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Full version of Act No. 259 / 2010 Coll., Act No. 127 / 2005 Coll., on Electronic Communications and on the amendment of certain related laws (Act on Electronic Communications), as resulting from subsequent amendments — Full text of Act No. 127 / 2005 Coll., on Electronic Communications and on the amendment of certain related laws (Act on Electronic Communications), as resulting from subsequent amendments.

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Full text of Act No. 259 / 2010 Coll.

Full text of Act No. 127 / 2005 Coll., on Electronic Communications and on the amendment of certain related laws (Act on Electronic Communications), as resulting from subsequent amendments

Valid Declared full text

Text versions: 08.09.2010

ČÁST PRVNÍ HLAVA I § 1 § 2 § 3 HLAVA II § 4 § 5 § 6 HLAVA III Díl 1 § 7 § 8 Díl 2 § 9 § 10 § 11 § 12 § 13 § 14 Díl 3 § 15 § 16 § 17 § 18 § 19 § 20 § 21 § 22 § 22a § 22b § 22c § 22d § 23 § 23a § 24 § 25 § 26 Díl 4 § 27 Díl 5 § 28 § 29 § 30 § 31 § 32 § 33 § 33a § 34 § 35 § 36 § 37 Díl 6 § 38 § 39 § 40 § 41 § 42 § 43 § 44 § 45 § 46 § 47 § 48 § 49 § 50 Díl 7 § 51 § 52 § 53 Díl 8 § 54 § 55 § 56 § 57 § 58 § 59 § 60 HLAVA IV Díl 1 § 61 § 62 § 63 § 64 § 65 § 66 § 67 § 68 § 69 § 70 § 71 § 72 § 72a § 72b § 72c Díl 2 § 73 § 74 § 75 Díl 3 § 76 § 77 Díl 4 § 78 § 79 § 80 § 81 § 82 § 83 § 84 § 85 Díl 5 § 86 HLAVA V Díl 1 § 87 § 88 § 89 § 90 § 91 § 92 § 93 § 94 § 95 § 96 § 97 Díl 2 § 98 § 99 Díl 3 § 100 § 101 Díl 4 § 102 § 103 Díl 5 § 104 HLAVA VI Díl 1 § 105 § 106 § 107 § 108 § 109 § 110 § 111 § 112 § 113 § 114 § 115 Díl 2 § 116 § 117 HLAVA VII § 118 § 119 § 120 § 121 HLAVA VIII Díl 1 § 122 § 123 § 124 § 125 § 126 Díl 2 Oddíl 1 § 127 § 128 Oddíl 2 § 129 Díl 3 § 130 § 131 HLAVA IX § 132 § 133 § 134 § 134a § 135 § 136 až 149 § 150 § 151 ČÁST DRUHÁ § 152 až 178 ČÁST TŘETÍ § 179

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259

PRESIDENT OF THE GOVERNMENT

Announces

the full text of Act No. 127 / 2005 Coll., on Electronic Communications and on the amendment of certain related laws (Act on Electronic Communications), as follows from the amendments made by Act No. 290 / 2005 Coll., Act No. 361 / 2005 Coll., Act No. 186 / 2006 Coll., Act No. 235 / 2006 Coll., Act No. 310 / 2006 Coll., Act No. 110 / 2007 Coll., Act No. 261 / 2007 Coll., Act No. 124 / 2008 Coll., Act No. 177 / 2008 Coll., Act No. 153 / 2010 Coll.

THE LAW

on electronic communications and amending certain related laws (Electronic Communications Act)

Parliament has decided on this law of the Czech Republic:

ČÁST PRVNÍ

ELECTRONIC COMMUNICATION

HLAVA I

Preliminary provisions

§ 1

Subject matter

(1) This law regulates, on the basis of the law of the European Community1) the conditions of business and the exercise of public administration, including market regulation, in the field of electronic communications.

