Amendment Of The Act On Electronic Communications

Original Language Title: změna zákona o elektronických komunikacích

Subscribe to a Global-Regulation Premium Membership Today!

Key Benefits:

Subscribe Now

Read the untranslated law here: https://portal.gov.cz/app/zakony/download?idBiblio=76139&nr=468~2F2011~20Sb.&ft=txt

468/2011 Sb.



LAW



of 6 May 1999. December 2011,



amending the Act No. 127/2005 Coll., on electronic communications and

changes to some related laws (Act on electronic

communications), as amended, and certain other laws



Parliament has passed the following Act of the United States:



PART THE FIRST



Amendment of the Act on electronic communications



Article. (I)



Act No. 127/2005 Coll., on electronic communications and amending

some related laws (Act on electronic communications),

as amended by law no 290/2005 Coll., Act No. 361/2005 Coll., Act No.

186/2006 Coll., Act No. 235/2006 Coll., Act No. 309/2006 Coll., Act No.

110/2007 Coll., Act No. 261/2007 Coll., Act No. 304/2007 Coll., Act No.

124/2008 Coll., Act No. 177/2008 Coll., Act No. 189/2008 Coll., Act No.

247/2008 Coll., Act No. 384/2008 Coll., Act No. 227/2009 Coll., Act No.

281/2009 Coll., Act No. 153/2010 Coll. and Constitutional Court

the declared under no 94/2006, is amended as follows:



1. In article 1 (1). 1, the words ' European Community ' shall be replaced by

"The European Union".



2. in footnote 1 at the end of the footnote text

the words "European Parliament and Council Directive 2009/136/EC

amending Directive 2002/22/EC on universal service and the rights of the

users relating to electronic communications networks and services,

Directive 2002/58/EC concerning the processing of personal data and the protection of privacy in the

the electronic communications sector and Regulation (EC) No 2006/2004 on

cooperation between national authorities responsible for the enforcement

compliance with the laws that protect consumers ' interests. Directive Of The European

Parliament and Council directive 2009/140/EC, amending Directive 2002/21/EC on the

a common regulatory framework for electronic networks and services

communications networks, Directive 2002/19/EC on access to electronic networks

communications networks and associated facilities, and their mutual links and

Directive 2002/20/EC on the authorisation of electronic networks and services

communication. ".



3. In paragraph 2 (a). f), the words "and monitoring" is replaced by "supervision".



4. in paragraph 2 of the letter g) is added:



"(g) assigned to the resources assigned to the service), natural resources

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, ".



5. In paragraph 2 (a). (h)), after the words "other means," the words "including

network elements which are not active, "and the word" radio "is replaced by

"radio".



6. In paragraph 2, at the end of the text of the letter j), the words "and that supports the

the transfer of information between the endpoints of the network, or a network of electronic

communications, which is the service provided the spread

radio and television broadcasting, ".



7. In paragraph 2 (a). m), the word "specific" shall be replaced by the word "specific".



8. in paragraph 2 of the letter p) is added:



"p) a publicly available telephone service publicly available service

electronic communications, allowing directly or indirectly to the implementation of the

national or international calls ".



9. in paragraph 2 of the letter s) is added:



"with the connection made through) by calling the publicly available services

electronic communications that allows two-way voice

communication ".



10. In paragraph 2, at the end of the text), the word "and" shall be replaced with the words "

the obligations arising from international agreements to which the Czech Republic

bound and published in the statute book or in the collection of

international treaties, and to the obligations arising from membership of the Czech

States in the European Union or international organizations ".



11. In paragraph 2, at the end of the letter x) dot is replaced by a comma and the following

letter y) to aa) including footnote # 53:



"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 mohouumožnit,

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.



53) Council Regulation (EC) No 139/2004 of 20 January 2004. January 2004 on the control of

of concentrations between undertakings. '.



12. in § 5 para. 1 the introductory part, the words "and the provision of additional

services ' shall be deleted.



13. in § 5 para. 1 (b). a) after the word "users", the words "and

people, for which you can have with regard to their age or social needs

consider that require special access. "



14. in § 5 para. 1 at the end of subparagraph (b)), the words "including services

transfer the contents of, and ".



15. in § 5 para. 1, point (c)) shall be deleted.



Subparagraph (d)) shall become point (c)).



16. in § 5 para. 2 of the introductory part, the words ' the provisions of the European

the Community ' shall be replaced by the words "European Union".



17. in § 5 para. 2 (a). a), the words "and ancillary services ' shall be deleted.



18. in § 5 para. 2 at the end of subparagraph (b)) the following the word "and".



19. in § 5 para. 2 (c)) shall be deleted.



Subparagraph (d)) shall become point (c)).



20. in § 5 para. 2 (c)):



"(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. ".



21. in § 5 para. 3 (b). e), the words "persons with low income" shall be replaced by

the words "persons, for which you can have with regard to their age or social

the need for it that require special access. "



22. in § 5 para. 3 at the end of paragraph 3 is replaced by a comma and dot

the following points (g) and (h))) are added:



"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 ".



23. in section 5, paragraph 4 is added:



"(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

communication. ".



24. in section 5, the following paragraph 5 is added:



"(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) ".




25. In section 6 (1). 2, the second sentence is replaced by the phrase "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. ".



26. in § 9 para. 1 the words "and to" be deleted and the words "operation of

devices "are the words" and on the use of radio frequencies ".



27. in section 10, paragraph 1. 1 (b). (h)), the words "of the European communities ^ 5a)"

replaced by the words "European Union ^ 5b)". Footnote 5b is inserted:



"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 ".



28. in section 10, paragraph 1. 1 (b). n), the word "or" is deleted.



29. in section 10, paragraph 1. 1 at the end of paragraph 1, the period shall be replaced by ",

or ' and the following letter p) is added:



"p) notification of begin the use of radio frequencies in accordance with point (a)

m).“.



30. section 11 including the title reads as follows:



"section 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 publicly available. ".



31. in § 12 para. 1 the words "131" shall be replaced by "as appropriate, in accordance with §

131 ".



