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The Electronic and Postal Communications Authority has prepared a new draft regulation for the implementation of the general authorization regime. The general authorization regime includes those services that electronic communications operators can offer by notification to AKEP.
The regulation currently in force provides that any entity is free to provide electronic communications networks and services in the Republic of Albania, in accordance with the requirements of this law, against authorization issued by AKEP, except in cases where electronic communications networks and/or services are not for profit and are not available to the public or are used only for private use or for internal needs of institutions.
While the new draft regulation stipulates that any entrepreneur who intends to offer electronic communication networks or services in the territory of the Republic of Albania available to the public, except for interpersonal services that are not based on numbers, has the obligation to notify AKEP.
The law provides that AKEP shall register operators or service providers in the electronic database within seven days of receiving the notification and shall notify their registration in writing. AKEP shall issue a Confirmation Certificate to each entrepreneur, after notification and registration in the General Authorization Register, in accordance with Article 27 of the Law “On Electronic Communications”. For the service, AKEP shall apply a fee of 50 thousand lek. The fee shall be applied only once for the first registration of the entrepreneur in the new General Authorization Register.
While the issuance of the Certificate of Confirmation of Changes to the data in the general authorization register will have a fee of 20 thousand lek. The certificate will be issued in cases of notification by the entrepreneur of changes that occurred in the initial or previous information provided.
An additional requirement foreseen in the new draft regulation is that the entrepreneur must deposit with AKEP, within 3 months from the date of commencement of service provision, the employment contracts of the employees, accompanied by documentation certifying their education and professional qualification, in order to guarantee the provision of electronic communications services, as well as proof of social and health insurance payments.
Among the conditions of the general authorization, the draft regulation also sets a deadline of 15 days (from receipt of notification from AKEP) for the payment of administrative payments or fees for the rights to use limited resources, the filing of the annual balance sheet and the accounting expert's report, if applicable.
Other conditions set out in the general authorisation regime are the protection of personal data and specific protection of privacy in electronic communications, the permission of interception by competent authorities, as set out in the legislation in force, access and interconnection obligations, transparency obligations towards providers of publicly available electronic communications networks, etc.
The draft regulation provides that the provision of electronic communications networks or services by entrepreneurs may be restricted by AKEP, when this is necessary for reasons of public interest, public security or public health./Monitor.al
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