Act No. 110 / 1964 Coll.

Telecommunications Act

Valid Effective from 01.07.1964
110
THE LAW
of 5 June 1964
on telecommunications
Therefore, the National Assembly of the Czechoslovak Socialist Republic decided on this law:

Oddíl I

Telecommunications equipment, telecommunications network and telecommunications services
§ 1
(1) The establishment and operation of telecommunications equipment and the provision of telecommunications services may be carried out only on the basis of a permit or mandate issued by public authorities under this Act, unless the law expressly provides that such authorisation or mandate is not necessary.
(2) The State decides on the establishment and operation of:
(a) transmission routes for the transport of all kinds of information by means of telecommunications equipment, other than one-way radio and television programme distribution equipment after the lead;
(b) telephone service facilities;
(c) broadcasting radio equipment of radio and television equipment for the transmission of operators from the Act No. 1)
(3) The establishments referred to in paragraph 2 shall establish and operate legal persons entrusted with this task by the competent authority of the State Telecommunications Administration under this Act (hereinafter referred to as "the Organisation of Communications').
(4) For the purposes of this Act,
(a) telecommunications equipment is equipment for transmitting, transmitting and receiving information of any kind after guidance, radio, optical and other means using electromagnetic waves;
(b) the telecommunications network is a set of telecommunications equipment which allows the transmission of information between the end points of the network;
(c) the network termination point is the technically specified interface between the telecommunications network and the connected equipment or the interface between two telecommunications networks. The details of the network termination point are laid down in general binding legislation,
(d) telecommunications services are services the provision of which consists wholly or principally of the transport of information by means of telecommunications equipment;
(e) the telephone service is a telecommunications service for the public, which consists in ensuring the transport of spoken speech in real time between the end points of the telecommunications network;
(f) telecommunications services are telecommunications services, establishment, change, renewal, maintenance and operation of telecommunications equipment.

Oddíl II

Single telecommunications network and network organisation
§ 2
(1) The single telecommunications network is a telecommunications network intended for the needs of natural and legal persons; it is composed of a remote and local network. The details of the remote and local networks are laid down in general binding legislation. The single telecommunications network shall include the equipment referred to in Paragraph 1 (2), as well as the telecommunications equipment for the provision of telegraph and telex services; it does not belong to an establishment established and operated under Section III of this Act.
(2) The single telecommunications system is a set of all telecommunications networks in the territory of the Czech and Slovak Federal Republic.
(3) Communication organisations establish and operate part of a single telecommunications network as defined in the mandate. The terms of reference shall be laid down in the terms and conditions for the establishment and operation of the single telecommunications network and the type and scope of the services it is obliged to provide to the public.
(4) Telecommunications equipment set up outside a single telecommunications network may be integrated into a single telecommunications network provided that it is particularly technically and operationally competent. The conditions and procedure for such inclusion shall be laid down in an agreement between the person who transmits those facilities and the hosting organisation of the links. The agreement may also provide, by way of derogation from general price regulations, fees or charges for telecommunications performance provided by the service organisations.
§ 3
(1) Communication organisations provide national and international telecommunications through a single telecommunications network. For the performance provided, the service organisations shall collect the specified remuneration.
(2) Telephone, telegraphic and telex contact shall take place by providing telephone calls, receiving, transporting and supplying messages (images, etc.) to subscribers, telephone and telex devices (subscribers' stations) and, where appropriate, other telecommunications equipment such as devices, circuits, etc.
(3) The central management of connections ensures availability, economy, speed and reliability of telephone and telegraph communications, the secrecy of messages transmitted, in particular by consistently introducing new technology, especially automation, extends the number of subscriber stations and other facilities (public call stations, public stations and vending machines) intended primarily for telecommunications contact of the population.
(4) Communication organisations are required to maintain telecommunications equipment of a single telecommunications network in a state capable of reliably meeting users' needs.
(5) The central management of communications sets out the conditions for the use of a single telecommunications network for telecommunications, for the establishment and use of telephone and telex subscriber stations and radio subscriber stations, the conditions for the entrustment of other telecommunications equipment (branch switchboards, circuits, etc.) to subscribers and the conditions of other performance provided by the network organisations through a single telecommunications network.
(6) If malfunctions occur on the entrusted (participating) telecommunications equipment, the organization of connections shall remove them with acceleration. If there is a failure in time reported, for which the user is not responsible and which makes it impossible to use the equipment for longer than the period defined in the implementing rules, the user shall be entitled to reimbursement of the payments paid.
(7) Organisations of connections are entitled to refuse the provision of performance (disconnect the entrusted equipment or, if necessary, cancel the participation ratio) to the person who is grossly in breach of the specified conditions or does not pay the specified remuneration.
(8) The organisation of connections is required to ensure that the reception of radio and television programmes of operators can be expanded effectively by law.
(9) The central management of connections may restrict the operation of a single telecommunications network from an important public interest.
(10) Reports whose content may jeopardise the security of the State or its important economic interests or which otherwise contravene the laws shall be excluded from transport.

