7) data compression techniques which reduce the size of a data file without any modification of the content of
the service;
8) other techniques used to adapt a service to the distribution means, such as resolution and coding.
[RT I, 27.02.2022, 1 – entry into force 09.03.2022]
Chapter 9
PROVISION OF COMMUNICATIONS SERVICES TO ENDUSERS AND PROTECTION OF RIGHTS OF END-USERS
§ 91. Communications services contracts
(1) Communications services are provided to end-users on the basis of communications services contracts.
(2) Communications services contracts are subscription contracts or other contracts for the provision of
communications services.
(3) The provisions of the Law of Obligations Act apply to communications services contracts insofar as they are
not regulated by the provisions of this Act.
(4) This Chapter does not apply to micro undertakings who are providers of number-independent interpersonal
communications services unless the specified undertaking offers other services.
[RT I, 15.12.2021, 1 – entry into force 01.02.2022]
§ 92. Freedom of entry into communications services contract
(1) Taking account of the restrictions arising from this Act and the restrictions established for the protection
of the rights of end-users, communications undertakings and end-users are free to agree on the conditions of a
communications services contract.
(2) Any condition of a communications services contract which restricts the rights of the end-user, as compared
to the rights provided for in this Act, is null and void.
§ 93. Obligation to enter into subscription contract with end-user
(1) A communications undertaking who provides connection to a communications network is required to enter
into a subscription contract with a person based on an application to this effect submitted by the person. A
subscription contract is entered into in writing at the request of a party.
(2) Entry into a subscription contract specified in subsection 1 of this section may be refused only if:
1) at the time of submitting the application, connection of terminal equipment to the communications network
is not technically possible in the requested area or in the requested manner;
2) the applicant has failed to provide information necessary for his or her identification or for communication
with him or her, or the address of the location of connection to the communications network allowing the
provision of requested communications services;
3) the applicant provides incorrect information upon submitting the application or upon entering into a
requested subscription contract;
4) the applicant owes collectable arrears for provided communications services or
5) the applicant is subject to bankruptcy proceedings.
§ 94. Procedure for entry into subscription contract
(1) A communications undertaking specified in subsection 1 of § 93 of this Act shall send, within 30 days after
submission by a person of an application for entry into a subscription contract, a notice whereby the undertaking
informs the applicant of the possibility to enter into a subscription contract and of the term of such contract.
(2) If the provision of communications services is technically possible, the communications undertaking must
set out in the notice specified in subsection 1 of this section and sent to the person that the person may enter into
a subscription contract with the communications undertaking. A communications undertaking may not delay the
entry into a subscription contract without good reason.
(3) If provision of communications services to a person is technically impossible, the communications
undertaking must register the application submitted by the person for entry into a subscription contract and
notify the person, by way of the notice specified in subsection 1 of this section, of the absence of a technical
possibility.
(4) When the provision of communications services becomes possible, subscription contracts shall be entered
into in the order of receipt of the applications. The date of submitting the application shall be the basis for
satisfaction of the application also in the cases where the person submitting the application assigns the rights
arising from the application to another person or where the place of connection to the communications network
Page 54 / 89
Electronic Communications Act