2.In cases of force majeure and in emergency situations, in order to prepare for general mobilisation, national defence, and to ensure security and public order, the Government or the authority designated by it may give mandatory instructions, tasks and orders to telecommunications operators and telecommunications service providers, in the manner prescribed by the laws and other legal acts, to protect and maintain strategic telecommunications networks, and, if necessary, limit public access to telecommunications networks.
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3.Telecommunications equipment located in a zone of potential radiation must be in conformity with the requirements established by the Communications Regulatory Authority that must be followed by all telecommunications operators and service providers possessing such equipment.
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4.Telecommunications operators and telecommunications service providers must, in the manner prescribed by legal acts, record telecommunications events and their participants, at their own expense and with their own equipment ensure and provide continuous support to the possibility for entities of operational activities, inquiry and investigation bodies to control, in the manner prescribed by the law, and according to the warrant issued by the court, the content of information transmitted via telecommunications networks, as well as in accordance with the procedure established by the Government provide, free-of-charge, the information specified by the Government for crime prevention, investigation and detection to the entities of operative activities, inquiry and investigation bodies on the targets of operative activities as well as other subscribers needed for investigation and their telecommunications. Where entities of operative activities require information additional to that defined by the Government, they shall compensate to telecommunications operators and telecommunications service providers the requisite costs of providing such information.
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5.The authority designated by the Government - an entity of operational activities - shall make arrangements and provide, in the manner prescribed by the Government, technical possibilities for each entity of operative activities to independently monitor the content of information transmitted via telecommunications networks.
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CHAPTER EIGHT SUPERVISION OF COMPLIANCE WITH THE LAW
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Article 58Procedure of Supervision of Compliance with the Law
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1.The Communications Regulatory Authority shall have a right to request that telecommunications service providers and telecommunications operators or other persons having the right to use radio frequencies/channels and telephone numbers provide information necessary for checking compliance of an undertaking with legal acts setting out conditions for the engagement in telecommunications activities and conditions for the use of radio frequencies/channels and numbers as well as with his obligations imposed on him as an undertaking with significant market power or designated to provide universal services. The Communications Regulatory Authority shall establish a procedure for provision of information.
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2.Having established non-compliance of an undertaking with one or more provisions of the legal acts setting forth conditions for the engagement in telecommunications activities and conditions for the use of radio frequencies/channels and telephone numbers or non-compliance with one or more obligations imposed on him as an undertaking with significant market power or designated to provide universal services, the Communications Regulatory Authority shall inform an undertaking of its conclusions and provide an undertaking with an opportunity to express his views or eliminate violations within:
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1)one month after the date of mailing such a communication;
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2)a shorter time period approved of by an undertaking or established by the Communications Regulatory Authority in the event of a repeated infringement;
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3)a longer time period established by the Communications Regulatory Authority.
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3.Where an undertaking fails to eliminate infringements within the term specified in paragraph 2, the Communications Regulatory Authority shall be entitled, within two months after the date when the first communication about an infringement was sent, to apply remedies ensuring compliance with legal acts, including the established economic sanctions. The Communications Regulatory Authority shall notify an undertaking about the remedies taken and reasons for taking them within 7 days after the date when the decision to apply those remedies was made, by establishing a reasonable time period for an undertaking to comply with them.
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4.In the event of a substantial or repeated breach of provisions of the legal acts setting forth conditions for the engagement in telecommunications activities and conditions for the use of radio frequencies/channels and telephone numbers or non-compliance with one or more obligations imposed on him as an undertaking with significant market power or designated to provide universal services and where the remedies taken pursuant to paragraph 3 were insufficient to eliminate the breach, the Communications Regulatory Authority shall have a right to prohibit an undertaking from providing telecommunications networks or services or to suspend its right to use radio frequencies/channels and/or telephone numbers.