Oddíl III

Telecommunications equipment and telecommunications services outside a unified telecommunications network
§ 4
(1) Only approved equipment may be connected directly or indirectly to the termination point of the single telecommunications network. The method, conditions and procedure for verifying, approving and connecting such equipment shall be laid down in a generally binding legislation.
(2) The establishment, modification, renewal and maintenance of equipment connected to a single telecommunications network may only be carried out by a natural or legal person authorised to do so by an authority competent under this law (hereinafter referred to as the "authorising authority"). The conditions for granting such authorisations shall be laid down in general binding legislation.
(3) Telecommunications services, other than telephone services, may be provided by a natural or legal person authorised by the authorising authority. The authorisation shall lay down the conditions for such action. In particular, proof of the ability to provide the required telecommunications service within the prescribed scope and quality is a condition for granting authorisation. In particular, the authorisation shall lay down the conditions for the operation of the service to ensure its general availability, its cooperation between different operators in the territory of the State, as well as international cooperation and the conditions and methods of security as well as verification of the technical competence of the telecommunications equipment used.
(4) Equipment for the one-way distribution of radio and television programmes after management can only be established and operated on the basis of an authorisation granted by the authorising authority.
(5) In justified cases, the authorising authority may, exceptionally and under the conditions laid down by it, authorise the establishment and operation of the facilities referred to in points (a) and (b) of Paragraph 1 (2), even outside the single telecommunications network.
(6) If the authorisation is cancelled for any reason and if the corresponding telecommunications equipment of the coupling organisation is not exceeded, the existing operator of the installation is obliged to place the installation in a state excluding its further use. If it does not do so, it may carry out the necessary measures authorising the authority to carry out its tasks.
(7) Authorised telecommunications equipment may, for urgent reasons without payment, be used by connection organisations, military administration or authorities of the Ministry of Interior; where the operator of the installation provides personal actions, it shall be liable for appropriate compensation.
§ 5
(1) Authorisation for the establishment and operation of radio broadcasting stations shall be granted by the authorising authority if:
(a) the satisfaction of the justified needs of mobile services, provided that the stated objective cannot be attained by a single telecommunications network and that there is a free frequency for the required connection;
(b) broadcasting radio stations of fixed services, unless the objective pursued can be achieved by a single telecommunications network, or by wire or optical means;
(c) amateur radio broadcasting stations serving technical self-education and study;
(d) broadcasting equipment for radio and television, provided that the operator has been authorised to disseminate radio or television programmes and that the equipment is established in accordance with the radio and television frequency plan, 2)
(e) broadcasting radio stations operated for the development, production, maintenance, repair and demonstration of radio stations;
(f) broadcasting radio stations of representative offices of foreign States, subject to the approval of the Federal Ministry of Foreign Affairs and subject to reciprocity;
(g) other radio broadcasting equipment which is not used for the purpose of communication, where the specific circumstances of their use justify it.
(2) On the basis of international agreements and subject to reciprocity, broadcasting radio stations may also be operated or stored on the basis of an authorisation issued by the competent foreign authorities.
(3) The central management of the links shall specify when specific competence is required for the use of radio stations and which, as well as how such competence is acquired, demonstrated and certified.
(4) Broadcasting radio stations, including incomplete radio stations, where a valid permit has not been issued for their establishment and operation, or where they are not held by organisations or persons authorised under this Act to establish and operate them without authorisation, may be retained only on the basis of an authorisation issued by the authorising authority. This authorisation is not necessary for broadcasting radio stations which retain their authorised manufacturers.
(5) Unless otherwise specified in the preceding paragraphs, the provisions of Section 4 shall apply to radio broadcasting stations.
(6) The conditions for granting the authorisation referred to in paragraph 1 shall be laid down in general binding legislation.
§ 6
(1) The right to establish and operate telecommunications equipment and telecommunications networks without authorisation outside a single telecommunications network under this Act shall have:
(a) bodies of the Federal Ministry of Defence and Military Administration for military purposes;
(b) the authorities of the Federal Ministry of the Interior, the Federal Security Information Services and the ministries of the Interior of the Republic for security purposes,
(c) Czechoslovak State Railways in Rail Transport,
(d) the organisation of the radio safety and communication service, with the exception of radio stations on aircraft;
(e) the organisation of energy management, security and automation of the electricity system.
(2) Telecommunications equipment and telecommunications networks of the Czechoslovak State Railways and organisations entrusted with the security and communication radio communications service can also provide public performance in railway stations, trains and aircraft in agreement with the association.
(3) The authorisation under this Act is not necessary for the establishment and operation of telecommunications equipment and networks within buildings or on continuous land of the same user, or on land of the same user divided by one or more parallel public roads, unless radio equipment is concerned. Such telecommunications equipment and networks may be subject to State control of telecommunications and to state technical supervision in the field of telecommunications on the safety and reliability of telecommunications equipment (§ 19 (2)). However, authorisation shall be required if such facilities and networks are to be connected to a single telecommunications network or to telecommunications and other operator's networks or cross national borders.
(4) No authorisation is required for the establishment and operation of:
(a) radio equipment with very low power operating on dedicated frequencies;
(b) industrial television equipment with cable modulation, even if public roads or foreign land are temporarily used;
(c) receiving radio equipment.
(5) The conditions for the establishment and operation of the equipment referred to in paragraph 4 shall be laid down in general binding legislation.
§ 7
No authorisation is required for the use of radio and television receivers.

