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LAW OF THE REPUBLIC OF ARMENIA

of August 13, 2005 No. ZR-176

About electronic communication

(as amended on 30-03-2021)

Accepted by General Court of the Republic of Armenia on July 8, 2005

Chapter 1. Introduction

Article 1. Law purposes

The purposes of this Law are:

1) assistance to development of electronic communication in the territory of the Republic of Armenia;

2) the maximum guarantee of impartial and open competition in the field of provision of services, means and the equipment of electronic communication;

3) ensuring availability of services of electronic communication in all territory of the Republic of Armenia;

4) ensuring protection of interests of users with services of electronic communication, the operators of networks of electronic communication and persons rendering services to electronic communication in the conditions of open market economy;

5) ensuring review of price level, having as much as possible brought closer them to actual expenses, and stimulation of increase in efficiency of activities in the field of;

6) ensuring effective regulation of area of electronic communication, including impartial and timely response to claims of consumers, and ensuring effective application of the legislation;

7) providing effective conditions for permissions to the terminal equipment;

8) ensuring effective use of limited resources, including segments of the radio-frequency range, satellite orbit and numbers;

9) stimulation of development in the Republic of Armenia areas of electronic communication by encouragement of cost-efficient investments into infrastructure and their use for the purpose of rendering services of electronic communication;

10) stimulation of implementation of modern technologies and increase in range of services;

11) implementation of the above-stated purposes so that the Republic of Armenia could fulfill the international obligations connected with liberalization of the markets of electronic communication.

Article 2. The concepts used in this Law

The basic concepts used in this Law make the following sense:

the affiliate - person who (directly or indirectly) owns other person or controls it is in ownership of the last or is controlled by it or together with the last belongs to the same owner (owners). In this concept "ownership" means possession more than 20 percent of equity (or equivalent to it equity);

amateur radio - the radio communication which is not pursuing the profit earning aims between radio fans, including communication which is directly connected with any threat of human life either warning of any accident or mitigation of consequences of accidents;

competent authority - the state body authorized by the Government of the Republic of Armenia which has the right to perform the powers allocated for it by this Law;

radio call signal - the combination of digits or letters used for identification of the radio-transmitting station;

placement provision of network by the operator to person, competent to render services, the physical area and specifications for ensuring necessary installation and necessary connection of the equipment of the last by means of physical and virtual placement;

The regulating person - the Commission created according to the Law of the Republic of Armenia "About regulating authority of public services";

the dominating operator - the operator who is recognized as the Regulating person holding dominant position in operation of public networks of electronic communication;

person dominating in rendering services, - person rendering services, which the Regulating person acknowledged holding dominant position in rendering any service of public electronic communication;

network of electronic communication - the transferring system, and in appropriate cases as well the podklyuchayushche-disconnecting or directing equipment and other resources allowing to transmit signals on cable, radio through optical or other electromagnetic means, including satellite network, the attached network and land network of portable communication, linear systems of electrical energy so that they were used for signaling irrespective of type of the transmitted data;

service of electronic communication - the service provided, as a rule, for remuneration, and fully or partially consisting of signaling on networks of electronic communication, and in appropriate cases - the directions of signals, however not including the services providing or exercising editorial control of the matter retold on networks of electronic communication;

the client or the subscriber - any person which is using services of public electronic communication, or who addressed for use of them. This concept does not extend to persons who offer or render communication services;

the ultimate user - any person using services of public electronic communication, however not offering those to the third parties;

radio frequency - the frequency of electromagnetic oscillations which is established for specifying of unit of component of radio-frequency range;

the radio-frequency range - the range of radio frequencies limited to the lower and upper extreme frequencies;

radio-frequency range - the set of the radio-frequency ranges approved by International union of telecommunication which can be used for functioning of radio-electronic means or high-frequency devices;

certain segment of the radio-frequency range - the range of the radio frequencies limited to the lower and upper extreme frequencies, selected from the radio-frequency range for use in particular purposes;

radio-frequency range of government value - the set of radio frequencies and radio-frequency ranges provided only for the state (government) bodies, including for needs of government communication, defense, state security and protection of public order of the Republic of Armenia;

permission to use of radio frequency - the permission issued according to this Law allowing to use certain segment of radio frequency;

identification code - the combination of digits characterizing the geographic location which is applied to identification of the operator providing services to public electronic communication or operating public network of electronic communication for the purpose of the organization of use of public network of electronic communication or its any part;

historically dominating operator or person which is historically dominating in provision of services - the Armenia Telefon Company company and legal successors of the last;

accession - physical and logical connection of two public networks of electronic communication used by persons rendering identical or different services to electronic communication as a result of which users of one person rendering services have opportunity to communicate with users of the same or other person rendering services or to get access to services of other person rendering services;

