127/2005 Coll.
LAW
of 22 March. February 2005
on electronic communications and amending certain related laws
(Act on electronic communications)
Change: 290/2005 Sb.
Change: 361/2005 Coll.
Change: 235/2006 Sb.
Change: 310/2006 Sb.
Change: 186/2006 Sb.
Change: 110/2007 Sb.
Change: 261/2007 Coll. 304/2007 Sb.
Change: 124/2008 Coll., 177/2008 Coll., 189/2008 Sb.
Change: 247/2008 Sb.
Change: 384/2008 Sb.
Change: 227/2009 Coll., 153/2010 Sb.
Change: 281/2009 Sb.
Change: 94/2011 Sb.
Change: 137/2007 Sb.
Change: 341/2010 Coll., 420/2010 Coll., 468/2011 Sb.
Change: 375/2007 Coll., 19/2012 Sb.
Change: 142/2012 Coll. 167/2012 Sb.
Change: 273/2009 Sb.
Change: 457/2011 Coll., 18/2012 Sb.
Change: 214/Sb.
Change: 303/Sb.
Change: 234/2014 Sb.
Change: 258/2014 Sb.
Change: 181/2014 Sb 250/2014 Sb.
Parliament has passed the following Act of the United States:
PART THE FIRST
ELECTRONIC COMMUNICATION
TITLE I OF THE
Introductory provisions
§ 1
The subject of the edit
(1) this Act regulates the rights of the European Union on the basis of "^ 1") terms and conditions
business and the performance of State administration, including the regulation of the market, in the field of
electronic communications.
(2) this Act does not apply to the content of the services provided by the
through electronic communications networks, such as the contents of the
radio and television broadcasting, financial services and some
information society services, unless otherwise specified. Department
the regulation of the transmission of content regulation is without prejudice to the binding between
them, in particular in order to guarantee media pluralism, cultural
diversity and consumer protection.
(3) this Act does not affect the provisions on the protection of
competition.
§ 2
Definition of terms
For the purposes of this Act, means the
and each participant who) concluded with an entrepreneur providing publicly
available electronic communications service contract for the provision of such
services,
(b)) by any person who uses or requests a publicly available service
electronic communications,
(c)), the end user, a user who does not provide a public communications
networks or publicly available electronic communications services,
d) consumer means any natural person who uses or requests a publicly
available electronic communications service for purposes outside the scope of its
business activities,
e) operator, providing or authorised to provide a
public communications network or an associated resources
f) providing electronic communication networks, the establishment of this network, its
operation, control or making it available,
g) assigned to the resources assigned to the physical resources service
infrastructure and other devices or network-related elements
electronic communications networks or electronic communications services
allow or promote the provision of services via that network
or services, or are able to, and include, inter alia, of a building or
the entrances to the buildings, wiring in buildings, antennae, towers and other
supporting constructions, ducts, conduits, masts, the input shaft and
cabinets,
h) electronic communications networks, transmission systems, where appropriate,
connection or routing equipment and other resources, including the network elements,
that are not active that allow the transmission of signals along the Guide,
radio, by optical or by other electromagnetic means, including
satellite networks, fixed networks with commutation circuits or packets and
mobile terrestrial networks, networks for the distribution of electricity to the extent
they are used for the transmission of signals, networks for radio and
television broadcast and cable television networks, irrespective of the type of
the information transmitted
I) electronic communication equipment technical equipment for
posting, transmission, routing, or receive signals
by means of electromagnetic waves,
j) public communications networks, electronic communications network, which
used wholly or mainly for the provision of publicly available
electronic communications, and supports the transfer of information between the
the end points of the network, or an electronic communications network, which
is the service provided through the distribution of radio and television
the broadcast,
to the public telephone network), an electronic communications network which is used
to provide publicly available telephone services and which allows you to
between network termination points of speech transmission, as well as other forms of
communication, such as the faksimilní and data transmission,
l) interface
1. the end point of a public communications network
2. the interface for linking of public communications networks or access to
them, or
3. radio interface for the radio path between radio equipment,
and their technical specifications,
m) network termination point the physical point at which a Subscriber is provided
access to a public communications network; in the case of networks involving
switching or routing, this point is determined by a specific network address,
that may be associated with the number or name of the participant,
n) by electronic communications service normally provided for
remuneration which consists wholly or mainly in the conveyance of signals over networks
electronic communications networks, including telecommunications services and
transmission services in networks used for radio and television
broadcast and cable television networks, with the exception of services that
offer content through electronic communications networks and services
or exercising editorial control over, content transmitted networks and
electronic communication services provided; does not include services
the information society, which do not consist wholly or mainly in the transmission
of signals on electronic communications networks,
about) a publicly available electronic communications service service
electronic communications, from whose exploitation is not no one in advance
excluded,
p) a publicly available telephone service publicly available service
electronic communications, allowing directly or indirectly to the implementation of the
national or international calls,
q) universal service, the services file, as set out in section 38, which are
available at a specified quality to all end users throughout the territory of
the State at an affordable price; affordable price means a price, taking into account
the level of consumer prices and incomes of the population,
r) radio communication service activity which consists in
transmission, emission or reception of signals by means of radio waves,
with connections made through) by calling the publicly available services
electronic communications that allows two-way voice
communication,
t) unsuccessful call attempt "means such call, which was
successfully connected, but remained without response or intervention of a legal
or natural person providing a public communications network or
providing publicly available electronic communications service,
u) harmful interference interference that threatens the functionality of
a radionavigation service or of other safety providing
radio service, or which otherwise seriously degrades, obstructs
or repeatedly interrupts a radiocommunications service operating in accordance
with this law with the obligations arising from international agreements to which the
the Czech Republic is bound and which was promulgated in the collection of laws or
in the collection of international treaties, and to the obligations arising from membership
The Czech Republic in the European Union or international organisations,
other laws,
in network functionality and integrity) uptime of connected networks
electronic communications services, the protection of these networks tolerance caused by
electromagnetic interference or working load,
w) interoperability of services such settings of transmission parameters
the services and interfaces that enables communication between end users
or between the end user and professional service providers
through the technologically different electronic communications networks,
x) Regulations streamlining communication activities and relationships in order to
achieve and maintain a competitive environment, the protection of the market for electronic
communications, including the protection of users of electronic communications services,
the issuance of the decision, of the measures of a general nature and the opinions provided for in this
and within the limits of the law.
s) violation of privacy breach of security leading to the
unauthorized access or unauthorized or accidental change, destruction,
disclosure or loss of personal data processed in the context of the
the provision of publicly available electronic communications services,
from) the vertically integrated undertaking entrepreneur, who operates the site
electronic communications, which also provides Internet service
electronic communications at the retail or wholesale market,
or a group of business owners, if their mutual relations correspond directly to the
applicable legislation the European Union ^ 53), and that network
electronic communications and electronic services as well as providing
communications on the retail and wholesale markets,
AA) assigned services services related to electronic networks
communications or electronic communications service that may allow
allow or promote the provision of services via that network
or services and shall include in particular the systems conversion of numbers, or systems
offering equivalent functionality, conditional access systems and
electronic programme guides, as well as other services, such as
identification, location, or the presence of the user.
§ 3
(1) there is hereby established Czech Telecommunication Office (hereinafter referred to as "the authority") as
the Central Administrative Office for the performance of State administration in the matters set out
This Act, including the regulation of the market and determining the conditions for the
business in the field of electronic communications and postal services. ^ 2)
(2) the seat of the Office is to Prague.
(3) the authority is an entity. The Office has a separate chapter in the State
the budget of the United States.
TITLE II
Objectives and basic principles of regulation of
§ 4
Regulation is carried out in order to replace the missing effects of economic
competition, creating the prerequisites for the proper functioning of the competition and
for the protection of users and other participants in the market until the achievement of a fully
the competitive environment.
§ 5
(1) the Ministry of trade and industry (hereinafter referred to as "the Ministry") and the Office
promote competition in the provision of networks and services
electronic communications and associated resources in particular entrepreneurs
This, that, in deciding on its jurisdiction
a) ensuring that users, including disabled users and
people, for which you can have with regard to their age or social needs
for this, they require a special approach, derive maximum benefit from the
the possibility of choice of services, prices and quality,
(b)), to avoid distortion or restriction of
competition in the electronic communications sector including services transfer
content, and,
(c) ensure effective administration and) effective use of the radio frequencies and
numbers.
(2) the Ministry and the Office contribute to the development of the internal market of the European
the Union, in particular by
and when making its decision removes) obstacles to the provision of networks
electronic communications that are assigned to resources, and the provision of services
electronic communications between the Member States of the European Union (hereinafter referred to as
"Member State"),
(b)) in its decision to support the establishment and development of trans-European
networks and the interoperability of pan-European services between Member States, and
(c)) shall cooperate in accordance with the principle of transparency with the national
the regulatory authorities of other Member States, the European Agency for
network and information security (ENISA), the Association of European regulatory
authorities in the field of electronic communications BEREC (hereinafter the "Association
BEREC ") and with the Commission of the European Union (hereinafter referred to as" the Commission ") to ensure the
consistent regulatory practice in the application of the relevant directives of the European
Union.
(3) further promotes the interests of end users, in particular by
its activities
and) ensures that all end users have access to the universal
service under section 38,
(b)) provides, in accordance with the provisions of this Act, a high level of
the protection of consumers,
c) contributes to ensuring a high level of protection of personal data and
privacy,
(d) the provision of clearly formulated) supports the information, in particular
by promoting price transparency and conditions for using publicly
available electronic communications services,
e) resolves in accordance with the provisions of this Act, the needs of the disabled
the affected end users or people, for which you can have with respect
of their age or social need for it that require special
access to, and
f) supports the preservation of the integrity and security of public communications
networks,
g) supports the ability to access end-users to access and
the ability of end users to spread the information and use of the application and
services of their choice,
h) ensures harmonisation of use of radio frequencies in accordance with the
the need to ensure their effective use of and in order to obtain benefits for
the consumer such as economies of scale and interoperability of services
electronic communications.
(4) in the context of the achievement of the objectives referred to in paragraphs 1 to 3 shall
The Ministry and in particular the principles of non-discrimination, the Office manages, objectivity,
technological neutrality, transparency and proportionality set out
in section 6. In particular
and promoting regulatory predictability by ensuring the) single
regulatory approach during the period under review,
b) creating the conditions for competition to the benefit of consumers and
in justified cases, promote competition in the field of
infrastructure,
c) support effective investment in upgrading the existing infrastructure
or the construction of new infrastructure, including by ensuring that the
any obligation associated with access to the infrastructure properly
take into account the risks borne by the investing an entrepreneur, and creates
conditions for the conclusion of cooperation agreements between him and the party
seeks access to spread investment risks, and
ensuring that competition in the market and compliance with the principle
non-discrimination,
(d) take account of the different conditions) relating to competition and
consumers that exist in different geographic areas of the United
Republic,
e) when making decisions, ensuring that, in similar conditions
There is no discrimination between the entrepreneurs network assurance
electronic communications services or providing services of electronic
communications.
(5) the provisions of this Act concerning the regulatory activities of the authority in
the area of electronic communications networks and services should be
doubts about their significance be interpreted in accordance with the principles of
in paragraph 4.
§ 6
(1) the Ministry and shall act and decisions provide
the advantage of a single entrepreneur or the user, or a group of entrepreneurs
or users, to the detriment of other business owners or users without
acting on the basis of this Act and this was justified by the differences
in the status of the persons concerned. Any difference in treatment must be in
accordance with this Act.
(2) the authority shall monitor and evaluate the effects of the imposition
corrective measures on each of the relevant markets in the period between the
their analyses carried out under this Act. If it finds that the stored
corrective action has on markets, disproportionately adverse reaction is deformed,
passed the reason to save it, or there is effective on the relevant market
and sustainable competition, immediately imposed corrective action
amend or withdraw.
(3) the Ministry and the Office are required to take into account the need for technologically
neutral regulation; technologically neutral regulation means
the regulation, which does not require the use a specific kind of technology and
or any kind of favour technology.
(4) in the framework of the fulfilment of the principle of transparency is the authority, subject to the
This law provides otherwise, shall be obliged to
and entrepreneurs) to provide publicly available services
electronic communications users in advance all information,
which are crucial for the assessment of the case and which do not prevent the
the provisions of the special legal regulation, ^ 3) in order to allow
the predictability of the meetings of the authority in cases where this law with a certain
State law or obligation Authority joins take place,
(b)) justified measures of a general nature and decisions, including the
decision on the price.
TITLE III
Regulation of communication activities
Part 1
Communication activities and business
§ 7
(1) Communication activities are
and) provide electronic communications networks,
(b)) the provision of electronic communications services,
(c) operating equipment) (§ 73).
(2) the provision of public communications networks, the provision of publicly available
electronic communications services and networks of electronic
communications for the purposes of national security are carried out in the public
interest.
§ 8
(1) the business activities in electronic communications is
and) ensuring of public communications networks
(b)) the provision of electronic communications services.
(2) Business in electronic communications in the territory of the Czech Republic
may, under the conditions laid down by this law of natural and legal persons,
that meet the General conditions. The business produces these
persons who on the date of receipt of the notification of the business which complies with the conditions
pursuant to section 13, unless otherwise provided by this Act.
(3) the General conditions for business in electronic communications,
means the
a) for natural persons, the age of at least 18 years of age,
(b)) for natural persons, full capacity to perform legal acts,
(c)) the integrity of the natural or legal persons,
d) presentation of proof that the natural or legal person does not have
arrears on taxes or levies, charges, reimbursements, úplatách,
fines and penalties, including the costs of the proceedings, they collect and enforce the
financial authorities. Document be drawn up locally competent tax authority
(e)), the fact that a natural or legal person does not have an outstanding balance on
insurance and finance charges on public health insurance, or insurance
and the penalty on social security and a contribution to State policy
employment, with the exception of cases where the repayment has been enabled in a
instalments and is not in default in the repayment of installments. This fact
natural or legal person showing affidavit.
(4) For integrity, for the purposes of this Act, shall be considered one who is not
convicted for an intentional criminal offence related to the exercise of
communication activities under section 7.
(5) in the case of a legal entity must be a condition of good repute in accordance with paragraph 4
also comply with the person authorized to act on its behalf.
(6) the Integrity shall be evidenced by a statement of convictions. The Office shall
in order to prove the integrity of the requests under a special legal
prescription ^ 53) an extract from the criminal register. Extradition request listing
of convictions and an extract from the criminal register with
transmitted in electronic form, in a manner allowing remote
access. A natural person who is not a citizen of the United States,
demonstrates the integrity of the statement of evidence of similar criminal record issued by the
State of which a citizen is a natural person, as well as documents issued by States,
in which is for more than 3 months continuously in the last 3
years. The legal person that has its registered office outside the territory of the Czech Republic,
demonstrates the integrity of the statement of evidence of similar criminal record issued by the
the State in which it is situated, if that State is issuing such documents,
as well as the documents issued by the States in which the taking longer than 3 months
in the last 3 years, if such documents issued by these States.
Statements that show the integrity must not be older than 3 months. Does not issue a
State listings or documents referred to in the fourth and fifth sentences, shall submit to the Office of
natural or legal person affidavit about his integrity.
Part 2
General permissions
§ 9
The release of general permission
(1) the general authorisation measures of a general nature is the authority, which shall lay down the
conditions for the exercise of communication activities relating to all or to
specific types of electronic communications networks and services, the operation of
instruments and on the use of radio frequencies and that is binding on the
individuals and legal entities carrying out activities referred to in section 7.
(2) the authority shall be entitled to issue a general permission to networks
electronic communications and associated resources, to provide
electronic communications services, to operate the equipment and to the use of
radio frequencies, for which there is no need to grant individual permissions
to the use of radio frequencies (section 17).
§ 10
Conditions laid down by general authorisation
(1) the general authorisation shall lay down specific conditions relating to the
and) interoperability of services and networking,
b) ensuring availability and use of numbers from the numbering plan for
end-users including conditions for their use,
c) protection of the environment, spatial planning, access to the
real estate, including their use, a common location or share
facilities, including, where applicable, any financial or
technical guarantees necessary for the completion of the work,
(d)) the obligation to provide service to the specified propagation to radio or
the tv program and with this program related services pursuant to § 72,
(e) the protection of personal data) and privacy
f) the protection of consumers,
g) limitations in relation to the transportability of such content that represents the
violations of the law,
h) information that the bodies be notified on the basis of this Act,
special legislation or regulation directly applicable European
Union ^ 65),
I) provide electronic communications networks at risk
the State of emergency, a State of emergency, ^ 6) ^ ^ and 7) (hereinafter referred to as
"crisis conditions"),
j) to protect citizens from the harmful effects of electromagnetic radiation
caused by electronic communications networks, ^ 8)
to) ensure the integrity of public communications networks and prevention
electromagnetic interference between sites or services, electronic
communications,
l) protection of public communications networks against unauthorized access
According to § 89 paragraph 1. 1,
m) the use of radio frequencies with respect to the appropriate use of the radio
spectrum and the avoidance of harmful interference,
n) compliance with the obligation under section 62,
o) carry out the duties under section 97, or
p) notification of initiation of the use of radio frequencies in accordance with the letter m).
(2) the conditions referred to in paragraph 1, the authority shall lay down the general permissions
only, unless otherwise provided by this Act or special legislation.
§ 11
Special obligations
(1) the specific obligations means
and the provision of) the obligations of the universal service in accordance with part 6
of this title,
(b)) the obligations referred to in § 51 para. 5 to 7, 11 and 12,
(c)) the obligations concerning access to the network under section 79 and 84,
(d)) the obligations relating to the conditional access system (section 83)
(e)) the obligations referred to in § 69a and 69b on the section.
(2) the authority is entitled to impose a specific obligation under paragraph 1 for
the conditions laid down by law, separate from the conditions referred to in
General permission and after consultation under section 130 and, where appropriate, under section
131. where a special obligation to impose this obligation shall be transferred to the
the legal successor of the obliged entities. In case of doubt about whether and in
to what extent has entered a special obligation on the successor in title, shall decide
the Office of the relevant facts.
(3) information about the imposition of specific obligations, the Office shall publish.
§ 12
Change and cancellation of a general permission
The authority shall amend or withdraw in accordance with the procedure referred to in section 130 and, where appropriate,
pursuant to section 131 of the general permissions in justified cases. Justified
cases means
and facts on) the change in the basis of which the general permissions
issued,
b) comply with the obligations arising from membership of the Czech Republic in
international organizations,
c) ensuring the defence and security of the State. ^ 9)
section 13 of the
Business Notification
(1) a natural or legal person wishing to exercise communication
the activity that is the business in electronic communications, is required to
in advance of this fact in writing ^ 10) (hereinafter referred to as "disclosure") of the Office.
Notification shall be made on the date of its delivery to the Office.
(2) a natural person in the notice shall indicate the name or names, first and last name,
where applicable, the trading name, address of place of business, the address of the place of the Permanent
residence or temporary stay over 90 days in the territory of the Czech Republic,
where appropriate, the address of the place of residence abroad (hereinafter referred to as "residence") and
the identification number of the person (hereinafter referred to as "identification number"), if the
allocated to it.
(3) a legal person in the notice shall indicate the name, business name, address
the address of the registered office or branch in the territory of the United
Republic, the identification number, if assigned, the name or
name, surname and residence of the person authorized to act on behalf of that legal
of the person.
(4) natural and legal person on the notification will
and define the type and spatial) range of a public communications network which
It intends to provide, and the description of electronic communications services, which
intends to provide, including data on the network, through which it will be
the service is provided, with reference to relevant General permissions,
(b)) date envisaged for the commencement provision of public communications networks
or the provision of electronic communications services,
(c)) to ensure the obligations provided for in § 97,
d) preparedness a priority to provide services pursuant to § 99 paragraph 2. 3.
(5) natural and legal person on when notifications provide evidence that the General
the conditions pursuant to section 8 (2). 3 and the payment of an administrative fee. Legal
the person still not registered in the commercial register when the notification shall be submitted whether or not
a certified copy of the contract or the establishment or incorporation
of the person.
(6) a natural and a legal person who has fulfilled the obligation of notification under
paragraphs 2 to 5, shall be obliged to immediately communicate the changes in writing to the Office of the information
referred to in the notice. This does not apply in the case where the change was
notified by another agendového points ^ ^ 10a).
(7) the natural and legal person has ceased or suspended the execution of
communication activities under a general permission is required within the period 1
a week from the date of termination or interruption of performance of communication activities
notify the Office; paragraph 1 shall apply mutatis mutandis.
(8) the Entrepreneur requesting access or interconnection is not required to notify the
The Office carry out communication activities, does not provide the on the territory of the United
the Republic does not provide electronic communications service or network
electronic communications.
(9) a natural and legal person who interrupted the execution of communication
the activities referred to in paragraph 7, shall in the case of re-start
the exercise of this activity, this fact to the authority; paragraph 1 shall
apply, mutatis mutandis.
§ 14
Certificates and registration
(1) within 1 week of receipt of the notification the Office shall issue to the person referred to in section 13 of the
paragraph. 1 a certificate stating that the person has submitted a notification under
§ 13. At the same time a natural person shall assign an identification number, if
has not yet been allocated; the identification number will provide the Office of the administrator
the basic registry of legal persons, natural persons-entrepreneurs and
public authorities ^ 10a). If a notification does not satisfy the requirements referred to in section 13,
The authority shall without delay require the person concerned to supplement its decision within a period of not less
than 14 days. If the notification does not comply with the formalities after this
the time limit, the Office will not issue the certificate, the procedure stops and this fact concerned
the person shall notify the.
(2) the certificate referred to in paragraph 1, the Office shall
and the following details:)
1. in the case of a natural person, the name or names and last names, or
business name, address and identification number,
2. in the case of a legal person, business name, address of the registered office or the address of the
Headquarters branches on the territory of the Czech Republic, identification number,
(b)) define the type and the territorial scope of an electronic communications network,
or the electronic communications services whose provision or
the provision has been notified, and the fact that the notifier was created
permission under section 79 and 104.
(3) the Office shall be in electronic form the database of natural and legal
persons who have fulfilled the obligation of notification according to § 13 para. 1. the database
the data contains no more than the information referred to in paragraphs 2 and 4.
The database is publicly accessible manner allowing remote access.
(4) If a person referred to in the database of the Office to provide readiness
services pursuant to § 99 paragraph 2. 3, the authority shall indicate that fact in the database.
(5) at the request of the person referred to in § 13 para. 6 the authority shall issue a certificate of
communication from the reported data in the scope of the changes to paragraph 2. The release of this
the certificate shall be subject to payment of an administrative fee.
Part 3
Radio spectrum management
§ 15
Duties Of The Office
(1) the Office shall exercise, to ensure the management and efficient use of radio
frequency radio spectrum management, that is in accordance with Community harmonisation
the intentions of the European Union. Radio spectrum means electromagnetic
waves of frequency from 9 kHz to 3000 GHz, propagated in space without any special
leadership.
(2) the radio spectrum management means a compilation of the draft plan
the allocation of frequency bands (frequency table) and its amendments,
the compilation of the plan for the use of radio spectrum, the granting of individual
permissions for the use of radio frequencies, the grant allocation of radio
frequencies, granting the approval to convert the allocation of radio frequencies or
part of the allocation for the calling of the marks and identification numbers and codes,
coordination of radio frequencies and frequency bands and review the use of the
radio spectrum. The authority within the radio spectrum management is responsible for
its efficient utilization.
(3) the use of radio frequencies means their use for
radio communication service, or to the provision of electronic
communications, through which services are provided
electronic communications or radio services.
(4) the use of radio frequencies shall be made in accordance with the law,
plan the allocation of frequency bands (frequency table),
plan the use of radio spectrum, allocation of radio frequencies,
individual permission for the use of radio frequencies and the short
permission for the use of radio frequencies, or General
permission.
(5) for the purposes of the performance of radio spectrum management and control of electronic
communications, finding and removing the sources of interference of radio frequencies
and for the control and evaluation of the fulfilment of the conditions which have been imposed
the holder of the allocation of radio frequencies in accordance with section 22 of the tender
According to section 21, the Office maintains a database of allocated radio frequencies with
in particular, information about the numbers of decisions, which were radio frequencies
assigned, and the time for which they were allocated. The database is publicly
accessible manner allowing remote access. Public access is not
information about the person of the holder of an individual permission to use radio
frequencies pursuant to section 18 and on radio frequencies allocated to
and the Ministry of the Interior) for the purposes of national security,
(b)) to the police of the Czech Republic for the purposes of national security,
c) safety information services
(d)), the prison service and judicial guard of the Czech Republic,
(e)) the most well-liked Relief Corps of the Czech Republic,
(f)), the Ministry of defence for military purposes.
(6) the authority shall provide information to the information system of the radio
the spectrum of ^ 10b).
(7) the authority shall carry out systematic monitoring of the effective
use of radio spectrum by holders of individual privileges to
the use of radio frequencies in accordance with section 18 and systematic monitoring
compliance with obligations under the allocation of radio frequencies to the holders of
a selection procedure pursuant to § 21. For this purpose, it is entitled to collect
the relevant data from the holders of individual privileges to
the use of radio frequencies, to check the credibility of granted
data, to evaluate the fulfilment of the conditions that have been saved to the holder
the allocation of radio frequencies in accordance with section 22 paragraph 1. 2 in the selection process according to the
§ 21.
(8) to the implementation of the tasks referred to in paragraphs 1, 2, 5 and 7, the Office operates
the information systems and automated system monitoring
the frequency spectrum.
section 16 of the
Frequency plans
(1) the plan the allocation of frequency bands (frequency table)
the Ministry shall determine by Decree.
(2) the plan for the use of radio spectrum, or part thereof, the authority shall issue
as measures of a general nature.
(3) the allocation of frequency bands to the National Plan, the frequency table) in the
compliance with the obligations arising from international agreements to which the United
Republic is bound, or from membership in international organizations, contains
individual frequency bands for radio services, where appropriate,
radio equipment and general conditions for the use of frequencies.
(4) the use of radio spectrum in the Plan lays down the technical parameters
and conditions for the use of radio spectrum radiokomunikačními services
including an indication of whether the radio frequencies are to be used on the basis of
a general permission or on the basis of individual permissions to
the use of radio frequencies, that is the number of rights of use of radio
frequencies is limited, or if there was a restriction of rights of use of radio
frequencies and policy constraints referred to in section 16a.
(5) the authority shall be entitled to give priority to the use of radio in the public interest
spectrum for the provision of universal services and the provision of publicly
available electronic communications services.
(6) the plan for the use of radio spectrum and information on rights, conditions,
procedures and fees concerning the use of radio spectrum Authority
publicly available. The Office continually updates this information. Data on the
the frequency bands to be reserved in the schedule the allocation of frequency bands
(national frequency table) The Ministry of defence for military purposes
planning to use the radio spectrum neuveřejňují.
(7) how to create a calling marks and identification numbers and codes,
their use and the type of radio service for which they are
required, lays down the law.
(8) the technical and operational conditions of the amateur radio services
down detailed legislation.
section 16a
(1) in radio spectrum management authority shall act in accordance with the principle of
technological neutrality and neutrality in respect of electronic services
communications.
(2) the plan may limit the use of radio spectrum policy
technological neutrality by laying down technical conditions of the use of
the frequency band a certain type of technology, it is necessary
for
and prevent harmful interference),
b) protection of public health against the harmful effects of exposure to
the electromagnetic field,
(c) ensure the technical specifications of the quality) of electronic
communications,
d) ensure maximum sharing of radio frequencies,
(e) ensure the efficient use of radio) frequencies, or
(f)) the objectives of public interest, namely the protection of life and health,
the promotion of social, regional or territorial cohesion, or support
cultural and linguistic diversity and media pluralism, for example,
the provision of radio and television broadcasting services.
(3) the plan may limit the use of radio spectrum policy
neutrality towards electronic communications services by establishing
the use of the frequency band of a specific electronic service
communications and the conditions of the use, if it is necessary for the
and the fulfilment of the obligations arising out of) the membership of the Czech Republic
The International Telecommunications Union, or
(b)) the objectives of public interest, namely the protection of life and health of the ^ 54),
the promotion of social, regional or territorial cohesion, or support
cultural and linguistic diversity and media pluralism, for example,
the provision of radio and television broadcasting services.
(4) the authority may plan to use radio spectrum to prohibit
electronic communications service in a specific frequency band,
only in the case if they are in a given frequency band operated services,
that serves to protect life and health.
(5) the Office shall be carried out regularly, at least once every five years, review
the necessity of the restrictions referred to in paragraphs 2 to 4, and the result of this review,
publicly available. If the Office finds that the reasons for the restriction referred to in paragraphs 2 to 4
they are no longer made, the radio spectrum use plan changes.
§ 17
Individual permission to use radio frequencies
(1) radio frequencies that cannot be used on the basis of the General
permission according to § 9, can be used only on the basis of the individual
permission to use radio frequencies (hereinafter referred to as "permission to
the use of radio frequencies "), unless otherwise provided by this Act. The Office of the
the applicant shall grant permission for the use of radio frequencies in the case
If it is necessary to
and prevent harmful interference),
(b) the technical conditions of quality assurance) of electronic
communications,
(c) the efficient security) use of radio spectrum,
(d)) the objectives of public interest, namely the protection of life and health of the ^ 54),
the promotion of social, regional or territorial cohesion, or support
cultural and linguistic diversity and media pluralism, for example,
the provision of radio and television broadcasting services, or
e) experimental purposes.
(2) in cases where it is necessary to grant permission for the use of radio
frequencies, the Office shall decide on the grant of any entrepreneurs
having an electronic communications network or providing the service
electronic communications under the general authorisation or entrepreneurs
užívajícímu these networks or services, or private person, in accordance
with the conditions that ensure the effective use of the radio frequencies, the
his written application submitted to the authority.
(3) an application for the grant of permission to use radio frequencies must
contain
a) when the applicant is
1. business legal person, business name or the name, address
the address of the registered office or branch in the territory of the United
of the Republic, and the identification number, if assigned, the name or
name, surname and residence of the person authorized to act on behalf of that legal
of the person,
2. doing business means a natural person, the name or names, first and last name,
where applicable, the trading name, address of the place of residence, business and
the identification number, if assigned,
3. private person, the name or names, and surname, place of residence and
date of birth of the natural person, the name and address of the registered office or, where appropriate,
the address of the branch in the Czech Republic, or
the identification number of the legal person,
(b) information about radio frequencies) that are required, including their
technical parameters, and the purpose of their use, if not these frequencies
and their technical parameters imposed by an international agreement,
the Czech Republic is bound and which was promulgated in the collection of
in the collection of laws or international treaties,
c) reference number and date of issue of the decision on the allocation of radio frequencies
in the case of an application for authorisation to use radio frequencies,
to which the right to use this share was granted,
(d) transmission of radio equipment type), if required
the international treaty, which the Czech Republic is bound and which was
published in collection of laws or in the collection of international treaties, or
results from the Czech Republic's membership in the European Union or in the
international organizations,
(e) a proposal for the desired callsign), identification number or code,
If, for a given type of radiocommunication services necessary,
(f) the definition of the intended use of the territory) of radio frequencies, if
necessary for their exploitation,
(g) the period of using the radio) frequencies.
(4) the scope of the required data in accordance with paragraph 3 (b). (b) each)
types of radio service, the authority shall lay down the measures of a general nature.
(5) an application for the grant of permission for the use of radio frequencies shall be
accompanied by the
and) in the case the application for granting permission to use radio frequencies
for radio, analog tv licenses for the operation of the radio
digital analog broadcasts under special legislation ^ 11),
or the contract with the holder of such a licence, except in the case where the
the request is for permission to use radio frequencies to
which has been granted the right to use allocation of radio frequencies, or
in the case where radio frequencies reserved under a special legal
prescription ^ 16),
(b) the consent of the holder of the allocation) in the case of a request for permission to
the use of radio frequencies that have been granted the right to use
allocation of radio frequencies, if the permission does not request the holder of this
the allocation,
(c)) for persons not yet unchecked in the commercial register, a certified copy of the
contract or instrument of the creation or establishment of the legal person,
d) certificate of entry in the register of the Czech Republic, or
certificate of allocation of registration marks, the applicant requests the grant
permissions for the use of radio frequencies on board the aircraft,
(e) the Department of transportation for confirmation) perform frequency coordination
the air of international organisations, if the applicant requests the grant
permission to use radio frequencies of air services, ^ 12)
f) a certificate of entry in the register of the Czech Republic,
If the applicant requests the grant of permission for the use of radio frequencies on
the Inland vessel ^ 13) or to the maritime registry United
Republic, if the applicant requests permission to use frequencies
on a seagoing vessel; ^ 14) registration of the vessel to the register of the Czech
the Republic is also possible to demonstrate the ship's certificate ^ 14)
(6) the Office shall decide on the grant of permission to use radio frequencies
without delay. In the case of radio frequencies reserved for special
the purpose of the plan the allocation of frequency bands (national frequency
table) and plan the use of radio spectrum, the Office shall decide within a period of 6
weeks from the date of the submission of a complete application. This period, the Office shall be entitled to
to extend, if necessary by reason of the selection procedure (section 21),
a maximum of 8 months. Deadlines arising from international agreements
relating to the use of radio frequencies or of orbital positions
are not affected.
(7) If multiple applicants for the grant of permission to use the same
of radio frequencies, the Office shall decide on the granting of permission by the order
of requests; This procedure shall not apply in respect of applicants for authorisation to
service stations in the amateur radio service. If the applicant is applying for
the purpose of the dokrytí territory in which it is authorised to distribute and transmit radio
or a television broadcast, to grant a further authorisation to use
radio frequencies for the dissemination and transfer of radio or television
the broadcast, before giving its decision, the Office shall request from the Council for the radio
and tv opinion. If the Office does not receive this opinion within 30
days of the request, the Council for radio and television broadcasting with
by granting permissions, agrees.
(8) the use of radio frequencies for other radiocommunication
services in the radio spectrum reserved exclusively for radio
the Office may issue a service only with the consent of the Council for radio and television
the broadcast by a special legal regulation ^ 11).
(9) the authority shall decide on the grant of permission as a priority to the use of radio
the frequencies necessary to ensure the operation of the institutions of the Ministry of the Interior,
Security information service, the Office for foreign relations and information,
Police of the Czech Republic, the prison service and judicial guard of the Czech
Republic, the fire brigade of the United States and the drives
fire protection, emergency medical service providers and customs
authorities. ^ 15)
(10) the frequency bands reserved in the schedule the allocation of frequency bands
(national frequency table) The Ministry of defence for military purposes
they could be used for military purposes without a decision on the
permission to use radio frequencies.
(11) the authority shall not grant permission for the use of radio frequencies, if
and it requires the security of the State),
(b)) it requires conformity to standards of the obligations arising from international treaties,
the Czech Republic is bound and which was promulgated in the collection of
in the collection of laws or international treaties,
(c) it requires compliance with obligations) arising from the membership of the Czech
States in the European Union, the North Atlantic Alliance or in the
international organizations,
(d) the use of radio frequencies required) does not allow an allocation schedule
frequency bands (frequency table) or use plan
radio spectrum; This does not apply in the case of use of radio frequencies
for experimental purposes, in accordance with § 19b
(e) the applicant or recurring) challenge to the authority and the time limit laid down in the
did not submit a full application for the grant of permission to use radio
frequencies,
(f) radio frequency) required are not available or cannot be
coordinate,
g) announced the intention to limit the number of rights of use of radio frequencies,
whose use is required, or
h) restriction of rights of use of radio frequencies, the
exploitation is required, and the radio frequencies asks the person who is not
the holder of the allocation of radio frequencies granted on the basis of the limitation or
a person who has been granted the consent of the holder of the allocation of radio frequencies.
(12) the proceedings on the application for the grant of permission to use
radio frequencies if it intends to announce the intention to limit the number of rights
under section 20 (2). 2, which are the subject of the request, a maximum of 3
months from receipt of the request.
(13) the Office may decide not to grant permission to use radio
frequencies also an applicant who has overdue arrears on
fines or fees imposed pursuant to this Act.
(14) an appeal against a decision under paragraph 6 does not have
suspensory effect.
section 18
Release permission to use radio frequencies
(1) the authority in the use of radio frequencies shall be
and when the applicant was)
1. business legal person, business name or the name, address
the address of the registered office or branch in the territory of the United
of the Republic, and the identification number, if assigned,
2. doing business means a natural person, the name or names, first and last name,
where appropriate, the business name, domicile, place of business and the identification
number, if assigned,
3. other private person, the name or names, first and last name,
place and date of birth of the natural person or the name and address of the registered office,
where appropriate, the address of the branch in the Czech Republic,
where appropriate, the identification number of the legal person,
(b) information about radio frequencies) or frequency band, including their
technical parameters
(c) the marking or radio services) type of network or technology,
for which permission has been granted for the use of radio frequencies,
(d) transmission of radio equipment type), if required
the international treaty, which the Czech Republic is bound and which was
published in collection of laws or in the collection of international treaties, or
results from the Czech Republic's membership in international organizations,
e) allocated by the calling tag, identification numbers and codes, if they are to
This kind of radio services necessary
(f) the amount of fees) according to § 24, unless otherwise provided by this Act,
(g)) the duration of the use of radio frequencies,
h) any restrictions on the changes to the permissions or rights holders of the lease
arising out of the use of radio frequencies.
(2) the authority may, in the use of radio frequencies to save
conditions relating to the
and the avoidance of harmful interference) and the protection of citizens against harmful
effects of electromagnetic radiation, ^ 8)
(b)) the obligations arising from the relevant international agreements on the
the use of radio frequencies,
c) comply with the obligations arising from international agreements to which the
Czech Republic is bound and which was published in the collection of laws or
The collection of international treaties, or
d) comply with the obligations arising from membership of the Czech Republic in the European
the Union, the North Atlantic Alliance or within international organisations or
responsibilities related to ensuring the security of the State.
These terms of Office may provide that, except as provided in this Act,
the general authorisation, or special legislation.
(3) the Period of validity of the permission to the use of radio frequencies in accordance with
paragraph 1 (b). (g)) may be set for a maximum of 5 years, so that the
in accordance with the plan of allocation of the frequency bands (the national
frequency table), plan the use of the radio spectrum harmonisation
the intentions of the European Union, the international treaties by which the Czech
Republic is bound and which has been promulgated in the collection of laws, or in the collection of
international treaties and national security, if this law does not
otherwise. In the case of the granting of permission for the use of radio frequencies on
the basis of the rights resulting from the allocation of radio frequencies in accordance with § 22,
the period of validity of the permission to the use of radio frequencies
a longer, but may not exceed the period of validity of the allocation of radio
frequencies according to § 22 para. 2 (a). (f)).
(4) if the use of radio frequencies has been harmonised at the level of
The European Union and, if the conditions of their use, shall decide
The authority to grant permission for the use of radio frequencies the entrepreneurs
specified according to the rules of the European Union or in accordance with the international
the Treaty, which the Czech Republic is bound. Conditions are met
associated with permission to use radio frequencies established pursuant to
This Act or on the basis of, does not provide for the Office in the no permissions
other conditions that restrict or delay the use of radio
frequencies.
(5) the holder of the use of frequencies is obliged without delay to the Office of
report a change the facts on the basis of which he was this permission
granted.
§ 19
Change, renewal, withdrawal and the expiry of the permission to use
radio frequencies
(1) the authority may decide to change the permission for the use of radio
frequencies, if required
and compliance with the obligations arising from) the international treaty, which is
Czech Republic is bound and which was published in the collection of laws or
The collection of international treaties, or
b) comply with the obligations arising from membership of the Czech Republic in the European
the Union, the North Atlantic Alliance or in international organizations,
c) necessarily state security and it is not possible to provide other
in a way,
(d) change the facts on) which was granted individual
permissions for the use of radio frequencies, or change the amount of the fees
under section 24,
(e)) the holder permission to use radio frequencies; the change request
the assigned frequency or its technical parameters is considered
application for the grant of a new permission for the use of radio frequencies in accordance with
§ 17.
With the exception of the case referred to in subparagraph (e)), the Office shall of the intention to make
inform the person concerned of such changes and provide them with a period of 1 month to
the observations. In the cases referred to in points (a) to (d))) the Office may this
shorten, but at least for 7 days. Deadline the authority shall justify.
(2) if there is a change referred to in paragraph 1 (b). a) to (c)), shall be borne by effectively
and reasonably incurred costs caused by this change, the holder of
or the Ministry of defence through the Radiocommunications Office account
in accordance with section 27.
(3) at the request of the holder of the use of radio frequencies, the Office
Decides to extend the period of validity of this permission. If
does not preclude the fact, referred to in paragraph 1 (b). a) to (c)) or if the
they are not grounds for not giving permission to use radio
frequencies according to § 17 para. 11, the Office will extend the validity period of not more than
However, the period of time specified in the permission. If they are the subject of the extension of the period
the validity of such radio frequencies, which was issued by the assignment of radio
frequencies, this period may not be longer than the period of validity of the relevant
the allocation. The period of validity may be extended repeatedly. The request for extension
period of validity of the permission to the use of radio frequencies shall be the Office of the
delivered not later than one month before the date of the expiry of its validity.
(4) the Office shall decide on the withdrawal of permission to use radio frequencies,
If
and no longer meets the permission) the holder of any of the conditions subject to which
the basis of his permission has been granted, or the conditions set out in a special
legislation, ^ 16)
(b) fails to comply with the obligations of the holder of the privilege) established by this Act, or
the decision to grant permission or to change permissions, and correction of
has not completed or within the period specified by the Office pursuant to § 114, although he was on the
the possibility of the withdrawal of permission for this reason, the Office notified in writing,
(c)) it is necessary to comply with the obligations arising from the international
the contract, which the Czech Republic is bound and which was proclaimed in the
The collection of laws, or in the collection of international treaties, or from the membership
The Czech Republic in the European Union, the North Atlantic Alliance or
international organisations, or when required by national security,
(d) the use of the allocated permissions) the holder of a frequency for a continuous period
6 months or repeatedly interrupted the use of frequencies on
the aggregate period of 12 months over the course of 2 years, or is used for any other
purposes other than those for which they have been allocated; by the time of the interruption of the use of
frequencies do not count towards the time required for the repair and maintenance of broadcasting
radio equipment, or the time when efficient use of frequencies hampered
reasoned technical barriers; time limit for assessment of non-utilisation
radio frequencies shall be calculated from the date of the decision,
which permission to use radio frequencies authorised
or his legal predecessor has been granted for the first time; the period of use of the radio
frequency tracking for amateur radio operators
services,
(e) withdrawal of permission) the holder has requested, or
(f)), subject to the conditions referred to in section 20 (2). 3.
(5) if the Office decides to withdraw authorisation referred to in paragraph 4 (b). (b)) or
(d)), the applicant may request permission again soon after
6 months from the date on which the decision to revoke the permission has to be able to.
(6) Permission for the use of radio frequencies shall expire
and end of the period), that was permission to use radio
frequency has been granted,
(b) the date of termination of a legal person), which is licensed to
the use of radio frequencies, if this does not have the legal successor,
(c) the date of death of the holder) permission if in his business does not continue
heir ^ 16b) or administrator of heritage ^ 16 c),
d) on the date of decision of the authority pursuant to paragraph 4 has become final, or
e) date of transfer of the allocation of radio frequencies in accordance with article 23,
(f) the date of expiry of the allocation), pursuant to section 22 c, if this law
provides otherwise (article 20 (3)), or
g) on the date of acquisition of legal power of the new permission according to § 19 para. 2.
(7) the holder of the use of radio frequencies or his legal
the successor is required to ensure that immediately after the expiry of the
permission to use radio frequencies has terminated the operation of broadcasting
radio stations operated on the basis of this permission.
§ 19a
Change the permission of the holder of the rights arising from the lease and permission to
the use of radio frequencies
(1) a change of the holder of the use of radio frequencies may
occur, if not in the decision to grant permission for the use of radio
frequencies provides otherwise.
(2) a change of the holder of the use of radio frequencies,
place through the granting of a new permission to use
of radio frequencies in accordance with section 18, on the basis of a joint application of the future
the holder of the use of radio frequencies and the existing
the holder of the use of radio frequencies. For the release of the new
permission shall apply mutatis mutandis to section 17 and 18. The permissions of the current holder of the
to the use of radio frequencies shall expire on the date of acquisition of legal
can new permissions for the use of radio frequencies.
(3) the authority carrying out a review on an ongoing basis are granted permission to use
of radio frequencies in the frequency bands in which grants permission to
the use of radio frequencies, the validity period is longer than 10
years and in which the holder cannot be changed, nor is the rent.
If, after the consultation referred to in section 130 and on the basis of a review Authority finds that the
the criteria for granting authorisations for the use of radio frequencies in the
zone in this form are no longer relevant, be cancelled on request of the holder
permissions changes permissions or restrictions of the holder of the lease rights
arising out of the use of radio frequencies to other people,
or issue a general authorisation to use radio frequencies
in the zone on the basis and under the terms of this permission.
(4) an undertaking may other entrepreneurs, who meets the conditions for
the holder of the use of radio frequencies, rent law
arising out of the use of radio frequencies, if not in
the decision to grant permission for the use of radio frequencies provided for
otherwise. The holder of the use of radio frequencies, which rented a
the rights arising from this permission to other entrepreneurs, continue to
is responsible for the fulfilment of the conditions specified in this permission. The conclusion of the
the contract pursuant to the first sentence, as well as the end of its validity, announces
the holder of the use of radio frequencies to the Office, including the data
According to § 13 para. 2 or 3.