(2) This law does not apply to the content of services provided through electronic communications networks such as the content of radio and television broadcasting, financial services and certain information society services, unless otherwise specified. The separation of transmission regulation from content regulation is without prejudice to the links between them, in particular to guarantee media pluralism, cultural diversity and consumer protection.

(3) This law is without prejudice to competition regulations.

§ 2

Definition of terms

For the purposes of this Act:

(a) by anyone who has concluded a contract with an undertaking providing publicly available electronic communications services to provide such services;

(b) by any user using or requesting a publicly available electronic communications service;

(c) end-user user who does not provide public communications networks or publicly available electronic communications services;

(d) by the consumer, any natural person who uses or requests publicly available electronic communications services for purposes outside his business;

(e) an operator who provides or is entitled to provide a public communications network or associated means;

(f) by ensuring that the electronic communications network is established, operated and supervised or made available;

(g) the means assigned to the electronic communications network or service which enable or support the provision of services through that network or service; This appropriation is also intended to cover conditional access systems and electronic programme guides,

(h) electronic communications networks, transmission systems, where appropriate, connecting or routing devices and other means which enable the transmission of signals by line, radio, optical or other electromagnetic means, including satellite networks, fixed networks with circuit or packet communications and mobile terrestrial networks, electricity distribution networks to the extent that they are used for the transmission of signals, radio and television networks and cable networks, irrespective of the type of information transmitted,

(i) electronic communication equipment of a technical device for transmitting, transmitting, routing, connecting or receiving signals by means of electromagnetic waves;

(j) a public communications network for the electronic communications network which serves wholly or principally to provide publicly available electronic communications services;

(k) the public telephone network shall have an electronic communications network which serves to provide publicly available telephone services and which allows the transmission of spoken language and other forms of communication, such as facsimile and data transmission, between the end points of the network;

(l) Interface

1. the end point of the public communications network;

2. an interface for connecting or accessing public communications networks; or

3. Radio interface for radio wave travel between radio devices,

and their technical specifications,

(m) the end point of the network the physical point at which the participant is granted access to the public communications network; in the case of networks involving commuter or routing, this point is determined by a specific network address which may be associated with the number or name of the participant;

(n) an electronic communications service normally provided for remuneration, consisting wholly or mainly of the transmission of signals on electronic communications networks, including telecommunications services and transmission services on networks used for radio and television broadcasting and on cable television networks, with the exception of services which offer content through electronic communications networks and services or perform editorial surveillance over the content transmitted by networks and electronic communications services; does not include information society services which do not consist wholly or principally in the transmission of signals on electronic communications networks,

(o) a publicly available electronic communications service, the use of which is not excluded;

(p) a publicly available electronic communications service enabling national and international calls to be made and access to emergency numbers by means of one or more numbers of the numbering plan; the service may include, where appropriate, the provision of one or more of the following services:

1. operator services,

2. telephone number information services,

3. the keeping of telephone lists,

4. provision of public telephone machines,

5. ancillary services referred to in § 38 (2) (g);

6. the provision of special telecommunications terminal equipment for disabled persons or with special social needs; or

7. access to services with geographically unbound numbers,

(q) a universal service package provided for in § 38, which is available in a specified quality to all end-users throughout the country at an affordable price; the price available is the price taking into account the level of consumer prices and the income of the population;

(r) a radio communications service communication activity consisting of the transmission, transmission or reception of signals by radio waves;

(s) by calling a connection via a publicly available telephone service which allows for two-way real-time communication;

(t) unsuccessful call attempts are those calls that have been successfully connected but remain unresponsive or have been affected by a legal or natural person providing a public communications network or providing a publicly available electronic communications service;

(u) harmful interference by interference which threatens the functionality of the radio navigation service or other security providing radio communications services, or which otherwise seriously imposes, prevents or repeatedly interrupts radio communications services operated in accordance with this Act and other legislation;

(v) network integrity, functionality and operability of interconnected electronic communications networks, protection of those networks against disturbances caused by electromagnetic interference or operational loads;

(w) the interoperability of the service by setting the transmission parameters of the service and the interface enabling communication between end-users or between end-user and operator providing the service through technologically different electronic communications networks;

(x) regulations governing the regulation of communication activities and relations with a view to achieving and maintaining a competitive environment, the protection of the electronic communications market, including the protection of users of electronic communications services, the issuing of decisions, general measures and opinions under this law and within its limits.

