Act No. 468 / 2011 Coll.
Act amending Act No. 127 / 2005 Coll., on Electronic Communications and amending certain related laws (Act on Electronic Communications), as amended, and certain other laws
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Law
Effective from 01.01.2012
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468
THE LAW
of 6 December 2011
amending Act No. 127 / 2005 Coll., on Electronic Communications and amending certain related laws (Electronic Communications Act), as amended, and certain other laws
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 amending 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. 310 / 2006 Coll., Act No. 110 / 2007 Coll., Act No. 261 / 2007 Coll., Act No. 304 / 2007 Coll., Act No. 227 / 2009 Coll., Act No. 281 / 2009 Coll., Act No. 153 / 2010 Coll., Act No. 153 / 2010 Coll.
1. In Paragraph 1 (1), the words "European Communities' are replaced by the words" European Union '.
2. In footnote 1, at the end of the footnote, the words "Directive 2009 / 136 / EC of the European Parliament and of the Council amending Directive 2002 / 22 / EC on universal service and users' rights relating to electronic communications networks and services, Directive 2002 / 58 / EC on the processing of personal data and the protection of privacy in the electronic communications sector and Regulation (EC) No 2006 / 2004 on cooperation between national authorities responsible for the enforcement of consumer protection laws.
Directive 2009 / 140 / EC of the European Parliament and of the Council amending Directive 2002 / 21 / EC on a common regulatory framework for electronic communications networks and services, Directive 2002 / 19 / EC on access to and interconnection of electronic communications networks and associated facilities and Directive 2002 / 20 / EC on authorisations for electronic communications networks and services. ';
3. in Article 2 (f), the words "and supervision 'are replaced by the words" supervision';
4. in Article 2 (g):
"(g) the associated means of service, physical infrastructure and other equipment or elements related to the electronic communications network or electronic communications service which permit or support the provision of services through that network or service or are capable of doing so, including, but not limited to, buildings or entrances to buildings, cable installations, antennas, towers and other support structures, cable ducts, pipelines, masts, access shafts and distribution cabinets,";
5. In Article 2 (h), the words "including non-active network elements' shall be replaced by" radio ';
6. In Article 2, at the end of the text in point (j), the words "and which supports the transmission of information between the end points of the network or the electronic communications network through which the radio and television broadcasting service is provided, 'are added.
7. In Article 2 (m), "specific 'is replaced by" specific'.
8. in Paragraph 2 (p):
"(p) a publicly available telephone service for electronic communications enabling national or international calls to be made directly or indirectly,"
9. in § 2 (s):
"(s) by calling a connection through a publicly available electronic communications service which allows two-way voice communication;"
10. in Article 2, at the end of the text (u), the word "a" shall be replaced by the words "with the obligations arising from the international treaty, which the Czech Republic is bound by and which has been declared in the Collection of Laws or in the Collection of International Treaties, and with the obligations resulting from the membership of the Czech Republic in the European Union or international organisations,."
11. in Paragraph 2, at the end of point (x), the dot is replaced by a comma and the following points (y) to (aa) are added:
"(y) a breach of the protection of personal data of a breach of security resulting in unauthorised access or unauthorised or accidental change, destruction, disclosure or loss of personal data processed in connection with the provision of publicly available electronic communications services;
(z) a vertically integrated undertaking an entrepreneur operating an electronic communications network and providing at the same time electronic communications services on the retail or wholesale market, or a group of entrepreneurs, provided that their relationship is in line with the directly applicable European Union53), and which provides an electronic communications network while providing electronic communications services on the retail and wholesale markets;
(aa) associated services related to electronic communications networks or electronic communications services which may enable, allow or support the provision of services through that network or service and include, in particular, number transfer systems or systems offering equivalent functions, conditional access systems and electronic programming guides, as well as other services such as identity, location or user presence services.
53) Council Regulation (EC) No 139 / 2004 of 20 January 2004 on the control of concentrations between undertakings. '
12. in Article 5 (1) of the introductory part of the provision, the words "and ancillary services" shall be deleted;
13. in Article 5 (1) (a), the words "and persons in respect of whom special access may be deemed to be required in view of their age or social needs" shall be inserted after the word "users."
14. in Article 5 (1), the words "including content transmission services," shall be added at the end of point (b);
15. in Article 5 (1), point (c) shall be deleted;
Point (d) shall be renumbered (c).
16. in Paragraph 5 (2) of the introductory part of the provision, the words "the European Communities" shall be replaced by the words "the European Union."
