage rights;
b)
satisfaction of commitments arising out of the membership of the
Republic of Albania into international organizations;
c)
needs for country defense and security;
ç)
needs for protecting the public interest.
2.
Amendment and revocation of rights, conditions and procedures regarding
the general authorization and usage rights is made with AKEP decision.
Article 19.- Issuing the right
for use
1.
Undertakings in need for allocation of scarce natural resources
(frequencies and numbering), in the notification to be submitted to AKEP
according to the provisions in Article 14, shall request issuing of the
right for using them.
2.
Issuing the right for the frequencies use shall be made in compliance
with the provisions of Chapter VII hereto.
3.
Issuing the right for Numbering use shall be made in compliance with the
provisions of Chapter IX hereto.
CHAPTER IV.- ELECTRONIC COMMUNICATIONS NEWORKS AND SERVICES
Article 20.- Provision of
Electronic Communications Networks and Services
1.
Undertakings that construct and/or use electronic communications
networks and provide services are obliged to meet the conditions
pursuant to this Law and other legal acts and by-laws, as well as the
regulation issued based on this Law, in order not to endanger the public
order, human life and health, public security and defense of the
country.
2.
Where the electronic communications networks require the use of
radiofrequencies, the undertakings shall be obliged to obtain a
preliminary approval for the use of radiofrequencies according to the
provisions in the Chapter VII of this Law.
Article 21.- Construction and
maintenance of Electronic Communications Networks
1.
Electronic communications networks and associated infrastructure shall
be constructed and operated in compliance with this law, and other acts
serving to this law, and legal framework on territory planning and
construction, the legal framework on protection of environment, as well
as with other technical standards.
2.
Maintenance of public communications networks and associated
infrastructure shall be conducted in compliance with the construction
regulation on:
a)
completion and upgrading of the existing facilities of public
communications networks;
b)
reconstruction of existing antenna systems;
c)
renewal and reconstruction of existing facilities of public electronic
communications networks;
ç)
enlarging the existing capacities or installation of new communication
systems and public access networks;
d)
enlarging the existing power supply systems.
Article 22.- Joint Use of Facilities and Assets
1. In
cases where the economic use of space, city planning and protection of
environment requires so, operators of the public electronic
communications networks that have the right to construct and install
communication equipments in the private or public property shall
construct or install them in such way as to enable their joint use.
2.
Undertakings of public communications networks shall be obliged to reach
to conclude agreements for the joint use of facilities and assets in the
terms provided in the Article 1 hereto.
3.
AKEP shall encourage the undertakings of the public communications
networks to reach agreements for the joint use of the facilities and
assets.
4. An
undertaking of public communications network may refuse a request for
joint use of the facilities and assets in the following cases:
a) if
the joint use of facilities and assets is technically unfeasible or
damages the network’s integrity and security;
b) if
the party asking for joint use does not agree to pay the fee for the
joint use of the facilities and assets.
5. In
case the undertakings of public communications networks do not reach to
an agreement among them, AKEP, at request of any party, shall initiate a
procedure on dispute resolution according to the provision of this Law.
6. In
cases where the joint use requires reconstruction of the communication
facilities and assets, the reconstruction costs shall be borne by the
party requesting the joint use.
7. In
cases where the undertakings can not reach an agreement related to the
payment/fee for the joint use of the infrastructure and equipments,
AKEP, within 30 days from the date of request submission by any either
concerned party, shall decide the amount of payment/fee in compliance
with the respective regulation approved for this purpose.
Article 23.- Use of Networks
for Own (Private) Use for Public Communications Services
1.
Legal entities, whose main activity is in an area other than the
provision of electronic communications networks or services, but that
have under ownership such networks or services for their own use, if
they decide to offer electronic communications services and networks for
the public, shall be obliged to notify AKEP according to the obligations
arising out of Article 14 hereto.
2.
Where the legal entities referred to in point 1 of this Article, decide
to offer public electronic communications networks or services, shall
establish another legal entity or to keep separate financial accounts
for the revenues arising from the provision of the public services
and/or network.
Article 24.- Payment for
supervision of electronic communications market
1.
Undertakings providing public communications networks and/or services
shall be obliged to pay an annual payment for supervision of the market
of electronic communications by AKEP. This payment is made to cover AKEP
administrative costs.
2.
Annual payment defined in point 1 of this Article shall not be more than
0.5% of the annual gross revenue of the previous calendar year.
3.
Undertaking shall make the annual payment for the supervision of the
market of electronic communications to AKEP, within 30 April of each
year, and following the submission of the annual balance sheet and a
report of the accounting expert which is filed by the undertaking to
AKEP.
4.
The level of annual payment for supervision of the electronic
communications, market within the limit of 0.5% of the annual revenues,
shall be defined by AKEP in a regulation issued pursuant to this Law.
5.
Definition of the annual payment level for the market supervision shall
not distort the competition or to create barriers for the entering into
market of new undertakings.
6.
Prior to the approval of the regulation according to the provisions in
point 4 of this Article, AKEP shall notify in writing the undertakings
to submit their opinions and proposals in writing regarding the annual
payment, method of calculation and its implementation. The deadline for
submission of proposals by the undertakings is 30 days from the date of
receipt of notification. The failure to submit the opinions and
proposals within this deadline shall not comprise any hurdle to AKEP to
act in compliance with point 4 of this Article.
7.
The annual payment for supervision of electronic communication market
shall be made on AKEP accounts.
CHAPTER V.- ENSURING UNIVERSAL SERVICE
Article 25. Universal Service
1.
Universal Service shall include:
a)
connection of the end-user to the public telephone network at his/her
request by ensuring access to the telephone service available to the
public from a defined geographic location, enabling the user to make and
receive local, national and international calls, facsimile
communications and data communication at a minimum speed of 32 kbit/s;
b)
publication of the printed telephone directory (including the electronic
form as well), that meets the general requirements provided in the point
2 of this Article;
c)
ensuring public pay telephone, satisfying the reasonable needs of the
end-users in the entire territory in the Republic of Albania. Public pay
telephone shall enable the connection to free emergency calls, without
having to use any means of payment foreseen for them;
ç)
ensuring conditions for equivalent access to and use of telephone
service made available to the disabled end-users, including access to
emergency calls services and information in telephone directory for all
users in the Republic of Albania.
2.
Universal service provider appointed by the AKEP for the publication of
general telephone directory shall reflect at least once a year the
changes occurred. General Telephone Directory shall contain at least:
the full name of the subscribers, address, relevant telephone number,
except for the subscribers that have requested in particular that the
said information not be made public.
3.
Providers of public telephone services shall provide information on
their subscribers to the providers of universal services, so that they
shall include those data without exception to the general Telephone
Directory, as well as in the Information Service provided by the
Universal Service Provider.
4.
Where a service provider does not provide the provider of universal
service with the data on its subscribers, AKEP shall oblige the provider
of telephone service to submit those data within a certain period of
time. Universal Service Provider shall include those data in the general
Telephone Directory and in Information Services with no discrimination
on telephone service providers.
Article 26.- Ensuring Universal
Service
1.
AKEP shall designate one or more providers of universal service.
2.
AKEP shall initiate a public tendering process for the purpose of
selecting one or more providers of universal service.
3.
AKEP in the process of selecting one or more providers of universal
service shall be based on the principles of effectiveness, objectiveness
and transparency.
4.
When certain services under the universal service scheme are not
sufficiently preset or they are not present at all, AKEP may conduct a
tender process for selecting a provider of such services. In event the
tender fails, AKEP may, after a consultations process with the parties
concerned, and after the Minister approval, select a universal service
provider.
5.
AKEP shall define the tender procedure, in compliance with the
legislation in force and on basis of objective and transparent criteria
for selection of a universal service provider that shall include:
a)
the ability of the provider to provide universal service in a certain
area within the period of time defined in the tender documentation;
b)
the necessary fund amount for providing the service and the relevant net
costs of such provision, and the corresponding amount of compensation
from the universal service fund required by the operator to implement
its universal service.
6.
After the complement of the tendering procedure and following the
preliminary approval of the Minister, AKEP signs the agreement with the
universal service provider.
7.
AKEP consistently shall supervise the activity of the universal service
provider. Universal service provider shall be obliged to submit data
about its activity/operation to AKEP at least once a year.
Article 27.- Tariffs and General Terms on universal service
1.
AKEP shall monitor changes and level of tariffs of the services offered
under the universal service.
2.
Tariffs of individual services provided under universal service shall be
the same throughout the territory of the Republic of Albania.
3.
Universal service providers may offer optional tariffs, special tariff
packages and special payment methods for subscribers with low income
and/or special needs, in compliance with the legislation in force.
4.
Universal service providers shall be obliged to define the tariffs and
the general terms of payment in such a way that subscribers of specific
service provided under the universal service are not obliged to pay for
services, which are not necessary or not required for the provisions of
services included under the universal service scheme.
5.
Tariffs for universal service are subject to regulation according to the
provisions of this law.
6.
Universal services providers shall be obliged to provide their
subscribers with the opportunity to use of services such as: selective
call barring for outgoing calls, itemized billing for the services,
pre-payment system to pay for access and use of services.
Article 28.- Quality of
Universal Service
1.
AKEP shall define the technical requirements for the universal service
quality, the technical parameters and their measuring and the minimum
quality requirements.
2.
Universal service providers shall be obliged to publish at least once a
year the information on the universal service quality.
3.
AKEP shall monitor the quality of universal service and may take action
as appropriate for ensuring quality of the universal service in
compliance with point 1 of this law.
4. In
case AKEP has a reasonable doubt regarding the truthfulness of the
information provided according to point 2 of this Article, AKEP, in
accordance to the duties charged under this law, may conduct a
control/audit through an independent audit expertise. The cost of
independent audit expertise shall be covered by the universal service
provider subject to such audit.
5. In
case the measured values of the technical quality parameters for a
certain universal service provider fail to achieve the performance
targets at least three times in succession, AKEP may initiate a
procedure to revoke the designation of this undertaking as provider of
universal service and designate a new universal service provider.
Article 29.- Compensation
scheme for ensuring Universal Service
1.
Universal services providers shall be entitled to compensation if the
provision of the services according to the Article 25, point 1, letter
“a” and Article 27, point 3 of this law causes additional costs. If AKEP
concludes that those costs exists, and they comprise an unfair
additional burden to the universal service provider, AKEP shall
calculate them as net costs for providing specific service under the
universal service scheme.
2.
Compensation according to point 1 of this Article may under no
circumstances exceed the real cost for providing the universal service.
3.
Real costs according to point 2 of this Article shall be calculated as a
difference between the real costs for providing the universal service
and the costs that the universal service provider would have had if he
had not been a universal service provider, wherein any benefit to the
universal service provider arising from the provision of the universal
service, including any intangible benefit, is taken into account.
4.
AKEP shall define the methodology for calculating the real costs and
intangible benefits that should be taken into consideration in the
calculation of real costs of universal service provision and in doing
that it shall take into account the EU recommendation on universal
service.
5.
Universal service providers shall be obliged to keep separate accounts
for the costs of providing universal service.
6.
Universal service providers shall be obliged to submit to AKEP within 30
April of each year the information on real costs, annual balance sheet
and the data used for calculating the real costs for providing the
universal service. Otherwise, they shall lose the right to declare the
real costs.
7.
AKEP shall appoint an independent audit expertise for conducting the
audit as well as for verifying the information presented according to
the point 6 of this Article.
8.
AKEP confirms the calculation of real costs for provision of universal
service. If the universal service provider was selected in a public
tender procedure, AKEP shall consider in its assessment the costs of
providing the universal service offered by the provider in the tender
process. AKEP shall consider the differences in cost only in cases when
the conditions at the time of the public tender have changed and when
the universal service provider proves to AKEP in convincing, objective
and transparent way the differences in the cost. AKEP shall public the
results of the costs calculation and those of the expertise/audit
conducted on the information submitted from the universal service
provider.
9.
AKEP shall define the compensation level. On the basis of the
calculations, AKEP may decide that the universal service provider is not
entitled to compensation or it is entitled to less compensation than
that requested by the provider.
10.
Universal service provider may appeal against the decision made
according to point 9 of this Article according to the legislation in
force.
Article 30.- Financing of
Universal Service
1.
For compensation of real costs of universal service provision the
universal service fund shall be created. The universal service fund is
managed and administered by AKEP. This fund is untouchable for other
purposes and it is accumulated and forwarded to the next year.
2.
Universal service fund is financed by the undertakings that own public
electronic communication networks and provide electronic communication
services, and the public electronic communications services providers in
the territory of the Republic of Albania, according to the stipulations
in the respective AKEP regulation.
3
AKEP shall determine the financing level pursuant to point 2 of this
Article, which, for all undertakings subject to the financing of
universal service shall not be higher than 1% of the total revenues
coming from the public electronic communication networks and provision
of public electronic communications services.
4
Undertakings shall be obliged to pay the contributions according to the
point 2 of this Article on a separate AKEP account within a certain
period of time, but not later than 30 May of the current year for the
previous year.
5
Operators, within 30 April of each year, inform AKEP for their revenues
in the previous year proceeded from the offering of public
communications networks or services
in the Republic of Albania, filing to AKEP the annual balance sheet
accompanied by the accounting expert report.
6.
AKEP shall make disbursement from the account for the universal service
contribution on annual basis to compensate any designated universal
service provider, designated for provision of the universal service, in
the amount equal to the approved real costs of providing universal
service.
7.
Amount for the universal service compensation shall be audited on annual
basis by a group of accounting experts, authorized by AKEP.
8.
AKEP shall submit to the Assembly of the Republic of Albania an annual
report, which shall include:
a)
Financial report and annual audit report for the universal service
compensation account;
b)
Information, related to the rules on confidentiality of business
proprietary information, on the calculation of real costs of universal
service provision, the intangible benefits taken into consideration in
calculating the real costs, and the compensation of those costs.
CHAPTER VI .- REGULATION OF COMPETITION
Article 31.- General Provisions
1.
