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GOVERNMENT OF THE REPUBLIC OF LITHUANIA

GOVERNMENT OF THE REPUBLIC OF LITHUANIA Official translation GOVERNMENT OF THE REPUBLIC OF LITHUANIA RESOLUTION No. 1236 ON THE APPROVAL OF THE LIST OF THE TYPES OF TELECOMMUNICATIONS ACTIVITIES, SUBJECT TO LICENSING, LICENSING CONDITIONS AND REGULATIONS FOR TELECOMMUNICATIONS ACTIVITIES 17 October 2000 Vilnius Invoking Articles 4, 8, 9 and 10 of the Law on Telecommunications of the Republic of Lithuania (Official Gazette, 1998, No. 56-1548) and Article 13 of the Law on State Enterprises (Official Gazette, 1990, No. 14-395; 2000, No.28-756), the Government of the Republic of Lithuania has resolved:

  1. To approve the appended: 1.
  2. list of the types of telecommunications activities subject to licensing; 1.
  3. licensing conditions and regulations for telecommunications activities.
  4. To establish that licensing conditions and regulations for telecommunications activities, approved by this resolution, shall not apply to: 2.
  5. issuing telecommunications activities licences to establish and operate public third generation cellular mobile radiocommunications (UMTS) networks and to the provision of mobile cellular radiocommunications services over this network. These activities shall be licensed under separate regulations, approved by the Government of the Republic of Lithuania; 2.
  6. issuing telecommunications activities licences to establish and operate public fixed telephone networks, to provide public fixed telephone services over this network, and other activities not included in the list of the types of telecommunications activities subject to licensing, approved by this resolution.
  7. To establish that: 3.
  8. The conditions of licences, granted by the Radio and Television Commission stipulating regulation of the operation of telecommunications networks that are set up by the broadcaster shall be submitted to this Commission by the Communications Regulatory Authority. 3.
  9. A stamp duty shall be collected for the issue or re-registration of the licence in accordance with the Law on the Stamp Duty of the Republic of Lithuania till 31 December 2000, and as of 1 January 2001, a fee shall be charged in accordance with the Law on Fees and Taxes of the Republic of Lithuania.
  10. To authorize the Ministry of Transport and Communications to issue licences within 6 months from coming into force of this resolution without organizing a tender to render radio, television programme transmission services for the enterprises that have submitted applications to the Ministry of Transport and Communications and holding authorizations, granted under the established procedure to set up and operate radio, television stations have been providing radio, television programme transmission services till coming into force of this resolution.
  11. To certify the following resolutions as no longer in effect: 5.
  12. Resolution No.1400 of 31 October 1995 of the Government of the Republic of Lithuania On the Approval of Licensing Regulations for Post and Telecommunications Operations (Official Gazette, 1995, No. 91-2045); 5.
  13. Resolution No. 1570 of 15 December 1995 of the Government of the Republic of Lithuania On the Partial Amendment of Resolution No.1400 of 31 October 1995 On the Approval of Licensing Regulations for Post and Telecommunications Operations (Official Gazette, 1995, No. 103-2316); 5.
  14. Resolution No. 1436 of 5 December 1995 of the Government of the Republic of Lithuania On the Partial Amendment of Resolution No. 1400 of 31 October 1995 On the Approval of Licensing Regulations for Post and Telecommunications Operations (Official Gazette, 1996, No. 119-2793); 5.
  15. Resolution No. 1134 of 16 October 1997 of the Government of the Republic of Lithuania On the Partial Amendment of Resolution No. 1400 of 31 October 1995 On the Approval of Licensing Regulations for Post and Telecommunications Operations (Official Gazette, 1997, No. 95-2387); 5.
  16. Resolution No. 1349 of 8 December 1997 of the Government of the Republic of Lithuania On the Partial Amendment of Resolution No. 1400 of 31 October 1995 On the Approval of Licensing Regulations for Post and Telecommunications Operations (Official Gazette, 1997, No. 114-2880); 5.
