Decree No. 109 / 2023 Coll.
Decree on technical details, scope and method of providing additional services
Valid
Order
Effective from 01.07.2023
109
DECLARATION
of 5 April 2023
on the technical details, scope and method of providing the additional services
Pursuant to Article 150 (5) of Act No. 127 / 2005 Coll., on electronic communications and on the amendment of certain related laws (Act on Electronic Communications), as amended by Act No. 310 / 2006 Coll., Act No. 110 / 2007 Coll., Act No. 261 / 2007 Coll., Act No. 304 / 2007 Coll., Act No. 247 / 2008 Coll., Act No. 153 / 2010 Coll., Act No. 468 / 2011 Coll., Act No. 214 / 2013 Coll., Act No. 258 / 2014 Coll., Act No. 252 / 2017 Coll., Act No. 311 / 2019 Coll., Act No. 150 / 2021 Coll. and Act No. 374 / 2021 Coll., implementing Section 44 (9) of the Act on Electronic Communications:
Detailed breakdown of accounts
(1) A detailed breakdown of the accounts with a statement of the price including a breakdown of the use of the Internet access service and the use of the voice communication service (hereinafter referred to as the "schedule") submitted by the universal service provider (hereinafter referred to as the "provider") contains:
(a) the telephone number, if assigned to the service;
(b) an indication of the agreed price plan;
(c) the definition of the settlement period on the date of the first and last day of the settlement period;
(d) an indication of the time at which the status of the provider's recording equipment was taken over on the last day of the settlement period, unless the status was taken over at 24.00 hours;
(e) in the case of a voice communication service, a breakdown of the individual calls, unless a flat-rate price is charged for them in the specified settlement period, broken down:
1. the telephone number (s) to be called, or any other indication clearly identifying the call,
2. start of the call by indicating the date, hours and minutes,
3. the length of calls charged in specified unit of measurement,
4. the resolution of the operation to a strong, weak or, where applicable, different for each call, if the provider applies such distinction;
5. the resolution of calls according to the network in which the call is closed, if the call prices to those networks differ;
6. the price charged for a single call in Czech crowns, indicating whether it is a price with or without value added tax,
(f) in the case of the use of an Internet access service, a breakdown of the individual connections to the service, if they are not charged in the form of a flat-rate price in a specified settlement period, broken down by:
1. the date on which the connection started,
2. the volume of data consumed during connection, indicating the unit of measurement,
(g) information on the number of unused units transferred from or to the following settlement period, if transferred;
(h) the rate of value added tax where the supplier is a payer of value added tax;
(i) the total amount charged for all calls made pursuant to point (e) and the total amount charged for the total amount of data consumed pursuant to point (f) in Czech crowns in the defined settlement period and the sum amounts broken down by item of the price list in force, indicating the total amount excluding value added tax, value added tax and the total amount with value added tax;
(j) settlement of advances, overpayments or arrears;
(k) the date of payment of the amount charged;
(l) information on how the claim is to be applied, including where and within which time limits the claim may be applied;
(m) the date of termination of the contract commitment and the date on which the price plan or price is changed, if such a change in the price plan or price is agreed or took place in accordance with the procedure laid down in Section 63b (5) of the Electronic Communications Act; and
(n) where the bill includes the price for the package of services or the package of services and terminal equipment within the meaning of Section 63c of the Electronic Communications Act, information on which services and equipment are provided within the package.
(2) Where the schedule is issued for more than one connection, for more than one subscriber's station or for more than one telephone number, it shall include the items referred to in paragraph 1 (a) to (g) for each of these connections, participating stations or for each telephone number. Similarly, if multiple telephone numbers are used for one connection or a participating station, it shall be done.
Free selective blocking of outgoing calls, text messages or multimedia messages or other similar higher-rate applications
(1) The provider shall, on the basis of a consumer's request, make use of a service of free selective blocking of outgoing calls and sending premium text or multimedia messages, or, where technically feasible, access to other similar higher-rate applications
(a) all telephone numbers;
(b) the telephone numbers of the services, expressed in terms of price, with access codes 900, 905, 906, 908, 909 and 976;
(c) international telephone numbers,
(d) telephone numbers or types of numbers with a higher price than the normal call price and the normal price of text and multimedia messages sent, provided that these current prices are included in the agreed price plan.
(2) The provider will allow the consumer to apply the requirement to activate or deactivate the service free of charge
(a) in electronic form, at least one of the following:
1. in a web or mobile self-service application,
2. by setting up your phone using the service blocking codes,
(b) on the customer line; and
(c) in an establishment.
(3) The provider shall activate or deactivate the services referred to in paragraph 1 within 1 working day from the date of application by the consumer. The provider shall inform the consumer without delay that the service has been activated or deactivated in a way that has been agreed with the consumer.
Subscription systems
(1) The provider will allow the consumer to pay for the services of access to the public communications network, the use of Internet access and the use of voice communication services by way of pre-payment. The provider shall inform the consumer of this possibility of payment of the services before the conclusion of the contract.
(2) The payment of services by way of subscription shall be granted by the provider from the beginning of the contract with the consumer or during the duration of the contract, upon agreement of that form of payment on a proposal from the consumer.
