General provisions (Entered into force 25 July 2003)
Introductory provisions
Section 1
The provisions of this Act aim at ensuring that private individuals, legal entities and public authorities shall have access to secure and efficient electronic communications and the greatest possible benefit regarding the range of electronic communications services and their price and quality.
This objective shall mainly be achieved through the promotion of competition and the international harmonisation of the sector. However, universal services shall always be available for everybody on equivalent terms throughout Sweden at affordable prices. When applying the Act, particular regard shall be taken to the importance of electronic communications for the freedom of expression and freedom of information.
Section 2
Measures that are implemented in accordance with this Act may not be more extensive than appears to be reasonable, and should be proportional having regard to the objectives of the Act and the other interests referred to in Section 1.
Section 3
The public authority appointed by the Government shall receive reports, consider applications, decide on obligations and otherwise consider issues and deal with matters and also exercise supervision under this Act or under regulations issued in accordance with the Act.
Scope of the Act
Section 4
This Act applies to electronic communications networks and communications services with associated facilities and services together with other radio use.
The Act is not applicable to content that is transferred in electronic communications networks with the aid of electronic communications services.
Section 5
The provisions of this Act do not replace the regulations for consideration under other acts.
Section 6
Besides the provisions of this Act, the Radio and Television Act (1996:844) contains provisions concerning broadcasting of sound radio and television programmes that are intended for the public and intended to be received with technical aids. The Radio and Telecommunications Terminal Equipment Act (2000:121) contains provisions concerning equipment.
Definitions
Section 7
In this Act the following words have the meanings ascribed subscriber: a person who has concluded a contract with a provider of public electronic communications services concerning the provision of such services, subscriber directory services: commercial operations for providing information about subscriber data to the public or for communicating subscriber data for such purposes, public communications network: an electronic communications network that is entirely or mainly used for the provision of public electronic communications services, public telephone network: an electronic communications network that is used to provide public telephony services and which facilitates the transfer of speech, telefax messages, data communication and other forms of communication between network termination points, user: a person who uses or demands the provision of a public electronic communications service,
electronic communications service: a service that is normally provided for payment, and which completely or mainly comprises the transmission of signals within electronic communications networks, electronic communications network: a system for transfer and, in appropriate cases, equipment for connection or routing and also other resources that allow the transmission of signals, via wire or radio waves, by optical means or via other lectromagnetic transmission media irrespective of what kind of information is transferred, location data: data that is processed in an electronic communications network and indicating the geographic position of the terminal equipment of a user, network interconnection point: a physical point at which a subscriber is connected to a public communications network, emergency call: a call to a public emergency service via a number within the approved numbering plan for telephony, operator: a party that possesses or in another way controls a public communications network or associated installation, radio installation: arrangement that facilitates radio communication or determination of a position, speed or other characteristics of an object by transmissions of radio waves (radio transmitter) or the receipt of radio waves (radio receiver), radio communication: transmission, broadcasting, or reception of signs, signals, writings, images, sound or messages of all kinds with the aid of radio waves, radio waves: electromagnetic waves with frequencies from 9 kilohertz to 3 000 gigahertz propagated without artificial guide, call: connection for transmission of speech, which allows two-way communication in what is perceived by the user to be real time, interconnection: physical and logical connection of public communications networks to make it possible for users to ommunicate with each other or to gain access to services that are provided in the networks, harmful interference: interference that endangers the functioning of a radio navigation service or any other safety service, or which in another way seriously impedes, prevents or repeatedly interrupts a radio communications ervice that functions in accordance with the applicable provisions, including interference of existing or planned services for nationally allocated frequencies, end-user: a user who does not provide public communications networks or public electronic communications services, telephony service: electronic communications service that involves the possibility to call up or receive a call via one or several numbers within a national or international numbering plan, including emergency calls, associated facility: arrangement, function or something else that does not constitute but is related to an electronic communications service or an electronic communications network, and which facilitates or supports that service or provision of services via that network.
Communications operations in war, etc.