§ 3

(1) The Czech Telecommunications Office (hereinafter referred to as the Office) is hereby established as the central administrative office for the exercise of public administration in matters governed by this Act, including the regulation of the market and the establishment of conditions for electronic communications business and postal services (2).

(2) Prague is the seat of the Office.

(3) The Office is an entity. The Office has a separate chapter in the state budget of the Czech Republic.

HLAVA II

Objectives and basic principles of regulation

§ 4

The regulation is implemented in order to replace the lack of competition effects, to create conditions for the proper functioning of competition and to protect users and other market participants until a fully competitive environment is achieved.

§ 5

(1) The Ministry of Industry and Trade ("the Ministry") and the Office promote competition in the provision of electronic communications networks and services and associated means and ancillary services to entrepreneurs, in particular by:

(a) ensure that users, including disabled users, receive maximum benefits in terms of choice of service, price and quality;

(b) ensure that there is no distortion or restriction of competition in the electronic communications sector;

(d) ensure efficient management and efficient use of radio frequencies and numbers.

(2) The Ministry and the Office contribute to the development of the internal market of the European Communities in particular by:

(a) in their decision-making, remove barriers to the provision of electronic communications networks, associated means and ancillary services and the provision of electronic communications services between Member States of the European Union (hereinafter referred to as "Member State");

(b) in their decision-making, promote the establishment and development of trans-European networks and the interoperability of pan-European services between Member States;

(c) ensure that, under comparable conditions, there is no discrimination between undertakings providing electronic communications networks or services; and

(d) cooperate in accordance with the principle of transparency with the national regulatory authorities of other Member States and with the Commission of the European Communities (hereinafter referred to as the Commission) to ensure uniform regulatory practice in the application of the relevant Directives of the European Communities.

(3) The Office further promotes the interests of end-users, in particular by:

(a) ensure that all end-users have access to universal service pursuant to Paragraph 38;

(b) ensure a high level of consumer protection in accordance with the provisions of this law;

(d) promote the provision of clearly formulated information, in particular by promoting price transparency and conditions for the use of publicly available electronic communications services;

(e) address the needs of disabled end-users or low-income persons in accordance with the provisions of this law; and

(f) promote the preservation of the integrity and security of public communications networks.

(4) In order to achieve the objectives referred to in paragraphs 1 to 3, the Ministry and the Office shall, in particular, follow the principles of non-discrimination, objectivity, technological neutrality, transparency and proportionality set out in Section 6. The provisions of this Act concerning the regulatory activities of the Office in the field of electronic communications networks and services should be interpreted in doubt of their importance in accordance with these principles.

§ 6

(1) The Ministry and the Office must not confer an advantage on one entrepreneur or user, or on a group of entrepreneurs or users, at the expense of other entrepreneurs or users, without acting on the basis of this Act and this behaviour was justified by differences in the status of the persons concerned. Any difference in treatment must comply with this law.

(2) The Authority is required to monitor and evaluate on an ongoing basis the effects of the remedies imposed on each relevant market, even between their analyses carried out under this law. If they find that the remedies imposed have an adverse effect on the markets, distort them disproportionately or have no cause to impose them, they shall immediately withdraw them.

(3) The Ministry and the Office are obliged to take into account the need for technologically neutral regulation; technologically neutral regulation means regulation which does not impose an obligation to use a particular type of technology and does not favour any type of technology.

(4) As part of the implementation of the principle of transparency, the Office, unless otherwise provided for by this law, shall be bound by:

(a) to provide businesses providing publicly available electronic communications services and users in advance with all the information that is relevant for the assessment of the case and the provision of which does not prevent the provision of the provisions of the special legislature3) in order to allow for predictability of the Office's conduct in cases where that law links the law or the obligation of the Office to act with a particular condition;

(b) duly justify measures of a general nature and decisions, including price decisions.

