Act No. 252 / 2017 Coll.
Act amending Act No. 127 / 2005 Coll., on Electronic Communications and on the amendment of certain related laws (Act on Electronic Communications), as amended, and Act No. 483 / 1991 Coll., on Czech Television, as amended
Valid
Law
Effective from 02.09.2017
252
THE LAW
of 19 July 2017
amending Act No. 127 / 2005 Coll., on electronic communications and amending certain related laws (Act on electronic communications), as amended, and Act No. 483 / 1991 Coll., on Czech Television, as amended
Parliament has decided on this law of the Czech Republic:
Amendment to the Electronic Communications Act
Act No. 1 / 2012, Act No. 2 / 2011, Act No. 2 / 2011, Act No. 2 / 2011, Act No. 2 / 2011, Act No. 2 / 2011, Act No. 2 / 2011, Act No. 2 / 2011, Act No. 2 / 2011, Act No. 2 / 2011, Act No. 2 / 2011, Act No. 2 / 2011, Act No. 2 / 2011, Act No. 2 / 2011, Act No. 2 / 2011, Act No. 2 / 2011, Act No. 2 / 2011, Act No. 2 / 2011, Act No. 2 / 2011, Act No. 2 / 2011, Act No. 2 / 2011, Act No. 2 / 2011, Act No. 2 / 2011, Act No. 2 / 2011, Act No. 2 / 2011, Act No. 2 / 2011, Act No. 2 / 2011, Act No. 2 / 2011, Act No. 2 / 2011, Act No. 2 / 2011, Act No. 2 / 2011, Act No. 2 / 2011, Act No. 2 / 2011, Act No. 2 / 2011, Act No. 2 / 2011, Act No. 2 / 2011, Act.
1. In Article 16, the following paragraph 9 is added:
"(9) The Government may, in order to ensure that the conditions laid down in the frequency plan referred to in paragraph 1 or 2 are changed, which have a significant impact on the use of radio frequencies intended for the provision of the terrestrial television or radio broadcasting service, the rules, time and technical conditions, the procedure of the authorities and bodies concerned by the change in their rights or obligations and the conditions for reimbursement of costs effectively and effectively incurred by reason of the change (§ 27). '
2. In Paragraph 27, at the end of paragraph 5, the sentence "If the procedure before the Commission for public aid is to be considered as a preliminary ruling in relation to the determination of the amount or the reimbursement of the costs effectively and effectively incurred. 'is added.
3. In Paragraph 63 (1) (g), the words "which may not exceed 30 days' shall be added after the words" and the notice period '.
4. In Paragraph 63, the dot is replaced by a comma at the end of paragraph 1 and the following point (r) is added:
"(r) arrangements on the extent of possible unilateral changes and the manner in which they are notified to the participant, including notification of the possibility of withdrawal.";
5. In Article 63 (6), the third sentence is replaced by the following: "Where a change is made to the terms of a contract referred to in paragraphs 1 (c) to (p) and (r), the entrepreneur shall inform the participant in the manner agreed in the contract also of his right to terminate the contract on the date on which the amendment takes effect, without penalty if the new terms are not accepted by the participant."
6. Paragraph 63 (10) reads:
"(10) An entrepreneur providing a publicly available electronic communications service or providing a public communications network shall inform the consumer in the manner that he has chosen to send a bill, not earlier than 3 months and not later than 1 month before the expiry of the contract negotiated for a specified period, of the impending termination of the contract and of the possibilities for its extension. If the participant does not give his demonstrable consent to the renewal of the contract for a specified period, the contract shall be entered into an indefinite period. ';
7. In Article 63, paragraph 12 is added:
"(12) Where a participant makes use of the right provided for in Paragraph 34 (1), the contract shall be terminated within 10 days at the latest, which shall begin to run once the participant has made legal acts against the trader providing the publicly available electronic communications service to terminate the provision of the publicly available electronic communications service and shall submit a request for the transfer of the telephone number. This period shall not apply if the time remaining until the termination of the contract is less than 10 days or the telephone number has not been transferred. The participant may agree with the operator providing the publicly available electronic communications service at a later date of termination of the contract after the request for the transfer of the telephone number has been made. ';
8. Paragraph 100 (5) reads as follows:
"(5) If the reception of radio or television broadcasts operated on a given territory by the broadcaster or by the broadcaster in accordance with a special legislation (11), by an amateur radio communications service or electronic communications service, is interrupted, the Authority shall be entitled to impose conditions on the holder of the authorisation to use radio frequencies for such services to remove interference without delay, at the expense of the operator of the jamming equipment. In the event that interference occurs only due to insufficient resistance of the receiving device, the Office shall inform the operator of the affected receiving device of the possible conditions leading to the removal of the interference. The Authority shall publish, in a manner that allows remote access, updated information on the protection of terrestrial digital television broadcasting networks, the interference of electronic communication equipment and networks and the procedure for the application of the cancellation requirement. ';
9. In Paragraph 118, at the end of paragraph 13, the dot is replaced by a comma and the following point (n) is added:
"(n) it shall not immediately make available, for all calls to the emergency call numbers of the entity operating the service for receiving such calls, localisation and other data enabling the caller to be identified in accordance with Article 33 (5).";
10. in Article 118 (21) (b), "Article 33 (5)" is replaced by "Article 33 (6)."
