2.The Government shall set price caps for universal service and the rules for the provision of universal service regulating its scope, quality of service requirements, the procedure and conditions for providing such service, the procedure, conditions and cases for imposition of universal service obligations on providers of electronic communications services as well as the procedure, conditions and cases for compensation of losses incurred in connection with the provision of services. The Government may request the Communications Regulatory Authority to establish universal service quality requirements and the rules for publishing information on the quality of services, also to adopt legal acts implementing the rules for provision of universal service. The universal service obligations may also be related to having significant market power on the relevant market.
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3.The Government shall have the right to impose obligations on undertakings not designated to provide universal service that are necessary for the provision of universal service in an appropriate manner, including the obligation to provide directory enquiry services on terms which are fair, objective, cost oriented and non-discriminatory and the obligation to make such services available.
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4.When verifying if an undertaking with universal service obligations fulfils such obligations, the Communications Regulatory Authority shall have the right to order independent audits and/or similar reviews of the performance data, paid for by the undertaking concerned, in order to ensure the accuracy and comparability of the data. Such independent audits and/or similar reviews, paid for by the undertaking concerned, may be ordered not more often than once per calendar year, except for the cases where there is reasonable suspicion that the undertaking acts in violation of legal acts or where the undertaking seeks compensation for losses incurred in connection with the provision of services. An auditor or an audit firm shall be selected by tender. Tender conditions and procedure shall be established by the Communications Regulatory Authority.
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5.The losses incurred in connection with the provision of services referred to in paragraph 1 above shall be compensated by providers of electronic communications services engaged in the provision of these services in accordance with the procedure and conditions set forth by the Government. The Government shall have the right to establish other sources for compensating the losses incurred in connection with universal service. The Government may authorise the Communications Regulatory Authority to establish the rules for the calculation of losses, impose a compensation mechanism, and determine the amount of losses in specific cases. The Communications Regulatory Authority shall have the right to review the accounts of an undertaking as well as other information used for the calculation of the amount of losses and to request the undertaking to submit an audit opinion. The results of the loss calculation and the conclusions of the review carried out by the Communications Regulatory Authority and/or the audit opinion shall be made publicly available. Where losses are compensated by providers of electronic communications services, the Communications Regulatory Authority shall inform the European Commission about the loss compensation mechanism.
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6.The Government shall have the right to establish additional universal service, the procedure and conditions for providing such service, quality of service requirements, and the procedure, conditions and cases for imposition of additional service obligations on providers of electronic communications services. The Government may not establish that the losses incurred in connection with the provision of additional universal service are compensated from the funds of providers of electronic communications services.
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7.The Communications Regulatory Authority shall notify to the European Commission of the undertakings with universal service obligations and any changes in such information.
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Article 32Obligations Related to the Provision of Services to End Users
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1.The Communications Regulatory Authority, having decided that the obligations that may be imposed under Articles 18, 19, 20, 21, 22 and 23 of this Law and the obligations the fulfilment of which is mandatory, where applicable, under Article 33 of this Law are not sufficient in respect of an undertaking having significant market power on the relevant market, shall impose obligations that are appropriate, based on the nature of the problem identified, proportionate and justified in the light of the objectives to be achieved, including requirements that the undertaking does not charge excessive prices, inhibit market entry or restrict competition by setting predatory prices, show undue preference to specific end-users or unreasonably bundle services, also obligations to ensure the quality of service established by the Communications Regulatory Authority. In order to protect the end-user interests and promote effective competition, the Communications Regulatory Authority shall have the right to establish price caps, apply measures to control individual tariffs and impose obligations to orient tariffs towards costs or prices on comparable markets. Where an obligation is imposed on an undertaking to orient tariffs towards costs, provisions of paragraph 3 of Article 23 of this Law shall apply mutatis mutandis.
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2.The Communications Regulatory Authority shall ensure that, where tariff regulation or other relevant obligations are imposed on an undertaking, the undertaking keeps its cost accounts in accordance with the rules established by the Communications Regulatory Authority. Such an undertaking shall within the time limit established by the Communications Regulatory Authority prepare a cost accounting system, publish its description and submit it to the Communications Regulatory Authority, and comply with the cost accounting system. The cost accounting system must be in conformity with the cost accounting rules established by the Communications Regulatory Authority. The Communications Regulatory Authority shall have the right to establish a cost accounting system and the format and accounting methodology to be used by undertakings or a specific undertaking having significant market power on the relevant market.
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The Communications Regulatory Authority shall publish the accounting system in the supplement Informaciniai pranešimai to the official gazette Valstybės žinios. Compliance of an undertaking’s cost accounting with the cost accounting rules and other legal acts as well as with the cost accounting system and/or accounting methodology and/or format prepared by the undertaking and/or established by the Communications Regulatory Authority shall be verified by an audit. The audit opinion shall be published annually in accordance with the rules established by the Communications Regulatory Authority.
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Article 33Selection of Provider of Publicly Available Telephone Services
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1.Undertakings having significant market power for the provision of connection to and use of the public telephone network at a fixed location shall, in accordance with the procedure and conditions set forth by the Communications Regulatory Authority, to enable on their own account their subscribers to access the services of any provider of publicly available telephone services. Access prices related to the enforcement of such rights shall be cost-oriented. For this purpose, the rules set out in Article 23 of this Law shall apply. Tariffs imposed on subscribers for the exercise of such rights may not act as a disincentive for the use of such a possibility. For this purpose, the Communications Regulatory Authority may fix a tariff ceiling.
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2.The obligation referred to in paragraph 1 above may be imposed by the Communications Regulatory Authority on any undertaking having significant market power on the relevant market as well as in relation to the imposition of the obligation referred to in subparagraph 4 of paragraph 1 of Article 17 of this Law.
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Article 34Duties and Rights of Electronic Communications Service Providers and End Users
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1.A contract on the provision of electronic communications services shall be a public contract. Services shall be provided and a contract on the provision of electronic communications services shall be concluded in accordance with the rules for provision of electronic communications services approved by the Communications Regulatory Authority.
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2.Providers of publicly available electronic communications services shall make publicly available transparent information on applicable prices and tariffs, on standard terms and conditions of service provision, and on quality of service. The prices and tariffs for end users must be specified clearly and accurately. The information referred to in this paragraph shall be submitted to the Communications Regulatory Authority. The Communications Regulatory Authority shall establish the rules for the publication of information and its submission the Communications Regulatory Authority, including the scope and content of information, the time limit, form and method of its publication and/or submission, and quality assessment rules.
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3.When providing a user with telephone apparatus free of charge or when offering the apparatus at a lower price than its cost price, the provider of publicly available electronic communications services must indicate in the contract on the provision of electronic communications services the difference in its selling price with and without a service provision contract as well as the period of time and manner in which this difference will be compensated.
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4.The provider of electronic communications services shall examine all of the received applications, proposals and complaints concerning electronic communications services provided or intended to be provided by it and issue a reply within one month from the receipt thereof.
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5.The provider of electronic communications services shall inform the subscriber free of charge about the services provided and about tariffs and prices if the subscriber so requests.
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6.Providers of publicly available telephone services providing end users with access to the public telephone network shall ensure the provision of emergency call services to end users. The Communications Regulatory Authority shall establish the rules for the provision of emergency call services by the service provider.
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7.Undertakings providing electronic communications networks and/or services shall not provide third parties, at the request of subscribers, with information about the number, location and ownership of terminal equipment, except for the cases established by a decision of the Communications Regulatory Authority for the purpose of performing its tasks and to public order maintenance bodies identified by a decision of the Communications Regulatory Authority for the purpose of performing their tasks as well as in other cases established by the law.
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8.All providers of public communications networks and/or publicly available electronic communications services shall ensure, in accordance with the procedure and conditions set forth by the Communications Regulatory Authority, that their subscribers and/or users are able to call the emergency services free of charge.
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9.Providers of public communications networks and/or publicly available electronic communications services shall ensure, on their own account and in accordance with the procedure and conditions set forth by the Communications Regulatory Authority, that subscribers can retain their numbers where there is a change of telephone service provider or the location of service provision or the way of provision of services. Access prices related to the enforcement of such rights shall be cost oriented. For this purpose, the Communications Regulatory Authority shall have the right to apply the rules set out in Article 23 to all undertakings bound by this paragraph. Tariffs imposed on subscribers for the exercise of such rights in the cases permitted by the Communications Regulatory Authority and according to the conditions set forth by it may not act as a disincentive for the use of such a possibility. For this purpose, the Communications Regulatory Authority may fix a tariff ceiling.
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10.Providers of public telephone communications shall give subscribers who so request a possibility to choose a payment plan where charges for publicly available telephone services are imposed on the basis of calculation with the accuracy of a second, except for the cases where the provider of public telephone communications uses data rates as a basis for charging data communications.
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11.Undertakings providing electronic communications networks and/or services shall submit to the Communications Regulatory Authority information about the nature of technical data on electronic communications recorded and stored and the duration of such storage.
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12.Undertakings providing electronic communications networks and/or services shall provide institutions authorised by the Government with a possibility to exercise control over the protection of privacy of electronic communications service users (secrecy of the content of information transmitted by electronic communications networks). Institutions authorised by the Government shall exercise the aforementioned control within the scope of their competence in accordance with the procedure established by the Government.
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13.Undertakings providing electronic communications networks and/or services shall designate persons to work with notices by operational investigation services on the use, in accordance with special procedure, of technical measures in their networks or to respond to enquiries by operational investigation services, pre-trial investigation institutions, prosecutors, courts or judges. Such persons must have security clearance and must be authorised to work with or have access to classified information in accordance with the procedure established by the Government.
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Article 35Provision of Leased Lines
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1.An undertaking having significant market power on the relevant leased line market must provide a set of leased lines as established by the Communications Regulatory Authority and comply with the procedure and conditions for providing such services set out in the rules approved by the Communications Regulatory Authority, also fulfil the obligations related to non-discrimination, cost-oriented prices including the introduction and use of a cost accounting system, transparency and creation of conditions for the provision of services.
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2.An undertaking having significant market power on the relevant leased line market shall provide leased line services at prices that are derived from costs including a reasonable rate of return on investment. For this purpose, the Communications Regulatory Authority may establish price caps for the leased line services. Paragraph 3 and 4 of Article 23 of this Law shall apply mutatis mutandis to the cost-orientation of prices and cost accounting.
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Article 36Settlement of Disputes Based on End User Complaints
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1.In the event of a dispute arising between the provider of electronic communications services and the end user, the end user shall have the right to apply to the Communications Regulatory Authority for resolving the dispute through a preliminary out-of-court procedure. The end user may also apply directly to court.