17. in Article 5 (2) (a), the words "and ancillary services" shall be deleted;
18. in Article 5 (2), the word "a" shall be added at the end of point (b).
19. in Article 5 (2), point (c) is deleted;
Point (d) shall be renumbered (c).
20. in Article 5 (2) (c):
"(c) cooperate in accordance with the principle of transparency with the national regulatory authorities of other Member States, the European Network and Information Security Agency (ENISA), the BEREC Association of European Regulators for Electronic Communications (BEREC) and the Commission of the European Union (Commission) to ensure uniform regulatory practice in the application of the relevant European Union Directives.";
21. in Article 5 (3) (e), the words "low-income persons" shall be replaced by the words "persons for whom special access may be considered to be required in view of their age or social needs."
22. In Article 5 (3), the dot is replaced by a comma at the end of paragraph 3 and the following points (g) and (h) are added:
"(g) promote the possibility of end-users accessing information and the possibility of end-users to disseminate information and to use applications and services of their choice;
(h) ensure harmonisation of the use of radio frequencies in accordance with the need to ensure their efficient use and in order to benefit consumers, such as economies of scale and interoperability of electronic communications services. ";
23. Paragraph 5 (4) reads as follows:
"(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. In particular:
(a) promote predictable regulation by ensuring a single regulatory approach during the relevant review periods;
(b) create conditions for competition to the benefit of consumers and promote infrastructure competition where justified;
(c) promote effective investment in the innovation of existing infrastructure or the construction of new infrastructure, including by ensuring that any obligation associated with access to infrastructure takes due account of the risks borne by the investor and creates conditions for the conclusion of cooperation agreements between him and a party seeking access to spread the investment risks while ensuring that competition on the market is maintained and that the principle of non-discrimination is respected;
(d) take into account the different conditions concerning competition and consumers existing in the different geographical areas of the Czech Republic;
(e) in their decision making, they shall ensure that there is no discrimination between undertakings providing electronic communications networks or electronic communications services under comparable conditions. "
24. In Article 5, the following paragraph 5 is added:
"(5) The provisions of this Act concerning the regulatory activities of the Office in the field of electronic communications networks and services shall be interpreted in doubt of their importance in accordance with the principles referred to in paragraph 4. ';
25. In Paragraph 6 (2), the second sentence is replaced by the following: "If the remedies imposed are found to have an adverse effect on the markets, they are disproportionately distorted, the reason for its imposition has passed away, or there is effective and sustainable competition in the relevant market, they shall amend or withdraw the remedies imposed without delay."
26. in Article 9 (1), the words "and to" shall be deleted and the words "and to use radio frequencies" shall be inserted after the words "the operation of instruments";
27. in Article 10 (1) (h), the words "European Community5a)" are replaced by the words "European Union5b)";
Footnote 5b:
"(5b) Regulation (EC) No 717 / 2007 of the European Parliament and of the Council of 27 June 2007 on roaming on public mobile telephone networks in the Community and amending Directive 2002 / 21 / EC."
28. in Paragraph 10 (1) (n), the word "or" shall be deleted;
29. In Paragraph 10 (1), the dot at the end of paragraph 1 is replaced by "or 'and the following point (p) is added:
"(p) notification of the start of use of radio frequencies as referred to in (m).";
30. Paragraph 11, including the title, reads:
Specific obligations
(1) Special obligations shall mean:
(a) obligations relating to the provision of universal service under Part 6 of this Title;
(b) the obligations referred to in § 51 (5) to (7), (11) and (12);
(c) network access obligations under Sections 79 and 84;
(d) obligations relating to the conditional access system (§ 83);
(e) the obligations set out in Sections 69a and 69b.
(2) The Office shall be entitled to impose a special obligation under paragraph 1 under the conditions laid down by law separately from those laid down in the general authorisation and after consultation under § 130 and, where appropriate, under § 131. Where the Office has imposed a specific obligation, that obligation shall be transferred to the successor of the debtor. In case of doubt as to whether and to what extent a specific obligation has passed on to the successor in title, the Office shall decide on these matters.
(3) Information on the imposition of specific obligations shall be published by the Office. "
31. in Article 12 (1), '131' is replaced by 'or, where appropriate, by' 131 ';
32. in Article 13 (2) and (3):
"(2) The natural person in the notification shall indicate the name and, where applicable, the names and surnames of the company, where applicable, the address of the place of permanent residence or temporary residence in the territory of the Czech Republic, or the address of residence abroad (hereinafter referred to as" residence ') and the person's identification number (hereinafter referred to as "identification number'), if any.
