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General authorization regimes in EU MS
Country
Name of NRA




National provisions transposing art. 3.2, art 3.3 and art. 9 of the
EU Authorization Directive and links to relevant legislation




Institution in charge of receiving any notification/declaration in the
Country
Any differentiation of the requirements for undertakings
depending on whether they intend to provide ECN/ECS to
consumers or not, i.e. if they only intend to provide ECN/ECS to
business users




Possibility to submit the notifications/declarations online and
relevant links
Number of categories of networks and services provided for by
the notification/declaration




Possibility to download the notification/declaration form online
and relevant link
Availability of an English version of the notification/declaration
form and relevant link




Grounds for rejection of the notification beyond the requirements
provided for in Article 3(3) Authorisation Directive
Any further obligations imposed on operators in terms of
administrative duties and/or provision of information/documents
related to the authorization requirements




Legal basis for authorization requirements (national legislation or
administrative decisions of the NRA)
Provision, from the institution in charge, of an acknoledgement to
the undertakings submitting the notification/declaration in order
for it to be able to ask to interconnect with other operators




Specific reporting obligations for the undertaking who has
submitted the notification/declaration
Language to be used to report any information requested




Administrative charges     envisaged    under    the      general
authorization regime
Relevant basis for the calculation of the administrative charges




Specific provisions, in the national notification/declaration
system, addressed to cross-border services providers




Contact point for the relevant office in charge of authorisation
issues (email, telephone number, web page if available)
                                          Austria
                                           RTR
Notification obligation according Article 15 of the Austrian Telecommunications Act 2003:
(1) The intended provision of a public communications network or service as well as its
modifications and its termination shall be notified to the regulatory authority prior to the
start of operation, modification or termination.
(2) Notification shall be in writing and shall provide the following information:
1. name and address of the provider,
2. legal structure of the undertaking, where appropriate,
3. short description of the network or service,
4. anticipated date of the start of operation, modification or termination of the service.
(3) The regulatory authority shall acknowledge receipt of the notification within a week of
receiving the complete notification. This certificate shall also point out the rights and
obligations resulting from this Federal Act.
(4) If the regulatory authority has reason to assume, on the basis of the complete
notification, that there is no provision of a public communications network or service, it
shall inform the notifier of this fact within one week and carry out further investigation. If
such further investigation shows that there is no provision of a public communications
network or service, a declaratory notice shall be issued, at the party’s request, within four
weeks of receipt of the complete notification or the procedure shall be discontinued.
Otherwise, a certificate pursuant to Par. 3 shall be issued.
(5) The regulatory authority shall publish the certificates issued under Par. 3 as well as the
notices issued under Par. 4. (6) The provisions of Articles 17, 18, 19, 22, 23, 24, 24a, 25,
25a, 25b, 25c, 25d, 70, 71 and 72 are not applicable to providers of communications
services who provide the entire scope of their services to end-users exclusively on their
own business premises unless the services fall under Article 26 Par. 2.




RTR
Basically not. The notification scheme is the same




Yes. http://www.rtr.at/de/tk/Allgemeingenehmigung
Five categories concerning telecommunication services




The notification form is not downloadable, as it is an online form, please see:
https://www.rtr.at/de/tk/eRTRErstanmeldung
Notification form is only available in German, but it can also be filled in in English.




No
There are no additional obligations associated with the authorisation requirements.
However operators have to notify Terms and conditions as well as tariffs to the regulatory
authority before provision of the service is started and shall be promulgated in an
appropriate form (§ 25 TKG 2003). They also have to provide a financing contribution for
the NRA (there is a threshold for financing contribution requirements); there are also
information obligations (§ 90 TKG 2003), ...




The requirements are set out in national legislation - § 15 (Notification obligation) in
conjunction with § 3 Z 9 (definition of “communications service”) and § 3 Z 16 (definition of
“publicly available telephone service”) and § 3 Z 11 (definition of “communications
network”).
As soon as the authorization procedure is finished a declaration is sent confirming that the
undertaking has submitted a notification and detailing under what circumstances any
undertaking providing electronic communications networks or services under the general
authorisation has the right to apply for rights to install facilities, negotiate interconnection,
and/or obtain access or interconnection in order to facilitate the exercise of those rights for
instance at other levels of government or in relation to other undertakings.




Reporting obligations are regulated in § 90 TKG 2003: Duties to provide information § 90.
(1) Operators of communications networks or services as well as holders of rights of use
for frequencies or communications parameters shall be obliged to provide, upon written
request, to the Federal Minister of Transport, Innovation and Technology and the
regulatory authority the information that is required for the execution of this Act and the
relevant international regulations, in particular 1. information required for systematic or
individual review of the obligations arising from this Federal Act or an ordinance issued
under this Federal Act, 2. information required for individual review of the obligations if a
complaint has been addressed to the regulatory authority or if it assumes a violation of
duties for other reasons or conducts investigations on its own behalf, 3. information in
procedures for the licensing of frequencies or communications parameters, 4. information
required for a procedure pursuant to § 37, 5. information required for the publication of
quality and price comparisons for services to the benefit of consumers. This information
shall be presented within the period specified and according to the time schedule and
shall give the requested details. Undertakings may request information pursuant to item 3
also prior to the commencement of their activities. The requested information shall be in
reasonable proportion to the execution of the tasks. The request shall be substantiated
and the party concerned shall be notified of the specific purpose for which the information
provided is to be used. (2) To observe and monitor the development of the market and of
competition pursuant to § 34 the Federal Minister of Transport, Innovation and
Technology shall be authorised to order the preparation of statistics for the field of
communications. The statistics shall be prepared by the regulatory authority. (3) In
addition to the statistical surveys, the order pursuant to subsection (2) shall comprise in
Basically the official language is German. Concerning types of information and level of
detail see above (§ 90)




Operators do not have to pay for authorization, but have to contribute to finance the NRA.
For details please refer to line 15.
Revenues subject to contribution requirements: In general, all revenues earned in Austria
from the provision of communication services and the operation of communications
networks are subject to financing contribution requirements. The regulatory authority has
written a guide in order to help companies identify revenues subject to financing
contribution requirements; however, as its name suggests, this document only provides a
set of guidelines and can not be regarded as exhaustive or conclusive. How high is the
threshold for financing contribution requirements: Below a certain level, the administrative
costs involved in collection are higher than the financing contributions actually collected.
As a result, the regulatory authority introduced a revenue threshold. The revenue
threshold was set at about EUR 300,-- finance contribution per year. In cases where a
company subject to the financing contribution requirement generates revenues below the
threshold level, that company's revenues are not included in the calculation of overall
industry revenues, and no financing contribution is required. How are financing
contributions calculated: The basis for financing contributions collected by RTR is the
budget for the current business year. RTR's projected revenues are subtracted from its
projected expenses, and federal funding amounts are deducted from the balance. The
remaining amount, which is subject to a maximum limit under Austrian law, is covered by
financing contributions.




None




Mail: agg@rtr.at, Web: http://www.rtr.at/de/tk/Allgemeingenehmigung
                                       Belgium
                                        BIPT




Article 9 of the Electronic Communication Act of 13 june 2005 and Royal Decree of 7
March 2007 regarding the notification of electronic communications services and
networks.




BIPT
No




No
Not limited but 7 example are given in the application form. This classification will be
revised this year.




Yes, http://www.ibpt.be/GetDocument.aspx?forObjectID=439&lang=en
The form can be filled in French, Dutch and English see
http://www.ibpt.be/GetDocument.aspx?forObjectID=439&lang=en
Any change in the declaration must be given to BIPT. The registred company must also
answer to all questionnaire, notification … from BIPT




The requirements are set in the legislation
Yes




No
French, Dutch or English




Yes
Royal Decree of 7 March 2007 regarding the notification of electronic communications
services and networks




No




Networks.services@bipt.be - www.bipt.be
                                                 Bulgaria
                                                  CRC
Art. 3.2, Art. 3.3 and Art. 9 of the Authorization Directive are transposed respectively by:
   Art. 66, Para 1 of the Law on Electronic Communications (Prom. SG. 41/22 May 2007, hereinafter
referred to as LEC);


Under these provisions public electronic communications are carried out after submission of a notification
to the Bulgarian NRA – the Communications Regulation Commission (hereinafter referred to as CRC or
“the Commission”). The rights arise as from the date of the due filing of the notification in an approved
form to CRC, except for issuance of an authorization for usage of individually assigned limited resource is
required. The notification contains:
1. identification data of the person providing electronic communications - name (corporate name), seat,
head office address and respective unified identification code;
2. brief description and basic parameters of the public communication network and/or service;
3. territorial coverage, where applicable;
4. a contact person and contact details;
5. an estimated commencement date of provision of public electronic communications.
An undertaking carrying out electronic communications under general requirements may request in
writing from CRC to issue a certificate for inscription in the register under Art. 33, Para 1, Item 1. CRC
issues the certificate under Para 1 within 7 days from receipt of the request. The certificate specifies the
rights related to provision of electronic communications networks and/or services, the construction of
electronic communications infrastructure, including right-of-way, negotiating access to and
interconnection of networks.
The       English    version    of   the      LEC      is    available  on   the     CRC     website,     at:
http://crc.bg/files/_en/LAW_ON_ELECTRONIC_COMMUNICATIONS.pdf. The updated version of the
LECis available only in Bulgarian, at: http://crc.bg/files/_bg/ZES_2012.pdf
The data bank             with all registered service providers is available                in Bulgarian:
http://crc.bg:8080/dpls/apex/f?p=923:111:3914648456594846::NO::P111_ADV,P111_REGION_CONTR
OL,P111_X:0,0,1


Communications Regulation Commission (CRC)
The legal requirements concerning the notification are the same (in the notification form there is no
information about the type of clients aimed by the undertaking – consumers, business users, other
providers of ECN/ECS)




Yes, the CRC portal allows users access to electronic services:
http://crc.bg/section.php?lang=en&id=246. Requirements for access are: registration for the use of e-
services and valid certificate for qualified electronic signature.
According to Art. 72 of the ECA the networks and/or the services, through which public electronic
communications are provided meeting general requirements, are indicated in a list, approved by CRC.
The decision of CRC along with the list is promulgated in the State Gazette. Currently the notification
provides for 3 main categories of networks (divided in 18 subcategories) and 10 main categories of
services (divided in 20 subcategories), all of them listed in the notification form. However the applicant
may choose other categories of networks and services not mentioned in the list:

 I. Networks for operation of public electronic communications:
1. Cable networks.
2. Terrestrial networks using radio frequency spectrum.
3. Satellite networks.
II. I. Services for operation of public electronic communications:
1. Public telephone services.
2. VoIP services where outgoing calls to public telephone networks are made without using numbers from
the National Numbering Plan.
3. Services for transfer of radio and television programs.
4. Services for distribution of radio and television programs.
5. Terrestrial broadcasting services.
6. Satellite broadcasting services.
7. Data transfer services (including internet access services).
8. Services providing access to satellite systems.
9. Services providing leased lines.
10. Other electronic communications services.




A standard notification form is available in Bulgarian on the CRC website:
http://www.crc.bg/files/_bg/UV01-2012.pdf
No. According to Art. 75 Para 3 of the LEC the notification is filed in Bulgarian. The possibility to fill in the
form in other languages is legally not foreseen.




Pursuant to Art. 69 of the ECA public electronic communications are provided by sole entrepreneurs and
legal persons. Therefore the possibility for individuals and branches of legal entities to submit a
notification is legally not foreseen.
Under Art. 3, Para 3 of the General Requirements for Provision of Public Electronic Communications
(hereinafter referred to as “the General Requirements”) undertakings intending to provide electronic
communications service - transfer of radio and television programmes through electronic communication
networks for analogue terrestrial broadcasting, shall submit the notification within 7 days of the issuance
of a license for radio and/or television activities by the Council for electronic media; undertakings
intending to provide electronic communications service - transfer of radio and television programmes
through electronic communication networks for digital terrestrial broadcasting, shall submit the notification
under the procedure of Chapter 5, Section II of the LEC.
Under the provisions of the LEC where it has been found, from a notification filed, that the provision of
public communication services will require the use of individually assigned scarce resource, the
Commission notifies the person in writing for the necessity of filing an application for granting a
permission for use of individually assigned limited resource within 7 days from the date of receipt of the
notification, respectively from rectification of the deficiencies.
Under the provisions of the LEC the undertaking carrying out public electronic communications notifies
CRC of any amendments to the data of the notification within 14 days from the change. An undertaking
may cease providing electronic communication networks and/or services, notifying the Commission
thereof.
An undertaking having submitted a notification for carrying out public electronic communications shall
observe general requirements, set out depending on the type of the electronic communication network
and/or service. The general requirements are adopted by a decision of the Commission in compliance
with the principles of transparency, equality and adequacy. The decision is adopted after holding public
discussions and is promulgated in the State Gazette. Under Art. 73 Para 3 of the LEC depending on the
type of electronic communication network and/or service the applicable general requirements, approved
by the CRC decision, may contain all or some of the following requirements:
1. to negotiate and provide access to and interconnection of its network with the networks of other
undertakings, carrying out electronic communications, including:
a) to ensure interoperability of its services with those of the other undertakings;
b) to maintain the integrity and to provide safety of its network;
c) to ensure the protection of the public network from unauthorized access to personal data;




The authorization requirements are set out in national legislation - the LEC, and in the General
Requirements for Provision of Public Electronic Communications, adopted by a decision of the
Commission. The notification form may be considered an administrative tool as well.
Within 14 days from the date of receipt of the notification or elimination of the incompleteness CRC
inscribes the person in the register of undertakings having notified the Commission about their intentions
to carry out public electronic services. Under Art. 77 of the LEC an undertaking carrying out electronic
communications under general requirements may request in writing from CRC to issue a certificate for
inscription in this register. The Commission issues the certificate within 7 days from receipt of the request.
The certificate specifies the rights related to provision of electronic communications networks and/or
services, the construction of electronic communications infrastructure, including right-of-way, negotiating
access to and interconnection of networks. There is an administrative fee payable for issuance of the
certificate in the amount determined in the Tariff on the Fees collected by the Commission under the
LEC. A document for a paid fee shall be enclosed to the request.