Oddíl IV

Reimbursements for the use of telecommunications equipment
§ 8
(1) Anyone who uses single telecommunications networks or telecommunications performance or to whom the communication organisations establish, entrust to the use or, where appropriate, maintain telecommunications equipment shall be obliged to pay the specified fees or fees.
(2) Without payment, only reports shall be sent to avert the consequences of natural disasters and environmental accidents, to save human lives, to threaten the safety of the state, to urgent reports on infectious diseases or in the event of serious traffic failures, to service reports of the State authorities of the connections or other reports which have been granted this advantage by a generally binding legislation.
(3) Those who have failed to comply with the conditions laid down for the use of the single telecommunications network, in particular those who have used telecommunications equipment unjustly, shall pay the service organisation compensation which may be fixed by a lump sum, unless it is possible to ascertain precisely the duration or extent of the unauthorised use.
(4) Fees may be levied for the authorisation to establish and operate telecommunications equipment pursuant to Sections 4 and 5. These charges, determined taking into account the purpose and scope of the equipment, shall be declared by the Central Management of Communications. The provisions of the preceding paragraph shall apply mutatis mutandis.
(5) The responsibility of communication organisations to users of telecommunications performance and equipment shall be limited to the obligation to promptly eliminate the defect and to return the payments paid, or fees, in accordance with the principles set out in the conditions for use of the single telecommunications network. As regards the mutual relationship of cooperation and responsibility between the Central Communications Administration and the Czechoslovak Television and between the Central Communications Administration and the Czechoslovak Radio, there is a special regulation on the basis of contracts between these organisations.
(6) The right to reimbursement of the payments or fees referred to in the preceding paragraph shall apply without undue delay to the organisation of the links; If it has not been exercised within six months of the date of occurrence of the failure or failure in enforcement, the right shall cease.