§ 19b
Individual permissions for the use of radio frequencies for
experimental purposes
(1) the authority shall decide on the granting of individual permission to use
radio frequencies for experimental purposes (hereinafter referred to as "permission for
experimental purposes ") on the basis of a written application.
(2) Experimental purposes the use of radio frequencies for
research, development and operational validation of new broadcast radio
device, or authentication, and discovery of physical properties of propagation
radio waves.
(3) the use of radio frequencies for experimental purposes may not
experience the provision of electronic communications services in order to
direct or indirect economic or commercial advantage.
Bodies, for which the holder of the permission for experimental purposes
ensures the use of radio frequencies for experimental purposes,
contribute to the costs incurred in connection with such use,
with a summary of the reasonable costs paid by these bodies may not
exceed the total costs of the holder permission for experimental purposes
on the use of radio frequencies for the experimental purpose.
(4) for the submission of applications for the granting of permission for experimental purposes
§ 17 paragraph 2 shall apply mutatis mutandis. 3 and 4. The applicant is obliged to challenge the authority
to submit more detailed information about the use of frequencies for experimental
purposes.
(5) for the issue of permission for experimental purposes shall apply mutatis mutandis to section
Article 17(1). 6 and § 18 para. 1 and 2. The Office grants permission for experimental
purposes for a maximum period of 12 months. The period of validity may be extended
once for a maximum of 6 months.
(6) the authority shall not grant or extend their validity of permission for experimental purposes
grounds listed in § 17 paragraph 2. 11 (a). a) to (c)) and (b). e) and (f)), and in
If required use of radio frequencies for
experimental purposes does not conform to paragraph 2.
(7) in the case of the grant or renewal of permission for experimental
purposes in the frequency band reserved exclusively for radio service
The Office shall inform the Council for radio and television broadcasting.
(8) the holder of a permission for experimental purposes shall not be entitled to the protection of
against harmful interference caused by other devices using radio
radio service and at the same time may not cause harmful
interference to other radio equipment to radio
services.
(9) in the case of the formation of harmful interference caused by
holder for experimental purposes to radio equipment
other radio service, is the holder of the privilege for
experimental purposes shall immediately take such steps,
that this prevents harmful interference, in the extreme case of the use of
radio frequencies for experimental purposes at its own cost, to terminate.
(10) the Permission for experimental purposes, ceases to be valid
and, on the expiration of the period) which has been granted,
(b)) in the case that is granted to the use of radio frequencies in the
the frequency band in which limits the number of rights of use of radio
frequencies and in which occurred at the time of validity of the permission for
experimental purposes to grant rights of use of radio frequencies on
the basis of a selection procedure pursuant to § 21. This does not apply if the holder of the
permission for experimental purposes, become the holder of the right
(c) the date of termination of a legal person), which holds the privilege if
This has no legal successor,
(d) the date of death of the holder) permission if in his business does not continue
heir ^ 16b) or administrator of heritage ^ 16 c),
e) date on which the decision of the authority referred to in paragraph 13 came into force.
(11) the holder permission for experimental purposes is obliged to immediately
notify the Office change the facts on the basis of which he was the
permission is granted.
(12) the authority is entitled to decide to change the permissions for the experimental
the purpose of the grounds provided for in § 19 para. 1.
(13) the authority is entitled to decide to withdraw the permission for experimental
the purpose of the grounds provided for in § 19 para. 4 (b). a) to (c)) and (b). (e)).
(14) the holder permission for experimental purposes is required to provide
The Office, at its request, information on the results of the use of radio
frequencies for experimental purposes.
(15) the lodging of an appeal against a decision to grant permission
for experimental purposes, does not have suspensory effect.
section 20
Limit the number of rights of use of radio frequencies
(1) the authority may limit the number of rights of use of radio frequencies in the plan
the use of radio spectrum, only for reasons of ensuring the effective use of
radio frequency, and if this is not contrary to the interests of users or
interest in the development of competition.
(2) the consultation referred to in section 130, the Office always indicate
and details of radio frequencies) or the frequency range in which the
limit
(b)), the estimated number of rights that should be granted,
(c)) the conditions that the Office intends to establish in connection with the use
of radio frequencies,
(d)) the reasons which lead to the intention to limit the number of rights of use of radio
frequencies.
(3) the authority shall monitor and at reasonable intervals or at the
the basis of the request reasonable persons affected by limiting the number of rights to the
the use of radio frequencies to examine whether the grounds for limiting the number of
rights of use of radio frequencies still apply. Where the Office has considered that
the reasons for limiting the number of rights of use of radio frequencies have ceased to apply, or
that, given the interest of the users or the interest of the development of economic
competition is necessary to limit the number of rights of use of radio frequencies
cancel the authority limits the number of rights of use of radio frequencies in the plan
the use of radio spectrum, cancels and then decides to cancel the allocation
issued in this frequency range. Decision on permission to use
of radio frequencies issued on the basis of the cancelled the allocation and the terms of
laid down in those decisions remain in force, if
The authority of the reasons for which the lifting of restrictions on the number of rights,
Decides to withdraw the permission for the use of radio frequencies. If
The Office decided to cancel the allocation and the withdrawal of permission to use
of radio frequencies issued on the basis of the cancelled the allocation belong
the holder of the allocation of the compensation for the withdrawal of the allocation. In determining the amount of the refund
The authority shall take into account the current residual cost allocation and efficient and effective
the costs incurred in accordance with § 27 para. 5 incurred as a result of holders
the possible evacuation of the frequency band.
(4) If, in a given frequency band independent assignment of radio
frequencies, the Office is obliged to carry out a review referred to in paragraph 3 within 18
months before the end of this allocation. In this review, the Office of the
will assess, in particular,
and the need to maintain restrictions on the number of) rights,
(b) the effective use of allocated) radio frequency current holder
the allocation,
(c)) the technical conditions further use of radio frequencies,
(d) the interest of the holder of the current allocation) of the radio frequencies,
(e)) the functioning of competition in the electronic communications field.
(5) where, on the basis of the results of the review will have the Authority considered that the
It is necessary to continue to maintain restrictions on the number of rights, ensuring the awards
of the allocation of radio frequencies on the basis of the expert's report, and
not later than 12 months before the expiry of this allocation. After
consultation in accordance with section 130, which includes the results of the review and appraisal
of the allocation, the Office shall invite the holder concerned to request the allocation
the granting of the new allocation according to the conclusions of the review. This challenge, the Office shall be
no later than 6 months before the end of the validity period of the allocation. On the application
The Office shall decide without a selection procedure pursuant to § 21.
(6) in the event that the holder of the allocation fails to file a request for a new
the allocation within the time limit specified by the Office, which shall not be shorter than one month,
or request does not match the findings of the review, the authority shall accede to the selection
proceedings under section 21.
section 21
The selection procedure for the assignment of radio frequencies
(1) if the number of rights of use of radio frequencies usage plan
the radio spectrum is limited, the Office shall publish the selection procedure in order to
the granting of rights of use of radio frequencies) and the ^ 57a, whether
applications for the granting of rights of use of radio frequencies evaluated according
the criteria referred to in paragraph 3, or whether they will be the sole criterion
evaluation of applications, the results of the auction. Prior to the publication of the selection procedure
The authority shall consult the conditions of participation, the criteria and the method of evaluation of applications and
the terms of the tendering procedure pursuant to § 130.
(2) the conditions for participation in the tendering procedure for the Office, taking into account
the fulfilment of the objectives contained in § 5 para. 2 to 4, and in accordance with the principles of
referred to in paragraph 6. Conditions of participation may include financial,
technical and professional prerequisites of entrepreneurs for the use of
of radio frequencies. If the applicant fails to comply with the conditions for participation in the selection
proceedings, the Office shall decide about its exclusion from further participation in the proceedings. Administration
an appeal against this decision does not have suspensory effect.
(3) the criteria for the evaluation of applications for the granting of rights of use of radio
frequencies in the case of a selection procedure in the form of reviews of the application provides
The authority shall, taking account of the objectives contained in § 5 para. 2 and 3 and in
accordance with the principles set out in section 6. The criteria may include, in particular,
and the) financial, technical and professional prerequisites for use of entrepreneurs
allocation of radio frequencies,
(b) the time of the commencement of the use of radio) frequencies, schedule development
the use of radio frequencies, depending on the coverage of the territory or
the population and way of use of radio frequencies,
(c)) the estimated amount of investment costs for the construction and development of the network
electronic communications.
(4) the authority shall be entitled to require the applicant to submit the necessary
information, which proves that it can condition associated with the grant of rights
meet; If the applicant does not provide the information within the prescribed period, the Office is
shall be entitled to reject the application for the grant of rights.
(5) the Office shall publish invitations to tender in the telecommunications
Journal, and on the notice board of the Office, including electronic
and for that) the information services to be rights to the use of radio
the frequencies awarded,
(b)) the number of rights that should be granted,
(c) information about radio frequencies), which are the subject of the selection
management,
(d) the conditions attached to the granting of an) rights to the use of radio frequencies,
including the period for which allocation of radio frequencies will be awarded
e) determine whether the application for the granting of rights of use of radio frequencies
will be evaluated according to the criteria referred to in paragraph 3 or if the only
the criterion of evaluating applications for the granting of rights of use of radio
the results of the auction, the frequency
(f) the amount of the price for the award), rights to use radio frequencies, the criteria
evaluation of applications and rules for the selection procedure in the event that the request for
the granting of rights of use of radio frequencies will be evaluated according
the criteria referred to in paragraph 3,
g) auction rules containing the complete rules of the auction, in the event that the
the only criterion for evaluating applications for the granting of rights of use
the results of the auction of radio frequencies,
h) conditions of participation of the selection procedure,
I) time limits for the submission of applications,
(j) the amount and conditions of composition) bail ^ 55), if it is required for
ensure that the course and the purpose of the selection process, and further identification of cases
When the financial security shall be forfeit.
(6) following the publication of the selection procedure cannot be tender
change. The authority is authorized to cancel the tender announced by the management
stop, even after expiry of the period laid down for the submission of applications. In
the case that a participant of the tender commits acts which would
threatened or frustrate the progress or the outcome of the selection procedure,
The Office shall decide about its exclusion from further participation in the competition.
(7) in the event that the sole criterion for evaluating applications for the granting of rights to
the use of radio frequencies, the results of the auction are from the right
access to the file excluded those parts of the file, which would result in
inspection may cause damage to the legitimate interests of the applicants or by
This may cause a hazard or thwarting the progress or the outcome of the
the selection procedure. This restriction also applies to information on applicants who
have submitted applications for the granting of rights of use of radio frequencies, and their
the number of. If the only criterion for evaluating applications for the granting of rights to
the use of the results of the auction of radio frequencies, are participants in the selection
control required to maintain the confidentiality of all facts that are
related to their participation in the proceedings.
(8) on the basis of the outcome of the selection procedure, the Office shall refuse the request,
unsuccessful applicants within two months after the end of the selection
control. After the decision in the first sentence and the payment of the cost
the granting of rights to use radio frequencies according to the results of the selection
proceedings, the authority shall issue a decision pursuant to section 22. If successful, the applicant fails to pay the
the price for the granting of rights of use of radio frequencies in accordance with the results of the
the selection procedure, the Office shall reject the request. The decision under section 22 shall
delivers only the successful applicant.
(9) the report on the progress and outcome of the selection procedure, including
the preamble shall publish, not later than 1 month after his termination.
section 22
Assignment of radio frequencies
(1) the Allocation of radio frequencies "means the granting of exploitation rights
of radio frequencies in accordance with conditions to be laid down in the Office
permission to use radio frequencies. The Office of the President of the Council (hereinafter referred to as
"the President of the Council") shall decide on the grant allocation of radio frequencies
an applicant who has been selected by the procedure laid down in article 21, or has been selected to
the use of radio frequencies by a Commission decision.
(2) the President of the Council in the decision on the allocation of radio frequencies shall be
and) specification of radio frequencies,
(b) the designation of service or type of) network or technology for which the
rights to use radio frequencies are granted, or of an exclusive
the use of radio frequencies for the transmission of specific content or
the specific audiovisual services,
(c) the efficient use of the) conditions of radio frequencies, or coverage
territory, or the population,
(d)) the terms of transfer of the allocation of radio frequencies in accordance with article 23,
e) an exhaustive list of commitments which the applicant took over during the selection
proceedings on the granting of rights of use of radio frequencies,
(f)) period of validity of the allocation of radio frequencies and
g) obligations arising from the relevant international agreements on the use of
of radio frequencies.
(3) the period of validity of the allocation of radio frequencies in accordance with paragraph 2 (a). (e))
must be proportionate to the service of electronic communications and in accordance with the
kmitočtovými plans, Community harmonisation projects of the European Union, international
treaties by which the Czech Republic is bound and which were announced in the
The collection of laws, or in the collection of international treaties, and national security.
(4) the Allocation of radio frequencies can be granted only to businesses zajištujícímu
providing a public communications network or publicly available service
electronic communications, unless a special law does not provide for
otherwise ^ 16).
(5) the Allocation of radio frequencies does not replace the use of
radio frequencies and shall not entitle the entrepreneurs to use of radio
frequencies for the operation of broadcasting of radio equipment. Permission to
the use of radio frequencies, which was issued by the assignment of radio
frequencies, may be granted to the holder of the allocation or with his
consent of entrepreneurs providing a public communications network or
providing publicly available electronic communications service.
§ 22a
Changing the allocation of radio frequencies
(1) the President of the Council shall decide after consultation in accordance with section 130 of the change of the allocation
at the request of the holder of the radio frequency allocation.
(2) the President of the Council may also decide to change the allocation of radio
frequencies, if
and) permission to use radio frequencies to which the allocation
covers, withdrawn in accordance with § 19 para. 4 (b). (b)), or (d)) and the holder of the
the allocation was a holder of the withdrawal of permission, or
(b) the transfer of allocation), pursuant to section 23.
(3) when making a decision pursuant to paragraphs 1 and 2 of the President of the Council will assess the performance of the
all the conditions and obligations set out in the allocation, taking into account in particular
fulfilment of the conditions under section 22(2). 2 (a). (d)), the range of services for which the
rights to use radio frequencies are granted, the need to ensure
competition and compliance with the conditions of a meaningful use of radio
frequencies. In accordance with paragraph 1, paragraph 2 (a). (b)) and paragraph 5 of
You can change the assignment of radio frequencies only in the case that it is necessary to
to populate the harmonisation goals of the European Union or international
the contracts, which the Czech Republic is bound and which were announced in the
The collection of laws, or in the collection of international treaties.
(4) the President of the Council shall decide to amend the allocation of radio frequencies, if
This is necessary to ensure compliance with the obligations arising from international treaties,
the Czech Republic is bound and which was promulgated in the collection of
in the collection of laws or international treaties, or it is apparent from the membership
The Czech Republic in the European Union, the North Atlantic Alliance or in the
international organizations when required by national security or is
necessary to ensure the fulfillment of objectives of the European Union for harmonisation
on the use of radio spectrum ^ 16a).
(5) Change the allocation of radio frequencies can be done also if the
under the procedure referred to in article 21 to grant additional rights to use the
radio frequency allocation holder and such change shall not prevent the display
requirements allocation pursuant to § 22 para. 2.
section 22b
The withdrawal of the allocation of radio frequencies
(1) the President of the Council shall decide on the withdrawal of the allocation of radio frequencies or
parts of it (hereinafter referred to as "the withdrawal of the allocation of radio frequencies") if
and the allocation holder has ceased to comply with) any of the conditions subject to which
the basis of allocation was granted him, or the conditions laid down by specific legal
Regulation 11) ^ ^ ^ 16) and has not completed the remedy within the time limit specified by the Office, or
pursuant to § 114, as was the possibility of the withdrawal of the allocation for this reason
The Office, in writing, notified
(b) the allocation holder has not complied with) a condition or obligation laid down in this
by law or by a decision to grant allocation and correction has not completed or in
time limit specified by the Office pursuant to section 114, as was the possibility of the withdrawal of
the allocation for this reason, the Office notified in writing,
c) permission to use radio frequencies to which the allocation
covers, withdrawn in accordance with § 19 para. 4 (b). (b)), or (d)) and the holder of the
the allocation was a holder of the withdrawal of permission, or
(d) the allocation holder has not complied with the obligation to) stored in § 23 para. 5.
(2) if the period for the initiation of the use of radio frequencies is not
fixed allocation of radio frequencies, the holder is obliged to start allocation
use the allocated radio frequencies up to 2 years from the date of final
the decision on the allocation. If the holder of the allocation did not begin to use
radio frequencies within the specified period, the President of the Council shall decide on the withdrawal of the
the allocation of radio frequencies.
(3) when making a decision pursuant to paragraphs 1 and 2 of the President of the Council will assess the performance of the
all the conditions and obligations set out in the allocation, taking into account in particular
the range of provided services, for which the rights to the use of radio
the frequencies awarded, the need to safeguard competition and performance
the efficient use of radio frequencies, conditions.
(4) the President of the Council shall decide on the withdrawal of the allocation of radio frequencies,
If
and) it is necessary to comply with the obligations arising from the international
the contract, which the Czech Republic is bound and which was proclaimed in the
The collection of laws, or in the collection of international treaties, or from the membership
The Czech Republic in the European Union, the North Atlantic Alliance or
international organisations, or when required by national security,
(b) the allocation of the withdrawal) the holder has requested, or
c) in the case of transition of the allocation as a result of the facts under section 22 c of paragraph 1.
1 (b). (b)), and (c)) would be a breach of the conditions laid down in § 23 para.
1.
section 22 c
Expiry of the allocation of radio frequencies
(1) the assignment of radio frequencies shall expire
and, on the expiration of the period), which was granted,
(b) dissolution of a legal person) the date on which it was granted, if this does not
legal successor, which satisfies a condition pursuant to § 22 para. 4,
c) in case of death of a natural person which has been granted,
1. on the date of death, if the heir does not continue in her business ^ 16b)
or the administrator of heritage ^ 16 c), which satisfies a condition pursuant to § 22 para. 4,
or
2. the mere lapse of the time limit referred to in § 23 para. 4 If the heir does not meet the
the condition pursuant to § 22 para. 4,
(d) the date on which the decision) of the President of the Council under section 22a and 22b becomes
power,
(e)) the mere lapse of time limits pursuant to § 23 para. 3, or
f) acquisition of the decision under section 20 (2). 3.
(2) in the case where the result in the extinction of the legal person, who is
the holder of the allocation of radio frequencies, the legal successor, and thus to
the transition of the allocation of radio frequencies to the legal successor, the Office shall issue to the
the basis of the application of the allocation holder's statement whether the transition of the allocation
radio frequencies are not violations of the conditions provided for in § 23 para.
1.
(3) in the case of dissolution of the legal person who was the holder of the allocation
radio frequencies and that has legal successor, is the legal successor to the
obliged to inform, in writing, of its succession to the Office no later than 1
months from the date on which the dissolution of legal persons has occurred.
§ 22
The transition of the allocation of radio frequencies
(1) termination of the legal person who is the holder of the allocation of radio
frequencies, the assignment of radio frequencies on its legal
the successor, if the successor fulfils the conditions pursuant to section 22(2). 4 and
If you are at the same time the conditions under which the Office grants
consent to the transfer of the allocation of radio frequencies in accordance with § 23 para. 1.
(2) the legal successor to the defunct legal person, who has been a holder of the
the allocation of radio frequencies, it is about his succession shall in writing
inform the authority without undue delay.
(3) the death of a natural person who is a holder of the allocation of radio
frequencies, the assignment of radio frequencies to its heir, if
This person meets the condition pursuant to § 22 para. 4.
(4) the heir upon whom he crossed the assignment of radio frequencies in accordance with paragraph
3, shall without undue delay notify in writing to the Office.
Article 23 of the
The conversion of the allocation of radio frequencies
(1) an undertaking may on another entrepreneur to convert the assignment of radio
frequencies, or part thereof (hereinafter referred to as "transfer allocation") only with the prior
the consent of the authority. Authority of this approval shall be granted if the
and the intended transfer of the allocation will not) distorting competition in the
electronic communications in terms of the use of radio
frequencies,
(b) the intended transfer allocation) does not change the terms of use
radio frequencies whose use has been internationally harmonized,
(c) the intended transfer of the allocation will not be) to distort the efficient utilization of the radio
spectrum,
(d)) with the holder concerned not the allocation of radio frequencies for the management
the withdrawal of the allocation of radio frequencies, or portion thereof,
e) request for the consent of the Authority transfer allocation meets the
the elements listed in paragraph 2.
(2) the request to grant consent to the transfer of the allocation referred to in paragraph 1
the holder of the allocation of radio frequencies shall be
and their identifying information in) the scope according to § 13 para. 2 or 3,
(b) the transferee) the identification of the future allocation of radio frequencies
to the extent pursuant to § 13 para. 2 or 3,
c) reference number and date of issue of the decision on the allocation of radio frequencies,
that is the subject of the intended transfer of the allocation,
(d) the designation of the type of service) network or technology relating to part
the allocation of radio frequencies, which is to be the subject of the intended conversion
the allocation of radio frequencies,
(e) the time of the commencement and the way) the use of radio frequencies, that are to be
the subject of the intended transfer of the allocation, a future purchaser,
f) information about the financial, technical and professional prerequisites
the future of the transferee for the use of radio frequencies, that are to be
the subject of the intended transfer allocation.
(3) the transfer of the allocation must be made within 60 days of the date of consent
The authority referred to in paragraph 1.
(4) the Allocation of radio frequencies can heir the holder allocation of radio
frequencies, which does not meet the condition pursuant to § 22 para. 4, transfer to another
person within 5 months from the date of final legal effect of the resolution in the
the legacy of a deceased holder of the allocation of radio frequencies on the basis of
which has been designated the heir of this allocation, in accordance with the conditions referred to in
paragraphs 1 to 3.
(5) where the authority on the basis of the review and consultation pursuant to § 130 establishes
that in a specific frequency band can on the basis of the allocation granted
radio frequencies lead to distortion of competition as a result of
the accumulation of the spectrum, shall decide on the allocation or conversion obligations specified
part of the allocation or the provision of consent to the use of other
an entrepreneur, in return for payment. If the holder fails to comply with the allocation
decisions of the Office within a time limit which shall be not less than 120 days, the Office
shall decide on the withdrawal of the allocation or part thereof.
§ 23a
(1) the authority shall publish notice of the decision to grant, amendment or withdrawal of
the allocation of radio frequencies and information transfer or gradient of the allocation
of radio frequencies.
(2) the authority shall issue, at the request of the new holder of the allocation of radio frequencies
a certificate of change in the person of the holder of the allocation.
section 24
Fees for the use of radio frequencies
(1) the holder of the use of radio frequencies and the holder of the
permission for experimental purposes are required to pay for the use of
radio frequency annual fees.
(2) the amount of the annual fee referred to in paragraph 1 shall be adopted in accordance with the
the legislation according to the type of radiocommunication services in a controlled manner in the
the following limits:
and ground) in the mobile service in the range of from 1 000 to 8 0000 0000 CZK
one allocated frequency channel depending on the used width of the
frequency band, radio equipment and size parameters
the geographical area serviced,
(b)) in the fixed service in the range from 300 € to 1 200 0000 CZK for one
the allocated frequency channel used by the width of the frequency dependent
zone, the kind of directional radio connections, the kind of frequency band and
parameters of radio equipment,
(c)) for the dissemination and transfer of the airwaves (radio service) in
from 375 € to 180 000 CZK per one allocated frequency channel in
Depending on the type of frequency band and radio broadcasts and on
parameters of radio equipment,
d) for dissemination and broadcast (radio service) in
from 375 € to 18 0000 0000 CZK for one allocated frequency channel
Depending on the type of frequency band and television broadcasts and
parameters of radio equipment,
(e)) in the satellite service in the range of from 1 000 to 180 000 CZK for one
the allocated frequency channel depending on the used width of the frequency
zone and the technology that enables the efficient use of the frequency bands
selecting free frequency channel or multiple access to the
This channel
(f)) for other radio services in the range of from 1 200 € to 9 600
CZK per one allocated frequency channel depending on parameters
radio equipment and the size of the geographical area served.
(3) the obligation to pay the fees referred to in paragraphs 1 and 2 shall not apply to
holder's permission to use radio frequencies in the use of
radio frequencies for the amateur radio service, and for
Air floating service in sports and recreational activities.
(4) the fees paid by the holder of the use of radio
frequencies for the use of radio frequencies for the radio service will pay the
the operator of a radio or television broadcast ^ 11) without undue
delay to the holder of the use of radio frequencies. If
more operators of radio or television broadcast the same network
electronic communications will be broken down according to the amount of their share of the costs
the General data flow. If the data flow for other services
another person, electronic communications, subject to the obligations of the
the operator of radio or television broadcast under this
provisions.
(5) the Government Regulation, where appropriate, the method of calculating the amount of the fee
in accordance with paragraph 2 and its period of maturity.
§ 25
Short-term permission to use radio frequencies
(1) the Office grants permission to the use of short radio frequencies on
the request for an absolutely necessary, however, for a period of not more than
not exceeding 15 days. Short term permission is specified for a single
the purpose of that cannot be predicted in advance, in particular to
ensure the guard radio communication of important people,
television and radio transmissions from the contingencies and territorial
Limited radio communications in organizing sports and cultural-
social events. It can be granted, if the required frequencies to
available and in the absence of their use to harmful interference. Time
the validity of the short permission to use radio frequencies cannot be
extended.
(2) the request shall contain the
and) identification of the applicant to the extent referred to in § 17 paragraph 2. 3 (b). and)
(b)) the data on radio frequencies, that are required in the range according to the
§ 17 para. 4,
(c) the use of radio) frequencies.
(3) the request must be delivered to the Office of the first 15 days, but not less than 3
business days before the desired date of initiation of the use of radio
frequencies.
(4) in the event that an application for a short term at the Office has
filed in electronic form without a recognised electronic signature, or
by telefax, additional confirmation in the manner prescribed
the code of Administration ^ 56) is not required.
(5) the applicant is obliged to pay and when submitting requests to substantiate the payment of
one-time fee for the use of radio frequencies in the amount of 3 000
CZK.
(6) if the applicant fails to comply, he returns the entire fee for the Office
the use of radio frequencies.
(7) If you cannot release the short decision applicant
in time to announce the delivery of a copy of the written copy of the decision in
paper or electronic form, the Office shall inform the applicant of the release
the decision shall be sent by telefax or electronic copy of the
a copy of the written copy of the decision. A copy of the written
copy of the decision the Office serves him in the shortest possible time.
(8) an appeal against a decision on the issue of short-term
permission does not have suspensory effect.
(9) the use of radio frequencies to foreign body on the principle of
reciprocity under international treaties, which the Czech Republic is bound by the
and published in the statute book or in the collection of international
contracts, or arising out of membership of the Czech Republic in the European Union,
The North Atlantic Alliance or international organizations, or in the
the interest of the security of the State, shall not be subject to a one-time fee.
(10) where the Office grants permission for the propagation of short radio
and television broadcasting, without delay, inform the Council for radio
and television broadcasting.
section 26
The competence of the
(1) the competence for the use of radio frequencies is required for
servicing
and) radiotelephony, radio telegraph or other broadcast radio
equipment placed on board aircraft and ships entered in the aerospace,
nautical or marine register of the Czech Republic,
(b) the radiotelephone and radio telegraph road) broadcast radio
air moving equipment services and maritime mobile services and
the radiotelephone service on inland waterways, ^ 13) ^ 17)
c) radiotelephone and radio telegraph land of broadcast radio
equipment operating in the band short wave,
(d)) of broadcasting of radio equipment for amateur radio
the service.
(2) operation of broadcasting of radio equipment referred to in paragraph 1 may
to pursue persons who have a valid document of professional competence to
operating instructions for these devices. The holder of the use of radio
frequencies shall be obliged to ensure that the operation of broadcasting of radio equipment
carried out only by a person who has a valid certificate of professional competence.
The authority shall, on request, verifies the eligibility of the test manual radio
radio equipment and issues certificates of professional competence. If
the special capacity of the applicant was not recognised by the Office of the Special
^ 18) legislation, the authority shall verify the applicant's eligibility manual
broadcasting of radio equipment at all times.
(3) the applicant shall be used for the test referred to in paragraph 2 is logging in writing at the Office.
The applicant shall specify the date, so that the test took place
within 3 months of receipt of the application.
(4) an applicant who has demonstrated professional competence to perform the operation
broadcasting of radio equipment to the test or if its special
eligibility was Authority recognized under a special legal regulation, it shall issue
Office of license of professional competence.
(5) the requirements for applications for the test referred to in paragraph 3, the General conditions
to test the range of the knowledge needed for each species
professional competence, how to carry out the tests, the types of certificates of professional
competence and their term of validity shall adopt detailed legislation.
(6) at the request of the holder of the certificate of professional competence, the period of validity of the
certificate of professional competence extended repeatedly. The request for extension
the period of validity of the certificate of professional competence must be the holder of the licence,
made at least 1 month before the date of expiry of the period of its validity.
(7) if the period of validity of the certificate of professional competence, in
the period of one year from the date of its expiry issue a new
the licence, if the applicant demonstrates the application confirms that at the time of
licence for at least two years to exercise the operator of broadcast radio
devices to which a licence has been issued to professional competence.
Part 4
Radio account
section 27 of the
(1) to cover effectively and reasonably incurred costs arising
holders of permission for the use of radio frequencies or Ministry
the defense in the use of radio frequencies for military purposes as a result of
changes in the use of radio spectrum for the reasons referred to in § 19 para. 1
(a). a) to (c)) and pursuant to section 20 (2). 3 the Office shall set up radio communications account
that it manages. Resources of radiocommunications account can also be used to
recovery of the costs incurred by the holders permission to use radio
frequencies or the Ministry of defence in the use of radio frequencies for
military purposes arising as a result of the removal of the technical incompatibilities
that is not the result of non-compliance with the conditions laid down in the
use of radio frequencies in the general authorisation or planning to
the use of radio spectrum.
(2) the means of radiocommunications account can also be used to cover expenditure
Authority in connection with the fulfilment of the obligations under this Act of the United
providing radio spectrum management, and to cover the costs
incurred for the
and support in ensuring) the tendering procedure pursuant to § 21,
(b)) the purchase, modification, repair, maintenance and further development
programming tools and computer equipment necessary for the performance of the Administration
radio spectrum.
(3) the means of the radio account referred to in paragraph 2 may in
calendar year exceed 25% of the balance on the radio
account for the previous calendar year. The Office is entitled to draw on the reimbursement of expenditure
only if this does not to limit the claims of legitimate claims
the bodies referred to in paragraph 1.
(4) the Radio account means an account which is not part of the
the State budget. Funds in the account are kept at a Bank and can be
use only for the purposes under this Act. The account balance at the
end of the calendar year following the year transferred to. The interest is
State budget revenue, the remuneration for the banking services associated with the management of
account are an expense of the State budget. The revenue of the radio account
It forms part of the fees for the used frequencies in the amount prescribed by the Government.
(5) the holder of the use of radio frequencies or the Ministry of
the defense, which requires payment to effectively and reasonably incurred costs of
the grounds referred to in paragraph 1, the authority shall submit to the quantification of these
cost accounting, with records. The Office will examine the submitted
quantification based on accounting, technical documentation and
other primary documents. Based on the result of their assessment Authority
the proposed amount of efficiently and reasonably incurred costs shall confirm or
by effectively and efficiently incurred costs.
(6) the costs referred to in paragraph 1:
and technical adjustments) the cost of equipment in the event of changes to the assigned
radio frequency or change its technical parameters
(b)), the salvage value of equipment used for current use of
radio frequencies and eliminated as a result of changes in the use of radio
frequencies,
(c) removal and) cost of disposal facilities for the existing way
the use of radio frequencies,
(d) the costs of mounting and) putting into operation the equipment replacement
discarded equipment and
(e)) cost of electronic communications services provided by
through the existing radio frequencies in any other way, and for
as long as necessary in order to ensure the necessary technical measures to
a change in the use of radio frequencies.
(7) a statement of the management of funds for the account of the radio
the calendar year is required to disclose. This statement forms
part of the annual report on the activities of the Office under section 110.
(8) the Government shall determine by regulation the method and the rate of formation of resources
the radio account of a part of fees for the right to use frequencies and
the way their drawing in accordance with the provisions of section 133.
Part 5
Managing the numbers and number series codes, addresses, and names
section 28
Duties Of The Office
(1) the Office shall exercise, to ensure the management and efficient use of numbers,
number sequences and codes, addresses and names, with the exception of Internet addresses,
(hereinafter referred to as "numbers") number management for electronic networks and services
communications, which is in accordance with the intentions of the Community harmonisation of the European Union.
(2) the management of numbers means the build numbering plans, the rules for
the creation of addresses and names, with the exception of Internet addresses (hereinafter referred to as "numbering
plans ") and the implementation of its changes, award, implementation of changes and removal
permission to use numbers, registration and control of their use.
(3) the Office shall keep a database of assigned numbers that contains at least the numbers
the decision, which was assigned number, and the time at which it was
allocated. The database is publicly accessible manner allowing remote
access.
section 29
Numbering plans
(1) numbering plans, in accordance with the obligations of the United States arising
from an international treaty or from membership in international organizations,
contains rules for the creation and use of numbers, including European
harmonised numbers ^ 18a), for publicly available electronic
communications services provided via electronic communications networks.
Numbering plans also specify exceptions to the obligations of the portability
telephone numbers (section 34).
(2) the authority is entitled to decide on the introduction of a special scheme for the call
between border areas of the United States and adjacent to them
border regions of the Member States. Entrepreneur providing publicly
available electronic communications service shall, without undue
delay of such modes, inform your end users in the
the said areas.
(3) the holder of the use of numbers is obliged to change
numbering plan make the cost of technical adjustments resulting from the
This change. Subscriber or user shall not be entitled to the reimbursement of expenses or
any damages that can arise when you change the number in the
due to changes in the numbering plan.
(4) the Numbering plans shall specify the implementing legislation.
section 30
Permission to use numbers
(1) the numbers of the numbering plan can be used only on the basis of permission to
the use of numbers under section 32, which gives the Office, unless the law of the
The European Union something else or if permission to use numbers
does not grant International Telecommunication Union ^ 57). The authority shall decide on the
granting permission to the use of numbers to be provided
the corresponding figures for all public and non-public communications networks and
publicly available electronic communications service.
(2) the Office shall decide on the grant of permission to use numbers to any
entrepreneurs providing a public communications network or providing
publicly available electronic communications service under General
permissions, or užívajícímu this network or service in accordance with the
conditions ensuring effective use of numbers, on the basis of its
the applications submitted by the Office. In the case of the use of numbers attached
to non-public communication networks the Office is entitled to grant this permission
(I) the legal entity that is not an entrepreneur in the first sentence. In the case of
European harmonised numbers the Office shall decide on the grant of permission
entrepreneurs providing a public communications network or providing
publicly available electronic communications service, or
nonentrepreneurial natural person whose activity corresponds to the purpose for which
These numbers are reserved.
(3) an application for the grant of permission to use numbers must contain
a) when the applicant is
1. business legal person, business name, address of the registered office, or
the address of the branch in the Czech Republic, and
the identification number, if assigned, the name or names,
last name and address of the person authorized to act on behalf of the legal person,
2. doing business means a natural person, the name or names, first and last name,
where applicable, the trading name, address of the place of residence, business, or
the address of the branch in the Czech Republic, and
the identification number, if assigned,
3. private legal person, the name, address of the registered office and identification
number, if assigned,
(b)) numbers that are required, and the purpose of their exploitation,
(c) the use of the numbers).
(4) the request must be for persons so far not entered in the commercial register
accompanied by a certified copy of the contract or the establishment or establishment
of the legal entity.
(5) the Office shall decide on the grant of permission to use numbers promptly.
In the case of numbers reserved for specific purposes within the numbering
the plan, the Office shall decide within a period of 3 weeks from the date of receipt of a complete
request.
(6) the authority shall suspend the granting of permission to use numbers for a maximum
for a period of 8 months, if no appropriate numbers available.
(7) the authority shall publish notice of the decision to grant permission to use
numbers.
(8) the authority decides that it does not grant permission to use numbers, if
and does not allow the use of the numbers) numbering plan,
(b)) it requires conformity to standards of the obligations arising from international treaties,
the Czech Republic is bound and which was promulgated in the collection of
in the collection of laws or international treaties, or from the membership of the United
States in international organisations,
(c)) the applicant or to a repeated challenge to the authority and the time limit laid down in the
did not submit a full application for the grant of permission to use numbers,
(d)) the requested figures are not available.
(9) the authority may decide not to grant permission to use numbers
an applicant who has overdue arrears in fines or
fees imposed pursuant to this Act.
(10) an entrepreneur who has been granted permission to use numbers, not
to discriminate against other businesses providing electronic services
communications services as regards the number sequences used for access to their
services.
(11) an undertaking may transfer his or her permission to use the numbers on the different
entrepreneurs only with the consent of the authority. To convert the permissions apply
the provisions of § 23 apply mutatis mutandis. This is without prejudice to the use of numbers to other
businessman on the basis of their delegation under section 34.
(12) an appeal against a decision referred to in paragraph 5 does not
suspensory effect.
section 31
cancelled
§ 32
The use of release numbers
(1) the authority in the use of numerals indicating the
and when the applicant was)
1. business legal person, business name, address of the registered office, or
the location of the branch on the territory of the United States, and the identification
number, if assigned,
2. doing business means a natural person, the name or names, first and last name,
where applicable, the trade name, residence, address of the business and
the identification number, if assigned,
3. private legal person, the name, address of the registered office and identification
number, if assigned,
(b)), the numbers assigned
(c)) the designation of service for which the number shall be used, including all
requirements linked to the provision of that service,
(d)) the amount of fees pursuant to § 37, unless otherwise provided by this Act,
(e)) the duration of the use of numbers.
(2) the authority may also, in the use of numbers, impose conditions
relating to the
the efficient use of numbers),
(b)) the obligations to ensure access to operator services and information
services of phone numbers and phone lists of participants,
(c)) the transfer permission to use numbers on the initiative of the holder and
terms and conditions for such transfer, or
d) obligations arising from international agreements relating to
the use of numbers.
The conditions mentioned above, the Office may provide that, except as provided in this Act,
the general authorisation, or special legislation.
(3) the holder of the use of numbers is obliged without delay to the Office
report a change the facts on the basis of which he was this permission
granted.
(4) the period of validity of the permission to the use of numbers referred to in paragraph 1 (b).
(e)) must be appropriate to the service of electronic communications and in accordance
with the numbering plan, Community harmonisation projects of the European Union, international
treaties by which the Czech Republic is bound and which were announced in the
The collection of laws, or in the collection of international treaties, and national security.
§ 33
Access to the single European emergency call number and the national
emergency call numbers
(1) an entrepreneur providing publicly available electronic service
communications to the originaci national call is obliged to provide to all their
end users, including users of public pay telephones,
the call, which is free and does not require the use of any
the payment instrument, the emergency call number. Emergency numbers
call the single European emergency call number (112) and the national
emergency call number provided for in the numbering plan. Emergency telephone numbers
the call is used to advertise the event in cases where life is at risk,
health, property or the public order.
(2) an entrepreneur providing publicly available electronic service
communications to the originaci national calls via the fixed public
communications network is required to provide, without delay and free of charge
entrepreneurs having a connection to the fixed public communication network
the body that runs the site to receive calls to numbers
an emergency call, the current personal data of all its participants-physical
people and details of all its participants-for legal entities
localization, or caller ID when calling numbers
emergency calls. The following information is providing the entrepreneur is obliged to
Update on an ongoing basis, at least once every 14 days.
(3) an entrepreneur providing a connection to the fixed public communication network
the body that runs the site to receive calls to numbers
emergency call, is obliged to
and) establish and maintain a current database of the information referred to in paragraph 2, including
information about its participants publicly available telephone services, and
(b)) to ensure the body that runs the site to receive the call on
emergency call number, immediate and free disclosure
the individual data of the database referred to in point (a)) in a way that allows
remote access, including prompt and free reverse transmission
the data from this database.
Information kept in the database can be used only for localization, where appropriate,
caller ID when you call the numbers of emergency calls.
(4) Businesses referred to in paragraph 3 of the costs for the establishment belongs
and the management of the database referred to in paragraph 3 (b). and) from the body, which
operates the site for the receipt of calls to emergency numbers. The amount of the
and the method of payment provides for detailed legislation.
(5) an entrepreneur providing a public mobile communications network is required to
for all calls to emergency numbers, without delay, make available to the
the body that runs the site to receive these calls,
localization (section 91), and other information that allow you to identify
the caller.
(6) the Trader referred to in paragraph 1 is required to ensure information
the public of the existence and terms of use for emergency call numbers,
in particular, lists of phone numbers of the participants publicly available
telephone services (hereinafter referred to as "directories"), in the places of location
public pay telephones, and in a way allowing remote access.
(7) an entrepreneur providing an electronic communications network shall assume all
costs associated with originací and transfer the call to the emergency telephone numbers
call and information about where the caller is located, on its network. This
the obligation also applies to the transmission of such calls and the transmission of information about
where the caller is located, from the networks of other entrepreneurs.
(8) in cases where it is threatened or interrupted uninterrupted
service calls to emergency numbers, the Office is entitled to decide on the
measures required to maintain or restore this provision and in
If necessary, stores the undertaking with significant market power on the relevant
the market (section 53 (1)), which provides a publicly available service
electronic communications of the national call to originaci in your hard
place, the obligation to ensure the continued delivery of this service.
(9) the scope, form and manner of the transmission of data referred to in paragraph 2, the form and
manner of keeping the database referred to in paragraph 3 (b). a) and range, the form and
the method of transmitting the data referred to in paragraph 3 (b). (b)) and paragraph 5 lays down the
the implementing legislation.
(10) If a party or the user, malicious calls
on the emergency call, is an entrepreneur, whose network was such
the call started, shall, at the request of the entity that operates the workplace
to receive calls to emergency numbers, fail in their network
access of telecommunications terminal equipment, from which this
the call takes place, with the exception of public pay telephones, to
public communications network. Request referred to in the first sentence, must be made in
electronic format via data boxes or must be
signed by a recognized electronic signature under a special legal
prescription. Subject site for receiving calls to numbers
the emergency is entitled to temporarily refuse to communicate
implemented through the telecommunications terminal equipment, from
which has been carried out repeated malicious calls.
(11) again to access the telecommunications terminal equipment
to a public communications network, the Office shall decide, at the request of the participant.
When making a decision, the Office shall take into account the seriousness of the negotiations, in particular to
the manner, scope and consequences of the mischievous call.
(12) a malicious call emergency telephone numbers and means calls to
These numbers for purposes other than those specified in paragraph 1.
§ 33a
Access to the European harmonised numbers
(1) an entrepreneur providing a publicly available telephone service
required to enable all of your end users, including users
public pay telephones, the call is free and that
does not require the use of any means of payment, to the European
harmonised numbers ^ 18a). The right of entrepreneurs providing publicly
an affordable phone service to cover the costs to the person that this
harmonised numbers uses, shall not be affected.
(2) an entrepreneur providing a publicly available telephone service
obliged to provide information to subscribers and users of the existence and
the terms of use of European harmonised numbers, in particular the way
allowing remote access.
§ 34
Portability of telephone numbers
(1) an entrepreneur providing a public communications network or provides
publicly available electronic communications service shall ensure
to each participant, who so requests, you could leave your phone
the number or numbers of the range numbering plan, independently of the
the trader providing the service, in the case of
and geographic telephone numbers on) a specified territory,
(b)) non-geographic telephone numbers anywhere in the territory of the State.
This obligation shall not apply to the portability of telephone numbers between
public fixed and mobile communications networks to the public. This does not apply in
the case of phone numbers, for which it shall lay down detailed legal
Regulation in accordance with § 29 para. 4.
(2) Geographic number means a number from the telephone numbering plan
where part of its digit structure contains geographic significance used for
routing calls to the physical location of the endpoint of the public communications
the network.
(3) Negeografickým phone number means a number from the numbering
the plan, which is not geographically tied number, in particular the number for access
collect call services, services with the price and the participant expressed
number of public mobile communications networks.
(4) the technical and organizational conditions for the implementation of the portability
phone numbers and prices for accounting policy between the entrepreneurs in
portability of telephone numbers the Office action
of a general nature.
(5) the period for which it is not a participant during the migration process
a phone number on this issue provided by the publicly available service
electronic communications services shall not exceed one working day.
§ 35
Access phone numbers and electronic communications services
(1) an entrepreneur providing publicly available electronic service
communications is required to ensure, if this is technically feasible and
economically reasonable, except where a called subscriber
decided for commercial reasons to limit access by callers who
located in certain geographical areas, to end users
within the European Union should have access
and the services provided through) non-geographic phone
numbers and be able to use the services,
(b)) to all of the numbers used in the European Union, regardless of the technology
and equipment used by the operator, including numbers from the national numbering
plans of Member States of the European Union, numbers, belonging to the European
telephony numbering space and universal international numbers
for free calls.
