Šajā tīmekļa vietnē tiek izmantotas sīkdatnes. Turpinot lietot šo vietni, jūs piekrītat sīkdatņu izmantošanai. Uzzināt vairāk.
Teksta versija
LEGAL ACTS OF THE REPUBLIC OF LATVIA
home
 

The Saeima1 has adopted and
the President has proclaimed the following law:

Law on High-speed Electronic Communications Network

Section 1. Terms Used in this Law

(1) The following terms are used in this Law:

1) high-speed electronic communications network - a public electronic communications network which is capable of providing an end user with public Internet access services with a data transmission speed of at least 30 Mb/s;

2) physical infrastructure - any infrastructure element in the possession or ownership of a network operator (for example, pipes, masts, ducts, inspection chambers, sewage wells, distribution cabinets, buildings, house inlets, engineering network supplies, towers, poles, and other support constructions) which is not an active network element but is established and is suitable for the placement of elements of an electronic communications network in order to provide the following:

a) electronic communications services;

b) manufacturing, transmission or distribution services, gas supply, electric power supply (including lighting of public places), heat supply, and water management (except for network elements which are used for drinking water supply in accordance with the laws and regulations in the area of water supply) services;

c) transport services, including rail, motorway, port, and airport services;

3) internal physical infrastructure - within the meaning of this Law: physical infrastructure or installation in a residential house or non-residential building from the access point or house inlet to the termination point which is suitable for the placement of a high-speed electronic communications network;

4) network operator - a merchant or institution of a derived public person which ensures physical infrastructure or which has such physical infrastructure in its ownership or possession;

5) access point - physical infrastructure inside or outside a building which is accessible to an electronic communications merchant and allows to connect to the internal physical infrastructure suitable for the high-speed electronic communications network;

6) single information point - single State and local government services portal www.latvija.lv which is under supervision of the State Regional Development Agency and contains a hyperlink to data of the Information System of Restricted Territories and data of the Construction Information System.

(2) Within the meaning of this Law the physical infrastructure shall not constitute cables.

(3) The terms "significant market power", "installation of an electronic communications network", "electronic communications merchant", "electronic communications network", "end user", and "associated facilities" shall be used in this Law within the meaning of the Electronic Communications Law.

Section 2. Purpose of This Law

The purpose of the Law is to promote the construction and installation of the high-speed electronic communications network by both constructing a new and using the existing physical infrastructure in a cost-effective manner.

Section 3. Scope of Application of this Law

(1) The Law prescribes the following:

1) the rights and obligations of the electronic communications merchant and the network operator regarding accessibility of the minimum information, inspection of and access to the physical infrastructure, as well as coordination of construction works of the physical infrastructure to ensure the high-speed electronic communications network;

2) the rights and obligations of the electronic communications merchant and the owner of a residential house or non-residential building regarding access to the internal physical infrastructure.

(2) The Law shall be applicable, insofar as it is not in contradiction with the following:

1) the laws and regulations governing the relevant field of public utilities;

2) the laws and regulations governing the field of State defence and national security.

(3) The competent authority in the field of State defence or national security shall take the decisions specified in this Law on provision of information, on authorisation to inspect the physical infrastructure elements, on access to the physical infrastructure or the internal physical infrastructure in the field of State defence or national security (including critical infrastructure facilities) on the basis of the relevant considerations regarding State defence and national security, while decisions on the critical infrastructure facility shall be taken by its owner. The decision-maker need not substantiate its refusal. The decision-maker shall comply with the time periods specified in Section 5, Paragraphs seven and eight, Section 6, Paragraph three, Section 7, Paragraph six, Section 8, Paragraph six, and Section 9, Paragraph five of this Law. The decisions taken are not assessed in the dispute settlement proceedings.

(4) The Law shall not be applicable to the following:

1) the owner of associated facilities if the main purpose of use of such facilities is to ensure access of another electronic communications merchant to the relevant facilities for the provision of electronic communications services;

2) the owner of an apartment of a multi-apartment residential house and joint owners of a multi-apartment residential house.

Section 4. Information Available at the Single Information Point

(1) The following minimum information regarding the physical infrastructure of the network operator and its protection zones shall be available in the Information System of Restricted Territories:

1) the location on the map;

2) the type of infrastructure according to the classification of facilities of the Information System of Restricted Territories;

3) the data provider.