Oddíl V

Protection of telecommunications
§ 9
(1) The single telecommunications network, its equipment and its operation are protected against threats, damage and harmful interference by other facilities or activities.
(2) All telecommunications equipment outside the single telecommunications network shall be established and operated in such a way that it does not adversely disturb the equipment of the network, in particular the radio communications equipment.
(3) Machinery, apparatus and equipment for the use of which high-frequency energy is generated should also be produced, adapted and operated, where appropriate, so as not to interfere with the operation of a single telecommunications network. Producers, importers and, where applicable, owners and users of such machinery, apparatus and equipment shall, where practicable, acquire the necessary jamming equipment for their cargo.
(4) Manufacturers of machinery, apparatus and equipment and users of such equipment on importation are required to demonstrate to the authorities entrusted with the Federal Ministry of Communications that the high-frequency energy generated by their operation does not exceed the level which would cause interference with the operation of the single telecommunications network and other telecommunications equipment.
(5) If there is a threat, interference or damage to the single telecommunications network, the owner (user) of the harmful installation or operator of the harmful activity shall take appropriate protective measures. If this is not feasible, or if it is more economical or more efficient to implement protective measures on vulnerable telecommunications equipment, it shall be carried out by its operator. In the event of failure to comply with the conditions laid down for the establishment or operation of a harmful installation, the costs of protective measures shall be borne by the operator of that installation; otherwise the cost shall be borne by the owner (user) of the equipment later established or modified, unless otherwise provided for in the planning rules.
(6) If, within a reasonable period of time, no threat, interference or damage is removed, the Central Management of Communications, or the authority designated by it, may order that the defective equipment be put out of service or prohibit harmful activities. The approval of the competent authority's superior shall be required for the decommissioning or cessation of the operation of an establishment relevant to the national economy or the security of the State.
(7) A natural or legal person who, in the course of his business, causes damage, threats and harmful disruption to the equipment of a single telecommunications network is obliged to pay a fine of up to 200 000 CZK in addition to compensation for the damage caused. The determination of the amount of the fine shall take account of the gravity, manner, time and consequences of the infringement. The fine may be imposed within one year of the date of the finding of the infringement, but no more than three years from the date of the infringement.
(8) The authorities responsible for the Central Communications Administration shall identify the sources of the threat, damage or disruption to the operation of the single telecommunications network and, where appropriate, other telecommunications equipment (in particular radio and television reception) and shall issue binding orders to remedy the defects. To this end, their personnel, who are duly demonstrated, are entitled to enter foreign property, plant and buildings, to require reports and to check equipment which may cause defects; while maintaining the operational and safety rules applicable to such equipment.
(9) The provisions of the preceding paragraphs shall apply mutatis mutandis to telecommunications equipment operating outside the single telecommunications network referred to in Article 6 (1), to telecommunications equipment authorised pursuant to paragraphs 4 and 5, to radio and television receivers and to technical equipment necessary for the creation of a broadcast signal in radio and television centres or at transmission points.
§ 10
(1) The provisions on the protection of telecommunications against threats, interference and damage apply to the coexistence and crossing of telecommunications equipment with all kinds of lines, communications, water-based components and other equipment, as well as to the interrelationship of telecommunications equipment (networks).
(2) In order to limit the adverse impact of power lines on telecommunications equipment, planned power lines must be discussed in the framework of the approval procedure under the regulations on construction with connection organisations to implement the necessary protective measures.
(3) Construction workers (investors) or, where appropriate, general designers of buildings, water works or facilities, the implementation of which is linked to the land works, are required, in the framework of the approval procedure under the construction rules, to provide evidence of an application for a decision on the location of the construction site and for a building permit or other similar authorisation by expressing the relevant organisation of connections, energy, military administration and authorities of the Ministry of the Interior on the existence of underground telecommunications lines in the construction site (route). General designers of these buildings are required to draw all telecommunications lines into the project documentation.
(4) The authorities responsible for issuing land-based decisions, building permits or other similar permits in the construction process shall lay down the conditions for the protection of telecommunications networks, in particular lines located underground or in watercourses.
(5) Organisations or persons, as the case may be, who will carry out the work authorised under the preceding paragraph, are required to take all measures to ensure that the telecommunications lines are not damaged by construction works.
(6) The organisations (authorities) in which telecommunications networks are managed are required to keep records of such networks, in particular underground cables, and to communicate to the competent authorities and organisations the data needed to carry out the tasks referred to in the preceding paragraphs.
§ 11
(1) Telecommunications equipment may be protected by protection zones in which, to the extent provided for by the implementing rules, the construction, installation, treatment of the surface and the crops are prohibited or restricted, which could endanger the telecommunications equipment and its smooth, safe and uninterrupted operation. In the same way, certain activities in or near the protection zones may be prohibited or restricted.
(2) The protection zones shall, on a proposal from the organisation of connections, military administration or authority of the Ministry of Interior, be defined by a national committee which exercises the responsibility of the zoning authority; In particular, it shall ensure that the agricultural and forestry fund is protected.

