the defence of the state.
Article 5
(notification)
(1) Notification must be given in writing to the Agency prior to the commencement or
alteration of the provision of public communications networks and/or public communication
services.
(2) An undertaking with a notification from the Agency shall acquire the right, under the
conditions of and in accordance with Article 90 of this Act, to enter into negotiations on
interconnections with other undertakings and, where applicable, acquire operator access or
interconnections from them, and the possibility of being selected as a universal service
provider in accordance with Article 117 of this Act. The criteria and procedures for the
imposition of specific obligations on undertakings are contained in Chapters VII and X and
Articles 90 and 117 of this Act.
(3) The notification referred to in the preceding paragraph must contain the information that
the Agency requires in order to maintain an official register of undertakings and to exercise
supervision, as follows:
1. name, address and tax number (natural persons);
2. company name, registered office, tax number and an indication of the legal representative
(legal entities);
3. a short description of the public communications network and/or public communications
service, including a description of the characteristic physical and environmental features of
the network and facilities, and the method of their implementation;
4. the envisaged date of commencement or alteration of the provision of public
communications networks and/or public communications services.
(4) An undertaking must report changes to the information referred to in points 1, 2 and 3 of
the preceding paragraph to the Agency within 30 days of their occurrence. An undertaking
must report changes to the information referred to in point 4 of the preceding paragraph prior
to the envisaged date, except in the case of force majeure, where the information may be
reported within eight days of the envisaged date. It shall be deemed that there has been a
change in the information referred to in point 4 of the preceding paragraph if the provision of
public communications networks and/services does not actually commence on the envisaged
date.
(5) The Agency shall enter the undertaking in the official register within seven days of
receiving the notification and all the necessary information referred to in the third paragraph
of this Article, at the same time sending the undertaking confirmation of entry in the official
register. Entry in the official register shall not constitute a condition for the implementation
of the rights and obligations that the undertaking has under this Act. Confirmation shall not
constitute an administrative act, nor shall it in itself create rights and obligations under this
Act.
(6) Where a notification does not contain all the necessary information referred to in the third
paragraph of this Article, the Agency shall, within seven days of receipt of the notification,
instruct the undertaking to supplement it by a deadline that may not be shorter than eight
days.
(7) The Agency shall, by means of a general act, prescribe in detail the content and form of
the notification referred to in the first paragraph of this Article and the content of the
information referred to in the third paragraph of this Article. The Agency shall also, by means
of a general act, determine the form and content of the confirmation referred to in the fifth
paragraph of this Article.