Section 8
If Sweden is at war or in danger of war or if such extraordinary circumstances prevail as are caused by there being war outside Sweden’s borders or by Sweden having been at war or in danger of war, the Government may issue the regulations on electronic communications networks and communications services with associated facilities and services and also other radio use as necessary having regard to the defence and general security of Sweden. The Government or the public authority appointed by the Government may issue regulations about peacetime planning for the needs of the Total Defence for electronic communications under such circumstances as referred to in the first paragraph.
Section 9
A party that provides electronic communications networks or electronic communications services of particular importance from the public perspective may be ordered to take into account in a particular way the needs of Total Defence for electronic communications during times of alert.
Public communications networks of such a kind as are normally provided for payment or public electronic communications services may only be provided following notification to the public authority appointed by the Government (supervisory authority).
Section 2
Notification in accordance with Section 1 need not be given for an operation that only comprises transmission of signals via wire for broadcasting of sound radio programmes to the public or other activities as referred to in Chapter 1, Article 1, third paragraph of the Fundamental Law on Freedom of Expression.
The Government or, following authorisation by the Government, the supervisory authority may issue regulations regarding further exemptions from the notification obligation under Section 1.
Section 3
A party that conducts operations that are subject to a notification obligation in accordance with Section 1 shall apply such standards as the Commission of the European Communities has prescribed as mandatory in a list published in the Official Journal of the European Communities.
Section 4
A party that has been notified in accordance with Section 1 is liable to give notice without delay if the operation ceases.
Section 5
The Government or the public authority appointed by the Government may issue regulations on the recognition of operators in accordance with provisions adopted by the International Telecommunications Union.
Section 6
The Government or the public authority appointed by the Government may decide on matters of registration of Maritime Accounting Authorities in accordance with the provisions adopted by the International Telecommunications Union and also issue the regulations that are required for registration.
In order to use a radio transmitter in Sweden or on a Swedish vessel or aircraft abroad, a licence is required in accordance with the provisions in this Chapter.
Section 2
If the use of frequencies and the conditions and procedure for the grant of a licence to use a radio transmitter have been harmonised in accordance with international agreements to which Sweden has acceded or provisions adopted in accordance with the Treaty establishing the European Community, the party that has been granted such a licence shall be deemed to have a licence in accordance with Section 1.
Section 3
Requirements for a licence in accordance with Section 1 do not apply to the Police, the Swedish Armed Forces, the National Defence Radio Establishment and the Defence Matériel Administration in connection with operations that the Administration conducts on the assignment of the Swedish Armed Forces or the National Defence Radio Establishment. Following consultation with the Swedish Armed Forces, the public authority appointed by the Government shall decide on the assignment of radio frequencies for the Swedish Armed Forces, the National Defence Radio Establishment and the Defence Matériel Administration and also on the further conditions that are necessary. As regards the Police, the public authority appointed by the Government decides on such matters following consultation with the National Police Board.
Section 4
The Government or the public authority appointed by the Government may issue regulations on exemptions from the licence obligation under Section 1. In this connection, conditions may be prescribed that the radio installation where the transmitter is included should meet specific technical requirements and otherwise such conditions as referred to in Chapter 11, Sections 1 to 5, 7 to 10 and 12. Exemptions in accordance with the first paragraph may be limited in time, in which connection Section 12, second paragraph, shall apply correspondingly.
Section 5
A party that, in accordance with Section 3 or according to regulations issued under Section 4, is exempted from the licence obligation shall when applying this Act be deemed to have a licence under Section 1.
Section 6
A licence to use a radio transmitter shall be granted, if
1.
it may be assumed that the radio transmitter will be used in such a way that the risk for prohibited harmful interference does not arise,
2.
the radio transmitter, together with the intended radio receiver, is of such a nature in technical respects that it satisfies reasonable requirements on efficient frequency use and on the possibility to operate in an environment for which it is intended,
3.
the radio use constitutes an efficient use of radio frequencies,
4.
it may be assumed that the radio use will not impede such radio communications as are particularly important having regard to the free moulding of opinion,
5.
the radio use does not utilise radio frequencies that are required to maintain a reasonable preparedness for the development of existing and new radio uses or frequencies for which the radio use has been harmonised in accordance with international agreements to which Sweden has acceded or provisions adopted in accordance with the Treaty establishing the European Community,
6.
it may be assumed that the radio use will not infringe on radio frequencies that are required for operations referred to in Section 3, and
7.
having regard to the fact that the applicant has previously had a licence revoked or some other similar circumstance, there is no reasonable cause to assume that the radio transmitter will be used in violation of the licence conditions.