Under Art. 5 of the General Requirements the undertakings are required to submit annually, by March 1,
a report on the activities for provision of electronic communication networks and/or services during the
previous year. The report is drawn-up on a model form approved by CRC. The model is published on the
website of the Commission by January 31 each year, available at
http://crc.bg/section.php?id=746&lang=bg. In case the Commission has not published the model form
within the deadline indicated, the undertaking shall present the report within one month of its publishing.
Moreover, CRC may address to the undertakings, carrying out electronic communications, justified
written requests for provision of information, in relevant amount, terms and details, required for the
implementation of its regulatory functions, including financial information; information of the future
development of the networks or services, which may impact the wholesale services provided by them to
competitors; accounting information of the retail markets that are related to the wholesale markets, from
the undertakings having significant impact on the wholesale market. CRC shall state the reasons and the
purposes, for which the information is required.
The annual reports should be presented in Bulgarian




Yes, under the general authorization regime undertakings have to pay an annual administrative control
fee in the amount determined in the Tariff on the Fees collected by the Commission under the LEC. The
fee is to be paid in four installments. There is also an administrative fee payable for issuance of the
certificate for inscription in the register in the fixed amount determined in the Tariff on the Fees collected
by the Commission under the LEC (see answer to question 1).
When submitting an application for issuing an authorization a one-off fee is due for administrative
services. In case an authorization is issued, a one-off administrative fee is due.
Pursuant to Art. 5 Para 1 of the Tariff on the Fees collected by the Commission under the LEC the basis
for the calculation of the administrative control fee is the annual net revenue of the undertaking from the
provision of electronic communications networks and/or services. According to the revenue undertakings
are assigned into two categories:
- Category 1: annual net revenue > 100 000 BGN: the CRC regulation fee is 0,2%.
- Category 2: annual net revenue < 100 000 BGN: the CRC regulation fee is 0%.

The amount of the one-off administrative fee for issuing authorizations is compliant to art. 142 of the LEC
and equals the administrative expenses for the preparation and issuance of the authorization, including
materials, consultancy, frequency planning and national and international coordination.




Under Art. 66 Para 2 of the LEC (in force from 29 December 2011) undertakings providing cross-border
electronic communication services to undertakings located in several Member States of the EU shall file a
single notification for the respective country.




www.crc.bg
info@crc.bg
                   Cech Republic
                       CTU




Section 8 paragraph 2 Act No. 127/2005 Coll., on
Electronic Communications and on Amendment to certain
related Acts (hereinafter referred to as “Electronic
Communications Act”), Section 9 paragraph 2 and
Section 13 of the Electronic Communications Act.
http://portal.gov.cz/app/zakony/zakonPar.jsp?idBiblio=599
21&nr=127~2F2005&rpp=15#local-content




The Czech Telecommunication Office (CTU)
No differences.




It is possible to submit the notification via online features
right from the body of the notification form (e-mail or web
service using verified electronic signature data box).
Online notification via direct web form is not available.
The notification/declaration provides for 6 categories of
services and 3 categories of networks.




The form is downloadable in .DOC form on
http://www.ctu.cz/cs/download/formulare/ctu_oznameni_k
omunikacni_cinnosti_27_03_2012.doc
and in .ZFO (to be filled in electronically using S602 Form
Filler software and with possibility of being sent directly)
as „Oznámení komunikační činnosti“ on
https://eformulare.ctu.cz/aforms.php?action=fill&id_form=
5
No.
Czech language is the only possible in communication
with the CTU. According to section 16 of the Act
No.500/2004 Coll. Administrative Procedure Code all
written submissions shall be in the Czech language.
There is no further guidance in foreign languages.




No.
There is an obligation to specify types of their commercial
activities along with the notification., Further, any change
in the activities (dates, types etc.) has to be notified to the
CTU.
Beyond the scope of art.3.3 AD there is an obligation to
submit following documents:
1) Extract from the criminal records (art.8 paragraph 6 of
the Electronic Communications Act)
2) Certificate from the appropriate financial authority that
the notifying person is not in arrears with the payment of
any taxes, levies, fees, payments, considerations,
penalties and fines incl. the costs of any proceedings, as
collected by territorial tax authorities (art.8 para 3d of the
Electronic Communications Act)
3) Statutory declaration that the natural person or legal
entity is not in arrears with the payment of insurance
Premium or penalties on public health insurance or with
payment of insurance preiums or penalties on social
security insurance (art.8 para 3e of the Electronic
Communications Act)
4) Extract from the Commercial Register or Trade
authorization (certified copy)
Legal entity not registered in the Commercial Register so
far, has to submit certified copy of the contract
establishing the legal entity (art.13 para 5 of the
Electronic Communications Act).




National legislation: Electronic Communications Act
According to Section 14 paragraph 1 of the Electronic
Communications Act, within one week of receiving the
notification, the Office shall issue a certificate to the effect
that an undertaking submitted a notification of its
commercial activities, if required so.




Yes.
CTU collects information electronically through the portal
for collecting data by means of electronic forms
(https://monitoringtrhu.ctu.cz). The reporting obligations of
undertaking are obligatory after it starts provision of its
services. There are usually some half-year and full-year
forms to be filled in.
Section 73 paragraph 7 of the Electronic Communications
Act states that the undertaking providing a public
communications network shall report to CTU the types of
interfaces it offers for the connection of apparatus, and
their technical specifications. The operator must fulfil
these obligations at the latest 1 month before the public
telecommunications services provided through those
types of interface become available. The operator must
notify to CTU any changes in the technical specifications
3 months before the date of making such changes at the
latest.
Czech language.




Yes.
According to the Tariff on Administrative Fees (Part VIII,
item no.109), which is annexed to the Act No.634/2009
Coll. on Administrative Fees, as amended, and is
published on the CTU website:
http://www.ctu.cz/cs/download/sazebniky/sazebnik-
spravnich-poplatku_2010.pdf
Administrative fee for the issuance of the notification
communication certificate is set at a fixed amount
according to the Act No.634/2009 Coll. on Administrative
Fees.




None




The Czech Telecommunication Office
podatelna@ctu.cz
www.ctu.cz
The certificate of notification is issued by a competent
regional department; contact details available at:
http://www.ctu.eu/main.php?pageid=221
                         Croatia
                         HAKOM




HAKOM provides for a notification. Article 3.2 of the
Authorization Directive is directly transposedinto national
Law. Namely, the network operator/service provider is
entitled to start its activities upon notification submitted to
HAKOM. HAKOM shall issue to the operator, within eight
days following the receipt of a complete prior notification,
a certificate confirming the submission of the prior
notification. This certificate shall not be an administrative
act. The operator shall be entitled to start providing the
mentioned services on the basis of the general
authorisation even before the receipt of the certificate.




HAKOM
No, the requirements are the same.




Yes.
Unfortunately, no.
Only in Croatian. Guidance on administrative obligations
is available through the documents on the English version
of our website www.hakom.hr
No further obligations exist in our country regarding
administrative duties related to the authorization
requirements.




Authorization requirements are set in national legislation,
i.e. in the Electronic Communication Act.
HAKOM shall issue to the operator, within eight days
following the receipt of a complete prior notification, a
certificate confirming the submission of the prior
notification. This certificate shall not be an administrative
act. The operator shall be entitled to start providing the
mentioned services on the basis of the general
authorisation even before the receipt of the certificate.




Yes
In carrying out the tasks referred to in Article 12 of the
Electronic Communications Act HAKOM shall be
authorized to require the following information to be
provided in writing by the operators and persons
designated by a special law regulating the postal services
sector: – delivery of all necessary data and information,
including financial data and classified data and data
regarded as a business secret, and the delivery of all the
necessary data and documents for consideration; –
immediate inspection of business premises, associated
infrastructure, equipment and other technical means for
the provision of electronic communications networks and
services and postal services and of business books,
archives, databases and other documents; – carrying out
of other activities deemed by the Agency to be necessary
for the establishment of all the important facts in the
decision-making process.
The funds for the carrying out of the tasks of HAKOM
referred to in Article 12, paragraph 1 of the Electronic
Communication Act, in accordance with the annual
financial plan, shall be secured from the following
sources: 1. from the fee for the use of addresses and
numbers; 2. from the fee for the use of the radio
frequency spectrum; 3. from the fee for performance of
other tasks of the Agency in the percentage of the total
annual gross revenue earned by operators in the previous
calendar year by providing electronic communications
networks and services on the market, except for
electronic media broadcasters broadcasting their radio
and television programmes by means of their own
electronic communications network used exclusively for
that purpose.




Croatia is not yet member of the EU, so no experience is
available with the cross-border provision of the
communication services.




www.hakom.hr
                          Cyprus
                         OCECPR




According to the Regulation of Electronic Communication and
Postal Services Law of 2004, Artcle 38 "any person who
intends to provide an electronic communications network or
an electronic communications service shall notify the
Commissioner of their intention to provide same in advance
of doing so. A notification under subsection 1 shall be in such
form as prescribed by Order and shall contain the following
information: (a) the name of the notifying undertaking
including, in the case of a body corporate, the company
registration number, (b) the names, addresses and contact
numbers of relevant contact persons, (c) the business
address of the undertaking concerned and, , (d) a short
description of the network or service the subject matter of the
notification, and (e)the estimated date of commencement for
the relevant activity.




Commissioner of Electronic Communication and Postal
Regulation (OCECPR)
No, there are no different requirements for the notification.




No
The categories of networks and services are described in the
relevant document




http://www.ocecpr.org.cy/media/documents/Forms/EC_Appli_
Licencing_GR_2004_MI1.doc
The notification form is not available in English




According to the Regulation of Electronic Communication and
Postal Services Law of 2004, Artcle 37 (5) "Exclusively for
reasons of public order, safety and health, the Commissioner
may at any time from the submission of the applicant’s
registration statement, subject to the adoption of a fully and
objectively justified decision, prohibit or limit the ability of a
specific undertaking from providing electronic
communications networks or services".
According to the Regulation of Electronic Communication and
Postal Services Law of 2004, Article 38 (4) ' An undertaking
shall notify the Commissioner of any changes to the
information supplied under subsection (2) within thirty (30)
days of such change". Also according to Article 25 of the Law
"the Commissioner may-demand that electronic
communications network and/or electronic communications
and/or postal service providers provide such information and
submit statements and reports in relation to their operations
at such intervals and in such form, as the Commissioner may
from time to time prescribe.




National Legislation: The Regulation of Electronic
Communication and Postal Services Law of 2004
Administrative decisions of the NRA: Licencing (Electronic
Communications) Order of 2004
According to Article 40 (4) the Commissioner shall, within one
week of the receipt of a request from any authorised
undertaking, issue to that undertaking, in such form as the
Commissioner may, from time to time, determine, a
standardised declaration confirming, where applicable, that
the undertaking has submitted a notification according to
Section 38




See line 9
Greek, information in English are also acceptable




Yes
The annual administrative fee is calculated as a percentage
of total gross annual income from operations of Elecronic
Communication.




No specific provisions




Panayiota Hadjistilli, Officer of Legal Affairs,Office of the
Commissioner of Electronic Communication and Postal
Regulation
Tel; +357 22693125
panayiota.hadjistilli@ocecpr.org.cy
http//www.ocecpr.org.cy
                      Denmark
                        DBA




Network operators and service providers are entitled to
start activities without a notification/declaration since
Denmark has chosen not to apply a notification regime
and therefore no notification regime is in force.




Neither DBA nor any other Danish authority is responsible
for receiving notifications. Therefore there is no
authorization fee
See answer to question 1. No Notification regime is in
force




No Notification regime is in force
No Notification regime is in force




No Notification regime is in force
No Notification regime is in force




No Notification regime is in force
No Notification regime is in force




N. A. see first line
N. A., see first line




Since no notification regime is in force, DBA does not
provide for reporting obligations.
Since no notification regime is in force, no administrative
charges are collected.
Since no notification regime is in force, no administrative
charges are collected.




Since Denmark has no notification system it would not be
relevant to introduce a specific category for cross-border
service providers. This is also in accordance with the
Treaty of the European Union and the obligation of non-
discrimination,




Danish Business Authority, Erhvervsvilkår og Regulering,
område III, Tore Christensen - tokjch@erst.dk, Jakob
Levring - jabole@erst.dk
                     ESTONIA
                       ECA




Undertaking shall submit to the Estonian Technical
Surveillance Authority (ETSA) a notice of commencement
of activities. The notice form is available on the ETSA
website. Filled and signed notice shall be sent to the
ETSA.




Estonian Technical Surveillance Authority www.tja.ee
No




At the moment notification form (fillable PDF) can be
electronically signed and sent by e-mail. It will be possible
at the end of 2011 or 2012 also to use online web-based
notification. The undertaking will be able to log on
securely by ID-card.
7 categories services (no networks because of network
neutrality): Data communication service (incl Internet),
mobile telephone service, telephone service, network
service, fixed line (leased line) service, CATV service and
other electronic communication service.




http://www.tja.ee/index.php?id=11703 The form is in
Estonian, but there is an English instruction available.
Official language is Estonian, but we accept any language
what our officials can understand (mainly English and
Russian).




No
No special obligations except that a person who wishes to
provide a communications service shall be entered into or
register a branch in the Estonian central commercial
register.




It is set out in legislation.
They receive formal declaration with general information
about their rights and conditions.




No
N/A




No administrative charges
none




None




info@tja.ee
                          Finland
                          FICORA




Article 3.2. of the Authorization Directive has been transposed
into national law by Communications Market Act (393/2003)
Section 13. According to this Section a written notification of
the intention to operate public telecommunications shall be
submitted to the Finnish Communications Regulatory Authority
before the operations begin (telecommunications notification).
The notification duty does not apply to public
telecommunications that is temporary in nature, aimed at a
small audience or otherwise of minor significance. Further
provisions on the type of telecommunications considered to be
of minor significance may be given by Government decree.




FICORA
In relation to notification, no.




