Text consolidated by Valsts valodas centrs (State Language Centre) with amending laws of




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Text consolidated by Valsts valodas centrs (State Language Centre) with amending laws of:

12 May 2005 [shall come into force from 8 June 2005];

26 October 2006[shall come into force from 9 November 2006];

3 May 2007 [shall come into force from 7 June 2007];

3 July 2008 [shall come into force from 29 July 2008];

12 June 2009 [shall come into force from 1 July 2009];

10 June 2010 [shall come into force from 14 July 2010];

16 December 2010 [shall come into force from 1 January 2011];

19 May 2011 [shall come into force from 8 June 2011];

6 November 2013 [shall come into force from 11 December 2013];

9 January 2014 [shall come into force from 7 February 2014];

13 March 2014 [shall come into force from 8 April 2014].

If a whole or part of a section has been amended, the date of the amending law appears in square brackets at the end of the section. If a whole section, paragraph or clause has been deleted, the date of the deletion appears in square brackets beside the deleted section, paragraph or clause.

The Saeima1 has adopted and

the President has proclaimed the following Law:



Electronic Communications Law


Chapter I

General Provisions




Section 1. Terms Used in this Law

The following terms are used in this Law:

1) subscriber line (local loop) – a physical line, which connects the public electronic communications network termination point at the subscriber’s premises to the telephone exchange cross or an equivalent facility thereof;

2) subscriber – a natural person or legal entity who or which has entered into a contract with an electronic communications service provider regarding the receipt of specific electronic communications services;

3) subscriber directory – a structured, ordered compilation of personal data in which by utilising specific attributes it is possible to find information regarding the relevant electronic communications merchant subscriber;

4) publisher of the subscriber directory – a natural person or legal entity who or which performs activities in order to publish a subscriber directory;

5) location data – data, which is processed in an electronic communications network or processed using electronic communications services and indicates the location of the terminal equipment of an electronic communications service user. For public mobile electronic communications networks, satellite networks and non-wire networks, which are utilised for the distribution of radio or television signals, it shall be the geographic location (address) of the terminal equipment of an electronic communications service user, but for public fixed networks, cable television and cable radio networks, and electricity cable systems to the extent that they are utilised in order to transmit electronic communications signals – the termination point address;

51) location information database – a database, which contains information regarding location data;

52) State electronic communications network for emergency situations – an electronic communications network which is established and used for the implementation of functions of the State authorities in emergency situations and which allows to transmit the protected information necessary for the implementation of the State administration functions;

6) voice telephony service – a public electronic communications service, which ensures the transmission of a voice signal between electronic communications networks or electronic communications network termination points connected to electronic communications terminal equipment within a real time scale;

7) significant market power – such a situation of an electronic communications merchant in a market, which is equivalent to a dominant position;

71) secured Trans-European Services for Telematics between Administrations (sTESTA) – an electronic communications platform which includes the physical electronic communications infrastructure and connections, as well as associated electronic communications services in order to ensure secure data exchange between public administration institutions of European Union Member States and European Union institutions;

72) [13 March 2014];

8) electronic communications merchant – a merchant or a branch of a foreign merchant who has the right to perform commercial activity, to ensure a public electronic communications network or provide electronic communications services in accordance with the procedures laid down in this Law;

9) electronic communications service – a service that is usually ensured for remuneration and which wholly or mainly consists of the transmission of signals in electronic communications networks;

91) State electronic communications service centre – an aggregate of technical means which ensures to the State authorities the infrastructure with high confidentiality, integrity and accessibility to the State information systems;

10) electronic communications service provider – an electronic communications merchant who provides publicly accessible electronic communications services, utilising the public electronic communications network;

