On the basis of Articles 78 and 83, point 1 of the Constitution, upon proposal of the Council of Ministers,

THE ASSEMBLY OF THE REPUBLIC OF ALBANIA

DECIDED:

CHAPTER I.- GENERAL PROVISIONS

Article 1.-Scope of the law

The scope of this Law is to promote competition and efficient infrastructure through principle of technological neutrality in electronic communications and to ensure the right and adequate services in the territory of the Republic of Albania.

Article 2.- Exceptions from the Application of the Law

1. This Law is not applicable for the content of the services provided through the electronic communications networks.

2. This Law is not applicable for the communications equipments (particularly such as the radio systems and telecommunications terminal equipments) built up and used exclusively for country defense and security purposes. However, even in this case the frequencies use shall be defined according to the provisions of this Law.

3. This Law is not applicable for the radio and television broadcasts as long as it not provided otherwise in the legislation in force.

Article 3.- Definitions

In this Law the following terms shall have the following meanings:

1. “Access” means the availability of facilities and/or services of any operator under defined conditions, either on exclusive or non-exclusive basis, for the purpose of providing electronic communications services. It covers inter alia: access to the networks elements and associated facilities, which may involve the connection of equipment by fixed or non-fixed means (in particular this includes access to the local loop and to facilities and services necessary to provide and enable services over the local loop); access to the physical infrastructure, including buildings, ducts and masts; access to relevant software systems including the operational support systems; access to number translation or systems offering equivalent functionality; access to fixed and mobile networks, in particular for roaming; access to virtual network services.

2. “Authority of Electronic and Postal Communications” (hereinafter AKEP) is the regulatory body that supervises the legal framework defined by this law, and by the Law on Postal Services, as well as by the development policies for the field of the electronic communications and postal services defined by the Council of Ministers.

3. “General Authorization” – is an act of general nature, which consists of the legal framework defined by this Law and the regulations issued by the AKEP serving to its implementation, to ensure the right for providing the electronic communications networks or services, and laying down specific obligations that may be applied to all or to specific types of the electronic communications networks and/or services.

4. “Facility” as part of associated infrastructure of electronic communications, includes buildings, parts of a building, or independent premises within a building where the electronic communications equipments are installed, as well as the construction elements such as cable ducts, masts, antennas etc.

5. “Associated facilities” means those facilities associated with an electronic communications network and/or an electronic communications service, which enable or support the provision of services via that network or service.

6. “Network integrity” is the functioning and ability to enter/put in operation of the electronic communications networks that are interconnected with each other and the protection of those networks from the defects caused by the electromagnetic concerns and/or work load.

7. “Calling line identification” is a function that enables the called subscriber to identify the network termination point from which a call generates based on the number or code assigned to that network termination point.

8. “Connected line identification” is a function that allows the calling user to identify the networks termination point where the call ends based on the number or code assigned to that network termination point.

9. “Interference” is the influence of an unwanted energy caused by one ore more emission combinations, radiations or induction against the receiver in a radio communication system/station, which results in degradation of quality, misinterpretation or loss of information to be derived under conditions of loss of unwanted energy.

10. “Harmful interference” means interference which endangers the functioning of a radio navigation service or other radio-communications services offered for safety purposes or interference that seriously degrades, obstructs or repeatedly interrupts radio communications services, which are operating in accordance with this Law and other by-legal acts.

11. “Interconnection” means the physical and logical connection of public communication networks used by the same operator or different undertaking in order to allow the users of one operator to communicate with users of the same or another operator, or to access services provided by another operator. Interconnection is a specific type of access implemented between the operators of public communications networks.

12. “Numbering code” means a number or a combination of numbers without the national code “0”, which characterizes the called numbering area. If the National Numbering Plan is “open” and when the calling subscriber and the called subscribers are located in different numbering areas, this code is dialed before the number of the called subscriber.

13. “Communication” means information exchanged or transmitted between a limited number of users, but not including information transmitted as part of the radio-television broadcasting services via electronic communications network, except the cases where the information may be related to a well-known subscriber or user who receives such information.

14. “Leased lines” means a service including provision of transmission capacities between different points of the same network or different networks, without including the commutative functions controlled by its user.

15. “Minister” is the minister responsible for the field of electronic communications and postal services through the respective directorate.

16. “Interface” is the entirety of characteristics describing the connection point between two units of electronic communications such as for example between two communication networks, or between the communication network and the user’s handset. The interface might be equipment (hardware) or a program (software).

17. “Number” is an alpha-numeric range defined in the Numbering Plan that serves for addressing to the electronic communications networks and services.

18. “Numbers of emergency services” are numbers defined in the Numbering Plan for electronic communication services and networks for the police, the fire-brigade, emergency hospital numbers, warning and notification service, included in the European harmonized emergency number “112”.

19. “Geographic number” means a national number that belongs to a certain geographic region.

20. “Non-geographic numbers” means a national number that does not belong to a certain geographic region, and include:

a. numbers for access to public mobile communications networks;

b. numbers for access to value added services;

c. numbers for access to services for which the entire fee for the traffic to these services is paid by the services provider, i.e. toward numbers that are free of charge for the users (free phone, green numbers);

ç. numbers for access to services for which the fee for the traffic to these services is partially paid by the caller and partially by the provider of such service i.e. toward numbers assigned to the user according to e pre-determined relationship (numbers with cost division, blue numbers);

d. numbers for public nomadic telephone service

21. “Operator” means an undertaking/legal entity that offers or that is authorized to offer an electronic communications network or associated facilities;

22. “Operator of public communications network” means an undertaking, which has the right to construct, possess, lease and operate a public communications network and associated facilities and to provide public communication services.

23. “Provider of public communications service” means an undertaking that provides public communications services being provided with access to a public communications network operator.

24. “Provision of electronic communication network” means the construction, use, supervision or making accessible/available of such network.

25. “Provider of universal service” means an undertaking that provides the universal service.

26. “Terminal equipment” means the equipment connected to a network terminal point, which serves for transmission, reception and processing of communications.

27. “Electronic communications equipments” means technical equipments for emission, transmission, routing, commuting and/or receiving signals through electro-magnetic waves.

28. “Subscriber” means any natural person or legal entity who or which is a party to a contract with a provider of publicly available electronic communications services for the supply of such services.

29. “User” means a legal entity or natural person using or requesting a publicly available electronic communications services;

30. “End-user” means a user not providing public communication networks or publicly available electronic communications services;

31. “Network terminal point” means the physical point at which a subscriber is provided with access to a public communications network. In the case of networks involving switching or routing, the network termination point is identified by means of a specific network address, which may be linked to a subscriber number or name.

32. “Numbering Plan” means the structure of numbers and numbers’ ranges, as well as their allocation for ensuring access to the public electronic communications networks and services.

33. “National Frequencies Plan” is the document stipulating frequencies bands for different services and sets the basic conditions for the frequency allocation and assignment, aiming at effective use of the radio-frequencies spectrum and avoidance of interferences.

34. “Electronic mail” means any message in the form of text, sound or image sent over public communications network that can be stored in the network or in the recipient’s terminal equipment until recipient receives it.

35. “Local loop” means the physical communication circuit that connects the network termination point in the subscriber’s premises with the main distribution frame (MDF) or equivalent facility/equipment in the fixed public telephone network.

36. “Electronic communications network” means transmission systems and, where applicable, switching or routing equipment and other facilities, which permits the conveyance of signals by wire, by radio, by optical or by other electromagnetic means, including satellite networks, fixed (circuit-and packet-switched, including internet), mobile terrestrial networks, electricity cable systems, to the extent that they are used for the purpose of transmitting signals, networks used for the radio and television broadcasting, irrespective of the type of the information conveyed.

37. “Public communications network” means an electronic communications network used wholly or mainly for the provision of publicly available electronic communications services.

38. “Public telephone network” means an electronic communications network, which is used to provide publicly available telephone services. It supports the transfer between network termination points of the speech communication (voice), as well as other forms of communications, such as facsimile and data, etc.

39. “Public fixed telephony network” means a network, where the network end-points are placed on a fixed location.

40. “Public mobile communication network” means a network, where the network end-points are not placed on a fixed location.

41. “Undertaking” is any natural and/or legal entity, registered according to the legislation in force, which provides electronic communications networks or electronic communications services.

42. “Radio-frequencies spectrum” includes electromagnetic waves in the range of frequencies from 9 KHz up to 3000 GHz, which diffuse in space without the need for special lines.

43. “Electronic communications service” means a service normally provided for remuneration, which consists wholly or mainly in the conveyance of signals on electronic communications networks, including telecommunications services and transmission services in networks used for broadcasting or cable television networks, but exclude the services providing, or exercising editorial control over the content transmitted using electronic communication networks or services. It does not include the information society services, which do not consist wholly or mainly in the conveyance of signals on the electronic communications networks.

44. “Electronic communications service available to the public” means the electronic communications service, and none is preliminary excluded from its usage.

45. “Telephone service available to the public” means a service available to the public for generating and receiving national and international calls and access to emergency numbers through one or more numbers in a telephone numbering plan. This service may include provision of one or more of the following services:

a) operator’s service;

b) information searching services, telephone directory;

c) offering of public free phone;

ç) services at special conditions according to the provision in the Article 27, point 3 of this Law;

d) offering of special terminal equipment of telecommunications for the disabled consumers or those in need;

dh) access to the services with non-geographic numbers.

46. “Public land mobile telephony service” means the public telephony service, offered to the users through a public telecommunication network, whose terminal points are not in fixed locations, enabling users to communicate within the areas covered by such service, nevertheless their location.

47. “Public fixed telephony service” means the public telephony service provided to the users by means of terminal equipment connected to terminal points in fixed location of public communication networks.

48. “Nomadic public telephony service” – is the public telephony service provided to the users through an electronic communications network where users’ terminals are connected to terminal points of the fixed network that can be located in different geographical units.

49. “Radio-communications services” means the activity of communications that includes transmission, emission, and reception of signals through radio waves.

50. “Information Society Services” means services provided for remuneration, at a distance, through electronic means and upon individual request of the recipient of the service. “At a distance” means that the service is provided without the two parties being present simultaneously. “Through electronic means” means that the service is sent from the point of origin and received at the final destination by electronic equipment for processing (including digital compression) and data storage. Sending, transmission and receiving is made fully via cable, radio waves, optical means, or other electromagnetic means. “Upon individual request of the recipient of the service” means that the services are provided with the transmission of data upon individual request.

Information society services include, in particular, the sales of good and services, services of access to information or advertising over the Internet and access to public communications network services, transmission of data, or storing the recipient’s data in the public communications network.

51. “Value added service” means a service, which provides information, toward a payment, through the public communication network.

52. “Universal service” means a minimum set of public electronic communication services of specified quality which is available at an affordable price to all users in the territory of the Republic of Albania, regardless their geographic location.

53. “Cost-oriented tariff” means the tariff that reflects the cost of efficient and fruitful usage, enabling a reasonable profit for the undertaking/operator.

54. “Public pay telephone” means a telephone available to the general public, the use of which is paid for by such means as coins, and/or credit cards, and/or pre-payment cards, including cards for use with dialing codes.

55. “Traffic communication data” means any data processed for the purpose of the transmission of communications on an electronic communications network, or for the billing thereof.

56. “Location data” means any data processed in an electronic communications network that indicates the geographic position of the terminal equipment of a user of electronic communications network.

57. “Radio-television broadcasting” means transmission of radio or television program services via a terrestrial antenna, electronic communications network or satellite in coded or not coded form, aimed at reception by the public.

58. “Call” means a connection between two end points, materialized through the telephone service available to the public, which allows the bi-directional communication.

59. “Numerical geographic area” means a defined geographic region/area, which has a certain numbering code.

CHAPTER II.-COMPETENT BODIES IN THE FIELD OF ELECTRONIC COMMUNICATION AND THEIR COMPETENCIES

Article 4.- Competent bodies in electronic communications field

The competent bodies in the electronic communications field are the Minister, the Authority of Electronic and Postal Communications (AKEP) and the National Radio and Television Council (NRTC).

Article 5.- Minister’s Competencies

The Minister has the following competences:

1. Prepares and presents to the Council of Ministers the proposal for the policy on electronic communication field.

2. Follows the implementation of the Policy of the Government in the Republic of Albania relating the electronic communication field.

3. Prepares the legal and by-legal draft-acts for the development of the electronic communication field.

4. Can issue orders and instructions for completing the regulatory framework defined by this Law and Government’s policies in the sector of electronic communications.

5. Represents the Republic of Albania in international organizations in the field of electronic communications. Drafts and signs international bilateral and multilateral agreement in the field of electronic communications on behalf of the Republic of Albania.

6. Follows the implementation of the obligations related to the electronic communication field arising out of the international treaties, where the Republic of Albania adheres.

7. Collects and processes statistical data from the undertakings that perform their activity in the field of electronic communications.

8. Cooperates with the Ministry of Defense, the Interior Ministry and National Informative Service for issues of the electronic communication field, which are related to the defense and national security.

9. Prepares the National Radio-frequencies Plan and works for the harmonization of this plan with the international policies on the development of the radio-frequencies spectrum.

10. Approves the possible limitations in allocation of the frequencies and respective tendering procedures for their allocation, based on AKEP proposals.

11. Approves the providers of universal service, and the respective procedures on selection of the universal services provider/providers, based on AKEP proposals.

12. Coordinates national services of coastal radio interconnection.

13. Supports the radio-amateur activity in the Republic of Albania.

Article 6.- Authority of Electronic and Postal Communications

1. The Authority of Electronic Communications is the regulatory body in the field of electronic communications and postal service which supervises the regulatory framework defined by this law, and by the Law on postal service and the development policies defined by the Council of Ministers.

2. AKEP is a public, independent, non-budgetary, legal entity, which exercises its activity in compliance with legislation in force. AKEP in its work and decision-making within its competencies is independent. Location of AKEP is in Tirana.

Article 7.- Regulatory Objectives

1. AKEP shall perform its functions in compliance with this Law and other by-legal acts, as well as in accordance with the national sector policies for the development of the electronic communications, and in compliance with the international agreements in the field of electronic communications, where the Republic of Albania adheres.

2. Regulation in the electronic communications field shall respect the principle of technology-neutrality. New technologies and services, as well as the newly created markets shall be subject of regulation under this law up the measure necessary to prevent the deformation of the competition and to meet the objectives of this law.

3. AKEP shall promote effective competition in the provision of the electronic communications networks, electronic communications services, associated facilities and services by:

(a) creating opportunities for every category of users of the electronic communications services, including the users with special needs, that toward the tariffs, in every case not higher than EU average tariff, based on the selection to benefit maximally alternative service, qualitative and in compliance with the standards approved by AKEP;

(b) protecting the interests of the electronic communications users, protecting the users’ personal data and privacy;

(c) protecting the national security interests;

(ç) ensuring free and effective competition in the electronic communications sector;

(d) ensuring that the integrity and security of the public electronic communications networks are maintained;

(dh)encouraging efficient investment in the infrastructure of the electronic communications and prompting innovation aiming at achieving the highest quality for their products;

(e) encouraging efficient use of the radio-frequencies and the numeric space as limited natural resources;

(ë) ensuring non-discrimination and parity in the treatment of undertakings providing electronic communications networks and services.

Article 8.- AKEP Competencies

In order to meet the purpose and the regulatory objectives under this law, AKEP shall have the following competencies:

(a) to supervise, control and monitor the activities of electronic communications networks operators and providers in compliance with this Law, and other by-acts serving to the implementation of this law;

(b) to regulate access and interconnection between electronic communications networks in compliance with stipulations of this law, by-legal acts for its implementation, and to ensure that the undertakings are not discriminated and they have equal opportunities and transparent, objective and fair conditions;

(c) to approve the reference offer for the access and/or for interconnection, as well as the reference offer for the unbundled (not restricted) access to the local loop of the Operators with significant market power, which shall be in compliance with requirements of this Law, the by-legal acts, as well as with tariffs not higher than EU average tariff;

(ç) to designate the undertakings (operators) with significant market power.

(d) to conduct the registration of operators of the electronic communications networks and providers of electronic communications services in the end of the notification process;

(dh) to undertake measures and defines protective measures on the operators of the electronic communications networks and providers of the electronic communications services for not allowing non-competitive practices.

