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LAW OF THE REPUBLIC OF MOLDOVA

of November 15, 2007 No. 241-XVI

About electronic communications

(as amended on 16-12-2020)

The parliament adopts this organic law.

This law shifts:

- The directive 2002/19/EC of the European Parliament and Council of March 7, 2002 about access to networks of electronic communications and the accompanying infrastructure, and also their interconnection (The directive on access) published in the Official log of the European Union by L 108 of April 24, 2002;

- The directive 2002/20/EC of the European Parliament and Council of March 7, 2002 about authorization of networks and services of electronic communications (The directive on authorization) published in the Official log of the European Union by L 108 of April 24, 2002;

- The directive 2002/21/EC of the European Parliament and Council of March 7, 2002 about general framework of regulation of networks and services of electronic communications (The framework directive) published in the Official log of the European Union by L 108 of April 24, 2002;

- The directive 2002/22/EC of the European Parliament and Council of March 7, 2002 about universal service and the rights of users concerning networks and services of electronic communications (The directive on universal service) published in the Official log of the European Union by L 108 of April 24, 2002;

- The directive 2002/58/EC of the European Parliament and Council of July 12, 2002 concerning personal data processing and privacy protection in the sector of electronic communications (The directive on confidentiality and electronic communications) published in the Official log of the European Union by L 201 of July 31, 2002;

- The directive 2002/77/EC of the Commission of September 16, 2002 about the competition in the markets of networks and services of electronic communications published in the Official log of the European Union by L 249 of September 17, 2002;

- The directive 2009/136/EU of the European Parliament and Council of November 25, 2009 about change of the Directive 2002/22/EU on universal service and the rights of users concerning networks and services of electronic communications, the Directive 2002/58/EU concerning personal data processing and privacy protection in the sector of electronic communications and Regulations (EU) No. 2006/2004 about cooperation between national authorities on execution of provisions in the field of consumer protection published in the Official log of the European Union by L 337 of December 18, 2009;

- The directive 2009/140/EU of the European Parliament and Council of November 25, 2009 about change of directives 2002/21/EU on general framework of regulation of networks and services of electronic communications, 2002/19/EU about access to networks of electronic communications and the accompanying infrastructure, and also their interconnection and 2002/20/EU about authorization of networks and services of electronic communications, published in the Official log of the European Union by L 337 of December 18, 2009;

- Article 2-5 of Regulations (EU) 2015/2120 European Parliament and Council of November 25, 2015 about establishment of measures of rather open Internet access and regulated retail rates for communications in the EU and change of the Directive 2002/22/EC and Regulations (EU) No. 531/2012, of the European Union published in the Official log of L 310 of November 26, 2015, with the last modifications made by Regulations (EU) of 2018/1971 European Parliament and Council of December 11, 2018.

Chapter I. General provisions

Art. 1. - (1) This law establishes the basic rules and conditions of activities in the field of electronic communications in the Republic of Moldova, the main directions of policy and the strategy of development for this area by determination of powers of the central industry body, general bases of regulation of the activities connected with networks and services of electronic communications by determination of powers and tasks of regulating authority, the right and obligation of the state, physical persons and legal entities in the course of creation, management, use of networks of electronic communications for the purpose of providing users with high-quality, modern and necessary services of electronic communications at reasonable prices, and also providing open entry to public services of electronic communications.

(2) This law regulates activities in the field of civil electronic communications of all suppliers of networks and/or services of electronic communications irrespective of type of property and establishes the rights and obligations of users in all territory of the Republic of Moldova.

(3) Operation of this law does not extend to networks of special communication. Creation and functioning of these networks is regulated by the Government.

(4) This law does not regulate contents of information transmitted through networks of electronic communications, except for to information identifying the ultimate user.

Art. 2. - For the purpose of this law the following concepts mean:

the subscriber - any physical person or legal entity which signed the agreement with the service provider of electronic communications public on provision to it such services;

access - provision to other supplier under certain conditions, in exclusive or non-exclusive procedure, infrastructures and/or services for provision of services of electronic communications, including in cases when they are used for provision of services of information society or services of audiovisual programs. Access includes, in particular:

a) access to elements of network and the accompanying infrastructure which can imply connection of the equipment means of the fixed or mobile communication (in particular, access to subscriber loop, to infrastructure and the services necessary for provision of services by means of subscriber loop joins here);

b) access to physical infrastructure, including buildings, the sewerage and support;

c) access to the corresponding systems of the software, including systems of operational support;

d) access to systems of conversion of the caused numbers or to it is equivalent to functional systems;

e) access to networks of the fixed and mobile communication, in particular for roaming;

f) access to systems of conditional access for services of digital television;

g) access to services of virtual area networks;