11) electronic communications network – transmission systems, switching and routing equipment (including network elements which are not being used) and other resources, which irrespective of the type of transmitted information permits the transmission of signals utilising wires, radio waves, optical or other electromagnetic means in networks, including:

a) satellite networks, fixed networks (channel and packet switching networks, including Internet) and mobile terrestrial electronic communications networks,

b) networks, which are utilised for radio and television signal distribution,

c) cable television and cable radio networks, electricity cables systems to the extent that they are utilised in order to transmit signals;

111) construction of electronic communications networks – construction of electronic communications structures carrying out earth-moving, as well as assembly of frames, masts and equipment on the existing structures, if the security, bearing capacity or stability of constructions of the structure is deteriorated due to it and enhancement thereof must be performed;

112) installation of electronic communications networks – assembly of electronic communications network lines and equipment in the existing structures, between them, on supports, posts, masts, frames, cable ducts without carrying out earth-moving, assembly of radio equipment and antennae of electronic communications networks, if in compliance with a technical project for the installation of electronic communications networks (hereinafter – installation project) the security, bearing capacity or stability of the constructions of the structure is not deteriorated and enhancement thereof, as well as simplified construction or reconstruction of engineering network leads and internal engineering networks need not be performed;

113) reconstruction of electronic communications networks – change of a part of an electronic communications network or equipment thereof or other related works in a protective zone, or change of internal network of electronic communications, part thereof or equipment thereof, or change of the electronic communications network or amount of equipment part thereof, retaining the existing functions;

114) Electronic Numbering System (ENUM) – a global standard which ensures attachment of a telephone number to an Internet address;

12) provision of an electronic communications networkthe establishment, development, operation, control and provision of access to an electronic communications network;

13) terminal equipment – equipment (for example, telephone sets, facsimile machines, modems, data transmission equipment, private automatic telephone exchanges, private networks, and public pay telephones) that is intended for direct or indirect connection to public electronic communications network termination points;

14) end-user – an electronic communications services user who does not utilise such services to ensure electronic communications services to other persons;

15) geographic number – a national numbering plan number where part of its digit structure contains geographic information, which is utilised for routing calls to the physical termination points;

151) identifiable terminal equipment – a terminal equipment, for which the manufacturer has granted an identifier for the recognition in an electronic communications network;

16) scarce resources – the radio frequency spectrum, numbering and top level domain name (.lv);

17) called number identification – a value added service, in accordance with which, the number called is shown on the terminal equipment of another user or subscriber or public pay telephone before the establishment of the connection or during connection;

18) calling number indication – a value added service, in accordance with which the number of the user, subscriber or public pay telephone from which the attempted call or call occurs is shown on the terminal equipment of another user or subscriber or public pay telephone before or after the establishment of the connection;

19) call – a connection or attempted connection, which is performed utilising electronic communications services, which allows two-way communication in real time;

20) cable television network – an electronic communications network, which is intended mainly for the transmission or public distribution of radio or television broadcasts;

201) cable ducts – pipes placed in the ground or in constructions of structures or a set thereof and cable manholes or other underground premises provided for installation and utilisation of electronic communications cable lines;

21) harmful radio interference – interference, which endangers or otherwise seriously damages, interferes or repeatedly interrupts:

a) radionavigation communications,

b) radio communications, which are utilised for the protection of persons or property (security radio communications),

c) other relevant radio communications in conformity with laws and regulations, including the radio communications of other states, and

d) radio monitoring of the radio frequency spectrum performed by a competent authority;

211) fraud using numbering – calling, routing or receipt of a call using services or numbering intended for end-users as a result of which useless or artificial traffic arises which may express as uniform calls in uncharacteristic amount or duration of connection for a user or as calls which are made by an end-user or equipment connected to a termination point existing in Latvia or foreign states;

22) user – a natural person or legal entity, who requests or utilises publicly available electronic communications services;

23) application program interface – the software interface with which broadcasters or electronic communications service providers ensure access to enhanced digital television equipment for digital television or digital radio services;

24) right of use – the right to use scarce resources;