(e) to cooperate with the Minister on preparation of the National Radio-frequencies Plan;

(ë) to prepare the Radio-frequency Usage Plan and to administer the radio-frequencies bands assigned for civil purposes, public or private usage, except the frequency band assigned for the radio and television broadcasting, which are administered by NRTC;

(f) to monitor the use of the radio-frequency spectrum in compliance with the National Radio-frequency Plan (NRFP) and Frequencies Usage Plan;

(g) to issue individual authorization for radio frequencies usage;

(gj) to follow the procedures stipulated by the law on the radio-frequency allocation and use, following the respective approval;

(h) to conduct the coordination of radio-frequency allocation and use with the administrations of neighboring and other countries, related to the part of the spectrum it administers;

(i) to prepare, approve and administer the National Numbering Plan for the electronic communications networks and services in the Republic of Albania;

(j) to assign numbers and numbers’ ranges to the operators of the public electronic communications networks and providers of electronic communications services;

(k) to administer cc.TLD.al domain, its sub-domains, as well as ENUM.

(l) to undertake administrative measures in compliance with this law in cases of violation of this law and acts issued for the implementation of this Law.

(ll) to supervise implementation of requirements of this law on tariffs of the electronic communications services available to the public and to take the appropriate regulatory measures for the implementation of this Law.

(m) to manage and administer the Universal Service Fund.

(n) to resolve disputes between the operators of electronic communication networks and providers of electronic communication services according to the provisions of this Law.

(nj) to create, maintain and update an electronic database from the electronic communications sector and ensure that those data/information are made available to the public in compliance with the rules on public informing and keeping of confidentiality.

(o) to collect data and information from the networks’ operators and providers of electronic communications services.

(p) to issue regulations for the implementation of this law, of other legal and by-legal acts in force, which are mandatory.

(q) to carry out acknowledgement of conformity for “radio” and telecommunications terminal equipments;

(r) to administer and implement of national and international standards and also technical rules in the field of electronic communications.

(rr) to ensure that the operators of the electronic communications networks and providers of electronic communication services fulfill the liabilities related to the interests of country defense, public security and in case of war or extraordinary situation/state.

(s) to cooperate with national and international organizations in the field of electronic communications.

(sh) to carry out the procedures on designation of universal service undertaking/provider according to the provisions of this Law in Chapter V.

Article 9.- AKEP Reporting

1. AKEP is accountable for its work before the Assembly of the Republic of Albania.

2. At the end of each year, AKEP submits before the Assembly an annual report on its activity within the first quarter of the following year.

3. The Annual Report referred to in the paragraph 2 of this Article, in particular, shall contain:

a) Reporting on AKEP work during the previous year;

b) Annual Program for the work for the coming year;

c) Reporting on the status of the Universal Service;

ç) Reporting on the implementation of AKEP annual financial indicators.

4. AKEP Annual Report shall be available to the public.

Article 10.- Provision of Information to the Ministry

1. AKEP shall provide the Minister, any information that might be deemed as necessary for satisfaction of the development policy objectives and the competences stipulated in this Law, and those of the Law on Postal Service.

Article 11.- NRTC Competencies

NRTC organization, duties and competencies are defined in a special/separate Law.

Article 12.- Cooperation

1. AKEP shall cooperate with the state bodies and structures, organization of protecting the users/consumers interest for issues related to the implementation of this Law.

2. AKEP and the Competition Authority shall cooperate for issues regarding common interest related to the implementation of the legislation in force on competition in the field of electronic communications and postal service.

CHAPTER III.- GENERAL AUTHORIZATION REGIME

Article 13.- Authorization

1. Any undertaking is free to offer electronic communications networks and services in the Republic of Albania in compliance with the provisions of this Law.

2. Provision of electronic communications networks and services in the Republic of Albania is made toward AKEP authorization, expect the cases when the electronic communications networks and/or services:

a) are not used for profiting (commercial) purpose and when they are not available to the public;

b) are used only for private uses needs or for internal needs of the institutions;

3. Authorization to offer electronic communications networks and services in the Republic of Albania shall be made:

a) via notification – where the offering of electronic communications networks and services does not require the use of restricted natural resources;

b) after the notification and issuing the right of use – where the offering of electronic communications networks and services requires the use of restricted natural resources;

4. The undertaking authorized to offer electronic communications networks or services in the Republic of Albania is entitled:

a) to negotiate for interconnection, and, when applicable, to have access from other undertakings of the communications networks and services available to the public in compliance with the provisions of this Law.

b) to have the opportunity to participate in being designated as provider of universal service for special services under the scheme of universal service or in certain parts of the territory in the Republic of Albania.

Article 14.- Notification

1. Any undertaking, that for profit purpose foresees to offer an electronic communication network or service, shall notify AKEP prior to the commencement of operation, change/alteration or cessation.

2. The notification shall be made in writing and should contain the following information:

a) provider’s name and address;

b) data/info on legal registration of the undertaking;

c) contact person of the undertaking;

ç) short description on network or service;

d) date foreseen for the activity commencement, change or cessation.

3. Notification shall be accompanied with:

a) a declaration that the information is accurate;

b) a declaration that the undertaking shall implement the legal obligations.

4. Undertakings (operators and providers of the service) shall be obliged to report to AKEP all changes in the information submitted in the notification within 30 days following their occurrence.

5. AKEP shall register the operators or service providers in the electronic database within 15 days of the receipt of notification, as well as it shall confirm them in writing for their registration.

6. Within 15 days of receipt of an incomplete notification request according to the requirements in points 2 and 3 of this Article, AKEP shall inform the undertaking for the need to complete the missing documents. The completion of such document should be done within a time-term not shorter than 10 days and not longer than 30 days.

7. In case AKEP does not confirm in writing within the time-term pursuant to point 5 of this Article, or it does not confirm to the undertaking for the completion of the missing document pursuant to point 6 of this Article, the notification is considered as full, and the respective registration is considered as done/completed.

8. AKEP, by means of a regulatory document pursuant to this Law, shall define in details the form and content of the request for notification of the supporting documents and the registration confirmation, this document shall be made public and easily accessible for the public.

9. AKEP shall administer in an updated database register for the natural persons and legal entities, which are notified according to the provision of this Article. Maximally the database shall contain the information specified in the point 2 of this Article. Database shall be available to the public, in order to allow the remote access.

Article 15.- General Conditions

1. In the general authorization AKEP may include conditions related to:

a) financial contribution for financing universal service;

b) interoperability of services and interconnection of networks;

c) provision of availability and use of numbers from the Numbering Plan for the end-users, including conditions for this use;

ç) environment protection, territory planning, access to immobile estates, including their use, collocation or joint use of the equipment, including, if applicable, any financial or technical warranty that might be necessary for performing the activity;

d) protection of personal data and privacy;

dh) consumers’ protection;

e) restrictions in content transmission, in case it violates the legal framework;

ë) information, which should be provided in the notification procedure according to the Article 14 in the procedure for issuing the right for using the restricted resources (frequencies and numbering), as well as the information that should be submitted to AKEP and other bodies pursuant to the Article 16 of this Law;

f) permission for interception by competent authorities defined in the legislation in force on interception of telecommunications and implementation of other liabilities arising out of this legislation.

g) conditions for provision of electronic communications network in state of risk, emergency, war;

gj) protection of the citizens from harmful affects of electromagnetic radiation dispersed by the electronic communications networks;

h) obligation to offer access;

i) maintenance of public communication networks integrity and prevention of electromagnetic interference through electronic communications networks and services;

j) protection of public communications networks from unauthorized access;

k) radiofrequencies use, ensuring effective use of the radiofrequencies spectrum and prevention of harmful interferences;

l) obligation to satisfy the technical standards and specification of the networks and equipments for constructing the networks and offering the electronic communications services, as well as other services and associated facilities according to the provisions of this Law.

Article 16. Obligation for providing information

1. Undertakings of electronic networks and services shall be obliged to provide data and other information requested by the Minister and AKEP, at their request, with the aim to meet their functional duties serving to the implementation of this Law.

2. The sort of data, time-terms and way of their submission are defined by the competent bodies accordingly.

Article 17.- Special Obligations

1. AKEP is entitled pursuant to the provisions of the law, to impose special obligations to the undertakings that perform activities in the filed of electronic communications. These obligations shall be applied outside the conditions specified in the general authorization, and in compliance with the consultations and procedures specified in the Articles 35 and 110 hereof.

2. Special obligations stipulated in the paragraph 1 above are:

a) obligations on provision of universal service in compliance with Chapter V hereto;

b) special obligations specified in this Law on SMP operators in the relevant markets;

c) obligations on access to network in compliance with Article 42 hereto.

3. AKEP shall publish information on imposing special obligations according to the provisions in Article 118 hereto.

Article 18.- Amendment and Revocation of General Authorization

1. AKEP shall amend or revoke the rights, terms and procedures regarding the general authorization and usage rights in objectively justified cases and proportionally after the public consultation as specified in the Article 110 hereto. The objectively justified cases include:

a) change of the key facts, on the basis of which the rights, conditions and procedures in the general authorization and in usage rights;

b) satisfaction of commitments arising out of the membership of the Republic of Albania into international organizations;

c) needs for country defense and security;

ç) needs for protecting the public interest.

2. Amendment and revocation of rights, conditions and procedures regarding the general authorization and usage rights is made with AKEP decision.

Article 19.- Issuing the right for use

1. Undertakings in need for allocation of scarce natural resources (frequencies and numbering), in the notification to be submitted to AKEP according to the provisions in Article 14, shall request issuing of the right for using them.

2. Issuing the right for the frequencies use shall be made in compliance with the provisions of Chapter VII hereto.

3. Issuing the right for Numbering use shall be made in compliance with the provisions of Chapter IX hereto.

CHAPTER IV.- ELECTRONIC COMMUNICATIONS NEWORKS AND SERVICES

Article 20.- Provision of Electronic Communications Networks and Services

1. Undertakings that construct and/or use electronic communications networks and provide services are obliged to meet the conditions pursuant to this Law and other legal acts and by-laws, as well as the regulation issued based on this Law, in order not to endanger the public order, human life and health, public security and defense of the country.

2. Where the electronic communications networks require the use of radiofrequencies, the undertakings shall be obliged to obtain a preliminary approval for the use of radiofrequencies according to the provisions in the Chapter VII of this Law.

Article 21.- Construction and maintenance of Electronic Communications Networks

1. Electronic communications networks and associated infrastructure shall be constructed and operated in compliance with this law, and other acts serving to this law, and legal framework on territory planning and construction, the legal framework on protection of environment, as well as with other technical standards.

2. Maintenance of public communications networks and associated infrastructure shall be conducted in compliance with the construction regulation on:

a) completion and upgrading of the existing facilities of public communications networks;

b) reconstruction of existing antenna systems;

c) renewal and reconstruction of existing facilities of public electronic communications networks;

ç) enlarging the existing capacities or installation of new communication systems and public access networks;

d) enlarging the existing power supply systems.

Article 22.- Joint Use of Facilities and Assets

1. In cases where the economic use of space, city planning and protection of environment requires so, operators of the public electronic communications networks that have the right to construct and install communication equipments in the private or public property shall construct or install them in such way as to enable their joint use.

2. Undertakings of public communications networks shall be obliged to reach to conclude agreements for the joint use of facilities and assets in the terms provided in the Article 1 hereto.

3. AKEP shall encourage the undertakings of the public communications networks to reach agreements for the joint use of the facilities and assets.

4. An undertaking of public communications network may refuse a request for joint use of the facilities and assets in the following cases:

a) if the joint use of facilities and assets is technically unfeasible or damages the network’s integrity and security;

b) if the party asking for joint use does not agree to pay the fee for the joint use of the facilities and assets.

5. In case the undertakings of public communications networks do not reach to an agreement among them, AKEP, at request of any party, shall initiate a procedure on dispute resolution according to the provision of this Law.

6. In cases where the joint use requires reconstruction of the communication facilities and assets, the reconstruction costs shall be borne by the party requesting the joint use.

7. In cases where the undertakings can not reach an agreement related to the payment/fee for the joint use of the infrastructure and equipments, AKEP, within 30 days from the date of request submission by any either concerned party, shall decide the amount of payment/fee in compliance with the respective regulation approved for this purpose.

Article 23.- Use of Networks for Own (Private) Use for Public Communications Services

1. Legal entities, whose main activity is in an area other than the provision of electronic communications networks or services, but that have under ownership such networks or services for their own use, if they decide to offer electronic communications services and networks for the public, shall be obliged to notify AKEP according to the obligations arising out of Article 14 hereto.

2. Where the legal entities referred to in point 1 of this Article, decide to offer public electronic communications networks or services, shall establish another legal entity or to keep separate financial accounts for the revenues arising from the provision of the public services and/or network.

Article 24.- Payment for supervision of electronic communications market

1. Undertakings providing public communications networks and/or services shall be obliged to pay an annual payment for supervision of the market of electronic communications by AKEP. This payment is made to cover AKEP administrative costs.

2. Annual payment defined in point 1 of this Article shall not be more than 0.5% of the annual gross revenue of the previous calendar year.

3. Undertaking shall make the annual payment for the supervision of the market of electronic communications to AKEP, within 30 April of each year, and following the submission of the annual balance sheet and a report of the accounting expert which is filed by the undertaking to AKEP.

4. The level of annual payment for supervision of the electronic communications, market within the limit of 0.5% of the annual revenues, shall be defined by AKEP in a regulation issued pursuant to this Law.

5. Definition of the annual payment level for the market supervision shall not distort the competition or to create barriers for the entering into market of new undertakings.

6. Prior to the approval of the regulation according to the provisions in point 4 of this Article, AKEP shall notify in writing the undertakings to submit their opinions and proposals in writing regarding the annual payment, method of calculation and its implementation. The deadline for submission of proposals by the undertakings is 30 days from the date of receipt of notification. The failure to submit the opinions and proposals within this deadline shall not comprise any hurdle to AKEP to act in compliance with point 4 of this Article.

7. The annual payment for supervision of electronic communication market shall be made on AKEP accounts.

CHAPTER V.- ENSURING UNIVERSAL SERVICE

Article 25. Universal Service

1. Universal Service shall include:

a) connection of the end-user to the public telephone network at his/her request by ensuring access to the telephone service available to the public from a defined geographic location, enabling the user to make and receive local, national and international calls, facsimile communications and data communication at a minimum speed of 32 kbit/s;

b) publication of the printed telephone directory (including the electronic form as well), that meets the general requirements provided in the point 2 of this Article;

c) ensuring public pay telephone, satisfying the reasonable needs of the end-users in the entire territory in the Republic of Albania. Public pay telephone shall enable the connection to free emergency calls, without having to use any means of payment foreseen for them;

ç) ensuring conditions for equivalent access to and use of telephone service made available to the disabled end-users, including access to emergency calls services and information in telephone directory for all users in the Republic of Albania.

2. Universal service provider appointed by the AKEP for the publication of general telephone directory shall reflect at least once a year the changes occurred. General Telephone Directory shall contain at least: the full name of the subscribers, address, relevant telephone number, except for the subscribers that have requested in particular that the said information not be made public.

3. Providers of public telephone services shall provide information on their subscribers to the providers of universal services, so that they shall include those data without exception to the general Telephone Directory, as well as in the Information Service provided by the Universal Service Provider.

4. Where a service provider does not provide the provider of universal service with the data on its subscribers, AKEP shall oblige the provider of telephone service to submit those data within a certain period of time. Universal Service Provider shall include those data in the general Telephone Directory and in Information Services with no discrimination on telephone service providers.

Article 26.- Ensuring Universal Service

1. AKEP shall designate one or more providers of universal service.

2. AKEP shall initiate a public tendering process for the purpose of selecting one or more providers of universal service.

3. AKEP in the process of selecting one or more providers of universal service shall be based on the principles of effectiveness, objectiveness and transparency.

4. When certain services under the universal service scheme are not sufficiently preset or they are not present at all, AKEP may conduct a tender process for selecting a provider of such services. In event the tender fails, AKEP may, after a consultations process with the parties concerned, and after the Minister approval, select a universal service provider.

5. AKEP shall define the tender procedure, in compliance with the legislation in force and on basis of objective and transparent criteria for selection of a universal service provider that shall include:

a) the ability of the provider to provide universal service in a certain area within the period of time defined in the tender documentation;

b) the necessary fund amount for providing the service and the relevant net costs of such provision, and the corresponding amount of compensation from the universal service fund required by the operator to implement its universal service.

6. After the complement of the tendering procedure and following the preliminary approval of the Minister, AKEP signs the agreement with the universal service provider.

7. AKEP consistently shall supervise the activity of the universal service provider. Universal service provider shall be obliged to submit data about its activity/operation to AKEP at least once a year.