  17. Resolution No. 593 of 15 May 1998 of the Government of the Republic of Lithuania On Supplementing of Resolution No. 1400 of 31 October 1995 On the Approval of Licensing Regulations for Post and Telecommunications Operations (Official Gazette, 1998, No. 46-1277). PRIME MINISTER ANDRIUS KUBILIUS MINISTER OF TRANSPORT RIMANTAS DIDŽIOKAS APproved by Resolution No. 1236 of 17 October 2000 of the Government of the Republic of Lithuania THE TYPES OF TELECOMMUNICATIONS ACTIVITIES SUBJECT TO LICENSING
  18. To establish public broadband wireless communications networks.
  19. To operate public broadband wireless communications networks.
  20. To provide public broadband wireless communications services.
  21. To establish and operate public broadband wireless communications networks and to provide broadband wireless communications services over them.
  22. To establish public mobile radiocommunications networks.
  23. To operate public mobile radiocommunications networks.
  24. To provide mobile radiocommunications services.
  25. To establish and operate public mobile radiocommunications networks and to provide mobile radiocommunications services.
  26. To provide radio (except for wire radio), television transmission services. APproved by Resolution No. 1236 of 17 October 2000 of the Government of the Republic of Lithuania LICENSING CONDITIONS AND REGULATIONS FOR TELECOMMUNICATIONS ACTIVITIES I. GENERAL PROVISIONS
  27. These conditions and regulations shall regulate the licensing conditions of telecommunications activities (with the exception of public third generation cellular mobile radiocommunications (UMTS), public fixed telephone communications, other activities that are not included in the list of the types of telecommunications activities subject to licensing, approved by this resolution, as well as telecommunications activities, carried out by broadcasters under the procedure provided by the Law on Public Information of the Republic of Lithuania subject to the conditions of licences, issued by the Radio and Television Commission) and shall establish the procedure for the issuing, re-registration and revocation of licences to engage in telecommunications activities (hereafter referred to as licences).
  28. The terms used: 2.1.wireless telephone communications technologies mean telecommunications technologies intended for the connection of terminal equipment of a fixed telephone network to the nearest network switching facility via radio link; 2.
  29. mobile radiocommunications network means a telecommunications network, intended for transmission and reception of messages between mobile or between mobile and fixed telephone network terminal equipment , i.e., paging, trunking, cellular and other radio networks; 2.
  30. broadband wireless communications network means a telecommunications network, enabling transmission of data or other information via radio link at 2 Mb/s or higher data transmission rate within a radio channel; 2.
  31. telecommunications network operation means activities of a telecommunications network operator, ensuring normal operation and usage of the network
  32. Other terms used shall have the same meaning as defined in the Law on Telecommunications of the Republic of Lithuania. II. AREAS OF TELECOMMUNICATIONS ACTIVITIES SUBJECT TO LICENSING
  33. Telecommunications activities subject to licensing, requiring limited resources - radio frequencies, include areas, established in the list of the types of telecommunications activities, subject to licensing, approved by this resolution, that is: 4.
  34. to establish public broadband wireless communications networks;
  36. to operate public broadband wireless communications networks;
  38. to provide public broadband wireless communications services;
  40. to establish and operate public broadband wireless communications networks and to provide broadband wireless communications services over them;
  42. to establish public mobile radiocommunications networks;
  44. to operate public mobile radiocommunications networks;
  46. to provide mobile radiocommunications services;
  48. to establish and operate public mobile radiocommunications networks and to provide mobile radiocommunications services.
  50. to provide radio (except for wire radio), television transmission services.
  51. Only enterprises registered in the Republic of Lithuania under the procedure established by laws and branch offices of foreign enterprises in Lithuania shall be allowed to engage in telecommunications activities, specified in the list of the types of telecommunications activities subject to licensing, approved by this resolution. III. THE INSTITUTION, ISSUING LICENCES, ITS TERMS OF REFERENCE, ORGANIZATION OF TENDERS
  52. Licences to engage in telecommunications activities, specified in item 4 of these regulations, shall be issued by the Ministry of Transport and Communications by tender.
  53. The invitations to tender for licences shall be announced by the Ministry of Transport and Communications according to the following criteria: 7.
  54. development of competition in the market of telecommunications services; 7.
  55. efficient use of the limited resources (radio frequencies) available; 7.
  56. requirements of technology and international standards (when establishing the number of licences to be issued); 7.
  57. ensuring reliability of the national telecommunications system in case of emergency or war.
  58. The tender requirements and the amount of fee for a bid evaluation shall be approved by Minister of Transport. The fee for a bid evaluation shall be based on costs, related to running the tender and evaluating the bid.
