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Changes in the legislation on communications
Communications legislation will be revised
Part of the legislation concerning the communications sector was amended during the year. The aim was to support the development of the information society by, among other things, stimulating competition in local telecommunications, advancing the supply of broadband services and ensuring the availability of postal services throughout the country. The statutory amendments broadened FICORA's sphere of operations and added many more new responsibilities. The provisions on communications administration were amended to correspond to the new duties.
Aim of legislation to promote competition
The amendment to the Telecommunications Market Act concerning shared access to the local loop obliged operators to lease free transmission capacity. The amendment will increase competition in consumer services; for example, Internet connections will be available from operators other than the telephone service. It also promotes advantageous fixed-price Internet connections to households. In the same context, the owners of third-generation mobile networks were granted the right to roam in the GSM networks. This right enables the provision of new services throughout the country even before completion of the third-generation network. If a pricing agreement on roaming cannot be reached between the operators, the prices shall be determined by FICORA.
The new Radio Act, which took effect at the start of 2002, clarified the provisions on frequency planning and market surveillance. FICORA is still responsible for strategic frequency spectrum management, but the government confirms the frequencies assigned to national television and radio broadcasters and frequencies and number of mobile networks. Under the new Act, advance inspection of radio equipment is discontinued. According to the Directive on Radio Equipment and Telecommunications Terminal Equipment (the R&TTE Dicrective), the manufacturer is responsible for compliance with basic requirements. FICORA conducts market surveillance of equipment.
The new Radio Act contains provisions on the confidentiality of such radiocommunications that are not meant for public reception. FICORA was also authorised to monitor radiocommunications and to use identification data in the investigation of radio interference.
FICORA supervises compliance with laws
An act on the prohibition of certain decoding systems took effect at the beginning of 2002. It strengthened existing provisions on the decoding of pay-TV and radio transmissions. According to the new act, decoding is a crime if it is committed for financial purposes or if it causes considerable harm or loss to the provider of the protected service. In such cases, fines or imprisonment may follow. Imprisonment is used more frequently, compared with previous Nordic norms. FICORA supervises compliance with the act.
The obligation of universal service incorporated in the new Postal Services Act at the start of 2002 guarantees the availability of postal services irrespective of place of residence. According to the Act, permanent postal services must be provided at affordable rates throughout the country. Every municipality must have at least one postal service facility. Compliance with the Act is monitored by FICORA. The right to open undelivered postal items was also transferred from Finland Post Ltd to FICORA.
The package of directives on electronic communications was approved by the European Parliament in December 2001. The new directives consolidate the EU electronic communications market by harmonising national regulations and by removing obstacles to competition in the sector. The directives regulate extensively the electronic communications market, including telecommunications and Internet operators and companies possessing radio and television networks. In Finland, preparations for the implementation of the directives have begun at the Ministry of Transport and Communications, and related legislative amendments necessitated by the constitution will be made.
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