h) access to information systems or databases for preorders, supplies, orders, requests for maintenance and repair and forming of accounts;

illegal access - connection and/or use by physical person or legal entity of network and/or service of electronic communications without the permission of the supplier of network and/or service;

untied access - the access which is not caused:

a) acquisition by the applicant together with necessary some products or services which are not necessary for provision of the declared access type;

b) acquisition of the forced amount of products or services exceeding the amount necessary for provision of the declared access type;

c) or are not connected by forcing of any commercial, technical or other conditions which are not necessary with provision of the declared access type;

joint access to subscriber loop or subloop - provision in the order of other supplier of part of handling capacity of subscriber loop or subloop that allows to use part of frequency or its equivalent, without change of properties of subscriber loop or subloop;

full access to subscriber loop or subloop - provision in the order of other supplier of all handling capacity of subscriber loop or subloop without change of properties of subscriber loop or subloop;

selection of radio channel or radio frequency - designation of one radio channel or one radio frequency for use by the user or category of users in certain geographical zone and under certain conditions;

challenge - the connection established by means of public service of electronic communications, allowing to establish bidirectional voice and/or video conference in real time;

assignment of radio channel or radio frequency - provision of technical permission to use of radio channel or radio frequency under certain conditions;

general permission - the legal regime providing the rights to provision of networks and/or services of electronic communications and establishing the obligations, characteristic of this area, applicable to all or to separate types of networks and services of electronic communications according to this law;

band of radio frequencies of government use - the band of radio frequencies provided for exclusive use in government needs (defense, national security, government communication, civil protection, police);

band of radio frequencies of non-governmental use - the band of radio frequencies provided for exclusive use in non-governmental needs;

band of radio frequencies of joint use - the band of radio frequencies provided for joint use by government and non-governmental users;

subscriber loop - the physical chain connecting termination point of network of electronic communications to the main distributor or equivalent element of the fixed network of electronic communications public;

collocation - provision of the physical areas and technical means necessary for placement and connection for the purpose of proper functioning of the corresponding equipment belonging to the user of the corresponding form of access;

electromagnetic compatibility - capability of the device, equipment or system it is satisfactory to work in the electromagnetic circle, without creating electromagnetic noises which can damage the equipment which is in this circle;

the message - any information which exchange or which is transferred between narrow group of people by means of public service of electronic communications. This concept does not join information transferred within service of public audiovisual programs for network of electronic communications in that measure in what this information cannot be carried to the certain subscriber or the user obtaining this information;

license conditions - set of the requirements and conditions established by National regulation agency in the field of electronic communications and information technologies according to the legislation which is directly regulating use of limited resources of the state in the field of electronic communications which observance is obligatory for the owner of the license;

the consent of the subject of personal data - any declaration of will, free, specific and informed which the subject of personal data agrees to processing of the personal data concerning it;

the consumer - any physical person using or requesting public service of electronic communications for the purposes which are not connected with its business or professional activity;

these locations - any data processed in network of electronic communications or by means of service of electronic communications, specifying the geographic location of the terminal equipment of the user of public service of electronic communications;

data of traffic - the data processed for the purpose of implementation of transfer of the message on network of electronic communications or for the purpose of forming of the account;

the domain of the highest level .md - the code of the Republic of Moldova assigned by Corporation on distribution of names and numbers on the Internet (ICANN) according to the international standard ISO-3166 as name of the domain of the highest level for identification of the country on the wide area network the Internet;

exclusive right - the right granted to one supplier by means of any the normative, regulating or administrative act which reserves for it the right to provide network or service of electronic communications or to perform other type of activity in the field of electronic communications in certain geographical zone;

the special right - the right granted to limited number of suppliers by means of any the normative, regulating or administrative act, which:

a) reserves for them the right to provide network or service of electronic communications or to perform other type of activity in the field of electronic communications in certain geographical zone differently, than on the basis of the objective, non-discriminatory and pro rata criteria allowing any concerned party corresponding to these criteria to have this right; or

b) gives them differently, than according to the criteria specified in Item and), the legitimate or regulatory benefits significantly influencing possibility of any other supplier to provide such network or service or to perform such activities in the same geographical zone on approximately equal conditions;

the advanced equipment of digital television - any decoder intended for connection with the television receiver or any digital television receiver with the built-in decoder, capable to receive interactive digital television services;

the equipment of electronic communications - any products produced by industrial method held for use in networks and/or services of electronic communications;

the terminal equipment - the equipment or its part connected directly or indirectly to termination point of network so that transfer, processing and acceptance of information became possible;

provision of networks of electronic communications - installation, operation, management or provision to the authorized third party of networks of electronic communications or the accompanying infrastructure;

