Act No. 153 / 2010 Coll.
Act amending Act No. 127 / 2005 Coll., on Electronic Communications and amending certain related laws (Act on Electronic Communications), as amended, and certain other laws
Valid
Effective from 01.07.2010
Contents
ČÁST PRVNÍ
Čl. I
㤠22a
§ 22b
§ 22c
§ 22d
㤠23
㤠23a
㤠33a
㤠98
㤠99
㤠123
㤠134
㤠134a
Čl. II
ČÁST DRUHÁ
Čl. III
ČÁST TŘETÍ
Čl. IV
ČÁST ČTVRTÁ
Čl. V
ČÁST PÁTÁ
Čl. VI
ČÁST ŠESTÁ
Čl. VII
Čl. VIII
ČÁST SEDMÁ
Čl. IX
㤠38f
ČÁST OSMÁ
Čl. X
ČÁST DEVÁTÁ
Čl. XI
ČÁST DESÁTÁ
Čl. XII
ČÁST JEDENÁCTÁ
Čl. XIII
ČÁST DVANÁCTÁ
Čl. XIV
ČÁST TŘINÁCTÁ
Čl. XV
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153
THE LAW
of 21 April 2010
amending Act No. 127 / 2005 Coll., on Electronic Communications and amending certain related laws (Electronic Communications Act), as amended, and certain other laws
Parliament has decided on this law of the Czech Republic:
Amendment to the Electronic Communications Act
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. 290 / 2005 Coll., Act No. 361 / 2005 Coll., Act No. 186 / 2006 Coll., Act No. 235 / 2006 Coll., Act No. 310 / 2006 Coll., Act No. 110 / 2007 Coll., Act No. 261 / 2007 Coll., Act No. 304 / 2007 Coll., Act No. 227 / 2009 Coll. and Act No. 281 / 2009 Coll., is amended as follows:
1. in Paragraph 2 (l):
"(l) Interface
1. the end point of the public communications network;
2. an interface for connecting or accessing public communications networks; or
3. Radio interface for radio wave travel between radio devices,
and their technical specifications, ';
2. in Paragraph 8 (5), the words "the general conditions referred to in paragraph 3 'are replaced by the words" the condition of integrity referred to in paragraph 4';
3. in Article 10 (1), point (a) shall be deleted;
Points (b) to (p) shall be renumbered (a) to (o).
4. In the last sentence of Paragraph 15 (2), "optimal 'is replaced by" effective'.
5. In Article 15, the following paragraphs 3 and 4 are inserted after paragraph 2:
"(3) The use of radio frequencies means their use for a radio communications service or for the provision of an electronic communications network through which electronic communications services or radio communications services are provided.
(4) The use of radio frequencies shall take place in accordance with the law, the allocation plan for frequency bands (national frequency table), the radio spectrum use plan, the allocation of radio frequencies and the individual authorisation to use radio frequencies, and, where appropriate, the general authorisation. ';
Paragraph 3 shall become paragraph 5.
6. In Section 15, the following paragraph 6 is added:
"(6) The Authority provides information to the Radio Spectrum Information System 10a).
(10a) Commission Decision 2007 / 344 / EC of 16 May 2007 on the harmonised availability of information on the use of spectrum in the Community. '
7. In Article 16 (3), the words "and radio equipment 'are replaced by the words" or, where appropriate, radio equipment'.
8. in Article 17 (3), the following points (c) and (d) are inserted after point (b):
"(c) the reference number and the date of the decision on the allocation of radio frequencies in the case of an application for authorisation to use radio frequencies for which the right of use has been granted by that allocation;
(d) the type of broadcasting radio equipment, if required by an international treaty which the Czech Republic is bound by and which has been published in the Collection of Laws or in the Collection of International Treaties, or resulting from the membership of the Czech Republic in the European Union or in international organisations, '.
Points (c) to (e) shall be renumbered as points (e) to (g).
9. In Article 17 (5), at the end of point (a), the words "unless it is an application for authorisation to use radio frequencies for which the right of use has been granted by allocation of radio frequencies," shall be added.
