153/2010 Coll.


LAW
Dated 21 April 2010

Amending Act no. 127/2005 Coll., On electronic communications and
amending certain related laws (the Electronic Communications
), as amended, and certain other laws

Parliament has passed this Act of the Czech Republic:
PART ONE


Amendment to the Act on Electronic Communications

Art. I

Act no. 127/2005 Coll., On electronic communications and amending
certain related laws (the Electronic Communications Act)
amended by Act no. 290/2005 Coll., Act no. 361/2005 Coll., Act no. 186/2006 Coll
., Act no. 235/2006 Coll., Act no. 310/2006 Coll., Act no. 110/2007 Coll
., Law 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. and Act No.
. 281/2009 Coll., Is amended as follows:

First In § 2, letter l) reads:

"L) interface

First endpoint of public communications networks

Second interface for interconnection of public communications networks or access
them or

Third radio interface for radio wave path between radio equipment
and their technical specifications. "

Second In § 8 par. 5, the words "general conditions referred to in paragraph 3" are replaced
words "integrity requirement under paragraph 4 '.

Third In § 10 paragraph. 1 letter a) shall be deleted.

Existing letters b) to p) are marked as letters a) to o).

Fourth In § 15 para. 2 last sentence, the word "optimal"
replaced by the word "effective".

Fifth In § 15 after paragraph 2 the following paragraphs 3 and 4 are added:

"(3) The use of radio frequencies means their use for
radiocommunication services or to support a network of electronic communications
through which services are provided
electronic communications or radio services.

(4) The use of radio frequencies shall be in accordance with the law,
frequency band allocation scheme (the national frequency allocation table)
plan of radio spectrum allocation of radio frequencies and
individual authorization to use radio frequencies or
general authorization. ".

Existing paragraph 3 shall be renumbered paragraph 5.

6th In § 15, Paragraph 6, which including footnote no.
10a reads:

"(6) The Office shall provide information to the Information System of the Radio Spectrum
^ 10a).

10a) Commission Decision 2007/344 / EC of 16 May 2007 on
harmonized availability of information regarding spectrum use within the Community
. ".

7th In § 16 par. 3, the words "and radio equipment" is replaced by "
possibly radio equipment".

8th In § 17 para. 3, subparagraph b), new letters c) and d) that
added:

"C) number and date of issue decisions on the allocation of radio frequencies
in the case of an application for authorization to use radio frequencies
, the right to the use of this allocation was granted

D) the type of radio transmitting equipment, if required
international treaty by which the Czech Republic is bound and which was
published in the Collection of Laws or Collection of International Agreements or
It follows from the membership of the Czech Republic in the European Union or
international organizations ".

Existing letters c) to e) shall be designated as letters e) to g).

9th In § 17 para. 5 at the end of paragraph a) the words "unless
not a request for authorization to use radio frequencies,
right to the use was granted by the allocation of radio frequencies."

10th In § 17 para. 5, after letter a) a new point b), which reads:

"B) authorization to receive in the event of a request for authorization to use radio frequencies
, the right to use
been granted allocation of radio frequencies, unless permission is not required of the holder
allocation".

Existing letters b) to g) are renumbered c) to h).

11th In § 17 para. 11 letter b) reads:

"B) to require compliance with the obligations arising from international agreements,
which the Czech Republic is bound and which was promulgated in the
Laws or Collection of International Treaties".


12th In § 17 para. 11, subparagraph b) the following point c) is added:

"C) to require compliance with the obligations of membership Czech Republic
in the European Union, NATO or the
international organizations or national security".

Existing letters c) to f) are renumbered d) to g).

13th In § 17 para. 11 at the end of subparagraph f) the word "or" is deleted and
letter g) reads:

"G) announced its intention to limit the number of rights to use radio frequencies
whose use is required, or".

14th In § 17 para. 11, the following point h) is added:

"H) there is a restriction of rights to use radio frequencies, whose
use is required for the radio frequencies asking a person who is not
holder of allocation of radio frequencies granted on the basis of restrictions or
person who was consent of the holder of allocation of radio frequencies. ".

15th In § 17 paragraph 11 the following paragraph 12 is added:

"(12) The Office shall suspend the proceedings on the application for authorization to use
radio frequencies if it intends to announce the intention to restrict the number of
according to § 20 para. 2, which are the subject of an application for a maximum of 3
months from receipt of the request. ".

Former paragraphs 12 and 13 are renumbered 13 and 14

16th In § 18, at the end of paragraph 2 is replaced by a comma and
letters c) and d) are added:

"C) compliance with obligations arising from international agreements to which the
Czech Republic is bound and which was promulgated in the Collection of Laws or Collection of International Treaties
or

D) respecting the commitments resulting from the Czech Republic's membership in the European
Union, the North Atlantic Treaty Organisation or in international organizations or
requirements relating to ensuring national security. ".

17th In § 18 par. 3, "the frequency plans" are replaced
"frequency band allocation scheme (the national frequency allocation table)
radio spectrum utilization scheme," and the last sentence is deleted.

18th In § 19 para. 1 letter a) reads:

"A) compliance with obligations arising from international agreements to which the
Czech Republic is bound and which was promulgated in the Collection of Laws or Collection of International Treaties
or".

19th In § 19 para. 1, after letter a) the following new paragraph b), which reads:

"B) respecting the commitments resulting from the Czech Republic's membership
European Union, the North Atlantic Treaty Organisation or in international organizations or
vyžaduje- if national security".

Existing letters b) to d) are renumbered c) to e).

20th In § 19 para. 1 at the end of the text in subparagraph d) the words "or
amendment of the fees under § 24".

21st In § 19 para. 1 point. e) the words "because of changes to the technical parameters
allocated frequency" shall be deleted and the words "assigned frequency
" the words "or its technical parameters."

22nd In § 19 at the end of the text of paragraph 2, the words "under § 27".

23rd In § 19 paragraph 3 reads:

"(3) At the request of the holder of the authorization to use radio frequencies, the Office
decides to extend the period of validity of the authorization. If
prevented by circumstances specified in paragraph 1. a)
or if there are grounds for refusing the authorization to use radio frequencies
according to § 17 para. 11, Office of the validity period extended by no more than
period stated in the authorization. The validity period may be extended repeatedly.
Request for extension of validity of the authorization to use radio frequencies
Authority must be delivered no later than one month before the expiry of its validity
. ".

24th In § 19 para. 4 point. c) the words "European Union", the words
"NATO".

25th In § 19 para. 4 point. d) the words' duration of use of frequencies
is not monitored for the amateur service frequency, or "
replace the words" period of assessment of non-use of radio frequencies is counted from the day
decision comes into force, authorized to use
radio frequencies to the holder or his legal predecessor
granted for the first time; time use of radio frequencies is not monitored for
amateur radiocommunications service operators, or ".

26th In § 19 para. 5, after the word "point." The words "b) or".


27th In § 19 paragraph 6 shall be deleted.

Paragraph 7 is renumbered paragraph 6.

28th In § 19 para. 6 point. c) the word "or" is deleted.

29th In § 19 at the end of paragraph 6, the period is replaced by the word "or" and the following letter
e), added:

"E) the date of transfer, assignment of radio frequencies in accordance with § 23.".

30th In § 19, paragraph 7, which reads:

"(7) The holder of an authorization to use radio frequencies or its legal successor,
shall ensure that immediately after expiry
authorization to use radio frequencies was terminated operations of broadcasting
radio stations that operate on the basis of this authorization.".

31st In § 21 para. 5 point. e) the word "fee" is replaced
"amount".

32nd In § 22 paragraph. 1, first sentence, the words "assignment holder" shall be
word "Authority".

33rd In § 22 paragraph. 2, the following new subparagraph a), which reads:

"A) the specification of radio frequencies."

Existing letters a) to f) shall become letters b) to g).

34th In § 22 paragraph. 2 point. d) the words "rights arising from" deleted.

35th In § 22 at the end of paragraph 5 sentence "
authorization to use radio frequencies, which was given an allocation of radio frequencies
may be given to the holder of the allocation or with his consent entrepreneurs
providing a public communications network or
a publicly available electronic communications service. ".

36th Under § 22, the following new § 22a to 22d, which
including headings and footnotes. 16a, 16b and 16c are added:

"§ 22a

Changing the allocation of radio frequencies

(1) The President of the Council shall, after consultation in accordance with § 130
change the assignment of radio frequencies at the request of the holder of the allocation.

(2) The Council may also decide to change the allocation of radio frequencies
if

A) the authorization to use radio frequencies to which the allocation relates
been withdrawn in accordance with § 19 para. 4 point. b) or d) a holder
allocation was withdrawn authorization holder, or

B) regarding transfer allocation in accordance with § 23.