241) incorrect use of numbering – use of numbering not corresponding to the purpose of use of numbering determined in the national numbering plan, as well as initiation, routing or receipt of calls to geographic or non-geographic number that has not been activated or used in the public telephone network in the Republic of Latvia, or to a number of the public mobile telephone network which is not used for terminal equipment connection of an end-user in the public mobile telephone network of an electronic communications merchant of Latvia, except roaming in the public mobile electronic communications network;

25) national numbering plan – a numbering plan developed in accordance with the European Community national numbering utilisation requirements and international recommendations;

26) national radio frequency plan – a plan developed for the optimal radio frequency distribution in the territory of the Republic of Latvia in accordance with international agreements, conventions and standards;

261) next generation access (NGA) cable networks – broadband access networks consisting completely or partly of optical fibre elements which are able to ensure Internet access services for end-users with enhanced data transmission parameters (for example, higher traffic capacity) comparing to the existing copper cable networks;

27) non-geographic number – a national numbering plan number, which does not contain within it geographic information and is allocated for the purposes of electronic communications services numbering;

28) leased line – a permanent communications channel allocated or established in the public telecommunications network to transmit signals between two termination points indicated by a subscriber, without utilising switching and routing equipment;

29) traffic data – any information or data, which is processed in order to transmit information by an electronic communications network or to prepare accounts and register payments, except the content of transmitted information;

30) provision of numbering service – maintenance of a numbering database for the needs of numbering management, including any service, which is associated with provision of access to the information in such a database, and the processing thereof;

31) number – a string of unique decimal numbers, which characterises a termination point and which contains information for the routing of calls to such a termination point in conformity with the national numbering plan;

32) number portability service – a service, which provides a possibility for an end-user independently of the electronic communications merchant to retain for his or her use the given termination point number in a geographic numbering specified use territory or in any other location if the termination point number is not associated with geographic numbering;

33) operator – an electronic communications merchant who provides an electronic communications network or associated facilities;

34) operator (carrier) pre-selection service – a service provided by an electronic communications merchant and associated with the utilisation of numbering, which ensures subscribers access to any other electronic communications network commercial service connected to such merchant’s network on the basis of pre-selection with the possibility of revoking any pre-selection for each separate call by dialling the operator selection code;

35) operator (carrier) selection service – a service provided by an electronic communications merchant and associated with the utilisation of numbering, which ensures subscribers access to any other electronic communications network commercial service connected to such merchant’s network for each separate call by dialling the operator selection code;

36) enhanced digital television equipment – set-top boxes, which are intended for connection to televisions or integrated digital televisions and which may receive digital interactive television services;

37) interception point – a public electronic communications network termination point that technically ensures the connection of special equipment in order to acquire investigatory information from electronic communications networks in cases specified by law;

371) personal data protection violation – illegal personal data processing;

38) access – a service provided to another electronic communications merchant with specific conditions for access to equipment and services necessary for the ensuring of electronic communications services, including the use thereof for the distribution of information society services or broadcast content services. Access includes access to electronic communications network elements and the associated facilities thereof with wire or non-wire connections, especially access to the subscriber line, as well as equipment and services, which are necessary in order to ensure services in the subscriber line, access to physical infrastructure (including buildings, cable lines, cable ducts and antenna masts and towers utilised to ensure electronic communications networks), access to the relevant software systems (including operational support systems), access to information systems and databases in order to perform orders, deliveries, maintenance and damage prevention requests and preparation of bills, access to number translation or systems, which offer similar possibilities, access to electronic communications networks (especially for roaming), access to conditional access systems for digital television services and access to virtual network services;

381) access to data flow – provision of digital subscriber line services by the operator to another merchant of electronic communications so that it could offer broadband access to the Internet for the end-user;

39) value added service – a service, for the provision of which it is necessary such traffic data or location data processing, which exceeds the volume of data processing that is necessary for the provision of electronic communications services and to register payments;