Markets that justify the regulation and are subject to regulation in
compliance with the provisions of this Law are markets with high and
sustainable legal or structural barriers to access the market, markets
that are not oriented toward the effective competition within a suitable
period of time, market where the implementation only of the law on
competition can not solve appropriately the failures of the market.
2.
Markets determination, their analysis and designation of undertakings
with significant market power (“SMP Undertakings”) in the relevant
markets is done in compliance with this law and by-legal acts serving to
its implementation.
3.
Undertakings with significant market power (“SMP Undertakings”) are
subject to the measures set by AKEP pursuant to this Law and acts
serving to its implementation.
4.
Markets designation, their analysis and designation of undertakings with
significant market power, in the relevant markets (“SMP Undertakings”)
is done by AKEP on the basis of a regulation drafted for the
implementation of this law and in compliance with EU relevant
recommendations, periodically, but not less than every two years.
Article 32.- Market Definition
5.
AKEP shall determine the national relevant markets of electronic
communications and relevant products, which justify the regulation and
are subject to a special regulation in the sector in compliance with the
provisions of this Law, and with the principles of the Law on
Competition and current conditions of the Albanian market, taking into
consideration the requirements of special regulation in the sector and
EU recommendations on relevant markets of products and services.
Article 33.- Undertakings with
Significant Market Power
1. An
undertaking shall be considered to possess significant market power, if,
alone or together with others, possesses such economic position that
enable a considerable enlargement, independently of its competitors,
customers or end-users.
2. In
assessing the market significant power, AKEP shall take the following
criteria into account:
a)
undertaking’s market share, undertaking’s market share in the relevant
market, as well as the changes over the time in its relative position
versus the market players;
b)
high barriers to enter into market, and the expected enlargement as a
consequence of potential competition.
c)
countervailing purchasing power;
ç)
development of elasticity of demand and offer
d)
stage of development of the relevant market
dh)
technological advantages
e)
any development of sales and distribution networks;
ë)
economies of scale or economies of sector and density
f)
degree of vertical integration
g)
degree of product differentiation
gj)
access to financial resources
h)
control in infrastructure that can not be easily replaced
i)
general behavior in the market, such as prices, marketing policy,
limited services and products or placing barriers.
3.
Two or more undertakings might be found to have a dominant position if
even in the absence of structural or other links between them they
operate in market in such structure and way that is considered to be
conducive to coordinated actions, independently from the competitors,
customers and users.
4. In
order to define the joint dominance of two or more undertakings, AKEP
shall take into account, inter alia, the following criteria:
a)
the level of market concentrations, distribution of market shares and
their variation over time;
b)
barriers to enter in the market, and their effect on the potential
competition;
c)
effect of countervailing purchasing power;
ç)
current transparency of the market;
d)
stage of development of the relevant market;
dh)
homogeneity of products;
e)
structure of the cost;
ë)
development of elasticity of demand and offer;
f)
development of technological innovations and level of technology
maturity;
g)
absence of excessive capacities;
gj)
informal and other links between the market players;
h)
retaliatory mechanisms;
i)
development of drivers (incentives) for price competition.
j)
undertaking’s economic and financial power .
5.
When an undertaking has significant market power (SMP) in a relevant
market, it may also be deemed to have SMP in another relevant market
related horizontally, vertically or geographically with the analyzed
market, if the links between the two markets are such as to enable that
the significant power from the first market to be asserted to the other
one, strengthening the power of the undertaking in the market.
Article 34. Market Analysis
1.
AKEP shall conduct on regular basis, but not less than once every two
year, the analysis of relevant market, identified according to the
provisions of this law. Following the designation if one or some
undertakings have significant market power in the relevant market or if
there is an effective competition, then the obligation shall be
cancelled, kept, added or placed in the end of the market analysis.
2. If
AKEP designates that one or some SMP Undertakings in the relevant market
and there is no effective competition, then AKEP shall impose to those
undertakings one, some or all special necessary obligations specified in
the Article 39, 40, 41, 42, 43, 44, 45 and 56 hereto. Special
obligations that have been applied to undertakings for the relevant
market shall be changed or kept by AKEP, based on the market analysis,
taking into account also the regulation objectives defined under this
Law.
3. If
AKEP based on the procedures of market analysis reaches to the
conclusion that the relevant market has effective competition and that
no undertakings in this market possess significant market power, then
AKEP shall not apply the obligations specified in the point 2 of this
Article, excluding those specified in the Article 51 hereto. If special
obligations are applied to those undertakings in this market, then they
shall be revoked. In the decision for the removal of those obligations,
should be specified also a period of time not shorted than 6 months, at
the end of which the removal of obligations becomes effective.
4.
AKEP shall make public the decisions made pursuant to point 2 and point
3 of this Article, according to the stipulations in Article 118 of this
Law.
Article 35.- Specific
consultation procedures
1.
AKEP shall conduct the public consultation with the interested parties
regarding the conclusions reached on market designation and market
analysis, respectively according to the Article 32 and 34. The
consultation shall be conducted for a defined period of time of 60 days.
AKEP shall make public the consultation materials, including in it also
the comments submitted by the interested parties. With the aim to
protect the commercial and functional secrets of all parties, AKEP shall
be the single point of information through which the entire consultation
process shall be carried out.
Article 36. Regulatory measures
1.
Application, amendment, keeping or removal of obligations specified in
the Article, 39, 40, 41, 42, 43, 44, 45 and 56 hereto to undertakings
with significant market power is done on the basis of AKEP decisions
following the completion of procedure on market designation and market
analysis.
2.
AKEP decisions, according to point 1 of this article, are made following
the public consultation process.
Article 3.- Review of market
designation and market analysis
1.
When AKEP deems that the facts that justified the conclusions reached
for the markets designation and analysis have changed and do not reflect
the current situation in the market, then AKEP shall review the
conclusions and respective decisions.
2.
Regardless the case referred to in point 1 of this article, AKEP shall
be obliged that once every two years to review its conclusions on
markets designation and analysis by presenting the respective
conclusions.
Article 38. Cooperation with Competition Authority
1 In
the process of market designation and their analysis, AKEP shall
cooperate with the Competition Authority according to the provisions of
the Article 12 of this Law.
2
AKEP and the Competition Authority shall exchange the necessary
information, which the receiving party shall administer it at the same
confidentiality level as the sending party.
Article 39.- Obligation of
non-discrimination
1.
AKEP shall impose to the undertakings with significant market power
obligations for non-discrimination with regard to access and
interconnection.
2.
Obligations for non-discrimination shall ensure in particular that an
undertaking with significant market power to apply same conditions in
the same circumstances toward other undertakings that provide equivalent
services and to provide other undertakings services and information at
the same conditions and same quality as its provides for its own
services, to those of its subsidiaries or partners.
3.
AKEP shall require the undertakings with significant market power to
publish a reference offer for access and interconnection. Undertakings
shall offer in this reference sufficiently itemized services, details of
respective offers with comprising elements in compliance with the needs
of the market and declaration of the associated terms and conditions,
including tariffs as well.
4.
AKEP shall request and oblige to make changes in the reference offer for
access with the purpose of satisfying the obligations specified under
this law and its by-legal acts for its implementation.
Article 40.- Obligation of
transparency
1.
AKEP shall impose to SMP Undertakings obligations for transparency with
regard to access and interconnection.
2.
AKEP, regardless to the provisions of the Article 16, shall impose to
SMP Undertakings with the obligation to publish the following
information:
a)
information on accounts;
b)
technical specifications;
c)
network characteristics/features;
ç)
terms and conditions for offering and use;
d)
tariffs, including the possible discount.
3.
AKEP shall define also the level of detailing and way of publishing of
the above-stated information by the SMP Undertakings.
Article 41.- Obligation for
account separation
1.
AKEP shall request the Undertakings with significant market power to
detail the cost of particular activities related to access and
interconnection aiming at prevention of mutual unfair subsidy.
2.
For this purpose, in particular the vertically integrated SMP
Undertakings shall be requested to make transparent their wholesale
tariffs and the tariffs of internal transfers. AKEP shall define the
format and methodology of calculation to be used, including the
detailing level and the way in which they will be presented and made
available.
3. If
AKEP has imposed specific obligation according to the Article 39 and 40,
then it shall request, nevertheless the provisions of article 16 hereto,
that the data on accounts, including all information and supporting
documents, to be submitted to the request in the defined way and form.
AKEP shall publish this information if necessary for boosting the
competition in the market. In doing such, AKEP shall take into account
the rules pertaining to the commercial and functional/business secrets.
Article 42.- Obligation for
access and interconnection and joint usage of network facilities
1.
AKEP shall impose to the Undertakings with significant market power the
obligation to meet the requests for access and interconnection, as well
as for the use of network and associated facilities elements, especially
in those cases when AKEP estimates that from refusal of the access, or
unreasonable conditions and terms, stable development in the retail
market is hindered, or end-users interests are damaged.
2.
SMP Undertaking shall be requested to meet one, several or all the
following measures, in particular to:
a)
give to the third parties access and interconnection to network and its
elements;
b)
provide specified services at wholesale level for resale in the retail
market by the third parties;
c)
not withdraw access to facilities already granted;
ç)
negotiate in good will and faith with operators requesting access;
d)
grant open access to technical interfaces, protocols or other important
technologies that are indispensable for the interoperability of services
or for services of virtual network;
dh)
provide joint use (collocation) or other forms of facility sharing,
including buildings, cable ducts and mast sharing;
e)
provide specified services needed to ensure interoperability of
end-to-end services to users, including facilities for intelligent
networks services or roaming on mobile networks;
ë)
grant access in the functional supporting systems or similar software
systems necessary for assuring fair competition in offering the
services;
f)
interconnect networks or network facilities
g) to
provide access to the local loop
3. In
imposing the obligations according to the point 2 of this Article, and
to assess whether the obligation for access is justified and
proportional to the regulation purposes prescribed in this law, AKEP
shall take into account, in particular, the following factors:
a)
technical and economic viability of use or installation of competing
equipment with regard to the rate of market development, considering the
nature and type of interconnection and access under discussion/proposed.
b)
feasibility to provide the access proposed, in relation to the capacity
available;
c)
initial investment by the owner of facilities, taking into account the
risks involved in such investments;
ç)
need to safeguard competition in long term in public electronic
communications networks and services, and in particular by creating
incentives for efficient investments in facilities, which in long-term
period ensure more competition;
d)
all intellectual property rights.
4.
Where an operator evidences that the facilities’ use might risk the
maintenance of the entire network or the networks function, AKEP shall
not impose obligation with regard to this facility or shall impose the
obligation in another way. Maintenance of the network entirety and
safety of network functions shall be justified by the undertaking based
on objective standards.
Article 43.- Obligation for
carrier selection and pre-selection
1.
AKEP shall impose on the SMP Undertakings in the relevant market for
access to and use of public telephone network, the obligation to enable
their subscribers to access the services of any operator of publicly
available telephone services to which they are interconnected through
carrier selection or pre-selection.
2.
Tariffs set for the access and the activation payment with regard to the
carrier selection or pre-selection shall be cost-oriented.
3.
Carrier selection or pre-selection in other networks may be ordered by
AKEP according to the provision in the Article 42 hereto.
Article 44.- Obligation for
providing leased lines
1.
AKEP may impose regarding the provision of a minimum group (number) of
leased lines, to the undertakings with significant market power the
obligation, in compliance with the principles of non-discrimination,
cost-orientation and transparency and taking into consideration
respective international regulatory documents and practice.
2.
Tariffs and general terms for offering the leased lines according to the
point 1 above shall be approved preliminary by AKEP.
3.
AKEP shall impose obligations to the SMP Undertakings to apply the
system of cost calculation even for the leased lines service. AKEP or an
independent specialized body, selected by AKEP on the basis of the law
in force, shall verify on annual basis the compliance with the cost
calculation system and shall publish conclusions on such verification.
Article 45.- Obligation for
tariffs control and cost accounting system
1.
When AKEP for the implementation of Article 34, identifies that a SMP
undertaking might keep tariffs at a high unreasonable level or at low
unreasonable level, thus harming the end-users, the AKEP shall impose
obligations regarding cost coverage and tariff control, including
obligation for cost oriented tariffs, for access and/or interconnection,
and also obligation regarding account keeping systems.
2.
Imposing obligations according to point 1 of this Article, the AKEP
takes into consideration the investment made by the undertaking,
allowing of a reasonable profit margin on the capital employed, thus
taking into consideration the risk included.
Article 46.- Access Agreements
1. An
undertaking of electronic communications network with significant market
power, having the obligation for access according to Article 42, shall
provide an offer to other undertakings that request access to its
network, in order the latter to provide electronic communications
services. The access offer shall be presented without delay, but in no
case later than 15 days from the request receipt date.
2.
Access agreements made/signed by a public operator of electronic
communications networks with SMP and other undertakings are prepared in
writing.
3. An
undertaking of electronic communications network with SMP shall submit
to AKEP the access agreement, in which it is a party as a provider,
within 15 days following their signing. AKEP shall publish the place and
time where the agreements submitted as above will be available for
inspection by the subjects that request access service and facilities.
Article 47.- Obligation for
interconnection and Interconnection Agreements
1.
Any undertaking of electronic communications networks shall, against a
payment, within 30 days from receipt of the request, provide an
interconnection offer to other undertakings of public electronic
communications networks, with the purpose to ensure users’
communication, provision of electronic communications services and
interoperability of the services in the entire community. All
undertakings shall try to achieve the objective to ensure and improve
communication among the users of the public electronic communications
networks.
2.
Undertakings shall use the information obtained from the other operators
during the negations process on interconnection only for the purpose
they are provided. Undertakings shall respect throughout the time the
confidentiality of the information provided and shall not transfer it to
any other party for which such information enable them a competition
advantage, with exception to the cases when specified otherwise in an
agreement between the operators.
3.
Reference offers of interconnection according to Article 39 and the
interconnection agreements according to point 1 of this Article shall be
submitted to AKEP.
Article 48.- Freedom of parties
for negotiations
1.
