Translation from Lithuanian

Translation from Lithuanian Translation from Lithuanian GOVERNMENT OF THE REPUBLIC OF LITHUANIA R E S O L U T I O N No. 1400 On the Approval of Licensing Regulations for Post and Telecommunications Operations Vilnius, 31 October 1995 In accordance with the Law on Enterprises of the Republic of Lithuania the Government of the Republic of Lithuania r e s o l v e s :

1. To approve Regulations on licensing post and telecommunications operations (attached).
2. To instruct the Ministry of Communications and Informatics : 2.
3. to issue the following licences : 2.1.
4. to provide switched telephone, telegraph, telex communications and data transmission services using public telecommunications network infrastructure; 2.1.
5. to install and operate equipment transmitting electromagnetic waves; 2.1.
6. to operate communications networks of national importance and provide for the functioning of the network infrastructure; 2.1.
7. to collect and dispatch letters, postcards and printed matters (in envelopes); 2.1.
8. to provide services of money transfer by post and post giro services; 2.1.
9. to issue telecommunications licences for all enterprises which have been operating under licence and providing post and telecommunications services until the enforcement of the present law. Telecommunications licences for enterprises operating under temporal permissions issued by the Ministry of Communications and Informatics according to the Resolution No. 670 of the Government of the Republic of Lithuania “On the Approval of Licensing Regulations for Telecommunications Operations” of 12 May 1995 (Records., 1995, No. 41-1012, No. 66-1635) shall be issued by 1 July
11. To certify Resolution No. 670 of the Government of the Republic of Lithuania “On the Approval of Licensing Regulations for Telecommunications Operations” of 12 May 1995 (Records., 1995, No. 41-1012, No. 66-1635) as no longer in effect. Prime Minister Adolfas Ðleþevièius Minister of Communications and Gintautas Þintelis Informatics APPROVED by Resolution No. 1400 of 31 October 1995 of the Government of the Republic of Lithuania Licensing Regulations forPost and Telecommunications Operations General Provisions
12. The terms used: 1.
13. “telecommunications network” - telephone, telegraph, telex, data transmission, radio, television and other equipment and networks providing for the electromagnetic transmission and reception of signals (sign, sound and image) between user - network interfaces; 1.
14. “public telecommunications network” - telecommunications network providing communication services for all users (economical entities and natural persons); 1.
15. “closed telecommunications network” - telecommunications network providing communication services only for the owner or his/her authorised agent; 1.
16. “mobile radio communications network” - telecommunications network providing transmission and reception of message between mobile end-users or mobile and stationery end-users, i.e. radio search system, cellular (GSM, NMT and other systems) mobile communications system, etc.; 1.
17. “provision of telecommunications network services” - telecommunications services provided to end-users by telecommunications network owner or his/her authorised agent using network infrastructure; 1.
18. “switched network service” - a type of service which provides on-demand switching (establishment of a communication path of temporary duration (according to the duration of a message transmission) in response to a user request); 1.
19. “operation of telecommunications network infrastructure” - operation of network infrastructure by the owner or his/her authorised agent providing efficient functioning of and access to the network; 1.
20. “communications network of national importance” - international and national communication networks; 1.
21. “broadcasting of radio and television programmes” - transmission of radio or television programmes intended for direct reception by the equipment of subscribers; 1.
22. “programme” - total programmes broadcast by one radio or television station; 1.
23. “cable television network” - telecommunications network intended for transmission to subscribers of television programmes received from other sources and/or of their own production using cable distribution networks or electromagnetic waves and cable distribution networks; 1.
24. “licence” - a document issued by the Ministry of Communication and Informatics, giving official permission to its owner to engage in activities specified in the document in a certain territory for a certain period of time, and regulating the conditions of the activities; 1.
25. “end-user” - an economic entity or natural person who regularly receives a post and/or telecommunications service under contract signed with the provider of the service; 1.
26. “post-office” - an enterprise (a subdivision of an enterprise) providing post services on its premises and the territory it serves and transporting (transmitting) mail items to respective enterprises in the home country and abroad; 1.
27. “post services” - regular reception or collection, transportation and delivery of letters, postcards, printed matters, small packets and parcels, reception and payment of money transfers, provision of giro post bank services; 1.
