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LIETUVOS RESPUBLIKOS VYRIAUSYBE

LIETUVOS RESPUBLIKOS VYRIAUSYBE Official translation GOVERNMENT OF THE REPUBLIC OF LITHUANIA RESOLUTION No. 798 ON THE APPROVAL OF REGULATIONS OF THE COMMUNICATIONS REGULATORY AUTHORITY AND REGULATIONS OF THE COUNCIL OF THE COMMUNICATIONS REGULATORY Authority 10 July 2000 Vilnius In accordance with Article 5 of the Law on Telecommunications of the Republic of Lithuania (Valstybės Žinios, 1998, No. 56–1548; 2000, No. 32–892), the Government of the Republic of Lithuania h a s r e s o l v e d: To approve: Regulations of the Communications Regulatory Authority (attached hereto); Regulations of the Council of the Communications Regulatory Authority (attached hereto). Prime Minister Andrius Kubilius Minister of Transport and Communications Rimantas Didžiokas ApPROVED by Resolution No. 798 of 10 July 2000 of the Government of the Republic of Lithuania Regulations of the communications regulatory Authority I. GENERAL PROVISIONS 1. The Communications Regulatory Authority (hereinafter referred to as the “Authority”) shall be an independent institution of the Government performing regulatory functions in the field of telecommunications that it was assigned under the Law on Telecommunications of the Republic of Lithuania, other laws and legal acts of the Republic of Lithuania, except for cases specified in Article 3

(2)of the Law on Telecommunications.
  1. The activities of the Authority shall be governed by the Constitution of the Republic of Lithuania, laws and other legal acts passed by the Seimas of the Republic of Lithuania, international agreements of the Republic of Lithuania, presidential decrees, Government resolutions, decisions of the Prime Minister, and the present regulations.
  2. The Authority shall be a legal entity, having a bank account and an official seal with the national emblem of the Republic of Lithuania and its name inscribed therein. II. Tasks AND FUNCTIONS OF the AUTHORITY
  3. The Authority shall have the following tasks: 4.
  4. to ensure that there is no discrimination against telecommunications operators and that they enjoy equal opportunities to conclude agreements on the interconnection of telecommunications networks; 4.
  5. to ensure that the equipment and devices used in the Republic of Lithuania conform to the technical standards valid in the Republic of Lithuania; 4.
  6. to ensure that there is no discrimination against consumers and that they enjoy equal access to public telecommunications networks and telecommunications services; 4.
  7. to ensure that the operators of public telecommunications networks and telecommunications service providers discharge their obligations that may be imposed in the interests of national defence, national security, the maintenance of public order as well as during emergencies; 4.
  8. to ensure the electromagnetic compatibility of equipment and devices.
  9. In attaining the tasks set out in point 4 of the present Regulations, the Authority shall perform the following functions: 5.
  10. establish the procedure and conditions for granting authorisations to engage in non-licensable telecommunications activities and issue the said authorisations; 5.
  11. monitor compliance with licence terms and conditions; 5.
  12. issue permits and authorisations for the manufacture and use of equipment and devices and their sale, for the import and use of radio transmission and radio monitoring equipment and devices; 5.
  13. draft mandatory requirements for equipment and devices, terminal equipment, the connection of terminal equipment to the public telecommunications network and the interconnection of telecommunications networks; 5.
  14. draft and approve regulations for the construction, use and protection of telecommunications networks, general terms and conditions of agreements on the interconnection of telecommunications networks, the procedure for the settlement of disputes between telecommunications operators related to interconnection of telecommunications networks, as well as rules and regulations establishing the procedure for a joint use of conduits, cable ducts, collectors, towers and poles by telecommunications operators; 5.
  15. establish the maximum level of telecommunications service charges and tariffs in cases specified in the Law on Telecommunications of the Republic of Lithuania; 5.
