REPUBLIC OF LITHUANIA

REPUBLIC OF LITHUANIA Official translation REPUBLIC OF LITHUANIA LAW AMENDING THE LAW ON TELECOMMUNICATIONS 9 June 1998 No. VIII-774 Vilnius (new edition by 5 July 2002 No. IX-1053) (Official Gazette, 1998, No. 56-1548; 2000, No. 32-892, No. 61-1830) Article 1. New Version of the Law of the Republic of Lithuania on Telecommunications The Law on Telecommunications of the Republic of Lithuania shall be amended and set forth to read as follows: "REPUBLIC OF LITHUANIA L A W ON TELECOMMUNICATIONS CHAPTER ONE GENERAL PROVISIONS Article 1. Purpose and Application of the Law 1. This Law shall establish the telecommunications regulatory framework of the Republic of Lithuania, with due regard to the requirements of the European Union law and the Convention of the International Telecommunication Union, regulate relations between the telecommunications operators and the users of their services, the management, use and control of radio communication, as well as the import, manufacturing, use and maintenance of equipment radiating electromagnetic waves, ensure an effective use of radio frequencies and telephone numbers, and set forth conditions for promoting competition in the telecommunications sector. 2. This Law shall not regulate the licensing of the activities of radio and television programme broadcasters, with the exception that the basic technical conditions for the radio and television station frequencies/channels of co-ordinated activity and telecommunications networks for broadcasting and/or re-broadcasting of radio and television programmes must be submitted to the Lithuanian Radio and Television Commission. Article 2. Principles of the Regulation of Telecommunications Activities Regulation of telecommunications activities shall be based on the principles of effective management of limited resources, technological neutrality, functional equivalence, minimum of necessary regulation, legal certainty in co-ordination with the dynamic market, economic development, securing effective competition, protection of consumer rights, objectivity of the criteria, transparency, equality and non-discrimination. Article 3. Main Definitions Used in the Law 1. Subscriber – any person who is a party to a contract of supply of public telecommunications services with the provider of those services. 2. Equipment and devices - radio electronic equipment and electric devices that radiate or can radiate radio waves when in operation. 3. Protected service – radio and/or television broadcasting services, information services which are based on conditional access and provided against remuneration. 4. Persons - natural persons and legal entities. 5. Unbundled access to the local loop – fully unbundled access to the local loop and shared access to the local loop. Provision of unbundled access does not mean transfer of the rights of ownership to the local loop. 6. Local sub-loop – a part of the local loop connecting the network termination point located on the subscriber’s property with a concentration point or a designated closest access point of the fixed public telephone network. 7. Actual service user – natural person using public telecommunications services for private or business purposes. 8. Terminal equipment - equipment of telecommunications service users intended for the connection to the termination points of the corresponding telecommunications network. 9. Shared access to a local loop - access to the local loop or partial local loop of the designated local loop operator provided to a local loop beneficiary granting him the right to use the non-voice band frequency spectrum of the physical line. 10. Cross subsidising - use of the revenue received for services provided at an end price higher than the overall costs of providing the services, to compensate for the revenue received for other services provided at an end price lower than the overall costs of providing the services. 11. National Radio Frequency Allocation Table – a document approved by the Government establishing allocation of radio frequencies for radio communication, including broadcasting, industrial, scientific, and medical and other needs. 12. Designated local loop operator – an operator of a fixed public telephone network designated by a decision of the Communications Regulatory Authority, enjoying significant market power in providing fixed public telephone networks and services. 13. Access – a facility granted by a telecommunications operator to another telecommunications operator and/or telecommunications service provider to use, under contractual terms, the infrastructure of the telecommunications operator and/or services to provide telecommunications services under the terms and conditions set forth in this Law and other legal acts. 14. Collocation – granting physical space and technical infrastructure necessary for placing and connecting relevant equipment. 15. Radio waves – electromagnetic waves of frequencies from 9 kHz to 3,000 GHz, propagated in space without artificial guide. 16. Radio frequency/channel assignment – authorisation issued by the Communications Regulatory Authority to use radio frequency or channel under the established terms and conditions. 17. Radio amateur – a natural person involved in radio communication activities for personal purposes or purposes unrelated to business and not seeking profit. 18. Radio equipment - equipment used for transmitting, sending and/or receiving radio signals 19. Radio channels - a band of radio frequencies for the designated whole of technical facilities and radio waves propagation environment intended for the transmission and receiving of certain information. 20. Radio Regulations - an official publication of the International Telecommunication Union establishing radio communication management. 21. Radio communication - transmission, sending and/or receiving of information by means of radio waves. 22. Radio monitoring - a permanent control of parameters of the radio waves environment. 23. Radio disturbance - the unwanted electromagnetic oscillations of various origin (electromagnetic noise, unwanted signal, change in the spread environment) obstructing the reception of the wanted radio signal and reproduction of the information. 24. Radio interference – degradation of the operation of equipment or a device, a communications channel or system due to the influence of radio disturbance. 25. Conditional access – any technical and/or other measure providing access to the protected service subject to a prior individual authorisation from the provider of such service. 26.  Leased line – a non-switched telecommunications line connecting the telecommunications network termination points. 27. Leased line service – a telecommunications service enabling transmission between network termination points without the switching controlled by a telecommunications service user. 28. Transmission – encoded or non-encoded emission of radio and/or television signals to the public via telecommunications networks. 29.  Related facilities – facilities relating to the provision of unbundled access to the local loop including collocation, cable connections, relevant IT systems necessary for the beneficiary of the local loop to provide services under the conditions of fair competition. 30. Telecommunications - transmitting, sending, receiving of information (signs, signals, written texts, images and sounds or other information) by wire, radio, optical, and other electromagnetic systems. 