Yes
Not limited, but six examples are given in the notification form.
For example a mobile communications network operator / a
mobile communications service operator, an international
telecommunications network operator / an international
telecommunications service provider (see the link to
notification form below).




http://www.ficora.fi/en/index/luvat/teletoimintailmoitus/lomake.h
tml. Please notide that this link will be updated next year!
Form can be filled in Finnish, Swedish and English and there
is guidance provided also in these languages (see:
http://www.ficora.fi/en/index/luvat/teletoimintailmoitus.html)
According to Section 15.2 of the Communications Market Act,
the Finnish Communications Regulatory Authority shall be
notified of any change in the information entered in a
telecommunications notification. If a telecommunications
operator discontinues its operations, it shall notify the Finnish
Communications Regulatory Authority of this no later than one
week before the discontinuation of operations. If the
telecommunications operator is a service operator, the
network operator whose communications network the service
operator uses shall also notify the Finnish Communications
Regulatory Authority of the matter. A telecommunications
operator subject to notification or licence shall also pay an
annual communications market fee to the Finnish
Communications Regulatory Authority (Section 15 a of the
Communications Market Act)




National legislation and Government decrees
On the basis of Section 15 of the Communications Market Act
on request of the telecommunications operator, the Finnish
Communications       Regulatory      Authority shall   provide
confirmation of the receipt of a telecommunications notification
within a week of the request being made. The confirmation
notice given by the Finnish Communications Regulatory
Authority shall indicate the rights and obligations of
telecommunications operators in Finland under this Act.




See line 9
Official languages in Finland are Finnish and Swedish so law
requires serving in these languages. However, Ficora helps
foreign operators in English as much as possible.
No charges in relation to notification itself. However, a
telecommunications operator subject to notification or licence
shall pay an annual communications market fee to the Finnish
Communications Regulatory Authority. The communications
market fee shall be determined in payment units according to
payment categories. One payment unit equals EUR 350. The
payment category for each operator shall be determined by
the turnover that the operator has for telecommunications
activities in Finland during the period that precedes the
determination of the fee (see Sections 15 a and 15 b of the
Communications Market Act). The English translation of the
Act            can              be          found           at:
http://www.finlex.fi/en/laki/kaannokset/2003/en20030393.pdf
Besides communications market fee, the information security
fee must be paid. Relevant provisions can be found in the Act
on the Protection of Privacy in Electronic Communications
(516/2004), Section 39. The information security fee is
determined in payment units according to
payment categories. One payment unit equals EUR 60. The
payment category for each operator shall be determined by
the turnover that the operator has for telecommunications
activities in Finland during the period that precedes the
determination of the fee.
The English translation of the Act can be found at:
http://www.finlex.fi/en/laki/kaannokset/2004/en20040516.pdf



In the notification form, this has already been taken into
account. More relevant and helpful would be to clarify in the
law, whether and in which situations does the national
legislation apply to cross-border services (especially to
services provided in the internet). At the moment this is not
very clear.




An organizational change will take place in Ficora next year so
the contact person is to be decided. In the meanwhile you can
contact Liisa Räsänen, liisa.rasanen@ficora.fi. Also a
webpage reform will take place next year so all the links
mentioned above will be changed.
                        France
                        ARCEP




The network operator/service provider is required to notify
the NRA when starting its activities. Art 3.2 of the
Authorization Directive is transposed in France by the
article L. 33-1 of the Postal and Electronic
Communications                    Code.              Link:
http://legifrance.gouv.fr/affichCode.do?cidTexte=LEGITE
XT000006070987&dateTexte=20121207




ARCEP
No




Not yet but there is a plan to implement such a tool in
2013.
The operator has to indicate the nature of the network
and/ or service that it provides.

Regarding the network, the operator has to indicate if it
has:
- Its own access network, and if so what kind of
technology is used (DSL/Copper, fiber-optic, cable,
mobile, frequency hopping WiMAX, Wifi-RLAN, satellite,
broadcasting, other),
- Its own backhaul network (fixed or wireless);
- Its own network core.

Regarding the services, the operator has to indicate if it
intends to provide: fixed telephony ; mobile telephony ;
international telephony/ carrier selection ; transit/
collection of telephone traffic; IP transit; fixed access to
internet; mobile access to internet; content delivery
networks; data transmission (VPN, leased lines, transit);
hosting of added value services; radio-paging; directory
services; broadcasting; other.




Yes
http://www.arcep.fr/fileadmin/reprise/dossiers/licences/for
m-dec-auto-gnl.doc
According to French law, the form has to be filled in
French. There isn’t any guidance available in other
languages.
The declaration must be accompanied by a certificate of
incorporation (“K-Bis extract” in french) or equivalent
document for non-profit organizations (such as a receipt
from the local authorities)




Authorization requirements are set out in national
legislation (Postal and Electronic Communications Code)
ARCEP issues an acknowledgement of registration in
order to faciliate the exercise of undertakings’ rights. In
addition, a list of all undertakings declared is published on
ARCEP’s website




Yes
Undertakings have to provide information in French. The
NRA indicates the motivations of the demands, which
must be proportionate and specifies the level of details as
well as the time frame within which answers are
expected. Undertakings must file yearly and quarterly
questionnaires containing 600 and 80 fields respectively.
Information asked by the NRA is related to volumes,
turnouts and fleet disaggregated by types of offers.




Yes
General case: 20 000€. Undertakings with a turnover
between 1 M€ and 2 M€: (T/50 - 20 000) €, T being the
turnover free of taxes from electronic communication
activities.; Undertakings with a turnover under 1 M€: 0€;
Undertakings on an experimental basis: 0€. The above
mentioned amounts can be divided or multiplied
according to the following criteria: divided by 2 for
activities limited to overseas departments or only one
continental departement; multiplied by 4 for undertakings
appearing on a list provided by article L. 36-7 8° of the
Postal and Electronic Communications Code and whose
turnover exceeding 800 M€




Technically it could be feasible to add such a category in
the French national declaration system. However this
opportunity has still to be assessed regarding the pursued
objectives which are not really clear yet.




N.A.
                     GERMANY
                      BNetzA




Article 6 of the Telecommunications Act




BNetzA
No




No
3 categories of networks/providers and 46 categories of
services,     all   listed   and     described    in    the
notification/declaration form, so the applicant has only to
tick the appropriate box




Yes, from the BNetzA website
No English version of the form is available. The possibility
to fill in the forms in other languages is legally not
foreseen




No
There are no further administrative duties related to the
authorization requirements




The basics requirements are set out in the law (company
register number, address, start of service, short
description of service). The details (e.g. defining of the
categories) are an administrative decision of BNetzA.
The undertakings have the rights by law to receive an
acknoledgement (Art. 6 para 3 TA).




Reporting obligations exist, but they are not connected
with the notification requirement. These obligations arise
from the Telecommunications Act because an
undertaking is a provider of a public telecommunications
network or of publicly available telecommunications
services. These reporting obligations are required e.g. for
the purpose of market analysis procedures, annual
reports etc. (Art. 127 TA) or for international reporting
requirements (Art. 4 TA). There are no administrative
charges connected with the notification/authorization.
There are no reporting obligations to ensure the
implementation of Art. 10-12 of the Authorization
Directive.
All reporting obligations must be complied with in German




There are no administrative charges connected with the
notification/authorization.
none




At the moment there are no special provisions for cross-
border operators. These providers still have to fill in the
relevant network and/or service categories. If (part of)
their network is located in Germany or the services are
also offered to German companies (not cross-border), the
questionnaire has to be filled in in any case.




http://www.bundesnetzagentur.de/cln_1912/EN/Areas/Tel
ecommunications/TelecomsRegulation/NotificationRequir
ement/YourContact_Basepage.html
                       Greece
                       EETT




The national provision which transposes art 3.2, art 3.3
and art 9 of the EU athorization Directive is art 18 of
National Law 4070/2012.




EETT
There are no different requirements.




Yes, only for Greek providers/operators. In the near future
online notifications/ declarations will also be available for
foreign providers/operators
Based on the new regulation of EETT Decision 676/41/20-
12-12 that will be adopted within the next month, the
categories requested are the following:
Network categories: 20
Services categories: 33




Yes.       The       link     is       the       following:
http://www.eett.gr/opencms/export/sites/default/EETT/Ele
ctronic_Communications/Telecoms/Licencing/LicencingD
ocs/RegistrationForm_140409.doc
Yes.The          link      is        the         following:
http://www.eett.gr/opencms/export/sites/default/EETT_EN
/Electronic_Communications/Telecoms/Licensing/Licensi
ng_Docs/registration_form.doc




A Registration Declaration shall be submitted by
interested persons to EETT, in accordance with a sample
Registration Declaration included in Annex A of General
Authorization Regulation. If a Registration Declaration is
incomplete, the person shall not be registered in the
Registry of Electronic Communication Network and
Service Providers.
Upon submission of the initial Registration Declaration, a
300-Euro administrative fee shall be paid, whereas upon
submission of any Registration Declaration amending the
initial one, if it pertains exclusively to the registration of
new services, a 100-Euro administrative fee shall be paid.




Authorization requirements are set out both in national
legislation and in administrative decisions of EETT. The
links in Greek are the following:
http://www.eett.gr/opencms/opencms/EETT/Electronic_C
ommunications/Telecoms/Licencing

http://www.eett.gr/opencms/export/sites/default/admin/do
wnloads/telec/apofaseis_eett/kanonistikes_apofaseis_eet
t/AP_390_3_2006.pdf

The links in English are the following:
http://www.eett.gr/opencms/opencms/EETT_EN/Electroni
c_Communications/Telecoms/Licensing

http://www.eett.gr/opencms/export/sites/default/EETT_EN
/Electronic_Communications/Telecoms/Licensing/Licensi
ng_Docs/Decision_390_3_2006.pdf
Upon application filed by a person operating under a
General Authorization regime, EETT shall issue a
standardized certificate, within seven (7) days from the
receipt of the application, which, depending on the case,
shall: (a) certify that the person has submitted a
Registration Declaration in an acceptable format; (b)
certify that the person shall provide electronic
communication networks or/and services pertaining to the
activities which the Registration Declaration has been
submitted for; (c) describe the conditions under which the
person shall negotiate its interconnection pursuant to
applicable law; (d) describe the conditions under which
the person shall be entitled to obtain an interconnection
and, depending on the case, to obtain access from other
persons; and (e) describe the conditions under which the
person shall be entitled to file a request with competent
authorities for installing various facilities in, upon, or
under areas that belong to the State, to Local
Government Organizations or to private persons, or which
are used by the general public. This is to facilitate the
exercise of the rights extended to the said person based
on the General Authorization.




No, there are not.
Questionnaires are send to providers every 6 months,
whereas for specific markets every two or three months.
The questionnaires are only in Greek.




Yes.
All persons operating under a General Authorization
regime and providing public communication networks or
publicly available electronic communication services shall
have to pay an annual administrative fee, calculated as a
percentage of the total gross income derived from the
provision of public communication networks or publicly
available electronic communication services under a
General         Authorization     regime      as      follows:
Zone of total annual income (E) in EURO million
Administrative fee factor per zone
E ≤ 0.15 0
0.15 < E ≤ 250 0.0025
250 < E ≤ 750 0.004
750                  <                E                0.0005
Administrative fee factor per zone
0
0.0025
0.004
0.0005
For each calendar year, the annual administratate
persons, or which are used by the general public. This is
to facilitate the exercise of the rights extended to the said
person based on the General Authorization. ectronic
Communications Act)
4) Extract from the Commercial Register or Trade




Yes, there is specific service category in EETT Decision
676/41/20.12.12. This decision will be adopted within the
next month.




Mina Giannopoulou
agiannopoulou@eett.gr
00302106151193
                        Hungary
                         NMHH




Art 3.2 has been entirely transposed according to the first
section of paragraph N°77 of Act 2003/C: „after the
notification to the NRA, the service provider may start to
provide electronic communication services”. The content
of the notification can be found in paragraph N°76 of Act
2003/C. Art 3.3 and Art. 9. of the EU Authorization
Direcive is transposed by Section 76 of Act 2003/C on
Electronic Communications.




NMHH (See in paragraph N° 10 of Act 2003/C.)
The most significant difference exists between providers
that provide ECS to subscribers, and those that do not.
While both types of ECS need to be registered with the
supervisory authority, there are additional requirements
for ECS provided to subscribers, eg. the need to prepare
and publish a General Terms and Conditions document.
There are however some legal rules that only apply to
contracts concluded with consumers, but these are mostly
not specific to ECS/ECN, but deal with consumer
protection.




A template is accessible for the providers – the online
administration platform is currently under development.
4 service categories and 7 network categories are
provided for.




The NRA’s procedures are regulated by the Act
2004/CXL. According to section 9 of this Act: „In the
republic of Hungary the official language of regulatory
proceedings is Hungarian” – accordingly, these
documents are available only in Hungarian. : The
notification form is available under the following link,
(only in Hungarian):
www.nmhh.hu/tart/index/1076/Szolgaltato_szolgaltatas_b
ejelentese.
The NRA’s procedures are regulated by the Act
2004/CXL. According to section 9 of this Act: „In the
republic of Hungary the official language of regulatory
proceedings is Hungarian”.




Rejection of the notification is tackled by Section 76 (5) of
Act 2003/C on Electronic Communications:
"The Authority shall refuse to admit an electronic
communications service provider if the information
supplied in the notification is insufficient for the
identification of the service provider or the services it
intends to provide, and shall order the service provider to
re-submit the notification within eight days."
In addition, according to paragraphs 2 and 18 of the
NMHH Decree no. 5/2011 (X.6.) when notifying a new
service or a service provider an administrative fee shall
be payed. The Authority will terminate the notification
procedure if the notifier fails to pay the administrative fees
within the given deadline despite the Authority's notice
and is not eligible for exemption for costs. Following the
termination of teh procedure, of course, a new notification
procedure can be initiated at any time.
The imposed further obligations, among others are the
following: to notify changes in data and the launch date of
the service, to submit the General Terms and Conditions
or the modified General Terms and Conditions for the
services.
According to paragraphs 2 and 18 of NMHH Decree no
5/2011 (X.6.) when notifying a new service or a service
provider or when notifying the General Terms and
Conditions for the first time an administrative fee shall be
payed. The amount to be payed is 3000 HUF (10,6 EUR
using the exchange rate of 6.12.2012)




Authorization requirements are set out mostly in national
legislation.
All undertakings registered with the supervisory authority
have equal rights to request access to installation
facilities and/or interconnection by the force of law, so
there is no need to issue a separate declaration about this
matter by the authority. As soon as an undertaking
receives notice about its successful registration, it is
automatically entitled to request access to installation
facilities and/or interconnection. The register of service
providers is published by the supervisory authority, but
upon written request by the undertaking, the authority will
also issue a separate declaration about them being
entitled to operate ECS on the Hungarian market.