HLAVA III

Regulation of communication activities

Díl 1

Communication and business activities

§ 7

(1) Communication activities are:

(a) the provision of electronic communications networks;

(b) the provision of electronic communications services;

(2) The provision of a public communications network, the provision of a publicly available electronic communications service and the provision of electronic communications networks for the purpose of State security shall take place in the public interest.

§ 8

(1) Entrepreneurship in electronic communications

(a) the provision of public communications networks;

(b) the provision of electronic communications services.

(2) Under the conditions laid down by this Act, natural and legal persons fulfilling the general conditions may do business in electronic communications in the Czech Republic. Entrepreneurship shall be granted to such persons on the date of receipt of the notification of an undertaking which fulfils the requirements of Paragraph 13, unless otherwise provided for in this law.

(3) General conditions for electronic communications business

(a) for natural persons aged at least 18 years;

(b) for natural persons, full legal capacity;

(d) the presentation of proof that the natural or legal person does not have arrears in taxes or levies, fees, fees, fees, fines and periodic penalty payments, including the costs of proceedings collected and enforced by the territorial tax authorities under special legislation4). The document shall be drawn up locally by the competent tax office,

(e) the fact that a natural or legal person does not have an underpayment in respect of insurance premiums and periodic penalty payments in respect of public health insurance or insurance premiums and social security periodic penalty payments and contributions to national employment policy, except where repayment in instalments has been authorised and is not late in payment of payments. This fact shall be documented by a natural or legal person by a declaration of honour.

(4) For the purposes of this law, those who have not been convicted shall be deemed to be righteous.

(a) for an offence committed intentionally for an unconditional prison sentence of at least 1 year;

(b) for an offence committed intentionally, the nature of which is linked to an enterprise and which is not covered by point (a); or

or they look at him as if he were not condemned 5).

(5) For a legal person, the condition of integrity referred to in paragraph 4 shall also be met by the person entitled to act on his behalf.

(6) The integrity is evidenced by an extract from the Register of Penalties. A natural person who is not a national citizen of the Czech Republic attests integrity to an extract of a record similar to the Register of Penalties issued by the State of which he is a citizen, as well as documents issued by States in which he has remained continuously for more than 3 months in the last 3 years. Such documents may not exceed 3 months. The Office shall, in order to demonstrate the integrity of the proceedings, request, in accordance with the specific legislation of the 5 (a), an extract from the Register of Penalties. An application for an extract from the Register of Penalties and an extract from the Register of Penalties shall be sent in electronic form in a way that allows remote access.

Díl 2

General authorisation

§ 9

Issue of a general authorisation

(1) A general authorisation is a measure of a general nature of the Office which lays down the conditions for the exercise of communication activities relating to all or certain types of electronic communications networks and services and to the operation of instruments and which is binding on natural and legal persons carrying out activities pursuant to Section 7.

(2) The Authority is empowered to issue a general authorisation for the provision of electronic communications networks and associated means, for the provision of electronic communications services, for the operation of instruments and for the use of radio frequencies for which no individual authorisation for the use of radio frequencies is necessary (§ 17).

§ 10

Conditions laid down by the general authorisation

(1) By general authorisation, the Authority lays down specific conditions concerning:

(a) interoperability of services and networking;

(b) ensuring the availability and use of numbers from the numbering plan for end-users, including the conditions for their use;

(c) environmental protection, spatial planning, access to real estate, including their use, joint location or sharing of equipment, including, where applicable, any financial or technical guarantees necessary for the execution of the work;

(d) the obligation to provide a service for the dissemination of a designated radio or television programme and the related service referred to in Article 72;

(e) the protection of personal data and privacy;

(f) consumer protection;

(g) restrictions in relation to the transmission of content which constitutes an infringement;