Undertakings that offer public electronic communications networks and
services are entitled to negotiate and agree between them regarding the
technical and economic agreements on access and interconnection, in
compliance with provisions of this Law and by-legal acts in force.
Article 49.- AKEP role on
ensuring access and interconnection
1.
AKEP, in compliance with the regulatory objectives specified in Article
7, shall encourage and if necessary, shall ensure the materialization of
access and interconnection, as well as the services interoperability, in
order to boost sustainable and effective competition aiming at maximal
benefit to the end-users.
2.
AKEP shall:
a)
impose obligations with regard to access and interconnection to
undertakings that provide public electronic communications services;
b)
intervene on its initiatives when it is justified or in the absence of
an agreement between the parties, upon the request of either party,
according to the provisions of this law.
Article 50.- Complaint to AKEP
1. If
the undertakings fail to reach an agreement on access and
interconnection within 45 days from receipt of the request, either of
them may submit complaint to AKEP. Upon the receipt of complaint, AKEP
shall start the procedures in accordance with the Code of Administrative
Procedures and provisions of the Article 60.
2. In
justified cases, AKEP may start the procedures also at its initiatives
with the purpose to satisfy the regulatory objectives.
3. At
the end of the procedures, AKEP issues the order according to the
provisions of Article 60.
Article 51. Obligation for undertakings without significant market power
1.
AKEP may impose the following obligations according to the Articles 39,
40, 41, 42 and 45 to the undertakings that do not have significant
market power in case:
a)
the undertaking is granted the right to use the radiofrequencies
according to CHAPTER VII hereto;
b)
this is necessary to ensure the normal functioning of the networks;
c)
this is required to satisfy the international commitments.
Article 52.- Reference offer
1.
Undertakings of the electronic communications networks with SMP, which
is subject to the obligation for access and interconnection according to
the Article 42, shall publish, normally within 45 days period after the
imposition of this obligation, a reference offer for the access services
and/or facilities.
2.
Respective reference offer shall include terms and conditions for use,
including tariffs. Reference offer shall be easily comprehensible for
the undertakings.
3.
AKEP shall control/audit, and in case it ascertains that the reference
offer does not meet the requirements related to special conditions,
mostly related to fairness, non-discrimination, transparency,
reasonableness, and timeliness, shall impose the change the reference
offer proposed. In general AKEP defines a minimal duration for the
validity of reference offer proposed. SMP undertaking shall notify AKEP
3 months prior the expiry of such minimal duration of any reference
offer change or suspension.
4.
Where access service or facilities is already subject to an access
agreement according to the Article 46 hereto, AKEP may oblige the
undertakings of electronic communications networks with SMP to offer on
non-discriminatory basis this service or facility also to the other
undertakings. This is also applicable for the access services and
facilities that an undertaking of electronic communications networks
with significant market power is obliged to provide or make available
pursuant to AKEP Governing Council order according to Article 60 hereto.
5.
AKEP shall oblige the undertakings of electronic communications networks
with SMP to change its reference offer if the conditions in the market
have changed considerably. This includes the services and facilities, as
well as the main conditions of their provision. In case of reference
offer change, the points 2, 3, 4 and 5 of this article are applicable.
6.
SMP undertakings shall update the reference offer published.
7.
When an undertaking is obliged to provide unbundled access to local
loop, the reference offer, it shall publish according to the provisions
of this article, shall include at least the following elements:
I)
Conditions for unbundled access to the local loop
(a)
network elements to which access is offered covering in particular the
following elements:
i.
access to local loops
ii.
access to non-voice band frequency spectrum of a local loop, in the case
of shared access to the local loop
(b)
information concerning the locations of the physical access sites and
the availability of local loops in specific parts of the access network;
(c)
technical conditions related to access and use of local loops, including
the technical characteristics of the twisted metallic pair in the local
loop;
ç)
ordering and provisioning procedures, usage restrictions.
II)
Co-location services
a)
information on the relevant sites of the operator that offers the
services of unbundled local loop;
b)
co-location options at the sites indicated under point 1 (including
physical co-location and, as appropriate, distant co-location and
virtual co-location);
c)
equipment characteristics: restrictions, (if any), on equipment that can
be co-located;
ç)
security issues: measures defined by the operator provider of the
unbundled local loop service to ensure that security of their location;
d)
access conditions for the staff of possible beneficiary operators;
dh)
safety standards;
e)
rules for the allocation of space where co-location space is limited;
ë)
conditions for beneficiaries of the access allocated, to inspect the
locations at which physical co-location is available, or sites where
co-location has been refused on grounds of lack of capacity.
III)
Information systems
Conditions for access to the operational support systems of the provider
of unbundled local loop, information systems or databases for
pre-ordering, provisioning, ordering, maintenance and repair requests
and billing
IV)
Supply conditions
a)
lead time for responding to requests for supply of services and
facilities; service level agreements, fault resolution, procedures to
return to a normal level of service and quality of service parameters;
b)
Standard contract terms, including, where appropriate, compensation
provided for failure to meet lead times.
c)
Prices or pricing formulae for each service, function and facility
mentioned above.
Article 53.- Tariffs and the
purpose of their regulation
1.
Tariffs of public electronic communications services are set by the
undertakings of public electronic communications networks and services.
In setting them, the undertakings should focus on cost-orientation
tariffs and in any case should avoid the use of abusive, misused and
non-competitive tariffs.
2.
The purpose for the tariffs regulation is prevention of non-competitive
behaviors and the discrimination of end-users and competitors in the
market that might result from the actions of SMP undertaking on its
tariffs.
3.
Measures on tariffs regulation shall be coordinated and proportional in
relation to the purpose of the regulation defined in the Article 7 of
this Law.
Article 54.- Publication of
end-users tariffs
1.
Undertaking that offer the electronic communications services available
to the public shall:
a.
publish services tariffs and shall enable the public informing through
access in distance as well;
b.
notify through the public informing means every change in the tariffs of
the services at least 7 days prior to the entry into force of the new
tariffs or their amendments and this notification should last no less
than 3 days in succession;
c.
submit to AKEP the services tariffs, as well as any change thereof.
2.
AKEP shall publish the general comparative evaluation of the current
tariffs and the quality and conditions of offering the electronic
communications services available to the public by the individual
providers, allowing in this way the end-users to make simple comparison
between those data.
Article 55.- Tariffs regulation
1. In
regulating the Tariffs in the electronic communications field, AKEP
shall act in compliance with this law. Tariffs regulation means defining
or modifying the tariffs level, excluding the value added tax.
2.
AKEP shall be entitled to apply the tariffs regulation through a
decision on tariffs regulation, on:
a)
services included in the universal service scheme provided by the
universal service provider, according to stipulations in Article 57 of
this Law;
b)
services provided by the significant market power operator, in the
relevant market.
3.
AKEP shall monitor and assess the tariffs level evolution in the market
that are or might be subject to the tariffs regulation in the electronic
communications field according to the paragraph 2 of this Article.
4. In
the tariffs regulation, AKEP shall take into account the protection of
undertaking interest, whose tariffs are under regulation in order the
tariffs to result from AKEP decision according to point 2 of this
Article, to be cost-oriented. This is not applicable for the services
offered in compliance with point 3, Article 27 hereto.
Article 56.- Application of
tariffs regulation
1. If
on the basis of the market analysis, conducted in compliance with the
article 34, on relevant market of access and interconnection (wholesale
market), it is reached to the conclusion that there is no effective
competition in this market, which means that in the market the
undertakings with significant market power have applied excessive high
tariffs or excessive low tariffs to the detriment of the end-users, and
in case the measures stipulated in the Articles 39 to 43 of this law,
are not enough, AKEP is entitled to implement the tariffs regulation in
this relevant market, according to Article 57, issuing the decision on
tariffs regulation.
2. If
on the basis of the market analysis, conducted in compliance with the
article 34, on relevant market on end-users (retail market), it is
reached to the conclusion that there is no effective competition in this
market, and if the measures stipulated in the point 1 of this article,
are not sufficient, AKEP is entitled to impose on the significant market
power operator, special obligations according to points “a” and “b” in
the following:
a)
Special obligations include requirements that the undertaker shall not:
i.
apply very high tariffs ;
ii.
hinder entrance in the market of new operators;
iii.
restrict competition through application of high unreasonable tariffs or
low unreasonable tariffs;
iv.
show preferences toward special end users;
v.
offer unreasonable service packages;
b)
Obligation for issuing decision on tariff regulation according to
Article 57 of this law.
3. If
the tariffs regulation according to the points 1 and 2 above is imposed
to a SMP undertaking, decision taken by the AKEP shall allow the
undertaking to have a reasonable return of investment of the capital
employed also considering the risk related to it.
4. If
the tariffs applied for the provision of the number portability service
and carrier selection/pre-selection service discourage the subscribers
to use these services AKEP shall issue a decision on regulation of
respective tariffs according to provisions of this law.
Article 57.- Tariffs Regulation Method
1.
AKEP may apply the tariffs regulation according to the following
methods:
a)
definition of tariffs minimal or maximal level;
b)
correction of the tariffs evolution by setting requirements such as:
i)
maximal level of possible tariff change (increase/decrease) within a
certain period of time;
ii)
maximal ratio of tariff increase imposed from the price increase of the
ingredients (input) within a certain period of time;
iii)procedure to be used for tariffs definition or calculation,
including the obligation for cost-orientation, definition of effective
costs, that enables the achievement of a reasonable profit.
c)
definition of a timeline, in no case longer than 12 months, during which
the tariffs increase above the current tariffs level in a relevant
market is not permitted/allowed.
2. In
regulating the tariffs based on the paragraph 1, AKEP shall assess the
latest data on the following:
a)
best practices in EU countries;
b)
average tariffs in EU countries;
c)
tariffs in developing countries similar to Republic of Albania;
ç)
ratio between wholesale and retail tariffs;
d)
reasonable profit margin made by the other electronic telecommunications
undertakings in EU countries and in developing countries similar of the
Republic of Albania.
3.
Tariffs regulation methods may be combined.
4.
Undertakings that have the obligation to apply special obligations and
tariff regulation according to point 1 and 2, Article 56, , shall
previously apply to AKEP for tariff approval according to terms and
conditions stipulated in the AKEP Decision on tariff regulation.
5.
AKEP or an independent accounting expert/audit selected by AKEP,
verifies the compatibility of tariffs under regulation with the method
and conditions set for the tariffs regulation.
Article 58.- Decision on tariffs
1.
Prior to making the decision on tariffs regulation, AKEP shall conduct
the consultation process with the interested parties in compliance with
the provisions of this law.
2.
Decision on tariff regulation includes provisions related to:
a. a
reasonable time term
b.
obligation for providing information according to Article 16 hereto;
c.
conditions for the time of application in the market of approved
tariffs;
ç)
accompanying conditions in case a tariff is applied differently form the
one approved, or it is changed after being approved;
d.
obligations for adjustment of tariffs approved in case the access and
interconnection tariffs (wholesale tariffs) change;
dh)
conditions for notification of changes in tariffs under regulation,
which may be different from those provided in article 54, point 1,
letter “b” of this law;
e.
one of the methods used by AKEP according to article 57 of this law.
Article 59.- Implementation of obligation on cost oriented tariffs
1.
Where an undertaking is subject to the obligation of cost-orientation
tariffs, it shall be obliged to demonstrate that tariffs of services
offered derive from efficient cost enabling a reasonable profit margin.
2.
With the purpose of calculating the cost of providing the effective
service, AKEP uses cost calculation methods independent from those used
by the undertakings, .
3. At
AKEP request, within a period of 45 days, the undertaking shall prove
that its tariffs are cost-oriented. If the undertaking, within the
defined period of time, fails to justify the tariff as stated above,
AKEP shall deem that the tariffs are not cost-oriented.
4.
AKEP shall ensure that the undertakings with significant market power,
which is subject to the cost calculation obligation, shall make publicly
available the description of cost calculation system, indicating at
least the main categories, where the costs and rules used for cost
stipulations are grouped.
5.
AKEP or an independent accounting expert/audit selected by AKEP is
entitled to carry the annual audit (verification) of compatibility with
the cost calculation system.
Article 60.-
AKEP order
1. In
cases where an access and interconnection agreement according to the
Article 46 and Article 47 is not reached fully or partially, and when
the conditions stipulated in this article on imposing the obligation to
provide access are fulfilled, AKEP, after analyzing the claims of the
parties according to the Article 50, shall order the signing of the
access and interconnection agreements. AKEP Governing Council Order
shall
define also the time-term for its execution, which should not be longer
than 30 days from the date the Order enters into force.
2.
AKEP Governing Council Order for signing the access and interconnection
agreement is allowed only if and as long as the respective parties fail
to reach to an access and interconnection agreement.
3.
Submission of parties’ claims according to the point 1 of this Article
before AKEP shall be made in writing. They should be grounded/supported
with facts. In particular they should include:
a)
time when the access is requested and in particular for what services
and/or facilities;
b)
full arguments to demonstrate that serious negotiations are conducted or
that the other party has objected to enter into negotiations;
c)
points/issues on which the agreement is not achieved;
ç)
explanatory notes on the possibility of technical implementation of any
special technical measures requested.
4.
Claims may be withdrawn as long as the order is not issued by AKEP.
5.
Nevertheless what is prescribed in the point 2 of this Article, with the
purpose to achieve the objectives set in the Article 7, AKEP may also
treat the case at its own initiative.
6.
Subject to such order might be any of the terms and conditions of access
and/or interconnection agreements, including the tariffs. AKEP may
attach to this order the conditions related to related to fairness,
transparency, non-discrimination, reasonableness, and timeliness. With
regard the tariffs definition, the Articles 53, 55, 56, 57, 58 and 59 of
this law shall be applied.
7.
Where a part of the claims submitted and part of the respective analysis
are terms and conditions of an access and interconnection agreement, as
well as the tariffs payable for the services and/or facilities
requested, AKEP can make decisions related to the terms, conditions and
tariffs. Implementation time-term of those decisions shall be one month
following their entrance into force.
8.