  59. The Ministry of Transport and Communications or an agency, authorized by it, shall publish the invitation to tender for licences twice in two Lithuanian national dailies or in a Lithuanian national and regional (if the target of the tender is a licence for a regional network) daily. The invitations to tender shall also be sent to the telecommunications companies of the Republic of Lithuania as well as foreign telecommunications companies, who have expressed their interest in corresponding telecommunications activities in written form.
  60. The invitation to tender shall provide: 10.
  61. short information on the telecommunications activity subject to licensing; 10.
  62. the procedure for obtaining tender requirements, its deadlines and place; 10.
  63. the procedure, deadlines and place for the submission of the bids; 10.
  64. conditions and place for obtaining additional information on the tender.
  65. The timetable for tender procedures may be changed only upon decision of the Minister of Transport. All bidders shall be notified about this in writing.
  66. An enterprise that has registered to tender shall not transfer its bidder rights to other natural or legal persons during the tender period. During the tender period till the deadline of bid submission no information on the bidders shall be made available.
  67. For the consideration, evaluation of bids, submission of proposals on drafts of tender regulations, licence drafts and on the winning bidders, a Telecommunications activities licensing commission (hereafter referred to as the commission) shall be set up. Its terms of reference shall be approved by an order of the Minister of Transport. The commission may invite experts to provide their conclusions on the issues under consideration. IV. DOCUMENTS TO BE SUBMITTED FOR THE LICENCE
  68. A bid for a licence (hereinafter – the bid) shall be drawn in the national language of the state. The bid shall consist of an application and other documents appended.
  69. The application, signed by the head of an enterprise, shall indicate the name, code and office address of the applying enterprise, information on the authorised representative of the enterprise (name, surname, position, telephone number), the date of bid submission.
  70. The application shall be accompanied by the following documents: 16.1 a copy of the enterprise registration certificate and its by-laws (if any) - one notarised copy each; 16.
  71. balance sheets of the previous financial year and last reporting period, approved by a regional state tax inspectorate (with the tax inspectorate stamps) - one copy each; 16.
  72. a certificate issued by a regional tax inspectorate on settlement of accounts with the budget and funds, the receipts of which are administered by the State Tax Inspectorate (the certificate shall not be issued earlier than one month before the submission of the bid) – one copy; 16.
  73. a certificate of state social insurance authority on the payment of taxes (the certificate shall not be issued earlier than one month before the submission of the bid) – one copy; 16.
  74. a copy of the payment order with a bank stamp or a receipt, confirming the payment of bid evaluation fee – one copy; 16.
  75. the bid documentation – three copies (as an original and two copies).
  76. The bid shall provide: 17.
  77. the list of telecommunications services to be provided, the procedure of their provision, qualitative parameters of services, implementation terms and development of services; 17.
  78. tariffs of services, other conditions for service provision; 17.
  79. technical solution of the proposed telecommunications network, specifying the types of major network equipment, their technical parameters, radio channels and telephone numbers needed; 17.
  80. the business development programme (business plan), financial capabilities and prospective financing sources; 17.
  81. the number of new jobs created; 17.
  82. experience of the applicant – his previous participation in similar projects (the expansion rate of the telecommunications network owned, qualitative and quantitative service parameters).
  83. Tender requirements may also stipulate other (additional, more detailed) bid requirements.
  84. If necessary, in 5 working days from opening of the envelopes the Ministry of Transport and Communications has the right to request from a bidder or other institutions additional data or documents, related to the information, provided in the bid.
  85. The bidders shall submit bids in sealed envelopes with the name, address of the enterprise and the name of the tender in accordance with the procedure prescribed by the tender requirements.
  86. The Ministry of Transport and Communications, having accepted the bid, shall issue an acknowledgement of the receipt of the bid and indicate the date of bid submission.
  87. In case not all the documents, specified in the tender requirements are submitted by the bid submission deadline, or if the submitted documents do not satisfy established requirements, the bid shall not be considered. The bidder shall be informed on this in writing. The fee for bid consideration and the bid submitted shall not be returned. V. SELECTION OF THE WINNING BIDDER
  88. The bids are considered according to the procedure, prescribed by tender requirements. The decision on the winning bidder shall be adopted no later that in 3 months from the bid submission date.