40) termination point – the end point of an electronic communications network in which a user is ensured access to the public electronic communications network;

41) public telephone network – an electronic communications network, which is utilised to provide voice telephony services, as well as the provision of other services (including facsimile information and data transmission) between public electronic communications network termination points;

42) radio equipment – a radio station or any other equipment the basis of operation of which is the generation and transmission of radio waves, which may affect the operation of radio stations;

43) assignment of radio frequency – an individually specified radio frequency or radio frequency channel to ensure the operation of radio equipment, as well as the utilisation conditions and utilisation technical parameters;

431) hoarding of radio frequencies – inefficient use of the rights of use of the radio frequency spectrum which is characterised by coverage area, availability of electronic communications services for users and assignments of radio frequencies for the operation of the radio equipment;

44) radio station – one or more transmitters and receivers or a combination thereof, as well as ancillary equipment, which are necessary in the relevant location for maintaining radio communications;

441) registered user – a user who has presented to an electronic communications service provider his or her identification data;

442) data to be retained – the traffic data referred to in Annexes 1 and 2 to this Law, location data and the associated data thereof, which is necessary in order to identify the subscriber or user;

45) associated facilities – services, equipment or facilities (including buildings, internal installation of the buildings, switching centres, cable pits and sewerage, towers and other support constructions), which are associated with an electronic communications network or electronic communications services and which allow or support the provision of services via the referred to electronic communications network or electronic communications services;

451) associated services – services (including number translation or systems, which offer similar possibilities, conditional access systems and electronic programme guides, as well as other services, for example, identification services, services for detection of location and presence), which are associated with an electronic communications network or electronic communications services and which allow or support the provision of services via the referred to electronic communications network or electronic communications services;

452) special radio facilities – radio equipment, which are utilised intentionally for the needs of State defence and security to create harmful radio interference in order to hinder or discontinue undesirable radio communications;

453) spectrum allocation – allotting of certain radio frequency spectrum for one or several types of radio communications services;

46) interconnection – physical and logical connections among one and the same or various electronic communications merchant public electronic communications networks, which allow the users of one electronic communications merchant electronic communications service to communicate with the users of the same or another electronic communications merchant electronic communications service, or to access the electronic communications services that are provided by another electronic communications merchant. The parties involved or other parties who have access to the electronic communications network may provide services. Interconnection is a special type of access implemented between operators;

461) retransfer – the transfer of user rights granted to an electronic communications merchant to another electronic communications merchant, including sale and lease;

462) telephone directory enquiry service – any enquiry service, which utilising electronic communications services, publicly provides information regarding subscribers who have given their consent to have their data included in a publicly accessible subscriber directory, taking into account the restrictions specified by the subscriber;

47) universal service – the minimum volume of electronic communications services with a specified quality, which for an affordable price is accessible to all existing and potential users irrespective of the geographical location thereof;

471) [19 May 2011 / See Paragraph 20 of Transitional Provisions];

472) comprehensive subscriber directory – a subscriber directory in printed or electronic form, which contains data regarding all electronic communications merchant subscribers, who utilise the voice telephony services provided by the electronic communications merchant and have given their consent to have their data included in such a directory;

473) comprehensive telephone directory enquiry service – a telephone directory enquiry service, which, utilising electronic communications services, publicly provides information regarding all public telephone network operator (fixed and mobile) subscribers, who have given their consent to have their data included in a publicly accessible comprehensive subscriber directory, taking into account the restrictions specified by the subscriber; and

48) general authorisation – the rights and requirements laid down in laws and regulations for electronic communications merchants, which may include specific electronic communications sector conditions and which may be applied to all or to specific types of electronic communications networks or electronic communications services.