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5.Upon receiving evidence of violation of provisions of the legal acts setting forth conditions for the engagement in telecommunications activities and conditions for the use of radio frequencies/channels and telephone numbers or non-compliance with one or more obligations imposed on him as an undertaking with significant market power or designated to provide universal services, when such violations pose direct danger to public security and health or could cause major economic or operational problems to other providers or telecommunications networks or service users or could restrict freedom of choice of services to the major part of service users, the Communications Regulatory Authority shall have a right to take urgent temporary measures to rectify the situation before making its final decision. After taking such measures, the Communications Regulatory Authority shall provide the undertaking concerned an opportunity to express his views and suggest measures.
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6.The provisions of this Article shall also apply mutatis mutandis to persons using radio frequencies/channels and telephone numbers who are not yet engaged in telecommunications activities and to other persons who have violated the provisions of this Law.
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7.Persons who have violated the requirements of this Law shall be held liable under law.
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Article 59Provision of Information
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1.The Communications Regulatory Authority, pursuant to the provisions of the legal acts setting forth conditions for the engagement in telecommunications activities and conditions for the use of radio frequencies/channels and telephone numbers or due to specific obligations imposed on them as undertakings with significant market power or designated to provide universal services, shall have a right to request from the undertakings who are engaged in telecommunications activities only such information which is necessary to check compliance with this Law, assess procedures for granting the right to use radio frequencies/channels and telephone numbers and announce reviews of service quality and price, for clearly defined statistic purposes and market research as well as for the performance of other duties and functions of the Communications Regulatory Authority.
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2.When requesting that information be provided, the Communications Regulatory Authority shall inform undertakings about the purposes for which the information will be used.
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3.The Communications Regulatory Authority shall have a right to request that persons using radio frequencies/channels and telephone numbers who are not engaged in telecommunications activities, provide the information required by the Communications Regulatory Authority.
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Article 60Economic Sanctions and Their Extent
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1.The extent of economic sanctions imposed on undertakings shall be established taking due account of:
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1)the scope of damage caused by the violation;
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2)duration of the violation;
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3)circumstances extenuating or aggravating the liability of an undertaking;
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4)the income received by the undertaking as a result of the violation;
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5)the extent of the influence of each undertaking on the commission of the violation when several undertakings are involved in the commission of the violation.
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2.Extenuating circumstances shall consist in prevention by the infringing undertakings of the negative consequences arising due to the violation, assistance to the Communications Regulatory Authority during the investigation of the violation, and compensation of the losses or elimination of the damage caused.
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3.Aggravating circumstances shall consist in the interference by the undertakings with the investigation, concealing the committed violation, proceeding with the commission of the violation, ignoring the obligation imposed by the Communications Regulatory Authority to cease the illegitimate actions or a repeated commission of the violation for which the sanctions prescribed by this Law have already been imposed on the undertakings.
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4.When determining the extent of the economic sanction to be imposed, the Communications Regulatory Authority may acknowledge other circumstances not specified herein as extenuating circumstances.
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Article 61Execution of Fines
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1.An undertaking must pay the fine imposed upon him as an economic sanction as an economic sanction imposed by the Communications Regulatory Authority to the state budget within three months after the date of receipt of the resolution.
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2.Where there is a reasoned request of an undertaking, the payment of the fine imposed or its part may be deferred for up to six months at the decision of the Communications Regulatory Authority.
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3.Where an undertaking fails to pay the fine, it shall be enforced and paid into the state budget. The decision of the Communications Regulatory Authority shall be submitted for enforcement to a court bailiff following the procedure prescribed by the Code of Civil Procedure.
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Article 62Liability for Violations of this Law and other Regulations. Dispute Settlement
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1.Persons who have violated this Law and other regulations relating to telecommunications shall be held liable in accordance with the procedure prescribed by this Law and other laws.
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2.The Communications Regulatory Authority shall have a right to impose the sanctions set out in this Law and the Code of Administrative Offences for violation of this Law and other legal acts.