  89. Decision on the winning bidder shall be made observing the following criteria: 24.
  90. qualitative parameters of telecommunications services, implementation terms and development of telecommunications services, amount of investments in network development; 24.
  91. the tariffs of services provided; 24.
  92. feasibility of the technical solution proposed; 24.
  93. financial capabilities of the applicant and financing sources; 24.
  94. the number of new jobs created; 24.
  95. experience of the applicant (his previous participation in similar projects).
  96. Tender requirements may also stipulate other criteria to be observed while considering and evaluating the bids. These criteria shall be approved by the Minister of Transport. VI. LICENCE DETAILS AND CONDITIONS
  97. The following details shall be indicated in the licence: 26.
  98. the licence issuing institution; 26.
  99. the licence number; 26.
  100. the licence holder (enterprise code, name, address); 26.
  101. licensable telecommunications activities (in accordance with the list of the types of telecommunications activities, subject to licensing, approved by this resolution); 26.
  102. the name of the official who has granted the licence; 26.
  103. the date of issue of the licence; 26.
  104. the date of re-registration of the licence; 26.
  105. the commencement of the licensable activities and the business development programme (business plan); 26.
  106. the amount of the fee (stamp duty) for the issue of the licence; 26.
  107. the scope of the licensable activity (the geographical area covered); 26.
  108. requirements for the technology and equipment to be employed; 26.
  109. conditions for the efficient use of radio frequencies and telephone numbers; 26.
  110. permits and authorizations, needed for the licensable activities and other documents, regulating the activities; 26.
  111. the procedure of tariff regulation; 26.
  112. service quality requirements; 26.
  113. requirements for free competition; 26.
  114. the procedure for supervision of compliance with licence conditions, for the provision of information, necessary for the supervision and statistics of licence conditions; 26.
  115. activities under force majeure (in case of emergency or war); 26.
  116. the procedure of modifying the licence conditions; 26.
  117. the procedure for the licence revocation; 26.
  118. other necessary conditions and requirements. VII. LICENCE ISSUING, REGISTRATION AND COMPLIANCE WITH LICENCE CONDITIONS
  119. The decision on the winning bidder shall be announced by an order of the Minister of Transport. The Minister’s order on the announcement of the winning bidder may be appealed against in accordance with the procedures, established by the laws in one month from its publication.
  120. The fee (stamp duty) for the issue of the licence shall be collected in accordance with the procedure, prescribed by the legal acts of the Republic of Lithuania. The winning bidder shall furnish the Ministry of Transport and Communications with the payment order with bank stamps or a receipt, confirming the payment of the fee for the licence issuing (stamp duty) – an original, not a copy shall be submitted.
  121. The control copy of the licence and licence issue card, signed by an authorized representative of the Minister of Transport and by an authorized representative of the licence holder shall be held at the Ministry of Transport and Communications.
  122. The licences issued shall be registered by the Ministry of Transport and Communications in the licence registration list, indicating the following: 30.
  123. the licence number; 30.
  124. the licence holder (the name, code and address of the enterprise); 30.
  125. activities to be engaged in under the licence; 30.
  126. the geographical area of the licensable activities; 30.
  127. the date of licence issue; 30.
  128. the date of re-registration of the licence; 30.
  129. the date of licence revocation.
  130. Notifications on the winners, license issue, re-registration and revocation shall be published in the annex to Official Gazette “Information announcements”. In the notification the following data shall be specified: 31.
  131. the code, name, address of the enterprise; 31.
  132. activities to be engaged in under the licence; 31.
  133. the geographical area of the licensable activities; 31.
  134. the licence number; 31.
  135. the date of issue, re-registration or revocation of the licence.
  136. One enterprise may be awarded several licences to engage in different telecommunications activities.
  137. An enterprise, which has lost the licence, and which has supplied a justified request, shall be issued by the Ministry of Transport and Communications the licence duplicate with the inscription “Duplicate”.
  138. The Ministry of Transport and Communications shall provide information to persons whether a specific enterprise holds a valid licence. The licence shall be a public document. The Ministry of Transport and Communications shall make the list of licence holders publicly available.
  139. Compliance with the licence conditions shall be monitored by the Communications Regulatory Authority in accordance with the established order.
