Act No. 72 / 1950 Coll.
Telecommunications Act
Valid
Effective from 01.07.1950
72.
Law
of 18 May 1950
about telecommunications.
The National Assembly of the Czechoslovak Republic decided on the following Act:
The purpose of the law.
Telecommunications serves the development of the economy, increasing the physical and cultural level of the people and ensuring the security and defence of the state; Therefore, telecommunications equipment must be established and operated in a planned and economical manner, protected from interference and from abuse.
The term telecommunications equipment.
(1) Telecommunications equipment is a device for the transport of messages, images and signals by electricity (in particular, a wire telegraph and a telephone, a radio telegraph and a radio telegraph), radio and television broadcasting and reception equipment, and all other broadcasting and reception equipment.
(2) The Government may provide by regulation that this law also applies to other transmission equipment.
Establishment and operation of telecommunications equipment.
(1) Authorisations for the establishment and operation of telecommunications equipment are required, unless otherwise provided in this Act (Sections 4 and 5).
(2) The authorisation is granted by:
(a) the postal service for all telecommunications equipment, with the exception of radio and amateur radio stations;
(b) the Ministry of the Interior or the authorities entrusted with it for the broadcasting of radio-electric stations of experimental and amateur.
(3) The authorisation for the establishment and operation of broadcasting radio-electric stations is granted in agreement with the Ministry of National Defence, including, where appropriate, other central authorities involved or authorised by them.
(4) Telecommunications equipment for which authorisation has been granted shall be subject to the supervision of the competent authority referred to in paragraph 2.
(5) In principle, authorisations are also required for radio equipment on ships, aircraft and other means of transport within the Czechoslovak Republic, as well as for radio equipment on Czechoslovak ships and aircraft abroad; exemptions may be granted under international agreements.
(6) More detailed provisions for implementing the provisions of paragraphs 1 to 5 shall be laid down by the Government by a regulation, which may entrust more detailed provisions to general legislation.
(1) They may, without authorisation, establish and operate telecommunications equipment to the extent specified below:
(a) postal and telecommunications communications undertakings (hereinafter referred to as "postal undertakings")
all telecommunications equipment (except radio and television broadcasting stations), in particular those for public use;
(b) radio and television undertakings
telecommunications equipment for radio and television broadcasting and reception;
(c) military administration
telecommunications equipment for military use;
(d) National Security College
telecommunications equipment for national security purposes;
(e) railway undertakings for public transport
telecommunications equipment for railway service;
(f) Air Administration
telecommunications equipment for air services, except radio-electric stations on aircraft;
(g) water and navigation management
telecommunications equipment for water and navigation services, except radio-electric stations on ships.
(2) The coordination of telecommunications activities shall be governed by agreements between the central authorities involved or those entrusted to them.
(3) In agreement with the postal undertaking, railway undertakings for public transport, air administration and navigation can also provide a service to the public in railway stations, trains, aircraft and ships.
(4) The competent central authority shall determine in agreement with the Ministry of Defence how the entities referred to in paragraph 1 perform the State's defence tasks and how synergies between them and the military administration are to be regulated to carry out those tasks. Until otherwise stated according to the previous sentence, Act No. 131 / 1936 Coll., on State Defence, remains unaffected.
No authorisation shall be required for the establishment and operation of wire telegrams, telephones and electrical signalling equipment within buildings or on continuous land of the same owner, unless their management uses publicly accessible routes. Such telecommunications equipment shall not be connected to the telecommunications equipment of another operator or cross national borders without the special authorisation of the postal administration and may be subject to its supervision.
Use of telecommunications equipment for reasons of public interest.
(1) In the event of failure of postal telecommunications equipment or for other reasons of public interest, the postal administration may order the operators of telecommunications equipment authorised under Article 3 to give such equipment without payment to the postal undertaking. It may also require them to perform certain acts for an appropriate compensation for the postal undertaking; the amount of this refund shall be determined by the postal service.
(2) The same authorisation belongs to the military administration and the National Security Corps, if it concerns the urgent interests of State defence or national security.
Protection of the operation of telecommunications equipment.
(1) Telecommunications equipment must be set up and operated in such a way that it does not adversely disturb each other.
(2) Electrical apparatus and equipment of any kind should also be adapted and used in such a way that, where technically possible, they do not impair the operation of telecommunications equipment, in particular radio-electrical equipment.
(3) Holders of devices acting on interference may be ordered to remove or allow for an appropriate correction of harmful interference. they may also be prohibited from using such equipment.
(4) The Government shall adapt the details by means of a regulation defining in particular the concept of harmful interference, determining when the provisions of paragraph 3 may be applied and who shall bear the costs of the necessary adjustment linked to it, and setting out the authorities responsible for dealing with interference cases.
Permission to hold radio stations.
(1) Broadcasting radio stations (even incomplete) can only be stored with permission from the Ministry of the Interior or the authorities designated by it; the permit for possession does not entitle these stations to operate.
(2) The authorisation referred to in paragraph 1 shall also be needed by those who repair or sell such equipment.
(3) The provisions of the preceding paragraphs shall not apply to broadcasting radio stations which retain:
(a) the bodies referred to in Article 4 (1);
(b) operators of broadcasting radio-electrical equipment authorised under Article 3, provided that the retained equipment is a reasonable advance for in-service equipment;
(c) authorised manufacturers of radio-electrical transmission equipment.