Article 27.- Tariffs and General Terms on universal service

1. AKEP shall monitor changes and level of tariffs of the services offered under the universal service.

2. Tariffs of individual services provided under universal service shall be the same throughout the territory of the Republic of Albania.

3. Universal service providers may offer optional tariffs, special tariff packages and special payment methods for subscribers with low income and/or special needs, in compliance with the legislation in force.

4. Universal service providers shall be obliged to define the tariffs and the general terms of payment in such a way that subscribers of specific service provided under the universal service are not obliged to pay for services, which are not necessary or not required for the provisions of services included under the universal service scheme.

5. Tariffs for universal service are subject to regulation according to the provisions of this law.

6. Universal services providers shall be obliged to provide their subscribers with the opportunity to use of services such as: selective call barring for outgoing calls, itemized billing for the services, pre-payment system to pay for access and use of services.

Article 28.- Quality of Universal Service

1. AKEP shall define the technical requirements for the universal service quality, the technical parameters and their measuring and the minimum quality requirements.

2. Universal service providers shall be obliged to publish at least once a year the information on the universal service quality.

3. AKEP shall monitor the quality of universal service and may take action as appropriate for ensuring quality of the universal service in compliance with point 1 of this law.

4. In case AKEP has a reasonable doubt regarding the truthfulness of the information provided according to point 2 of this Article, AKEP, in accordance to the duties charged under this law, may conduct a control/audit through an independent audit expertise. The cost of independent audit expertise shall be covered by the universal service provider subject to such audit.

5. In case the measured values of the technical quality parameters for a certain universal service provider fail to achieve the performance targets at least three times in succession, AKEP may initiate a procedure to revoke the designation of this undertaking as provider of universal service and designate a new universal service provider.

Article 29.- Compensation scheme for ensuring Universal Service

1. Universal services providers shall be entitled to compensation if the provision of the services according to the Article 25, point 1, letter “a” and Article 27, point 3 of this law causes additional costs. If AKEP concludes that those costs exists, and they comprise an unfair additional burden to the universal service provider, AKEP shall calculate them as net costs for providing specific service under the universal service scheme.

2. Compensation according to point 1 of this Article may under no circumstances exceed the real cost for providing the universal service.

3. Real costs according to point 2 of this Article shall be calculated as a difference between the real costs for providing the universal service and the costs that the universal service provider would have had if he had not been a universal service provider, wherein any benefit to the universal service provider arising from the provision of the universal service, including any intangible benefit, is taken into account.

4. AKEP shall define the methodology for calculating the real costs and intangible benefits that should be taken into consideration in the calculation of real costs of universal service provision and in doing that it shall take into account the EU recommendation on universal service.

5. Universal service providers shall be obliged to keep separate accounts for the costs of providing universal service.

6. Universal service providers shall be obliged to submit to AKEP within 30 April of each year the information on real costs, annual balance sheet and the data used for calculating the real costs for providing the universal service. Otherwise, they shall lose the right to declare the real costs.

7. AKEP shall appoint an independent audit expertise for conducting the audit as well as for verifying the information presented according to the point 6 of this Article.

8. AKEP confirms the calculation of real costs for provision of universal service. If the universal service provider was selected in a public tender procedure, AKEP shall consider in its assessment the costs of providing the universal service offered by the provider in the tender process. AKEP shall consider the differences in cost only in cases when the conditions at the time of the public tender have changed and when the universal service provider proves to AKEP in convincing, objective and transparent way the differences in the cost. AKEP shall public the results of the costs calculation and those of the expertise/audit conducted on the information submitted from the universal service provider.

9. AKEP shall define the compensation level. On the basis of the calculations, AKEP may decide that the universal service provider is not entitled to compensation or it is entitled to less compensation than that requested by the provider.

10. Universal service provider may appeal against the decision made according to point 9 of this Article according to the legislation in force.

Article 30.- Financing of Universal Service

1. For compensation of real costs of universal service provision the universal service fund shall be created. The universal service fund is managed and administered by AKEP. This fund is untouchable for other purposes and it is accumulated and forwarded to the next year.

2. Universal service fund is financed by the undertakings that own public electronic communication networks and provide electronic communication services, and the public electronic communications services providers in the territory of the Republic of Albania, according to the stipulations in the respective AKEP regulation.

3 AKEP shall determine the financing level pursuant to point 2 of this Article, which, for all undertakings subject to the financing of universal service shall not be higher than 1% of the total revenues coming from the public electronic communication networks and provision of public electronic communications services.

4 Undertakings shall be obliged to pay the contributions according to the point 2 of this Article on a separate AKEP account within a certain period of time, but not later than 30 May of the current year for the previous year.

5 Operators, within 30 April of each year, inform AKEP for their revenues in the previous year proceeded from the offering of public communications networks or  services in the Republic of Albania, filing to AKEP the annual balance sheet accompanied by the accounting expert report.

6. AKEP shall make disbursement from the account for the universal service contribution on annual basis to compensate any designated universal service provider, designated for provision of the universal service, in the amount equal to the approved real costs of providing universal service.

7. Amount for the universal service compensation shall be audited on annual basis by a group of accounting experts, authorized by AKEP.

8. AKEP shall submit to the Assembly of the Republic of Albania an annual report, which shall include:

a) Financial report and annual audit report for the universal service compensation account;

b) Information, related to the rules on confidentiality of business proprietary information, on the calculation of real costs of universal service provision, the intangible benefits taken into consideration in calculating the real costs, and the compensation of those costs.

CHAPTER VI .- REGULATION OF COMPETITION

Article 31.- General Provisions

1. Markets that justify the regulation and are subject to regulation in compliance with the provisions of this Law are markets with high and sustainable legal or structural barriers to access the market, markets that are not oriented toward the effective competition within a suitable period of time, market where the implementation only of the law on competition can not solve appropriately the failures of the market.

2. Markets determination, their analysis and designation of undertakings with significant market power (“SMP Undertakings”) in the relevant markets is done in compliance with this law and by-legal acts serving to its implementation.

3. Undertakings with significant market power (“SMP Undertakings”) are subject to the measures set by AKEP pursuant to this Law and acts serving to its implementation.

4. Markets designation, their analysis and designation of undertakings with significant market power, in the relevant markets (“SMP Undertakings”) is done by AKEP on the basis of a regulation drafted for the implementation of this law and in compliance with EU relevant recommendations, periodically, but not less than every two years.

Article 32.- Market Definition

5. AKEP shall determine the national relevant markets of electronic communications and relevant products, which justify the regulation and are subject to a special regulation in the sector in compliance with the provisions of this Law, and with the principles of the Law on Competition and current conditions of the Albanian market, taking into consideration the requirements of special regulation in the sector and EU recommendations on relevant markets of products and services.

Article 33.- Undertakings with Significant Market Power

1. An undertaking shall be considered to possess significant market power, if, alone or together with others, possesses such economic position that enable a considerable enlargement, independently of its competitors, customers or end-users.

2. In assessing the market significant power, AKEP shall take the following criteria into account:

a) undertaking’s market share, undertaking’s market share in the relevant market, as well as the changes over the time in its relative position versus the market players;

b) high barriers to enter into market, and the expected enlargement as a consequence of potential competition.

c) countervailing purchasing power;

ç) development of elasticity of demand and offer

d) stage of development of the relevant market

dh) technological advantages

e) any development of sales and distribution networks;

ë) economies of scale or economies of sector and density

f) degree of vertical integration

g) degree of product differentiation

gj) access to financial resources

h) control in infrastructure that can not be easily replaced

i) general behavior in the market, such as prices, marketing policy, limited services and products or placing barriers.

3. Two or more undertakings might be found to have a dominant position if even in the absence of structural or other links between them they operate in market in such structure and way that is considered to be conducive to coordinated actions, independently from the competitors, customers and users.

4. In order to define the joint dominance of two or more undertakings, AKEP shall take into account, inter alia, the following criteria:

a) the level of market concentrations, distribution of market shares and their variation over time;

b) barriers to enter in the market, and their effect on the potential competition;

c) effect of countervailing purchasing power;

ç) current transparency of the market;

d) stage of development of the relevant market;

dh) homogeneity of products;

e) structure of the cost;

ë) development of elasticity of demand and offer;

f) development of technological innovations and level of technology maturity;

g) absence of excessive capacities;

gj) informal and other links between the market players;

h) retaliatory mechanisms;

i) development of drivers (incentives) for price competition.

j) undertaking’s economic and financial power .

5. When an undertaking has significant market power (SMP) in a relevant market, it may also be deemed to have SMP in another relevant market related horizontally, vertically or geographically with the analyzed market, if the links between the two markets are such as to enable that the significant power from the first market to be asserted to the other one, strengthening the power of the undertaking in the market.

Article 34. Market Analysis

1. AKEP shall conduct on regular basis, but not less than once every two year, the analysis of relevant market, identified according to the provisions of this law. Following the designation if one or some undertakings have significant market power in the relevant market or if there is an effective competition, then the obligation shall be cancelled, kept, added or placed in the end of the market analysis.

2. If AKEP designates that one or some SMP Undertakings in the relevant market and there is no effective competition, then AKEP shall impose to those undertakings one, some or all special necessary obligations specified in the Article 39, 40, 41, 42, 43, 44, 45 and 56 hereto. Special obligations that have been applied to undertakings for the relevant market shall be changed or kept by AKEP, based on the market analysis, taking into account also the regulation objectives defined under this Law.

3. If AKEP based on the procedures of market analysis reaches to the conclusion that the relevant market has effective competition and that no undertakings in this market possess significant market power, then AKEP shall not apply the obligations specified in the point 2 of this Article, excluding those specified in the Article 51 hereto. If special obligations are applied to those undertakings in this market, then they shall be revoked. In the decision for the removal of those obligations, should be specified also a period of time not shorted than 6 months, at the end of which the removal of obligations becomes effective.

4. AKEP shall make public the decisions made pursuant to point 2 and point 3 of this Article, according to the stipulations in Article 118 of this Law.

Article 35.- Specific consultation procedures

1. AKEP shall conduct the public consultation with the interested parties regarding the conclusions reached on market designation and market analysis, respectively according to the Article 32 and 34. The consultation shall be conducted for a defined period of time of 60 days. AKEP shall make public the consultation materials, including in it also the comments submitted by the interested parties. With the aim to protect the commercial and functional secrets of all parties, AKEP shall be the single point of information through which the entire consultation process shall be carried out.

Article 36. Regulatory measures

1. Application, amendment, keeping or removal of obligations specified in the Article, 39, 40, 41, 42, 43, 44, 45 and 56 hereto to undertakings with significant market power is done on the basis of AKEP decisions following the completion of procedure on market designation and market analysis.

2. AKEP decisions, according to point 1 of this article, are made following the public consultation process.

Article 3.- Review of market designation and market analysis

1. When AKEP deems that the facts that justified the conclusions reached for the markets designation and analysis have changed and do not reflect the current situation in the market, then AKEP shall review the conclusions and respective decisions.

2. Regardless the case referred to in point 1 of this article, AKEP shall be obliged that once every two years to review its conclusions on markets designation and analysis by presenting the respective conclusions.

Article 38. Cooperation with Competition Authority

1 In the process of market designation and their analysis, AKEP shall cooperate with the Competition Authority according to the provisions of the Article 12 of this Law.

2 AKEP and the Competition Authority shall exchange the necessary information, which the receiving party shall administer it at the same confidentiality level as the sending party.

Article 39.- Obligation of non-discrimination

1. AKEP shall impose to the undertakings with significant market power obligations for non-discrimination with regard to access and interconnection.

2. Obligations for non-discrimination shall ensure in particular that an undertaking with significant market power to apply same conditions in the same circumstances toward other undertakings that provide equivalent services and to provide other undertakings services and information at the same conditions and same quality as its provides for its own services, to those of its subsidiaries or partners.

3. AKEP shall require the undertakings with significant market power to publish a reference offer for access and interconnection. Undertakings shall offer in this reference sufficiently itemized services, details of respective offers with comprising elements in compliance with the needs of the market and declaration of the associated terms and conditions, including tariffs as well.

4. AKEP shall request and oblige to make changes in the reference offer for access with the purpose of satisfying the obligations specified under this law and its by-legal acts for its implementation.

Article 40.- Obligation of transparency

1. AKEP shall impose to SMP Undertakings obligations for transparency with regard to access and interconnection.

2. AKEP, regardless to the provisions of the Article 16, shall impose to SMP Undertakings with the obligation to publish the following information:

a) information on accounts;

b) technical specifications;

c) network characteristics/features;

ç) terms and conditions for offering and use;

d) tariffs, including the possible discount.

3. AKEP shall define also the level of detailing and way of publishing of the above-stated information by the SMP Undertakings.

Article 41.- Obligation for account separation

1. AKEP shall request the Undertakings with significant market power to detail the cost of particular activities related to access and interconnection aiming at prevention of mutual unfair subsidy.

2. For this purpose, in particular the vertically integrated SMP Undertakings shall be requested to make transparent their wholesale tariffs and the tariffs of internal transfers. AKEP shall define the format and methodology of calculation to be used, including the detailing level and the way in which they will be presented and made available.

3. If AKEP has imposed specific obligation according to the Article 39 and 40, then it shall request, nevertheless the provisions of article 16 hereto, that the data on accounts, including all information and supporting documents, to be submitted to the request in the defined way and form. AKEP shall publish this information if necessary for boosting the competition in the market. In doing such, AKEP shall take into account the rules pertaining to the commercial and functional/business secrets.

Article 42.- Obligation for access and interconnection and joint usage of network facilities

1. AKEP shall impose to the Undertakings with significant market power the obligation to meet the requests for access and interconnection, as well as for the use of network and associated facilities elements, especially in those cases when AKEP estimates that from refusal of the access, or unreasonable conditions and terms, stable development in the retail market is hindered, or end-users interests are damaged.

2. SMP Undertaking shall be requested to meet one, several or all the following measures, in particular to:

a) give to the third parties access and interconnection to network and its elements;

b) provide specified services at wholesale level for resale in the retail market by the third parties;

c) not withdraw access to facilities already granted;

ç) negotiate in good will and faith with operators requesting access;

d) grant open access to technical interfaces, protocols or other important technologies that are indispensable for the interoperability of services or for services of virtual network;

dh) provide joint use (collocation) or other forms of facility sharing, including buildings, cable ducts and mast sharing;

e) provide specified services needed to ensure interoperability of end-to-end services to users, including facilities for intelligent networks services or roaming on mobile networks;

ë) grant access in the functional supporting systems or similar software systems necessary for assuring fair competition in offering the services;

f) interconnect networks or network facilities

g) to provide access to the local loop

3. In imposing the obligations according to the point 2 of this Article, and to assess whether the obligation for access is justified and proportional to the regulation purposes prescribed in this law, AKEP shall take into account, in particular, the following factors:

a) technical and economic viability of use or installation of competing equipment with regard to the rate of market development, considering the nature and type of interconnection and access under discussion/proposed.

b) feasibility to provide the access proposed, in relation to the capacity available;

c) initial investment by the owner of facilities, taking into account the risks involved in such investments;

ç) need to safeguard competition in long term in public electronic communications networks and services, and in particular by creating incentives for efficient investments in facilities, which in long-term period ensure more competition;

d) all intellectual property rights.

4. Where an operator evidences that the facilities’ use might risk the maintenance of the entire network or the networks function, AKEP shall not impose obligation with regard to this facility or shall impose the obligation in another way. Maintenance of the network entirety and safety of network functions shall be justified by the undertaking based on objective standards.

Article 43.- Obligation for carrier selection and pre-selection

1. AKEP shall impose on the SMP Undertakings in the relevant market for access to and use of public telephone network, the obligation to enable their subscribers to access the services of any operator of publicly available telephone services to which they are interconnected through carrier selection or pre-selection.

2. Tariffs set for the access and the activation payment with regard to the carrier selection or pre-selection shall be cost-oriented.

3. Carrier selection or pre-selection in other networks may be ordered by AKEP according to the provision in the Article 42 hereto.

Article 44.- Obligation for providing leased lines

1. AKEP may impose regarding the provision of a minimum group (number) of leased lines, to the undertakings with significant market power the obligation, in compliance with the principles of non-discrimination, cost-orientation and transparency and taking into consideration respective international regulatory documents and practice.

2. Tariffs and general terms for offering the leased lines according to the point 1 above shall be approved preliminary by AKEP.

