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Regulatory Developments of Electronic Communications during 2009 in Lithuania

Regulatory Developments of Electronic Communications during 2009 in Lithuania. Outline of the Presentation. Part I. Organization of the NRA Part II. Telephone numbers Part III. Roaming Part IV. Radio spectrum matters Part V. Privacy

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Regulatory Developments of Electronic Communications during 2009 in Lithuania

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  1. Regulatory Developments of Electronic Communications during 2009 in Lithuania

  2. Outline of the Presentation Part I. Organization of the NRA Part II. Telephone numbers Part III. Roaming Part IV. Radio spectrum matters Part V. Privacy Part VI. Network and information security Part VII. Market analysis and related legal proceedings Part VIII. Future developments

  3. Part I. Organization of the NRA(infringement No. 2008/2259) In September 2008 the Commission started legal action by sending a letter of formal notice, • because Ministry of Transport and Communications responsible for telecoms performs certain functions assigned to national regulatory authority in the areas of frequency management and universal services while at the same time exercising, on behalf of the state, activities associated with ownership and control (’operational activities’) in certain state-owned telecoms companies. The lack of structural separation could undermine the impartiality of its regulatory decisions. In June 2009 the Commission stepped up legal action by sending a reasoned opinion.

  4. On 31 August 2009 Ministry of Transport and Communications sent the response to the Commission. • It was decided to transfer the functions of countersigning the Government's acts related to allocation of radio frequencies and regulation of universal electronic communications services to Ministry of the Interior. • Necessary drafts were prepared by Ministry of Transport and Communications in September 2009. • RRT doesn’t maintain the decision to delegate the functions of countersigning the above mentioned legal acts to the Ministry of the Interior, because the Ministry of the Interior is the designated State institution that oversees ownership and control of the public stock company “Infostruktūra” (provider of electronic communications services).

  5. Part II. Telephone Numbers On 15 February 2007 the Commission enacted decision on reserving the national numbering range beginning with “116” for harmonised numbers for harmonised services of social value. On 29 October 2007 the Commission enacteddecision amending Decision 2007/116/EC as regards the introduction of additional reserved numbers beginning with “116” In the National Telephone Communications Numbering plan, the numbering range beginning with “116” has been reserved to harmonised services of social value.

  6. 116000, 116111, 116123 PUBLIC TENDERS • On 24September 2008 the Public Tender for Granting the RightTo Use the number 116000 for the purpose establishing the Hotlines for missing children has been announced. • The public tender was terminated in October 2008 owing to lack of interest. • RRT is going to announce the Public Tender for Granting the Right To Use the number 116000 in October/November 2009 once again.

  7. On 16January 2009 the Public Tender for Granting the RightTo Use the number 116111 for the purpose establishing the Child helplines has been announced. • In March 2009 the winner of the public tender was recognized State Child Rights Protection and Adoption Service under the Ministry of Social Security and Labor. • Lithuanian Association of Telephone Emergency Services (LATES) claimed the tender results. • The claim was dismissed by RRT. • The final results of the public tender were announced on 24 April 2009.

  8. On 16January 2009 the Public Tender for Granting the RightTo Use the number 116123 for the purpose establishing the Emotional support helplines has been announced. • The winner of the public tender was recognized Lithuanian Association of Telephone Emergency Services (LATES). • On 8 April 2009 the final results were announced.

  9. Part III. Roaming On 18 June the Roaming Regulation No. 717/2007 was amended by Regulation (EC) No. 544/2009. Following drafts, introducing that these legal acts are applicable also to the relations arising from the amended Roaming Regulation, will be prepared by RRT soon: • Order Amending the Order on Approval of the Rules for settlement of disputes between providers of electronic communications services. • Order Amending the Order on Approval of the Rules for settlement of disputes between end users and providers of electronic communications services. • Order Amendingthe Rules of Imposition of Economic Sanctions.

  10. Part IV. Radio Spectrum Matters In 2009, the Commission enacted following legal acts concerning radio spectrum management: • 2009/381/EC: Commission Decisionof 13 May 2009 amending Decision 2006/771/EC on harmonisation of the radio spectrum for use by short-range devices. • 2009/343/EC: Commission Decision of 21 April 2009 amending Decision 2007/131/EC on allowing the use of the radio spectrum for equipment using ultra-wideband technology in a harmonised manner in the Community.

