Act No. 194 / 2017 Coll.
Act on the coordination of infrastructure structures and measures to reduce the costs of the deployment of high-speed electronic communications networks and amending certain related laws
Valid
Effective from 25.07.2017
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194
THE LAW
of 31 May 2017
on the coordination of infrastructure structures and measures to reduce the costs of deployment of high-speed electronic communications networks and amending certain related laws
Parliament has decided on this law of the Czech Republic:
COORDINATION OF INFRASTRUCTURE BUILDINGS AND MEASURES TO REDUCE COSTS FOR THE IMPLEMENTATION OF ELECTRONIC COMMUNICATIONS HIGHER NETWORKS
Subject matter
This law implements the relevant European Union1 regulations and regulates the rules for the deployment of high-speed electronic communications networks and further regulates the coordination of infrastructure structures.
Definition of terms
For the purposes of this Act:
(a) the physical infrastructure element of the network (2), which is intended to accommodate other elements of the network without itself becoming an active element of the network; These include, in particular, piping, masts, cable ducts, collectors, inspection chambers, input shafts, distribution cabinets, buildings or entrances to buildings, antenna carriers, towers and support structures; the physical infrastructure is not cables, including unretracted optical fibres, and drinking water distribution ducts (3); for the purpose of installing a low-range wireless access point, or its connection to a backbone network, an urban mobile, such as public lighting columns, signs and indicators, light signalling, billboards, bus and tram stops or metro stations, shall be considered as a physical infrastructure;
(b) physical infrastructure within the building, a physical infrastructure suitable for the location of cable or wireless access networks within the building, provided that such access networks are capable of providing electronic communications services and linking the access point of the building to the end point of the network at end-user's premises;
(c) by a compulsory person:
1. operator of the public communications network,
2. the physical infrastructure manager intended for the provision of gas or electricity transport, transmission or distribution services, including public lighting, thermal energy distribution, water distribution including waste and sewage treatment and drainage systems;
3. the physical infrastructure manager intended to provide transport services, including railways, roads, ports and airports;
4. for the purposes of providing construction work data pursuant to § 11 and for the purposes of coordinating public-funded works pursuant to § 10;
5. the owner of the physical infrastructure referred to in points 1 to 4, or the person entitled from other rights to that physical infrastructure, unless the operator of that physical infrastructure is its owner and has no rights to it that would enable him to fulfil the obligations of the obliged entity under this law; the required person is not the Ministry of Defence, the Ministry of Interior and the Security Corps,
6. a mandatory authority where it is the owner or the physical infrastructure manager who is technically competent to install a low-range wireless access point or which is necessary to connect those access points to the backbone network;
(d) the authorised person is the public communications network operator and the compulsory authority;
(e) high-speed electronic communications network, an electronic communications network which enables the provision of connection services with a speed of at least 30 Mb / s;
(f) the building access point a physical point through which multiple operators are simultaneously allowed to connect to the physical infrastructure within a building prepared for a connection of at least 30 Mb / s;
(g) by authorisation of a decision, measure or other act required by a building law;
(h) by a compulsory authority, the executive authority, the local authority or the legal person who is:
1. set up for a particular purpose to satisfy needs of general interest which are not of an industrial or commercial nature; and
2. financed, wholly or mainly, by the State, Territorial Authority or Public Administration, subject to the management supervision of these entities or by more than half of the members of their administrative, management or supervisory body,
(i) an electronic communications connection to the part of the electronic communications network which enables the connection of the point of entry of the communication line to the building or to the land where the end point of the network is located to the nearest interface of the public communication network of the end point of the network to the interface of the public communication network;
(j) significant renovation of buildings, changes in the completed building, for which the expected costs would exceed 50% of the investment costs of a new comparable building;
(k) construction of infrastructure by the construction of liner transport infrastructure and technical infrastructure network pursuant to the construction legislation9), as well as similar constructions on public spaces 10), or their changes; for the purposes of this Act, the construction of connections to technical infrastructure networks and loops in electricity for connection to the distribution system is not considered as infrastructure constructions,
(l) the future builder of the person preparing the construction of the infrastructure; a future builder is also considered to be an infrastructure builder,
(m) by taking over the data, an automated entry of the data on the planned construction of the infrastructure or their erasure without compensation or replacing the new data, according to the data contained in the building management information system (11), through the interconnection of public administration information systems.
COORDINATION OF STAVEB INFRASTRUCTURE
Registration of prepared infrastructure structures
(1) The planned infrastructure constructions are recorded in the non-public part of the digital technical map of the region 13). The future builder will enter basic data on the planned construction of the infrastructure financed entirely or partly from public funds, which requires the authorisation of the project (12), into the digital technical map of the region (13) within 1 month of the start of the preparation of the construction. The future builder may also write additional information on these constructions.
(2) The basic indication of the planned infrastructure construction is:
(a) approximate location and type of infrastructure construction, the approximate location may be expressed in variants and the individual sections may be indicated separately;
(b) an indication of whether the construction is financed in whole or in part from public funds;
(c) the contact details of the future builder,
(d) the date on which the application for authorisation was submitted (14), if the application was submitted; and
(e) the construction identification number (15), if allocated to it.
(3) The additional indication of the planned infrastructure construction is:
(a) the expected date of submission of an application for authorisation of a project, where such authorisation is required;
(b) the estimated start date of the construction or information on the construction already started;
(c) the estimated time of implementation of the construction, or the information on the start of use of construction (16).
(4) The start of the preparation of the infrastructure construction shall be considered as the date on which the preparation of the project authorisation documentation or project documents17 was commissioned.
(5) The future constructor may also enter basic and additional data on the planned construction of infrastructure not referred to in paragraph 1 in the digital technical map of the region; in this case he shall always record at least the basic data referred to in paragraph 2.
(6) The future builder shall update the data entered in the digital technical map of the region within two weeks of their change, but shall update the data entered by it at least once a year. The last update will include an indication of the start of use of the building. The obligation referred to in this paragraph shall also apply to data entered in this register on a voluntary basis in accordance with paragraph 5.
(7) If, for a period of three consecutive years after the registration or the last update, the registered data on the planned construction of the infrastructure referred to in paragraph 6 or paragraph 8 are not updated, the future builder shall be deemed to have abandoned the preparation of the infrastructure construction. The administrator of the digital technical map of the region shall ensure the automatic deletion of the construction data from which it has been abandoned.
(8) In the digital technical map of the region, data on the planned construction of the infrastructure from the building managementinformation system (11) shall be taken into account if the building administration information system contains such data. The future constructor shall be deemed to have fulfilled the obligation under paragraph 1 or paragraph 6 if the data have been taken over according to the first sentence.
Coordination of infrastructure structures
(1) The future constructor will allow, in whole or in part, for infrastructure constructions financed from public funds to another future constructor who has requested coordination for the purpose of carrying out his planned construction of the infrastructure registered in accordance with Paragraph 2a, the coordination of construction works under similar conditions as provided for in Paragraph 10 (1), with a request for coordination of construction works containing at least basic data on the construction of the infrastructure, the terms of the project for which the future constructor requests the coordination of construction works, the expected timing of its execution and the allocation of costs resulting from the coordination of construction works between the future constructor and other future constructor.
(2) The obligation referred to in paragraph 1 shall apply only if the future builder who has requested coordination is demonstrably prepared to implement the construction according to the planned timetable of the mandatory future builder, or if he agrees only to undertake preparation for its construction, e.g. in the form of physical infrastructure, at his expense.
(3) Article 10 (5) and (6) shall not apply to applications under paragraph 1.
(4) The provisions of paragraph 1 shall not apply to infrastructure structures which are subject to the obligation to coordinate construction works pursuant to Paragraph 10.
Related buildings
(1) Where a financial contribution agreement or agreement is concluded between an applicant for authorisation of an infrastructure construction project and a party to a project authorisation procedure which has applied in this procedure to the construction of the related building, or an agreement to ensure that it is carried out in kind, or where such an agreement is concluded with a future builder who, during the course of the procedure, has proposed to the applicant to build a related building, the provisions of Section 2a (1) and (2) of the Line Law apply mutatis mutandis.
(2) Where an applicant for a decision to authorise an infrastructure construction project requests the construction office to suspend the procedure for concluding the agreement referred to in paragraph 1, the construction office shall suspend the procedure for the period proposed by the applicant.
(3) An agreement referred to in paragraph 1 shall also be deemed to be an agreement relating to an extension pursuant to Article 2i of the Liner Act or to a contract coordinating construction works pursuant to Article 2b or Article 10, the terms of which do not need to be fulfilled under Article 2a of the Line Act.
Interim expropriation decision
(1) If the owner has acquired rights in respect of the land or construction needed for the construction of the infrastructure, which is carried out in the public interest under another legislation and for which ownership rights can be withdrawn or restricted), only after the planned construction of the infrastructure has been registered in accordance with § 2a, the provisions of § 4a of the liner law shall apply mutatis mutandis, without such construction being defined in the territorial development plan or in the principles of territorial development or in the annex to the liner law.
(2) The provisions of Section 4d of the Line Law shall apply mutatis mutandis to all infrastructure constructions meeting the conditions laid down in paragraph 1.
(3) A future constructor may only exercise the rights referred to in paragraph 1 or 2 if, in addition to the basic data, he has immediately entered in the register referred to in paragraph 2a the date on which the projector19) the project documentation or documentation for the authorisation of the project, and at the same time has entered in the register such documentation in the extent of the situation drawing from which the land concerned is visible and the location of the planned infrastructure construction on them.
(4) Rights under this provision shall apply only to sections of infrastructure construction which are separately recorded in the register referred to in Paragraph 2a, together with the data referred to in paragraph 3.
Notice of initiation
In the procedure for the authorisation of a project under the Special Act (20), the purpose of which is the construction of the infrastructure, the notice of initiation will automatically be sent by the building management informationsystem (11) also to future builders who have entered the planned construction of the infrastructure in the register under Paragraph 2a and indicated the contact electronic address to which the notification is to be sent.
MEASURES TO REDUCE THE COSTS FOR IMPLEMENTATION OF THE HIGH-CHLOWER NETWORKS OF ELECTRONIC COMMUNICATION
Single information point
(1) The Czech Telecommunications Authority (hereinafter the Office) is a single information point.
(2) The Office shall collect, register, process, store, publish in a manner that allows remote access and provide data under this law.
(3) Furthermore, the Office publishes in a way that allows remote access
(a) data relating to the conditions and procedures under the Construction Act and data necessary for the implementation of elements of high-speed electronic communications networks;
(b) final decisions under this law;
(c) models of contracts created by it pursuant to Sections 4, 8 and 10;
(d) the references to the information of the obliged persons relating to the performance of their duties under this law communicated by the obliged person to the Office.
(4) The Office shall consult, in particular, the authorised and obliged persons for the design of the contracts referred to in paragraph 3 (c); Section 130 of the Electronic Communications Act applies mutatis mutandis.
Access to physical infrastructure
(1) The obliged entity shall allow access to the physical infrastructure for the purpose of establishing a high-speed electronic communications network to the beneficiary, on the basis of his or her request and at his / her cost, under fair, reasonable and non-discriminatory conditions, including price, unless there are grounds for refusing the request pursuant to Article 5.
(2) The request for access to physical infrastructure must be in writing. The application shall be accompanied by a proposal for the conclusion of a contract of access to a physical infrastructure defining the physical infrastructure to which the beneficiary requests access, the conditions of access required, the price for access to or the way in which the physical infrastructure is to be determined, the rights and obligations of the obliged entity and the authorised person relating to the permanent location of the element of the high-speed electronic communications network in the physical infrastructure and the design of the project for the introduction of the high-speed electronic communications network and the timing of its implementation.
(3) The authorised person for the submission of an application for access to physical infrastructure shall use the model of the physical infrastructure access contract published in a manner that allows remote access by the Office or the obliged person.
(4) Legal acts designed to prevent a obliged person from fulfilling his obligation under paragraph 1 shall not be taken into account.
(1) The obliged entity shall reject the request for access to physical infrastructure on the grounds of:
(a) a possible breach of State security, public security, public health or other public interests protected by other legislation; or
(b) a possible breach of the safety, mechanical resilience and stability or integrity of the network or part thereof, in particular of critical infrastructure (4).
(2) The obliged person may refuse access to physical infrastructure on the grounds of:
(a) the technical imsuitability of the physical infrastructure for the introduction of an element of the high-speed electronic communications network;
(b) legal barriers to the availability of physical infrastructure to introduce an element of high-speed electronic communications networks;
(c) the unavailability of the physical infrastructure space to accommodate elements of high-speed electronic communications networks, including the future needs of the obliged entity;
(d) the risk of serious interference with the planned electronic communications service with the provision of other services through the same physical infrastructure;
(e) the availability of other possibilities for access to physical infrastructure under fair, reasonable and non-discriminatory conditions suitable for the deployment of high-speed electronic communications networks, for example through the wholesale offer of services by the obliged entity; or
(f) the apparent inadequacy of the claim by the beneficiary for access to physical infrastructure.
(3) The obliged entity may also reject the request for access to physical infrastructure on the ground that the request for access to physical infrastructure does not contain the requirements laid down in Article 4 (2).
(4) Where the obliged person refuses access to the physical infrastructure, he shall communicate this in writing, stating the reasons therefor, within 2 months of the date on which the request was received.
(5) If a request for access has been rejected or if, within 2 months of the date of receipt of the request, a contract for access to physical infrastructure has not been concluded with the obliged person, the beneficiary or the obliged person has the right to refer the matter to the Office for a decision.
Provision of physical infrastructure data
(1) An authorised person intending to use the authorisation provided for in Article 4 has the right to provide a set of minimum data on the physical infrastructure of obliged persons (hereinafter referred to as the "minimum data set") within the scope of the planned project by introducing an element of the high-speed electronic communications network. The minimum data set shall include:
(a) basic technical parameters and identification of the type of physical infrastructure;
(b) the geometrical, height and location identification of the physical infrastructure; the graphic part shall be provided in vector form in the coordinate system of the single trigonometric catastral network;
(c) data on the current use of physical infrastructure;
(d) the identification of the obliged entity and its contact details.
(2) An application for the provision of a minimum set of data within the scope of its planned project shall be made in writing to the Office, which shall provide it with such information within 1 month of the date of receipt of its request. In the application, the beneficiary shall justify the validity of the scope of the data required for the project planned for the implementation of the high-speed electronic communications network. Where the Office does not have the required minimum data set, it shall provide such data within one month of the date of their submission by the competent authority.
(3) The Office shall not provide a set of minimum data to the authorised person if the reasons referred to in Article 5 (1) or Article 7 (2) (c) are given.
(4) If the Office does not provide a set of minimum data or a part thereof pursuant to Article 6 (3), it shall, within the time limit for processing the request, issue a decision not to provide a set of minimum data or part thereof.
(5) Where the Office does not have the required minimum data set, it shall request the provision of such data by a mandatory authority which, as a result of the performance of its tasks, could hold a minimum data set or part thereof. The competent authority which has the required minimum data set or part thereof in electronic form shall provide it to the Office within 2 months of the date of receipt of its request. Where the competent authority is not the originator of the minimum data set, it may provide it to the Office in the format and to the extent that it has received it, the accuracy and completeness of which shall be the responsibility of the provider. At the same time, the compulsory authority shall inform the Office.
(6) Where the Office does not have the required minimum data set and the mandatory authority has not provided it with a minimum data set at its request in accordance with paragraph 4, it shall inform the authorised person accordingly.
(7) The authorised person may, upon notification by the Office referred to in paragraph 5, request in writing the provision of a minimum set of data by the obliged person.
(1) The Compulsory Person shall reject the request of the authorised person for the provision of a minimum set of data on the grounds set out in Article 5 (1) or, if necessary, in order to preserve his or her business secrets.
(2) The obliged person may refuse the request of the authorised person to provide a minimum set of data if:
(a) publish the required minimum data set in a way that allows remote access; in that case, communicate to the authorised person the information enabling access to the published data;
(b) it has provided the required minimum data set to the Office or the compulsory authority in the exercise of its competence; or
(c) the beneficiary has failed to demonstrate, at the request of the beneficiary, the validity of the scope of the data required for its planned project of deployment of high-speed electronic communications networks.
(3) Where the obliged person refuses to provide a minimum set of data, he shall inform the authorised person and the Office in writing, stating the reasons therefor.
(4) If the application has been rejected or has not been provided by the obliged person within 2 months of the date on which the application was received, a set of minimum data for the authorised person shall be entitled to refer the matter to the Office for a decision.
On-site research
(1) The obliged entity shall allow the on-the-spot survey of its physical infrastructure to be carried out on the basis of its reasoned request and at its cost, under fair, reasonable and non-discriminatory conditions, unless grounds for refusal are given. The authorised person shall be obliged to compensate the obliged person for the compulsory restriction of ownership to the extent that the obliged person was affected by the examination of his physical infrastructure.
(2) The request for an on-the-spot survey must be in writing. The application shall be accompanied by a proposal for the conclusion of an on-site physical infrastructure survey contract defining the physical infrastructure for which on-site research is requested and setting out the method, date and price of the on-site survey or the method of its designation.
(3) The authorised person to submit an on-the-spot survey request shall use the model of the on-the-spot physical infrastructure survey contract published by the Office or the obliged person in a way that allows remote access.
(4) In response to the request referred to in paragraph 1, the obliged entity shall inform the authorised person of the possible use of the physical infrastructure concerned to be the subject of the survey by the authorised person.
(1) The obliged person shall reject the request for an on-the-spot survey for the reasons set out in Article 5 (1) or may refuse the request for reasons set out in Article 5 (2) (a) to (e) or if the request does not contain the particulars referred to in Article 8 (2).
(2) If the obliged person refuses to apply for an on-the-spot survey, he shall inform the person entitled in writing within 1 month of the date on which the request was received. The obligation to provide information on the possible use of the physical infrastructure concerned pursuant to Paragraph 8 (4) shall be without prejudice to the refusal of an on-the-spot request for a physical infrastructure survey.
(3) If the application has been rejected or if, within 1 month of the date of receipt of the application, a contract for on-the-spot physical infrastructure survey has not been concluded with the obliged person, the beneficiary has the right to refer the matter to the Office for a decision.
Coordination of construction works
(1) For works financed entirely or in part from public funds, the obliged entity shall allow the authorised person to coordinate the works with a view to establishing a high-speed electronic communications network, on the basis of a reasoned request and under fair, proportionate and non-discriminatory conditions, provided that the request contains the particulars referred to in paragraph 2 and that the grounds for refusal of the application referred to in paragraph 4 are not given.
(2) The request for coordination of works must be written. The application shall be accompanied by a proposal for the conclusion of a contract for the coordination of works, which shall define the physical infrastructure, the terms of the project for the introduction of a high-speed electronic communications network for which the beneficiary requests the coordination of the works, the timing of its execution, the details of the contractor of the construction, if known, the elements of the existing or planned electronic communications network concerned and the allocation of costs resulting from the coordination of the works between the authorised person and the obliged person. If the beneficiary has concluded a link agreement under the Liner Act 8), this agreement replaces the contract for the coordination of construction works.
(3) The authorised person shall make use of the model contract for the coordination of works published by the Office or the obliged person in a way that allows remote access.
(4) Applications for coordination of works shall be accepted by the obliged person if:
(a) coordination of works does not require additional costs for the works originally planned, which would be borne by the obliged entity, in particular due to further delays;
(b) it does not prevent it from controlling construction works;
(c) the application for coordination of works has been submitted by the beneficiary at the latest 1 month before the application for authorisation was submitted; and
(d) the safety and integrity of networks, the security of the state, public security, public health or the preservation of its business secrets are not compromised.
(5) If the obliged person refuses to coordinate the work, he shall inform the authorised person and the Office in writing.
(6) If the application has been rejected or the application has not been concluded within 1 month of the date of receipt of the application to the obliged person, the beneficiary or the obliged person shall have the right to refer the matter to the Office for decision.
Provision of construction work data
(1) On fair, proportionate and non-discriminatory terms and conditions, the obliged person shall, on the basis of a reasoned written request from the beneficiary, provide data on public-funded construction works to the extent that:
(a) the location and type of construction work in the area defined by the cadastral territory;
(b) elements of existing or planned physical infrastructure affected by construction works;
(c) the estimated start date for the works and their duration; and
(d) contact details of the obliged entity.
(2) Data on the planned or carried out construction work financed from public funds and relating to the physical infrastructure for which authorisation has been granted, in respect of which the authorisation procedure is being or is foreseen within the following 6 months, shall be provided by the obliged person to the beneficiary within 2 weeks of the date of receipt of the application and shall at the same time provide such information to the Office. Only those data referred to in the first sentence which are not entered in the register pursuant to Paragraph 2a shall be provided by the obliged person.
(1) The obliged entity shall reject the request for data on construction works if necessary for the safety and integrity of networks, state security, public security, public health or the preservation of its business secrets.
(2) The obliged person may refuse to apply for data on construction works if:
(a) publish the required data in a way that allows remote access; in that case, communicate to the person entitled access to the published information;
(b) provide the required information to the Office or to the compulsory authority in the exercise of its competence; or
(c) the beneficiary did not justify his request for data on construction works at the request of the beneficiary.
(3) Where the obliged entity refuses to provide data on construction works, it shall inform the authorised person and the Office in writing within 2 weeks of receipt of the request.
(4) If the application has been rejected or has not been provided by the obliged person within 2 weeks of the date on which the application was received, the authorised person shall have the right to refer the matter to the Office for a decision.
Physical infrastructure inside the building
(1) The authorised person has the right to terminate his high-speed electronic communications network in the end-user's premises if the infrastructure within the building allowing a connection of at least 30 Mb / s does not exist and if the end-user agrees.
(2) Where the introduction of a new high-speed electronic communications network within the building makes it technically impossible or economically inefficient to build a new physical infrastructure within the building, the beneficiary shall be entitled to access any existing physical infrastructure within the building or the building access point.
(1) The obliged entity shall allow access to the physical infrastructure within the building or the way in which it is intended or the access point of the building for the purpose of establishing a high-speed electronic communications network on the basis of its reasoned request, under fair, reasonable and non-discriminatory conditions, including the price using the existing physical infrastructure within the building or the way in which it is intended or the access point of the building, unless there are grounds for refusal of an application pursuant to Articles 5 (1) or 5 (2) (a) to (e), or where the request does not contain a requirement under paragraph 2.
(2) The request for access must be in writing. The application shall be accompanied by a proposal for the conclusion of a contract for access to physical infrastructure within a building which defines the physical infrastructure within a building to which the beneficiary requests access, the conditions for the access required, the price for access to physical infrastructure within the building, the rights and obligations of the obliged entity and the authorised person regarding the permanent location of the element of the high-speed electronic communications network in the physical infrastructure within the building, and the design and timing of its implementation.
(3) Where the application has been rejected or the application has not been concluded within 2 months of the date of receipt of the application to the obliged person, the beneficiary or the obliged person shall have the right to refer the matter to the Office for decision.
(4) Legal acts designed to prevent a obliged person from fulfilling his obligation under paragraph 1 shall not be taken into account.
Data protection against misuse
The authorised person shall ensure the protection of data obtained in connection with the procedures under this law or to which he has obtained access under this law, prior to their misuse or unauthorised use, unless such data have been disclosed.
Decision-making of the Office
(1) An application for a decision under this Act shall be submitted to the Office no later than 1 month after the date on which the fact establishing the right to file a decision arises.
(2) A proposal for a decision to conclude a contract shall include a draft contract specifying the parts of the contract at issue.
(3) Where a dispute is at issue, the Office shall, in the context of the dispute's decision, determine the price in such a way as to include compensation for the economic eligible costs of the obliged entity, taking into account the impact of the proposed intervention on the business plan of the obliged entity, including the investments made in the physical infrastructure used to provide high-speed electronic communications services.
(4) The Office shall examine the matter without undue delay and decide on the obligation to conclude a contract or reject the data or the application for a decision of the dispute. If the matter cannot be discussed without undue delay, the Office shall decide:
(a) dispute over access to physical infrastructure within 4 months;
(b) the dispute on the on-the-spot survey, the dispute on the coordination of works, the dispute on access to physical infrastructure within the building and the obligation to provide a set of minimum data and data on works within 2 months.
(5) The Office may, for the purposes of its decision-making under this Law, request an opinion from the administrative authority whose jurisdiction relates to the subject-matter of the dispute. In that case, the administrative authority shall deliver an opinion within 30 days; the time limit for the decision of the Office shall not run for that period.
(6) In the event of a dispute over access to physical infrastructure, on-the-spot research, on the coordination of works and on access to physical infrastructure within a building, relating to the transport, transmission or distribution of gas or electricity and the distribution of heat energy, the Office shall request binding advice from the Energy Regulatory Authority (7).
(7) In a binding opinion, the Energy Regulatory Authority will indicate whether or not it agrees to conclude a contract which is the subject of a dispute, the conditions required for access to physical infrastructure or coordination of works and the price for access to physical infrastructure or the allocation of costs in coordinating construction works. The Energy Regulatory Authority shall give due reasons for its binding opinion.
(8) When preparing a binding opinion, the Energy Regulatory Authority shall take into account the legal obligations of the natural infrastructure manager concerned and its regulatory access to that physical infrastructure.
(9) The Energy Regulatory Authority shall issue a binding opinion on the subject-matter of the contested procedure within 30 days of the date of receipt of the Office's request for that binding opinion. The request shall include all documents available to the Office for a dispute on which it requests a binding opinion. From the date on which the request for a binding opinion is received, until the time limit referred to in paragraph 5 is received by the Office, it shall not run.
The decision of the Office on the dispute and the decision not to provide a minimum set of data or part thereof pursuant to Article 6 (4) shall not be subject to any decomposition, review or renewal.
Transfers
(1) The obliged person commits an offence by not informing the authorised person of the grounds for refusal pursuant to § 5 (4), § 7 (3), § 9 (2), § 10 (5) or § 12 (3).
(2) The authorised person commits an offence by not ensuring data protection pursuant to § 16.
(3) A fine of up to CZK 200,000 may be imposed for an infringement pursuant to paragraphs 1 and 2.
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Regulation Information
| Citation | Act No. 194 / 2017 Coll., on the coordination of infrastructure structures and measures to reduce the costs of the deployment of high-speed electronic communications networks and amending certain related laws |
|---|---|
| Regulation Type | - |
| Author | - |
| Collection | Code of Laws |
| Date of Promulgation | 10.07.2017 |
|---|---|
| Effective from | 25.07.2017 |
| Effective until | - |
| Status | Valid |
The regulation text is for informational purposes only.
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