31. Telecommunications infrastructure - entirety of telecommunications networks, equipment, devices, lines, conduits, cables, cable ducts, collectors, towers, masts and other facilities intended for the pursuit of telecommunications activities. 32. Telecommunications line - a physical link connecting any points of a telecommunications network. 33. Telecommunications operator - an undertaking operating his own or another person’s telecommunications network (maintaining, developing, managing its functioning and interconnecting it with other networks). 34. Telecommunications services - services wholly or partly related to the transmission and switching of signals, including transmission of radio and television programmes via telecommunications networks, with the exception of radio and television broadcasting and/or re-broadcasting activities. 35. Telecommunications service user – a person to whom public telecommunications services are provided or who has applied for their provision. 36. Telecommunications service provider - an undertaking providing telecommunications services via his own or another person’s telecommunications network. 37. Telecommunications network – an information transmission system and/or switching and other equipment which ensure the conveyance of signals by wire, radio, optical and by other electromagnetic means. 38. Telecommunications network provision - establishment, management, control of the telecommunications network and/or providing access to it. 39. Interconnection of telecommunications networks – the physical and logical linking of telecommunications networks used by the same and/or different operator and/or service provider, enabling the users of services of one operator and/or service provider to intercommunicate and/or communicate with the users of services of another operator and/or service provider, or to use the telecommunications services provided by another operator and/or service provider. 40. Telecommunications activities – activities involving the provision of telecommunications services and telecommunications networks. 41. Network termination point - physical connectors conforming to the technical access requirements and constituting a part of the public telecommunications network, necessary for connecting the terminal equipment to the public telecommunications network and maintaining effective communication via the network. 42. Broadcasting – production and initial transmission/relay of programmes to the public by telecommunications networks. 43. Broadcaster – a person, having a licence for broadcasting and/or re-broadcasting, or in cases prescribed by law, having no licence, who assumes editorial responsibility for the programmes he broadcasts, who produces and broadcasts programmes himself or has them re-transmitted or transmitted, without any alteration, by third parties under his authority. 44. Undertaking - enterprises, their groups (associations, amalgamations, consortiums etc.,) institutions or organisations or other legal entities or natural persons who are pursuing or can pursue an economic activity in the Republic of Lithuania, and whose actions have an impact on, or whose intentions, where realised, could have an impact on economic activities in the Republic of Lithuania. State and municipal institutions of the Republic of Lithuania pursuing an economic activity shall be deemed to be undertakings. 45. Undertaking with significant market power – an undertaking whose share of the relevant telecommunications market, as a rule, is over 25 per cent. 46. Universal services - a minimum of telecommunications services of established quality, which, irrespective of geographical location, is provided for an affordable price to all telecommunications service users who have ordered these services. 47. Consumer – any natural person to whom public telecommunications services are provided for personal, family or household purposes which are outside his trade, business or profession. 48. Vertically integrated undertaking - an undertaking performing two or more of the functions of the same value chain. 49. Public fixed telephone network - a public switched telecommunications network which enables transfer of speech, at least 3,1 kHz bandwidth audio information and provision of voice telephony services between network termination points at fixed locations. 50.  Public mobile telephone network – a public telecommunications network intended for the transmission of radio communications between mobile or between mobile and fixed telephone network terminal equipment. 51. Public telecommunications network - a telecommunications network which is fully or partly used to provide public telecommunications services. 52. Public fixed telephone services - local, long distance and international telephone services provided to the users of telecommunications services via a public fixed telephone network. 53. Public mobile telephone services – telecommunications services whose provision wholly or partly covers establishment of radio communication with one mobile services user and are wholly or partly realised via a public mobile telephone network.  54.  Public telephone services – fixed public telephone services and mobile public telephone services. 55. Public telecommunications services – publicly provided telecommunications services. 56. Local loop – the physical circuit connecting the network termination point at the subscriber’s premises with the main distribution frame or equivalent facility in the fixed public telephone network. 57. Local loop beneficiary – a person duly authorised to provide telecommunications services who may be eligible for unbundled access to a local loop. 58. Full unbundled access to the local loop – the provision to a local loop beneficiary of access to the local loop or local sub loop of the designated operator, authorising the use of the full frequency spectrum of the physical circuit. CHAPTER TWO REGULATORY AUTHORITIES OF TELECOMMUNICATIONS ACTIVITIES Article 4. Regulatory Authorities of Telecommunications Activities 1. Telecommunications activities in the Republic of Lithuania shall be regulated under this Law by: 1) the Government or an institution designated by it; 2) the Communications Regulatory Authority. 2. Telecommunications activities for ensuring national defence, security and public order, the protection of state borders, civil aviation, safety of railway traffic and the uninterrupted and sound functioning of the energy sector shall be regulated within the limits of their competence by the relevant public authorities under the co-ordination of the authority designated by the Government. Article 5. Functions of the Government or the Authority Designated by it in the Telecommunications Sector The Government or the authority designated by it shall perform the following functions in the telecommunications sector: 1)   develop and implement state strategy and policy in the telecommunications sector; 2)   co-ordinate the development of state investment programmes in the telecommunications sector, assess them in terms of their economic, financial and technical feasibility and monitor their implementation; 3)   approve the National Radio Frequency Allocation Table and the strategy for the allocation of radio frequencies for broadcasting and transmission of  radio and television programmes; 4) co-operate with telecommunications institutions in foreign countries and, within the limits of its competence, represent the Republic of Lithuania in international organisations; 5) determine the scope and quality requirements of universal services, the procedure, terms and conditions for the provision of these services, the procedure for and cases of imposing obligations on  telecommunications service providers to provide universal services. 