(3) The decision referred to in paragraphs 1 and 2 Council President
assess the fulfillment of all the conditions and obligations set out in the assignment and take particular account
fulfillment of conditions pursuant to § 22 paragraph. 2 point. d) the scope of services for which
the rights to use radio frequencies are granted, the need to ensure
competition and the fulfillment of conditions for the efficient use of radio frequencies
. Procedure referred to in paragraph 1, paragraph 2. b) and paragraph 5
can change the allocation of radio frequencies only in case it is necessary to fulfill
harmonization objectives of Community or international treaties
which the Czech Republic is bound and which was published in the Collection
laws or Collection of international Treaties.

(4) The President of the Council decides to modify the allocation of radio frequencies if
necessary to fulfill obligations arising from international agreements
which the Czech Republic is bound and which was promulgated in the Collection of Laws or
collection of international Treaties or resulting from membership
Czech Republic in the European Union, the North Atlantic Treaty Organisation or in international organizations
, if required by national security, or is
necessary to ensure the fulfillment of Community harmonization objectives || | to use radio spectrum ^ 16).

(5) The change in the assignment of radio frequencies can also be applied if
on the procedure according to § 21 has come to grant additional rights to use radio frequencies
allotment holders and such change shall not preclude the content
essentials allocation by § 22 paragraph. 2nd

§ 22b

Withdrawal of allocation of radio frequencies

(1) The President of the Council shall decide on the withdrawal of the assignment of radio frequencies
or part thereof (hereinafter the "withdrawal of the assignment of radio frequencies"), if

A) assignment holder ceased to meet any of the conditions on the basis
assignment was granted or the conditions laid down by a special legal regulation
^ 11) ^ 16) and did not rectify within the period specified by the Office || | accordance with § 114, although it was the possibility of withdrawal allocation for this reason
Office warned in writing,

B) the license holder has not complied with a condition or obligation stipulated by this Act or
decision to grant an assignment and did not rectify nor in

Deadline set by the Office pursuant to § 114, although it was the possibility of withdrawal
allocation for this reason by written notice or

C) authorization to use radio frequencies to which the allocation relates
been withdrawn in accordance with § 19 para. 4 point. b) or d) a holder
allocation was withdrawn authorization holder.

(2) If the period for initiating the use of radio frequencies is not
fixed allocation of radio frequencies, the holder shall begin
use the allocated radio frequencies up to 2 years from the date of legal force
decision to grant an assignment. If the license holder
begun to use radio frequencies within the prescribed period, Council President decide on the withdrawal
assignment of radio frequencies.

(3) The decision referred to in paragraphs 1 and 2 Council President
assess the fulfillment of all the conditions and obligations set out in the assignment and take particular account
range of services, for which the rights to use radio frequencies
granted, the need to ensure competition and performance
conditions for the efficient use of radio frequencies.

(4) The President of the Council shall decide on the withdrawal of the assignment of radio frequencies, if


A) it is necessary to fulfill obligations arising from international agreements
, which the Czech Republic is bound and which was promulgated in
Collection of Laws or Collection of International Agreements or from membership
Czech Republic in the European EU, NATO or
international organizations, or if required by national security,

B) assignment holder requested the withdrawal or

C) in the case of changing the allocation of the result of the circumstances under § 22c paragraph.
1 point. b) c) violating the terms set out in § 23 para.
first

§ 22c

Expiry of allocation of radio frequencies

(1) The assignment of radio frequencies expires

A) the expiration of the period for which it was granted,

B) dissolution of the legal entity that has been granted, unless such a
legal successor, which satisfies the condition according to § 22 paragraph. 4

C) in the case of death by natural persons who were granted

First on the day of her death, when in his heir-16b)
or an administrator-16c), which satisfies the condition according to § 22 paragraph. 4, or


Second expiry of the deadline specified in § 23 para. 4, if the heir does not satisfy the condition
according to § 22 paragraph. 4

D) the date when the decision of the President of the Council under § 22a and 22b into legal
power or

E) the expiry of the deadline in accordance with § 23 para. 3rd

(2) In cases where a cause termination of a legal entity which is
holder of allocation of radio frequencies, the legal successor,
and thereby shift the allocation of radio frequencies to a legal successor, the Office shall issue to || | based on requests by the assignment statement whether the transition
allocation of radio frequencies is in breach of the conditions set out in § 23 para.
first

(3) In the case of a legal person ceases to hold an assignment
radio frequencies and that a legal successor, the legal successor
bound about his succession in writing to the Office within 1 month of the date
, when the legal entity was terminated.

§ 22d

Transition allocation of radio frequencies

(1) If a legal person who is the holder of allocation of radio frequencies
passes allocation of radio frequencies to its legal successor,
, if the successor qualifies according to § 22 paragraph. 4 and if
the simultaneous fulfillment of the conditions under which the Office to grant consent to the transfer
allocation of radio frequencies in accordance with § 23 para. 1st

(2) The legal successor of a legal entity that was the holder
allocation of radio frequencies of the succession is obliged to inform in writing
Office without undue delay.

(3) the death of a natural person who is the holder of allocation of radio frequencies
passes allocation of radio frequencies to her heir, if
such person satisfies the condition according to § 22 paragraph. 4th

(4) The heir to whom crossed the allocation of radio frequencies in accordance with paragraph 3
is about without undue delay in writing Authority.

16a) Directive of the European Parliament and Council Directive 2009/214 / EC amending Council Directive
no. 87/372 / EEC on the frequency bands reserved for
coordinated introduction of public pan-European cellular digital land-based mobile
communications in the Community.


16b) § 473 to § 477 and 475A of the Act no. 40/1964 Coll., Civil Code, as amended
.

16c) § 175f of the Act no. 99/1963 Coll., Civil Procedure Code, as amended
. ".

37th § 23 including the title reads:

"§ 23

Transfer of radio frequency

(1) An undertaking may be converted to another entrepreneur allocation of radio frequencies
or part thereof (hereinafter referred to as "transfer allocation") with the prior approval of the Authority
. The Authority will grant such consent if

A) the intended transfer of an assignment does not distort competition in the electronic communications
terms of use of radio frequencies
,

B) the intended transfer of an assignment does not change the terms of use
radio frequencies, whose use has been harmonized internationally,

C) the intended transfer of assignment does not infringe efficient use of the radio spectrum
,

D) does not take place with the holder of the allocation of radio frequencies proceedings
withdrawal of allocation of radio frequencies or part

E) the request for consent to the transfer of the Office of allocation meets
particulars referred to in paragraph 2.

(2) The application for consent to the transfer of assignment pursuant to paragraph 1
holder of allocation of radio frequencies shall

A) his identification data in scope according to § 13 para. 2 or 3,

B) identification of the future holder of allocation of radio frequencies in the range
according to § 13 para. 2 or 3,

C) the reference number and date of decision on the allocation of radio frequencies
which is the subject of the intended transfer of an assignment

D) the name of the service, type of network or technology relating to parts
allocation of radio frequencies that are the subject of the intended transfer
assignment of radio frequencies

E) the commencement time and manner of use of radio frequencies, which are to be
subject of the intended transfer of an assignment, the future holder,

F) information on financial, technical and professional qualifications
future holder for the use of radio frequencies, which are to be
subject of the intended transfer of an assignment.

(3) Transfer of assignment must be completed within 60 days of approval
Authority pursuant to paragraph 1

(4) The allocation of radio frequencies may be heir to the holder of allocation of radio frequencies
who do not qualify according to § 22 paragraph. 4
transferred to another person within 5 months of the final resolution of proceedings || | heritage of the deceased holder of allocation of radio frequencies, based on
which he was designated heir of such assignment, as specified in the
paragraphs 1 to 3 ".

38th Under § 23 the following § 23a is inserted:

"§ 23a

(1) The Office shall publish notice of the decision to grant, modify or cancel
allocation of radio frequencies and information transfer or assignment
allocation of radio frequencies.

(2) The Office shall issue at the request of the new holder of allocation of radio frequencies
certificate of change in the person of the holder of the allocation. ".

39th In § 25 par. 4, after the word "Collection of International Treaties" shall be inserted
words ", or resulting from the Czech Republic's membership in the European Union
NATO or international organizations, or
if necessitated by security State ".