(2) The following minimum information regarding construction works of the physical infrastructure shall be available in the Construction Information System:

1) the location and type of construction works;

2) the name of the structure;

3) the date when a note has been made in the construction permit regarding the fulfilment of the design conditions or conditions for the commencement of construction works or the construction intention has been accepted by making a note in the explanatory memorandum or certification card;

4) the contracting authority of the construction and the person drawing up the building design.

(3) Contact information of the network operator shall be available in public registers.

(4) The minimum information available at the single information point shall be generally accessible.

Section 5. Request for Information from the Network Operator

(1) For the purpose of installation or construction of the high-speed electronic communications network the electronic communications merchant shall request in writing the network operator to provide the information referred to in Section 4, Paragraph one of this Law, unless it is available in the Information System of Restricted Territories.

(2) The network operator has an obligation to provide information by replying to the request referred to in Paragraph one of this Section. If the network operator determines a charge for the preparation of the information, it shall be objectively justified and cost-based.

(3) For the purpose of negotiating an agreement on coordination of construction works of the physical infrastructure the electronic communications merchant shall request in writing the network operator to provide the information regarding the following:

1) the construction works of the physical infrastructure, including the construction works of the physical infrastructure which are intended to be carried out by using State or local government funding;

2) the construction works of the physical infrastructure in respect of which it is intended to submit an application of construction intention within six months from the day when the written request has been submitted to the network operator.

(4) The electronic communications merchant shall justify the need for information in the written request referred to in Paragraphs one and three of this Section and indicate therein the territory where it is intended to install or construct the high-speed electronic communications network.

(5) When providing a reply to the electronic communications merchant regarding the construction works of the physical infrastructure in respect of which it is intended to submit an application of construction intention within the following six months, the network operator shall concurrently send to the manager of the Construction Information System the information regarding the place and type of the intended construction, the name of structure, the intended month of submission of the application of construction intention, and contact information. Information regarding the intended construction intention shall be published in the Construction Information System, and it shall be publicly available.

(6) The network operator may reject the request for information referred to in Paragraph one or three of this Section, if the request does not contain the information referred to in Paragraph four of this Section or information is available at the single information point. If information is available on another public website, the network operator shall specify in its reply where the requested information may be found.

(7) The network operator shall provide a reply within two months from the day of receipt of the request for information referred to in Paragraph one of this Section.

(8) The network operator shall provide a reply within two weeks from the day of receipt of the request for information referred to in Paragraph three of this Section.

(9) If necessary, the network operator and the electronic communications merchant shall mutually agree upon conditions for the use of information.

Section 6. Request to the Network Operator for Inspection

(1) The electronic communications merchant has the right to request the network operator to conduct an inspection of specific elements of the physical infrastructure on site.

(2) The electronic communications merchant shall indicate in its written request the justification of inspection, the territory where the physical infrastructure elements required for inspection are located and, if possible, the physical infrastructure elements of the network operator which are intended to be used for the placement of elements of the high-speed electronic communications network.

(3) The network operator shall, within a month from the day of receipt of the request, authorise or provide a reasoned refusal to inspect the physical infrastructure elements. If the network operator determines a charge for the inspection of the physical infrastructure on site, it shall be objectively justified and cost-based.

(4) The network operator may refuse the request referred to in Paragraph one of this Section by justifying the refusal if:

1) the request does not contain the information referred to in Paragraph two of this Section;

2) the installation or construction of a new high-speed electronic communications network would negatively affect the safety of use or mechanical strength and stability of the physical infrastructure elements.

(5) If necessary, the network operator and the electronic communications merchant shall mutually agree upon conditions for the use of information.

Section 7. Access to the Physical Infrastructure

(1) The electronic communications merchant has the right to request access to the physical infrastructure of the network operator for the purpose of installation or construction of the high-speed electronic communications network.

(2) The electronic communications merchant shall justify in its written request the need for access and indicate therein the territory where it is intended to install or construct the high-speed electronic communications network, the elements of the electronic communications network which are intended to be placed and, if possible, the physical infrastructure elements for which access is required, as well as the time period when the access is necessary.

(3) The network operator shall provide the electronic communications merchant with access to the physical infrastructure under fair and reasonable conditions if the request for access to the physical infrastructure is related to the installation or construction of the high-speed electronic communications network. If the network operator determines a charge for the access to the physical infrastructure, it shall be objectively justified and cost-based.