(h) information notified by bodies pursuant to this Act, specific legislation or directly applicable European CommunityRegulation (5a);

(i) the provision of electronic communications networks in a state of danger, an emergency state, a state of threat (6) and a state of war (7) (hereinafter referred to as "crisis situations");

(j) protection of citizens against the harmful effects of electromagnetic radiation caused by electronic communications networks (8);

(k) ensuring the integrity of public communications networks and preventing electromagnetic interference between electronic communications networks or services;

(l) protection of public communications networks against unauthorised access pursuant to Paragraph 89 (1);

(m) the use of radio frequencies with regard to the efficient use of radio spectrum and the prevention of harmful interference;

(n) performance of the obligation under Paragraph 62; or

(o) the performance of obligations under § 97.

(2) The conditions referred to in paragraph 1 shall be laid down by the Office in a general authorisation only if this law or specific legislation does not provide for them.

§ 11

Specific obligations

(1) The Office may, under the conditions laid down by law, impose specific obligations on legal or natural persons carrying out communication activities, separately from those laid down in the general authorisation and after consultation in accordance with Sections 130 and 131.

(2) The special obligations referred to in paragraph 1 are:

(a) obligations relating to the provision of universal service under Part 6 of this Title;

(b) the obligations referred to in Article 51 (3), (4), (8) and (9),

(d) obligations relating to the conditional access system (§ 83).

(3) Information on the imposition of specific obligations shall be published by the Office.

§ 12

Amendment and revocation of general authorisation

The Authority shall amend or revoke the general authorisation in accordance with the procedure laid down in Sections 130 and 131 in justified cases. Justified cases shall mean:

(a) a change in the facts on the basis of which the general authorisation was issued;

b) compliance with obligations arising from the Czech Republic's membership of international organisations;

§ 13

Notification of business

(1) A natural and legal person intending to carry out a communication activity which is an electronic communications business is obliged to notify this fact in advance in writing to the Office (hereinafter referred to as "notification"). The notification shall be made on the date of its delivery to the Office.

(2) The natural person shall indicate in the notification the name and surname or, where appropriate, the business name, place of permanent residence or temporary residence over 90 days in the territory of the Czech Republic or, where applicable, residence abroad (hereinafter referred to as "residence") and the identification number of the person (hereinafter referred to as "identification number"), if assigned.

(3) The legal person shall indicate in the notification the business name, registered office or registered office of the organisational body in the Czech Republic, the identification number, if any, of the person authorised to act on behalf of that legal person.

(4) The natural and legal person shall also indicate in the notification:

(a) the definition of the type and geographical scope of the public communications network it intends to provide and the description of the electronic communications service it intends to provide, including the network data through which the service will be provided, with reference to the relevant general authorisation;

(b) the date on which the public communications network or electronic communications service is expected to start;

(5) The natural and legal person shall also, upon notification, demonstrate compliance with the general conditions laid down in Article 8 (3) and the payment of the administrative fee.

(6) A natural and legal person who has fulfilled the notification requirement under paragraphs 2 to 5 shall be required to inform the Office in writing without delay of any changes to the information contained in the notification.

(7) A natural and legal person who has ceased to carry out a communication activity under a general authorisation shall, within 1 week of the end of the communication activity, notify the Office accordingly, in accordance with paragraph 1.

(8) An entrepreneur requesting access or interconnection shall not be obliged to notify the Office of the implementation of communication activities unless it provides an electronic communications service in the Czech Republic or provides an electronic communications network.

§ 14

Certificates and records of entrepreneurs

(1) Within 1 week of receipt of the notification, the Office shall issue to the person referred to in Article 13 (1) a certificate certifying that that person has submitted a notification pursuant to Article 13 and shall at the same time assign an identification number to it if it has not yet been allocated to it; the identification number shall be provided to the Office by the registry administrator of the person-10a). If the notification does not comply with the requirements laid down in Paragraph 13, the Office shall immediately invite the person concerned to supplement it within a period of no less than 14 days. The Office shall not issue a certificate if it fails to comply with the notification requirements after the expiry of that period, shall suspend the procedure and inform the person concerned accordingly.