11. in Paragraph 118, the following paragraph 22 is inserted after paragraph 21:
"(22) The holder of the radio frequency allocation shall commit an infringement by failing to comply with any of the conditions, commitments or obligations referred to in Article 22 (2) in the allocation decision. ';
Paragraph 22 shall become paragraph 23.
12. In Paragraph 118 (23) (a), "CZK 2 000 000" is replaced by "CZK 5 000 000."
13. In Paragraph 118 (23) (b), the amount "10 000 000 CZK" is replaced by "15 000 000 CZK or up to 5% of the net turnover of the perpetrator of the offence achieved during the last completed financial year, whichever is higher" and the text "i) to m)" is replaced by "i) to n)."
14. In Paragraph 118 (23) (c), the amount "CZK 20 000 000" is replaced by "CZK 50 000 000 or up to 10% of the net turnover of the offender of the offence achieved during the last completed financial year, whichever is higher" and the text "or 21" is replaced by "21 or 22."
15. In Paragraph 120 (3), the words "but not more than CZK 40 000 000" are deleted.
16. In Article 150 (1), the text "Article 16 (9) 'is inserted after the word" implementation'.
Transitional provisions
1. The Government provides for a technical plan for the transition of terrestrial digital television (hereinafter referred to as the "Technical Transfer Plan ') from the standard for the dissemination of DVB-T digital television (hereinafter referred to as" DVB-T standard') to the standard for the dissemination of DVB-T2 / HEVC terrestrial digital television. 265 ("DVB-T2 standard ') for the purpose of releasing radio frequencies in the 694- 790 MHz frequency band and establishing one network of electronic communications for a multiplex public service under another regulatory provision (1) in the DVB-T2 standard and three other final digital terrestrial television network networks in the DVB-T2 standard. The Government shall base its work on the results of the international coordination of radio frequencies for transition networks and final networks in the DVB-T2 standard, while taking into account transition networks.
2. The technical transition plan lays down rules for the transition of terrestrial digital television from DVB-T to DVB-T2. The technical migration plan shall specify in particular the deadlines, conditions and procedure for the development of electronic communications networks for terrestrial digital television broadcasting in DVB-T2, including the time limits, conditions and the way in which the terrestrial digital television is switched off in DVB-T, in such a way that, except where natural or justified technical barriers so permit, there is no reduction in the area covered by the terrestrial digital television signal when the terrestrial digital television is switched off in DVB-T. In addition, the technical migration plan shall set a date for radio frequency allocation holders to terminate the transmission via DVB-T networks.
3. In order to carry out the transition to DVB-T2 standard and to ensure the temporary simultaneous spread of terrestrial digital television in DVB-T and DVB-T2 standard, holders of radio frequency allocations for the spread of digital broadcasting across DVB-T shall establish a transition network. A transition network means an electronic communications network whose radio frequencies are internationally coordinated for a certain time-limited period for the purpose of simultaneously disseminating terrestrial digital television in DVB-T and DVB-T2 standards in accordance with the relevant individual authorisations for the use of radio frequencies. The holder of the authorisation to use radio frequencies for transition networks will use existing DVB-T network transmitters with such technical parameters to ensure, as far as possible, the same coverage range and the least possible negative impact on viewers within the transition to DVB-T2. An individual authorisation for the use of radio frequencies for the dissemination of terrestrial digital television transmission via transition networks shall be granted by the Czech Telecommunications Authority (hereinafter referred to as "the Authority ') at the request of the radio frequency allocation holder for the dissemination of the DVB-T terrestrial digital television broadcast allocation in the DVB-T standard, providing the transition network, so as to use the existing DVB-T platform for the dissemination of terrestrial digital television transmission through the transition networks. The individual authorisations for the use of radio frequencies for the dissemination of terrestrial digital television by means of transition networks granted by the Authority before the application of this Act, but not earlier than 20 July 2016, shall be considered as individual authorisations granted under this Act.
