REPUBLIC OF LITHUANIA
LAW
ON
RADIO COMMUNICATION
Article 1. Definitions Used in the Law
Radio waves - electromagnetic waves freely propagated across
the space, the frequency whereof is from 9 kHz to 3 000 GHz.
Radio communication - transfer and receipt of information by
means of radio waves.
Radio communication channel - a radio frequency band for the
determinate whole of technical devices and the environment of
propagation of radio waves, used for transmission and reception
of certain information.
Radio equipment - equipment used for radio transmission or
radio receiving.
Devices and equipment - radio electronics devices and
electric equipment which emit or can emit radio waves while
functioning.
National Table of Radio Frequencies Allocations - an
official document which establishes radio frequencies allocations
for radio communication, industrial, scientific, medical, and
other purposes.
Radio monitoring - permanent control of parameters of the
environment of radio waves.
Radio interference - unwanted electromagnetic oscillations
of various origin which impede reception of wanted radio signals
and restoration of the information.
Distress and safety radio signal - radio signal used to
protect and save human life or property.
Licence to manufacture - co-ordination of the technical
conditions of a product in accordance with the parameters of
electromagnetic emission.
Article 2. Purpose of the Law
The Law shall regulate management, use, and control of radio
communications, it shall also establish the procedure for
bringing in and sending from abroad, operation and trade (radio
transmission devices and equipment - manufacture as well) of
devices and equipment on the territory of the Republic of
Lithuania.
The Law shall regulate the use of radio waves for the needs
of the State and its citizens in compliance with the
Constitution, laws, international agreements and other standard
acts of the Republic of Lithuania.
Radio communication can be regulated only by the State,
because radio waves are the limited interval of electromagnetic
waves which are protected on the national and international
levels.
Article 3. State Radio Communication Administration
The state radio communication administration is the State
Telecommunications Inspectorate of the Government of the Republic
of Lithuania which plans, develops, maintains, and manages radio
communications.
The Ministry of Communications and Informatics shall
represent the Republic of Lithuania in international
organisations on the issues concerning the Radio Communication
Regulations, and it shall prepare and revise the National Table
of Radio Frequencies Allocations, prepare plans and regulating
documents of radio communication development, allocate operating
frequencies to radio transmission equipment, carry out
international co-ordination of radio frequencies, inspect the
functioning radio communication network, control the sale of
radio electronics devices and equipment of a non-approved model,
and solve other practical issues concerning organisation of radio
communication and its technical supervision.
The Ministry of National Defence and the Department of State
Security shall manage and supervise radio frequencies assigned
for the State protection and defence, bringing in and use of
radio communication and radio monitoring devices; the Ministry of
Internal Affairs shall manage and supervise the radio frequencies
assigned for protection of state borders, as well as the bringing
into the country and use of radio communication and radio
monitoring devices.
In the case of declaration of the martial law or the state
of emergency on the territory of the Republic of Lithuania, radio
communication shall be organised and managed according to the
provisions of the law regulating the martial law or the state of
emergency.
Article 4. Consultative Radio Communication Commission
The Consultative Radio Communication Commission shall
function within the Ministry of Communications and Informatics as
an expert service in the sphere of radio communication. The
Commission shall be made up of representatives of the most
important radio communication users and independent experts. The
Consultative Commission shall be directed by the Minister of
Communications and Informatics and its composition as well as
regulations shall be approved by him.
The Commission shall advise on preparing or revising of the
National Table of Radio Frequencies Allocations, participate in
preparing standard acts regulating radio communication, submit
proposals concerning the organisation of practical activities in
the radio communication of enterprises, institutions, and
organisations.
Article 5. Assignment of Channels for Radio Communication
Channels for radio communication may be assigned to legal
entities and private enterprises for radio communication,
industrial, scientific, medical, and other purposes.
The State Telecommunications Inspectorate shall assign
channels for radio communication. Channels for radio
communication shall be assigned to the communication network of
State significance when the Ministry of Communications and
Informatics grants a licence of activity in the manner prescribed
by the Government. In case of great occupancy and demand for a
concrete radio frequency band, channels for radio communications
shall be assigned on a competitive basis.
When assigning a channel for radio communication, the State
Telecommunications Inspectorate shall act in compliance with the
international obligations of the Republic of Lithuania, the
Regulations of Radio Communication, the National Table of Radio
Frequencies Allocations, and other standard acts regulating radio
communication, as well as the results of the analysis of
technical, economic and social parameters of the proposed
project.
The Civil Aircraft Administration shall co-ordinate with the
International Civil Aircraft Organisation the channels for radio
communication assigned to the civil aircraft.
Article 6. Issuing and Holding of Permits
Devices and equipment shall be brought in or sent from
abroad, and radio sending and radio monitoring devices and
equipment shall be manufactured, sold, acquired and operated if
the State Telecommunications Inspectorate issues an appropriate
permit which is in accordance with the procedure established by
the Government.
Special-purpose devices and equipment shall be brought in
and sent from abroad, manufactured, sold, acquired, and operated
only if the Ministry of Internal Affairs issues an appropriate
permit to legal and natural persons.
Permits shall be issued to bring in (send), sell and use
only test-approved devices and equipment, the standard pattern
whereof is approved by an accredited certification agency or
which has the conformity certificate recognised by the State
Telecommunications Inspectorate issued in a foreign country.
