ACTof 22 February 2005

on Electronic Communications and on Amendments to Certain Related Acts

version effective as at 1 January 2015

127/2005 Coll.

ACT

of 22 February 2005

on Electronic Communications and Amendment to Certain Related Acts

(Electronic Communications Act)

Parliament has enacted this Act of the Czech Republic:

PART ONE

ELECTRONIC COMMUNICATIONS

TITLE I

Introductory Provisions

Section 1

Subject Matter

(1) This Act determines, on the basis of the law of the European Union 1), the conditions for business activities and the performance of state administration, including market regulation, in the area of electronic communications.

(2) This Act does not apply to the content of the services provided through electronic communications networks, such as the content of radio and television broadcasting, financial services and certain information society services, unless otherwise stated below. Separation of transmission regulation from content regulation is not to the prejudice of the linkages that exist between them and that are primarily intended to secure media plurality, cultural diversity and consumer protection.

(3) This Act does not affect regulations for the protection of competition.

Section 2

Definitions

For the purposes of this Act

a) “subscriber” means anyone who concludes a contract with an undertaking providing publicly available electronic communications services for the supply of such services,

b) “user” means anyone who uses or requests a publicly available electronic communications service,

c) “end user” means a user not providing public communications networks or publicly available electronic communications services,

d) “consumer” means any natural person who uses or requests a publicly available electronic communications service for purposes which are outside his or her business activities,

e) “operator” means an undertaking providing or authorised to provide a public communications network or associated facilities,

f) “provision of an electronic communications network” means the establishment, operation or supervision of such a network, or making it accessible,

g) “associated facilities” means associated services, elements of physical infrastructure and

other facilities or elements relating to an electronic communications network, and/or an electronic communications service, which enable or support the provision of services via that network or service or are able to do this, and include buildings or entrances to buildings, wiring in buildings, antennae, towers and other supporting structures, ducts, conduits, masts, manholes and distribution boxes,

h) “electronic communications network” means transmission systems and, where applicable, switching or routing equipment and other facilities, including network elements which are inactive and which permit the conveyance of signals by wire, by radio, by optical or by other electromagnetic means, including satellite networks, fixed circuit-switched or packet-switched networks and mobile terrestrial networks, electricity cable systems, to the extent that they are used for the purpose of transmitting signals, networks used for radio and television broadcasting and cable television networks, irrespective of the type of information conveyed,

i) “electronic communications equipment” means technical equipment for the emission, transmission, routing, switching and/or reception of signals through electromagnetic waves,

j) “public communications network” means an electronic communications network used wholly or mainly for the provision of publicly available electronic communications services, and which supports the transfer of information between network termination points, or an electronic communications network through which a service distributing radio and television broadcasts is provided,

k) “public telephone network” means an electronic communications network which is used to provide publicly available telephone services; it supports the transfer between network termination points of speech communication, and also other forms of communication, such as facsimile and data,

l) “interface” means

1. the termination point of a public communications network,

2. an interface for the interconnection of public communications networks or access thereto; or

3. a radio interface for radio wave path between radio equipment,

and the technical specification thereof,

m) “network termination point” means the physical point at which a subscriber is provided with access to a public communications network; in the case of networks involving switching or routing, this point is identified by means of a specific network address, which may be linked to a subscriber number or name,

n) “electronic communications services” means a service normally provided for remuneration which consists wholly or mainly in the conveyance of signals on electronic communications networks, including telecommunications services and transmission services in networks used for broadcasting, and on cable television networks, but excluding services that offer content by means of electronic communications networks and services, or exercise editorial control over the offered content transmitted using electronic communications networks and services; it does not include information society services, which do not consist wholly or mainly in the conveyance of signals on electronic communications networks,

o) “publicly available electronic communications service” means an electronic communications service from the use of which no person is excluded beforehand,

p) “publicly available telephone service” means an electronic communications service available to the public which directly or indirectly enables national or international calls to be made,

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q) “universal service” means the package of services set out in Section 38, which are available at the defined quality level to all end users throughout the territory of the state at an affordable price; affordable price should be understood to mean a price reflecting the level of consumer prices and the income of the population,

r) “radiocommunications service” means communications activities consisting in the transmission, emission or reception of signals by means of radio waves,

s) “call” means a connection established by means of a publicly available telephone service allowing two-way communication in real time,

t) “unsuccessful attempt to call” means a call which has been successfully connected but not answered or there has been intervention by the legal or natural person providing a public communications network or a publicly available electronic communications service,

u) “harmful interference” means interference which endangers the functioning of a radionavigation service or of other radiocommunications services that provide security, or which otherwise seriously degrades, obstructs or repeatedly interrupts radiocommunications services operating in accordance with this Act and other regulations, with obligations arising from international treaties to which the Czech Republic is bound and which were published in the Collection of Laws or in the Collection of International Treaties, and the obligations arising from the Czech Republic’s membership of the European Union or international organisations,

v) “network integrity” means the functionality and operability of interconnected electronic communications networks and the protection of these networks against faults caused by electromagnetic disturbance and/or operating load,

w) “interoperability of service” means setting transmission parameters of the service and interface in such a way as to enable communication between end users or between an end user and an undertaking providing the service, using technologically different electronic communications networks,

x) “regulation” means the aligning of communications activities and relationships in order to attain and maintain a competitive environment and protection of the electronic communications market, including protection of users of the electronic communications services by issuing decisions, measures of general nature and opinions in accordance with this Act and within its limits,

y) “breach of privacy” means a breach of security leading to unauthorized access to or unauthorized or accidental alteration, destruction, disclosure or loss of personal data processed in connection with the provision of publicly available electronic communications services,

z) “vertically integrated undertaking” means an undertaking which operates an electronic communications network and which also provides electronic communications services in the retail or wholesale market, or a group of undertakings if their mutual relations correspond to a directly applicable regulation of the European Union53), which provide an electronic communications network, while also providing electronic communications services in the retail and wholesale markets,

aa) “allocated services” means services related to electronic communications networks or an electronic communications service which may allow, permit or support the provision of services via that network or service, and include number transfer systems, or systems offering equivalent functionality, conditional access systems and electronic programme guides, as well as other services, such as services to determine the identity, location and presence of the user.

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Section 3

(1) The Czech Telecommunications Office (hereinafter referred to as the “Office”) is hereby established as a central administrative body with responsibility for state administration in matters set out in this Act, including market regulation and determination of business terms and conditions in the area of electronic communications and postal services2).

(2) The seat of the Office is in Prague.

(3) The Office is an accounting entity. The Office has a separate chapter in the State Budget of the Czech Republic.

TITLE II

Objectives and Main Principles of Regulation

Section 4

Regulation is carried out for the purpose of substituting for any missing effects of economic competition and to provide conditions for the appropriate functioning of economic competition and for the protection of users and other market actors until a fully competitive environment is achieved.

Section 5

(1) The Ministry of Industry and Trade (hereinafter referred to as the “Ministry”) and the Office shall promote economic competition in the provision of electronic communications networks and services and associated facilities and complementary services by undertakings by making decisions within the scope of their authority, including, but not limited to the following; to

a) ensure that users, including disabled users, and those who, with regard to their age or social needs can be considered eligible for special treatment, derive maximum benefits in terms of their possible choice of service, price and quality,

b) ensure that economic competition in the electronic communications area, including content transmission services, is not disturbed or limited, and

c) provide effective management and reasonable utilisation of radio frequencies and numbers.

(2) The Ministry and the Office contribute to the development of the internal market of the European Union by performing tasks including, but not limited to the following, to

a) remove, when making decisions, any obstacles that hinder the provision of electronic communications networks, associated facilities and complementary services, and the provision of electronic communications services among European Union Member States (hereinafter referred to as “Member States”),

b) support, when making decisions, the establishment and development of trans-European networks and the interoperability of pan-European services among the Member States, and

c) co-operate, in accordance with the transparency principle, with the national regulatory authorities in other Member States, the European Network and Information Security Agency (ENISA), the Association of European Regulators for Electronic Communications BEREC (hereinafter referred to as the "BEREC" Association) and the Commission of the European Union (hereinafter referred to as the "Commission") to develop consistent regulatory practices based on the implementation of the relevant Directives of the European Union.

(3) The Office shall further promote the end user’s interests by performing tasks including, but not limited to, the following; to

a) ensure that all end users have access to the universal services in accordance with Section 38,

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b) ensure, in accordance with the provisions of this Act, a high level of consumer protection,

c) contribute to the provision of a high level of personal data and privacy protection,

d) support the provision of clearly formulated information, in particular by asserting the transparency of prices and the conditions for using publicly available electronic communications services,

e) meet the needs of disabled users, and those who, with regard to their age or social needs can be considered eligible for special treatment, in accordance with the provisions of this Act,

f) support the maintenance of the integrity and security of public communications networks,

g) promote the ability of end users to access information and the ability of end users to distribute information and run applications and services of their choice, and

h) provide for the harmonisation of use of radio frequencies in accordance with the need to ensure their efficient use and to obtain benefits for the consumer such as economies of scale and interoperability of electronic communications services..

(4) In fulfilling the objectives set out in Subsections 1 to 3 above, the Ministry and the Office shall in particular respect the principles of non-discrimination, objectivity, technological neutrality, transparency and proportionality as specified in Section 6 below. At the same time it will, in particular,

a) promote predictable regulations by ensuring a consistent regulatory approach over applicable review periods,

b) create conditions for economic competition to the benefit of consumers and, where justified, promote competition in infrastructure,

c) promote effective investment in the innovation of the existing infrastructure or the construction of new infrastructure, including by ensuring that any obligation relating to access to infrastructure takes appropriate account of the risk incurred by the undertaking making the investment and creates conditions for cooperation agreements between it and the party seeking access, in order to spread the investment risk, whilst ensuring the preservation of competition in the market and complying with the principle of non-discrimination,

d) take into account the various conditions relating to competition and consumers that exist in different geographical regions in the Czech Republic,

e) in its decision-making, ensure that, under similar conditions, there is no discrimination between undertakings providing electronic communications networks or delivering electronic communications services.

(5) Should any doubts occur as to the meaning of the provisions of this Act concerning the regulatory activities of the Office in the area of electronic communications networks and services, they should be construed in accordance with the principles set out in Subsection 4 above.

Section 6

(1) The Ministry and the Office shall not, by their actions and decisions, provide any advantage to any undertaking or user, or any group of undertakings or users, to the detriment of other undertakings or users, unless they act on the basis of this Act and have well justified grounds for such conduct, related to differences in the positions of the various persons concerned. Any difference in the treatment of those persons or entities must be in accordance with this Act.

(2) The Office shall regularly monitor and evaluate the effects of any remedies imposed on

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the individual relevant markets, and shall also do so during the periods between the analyses carried out on the basis of this Act. If the Office sees that an imposed remedy has an adverse impact on the markets or causes excessive deformation of the markets, or that the reason for its imposition no longer exists, or that effective and sustainable economic competition exists on the relevant market, the Office shall amend or cancel the remedies imposed immediately.

(3) The Ministry and the Office shall take account of the need for technologically neutral regulation; technologically neutral regulation means regulation that imposes no obligation to use any specific type of technology and provides no preferential treatment in respect of any type of technology.

(4) Unless otherwise provided in this Act, the Office shall meet the transparency principle by

a) providing in advance any information as may be essential for evaluating the matter in question to undertakings that provide publicly accessible electronic communications services, and to users, unless the disclosure of such information is banned by the provisions of a special legal regulation3), in order to make the conduct of the Office predictable in those cases where a specific status is related, on the basis of this Act, with the Office’s right or duty to act,

b) providing appropriate justification for any measure of a general nature and any decision, including pricing decisions.

TITLE III

Regulation of Communications Activities

Volume 1

Communications Activities and Business

Section 7

(1) Communications activities are:

a) the provision of electronic communications networks,

b) the provision of electronic communications services,

c) the operation of apparatus (Section 73).

(2) The provision of a public communications network, the provision of publicly available electronic communications services and the provision of electronic communications networks for the purposes of the security of the State are activities performed in the public interest.

Section 8

(1) The subject-matter of business in electronic communications is:

a) the provision of electronic communications networks,

b) the provision of electronic communications services.

(2) Natural persons and legal entities that meet the general conditions are entitled to do business in the area of electronic communications in the Czech Republic under the conditions prescribed by this Act. The right to carry out such business shall commence as at the date of delivery of the notification which meets specific requirements in accordance with Section 13, unless otherwise provided in this Act.

(3) The general conditions to qualify for doing business in electronic communications are as follows

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a) natural persons must be at least 18 years old,

b) natural persons must have full legal capacity,

c) natural persons and legal entities must demonstrate integrity,

d) submission of a document proving that the natural person or legal entity concerned is not in arrears with the payment of any taxes, levies, fees, payments, considerations, penalties and fines, including the costs of any proceedings, as collected or enforced by the tax authorities. Such a document shall be issued by the appropriate tax authority,

e) the fact that the natural person or legal entity is not in arrears with the payment of insurance premiums or penalties on public health insurance or with the payment of contributions or penalties on social security contributions and with the contribution to the State employment policy, except in cases where payment in instalments has been permitted and the entity is not in arrears with the payment of the instalments. The natural person or legal entity shall submit a sworn declaration to this effect.

(4) For the purposes of this Act, a person is considered to have integrity if he/she has not been convicted of an intentional criminal offence related to the performance of the communications activities pursuant to Section 7.

(5) In the case of a legal entity, the conditions for integrity pursuant to Subsection 4 above also have to be met by a person authorised to act on its behalf.