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2.Paragraphs 6, 7, 8, 9, 11, 12, 13, 15, 16, 17, 19 and 20 of Article 28 of this Law shall apply mutatis mutandis to the settlement of disputes based on complaints by end users.
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3.Should an end user apply to the Communications Regulatory Authority without first applying to the provider of electronic communications services, the Communications Regulatory Authority shall take measures to reconcile the parties. The Communications Regulatory Authority shall not consider a dispute if the provider of electronic communications services proposes, within a time limit set by the Communications Regulatory Authority, an amicable settlement of the dispute and the end user accepts the proposal or does not reject it within a time limit set by the Communications Regulatory Authority.
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4.A decision issued by the Communications Regulatory Authority regarding the dispute may be appealed against to a court of general jurisdiction within 30 days from the date of its adoption.
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5.The Communications Regulatory Authority shall establish the rules for the settlement of disputes based on complaints submitted by end users. The rules shall set out the requirements in respect of the form, content and filing of such applications, the submission and collection of evidence, and detailed reconciliation and dispute settlement procedures.
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6.The rules for the settlement of disputes by the Communications Regulatory Authority based on complaints by end users may provide that disputes shall be considered and decisions taken by an official appointed by or a commission set up by the director of the Communications Regulatory Authority. In this case, the rules for the settlement of disputes between end users by the Communications Regulatory Authority may provide that a decision by such an official or commission shall come into effect only subject to its approval by the director of the Communications Regulatory Authority.
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CHAPTER SIX CONSTRUCTION, MAINTENANCE AND PROTECTION OF ELECTRONIC COMMUNICATIONS NETWORKS
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Article 37Basis for the Installation of Electronic Communications Infrastructure
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1.Providers of electronic communications networks shall have the right to install electronic communications infrastructure in the land owned by them by ownership right or for which a servitude has been established or where the providers have the right to use it on some other basis without changing the purpose of land.
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2.Electronic communications infrastructure removal works performed when building or reconstructing buildings, bridges and other structures shall be carried out by the customers on their own account according to the technical specifications provided by the owners of electronic communications infrastructure and after having coordinated such work with the abovementioned owners, unless the customers and the owners do not agree otherwise.
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3.Persons engaged in the construction of electronic communications networks shall, subject to the procedure, conditions and cases set out in the rules for installing, maintaining and protecting electronic communications infrastructure, make public information about the start of construction works and about the possibility for other persons to participate in construction sharing. The Communications Regulatory Authority, after having consulted the interested parties subject to the procedure, terms and conditions set out in the rules referred to in paragraph 4 of Article 11 of this Law, may request the person constructing electronic communications networks, to offer an appropriate possibility for other persons to participate in construction sharing.
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4.The installation, protection, sharing and maintenance of electronic communications infrastructure shall be regulated by the Law on Territorial Planning, the Law on Construction, the Law on Protected Territories, the Law on Environmental Impact Assessment of Planned Economic Activity, the Law on Roads, the rules for the installation and use of electronic communications networks approved by the Communications Regulatory Authority, and other legal acts.
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Article 38Installation, Protection, Sharing and Maintenance of Electronic Communications Infrastructure in Road Systems
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1.After having coordinated their actions with state or municipal institutions, persons may use the lanes of state and municipal roads, squares, pipelines, water bodies and their shores, bridges, viaducts, tunnels and other structures for the construction of public communications networks free of charge.
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2.Upon the completion of installing, reconstructing or repairing electronic communications infrastructure, the person must put roads and/or related structures in order in accordance with the procedure established by legal acts.
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Article 39Sharing of Electronic Communications Infrastructure
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1.If a provider of public communications networks cannot realise the right to install the necessary electronic communications infrastructure or the costs of realisation of such a right are disproportionately high, the Communications Regulatory Authority may request that any provider of electronic communications networks or another person controlling the relevant infrastructure should permit, on non-discriminatory terms, the sharing of the existing electronic communications infrastructure as well as of other relevant pipelines, cable ducts, collectors, towers, masts, buildings and other facilities or installation of electronic communications infrastructure where this is cost efficient and does not require significant additional work. In this case, the Communications Regulatory Authority shall consult interested persons in accordance with the procedure, terms and conditions set out in the rules referred to in paragraph 4 of Article 11 of this Law.
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2.The procedure and conditions for usage of electronic communications infrastructure as well as other relevant pipelines, cable ducts, collectors, towers, masts, buildings and other facilities and for installing electronic communications infrastructure shall be stipulated in a contract. A person controlling the relevant infrastructure may not, in the cases established by this Law, refuse to conclude such a contract with a provider of public communications networks, request that it should be amended or terminated if contractual obligations are being fulfilled, even on the grounds that there are no documents providing evidence of legitimate control of the electronic communications infrastructure.
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3.By agreement between the parties, the user of infrastructure shall pay a proper fee to the person whose infrastructure is being used.
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4.The Communications Regulatory Authority shall establish the procedure and conditions for the sharing of electronic communications infrastructure in the rules for the installation and use of electronic communications infrastructure.
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Article 40Servitude to Install Electronic Communications Infrastructure
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1.Where a provider of public communications networks cannot realise the right to construct electronic communications networks neither through construction sharing nor through infrastructure sharing, nor by any other means provided for in this Law, also in case of failure of negotiations with the owners of property which could be used for the installation of infrastructure which constitutes part of a public communications network, such a provider of public communications networks may apply to court for the granting of the right, where such an opportunity exists and where this does not impose an undue burden to the owner, to use state, municipal or private property for the installation of electronic communications infrastructure by establishing a servitude on such property. The rights, conditions and procedures concerning servitude may be amended in objectively justified cases and in proportionate manner. Notice shall be given in an appropriate manner of the intention to make such amendments and interested parties, including users and consumers, shall be allowed a sufficient period of time to express their views on the proposed amendments, which shall be no less than 28 days except in exceptional circumstances. It shall be prohibited to restrict or revoke the servitude before expiry of the period, except where justified and where the holder of the servitude receives adequate compensation for such a restriction or revocation.
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2.State, municipal or private property shall be used at a reasonable price set by the court. If the property is owned by the State or municipality, relevant fees for the use of such property shall be paid to the state or municipal budget respectively in accordance with the procedure and conditions set out in legal acts.
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3.Information about the procedure and conditions concerning servitudes to be applied according to this Article and other legal acts as well as information about the servitudes to install electronic communications infrastructure shall be submitted to the Communications Regulatory Authority, which shall publish it in accordance with the procedure and conditions set forth by the Authority.
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Article 41Protection of Public Communications Networks
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1.The zone of protection of public communications networks shall comprise a strip of land along the wire lines of public communications networks and around electronic communications infrastructure objects including any plants and structures contained in it. It shall be prohibited n this zone to change the purpose of land, construct other buildings and structures, store equipment and materials, excavate, drill wells, conduct explosions and perform other works that may damage the electronic communications infrastructure without prior consent by the owners of electronic communications infrastructure.
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2.The dimensions and methods of delimitating protection zones as well as the procedure for carrying out works within such zones shall be established by the Government.
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3.Employees or other representatives acting under the authority of a person who operates an infrastructure of public communications networks shall have the right to the maintenance of electronic communications infrastructure according to the rules set forth by the Government.
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Article 42Connection to Electronic Communications Network
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Connection to electronic communications networks without the consent of an undertaking providing electronic communications networks and/or services shall be prohibited.
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CHAPTER SEVEN RADIO EQUIPMENT AND TELECOMMUNICATIONS TERMINAL EQUIPMENT. ELECTROMAGNETIC COMPATIBILITY
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Article 43Radio Equipment and Telecommunications Terminal Equipment
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The conditions and basic requirements for the connection of radio equipment and telecommunications terminal equipment, the obligations related to the provision of information on interface specifications and to the connection of radio equipment and telecommunications terminal equipment, the procedure and conditions for the placing on the market, selling and use of such equipment, the requirements for radio equipment and telecommunications terminal equipment, the procedure and conditions of conformity assessment, approval and monitoring as well as related requirements shall be laid down in the Technical Regulations of Radio Equipment and Telecommunications Terminal Equipment approved by the order of the director of the Communications Regulatory Authority.
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Article 44Electromagnetic Compatibility
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The conditions for applying electromagnetic compatibility requirements, the procedure and conditions for the placing on the market and use of equipment and devices, the requirements for equipment and devices, the requirements for their installation and use, the procedure and conditions of assessment, approval and monitoring of compliance with electromagnetic compatibility shall be laid down in the Technical Regulation on Electromagnetic Compatibility approved by the order of the director of the Communications Regulatory Authority.
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Article 45Use of Equipment and Devices
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1.The rules for the use of industrial, medical and scientific equipment and devices, i.e. equipment and devices the operation of which generates and consumes radio wave energy and which are intended for industrial, medical, scientific, domestic and similar purposes, except for purpose of electronic communications, shall be prepared and approved by the Communications Regulatory Authority.
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2.The owner and/or user of equipment and devices shall allow officials from the Communications Regulatory Authority to inspect equipment and/or devices, also to take it away.
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3.In the cases specified in Article 78 of this Law, the owner and/or user of equipment and/or devices shall carry out instructions issued by the Government or an institution authorised by it.
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Article 46Radio Monitoring
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1.The Communications Regulatory Authority shall control compliance with the requirements of the legal acts regulating radio communication and shall carry out radio monitoring. By means of radio monitoring, control and analysis shall be carried out to establish to what extent the range of radio frequencies is occupied by radiation of radio stations, whether the radiation spectrums and radio disturbance levels are in conformity with the requirements of legal acts.
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2.The protection of fixed radio monitoring stations by the Communications Regulatory Authority against strong electromagnetic fields generated by radio transmitters operating in their environment shall be implemented in accordance with the procedure and conditions set forth by the Communications Regulatory Authority.
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3.The information obtained during radio monitoring shall be used only in the activities of the Communications Regulatory Authority which are regulated by this Law.
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Article 47Elimination of Radio Interference
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1.Any radio interference must be eliminated by the owner or user of equipment and/or devices which causes such interference. If interference is produced in a radio receiver or reception device due to changes in (deterioration of) its technical parameters or improper use, the source of such interference (radio disturbances) must be eliminated by the owner or user of the receiver or device. If radio interference is caused to other legitimately operating equipment and/or device, the owner or user of the equipment and/or devices which produce it shall, on instruction from the Communications Regulatory Authority, eliminate its source (radio disturbances) or reduce its level. The procedure for eliminating or reducing radio interference, where radiation parameters of the equipment producing and receiving it conform to the requirements of legal acts, shall be established by the Communications Regulatory Authority.