4. The Government shall determine the date of termination of the terrestrial digital broadcasting in DVB-T standard by the technical transition plan, but not later than 1 February 2021.
5. In order to ensure the transition to DVB-T2 standard, radio frequency allocation holders for the spread of terrestrial digital broadcasting may request a change in radio frequency allocation for the spread of terrestrial digital television. At their request, the Authority shall amend the existing radio frequency allocations in the DVB-T standard to enable the operation of the DBM network in accordance with the Technical Transition Plan, including the establishment of the data for the start of the use of radio frequencies intended for the final broadcast in the DVB-T2 standard on the same transmission stations and with such technical parameters as will ensure as far as possible the same coverage range and the lowest possible impact on viewers, including the extension of the period of validity of such changed radio frequency allocations until 31 December 2030. In such a case, the Office shall act in a similar manner as in the cases provided for in Section 22a of Act No. 127 / 2005 Coll., as effective at the date of entry into force of the Act. The change in radio frequency allocation according to the first sentence shall be requested by their holders no later than 6 months after the date of entry into force of the transition technical plan.
6. The holder of the radio frequency allocation for DVB-T across-area networks shall be entitled to reimbursement of costs effectively and effectively incurred in the context of the transition process to DVB-T2 for the technical provision of terrestrial television broadcasting services through transition networks and costs related to the change of allocation referred to in point 5. For the purpose of examining the application for reimbursement and making the reimbursement from the radio-communications account, Sections 27 (5) and (6) of Act No. 127 / 2005 Coll., as effective from the date of entry into force of this Act, shall apply.
7. Transition network operators referred to in point 3 and radio frequency allocation holders referred to in point 5 shall be entitled to reimbursement of costs effectively and effectively incurred in the process of the transition to the removal of interference of the terrestrial television network signal by networks providing mobile data connection services or the removal of interference of mobile data connection networks by the terrestrial television service. The costs referred to in the first sentence shall be considered to be the costs referred to in § 27 (6) of Act No. 127 / 2005 Coll., as effective until the date of entry into force of this Act, and the costs of the acquisition of equipment in the framework of measures to eliminate interference with the reception. For the purpose of examining the application for reimbursement and making the reimbursement from the radio-communications account, Sections 27 (5) and (6) of Act No. 127 / 2005 Coll., as effective from the date of entry into force of this Act, shall apply.
8. The reimbursement of the costs effectively and effectively incurred in accordance with points 6 and 7 shall be granted where these costs have been incurred and have been incurred by the date of termination of the network in the DVB-T standard referred to in point 2. Applications for reimbursement of costs must be submitted by the authorised body no later than 6 months from the date on which the costs are incurred, otherwise the right shall cease. The reimbursement of the costs effectively and effectively incurred pursuant to point 6 shall be granted even where these costs have been incurred and have been incurred by the holder of an individual authorisation for the use of radio frequencies for transition networks before the date of entry into force of this Law, but not earlier than 20 July 2016. The application for reimbursement of the costs referred to in the preceding sentence shall be submitted by the authorised body no later than 6 months after the date of entry into force of this Law, otherwise the law shall cease to exist.
9. Until the end of the spread of terrestrial digital television via the DVB-T standard networks referred to in point 2, the Authority may use the means of the radio communication account to monitor the status and extent of the spread of the terrestrial digital television signal, to analyse the availability of terrestrial digital television and the efficient use of radio frequencies and, where appropriate, to cover exceptional costs associated with its activities in such cases. The Authority may, within the period specified in the first sentence, use the funds of the radio-communications account to cover the costs of carrying out tasks related to the harmonisation of spectrum management in the framework of the implementation of measures resulting from the harmonisation of spectrum use at European Union level in connection with the release of the 700 MHz band for other services and in the context of the implementation of measures resulting from the Digital Broadcasting Strategy.