(4) The network operator may refuse access of the electronic communications merchant to the physical infrastructure, providing the following reasons for such refusal:

1) the request does not contain the information referred to in Paragraph two of this Section;

2) the installation or construction of a new high-speed electronic communications network would negatively affect the safety of use or mechanical strength and stability of the physical infrastructure elements;

3) the necessary place or capacity is not available, and there is a sufficiently reasoned fact why the relevant place or capacity would be further necessary for the network operator (for example, in publicly available investment plans);

4) a threat to network integrity and safety;

5) there is a risk that the planned electronic communications services may cause a significant disturbance in the provision of other services which are provided in the same physical infrastructure if it threatens the quality of the provision of services specified in the laws and regulations governing the field of operation of the network operator and the relevant contracts;

6) an alternative solution is available, as the network operator ensures, under fair and reasonable conditions, access to the wholesale physical infrastructure which is suitable for the provision of the high-speed electronic communications network;

7) the provision of access is in contradiction with the conditions for preservation and sustainability of the physical infrastructure constructed within the framework of a publicly financed project;

8) additional activities are required for the provision of access which affect the property rights of third parties.

(5) Refusal of the network operator may not be justified with the existence of a protection zone.

(6) The network operator shall, within two months, examine the request and inform the electronic communications merchant regarding the provision of access or provide a justified refusal.

Section 8. Coordination of Construction of the Physical Infrastructure

(1) The network operator has the right and, if so required by the electronic communications merchant, also an obligation to negotiate for the purpose of coordination of construction of the physical infrastructure.

(2) The network operator that carries out construction which is fully or partly financed from the State or local government funds shall comply with a justified written request of the electronic communications merchant for the coordination of construction of the physical infrastructure for the purpose of installation or construction of the high-speed electronic communications network.

(3) The electronic communications merchant shall indicate in the written request referred to in Paragraph two of this Section the relevant territory where it is intended to install or construct elements of the high-speed electronic communications network, and the information regarding activities through which it intends to become engaged in construction of the physical infrastructure of the network operator.

(4) The network operator may refuse the written request referred to in Paragraph two of this Section for the coordination of construction of the physical infrastructure if:

1) the request does not contain the information referred to in Paragraph three of this Section;

2) the electronic communications merchant does not assume covering of all costs in addition to the initially intended construction costs of the physical infrastructure, including the costs caused by additional delay;

3) the construction of additional physical infrastructure envisages making changes in the minimum composition of the initial building design due to which the construction process must be re-commenced in accordance with the laws and regulations governing construction;

4) the request is submitted after receipt of the construction permit or after a note is made in the certification card or explanatory memorandum on acceptance of the construction intention;

5) the provision of access is in contradiction with the conditions for preservation and sustainability of the physical infrastructure constructed within the framework of a publicly financed project;

6) the coordination of construction of the physical infrastructure is not possible in conformity with the minimum distances for the placement of networks specified in the construction standard.

(5) The network operator may not refuse the request referred to in Paragraph two of this Section on the grounds of the existence of a protection zone.

(6) The network operator shall, within a month, examine the request referred to in Paragraph two of this Section and provide a reply to the electronic communications merchant regarding the coordination of construction of the physical infrastructure or a justified refusal.

(7) The network operator who has an obligation to comply with the laws and regulations governing procurement and who has received a request from the electronic communications merchant referred to in Paragraph two of this Section shall take into account the requirements of this Law during procurement planning.

Section 9. Internal Physical Infrastructure

(1) Upon receipt of a permit to build a new or re-build an existing residential house or non-residential building the initiator of the construction shall ensure that the internal physical infrastructure is suitable for the high-speed electronic communications network.

(2) Paragraph one of this Section need not be applied if:

1) the residential house or non-residential building to be re-built already has a physical infrastructure which is suitable for the provision of the high-speed electronic communications network;

2) a building of group I is being built or re-built;

3) the residential building to be newly built or re-built is a single-family residential house;

4) when building a new or rebuilding an existing residential house or non-residential building construction of the internal physical infrastructure is disproportionate for economic reasons, namely, it exceeds five per cent of the total costs of the building design;

5) there are objective reasons for the failure to ensure the high-speed electronic communications network up to a residential house or non-residential building;

6) the intended type of use of a non-residential building does not require the use of the high-speed electronic communications network;

7) according to the opinion of the competent authority the construction of the internal physical infrastructure would reduce the cultural and historical value of the residential house or non-residential building - a cultural monument or a part of historical construction which forms a cultural monument.

