Act No. 252 / 1994 Coll.
Law on radio and television charges
Valid
Law
Effective from 01.04.1995
252
THE LAW
of 8 December 1994
on radio and television charges
Parliament has decided on this law of the Czech Republic:
Subject matter of fees
(1) The radio fee is paid from an installation technically eligible for individually optional reproduction of radio broadcasting regardless of the reception method (hereinafter referred to as the radio receiver). This device shall be considered a radio receiver even if the holder modifies it for another purpose.
(2) The television charge is paid from an installation technically eligible for individually optional television broadcasting regardless of the reception method (hereinafter referred to as "television receiver"). This equipment shall be considered a television receiver even if the holder modifies it for another purpose.
(3) A radio fee and a television fee are paid from the receiver, which enables the individual optional reproduction of both radio and television broadcasting.
(4) Radio or television charges are not subject to:
(a) Radio subscriber stations, 1)
(b) telecommunications equipment (2) intended solely for purposes other than the reception of broadcasting of Czech Radio and Czech Television,
(c) telecommunications equipment intended solely for the technical control of radio and television broadcasting;
(d) radio or television receivers forming part of museum and gallery collections.
Claim
(1) The payer shall be a legal person, an organisational part of the State or a natural person holding a m3) a radio or television receiver.
(2) If a radio or television receiver is part of a means of transport, the holder of the means of transport shall be the payer.
(3) The following shall be exempt from the radio charge and television charge:
(a) persons of other States enjoying privileges and immunities under international treaties binding on the Czech Republic, 4)
(b) foreign nationals who do not have permanent residence in the Czech Republic;
c) Police of the Czech Republic, Army of the Czech Republic, Security Information Service and Prison Service of the Czech Republic, if only members of the Prison Service are used by radio and television receivers,
d) Czech Radio and Czech Television,
(e) the Council of the Czech Republic for Broadcasting,
(f) licence holders (5) entitled to radio broadcasting, if the radio fee is payable;
(g) licence holders (5) entitled to television broadcasting, if the television fee is applicable;
(h) persons with complete or practical blindness of both eyes and persons with bilateral complete or practical deafness. (a)
(4) Furthermore, a natural person shall be exempt from the radio and television charges,
(a) if it is an individual whose net income for the previous calendar quarter is less than 1.4 times the minimum life, 6)
(b) if it lives in the same household with other persons and the sum of its net income and net income of those persons over the past calendar quarter is less than 1.4 times the minimum living life of those persons. 6)
Income collection shall be carried out in accordance with a special law. 6)
(5) The effects of the new entitlement to the exemption referred to in paragraph 3 shall take place on the first day of the calendar month following the month in which the reason for the exemption arose; the effects of such exemption end on the last day of the month in which the reason for such exemption ceased to exist. The effects of the new entitlement to exemption referred to in paragraph 4 shall take place on the first day of the calendar month following the month in which the taxpayer notifies the locally competent establishment (7) of the circumstances justifying the exemption; the effects of the exemption end on the last day of the month in which the taxpayer is to notify the local competent post office of the disappearance of the circumstances justifying the exemption, pursuant to Article 6.
Basis of fees
(1) A natural person pays a radio fee from one radio receiver and a television charge from one television receiver. The second and each other radio or television receiver shall not be charged a radio or television charge, even if that receiver is part of a means of transport; the fee does not also apply to radio or television receivers held by natural persons living with a taxpayer in the same household. 8)
(2) A natural person who uses a radio or television receiver for or in connection with a business 9) shall pay a radio or television fee for each such receiver; This shall be without prejudice to the obligation to pay fees under paragraph 1.
(3) The legal person and the organisational body of the State pay the radio fee for each radio receiver and television charge for each television receiver.
(4) The legal person, the organisational body of the State and / or the natural person who produces, fixes or sells radio or television receivers in the course of business shall pay the radio fee for one radio receiver and television charge for one television receiver; where such a person has a secondary establishment, a radio or television charge shall also be paid on the number of radio or television receivers that he has; for natural persons, this shall be without prejudice to the obligation to pay the fees referred to in paragraph 1.
