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Bósnia 2

LAW ON COMMUNICATIONS OF BOSNIA AND HERZEGOVINA

I. INTRODUCTION AND GENERAL PROVISIONS

Article 1 Scope of the Law
Article 2 Definitions
Article 3 Responsibilities of the Institutions of Bosnia and Herzegovina in Respect of Communications
Article 4 Regulatory Principles of Broadcasting and Telecommunications

II. GENERAL PROVISIONS FOR TELECOMMUNICATIONS INFRASTRUCTURE

Article 5  Installation and Operation
Article 6 Temporary Approval for a Network Licence

III. TELECOMMUNICATIONS SERVICES

Article 7 Provision of Telecommunications Services
Article 8 Functioning and Maintenance of Telecommunications Services
Article 9 Obligations of Telecommunications Operators Providing Public Voice Telephony Services
Article 10 Granting of a Licence
Article 11 Transfer and Modification of a Licence

IV. UNIVERSAL TELECOMMUNICATIONS SERVICES

Article 12 Universal Telecommunications Services

V. TELECOMMUNICATIONS MARKET COMPETITION

Article 13 General Provision
Article 14 Telecommunications Operators with Significant Market Power
Article 15 Open Network Provision (ONP) and Interfaces
Article 16 Obligation to Negotiate
Article 17 Minimum Provision on Leased Lines
Article 18 Access to and Interconnection of Public Telecommunications Networks
Article 19 Scope of Interconnection
Article 20 Business Conditions and Tariffs
Article 21 Structural Separation and Separate Accounting
Article 22 Cost Accounting

VI. ADDRESSING AND NUMBERING

Article 23 Definitions
Article 24 Scope
Article 25 Numbering Plans
Article 26 Changes to Numbering Plans
Article 27 Number Portability, Carrier Selection, Carrier Pre-selection
Article 28 Numbering Management and Number Allocation
Article 29 Use of Addresses

VII. PROVISIONS ON RADIO FREQUENCY SPECTRUM

Article 30 Frequency Management and Frequency Allocation Plan
Article 31 Frequency Usage Plan
Article 32 Use of Radio Frequencies

VIII. RADIO AND TELECOMMUNICATIONS TERMINAL EQUIPMENT

Article 33 Radio and Telecommunications Terminal Equipment
Article 34 Essential Requirements
Article 35 Putting into Service and Right to Connect

IX. COMMUNICATIONS REGULATORY AGENCY

Article 36 The Agency
Article 37 Duties of the Agency
Article 38 Procedure for Making Rules of the Agency
Article 39 Council of the Agency
Article 40 Director General
Article 41 Decision-Making by the Council of the Agency
Article 42 Dismissal of Members of the Council of the Agency, and the Director General
Article 43 Provisions with Regard to the Agency’s Staff
Article 44 Financial Matters

X. PROCEDURAL PROVISIONS

Article 45 Complaints
Article 46 Enforcement Measures
Article 47 Appeals

XI. TRANSITIONAL AND FINAL PROVISIONS

Article 48 Continuity
Article 49 Transition of the Enforcement Panel
Article 50 Entry into Force and Publication 

 

I. INTRODUCTION AND GENERAL PROVISIONS   

Article 1
Scope of the Law  

1.         This Law regulates communications in Bosnia and Herzegovina, and the establishment and work of the Communications Regulatory Agency of Bosnia and Herzegovina in accordance with the Constitution of Bosnia and Herzegovina, which provides for the establishment and operation of common and international communications facilities.

2.          Communications shall include telecommunications, radio, broadcasting (including cable television) and associated services and facilities.

3.         This Law is without prejudice to telecommunications equipment installed and operated exclusively for the purpose of public security and defence and for the Communications Regulatory Agency. However, the frequencies used by such equipment shall be agreed with the Communications Regulatory Agency.  