Undertakings shall implement AKEP order within the time-terms stipulated
in it. In case of failure to implement the decision, AKEP shall apply a
fine according to the provisions of the Article 137 of this law.
Article 61.- Special control on
anti-competitive behavior
1.
SMP undertakings that provide public electronic communications networks
and services should not abuse with their position in the market.
2.
Where AKEP at its own initiatives, or following the receipt of a
notification from other undertakings, or other interested parties deems
that SMP undertaking is abusing with its position, presents the case
before the Competition Authority, requesting for starting the respective
legal procedures.
CHAPTER VII .- RADIO FREQUENCY SPECTRUM
Article 62.- Management of
Radio Frequency Spectrum
1.
Radio Frequency Spectrum is a limited natural source. Spectrum
management should ensure its fruitful and effective use, in compliance
also with the respective decisions of international organizations and
obligation arising out of the conventions or agreement where the
Republic of Albania adheres.
2.
With the purpose to ensure the fruitful and interference-free use of the
radio frequencies, the National Radio Frequencies Plan and the Plan for
Utilization of Radio Frequencies are prepared.
3.
The Radio Frequency Spectrum is administered by:
a)
Authority of Electronic and Postal Communications (AKEP) for the
frequencies bands allocated for civil purposes, with the exception of
the frequencies bands allocated for broadcasting;
b)
The National Radio Television Council (NRTC) on frequency bands
allocated for radio diffusive (radio television) broadcastings, for the
time it is not otherwise provided by the legislation in force;
c)
Ministry of Defense, Ministry of Interior and State Informative Service
for the radio frequency bands defined for the governmental purposes,
national defense and civil order.
4.
For the radio frequencies use, the civil users shall pay a tax as
stipulated in a special/separate law.
Article 63. National Radio Frequency Plan
1.
National Radio-frequency Plan or any amendments are adopted by the
Council of Ministers, upon the proposal of the Minister. Development of
the National Radio-frequencies Plan is done by the Minister in
cooperation with other institutions in charge stipulated in point 3,
Article 62 of this law.
2.
National Radio Frequencies Plan is developed in accordance with the
Radio Regulations of ITU and the European Common Allocation (ECA) Table.
National Radio Frequencies Plan includes the radio communications
services for the respective bands. To ensure fruitful and
interference-free use of the radio frequencies, the National Radio
frequencies Plan includes also provisions that guide the use of radio
frequencies, as well as other detailed definitions.
Article 64.- Plan for Radio frequencies Utilization
1.
AKEP shall develop the Plan for the Frequencies under administration.
2.
Frequencies Utilization Plan is prepared in compliance with stipulations
and instructions of the NPRF (National Plan of Radio Frequencies) and
shall define sub-bands for different services of radio communications
and shall bear parameters and technical conditions for usage of
frequencies.
3.
AKEP is entitled, for public interest, to deem as a priority the use of
radio frequencies spectrum for proving the universal service and public
electronic communications services.
4.
AKEP shall publish the national plan for radio frequencies utilization,
conditions, procedures and payments related to the use of the radio
frequencies spectrum and shall update this information on regular basis.
5.
The information on frequency bands reserved in the scheme for using the
radio frequencies spectrum for country security purposes by the Ministry
of Defense, Ministry of Interior and the Informative Service, shall not
be made public.
6.
AKEP, by means of regulatory documents, shall defined the ways of
creating the call signs and codes and identification numbers, their use
and types of radio communications services for which they are used.
7.
AKEP shall define through regulatory documents, the technical terms and
operation of the amateur radio communications services.
Article 65.- Radio frequencies Use
1.
Natural persons or legal entities may only use radio frequencies
following AKEP preliminary authorization according to provisions of this
Law.
2.
The right to use the radio frequencies is limited only in case it is
conditioned from insufficiency of frequencies and obligation to ensure
their efficient usage.
3.
Where the frequencies are used in contradiction with this law and the
relevant regulations, and without the respective authorization issued
according to this law, the AKEP takes all the necessary measures
according to this law.
4. A
radio frequency authorization shall not be required from AECP for
radio-frequencies used under the National Radio-frequencies Plan for the
purposes of defense and national security.
5.
Certain radio frequencies may be used without authorization in
accordance with the provisions made under this Law, as well as in
compliance with the international rules and obligations accepted by the
Republic of Albania.
Article 66.- Issuance of Individual Authorization
1.
AKEP shall issue an Individual Authorization in accordance with the
National Radio-frequencies Plan and the Plan for Radio-frequencies
Utilization pursuant to the Articles 62, 63, 64, 65, 66, 67, 68, 69, 70
and 71 of this Law.
2. In
cases of restriction according to point 2, Article 65 of this Law, AKEP
shall use the public tender procedure for allocating the use of radio
frequencies following a prior Minister’s approval.
Article 67.- Individual Authorization Issuance Procedures
1.
Radio frequencies may be used only on the basis of an individual
authorization for the use of the radio frequencies unless defined
otherwise in this Law.
2.
Where no individual authorization is needed for the use of radio
frequencies, according to point 5, Article 65, AKEP shall define in the
general authorization the conditions for the use of radio frequencies.
3.
Issuance of radio frequencies shall be done in compliance with the
definitions in the National Radio-frequencies Plan and Plan for
Radio-frequencies Utilization on non-discriminating, transparent and
objective basis.
4.
Radio-frequencies shall be issued for use only if:
a)
purpose of their use is foreseen in the National Radio-frequencies Plan
and Plan for Radio-frequencies Utilization;
b)
they are available for use;
c)
they guarantee compliance with the use of other frequencies;
ç)
fruitful and interference-free use by the applicant is ensured.
5.
Radio frequencies individual authorization is issued on basis of an
application submitted to AKEP, which shall include the following:
a)
Undertaking name and address;
b)
Registration data;
c)
Undertaking contact person/point;
ç)
Explanations about the needs of radio frequencies use;
d)
Technical solutions, particularly data on geographical area of the use,
method of radio diffusion calculation and definition of the service
area, geodesy data on the location of the transmitter, the power, the
modulation and the type of the transmission, the antenna system and the
radio equipment.
6.
AKEP shall be obliged to issue an individual authorization within 30
days of the date of full request receipt according to point 5 of this
Article.
7.
AKEP shall decide to refuse to issue an individual Authorization in
case:
a)
the applicant has had a decision on an assignment revoked in the last 5
years due to law violation;
b)
the assignment of Radio-frequencies would not guarantee efficient use of
radio-frequency spectrum;
c)
the signal of the radio equipment would cause unavoidable harmful
interference to the other radio equipment, or electrical or electronic
systems;
ç)
authorization issuance shall endanger the public order or national
security.
Article 68.- Taking opinions of
interested parties
1.
Where AKEP considers that interest in a particular band of frequencies
spectrum could exceed the availability of frequencies in this band, in
order to ensure their efficient
use, it shall conduct a public consultation process with the interested
parties concerning the conditions of use of such frequency band. Public
notice for this consultation, shall, in any case, include:
a)
information on radio frequencies or frequencies band for which the
restriction shall be applied;
b)
expected number of authorization to be issued;
c)
conditions that AKEP deems to apply for issuing the right to use the
radio frequencies;
ç)
reasons that lead to the idea to restrict the authorizations to use the
radio frequencies.
d)
Request that the interested parties to express their opinion on market
value of frequency or frequency band.
2.
AKEP shall publish a public notice for the submission of opinions of
interested parties concerning the market value of the radio frequencies,
within a period not shorter than 30 days.
3.
AKEP shall be obliged to keep the confidentiality of the possible
proposals of the interested parties regarding the market value of those
radio-frequencies.
4.
Simultaneously with the publication consultation conclusions according
to this article, AKEP shall make public the notice on limitation of the
rights/authorizations number to use radio frequencies, if such
limitation is necessary to achieve the aim of the radio frequencies use,
and if this is not against the interests of users or the development of
economic competition.
5. If
AKEP, on the basis of the consultations held with the interested parties
according to this article, concludes that the demands for the available
frequencies to be allocated in a particular band exceeds the frequencies
available to be allocated this band, it shall follow the public tender
procedure for the allocation of these frequencies within 30 calendar
days of the publication of the notice on limitation of the number of
rights/authorizations to use radio frequencies following the Minister’s
approval.
Article 69.- Implementation of Procedure
1.
Tender procedure is initiated by AKEP following the approval by the
minister, according to the legislation in force, for the frequencies
allocation and assignment. The procedure shall be objective,
transparent, non-discriminatory and proportional in order to satisfy the
objectives provided in the Article 7 of this Law.
2.
Service activation time, authorization period and number of undertakings
shall be stipulated by the Minister, whereas the other activities shall
be carried out by AKEP.
Article 70.- Authorization Content
1.
Radio-frequency authorization for the frequencies usage shall contain:
a)
data of the holder of authorization;
b)
radio-frequencies assigned;
c)
location and area of coverage;
ç)
period of validity of authorization;
d)
conditions to be fulfilled in the use of the assigned radio frequencies,
according to Article 71 of this law.
2.
Users of radio frequencies shall be obliged to report to AKEP all
possible changes relating to the data specified in letter “a”, point 1
of this article, within 30 days from the onset of such changes.
Article 71.- Conditions for using the assigned radio-frequencies
1.
Conditions to be met by the user in radio-frequencies utilization shall
also apply to the electronic communications services or electronic
communications networks for which the radio frequencies are assigned;
2.
AKEP in the authorization shall include the conditions that specify:
a)
measures to ensure an efficient use of the radio frequencies, including
where necessary, the requirements related to the coverage and signal
intensity (transmission power),
b)
technical and operational conditions necessary for avoidance of harmful
interferences, and limitation of public exposure the public to
electro-magnetic fields,
c)
duration of the right to use radio-frequencies,
ç)
transfer of ownership rights to use radio frequencies and the conditions
for such transfer;
d)
payments of fees;
dh)
additional obligations undertaken by the selected bidder during
participation in the public tender (e.g. dynamics of construction of an
electronic communication network, etc.);
e)
obligations related to the international acts and agreements in which
the Republic of Albania adheres.
Article 72.- Duration of the Validity of the Radio Frequencies
Authorizations
1.
AKEP shall issue authorizations for an interval no longer than 15 years.
2.
AKEP shall issue authorizations intended for aeronautical and maritime
mobile services, with duration until the cessation of their use;
3.
AKEP shall issue RF authorizations intended for the purpose of
researches, measurement and attestation of radio communication equipment
for a restricted area of coverage and for no more than 90 days.
4.
AKEP shall issue RF authorizations intended for special events for a
period of time no longer than 60 days.
Article 73.- Extension of validity of the radio frequencies
authorizations
1.
Upon the request of the authorization holder, the authorization validity
may be extended only if at the end of its terms all conditions
prescribed for the use of the radio frequencies are met.
2.
Applications for the extension of radio frequencies authorization
validity shall be submitted no less than 30 days and no more than 90
days prior to its expiry.
3. In
case of extension, AKEP shall issue a new radio-frequency authorization,
for a period not longer than that of the previous authorization.
4.
The validity of radio frequencies authorizations intended for the
purposes of research, measurements and attestation of radio
communications equipment, and those intended for special events may not
be extended.
Article 74.- Individual Authorization Transfer
1.
Transfer of the right to use radio-frequencies to another undertaking is
prohibited without a prior decision of consent from AKEP. Consent may be
given only to a request in writing from the authorization holder.
2.
Upon the receipt of request for transfer according to point 1 of this
Article, AKEP shall verify that the undertaking, to which the right to
use the radio frequencies is proposed to be transferred, satisfies all
conditions prescribed in this Law, and the respective, applicable
regulations of AKEP; and that the proposed transfer will not distort
competition, as well as will not harm the safe, secure and efficient use
of the radio frequencies spectrum.
3.
AKEP shall asses the transfer request of right for frequency usage also
in context of increasing the efficiency of frequency spectrum usage,
protection of public interest and transparency regarding the
transferring.
Article 75.- Amendment to Individual Authorization
1.
AKEP may amend the individual authorization at its own initiative in the
following cases:
a)
the National Radio Frequencies Plan or Plan for Radio Frequencies Use,
or the rules for the conditions of the radio frequencies use have
changed;
b)
there is a public demand that cannot otherwise be met;
c)
amendment is required for the efficient use of radio frequencies for the
public benefit;
ç)
harmful interference cannot otherwise be avoided;
d)
amendment is required by the international acts applicable in the
Republic of Albania.
2. In
the cases foreseen in point 1 of this article, AKEP shall issue a new
individual authorization for the radio frequencies use including the
amendment. Such new authorization shall include also a reasonable period
within which the authorization holder shall adapt the radio frequencies
in conformity with the new authorization.
3.
Where appropriate or in special cases, according to point 1 of this
Article, AKEP may fully revoke the radio frequencies authorization and
issue a new authorization with new contents.
4.
The individual authorization holder shall carry out all necessary
actions, according to the amendments in the new individual authorization
for the use of radio-frequencies, at its own expense.
5.
Users of assigned radio frequencies, the authorization for which has
been amended shall have the right to be assigned other equivalent
radio-frequencies, within the possible spaces according to Frequencies
Usage Plan if the reasons for the authorization amendment or revocation
arose through no fault of their part.
6.
Where the amendments to the radio-frequencies individual authorization
are requested by the holder, the new authorization may be issued
according to the terms of this Law, and in such way that does not
encroach upon the rights of other users.
Article 76.- Revocation of Individual Authorization
1.
AKEP may revoke a radio frequencies individual authorization either upon
the request of the authorization holder, or at its own initiative.
2.
AKEP shall revoke a radio frequencies individual authorization at its
own initiative in case it verifies that:
a)
application of the radio-frequencies authorization contained false data;
b)
holder of the right to use the radio-frequencies has not used the
assigned frequencies within one year from the starting date, or has used
them for different purposes other than those prescribed in the
authorization;
c)
provisions of this Law or the conditions of radio frequencies individual
authorization have been infringed;
ç)
the deficiencies made evident from AKEP and notified to the
undertakings, have not been removed within the defined time- term;
d)
the fees for the radio frequencies use are, not paid within 30 days
following the due term or 15 days after AKEP notification.
dh)
there is no other possibility to avoid the harmful interferences caused
by the signals of the radio equipment, receivers or other electric and
electronic systems.
e)
Fees paid for the year in which the authorization revocation occurs are
non-refundable.