Yes, there are regular reporting obligations in the
following fields: Service quality indicators: Undertakings
need to report annually about the fulfillment of minimum
service quality standards established by law or contained
in their own General Terms and Conditions. The report
must also contain information on the methods used to
measure the fulfilment of these indicators and any
supporting documentation. Number of subscribers:
Undertakings need to provide the number of their
subscribers once a year. Revenue stemming from
electronic communications: Undertakings need to provide
this figure annually
. The reports must be provided in Hungarian.




According to paragraphs 2 and 18 of NMHH Decree no
5/2011 (X.6.) when notifying a new service or a service
provider or when notifying the General Terms and
Conditions for the first time an administrative fee shall be
payed. The amount to be payed is 3000 HUF (10,6 EUR
using the exchange rate of 6.12.2012)
Additionally, a yearly market surveillance charge must be
paid by all undertakings providing ECS under the
Hungarian general authorisation regime, which is
determined in a Presidental decree. Currently, it is set at
0.212% of the net revenue stemming from the provision
of ECS.
The total annual revenue generated from providing ECS,
operating ECN and EC equipment, as well as equipment
sales.




The current notification system does not distinguish
between the services provided in Hungary and the cross-
border services provided to Hungary. Given that the NRA
treats the aforementioned ECS the same way, our view is
that the introduction of a specific cross-border category is
unjustified. The issue had not been raised during the
implementation of the amended directives.




Information on the notification procedure and contact
details of the Service Notification Unit can be found at:
http://nmhh.hu/cikk/417/Eljarasi_tajekoztato_elektronikus
_hirkozlesi_szolgaltato_es_vagy_szolgaltatas_bejelentes
erol
(available only in Hungarian)
                        Ireland
                       COMREG




The Irish administrative scheme provides for a notification
of the information set out in Article 3.2 of the Directive –
see Regulation 4 of
http://www.irishstatutebook.ie/2011/en/si/0335.html. The
last paragraph of Art 3.2 has been transposed directly into
Irish legislation (Reg 4.2).




COMREG
No




No. The relevant documentation can be accessed online.
We require, however, that all notifications are signed and
this requires submission of a physical document.
Eight network and seven service categories.




http://www.comreg.ie/_fileupload/publications/ComReg03
82R2.doc
Forms can be completed in English or Irish. No guidance
or administrative obligations are provided in other
languages




No
There are no additional obligations associated with the
authorisation requirements. However if the undertaking
will be utilizing spectrum or numbering resources,
applications for Rights of Use must be made (except for
licence-exempt spectrum)




The requirements are set out in the European
Communities (Electronic Communications Networks and
Services) (Authorisation) Regulations 2011, S.I No 335 of
2011. See Regulation 4 of
http://www.irishstatutebook.ie/2011/en/si/0335.html
ComReg provides additional guidance on the notification
process at
http://www.comreg.ie/_fileupload/publications/ComReg03
102R.pdf
On receipt of a completed notification, ComReg within
one week issues to that undertaking a standardized
declaration confirming that the undertaking: 1) has
submitted a notification, 2) stating that the undertaking
may apply for consent to carry out road works or establish
underground infrastructure 3) may apply for a licence to
establish overground electronic communications
infrastructure and any associated physical infrastructure.
The declaration also states that where an authorized
person is providing an electronic communications network
or service to the public, such authorized person has a
right to negotiate interconnection with another authorized
person.




General reporting obligations relate to all market
participants and are not related to the notification process.
Operators are required to provide market data on a
quarterly basis (for the preparation of statistical
reports)and financial data on an annual basis (for the
calculation of afdmministrative fees).
English or Irish
The amount of the levy imposed is based on a
percentage of the gross revenue excluding value added
tax, paid or payable to the provider in respect of the
electronic communications networks or services provided
in any levy year. The rate is 0.2% and is set out in the
attached Order. Operators with a turnover less that
€500,000 are exempt from payment of the levy.
http://www.comreg.ie/_fileupload/publications/SI346of200
3.pdf




No




In case of queries, contact ComReg at
notify@comreg.ie
                             Italy
                            AGCOM




Legislative Decree n. 259 of 1 August 2003 (the so-called
Italian Electronic Communications Code, as amended by
Legislative Decree n.70 of 28 May 2012, transposing the 2009
ECNS package), article 25. According to this article, an
undertaking wishing to start an activity in the electronic
communications sector must present a declaration/notification
and is entitled to start the activity immediately. The competent
body (the Ministry of economic development - Department of
communications) can examine the declaration within 60 days
and, if there is a good reason (e.g. when the general
requirements are not fulfilled) can require the undertaking to
stop the activity.
If scarce resources are needed, the undertaking will have to
apply for the provisions on the rights of use, in accordance with
the transposition of the articles 5, 6 and 7 of the Directive
(articles 27, 28 etc of the Electronic Communications Code). In
this case, the deadline for the provision of the rights of use will
be 3 weeks (if it involves the assignment of numbers) or 6
weeks (if it involves the assignment of frequencies)




the Italian Ministry of Economic Development - Department of
Communications
There are no different requirements.




Not yet
There is no exhaustive list of categories. The undertaking has
to describe the type o service it is applying for. A sample list is
however published for guidance on the Ministry web site, and
includes: Phone center, Internet point, Internet Service
Provider, traffic reseller, telefax services, public phone
services, provision of public networks, satellite services,
maritime services, aeronautic services and so on.




YES:
http://www.sviluppoeconomico.gov.it/images/stories/mise_extra
/codice-comunicazioni-all9.pdf
NO. The form is in Italian




No
All conditions, obligations and requirements that may be
imposed to operators wishing to obtain a general authorization
are enlisted in Annex 1, part A, of the Italian Electronic
Communications Code. These conditions are exactly the same
as those enlisted in the Annex to the Authorization Directive,
part A.




The possibility to impose conditions, obligations and
requirements to the operators wishing to obtain a general
authorization is stated in article 28, number 1, and article 33,
number 1, of the Italian Electronic Communications Code
The Ministry for economic development issues an
aknowledgement if it is requested by the operator. The
aknowledgement is issued within a week from the day the
operator has filed the notification and contains a declaration
that the requesting undertaking is entitled of relevant rights
concerning infrastructure installation, access and
interconnection.




Every undertaking who starts an activity in the electronic
communications sector in Italy must register in the Register of
the communications operators and submit data on a yearly
basis about its activity. In addition, specific second level
regulations impose reporting obligations for some kind of
services, aimed to specific purposes (e.g. monthly reporting
concerning mobile number portability figures)
Italian




Yes, as generally stated in artt. 34 and 35 and specified in
detail by Annex 10 of the Electronic Communications Code
Charges are computed on the basis of various parameters,
depending on the type of service (e.g. territory/population
covered, number of stations, etc)




Not yet




The competent office is the Directorate General for the
electronic and radio communications services of the Ministry fo
economic development.                        The person in
charge is LEONE Francesco Saverio
Tel. (+39) 06 5444 2906 / 08
Fax (+39) 06 5422 1080
E-mail: dgscer@sviluppoeconomico.gov.it
                           Latvia
                           SPRK




Article 32 of the National Law on Electronic
communications, which sets the rights to the Regulator to
elaborate the rules of notification process and to set the list
of services to be notified.




Regulator - SPRK (Public Utilities Commission)
There are no difference for notification if the purpose is to
provide ECN or ESC.




This is not possible yet.
There is one type of the declaration (notification) to start
activities in the electronic communications market.
According to that it is possible to provide 8 different
electronic communications services and 2 networks (mobile
and fixed).




The notification form is published in our official
website:http://www.sprk.gov.lv/doc_upl/1._piel._Noteikumie
m_par_ES_komersantu_registresanu_un_ES_tiklu_un_pak
alpojumu_sarakstu(2).doc
No, only in Latvian.




If the particular merchant has been excluded from the list of
authorised electronic communications service providers by
the decision of SPRK for the violation of the General
authorisation rules, the notification sent by this merchant
during the veto period will be rejected. The decision
forsees the term for veto for activities in the market up to 5
years. Regulations on the procedure of vioaltion of General
authorization rules are set by the Regulator.
Authorised merchant starting the provision of services
and/or networks should submit the information on what
kind of services or and networks they have started to
provide.   According   to    the   Law  on   Electronic
Communications, Article 35, Regulator has the right to
elaborate and adopt the rules on Information should be
submitted by the merchants yearly.




Requirements ar set by the rules elaborated and adopted by
the                                              Regulator.
http://www.likumi.lv/doc.php?id=183985&from=off
According to the Law on Electronic Communications, all the
notified (authorised) merchants have the right to
interconnect. Regulator publishes the list of all merchanst in
the web, this is official list to look, if the merchant has the
right to interconnect or to act in the market. Under the
request of merchant, the Regulator can issue the
notification that merchant is registered in the list of
electronic communications service providers.




All the notified merchants shall submit the information on
servises and or networks they started to provide.
Latvian.




Yes,the regulatory fee is applicable in Latvia. But it is not
the administrative charge for the authorisation. There are no
administrative fees for the authorization.
According to the Law on Regulators, regulatory fee could be
up to 0,2% from turnover in particular area (currently it is
0,17% from annual turnover in electronic communications
sector)




No.




Sabiedrisko pakalpojumu regulēšanas komisija (Public
Utilities Commission) sprk@sprk.gov.lv; phone: +371
67097200, www.sprk.gov.lv; Authorization division dirrect
access:Ina.Patjanko@sprk.gov.lv; phone: +37167097282
                                         Lichtenstein
                                              AK
Article 43
Notification obligation
1) By way of an ordinance, the Government may designate electronic
communications networks and services whose provision, operation, offering
and discontinuation must be notified to the regulatory authority. In justified
cases, it may also prohibit provision, operation, offering and discontinuation
of such networks or services until the time of receipt of the notice by the
regulatory authority.
2) The notification obligation under paragraph 1 shall encompass:
a) a declaration by the legal or natural person in question that the person
intends to take up or discontinue the designated activity; and
b) notification of the minimum information necessary for the regulatory
authority to compile a register or directory of those subject to the
notification obligation. This notification must include:
1. information for identifying the person subject to the notification
obligation;
2. the name of at least one contact person for the person subject to the
notification obligation;
3. the mailing address of the person subject to the notification obligation
and of the contact person(s);81
4. a brief description of the network or service in question; and
5. the date of expected provision, putting into service, offering or
discontinuation of the network or service in question.
c) every change to information subject to notification under subparagraphs
(a) and (b).82
3) Notification under paragraph 1 does not release the person concerned
from compliance with commercial provisions.                 4) The Government shall provide further
details concerning the
notification obligation by ordinance.

AK
No, there are no different requirements.




No, but it is planned for 2013.
18 different categories




Yes: http://www.llv.li/amtsstellen/llv-ak-melderegister_konzessionen.htm
No. Official language is German; English notifications are accepted;




No.
Article 44
Information obligation vis-à-vis the regulatory authority
1) Providers must disclose information to the regulatory authority,
especially financial and statistical data as well as data for statistical purposes,
in the form and time period specified in the decree. The disclosure shall be
free of charge.
2) Providers may not refuse disclosure of information on the grounds of
professional, commercial or business secrecy.
3) The regulatory authority may publish the information disclosed to it
under paragraph 1 in an appropriate manner and with due regard to
information and data protection legislation.
4) By ordinance, the Government may provide further details concerning
the disclosure of information and the use thereof, especially within the
framework of cooperation between the regulatory authority and other
national regulatory authorities and with the EFTA Surveillance Authority, in
accordance with article 5 of the Framework Directive, articles 10 and 11 of
the Authorisation Directive and article 10 oiling address of the pers




National legislation (including ordinance)
In accordance with the ordinance the undertaking may require a written acknowledgement.
The register for notification/declaration is published online: http://www.llv.li/amtsstellen/llv-ak-
melderegister_konzessionen.htm




Only regarding data for statistical purpose, see line 9, Art. 44 Communications Act
And according to Art. 43 Communication Act every change to information subject to notification
must be submitted to the NRA.
Basically the official language is German.




Only if operators require a written acknowledgement.
Administrative charges are calculated according to administrative expenditure; Fixed costs for the
use of resources. Notification/declaration is free of charge; there is a charge only if the undertaking
requires a written acknowledgement.




No. Every undertaking must name a domestic mailing address as well as a contact person.




Office for Communications, info@ak.llv.li, +423 / 236 64 88, www.ak.llv.li
                      Lithuania
                         RRT




Article 29 of Law on Electronic Communications. Basis for
the Right to Engage in Electronic Communications
Activities.
Law on Electronic Communications in English:
ttp://www3.lrs.lt/pls/inter3/dokpaieska.showdoc_l?p_id=24
2679&p_query=&p_tr2=2




RRT
There aren’t any differences.