(2) the authority is entitled to save entrepreneurs providing a public
communications network or publicly available service that provides
electronic communications to inform the user about the price for
calls to numbers designated for service with the expressed value. The authority may
operators at the same time save an obligation that users are accessing
specific services free of charge, with the expressed informed price
Automatic Watch Tower on the price of the call, and it immediately before the
the provision of such services.
(3) the authority shall be entitled to store the body referred to in paragraph 2, the obligation to
block access to phone numbers and services, where it is found that, in the
access to such numbers and services is being violated by the obligation imposed by
of paragraph 2. The authority is also entitled to save the body the obligation to
withhold payments that the participant for access to such numbers and services
pay is reasonable grounds for suspecting that the telephone numbers or services are
diverted to the fraud. The obligation referred to in the first or second sentence
The Office stores based on the complaint of the public authority responsible for
discussion of deception. The authority shall publish the decision in the manner
allowing remote access.
(4) an entrepreneur providing a public communications network or provides
publicly available electronic communications service is obliged to withhold
the payments referred to in paragraph 3 until such time as the authority shall decide about them
jurisdiction to hear the deception.
section 36
Change, renewal, withdrawal and the expiry of the permission to use
numbers
(1) the Office shall decide on the change permission to the use of numbers in justified
the cases, which are
and) comply with the obligations arising from international agreements, which is
Czech Republic is bound and which has been promulgated in the collection of laws or
The collection of international treaties, or from the membership of the Czech Republic in the European
Union or of international organisations,
(b)) the publication of a State of crisis,
(c)), based on the change in the fact that it has been granted permission to
the use of numbers, or change the amount of the fees referred to in section 37,
(d)) justified request of the holder permission to use numbers.
With the exception of the case referred to in (b)), and (d)) of the intention of the Office must
to make such changes, inform the person concerned and give them a time limit 1
month to comment. In the cases referred to in points (a) to (c))) the Office may
to shorten this period, with a minimum of 7 days. A shortening of the time limits the authority
reasons for such denial.
(2) if there is a change referred to in paragraph 1 (b). a) and b), shall be borne by the necessary
cost of this change, the holder through the Office
State. The State does not pay these costs in the case where the applicant requests
the use of numbers, even though the Office was familiar with
the planned change in their use and the authority of that fact stated in
a decision on the use of numbers.
(3) at the request of the holder of the use of numbers, the Office shall decide on the
extension of the period of validity of the permission. If this does not prevent the
the matters referred to in paragraph 1 (b). and) or if there are grounds
for not giving permission to the use of numbers according to § 30 para. 8, Office for
of validity is prolonged, however, the period of time specified in the permission. Time
the validity can be extended repeatedly. Request for extension of the period of validity of the
the use of numbers must be delivered to the Office no later than one
a month before the date of the expiry of its validity.
(4) the authority is entitled to decide on the withdrawal of permission to use numbers,
If
and no longer meets the permission) the holder of any of the conditions subject to which
the basis of his permission has been granted,
(b) fails to comply with the obligations of the holder of the privilege) established by this Act, or
the decision to grant permission, or to change permissions, and correction of
has not completed or within the period specified by the Office pursuant to § 114, although he was on the
the possibility of the withdrawal of permission for this reason, the Office, in writing, notified or
(c)) the holder permission to use the European harmonised numbers
Use this number for a continuous period of 6 months or more
cut off the use of the numbers on the summary for 12 months over 2
years or used for purposes other than those for which they have been allocated;
time limit for assessment of non-utilisation of the European harmonised numbers
counted from the date of the decision, which was authorized to
use of the European harmonised numbers the holder or his
the legal predecessors of the granted for the first time.
(5) the Office shall decide on the withdrawal of permission to use numbers, if
and) it is necessary to comply with the obligations arising from the international
the contract, which the Czech Republic is bound and which was proclaimed in the
The collection of laws, or in the collection of international treaties, or from the membership of the United
States in the European Union, or international organizations, or
If circumstances so require, following the publication of a State of crisis, or
(b) the withdrawal of permission) the holder has requested.
(6) if the Office decides to withdraw authorisation referred to in paragraph 4 (b). (b)), the
applicant may apply again for permission soon after 6 months
the date on which the decision to revoke the permission has to be able to.
(7) the use of numerals shall expire
and end of the period), for which it was granted permission to use the numbers,
(b) the date of termination of a legal person), which is licensed to
the use of numbers, if this does not have the legal successor,
(c) the date of death of the holder) permission if in his business does not continue
heir ^ 16b) or administrator of heritage ^ 16 c), or
(d) the date on which the decision) of the authority in accordance with paragraphs 4 and 5, came into legal force.
(8) the holder of the use of numbers or his successor in title is
must ensure that the directly after the expiry of the permission to
the use of numbers has ended the use of numbers on the basis of this
permissions.
§ 37
Fees for rights arising out of the use of numbers
(1) the holder of the use of the numbers is required to pay for the right to
use the number charges. The use of the emergency call numbers
charges.
(2) the amount of the annual fee referred to in paragraph 1 in the range of $ 1 to $ 150 000
one of the allocated number graduated by type number and the type
electronic communications service provides the Government.
Part 6
Universal service
§ 38
The authority and duties of entrepreneurs
(1) this part lays down the scope of universal service, the right end
users and the obligations of entrepreneurs providing publicly available networks
and providing publicly available electronic communications service.
The aim is to ensure the public availability for end users
communications networks and services of a specified quality that will satisfy the
the reasonable needs of end-users.
(2) in the framework of the universal service is the authority competent to save entrepreneurs
the obligation to provide the following services (hereinafter referred to as "partial service")
and) connection at a fixed location to a public communications network
b) access at a fixed location to publicly available telephone services,
c) regular editions of lists and access Terminal
users to these lists
(d)) on telephone numbers information service subscribers of a publicly available
telephone service, available to end users
e) service of public pay telephones or other similar
the technical means to access to publicly available
telephone service,
(f) persons with disabilities) access to publicly available telephone
the service, to the information service on telephone numbers and to participating
equivalent to the access lists that use other end
users, in particular through specially equipped
telecommunications terminal equipment, or
g) ancillary services to the services referred to in points (a) and (b)))
they are:
1. the phased payment of the price for setting up a connection to a public communications
network for consumers,
2. free selective avoidance of outgoing calls, sending premium
text or multimedia messages or, if it is technically
feasible, access to similar services with increased price or
calls to defined types of numbers for the party
3. free item billing prices for the party
4. provision of information at the request of the Subscriber of the lower prices or
more favourable price plans and the conditions under which they are applied,
If such information is available, and
5. check the participant's expenses related to the use of a publicly available
telephone services, including free consumer notification in the event of
unusual or excessive increased use of this service.
The imposition of the obligation referred to in subparagraph (g)) point 3 is without prejudice to the provisions of §
64 para. 3. the services referred to in points a and b)) shall allow the system
your subscription to consumers (section 44).
(3) Businesses providing a publicly available telephone service, who
have applied for and comply with the conditions of participation in the selection procedure, the Office
saves the obligation to enable persons with special social needs in
accordance with section 44 and 45 price selection or pricing plans, which differ from the
pricing plans, provided under normal commercial conditions, so
These entities have access to and benefit from a partial service and publicly
available telephone service (hereinafter referred to as "special prices"). For selective
control and determination of entrepreneurs shall apply mutatis mutandis the provisions of § 39.
The use of special prices must not restrict these persons in the use of all
publicly available electronic communications service provided
other entrepreneurs. Special rates are provided to the person with the specific
social needs, that proves the entrepreneurs providing the
publicly available telephone service, which was obliged to
to provide special pricing or documents pursuant to § 43 para. 5. Losses incurred by the
providing special pricing this entrepreneurs shall be borne by the State
through the Office. For the calculation of the loss and its remuneration shall apply
the provision of section 48 and section 49 paragraph 2. 1 and 4 apply mutatis mutandis.
(4) a person with special social needs, for the purposes of this
Act means the end user who is a disabled person
According to § 43 para. 4 (b). a), b), c) or (d)).
(5) an entrepreneur providing a publicly available telephone service, which
provides special prices referred to in paragraph 3, for the purposes of control leads
pumping the advantage the list of persons, which was a special price
awarded.
(6) Universal Service Provider means a person that has been
an obligation to provide one or more elements of services referred to in
paragraph 2, or provide special prices referred to in paragraph 3.
(7) a person who has been awarded a special prize, is obliged to inform the
Entrepreneur providing a publicly available telephone service, which
was obliged to provide special pricing on all the facts,
that have an impact on the conditions for granting the special prices.
(8) the Government regulation documents governing the people with special
social needs demonstrate the entrepreneurs providing publicly
available telephone service, which provides special prices based on
paragraph 3, the amount of the advantage for these individuals, the formalities
lists of persons referred to in paragraph 5 and the retention period for these lists.
§ 39
Determination of the universal service provider
(1) the authority of its intention to save or cancel individual obligations pursuant to § 38
paragraph. 2 and 3 (hereinafter referred to as "universal service obligations") on the
throughout the national territory or in a part thereof shall consult with stakeholders
under section 130. The notification shall specify, in particular,
and services, including their) range, which will be subject to the obligations of the
to provide a universal service, and the territory, which will save
the obligation to provide universal service cover,
(b)) justification the intention to impose universal service obligations,
(c)) the conditions with which the Office intends to establish in the framework of the obligation to provide
universal service.
(2) after the evaluation of the results of the consultations referred to in paragraph 1, the Authority an obligation to
provide partial service does not save, if it finds that the provision concerned
services throughout the national territory or in a part thereof is provided under the terms of
comparable with the requirements of ensuring universal service under this
part, without the obligations specified in § 38 paragraph 1(a). 2 and 3 Save.
Otherwise publish the selection procedure.
(3) the Office shall cancel the obligations of the decision referred to in § 38 paragraph 1(a). 2 and
3, if it is established on the basis of the consultations referred to in paragraph 1, the provision of
the services in question throughout the territory of the State or in a part thereof will be provided
under conditions comparable to the requirements of ensuring universal service
According to this piece, without the obligations specified in § 38 paragraph 1(a). 2
and 3 Save. The Office shall at least every two years to review whether the last
the grounds on which basis the obligation referred to in § 38 paragraph 1(a).
2 and 3. If the authority on the basis of the review finds that the reasons for the imposition of
the obligation to provide partial service under § 38 paragraph 1(a). 2 and 3 do not last,
decide on the abolition of this obligation, including the settlement payment of the net
the cost of its provision for periods of time, where the service is provided.
(4) criteria for the evaluation of requests for the provision of universal service provides for the
Authority in accordance with the principles set out in section 6. The criteria include, in particular,
and the) financial, technical and professional conditions for entrepreneurs to provide
universal service,
(b)) the requirement that the cost of providing universal service in
the desired scope and quality as low as possible.
(5) conditions regarding the participation in the selection procedure provides for the authority in accordance with the
the principles set out in section 6. Application of the entrepreneur to the competition
must contain a specific proposal for the calculation of annual net cost of the
provision of universal service, which is in accordance with § 48 para. 2 to 4,
and their estimated total.
(6) the authority shall be entitled to require the applicant to submit the necessary
the documents, which proves that it can fulfil the conditions attached to authorisations.
(7) the tender Authority shall publish pursuant to § 125, along with
the deadline for submission of applications, with all of the conditions of participation, the requirements for
the quality and scope of services, and with the criteria in evaluating applications for
provision of universal service.
(8) the decision saves the universal service obligations
entrepreneurs, who submitted the application within the time limit referred to in paragraph 7,
conditions of participation in the selection process and best meet the laid down
the criteria of the evaluation of the applications. A reasoned decision, the Office shall notify all
entrepreneurs who have submitted an application within the time limit referred to in paragraph 7.
(9) the authority imposes an obligation to provide universal service throughout the territory of
State or part of one or more entrepreneurs to
ensure in any fixed location, the availability of all component
services provided in the framework of the universal service for all end
users throughout the territory of the State.
(10) the report on the progress and outcome of the selection procedure and the decision of the
imposing the obligation referred to in paragraph 8 shall publish.
(11) on the selection procedure shall apply mutatis mutandis the provisions of business
public competition based on commercial code.
(12) the authority is authorized to cancel acclaimed tender, even after the deadline
laid down for the submission of applications. The cancellation of the tender Authority
publicly available.
(13) in the absence of any entrepreneur to tender within the time limit
referred to in paragraph 7 or if the selected entity for failure to comply with
conditions for participation or for failure criteria of the evaluation of applications, the authority
saved by decision of the universal service obligations on an undertaking with
significant market power, or, if there is no undertaking on the relevant market with
significant market power the obligation to save this entity that best
complies with the criteria of evaluating applications. At the same time by decision of the Office shall lay down the
in accordance with section 45 the price at what will be in this case, universal
the service is provided. The Office performs a preliminary estimate of the amount of the qualified
the net cost.
(14) in the event that the entrepreneur, who has been ordered to
provide any of the partial services, intends to convert its network
for the provision of connectivity services at a fixed location to a public communications
the network at a fixed location and access to publicly available telephone services,
or its substantial part to another legal entity is obliged to this
fact in advance, in writing, within a reasonable time notify the Office. In the notice
The authority is obliged to provide
and to the extent) data according to § 13 para. 3,
(b) the transferee in) information about the scope in accordance with § 13 para. 3,
(c)) define the type and the territorial scope of the network that the transfer relates
d) information on financial, technical and professional prerequisites
acquirer, in particular in relation to ensuring the continuation of the obligation
to provide the universal service,
e) date on which the network is transferred to the transferee.
(3) the authority shall assess the impact of the transfer of ownership of the network, or a substantial
part of the service connection at a fixed location to the public
communication network and the provision of publicly available telephone services according to
section 40 and after consultation in accordance with section 130 shall issue a decision on the maintenance, alteration,
or the cancellation of the obligation to provide any of the partial services.
section 40
Connection to a public communications network and publicly available
telephone service
(1) Universal Service Provider, which has been under an obligation to
§ 38 paragraph 1(a). 2 (a). and) is required to comply with all reasonable requirements
users on a single connection at a fixed location to a public communications network.
(2) Connection at a fixed location to a public communications network shall mean
the establishment and commissioning of the network termination point at a fixed location.
(3) the provider of the universal service, which has been under an obligation to
§ 38 paragraph 1(a). 2 (a). (b)), is required to comply with all reasonable requirements
users of access at a fixed location to publicly available telephone
the service.
(4) Access at a fixed location to a publicly available telephone service
means the operation of the network termination point.
(5) connection to a public communications network and publicly available
telephone service must allow end users to implement national
and international telephone calls, faksimilní communication and data transfer
speeds are sufficient to permit functional Internet access, taking into account the
technologies used by the majority of participants and technical feasibility.
(6) if the universal service provider referred to in paragraphs 1 and
3 reasons on his part to comply with the request within a reasonable
determined in accordance with the values of quality parameters or mandatory performance
objectives, is obliged to inform the user in writing within 1 month of receipt of the
the requirement of this fact and the deadline by which the requirement will satisfy, and
at the same time inform the Office about this situation.
(7) the implementing legislation sets out the characteristics of the reasonable
the requirements of paragraphs 1 and 3 and the conditions of access to the Internet by
paragraph 5.
§ 41
Directories and information on telephone numbers
(1) Universal Service Provider, which has been under an obligation to
§ 38 paragraph 1(a). 2 (a). (c)), is in accordance with section 95 and 96 shall keep,
distribute, supply and at least once a year to update subscribers
a list of all business owners publicly available telephone
the service. This directory is issued in printed form or manner
allowing remote access. The universal service provider is obliged to
to provide this directory participant at his request.
(2) the provider of the universal service, which has been under an obligation to
§ 38 paragraph 1(a). 2 (a). (d)), in accordance with article 96 shall be obliged to provide the end
users, including users of public pay telephones, full
information service on telephone numbers of participants for all entrepreneurs
publicly available telephone services.
(3) an entrepreneur providing a publicly available telephone service
shall be obliged to
a) universal service providers in accordance with paragraphs 1 and 2
immediately after they were designated providers, personal information of its
subscribers-physical persons and identifying information of its participants-
legal persons, if the participants gave consent to their publication.
Personal data of natural persons and legal persons with identification data
shall publish, in the extent to which they gave these parties to consent.
Entrepreneur providing a publicly available telephone service is obliged to
free of charge to participants to inform before requesting their consent to the
the publication of their personal and identifying information about the purpose of the twisted
the list, and about other ways you can use data based on the
search functions in the electronic versions of the directory,
(b)) at least once every 3 months to pass universal
services referred to in paragraphs 1 and 2 shall update the information referred to in point (a)).
A relying party shall be entitled to remuneration reasonably incurred costs.
Universal service providers are required to treat this information
a non-discriminatory manner, in particular it is forbidden to give priority to information
about custom participating at the expense of information about participating in other
entrepreneurs providing publicly available telephone services. If there is a
universal service provider referred to in paragraph 1 at the same time an entrepreneur
providing a publicly available telephone service, is governed by the granting
consent to the disclosure of information of its participants the conditions under (a)).
(4) the imposition of the obligation to provide universal service under paragraphs 1 and
2 shall not prevent the issue of phone books and provision of information
enquiry services to other entities in accordance with section 95 and 96.
(5) the personal data referred to in paragraph 3, the name or names,
the surname, pseudonym, permanent address, phone number,
and e-mail address. For the entrepreneurial natural persons with personal
details of the address of the business. Identification data according to
paragraph 3, the business name or the name of the legal entity-non-entrepreneur
the person, registered address, or address of the seat of the organizational units, address
and telephone number of the establishment, and e-mail address.
(6) the part of the participant list or database, which
provide information on telephone numbers of participants can only be
personal or identifying information to the extent referred to in paragraph 5. On the basis of
the contract can be in the list to publish the data to the Subscriber. Personal and
identifying information about the participants, who gave to their publication
the consent must not be published. Neuveřejnění, repair, verification and
delete personal or identifying information of the local list
the participant concerned is free of charge.
§ 42
Public telephones and other similar technical resources
to facilitate access to publicly available telephone services
(1) Universal Service Provider, which has been under an obligation to
§ 38 paragraph 1(a). 2 (a). (e)), it shall, within a specified geographic area
to meet the reasonable needs of end-users regarding the number
public pay telephones or other similar technical
the means of access to publicly available telephone services,
geographical coverage, quality and availability of the services provided, including
the needs of disabled end-users.
(2) Universal Service Provider referred to in paragraph 1 shall be obliged to
ensure the free access of end users
and) to public payphones or other similar technical
resources enabling access to publicly available telephone services and
their uninterrupted functioning,
(b)) to the numbers of emergency calls (§ 33) without requiring the use of payment
resources.
§ 43
Special measures for disabled persons
(1) Universal Service Provider, which has been under an obligation to
§ 38 paragraph 1(a). 2 (a). (f)), is obliged to provide for the disabled
persons access to publicly available telephone services so that for them was
affordable and allow equal access that use other
end users, including access to emergency numbers,
the participating lists, to the information service on telephone numbers
the participants and the choice of the operator or the granting of an entrepreneur
publicly available electronic communications service.
(2) the provider of universal service in accordance with paragraph 1 shall be obliged to
persons with disabilities, in particular
and) rent or sell, if they so request, one specially equipped
telecommunications terminal equipment appropriate to their disability
for the price of standard telecommunications terminal equipment,
(b)) ensure barrier-free access to the public telephone
vending machines, their availability and specific equipment. ^ 19)
(3) the characteristics of functions specially equipped with telecommunications
terminal equipment referred to in paragraph 2, for different kinds of
disability lays down detailed legislation.
(4) persons with disabilities for the purposes of this Act, the
ZTP) due to full or practical deafness,
b) ZTP/P,
(c)) the person dependent on the assistance of another individual in the level II (intermediate
heavy dependency), level III (severe dependence) or stage IV (full
dependency) ^ 20) or, in the case of a minor, a participant who
personally, cares, or
d) a participant which educates or that personally takes care of minor
a person who has been entrusted to the care of him replacing parental care on the basis of
the decision of the competent authority and which holds the licence
(a)), or (b)).
(5) the Government shall determine by regulation the documents, which the natural person proves
the provider of universal service disability.
§ 44
Additional services
(1) the subscription System means the service whereby the
the consumer can subscribe to access to a public communications network and
the use of publicly available telephone services.
(2) Selective restriction pursuant to § 38 paragraph 1(a). 2 (a). g) point 2 shall mean
the service provided free of charge, which allows a party at his request
prevent outgoing calls, sending premium text or
multimedia messages, if this is technically feasible, or by accessing the
other similar services with increased price or avoid calls to
the required types of numbers or groups of numbers.
(3) Položkovým billing prices means a free billing prices
containing the breakdown of the call. Does not contain entries for calls,
that the participant does not apply, including calls to numbers for free
call.
(4) the Universal Service Provider is obliged to allow the participant
an adequate level of control of its expenditure, and this means that allow
remote access. Part of this control is also free in the warning
the case of unusual or excessive increased use of services
electronic communications, that has an impact on consumer spending.
(5) the scope of the Bill of the prices referred to in paragraph 3 lays down the detailed
legal prescription.
§ 45
Affordability
(1) the authority shall, on the basis of its monitoring and evaluation of development level of prices
universal service with regard to consumer prices, inflation and
the average wage of the population assesses the affordability of universal service,
or partial services available on the market in the event that they
the provision was not a businessman pursuant to § 39 intended.
(2) Universal Service Provider is obliged to apply the uniform prices
on the territory of the State or any part thereof, where it provides this service, and
to respect prices fixed by the Office under this Act. The Office, in
ensuring the availability of universal service will minimize the necessary
interference with the normal business conditions.
§ 46
Conditions for the provision of other services
If the supplier of the universal service provides additional services or
telecommunications terminal equipment beyond the scope of the obligations imposed by §
38 para. 2 (a). and) to g) or obligations pursuant to § 38 paragraph 1(a). 3, is
shall establish the terms and conditions (section 63) so that a participant did not have to
to pay for those services in the telecommunications, electronic communications or
terminal equipment, that are not necessary or are not required for
provide the required partial service.
§ 47
The quality of the universal service
(1) Universal Service Provider is obliged to fulfill the parameter values
quality and performance objectives of individual services.
(2) Universal Service Provider is obliged to annually publish and
at the same time the Office to submit information on the results of the provision of
universal service and the evaluation of performance targets based on the status as at 31 December.
December of the calendar year, and no later than 31 December 2006. be forwarded to the
of the calendar year.
(3) the authority shall be entitled to measures of a general nature, the form and content
the method of publication of the information referred to in paragraph 2 with a view to that end
users have access to comprehensive, comparable and user-friendly information.
(4) in the case of reasonable doubt regarding the accuracy and comparability of
data on the performance of the performance targets, which the universal service provider
the services of the Office in accordance with paragraph 2, the Office is entitled to decide on the
verification of such data to a third body, which ensures the impartiality
and independence from the provider of the universal service. The cost of the verification
shall be borne by the provider of the universal service.
(5) the parameters of the quality of the universal service, the limit values and the
performance objectives laid down detailed legislation.
§ 48
The calculation of the net costs of providing universal service
(1) the authority shall calculate the net costs of providing universal service
procedure laid down in paragraphs 2 to 7. If the universal service provider
chosen in the selection procedure is based on the authority of the calculation of the net cost of the
provision of universal service proposed in the application form to the provider
a selection procedure pursuant to § 39 para. 5.
(2) Net costs are those costs, which are calculated as the difference
between efficiency and effectiveness incurred costs entrepreneurs with the obligation
to provide a universal service, and effectively and efficiently incurred costs
entrepreneurs without the obligation to provide universal service, including
a reasonable rate of return on investment and taking into account the costs that would
the entrepreneur, if he didn't have the obligation to provide universal
service, and taking into account the market benefits, incurred by entrepreneurs in
provision of universal service. Net costs are calculated per calendar
the year in which he had the obligation to provide the universal service provider
minor service (hereinafter referred to as the "accounting period").
(3) the net cost may include only the costs of carrying out the duties
referred to in § 38 paragraph 1(a). 2. the calculation of the net cost to meet the
each of the obligations imposed under the universal service is carried out
for each obligation separately; double posting is disabled for any
direct and indirect costs and market advantages.
(4) the total net costs of providing universal service to all
the entrepreneurs concerned shall be calculated as the sum of the net costs of
the fulfilment of individual obligations imposed in the context of universal service.
(5) information enabling the correct calculation of the net costs of
the posting period of universal service provider shall submit to the Authority until 31 December 2006.
July calendar year following billing period.
The universal service provider is responsible for the accuracy and completeness of it
submitted by calculation and the submitted documents and the supporting documents. Calculation of the net
the Office performs cost on the basis of the calculation of the net cost, carried out by the
the universal service provider in accordance with paragraphs 2 and 3, and accounting
documents, or other documents, the universal service provider
which these calculations must be documented. If the Office finds that the supporting documents
universal service provider are incomplete or have flaws,
lays down a reasonable term to the provider, or to
fix. If the provider does not perform within the prescribed period, the Office
does not include the cost of meeting the obligations imposed under the universal
services that are incomplete or inadequate documentation refers to, clean
the cost of providing universal service.
(6) the Office shall verify the correctness and completeness of the supporting documents within 6 weeks from their
the submission or supplement referred to in paragraph 5, where appropriate, verification shall instruct
the third body that ensures the impartiality and independence of the
the universal service providers. The conclusions of the verification, the result and the way
the calculation of the net costs of providing universal service Office
publicly available. Error in writing, numbers and other obvious inaccuracies, the Office shall correct
and shall publish without delay.
(7) the procedure for the calculation and determination of the Office's net cost of the provision of
universal service, including criteria for assessing the intolerable burden of the procedure
for the calculation of the net cost of the provision of partial service, the procedure for
the definition of market benefits referred to in paragraph 2 and the documents which must be
These calculations documented, lays down the law.
§ 49
Financing of universal service
(1) an application for payment of the net cost of the universal service provider is
obliged to submit to the authority no later than 31 December 2006. July calendar year
following the billing period.
(2) the Office shall decide whether the amount of the net cost of the provision of universal
services provided for pursuant to § 48 represents for the supplier
unbearable burden. In the event that the amount of the net cost represents
This unbearable burden on the provider at the same time, the Office shall decide on the amount of
the reimbursement of these costs. The period in which the amount must be remitted
the universal service provider, must not be longer than 3 months from the date of
the decision referred to in the second sentence.
(3) the net cost under paragraph 2 shall be borne by the State through the Office.
(4) if the costs of providing universal service
in accordance with paragraph 2 on the basis of incorrect or incomplete information
the provider of universal service, the authority shall revoke its decision and
again in case the amount of the reimbursement of the costs of providing universal service
shall decide. The universal service provider is obliged to unduly
pumped funds return not later than 15 days from the date of the legal
the decision, which was the Office decided on cost recovery on
provision of universal service in the new or the payment has not been awarded.
The universal service provider is also required to pay the penalty for
unauthorized withdrawal of funds at the rate of 1 per mille daily from
amount equal to the difference between the amounts referred to in decision now annulled
the amount of reimbursement of the costs of providing universal service and the amount referred
in the new decision on the case in the first sentence. The finance charge is the income of the State
the budget. The Office may prevent a penalty to reduce the hardness or
exceptionally, waived.
§ 50
The contents of the annual report of the universal service
(1) the authority shall publish an annual report for a given billing period, the
part of it is at least
and the result of calculating the net costs) on the fulfilment of individual obligations
stored within the universal service, and the total net costs of
provision of universal service,
(b) the determination of the market benefits) incurred by universal
services in connection with its provision, including their money
enumerations, and
(c) information on the disbursement) net cost,
(2) the annual report of universal service forms part of the annual report on
activities by the Office under section 110.
Part 7
Analysis of the relevant markets and determine the undertaking with significant market power
§ 51
Analysis of the relevant markets
(1) the authority performs the analysis of relevant markets set out under section 52 for the
to determine whether these markets are effectively competitive. Analysis of the market
The authority shall issue as measures of a general nature. Effectively competitive market
It is not a market where one or more undertakings with significant market
force and where the corrective measures of domestic law or of the law of the European
Union in the field of competition are not sufficient to address the
issue. Information on the implementation of the relevant market analysis, Office of
publicly available.
(2) the authority carries out an analysis of the relevant markets in the interval from 1 to 3 years from the
the effective date of the decision, which the undertaking with significant market
power to order the obligations referred to in paragraph 5, where appropriate, from the date of acquisition
the effectiveness of the measures of a general nature, which the authority has issued an analysis of the
of the relevant market, which was the relevant market is found to be effectively
competitive. This time limit, the Office may exceptionally be extended by a maximum of another
3 years, if this reasoning of the Commission within one month of
the announcement formally objects to the extension of the deadline.
(3) in the event that the Commission shall issue an amendment to the recommendation on relevant
markets ^ 23), the Office will carry out a new analysis of the relevant markets within two years
the date of issue of this recommendation, provided that this is about markets,
that have not yet been notified to the Commission by the authority.
(4) the authority shall, after consulting the results of the analysis under section 130 and 131 shall publish
including the opinions of the authority for the protection of competition. In the case of
the finding that the market is not effectively competitive, the Office as part of the results
the analysis presents a proposal for the establishment of an undertaking with significant market power and
proposal from the obligations referred to in paragraphs 5, 6, or 12 that intends to save
in order to remedy.
(5) the authority according to the result of the analysis of the relevant market, by decision of the
an undertaking with significant market power and impose one or several of the
the following obligations
and transparency pursuant to § 82),
b) non-discrimination under section 81,
(c) evidence) of the costs and revenue under section 86,
d) access to specific network elements and associated resources in accordance with
§ 84,
(e) the options and preferences) to allow an operator under § 70 para. 1, or
(f)) related to the regulation of prices pursuant to § 56 and 57.
A participant in this proceeding is the only undertaking to which the rights and
obligations should be decided.
(6) the authority shall be entitled to, in addition to the obligations referred to in paragraph 5, the save
decisions undertakings with significant market power other obligations for
access or interconnection. The Office saves these other duties after receiving the
favourable opinion from the Commission.
(7) in the event that the Office on the basis of analysis of the relevant market
the conclusion that the imposition of obligations referred to in paragraphs 5 and 6, has not been reached
effective competition and that at the same time remain significant problems
or market failures in connection with the provision of services or access
the link to the wholesale market, as an exceptional measure to save
an undertaking with significant market power, that is vertically integrated,
the obligation for functional separation pursuant to § 86a.
(8) If the obligations referred to in paragraphs 5, 6, 7 and 12 on the relevant market
already exist, the Office shall issue a decision on the maintenance, modification or withdrawal of
These obligations.
(9) if the Office finds on the basis of the analysis, that processed the relevant market is
effectively competitive or is no longer relevant market pursuant to § 52
paragraph. 1, shall decide on the revocation determination of undertaking with significant market power and
the obligations imposed in accordance with paragraphs 5, 6, 7 and 12.
(10) the decisions referred to in paragraphs 5 to 13 of the Office shall publish a notice under section 125.
(11) in the case of transnational markets, the authority shall act in accordance with the law
The European Union and performs together with the relevant national regulatory
analysis of the relevant market authorities and, where necessary, lay down by decision of the enterprise
with significant market power on that market. After discussion with the concerned
the national regulatory authorities the authority decides to impose, maintain, change
or cancellation of the obligations referred to in paragraphs 5, 6, 7 and 12.
A transnational market, for the purposes of this Act, means the market specified
the Commission's decision, which covers the territory of the European Union or its
a substantial part is located in the Czech Republic and in at least one
another Member State.
(12) if the Office Established pursuant to paragraph 3, the undertaking with significant market power
on a relevant market for end users and concluded after
consultation in accordance with section 130 and 131 to the conclusion that the remedy
will not be achieved by saving the obligations referred to in paragraph 5, shall be entitled to
This undertaking or these undertakings by the decision to prohibit the
and) unjustified or unreasonable giving end
users,
(b) excessive mutual binding services),
(c) posting a disproportionately high prices), or
(d) restrict competition by fixing) the dumped prices.
(13) an enterprise, which was established on the same relevant market as a business
with significant market power, as such an undertaking may be determined on the
Another closely related market, where the links between these
markets are such that they allow the transfer of market power from one of the relevant
on the second market, thereby strengthening the market power of the undertaking. The Office may, after
the analysis of the second market to save on this market obligations under
paragraph 5 (b). a) to (c)), and (f)). If it is not the imposition of those obligations
sufficient, he may save on that market and the obligations referred to in paragraph
12.
§ 52
The relevant market
(1) the authority shall determine the measures of a general nature for the purposes of this Act,
relevant markets in the field of electronic communications, including criteria for the
definition of the relevant market and the criteria for the assessment of significant market
forces, taking into account the decision, recommendations and guidelines of the Commission. ^ 23)
justification the measures of a general nature, the authority shall, in addition to their justification and the
opinion of the authority for the protection of competition.
(2) in the event that the Office intends to establish further the relevant markets are
established in accordance with paragraph 1, the proposal for the definition of such markets
consulted pursuant to section 130 and 131.
§ 53
An undertaking with significant market power
(1) a legal or natural person, operating in the field of electronic
communications, which has separately or in conjunction with one or more
operators on the relevant market such that her economic status,
allows you to act to an appreciable extent independently of competitors, customers,
and consumers, is an undertaking with significant market power.
(2) an undertaking with significant market power on the relevant market, it is considered
an undertaking with significant market power on a closely related market even if links
between these markets allow you to transfer market impact of the relevant market
to the related market and thus lead to the strengthening of overall market forces
entity.
(3) in the relevant market may be marked by one entity as undertaking
a separate significant market power or more entities with a common
significant market power.
(4) the criteria for assessing whether more bodies shared a significant
market power, lays down the law.
Part 8
Prices and price control
Prices
§ 54
(1) an entrepreneur providing publicly available electronic service
communications and the universal service provider is obliged to
and the prices of services and publish) their changes, including specified conditions,
under special legislation ^ 24) before the application of such
prices, even in a way allowing remote access,
(b)) to submit in electronic form valid prices of the services and their changes
including the conditions specified on request without delay to the Office.
(2) the authority shall publish the comparative overview of current pricing, quality and
the conditions of the provision of publicly available electronic
communication of individual entrepreneurs, in a form which allows you to
end users these data in an easy way to compare.
section 55
(1) an entrepreneur who is obliged to provide the service pursuant to § 34, and the enterprise
with significant market power on the relevant market, that is required to
to provide a service under section 70, negotiates prices for interconnection related to the
the provision of these services so that these prices were in a cost-
oriented.
(2) cost-oriented price means the price that includes
effectively and efficiently incurred costs and a reasonable profit. This price shall be
arrange so as to ensure a return on investment within a reasonable time
period and took into account the relevant risks, including the risks associated with
investments in new networks.
(3) in the event that prices for the provision of services under section 34 or section 70 are
posted directly to the participant, the person concerned is required to negotiate these prices
so, in order not to discourage parties from making use of these services.
§ 56
Price regulation
(1) when the price controls in the sector of electronic communications, the Office
under this Act. Regulation of prices means the determination or direct
streamlining the above prices without value added tax.
(2) the authority is entitled to enforce the regulation of prices, including the terms and conditions
affecting the price, for the universal service provider
universal service and for services provided by an undertaking with significant market
power of decision on the relevant market price.
(3) the authority shall monitor and evaluate the development of the level of prices, which are or may
be in accordance with paragraph 2 subject to price regulation in the field of electronic
communications.
(4) the authority shall, when applying the price regulation taking into account the
protection of the interests of the entity, whose prices are regulated, so that price
arising from the decision of the Office was at least cost; This does not apply for
services under section 43.
§ 57
The application of price regulation
(1) in the event that the analysis of the relevant market related links
or access made pursuant to § 51 shows that this market is not
effectively competitive, in particular by the fact that might encourage the application of the
an excessively high or excessively low prices to the detriment of the end
users, and if measures pursuant to § 51 para. 3 (b). a) to (f))
does not correct, the Office is entitled to enforce price controls on this
the relevant market by issuing a decision on the price.
(2) in the event that the analysis of the relevant market for end users
made pursuant to § 51 shows that this market is not effectively competitive, and
and if the measures referred to in paragraph 1 does not lead to the remedy, the Office is
entitled to enforce price controls on the relevant market by issuing
decision on the price.
(3) the application of the regulation of the prices referred to in paragraphs 1 and 2, against an undertaking, with
significant market power is the authority shall take into account in the decision on the price
the investment made by the undertaking concerned, the relevant risks and enable it
return on investment within a reasonable time period.
(4) if the price applied in accordance with § 55 para. 3 discourages participant from
use of the services under section 34 or section 70, the Office is entitled to exercise
the regulation of the prices for such services by issuing a decision on the price. In the application of
Regulation of prices for the portability of telephone numbers for participants in the Office
must not provide for a specific or common prices.
§ 58
The method of price control
(1) ways of price regulation that the Office is entitled to exercise under the conditions
provided for in § 57, are
and the establishment of minimum or maximum) price,
(b) directing the development of price fixing) conditions, which are
1. the maximum range of possible price increase within a defined period,
2. the maximum proportion that can translate into a price increase of prices
the designated inputs within a defined period,
3. binding procedure when creating prices or calculation, including
the obligation of cost orientation, the determination of the efficiency and effectiveness of
costs incurred and a reasonable profit, or
4. binding to price formation at the related retail markets
for a vertically integrated undertaking, including the imposition of ban on the compression
margin and the obligation to ensure the replicability of the menu bar,
(c) prohibition of limited duration) a price increase above the level of the still valid
the relevant market (hereinafter referred to as "price moratorium"); the prices of the moratorium can be
to provide for a maximum period of 12 months.
(2) the regulation of the prices referred to in paragraph 1. and the authority may fix the price)
based on the prices for comparable markets.
(3) ways you can effectively combine price regulation.
§ 59
Decision on the price
(1) the decision on the price must include in the preamble and method of procedure
The Office, which was the basis for the decision. The Office proposal for a decision on the price
consulted pursuant to section 130 and 131.
(2) the authority shall publish a decision on the price.
section 60
Obligation on an undertaking with significant market power
(1) an undertaking with significant market power on the relevant market, that has the
the basis of the decision of the authority the obligation of cost orientation of prices, is obliged to
at the request of the authority show that prices are cost oriented applied
and are in accordance with the methodology of separate records of costs under section 86. For
control the cost calculation of the Office may use methods that are not dependent
the methods used undertaking with significant market power,
where appropriate, the use of the price of comparable markets.
(2) if the authority on the basis of the checks provided for in paragraph 1 to the conclusion that
the person concerned fails to fulfil the obligation of cost orientation of prices, this saves the
the subject decision obligation to these prices to adjust. This decision must
contain a statement of reasons.
TITLE IV
The rights and obligations of the participants, businessmen, consumers and end
users
Part 1
The provision of publicly available electronic communications services and
provision of public communications networks
§ 61
(1) an entrepreneur providing publicly available electronic service
communications is required to provide this service continuously all the days
in the year, unless the law provides otherwise, and with the quality specified by 71.
(2) in cases where it is threatened or interrupted uninterrupted
publicly available electronic communications services, the Office is entitled to
decide on the measures required to maintain or restore this
the provision and, if necessary, saves the entrepreneurs that provides
partial service under § 38 paragraph 1(a). 2 to ensure continued delivery of this
partial services to those users, which is its uninterrupted
compromised or broken.
(3) an entrepreneur providing a publicly available telephone service
required to ensure uninterrupted access to emergency numbers, except
in the cases referred to in § 33 para. 11, and to the European harmonised numbers
.
(4) an entrepreneur providing a publicly available telephone service
required to keep the current database for all its participants publicly available
phone service. Entrepreneur providing publicly available telephone
service through mobile electronic communications networks in the
the database also leads him to data available on the activated prepaid
tabs in its mobile network. Entrepreneur providing publicly available
telephone service is authorized for the purposes of the database of the participants to acquire and
use their social security numbers.
(5) an entrepreneur providing publicly available electronic service
communications is not responding when you provide this service for the content transmitted
messages.
(6) an entrepreneur providing a publicly available telephone service
to enable international calling is required to ensure the implementation of all
international calls to the European telephony numbering space.
The price for this call must be the same as the price, which
businessman charged for calls to and from the Member States of the European Union. The right to
entrepreneurs to cover the costs for the transmission of such calls on its network is not
This prejudice.
§ 62
(1) an entrepreneur providing electronic communications networks, or
providing electronic communications services is required to use for
the provision of services, determining the technical interface and network functions in
extent strictly necessary for the interoperability of services and security to
extend the selection to the user standards and specifications, which
the list is uveřejňován in the official journal of the European Union as a basis for
promote harmonised provision of electronic communications networks,
the provision of electronic communications services, associated resources and
assigned services.
(2) if the standards and/or specifications referred to in paragraph 1 have not been disclosed,
apply the standards or specifications adopted by the European organisations for
standardisation. If such standards and specifications do not exist, the
reasonable international standards or recommendations adopted by the International
Telecommunication Union (ITU), the European Conference of postal administrations and
telecommunications administrations (CEPT), the International Organization for Standardization (ISO)
or the International Electrotechnical Commission (IEC).
(3) with the use of standards and specifications referred to in paragraphs 1 and 2 of the Office
compiles network plans that are entrepreneurs networks
electronic communications services or providing electronic services
communications must comply with. The network plans authority issues such as measures
of a general nature.
§ 63
Terms of the contract for the provision of publicly available services
electronic communications and the connection to a public communications network and
disclosure of information
(1) in the contract for the provision of publicly available electronic
communications or connection to a public communications network shall be
in a clear, complete and easily accessible way always
and providing the service for entrepreneurs) or providing access to a network
name or name, surname, residence and identification number or
business name, if a natural person-entrepreneur or business
company or name, address (place of business) and the identification number,
where appropriate, the seat of the branch in the Czech Republic, and
the identification number, if assigned, the name or names, and
last name of the person authorized to act on behalf of that legal person, in the case of
the legal entity,
(b)) if the user
1. business legal person, company or business name, registered office,
where appropriate, the seat of the branch in the Czech Republic, and
the identification number, if assigned, the name or names,
last name and address of the person authorized to act on behalf of the legal person,
2. doing business means a natural person, the name or names, first and last name,
where appropriate, the business name, domicile, place of business and the identification
number, if assigned,
3. private person, the name or names, and surname, place of residence,
date of birth or social security number of the natural person if it has been assigned, or
the name and address of the registered office or branch in the territory of the United
States, where appropriate, the identification number of the legal person,
(c) a description of the services provided), in particular
1. the information that is provided with access to emergency numbers, and
information about the localization of the caller to the emergency call number, if applicable, to
restricting access to emergency numbers,
2. information about any conditions limiting access to services and
applications or the possibility of their use,
3. the minimum offered and the minimum guaranteed level of quality provided by the
services and, in particular, the time allowed for its granting, where appropriate, the date of
begin,
4. information on the procedures implemented to measure and manage network traffic
electronic communications services, which are used to prevent the fulfillment of
the capacity of the connection or its excess, and what effect they may have
These procedures on the quality of the services provided,
5. information about the restrictions on the use of terminal equipment
6. information on the rights of the participant arising out of section 95,
(d) the range of types of service) and customer support services, including
ways you can take advantage of these services,
(e)) the price or the method of determining the price, and how
up-to-date information on all applicable prices, services
f) information about the terms and method of payment of the price and billing, and
any differences in the price of the various means of payment or at different
forms, expense reports,
(g)) the period for which the contract is concluded, and the period of notice,
(h)), the conditions for renewal and termination of services, including the terms of a minimum
use of the service, which must be met in order to be able to take advantage of
from the promotional offers
I) how the complaint of defects in services provided and complaints
Bill price for services rendered, including information about how, where and in what
time limits can be applied, a claim
j) contractual fines or other punitive provisions for non-compliance or
breach of contractual obligations on the part of entrepreneurs providing
service or providing access to a network or from a participant,
k) arrangements for compensation and a refund of money that will be used in the
the case of non-compliance with service quality levels provided for in the contract or
the case of suspension of the service or connection,
l) information on how to resolve disputes relating to the subject matter of the Treaty
the judicial or administrative proceedings,
m) way of notification about the change of the Subscriber terms and conditions
n) types of measures that may be taken in the event of disturbance entrepreneur
the security and integrity of your network, security service or when it detects
their threats or vulnerabilities,
the above prices for migration) phone number and, where appropriate, other
participant identifiers and migration requirements,
p) in the case of termination of the contract before the expiry of the duration for which the
contract, whether by serving a notice, or by agreement of the parties,
information about the amount of payment, which may not be in the case of a contract concluded with the
the consumer more than one-fifth of the sum of the monthly packages
remaining until the end of the agreed term of the contract, or one fifth of the
the sum of the monthly minimum the agreed outstanding until the end of
the agreed term of the contract, and the amount of reimbursement of the costs associated with
telecommunications terminal equipment, which was provided to the participant
Under favorable conditions,
q) decision of putting his personal participant, or identification
data in a directory in accordance with § 41 para. 3.
(2) an entrepreneur providing publicly available electronic service
communications services or providing a public communications network shall publish a notice in each
its establishment the draft Treaty referred to in paragraph 1, it shall make the
manner allowing remote access.
