Electronic Communications Law, Article 40(3) and (5), information on measures giving end-users with disabilities equivalent services

Article 40(3) of the Electronic Communications Law entitles the Regulator to require an internet access service provider or an interpersonal communications service provider that controls at least some network elements to publish information for the end-user on the quality of the service. Article 40(3) also entitles the Regulator to require the publication of information on the measures taken to give end-users with disabilities services equivalent to those offered to other end-users.

Article 40(5) requires the merchant to submit the information referred to in paragraphs 3 and 4 to the Regulator before publication, at the Regulator's request. Article 40(1) makes the Regulator the body that sets the quality requirements for electronic communications services and the method of measuring them. The Regulator's decision of 22 September 2022 numbered 1/28, the Electronic Communications Service Quality Requirements Rules, is issued under Article 40(1) of the Law.

Article 104(1) of Directive (EU) 2018/1972 lets national regulatory authorities require providers of internet access services and publicly available interpersonal communications services to publish information on the quality of their services and on measures taken to ensure equivalence in access for end-users with disabilities.

Article 111(1) of that Directive requires Member States to ensure that the competent authorities specify requirements to be met by providers of publicly available electronic communications services so that end-users with disabilities have equivalent access and the same choice of undertakings and services as the majority of end-users. The Law was adopted by the Saeima on 14 July 2022 and promulgated by the President in Riga on 28 July 2022.

The Law enters into force on the day after its promulgation. The legal act passport gives 29 July 2022 as the day the Law entered into force. Article 1(1) point 13 names the Public Utilities Commission as the Regulator. Article 1(1) point 12 defines an electronic communications merchant as a merchant that has the right to provide an electronic communications network and to provide an electronic communications service.

The Law lists Directive (EU) 2018/1972 and Directive (EU) 2019/882 among the directives it includes provisions from. Article 44(1) requires a complaint about the provision of an electronic communications service to be submitted first to the merchant, which examines it in the manner the Law on Regulators of Public Utilities sets.

Article 44(2) lets a complainant who is dissatisfied with the merchant's answer go to the Regulator where the complaint concerns a regulated electronic communications service, and the Regulator may decide to order the merchant to remedy the deficiencies found. Article 10 lets the Regulator demand information from persons active in the sector, visit premises and equipment used for providing electronic communications services after advance warning, and demand documents proving rights to them.

Article 368(1) of the Administrative Procedure Law has an administrative act that obliges its addressee to perform an action enforced by substitute performance, a coercive fine or direct force. A coercive fine under Article 370(3) of that Law is EUR 50 to 5,000 for a natural person and EUR 100 to 10,000 for a legal person. Article 370(2) of that Law lets the coercive fine be imposed again, no sooner than seven days after the previous one, until the addressee complies.