10. in Article 17 (5), the following point (b) is inserted after point (a):
"(b) the consent of the allocation holder in the case of an application for authorisation to use radio frequencies for which the right to use has been granted by the allocation of radio frequencies, unless the authorisation is requested by the holder of that allocation,";
Points (b) to (g) shall be renumbered (c) to (h).
11. in Article 17 (11) (b):
"(b) this requires compliance with the obligations arising from an international treaty which the Czech Republic is bound by and which has been declared in the Collection of Laws or the Collection of International Treaties,"
12. in Article 17 (11), the following point (c) is inserted after point (b):
"(c) this requires compliance with the obligations arising from the Czech Republic's membership of the European Union, the North Atlantic Alliance or international organisations or the security of the state,"
Points (c) to (f) shall be renumbered (d) to (g).
13. in Article 17 (11), at the end of point (f), the word "or" shall be deleted and point (g) shall be replaced by:
"(g) has notified the intention to limit the number of rights to use radio frequencies which are required; or"
14. in Article 17 (11), the following point (h) is added:
"(h) there is a restriction on the rights to use radio frequencies which are required to be used and radio frequencies are requested by a person who is not the holder of a radio frequency allocation granted under a restriction or by a person who has been given the consent of the radio frequency allocation holder.";
15. In Article 17, the following paragraph 12 is inserted after paragraph 11:
"(12) The Office shall suspend the procedure for the application for authorisation to use radio frequencies if it intends to notify the intention to restrict the number of rights referred to in Article 20 (2) which are the subject of the request for a maximum period of three months from receipt of the request. ';
Paragraphs 12 and 13 shall become paragraphs 13 and 14.
16. In Paragraph 18, at the end of paragraph 2, the dot is replaced by a comma and the following points (c) and (d) are added:
"(c) compliance with obligations arising out of an international treaty which the Czech Republic is bound by and which has been declared in the Collection of Laws or in the Collection of International Treaties; or
(d) compliance with obligations arising from the Czech Republic's membership of the European Union, the North Atlantic Alliance or international organisations or obligations relating to the security of the state. "
17. in Article 18 (3), the words "frequency plans" shall be replaced by the words "frequency band allocation plan (national frequency table), radio spectrum use plan" and the last sentence shall be deleted;
18. in Paragraph 19 (1) (a) read:
"(a) compliance with obligations arising out of an international treaty which the Czech Republic is bound by and which has been declared in the Collection of Laws or in the Collection of International Treaties; or"
19. in Article 19 (1), the following point (b) is inserted after point (a):
"(b) compliance with the obligations arising from the membership of the Czech Republic in the European Union, the North Atlantic Alliance or in international organisations or, if required, ensuring the security of the state."
Points (b) to (d) shall be renumbered (c) to (e).
20. In Article 19 (1), at the end of the text of point (d), the words "or a change in the amount of the fees referred to in Article 24," shall be added.
21. in Article 19 (1) (e), the words "because of a change in the technical parameters of the allocated frequency" shall be deleted and the words "or its technical parameters" shall be inserted after the words "assigned frequency";
22. In Article 19, the words "pursuant to Article 27 'shall be added at the end of the text of paragraph 2.
23. Paragraph 19 (3) reads:
"(3) At the request of the holder of the radio frequency authorisation, the Authority shall decide to extend the period of validity of the authorisation. Unless the facts referred to in paragraph 1 (a) prevent this, or the grounds for not granting the authorisation for the use of radio frequencies referred to in Article 17 (11) are given, the Authority shall extend the period of validity by a maximum of the period specified in the authorisation. The period of validity shall be renewable. An application for the extension of the authorisation to use radio frequencies shall be submitted to the Authority no later than one month before the expiry date. ';
24. in Article 19 (4) (c), the words "the North Atlantic Alliance" shall be inserted after the words "the European Union."
(25) In Article 19 (4) (d), the words "the time of use of frequencies shall not be monitored by an amateur frequency service operator, or" shall be replaced by the words "the time limit for assessing the non-use of radio frequencies shall be calculated from the date on which the decision authorising the use of radio frequencies was first granted to the authorisation holder or his legal predecessor; the time of use of radio frequencies shall not be monitored for operators of amateur radio communications service; or ';
26. in Article 19 (5), the words "(b) or" shall be inserted after the words "(b)";
27. in Paragraph 19, paragraph 6 is deleted;
Paragraph 7 shall become paragraph 6.