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2.When conducting radio monitoring and investigation of (search for) radio interference, providers of electronic communications networks and/or services as well as other persons shall submit to the Communications Regulatory Authority relevant information and ensure unrestricted access to possible sources of radio interference.
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CHAPTER EIGHT MANAGEMENT OF ELECTRONIC COMMUNICATIONS RESOURCES
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Article 48Basis for the Management of Electronic Communications Resources
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1.The Communications Regulatory Authority shall, in accordance with the procedure and conditions set out in this Law, manage electronic communications resources. Radio frequencies (channels), telephone numbers and other electronic communications resources shall be managed according to the provisions of this Law.
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2.Radio frequencies (channels) shall be managed according to the National Radio Frequency Allocation Table, the Plan for Using Radio Frequencies (Channels) approved by the Communications Regulatory Authority in conformity with the National Radio Frequency Allocation Table, and radio communication development plans.
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3.Telephone numbers used in public electronic communications networks shall be managed according to the National Telephone Numbering Plan approved by the Communications Regulatory Authority. The Communications Regulatory Authority shall approve the procedure and conditions for implementing the National Telephone Numbering Plan.
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4.The Communications Regulatory Authority shall establish the rules for management of other electronic communications resources.
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5.State institutions shall promote the harmonisation of management and use of electronic communications across the European Community.
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Article 49Assignment and Use of Radio Frequencies (Channels) to Broadcasting and Transmission of Radio and Television Programmes
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1.Radio frequencies (channels) shall be assigned to broadcast and transmit radio and television programmes and shall be used according to the Strategic Plan approved by the Communications Regulatory Authority and the Radio and Television Commission of Lithuania. Radio frequencies (channels), which are designated in the Strategic Plan for analogue terrestrial radio and/or television, shall be assigned to broadcasters and/or re-broadcasters possessing a licence issued by the Radio and Television Commission of Lithuania granting the right to establish and operate their own electronic communications networks as well as to transmission providers. Other radio frequencies (channels), which are designated in the Strategic Plan for radio and/or television, shall be assigned to transmission providers. The general procedure and conditions for using and assigning radio frequencies (channels) set out in this Law shall be applied with respect to the assignment and use of radio frequencies (channels) to broadcasting and transmission of radio and television programmes to the extent that this Article does not establish otherwise.
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2.The Communications Regulatory Authority shall submit to the Radio and Television Commission of Lithuania information about coordinated radio frequencies (channels), which according to the Strategic Plan are intended to be assigned to broadcasters and/or re-broadcasters possessing Commission-issued licences granting the right to establish and operate their own electronic communications networks; this information shall be submitted together with information about the basic conditions of operating electronic communications networks required to issue broadcasting and/or re-broadcasting licences. The Communications Regulatory Authority, having assigned radio frequencies (channels) to transmission providers, shall submit to the Radio and Television Commission of Lithuania information about these radio frequencies (channels) together with information about the basic conditions of operating electronic communications networks required to issue broadcasting and/or re-broadcasting licences. After having received the abovementioned information, the Radio and Television Commission of Lithuania shall issue broadcasting and/or re-broadcasting licences in accordance with the procedure and conditions set out in the Law on Provision of Information to the Public.
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3.The basic conditions of operating electronic communications networks specified together with radio frequencies (channels) in a broadcasting and/or re-broadcasting licence issued by the Radio and Television Commission of Lithuania shall comply with the basic operating conditions of radio frequencies (channels) and electronic communications networks intended for broadcasting and/or re-broadcasting radio and television programmes presented by the Communications Regulatory Authority. The actual transmission provider shall be additionally specified in a Commission-issued broadcasting and/or re-broadcasting licence granting the right to use the services of a transmission provider. Where the radio frequency (channel) is changed and replaced by another radio frequency (channel) or where the basic conditions of operating electronic communications networks are modified (i.e. the basic conditions of using radio frequencies (channels) are modified), the Radio and Television Commission of Lithuania shall change the conditions of a broadcasting and/or re-broadcasting licence accordingly.
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4.The Communications Regulatory Authority shall assign radio frequencies (channels), which according to the Strategic Plan are intended to be assigned to broadcasters and/or re-broadcasters possessing licences to establish and operate their own electronic communications networks issued by the Radio and Television Commission of Lithuania, without applying the provisions of Articles 51-56 of this Law. The Communications Regulatory Authority shall lay down the rules for assigning such radio frequencies (channels).
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5.A broadcaster or re-broadcaster shall forfeit the right to use the radio frequency (channel) assigned under paragraph 4 of this Article where the licence is revoked. The Radio and Television Commission of Lithuania shall inform the Communications Regulatory Authority about the revocation of licence.
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6.The Communications Regulatory Authority, after coordination with the Radio and Television Commission of Lithuania, shall have the right to change the assigned radio frequency (channel) at the request of the frequency (channel) user. The Communications Regulatory Authority, after coordination with the Radio and Television Commission of Lithuania, shall have the right to revoke an authorisation to use a radio frequency (channel) at the request of the frequency (channel) user.
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7.The Communications Regulatory Authority shall not apply the provisions of paragraph 5 of Article 58 to the radio frequencies (channels) assigned to broadcast (re-broadcast) radio and/or television programmes.
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8.The Communications Regulatory Authority shall have the right to change the radio frequency (channel) and replace it by another radio frequency (channel) used for the same purpose after giving a six-month advance notice to the radio frequency (channel) user or to cancel the assigned radio frequency (channel) after giving a twelve-month advance notice to the radio frequency (channel) user if:
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1)this is required under international obligations or EU legal acts;
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2)the National Radio Frequency Allocation Table is modified and subsequently the radio frequency band designation is modified due to international obligations or EU legal acts, including recommendations. Where the assignment of a radio frequency is changed or revoked before the term of radio frequency (channel) use established by the Communications Regulatory Authority expires, the decision shall be coordinated with the Radio and Television Commission of Lithuania;
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3)radio frequency (channel) is used ineffectively or inefficiently according to the criteria specified in the Strategic Plan;
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4)the Strategic Plan is modified.
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9.The Communications Regulatory Authority, after having decided in accordance with the procedure and conditions set out in this Law to suspend the right to use radio channels (frequencies) assigned under paragraph 4 of this Article, shall inform the Radio and Television Commission of Lithuania thereof. The Communications Regulatory Authority, after having decided in accordance with the procedure and conditions set out in this Law to revoke the right to use radio channels (frequencies) assigned under paragraph 4 of this Article, shall apply to the Radio and Television Commission of Lithuania for the suspension or revocation of the relevant licence. In this case, the Radio and Television Commission of Lithuania may revoke the licence in accordance with the procedure established in the Law on Provision of Public Information.
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10.When issuing an authorisation to use a radio frequency (channel) to a transmission provider, the Communications Regulatory Authority shall, acting in conformity with the Strategic Plan, taking account of the frequency (channel) and technology used and having regard to the technical standards applied in Lithuania in accordance with the procedure established in the legal acts, set a minimum number of radio and/or television programmes to be transmitted by the transmission provider. Transmission providers must transmit, in accordance with the procedure and conditions set out in licences and agreements concluded with broadcasters and/or re-broadcasters, a minimum number of radio and/or television programmes set by the Communications Regulatory Authority when transmitting the programmes of broadcasters and/or re-broadcasters possessing licences issued by the Radio and Television Commission of Lithuania and granting the right to use the services of a specified transmission provider or when broadcasting and/or re-broadcasting radio and/or television programmes themselves, after having received the relevant broadcasting and/or re-broadcasting licences in accordance with the procedure established in the Law on Provision of Information to the Public.
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Transmission providers may, without prejudice to the rules for assigning and using radio frequencies (channels) and the conditions of the relevant authorisation to use radio frequencies (channels), use radio frequencies (channels) to provide additional electronic communications services (including the transmission, broadcasting and/or re-broadcasting of a larger number of radio and/or television programmes subject to transmission, broadcasting and/or re-broadcasting licences issued by the Radio and Television Commission of Lithuania), however only to the extent and within the scope that it does not interfere with the transmission of a minimum number of radio and/or television programmes set by the Communications Regulatory Authority.
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11.When issuing licences referred to in paragraphs 4 and 10 of this Article, the Radio and Television Commission of Lithuania shall ensure the right of the National Radio and Television of Lithuania to broadcast the number of radio and television programmes specified in the Law on the National Radio and Television of Lithuania. Instead of a licence, the National Radio and Television of Lithuania shall be issued an authorisation granting the rights referred to in paragraphs 4 or 10 respectively.
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Article 50Basis for the Use and Assignment of Electronic Communications Resources
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1.Electronic communications resources shall be used and assigned in accordance with the procedure and conditions set out in this Law and the rules for the assignment and use of electronic communications resources approved by the Communications Regulatory Authority.
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2.Electronic communications resources may be used:
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1)without an individual authorisation where the Communications Regulatory Authority establishes that certain electronic communications resources may be used without an individual authorisation;
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2)upon receipt of an authorisation to use electronic communications resources issued by the Communications Regulatory Authority.
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3.The Communications Regulatory Authority, in conformity with the international obligations of the Republic of Lithuania, Radio Regulations, National Radio Frequency Allocation Table, plan for the use of radio frequencies (channels) and radio communication development plans, shall assign radio frequencies (channels) and other electronic communications resources necessary for activities related to national defence, national security, maintenance of public order, public emergency services, guarding of state borders, civil aviation, rail traffic safety, stable and reliable operation of the national energy system and other non-commercial functions of the State (including foreign states) and its institutions.
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4.The Communications Regulatory Authority shall perform the functions referred to in paragraph 3 above without applying the provisions of Article 51-56 of this Law. The Communications Regulatory Authority shall establish the rules for the assignment of electronic communications resources.
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5.The duration of the right to use electronic communications resources shall be determined by the Communications Regulatory Authority. It may be prolonged in cases provided for in the rules for the assignment and use of electronic communications resources and in accordance with the procedure and conditions set out therein.