(5) The changes in the basis of the fees are effective from the first day of the calendar month following that in which those changes occurred.
Fee rate
The monthly amount of the radio fee is CZK 37, the monthly amount of the television fee is CZK 75.
Payment of fees
(1) The payer pays the radio fee to the Czech Radio and TV fee to Czech Television via Czech Post or another person designated by the operator by law. If the payer does not pay the fee by the end of the calendar month following the month in which the fee was due, the payer is obliged to pay the fee due to the Czech Radio or Czech Television directly, unless otherwise stated in this Act.
(2) The payer pays the radio fee to the Czech Radio or TV fee to Czech TV directly, if the operator is asked by law.
(3) The radio or television charge (hereinafter referred to as "fee") to which a natural person is subject shall be payable no later than the 15th day of each calendar month; where a natural person becomes a taxpayer during a calendar month, the first payment of the fee shall be due no later than the 15th day of the calendar month following that in which the natural person became a taxpayer.
(4) The fee to which the legal entity and the organisational body of the State are subject shall be paid on a quarterly basis no later than the 15th day of the first month of each calendar quarter; if the legal person and the organisational component of the State becomes a taxpayer during the calendar quarter, the fee shall be payable, starting from the calendar month following the month in which the person became a taxpayer, at the latest by the 15th day of the calendar month in question, until the end of that quarter.
(5) If a radio or television receiver (hereinafter referred to as "the receiver ') is withdrawn from the register, the fee shall be payable by the payer for the month in which the check-out took place. Any overpayments will be returned by mail.
Chargers' records
(1) The register of taxpayers shall be kept by the post office at the premises of the locally competent place of residence or place of residence of the payer or by the operator by law.
(2) The payer shall notify the local competent office of the date on which he became the holder of the receiver. This obligation shall not apply to the taxpayers referred to in Article 2 (3).
(3) The payer is obliged to provide evidence in writing to the local competent post office of the circumstances showing exemption from the obligation to pay the fee in accordance with Paragraph 2 (4).
(4) A payer who has a notification obligation under paragraph 2 is obliged to notify the local competent post office of:
(a) the cessation of circumstances justifying the exemption pursuant to Article 2 (4);
(b) the change of residence of the payer;
(c) other changes related to the recording of receivers.
(5) The factors referred to in paragraphs 2 and 4 must be notified by the taxpayer within 15 days of their origin.
(6) The payer may withdraw the receiver from the register if it ceases to hold the receiver or if the receiver becomes permanently unfit to reproduce radio and television broadcasting. When the receiver is checked out of the register, the payer shall attach an affidavit stating that the circumstances justifying the check out have occurred.
Debt fees
If the taxpayer does not pay the fees due even within a reasonable additional period provided by the Czech Radio or Czech Television (hereinafter "the legal operator"), the operator is entitled by law to claim his right in court.
Fee premium
(1) The payer who:
(a) has not registered the receiver;
(b) by stating false data, it has obtained an unjustified exemption from the obligation to pay a fee for the receiver;
(c) by giving false data, it has obtained unauthorised unregistration of the receiver from the register;
is obliged by law to pay the operator a surcharge of CZK 5000 for each such radio receiver, or a surcharge of CZK 10,000 for each such television receiver.
(2) If the taxpayer does not pay the premium within a reasonable period of time provided by the operator by law, the operator is legally entitled to claim his right in court.
(3) The provisions of paragraph 1 shall not apply where the taxpayer has subsequently fulfilled all of his obligations before being asked by the operator by law to pay the premium.
Remuneration of mail and other postal duties
(1) The remuneration of the post office for keeping records of receivers and collecting fees shall be determined in accordance with price regulations. 10)
(2) The radio and television charges paid by the taxpayers indicate to operators by law after the deduction of the remuneration referred to in paragraph 1.
