if(parent.SetChapter != null) parent.SetChapter(2);

Nonbinding translation. The Danish version, as printed in the Danish Legal Gazette (Issue A), prevails.

Act No. 395 of 10 June 1997

Act on the National Telecom Agency

PART 1

Scope and responsibilities

1.-(1) The National Telecom Agency is a Government Agency in charge of the administration of telecommunications legislation. In its administration of the laws and associated administrative regulations in which independent competence to carry out supervision and make decisions has been vested in the National Telecom Agency, the National Telecom Agency shall actively contribute to promoting competition in the telecommunications sector with the aim of giving private consumers, enterprises etc. access to a wide and varied range of telecommunications services at low prices and of a high quality and at the same time contribute to ensuring the necessary consumer protection.

(2) The responsibilities of the National Telecom Agency include the following:

To supervise and make decisions regarding the observance of existing legislation for the telecommunications sector.

To lay down administrative regulations in areas where competence to do so has been vested in the National Telecom Agency by Acts or Executive Orders.

To provide consultancy services to users of telecommunications, companies etc. within the telecommunications sector and other relevant parties about existing legislation for the sector and about other general matters concerned with telecommunications.

To advise the Minister of Research and Information Technology on questions concerned with telecommunications, ensuring, in this connection, a continuous collection and communication of experience regarding existing legislation for the telecommunications sector and the function of this.

To advise the Minister of Research and Information Technology on any need of amending or extending existing legislation for the telecommunications sector, based on the commercial, structural or technological development of the telecommunications market etc.

To handle Danish interests in the telecommunications field in international organizations and during international negotiations to the extent that the Minister of Research and Information Technology has vested competence for this in the National Telecom Agency, and also to assist in handling Danish interests in areas where competence to handle Danish interests is not vested in the National Telecom Agency.

(3) The National Telecom Agency shall collect and publish statistics currently on various matters within the telecommunications sector deemed to be necessary for a wellworking competitive market.

(4) The Minister of Research and Information Technology may vest responsibilities other than those mentioned in subsections (2) and (3) in the National Telecom Agency.

2.-(1) The Minister of Research and Information Technology shall lay down more specific rules indicating in what areas the competence to handle Danish interests in the telecommunications field in international organizations and during international negotiations shall be vested in the National Telecom Agency.

(2) The Minister of Research and Information Technology shall lay down general or concrete negotiation objectives and mandates for the National Telecom Agency's participation in international negotiations and organizations as mentioned in subsection (1).

3.-(1) Beyond what follows from this Act, the Minister of Research and Information Technology shall not be in a position to give official orders to the National Telecom Agency on the Agency's handling of authority functions in concrete cases; on handling and decision of individual cases; on the National Telecom Agency's issue of administrative regulations in areas where the Agency is authorized to do so; or on other supervisory activities of the National Telecom Agency for the purpose of ensuring compliance with the following Acts and administrative regulations issued in pursuance thereof:

Act on Universal Service Obligation and Certain Consumer Interests within the Telecommunications Sector.

Act on Competitive Conditions and Interconnection in the Telecommunications Sector.

Act on Certain Conditions within the Telecommunications Field.

Act on Public Mobile Communications.

Act on Radiocommunications and Assignment of Radio Frequencies.

Act on Assignment and Use of Number Resources etc.

Act on Cable Laying Access and Expropriation etc.

Act on Standards for Transmission of TV Signals etc.

Act on Radio and Television Activities.

(2) Notwithstanding subsection (1), no. 3, the Minister of Research and Information Technology may give the National Telecom Agency official orders on the handling of concrete cases under section 2(5) and section 3(1), no. 2, of the Act on Certain Conditions in the Telecommunications Field.

2. The Minister of Research and Information Technology may not grant exemptions from administrative regulations issued by the Minister in pursuance of this Act.

3. The Director of the National Telecom Agency shall have a duty to inform the Minister of Research and Information Technology on such matters, including individual cases of a wider scope, regarding the National Telecom Agency's overall administration of the legal basis referred to in section 3 as must be considered to present a special interest to the Minister.

PART 2

Annual report, analyses and examinations

6.-(1) The National Telecom Agency shall submit an annual report every year to the Minister of Research and Information Technology regarding:

The activities of the National Telecom Agency, including major examinations, analyses etc. regarding supervisory activities, the effect of efforts in the supervisory field so far, and any considerations on future handling thereof.

Experience regarding existing legislation for the telecommunications sector and its effect in practice, including any need of amending or extending such legislation on the basis of the commercial, structural or technological development of the telecommunications market etc. and including the competitive level in the sector.

The overall offering of telecommunications services to consumers and enterprises, including the range, quality and price of such offering, as well as relevant matters regarding the universal service obligation and consumer protection in the telecommunications sector.

(2) The Minister of Research and Information Technology shall submit the National Telecom Agency's annual report for discussion to representatives of users of telecommunications, companies etc. within the telecommunications sector and other relevant parties.

(3) The Minister of Research and Information Technology may lay down more specific rules for the discussion referred to in subsection (2).

7.-(1) As an element in the National Telecom Agency's supervisory activities, the Agency shall, on its own initiative, carry out examinations, analyses etc. These analysis and examination activities shall be financed by the telecommunications sector.

(2) In addition, the National Telecom Agency shall annually submit to the Minister of Research and Information Technology a proposal for areas or issues within the telecommunications sector where there is a need for major sectorfinanced analyses or examinations to be initiated by the National Telecom Agency within the following year.

(3) Based on the proposal referred to in subsection (2) and following discussion with representatives of users of telecommunications, companies etc. within the telecommunications sector and other relevant parties, the Minister of Research and Information Technology will lay down an analysis plan for the National Telecom Agency for the following year. When laying down this analysis plan, the Minister of Research and Information Technology may depart from the National Telecom Agency's proposal under subsection (2).

(4) Independently of the decision procedure mentioned in subsections (2)(3), the National Telecom Agency may propose further sectorfinanced analyses or examinations to the Minister of Research and Information Technology.

(5) Independently of the decision procedure mentioned in subsections (2)(3) and following discussion with representatives of users of telecommunications, companies etc. within the telecommunications sector and other relevant parties, the Minister of Research and Information Technology may assign further factfinding missions to the National Telecom Agency, including sectorfinanced analyses or examinations and analyses or examinations financed in other ways.

PART 3

Performance contract

8.-(1) The framework for the National Telecom Agency's overall administrative activities shall be laid down in a performance contract between the Minister of Research and Information Technology and the National Telecom Agency.

(2) The performance contract may include specific targets and requirements for the National Telecom Agency's:

results, productivity and quality in individual areas,

cooperation with the Minister of Research and Information Technology on solving tasks in areas not covered by section 3 or section 5, and

use of external expertise for evaluation of the quality, productivity and efficiency in one or more business areas.

PART 4

Coming into force

9. This Act shall come into force on 1 July 1997.

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