(3) an entrepreneur providing publicly available electronic service
communications services or providing a public communications network is required to
make available information about their services. The Office is implementing
Regulation lay down the method and scope of the obligation to inform the
and pricing) applicable to all calls to numbers and services
subject to particular pricing conditions,
(b)) of any change in participants of access to emergency numbers or
When you change the localization of the caller to emergency numbers,
(c)) of any change in the conditions of participants that restrict access to the services
and applications, or the possibility of their use,
(d)) on any procedures established by the provider of the measurement and control
the operation, to avoid filling the capacity of the connection or its
exceeded, and what effect these practices can have on the quality
services,
e) participants of their right to decide whether their
personal or identifying information listed in a directory in accordance
with § 41 para. 3, and about the extent to which this information will be listed,
(f) disabled participants) regularly about the details of the existing
products and services intended for them.
(4) the user who is requesting a connection to a public communications network or
access to publicly available electronic communications service, has the right to
enter into a contract with one or more entrepreneurs who such services
They provide. This does not apply if the circumstances are due to the negative
the conclusion of the contract in accordance with this Act or special legislation.
(5) the authority may entrepreneurs providing a publicly available service
electronic communications networks, or to connect to the public
communication network save by decision of that has made a change to the Treaty, or
its published proposal for a publicly available service of electronic
communications or to provide a connection to a public communications network,
If they are in contravention of this Act or its implementing legislation to
This Act or in violation of the law containing the rules on the protection
consumers, on the grounds of unfair, misleading or aggressive
commercial practices or because of discrimination consumers ^ 24a).
(6) an entrepreneur providing publicly available electronic service
communications or ensuring connection to a public communications network is
obliged to at least 1 month before the entry into force of amendments to the Treaty to publish
information about this change in each of their establishment and in a manner allowing
remote access. It is also required to inform the Subscriber of the entrepreneur
publication. If this is a material change to the contract, leading to the
deterioration in the position of the participant, is an entrepreneur shall demonstrably
inform the person whose contract contains provisions for payment in
the case of termination of the contract before the expiry of the duration for which the
the contract, also of its right to terminate the contract at the date of acquisition
the effectiveness of the changes, and that without this payment, if the new terms will not
party to accept. The information is an entrepreneur must provide the
a participant in a way that the party has chosen to send the expense report.
The right to terminate the contract under this clause does not arise, if there is a
amendment to the contract on the basis of changes in the legislation or in the event of a change
the contract pursuant to paragraph 5.
(7) in the event that the undertaking providing a publicly available service
electronic communications networks, or to connect to the public
a communication network with a consumer enters into a contract for a fixed period,
This time the first time the conclusion of the contract for the service
electronic communications should not exceed 24 months. Entrepreneur providing
publicly available electronic communications service or to ensure
connection to a public communications network is required to allow the user to
conclusion of the contract and for a period not exceeding 12 months; This does not preclude
the possibility of concluding a contract for a longer period in the case of a user
so requests.
(8) the contractual arrangements that would contain such conditions and procedures for
termination of the contract, which are dissuasive from the change of service provider
electronic communications, are invalid.
(9) if it is Concluded or amended contract for the provision of a publicly available
electronic communications services or of a public communication connection
the network using remote communication, is an entrepreneur
providing publicly available electronic communications service or
ensuring connection to a public communications network shall, without delay after the
conclusion of the contract or its changes to provide the consumer with information
referred to in paragraph 1, in writing, in electronic or paper form.
The deadline for withdrawal from the contract or consumer changes closed
outside the premises of the usual business ^ 62) or when you use the resources
distance communication ^ 63) begins to run on the day following the date of transmission
These information.
(10) an entrepreneur providing publicly available electronic service
communications services or providing a public communications network is required to
to inform consumers in a way that he chose to send
the Bill, first 3 months and not later than 1 month before the expiry of the
the effectiveness of the contract containing the agreement on automatic extension of
the contract about the options and how to terminate the contract.
(11) the contract for the provision of a publicly available electronic
communications or connection to a public communications network is closed
by the consumer for a certain period can be terminated under the conditions
applied by an entrepreneur providing a publicly available service
electronic communications or kind of connection to the public
communication network referred to in paragraph 1 (b). g) and (h)) for the contract for a period of
an indefinite period and in accordance with paragraph 1 (b). p).
§ 64
Bill price, the complaint
(1) a participant who is the end user, or a user publicly
available electronic communications service, is obliged to pay for the
the price of the service provided at the time of the provision of this service.
(2) an entrepreneur providing publicly available electronic service
communications is required to in the form referred to in paragraph 5 to provide free of charge
Depending on the selection of a participant, that is the end user, or
user, this billing prices for services rendered:
and Bill price according to the type), the service, or
(b) a summary statement of the price) one entry.
The Bill does not contain item prices for calls or other services
electronic communications, that participant is the end
the user does not apply, including calls to numbers for access to services on
collect. For prepaid cards, the statement does not provide prices.
(3) if the trader referred to in paragraph 2 of the universal service provider
services with obligations pursuant to § 38 paragraph 1(a). 2 (a). g) point 3 shall provide the
only one free consumer Bill price depending on the selection
of the consumer.
(4) an entrepreneur, including the universal service provider, which
submit billing prices containing a breakdown of each call,
provide, at the request of a participant, that is the end user, for consideration and
a good alternative to this Bill prices to ensure enhanced protection
the privacy of the participant, such as not disclosing the section number in the
Bill price.
(5) with the agreement of the participant by the end user, or
by the user, the entrepreneur submits an expense report prices and in a form other than
electronic.
(6) an entrepreneur providing publicly available electronic service
communications is required to indicate prices on your bill posting period
which may not be longer than 90 calendar days and in the case of the provision of
universal service 35 calendar days, unless with the participant,
that is the end user, another period, and ensure that the submission of an expense report
prices, to that party could be delivered within 15 days from the date of
their billing period and in the manner prescribed by the law on
postal services or in any other way, if it was the other way
delivery with the participant, that is the end user, or
the user agreed.
(7) the party who is the end user, or the user has the right to
claim on the Bill or on the prices provided by the public
available electronic communications service.
(8) a claim on an expense report is the party who is to end
by the user, the user shall be entitled to apply, as appropriate, without undue
delay, at the latest within 2 months from the date of delivery of the statement of the price for
service provided, otherwise the right shall lapse. Where, owing to the kind of
billing services prices supplied, is entitled to claim
apply within 2 months from the date of provision of the service. The submission of a complaint does not have
suspensory effect against a compliance with the obligation to pay the price charged, the authority
However, in duly substantiated cases, at the request of the participant shall be entitled to,
where appropriate, the user may decide that the claim shall have suspensive effect.
The decision cannot be appealed.
(9) the Complaint on the service is the party who is to end
by the user, the user shall be entitled to apply, as appropriate, without undue
delay, at the latest within 2 months from the date the defective services
otherwise, the right shall lapse.
(10) an entrepreneur providing publicly available electronic service
communications is required to deal with a complaint on the Bill or on prices
the provision of the service without undue delay, no later than one month from the
the date of receipt of the complaint. If the settlement of the complaint requires the consultation of the
a foreign operator is obliged to settle the complaint not later than
2 months from the date of its delivery. Service of the complaint must be
done in a provable way.
(11) unless the parties agree otherwise, is an entrepreneur, providing
publicly available electronic communications service must, in the case
the Bill for the service prices to the detriment of the party that is
the end user, return to it the price difference in the manner and within the time limits
set out the general terms of service, but no later than within 1 month
from the settlement of the complaint. After the fulfilment of these obligations, and satisfy those
rights of the user is not obliged to pay the trader providing the service
users of the service damage to them as a result of the interruption of
the service.
(12) If it was possible to use the service only in part, or it could not be
use at all for the failure of the technical or the operational nature of the
the entrepreneur side service, it is required to ensure
the defect and reasonably reduce the price or in agreement with the participant,
that is the end user, ensuring the provision of services by the replacement
way. Entrepreneur providing electronic communications service is not
obliged to compensate its users to the damage that they arise as a result of
service interruption or faulty services.
(13) the scope of the Bill the price under paragraph 2 (a). and the Office)
an implementing regulation.
§ 65
Non-payment or delayed payment of account
(1) an entrepreneur providing publicly available electronic service
communications is required to provide the service before the commencement of the proven
notify the participant of the consequences of non-payment of telephone bills. The cost for the
proven track record of warning shall be borne by the entrepreneur providing publicly available
electronic communications service.
(2) If a participant does not pay by the due date indicated on your Bill
prices for services rendered, the businessman referred to in paragraph 1 to
proven and provides replacement period the performance of not less than 1
a week from the date of delivery of the notice. After the expiry of the replacement period may
Entrepreneur participants limit provision separately charged
services by preventing active access to the service, with the exception of the implementation of the
calls to emergency numbers. The price for the proven caution must
be cost-oriented.
(3) the Trader referred to in paragraph 1 may terminate the contractual relationship or
establish a panel participant access to publicly available service of electronic
communications in cases where the participant intentionally incorrect personal
or identifying information, or consistently late or paid consistently
paying the price for the services referred to in the statement of the price, and only after
having warnings to the Subscriber. Systematic late payment is
for the purposes of this provision, means paying at least 2 consecutive
Bill price after the due date. Systematic non-payment for the purposes of
This provision, means the existence of at least three unpaid Bill
prices.
§ 66
Information and operator services
(1) an entrepreneur who allocates telephone numbers to subscribers shall be obliged to
at the request of the person who provides publicly available information services about
telephone numbers or subscriber lists, passing it the personal
and details of the participants to agree,
and under the conditions provided for in § 41 para. 3 (b). (b)) and in the range of sentence last
pursuant to § 41 para. 5. in the first sentence the entrepreneur is obliged to participants
before requesting their consent to publication of their personal and
identifiable information, inform about the purpose of the directory and the
any further usage possibilities based on search functions data in
electronic versions of the directory. These data, in
they gave these parties to consent, it passes in an agreed
format, on an equal and objective conditions and at prices that are
cost-oriented and non-discriminatory. The relying party for
transmitted data also always indicate whether a participant that does not wish to
be contacted for marketing purposes.
(2) an entrepreneur providing public telephone network is obliged to provide the
all end users access to the public telephone network operator
services and at least one information service on telephone numbers
participants of all business owners publicly available telephone
the service.
§ 67
Identification of malicious or nuisance calls
(1) an entrepreneur providing a publicly available telephone service
shall at the request of the Subscriber and at his expense, to ensure service
identification of local numbers, which was effected by abusive
or harassing calls, and back to specific calls that
the participant is marked as malicious or annoying, but not later than 2
months from the date of implementation of such a call.
(2) an entrepreneur providing a publicly available telephone service
obliged to provide entrepreneurs requests pursuant to paragraph 1 information
necessary to identify the local numbers, from which it was
made malicious or nuisance calls, callback for specific
call that a participant is marked as malicious or annoying,
However, at the latest within 2 months from the date of implementation of such a call.
(3) identification of the Service local numbers according to paragraph 1:
the provision of data on natural and legal persons referred to in § 41
paragraph. 5, even if the party refused publication in accordance with § 41
paragraph. 6.
§ 68
Wide-screen television service
(1) an entrepreneur providing a public communications network which
through the digital television services are propagated, it is obliged to
to operate this network so as to allow the spread of services and programs
wide-screen television. Entrepreneur providing a public communications
a network that receives and broadcasts a wide-screen television services or programmes
the format is required to maintain this wide format.
(2) the wide-screen television Service "means a service which consists
wholly or partially of programmes produced and edited provision
so that they can be displayed in a full height wide format; the format of the
16:9 is the reference format for wide-screen television services.
§ 69
Entrepreneur providing a publicly available telephone service and, if it is
technically possible, a businessman to provide access to a public communications
the network is obliged to allow free of charge to their subscribers
and) fault reporting through its network,
(b)) information through automatic voice, which shall inform the
about the changes to the calling subscriber's subscriber number in his network,
c) calls to emergency numbers.
section 69a
(1) without prejudice to the provisions of section 38, the Office may, after conducting a public
consultation under section 130 in the general authorisation to entrepreneurs
providing a publicly available telephone service, or providing
access to a public communications network conditions relating to the obligations of the
to provide the end user with additional services pursuant to section 38 and, if it is
technically feasible and economically acceptable, multi-frequency
tone dialing and display the caller's phone number to the Subscriber.
(2) the obligation to provide the obligation in paragraph 1 is not saved,
If it finds that the provision of these services is provided.
section 69b
Without prejudice to the provisions of section 43, the Office may, after conducting a public
consultation under section 130 in the general authorisation to entrepreneurs
providers of publicly available electronic communications service
conditions relating to the obligation to provide disabled persons
access to publicly available electronic communications services
equivalent to the approach that enjoyed by other end-users, and
to allow them the same opportunity to choose between the services, other
end users.
section 70
Selection and carrier pre-selection
(1) the authority shall, in accordance with section 51 the decision saves the undertaking with significant market
force in the area of connection of the participants to the public telephone network
use at a fixed location obligation to enable their subscribers to access the
any linked services to entrepreneurs providing publicly
available telephone service
and the appropriate code) by choosing the entrepreneur providing publicly available
pre-selected telephone service (operator selection) and
(b)) code by setting the entrepreneurs providing a permanent publicly available
telephone service (carrier pre-selection), which can be suppressed when
individual call option (a)).
(2) the authority is entitled to decide on the basis of user request procedure
pursuant to section 51 of the introduction to the services referred to in paragraph 1 as well as on other networks
or otherwise, taking into account the obligations and conditions referred to in §
84.
(3) the technical and organizational conditions for the implementation of the options and preferences
operator and the policy for posting prices among businessmen in connection with the
choice and preselection Office shall determine the measures of a general nature.
§ 71
Quality of service
(1) the authority shall be entitled to consultation pursuant to § 130 save entrepreneurs
providing a public communications network or providing publicly
available electronic communications service to uveřejňoval an overview of the
current prices, quality and conditions provided publicly
available electronic communications services and the measures taken
to ensure equal access for disabled users,
and it's in a form that enables end users to these data
a simple way to compare. The said entrepreneur publishes
This information, in all its premises and also in a manner allowing
remote access. The entrepreneur is obliged to provide to the Office on its
request this information prior to their posting.
(2) an entrepreneur providing a publicly available telephone service
shall continuously provide to the authority the information referred to in paragraph 1 for the purposes of
their publication in accordance with § 54 para. 2.
(3) the quality of service Parameters to be measured,
the content, form and manner of publication of the information referred to in paragraph 1 and any
procedures for the evaluation of the quality of the Office shall determine the measures of a general nature.
(4) the authority shall be entitled to consultation under section 130 and 131 save entrepreneurs
operating public communications network requirements for ensuring a minimum
the quality of service.
§ 72
The obligation to spread the specified radio and television program and services
in the public interest
(1) the authority shall, by means of a public communications network which is
the service provided the distribution of radio and television broadcasting, which
used by end users as a primary means of receiving a radio
and broadcasters, saves the decision specified the obligation to disseminate
a radio or television program and with this program related
the service.
(2) the obligation provided for in paragraph 1 on the basis of stores
special legislation. ^ 11)
§ 72a
(1) the spread of radio and television broadcasting is provided on
the basis of a written contract between the operator of radio and
tv ^ ^ 11), 16) and an entrepreneur providing this service
electronic communications.
(2) an entrepreneur providing service distribution of radio and television
broadcasting is obliged to act on the conclusion of the contract referred to in paragraph 1 in
When requested to do so by the operator of radio and television
the broadcast.
(3) an entrepreneur providing service distribution of radio and television
broadcasting is obliged to enter into a contract pursuant to paragraph 1, if the requirements of
operators of radio and television broadcasting are not inconsistent with
the draft treaty under section 72b, correspond to the technical parameters of its
as a result, the network would not have to undermine the integrity of its network
and the asking price is not lower than the cost-oriented price.
(4) in the absence of the conclusion of the agreement referred to in paragraph 1, the Office is authorized to
basis of a proposal from any party to decide the dispute. For
resolution of the dispute shall apply mutatis mutandis to section 127. Part of the proposal of a Contracting Party to the
the dispute must be the draft treaty with his disputed
parts.
(5) an appeal against a decision referred to in paragraph 4 does not
suspensory effect.
section 72b
(1) if it is to be the subject of the contract pursuant to § 72 para. 1 the spread of regional
digital television broadcasting, is an entrepreneur providing service
the distribution of radio and television is obliged to draw up a proposal for a
contract for the provision of this service, which must contain, in addition to
requirements under § 63 para. 3 General terms and conditions referred to in
paragraph 2, and publish it in each of their establishment and also in a way
allowing remote access. Contract may be concluded at the earliest one month
After the publication of its proposal. For changes to the draft Treaty shall apply this
the provisions apply mutatis mutandis.
(2) general terms and conditions contain a proposal for a price in the price
the total and partial price, price proposal for the dissemination of a unit mass of data
the flow and design of the technical solution, which includes data on
and) minimum and maximum population coverage signal
(b)) availability, reliability, and quality of the signal,
c) minimum and maximum available bit rate for a single
the tv programme including the possibility of statistical multiplexing,
(d)) minimum and maximum available bit rate for a single
radio program,
e) expected the coverage territory
(f) source coding standard) used,
g) the protection of the interval
h) conditions relating to the transfer of electronic programme
guides (EPG) to disseminate,
and conditions of any breakdown of the programme) within the framework of the broadcasting network,
j) expected start date of service provision dissemination of broadcasts,
k) the timing of development of the broadcasting network, if it is not built in
full,
l) conditions of the construction of additional transmitters in the framework of the jednokmitočtové
the broadcasting network,
m) stream size reserved for other complementary and
information services,
n) stream size reserved for business and information needs
your network operator,
of transmission parameters and directions) television signals between studios
operators of radio and television broadcasting, where necessary, details of the
kontribučním system, if this service is offered.
§ 72c
Entrepreneur providing an electronic communications network for terrestrial
digital tv and entrepreneur providing service spread
radio and television broadcasting on the network to communicate to the Office information on
free flow capacity of electronic communications networks and on the extent to
and the structure used by the data flow to the 31. December of each
calendar year until the end of the next calendar month and
change of these data within five days from the date of implementation of the changes. Information referred to in
the previous sentence exposes the entrepreneur in each of their establishment and whether or not
manner allowing remote access. Authority the following information exposes
manner allowing remote access.
Part 2
The appliance
section 73
(1) device for the purposes of this Act, a device that is
radio equipment or telecommunications terminal equipment or
both.
(2) establishes a special law ^ 25) ^ 26) for technical
requirements (hereinafter referred to as "technical requirements"), these devices must not be
the putting into service or operated, if the technical requirements
do not meet.
(3) the radio equipment means a product, or relevant component thereof,
capable of communication based on the emission or reception of radio waves with the
the use of the spectrum allocated to terrestrial or space
radio communications.
(4) telecommunications terminal equipment "means a product, or
the important part, that enable communication and intended to be connected directly or
indirectly, to the public communications network.
(5) the public pay telephone "means telecommunications terminal
the device, which is publicly available telephone, to the use of
can be used as a means of payment in particular, coins, credit
cards or prepaid cards, including cards for use with dialling codes. This
telecommunications terminal equipment may be equipped also for the provision of
other services.
(6) an entrepreneur providing a public communications network shall allow
connect telecommunications terminal equipment to appropriate interfaces,
If this end device meets the technical requirements.
(7) an entrepreneur providing a public communications network is required to
publish the manner allowing remote access and notify the Office types
interface, which provides for the connection of devices and their technical
specification. These obligations must be fulfilled no later than 1 month before the
than public telecommunication services provided through
These types of interfaces available. Changes to the technical specifications
obliged to notify the authority and publish the manner allowing remote access,
not later than 3 months before the date of their execution.
(8) the technical specifications referred to in paragraph 7 shall be so
detailed to allow to construct instruments capable to use all
publicly available electronic communications services, which are
via the interface provided. Technical specifications
must contain all the information necessary to ensure that producers could
perform the relevant tests with regard to technical requirements applicable to
the device.
(9) the authority shall maintain a list of interface types notified in accordance with paragraph 7 and
Announces these types of Commission.
§ 74
(1) the authority may decide to dispose of the appliance, which does not meet the
the technical requirements of the operation. The decision referred to in paragraph 2, the Authority also
publish a manner allowing remote access.
(2) if the Office decides to exclude from the operation of the appliance, it must
the preamble to state whether the non-conformity with the technical requirements was
and) incorrect application of the harmonised standards,
b) shortcomings in the harmonised standards,
(c)) non-fulfilment of technical requirements.
The authority shall inform the Commission of any such decision and the reasons for their
decision. Each such Authority shall publish, in a manner allowing
remote access.
(3) the Office shall make the initiative of the body responsible for supervision of marketing
devices on the market, ^ 27) prohibit or restrict the placing on the market or withdraw
from the market of radio equipment causing harmful interference
the existing electronic communications services or would cause
harmful interference of the planned electronic communications services in
frequency bands used in the territory of the Czech Republic.
(4) the authority may restrict the putting into service of radio equipment only from
to ensure the efficient use of the radio spectrum, avoidance of
harmful interference or for the protection of public health.
The provisions of paragraph 1 and the conditions referred to in the permissions for the provision of
the electronic communications services that are not affected.
(5) the authority may allow entrepreneurs to ensure public communications
network at his request, refused to join, disconnected or disabled from operation
a device that meets the technical requirements, if this device
causes damage to a network or harmful interference or interferes with the
the functionality of the network. Each such permit, the authority shall notify the Commission and at the same time it
publish a manner allowing remote access.
(6) an entrepreneur providing a public communications network may, in exceptional
circumstances, disconnect, if it is necessary for the protection of the network and
If the user to immediately offer alternative free solutions.
Entrepreneur providing a public communications network about it without delay
the Office shall inform. Information on any such notification, the authority shall publish
manner allowing remote access.
§ 75
(1) where it is technically feasible, is an entrepreneur providing publicly
available telephone service through a public mobile telephone
the network shall, at the written request of the police of the Czech Republic and the
its costs for the purposes of criminal proceedings, to prevent the desired time,
However, for a period of not more than the authorised interception, the operation of the end
mobile telecommunications equipment (mobile telephone)
public mobile telephone network, which allows encryption, encoding, or
Another way the confidentiality of transmitted messages.
(2) the request referred to in paragraph 1 shall contain the reference number under which the
the Court's decision to consent to the operation causing the end
mobile telecommunications equipment for the police of the Czech Republic,
and must be signed by the responsible person.
(3) Notwithstanding the provisions of paragraphs 1 and 2, if it is technically
feasible and economically reasonable, is an entrepreneur providing publicly
available telephone service through a public mobile telephone
the network shall, at the written request of the police of the Czech Republic to prevent
the pursuit of a stolen end mobile telecommunications equipment
(mobile telephone) in a public mobile telephone network. By
not prejudice the right of the participant to request block identification
Subscriber cards (SIM card) for entrepreneurs providing publicly
available telephone service through a public mobile telephone
the network.
(4) the request referred to in paragraph 3 shall be documented by the police of the Czech
Republic of the notification and the consent of the things stolen, the owner of the
stolen device, disabling the operation of this equipment in
public mobile telephone network.
(5) the request referred to in paragraphs 1 and 3 may be sent via the
data boxes or even by electronic means, if they are signed by the
recognized electronic signature under a special legal
^ 28) of the code.
Part 3
Rental of circuits
§ 76
(1) the rental of circuits shall mean electronic communications service
of the lease of transmission capacity between network termination points
electronic communications.
(2) the person providing the service to the rental of circuits is required in the case of
threats to the security of the network, network integrity, interoperability of services and
of data protection to restrict access to the rental of circuits. Access restrictions
the service is obliged to immediately notify that person of the Office.
§ 77
cancelled
Part 4
Interconnection and access to electronic communications networks and associated
resources
§ 78
(1) Access means the making available of funds or services on the basis of the
the conditions imposed, either exclusively or non-exclusive basis to another trader for the
the purpose of providing electronic communications services, including
When they are used for transmission of information society services or services
transfer the content. Access means in particular
and) access to network elements and associated resources that can
include the connection of the device after the fixed or non-fixed
resources; includes in particular the unbundled access and
resources and services necessary to provide services over
the local loop,
(b)) access to physical infrastructure including buildings, masts and resources
for cable management,
(c)) access to relevant software systems including systems support
operation,
d) access to the conversion of numbers or systems offering equivalent functionality,
e) access to fixed and mobile networks, in particular for roaming,
(f)) access to conditional access system
g) access to virtual networks
h) linking of public communications networks
I) access to information systems or databases for ordering,
maintenance, repair requests and billing.
(2) the Link means the physical and logical linking of public
communication networks in order to allow the users of one communication
entrepreneurs with users of the same or another entrepreneur, or allow
access to the services provided by another professional. Services may be
provided to entrepreneurs, whose network will link, or other
entities that have access to the network and meet the requirements laid down in this
the law.
(3) the link is a specific type of access established between public
communications networks, where the access point is the connection point between the
networks. The link may be direct or indirect. Indirect connection between the
2 understand public communications networks through public
communication network of the third entrepreneur providing a public communications
network.
(4) local loop means the physical circuit connecting the network termination point with
the main distribution frame or equivalent facility in the fixed public communication
the network.
§ 79
(1) an entrepreneur providing a public communications network shall be entitled to or in
When asked by another businessman, that according to § 13 announced
business, shall be obliged to negotiate interconnection for the provision of publicly
available electronic communications services, in order to ensure
provision and interoperability of such services in the territory of the Member States.
(2) without prejudice to the obligations imposed by this Act or on its
the basis of undertakings with significant market power, the authority is entitled to after
consultation in accordance with section 130 and 131 by decision
and entrepreneurs, which controls) access to end users,
obligations, including the obligation to allow the disclosure of resources or
services under section 78, to provide a link from the endpoint to the end
the point, in justified cases, including site links, within the time limit
fixed by the Office,
(b) the obligation to provide for the operator) is fair, reasonable and
non-discriminatory conditions of access to the application programs
(API) or electronic programme guides,
c) entrepreneurs, which controls access to end users, in the
justified cases and to the extent necessary to ensure the
interoperability of the services provided by him.
(3) an appeal against a decision under paragraph 2 (a).
and) does not have suspensory effect.
§ 80
(1) access shall be ensured on the basis of a written contract entered into between the
operator and entrepreneur providing a publicly available service
electronic communications. Networking is based on
written contracts between operators.
(2) in the case of amendments and additions to the Treaty of accession or the Treaty on
linking paragraphs 4 to 7 apply mutatis mutandis.
(3) the minimum requirements to be included in the draft Treaty on
access or interconnection networks, lays down the law.
(4) the Businessman referred to in paragraph 1, which asked for the conclusion of the Treaty on the
access or interconnection, is obliged within 10 days from the date of
the contract is transmitted to the authority its full text, including attachments.
(5) if the person addressed an entrepreneur decided to reject under paragraph 1
the conclusion of contracts for access or interconnection, in writing without delay of the
refusal to inform the rejected entrepreneurs and also specify the specific
the reasons for refusal, in particular
and technical reasons)
(b)) economic reasons
(c)), or organizational reasons
(d)) for more reasons that influenced his decision to reject
of the proposed solution.
This information shall be sent in accordance with paragraph 1 that opposed the entrepreneur at the same time
The Office.
(6) the Office shall enter on its own initiative, if it is necessary for the fulfillment of
the objectives of the regulations referred to in section 5, or at the instigation of any interested parties
in the meeting of entrepreneurs on the Treaty of accession or on the contract for the link
networks. Office to the contentious parts of the draft treaty or the reasons for rejection
pursuant to paragraph 5 shall give its opinion, which shall communicate it to the parties.
(7) in the absence of the conclusion of a written contract on access or
the linking of networks within 2 months from the date of commencement of the negotiations on the draft Treaty,
the authority shall decide on the basis of a proposal from any party to the dispute
access or interconnection procedure pursuant to § 127. Part of the design of the Contracting
the parties to the dispute must be the draft contract with its
the contentious parts. Date of commencement of the hearing, means the day on which the Contracting Party
proven to be handed over the draft of the contract to the other party.
§ 81
(1) the authority is entitled to in accordance with section 51, by decision of the enterprise with
significant market power on the relevant market to when
provision of access or link applies equivalent conditions in
equivalent circumstances for other entrepreneurs providing equivalent
services and to provide them with services and information under the same conditions and of the
the same quality as it provides for its own services, custom
organisational components, or its subsidiaries or
partners or within the herlitz group. ^ 30)
(2) the operator is required to use information provided from another
entrepreneurs before, during or after the negotiation of the Treaty of accession or
the Treaty on the site links only for the purpose for which it was provided.
When dealing with such transmitted or stored information, these
the information shall not disclose its decline to the departments, a subsidiary
companies, partners or shareholders, nor to other entrepreneurs,
that such information could bring a competitive advantage. This is not a
without prejudice to the obligation to provide information to the authority under section 115.
§ 82
(1) the authority is entitled to in accordance with section 51, by decision of the enterprise with
significant market power on the relevant market, the obligation to publish in the
extent strictly necessary information concerning access to the network or
interconnection of electronic communications networks, such as accounting information,
terms and conditions, technical specifications, network characteristics, including
conditions limiting access to services and applications, or their
use, and prices.
(2) the authority is entitled to in accordance with section 51, by decision of the enterprise with
significant market power on the relevant market, the obligation to disclose
access or interconnection reference offer giving a description
the appropriate menus divided into parts according to the needs of the market and
related terms and conditions including prices. this body may not in
the reference offer access or link demand that entrepreneurs
requesting access or interconnection paid for resources and
operational and technical services which are not necessary for the
the service. This does not affect the obligation to publish a reference offer in accordance with §
paragraph 85. 1.
(3) the authority is entitled to decide on the change in the reference offer access
or link, if this menu does not lead to the consistent implementation of
obligations under this Act.
(4) the scope, form and manner of publication of the information referred to in paragraph 1 and
Essentials reference offer referred to in paragraph 2 and the scope and form of
the Office shall determine the measures of a general nature.
section 83
Conditions for access to digital television and radio services
broadcast
(1) application program interface (API) "means the software
interfaces between applications, made available by radio and
broadcasters or providers of digital interactive
television services and digital television.
(2) digital television equipment "means equipment intended
for connection to a television receiver or integrated in a digital
a television receiver that can receive digital radio and
television broadcasting and the use of digital interactive television
services.
(3) the conditional access System (hereinafter referred to as the "gate") means any
technical equipment or measures to ensure that access to
a protected radio or television broadcasts took place in
comprehensible form. Such an approach is conditional subscription or other
in the form of prior individual permissions.
(4) only use the gate that, regardless of the transmission
means the broadcast technically secures the effective management
features that will allow entrepreneurs to ensure the transmission of signals
digital radio or television broadcasts on a local or
regional level, full control of the services that use the gateway.
(5) independently of the transmission means are entrepreneurs, providing
propagation service of protected content on the services depends
operators of digital radio and television broadcasting in the
covering any group of potential viewers or listeners are required to
offer these operators on a fair, reasonable and
non-discriminatory basis, services that allow you to digitally
broadcast services for these operators to viewers or listeners
authorized this income through the gateway, that is administered by
operators of digital radio and television broadcasting.
(6) if the Office finds on the basis of an analysis of the relevant market, that no
the body does not have significant market power in the market of services disseminating digital
radio and television broadcasting to end-users, it may without
Notwithstanding the provisions of paragraphs 4 and 5, change or cancel the requirement for
Entrepreneur service spread, and only to the extent that the
such amendment or withdrawal of obligations
and negatively affect) end-user access to digital
radio and television broadcast channels and services, and software
specified in accordance with section 72,
(b) negatively in the future do not undermine) effective competition in the
the markets for digital television and radio broadcasting to the end
the user or the markets of conditional access systems and other
the assigned resources.
The authority shall inform in advance the bodies affected by the change
or cancellation of those obligations.
(7) the authority shall be entitled to the owners of the application program interface (API)
Save to provide radio and television operators
for the purposes of the provision of broadcast digital interactive television
services to end users, including people with disabilities,
fair, reasonable and non-discriminatory conditions, all
information necessary to provide all services supported by the
for application programs (API) in a fully functional form. These owners have
the right to reimbursement of the costs reasonably and demonstrably incurred costs for the
the provision of information.
(8) an entrepreneur providing digital radio propagation service and
broadcaster is obliged to ensure the dissemination of service on your network
services directly related to the programme ^ 11). The authority shall lay down the General
permission under section 10 of the terms and conditions for the provision of electronic
the programme guide. Conditions, which are determined by the Office in accordance with
This provision is without prejudice to the obligations laid down by the Council for
radio and television broadcasting in relation to presentation
the electronic programme guide and similar briefing and
guidance cues in the context of the regulation of content.
(9) the holder of an individual permission to use radio frequencies for
terrestrial digital radio and television is obliged to
and dissemination) to allow radio and television programmes, which
the minimum number of technical quality and other conditions spread down
The authority under section 22 in the allocation of radio frequencies,
(b) to ensure the provision of the service) the electronic programme guide,
which is distributed as part of the General stream and must contain the
information on all radio and television programmes in this data
the flow of the mixture,
(c)) use the allocated radio frequency so that the spread of services
information society services has not been utilized by more than 20% of the transmission
the capacity of an electronic communications network.
§ 84
Access to resources and capacity sharing
(1) the authority is entitled to in accordance with section 51, by decision of the enterprise with
significant market power on the relevant market to ensure public
the obligation to comply with an adequate communication network requirements of another
entrepreneurs on the use of and access to the specific network elements and
the associated resources in order to ensure a competitive environment for
the relevant market in the interests of end-users, and consumers.
(2) the authority is entitled to a decision pursuant to paragraph 1 save in particular
the obligation to
and) provide access to third parties to specified network elements
or resources, including the making available of network elements which are not active, the
or a local loop, in order to, inter alia, enable the option or
carrier pre-selection and offer resale local loop,
(b)) the annulment of access no longer provided by the resources, if the undertaking
using access to fulfil their obligations arising from contracts concluded by the
access,
(c) to provide specified services) for resale by third
the parties,
(d)) to provide free access to technical interfaces, protocols or
other key technologies that are indispensable for the interoperability of the
of services or virtual network services,
(e)) to provide co-location or other forms of sharing assigned
resources,
(f) to provide specified services needed) to ensure
interoperability of services between the endpoints (end-to-end service)
user, including resources for intelligent network services or
roaming on public communications networks,
g) to provide access to operational support systems or similar
software systems necessary to ensure a fair economic
competition in the provision of services,
(h)) to link the network or network devices
I) provide access to the associated services.
The authority is authorized in decision to impose the obligation to provide access to
These obligations of the technical or operational conditions to be
ensure normal operation of the network on the basis of the principle of Justice,
proportionality and timeliness.
(3) an enterprise, which has been imposed the obligation under paragraph 2, it shall
to publish a reference offer. The terms and conditions which must
the reference offer include, the Office shall determine the measures of a general nature.
(4) the authority shall be entitled to consultation under section 130 may decide on the basis of
request of the entrepreneur who pursuant to § 13 of the said business, imposing a
obligations of entrepreneurs providing a public communications network, which
uses the foreign property under section 104, share their assigned resources
or their property, through which the foreign property used,
or the obligation to take measures for the coordination of work in the public
interest. This obligation is entitled to save, if because of the protection
the environment, public health, public safety, or
to meet the objectives of spatial planning cannot set up these resources
separately. The Office is obliged to the public consultation pursuant to § 130
to the owners of the real estate concerned. In the decision on the imposition of
duties of the Office shall, in addition to the technical specification of the method of sharing,
or coordination, also the rules for apportioning the costs of sharing
assigned funds and the asset, if entrepreneurs according to the
the first sentence, agree. If multiple applicants, the Office shall decide in accordance with the order of the
incoming requests.
(5) the authority shall be entitled to consultation under section 130 may decide to save a
the obligation to share the cable wiring in buildings, or until after the first
concentration or distribution point, if it is a location outside the building,
in the event that the doubling of the cable was economically
inefficient or physically impossible. The Office is obliged, under
public consultation pursuant to § 130 to proprietors
real estate. This obligation may be at the request of the entrepreneur who announced
business in accordance with § 13, save entrepreneurs providing a public
a communications network that uses foreign property under section 104, or
the owner of the cable. In the decision on the imposition of obligations
sharing cable Office, in addition to the technical specifications
How to share, if the person referred to in the third sentence,
also, the rules for apportioning the costs of the share, including the cost of the embedded
capital taking account of the risk that this share represents.
(6) the authority when imposing obligations provided for in paragraphs 2 to 5 shall take into account, in particular,
and the technical and economic life) using or installing
competing devices, on the basis of market development, taking into account the
the nature and type of access or interconnection, including the possibility of
use of other access services provided at a higher level
the distribution chain,
(b)) the feasibility of providing the access proposed, with regard to the
the available capacity,
(c) the initial investment protection) the owner of equipment taking into account the
funding from the public purse and risks arising from the initial
investment of the owner, and the owner of the equipment cost on its maintenance,
(d)) the need for long-term protection of the competitive environment, with a focus on
effective competition in the field of networks and infrastructure,
e) intellectual property rights,
(f)) the provision of pan-European services,
(g) the protection of the owners of the real estate concerned),
h) in the case of deciding on the imposition of the obligation to share the assigned
the means referred to in paragraph 4 to meet the goals of spatial planning
the entrepreneur, whose proposal is to decide on the date of submission of the proposal already
he underwent due process of negotiations with the owner of the assigned resource
and to prove that it has exhausted all the technical and other possible solutions to
to build its own, independent of the assigned resources.
(7) the undertaking with significant market power on the relevant market to which the
obligation referred to in paragraph 2 may, in the negotiations on the draft Treaty establishing a
access or link to refuse such a proposal if the
the access or interconnection does not match the technical parameters or
would undermine the integrity of the network.
(8) if the entrepreneur Refused pursuant to paragraph 7 of the draft Treaty of accession or
the link shall no later than 15 working days from the receipt of the
This proposal to ask the authority to consent to a rejection of the draft Treaty and
the reasons of such refusal. If the Office has the decision to consent
within 15 working days from receipt of the request for consent, apply it with a
rejection of the draft Treaty agrees.
§ 85
Unbundled access to the
(1) an undertaking with significant market power on the relevant market, ensuring
public communications network, which has been obliged to make available to the
the local loop, is obliged to publish a reference offer for
local loop unbundling.
(2) section of the local loop means the part of the local loop,
that connects the network termination point to a concentration point or
the specified intermediate access point in the fixed public communication
the network.
(3) unbundled means full disclosure
the local loop and shared access to the local loop.
(4) full unbundled means the provision of
access to the local loop or local sub loop of that
authorizes the use of the entire capacity of the network infrastructure.
(5) shared access to the local loop means the provision of
access to the local loop or local sub loop of that
the use of a specified right to part of the capacity of the network infrastructure, such as
It is part of the frequency or its equivalent.
(6) the requirements and conditions that must make the reference offer
the local loop, the Office shall include measures of General
nature ^ 31).
Part 5
Separate records of expenses and revenues
§ 86
(1) the provider of universal service and the entity against which was
applied regulation of prices on the market for the end user is obliged to keep
separate records of costs and revenues.
(2) the authority is entitled to in accordance with section 51 save the obligation to keep separate
records of expenses and revenues of the entity
and) providing access or interconnection and the procedure provided for in § 51
designated as having significant market power on the relevant market; The Office of the
Decides that activities related to interconnection or access
the obligation to keep separate records of costs and revenues, or
(b)) that is listed in § 83 para. 5.
The Office is entitled to impose the obligation to keep separate records of costs and
the revenue body referred to in point (a)) also on related
retail markets.
(3) for the purposes of the separate records of expenses and revenues the authority measures, General
methodology of the special nature of the breakdown of costs and benefits and their
assigning and determines the structure of the reported information.
(4) the body referred to in paragraphs 1 and 2 shall be obliged to submit the results of
separate records of expenses and revenues to the verification of compliance with the methodology set out
in measures issued pursuant to paragraph 3 to the independent qualified
the body within 1 month after the publication of its accounts of ^ 32) and the conclusions of the
authentication to publish.
(5) the authority shall be entitled to the body referred to in paragraphs 1 and 2 of the decision
Save the obligation to justify its calculation of the prices charged by other
entrepreneurs who are not end users, and intercompany pricing
for communication activities, according to separate records of expenses and revenues to the
ensure non-discrimination and to prevent undue cross-
financing.
(6) the body referred to in paragraph 1 shall be required to the authority, at its request and in the
by the set deadline to prove to the calculation of the prices charged by the end
users, according to separate records of costs and revenues.
(7) the body referred to in paragraphs 1 and 2 shall be obliged to forward to the Office on the
his request and within the time limit laid down in the annual results of separate registration
costs and revenue and accounting data, including data on revenues received from
third-party software. The authority may disclose such information in accordance with the
special legislation ^ 33) and with the rules of the European Union for business
secret.
(8) an entrepreneur providing a public communications network or provides
publicly available electronic communications services, which has a special
or exclusive rights for the provision of services in other sectors in the United
Republic or in a Member State of the European Union, is obliged to
and a separate record) to keep costs and benefits, including itemized breakdown
written off assets for activities associated with the provision of such networks
or the provision of electronic communications services, in such a way
the details and using a system of assigning costs and revenue
are required of the bodies referred to in paragraphs 1 and 2, or
b) structurally separate the activities that are associated with the provision
These networks or electronic communications services.
This obligation does not apply to businesses whose annual turnover in the activities,
that are associated with the provision of such networks, or the provision of publicly
available electronic communications services, is less than the equivalent of 50
0000 0000 EUROS, expressed in CZK.
(9) Body providing public communications networks or providing
publicly available electronic communications service, for which the
do not apply the provisions of the special legal regulation ^ 33) and that is not
a small or medium-sized entrepreneur according to the criteria laid down
rights of the European Union accounting rules, it is required to prepare its
financial report, submit it to the Office of the designated independent verification
a qualified entity, and publish it. This requirement shall also apply
on the separate accounts required under paragraph 8 (a). and).
Part 6
Functional and voluntary separation
§ 86a
Functional separation
(1) the Functional separation of the vertically integrated undertaking shall mean
the Department or transfer activities related to the wholesale provision of
access services on a separate economic unit that is independently
operated, without changing the ownership structure of the vertically
integrated undertaking.
(2) a separate economic entity for the purposes of this Act, the
part of the company, which is in terms of its organisation, decision-making and
accounting in their activities separate from the vertically integrated
of the business.
(3) a separate economic unit must provide services and access
The Office of electronic communications services designed to all entrepreneurs,
including economic units as part of a vertically integrated undertaking,
within the same time limits and under the same terms and conditions, including the conditions
concerning price levels and services, and through the
the same systems and processes.
(4) the authority may impose functional separation only after the previous
approval of the application by the Commission. This request must contain the following:
and the conclusions of the Office) the findings of the confirmation pursuant to § 51 para. 7,
(b)), from which a reasoned assessment suggests that it is unlikely
that will be achieved within a reasonable time of effective and lasting competition
in the area of electronic communications networks and associated resources,
(c) an analysis of the expected impact of the imposition of) this obligation to the industry
electronic communications services, in particular as regards social and territorial
coherence and impact on an undertaking with significant market power and other
stakeholders, employees separate economic units, motivation
entrepreneurs to invest in the electronic communications sector,
competition, consumer and Office, and
d) analysis demonstrating that the imposition of this duty is the most efficient
possible corrective measures to address the problems of competition.
(5) the draft decision to impose functional separation, which shall be
The Commission for approval must contain the
and the precise description and level) of separation, including in particular the legal status of
separate economic unit
(b) the assets of the separate) data on economic units and about the products or
the services that this unit will provide,
(c) the rules concerning the conduct of separate) units, which provide
the independence of its employees on the management of a vertically integrated
company to which the obligation has been imposed functional separation, and
the corresponding incentive structure
(d)) the rules for ensuring the performance of the obligations,
e) rules for ensuring transparency of operational procedures, in particular in the
relation to other undertakings concerned and the
(f) monitoring compliance with the program) with the obligations, including the publication of
the annual report.
(6) after the Commission approves the request and proposal for a decision, the Office shall carry out
analysis of all markets in a coordinated way, related to
access network. Based on the result of these analyses, the Office shall decide on the
the imposition, maintenance, amendment or repeal of obligations pursuant to § 51 on these
markets.
(7) an enterprise, which has been ordered to functional separation, may further
be subject to any of the obligations specified in § 51 on any
the particular market in which is marked as an undertaking with significant market power,
or any other obligations, the Commission has approved.
section 86b
Voluntary separation and transfer of the access network
(1) in the event that the undertaking with significant market power in one or
multiple relevant markets intends to
and transfer its assets covering) access network, or significant
part to another legal entity, which is not in its legal
form, organisation and decision making associated with, or
(b)) to perform a voluntary separation, it shall inform the authority in advance and in a timely manner
so as to enable him to assess the impact of the intended procedure. The businessman also
It shall inform the Authority of any change in this project, as well as the final outcome
the process referred to in subparagraph (b)).
(2) the authority through the coordinated procedure of analysis of all
the relevant markets, that are related to the access network, and on the basis of
their assessment will decide to impose, maintain, amend or repeal
obligations under section 51.
(3) the Legally or operationally separate entity may be subject to any of the
the obligations referred to in paragraph 51 on any particular market, on which the
designated as having significant market power, or any other
obligations, the Commission has approved.
TITLE V OF THE
Data protection, electronic communications services and networks
Part 1
Personal protection, traffic and location data, and confidentiality
communications
§ 87
(1) the rights and obligations relating to the protection of personal data, unadjusted
in this part shall be governed by special legislation. ^ 34)
(2) Consent by a special legal regulation ^ 35) for the purposes of
This means also acceptance made by means of electronic
means, in particular by filling in an electronic form on the Internet.