(2) The Office shall indicate in the certificate referred to in paragraph 1:

(a) the following identification data:

1. in the case of a natural person, the name and surname and, where applicable, the business name, address and identification number;

2. in the case of a legal person, the business firm, the registered office or, where applicable, the registered office of the organizational branch in the Czech Republic, the identification number,

(b) the definition of the type and territorial scope of the electronic communications network or of the electronic communications service the provision or provision of which has been notified and whether the notifier has been authorised in accordance with Sections 79 and 104.

(3) The Office shall keep in electronic form a database of natural and legal persons who have complied with the notification requirement under Article 13 (1). The database shall contain data to the maximum extent specified in paragraphs 2 and 4. The database shall be publicly accessible in a way that allows remote access.

(4) Where a person listed in the database is required to provide services for emergency situations, the Office shall indicate this in the database.

(5) At the request of the person referred to in Article 13 (6), the Office shall issue a certificate of notification of the change to the notified data within the scope of paragraph 2. The issue of this certificate shall be subject to the payment of an administrative fee.

Díl 3

Radio spectrum management

§ 15

Obligations of the Office

(1) In order to ensure the management and efficient use of radio frequencies, the Authority shall exercise the management of radio spectrum which is in line with the harmonising intentions of the European Communities (hereinafter referred to as the Community). Radio spectrum means electromagnetic waves with frequencies ranging from 9 kHz to 3 000 GHz spread through space without special guidance.

(2) Radio spectrum management means the drawing up of a draft frequency band allocation plan (national frequency table) and its amendments, the drawing up of a radio spectrum use plan, the granting of individual authorisation for the use of radio frequencies, the granting of radio frequency allocation, the granting of consent to the transfer of rights resulting from the allocation of radio frequencies, the allocation of call signs and identification numbers and codes, the coordination of radio frequencies and frequency bands, and the control of the use of radio spectrum. The Authority shall be responsible for the efficient use of radio spectrum management.

(3) The use of radio frequencies means their use for a radio communications service or for the provision of an electronic communications network through which electronic communications services or radio communications services are provided.

(4) The use of radio frequencies shall take place in accordance with the law, the allocation plan for frequency bands (national frequency table), the radio spectrum use plan, the allocation of radio frequencies and the individual authorisation to use radio frequencies, and, where appropriate, the general authorisation.

(5) The Authority shall keep a database of allocated radio frequencies, individual authorisations issued for the use of radio frequencies and radio frequency allocations issued, containing in particular the decision numbers by which radio frequencies have been allocated, including the period for which they have been allocated. The database shall be publicly accessible in a way that allows remote access. Public access not to radio frequency data allocated

(a) the Ministry of Interior for State Security;

(b) The police of the Czech Republic for the purposes of State security,

d) Prison services and judicial guards of the Czech Republic,

(e) the Czech Fire Department,

(f) Ministry of Defence for military purposes.

(6) The Authority provides information to the Radio Spectrum Information System 10a).

§ 16

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Regulation Information

Citation	Full version of Act No. 259 / 2010 Coll., Act No. 127 / 2005 Coll., on Electronic Communications and on the amendment of certain related laws (Act on Electronic Communications), as resulting from subsequent amendments
Regulation Type	Declared full text
Author	-
Collection	Code of Laws

Date of Promulgation	08.09.2010
Effective from	-
Effective until	-
Status	Valid

Legal Areas: Security Taxes Finance Competition Information, Data, Data Culture International law International public law Civil law Civil law substantive Civil law of procedure Commercial law State Defence Fees Labour law Industrial rights Budget Judicial and Public Prosecutor's Office Administrative offences Administrative authorities Administrative law Government Construction Telecommunications, Communications, Mail Constitutional (state) law Water, Water management Fundamental human rights Business Eligibility for the pursuit of certain professions (activities)

The regulation text is for informational purposes only.