A licence to use a radio transmitter for broadcasts that require licences according to another Act or according to provisions issued under another Act, may only be issued if such a licence exists.
Section 7
The number of licences that are granted within one part of the radio spectrum may be limited, providing this is necessary to safeguard the efficient use of radio frequencies. A decision to limit the number of licences shall be reconsidered as soon as there is cause to do so.
Section 8
Should a question arise about granting a licence to use a radio transmitter for new or fundamentally altered radio uses and it may be assumed that the frequencies that can be assigned to the operation is not sufficient to grant a licence to everyone who wishes and who would be able to conduct such operations, consideration shall take place following an open invitation to apply, provided special reasons do not give cause to do otherwise. This also applies when the radio spectrum that is assigned to a certain radio use is extended or in some other way allows further licences to be granted.
The first paragraph does not apply to such radio use as
1.
primarily relates to the broadcasting of sound radio programmes to the public or other activities as referred to in Chapter 1, Article 1, third paragraph of the Fundamental Law on Freedom of Expression,
2.
is intended for private use, or
3.
exclusively relates to operations that are conducted with the purpose of ensuring public order and security.
Consideration under the first paragraph shall be conducted according to a comparative selection procedure, following a tender procedure where the price that the applicant is willing to pay for the licence shall be decisive or following a combination of these proceedings.
The Government or the public authority appointed by the Government may issue regulations concerning the content of an open invitation in accordance with the first paragraph and on procedures in accordance with the third paragraph.
Section 9
A licence to use a radio transmitter shall relate to a particular radio use. A licence to use a radio transmitter for a particular radio use and a licence to use individual radio transmitters within this use may be granted on separate occasions.
Section 10
A licence that relates to the digital broadcasting of sound radio programmes to the public or other activities as referred to Chapter 1, Article 1, third paragraph of the Fundamental Law on Freedom of Expression may be combined with the right to use the radio transmitter for other use, corresponding to at most twenty per cent of the digital capacity of that part of the radio spectrum. However, this only applies if conditions according to Chapter 3, Section 2, item 8 of the Radio and Television Act (1996:844) have not been imposed for the corresponding broadcasting licence and this does not otherwise adversely affect competition.
Section 11
A licence to use a radio transmitter may be combined with conditions concerning
1.
the frequencies to which the licence relates,
2.
which electronic communications services or kind of electronic communications networks or techniques the licence relates to,
3.
coverage and roll-out within Sweden,
4.
the nature of the antenna and the radio transmitter generally,
5.
the geographical area in which a mobile radio transmitter may be used,
6.
where the antenna for a fixed radio transmitter shall be located,
7.
competence requirements for those who will manage the radio installation,
8.
an obligation for the applicant to share frequency space with another,
9.
such matter as in accordance with a decision on the harmonised use of radio frequencies should be imposed as conditions when the party to be allocated a radio frequency has been nominated in accordance with international agreements or provisions adopted in accordance with the Treaty establishing the European Community,
10.
obligations in accordance with applicable international agreements as regards the use of frequencies,
11.
undertakings that have been made in conjunction with the grant of a licence in accordance with Section 8, and
12.
otherwise as required to ensure the actual and efficient use of radio spectrum.
Section 12
A licence shall be granted for a fixed term. The term of validity for the licence conditions may be shorter than the term of the licence.
When the term of validity for the licence and the licence conditions is decided, particular regard shall be taken to
1.
future changes in radio use,
2.
the period that the transmitter is intended to be used,
3.
the technical development that may be expected,
4.
the period that is required to achieve reasonable financial return on the equipment, and,
5.
such licence as according to Section 6, second paragraph, constitutes a precondition for a licence to use a radio transmitter.
