ESIS extension / Bulgaria / Regulatory Developments / Update Memo 6

The following report outlines new developments in the past three months and the state of on-going developments.

In the beginning of the 21^st century we are participating in the global process of transition from an Industrial Society to an Information Society. The "European model" of Information Society is a start point in the globalisation process for Europe. The "Bulgarian model" of Information Society may be also a start point for Bulgaria in the process of harmonisation with the requirements of the European Union.

There haven’t been any fundamental changes in the current situation or in the legal framework.

The Council of Ministers approved and submitted to the National Assembly draft amendments of the Law on Radio and Television. The National Assembly adopted the draft amendments. For the time being the amendments haven’t been published in the "Official Journal".

There haven’t been any fundamental changes in the current situation or in the legal framework.

The draft amendments of the Telecommunications Law were prepared and submitted to the other Ministries for comments. The draft amendments to the Telecommunications Law are due to the following:

a) The practice of the Telecommunications Law outlined some deficiencies and contradictions (tender or competition for the grant of licenses to the National Public Television and Radio, lack of provision, defining the competent authority for frequency and frequency band allocation to end users, etc.);

b) Changes of the overall legal environment in Bulgaria, imposing stronger restrictions on the secondary legislation, requesting an explicit reference in the law for any regulation. The former Ministry of Justice and Euro-integration abandoned the idea of a special framework for transposition of the aquis (requiring us to add references for regulatory packages for USO, interconnection, etc.);

c) Additional safeguards for the Bulgarian party in regard to the privatisation (national defence and security issues, new definition of USO, etc.);

d) Development in the aquis for telecommunications during the second half of 1998, 1999-2000; (New Approach and Global Approach, Licensing, etc.)

e) Finally, seizing the opportunity to change some provisions and definitions, taking into account justified criticism during the last two years (clear definition of the registration regime under class licence, home made "ordinary voice telephony" definition, CATV definition, 2.3% recurrent fee, etc.).

The Council of Ministers approved by Decision No. 362 dated 20.06.2000 the National Strategy on Electronic Commerce.

There haven’t been any fundamental changes in the current situation or in the legal framework.

The experts in the administration of the Council of Ministers are preparing a draft Law on the Protection of Personal Information. This draft Law corresponds to the EC Data Protection Directive and is now under discussion.

There haven’t been any fundamental changes in the current situation or in the legal framework.

2.17. Freedom of expression and information as far as the distribution via electronic networks is concerned

The harmonisation of the Bulgarian Law on Radio and Television with the principles of the EC Directive Television without Frontiers is still going on.

There haven’t been any fundamental changes in the current situation or in the legal framework.

The Co-ordination Council for Information Society approved at its first meeting on 13.06.2000 the Program on its activities for 2000.

The Co-ordination Council bodies- the permanent work group on Information Society development strategy and the permanent work group for information and communication technologies in the state administration and for assisting the activity of the National Command Centre for Overcoming Crisis and Emergency, approved the rules for their activities. The main goals are updating the National Programme for IS development in the Republic of Bulgaria, preparing a legal framework for the development of the information and communication technologies and the services in the IS and also, the most important task, to popularise IS.

There haven’t been any fundamental changes in the current situation or in the legal framework.

5. Market: Privatisation, foreign investment, mergers, acquisitions, call for tenders...

The negotiations for selling a 51% stake in the Bulgarian Telecommunications Company (BTC) to the Greek/Dutch consortium OTE/KPN finished without success. The negotiations were suspended at the end of July 2000. The Council of Ministers took a Decision to create a Working Group that aims to set up the strategy for the privatisation of BTC.

The State Telecommunications Commission is preparing a package of documents for a tender for GSM 2 Operator in Bulgaria.

There haven’t been any fundamental changes in the current situation or in the legal framework.

Please note that this report has been prepared under the sole responsibility of the ESIS II contractors.
It does not necessarily reflect the views of the Commission, nor does the Commission accept responsibility for the accuracy or completeness of information contained herein.
The ESIS Team of contractors welcomes any additional information or corrections.