6) upon declaration of general mobilisation, a state of war or emergency, or in the event of imminent war, natural disasters or other cases, regulate, within the powers granted by the Government, telecommunications activities, adopt legal acts binding for all the owners of telecommunications networks and facilities and for telecommunications operators; 7) adopt legal acts necessary for the implementation of this Law; 8) perform other functions set forth by laws and other legal acts of the Republic of Lithuania. Article 6. The Communications Regulatory Authority 1. The Communications Regulatory Authority shall be an independent Government institution regulating, supervising telecommunications activities and implementing provisions of this Law other than Articles 49-56 the implementation whereof is the responsibility of  the State Data Protection Inspectorate, acting in accordance with this Law, other laws of the Republic of Lithuania, and its own regulations. 2. The regulations of the Communications Regulatory Authority shall be approved by the Government. 3. The Communications Regulatory Authority shall be a legal entity, having a seal with the state emblem, which may, in its own name, acquire property and individual non-property rights and obligations. 4. The Communications Regulatory Authority shall be headed by Director. Director of the Communications Regulatory Authority and the Council of the Communications Regulatory Authority, shall be appointed for a term of five years and dismissed by the President of the Republic on the recommendation of the Prime Minister. Director of the Communications Regulatory Authority shall submit, at least once a year, by April 1, reports on the activities of the Communications Regulatory Authority to the Seimas and the Government.  5. Director of the Communications Regulatory Authority shall be dismissed in accordance with the procedure laid down in law in the following cases: 1)  upon his resignation; 2) upon expiry of his term in office; 3) for health reasons; 4) upon reaching the pensionable age; 5) when elected to a different position or when, subject to his consent, he is transferred to another job; 6) when a conviction in respect of him becomes effective; 7)  if, by his conduct, he discredited the  status of the director; 8) if he fails to perform properly and in a timely manner the tasks and functions assigned under this Law and other legal acts for the Communications Regulatory Authority. 6. Director of the Communications Regulatory Authority shall issue orders and decisions, and the Council of the Communications Regulatory Authority shall issue resolutions.  The Government shall have no right  to repeal the orders and decisions of Director of the Communications Regulatory Authority  and/or resolutions of the Council  of the Communications Regulatory Authority. These legal acts may  be appealed to the court in a manner prescribed by the law. 7. The Communications Regulatory Authority shall be financed from the state budget and from the income of this Authority for services provided and works performed. Their object, scope and payment procedure, upon co-ordination with the Ministry of Finance, shall be determined by the Communications Regulatory Authority Council which shall also give a reasoned explanation of the costs of the services provided and works performed . Article 7. Tasks, Functions and Rights of the Communications Regulatory Authority Tasks of the Communications Regulatory Authority shall be as follows: 1) to ensure  conditions necessary for effective competition on the telecommunication services markets; 2) to ensure that there is no discrimination between telecommunications operators and telecommunications service providers and that they enjoy equal opportunities to enter into agreements on the interconnection of telecommunications networks; 3) to ensure compliance of the equipment and devices used in the Republic of Lithuania with obligatory requirements in force in the Republic of Lithuania; 4) to ensure that there is no discrimination between  the telecommunications service users, and that they are accorded equality of access to public telecommunications networks and public telecommunications services; 5) ensure that operators of public telecommunications networks and telecommunications service providers meet the obligations that may be imposed  in the interests of national defence, national security, the enforcement of public order as well as during emergencies; 6) ensure electromagnetic compatibility of equipment and devices; 7) ensure efficient usage of radio spectrum (channels) and telephone numbers; 8) ensure, within the limits of its competence, protection of the rights of telecommunications service consumers. Article 8.  Functions of the Communications Regulatory Authority Communications Regulatory Authority shall: 1) draft and approve the terms and conditions for engaging in telecommunications activities; 2) monitor compliance with the terms and conditions of telecommunications activities; 3) issue permits for manufacturing and use of equipment and devices and their sale, for the import and use of radio transmission and radio monitoring equipment and devices; approve Technical Regulations of Radio Equipment and Telecommunications Terminal Equipment and monitor the compliance therewith; 4) draft and approve obligatory requirements for equipment and devices, terminal equipment, the connection of terminal equipment to the public telecommunications network, and for the interconnection of telecommunications networks; 5) draft and approve regulations for the construction, use and protection of telecommunications networks, minimum quality requirements for public telecommunications services as well as regulations establishing the procedure for a joint use of conduits, cable ducts, collectors, towers, masts and other facilities by telecommunications operators and telecommunications service providers; 6) draft and approve general terms and conditions of agreements on the interconnection of telecommunications networks and the procedure for the resolution of disputes between telecommunications operators and telecommunications service providers concerning interconnection of telecommunications networks; 7) draft and approve radio communication development plans and legal acts regulating radio communication; 8) draft and submit to the Government for its approval the National Radio Frequency Allocation Table and implement it within the limits of its competence, together with the Lithuanian Radio and Television Commission, draft and submit to the Government for its approval the strategy for the allocation of radio frequencies for broadcasting and transmission of radio and television programmes, together with the Lithuanian Radio and Television Commission, in accordance with the strategy for the allocation of radio frequencies for broadcasting and transmission of radio and television programmes, draft and approve the strategic plan for the