32. In article 13 paragraph 2 and 3 shall be added:



"(2) a natural person in the notice shall indicate the name or names, first and last name,

where applicable, the trading name, address of the place of residence or temporary

stay over 90 days in the territory of the Czech Republic, where appropriate, the address of the place of residence in the

abroad (hereinafter referred to as "residence"), and the identification number of the person (hereinafter referred to as

"identification number"), where it has been allocated.



(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. ".



33. In § 13 para. 4 at the end of paragraph 4, is replaced by a comma and dot

the following point (d)), which read as follows:



"(d) the readiness of priority to provide services) pursuant to § 99 paragraph 2. 3. ".



34. In paragraph 13 is at the end of paragraph 5, the following sentence "legal person has not yet

not registered in the trade register also certified when the notification shall be submitted

a copy of the contract or the establishment or establishment of the legal person. ".



35. In paragraph 13, the following at the end of paragraph 6, the phrase "this does not apply in the case

When changing the data have been communicated through another agendového

points ^ ^ 10a). ".



36. In section 13 paragraph 7 is added:



"(7) natural and legal person has ceased or suspended

carrying out communication activities under a general permission is required to

within a period of 1 week after the date of termination or interruption of power communication

activities notify this fact to the authority; paragraph 1 shall apply

accordingly. ".



37. In article 13, the following paragraph 9 is added:



"(9) physical 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 accordingly. ".



38. In § 14 para. 1 the words "the basic registry people ^ 10a)" are replaced by

the words "the basic registry of legal persons engaged in physical

people and public authorities ^ 10a) ".



39. In § 14 para. 2 (a). and point 1), after the words "name," the words

"where appropriate, the name," and after the word "company" shall be inserted after the word "address".



40. In § 14 para. 2 (a). and (2) the word) "headquarters" shall be replaced by

"registered address".



41. In article 14, paragraph 4 is added:



"(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. ".



42. In article 15, paragraph 2. 1, the words "of the European Communities (hereinafter referred to as

"The community") "are replaced by the words" European Union ".



43. In article 15, paragraph 2. 2 the words "the rights resulting from the allocation of radio

frequencies shall be replaced by the allocation of radio frequencies or of its parts ".



44. In article 15, paragraph 2. 4, the word "and" is replaced by a comma and the words "the use of the

radio frequencies ", the words" and the short permission to

the use of radio frequencies ".



45. In article 15, paragraph 5 is added:



"(5) for the purposes of the performance of radio spectrum management and State control

electronic communications, finding and removing the sources of interference

radio frequencies and for the control and evaluation of the fulfilment of the conditions that

have been saved to the holder of the allocation of radio frequencies in accordance with § 22

a selection procedure pursuant to article 21, the Office maintains a database of allocated radio

frequencies with information, in particular about the numbers of the decision, which they have been

radio frequencies allocated to, and the time for which they were allocated. Database

is publicly accessible manner allowing remote access. Public

access to data about the person of the holder of an individual permission to

the use of radio frequencies in accordance with section 18 and on radio frequencies

allocated to the



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. "



46. In article 15, paragraph 2. 6, the words "the spectrum ^ 10a)" shall be replaced by

"the spectrum of ^ 10b)".



Footnote No. 10b:



"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

Community. ".



47. In paragraph 15, the following shall be added after paragraph 6 paragraphs 7 and 8 shall be added:



"(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 ".



48. In § 16 para. 3, after the words "plan the allocation of frequency bands"

the words "(national frequency table)."



49. In paragraph 16, at the end of the text of paragraph 4, the words ", including

indication of whether the radio frequencies are to be used on the basis of the General

permissions, or based on an individual permission to use

of radio frequencies, that is the number of rights of use of radio frequencies

limited, or whether there is a restriction of rights of use of radio frequencies and

policy constraints referred to in § 16a ".



50. in § 16 para. 6, the last sentence is replaced by the phrase "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. ".



51. in paragraph 4, the following new section 16a, including footnotes, No 54

added:



"§ 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.



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. ".



52. In § 17 paragraph 1 reads:



"(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. ".



53. In § 17 paragraph 2. 3 letter a) is added:



") 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 entity ".



54. In § 17 paragraph 2. 5 letter a) is added:



"and in the case of requests) granting permission for the use of radio

frequencies for radio licences for the operation of analog tv

digital analog radio broadcasts under a special legal

prescription ^ 11), or the contract with the holder of such a licence, with the exception of

in the case where the request is for permission to use

radio frequencies to which it has been granted the right to use allocation

of radio frequencies, or, in the case where radio frequencies reserved

under special legislation ^ 16) ".



55. In § 17 paragraph 2. 5 (c)) shall be deleted.



Subparagraph (d)) to (g)) shall become point (c)) to (f)).



56. In § 17 paragraph 2. 5 (b). (c)), the words "in persons registered in the commercial

register a statement not older than 3 months, or "shall be replaced by

"the people have not yet unchecked in the commercial register".



57. In § 17 paragraph 2. 6, the words "plan the allocation of frequency bands"

the words "(national frequency table)."



58. In § 17 paragraph 2. 8 the first sentence be deleted.



59. In § 17 paragraph 2. 10, after the words "the allocation of frequency bands"

the words "(national frequency table)."



60. In § 17 paragraph 2. 11 (a). (c)), the words ", or to ensure the security of

the State "shall be deleted.



61. In § 17 paragraph 2. 11 (d)):



"(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 ".



62. In section 18 para. 1, letter a) is added:



"and if it was by the applicant)



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 ".



63. In section 18 para. 1 (b). (c)), after the words "mark" shall be replaced

"radio communications".



64. In paragraph 18, the dot at the end of paragraph 1 is replaced by a comma and the following

letter h) is added:



"h) any restrictions on the changes to the permissions or rights holders of the lease

arising out of the use of radio frequencies. ".



65. In § 18 paragraph 3 reads:



"(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).“.



66. In section 18 para. 4, § 22 para. 3, § 22a para. 3 and 4, § 28 para. 1, § 32

paragraph. 4, § 86 para. 7, 8 and 9, § 92 para. 2, § 105 para. 2, § 108 paragraph.