Oddíl VI

Use of real estate for telecommunications
§ 12
(1) It is for the public interest to authorise the following services:
(a) establish and operate on foreign real estate telecommunications lines above and below ground including the necessary support and outlaying points;
(b) enter and enter to the extent necessary in the design, establishment, operation, repair, modification or removal of telecommunications equipment for foreign real estate;
(c) to make the necessary adjustments to the land and its land, in particular to remove and clean up tree-hampering telecommunications lines.
(2) The organisation of the connections shall notify the owners or users of the properties concerned without delay before the authorisation referred to in the previous paragraph begins. If there is a dispute between the owners or users of the properties concerned and the organisation of the links on the scope of the authorisation, the organisation of the links shall present a dispute to the building authority.
(3) The authorisations referred to in paragraph 1 shall be material burdens on the property concerned and shall not be entered in the property register.
(4) Where the exercise of an authorisation referred to in paragraph 1 limits the use of the property, its owner or lessee shall be granted adequate compensation.
(5) If the owner or the lessee and the association of the links fail to reach an agreement on the refund referred to in paragraph 4, the court shall decide upon his request.
(6) The request referred to in paragraph 5 shall be made within 12 months of the date on which the restriction on the use of the property took place, otherwise the claim shall cease.
(7) After carrying out the necessary work on telecommunications equipment, connection organisations are required to put the property or, where appropriate, the infrastructure with acceleration for their own cargo into its original or appropriate state.
(8) The owner or user of the property used for telecommunications equipment shall be obliged to take care, in any use or work on the property, to ensure that the telecommunications equipment is not compromised or damaged.
(9) If the owner or user of the real estate used for telecommunications equipment intends to carry out such work or modification of the real estate that could jeopardise the smooth and safe operation of the telecommunications equipment, he shall be obliged to inform the relevant organization of the connections at least six weeks before the start of the intended work - if there is no danger of delay -.
(10) Within the time limit laid down in paragraph 9, the coupling organisation shall take the necessary measures or notify the investor that the six-week period is not sufficient and that it shall implement the necessary measures within a longer period, which it shall also determine; that period shall not exceed six months, except for the adaptation of telecommunications equipment to be planned in advance.
§ 13
(1) Prior to the construction of telecommunications equipment, owners or users of real estate shall, to the extent necessary and within the time limit laid down by the organization of connections, take the necessary measures on the load of the organization of connections on their land, in particular to harvest field culture and to clean up, if necessary, disqualify and remove trees which could impede the construction or threat of telecommunications equipment. However, the time limit set by the service organisation shall not be less than 15 days.
(2) If this period is in vain, the organisation of the links shall be entitled to carry out the measures referred to in the previous paragraph with its own cost on the risk of the owner or user of the land.
§ 14
(1) During the operation of the telecommunications equipment, it shall curtail the tree on its load and to the extent strictly necessary for the smooth and safe operation of the telecommunications equipment of the connection organisation, unless another agreement has been reached with the owner or user of the land.
(2) The felling of trees required to ensure the safe operation of telecommunications equipment is mandatory for owners or users of real estate within a time limit set by the organization of the links which covers the actual costs. The provisions of Paragraph 13 (2) shall apply mutatis mutandis if that period goes in vain.
(3) Deforestation and trimming of trees in which telecommunications equipment or their operation could be threatened may only be carried out in agreement with and under the supervision of the person appointed by the association.
§ 15
(1) In the exercise of an authorisation pursuant to § 12 to 14, the organisation of the links and their authorised persons shall be required to save as much property, accessories and equipment on them as possible, as well as the rights of their owners or users.
(2) When designing, building and operating telecommunications equipment, care must be taken to ensure that harmful effects on human health and the natural environment are avoided as far as possible, in order to conserve the protected parts of nature, vegetation needed for hygiene protection and cultural or historical monuments.
(3) In the exercise of the authorisations and activities referred to in the preceding paragraphs, the provisions on the protection of the agricultural and forestry funds, water management and the exploitation of mineral resources shall also remain unaffected.
§ 16
(1) The damage caused to the property or its accessories in the construction, operation, repair, modification or disposal of telecommunications equipment shall be reimbursed to the damaged owner or user of the property.
(2) If there is no compensation agreement, the claim for compensation may be claimed in accordance with the general regulation.3)
§ 17
(1) The construction of a single telecommunications network, including support and outlines, does not require a building permit under the Building Regulations Act.
(2) When constructing the telecommunications lines referred to in paragraph 1, the organisation of the links (investor) shall submit to the building authority a plan determining the location of the management to give its consent. This plan does not need to be submitted to the construction office in the cases provided for in the implementing rules, in particular where the construction does not affect the general interest or legitimate interests of the owners or users of the real estate.
(3) The construction of telecommunications networks must be discussed in due time with the owners of the properties concerned; owners may be notified either directly or by notification to, or through, the relevant local national committee.
(4) Any objections to the use of the property shall be submitted by the owners no later than 15 days after the date of notification to the investor, who shall submit them to the construction office for decision. The objections have suspensive effect, unless it has been ruled out by the construction office for urgent reasons.
(5) For the construction of outdoor reception radio and television antennas and their drafts, provided that technical standards or other general technical regulations are complied with, where this equipment does not cross infrastructure or lines, no building permit is required, but prior consent of the owner of the property or a prior court decision is required. It is not allowed to set up individual outdoor reception antennas on objects where a common antenna suitable for the desired reception has already been set up. The construction office during state building supervision may order the transfer or modification of antennas that threaten the building condition of the property or the security of the surrounding area or disrupt its appearance.
§ 18
The rights and obligations of the relevant service organisations under this Section VI shall also have natural and legal persons authorised to establish and operate telecommunications equipment pursuant to Sections 4 and 6 (1).

