Act No. 311 / 2019 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 01.04.2020
311
THE LAW
of 30 October 2019
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:
Amendment to the Electronic Communications Act
Act No. 2 / 2011, Act No. 5 / 2011, Act No. 5 / 2011, Act No. 5 / 2011, Act No. 5 / 2011, Act No. 5 / 2011, Act No. 5 / 2011, Act No. 5 / 2011, Act No. 5 / 2011, Act No. 5 / 2011, Act No. 5 / 2011, Act No. 5 / 2011, Act No. 5 / 2011, Act No. 5 / 2011, Act No. 5 / 2011, Act No. 5 / 2011, Act No. 5 / 2011, Act No. 5 / 2011, Act No. 6 / 2011, Act No. 5 / 2011, Act No. 5 / 2011, Act No. 5 / 2011, Act No. 5 / 2011, Act No. 5 / 2011, Act No. 5 / 2011, Act No. 5 / 2011, Act No. 5 / 2011, Act No. 5 / 2011, Act No. 5 / 2011, Act No. 5 / 2011, Act No. 5 / 2011, Act No. 5 / 2011, Act No. 15 / 2011, Act No. 15 / 2011, Act.
1. In Paragraph 34 (1), the word "free of charge" shall be inserted after the word "could."
2. In Article 34, paragraphs 6 to 9 are added:
"(6) A participant intending to conclude a contract for the provision of a publicly available electronic communications service or connection to a public communications network with a provider providing a public communications network or providing a publicly available electronic communications service other than that with which it has a contract for the provision of a publicly available electronic communications service or connection to a public communications network (hereinafter referred to as the" receiving service provider ') may at the same time request the receiving service provider to ensure the transfer of a telephone number. The application shall specify in particular:
(a) participant identification data;
(b) an entrepreneur still providing a public communications network to a participant or providing a publicly available electronic communications service (the "abandoned service provider");
(c) the telephone number for which the transfer is sought;
(d) a participant verification code for the transfer of a telephone number issued by an abandoned service provider (hereinafter referred to as the participant verification code); and
(e) the date on which the transfer of the telephone number is to take place; the receiving service provider shall ensure, without delay after the conditions of portability of the telephone number, that the operations necessary for the transfer of the telephone number are carried out and shall inform the subscriber of the date on which the transfer of the telephone number is to take place, which shall also be the date of termination of the contractual relationship with the abandoned service provider.
(7) The receiving service provider shall be entitled to verify the identity of the participant before requesting on its behalf an abandoned service provider to transfer the telephone number; If a participant does not provide the necessary cooperation at the call of the receiving service provider in verifying its identity, it shall be viewed as if it had not requested the transfer of the telephone number.
(8) The receiving service provider shall, within one working day of receipt of the participant's request pursuant to paragraph 6, inform the abandoned service provider of the participant's request for the transfer of the telephone number, including the participant's verification code, and the date of termination of the contract pursuant to paragraph 63 (12) and shall ensure that the services provided by them are directly linked.
(9) At the request of a consumer using a pre-paid service, the service provider leaving the service shall return the balance of the subscription at the latest within 30 days of the end of the contract. Repayment of the balance may be charged only if it is stated in the contract and the amount of the charge shall correspond to the actual costs that the abandoned service provider has shown to have incurred when the balance is returned. ';
3. In Article 55 (3), the words "Article 34 or 'are deleted.
4. In Article 57 (4), the words "Article 34 or 'and the last sentence are deleted.
5. in Paragraph 63 (1) (o):
"(o) the participant's verification code and the conditions for transferring the telephone number;"
6. in Paragraph 63 (1) (p):
"(p) in the event of termination of the contract before the expiry of the period for which the contract is concluded, whether by denunciation or by agreement of the Contracting Parties,
1. information on the amount of remuneration which may be required in the case of a contract with a consumer only if the contract expires within three months of the conclusion of the contract, and which may not exceed one twentieth of the sum of the monthly flat rates remaining until the end of the agreed contract period or one twentieth of the sum of the minimum agreed monthly transactions remaining until the end of the agreed contract period, the amount of remuneration being calculated on the basis of the amount paid during the contract period, and where a discount is provided against the price list price, the amount of the price remuneration cannot be determined; and
2. the amount of the costs associated with the telecommunications terminal provided to the participant on favourable terms; ';
7. Paragraph 63 (12) reads:
"(12) If a participant makes use of the right provided for in Paragraph 34 (1), the contract shall be terminated no later than the beginning of the first working day following the expiry of the 2 working days period, which shall start as soon as the receiving service provider informs the abandoned service provider pursuant to Paragraph 34 (8). This time limit shall not apply if the time remaining until the termination of the contract is shorter or the telephone number has not been transferred. ';
8. In Paragraph 63, the following paragraph 13 is added:
"(13) The provisions of paragraph 1 (p) and paragraphs 7 and 9 to 11 shall apply, alongside the consumer, to the natural person involved."