  16. represent the Republic of Lithuania in international organisations on the issues of Radio Regulations, prepare plans for the development of radiocommunications, draft regulatory enactments concerning radiocommunications, and carry out international radio frequency co-ordination; 5.
  17. prepare and submit to the Government for its approval a national frequency allocation table, develop and implement a strategy for the use of the radio frequency spectrum in Lithuania; 5.
  18. prepare together with the Radio and Television Commission and submit to the Government for its approval a strategy and strategic plan to allocate radio frequencies for broadcasting and transmitting radio and television programmes (hereinafter referred to as the “strategic plan”). This plan shall also cover the development of telecommunications networks intended for broadcasting radio and television programmes; 5.
  19. assign the frequencies (channels) of co-ordinated radio and television stations intended for the broadcasters in accordance with the strategic plan for the purpose of reconstructing and expanding telecommunications networks used to broadcast radio and television programmes; 5.
  20. prepare, control and supervise the national telephone numbering plan which accommodates the specific needs of the types of activities indicated in Article 3
(2)of the Law on Telecommunications of the Republic of Lithuania; 5.
  1. approve regulations for providing telecommunications services and a model agreement between telecommunications service providers and users; 5.
  2. examine disputes between telecommunications operators concerning the interconnection of telecommunications networks and joint use of conduits, cable ducts, collectors, towers and poles; 5.
  3. administer, use and dispose of state property in cases specified in the laws and in the manner established therein; 5.
  4. approve, following co-ordination with the Council, structure of the Authority and the regulations of its subdivisions; 5.
  5. discharge other functions prescribed by the laws and other legal acts of the Republic of Lithuania. III. RIGHTS OF THE AUTHORITY
  6. The Authority shall be entitled to: 6.
  7. control compliance with the Law on Telecommunications of the Republic of Lithuania, telecommunications regulations and other legal acts related to telecommunications activities; 6.
  8. issue certificates for equipment, devices and terminal equipment used in the Republic of Lithuania, except for equipment used in the field of state defence communications; 6.
  9. monitor equipment and devices in accordance with radio emission parameters; 6.
  10. carry out radio monitoring; 6.
  11. assign radio frequencies (channels); 6.
  12. allocate telephone numbers for telecommunications networks; 6.
  13. under an obligation of confidentiality, receive all the necessary information from telecommunications operators related to the fulfilment of the tasks entrusted to it, including financial information; 6.
  14. establish commissions (working groups) from among representatives and specialists of ministries and other governmental institutions, local executive authorities, establishments and organisations (following co-ordination with the heads thereof) to draft laws, Government resolutions and agreements on international co-operation as well as to deal with issues within the competence of the Authority and approve the rules of procedure of the said commissions (working groups); 6.
  15. receive information on telecommunications activities from ministries, other governmental institutions, local authorities, scientific and research institutions, associations, enterprises, establishments and organisations, as well as opinions on legal acts drafted by the Authority; 6.
  16. hold tenders in accordance with the established procedure, organise meetings, conferences and other events; 6.
  17. conclude agreements, undertake obligations, have other civil rights and responsibilities where they do not contravene the laws of the Republic of Lithuania. IV. ORGANISATIONAL FRAMEWORK OF THE Authority
  18. The Authority shall be headed by Director who shall be appointed for a term of five years and dismissed by the President of the Republic on the recommendation of the Prime Minister.
  19. The Director shall adopt decisions on all issues within the competence of the Authority, except for the issues that shall be dealt with by the Council under its regulations.
  20. The Director of the Authority shall: 9.
  21. represent the Authority in the Republic of Lithuania and abroad; 9.
  22. approve the list of the Authority staff, terms of reference of staff members and set the salaries of the staff according to the procedure for remunerating public servants and within the limits of the established salary fund; 9.
  23. appoint and dismiss employees of the Authority, impose administrative discipline upon them or offer incentives; 9.
  24. sign resolutions passed by the Council; 9.
  25. issue orders or approve other legal acts and monitor the implementation thereof; 9.