3. AKEP shall impose obligations to the SMP Undertakings to apply the system of cost calculation even for the leased lines service. AKEP or an independent specialized body, selected by AKEP on the basis of the law in force, shall verify on annual basis the compliance with the cost calculation system and shall publish conclusions on such verification.

Article 45.- Obligation for tariffs control and cost accounting system

1. When AKEP for the implementation of Article 34, identifies that a SMP undertaking might keep tariffs at a high unreasonable level or at low unreasonable level, thus harming the end-users, the AKEP shall impose obligations regarding cost coverage and tariff control, including obligation for cost oriented tariffs, for access and/or interconnection, and also obligation regarding account keeping systems.

2. Imposing obligations according to point 1 of this Article, the AKEP takes into consideration the investment made by the undertaking, allowing of a reasonable profit margin on the capital employed, thus taking into consideration the risk included.

Article 46.- Access Agreements

1. An undertaking of electronic communications network with significant market power, having the obligation for access according to Article 42, shall provide an offer to other undertakings that request access to its network, in order the latter to provide electronic communications services. The access offer shall be presented without delay, but in no case later than 15 days from the request receipt date.

2. Access agreements made/signed by a public operator of electronic communications networks with SMP and other undertakings are prepared in writing.

3. An undertaking of electronic communications network with SMP shall submit to AKEP the access agreement, in which it is a party as a provider, within 15 days following their signing. AKEP shall publish the place and time where the agreements submitted as above will be available for inspection by the subjects that request access service and facilities.

Article 47.- Obligation for interconnection and Interconnection Agreements

1. Any undertaking of electronic communications networks shall, against a payment, within 30 days from receipt of the request, provide an interconnection offer to other undertakings of public electronic communications networks, with the purpose to ensure users’ communication, provision of electronic communications services and interoperability of the services in the entire community. All undertakings shall try to achieve the objective to ensure and improve communication among the users of the public electronic communications networks.

2. Undertakings shall use the information obtained from the other operators during the negations process on interconnection only for the purpose they are provided. Undertakings shall respect throughout the time the confidentiality of the information provided and shall not transfer it to any other party for which such information enable them a competition advantage, with exception to the cases when specified otherwise in an agreement between the operators.

3. Reference offers of interconnection according to Article 39 and the interconnection agreements according to point 1 of this Article shall be submitted to AKEP.

Article 48.- Freedom of parties for negotiations

1. Undertakings that offer public electronic communications networks and services are entitled to negotiate and agree between them regarding the technical and economic agreements on access and interconnection, in compliance with provisions of this Law and by-legal acts in force.

Article 49.- AKEP role on ensuring access and interconnection

1. AKEP, in compliance with the regulatory objectives specified in Article 7, shall encourage and if necessary, shall ensure the materialization of access and interconnection, as well as the services interoperability, in order to boost sustainable and effective competition aiming at maximal benefit to the end-users.

2. AKEP shall:

a) impose obligations with regard to access and interconnection to undertakings that provide public electronic communications services;

b) intervene on its initiatives when it is justified or in the absence of an agreement between the parties, upon the request of either party, according to the provisions of this law.

Article 50.- Complaint to AKEP

1. If the undertakings fail to reach an agreement on access and interconnection within 45 days from receipt of the request, either of them may submit complaint to AKEP. Upon the receipt of complaint, AKEP shall start the procedures in accordance with the Code of Administrative Procedures and provisions of the Article 60.

2. In justified cases, AKEP may start the procedures also at its initiatives with the purpose to satisfy the regulatory objectives.

3. At the end of the procedures, AKEP issues the order according to the provisions of Article 60.

Article 51. Obligation for undertakings without significant market power

1. AKEP may impose the following obligations according to the Articles 39, 40, 41, 42 and 45 to the undertakings that do not have significant market power in case:

a) the undertaking is granted the right to use the radiofrequencies according to CHAPTER VII hereto;

b) this is necessary to ensure the normal functioning of the networks;

c) this is required to satisfy the international commitments.

Article 52.- Reference offer

1. Undertakings of the electronic communications networks with SMP, which is subject to the obligation for access and interconnection according to the Article 42, shall publish, normally within 45 days period after the imposition of this obligation, a reference offer for the access services and/or facilities.

2. Respective reference offer shall include terms and conditions for use, including tariffs. Reference offer shall be easily comprehensible for the undertakings.

3. AKEP shall control/audit, and in case it ascertains that the reference offer does not meet the requirements related to special conditions, mostly related to fairness, non-discrimination, transparency, reasonableness, and timeliness, shall impose the change the reference offer proposed. In general AKEP defines a minimal duration for the validity of reference offer proposed. SMP undertaking shall notify AKEP 3 months prior the expiry of such minimal duration of any reference offer change or suspension.

4. Where access service or facilities is already subject to an access agreement according to the Article 46 hereto, AKEP may oblige the undertakings of electronic communications networks with SMP to offer on non-discriminatory basis this service or facility also to the other undertakings. This is also applicable for the access services and facilities that an undertaking of electronic communications networks with significant market power is obliged to provide or make available pursuant to AKEP Governing Council order according to Article 60 hereto.

5. AKEP shall oblige the undertakings of electronic communications networks with SMP to change its reference offer if the conditions in the market have changed considerably. This includes the services and facilities, as well as the main conditions of their provision. In case of reference offer change, the points 2, 3, 4 and 5 of this article are applicable.

6. SMP undertakings shall update the reference offer published.

7. When an undertaking is obliged to provide unbundled access to local loop, the reference offer, it shall publish according to the provisions of this article, shall include at least the following elements:

I) Conditions for unbundled access to the local loop

(a) network elements to which access is offered covering in particular the following elements:

i. access to local loops

ii. access to non-voice band frequency spectrum of a local loop, in the case of shared access to the local loop

(b) information concerning the locations of the physical access sites and the availability of local loops in specific parts of the access network;

(c) technical conditions related to access and use of local loops, including the technical characteristics of the twisted metallic pair in the local loop;

ç) ordering and provisioning procedures, usage restrictions.

II) Co-location services

a) information on the relevant sites of the operator that offers the services of unbundled local loop;

b) co-location options at the sites indicated under point 1 (including physical co-location and, as appropriate, distant co-location and virtual co-location);

c) equipment characteristics: restrictions, (if any), on equipment that can be co-located;

ç) security issues: measures defined by the operator provider of the unbundled local loop service to ensure that security of their location;

d) access conditions for the staff of possible beneficiary operators;

dh) safety standards;

e) rules for the allocation of space where co-location space is limited;

ë) conditions for beneficiaries of the access allocated, to inspect the locations at which physical co-location is available, or sites where co-location has been refused on grounds of lack of capacity.

III) Information systems

Conditions for access to the operational support systems of the provider of unbundled local loop, information systems or databases for pre-ordering, provisioning, ordering, maintenance and repair requests and billing

IV) Supply conditions

a) lead time for responding to requests for supply of services and facilities; service level agreements, fault resolution, procedures to return to a normal level of service and quality of service parameters;

b) Standard contract terms, including, where appropriate, compensation provided for failure to meet lead times.

c) Prices or pricing formulae for each service, function and facility mentioned above.

Article 53.- Tariffs and the purpose of their regulation

1. Tariffs of public electronic communications services are set by the undertakings of public electronic communications networks and services. In setting them, the undertakings should focus on cost-orientation tariffs and in any case should avoid the use of abusive, misused and non-competitive tariffs.

2. The purpose for the tariffs regulation is prevention of non-competitive behaviors and the discrimination of end-users and competitors in the market that might result from the actions of SMP undertaking on its tariffs.

3. Measures on tariffs regulation shall be coordinated and proportional in relation to the purpose of the regulation defined in the Article 7 of this Law.

Article 54.- Publication of end-users tariffs

1. Undertaking that offer the electronic communications services available to the public shall:

a. publish services tariffs and shall enable the public informing through access in distance as well;

b. notify through the public informing means every change in the tariffs of the services at least 7 days prior to the entry into force of the new tariffs or their amendments and this notification should last no less than 3 days in succession;

c. submit to AKEP the services tariffs, as well as any change thereof.

2. AKEP shall publish the general comparative evaluation of the current tariffs and the quality and conditions of offering the electronic communications services available to the public by the individual providers, allowing in this way the end-users to make simple comparison between those data.

Article 55.- Tariffs regulation

1. In regulating the Tariffs in the electronic communications field, AKEP shall act in compliance with this law. Tariffs regulation means defining or modifying the tariffs level, excluding the value added tax.

2. AKEP shall be entitled to apply the tariffs regulation through a decision on tariffs regulation, on:

a) services included in the universal service scheme provided by the universal service provider, according to stipulations in Article 57 of this Law;

b) services provided by the significant market power operator, in the relevant market.

3. AKEP shall monitor and assess the tariffs level evolution in the market that are or might be subject to the tariffs regulation in the electronic communications field according to the paragraph 2 of this Article.

4. In the tariffs regulation, AKEP shall take into account the protection of undertaking interest, whose tariffs are under regulation in order the tariffs to result from AKEP decision according to point 2 of this Article, to be cost-oriented. This is not applicable for the services offered in compliance with point 3, Article 27 hereto.

Article 56.- Application of tariffs regulation

1. If on the basis of the market analysis, conducted in compliance with the article 34, on relevant market of access and interconnection (wholesale market), it is reached to the conclusion that there is no effective competition in this market, which means that in the market the undertakings with significant market power have applied excessive high tariffs or excessive low tariffs to the detriment of the end-users, and in case the measures stipulated in the Articles 39 to 43 of this law, are not enough, AKEP is entitled to implement the tariffs regulation in this relevant market, according to Article 57, issuing the decision on tariffs regulation.

2. If on the basis of the market analysis, conducted in compliance with the article 34, on relevant market on end-users (retail market), it is reached to the conclusion that there is no effective competition in this market, and if the measures stipulated in the point 1 of this article, are not sufficient, AKEP is entitled to impose on the significant market power operator, special obligations according to points “a” and “b” in the following:

a) Special obligations include requirements that the undertaker shall not:

i. apply very high tariffs ;

ii. hinder entrance in the market of new operators;

iii. restrict competition through application of high unreasonable tariffs or low unreasonable tariffs;

iv. show preferences toward special end users;

v. offer unreasonable service packages;

b) Obligation for issuing decision on tariff regulation according to Article 57 of this law.

3. If the tariffs regulation according to the points 1 and 2 above is imposed to a SMP undertaking, decision taken by the AKEP shall allow the undertaking to have a reasonable return of investment of the capital employed also considering the risk related to it.

4. If the tariffs applied for the provision of the number portability service and carrier selection/pre-selection service discourage the subscribers to use these services AKEP shall issue a decision on regulation of respective tariffs according to provisions of this law.

Article 57.- Tariffs Regulation Method

1. AKEP may apply the tariffs regulation according to the following methods:

a) definition of tariffs minimal or maximal level;

b) correction of the tariffs evolution by setting requirements such as:

i) maximal level of possible tariff change (increase/decrease) within a certain period of time;

ii) maximal ratio of tariff increase imposed from the price increase of the ingredients (input) within a certain period of time;

iii)procedure to be used for tariffs definition or calculation, including the obligation for cost-orientation, definition of effective costs, that enables the achievement of a reasonable profit.

c) definition of a timeline, in no case longer than 12 months, during which the tariffs increase above the current tariffs level in a relevant market is not permitted/allowed.

2. In regulating the tariffs based on the paragraph 1, AKEP shall assess the latest data on the following:

a) best practices in EU countries;

b) average tariffs in EU countries;

c) tariffs in developing countries similar to Republic of Albania;

ç) ratio between wholesale and retail tariffs;

d) reasonable profit margin made by the other electronic telecommunications undertakings in EU countries and in developing countries similar of the Republic of Albania.

3. Tariffs regulation methods may be combined.

4. Undertakings that have the obligation to apply special obligations and tariff regulation according to point 1 and 2, Article 56, , shall previously apply to AKEP for tariff approval according to terms and conditions stipulated in the AKEP Decision on tariff regulation.

5. AKEP or an independent accounting expert/audit selected by AKEP, verifies the compatibility of tariffs under regulation with the method and conditions set for the tariffs regulation.

Article 58.- Decision on tariffs

1. Prior to making the decision on tariffs regulation, AKEP shall conduct the consultation process with the interested parties in compliance with the provisions of this law.

2. Decision on tariff regulation includes provisions related to:

a. a reasonable time term

b. obligation for providing information according to Article 16 hereto;

c. conditions for the time of application in the market of approved tariffs;

ç) accompanying conditions in case a tariff is applied differently form the one approved, or it is changed after being approved;

d. obligations for adjustment of tariffs approved in case the access and interconnection tariffs (wholesale tariffs) change;

dh) conditions for notification of changes in tariffs under regulation, which may be different from those provided in article 54, point 1, letter “b” of this law;

e. one of the methods used by AKEP according to article 57 of this law.

Article 59.- Implementation of obligation on cost oriented tariffs

1. Where an undertaking is subject to the obligation of cost-orientation tariffs, it shall be obliged to demonstrate that tariffs of services offered derive from efficient cost enabling a reasonable profit margin.

2. With the purpose of calculating the cost of providing the effective service, AKEP uses cost calculation methods independent from those used by the undertakings, .

3. At AKEP request, within a period of 45 days, the undertaking shall prove that its tariffs are cost-oriented. If the undertaking, within the defined period of time, fails to justify the tariff as stated above, AKEP shall deem that the tariffs are not cost-oriented.

4. AKEP shall ensure that the undertakings with significant market power, which is subject to the cost calculation obligation, shall make publicly available the description of cost calculation system, indicating at least the main categories, where the costs and rules used for cost stipulations are grouped.

5. AKEP or an independent accounting expert/audit selected by AKEP is entitled to carry the annual audit (verification) of compatibility with the cost calculation system.

Article 60.- AKEP order

1. In cases where an access and interconnection agreement according to the Article 46 and Article 47 is not reached fully or partially, and when the conditions stipulated in this article on imposing the obligation to provide access are fulfilled, AKEP, after analyzing the claims of the parties according to the Article 50, shall order the signing of the access and interconnection agreements. AKEP Governing Council Order shall define also the time-term for its execution, which should not be longer than 30 days from the date the Order enters into force.

2. AKEP Governing Council Order for signing the access and interconnection agreement is allowed only if and as long as the respective parties fail to reach to an access and interconnection agreement.

3. Submission of parties’ claims according to the point 1 of this Article before AKEP shall be made in writing. They should be grounded/supported with facts. In particular they should include:

a) time when the access is requested and in particular for what services and/or facilities;

b) full arguments to demonstrate that serious negotiations are conducted or that the other party has objected to enter into negotiations;

c) points/issues on which the agreement is not achieved;

ç) explanatory notes on the possibility of technical implementation of any special technical measures requested.

4. Claims may be withdrawn as long as the order is not issued by AKEP.

5. Nevertheless what is prescribed in the point 2 of this Article, with the purpose to achieve the objectives set in the Article 7, AKEP may also treat the case at its own initiative.

6. Subject to such order might be any of the terms and conditions of access and/or interconnection agreements, including the tariffs. AKEP may attach to this order the conditions related to related to fairness, transparency, non-discrimination, reasonableness, and timeliness. With regard the tariffs definition, the Articles 53, 55, 56, 57, 58 and 59 of this law shall be applied.

7. Where a part of the claims submitted and part of the respective analysis are terms and conditions of an access and interconnection agreement, as well as the tariffs payable for the services and/or facilities requested, AKEP can make decisions related to the terms, conditions and tariffs. Implementation time-term of those decisions shall be one month following their entrance into force.

8. Undertakings shall implement AKEP order within the time-terms stipulated in it. In case of failure to implement the decision, AKEP shall apply a fine according to the provisions of the Article 137 of this law.

Article 61.- Special control on anti-competitive behavior

1. SMP undertakings that provide public electronic communications networks and services should not abuse with their position in the market.

2. Where AKEP at its own initiatives, or following the receipt of a notification from other undertakings, or other interested parties deems that SMP undertaking is abusing with its position, presents the case before the Competition Authority, requesting for starting the respective legal procedures.

CHAPTER VII .- RADIO FREQUENCY SPECTRUM

Article 62.- Management of Radio Frequency Spectrum

1. Radio Frequency Spectrum is a limited natural source. Spectrum management should ensure its fruitful and effective use, in compliance also with the respective decisions of international organizations and obligation arising out of the conventions or agreement where the Republic of Albania adheres.

