of August 18, 2008 No. 9
About approval of the Regulations on procedure for conducting checks in the field of electronic communications
In pursuance of part provisions (3) article 10 of the Law on electronic communications No. 241-XVI of November 15, 2007. (Official monitor of the Republic of Moldova, 2008, No. 51-54, Art. 155) DECIDES: Administrative board
Approve Regulations on procedure for conducting checks in the field of electronic communications it (is applied).
CHAIRMAN OF ADMINISTRATIVE NAREKIT COUNCIL |
Sergey Sytnik |
MEMBER OF COUNCIL |
To Yuriye Urs |
Approved by the Resolution of the NAREKIT Administrative board of August 18, 2008 No. 9
1. This provision establishes procedure for conducting checks and implementation of other, related actions in the field of electronic communications.
2. Check in the field of electronic communications is the activities performed by the National agency on regulation in the field of electronic communications and information technologies (NAREKIT), further - the Agency, for realization of the functions and powers established by the Law on electronic communications No. 241-XVI of November 15, 2007.
3. Check has the task ensuring strategy implementation of development in the field of electronic communications and implementation of supervision of observance of the current legislation by suppliers of networks and/or services of electronic communications.
4. Check is performed for the purpose of providing and encouragement of the competition and protection of the rights of final consumers in the conditions of transparency, impartiality and objectivity.
5. Check covers physical persons or legal entities which fall under action legislative and regulations in the field of electronic communications.
6. The terms used in these rules mean:
check - set of actions for check of accomplishment by suppliers of networks and/or services of electronic communications, provisions of the current legislation, one or group of specialists by visit of the corresponding suppliers or the invitation of their representatives in the Agency;
scheduled inspection - in advance provided check at suppliers of networks and/or services of electronic communications according to provisions of the current legislation, with the frequency established by it, but is not more often than once a year;
unscheduled inspection - check which does not correspond to the concept "scheduled inspection";
repeated check - check of accomplishment of instructions on elimination of the violations established in the previous inspection statement (planned or unplanned) which is considered component of the previous check;
the order about conducting check - the document signed by the director of the Agency or one of his deputies based on whom specialists or group of specialists are authorized to perform;
scope of checks - the list of actions which should be undertaken the specialist or group of specialists at conducting check;
supervision - set of actions taken by one or group of specialists, way of the continuous or periodic analysis of some data (statistical, results of the inspections which are carried out at other suppliers of networks and/or services of electronic communications which activities are connected with activities of the corresponding supplier, written testimonies of witnesses, etc.) or the tests specifying with some share of probability, on departure of the supplier from provisions of the current legislation without intervention in its activities. The agency in case of identification of unacceptable probability of departure, can initiate conducting check at the corresponding supplier.
7. The agency within the powers established by the current legislation performs:
1) observance of requirements of the laws, other normative and regulating acts in the field of electronic communications, except for checks of the provided litas. i) parts (3), Art. 7 of the Law on electronic communications No. 241-XVI of November 15, 2007;
2) observance of conditions of general permission or license;
3) respect for the principles, obligations and provisions on interconnection and access;
4) observance of the obligations assigned to the suppliers having considerable influence in the relevant market;
5) observance of conditions about financial contribution in fund of universal service;
6) accomplishment of the obligations assigned to suppliers of universal service;
7) observance of requirements of the regulating acts for use of resources of numbering;
8) service qualities of electronic communications, their compliance to conditions of general permission or license;
9) introduction of charges for issue of licenses;
10) introduction of regulating and monitoring payments;
11) observance of the rights of final consumers;
12) observance of requirements of the regulations concerning consideration of petitions;
13) observance of requirements of regulations in cases of emergence of the special and reasoned reasons;
14) observance of requirements of regulations in cases of conducting investigation for statement assessment on receipt of the license;
15) accomplishment of decisions of the Agency;
16) observance of the regulating documents developed by the Agency on ensuring consumer protection;
17) the authorized provision of networks and/or services of electronic communications;
18) availability of the license to use of limited resources (radio channels, radio frequencies, numbering resources) for provision of networks and/or services of electronic communications;
19) observance by suppliers of networks and/or services of electronic communications the public of obligations provided by part (2) and (3), Art. 20 of the Law on electronic communications No. 241-XVI of November 15, 2007 (except for provisions of litas. c) parts (3) the Art. 20, becoming effective since January 1, 2010);
20) transparency of rates and conditions of use of services of electronic communications public;
21) the accuracy of the information included in notifications and in card of the description abstraction of the network and/or services which is integral part of notification;
22) observance of the procedures established by the Agency, concerning conditions of use of the yielded radio frequencies;
23) ensuring implementation of non-charge emergency calls;
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