| The
transition from the monopoly state with one operator to a
liberalised market in the telecommunications sector has
given a rise to the need of new laws and regulations. The
objective is on one hand to ensure a smooth transition
and, on the other hand, that the liberalised market will
function without difficulties in a healthy competitive
environment. I - Historical
and juridical viewpoint
1. Law
on Telecommunications
The basic law governing
the telecommunications market in Greece is Law Nr 2246/94
(OJ 172, 1st Issue, 20.10.1994) on the "Organisation
and operation of the telecommunications sector".
It established the liberalisation of all
telecommunications services, with the exception of those
remaining within the exclusive right of OTE (voice
telephony and the underlying infrastructure), in
accordance with the relevant European Union Directives,
in particular, Directive 90/388/EC.
A number of Presidential
and Ministerial Decrees have been issued to date
providing the adaptation of the Greek law towards various
EU Directives (91/263/EEC, 92/44/EEC, 93/68/EEC, etc.),
and the enforcement and implementation of the
Telecommunications Act, such as the preparation and issue
of necessary Regulations. They are listed below:
Nature
|
Content
|
Reference
|
| Law 2246/94 |
"Organisation and
operation of the telecommunications sector" |
(Sheet 172/A/20 Oct. 1994) |
| Decision |
"Determination of limit for the
Overall Capacity of Leased Circuits" |
(Sheet 500/B/6 June 1995) |
| Decision |
"Regulation for the conditions
and procedure for submitting the
declaration" |
(Sheet 634/B/18 July 1995) |
| Decision |
"Regulation for the conditions
and procedure for granting, renewal, suspension,
revocation of license regarding the supply of
telecommunications services to the public through
leased circuits" |
(Sheet 784/B/12 Sept. 1995) |
| Law 225794 |
"Regarding the organisation and
operation of OTE" |
(Sheet 197/A/23 Nov. 94) |
| Presidential Decree 437 |
"Issue of a special licence for
the installation, development, operation and
exploitation of telecommunications networks and
conducting other telecommunications activities by
the Greek Telecommunications Organisation
S.A." |
(Sheet 250/A/5 Dec. 1995) |
| Decision |
"Constitution of the National
Telecommunications Committee" |
(Sheet 29/B/19 Jan. 1994) |
| Decision |
"Regulation for the internal
operation of EET" |
(Sheet 505/B/7 June 1995) |
| Decision |
"Regulation for hearings" |
(Sheet 527/B/16 June 1995) |
| Decision |
"Ethics code for
conducting telecommunication activities" |
Sheet 1581/B/4 July 1995) |
| Decision |
"Granting - allocation of
frequencies and determination of OTE S.A. special
license fees" |
(Sheet 1101/B/29 Dec 1995) |
| Law 2366/95 |
"Arrangement of matters of
organisations and services of the Ministry of
Transportation and Communications and other
provisions" |
Sheet 256/A/12 Dec. 1995) |
| Presidential Decree 40/96 |
"Provision of open network for
leased circuits, in adjustment to the 92/44/EEC
Directive, as amended by the 94/439/EU
Directive" |
(Sheet 27/A/22 Feb. 1996) |
| Presidential Decree 424 |
"Regarding the
telecommunications terminal equipment in
compliance to the 91/263/EEC Directive, as
amended by the 93/68/EEC Directive" |
(Sheet 243/A/22 Nov. 1995) |
| Decision |
"Regulation for
telecommunications terminal equipment
certification" |
(Sheet 48/B/19 Jan. 1995) |
| Law 2374 |
"Introduction of shares of the
Greek Telecommunications Organisation S.A.
(O.T.E.) in the Greek Stock Market (X.A.A.) and
other provisions" |
(Sheet 32/A/29 Feb. 1996) |
| Law 2328 |
"Legal status of private
television and local radio, arrangement of
matters of the radio-television market and other
provisions" |
(Sheet 159/A/3 Aug. 1995) |
| Decision |
"General terms for Licences for
conducting telecommunications activities" |
(Sheet 84/B/1 Feb. 1997) |
| Decision |
"Determination of revenue fees
charged to telecommunication businesses" |
(Sheet 84/B/1 Feb. 1997) |
| Law 2465 |
"Matters in the jurisdiction of
the Ministry of Transportation and
Communications" (amendment of Law 2246) |
(Sheet 28/A/26 Feb. 1997) |
| Presidential Decree 212 |
"Harmonisation of the Greek
Legislation with the 94/46/EC Directive" |
(Sheet 166/A/25 Aug. 1997) |
Telecommunications
Authorities: under the Law nr. 2246/94, both the
Ministry of Transport and Communications (MTC) and the
National Telecommunications Commission (NTC) have
regulatory responsibilities and are entrusted with the
implementation of the new regulatory framework.
II - Changes and
adjustments over the last three months (October-December
1998)
1. New Decree-Law for the alternative
telecommunication Networks
The Decree-Law foresees
for licence granting that the interested
telecommunication operator submits request to the NTC,
including the complete presentation of the
telecommunication Network for which the licence is
requested.
Moreover, the pattern and
the specifications of the Telecommunication Terminal
Equipment as well as the description of the
Telecommunication services and the geographical cover are
requested.
The NTC reports on the
Minister of Transport and Communication for the
licence’s granting.
The Degree-Law regulations
are not applied in cases such as:
- Satellite networks or
services which are ruled by the N.61647/08.051998
decision (B?505)
- Mobile and private
communications
- Private satellite
communications.
2.
Copyright
The law 2121/1993
regarding the copyrights is applicable to the electronics
and digital technology.
In Europe the illegal
software copy reach the 43% while in USA this percentage
is 27%. In Greece this percentage reach the 73% giving
the first place to this illegal activity.
The law 2121/1993 in
adaptation of EU’s brief 91/250 –which
harmonises the legal protection of computer programs,
which are protected as literary projects according to the
copyrights regulations- contains explicitly the computer
programs among the protected projects.
3.
Subscribing TV
Amendments were made into
the law regarding the rendering of subscribing Radio-TV
services.
III - On-going
developments
1.
Information Council
The Department of the
Interior promotes a draft of law for the formation of an
Information Council. According to this proposal of law,
Information Council’s main objective will be:
- Create the favourable
context for the best co-operation among the
Public conveyors
- Contribute to the
efficient exploitation of information and
telecommunication technologies
- Set up a healthy
framework in relation with the markets operation.
It should suggest measure
dealing with :
- Information’s
strategy and programming
- The framework and the
implementation and operation processing of the
public information and communication systems
- The framework and the
operation rules regarding the information market
- The evolutions in
technology and organization sectors
- The Greece
participation to the developing Information
Society.
|
Historical
and juridical viewpoint