LAW OF THE REPUBLIC OF MOLDOVA

of July 7, 2017 No. 135

About modification and amendments in the Law on electronic communications No. 241/2007

With the purpose to shift the Directive 2002/19/EU of the European Parliament and Council of March 7, 2002 about access to networks of electronic communications and the accompanying infrastructure, and also their interconnection (The directive on access) published in the Official magazine of the European Union by L 108 of April 24, 2002, the Directive 2002/20/EU of the European Parliament and Council of March 7, 2002 about authorization of networks and services of electronic communications (The directive on authorization) published in the Official magazine of the European Union by L108 of April 24, 2002, the Directive 2002/21/EU of the European Parliament and Council of March 7, 2002 about general framework of regulation of networks and services of electronic communications (The framework directive) published in the Official magazine of the European Union by L 108 of April 24, 2002 The directive 2002/22/EU of the European Parliament and Council of March 7, 2002 about universal service and the rights of users concerning networks and services of electronic communications (The directive on universal service) published in the Official magazine of the European Union by L 108 of April 24, 2002, the Directive 2002/58/EU of the European Parliament and Council of July 12, 2002 concerning processing of personal data and protection of confidentiality in the sector of electronic communications (The directive on confidentiality and electronic communications) published in the Official magazine of the European Union by L 201 of July 31, 2002, the Directive 2002/77/EU of the Commission of September 16, 2002 about the competition in the markets of networks and services of electronic communications published in the Official magazine of the European Union by L 249 of September 17, 2002 The directive 2009/136/EU of the European Parliament and Council of November 25, 2009 about change of the Directive 2002/22/EU on universal service and the rights of users concerning networks and services of electronic communications, the Directive 2002/58/EU concerning processing of personal data and protection of confidentiality in the sector of electronic communications and Regulations (EU) No. 2006/2004 about cooperation between national authorities on execution of provisions in the field of consumer protection published in the Official magazine of the European Union by L 337 of December 18, 2009 and also the Directive 2009/140/EU of the European Parliament and Council of November 25, 2009 about change of directives 2002/21/EU on general framework of regulation of networks and services of electronic communications, 2002/19/EU about access to networks of electronic communications and the accompanying infrastructure, and also their interconnection and 2002/20/EU about authorization of networks and services of electronic communications, published in the Official magazine of the European Union by L 337 of December 18, 2009, the Parliament adopts this organic law.

Art. I. - In the Law on electronic communications No. 241/2007 (Official monitor of the Republic of Moldova, 2008, Art. No. 51-54, 155), with subsequent changes and amendments, to make the following changes and additions:

1. In part (Article 1 of the word "to services of electronic communications public." shall be replaced with words 1) "to public services of electronic communications.".

2. In Article 2:

in the concept "subscriber" of the word of "services of electronic communications public" shall be replaced with words "public services of electronic communications";

state the concepts "access", "unauthorized access" and "untied access" of the following edition:

"access - provision to other supplier under certain conditions, in exclusive or non-exclusive procedure, infrastructures and/or services for provision of services of electronic communications, including in cases when they are used for provision of services of information society or services of audiovisual programs. Access includes, in particular:

a) access to elements of network and the accompanying infrastructure which can imply connection of the equipment means of the fixed or mobile communication (in particular, access to subscriber loop, to infrastructure and the services necessary for provision of services by means of subscriber loop joins here);

b) access to physical infrastructure, including buildings, the sewerage and support;

c) access to the corresponding systems of the software, including systems of operational support;

d) access to systems of conversion of the caused numbers or to it is equivalent to functional systems;

e) access to networks of the fixed and mobile communication, in particular for roaming;

f) access to systems of conditional access for services of digital television;

g) access to services of virtual networks;

h) access to information systems or databases for preorders, supplies, orders, requests for maintenance and repair and forming of accounts;

unauthorized access - connection and/or use of network by physical person or legal entity

and/or services of electronic communications without the permission of the supplier of network and/or service;

untied access - the access which is not caused:

a) acquisition by the applicant together with necessary some products or services which are not necessary for provision of the declared access type;

b) acquisition of the forced amount of products or services exceeding the amount necessary for provision of the declared access type;

c) or are not connected by forcing of any commercial, technical or other conditions which are not necessary with provision of the declared access type;";

after the concept "untied access" to add Article with concepts of the following content:

"joint access to subscriber loop or subloop - provision in the order of other supplier of part of handling capacity of subscriber loop or subloop that allows to use part of frequency or its equivalent, without change of properties of subscriber loop or subloop;

full access to subscriber loop or subloop - provision in the order of other supplier of all handling capacity of subscriber loop or subloop without change of properties of subscriber loop or subloop;

allocation of radio channel or radio frequency - designation of one radio channel or one radio frequency for use by the user or category of users in certain geographical zone and under certain conditions;

challenge - the connection established by means of public service of electronic communications, allowing to establish two-way voice and/or video conference in real time;";

the concept "strip of radio frequencies of government use" after the words "homeland security" to add with the words "government communication";

state the concept "subscriber loop" of the following edition:

"subscriber loop - the physical chain connecting terminal point of network of electronic communications to the main distributor or equivalent element of the fixed network of electronic communications public;";

after the concept "electromagnetic compatibility" to add Article with concepts of the following content:

"the message - any information which exchange or which is transferred between narrow group of people by means of public service of electronic communications. This concept does not join information transferred within service of public audiovisual programs for network of electronic communications in that measure in what this information cannot be carried to the certain subscriber or the user obtaining this information;

license conditions - set of the requirements and conditions established by National regulation agency in the field of electronic communications and information technologies according to the legislation which is directly regulating use of limited resources of the state in the field of electronic communications which observance is obligatory for the owner of the license;

the consent of the subject of personal data - any declaration of will, free, specific and informed which the subject of personal data agrees to processing of the personal data concerning it;

the consumer - any physical person using or requesting public service of electronic communications for the purposes which are not connected with its business or professional activity;

these locations - any data processed in network of electronic communications or by means of service of electronic communications, specifying the geographic location of the terminal equipment of the user of public service of electronic communications;

data of traffic - the data processed for the purpose of implementation of transfer of the message on network of electronic communications or for the purpose of forming of the account;";

after the concept "domain of the highest level .md" to add Article with concepts of the following content:

"exclusive right - the right granted to one supplier by means of any the normative, regulating or administrative act which reserves for it the right to provide network or service of electronic communications or to perform other type of activity in the field of electronic communications in certain geographical zone;

the special right - the right granted to limited number of suppliers by means of any the normative, regulating or administrative act, which:

a) reserves for them the right to provide network or service of electronic communications or to perform other type of activity in the field of electronic communications in certain geographical zone differently, than on the basis of the objective, non-discriminatory and pro rata criteria allowing any concerned party corresponding to these criteria to have this right; or

b) gives them differently, than according to the criteria specified in Item and), the legitimate or regulatory benefits significantly influencing possibility of any other supplier to provide such network or service or to perform such activities in the same geographical zone on approximately equal conditions;

the advanced equipment of digital television - any decoder intended for connection with the television receiver or any digital television receiver with the built-in decoder, capable to receive interactive digital television services;";

after the concept "provision of networks of electronic communications" to add Article with concept of the following content:

"the supplier having considerable influence in the relevant market - the supplier who separately or together with other similar suppliers, according to the analysis of the corresponding market, holds position in this market, equivalent dominating as it is determined by the legislation in the field of the competition;";

state the concept "accompanying infrastructure" of the following edition:

"the accompanying infrastructure - the accompanying services, the physical infrastructure and other installations or elements accompanying network of electronic communications and/or service of electronic communications which allow to provide and/or provide provision of services by means of the relevant network and/or the corresponding service or have this potential and include, among other things, buildings or entrances to buildings, kabeleprovodka of buildings, antennas, towers and other basic constructions, channels, pipes, support, niches and distribution box;";

state the concept "interconnection of networks" of the following edition:

"interconnection - physical and logical relationship of networks of the electronic communications public used by the same or different suppliers users of one supplier could contact users of the same or other supplier or could have access to the services provided by other supplier. Services can be provided by parties concerned or other parties which have access to network. Interconnection - the special type of access realized between suppliers of networks of electronic communications public;";

after the concept "interconnection" to add Article with concepts of the following content:

"program application interface (API) - the program interface between the appendices provided by broadcasters or service providers, and the resources of the advanced equipment of digital television provided for services of digital television and radio;

harmful hindrances - hindrances which threaten functioning of radio navigational service or other security services or which seriously worsen quality complicate or repeatedly interrupt work of the radio service working according to the applicable international and national regulating documents;";

after the concept "interaction" to add Article with concept of the following content:

"violation of safety of personal data - the safety violation leading to the accidental or illegal destruction, loss, damage, unauthorized disclosure or access to the personal data transferred, kept or processed otherwise in connection with provision of public services of electronic communications;";

state the concept "license" of the following edition:

"the license - the document certifying right to use during the certain period of the limited resources specified in it (radio channels, radio frequencies, numbering resources), fully or partially, with obligatory observance of conditions of the license;";

in the concept "relevant market" of the word "some special obligations;" shall be replaced with words "some preliminary (ex ante) of special obligations for the suppliers having considerable influence in this market;", and the word of "goods" - the word of "products";

state the concept "National Plan of Numbering" of the following edition:

"The national plan of numbering - the official document determining resource allocation of numbering and establishing structure of the number ranks used in networks and services of electronic communications and also rules of forming at the national level of the resources of numbering used for provision of public services of electronic communications according to international treaties one of the parties of which is the Republic of Moldova;";

after the concept "National Plan of Numbering" to add Article with concept of the following content:

"e-mail - any text, voice, sound or graphical message sent through network of electronic communications public which can be stored in network or in the terminal equipment of the receiver before its opening by it;";

state the concept "terminal point of network" of the following edition:

"terminal point of network (NTP) - physical point in which access to network of electronic communications public is provided to the subscriber. In the networks assuming switching or routing, the terminal point of network is identified by means of certain address of network which can be connected with number or name of the subscriber;";

after the concept "radio communication" to add Article with concept of the following content:

"numbering resources - any figures or codes serving for identification of subscribers and/or suppliers;";

after the concept "resources of radio-frequency range" to add Article with concepts of the following content:

"limited resources - the limited resources of the state in the field of electronic communications including without being limited to it, radio-frequency range, resources of numbering and the accompanying technical resources;

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