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6.Where the use of radio frequencies (channels) has been harmonised, agreement has been reached on the conditions and procedure of their use, and undertakings to be assigned radio frequencies (channels) have been selected according to international treaties and/or agreements as well as European Community rules, the Communications Regulatory Authority shall assign radio frequencies (channels) subject to the relevant rules. If all the conditions of radio frequency (channel) use established in the Republic of Lithuania have been fulfilled in the course of a general selection procedure, no additional conditions, criteria or procedures shall be established for the use of radio frequencies (channels), which might restrict, modify or delay the correct implementation of the general radio frequency (channel) assignment procedure.
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7.Persons requesting to be assigned electronic communications resources and/or persons to whom such resources are assigned as well as persons entitled to use electronic communications resources shall pay to the Communications Regulatory Authority administrative charges for the services provided and work performed by it as defined in paragraph 3 of Article 6 of this Law, including charges for the examination of applications, issue of authorisations and supervision of use of resources.
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Article 51Assignment of Electronic Communication Resources
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1.Where the Communications Regulatory Authority has not established that certain electronic communications resources may be used without an individual authorisation, a person shall, prior to the use of such resources, submit to the Communications Regulatory Authority an application in the prescribed form for the assignment of electronic communications resources in accordance with the procedure and conditions set out in the rules for the assignment and use of electronic communications resources.
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2.Where an undertaking submits an application for the assignment of electronic communications resources after its notification of the start of activity has been submitted to the Communications Regulatory Authority, the undertaking may, at the time of submitting the application, only confirm that the information and documents submitted earlier to the Communications Regulatory Authority have not changed and shall not need to re-submit the same information and documents. Should any changes occur in the activity of the undertaking after the date of submission of notification of the start of activity subject to the legal acts of the Communications Regulatory Authority, the undertaking must update the documents and information at the time of application for assignment of electronic communications resources.
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3.A person requesting radio frequencies (channels) shall submit to the Communications Regulatory Authority information about the possibilities to fulfil the obligations relating to the use of radio frequencies (channels). The Communications Regulatory Authority shall set the scope of the information to be submitted and the procedure for the submission thereof. The Communications Regulatory Authority shall have the right to refuse to assign radio frequencies (channels) to a person who has failed to submit the requested information or who has submitted information that is not in conformity with the requirements set by the Communications Regulatory Authority.
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4.A person may start using electronic communications resources as of the date of issue of the authorisation, unless stated otherwise in the authorisation. An authorisation to use electronic communications resources shall be issued to persons who have been assigned electronic communications resources in accordance with the procedure and conditions set forth by the Communications Regulatory Authority.
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5.The number of authorisations to use electronic communications resources shall be unlimited, except for the cases where restrictions are necessary to ensure effective use of radio frequencies (channels) or where other specific electronic communications resources are of exceptional economic value and/or a shortage of electronic communications resources is unavoidable, and this is justified by the principle of proportionally.
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6.When adopting a decision to restrict the number of authorisations to use electronic communications resources, the Communications Regulatory Authority shall:
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1)take adequate account of the necessity to maximise benefits to users and to encourage competition;
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2)provide all interested parties, including users and consumers, with a possibility to express their opinion on any restriction within the scope and in accordance with the procedure and conditions set out in respect of public consultations defined in paragraph 1 of Article 11 of this Law;
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3)publish a decision to restrict the number of authorisations to use electronic communications resources specifying the reasons for such restriction;
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4)after having established the relevant procedure, publish an invitation to submit applications for the assignment of electronic communications resources;
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5)periodically or upon receipt of a reasoned request by interested persons, review the restrictions.
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7.The Communications Regulatory Authority, after having established that it can assign electronic communications resources that are subject to a restricted number of authorisations, shall publish its conclusion and an invitation to submit applications for the assignment of electronic communications resources. The Communications Regulatory Authority shall publish information about the allocation of electronic communications resources in accordance with the procedure and conditions set forth by it.
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8.The Communications Regulatory Authority shall publish information about the applications submitted by persons for the assignment of electronic communications resources when the number of authorisations to use such resources is restricted. The rules for the publication of such information shall be established by the Communications Regulatory Authority.
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9.The Communications Regulatory Authority may reserve specific electronic communications resources to ensure proper development of electronic communications networks and/or services and technologies.
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10.A decision to assign electronic communications resources shall be taken, communicated to the applicant and made public as soon as possible after the receipt of the complete application conforming to the established requirements (complete information and documents) by the Communications Regulatory Authority, within 21 days in the case of telephone numbers and within 42 days in the case of radio frequencies (channels). The latter time limit shall be applied without prejudice to any time limits set in international treaties and/or other agreements.
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11.Should the Communications Regulatory Authority decide that the rights of use for telephone numbers shall be granted by tender or auction, the maximum time limit of 21 days set in paragraph 10 above shall be extended by another 21 days. Should the Communications Regulatory Authority decide to assign radio frequencies (channels) by tender or auction, the maximum time limit of 42 days set in paragraph 10 above shall be extended by a period which it is necessary to ensure fair, reasonable, open and transparent procedures to all interested parties, however, in any case, by no longer than eight months. This time limit shall be applied without prejudice to any time limits set in international treaties and/or other agreements.
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12.Fees for the right to use electronic communications resources to be paid by successful tenderers or auction winners shall be paid to the state budget. Where a successful tenderer or auction winner delays to pay the fee or part of the fee, the Communications Regulatory Authority shall have the right to adopt a decision imposing an obligation on the successful tenderer or auction winner to make due payments and setting the time limit for making such payments. The decision adopted by the Communications Regulatory Authority shall be a document to be executed; if the decision is not executed, it shall be forwarded to the State Tax Inspectorate to be executed in accordance with the procedure established by the Code of Civil Procedure. The decision may be presented for execution not later than within three years from the date of its adoption.
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Article 52Method of Assignment of Electronic Communications Resources
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The Communications Regulatory Authority shall assign electronic communications resources:
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1)directly to the person requesting them;
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2)by tender;
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3)by auction.
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Article 53Assignment of Electronic Communications Resources Directly to the Requesting Person
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1.The Communications Regulatory Authority shall have the right to assign electronic communications resources directly to the person requesting them, provided that at least one of the following conditions exists:
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1)the Communications Regulatory Authority does not limit the number of authorisations to use the electronic communications resources requested;
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2)after the publication by the Communications Regulatory Authority about the receipt of an application for the assignment of electronic communications resources, no other person expresses a wish, within the time limit set by the Communications Regulatory Authority, to use the same resources, or there are sufficient resources to be assigned to all persons having expressed such wish.
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2.Should the Communications Regulatory Authority receive applications for the assignment of electronic communications resources from several persons at the same time and the resources may not be assigned at the same time to all of the persons requesting them, such resources shall be assigned by public tender or by auction. Applications shall be considered as received at the same time if they have been submitted within the time limit set by the Communications Regulatory Authority, counting from the date of publication of information about the receipt of the first application.
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Article 54Assignment of Electronic Communications Resources by Tender
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A tendering procedure for the assignment of electronic communications resources shall be organised in accordance with the procedure provided for in the rules for the assignment of electronic communications resources and by public tender conditions approved by the Communications Regulatory Authority and pursuant to the requirements of this Law. Tender conditions shall specify qualification requirements for tenderers, define the market in which electronic communications resources will be used, and set forth the conditions of use of electronic communications resources. Tender conditions shall specify the criteria for selecting successful tenderers. Such criteria shall be based on special knowledge and effective performance, appropriate schemes of operations in terms of the provision of electronic communications networks and/or services, adequate service prices, time limits for the implementation of services in the market, amount of investments and promotion of effective competition. Where a radio frequency (channel) is assigned by tender, priority shall be given to those tenderers that may ensure larger geographic coverage by services within a shorter period of time.
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Article 55Assignment of Electronic Communications Resources by Auction
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1.The rules of auction shall be approved by the Communications Regulatory Authority.
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2.The rules of auction shall specify qualification requirements for tenderers, define the market in which electronic communications resources will be used, the conditions of use of electronic communications resources and the minimum amount of electronic communications resources to be bought by a participant in the auction.
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Article 56Refusal to Assign Electronic Communications Resources
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1.The Communications Regulatory Authority may refuse to assign electronic communications resources if:
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1)no spare electronic communications resources are available. This includes those cases where the use of requested electronic communications resources would impede the use of other electronic communications resources already in use;
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2)the applicant’s activities do not conform to the requirements of this Law, tender or auction requirements, the purpose of electronic communications resources or the applicant has been using the electronic communications resources available to it inefficiently or ineffectively;
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3)the applicant has failed to submit the documents or information requested;
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4)the application does not conform to the requirements of legal acts;
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5)the information or documents submitted by the applicant are inaccurate or incorrect;
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6)the applicant was not successful in a tendering or auction procedure where such a procedure was organised for granting the right to use electronic communications resources;
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7)the applicant has failed to pay the relevant fee or other charges within the set time limit.
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2.Prior to adoption of a decision refusing to assign electronic communications resources to a person, the Communications Regulatory Authority may set a time limit for the person to rectify the situation hindering the Communications Regulatory Authority from issuing a decision. The Communications Regulatory Authority shall inform the person about such a decision in writing specifying the deficiencies and the time limit for the elimination thereof. This paragraph shall not apply if a tendering or auction procedure was held for granting the right to use electronic communications resources.
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Article 57Transfer of Right to Use Electronic Communications Resources
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A person may not transfer the right to use the assigned electronic communications resources to another person, except for the cases specified by the Communications Regulatory Authority. In such cases, the transfer of the right to use electronic communications resources shall be made in accordance with the procedure and conditions set forth the Communications Regulatory Authority.
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Article 58Use of Electronic Communications Resources
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1.The conditions set out in the rules for the assignment and use of electronic communications resources and in authorisations to use electronic communications resources shall be objectively justified, non-discriminatory, transparent and proportionate taking account of the type of associated networks and/or services. The terms and conditions prescribed by the legal acts regulating the general terms and conditions for engaging in electronic communications activities shall not be repeated in the rules for the assignment and use of electronic communications resources and in authorisations to use electronic communications resources.
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2.The conditions set out in the rules for the use of radio frequencies (channels) and in authorisations to use radio frequencies (channels) may only be related to:
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1)designation of purpose for which radio frequencies (channels) are assigned (service, type of network or technology);
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2)effective and efficient use of radio frequencies (channels);
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3)technical and operational conditions necessary for the avoidance of harmful interference and for the limitation of exposure of the general public to electromagnetic fields, where such conditions are different from those included in the general terms and conditions for engaging in electronic communications activities set forth by the Communications Regulatory Authority;
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4)maximum time limit for the use of radio frequencies (channels);
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5)transfer of the right to use radio frequencies (channels) at the initiative of the right holder and conditions for such transfer. The Communications Regulatory Authority shall specify such conditions in authorisations to use radio frequencies (channels);
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6)fees for the supervision of use of radio frequencies (channels) and fees and payments to the state budget in accordance with the procedure established by legal acts;
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7)any commitments made by a person in the course of a tendering or auction procedure;
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8)obligations under relevant international treaties and/or other agreements relating to the use of radio (frequencies) channels.
