Legislation and Regulation

Sweden

Electronic Communications Act (SFS 2003:389)

Chapter 5 Services to end-users, etc

Universal services

Section 1

If it is necessary for the universal services shown below to be available at affordable prices, the party that is considered appropriate for this may be ordered to, at an affordable price,

satisfy reasonable requirements for connection to the public telephone network to a fixed network termination point at a permanent place of residence or a regular business location, for everyone who requests it,
satisfy reasonable requirements for access to public telephony services to a fixed network termination point at a permanent place of residence or a regular business location, for everyone who demands this service,
in a subscriber directory, which shall be updated annually, make information about all telephone subscriptions available to the extent they are not subject to secrecy or a duty of confidentiality according to law,
provide a complete directory inquiry service, regarding telephone subscriptions to the extent that the information that is provided is not subject to secrecy or a duty of confidentiality according to law,
provide public payphones to the extent that, as regards quality, number and geographical distribution, satisfies the needs of the public, or
provide access for people with disability to services according to items 2 to 5 to the same extent and on equivalent terms as for other end-users and satisfy the needs of people with disability for such special services.

Access to universal services shall be safeguarded through procurement by the State if this is called for especially having regard to the costs for the provision of the service or the network.

Section 2

A party that shall provide a service according to Section 1 may have an obligation imposed on it to within a particular time achieve particular performance objectives. This time may not be less than three months.

A connection according to Section 1, first paragraph, item 1, shall be designed so that the end-user can conduct and receive local, national and international calls, telefax and data communication with a particular specified minimum data rate that allows functional access to the Internet.

The Government may issue regulations concerning data rate according to the second paragraph.

Section 3

A party that shall provide access to public telephony services in accordance with Section 1, first paragraph, item 2 shall at the request of a subscriber bar without charge certain kinds of outgoing calls or numbers.

A party that shall provide subscriber directories and directory inquiry services according to Section 1, first paragraph, item 3 or 4 shall treat the information received in a non-discriminatory way.

Section 4

A party that shall provide a service in accordance with Section 1 may, in appropriate cases, have an obligation imposed on it to

without charge discontinue a public telephony service to a fixed network termination point, if the claim against the subscriber exceeds an amount that is stated by the subscriber in advance and the subscriber does not request that the service should be provided nonetheless,
apply common tariffs throughout Sweden or apply a specified maximum price,
make it possible for the consumer to pay in advance for connection to the public telephone network and for the use of public telephony services, and
allow the consumer to pay for a connection to the public telephone network through payments that are spread over time.

Tariffs as referred to in the first paragraph, item 2, shall be made available to the public.

A subscriber shall, in conjunction with a contract being concluded for the provision of public telephony services, be informed of his or her rights according to the first paragraph, item 1 and shall, during an ongoing contract period, be entitled to change the specified amount without charge. The discontinuation of the service shall not impede a subscriber from making emergency calls or other calls that are free of charge.

Section 5

A service according to Section 1 may not be provided on conditions whereby a subscriber is compelled to pay for something that is not necessary for the service.

Section 6

A party that shall provide a particular service according to Section 1 shall keep information about the performance that has been achieved upon the provision of the service available to the public, unless otherwise provided by provisions regarding secrecy or other protection of privacy.

The Government or the public authority appointed by the Government may issue regulations regarding information in accordance with the first paragraph.

General obligations

Section 7

A party that provides a public telephony service shall

ensure that the service and the public telephone network to a fixed network termination point satisfy reasonable demands for good function and technical security and also for sustainability and accessibility in the case of extraordinary events during peacetime,
assist in emergency calls being conveyed without interruption and free of charge for the user,
to the extent that it is technically feasible, provide those who receive emergency calls with location data,
on terms that are fair, cost-orientated and non-discriminatory, satisfy every reasonable request to release subscriber data that are not subject to secrecy or a duty of confidentiality according to law to those who conduct or intend to conduct subscriber directory services,
provide without charge a subscriber with specified telephone bills relating to the use of a public telephone network to a fixed network termination point or public telephony services belonging thereto, provided the subscriber has not requested that the bills should be unspecified,
ensure that that end-users from other States within the European Economic Area can reach Swedish numbers, whose numerical structure does not have any geographical significance, provided this is technically and economically feasible and the subscriber called has not chosen to limit access for incoming calls from certain geographical areas for commercial reasons, and
have regard in operations to the needs of people with disability for special services.

Calls that are free of charge for the subscriber dialled up may not be specified on his or her telephone bill.

The Government or the public authority appointed by the Government may issue regulations concerning the way in which these obligations shall be satisfied and concerning exemptions from the obligations.

Section 8

A party that provides public payphones that are available to the public shall ensure that emergency calls from the payphones are forwarded free of charge and without a demand for means of payment.

Section 9

A party that provides public telephony services shall ensure that the telephone network allows a subscriber to retain his or her telephone number when changing service provider. If the subscriber so requests, the telephone number that is used for such a service shall be transferred to another to enable it to provide the service. A number whose figure structure has geographical significance need only be transferred for the provision of telephony services within the same geographical area (area code district).

The first paragraph does not apply for the transfer of telephone numbers between networks that provide services to a fixed and mobile network termination point respectively.