(6) Integrity is evidenced by an extract from the Criminal Register. For the purpose of demonstrating integrity, the Office requires an extract from the Criminal Register records in accordance with a special legal regulation53). The request for the issue of an extract from the Criminal Register and the extract from the Criminal Register are transmitted electronically in a manner allowing remote access. A natural person, who is not a citizen of the Czech Republic, shall demonstrate integrity through an extract from records similar to the Criminal Register, issued by the state of which the natural person is a citizen, as well as documents issued by states in which he/she has spent more than three months continuously during the previous three years. A legal entity, which has its registered office outside the territory of the Czech Republic, shall demonstrate integrity through an extract from records similar to the Criminal Register, issued by the state in which it has its registered office, provided this state does issue this type of document, as well as documents issued by states in which it has operated for more than three months during the previous three years, provided these states issue this type of document. Extracts evidencing integrity may not be more than three months old. If the state does not issue documents pursuant to the fourth and fifth sentences above, the natural person or legal entity shall submit to the Office a sworn statement attesting to their integrity.

Volume 2

General Authorisation

Section 9

Issuance of a General Authorisation

(1) A general authorisation is a measure of general nature taken by the Office to lay down the conditions of performance of communications activities, applicable to all types, or certain types, of electronic communications networks and services operating apparatus and to the use of radio frequencies, which is binding on the natural persons and legal entities performing activities on the basis of Section 7.

(2) The Office is entitled to issue a general authorisation for the provision of electronic communications networks and associated facilities, for the provision of electronic communications

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services, for the operation of apparatus and for the use of radio frequencies, for which there is no requirement to grant individual authorisations to use radio frequencies (Section 17).

Section 10

Conditions Determined in the General Authorisation

(1) In a general authorisation, the Office shall set out conditions concerning

a) the interoperability of services and the interconnection of networks,

b) ensuring the availability and usage of numbers from the numbering plan for end users, including conditions for such usage,

c) environmental protection, land use planning, access to real property, including the use thereof, joint location or sharing of facilities including, where applicable, any financial or technical guarantees as may be needed for the work to be performed,

d) the obligation to provide a distribution service for a designated radio or television programme and other services related to that programme, in accordance with Section 72,

e) protection of personal data and privacy,

f) consumer protection,

g) restrictions on the transmission of content that would represent a violation of legal regulations,

h) information which the entities shall disclose on the basic this Act, a special legal regulation or the directly applicable legislation of the European Union65),

i) provision of electronic communications networks in a state of danger, state of emergency, state of danger to the State6) and state of war7) (hereinafter referred to as “crisis situations”),

j) protection of citizens against the harmful action of electromagnetic radiation emitted by electronic communications networks8),

k) maintaining the integrity of public communications networks and prevention of electromagnetic interference between electronic communications networks and services,

l) protection of public communications networks against unauthorised access on the basis of Section 89 Subsection 1,

m) utilisation of radio frequencies with respect to effective use of the radio spectrum and prevention of harmful interference,

n) fulfilment of the obligations specified in Section 62,

o) fulfilment of the obligations specified in Section 97, or

p) notification of the start of utilisation of radio frequencies in accordance with Subsection (m).

(2) The Office shall lay down in the General Authorisation the conditions specified in Subsection 1 above, unless they are set out in this Act or in a special legal regulation.

Section 11

Special Obligations

(1) Special obligations mean

a) the obligations relating to the provision of a universal service pursuant to Volume 6 of this Title,

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b) the obligations specified in Section 51 Subsections 5 to 7, 11 and 12,

c) the obligations concerning network access pursuant to Sections 79 and 84,

d) the obligations concerning the conditional access system (Section 83),

e) the obligations specified in Sections 69a and 69b.

(2) The Office is authorised to impose special obligations pursuant to Subsection 1 above under the conditions laid down by law, separately from the conditions set out in the general authorisation and after consultations pursuant to Section 130 and, where applicable, also pursuant to Section 131. If the Office imposes a special obligation, this obligation shall pass to the legal successor of the liable entity. Should there be any doubt as to whether, and to what extent, a special obligation has been passed to the legal successor, the Office shall make a decision on the facts.

(3) The Office shall publish information on the imposition of special obligations.

Section 12

Amendment and Withdrawal of the General Authorisation

The Office shall amend or withdraw the general authorisation in justified cases, using the procedure described in Section 130 and, if appropriate, also in Section 131. The justified cases shall include:

a) a change in the facts on the basis of which the general authorisation was issued,

b) compliance with the commitments arising from the Czech Republic’s membership in international organisations,

c) provision of the defence and security of the State 9).

Section 13

Notification of Business

(1) Any natural person or legal entity wishing to carry out a communications activity which represents electronic communication business is obliged to notify the Office of that fact beforehand and in writing10) (hereinafter referred to as “notification”). The notification shall be considered as having been made as at the date of its delivery to the Office.

(2) If submitted by a natural person, the notification shall include that person’s first name and surname and the trade name, if any, the place of business, the permanent domicile in the Czech Republic, or temporary domicile in the Czech Republic if longer than 90 days, and also the domicile outside the Czech Republic, if any (hereinafter referred to as the “domicile”) and the business identification number (hereinafter referred to as the “identification number”), if allocated.

(3) If submitted by a legal entity, the notification shall include that legal entity’s trade name or common name, registered address or the registered address of an organisation unit in the Czech Republic, the business identification number, if allocated, and the name(s), surname and domicile of the person authorised to act on behalf of the legal entity.

(4) In addition, a natural person or legal entity shall indicate in the notification

a) the definition of the type and territorial extent of the public communications network or the publicly available electronic communications service the person intends to provide, including any information about the network through which the service is to be provided, with reference to the respective general authorisation,

b) the date of the planned commencement of provision of the public communications network or provision of the electronic communications service,

c) the manner in which the obligation specified in Section 97 is to be fulfilled,

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d) readiness to provide priority services in accordance with Section 99 Subsection 3.

(5) Any natural person and legal entity submitting the notification shall provide evidence of compliance with the general conditions according to Section 8 Subsection 3 and payment of the administrative fee. Any legal entity not yet entered in the Commercial Register shall also submit a certified copy of the contract or deed of incorporation or foundation of the legal entity with the notification.

(6) Any natural person and legal entity who/which notified the circumstances referred to in Subsections 2 to 5 shall immediately notify the Office in writing about any change to those data indicated in the notification. This shall not apply in cases where the change in the data was notified through another competent administrative authority10a).

(7) Any natural person and legal entity who/which has stopped his or its communications activities based on a general authorisation shall notify the Office of that fact within one week of the termination of those communications activities, and shall do so, mutatis mutandis, as specified in Subsection 1 above.

(8) An undertaking requesting access or interconnection shall not be obliged to notify the Office about carrying out communications activities, if such an undertaking does not provide any electronic communications services or electronic communications network on the territory of the Czech Republic.

(9) Any natural person or legal entity who/which has interrupted the performance of his or its communications activities pursuant to Subsection 7 above, shall notify the Office if the performance of these activities is resumed: the provisions of Subsection 1 above shall apply mutatis mutandis.

Section 14

Certification and Registration of Undertakings

(1) Within one week of receiving the notification, the Office shall issue to the person referred to in Section 13 Subsection 1 above a certificate to the effect that such a person submitted a notification based on Section 13. At the same time it will allocate a business identification number to a natural person, if one has not previously been allocated; the Office shall provide an identification number to the administrator of the basic register of legal entities, natural persons and public authorities10a). If the notification fails to contain all the particulars specified in Section 13, the Office shall immediately invite the person concerned to complete it within a period not shorter than 14 days. If the notification fails to contain the required particulars after the expiry of such a period, the Office shall not issue a certificate and shall notify the person concerned to that effect.

(2) In the certificate referred to in Subsection 1 above, the Office shall indicate:

a) the following identification data:

1. for a natural person, the name(s) and surname and the trade name, if any, the domicile and the business identification number, if any,

2. for a legal entity, the trade name, registered address or the registered address of an organisational unit in the Czech Republic and the business identification number, if any,

b) the definition of the type and territorial extent of the public electronic communications network or electronic communications service whose provision has been notified, and information on whether authorisation has been granted to the notifying entity in accordance with Sections 79 and 104.

(3) The Office shall maintain, in electronic form, a database of the natural persons and legal entities who/which complied with the reporting obligation referred to in Section 13 Subsection 1.

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The database shall contain, at the maximum, the information specified in Subsections 2 and 4. The database shall be publicly accessible in a manner allowing for remote access.

(4) If a person entered in the Office’s database reports their readiness to provide the services referred to in Section 99 Subsection 3, the Office shall enter that fact in the database.

(5) Upon request of a person referred to in Section 13 Subsection 6, the Office shall issue a certificate of notification of change to the notified data to the extent specified in Subsection 2. The issue of this certificate shall be contingent on the payment of an administrative fee.

Volume 3

Radio Spectrum Management

Section 15

Obligations of the Office

(1) To ensure that radio frequencies are managed and reasonably utilised, the Office shall provide administration of radio spectrum management which is in compliance with the harmonisation objectives of the European Union. The radio spectrum means electromagnetic waves at frequencies ranging from 9 kHz to 3 000 GHz, propagated in space without the need for special lines.

(2) Radio spectrum management means the creation of a draft frequency band allocation scheme (the national frequency allocation table) and any amendments thereto, the formation of the radio spectrum utilisation scheme, the granting of individual authorisations to use radio frequencies, the granting of radio frequency allocations, the granting of consent to transfers of radio frequency allocations or their part, the allocation of calling symbol and identification numbers and codes, the co-ordination of radio frequencies and frequency bands and control of how the radio spectrum is utilised. Within the scope of radio spectrum management, the Office is responsible for the optimum utilisation of the spectrum.

(3) The utilisation of radio frequencies means their use for a radiocommunications service or the provision of electronic communications networks, which are used to provide electronic communications service or radiocommunications services.

(4) The utilisation of radio frequencies shall be in accordance with the law, the frequency band allocation scheme (the national frequency allocation table), the radio spectrum utilisation scheme, the allocation of radio frequencies, the individual authorisation to use radio frequencies and short-term authorisation to use radio frequencies, or the general authorisation.

(5) For the purposes of management of the radio spectrum and control of electronic communications, identifying and eliminating sources of radio frequency interference and for monitoring and evaluation of the fulfilment of conditions that were imposed on holders of radio frequencies pursuant to Section 22 in a public tender in accordance with Section 21, the Office shall maintain a database of the allocated radio frequencies, with information particularly on the numbers of the decisions by which the radio frequencies were allocated and the period for which they were allocated . The database shall be publicly available in a manner allowing for remote access. There is no public access to data on persons holding individual authorisations to use radio frequencies pursuant to Section 18 or on radio frequencies allocated to:

a) the Ministry of Interior for the purposes of State security,

b) the Police of the Czech Republic for the purposes of State security,

c) the Security Information Service,

d) the Prison Guard Service and the Court Police of the Czech Republic,

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e) the Fire Rescue Service of the Czech Republic,

f) the Ministry of Defence for military purposes.

(6) The Office shall provide information to the Radio Spectrum Information System10b).

(7) The Office shall carry out systematic monitoring of the efficient use of the radio spectrum by holders of individual authorisations to use radio frequencies pursuant to Section 18 and systematic monitoring of compliance with obligations arising to holders of radio frequency allocations from tenders in accordance with Section 21. To this end, it is authorised to collect the relevant data from the holders of individual authorisations to use radio frequencies concerned, to check the accuracy of the data provided, to evaluate compliance with conditions that were imposed on holders of radio frequency allocations in accordance with Section 22 Subsection 2 in a tender pursuant to Section 21.

(8) In order to carry out the tasks set out in Sub-sections 1, 2, 5 to 7, the Office operates the relevant information systems and the automated system to monitor the frequency spectrum.

Section16

Frequency Schemes

(1) The frequency band allocation scheme (National frequency allocation table) shall be set out by the Ministry in a Decree.

(2) The radio spectrum utilisation scheme, or parts thereof, shall be issued by the Office as a measure of general nature.

(3) In compliance with the commitments of the Czech Republic arising from an international treaty binding on the Czech Republic, or from membership of international organisations, the frequency band allocation scheme (National frequency allocation table) shall contain the frequency bands for the individual radiocommunications services, or radio equipment, and general conditions for the utilisation of frequencies.

(4) In the radio spectrum utilisation scheme, the Office shall lay down the technical parameters and conditions of use of the radio spectrum by the radiocommunications services, and indicate whether the radio frequencies are to be utilised on the basis of a general authorisation or on the basis of an individual authorisation to use radio frequencies, whether the number of rights to use radio frequencies is limited, or whether rights to use radio frequencies have been limited and the principles set out in Section 16a have been restricted.

(5) The Office is authorised to prioritise the utilisation of the radio spectrum to provide universal services and to provide publicly available electronic communications services in the public interest.

(6) The Office shall publish the radio spectrum utilisation scheme and information on the rights, conditions, processes and fees relating to radio spectrum utilisation. The Office shall update such information on a continuous basis. Information concerning the frequency bands reserved in the frequency band allocation scheme (National frequency table) for the Ministry of Defence for military purposes shall not be disclosed in the radio spectrum utilisation scheme.

(7) The method of creating calling symbols and identification numbers and codes, their use and the types of radiocommunications services for which they are required, shall be set out in an implementing legal regulation.

(8) The technical and operation conditions for amateur radiocommunications services shall be set out in an implementing legal regulation.

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Section 16a

(1) During its administration of the radio spectrum, the Office shall act in accordance with the principle of the technological neutrality and the neutrality of electronic communications services.

(2) In its radio spectrum utilisation scheme, the Office may limit the principle of technological neutrality by laying down technical conditions requiring that a specific type of technology be used for a given frequency band, if this is necessary to:

a) prevent harmful interference,

b) protect public health against the harmful effects of exposure to electromagnetic fields,

c) ensure technical conditions for high quality electronic communications services,

d) ensure maximum sharing of radio frequencies,

e) ensure the efficient use of radio frequencies, or

f) to meet objectives in the public interest, namely the protection of life and health, the promotion of social, regional or territorial cohesion, or to promote the cultural and linguistic diversity and pluralism of the media, for example, by providing radio and television broadcasting services.