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3.The conditions set out in the rules for the use of telephone numbers and in authorisations to use of telephone numbers may only be related to:
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1)designation of purpose (service) for which telephone numbers are used, including any requirements linked to the provision of that service;
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2)effective and efficient use of telephone numbers;
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3)subscriber’s right to retain the telephone number;
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4)obligation to provide directory enquiry services;
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5)maximum time limit for the use of telephone numbers;
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6)transfer of the right to use telephone numbers at the initiative of the right holder and conditions for such transfer. The Communications Regulatory Authority shall specify such conditions in authorisations to use telephone numbers;
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7)fees for the supervision of use of telephone number and fees and payments payable to the state budget in accordance with the procedure established by legal acts;
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8)any commitments which a person has made in the course of a tendering or auction procedure;
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9)obligations under relevant international treaties and/or other agreements relating to the use of telephone numbers.
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4.Persons shall use electronic communications resources effectively and efficiently. The criteria for effective and efficient use of electronic communications resources shall be laid down in the rules for the assignment and use of electronic resources and in authorisations to use electronic communications resources.
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5.The Communications Regulatory Authority shall have the right to replace the assigned electronic communications resources with other resources of the same purpose giving a six-month notice to electronic communications resource users or to revoke an authorisation to use electronic communications resources giving a twelve-month notice to electronic communications resource users, provided that this is required by international obligations or EU legal acts or if the purpose of electronic communications resources is changed. The Communications Regulatory Authority shall have the right to revoke an authorisation without meeting these requirements at the request or with the consent of a user of electronic communications resources. When implementing the provisions of this paragraph, the Communications Regulatory Authority shall apply mutatis mutandis the provisions of Article 59 of this Law.
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6.An undertaking that forfeits the right to engage in electronic communications activities shall also forfeit the right to use the relevant electronic communications resources.
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Article 59Change of Conditions for Usage of Electronic Communications Resources
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The rights, conditions and procedures relating to the use of electronic communications resources may only be amended in objectively justified cases and in a proportionate manner. Notice shall be given in an appropriate manner of the intention to make such amendments and interested parties, including users and consumers, shall be allowed a sufficient period of time to express their views on the proposed amendments, which shall be no less than 28 days except in exceptional circumstances. Where amendments of the conditions for usage of radio frequencies (channels) on the basis of criteria set out in the Strategic Plan result in a change of the coverage territory of radio and/or television programmes broadcast and/or re-broadcast under a licence issued by the Radio and Television Commission of Lithuania, such amendments shall be coordinated with the abovementioned Commission.
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Article 60Activities of Radio Amateurs and Other Radio Station Users
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The procedure for granting the right to engage in radio amateur activities and any other activity of radio station users, the conditions for such activity as well as the procedure and conditions for issuing authorisations to radio amateurs and other radio station users shall be set forth by the Communications Regulatory Authority.
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CHAPTER NINE PROCESSING OF PERSONAL DATA AND PROTECTION OF PRIVACY
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Article 61Scope
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1.The rights provided for to subscribers in this Chapter shall be granted to subscribers that are natural persons, except for the rights provided for in Articles 67 and 68 of this Law.
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2.The provisions of this Chapter shall apply to information which is exchanged or conveyed between a finite number of parties by means of a publicly available electronic communications service. This does not include any information conveyed as part of a public broadcasting service over an electronic communications network except to the extent that the information can be related to the identifiable subscriber or the actual user of electronic communications services receiving the information.
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3.Provisions of Articles 69 and 70 of this Law shall apply to subscriber lines connected to digital telephone exchanges and, where technically possible and if it does not require a disproportionate economic effort, to subscriber lines connected to analogue telephone exchanges.
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4.Supervision over the processing of personal data shall be exercised in the field of electronic communications pursuant to the laws and other legal acts regulating the processing of personal data and the protection of privacy. Any definitions used in this Chapter that are not defined in this Law shall be interpreted within the meaning of the Law on Legal Protection of Personal Data.
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Article 62Security of Publicly Available Electronic Communications Services and Networks
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1.The provider of publicly available electronic communications services must implement appropriate technical and organisational measures to safeguard security of its services, if necessary in conjunction with providers of public communications networks with respect to network security. These measures shall ensure a level of security appropriate to the risk presented.
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2.In case of a particular risk of a breach of the security of the electronic communications network or part thereof, the provider of publicly available electronic communications services must inform subscribers of such risk and, where the risk lies outside the scope of the measures to be taken by the service provider, of any possible remedies including an indication of likely costs involved.
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Article 63Confidentiality of Communication
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1.It shall be prohibited to disclose the content of information transmitted over electronic communications networks and/or related traffic data to persons that are not actual users of electronic communications services without the consent of the interested actual users of electronic communications services or to create conditions for gaining access to such information and/or related traffic data. Persons other than actual users of electronic communications services shall be prohibited from listening, tapping, storing or otherwise intercepting information or related traffic data or gaining secret access to such information or related traffic data, except when legally authorised to do so in accordance with Article 77 of this Law. These provisions shall not prevent technical storage which is necessary for the conveyance of information without prejudice to the principle of confidentiality.
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2.Undertakings providing electronic communications networks and/or services must take appropriate organisational and technical measures to implement paragraph 1 of this Article. The State Data Protection Inspectorate shall exercise control of undertakings providing electronic communications networks and/or services in respect of their compliance with the requirements of paragraph 1 of this Article concerning confidentiality of information. Undertakings providing electronic communications networks and/or services shall create conditions for the State Data Protection Inspectorate to exercise the control provided for in this paragraph in accordance with the procedure established by the Government.
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3.Paragraph 1 shall not affect any legally authorised recording of information and related traffic data when carried out in the course of lawful business practice for the purpose of providing evidence of a commercial transaction or of any other business communication.
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4.The use of the electronic communications networks to store information or to gain access to information stored in the terminal equipment of a subscriber or an actual user of electronic communications services shall be only allowed on condition that the subscriber or user concerned is provided with clear and comprehensive information about such use in accordance with the procedure and conditions set out in the Law on Legal Protection of Personal Data, including information about the purposes of the processing of information, and is offered the right to refuse such processing by the data controller. These provisions shall not prevent technical storage or access for the sole purpose of carrying out or facilitating the transmission of information over an electronic communication network, or as strictly necessary in order to provide an information society service ordered by the subscriber or the actual user of electronic communications services.
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5.The confidentiality of radio communication shall not be breached where a communication has been received as radio disturbances and this is reported to the Communications Regulatory Authority for identification purposes. Radio monitoring conducted by the Communications Regulatory Authority shall not be considered a breach of confidentiality of radio communication. The employees of the Communications Regulatory Authority shall be prohibited from disclosing, disseminating or using the content of non-public radio communications received and reporting about them.
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Article 64Processing of Traffic Data
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1.Traffic data relating to subscribers and/or actual users of electronic communications services processed and stored by the provider of a public communications network and/or public electronic communications services must be erased or modified in such a way that it would not be possible to establish, either directly or indirectly, the identity of the subscriber or actual user when the data is no longer needed for the transmission of information, except for the exceptions referred to in Articles 64 and 77 of this Law.
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2.Traffic data necessary for the purposes of subscriber billing and electronic communications network interconnection payments may only be processed. Such processing is permissible only for a period of six months, except for the cases where the bill is lawfully challenged or the data are necessary for the collection of payment.
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3.For the purpose of marketing electronic communications services or for the provision of value added services a provider of publicly available electronic communications services may process the data referred to in paragraph 1 to the extent and for the duration necessary for such services or marketing if the subscriber or the actual user of electronic communications services to whom the data relate has given his consent. Subscribers or actual users of electronic communications services shall be given the possibility to modify or withdraw their consent for the processing of data at any time.
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4.The service provider must inform the subscriber or the actual user of electronic communications services of the types of traffic data which are processed and of the duration of such processing for the purposes mentioned in paragraph 2 and/or, prior to obtaining consent, for the purposes mentioned in paragraph 3.
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5.Processing of traffic data must be restricted to persons acting under the authority of providers of public communications networks and publicly available electronic communications services handling billing or traffic management, customer enquiries, detection of infringements and fraud, marketing electronic communications services or providing a value added service. The data processed shall be restricted to what is necessary for the purposes of such activities.
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6.Competent authorities shall have the right to receive, in accordance with the procedure and conditions set out in legal acts, information about traffic data with a view to settling disputes.
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7.Providers of public communications networks and publicly available electronic communications services must provide the State Data Protection Inspectorate, in accordance with the procedure established by the Government, with information about the nature of traffic data relating to subscribers of publicly available electronic communications services and actual users of electronic communications services recorded and stored by the provider.
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Article 65Location Data other than Traffic Data
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1.Where location data other than traffic data, relating to subscribers of public communications networks or publicly available electronic communications services or to actual users of electronic communications services, can be processed, such data may only be processes when they have been modified in such a way so that it is not possible to establish, either directly or indirectly, the identity of the subscriber or actual user or with the consent of the subscriber or actual user to the extent and for the duration necessary for the provision of a value added service. The service provider must inform the subscribers or actual users, prior to obtaining their consent, of the type of location data other than traffic data which will be processed, the purpose and duration of such processing and whether the data will be transmitted to a third party for the purpose of providing the value added service. The subscribers and/or actual users of electronic communications services shall be given the possibility to withdraw their consent for the processing of location data other than traffic data at any time.
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2.Where consent of the subscribers and/or actual users of electronic communications services has been obtained for the processing of location data other than traffic data, the subscriber or user must have the possibility, using a simple means and free of charge, of temporarily refusing the processing of such data for each connection to the network and/or for each transmission of communication. The subscribers and/or actual users of publicly available electronic communications services may modify or withdraw their consent at any time.
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3.Processing of location data other than traffic data must be restricted to persons acting under the authority of the providers of public communications networks and/or publicly available electronic communications services or third parties providing the value added service. The data processed shall be restricted to what is necessary for the purposes of providing the value added service.
