Act No. 258 / 2014 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. 29 / 2000 Coll., on postal services and on the amendment of certain laws (Act on postal services), as amended
Valid
Law
Effective from 04.12.2014
Text versions:
04.12.2014
19.11.2014
258
THE LAW
of 22 October 2014
amending Act No. 127 / 2005 Coll., on electronic communications and amending certain related laws (Act on electronic communications), as amended, and Act No. 29 / 2000 Coll., on postal services and amending certain laws (Act on postal services), as amended
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. 420 / 2011 Coll., Act No. 310 / 2006 Coll., Act No. 110 / 2007 Coll., Act No. 261 / 2007 Coll., Act No. 137 / 2007 Coll., Act No. 341 / 2011 Coll., Act No. 124 / 2008 Coll., Act No. 177 / 2008 Coll., Act No. 153 / 2010 Coll., Act No. 153 / 2010 Coll., Act No. 247 / 2008 Coll.
1. in Paragraph 10 (1) (h), including footnote 65:
"(h) information notified by bodies under this Act, specific legislation or directly applicable European Union65),
65) Regulation (EU) No 531 / 2012 of the European Parliament and of the Council of 13 June 2012 on roaming on public mobile communications networks in the Union. '
2. In Article 15 (5), the word "State 'is deleted.
3. in Article 63 (1) (p):
"(p) in the case of termination of a contract before the end of the period for which the contract is concluded, either by notice or by agreement of the parties, information on the amount of remuneration which, in the case of a contract concluded with the consumer, may not exceed 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 agreed duration of the contract, and the amount of reimbursement of the costs associated with the telecommunications terminal provided to the participant on favourable terms."
4. Paragraph 63 (6) reads:
"(6) An entrepreneur providing a publicly available electronic communications service or providing connection to a public communications network shall be obliged to publish, at least 1 month before the contract amendment takes effect, information on that change in each of his premises and in a way that allows remote access. At the same time, the entrepreneur shall inform the participant of the publication. In the case of a material amendment to a contract leading to a deterioration in the status of a participant, the entrepreneur shall be obliged to provide evidence of the participant whose contract contains a provision for reimbursement in the event of termination of the contract before the expiry of the term of the contract, as well as of his right to terminate the contract on the date on which the change takes effect, without such reimbursement if the new terms are not accepted by the participant. The information shall be provided by the entrepreneur in the manner chosen by the participant to send the bill. The right to terminate the contract under this provision shall not arise if there is a change in the contract following a change in the legislation or in the event of a change in the contract referred to in paragraph 5. ';
5. In Paragraph 63 (9), the word "participant 'is replaced by" consumer' and the word "participant 'is replaced by" consumer'.
6. In Paragraph 63 (10), the word "participant 'is replaced by" consumer'.
7. In Paragraph 63 (11), the words "with the consumer 'shall be inserted after the words" closed'.
8. In Paragraph 88 (3), the last sentence is deleted.
9. In Article 108 (1) (m), the word "State 'is deleted.
10. The heading above Section 113 reads: "Electronic Communications Control."
11. in Article 113 (1), the word "State" shall be deleted;
12. in Paragraph 113, paragraphs 2, 10 and 11 are deleted;
Paragraphs 3 to 9 shall be renumbered paragraphs 2 to 8.
13. In Paragraph 113, the words "and numbers' shall be added at the end of the text of paragraph 2.
14. in Article 113 (3), the words "authorised persons" shall be replaced by the words "controlling persons."
15. in Paragraph 113 (4), the words "authorised persons" shall be replaced by "authorised persons"; the words "authorised persons" shall be replaced by "authorised persons"; and the words "authorised persons" shall be replaced by "Controlling persons";
16. in Paragraph 113 (8):
"(8) The authorisation for inspection may take the form of a licence, the model of which shall be laid down in the implementing legislation. ';
17. in Paragraph 113, the following paragraph 9 is added:
"(9) When checking numbers, the Office shall ascertain compliance with the conditions laid down for their use by this Act, implementing legislation, general measures and decisions adopted pursuant to this Act. The number check shall, as a general rule, be carried out without prior warning of persons using such numbers for the provision of services or access to electronic communications networks. ';
18. In the first sentence of Paragraph 114 (1), the words "the obliged person 'are replaced by the words" the person carrying out the communication activity under this law (the obliged person)'.
19. in Article 118 (1) (l), "§ 85 (7)" is replaced by "§ 85 (6)," and after "Office by" the words "§ 9 (2), § 16 (2)," are inserted;
20. in Paragraph 118 (5) (a), the words "the time limit laid down by the Office of deficiencies detected in the exercise of State control of electronic communications" shall be replaced by the words "the time limit laid down by the Office of deficiencies detected in the exercise of State control of electronic communications."
21. in Paragraph 118 (8), points (l) to (n) are deleted;
Points (o) and (p) shall be renumbered as points (l) and (m).