28. in Article 19 (6) (c), the word "or" shall be deleted;
29. In Article 19, at the end of paragraph 6, the dot is replaced by "or 'and the following point (e) is added:
"(e) the date of transmission of the allocation of radio frequencies in accordance with Article 23. ';
30. In Article 19, the following paragraph 7 is added:
"(7) The holder of a radio frequency authorisation or its legal successor shall ensure that the radio frequency authorisation is terminated immediately after the expiry of the radio frequency authorisation. ';
31. in Paragraph 21 (5) (e), "the amount of the fee" is replaced by "the amount of the amount."
32. In the first sentence of Paragraph 22 (1), the words "holder of the allocation 'are replaced by" Office'.
33.In Article 22 (2), the following point (a) is inserted:
"(a) specification of radio frequencies,"
Points (a) to (f) shall be renumbered (b) to (g).
34. in Paragraph 22 (2) (d), the words "rights deriving from" shall be deleted;
35. In Article 22, at the end of paragraph 5, the sentence "The authorisation for the use of radio frequencies for which the allocation of radio frequencies has been issued may be granted to the holder of the allocation or, with his consent, to an entrepreneur providing a public communications network or providing a publicly available electronic communications service."
36. The following Sections 22a to 22d are inserted after Section 22, including the headings and footnotes No 16a, 16b and 16c:
Change of radio frequency allocation
(1) The President of the Council shall decide, after consultation, in accordance with Paragraph 130, to amend the allocation of radio frequencies at the request of the allocation holder.
(2) The President of the Council may also decide to amend the allocation of radio frequencies if:
(a) the authorisation for the use of radio frequencies covered by the allocation has been withdrawn pursuant to Article 19 (4) (b) or (d) and the holder of the allocation has held the withdrawn authorisation; or
(b) it is a transfer of an allocation pursuant to Article 23.
(3) When deciding in accordance with paragraphs 1 and 2, the President of the Council shall assess the fulfilment of all the conditions and obligations set out in the allocation, taking into account in particular the fulfilment of the conditions set out in Article 22 (2) (d), the scope of the services for which rights of use of radio frequencies have been granted, the need to ensure competition and the fulfilment of the conditions of efficient use of radio frequencies. In accordance with the procedure referred to in paragraph 1, paragraph 2 (b) and paragraph 5, the allocation of radio frequencies may be changed only if it is necessary for the fulfilment of the harmonisation objectives of the Community or of the international treaties by which the Czech Republic is bound and which have been published in the Collection of Laws or in the Collection of International Contracts.
(4) The President of the Council shall decide on a change to the allocation of radio frequencies if this is necessary to comply with the obligations arising from an international treaty which the Czech Republic is bound by and which has been declared in the Collection of Laws or in the Collection of International Treaties, or results from the membership of the Czech Republic in the European Union, the North Atlantic Alliance or in international organisations, where this is required by the security of the State, or is necessary to ensure the fulfilment of the Community's harmonisation objectives for the use of radio spectrum (16a).
(5) A change in the allocation of radio frequencies may also be made if, on the basis of the procedure set out in Section 21, additional rights to use radio frequencies are to be granted to the allocation holder and such change does not prevent the content of the allocation under Section 22 (2).
Withdrawal of radio frequency allocation
(1) The President of the Council shall decide on the withdrawal of the allocation of radio frequencies or parts thereof (hereinafter referred to as "the withdrawal of the allocation of radio frequencies") if:
(a) the holder of the allocation has ceased to comply with any of the conditions under which it was granted, or the conditions laid down in special legislation11), 16), and has failed to remedy it within the period laid down by the Office pursuant to Paragraph 114, although the Office has therefore been informed in writing of the possibility of withdrawing the allocation,
(b) the holder of the allocation has not complied with the condition or obligation laid down by this law or by a decision granting the allocation and has not dealt with the remedy within the time limit laid down by the Office pursuant to Paragraph 114, although the Office has therefore been informed in writing of the possibility of withdrawing the allocation; or
(c) the authorisation for the use of radio frequencies covered by the allocation was withdrawn pursuant to Article 19 (4) (b) or (d) and the holder of the allocation was the holder of the withdrawn authorisation.