(3) The legal person shall indicate in the notification the business firm, the name, address of the registered office and, where applicable, the address of the registered office of the organisational body in the Czech Republic, the identification number, if any, if any, the name, surname and address of the person authorised to act on behalf of that legal person. "
33. In Paragraph 13 (4), the dot is replaced by a comma at the end of paragraph 4 and the following point (d) is added:
"(d) the readiness to provide the services referred to in Article 99 (3) as a priority."
34. In Paragraph 13, the sentence "A legal person not yet registered in the Commercial Register at the time of notification shall be added at the end of paragraph 5, and a certified copy of the contract or instrument establishing or establishing a legal person shall also be submitted. ';
35. In Paragraph 13, the sentence "This shall not apply where the change of data has been notified through another agency location (10a) is added at the end of paragraph 6. '
36. in Paragraph 13 (7):
"(7) A natural and legal person who has ceased or interrupted the exercise of a communication activity under a general authorisation shall, within a period of 1 week from the date on which the communication activity is completed or interrupted, notify the Office of that fact; paragraph 1 shall apply mutatis mutandis. ';
37. In Paragraph 13, the following paragraph 9 is added:
"(9) A natural and legal person who has interrupted the exercise of a communication activity referred to in paragraph 7 shall, in the event of the resumption of that activity, notify the Office of that fact; paragraph 1 shall apply mutatis mutandis. ';
38. in Article 14 (1), the words "basic register of persons (10a)" are replaced by the words "basic register of legal persons, natural persons and public authorities (10a)."
39. in Paragraph 14 (2) (a) (1), the words "or names," and the words "address," shall be inserted after the words "name,"
40. in Paragraph 14 (2) (a) (2), "registered office" is replaced by "registered office address."
41.Paragraph 14 (4) reads as follows:
"(4) Where a person listed in the database of the Office notifies the readiness to provide services pursuant to Article 99 (3), the Office shall indicate that fact in the database. ';
42. in Paragraph 15 (1), the words "the European Communities (hereinafter referred to as the Community)" shall be replaced by the words "the European Union";
43. In Article 15 (2), the words "rights deriving from the allocation of radio frequencies" are replaced by the words "allocation of radio frequencies or parts thereof."
44. In Article 15 (4), "a 'is replaced by" comma' and "use of radio frequencies' is inserted after" use of radio frequencies';
45. in Paragraph 15 (5):
"(5) For the purposes of the performance of radio spectrum management and state control of electronic communications, the search and elimination of sources of interference of radio frequencies and the monitoring and evaluation of compliance with the conditions imposed on the radio frequency allocation holder pursuant to § 22 in the selection procedure referred to in § 21, the Authority shall maintain a database of allocated radio frequencies with information in particular on the number of decisions by which radio frequencies have been allocated and the time for which they have been allocated. The database shall be publicly accessible in a way that allows remote access. Public access is not about the individual holder of an individual authorisation for the use of radio frequencies pursuant to § 18 and the radio frequencies allocated
(a) the Ministry of Interior for State Security;
(b) The police of the Czech Republic for the purposes of State security,
(c) Security Information Service,
d) Prison services and judicial guards of the Czech Republic,
(e) the Czech Fire Department,
(f) Ministry of Defence for military purposes. ';
46. in Article 15 (6), "spectu10a)" is replaced by "spectu10b)";
Footnote 10b reads:
"(10b) Commission Decision 2007 / 344 / EC of 16 May 2007 on the harmonised availability of information on the use of spectrum in the Community."
47. In Paragraph 15, paragraphs 7 and 8 are added after paragraph 6:
"(7) The Authority shall carry out systematic monitoring of the efficient use of radio spectrum by the holder of individual authorisations for the use of radio frequencies pursuant to Article 18 and systematic monitoring of compliance with the obligations arising from the allocation of radio frequencies from the selection procedures pursuant to Article 21. To that end, it shall be entitled to collect relevant data from the relevant holders of individual authorisations for the use of radio frequencies, to check the reliability of the data provided, to evaluate compliance with the conditions imposed on the radio frequency allocation holder pursuant to Article 22 (2) in the selection procedure referred to in Article 21.
(8) In order to carry out the tasks referred to in paragraphs 1, 2, 5 to 7, the Authority shall operate the relevant information systems and automated frequency spectrum monitoring system. "
48. In Article 16 (3), the words "(national frequency table) 'are inserted after the words" Frequency band allocation plan'.
