Where EETT finds a violation regarding the use of spectrum or antenna constructions, it takes the following actions:
- Spectrum Usage: The procedure for imposing administrative sanctions is activated, in accordance with Law 4727/2020, article 138. After a hearing, EETT may impose sanctions, such as a recommendation, a fine, suspension or revocation of the granted rights to use radio frequencies.
- Installation of antenna structures: An administrative fine of 10,000 to 350,000 euros is imposed following a hearing (Law 4635/2019, article 37(c)).
In addition to the above actions, which are the responsibility of EETT, in case of infringements regarding rights to use radio frequencies and/or the use of radio frequencies without prior assignment and illegal trading/use of terminal equipment and radio equipment (Law 4727/2020, article 138), the competent authorities impose prison sentence of at least 6 months and a fine. The upper limit of the fine is set at 360 daily units and the amount of each daily unit is set at 4,167 euros. The technical equipment and means used to commit the above criminal acts are seized and confiscated upon the issuance of an irrevocable decision of a criminal court.
EETT’s responsibilities are limited to the detection of illegal broadcasts and the communication of the findings to the competent investigative authorities. The investigative authorities have the power to terminate the illegal broadcasts and EETT assists, as an expert, in the specific procedures.
It must be pointed out that the following cases are punishable (Law 4635/2019, article 37):
- By a term of imprisonment of up to 3 years and a penalty payment between 4,000 euros and 50,000 euros:
- The installation of a radio signal transmission/reception station and antenna construction or antenna constructions in violation of the legislation and without the required authorizations/approvals as may be necessary.
- The use of a radio signal transmission station without authorization/concession for the distribution of electricity from the premises of another radio signal transmission/reception station operating with or without authorization.
- The concession of the antenna constructions to another party in order to install antenna systems without authorization (which may be required).
- Obstructing the competent bodies to carry out an inspection of the radio signal transmission/reception station and their facilities or providing incorrect information for the purposes of supervision.
In case of conviction, the revocation of the existing authorization, the immediate shutdown of the antenna system and the confiscation of the station’s equipment and its related facilities are ordered.
- A user who causes harmful interference, established by EETT, to another legal user or transmits without authorization in radio frequency bands that are not provided for the specific service in the National Frequency Zone Allocation Regulation (NFZAR) is sentenced to 3 years of imprisonment. In the case of the above violations, the existing authorization is revoked and the immediate shutdown of the antenna system may be ordered. Furthermore, the station’s equipment and related facilities are seized and confiscated by an irrevocable decision of the criminal court.
For the offenses of the above cases flagrante delicto proceedings are activated (according to article 242 of the Code of Criminal Procedure).