[12 May 2005; 26 October 2006; 3 May 2007; 3 July 2008; 10 June 2010; 19 May 2011; 9 January 2014; 13 March 2014]
Section 2. Purpose of this Law
The purpose of this Law is to:

1) promote the provision of electronic communications networks and the development of electronic communications services;

2) promote the development of competition in the provision of electronic communications networks and the provision of electronic communications services;

3) promote the implementation of a simplified and transparent electronic communications merchant registration regime;

4) ensure the regulation of electronic communications networks and electronic communications services independent of electronic communications technology;

5) ensure the rational and effective utilisation of scarce resources in the electronic communications sector;

6) ensure the protection of the interests of the State, users and electronic communications merchants;

7) promote the accessibility of the universal service;

8) ensure the integrity and interconnectivity of electronic communications networks, and continuity of electronic communications services;

9) ensure the protection of user data, including personal data.



[3 May 2007]
Section 3. Scope of Application of this Law
(1) This Law determines the competence, rights and duties of users, electronic communications merchants, private electronic communications network owners and State administrative institutions, which are associated with the regulation of the electronic communications sector, the provision of electronic communications networks and the provision of electronic communications services, as well as the use and administration of scarce resources.

(2) This Law shall also apply to the electronic communications networks that are necessary for the distribution of radio or television programmes. The Radio and Television Law shall determine the procedures for the establishment, registration, operation and supervision of broadcasting organisations within the jurisdiction of the Republic of Latvia.

(3) This Law shall not apply to the provision of information society services and the information content thereof, which are transmitted or received in electronic communications networks.

[12 May 2005]
Chapter II

State Administration in the Electronic Communications Sector
Section 4. Authorities that Manage the Electronic Communications Sector

[12 May 2005]
(1) The Ministry of Transport shall perform general State administration in the electronic communications sector within the scope of its competence.

(2) The administration of the radio frequency spectrum and numbering resources in the electronic communications sector according to the competence, as well as the accepting of technical projects for the installation of antennae, radio equipment and broadcast transmitters of electronic communications networks and base stations of mobile communications shall be ensured by the State stock company “Electronic Communications Office”.

(21) [3 May 2007]

(2²) The installation of electronic communications networks, as well as the supervision of construction shall be implemented by the institution laid down in the laws and regulations governing the field of construction.

(3) The electronic communications sector shall be supervised and regulated within the scope of competence laid down in this Law and in the Law On Regulators of Public Utilities by the Public Utilities Commission (hereinafter – Regulator).

(4) The protection of personal data in the electronic communications sector shall be supervised by the State Data Inspection. In order to ensure the referred to supervision, the State Data Inspection has the rights specified in the Personal Data Protection Law.

(5) The supervision and control of consumer rights protection in the electronic communications sector shall be ensured by the Consumer Rights Protection Centre within the scope of its competence.

(6) The drawing up and submission of the draft Cabinet regulations referred to in Section 47, Paragraph five (the radio frequency spectrum bands, for the efficient utilisation of which it is necessary to limit the allocation of the right to use the radio frequency spectrum for commercial activities in the electronic communications sector), Section 49, Paragraph one (radio frequency spectrum band allocation), Section 50 (a common radio frequency assignment use permit) and Section 56 (the national numbering plan) shall be ensured by the Ministry of Environmental Protection and Regional Development.



[12 May 2005; 3 May 2007; 12 June 2009; 16 December 2010; 6 November 2013; 13 March 2014]
Section 5. Competence of the Ministry of Transport
(1) The Ministry of Transport in conformity with its competence shall ensure in the electronic communications sector:

1) the State electronic communications network for emergency situations and the supervision of the security of the protected information necessary for the implementation of the State administration functions and transmitted therein;

2) the connection of the State electronic communications network for emergency situations to networks of international organisations and other legal persons for the realisation of State functions;

3) establishment, maintenance and operation of the State electronic communications service centre;

4) [16 December 2010];

5) secured Trans-European Services for Telematics between Administrations (sTESTA) in the territory of Latvia.

(2) The Ministry of Transport may delegate the functions referred to in Paragraph one of this Section according to the procedures laid down in laws and regulations.