49. In Article 16, the words "including whether radio frequencies are to be used on the basis of a general authorisation or on the basis of an individual authorisation to use radio frequencies, whether the number of rights to use radio frequencies is limited, or whether the rights to use radio frequencies have been restricted and the principles referred to in Article 16a 'are limited.
50. In Article 16 (6), the last sentence is replaced by the sentence "Data on frequency bands reserved in the frequency band allocation plan (national frequency table) of the Ministry of Defence for military purposes shall not be published in the radio spectrum use plan."
51. The following Section 16a is inserted after Section 16, including footnote 54:
(1) When managing radio spectrum, the Authority shall act in accordance with the principle of technological neutrality and neutrality against electronic communications services.
(2) In the Radio Spectrum Use Plan, the Authority may limit the principle of technological neutrality by laying down technical conditions for the use of a given frequency band of a specific type of technology, if this is necessary for:
(a) preventing harmful interference;
(b) protection of public health against the harmful effects of electromagnetic fields;
(c) ensuring technical conditions for the quality of electronic communications service;
(d) ensuring maximum sharing of radio frequencies;
(e) ensuring the efficient use of radio frequencies; or
(f) meeting objectives of public interest, such as the protection of life and health, promoting social, regional or territorial cohesion or promoting cultural and linguistic diversity and media pluralism, such as the provision of broadcasting services.
(3) In the Radio Spectrum Use Plan, the Authority may limit the principle of neutrality towards electronic communications services by establishing the use of the frequency band by a specific electronic communications service and the conditions for such use, if necessary for:
(a) the fulfilment of obligations arising from the membership of the Czech Republic in the International Telecommunications Union; or
(b) the achievement of objectives of public interest such as the protection of life and health54), promoting social, regional or territorial cohesion or promoting cultural and linguistic diversity and media pluralism, such as the provision of broadcasting services.
(4) The Authority may prohibit the provision of an electronic communications service in a specific frequency band in the radio spectrum use plan only if the services used to protect life and health are operated in a given frequency band.
(5) The Authority shall regularly, at least every five years, review the necessity of the restrictions provided for in paragraphs 2 to 4 and publish the outcome of that review. Where the Authority finds that the grounds for restrictions referred to in paragraphs 2 to 4 are no longer given, it shall amend the radio spectrum use plan.
54) Act No. 258 / 2000 Coll., on the Protection of Public Health and on the amendment of certain related laws, as amended. Government Decree No. 1 / 2008 Coll., on Health Protection against Non-Ionising Radiation, as amended by Government Decree No. 106 / 2010 Coll. '
52. Paragraph 17 (1) reads:
"(1) Radio frequencies which cannot be used on the basis of a general authorisation pursuant to Article 9 may be used only on the basis of an individual authorisation for the use of radio frequencies (hereinafter referred to as" radio frequency authorisation "), unless otherwise provided for by this law. The Authority shall authorise the applicant to use radio frequencies where this is necessary for:
(a) preventing harmful interference;
(b) ensuring technical conditions for the quality of electronic communications service;
(c) ensuring the efficient use of radio spectrum;
(d) the achievement of objectives of public interest such as the protection of life and health54), promoting social, regional or territorial cohesion or promoting cultural and linguistic diversity and media pluralism, such as the provision of broadcasting services; or
(e) experimental purposes. ';
53.Paragraph 17 (3) (a) reads as follows:
"(a) if the applicant is:
1. the operating legal person, business firm or name, the address of the registered office or, where applicable, the address of the registered office of the organisational body in the Czech Republic, and the identification number, if any, if any, the name, surname and address of the person authorised to act on behalf of that legal person;
2. the natural person in business, the name and, where applicable, the names, and surnames, and, where applicable, the business name, address of the place of business and identification number, if any,
3. non-business person, name and surname, address and date of birth of the natural person, or name and address of the registered office, or address of the registered office of the organisational body in the Czech Republic, and, where applicable, the identification number of the legal person, "
54. in Article 17 (5) (a):
"(a) in the case of a request for authorisation to use radio frequencies for radio analogue broadcasting of radio broadcasting licences distributed by analogue according to a specific legislature11), or in a contract with the holder of such a licence, except in the case of an application for authorisation to use radio frequencies for which the right of use has been granted by allocation of radio frequencies, or in the case where radio frequencies are reserved under special legislature16),";
55. in Article 17 (5), point (c) is deleted;
Points (d) to (g) shall be renumbered (c) to (f).
56. in Article 17 (5) (c), the words "for persons registered in a commercial register not more than 3 months old or, where applicable," shall be replaced by "for persons not yet registered in a commercial register."