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4.Providers of public communications networks and/or publicly available electronic communications services shall provide location data (including traffic data) without the consent of the subscriber or the actual user of electronic communications services to institutions dealing with emergency calls, such as law enforcement agencies, ambulance services, fire brigades and other emergency services, for the purpose of responding to such calls by the subscriber or actual user. Detailed conditions and procedures for the implementation of provisions of this paragraph may be set forth in accordance with the procedure and conditions provided for in paragraph 8 of Article 34 of this Law.
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Article 66Itemised Billing
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1.Itemised bills about the electronic communications services provided shall be presented only with the consent or at the request of the subscriber.
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2.The State Data Protection Inspectorate shall establish, within the scope of its competence, requirements for itemised bills to the extent related to the subject of this Chapter.
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Article 67Directories of Subscribers
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1.Subscribers shall be informed, free of charge and before they are included in a printed or electronic directory of subscribers available to the public or obtainable through directory enquiry services, about the purpose of a subscriber directory in which their personal data can be included and of any further usage possibilities based on search functions embedded in electronic versions of the directory.
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2.Subscribers shall have the right to decide whether their personal data are included in a public directory, and if so, which data is to be included to the extent that such data are relevant to the purpose of the directory as determined by the provider of the directory, and to verify, correct or withdraw such data. Not being included in a public subscriber directory, verifying, correcting or withdrawing of personal data shall be free of charge.
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3.For any purpose of a public directory other than the search of contact details of persons on the basis of their name, a subscriber’s consent for the inclusion of personal data in such a directory shall be required.
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Article 68Direct Marketing
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1.The use of electronic communications services, including electronic mail, for the purposes of direct marketing may only be allowed in respect of subscribers who have given their prior consent.
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2.A person who obtains from customers their electronic contact details for electronic mail, in the context of the sale of a product or a service, in accordance with the procedure and conditions set out in the Law on Legal Protection of Personal Data, may use these electronic contact details for direct marketing of its own similar products or services provided that customers clearly and distinctly are given the opportunity to object, free of charge and in an easy manner, to such use of electronic contact details when they are collected and on the occasion of each message in case the customer has not initially refused such use.
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3.The practice of sending electronic mail for purposes of direct marketing disguising or concealing the identity of the sender on whose behalf the communication is made, or without a valid address to which the recipient may send a request that such communications cease, shall be prohibited.
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Article 69Automatic Call Forwarding
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Providers of publicly available electronic communications services shall ensure that any subscriber has the possibility, free of charge and using a simple means, of stopping automatic call forwarding by a third party to the subscriber’s terminal equipment.
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Article 70Presentation of Calling and Connected Line Identification
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1.Where presentation of calling line identification is offered, the actual calling user of electronic communications services must have the possibility, free of charge and using a simple means, of preventing the presentation of the calling line identification on a per-call basis. The calling subscriber must have the possibility on a per-line basis.
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2.Where presentation of calling line identification is offered, the called subscriber must have the possibility, free of charge and using a simple means, of preventing the presentation of the calling line identification of incoming calls.
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3.Where presentation of connected line identification is offered and where the calling line identification is presented prior to the calling being established, the called subscriber must have the possibility, free of charge and using a simple means, of rejecting incoming calls where the actual calling user of electronic communications services or subscriber has exercised the right referred to in paragraph 1 above.
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4.Where presentation of calling line identification is offered, the called subscriber must have the possibility, free of charge and using a simple means, of preventing the presentation of the connected line identification to the calling user.
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5.Where presentation of calling and/or connected line identification is offered, providers of publicly available electronic communications services shall inform the public thereof and of the possibilities set out in paragraphs 1, 2, 3 and 4 of this Article.
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6.The Government shall lay down the rules pursuant to which providers of publicly available electronic communications services and/or public communications networks shall not impose the elimination of the presentation of calling line identification. This may be allowed upon application of a subscriber requesting the tracing of malicious or nuisance calls.
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7.Providers of public communications networks and publicly available electronic communications services shall not impose the elimination of the presentation of calling line identification in respect of specific lines operated by institutions dealing with emergency calls, such as law enforcement agencies, ambulance services, fire brigades and other emergency services for the purpose of responding to such calls by the subscriber or the actual user of electronic communications services. Detailed conditions and procedures for the implementation of provisions of this paragraph may be set forth in accordance with the procedure and conditions provided for in paragraph 8 of Article 34 of this Law.
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CHAPTER TEN OBTAINING OF INFORMATION AND SUPERVISION OF COMPLIANCE WITH THE LAW
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Article 71Obtaining of Information
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1.The Communications Regulatory Authority shall have the right to obtain from state institutions, including EU institutions and institutions of other EU Member States, and municipal institutions, providers of electronic communications networks and services, users of radio frequencies (channels), telephone numbers and other electronic communications resources as well as from persons any information necessary for the Communications Regulatory Authority, the European Commission and national regulatory authorities of other EU Member States to perform the assigned tasks and functions, including financial information irrespective of its confidentiality. Providers of electronic communications networks and services, users of radio frequencies (channels), telephone numbers and other electronic communications resources as well as persons shall submit to the Communications Regulatory Authority any information at its request and to the a timescale and level of detail required by the National Regulatory Authority.
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2.The Communications Regulatory Authority shall ensure the confidentiality of confidential information in accordance with the procedure and conditions set out in legal acts. Confidential information shall not include general information about individual electronic communications markets as well as data on the market share held by individual undertakings, number of subscribers (including data on subscribers of specific types), income (including data on income from specific activities) and the size of electronic communications or call traffic. The Communications Regulatory Authority shall keep the information received from EU institutions and/or other EU Member States in accordance with the procedure and conditions set out in EU legal acts.
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3.The Communications Regulatory Authority may request from undertakings engaged in electronic communications activities, to the extent that it is related to the pursuit of electronic communications activities or use of electronic communications resources or to the extent that it is related to the obligations imposed on an undertaking having significant market power on the relevant market or designated to provide universal service, information that is proportionate and objectively justified for the following purposes (not applicable to the provision of information relating to the installation of electronic communications infrastructure):
\n
1)systematic or case-by-case verification of compliance by an undertaking with the provisions of this Law and other legal acts related to the funding of universal service or fees to the Communications Regulatory Authority as well as to payments to the state budget related to the right of use of electronic communications resources and with the obligations imposed on an undertaking having significant market power on the relevant market or designated to provide universal service;
\n
2)specific verification of compliance by an undertaking with the legal acts establishing the terms and conditions for engaging in electronic communications activities or the terms and conditions of use of electronic communications resources;
\n
3)procedures for assigning electronic communications resources and assessment of relevant requests;
\n
4)publication of comparative overviews of quality and price of services for the benefit of consumers;
\n
5)clearly defined statistical purposes;
\n
6)market analysis purposes.
\n
4.The Communications Regulatory Authority may not request the information referred to in paragraph 3 above, except for the information specified in subparagraph 3 of paragraph 3, from an undertaking which intends to engage in an electronic communications activity before it is granted the right to pursue or before it starts pursuing the electronic communications activity (whichever is earlier) or as a precondition for obtaining such a right.
\n
5.When requesting the information referred to in paragraph 3 from providers of electronic communications networks and services, the Communications Regulatory Authority shall inform undertakings of the specific purpose for which this information is to be used.
\n
6.The provisions of this Article shall apply mutatis mutandis to the State Data Protection Inspectorate in so far as this is related to the supervision of compliance with the provisions of Chapter 9 of this Law.
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Article 72Procedure for the Supervision of Compliance
\n
1.Where the Communications Regulatory Authority finds that an undertaking does not comply with the legal acts specifying the terms and conditions for engaging in electronic communications activities or the terms and conditions of use of electronic communications resources or fails to fulfil one or more of the obligations imposed on it as an undertaking having significant market power on the relevant market or designated to provide universal service, it shall notify the undertaking of those findings and give the undertaking an opportunity to state its views or remedy any breaches within:
\n
1)one month after sending the notice;
\n
2)a shorter period agreed by the undertaking or stipulated by the Communications Regulatory Authority in case of repeated breaches;
\n
3)a longer period decided by the Communications Regulatory Authority.
\n
2.If the undertaking concerned does not remedy the breaches within the period as referred to in paragraph 1, the Communications Regulatory Authority shall take appropriate and proportionate measures aimed at ensuring compliance, including the imposition of economic sanctions specified in Article 74 of this Law. The Communications Regulatory Authority shall communicate the measures and the reasons on which they are based to the undertaking concerned within 7 days of their adoption and shall stipulate a reasonable period for the undertaking to comply with these measures.
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3.The Communications Regulatory Authority shall have the right to impose economic sanctions for failure to provide information in accordance with provisions of Article 18 of this Law or for failure to provide information referred to in subparagraphs 1 and 2 of paragraph 3 of Article 71, including impeding access to information as provided for in Article 73 and/or failure to fulfil the requirements set out in Article 73, without imposing the procedure established in paragraphs 1 and 2 of this Article.
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4.In cases of serious or repeated breaches of the legal acts specifying the terms and conditions of engaging in electronic communications activities or the terms and conditions of use of electronic communications resources or of the obligations imposed on an undertaking having significant market power on the relevant market or designated to provide universal service, where measures undertaken under paragraph 2 above have been not sufficient to remedy the breaches, the Communications Regulatory Authority shall have the right to prohibit an undertaking from continuing to provide electronic communications networks and/or services for a period of up to 3 years or suspend the right to use electronic communications resources for a period of up to 3 years or withdraw it.
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5.Irrespective of the provisions of paragraph 1, 2 and 4 above, where the Communications Regulatory Authority has evidence of a breach of the legal acts specifying the terms and conditions for engaging in electronic communications activities or the terms and conditions of use of electronic communications resources or of the obligations imposed on an undertaking having significant market power or designated to provide universal service that represents an immediate and serious threat to public order, public safety or public health or will create serious economic or operational problems for other providers or users of electronic communications networks and/or services, it shall have the right to take urgent provisional measures, including a temporary detention of objects that were a tool or a direct object of breach of this Law and/or a temporary prohibition of the pursuit of electronic communications activities or of use of electronic communications resources. Where such measures have been taken by the Communications Regulatory Authority, it shall give the undertaking concerned a reasonable opportunity to state its views and propose any remedies.
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6.The provisions of this Chapter, except for this paragraph and Article 71, shall apply to undertakings to the extent that it is related to the pursuit of electronic communications activities. Where the provisions of this Chapter, except for this paragraph and Article 71, are not applied to the suspension and/or withdrawal of the right to use electronic communications resources due to a breach of legal acts, the right to use electronic communications resources shall be suspended and/or withdrawn subject to the cases, procedure and conditions set out in the Code of Administrative Offences and the rules for the assignment and use of electronic communications resources.