allocation of radio frequencies for broadcasting and re-broadcasting radio and television programmes (hereinafter - the Strategic Plan), covering inter alia the development of telecommunications networks intended for broadcasting radio and television programmes; 9) co-operate with telecommunications institutions of foreign countries and, within the limits of its competence, represent the Republic of Lithuania in international organisations and carry out international radio frequency co-ordination; 10) draft and approve lists and procedures of telecommunications activities,  the commencement and termination whereof shall be notified by an undertaking to the Communications Regulatory Authority as well as the requirements for the form and content of such notification; 11) draft and approve the National Telephone Numbering Plan, legal acts setting forth the procedure for the implementation of the Plan, draft and approve the procedure for the allocation and usage of telephone numbers, control and monitor their implementation; 12) draft and approve regulations for the provision of telecommunications services; 13) draft and approve conditions for access provision and standard conditions for operators’  offers concerning access; 14) examine disputes between telecommunications operators concerning the interconnection of telecommunications networks and a joint use of conduits, cable ducts, collectors, towers, masts and other facilities, access, as well as disputes between telecommunications service providers and users, within the limits of its competence and to the extent provided for by this Law, protect the rights and legitimate interests of the consumers, approve the procedure for the settlement of disputes between telecommunications service providers and users, including consumers; 15)  draft and submit to the Government or the authority designated by it for its approval proposals concerning the implementation of the strategy of telecommunications development and state policy in the telecommunications sector; 16) draft and submit to the Government or the authority designated by it for  approval proposals concerning the establishment of a price cap for universal services; 17) draft and submit to the Government or the authority designated by it for its approval the scope and quality requirements of universal services, the procedure, terms and conditions for the provision of these services, the procedure for and cases of imposing obligations on  telecommunications service providers to provide universal services; 18) approve the requirements for telecommunications devices located in a potential radiation zone; 19) approve the procedure for the granting of rights to engage in radio amateur activities, the terms and conditions for the engagement in those activities, and issue radio amateurs licences; 20) carry out radio monitoring, investigate radio interference and undertake  elimination of radio disturbance; 21) draft and approve legal acts setting forth the conditions for providing conditional access to the signals of transmitted, broadcast and re-broadcast television programmes; 22) monitor compliance with the norms and regulations for the installation and operation of master antenna television networks; 23) draft and approve legal acts setting forth the criteria and procedure for the definition of  the relevant market and determination of which  undertakings have significant  power in the relevant market; 24) in accordance with the provisions of this Law, monitor competition in the telecommunications sector, approve and carry out the market research procedure, carry out analysis and define relevant markets, determine the market share of undertakings and their position on the relevant market, determine which undertakings  enjoy significant market power and their obligations; 25) within the limits of its competence investigate and review infringements of this Law and apply sanctions to the infringers in cases and in the manner prescribed by this Law and other legislation; 26) undertake measurements for the assessment of the conformity of the technical parameters of the equipment and devices with obligatory requirements and assess the conformity of the equipment and devices as well as terminal equipment  with obligatory requirements; 27) assign radio frequencies/channels, radio call signs and telephone numbers and establish the usage parameters for radio frequencies/channels, telephone numbers and telecommunications networks as well as the conditions for the use of radio call signs; 28) adopt legal acts setting forth the requirements of compliance with international standards,  standards of the European Union  and national standards, specifications and/or recommendations relating to provision of services, technical interfaces and/or network functioning; establish the procedure for the application of standard specifications and/or recommendations of the international, European and other regional standardisation organisations and the standards of foreign states in the Republic of Lithuania; independently establish technical requirements for the aforementioned fields; 29) co-ordinate radio frequencies/channels, carry out international protection of radio stations/frequencies; 30) perform other functions provided by the laws and other legal acts of the Republic of Lithuania . Article 9. The Rights of the Communications Regulatory Authority The Communications regulatory Authority shall have the right: 1) to control compliance with this Law, telecommunications regulations and other legal acts on telecommunications activities; 2) to carry out certification of  equipment, devices and terminal equipment; 3) to control equipment and devices according to the parameters of radio emission; 4) to undertake radio monitoring; 5) under an obligation of confidentiality, to receive from state and local authorities, telecommunications operators and service providers as well as users of radio frequencies/channels and telephone numbers all the necessary information related to the fulfilment of the tasks entrusted to it, including financial information; aggregated information about individual telecommunications markets, data about the  number of the subscribers of operators, their income, and the volume of the telecommunications and call traffic may not be considered confidential information;  6) to assign radio frequencies/channels, radio call signs and telephone numbers, establish the usage parameters for radio frequencies/channels, telephone numbers and telecommunications networks, the procedure for the assignment of and conditions for the use of radio call signs, change the assigned radio frequencies/channels, radio call signs and telephone numbers or recall their assignment in a manner prescribed by this Law; 7) to establish advisory commissions and to approve their  regulations; 8) to have other rights provided by legal acts. Article 10. Inspectors of the Communications Regulatory Authority 1. Control functions of the Communications Regulatory Authority shall be performed by inspectors of the Communications Regulatory Authority. They shall be appointed and dismissed by the Director of the Communications Regulatory Authority. 