Measures against interference
Section 13
If harmful interference occurs, the licence holder shall immediately ensure that the interference ceases or is reduced to the greatest possible extent, unless the interference is permitted. The same applies to a party using a radio receiver that interferes with the use of another radio receiver.
Section 14
Electrical or other electronic installations that, without being radio installations, are intended to generate radio frequency energy for communications purposes in lines or for industrial, scientific, medical or any other similar purpose, may only be used in accordance with the regulations issued by the Government or the public authority appointed by the Government. The Government or the public authority appointed by the Government may issue regulations for a prohibition against possessing electrical or electronic installations that are not subject to the first paragraph and which, without being radio installations, are intended to transmit radio waves.
Numbers
Numbering plans
Section 15
The Government or the public authority appointed by the Government may determine national numbering plans for electronic communications and issue regulations concerning the plans and their use. The plans shall be designed so that electronic communications networks and electronic communications services can be reached in an equivalent way.
Section 16
A party that conducts operations that are subject to a notification obligation in accordance with Chapter 2, Section 1, or provides electronic communications services in interconnection with the party that conducts such operations, is liable to comply with the approved numbering plans.
Section 17
A party that provides a public telephony service shall be capable of dealing with all calls to the European Telephony Numbering Space 3883.
Section 18
A party that determines national numbering plans shall keep these publicly available, except as regards information to which secrecy applies in accordance with Chapter 2, Section 2 of the Secrecy Act (1980:100).
Licence to use numbers
Section 19
Numbers from a national numbering plan may only be used with a licence. A licence shall refer to a series of numbers or individual numbers. The Government or the public authority appointed by the Government may issue regulations concerning the principles for allocation of numbers.
Section 20
A party that has been allocated a number series may not discriminate against others who provide electronic communications services as regards which numbers allow access to services in the networks.
Section 21
A licence to use numbers may be combined with conditions concerning
1.
the kind of service for which the number shall be used,
2.
the actual and efficient use of the number,
3.
a reasonable term of validity with reservations for possible changes in the national numbering plan,
4.
undertakings that have been made in conjunction with licences being granted in accordance with Section 22, and,
5.
obligations in accordance with applicable international agreements regarding the use of numbers.
Numbers of substantial financial value
Section 22
Licences to use numbers of substantial financial value may be granted following an open invitation to apply. Such a licence may be granted following
1.
a comparative selection procedure,
2.
a tender procedure where the price that the applicant is willing to pay for the licence shall be decisive,
3.
a procedure with random allocation, or
4.
a combination of the procedures under items 1 to 3.
The Government or the public authority appointed by the Government may issue regulations concerning the content of an open invitation and concerning procedures according to the first paragraph.
Assignment of licences
Section 23
A licence or part of a licence to use a radio transmitter or numbers may be assigned following consent from the authority that granted the licence. Such consent shall be granted, provided
1.
the assignee satisfies the requirements imposed on the applicant in conjunction with the licence being granted,
2.
there is no cause to assume that the assignment will have an adverse impact on competition,
3.
the assignment will not result in changed use of the radio frequencies, if these are harmonised according to provisions adopted in accordance with the Treaty establishing the European Community, and
4.
there are no other special reasons against doing so. The assignee takes over the rights and obligations of the assignor under this Act for the period following the consent. In the case of an assignment of part of a licence, the assigned part shall be deemed to be a new licence.
Upon granting consent, the authority may issue new or amended conditions resulting from the assignment.
An assignment in violation of this Section is invalid.
An operator of a public communications network is under a duty to negotiate on interconnection with a party that provides or intends to provide public electronic communications services.
Section 2
A party that in conjunction with a negotiation as referred to in Section 1 receives information concerning another undertaking’s business or operating circumstances may not improperly forward or utilise what he has become cognisant of or gained access to. The Secrecy Act (1980:100) applies to public operations.
Special obligations
Section 3
A party that controls access to end-users may be ordered to, in return for fair market reward, conduct interconnection or implement other measures that are required to ensure that end- users can reach each other.
Section 4
An operator that, according to Chapter 8, Section 7, has significant power in a particular market, shall in accordance with Chapter 8, Section 6 have one or more of the obligations referred to in Sections 5 to 12 imposed on it. Such an obligation shall aim to establish efficient competition.
