BulgariaElectronic Communications Act, Article 187, and Ordinance No 4 of 21 March 2023, Article 7, special measures for end-users with disabilities by providers of voice communications and internet access at a fixed location
In force.
An accessibility requirements rule binding private bodies.
What it requires
- If you provide voice communications services and internet access services at a fixed location and the Communications Regulation Commission imposes special measures on you, make available and accessible related terminal equipment, specific equipment and specific services that improve equal access for people with disabilities, including where necessary total conversation services or relay services (Art. 187(1); implements Directive (EU) 2018/1972, Art. 85(4)).
- Give users with disabilities contracts and itemised bills in a form suitable for them (Art. 187(2)).
- Give users with disabilities the possibility to monitor and control their spending independently by means similar to those used by other users (Art. 187(3)).
- Meet any additional quality standards and performance parameters the Commission sets in justified cases for the services you provide to users with disabilities (Art. 187(6)).
- If the Communications Regulation Commission has imposed an obligation on you under Article 187(1), provide people with disabilities fixed-location voice communications services and adequate broadband internet access similar to those used by other users by taking the special measures of Article 7(1) of Ordinance No 4 of : free advice on terminal equipment for people with hearing, visual and speech impairments, free activation of outgoing call barring, facilities for blind and visually impaired users and other people with disabilities, free itemised bills in a suitable form on request, universal service prices and packages set under the methodology of Article 195 of the Act, and the possibility to monitor and control spending independently (Art. 7(1) points 1 to 6 of the Ordinance; Art. 187(5) of the Act).
- On the request of users with hearing or speech impairments, make available and accessible suitable terminal equipment or a specialised software application for text or other non-voice communication that gives them access to the single European emergency number 112 (Art. 7(1) point 7 of the Ordinance).
These lines are LexLint's reading of the law's text.
If you get it wrong
Penalty structure
Article 326 punishes an undertaking that provides public electronic communications networks or services after notification pursuant to Article 66 and breaches the general requirements of Article 73 and/or a specific obligation with a property sanction of BGN 3,000 to 15,000 (EUR 1,533.88 to 7,669.38), the highest of the three amounts that can reach a breach of the Article 187 duties. The Act states the amount in leva, and the euro figures convert it at the official exchange rate of 1.95583 leva to the euro, which Article 11(2) of the Euro Introduction Act applies to amounts in leva from . Where the duty arises from a decision of the Commission, Article 287(1) of the Administrative Procedure Code also lets the Commission, as the enforcing body under Article 271(1) point 1 of that Code, impose on the organisation a property sanction of BGN 500 to 10,000 (EUR 255.65 to 5,112.92) a week, and a fine of BGN 50 to 1,000 (EUR 25.56 to 511.29) a week on its representatives, until the decision is complied with.
- Rule
- Fixed only
- As of
- Currency
- EUR
- Fixed cap
- 7669.38
Who enforces it
Enforcement body
The Communications Regulation Commission, which controls the carrying out of electronic communications (Article 311(1))
What it reaches
Instrument type
an act of a legislature
Applicability criteria
- As of
- Combinator
- All of
- Criteria
- an undertaking providing voice communications services through a connection at a fixed location and internet access services at a fixed location: Article 187(1) names "предприятията, предоставящи услуги за гласови съобщения чрез свързване в определено местоположение и услуги за достъп до интернет в определено местоположение" and Article 187(2) and (3) bind "Предприятията по ал. 1"; Article 7(1) of Ordinance No 4 of binds "Предприятията, на които е възложено задължение по чл. 187, ал. 1 от ЗЕС" (the undertakings on which an obligation under Article 187(1) has been imposed)
What this law does
Paragraph 344 of the additional provisions of the amending Law published in State Gazette issue 20 of 2021 states that it introduces the requirements of Directive (EU) 2018/1972. The 44th National Assembly adopted the amending Law on . State Gazette issue 20 of published the amending Law.
Article 187(1) lets the Commission impose on undertakings providing voice communications services and internet access services at a fixed location special measures for people with disabilities, namely the availability and accessibility of related terminal equipment, specific equipment and specific services that improve equal access, including where necessary total conversation services or relay services.
Article 187(2) requires those undertakings to give users with disabilities contracts and itemised bills in a form suitable for them. Article 187(3) requires those undertakings to give users with disabilities the possibility to monitor and control their spending independently by means similar to those used by other users. Article 187(3) was added with effect from .
Article 187(5) leaves the conditions, procedure and means of providing the universal service to people with disabilities to the ordinance provided for in Article 182(5). Article 187(6) lets the Commission set, in justified cases, additional quality standards and performance parameters for the services provided to users with disabilities.
Ordinance No 4 of on the conditions and procedure for providing the universal service was issued by the Minister of Transport and Communications and the Minister of e-Government and published in State Gazette issue 29 of . Paragraph 1 of the transitional and final provisions of the Ordinance issues it on the basis of Article 182(5) of the Act.
Paragraph 3(1) of those provisions repeals Ordinance No 6 of 2008 on the universal service, except its Articles 6 and 8а, which applied until .
Article 7(1) of the Ordinance requires undertakings on which an obligation under Article 187(1) of the Act has been imposed to provide people with disabilities voice communications services through a connection at a fixed location and adequate broadband internet access at a fixed location similar to those used by other users, by taking special measures.
Article 7(1) points 1 to 3 of the Ordinance list free advice on the technical characteristics of terminal equipment for people with hearing, visual and speech impairments, free activation of the outgoing call barring service, and facilities for blind and visually impaired users and other people with disabilities. Article 7(1) point 4 of the Ordinance requires them to give users with disabilities, on request, their itemised bills free of charge in a form suitable for them.
Article 7(1) points 5 and 6 of the Ordinance add universal service prices and packages set by the methodology of Article 195 of the Act and the possibility for users with disabilities to monitor and control their spending independently.
Article 7(1) point 7 of the Ordinance requires them, on the request of users with hearing or speech impairments, to make available and accessible suitable terminal equipment or a specialised software application providing text or other non-voice communication, which must give those users access to the single European emergency number 112. Article 331(3) punishes failure to comply with a decision of the Commission with a fine of BGN 1,000 to 10,000.
Article 326 punishes an undertaking that provides public electronic communications networks or services after notification pursuant to Article 66 and breaches the general requirements of Article 73 or a specific obligation with a property sanction of BGN 3,000 to 15,000. Article 335 punishes a breach of the Act and of the acts issued on its basis, for which no other penalty is provided, with a fine of BGN 500 to 5,000.
Article 336 makes the sanction on a legal person or sole trader for a breach of Articles 331(3) and 335 a property sanction in the amount of the fine. The Chair of the Commission or a member it expressly authorises issues the penal decrees (Article 337б(1)). Article 271(1) point 1 of the Administrative Procedure Code makes the authority that issued an administrative act the enforcing body against citizens and organisations.
Article 287(1) of that Code lets the enforcing body, on culpable non-performance of an obligation that only the debtor can perform, impose on the obligated organisation a property sanction of BGN 500 to 10,000 a week, together with a fine of BGN 50 to 1,000 a week on its representatives, until the obligation is performed.
When LexLint raises it
When your app profile says your app provides telecom services.
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