2. The Communications Regulatory Authority inspectors shall monitor compliance with this Law and other legal acts adopted on its basis as well as the legal acts regulating the use of telecommunications networks and radio communication, the terms of conditions for telecommunications activities, check permits for the use of equipment and devices, monitor compliance with the Technical Regulations of Radio Equipment and Telecommunications Terminal Equipment, draw up records of administrative infringements, and seize the equipment and devices in cases prescribed by law. 3. The Communications Regulatory Authority inspectors, when discharging their official duties and on producing authority card and a document issued by the Communications Regulatory Authority certifying their authority and functions, shall have the right: 1)  pursuant to conditions and the procedure set out in this Law,  to obtain the necessary information; 2)  on producing a warrant issued by the court, to enter and carry out inspection in the premises, territory or vehicles used by an undertaking, to examine the documents of the undertaking necessary for the investigation, obtain their copies and extracts, and the information stored in computers and magnetic media; 3)  to obtain oral and written explanations from persons involved in the activities of undertakings  under inspection and to request their presence in the office of the authorised official carrying out investigation and give  explanations; 4)  to obtain data and documents or their copies on the business operations of the undertaking under inspection from other undertakings, irrespective of their subordination, as well as from state and municipal institutions; 5)  to inspect/audit business activities of the undertaking and to obtain conclusions on the basis of the inspection findings from the institutions of expert examination; 6)  to take temporarily, subject to a reasoned  decision on the taking of documents and/or items, for a time period of up to 30 days,  documents and items which are necessary for or have evidential value during the investigation of an infringement and leave a description of the documents and/or items taken and to request  copies of the foregoing documents; 7)  to seek assistance of specialists and experts for the investigation; 8)  to use, during the examination,  technical means in accordance with the procedure prescribed by law; 9)  to inspect the equipment on site; and 10) other rights provided by this Law and other laws. 4. The inspectors of the Communications Regulatory Authority, when exercising the rights granted to them may seek assistance of  police officers. 5. The inspectors of the Communications Regulatory Authority, when exercising  the rights granted to them, shall draft documents (notices, records, requests, etc.). Their form and the procedure of their completion shall be  established by the Communications Regulatory Authority. 6. The requests of the inspectors of the Communications Regulatory Authority submitted  in the course of their actions indicated in the present Article, shall be obligatory to persons, the administration and staff members of the undertakings. Penalties prescribed by this Law and other laws shall be applied in the event of non-compliance with the requirements. 7. Undertakings shall have a right to bring an appeal against the illegitimate actions of the inspectors to the Director of the Communications Regulatory Authority. The appeal shall be filed within 10 days from the date of committing the actions appealed against. The Director of the Communications Regulatory Authority shall reach a decision relating to the appeal within 10 days from the date of its receipt.  Where persons disagree with the decision of the Director of the Communications Regulatory Authority or where the Director of the Communications Regulatory Authority fails to reach a decision a decision within 10 days, the persons shall have a right to bring  an appeal with the court. Bringing of an appeal shall not suspend the relevant actions of the inspectors. 8. An application for authorisation for the actions referred to in paragraph 3(2) of this Article  shall be filed with the Vilnius Regional Administrative Court. The application  shall state the name of the undertaking/person, the nature of suspected infringements and the actions to be taken. The application for  authorisation of the actions shall be examined by a judge of the Vilnius Regional Administrative Court who shall deliver a reasoned order to  grant the application or to refuse it. The application must be examined and an order must be delivered within 72 hours from the moment of the filing of the application. If an inspector of the Communications Regulatory Authority disagrees with the order of a judge of the Vilnius Regional Administrative Court to refuse the application he is entitled to appeal it within 7 days at the Supreme Administrative Court of Lithuania. The Supreme Administrative Court of Lithuania must examine the appeal relating to  the order of the Vilnius regional Administrative Court within 7 days.  A representative of the Communications Regulatory Authority shall have a right to be present during the examination of the appeal.  An order handed down by the Supreme Administrative Court of Lithuania shall be final and not subject to appeal. When hearing applications for authorisation of the actions and appeals courts must ensure confidentiality of the information disclosed to them and of the actions to be taken.  In urgent cases, the relevant actions of inspectors of the Communications Regulatory Authority may be undertaken by a decision of the Director of the Communications Regulatory Authority. In such a case an application for an authorisation shall be filed at the court, in accordance with the procedure specified above, within 24 hours after making such a decision. Where a judge/court refuses to issue an authorisation they shall be discontinued, and the information obtained during the actions shall be immediately destroyed.   CHAPTER THREE REGULATION OF TELECOMMUNICATIONS ACTIVITIES Article 11. Designation of Undertakings Having Significant Market Power 1. Supervision of competition in the telecommunications sector, with the exception of supervision of competition undertaken by the Competition Council of the Republic of Lithuania pursuant to the Law on Competition of the Republic of Lithuania, shall be carried out by the Communications Regulatory Authority in co-operation with the Competition Council of the Republic of Lithuania following the procedure set forth in this Law and other legal acts. 2. The Communications Regulatory Authority, having completed market analysis, shall determine the undertakings enjoying significant market power. 3. The Communications Regulatory Authority shall establish a procedure for carrying out market analysis, draft and approve legal acts setting forth the criteria and procedure for market definition.  The procedure of market analysis shall consist of the following stages: definition of the market, analysis to establish if competition in the market is effective, determination of  undertakings having significant market power and establishing one or several obligations pursuant to this Law  for undertakings having significant market power.     4. The Communications Regulatory Authority, having established during market analysis an undertaking possessing more than 25 percent market share on the relevant market shall designate it an undertaking enjoying significant power on that market. 