I've taken the MSWD document, crudely translated it into HTML, and placed
it here (a text copy is attached below):
http://www.politechbot.com/docs/bosnia.isp.license.022102.html
-Declan
---
Date: Fri, 22 Feb 2002 01:02:54 +0500
To: [EMAIL PROTECTED]
From: Robert Horvitz <[EMAIL PROTECTED]>
Subject: ISP licensing issues in Bosnia-Herzegovina
Dear Mr McCullagh,
On 5 February 2002, Bosnia-Hercegovina's Communications Regulatory
Agency (CRA), released the draft text of new licensing regulations
for Internet Service Providers (ISPs). The text contained several
unwelcome surprises. Perhaps most unwelcome is Paragraph 5.2,
which says, according to the official English translation:
"5.2. The LICENSEE shall ensure that objectionable, obscene,
unauthorised or any other content, messages or communications
infringing copyright and international & domestic regulations
on Internet and public communications, in any form are not
carried in his network."
This license condition would seem to make ISPs responsible for
monitoring and blocking all "objectionable" or "unauthorized"
content passing through their system, in real-time - including
even email messages sent between individuals, and data in transit
between senders and receivers outside the country. No definitions
are provided for the vague terms "objectionable" and "unauthorized."
Holding ISPs fully and instantly responsible for all content
carried by their network is of course contrary to the norms of
most other countries. Nearly everywhere else, the person who is
responsible for removing offensive content is the person who put
it online.
It was even surprising that the CRA wants to license ISPs. Last
autumn, the CRA's previous head told the BA ISP Association that
CRA would only require a general authorization. That would be
consistent with the European Union's Licensing Directive
(1997/13/EC), as well as the more recent EU "Proposal for a
Directive on the authorization of electronic communications
networks and services" [12 July 2000].
The final draft of the ISP license text is supposed to be presented
to the CRA Council at its meeting in March 2002 - despite that fact
that the Bosnian public, which will bear the brunt of the cost of
implementing the content-monitoring requirement, as well as the
loss of privacy rights - is still largely unaware of what is at
stake. Indeed, right after the draft license text was released, a
CRA employee in Mostar wrote an article for Europemedia.net assuring
eveyone that "the CRA has only been given authority over the
technical aspects of the internet, not over content-related issues..."
(see http://www.europemedia.net/shownews.asp?ArticleID=8307)
CRA was created by the Office of the High Representative in BiH,
under a mandate from the Peace Implementation Council, which is
dominated by the NATO countries. As a result, CRA is rather more
sensitive to foreign influences than most regulatory agencies.
But it remains to be seen if any pressure, either at home or from
abroad, can induce them to modify the draft ISP licensing text
before it is approved in March.
Contact information for the CRA can be found at
http://www.cra.ba/English/contacts.htm
The full text of the draft ISP license (in English) is attached to
this message.
Yours truly,
Robert Horvitz (formerly, [EMAIL PROTECTED])
=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=
Robert Horvitz E-mail: [EMAIL PROTECTED]
Manager, Central/Eastern Europe [EMAIL PROTECTED]
Global Internet Policy Initiative [EMAIL PROTECTED]
Slavikova 11 Tel/fax: (+420 2) 22726807
120 00 Praha 2, Czech Republic HTTP://WWW.GIPIPROJECT.ORG/
---
[Below is my cut-and-paste copy of the MSWD file, also available at the URL
above. --Declan]
Pursuant to the Decision of the High Representative of 2 March 2001
Combining the Competencies of the Independent Media Commission and the
Telecommunications Regulatory Agency, and to Article 6 (a) of the Law on
Telecommunications (Official Gazettes of Bosnia and Herzegovina Nr. 10/99),
the Communications Regulatory Agency, body responsible to perform
regulatory functions in the field of communications in Bosnia and
Herzegovina, ....../ ......./ 200.. has awarded the following:
LICENCE
FOR INTERNET SERVICE PROVIDER
To
[Licensee]
1 DEFINITIONS
All expressions used hereinafter shall have the meaning:
AGENCY means the Communications Regulatory Agency (CRA) established by
Decision of the High Representative of 2 March 2001 Combining the
Competencies of the Independent Media Commission and the Telecommunications
Regulatory Agency;
Licence means a licence text defined and awarded by the AGENCY
Licensee means legal entity that has been awarded Licence for providing the
Service.
ISP means Internet Service Provider Licensed to provide Internet Service
under conditions defined by Licence.
Internet means a global information system that:
- is logically linked together by a globally unique address, based on
Internet Protocol (IP) or its effective sucessors;
- is able to support communications using the Transmission Control
Protocol/Internet Protocol (TCP/IP) suite or its effective sucessors, and
all other IP compatible protocols; and
- provides, uses or makes accessible, either publically or privately, high
level services layered on the communications & related infrastructure.