57. In Article 17 (6), the words "(national frequency table) 'are inserted after the words" frequency band allocation plan'.
58. in Paragraph 17 (8), the first sentence is deleted;
59. In Paragraph 17 (10), the words "(national frequency table) 'are inserted after the words" the allocation of frequency bands'.
60. In Article 17 (11) (c), the words "or the security of the State 'are deleted.
61.In Paragraph 17 (11) (d):
"(d) the use of the required radio frequencies does not allow for a frequency band allocation plan (national frequency table) or a radio spectrum use plan; This does not apply in the case of the use of radio frequencies for experimental purposes under § 19b, '.
62. In Paragraph 18 (1) (a):
"(a) if the applicant was:
1. the operating legal person, business firm or name, address of the registered office or, where applicable, address of the registered office of the organisational body in the Czech Republic, and identification number, if assigned,
2. the natural person in business, the name and, where applicable, the names and surnames, and, where appropriate, the business name, address, place of business and identification number, if any,
3. other non-business person, name and surname, address and date of birth of the natural person, or name and address of the registered office, or address of the registered office of the branch in the Czech Republic, or identification number of the legal person, as appropriate, '.
63.In Paragraph 18 (1) (c), the word "radiocommunications" shall be inserted after the word "labelling."
64. In Paragraph 18, at the end of paragraph 1, the dot is replaced by a comma and the following point (h) is added:
"(h) any restrictions on the change of the authorisation holder or the rental of rights resulting from the authorisation to use radio frequencies.";
65.Paragraph 18 (3) reads as follows:
"(3) The period of validity of the authorisation for the use of radio frequencies referred to in paragraph 1 (g) may be set for a maximum period of 5 years, in accordance with the frequency band allocation plan (national frequency table), the radio spectrum usage plan, the European Union's harmonisation plans, the international treaties by which the Czech Republic is bound and which have been declared in the Collection of Laws or in the Collection of International Contracts, and the security of the State, unless otherwise provided for in this Act. In the case of an authorisation to use radio frequencies on the basis of the rights arising from the allocation of radio frequencies pursuant to § 22, the period of validity of the authorisation to use radio frequencies may be extended but shall not exceed the period of validity of the allocation of radio frequencies pursuant to § 22 (2) (f). ';
66. In § 18 (4), § 22 (3), § 22a (3) and (4), § 28 (1), § 32 (4), § 86 (7), (8) and (9), § 92 (2), § 105 (2), § 108 (1) (k), § 108 (3), § 110 (1), § 115 (3) (k) and in § 117 (2), the word "Community" is replaced by the words "European Union."
67. in Paragraph 18 (5), the word "individual" shall be deleted;
68. In Paragraph 19 (1) (b), the words "or, if required, to ensure the security of the State" are deleted.
69. in Article 19 (1) (e), the word "individual" shall be deleted and the words "pursuant to Article 17" shall be added at the end of the text of point (e).
70. In Paragraph 19 (1) of the final part of the provision, "(d) 'is replaced by" (e)' and "to (c) 'is replaced by" (d)'.
71. in Paragraph 19 (2), the words "and (b)" shall be replaced by "to (c)";
72. in Article 19 (3), the words "to (c)" shall be inserted after the words "paragraph 1 (a)."
73. In Article 19 (3), the following sentence is inserted after the second sentence: "Where radio frequencies for which a radio frequency allocation has been issued are the subject of an extension, that period shall not be longer than the allocation period. '
74. In Article 19 (4) (d), the word "efficient" is replaced by "effective" and at the end of the text in point (d) the word "or" deleted. "
75. In Article 19 (4), at the end of paragraph 4, the dot is replaced by "or 'and the following point (f) is added:
"(f) the conditions set out in Paragraph 20 (3) are fulfilled."
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Regulation Information
| Citation | Act No. 468 / 2011 Coll., amending Act No. 127 / 2005 Coll., on Electronic Communications and amending certain related laws (Act on Electronic Communications), as amended, and certain other laws |
|---|---|
| Regulation Type | Law |
| Author | - |
| Collection | Code of Laws |
| Date of Promulgation | 30.12.2011 |
|---|---|
| Effective from | 01.01.2012 |
| Effective until | - |
| Status | Valid |
Legal Areas:
Security
Taxes
Finance
Economic (State)
Information, Data, Data
Civil law
Civil law substantive
Commercial law
Businessman, Company
Industrial rights
Advertising, Marketing, Promotion
Administrative offences
Administrative law
State (official) control
Telecommunications, Communications, Mail
Science and research
The regulation text is for informational purposes only.
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