2. With the purpose to ensure the fruitful and interference-free use of the radio frequencies, the National Radio Frequencies Plan and the Plan for Utilization of Radio Frequencies are prepared.

3. The Radio Frequency Spectrum is administered by:

a) Authority of Electronic and Postal Communications (AKEP) for the frequencies bands allocated for civil purposes, with the exception of the frequencies bands allocated for broadcasting;

b) The National Radio Television Council (NRTC) on frequency bands allocated for radio diffusive (radio television) broadcastings, for the time it is not otherwise provided by the legislation in force;

c) Ministry of Defense, Ministry of Interior and State Informative Service for the radio frequency bands defined for the governmental purposes, national defense and civil order.

4. For the radio frequencies use, the civil users shall pay a tax as stipulated in a special/separate law.

Article 63. National Radio Frequency Plan

1. National Radio-frequency Plan or any amendments are adopted by the Council of Ministers, upon the proposal of the Minister. Development of the National Radio-frequencies Plan is done by the Minister in cooperation with other institutions in charge stipulated in point 3, Article 62 of this law.

2. National Radio Frequencies Plan is developed in accordance with the Radio Regulations of ITU and the European Common Allocation (ECA) Table. National Radio Frequencies Plan includes the radio communications services for the respective bands. To ensure fruitful and interference-free use of the radio frequencies, the National Radio frequencies Plan includes also provisions that guide the use of radio frequencies, as well as other detailed definitions.

Article 64.- Plan for Radio frequencies Utilization

1. AKEP shall develop the Plan for the Frequencies under administration.

2. Frequencies Utilization Plan is prepared in compliance with stipulations and instructions of the NPRF (National Plan of Radio Frequencies) and shall define sub-bands for different services of radio communications and shall bear parameters and technical conditions for usage of frequencies.

3. AKEP is entitled, for public interest, to deem as a priority the use of radio frequencies spectrum for proving the universal service and public electronic communications services.

4. AKEP shall publish the national plan for radio frequencies utilization, conditions, procedures and payments related to the use of the radio frequencies spectrum and shall update this information on regular basis.

5. The information on frequency bands reserved in the scheme for using the radio frequencies spectrum for country security purposes by the Ministry of Defense, Ministry of Interior and the Informative Service, shall not be made public.

6. AKEP, by means of regulatory documents, shall defined the ways of creating the call signs and codes and identification numbers, their use and types of radio communications services for which they are used.

7. AKEP shall define through regulatory documents, the technical terms and operation of the amateur radio communications services.

Article 65.- Radio frequencies Use

1. Natural persons or legal entities may only use radio frequencies following AKEP preliminary authorization according to provisions of this Law.

2. The right to use the radio frequencies is limited only in case it is conditioned from insufficiency of frequencies and obligation to ensure their efficient usage.

3. Where the frequencies are used in contradiction with this law and the relevant regulations, and without the respective authorization issued according to this law, the AKEP takes all the necessary measures according to this law.

4. A radio frequency authorization shall not be required from AECP for radio-frequencies used under the National Radio-frequencies Plan for the purposes of defense and national security.

5. Certain radio frequencies may be used without authorization in accordance with the provisions made under this Law, as well as in compliance with the international rules and obligations accepted by the Republic of Albania.

Article 66.- Issuance of Individual Authorization

1. AKEP shall issue an Individual Authorization in accordance with the National Radio-frequencies Plan and the Plan for Radio-frequencies Utilization pursuant to the Articles 62, 63, 64, 65, 66, 67, 68, 69, 70 and 71 of this Law.

2. In cases of restriction according to point 2, Article 65 of this Law, AKEP shall use the public tender procedure for allocating the use of radio frequencies following a prior Minister’s approval.

Article 67.- Individual Authorization Issuance Procedures

1. Radio frequencies may be used only on the basis of an individual authorization for the use of the radio frequencies unless defined otherwise in this Law.

2. Where no individual authorization is needed for the use of radio frequencies, according to point 5, Article 65, AKEP shall define in the general authorization the conditions for the use of radio frequencies.

3. Issuance of radio frequencies shall be done in compliance with the definitions in the National Radio-frequencies Plan and Plan for Radio-frequencies Utilization on non-discriminating, transparent and objective basis.

4. Radio-frequencies shall be issued for use only if:

a) purpose of their use is foreseen in the National Radio-frequencies Plan and Plan for Radio-frequencies Utilization;

b) they are available for use;

c) they guarantee compliance with the use of other frequencies;

ç) fruitful and interference-free use by the applicant is ensured.

5. Radio frequencies individual authorization is issued on basis of an application submitted to AKEP, which shall include the following:

a) Undertaking name and address;

b) Registration data;

c) Undertaking contact person/point;

ç) Explanations about the needs of radio frequencies use;

d) Technical solutions, particularly data on geographical area of the use, method of radio diffusion calculation and definition of the service area, geodesy data on the location of the transmitter, the power, the modulation and the type of the transmission, the antenna system and the radio equipment.

6. AKEP shall be obliged to issue an individual authorization within 30 days of the date of full request receipt according to point 5 of this Article.

7. AKEP shall decide to refuse to issue an individual Authorization in case:

a) the applicant has had a decision on an assignment revoked in the last 5 years due to law violation;

b) the assignment of Radio-frequencies would not guarantee efficient use of radio-frequency spectrum;

c) the signal of the radio equipment would cause unavoidable harmful interference to the other radio equipment, or electrical or electronic systems;

ç) authorization issuance shall endanger the public order or national security.

Article 68.- Taking opinions of interested parties

1. Where AKEP considers that interest in a particular band of frequencies spectrum could exceed the availability of frequencies in this band, in order to ensure their efficient use, it shall conduct a public consultation process with the interested parties concerning the conditions of use of such frequency band. Public notice for this consultation, shall, in any case, include:

a) information on radio frequencies or frequencies band for which the restriction shall be applied;

b) expected number of authorization to be issued;

c) conditions that AKEP deems to apply for issuing the right to use the radio frequencies;

ç) reasons that lead to the idea to restrict the authorizations to use the radio frequencies.

d) Request that the interested parties to express their opinion on market value of frequency or frequency band.

2. AKEP shall publish a public notice for the submission of opinions of interested parties concerning the market value of the radio frequencies, within a period not shorter than 30 days.

3. AKEP shall be obliged to keep the confidentiality of the possible proposals of the interested parties regarding the market value of those radio-frequencies.

4. Simultaneously with the publication consultation conclusions according to this article, AKEP shall make public the notice on limitation of the rights/authorizations number to use radio frequencies, if such limitation is necessary to achieve the aim of the radio frequencies use, and if this is not against the interests of users or the development of economic competition.

5. If AKEP, on the basis of the consultations held with the interested parties according to this article, concludes that the demands for the available frequencies to be allocated in a particular band exceeds the frequencies available to be allocated this band, it shall follow the public tender procedure for the allocation of these frequencies within 30 calendar days of the publication of the notice on limitation of the number of rights/authorizations to use radio frequencies following the Minister’s approval.

Article 69.- Implementation of Procedure

1. Tender procedure is initiated by AKEP following the approval by the minister, according to the legislation in force, for the frequencies allocation and assignment. The procedure shall be objective, transparent, non-discriminatory and proportional in order to satisfy the objectives provided in the Article 7 of this Law.

2. Service activation time, authorization period and number of undertakings shall be stipulated by the Minister, whereas the other activities shall be carried out by AKEP.

Article 70.- Authorization Content

1. Radio-frequency authorization for the frequencies usage shall contain:

a) data of the holder of authorization;

b) radio-frequencies assigned;

c) location and area of coverage;

ç) period of validity of authorization;

d) conditions to be fulfilled in the use of the assigned radio frequencies, according to Article 71 of this law.

2. Users of radio frequencies shall be obliged to report to AKEP all possible changes relating to the data specified in letter “a”, point 1 of this article, within 30 days from the onset of such changes.

Article 71.- Conditions for using the assigned radio-frequencies

1. Conditions to be met by the user in radio-frequencies utilization shall also apply to the electronic communications services or electronic communications networks for which the radio frequencies are assigned;

2. AKEP in the authorization shall include the conditions that specify:

a) measures to ensure an efficient use of the radio frequencies, including where necessary, the requirements related to the coverage and signal intensity (transmission power),

b) technical and operational conditions necessary for avoidance of harmful interferences, and limitation of public exposure the public to electro-magnetic fields,

c) duration of the right to use radio-frequencies,

ç) transfer of ownership rights to use radio frequencies and the conditions for such transfer;

d) payments of fees;

dh) additional obligations undertaken by the selected bidder during participation in the public tender (e.g. dynamics of construction of an electronic communication network, etc.);

e) obligations related to the international acts and agreements in which the Republic of Albania adheres.

Article 72.- Duration of the Validity of the Radio Frequencies Authorizations

1. AKEP shall issue authorizations for an interval no longer than 15 years.

2. AKEP shall issue authorizations intended for aeronautical and maritime mobile services, with duration until the cessation of their use;

3. AKEP shall issue RF authorizations intended for the purpose of researches, measurement and attestation of radio communication equipment for a restricted area of coverage and for no more than 90 days.

4. AKEP shall issue RF authorizations intended for special events for a period of time no longer than 60 days.

Article 73.- Extension of validity of the radio frequencies authorizations

1. Upon the request of the authorization holder, the authorization validity may be extended only if at the end of its terms all conditions prescribed for the use of the radio frequencies are met.

2. Applications for the extension of radio frequencies authorization validity shall be submitted no less than 30 days and no more than 90 days prior to its expiry.

3. In case of extension, AKEP shall issue a new radio-frequency authorization, for a period not longer than that of the previous authorization.

4. The validity of radio frequencies authorizations intended for the purposes of research, measurements and attestation of radio communications equipment, and those intended for special events may not be extended.

Article 74.- Individual Authorization Transfer

1. Transfer of the right to use radio-frequencies to another undertaking is prohibited without a prior decision of consent from AKEP. Consent may be given only to a request in writing from the authorization holder.

2. Upon the receipt of request for transfer according to point 1 of this Article, AKEP shall verify that the undertaking, to which the right to use the radio frequencies is proposed to be transferred, satisfies all conditions prescribed in this Law, and the respective, applicable regulations of AKEP; and that the proposed transfer will not distort competition, as well as will not harm the safe, secure and efficient use of the radio frequencies spectrum.

3. AKEP shall asses the transfer request of right for frequency usage also in context of increasing the efficiency of frequency spectrum usage, protection of public interest and transparency regarding the transferring.

Article 75.- Amendment to Individual Authorization

1. AKEP may amend the individual authorization at its own initiative in the following cases:

a) the National Radio Frequencies Plan or Plan for Radio Frequencies Use, or the rules for the conditions of the radio frequencies use have changed;

b) there is a public demand that cannot otherwise be met;

c) amendment is required for the efficient use of radio frequencies for the public benefit;

ç) harmful interference cannot otherwise be avoided;

d) amendment is required by the international acts applicable in the Republic of Albania.

2. In the cases foreseen in point 1 of this article, AKEP shall issue a new individual authorization for the radio frequencies use including the amendment. Such new authorization shall include also a reasonable period within which the authorization holder shall adapt the radio frequencies in conformity with the new authorization.

3. Where appropriate or in special cases, according to point 1 of this Article, AKEP may fully revoke the radio frequencies authorization and issue a new authorization with new contents.

4. The individual authorization holder shall carry out all necessary actions, according to the amendments in the new individual authorization for the use of radio-frequencies, at its own expense.

5. Users of assigned radio frequencies, the authorization for which has been amended shall have the right to be assigned other equivalent radio-frequencies, within the possible spaces according to Frequencies Usage Plan if the reasons for the authorization amendment or revocation arose through no fault of their part.

6. Where the amendments to the radio-frequencies individual authorization are requested by the holder, the new authorization may be issued according to the terms of this Law, and in such way that does not encroach upon the rights of other users.

Article 76.- Revocation of Individual Authorization

1. AKEP may revoke a radio frequencies individual authorization either upon the request of the authorization holder, or at its own initiative.

2. AKEP shall revoke a radio frequencies individual authorization at its own initiative in case it verifies that:

a) application of the radio-frequencies authorization contained false data;

b) holder of the right to use the radio-frequencies has not used the assigned frequencies within one year from the starting date, or has used them for different purposes other than those prescribed in the authorization;

c) provisions of this Law or the conditions of radio frequencies individual authorization have been infringed;

ç) the deficiencies made evident from AKEP and notified to the undertakings, have not been removed within the defined time- term;

d) the fees for the radio frequencies use are, not paid within 30 days following the due term or 15 days after AKEP notification.

dh) there is no other possibility to avoid the harmful interferences caused by the signals of the radio equipment, receivers or other electric and electronic systems.

e) Fees paid for the year in which the authorization revocation occurs are non-refundable.

Article 77.- Expiry of Validity of radio frequencies individual authorization

1. Validity of the individual authorizations may cease:

a) upon the expiry of the interval for which they are issued;

b) if the authorization holder has ceased to exist;

c) if the authorization holder failed to start using the radio frequencies within 1 (one) year of the issuance of the radio-frequency authorization, unless otherwise is stipulated therein;

2. AKEP shall issue an order on cessation of the radio-frequencies individual authorization.

3. Fees paid for the year, in which the individual authorization revocation occurs, are non-refundable.

Article 78.- Payments for the radio frequencies use

Payments/fees for the radio frequencies use are done according to provisions of Article 119 of this Law.

CHAPTER VIII. RADIO EQUIPMENT AND TELECOMMUNICATION TERMINAL EQUIPMENT

Article 79.- Use of the terminal equipment

1. Undertakings may not refuse for technical reasons a reasonable request to connect a radio or telecommunication terminal equipment that complies with the requirements from the regulations governing the radio and telecommunication terminal equipments.

2. Users may not connect to the public communications network radio or telecommunication terminal equipments that do not comply with the requirements from the regulations governing the radio and telecommunication terminal equipments.

3. AKEP shall define rules on issuing of certificates for the radio and telecommunication terminal equipments in conformity with the Directive 99/5/EC, dated 9 March 1999 (Directive R&TTE).

CHAPTER IX.- NUMBERING, NAMES AND ADDRESSES

Article 80.- Numbering Plan

1. Numbering plan defines the structure, length and allocation of the numbers for access to the public communications networks and services.

2. AKEP shall administrate the Numbering Plan in order to:

a) ensure efficient structuring and use of numbers and series of numbers;

b) satisfy the reasonable needs of operators and providers of public electronic communications service for the allocation of the numbers under this Law;

c) ensure that the allocation and use of numbers is fair, transparent and non-discriminatory.

3. AKEP shall keep all data related to administration of the Numbering Plan.

4. AKEP shall publish on its website the allocated numbers and number ranges, as well as their users.

Article 81.- Use of Numbers, names and addresses

1. The numbers and series of numbers of the Numbering Plan may be used only pursuant to AKEP decision.

2. AKEP prepares rules also for appointment and usage of names and addresses, aiming at ensuring transparency, fairness and non-discrimination for their users.

Article 82.- Allocation of numbers

1. Undertakings of public electronic communications networks and services may apply for allocation of numbers and numbers ranges.

2. Application shall contain the following data:

a) name, address of headquarters, and documents that make evident/verify the registration of activity;

b) data on type, quantity and purpose of use of the allocated numbers or series of numbers applied for;

c) assessment plan of needs for the following 3 years;

ç) planned date of commencing the use of the allocated numbers or series of numbers;

d) additional data as AKEP may require to administrate the use of numbers;

3. AKEP shall define in a detailed way, through a regulatory document, the content and the sample application form, as well as the requirements to be met by the applicant.

4. AKEP shall decide to refuse the numbers allocation in case:

a) the application for allocation of numbers contains false data;

b) the applicant is not eligible for allocation of numbers or series of numbers pursuant to this Law;

c) the intended use does not justify the allocation of the requested quantity or type of numbers.

5. Undertakings have the right to define the numbers or series of numbers for their end- users within the numbering allocated by AKEP.

Article 83.- Conditions for the numbers use

1. Holder of the right to use the numbers according to this Law:

a) is obliged to return the allocated numbers or number series if they are not in use;

b) may not use the allocated number and series of number for the purpose other than the one they are allocated for.

c) may not transfer or lease the numbers or the number series allocated without a prior approval from AKEP;

ç) the allocated numbers and number series may be transferred along with the activity exercised, when the new holder fulfils the demands to use the numbers and the number series in compliance with AKEP decision;

d) is obliged to make the payments for the numbering according to this Law;

dh)should meet the demand for the numbering transfer whenever it is required so;

e) is obliged to use the numbers or the number series allocated only for the purpose they have been allocated, and not to cause any harm to any other group of users;

ë) to fulfill the obligations that derive from the international acts related to number allocation and use, applicable in the Republic of Albania.