40th In § 26 paragraph 2, including footnote no. 18 reads:

"(2) Operation of radio transmitting equipment referred to in paragraph 1 may
by persons who possess a valid certificate of professional competence
to operate such equipment. If the holder of the authorization to use radio frequencies
legal person is obliged to ensure that the operator
transmitting radio equipment only person who has a valid certificate of professional competence
. Upon request the Office verifies test
competence to operate radio transmitting equipment and issue certificates
proficiency. If extra capacity has been recognized by the Office
under a special legal regulation 18)
Office will verify the applicant's ability to operate radio transmitting equipment, always.

18) Act no. 18/2004 Coll., On the recognition of professional qualifications and other
of nationals of Member States of the European Union and
amending some laws (Act on recognition of professional qualifications). ".

41st In § 26 par. 3, second sentence, the word "allow" is replaced

"Sets a date" and the word "test" the words "so that
place."

42nd In § 26 par. 4, after the word "test" the words "or if
its special competence has been recognized by the Office under a special legal regulation
".

43rd In § 26 paragraphs 6 and 7 are added:

"(6) At the request of the holder of the professional competence, the period of validity
certificate of proficiency repeatedly extended.
Request for extension of the period of validity of the professional competence must be certificated
made at least one month before the date of expiry of its validity.

(7) If the validity of the professional competence has expired, can be
period of one year from the date of its expiry
issue a new license unless the applicant proves request by confirming that the period of validity of the license at least
two years he performed
transmitting radio equipment to which the certificate of professional competence issued. ".

44th In § 27, after paragraph 3 the following paragraph 4 is added:

"(4) The costs referred to in paragraph 1 shall mean

A) technical adjustment device in case of changes to the assigned
radio frequencies or changes its technical parameters

B) the amortized cost of the equipment used for existing way
use of radio frequencies and discarded due to changes in the use of radio frequencies
,

C) cost of dismantling and decommissioning the existing method for
use of radio frequencies of operation

D) the cost of installation and commissioning of equipment to replace the discarded equipment and


E) the costs of providing electronic communications services provided through
previous radio frequencies in another way, after
period necessary to provide the necessary technical arrangements for the implementation
changes in the use of radio frequencies. ".

Former paragraphs 4 and 5 shall be renumbered paragraphs 5 and 6

45th In § 29 at the end of paragraph 1 sentence "
Numbering plans will also determine exceptions to the obligation to provide number portability (§ 34).".

46th In § 30 at the end of paragraph 2 the following sentence "In the case of European harmonized numbers
Office decides to grant permission entrepreneurs
providing a public communications network or a publicly
available electronic communications services or also non-business person
whose activity corresponds to the purpose for which such numbers are reserved
. Access to private networks, the Office decides
authorization to use numbers person operating these networks. ".

47th In § 30 paragraph. 8, at the end of subparagraph d), the word "or" is replaced by a dot
a letter e) shall be deleted.

48th § 31 including the heading deleted.

49th In § 33 at the end of paragraph 1 the sentence "Emergency numbers
used for event notification when a threat to life, health, property or
public order.".

50th In § 33 par. 3, the last sentence is replaced by the sentence "This information is
providing contractor must be updated regularly, but at least
once every 14 days.".

51st In § 33 para. 4 point. a) the words "in paragraph 3," the words
"including information about its subscribers to publicly available telephone services."

52nd In § 33 para. 4 point. b) after the word "ensure" the words
"and the Office."

53rd In § 33 par. 6, after the word "make" the words "Office and".

54th In § 33, paragraphs 11 and 12 are added:

"(11) If a subscriber or user, makes
malicious calls to the emergency services, the entrepreneur, in whose network such
call was made, shall, at the request of the entity operating a facility for
reception of calls to emergency numbers, disable its network
operation of telecommunication terminal from which the calls are made
. The request by the first sentence must be made in electronic form
a guaranteed electronic signature
based on a qualified certificate issued by an accredited certification service provider
under a special legal regulation
. About the telecommunication end user device to operate
Office will decide on the request of the participant.

(12) A malicious call to emergency numbers means calling

These numbers for a purpose other than that specified in paragraph 1 ".

55th Under § 33 the following § 33a, which, including footnotes.
18a reads:

"§ 33a

Undertaking providing a publicly available telephone service shall
possible for all its end users, including users of public payphones
, free calls to European harmonized numbers
^ 18a). Right operator of public telephone service on
costs from the person that the harmonized numbers
uses, is not affected.

18a) Commission Decision 2007/116 / EC of 15 February 2007 on reserving
national numbering range for harmonized numbers
harmonized services of social value. ".

56th In § 34 at the end of paragraph 1 the sentence "This is not the case
telephone numbers for which it lays down implementing legislation
according to § 29 paragraph. 4. '.

57th In § 34 par. 3, "freephone" is replaced
"for access to a collect call" and "premium rate"
be replaced by "premium rate".

'58. In § 36 para. 1 at the end of the text of letter c) the words "or
change in the amount of fees pursuant to § 37".

59th In § 36 paragraph 3 reads:

"(3) At the request of the holder of the authorization to use numbers
Office will decide on extension of validity of the authorization. Unless prevented
facts mentioned in paragraph 1. a) or if there are no grounds for denying
authorization to use numbers according to § 30 par. 8, Office
validity period extended, but not exceeding the period specified in the authorization.
Period of validity may be extended repeatedly. The request for extension of validity
authorization to use numbers must be delivered to the Office
latest one month before its expiry. ".

60th In § 36 para. 4 at the end of the text of letter b) the words "
even though he has the possibility to withdraw the authorization for that reason, the Authority notified in writing
".

61st In § 36 par. 7 at the end of subparagraph b) the words "when this
no legal successor".

62nd In § 36, paragraph 8 shall be added:

"(8) The holder of the authorization to use numbers, or his successor,
is obliged to ensure that immediately after expiry of the authorization to use numbers
completed using numbers based on this
authorization.".

63rd In § 38 par. 3, second sentence, the words "tender"
inserted the words "and determination of entrepreneurs."

64th In § 38 par. 3 of the last sentence, the number "11" is replaced by "4".

65th In § 38 par. 5, the words "a list of persons who are entitled to a special price
implement and" are deleted.

66th In § 39 at the end of paragraph 3 the sentence "If the Authority on the basis
review finds that the reasons for imposing an obligation to provide partial services
according to § 38 par. 2 do not, decide on the abolition of this obligation, including payment settlement
net costs of its provision at a time when the
service is provided. ".

67th In § 49 paragraph 2 to 4 added:

"(2) The Office shall determine whether the net costs of providing universal service
determined in accordance with § 48 presents for the provider
unbearable burden. In the event that the amount represents the net cost for the provider
this unbearable burden, the Office will also decide on the amount
reimbursement of those costs. The period within which amount must be remitted
universal service provider must not be longer than three months from the date of the decision
under the second sentence.

(3) Net expense pursuant to paragraph 2 shall be borne by the state through the Office.

(4) If the pumping cost recovery of providing universal service
under paragraph 2 on the basis of incorrect or incomplete data
universal service provider, the Office shall revoke its decision and
again on the above payment the cost of providing universal service
decision. The universal service provider is obliged to unduly
funds invested return within 15 days of legal
when the decision by the Office decided to defray the costs of
universal service provision in the new amount or payment has not been awarded.
The universal service is also obliged to pay a penalty for
unauthorized disbursement of funds amounting to 1 per mille of the day

Amount equal to the difference between the amounts referred to in the annulled decision on
amount of the costs of providing universal service and the amount referred
new decision under the first sentence. Penalties
revenue of the state budget. The Authority may, in order to avoid or reduce the hardness penalties
exceptionally pardon. ".

68th In § 49, paragraphs 5-14 deleted.

69th In § 50 para. 1, letter b) shall be deleted.

Existing letters c) and d) shall become letters b) and c).

70th In § 50 para. 1, letter c) reads:

"C) information on the compensation paid for net costs".

71st In § 52 paragraph. 1 first sentence, the word "including" the words
"criteria for the definition of the relevant market."

72nd In § 52, paragraph 3 shall be added:

"(3) In the case of a relevant market that has been subjected to regulation
according to § 51, which is no longer referred to in paragraph 1 shall
relevant market, the Office shall decide on the withdrawal of an undertaking with significant market power
and repeal of the obligations pursuant to § 51 ".

73rd In § 54 par. 1 point. b) the word "submit" the words "
in electronic form" and the word "immediately" words "on demand".

74th In § 61 at the end of the text of paragraph 3, the words "except
cases referred to in § 33 para. 11".

75th In § 62 paragraph. 3, the word "publish" is replaced by "issued as
general measures".