the supplier having considerable influence in the relevant market - the supplier who separately or together with other similar suppliers, according to the analysis of the corresponding market, holds position in this market, equivalent dominating as it is determined by the legislation in the field of the competition;

the supplier of networks of electronic communications - the physical person or legal entity registered in the Republic of Moldova which activities consist, fully or partially, in provision of network of electronic communications;

the service provider of electronic communications - the physical person or legal entity registered in the Republic of Moldova which activities consist, fully or partially, in provision of services of electronic communications;

the service provider of Internet access - the service provider of electronic communications providing services of Internet access;

the accompanying infrastructure - the accompanying services, the physical infrastructure and other installations or elements accompanying network of electronic communications and/or service of electronic communications which allow to provide and/or provide provision of services by means of matching network and/or the corresponding service or have this potential and include, among other things, buildings or inputs in buildings, cabling of buildings, antennas, towers and other reference constructions, channels, pipes, support, niches and distribution box;

interconnection - physical and logical relationship of networks of the electronic communications public used by the same or different suppliers users of one supplier could contact users of the same or other supplier or could have access to the services provided by other supplier. Services can be provided by parties concerned or other parties which have network access. Interconnection - the special type of access realized between suppliers of networks of electronic communications public;

the program interface of appendix (API) - the program interface between the appendices provided by broadcasters or service providers, and the resources of the advanced equipment of digital television provided for services of digital television and radio;

harmful noises - noises which threaten functioning of radio navigational service or other security polices or which seriously worsen quality complicate or repeatedly interrupt work of the radio service working according to the applicable international and national regulating documents;

interaction - capability of two or more systems or their components to information exchange and its use;

violation of safety of personal data - the safety violation leading to the accidental or illegal destruction, loss, damage, unauthorized disclosure or access to the personal data transferred, saved or processed otherwise in connection with provision of public services of electronic communications;

the license - the document certifying right to use during the certain period of the limited resources specified in it (radio channels, radio frequencies, numbering resources), fully or partially, with obligatory observance of conditions of the license;

notification - the notification physical person or legal entity of regulating authority about intention to start provision of networks and/or services of electronic communications, containing the minimum set of information necessary for maintaining the Public register of suppliers of networks and services of electronic communications;

geographical number - number from the National plan of numbering which part of digits has geographical value and serves for routing of challenges to physical location of termination point of network;

not geographical number - number from the National plan of numbering which is not geographical. Those are among other numbers provided to mobile telephone communication, free numbers and numbers with the specific tariff;

the standard offer - the technical and commercial offer which contains terms and conditions of interconnection and/or access and by means of which the supplier undertakes to include in any sort the agreement on interconnection or access the minimum list of the obligations assigned to it;

technical permission - the document certifying right to use with observance of certain technical parameters, one or several stations of radio communication on the selected or appropriated radio frequencies or radio channels;

the relevant market - the market of products and/or services in the field of electronic communications which characteristics can justify establishment with the law of some preliminary (ex ante) of special obligations for the suppliers having considerable influence in this market;

The national plan of numbering - the official document determining resource allocation of numbering and establishing structure of the number ranks used in networks and services of electronic communications and also rules of forming at the national level of the resources of numbering used for provision of public services of electronic communications according to international treaties one of the parties of which is the Republic of Moldova;

e-mail - any text, voice, sound or graphical message sent through network of electronic communications public which can be stored in network or in the terminal equipment of the receiver before its opening by it;

termination point of network (NTP) - physical point in which the network access of electronic communications public is provided to the subscriber. In the networks assuming switching or routing, the termination point of network is identified by means of certain address of network which can be connected with number or name of the subscriber;

considerable influence - provision in case of which the supplier of networks and/or services of electronic communications, separately or together with other similar suppliers, holds in certain relevant market position, equivalent to dominating;

radio communication – electronic communication, osushchestvyolyaemy by means of radio waves; radio waves predstavyolyat themselves electromagnetic waves, rasprostranyayoyushchiyesya in space without artificial guides of systems;

numbering resources - any digits or codes serving for identification of subscribers and/or suppliers;

resources of radio-frequency range - band or subband of radio frequencies, radio frequencies and/or radio channels, held for use in radio communication;

limited resources - the limited resources of the state in the field of electronic communications including without being limited to it, radio-frequency range, resources of numbering and the accompanying technical resources;

technical resources - the resources necessary for identification of networks of electronic communications public or elements of networks of electronic communications public for the purpose of their work or for provision of public services of electronic communications;

withdrawal of general permission - exception of the supplier of the Public register of suppliers of networks and services of electronic communications with the termination of the right of provision of networks of electronic communications public or public services of electronic communications;

revocation of license - deprivation according to the current legislation of the owner of the license of right to use of limited resources;