(3) supervision over compliance with the obligations when processing personal data
under this Act shall be exercised by the Office for the protection of personal data according to the
special legislation. ^ 34)
§ 88
The protection of personal security, traffic and location data, and
confidentiality of communications
(1) an entrepreneur providing publicly available electronic service
communications is required to
and technically and organisationally) to ensure the safety of the service provided with
regard to the protection of personal data of individuals in accordance with a special
by law, the protection of traffic and location data, and confidentiality
communications, natural and legal persons in the provision of this service;
If necessary, the protection shall ensure after written agreement in conjunction with the
an entrepreneur providing a public communications network,
(b)) to handle to ensure the protection of data and the confidentiality of communications by
(a) the technical-organizational) internal regulation; data protection and
ensure the confidentiality of communications with regard to the existing technical possibilities
and the costs needed to provide protection at the level of the corresponding
the existing risk of violations of the protection,
(c) to inform interested parties about) specific risk of violations of the
network security in relation to the protection of the data referred to in point (a)), and if
This risk is beyond the scope of the measures taken by him, is obliged to
inform participants about all the possibilities of achieving redress, including
related costs,
(d)) to establish internal procedures for dealing with requests for access to personal
data users; at the request of the Office for personal data protection to him
entrepreneurs providing publicly available electronic service
communications provide information on these procedures, the number of received
applications, on the legal grounds of these requests and answering them.
(2) an entrepreneur providing publicly available electronic service
communications is required to submit to the authority at its request a prescription referred to
in paragraph 1 (b). b). If the Office finds that the regulation referred to in paragraph
1 (b). c) in contravention of this Act, shall communicate this fact immediately
the entrepreneurs concerned and set a reasonable deadline to correct the
deficiencies.
(3) the Office shall, upon prior request, the regulation referred to in paragraph 1
(a). (b)), shall be entitled to for business owners to provide a publicly available service
electronic communications to check compliance with this regulation, with the
the exception of checks on compliance with the obligations concerning the protection of personal
of the data.
(4) in the case of violation of privacy of a natural person shall be obliged to
Entrepreneur providing publicly available electronic service
communications to notify without undue delay the fact to the Office for
protection of personal data. This notification contains a description of the consequences of the violation of
protection and technical safeguards that the entrepreneur has taken or
proposes to adopt.
(5) in the event that the violation of user privacy by
paragraph 4 shall be eligible affect particularly serious breach of privacy
a natural person or an entrepreneur providing a publicly available service
electronic communications has not implemented the measures which should be this
the status of the rectified and which would be sufficient to protect the endangered personal
data in accordance with the Evaluation Office for the protection of personal data, it shall notify
This fact also relevant natural person and the Office for the protection of personal
of the data. In that notice, the entrepreneur shall indicate the nature protection
personal data, recommendations for the implementation of interventions for mitigating the impact of the
violation of the privacy policy and the contact information place.
(6) the Office for the protection of personal data is entitled to after examination of the resulting
the status of the protection referred to in paragraph 4 to save entrepreneurs
providing publicly available electronic communications service
to interested natural person of infringement of data protection
informed, if already not doing so myself.
(7) an entrepreneur providing publicly available electronic service
communications leads only for the purposes of the review of obligations under
paragraphs 4 and 5 of the overview of the protection of personal data, including
information about the circumstances of the breach, its consequences and the measures taken to
remedy the condition. The implementing legislation may lay down more detailed
the conditions under which a businessman is providing a publicly available service
electronic communications shall be obliged to notify the breach of privacy
the data format of this notification and the manner in which the notice to do so.
section 88a
(1) legal or natural person providing a public communications network
or providing publicly available electronic communications service is
required to ensure that the traffic and location data retained in accordance with §
paragraph 97. 3 have the same quality and subject to the same security and
protect against unauthorized access, alteration, destruction, loss or
theft or other unauthorized processing or use, such as data
under section 88; This is without prejudice to the obligations laid down specific legal
^ Law 34).
(2) a legal or natural person providing a public communications network
or providing publicly available electronic communications service is
required to process to ensure the protection of the data referred to in paragraph 1, the internal
technical-organizational regulation; ensure data protection with regard to the
existing technical options and costs required to ensure the protection of
at the level of the corresponding existing risk protection. For
data protection under this provision, the provisions of § 88 para. 2 to 7
shall apply mutatis mutandis.
§ 89
Confidentiality of communications
(1) the Entrepreneurs providing a public communications network or provides
publicly available electronic communications service shall ensure
technically and organizationally message confidentiality and related operational and
location data, which are transmitted through their public
communications network and publicly available electronic communications services.
In particular, will not allow the interception, to store messages or other kinds of interception
or track messages and related data by persons other than the
users, without the consent of the users concerned, unless the law provides
otherwise. ^ 36) this does not prevent technical storage which is necessary for the
the transfer of messages, without prejudice to the principle of confidentiality.
(2) the message means any information exchanged or
transfers between the final number of participants or users through the
publicly available electronic communications services, with the exception of information
transmitted as part of the public radio or television broadcast
electronic communications networks, if you cannot assign it to určitelnému
Subscriber or user who receives this information.
(3) any person who intends to use or uses the network electronic
communications to store information or to gain access to the data stored
in the terminal equipment of the participants or users, you must
participants or the user demonstrably inform in advance about the extent and
the purpose of the processing and is obliged to offer them the possibility of such
processing refuse. This obligation does not apply to the technical storage
or access for the sole needs of message transfer over the network
electronic communications, or if it is necessary for the purposes of
the provision of an information society service, that is explicitly requested
the participant, or by the user.
(4) an entrepreneur providing a public communications network or provides
publicly available electronic communications service shall, at the request of the
participant free of charge and in a form which permits more electronic processing
the data provide the traffic and location data that is available on the
the basis of this Act, if a participant is unable to due to a fault on its
the device as a result of cyber security incident ^ 62)
capture or save. Information entrepreneur, passes if it is technically possible,
without delay, but not later than within 3 days from the date of receipt of the request, or in
the case of the ongoing communication from the date of delivery.
§ 90
Operating data
(1) traffic data means any data processed for the needs of
the message is transmitted an electronic communications network or for the billing.
(2) an entrepreneur providing a public communications network or provides
publicly available electronic communications service, which processes and
operational data stores, including the relevant location data,
relating to the user or participant, you must delete or make
anonymous when no longer needed for the transmission of messages, with the exception of
the cases referred to in the provisions of paragraphs 3 to 6. The obligation of a legal
or natural person providing a public communications network or
providing publicly available electronic communications service
retain traffic and location data in accordance with § 97 remains intact.
(3) an entrepreneur providing a public communications network or provides
publicly available electronic communications service shall keep
operational data services provided to the participant or to the user until the
resolution of the dispute pursuant to § 129 para. 3 or by the end of the period during which it can
be Bill prices or the provision of electronic communications services
legally challenged or payment of enforced.
(4) an entrepreneur providing a public communications network or provides
publicly available electronic communications service may process
traffic data necessary for billing rates for the service provided by the
Subscriber or user for access only to the end of the period during which the
remuneration can be enforced.
(5) the Entrepreneurs providing a public communications network or provides
publicly available electronic communications service may mutually
pass data related to the provision of services, and that information about
participating in conjunction, to ensure interconnection and access to the network
the mutual billing and to identify the network and service abuse
electronic communications. Abuse of the network and services of electronic
communications means repeated delays in payment of the price according to § 64,
or making a mischievous or harassing calls.
(6) an entrepreneur providing publicly available electronic service
communications may for the purpose of marketing electronic communications services
or for the provision of value added services to handle the details
referred to in paragraph 1 only to the extent and in the duration necessary for such
services or marketing, if the Subscriber has given consent in advance, or
the user to which the data relate. Subscriber or user may
consent to the processing of traffic data at any time.
(7) value added service means any service, for which it is
the necessary processing of traffic data or location data other
before operating, above and beyond what is necessary for the transmission of messages or
her posting.
(8) an entrepreneur providing publicly available electronic service
communications is required to inform the Subscriber or user concerned about
traffic data which are processed and of the duration of the may
These data are processed for the purposes referred to in paragraphs 3 to 5.
For the purposes referred to in paragraph 6, the entrepreneur shall inform the
the Subscriber or user to whom the data relate, even before
by obtaining its consent.
(9) an entrepreneur providing a public communications network and businessman
providing publicly available electronic communications service is
shall ensure that the processing of traffic data in accordance with paragraphs 2 to 6
It was limited to
and) persons who are authorized to do so and that provide accounting or management
traffic, customer enquiries, fraud detection, marketing services
electronic communications services, or that provide services with the added
value, and
(b)) range, which is necessary for the purposes of the activities referred to in point (a)
and).
§ 91
Location data
(1) location data "means any data processed in the network
electronic communications networks or electronic communications services
geographic position of the terminal equipment of a user of a telecommunication
publicly available electronic communications service.
(2) If an entrepreneur providing a public communications network or
providing publicly available electronic communications service
processing of location data other than traffic that apply
to the user, or participant, the following information must be made anonymous or
obtain the consent of a user or subscriber to the processing to the extent and
the duration necessary for the provision of value added services. Before
obtaining consent is required to inform the user or
participant of the type of location data other than traffic that
will be processed, the purpose and duration of the processing and whether the data will be
disclosed to a third party for the purpose of providing the value added service.
The user and the participant may at any time revoke your consent to the processing.
(3) if the user Gave or participant consent the processing of location
data other than operational, a businessman to ensure public
communications network or publicly available service
electronic communications shall be obliged to allow him to temporarily refuse
processing of the data referred to in paragraph 2 for each connection to the network or for
each message transfer, free of charge and using simple
resources.
(4) an entrepreneur providing a public communications network, entrepreneur
providing publicly available electronic communications service and the
Entrepreneur providing value-added services is required to ensure
the information referred to in paragraphs 2 and 3 handled only by those persons that are
it authorised by them and under their internal technical-organizational
Regulation within the meaning of § 88 para. 1 (b). (b)); processing must be restricted
to the extent that is necessary for the purposes of such activities.
§ 92
View local numbers
(1) an entrepreneur providing a publicly available telephone service
obliged, if offered the option to view local numbers
and participant) of the calling subscriber the option to offer the calling
free of charge to prevent its participation numbers for each
individual calls, using simple means. The caller
the participant must have this option for each subscriber number,
(b)), the calling subscriber's offer the called Subscriber the option to avoid
view local calling subscriber's number of incoming calls
using simple means and, in justified cases,
they are in particular workplace to address personal emergencies,
for example, the helpline is free to use this feature,
(c)) and the calling subscriber's view, this heading is shown before the
by constructing the calls offer the called Subscriber the possibility to refuse
incoming calls where the caller party prevented the display of its
local numbers, and using simple means,
(d) telephone subscriber offer) of the called Subscriber the possibility to avoid
view your local number to the calling party and under the
using simple means and free of charge.
(2) the provisions of paragraph 1 (b). and the same applies to the call) of the Member States
The European Union, pointing to the third States. The provisions of paragraph 1 (b).
b), c) and (d)) is true for incoming calls from third States.
(3) if the telephone numbers of the local view is offered or
the caller is an entrepreneur providing a publicly available service
electronic communications shall be obliged to inform the public about the options
referred to in paragraph 1.
(4) an entrepreneur providing public telephone network or providing
publicly available telephone service is entitled to cancel to avoid
view local numbers of the calling subscriber
and temporarily, on request) of the Subscriber that requires tracing
mischievous or harassing calls; in this case, is required to
to preserve and make available to the participant concerned the data containing
caller ID Subscriber and
(b)) to handle location data when transferring the call to each number
the emergency of the competent departments to receive these calls,
Despite a temporary ban or absence of consent of the participant concerned.
(5) an entrepreneur providing public telephone network or providing
publicly available telephone service shall publish a notice in their premises, and
manner allowing remote access procedures binding for implementation
both possibilities referred to in paragraph 4 and shall inform its participants.
§ 93
Abuse e-mail address of the sender
Use the e-mail address to send the message or messages to third
persons without the consent of the holder of the e-mail address is
disabled.
§ 94
Call forwarding
(1) an entrepreneur providing public telephone network or providing
publicly available telephone service is obliged to ensure that every
the participant had the opportunity to prevent the automatic redirection free of charge
a call to a third party to a user's terminal equipment, through
simple resources.
(2) in the event that, in the provision of publicly available services
electronic communications or automatically hidden
redirect to another service, the service of another entrepreneur or to
the Assembly of the new connection, and thereby to increase the prices charged at the same time, it is
the person providing publicly available electronic communications service shall
increased price shall communicate this fact to the user free of charge, and
allow him to break the link before it will redirect or
the Assembly of the new connection. In the case where the
redirect or the Assembly of the new connection, and thus at the same time to increase the
the prices charged, without notifying the person providing publicly
available electronic communications service with increased price, decides
The authority to interrupt the provision of such services.
Lists of participants
§ 95
(1) any person who collects personal information of the participants to the issue list
the participants, whose purpose is to search for detailed contact about the person on the
the basis of her name, or where applicable, the necessary minimum amount
other identity elements, is obliged to
and) inform free of charge and before they are included in the data of the participants concerned
the list of the participants about the purpose of a printed or electronic list
the participants, which will be available to the public either directly or through
information services queries, and for further usage possibilities based
on the search features in electronic versions of the list,
(b)) to obtain the prior approval of the participants with the publication of their personal data
pursuant to § 41 para. 5 and to ensure that participants had the opportunity to provide
which personal data from a range of relevant for the purposes of the list laid down in
by the Publisher to be included in the public list; further, it is obliged to
to ensure that participants had the opportunity to verify this information and to request their
repair and remove them. At the same time is required to ensure that subscribers
or users can for their personal data to state that they do not wish to be
contacted for the purpose of marketing. The omission in the public list
participants, verification, correct and delete your personal information from the list and
the indications that the Subscriber or user does not wish to be contacted for
the purpose of marketing, it is free.
(2) if the purpose of the public list other than searching for detailed
contact about a person on the basis of her name, or where applicable, the necessary
the minimum amount of additional identification elements, is anyone who
It intends to issue a list of participants, shall be obliged to request from the concerned
participants further agree.
§ 96
(1) it is prohibited to via electronic networks or services
communications to offer marketing advertising or other similar method
supply of goods or services or the users who in the public
list referred to in § 95 para. 1 (b). (b)) or § 95 para. 2 stated that they
do not wish to be contacted for marketing purposes.
(2) it is prohibited to use the network or electronic communications service for
the purposes of direct marketing by means of automated calling systems
without human participation (automatic calling equipment), faksimilních equipment
or electronic mail, if the Subscriber or user concerned
consent in advance.
(3) an entrepreneur who provides the service queries for subscriber numbers or
other similar information, may provide information to the Subscriber that the public
the list does not.
(4) the provisions of § 95 and 96 shall apply mutatis mutandis to the particulars of the participants,
who are legal persons.
(5) the provider of a publicly available electronic communications services,
whose business interests are harmed to violations of obligations under the
paragraphs 1 to 4 shall be entitled to seek judicial protection on behalf of its
the participants, whose rights have been damaged by this Act. This is not a
without prejudice to the Subscriber's permission to pursue their claims in the Court itself.
Interception and recording of the messages
§ 97
(1) legal or natural person providing a public communications network
or providing publicly available electronic communications service is
the cost of the applicant shall be required to establish and secure at specified points
network interface for connecting the telecommunications device for the
interception and recording of the messages
the police of the Czech Republic) and for the purposes set out specific legal
Regulation ^ 36),
b) safety information services for the purpose laid down specific legal
Regulation ^ 37),
c) Military Intelligence for the purposes set out specific legal
^ Regulation 37a).
(2) the institutions referred to in paragraph 1 shall demonstrate their permission to wiretap and
record messages by passing a written request that contains the number of the rules of procedure,
under which the decision of the Court to this authority, and that is
signed by the person responsible for the authority referred to in paragraph 1 for the
carrying out the interception and recording of the messages. In the case of interception and recording
reports by the police of the Czech Republic under special legislation) ^ 36
in the written request shows the reference number under which the consent of the user
Police station phone tapped or something the United States is maintained.
(3) a legal or natural person providing a public communications network
or providing publicly available electronic communications service is
required to be kept for 6 months of traffic and location data that
are produced or processed in the provision of its public
communication networks and in the poskytovávání of its publicly available services
electronic communications ^ 37b). Traffic and location data on
the failed attempts to call is a legal or natural person
providing a public communications network or publicly available
electronic communications service shall keep only if they are
These data created or processed and stored or
recorded. At the same time, this legal or natural person shall be required to
ensure that in the performance of the obligations under the first sentence and the second was not
kept the contents of the reports and thus retained further relayed. Legal or
an individual who, traffic and location data stores, it is the
the request shall, without delay, provide the
and) law enforcement authorities for the purposes of and subject to the conditions
stipulated by special legislation ^ 59),
(b)) for the purposes of the police of the Czech Republic launched a search for a specific
search or missing person, establishing the identity of persons unknown
the identity or the identity of the corpses found, preventing or
detection of specific threats in the area of terrorism, or scan
of the protected person and subject to conditions laid down by specific legal
Regulation ^ 60),
c) safety information services for the purposes of and subject to the conditions
stipulated by special legislation ^ 37),
(d)) for the purposes of Military Intelligence and in compliance with the conditions
stipulated by special legislation ^ 37a)
(e)), the Czech National Bank for the purposes of and subject to the conditions laid down
special legislation ^ 61).
After expiry of the period referred to in the first sentence is a legal or natural person,
that traffic and location data stores required to dispose of them,
If you have not been provided to the authorities entitled to their use by
a special legal regulation, or if otherwise provided for by this law (§
90).
(4) the operational and localisation data referred to in paragraph 3 shall, in particular,
information leading to trace and identify the source and addressee of communication and
further information to identify the date, time, manner and duration of
communication. The range of traffic and location data stored in accordance with
paragraph 3, the form and manner of their transmission to the authorities entitled to
use of under a special legal regulation and the manner of their disposal
down detailed legislation.
(5) a legal or natural person providing publicly available
phone service is required to provide on request, information from the database
all its participants publicly available telephone service authority
authorized to request them under special legislation,
at his expense. The form and scope of information, the
the implementing legislation.
(6) if the legal or natural person providing a public
communications network or publicly available service
electronic communications when encoding, compression,
encryption or other means of transmission, leading to a lack of
of transmitted messages, is required to ensure that the endpoints for
connect the device referred to in paragraph 1 and with the required message
related traffic and location data provided in a meaningful
way.
(7) the obligations referred to in paragraphs 1, 3 and 5 belong to the legal entity or
a natural person by the authorized body of the act requested, or
He ordered the payment to efficiently incurred costs. The amount and method of payment
efficiently incurred costs, lays down implementing legislation.
(8) the person referred to in paragraph 1 and its employees are required to
maintain confidentiality about demand-or made the interception and
record messages referred to in paragraphs 1 and 2 and the request and provision of data according to the
paragraphs 3 and 5, and the relevant facts.
(9) the technical and operational conditions and points for connecting the
telecommunications devices for the interception or recording of messages provides
the implementing legislation.
(10) the legal or natural person providing a public communications network
or providing publicly available electronic communications service is
required to keep records
and) the number of cases in which, on the basis of the applications provided by operational and
location data to the authorities entitled to their request,
(b)) the time that has elapsed in each case from the date when launched
the retention of traffic and location data and the date of the
the competent authority has requested, and
(c)) the number of cases which could not requests for operational and
of location data can be met.
(11) the legal or natural person providing a public communications network
or providing publicly available electronic communications service is
required to transmit to the Office of the register referred to in paragraph 10 of the summary for
the previous calendar year, in electronic format, not later than 31 December 2006.
January 1 of the following calendar year. The evidence must not be transmitted to the
contain personal and identifying information. The Office received summary records
shall forthwith inform the Commission thereof.
(12) the form of evidence to be passed under paragraph 11 and the way it
transfer of the Office shall determine the implementing legislation.
Part 2
Security and integrity of public communications networks and services
electronic communications
§ 98
Security and integrity of public communications networks and services
electronic communications
(1) an entrepreneur providing a public communications network or provides
publicly available electronic communications service shall
to ensure the safety and integrity of your network and security services
provides. For this purpose, is an entrepreneur in particular must take
technical-organizational rules created in accordance with network plans
in accordance with paragraph 2. With regard to the technical capabilities of such rules shall ensure
a level of security appropriate to the risk presented with
in order to prevent or minimize the impact of the events on the user and on the
the interconnected network. Security of networks and services with the means of their
the ability to withstand accidental incidents or unauthorized or malicious
actions that seriously compromise the availability or the interoperability of services
and integrity of the networks.
(2) to ensure the integrity of public communications networks, the Office publishes
the network plans (section 62), defining the basic properties of these networks
and their interfaces, which are necessary for interconnection
of public communications networks, for access to them, for connecting
non-public communications networks and ensure the continuity of supply of services,
that are provided through the public communications services.
(3) an entrepreneur providing a public communications network or provides
publicly available electronic communications service may, in cases
When there is a risk or a serious breach of security and the integrity of its
Network on the grounds of damage or destruction of electronic communication
equipment, in particular the influence of large operational accidents or natural
disasters, suspend the provision of the service, or deny access to the service.
Interruption or denial must be limited to only the time strictly necessary,
and if it is technically possible, it must be retained access to the numbers
an emergency call.
(4) a serious breach of security and the loss of network integrity, scope and
the grounds for interruption of service, or deny access to it,
the measures taken and of the estimated term of the removal of the causes of
pursuant to paragraph 3 is an entrepreneur providing a public communications network
or providing publicly available electronic communications service
obliged to notify the authority bodies engaged in the workplace
to receive an emergency call and in an appropriate way and the user. The scope and
the form of the transfer of information, the authority shall lay down the implementing legislation.
The authority may, in the event that disclosure of such information is in the public
interest, to inform the public in an appropriate manner.
(5) the authority shall submit annually to the Commission and the European Agency for safety
network and information security (ENISA) a summary report for the previous calendar year,
that informs the notifications and the measures taken in accordance with paragraphs 3 and
4, to the extent and format set out by the Commission.
(6) the entrepreneurs providing a public communications network or
providing publicly available electronic communications service may
The Authority an obligation to perform a security audit. This audit shall be
carried out by a qualified independent body and at the expense of the entrepreneur.
Entrepreneur providing a public communications network or provides
publicly available electronic communications service is also required to the
request the Office to submit to it the information needed to assess the safety and
the integrity of the network and security services, security audit and its
the results.
§ 99
Security, integrity and the provision of services under the conditions of crisis
(1) an entrepreneur providing a public communications network or provides
publicly available electronic communications service is in crisis
the State shall, according to their technical-organizational rules to secure
the safety and the integrity of its network and the interoperability provided by the
services. The formalities referred to the technical-organizational rules shall lay down the
Office of the implementing regulation.
(2) the Trader referred to in paragraph 1 shall be obliged to submit to the Office on its
request documents specifying the technical-organizational rules
paragraph 1, and to enable the authority to check compliance with these rules. The Office of the
is entitled to when it detects a violation of these documents with the legislation
to convey to the concerned entrepreneurs this fact and provide a reasonable
the time limit to remedy deficiencies.
(3) an entrepreneur providing a public communications network or provides
publicly available telephone service is authorized when a risk of
crisis situations and in a State of crisis ^ 39) at the request of the Ministry of the Interior
provide priority connection to a public communications network and access to
publicly available telephone service for crisis communication by participants
special legal regulation ^ 38). For this purpose, to the extent strictly
necessary, shall be entitled to limit or suspend the provision of a publicly available
phone service. On the restriction or interruption of the provision of publicly available
telephone service, including its range, it is obliged to immediately
inform the Office. This restriction may take only after the necessary period
and must be preserved access to emergency numbers.
(4) the Trader referred to in paragraph 1 is in a State of crisis, be required to
inform the Office about threats or breaches of security and
the integrity of its network and the safety of services, including adopted or
the proposed remedial measures and the expected deletion date
the causes.
Part 3
Protection of electronic communications
§ 100
Obligations of operators
(1) operators of machines, apparatus and devices ("device"),
the operation of high-frequency energy is produced, are required to
to ensure that the high-frequency energy these devices do not cause
interference of electronic communication devices and networks, where appropriate,
interference to provide electronic communications services or the operation of
radio service, unless the specific legislation provides otherwise.
(2) Interference of traffic means electromagnetic interference that degrades,
obstructs or repeatedly interrupts the operation of the electronic communications
the device, an electronic communications network, or the provision of services
electronic communications or the operation of the radio service.
(3) if the interference of electronic communication device
or network, the provision of electronic communications services or
the operation of radio service, is the operator of a
the cancellation operation shall be obliged to take appropriate protective measures. Does nothing if
the operator of a disruptive device protective measures itself, it shall make the
the receiving operator of an electronic communication device or network
at the expense of the operator from any interfering devices.
(4) if the interference Was non-compliance with the conditions laid down for
operation of the device bears the cost of protective measures, the operator of this
the device, otherwise the costs to the operator of a later referred to
service or changed. If the device does not respond to the requirements of the lines
resistance, ^ 40) bears the cost of protective measures, the operator of this
device. Otherwise, such costs shall be borne by the operator of a device later
set up or changed.
(5) if there is interference to radio or television reception,
that is operated on a given territory by a broadcaster or
the operator removed the broadcast under a special legal
prescription, ^ 11) operation of the amateur radio services, Office of
entitled to save the holder permission to the use of radio frequencies for
This amateur radio service conditions to eliminate the interference. In
If the interference arises only the lack of resistance
receiving equipment, the Office shall inform the receiving operator recruitment
the device of possible conditions leading to the removal of the interference.
(6) the authority finds the source of interference operation of electronic communication
devices and networks, the provision of electronic communications services or
the operation of radio service. In case of detection of sources of interference
Similarly, the Office under section 114. In justified cases, the authority shall issue
interim measures for the immediate shutdown of sources of interference, without prior
challenges.
(7) in the event that the operator of a disruptive operation does not delete the
the source of the interference of the operation within the time limit laid down in the invitation to him by the Office or in the
interim measures, the Office shall decide on the removal of sources of interference. The Office of the
can perform the removal of sources of interference or other appropriate measures itself,
If the operator is not disruptive device is unknown or is demonstrably
unreachable or is idle. The cost to remove the source of interference carries
its operator; If not known, to be borne by the authority.
(8) the authority preferably electronic interference checks
communication devices and networks of the Ministry of Defense and armed forces
The United States, the Ministry of the Interior, the security information service,
Police of the Czech Republic, the General Inspectorate of security forces,
The fire brigade of the United States, providers
emergency medical services, the customs administration of the Czech Republic and prison
the service and of the judicial guard of the Czech Republic.
(9) for the interference of electronic communication devices and networks
the provision of electronic communications services or the operation of
radio service and interference caused by
electromagnetic shielding or reflections of electromagnetic waves
structures or activities related to the implementation of the construction. This does not apply in
If the work or activity related to the implementation of the construction was
launched before the operation of an electronic communication device or
the network. The change of the construction or operation of an electronic communication device
or network with the appropriate section deemed to be new construction or new
commencement of operation of an electronic communication device or network.
The operator of electronic communication devices and networks, entrepreneur
providing electronic communications service or operator
radio service, the operation is interrupted, it is obliged to invite the
the owner or the Builder of the building concerned to conclude an agreement on the appropriate
measures to eliminate this interference. In the absence of agreement, shall decide on the
How to correct the interference at the request of one of the parties and after consultation with the
The Office of the competent Building Authority under special legislation. ^ 41)
If this decision is not due to the nature of the case within the scope of the relevant
the Building Authority, decide on how to correct the interference by the Office. The cost of the
removal of interference structures shall be borne by the owner of the building concerned, the cost of
removal of interference activities related to the implementation of the building bears the
the project supervisor.
(10) the amount of disputes effectively and efficiently incurred costs on trade
measures to eliminate the interference from the Court.
(11) the authority shall in the exercise of decision to remove sources of interference
pursuant to paragraph 7 as much as possible to save the rights owners concerned
real estate.
(12) persons entrusted with the Authority to enforce the decision of the removal of the source
interference under paragraph 7, for the purpose of this decision,
to the extent necessary, be authorized to enter or enter on foreign
real estate, on which there are sources of interference located.
§ 101
Intercourse communication management of a public communications network with the surroundings
(1) the Main buildings, water works or installations which
implementation that is associated with earthwork shall be required, in the proceedings
According to building law to substantiate a request for the release of the decision
an expression of the public communications network operator of the existence of
the above-ground or underground lines of communication networks in the construction site from the
those entrepreneurs providing public communications networks to communicate
the construction authority. The Building Authority shall lay down the conditions in the decision to protect
management of communications networks.
(2) the persons who will carry out the works referred to in paragraph 1, are
obliged to take precautions to prevent damage to leadership communication
the network. This also applies to the implementation of deep tillage on agricultural land,
earthworks and landscaping.
(3) the communication leadership public communications networks can cross
energy, water, sewage and other executives, a storehouse of natural
waters, the territory protected by special legal regulations, railways, land
communication, water, and other works and their protection or is there
otherwise, the touch, and this way proportionate to the protection of the environment
so that the least possible without prejudice to the interests of the participating owners.
The provisions of the special legal regulation does not prejudice the. ^ 42)
(4) the Communication of a public communications network management can be kříženo or
otherwise affect the energy, by distribution, sewer and other
lines, track or roads, and this in a way that
does not cause interference to the operation of electronic communication devices and networks
or the provision of electronic communications services.
(5) the provisions of paragraphs 3 and 4 shall apply to the cumulation of communication line
public communications networks with those lines and their protective zones
by analogy.
Part 4
Protective zone
§ 102
The protection zone communication line
(1) the protection of underground communication line begins on the day of acquisition
the decision issued under special legislation. ^ 43)
(2) a protection zone of underground communication lines shall be 1.5 m
sides of the extreme leadership.
(3) in the protection zone of the underground communication line is disabled
and) without the consent of its owner or the decision of the Building Authority
carry out earthworks or landscaping,
b) without the consent of its owner or the decision of the Building Authority
provision of a building or place construction or other similar device,
(c)), without the consent of its owner to withdraw permanent stands.
(4) activities in the protection zone of the underground communications lines that
are preventing or significantly helped prevent access to this leadership
or which could endanger the safety and reliability of its operation, it is
can exercise only after the prior consent of the owner of the line.
(5) the protection zone of overhead communication line begins on the day of acquisition
the decision, issued by a special legal
prescription ^ ^ 43), 44). The parameters of this protection, the scope of restrictions and
conditions of protection on a proposal from the owner of this leadership, the competent
construction Office in this decision. Rights must be investigated
owners of real estate situated in the protection zone of overhead
communication line.
§ 103
A protection zone of radio equipment and radio directional coupling
(1) the protection zone of the radio equipment and radio directional coupling
created the day of legal force of the decision given by the Special
legislation. ^ 44) the parameters of these protection zones, range
restrictions and conditions of protection on a proposal from the owner of such a device and
communications the competent Building Authority in this decision. It must be
examined the rights of the owners of real estate situated in the protection zone
radio equipment and radio directional coupling.
(2) in proceedings for the protection of overhead communication line,
radio equipment and radio directional coupling is the authority concerned
administrative authority.
Part 5
The use of foreign real estate
§ 104
(1) an entrepreneur providing a public communications network which, under 8
paragraph. 2 announced business, is entitled to in accordance with the terms of
laid down in the decision issued pursuant to special legal regulation ^ 43)
and subject to the conditions set out below to set up and operate on the foreign
land, or
and the above-ground or underground) communication management of a public communications network
including their support points overhead or vytyčovacích points
the underground communications lines, telephone booths and trailers communication
management of a public communications network, traverse the lands of wires and
to establish in them the leadership of public communications networks, as well as related
electrical connections,
b) antenna mast antennas of radio equipment, including public communications
network related electronic communication device of the public communications
network and related electrical connections,
c) antenna mast radio antenna direction, including public
communications networks, electronic communications equipment, related public
communication network and related electrical connections.
(2) an entrepreneur providing a public communications network, which according to § 8
paragraph. 2 announced business, is entitled to for completion set out below
conditions to establish and operate on the foreign construction site, or
and internal communication leadership) public communications network including trailing
points of a public communication network distributors, and related public
telephones and towable communication leadership public communications
the network, as well as the related electrical connections,
b) antenna mast or antenna carrier including the antennas of radio equipment
public communications networks and communication systems, leadership,
related electronic communication device to a public communications network
the connection to the internal electrical wiring and related electrical
connections,
c) antenna mast or antenna carrier including radio antennas directional
public communications networks and communication systems
management, electronic communications equipment, related public
communication network, the connection to the internal electrical wiring and related
electrical connections.
(3) in order to ensure the exercise of the permission referred to in paragraphs 1 and 2 (a).
(b)), and (c)) shall conclude an entrepreneur providing a public communications network with
the owner of the immovable property concerned a written contract about a future
easement to the property concerned for a
replacement, and after their construction and the focus position of the leadership of the Treaty
easement to the affected parts of the property. On a proposal from
Entrepreneur providing a public communications network is meant to ensure the
the performance of the permission referred to in paragraphs 1 (b). (b)), and (c)) and 2 (b). (b)), and
(c) the owner of the property in question) to close and another written agreement. To
permission performance referred to in paragraph 2 (a). and) would be adequate to the location of the
internal communication management and communication devices written consent
the owner of the property.
(4) unless the owner of the property in question to conclude a written
the Treaty on the future of the easement referred to in paragraph 3
or where the entrepreneur providing a public communications network, that
the owner of the property in question is not known or is not identified or because the
is shown to be unreachable or idle or if ownership of the
real estate owner in disputed, or provided it is restricted, shall decide on the
the design entrepreneur providing a public communications network for the establishment
easement expropriation authority according to a special legal
prescription ^ 44a). Entrepreneur providing a public communications network can
to perform the permission referred to in the decision of the national authority for
restrictions on ownership of the property in question from the date of enforcement
This decision.
(5) Restriction of property rights must not be carried out on a larger scale,
than it is to achieve the purposes referred to in paragraphs 1 and 2 as necessary.
(6) an entrepreneur providing a public communications network is also based on
demonstrable owner notification, where appropriate, the administrator or user
the property concerned is entitled to
and to the extent necessary to enter) or enter on foreign real estate
the context of the activities referred to in paragraphs 1 and 2 and in the preparation of
project documentation, repair and maintenance of communications lines and
electronic communication devices located on the foreign
real estate,
(b)) to the extent necessary oklesťovat trees cut down and threatening the safe and
reliable operation of communication management and electronic communications
the device, in accordance with the conditions laid down by specific legal
^ 42) provision.
Demonstrable notification means the notification to the data and the purpose of the entry, or
the entrance to the property or cutting down or even contemplate Woods
growing on the property, including the reporting of activities which in this
the context will be carried out on the property. Notification shall be made
having a good time.
(7) an entrepreneur providing a public communications network is obliged to
the exercise of permissions under paragraphs 1, 2, 6 and 13 to save as much as possible the rights
owners of the affected properties. After the end of the work is obliged to State
property to its previous state, and if that is not possible with regard to the
the nature of work performed, to the State of the corresponding previous purpose
or use of the property and immediately shown to be announce
This fact is the owner or the administrator or user concerned
real estate. After cutting down or curtailing tree species shall, at its
cargo disposal resulting from slash and debris after extraction,
unless the owner of the real estate in question otherwise.
(8) the Permission referred to in paragraphs 1 and 2 do not replace the obligations
Entrepreneur providing a public communications network under a special
legislation. ^ 41)
(9) the 2nd communication leadership means a wire, cable, or
Wireless management, including the related electronic communication
the device, built above the ground, outside or inside buildings. Support points
overhead communication line construction are carrying or
supporting wires or cables or related electronic communication
device of this line (column, střešník, zední, console the antenna mast,
antenna carrier).
(10) the network of electronic communications (including poles, overhead and
underground communication lines and their backing and vytyčovacích points)
It is not part of the land within the meaning of other legislation ^ 64) and is
the meaning of other legislation ^ 64) considered the engineering network.
(11) the Permission of liens arising under this Act, or pursuant to
the previous legislation shall pass to the legal successor of entrepreneurs,
providing a public communications network, the owners or the transferee of the
management, or their parts, if these are also entrepreneurs, ensuring
public communications network.
(12) an underground communication leadership means the cable executives, including
cable and device files stored under the surface of the Earth and cable
cabinets located above ground level. Cable and device files
they are in particular couplings, cable accessories, intermediate amplifiers, repeaters,
device to protect the cable from corrosion, surge,
pressure protection cable, cable protection tubes. Vytyčovacími points
underground communication lines are cable shunting indicators, bollards or
posts position files and devices, cable junction
cables with roads, railway, rivers, positional changes of the route
the cable in the municipalities or in open terrain.
(13) in the event of a failure or interruption of communication lines or
electronic communication device is an entrepreneur licensed pursuant to
paragraphs 1 and 2 shall be entitled to in order to remove faults or interruption
the operation to enter the real estate on which the management or electronic
Please contact us for communication device, without the consent of the owner, or
the administrator or the user referred to in paragraph 6, it was not a nor with
reasonable efforts can be the owner or the administrator or user
the real estate entry concerned sufficiently in advance to notify and such
consent obtained. In this case, the entrepreneur is obliged to
without delay, notify the owner or the administrator or user concerned
real estate execution, their place to ensure
then putting real estate to the previous question, or
the proper state.
(2) if the owner, a professional between real estate and ensuring
public communications network to the dispute about the scope of the permission referred to in
paragraphs 1, 2 and 6, shall, on application of one of the parties to the dispute, the competent
the Building Authority, in cooperation with the Office.
(15) the legal relationship of responsibility for damage caused by an entrepreneur
providing a public communications network with respect to the limitations
of ownership of the property owner for the purposes referred to in paragraphs
1, 2 and 6 are governed by the civil code.
(16) the owner of a House, apartment or commercial space is required to allow
the user of this House, dwelling or non-residential premises
and) to receive radio and television broadcasts of broadcasters
under special legislation ^ 11) on the condition that in the receive location
the signal is reasonable quality,
(b) internal communication line) the establishment of a public communications network
including the switchboards and network endpoint.
If the damage to the building, is the one who caused the damage, shall
replace; This responsibility cannot be exempt. If there is between
the owner of the House, apartment or commercial space and the user of this
House, apartment or commercial space to the dispute about the scope of these
obligations, shall, on application of one of the parties to the dispute, the competent construction
the Office, in cooperation with the Office.
(17) the Builder, who raised the transhipment of overhead or underground
management of public communications networks, electronic communications, shall bear the costs
the necessary adjustments to the relevant section of the leadership of the electronic communications network,
at the level of the existing technical solutions. Costs related to the
modernization or by increasing the transmission capacity of overhead or underground
keeping electronic communications networks shall be borne by the owner of this leadership.
TITLE VI OF THE
State administration in the field of electronic communications
Part 1
The administrative authorities in the field of electronic communications
§ 105
The Scope Of The Ministry Of
(1) the Ministry of
and the Government proposal) submit to the State policy for electronic communications and
monitors its implementation,
(b) submit to the Government proposals for the main) the principles of State policy in the
electronic communications,
(c)) for international relations in the field of electronic communications
at the level of Governments, governmental and non-governmental organisations, with the exception of relationships,
the Government entrusts the Office of assurance,
d) secures in matters of electronic communications commitments
arising from international treaties by which the Czech Republic is bound by the
and that are promulgated in the collection of laws or international Collection
contracts or obligations arising from membership of the Czech Republic in
international organizations, with the exception of those liabilities filled the Office in
the cases laid down by the Government,
(e) the State statistical service) performs the ^ 45)
f) cooperates with the competent ministries of the Member States in the field of
electronic communications,
g) regulatory authorities notified to the Commission in the electronic communications
and other requested information,
h) within its scope shall be represented in the bodies of the Czech Republic
Of the European Union.
(2) in the exercise of its activity, the Ministry is also based on the respective
decisions, recommendations, guidelines and opinions issued by the institutions of the European
of the Union and of the main principles of State policy in electronic communications.
If the decision is not in accordance with the Commission's recommendation, the Ministry,
which harmonises the application of European Union law governing the
the area of electronic communications, without delay, inform the Commission
together with the reasons for such a procedure.
Section 106
The provision of information to the Ministry of
(1) the authority shall, at the request of the Ministry of all the information that are
for the Ministry necessary to carry out the activities for which is laid down in this
the law Ministry.
(2) if the information referred to in paragraph 1, the authority shall provide available is
The Ministry, on request and in a reasonable time, it set out the form and
the range of a person carrying on business under this Act. Part of the
the application of the Ministry's justification for including an indication of the purpose for which
The Ministry of information, data and documents it requires. The Ministry of
does not require more information than is proportionate to the purpose for which they are
obtained.
(3) a person carrying on business under this Act passes in accordance with paragraph
2 the Ministry of information, data and documents that contain personal
details, facts that are the subject of a trade secret or
the fact that they are subject to a special legal
prescription.
(4) the information, data and information submitted pursuant to paragraphs 1 to 3
The Ministry required to protect against unauthorised use.
§ 107
Organization Of The Office
(1) the authority shall have a Council Office (hereinafter referred to as "the Council"). One of the members
The Council is the President of the Council. The President controls the activities of the Council, in its
the absence of controls the activities of authorized member of the Council. President Of The Council
acting on behalf of the authority and is located at its head. President of the Council shall be deemed to
Business Authority and is entitled to give orders to employees of State
the performance of the civil service under the Civil Service Act. In the specified
cases the Council shall act.
(2) the members of the Council and its President appoints and dismisses the Government on a proposal from
Minister of industry and trade. The term of Office of members of the Council is 5 years. Each
the year is appointed a member of the Council. On the function of President of the Council is a member of the Council
appointed for the period remaining until the end of its membership in the Council, but not more than
for a period of 3 years.
(3) a member of the Council may be appointed as a citizen of the Czech Republic, which
and) is a fully competent to perform legal acts,
(b)) is blameless; for integrity is not a citizen, that was
convicted for an intentional criminal offence, if his conviction for
the offences were not zahlazeno to him or for any other reason considered
as if he has been convicted; not be considered further for the integrity of the citizen,
does not meet the conditions laid down by specific legislation, ^ 46)
(c)) has experience in range of at least 5 years in the field of electronic
communications, economics or law,
(d)) has completed university studies in the master's degree program.
(4) with that of Member of the Council is incompatible functions of a Deputy or Senator,
the judge, the Prosecutor, any functions in the public administration, functions
a member of the local and regional authorities and institutions function in a political party or
the political movement.
(5) a member of Council ceases
and the date of expiry of term of Office)
(b)),
c) relinquishing the functions
d) acquisition function is incompatible with that of Member of the Council,
(e)) the acquisition of the judgment of the Court of restrictions to
legal capacity or of committing an intentional criminal offence, or
(f)) the death or declaration of death.
(6) a member of the Council, the Government may appeal, in the case of gross or repeated
less serious breach of its obligations, illness permanently hinder
the execution of his duties or if he does not pursue its function for more than
6 months. The Government on the proposal of the Minister of industry and trade shall immediately
appoint a new Member of the Council for the remainder of the period of revocation
Member.
(7) the President of the Council at the time of the demise of his lapse member function
The Council referred to in paragraphs 5 and 6. The decision on the removal from Office of a member, including the
the preamble shall be delivered to the President of the Council of odvolanému and at the same time it shall publish
on the day of the demise of the function. The Government on the proposal of the Minister of industry and trade
without delay, appoint a new President of the Council for the remainder of
the period of revocation.
(8) the Council shall be decided by voting. Each Council Member has one vote.
A Council decision is taken, if voted for him, at least 3 of its
members. The voting results Protocol, which shall be signed by all
the present members of the Board and the person who was responsible for drafting the Protocol;
during the inspection of the files is out of the question of access to this Protocol.
(9) the Council
and) approved
1. the status of the Office,
2. the plan of action of the Office
3. the draft budget of the authority and final account of the Office,
4. the rules of procedure of the Council, records retention, and signing of the order of the authority,
5. report on the activities of the Office,
6. the draft implementing legislation,
(b)) shall decide on the
1. Appeals against decisions issued by the President of the Council,
2. measures of a general nature,
3. decisions on the price
4. the designation of universal service provider (§ 39) and
5. determination of the undertaking with significant market power and the imposition of obligations
such a body (§ 51).
(10) against the decision of the Council is not subject to appeal.
(11) the President of the Council in the first instance in the proceedings referred to in section 22, 22a,
22B, 23 and 127. The law provides that the authority shall decide on the matter, the status of the Office
may provide that, in the present case, with the exception of the provisions of paragraph 8, in
President of the Council shall be decided by the first instance.