Oddíl VII

Measures for the efficient use of telecommunications
§ 19
(1) The Federal Ministry of Communications sets out uniform rules for telecommunications operation and the technical competence of telecommunications equipment and oversees, directly or by the authorities responsible for complying with these rules, all operators throughout the territory of the State.
(2) The Federal Ministry of Communications and the authorities entrusted with it carry out a state inspection of telecommunications, as well as state technical supervision in the field of telecommunications on the safety and reliability of telecommunications equipment (§ 1 (4) (a)), checking compliance with the provisions of this Act and the rules issued on its basis and meeting the conditions laid down by the organizations of communications, natural and legal persons authorised to establish and operate telecommunications equipment and networks and provide telecommunications services.
(3) The provisions of the preceding paragraphs shall not apply to telecommunications equipment and telecommunications networks of the authorities of the Federal Ministry of Interior, the Federal Security Information Services, the ministries of the Interior of the Republic, and to telecommunications and telecommunications networks of the Federal Ministry of Defence and the Czechoslovak State Railways, air security and energy security equipment.
(4) The Federal Ministry of Communications controls the use of the frequency spectrum by equipment of all sectors of the national economy and departments. In particular:
(a) allocate frequencies or frequency bands in agreement with the Federal Ministry of Defence and the Federal Ministry of Interior, including for telecommunications equipment whose establishment and operation does not require authorisation [Paragraph 6 (1) and (4) (a)];
(b) exercise State control over compliance with the allocated frequencies or frequency bands;
(c) cooperate with the Federal Radio and Television Council in drawing up plans to use frequencies for radio and television broadcasting.
(5) The Federal Ministry of Communications is responsible for coordinating the discussion of international telecommunications matters and for implementing international agreements and arrangements.
(6) If the organisation of the links does not fulfil the conditions which it is obliged to fulfil when establishing and operating a single telecommunications network and when providing telecommunications services, or if it infringes a natural or legal person authorised to provide telecommunications services, the latter may be fined up to a maximum of 10 times the amount fixed for the non-provided service or for the inquality of the service provided, or up to a maximum of 10 times the amount collected for the performance provided in contravention of the conditions laid down in the rules issued under this law and in the mandated procedure.
(7) In the event of repeated non-compliance or infringement of the conditions laid down within 12 months of the date on which the last decision imposing the fine referred to in paragraph 6 becomes final may be increased by up to five times.
(8) The fine may be imposed within one year from the date of the finding of non-compliance or non-compliance, but no more than three years from the date on which the non-compliance or non-compliance occurred.
(9) The competent authority of the State Telecommunications Administration shall decide on the imposition of the fine referred to in paragraphs 6 and 7.