9. The following Section 66a is inserted after Section 66:
(1) The Authority will publish, in a manner that allows remote access, a free independent comparative tool that allows the comparison and assessment of the various publicly available electronic communications services ("the benchmark") in terms of:
(a) prices for the provision of services; and
(b) the quality of the service provided where the minimum quality of the service is offered or where the service provider is obliged to disclose such information pursuant to § 71.
(2) The comparative instrument referred to in paragraph 1 must:
(a) be operationally independent from entrepreneurs providing publicly available electronic communications services;
(b) clearly state the identification data of the operator of the comparative instrument;
(c) establish clear and objective criteria on which the comparison will be based;
(d) provide accurate and up-to-date information and indicate the time of the last update;
(e) be open to any entrepreneur providing publicly available electronic communications services, making available relevant information and containing a wide range of offers covering a significant part of the market and, if the information displayed does not represent a complete overview of the market, a clear statement to that effect before the results are displayed;
(f) offer an effective procedure for reporting incorrect information;
(g) include the possibility of comparing the prices and quality of the services provided between and between offers available to consumers and standard publicly available offers to other end-users.
(3) The Authority may ensure the operation of the comparative instrument referred to in paragraph 1 by certifying the provider of the benchmark instrument which meets the requirements referred to in paragraph 2.
(4) Entrepreneurs providing publicly available electronic communications services shall be required to transmit to the Office or the provider of the comparative instrument all information necessary to ensure the comparative instrument.
(5) The scope, form and manner of transmission of the information referred to in paragraph 4 shall be laid down in implementing legislation. "
10. In Paragraph 104 (4), the sentence "This shall also apply where the construction for which the right is expropriated is established or has already been established and the establishment of a service has not been thwarted by an entrepreneur providing a public communications network."
11. in Article 118 (12), the words "or Article 66a (4)" shall be added at the end of the text of point (b).
12. in Article 118 (12) (p) (1), the word "or" shall be deleted;
13. in Article 118 (12) (p), at the end of point 3, the dot is replaced by a comma and the following points 4 to 8 are added:
'4. Charges consumers for regulated communications within the Union at prices exceeding those laid down in this Regulation;
5. does not inform consumers in advance of the nature of the advantages which would result from the choice of a tariff other than that provided for in this Regulation;
6. does not automatically change the consumer tariff to that provided for in this Regulation if the prices charged on the basis of the existing consumer tariff exceed the amounts laid down in this Regulation and the consumer does not express within two months of the entry into force of this Act that he wishes to maintain the current tariff,
7. does not allow the consumer, within one working day of receipt of the request, to switch from or to the tariff provided for in this Regulation; or
8. shall not ensure that such transition does not include conditions or restrictions relating to elements of a participating contract other than regulated communication within the Union. ';
14. footnote 69 reads:
"(69) Regulation (EU) 2015 / 2120 of the European Parliament and of the Council of 25 November 2015 laying down measures concerning access to the Internet and the retail price of regulated communications within the Union and amending Directive 2002 / 22 / EC and Regulation (EU) No 531 / 2012, as amended. ';
15. in Paragraph 118 (12) (p), the word "or" shall be added at the end of the text of point 2.
16. in Article 118 (12) (p), points 4 to 8 are deleted;
17. In Paragraph 118, at the end of paragraph 14, the dot is replaced by a comma and the following point (af) is added:
"(af) fails to notify the abandoned service provider pursuant to § 34 (8) or, contrary to § 34 (8), does not ensure the direct continuity of the services."
18. in Paragraph 118 (23) (b), the words "or af) shall be inserted after the words" paragraphs 14 (k) to (ad). "
19. in Article 150 (5), the words "Article 66a (5)" shall be inserted after the words "Article 64 (13)."
Transitional provision
A comparative instrument pursuant to Section 66a of Act No. 127 / 2005 Coll., as effective from the date of entry into force of the Act, the Czech Telecommunications Office shall publish or ensure its operation by certification pursuant to Section 66a (3) of the Act No. 127 / 2005 Coll., as effective from the date of entry into force of the Act, within 9 months of the date of entry into force of the Act.
Efficacy
This Act shall take effect on 1 April 2020, with the exception of Article I (12) to (14), which shall take effect on the date of its publication, and points 15 and 16, which shall take effect on 15 May 2024.
z. Filip v. r.
Zeman v. r.
Babiš v. r.
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Regulation Information
| Citation | Act No. 311 / 2019 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 | 28.11.2019 |
|---|---|
| Effective from | 01.04.2020 |
| Effective until | - |
| Status | Valid |
The regulation text is for informational purposes only.
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