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7.The provisions of this Article shall apply mutatis mutandis to the State Data Protection Inspectorate to the extent that it is related to the supervision of compliance by undertakings engaged in electronic communications activities with the provisions of Chapter 9 of this Law; however, the State Data Protection Inspectorate shall not impose economic sanctions but shall draw up, where relevant and subject to the procedure and cases set out in the Code of Administrative Offences, reports on infringements of administrative law.
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Article 73Officials of the Communications Regulatory Authority
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1.Officials authorised by the Communications Regulatory Authority, having presented a certificate of employment and a document issued by the Communications Regulatory Authority attesting their authorisations and functions, shall have the following rights related to the supervision of compliance with this Law exercised on behalf of the Communications Regulatory Authority:
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1)to obtain necessary information in accordance with the procedure and conditions set out in this and other laws and legal acts:
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2)upon presentation of a permit issued by the court, to gain access to and inspect premises, areas and vehicles used by an undertaking, to review its documents which are necessary for investigation, to obtain copies of and extracts from such documents, and to gain access to information stored in computers and magnetic media;
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3)to obtain oral and written explanations from persons related to the activity of the undertaking under inspection; to request that they give explanations in the office of an authorised official conducting the investigation;
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4)to obtain from other undertakings any data and documents on economic operations of the undertaking under inspection, irrespective of the subordination of such other undertakings, or copies of such documents; to obtain such data and documents or copies thereof from state and municipal institutions and persons;
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5)to inspect (audit) economic operations of an undertaking, to obtain opinions from expertise bodies based on inspection materials, to carry out a detailed review of the cost and/or income accounting systems of the undertaking;
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6)to seize, for a period of up to 30 days, documents and objects necessary for or to be used as evidence in the investigation of an infringement, leaving a reasoned decision for the seizure and a list of documents and/or objects seized; to request that copies of the specified documents are made;
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7)to use the services of specialists and experts for the investigation;
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8)to use technical means during the investigation in accordance with the procedure established by the law;
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9)to conduct on-the-spot inspections of equipment and/or devices;
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10)to exercise other rights provided for by this and other laws.
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2.When performing their functions, the officials authorised by the Communications Regulatory Authority may use the services of police officers.
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3.When exercising the rights granted to them, the officials authorised by the Communications Regulatory Authority shall draw up documents (statements, protocols, requests, etc.). The form of such documents and filling-out requirements shall be specified by the Communications Regulatory Authority.
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4.Instructions of the officials authorised by the Communications Regulatory Authority given when performing the actions indicated in this Article shall be binding on persons and undertakings as well as their management and administration staff, who must duly cooperate with authorised officials. Sanctions provided for in this and other laws shall be imposed for failure to comply with the said instructions.
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5.Undertakings shall have the right to appeal to the director of the Communications Regulatory Authority against illegal actions by its officials. The appeal shall be filed not later than 10 days after learning about the actions appealed against. The director of the Communications Regulatory Authority shall adopt a decision regarding the appeal within 10 days from the receipt thereof. Should a person disagree with the decision of the director or should the director fail to adopt a decision within 10 days, the person concerned shall be entitled to appeal to court. Filing of an appeal shall not stop relevant actions by the officials.
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6.A request for permission to take actions referred to in subparagraph 2 of paragraph 1 of this Article shall be filed with the Vilnius District Administrative Court. The request must indicate the name of the undertaking (full name of a natural person), the nature of suspected infringement and the actions planned. The request shall be examined by a judge of the Vilnius District Administrative Court who will make a reasoned ruling satisfying or rejecting the request. The request must be examined and a ruling handed down not later 72 hours after the request is submitted. If an official authorised by the Communications Regulatory Authority does not agree with the judge’s decision to reject the request, he shall be entitled to appeal to the Supreme Administrative Court of Lithuania against the ruling within a period of 7 days.
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The Supreme Administrative Court of Lithuania shall examine the appeal against the ruling of the Vilnius District Administrative Court within a period of 7 days. A representative of the Communications Regulatory Authority shall have the right to attend the sitting where the appeal is examined. The ruling of the Supreme Administrative Court of Lithuania shall be final and not subject to appeal. When examining requests and appeals for permission to take actions, the court must ensure the secrecy of the information presented and of the actions planned. In urgent cases, certain actions by officials from the Communications Regulatory Authority may be taken based on a decision of its director. In this case, a request for permission to take actions shall be filed to court in accordance with the procedure set out above within 24 hours after the adoption of such decision.
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Should the court (judge) refuse to issue a permit, the actions shall be discontinued and any information received while taking such actions shall be destroyed immediately.
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7.The damage incurred on undertakings by illegal actions of institutions regulating electronic communications activities or officials thereof shall be compensated in accordance with the procedure established by the law.
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Article 74Economic Sanctions
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1.Should an undertaking fail to comply with the legal acts specifying the conditions for the pursuit of electronic communications activities or the conditions of use of electronic communications resources including consumer or user rights, or should it fail to fulfil obligations imposed on it as an undertaking having significant market power or designated to provide universal service or should it fail to comply with the decisions adopted by the Communications Regulatory Authority upon settlement of a dispute or should it fail to comply with the Technical Regulations of Radio Equipment and Telecommunications Terminal Equipment or the Technical Regulation on Electromagnetic Compatibility, the Communications Regulatory Authority shall have the right to impose a fine of up to 3 % of the annual gross income from activities associated with electronic communications, and if it is difficult or impossible to calculate the volume of such activity – a fine of up to LTL 300,000.
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2.In case where an undertaking commits a repeated or serious infringement referred to in paragraph 1, the Communications Regulatory Authority shall have the right to impose a fine of up to 5 % of the annual gross income from activities associated with electronic communications, and if it is difficult or impossible to calculate the volume of such activity – a fine of up to LTL 500,000.
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3.Where the annual gross income referred to in paragraphs 1 and 2 above is less than LTL 300,000, a fine of up to LTL 10,000 shall be imposed, while in the case of a repeated or serious infringement – up to LTL 20,000.
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4.If an undertaking fails to comply with the obligation imposed by the Communications Regulatory Authority to discontinue illegal activities, does not submit information in accordance with the procedure and conditions set out in this Law (submission of incorrect information shall also be considered as failure to submit information), impedes officials authorised by the Communications Regulatory Authority to perform their duties or does not comply with the requirements of the Communications Regulatory Authority, including any provisional protection measures, the Communications Regulatory Authority shall have the right to impose a fine of up to LTL 50,000 and in the event of continuous infringement – a fine of up to LTL 5000 for each day of continued infringement.
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5.In addition to the economic sanctions provided for in paragraphs 1-4 of this Article and in paragraph 4 of Article 72, the Communications Regulatory Authority may order seizure of objects that were a tool or direct object of infringement of this Law and/or payment of damages caused by illegal activities.
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6.Where an undertaking is a group of associated persons, members of the group who acted as a single economic unit when committing an infringement shall be considered as offenders.
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Article 75Imposition of Economic Sanctions and Determination of their Size
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1.Economic sanctions shall be imposed on an undertaking by the director of the Communications Regulatory Authority or a person authorised by him. The Communications Regulatory Authority shall adopt rules regulating the procedure for imposing economic sanctions.
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2.The procedure for imposing economic sanctions on the basis provided for in paragraphs 2, 3 or 4 of Article 72 of this Law shall be initiated by a written proposal from an official of the Communications Regulatory Authority. The proposal shall specify the circumstances of the infringement of this Law and the proposed economic sanction. Upon the receipt of an official notice by the official, the director of the Communications Regulatory Authority or a person authorised by him shall hold a meeting on the imposition of an economic sanction. The undertaking on which a sanction is to be imposed shall be informed about the meeting. The undertaking must submit supporting evidence to prove that there is no element of infringement of this Law as well as evidence of mitigating circumstances or any other relevant evidence in support of an adequate sanction before the meeting.
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3.The meeting on the imposition of an economic sanction may be attended, with the right to present explanations, by an undertaking on which the sanction is to be imposed, other interested undertakings and persons as well as persons whose participation is required for a proper examination of the issue of imposition of sanctions (witnesses, experts, specialists or other persons). Failure by an undertaking on which the sanction is to be imposed or other undertakings or persons to attend the meeting shall not prevent the meeting from being held. The meeting shall be public, except for the cases where the Communications Regulatory Authority decides to examine the issue at a closed meeting with a view to safeguarding state, business or commercial secrets or ensuring a person’s right to privacy.
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4.The meeting shall be started by a report of the official from the Communications Regulatory Authority who has made the written proposal. Representatives of undertakings and persons attending the meeting may present their explanations. Other participants in the meeting may put questions to any person who has made a report or provided an explanation. The meeting shall be held in the Lithuanian language.
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5.The minutes of the meeting shall be executed not later than 5 working days after the meeting. The minutes shall be signed by the director of the Communications Regulatory Authority or a person authorised by him and the secretary of the meeting.
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6.The undertaking on which a sanction is to be imposed or has been imposed and other interested undertakings and persons shall have the right to gain access to the materials collected by the Communications Regulatory Authority, except for those materials which constitute a state, business or commercial secret or the disclosure of which would violate the right to privacy of a natural person. The undertaking on which a sanction is to be imposed shall always be provided access to the text of the written proposal by the official from the Communications Regulatory Authority and the minutes of the meeting on the imposition of an economic sanction.
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7.After the meeting on the imposition of an economic sanction, the director of the Communications Regulatory Authority or a person authorised by him shall forward the issue to the Council of the Communications Regulatory Authority. After the Council examines the issue of the imposition of an economic sanction, the director of the Communications Regulatory Authority or a person authorised by him shall make the final decision. The decision on the imposition of an economic sanction made by the director of the Communications Regulatory Authority or a person authorised by him may be appealed against in accordance with the procedure and conditions set out in the Law on Administrative Proceedings and paragraph 7 of Article 6 of this Law.
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8.The director of the Communications Regulatory Authority or a person authorised by him shall have the right at any moment of the procedure of imposition of an economic sanction to instruct officials from the Communications Regulatory Authority to supplement the materials collected. Upon fulfilment of such instructions by officials of the Communications Regulatory Authority, a supplemented written proposal shall be drawn up and the procedure of imposition of an economic sanction shall be started anew.