Article 77.- Expiry of Validity of radio frequencies individual
authorization
1.
Validity of the individual authorizations may cease:
a)
upon the expiry of the interval for which they are issued;
b) if
the authorization holder has ceased to exist;
c) if
the authorization holder failed to start using the radio frequencies
within 1 (one) year of the issuance of the radio-frequency
authorization, unless otherwise is stipulated therein;
2.
AKEP shall issue an order on cessation of the radio-frequencies
individual authorization.
3.
Fees paid for the year, in which the individual authorization revocation
occurs, are non-refundable.
Article 78.- Payments for the radio frequencies use
Payments/fees for the radio frequencies use are done according to
provisions of Article 119 of this Law.
CHAPTER VIII. RADIO EQUIPMENT AND TELECOMMUNICATION TERMINAL EQUIPMENT
Article 79.- Use of the
terminal equipment
1.
Undertakings may not refuse for technical reasons a reasonable request
to connect a radio or telecommunication terminal equipment that complies
with the requirements from the regulations governing the radio and
telecommunication terminal equipments.
2.
Users may not connect to the public communications network radio or
telecommunication terminal equipments that do not comply with the
requirements from the regulations governing the radio and
telecommunication terminal equipments.
3.
AKEP shall define rules on issuing of certificates for the radio and
telecommunication terminal equipments in conformity with the Directive
99/5/EC, dated 9 March 1999 (Directive R&TTE).
CHAPTER IX.- NUMBERING, NAMES AND ADDRESSES
Article 80.- Numbering Plan
1.
Numbering plan defines the structure, length and allocation of the
numbers for access to the public communications networks and services.
2.
AKEP shall administrate the Numbering Plan in order to:
a)
ensure efficient structuring and use of numbers and series of numbers;
b)
satisfy the reasonable needs of operators and providers of public
electronic communications service for the allocation of the numbers
under this Law;
c)
ensure that the allocation and use of numbers is fair, transparent and
non-discriminatory.
3.
AKEP shall keep all data related to administration of the Numbering
Plan.
4.
AKEP shall publish on its website the allocated numbers and number
ranges, as well as their users.
Article 81.- Use of Numbers,
names and addresses
1.
The numbers and series of numbers of the Numbering Plan may be used only
pursuant to AKEP decision.
2.
AKEP prepares rules also for appointment and usage of names and
addresses, aiming at ensuring transparency, fairness and
non-discrimination for their users.
Article 82.- Allocation of
numbers
1.
Undertakings of public electronic communications networks and services
may apply for allocation of numbers and numbers ranges.
2.
Application shall contain the following data:
a)
name, address of headquarters, and documents that make evident/verify
the registration of activity;
b)
data on type, quantity and purpose of use of the allocated numbers or
series of numbers applied for;
c)
assessment plan of needs for the following 3 years;
ç)
planned date of commencing the use of the allocated numbers or series of
numbers;
d)
additional data as AKEP may require to administrate the use of numbers;
3.
AKEP shall define in a detailed way, through a regulatory document, the
content and the sample application form, as well as the requirements to
be met by the applicant.
4.
AKEP shall decide to refuse the numbers allocation in case:
a)
the application for allocation of numbers contains false data;
b)
the applicant is not eligible for allocation of numbers or series of
numbers pursuant to this Law;
c)
the intended use does not justify the allocation of the requested
quantity or type of numbers.
5.
Undertakings have the right to define the numbers or series of numbers
for their end- users within the numbering allocated by AKEP.
Article 83.- Conditions for the numbers use
1.
Holder of the right to use the numbers according to this Law:
a) is
obliged to return the allocated numbers or number series if they are not
in use;
b)
may not use the allocated number and series of number for the purpose
other than the one they are allocated for.
c)
may not transfer or lease the numbers or the number series allocated
without a prior approval from AKEP;
ç)
the allocated numbers and number series may be transferred along with
the activity exercised, when the new holder fulfils the demands to use
the numbers and the number series in compliance with AKEP decision;
d) is
obliged to make the payments for the numbering according to this Law;
dh)should meet the demand for the numbering transfer whenever it is
required so;
e) is
obliged to use the numbers or the number series allocated only for the
purpose they have been allocated, and not to cause any harm to any other
group of users;
ë) to
fulfill the obligations that derive from the international acts related
to number allocation and use, applicable in the Republic of Albania.
Article 84.- Amendment to decisions on allocation of numbers and number
series
1. In
order to fulfill the obligations or international recommendations and in
order to ensure satisfying quantity of numbers, the AKEP can change the
structure and configuration of the numeration and also appointments of
numbers. In such circumstances, the holder of the numbers and the
numbers series shall not have the right to claim compensation.
2.
AKEP may change the decisions for the allocation of the numbers and
number series even upon the request of their holder; in the cases this
is possible.
Article 85.- Revocation of decisions on allocation of numbers and series
of numbers
1.
AKEP may revoke the right for using the numbers and the number series in
case it is found that:
a)
the holder of the request to use numbers or number series does not
comply with the requirements prescribed in this Law related to the
numbers and number serials allocation;
b)
the holder of the right to use numbers and number serials has not paid
in time the annual obligation for using the numbers and the number
series;
c)
the holder of the rights to use the numbers and the number serials has
not started yet to use them within a period of 3 years from the date
they were allocated;
Also,
AKEP can revoke the right of using the numbers and series of numbers
upon request of the holder of the right to use numbers or number series.
2.
For cases stipulated in letters “a”, “b”, “c” of point 1 of this Article
AKEP shall issue a notification with an explanation on the revoking of
the allocated numbers and series of numbers.
3. In
the cases when the revocation is a result of non-paying the fees on
numbering to AKEP, the revocation term shall not be shorter than 30 days
from the date of receiving the notification, referring to point 2 of
this Article.
4. In
case a decision is taken according to what is foreseen in point 1 of
this article, for revoking the assigned numbers and number series, the
implementation of this decision may not be shorter 60 days from the date
of receiving the notification
5.
Revocation of the numbers and series of numbers to the undertaking shall
be done upon written notices sent from AKEP.
Article 86.- Payments for use of allocated numbers and series of number
1.
Holders of the rights to use the numbers and the number series shall
make a payment to AKEP for the use of allocated numbers and series of
numbers.
2.
Criteria for the calculation of the payment shall be based on the type,
use and length of numbers.
3.
The fee for use of assigned numbers and series of numbers shall be paid
in advance for each current year, starting from the date of issuance of
the decision for allocating numbers and series of numbers.
4.
The fee for use of assigned numbers and series of numbers shall be paid
according to the provision prescribed in Article 119 of this Law.
Article 87.- Number portability
1.
Undertakings of public telephone networks shall create in the networks
the possibility that the subscribers retain their telephone number,
regardless of the undertaking that offers the telephonic service, as
follows:
a) in
the event of geographic numbers - to a specific region/location;
b) in
the event of non-geographic numbers - to any specific region/location.
2.
Provisions of Article 1 shall be applicable only within the number
ranges defined for telephonic service.
3.
The numbers are not portable from the public fixed communications
networks to public mobile communications networks and vice versa.
4.
All undertakings of public fixed electronic communications networks and
services shall be obliged to enable geographical portability to all
their subscribers, whenever changing the undertaking providing the
public fixed telephony services.
5.
All undertakings of public mobile electronic communications networks and
services shall be obliged to enable geographical portability to all
their subscribers, whenever changing the undertaking providing the
public mobile telephony services.
6.
Undertakings may charge their subscriber or other undertakings with a
fee for the number portability. Tariffs shall be cost-oriented and
should not act as a disincentive factor for the use of such service by
the subscribers.
7.
Undertakings shall be obliged to bear the costs for adapting and
maintaining their networks so as to enable number portability.
Article 88.- Implementation of number portability
1.
AKEP shall, by a special regulation, define the manner and timing of
implementation of number portability.
2. In
compilation of the regulations referred to in point 1 of this Article,
AKEP shall take into consideration:
a)
technical feasibility of number portability;
b)
technical parameters that are maintained during the number portability
in order to ensure that the number portability will not result in
degradation of service quality or network reliability;
c)
deployment schedule for number portability implementation, shall in no
event be longer than 1 year from the date this Law enters into force;
ç)
technical trials foreseen for the proposed system for number
portability.
Article 89.- Emergency call
service numbers
1.
All undertakings of public telephone networks shall be obliged to ensure
that users of publicly available telephone services, including users of
public pay telephones, are able to call emergency call numbers free of
charge.
2.
All undertakings of public telephone networks or publicly available
telephone services shall be obliged to make available free of charge to
emergency call services, and if technically feasible, identification of
the calling number and caller location information.
Article 90.- Non-geographic numbers
1.
Undertakings of public telephone networks or publicly available
telephone services shall be obliged, where technically and economically
feasible, to provide a possibility for the users from countries outside
of the Republic of Albania to be able to call non-geographic numbers
defined in the Republic of Albania according to National Numbering Plan.
2.
Undertakings of public telephone networks or publicly available
telephone services shall not be obliged to comply with the obligation
from point 1 of this Article, where a called subscriber has chosen, for
commercial reasons, to limit the calls originating from specific areas.
3.
Undertakings of electronic communication networks and public
communications networks shall allow the use of nomadic public telephony
service for their users.
CHAPTER X.- MEASURES FOR PROTECTION OF PUBLIC ELECTRONIC COMMUNICATIONS
NETWORKS
Article 91.- Public Electronic
Communications Networks
1.
Public electronic communications network is constructed to support the
public electronic communications services, and it functions as a
nationwide network, equally for all users, open to all undertakings and
integrated in the international network, in compliance with the
international standards.
Article 92.- Protection of network from damages
1.
Undertaking holds an accurate and full documentation for its own
network. Upon official request, the undertakings give to the
institutions in charge by law on the urban planning, and also to each
other data for parts of this network, in order to avoid the damages in
the network from the underground or construction works or from the
possible electrical influences, caused by putting into action the
devices near the electronic communications network.
Article 93.- Right for using the public and private property
1.
Undertaking has the right to use land, sites or objects under the state
ownership, including the buildings and the drainage over or under them,
the underwater rights and the air space rights, the streets, the lakes,
the forests, etc., for installing the electronic communications devices,
as well as for their maintenance.
2.
The ownership or the other rights to the real estate properties, in the
cases of special interest for the establishment, functioning, and the
maintenance of the public electronic communications networks and the
accompanying infrastructure, shall be nullified or limited according to
the procedures and the manners defined in the legislation in effect,
unless defined otherwise in this Law.
3.
Public electronic communications networks shall be planned as to create
the least possible risks and concerns for the private property.
4.
Before starting work in the sites or in the areas under public
ownership, the undertakings should notify the respective authorities and
should respect all the conditions set by them. The disputes between the
undertaking and the respective authority are settled by the court.
5.
Undertaking is obliged to use the properties above, in compliance with
the laws that protect the environment and at the end of the works, when
objectively possible, is obliged to turn the area in the previous
conditions.
6.
Undertaking uses the land, the sites and the objects under private
ownership, in agreement with their owners and in compliance with the
legislation in force.
7. In
case the installing or the maintaining of the electronic communications
devices damages the property or changes its functioning, the undertaking
shall be obliged to indemnify for the damage, according to the
legislation in force.
Article 94.- Obligation of undertaking for maintenance
1.
Undertakings shall be obliged to maintain the electronic communications
equipments in good working conditions in accordance with the technical
conditions and respective standards.
2. In
satisfying the requirements for maintaining the electronic
communications equipments, the employees authorized by the undertaking,
shall have the right to enter public and private property, to perform
the necessary operations, as well as for placing different signs, that
indicate the presence of electronic communications facilities.
3. To
ensure the proper functioning of the electronic communication equipment,
the operator has the right to cut trees, shrubs, branches and roots that
may damage the equipments listed above, in compliance with the demands
of the legal acts and sub-acts in force. If the owner hinders the
operator when carrying out these duties, the operator has the right of
appeal to competent authorities, which shall take the necessary measures
within 15 days period.
Article 95.-Protection of the network from damages caused by third
parties
1.
Individuals or private public entities, who perform construction and
excavation works, are required to inform public telecommunication
operators prior to commencement of these works to prevent damage to the
existing electronic communication network.
2. If
the works in the existing electronic communication network are
indispensable all expenditures for protecting, diverting, or repairing
damage to the networks will be covered by the organization performing
the works.
3.
Disputes among parties shall be resolved in court.
Article 96.- Obligations for
construction undertakings
1. In
case of construction of buildings for commercial activities or for
housing purposes, the construction undertakers shall be obliged to build
up the internal telephone network.
Article 97.- Standards of
electronic communication equipment
1.
Only equipment with technical features in accordance with the standards
harmonized and approved by the international organizations and
institutions/bodies where the Republic of Albania adheres may be
connected to a public electronic communication network.
CHAPTER XI.- RIGHTS OF USERS
Article 98.- Transparency and
Publication of Information
1.
Undertakings of the public electronic communications services and
networks shall publish detailed and transparent information on
applicable prices and tariffs and on the general conditions for access
to and use of public communications services. This information is made
public through public information means.
2.
AKEP shall define, by means of a regulatory document, the type and
content of the information that the undertakings of the public
electronic communications services and networks are obliged to publish.
3.
AKEP shall publish information in order to inform users on
communications services based on quality and tariffs of services that
will enable users to make choices in the Bulletin and its webpage.
Article 99.- Subscription
Contract
1.
