Electronic Communications Act- Estonia
Passed 8 December 2004
(RT2 I 2004, 87, 593),
entered into force 1 January 2005
amended by the following Acts:
24.01.2007 entered into force 20.07.2007 – RT I 2007, 12, 64;
24.01.2007 entered into force 01.05.2007 – RT I 2007, 15, 76;
21.12.2006 entered into force 17.01.2007 – RT I 2007, 3, 12;
07.12.2006 entered into force 01.01.2007 – RT I 2006, 58, 439;
14.06.2006 entered into force 16.07.2006 – RT I 2006, 31, 234;
11.05.2006 entered into force 02.06.2006 – RT I 2006, 25, 187;
15.12.2005 entered into force 01.01.2006 – RT I 2005, 71, 545.
Chapter 1
General Provisions
1. Purpose and scope of application of Act
(1) The purpose of this Act is to create the necessary conditions for the development of electronic communication to promote the development of electronic communications networks and communications services without giving preference to specific technologies and to ensure the protection of the interests of users of electronic communications services by promoting free competition and the purposeful and just planning, allocation and use of radio frequencies and numbering.
(2) This Act provides requirements for the publicly available electronic communications networks and communications services, conduct of radiocommunication, management of radio frequencies and numbering, for apparatuses and state supervision over compliance with the requirements and liability for violation of the requirements.
(3) This Act does not apply to Information Society services within the meaning of the Information Society Services Act (RT I 2004, 29, 191; 54, 387).
(4) The provisions of the Administrative Procedure Act (RT I 2001, 58, 354; 2002, 53, 336; 61, 375; 2003, 20, 117; 78, 527) apply to administrative proceedings prescribed in this Act, taking account of the specifications provided for in this Act.
2. Definitions
In this Act, the following definitions are used:
1) “local sub-loop” is the physical circuit connecting the network termination point to an intermediate distribution point;
2) “apparatus” is any equipment that is either terminal equipment or radio equipment or both;
3) “putting an apparatus into service” is an activity which consists of the first intended use of the apparatus in a Contracting State to the European Economic Area;
4) “placing on the market of an apparatus” is an activity by which the apparatus is made accessible in a Contracting State to the European Economic Area for the first time either for the purpose of distribution or putting it into service;
41) “electromagnetic compatibility” is the capability of an apparatus to satisfactorily function in an electromagnetic environment without causing electromagnetic interference to other equipment located in that environment.
(24.01.2007 entered into force 20.07.2007 – RT I 2007, 12, 64)
5) “electronic communications undertaking” (hereinafter communications undertaking) is a person who provides a publicly available electronic communications service to the end-user or to another provider of a publicly available electronic communications service;
6) “electronic communications service” is a service which consists wholly or mainly in the transmission or conveyance of signals on electronic communications networks under the agreed conditions. Network services are also electronic communications services;
7) “user of electronic communications service” (hereinafter user of communications service) is a person using a publicly available electronic communications service;
electronic communications network” is a transmission system including switching equipment and other support systems which enable the transmission or conveyance of signals by way of a cable and by radio, optical or other electromagnetic means. Electronic communications networks include also the satellite network, telephone network, data communication network, mobile telephone network, broadcasting transmitters network, cable television network and electric cable system, if used for the transmission or conveyance of signals, regardless of the nature of information broadcast through them;
9) “self-planned frequency band” is a radio frequency band the use of which is regulated by the user of radio frequencies pursuant to the conditions established by a frequency authorisation;
10) “surveillance equipment” is a technical infrastructure used by a surveillance agency or a security authority to restrict the right to the confidentiality of messages;