Article 84.- Amendment to decisions on allocation of numbers and number series

1. In order to fulfill the obligations or international recommendations and in order to ensure satisfying quantity of numbers, the AKEP can change the structure and configuration of the numeration and also appointments of numbers. In such circumstances, the holder of the numbers and the numbers series shall not have the right to claim compensation.

2. AKEP may change the decisions for the allocation of the numbers and number series even upon the request of their holder; in the cases this is possible.

Article 85.- Revocation of decisions on allocation of numbers and series of numbers

1. AKEP may revoke the right for using the numbers and the number series in case it is found that:

a) the holder of the request to use numbers or number series does not comply with the requirements prescribed in this Law related to the numbers and number serials allocation;

b) the holder of the right to use numbers and number serials has not paid in time the annual obligation for using the numbers and the number series;

c) the holder of the rights to use the numbers and the number serials has not started yet to use them within a period of 3 years from the date they were allocated;

Also, AKEP can revoke the right of using the numbers and series of numbers upon request of the holder of the right to use numbers or number series.

2. For cases stipulated in letters “a”, “b”, “c” of point 1 of this Article AKEP shall issue a notification with an explanation on the revoking of the allocated numbers and series of numbers.

3. In the cases when the revocation is a result of non-paying the fees on numbering to AKEP, the revocation term shall not be shorter than 30 days from the date of receiving the notification, referring to point 2 of this Article.

4. In case a decision is taken according to what is foreseen in point 1 of this article, for revoking the assigned numbers and number series, the implementation of this decision may not be shorter 60 days from the date of receiving the notification

5. Revocation of the numbers and series of numbers to the undertaking shall be done upon written notices sent from AKEP.

Article 86.- Payments for use of allocated numbers and series of number

1. Holders of the rights to use the numbers and the number series shall make a payment to AKEP for the use of allocated numbers and series of numbers.

2. Criteria for the calculation of the payment shall be based on the type, use and length of numbers.

3. The fee for use of assigned numbers and series of numbers shall be paid in advance for each current year, starting from the date of issuance of the decision for allocating numbers and series of numbers.

4. The fee for use of assigned numbers and series of numbers shall be paid according to the provision prescribed in Article 119 of this Law.

Article 87.- Number portability

1. Undertakings of public telephone networks shall create in the networks the possibility that the subscribers retain their telephone number, regardless of the undertaking that offers the telephonic service, as follows:

a) in the event of geographic numbers – to a specific region/location;

b) in the event of non-geographic numbers – to any specific region/location.

2. Provisions of Article 1 shall be applicable only within the number ranges defined for telephonic service.

3. The numbers are not portable from the public fixed communications networks to public mobile communications networks and vice versa.

4. All undertakings of public fixed electronic communications networks and services shall be obliged to enable geographical portability to all their subscribers, whenever changing the undertaking providing the public fixed telephony services.

5. All undertakings of public mobile electronic communications networks and services shall be obliged to enable geographical portability to all their subscribers, whenever changing the undertaking providing the public mobile telephony services.

6. Undertakings may charge their subscriber or other undertakings with a fee for the number portability. Tariffs shall be cost-oriented and should not act as a disincentive factor for the use of such service by the subscribers.

7. Undertakings shall be obliged to bear the costs for adapting and maintaining their networks so as to enable number portability.

Article 88.- Implementation of number portability

1. AKEP shall, by a special regulation, define the manner and timing of implementation of number portability.

2. In compilation of the regulations referred to in point 1 of this Article, AKEP shall take into consideration:

a) technical feasibility of number portability;

b) technical parameters that are maintained during the number portability in order to ensure that the number portability will not result in degradation of service quality or network reliability;

c) deployment schedule for number portability implementation, shall in no event be longer than 1 year from the date this Law enters into force;

ç) technical trials foreseen for the proposed system for number portability.

Article 89.- Emergency call service numbers

1. All undertakings of public telephone networks shall be obliged to ensure that users of publicly available telephone services, including users of public pay telephones, are able to call emergency call numbers free of charge.

2. All undertakings of public telephone networks or publicly available telephone services shall be obliged to make available free of charge to emergency call services, and if technically feasible, identification of the calling number and caller location information.

Article 90.- Non-geographic numbers

1. Undertakings of public telephone networks or publicly available telephone services shall be obliged, where technically and economically feasible, to provide a possibility for the users from countries outside of the Republic of Albania to be able to call non-geographic numbers defined in the Republic of Albania according to National Numbering Plan.

2. Undertakings of public telephone networks or publicly available telephone services shall not be obliged to comply with the obligation from point 1 of this Article, where a called subscriber has chosen, for commercial reasons, to limit the calls originating from specific areas.

3. Undertakings of electronic communication networks and public communications networks shall allow the use of nomadic public telephony service for their users.

CHAPTER X.- MEASURES FOR PROTECTION OF PUBLIC ELECTRONIC COMMUNICATIONS NETWORKS

Article 91.- Public Electronic Communications Networks

1. Public electronic communications network is constructed to support the public electronic communications services, and it functions as a nationwide network, equally for all users, open to all undertakings and integrated in the international network, in compliance with the international standards.

Article 92.- Protection of network from damages

1. Undertaking holds an accurate and full documentation for its own network. Upon official request, the undertakings give to the institutions in charge by law on the urban planning, and also to each other data for parts of this network, in order to avoid the damages in the network from the underground or construction works or from the possible electrical influences, caused by putting into action the devices near the electronic communications network.

Article 93.- Right for using the public and private property

1. Undertaking has the right to use land, sites or objects under the state ownership, including the buildings and the drainage over or under them, the underwater rights and the air space rights, the streets, the lakes, the forests, etc., for installing the electronic communications devices, as well as for their maintenance.

2. The ownership or the other rights to the real estate properties, in the cases of special interest for the establishment, functioning, and the maintenance of the public electronic communications networks and the accompanying infrastructure, shall be nullified or limited according to the procedures and the manners defined in the legislation in effect, unless defined otherwise in this Law.

3. Public electronic communications networks shall be planned as to create the least possible risks and concerns for the private property.

4. Before starting work in the sites or in the areas under public ownership, the undertakings should notify the respective authorities and should respect all the conditions set by them. The disputes between the undertaking and the respective authority are settled by the court.

5. Undertaking is obliged to use the properties above, in compliance with the laws that protect the environment and at the end of the works, when objectively possible, is obliged to turn the area in the previous conditions.

6. Undertaking uses the land, the sites and the objects under private ownership, in agreement with their owners and in compliance with the legislation in force.

7. In case the installing or the maintaining of the electronic communications devices damages the property or changes its functioning, the undertaking shall be obliged to indemnify for the damage, according to the legislation in force.

Article 94.- Obligation of undertaking for maintenance

1. Undertakings shall be obliged to maintain the electronic communications equipments in good working conditions in accordance with the technical conditions and respective standards.

2. In satisfying the requirements for maintaining the electronic communications equipments, the employees authorized by the undertaking, shall have the right to enter public and private property, to perform the necessary operations, as well as for placing different signs, that indicate the presence of electronic communications facilities.

3. To ensure the proper functioning of the electronic communication equipment, the operator has the right to cut trees, shrubs, branches and roots that may damage the equipments listed above, in compliance with the demands of the legal acts and sub-acts in force. If the owner hinders the operator when carrying out these duties, the operator has the right of appeal to competent authorities, which shall take the necessary measures within 15 days period.

Article 95.-Protection of the network from damages caused by third parties

1. Individuals or private public entities, who perform construction and excavation works, are required to inform public telecommunication operators prior to commencement of these works to prevent damage to the existing electronic communication network.

2. If the works in the existing electronic communication network are indispensable all expenditures for protecting, diverting, or repairing damage to the networks will be covered by the organization performing the works.

3. Disputes among parties shall be resolved in court.

Article 96.- Obligations for construction undertakings

1. In case of construction of buildings for commercial activities or for housing purposes, the construction undertakers shall be obliged to build up the internal telephone network.

Article 97.- Standards of electronic communication equipment

1. Only equipment with technical features in accordance with the standards harmonized and approved by the international organizations and institutions/bodies where the Republic of Albania adheres may be connected to a public electronic communication network.

CHAPTER XI.- RIGHTS OF USERS

Article 98.- Transparency and Publication of Information

1. Undertakings of the public electronic communications services and networks shall publish detailed and transparent information on applicable prices and tariffs and on the general conditions for access to and use of public communications services. This information is made public through public information means.

2. AKEP shall define, by means of a regulatory document, the type and content of the information that the undertakings of the public electronic communications services and networks are obliged to publish.

3. AKEP shall publish information in order to inform users on communications services based on quality and tariffs of services that will enable users to make choices in the Bulletin and its webpage.

Article 99.- Subscription Contract

1. Undertakings shall provide connection or access to the public electronic communications networks on the basis of contract signed with subscribers, for the implementation of the legislation in force: The subscription contract in particular shall contain:

a) name and address of undertaking;

b) full identity of the subscriber and his/her address;

c) services provided, service quality level offered, as well as the time for the initial connection

ç) type and manner of maintenance of services offered;

d) detailed information on tariffs, and the time periods for notifying any changes thereof;

dh) information on the entry into force, duration of the subscriber contract, and the conditions for extension and termination of the subscriber contract, as well as the provision of services;

e) any compensation and the refund arrangements to be applied in the cases when the contracted service quality levels does not comply with the quality level foreseen in the contract;

ë) instructions on dispute settlement procedures;

f) obligation to notify subscribers of intended modifications to the conditions in the subscriber contract and instructions on how to accept the new conditions for extension or termination of the contract;

g) possibility for the users data not to be publicly accessible in the telephone directory;

gj) procedures in the event of non-payment or untimely payment of services;

2. If the providers of public communications services establish subscriber contracts with end users, such contracts must also contain the elements listed point 1 of this Article.

3. Subscribers must be informed of all proposed modifications to the conditions in the subscriber contract within a period not less than 30 days prior to the proposed introduction of a modification. The subscriber has also the right to terminate, without notice or consequences, the subscriber contract if they disagree with modifications to the conditions.

4. Violation of point 3 of this Article by an undertaking shall not relieve the subscriber of the obligations on the basis of the previous contract.

5. The sample subscription contract signed from the undertaking and subscriber must be based on the principle of equality between the parties. It is compiled by the undertaking, and approved by AKEP.

Article 100.- Subscribers Registration

1. Undertakings of electronic communications services and networks shall be obliged to register their subscribers, both postpaid and prepaid, prior to the service activation.

2. The form with the data which are compulsory to be given by the subscribers to enable their registration according to this Article, are defined by AKEP.

Article 101.- Data Preservation and Administration for the penal proceedings purposes

1. Regardless of other definitions in this Law, the undertakings of public electronic communications services and networks shall be obliged to preserve and administrate, for a 2 year period, the data files for their subscribers.

2. The data files for the subscribers should contain data that enable:

a) identification of the subscribers, providing the complete identification and the registration of them;

b) identification of the terminal equipment used during the communications;

c) definition of the date, time, duration of the communication and number called.

3. Those files shall be made available, in the electronic format as well, to the authorities prescribed in the Code of Penal Procedure, upon their request.

Article 102.- Quality of the communications public service

1. The undertakings of the public electronic communications services and networks shall be obliged to publish comparable, adequate and up-to-date information on the quality of their services.

2. AKEP, on the basis of special regulation, shall define the communications service quality parameters.

Article 103.- Presenting of Calling Line Identification (CLI)

1. In the public electronic communications network, the calling user shall be offered, whenever technically and economically possible and justifiable, upon his/her request and payment free, to prevent the display of the Calling Line Identification (CLI), according to calling-calling principle, excluding in any case the calls toward the emergency numbers.

2. In the public electronic communication networks, the called user shall be offered, whenever technically and economically possible and justifiable, upon their request and payment free, to prevent the display of the CLI coming calls. When the calling line identification CLI, is displayed before the call is established, the called subscriber shall be offered the opportunity, upon his request and payment free, to reject the coming calls when the CLI presentation is prevented.

3. In the public electronic communication networks, the calling users shall be offered the opportunity, at its own initiative and payment free to prevent the display of the number at the called user.

4. Undertaking shall be obliged to inform about the terms and conditions for the possibility of the display of the identification of the calling line, as well as the different possibilities to prevent the display of the calling line identification.

5. Undertakings that have established direct relations with the international undertakings, in agreement with them, shall be obliged to define whether they are going to implement the provisions in the points 1, 2 and 3 of this Article also for the calls originated outside the territory of the Republic of Albania, informing for this issue the other interested parties as well.

Article 104.- Telephone Directories and Directory Enquiry Services

1. All subscribers of public telephone services shall have the right to an entry in the general telephone directory.

2. Undertakings of public electronic communications services and networks that allocate telephone numbers to subscribers shall be obliged to approve all reasonable requests for the provision of publicly available directory enquiry services and directories, including all relevant data, in prices publicly available.

3. All the end users of the public telephone services must have access to the telephone directory and in the section of enquiry services.

4. The subscriber has the right, upon a previously submitted request to the operator, to choose the data that will not be included in telephone directory and in the section of enquiry services

5. Undertakings shall be obliged to ensure the confidentiality of the subscriber data, including its storage, usage and disclosure, in compliance with this Law and other by-legal acts in force.

Article 105.- Operator assistance

1. Undertakings shall be obliged to organize and to have functional help (assistance) services toward the end users , and to use all the possible means to inform the end users for these services and the possibility of their use, as well as the possible fees in case these services are offered completely or partially with a payment.

2. All end users with access to the public electronic communications network must have access to operator assistance of the undertaking.

Article 106.- Itemized billing

1. Undertakings shall be obliged to provide for its subscribers to publicly available telephone services access to itemized billing that enables them to control the sum charged.

2. In the itemized billing, according to point 1 of this Article may not cover calls to toll free phone numbers, including emergency call numbers.

3. The itemized billing for public telephone services shall include at least the following elements:

a) billing period;

b) fixed monthly payment for the service;

c) type and amount of all other possible payments in the billing period;

ç) numbers called, date, time and call duration;

d) respective payment for every communication done;

Article 107.- Right of Objection and Appeal

1. The method and procedure for dealing with the complaints of end users shall be defined in conditions of the subscriber contract

2. Subscribers shall have the right to object to decisions or actions of undertakings relating to access to or provision of services, whenever they are in conflict with the terms of the contract.

3. The objections referred to point 2 of this Article, shall be filed in writing within 15 days from the date of receipt of the decision or action made by the undertaking.

4. The undertakings shall decide upon the appeal within 15 days of its receipt, and shall inform the subscriber thereof in writing.

5. The subscribers have the right, in compliance with the definitions in the contract for the resolution of the disputes, to appeal in the court for the decision taken from the undertaking according to point 4 of this Article. The appeal is done according to this Law and the other legal acts in force.

Article 108.- Restriction or Interruption of Access

1. The undertakings providing access to the public electronic communications network may, without the consent of users, temporarily restrict or interrupt the access to their services if required due to upgrading, modernization or maintenance or in the event of faults or damage of the network.

2. Undertakings shall inform AKEP and notify the users for the restriction or the interruptions of the service which will last more than 30 minutes. This information must be delivered:

(a) at least 48 hours in advance in the case of planned upgrading, modernization or maintenance of network;

(b) as soon as practicable, but in no event later than 48 hours, following the occurrence of restriction or interruption caused by faults or damage of the network.

3. The undertakings should undertake all the necessary measures, to make the restrictions and interruptions last as short as possible;

Article 109.- Disconnections of the Subscriber

1. Undertakings providing access to the public communications networks may restrict the access to their services and/or may disconnect the subscribers and terminate the subscriber contract only if the subscriber fails to settle his or her liabilities or breaches other conditions laid down in the subscriber contract.

2. Undertakings shall define accurately and in details in the contract conditions the cases when the service limitation, interruption or the contract interruption occurs.

3. In the cases when the conditions of the contract are not fulfilled by the subscriber, the undertakings are obliged to send him/her a written notice within a reasonable time limit, in order for the subscriber to fulfill the conditions of the contract.

4. Undertakings shall not be obliged to notify subscribers in advance of measures undertaken if the breach of the contract

(a) causes an immediate and serious threat to public order and safety or health of people and the environment;

(b) causes serious physical, material or operational damage to the network.

