S.L. 399.48 чл. 43Access to radio localareanetworks (RLANs.) S.L. 399.43. Cap. 426.

(1) The Authority shall allow the provision of access through RLANs to a public electronic communications network, as well as the use of the harmonised radio spectrum for that provision, subject only to the applicable general authorisation conditions relating to radio spectrum use as referred to in article 37(2) of the Act:

Provided that where that provision is not part of an economic activity or is ancillary to an economic activity or a public service which is not dependent on the conveyance of signals on those networks, any undertaking, public authority or end-user providing such access shall not be subject to any general authorisation for the provision of electronic communications networks or services pursuant to regulation 5, to obligations regarding end-users rights pursuant regulations 80, 81, 82 and 83, and to regulation 7 of the Emergency Communications, the Single European Call service (‘112’ Number)

and the European Harmonised Services of Social Value (‘116’ Numbering Range) Regulations, or to obligations to interconnect their networks pursuant to regulation 48(1).

(2) Article 19 of the Electronic Commerce Act shall apply to the provisions of this regulation.

(3) The Authority shall not prevent providers of public electronic communications networks or publicly available electronic communications services from allowing access to their networks to the public, through RLANs, which may be located at the premises of an end-user, subject to compliance with the applicable general authorisation conditions and the prior informed agreement of the end-user concerned.

(4) In accordance in particular with Article 3(1) of Regulation

(EU) 2015/2120, the Authority shall ensure that providers of public electronic communications networks or publicly available electronic communications services do not unilaterally restrict or prevent end-users from:

(a) accessing RLANs of their choice provided by third parties; or

(b) allowing reciprocally or, more generally, accessing the networks of such providers by other end-users through RLANs, including on the basis of third-party initiatives which aggregate and make publicly accessible the RLANs of different end-users.

(5) The Authority shall not limit or prevent end-users from AND SERVICES (GENERAL)

allowing access, reciprocally or otherwise, to their RLANs by other end-users, including on the basis of third-party initiatives which aggregate and make the RLANs of different end-users publicly accessible.

(6) The Authority shall not unduly restrict the provision of access to RLANs to the public:

(a) by public sector bodies or in public spaces close to premises occupied by such public sector bodies, when that provision is ancillary to the public services provided on those premises; and

(b) by initiatives of non-governmental organisations or public sector bodies to aggregate and make reciprocally or more generally accessible the RLANs of different end-users, including, where applicable, the RLANs to which public access is provided in accordance with paragraph (a) of this sub-regulation.