We don’t have online electronic forms on our web page,
but you can provide all documents to RRT electronically
(the undertaking has to sign a contract with the RRT in
order to be able to provide the information by electronic
means via the protected access)
The list of electronic communications activities
(hereinafter referred to as the List) about the
commencement and end of which an undertaking must
notify the Communications Regulatory Authority
according to the procedure set in the Conditions is as
follows: a) provision of public fixed telephone network
and/or public fixed telephone services; b) provision of
public mobile telephone network and/or public mobile
telephone services; c) provision of leased lines services;
d) provision of public communications networks and/or
public electronic communications services by using
communications systems, ensured through power
transmission lines; e) provision of public satellite
communication      network    and/or    public    satellite
communication services.




http://www.rrt.lt/en/for-business/regulation-of-
services/right-to-engage-duka.html
http://www.rrt.lt/rrt/download/9236/vertimosi%20veiklaprie
das1-2009.doc
In Lithuanian language only. In accordance with
paragraph 12 of the Conditions, the documents, specified
in paragraphs 9 and 11 of the Conditions, and their
confirmed copies shall be submitted to the Authority
according to the procedure, set by the Rules on
Submission of Documents to the Communications
Regulatory Authority under the Government of the
Republic of Lithuania, approved by Order No. 1V-292 of
the Director of Communications Regulatory Authority
under the Government of the Republic of Lithuania of 16
September 2004 (Official Gazette Valstybės žinios No.
141-5171, 2004). Paragraph 6 of the Rules says that the
entire documents shall be submitted to the Authority in
Lithuanian language. Document in foreign language shall
be translated into Lithuanian. Authenticity of translation
shall be verified with the signature of translator or, if the
documents have been translated by a translation bureau,
with the signature of translator and the seal of translation
bureau.
Main conditions for the electronic communication
activities being carried out are described in the III part of
the Conditions.




National legislation;all requirements are detailed in the
Conditions.
In accordance with paragraph 12 of the Conditions, the
confirmation specified in Paragraph 17 of these
Conditions shall additionally specify under what
conditions any undertaking, providing public electronic
communications network and/or services, acting in
accordance with the requirements laid down in legal acts,
setting the conditions for engagement in the
corresponding electronic communications activities shall
have the right to install electronic communications
infrastructure, negotiate network interconnection and/or
gain access or interconnect electronic communications
networks.




In accordance with paragraph 29 of the Conditions, The
undertakings, which engage in electronic communications
activity, entered on the List, specified in Paragraph 5 of
these Conditions as well as undertakings, providing
Internet access and other data communications,
television (cable television, microwave multi-channel
television (MMDS), digital terrestrial television, Internet
Protocol television (IPTV)), wire radio, physical optical
lines fibre provision, radio and/or television programs
broadcasting services shall regularly, every three months,
submit to the Communications Regulatory Authority the
information, specified in Paragraph 32 of these
Conditions about the electronic communications activity
being carried out: 1) data on the first quarter (1 January –
31 March) shall be submitted by 30 April; 2) data on the
second quarter (1 April – 30 June) shall be submitted by
31 July; 3) data on the third quarter (1 July – 30
September) shall be submitted by 31 October; 4) data on
the fourth quarter (1 October – 31 December) shall be
submitted by 31 January.
In Lithuanian.




Submission of Conditions is applied to the undertakings
whose revenues from activities defined in Paragraph 5 of
the Specification during the reference year and from
provision of electronic communications network
interconnection and (or) television (cable TV, MMDS,
IPTV) services, on the basis of the reports on electronic
communications activities carried out the previous year,
exceeded LTL 1,000,000. The fee shall be paid every
month starting from 1 May of the current year until 1 May
of the following year for each individual electronic
communications activity defined in Paragraph 5 of the
Specification, the commencement of which the
undertaking has to submit Notification of to the Authority,
as well as for the provision of radio and (or) television
(cable TV, MMDS, IPTV) services in case revenues of
undertaking from a relevant electronic communications
activity, on the basis of the submitted reports on
electronic communications activities carried out the
previous year, exceeded LTL 100,000.
Total electronic communications services revenues.




N/A




Networks and Acccess Division,
Communications Regulatory Authority of the Republic of
Lithuania
370 5210 5664, 370 5210 5666
                       Luxembourg
                           ILR




According to Article 8 of the Law on electronic
communications networks and services ("the Law"), natural
or legal persons are entitled to provide an electronic
communication service or network upon prior notification, by
the latest 20 days before the effective start off of the planned
activity.




ILR
No




No. ILR provides a standard notification form on its website
under:
http://www.ilr.public.lu/communications_electroniques/autoris
ationgenerale/index.html and notification has to be done by
mail.
The non exhaustive notification form indicates 8 categories
of ECN and 6 categories of ECS (with subcategories).
There is no notification form in English. Official languages in
Luxembourg are Luxembourgish, French and German (law
of 24 February 1984 on the language regime).
Besides general legal and administrative obligations of all
notified operators (information obligations, market analysys,
etc.), notified operators have to submit the annual turnover
related to the notified activities.




Requirements are set out in the Law.
According to article 7(3) of the Law, upon request, the ILR
will issue a notification certificate no later than 7 days of the
request.
General language provisions of the law of 24 February 1984
apply.




According to article 11 of the Law, notification implies that
the notified operator accepts to participate in financing the
ILR's costs incurred for the regulation of electronic
communications sector.
Administrative costs are allocated between notified oprators
according to objective, transparent and non dicriminatory
principles set out annualy in a regulation of the ILR. This
way, administrative taxes for 2013 have been determined by
regulation                                         12/165/ILR
(http://www.legilux.public.lu/leg/a/archives/2012/0299/index.
html#2012A4726A).




No.




Institut Luxembourgeois de Régulation
M. Henri FRATINI
17, rue du Fossé
L-2922 Luxembourg
Luxembourg
+352 28 228 228

autorisation@ilr.lu
                          Malta
                          MCA




The transposed legislation uses the following wording:
“Upon receipt by the Authority of a notification pursuant to
subregulation (1), the person concerned is deemed to be
authorized to provide an electronic communications
network or service or, as appropriate both, subject to such
conditions as may be specified under regulation 70.”




MCA
The notification process is light-touch for both categories
of providers and does not discriminate on this basis.




Undertakings can send electronic copies of notifications,
however formal notification is considered to have taken
place only when hardcopy authentic originals are
submitted. The principal reason is that a secure
electronic signature portal is considered to be a pre-
requisite for complete electronic acceptance.
Seven




Yes,                 http://www.mca.org.mt/authorisations-
licensing/electronic-communications-authorisations-
licenses
Official languages in Malta are Maltese and English.




No.
Notifying operators are subject to administrative duties in
the same manner as other commercial businesses
operating in Malta.




National legislation and NRA decisions
Art 67. The transposed legislation uses the following
wording: “(1) The Authority shall, within seven days
of the receipt by it of a request from any authorised
undertaking, issue to that undertaking, in such form as
the Authority may from time to time determine, a
standardised declaration - (a)            confirming, where
applicable, that the undertaking has submitted a
notification pursuant to regulation 66; and (b) detailing
under what circumstances any undertaking has the
right to - (i) apply for rights to install facilities, (ii)
negotiate interconnection and, or (iii) obtain access or
interconnection, in order to facilitate the exercise of those
rights. (2)      Where the Authority considers it
appropriate to do so, it may issue such declaration as
an automatic reply upon receipt of a notification pursuant
to regulation 66.”




National regulatory authorities are required to introduce
reporting obligations in order to implement the framework.
Official languages in Malta are Maltese and English. The
level of information which all undertakings are required to
submit is very basic, however the MCA also requires
more specific information from undertakings that provide
certain services.




Yes
A flat charge is applicable on all general authorisation
categories, plus a percentage of total gross revenues
derived from the majority of electronic communications
services




No; an introduction of them would be likely to create
confusion and lead to discrimination between
undertakings as to the regulatory standard that they are
subject to.




authorisations@mca.org.mt
                      Netherlands
                        OPTA




Companies have to fill out a form: ‘Notification of the
provision of public electronic communications activities’,
available at http://www.opta.nl/en/registration/register-with-
opta/




OPTA
No.




No, the form has to be sent through fax or via regular
mail.
(i) Public electronic communications services, (ii) public
electronic communications network and (iii) related
facilities. The company has to specify what kind of
services, network or related facilities they provide.




http://www.opta.nl/download/aanvraagformulieren/13_c1(
mededeling%20engels).pdf
It is not explicitly stated in which language the form has to
be filled in. Given that they are available in Dutch and in
English, they can be filled in in Dutch and English. See:
http://www.opta.nl/en/registration/register-with-opta/.




No.
The company has to specify the net turnover. According
to turnover the company is assigned into one of three
categories that need to pay a certain duty: Category 1:
net turnover > 20 million euros (OPTA regulation fee:
0,077% of the net turnover) A category 1 company has to
supply either the turnover data as stated in its annual
accounts or a specified statement of its relevant turnover.
In both cases, the data must be accompanied by an audit
report. In the first case, the company can use the audit
report that is part of the annual accounts. In the second
case, a separate audit report must be compiled. A model
audit report is enclosed in the registration form and is also
available on the OPTA website. Category 2: 2 million
euros ≤ net turnover ≤20 million euros (OPTA regulation
fee: €8,479.00) A category 2 company suffices by
mentioning a single amount on the turnover details form.
The turnover statement need not be accompanied by any
supporting evidence. However, the company has to state
whether it is its relevant or total net turnover on the
turnover details form. In addition, the Commission asks
that any service providers that are required to lodge their
annual accounts (including their profit and loss account)
with the Chamber of Commerce in accordance with the
provisions of Section 394 of the Civil Code, Vol. 2, supply
a copy of them to it as well. Category 3: net turnover < 2
million euros (OPTA regulation fee: zero fee upon
request) A category 3 company must supply turnover data
demonstrating to the Commission that the company’s
relevant turnover is below the lowest limit. The company




The Telecommunications Act specifies that registration is
required. OPTA determines which information companies
must provide.
Rights and duties are set out in the Telecommunications
Act




Any change related to the registration has to be notified
instantly.
I assume that the question relates to the registration
process only: Type of information needed: see previous
questions. Level of detail: you don’t indicate how you
would like to compare the information among NRA's so
please refer to the form. Language: Dutch or English




Not for the process of registration, but undertakings pay
an annual fee to finance OPTA's activities on the
electronic communications markets.
Net turnover/relevant turnover




No specific provision.




Mrs. Els van Kuijen, tel.nr.: +31703159254, e-mail:
E.vanKuijen@opta.nl.
                         Norway
                          NPT




A notification is required and it shall be provided no later
than at the time the activity commences. Applications
regarding numbering resources and radio frequencies
must be filed separately.




NPT
The notification scheme is the same in all cases.




Notifications can be sent by email or ordinary mail. Direct
online registration is not possible.
Three categories (“Providers which install, operate and
give access to electronic communications networks that
are used for offering a public electronic communications
service”, "providers of publicly available telephone
services” and "providers of transmission capacity”)




Yes,      but     only    in    Norwegian       version.
http://www.npt.no/marked/ekomtjenester/regelverk/registr
eringsplikt
No, but NPT will accept notifications in both English and
Norwegian. Guidance on both administrative and
regulatory obligations are also available in English, see
http://eng.npt.no/portal/page/portal/PG_NPT_NO_EN/PA
G_NPT_EN_HOME/PAG_PUBLICATIONS/guidelines_for
_providers?p_d_i=-59556&p_d_c=&p_d_v=62884




No
None




The requirements are set out in national legislation (The
Norwegian Electronic communications Act provides legal
basis for requirements set out in the Regulations on
Electronic Communications Networks and Services).
When a complete notification form has been received
NPT issues a letter to the company acknowledging the
notification, including the categories of their registration.
The NPT also publish and maintain an updated list of
undertakings registered in the different categories on the
Authority’s web pages.




There exists different obligations to report statistics for
use in e.g. SMP analyses, market reports and to estimate
administrative charges because they operate in the
Norwegian market, but not due to the notification as such.
There are two reporting obligations each year. Full year
and first half year. There is an online reporting scheme
set up, but it is only available in Norwegian. The scheme
consists of questions regarding number of subscriptions,
traffic and revenue for different areas of the telecom
sector. The scheme includes fixed telephony (PTSN,
ISDN and broadband telephony), mobile telephony,
mobile broadband, fixed broadband, leased lines,
broadcasting (television conveyance) and data
communication services like IP-VPN. The operators are
asked to split the figures between private and business,
and between retail and wholesale.
Norwegian




See line below
Providers of electronic communication networks,
electronic communication services and associated
facilities with relevant revenues in excess of NOK 30
million during the previous accounting year have to pay
administrative charges to NPT (their share covers 49% of
the total administrative charges). Relevant revenues are
revenues for electronic communication networks and
services, i.e. retail revenue for external sales in the
markets for telephony, leased lines, broadband and
broadcasting (except satellite broadcasting), etc., at an
overall level and geographically limited to Norway.




No




www.npt.no, Mr. Arve Dagfinrud (arv@npt.no)
                                        Poland
                                         UKE



According to the Polish Act of 16 July 2004 Telecommunications Law (hereinafter
referred to as “of the TLA”), the undertaking or another entity authorized to perform
business activities on the basic of separate provisions wishing to start providing
telecommunications services have to submit a written request for entry in the
register of telecommunications undertakings (hereinafter referred to as “Register”).
If the President of the Office of Electronic Communications (Polish NRA, hereinafter
referred to as “the President of UKE”) fails to make an entry in the register within 7
days and 14 days have passed from the day of the receipt of the request, the
undertaking or another entity authorised to perform business activities on the basic
of separate provisions may start up the performance of telecommunications
activities after the written notification to the President of UKE (Art. 10 (8) “of the
TLA”).
This regime only concerns the undertaking or another entity authorized to perform
business activities on the basis of separate provisions who meet the conditions of
entry in the register and are not requested to supplement the request for entry in the
register within the 7 days of the day of the request. A written request shall include
information as follows (Art. 10 (4), (5) and (6) “of the TLA”).
The President of UKE within 7 days of the entry in the register issue ex officio a
certificate of the entry in the register. Moreover the request for entry in the register,
the attachments to this request and the entry in the register shall not be subject to
stump duty (Art. 10 (12) of the TLA).




The Register is held by the President of UKE.
There are no different notification requirements for undertakings providing
ECN/ECS to consumers or bussiness users. The undertaking or another entity
authorized to perform business activities on the basic of separate provisions shall
provide a general description of the telecommunications network,
telecommunications service and associated facilities to which the request refers.




