TELECOMMUNICATIONS LAW IN GREECE
Any type of electronic communications activities relating to the provision of networks and/or electronic communications are subject to the General Permit requirements of L. 3431/2006 titled “Electronic Communications and other provisions” (Government Gazette13/Α/3-2-2006) and to the “General Permits Regulation” (Government Gazette 748/Β/21-6-2006), as amended by Decisions No.442/68/28-6-2007 and 513/014/3-3-2009 of the Hellenic Telecommunications and Post Commission (Integrated text of the General Permits Regulation (Government Gazette 748/Β/2006, Government Gazette 1279/Β/2007, 492/Β/2009).
The provision of electronic communications services by third parties who lack privately-owned infrastructures and provide services under a different trade mark or under different corporate organization, by using infrastructures of other electronic communications network or service providers, under special agreements, is subject to the General Permits regime and to an Application for Registration.
On the contrary, a General Permit is not required:
- For the simple resale of electronic communications services to end users;
- For the private use of terminal radio equipment based on non-exclusive use of specific radio frequencies by the users for purposes not relating to any form of financial operations, such as use of the citizen zone by radio amateurs, which does not constitute provision of Network or electronic communications services and is governed by the applicable laws regulating the terminal equipment and radio equipment.
- For the state electronic communications networks, the radio communications networks and individual stations of the Radio Amateurs Service, of the Radio Amateurs Service through satellite and any networks used exclusively for experimental or research purposes and demonstration.
HTPC (Hellenic Telecommunications and Post Commission) is an independent Authority and the National Operator who monitors, regulates and controls:
- The electronic communications market, which mainly comprises the fixed and mobile telephony enterprises and wireless communications and internet providers and
- the posts market, which mainly comprises post and courier service providers. HTPC further exercises the powers of the Competition Commission in the relevant markets.
Within the scope of its duties, the Commission mainly engages in the following:
- Regulates any matters relating to
- the determination of the relevant electronic communications markets, products or services in the Greek Territory and
- the determination and the duties of any Providers with Significant Power over the relevant markets according to the national and Community laws;
- Supervises and monitors the electronic communications network and/or service providers; imposes sanctions and keeps and manages the Register of Electronic Communications Network and Service Providers;
- Issues Codes of Ethics as to the provision of electronic communications networks and services;
- Procures for due implementation of the laws governing electronic communications and of the provisions of L. 703/1977, as in force, and imposes the relevant sanctions;
- Cooperates with the Regulatory Authorities of other member-states of the European Union or third countries, as well as with Community or international organizations, in any matters falling within its powers and duties;
- Regulates any matters relating to the General Permits;
- Manages the National Numbering Plan (NNP);
- Regulates any matters relating to number portability, the selection and/or pre-selection of providers and monitors the implementation of the applicable provisions;
- Grants the rights of use of radio frequencies and/or numbers;
- Regulates any matters relating to Internet domain names ending in “.gr” and is competent to regulate any matters relating to domain names ending in “.eu”;
- Regulates any matters relating to electronic signatures;
- Regulates any access and interconnection matters;
- Exercises powers relating to the Universal Service;
- Regulates any matters pertaining to the protection of consumers in the field of electronic communications and post services;
- Regulates and monitors the post services market;
- Manages the commercial radio frequency spectrum, excluding radio and television frequencies. Within this context, HTPC:
- Defines in which cases the use of radio frequencies is subject to permit;
- Grants such permits where necessary;
- Defines the royalties payable for such use;
- Monitors and supervises the use of the radio frequency spectrum and imposes the applicable sanctions;
- Keeps the national register of radio frequencies;
- Grants permits for the construction of land antennas;
- Handles any matters relating to the distribution and use of terminal telecommunications equipment and radio equipment.