The Internet access - availability of the Internet or any similar global system for the purpose of connection of networks with each other, with use as the basis for communication protocols of transfers or the Internet protocols or any other protocols changing or replacing them;

person rendering Internet service - person rendering service the access Internet;

the leased line - all means of electronic communication providing possibility of transparency of transfer between points of origin and termination of network, however not including the connection shutdown functions controlled by the user;

regulated person - person having the obligation on submission of the license for network or permission to occupation of number or codes or use of radio frequencies or the notification according to this Law;

line infrastructure - that part of public network of electronic communication which is constantly attached to the earth or to bottom of water object and without restrictions includes cables, wires, insulating tubules and tubes of cable, radio tower or connection of hot bed, and also necessary crosswise connections. Devices for connection shutdown are not carried to this concept;

digital row - consistently spread out digital row which is used for operation of public network of electronic communication and rendering services of public electronic communication;

occupation of number or codes - provision to the operator of public network of electronic communication or person rendering services of public electronic communication, number which guarantees use by this operator or person rendering services, digital number, code of identification or short code;

the operator - any person authorized by the Regulating person to own public network of electronic communication and to exploit her for rendering services of electronic communication. The operator in case of rendering services through the network is considered person rendering services;

the license of network - the difficult license granted according to this Law which grants to licensed person the right to have and operate public network of electronic communication;

person - the physical person or legal entity identified by the legislation of the Republic of Armenia;

paragraph of the twenty eighth ceased to be valid;

public network of electronic communication - network of electronic communication, completely or generally used for rendering services of public electronic communication;

service of public electronic communication - the service of electronic communication offered society or such contingent of ultimate users thanks to which it in essence becomes directly available to society;

real time or almost real time - transfer of the message on such channels of which cross-network delays less than in 400 milliseconds or longer delays in any direction are characteristic if the Regulating person considers that the parties of communication also in this case perceive communication as occurring in real time;

short code or code of service - the number formed no more than of five digits, allowing subscribers to use the simplified set of numbers for receipt of entry to the operator or person rendering services to public electronic communication, help or the other person, including police, ambulance and rescue service;

person rendering services, - any person who is offering services of public electronic communication or provided Regulating the notification according to this Law authorized by the Regulating person;

voice service - rendering local or international service of the public electronic communication consisting fully or partially of two-way voice communication in real time or almost in real time irrespective of the foundation of technology laid in it and for which the public combined network is fully or partially used;

rate - conditions and the price of the services provided to consumers;

the terminal equipment - the equipment or part of the equipment which being connected to public network of electronic communication in dividing point in which the ultimate user and the equipment and (or) lines of person rendering services meet, allow to direct, develop or obtain information (voice, data, images and other).

Article 3. Limits of operation of the Law

1. This Law establishes the rights, obligations and responsibility of ultimate users, operators of public networks of electronic communication, persons rendering services to public electronic communication, the operators of private networks of electronic communication and state bodies connected with regulation of area of electronic communication, and also creation, development, operation of networks of electronic communication and rendering services of electronic communication and also the state control and supervision of provision and use of such limited resources what radio frequencies, segments of satellite orbit and number are.

2. This Law does not extend to persons providing the broadcast television and voice programs or to the infrastructures used only for such programs.

3. This Law does not extend to the networks of electronic communication which are only at the disposal, operation and use of the Government of the Republic of Armenia or provided only to it.

4. This Law does not govern the relations connected with any other networks of electronic communication except public networks of electronic communication, except as specified, when there is need for receipt of permission to use of limited resources, or the requirement for accomplishment of the conditions of compliance (certification) of the equipment provided by this Law, or need for implementation by competent authority of powers and the rights for the emergency situations specified in item 4 of article 4 of this Law.

Chapter 2. Public administration and regulation

Article 4. Functions of competent authority or bodies

Treat functions of competent authority:

1) development and implementation of policy in the field of development of electronic communication;

2) determination of the purposes of policy in rendering universal services in the Republic of Armenia;

3) periodic selection on own initiative or upon the demand of the Regulating person or any person of certain segments of the radio-frequency range for use in particular purposes. The competent authority for the purpose of ensuring accomplishment of the specified obligation shall:

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