1 (b). k), § 108 paragraph. 3, § 110 paragraph 2. 1, § 115 paragraph. 3 (b). k) and in section

paragraph 117. 2, the word "Community" shall be replaced by the words "European Union".



67. In section 18 para. 5, the word "individual" is deleted.



68. In section 19 para. 1 (b). (b)), the words "or if required to ensure

security of the State "shall be deleted.



69. In § 19 para. 1 (b). (e)), the word "individual" shall be deleted and the

the end of the text of subparagraph (e)), the words "pursuant to section 17".



70. in § 19 para. 1 the final part of the provision, the words "paragraph (d))"

shall be replaced by "subparagraph (e))" and the words "to (c))" shall be replaced by the words "to

(d)) ".



71. In § 19 para. 2, the words "and (b))" shall be replaced by "to (c))".



72. In § 19 para. 3, after the words "in paragraph 1 (b). "the words)

"(c))".



73. In § 19 para. 3, the second sentence is inserted after the phrase "If you are the subject of

extension of the period of validity of such radio frequencies to which it was issued

assignment of radio frequencies, that period shall not be longer than the period of validity of the

the relevant allocation. ".



74. In § 19 para. 4 (b). (d)), the word "effective" is replaced by

"effective" and at the end of the text of the letter d), the word "or" is deleted.



75. In § 19 para. 4 at the end of paragraph 4 shall be replaced by "dot,

or ' and the following subparagraph (f)), which read as follows:



"(f)), subject to the conditions referred to in section 20 (2). 3. ".



76. In § 19 para. 6 (c)):



"(c) the date of death of the holder) permission if in his business does not continue

heir ^ 16b) or administrator of heritage ^ 16 c), ".



77. In paragraph 19, the dot at the end of paragraph 6 is replaced by a comma and the following

the letters f) and (g)), which read as follows:



"(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. ".



78. in paragraph 19, the following new section 19a and 19b, which including the following titles:



"§ 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. ".



79. section 20 and 21, including headings and footnotes # 57a and 55 shall be added:



"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.



57A) section 146 of the administrative code.



55) § 147 administrative procedure. ".



80. in section 22 paragraph 1 reads:



"(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 decision of the Commission. ".



81. In paragraph 22b para. 1 at the end of subparagraph (b)), the word "or" is deleted.



82. In paragraph 22b para. 1 at the end of paragraph 1 shall be replaced by "dot,

or ' and the following subparagraph (d)), which read as follows:



"(d) the allocation holder has not complied with the obligation to) stored in § 23 para. 5. ".



83. In section 22 c of paragraph 1. 1 at the end of subparagraph (d)), the word "or" is deleted.



84. In section 22 c of paragraph 1. 1 at the end of paragraph 1 shall be replaced by "dot,

or ' and the following subparagraph (f)), which read as follows:



"(f)), the acquisition of the decision under section 20 (2). 3. ".



85. In article 23, the following paragraph 5 is added:



"(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. ".



86. In § 24 para. 1, the words "shall" shall be replaced by the words "and the holder of the

permission for experimental purposes are required to ".



87. In § 24 para. 2 (a). (b)), the words "on the ratio of the allocated width

frequency band to the minimum width of the frequency band of the competent

the grid has to be laid down in the radio spectrum usage plan

replaced by the words "used by the width of the frequency band".



88. In § 24 para. 2 (a). (e)), the word "effective" is replaced by

"appropriate".



89. section 25 including title and footnote No 56 is added:



"§ 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 the advanced 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.



56) § 37 para. 4 administrative procedure. ".



90. in § 26 para. 1, the words "applicant" shall be deleted.



91. In § 26 para. 2, the second sentence is replaced by the phrase "holder of permission to

the use of radio frequencies is required to ensure that the operator

broadcasting of radio equipment was carried out only by a person who has a valid

licence proficiency. ".



92. In section 27 para. 1 the first sentence, the words "and (b))" shall be replaced by "to c) and

under section 20 (2). 3. "



93. In section 27, paragraph 1 the following new paragraphs 2 and 3 shall be added:



"(2) 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. ".



Paragraphs 2 to 6 shall be renumbered as paragraphs 4 to 8.



94. In section 29 para. 1, after the words "the use of the numbers" the words ",

including European harmonised numbers ^ 18a) ".



95. In section 29 para. 2 the words "publicly available telephone service"

replaced by the words "publicly available electronic communications service".



96. In section 30 paragraph 2. 1 at the end of the text of the first sentence, the words "pursuant to section

32, which grants the authority, unless the rights of the European Union, something else

or if it does not grant permission to use the number of the international

Telecommunication Union ^ 57) ".



Footnote No. 57:



"57) the International Telecommunications Union Recommendation E. 169 and E. 152.".



97. In § 30 paragraph 2. 1 the second sentence after the word "public", the words "and

non-public ".



98. In § 30 paragraph 2. 2, after the word "private" is inserted the word "legal"

and the last sentence shall be deleted.



99. In § 30 paragraph 2. 2, the first sentence is inserted after the second sentence, to read:

"In the case of the use of numbers attached to the non-public

communication networks the Office is entitled to grant this permission and legal

a person who is not a professional in the first sentence. ".



100. In § 30 paragraph 2. 3 letter a) is added:



") 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, ".



101. In § 30 paragraph 2. 4, the words "in persons registered in the commercial register

accompanied by an excerpt from the commercial register not older than 3 months; "

be deleted and the word "register" are inserted after the word "substantiated".



102. In § 32 para. 1, letter a) is added:



"and if it was by the applicant)



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, ".



103. In § 32 para. 2 at the end of subparagraph (c)) the following the word "or", and

subparagraph (d)) shall be deleted.



Letter e) is renumbered as paragraph (d)).



104. In § 33 paragraph 1 reads:



"(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. "



105. In article 33, paragraph 2 shall be deleted.



Paragraphs 3 to 12 shall become paragraphs 2 to 11.



106. In § 33 para. 2 the words "telephone service" is replaced by "service

electronic communications of the national call for originaci ".