(3) In its radio spectrum utilisation scheme, the Office may limit the principle of neutrality of electronic communications services by requiring that a specific frequency band be used for electronic communications service and laying down the conditions for such use, if this is necessary to:

a) fulfil the obligations arising from the Czech Republic’s membership of the International Telecommunications Union, or

b) to meet objectives in the public interest, namely the protection of life and health 54), the promotion of social, regional or territorial cohesion, or to promote the cultural and linguistic diversity and pluralism of the media, for example, by providing radio and television broadcasting services.

(4) In its radio spectrum utilisation scheme, the Office may ban the provision of electronic communications services in a specific frequency band, but only in the event that services for the protection of life and health are operated in the given frequency band.

(5) The Office shall carry out a regular review of the need for the restrictions set out in Subsections 2 to 4, at least once every five years, and shall publish the results of this review. If the Office finds that the reasons for the restrictions pursuant to Subsections 2 to 4 above no longer apply, it shall change the radio spectrum utilisation scheme.

Section 17

Individual Authorisation to Use Radio Frequencies

(1) Radio frequencies that may not be used on the basis of a general authorisation pursuant to Section 9, may only be used on the basis of an individual authorisation for the use of radio frequencies (hereinafter referred to as an “authorisation to use radio frequencies”), unless otherwise stipulated in this Act. The Office shall grant applicants an authorisation to use radio frequencies if this is necessary to:

a) prevent harmful interference,

b) ensure technical conditions for high quality electronic communications services,

c) ensure the efficient use of radio frequencies,

d) meet objectives in the public interest, namely the protection of life and health 54), the promotion of social, regional or territorial cohesion or to promote the cultural and linguistic

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diversity and pluralism of the media, for example, by providing radio and television broadcasting services, or

e) for experimental purposes.

(2) In cases where authorisations to use radio frequencies need to be granted, the Office shall decide whether to grant them to any undertaking providing an electronic communications network or an electronic communications service on the basis of a general authorisation or to any undertaking using such a network or services, or to a person who is not an undertaking, in compliance with the conditions ensuring reasonable utilisation of radio frequencies, on the basis of a written application delivered to the Office.

(3) The application for the grant of an authorisation to use radio frequencies shall contain the following:

a) Information on whether the applicant

1. is an undertaking which is a legal entity: its trade name or name, its registered address, or the registered address of an organisational unit in the Czech Republic, the business identification number, if any, and the name, surname and domicile of the person authorised to act on behalf of the legal entity,

2. is an undertaking which is a natural person: the first name(s) and surname and the trade name, if any, domicile, address of the place of business and business identification number, if any,

3. is a person who is not an undertaking: the first name(s) and surname, domicile and date of birth of the natural person, or the name and registered address, or the registered address of the organisational unit in the Czech Republic and the business identification number, if any, of a legal entity,

b) information concerning radio frequencies that is required, including their technical parameters and the purpose of their use, unless such frequencies and their technical parameters are set out in a binding manner in an international treaty binding on the Czech Republic, and which was published in the Collection of Laws or the Collection of International Treaties,

c) the reference number and date of issue of the decision on the allocation of radio frequencies in the case of an application for an authorisation to use radio frequencies, to which the right of use was granted by such an allocation,

d) the type of radio transmitting equipment, if required by an international treaty binding on the Czech Republic, and which was published in the Collection of Laws or the Collection of International Treaties, or if it results from the Czech Republic’s membership of the European Union or international organisations,

e) a proposal for the calling system, identification number or code requested, if these are essential for the given type of radiocommunications service,

f) a specification of the intended territory of use of the radio frequencies, if such a specification is necessary for their use,

g) the required period of use of the radio frequencies.

(4) The Office shall specify the range of information required under Subsection 3 (b) for the individual types of radiocommunications services in a measure of general nature.

(5) The application for the grant of an authorisation to use radio frequencies shall be accompanied by the following supporting documents:

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a) in the case of an application for the grant of an authorisation to use radio frequencies for analogue broadcasting, a licence to operate an analogue radio broadcasting service in accordance with a special legal regulation11), or a contract with the holder of such a licence, with the exception of cases involving an application for the grant of an authorisation to use radio frequencies, for which the right of use has been granted through the allocation of radio frequencies, or cases where the radio frequencies have been reserved in accordance with a special legal regulation16),

b) with the consent of the holder of the allocation in the case of an application for the grant of an authorisation to use radio frequencies, for which the right of use has been granted through the allocation of radio frequencies, provided the authorisation has not been requested by the holder of the allocation,

c) in the case of persons who have not yet been entered in the Commercial Register, a certified copy of the contract or deed of incorporation or foundation of a legal entity,

d) a certificate of entry in the Aviation Register of the Czech Republic, or a certificate of allocation of aircraft identification signs, if the applicant requests the grant of an authorisation to use radio frequencies aboard a plane,

e) a certificate from the Ministry of Transport confirming coordination of frequencies within the context of international aviation organisations, if the applicant requests the grant of an authorisation to use the radio frequencies of the mobile aviation service12),

f) a certificate of entry in the Navigation Register of the Czech Republic, if the applicant requests the grant of an authorisation to use radio frequencies aboard an inland ship, 13) or in the Marine Register of the Czech Republic, if the applicant requests the grant of an authorisation to use radio frequencies aboard a marine ship14); an entry of the ship in the Navigation Register of the Czech Republic may also be proved by the submission of the ship certificate14).

(6) The Office shall decide on the grant of an authorisation to use radio frequencies without delay. If the radio frequencies concerned are those reserved for special uses within the frequency band allocation scheme (National frequency table) and the radio spectrum utilisation scheme, the Office shall decide within 6 weeks from the date of submission of a complete application. The Office is entitled to extend this period if necessary for reason of tender proceedings (Section 21), but may do so by 8 months at the maximum. This is without prejudice to the deadlines arising from international treaties in respect of the use of radio frequencies or orbital positions.

(7) If there is more than one applicant for the grant of an authorisation to use the same radio frequencies, the Office shall make its decision in respect of the grant of an authorisation on the basis of the time sequence of applications received; this does not apply to applicants requesting an authorisation for the operation of amateur radiocommunications services. If the applicant requests the grant of an additional authorisation to use radio frequencies for the distribution and transmission of radio or television broadcasts for the purpose of covering a territory in which it is authorised to distribute and transmit radio or television broadcasts, before issuing its decision, the Office shall request an opinion from the Council for Radio and Television Broadcasting. If the Office does not receive such an opinion within 30 days of submitting its request, it shall hold that the Council for Radio and Television Broadcasting agrees with the granting of such an authorisation.

(8) The Office may only issue an authorisation to use radio frequencies for other radiocommunications services in a part of the radio spectrum reserved exclusively for radio broadcasts with the consent of the Council for Radio and Television Broadcasting, in accordance with a special legal regulation11).

(9) As a priority, the Office shall decide to grant authorisations to use radio frequencies that are necessary to ensure the activities of the bodies of the Ministry of Interior, the Security

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Information Service, the Office for Foreign Contacts and Information, the Police of the Czech Republic, the Prison Guard Service and Court Police of the Czech Republic, the Fire Rescue Service and fire protection units, the Ambulance Service and customs authorities15).

(10) The frequency bands reserved for the Ministry of Defence for military purposes in the frequency bands allocation scheme (National frequency table) may be used for military purposes without a decision to grant an authorisation to use radio frequencies.

(11) The Office shall not grant an authorisation to use radio frequencies if:

a) the security of the State so requires,

b) it is required for compliance with commitments resulting from an international treaty binding on the Czech Republic and which was published in the Collection of Laws or Collection of International Treaties,

c) it is required for compliance with commitments resulting from the Czech Republic’s membership of the European Union, the North Atlantic Treaty Organisation or of international organisations,

d) the frequency band allocation scheme (National frequency table) or the radio spectrum utilisation scheme do not allow the use of the radio frequencies requested; this does not apply in cases where radio frequencies are used for experimental purposes pursuant to Section 19b,

e) the applicant has failed, upon being repeatedly invited by the Office to do so, to submit within the period prescribed by the Office a complete application for the grant of an authorisation to use radio frequencies,

f) the required radio frequencies are not available or cannot be co-ordinated,

g) it has announced its intention to limit the number of rights to use radio frequencies, whose use has been requested, or

h) restrictions have been placed on rights to use radio frequencies, whose use has been requested, where the radio frequencies have been requested by a person who is not the holder of an allocation of radio frequencies granted on the basis of a restriction, or a person who has been granted consent by a holder of an allocation of radio frequencies.

(12) The Office shall suspend the application for an authorisation to use radio frequencies if it has decided to notify its intention to limit the number of rights pursuant to Section 20 Subsection 2, which are the subject-matter of the application, at the latest within three months of receipt of the application.

(13) The Office may also decide not to grant an authorisation to use radio frequencies to an applicant who is in arrears with paying fines or fees imposed on him/her under this Act.

(14) If a remedy is sought against a decision made on the basis of Subsection 6, the filing of a claim for remedy shall not have suspensory effect.

Section 18

Issue of the Authorisation to Use Radio Frequencies

(1) The Office shall indicate the following in the authorisation to use radio frequencies

a) If the applicant was:

1. an undertaking, which is a legal entity: the trade name or name, registered address, or the registered address of an organisational unit in the Czech Republic and the business identification number, if any,

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2. an undertaking, which is a natural person: the person’s first name(s), and surname and the trade name, if any, the domicile, place of business and business identification number, if any,

3. another person, who is not an undertaking: the first name(s) and surname, the domicile and date of birth of a natural person, or the name and registered office or the registered office of the organisational unit in the Czech Republic and the business identification number, if any, of a legal entity,

b) information about radio frequencies or the frequency band, including the technical parameters thereof,

c) the designation of the service or the type of network or technology for which the authorisation to use radio frequencies was granted,

d) the type of radio transmission equipment, if its indication is required by an international treaty binding on the Czech Republic, which treaty was published in the Collection of Laws or Collection of International Treaties, or if it results from the membership of the Czech Republic in international organisations,

e) the calling symbols, identification numbers and codes allocated, if they are necessary for the given type of radiocommunications service,

f) the amount of the fees, as specified in Section 24 below, unless otherwise provided herein,

g) the period of validity of the authorisation to use radio frequencies,

h) any limits to changes of the holder of the authorisation or to the lease of rights arising from the authorisation to use radio frequencies.

(2) In the authorisation to use radio frequencies, the Office may impose conditions concerning:

a) the prevention of harmful interference and protection of citizens against the harmful action of electromagnetic radiation8),

b) commitments resulting from the applicable international treaties on the utilisation of radio frequencies,

c) compliance with commitments arising from international treaties binding on the Czech Republic, which treaties were published in the Collection of Laws or Collection of International Treaties, or

d) compliance with commitments arising from the Czech Republic’s membership of the European Union, the North Atlantic Treaty Organisation or international organisations or obligations relating to ensuring State security.

The Office may determine these conditions, unless they are determined by this Act, by the General Authorisation, or a special legal regulation.

(3) The period of validity of the authorisation to use radio frequencies as referred to in Subsection 1 (g) may be a maximum of five years, to ensure it is in compliance with the frequency band allocation scheme (National frequency table), the radio spectrum utilisation plan, the harmonisation objectives of the European Union, international treaties binding on the Czech Republic and published in the Collection of Laws or in the Collection of International Treaties, and the security of the State, unless otherwise provided herein. If the authorisation to use radio frequencies has been granted on the basis of rights arising from the allocation of radio frequencies pursuant to Section 22 below, the period of validity of the authorisation to use radio frequencies may be longer, but may not exceed the period of validity for the allocation of radio frequencies in accordance with Section 22 Subsection 2 (f).

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(4) If the use of radio frequencies has been harmonised at the level of the European Union and if conditions were laid down for the use thereof, the Office shall decide whether to grant an authorisation to use radio frequencies to any undertaking defined according to European Union rules or in accordance with an international treaty binding on the Czech Republic. IF the conditions associated with the authorisation to use radio frequencies are met, as defined in accordance herewith or on the basis hereof, the Office shall set out no further conditions in the authorisation as would restrict or delay the use of radio frequencies.

(5) The holder of an authorisation to use radio frequencies shall notify the Office without delay of any change to the facts on the basis of which he was granted the authorisation.

Section 19

Amendment to, Extension, Withdrawal and Termination of the Authorisation to Use Radio Frequencies

(1) The Office may decide to change the authorisation to use radio frequencies:

a) if it is needed to meet the commitments resulting from the international treaties binding on the Czech Republic, which treaties were published in the Collection of Laws or Collection of International Treaties, or

b) if it is needed to meet the commitments resulting from the Czech Republic’s membership of the European Union, NATO or international organisations,

c) if it is essential for the security of the State and if there is no other way to safeguard its security,

d) if there is a change in the facts on the basis of which the individual authorisation to use radio frequencies was granted, or if there is a change in the amount of fees pursuant to Section 24 below,

e) if it is needed by a holder of an authorisation to use radio frequencies; an application for change of the allocated frequency or its technical parameters shall be considered to be an application for the grant of a new authorisation to use radio frequencies in accordance with Section 17 above.

Other than the case set out in Clause (e) above, the Office shall inform the persons concerned of its intention to make such changes and shall grant them a period of one month to submit their opinion. In the cases set out in Clauses (a) to (d), the Office may reduce that period, but it may not be less than7 days. The Office shall state its reasons for reducing that period.

(2) If a change occurs as referred to in Subsection 1 (a) to (c), the Office shall compensate the holder of the authorisation or the Ministry of Defence for any costs they incurred effectively and purposely, through the Radiocommunications Account pursuant to Section 27 below.