  140. The licence holder shall not have a right to transfer the rights and obligations granted by the licence to other legal or natural persons. VIII. RIGHTS AND OBLIGATIONS OF THE LICENCE HOLDER
  141. The licence holder shall have a right: 37.
  142. to engage in telecommunications activities, specified in the licence; 37.
  143. to request an explanation in case the re-registration of the licence is denied or the licence is revoked.
  144. The licence holder shall: 38.
  145. provide users with telecommunications services, specified in the licence; 38.
  146. comply with the licence conditions. IX. MODIFICATION OF THE LICENCE CONDITIONS
  147. The licence conditions may be modified on the initiative of the Ministry of Transport and Communications or the licence holder upon agreement of both parties.
  148. In case the parties do not reach agreement on the proposed modifications of the licence conditions, the disputes shall be settled according to the procedure, established by the laws of the Republic of Lithuania.
  149. Amendments of the licence conditions shall constitute an integral part of the licence. When issuing amendments of the licence conditions, an amendment number, the number and the date of issue of the minister order, approving the amendment shall be entered on the list of licence amendment registration. X. LICENCE RE-REGISTRATION
  150. Licences shall be issued for an indefinite period, with a re-registration term not exceeding 10 years, re-registering it under the same or other conditions, agreed between the Ministry of Transport and Communications and the licence holder.
  151. The licence holder, wishing to re-register the licence shall submit a request with the Ministry of Transport and Communications to re-register the licence at least 6 months before the re-registration date of the licence (indicating the period for which the licence is to be re-registered), a notarised copy of the enterprise registration certificate and documents, indicated in items 16.3 and 16.
  153. The Ministry of Transport and Communications shall inform the licence holder about the decision on licence re-registration at least 4 months before the date of its re-registration, indicated in the licence. The fee (stamp duty) for the licence re-registration shall be collected in accordance with the procedure, set out in the legal acts of the Republic of Lithuania. The licence holder shall furnish the Ministry of Transport and Communications with the payment order with a bank stamp or a receipt, certifying that the fee (stamp duty) has been paid - the original, not a copy shall be submitted.
  154. The licence shall not be re-registered in the following cases: 45.
  155. a decision has been made to undertake new international commitments, new provisions of international Radio Regulations come into force, which alter technical conditions of the licensable telecommunications activities or the conditions of use of the assigned radio frequencies; 45.
  156. the fee (stamp duty) has not been paid for the re-registration of the licence by the re-registration date, indicated in the licence.
  157. Licence re-registration denial or its re-registration for a shorter period than requested shall be motivated. In case the licence is not re-registered by the re-registration date, specified in it, it shall be deemed no longer valid.
  158. In case an enterprise is reorganized in accordance with the procedure, set out in the laws, a licence, issued for it, may be re-registered subject to Minister of Transport Order for the entity, undertaking the rights and obligations of the enterprise ( subject to its request). If an enterprise is reorganized by division, the reorganization project of the enterprise shall establish, to which enterprise all rights and obligations, related to the held licence shall be transferred after the reorganization.
  159. Alongside with the request to re-register the licence, the entity, undertaking the rights and obligations of the reorganized enterprise shall furnish the Ministry of Transport and Communications with a notarised copy of an extract from the reorganization project of the enterprise about undertaking the rights and obligations, related to telecommunications activities licence as well as the documents, indicated in item 16.
  160. XI. REVOCATION OF THE LICENCE
  161. The licence may be revoked subject to the order of the Minister of Transport if the licence holder: 49.
  162. frequently (more than 3 times per year) violates the licence conditions and fails to timely eliminate the violations of the licence conditions indicated in written form by the Communications Regulatory Authority; 49.
  163. does not re-register the licence by the date of its re-registration, specified in the licence;
  164. The licence shall be revoked if: 50.
  165. the licence holder submits a request that the licence be revoked; 50.
  166. the licence holder transfers the rights granted by the licence to other legal or natural persons (except for the case specified in item 48); 50.
  167. the enterprise (licence holder) enters into liquidation.
  168. Upon making the decision to revoke the licence the Ministry of Transport and Communications shall notify the licence holder within 5 working days, indicating the specific motives and the date of the revocation of the licence.
  169. The revoked licence shall be delivered to the Ministry of Transport and Communications within 10 days after the notice has been received.
  170. Disputes, related to the issue, re-registration and revocation of the licence shall be settled according to the procedure, established by the laws of the Republic of Lithuania.

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