Undertakings shall provide connection or access to the public electronic
communications networks on the basis of contract signed with
subscribers, for the implementation of the legislation in force: The
subscription contract in particular shall contain:
a)
name and address of undertaking;
b)
full identity of the subscriber and his/her address;
c)
services provided, service quality level offered, as well as the time
for the initial connection
ç)
type and manner of maintenance of services offered;
d)
detailed information on tariffs, and the time periods for notifying any
changes thereof;
dh)
information on the entry into force, duration of the subscriber
contract, and the conditions for extension and termination of the
subscriber contract, as well as the provision of services;
e)
any compensation and the refund arrangements to be applied in the cases
when the contracted service quality levels does not comply with the
quality level foreseen in the contract;
ë)
instructions on dispute settlement procedures;
f)
obligation to notify subscribers of intended modifications to the
conditions in the subscriber contract and instructions on how to accept
the new conditions for extension or termination of the contract;
g)
possibility for the users data not to be publicly accessible in the
telephone directory;
gj)
procedures in the event of non-payment or untimely payment of services;
2. If
the providers of public communications services establish subscriber
contracts with end users, such contracts must also contain the elements
listed point 1 of this Article.
3.
Subscribers must be informed of all proposed modifications to the
conditions in the subscriber contract within a period not less than 30
days prior to the proposed introduction of a modification. The
subscriber has also the right to terminate, without notice or
consequences, the subscriber contract if they disagree with
modifications to the conditions.
4.
Violation of point 3 of this Article by an undertaking shall not relieve
the subscriber of the obligations on the basis of the previous contract.
5.
The sample subscription contract signed from the undertaking and
subscriber must be based on the principle of equality between the
parties. It is compiled by the undertaking, and approved by AKEP.
Article 100.- Subscribers
Registration
1.
Undertakings of electronic communications services and networks shall be
obliged to register their subscribers, both postpaid and prepaid, prior
to the service activation.
2.
The form with the data which are compulsory to be given by the
subscribers to enable their registration according to this Article, are
defined by AKEP.
Article 101.- Data Preservation and Administration for the penal
proceedings purposes
1.
Regardless of other definitions in this Law, the undertakings of public
electronic communications services and networks shall be obliged to
preserve and administrate, for a 2 year period, the data files for their
subscribers.
2.
The data files for the subscribers should contain data that enable:
a)
identification of the subscribers, providing the complete identification
and the registration of them;
b)
identification of the terminal equipment used during the communications;
c)
definition of the date, time, duration of the communication and number
called.
3.
Those files shall be made available, in the electronic format as well,
to the authorities prescribed in the Code of Penal Procedure, upon their
request.
Article 102.- Quality of the
communications public service
1.
The undertakings of the public electronic communications services and
networks shall be obliged to publish comparable, adequate and up-to-date
information on the quality of their services.
2.
AKEP, on the basis of special regulation, shall define the
communications service quality parameters.
Article 103.- Presenting of
Calling Line Identification (CLI)
1. In
the public electronic communications network, the calling user shall be
offered, whenever technically and economically possible and justifiable,
upon his/her request and payment free, to prevent the display of the
Calling Line Identification (CLI), according to calling-calling
principle, excluding in any case the calls toward the emergency numbers.
2. In
the public electronic communication networks, the called user shall be
offered, whenever technically and economically possible and justifiable,
upon their request and payment free, to prevent the display of the CLI
coming calls. When the calling line identification CLI, is displayed
before the call is established, the called subscriber shall be offered
the opportunity, upon his request and payment free, to reject the coming
calls when the CLI presentation is prevented.
3. In
the public electronic communication networks, the calling users shall be
offered the opportunity, at its own initiative and payment free to
prevent the display of the number at the called user.
4.
Undertaking shall be obliged to inform about the terms and conditions
for the possibility of the display of the identification of the calling
line, as well as the different possibilities to prevent the display of
the calling line identification.
5.
Undertakings that have established direct relations with the
international undertakings, in agreement with them, shall be obliged to
define whether they are going to implement the provisions in the points
1, 2 and 3 of this Article also for the calls originated outside the
territory of the Republic of Albania, informing for this issue the other
interested parties as well.
Article 104.- Telephone
Directories and Directory Enquiry Services
1.
All subscribers of public telephone services shall have the right to an
entry in the general telephone directory.
2.
Undertakings of public electronic communications services and networks
that allocate telephone numbers to subscribers shall be obliged to
approve all reasonable requests for the provision of publicly available
directory enquiry services and directories, including all relevant data,
in prices publicly available.
3.
All the end users of the public telephone services must have access to
the telephone directory and in the section of enquiry services.
4.
The subscriber has the right, upon a previously submitted request to the
operator, to choose the data that will not be included in telephone
directory and in the section of enquiry services
5.
Undertakings shall be obliged to ensure the confidentiality of the
subscriber data, including its storage, usage and disclosure, in
compliance with this Law and other by-legal acts in force.
Article 105.- Operator
assistance
1.
Undertakings shall be obliged to organize and to have functional help
(assistance) services toward the end users , and to use all the possible
means to inform the end users for these services and the possibility of
their use, as well as the possible fees in case these services are
offered completely or partially with a payment.
2.
All end users with access to the public electronic communications
network must have access to operator assistance of the undertaking.
Article 106.- Itemized billing
1.
Undertakings shall be obliged to provide for its subscribers to publicly
available telephone services access to itemized billing that enables
them to control the sum charged.
2. In
the itemized billing, according to point 1 of this Article may not cover
calls to toll free phone numbers, including emergency call numbers.
3.
The itemized billing for public telephone services shall include at
least the following elements:
a)
billing period;
b)
fixed monthly payment for the service;
c)
type and amount of all other possible payments in the billing period;
ç)
numbers called, date, time and call duration;
d)
respective payment for every communication done;
Article 107.- Right of
Objection and Appeal
1.
The method and procedure for dealing with the complaints of end users
shall be defined in conditions of the subscriber contract
2.
Subscribers shall have the right to object to decisions or actions of
undertakings relating to access to or provision of services, whenever
they are in conflict with the terms of the contract.
3.
The objections referred to point 2 of this Article, shall be filed in
writing within 15 days from the date of receipt of the decision or
action made by the undertaking.
4.
The undertakings shall decide upon the appeal within 15 days of its
receipt, and shall inform the subscriber thereof in writing.
5.
The subscribers have the right, in compliance with the definitions in
the contract for the resolution of the disputes, to appeal in the court
for the decision taken from the undertaking according to point 4 of this
Article. The appeal is done according to this Law and the other legal
acts in force.
Article 108.- Restriction or
Interruption of Access
1.
The undertakings providing access to the public electronic
communications network may, without the consent of users, temporarily
restrict or interrupt the access to their services if required due to
upgrading, modernization or maintenance or in the event of faults or
damage of the network.
2.
Undertakings shall inform AKEP and notify the users for the restriction
or the interruptions of the service which will last more than 30
minutes. This information must be delivered:
(a)
at least 48 hours in advance in the case of planned upgrading,
modernization or maintenance of network;
(b)
as soon as practicable, but in no event later than 48 hours, following
the occurrence of restriction or interruption caused by faults or damage
of the network.
3.
The undertakings should undertake all the necessary measures, to make
the restrictions and interruptions last as short as possible;
Article 109.- Disconnections of
the Subscriber
1.
Undertakings providing access to the public communications networks may
restrict the access to their services and/or may disconnect the
subscribers and terminate the subscriber contract only if the subscriber
fails to settle his or her liabilities or breaches other conditions laid
down in the subscriber contract.
2.
Undertakings shall define accurately and in details in the contract
conditions the cases when the service limitation, interruption or the
contract interruption occurs.
3. In
the cases when the conditions of the contract are not fulfilled by the
subscriber, the undertakings are obliged to send him/her a written
notice within a reasonable time limit, in order for the subscriber to
fulfill the conditions of the contract.
4.
Undertakings shall not be obliged to notify subscribers in advance of
measures undertaken if the breach of the contract
(a)
causes an immediate and serious threat to public order and safety or
health of people and the environment;
(b)
causes serious physical, material or operational damage to the network.
5. If
a subscriber objects to the amount of a bill, the undertaking may not
act in accordance with point 1 of this Article until the final decision
is reached, where the subscriber, shall be obliged to pay the amount
within the defined time interval.
6. If
technically feasible, operators shall be obliged to restrict access only
to those services with regard to which the user breaches the subscriber
contract, except in instances of abuse, persistent late payment or
non-payment of bills.
7.
Undertakings shall not restrict the access to and use of emergency call
numbers.
Article 110.- Public Consultation
1.
AKEP, in the preparation process of regulatory documents for the
electronic communications market, and prior to taking decisions that
will significantly influence such market, shall be obliged to obtain and
take appropriate account of the opinions of interested parties through a
public consultation.
2. In
the process of the public consultation, AKEP shall publish the proposed
regulatory documents and shall seek the submission in writing of
opinions thereon from interested parties within the published interval,
which may not be shorter than 30 days.
3. If
AKEP deems necessary, it may also hold a public hearing, at which
representatives of interested parties may be invited to present their
opinions on the proposed regulatory documents.
4.
After the expiry of the interval from point 2 of this Article, and prior
to the adoption of the regulation, AKEP shall make publicly available
the obtained opinions, keeping the confidentiality of information.
CHAPTER XII.- ELECTRONIC COMMUNICATIONS IN SPECIAL CASES
Article 111.- Emergency
Measures for the Provision of Services
1.
The undertakings shall be obliged, with their own networks and services,
to face the state needs in extraordinary situations, and when requested
to serve to the national defense and public order interests.
2.
The undertakings providing access to public electronic communications
network and provide electronic c
ommunications services available to public shall develop
3.
The plan of measures according to point 2 of this Article shall ensure
uninterrupted access and use of the emergency numbers.
4.
The plans of measures shall oblige undertakings to implement emergency
measures throughout the duration of the extraordinary situation.
5.
The Minister, in cooperation with the other structures legally assigned
to cope with the extraordinary situations and with AKEP, proposes to the
Council of Ministers the measures to be included in the plans of
measures according to point 1 of this Article.
Article 112.- Cooperation of
undertakings in specific cases
1.
Undertakings shall be obliged to cooperate among them and with the
government organizations, inter-government and non-profitable
organizations to use the electronic communications resources to
facilitate and to cope with the specific cases:
a)
putting the ground and satellite communication equipment to prevent,
supervise and ensure the prevention of the natural damages, disasters in
general, and health ones in particular;
b)
giving notifications on natural disasters, health disasters through the
organizations related with them, and spreading the data in the public
especially in the communities that are mostly endangered;
c)
establishing and putting into function the flexible electronic
communications services that are used by the humanitarian organizations.
2. To
facilitate the implementation of above-stated measures, the undertakings
may sign special agreements, and set special payments or to sign
amendments to the existing agreements.
Article 113.- Provision of
Universal Service during strikes
1.
Universal service providers shall be obliged to make a decision by which
they will preliminary select the employees who must, during strikes,
ensure the uninterrupted provision of universal service or fulfilling
the obligations of the undertaking pursuant to Article 112 of this Law.
CHAPTER XIII.- FUNCTIONING OF ELECTRONIC AND POSTAL COMMUNICATIONS
AUTHORITIES
Article 114.- Status and
Governing Council of Electronic Communications and Postal Authority
1.
The Authority of Electronic and Postal Communications is a public,
non-budgetary, legal entity. Authority of Electronic and Postal
Communications is chaired by the Governing Council, which is independent
in the decision making, and it functions based on the Internal
Regulation, which the Council itself has adopted.
2.
The Electronic and Postal Communications Authority Headquarters is
located in Tirana.
3.
The Governing Council is composed of 5 members appointed for a 5 year
office term, by the Assembly of the Republic of Albania, with the
proposal of the Council of Ministers, and having the right for no more
than 1 office terms. The Assembly appoints as the Chairman one of the
members of the Governing Council. The Chairman of the Council is the
Executive Director of the Electronic and Postal Communications
Authority.
4.
Member of the Governing Council shall be graduates and qualified
experts, with a minimum of 7 years experience and shall represent the
sector of the electronic communications, postal, economic, and
juridical.
5.
Any Governing Council member, upon appointment shall resign from any
official positions or functions, give up any for-profit activity, as
well as to sell and liquidate any financial interest that might he/she
might have in companies that exercise commercial activity under the
jurisdiction of the Electronic and Postal Communications Authority.
6. An
individual cannot be member of the Board if he/she:
a) is
a spouse or has family ties with members of the Council of Ministers, up
to the second generation;
b)
has been convicted by a final court judgment for any criminal act;
c) is
debtor or creditor in a company which is subject to the regulatory
framework of the Electronic and Postal Communications Authority;
ç) is
excluded by law to hold public state positions/functions.
Article 115.- Decision Making
and Structure of the Governing Council
1.
Governing Council shall make decision by a majority of votes when at
least 3 members are present. Each of the members, including the
Chairman, has the right of one vote. None vacancy in the Governing
Council of the Electronic and Postal Communications Authority shall
effect the right of the rest of the members to exercise all rights
granted to the Governing Council of the Electronic and Postal
Communications Authority.
2.
The members of the Governing Council of the Electronic and Postal
Communications Authority shall not participate in the voting process,
when it is verified one of the cases prescribed in the Article 37 of the
Code of Administrative Procedures in the Republic of Albania.
3.
Salaries of the Governing Council members are defined upon a decision of
the Council of Ministers.
4.
Organizational structure, number and salary of the Electronic and Postal
Communications Authority staff shall be defined according to the
legislation in force.
5.
Governing Council defines the employment rules and criteria according to
the laws in force.
Article 116.- Discharge and dismissal of Governing Council members
1. A
member of the Governing Council is discharged or dismissed by the body
that has appointed him/her if he/she:
a) is
physically or mentally incapable of carrying on assigned tasks;
b)
has been found guilty of a crime by a final court judgment while
exercising the duties of the member;
c) is
appointed or is running for member of Parliament in the Republic of
Albania or in the local government bodies, with exception when he/she is
a member of professional associations and holds duties in them;
ç)
has refused to or does not carry on assigned tasks without cause, or has
been unable to exercise his/her duty for 6 months or more;
d) is
included in any of the provisions of the Article 114, point 6 of this
Law.
dh)
acts in contradiction with provisions of this Law.
2.