76th In § 63, paragraph 5, including footnote no. 24a reads:

"(5) The Authority may undertaking providing publicly available electronic communications service
impose a decision to carry out a change
general conditions for publicly available electronic communications
if they are in conflict with this Act or its implementing
laws and regulations to this law or if it is necessary to achieve protection
consumers because of unfair, misleading or aggressive commercial practices
or because of discrimination, consumer-24a).

24a) Act no. 634/1992 Coll., On consumer protection, as amended
regulations. ".

77th In § 64 para. 2, the second sentence is replaced by the phrase "
The bill does not call for entries or other electronic
communications subscriber, including calls to numbers for access to services
collect." .

78th In § 66 para. 1 the words "to the extent pursuant to § 41 paragraph. 5"
be replaced by the words "under the conditions according to § 41 paragraph. 3 point. b) and the last sentence and
range according to § 41 paragraph. 5 ".

79th In § 67 para. 1, "a participant at the expense of
party" is replaced by "its subscriber's cost".

80th In § 67 after paragraph 1 the following paragraph 2 is added:

"(2) The undertaking providing a publicly available telephone service
obliged, if requested, provide an undertaking pursuant to paragraph 1
data necessary to identify the subscriber number from which it was carried
malicious or annoying calls,
retroactively and for specific calls that the subscriber identified as malicious or annoying,
no later than two months from the date of completion of such a call. ".

Existing paragraph 2 shall be renumbered third

81st In § 71 para. 2, after the words "publicly available"
insert the word "phone" and "electronic communications" are deleted.

82nd In § 79 par. 2 letter a) reads:

"A) an undertaking which controls access to end-users
obligation to allow access to facilities or services pursuant to § 78
to ensure the end-to-end, in justified cases
including interconnection, within the time limit set by ".

83rd In § 79 par. 2 at the end of the text of letter b) the word "(EPGs)" is deleted.

84th In § 80 paragraph. 4, after the words "decide the dispute" the words "
of access or interconnection."

85th In § 80 after paragraph 4 the following paragraphs 5 and 6 are added:

"(5) In the event of changes and additions to an access or interconnection contract for
apply paragraphs 3 and 4 similarly.

(6) Entrepreneurs, who have signed an interconnection or access
are obliged to pay the price for interconnection or access stipulated in the contract
interconnection or access. ".

The former paragraph 5 is renumbered as paragraph 7.

86th In § 83, paragraph 8 reads:

"(8) The undertaking providing service disseminating digital radio and

Television broadcaster shall provide in its network broadcasts
services directly related to the program ^ 11). The Office provides general
authorization pursuant to § 10 conditions to ensure the electronic program guide
. Conditions laid down by the Office
this provision shall not affect the obligations provided by the
broadcasting in relation to the method of presentation
electronic program guides and similar overview and guidance
aids in the regulation of content . '.

87th In § 83 paragraph. 9 of the introductory part of the word "digital"
words "and radio".

88th In § 83 paragraph. 9 letter a) reads:

"A) to enable the broadcasting of radio and television programs, whose
minimum number, technical quality and other conditions spreading down
Office in accordance with § 22 of the allocation of radio frequencies."

89th In § 83 paragraph. 9 point. b) the word "(EPGs)" is deleted and the word "all"
the words "and radio".

90th In § 84 par. 3, the words "or due to construction of multiple public
services under the Act on Czech Television" is deleted and the word "entitled" to
words ", after consultation with stakeholders in accordance with § 130" .

91st In § 84 par. 6, the words "within 15 days" is replaced
"within 15 working days" and the words "15 days" are replaced
words "15 working days".

92nd In § 90 par. 2, the words "in paragraphs 3 and 4" is replaced by "paragraphs
3-6."

93rd In § 90 paragraph 3 reads:

"(3) undertaking providing a public communications network or providing
publicly available electronic communications service is obliged to keep
operating data for services provided by the subscriber or user
pending resolution of the dispute under § 129 par. 2 or end of the period during which it can be
bill or provision of electronic communications services
legally challenged or the payment thereof collected. ".

94th In § 90 after paragraph 3 new paragraphs 4 and 5 are added:

"(4) The undertaking providing a public communications network or providing
publicly available electronic communications service may process
operating data required for billing for the service provided
subscribers or users for access to the end of the period during
which payment may be collected.

(5) Entrepreneurs providing public communications network or providing
publicly available electronic communications service may mutually
transmit data related to the provision of services and data
merging parties to ensure interconnection and access to network to
mutual billing and identifying abuse networks and electronic communications services
. Abuse of electronic communications
means the repeated delay in paying the price according to § 64
or making malicious or annoying calls. ".

Former paragraphs 4-7 become paragraphs 6 to 9

95th In § 90 par. 8 of the first sentence the words "paragraph 3" shall be replaced
"in paragraphs 3 to 5" and the second sentence, the words "paragraph 4" shall be
words "paragraph 6".

96th In § 90 par. 9, the words "under paragraphs 2 to 5" is replaced
"in accordance with paragraphs 2 to 6".

97th In § 95 para. 1 point. b) the words "with the publication of their personal data
" the words "according to § 41 paragraph. 5".

98th In § 97 paragraph 5 reads:

"(5) A legal or natural person providing the publicly available telephone service
is obliged to request information from the database
all subscribers of publicly available telephone services
body authorized to request them pursuant to special legislation,
and at his expense. The form and scope of the information provides
implementing legislation. ".

99th In § 97, paragraph 12, which reads:

"(12) The form of the records provided under paragraph 11
way of submission to the Office in the implementing legislation.".

100th § 98 including the title reads:

"§ 98

The safety and integrity of public communications networks and electronic communications services


(1) The undertaking providing a public communications network shall
ensure the integrity and security of its network.

(2) To ensure the integrity of public communications networks Authority issued

Network plans (§ 62), which defines the basic properties of these networks
and their interfaces, which are essential for the interconnection
public communications networks for access and for connecting non-public communications networks
.

(3) The undertaking providing a public communications network or providing
publicly available electronic communications service may, in cases where the
threatened or there is a serious breach of security and integrity of its network
due to damage or destruction of electronic communication
equipment, particularly due to major traffic accidents or natural disasters
, suspend service or deny access to the service. About
extent and reasons for discontinuation of services or the denial of access
thereto and the anticipated date of removal of the cause shall immediately inform the Office
and appropriate manner and users.
Interruption or denial of access must be limited to the time strictly necessary, and if
technically possible, must be maintained access to emergency
call. ".

One hundred and first § 99 including the title and footnotes Nos. 38 and 39 reads:

"§ 99

Security, Integrity and Service Provision in Crisis Situations

(1) The undertaking providing a public communications network or providing
publicly available electronic communications service for emergency
state is obliged by its technical and organizational rules
ensure the integrity and security of its network and interoperable
services. Requisites mentioned technical and organizational rules
Office provides a measure of a general nature.

(2) The undertaking referred to in paragraph 1 shall submit to the Office on its
request documents specifying the technical and organizational rules
according to paragraph 1 and to allow the Office to monitor compliance with these rules.
Office is entitled upon findings contradict these documents with the law or with his
measure notify the undertaking concerned of this fact and
prescribe a reasonable period to remedy the deficiencies.

(3) The undertaking providing a public telephone network or providing
publicly available telephone service is entitled to a crisis situation ^ 39)
provide priority connections to the public telephone network and access to
publicly available telephone service subscribers to crisis
communications under special legislation 38). For this purpose, to the extent strictly necessary
entitled to restrict or interrupt the provision of publicly available telephone services
. A reduction or interruption of the provision of publicly available
telephone services, including its scope, it shall immediately inform the Office
. This limitation may last only as long as necessary,
and if it is technically possible, it must be maintained access numbers
emergency call.

(4) The undertaking referred to in paragraph 1 is in a crisis situation
obliged to immediately inform the Office of the threats to the integrity and security of its network, including
taken or planned corrective actions.

38) § 18 of Act no. 239/2000 Coll., On the integrated rescue system and
amending certain laws.

39) Act no. 240/2000 Coll., On crisis management and amending certain laws
(Crisis Act).

Constitutional Act no. 110/1998 Coll., On the Czech Republic's security. ".

102nd In § 100 paragraph. 4 the words "electromagnetic compatibility"
replaced by the word "resistance".

103rd In § 100 paragraph. 5, the words "electromagnetic compatibility"
replaced by the word "resistance".

104th In § 100 at the end of paragraph 7 of the sentence "The Office may perform
remove the interference source or other appropriate measures alone, unless
operator of the interfering device known or is demonstrably unattainable
or idle. Costs of removing the interference source bears his
operator; if not known, bears the costs of the Office. ".

105th In § 100, paragraphs 11 and 12 are added:

"(11) The Authority shall in the exercise of the decision to remove the source of interference
pursuant to paragraph 7 as much as possible to conserve the rights of owners of the real estate
.