(3) For the purpose of construction or installation of the high-speed electronic communications network in a residential house or non-residential building the electronic communications merchant may require access to the internal physical infrastructure suitable for the placement of this network if duplication is technically impossible or economically inefficient.

(4) The electronic communications merchant shall justify the need for access in its written request for access to the internal physical infrastructure and indicate therein a natural or legal person who has expressed the wish to conclude an electronic communications service contract for the receipt of the public Internet access service with the data transmission speed of at least 30 Mb/s in this residential house or non-residential building, the elements of the internal physical infrastructure in respect of which the access is required, as well as the time period when the access is required.

(5) If the request referred to in Paragraph four of this Section is justified, the network operator, the owner of the residential house, or the owner of the non-residential building shall, within two months after receipt of the relevant request, ensure access of the electronic communications merchant to the internal physical infrastructure. If a charge is determined for the access to the internal physical infrastructure, it shall be objectively justified and based on costs incurred in relation to operations of the electronic communications merchant for the provision of the electronic communications network.

(6) The network operator, the owner of the residential house, or the owner of the non-residential building may refuse access of the electronic communications merchant to the internal physical infrastructure for the placement of elements of the high-speed electronic communications network if:

1) the request does not contain the information referred to in Paragraph four of this Section;

2) the installation or construction of a new high-speed electronic communications network would negatively affect the safety of use or mechanical strength and stability of the physical infrastructure elements;

3) the required place or capacity is not available.

Section 10. Settlement of Disputes

(1) The electronic communications merchant, the network operator, the owner of a residential house, or the owner of a non-residential building has the right to settle disputes before a court or arbitration court in accordance with the procedures laid down in laws and regulations or before the Public Utilities Commission (hereinafter - the Regulator) in accordance with the procedures laid down in this Law.

(2) For the purpose of the settlement of disputes the electronic communications merchant, the network operator, the owner of a residential house, or the owner of a non-residential building may initiate proceedings before a court or arbitration court without going to the Regulator. If the electronic communications merchant, the network operator, the owner of a residential house, or the owner of a non-residential building has initiated proceedings before a court or arbitration court, he or she shall lose the right to go to the Regulator.

(3) The Regulator as an extrajudicial authority shall settle disputes between the electronic communications merchant and the network operator, the owner of a residential house, or the owner of a non-residential building regarding the rights and obligations thereof which result from this Law and refer to the following issues:

1) the request for information if the dispute is related to the rights and obligations referred to in Section 5 of this Law;

2) the inspection of the physical infrastructure if the dispute is related to the rights and obligations referred to in Section 6 of this Law;

3) the access to the physical infrastructure if the dispute is related to the rights and obligations referred to in Section 7 of this Law;

4) the coordination of construction works of the physical infrastructure if the dispute is related to the rights and obligations referred to in Section 8 of this Law;

5) the access to the internal physical infrastructure if the dispute is related to the rights and obligations referred to in Section 9, Paragraphs three, four, five, and six of this Law.

(4) The Regulator shall request that the parties to the dispute and other State and local government institutions provide information at their disposal free of charge within the specified time period, if it is necessary for the settlement of disputes. The State and local government institutions shall, within the time period specified by the Regulator, provide the Regulator with an opinion on the issues within the competence of the relevant institution, if it is necessary for the settlement of disputes.

(5) The Regulator shall not apply the procedures for settling disputes laid down in Chapter VII of the law On Regulators of Public Utilities to the settlement of disputes specified in Paragraph three of this Section.

(6) The Regulator shall not settle disputes over issues related to the application of the laws and regulations governing construction.

Section 11. Application for the Settlement of Disputes

(1) The electronic communications merchant, the network operator, the owner of a residential house, or the owner of a non-residential building shall submit to the Regulator a written application for the settlement of disputes (hereinafter - the application). The application shall contain the following information:

1) regarding the applicant: for a natural person - the given name, surname, personal identity number, place of residence, or other information which helps to identify the person; for a legal person - the name, registration number, and legal address;

2) regarding the defendant: for a natural person - the given name, surname, place of residence, or other information which helps to identify the person; for a legal person - the name, registration number, and legal address;

3) other parties to the dispute or persons concerned;

4) the description of facts;

5) the subject matter of the dispute resulting from the relevant facts and claim of the applicant;

6) the justification of the application and any other arguments related to the dispute.