  26. ensure compliance with the laws of the Republic of Lithuania, Government resolutions and other legal acts.
  27. At least once a year, by April 1, the Director shall submit to the Government of the Republic of Lithuania a written report on the activities of the Authority. At the Prime Minister’s request, the Director of the Authority shall report orally.
  28. The Director of the Authority shall have not more than 2 deputies. In the absence of the Director, his/her functions shall be discharged by a deputy director.
  29. In order to deal with specific issues referred to in the present Regulations, a Council shall be set up which shall be a collegial body of the Authority. The composition and competence of the Council, the procedure of holding its meetings and adopting decisions, the rights and responsibilities of members of the Council shall be prescribed by the Regulations of the Council of the Communications Regulatory Authority, approved by the Government of the Republic of Lithuania.
  30. The Authority shall be comprised of departments, sections and other subdivisions. The departments of the Authority shall be headed by directors, its sections – by heads (chiefs) thereof, other subdivisions – by heads (hereinafter referred to as the “heads”). Department directors and section heads may have their deputies.
  31. Heads of subdivisions of the Authority shall report to the Director of the Authority.
  32. Controlling functions of the Authority shall be performed by inspectors of the Authority, appointed and dismissed by its Director.
  33. Inspectors of the Authority shall monitor compliance with legal acts regulating the use of telecommunications networks and radiocommunications, compliance with licence terms and conditions, licensable and non-licensable telecommunications services, verify certificates of equipment, devices and terminal equipment, inspect equipment and devices, check permits and authorisations for their manufacture, sale and use, draw up reports on administrative violations, seize equipment and devices in cases specified in the laws.
  34. In performing their official duties, inspectors of the Authority shall have access to the premises of enterprises, establishments and organisations that own or use equipment and devices in order to conduct on-site inspection of equipment or devices in accordance with the established procedure as well as to receive information and documents necessary for such inspection. V. FINANCING OF THE AUTHORITY
  35. The Authority shall be financed from the budget of the Republic of Lithuania and the fees received from the providers and users of telecommunications services for rendering the following services: 18.
  36. examination of applications for a licence (authorisation) to engage in telecommunications activity (allocation of resources or manufacture, sale and import of radioelectronic equipment from abroad); 18.
  37. registration of telecommunications equipment; 18.
  38. monitoring of compliance with the terms and conditions of licences and authorisations for telecommunications activities; 18.
  39. supervision (monitoring) of the use of resources; 18.
  40. equipment testing and type approval; 18.
  41. other work performed by the Authority and services rendered.
  42. Telecommunications service providers and users shall pay for services rendered and work performed according to the tariffs and in the manner established by the Council to the settlement account of the Authority.
  43. The funds indicated in point 18 of the present Regulations may be used for the needs of the Authority in the manner established by the Council of the Communications Regulatory Authority (for conducting scientific research, training and upgrading specialists, remunerating hired consultants, experts and specialists, purchasing equipment, covering energy costs, paying for communications services, settling heating, water and utility bills, paying staff salaries as well as for other purposes envisaged in the estimate of expenditures). Government Resolution No. 579 of 28 July 1993 on the non-budgetary funds of institutions and organisations financed from the budget of the Republic of Lithuania (Valstybės Žinios, 1993, No. 34–784) shall not apply. VI. REORGANISATION AND LIQUIDATION OF THE AUTHORITY
  44. The Authority may be liquidated or reorganised as prescribed by the laws. –––––––––––––––––––––– Approved by Resolution No. 798 of 10 July 2000 of the Government of the Republic of Lithuania REGULATIONS OF THE COUNCIL OF THE COMMUNICATIONS REGULATORY AUTHORITY I. GENERAL PROVISIONS
  45. The Council of the Communications Regulatory Authority (hereinafter referred to as the “Council”) shall be a collegial body of the Communications Regulatory Authority (hereinafter referred to as the “Authority”) dealing with telecommunications regulatory issues set out in the present Regulations.