10. Proceedings on administrative offences or offences initiated and pending pursuant to Act No. 127 / 2005 Coll., as effective before the date of entry into force of the Act, shall be completed in accordance with Act No. 127 / 2005 Coll., as effective before the date of entry into force of the Act.
11. An entrepreneur providing a publicly available electronic communications service or providing connection to a public communications network shall be obliged to specify the contracts for the provision of a publicly available electronic communications service and the connection to a public communications network and the publication of information in accordance with Sections 63 (1) (r) and 63 (6) of Act No. 127 / 2005 Coll., as effective from the date of entry into force of this Act, within 6 months of the date of entry into force of this Act.
Amendment of the Czech Television Act
Act No. 483 / 1991 Coll., on Czech Television, as amended by Act No. 36 / 1993 Coll., Act No. 253 / 1994 Coll., Act No. 301 / 1995 Coll., Act No. 39 / 2001 Coll., Act No. 231 / 2001 Coll., Act No. 82 / 2005 Coll., Act No. 127 / 2005 Coll., Act No. 304 / 2007 Coll., Act No. 384 / 2008 Coll., Act No. 132 / 2010 Coll., Act No. 153 / 2010 Coll. and Act No. 302 / 2011 Coll., is amended as follows:
1. in Article 3 (1) (a):
"(a) operates at least 4 terrestrial digital broadcasting programmes, multimedia content and additional services via a network of terrestrial radio broadcasting equipment using radio frequencies reserved for Czech television by a state authority that manages the spectrum under special legislation (1c) (hereinafter referred to as the" public service multiplex ")."
footnote 1a is deleted.
2. in Paragraph 3 (1), point (b) is deleted;
Points (c) to (n) shall be renumbered (b) to (m).
3. In Article 3, the dot is replaced by a comma at the end of paragraph 1 and the following point (n) is added:
"(n) cinematographic works of foreign production, films and series of foreign production produced for television broadcasting, which are equipped with dubbing, broadcast simultaneously in the original version with subtitles in the Czech language, unless this is prevented by obstacles of a legal or technical nature."
4. In Article 3a (3), the words "satellites and electronic communications networks' are replaced by the words" other electronic communications networks and services'.
Transitional provisions
1. Czech television operates a multiplex public service during the transition of terrestrial digital television from the terrestrial digital television broadcasting standard DVB-T ("DVB-T standard") to the terrestrial digital television broadcasting standard DVB-T2 ("DVB-T2 standard") so that, except where natural or justified technical barriers do not permit, the DVB-T terrestrial digital television standard is switched off within a single area, there is no reduction in the area covered by the terrestrial digital television signal in the DVB-T2 standard in that area. For the purpose of operating a multiplex of public service in the context of a confluence during the transition of terrestrial digital television from DVB-T to DVB-T2 standard, individual permissions to use radio frequencies pursuant to Act No. 127 / 2005 Coll., as effective from the date of entry into force of this Act, shall be granted at the request of Czech Television. The reimbursement of the costs incurred for the operation of this DVB-T2 transition network reserved for Czech television is provided by Czech Television on the basis of the documentation provided by Czech Television for the benefit of broadcasters providing the transmission of the transition network.
2. If the Czech Television does not request a change in the allocation of radio frequencies according to Article II (5), the Czech Telecommunications Authority shall proceed to grant rights to reserved radio frequencies under Act No. 127 / 2005 Coll., as effective from the date of entry into force of this Act.
EFFECTIVE
This law shall take effect on the 15th day following its publication, with the exception of the provisions of Article 5 (1) (a) and (b). I, point 7, which shall take effect on the first day of the sixth calendar month following its publication.
v. Vondracek v. r.
Zeman v. r.
Sobotka v. r.
1) § 3 paragraph 1 (a) of Act No. 483 / 1991 Coll., on Czech Television, as amended.
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Regulation Information
| Citation | Act No. 252 / 2017 Coll., amending Act No. 127 / 2005 Coll., on Electronic Communications and on the Amendment of Certain Related Acts (Act on Electronic Communications), as amended, and Act No. 483 / 1991 Coll., on Czech Television, as amended |
|---|---|
| Regulation Type | Law |
| Author | - |
| Collection | Code of Laws |
| Date of Promulgation | 18.08.2017 |
|---|---|
| Effective from | 02.09.2017 |
| Effective until | - |
| Status | Valid |
The regulation text is for informational purposes only.
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