107. In § 33 para. 3 (b). and "3)" is replaced by "2".



108. In § 33 para. 3 (b). (b)), the words "the authority and" are deleted.



109. In § 33 para. 4, the number "4" is replaced by "3".



110. In § 33 para. 5, the word "phone" is replaced by "communications"

and the words "the authority and" are deleted.



111. In § 33 paragraph 6 is added:



"(6) the Businessman 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 payphones and a manner allowing remote

access. ".



112. In § 33 para. 7, the words "with the emergence of" shall be replaced by the words "with the

originací ".



113. In § 33 para. 8, the words "telephone service" is replaced by "service

electronic communications of the national call for originaci ".



114. In § 33 para. 9, the number "3" is replaced by "2", "4"

replaced by the number "3" and "6" shall be replaced by the number "5".



115. In § 33 paragraph 10 is added:



"(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

equipped with an advanced electronic signature based on a qualified

a certificate issued by an accredited certification service provider

under special legislation. The entity operating the site for

receiving calls to the emergency number is entitled to temporarily refuse

communication via a telecommunications proceeding the end

device from which it was carried out repeated malicious call. ".



116. In § 33 paragraph 10 insert a new paragraph 11, which read:



"(11) again to access the telecommunications end

device to a public communications network shall decide, at the request of the Office of the

of the participant. When making a decision, the Office shall take into account the seriousness of the negotiations, in particular

the way, the scale and consequences of the mischievous call. ".



The present paragraph 11 shall become paragraph 12.



117. In § 33a is inserted after the title "access to the European harmonised

the numbers ".



118. In § 33a, the words "free call" are replaced by the words "call, which

It is free and does not require the use of any payment

the resource ".



119. In § 33a of the present text shall become paragraph 1 and the following

paragraph 2, which reads as follows:



"(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. ".



120. In § 34 paragraph 1 reads:



"(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. ".



121. In § 34 paragraph 1. 2, the words "public telephone" shall be replaced by

"public communications".



122. In § 34 paragraph 1. 3, the word "phone" is replaced by

"communication".



123. In paragraph 34, the following paragraph 5 is added:



"(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 ".



124. section 35, including the title reads as follows:



"§ 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 fraud. ".



125. In § 36 odst. 4 at the end of subparagraph (a)), the word "or" is deleted.



126. In paragraph 36, the dot at the end of paragraph 4 shall be replaced by "or", and

the following point (c)), which read as follows:



"(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. ".



127. In § 36 odst. 7 (c)):



"(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 ".



128. In § 38 paragraph 1(a). 2 (a). and), the word "phone" is replaced by

"communication".



129. In § 38 paragraph 1(a). 2 (c)):



"(c)) regular editions of lists and access Terminal

users to these lists ".



130. In § 38 paragraph 1(a). 2 at the end of the text of the letter e), the words "or

other similar technical means to access to publicly

available telephone service ".



131. In § 38 paragraph 1(a). 2 (a). (f)), after the words "service," the words ", to

information service on telephone numbers and to the participating lists ".



132. In § 38 paragraph 1(a). 2 the letter g) is added:



"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. ".



133. In § 38 paragraph 1(a). 3 the penultimate sentence of the words "special prices"

replaced by the words "by providing special pricing".



134. In § 39 para. 1 to 3, after the words "paragraph. 2 "the words" and 3 ".



135. In § 39 para. 1 the words "and 131" are deleted.



136. In section 39 shall be added to paragraph 14 and 15 are added:



"(2) in the case of the businessman, 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 incremental services. ".



137. In the heading of section 40 and paragraph in section 40. 1, 2 and 5, the words "public

phone "shall be replaced by" public communications ".



138. In the heading of section 41, the word "Phone" is replaced by "local".



139. In § 41 para. 1 the first sentence, the words "the phone list of participants"

replaced by the words "directory".



140. In § 41 para. 1 the second and third sentence, the word "phone" is replaced by

the word "participation".



141. In § 41 para. 1 the second sentence, the words "and also" shall be replaced by

"or".



142. In § 41 para. 3 letter a) is added:



"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 identification of their

Subscribers-legal entities, if their publication gave the participants

consent. Personal data of natural persons and corporate identification data

people shall be published in the extent to which they gave these parties with the public disclosure

consent. Entrepreneur providing a publicly available telephone service

obliged to inform participants free of charge 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, ".



143. In paragraph 41, at the end of paragraph 3 the following sentence "If the provider is

of universal service in accordance with paragraph 1, a professional at the same time providing

publicly available telephone service, is subject to the granting of consent to the

the publication of the data of its participants the conditions under (a)). ".



144. In § 41 para. 4, the word "phone" is replaced by

"participating".



145. In § 41 para. 5 the first sentence, after the words "name," the words

"where appropriate, the name,".



146. In § 41 para. 5 the second sentence, the word "place" is replaced by "address

registered office ".



147. In § 41 para. 6 the first sentence, the word "phone" is replaced by

"local".



148. In § 41 para. 6 the third and fourth sentences are replaced by the phrases "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. ".



149. section 42 including the title reads as follows:



"§ 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. ".



150. In § 43 para. 1, after the words "service," the words "in order for the

It was affordable and allowed "and the word" access "is replaced by

the word "access".



151. In § 43 para. 1 the word "phone" is replaced by

"participating".



152. section 44, including the title reads as follows:



"§ 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

legislation. ".



153. In § 45 para 1 shall read:



"(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. ".



154. In paragraph 46, the words "and General" shall be deleted.



155. section 51 including title:



"§ 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.



156. In article 52, paragraph 3 shall be deleted.



157. In § 53 para. 1 the words "engaging in any form of permanent

economic or commercial activity "shall be replaced by" doing business ".



158. In § 54 para. 2 the words "publicly available telephone service"

replaced by the words "publicly available electronic communications services".



159. In paragraph 55, at the end of the text of paragraph 2, the words ", including

risks associated with investments in new networks. "



160. In paragraph 55, paragraphs 4 and 5 shall be deleted.



161. In § 57 para. 1 the word "experience" is replaced by "could

experience ".