(3) At the request of the holder of the authorisation to use radio frequencies, the Office shall decide whether to extend the period of validity of the authorisation. If not prevented by the circumstances indicated in Subsection 1 (a) to (c) above, or if no reasons have been submitted to prevent the grant of an authorisation to use radio frequencies pursuant to Section 17 Subsection 11 above, the Office will extend the validity period, but to a maximum up to the period set out in the authorisation. If the subject-matter of the extended period are radio frequencies for which an allocation of radio frequencies was granted, this period may not be longer than the period of validity of the relevant allocation. The validity period may be extended repeatedly. A request to extend the period of validity of an authorisation to use radio frequencies must be delivered to the Office at the latest one month before its termination date.

(4) The Office shall decide to withdraw the authorisation to use radio frequencies if:

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a) the holder of the authorisation no longer meets any of the conditions on the basis of which the authorisation was granted, or the conditions set out in a special legal regulation16),

b) the holder of the authorisation fails to fulfil the obligations specified herein or in the decision to grant an authorisation or to change an authorisation and fails to remedy the situation within the period specified by the Office in accordance with Section 114 below, despite having been warned by the Office of the possibility of such a withdrawal for this reason,

c) such a withdrawal is needed in order to fulfil the commitments resulting from an international treaty binding on the Czech Republic, which treaty was published in the Collection of Laws or Collection of International Treaties, or from the Czech Republic’s membership of the European Union, NATO or international organisations, or when the security of the State so requires,

d) the authorisation holder left the allocated frequencies unused for a continuous period of 6 months, or interrupted the use of the allocated frequencies repeatedly for a consecutive period of 12 months over the course of two years, or used the allocated frequencies for purposes other than those for which they had been allocated; the time of interruption of the use of the frequencies shall not include the time needed to repair and maintain radio broadcasting equipment, or the period during which the effective use of the frequencies was prevented by technical obstacles for which good reasons were given; the period during which the radio frequencies are left unused is calculated from the effective date of the decision to grant the holder, or his/her legal predecessor, authorisation to use radio frequencies, when it was first issued; the period of use of radio frequencies is not monitored in the case of amateur radiocommunications service operators,

e) the holder of the authorisation requested the withdrawal, or

f) the conditions set out in Section 20 Subsection 3 below have been met.

(5) If the Office decides to withdraw the authorisation as referred to in Subsection 4 (b) or (d), the applicant may reapply for the grant of an authorisation at the earliest 6 months from the date on which the decision to withdraw the authorisation took effect.

(6) The authorisation to use radio frequencies shall terminate:

a) on the expiry of the period for which the authorisation to use radio frequencies was granted,

b) on the date of termination of the existence of the legal entity which is the holder of the authorisation to use radio frequencies, unless such a legal entity has a successor in title,

c) on the date of the death of the holder of an authorisation, unless the business is continued by an heir16b) or the administrator of the probate estate16c),

d) on the date of entry into effect of the Office’s decision referred to in Subsection 4 above,

e) on the date on which the radio frequencies were allocated pursuant to Section 23 below,

f) on the date of entry into effect of the allocation pursuant to Section 22c, unless otherwise provided herein (Section 20 Subsection 3), or

g) on the date of entry into effect of a new authorisation pursuant to Section 19a Subsection 2.

(7) The holder of an authorisation to use radio frequencies, or his/her legal successor, shall ensure that, immediately after the expiry of the authorisation to use radio frequencies, all activities of radio transmitting stations operating on the basis of this authorisation shall be terminated.

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Section 19a

Change in the Holder of an Authorisation and Lease Rights arising from the Authorisation to Use Radio Frequencies

(1) It is possible to change the holder of an authorisation to use radio frequencies, provided the decision to grant an authorisation to use radio frequencies does not state otherwise.

(2) The holder of an authorisation to use radio frequencies is changed by the issue of a new authorisation to use radio frequencies, pursuant to Section 18 above, on the basis of a joint application by the future holder of the authorisation to use radio frequencies and the current holder of the authorisation to use radio frequencies. Sections 17 and 18 above shall apply mutatis mutandis to the issue of a new authorisation. The authorisation for the current holder to use radio frequencies shall expire on the date of entry into effect of the new authorisation to use radio frequencies.

(3) The Office shall carry out an ongoing investigation of authorisations to use radio frequencies it has granted in the frequency bands for which it has granted authorisations to use radio frequencies, where the period of validity of such authorisations is longer than 10 years and for which the holder of the authorisation cannot be changed and the frequencies cannot be leased. If, after the consultations specified in Section 130 below, and on the basis of its investigation, the Office finds that the criteria for the grant of the authorisation to use radio frequencies in a given band are no longer relevant in their current form, it shall cancel, at the request of the holder of the authorisation, restrictions on the change of the holder of the authorisation or the right to lease to a third-party arising from the authorisation to use radio frequencies, or shall issue a general authorisation, which enables the use of radio frequencies in a given band on the basis of, and subject to the conditions set out in, such authorisation.

(4) An undertaking may lease the rights arising from the authorisation to use radio frequencies to another undertaking, which fulfils the conditions for a holder of an authorisation to use radio frequencies, unless the decision to grant an authorisation to use radio frequencies states otherwise. The holder of an authorisation to use radio frequencies, who leases the rights arising from this authorisation to another undertaking, continues to be liable for compliance with the conditions set out in this authorisation. The holder of an authorisation to use radio frequencies shall inform the Office of the conclusion of a contract pursuant to the first sentence above, as well as of its termination, and shall provide the information stipulated in Section 13 Subsections 2 or 3 above.

Section 19b

Individual Authorisation to Use Radio Frequencies for Experimental Purposes

(1) The Office shall decide to grant an individual authorisation to use radio frequencies for experimental purposes (hereinafter referred to as an “authorisation for experimental purposes”) on the basis of a written request.

(2) An experimental purpose means the use of radio frequencies for research, development and testing of new radio transmitting equipment, or for the verification and determination of the physical properties of transmitted radio waves.

(3) When using radio frequencies for experimental purposes, electronic communications services may not be provided for direct or indirect economic or commercial advantage. Entities for whom the holder of the authorisation for experimental purposes enables the use of the radio frequencies shall share in any costs incurred in connection with such use, where the sum of reasonable costs borne by these entities shall not exceed the total costs arising to the holder of the authorisation for experimental purposes from the use of the radio frequencies for the relevant experimental purpose.

(4) Section 17 Subsections 3 and 4 shall apply mutatis mutandis to the submission of an application for the grant of an authorisation for experimental purposes. At the request of the Office,

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the applicant shall submit more detailed information on the use of frequencies for experimental purposes.

(5) Section 17 Subsection 6 and Section 18 Subsections 1 and 2 shall apply mutatis mutandis to the issue of an authorisation for experimental purposes. The Office shall grant an authorisation for experimental purposes for a maximum period of 12 months. The period of validity may be extended once, by a maximum of 6 months.

(6) The Office shall refuse to grant or extend an authorisation for experimental purposes for the reasons set out in Section 17 Subsection 11 (a) to (c) and (e) and (f) and in cases where the method of use of the radio frequencies requested for experimental purposes does not comply with Subsection 2 above.

(7) In a case where an authorisation for experimental purposes has been granted or extended for a frequency band reserved exclusively for a broadcasting service, the Office shall inform the Council for Radio and Television Broadcasting.

(8) The holder of an authorisation for experimental purposes is not entitled to protection from harmful interference caused by radio equipment used by other radiocommunications services, and may not cause harmful interference to radio equipment used by the other radiocommunications services.

(9) In the event harmful interference is caused by the holder of an authorisation for experimental purposes to radio equipment used by other radiocommunications services, the holder of the authorisation for experimental purposes shall immediately take steps to prevent this harmful interference, and in extreme cases to terminate the use of radio frequencies for experimental purposes at its own expense.

(10) The authorisation for experimental purposes shall terminate

a) on the expiry of the period for which it was granted,

b) in a case where it has been granted for the use of radio frequencies in a frequency band in which the number of rights to use radio frequencies is restricted and in which rights to use radio frequencies were granted on the basis of a tender pursuant to Section 21, during the period of validity of the authorisation for experimental purposes. This shall not apply if the holder of the authorisation for experimental purpose has become the holder of such rights,

c) on the date of termination of the existence of the legal entity which is the holder of the authorisation, unless such a legal entity has a successor in title,

d) on the date of the death of the holder of an authorisation, unless the business is continued by an heir16b) or the administrator of the probate estate16c),

e) on the date of entry into effect of the Office’s decision referred to in Subsection 13 above.

(11) The holder of an authorisation for experimental purposes shall immediately inform the Office of any change in the facts on the basis of which this authorisation was issued.

(12) The Office is entitled to decide to change an authorisation for experimental purposes for the reasons set out in Section 19 Subsection 1 above.

(13) The Office is entitled to decide to withdraw an authorisation for experimental purposes for the reasons set out in Section 19 Subsection 4 (a) to (c) and (e).

(14) The holder of an authorisation 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) If a remedy is sought against a decision on the grant of an authorisation for

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experimental purpose, the claim for remedy shall not have suspensory effect.

Section 20

Limitation of the Number of Rights to Use Radio Frequencies

(1) The Office may only limit the number of rights to use radio frequencies in the radio spectrum utilisation plan in order to ensure that the radio frequencies are used effectively and provided it does not conflict with the interests of users or the interest of developing economic competition.

(2) During the consultations pursuant to Section 130, the Office shall always provide:

a) information on the radio frequencies or frequency band to which the limitation applies,

b) the number of rights that are expected to be granted,

c) the conditions the Office intends to set out in connection with the use of radio frequencies,

d) the reasons behind the intention to limit the number of rights to use radio frequencies.

(3) The Office shall monitor and, at reasonable intervals or on the basis of a justified request from a person concerned, review whether the reasons for the limitation of the number of rights to use radio frequencies still exist. If the Office believes that the reasons for the limitation of the number of rights to use radio frequencies no longer exist, or that, given the interests of the users or the interest in developing economic competition, the limitation of the number of rights to use radio frequencies should be revoked, the Office will revoke the limitation of the number of rights to use radio frequencies in the radio spectrum utilisation scheme and, subsequently, will decide whether to withdraw the allocation granted in this frequency band. If the Office, for the reasons that led to the revocation of the limitation of the number of rights, does not decide to withdraw the authorisation to use radio frequencies, the decision on the authorisation to use radio frequencies, issued on the basis of the revoked allocation and the conditions set out in these decisions shall remain in effect. If the Office decides to withdraw the allocation and to revoke the authorisation to use radio frequencies issued on the basis of the withdrawn allocation, the holder of the allocation is entitled to compensation for withdrawal of the allocation. When setting the amount of compensation, the Office shall take into account the current amortised value of the allocation and the effective and reasonable costs pursuant to Section 27 Subsection 5 incurred by holders as a result of a possible clearing of the frequency band.

(4) In the event an allocation of radio frequencies has been granted in a given frequency band, the Office shall carry out a review in accordance with Subsection 3 above within the 18 month period preceding the expiry of this allocation. During this review, the Office shall examine in particular:

a) the need to maintain restrictions on the number of rights,

b) the effective use of the allocated radio frequencies by the current holder of the allocation,

c) the technical conditions for any further use of the radio frequencies,

d) the interests of the current holder of the allocation of the radio frequencies in question,

e) effective economic competition in the area of electronic communications.

(5) In the event that, based on the results of the review, the Office believes that limitations should continue to be placed on the number of rights, it shall provide a value of the allocation of radio frequencies concerned on the basis of an expert opinion, within at the latest 12 months before the expiry of this allocation. After consultations pursuant to Section 130, which include the results of the review and the valuation of the allocation, the Office shall invite the holder of the allocation concerned to submit an application for the grant of a new allocation, in accordance with the

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conclusions of the review. The Office shall issue this invitation at the latest 6 months before the end of the period of validity of the allocation. The Office shall decide on the application without a tender, pursuant to Section 21.

(6) In the event the holder of the allocation does not submit an application for the grant of a new allocation within the period specified by the Office, which may not be shorter than one month, or the application does not comply with the conclusions of the review, the Office shall proceed to a tender pursuant to Section 21.

Section 21

Tender Procedure for the Allocation of Radio Frequencies

(1) If the number of rights to use radio frequencies is limited in the radio spectrum utilisation scheme, the Office shall announce a tender in order to allocate rights to use radio frequencies 57a) and shall stipulate whether applications for the grant of rights to use radio frequencies will be evaluated using the criteria set out in Subsection 3, or whether the only criterion for evaluating applications will be the results of the tender. Before announcing the tender procedure, the Office shall hold consultations on the conditions for participation, the criteria and manner of evaluating applications and the conditions of the tender procedure in accordance with Section 130.

(2) The Office shall determine the conditions of participation in the tender procedure, taking into account the manner in which the objectives contained in Section 5 Subsections 2 to 4 are met, and respecting the principles set out in Section 6 above. The conditions for participation may include the undertaking’s financial, technical and professional qualifications for using the allocated radio frequencies. If the applicant fails to comply with the conditions for participation in the tender proceedings, the Office shall decide whether to eliminate it from further participation in the procedure. If a remedy is sought against this decision, the claim for remedy shall not have suspensory effect.

(3) The Office shall determine the criteria by which the applications for the grant of rights to use radio frequencies are to be evaluated in tender proceedings, taking into account the manner in which the objectives contained in Section 5 Subsections 2 and 3 are met, and respecting the principles set out in Section 6 above. The criteria may include, in particular,

a) the undertaking’s financial, technical and professional qualifications for using the allocated radio frequencies,

b) the period for commencing the use of radio frequencies, the timetable for developing the use of radio frequencies in connection with the territorial coverage or population and the method of use of radio frequencies,

c) the estimated capital costs for the construction and development of electronic communications networks.