An obligation for access may also be imposed on such an operator in other cases than those referred to in this Chapter, provided there are extraordinary reasons to do so and the measure is approved by the Commission of the European Communities.
Section 5
An operator referred to in Section 4 may be ordered to, in a reference offer or in another way, publicise specified details concerning
1.
accounting,
2.
technical specifications,
3.
network characteristics,
4.
conditions for provision and use,
5.
pricing, or
6.
other circumstances that are needed for openness on matters relating to interconnection and other forms of access. A decision on an obligation in accordance with the first paragraph shall include a notice concerning what information is to be provided, how detailed this should be and in which way it should be publicised. The operator may be ordered to change an item of information, provided this is necessary for it to correspond with the obligation that has been decided under this Chapter. A decision in accordance with the first or third paragraph may be combined with a default fine.
Section 6
An operator referred to in Section 4 may be ordered to apply non-discriminatory conditions in its operations. Such an obligation shall in particular ensure that
1.
the operator in similar circumstances applies equivalent terms in relation to others who provide equivalent services, and
2.
the services and the information that the operator offers to others are provided on the same conditions and are of the same quality as apply for the operator’s own services or for the services of a subsidiary or collaborating partner.
Section 7
An operator referred to in Section 4 may be ordered to account separately and report specified operations with links to interconnection and other forms of access. Such an obligation may refer to an operator applying open pricing for other operators and for internal transfer or to provide an authority with its accounts, including details of revenues from others.
Section 8
An operator referred to in Section 4 may be ordered to satisfy reasonable requirements on access to and the use of the network and associated facilities with the aim of providing electronic communications services. Such an obligation may relate to the operator
1.
providing another with access to specified parts of the network and associated facilities,
2.
extending access already granted to associated facilities,
3.
offering other operators specified services for resale,
4.
granting access to technical interfaces, protocol and other key technology that is necessary for interoperability between the services,
5.
offering co-location or other opportunities for joint use of associated facilities,
6.
offering specified services that are required to ensure interoperability between services, right up to the end-user,
7.
offering access to operational support systems or similar programme systems that are required to guarantee sound competition as regards the provision of services, or
8.
conducting interconnection or otherwise implementing measures so that networks or associated facilities can be connected.
Section 9
An obligation in accordance with Section 8 relating to access to a public telephone network between a main distribution frame or a similar interconnection point and a subscriber’s fixed network termination point shall, if the network there comprises a twin cable of metal, be combined with an obligation to publicise such a reference offer as referred to in Section 5. The offer shall contain the information referred to in Article 9.4 of Directive 2002/19/EC of the European Parliament and of the Council of 7 March 2002 on access to, and interconnection of, electronic communications networks and associated facilities (Access Directive). A decision on an obligation to publicise a reference offer may be combined with a default fine.
Section 10
When applying Section 8, the following shall be taken into account in particular:
1.
the technical and financial strength for the use and installation of alternative network parts or associated facilities, taking into account market developments and the nature and kind of interconnection and other forms or access,
2.
the available capacity,
3.
the risks that a new investment involves for the owner of the network or associated facilities,
4.
the need to protect competition in the long term,
5.
the intellectual property rights involved,
6.
the interest in the cross-border services within the European Economic Area, and
7.
the function and technical security of the network.
Section 11
An operator referred to in Section 4 may be ordered to observe cost coverage or apply cost-orientated or other pricing for specified types of interconnection and other forms of access. This may be done if a market analysis in accordance with Chapter 8, Section 5 shows that an inadequacy in efficient competition means that the operator can charge excessive prices or use price pressure in a way that disadvantages the end-users.
An obligation under the first paragraph may also relate to an obligation for the operator to apply a particular cost accounting method. Such an obligation shall be combined with an obligation to make a description of the method available to the public. The main categories of the costs and the rules for the distribution of costs should be stated in the description.
A party that has been ordered to orientate its pricing to costs shall demonstrate that the prices are fair and reasonable having regard to the costs and an obligation to adjust its prices may be imposed by order.