28. “giro post bank services” - non-cash settlements between customers through post, transfer of funds within a post-office directly from the account of one customer into that of another; 1.
29. “mail item” - a letter, postcard, printed matter or parcel; 1.
30. “postcard” - a card for sending a message by post without an envelope; 1.
31. “letter” - an envelope or other folder including written messages or other papers with attached postage stamps or other indication that the postage has been paid; 1.
32. “printed matter”- an addressed mail item containing printed matter (books, magazines, newspapers, catalogues), reproductions produced using various printing techniques, originals and photocopies of art, scientific works, literature and musical compositions; 1.
33. “parcel” - an addressed mail item not categorised as a letter or printed matter and containing various things. Post and Telecommunications Operations Regulated by Licensing
34. Licences for post and telecommunications operations shall be processed and issued by the Ministry of Communications and Informatics.
35. Only enterprises registered in the Republic of Lithuania and holding a licence issued by the Ministry of Communications and Informatics shall be given permission: 3.
36. to provide switched international, national and local telephone services; 3.
37. to provide switched international telephone network transmission service; 3.
38. to provide switched international, national and local telegraph services; 3.
39. to provide switched data transmission services, using appropriate equipment and lines; 3.
40. to install and operate the following equipment emitting radiomagnetic waves: 3.5.
41. wire radio and cable television networks intended for serving other economic entities and natural persons (as opposed to the owner of the network) and operating on the territory of more than 1000 inhabitants; 3.5.
42. public mobile radio networks; 3.5.
43. radio and television transmitters broadcasting mass media programmes produced by other economic entities or natural persons (as opposed to the owner of the transmitter); 3.
44. to install satellite network transmission equipment; 3.
45. to operate stationary satellite network transmission equipment connected to public telecommunications networks; 3.
46. to operate communications networks of national importance and provide for the functioning of network infrastructure (for joint stock companies and close stock companies where the state owns less than 50 percent of voting shares, also for other types of companies where the state owns less than 50 percent of ownership (main) capital); 3.
47. to collect and deliver letters, postcards and printed matters (in envelopes) (only for the state enterprise “Lietuvos Paðtas”); 3.
48. to receive and pay money transfers by post, to provide giro post bank services (only for the state enterprise “Lietuvos Paðtas”).
49. The conditions and number of licences shall be regulated by the Ministry of Communications and Informatics. Application for Licences
50. Applications for licences (further - applications) shall be submitted to the Ministry of Communications and Informatics. The application shall be written in Lithuanian, it shall consist of an application and other documents attached.
51. The following data should be given in the application: 6.
52. the name, code and address (legal and post) of the applying enterprise, bank requisites, the amount of state owned shares or ownership (main) capital owned by the state, information about the authorised representative of the enterprise, date of application; 6.
53. the type and scope of telecommunications and post operations for which the licence is required (size of territory, capability, provisional characteristics of equipment); 6.
54. number of radio channels and the range of frequencies, number of lines connected to the public telecommunications networks required for telecommunications operations; the necessity to rent other equipment of public telecommunications networks; 6.
55. provisional start of post and telecommunications operations.
56. The application shall be appended with the following documents: 7.
57. official copies of the registration card and the regulations (if any) of an enterprise (in case of the foundation of an enterprise foundation documents of the respective enterprise should be submitted); 7.
58. balance sheets of the previous financial year and last reporting period; 7.
59. the tax inspection certificate on the taxes paid and income declaration (in case of personal enterprises); 7.
60. the description of the service provided (the procedure of the provision of the service, quantitative and qualitative parameters, tariff principles and other obligations which apply between the provider of a service and a client); 7.
61. the business plan; 7.
62. a copy of a document indicating that an application fee has been paid; 7.
63. a map of the city (location) with marked boundaries of the territory covered by the network. In case of queries the Ministry of Communications and Informatics may demand to submit additional documents before issuing licences.
64. In case the documents specified in paragraph No. 7 are not submitted or if the documents do not satisfy the requirements the application shall not be considered. Consideration of Applications and Licensing
65. The consideration of applications shall be organised by the Ministry of Communications and Informatics.
66. In case the licences are issued not by tender the applying enterprises shall pay for the consideration of the applications, the appraisal and the development of the licence project according to the tariffs approved by the Ministry of Communications and Informatics and co-ordinated with the State Agency on Competition and Protection of Consumer Rights under the Government of the Republic of Lithuania.