5. If a subscriber objects to the amount of a bill, the undertaking may not act in accordance with point 1 of this Article until the final decision is reached, where the subscriber, shall be obliged to pay the amount within the defined time interval.

6. If technically feasible, operators shall be obliged to restrict access only to those services with regard to which the user breaches the subscriber contract, except in instances of abuse, persistent late payment or non-payment of bills.

7. Undertakings shall not restrict the access to and use of emergency call numbers.

Article 110.- Public Consultation

1. AKEP, in the preparation process of regulatory documents for the electronic communications market, and prior to taking decisions that will significantly influence such market, shall be obliged to obtain and take appropriate account of the opinions of interested parties through a public consultation.

2. In the process of the public consultation, AKEP shall publish the proposed regulatory documents and shall seek the submission in writing of opinions thereon from interested parties within the published interval, which may not be shorter than 30 days.

3. If AKEP deems necessary, it may also hold a public hearing, at which representatives of interested parties may be invited to present their opinions on the proposed regulatory documents.

4. After the expiry of the interval from point 2 of this Article, and prior to the adoption of the regulation, AKEP shall make publicly available the obtained opinions, keeping the confidentiality of information.

CHAPTER XII.- ELECTRONIC COMMUNICATIONS IN SPECIAL CASES

Article 111.- Emergency Measures for the Provision of Services

1. The undertakings shall be obliged, with their own networks and services, to face the state needs in extraordinary situations, and when requested to serve to the national defense and public order interests.

2. The undertakings providing access to public electronic communications network and provide electronic c ommunications services available to public shall develop and submit to AKEP a plan of measures to ensure the integrity of the public communications network and to ensure access to the public communications services applicable in extraordinary situations. In the meaning of this Law, extraordinary situation means serious network damages, natural disasters, state of emergency or state of war.

3. The plan of measures according to point 2 of this Article shall ensure uninterrupted access and use of the emergency numbers.

4. The plans of measures shall oblige undertakings to implement emergency measures throughout the duration of the extraordinary situation.

5. The Minister, in cooperation with the other structures legally assigned to cope with the extraordinary situations and with AKEP, proposes to the Council of Ministers the measures to be included in the plans of measures according to point 1 of this Article.

Article 112.- Cooperation of undertakings in specific cases

1. Undertakings shall be obliged to cooperate among them and with the government organizations, inter-government and non-profitable organizations to use the electronic communications resources to facilitate and to cope with the specific cases:

a) putting the ground and satellite communication equipment to prevent, supervise and ensure the prevention of the natural damages, disasters in general, and health ones in particular;

b) giving notifications on natural disasters, health disasters through the organizations related with them, and spreading the data in the public especially in the communities that are mostly endangered;

c) establishing and putting into function the flexible electronic communications services that are used by the humanitarian organizations.

2. To facilitate the implementation of above-stated measures, the undertakings may sign special agreements, and set special payments or to sign amendments to the existing agreements.

Article 113.- Provision of Universal Service during strikes

1. Universal service providers shall be obliged to make a decision by which they will preliminary select the employees who must, during strikes, ensure the uninterrupted provision of universal service or fulfilling the obligations of the undertaking pursuant to Article 112 of this Law.

CHAPTER XIII.- FUNCTIONING OF ELECTRONIC AND POSTAL COMMUNICATIONS AUTHORITIES

Article 114.- Status and Governing Council of Electronic Communications and Postal Authority

1. The Authority of Electronic and Postal Communications is a public, non-budgetary, legal entity. Authority of Electronic and Postal Communications is chaired by the Governing Council, which is independent in the decision making, and it functions based on the Internal Regulation, which the Council itself has adopted.

2. The Electronic and Postal Communications Authority Headquarters is located in Tirana.

3. The Governing Council is composed of 5 members appointed for a 5 year office term, by the Assembly of the Republic of Albania, with the proposal of the Council of Ministers, and having the right for no more than 1 office terms. The Assembly appoints as the Chairman one of the members of the Governing Council. The Chairman of the Council is the Executive Director of the Electronic and Postal Communications Authority.

4. Member of the Governing Council shall be graduates and qualified experts, with a minimum of 7 years experience and shall represent the sector of the electronic communications, postal, economic, and juridical.

5. Any Governing Council member, upon appointment shall resign from any official positions or functions, give up any for-profit activity, as well as to sell and liquidate any financial interest that might he/she might have in companies that exercise commercial activity under the jurisdiction of the Electronic and Postal Communications Authority.

6. An individual cannot be member of the Board if he/she:

a) is a spouse or has family ties with members of the Council of Ministers, up to the second generation;

b) has been convicted by a final court judgment for any criminal act;

c) is debtor or creditor in a company which is subject to the regulatory framework of the Electronic and Postal Communications Authority;

ç) is excluded by law to hold public state positions/functions.

Article 115.- Decision Making and Structure of the Governing Council

1. Governing Council shall make decision by a majority of votes when at least 3 members are present. Each of the members, including the Chairman, has the right of one vote. None vacancy in the Governing Council of the Electronic and Postal Communications Authority shall effect the right of the rest of the members to exercise all rights granted to the Governing Council of the Electronic and Postal Communications Authority.

2. The members of the Governing Council of the Electronic and Postal Communications Authority shall not participate in the voting process, when it is verified one of the cases prescribed in the Article 37 of the Code of Administrative Procedures in the Republic of Albania.

3. Salaries of the Governing Council members are defined upon a decision of the Council of Ministers.

4. Organizational structure, number and salary of the Electronic and Postal Communications Authority staff shall be defined according to the legislation in force.

5. Governing Council defines the employment rules and criteria according to the laws in force.

Article 116.- Discharge and dismissal of Governing Council members

1. A member of the Governing Council is discharged or dismissed by the body that has appointed him/her if he/she:

a) is physically or mentally incapable of carrying on assigned tasks;

b) has been found guilty of a crime by a final court judgment while exercising the duties of the member;

c) is appointed or is running for member of Parliament in the Republic of Albania or in the local government bodies, with exception when he/she is a member of professional associations and holds duties in them;

ç) has refused to or does not carry on assigned tasks without cause, or has been unable to exercise his/her duty for 6 months or more;

d) is included in any of the provisions of the Article 114, point 6 of this Law.

dh) acts in contradiction with provisions of this Law.

2. When a member has been discharge or dismissed, according to point 1 of this article, a new member is appointed by the respective authority, as stated in Article 114 of this Law.

3. A dismissed Board member shall not have the right to be re-appointed in the Governing Council.

Article 117.- Financing and Budget of Electronic and Postal Communications Authority

1. Financing sources of the Electronic and Postal Communications Authority are the payments according to the definitions in Article 24 and 119 of this Law and other legal acts in force.

2. Not later than six months before a financial year starts, the Electronic and Postal Communications Authority makes a forecast of the operational cost fund and submits it to the Council of Ministers for approval.

3. The Electronic and Postal Communications Authority shall keep full and accurate accounts of actual expenses, in compliance with the Albanian legislation on accounting.

4. Any amount exceeding the expenses of the Electronic and Postal Communications Authority shall go to the State Budget.

Article 118.- Publication

1. The documentation filed to the Electronic and Postal Communications Authority shall be made publicly available during a specified time within the business hours. Those files shall include documentation, which is indexed according to instructions, procedures and standards defined by the Governing Council of the Electronic and Postal Communications Authority, respecting the principle of confidentiality.

2. Important documentation such as criteria, notification procedures, issuance of authorization for the right to use, authorizations issued, technical rules and regulations, standards, etc, shall be published in the Bulletin and in the webpage of the Electronic and Postal Communications Authority.

Article 119.- Payments

1. Payments made to the AKEP are:

a. Payment on supervision of electronic communication market according to the stipulations in Article 24;

b. Payment for universal service financing according to stipulations in Article 30;

c. Payment for allocation and usage of frequencies, according to stipulations in Article 78;

ç. Payment for allocation and usage of numbers and series of numbers according to Article 86.

2. Definition of payments for allocation and usage of numbers and series of numbers stipulated in letters “c” and “ç” of point 1 of this article shall be approved by the Council of Ministers upon AKEP proposal.

CHAPTER XIV.- DISPUTES

Article 120.- Disputes resolution

1. AKEP shall resolve disputes between undertakings of electronic communications networks and services, in cases prescribed by this Law and pertinent regulations thereto.

2. In cases referred to in point 1 of this Article, AKEP shall initiate a dispute resolution procedure at the request by any party to the dispute.

3. AKEP shall apply the provisions of the Code of Administrative Procedures to the dispute resolution, unless otherwise stipulated by this Law.

4. AKEP shall, during resolution of disputes, be obliged to take into consideration the objectives of ensuring effective competition and protection of users' interests, as provided under this Law.

5. AKEP shall be obliged to publish decisions relating to disputes, where it must take into account the prohibition on publication of the business secrets of parties.

CHAPTER XV.- DATA AND PRIVACY PROTECTION

Article 121.- Confidentiality

1. Undertakings should take measures on the electronic communications systems and data processing systems to keep the secret of the electronic communications and personal data, as well as to prohibit the unauthorized access in the electronic communications systems and data processing systems.

2. Undertaking, the authorized people and its employees, shall be obliged to keep and protect the data and the communications confidentiality conducted through the network and its services throughout of the activity, as well as after its completion.

3. Undertaking may be informed about messages or data transmitted through his/her network only to the extent necessary to perform the duty for the provision of electronic communications services.

4. Receiving, registering, publishing and using of data and messages transmitted by the electronic communications network and that are not for the public, as well as their provision to unauthorized people is prohibited unless is defined otherwise in the legislation in force.

Article 122.- Protective Measures

1. Undertakings of public electronic communications networks and services shall be obliged individually, and jointly where necessary, to adopt appropriate technical and organizational measures to ensure the security of their networks and/or services.

2. Such measures must ensure a level of security and protection appropriate to the reasonable foreseeable risks.

3. Undertakings of public electronic communications networks and services shall be obliged to inform their users of particular network security risks and the means whereby users can reduce such risk, as well as of the potential costs covered by the users, if the risk lies outside the scope of measures which the undertaking may take.

Article 123.- Communication confidentiality

1. Communication confidentiality shall apply to:

a) content of communication

b) traffic data and location data related to the communications,

c) data on unsuccessful attempts to establish a connection

2. All forms of surveillance, tapping, interruption, recording, storage, transfer and diverting of communications and data referred to in point 1 of this Article are hereby prohibited, except in cases where it is necessary for the purpose of conveyance of a message as a fax message, electronic mail, electronic mailbox, voice mail, SMS message or in the cases stipulated by law.

3. In case the undertakings of public electronic communications services and networks need to obtain information on the content of communications, or copy or store communications and related traffic data, they shall be obliged to inform the subscriber on entering subscriber contracts or at the start of provision of public communications services. In case the information or content of communication is no longer required for the provision of the specific public communications service, they shall erase it as soon as technically feasible.

4. Subscribers or users may record communications, but they shall be obliged to inform the sender or recipient of the communication thereof or adjust the operation of the recording device so that the sender or recipient of the communication is informed of its operation and recording.

5. Recording of communications and the associated traffic data shall be permitted with the objective of securing evidence of market transactions or any other business communications, or within organizations receiving emergency calls, for their registration, identification and resolution.

6. The use of electronic communications networks to store data or gain access to data stored in the terminal equipment of subscribers or users for further processing shall only be permitted in cases where the undertaking of public communications networks and services:

a) informs in advance the subscriber or user of the purpose of processing of such data;

b) gives the subscriber or user the right to refuse such request; and

c) provides the subscriber or user with a designated point of contact to which to communicate such refusal.

7. Storage of or access to data shall be permitted for the sole purpose of faster carrying out the transmission of a message over an electronic communications network, or if essential for the provision of an information society service which the subscriber or user explicitly requested.

Article 124.- Traffic Communication Data

1. Traffic data relating to subscribers and users processed and stored by an operator of public communication network or a provider of public communication service must be erased or made anonymous, as soon as it is no longer needed for the transmission of a message.

2. Operators and service providers of public communications networks may store and process traffic data required for billing and interconnection payments until payment for services.

3. Providers of public communications services may, for the purpose of marketing electronic communications services or for the provision of value added services, process traffic data only on the basis of the subscriber's or user's prior consent. Subscribers or users must be informed of the types of traffic data processed and the duration of such processing prior to giving consent. Users or subscribers shall have the right to withdraw their consent at any time.

4. Operators and service providers of public communications networks shall be obliged to stipulate in the subscriber contract the manner of storage, duration and processing of traffic data and to declare that they shall handle them in accordance with this Law.

5. Traffic data may only be processed by the responsible persons with the operator of public communications networks or service provider of public communications who are responsible for billing or traffic management, customer enquiry response, fraud detection, electronic communications services marketing, or provision of value added services, and the processing must be restricted to the extent that is necessary for conducting the activities.

6. Operators and service providers of public communications networks shall be obliged to provide the traffic data, after a prior request from AKEP for the purposes of proceedings pursuant to this Law.

Article 125.- Calling and Connected Line Identification

1. The operator or service provider of public communications networks offering calling line identification shall be obliged to enable the calling user, before each call, to use the possibility, using simple means and free of charge, of preventing the presentation of the calling line identification. Providers of public communications services shall be obliged to provide its subscribers the identification for all calls from their lines, to automatically and free of charge prevent.

2. Operators and service providers of public communications networks shall be obliged to override obligations of point 1 of this Article only for emergency calls.

3. The operator or service provider of public communications networks offering calling line identification shall be obliged to enable the called user of preventing the presentation of the calling line identification, before each call, to use the possibility, using simple means and free of charge.

4. If an operator or service provider of public communications networks offers called line identification and the identification is possible prior to the line being established, the called subscriber must have the possibility, using simple means and free of  charge, of rejecting incoming calls where the calling line identification has been prevented by the called user or subscriber.

5. If an operator or service provider of public communications networks offers called line identification, it shall be obliged to enable the called user, to use the possibility, of preventing the connected line identification to the calling user, using simple means and free of charge.

6. If a subscriber requests in writing that the operator trace malicious or nuisance calls, the operator or service provider of public communications network may temporarily record the origin of all calls ending in the network termination point of such subscriber, including those for which prevention of calling line identification has been requested.

7. Data on tracing must be stored and their further treatment from the undertaking shall be done as stipulated in the legal frame in force.

8. Operators and service providers of public communications networks shall be obliged in their general conditions for conclusion of subscriber contracts to determine the possibility of presentation and prevention of calling and connected line identification.

9. Provisions of this Article shall apply to subscriber lines connected to digital exchanges and to analogue exchanges only if such requirements are technically feasible or would not cause unjustified costs.

Article 126.- Location data

1. Location data other than traffic data relating to users or subscribers may be processed only in anonymous form or on the basis of a prior consent by the user or subscriber to the extent and for the duration of the provision of a value added service.

2. Users or subscribers may withdraw at any time the consent referred to in point 1 of this Article.

3. Users or subscribers, prior to giving their consent for data processing, must be informed about the following:

a) type of data to be processed,

b) purpose and duration of such processing,

c) possibility that location data may be transmitted to third parties for the purpose of providing the value added service

4. Users or subscribers who have consented to the processing of location data from point 1 of this Article shall have the possibility, using simple means and free of charge, of temporarily refusing the processing of such data for each connection to the network or for each transmission of a communication.

5. Location data from point 1 of this Article may only be processed by competent people employed by the operator or provider of public communication services or employed by third parties providing value added service, but they must be restricted to the extent that is necessary for the provision of the value added service

6. If technically feasible, operators shall be obliged to supply the location data referring to emergency call numbers to the competent body responding to emergency calls.

Article 127.- Automatic Call Forwarding

1. Subscribers must have the possibility, using simple means and free of charge, of stopping automatic call forwarding by a third party to their terminal equipment.

2. Provision from point 1 of this Article shall apply only if the implementation is technically feasible or would not cause unreasonable costs.

Article 128 .- Unsolicited Communications

1. The use of automated calling systems for making calls to the subscribers’ telephone numbers without human intervention (e.g. facsimile machines or electronic mail), for the purposes of direct marketing, may only be allowed if subscribers have given their prior consent.

2. Natural persons or legal entities having electronic mail addresses from the customers of their products or services may use such addresses for direct marketing of their similar products or services, but they shall be obliged to give their customers the possibility at any time, free of charge and using simple means, of preventing such use of their electronic address.