162. In § 58 para. 1 (b). (b)) (2) the word "or" is deleted.



163. In § 58 para. 1 (b). (b)) at the end of paragraph 3 adds the word "or", and

the following paragraph 4 is added:



"4. a binding procedure for the pricing of the related retail

markets for the vertically integrated undertaking, including the imposition of a ban

margin squeeze and the obligation to ensure the replicability of the tenders ".



164. In article 61, paragraph 3, number "11" is replaced by "10" and at the end of

the text of the paragraph, the following words ", and to the European harmonised

the numbers ".



165. In article 61 paragraph 6 is added:



"(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. ".



166. In § 62 para. 1 the term "ancillary" shall be replaced by

"assigned".



167. In § 62 para. 2, after the words "International Telecommunication Union

(ITU), "the words" the European Conference of postal administrations and

telecommunications administrations (CEPT), ".



168. section 63 including title:



"section 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) level of remuneration in the event of termination of the contract before the expiry of the duration,

on which the contract is concluded, including the amount of the reimbursement of costs associated with the

telecommunications terminal equipment, which has been the user to use the

services provided,



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. At the same time is an entrepreneur shall inform of the change

of the participant. If this is a change to the essential terms of the contract

referred to in paragraph 1 (b). (c)) to q), or changes to other provisions,

that lead to a deterioration in the position of the participant, is an entrepreneur is obliged to

demonstrably inform the participant also of its right to terminate the contract

on the date of entry into force of this amendment, without penalty, if the new

the conditions will not be a party to accept. The information is required to

give the participant a way that the party has chosen to receive

the expense report. The right to terminate the contract under that provision does not,

If there is a change of the Treaty on the basis of changes in the legislation or in the

event of a change of the Treaty referred to in 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 ".



169. section 64 including the title reads as follows:



"§ 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)

the implementing regulation. ".




170. In section 65 paragraph 1. 1, the words "through the public telephone network"

shall be deleted.



171. In section 66 paragraph 1 reads:



"(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. ".



172. section 69:



"§ 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. ".



173. in paragraph 69, the following new section 69a and 69b, shall be inserted:



"§ 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 ".



174. In § 71 para. 1, the first sentence is replaced by the phrase "the Office is entitled to after

consultation in accordance with section 130 save entrepreneurs providing a public

communications network or publicly available service that provides

electronic communications, to uveřejňoval an overview of current prices,

quality and conditions provided publicly available services

electronic communications and the measures taken to ensure the

equal access for disabled users, in the form,

that enables end users to these data in an easy way

compare to each other. ".



175. In § 71 para. 3, after the words "paragraph 1", the words "and any

procedures for the evaluation of quality ".



176. In paragraph 71, the following paragraph 4 is added:



"(4) the authority shall be entitled to consultation under section 130 and 131 save

entrepreneurs operating public communications network requirements

ensure a minimum quality of service. ".



177. In paragraph 74, at the end of paragraph 1, the following sentence "the decision referred to in

paragraph 2, the Authority also publish a manner allowing remote access. ".



178. In paragraph 74, at the end of paragraph 2 the following sentence "any such initiative

The Office shall publish a notice in a manner allowing remote access. ".



179. In section 74 para. 5 at the end of the last sentence of the text, the words "and

at the same time it shall publish a notice in a manner allowing remote access ".



180. In paragraph 74, at the end of paragraph 6 the following sentence "Information about each

This Office shall publish a notice in a manner allowing remote

access. ".



181. In section 75 para. 5 after the word "sent" the words

"through the data boxes or".



182. In article 76, paragraphs 2 to 4 shall be deleted.



The present paragraph 5 shall become paragraph 2.



183. section 77 is repealed.



184. In § 78 para. 1 at the end of the text of the first sentence, the words ",

including cases where they are used for the transfer of information

the company or the services transmitting the content ".



185. In paragraph 78, the dot at the end of paragraph 1 is replaced by a comma and the following

the letter i), which read as follows:



"i) access to information systems or databases for ordering,

request for maintenance, repair and invoicing. ".



186. In paragraph 78, paragraph 4 reads:



"(4) local loop means the physical circuit connecting the network termination point

the main distribution frame or equivalent facility in the fixed public

communication network. ".



187. In § 79 paragraph 2. 2 (a). and), the word "obligation" is replaced by

"the obligations, including the obligation" and after the words "pursuant to section 78" shall be inserted

the comma.



188. In paragraph 79, the dot at the end of paragraph 2 is replaced by a comma and the following

subparagraph (c)), which read as follows:



"(c)), which controls access to end users, in the

justified cases and to the extent necessary to ensure the

interoperability it provided services. ".



189. In § 82 para. 1, after the words "the network characteristics of" the words

", including the conditions that restrict access to services and applications, or

their use, ".



190. In § 82 para. 2 the second sentence, after the words "access" the words

"or the link".



191. In § 83 para. 7 the first sentence, after the words "television services"

the words "end users, including disabled

people ".



192. In paragraph 84 of paragraph 1. 1 the words "publicly available electronic network

communications "shall be replaced by" public communications network ".



193. In paragraph 84 of paragraph 1. 2 letter a) is added:



") to 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 ".



194. In paragraph 84 of paragraph 1. 2 at the end of the text of the letter b), the words "If

Enterprise access complies with its obligations arising from the contract

on access, ".



195. In paragraph 84 of paragraph 1. 2 letter e) is added:



"e) to provide co-location or other forms of sharing assigned

means ".



196. In paragraph 84 of paragraph 1. 2 (a). f), the words "mobile" is replaced by "in the

public communications ".



197. In paragraph 84, at the end of paragraph 2, the period is replaced by a comma and the following

the letter i), which read as follows:



"i) to provide access to associated services.".



198. In paragraph 84 of paragraph 1. 2, the last sentence is replaced by the phrase "the Office is entitled to

in the decision on the imposition of the obligation to provide access to these obligations

technical or operational conditions so as to ensure the normal operation of the

the network based on the principle of fairness, proportionality and timeliness. "



199. In section 84, paragraph 3 reads:



"(3) an enterprise, which has been imposed the obligation under paragraph 2 is

obliged to publish a reference offer. The terms and conditions that

the reference offer must contain the General measures, the Office

nature. ".