The RIPE NCC means the RIPE Network Coordination Centre (NCC) as an
International institution responsible to ensure the fair distribution of
global Internet resources in the RIPE NCC service region required for the
stable and reliable operation of the Internet what includes the allocation
of Internet (IP) address space.
Domain Name Domain names registered in RIPE NCC and represents a unique
alpha-numeric designation to facilitate reference to the sets of numbers
that actually locate a particular computer connected to the global
information network;
IP Addresses: Internet Protocol Addresses which is 32 bit or 128 bit binary
address organised in dotted octet, four sets of numbers separated by dots,
used to unique identify network or server with network application
Service means Internet Service such as Internet Access Service, Store &
Forward Services, Remote Host Login, Electronic Mail using TCP/IP, File
Transfer and Information Discovery Services e.g. Gopher (Indexed File
Transfer, Worldwide Web (WWW), etc.
Operator means any person who is authorised by the Agency to run a Relevant
Connectable System.
Applicable Systems: The "applicable system" means all the necessary
equipments or systems engineered to provide Internet Service to the
appropriate operational, technical and quality requirements and other terms
and conditions of the Licence agreement and as may be laid down in the
AGENCY rules.
Connectable System means a telecommunication system which is authorised to
be run under a Licence which authorizes connection of that system to the
applicable System;
Subscriber means any person or legal entity that avails the service from
the Licensee.
"Value Added Service": Value Added Services are services which add value to
the basic telecom services and bearer services for which separate Licences
are issued.
Validity of the Licence means the period for which this Licence is
effective and operative.
2 SCOPE OF LICENCE
2.1. The Communications Regulatory Agency (the AGENCY) does, hereby, grant
Licence to establish, operate and maintain Internet Service (the "Service")
in Bosnia and Herzegovina, on the terms and conditions established by this
Licence.
2.2. the AGENCY reserves the right to modify at any time the terms and
conditions of the Licence hereto, if in the opinion of the AGENCY it is
necessary or expedient to do so in the interests of the general public or
for the proper conduct of telecommunications or on security
consideration. In all cases, the AGENCY decision is final and irrespective
of conditions defined in Licence
2.3. The AGENCY reserves the right to suspend or terminate the Licence in
the event of an emergency situations or any other eventuality in public
interest.
3. VALIDITY OF LICENCE
3.1. Initially the Licence is granted for a period of 10 years.
3.2. Requests for extension shall be made 6 months before expiry date with
respect of the date stated in paragraph 16 of this Licence. If no request
for extension is received by then, the Licence shall automatically stand
terminated as per due date. The Licence shall be extended normally under
the conditions defined by AGENCY. AGENCY shall extend or refuse extension
of the Licence on a request received by it. The decision of the AGENCY
shall be final in the matter.
3.3. If the Licensee is to surrender the Licence, it shall give an advance
notice of 30 days to the AGENCY to this effect. The Licensee shall also
intimate its subscribers of consequential withdrawal of service by serving
a 30 days notice to them.
3.4. If at any time, during the continuance of this licence, the
performance in whole or in part, by either party, of any obligation under
it is prevented or delayed, by reason of war, rebellion, turnout, fire,
flood or any such event will not be understand as violation of the Licence
obligation, if is given notice to Agency about Force Majeure. Continuation
of provision of licensed service shall be resumed as soon as practicable,
after such event comes to an end or ceases to exist.
4. RESPONSIBILITY
4.1. The Licensee shall respect all restrictions in the provision of
services as defined by this Licence.
4.2. The Licensee shall respect all parameters of Service quality as and
when defined by the AGENCY.
4.3. The Licensee shall be solely responsible for the installation,
networking and operation of necessary equipment and systems, issue of bills
to its subscribers as well as treatment of the subscribers' complaints.
4.4. The Licensee is responsible for provision of all needed
infrastructures involved in providing the Service compatible with the
equipment of other Service providers.
4.5. The Licensee shall clearly indicate the specifications of the Service
to the subscribers at the time of entering into contract with such subscriber.
4.6. It will be the responsibility of the Licensee to obtain its own IP
address, domain name etc. from competent bodies.
4.7. The Licensee shall provide the service in Bosnia and Herzegovina to
any individual or legal person without any discrimination and in accordance
with his technical possibilities.
4.8. The Licensee shall plan and provide, operate and maintain the Licensed
service meet the appropriate quality standards as may be defined by Agency.
5. SERVICE STANDARDS
5.1. The LICENSEE shall warrant that Services to be provided by him shall
be of the acceptable grade, consistent with the established and generally
accepted standards as may be defined in accordance with paragraph 4.8
above. The LICENSEE shall be responsible for repair of defects and making
good any degradation in the Service during the currency of the Licence.