(4) The Office is entitled to request that the applicant submit any necessary information to prove its ability to meet the conditions related to the grant of the rights; should the applicant fail to provide such information by the deadline set, the Office is entitled to reject the application for the grant of these rights.

(5) The Office shall publish the announcement of the tender procedure in the Telecommunications Journal and on the Office’s electronic bulletin board, including:

a) information stating which services the rights to use radio frequencies are to be used for,

b) the expected number of rights to be granted,

c) information on the radio frequencies which are the subject-matter of the tender procedure,

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d) the conditions relating to the grant of rights to use radio frequencies, including the period for which the allocations of radio frequencies are to be granted,

e) a statement on whether applications for the grant of rights to use radio frequencies will be evaluated using the criteria set out in Subsection 3, or whether the only criterion for evaluating applications will be the results of the tender,

f) the price for the grant of rights to use radio frequencies, criteria for evaluating applications and the rules governing the tender procedure in the event applications for the grant of rights to use radio frequencies are to be evaluated using the criteria set out in Subsection 3,

g) auction rules containing the complete rules of the tender in the event that the only criterion for evaluating applications for the grant of rights to use radio frequencies will the results of the tender,

h) conditions of participation in the tender procedure,

i) the deadlines for submitting applications,

j) the amount of the cash security and conditions for its payments55), if this is required to ensure the progress and purpose of the tender proceedings, as well as a definition of the cases when this cash security is forfeited.

(6) The conditions of the tender procedure may not be changed after announcement of the tender. The Office is entitled to cancel the tender and to suspend the proceedings, even after the deadline for the submission of applications. In the event that a candidate in the tender procedure behaves in a manner that would endanger or frustrate the course or outcome of the tender, the Office shall decide to exclude it from further participation in the tender procedure.

(7) In the event the only criterion for evaluating applications for the grant of rights to use radio frequencies will be the results of the tender, those parts of the documentation which might result in damage to the legitimate interests of applicants if they were consulted, or where this might endanger or frustrate the course or outcome of the tender, shall be excluded from consultation. This restriction shall also apply to information on applicants who submitted applications for the grant of rights to use radio frequencies, and their number. If the only criterion for evaluating applications for the grant of rights to use radio frequencies is the results of the tender, those participating in the tender procedure are required to keep confidential all matters relating to their participation in the given proceedings.

(8) Based on the outcome of the tender procedure, the Office shall reject applications from the unsuccessful applicants within two months of the completion of the selection process. After the entry into effect of the decision referred to in the first sentence, and payment of the price for the grant of rights to use radio frequencies in accordance with the results of the tender procedure, the Office shall issue a decision pursuant to Section 22. Should the successful applicant fail to pay for the grant of rights to use radio frequencies in accordance with the results of the tender procedure, the Office shall reject its application. A decision pursuant to Section 22 shall only be delivered to the successful applicant.

(9) The Office shall publish a report on the course and results of the selection process, including its justification, at the latest within one month of its completion.

Section 22

Allocation of Radio Frequencies

(1) Allocation of radio frequencies shall be understood to mean the allocation of the right to use radio frequencies according to the conditions to be specified for the allocation holder in the authorisation to use radio frequencies. The Council Chairman of the Office (hereinafter referred to as the “Council Chairman”) shall decide on the allocation of radio frequencies to the applicant who was

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selected under the procedure described in Section 21, or who was selected to use radio frequencies through a decision by the Commission.

(2) In the decision to allocate radio frequencies, the Council Chairman shall indicate

a) the specification of the radio frequencies,

b) the designation of the service or the type of network or technology for which the rights to use radio frequencies was granted, or the designation of the exclusive use of the radio frequencies for the transmission of specific content or specific audiovisual services,

c) conditions for the purposeful use of radio frequencies, or coverage in terms of territory or population,

d) conditions for the transfer of an allocation of radio frequencies in accordance with Section 23,

e) an exhaustive enumeration of the commitments assumed by the applicant during the course of the tender procedure to allocate rights to use radio frequencies,

f) the period of validity of the allocation of radio frequencies and

g) the commitments resulting from applicable international treaties on the utilisation of radio frequencies.

(3) The period of validity of the allocation of radio frequencies pursuant to Subsection 2 (e) above must be adequate to the given electronic communications service and must comply with the frequency schedules, with the harmonisation plans of the European Union, with international treaties binding on the Czech Republic and made public in the Collection of Laws or the Collection of International Treaties, and with the security of the State.

(4) The allocation of radio frequencies may only be granted to an undertaking that provides a public electronic communications network or a publicly accessible electronic communications service, unless otherwise provided in a special legal regulation16).

(5) The allocation of radio frequencies does not substitute for the authorisation to use radio frequencies and does not entitle any undertaking to use radio frequencies for the operation of radio transmission equipment. The authorisation to use radio frequencies, for which an allocation of radio frequencies was granted, may be issued to the holder of this allocation or, with his/her consent, to an undertaking providing a public communications network or a publicly accessible electronic communications service.

Section 22a

Change in the Allocation of Radio Frequencies

(1) After carrying out consultations pursuant to Section 130, the Council Chairman shall decide to change the allocation of radio frequencies at the request of the allocation holder.

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

a) the authorisation to use radio frequencies, to which the allocation relates, has been withdrawn in accordance with Section 19 Subsection 4 (b) or (d) and the authorisation has been withdrawn from the allocation holder by the holder, or

b) the transfer of the allocation is subject to the provisions of Section 23 below.

(3) When making the decisions referred to in Subsections 1 and 2 above, the Council Chairman shall assess the fulfilment of all the conditions and obligations set out in the allocation, in particular taking account of compliance with the conditions stipulated in Section 22 Subsection 2 (d), the range of services for which the right to use radio frequencies has been granted, the need to ensure economic competition and fulfilment of the requirement for the effective use of radio

26

frequencies. Following the procedure set out in Subsection 1, Subsection 2 (b) and Subsection 5, the allocation of radio frequencies may only be changed if this is essential to meet the harmonisation objectives of the European Union or international treaties binding on the Czech Republic and which have been published in the Collection of Laws or in the Collection of International Treaties.

(4) The Council Chairman shall decide to change the allocation of radio frequencies if this is necessary in order to comply with obligations arising from international treaties binding on the Czech Republic and which have been published in the Collection of Laws or in the Collection of International Treaties, or if this results from the Czech Republic’s membership of the European Union, NATO or international organisations, if required for the security of the State, or if it is essential to ensure fulfilment of the harmonisation plans of the European Union concerning the use of the radio spectrum16a).

(5) A change may also be made to the allocation of radio frequencies if, on the basis of the procedure pursuant to Section 21, additional rights are to be granted to use radio frequencies to holders of the allocation and such a change is not prevented by the particulars contained in the allocation pursuant to Section 22 Subsection 2.

Section 22b

Withdrawal of the Allocation of Radio Frequencies

(1) The Council Chairman shall decide to withdraw an allocation of radio frequencies or a part thereof (hereinafter referred to as “withdrawal of the allocation of radio frequencies”), if:

a) the allocation holder has ceased to meet any of the conditions on the basis of which the allocation was granted, or conditions set out in a special legal regulation11), 16) and fails to remedy the situation within the period specified by the Office in accordance with Section 114 below, despite having been warned in writing by the Office of the possibility of such a withdrawal for this reason,

b) the holder of the authorisation failed to fulfil a condition or an obligation specified herein or in the decision to grant an allocation and failed to remedy the situation within the period specified by the Office in accordance with Section 114 below, despite having been warned in writing by the Office of the possibility of such a withdrawal for this reason,

c) the authorisation to use radio frequencies to which the allocation relates, has been withdrawn pursuant to Section 19 Subsection 4 (b) or (d) and the authorisation was withdrawn by the holder from the allocation holder, or

d) the allocation holder failed to fulfil an obligation imposed in Section 23 Subsection 5.

(2) If the deadline for commencing the use of radio frequencies is not specified in the allocation of radio frequencies, the allocation holder is obliged to start to use the allocated radio frequencies within two years of the date on which the decision to grant an allocation enters into effect. If the allocation holder has not started to use the radio frequencies within the specified period, the Council Chairman shall decide to withdraw the allocation of radio frequencies.

(3) When making the decisions referred to in Subsections 1 and 2 above, the Council Chairman shall assess the fulfilment of all the conditions and obligations set out in the allocation, in particular taking account of the range of services provided, for which the right to use radio frequencies has been granted, the need to ensure economic competition and fulfilment of the requirement for the effective use of radio frequencies.

(4) The Council Chairman shall decide to withdraw an allocation of radio frequencies if:

a) this is necessary in order to comply with obligations from international treaties binding on the Czech Republic and which have been published in the Collection of Laws or in the Collection of International Treaties, or if this results from the Czech Republic’s membership

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of the European Union, NATO or international organisations, or if required for the security of the State,

b) the allocation holder has requested that it be withdrawn, or

c) in the case of a transfer of allocation as a result of the circumstances set out in Section 22c Subsection 1 (b) and (c), there was a breach of the conditions set out in Section 23 Subsection 1.

Section 22c

Expiry of the Allocation of Radio Frequencies

(1) An allocation of radio frequencies shall expire:

a) at the end of the period for which it was granted,

b) as at the date of dissolution of the legal entity to which it was granted, unless such a legal entity has a successor in title that complies with the conditions set out in Section 22 Subsection 4,

c) in the case of the death of a natural person to whom it was granted,

1. on the date of his/her death, unless the business is continued by an heir16b) or the administrator of the probate estate16c), who complies with the conditions set out in Section 22 Subsection 4, or

2. on expiry of the period referred to in Section 23 Subsection 4, if the heir does not comply with the conditions set out in Section 22 Subsection 4,

d) on the day on which the decision of the Council Chairman pursuant to Sections 22a and 22b enters into effect,

e) on expiry of the period referred to in Section 23 Subsection 3, or

f) when the decision pursuant to Section 20 Subsection 3 enters into effect.

(2) In the event of the dissolution of a legal entity which is the holder of an allocation of radio frequencies and has a successor in law, where the allocation of radio frequencies is transferred to the legal successor, at the request of the allocation holder, the Office shall issue a statement to the effect that the transfer of the allocation of radio frequencies does not breach the conditions set out in Section 23 Subsection 1.

(3) In the event of dissolution of a legal entity which was the holder of an allocation of radio frequencies and which has a successor in law, the legal successor shall inform the Office of its succession in writing at the latest within one month of the day on which the dissolution of the legal entity occurred.

Section 22d

Assignment of the Allocation of Radio Frequencies

(1) On the dissolution of a legal entity which is the holder of an allocation of radio frequencies, the allocation of radio frequencies is assigned to its legal successor, provided this successor meets the conditions set out in Section 22 Subsection 4 and if, at the same time, it fulfils the conditions under which the Office consents to the assignment of the allocation of radio frequencies pursuant to Section 23 Subsection 1.

(2) The legal successor of a dissolved legal entity, which was the holder of an allocation of radio frequencies shall inform the Office of its succession in writing without unnecessary delay.

(3) On the death of a natural person who is the holder of an allocation of radio frequencies, the allocation of radio frequencies is assigned to his/her heir, provided this person meets the

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conditions set out in Section 22 Subsection 4.

(4) The heir, to whom an allocation of radio frequencies was assigned pursuant to Subsection 3 above, shall inform the Office of this fact in writing without unnecessary delay.

Section 23

Transfer of the Allocation of Radio Frequencies

(1) An undertaking may only transfer its allocation of radio frequencies, or a part thereof (hereinafter referred to as a “transfer of the allocation”) with the prior consent of the Office. The Office shall only grant such consent if

a) the intended transfer of the allocation will not distort economic competition in the area of electronic communications in terms of the use of radio frequencies,

b) the intended transfer of the allocation will not lead to any change in conditions of the use of radio frequencies whose use has been harmonised on an international basis,

c) the intended transfer of the allocation will not distort the efficient use of the radio spectrum,

d) no proceedings to withdraw the allocation of radio frequencies or a part thereof are due to take place with the holder of the allocation of radio frequencies in question,

e) the application for the Office’s consent to the transfer of the allocation complies with the particulars set out in Subsection 2 above.

(2) In the application for consent to the transfer of the application pursuant to Subsection 1 above, the holder of the allocation of radio frequencies shall include the following:

a) its identification data within the scope set out in Section 13 Subsections 2 or 3,

b) the identification data of the future transferee of the allocation of radio frequencies within the scope set out in Section 13 Subsections 2 or 3,

c) the reference number and date of issue of the decision to allocate radio frequencies, which is the subject-matter of the intended transfer of the allocation,

d) the designation of the service or the type of network or technology relating to part of the allocation of radio frequencies, which is the subject-matter of the intended transfer of the allocation of radio frequencies,

e) the commencement date and method of use of the radio frequencies, which is the subject-matter of the intended transfer of the allocation, by the future transferee,

f) financial, technical and professional qualifications of the future transferee for using the allocated radio frequencies, which is the subject-matter of the intended transfer of the allocation.

(3) The transfer of the allocation must be made within 60 days of the date on which the Office granted its consent pursuant to Subsection 1 above.

(4) The heir of the holder of an allocation of radio frequencies who does not meet a conditions pursuant to Section 22 Subsection 4, may transfer the allocation of radio frequencies to a third party within five months of the date the final order in the proceedings of the estate of the deceased holder of the allocation of radio frequencies, on the basis of which he/she was designated heir to this allocation enters into force, in accordance with the conditions set out in Subsections 1 to 3 above.

(5) If, on the basis of a review and after consultations pursuant to Section 130, the Office determines that the grant of allocations of radio frequencies may result in a distortion of economic competition in a specific frequency band, as a result of the accumulation of spectra, it shall decide to

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require the transfer of an allocation or a specific part of an allocation or decide to consent to their use by another undertaking, for a fee. Should the allocation holder in question fail to comply with the Office’s decision within a period which may not be shorter than 120 days, the Office shall decide to withdraw the allocation concerned, or a part thereof.