5. The Communications Regulatory Authority may designate an undertaking as having significant market power even where he has less than 25 percent of the relevant telecommunications market, or not to designate it an undertaking enjoying significant market power where he has more than 25 per cent of the relevant telecommunications market within the geographical territory of a state where he is authorised to engage in  his activities.  In the cases specified in this paragraph the Communications Regulatory Authority shall take into account the undertaking's ability to influence the market, its turnover relative to the size of the market, its control of the means of access to end-users,  its access to  financial resources and its experience in providing products and services in the relevant market. 6. A list of undertakings enjoying significant market power in the relevant market shall be published in the supplement Informaciniai pranešimai (Information Supplement) of Valstybės žinios (Official Gazette). 7. If after carrying out market analysis the Communications Regulatory Authority determines that the conditions set out in paragraphs 4 and 5 of this Article have changed, it shall adopt a new decision. 8. Before designating an undertaking as having significant power on the telecommunications market, the Communications Regulatory Authority shall notify the undertaking in writing within 28 days before the date of adopting decision. 9. Undertakings enjoying significant market power on the market of the provision of public telecommunications networks and/or public telecommunications services may  provide cable television network services only through a separate legal entity. 10. When carrying out supervision of competition on the telecommunications market, the Communications Regulatory Authority shall be entitled to obtain conclusions of the Competition Council. Article 12. Obligation of Transparency 1. An undertaking enjoying significant market power must make available to the public the information established by the Communications Regulatory Authority relating to access or network interconnection, including: 1) types of interfaces; 2) technical specifications; 3) network characteristics; 4) terms and conditions for the provision and use of access and network interconnection; 5) prices; 6) information on any planned changes important for access or network interconnection; this information must be announced within six months before the date of implementation of the planned changes. 2. The Communications Regulatory Authority shall determine a list of relevant markets where the obligation set forth in this Article shall be applied to undertakings having significant market power. 3. The Communications Regulatory Authority shall establish the scope of the information to be made available to the public, requirements for the extent of detail in it and the form of publication. The information referred to in paragraph 1 of this Article, including the terms and conditions for the geographical points of networks interconnection, testing of interconnection, a shared use of the telecommunications infrastructure and payment, the conditions for the choice of providers of telecommunications services and tariffs shall not constitute a commercial secret. Article 13. Obligation of Non-discrimination For the purposes of access and interconnection an undertaking with significant market power shall apply, with respect to other undertakings providing the same or equivalent services, similar conditions and shall provide services and information of the same quality and under the same conditions which he enjoys himself or provides to his units, subsidiaries or other related undertakings. Article 14. Obligation of Account Separation 1. An undertaking enjoying significant market power in the relevant market shall keep separate accounts of the costs relating to access and interconnection. 2.  For the cost accounting purposes the Communications Regulatory Authority shall establish cost allocation regulations and requirements related to cost accounting, including a requirement to undertake independent audit. Article 15. Obligation for Cost Orientation of Prices 1. An undertaking enjoying significant market power must provide access and/or network interconnection at cost-oriented prices, including reasonable return on investment. 2. The Communications Regulatory Authority shall have the right to demand from the operator to provide justification and evidence for the cost-based prices, including a reasonable return on investment. To this end the Communications Regulatory Authority shall have the right to set the cost-based price cap for the provision of access and/or network interconnection. 3. For the cost accounting purposes the Communications Regulatory Authority shall establish cost allocation regulations and requirements, related to cost accounting, including a requirement to undertake independent audit. Article 16. Obligation of Access Provision 1. An undertaking enjoying significant market power in the relevant market must provide access to other undertakings under the terms and conditions established by the Communications Regulatory Authority, as well as: 1) provide access to specified network elements and/or facilities to third parties; 2) not withdraw access to the facilities already granted; 3) provide the specified services for  resale; 4) grant open access to technical interfaces, protocols or other technologies indispensable  for interoperability of services; 5) provide co-location or other forms of telecommunications infrastructure sharing; 6) provide specified services necessary to ensure the provision of telecommunications services to the users; 7) provide access to the operational support systems or other equivalent software systems necessary to ensure effective competition in the provision of services  ; 8) interconnect networks or network facilities. 2.  When making a decision pursuant to paragraph 1 of this Article, the Communications Regulatory Authority must have regard to the following factors: 1) the technical and economic viability of  using or installing technical facilities, taking into account the type of access or interconnection involved 2) the feasibility  to provide the access requested, taking account of  the capacity available; 3) the initial investment of the facility owners and the investment risks; 4) the need  to ensure competition in the long term; 5) any relevant   intellectual property rights. 3. The Communications Regulatory Authority shall determine a list of relevant markets where the obligation set forth in this Article shall be applicable to the undertakings enjoying significant market power. Article 17. The Right to Engage in Telecommunications Activities 1. Undertakings shall have a right to engage in telecommunications activities without a separate prior authorisation from state institutions, pursuant to the requirements set forth in this Law and the provisions of legal acts adopted in accordance with the competence provided for in this Law. 2. The Communications Regulatory Authority shall adopt legal acts setting forth the general terms and conditions under which undertakings are entitled to engage in telecommunications activities. 3. The Communications Regulatory Authority shall approve a list of types of telecommunications activities subject to prior notification to the Communications Regulatory Authority by the undertakings if they intend to engage in such activities. 