67. The Ministry of Communications and Informatics shall consider the application within 30 days and shall inform the applicant about the decision in written form. For issuing telecommunications licences the Government of the Republic of Lithuania has the right to postpone the deadlines for the consideration of applications and the issue of licences.
68. Licences shall not be issued if: 12.
69. telecommunications operations: 12.1.
70. are prohibited or limited by the laws of the Republic of Lithuania; 12.1.
71. poise threat for the national security of the Republic of Lithuania, violate international agreements signed by the state or harm its political, social and economic interests; 12.1.
72. violate the conditions specified in the licences issued earlier or disturb efficient operation and/or development of the public telecommunications network; 12.1.
73. poise threat for the lives or health of the people; 12.
74. the state supervising agencies make comments and claims on the activities of the enterprises.
75. In case of a positive decision the applicant shall pay the stamp tax within 30 days and shall submit a remittance with bank stamps or confirmation receipt on the stamp tax paid; the applicant shall also submit other documents required for the development of the licence conditions. The licence is processed and issued in accordance with the laws of the Republic of Lithuania and the international agreements signed by the Government.
76. Licences shall be issued and registered in the licence registration book. The following information shall be specified: 14.
77. the licence number; 14.
78. the properties of the licence holder (the name, code and address of the enterprise); 14.
79. post and telecommunications operations permitted in the licence; 14.
80. the date of issue; 14.
81. the period of the validity of the licence; 14.
82. the expiry date of the licence.
83. The control copy of the licence signed by a representative of the Ministry of Communications and Informatics and an authorised agent of the licence holder shall be kept at the Ministry of Communications and Informatics.
84. The issue or cancellation of licences shall be announced in “State Records”. In the announcement the following data shall be specified: 16.
85. the name, code and address of the enterprise; 16.
86. the activities permitted in the licence; 16.
87. the licence number; 16.
88. the date of issue.
89. The Ministry of Communications and Informatics shall provide information for enterprises and other economic entities and natural persons about the validity of licences of particular enterprises.
90. The decision of the Ministry of Communications and Informatics to grant or deny a licence can be appealed against in accordance with the procedures of the laws of the Republic of Lithuania. Issue of Licences by Tender
91. The following licences shall be issued by tender: 19.
92. to provide switched international telephone and telegraph network services; 19.
93. to provide switched telephone, telegraph network and data transmission services using public telecommunications networks covering 25 and more percent of the national territory or cities (or parts of cities) with 50 thousand and more inhabitants; 19.
94. to install and operate radio mobile communications systems covering a half and more of the national territory; 19.
95. to install and operate wire radio and cable television networks covering 25 and more percent of the national territory or cities (or parts of cities) with 50 thousand and more inhabitants. In all other cases licences shall be issued under the order of the Minister of Communications and Informatics.
96. The Ministry of Communications and Informatics shall establish the number and conditions of licences issued by tender according to the following criteria: 20.
97. the forecast of the development of activities in a specific region according to the programme of the strategic development of communications and informatics; 20.
98. the development of competition in the market of telecommunications services; 20.
99. the provision of the security of national telecommunications system in case of an emergency situation or war.
100. The Ministry of Communications and Informatics shall form a bidding supervision and appraisal committee which shall organise and carry out the licence tender.
101. The conditions of the tender and the application fee shall be approved by the Ministry of Communications and Informatics. The collected registration fees shall be used to cover the organisation costs as well as expenses related to the consideration of applications and the processing of licences.
102. The Ministry of Communications and Informatics shall announce about the licence tender twice in the two biggest Lithuanian or Lithuanian and local (in case of tender for a local network) daily newspapers. The announcements about the tender shall also be sent to potential bidders and ministries of the Republic of Lithuania as well as foreign telecommunications enterprises interested in the respective telecommunications operations.
103. The participants of a competition shall submit applications in sealed envelopes with the name and address of the enterprise and the specified information about the type of telecommunications operations and the territory covered by the network for which the licence is required.