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3.The Communications Regulatory Authority shall settle disputes regarding the joint use of conduits, cable ducts, collectors, towers and masts, also disputes in respect of the terms and conditions of contracts or the amount of charges as well as other disputes between the telecommunications service users and service providers, and also other disputes in cases specified by this Law. Where the parties to the dispute disagree with the decision of the Communications Regulatory Authority, they shall have a right to appeal to court according to the procedure prescribed by the law.
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4.The settlement of disputes by the Communications Regulatory Authority shall be public, with the exception of cases when a closed hearing is necessary to protect state, official or commercial secrets or to ensure an individual’s right to the inviolability of private life.
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5.The Communications Regulatory Authority shall impose the following economic sanctions on a person who fails to meet the requirements set out in this Law:
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1)for violation of the conditions of telecommunications activities, conditions for the use of radio frequencies/channels or telephone numbers, the rights of consumers and users, non-compliance with the obligations imposed on an undertaking with significant market power or designated to provide universal services also for non-compliance with the decisions of the Communications Regulatory Authority adopted after resolution of a dispute or violation of the conditions of the Technical Regulations of Radio Equipment and Telecommunications Terminal Equipment– a fine of up to 3 per cent of the annual turnover of telecommunications activities, but not more than 300, 000 LT, and in the event of a repeated violation – of up to 5 per cent of the annual turnover of telecommunications activities;
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2)in the event of non-compliance with the obligations of the Communications Regulatory Authority to terminate the illegitimate activity or failure to provide information according to the procedure set out in this Law – a fine amounting to 5, 000 LT for each day of commission of/proceeding with the violation;
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6.The damage caused to undertakings by unlawful actions of the institutions regulating telecommunications activities or their officials shall be compensated in accordance with the procedure prescribed by law.
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CHAPTER NINE FINAL Provisions
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Article 63Continuity
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1.Undertakings shall have a right to proceed with the activities provided in licences or authorisations issued before the date of entry into force of this Law to the extent that it does not contradict the provisions of this Law.
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2.Undertakings holding licences or authorisations to engage in telecommunications activities at the time of entry into force of this Law shall have a right, within two months after the date of entry into force of this Law, to make a statement to the Communications Regulatory Authority that the provisions of this Law, in comparison with the valid licences and/or authorisations, will limit the rights of those undertakings. Having established that the circumstances pointed out by an undertaking are true and that they would cause unreasonable and disproportionate loss to an undertaking, the Communications Regulatory Authority shall have a right to introduce a transitional period not longer than 9 months, after the entry into force of this Law, provided that this will not affect the rights of other undertakings, by specifying which obligations provided in the Law will not be applicable to specific undertakings and what rights shall be retained.”
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Article 2Entry into Force
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1.This Law shall enter into force on January 1, 2003, except for Articles 3 and 4.
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Article 3Implementation
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1.The Government shall submit, by October 1, 2002, to the Seimas draft laws amending the laws related to the implementation of this Law.
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2.The Director of the Communications Regulatory Authority and members of the Council of the Communications Regulatory Authority appointed prior to the entry into force of this Law, shall continue in their office until the expiration of its term unless they are dismissed earlier, on the grounds specified in Article 6, paragraph 5 of the Law set out in Article 1 of this Law.
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3.The Communications Regulatory Authority shall have a right, by the date specified in Article 2 of this Law, to adopt legal acts for the implementation of the Law, including individual legal acts (specifying undertakings with significant market power, and other) provided that they do not enter into force before the date indicated in Article 2.
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Article 4Proposal to the Government
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It shall be proposed to the Government, to draft and approve, by January 1, 2003, a conception of the Law on Electronic Communications of the Republic of Lithuania, taking into account the new regulatory framework for telecommunications/electronic communications of the European Union.
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I promulgate this Law passed by the Seimas of the Republic of Lithuania.
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President of the Republic VALDAS ADAMKUS