4. The Communications Regulatory Authority shall establish a list of information and documents to be submitted to it by an undertaking when notifying of the commencement of its activities, having regard to the sphere and scope of its activities. 5. Where the telecommunications activity is included in the list specified in paragraph 3 of this Article, the undertaking shall provide notification of its intent to engage in the activities not later than within 28 days before the start of activities. 6. The Communications Regulatory Authority, upon receipt of the undertaking’s notification of  the engagement in a telecommunications activity, shall issue, within a period of 7 days, a declaration to the undertaking confirming the receipt of the notification specifying whether the notification is in compliance with the provisions of the legal acts adopted by the Communications Regulatory Authority setting forth the general terms and conditions for the engagement of undertakings in telecommunications activities. 7. The Communications Regulatory Authority shall enter the undertaking in the list of telecommunications service providers and operators within 28 days after the receipt of an adequate notification. 8. The undertakings that are in compliance with the provisions of the legal acts adopted by the Communications Regulatory Authority setting forth the general terms and conditions for the engagement of undertakings in telecommunications activities shall be entitled to receive a declaration from the Communications Regulatory Authority confirming their compliance with the requirements of the aforementioned legal acts. The declaration shall be issued within 7 days after the receipt of the undertaking's request to be issued such a declaration. The Communications Regulatory Authority shall establish a procedure for the issue of the declaration. 9. The declarations referred to in paragraphs 6 and 8 of this Article shall specify, in addition, under what circumstances any telecommunications operator or telecommunications service provider, acting in accordance with the provisions of the legal acts setting forth the terms and conditions of engagement in a relevant telecommunications activity, shall have the right to install facilities, negotiate network interconnection and/or gain access or interconnect networks. 10.  Prior to terminating their telecommunications activity, the undertakings entered on the list of types of telecommunications activities approved by the Communications Regulatory Agency, shall notify the Communications Regulatory Authority thereof following the established procedure. 11. Undertakings engaged in telecommunications activities shall pay administrative charges to the Communications Regulatory Authority for services provided and works fulfilled; he Council of the Communications Regulatory Authority shall determine their scope, objects and payment procedure in co-ordination with the Ministry of Finance and shall duly motivate the costs of services provided and works fulfilled. Article 18. Rights of Telecommunications Service Providers and Operators 1. Telecommunications service providers and operators shall have the right:                         1) to provide telecommunications networks and/or services;                         2) to establish telecommunications infrastructure pursuant to the provisions of this Law;                         3) to negotiate, under commercial terms, interconnection of networks and interconnect networks;                         4) to have other rights and duties that are not prohibited by legal acts. 2. In addition to the rights specified in paragraph 1, operators of public telecommunications networks and providers of public telecommunications services shall also have the following rights:                         1) to negotiate the interconnection of networks with other operators of public telecommunications networks or providers of public telecommunications services operating under legitimate terms and, where appropriate provisions may be applicable to them, gain access and interconnect networks;                         2) provide universal services following the procedure established by the Government. Article 19. Provisions of Legal Acts Setting forth the Terms and Conditions for Engagement in Telecommunications Activities 1. The general terms and conditions for engagement in telecommunications activities established by the Communications Regulatory Authority must be substantiated objectively, taking account of the nature of  networks and/or services involved in the relevant telecommunications activity, non-transparent and proportionate. The Communications Regulatory Authority shall establish only terms and conditions specific for the telecommunications sector that are not set forth by any other legal acts. The Communications Regulatory Authority may impose obligations on undertakings engaged in telecommunications activities and enjoying significant market power or providing universal services in accordance with the terms and conditions and following the procedure prescribed by this Law. 2. Provisions of the legal acts of the Communications Regulatory Authority setting forth the general terms and conditions for the engagement of undertakings in telecommunications activities may only relate to: 1) conditions of the payment of fees related to the provision of universal services; 2) payment of administrative charges to the Communications Regulatory Authority; 3) conditions of interoperability of services and network interconnection; 4) access to telephone numbers from the National Numbering Plan by  end users; 5) implementation of legal acts on environment protection and territorial planning, including the provisions on granting of access to or use  of land holding and conditions linked to co-location and facility sharing„ including any financial or technical guarantees necessary for ensuring proper fulfilment of infrastructure works; 6) regulations for obligatory broadcasting (transmission) of television and radio programmes; 7) regulations for protection of personal data and privacy to the extent it pertains to the telecommunications sector; 8) regulations for consumer rights protection specific to the telecommunications sector; 9) restrictions in relation to the transmission of information of illegitimate or harmful content pursuant to the legal acts of the Republic of Lithuania; 10) the provision of information;                         11) providing a possibility for competent institutions to intercept  telecommunications traffic according to  the procedure laid down by  law; 12) conditions for the use of telecommunications during natural disasters or other exceptional  occurrences, ensuring communication between emergency services and institutions and broadcasts to the general public;                         13) measures  limiting exposure of the general public to electromagnetic fields caused by telecommunications networks;                         14) access obligations other than  specific obligations applying to  undertakings having  significant market power;                         15) maintenance of the integrity of public telecommunications networks including the conditions to prevent radio disturbances between telecommunications networks and/or services;                         16) security  of public telecommunications networks against unauthorised  access;                         17) conditions for the use of radio frequencies taking into account the fact that the use of radio communications equipment may be restricted only for the reasons pertaining to effective and proper use of the radio spectrum and avoiding harmful radio disturbances or reasons relating to public health;                         18) measures designed to ensure compliance with standards, specifications and/or technical requirements. 