(12) the members of the Council and its President are paid according to the Special
^ law 46a).
section 108
The Scope Of The Office
(1) the authority under this Act,
and the general permission) issue, decides on their modification or cancellation and
keeps records of entrepreneurs in electronic communications,
(b) measures of a general nature) publishes,
(c) the analysis of the relevant markets) in the field of electronic
communications, specifies the undertakings with significant market power (article 53) and stores them
special obligations
(d)) specifies the provider of universal service in electronic
communications and review the provision of universal service,
(e)) provides the net cost of universal service provision, shall decide
the obligation to return the funds illegally pumped to cover
the net cost of universal service provision and decides whether the amount of the
the net cost for the supplier represents the unbearable burden,
(f)), decisions about the price and performs a check of prices in the area
electronic communications,
g) Decides in disputes, if provided for by this law,
h) cooperates with the relevant national regulatory authorities of the Member
States, the European Agency for network and information security (ENISA)
And with the Commission, BEREC,
I) imposes obligations in kind,
j) verifies the competence of manual radio radio
the device,
the scope of the uznávacího authority) will, according to a special legal
prescription ^ 18) the recognition of professional qualifications and other eligibility
access to regulated activities in the area of electronic communications or
for her performance in the territory of the United States, if your professional qualifications
to perform this work fetched or the activity exercised outside
The Czech Republic nationals of Member States of the European Union
or their family members,
l) determines, selects and recover fees,
m) carries out the control of electronic communications, searches for and removes
sources of interference,
n) stores, selects and enforced fines for breach of duty,
about performs management of radio frequencies) and numbers, including the keeping of their
database,
p) carries out the selection procedure and the monitoring of compliance with the commitments
holders of radio frequency allocations resulting from competitions
q) ensures the harmonisation of use of radio spectrum and the harmonisation of
numbering plans,
r) establishes and manages radio account,
with substantive proposals to the Ministry) submit legislation in the field
electronic communications and works with the Ministry on their
the preparation,
t) publishes the implementing legislation in the field of electronic communications
to the extent authorised under this Act,
u) secures the notification and information obligations in relation to the Commission in
matters falling within its competence,
in the State statistical service),
w) for international relations in the field of electronic communications
the cases laid down by the Government,
x) receives and processes within the framework of the survey data from the
electronic communications from entities engaged in
communication activities and natural persons under the conditions stipulated by special
^ law 45) and provides individual information acquired by
the Ministry survey,
s) ensures the issuance of Telecommunications journal through the
Portal of the public administration,
from) decide on the imposition of the obligation to amend the Treaty or its published
proposal for a publicly available electronic communications service or to
ensure the connection to the public communication network pursuant to § 63 para. 5,
AA) enforcement by the Administration for the enforcement of the obligations laid down
This Act or imposed, ex officio, on the basis of
BB) operates information systems under this Act and an automated
the system for monitoring the frequency spectrum.
(2) the authority shall exercise and other activities, if it is apparent from the provisions of the
of this Act or other legislation. ^ 2)
(3) in the exercise of its responsibilities, the authority is also based on the respective
decisions, recommendations, guidelines and opinions issued by the institutions of the European
Union, the European Agency for network and information security (ENISA) and the
BEREC and of the main principles of State policy in electronic
roads. If the decision is not in accordance with the Commission's recommendation, the Office,
which harmonises the application of European Union law governing the
the area of electronic communications, without delay, inform the Commission
together with the reasons for such a procedure.
section 109
Exclusion of conflicts of interest
(1) employees of the Ministry or the inclusion in the authority, the head of the
organizational unit, who works for the Minister of industry and trade,
advisers and workers who carry out any other activities marked
for the Minister of industry and trade, and Deputy Minister of industry and trade
they may not do business in the area of electronic communications and accept the participation in the
statutory, regulatory and control bodies of the entrepreneurs
carrying out activities within the scope of this Act, to exercise the
consulting or other professional assistance in matters of electronic
communications or otherwise to act for the benefit of such entrepreneurs.
(2) The Council has the obligation under paragraph 1 also for a period of 6 months after the
the end of the performance of the duties of the Council. During this period he belongs to each month's salary
in the amount of his average monthly salary for the duration of the function.
(3) The Council shall not be employed in the Ministry, or
engage in any gainful activity for the Ministry.
§ 110
The relationship of the Office to the Parliament and to the Government of the Czech Republic
(1) the authority is required to handle each year an annual report on its activities
for the previous calendar year, containing, in particular, information about
the current status and developments in the field of electronic communications,
issued by the measures of a general nature, decisions and decisions on the price
on the application of the relevant law of the European Union ^ 1) governing area
for electronic communications, on the results of checks on compliance with the obligations
laid down by law and on the need for the adoption of legislation in the field
electronic communications. The annual report also contains the planned
the Office's budget, and an overview of the results, including an indication of costs
on the performance of the regulation during the previous calendar year and of the planned costs of the
its activity in the same Division the following year. Part of the annual
the message is always the universal service annual report (§ 50).
(2) the annual report of the Office is obliged to submit to the Chamber of Deputies and
Senate of the Parliament and the Government of the United States by the end of may
each calendar year. At the same time is obliged to publish it.
(3) the authority shall on request provide the Chamber of Deputies and the Senate
The Parliament of the United Kingdom and the Government of the United States for an explanation and
additional information on the content of the annual report. Consideration of the annual
messages in the Government of the United States is required to participate in at least one
Member of the Council. Council members are required to participate in the discussion of the annual
message to the Chamber of Deputies and the Senate of the Parliament of the United Kingdom,
If the Chamber of deputies or the Senate were the Czech Parliament
the Republic asked.
§ 111
Cooperation with the Office for the protection of competition
(1) the Office and the Office for the protection of competition shall be provided between
incentives, information and other forms of cooperation needed to carry out the tasks
that established by the legislation. When forwarding information to the recipient is
required to ensure the same level of confidentiality as relying. Before
the release of the decision under section 51, before the imposition of sanctions for breaches of the
such a decision and when conducting an analysis of the relevant market pursuant to § 51
and the Office of the Office for 52 will allow the competition to take on the matter
opinion; If the Office for the protection of competition is delivered to the point
opinion within one month from the date of receipt of the proposal of the authority, it shall be deemed that the
This proposal does not have a reservation.
(2) the authority shall communicate to the Office for the protection of competition at his request
is of the opinion that the conduct of a competitor is a violation of the obligations laid down
This Act or decision issued on its basis.
(3) the Office and the Office for the protection of competition in the performance of tasks
interact with each other, each other's opinion on the proposal require
decision issued within the limits of their competence, and in so doing shall endeavour to
achieve compliance of these opinions.
§ 112
Cooperation with the Council for radio and television broadcasting
(1) the Office and the Council for radio and television broadcasting to each other
provide incentives, information and other forms of cooperation necessary for the performance
tasks prescribed by the laws. When transmitting information is
the recipient must provide the same level of confidentiality as relying.
(2) if the Office finds, in the course of their activities, that there are unused frequencies
in the zone specified exclusively for radio and television broadcasting, it shall inform the
without the Council for radio and television broadcasting.
(3)
and) handles the in conjunction with the Council for radio and television broadcasting
part of the plan the allocation of frequency bands intended for radio
the service,
(b)) passes to the Council for radio and television broadcasting, based on its
request zkoordinované frequencies for radio and television broadcasting,
including their technical parameters,
(c)) provides the Council for radio and television broadcasting of the current data
(database) operated by broadcasting radio equipment for
radio and television broadcasting,
d) cooperates with the Council for radio and television broadcasting in their
control activities,
e) shall inform the Council for radio and television broadcasts on the issue
decision pursuant to section 19, 22a and 22b, with regard to radio frequencies for
the radio service.
(4) the authority shall issue to the Council for radio and television broadcasts on its
request ^ 11) opinions that contain radio usage diagram
frequencies for the territorial scope of the radio or television
broadcasting and the information on the possible limitations on the use of such radio
frequencies, if they are known in advance. The use of radio frequencies, the diagram
means the graphical representation of the territory covered by the area of the intended
the signal of radio or television broadcast.
Review of electronic communications
§ 113
(1) the Office shall exercise control of electronic communications.
(2) in the exercise of State control of electronic communications Office
checks the fulfilment of obligations and the terms of this Act,
the implementing legislation, the measures of a general nature, decisions and
decisions about the price of issued on the basis of this Act. The Office also
check the use of radio frequencies and numbers.
(3) when you check the use of radio frequencies to detect control
compliance with the conditions laid down in the allocation of radio frequencies,
General permission or in an individual permission to use
radio frequencies and monitoring radio frequencies. Monitoring
of radio frequencies is usually carried out without prior notice
people that use radio frequencies to be monitored.
(4) if it is necessary to identify the persons using radio
frequencies are controlling when you check the use of radio frequencies
the monitoring shall be entitled to inspect the contents of a transmitted message.
Otherwise, check the use of radio frequencies is
monitoring without tapping and record messages. Controlling shall not
the contents of a transmitted messages to communicate to persons other than the sender or
the message transmitted to the addressee or their authorised representatives or
allow any other person to obtain information about the contents of the transmitted
messages.
(5) the method of determining the territory covered by the tv broadcast signal,
the method of determining the intensity of the electromagnetic field, and from this derived
population coverage signal tv lays down detailed legal
prescription.
(6) the method of determining the territory covered by the Earth's analog signal
radio broadcasting in the frequency band 87.5 108 MHz and County-
digital radio broadcasting in the frequency bands 174-230 MHz
and 1452-1479.5 MHz, the method of determining the intensity of the electromagnetic
field and from this derived a population coverage of radio signal
broadcast lays down detailed legislation.
(7) the price control is
and in determining whether) the seller or the buyer does not violate the provisions of the
This Act or decision on the price issued by the Office,
(b)) in verifying the accuracy of the supporting documents submitted for the purposes of
evaluation of price developments, price control and for infringement proceedings
the provisions of this Act or the decision on the price issued by the Office.
(8) to check the Credentials may take the form of the licence, the model provides
the implementing legislation.
(9) when you check the numbers, Office checks for compliance with the conditions laid down
for their use of this law, its implementing legislation,
measures of a general nature and the decisions issued on the basis of this
the law. Checking the numbers is usually carried out without the prior
warning people that use these numbers for the provision of services or the
access to electronic communications networks.
section 114
(1) if the Office finds that the person carrying out communication activities under the
This Act (hereinafter referred to as the "debtor") fails to comply with the conditions or fails to comply with
special obligations laid down a general permission, permission to
the use of radio frequencies, or has permission to use numbers, or
fail to comply with the specific obligations referred to in section 11, shall invite the person to compulsory
eliminate the deficiencies noted within a period of 1 month. The authority may provide for the
a shorter period in case of repeated breaches of the conditions or obligations,
or if it required the person expressing approval. The authority shall, in justified
cases, it may fix a time limit longer than 1 month. The obliged entity
promptly notify the Office of the deficiencies.
(2) if the Office finds that a violation of the obligations and conditions referred to in
paragraph 1 represents an immediate and serious threat to public
policy, public security or the health and safety of persons or threatens to
causing serious economic or other injury to other entrepreneurs
service providers or users of electronic networks or services
communications, or any other person, shall issue without delay a decision on the measures to
remedy the situation. This measure is valid for a maximum period of three months. If
During this time the person fails to take the required remedy, you can force this
measures to extend up to a further three months.
(3) the authority may decide to interrupt or terminate the provision of certain
electronic communications service or set of services, if such
the provision could lead to significant distortions of competition,
until such time as an entrepreneur providing this service fills the stored
obligations pursuant to § 84 paragraph. 1.
The provision of information to the Office
section 115
(1) the person shall provide the Required Authority, at its request and in the laid down
reasonable period of time, the form and scope of the complete and correct information, including
financial and data and documents that are necessary for the performance of activities to
which is the competent Authority under this Act. The application of the Office is
justification including the purpose for which the Office of the information, data and
the supporting documents required. The authority does not require more information than is reasonable
the purpose for which they are obtained.
(2) a mandatory person passes the Office and the information, data and documents referred to in
paragraph 1, which contain personal data, facts that are
the subject of a trade secret, or facts that are the subject of
protection under special legislation. ^ 48)
(3) the authority shall be entitled to under the conditions referred to in paragraph 1 require the information
the information and supporting documents, in particular for
and an educated guess) above the net costs of universal service (article 39) and
for the calculation of the net cost of universal service provision,
b) checking out quality parameters and performance objectives
universal service (section 47),
(c) compliance with the obligation to pay) check of the fees provided for in § 133,
d) monitoring of the implementation specific obligations referred to in section 11,
(e) monitoring of the implementation of the obligations and) the conditions laid down general
permission, permission for the use of radio frequencies, or permission to
the use of numbers,
f) examining a request for permission to use of radio
frequencies, or permission to use numbers,
g) publication of comparative overviews of quality and price of services
electronic communications in the interest of consumers,
h) market analysis in order to ensure effective competitive market,
I) price controls,
j) resolving disputes, particularly disputes about access and billing disputes in matters of
the price for the service provided,
k) control the obligations set out in the applicable legislation
The European Union ^ 5a)
l) security efficient use of radio frequencies and their
effective management,
m) collecting information about future development of networks or services including changes
network topology, if they could have an impact on the provision of services on a given
the wholesale market,
n) inspection of compliance with the obligations referred to in section 98, 99 and § 55 para. 1,
about) the assessment of resource sharing or property pursuant to § 84 paragraph. 4,
information on the nature, availability and locations of these resources.
(4) the information, data and documents referred to in paragraph 3, with the exception of point (a)
(g)), the Authority may require of the entrepreneurs before starting communication
activity or within the framework of the conditions for the initiation of such activity. Information
referred to in paragraph 3 (b). (e) the Office is entitled to require) only for
the purpose of the checks initiated on its own initiative or, in the case where the authority
receives a complaint or other information in respect of the conditions laid down.
(5) the authority is entitled to make the control of information, data and documents
submitted in accordance with paragraphs 1 to 3. Authority during the inspection process according to the
special legislation. ^ 47)
(6) the information, data and information submitted by the person liable in accordance with paragraphs
1 to 3 of the Office is obliged to protect it from misuse.
(7) the provisions of paragraphs 1 to 5 shall not affect the right of the authority to require
information, data and documents under special legislation.
(8) the Office further collects available information about the General subject
appeals, the number of cases brought under section 246 of the code of
Code of civil procedure and the code of civil procedure, in accordance with the administrative procedure for the length of these
the remedies available and the number of the decision, which was mandated by the
interim measures, in electronic form. The information Office
shall provide the Commission, or BEREC on the basis of their reasoned
request.
Part 2
Cooperation with the Commission and the competent national authorities of the Member States
§ 116
(1) the Ministry within their jurisdiction shall cooperate with the competent
the ministries of the Member States and with the Commission, and in particular in the area of
the strategic planning, co-ordination and harmonisation of use of radio
spectrum, and in relation to the Commission of the notification and the information provides
obligation on issues falling within its competence.
(2) the Ministry within its scope represents the Czech Republic in
Advisory Councils and committees of the Commission.
(3) the Ministry shall preserve the confidentiality of the information which had been passed to the
authorities of the Member States as confidential.
§ 117
(1) the authority within its jurisdiction shall cooperate with the competent national
the regulatory authorities of the Member States. Additionally, the authority within its jurisdiction
participating in the negotiations of relevant advisory councils and committees and associations
Berec. The authority with the bodies referred to in this paragraph shall cooperate, in particular,
in the area of strategic planning, coordination and harmonisation of the use of
radio spectrum.
(2) in relation to the Commission of the authority secures the notification and information
obligation on issues falling within its competence, in particular provides
The Commission information on the application of the relevant law of the European Union
relating to the area of electronic communications, its annual report and
For more information, which the Commission requires.
(3) the authority is authorized to provide him the information available to the regulatory
authority in another Member State on the basis of a reasoned request such
the regulatory authority. The Office maintains the confidentiality of the information which have been
passed to other regulatory bodies, including the regulatory authorities of the Member
States, as confidential.
(4) the Office shall provide the Commission with the information that you previously requested from the
entrepreneurs, without delay inform entrepreneurs about this.
TITLE VII
Administrative offences
§ 118
Administrative offences of legal entities and natural persons-entrepreneurs
(1) a legal entity or individual entrepreneur is committed by the administrative
tort by
and in the field) operates electronic communications in violation of section 8,
(b) violates any of the terms and conditions) a general permission in accordance with section 10, paragraph 1. 1,
c) contrary to section 13 does not notify the Office in advance to begin communication
activity, or changes that it said in the notice of the communication
activities, or fails to notify their communication activities,
d) uses radio frequencies, for whose use should be authorized to
the use of radio frequencies under § 17 para. 1, without this permission,
(e)), which uses the number of conflicts with the numbering plan pursuant to § 29 para. 1,
f) uses the number without the use of numbers according to § 30 para. 1,
or interfere with this permission,
g) uses the information in the database for any purpose other than the § 33 para. 3,
(h)) it's the gate in violation of § 83 para. 4,
I) contrary to section 93 applies the e-mail address for sending
the message or messages to third parties without the consent of the holder of the address
electronic mail,
j) uses a network or electronic communications service contrary to section 96
paragraph. 1 or 2,
k) in violation of § 96 para. 3 as an entrepreneur, that provides the service
queries on subscriber numbers or other similar information, provides information
a participant that does not contain a public list,
l) fail to comply with in carrying out communication activities one of the conditions
measures of a general character issued by the authority pursuant to § 9 para. 2, § 16 para. 2,
§ 34 paragraph 1. 4, § 47 para. 3, § 62 para. 3, § 70 para. 3, § 71 para. 3, §
paragraph 82. 4, § 85 para. 6, § 86 para. 3,
m) as the holder of the use of numbers in violation of § 32 para. 3
notifies the change the facts on the basis of which he was this permission
granted,
n) as the legal successor of the person who was the holder of the allocation of radio
frequencies, does not inform about your succession pursuant to § 22 c of paragraph 1. 3 or §
22 paragraph 1. 2,
about) in violation of § 73 para. 2 put into operation or operating device,
that does not meet the technical requirements,
p) one of the breaches of the prohibitions in the protection zone of the underground communication
guidance under section 102 paragraph. 3,
q) violates any restriction or condition of protection the protection of overhead
communication line laid down in the decision of the competent construction
authority under section 102 paragraph. 5 or of the protection zone and of radio equipment
radio directional connection set out in the decision of the competent construction
the authority under § 103 para. 1, or
r) contrary to section 102 paragraph. 4 in the protection zone of the underground
communication line activity, which makes it impossible or substantially
makes it difficult to access this guidance, or which could endanger
the safety and reliability of its operation, without the prior consent of the
the owner of the line.
(2) a legal entity or individual entrepreneur as the holder permission to
the use of radio frequencies under § 17 para. 1 committed by the administrative
tort by
and) uses radio frequencies in conflict with this permission,
b) contrary to section 7 para. 7 does not ensure their operation of broadcasting
radio stations immediately after the expiry of this permission,
(c)) in violation of § 18 para. 5 notify change the facts on the basis of the
which she was granted this permission,
(d)) as the holder of the use of radio frequencies does not inform
Office to rent this permission according to § 19 para. 4,
e) rents this permission in violation of § 19 para. 1, or
f) contrary to section 26 para. 2 does the operator of broadcast radio
the device was carried out only by a person who has a valid certificate, vocational
eligibility.
(3) a legal entity or individual entrepreneur as the holder permission to
the use of radio frequencies for experimental purposes under section 19b of the
committing an administrative offense, by
and) contrary to section 19b paragraph 2. 11 change the fact has not notified on the basis of
he granted this permission, or
(b) the authority does not provide the information) pursuant to § 19b paragraph 2. 14.
(4) a legal entity or individual entrepreneur as the operator
a device whose operation creates high-frequency energy, is guilty of an
the administrative offense by
and) contrary to § 100 para. 1 does not ensure that the high-frequency energy
These devices do not cause interference to the operation of electronic
communications equipment and networks, or the interference of service provision
electronic communications or the operation of the radio service,
or
(b)) in violation of § 100 para. 3 fails to appropriate safeguard measures, if
interference operation of an electronic communication device, network,
the provision of electronic communications services or the operation of
radio service.
(5) a legal entity or individual entrepreneur as a person required to
committing an administrative offense, by
and) contrary to section 114 para. 1 not removed within the time limit established
deficiencies or remove them promptly notifies the Authority, or
(b)) does not submit information, data or documents requested by the Office pursuant to section
115.
(6) the Entrepreneur commits an administrative offense, by
and) contrary to section 23 paragraph 1. 1 enters into a contract on the transfer of allocation without
consent of the authority,
(b)) service discriminates against another trader of electronic
communications services as regards the number sequences used to access its
the services according to § 30 para. 10,
(c) fails to comply with the obligation to use standards), specifications or recommendations under
§ 62 para. 1 or 2,
d) uses the information in violation of the intended or
does not secure the preservation of their confidentiality pursuant to § 81 para. 2,
(e)) does not pass the full text of the Treaty Office or its changes and amendments pursuant to section
80(2). 3,
(f)), contrary to section 80(2). 5 does not inform entrepreneurs about the rejected
the reasons for the refusal, or does not, or does not send this information to the Office,
or
g) contrary to section 30 paragraph 2. 11 enters into a contract on the transfer permission to
the use of numbers without the consent of the authority.
(7) the holder of the use of the number committed by administrative tort
by
and does not make technical adjustments) when you change the numbering plan in accordance with section 29 of the
paragraph. 3, or
(b)) immediately after the expiry of the permission to the use of numbers
does not ensure that ended the use of numbers on the basis of this
permission according to § 36 odst. 8.
(8) an entrepreneur providing a publicly available telephone service
committing an administrative offense, by
and does not guarantee continuous access users) to the numbers of emergency calls
or to the European harmonised numbers pursuant to § 61 para. 3 or does not allow
their subscribers free calls to those numbers under section 69 (a). (c)),
(b) fails to comply with the obligation to respect) call forwarding according to § 94 paragraph. 1,
(c)) shall not provide information from a database of participants according to § 97 para. 5,
(d) the breach of the obligation to ensure the call) on a European harmonised numbers
in accordance with § 33a paragraph 1. 1,
(e)) will not provide information to attendees and users in accordance with § 33a paragraph 1. 2,
(f)) does not the current database of all its participants and the available data on
the activated prepaid cards in accordance with § 61 para. 4,
g) does not pass the available personal or identifying information for participants
information and operator services, pursuant to section 66 paragraph 1. 1,
(h)) does not provide the service of identifying malicious or nuisance calls
under section 67,
(I) fails to comply with an obligation under §) 69 (a). and) or (b)),
(j)) as an entrepreneur providing a publicly available telephone service
through a public mobile telephony network does not fulfil the obligation under
section 75 para. 1 or 3,
k) breach of an obligation concerning the display of the local number in accordance with § 92,
l) does not pass the data relating to subscribers for the purpose of conducting phone books
or for the purposes of information services pursuant to § 41 para. 3, or
m) does not ensure the implementation of all international calls to the European
telephony numbering space in accordance with § 61 para. 6.
(9) an entrepreneur providing public telephone network is guilty of an administrative
tort by
fails to comply with the obligation to respect) call forwarding according to § 94 paragraph. 1,
or
(b)) will not allow all end users access to the public telephone network
operator services and at least one information services pursuant to § 66
paragraph. 2.
(10) the Universal Service Provider is guilty of an administrative offense by
that
and an adequate level of participant) does not allow control of its expenditure by
§ 44 para. 4,
(b)) does not apply uniform prices or does not respect the prices fixed by the Office
pursuant to § 45 para. 2,
(c)) does not comply with the limit values or quality parameters performance targets
the individual services according to § 47 para. 1,
(d)) does not publish the information in accordance with § 54 para. 1 (b). and) or
do not submit the valid prices of the authority pursuant to § 54 para. 1 (b). (b)),
(e)) does not separate records of expenses and revenues pursuant to § 86 para. 1,
(f) the results of the separate registration) do not submit to the verification referred to in § 86 para. 4,
g) does not verify the results of separate conclusions the evidence under section 86
paragraph. 4,
(h) submits the price calculation) according to § 86 para. 5 or 6,
even) do not submit annual results separate records or accounting information according to
§ 86 para. 7,
(j)) do not communicate or the user's inability to communicate late fulfilment of the obligation
According to § 40 paragraph 2. 1 or paragraph 2. 3, or communicated to or out of time
the replacement period under § 40 paragraph 2. 6 for the fulfilment of the obligation under section 40
paragraph. 1 or 3,
k) does not go with the data on participants in a non-discriminatory manner in accordance with § 41
paragraph. 3,
l) does or does not submit to the Office the information pursuant to § 47 para. 2,
m) does not allow end users to carry out national and international
phone calls, faksimilní communication and data transfer speeds
are sufficient to permit functional Internet access, according to § 40 paragraph 2. 5,
n) one of the obligations to fulfil in accordance with § 41 para. 1,
about publish identifying information) without the consent of the Subscriber or will not allow the
free neuveřejnění, fix, verify or delete
identification data of the local list in violation of § 41 para. 6,
p) does not ensure free access by end-users according to § 42 para.
2,
q) contrary to section 39 paragraph 2. 14 does not notify in advance that it intends to convert its network
specified for the provision of connectivity services at a fixed location to the public
communications network at a fixed location and access to publicly available telephone
the service, or its substantial part to another legal person, or
r) does not provide disabled people access to publicly available
telephone service pursuant to § 43 para. 1.
(11) the undertaking with significant market power is guilty of an administrative offense by
that
and nesjednává prices) in accordance with § 55 para. 1 or 3,
b) contrary to section 60(1). 1 proven Authority, that prices are applied
cost oriented,
(c) does not separate record) costs and revenues according to § 86 para. 1,
(d)) apply prices which do not reflect actual costs, taking into account
rate of return on investments, or are not in accordance with the methodology of the separate
registration costs pursuant to § 86, although the cost orientation obligation
prices,
(e) fails to comply with an obligation to) access a saved Office under section 84
paragraph. 2,
f) refuses to draft Treaty on access or interconnection in violation of § 84
paragraph. 7,
g) has requested the authority to consent to a rejection of the draft contract pursuant to § 84 paragraph.
8,
(h)) does not provide Authority information pursuant to § 86 para. 1,
I) does a reference offer for unbundled access to the
the necessities and the conditions laid down pursuant to section 85,
j) does a reference offer for the use of and access to specific
network elements and associated resources pursuant to § 84 paragraph. 3,
the price does not apply to) in accordance with the obligation under § 51 para. 5
(a). (f)),
l) fail to comply with the obligations imposed by § 51 para. 5 (b). a) to (e)), 6, 7
or 12,
m) uses information provided from other entrepreneurs before, during
or after the negotiation of the Treaty of accession or of the Treaty on the linking of networks or
they are treated by in violation of § 81 para. 2,
n) do not submit the results of the separate register for verification pursuant to § 86 para. 4,
the conclusions of the verification of the results does) a separate register under section 86
paragraph. 4,
p) submits the price calculation pursuant to § 86 para. 5 or 6,
q) fails to submit the annual results of separate records or accounting information according to
§ 86 para. 7.
(12) an entrepreneur providing publicly available electronic service
communications commits an administrative offense, by
and fails to fulfil any obligation while) security and data protection
confidentiality of communications under section 88 para. 1, 2, 4, 5 or 6,
(b)) does not flow according to § 64 para. 12,
(c)) does not inform the Subscriber or user for the processing of traffic data
pursuant to § 90 para. 8 with the exception of personal data,
d) handles operational data contrary to section 90 of the paragraph. 6,
(e) do not communicate the information to the user) according to § 94 paragraph. 2,
(f)) does not ensure that end-users from other Member States should
access to negeografickým phone numbers on the territory of the Czech Republic
under section 35,
g) does not publish the information in accordance with § 54 para. 1 (b). and) or
do not submit the valid prices of the authority pursuant to § 54 para. 1 (b). (b)),
(h)) does not inform end users about the introduction of a special scheme for the
call between border areas according to § 29 para. 2,
I) does not provide an electronic communications service continuously according to § 61
paragraph. 1 in quality pursuant to section 71,
j) have not dealt with a claim on an expense report or the provision of services according to price
§ 64 para. 10 or does not return the difference of the prices referred to in paragraph 1. 11,
the Bill does not provide the prices) for services rendered pursuant to § 64 para. 2,
4, 5 or 6,
l) does not notify in advance the consequences of non-payment on the participant's proven
telephone accounts pursuant to section 65 paragraph 1. 1,
m) where the payment or non-payment of a phone account
participant in violation of § 65 para. 2 or 3,
n) contrary to the directly applicable European Union law governing the
roaming on public mobile communications networks in the Union ^ 65)
1. unless otherwise provided in the prices for the provision of electronic communications services,
2. does not provide electronic communications services under the
conditions,
3. does not ensure the transparency of retail prices for roaming,
4. establishes the separate sale of roaming services under the
conditions, or
5. does not perform a separate sale of roaming services, or
o) contrary to the directly applicable European Union law governing the
separate sale of regulated retail roaming services in
Union ^ 66)
1. establish separate sale, the technical solution for roaming services to other
than the prescribed manner, or
2. does not provide information to users.
(13) an entrepreneur providing a public communications network is guilty of
the administrative offense by
and fails to meet any of the requirements) in the spread of television services and programmes
wide format pursuant to § 68 para. 1,
(b) fails to comply with any of the requirements) in accordance with § 69,
(c) does or fails to notify the Office of) the manner, to the extent and within the time limits
laid down in § 73 para. 7 and 8 of the interface types and their technical
specification that provides for connecting devices, or changes to these
technical specifications,
(d)) does not ensure immediate and free remote access to the database and
transfer of data according to § 33 para. 3 (b). (b)),
e) refuses to connect, disconnect or disable the operation of the device without a permit
Authority under section 74 para. 5 or disconnects the device without being met
the conditions pursuant to section 74 para. 6,
(f) does not comply with the obligation to disseminate specific) a radio or television program, and with the
This programme related services pursuant to § 72 para. 1,
g) except pursuant to § 79 paragraph 2. 1 about the link, although he was asked to do so
Another businessman, who, according to section 13 of the said business,
h) has not established or does not keep a current database of participants, including their
the participants, in accordance with § 33 para. 3 (b). and)
I) does not hinder in their network access of telecommunications terminal equipment,
from which it was carried out by abusive calls to a public communications
network according to section 33 para. 9,
j) fails to comply with the obligation to share the saved Office under section 84 paragraph. 4,
to fail to fulfil one of the obligations) according to § 104 paragraph. 7, or
l) will not allow the connection of telecommunications terminal equipment to interface
According to § 73 para. 6, or
m) fails to comply with the obligation relating to the obligation to allow wholesale
Roaming access, under the conditions set out in applicable legislation directly
The European Union on roaming on public mobile communications networks in the
Union ^ 65).
(14) an entrepreneur providing a public communications network or provides
publicly available electronic communications service is guilty of an administrative
tort by
and nesjednává prices) in accordance with § 55 para. 1 or 3,
(b) the person's name or will not secure) at specified points of your network interface for
end connection of telecommunications equipment for the interception and recording of
reports pursuant to § 97 para. 1,
(c)) in violation of § 97 para. 3 does not retain traffic and location data,
does not pass, it is the competent authority, after the expiry of the retention period is
destroy or does not ensure that it is not kept the content of messages or
further transmitted, thus retained
(d)) does not ensure clarity of messages and related operational and
location data according to § 97 para. 6,
e) breach of an obligation of professional secrecy pursuant to § 97 para. 8,
(f)) does not register pursuant to § 97 para. 10 or this registration does not pass by
§ 97 para. 11,
g) does not inform the authority or a user to the extent and in the manner referred to in section 98
paragraph. 4,
(h)) does not ensure the safety and integrity of your network, or the safety of services,
It provides under section 98 (1),
I) fail to fulfil one of the obligations to safeguard the security and integrity of
their networks and interoperability of services provided under § 99 paragraph 2. 1, 2
or 4,
(j)) as an entrepreneur that has special or exclusive rights for the
the provision of services in other sectors in the Czech Republic or in another
Member State of the European Union, does not keep separate records of costs and
revenues pursuant to § 86 para. 8 (a). and) or structurally detached activity
pursuant to § 86 para. 8 (a). (b)),
to threaten the confidentiality of messages and) associated with them traffic and location
data breach of one of the obligations referred to in § 89 paragraph 1. 1 or section 91 paragraph 2.
2, 3 or 4,
l) initiates the transfer of a telephone number, without the participant asked,
m) does not provide for the participants of the publicly available telephone service option
to retain their telephone number in accordance with § 34 paragraph 1. 1,
n) contrary to section 34 para. 4 exceeds the time limit for the migration numbers
provided for measures of a general nature or in violation of § 34 paragraph 1. 5
exceed the period of one working day is not a participant during
the migration process a phone number on this issue provided by the public
available electronic communications service,
about user fails to comply with the obligation to inform) the price for calls to numbers with
He expressed price saved Office under section 35 para. 2,
p fails to comply with the obligation to) block access to numbers or services stored
his Office under section 35 para. 3,
fails to comply with the obligation to q) to withhold payment pursuant to § 35 para. 3 or 4,
r) does in each of their establishment and manner allowing remote
access for end users of the draft contract pursuant to § 63 para. 2,
with) will not disclose information pursuant to § 63 para. 3,
t will not allow the user to enter into a contract) pursuant to § 63 para. 4,
u) does not change within the time of the contract or does not change
published the draft contract pursuant to § 63 para. 5,
in) participant in the time limit laid down by the law on the amendment of the Treaty, or
about his right to terminate the contract without penalty under § 63 para. 6,
w) enters into a contract with a consumer or user in violation of § 63
paragraph. 7,
x) fails to comply with obligation to disclose an overview of current pricing, quality and
conditions provided publicly available electronic
communications and the measures taken to ensure equal access and
for disabled users stored by the Office pursuant to § 71 para. 1,
s) will threaten the confidentiality of messages and associated traffic and location
data breach of one of the obligations pursuant to § 90 para. 2, 3, 4, or 5,
shall not restrict the processing of data from), pursuant to section 90, para. 9,
AA) shall impose a security audit or fails to submit the information to the authority
According to § 98 para. 6,
AB) does not in the contract for the provision of publicly available services
electronic communications networks, or to connect to the public
the communication network, all of the information pursuant to § 63 para. 1 or are referred to
information in contravention of this provision,
AC) does not provide the consumer with information pursuant to § 63 para. 9 or 10,
ad) applied for the termination of fixed-term contracts in breach of
§ 63 para. 11, or
AE) contrary to section 89 paragraph 1. 4 does not provide the information, or contact the
out of time.
(15) an entrepreneur providing a public communications network or provides
publicly available electronic communications service further committed
the administrative offense that fails to fulfil any of the obligations in the security
data protection under section 88a of paragraph 1. 1 or 2.
(16) an entrepreneur providing protected content propagation service commits
the administrative offense by
and does not offer any operator) radio and television broadcasting
services in accordance with § 83 para. 5,
(b) does not result in a separate register) costs and revenues according to § 86 para. 2,
(c) the results of the separate registration) do not submit to the verification referred to in § 86 para. 4,
(d) the conclusions of the verification of the results does) a separate register under section 86
paragraph. 4,
(e) submits the price calculation) according to § 86 para. 5 or 6,
(f)) do not submit annual results separate records or accounting information according to
§ 86 para. 7.
(17) an entrepreneur providing service distribution of radio and television
the broadcast is guilty of an administrative offense, by
and it is not the conclusion of the contract) in accordance with § 72a para. 2,
(b)) does not close the contract pursuant to § 72 para. 3, or
(c)) has failed or does not publish the draft of the contract, including the General
under section 72b of the terms of paragraph 1. 1.
(18) the authorisation to use radio frequencies for terrestrial
digital radio and television broadcasting is guilty of an administrative offense
by
does not ensure the provision of the service) the electronic programme guide
According to § 83 para. 9 (a). (b)),
(b)) will not allow the spread of radio and television programmes pursuant to § 83 para.
9 (a). a), or
(c) does not use the allocated radio frequency) according to § 83 para. 9 (a). (c)).
(19) an entrepreneur providing an electronic communications network for terrestrial
digital tv or an entrepreneur providing service spread
radio and television broadcasting in this network is guilty of an administrative
tort by the authority shall not divulge information about the free capacity of the stream
pursuant to section 72c.
(20) an entrepreneur providing digital radio propagation service and
television is guilty of an administrative offense that does not ensure in
their network propagation service services directly related with the program under section
83 para. 8.
(21) an entrepreneur providing publicly available electronic service
communications to the national call to originaci is guilty of an administrative offense
by
and) breach of an obligation to allow free calls to emergency numbers
According to § 33 para. 1 or does not pass any personal or identifying information
participants for localization, or caller identification according to § 33
paragraph. 2, or
(b)) does not provide information to the public about the existence and use of numbers
emergency calls according to § 33 para. 5.
(22) for the administrative offence under section 118 is imposed in the
and 2 0000 0000 Eur), in the case of an administrative offence referred to in paragraph 1 (b). n) up to
r), paragraph 2 (a). (f)), paragraph 3 (b). (b)), paragraph 5, paragraph 6
(a). (g)), or to paragraph 14 (a). ad),
(b)) 10 0000 0000 CZK in the case of an administrative offence referred to in paragraph 1 (b). m),
paragraph 2 (a). c) to (e)), paragraph 3 (b). and paragraph 8 (a)). (d)) to
m), paragraph 10 (a). j) to r), paragraph 12 (a). f) up to), paragraph 13
(a). I) to m), paragraph 14 (a). k) up to ad) or paragraph 15,
(c) 20 0000 0000 Czk), in the case of an administrative offence referred to in paragraph 1 (b). a) to
(l)), paragraph 2 (a). and), (b)), paragraph 4, paragraph 6 (a). a) to (f)),
paragraph 7, paragraph 8 (a). a) to (c)), paragraph 9, paragraph 10 (a). and)
to (i)), paragraph 11, paragraph 12 (a). a) to (e)), paragraph 13 (c). a) to
(h)), paragraph 14 (a). a) to (j)), paragraphs 16, 17, 18, 19, 20 or 21.
§ 119
Misdemeanors
(1) a natural person has committed the offence by
and malicious calls)
(b) violates any of the terms and conditions) a general permission in accordance with section 10, paragraph 1. 1,
c) uses radio frequencies, for whose use should be authorized to
the use of radio frequencies under § 17 para. 1, without this permission,
d) contrary to section 26 para. 2 handles some of the broadcast radio
equipment specified in § 26 para. 1 without a valid licence training
eligibility to operate these establishments,
(e) call on the wicked) emergency number,
(f)) uses special price according to § 38, although it is not a person with special
social needs, or although there is no person to whom the Special
the price awarded,
g) in violation of § 73 para. 2 put into operation or operating device,
that does not meet the technical requirements,
h) contrary to section 93 applies the e-mail address for sending
the message or messages to third parties without the consent of the holder of the address
electronic mail,
I) in violation of § 96 para. 1 will offer marketing advertising or other
like how to offer goods or services to the participant or to the user,
Having said that, does not wish to be contacted for marketing purposes,
(j) violates any of the prohibitions) in the protection zone of the underground communication
guidance under section 102 paragraph. 3,
k) violates or condition of protection the protection of overhead
communication line laid down in the decision of the competent construction
authority under section 102 paragraph. 5 or of the protection zone and of radio equipment
radio directional coupling, set out in the decision of the competent
the Building Authority under § 103 para. 1,
l) contrary to section 102 paragraph. 4 in the protection zone of the underground
communication line activity, which makes it impossible or substantially
makes it difficult to access this guidance, or which could endanger
the safety and reliability of its operation, without the prior consent of the
the owner of the leadership, or
m) fails to comply with in carrying out communication activities of any of the conditions
measures of a general character issued by the authority pursuant to § 9 para. 2, § 16 para. 2,
§ 34 paragraph 1. 4, § 47 para. 3, § 62 para. 3, § 70 para. 3, § 71 para. 3, §
paragraph 82. 4, § 85 para. 6 and § 86 para. 3.
(2) a natural person as holder of permission to use radio frequencies
According to § 17 para. 1 is guilty of a misdemeanor, by
and) uses radio frequencies in conflict with this permission,
(b)) in violation of § 18 para. 5 notify change the facts on the basis of the
which she was granted this permission,
c) contrary to section 7 para. 7 does not ensure their operation of broadcasting
radio stations immediately after the expiry of this permission.
(3) a natural person as holder of permission to use radio frequencies
for experimental purposes, in accordance with § 19b is guilty of an offence by
and) contrary to section 19b paragraph 2. 11 change the fact has not notified on the basis of
he granted this permission, or
(b) the authority does not provide the information) pursuant to § 19b paragraph 2. 14.
(4) a natural person as a person that has been granted a special prize, the
commits an offence, contrary to section 38 paragraph 1(a). 7 does not inform
the entrepreneur, who has been ordered to provide special pricing on
all the facts that have a bearing on the conditions for granting
Special prices.
(5) a natural person as the owner of the plant, which produces
radio frequency power, is guilty of an offence by
and) contrary to § 100 para. 1 does not ensure that the high-frequency energy
These devices do not cause interference to the operation of electronic
communications equipment and networks, or the interference of service provision
electronic communications or the operation of the radio service,
or
(b)) in violation of § 100 para. 3 fails to appropriate safeguard measures, if
interference operation of an electronic communication device, network,
the provision of electronic communications services or the operation of
radio service.
(6) a natural person as required is guilty of an offence by a person that
and) contrary to section 114 para. 1 not removed within the time limit established
deficiencies or remove them promptly notifies the Authority, or
(b)) does not submit information, data or documents requested by the Office pursuant to section
115.
(7) for the offense referred to in paragraph 1 (b). a) to (d)), and (f)) and m) and for the
offence referred to in paragraphs 2 to 6, you can impose a fine of up to 100 000 CZK. For
the offense referred to in paragraph 1 (b). (e) impose a fine to) can be 200 000 Kč.
§ 120
the title launched
(1) administrative offences under this law in the first instance hearing
The Office.
(2) the Fines collected and enforced by the authority.
(3) the rate of penalties for administrative offence under this Act shall be increased to
twice, up to the amount of Eur 40 0000 0000, if the same
administrative offence committed repeatedly. Administrative offence is committed repeatedly,
If the date on which the decision imposing a fine for the same administrative offence
has power, after less than 2 years.
(4) in determining the amount of the fine on a legal person shall take account of the seriousness of the
the administrative offense, in particular, the way a criminal offence and its consequences, and
the circumstances under which it was committed.
(5) the liability of a legal person for an administrative offense shall cease, if the
administrative authority about him has not initiated proceedings within 3 years from the date on which it
learned, but not later than 10 years from the day when it was committed.
(6) a legal person for an administrative offence is not liable if he proves that
made every effort, that it was possible to require that the infringement of the
a legal obligation is prevented.
(7) The liability for the acts, which took place in the business
person or in direct connection with him, subject to the provisions of the law on
liability and sanctions legal persons.
§ 121
cancelled
TITLE VIII
The provisions on the management of
Part 1
General provisions on procedure
§ 122
Relationship to the administrative procedure
(1) in the case of the application of price regulation on the markets for end users
end users are not parties to the proceedings.
(2) the authority may impose a fine of up to 100 000 CZK.
(3) in a proceeding with a large number of participants served by the Office to the participants
documents public regulations, with the exception of the summons and decisions in
merits of the case. The deadline for submitting objections to the concept of parts and
grounds of the decision and for proposals to supplement the proceedings must not
be less than 10 days.
(4) to comply with obligations imposed on an undertaking with significant market power, or
entrepreneurs according to § 33 para. 8, § 38 paragraph 1(a). 2, § 38 paragraph 1(a). 3, § 51 para.
5, 6, 7 and 12, § 57 para. 1 and 4, § 60 para. 2, § 61 para. 2, § 63 para.
5, § § 69a, 69b, § 70, § 71 para. 1, § 72 para. 1, section 74 para. 1, § 79
paragraph. 2, § 82, § 83 para. 7, § 84, § 86 para. 2 and 5, § 100 para. 7 and §
paragraph 114. 2 and 3 may be obtained by caching of coercive fines up to the total
the amount of 10 0000 0000 CZK.
(5) in the case where this Act provides that the Office of the President of the Council, or
The Council may amend or change the decision issued by the President of the Council, authority, or
The Council shall undertake a new procedure and issue a new decision on the case ^ 48b).
§ 123
Appeal
(1) a breakdown or an appeal against a decision of the Office, which in the first
President of the Council, did not deliver the level shall be decided by the President of the Council.
(2) If, in the first instance, the President of the Council issued a decision, in
deciding on the appeal or decomposition of the Council shall not vote.
§ 124
Measures of a general nature
(1) the measures of a general nature are mandatory for legal and natural persons
executing communication activities under section 7. Part of the justification for the
measures of a general nature is the settlement of comments arising from the consultation
under section 130 and 131.
(2) the measures of a general nature shall enter into force on the fifteenth day following the date
publication in the telecommunications journal, unless otherwise provided by the Office of origin
the effectiveness of later. If required by the public interest, can be
the origin of the effectiveness of the measures of a general nature, however, the first day of the
publication.
section 125
Disclosure of the
(1) the measures of a general nature, decisions, information and other documents
or the fact that the law requires the publication by the Office,
The Office shall publish a notice in the range referred to in paragraphs 2 and 3 in the telecommunications
journal or on the electronic notice board of the Office in a manner allowing
remote access. On the date of publication in the telecommunications journal is the day
the release of the appropriate amount of Telecommunications journal, referred to in its
header, through the portal of public administration. ^ 49)
(2) the authority in the telecommunications journal published
and measures of a general nature) in full, its changes and cancellation
(b)) decision on the price in full, its changes and cancellation
(c) the results of the analysis of the relevant markets) (section 51),
(d)) of its publication, amendment, termination, and the results of the selection process held on
the basis of this Act,
e) communication on issued decisions of the authority referred to in paragraph 3 (b).
and)
f) network plans (section 62).