  46. The activities of the Council shall be governed by the Constitution of the Republic of Lithuania, laws and other legal acts passed by the Seimas of the Republic of Lithuania, international agreements of the Republic of Lithuania, presidential decrees, Government resolutions, decisions of the Prime Minister, and the present Regulations.
  47. The Council shall be comprised of 5 members (one of them shall be a representative of the Ministry of National Defence) appointed for a term of 5 years and dismissed by the President of the Republic on the recommendation of the Prime Minister. The number of terms of office served by members of the Council shall not be limited.
  48. Public servants may serve as Council members. The work of members of the Council shall not be remunerated.
  49. The Director of the Authority shall be the chairperson of the Council. The chairperson of the Council shall appoint one member of the Council as his/her deputy who in the absence of the chairperson shall perform his/her duties, except for cases where the present Regulations provide otherwise. II. FUNCTIONS OF THE COUNCIL
  50. The Council shall: 6.
  51. prepare the procedure for issuing authorisations to engage in non-licensable telecommunications activities; 6.
  52. envisage the maximum level of telecommunications service charges and tariffs in cases specified in the Law on Telecommunications of the Republic of Lithuania; 6.
  53. approve the procedure for settling disputes between telecommunications operators related to the interconnection of telecommunications networks; 6.
  54. examine plans for the development of radiocommunications and drafts of regulatory enactments concerning radiocommunications; 6.
  55. draw up regulations for providing telecommunications services; 6.
  56. draw up a model agreement between telecommunications service providers and users; 6.
  57. approve, following co-ordination with the Ministry of Finance, the tariffs of payment for services rendered and work performed by the Authority, the procedure of payment and the use of payments received; 6.
  58. approve the estimate of income and loss related to the payments received for services rendered and work performed by the Authority; 6.
  59. at least once a year hear out the report of the Director of the Authority on its activities; 6.
  60. perform other functions set out by the laws and other legal acts of the Republic of Lithuania;
  61. The rules of procedure of the Council shall be approved by its chairperson. III. RIGHTS, DUTIES AND RESPONSIBILITIES OF MEMBERS OF THE COUNCIL
  62. Members of the Council shall be entitled to: 8.
  63. have prior access to any issue to be discussed at a meeting of the Council, receive all information and documents necessary to adopt decisions, and explanatory statements by members of the administration; 8.
  64. express a separate opinion on any issue under consideration and request that it be recorded in the minutes; 8.
  65. propose that necessary persons be invited to a meeting; 8.
  66. present agenda proposals; 8.
  67. speak out on all issues under consideration; 8.
  68. present proposals to the person presiding over the meeting on the procedure of conducting it; 8.
  69. speak out on reasons for voting and vote.
  70. Members of the Council shall attend its meetings and carry out directions of the Council concerning its activities.
  71. If a member of the Council does not perform his/her duties, the chairperson of the Council shall report to the head of the institution where the said member is employed.
  72. A member of the Council shall be dismissed before the expiry of his/her term of office for one of the following reasons: 11.
  73. he/she leaves public service; 11.
  74. he/she commits an offence or a gross violation of professional ethics.
  75. A member of the Council may be dismissed before the expiry of his/her term of office for one of the following reasons: 12.
  76. at the request of the head of a state institution where he/she is employed; 12.
  77. where he/she fails to perform his/her functions.
  78. Members of the Council shall be dismissed by the President of the Republic. The dismissal of a member of the Council for any of the reasons listed in points 11 and 12 of the present Regulations shall be initiated by the chairperson of the Council who shall submit an appropriate request to the Prime Minister. Upon the receipt of the said request, the Prime Minister shall submit a proposal on the dismissal to the President of the Republic. The President of the Republic may also dismiss a member of the Council at his/her own discretion for any reason other than indicated in the present Regulations. –––––––––––––––––––––-

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