(4) The surveillance of broadcasting radio stations for which authorisation has been granted shall be exercised by the Ministry of the Interior or by the authorities authorised by it.
(5) Detailed regulations on the holding of radio-electrical stations shall be issued by the Ministry of the Interior in agreement with the Ministry of National Defence and Post and shall be published on the relevant official list.
Scope of postal administration in telecommunications.
(1) Telecommunications management and telecommunications supervision belong to the postal service. The management of telecommunications matters shall include in particular:
(a) to ensure the coordination of telecommunications and the consistent discussion of international telecommunications matters;
(b) lay down the conditions for the establishment and use of postal telecommunications equipment and services;
(c) to determine fees for the establishment and use of postal telecommunications equipment and services in accordance with the pricing guidelines;
(d) to grant authorisation for the establishment and operation of telecommunications equipment [Paragraph 3 (2) (a)].
(2) The management of telecommunications and surveillance matters with regard to telecommunications equipment set up and operated under § 4 (1) (b) to (g) shall be carried out by the competent central authorities.
Activities of the postal undertaking in the telecommunications sector.
(1) The postal undertaking belongs, in particular, to establish a telecommunications network for public use and to procure telecommunications services outside the entrusted authority (Paragraph 15 (2)).
(2) Where a postal undertaking has the necessary facilities, it shall provide its services to anyone who complies with the conditions laid down.
(3) The postal service may restrict postal telecommunications or stop it completely at a time of increased threat to the State or other public interest.
(4) Private reports, the content of which may jeopardise the security of the State or its economic interests or which otherwise contravene the laws, are excluded from transport.
Telecommunications charges.
(1) Everyone for whom they are established or who uses postal telecommunications equipment or services is obliged to pay the specified fees. The postal undertaking only carries free messages which have been granted the same advantages as its own service reports.
(2) When fees are refunded, the postal service shall provide for rules on the establishment and use of telecommunications equipment and services.
(3) Fees may be levied for the authorisation to establish and operate telecommunications equipment, granted under Paragraph 3 (2) (a). Further provisions will be issued pursuant to Paragraph 3 (6).
(4) Unpaid fees shall be enforced by administrative execution; the execution title is the statement of fees due.
Postal liability.
The postal undertaking shall assume no responsibility for the users of telecommunications equipment and services, in particular as regards compensation.
Complaints.
(1) Those who feel wronged by the behaviour of the postal undertaking with regard to the establishment and use of telecommunications equipment and services and the accuracy of charges may complain to the authorities designated by the postal administration. The jurisdiction of ordinary courts in these matters shall be excluded.
(2) The rules applicable to proceedings in administrative matters shall apply mutatis mutandis to complaints.
Telecommunications secrets.
(1) The postal undertaking and its staff are obliged to keep secrets both on the content of the messages received and on the content of the messages received and on the names of the corresponding parties and on the numbers of the talking participating stations and may not disclose any information relating to the messages transmitted or made available.
(2) Data relating to messages transmitted or made available may only be communicated by the postal undertaking to the consignor and the addressee or to their authorised representatives or successors in title. The postal undertaking may issue and communicate data on the postal documents to the courts and authorities only in cases provided for by law.
(3) The general obligation to notify certain offences laid down by law shall not affect the provisions of paragraphs 1 and 2.
(4) The provisions of the preceding paragraphs apply mutatis mutandis to other telecommunications operators and their staff.
Enabling provisions.
(1) The Government may entrust by regulation certain tasks of public administration in the field of telecommunications to national committees.
(2) The Minister of Posts may entrust the postal undertaking with certain tasks of public administration in the field of telecommunications; if it does not take other measures, the delegation carried out under the provisions of § 17 (3) of Act No. 151 / 1949 Coll., on the Czechoslovak Post Office, the National Company, remains intact.
Repeal clause.
(1) Act No. 60 / 1923 Coll., on telegraphes, with the exception of the criminal provisions contained in Sections 16 to 20, as well as the applicability of Regulation No. 235 / 1943 Coll., on the right to handle telephone equipment, is hereby repealed.
(2) The provisions issued pursuant to Act No. 60 / 1923 Coll. remain in force if they do not contravene this Act or the regulations issued under it.
(3) Authorisations for the establishment and operation of telecommunications equipment acquired under Act No. 60 / 1923 Coll. are deemed to be authorisations granted under this Act, except for broadcasting radio-electric stations.
Efficiency and execution.
This Act shall take effect on 1 July 1950; It shall be carried out by post, home, national defence, information and education ministers, industry, transport and technology.
Gottwald v. r.
Dr John v. r.
Zaporocký v. r.
Dr Cap v. r.
Nosek v. r.
Kopecký v. r.
Kliment v. r.
Petr v. r.
Dr. Ing.
Dr Neuman v. r.
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Regulation Information
| Citation | Act No. 72 / 1950 Coll., on Telecommunications |
|---|---|
| Regulation Type | - |
| Author | - |
| Collection | Code of Laws |
| Date of Promulgation | 10.06.1950 |
|---|---|
| Effective from | 01.07.1950 |
| Effective until | - |
| Status | Valid |
The regulation text is for informational purposes only.
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