(2) Where the time limit for commencing the use of radio frequencies is not set by the allocation of radio frequencies, the allocation holder shall start using the allocated radio frequencies within 2 years of the legal power of the allocation decision. If the allocation holder has not started using radio frequencies within the time limit, the President of the Council shall decide to withdraw the allocation of radio frequencies.
(3) When deciding in accordance with paragraphs 1 and 2, the President of the Council shall assess the fulfilment of all the conditions and obligations set out in the allocation and shall take into account in particular the scope of the services provided for which the rights to use radio frequencies have been granted, the need to ensure competition and the fulfilment of the conditions of efficient use of radio frequencies.
(4) The President of the Council will decide to withdraw the allocation of radio frequencies if:
(a) this is necessary to comply with the obligations arising from an international treaty which the Czech Republic is bound by and which has been declared in the Collection of Laws or in the Collection of International Treaties, or from the membership of the Czech Republic in the European Union, the North Atlantic Alliance or international organisations, or where the security of the state so requires;
(b) the holder of the allocation has requested withdrawal; or
(c) in the event of a transfer of the allocation as a result of the facts referred to in Article 22c (1) (b) and (c), the conditions laid down in Article 23 (1) would be infringed.
Lack of validity of radio frequency allocation
(1) Radio frequency allocation expires
(a) the expiry of the period for which it was granted;
(b) the date of the death of the legal person to whom he has been awarded, unless he has a legal successor who fulfils the condition laid down in Article 22 (4);
(c) in the event of the death of a natural person who has been granted,
on the first day of her death, if the heirs do not continue in her business, 16b) or the heirs 16c) which fulfils the condition of Paragraph 22 (4); or
2. the futile expiry of the period referred to in Article 23 (4) if the heir does not fulfil the condition laid down in Article 22 (4),
(d) the date on which the decision taken by the President of the Council under Articles 22a and 22b became final; or
(e) by the futile expiry of the period referred to in Article 23 (3).
(2) In the event that a legal person holding a radio frequency allocation is to cease to exist with a legal successor and thus the transfer of the radio frequency allocation to a legal successor, the Authority shall, at the request of the holder of the allocation, give a statement as to whether the change of radio frequency allocation will not infringe the conditions set out in Article 23 (1).
(3) In the event of the disappearance of a legal person holding a radio frequency allocation and having a legal successor, the legal successor shall inform the Office in writing of his succession no later than 1 month after the date on which the legal person was terminated.
Transition of radio frequency allocation
(1) If a legal person holding a radio frequency allocation passes the radio frequency allocation on to its legal successor, if that successor fulfils the conditions laid down in Article 22 (4) and if the conditions under which the Authority grants consent to the transmission of the radio frequency allocation pursuant to Article 23 (1) are met at the same time.
(2) The legal successor to the deceased legal person holding the radio frequency allocation shall be obliged to inform the Office in writing without undue delay of his succession.
(3) If a natural person holding a radio frequency allocation dies, the radio frequency allocation shall pass on to his heir if that person fulfils the condition laid down in Article 22 (4).
(4) The heir to whom the allocation of radio frequencies referred to in paragraph 3 has been transferred shall be obliged to inform the Authority in writing without undue delay.
16a) Directive 2009 / 214 / EC of the European Parliament and of the Council amending Council Directive 87 / 372 / EEC on frequency bands reserved for the coordinated introduction of public pan-European cellular digital terrestrial mobile communication systems in the Community.
16b) § 473 to 475a and § 477 of Act No. 40 / 1964 Coll., Civil Code, as amended.
16c) § 175f of Act No. 99 / 1963 Coll., Civil Code, as amended. '
37. Paragraph 23, including the title, reads:
Transfer of radio frequency allocation
(1) An entrepreneur may only transfer to another entrepreneur the allocation of radio frequencies or part thereof (hereinafter referred to as the "allocation transfer ') with the prior approval of the Authority. The Authority shall grant such consent if:
(a) the intended transfer of the allocation will not distort competition in the field of electronic communications in terms of the use of radio frequencies;
(b) the intended allocation shall not change the conditions for the use of radio frequencies the use of which has been internationally harmonised;
(c) the intended transfer of the allocation will not interfere with the efficient use of radio spectrum;
(d) there shall be no withdrawal procedure with the holder of the radio frequency allocation concerned or part thereof;
(e) the request for the Authority's consent to transfer the allocation complies with the requirements set out in paragraph 2.
(2) In the application for approval to transfer the allocation referred to in paragraph 1, the holder of the radio frequency allocation shall indicate:
(a) their identification data to the extent provided for in Article 13 (2) or (3);
(b) identification of the future acquirer of the radio frequency allocation within the scope of Article 13 (2) or (3);
(c) the reference number and the date of the decision on the allocation of radio frequencies which is the subject of the intended allocation transfer;
(d) the designation of the service, type of network or technology concerning the part of the radio frequency allocation to be subject to the intended transmission of the radio frequency allocation;
(e) the start-up period and the use of radio frequencies to be the subject of the intended allocation transfer by the prospective acquirer;
(f) information on the future acquirer's financial, technical and professional assumptions for the use of radio frequencies to be subject to the intended allocation transfer.
(3) The transfer of the allocation shall take place within 60 days of the date of the agreement of the Office referred to in paragraph 1.
(4) The allocation of radio frequencies may be transferred by the heirs of the radio frequency allocation holder who does not fulfil the condition laid down in Paragraph 22 (4) to another person within 5 months of the date of the final order in the proceedings for the inheritance of the deceased holder of the radio frequency allocation, under the conditions laid down in paragraphs 1 to 3. ';
38. The following Section 23a is inserted after Section 23:
(1) The Authority shall publish a communication on the decision to grant, modify or withdraw the allocation of radio frequencies and information on the transmission or transition of the allocation of radio frequencies.
(2) At the request of a new radio frequency allocation holder, the Authority shall issue a change certificate in the allocation holder's person. "
39. In Paragraph 25 (4), the words "or this results from the membership of the Czech Republic in the European Union, the North Atlantic Alliance or international organisations, or if required by state security," shall be inserted after the words "Collection of International Treaties."
40. Paragraph 26 (2), including footnote 18, reads:
"(2) The service of radio broadcasting equipment referred to in paragraph 1 may be performed by persons with a valid licence to operate such equipment. Where a legal person is the holder of an authorisation to use radio frequencies, it shall ensure that only a person with a valid certificate of professional competence carries out the operation of radio equipment. On request, the Authority shall verify the competence to operate radio equipment and issue certificates of competence. If the applicant's specific competence has not been recognised by the Authority under the Special Legislation (18), the Authority shall verify the applicant's competence to operate radio broadcasting equipment at all times.
18) Act No. 18 / 2004 Coll., on the recognition of professional qualifications and other competence of nationals of Member States of the European Union and amending certain laws (Act on the Recognition of Professional Qualifications). '.
41. In the second sentence of Article 26 (3), the word "permit 'shall be replaced by" set date' and the words "take place 'shall be inserted after the word" test'.
42. In Article 26 (4), the words "or, where the Authority has recognised its specific competence under a specific legislation 'shall be inserted after the word" test'.
43. In Article 26, paragraphs 6 and 7 are added:
"(6) At the request of the licence holder, the period of validity of the licence may be renewed repeatedly. An application for an extension of the validity of a licence shall be submitted by the licence holder at least 1 month before the expiry date.