In the Telecommunications Authority also publishes the journal of communication about the patch
printing errors.
(3) on the notice board of the Authority without delay and electronically publishes, in particular
and the decision of the authority on disputes) between persons engaged in communication
the activities and decisions of the Council referred to in section 107 para. 8 (a). (b)), points 3 to
5 the full text,
(b)) decisions of the Office on disputes between the person performing the communication
activities and participant, or by a user in full in the event that the
the subject matter of the dispute relates to a larger number of participants or users,
(c)), the other information documents and information under this Act.
(4) the authority shall publish, in particular, information
and about the rights, responsibilities), conditions, procedures, and fees, in the
with regard to the general authorisation, allocation, individual
permission for the use of radio frequencies and the permission to use
numbers,
(b) of the specific obligations imposed) entities under section 11,
(c)) on the determination of the relevant markets in accordance with § 52.
(5) the authority is also required to publish information concerning the procedures and
conditions associated with rights for the construction of electronic communications networks
under special legislation ^ 41) and information on networks for
radio service under special legislation ^ 11).
(6) if the information referred to in paragraph 4 (b). and paragraph 5) and to the
available at various offices of the public administration, the Office creates a user
an overview of the availability of this information, including information on the relevant
offices of the public administration.
(7) the authority shall on clarity, accessibility and updating
published information.
(8) the authority does not publish the information that constitutes a trade secret ^ 5)
or whose publication prevents the special law, ^ ^ 34), 48), in particular
information about the entrepreneurs, their business relations or their
cost components. This does not prevent the publication of information on conditions
linked to the granting of rights to use radio spectrum, if they are not
information of a confidential nature.
(9) the provisions of paragraph 8 shall not affect the fulfilment of the obligations of the authority
provide information to authorized authorities.
§ 126
Telecommunication journal
(1) Telecommunication journal is publishing a collection of administrative authorities in the
the field of electronic communications.
(2) the name of the "telecommunications journal" is allowed only for
designation of telecommunications journal under this Act.
(3) the form of Telecommunications journal, the method of publication of data
referred to in § 125 of paragraph 1. 2 and how they are transmitted for publication
down detailed legislation.
Part 2
Dispute resolution
Section 1
Disputes between persons engaged in communication activities
§ 127
(1) the Chairman of the Board, shall decide disputes between persons engaged in
communication activities (§ 7) or between such persons and other
entrepreneurs operating in another Member State, in whose favour
There is an obligation to access or interconnection on the basis of the proposal of any of the
of the parties to the dispute, if the dispute concerns the obligations imposed by this Act
or on the basis of it. Submission of the proposal shall be subject to an administrative fee. The time limit
the decision amounts to 4 months, in particularly complex cases, 6
months.
(2) in duly unexcused or abstention from, duly notified to the
hearing or for failure to provide the synergy is the President of the Council
entitled to save the person fined up to 100 000 CZK
and even repeatedly.
(3) the authority shall publish a decision on the dispute.
(4) the President of the Council shall grant a party that had full
success, reimbursement of the costs necessary to the efficient application of or interference
rights against the unsuccessful party, which had been unsuccessful. If he had
a party to proceedings in case only a partial success, the President of the Council to pay the
the cost fairly split, or decide that none of the parties
control does not have the right to recover the cost. Even though he had a party for
things only a partial success, the President of the Council to grant him a full refund
the costs, if he was in a relatively small part of the failure or
If the decision depended on the level of performance of the expert report or the discretion of the
the President of the Council. President of the Council be granted to pay the costs in full
also a participant in the case that was for the behavior of the other party to the proceedings
taken back the proposal, which was submitted by the participant reasonably.
(5) in case of a dispute, to which the solution is at the same time the relevant regulatory
authority of another Member State, the President of the Council shall act under the provisions of
This law, in cooperation with the regulatory authority of the other Member
State. The President of the Council is authorised to refuse to discuss a dispute under section 128
just an affirmative opinion of the regulatory authority of another Member
State. The Office may consult BEREC, the factual issue
the dispute.
(6) to the settlement of disputes decided procedure laid down in paragraphs 1 to 4 may be
to arrange a special agreement under the law on arbitration and the enforcement of
arbitration awards in respect of disputes concerning the fulfilment of the obligations to:
the performance.
§ 128
Rejection of the dispute
(1) the authority shall be entitled to refuse to decide the dispute under section 127, if the
the basis of an oral hearing with the participation of all the parties to the dispute, it concludes that the
other solutions would better contribute to resolution of the dispute in a timely manner
accordance with § 5 para. 2 to 4. The Office shall issue a refusal to decide the dispute
the decision against which no appeal shall lie.
(2) in the case of nevyřešení the dispute within 4 months from the date of issue of the decision
referred to in paragraph 1, the authority shall act on a proposal from one of the parties, pursuant to section 127,
If the party that submitted the proposal for a decision of the dispute to the Office,
did not turn over to the Court.
(3) proceedings for the resolution of the dispute pursuant to § 127, which is
concerns a dispute between the parties, neither of which is an undertaking with a significant
market power on the relevant market, is giving rise to the investigation, about which
accept, decline, or a referral to another authority, the authority shall inform the
the petitioner, without issuing a decision.
Section 2
Decision-making participation disputes
§ 129
(1) the authority shall decide disputes between the person performing the communication activity
(section 7) on one side, and the participant, or by the user on the
the second, on the basis of the design of any of the parties to the dispute, if the dispute concerns
the obligations imposed by law or on the basis of. The Office also
disputes in cases where the persons performing side
communication activities (§ 7) or the participant, or the user has
change to another person, especially due to the assignment of a receivable, the receipt
debt, accession to the commitment ^ 49a). Submission of the proposal shall be subject to an administrative
of the fee. The deadline for a decision is 4 months, in particular
complex cases, 6 months.
(2) proposal for a decision of the dispute referred to in paragraph 1, which refers to the
the obligations of the participant, or the user, relative performance,
the Office served on an electronic form. Forms design and patterns
technical requirements of use laid down detailed legislation.
The Office shall make available the forms in a manner allowing remote access.
(3) if the entrepreneur does not comply with providing publicly available services
electronic communications complaint filed pursuant to § 64 para. 7 to 9, is
the participant, or the user is entitled to submit to the Office a proposal to begin
objections against the claim without undue delay,
no later than one month from the receipt of the complaint or
fruitless expiry of the deadline for its execution (§ 64 para. 10), otherwise the right
claim shall be extinguished. The filing of the objection is without prejudice to the obligation referred to in
§ 64 para. 1, the Office is, however, in justified cases, be entitled to, at the request
Subscriber or user may decide that the filing of objections
the obligation pursuant to § 64 para. 1 be deferred until a decision on the
the opposition. The decision cannot be appealed. The authority shall grant compensation
the costs in full to the participant in the event, it was for the
the behavior of the other party to the proceedings taken back the proposal, which was a participant in the
given reasonably.
(4) the authority shall grant a party that had a full success,
reimbursement of the costs needed to effective application of the defence of a right or
against the party, which had been unsuccessful. If the participant
proceedings in respect of only a partial success, the Office may pay the costs of relatively
split, or decide that none of the parties has
pay the costs of the right. Even though he had a party in the case only
part, he may grant a full Office to pay the costs, if he had
in a relatively small part of the failure or if the decision depended on the amount of
the performance of the expert report or at the discretion of the authority.
(5) the resolution of the dispute in accordance with paragraph 2 of the arbitration agreement can be arranged according to the
the law on arbitration and the enforcement of arbitral awards.
(6) For service in the proceedings referred to in paragraphs 1 to 4 shall apply mutatis mutandis
the provisions of the special law governing the procedure of the Court and the participants in the
civil procedure ^ 58).
Part 3
Consultation
§ 130
Consultations with stakeholders
(1) the authority shall, in the exercise of their jurisdiction, consult
and proposals for measures of a general nature) and the decision on the price
(b) having a significant effect) for a decision on the relevant market,
(c)) other acts of the Office, establishes an obligation to consult the law,
(hereinafter referred to as ' measures ') with the relevant bodies, in particular with associations
end users and consumers, including those with disabilities, and
associations of producers and entrepreneurs providing network or providing
electronic communications services, in the form of public consultation.
The purpose of the consultations is, in accordance with the fulfilment of the principles of transparency and
objectivity, obtaining their comments, opinions and the opinions of the parties concerned
the draft of the measures taken by the authority.
(2) consultations under paragraph 1 shall not apply to disputes
under this Act.
(3) if the proposed measures of protection of competition, the Office
It is in the framework of the consultations referred to in paragraph 1 shall consult with the Office for the
the protection of competition, if the radio or tv
the broadcast, also with the Council for radio and television broadcasting, and
If the protection of personal data, also with the Office for the protection of
of personal data.
(4) with the Ministry of the Office is obliged, under the consultations referred to in paragraph 1
consult the proposed measures in cases where it's the Ministry of
will require.
(5) for the purposes of public consultation in accordance with paragraph 1, the authority shall establish and
manages discussion where manner allowing remote access
exposes the proposals for measures, allows the submission of comments and
publishes the result of the consultation.
(6) the authority shall be to the draft measure may anyone whose rights, duties,
or interests may be directly affected by the measure, express way according to the
paragraph 8 or apply the written comments to the Office within one month from the date of
the publication of the proposal. If there is a risk of delay, the Office is entitled to this
for a reasonably trim. The time limit for the application of the comments, however, may not be
less than 5 working days.
(7) the results of the public consultation, including the settlement of the comments, the Office
the electronic notice board shall publish within 1 month from the expiry of the period for
the submission of comments.
(8) the authority shall lay down the rules for the conduct of consultations on a discussion site
in accordance with paragraph 5.
§ 131
Consultation with the Commission and other Member States
(1) If an action under section 51, 52, 59, 79, 80 and 84 will affect trade between
the Member States, the authority the proposal measures together with a justification after
consultation under section 130 shall make available to the Commission, BEREC and
the regulatory authorities of the other Member States. If they are part of the design
measure the facts that are the subject of a trade secret, the Office
These facts are as follows.
(2) the authority shall take into account as far as possible the comments of regulators
the other Member States and the Commission, BEREC shall, if they have been submitted in
the period within 1 month after the notification referred to in paragraph 1.
(3) if the proposed measures referred to in paragraph 1, whose subject is
define the relevant market, or mark the undertaking as an undertaking having
separately or jointly with other undertakings enjoying significant market power, under
opinion of the Commission has created a barrier to the single market or where the Commission has
serious doubts as to its compatibility with the legislation of the European
Union, in particular with the objectives set out in section 5, the Office shall postpone the adoption of this
measures and will wait for the decision of the Commission. Where the Commission, within two months from the end of
the time limit referred to in paragraph 2 of the decision, the Office is entitled to the proposed
to take action. If the Commission decides that the draft measures need to
take it back, the authority to withdraw a draft measure, and within six months from the date of
the release of the Commission decision to amend or decide on the termination of the proceeding. In
If the measure is changed, the Office will carry out public consultation and
It shall proceed in accordance with paragraph 1.
(4) if the proposed measures referred to in § 51 para. 3 or § 79 paragraph 2.
2 according to the opinion of the Commission has created a barrier to the single market or the
where the Commission has serious doubts as to its compatibility with the legislation
The European Union, in particular with the objectives set out in section 5, the Office shall postpone the adoption of the
This measure. The Office of the following 3 months following the notification of the opinion
The Commission shall cooperate with the Commission and BEREC, to adjust the measures with
regard to the objectives referred to in § 5. If within this period the Commission shall issue
the recommendation, which calls for the authority to amend or withdraw,
or the decision to withdraw their reservations, to the Office within one month from its release
receives the resulting measures and shall inform the Commission of their acceptance. This period can be
to extend that authority to carry out a public consultation pursuant to section
130. If the resulting measure departs from the recommendations of the Commission, Office of the
your reasons for objecting to the procedure.
(5) the Office shall communicate to the Commission and BEREC each received the measures referred
to in paragraph 1.
(6) in the case of the urgent need to act in the interest of protection of
competition and protect the interests of users, the Office is authorized in accordance with the principle of
of proportionality to take measures by way of derogation from the procedure provided for in paragraphs 1
up to 3. The effect of this measure is limited to a maximum period of 2 months.
The Office shall provide the measures immediately after its adoption, in accordance with the
paragraph 1, and with the reasons for the exclusion of the needs of the procedure referred to in paragraphs 1
up to 3, the Commission, BEREC and the regulatory authorities of the other Member
States. The authority shall, with regard to the comments of the Commission, BEREC shall, or
the regulatory authorities of other Member States in accordance with paragraphs 2 and 3, measures
Cancel, change, or extend the period of its validity.
TITLE IX OF THE
Common, transitional and final provisions
§ 132
(1) the provisions of this law shall apply, unless otherwise provided by international
the contract, which the Czech Republic is bound and which was proclaimed in the
The collection of laws, or in the collection of international treaties, otherwise.
(2) when issuing the measures of a general nature under this Act shall, from the date
the acquisition of the efficiency of the process according to the provisions of the administrative code of
the issue of measures of a general nature.
§ 133
Fees
(1) the authority shall assess, select and recover
and administrative fees)
(b)) the fees for the right to use radio frequencies (section 24),
(c)) the fees for the right to use numbers (§ 37).
(2) the fees referred to in paragraph 1 (b). and) and c) are receiving State
the budget of the United States. Fees referred to in paragraph 1 (b). (b)) are
income of the State budget of the Czech Republic and the radio account
the ratio that the Government Regulation.
§ 134
(1) the Ministry of the Interior, the Czech Statistical Office or the police of the Czech
the Republic provides the authority for the purposes of the exercise of State administration
and from the base) a reference population register,
(b)) the data from the agendového information system of population register,
(c)) the data from the agendového information system for foreigners,
(d)) a reference from the register of persons.
(2) Information Provided pursuant to paragraph 1. and) are
and) surname,
(b) the name or names),
(c)) of the date, place and County of birth; for the data subject, who was born in
abroad, the date, place and the State where he was born,
(d) the address of the place of stay), and the address to which they are to be
documents can be delivered by a special legal regulation,
(e)) of the date, place and County of death; in the case of the death of the data subject outside the territory
The United States, date of death and the State on whose territory the death occurred;
If it is issued the Court's decision on the Declaration of death, the date that is in the
decisions listed as the day of death or the date on which the data subject
declared dead survivors
f) nationality, or more of State citizenship,
g) numbers electronically readable ID ^ 50),
(h) the establishment of a data record) of the Clipboard and the identifier of the data boxes,
If the data box is made available.
(3) Information Provided pursuant to paragraph 1. (b)) are
and) the name or name, surname, maiden name, including previous
last name,
(b) the social security number),
c) gender,
(d) the address of the place of residence), including previous address space
permanent residence or the address to which they are to be delivered
documents under a special legal regulation,
e) deprivation or limitation of competence to perform legal acts, including data
led by the guardian,
(f)) the origin of the residence, where appropriate, the cancellation date data on the place of
permanent residence or the date of their permanent residence in the territory of the United
Republic,
(g)) the name or name, last name, social security number, father, mother, or
another legal representative; in the case that one of the parents or other
the legal representative is not assigned a social security number, name, or names,
name, date of birth; If other legal representative of the child
a legal person, the name and address of the registered office,
h) the name or name, last name, social security number, a husband, or
the registered partner; If the husband, or the registered partner
an individual who has assigned a social security number, name, or
name, surname of the spouse or registered partner, and the date of its
birth,
I) name or name, last name, social security number of the child; If the stranger,
that has not been granted social security number, name, or names, last name
the child and his date of birth.
(4) Information Provided pursuant to paragraph 1. (c)) are
and the name or names), surname, maiden name,
(b)), social security number, if assigned,
c) gender,
(d)) the type and address of the place of stay, where appropriate, the address to which they are to be
documents can be delivered by a special legal regulation ^ 51),
e) number and the validity of the residence permit,
(f) the beginning of the stay, if applicable), date of their stay on the territory of the United
Republic,
g) deprivation or restriction of legal capacity.
(5) the data which are kept as reference data in the principal registry
the population recovered from the agendového information system registration
of the population or agendového information system for foreigners only if they are
in the shape of the previous status quo.
(6) Information Provided pursuant to paragraph 1. (d))
and the business name or name) of a legal person, or the name or
name and surname of the entrepreneurial natural persons
(b)) date of or the date of registration in the register in accordance with special laws,
regulations,
(c)) date of disappearance or the date of the removal from the register under special laws
regulations,
(d)) the legal form,
(e) the establishment of a data record) of the Clipboard and the identifier of the data boxes,
If the data box available,
(f)) statutory authority expressed the reference bound to the registry of the population
or on the register of the persons or the indication of the name or names, last name
and residence for foreign natural persons,
g) legal status,
h) registered address of the legal person or the business address of the physical
the person in the form of the reference links (code address space) on the reference
the indication of the address in the register of territorial identification.
(7) of the provided data that can be used in a particular case only
such data, which are necessary for the performance of the task.
section 134a
(1) the Ministry of the Interior provides the authority for the purposes of the exercise of State administration
from the records of civil certificates ^ 52)
and) the name or names, the family name of the citizen,
(b) the number, or a series of) identity card,
(c)) date of issue of identity card and the date of issue of earlier civil
licences,
(d)) indicate the Office which issued the identity card,
e) expiry date of ID card and date of
the validity of previous civil licences
(f)), or a series of numbers of lost, stolen or invalid
civil certificates and the date of the notification of loss or theft of the civil
the card,
g) social security number.
(2) the data provided can be used in a particular case only
such data, which are necessary for the performance of the task. The data are
provide in electronic form in a manner allowing remote access.
§ 135
cancelled
Transitional provisions
§ 136
(1) unless otherwise indicated, is subject to this Act and the legal relationships in the
electronic communications arising under the laws of
valid until the date of entry into force of this Act.
(2) for infringements that occurred before the date of entry into force of
of this Act and which meets the characters of the infringement also
This Act may be imposed a fine according to the rates provided for in the regulations
valid until the date of entry into force of this Act, unless the rates according to
This law more favourable.
(3) the proceedings initiated and the unfinished before the date of entry into force of this
the Act completes the administrative authorities, which initiated the proceedings, in accordance with the existing
legislation. The Office may suspend the proceedings in cases of access
undertaken at the initiative of the Office before the date of entry into force of this Act
only with the consent of all the parties.
(4) the proceedings initiated before the date of entry into force of this Act, which
regard to the provisions of this Act do not need to be completed, the Office on the date of
entry into force of this law will stop.
(5) Telecommunications licences issued under Act No. 151/2000 Coll., on the
telecommunications and amending other laws, as amended
the provisions are valid within 1 month from the date of coming into effect
measures of a general nature about the general permissions that modifies the
the respective communication activity.
(6) the authority shall grant the assignment of radio frequencies, that contains in a
same extent as the same rights and obligations that apply to these
radio frequencies and telecommunications are set out in the applicable
licences issued under the earlier law, not later than
within 3 months from the date of entry into force of this Act.
(7) the certificate of registration issued pursuant to Act No. 151/2000 Coll., on the
telecommunications and amending other laws, as amended
the provisions are valid within 1 month from the date of coming into effect
measures of a general nature about the general permissions that modifies the
the respective communication activity.
(8) the general licence issued pursuant to Act No. 151/2000 Coll., on the
telecommunications and amending other laws, as amended
regulations, shall be considered as the general authorisation under this Act until the
the time of release of the new general permission, but no longer than 6 months from the date of
entry into force of this Act.
(9) the authority is obliged to issue a general permission in accordance with § 9 to 5 months from the
the effective date of this Act.
(10) the operators of public telecommunications networks and entrepreneurs
providing telecommunications services, who carry out telecommunication
activity based on telecommunications licence or certificate of registration
According to the general licence, are obliged to fulfil the obligation of notification under
§ 13 not later than one month from the date of issue of a general permission.
(11) the authorisation for the operation of broadcasting of radio equipment and the decision
on the allocation of numbers issued under Act No. 151/2000 Coll., on the
telecommunications and amending other laws, as amended
the regulations shall remain in force pending therein, with the exception of
the part concerning the amount of fees for allocated frequencies or numbers in them
referred to; This part of the authorisation or decision shall expire on
entry into force of this Act. The authorisation or decision of a
consider the use of radio frequencies, or permission to
the use of numbers under this Act. Authorisation for the operation of broadcasting
radio equipment for the amateur radio service issued pursuant to
the existing legislation shall be considered as individual permissions to
the use of radio frequencies and class operators.
(12) Frequency and numbering plans plans issued under Act No. 151/2000
Coll. on telecommunications and amending other laws, as amended
the regulations shall remain in force until the release of the relevant implementing
regulations under section 16(1). 1 and section 29 para. 4 and the measures of a general nature
According to § 16 para. 2.
(13) the Entrepreneurs providing a public communications network shall be required, within 2
months from the date of entry into force of this Act, notify the authority and publish
manner allowing remote access interface types and their technical
specifications, which provide for the connection of the devices. Technical
the specification must be processed in the manner prescribed in § 73 para. 9.
(14) an entrepreneur providing public mobile telephone network must
the obligation referred to in section 34 to meet no later than 6 months from the date of acquisition
the effectiveness of the measures of a general nature to specify the technical conditions. The Office of the
must give the measures of a general nature according to § 34 paragraph 1. 4 within 2 months
from the date of entry into force of this Act.
(15) the validity of the licence to operate a broadcasting
radio equipment, with the exception of licences for the operation of broadcasting radio
equipment for the amateur radio service, issued in accordance with
the existing legislation does not change. Special eligibility cards
for the operation of broadcasting of radio equipment for the amateur
radiocommunications service issued pursuant to the existing legislation
(hereinafter referred to as "OM who open the card") shall expire on 30 April 2005. April
2007. the Office will replace the card within this period OM who open on request
the holder of such a licence for licence proficiency HAREC.
(16) the trade licence issued for the licensed trade
"The provision of telecommunications services" expires on the date when the person on the
the basis of business, announced the execution of communication activities under section
13 this Act, not later than the expiration of 1 year from the date on which the
the effectiveness of this Act.
(17) the proceedings for the issue of a trade licence for the tied business
"The provision of telecommunications services", initiated before the date of the acquisition of
the effectiveness of this law, and to this day the unfinished plant.
(18) if the licensee Gave to operate a radio or television
broadcast agreement to grant authorisation for the operation of broadcasting radio
the device according to the previous legislation or agreement to grant radio
frequencies, in the range of the file of technical parameters set out in its
the network operator license, intended for the propagation and transmission of radio and
tv, has the right to allocate these frequencies by the Office in
If the contractual relationship between it and the network operator. This
right belongs to the licensee during the term of its licence, as
It is established on the date of entry into force of this Act.
(19) the body which collects personal data of participants in order for the
the list of participants, is obliged to inform participants of the fixed or mobile
publicly available telephone services, whose personal data have been provided in the
list of participants issued before the date of entry into force of this Act,
their permissions referred to in § 95 para. 1 and 2. This body is
shall, not later than 2 months from the date of entry into force of this Act
inquire of the participants concerned, whether they can keep their personal information
listed in this list. In the event that the participant will request a change
or deletion of these data, it is referred to body shall without delay
free of charge. As regards lists of printed or
electronic format on the data medium, which already have been released, the following
obligation of that body for the nearest list is updated.
(20) if the special legislation the provisions of
and telecommunications operation) it is understood that the message being transmitted
This law,
(b) data on telecommunications traffic), it refers to the operational and
location data related to the message transmitted under this Act,
c) telecommunications, this means the electronic service
communications under this Act,
d) telecommunications network shall mean an electronic communications network
under this Act.
§ 137
(1) the authority shall carry out a first analysis of all parts of the market
electronic communications procedure provided for in § 51, so that can be detected
the status of the relevant markets in accordance with § 52 para. 1, or other markets according to
§ 52 para. 2. the authority in this analysis uses the consultation procedures under §
130 and 131 and the publication follows the section 125. The Office is obliged to
close this analysis no later than 9 months from the date of entry into force of
of this Act.
(2) not later than 12 months from the date of entry into force of this law is to
The authority shall, on the basis of the analysis referred to in paragraph 1 to examine the obligations of the
licensees with significant market share retained by the existing
law, decide to keep these obligations, their
change or cancellation, and to decide on the imposition of the duties referred to in § 51
undertakings with significant market power.
(3) in the context of the analysis referred to in paragraph 1, the Office shall examine whether the conditions on the market
they are not in the area of end-user prices significantly deformed
cross-financing public telephone service provided by the undertaking with a
significant market power through public fixed telecommunications
the network. In case of detection of such distortions of prices will save the authority decision
the person concerned of the obligation under section 51 in order to correct the Office
the observed status within 1 year from the date of entry into force of this
decisions of the Office.
§ 138
(1) the provider of a public telecommunications service rental
telecommunications circuits, which was based on a telecommunications license
granted under Act No. 151/2000 Coll. on telecommunications and amending
other laws, as amended, shall be obliged to provide this
the service at the date of entry into force of this law, is obliged to provide it
continue until the release of the decision of the authority under section 137 para. 2. This service
provides for the conditions and to the extent established by law,
regulations, unless this Act provides otherwise.
(2) the provider of a public telecommunications service rental
telecommunications lines referred to in paragraph 1 shall keep a separate
register the cost, sales and revenue in accordance with the approved methodology in accordance with the
the Authority's measures issued pursuant to law No. 151/2000 Coll., on the
telecommunications and amending other laws, as amended
regulations, and submit to the Authority an annual report on the evolution of the costs, revenues,
revenue and profitability, including capital within the time limit laid down
Office until the release of the decision of the authority under section 137 para. 2.
§ 139
(1) access to the network, a special network access, link
networks and unbundling the local loop closed under Act No.
151/2000 Coll. on telecommunications and amending other laws, as amended by
amended, remain in force, unless the parties
agree otherwise. This agreement shall be construed as a contract concluded by the
of this Act.
(2) until the release of the decision of the authority under section 137 para. 2 the operator is
the public telecommunications networks and public telecommunications provider
the service, which was before the date of entry into force of this Act is marked
as a body with a significant market share, obliged to provide
access or interconnection or unbundled access to comply with the
the existing obligations for access to the network, networking and
unbundled access provided for under Act No. 151/2000
Coll. on telecommunications and amending other laws, as amended
regulations. This is a
and the obligation of non-discrimination),
(b)) the obligation to provide the Office entered into an agreement about the linking of networks or
access to the network for the purpose of its publication,
(c) the authority and the obligation to notify) to publish in the telecommunications journal
the reference offer interconnection and unbundling the local loop and the
(d)) the obligation to keep separate records of costs, revenues and earnings by
in accordance with the approved methodology measures the authority issued pursuant to law No.
151/2000 Coll. on telecommunications and amending other laws, as amended by
amended, and to submit to the Authority an annual report on the development of the costs
sales, revenues and profitability, including capital employed within the time limit
fixed by the Office.
§ 140
The operator of fixed public telecommunications networks, which was, at the date
entry into force of this law shall in its network according to the numbering
plan to enable their subscribers to access the services of any with
those networks of interconnected provider of public telecommunications
services, in addition to the rental service, both in the form of setting
preset numbers, short numbers for each individual choice
call, is obliged to provide those services, at least until the release of the
decisions of the Office pursuant to § 137 para. 2.
§ 141
cancelled
§ 142
(1) Measures the Czech Telecommunications Office issued pursuant to law No.
151/2000 Coll. on telecommunications and amending other laws, as amended by
amended, remain in force for 12 months from the date of acquisition
the effectiveness of this law, unless this Act provides otherwise.
(2) decisions issued pursuant to Act No. 151/2000 Coll., on the
telecommunications and amending other laws, as amended
regulations, shall remain in force until the release of the relevant decision
about the price (§ 57 to 59) Authority, but within 12 months from the date of acquisition
the effectiveness of this Act. This decision on the price is for a period of 12
months from the date of entry into force of this Act shall be entitled to be issued without
previous market analysis. In this case, however, it is their effectiveness
limited no later than the time of delivery of the decision on the imposition of obligations on undertakings
with significant market power pursuant to § 137 para. 2.
(3) the contract and issued general conditions for the supply
the public telecommunications services pursuant to Act No. 151/2000 Coll., on the
telecommunications and amending other laws, as amended
regulations, shall be deemed to contract and general terms and conditions issued by the
under this Act.
(4) If a contract for the provision of public telecommunications services
in paragraph 3, is not in accordance with the provisions of this Act, is an entrepreneur
required to bring it into line with them no later than 4 months after the date of
entry into force of this Act.
(5) if the terms and conditions referred to in paragraph 2 are not in accordance with the
the provisions of this law, is obliged to entrepreneur is brought into line with
the provisions of this law within 4 months from the date of the acquisition of its effectiveness.
§ 143
(1) Universal Service Provider, which was obliged to provide this
service under Act No. 151/2000 Coll. on telecommunications and amending
other laws, as amended, shall be obliged to provide
This service after the effective date of this Act to the extent and for the
conditions according to the existing legislation. The obligation to provide
universal service lasts until such time as the authority shall decide, in accordance with paragraph 2.
(2) the authority shall within 6 months from the date of entry into force of this Act shall,
whether the provision of universal service, including affordability, is in
accordance with the provisions of title III of part 6; not later than 9 months from the date of
entry into force of this Act, the authority will save by decision of the obligations
provide partial services, pursuant to section 39.
(3) Universal Service Provider referred to in paragraph 1 shall be obliged to
keep separate records of costs, revenues and proceeds according to the approved
methodology in accordance with the measures issued by the Authority pursuant to Act No. 151/2000
Coll. on telecommunications and amending other laws, as amended
regulations, and submit to the Authority an annual report on the evolution of the costs, revenues,
revenue and profitability, including capital within the time limit laid down
By the authority.
(4) the Universal Service Provider referred to in paragraph 1 shall be obliged to
submit to the Office within 4 months after the determination of a new provider by
paragraph 2 of the statement of provable loss calculated in accordance with law No.
151/2000 Coll. on telecommunications and amending other laws, as amended by
amended. The provider shall be entitled to reimbursement of the provable
the loss in the year in which this law came into effect, and that for the period to
time of the decision of the authority referred to in paragraph 2. This provider is obliged to
allow the amount of provable loss in the manner specified in the
the existing legislation. To the above demonstrable loss
entrepreneurs are required to contribute, who were in the corresponding period
holders of a telecommunications licence. The calculation of the share, and the payments are governed by the
the provisions of the legislation in force before the effective date of this Act.
§ 144
Provider of a publicly available, telex and telegraph services
obliged to provide these services in accordance with Act No. 151/2000 Coll., on the
telecommunications and amending other laws, as amended
law, is obliged to provide those services by the end of 2005.
§ 145
(1) an entrepreneur providing service spread and transmission of radio and
tv signal, which was based on a telecommunications license
granted under Act No. 151/2000 Coll. on telecommunications and amending
other laws, as amended, shall be obliged to provide these
the service at the date of entry into force of this law, is obliged to provide
still, at least until the release of the decision of the authority under section 137 para. 2.
These services are provided under the conditions and within the limits set by the previous
law, unless this Act provides otherwise.
(2) if the trader referred to in paragraph 1 shall keep a separate record of
costs, sales and earnings in accordance with the approved methodology in accordance with the measure
The authority issued pursuant to Act No. 151/2000 Coll. on telecommunications and on
change other laws, as amended, and to submit to the Office of
annual report on the development, cost of sales, revenues and profitability, including
capital employed within the time limit specified by the authority is obliged to this obligation
in the time of the decision of the authority under section 137 para. 2.
§ 146
The authority shall within 1 month from the date of entry into force of this Act shall establish
radio communications account. Authority within 6 months from the date of entry into force of this
the law shall establish the database pursuant to § 14, 15 and 28.
§ 147
(1) easement arising before the date of entry into force of this Act, and
other agreements, including agreements on compensation for the restrictions of ownership rights,
for the performance of the permission pursuant to § 90 para. 1 (b). a) and b) of law No.
151/2000 Coll. on telecommunications and amending other laws, as amended by
amended, concluded before the date of entry into force of this Act
shall remain unaffected.
(2) If before the date of entry into force of this law between
entrepreneur and the owner of the property to the agreement for the performance of the permissions
pursuant to § 90 para. 1 (b). a) and b) of Act No. 151/2000 Coll. and the agreement on
compensation for restriction of ownership rights, shall decide on the establishment of a substantive
the burden of the expropriation and the amount of compensation authority under this Act, if
with the power of privilege has not been started.
(3) was established for the benefit of entrepreneurs to ensure public
communication network, who have carried out the construction of a public communications network
before the entry into force of this Act, the real burden to pursue permissions
pursuant to § 90 para. 1 (b). a) and b) of Act No. 151/2000 Coll., or
If such a real burden for entrepreneurs that authorisation
pursuant to § 90 para. 1 (b). a) and b) of Act No. 151/2000 Coll. or section 104
paragraph. 1 (b). a) and b) of this Act after the effective date of this Act,
moving permissions from such easements and public to the transferee
communications network or a part thereof if they are holders of entrepreneurs
providing a public communications network, and regardless of the fact
whether the assignee public communications network were before or after the acquisition of the
the effectiveness of this Act.
(4) Permission of the easements referred to in paragraph 3 creates an acquirer
public communications networks
at the time of a) easements, easements arise after
entry into force of this Act and if there is no later than the time when the
easement to convert a public communications network to the transferee,
(b)) at the time of entry into force of this Act, if the easement was created
before the entry into force of this Act and if at the same time before the acquisition
the effectiveness of this Act and to the transfer of public communications networks in the
the transferee,
(c)) at the time the acquisition of a public communications network by the transferee, if
public communications network is converted to the transferee until after the establishment of the factual
load and after entry into force of this Act.
§ 148
On the date of entry into force of this Act
and) Czech Telecommunication Office set up by law No.
151/2000 Coll. on telecommunications and amending other laws, as amended by
amended,
(b)) the rights and obligations of labor and other relations of
The Czech Telecommunications Office established pursuant to Act No. 151/2000 Coll.
on telecommunications, and amending other laws, as amended
the regulations, to the Office,
(c) the competent Authority) is to manage the property of the State with which to this day
managed the Czech Telecommunications Authority set up pursuant to Act No. 151/2000
Coll. on telecommunications and amending other laws, as amended
regulations.
§ 149
(1) after the date of entry into force of this Act, the Government shall appoint one member of the
The Council of the authority on 1 year, 2 years, one on one for 3 years, one of the 4
years and one to five years.
(2) where this Act provides otherwise, the members of the Council are subject to the
the provisions of the labour code, up to the effective date of service
the law.
Final provisions
§ 150
A mandate
(1) the Government issues regulations to implement section 24 para. 5, § 27 para. 8, § 37
paragraph. 2, § 38 paragraph 1(a). 8, § 43 para. 5, § 133 paragraph 2. 2.
(2) the Ministry shall issue a decree to implement section 16(1). 1, 7 and 8, section 26
paragraph. 5, § 29 para. 4, § 40 paragraph 2. 7, § 43 para. 3, § 47 para. 5, § 48
paragraph. 7, § 53 para. 4, § 80 para. 3, § 113 paragraph. 8 and § 126 paragraph. 3.
(3) the Ministry shall issue, in cooperation with the Ministry of the Interior Decree to
the implementation of § 33 para. 9 and § 97 para. 4.
(4) the Ministry of the Interior issues a decree for the implementation of § 97 para. 5 and 9.
(5) the Office shall issue a decree to implement section 33 para. 4, § 44 para. 5, section 63
paragraph. 3, § 64 para. 13, § 97 para. 7 and 12, § 98 para. 4, § 99 paragraph 2. 1,
section 113 para. 6 and 7 and article 129 paragraph. 2.
(6) the Office for the protection of personal data may issue a decree to implement section
88 para. 7.
§ 151
Shall be repealed:
1. Act No. 151/2000 Coll. on telecommunications and amending other laws.
2. Government Regulation No. 181/2000 Coll., laying down the amount of the fees for the
the allocated frequencies and the numbers assigned.
3. Decree No 182/2000 Coll., on the approval mark for telecommunications
Terminal and radio equipment.
4. Decree No. 195/2000 Coll., on technical conditions for connection and
operation of equipment for eavesdropping and recording of telecommunications
operation.
5. Decree No. 195/2000 Coll., laying down the types and characteristics
endpoints and the interface of the public telecommunications network.
6. Decree No. 196/2000 Coll., laying down the characteristics,
parameters and indicators of the quality of the services provided under the universal
holders of a telecommunications service licence.
7. Decree No. 195/2000 Coll., on the scope of the lease of telecommunications
circuits and their technical parameters.
8. Decree No. 198/2000 Coll., on the elements of the proposal on the conclusion of the contract
about interconnection and access to the network and the technical and operational conditions
access to the network and connecting networks and connections of non-public
telecommunications networks to public telecommunications networks.
9. the Decree No. 199/2000 Coll. on the method of proof of financial
competence to carry out telecommunication activities.
10. Ordinance No. 200/2000 Coll., on the way of making a call brands, their
use and about the kinds of radio service for which they are
required.
11. Decree No. 201/2000 Coll., on technical and operational conditions
the amateur radio services.
12. Decree No. 202/2000 Coll., on the constituent parts of the application to the test to
the demonstration of a specific competence, to guide broadcasting radio
the device, about the extent of knowledge required for each type of special
competence, about how to conduct the tests, about the types of certificates
competence and their term of validity.
13. Decree No 92/2001 Coll., laying down a list of specially
equipped with Terminal telephone equipment.
14. Decree No. 235/2001 Coll., laying down the details of the calculation and
payment of demonstrable loss of the provision of universal service by the holder
telecommunications licences.
PART TWO
Amendment of the Act on water supply and sewerage networks
§ 152
In Act No. 273/2001 Coll., on the public water supply and sewerage Act
the need for, and on amendments to certain acts (the Act on water supplies and sewerage Act),
as amended by Act No. 320/2002 Coll., Act No. 274/2003 Coll., Act No.
20/2004 Coll. and Act No. 167/2004 Coll., part five shall be deleted.
PART THREE
Changing the law amending certain laws in connection with the adoption of the
Code of civil procedure of the administrative
§ 153
In the Act No. 151/2002 Coll., amending certain laws in relation to
the adoption of the code of civil procedure of administrative, as amended by Act No. 435/2004 Coll.,
part twelve repealed.
PART FOUR
Amendment of the Act amending the Act on technical requirements for products
§ 154
Law No 204/2002 Coll., amending Act No. 22/1997 Coll., on
technical requirements for products and amending and supplementing certain
laws, as amended, and some other laws, is part of the
the third is deleted.
PART FIVE
Amendment of the Act on the amendment of the laws relating to the adoption of the law
§ 155
In the Act No. 309/2002 Coll., amending the laws relating to the adoption of the
the Act on the service of civil servants in administrative authorities and
the remuneration of these staff, and other employees in administrative
offices (business law), as amended by Act No. 123/2003 Coll., Act No.
274/2003 Coll., Act No. 281/2003 Coll., Act No. 361/2003 Coll., Act No.
424/2003 Coll., Act No. 186/2004 Coll., the Act No. 326/2004 Coll., Act No.
436/2004 Coll., Act No. 501/2004 Coll. and Act No. 626/2004 Coll., is part of the
twenty-four deleted.
PART SIX
Changing the law, implementing some of the measures in the system
Central Government bodies and amending some laws
§ 156
In the law No. 517/2002 Coll., implementing certain measures in
the system of Central Government bodies and amending certain laws, as
amended by Act No. 41/2004 Coll., part six shall be deleted.
PART SEVEN
Amendment of the Act amending the law on telecommunications
§ 157
In Act No 227/2003 Coll., amending Act No. 151/2000 Coll., on the
telecommunications and amending other laws, as amended
regulations, and Act No. 29/2000 Coll. on postal services and amending
Some laws (the law on postal services), as amended by Act No.
517/2002 Coll., is part of the first deleted.
PART EIGHT
Amendment of the Act on the prison service and judicial guard of the Czech Republic
§ 158
In Act No 436/2003 Coll., amending Act No. 555/1992 Coll., on the
The prison service and judicial guard of the Czech Republic, as amended
regulations, and some other laws, with part four shall be deleted.
PART NINE
Amendment of the Act, amending certain laws related to the area
of population register
§ 159
In Act No 53/2004 Coll., amending certain laws related to
areas of population register, part eleven deleted.
PART TEN
Amendment of the Act amending the Trade Act
§ 160
In the Act No. 167/2004 Coll., amending Act No. 455/1991 Coll., on the
trades (Trade Act), as amended
regulations, and some related acts, with part four shall be deleted.
PART ELEVEN
Changing the law on trades
§ 161
Act No. 455/1991 Coll., on trades (Trade Act),
as amended by Act No. 234/1992 Coll., Act No. 586/1992 Coll., Act No.
600/1992 Coll., Act No. 273/1993 Coll., Act No. 303/1993 Coll., Act No.
38/1994 Coll., Act No. 42/1994 Coll., Act No. 133/1994 Coll., Act No.
200/1994 Coll., Act No. 237/1995 Coll., Act No. 283/1995 Coll., Act No.
94/1996 Coll., Act No. 95/1996 Coll., Act No. 147/1996 Coll., Act No.
19/1997 Coll., Act No. 49/1997 Coll., Act No. 61/1997 Coll., Act No.
79/1997 Coll., Act No. 217/1997 Coll., Act No. 277/1997 Coll., Act No.
15/1998 Coll., Act No. 82/1998 Coll., Act No. 157/1998 Coll., Act No.
167/1998 Coll., Act No. 159/1999 Coll., Act No. 359/1999 Coll., Act No.
363/1999 Coll., Act No. 360/1999 Coll., Act No. 363/1999 Coll., Act No.
27/2000 Coll., Act No. 29/2000 Coll., Act No. 121/2000 Coll., Act No.
122/2000 Coll., Act No. 121/2000 Coll., Act No. 128/2000 Coll., Act No.
149/2000 Coll., Act No. 151/2000 Coll., Act No. 155/2000 Coll., Act No.
247/2000 Coll., Act No. 247/2000 Coll., Act No. 258/2000 Coll., Act No.
308/2000 Coll., Act No. 367/2000 Coll., Act No. 406/2000 Coll., Act No.
458/2000 Coll., Act No. 61/2001 Coll., Act No. 100/2001 Coll., Act No.
120/2001 Coll., Act No. 164/2001 Coll., Act No. 257/2001 Coll., Act No.
273/2001 Coll., Act No. 477/2001 Coll., Act No. 483/2001 Coll., Act No.
501/2001 Coll., Act No. 86/2002 Coll., Act No. 119/2002 Coll., Act No.
174/2002 Coll., Act No. 281/2002 Coll., Act No. 312/2002 Coll., Act No.
320/2002 Coll., Constitutional Court declared under no. 476/2002 Coll.
Act No. 88/2003 Coll., Act No. 130/2003 Coll., Act No. 162/2003 Coll.
Law No 224/2003 Coll., Act No. 228/2003 Coll., Act No. 274/2003 Coll.
Act No. 356/2003 Coll., Act No. 441/2003 Coll., Act No. 38/2004 Coll.,
Act No. 119/2004 Coll., Act No. 167/2004 Coll., Act No. 256/2004 Coll.,
Act No. 326/2004 Coll., Act No. 499/2004 Coll. and Act No. 695/2004
Coll., is amended as follows:
1. In article 3, paragraph 3. 3 letter i) including footnote # 19 is added:
"i) carrying out communication activities under a special legal
prescription, ^ 19)
19) Act No. 127/2005 Coll., on electronic communications and amending
some related laws (Act on electronic communications). ".
2. in annex No. 2 GROUP 205: electrical appliances, the text
"The provision of telecommunications services" is deleted.
PART TWELVE
Amendment of the Act on the competences of the authorities of the Czech Republic in the area of prices
§ 162
In section 2b of the Act No. 266/1991 Coll., on the scope of the authorities of the Czech Republic
prices, as amended by Act No. 135/1994 Coll., Act No. 151/2000 Coll. and
Act No. 320/2002 Coll., paragraph 2 reads as follows:
"(2) the Czech Telecommunication Office carries out responsibilities in applying,
regulate and control the prices of postal services abroad and the services
related to the provision of postal services abroad and
foreign postal services. "^ 1") the Ministry shall not exercise competence
in the application, regulation, negotiation, and control the prices in the area
electronic communications ".
PART THIRTEEN
The change law of crisis
§ 163
Act No. 240/2000 Coll., on crisis management and amending certain acts
(emergency law), as amended by Act No. 320/2002 Coll., is amended as follows:
1. In paragraph 12, the words in the title "and" shall be deleted and paragraph 1 shall read:
"(1) the Ministry of transport at the time of crisis the State is entitled to save
the operators of the railways, railway transport, road transport, aircraft, airports,
inland waterway transport and public ports, as well as the owner and the
the operators of other objects, and transport routes used
transport to transport needs assurance obligations. ".
2.
cancelled
PART OF THE FOURTEENTH
Amendment of the Act on radio and television broadcasting
§ 164
In Act No. 231/2001 Coll., on radio and television
broadcast and amending other laws, as amended by Act No. 309/2002 Coll.
Act No. 274/2003 Coll. and Act No. 344/2004 Coll., section 24 the following new
§ 24a is inserted:
"§ 24a
(1) the provisions of this Act relating to the technical parameters of the file
do not apply to terrestrial digital broadcasting.