  11. The provisions on the usage of radio frequencies and devices of the mentioned Commission decisions are implemented in the following legal acts: • An amendment to the Order on Approval of the List of Radio Frequencies/Channels That May Be Used Without an Individual Authorization, implementing 2009/381/EC, is still pending. Will be approved in October 2009. • An amendment to the Order on Approval of the List of Radio Frequencies/Channels That May Be Used Without an Individual Authorization and an amendment of the Order on Approval the Plan on the Usage of Radio Frequencies, implementing 2009/343/EC, was approved in June 2009.

  12. Following drafts on radio spectrum matters are prepared by RRT: • New wording of the Resolution on the Approval of the National Table of Frequency Allocations. • New wording of the Order on Approval of the List of Radio Frequencies/Channels That May Be Used Without An Individual Authorization. • New wording of the Order on the Approval of the Plan on the Usage of Radio Frequencies.

  13. WiMAX • The results of the tender havebeen appealed against in administrative court by two of the contenders: JSC Alpha komunikacijos-2 and JSC Baltnetos komunikacijos. • Both appeals against the results of the tender were dismissed by the Supreme Administrative Court of Lithuania.

  14. Part V. Privacy • The Data Retention Directive (2006/24/EC)was adopted on 15 March 2006. • The amendments to the Law on Electronic Communications that transpose theData Retention Directive (2006/24/EC) were adopted by the Parliament on 14 November 2008. • The amendments entered into force on 15 March 2009.

  15. Part VI. Network and Information Security On 9 July 2008 Government of the Republic of Lithuania adopted amendments of the Regulations of RRT according to which functions of the national CERT (CERT.LT) has been assigned to RRT On 20 March 2009 the Regulations of national CERT were approved by RRT.

  16. Part VII. Market analysis and related legal proceedings In 2009 (2008) the Commission enacted the following legal acts concerning market analysis: • Commission Recommendation of 15 October 2008 on notifications, time limits and consultations provided for in Article 7 of Directive 2002/21/EC of the European Parliament and of the Council on a common regulatory framework for electronic communications networks and services(2008/850/EC) (implemented in 2009); • Commission Recommendation of 7 May 2009 on the Regulatory Treatment of Fixed and Mobile Termination Rates in the EU(2009/396/EC).

  17. The provisions on the market analysis of the above mentioned Commission recommendations are implemented in the following legal acts: • Order Amending the Order on Approval the Rules on Market Analysis, implementing Recommendation 2008/850/EC, was approved in February 2009. • Seeking to identify the necessary national measures for implementation of the Recommendation 2009/396/EC, the analysis of the market for wholesale voice call termination on individual public telephone mobile networks and market for wholesale call termination on individual public telephone network provided at fixed location is still going on. Preliminary results were notified to Commission in September 2009.

  18. Legal proceedings related to market analysis In February 2008 the Supreme Administrative Court of Lithuania ordered RRT to reconsider the remedies imposed as a result of the analysis of the wholesale broadband access market. • In April 2008, RRT petitioned the Court for renewal of the case. • In March 2009 the Court dismissed the petition. RRT's formal dispute resolution decision on LLU was adopted in 2007. • In January 2009 Vilnius Regional Court approved the peace treaty, made by the parties (SC TEO LT and JSC Baltnetos komunikacijos) concerned.

  19. Part VIII. Futuredevelopments • On 7 October 2009 Government has approved Rules on the Use of Lithuanian name in Internet Domain Names. Now persons have a right to use Lithuanian name under TLD “.lt” only when possessing authorization granted by RRT, with some exceptions. • Rules on the Use of Lithuanian name in Internet Domain Names establish: • the submission of documents to receive authorization; • the granting of authorizations to persons; • the cancellation of the authorization.

  20. The market needs a simple and flat institutional system and parallel regulatory principles. “We will establish an economic regulatory framework for the ICT market and restructure the institutional system accordingly, while applying general principles for all related ICT market segments, i.e. electronic communications, audiovisual and other content provided via electronic networks, electronic signature, information society (e-commerce) service segments, and concentrate regulation within one competent authority”.

  21. Deadline for legal framework revision, proposals on single competent authority within the ICT sector establishment – III Q 2010.

  22. Thank you for your attention.

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