(2) The applicant shall append to the application written materials and evidence which justify arising of the dispute and the subject matter of the dispute and prove that he or she has complied with the cooperation procedures laid down in Sections 5, 6, 7, 8, and 9 of this Law prior to going to the Regulator.

(3) The day of receipt of the application shall be deemed the day when the Regulator has received all the information referred to in Paragraph one of this Section and documents have been appended to the application in accordance with Paragraph two of this Section, as well as a payment has been made for the settlement of disputes.

(4) Submission of the application to the Regulator shall not suspend the planned or commenced construction process.

Section 12. Assessment of the Application

(1) The Regulator shall examine the application within two months from the day of receipt thereof, except for an application regarding disputes in relation to the access to the existing physical infrastructure which shall be examined within four months.

(2) The Regulator shall not settle disputes and, in accordance with the Law on Submissions, shall provide a reply which is signed by the Chairperson of the Regulator if conformity with at least one of the following conditions is established:

1) there is no justification for the settlement of disputes in accordance with this Law;

2) the application fails to conform to the provisions referred to in Section 11, Paragraphs one and two of this Law;

3) the applicant has failed to follow the cooperation procedures laid down in Section 5, 6, 7, 8, or 9 of this Law prior to going to the Regulator;

4) the payment has not been made for the settlement of disputes.

(3) If the Regulator does not establish the condition specified in Paragraph two of this Section, it shall notify the defendant of the applicant's application and determine a time period for the provision of an explanation and evidence. The defendant shall provide an explanation and evidence to the Regulator in writing within the specified time period. The defendant shall indicate the following information in the explanation:

1) whether he or she admits the claim fully or partly;

2) his or her objections to the claim and justification thereof;

3) evidence which confirms his or her objections to the claim and justification thereof, as well as laws and regulations on which it is based;

4) any other circumstances which are deemed important for examination of the case.

(4) If after receipt and assessment of the explanation and evidence of the defendant the Regulator establishes at least one of the conditions referred to in Paragraph two, Clause 1, 2, or 3 of this Section, it shall provide a reply to the applicant in accordance with the Law on Submissions which is signed by the Chairperson of the Regulator.

(5) Taking into account the subject matter of the dispute specified in the application the Regulator shall assess justification of the claim, as well as whether conditions are transparent and non-discriminatory.

Section 13. Procedure of the Settlement of Disputes

(1) The Regulator shall examine the application in written procedure.

(2) When settling disputes in written procedure the Regulator shall become acquainted with the submitted materials and, if necessary, request the parties to the dispute to submit additional information and evidence in writing.

(3) The Regulator may settle disputes without the presence of the parties to the dispute or their representatives only on the basis of the submitted written and other evidence if materials in the case are sufficient.

(4) If the Regulator deems that it is necessary to hear the parties to the dispute or an expert to decide an individual issue, it shall convene a meeting of the Regulator Council to which the parties to the dispute or their representatives and, if necessary, an expert are invited in order to hear their explanations, objections, and an opinion. The invitation shall indicate the time and place of the meeting.

(5) If the invited persons have failed to appear at the meeting of the Regulator Council, the Regulator may settle disputes without the presence of the parties to the dispute or their representatives. If any of the parties to the dispute or their representative notifies the Regulator regarding its failure to appear at the meeting of the settlement of dispute by indicating justifiable reasons, the Regulator may, taking into account the information provided by the party to the dispute or its representative regarding the reasons for its failure to appear, postpone the settlement of dispute, informing the parties to the dispute regarding postponing of the meeting, as well as regarding the time and place of the next meeting.

(6) The parties to the dispute shall exercise their procedural rights in good faith in conformity with the principle of adversarial proceedings. They have equal rights to express their opinion and defend their rights and interests.

(7) Within the framework of adversarial proceedings of the parties to the dispute the parties shall provide explanations, submit evidence, as well as applications addressed to the Regulator and carry out other procedural actions in accordance with the procedures laid down in this Law.