22. in Paragraph 118 (12), the word "or" shall be deleted at the end of point (l);
23. In Article 118, at the end of paragraph 12, the dot is replaced by a comma and the following points (n) and (o) are added:
"(n) contrary to the directly applicable European Union roaming regulation on public mobile communications networks in Unii65)
1. does not set prices for the provision of electronic communications services;
2. does not provide electronic communications services under specified conditions;
3. does not ensure transparency of the retail price of roaming;
4. does not introduce separate sales of roaming services under specified conditions; or
5. does not carry out separate sales of roaming services; or
(o) contrary to the directly applicable European Union regulation governing the separate sale of regulated retail roaming services in Unii66)
1. implement a technical solution for the separate sale of roaming services in a manner other than that specified; or
2. does not provide information to users.
66) Commission Implementing Regulation (EU) No 1203 / 2012 of 14 December 2012 on the separate sale of regulated retail roaming services in the Union. '.
24. in Paragraph 118 (13), the word "or" shall be deleted at the end of point (k).
25. In Paragraph 118, at the end of paragraph 13, the dot is replaced by "or 'and the following point (m) is added:
"(m) fails to comply with the obligation to allow wholesale roaming access under the conditions set out in the directly applicable European Union Regulation on roaming on public mobile communications networks in Unii65.";
26. in Paragraph 118 (14), the following point (e) is inserted after point (d):
"(e) infringes the obligation to remain silent pursuant to Paragraph 97 (8),"
Points (e) to (ac) shall be renumbered as points (f) to (ad).
27. in Paragraph 118 (14) (ac), the word "participant" is replaced by the word "consumer."
28. in Article 118 (22) (b), "paragraphs 8 (d) to (p), 10 (j) to (r), 12 (f) to (m), 13 (i) to (l), 14 (j) to (ac)" shall be replaced by "paragraphs 8 (d) to (m), 10 (j) to (r), 12 (f) to (o), 13 (i) to (m), 14 (k) to (ad)";
29. in Paragraph 118 (22) (c), "paragraphs 14 (a) to (i)" shall be replaced by "paragraphs 14 (a) to (j)";
30. in § 119 (1) (m), the words "§ 9 (2), § 16 (2)" shall be inserted after the words "by the Office";
31. in Article 119 (6) (a), the words "the time limit laid down by the Office of deficiencies detected in the exercise of State control of electronic communications" shall be replaced by the words "the time limit laid down by the Office of deficiencies detected in the exercise of State control of electronic communications."
32. in Article 150 (2), "§ 113 (9)" is replaced by "§ 113 (8)";
Amendment of the Postal Services Act
Act No. 29 / 2000 Coll., on Postal Services and on the amendment of certain laws (Act on Postal Services), as amended by Act No. 517 / 2002 Coll., Act No. 225 / 2003 Coll., Act No. 501 / 2004 Coll., Act No. 95 / 2005 Coll., Act No. 413 / 2005 Coll., Act No. 444 / 2005 Coll., Act No. 264 / 2006 Coll., Act No. 110 / 2007 Coll., Act No. 41 / 2009 Coll., Act No. 221 / 2009 Coll., Act No. 212 / 2013 Coll., amended as follows:
1. In Paragraph 32a (2), footnote 14a is deleted, including the footnote reference.
2. In Paragraph 32a (4), the second sentence is deleted.
3. in Article 32b (2), the words "under special legislation 14a)" shall be deleted;
4. in Paragraph 36a (1) (h), the word "State" shall be deleted;
5. in Paragraph 37 (2) (a), including footnote 26:
"(a) by carrying out26); the control mandate may take the form of a licence, the model of which shall be laid down in the implementing legislation,
26) Act No. 255 / 2012 Coll., on Control (Control Regulations). '.
6. in Article 37a (1), the following point (a) is inserted:
"(a) infringes one of the obligations laid down in Paragraph 16 (1);"
Points (a) to (e) shall be renumbered (b) to (f).
7. in Article 37a (4) (a), "paragraph 1 (b), (c) or (e)" is replaced by "paragraph 1 (c), (d) or (f)";
8. in Paragraph 37a (4) (b), "paragraph 1 (a)" is replaced by "paragraph 1 (a) or (b)" and "f) and (l)" is replaced by "f) or (l)."
9. in Paragraph 37a (4) (c), "paragraph 1 (d)" is replaced by "paragraph 1 (e)."
10. in Paragraph 41, the following paragraph 3 is added:
"(3) The Ministry of Industry and Trade shall issue a decree implementing Section 37 (2) (a)."
EFFECTIVE
This Act shall take effect on the 15th day following its publication.
Hamlet v. r.
Zeman v. r.
Sobotka v. r.
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Regulation Information
| Citation | Act No. 258 / 2014 Coll., 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. 29 / 2000 Coll., on postal services and on the amendment of certain laws (Act on postal services), as amended |
|---|---|
| Regulation Type | Law |
| Author | - |
| Collection | Code of Laws |
| Date of Promulgation | 19.11.2014 |
|---|---|
| Effective from | 04.12.2014 |
| Effective until | - |
| Status | Valid |
The regulation text is for informational purposes only.
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