In accordance with the TLA it is not possible to submit online request for the entry in
the register.
The register covers the following categories of networks and services which are
mentioned in the legal definition of telecommunications undertaking: providing
telecommunications network, provision of telecommunications services, providing
associated facilities. There is also non - exhaustive list of around 60 business
activites under these 3 categories , that includes e.g. provision of a data
transmission network, provision of leased lines services, provision of call services in
the CATV, provision of broadcasting of radio and television programmes services,
etc.




Only the Polish version of the request for entry in the register is available. See the
attachements         on         the        bottom         of         the         page:
http://www.en.uke.gov.pl/ukeen/index.jsp?place=Lead02&news_cat_id=22&news_i
d=990&layout=6&page=text
According to Polish law the request for entry in the register shall be submitted in
Polish language.




According to TLA in connection with the Code of Administritive Procedure, if the
applicant is requested to supplement the request for entry in the register, the
applicant shall be summoned to correct the defects within 7 days, with a notice
advising that failure to comply will result in the application not being examined.
Art. 12 of the TLA states that the telecommunication undertaking in the event of
changes to the information mention in the Art. 10 (4) (1) to (8) of the TLA is obliged
to immediately submit a written request to the President of UKE for modification
to the entry in the register. After the entry in to register the telecommunication
undertaking is a subject of rights and duties regulated in the TLA (such as in Art.
159 which imposes obligation of preserving telecommunications confidentiality on
the telecommunications undertakings) and the Polish Act of 7 May 2010 on support
of the development of telecommunications services and networks.




The authorisation regime has been set out in national legislation (TLA and
ordinance of the Minister of Infrastructure, which specify the request template for
entry or the modification of an entry in the register).
Yes, according to Art. 11 of the TLA (that implements Art. 9 of the Authorisation
Directive ) “1. The President of UKE within 7 days of the entry in the register shall
issue ex officio a certificate of entry in the register, hereinafter referred to as ‘the
certificate’. 2. The certificate should include: 1) the register number; 2) the
information referred to in Article 10 (13) (2) and (3); [the date of receipt of the
request for entry in the register and the entry date, as well as: 1) the company of the
undertaking or the name of another entity authorised to perform business activities
on the basis of separate provisions, its seat and address; 2) the indication of a legal
form of the undertaking or another entity authorised to perform business activities
on the basis of separate provisions; 3) tax identification number; 4) the relevant
number in the entrepreneurs register or business activities register or another
relevant register maintained by a Member State or another state specified in
paragraph 1; 5) t                                      This regime only concerns the
undertaking or another entity authorized to perform business activities on the basis
of separate provisions who meet the conditions of entry in the register and are not
requested to supplement the request for entry in the register within the 7 days of the
day of the request. A written request shall include information as follows (Art. 10 (4),
(5)                 and                  (6)               “of                the TLA”).
The President of UKE within 7 days of the entry in the register issue ex officio a
certificate of the entry in the register. Moreover the request for entry in the register,
the attachments to this request and the entry in the register shall not be subject to
stump duty (Art. 10 (12) of the TLA).ransparency, equality and adequacy. The
decision TLA imposes a few kinds of reporting obligations. promulgated in the State
Yes, the is adopted after holding public discussions and is Provisions of Art. 7 of the
TLA set out reporting obligation, which should be fulfilled by telecommunications
undertakings without any request of the President of UKE. This Article states that:
“1. A telecommunications undertaking with annual revenues from performing
telecommunications activities in the previous financial year exceeding the amount of
PLN 4 million shall submit to the President of UKE: 1) an annual financial statement
by 30 June; 2) information concerning the type and scope of performed
telecommunications activities and the sales volume of telecommunications services
by 31 March. 2. A telecommunications undertaking with annual revenues from
performing telecommunications activities in the previous financial year equal to or
less than the amount of PLN 4 million shall submit to the President of UKE by 31
March information concerning the type and scope of the performed
telecommunications activities and the sales volume of telecommunicatioer – 31
December) shall be submitted by 31 January.c. This is to facilitate the exercise of
the rights extended to the said person based on the General Authorization. ectronic
Communications Act)
4) Extract from the Commercial Register or Trade authorization (certified copy)
Legal entity not registered in the Commercial Register so far, has to submit certified
copy of the contract establishing the legal entity (art.13 para 5 of the Electronic
Communications Act).shall be substantiated and the party concerned shall be
notified of the specific purpose for which the information provided is to be used. (2)
To observe and monitor the development of the market and of competition pursuant
to § 34 the Federal Minister of Transport, Innovation and Technology shall be
Answer: All information should be provided in Polish.




Telecommunications undertakings are obliged to pay annual telecommunications
fee associated with the performance of tasks within the scope of
telecommunications by administrative bodies including i.a. keeping a register of
telecommunications undertakings. The fee shall be paid after 2 years from the day
on which the performance of activities commenced. This obligation is introduced in
the article 183 of TLA: (2)The amount of the fee referred to in paragraph 1 may not
exceed 0.05 % of a telecommunications
undertaking’s annual revenues from performed telecommunications activities,
obtained in the
financial year 2 years before the year for which this fee is due.
(3) A telecommunications undertaking shall pay the fee referred to in paragraph 1
after 2 years from
the day on which the performance of these activities commenced.
(4)The fee referred to in paragraph 1 shall be paid by a telecommunications
undertaking that has
obtained revenues from performing telecommunications activities in the financial
year 2 years before
the year for which this fee is due higher than PLN 4 million.
Annual revenues from performed telecommunications activities, obtained in the
financial year 2 years before the year for which this fee is due. According to the
article 183 ofTLA: (2)The amount of the fee referred to in paragraph 1 may not
exceed 0.05 % of a telecommunications
undertaking’s annual revenues from performed telecommunications activities,
obtained in the
financial year 2 years before the year for which this fee is due.
(3) A telecommunications undertaking shall pay the fee referred to in paragraph 1
after 2 years from
the day on which the performance of these activities commenced.
(4)The fee referred to in paragraph 1 shall be paid by a telecommunications
undertaking that has
obtained revenues from performing telecommunications activities in the financial
year 2 years before
the year for which this fee is due higher than PLN 4 million.




There are no provisions addressed exclusively to the cross-border services
providers.




email: uke@uke.gov.pl                                               phone:
48 22 534 91 26
http://www.en.uke.gov.pl/ukeen/index.jsp?place=Lead02&news_cat_id=22&news_i
d=990&layout=6&page=text
                               Portugal
                              ANACOM




The Portuguese national administrative scheme provides for a
notification/declaration and is fully in line with the Authorization
Directive, including the last paragraph of its article 3.2. A link to the
relevant         provisions        may        be         found          at
http://www.anacom.pt/render.jsp?contentId=1099877                (English
version). See in particular articles 19 and 21, namely paragraph 4 of
article 21 on what concerns the last paragraph of article 3.2 of the
Authorisation Directive.




ANACOM
The requirements are the same.




Notifications by e-mail are accepted and the form is available on-line.
The        application      form      can       be      found        at
http://www.anacom.pt/render.jsp?categoryId=115580
There is a list of the main categories of networks and services that
can be chosen by the interested undertakings. However, they may
indicate other categories of networks and services not mentioned in
the list. See http://www.anacom.pt/render.jsp?categoryId=115580 for
further details.




Yes. http://www.anacom.pt/render.jsp?categoryId=115580
The notification/declaration forms are available in English although
they have to be filled in Portuguese. Nevertheless, it is possible to
attach documents written in other languages (for instance technical
documentation).




No.
Further applicable obligations are: a) to notify the NRA in case of
change of the undertaking's address and any other modifications
regarding      the    information     contained   in    the    original
notification/declaration and b) to inform the NRA, at least 15 days in
advance, when the provision of electronic communication networks
or services is to be ceased. Whenever the notification of
undertakings by the NRA proves to be impossible for more than 90
days they shall be removed from the register of companies providing
electronic communications networks and services.




The authorization requirements are set out in national legislation.
Upon notification, the NRA issue a declaration describing in detail the
rights provided for in the law in respect of access and interconnection
and of instalment of resources, which presentation is intended to
facilitate the exercise of such rights.




Yes. There are reporting obligations, but not connected with the
notification procedure. These obligations, which stem from the
Electronic Communications Law and apply to any provider of a public
telecommunications      network      or   of   publicly     available
telecommunications services, are necessary, for instance, for market
analysis procedures, yearly reports, etc.
Undertakings must file yearly and quarterly questionnaires. There
may be other ad-hoc requests. The questionnaires, to answer the
reporting obligations referred in anwser 12, are normally available on-
line, through the site, in portuguese. Undertakings have to provide
information in portuguese. The NRA indicates the motivations of the
demands, which must be proportionate and specifies the level of
details as well as the time frame within which answers are expected.
There is an annual fee due for the provision of publicly available
electronic communications networks and services. The amount of
this fee is calculated based on the amount of relevant revenues
directly connected to the pursue of the activity achieved in the
calendar year preceding that on which the fee is paid. Fees are also
charged for the grant of frequencies rights of use and for the
allocation and use of numbering resources. See Administrative Rule
ner 1473-B/2008, of 17 December, for further details:
http://www.anacom.pt/render.jsp?contentId=1104871




There are no specific provisions addressed to cross-border service
providers.




Contact Point for authorisation issues: Direcção de Regulamentação
e Assuntos Jurídicos. Email: paulo.fontes@anacom.pt. Phone
number: + 351217212507
                        Romania
                        ANCOM




The named articles from EU Authorisation Directive are
transposed into national law by Government Emergency
Ordinance no. 111/2011 on electronic communications
approved, with modifications and completions, by Law
no.140/2012, as follows:
art. 3.2 of the EU Authorisation Directive - art.5, art. 6.1,
art. 6.2 and art. 6.4 of the Government Emergency
Ordinance no. 111/2011;
art. 3.3 of the EU Authorisation Directive - art. 6.1 and
art. 6.3 Government Emergency Ordinance no.
111/2011;
art. 9 of the EU Authorisation Directive - art. 10.3 of the
Government Emergency Ordinance no. 111/2011.




The National Authority for Management and Regulation in
Communications of Romania (ANCOM) is responsible for
receiving notifications.
According to ANCOM President Decision no.338/2010 on
general authorisation regime for the provision of
electronic communications networks and services
(available            in              English            at
http://www.ancom.org.ro/en/uploads/forms_files/1341906
70_decision_2010_338_AG_en.pdf) in Romania there
are no distinctions regarding the requirements of the
notification on the basis of different end-users categories
to provide electronic communications networks or
services.




Submitting online notification it is not possible, at the
moment, in Romania. However, using information
communications technologies to submit notification it
is possible. For example, the standard notification forms
can be electronically filled in, being available on ANCOM
web site, at http://www.ancom.org.ro/notificare_132., and
the other documents which have to be attached to
standard notification forms can also be submitted in
electronic format if it has included, attached or logically
associated an extended electronic signature based upon
a qualified certificate that has not been invalidated or
revoked at the respective moment, generated using a
secured device for creating electronic signature.
The notification form provides 4 main categories of
public electronic communications networks and 6
main categories of publicly available electronic
communication       services:     A)    Public   electronic
communications networks: A1. Public terrestrial networks
with access to a fixed location or with limited mobility A2.
Public mobile cellular radio networks A3. Public access
mobile radio networks A4. Satellite public networks; B)
Publicly available electronic communication services B1.
Publicly available telephone services B2. Leased lines
services B3. Data transmission services B4. Internet
access services B5. Retransmission of linear audio-visual
media program services to the end-users B6. Other
electronic communications service




A standard notification form and description file for
networks and services is available in English on ANCOM
website, at http://www.ancom.org.ro/en/notification_132.
  All the information regarding general authorisation
regime and notification procedure is available in English
on            ANCOM                website,             at
http://www.ancom.org.ro/en/autorizare-comunicatii-
electronice_131.




No
The operators in Romania are not bearing any
administrative duties related to authorization
requirements, except those expressly mentioned in
Authorization Directive. Even though, in Romania any
business trader has the obligation to entry in Romanian
Commercial Register. Other legal persons which are not
business traders according to Romanian legal framework
have also the obligation to entry in a public register. Of
course, these obligations do not apply to nationals from
other European Union or European Economic Area
member states which exercise their freedom to provide
services in Romania.




The concrete authorization requirements are set out in an
administrative decision – ANCOM President Decision
no.      338/2010     (available     in      English   at:
http://www.ancom.org.ro/en/uploads/forms_files/1341906
70_decision_2010_338_AG_en.pdf) - which develops
general provisions from primary legislation.
According to art. 10.3 of Government Emergency
Ordinance no. 111/2011 and to article 9 from ANCOM
President Decision no. 338/2010, upon request or ex
officio, ANCOM shall issue a standard certificate to the
person who submitted a notification in compliance with
the provisions set out in primary or secondary legislation.
The standard certificate shall be issued within 7 days
and attests that a relevant person has sent the notification
to provide electronic communications networks or
services. Also, the standard certificate sets the conditions
upon which the holder of it is able to exercise the rights of
way and the right to negotiate access and interconnection
agreements.




a) information which must be provided upon case by case
request on the level of detail indicated by ANCOM, on the
grounds of art. 11 of EU Authorisation Directive;
b) information which must be submitted periodically yearly
or for every 6 months.
Only in Romanian




In Romania there are no charges related to the
procedure under the general authorization regime.
According to Government Emergency Ordinance no.
11/2011 any person who is a provider of public electronic
communications networks or of publicly available
electronic communications services shall to pay to
ANCOM an annual monitoring tariff from the moment of
gaining the capacity as a provider until the termination of
such capacity. As an exception of this rule, the
providers who register a turnover which does not
exceed the equivalent in Romanian currency of EUR
100,000 are not obliged to pay the monitoring tariff. In
this case however the providers shall provide all
necessary data to ANCOM in order to verify the
conformity with the requirements of the law. The precise
amount of the monitoring tariff is calculated as a
percentage of the turnover of each provider achieved
during the year prior to that for which the monitoring tariff
is due or, if so requested, instead of the turnover, the
revenues resulted from the provision of electronic
communications networks or servives. In order to do so,
the                       providers                      sh
usiness activities on the basis of separate provisions who
meet the conditions of entry in the regis


Article 5 paragraphs (3) – (5) of ANCOM President
Decision no. 338/2010 have specific provisions for cross-
border services offered by foreign nationals with the
headquarters in the Member States of the European
Union or of the European Economic Area, determined by
whether they choose to exercise freedom to provide
services or right of establishment in Romania. These
specific provisions offer guidance on foreign nationals
about the equivalent documents which have to be
attached to standard notification form and do not impose
any different obligations than those which Romanian
national are bound to fulfil.