(3) A legal subject, which has been recognised by the Ministry of Transport in accordance with the procedures laid down in laws and regulations and approved by an international organisation, which approves holders of the top level domain name – the corporation assigning Internet names and numbers – shall be considered the holder of the top level domain name .lv and the electronic numbering system. The Cabinet shall determine the requirements to be put forward for the holder of the top level domain name .lv register and the electronic numbering system, as well as the procedures for recognition thereof. The Ministry of Transport shall supervise the implementation of the requirements put forward for the holder of the top level domain name .lv and the electronic numbering system.

(4) The Ministry of Transport has the right to request and receive from an electronic communications merchant or State administrative institutions the information necessary to fulfil the functions of the Ministry of Transport.

(5) In order to implement their functions and to perform inspections, authorised Ministry of Transport representatives, providing prior warning thereof, have the right to access the premises, buildings and relevant equipment, which are utilised in the provision of electronic communications services or in the operation of the public electronic communications network.

(6) The administrative acts issued by the Ministry of Transport in the field of electronic communications may be appealed to a court. An application for the revocation, recognition as not in force or null and void of such administrative acts to a court shall not suspend the operation of the administrative act issued by the Ministry of Transport.

(7) The Ministry of Transport shall determine the policy for the development of electronic communications infrastructure and implement projects for the development of the electronic communications infrastructure, including the projects financed by the European Union funds.



[12 May 2005; 3 May 2007; 16 December 2010; 19 May 2011; 9 January 2014]
Section 6. Competence of the State Stock Company “Electronic Communications Office”

[6 November 2013]
(1) The State stock company “Electronic Communications Office” shall:

1) manage the radio frequency spectrum and numbering in order to ensure the rational and effective utilisation thereof;

2) provide electromagnetic compatibility and provision of numbering services;

3) plan the technical utilisation of the radio frequency spectrum and determine assignments of radio frequencies for the operation of the radio equipment;

4) allocate identification (call) signals for radio equipment;

5) harmonise and register the assignment of radio frequencies in accordance with the procedures laid down in international agreements and conventions binding to Latvia;

6) co-operate with the communication administrations of other states and participate in the work of international institutions and organisations in the communication sector in order to facilitate the effective utilisation of the radio frequency spectrum and services for provision of numbering;

7) perform radio monitoring of the radio frequency spectrum and measurements of radio equipment parameters;

8) examine applications regarding harmful radio interference to radio and television programme reception and the operation of radio communications, shall ascertain the source of such radio interference and take a decision on the elimination thereof;

81) take a decision to discontinue the operation of radio equipment used not in accordance with laws and regulations;

9) issue amateur radio certificates;

10) accept or reject technical projects for the installation of antennae, radio equipment and broadcast transmitters of electronic communications networks and base stations of mobile communications in accordance with the procedures laid down in Section 16, Paragraph one of this Law.

(2) In fulfilling the functions laid down in Paragraph one of this Section, the State stock company “Electronic Communications Office” shall independently take decisions and issue administrative acts.

(3) The administrative acts issued by the State stock company “Electronic Communications Office” may be disputed to the Ministry of Environmental Protection and Regional Development. The dispute of an administrative act issued by the State stock company “Electronic Communications Office” shall not suspend the operation of such an act if only the appeal institution does not take a decision to suspend it for the duration of examination of the complaint.

(4) The State stock company “Electronic Communications Office” shall for public paid services provided collect a fee in accordance with the procedures and in the amount stipulated by the Cabinet. The Cabinet shall determine the cases and procedures for the correction of tariffs.