network of electronic communications - transmission system and, on circumstances, the equipment of switching or routing, and also other resources allowing to perform signaling by means of physical, electromagnetic carriers or by means of other means, including communication satellite networks, the fixed communication networks (with switching of chains or package switching, including the Internet), land mobile networks, networks of electricity transmission in case of their use for signaling, the networks used for distribution of audiovisual programs, network of cable television irrespective of type of the transmitted data;

network of electronic communications public - the network of electronic communications used completely or generally for provision of public services of electronic communications, providing information transfer between termination points of network;

network of telephone communication public - the network of electronic communications used for provision of public services of telephone communication and allowing to perform speech communication or communication in other form, such as fax connection or data transmission between termination points of network;

network of special communication - the network of electronic communications intended for ensuring needs of bodies of the public power, defense, homeland security and public order;

roaming - services of the electronic communications rendered by means of network of mobile telephone communication public, the opportunity to receive and send voice telephone communications or transmitted data provided to users or to get access to other services of electronic communications when these users are not in geographical coverage of matching network, by means of other network as a result of the conclusion for this purpose of the commercial agreement between the service providers involved in it;

comparative selection - procedure of issue of licenses by means of which right to use of limited resources is provided occupied/won first place by results of assessment of the submitted offers based on packet previously established, for circumstances, technical, administrative and/or financial requirements;

competitive selection - the procedure of issue of licenses by means of which right to use of limited resources is provided to the winner of auction as result of the offer of the maximum value of collection for the license, having as starting point the minimum value established by the Government and at the same time with ensuring accomplishment, on circumstances, preliminary technical, administrative and/or financial qualification requirements;

the accompanying services - the services which are accompanying network of electronic communications and/or service of electronic communications, supporting and/or providing provision of services by means of matching network and/or the corresponding service or having this potential and including, in addition, conversion of numbers or system with equivalent function, systems of conditional access and electronic program schedules, and also services of identification, position fix and presence;

the service with value added - any service which requires data handling of traffic or the data of location other than data of traffic is, more, than it is necessary for transfer of the message or forming of the account;

service of electronic communications - the service provided, as a rule, for a fee and which is consisting, completely or generally in signaling through networks of electronic communications, including services of telecommunication and service of transfer by means of the networks used for distribution of audiovisual programs, but without delivery services of contents of information transferred by means of networks or services of electronic communications or on implementation of editorial control of this content; it also does not join the services of information society (in particular, services of electronic trading) which are not consisting completely or generally in signaling through networks of electronic communications;

service of large-format television - television service which consists fully or partially of the programs made and edited for large-format broadcasting. The format 16:9 is reference for services of large-format television;

it is excluded;

service of Internet access - the public service of electronic communications providing access to wide area network the Internet, and also communication between all terminal points connected to the Internet irrespective of the used network technology and the terminal equipment, except as specified, when some termination points of wide area network the Internet are unavailable for the reasons which are not depending on service providers of the electronic communications providing Internet access;

service of telephone communication public - the service provided to the population by the service provider of electronic communications, allowing to perform enrollment or receipt of local, national or international challenges including challenges under the IP protocol, access to services of the emergency help by means of numbers/numbers established by the National plan of numbering or the international plan of numbering;

universal service - the minimum set of services of the electronic communications of certain quality level available to all ultimate users on available rates irrespective of the geographical location and according to specific national conditions;

system of conditional access - any technical measure and/or the mode by means of which the possibility of implementation of access in open form to the protected service of distribution of audiovisual programs - on the basis of the subscription or other form of preliminary individual permission is provided;

radio-frequency range (range of radio frequencies) - the section of electromagnetic range covering radio waves with frequencies from kHz 8,3 to 3000 GHz;

the station of radio communication - one or several transmitters or receivers or combination of transmitters and receivers, including the service equipment, radio services, necessary for providing, in certain place or in certain zone of movement;

subband of radio frequencies - part of band of radio frequencies with certain width of transmission;

The national allocation table of bands of frequencies - the official document by which are established distribution of bands of frequencies between radio services and conditions of their use and also is determined category of bands of frequencies;

paid public phone - phone made available to the population, payment for use of which is made by cash (coins, counters), by means of credit or debit cards and cards of advance payment, including with use of access codes;

analog land television - system of television in which the decoder of broadcasting generates electric signal (video signal or picture signal and sound) in the range of radio frequencies of VHF and UHF which value constantly fluctuates between two limits determined by the minimum and maximum illumination of subject;

digital land television - system of television in which direct conversion of picture signal and sound to digital signal (the sequence of zero and units) and the return conversion of digital signal to picture signal and sound is made directly at the level of decoders illumination signal (by transfer) and signal illumination (in case of acceptance) in the range of radio frequencies of VHF and UHF;

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