5.2. The LICENSEE shall ensure that objectionable, obscene, unauthorised or
any other content, messages or communications infringing copyright and
international & domestic regulations on Internet and public communications,
in any form are not carried in his network.
6. LIMITATIONS
6.1. Internet telephony, Video telephony or Video conferences as commercial
services are not permitted under the terms of this Licence. If the Licensee
is found to be offering such services for commercial gain then the Agency
shall take appropriate action including but not limited to termination of
the licence.
7. LEASED LINES AND INTERCONNECTION
7.1. The Licensee may obtain the transmission links on lease from any other
Operator authorised to lease such lines to third parties. The Licensee may
also establish its own transmission links for carrying traffic related only
to his service within Bosnia and Herzegovina, and subject to permission of
AGENCY. Such permissions include but are not limited by the applicable
provisions of the Rules on Interconnection and also that on Leased Lines.
8. LICENCE FEE
8.1. The Licensee shall pay to the AGENCY fees for work related to the
Licence in the amounts and ways described below:
1) Fee for the processing of the application - once 500KM
2) Fee for the right to use the Licence annually 4000KM
8.2. The Licence Fee shall be paid in advance on yearly basis and on the
payment form issued by the AGENCY.
8.3. The AGENCY reserves the right to review the Licence fee at it's
discretion at any time during the validity of the Licence. The AGENCY may
not increase the Licence fee with retroactive effect. The increased Licence
fee as may be decided by the AGENCY shall not implement for the paid fee
but shall implement to the unpaid fee.
9. TARIFFS
9.1. The LICENSEEs will be free to fix their own tariff to be charged from
subscribers. The tariff shall be left open to be decided by market forces.
The Licensee shall intimate the AGENCY, the tariff for the service to be
charged from its subscribers and any changes thereof, at least 10 days
prior to its implementation. Such notices shall also be issued to the
LICENSEE customers in advance of any change to tariff
10. REPORTS AND INFORMATION
10.1. As and when requested by AGENCY, the Licensee shall deliver a copy of
each of the accounting statements, pricing list of the Services as well as
other technical and financial information not later than 15 days after the
issuing of the request.
11. LIMITATION OF THE AGENCY LIABILITY
11.1. In the case of dLicenseeute arising between Licensee and other
parties due to non observance of rules and regulations by the Licensee as
provided in this Licence, the AGENCY will have full powers to take any
action against Licensee as is provided in the relevant clauses of this
Licence and in accordance to AGENCY Procedure.
11.2. In case of any complaint or dLicenseeute with regard to the Service
from any subscriber of the service, such complaint or dLicenseeute shall be
a matter between such subscriber of the service and the Licensee only.
12. REVOCATION, TERMINATION AND SURRENDERING OF LICENCE
12.1. The AGENCY may from the reasons stated in this Licence revoke the
Licence by giving a written notice of 30 days after affording a reasonable
opportunity to the Licensee to make representations.
12.2. The AGENCY, may, without prejudice to any other remedy for breach of
conditions of Licence, by written notice of 30 days, issued to Licensee at
its registered office, terminate this Licence in whole or part under any of
the following circumstances:
i. if the Licensee fails to commission or deliver the service within the
time period(s) specified in the Licence or in any extension thereof, if
granted by the AGENCY.
ii. if the Licensee fails to perform any other obligation(s) under the
Licence including remittance of timely payments of Licence fee due to the
AGENCY.
iii. if the Licensee does not rectify the failure within a notice period of
30 days or during such further period as the AGENCY may authorise in
writing in this regard.
12.3. The AGENCY, may at any time terminate the Licence by giving written
notice of 30 days to the Licensee without compensation to him, if the
Licensee becomes bankrupt or otherwise insolvent, provided such termination
shall not prejudice or affect any right of action which has accrued or will
accrue thereafter to the AGENCY. The right of termination will arise on the
Licensee being adjudicated or applying for being adjudicated as bankrupt.
13. RIGHT TO INSPECT
13.1. The AGENCY, or its authorised representative shall have the right to
inspect the sites to which and where from the services are extended.
14. RIGHT TO PENALTY
14.1. AGENCY reserves the right to, in case of a default of any of the
terms and conditions stipulated in the Licence, impose any penalty as it
may deem fit under the provisions of this Licence or applicable rules by
the Agency.
15. PROHIBITION TO TRANSFER
15.1. The Licensee may not transfer its rights in any manner whatsoever to
any other party or enter into any agreement for sub-Licence and/or
partnership relating to any subject matter of the Licence to any third
party either in whole or in part without prior endorsement by AGENCY
16. ENTERING IN THE FORCE AND DURATION
16.1. This licence entering in the force by the date: ��./��../200� with
duration until ��./��../200�
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