Section 23a

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

(2) At the request of a new holder of an allocation of radio frequencies, the Office shall issue a certificate of change in the person of the allocation holder.

Section 24

Fees for the Use of Radio Frequencies

(1) The holder of an authorisation to use radio frequencies and the holder of an authorisation for experimental purposes shall pay annual fees for the use of radio frequencies.

(2) The amount of the annual fee referred to in Subsection 1 above shall be determined according to the type of radiocommunications service and shall be differentiated as follows:

a) in a terrestrial mobile service, the range is from CZK 1,000 to CZK 8,000,000 for one frequency channel assigned, depending on the width of the frequency band utilised, the parameters of the radio equipment and the size of the territorial area covered,

b) in a fixed service, the range is from CZK 300 to CZK 1,200,000 for one frequency channel assigned, depending on the ratio between the width of the frequency band utilised, the type of directional radio communication, the type of frequency band and the parameters of the radio equipment,

c) in the dissemination and transmission of radio broadcasts (radio service), the range is from CZK 375 to CZK 180,000 for one frequency channel assigned, depending on the type of frequency band and radio broadcast and on the parameters of the radio equipment,

d) in the dissemination and transmission of television broadcasts (radio service), the range is from CZK 375 to CZK 18,000,000 for one frequency channel assigned, depending on the type of frequency band and television broadcast and on the parameters of the radio equipment,

e) in satellite services, the range is from CZK 1,000 to CZK 180,000 for one frequency channel assigned, depending on the width of the frequency band used and on the technology enabling the effective utilisation of the frequency band, based on the selection of a free frequency channel or on multiple access to that channel,

f) in other radiocommunications services, the range is from CZK 1,200 to CZK 9,600 for one frequency channel assigned, depending on the parameters of the radio equipment and the size of the territorial area covered.

(3) The obligation to pay fees as referred to in Subsections 1 and 2 above shall not apply to holders of an authorisation to use radio frequencies to use radio frequencies for an amateur radiocommunications service or for a mobile aeronautical service used for sporting and recreational activities.

(4) Fees paid to the holder of an authorisation to use radio frequencies for the use of radio frequencies for a radio service shall be paid by the operator of a radio or television broadcasting service11) within unnecessary delay to the holder of the authorisation to use radio frequencies. If more than one operator of a radio or television broadcasting service utilises the same electronic communications network, the costs shall be divided in proportion to their share of aggregate data

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flow. If the data flow is used by another person for another electronic communications service, that person shall be liable for the obligations of the operator of the radio or television broadcasting service under this provision.

(5) The Government shall determine the amount and, if applicable, also the method of calculating fees pursuant to Subsection 2 above, and the maturity term thereof, in a regulation.

Section 25

Short-term Authorisation to Use Radio Frequencies

(1) If so requested, the Office shall grant a short-term authorisation to use radio frequencies for an absolutely necessary period, which, however, shall not exceed 15 days. Short-term authorisation is intended for addressing one-off issues, which cannot be foreseen a reasonable time ahead, particularly for providing radio communications for protection units for VIPs, television and radio broadcasts of major events and territorially limited radio communications during the organisation of sporting and cultural-social events. It can be granted if the frequencies requested are available and if their use will not result in harmful interference. The period of validity of a short-term authorisation to use radio frequencies may not be extended.

(2) The application shall contain:

a) the identification data of the application in the scope set out in Section 17 Subsection 3 (a),

b) information on the radio frequencies requested in the scope set out in Section 17 Subsection 4,

c) the period requested for the use of the radio frequencies.

(3) The application shall be delivered to the Office at the most 15 and at least 3 working days prior to the requested start date for the use of the radio frequencies.

(4) In the event the application for a short-term authorisation was delivered to the Office in electronic form without a recognised electronic signature, or by fax, no additional confirmation in the manner laid down in the Administrative Procedure Code56) is required.

(5) The applicant is required to pay a one-off fee for the use of radio frequencies, amounting to CZK 3,000, and to prove payment thereof when submitting the application.

(6) If the applicant is not found to be suitable, the Office shall refund the entire fee for the use of radio frequencies.

(7) If the decision on the issue of a short-term authorisation to use radio frequencies cannot be notified to the applicant in time by delivery of a counterpart of the written version of the decision in paper or electronic form, the Office shall inform the applicant that the decision has been issued by sending a fax or electronic copy of the counterpart of the written version of the decision. The counterpart of the written version of the decision shall be delivered by the Office within the shortest possible period.

(8) If a remedy is sought against a decision to issue a short-term authorisation, the claim for remedy shall not have suspensory effect.

(9) The use of radio frequencies by a foreign person on the principle of reciprocity, in accordance with an international treaty binding on the Czech Republic and published in the Collection of Laws or in the Collection of International Treaties, or resulting from the Czech Republic’s membership of the European Union, NATO or international organisations, or in the interest of State security, shall not be liable to the one-off fee.

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(10) If the Office grants a short-term authorisation for a service to disseminate radio and television broadcasts, it shall promptly inform the Council for Radio and Television Broadcasting to that effect.

Section 26

Professional Competence

(1) Professional competence for the use of radio frequencies shall be required for the operation of:

a) radiotelephony, radiotelegraphy or other transmitting radio equipment located aboard planes and ships registered in the Aviation, Navigation or Marine Registers of the Czech Republic,

b) radiotelephony and radiotelegraphy terrestrial transmitting radio equipment of the aviation mobile service and navigation mobile service, and radiotelephone service on waterways, 13), 17),

c) radiotelephony and radiotelegraphy terrestrial transmitting radio equipment operating on the short wave band,

d) radio transmission equipment for an amateur radiocommunications service.

(2) The radio transmitting equipment referred to in Subsection 1 above may be operated by persons who have a valid professional competence certificate to operate such equipment. The holder of an authorisation to use radio frequencies shall ensure that the radio transmitting equipment is only operated by a person possessing a valid professional competence certificate. On request, the Office shall verify competence to operate radio transmitting equipment by a test and shall issue professional competence certificates. If the special competence of the applicant has not been recognised by the Office in accordance with a special legal regulation18), the Office always verifies the applicant’s competence to operate radio transmitting equipment.

(3) The applicant shall apply to the Office for a test referred to in Subsection 2 above in writing. The Office shall set a date for the applicant to take the test within 3 months of receipt of the application, at the latest.

(4) The Office shall issue a professional competence certificate to any applicant who has proved to be professionally competent to operate radio transmitting equipment in a test, or whose special competence has been recognised by the Office in accordance with a special legal regulation.

(5) The details of the application for admission to the test referred to in Subsection 3 above, general conditions for taking the test, the extent of the knowledge to be required for each type of professional competence, the method of administrating the tests, the types of professional competence certificates and the period of validity thereof shall be specified in an implementing legal regulation.

(6) At the request of the holder of a certificate of professional competence, the period of validity of the certificate of professional competence may be extended repeatedly. The request to extend the period of validity of a certificate of professional competence must be submitted by the certificate holder at least one month before the expiry of its validity.

(7) If the period of validity of the certificate of professional competence has expired, a new certificate may be issued within a period of one year from the date of its expiry, provided the applicant submits an application confirming that he has operated radio transmitting equipment for which the certificate of professional competence was issued for at least two years during the period of validity of the certificate.

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Volume 4

The Radiocommunications Account

Section 27

(1) For the purposes of compensation of the efficiently and purposefully expended costs incurred to holders of an authorisation to use radio frequencies, or to the Ministry of Defence in using radio frequencies for military purposes as a result of any changes made in the use of the radio spectrum for reasons specified in Section 19 Subsection 1 (a) to (c) above, and pursuant to Section 20 Subsection 3, the Office shall open and administer a Radiocommunications Account. The resources in the Radiocommunications Account may also be used as reimbursement for costs incurred to holders of an authorisation to use radio frequencies or to the Ministry of Defence in using radio frequencies for military purposes as a result of removing technical incompatibilities, which are not due to non-compliance with the conditions specified in the authorisation to use radio frequencies, in the general authorisation, or in the radio spectrum utilisation scheme.

(2) The resources in the Radiocommunications Account may also be used as reimbursement for the Office’s costs relating to the performance of obligations under this Act in connection with the administration of the radio spectrum, to cover costs expended on

a) technical assistance in organising a tender procedure pursuant to Section 21,

b) the purchase, modification, repair, regular maintenance and further development of software tools and computer equipment necessary for the administration of the radio spectrum.

(3) The resources in the Radiocommunications Account pursuant to Subsection 2 above may not, in a calendar year, exceed 25% of the balance on the Radiocommunications Account for the preceding calendar year. The Office is only entitled to draw on compensation for costs if this does not limit the funds available to satisfy legitimate claims by entities in accordance with Subsection 1 above.

(4) The Radiocommunications Account is understood to be an account outside the State Budget. The resources in the Account are maintained in a bank and may only be used for purposes stipulated herein. At the end of each calendar year, the balance in the Account shall be rolled over to the following year. The interest on the account represents receipts to the State Budget, and payments for bank services relating to the maintenance of the account represent an expenditure of the State Budget. Part of the fees for the utilisation of frequencies used, in the amount determined by the Government, shall constitute income for the Radiocommunications Account.

(5) The holder of an authorisation to use radio frequencies or the Ministry of Defence, who requests compensation for the efficiently and purposefully expended costs for reasons referred to in Subsection 1 above, shall submit to the Office a quantification of these costs, documented by accounting records. The Office shall assess the submitted quantification on the basis of the accounting records, technical documentation and other such primary documents. Having made the assessment, the Office shall confirm the proposed amount of the efficiently and purposefully expended costs or shall determine another amount of costs efficiently and purposely expended.

(6) The costs referred to in Subsection 1 above shall mean

a) the costs of technical adjustments to equipment in the event of changes to the allocated radio frequency or changes to its technical parameters,

b) the depreciated cost of equipment used for the current method of using radio frequencies and decommissioned as a result of changes in the use of radio frequencies,

c) the costs of dismantling and decommissioning of equipment for the current method of using radio frequencies,

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d) the costs of installation and commissioning equipment to replace the decommissioned equipment, and

e) the costs of securing electronic communications services provided through the existing radio frequencies in a different manner, for the time needed to ensure the necessary technical measures to carry out the changes in the use of radio frequencies.

(7) The Office shall make public a statement of the administration of the resources in the Radiocommunications Account for the relevant calendar year. This statement represents part of the annual report on the activities of the Office in accordance with Section 110.

(8) The Government shall issue a regulation to prescribe the method and amount of the resources for the Radiocommunications Account from part of the fees for the right to utilise frequencies and the method of drawing on these resources, in accordance with the provisions of Section 133.

Volume 5

Management of Numbers, Number Series and Codes, Addresses and Names

Section 28

The Duties of the Office

(1) To ensure that numbers, number series and codes, addresses and names, except Internet addresses (hereinafter collectively referred to as “numbers”) are managed and effectively used, the Office is responsible for the management of numbers for electronic communications networks and services in compliance with the harmonisation plans of the European Union.

(2) Number management means arranging the numbering plans, drawing up rules for creating addresses and names except Internet addresses (hereinafter referred to as “numbering plans”) and changing them granting, amending and withdrawing authorisations to utilise numbers and recording and inspecting the utilisation of numbers.

(3) The Office shall maintain a database of the allocated numbers, which contains at least the numbers of the decisions by which the numbers were allocated and the period for which they were allocated. The database is publicly accessible in a manner allowing for remote access.

Section 29

Numbering Plans

(1) In compliance with the commitments of the Czech Republic resulting from an international treaty or its membership of international organisations, numbering plans contain rules for creating and utilising numbers, including European harmonised numbers18a),for publicly available electronic communications services provided through electronic communications networks. Numbering plans also lay down exceptions to the obligation to provide number portability (Section 34).

(2) The Office is entitled to decide to implement a special mode for calls between the border regions of the Czech Republic and adjacent border regions of other Member States. An undertaking that provides a publicly available telephone service shall inform its end users in the regions concerned of these modes without unnecessary delay.

(3) When changing the numbering plan, the holder of an authorisation to use numbers is required to carry out the technical adjustments arising from these changes at his/her own expense. The subscriber or user shall not be entitled to reimbursement for any costs or compensation for any damage he may incur as a result of a change in his/her number because of a change in the numbering plan.

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(4) The numbering plan shall be determined by an implementing legal regulation.

Section 30

Authorisation to Use Numbers

(1) The numbers in the numbering plan may only be used on the basis of an authorisation to use numbers pursuant to Section 32, which is granted by the Office, unless it results from European Union or other legislation, or unless the authorisation to use numbers is granted by the International Telecommunications Union57). The Office shall decide to grant an authorisation to use numbers in such a way as to ensure that adequate numbers are provided to all public and private communications networks and publicly available electronic communications services.

(2) The Office shall decide whether to grant an authorisation to use numbers to any undertaking providing a public communications network or a publicly available electronic communications service under a general authorisation, or using such a network or service in conformity with conditions providing purposeful utilisation of the numbers on the basis of an application submitted to the Office. In the case of an authorisation to use numbers attached to private communication networks, the Office is also entitled to grant this authorisation to a legal person which is not an undertaking pursuant to the first sentence above. In the case of European harmonised numbers, the Office shall decide whether to grant an authorisation to an undertaking providing a public communications network or providing a publicly available electronic communications service, or also to a legal person which is not an undertaking, but whose activity corresponds to the purpose for which such numbers are reserved.