Article 2
Definitions  

1.         Except as provided for in paragraph (2) of this Article, all expressions used in this Law shall have the meaning given to them in the General Framework Agreement for Peace in Bosnia and Herzegovina, the regulations and recommendations of the International Telecommunication Union or the recommendations of the Conference of European Postal and Telecommunications Administrations, as appropriate. 

2.      For the purpose of this law and the regulation of the communications sector: 

a)      Access means the making available of facilities and/or services to another undertaking under defined conditions, on either an exclusive or non-exclusive basis, for the purpose of providing telecommunications services;  

b)      Agency means the Communications Regulatory Agency of Bosnia and Herzegovina; 

c)      Broadcaster means any legal or physical person providing broadcasting; 

d)      Broadcasting means any point-to-multipoint emission of signs, signals, text, images, sounds or data by wire, optical fibre, radio, or any other electromagnetic means intended for general reception by the public by means of receivers adapted for the purpose; 

e)      Common facility means the system encompassing any of the following: issues in connection with the radio frequency spectrum and the management thereof; licensing of all broadcasters; licensing of all telecommunications operators providing an international service or any service being of importance to the whole population of Bosnia and Herzegovina; the establishment and maintenance of a licence fee system for both broadcasting and telecommunications; establishment of technical and quality standards; the numbering plan; the information required to create or maintain directory enquiry services as well as any specification, standard or rule necessary for ensuring the interoperability and/or interconnection of public telecommunications networks, and the compatibility of terminal equipment therewith; 

f)        Council of the Agency means the Council of the Communications Regulatory Agency; 

g)      Council of Ministers means the Council of Ministers of Bosnia and Herzegovina; 

h)      Directory database means, in relation to a public telecommunications network, a list which contains the names, addresses and numbers of persons who may be contacted by means of that service; 

i)        Frequency database means the record of frequency assignments made in the whole territory of Bosnia and Herzegovina; 

j)        Interconnection means the physical and logical linking of public telecommunications networks used by the same or a different undertaking in order to allow the users of one undertaking to communicate with users of the same or another undertaking, or to access services provided by another undertaking. Services may be provided by the parties involved or other parties who have access to the network. Interconnection is a specific type of access implemented between public network operators;  

k)      International telecommunications services means a telecom­munications service provided between Bosnia and Herzegovina and any other country; 

l)        Ministry means the Ministry designated in the Law of the Council of Ministers to be responsible for the relevant aspects of communications within the competence of Bosnia and Herzegovina; 

m)    Network termination point means all physical connections and their technical access specifications which form part of the public telecommunications network and are necessary for access to and efficient communication through that public telecommunications network;  

n)      Mobile telecommunications services means services whose provision consists, wholly or partly, in the establishment of radio communications to a mobile user, and makes use wholly or partly of mobile systems; 

o)      Public telecommunications network means a telecommunications network used wholly or mainly for the provision of telecommunications services; 

p)      Radio communication means any communication by means of radio waves; 

q)      Telecommunications network means transmission systems and, where applicable, switching or routing equipment and other resources which permit the conveyance of signals by wire, optical fibre, radio, or any other electromagnetic means, including but not limited to satellite networks as well as fixed and mobile terrestrial networks;  

r)       Telecommunications operators means public or private bodies, and the subsidiaries they control, which have been granted a licence for the provision of a public telecommunications network and/or telecommunications service; 

s)       Telecommunications services means services to the public that are normally provided for remuneration, and that consist wholly or mainly in the conveyance of signals on telecommunications networks, including but not limited to fixed, mobile and data; 

t)        User means a natural person or legal entity using or requesting a telecommunications service.  

Article 3
Responsibilities of the Institutions of Bosnia and Herzegovina
in Respect of Communications
  

1.      In order to carry out the constitutional provisions in respect of communications the Council of Ministers shall be responsible for policy-making, and the Agency shall be responsible for the regulation.

2.      The Council of Ministers shall be responsible for: