Act No 214 / 2013 Coll.
Act amending Act No. 127 / 2005 Coll., on Electronic Communications and amending certain related laws (Act on Electronic Communications), as amended
Valid
Law
Effective from 08.08.2013
Text versions:
08.08.2013
24.07.2013
214
THE LAW
of 20 June 2013
amending Act No. 127 / 2005 Coll., on electronic communications and amending certain related laws (Act on electronic communications), as amended
Parliament has decided on this law of the Czech Republic:
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. 457 / 2011 Coll., Act No. 110 / 2007 Coll., Act No. 261 / 2007 Coll., Act No. 304 / 2007 Coll., Act No. 375 / 2011 Coll., Act No. 124 / 2008 Coll., Act No. 177 / 2008 Coll., Act No. 153 / 2010 Coll., Act No. 247 / 2008 Coll., Act No. 384 / 2008 Coll., Act No. 227 / 2009 Coll., Act No. 227, Act No. 153.
1. in Paragraph 63 (1) (p):
"(p) the amount of the remuneration in the event of termination of the contract before the end of the term for which the contract is concluded shall be written off by the participant or the trader or by an agreement between the two parties, the amount of the payment being not more than one fifth of the sum of the monthly flat rates remaining until the end of the agreed period of the contract, or one fifth of the sum of the minimum agreed monthly performance remaining until the end of the contract, and the amount of the costs associated with the telecommunications terminal provided to the participant on favourable terms, ';
2. In Section 63, paragraphs 9 to 11 are added, including footnotes 62 and 63:
"(9) Where a contract for the provision of a publicly available electronic communications service or connection to a public communications network is concluded or amended using a means of distance communication, an entrepreneur providing a publicly available electronic communications service or providing connection to a public communications network shall be obliged to provide the subscriber with the information referred to in paragraph 1 in writing, in electronic or paper form, without delay after the conclusion of the contract or its amendment. The time limit for a participant to withdraw from the contract or to amend it outside the premises usual for the business (62) or, using means of communication on a distance (63), shall run from the day following the date of transmission of this information.
(10) An entrepreneur providing a publicly available electronic communications service or providing a public communications network shall inform the participant in the manner he has chosen to send the bill, not earlier than 3 months and not later than 1 month before the end of the contract containing an automatic contract extension arrangement, of the possibility and the way to terminate the contract.
(11) A contract for the provision of a publicly available electronic communications service or connection to a fixed-term public communications network may be terminated under conditions applied by an entrepreneur providing a publicly available electronic communications service or providing connection to a public communications network pursuant to points (g) and (h) of paragraph 1 for indefinite contracts and in accordance with paragraph 1 (p).
62) Article 57 of the Civil Code.
63) § 53 (7) of the Civil Code. '
3. Paragraph 80 (2) to (7) reads as follows:
"(2) In the case of amendments and additions to an access or interconnection contract, paragraphs 4 to 7 shall apply mutatis mutandis.
(3) The minimum requirements to be contained in a draft contract of access or interconnection shall be laid down in implementing legislation.
(4) An entrepreneur referred to in paragraph 1 who has requested the conclusion of an access or interconnection contract shall, within 10 days of the date of conclusion of the contract at the latest, forward to the Office the full text thereof, including the annexes.
(5) Where, pursuant to paragraph 1, the contacted entrepreneur decides to refuse to conclude a contract of access or interconnection, he shall immediately inform the rejected entrepreneur in writing of the refusal, stating the specific reasons for the refusal, in particular:
(a) technical reasons;
(b) economic reasons;
(c) organisational reasons; or
(d) other reasons which had an impact on his decision to reject the proposed solution.
This information shall be forwarded simultaneously by the Rejecting Entrepreneur referred to in paragraph 1 to the Office.
(6) The Authority will enter into negotiations on an access contract or network interconnection agreement on its own initiative, if this is necessary for the fulfilment of the regulatory objectives referred to in Article 5, or on the initiative of any interested party. The Office shall deliver an opinion on the contested part of the draft contract or on the grounds of refusal referred to in paragraph 5, which it shall communicate to the Contracting Parties.
(7) If the conclusion of a written access or interconnection contract is not possible within 2 months of the date of the opening of negotiations on the draft contract, the Office shall, on the basis of a proposal from either Contracting Party, decide on the access or interconnection dispute in accordance with the procedure laid down in Section 127. The draft contract with the specification of the parts of the dispute shall form part of the proposal of the Contracting Party for the decision of the dispute. The date on which negotiations are opened shall be the date on which the Contracting Party has demonstrably forwarded the draft contract to the other Contracting Party. ';
4. in § 118 (6) (e), the words "under § 80 (2) or" shall be replaced by the words "under § 80 (3),"
5. in Article 118 (6), the following point (f) is inserted after point (e):
"(f) in contravention of Paragraph 80 (5), it shall not inform the rejected entrepreneur of his refusal or state his reasons or send such information to the Office; or"
Point (f) shall be renumbered as point (g).
6. In Paragraph 118 (14), the dot is replaced by a comma at the end of point (z) and the following points (aa) to (ac) are added:
"(aa) does not specify, in a contract for the provision of a publicly available electronic communications service or for connection to a public communications network, all the information referred to in Article 63 (1) or that information is contrary to that provision;
(ab) does not provide information to the participant pursuant to Article 63 (9) or (10);
(ac) apply the conditions for termination of the fixed-term contract in breach of Paragraph 63 (11). ';
7. in Article 118 (22) (a), the words "or paragraph 6 (f)" shall be replaced by "or paragraph 6 (g)";
8. In Paragraph 118 (22) (b), "or paragraphs 14 (j) to (z) 'is replaced by" or paragraphs 14 (j) to (ac)'.
9. In Paragraph 118 (22) (c), "paragraphs 6 (a) to (e) 'is replaced by" paragraphs 6 (a) to (f)';
10. in Article 150 (2), "§ 80 (7)" is replaced by "§ 80 (3)";
Transitional provision
An entrepreneur providing a publicly available electronic communications service or providing connection to a public communications network shall, within 6 months of the date of entry into force of this Act, enter into force contracts on the provision of a publicly available electronic communications service and connection to the public communications network and the publication of information in accordance with the relevant provisions of Act No. 127 / 2005 Coll., on electronic communications and on the amendment of certain related laws (Electronic Communications Act), as effective from the date of entry into force of this Act.
Efficacy
This Act shall take effect on the 15th day following its publication.
Germany
Zeman v. r.
Rusnok v. r.
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Regulation Information
| Citation | Act No 214 / 2013 Coll., amending Act No. 127 / 2005 Coll., on Electronic Communications and amending certain related laws (Act on Electronic Communications), as amended |
|---|---|
| Regulation Type | Law |
| Author | - |
| Collection | Code of Laws |
| Date of Promulgation | 24.07.2013 |
|---|---|
| Effective from | 08.08.2013 |
| Effective until | - |
| Status | Valid |
The regulation text is for informational purposes only.
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