(3) The application for the grant of an authorisation to use numbers shall contain:

a) Information on whether the applicant is

1. an undertaking which is a legal entity: the trade name, registered address, or the registered address of an organisational unit on the territory of the Czech Republic, the business identification number, if any, and the name(s), surname and domicile of the person authorised to act on behalf of that legal entity,

2. an undertaking who is a natural person: that person’s first name(s) and surname and the trade name, if any, the domicile address, place of business or the registered address of the organisational unit on the territory of the Czech Republic, if applicable, and the business identification number, if any,

3. a legal entity which is not an undertaking: the name, registered address and business identification number, if any,

b) information about the numbers requested and the purpose of the use thereof,

c) the requested duration of the use of the numbers.

(4) For persons not yet entered in the Commercial Register, the application must be supported by a notarised copy of the contract or deed of incorporation or establishment of the legal entity.

(5) The Office shall decide whether to grant an authorisation to use numbers without delay. If the numbers concerned are those reserved for special purposes within the numbering plan, the Office shall make its decision within a period of 3 weeks of the date of delivery of a complete application.

(6) The Office shall interrupt the procedure to grant an authorisation to use numbers for a period not longer than 8 months if no suitable numbers are available.

(7) The Office shall publish an announcement of its decision to grant an authorisation to use numbers.

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(8) The Office shall decide not to grant an authorisation to use numbers in the event that:

a) the numbering plan does not allow the use of the numbers requested,

b) such a decision is required in order to meet the commitments resulting from an international treaty binding on the Czech Republic, which treaty was published in the Collection of Laws or in the Collection of International Treaties, or from the Czech Republic’s membership of international organisations,

c) the applicant has failed to submit a complete application for the grant of an authorisation to use numbers within the period prescribed by the Office, even when repeatedly invited by the Office to do so,

d) the requested numbers are not available.

(9) The Office may decide not to grant an authorisation to use numbers to an applicant who is in arrears with the payment of fines or fees imposed on him/her under the provisions of this Act.

(10) An undertaking that was granted an authorisation to use numbers must not discriminate against any other undertakings providing electronic communications services in terms of the number series used for access to their services.

(11) An undertaking may only transfer its authorisation to use numbers to any other undertaking with the Office’s consent. The provisions of Section 23 shall apply mutatis mutandis to a transfer of an authorisation. This shall not affect the use of numbers by another undertaking on the basis of number porting in accordance with Section 34.

(12) If a remedy is sought against a decision made on the basis of Subsection 5 above, the claim for remedy shall not have a suspensory effect.

Section 31

repealed

Section 32

Issuance of the Authorisation to Use Numbers

(1) The Office shall indicate the following in the authorisation to use numbers:

a) if the applicant was

1. an undertaking, which is a legal entity: the trade name, registered address, or the location of an organisational unit on the territory of the Czech Republic, and the business identification number, if any,

2. an undertaking, who is a natural person: that person’s first name(s) and surname and the trade name, if any, domicile address, place of business and business identification number, if any,

3. a legal entity which is not an undertaking: the name, registered address and business identification number, if any,

b) the numbers allocated,

c) the designation of the service for which the numbers will be used, including any requirements relating to the provision of the services concerned,

d) the amount of the fees referred to in Section 37 below, unless otherwise provided herein,

e) the period of validity of the authorisation to use numbers.

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(2) The Office may also, in the authorisation to use numbers, impose conditions concerning:

a) the purposeful utilisation of the numbers,

b) the obligation to provide access to operator services, telephone number information services and subscriber directory enquiry services,

c) the transfer of the authorisation to use numbers, at the request of the authorisation holder, as well as the conditions governing such a transfer, or

d) the commitments resulting from international treaties applying to the use of numbers.

The Office may determine the above conditions, unless they are determined by this Act, by the general authorisation or a special legal regulation.

(3) The holder of an authorisation to use numbers shall immediately notify the Office of any change in the circumstances under which he was granted the authorisation.

(4) The period of validity of the authorisation to use numbers as referred to in Subsection 1 (e) must be adequate to the given electronic communications service and must be in accordance with the numbering plan, the harmonisation plans of the European Union, the international treaties binding on the Czech Republic and which have been published in the Collection of Laws or in the Collection of International Treaties, and with the security of the State.

Section 33

Access to the Single European Emergency Call Number and National Emergency Call Numbers

(1) An undertaking that provides a publicly available electronic communications service for the origination of national calls shall make it possible for all its end users, including the users of public pay telephones, to make a call that is free of charge and that does not require the use of any means of payment, to the emergency number. Emergency numbers are the single European emergency number (112) and national emergency numbers set out in the numbering plan. Emergency numbers are used to notify events in cases where there is a threat to life, health, property or public order.

(2) An undertaking that provides a publicly available electronic communications service for the origination of national calls using a public switched communications network shall provide, without delay and free of charge, current personal data on all its subscribers who are natural persons and identification data for all its subscribers which are legal entities to an undertaking providing a connection to a public switched communications network of an entity which operates a facility for the reception of calls on emergency numbers for the localisation, or if necessary, the identification of the caller when emergency numbers are called. The undertaking providing these data shall update them continuously, at least once every 14 days.

(3) An undertaking providing a connection to a public switched communications network to an entity which operates a facility for the reception of calls on emergency numbers shall:

a) establish and maintain a current database containing the data referred to in Subsection 2 above, including data on its subscribers to a publicly available telephone service and

b) ensure the entity which operates a facility for the reception of calls to emergency numbers, immediate and free access to individual data from the database referred to in clause (a) above in a manner enabling remote access, including the immediate and free return transfer of data from this database.

The information kept in the database may only be used for the location or, if necessary, the identification of a caller during a call to an emergency number.

(4) An undertaking referred to in Subsection 3 above is entitled to be reimbursed for the

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costs of establishing and maintaining the database pursuant to Subsection 3 (a) from the entity operating the facility for the reception of calls to emergency numbers. The amount and manner of such reimbursement shall be set out in an implementing legal regulation.

(5) An undertaking that provides a public mobile communications network must ensure for all calls to the emergency numbers that caller location information (Section 91) and other information enabling the caller’s identification is immediately available to the entity operating a facility for the reception of these calls.

(6) An undertaking referred to in paragraph 1 above must ensure that the public are informed of the existence and conditions of use of the emergency numbers, especially in telephone directories for subscribers to a publicly available telephone service (hereinafter referred to as “directories”), and at places where public payphones are located, and must do so in a manner allowing for remote access.

(7) An undertaking providing an electronic communications network shall bear all the costs associated with the origination and transfer of calls to emergency numbers and information on the caller’s location within its network. This obligation also applies to transfers of these calls and the transfer of information about the caller’s location from networks operated by other undertakings.

(8) In cases where continuous provision of the service of calls to emergency call numbers is endangered or terminated, the Office is entitled to decide on measures needed to maintain or resume the provision of such a service and may, if necessary, impose on an undertaking with significant market power on the relevant market (Section 53 Subsection 1), which provides a publicly available telephone service at a fixed location, the obligation to ensure the further provision of this service.

(9) The scope, form and method of the data transmission pursuant to Subsection 2 above, the form and manner of maintaining the database pursuant to Subsection 3 (a) and the scope, form and method of data transmission pursuant to Subsection 3 (b) and Subsection 5 shall be set out in an implementing legal regulation.

(10) If the subscriber, or user, makes malicious calls to an emergency number, the undertaking in whose network such a call originated, is obliged, at the request of the entity that operates the facility for the reception of calls to emergency numbers, to disable access to its network by the telecommunications end device from which these calls are made, with the exception of public payphones connected to public communications networks. A request pursuant to the first sentence above shall be made in electronic form via a data box, or must be signed with a recognised electronic signature in accordance with a special legal regulation. An entity operating a facility for the reception of calls to emergency numbers is authorised to refuse communications, on a temporary basis, made from a telecommunications end device from which malicious calls have been made repeatedly.

(11) The Office shall decide whether to re-enable access from the telecommunications end device to the public communications network at the request of the subscriber concerned. During its decision-making, the Office shall take account of the seriousness of the actions taken and, particularly, to the manner, extent and consequences of the malicious call.

(12) A malicious call to an emergency number means a call to this number for a purpose other than that set out in Subsection 1 above.

Section 33a

Access to European Harmonised Numbers

(1) An undertaking that provides a publicly available telephone service shall enable all of its end users, including users of public payphones, to make free calls, which do not require the use of any means of payment, to European harmonised numbers18a). The rights of an undertaking that provides a publicly available telephone service to recover the costs incurred by persons who use

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these harmonised numbers are not affected.

(2) An undertaking that provides a publicly available telephone service is required to provide information to its subscribers and users concerning the existence and conditions of use of European harmonised numbers, especially in a manner allowing remote access.

Section 34

Number Portability

(1) Any undertaking providing a public communications network or a publicly available electronic communications service shall ensure that any subscriber who so requests is able to retain his/her telephone number, or numbers, within the scope of the numbering plan, regardless of the undertaking that provides the service:

a) in the case of a geographical telephone number, within the specified area,

b) in the case of non-geographical telephone numbers, anywhere within the territory of the state.

This obligation does not apply to telephone number portability between public switched and public mobile communication networks. This does not apply in the case of the telephone numbers specified in the implementing legal regulation in accordance with Section 29 Subsection 4.

(2) A geographical telephone number means a number from the numbering plan, where part of the numerical structure of such a number contains a geographical meaning used to route calls to the physical location of the termination point of the public communications network.

(3) A non-geographical telephone number means a number from the numbering plan which is not a geographically bound number, including, but not limited to, free call service numbers, premium rate services and subscriber numbers on public mobile communications networks.

(4) The Office shall stipulate the technical and organisational conditions for the implementation of number portability and the principles for billing between undertakings in relation to number portability in a measure of general nature.

(5) The period during which the subscriber is not provided with a publicly available electronic communications service during the process of transferring the telephone number to this number may not exceed one working day.

Section 35

Access to Telephone Numbers and Electronic Communications Services

(1) Any undertaking providing a public available electronic communications service shall ensure, if technically feasible and economically reasonable, with the exception of cases when the called party has decided, for business reasons, to restrict access to callers who are located in specific geographical areas, that end users have access, within the European Union:

a) to services provided through non-geographic telephone numbers and ensure that they are able to use these services,

b) to all numbers used in the European Union, regardless of the technology and equipment used by the operator, including numbers from national numbering plans of European Union Member States, numbers that belong to the European Telephone Numbering Space and universal international numbers for free calls.

(2) The Office is entitled to impose an obligation on an undertaking providing a public communications network or a publicly available electronic communications service to inform users of the price of calls to telephone numbers designated for premium services. The Office may also impose an obligation on these entities to ensure that users are informed free of charge by an automated

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message giving the price of calls to access specific premium services, immediately before providing such services.

(3) The Office is entitled to impose an obligation on an entity referred to in Subsection 2 above to block access to telephone numbers and services if it discovers that access to these numbers and services constitutes a violation of the obligation imposed under Subsection 2. The Office is also authorised to impose on the entity an obligation to withhold payments paid by the subscriber for access to these numbers and services if there is reasonable suspicion that these telephone numbers or services are misused for fraudulent purposes. The Office shall impose the obligation under the first or second sentence above on the basis of a request from the public authority responsible for dealing with fraudulent practices. The Office shall publish this decision in a manner that enables remote access.

(4) An undertaking providing a public communications network or a publicly available electronic communications service is required to withhold the payments referred to in Subsection 3 above until such time as the authority responsible for dealing with fraudulent practices is able to decide on them.

Section 36

Change, Extension, Withdrawal and Expiry of the Authorisation to Use Numbers

(1) The Office shall decide to change the authorisation to use numbers in justified cases, which are:

a) the need to meet the commitments resulting from international treaties binding on the Czech Republic, which treaties were published in the Collection of Laws or Collection of International Treaties, or from the Czech Republic’s membership of the European Union or international organisations,

b) the declaration of a state of crisis,

c) a change in the facts on the basis of which the authorisation to use numbers was granted or a change in the amount of the fees pursuant to Section 37 below,

d) a justified application from the holder of an authorisation to use numbers.

With the exception of a case specified in Clauses (b) and (d), the Office must inform the parties concerned of its intention to make such changes and must afford them a period of 1 month for their response. In the cases referred to in Clauses (a) to (c), the Office may reduce this period, but not to less than 7 days. The Office shall provide justification for any reduction of this period.

(2) If a change occurs as referred to in Subsection 1 (a) and (b), the State shall pay through the Office the costs incurred to the holder of the authorisation. The State shall not pay such costs in the event that the applicant continues to request an authorisation to use numbers, despite having been notified of the planned change in the use of the numbers by the Office, where the Office has stated this fact in its decision on the authorisation to use numbers.

(3) At the request of the holder of the authorisation to use numbers, the Office will decide on an extension of the validity period of the authorisation. Unless prevented by circumstances specified in Subsection 1 (a), or unless reasons are given to prevent the authorisation to use numbers being granted pursuant to Section 30 Subsection 8, the Office will extend the validity period, but the extension may at the maximum be as stated in the authorisation. The validity period may be extended repeatedly. A request to extend the period of validity of an authorisation to use numbers must be delivered to the Office at the latest one month prior to the expiry date of the authorisation.

(4) The Office is entitled to decide to withdraw an authorisation to use numbers if and when:

a) the authorisation holder no longer meets some of the conditions on the basis of which the

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authorisation was granted,

b) the authorisation holder fails to fulfil the obligations specified herein or in the decision to grant or amend the authorisation and fails to remedy the situation within the period specified by the Office in accordance with Section 114, despite having been warned by the Office of the possibility of such a withdrawal for this reason, or

c) the holder of an authorisation to use a European harmonised number fails to use this number for a continuous period of six months, or repeatedly interrupted the use of this number for an aggregate period of 12 months over the course of 2 years, or used it for purposes other than those for which it was granted; the period for assessment of the failure to use a European harmonised number is calculated from the date on which the authorisation to use a European harmonised number by the authorisation holder or his/her legal predecessors was first granted.