200. In section 84 shall be inserted after paragraph 3 of the new paragraphs 4 and 5 are added:



"(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. ".



Paragraphs 4 to 6 shall be renumbered 6 to 8.



201. In paragraph 84 of paragraph 1. 6 the provisions of the introductory part, the words "2 and 3" are replaced by

the words "2-5".



202. In paragraph 84 of paragraph 1. 6 at the end of the text of subparagraph (a)) the following words "or

the link, including the possibility of using other access services

provided at a higher level in the distribution chain ".



203. In paragraph 84 of paragraph 1. 6 (a). (c)):



"(c)) the protection of the initial investment of the owner of the device taking into account the

funding from the public purse and risks arising from the initial

investment of the owner, and the cost of the owner of the device on its maintenance. "



204. In paragraph 84 of paragraph 1. 6 at the end of the text of subparagraph (d)) the following words "

focus on effective competition in the field of networks and

infrastructure ".



205. In paragraph 84, the dot at the end of paragraph 6 is replaced by a comma and the following

the letter g) is added:



"(g) the protection of the owners of the real estate concerned).".



206. In paragraph 84, the dot at the end of paragraph 6 is replaced by a comma and the following

letter h) is added:



"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. ".



207. In paragraph 84 of paragraph 1. 7, the words "or 3" shall be deleted.



208. In paragraph 84 of paragraph 1. 8 is the number "5" shall be replaced by "7".



209. § 85 including title:



"§ 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). ".



210. In section 86, paragraph 2 reads as follows:



"(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. ".



211. In part one, title IV, the following is considered part 5 part 6, including

Title:



"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. ".



212. In § 87 para. 2 the words "the form in page content provided on

the internet "is replaced by" the electronic form on the Internet ".



213. In paragraph 88, the dot at the end of paragraph 1 is replaced by a comma and the following

the letter e), which reads as follows:




"e) 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 applications and their answer. ".



214. In paragraph 88, the following paragraphs 4 to 7 shall be inserted:



"(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. ".



215. In § 89 paragraph 1. 3, the words "make or facilitate" are deleted.



216. In paragraph 90, para. 3, the words "pursuant to section 129 para. 2 "shall be replaced by

"under section 129 para. 3. "



217. In paragraph 90, para. 6, after the words "If the word

"in advance".



218. In section 91 paragraph 2. 1, after the words "electronic communications"

the words "or electronic communications service" and the word "location"

inserted the word "telecommunication".



219. In § 95 para. 1 (b). (b) penultimate sentence) after the word "participants"

the words "or equivalent".



220. In § 95 para. 1 (b). (b)), the last sentence of the "participant"

the words "or user".



221. In § 96 para. 1, after the word "participants", the words "or

users ".



222. In section 96 paragraph 1 the following paragraph 2 is added:



"(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

advance consent. ".



Paragraphs 2 and 3 shall become paragraphs 3 and 4.



223. In paragraph 96, the following paragraph 5 is added:



"(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 court. ".



224. section 98 and 99, including the following titles:



"§ 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

cause. ".



225. In § 100 para. 9 shall be inserted after the first sentence, after the phrase "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. ".



226. In § 104 paragraph. 3 the second sentence, after the words "may be" the words

"in order to ensure the exercise of the permission referred to in paragraphs 1 (b). (b)), and (c)), and

2 (a). (b)), and (c)) ".



227. In § 104 paragraph. 15 (b). (b)), after the word "leadership" the words

"public communications network".



228. In paragraph 107, the dot at the end of paragraph 3 is replaced by a comma and the following

(d)), which read as follows:



"(d)) has completed university studies in the master's degree

program. ".



229. In paragraph 107, 6 the following paragraph 7 is added:



"(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. ".



Paragraphs 7 to 11 are renumbered as paragraphs 8 to 12.



230. In § 108 paragraph. 1 (b). (h)), after the words "Member States" shall be inserted after

the words ", the European Agency for network and information security (ENISA)

BEREC ".



231. In § 108 paragraph. 1 the letter m) is added:



"m) State control of electronic communications, searches for and

Removes the source of interference, ".



232. In § 108 paragraph. 1 p) is added:



"p) performs the selection procedure and the monitoring of compliance with the commitments

holders of radio frequency allocations resulting from the selection

proceedings ".



233. In § 108 paragraph. 1 letter):



"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, ".



234. In § 108 paragraph. 1 at the end of the letter aa) dot is replaced by a comma and

following is the letter bb), which read as follows:



"bb) operates information systems under this Act and an automated

the system for monitoring the frequency spectrum ".



235. In § 108 paragraph. 3 the first sentence, after the words "of the European Union," the

the words "the European Agency for network and information security (ENISA) and the

BEREC ".



236. In section 114 para. 2 the first sentence, the words "national security" are replaced by

the words "public safety" and the word "provisional" is deleted.



237. In paragraph 114, the following shall be added at the end of paragraph 2, the phrase "this measure is

valid for a maximum period of three months. If during this time a mandatory person

fails to remedy, the validity of this measure can be extended up to another

three months. ".



238. In paragraph 114, the following paragraph 3 is added:



"(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. ".



239. In paragraph 115, the dot at the end of paragraph 3 is replaced by a comma and the following

is the letter l) to o) are added:



"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 location of these places means. ".



240. In section 115, the following paragraph 8 is added:



"(8) in addition, the Office gathers information available on 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. ".



241. In paragraph 116 of paragraph 1. 1, after the words "of the Commission", the words ", and it

in particular in the areas of strategic planning, co-ordination and harmonisation of

the use of the radio spectrum ".



242. In § 117 paragraph 1. 1 at the end of the text of the second sentence, the words "and

BEREC Shall ".



243. In section 117 at the end of paragraph 1, the following sentence "the authority bodies

referred to in this paragraph shall cooperate especially in the area of strategic

planning, co-ordination and harmonisation of radio spectrum use. ".