(3) The provider shall provide information on the status and conditions of the subscription for payment of services in a way agreed with the consumer when concluding the service contract referred to in paragraph 1 to the extent that:
(a) the amount of the subscription and the date of its composition;
(b) the amount of each individual amount paid from the subscription;
(c) the current subscription balance.
(4) Where the provider applies conditions limiting the validity of subscriptions, it shall indicate them in a contract concluded with the consumer.
(5) The provider shall draw the consumer's attention to the expiry of the subscription period on time, not later than 7 days before the expiry of the subscription and to the exhaustion of the subscription for communications agreed with the consumer when the service contract referred to in paragraph 1 is concluded.
(6) The conditions laid down in Section 34 (10) of the Electronic Communications Act shall apply mutatis mutandis to the reimbursement of the balance of the subscription in the event of termination of the contract for the use of the service for a reason other than the switch of the consumer to another provider.
Sequential payment of the connection price
(1) The provider will allow the consumer to repay the agreed price for connection to the public communications network in the event of the creation of a justifiable need for a gradual payment of the price on grounds of higher than normal costs of connection to the public communications network, which are mainly related to the completion of the communication network when the service is set up or transferred.
(2) The details of the gradual payment of the price for connection to the public communications network shall be agreed by the provider with the consumer in the schedule of instalments containing:
(a) the total amount for connections which are not higher than the total costs effectively incurred for establishing the connection to the public communications network and the total repayment period;
(b) the amount and maturity of each instalment which may not exceed in each month:
1. 5% of the average gross monthly wage for the last calendar year for which the value is available in the region in which the service referred to in paragraph 1 is set up, provided that the price of connection to the public communications network does not exceed such an average gross monthly wage, unless the consumer requests, after a demonstrable instruction by the provider, that amount of repayment is higher;
2.10% of the average gross monthly wage for the last calendar year for which the value is available in the region in which the service referred to in paragraph 1 is set up, provided that the price of connection to the public communications network is equal to or exceeds that average gross monthly wage, unless the consumer requests a higher amount of payment from the provider after a demonstrable instruction.
(3) In addition, the provider shall agree with the consumer the following conditions for the gradual payment of the price for connection to the public communications network:
(a) the method of providing information on the progress of repayment of the amounts due, in particular the amount of the balance remaining to be paid or the possibility of obtaining such information;
(b) conditions relating to the delay in payments;
(c) the conditions for reimbursement of costs effectively incurred by the provider for establishing the connection to the public communications network in the event of the withdrawal of the consumer from the requirement to establish the connection to the public communications network after the conclusion of the contract.
Advice on tariffs
(1) The provider will allow the consumer to apply, free of charge, information requirements on alternative more cost-effective offers at least through the customer line and at the establishment.
(2) The provider shall recommend to the consumer alternative offers of services provided by it which are more cost-effective to consumers than the services used by it, if any, on the basis of the identified consumption of services used by the consumer over the last 3 calendar months or on the basis of information on the consumption of services from the consumer.
Cost control
(1) The provider shall notify the consumer, free of charge, in the event of unusual or excessively increased use of the services referred to in Article 38 (2) (a) and (b) of the Electronic Communications Act during the settlement period affecting consumer expenditure, in a way for communication agreed upon when the service contract was concluded.
(2) The provider will allow the consumer to control expenditure free of charge if they are charged on the basis of the volume of units consumed or the time of the connection within the accounting period, by means of:
(a) setting the financial limit for sending notifications when it is reached;
(b) setting the percentage of the financial limit referred to in (a) for sending notifications when it is reached;
(c) to provide access to consumer billing through a web or mobile self-service application in the event of termination of a contractual relationship for as long as the complaint of the services charged can be invoked.
(3) The provider will allow the consumer to control costs when using publicly available electronic communications services free of charge
(a) in a web or mobile self-service application;
(b) on the customer line; and
(c) in an establishment.
Deactivation of third party accounts
(1) The provider will, on the basis of the consumer's request, allow the possibility of discharging services provided by third parties by blocking payments for goods and services provided by third parties by means of direct invoicing by the provider on the basis of the consumer's instructions given by the text message, call or Internet, for example in a web or mobile self-service application.
(2) The arrangements for the deactivation of third-party accounts shall not apply to services the blocking of which may take place in the scope and manner referred to in Article 2.
(3) The provider shall allow the consumer to apply the requirement to deactivate or activate third party accounts free of charge
(a) in a web or mobile self-service application;
(b) on the customer line; and
(c) in an establishment.
(4) The provider shall activate or deactivate the services referred to in paragraph 1 within 1 working day from the date of application by the consumer. The provider shall inform the consumer without delay that the service has been activated or deactivated in a way for communication with the consumer when the service contract is concluded.
Repeal
Decree No. 134 / 2012 Coll., on determining the scope of the price entry bill, is deleted.
Efficacy
This Decree shall take effect on 1 July 2023.
President of the Council of the Czech Telecommunications Office:
Ebert v. r.
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Regulation Information
| Citation | Decree No. 109 / 2023 Coll., on technical details, scope and method of providing additional services |
|---|---|
| Regulation Type | Order |
| Author | - |
| Collection | Code of Laws |
| Date of Promulgation | 21.04.2023 |
|---|---|
| Effective from | 01.07.2023 |
| Effective until | - |
| Status | Valid |
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