(12) Persons authorized the Office to enforce the decision to remove the source of interference
under paragraph 7 are to implement this decision
entitled to the extent necessary to enter or drive on foreign
property on which the interference sources situated.".

106th In § 101, paragraph 1 reads:


"(1) The constructors of buildings, waterworks or equipment whose
application is associated with earthworks are required in proceedings under the Building Regulations
substantiate the request for the issuance of the relevant decision
expression operator of public communication
network of the existence of overhead or underground communication networks in the site
those entrepreneurs providing public communications networks to communicate
building Authority. The Building Authority establishes the conditions for the decision to protect
the communications network. ".

107th In § 107 par. 10, the words "under § 22," the words "22a, 22b
".

108th In § 108 paragraph. 1 point. e) the words "and sets, collected and enforced
payment of their remuneration and establishes and administers the Universal Service Account"
replaced by "decisions on the obligation to return the funds
unduly drawn to cover the net cost of universal
service and decides whether the net costs presents its
provider unbearable burden ".

109s. In § 108 at the end of paragraph 1 is replaced by a comma and a letter from
) and aa), added:

"Z) decide on changes to the general conditions for publicly available electronic communications service
according to § 63 para. 5

Aa) is executory administrative body for the enforcement of obligations set
this Act or stored ex officio on the basis thereof. ".

110th In § 112 at the end of paragraph 3 is replaced by a comma and
point e), added:

"E) inform the Council for Radio and Television Broadcasting
issuing a decision in accordance with § 19, 22a and 22b, with respect to radio frequencies for
radio service.".

111th In § 112, paragraph 4 reads:

"(4) The Office shall issue to the Council for Radio and Television Broadcasting at its request
^ 11) opinions, including a diagram of the use of radio frequencies for the required
territorial scope
radio or television broadcasting and data concerning possible limitations on the use of these radio frequencies
if they are known in advance. The plan of radio frequencies
a graphical representation of the anticipated area covered
a radio or television broadcasting. ".

112th In § 113, paragraph 4 reads:

"(4) During the inspection of the use of radio frequencies authorized persons shall
compliance with the conditions of allocation of radio frequencies,
general authorization or individual authorization to use radio frequencies
also monitor radio frequencies.
Monitoring radio frequencies generally takes place without prior notice
persons using radio frequencies to be monitored. ".

113th In § 113, after paragraph 5, the following paragraphs 6 and 7, which
added:

"(6) The method for determining the area covered by a broadcaster
method for determining the intensity of the electromagnetic field and the derived
population coverage by television broadcasting signal shall be laid down
regulation.

(7) The method for determining the area covered by a terrestrial analogue
radio broadcasting in the frequency range 87.5 - 108 MHz and
terrestrial digital broadcasting in the frequency bands 174-230 MHz and
1452-1479, 5 MHz, the method of determining the intensity of the electromagnetic field and the
derived population coverage by a radio broadcast
in the implementing legislation. ".

Former paragraphs 6-9 shall be renumbered 8 to 11

114 respectively. In § 115 paragraph. 3, subparagraph c) shall be deleted.

Existing letters d) to k) are renumbered c) to j).

115th In § 118 paragraph. 1, letter d) reads:

"D) uses radio frequencies without authorization to use radio frequencies
according to § 17 para. 1 or contrary to it, or in breach
general authorization".

116th In § 118 paragraph. 1, Point d) a new point e), which reads
:

"E) as the holder of the authorization to use radio frequencies or its legal successor,
terminates operation of radio transmitting stations according to § 19 paragraph
. 7 '.

Existing letters e) to t) are renumbered f) to u).

117th In § 118 paragraph. 1 point. f) the word "award" shall be deleted, the word
"authorized" the words "to use numbers" and end the letter with
words "or in contravention of this authorization or numbering

Plan ".

118th In § 118 paragraph. 1, at the beginning of the letters k) the words "
in conflict with § 96 para. 1 and 3," and the words "§ 96 par. 3" is deleted.

119th In § 118 paragraph. 1, letter l), new letters m) and n)
added:

'M) as an entrepreneur providing public telephone network or providing
publicly available telephone service to satisfy the obligation under § 99 par. 1
or 3, or as an entrepreneur providing public communications network
fulfilled an obligation pursuant to § 99 paragraph . 2

N) as the operator of the facility, the operations arises
RF energy to satisfy the obligation under § 100 paragraph. 1, 3 or 7
".

Existing letters m) to u) are denoted as Points o) to w).

120th In § 118 paragraph. 1 at the end of subparagraph v) the word "or" is deleted.

121st In § 118, at the end of paragraph 1, the period is replaced by the word "or" and
subparagraphs x), y), added:

'X) in conflict with § 114 paragraph. 1 does not resolve identified deficiencies or gaps
writing notifies

Y) makes malicious calls. ".

122nd In § 118, at the end of paragraph 2, the period is replaced by the word "or" and
following letter f), which reads:

"F) as an undertaking that provides electronic communications services that
provides access to publicly available telephone services, violates the obligation
according to § 33 para. 2. '.

123rd In § 118 paragraph. 4 point. p) the words "call" is replaced by "
providing electronic communications services".

124th In § 118 paragraph. 4 at the end of subparagraph q) the word "or" is deleted.

125th In § 118, at the end of paragraph 4 is replaced by a comma and the letters
s) t), added:

"S) as undertaking providing publicly available telephone service
through the public mobile telephone networks comply with the obligation by
§ 75 para. 1 or 3, or

T) as an entrepreneur providing publicly available telephone service
his obligation pursuant to § 33a. ".

126th In § 118 paragraph. 6 at the end of paragraph e) the word "or" is deleted.

127th In § 118, at the end of paragraph 6 dot replaced by the word "or" and
subparagraph g), added:

"G) to publish or submit to the Office information pursuant to § 47 para. 2. '.

128th In § 118 paragraph. 8, at the end of letter j) is replaced by a comma and
subparagraph k) is added:

"K) fails within the time change the general conditions for
publicly available electronic communications services in accordance with § 63 para. 5. '.

129th In § 118 paragraph. 9 letter d) be deleted.

Existing letters e) to h) shall become letters d) to g).

130th In § 118 paragraph. 9 at the end of subparagraph f) the word "or" is deleted.

131st In § 118 paragraph. 9 at the end of subparagraph g) the period is replaced by the words "
or" and subparagraph h), which reads:

"H) refuses to connect disconnects or removes equipment from operation without a permit
Office pursuant to § 74 para. 5 or disconnects equipment without
conditions pursuant to § 74 para. 6.".

132nd In § 118, at paragraph 10, the following paragraphs 11 to 14, which
added:

"(11) The undertaking providing service disseminating radio and television broadcasting
commits an administrative offense by

A) fails to conclude a contract pursuant to § 72a paragraph. 2, or

B) fails or fails to publish the draft agreement
including the general terms and conditions pursuant to § 72b paragraph. 1st

(12) The holder of an authorization to use radio frequencies for terrestrial
digital broadcasting commits an administrative offense
that

A) fails to provide the electronic program guide
according to § 83 paragraph. 9 point. b) or

B) to allow the broadcasting of radio and television programs according to § 83 paragraph.
9 point. a) or does not use the assigned radio frequencies according to § 83 paragraph. 9
point. C).

(13) The undertaking providing electronic communications network for terrestrial digital television broadcasting
or entrepreneur providing service disseminating
radio and television broadcasting in the network commits an administrative offense by
to withhold Office data on spare capacity stream
according to § 72c.

(14) A legal entity as the legal successor of the legal entity that has been
holder of allocation of radio frequencies, commits an administrative offense by
disclose that fact within the time limit pursuant to § 22c paragraph. 3. ".


Former paragraphs 11 to 13 are renumbered 15 to 17

133rd In § 118 paragraphs 15 to 17 are added:

"(15) for an administrative offense under paragraph 1. a) to o) and point. w) to
y), paragraph 2. a) to d) and point. f) of paragraph 3, paragraph 4 letter.
A) to c), paragraph 5. a) to c), paragraph 6 point. a) to c)
paragraph 7, paragraph 8 point. a) to e) and points. k), paragraph 9 point. a)
c) and point. g) and h) and paragraphs 10 to 14 will be fined up to 20 million CZK
.

(16) for an administrative offense under paragraph 1. p), paragraph 2. e) a
f) to paragraph 4. d) to k) and points. m) to a), paragraph 5. d)
paragraph 6 point. d), paragraph 8 point. f) and g) and paragraph 9 point. d) a
f) shall be fined up to 10 million CZK.