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9.When imposing economic sanctions on undertakings, account shall be taken of:
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1)amount of damages incurred by the infringement;
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2)duration of the infringement;
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3)circumstances mitigating or aggravating the liability of the undertaking;
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4)amount of income that the undertaking has received as a result of the infringement;
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5)where the infringement has been committed by several undertakings, the share of each undertaking in committing the infringement.
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10.Mitigating circumstances shall include actions of the undertaking concerned taken at its own initiative to prevent the harmful consequences of the infringement as well as its assistance to the Communications Regulatory Authority in the investigation of the infringement, compensation of losses or elimination of the damage done.
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11.Aggravating circumstances shall include actions by the undertaking concerned to impede the investigation procedure, conceal the infringement, continue the infringement despite the Communications Regulatory Authority’s instructions to discontinue illegal actions as well as a repeated infringement for which sanctions provided for in this Law have already been imposed on the undertaking.
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12.When determining the size of the economic sanction, the Communications Regulatory Authority may also recognise other circumstances as mitigating circumstances.
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Article 76Implementation of Economic Sanctions
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1.The undertaking must implement the economic sanction imposed by the Communications Regulatory Authority by paying the fine to the state budget and/or transferring gratis the confiscated objects not later than 3 months after the receipt of the decision.
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2.At a reasoned request of the undertaking, the Communications Regulatory Authority may defer by its decision the payment of the fine or part thereof for a period of up to six months.
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3.A decision on the imposition of an economic sanction issued by the Communications Regulatory Authority shall be an executive document. Where it is not implemented, the decision shall be forwarded to the State Tax Inspectorate for implementation in accordance with the procedure established by the Code of Civil Procedure. A decision may be presented for execution not later than 3 months after its adoption.
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4.Any seized objects shall be realised in accordance with the procedure established by legal acts.
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5.The Communications Regulatory Authority shall have the right to determine the terms and conditions for compensating the damage incurred by the illegal actions of an undertaking.
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6.Where the sanction is imposed on an undertaking that is a group of associated persons, all members of the group shall be jointly and severally liable for the adequate implementation of economic sanctions, taking account of the provisions of paragraph 6 of Article 74 of this Law.
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CHAPTER ELEVEN FINAL PROVISIONS
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Article 77Supervision and Monitoring of Electronic Communications Traffic
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1.Undertakings providing electronic communications networks and/or services shall have the right to record and store technical data on electronic communications and their participants only to the extent that is necessary to ensure economic activities of the said undertakings. Undertakings providing electronic communications networks and/or services must submit, in accordance with the procedure established by the law, to operational investigation services, pre-trial investigation institutions, prosecutors, courts or judges information which is available to them and which is necessary to prevent, investigate and detect criminal acts. Such information shall be submitted, immediately and free of charge, by undertakings providing electronic communications networks and/or services to the main institutions of operational investigation services and pre-trial investigation institutions designated by the Government in electronic form in response to their enquiries.
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Pre-trial investigation institutions designated by the Government shall provide their subdivisions and/or other pre-trial investigation institutions with access to such information in accordance with the procedure established by the Government. All persons taking part in the exchange of information shall make necessary arrangements to ensure data security in accordance with the procedure and conditions set forth by the Government; the additional equipment necessary for this purpose shall be obtained from and maintained by Government funds. If the information presented by an undertaking providing electronic communications networks and/or services needs to be confirmed for a pre-trial investigation purposes, the pre-trial investigation officer shall directly address the undertaking in writing and the undertaking shall provide a written response.
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2.Undertakings providing electronic communications networks and/or services shall store technical information used during the transmission of electronic communications traffic only for a period that is necessary to ensure their economic activity which will not exceed six months, except for cases referred to in Article 64 of this Law; where such information is necessary for operational investigation services, pre-trial investigation institutions, prosecutors, courts or judges to prevent, investigate and detect criminal acts, undertakings providing electronic communications networks and/or services shall, on instruction from an institution (operational investigation service) authorised by the Government, store such information for a longer period, but no longer than additional six months. Such storage shall be paid for by state funds in accordance with the procedure established by the Government.
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3.Where there is a reasoned court ruling, undertakings providing electronic communications networks and/or services must provide operational investigation services, in accordance with the procedure established by the law, and pre-trial investigation institutions, in accordance with the procedure established by the Code of Criminal Procedure, with technical possibilities to exercise control over the content of information transmitted by electronic communications networks. Equipment necessary for this purpose shall be obtained from and maintained by Government funds.
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4.A Government authorised institution (operational investigation service) shall organise and provide, in accordance with the procedure established by the Government, each operational investigation service and, in the event of criminal proceedings, each pre-trial investigation institution with a technical opportunity to exercise independent control over the content of information transmitted by electronic communications networks.
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5.Undertakings providing electronic communications networks and/or services shall inform a Government authorised institution (operational investigation service) and the Communications Regulatory Authority about any changes to be made in their networks or at points of interconnection with other electronic communications operators, which may affect the operation of equipment referred to in paragraphs 1 and/or 3 of this Article and the volume of information presented, as soon as they get to know about it.
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6.Technical commands sent by an electronic communications network to start or discontinue wire tapping or any other control of the information transmitted over electronic communications networks shall be safekept at the premises of a Government authorised institution (operational investigation service) in such a way that would prevent the command data to be modified by the Government authorised institution which has sent such commands or by the undertaking which has received them. The Prosecutor General of the Republic of Lithuania or his authorised prosecutor shall exercise control over compliance with the provisions of this paragraph.
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Article 78Extraordinary Circumstances and Special Rules for Securing Communication
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1.The Government or an institution authorised by it shall approve a programme on implementing preparations for extraordinary circumstances and a scheme for organizing communications in extraordinary circumstances. Undertakings shall participate in the preparation of these legal acts and ensure their effective functioning.
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2.In cases of force majeure, extreme situations or other extraordinary circumstances or for the purpose of preparing for universal mobilisation or national defence or ensuring national security and public order, the Government or an institution authorised by it may, in accordance with the procedure established by laws and other legal acts, issue mandatory instructions, tasks and assignments to undertakings providing electronic communications networks and/or services as well as to owners or users of equipment and devices in order to protect and maintain the relevant electronic communications networks as well as to interconnect them and, where necessary, restrict public use of electronic communications networks.
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3.Providers of electronic communications networks and services shall take any measures necessary to secure the functioning of public communications networks and services in the case of catastrophic network failure or force majeure such as unusual weather conditions, earthquakes, floods, lightning or fires as well as in other extraordinary circumstances. In such cases, relevant undertakings and institutions shall take all possible measures to maintain the highest service level in line with the priorities established by the Government or an institution authorised by it.
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4.Providers of electronic communications networks and services must give absolute priority to communication with emergency services and institutions servicing emergency calls, including any telecommunications related to safety of life at sea, on land, in the air or further space, also to epidemiological telecommunications of extreme urgency as defined by the World Health Organisation. Users of radio stations must ensure reception of disaster signals and disaster messages of whatever origin, giving them absolute priority, responding in the same manner and taking immediate action in respect of them.
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5.Providers of electronic communications networks and/or services must give priority, in respect of other telecommunications, to telecommunications conducted by heads of state and government or members of government, chief commanders of land, naval or air forces, diplomatic or consular representatives of the Republic of Lithuania and other member states of the International Telecommunication Union, the Secretary General of the United Nations, heads of UN main bodies and the International Tribunal or to telecommunications provided in response to such telecommunications to the extent that is necessary to take account of a specific request by the sender of relevant information.
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6.The Communications Regulatory Authority shall have the right to set forth the procedure and conditions for implementing the obligations referred to in paragraphs 4 and 5 above.
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7.It shall be prohibited to send or transmit false or misleading signals of disaster, urgency, security or identification.
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8.Information constituting state and/or official secret shall only be transmitted over encoded radio communication channels.
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Article 79Coming into Force and Application
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1.This Law shall come into force on 1 May 2004, except for this paragraph, Article 80 and other provisions of the Law to the extent that they are related to Article 80.
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2.After this Law comes into force, the Republic of Lithuania Law on Telecommunications (Valstybės žinios, 1998, No. 56-1548; 2000, No. 32-892, No. 61-1830; 2002, No. 75-3215, No. 123-5514; 2003, No. 38-1718) shall become null and void; however, undertakings that have been identified by the Communications Regulatory Authority, prior to coming into force of this Law, as undertakings having significant market power shall continue to fulfil the obligations imposed on them, including any obligations binding on undertakings having significant market power, within the scope and subject to the conditions set out in the Republic of Lithuania Law on Telecommunications and accompanying legal acts, until the Communications Regulatory Authority, having completed market analysis in accordance with the procedure established in this Law, decides to revoke and/or modify such obligations.
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Such a decision of the Communications Regulatory Authority shall be published in the supplement Informaciniai pranešimai to the official gazette Valstybės žinios and shall come into force not later than 28 days after its publication. The Communications Regulatory Authority, taking into account the results of market analysis, may issue a separate reasoned decision on individual obligations in respect of individual undertakings and set different time limits for such individual obligations which cannot be longer than 28 days following the publication of notification about the decision in the supplement Informaciniai pranešimai to the official gazette Valstybės žinios.
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3.Personal data included in public directories of subscribers prior to coming into force of this Law may be kept in these directories until the subscriber expresses a wish to have them erased. Providers of publicly available electronic communications services shall publicly inform the subscribers whose data have been included in respective directories about the rights granted to them by this Law.
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4.Subordinate legal acts adopted prior to coming into force of this Law shall be valid to the extent that they do not contradict this Law. A provision shall not be considered as contradicting only because it applies to undertakings having significant market power identified in accordance with the procedure established by the Republic of Lithuania Law on Telecommunications.
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5.Agreements concluded by the institutions of the Republic of Lithuania that correspond to the subject of paragraph 12 of Article 12 of this Law and that have been concluded prior to coming into force of this Law shall be presented for publication in the supplement Informaciniai pranešimai to the official gazette Valstybės žinios by 1 July 2004.
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6.The director of the Communications Regulatory Authority and members of the Council of the Communications Regulatory Authority appointed prior to coming into force of this Law shall perform their functions until the expiry of their term of office unless dismissed earlier on the grounds specified in paragraph 9 of Article 7 of this Law. Two additional members of the Council of the Communications Regulatory Authority shall be appointed for the first time for the remainder of the term of Council members appointed prior to coming into force of this Law.
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7.Any dispute between undertakings to be settled in accordance with Article 28 of this Law and any dispute based on end user complaints to be settled in accordance with Article 36 of this Law that were accepted for consideration prior to coming into force of this Law shall be examined and appealed against subject to the legal norms valid prior to coming into force of this Law.