3. Telecommunications operators and telecommunications service providers shall submit to the Communications Regulatory Authority reports about their activities in the manner and under the conditions prescribed by this institution. 4. When determining general terms and conditions under which undertakings shall have a right to engage in telecommunications activities, the Communication Regulatory Authority shall ensure that vertically integrated undertakings providing telecommunications networks do not discriminate other undertakings by  giving priority to  their own activity. 5. The provisions of the legal acts of the Communications Regulatory Authority laying down the general terms and conditions under which undertakings shall have a right to engage in telecommunications activities may be amended in objectively justified cases and in a manner proportionate to the objective sought. The intended change must be announced in the supplement "Informaciniai pranešimai" (Information Supplement) of "Valstybės žinios" (Official Gazette) and interested parties, including service users and consumers, must be allowed a time period of at least 28 days, with the exception of exceptional occurrences, to provide their comments. 6. The Communications Regulatory Authority shall be entitled to grant the right, without any prior authorisation, to undertakings engaged in telecommunications activities to use radio frequencies/channels the number of users whereof is not limited. Article 20. Licences for Radio and Television Programme Broadcasters 1. The broadcaster using transmission services provided by a third party must have a licence issued by the Lithuanian Radio and Television Commission. The terms and conditions of the licence must be co-ordinated with the telecommunications operator which is to provide transmission services. 2. The broadcaster who has obtained a licence from the Lithuanian Radio and Television Commission giving it the right to establish and operate own telecommunications networks, must obtain authorisations from the Communications Regulatory Authority to establish and operate telecommunications networks. The terms and conditions of the said authorisations must comply with the basic technical conditions for telecommunications networks intended for broadcasting and/or re-broadcasting of radio and television programmes submitted by the Communications Regulatory Authority for tenders held by the Lithuanian Radio and Television Commission. 3. The technical conditions specified in the licence issued by the Lithuanian Radio and Television Commission shall be in conformity with basic technical conditions for the radio and television station frequencies/channels of co-ordinated activity and telecommunications networks for broadcasting and/or re-broadcasting of radio and television programmes provided by the Communications Regulatory Authority, including the radio frequency/channel and the time period of the use of this frequency/channel established by the Communications Regulatory Authority, which must be in conformity with the Strategic Plan. 4. The radio frequency/channel for the transmission service specified in the licence issued to a broadcaster by the Lithuanian Radio and Television Commission giving to the broad caster the right to make use of the service provided by a third party does not give the broadcaster the right to use this frequency/channel to establish his own radio and/or television stations  and/or  telecommunications networks.  Article 21. Regulation of Prices for Telecommunications Services 1. The prices for telecommunications services established by telecommunications service providers and telecommunications operators shall be supervised by the Communications Regulatory Authority in cases provided by this Law. 2. The Government shall establish a price cap for universal services. 3. Prices of providers of public fixed telephone services and operators of public fixed telephone networks having significant market power must be cost oriented, including reasonable return on investments. For this purpose the Communications Regulatory Authority may establish price caps for public fixed telephone services and the provision of public fixed telephone network for a specific telecommunications service provider or a telecommunications operator. 4. A telecommunications operator or a telecommunications service provider with significant market power shall be prohibited to cross-subsidise    services which are offered on a competitive basis. 5. Telecommunications operators and service providers must publish information on the prices and tariffs of services provided according to the procedure and within the time period prescribed by the Communications Regulatory Authority and submit it to the Communications Regulatory Authority. The published tariffs must be indicated clearly and precisely to the telecommunications service users. 6. Tariffs for telecommunications services offered by undertakings with significant market power must be established in a manner that would ensure freedom of choice for telecommunications service users between different services or service elements that are or may be provided individually, and that the tariffs are unbundled. Service users must be given an opportunity to chose individually supplementary services, i.e., services independent of the basic service or other supplementary services. 7. The tariffs established by telecommunications operators and service providers with significant market power shall be non-discriminatory and shall be applied equally with respect to all telecommunications service users of the same category. 8. The Communications Regulatory Authority shall have a right to adopt legal acts detailing the conditions and procedure for the implementation of the requirements set forth in this Article. 9. The Communications Regulatory Authority shall have a right to check the information provided by undertakings on the prices and tariffs for the services provided and to charge them with compulsory obligations. Article 22. Interconnection of Telecommunications Networks 1. All telecommunications operators and service providers whose list is established by the Communications Regulatory Authority shall have a right and duty to negotiate the interconnection of networks. Operators of public telecommunications networks and leased lines and/or service providers with significant market power must meet the requests of other telecommunications operators to interconnect public telecommunications networks under the conditions prescribed by this Law and the Communications Regulatory Authority. Telecommunications networks must be interconnected within 3 months after the day of receiving the request, unless the operators and/or service providers agree otherwise. 2. The interconnecting parties shall provide each other with all necessary information for the establishment of contractual conditions. An undertaking with significant market power in the relevant market shall use the information received only for t …