(17) for an administrative offense under paragraph 1. q) to v) and points. x)
to paragraph 4. l), paragraph 5. e) in paragraph 6 point. e) to g), paragraph 8
point. h) to j) and paragraph 9 point. f) shall be fined up
2 000 000 CZK. ".

134th In § 120 para. 1 after letter e) the following new paragraph f), which reads
:

"F) makes malicious calls."

Existing letters f) to k) are renumbered g) to l).

135th In § 120 para. 1 point. i) the word "offered"
replaced by the word "offer" and the words "§ 96 par. 3" is replaced by "§ 96 para. 1 and 3".

136th In § 120 para. 1, at the end of subparagraph k) the word "or" is deleted,
at the end of paragraph 1 is replaced by a comma and subparagraphs m) to
p), added:

'M) as the holder of the authorization to use radio frequencies terminated
operation of radio transmitting stations according to § 19 para. 7

N) as the operator of a facility whose operations produce high-frequency energy
fails to fulfill obligations under § 100 paragraph. 1, 3 or 7

O) fails to eliminate the deficiencies identified in accordance with § 114, or

P) fails to submit the information, data and documents requested by the Office pursuant to §
115th. "

137th In § 122 paragraph 9 reads:

"(9) Compliance with the obligation imposed on an undertaking with significant market power or
business decisions according to § 17 para. 2, § 30. 1, § 33 para. 9
§ 38 par. 2, § 51 paragraph. 3, 4, 8 and 9, § 57 par. 1 and 4, § 60 par. 2, §
61 paragraph. 2, § 70, § 71 para. 1, § 72 para. 1, § 74 paragraph. 1, § 76 par.
4, § 77, § 79 para. 2, § 82, § 83 paragraph. 7, § 84, § 86 par. 2 and 5, § 100, paragraph
. 7 and § 114 paragraph. 2 can be enforced by the imposition of coercive fines
up to a total of 10 million CZK. ".

138th In § 122, the following paragraph 10, which including footnote No.
. 48b reads:

"(10) In the case where the law stipulates that the Office of the President of the Council or
Council may amend or modify the decision issued by the Office of President of the Council or
Council shall hold new proceedings and issuing a new decision in the matter ^ 48b).

48b) § 101 point. e) of the Act no. 500/2004 Coll., Administrative Procedure. ".

139th § 123 reads:

"§ 123
Appeals


(1) An appeal or appeals against decisions of the Office, which in the first instance did not issue
President of the Council, the President decides Council.

(2) If, in the first instance decision issued by the Chairman of the Council, when
decision about the appeal shall not vote. ".

140th In § 125 paragraph. 4 point. a) after the words "general authorization"
inserted the word "ration".

141st In § 127 paragraph. 1, the third sentence is replaced by the phrase "
deadline for issuing a decision is 4 months, in particularly complex cases 6 months.".

142nd In § 127 at the end of paragraph 4, the sentence "President of the Council admits
pay the costs in full participant also if it was
for the conduct of another party's withdrawn proposal, which was filed participant reasonably
. '.

143rd In § 129 par. 1, a sentence added after the first sentence
including footnote no. 49a reads: "The Office shall also resolve disputes in
cases on the part of the person performing telecommunications activities (§ 7) || | or the subscriber or user has been changed by another person
mainly due to the assignment of receivables, debt assumption, accession commitment
^ 49a).

49a) Act no. 40/1964 Coll., Civil Code. Act no. 513/1991 Coll., The Commercial Code
. ".

144th In § 129 at the end of paragraph 1 the sentence "
deadline for issuing a decision is 4 months, in particularly complex cases 6 months.".

145th In § 129 after paragraph 1, the following paragraph 2 is added:


"(2) A proposal for resolving the dispute in accordance with paragraph 1 which relates
obligations of the subscriber or the user regarding financial settlement with
be filed on an electronic form. Sample forms and designs
technical requirements for their use in the implementing legislation.
Office in the implementing legislation. Office Forms exposes
manner allowing remote access. ". Paragraph 2 shall be renumbered
third

146th In § 129 at the end of paragraph 3 is replaced by a comma and the words
'right to claim otherwise expire.
Filing objections does not affect the obligation under § 64 para. 1, the Office is not justified
cases authorized at the request of the subscriber or user to decide
that by filing objections with the obligation under § 64 para. 1 is postponed until
into the opposition decision. This decision can not be appealed. ".

147th In § 129 at the end of paragraph 3 the sentence 'Office admits
pay the costs in full participant also if it was for
behavior of another party's withdrawn proposal, which was filed participant
reasonably. ".

148th § 134 including footnotes Nos. 50 and 51 reads:

"§ 134

(1) The Ministry of the Interior or the Police of the Czech Republic provides
Office for the purposes of state administration

A) the reference data from the basic register of residents,

B) data from the agenda information system of civil registration

C) data from the foreigners information system.

(2) The data provided pursuant to paragraph 1. a)

) Name,

B) the name or names,

C) the date, place and district of birth; by the data subject, who was born in
abroad, the date, place and country where he was born,

D) address of residence,

E) the date, place and district of death; in the case of died outside the territory
Czech Republic, date of death and the State in whose territory the death occurred;
If it is issued by a court decision declared dead, a day that is
decision as the date of death or the date on which the data subject
declared dead survived,

F) citizenship, or multiple citizenships,

G) number of electronically readable identification documents ^ 50).

(3) The data provided pursuant to paragraph 1. b)

A) the name or names, surname, maiden name,

B) identification number,

C) gender

D) address of permanent residence, including previous addresses
residence,

E) deprivation or restriction of legal capacity, including data
kept on a guardian.

(4) The data provided pursuant to paragraph 1. c)

A) the name or names, surname, maiden name,

B) identification number, if assigned,

C) gender

D) the type and address of residence or address to be delivered
document pursuant to special legislation 51)

E) the number and validity of residence permit,

F) start of residence, or date of termination of residence in the Czech Republic
,

G) exclusion or limitation of legal capacity, including information
kept on a guardian.

(5) Data that are kept as reference data in the basic register
population, the use of records information system
residents or foreigners information system only if they are in the shape
previous temporary situation .

(6) From the data provided in a particular case can only use
data that are necessary to fulfill the task.

50) For example, Act no. 328/1999 Coll., On identity cards, as amended
amended, Act no. 329/1999 Coll., On travel documents and
amending Act no. 283/1991 ., on the Police of the Czech Republic, as
amended (travel documents Act), as amended
amended, Act no. 325/1999 Coll., on asylum and amending Act no. 283
/ 1991 Coll., on the Police of the Czech Republic, as amended,
(asylum Act), as amended, Act no. 326/1999 Coll., on
stay of foreigners in the Czech Republic and amending some laws,
amended.

51) For example, § 46b point. a) Code of Civil Procedure. ".

149th Under § 134, § 134a inserted, which including footnote no.
52 reads:

"§ 134a


(1) The Ministry of Interior provides authority for the purposes of state administration
of the identity card records ^ 52)

A) the name or names, surnames citizen

B) the number or series of ID card

C) the date of issue of the license,

D) the designation of the authority which issued the identity card,

E) the period of validity of the ID card

F) number, or a series of lost, stolen or invalid
identity cards and the date of the loss or theft of the identity card
.

(2) From the data provided in a particular case can only use
data that are necessary to fulfill the task.
Data are provided in electronic form in a manner enabling remote access.

52) Act no. 328/1999 Coll., On identity cards, as amended
regulations. ".

150th § 141 is repealed.

151st In § 150 paragraph. 2, the words "§ 80 paragraph. 5" is replaced by "
§ 80 paragraph. 7 '.

152nd In § 150 paragraph 5 reads:

"(5) The Office shall issue a decree to implement § 33 para. 5, § 97 para. 7 and 12, § 113, paragraph
. 6 and 7 and § 129 par. 2. '.

153 above. In § 163, section 2, including footnote no. 15a repealed.

Art. II
Transitional provisions


First The time limit under § 22b par. 2 Act no. 127/2005 Coll., On electronic
communications and amending certain related laws (the Electronic Communications
), as effective on the date of entry into force of this Act
, for the holder of allocation of radio frequencies, which was
allocation granted before the effective date of this Act, shall commence
effective date of this Act. This is without prejudice
deadlines set by the Government on the technical transition plan.

Second Operator of electronic communications network through which the service is provided
distribution of terrestrial television broadcasting
is entitled to reimbursement of costs incurred on the provision of primary
signal for subsequent radio transmitting devices low power, if the loss occurred
in connection with the performance of Government Regulation on technical plan of transition
if this radio equipment is located outside the geographical area in which
switching off the analog high-power transmitters, or
lie in this area, but in the subject area covered
terrestrial analogue television broadcasting of such radio equipment is not provided coverage
terrestrial digital TV broadcasting.