The Government or, if authorised by the Government, the supervisory authority may issue regulations concerning the way in which the obligations shall be satisfied and concerning exemptions from the obligations and also may, in individual cases, grant exemptions from the obligations, if there are special reasons.

Section 10

Payment for transferring telephone numbers in accordance with Section 9 may only be based on the operational cost for the transfer. A party that has transferred a telephone number is only entitled to payment for the operational costs that comprise increased traffic costs for a message to the telephone number. Such a payment may only be charged to the person with whom the calling subscriber has concluded a contract concerning communication of the message.

A party that transfers a telephone number is not entitled to payment from the subscriber for the transfer.

Section 11

A party that transfers a telephone number in accordance with Section 9 shall immediately provide, to the party nominated by the supervisory authority, such information as is necessary for routing messages to the telephone number. Other information that may be directly or indirectly referable to a natural person, except information about the telephone number and about the party that provides the persons involved with public telephony services, may not be released without the consent of such a person.

The authority may appoint someone to compile in a database such information as is referred to in the first paragraph and provide this to the provider of public telephony services, to the extent the party needs the information for routing calls, and others decided by the authority. The database operator appointed shall, in relation to the party providing public telephony services, apply conditions that are neutral as regards competition and may impose the charge that is reasonable having regard to the costs.

The provisions of this Act apply in relevant parts to the database operation referred to in the second paragraph.

Special obligations for undertakings with significant power in a market

Section 12

A party that in accordance with Chapter 8, Section 7 has significant power in the market for the provision of connection to and use of public telephone networks to a fixed network interconnection point shall provide its subscribers with access to services that are offered by others who provide public telephony services and with whom the operator conducts interconnection, through

a prefix for selection of operator for individual calls, and
a pre-selection with the possibility for the subscriber to drop pre-selection for individual calls.

Payment for a change of pre-selection may only be based on the operational costs and may not be charged to the subscriber.

Section 13

A party that in accordance with Chapter 8, Section 7 has significant power in a particular end-user market may, if the obligation under Section 12 or obligations that may be imposed under Chapter 4, Sections 3 and 4 are insufficient, in accordance with Chapter 8, Section 6 be ordered to implement an appropriate measure. Such an obligation may relate to

application of a particular maximum or minimum price,
not implementing measures that impede competition, or
not performing a service that can be provided independently as a result of another service also being provided.

Section 14

If a market analysis in accordance with Chapter 8, Section 6 shows that efficient competition does not prevail in the market for the provision of entire or parts of the minimum range of leased lines as determined in a list of standards in the Official Journal of the European Communities, a party that according to Chapter 8, Section 7 has significant power in the market throughout or in parts of Sweden shall be ordered to

under similar circumstances apply equivalent conditions in relation to others who provide equivalent services,
provide leased lines to others on the same conditions and of the same quality as applies to the operator's own services or for the services of a subsidiary or collaborating partner,
structure and use an appropriate cost accounting method,
publicise technical characteristics,
publicise tariffs, periodical rental charges and other costs and state whether these are differentiated, or
publicise terms and conditions of supply.

Tariffs and terms and conditions of supply that are publicised in accordance with the first paragraph, item 5 or 6 may not be amended without the permission of the public authority appointed by the Government.

Special rights for subscribers, etc.

Contracts, etc.

Section 15

A contract between an end-user and a party that provides electronic communications services or a connection to a public telephone network shall contain information about

the provider's name and address,
the services to be provided,
the level of quality that is offered,
the period of supply,
the maintenance services that are offered,
detailed prices and tariffs,
how information on applicable tariffs and maintenance charges can be obtained,
the term of the contract,
conditions for extension and termination of the service,
conditions for extension and termination of the contract,
conditions for compensation if services are not provided according to the contract, and
how dispute resolution proceedings for consumers out of court can be commenced.

Section 16

If a party that provides subscribers with electronic communications services wishes to amend the contract, the subscriber shall be notified of the amendment at least one month before it enters into force. A subscriber who does not accept the new conditions may give notice terminating the contract without therefore being adversely affected by any cost, charge or other obligation. The notification to the subscriber shall advise him or her about his or her right to give notice terminating the contract.

Access to and publicising information

Section 17

A party that provides a public telephony service shall keep information about applicable prices, tariffs and general terms for access to and the use of the telephony service available to the public.

The Government or the public authority appointed by the Government may issue regulations concerning such information.

Section 18

A party that provides public electronic communications services may be ordered to publicise for end users comparable, adequate and up-to-date information about the quality of the services.

Measures in the event of default in payment

Section 19

If a subscriber does not pay for a telephony service to a fixed network termination point, the provision of the service may be discontinued only after the subscriber has been directed to pay within a specified reasonable time, including information that the provision of the service may otherwise be discontinued. If the service is paid for within the specified time, the provision of the service may not be discontinued.

If a subscriber on repeated occasions has paid too late, the provision of the service may be discontinued immediately. The party that provides the service shall in such a case immediately notify the subscriber of the discontinuance and during a period of at least ten days from the discontinuance afford the subscriber an opportunity to make emergency calls and other freephone calls.

If the unpaid or repetitive late payment relates to a particular service, the discontinuance may be limited to that service, provided it is technically possible and the subscriber has not previously received a demand for payment or misled the service supplier.

Acknowledgements: This section has been developed with the help of Claes Tjäder, Swedish Handicap Institute.

Back to Legislation and Regulation