[12 May 2005; 3 May 2007; 10 June 2010; 16 December 2010; 19 May 2011; 6 November 2013; 9 January 2014; 13 March 2014]
Section 7. Rights of the State Stock Company “Electronic Communications Office”

[6 November 2013]
The State stock company “Electronic Communications Office” has the following rights:

1) according to the procedures stipulated by the Cabinet, to request and receive from an electronic communications merchant, State administrative institutions or other persons, as well as State information systems, the information necessary to fulfil the functions of the State stock company “Electronic Communications Office”;

2) according to the procedures stipulated by the Cabinet, to access equipment, which creates or may create harmful radio interference, as well as to request the presentation of permits assigning the use of radio frequencies, conformity certificates or other documents associated with the utilisation of electronic communications;

3) in order to prevent harmful radio interference or the creation of such radio interference, to suspend the use of such radio equipment or any other equipment, which create or may create such harmful radio interference;

4) to suspend the operation of the radio equipment used not in conformity with the requirements of laws and regulations, performing sealing, stamping or disconnection from power supply.

[12 May 2005; 3 May 2007; 19 May 2011; 6 November 2013; 13 March 2014]
Section 8. Competence of the Regulator
(1) The Regulator shall, in addition to the competencies in the electronic communications sector laid down in this Law and the Law On Regulators of Public Utilities:

1) promote for end-users, including special social groups and especially disabled persons, the possibility to choose an electronic communications merchant, the electronic communications services provided thereof, and electronic communications service tariffs;

2) promote the development of the electronic communications market, transparently co-operate with other State institutions, other State regulators and European Union institutions;

3) [19 May 2011];

4) examine disputes between electronic communications merchants regarding interconnection, access, common use of associated facilities and leased line issues, as well as disputes between electronic communications merchants and users if the dispute is associated with claims by users, in accordance with the procedures laid down in the Law On Regulators of Public Utilities;

5) promote competition in the electronic communications sector;

6) supervise compliance with laws and regulations in the electronic communications sector;

7) ensure transparency of the activities by communicating to the public annual reports, as well as collect and communicate to the public information regarding the electronic communications sector in conformity with its competence;

8) [3 May 2007];

9) determine and publish in the official gazette Latvijas Vēstnesis [the official Gazette of the Government of Latvia] the requirements for subscriber lines (local loops) intended for unbundling of access and the procedures by which the unbundling of the access subscriber lines (local loops) or a part thereof and associated facilities and services occurs, as well as the procedures by which access to cable ducts is ensured in order to install cable networks of next generation access (NGA), and the procedures by which additional capacity of cable ducts is ensured during construction or reconstruction of cable ducts or building of the circuit of the electronic communications network in cases when building of back-up infrastructure is physically impossible or economically inefficient (in places where after performance of installation, construction or reconstruction works it is necessary to restore the covering of road carriageway or sidewalk, in places asphalting of which is planned in the subsequent two years, or in places in which the protection zone along the cable ducts for laying of one’s own cable will make the creation of a parallel protection zone impossible for the electronic communications network, etc.);

10) [12 May 2005];

11) determine and publish in the official gazette Latvijas Vēstnesis the procedures by which public consultations with market players, end-users, consumers, as well as consumers who are persons with disability, ensuring that the opinions of the referred to parties are assessed and intending that, in taking of a decision on rights of all end-users and consumers in relation to publicly accessible electronic communication services, the interests of consumers are duly taken into account, shall be performed;

12) determine and publish in the official gazette Latvijas Vēstnesis the methodology for the calculation of tariffs, and cost accounting and allocation methodology, as well as the methodology for the calculation of sufficient price difference of wholesale and retail services;

13) notify and send the regulators of the European Union Member States, the European Commission and the Body of European Regulators for Electronic Communications (hereinafter – BEREC) for co-ordination the total (draft) planned measures for one calendar month and substantiation thereof in relation to the definition of the electronic communications services market, the specification of electronic communications merchant with significant market power and draft decisions on the application, preservation, amendment or revocation of special requirements for such merchant, as well as regarding the planned obligations applicable to electronic communications merchants in respect of access, interconnection and measures, which may affect the trade between the Member States. The Regulator may, upon listening to and taking into account the opinion of the regulators of the European Union Member States, the European Commission and BEREC, make amendments to the total planned measures and applicable obligations and notify the European Commission thereof;