(8) During the settlement of disputes any party to the dispute may invite an expert to provide an opinion by informing the Regulator or conduct any other legal actions in order to obtain evidence which is of importance for the settlement of the dispute.

(9) If it is necessary for the settlement of disputes the Regulator may request an opinion from a State or local government institution which shall be provided within the time period specified by the Regulator.

(10) Documents of the party to the dispute in foreign languages shall be submitted by appending translations in the official language thereto.

(11) The parties to the dispute or their representatives who do not know the official language shall ensure an interpreter themselves.

(12) The Chairperson of the Regulator shall terminate the procedure of the settlement of disputes if the applicant withdraws his or her application for the settlement of disputes. The Regulator Council shall take a decision to terminate the procedure of the settlement of disputes if the parties to the dispute have failed to provide sufficient evidence.

(13) The Regulator shall settle disputes in the official language.

(14) Minutes of the meeting of the settlement of disputes and the decision taken by the Regulator shall be drawn up in writing in the official language.

(15) A natural person shall represent himself or herself or authorise a representative in the settlement of disputes. Representation of a natural person shall be executed by a notarially certified power of attorney or during a meeting of the settlement of dispute by an oral statement in respect of which an entry is made in the minutes of the meeting of the settlement of dispute.

(16) A legal person shall be represented in the settlement of disputes by an official who acts within the powers granted under the law, articles of association or by-laws, or another representative authorised by the legal person. Representation of a legal person shall be executed by a written power of attorney or documents which attest the rights of an official to represent the legal person without special authorisation.

(17) Joint owners of a residential house and non-residential building shall be represented in the settlement of disputes by a representative authorised by the joint owners.

(18) Authorisation of an advocate for provision of legal assistance shall be attested by a retainer. If an advocate acts as a representative authorised by the party to the dispute, the authorisation shall be attested by a written power of attorney. If the representative of a natural person is a sworn advocate, the authorisation shall be attested by a written power of attorney without notarial certification.

(19) The representative has the right to carry out all procedural actions on behalf of the represented person. All procedural actions carried out by the representative within the framework of the granted authorisation shall be binding upon the represented person. Notifications, invoices, and other documents of the Regulator shall only be sent to one representative. If the party to the dispute is represented by several representatives they shall agree and submit address of one representative to the Regulator to which the Regulator sends notifications, invoices, and other documents. If the representatives fail to agree on address of one representative, the Regulator shall send notifications, invoices, and other documents to one representative of its own choice.

(20) If the represented person withdraws the authorisation granted to the representative, the represented person shall notify the Regulator in writing. An oral statement on withdrawal of the authorisation may be given at the meeting of the settlement of disputes, and in respect of which an entry shall be made in the minutes of the meeting of the settlement of disputes. A representative has the right to refuse to conduct a case by informing the represented person and Regulator in writing.

Section 14. Amicable Agreement

(1) If during the settlement of disputes the parties to the dispute agree on an amicable agreement, the Chairperson of the Regulator shall terminate the procedure of the settlement of disputes.

(2) The parties to the dispute which have agreed on an amicable agreement do not have the right to re-submit to the Regulator an application for the settlement of disputes regarding the same subject matter on the same grounds.

Section 15. Decision to Settle Disputes

(1) The Regulator Council shall take a decision in the case regarding settlement of disputes and determine the procedures and deadlines for execution thereof. The Regulator shall indicate in its decision the claim of the applicant, objections of the defendant, explanations provided by the parties to the dispute, facts established in the case, evidence and arguments on which the decision is based, laws and regulations on which the Regulator has based its decision, legal assessment of the established circumstances of the case, as well as conclusions in respect of whether the claim is well-grounded or ill-grounded. The Regulator shall indicate in the operative part of the decision whether the claim of the applicant has been fully or partly satisfied or rejected, specifying separately the part of the claim which is satisfied partly or rejected. The Regulator may impose in its decision an obligation upon the party to the dispute to carry out specific activities within the time period specified by the Regulator.

(2) The Regulator shall, within five working days after taking of the decision, send one copy of the decision to each party to the dispute and publish the decision on its website.

(3) If the party to the dispute is not satisfied with the decision of the Regulator on the settlement of dispute, it is entitled to file a statement of claim regarding the subject matter of the dispute with a court or arbitration court in accordance with the procedures laid down in laws and regulations within 30 days from the day when the Regulator has taken a decision on the settlement of dispute.