Third If the operator of the regional
terrestrial digital television broadcasting licenses in the case of a program that was distributed
via analogue terrestrial television broadcasting at frequencies
shared with nation-wide terrestrial analogue television broadcasting
licensed before the effective date Act No.
235/2006 Coll., amending Act no. 231/2001 Coll., on
radio and television broadcasting and amending other laws, as
amended, and certain other laws, ask the network operator
electronic communications through which this Programme should be
distributed digitally in the context of the data stream used for propagation
nationwide program which was broadcast on shared
analog frequencies, obligated within 90 days of receipt of the operator
regional television broadcasters
ensure adequate technical breakdown of the network in order to realize
regional broadcasting, provided that no disruption of network integrity. For
fulfill this obligation the operator is entitled to compensation according to § 27 paragraph
. 4 of Act no. 127/2005 Coll., On electronic communications and amending
certain related laws (the Electronic Communications Act), as amended
effective from the date of entry into force of this Act.

Fourth If the operator
nationwide terrestrial digital television broadcasting licenses in the case of a program that has to be
valid license conditions regionally disconnected, ask the operator
electronic communications networks shall within 90 days of || | receipt of the request of the operator to ensure adequate technical
of this network in order to realize regional broadcasting if it
does not undermine the integrity of the network. For fulfilling this obligation has
operator is entitled to compensation pursuant to § 27 para. 4 of the Act no. 127/2005

Coll., On electronic communications and amending certain related
laws (Electronic Communications Act), as amended effective on the date
entry into force of this Act.

Fifth Reimbursement of costs under section 2, 3 or 4 shall be granted if these
costs incurred and were incurred by the network operator
electronic communications between the date of entry into force of the Government Decree on
technical plan of transition to the termination of analogue terrestrial | || broadcasting in the Czech Republic.

6th Reimbursement of costs under section 2, 3 or 4 shall be provided by the Radiocommunications
account [§ 27 of Act no. 127/2005 Coll., On electronic
communications and amending certain related laws (the Electronic Communications
) , as amended, effective from the date of entry into force of this Act
]. The claim for reimbursement shall decide on the request
Czech Telecommunication Office. The request for reimbursement must network operator
electronic communications filed within three months from the date of
costs or within 3 months from the effective date of this Act
, otherwise the right expires. In cases under section 2, 3 or 4 sets
Czech Telecommunication Office amount of the costs as the difference between the amount
proven to effectively and efficiently incurred and the amount of the costs, which would
electronic communications network operator incurred if | || not to lose the primary signal or if he had no obligation
ensure adequate technical breakdown networks for the purpose of
regional broadcasting.

7th By 31 December 2012 the Czech Telecommunication Office
use radio communication devices account for evaluation
cases under Sections 2, 3 and 4, monitoring the status and extent of television broadcasting,
analysis of the availability of television broadcasting and efficiency | || radio frequencies, or recover the costs associated with its activities
in these cases and cases under point 6
Czech telecommunication Office may, within the first sentence to use funds
radiocommunications account also to defray the costs of performing duties
associated with the harmonization of spectrum management in the preparation and implementation
measures arising from the harmonization of spectrum use at European
related to the completion of the transition from terrestrial
analogue television broadcasting to digital terrestrial television broadcasting
including preparation and realization of the digital dividend,
resulting from the termination of analogue television broadcasting in the Czech Republic
.

8th Funds drawn from the radiocommunications account under point 7
not in any calendar year exceed the equivalent of 10% of revenue radiocommunications
account for the immediately preceding calendar year.

9th At the time of the effective date of this Act to 31 December 2012
converts the Czech Telecommunications Office of the telecommunications bill
cash resources to the extent determined by the implementing regulation according to § 27 paragraph
. 6 and § 133 par. 2 Act no. 127/2005 Coll., On electronic
communications and amending certain related laws (the Electronic Communications
), as effective on the date of entry into force of this Act
, increased by 6% of the total revenue from the fees charged for the use of radio frequencies
.

10th The rights and obligations of the Czech Telecommunication Office
providers and payers universal service to the universal service account in the calculation and payment
net cost of universal service provision and assessment, collection and enforcement
payments on account of universal services and || | related penalties, as well as the rights and obligations concerning the management
universal service account, the content of the annual report on universal service and information provision
Czech telecommunications Office to calculate the amount
payment on universal service account for the accounting period universal || | service ended before the effective date of this Act shall
electronic communications Act and its implementing legislation
law, as in force before the effective date of this Act.

11th In the event that the payments to the universal service account specified by
Act no. 151/2000 Coll., On telecommunications and amendment of other laws,
amended, or pursuant to the Act on Electronic

Roads, as in force before the effective date of this Act
, will void the payer without a legal successor or depreciation
arrears for impregnability, the universal service provider
payment is made through the universal service account from the state
budget within 90 days of the dissolution of the payer without a legal successor or by
write off arrears for impregnability. If, after the payment of such payment by the previous sentence
made in connection with the write-off of arrears for
impregnability, there will be additional payments to cover the taxpayer or a third party
this is an additional payment made by the state budget revenue.

12th After settlement of all rights and obligations under paragraphs 10 and 11
Czech Telecommunications Office canceled the universal service account and any remaining balance on the account
converted to radio communications account. From 1 January 2011 to the date
abolition of universal services account for the purposes of managing payment stares at
funds in the account as a means of public budget ^ 22).

13th Chairman of the Czech Telecommunication Office is obliged
within six months from the effective date of this Act supplement the allocation of radio frequencies
issued before the effective date of this Act, the specification
radio frequencies according to § 22 paragraph. 2 point. a) Act no. 127/2005 Coll.
on electronic communications and amending certain related laws
(Electronic Communications Act), as amended, effective from the date of entry into force of this Act
. Chairman of the Czech Telecommunication Office
while taking into account the state of the use of radio frequencies and the conditions laid down
Radio Spectrum Utilisation Plan (§ 16).
PART TWO


Amendment to the Act on Administrative Fees

Art. III

Act no. 634/2004 Coll., On administrative fees, as amended by Act no. 217/2005 Coll
., Act no. 228/2005 Coll., Act no. 357/2005 Coll., Act No. .
361/2005 Coll., Act no. 444/2005 Coll., Act no. 545/2005 Coll., Act no. 553/2005 Coll
., Act no. 48/2006 Coll., Act no. 56/2006 Coll., Act no.
57/2006 Coll., Act no. 81/2006 Coll., Act no. 109/2006 Coll., Act no. 112/2006
Coll. Act no. 130/2006 Coll., Act no. 136/2006 Coll., Act no. 138/2006 Coll
., Act no. 161/2006 Coll., Act no. 179/2006 Coll., Act No. .
186/2006 Coll., Act no. 215/2006 Coll., Act no. 226/2006 Coll., Act no. 227/2006 Coll
., Act no. 235/2006 Coll., Act no. 312/2006 Coll., Act no. 575/2006 Coll
., Act no. 106/2007 Coll., Act no. 261/2007 Coll., Act no. 269/2007
Coll. Act no. 374/2007 Coll., Act no. 379/2007 Coll., Act no. 38/2008
., Act no. 130/2008 Coll., Act no. 140/2008 Coll., Act No. .
182/2008 Coll., Act no. 189/2008 Coll., Act no. 230/2008 Coll., Act no. 239/2008 Coll
., Act no. 254/2008 Coll., Act no. 296/2008 Coll., Act no. 297/2008 Coll
., Act no. 301/2008 Coll., Act no. 309/2008 Coll., Act no. 312/2008
Coll. Act no. 382/2008 Coll., Act no. 9/2009 Coll., Act no. 141/2009 Coll
., Act no. 197/2009 Coll., Act no. 206/2009 Coll., Act No. .
227/2009 Coll., Act no. 281/2009 Coll., Act no. 291/2009 Coll., Act no. 301/2009 Coll
., Act no. 346/2009 Coll. and Act no. 420/2009 Coll., is amended as follows
:

First In Annex Tariff Act, section VIII, item 110, Point d)
, subparagraphs e) and f) are added:
"e) Submission of a proposal for a decision on the dispute

contract between the service provider | || transmission of radio and television broadcasters and

broadcasting CZK 10,000

f) Submission of a proposal to return

the telecommunication terminal equipment into operation CZK 1000. " .