(3) The postal service provides the operators of the legal data on the fees due and on request additional data from the receipt records. The postal service provides the operators of the law with the necessary cooperation for their implementation under § 7 and 8.
Transitional and final provisions
(1) The obligation to register the receiver in accordance with Article 6 (2) shall be deemed to be fulfilled if, on the date of application of this Act, the receiver has been entered in the register in accordance with the existing rules. 11)
(2) Persons exempt from the obligation to pay the fee pursuant to Article 2 (4) shall be exempt from the obligation to provide evidence of the circumstances of the exemption (Article 6 (3)), provided that, at the date of application of this law, their exemption from the rates for the use of the receivers granted under the existing rules has taken place. 11)
They shall be deleted:
1. § 6 of the Ordinance No. 111 / 1964 Coll., implementing the Telecommunications Act.
2. Decree of the Federal Ministry of Communications No. 51 / 1985 Coll., published by the Radio and Television Regulations, as amended by Decree of the Federal Ministry of Communications No. 76 / 1987 Coll., Decree of the Federal Ministry of Communications No. 39 / 1988 Coll., Decree of the Federal Ministry of Communications No. 315 / 1990 Coll. and Decree of the Federal Ministry of Communications No. 100 / 1991 Coll.
This Act shall take effect on 1 April 1995.
Uhde v. r.
Havel v. r.
Klaus v. r.
1) Paragraph 3 (5) of Act No. 110 / 1964 Coll., on Telecommunications.
2) Paragraph 1 (4) (a) of Act No. 110 / 1964 Coll., as amended by Act No. 150 / 1992 Coll.
3) § 129 of the Civil Code.
4) For example, Decree No. 157 / 1964 of the Minister of Foreign Affairs Coll., on the Vienna Convention on Diplomatic Relations, Decree No. 21 / 1968 Coll., on the Convention on Privileges and Immunities of International Professional Organisations, Decree No. 32 / 1969 Coll., on the Vienna Convention on Consular Relations, Decree No. 40 / 1987 Coll., on the Convention on Special Missions, Decree No. 52 / 1956 Coll., on the Access of the Czechoslovak Republic to the Convention on Privileges and Immunities of the United Nations Organisation approved by the United Nations General Assembly on Security and Cooperation in Europe on 13 February 1946, Act No. 125 / 1992 Coll., on the Establishment of the Secretariat of the Conference on Security and Cooperation in Europe and Immunities of the United Nations.
5) Paragraph 3 (1) of Act No. 468 / 1991 Coll., on the Operation of Radio and Television Broadcasting, as amended by Act No. 597 / 1992 Coll.
5a) Annex to Decree No. 207 / 1995 of the Ministry of Labour and Social Affairs Coll., which sets out the degree of disability and how they are assessed for the purposes of State Social Support Benefits, Chapter IV. - Sensory bodies, Section A - Svěk, Section B - Hearing and balance apparatus.
6) Act No. 463 / 1991 Coll., on Life Minimum, as amended.
7) § 4 (1) of Act No 222 / 1946 Coll., on Post Office (Postal Act).
8) § 115 of the Civil Code.
9) Section 2 of the Commercial Code.
10) Act No. 526 / 1990 Coll., on Prices, as amended by Act No. 135 / 1994 Coll. Decree of the Federal Ministry of Finance, Ministry of Finance of the Czech Republic and Ministry of Finance of the Slovak Republic No. 580 / 1990 Coll., implementing Act No. 526 / 1990 Coll., on Prices, as amended by Decree No. 580 / 1992 Coll.
11) Decree of the Federal Ministry of Communications No. 51 / 1985 Coll., published in Radio and Television Regulations, as amended.
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Regulation Information
| Citation | Act No. 252 / 1994 Coll., on Radio and Television Charges |
|---|---|
| Regulation Type | Law |
| Author | - |
| Collection | Code of Laws |
| Date of Promulgation | 30.12.1994 |
|---|---|
| Effective from | 01.04.1995 |
| Effective until | - |
| Status | Valid |
The regulation text is for informational purposes only.
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