Oddíl VIII

Telecommunications secrets
§ 20
(1) Legal and natural persons procuring telecommunications activities, and their personnel and other persons in charge of such tasks, may not, for purposes other than work, intentionally obtain information on the content of messages transmitted by telecommunications equipment and networks, as well as on the names and addresses of the communicating parties and on the numbers of communication stations. They shall be obliged to keep secrets, shall not disclose any information relating to messages transmitted or made available.
(2) Data on messages transmitted or made available may be communicated only to the consignor and the addressee or to their authorised representatives (successors). The courts, prosecutors and public authorities shall be able to obtain information on the content of the messages transmitted or transmitted; information on the reports may be communicated to those authorities, or may be made aware of operational documents, unpublished numbers of participating stations, or may be used for the purpose of telecommunications equipment in cases provided for by law.
(3) The data in the preceding paragraphs also apply to other operators of telecommunications equipment and networks and their staff, as well as to users of telecommunications equipment and networks, who, even if by chance, are familiar with the content of the information transmitted by telecommunications equipment and networks.

Oddíl IX

Telecoms authorities and procedures before them
§ 21
(1) When deciding on the rights and obligations of natural or legal persons under this Act, the general rules on administrative management.4)
(2) In administrative proceedings under this law, the Federal Ministry of Communications and the State Telecommunications Administration, which provides for the laws of national councils, decides.
(3) The Federal Ministry of Communications decides:
(a) authorisation to establish and operate specified parts of the single telecommunications network;
(b) the approval of the competence of telecommunications equipment;
(c) the granting of authorisations for the establishment and operation of telecommunications equipment outside a single telecommunications network where their operation crosses the borders of the State or of the Republic;
(d) the granting of authorisations for the provision of telecommunications services outside a single telecommunications network, crossing national borders or the borders of Republics;
(e) the allocation of frequencies and frequency bands, the performance of State supervision of their compliance;
(f) the granting of authorisations for the establishment and operation of radio broadcasting equipment of mobile or fixed services;
(g) the imposition of fines under this law and the handling of offences in the matters in which it decides;
(h) a permit for broadcasting equipment for radio and television, provided that the operator has been granted an authorisation to disseminate radio or television programmes and that the equipment is established in accordance with the radio and television frequency plan, 2)
(ch) authorisation for broadcasting radio stations of representative offices of foreign states, subject to the approval of the Federal Ministry of Foreign Affairs and subject to reciprocity.
(4) The authorities of the State Telecommunications Administration of the Republics referred to in paragraph 2 decide, to the extent provided for by the laws of the National Councils, to authorise the establishment and operation of a local network.
§ 21a
(1) When carrying out a state inspection of telecommunications and state technical supervision in the field of telecommunications on the safety and reliability of telecommunications equipment, the Federal Ministry of Communications and the bodies entrusted to it pursuant to the basic rules of control activities laid down in special legislation5) for the authorities of the Czech and Slovak Federal Republics.
(2) The staff of the telecommunications authorities shall be obliged to maintain national, economic and professional secrecy regarding the facts which they have learned in the course of their activities. This obligation shall continue after termination of employment. This obligation may be waived under conditions and in a manner regulated by special legislation.6)
(3) Workers of public telecommunications authorities shall be prohibited from carrying out, in return for payment, advisory or other similar professional activities for the organisation of connections and for natural or legal persons who provide telecommunications services on the basis of an authorisation granted under this Act or which apply for authorisation under this Act.

Oddíl X

Common, transitional and final provisions
§ 22
(1) The Central Management of Communications will issue more detailed provisions for the implementation of this Act in agreement with the relevant central authorities.
(2) Authorisations and authorisations granted under this Act may be restricted or revoked by the authority which issued them or by its superior authority in the event of failure to comply with the conditions laid down, or where the security of the State so requires.
§ 22a
Pending the entry into force of the laws of the national councils referred to in Article 21 (4), the Federal Ministry of Communications shall, in administrative proceedings and in cases other than those referred to in Article 21 (3), decide in accordance with this law.

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Regulation Information

CitationAct No. 110 / 1964 Coll., on Telecommunications
Regulation Type-
Author-
CollectionCode of Laws
Date of Promulgation18.06.1964
Effective from01.07.1964
Effective until-
Status Valid
The regulation text is for informational purposes only.
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