(2) the territorial scope of the regional digital broadcasting, the Council shall, in accordance
with the opinion of the Czech Telecommunications Office listing of counties, where appropriate,
Prague city districts completely or partially covered by the broadcast. ".
PART FIFTEEN
To change the budget rules
§ 165
In section 36 of Act No. 218/2000 Coll. on budgetary rules and amending
certain related acts (budgetary rules), as amended by law
No 482/2004 Coll., on the end of paragraph 3 the following sentence "part of the
Government financial assets is also radio account established under
special legislation. ".
PART OF THE SIXTEENTH
Amendment of the Act on administrative fees
§ 166
Act No. 368/1992 Coll., on administrative fees, as amended by Act No.
10/1993 Coll., Act No. 72/1993 Coll., Act No. 72/1994 Coll., Act No.
85/1994 Coll., Act No. 273/1994Sb., law No. 36/1995 Coll., Act No.
118/1995 Coll., Act No. 160/1995 Coll., Act No. 301/1995 Coll., Act No.
151/1997 Coll., Act No. 305/1997 Coll., Act No. 148/1998 Coll., Act No.
157/1998 Coll., Act No. 167/1998 Coll., Act No. 63/1999 Coll., Act No.
166/1999 Coll., Act No. 167/1999 Coll., Act No. 222/1999 Coll., Act No.
326/1999 Coll., Act No. 349/1999 Coll., Act No. 359/1999 Coll., Act No.
360/1999 Coll., Act No. 363/1999 Coll., Act No. 46/2000 Coll., Act No.
62/2000 Coll., Act No. 121/2000 Coll., Act No. 133/2000 Coll., Act No.
151/2000 Coll., Act No. 155/2000 Coll., Act No. 155/2000 Coll., Act No.
158/2000 Coll., Act No. 227/2000 Coll., Act No. 308/2000 Coll., Act No.
365/2000 Coll., Act No. 143/2001 Coll., Act No. 231/2001 Coll., Act No.
76/2002 Coll., Act No. 107/2002 Coll., Act No. 120/2002 Coll., Act No.
149/2002 Coll., Act No. 312/2002 Coll., Act No. 129/2003 Coll., Act No.
131/2003 Coll., Act No. 148/2003 Coll., Act No. 149/2003 Coll., Act No.
219/2003 Coll., Act No. 274/2003 Coll. and Act No. 276/2003, is amended
as follows:
1. item 155:
"Item 155
Objecting to the settlement of the complaint £ 100.0-".
2. item 156:
"Item 156
and the issue of a certificate of professional competence) for servicing
AA) radiotelephony and radio telegraph
broadcasting of radio equipment
placed on board aircraft and ships
-$ 400.0-radiotelephony
-$ 600.0-radio telegraph
AB) radiotelephony and radio telegraph
terrestrial broadcast radio
air moving device
and moving ferry services
-$ 300.0-radiotelephony
-$ 400.0-radio telegraph
AC) radiotelephony and radio telegraph
terrestrial broadcast radio
equipment operating in the band
short wave
-$ 300.0-radiotelephony
-$ 400.0-radio telegraph
ad) broadcasting of radio equipment for the
amateur radio service-$ 400.0-
(b)) to renew or make changes
in a certificate of professional competence-$ 200.0-".
3. item 157:
"Item 157
The issue of notification of the communication activities of Eur 1 0.0-
The issue of the communication of the changes reported data Eur-500.0 ".
4. item 158:
"Item 158
and proposal for a decision) submission of the dispute,
with the exception of the dispute about the performance of the obligations of the
relative performance between the person performing
communication activities on the one hand,
and a participant, or by the user
on the other hand Eur-200.0
(b)) proposal for a decision of the dispute, with the exception of
the dispute about the relative performance of the obligation,
between persons engaged in communication
$ 10 0.0-activities
(c)) proposal for a decision of the dispute about the performance of
relative performance of obligations
4% of this amount, at least £ 200.0-
Note:
Fee referred to in item in (c) above) is selected in the amount of not more than Eur
500 000. ".
5. item 159 is hereby repealed.
6. item 160:
"Item 160
and the decision on the) issue of the permission to use
$ 5 0.0-numbers
(b)) to renew or make changes
in the permission to use $ 500.0-numbers
Note:
The fee under this item is not selected, assigned to the administrative
authority figures for emergency calling, fault reporting, calls
with the ohlašovnou of national and international calls and information
(sounds) that inform the caller of the Subscriber of the changes
Subscriber number. ".
7. item 161:
"Item 161
and) release decision on individual permissions
to the use of radio frequencies
AA) for the dissemination and transfer of radio or
television broadcasting (radio service) EUR 7 0.0-
AB) for a fixed £ 5 0.0-Service
AC) for amateur radiocommunication service £ 500.0-
ad) for other radio services £ 0.0-3
(b)) to renew or make changes
in the individual permission to use
radio frequencies
AA) for the dissemination and transfer of the radio
broadcasting (radio
Service) $ 500.0-
AB) for fixed service £ 500.0-
AC) for amateur radiocommunication service £ 200.0-
ad) for other radio services-$ 500.0-
Note:
The fee under this item is not selected for the issue of a decision pursuant to
section 25 of Act No. 127/2005 Coll., on electronic communications
and amending certain related laws (Act on electronic
communications). ".
PART SEVENTEEN:
Amendment of the Act on the establishment of ministries and other central bodies of the State
administration of the Czech Republic
§ 167
In section 18 of Act No. 2/1969 Coll., on establishment of ministries and other Central
Government of the Czech Republic, as amended by Act No. 517/2002 Coll. and the
Act No. 95/2005 Coll., the word "telecommunication" is replaced by
"electronic communication".
PART EIGHTEEN
cancelled
§ 168
cancelled
PART NINETEEN
Amendment of the law on the collection of laws and the Collection of international treaties
§ 169
Act No. 309/1999 Coll., on the collection of laws and the Collection of international treaties,
as amended by Act No. 320/2002 Coll. and Act No 114/2003 Coll., is amended
as follows:
1. In paragraph 1 (b). (e)), the word "and" after the word "offices" is replaced by a comma and
the word "Bank" with the words "and the Czech Telecommunications Authority".
2. In paragraph 2 (a). a), the words ' of the Constitutional Court ", the words" and
the judgments of the Supreme Administrative Court.
PART TWENTY-
cancelled
§ 170
cancelled
PART OF THE TWENTY-FIRST
To change the code of civil procedure of the administrative
§ 171
Act No. 150/2002 Coll., the administrative procedure code, as amended by Act No. 192/2003
Coll., Act No. 22/2004 Coll., Act No. 235/2004 Coll., Act No. 436/2004
Coll. and Act No. 561/2004 Coll., is amended as follows:
1. In paragraph 4, at the end of paragraph 2, the period is replaced by a comma and the following
subparagraph (c)), which read as follows:
"(c)) on the abolition of measures of a general nature or parts of it for lack of
law. ".
2. § 48 para. 2, letter d) the following point (e)), which read as follows:
"(e)) the Senate or a judge who has to decide about the design, he came to the
the conclusion that the measures of a general nature or part thereof, which has been in the case
used, it is in violation of the law, where a proposal for its abolition, ".
Letter e) is renumbered as paragraph (f)).
3. in the second, the third part of title 6 inserts a new part 7, which
including the title reads as follows:
"Part 7
Proceedings for cancellation of the measures of a general nature or part of the
§ 101a
(1) a proposal for the repeal of the measures of a general nature or its affiliates shall be entitled to
bring the one who claims that he was on their rights to those of a general nature,
issued by an administrative authority, truncated. If it is according to the law at the same time
authorized in the case, in which the measures of a general nature used by
Administrative Court dismissed the action, or any other proposal, may propose to the cancellation
measures of a general nature only along with such a proposal.
(2) a proposal for the repeal of the measures of a general nature or parts thereof, issued by the
municipality or region may make also the Ministry of the Interior.
(3) a proposal for the repeal of the measures of a general nature or parts thereof, issued by the
the region may make also a municipality.
(4) the respondent is the one who issued the measures of a general nature, whose cancellation
or cancellation of its parts is proposed.
§ 101b
The participation of other persons in the proceedings (section 34) is excluded.
§ 101 c
To the procedure for the cancellation of the measures of a general nature or parts of it is appropriate
The Supreme Administrative Court.
section 101 d
Judgment and its effects
(1) when deciding the Court assess the consistency of the measures of a general nature,
by law, namely, whether the person who issued it, within the limits of their
scope and jurisdiction, and whether the measures of a general character issued by the law
prescribed manner. In doing so, it is not bound by the reasons for the proposal.
(2) if the Court concludes that the measures of a general nature or part of the
are in conflict with the law, or that the person who issued it, exceeded the limits of
its jurisdiction and powers, or that the measures of a general nature was not
published by the law laid down by way of measures of a general nature or its
part cancels a date determined in the judgment. If the proposal is reasonable, the Court
It will be rejected. The Court on the application for annulment of the measures of a general nature or its
parts of the decision within 30 days after the proposal is out of court.
(3) If, on the basis of the measures of a general nature, which has been repealed, or
If it was based on part of the measures of a general nature, which has been repealed,
of the administrative offense and decided, this decision has come into legal force, but
has not yet been done, is the lifting of the measures of a general nature or
part of the reason for a retrial in accordance with the provisions of the relevant
of the procedural regulation.
(4) the rights and obligations of the legal relationships arising before the
measures of a general nature or parts of it remain untouched.
(5) the costs of any of the parties does not have a law. ".
PART TWENTY-TWO
Amendment of the Act on the protection of competition
§ 172
Act No. 143/2001 Coll., on the protection of competition and amending
Some laws (law on the protection of competition), as amended by law
No. 340/2004 Coll. and Act No. 484/2004 is amended as follows:
1. in article 1, the following paragraph 9, including footnote # 4a
added:
"(9) this Act does not apply to the conduct of competitors, that is
violation of the obligations laid down by the law on electronic
^ Highway 4a) or by a decision issued on its basis.
4A) Act No. 127/2005 Coll., on electronic communications and amending
other laws (the law on electronic communications). ".
2. In article 11, paragraph 1, the following paragraph (2), including
footnote No. 5a is added:
"(2) the provisions of paragraph 1 (b). (f)) does not apply to the proceedings of
competitors, which is carrying out communication activities ^ 5a) pursuant to the Act
on electronic communications.
5A) paragraph 6 of Act No. 127/2005 Coll., on electronic communications and amending
other laws (the law on electronic communications). ".
PART TWENTY-THREE
Amendment of the law on salary and other terms associated with the performance of the functions
representatives of State power and some State authorities and judges
§ 173
In Act No 236/1995 Coll., on salary and other terms associated with the
the performance of the functions of the representatives of State power and some State authorities and
judges, as amended by Act No. 138/1996 Coll., Act No. 285/1997 Coll., Act
No. 155/2000 Coll., Act No. 231/2001 Coll., Act No. 309/2002 Coll., Act
No 420/2002 Coll., Act No. 428/2002 Coll., Act No. 361/2003 Coll., Act
No 427/2003 Coll., Act No. 49/2004 Coll. and Act No 359/2004 Coll., in
part of the second behind the sixth head of the seventh is inserted:
"THE HEAD OF THE SEVENTH
The elements of a Council member and President of the Council of the Czech Telecommunication Office
Salary
§ 27a
The members of the Council of the Czech Telecommunications Office belongs to a specified salary from
the salary base pay by the factor of 1.424.
section 27b
The President of the Council of the Czech Telecommunications Office belongs to a specified salary from
the salary base pay by the factor of 1,930. ".
PART OF THE TWENTY-FOURTH
Amendment of the Act No 427/2003 Coll.
§ 174
In article 1 of law No 427/2003 Coll., amending, for the years 2004, 2005 and 2006
provides an exceptional measure in determining the amount of the salary and certain refunds
expenses related to the performance of the functions of the representatives of State power and some
State authorities, judges and prosecutors, the amount of the additional salary of these
people in the first half of 2004 and amending some related
laws, as amended by Act No 359/2004 Coll., the letter f) the following new
the letter g) is added:
"g) member and President of the Council of the Czech Telecommunications Office,".
Subparagraph g) to (n)) shall become letters (h)) to o).
PART OF THE TWENTY-FIFTH
Amendment of the Act No. 483/1991 Coll., on the Czech television, as amended
the laws of the
§ 175
Act No. 483/1991 Coll., on the Czech television, as amended by Act No. 36/1993
Coll., Act No. 253/1994 Coll., Act No. 301/1995 Coll., Act No. 39/2001
Coll. and Act No. 231/2001 is amended as follows:
1. In article 2 (2). 1, after the word "programmes", the words ", where appropriate,
more multimedia content and additional services ".
2. In article 3, paragraph 3. 1 (b). a) after the word "has" is inserted after the word
"analog", the word "nationwide" shall be deleted and the end of the text of the letter
and the following is added "), so that the Earth's analog and
regional digital broadcasting was for residents of the United States
able to receive these television programs to the extent referred to in
paragraph 3 ".
3. In article 3, paragraph 3. 1, letter a) the following new subparagraph (b)), and (c)), which
including footnote No. 1a shall be added:
"(b)) runs a terrestrial digital tv broadcast television programs
referred to in point (a)) and the other at least two tv programs
covered by the General data flow consisting of incremental data flows
belonging to the television and radio programs, multimedia content
and the supplementary services public service tv and
the radio broadcast, modified for dissemination through
the provincial network of broadcasting of radio equipment with the planned coverage of at least
95% of the Czech population counted by the data resulting from
the last census ^ 1a) (hereinafter referred to as "public service multiplex"),
(c)) as the operator of multiplex shall draw up, together with the public service
Czech Radio summary data flow and are responsible for its administration and its
transfer to the spread of terrestrial networks broadcast radio equipment,
1A) § 12 para. 2 of Act No. 89/1995 Coll., on State statistical service, in
as amended. ".
Subparagraph (b)) to (j)) shall become points (d) to (l))).
4. in section 3, paragraph 2, including footnote # 1b is inserted:
"(2) a State authority, which carries out the management of the frequency spectrum by
a special legal regulation, ^ 1b) reserves in conjunction with the Council for the
radio and television broadcasting for Czech Television radio frequencies
to allow the operation of broadcasting to the extent specified in paragraph 1 (b).
a) and (b)).
1B) Act No. 127/2005 Coll., on electronic communications and amending
some related laws (Act on electronic communications). ".
5. in section 3, paragraph 3 reads:
"(3) All television broadcasting for the purposes of this Act, the
the broadcast, in which a particular television program and with this
program related ancillary services required to receive at least 95%
the population of the United States counted by the data resulting from
the last census ^ 1a). ".
6. in paragraph 3, the following new paragraph 3a, including footnote No. 1 c
added:
' section 3a
(1) in the multiplex, the public service must be at least 80% of the General
stream reserved distribution of television and radio programs.
The remaining part of the aggregate data stream multiplex public services can be
use to the spread of additional services.
(2) the Czech television is required to place in the public service multiplex
Czech radio programmes broadcast in the extent to which Czech Radio
meets the public service in the field regional digital radio
posting under special legislation. ^ 1 c) costs associated with the
the operation of the public-service Czech Television multiplex billed to the Czech
radio, or providers of ancillary services, according to the above
their share of the total bit rate of multiplex of the public service.
(3) television programs disseminated through public service multiplex
the Czech television digitally distribute through satellites and
cable networks.
1 c) § 3 (1). 1 (b). (b)) Law No 484/1991 Coll., on the Czech Radio, in
as amended. ".
Footnote No. 1 c is referred to as a footnote
# 1 d, including links to a footnote.
§ 176
Transitional provisions
(1) digital broadcast television programs referred to in § 3 (1). 1
(a). and) Act no 483/1991 Coll., on the Czech television, in the version in force from
the effective date of this Act, Czech television will launch within 60 days from
When an entrepreneur providing an electronic communications network
enters into a contract on the dissemination of public service multiplex. Digital broadcast
at least two other television programmes the Czech television will launch
gradually according to their economic, organizational and technical preparedness.
(2) the conditions for the spread of programmes, where appropriate, ancillary services, Czech
Radio through the public service multiplex negotiates United
tv with Czech Radio contract. Both parties certified the design of this
the contract shall submit to the Director-General of the Czech Television Council information
Czech television for at least 30 days before the agreed date of the beginning of the Earth
digital radio broadcasting of Czech Radio.
PART TWENTY-SIX
Amendment of the Act No. 484/1991 Coll., on the Czech Radio, as amended
the laws of the
§ 177
Act No. 484/1991 Coll., on the Czech Radio, as amended by Act No. 36/1993
Coll., Act No. 253/1994 Coll., Act No. 301/1995 Coll., Act No. 135/1997
Coll. and Act No 192/2002, is amended as follows:
1. In article 2 (2). 1, after the word "programmes", the words ", where appropriate,
more multimedia content and additional services ".
2. In article 3, paragraph 3. 1 (b). a) after the word "has" is inserted after the word
"analog".
3. In article 3, paragraph 3. 1, letter a) the following new subparagraph (b)), and (c)), which
including footnote No. 1a shall be added:
"(b)) provides digital terrestrial radio broadcasts disseminating 3
nationwide radio programme, referred to in point (a)),
through the public service multiplex; ^ 1a) in addition to these
radio programmes Czech Radio has the right to propagate through
public service multiplex other radio programs, other
multimedia content and additional services; radio programs, other
multimedia content and value-added services distributed through
Multiplex can the public service Czech Radio also digitally distribute
through satellite and cable networks,
(c)) operates a terrestrial digital broadcasting so as to ensure the fulfilment of the
public service tasks in the field of radio broadcasting, which corresponds to the
the State of development of broadcasting technologies and services. Using, in particular,
part of the frequency spectrum towards the territory of the Czech Republic
radio programs and other content in the zone designated by the national
frequency table for terrestrial digital radio broadcasting,
in particular, in the III. tv zone
1A) § 3 (1). 1 (b). (b)) law no 483/1991 Coll., on the Czech television, in
as amended. ".
Subparagraph (b)) to (f)) shall become points (d) to (h)))
former footnote No. 1a to 1 c are referred to as comments below
line 1b to 1 d, including references to footnotes.
4. In article 3, paragraph 3. 3 the first sentence after the word "operation" shall be replaced
"analog".
5. Footnote 1b is inserted:
"1b) Act No. 127/2005 Coll., on electronic communications and amending
some related laws (Act on electronic communications). ".
6. In section 3, paragraph 3. 4, after the words "programme", the words "for the purposes of
of this Act, "and the number" 70 "is replaced by the number" 95 ".
§ 178
Transitional provisions
(1) the Czech Radio will launch digital broadcasting radio programs
referred to in § 3 (1). 1 (b). (b)) Law No 484/1991 Coll., on the Czech
radio, in the version in force from the date of entry into force of this Act,
gradually according to their economic, organizational and technical preparedness.
(2) the conditions for the dissemination of its programmes, where appropriate, additional multimedia
content and additional services through public service multiplex
shall negotiate with Czech television, Czech Radio contract. Both parties certified
the design of this Treaty the Director-General shall submit to the Czech Radio
information of the Czech Radio Council at least 30 days before the agreed date
the launch of the Earth's digital radio broadcasting of Czech Radio.
PART TWENTY-SEVEN
The EFFECTIVENESS of the
Section 179
This Act shall take effect on the first day of the second month following
After the date of its publication.
Fort Worth Star Telegram in r.
Klaus r.
Gross v. r.
Selected provisions of the novel
Article IV of Act No. 235/2006 Sb.
cancelled
Article. LXXI Act No. 261/2007 Coll.
Transitional provision
The decision to impose the obligation to provide special rates issued by the Czech
the Telecommunications Authority pursuant to Act No. 127/2005 Coll., as amended by law
No 310/2006 Coll., shall remain valid until the decision
The Czech Telecommunications Office to impose the obligation to provide
Special prices under this Act. Czech Telecommunication Office shall issue
the decision, which imposes an obligation to provide special prices based on
This Act, not later than 3 months from the date of entry into force of this
the law.
Article II of law No 304/2007 Sb.
Transitional provisions
1. Government regulation the technical transition plan regional analogue
television broadcasting in the digital terrestrial television broadcasting (hereinafter referred to as
"Technical transition plan") in order to build a network of electronic
communications to the public service multiplex, the other networks for the nationwide
digital terrestrial television broadcasting and one network that facilitates regional
digital terrestrial television broadcasting. The technical transition plan sets out
rules for the transition of the Earth's analog tv broadcasts to
terrestrial digital television broadcasting, in particular time limits, conditions and manner of
process of development of the electronic communications network for terrestrial
digital television, including time limits, conditions and how to shut down
the Earth's analog tv broadcasts to outside of the cases where this
do not allow natural or justified the technical barriers, when you shut down
the Earth's analog tv broadcasts in the same geographical area
not to shrink the territory covered by the signal of the Earth tv
broadcasting of programmes of broadcasters licensed by turning in the concerned
the territorial area. In the technical transition plan also provides
the minimum range of coverage by the provincial digital tv signal
at the date of the completion of the transition of the Earth's analog tv broadcasts to
digital terrestrial television broadcasting. Terrestrial analogue tv
the broadcast will end on 31 December. December 2012, unless otherwise provided by the Government in
The technical transition plan term earlier, on 10 December. October
2010.
2. the measures of a general nature of the Czech Telecommunications Office No.
PPE/15/12.2006/39, laying down the Technical transition plan of the provincial
analog tv broadcasts on digital terrestrial television
broadcast, issued under the article. IV of Act No. 235/2006 Coll., on the date of acquisition
the effectiveness of Government Regulation referred to in point 1 shall be deleted.
3. in the period from the date of entry into force of Decree-law referred to in point 1 to the date of
complete the transition of the Earth's analog tv broadcasts on terrestrial
digital television provides the amount, or the method of calculation, and
maturity of the fee pursuant to § 24 para. 2 (a). d) of Act No. 127/2005
Coll., as amended by this Act, the Government depending on the type of
tv and depending on during the transition of the Earth
analog tv broadcasts on terrestrial digital television broadcasting
with regard to the period of overlapping analogue and digital earth
tv according to the Technical transition plan.
4. the information referred to in section 72c of Act No. 127/2005 Coll., as amended by this Act,
communicate to the entrepreneur to ensure an electronic communications network, and businessman
providing service for the dissemination of radio and television broadcasting Czech
Telecommunications Authority for the first time within 90 days from the date of entry into force of
of this Act.
Article. (II) Act No. 153/2010 Sb.
Transitional provisions
1. the period referred to in section 22b para. 2 Act No. 127/2005 Coll., on electronic
roads and amending certain related laws (the law on the
electronic communications), in the version in force from the date of entry into force of
This Act, for the holder of the allocation of radio frequencies, which was
the allocation is granted before the date of entry into force of this law, shall run
the effective date of this Act. This is without prejudice to the terms
fixed by regulation of the Government on the technical transition plan.
2. the operator of an electronic communications network, through which it is
provided by the regional television broadcast propagation service is entitled to
reimbursement of the costs incurred to ensure the primary signal for
follow-up radio broadcast equipment performance, if lost
occurred in connection with the performance of the Government regulation on the technical plan
the transition, if this radio equipment is located outside of the territorial area in which the
There has been a turn off the analog transmitter, or high performance lies in this
area, but in the subject area covered by the Earth's analog tv
broadcasting from such radio coverage is not ensured by the provincial
digital television broadcasting.
3. If the operator of a regional provincial digital
television broadcast licensing in the case of a program that was distributed
through Earth's analog tv broadcasts on shared
frequencies of the Earth's surface with an analog
broadcasters with a licence before the date of entry into force of law No.
235/2006 Coll., amending Act No. 231/2001 Coll., on the operation of
radio and television broadcasting, and amending other laws, as amended by
amended, and some other laws, asks, is the network operator
electronic communications services, through which the program is to be
distributed digitally in the bitrate used for the dissemination of
full program with which it was distributed on analog-shared
frequencies, shall, not later than 90 days from the date of receipt of the request
This regional tv operators to ensure
the appropriate technical breakdown of this network in order to achieve
regional broadcasting, provided that this does not undermine the integrity of the network. For
meet this obligation, the operator has the right to compensation for costs pursuant to § 27 a
paragraph. 4 Act No. 127/2005 Coll., on electronic communications and amending
some related laws (Act on electronic communications),
in the version in force from the date of entry into force of this Act.
4. If the operator of a surface of the Earth's digital
television broadcast licensing in the case of a program that has been
the applicable licensing terms being taken offline, so requests, a regional operator
electronic communications networks shall, not later than 90 days from the date of
receipt of the request of the operator to ensure the appropriate technical
the breakdown of this network for the purpose of implementation of regional broadcasting, provided that this
It does not undermine the integrity of the network. To fulfill this obligation has
the operator is entitled to the reimbursement of costs pursuant to section 27 para. 4 Act No. 127/2005
Coll., on electronic communications and amending some related
laws (the law on electronic communications), in the version in force from the date of
entry into force of this Act.
5. Reimbursement of the costs referred to in point 2, 3, or 4 shall be granted if the
costs were incurred by the operator network and electronic
roads at the time from the date of entry into force of the regulation of the Government of
Technical conversion plan until the date of termination of the Earth's analog
television broadcasting in the Czech Republic.
6. Reimbursement of the costs referred to in point 2, 3, or 4 shall be granted from the funds
the radio account [section 27 of Act No. 127/2005 Coll., on electronic
roads and amending certain related laws (the law on the
electronic communications), in the version in force from the date of entry into force of
This Act]. To cover the costs of the claim shall be decided on the basis of the request
Czech Telecommunication Office. Application for reimbursement of the costs of the network operator must
electronic communications made within 3 months from the date of
incurring the cost or within 3 months from the date of entry into force of this
the law, otherwise, the right shall lapse. In the cases referred to in point 2, 3, or 4, the
Czech Telecommunication Office the amount of reimbursement of the costs as the difference between the amount of
the proven efficiency and effectiveness of the costs incurred and the amount of the costs
that would be an electronic communications network operator, if the
not to lose the primary signal or if would not have the obligation to
ensure adequate technical breakdown of the network for the purpose of realization of
regional broadcasting.
7. Until 31 December 2006. December 2012 may take advantage of the Czech Telecommunication Office
resources for evaluation of the radio account of cases according to the
points 2, 3 and 4, health monitoring and the extent of the spread of television reception,
analysis of the availability and efficient use of the television broadcasting
radio frequencies, where appropriate, the payment of the emergency costs related
with its activities in these cases and the cases referred to in point 6. Czech
the Telecommunications Authority may, within the time limit under the first sentence to use the resources
the radio also account to cover the cost of the tasks of the
related to the harmonisation of spectrum management in the framework of the preparation and implementation of
the measures resulting from the harmonisation of spectrum usage at the level
The European Community, the follow-up to their transition of the Earth
analog tv broadcasts on digital terrestrial television
the broadcast, including the preparation and implementation of the use of the digital dividend,
incurred as a result of the Earth's end analog tv broadcasts in the
The Czech Republic.
8. Funds drawn from the account in accordance with section 7 of the radio
in the calendar year must not exceed 10% of the revenue of the radio
account for the immediately preceding calendar year.
9. in the period from the effective date of this Act, until 31 December 2006. December 2012
Converts the Czech Telecommunication Office at the radio account cash
resources within the scope of an implementing regulation in accordance with § 27 a
paragraph. 6 and § 133 paragraph 2. 2 Act No. 127/2005 Coll., on electronic
roads and amending certain related laws (the law on the
electronic communications), in the version in force from the date of entry into force of
This Act increased by 6% of the total revenue from the charges collected for the
the use of radio frequencies.
10. the rights and obligations of the Czech Telecommunications Office, providers
universal service and payers on behalf of universal service in the calculation and
payment of the net costs of providing universal service and the setting,
collection and recovery of payments on account of universal service and
related finance charge, as well as the rights and obligations relating to the management of
account of universal service, the content of the annual report of the universal service and
the provision of information to the Czech Telecom Office to calculate the amount
payments on account of universal service under the universal billing period
the service completed before the date of entry into force of this law shall be governed by
the law on electronic communications and its implementing legislation
the regulations, in the version in force before the date of entry into force of this Act.
11. in the event that the payment to the account of the universal service provided for by
Act No. 151/2000 Coll. on telecommunications and amending other laws, in
as amended, or pursuant to the law on electronic
roads, in the version in force before the date of entry into force of this
the law, the demise of the payer without legal successor or for depreciation
underpayment for the provider, the defences had never been universal service
payment is not made by account universal service from the State
budget, within 90 days from the end of the payer without legal successor or from
depreciation of arrears for defences had never been. If, after the payment of the payment referred to in
the previous sentence, made in the wake of the depreciation of arrears for
defences had never been, an additional payment the payer or a third person,
This is additionally paid by the payment of State budget revenue.
12. after settlement of all the rights and obligations referred to in points 10 and 11 of the Czech
the Telecommunications Authority will cancel the account of universal service and the balance
on the account converts to the radio account. From 1 January 2003. January 2011 to June
cancellation of the account of the universal service for the purposes of administration of the payment of the
resources in your account as a means of government budgetary ^ 21).
13. the President of the Council of the Czech Telecommunications Office is obliged within six
months from the effective date of this Act to supplement the rations of radio
frequencies issued before the date of entry into force of this Act on the specification of the
of radio frequencies in accordance with section 22 paragraph 1. 2 (a). a) Act No. 127/2005 Coll.
on electronic communications and amending certain related laws
(Act on electronic communications), in the version in force from the date of acquisition
the effectiveness of this Act. The President of the Council of the Czech Telecommunication Office
in so doing, take account of the status of the use of radio frequencies and the conditions
the plan provided for the use of the radio spectrum (§ 16).
Article. (II) Act No. 468/2011 Sb.
Transitional provisions
1. In the case that it was planning to use the radio spectrum in a particular
tempered by restrictions on the principle of frequency band of technological neutrality and
neutrality towards the services applied pursuant to section 16a of Act No. 127/2005 Coll.
in the version in force from the date of entry into force of this law, the holder may
the allocation of radio frequencies, this allocation has been granted before the date of
May 25, 2011 and this allocation must be valid for at least five years after the date of
May 25, 2011, to July 25. may submit to the Office an application for
the review of this allocation in relation to this limitation.
2. the authority shall, before issuing a decision on the review of the allocation referred to in point 1
shall notify the holder of the allocation, the extent to which this allocation will be changed, and
at the same time shall communicate to him the time limit within which a request for review may take back.
In the event that the holder of this allocation shall take the time your request for
examination of the back, it remains in force, this allocation until the end of time
its validity, or within five years of filing the request for examination in the
based on that fact, whichever occurs first.
3. From 25 July 2003. may the Office is entitled to change all of the individual
permissions for the use of radio frequencies, the allocation of radio frequencies and
general authorisations, to be in conflict with the plan of the use of radio
the spectrum in the governing limitation technological neutrality and
neutrality towards the services pursuant to section 16a of Act No. 127/2005 Coll., as amended by
from the date of entry into force of this Act.
4. the authority shall state the plan the use of radio spectrum in accordance with
the provisions of § 16 para. 4 Act No. 127/2005 Coll., in the version in force from
the effective date of this Act, within 12 months from the date of acquisition
the effectiveness of this Act.
5. the entrepreneur providing publicly available electronic service
communications or ensuring connection to a public communications network is
must declare the contract for the provision of publicly available services
electronic communications and the connection to a public communications network and
disclosure of information in accordance with the relevant provisions of law No.
127/2005 Coll., in the version in force from the date of entry into force of this Act
within 6 months from the date of entry into force of this Act.
6. Until 31 December 2006. December 2012 to draw reimbursement of expenses in accordance with § 27
paragraph. 2 Act No. 127/2005 Coll., in the version in force from the date of acquisition
the effectiveness of this law, as well as drawing the reimbursement costs pursuant to article.
(II) points 7 and 8 of law No 153/2010 Coll., amending Act No. 127/2005
Coll., on electronic communications and amending some related
laws (the law on electronic communications), as amended
regulations, and some other laws. Until 31 December 2006. December 2012, the authority is authorized to
draw the reimbursement of expenses in accordance with § 27 para. 2 Act No. 127/2005 Coll. on
the version in force from the date of entry into force of this Act, in addition to the terms and conditions
referred to in that provision only in the case if there is no restriction
claims of qualified entities referred to in article also. (II) points 2 to 4
Act No. 153/2010 Sb.
7. Assuming that the effective date of this Act was not
limit the number of rights pursuant to section 20 of Act No. 127/2005 Coll., in the version in force
to the effective date of this Act, expires the allocation
of radio frequencies issued according to § 136 paragraph. 5 of the Act No. 127/2005 Coll.
in the version in force before the effective date of this Act, for 12 months from the date of
the effectiveness of this law, if it is not at this time according to § 20
paragraph. 1 and 3 of Act No. 127/2005 Coll., in the version in force from the date of acquisition
the effectiveness of this law, limit the number of rights. In this case, the allocation of
continue to be valid for the period of validity referred to in it.
8. If the validity of an individual permission to use radio
frequencies in the decision under section 18 or section 19 of Act No. 127/2005 Coll. on
the version in force before the effective date of this Act, longer than the
the period of validity of the allocation of radio frequencies on which it was
individual permissions for the use of radio frequencies issued shall cease to
such individual permissions effect not later than the date of final
the decision on the allocation referred to in point 10.
9. If at the time within 1 year before the date of effectiveness of this Act has occurred
termination of the allocation of radio frequencies to the expiry of the period for which
This was granted, the authority shall proceed mutatis mutandis under section 20 (2). 4 and 5
Act No. 127/2005 Coll., in the version in force from the effective date of this
the law.
10. Governing the service under section 129 para. 5 of the Act No. 127/2005 Coll. on
the version in force from the date of entry into force of this Act, shall apply to the
the administrative proceedings initiated before the entry into force of a work in progress and this
the law.
11. Until the effectiveness of the Ordinance the authority issued on the basis of § 44
paragraph. 5, § 64 para. 13 and § 99 paragraph 2. 1, proceed as indicated in the previous
measures of a general nature.
Article. (II) Act No. 214/Sb.
Transitional provision
Entrepreneur providing publicly available electronic service
communications or ensuring connection to a public communications network is
shall, within 6 months from the date of entry into force of this law include
contract for the provision of publicly available electronic communications service
and the connection to a public communications network and the disclosure of information to the
accordance with the relevant provisions of Act No. 127/2005 Coll. on
electronic communications and amending certain related laws
(Act on electronic communications), in the version in force from the date of acquisition
the effectiveness of this Act.
1) directive of the European Parliament and of the Council 2002/19/EC on access to networks
electronic communications networks and associated facilities, and their mutual
link (access directive). Directive of the European Parliament and of the Council
2002/20/EC on the authorisation of electronic communications networks and services
(authorisation directive).
Directive of the European Parliament and of the Council 2002/21/EC on the common
regulatory framework for electronic communications networks and services (framework
of the directive).
European Parliament and Council Directive 2002/22/EC on universal service and
users ' rights relating to electronic communications networks and services
(universal service directive).
Directive of the European Parliament and of the Council 2002/58/EC concerning the processing of personal
data and the protection of privacy in the electronic communications sector (directive
on the privacy and electronic communications).
Commission Directive 2002/77/EC on competition in the markets
electronic communications services.
European Parliament and Council Directive 1999/5/EC on radio and end
telecommunications equipment and the mutual recognition of their conformity.
European Parliament and Council directive 2009/136/EC amending
Directive 2002/22/EC on universal service and users ' rights relating
the electronic communications networks and services, Directive 2002/58/EC on the
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 the laws
protect consumers ' interests.
European Parliament and Council directive 2009/140/EC amending
Directive 2002/21/EC on a common regulatory framework for networks and services
electronic communications networks, Directive 2002/19/EC on access to networks
electronic communications networks and associated facilities, and their mutual
link and Directive 2002/20/EC on the authorisation of networks and services
electronic communications.
2) Act No. 29/2000 Coll. on postal services and amending certain
laws (the law on postal services), as amended.
3) for example, Act No. 148/1998 Coll., on the protection of classified information and
amending certain laws, as amended, law No.
101/2000 Coll., on the protection of personal data and on amendments to certain laws, as
as amended, Act No. 513/1991 Coll., the commercial code, in
as amended.
5) for example, section 60, 60a, 70 of the criminal code.
5A) Act No. 266/1994 Coll., on criminal records, as amended
regulations.
5A) European Parliament and Council Regulation (EC) no 717/2007 of 27 April.
June 2007 on roaming on public mobile telephone networks within the
The community and amending Directive 2002/21/EC.
5B) European Parliament and Council Regulation (EC) no 717/2007 of 27 April.
June 2007 on roaming on public mobile telephone networks within the
The community and amending Directive 2002/21 EC.
6) § 2 (b). b) of Act No. 240/2000 Coll., on crisis management and amending
Some laws (the crisis Act), as amended.
7) Article. 2 Constitutional Act No. 110/1998 Coll., on the safety of United
of the Republic.
8) of Decree-Law No 480/2000 Coll., on the protection of health against non-ionizing
radiation.
9) Act No. 110/1998 Coll.
10) section 40 of Act No. 40/1964 Coll., the civil code, as amended
regulations.
10A) Law No 111/2009 Coll., on basic registers.
10A) Commission decision 2007/344/EC of 16 December 2002. May 2007 on the
the harmonised availability of information regarding use of the spectrum in the
The community.
10B) Commission decision 2007/344 EC of 16 January 1996. May 2007 on the
the harmonised availability of information regarding use of the spectrum in the
The community.
11) Act No. 231/2001 Coll., on radio and television
broadcasting, as amended.
12) Act No. 49/1997 Coll., on Civil Aviation, as amended
regulations.
13) Act No. 118/1995 Coll. on inland navigation, as amended
regulations.
14) Act No 61/2000 Coll., on maritime navigation.
15) § 1 (1). 7 of law No 185/2004 Coll., the customs administration of the Czech Republic.
16) Act No. 483/1991 Coll., on the Czech television, as amended
regulations.
Act No. 484/1991 Coll., on the Czech Radio, as amended.
16A) European Parliament and Council Directive 2009/214/EC amending
Council Directive 87/372/EEC on the frequency bands to be reserved for
coordinated introduction of public pan-European cellular digital
land-based mobile communications in the community.
16B) § 473-475a and § 477 of Act No. 40/1964 Coll., the civil code, in the
as amended.
16 c) § 175f of Act No 99/1963 Coll., the code of civil procedure, as amended by
amended.
17) Decree No. 138/2000 Coll., on the radio traffic on the
inland waterways.
18) Law No 18/2004 Coll., on the recognition of professional qualifications and other
eligibility of nationals of the Member States of the European Union and the
amendments to certain laws (law on the recognition of professional qualifications).
18A) Commission decision 2007/116/EC of 15 December 1999. February 2007 on reserving
national number range for harmonised numbers for
harmonised services of social value.
19) Decree No. 369/2001 Coll., on general technical requirements
the use of the buildings belonging to the persons with reduced mobility
orientation.
20) section 8 of Act No. 108/2006 Coll., on social services.
21) Act No. 337/1992 Coll., on administration of taxes and fees, as amended by
amended.
22) § 2 (2). 2 Act No. 280/2009 Coll., the tax code.
23) Article. 15 paragraph 1. 1 and 3 of the directive of the European Parliament and of the Council 2002/21/EC
on a common regulatory framework for electronic networks and services
communications (framework directive).
24) Act No. 526/1990 Coll., on prices, as amended.
24A) Act No. 634/1992 Coll. on consumer protection, as amended
regulations.
25) Law No. 22/1997 Coll., on technical requirements for products and on the
amendments to certain laws, as amended.
26) Government Regulation No. 426/2000 Coll., laying down technical
requirements for radio and telecommunications terminal equipment, as amended by
amended.
27) Act No. 64/1986 Coll., on Czech commercial inspection, as amended by
amended.
28) Act No 227/2000 Coll. on electronic signature and amending certain
other laws (the law on electronic signature), as amended
regulations.
29) Commission decision 2003/548/EC on the minimum set of leased
lines with harmonised characteristics and associated standards referred to in
Article 18 of the universal service directive.
30) § 66a of Act No. 513/1991 Coll.
31) directive of the European Parliament and of the Council 2002/19/EC on access to networks
electronic communications networks and associated facilities, and their mutual
link (access directive), annex II.
32) Act No. 563/1991 Coll., on accounting, as amended.
33) Act No. 513/1991 Sb.
34) Act No. 101/2000 Coll., as amended.
35) section 5 of the Act No. 101/2000 Sb.
36) section 88 of the Act No. 141/1961 Coll., on criminal court proceedings (the criminal
of procedure), as amended.
37) § 6 to 8 of Act No. 154/1994 Coll., on the Security information service,
in the wording of later regulations.
37A) § 9 and 10 of law no 289/2005 Coll. on Military Intelligence.
37B) European Parliament and Council Directive 2006/24/EC of 15 December 1999. March
2006 on the retention of data generated or processed in connection with the
the provision of publicly available electronic communications services or
of public communications networks and amending Directive 2002/58/EC.
38) section 18 of Act No. 239/2000 Coll., on the integrated rescue system and about the
amendments to certain laws.
39) Act No. 240/2000 Coll., on crisis management and amending certain acts
(emergency law).
Constitutional Act No. 110/1998 Coll., on the security of the United States.
40) Government Regulation No. 18/2003 Coll., laying down technical
product requirements in terms of their electromagnetic compatibility.
41) Act No. 50/1976 Coll., on zoning and the building code
(the building Act), as amended.
42) Act No. 114/1992 Coll., on nature and landscape protection, as amended by
amended.
43) § 32 para. 1 (b). and) Act No. 50/1976 Sb.
44) § 32 para. 1 (b). c) Act No. 50/1976 Sb.
44a) Law No 184/2006 Coll., the withdrawal or restriction of ownership rights to
of the land or the building (law on expropriation).
45) Law No 89/1995 Coll., on State statistical service, as amended by
amended.
46) Act No. 451/1991 Coll., laying down some other assumptions
to perform certain functions in State bodies and organizations of the Czech and
Slovak Federal Republic, the Czech Republic and the Slovak Republic,
in the wording of later regulations.
46A) Act No. 237/1995 Coll., on salary and other terms associated with the
the performance of the functions of the representatives of State power and some State authorities and
judges and members of the European Parliament, as amended.
47) Act No. 553/1991 Coll. on State control, as amended
regulations.
48) Act No. 148/1998 Coll., on the protection of classified information and amending
certain acts, as amended.
Act No. 240/2000 Coll.
§ 152 paragraph 48A). 5 of the administrative code.
48B) § 101 (a). e) Act No. 500/2004 Coll., the administrative code.
49) § 2 (b). r) and section 4, paragraph 4. 1 (b). I) Act No. 365/2000 Coll., on the
information systems of public administration and on the amendment of certain other
laws, as amended.
49A) Act No. 40/1964 Coll., the civil code.
Act No. 513/1991 Coll., the commercial code.
50), for example, Act No. 326/1999 Coll., on citizens ' licences, as amended by
amended, law No 329/1999 Coll. on travel documents and
Amendment of the Act No. 283/1991 Coll., on the police of the Czech Republic, as amended by
amended (the law on travel documents), as amended by
amended, Act No. 325/1999 Coll., on asylum and on the amendment of Act No.
283/1991 Coll., on the police of the Czech Republic, as subsequently amended,
(asylum Act), as subsequently amended, Act No. 326/1999 Coll., on the
the stay of aliens in the territory of the Czech Republic and amending certain acts, in
as amended.
for example, § 51) 46b (b). and the code of civil procedure).
52) Act No. 326/1999 Coll., on civil, as amended
regulations.
53) Act No. 266/1994 Coll., on criminal records, as amended
regulations.
53) Council Regulation (EC) No 139/2004 of 20 January 2004. January 2004 on the control of
of concentrations between undertakings.
54) Act No. 258/2000 Coll., on the protection of public health and amending
some related laws, as amended. Regulation
No 1/2008 Coll., on the protection of the health of non-ionizing radiation, in front of the
amended by Government Decree No. 106/2010 Sb.
55) § 147 of the administrative code.
56) § 37 para. 4 of the administrative code.
57) the International Telecommunications Union Recommendation E. 169 and E. 152.
57A) section 146 of the administrative code.
58) Act No. 99/1963 Coll., the civil procedure code, as amended
regulations.
59) Act No. 141/1961 Coll., on criminal court proceedings (code of criminal procedure), in
as amended.
60) Law No 273/2008 Coll., on the police of the Czech Republic, as amended by
amended.
Act No. 137/2001 Coll., on special protection of witnesses and other persons in
connection with criminal proceedings and on the amendment of Act No 99/1963 Coll.,
the civil procedure code, as amended.
61) Act No. 15/1998 Coll., on surveillance in the capital market and on the
amendments to other acts, as amended.
62) § 7 para. 2 Act No. 181/2014 Coll., on cyber security and
change related laws (law on Cyber Security).
63) § 53 para. 7 of the civil code.
64) Law No 513/91 Coll., the civil code.
65) European Parliament and Council Regulation (EU) no 531/2009 of 13 July.
June 2012 on roaming on public mobile communications networks in the
The Union.
66) the implementing Commission Regulation (EU) no 1203/2009 of 14 May. December
2012 for separate sale of regulated retail roaming
services in the Union.