14) supervise the conformity with the laws and regulations in relation to roaming in public mobile electronic communications networks;

15) notify the European Commission and BEREC regarding all the decisions taken in relation to the definition of the electronic communications services market, the specification of electronic communications merchant with significant market power and draft decision on the application, preservation, amendment or revocation of special requirements for such merchant, as well as regarding the planned obligations applicable to electronic communications merchants in respect of access, interconnection and measures, which may affect the trade between the Member States;

16) support the objectives of BEREC in promoting of better regulatory co-ordination and coherence of the regulators of the European Union Member States;

17) in taking decisions in accordance with Sections 30, 31 and 31.1 of this Law, observe the opinions and common positions adopted by BEREC as much as possible;

18) co-operate transparently with the regulators of other European Union Member States, with the European Commission and BEREC, promote the development of the internal market of the European Union in order to ensure the consistent application of the obligations laid down in laws and regulations and in order to determine instruments and legal protection means in co-operation with the European Commission and BEREC which are the most appropriate for solving of particular situations in the market;

19) if it considers that there is an urgent necessity to act in order to ensure competition and protect the interests of users, may, by derogation from the procedure laid down in Paragraph one, Clause 13 of this Section, immediately take a commensurate provisional decision on measures to be taken, notifying the measures referred to in the decision to the European Commission, the regulators of the European Union Member States and BEREC and stating the substantiation thereof. If the Regulator decides to make the provisional decision as permanent decision or to extend the period of time during which it is applicable, it shall act in accordance with Paragraph one, Clause 13 of this Section;

20) compile the information regarding decisions of the Regulator which are appealed, general essence of appeals, number of submitted appeals, duration of appeal procedures and the number of decisions to grant interim measures, and provide it to the European Commission and BEREC upon substantiated request of the relevant institution;

21) promote the provision of the comparable information referred to in Section 9, Paragraph one, Clause 9 of this Law so that the end-users could assess independently the costs of use of alternative electronic communication services (for example, using interactive guides or similar sources of information). If such means are not ensured by electronic communications merchants free of charge or for reasonable price, the Regulator itself or via third persons shall make available such guides or sources of information to the end-users. The Regulator may determine the procedures by which electronic communications merchants ensure comparable information regarding tariffs of electronic communications services to end-users. Third persons have the right to use free of charge the information published by electronic communications merchants in order to sell or make available such interactive guides or similar sources of information;

22) examine cross-border disputes between parties, if one party is an electronic communications merchant of Latvia, but the other party – an electronic communications merchant of another European Union Member State, as well as cross-border disputes, which are within the competence of yet another European Union Member State. The Regulator shall co-operate with the regulator of the relevant European Union Member State and BEREC in examination of cross-border disputes. The Regulator may request that BEREC provides a recommendation regarding examination of cross-border disputes, and after receipt of the BEREC recommendation shall examine the cross-border disputes in accordance therewith. If necessary, prior to receipt of the BEREC recommendation the Regulator may determine the duties to be carried out during examination of cross-border disputes for the electronic communications merchant of Latvia. If a cross-border dispute is not examined within four months and a claim has not been brought to a court or if any of the parties of the cross-border dispute requests it, the Regulation shall continue the co-ordination of examination of cross-border disputes according to the BEREC recommendation.

(2) In conformity with the competence laid down in this Law, the Regulator shall independently take decisions and issue administrative acts, which are binding to specific electronic communications merchants and users. In the justification of the decision taken or administrative act issued the Regulator may take into account the recommendations of the European Commission in the relevant issue.



[12 May 2005; 3 May 2007; 3 July 2008; 10 June 2010; 19 May 2011; 9 January 2014]
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