Second In Annex Tariff Act, section VIII, item 112, letter b)
subparagraphs c) and d) are added:
"c) certification of the change in the person
holder of allocation of radio frequencies CZK 1000 || |
d) Giving consent to transfer the allocation of radio frequencies
CZK 10 000. ".

PART THREE


Change Crisis Act

Art. IV

In Act no. 240/2000 Coll., On crisis management and amending certain laws
(Crisis Act), as amended by Act no. 320/2002 Coll., Act no. 127/2005 Coll
. Act no. 112/2006 Coll., Act no. 267/2006 Coll., Act no. 110/2007 Coll
. and Act no. 306/2008 Coll., § 12a, including the title and footnotes
line no. 15a repealed.
PART FOUR


Amendment to the Act on certain measures in the system of central government

Administration, related to the abolition of the Ministry of Informatics and on amendments to some laws


Art. In

In Act no. 110/2007 Coll., On certain measures in the system
central government bodies, relating to the abolition of the Ministry of Informatics
and amending certain laws, to § 12 including the title deleted.
PART FIVE


Changing the law on economic measures for crisis situations and amending certain related laws


Art. VI

In § 22 paragraph. 1 of Act no. 241/2000 Coll., On economic measures for crisis situations
and amending certain related laws, the comma at the end of paragraph e
) is replaced by full stop and letter f) deleted.
PART SIX


The amendment to the Radio and Television Broadcasting

Art. VII

Act no. 231/2001 Coll., On radio and television
broadcasting and amending other laws, as amended by Act no. 309/2002 Coll.
Act no. 274/2003 Coll., Act no. 341/2004 Coll., Act no. 501/2004 Coll.
Act no. 626/2004 Coll., Act no. 82/2005 Coll., Act no. 127/2005 Coll.
Act no. 348/2005 Coll., Act no. 235/2006 Coll., Act no. 160/2007 Coll.
Act no. 296/2007 Coll., Act no. 304/2007 Coll., Act No. . 124/2008 Coll.
Act no. 384/2008 Coll., Act no. 41/2009 Coll., Act no. 196/2009 Coll. and
Act no. 227/2009 Coll., is amended as follows:

First In § 17 paragraphs 4 and 5 shall be deleted.

Second In § 18 par. 4 point. e) the words "full format program"
inserted the words "and conditions related to the possible provision of services directly related to the program
" and the words "and conditions relating to the provision
any services directly related to the program" are deleted.

Third In § 20 at the end of paragraph 3, the words "unless
special legislation provides otherwise-9d).". Footnote. 9d reads:

"9d) Art. VIII of the Act no. 153/2010 Coll., Amending Act no. 127/2005
Coll., On electronic communications and amending certain related
laws (Electronic Communications Act), as amended by subsequent legislation
and some other laws. ".

Existing footnotes. 9d and 9e are renumbered as footnotes
fn. 9e and 9f, including references to footnotes.

Fourth In the heading of Title II, the word "DIGITAL" the words
"RADIO OR".

Fifth In § 25 par. 1, first sentence, the word "television" is deleted.

6th In § 25 par. 2 point. d) after the word "security" and
word "digital" word "television" is deleted.

7th In § 27 paragraph 2 reads:

"(2) The application for registration shall contain the information specified in § 14 para. 1 point.
A) to f) and also the way the technical, organizational and financial
securing broadcast information about the programs that the applicant intends
spread, and identification of electronic communications networks, through
which will retransmission, and information about accessing
retransmission. The application for registration shall be accompanied
document proving authorization, under which the program was originally assumed
broadcasts; Where the acquisition program originally aired on authorization
issued in the Member State of the European Communities or in the state that
is a party to the European Convention on Transfrontier Television, the application for registration
connects only:

A) the name of the program

B) Basic program specifications

C) the date of authorization, under which the program was originally broadcast,
and the validity of the authorization

D) information on the regulatory authority which issued the authorization based on which
program originally broadcast. ".

8th § 55b shall be deleted.

Art. VIII
Transitional provisions


First At the time of transition from terrestrial analogue television broadcasting to terrestrial digital television broadcasting
television broadcaster with
licenses and broadcaster legally obliged to ensure
to the dissemination of its television program via transmitters
not cover the territory signal terrestrial analogue television broadcasting
^ 1), carried out outside the framework laid down by the government on technical plan of transition
^ 2), where possible signal coverage area
digital broadcasting ^ 1).

Second Received the Council for Radio and Television Broadcasting stimulus violation

Conditions pursuant to paragraph 1 shall initiate the restrictions set
technical parameters of broadcasting. Initiation of proceedings The Council for Radio and Television Broadcasting
notify the Czech Telecommunication Office, from which it will take
binding opinion. When given impetus by the first sentence
Czech Telecommunication Office attached to it binding opinion without request.

Third Czech Telecommunication Office will initiate proceedings to revoke the individual
authorization to use radio frequencies pursuant to § 19 para. 4 point. a)
Act no. 127/2005 Coll., as amended, effective from the date of entry into force of this Act
if they breach the terms pursuant to paragraph 1 commits
broadcaster by law.

Fourth The licensing procedure for the operation of terrestrial digital radio broadcasting
disseminated via transmitters and finally launched
unfinished until the effective date of this Act, the Council for Radio and Television Broadcasting
stops.
PART SEVEN



Changes in copyright law
Art. IX

Act no. 121/2000 Coll., On Copyright and Related Rights
copyright and amending some laws (Copyright Act), as amended
Act no. 81/2005 Coll., Act No. . 61/2006 Coll., Act no. 186/2006 Coll.
Act no. 216/2006 Coll., Act no. 168/2008 Coll., Act no. 41/2009 Coll. and
Act no. 227/2009 Coll., is amended as follows:

First In § 22 paragraph 3 is deleted.

Second Under § 38e is inserted § 38f, added:

"§ 38f

Copyright does not he who allows simultaneous reception,
unabridged and unaltered radio or television broadcast on
receivers of the same building or complex of buildings to each other spatially or functionally pertaining
, using a common house for antennas
conditions that allow only receiving terrestrial or satellite broadcast
a combined income not used for direct or indirect
economic or commercial advantage. ".

Third In § 74, 78, 82 and 86 after the words "§ 38e," the words "§ 38f".
PART EIGHT


Amendment to the Act on Czech Television

Art. X

In § 3 para. 1 of Act no. 483/1991 Coll., On Czech Television, as amended by Act No.
. 39/2001 Coll., Act no. 82/2005 Coll., Act no. 127/2005 Coll. and Act No.
. 304/2007 Coll., At the end of the text of letter a) the words "and that
under the conditions laid down by special legislation 1a).".

Footnote. 1a reads:

"1a) Article. VIII of the Act no. 153/2010 Coll., Amending Act no. 127/2005
Coll., On electronic communications and amending certain related
laws (Electronic Communications Act), as amended by subsequent legislation
and some other laws. ".

Existing footnotes. 1a to 1d are renumbered as footnotes
fn. 1b to 1e, including references to footnotes.
PART NINE


Changing the Postal Services Act

Art. XI

In § 37a of Act no. 29/2000 Coll., On postal services and on amendments to some laws
(Postal Services Act), as amended by Act no.
95/2005 Coll., The following paragraph 4 which reads:

"(4) The postal service when offering or providing services
violates any of the obligations set out in § 4 to 16
shall be fined up to 500 000 CZK.".
PART TEN


Art. XII

Amendment to the Act on the Police of the Czech Republic

Act no. 273/2008 Coll., On the Police of the Czech Republic, as amended by Act no.
41/2009 Coll., Is amended as follows:

First In § 39 paragraph 3 is deleted.

Second In § 118, paragraph 3 is deleted.
PART ELEVEN


Amendment to Act no. 281/2009 Coll.

Art. XIII

Under Article stopadesáté. CLII Act no. 281/2009 Coll. Amending
certain laws in connection with the adoption of the Tax Code, point 1
deleted.
PART TWELVE


AUTHORIZATION TO ANNOUNCEMENT Consolidated Act

Art. XIV

Prime Minister is authorized to make in the Collection of Laws the full wording
Act no. 127/2005 Coll., On electronic communications and amending
certain related laws (the Electronic Communications Act), as follows
from later laws.
PART THIRTEEN



EFFICIENCY
Art. XV

This Act shall take effect on the first day of the second calendar month
following the date of its publication.
Vlcek vr

Klaus vr

Fischer vr



1) Decree no. 163/2008 Coll., On determination of coverage
terrestrial TV.

2) Decree no. 161/2008 Coll., On technical plan of transition
terrestrial analogue television broadcasting to digital terrestrial television broadcasting
(Government Regulation on the Technical Transition Plan).