New provisions in the Electronic Communications Act

- In essence, it is an evolution of the previous rules, rather than a revolution. The basics of the previous law are largely retained, but the existing system is being fine-tuned, for example through new rules in the field of access, which affect, among other things, the obligations that can be imposed on companies with significant influence," says Peter Ekstedt, head of the Communications Unit at PTS.

As an important change, Peter Ekstedt highlights the new definition of electronic communication service, which means that what the law calls "number-independent interpersonal communication services" are also covered.

- This concept includes services that allow communication between persons without the use of numbers, and includes, for example, e-mails, messaging services and group chats, i.e. services that were not covered by the previous Electronic Communications Act.

Another innovation is that the Act stipulates that in certain cases the PTS must impose a penalty when an operator has violated the rules of the Act. Unlike a penalty payment, a fine is imposed retrospectively and relates to an infringement that has already been committed. However, a penalty fee cannot be imposed for all breaches of the Act; instead, it applies to a number of specifically specified rules in the end-user and security area.

- There will also be new and clearer rules in the end-user area, but some of the directive is implemented in these parts through PTS regulations and is therefore not directly stated in the Act.

Which operators are affected?
- The law primarily affects all providers of public electronic communications networks or publicly available electronic communications services or who otherwise own radio transmitters. The operators affected by the previous law are also subject to the rules of the new law, but they are joined by those who provide number-independent interpersonal communications services, as these services now constitute electronic communications services. This is a new group of operators that includes providers of, for example, e-mail and various types of communication apps," says Peter Ekstedt:

- However, unlike the other providers affected by the Act, providers of number-independent interpersonal communications services do not have to register with the PTS, nor do they have to pay a fee.

What could be the long-term impact of the new law?
- The Commission has expressed its hope that the Directive will facilitate investment and contribute to the availability of secure, high-quality and affordable communications in the longer term. It is also hoped that the rules will provide greater protection for end-users, regardless of the underlying technological solution.

According to media reports, it seems that the law will enter into force earlier than previously communicated. Does this also apply to PTS regulations? And if so, how will operators have time to adapt their operations?
- PTS's ambition is for the regulations to come into force at the same time as the new law, even if the law enters into force earlier than August 1. The exception is the security regulations that have been notified to the European Commission. These are planned to enter into force on August 1. If the need for supervision arises, PTS will apply the provisions that then apply. PTS assumes that everyone affected by the new rules is working to adapt their operations. In the event of supervision, we will want to see just such an adaptation. The need for supervision in June and July depends on the development of events during the summer, which is something PTS cannot predict.