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The Telecommunications Board of Appeal

In November 1990, the Danish Parliament approved the first laws leading to full liberalization of the telecommunications market. A package of six liberalization laws took effect from July 1, 1996, and the Telecommunications Board of Appeal was established.

The Telecommunications Board of Appeal is created to be beyond Government instructions.


The Board consists of five members, each appointed for periods of four years.
The Board represents expertise in legal, financial and market related fields as well as telecommunications technology. The chairperson and the vice-chairperson must be law graduates.


Decisions made by the National Regulatory Authority (NRA), primarily the Danish Business Authority and the Danish Energy Agency, can be brought before the Board. Complaints regarding decisions made by the NRA must be submitted to the Board within four weeks. As far as it is possible, the decisions of the Board shall be made no later than three months after the date on which the complaints were submitted to the Board.


The decisions of the Board cannot be brought before other administrative authorities but can be brought to court within 8 weeks upon the reception of the Boards decision.

The Danish State defrays all expenses related to the activities of the Board. The expenses are covered by the number charges collected by the State from providers who have been or are being assigned numbers, number series or addresses by the NRA.

The Telecommunications Board of Appeal collects a fee of 4.000 DDK (about 530 €). The fee is refunded if the complainer wins the case fully or partly.

 

The types of disputes within the Board's sphere are many. The main part of the complaints concerns new legislation and may be seen as "tests" of the NRA's handling of authority in new areas, i.e. decisions concerning check-ups ordering the market players to change their behaviour towards competitors, decisions concerning the LRAIC-method, the issuing of radio frequencies, decisions concerning radio equipment and telecommunications terminal equipment and electromagnetic matters.


Over the years, the Board has given the Minister several recommendations about changing legal rules in different areas. The footprints of the Board are found in several sections in Danish telecommunications law.

 

The Telecommunications Board of Appeal is organised as part of the Danish Appeals Boards Authority, situated in the city of Viborg.