Permits to operate the devices of a non-standard pattern shall be
issued in accordance with the conditions established by the State
Telecommunications Inspectorate.
If devices and equipment are brought into the Republic of
Lithuania, which are only tested or temporarily operated (for
sports events, exhibitions, temporary radio communication, etc.),
then temporary permits shall be issued.
Permits shall be of fixed term and the number of brought-in
or used equipment shall be indicated therein. Conditions of the
permit may be altered in the case of changes in the National
Table of Radio Frequencies Allocations during the term of
validity of the permit or new international obligations adopted
by the Republic of Lithuania.
Owners or users of devices and equipment must have a permit
to operate or sell them in the places where equipment and devices
are kept.
Article 7. Technical Requirements and Control of Devices and
Equipment
In order to ensure the technical quality of radio
communication and to avoid interference caused by devices and
equipment, the State Telecommunications Inspectorate shall
exercise control over devices and equipment, which are
manufactured in the Republic of Lithuania, brought in and sent
from abroad, this shall be done according to radio-frequency
radiation parameters, except radio transmission equipment
manufactured for export. The purpose of control shall be to
determine whether devices and equipment correspond according to
electromagnetic radiation to the existing standards of the
Republic of Lithuania.
Devices and equipment may be checked in the place of their
operation.
Article 8. Duties of Owners or Users of Devices and
Equipment
The owner or user of devices and equipment must permit an
inspector of the State Telecommunications Inspectorate or officer
of the Ministry of Internal Affairs to check devices and
equipment in the place of their operation. In the manner
prescribed by laws the owner or user of devices and equipment
must permit operative officers to check the devices and equipment
in the place of their operation, and provide information about
the devices, the equipment, and the organisation of radio
communication.
Upon receiving distress or safety signals, it is necessary
to take measures in conformity with the situation; immediately
the work of devices and equipment must be terminated if they
interfere with sending or receiving of distress or safety
signals.
Article 9. Secrecy of Radio Communication
When a radio message for another addressee is received, it
shall be prohibited to record, disclose, distribute, or use its
content, and the fact of its availability except in the cases set
forth in the Law on Operative Activities. It shall be prohibited
to transmit the information, which is considered a state secret,
through the channels of radio communication without encoding it.
The secrecy of radio communication is not regarded as being
violated if such a message is received as radio communication
interference and, in order to determine its identity, the State
Telecommunications Inspectorate is notified about it. Radio
monitoring carried out by the State Telecommunications
Inspectorate shall not be considered a violation of the secrecy
of radio communication as well.
It shall be prohibited to keep, without a permit from the
State Telecommunications Inspectorate, the devices and equipment
which can be used in sending, receiving, coding, and decoding
private radio messages.
Article 10. Radio Monitoring
While exercising control over the use of radio frequencies,
observance of the requirements of the standard acts regulating
radio communication, the State Telecommunications Inspectorate
shall carry out radio monitoring. It shall be controlled and
analysed by radio monitoring to what extent the radio-frequency
band is occupied by emissions of various radio stations, whether
spectra of an emission in the used frequency bands and industrial
noise correspond to permissible norms, and out-of-band, spurious
and parasitic emissions of radio stations correspond to limiting
norms.
The subject-related information obtained by radio monitoring
may be used only in the activities of the State
Telecommunications Inspectorate, which is regulated by this Law.
Article 11. Elimination of Radio Communication Interference
The owners or users of the equipment which has caused radio
communication interference must eliminate it. If this
interference is caused by changes in technical parameters of a
radio receiver or receiving equipment, the owner or user of such
receiver or equipment must eliminate the interference. The owner
or user of the devices or equipment must eliminate or reduce
radio communication interference and interfering radio effects as
pointed out by the State Telecommunications Inspectorate. If the
parameters of emission of the equipment which cause radio
interference or receive it correspond to the standard technical
requirements, then the procedure for its elimination shall be
established by the State Telecommunications Inspectorate.
Article 12. State Telecommunications Inspector
The State Telecommunications Inspector shall be authorised
to exercise the state control of radio communication.
Upon producing the certificate, the Inspector shall have the
right to check the devices and equipment, permits to manufacture,
bring in or send them, as well as to sell or operate them, to
draw up a record for administrative violations of law, and to
confiscate the devices and equipment in the manner prescribed by
laws.
Article 13. Tax Rates
Payment for issuing of a licence or permit and for
examination of the qualifications of a radio communication
operator shall be in accordance with the stamp duty rates
approved by the Government.
Article 14. Liability for Violations of the Requirements of
this Law and other Standard Acts
Concerning Radio Communication
Persons guilty of the violations of the requirements of this
Law shall be liable in accordance with the effective laws of the
Republic of Lithuania. For the repeated violation of the
regulating requirements of the standard acts, the licence for
activities may be revoked by the Ministry of Communications and
Informatics, and the permit to bring in and send from abroad,
manufacture, operate devices and equipment, as well as to sell
them may be annulled by the State Telecommunications
Inspectorate.
The decisions of the State Telecommunications Inspectorate
may be appealed against to the court.
I promulgate this Law passed by the Seimas of the Republic
of Lithuania.
Algirdas Brazauskas
President of the Republic
Vilnius
7 November 1995,
No.I-1086