(7) If the period of validity of the licence has expired, a new licence may be issued within a period of one year from the date of expiry of the licence if the application is supported by confirmation by the applicant that at least two years have been operated by the operator of the radio broadcasting equipment for which the licence was issued. ';
44. In Paragraph 27, the following paragraph 4 is inserted after paragraph 3:
"(4) The costs referred to in paragraph 1 shall be:
(a) the cost of technical modifications of the equipment in the event of a change in the allocated radio frequency or a change in its technical parameters;
(b) the residual price of equipment used for the current use of radio frequencies and discarded as a result of changes in radio frequencies;
(c) the cost of dismantling and disabling equipment for the current use of radio frequencies;
(d) the installation and entry into service costs of equipment replacing the decommissioning installation; and
(e) the costs of providing electronic communications services provided through existing radio frequencies by other means, for as long as is strictly necessary to ensure the necessary technical arrangements for making a change in the use of radio frequencies. ';
Paragraphs 4 and 5 shall become paragraphs 5 and 6.
45. In Paragraph 29, the sentence "The numbering plans also provide for exceptions to the portability obligation of telephone numbers (Paragraph 34) is added at the end of paragraph 1. '
46. In Paragraph 30, the following sentence is added at the end of paragraph 2: "In the case of European harmonised numbers, the Office shall decide to grant authorisation to an entrepreneur providing a public communications network or providing a publicly available electronic communications service, or to a non-commercial person whose activity corresponds to the purpose for which those numbers are reserved. In order to access non-public communications networks, the Office shall decide on the authorisation to use numbers to the person providing those networks. ';
47. in Paragraph 30 (8), at the end of point (d), the word "or" shall be replaced by a dot and point (e) shall be deleted;
48. Article 31 shall be deleted, including the title.
49. In Paragraph 33, the sentence "Emergency numbers are used to report events where life, health, property or public policy is at risk 'is added at the end of paragraph 1.
50. In Paragraph 33 (3), the last sentence is replaced by the following: "This information is to be updated by the provider but at least every 14 days."
51. in Article 33 (4) (a), the words "including details of their participants in a publicly available telephone service" shall be inserted after the words "in paragraph 3."
52. in Article 33 (4) (b), the words "the Office" shall be inserted after the words "ensure."
53. In Article 33 (6), the words "the Office" shall be inserted after the word "make available."
54. In Article 33, paragraphs 11 and 12 are added:
"(11) Where a participant or user is making malicious calls to emergency call numbers, the operator in whose network such a call has been initiated shall, at the request of the entity operating the emergency call reception centre, make it impossible to operate the telecommunications terminal equipment from which such calls are made on its network. The application referred to in the first sentence shall be made in electronic form and shall be accompanied by a guaranteed electronic signature based on a qualified certificate issued by an accredited certification service provider under a specific legislation. The Authority shall decide on the re-entry into service of telecommunications terminal equipment at the request of the participant.
(12) By means of malicious calls to emergency numbers, calls to such numbers shall be for a purpose other than those provided for in paragraph 1. ';
55. After Paragraph 33, the following Section 33a is inserted:
Contents
ČÁST PRVNÍ
Čl. I
㤠22a
§ 22b
§ 22c
§ 22d
㤠23
㤠23a
㤠33a
㤠98
㤠99
㤠123
㤠134
㤠134a
Čl. II
ČÁST DRUHÁ
Čl. III
ČÁST TŘETÍ
Čl. IV
ČÁST ČTVRTÁ
Čl. V
ČÁST PÁTÁ
Čl. VI
ČÁST ŠESTÁ
Čl. VII
Čl. VIII
ČÁST SEDMÁ
Čl. IX
㤠38f
ČÁST OSMÁ
Čl. X
ČÁST DEVÁTÁ
Čl. XI
ČÁST DESÁTÁ
Čl. XII
ČÁST JEDENÁCTÁ
Čl. XIII
ČÁST DVANÁCTÁ
Čl. XIV
ČÁST TŘINÁCTÁ
Čl. XV
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Regulation Information
| Citation | Act No. 153 / 2010 Coll., amending Act No. 127 / 2005 Coll., on Electronic Communications and amending certain related laws (Act on Electronic Communications), as amended, and certain other laws |
|---|---|
| Regulation Type | - |
| Author | - |
| Collection | Code of Laws |
| Date of Promulgation | 21.05.2010 |
|---|---|
| Effective from | 01.07.2010 |
| Effective until | - |
| Status | Valid |
The regulation text is for informational purposes only.
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