When a member has been discharge or dismissed, according to point 1 of
this article, a new member is appointed by the respective authority, as
stated in Article 114 of this Law.
3. A
dismissed Board member shall not have the right to be re-appointed in
the Governing Council.
Article 117.- Financing and
Budget of Electronic and Postal Communications Authority
1.
Financing sources of the Electronic and Postal Communications Authority
are the payments according to the definitions in Article 24 and 119 of
this Law and other legal acts in force.
2.
Not later than six months before a financial year starts, the Electronic
and Postal Communications Authority makes a forecast of the operational
cost fund and submits it to the Council of Ministers for approval.
3.
The Electronic and Postal Communications Authority shall keep full and
accurate accounts of actual expenses, in compliance with the Albanian
legislation on accounting.
4.
Any amount exceeding the expenses of the Electronic and Postal
Communications Authority shall go to the State Budget.
Article 118.- Publication
1.
The documentation filed to the Electronic and Postal Communications
Authority shall be made publicly available during a specified time
within the business hours. Those files shall include documentation,
which is indexed according to instructions, procedures and standards
defined by the Governing Council of the Electronic and Postal
Communications Authority, respecting the principle of confidentiality.
2.
Important documentation such as criteria, notification procedures,
issuance of authorization for the right to use, authorizations issued,
technical rules and regulations, standards, etc, shall be published in
the Bulletin and in the webpage of the Electronic and Postal
Communications Authority.
Article 119.- Payments
1.
Payments made to the AKEP are:
a.
Payment on supervision of electronic communication market according to
the stipulations in Article 24;
b.
Payment for universal service financing according to stipulations in
Article 30;
c.
Payment for allocation and usage of frequencies, according to
stipulations in Article 78;
ç.
Payment for allocation and usage of numbers and series of numbers
according to Article 86.
2.
Definition of payments for allocation and usage of numbers and series of
numbers stipulated in letters “c” and “ç” of point 1 of this article
shall be approved by the Council of Ministers upon AKEP proposal.
CHAPTER XIV.- DISPUTES
Article 120.- Disputes
resolution
1.
AKEP shall resolve disputes between undertakings of electronic
communications networks and services, in cases prescribed by this Law
and pertinent regulations thereto.
2. In
cases referred to in point 1 of this Article, AKEP shall initiate a
dispute resolution procedure at the request by any party to the dispute.
3.
AKEP shall apply the provisions of the Code of Administrative Procedures
to the dispute resolution, unless otherwise stipulated by this Law.
4.
AKEP shall, during resolution of disputes, be obliged to take into
consideration the objectives of ensuring effective competition and
protection of users' interests, as provided under this Law.
5.
AKEP shall be obliged to publish decisions relating to disputes, where
it must take into account the prohibition on publication of the business
secrets of parties.
CHAPTER XV.- DATA AND PRIVACY PROTECTION
Article 121.- Confidentiality
1.
Undertakings should take measures on the electronic communications
systems and data processing systems to keep the secret of the electronic
communications and personal data, as well as to prohibit the
unauthorized access in the electronic communications systems and data
processing systems.
2.
Undertaking, the authorized people and its employees, shall be obliged
to keep and protect the data and the communications confidentiality
conducted through the network and its services throughout of the
activity, as well as after its completion.
3.
Undertaking may be informed about messages or data transmitted through
his/her network only to the extent necessary to perform the duty for the
provision of electronic communications services.
4.
Receiving, registering, publishing and using of data and messages
transmitted by the electronic communications network and that are not
for the public, as well as their provision to unauthorized people is
prohibited unless is defined otherwise in the legislation in force.
Article 122.- Protective
Measures
1.
Undertakings of public electronic communications networks and services
shall be obliged individually, and jointly where necessary, to adopt
appropriate technical and organizational measures to ensure the security
of their networks and/or services.
2.
Such measures must ensure a level of security and protection appropriate
to the reasonable foreseeable risks.
3.
Undertakings of public electronic communications networks and services
shall be obliged to inform their users of particular network security
risks and the means whereby users can reduce such risk, as well as of
the potential costs covered by the users, if the risk lies outside the
scope of measures which the undertaking may take.
Article 123.- Communication
confidentiality
1.
Communication confidentiality shall apply to:
a)
content of communication
b)
traffic data and location data related to the communications,
c)
data on unsuccessful attempts to establish a connection
2.
All forms of surveillance, tapping, interruption, recording, storage,
transfer and diverting of communications and data referred to in point 1
of this Article are hereby prohibited, except in cases where it is
necessary for the purpose of conveyance of a message as a fax message,
electronic mail, electronic mailbox, voice mail, SMS message or in the
cases stipulated by law.
3. In
case the undertakings of public electronic communications services and
networks need to obtain information on the content of communications, or
copy or store communications and related traffic data, they shall be
obliged to inform the subscriber on entering subscriber contracts or at
the start of provision of public communications services. In case the
information or content of communication is no longer required for the
provision of the specific public communications service, they shall
erase it as soon as technically feasible.
4.
Subscribers or users may record communications, but they shall be
obliged to inform the sender or recipient of the communication thereof
or adjust the operation of the recording device so that the sender or
recipient of the communication is informed of its operation and
recording.
5.
Recording of communications and the associated traffic data shall be
permitted with the objective of securing evidence of market transactions
or any other business communications, or within organizations receiving
emergency calls, for their registration, identification and resolution.
6.
The use of electronic communications networks to store data or gain
access to data stored in the terminal equipment of subscribers or users
for further processing shall only be permitted in cases where the
undertaking of public communications networks and services:
a)
informs in advance the subscriber or user of the purpose of processing
of such data;
b)
gives the subscriber or user the right to refuse such request; and
c)
provides the subscriber or user with a designated point of contact to
which to communicate such refusal.
7.
Storage of or access to data shall be permitted for the sole purpose of
faster carrying out the transmission of a message over an electronic
communications network, or if essential for the provision of an
information society service which the subscriber or user explicitly
requested.
Article 124.- Traffic
Communication Data
1.
Traffic data relating to subscribers and users processed and stored by
an operator of public communication network or a provider of public
communication service must be erased or made anonymous, as soon as it is
no longer needed for the transmission of a message.
2.
Operators and service providers of public communications networks may
store and process traffic data required for billing and interconnection
payments until payment for services.
3.
Providers of public communications services may, for the purpose of
marketing electronic communications services or for the provision of
value added services, process traffic data only on the basis of the
subscriber's or user's prior consent. Subscribers or users must be
informed of the types of traffic data processed and the duration of such
processing prior to giving consent. Users or subscribers shall have the
right to withdraw their consent at any time.
4.
Operators and service providers of public communications networks shall
be obliged to stipulate in the subscriber contract the manner of
storage, duration and processing of traffic data and to declare that
they shall handle them in accordance with this Law.
5.
Traffic data may only be processed by the responsible persons with the
operator of public communications networks or service provider of public
communications who are responsible for billing or traffic management,
customer enquiry response, fraud detection, electronic communications
services marketing, or provision of value added services, and the
processing must be restricted to the extent that is necessary for
conducting the activities.
6.
Operators and service providers of public communications networks shall
be obliged to provide the traffic data, after a prior request from AKEP
for the purposes of proceedings pursuant to this Law.
Article 125.- Calling and
Connected Line Identification
1.
The operator or service provider of public communications networks
offering calling line identification shall be obliged to enable the
calling user, before each call, to use the possibility, using simple
means and free of charge, of preventing the presentation of the calling
line identification. Providers of public communications services shall
be obliged to provide its subscribers the identification for all calls
from their lines, to automatically and free of charge prevent.
2.
Operators and service providers of public communications networks shall
be obliged to override obligations of point 1 of this Article only for
emergency calls.
3.
The operator or service provider of public communications networks
offering calling line identification shall be obliged to enable the
called user of preventing the presentation of the calling line
identification, before each call, to use the possibility, using simple
means and free of charge.
4. If
an operator or service provider of public communications networks offers
called line identification and the identification is possible prior to
the line being established, the called subscriber must have the
possibility, using simple means and free of
5. If
an operator or service provider of public communications networks offers
called line identification, it shall be obliged to enable the called
user, to use the possibility, of preventing the connected line
identification to the calling user, using simple means and free of
charge.
6. If
a subscriber requests in writing that the operator trace malicious or
nuisance calls, the operator or service provider of public
communications network may temporarily record the origin of all calls
ending in the network termination point of such subscriber, including
those for which prevention of calling line identification has been
requested.
7.
Data on tracing must be stored and their further treatment from the
undertaking shall be done as stipulated in the legal frame in force.
8.
Operators and service providers of public communications networks shall
be obliged in their general conditions for conclusion of subscriber
contracts to determine the possibility of presentation and prevention of
calling and connected line identification.
9.
Provisions of this Article shall apply to subscriber lines connected to
digital exchanges and to analogue exchanges only if such requirements
are technically feasible or would not cause unjustified costs.
Article 126.- Location data
1.
Location data other than traffic data relating to users or subscribers
may be processed only in anonymous form or on the basis of a prior
consent by the user or subscriber to the extent and for the duration of
the provision of a value added service.
2.
Users or subscribers may withdraw at any time the consent referred to in
point 1 of this Article.
3.
Users or subscribers, prior to giving their consent for data processing,
must be informed about the following:
a)
type of data to be processed,
b)
purpose and duration of such processing,
c)
possibility that location data may be transmitted to third parties for
the purpose of providing the value added service
4.
Users or subscribers who have consented to the processing of location
data from point 1 of this Article shall have the possibility, using
simple means and free of charge, of temporarily refusing the processing
of such data for each connection to the network or for each transmission
of a communication.
5.
Location data from point 1 of this Article may only be processed by
competent people employed by the operator or provider of public
communication services or employed by third parties providing value
added service, but they must be restricted to the extent that is
necessary for the provision of the value added service
6. If
technically feasible, operators shall be obliged to supply the location
data referring to emergency call numbers to the competent body
responding to emergency calls.
Article 127.- Automatic Call
Forwarding
1.
Subscribers must have the possibility, using simple means and free of
charge, of stopping automatic call forwarding by a third party to their
terminal equipment.
2.
Provision from point 1 of this Article shall apply only if the
implementation is technically feasible or would not cause unreasonable
costs.
Article 128 .- Unsolicited
Communications
1.
The use of automated calling systems for making calls to the
subscribers’ telephone numbers without human intervention (e.g.
facsimile machines or electronic mail), for the purposes of direct
marketing, may only be allowed if subscribers have given their prior
consent.
2.
Natural persons or legal entities having electronic mail addresses from
the customers of their products or services may use such addresses for
direct marketing of their similar products or services, but they shall
be obliged to give their customers the possibility at any time, free of
charge and using simple means, of preventing such use of their
electronic address.
3.
The sending of electronic mail for the purposes of direct marketing
disguising or concealing the identity of the sender on whose behalf the
message is sent, or without a valid address to which the recipient may
send a request that such communications cease, shall be prohibited.
Article 129.- Subscriber Data
1.
Operators may obtain the following data on their subscribers:
(a)
name or title of the subscriber;
(b)
identity number for natural persons, and tax and registration numbers
for legal entities;
(c)
activity of the subscriber, at his request;
(ç)
address of the subscriber;
(d)
subscriber’s number;
(dh)
at the request of the subscriber, academic title after the name of the
subscriber;
(e)
on the basis of payment, additional data if so desired by the
subscriber, provided that this does not encroach on the rights of third
parties;
(ë)
regularity of payment.
2.
Data stated in point 1 of this Article may only be used for:
a.
signing, monitoring and terminating the subscriber contract;
b.
billing for services;
c.
the preparation and issuing of subscriber directories in accordance with
this Law.
3. On
termination of a subscription/contract, data from paragraph 1 of this
Article must be stored for not less than one year from the date of
issuance to the subscriber of the latest bill for services provided, and
if during such interval an order is issued by the competent body for the
storage and transmission of such data, for the period stipulated by the
order of the competent body.
Article 130.- Telephone
Directories
1.
Besides provisions in article 104 of this law, subscribers must be
informed free of charge of the purposes of directories and of the use of
such data before it is made available to the public. Costs of informing
subscribers shall be borne by the undertaking.
2.
Subscribers must have the opportunity to determine which, if any, of
their personal data from point 1 of Article 129 will be included in a
public telephone directory. Subscribers may verify their personal data
or require their correction or erasure.
3.
Refusal to be included in a public telephone directory, and verifying,
altering or erasing personal data shall be charged on the basis of real
costs.
Article 131.- Lawful
Interception of Communications
The
lawful interception of electronic communications is done in compliance
with the legal framework in force. Undertakings of the electronic
communications public networks and services should meet the obligations
under such legal framework.
CHAPTER XVI.- INSPECTION, MONITORING OF FREQUENCIES SPECTRUM AND
ADMINISTRATIVE MEASURES
Article 132.- Inspection
1.
The inspection of the activity of the public electronic communications
services and networks undertaking, or any other natural person or legal
entity that exercise activity in the field of electronic communications,
is conducted by AKEP inspectors.
2.
AKEP inspectors are provided with special identification document. They
inspect in the premises where the undertaking exercises its activity
even without prior notice, in order to verify the conformity with
provisions of this law and the respective regulation issued for its
implementation.
3.
Undertaking, other natural persons or legal entity that perform
activities in the field of electronic communications shall be obliged to
enable the inspector to enter and inspect where the electronic
communications equipment are located and to deliver at the request of
the inspector the necessary data and documentation.
4.
Where special expertise is needed, the inspectors may ask for experts.
Article 133. Monitoring of Frequency Spectrum
1.
AKEP monitors the frequency band stipulated in the National Plan of
Frequencies in order to:
a)
usage of frequencies allocated upon authorization is made in compliance
with the legal framework in force, for the implementation of the
conditions of the authorization;
b)
the frequency band is used only used from authorized users according to
provisions of this law;
c)
create a suitable environment and with no interferences harmful to
operating of radio transmission systems and stations which will be used
for private or public purposes.
2 The
AKEP cooperates on the monitoring of frequencies if such request comes
from other institutions authorized by this law for the administration of
frequencies band.