244. section 118 to 120, including the following titles:



"§ 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 under section 34 para. 4, § 47 para. 3,

§ 62 para. 3, § 70 para. 3, § 71 para. 3, § 82 para. 4, § 85 para. 7, §

paragraph 86. 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 fixed by the Office

shortcomings in the exercise of State control of electronic

communications or to 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). 2, or



f) in violation of § 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 provide a price for the provision of electronic communications services in

accordance with the directly applicable EU regulation on roaming on

public mobile telephone networks within the community,



m) does not provide electronic communications services under the conditions referred to in

directly applicable European Union regulation on roaming on public

mobile telephone networks within the community,



n) violates the obligation to ensure the transparency of retail prices

roaming as provided for in the applicable legislation of the European Union directly about

roaming on public mobile telephone networks within the community,



about) 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



p) 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, or



m) where the payment or non-payment of a phone account

participant in violation of § 65 para. 2 or 3.



(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.



(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)) does not retain traffic and location data, will not pass is authorized

authority or upon expiry of the retention period referred to in section 97 destroy

paragraph. 3,



(d)) does not ensure clarity of messages and related operational and

location data according to § 97 para. 6,



(e)) does not register pursuant to § 97 para. 10 or this registration does not pass by

§ 97 para. 11,



(f)) does not inform the authority or a user within the scope and manner according to § 98

paragraph. 4,



g) does not ensure the safety and integrity of your network, or the safety of services,

It provides under section 98 (1),



(h) fails to fulfil any 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,



I) 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)),



j) will threaten the confidentiality of messages and associated 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,



to the phone number transfer initiates), without the participant asked,



l) 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,



m) 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,



fails to comply with the obligation to n) to inform the user about the price for calls to numbers with

He expressed price saved Office under section 35 para. 2,



fails to comply with the obligation to) block access to numbers or services stored

his Office under section 35 para. 3,



p fails to comply with an obligation) to withhold payment pursuant to § 35 para. 3 or 4,



q) does in each of their establishment and manner allowing remote

access for end users of the draft contract pursuant to § 63 para. 2,



r) will not disclose information pursuant to § 63 para. 3,



with the user will not allow contract) pursuant to § 63 para. 4,



t) does not change within the time of the contract or does not change

published the draft contract pursuant to § 63 para. 5,



u) 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,



in) enters into a contract with a consumer or user in violation of § 63

paragraph. 7,



w) 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,



x) 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,



y) shall not restrict the processing of the data according to § 90 para. 9, or



from where security audit) or the authority does not submit the data referred to in

§ 98 para. 6.



(15) 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.



(16) 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.



(17) the holder permission 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)).



(18) 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.



(19) 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.



(20) 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.



(21) for the administrative offence under section 118 is imposed in the



and 2 000 000 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 or paragraph

6 (a). (f)),



(b)) 10 000 000 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

p), paragraph 10 (a). j) to r), paragraph 12 (a). (f)) and m), paragraph 13

(a). I) to (l)), or to paragraph 14 (a). j) to z),



(c) 20 000 000 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 (e)),

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 i), paragraphs 15, 16, 17, 18, 19 or 20.



§ 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 under section 34 para. 4, § 47 para. 3,

§ 62 para. 3, § 70 para. 3, § 71 para. 3, § 82 para. 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 fixed by the Office

shortcomings in the exercise of State control of electronic

communications or to 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



(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 40 000 000, 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. ".



245. § 121 is hereby repealed.



246. § 122 including title:



"§ 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 10 000 000 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). ".



247. In paragraph 124, paragraph 3 shall be deleted.



248. In § 127 paragraph. 1, after the words "the activities (section 7)" the words "or

between these persons and other entrepreneurs operating in another Member

State in whose favour the obligation to access or interconnection exists ".



249. In paragraph 127 at the end of paragraph 5, the following sentence "the Office may

consult BEREC, substantive issues of the dispute. ".



250. In § 129 para. 2, the third sentence shall be deleted.



251. In paragraph 129 para. 3 the first sentence, after the words "pending delivery

the claim "the words" or fruitless expiry of the period for its

pending (§ 64 para. 10), "and the word" claim "shall be replaced by the word

"objection".



252. In paragraph 129, the following paragraph 5, including the footnotes.

58 reads as follows:



"(5) 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).



58) Act No. 99/1963 Coll., the civil procedure code, as amended

regulations. ".



253. section 131 including title:



"§ 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. ".



254. section 134 reads as follows:



"§ 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, including previous 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), including previous places of residence and address data

check-in, if necessary, the address to which they are to be delivered

documents under 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) data about family members who are representatives

of the participant.



(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 limitation of competence to perform legal acts, including data

led by the guardian.



(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 disclosure of the data record) mailbox,



(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. ".



255. In section 134a para. 1 at the end of the text of subparagraph (c)), the words "and

the date of issue of earlier civil licences ".



256. In section 134a para. 1 at the end of the text of the letter e), the words "and

period of validity of the previous civil licences ".



257. In article 134a shall at the end of paragraph 1, the period is replaced by a comma and the following

points (g) and (h))) are added:



"(g)), social security number,



h) the name or names, the surname of the minor children. ".



258. section 135 is hereby repealed.



259. In § 150 of paragraph 1. 1 the words "§ 25 para. 3 ' shall be deleted, the words "section 27 para.

5 "shall be replaced by the words" § 27 para. 8 "and the words" § 99 paragraph 2. 11 "

shall be deleted.



260. In paragraph 150 para. 2 the words "§ 99 paragraph 2. 12 ' shall be deleted.



261. In paragraph 150 para. 3 is the number "10" is replaced by "9".



262. In article 150, paragraph 5 is added:



"(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. ".



263. In paragraph 150, the following paragraph 6 is added:



"(6) the Office for the protection of personal data may issue a decree to implement section

88 para. 7. ".



Article. (II)



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.



PART TWO



Amendment of the Act on certain information society services



Article. (III)



Act No. 480/2004 Coll., on certain information society services and

amendments to certain acts (the Act on certain services of information

the company), as amended by Act No 444/2005 Coll., Act No. 216/2006 Coll.