(4) The decision of the Regulator on the settlement of dispute shall enter into legal effect on the day when the time period specified in Paragraph three of this Section has expired and a statement regarding the subject matter of the dispute has not been filed with a court or arbitration court in accordance with laws and regulations. If a statement regarding the subject matter of the dispute has been filed with a court or arbitration court, the decision of the Regulator shall enter into effect on the day when a decision by an arbitration court to terminate arbitration proceedings or a court decision to terminate proceedings enters into effect.

(5) If the party to the dispute files, in accordance with the procedures laid down in Paragraph three of this Law, a statement of claim regarding the subject matter of the dispute with a court or arbitration court which affects part of the decision of the Regulator, the decision of the Regulator, in the part in respect of which the statement of claim has not been filed with a court or arbitration court, shall enter into force when the time period specified in Paragraph three of this Section has expired.

(6) After the decision of the Regulator on the settlement of dispute enters into legal effect, the party to the dispute, as well as the successor thereof are not entitled to re-submit to the Regulator an application for the settlement of disputes regarding the same subject matter on the same grounds.

(7) The decision of the Regulator on the settlement of dispute which has entered into legal effect shall be binding upon the parties to the dispute.

(8) If the decision of the Regulator on the settlement of dispute is not executed voluntarily, the interested party to the dispute may file an application with a court for the issuing of a writ of execution to enforce the decision of the Regulator.

Section 16. Payment for the Settlement of Disputes

(1) The party to the dispute shall make a payment for the settlement of disputes.

(2) The Regulator shall determine the amount of the payment for the settlement of disputes, payment procedures, and time period. The payment for the settlement of disputes shall include all the costs incurred by the Regulator during the settlement of dispute. The relevant payment shall be paid into the State budget, the Regulator's account with the State Treasury by separating it from the financing of operation of the Regulator which is determined in the law On Regulators of Public Utilities. The payment shall only be used for the purpose of covering the costs incurred during the procedure of the settlement of disputes provided for in this Law.

(3) When submitting an application the applicant shall pay the payment specified by the Regulator in full amount.

(4) The Regulator shall not refund the payment for the settlement of disputes if:

1) it has settled the dispute;

2) it has provided a reply to the application in accordance with Section 12, Paragraphs two and four of this Law;

3) it has carried out activities in order to assess the application;

4) the parties to the dispute have agreed on an amicable agreement;

5) the parties to the dispute have failed to submit sufficient evidence in order to settle the dispute;

6) the applicant has asked not to settle the dispute.

Transitional Provision

Sections 10, 11, 12, 13, 14, 15, and 16 of this Law shall come into force concurrently with amendments to the Civil Procedure Law regarding enforcement of the decisions of the Regulator on the settlement of disputes or disagreements.

Informative Reference to the European Union Directive

The Law includes legal norms arising from Directive 2014/61/EU of the European Parliament and of the Council of 15 May 2014 on measures to reduce the cost of deploying high-speed electronic communications networks.

This Law has been adopted by the Saeima on 23 March 2017.

President R. Vējonis

Adopted 5 April 2017.


1 The Parliament of the Republic of Latvia

Translation © 2019 Valsts valodas centrs (State Language Centre)

 
Document information
Title: Ātrdarbīga elektronisko sakaru tīkla likums Status:
In force
in force
Issuer: Saeima Type: law Adoption: 23.03.2017.Entry into force: 19.04.2017.Theme: Transport and communicationPublication: Latvijas Vēstnesis, 70, 05.04.2017. OP number: 2017/70.1
Language:
LVEN
Related documents
  • Legal basis of
  • Annotation / draft legal act
  • Policy planning document
  • Other related documents
289933
19.04.2017
84
0
  • Twitter
  • Facebook
  • Draugiem.lv
 
0
Latvijas Vestnesis, the official publisher
ensures legislative acts systematization
function on this site.
All Likumi.lv content is intended for information purposes.
About Likumi.lv
News archive
Useful links
For feedback
Contacts
Mobile version
Terms of service
Privacy policy
Cookies
Latvijas Vēstnesis "Everyone has the right to know about his or her rights."
Article 90 of the Constitution of the Republic of Latvia
© Official publisher "Latvijas Vēstnesis"
ISO 9001:2015 (quality management system)
ISO 27001:2013 (information security)