Act No. 150 / 1992 Coll.
Act amending and supplementing Act No. 110 / 1964 Coll., on Telecommunications
Valid
Effective from 24.04.1992
150
THE LAW
of 12 March 1992
amending and supplementing Act No. 110 / 1964 Coll., on Telecommunications
The Federal Assembly of the Czech and Slovak Federal Republic decided on this law:
Act No. 110 / 1964 Coll., on Telecommunications, is amended as follows:
1. The preamble of the law is being released.
2. The heading under Section I reads: "Telecommunications equipment, telecommunications network and telecommunications services."
3.
(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 performance shall be telecommunications services, establishment, modification, renewal, maintenance and operation of telecommunications equipment. ';
4. The heading under Section II reads: "Single telecommunications network and network organisation."
5.
(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. '
6. Paragraph 3 (8) reads as follows:
"(8) The organisation of the links shall ensure that the reception of radio and television programmes of the operators by law is expanded effectively. '
7. The heading under Section III reads: "Telecommunications equipment and telecommunications services outside the single telecommunications network."
8. Paragraph 4 (1) to (4) reads as follows:
(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) One-way radio and television programmes may be established and operated only on the basis of an authorisation granted by the authorising authority. "
9. the following paragraph 5 is inserted after Article 4 (4):
"(5) In justified cases, the authorising authority may, exceptionally and under the conditions laid down by it, authorise the establishment and operation of the equipment referred to in points (a) and (b) of Paragraph 1 (2), even outside the single telecommunications network. ';
10. in Paragraph 4, paragraphs 3 and 4 shall be renumbered paragraphs 6 and 7.
11. Article 5 (1) and (2) reads as follows:
"(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 a permit issued by competent foreign authorities. ';
12. in the first sentence of Article 5 (4), the words "authorised by the Ministry of the Interior or by the authorities authorised by it" shall be replaced by "authorised by the authorising authority."
13. in Article 5, the following paragraph 6 is inserted after paragraph 5:
"(6) The conditions for granting the authorisation referred to in paragraph 1 shall be laid down in general binding legislation. ';
14.
(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, subject to § 7.
(5) The conditions for the establishment and operation of the equipment referred to in paragraph 4 are laid down in general binding legislation. "
15. Paragraph 7 of paragraph 1 is deleted and paragraph 2 is deleted.
16. Paragraph 8 (2) reads as follows:
"(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 disturbances, to service reports of the State authorities of the connections or to other reports to which this advantage has been granted by a generally binding legislation. ';
17.
"(4) Manufacturers of machinery, apparatus and equipment and users of such equipment on importation shall, before they are put into circulation, 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. ';
Paragraph 18 (9) (7) reads as follows:
"(7) A natural or legal person who, in his or her business activity, causes damage, danger and damage to the equipment of a single telecommunications network shall, in addition to compensation for damage caused, pay a fine of up to 200 000 CZK. 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 after the date of the infringement. '
19.
(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 be longer than six months, unless such modification of the telecommunications equipment must be planned in advance. ';
20. Paragraph 13 (1) reads as follows:
"(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 coupling organisation shall not be less than 15 days. ';
21. Article 16 (2) reads as follows:
"(2) If there is no compensation agreement, the claim for compensation may be claimed in accordance with the general regulation.3) '.
22. In Article 17 (3), the words "(users) 'and" (users)' are deleted; In Article 17 (4), the word "(users) 'is deleted.
23. Paragraph 17 (5) reads as follows:
"(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. ';
24. In Paragraph 18, the words "other socialist organisations' are replaced by the words" natural and legal persons'.
25.
(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 public telecommunications administration shall decide on the imposition of the fine referred to in paragraphs 6 and 7. ';
26.
(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. "
27. The heading under Section IX. reads: "Authorities of the State Telecommunications Administration and Proceedings before them."
28.
(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 shall, to the extent provided for by the laws of the National Councils, decide to authorise the establishment and operation of a local network. "
29. The following Section 21a is inserted after Section 21:
(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) It shall be prohibited for staff of public telecommunications authorities to conduct, 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. ';
30. The heading under Section X. reads "Common, transitional and final provisions."
31. Paragraph 22 is renumbered paragraph 1 and the following paragraph 2 is added:
"(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."
32. the following Section 22a is inserted after Section 22:
Pending the entry into force of the laws of the national councils referred to in Article 21 (4), the Federal Ministry of Communications shall decide in administrative proceedings and in cases other than those referred to in Article 21 (3). '
Where the name Central Communications Administration is used in Act No. 110 / 1964 Coll., on Telecommunications, this is understood to be the Federal Ministry of Communications.
This Act shall take effect on the day of its publication.
Havel v. r.
Dubček v. r.
CHF
1) Sections 3 (1) and 9 of Act No. 468 / 1991 Coll., on the operation of radio and television broadcasting.
2) Articles 12 (2) and 17 of Act No. 468 / 1991 Coll.
3) Act No. 40 / 1964 Coll., Civil Code, as amended. Act No. 513 / 1991 Coll., Commercial Code.
4) Act No. 71 / 1967 Coll., on Administrative Procedure (Administrative Regulations).
5) Part of Act No. 405 / 1991 Coll., on Control in the Czech and Slovak Federal Republic.
6) Act No. 102 / 1971 Coll., on the Protection of State Secrets, as amended.
Sign in for notes, favorites and notifications
Regulation Information
| Citation | Act No. 150 / 1992 Coll., amending and supplementing Act No. 110 / 1964 Coll., on Telecommunications |
|---|---|
| Regulation Type | - |
| Author | - |
| Collection | Code of Laws |
| Date of Promulgation | 24.04.1992 |
|---|---|
| Effective from | 24.04.1992 |
| Effective until | - |
| Status | Valid |
The regulation text is for informational purposes only.
Comments 0