Act No. 160/2007 Coll. and Act No. 281/2009 Coll., is amended as follows:



1. In paragraph 2 (a). (c)), after the words "communication device," the words

"automated calling and communication systems, telecommunications" and the word

"telecommunications" shall be deleted.



2. In paragraph 2 (f)):



"(f)), commercial communication all forms of communication, including advertising and to encourage

to visit the website, intended for the direct or indirect support

goods, services or image of an undertaking of the person who is an entrepreneur ^ 3) or

carries out a regulated activity ^ 2). ".



3. In section 10, paragraph 4 reads:



"(4) in the case of cross-border cooperation of the supervisory authority referred to in paragraph

1 (b). and follow Regulation) Union for cooperation in the

consumer protection ^ 6a). ".



4. Footnote 6 is deleted.



5. under section 10, the following section 10a is inserted:



"§ 10a



(1) a natural person is guilty of an offence the fact that without the consent of the addressee

in bulk or repeatedly spread by electronic means business

the communication.



(2) for the offence referred to in paragraph 1 can be used to impose a fine of up to 100 000 CZK. ".



6. in article 11, paragraph 1 reads:



"(1) a legal person that in bulk or repeatedly spread by electronic

the means of the commercial communication



and) without the consent of the addressee,



b) unmarked clearly and prominently as commercial communication,



(c)) that hide or utajující the identity of the sender on whose behalf the

the communication took place,



(d)) not containing a valid address to which the addressee would could submit a request to

the termination of such a communication, or



(e)) without the customer has provided you with the ability to clearly, clearly,

in simple terms, free of charge or on their own account, to grant or refuse

consent to the use of its electronic contact when sending each

the individual messages

the above is fined 10 000 000 CZK. ".



7. in section 11 is added to § 11a is inserted:



"§ 11a



The provider of information society services, whose business interests are

violations of obligations under § harmed 7, is entitled to claim

on behalf of its customers, whose rights have been damaged by this Act,

judicial protection. This does not affect the customer's permission to pursue their

claims in court. ".



PART THREE



Amendment of the Act on consumer protection



Article. (IV)



Act No. 634/1992 Coll. on consumer protection, as amended by Act No.

217/1993 Coll., Act No. 40/1995 Coll., Act No. 103/1995 Coll., Act No.

110/1997 Coll., Act No. 359/1999 Coll., Act No. 64/2000 Coll., Act No.

145/2000 Coll., Act No. 258/2000 Coll., Act No. 102/2001 Coll., Act No.

452/2001 Coll., Act No. 477/2001 Coll., Act No. 151/2002 Coll., Act No.

320/2002 Coll., Act No 227/2003 Coll., Act No. 279/2003 Coll., Act No.

441/2003 Coll., Act No. 119/2004 Coll., Act No. 186/2004 Coll., Act No.

217/2004 Coll., Act No. 444/2005 Coll., Act No. 216/2006 Coll., Act No.

229/2006 Coll., Act No. 36/2008 Coll., Act No. 227/2009 Coll., Act No.

281/2009 Coll., Act No. 285/2009 Coll., Act No. 293/2009 Coll., Act No.

298/2009 Coll., Act No. 301/2009 Coll., Act No. 155/2010 Coll., Act No.

28/2011 Coll., Act No. 139/2011 Coll., Act No. 211/2007 Coll. and Act No.

219/2010 Coll., shall be amended as follows:



1. In footnote No 3, ' law No 110/1964 Coll., on

telecommunications, in wording of later regulations, ' shall be deleted.



2. in paragraph 2 of article 23. 1, after the words "up to 11", the words "and 15".



3. § 2 3, the following paragraph 3 is added:



"(3) supervision over compliance with the obligations laid down in section 3, up to 5a, section 6, section

9 to 10, 11 to 13, § § 15 to 16 and 19 to the electronic services section

Communications performs the Czech Telecommunication Office. ".



PART FOUR



Amendment of the Act on the protection of personal data



Article. In



Act No. 101/2000 Coll., on the protection of personal data and on amendments to certain

laws, as amended by Act No 227/2000 Coll., Act No. 177/2001 Coll., Act

No 450/2001 Coll., Act No. 107/2002 Coll., Act No. 309/2002 Coll., Act

No 310/2002 Coll., Act No. 517/2002 Coll., Act No. 435/2004 Coll., Act

No. 480/2004 Coll., Act No. 626/2004 Coll., Act No. 413/2005 Coll., Act

No 444/2005 Coll., Act No. 109/2006 Coll., Act No. 112/2006 Coll., Act

No 267/2006 Coll., Act No. 342/2006 Coll., Act No. 170/2007 Coll., Act

No 41/2009 Coll., Act No. 52/2009 Coll., Act No. 227/2009 Coll. and act

No 281/2009 Coll., is amended as follows:



1. in paragraph 4 of the letter h) is added:



"h) blocking of the operation or set of operations which are for a fixed

time limits the way or means of the processing of personal data, with the exception of

necessary interventions ".



2. in article 21, paragraphs 3 and 4 shall be deleted.



Paragraphs 5 to 7 shall become paragraphs 3 to 5.



3. In section 45 at the end of paragraph 1, the period is replaced by a comma and the following

the letter j) is added:




"(j)) does not result in an overview of the privacy violations under section 88

paragraph. 7 of the law on electronic communications ".



PART FIVE



Amendment of the Act No. 235/2006 Coll., amending Act No. 231/2001 Coll., on the

the operation of radio and television broadcasts and to modify other

the laws of the



Article. (VI)



Law No. 235/2006 Coll., amending Act No. 231/2001 Coll., on the

the operation of radio and television broadcasts and to modify other

laws, as amended, as amended by Act No 304/2007 Coll.

is amended as follows:



1. In article 1(1). I, points 55 and 56 shall be deleted.



2. In article 3(1). (VII) the words "with the exception of article. And the point of the article. 26, 55 and 56, which

take "are replaced by the words" with the exception of article. I, section 26, which takes ".



PART SIX



The EFFECTIVENESS of the



Article. (VII)



This Act shall take effect on the first day of the calendar month

following the date of its publication.



Němcová in r.



Klaus r.



Nečas in r.