Phone: +4 0372.845.418
Fax: +4 0372. 845.404
Email: international@ancom.org.ro
web page: www.ancom.org.ro/en/electronic-
commmunications-authorisation_131
                   Slovak Republic
                       TU SR




Act No. 351/2011 on Electronic Communications: §13, 1
Provision of network or service can be based only on a
general authorization issued by the Authority. If it is
necessary to assign an individual right to use numbers or
frequencies for the provision of networks or services, the
undertaking requests the grant of such rights under § 31
or § 32. §15, 1: The person intending to carry out
business in the provision of networks or services shall be
obliged to notify this intention to the Office prior to
initiation of the provision. The person shall be obliged to
notify also any changes in network or service provision or
termination of their provision, within 15 days from a
change in network or service provision or their
termination.




TU SR
No differences




No. The undertaking meets the notification obligation by
delivering the written notification using the form given in
the Annex to General Authorisation.
Notification obligation is necessary if person intends to
carry out business providing any kind of networks or
services. In the notification form only the basic networks
and services are mentioned.
Network:
• Fixed network
• Wireless fixed network
• Wireless mobile network
• Satellite network (e.g. satellite network used for R and
TV broadcasting, SNG, or the provision of other electronic
communications services)
• Network for retransmission of radio and TV signals
(KDS, MMDS)
• Network of R and TV transmitters
• Electricity distribution network (to the extent that it is
used for the transmission of signals)

Service:
• Public telephone service
• Other voice services
• Leased lines
• Transmission of radio and TV signal
• Data transmission services
• Internet access services
• Other electronic communications services
• Retransmission service for R and TV programme




The notification form is Annex of General Authorisation -
Slovak version of the form:
http://www.teleoff.gov.sk/data/files/27151.rtf
English version of the General Authorisation:
http://www.teleoff.gov.sk/data/files/25191.pdf
Yes, but according to the Slovak legal system, the
notification should be provided in Slovak language.
http://www.teleoff.gov.sk/data/files/25191.pdf




No.
A foreign person’s authorization to carry on a business
activity on the territory of the Slovak Republic takes effect
on the day as of which that person, or that person’s
organizational component, is recorded in the Commercial
Register.




The requirements are set in the Act on Electronic
Communications and in General Authorisation.
If requested by the undertaking (in case the notification
form is complete and sufficient), the Office shall affirm
fulfilment of notification obligation to the undertaking
within seven days after the delivery of the notification.




The undertakings are obliged to submit a declaration on
the level of revenues relating exclusively to the provision
of networks or services yearly.
Information should be reported in Slovak language.




Yes.
The basis for the calculation of administrative fees is in
General Authorisation. The amount of the administrative
fee is 0.08 % of annual revenues from the provision of
networks or services for the preceding closed accounting
period, where the lowest payment is € 33.19, even if the
undertaking had no revenues.




No.




email: Maria.SRNANKOVA@teleoff.gov.sk;
Lubor.KRAL@teleoff.gov.sk
telephone: +421 2 57 881 402; +421 2 57 881 451
www.teleoff.gov.sk
                       SLOVENIA
                         APEK




Article 5 of Electronic Communications Act in force. The
same provision is also in the Article 5 of proposed text of
Electronic Communications Act-1 that will be adopted by
the end of the year. Link: http://www.uradni-
list.si/1/objava.jsp?urlid=200713&stevilka=594




APEK (Agency for Post and Electronic Communications
of Republic of Slovenia) is in charge of receiving the
notifications (See: first paragrapf of Article 5 od Electronic
Communication Act)
There are no diffeences.




This is not possible yet.
The notification regime ensures the freedom to provide
any type of electronic communications networks and
services. Nevertheless, our notification/declaration
provides for six (6) different categories of networks
(access to the end-users) and twenty (20) different
categories of services, which are ment as guidance to
APEK.




Although APEK has also an English version of its website,
the application form available on the web is only in
Slovenian language. The possibility is being considered
of translating the documents. The Slovenian version is
available                                          here:
http://www.apek.si/sl/datoteke/File/2007/ZEKom/obvestilo
.pdf
The form can be filled in any language, preferably
Slovenian (due to the fact that according to the Slovenian
law on common administrative procedure the official
language of APEK as State Administration is (only)
Slovenian). APEK has not yet issued any guidance in
other languages, but intends to update and renew its
website, which will probably include certain information
regarding notifications in English language as well.




No, there are no grounds for rejection of the notification
beyond the requirements provided for in Art. 3(3) of AD.
The Register of Operators must be updated at all times.
This implies that the undertaking shall According to Article
6 of the Electronic Communications Act notify APEK of: (i)
any amendments or changes of the information regarding
its identification and activity in 30 days after their
occurrence and (ii) the envisaged termination of the
provision of public communications networks or services
(at least 90 days prior to the envisaged termination).
Undertakings must pay an administrative charge (annual
fee) from the moment of the registration. This annual fee
is calculated in relation to the undertaking’s yearly
income, based on which they are disposed in four
different classes.




The requirements are set in national legislation and in
APEK's general act, in which the Agency prescribed more
in detail the content and form of the notification, as well
as the scope of data and evidence under the third
paragraph of the Article 5 of the Electronic
Communications Act. It shall, by general act, specify the
form and content of the confirmation referred to in the fifth
paragraph of the mentioned Article.
Within seven days of the receipt of notification with all
necessary data referred to in the third paragraph of Article
5 of the Electronic Communications Act, the Agency
enters the operator into the official records and at the
same time sends it the confirmation of registration.
Recording in the official records does not constitute a
condition for the exercise of rights and obligations of
operators under the Electronic Communications Act. The
notice explicitly states that such confirmation is not an
administrative act and it does not in itself create rights
and obligations of the operator.




Reporting obligations exist, but they do not derive from
the notification requirement. These obligations are set in
the Electronic Communications Act in force (Article 126)
because an undertaking is a provider of a public
telecommunications network or of publicly available
telecommunications services. Reporting obligations are
required e.g. for the purpose of market analysis
proceduresm, annual reports...
All reporting obligations must be in Slovenian language




There are no administrative charges connected with the
notification.
None




At the moment there is no special provision for cross -
border operators.




Email: info.box@apek.si; telephone number: +386 1 583
63 00; http://www.apek.si/operator-status-and-numbering-
space )
                                                    Spain
                                                    CMT
(i) Article 6.2 of the Spanish Telecommunications Act of 2003, which transposes into Spanish legislation
Article 3.2 of the Authorization Directive, related to the prior notification needed in order to exploit networks
and/or provide communication services.
(ii) Article 5 of the Regulation 424/2005, 15 April 2005, on electronic communication services (ECS)
provision, universal service and user protection, which transposes Article 3.3 of the Authorization Directive,
related to the requirements that have to be submitted together with the notification.
  (iii) Article 11 of the mentioned Regulation 424/2005, which transposes Article 9 of the Authorization
Directive, related to the declaration confirming, where applicable, that the undertaking is listed in the
Register of Operators and has the right to occupy the public domain and the private property. Spanish
telecommunication legislation and standardized forms can be found at the Spanish Telecommunications
Commission (hereinafter, CMT) website, http://www.cmt.es/c/document_library/get_file?uuid=4da4ace6-
e1a1-40ae-a9ed-c6b645d18a92&groupId=10138.
According to this legislation, the interested undertakings for the provision of electronic communications
networks/ services must submit a prior notification of its intention to commence its activities. Upon
notification, CMT shall include the undertaking in the Register of Operators. The authorization to begin an
electronic communication activity derives from the law. This means that the undertaking can start its activity
at the moment of notification.
Furthermore, upon request, CMT shall, within one week, issue a declaration confirming, where applicable,
that the undertaking is listed in the Register of Operators and has the right to occupy the public domain and
the private property. This decision has the effects of the standardised declaration of Article 9 of
Authorization Directive.       When the notification does not comply with all the stated requirements, CMT
shall issue a dismissal resolution in a 15-day period, in which case the undertaking would have to stop its
activity.
As for the list of the notification requeriments, undertakings must submit the administrative data that identify
the provider, such as the company registration numbers, provider's contact persons and powers of
attorney, provider's address, and the data concerning the activity, such as a short description of the
network or service, the estimated date for starting the activity and the area of coverage, and a responsible
statement of compliance with the laws is required.
CMT.
However, the right of use for radio frequencies is not subject to CMT competence, but to the Ministry of
Industry, Energy and Tourism. The exercise of this right requires the authorization of the mentioned
competent administration. In order to obtain the authorization to use radio frequencies, the prior notification
of the activity must be submitted to CMT (and the undertaking correctly filed at the Registry).
No. The legal requirements concerning the notification obligation for the provision of electronic
communications networks or services to either consumers or business users are the same.




Yes. Since 4th of June 2008, the undertaking can submit an online notification (prior required electronic
signature), which link is the following: https://sede.cmt.gob.es/Sede/index.html
However, there are some official documents that must be submitted by regular mail, when its official
reliability cannot be ensured online (companies certifications, powers, etc.).
The information documents inform about a wide list of ECN/ECS, stating that this list is only for guidance.
Afterwards, if the ECN/ECS notified does not fall under one of the categories established in the list, CMT
categorizes it under similar names and, if it is no possible, creates as appropriate new categories,
according to the Regulations and the National Numbering Plan.




Yes. The notification form is available on CMT website in                           the   following   link:
http://www.cmt.es/c/document_library/get_file?uuid=4da4ace6-e1a1-40ae-a9ed-
c6b645d18a92&groupId=10138
No. Although CMT has an English version of its website, the application form available on the web is only
in Spanish (at the link above).




No. Only when the notification does not fulfil with all the requirements set out in article 5 of the Regulation
424/2005, CMT shall, within the period of 15 days, enact a dismissal notification, in which case, the
undertaking would have to stop its activity.
The Register of Operators managed by CMT must be updated at all times. This implies that the
undertaking shall notice: (i) any amendments of the information recorded both on its identification and its
activity, (ii) the completion of its activity in order to cancel its registration in the Register of Operators and,
(iii) its intention to continue its activity, every three years from the initial notification.




The information to be notified together with the notification is required by the Spanish legislation.
CMT confirms by a particular decision whether or not the notification fulfills all the above mentioned
requirements, stating the inscription in the Register of Operators managed by CMT, within the period of 15
days. The enactment of these decisions -when possitive- is discretionary, since it is not established in the
laws. CMT considers appropriate to rule such decisions for transparency reasons and to guarantee the
rights of defence of the undertakings.
In these decisions, undertakings are informed of the need to comply with the law –general
obligations/conditions-, the possibility of being imposed further obligations and the need to request and
obtain a specific authorization for the use of radio frequencies and numbering resources –articles 5, 6 and
7 of Authorization Directive-. CMT decisions interpret certain open provisions established in the
Regulations.
Yes, CMT always issues a Resolution confirming the registration of the undertaking and informing of the
general rights and obligations that this undertaking shall have and/or will have to comply with,
interconnection included. This resolution has the effect considered in the last paragraph of article 9 of the
Authorization Directive. The mentioned declaration informs of the legal right to occupy the public domain as
far as this is necessary for the establishment of a public electronic communications network. It also informs
of the legal right to occupy the private property for such purpose only when necessary.




Apart from the obligations of the operators in relation with the Register of Operators, they must provide the
CMT with the information requested according to Article 9 of the General Telecommunications Act of 2003
(Article 5 of the Framework Directive).
According to the Spanish law on common administrative procedure, the Spanish is the official language of
the CMT as State Administration. However, CMT is based in the Autonomous Region of Catalonia
–“Comunidad Autónoma de Catalunya”- which holds the Catalan language. Therefore, there are two co-
official languages in Catalonia. Hence, the undertaking may use and choose any of the mentioned co-
official languages in its relations with the CMT, the notification procedure included.




No payment is required for the act of notification.
However, there is an annual administrative charge (Operators general tax) required to every operator
registered. Additionally, when necessary, operators shall attend the payment of other administrative
charges, such as, Numbering Tax, Spectrum Tax and Telecommunications Tax.
Upon the operators are filed in the Register of Operators, they must pay the Operators General Tax: it
covers management, control and enforcement of the application of the legal regime established in the
Spanish Telecommunications Act. The net tax payable does not exceed the 1‰ of the gross operating
revenues (less the wholesale costs).




As mentioned in line 3, neither the legal requirements nor the notification system have a specific provision
addressed to cross-border service providers.




Dirección de Regulación de Operadores
Telephone number: + 34 93 603 62 00
http://www.cmt.es/c/document_library/get_file?uuid=4da4ace6-e1a1-40ae-a9ed-
c6b645d18a92&groupId=10138
                           Sweden
                            PTS




Article 3.2 and 3.3 of the Authorization Directive have been
transposed into nation law by The Electronic Communications Act
(2003:389). Applications regarding number capacity and radio
frequencies         must        be          filed    separately.
http://www.riksdagen.se/sv/Dokument-
Lagar/Lagar/Svenskforfattningssamling/_sfs-2003-389/ (only    in
Swedish)




PTS
No




No
8 categories (3 categories of networks and 5 categories of services).




Yes.
http://www.pts.se/upload/Ovrigt/Tele/Anmalningsplikt/Anmalan_enl_l
agen_om_elektronisk_kommunikation.pdf
Yes.
http://www.pts.se/upload/Ovrigt/Tele/Anmalningsplikt/Applicationform
_notification.pdf




No.
The application form shall be completed with a current registration
certificate. Notified operators are also subject to an obligation to
immediately give notice if the operation ceases and to inform PTS of
any change in the information given in the application form.




The Electronic Communications Act specifies that registration is
required. PTS determines which information operators must provide
in accordance with article 3.3 of the Authorization Directive.
No, but PTS confirms that the notification has been registered when
all details and documents have been received.