104. The enterprises registered for the tender shall not transfer their rights of bidders to third parties.
105. The decision for the issue of licences shall be made according to the following criteria: 26.
106. expertise of the applicant (previous participation in similar projects); 26.
107. qualifications of the telecommunications network service, the implementation deadline and the development of the operations; 26.
108. tariff principles of the services provided; 26.
109. advantages of the network infrastructure of the project; 26.
110. the financial capability of an applicant and potential financing sources; 26.
111. number of created new jobs. Conditions of Licences
112. One enterprise can be granted several licences to engage in various types of post and telecommunications operations or one general licence to engage in several types of activities.
113. The licence shall specify: 28.
114. the licence issuing institution; 28.
115. the licence number; 28.
116. the properties of the licence holder (name, code and address of the enterprise); 28.
117. the activities permitted; 28.
118. the issuing authority; 28.
119. the date of issue; 28.
120. the period of the validity of the licence and the procedures of licence extension; 28.
121. the start of the activities permitted and the business plan (only for telecommunications licences); 28.
122. the amount of the stamp tax paid; 28.
123. the scope of the activities permitted (the size of the territory covered, the number of end-users); 28.
124. technical requirements for network infrastructure (only for telecommunications licences); 28.
125. permissions and other regulating documents required for the activities permitted; 28.
126. tariff principles for the services provided; 28.
127. quality requirements for the services provided; 28.
128. competition requirements; 28.
129. supervision of the satisfaction of licence conditions; 28.
130. certification procedures of the equipment (only for telecommunications licences); 28.
131. activities under special conditions (in case of an emergency situation or war); 28.
132. procedures of the alteration of licence conditions; 28.
133. procedures of the licence cancellation; 28.
134. other necessary conditions and requirements.
135. Licence holders shall not transfer the rights granted by the licence to other enterprises or agents of other enterprises. Validity of Licences
136. Licences shall be issued for no longer than 10 years. Upon the expiry of the validity a licence can be extended under the same or different conditions agreed upon by the Ministry of Communications and Informatics and the holder of the licence if the holder submits a request for the extension of the licence more than 15 months before the expiry date of the licence. The stamp tax for the extension of the licences shall be equivalent to the stamp tax for the issue of licences.
137. The Ministry of Communications and Informatics shall inform the holder of the licence about the decision to extend the licence no less than a year before the expiry date of the licence.
138. Licences shall not be extended if: 32.
139. new international obligations are approved which alter the technical conditions of the telecommunications operations specified in the licence; 32.
140. the conditions of the licence specified in paragraphs No. 28.10 to 28.21 are constantly violated; 32.
141. the stamp tax for the extension of the licence is not paid by the expiry date of the licence. Licence Taxes
142. The stamp tax shall be collected for the issue of a licence according to the established procedure of the Stamp Tax Law of the Republic of Lithuania and the resolutions of the Republic of Lithuania. Supervision and Satisfaction of Licence Conditions
143. An institution authorised by the Ministry of Communications and Informatics shall supervise the satisfaction of licence conditions.
144. A licence shall specify the procedures of the supervision of the satisfaction of licence conditions; the licence holder shall pay for the supervision according to the tariffs approved by the Ministry of Communications and Informatics and co-ordinated with the State Agency on Competition and Protection of Consumer Rights under the Government of the Republic of Lithuania. Cancellation of Licences
145. A licence can be cancelled upon the order of the Minister of Communications and Informatics if the licence holder violates the licence conditions (except for the cases specified in paragraph No. 37) and neglects the violations of the licence conditions indicated in written form by an institution authorised by the Ministry of Communications and Informatics.
146. Licences shall be cancelled if: 37.
147. the licence holder refuses to use the licence; 37.
148. the licence holder transfers the rights granted by the licence to other enterprises or their agents; 37.
149. the activities of the enterprise are terminated; 37.
150. the licence holder becomes bankrupt.
151. The Ministry of Communications and Informatics shall inform the licence holder about its decision to cancel the licence within 3 days and shall indicate the specific reasons and the deadline for the cancellation of the licence.
152. The cancelled licences shall be delivered to the Ministry of Communications and Informatics within 10 days after the notice has been received.
153. The decision to cancel a licence can be appealed against according to the procedures specified in the laws of the Republic of Lithuania. _________________________