3
Monitoring of the frequencies shall be made in compliance with the
respective regulation drafted by the AKEP.
4
Monitoring of the frequencies can be made upon request of the subjects
who own an authorization issued by the AKEP.
Article 134.- Equipment
Blocking and prohibiting their function
1.
When a natural or legal entity exercises an activity in the electronic
communications field unauthorized by AKEP the inspectors shall block the
equipments.
2.
The blocked equipments shall be inventoried and sequestrated. After 1
month from the date such blocking, the equipments shall be sold by the
authorized entities according to the law. Part of the proceeds of sale,
as it is defined in the respective contract between AKEP and the above
entity, shall pass to the State Budget
3.
When the inspectors ascertain that the radio equipment of the
undertakings of the public electronic communications services and
networks, cause harmful interferences, nevertheless the issuance of an
authorization for their use, they shall have the right to interrupt
their further functioning.
4.
Blocking and sealing the functioning of the equipments, according to
this Article, shall be indicated with a seal whose content and form
shall be defined by AKEP.
5.
Upon the undertaking written request to AKEP, the inspector shall make
the necessary verification and in case it is ascertained that the
harmful interferences have been avoided, shall allow the further
functioning of the equipment suspended according to point 3 of this
Article.
6.
For the implementation of duties deriving from articles 132, 133, and
134 of this law, the AKEP cooperates with local government and police
authorities.
Article 135.- Administrative
violations
1.
Where AKEP inspectors have sufficient evidence that an undertaking of
public electronic communications services and networks, or any other
natural or legal entity that exercises activity in the electronic
communications field, has violated this Law and the approved
regulations, shall have the right to impose fines, pursuant to article
137 of this Law, and to request for taking measure for remedy,
specifying the period for such remedy;
2.
Where AKEP inspectors verify that an undertaking of public electronic
communications network and services, has violated this Law and the
approved regulations, except point 1 they shall have the right to:
(a)
propose to the Governing Council of the Electronic and Postal
Communications Authority, revocation of the frequencies/numbering use;
(b)
propose to the Governing Council, revocation of the right for offering
services to the electronic communications networks;
3.
The Governing Council of the Electronic and Postal Communications
Authority after the examination of the inspectors proposal, in
compliance with letters “a” and “b” of point 2 of this Article decides:
(i)
to warn the undertaking, in writing, by specifying the violation
committed;
(ii)
to approve the inspectors’ proposal
4.
Prior to decision making, the Governing Council of the Electronic and
Postal Communications Authority calls the undertaking in a public
hearing giving the opportunity to submit explanations. AKEP shall make
the decision in compliance with the Code of the Administrative
Procedures.
Article 136.- Appeal
1. An
appeal against the fine imposed by the inspectors according to, letter
“a”, point 1, article 135 of this law may be filed to AKEP Governing
Council within 10 days from the date of its imposition. The Governing
Council makes a decision within 30 days from the appeal date. An appeal
against the decision of AKEP Governing Council may be made within 30
days from the announcement date to the district court, in whose
jurisdiction such violation is committed.
2.
Against AKEP Governing Council decisions, according to point 3, Article
134, of this law may be appealed to Tirana District Court within 30 days
from the decision date.
Article 137.- Penalties
1.
The following violations, where they do not constitute a criminal
offence, shall be considered as administrative violations and shall be
subject to the fines as follows:
I.
A
fine in the amount of 7% to 10% of the annual revenue acquired by the
legal entity during the previous calendar year, or of the total gross
revenues acquired by the legal entity for the current year in case the
legal entity commenced its operations during that year, shall be imposed
if the legal entity:
1.
fails to notify AKEP prior to the commencement of the construction and
use of public communications networks or services according to Article
14.
2.
fails to establish a separate legal entity or to keep separate financial
accounts of the income, if it uses electronic communications networks or
services for own-use for the provision of public communication services
according to Article 23, point 2;
3.
fails to provide universal service as required by Article 25;
4.
fails to meet the obligation on transparency according to Article 40;
5.
fails to meet the obligation on non-discrimination according to Article
39;
6.
fails to meet the separated accounts obligation according to Article 41;
7.
fails to comply with the obligations imposed relating to price control
or cost accounting to Article 45, 59;
8.
fails to comply with AKEP decision on price regulation according to
article 58 of this law;
9.
fails to comply with AKEP order on signing access and interconnection
agreements according to Article 60;
10.
fails to comply with the obligations imposed relating to ensuring the
minimum set of leased lines according to Article 44;
11.
fails to comply with the obligations imposed relating to allowing access
to and use of specific network facilities according to articles 46 and
47;
12.
fails to comply with the obligations imposed on ensuring the selection
or pre-selection of the carrier according to Article 43;
13.
fails to comply with the obligations on reference offer according to
Article 52;
14.
uses radio frequencies without an authorization for use of radio
frequencies according to Article 65;
15.
uses numbers and series of numbers without AKEP decision according to
Article 81;
16.
fails to submit data on the network according to Article 92;
17.
undertakes surveillance, tapping, interruption, recording, storage and
diverting of communications and data in instances forbidden by the
provisions of Article 123, point 3;
18.
fails to comply with the obligation on lawful interception of
communications according to Article 131;
19.
prevents AKEP inspectors from entering in the premises where the
communication equipment and technical devices are installed or fails to
submit the data and documentation requested by inspectors according to
Article 132, point 3;
II.
A
fine in the amount of 3% to 5% of the annual revenue acquired by the
natural person during the previous calendar year, or of the total gross
revenues acquired by the natural person for the current year in case the
natural person commenced its operations during that year for the
violations specified in the point I
above.
III.
A
fine in the amount of 4% to 7% of the annual revenue acquired by the
legal entity during the previous calendar year, or of the total gross
revenues acquired by the legal entity for the current year in case the
legal entity commenced its operations during that year, shall be imposed
if the legal entity:
1.
fails to construct and establish the public communications networks and
additional facilities so as to enable their joint use, according to
Article 22, point 1;
2.
fails to implement AKEP decision on setting the payment/fee for joint
use of the facilities for ensuring public telecommunication networks and
services according to Article 22, point 7;
3.
where undertaking is assigned as a universal service provider,
discriminates in the inclusion of data obtained from different operators
in the general telephone directory or in the directory enquiry service,
according to Article 25;
4.
fails to set equal prices throughout the territory of the Republic of
Albania for services provided as universal services, according to
Article 27, point 2;
5.
fails to determine tariffs and general payment conditions for certain
universal service according to Article 27, point 4;
6.
fails to achieve the measured values of quality parameters at least
three times in succession, according to Article 28, point 5;
7.
fails to pay the compensation for real costs for provision of universal
service within the interval and in the amount defined by AKEP according
to Article 30, point 4;
8.
fails to submit to AKEP the information on annual revenues according to
Article 30, point 5;
9.
fails to respond to the request for providing access offer within the
deadline stipulated in Article 46 point 1;
10.
fails to meet a requirement for interconnection according to Article 47,
point 1;
11.
fails to protect confidentiality of data exchanged when negotiating on
interconnection according to Article 47, point 2;
12.
transfers the right to radio frequencies without AKEP prior consent
according to Article 74, point 1;
13.
fails to enable number portability for its subscribers, according to
Article 87;
14.
fails to publish transparent information on applicable tariffs and on
the general conditions of access to and use of public communications
services according to Article 98, point 1;
15.
fails to inform users and AKEP of the restriction or termination of
access to their services in accordance with Article 108 point 2;
16.
restricts access to its services, disconnects subscribers or terminates
a subscriber contract in contraction with the provisions of subscriber
contract, according to Article 109, point 1;
17.
introduces discriminatory and disproportionate measures, against what is
prescribed in Article 109;
18.
fails to inform the subscriber in writing of the made violations and
fails to set a time limit for the fulfillment of the contractual
obligations according to Article 109, point 3;
19.
fails to adopt and submit to AKEP a Plan of Measures on extraordinary
situations, according to Article 111 point 2;
20.
fails to meet the obligations of Article 112, point 1;
21.
fails to provide uninterrupted access to emergency call numbers with the
measures of the plan of measures, according to Article 113;
22.
fails to protect the confidentiality of electronic communications
according to Article 121, point 2;
23.
acquires for itself or for another party information on the contents,
facts and circumstances of transmitted messages in excess of the minimum
necessary extent essential for the provision of specific electronic
services, or fails to use such information solely for the provision of
such services and in compliance with contractual undertaking relating
thereto, according to Article 123 point 3;
24.
fails to inform the users in a clear and understandable manner about the
purpose and use of data, or fails to offer an opportunity for refuting
such data processing, or fails to obtain the consent of a user prior to
the processing of data, according to Article 123, point 6;
25.
fails to erase traffic data or make such data anonymous after
termination of the need for transmission of the message according to
Article 124, point 1;
26.
processes traffic data without the prior consent of the user or
subscriber according to Article 124, point 3;
27.
allows traffic data to be processed by persons that are not authorized
to do that, according to Article 124, point 5;
28.
fails to process location data according to Article 126;
29.
allows that location data be processed by persons that are not
authorized to do that, according to Article 126, point 5;
30.
uses the electronic address of customers for direct marketing without
allowing the customers to refuse such direct marketing, according to
Article 128, point 2;
31.
uses a false identity or false address in direct marketing with the use
of electronic communications, according to Article 128, point 3;
IV.
A
fine in the amount of 2% to 4% of the annual revenue acquired by the
natural person during the previous calendar year, or of the total gross
revenues acquired by the natural person for the current year in case the
natural person commenced its operations during that year for the
violations specified in the point III above.
V.
A
fine in the amount of 2% to 4% of the annual revenue acquired by the
legal entity during the previous calendar year, or of the total gross
revenues acquired by the legal entity for the current year in case the
legal entity commenced its operations during that year, shall be imposed
if the legal entity:
1.
fails to act in compliance with the requirements for approval and
allocation of radio frequencies, according to Articles 70 and 71;
2.
fails to act in accordance with the decision on the allocation of
numbers and series of numbers, according to Article 83;
3.
fails to plan public communication networks in a manner that will allow
minimum interference and jeopardizing of the private property, according
to Article 93, point 3;
4.
fails to inform in advance the respective authorities prior to commence
the works, according to Article 93, point 4;
5. a
subscriber contract does not contain all the prescribed elements
according to Article 99, point 1;
6.
fails to inform its subscribes of the amendments to the conditions of
the subscriber contract according to Article 99, point 3;
7.
fails to make available a level of itemized billing that enables control
of the sum charged according to Article 106;
8.
the itemized bill does not contain data prescribed , according to
Article 106, point 3;
9.
fails to ensure calling line and called number identification and
prevention thereof according to Article 125, point 1;
10.
in the general conditions for concluding a subscriber contract fails to
stipulate the possibility of calling line (called number identification)
and prevention thereof according to Article 125, point 8;
11.
fails to inform the users or the subscribers of the elements prescribed
in Article 126, point 3 before they provide consent for processing the
data;
12.
fails to offer subscribers or users the possibility of temporarily
refusing the processing of location data according to Article 126, point
4;
13.
uses subscriber data collected in contravention to Article 129 point 2;
14.
fails to inform subscribers free of charge of the purpose of subscriber
telephone directory and the usage of in the directory, according to
Article 130, point 1;
15.
fails to provide subscribers with the opportunity to determine whether
and which of their personal data will be included in the telephone
directory according to Article 130, point 2;
16.
refuses to enable the subscriber to verify, alter or erase the personal
data in the public directory claiming that such services are not free of
charge according to Article 130, point 3;
17.
fails to pay the full payment for market supervision within the time
period set forth in Article 24, point 3;
18.
fails to pay in full payment for use of radio frequencies within the
time period set forth in Article 78;
19.
fails to pay in full payment for use of allocated numbers and series of
numbers within the time period set forth in Article 86.
VI.
A
fine in the amount of 1% to 2% of the annual revenue acquired by the
natural person during the previous calendar year, or of the total gross
revenues acquired by the natural person for the current year in case the
natural person commenced its operations during that year, for the
violations specified in the point V above.
VII.
A
fine in the amount of 1% to 2% of the annual revenue acquired by the
legal entity during the previous calendar year, or of the total gross
revenues acquired by the legal entity for the current year in case the
legal entity commenced its operations during that year, for any other
violations not defined in the points above.
VIII.
A
fine in the amount up to 1% of the annual revenue acquired by the
natural person during the previous calendar year, or of the total gross
revenues acquired by the natural person for the current year in case the
natural person commenced its operations during that year for the
violations specified in the point VII above.
2.
The fine is an executive title collected by AKEP and allocated to the
state budget.
3.
Appeals may be filed against the penalties imposed according to Article
136 of this Law.
Article 138.- Transitional provisions
1.
TRE Governing Council, appointed in complaince with the Law no. 8618,
dated 14.6.2000 “On Telecommunications in the Republic of Albania” as
amended, shall continue to function even after this law enters into
force. Its members shall continue to hold office within the time-term
specified in the appointment term decision. Calculation of their term
shall start from the day of their appointment.
2.
Council of Ministers decisions issued pursuant to Law no. 8618, dated
14.6.2000 “On Telecommunication in the Republic of Albania” as amended,
shall remain in force until the issuance the respective decisions in
compliance with this Law.
3.
TRE and Minister decisions, orders and instructions shall remain in
force until the issuance the respective decisions, orders and guidelines
in compliance with this Law.
4.
All licenses issued in compliance with Law no. 8618, dated 14.06.2000
“On Telecommunications in the Republic of Albania” as amended, shall
remain in force, nevertheless the abrogation of such Law, until the
moment they are amended in compliance with the provisions of this Law,
but not later than 6 months following the entrance into force of this
Law.
Article 139.- Repeal
1.
Law no. 8618, dated 14.06.2000 “On Telecommunications in the Republic of
Albania”, as amended, is repealed.
Article 140.- Entry into force
This
law shall enter into force 15 days after its publication in the Official
Journal.
Declared with decree nº 5747, dated 9.6.2008 of the President of the Republic of Albania, Bamir Topi.