Yes, there are obligations to report statistics for use in SMP analyses,
market reports and to estimate administrative charges.
In Swedish or in English.




Yes.
PTS issues charges regulations annually. The annual turnover
forming the basis of charges refers to the turnover during the
immediately preceding financial year of the operation referred to in
the notification. It is prescribed by the provisions that different
charges apply for those notified having a turnover (for the operation
subject to a notification obligation) exceeding or alternatively under 5
million SEK. Those subject to a notification obligation, shall when
submitting the notification, pay a processing charge of 1 000 SEK.
Those whose annual turnover, for the operation subject to a
notification obligation, is less than SEK 5 million SEK per year shall
pay an annual charge which amounts to 1000 SEK. Those subject to
a notification obligation with a turnover that is equal to or exceeds 5
million SEK per year, for the operation subject to the notification
obligation, shall pay an annual charge to PTS. This charge amounts
to 0.165 per cent of the annual turnover of the operation subject to
the notification obligation. Those subject to a notification obligation
with a turnover that is equal to or exceeds 30 million SEK per year,
for the operation subject to the notification obligation, shall pay an
annual emergency surcharge to PTS. This charge amounts to 0,150
per cent of the annual turnover of the operation subject to the
notification obligation. There is also a charge on radio and
telecommunications terminal equipment. In order for PTS to impose
the correct annual charge for the forthcoming year, an information
request is dispatched annually to those notified, which should be
completed and returned to PTS. If details of annual turnover are not




There are no special provision for cross-border operators.




Helena Klasson, helena.klasson@pts,se, +46 8 678 57 87
                                 Switzerland
                                  BAKOM



In Switzerland each undertaking intending to provide ECS’s (Electronic
Communications Services) is required to submit to BAKOM a single
notification where all services should be announced. After checking the
notification, if there is no additional clarification and the situation falls within
the conditions established in the law, each undertaking is registered and
the provider receives a confirmation of the registration in form of a
administrative decision. Numbers are assigned to registered service
providers or anyone else depending on the type of usage (fixed or mobile
services, added value services, etc.) to be given to the numbers. In
principle the numbers are assigned in blocks of 10’000 numbers. Single
numbers, such as those for value added services, may also be assigned to
single persons or other organizations (non-ECS providers). The
assignment of numbers is a process independent from the ECS provider
notification/ registration and is formalized by a formal administrative
decision (comparable with a license). The rights of use for radio
frequencies are in general assigned by the means of licenses established
independently from the above mentioned announcements and registrations
as ECS providers. Radio frequencies may also be assigned to non-ECS
providers, like broadcasters distributing their own TV program over DVB-T.
Please find the notification form and corresponding guidance on
http://www.ofcom.admin.ch/themen/telekom/00462/00796/index.html?lang
=en




BAKOM
There is a single form with no question asking for the type of clients aimed
by the undertaking (consumers, businesses or other service providers).
Therefore there is no different treatment for the different types of providers.
However, the type of services offered, the service description details and
offering or not interfaces to end-users may help understanding what is the
intended area of activity.




Notifications by e-mail are accepted and the form is available on-line:
http://www.ofcom.admin.ch/themen/telekom/00462/00796/index.html?lang
=en OFCOM just started a on-line notification process. Please find it on:
https://www.eofcom.admin.ch/eofcom/public/newCatalog.do?target=doCha
ngeLanguage To find the service providers registered in Switzerland
please                  consult                the                  web:
https://www.eofcom.admin.ch/eofcom/public/searchCatalog.do
5 categories of ECS subdivided in (totally 12) subcategories. Please
consider §3 (page 8/10, ‘Registering telecommunications services’) of the
notification form cited above.




Yes, please find it on (French, German and Italian versions are also
available):
http://www.ofcom.admin.ch/themen/telekom/00462/00796/index.html?lang
=en
Both the form and the guidance are available on the web in French,
German and Italian (national languages) and also in English. All these four
languages may be used in the notification and on the correspondence by
post or e-mail.




None.
For details please consult the form and, if necessary, the guide. Apart the
respect of the Swiss applicable law, the notifying undertaking shall specify:
1) Company name/ address, number of employees and apprentices,
contact person(s) for general information, technical and statistical
information and their addresses (post, telephone, fax, e-mail). 2) Clarify if it
will be a relevant public ECS offer or if it falls in particular cases not to be
registered and indicate 2a) If addressing resources are required for the
service 2b) And/ or if the use of the frequency spectrum is required for the
service 3) The category of the service(s) (as mentioned above) 4) The brief
description or reference to an attachment with the description of: 4a) The
Network Termination Point interface(s) (according to the requirement of the
R&TTE directive, article 4.2) 4b) The services to be offered and the
infrastructures supporting the services. The data bank with all registered
service       providers       is      available         on        the       web:
https://www.eofcom.admin.ch/eofcom/public/searchCatalog.do




Both national legislation and administrative decisions of BAKOM, since the
notification form may be considered an administrative tool. The basic ruling
for the announcement as service provider is established by the
Telecommunications Act in art. 4 and the Ordinance on
Telecommunications Services. Please find them on the web pages:
http://www.admin.ch/ch/e/rs/784_10/a4.html
http://www.admin.ch/ch/e/rs/784_101_1/index.html
The data bank with all registered service providers is available on the web:
https://www.eofcom.admin.ch/eofcom/public/searchCatalog.do




Answer yearly statistics questionnaire.
Answer specific questionnaires based on monitoring campaigns.
Announcement of any changes in the service catalogue.
Apart a limited number of surveillance actions centered in particular issues,
OFCOM according the Swiss law distributes yearly a statistics form to be
filled    by      service     providers.     Please      find      it     on:
http://www.bakom.admin.ch/dokumentation/zahlen/00744/00770/index.html
?lang=en As mentioned above French, German, Italian (national
languages) and English are common languages for exchange of
correspondence with OFCOM.




Unique fee at registration (hourly based).
Yearly fee (fixed).
OFCOM charges administrative registration (of a ECS provider) costs at
210 SFr per hour (a simple registration may cost some 2 hours) and
960 SFr/year (80 SFr/month) for regular surveillance and administrative
costs.    These     values     are    based    on    the   ordinances:
http://www.admin.ch/ch/f/rs/c784_106.html
http://www.admin.ch/ch/f/rs/784_106_12/index.html




OFCOM cannot, for the moment, find a justification for it.




Armin Blum, Sektionchef TC/FG
+41 32 32 75579
Armin.Blum@bakom.admin.ch
                                                  UK
                                                OFCOM
Article 3(2) deals with several issues. The 1st sentence requires that, without prejudice to certain
provisions, the provision of ECN and ECS may only be subject to a general authorisation. In the UK, this
provision was, in effect, transposed by section 147 CA2003 by repealing various provisions of the
Telecommunications Act 1984. In particular, as section 147 abolished the prohibition on running
telecommunications systems without a licence granted under the 1984 Act, everyone is ‘generally
authorised’ in the UK to provide ECN and ECS, subject to any regulatory requirements.

The remaining sentences of Article 3(2) provide, in essence, that one of the regulatory requirements may
be that persons could be required to provide an advance notification before they begin activity. Section
33(1) CA2003 prohibits persons from providing certain activities ‘designated’ by Ofcom unless they give
Ofcom advance notification before they begin to provide those activities. However, Ofcom has not yet
made any such ‘designations’ in accordance with section 34 CA2003 and therefore persons may currently
begin activity without giving Ofcom any advance notification.

Article 3(3) deals with the information that may be required from persons in any advance notification, and
the NRA’s keeping of a register or list of providers. Section 33(5) CA2003 transposes the former by setting
out the only information Ofcom may require an advance notification to contain. Section 44 CA2003 deals
with Ofcom’s duty to keep publicly accessible register for the purposes of section 33 (if Ofcom was to
designate any activity).

Article 9 deals with NRAs issuing declarations to confirm, where applicable, to an undertaking that it has
submitted a notification under Article 3(2) and to provide certain other information. Section 146 CA2003
transposes that Article, but it is currently without effect as Ofcom has not yet made a designation for the
purposes of section 33.

“CA2003” means the Communications Act 2003, which is available via this link:
http://www.legislation.gov.uk/ukpga/2003/21/contents

CA2003 was amended by, in particular, the Electronic Communications and Wireless Telegraphy

Ofcom, but see above – anyone may currently begin activity without giving Ofcom any advance notification.
Regarding requirements in advance notification under section 33 CA2003, see first line – anyone may
currently begin activity without giving Ofcom any advance notification.

When referring to regulatory requirements more generally, the General Conditions of Entitlement imposed
by Ofcom under section 45 CA2003 distinguish between different types of network or service provider, and
the types of network or service which they provide determine which conditions apply to them, including to
whom they provide a network or service (e.g. consumers).

Ofcom’ s so-called ‘General Conditions Guidelines’ provide an introductory overview, which are available
via this link:
http://stakeholders.ofcom.org.uk/telecoms/ga-scheme/general-conditions/general-conditions-guidelines/

Consolidated versions of the General Conditions themselves are available via this link:
http://stakeholders.ofcom.org.uk/telecoms/ga-scheme/general-conditions/




Not applicable.

Section 33(4) requires that advance notifications must be sent to Ofcom in such manner as Ofcom may
require. However, anyone may currently begin activity without giving Ofcom any advance notification so
Ofcom has therefore not yet required any manner (e.g. online) in which advance notifications should be
sent.
Not applicable - see first line




Not applicable
Not applicable




Not applicable
Not applicable - see first line - if this question concerns advance notification for the purposes of section 33
CA2003.

Operators may be subject to various regulatory requirements under CA2003, including the General
Conditions of Entitlement (see first line).

Operators could also be required to provide information in various contexts and for different purposes.
Ofcom’s main power for imposing requirements to provide information is section 135 CA2003.




Not applicable - see first line - as concerns advance notification for the purposes of section 33 CA2003.

For the avoidance of doubt, operators may be subject to various regulatory requirements under CA2003,
including the General Conditions of Entitlement (see first line), which Conditions are set out in statutory
notifications (i.e. administrative decisions) issued by Ofcom under powers conferred on it by the UK
Parliament under the CA2003.
Not applicable - see first line

For the avoidance of doubt, undertakings’ ability (and their entitlement) to negotiate interconnection with, or
obtain access or interconnection from, other operators is regulated under regulatory obligations imposed
on operators by Ofcom by means of conditions under section 45 CA2003, such as the obligation to
negotiate interconnection under General Condition 1.1 and various SMP conditions to provide network
access on reasonable request.




Not applicable - see line 1
Not applicable - see Answer to Q1.




Yes, administrative charges must be paid by persons providing an activity ‘designated’ by Ofcom from time
to time under section 38 CA2003.

Ofcom’s designation set out in the Statement published on 31 March 2005 is available via this link:
http://stakeholders.ofcom.org.uk/binaries/consultations/designation/statement/statement.pdf

That designation provides, in particular, that “During each Charging Year, the Electronic Communications
Network, Electronic Communications Service or Associated Facility which is designated for the purposes of
section 38 of the Act is any Electronic Communications Network, Electronic Communications Service or
Associated Facility where the person providing that Network or Service, or making available that
Associated Facility had a Relevant Turnover from Relevant Activities of £5 million or more in the last but
one calendar year prior to the charging year in question. (For example, if the relevant Charging Year
commences on 1 April 2007, the relevant turnover will be for the calendar year of 2005).”
Administrative charges are calculated by applying a percentage tariff to the Relevant Turnover (see
designation in Answer to Q14). The tariff applicable will therefore be a percentage of Relevant Turnover
from Relevant Activities as set out in the tariff tables which will be published by Ofcom on or before 31st
March for the following charging year, see for example Ofcom’s Tariff Tables 2012/13 which are available
via this link:
http://www.ofcom.org.uk/files/2012/03/Tariff-Tables-2012-13.pdf

Additional information relating to administrative charges (including lists of providers billed to pay
administrative charges) is available via this link:
http://www.ofcom.org.uk/about/policies-and-guidelines/ns-admin-fees-list/




Not applicable - see line 1




All information is available at: http://stakeholders.ofcom.org.uk/telecoms/ga-scheme/
       Austria                RTR       ok


      Bulgaria                CRC
                                        ok

  Cech Republic               CTU
                                        ok




       Croatia              HAKOM

                                        non UE
     Denmark                  DBA       ok
    ESTONIA                   ECA       ok
      Finland               FICORA      ok
      France                ARCEP       ok
    GERMANY                 BNetzA      ok
      Greece                 EETT       ok
     Hungary                 NMHH       ok

       Ireland            COMREG
                                        ok
       Italy               AGCOM        ok
   Lichtenstein                AK       non UE
    Lithuania                 RRT       ok
       Malta                  MCA       ok
     Norway                   NPT       non UE
      Poland                  UKE       ok
     Portugal              ANACOM       ok
     Romania                ANCOM       ok
 Slovak Republic             TU SR      ok
   SLOVENIA                  APEK       ok
      Spain                   CMT       ok
     Sweden                   PTS       ok
   Switzerland              BAKOM       non UE

 The Netherlands             OPTA
                                        ok
          UK                OFCOM       ok



mancano Belgio, Lux, Cupro e Lettonia
                   Ingresso
         Stati    nell'Union
                  e europea
                  23
Belgio            luglio 195
                  2 CECA) BIPT
                  1º
                  gennaio 1
                  958 Comu
                  nità
Francia
                  Europea a
                  llora
                  CEE, CEE
                  A)
Germania
Italia
Lussemburgo                    ILR
Paesi Bassi
Danimarca
                  1º
Irlanda           gennaio 1
                  973
Regno Unito
                  1º
Grecia            gennaio 1
                  981
Portogallo        1º
                  gennaio 1
Spagna            986
Austria
                  1º
Finlandia         gennaio 1
                  995
Svezia
Cipro                          OECPR
Estonia
Lettonia                       ESD
Lituania
Malta             1º
Polonia           maggio 20
                  04
Repubblica Ceca
Slovacchia

Slovenia

Ungheria
Bulgaria          1º
                  gennaio 2
Romania           007

				
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