3. The sending of electronic mail for the purposes of direct marketing disguising or concealing the identity of the sender on whose behalf the message is sent, or without a valid address to which the recipient may send a request that such communications cease, shall be prohibited.

Article 129.- Subscriber Data

1. Operators may obtain the following data on their subscribers:

(a) name or title of the subscriber;

(b) identity number for natural persons, and tax and registration numbers for legal entities;

(c) activity of the subscriber, at his request;

(ç) address of the subscriber;

(d) subscriber’s number;

(dh) at the request of the subscriber, academic title after the name of the subscriber;

(e) on the basis of payment, additional data if so desired by the subscriber, provided that this does not encroach on the rights of third parties;

(ë) regularity of payment.

2. Data stated in point 1 of this Article may only be used for:

a. signing, monitoring and terminating the subscriber contract;

b. billing for services;

c. the preparation and issuing of subscriber directories in accordance with this Law.

3. On termination of a subscription/contract, data from paragraph 1 of this Article must be stored for not less than one year from the date of issuance to the subscriber of the latest bill for services provided, and if during such interval an order is issued by the competent body for the storage and transmission of such data, for the period stipulated by the order of the competent body.

Article 130.- Telephone Directories

1. Besides provisions in article 104 of this law, subscribers must be informed free of charge of the purposes of directories and of the use of such data before it is made available to the public. Costs of informing subscribers shall be borne by the undertaking.

2. Subscribers must have the opportunity to determine which, if any, of their personal data from point 1 of Article 129 will be included in a public telephone directory. Subscribers may verify their personal data or require their correction or erasure.

3. Refusal to be included in a public telephone directory, and verifying, altering or erasing personal data shall be charged on the basis of real costs.

Article 131.- Lawful Interception of Communications

The lawful interception of electronic communications is done in compliance with the legal framework in force. Undertakings of the electronic communications public networks and services should meet the obligations under such legal framework.

CHAPTER XVI.- INSPECTION, MONITORING OF FREQUENCIES SPECTRUM AND ADMINISTRATIVE MEASURES

Article 132.- Inspection

1. The inspection of the activity of the public electronic communications services and networks undertaking, or any other natural person or legal entity that exercise activity in the field of electronic communications, is conducted by AKEP inspectors.

2. AKEP inspectors are provided with special identification document. They inspect in the premises where the undertaking exercises its activity even without prior notice, in order to verify the conformity with provisions of this law and the respective regulation issued for its implementation.

3. Undertaking, other natural persons or legal entity that perform activities in the field of electronic communications shall be obliged to enable the inspector to enter and inspect where the electronic communications equipment are located and to deliver at the request of the inspector the necessary data and documentation.

4. Where special expertise is needed, the inspectors may ask for experts.

Article 133. Monitoring of Frequency Spectrum

1. AKEP monitors the frequency band stipulated in the National Plan of Frequencies in order to:

a) usage of frequencies allocated upon authorization is made in compliance with the legal framework in force, for the implementation of the conditions of the authorization;

b) the frequency band is used only used from authorized users according to provisions of this law;

c) create a suitable environment and with no interferences harmful to operating of radio transmission systems and stations which will be used for private or public purposes.

2 The AKEP cooperates on the monitoring of frequencies if such request comes from other institutions authorized by this law for the administration of frequencies band.

3 Monitoring of the frequencies shall be made in compliance with the respective regulation drafted by the AKEP.

4 Monitoring of the frequencies can be made upon request of the subjects who own an authorization issued by the AKEP.

Article 134.- Equipment Blocking and prohibiting their function

1. When a natural or legal entity exercises an activity in the electronic communications field unauthorized by AKEP the inspectors shall block the equipments.

2. The blocked equipments shall be inventoried and sequestrated. After 1 month from the date such blocking, the equipments shall be sold by the authorized entities according to the law. Part of the proceeds of sale, as it is defined in the respective contract between AKEP and the above entity, shall pass to the State Budget

3. When the inspectors ascertain that the radio equipment of the undertakings of the public electronic communications services and networks, cause harmful interferences, nevertheless the issuance of an authorization for their use, they shall have the right to interrupt their further functioning.

4. Blocking and sealing the functioning of the equipments, according to this Article, shall be indicated with a seal whose content and form shall be defined by AKEP.

5. Upon the undertaking written request to AKEP, the inspector shall make the necessary verification and in case it is ascertained that the harmful interferences have been avoided, shall allow the further functioning of the equipment suspended according to point 3 of this Article.

6. For the implementation of duties deriving from articles 132, 133, and 134 of this law, the AKEP cooperates with local government and police authorities.

Article 135.- Administrative violations

1. Where AKEP inspectors have sufficient evidence that an undertaking of public electronic communications services and networks, or any other natural or legal entity that exercises activity in the electronic communications field, has violated this Law and the approved regulations, shall have the right to impose fines, pursuant to article 137 of this Law, and to request for taking measure for remedy, specifying the period for such remedy;

2. Where AKEP inspectors verify that an undertaking of public electronic communications network and services, has violated this Law and the approved regulations, except point 1 they shall have the right to:

(a) propose to the Governing Council of the Electronic and Postal Communications Authority, revocation of the frequencies/numbering use;

(b) propose to the Governing Council, revocation of the right for offering services to the electronic communications networks;

3. The Governing Council of the Electronic and Postal Communications Authority after the examination of the inspectors proposal, in compliance with letters “a” and “b” of point 2 of this Article decides:

(i) to warn the undertaking, in writing, by specifying the violation committed;

(ii) to approve the inspectors’ proposal

4. Prior to decision making, the Governing Council of the Electronic and Postal Communications Authority calls the undertaking in a public hearing giving the opportunity to submit explanations. AKEP shall make the decision in compliance with the Code of the Administrative Procedures.

Article 136.- Appeal

1. An appeal against the fine imposed by the inspectors according to, letter “a”, point 1, article 135 of this law may be filed to AKEP Governing Council within 10 days from the date of its imposition. The Governing Council makes a decision within 30 days from the appeal date. An appeal against the decision of AKEP Governing Council may be made within 30 days from the announcement date to the district court, in whose jurisdiction such violation is committed.

2. Against AKEP Governing Council decisions, according to point 3, Article 134, of this law may be appealed to Tirana District Court within 30 days from the decision date.

Article 137.- Penalties

1. The following violations, where they do not constitute a criminal offence, shall be considered as administrative violations and shall be subject to the fines as follows:

I. A fine in the amount of 7% to 10% of the annual revenue acquired by the legal entity during the previous calendar year, or of the total gross revenues acquired by the legal entity for the current year in case the legal entity commenced its operations during that year, shall be imposed if the legal entity:

1. fails to notify AKEP prior to the commencement of the construction and use of public communications networks or services according to Article 14.

2. fails to establish a separate legal entity or to keep separate financial accounts of the income, if it uses electronic communications networks or services for own-use for the provision of public communication services according to Article 23, point 2;

3. fails to provide universal service as required by Article 25;

4. fails to meet the obligation on transparency according to Article 40;

5. fails to meet the obligation on non-discrimination according to Article 39;

6. fails to meet the separated accounts obligation according to Article 41;

7. fails to comply with the obligations imposed relating to price control or cost accounting to Article 45, 59;

8. fails to comply with AKEP decision on price regulation according to article 58 of this law;

9. fails to comply with AKEP order on signing access and interconnection agreements according to Article 60;

10. fails to comply with the obligations imposed relating to ensuring the minimum set of leased lines according to Article 44;

11. fails to comply with the obligations imposed relating to allowing access to and use of specific network facilities according to articles 46 and 47;

12. fails to comply with the obligations imposed on ensuring the selection or pre-selection of the carrier according to Article 43;

13. fails to comply with the obligations on reference offer according to Article 52;

14. uses radio frequencies without an authorization for use of radio frequencies according to Article 65;

15. uses numbers and series of numbers without AKEP decision according to Article 81;

16. fails to submit data on the network according to Article 92;

17. undertakes surveillance, tapping, interruption, recording, storage and diverting of communications and data in instances forbidden by the provisions of Article 123, point 3;

18. fails to comply with the obligation on lawful interception of communications according to Article 131;

19. prevents AKEP inspectors from entering in the premises where the communication equipment and technical devices are installed or fails to submit the data and documentation requested by inspectors according to Article 132, point 3;

II.  A fine in the amount of 3% to 5% of the annual revenue acquired by the natural person during the previous calendar year, or of the total gross revenues acquired by the natural person for the current year in case the natural person commenced its operations during that year for the violations specified in the point I above.

III.  A fine in the amount of 4% to 7% of the annual revenue acquired by the legal entity during the previous calendar year, or of the total gross revenues acquired by the legal entity for the current year in case the legal entity commenced its operations during that year, shall be imposed if the legal entity:

1. fails to construct and establish the public communications networks and additional facilities so as to enable their joint use, according to Article 22, point 1;

2. fails to implement AKEP decision on setting the payment/fee for joint use of the facilities for ensuring public telecommunication networks and services according to Article 22, point 7;

3. where undertaking is assigned as a universal service provider, discriminates in the inclusion of data obtained from different operators in the general telephone directory or in the directory enquiry service, according to Article 25;

4. fails to set equal prices throughout the territory of the Republic of Albania for services provided as universal services, according to Article 27, point 2;

5. fails to determine tariffs and general payment conditions for certain universal service according to Article 27, point 4;

6. fails to achieve the measured values of quality parameters at least three times in succession, according to Article 28, point 5;

7. fails to pay the compensation for real costs for provision of universal service within the interval and in the amount defined by AKEP according to Article 30, point 4;

8. fails to submit to AKEP the information on annual revenues according to Article 30, point 5;

9. fails to respond to the request for providing access offer within the deadline stipulated in Article 46 point 1;

10. fails to meet a requirement for interconnection according to Article 47, point 1;

11. fails to protect confidentiality of data exchanged when negotiating on interconnection according to Article 47, point 2;

12. transfers the right to radio frequencies without AKEP prior consent according to Article 74, point 1;

13. fails to enable number portability for its subscribers, according to Article 87;

14. fails to publish transparent information on applicable tariffs and on the general conditions of access to and use of public communications services according to Article 98, point 1;

15. fails to inform users and AKEP of the restriction or termination of access to their services in accordance with Article 108 point 2;

16. restricts access to its services, disconnects subscribers or terminates a subscriber contract in contraction with the provisions of subscriber contract, according to Article 109, point 1;

17. introduces discriminatory and disproportionate measures, against what is prescribed in Article 109;

18. fails to inform the subscriber in writing of the made violations and fails to set a time limit for the fulfillment of the contractual obligations according to Article 109, point 3;

19. fails to adopt and submit to AKEP a Plan of Measures on extraordinary situations, according to Article 111 point 2;

20. fails to meet the obligations of Article 112, point 1;

21. fails to provide uninterrupted access to emergency call numbers with the measures of the plan of measures, according to Article 113;

22. fails to protect the confidentiality of electronic communications according to Article 121, point 2;

23. acquires for itself or for another party information on the contents, facts and circumstances of transmitted messages in excess of the minimum necessary extent essential for the provision of specific electronic services, or fails to use such information solely for the provision of such services and in compliance with contractual undertaking relating thereto, according to Article 123 point 3;

24. fails to inform the users in a clear and understandable manner about the purpose and use of data, or fails to offer an opportunity for refuting such data processing, or fails to obtain the consent of a user prior to the processing of data, according to Article 123, point 6;

25. fails to erase traffic data or make such data anonymous after termination of the need for transmission of the message according to Article 124, point 1;

26. processes traffic data without the prior consent of the user or subscriber according to Article 124, point 3;

27. allows traffic data to be processed by persons that are not authorized to do that, according to Article 124, point 5;

28. fails to process location data according to Article 126;

29. allows that location data be processed by persons that are not authorized to do that, according to Article 126, point 5;

30. uses the electronic address of customers for direct marketing without allowing the customers to refuse such direct marketing, according to Article 128, point 2;

31. uses a false identity or false address in direct marketing with the use of electronic communications, according to Article 128, point 3;

IV. A fine in the amount of 2% to 4% of the annual revenue acquired by the natural person during the previous calendar year, or of the total gross revenues acquired by the natural person for the current year in case the natural person commenced its operations during that year for the violations specified in the point III above.

V. A fine in the amount of 2% to 4% of the annual revenue acquired by the legal entity during the previous calendar year, or of the total gross revenues acquired by the legal entity for the current year in case the legal entity commenced its operations during that year, shall be imposed if the legal entity:

1. fails to act in compliance with the requirements for approval and allocation of radio frequencies, according to Articles 70 and 71;

2. fails to act in accordance with the decision on the allocation of numbers and series of numbers, according to Article 83;

3. fails to plan public communication networks in a manner that will allow minimum interference and jeopardizing of the private property, according to Article 93, point 3;

4. fails to inform in advance the respective authorities prior to commence the works, according to Article 93, point 4;

5. a subscriber contract does not contain all the prescribed elements according to Article 99, point 1;

6. fails to inform its subscribes of the amendments to the conditions of the subscriber contract according to Article 99, point 3;

7. fails to make available a level of itemized billing that enables control of the sum charged according to Article 106;

8. the itemized bill does not contain data prescribed , according to Article 106, point 3;

9. fails to ensure calling line and called number identification and prevention thereof according to Article 125, point 1;

10. in the general conditions for concluding a subscriber contract fails to stipulate the possibility of calling line (called number identification) and prevention thereof according to Article 125, point 8;

11. fails to inform the users or the subscribers of the elements prescribed in Article 126, point 3 before they provide consent for processing the data;

12. fails to offer subscribers or users the possibility of temporarily refusing the processing of location data according to Article 126, point 4;

13. uses subscriber data collected in contravention to Article 129 point 2;

14. fails to inform subscribers free of charge of the purpose of subscriber telephone directory and the usage of in the directory, according to Article 130, point 1;

15. fails to provide subscribers with the opportunity to determine whether and which of their personal data will be included in the telephone directory according to Article 130, point 2;

16. refuses to enable the subscriber to verify, alter or erase the personal data in the public directory claiming that such services are not free of charge according to Article 130, point 3;

17. fails to pay the full payment for market supervision within the time period set forth in Article 24, point 3;

18. fails to pay in full payment for use of radio frequencies within the time period set forth in Article 78;

19. fails to pay in full payment for use of allocated numbers and series of numbers within the time period set forth in Article 86.

VI. A fine in the amount of 1% to 2% of the annual revenue acquired by the natural person during the previous calendar year, or of the total gross revenues acquired by the natural person for the current year in case the natural person commenced its operations during that year, for the violations specified in the point V above.

VII. A fine in the amount of 1% to 2% of the annual revenue acquired by the legal entity during the previous calendar year, or of the total gross revenues acquired by the legal entity for the current year in case the legal entity commenced its operations during that year, for any other violations not defined in the points above.

VIII. A fine in the amount up to 1% of the annual revenue acquired by the natural person during the previous calendar year, or of the total gross revenues acquired by the natural person for the current year in case the natural person commenced its operations during that year for the violations specified in the point VII above.

2. The fine is an executive title collected by AKEP and allocated to the state budget.

3. Appeals may be filed against the penalties imposed according to Article 136 of this Law.

Article 138.- Transitional provisions

1. TRE Governing Council, appointed in complaince with the Law nº 8618, dated 14.6.2000 “On Telecommunications in the Republic of Albania” as amended, shall continue to function even after this law enters into force. Its members shall continue to hold office within the time-term specified in the appointment term decision. Calculation of their term shall start from the day of their appointment.

2. Council of Ministers decisions issued pursuant to Law nº 8618, dated 14.6.2000 “On Telecommunication in the Republic of Albania” as amended, shall remain in force until the issuance the respective decisions in compliance with this Law.

3. TRE and Minister decisions, orders and instructions shall remain in force until the issuance the respective decisions, orders and guidelines in compliance with this Law.

4. All licenses issued in compliance with Law nº 8618, dated 14.06.2000 “On Telecommunications in the Republic of Albania” as amended, shall remain in force, nevertheless the abrogation of such Law, until the moment they are amended in compliance with the provisions of this Law, but not later than 6 months following the entrance into force of this Law.

Article 139.- Repeal

1. Law nº 8618, dated 14.06.2000 “On Telecommunications in the Republic of Albania”, as amended, is repealed.

Article 140.- Entry into force

This law shall enter into force 15 days after its publication in the Official Journal.

Declared with decree nº 5747, dated 9.6.2008 of the President of the Republic of Albania, Bamir Topi.