The Government or the public authority appointed by the Government shall issue regulations on the method to be applied for computation of cost-orientated prices, concerning what factors will form the basis for the computation and in which way this will be done.
Section 12
When applying Section 11, regard shall be taken to the investments that have been made by the operator. Such an obligation as referred to in Section 11 shall be structured so that the operator obtains a reasonable yield on the capital investment.
Other provisions
Section 13
An operator may not be ordered to apply different conditions for equivalent services. An obligation that relates to access shall be linked to the services that are actually provided, unless otherwise prescribed by conditions determined in accordance with Chapter 3, Section 11.
Section 14
An operator may also in other cases than those according to Section 8, item 5, be ordered to provide, in return for commercial reward, co-location or other opportunities for shared use of property or other resources, if this is required to protect the environment, public health or public security or in order to achieve the objectives of physical planning.
If it is necessary for the universal services shown below to be available at affordable prices, the party that is considered appropriate for this may be ordered to, at an affordable price,
1.
satisfy reasonable requirements for connection to the public telephone network to a fixed network termination point at a permanent place of residence or a regular business location, for everyone who requests it,
2.
satisfy reasonable requirements for access to public telephony services to a fixed network termination point at a permanent place of residence or a regular business location, for everyone who demands this service,
3.
in a subscriber directory, which shall be updated annually, make information about all telephone subscriptions available to the extent they are not subject to secrecy or a duty of confidentiality according to law,
4.
provide a complete directory inquiry service, regarding telephone subscriptions to the extent that the information that is provided is not subject to secrecy or a duty of confidentiality according to law,
5.
provide public payphones to the extent that, as regards quality, number and geographical distribution, satisfies the needs of the public, or
6.
provide access for people with disability to services according to items 2 to 5 to the same extent and on equivalent terms as for other end-users and satisfy the needs of people with disability for such special services.
Access to universal services shall be safeguarded through procurement by the State if this is called for especially having regard to the costs for the provision of the service or the network.
Section 2
A party that shall provide a service according to Section 1 may have an obligation imposed on it to within a particular time achieve particular performance objectives. This time may not be less than three months. A connection according to Section 1, first paragraph, item 1, shall be designed so that the end- user can conduct and receive local, national and international calls, telefax and data communication with a particular specified minimum data rate that allows functional access to the Internet. The Government may issue regulations concerning data rate according to the second paragraph.
Section 3
A party that shall provide access to public telephony services in accordance with Section 1, first paragraph, item 2 shall at the request of a subscriber bar without charge certain kinds of outgoing calls or numbers. A party that shall provide subscriber directories and directory inquiry services according to Section 1, first paragraph, item 3 or 4 shall treat the information received in a non-discriminatory way.
Section 4
A party that shall provide a service in accordance with Section 1 may, in appropriate cases, have an obligation imposed on it to
1.
without charge discontinue a public telephony service to a fixed network termination point, if the claim against the subscriber exceeds an amount that is stated by the subscriber in advance and the subscriber does not request that the service should be provided nonetheless,
2.
apply common tariffs throughout Sweden or apply a specified maximum price,
3.
make it possible for the consumer to pay in advance for connection to the public telephone network and for the use of public telephony services, and
4.
allow the consumer to pay for a connection to the public telephone network through payments that are spread over time.
Tariffs as referred to in the first paragraph, item 2, shall be made available to the public. A subscriber shall, in conjunction with a contract being concluded for the provision of public telephony services, be informed of his or her rights according to the first paragraph, item 1 and shall, during an ongoing contract period, be entitled to change the specified amount without charge. The discontinuation of the service shall not impede a subscriber from making emergency calls or other calls that are free of charge.
Section 5
A service according to Section 1 may not be provided on conditions whereby a subscriber is compelled to pay for something that is not necessary for the service.
Section 6
A party that shall provide a particular service according to Section 1 shall keep information about the performance that has been achieved upon the provision of the service available to the public, unless otherwise provided by provisions regarding secrecy or other protection of privacy. The Government or the public authority appointed by the Government may issue regulations regarding information in accordance with the first paragraph.