(5) The office shall decide to withdraw an authorisation to use numbers if and when:

a) such a withdrawal is needed in order to fulfil the commitments under an international treaty binding on the Czech Republic, which treaty was published in the Collection of Laws or Collection of International Treaties, or under the Czech Republic’s membership of the European Union or international organisations, or when the circumstances occurring upon the declaration of a state of crisis so require, or

b) the authorisation holder has asked for the withdrawal.

(6) If the Office decides to withdraw an authorisation as referred to in Subsection 4 (b), the applicant may apply again for the grant of an authorisation no sooner than upon the expiration of 6 months following the date on which the decision to withdraw the authorisation took effect.

(7) The authorisation to use numbers shall expire

a) at the end of the period for which the authorisation to use numbers was granted,

b) on the date of termination of the existence of the legal entity which is a holder of an authorisation to use numbers, if it has no successor in law,

c) with the death of an authorisation holder, unless the business is continued by an heir 16b) or the administrator of the probate estate16c), or

d) on the date of entry into effect of the Office’s decision referred to in Subsections 4 and 5.

(8) The holder of an authorisation to use numbers, or his/her successor in law, shall ensure that, immediately after the expiry of the authorisation to use numbers, the use of numbers based on that authorisation is terminated.

Section 37

Fees for Rights Resulting from the Authorisation to Use Numbers

(1) The holder of an authorisation to use numbers is obliged to pay fees for the right to use numbers. The use of the emergency numbers is not subject to any fees.

(2) The Government shall issue an order determining the amount of the annual fee referred to in Subsection 1 above, ranging from CZK 1 to CZK 150,000 for one allocated number, differentiated according to the type of number and the type of electronic communications service.

Volume 6

Universal Service

Section 38

Authorisation of the Office and the Duties of the Undertakings

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(1) The provisions of this volume stipulate the scope of universal service, the rights of end users and the duties of undertakings providing publicly available networks and publicly available electronic communications services. The purpose is to ensure that public communications networks are accessible and public communications services are available to end users at the prescribed quality level, meeting end users’ reasonable needs.

(2) Within the universal service, the Office may impose an obligation on undertakings to provide the following services (hereinafter referred to as “partial service”):

a) connection at a fixed point to a public communications network,

b) access at a fixed point to the publicly available telephone service,

c) regular issuance of telephone directories and access to these directories for end users,

d) a telephone directory enquiry service, available to end users, to provide information about the telephone numbers of subscribers to the publicly available telephone service,

e) a public payphone service or other similar technical facilities enabling access to the publicly available telephone service,

f) access for disabled persons to the publicly available telephone service, to the telephone directory enquiry service and to telephone directories at the same level of quality as the access enjoyed by all other end users, based on, in particular, specially equipped telecommunications terminal equipment, or

g) additional services to those services referred to in Clauses (a) and (b) above, being:

1. phased payment of the price for the establishment of a connection to a public communications network for consumers,

2. free selective barring of outgoing calls, sending of premium text messages or multimedia messages, or, if technically feasible, access to similar services with increased prices or calls to specific types of numbers for subscribers,

3. free itemised billing for subscribers,

4. the provision of information, at the request of the subscriber, on lower pricing or more favourable pricing plans and the terms and conditions under which they are applied, if such information is available, and

5. control of subscriber expenditure relating to the use of a publicly available telephone service, including free warnings to consumers in case of unusual or excessively increased use of this service.

The imposition of an obligation pursuant to Clause (g) point 3 above shall be without prejudice to the provisions of Section 64 Subsection 3. The services referred to in Clauses (a) and (b) must enable a prepayment system for consumers (Section 44).

(3) The Office shall impose an obligation on undertakings providing a publicly available telephone service, which submitted an application and complied with the conditions for participation in the selection proceedings, to enable persons with special social needs, pursuant to Sections 44 and 45 below a selection of prices or pricing plans different from the pricing plans provided under normal business conditions, so as to enable access for such persons and to allow them to use partial services and the publicly available telephone service (hereinafter referred to as “special prices”). The provisions of Section 39 shall apply mutatis mutandis to the selection proceedings and the designation of undertakings. The use of such special prices shall not limit such persons in using all the publicly available electronic communications services provided by other undertakings. Special prices shall be provided to any person with special social needs who is able to submit to the undertaking providing a publicly available telephone service, which has been placed under an obligation to

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provide special prices, the documents specified in Section 43 Subsection 5 below. The State, through the Office, shall compensate undertakings providing special prices for losses suffered as a result. The provisions of Section 48 and Section 49 Subsections 1 and 4 shall apply mutatis mutandis to the calculation of losses and the compensation thereof.

(4) For the purposes of this Act, a person with special social needs means an end user who is a disabled person in accordance with Section 43 Subsection 4 (a), (b), (c) or (d).

(5) An undertaking providing a publicly available telephone service that provides special prices pursuant to Subsection 3 above, shall keep a list of persons who have been granted a special price to enable inspection of the drawdown of discounted prices.

(6) A universal service provider means a person who has been ordered to provide one or more of the partial services listed in Subsection 2 above, or to provide special prices pursuant to Subsection 3.

(7) A person who has been granted a special price shall inform the undertaking providing a publicly available telephone service, which has been placed under an obligation to provide special prices, of any circumstances that might affect the conditions for providing the special prices.

(8) The Government shall stipulate in a regulation the documents required by a person with special social needs to demonstrate their standing to an undertaking providing a publicly available telephone service, which provides special prices pursuant to Subsection 3 above, the amount of the price discount for these persons, the particulars required in the lists of persons pursuant to Subsection 5 above, and the period for which these lists must be maintained.

Section 39

Designation of the Universal Service Provider

(1) The Office shall, in accordance with Section 130, consult with the interested parties its intention to impose or to lift the individual obligations based on Section 38 Subsections 2 and 3 (hereinafter referred to as the “universal service obligation”) over the entire territory of the State or any part thereof. The notification to that effect shall contain information including, but not limited to:

a) the partial services, including the scope thereof, which will be the subject-matter of the universal service obligation, as well as the territory to which the imposition of the universal service obligation is to apply,

b) a justification of the intention to impose the universal service obligation,

c) the conditions the Office intends to set out under the universal service obligation.

(2) Upon evaluating the results of the consultation referred to in Subsection 1, the Office will not impose an obligation to provide a partial service if it learns that the provision of the service concerned is secured over the entire territory of the State or any part thereof, under conditions comparable with the requirements to provide a universal service in accordance with this volume, without having to impose the obligations referred to in Section 38 Subsections 2 and 3. Otherwise the Office shall announce a tender procedure.

(3) The Office shall issue a decision to cancel the obligations specified in Section 38 Subsections 2 and 3 if it learns on the basis of the consultation pursuant to Subsection 1, that the provision of the service concerned is secured over the entire territory of the State or any part thereof under conditions comparable with the requirements to provide a universal service in accordance with this volume, without having to impose the obligations referred to in Section 38 Subsections 2 and 3. At least once every two years, the Office shall examine whether the reasons for which the obligation specified in Section 38 Subsections 2 and 3 still exist. If, on the basis of the review, the Office finds that the reason for imposing an obligation to provide a partial service pursuant to

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Section 38 Subsections 2 and 3 no longer exist, it shall decide to cancel this obligation, and shall also settle the net costs for its provision during the period this service was provided.

(4) The Office shall determine in accordance with the principles specified in Section 6 the criteria of evaluation of the applications for the provision of a universal service. The criteria shall include, in particular:

a) the undertaking’s financial, technical and professional qualifications for providing a universal service,

b) the requirement that the costs of providing a universal service within the scope and quality required should be as low as possible.

(5) The Office shall determine the conditions of participation in the tender procedure in accordance with the principles set out in Section 6. An undertaking’s application to the tender procedure shall contain a specific proposal for the calculation of the net annual costs of providing a universal service, which is in accordance with Section 48 Subsections 2 to 4, and the expected total amount of such costs.

(6) The Office may request that the applicant submit the necessary documents to prove his/her ability to meet the conditions relating to the authorisation.

(7) The Office shall publish an announcement of the tender in accordance with Section 125, together with the deadline for submission of applications, with all the conditions of participation, the requirements for the quality and scope of the services to be provided, and the evaluation criteria for applications for universal service provision.

(8) The Office shall issue a decision to impose an obligation to provide a universal service on an undertaking which has submitted its application by the deadline referred to in Subsection 7, has met the conditions of participation in the tender procedure, and best complied with the evaluation criteria for applications. The Office shall deliver its decision, including the justification thereof, to all undertakings that have submitted their applications by the deadline referred to in Subsection 7.

(9) The Office imposes an obligation to provide a universal service covering the entire territory of the State or any part thereof on one or a number of undertakings to ensure that access to all the partial services provided under the universal service is available from any fixed point for all end users throughout the territory of the State.

(10) The Office shall make public a report on the course and results of the tender and the decision to impose obligations pursuant to Subsection 8.

(11) Provisions of the Commercial Code concerning public procurement shall apply mutatis mutandis to the tender procedure.

(12) The Office is entitled to cancel an announced tender and may do so even after the expiration of the period prescribed for the submission of applications. The Office shall publish notice of cancellation of the tender.

(13) In the event that no undertaking submits an application for the tender procedure within the period indicated in Subsection 7 above, or if no undertaking is selected because they failed to respect the conditions of participation or to meet the evaluation criteria for applications, the Office shall make a decision to impose an obligation to provide a universal service on an undertaking with significant market power on the relevant market or, if there is no undertaking with significant market power on the relevant market, on the undertaking that best complies with the evaluation criteria for the applications. At the same time, the Office shall make a decision in accordance with Section 45 to determine the price for which the universal service is to be provided in such a case. The Office shall make a qualified estimate of the preliminary level of net costs.

(14) In the event an undertaking, which has been placed under an obligation to provide some

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of the partial services, decides to convert its network for the provision of connection services at a fixed location to a public communications network and access from a fixed location to a publicly available telephone service, or a major part thereof, to another legal entity, it is obliged to inform the Office in writing of this fact in advance, within a reasonable time. The notification to the Office shall contain information including, but not limited to:

a) information in the scope set out in Section 13 Subsection 3,

b) information concerning the transferee in the scope set out in Section 13 Subsection 3,

c) a definition of the type and territorial extent of the network to which the transfer relates,

d) information on the financial, technical and professional qualifications of the transferee, in particular in relation to the continued obligation to provide a universal service,

e) the date on which the network will be transferred to the transferee.

(15) The Office shall assess the impact of the transfer of ownership of the network, or a major part thereof, on the provision of connection services at a fixed location to a public communications network and the provision of a publicly available telephone service pursuant to Section 40 and, after consultations in accordance with Section 130, shall issue a decision on the continuation, change or cancellation of obligations to provide some of the partial services.

Section 40

Connection to the Public Communications Network and Access to the Publicly Available Telephone Service

(1) A universal service provider on whom an obligation was imposed under Section 38 Subsection 2 (a), shall meet all reasonable user requests for a single connection at a fixed location to the public communications network.

(2) A connection at a fixed location to the public communications network means the establishment and operation of a network termination point at a fixed location.

(3) A universal service provider on whom an obligation was imposed under Section 38 Subsection 2 (b), shall meet all reasonable user requests for access at a fixed location to the publicly available telephone service.

(4) Access at a fixed location to the publicly available telephone service means the operation of the network termination point.

(5) Connection to the public communications network and access to the publicly available telephone service must enable end users to make national and international telephone calls and carry out facsimile communication and data transmission at speeds sufficient for functional Internet access with respect to the technologies used by the majority of subscribers, and with respect to technical feasibility.

(6) If the universal service provider referred to in Subsections 1 and 3 is unable for reasons on its part to meet a reasonable request within the period defined according to the value of the quality parameters or binding performance targets, the universal service provider shall, with one month of receiving the request, notify the user of its inability to meet such a request and provide a date by which the request will be met, and at the same time shall inform the Office to that effect.

(7) An implementing legal regulation shall define the characteristics of reasonable requests as referred to in Subsections 1 and 3 above and the conditions of Internet access as referred to in Subsection 5.

Section 41

Telephone Directories and Directory Enquiry Service

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(1) A universal service provider on whom an obligation was imposed under Section 38 Subsection 2 (c), shall, in accordance with Sections 95 and 96 below, maintain, distribute and issue a directory of the subscribers of all the undertakings providing a publicly available telephone service and update it at least once a year. This telephone directory shall be issued in printed form or in a manner allowing for remote access. The universal service provider shall provide such a directory to the subscriber at the subscriber’s request.

(2) A universal service provider on whom an obligation was imposed under Section 38 Subsection 2 (d), shall, in accordance with Section 96 below, provide a complete directory enquiry service to end users, including users of public pay telephones. Such a directory enquiry service shall cover the telephones number of the subscribers of all undertakings providing a publicly available telephone service.

(3) Any undertaking providing a publicly available telephone service shall:

a) immediately after the designation of the universal service providers referred to in Subsections 1 and 2 above, supply them with personal data relating to their subscribers who are natural persons and identification data relating to their subscribers who are legal entities, provided these subscribers have agreed to the publication thereof. The personal data of natural persons and the identification data of legal entities are published in the scope to which their publication has been approved by these subscribers. Before requesting their consent to the publication of their personal and identification data, an undertaking providing a publicly available telephone service shall inform the subscribers, free of charge, of the purpose of the directory of subscribers and of other possibilities of using the data based on the search functions in the electronic versions of the directory,

b) at least once every three months, supply to the universal service providers referred to in Subsections 1 and 2 above the updated data referred to in Clause (a).

The party supplying this information is entitled to compensation for reasonably incurred costs. Undertakings providing a universal service are obliged to treat such information in a non-discriminatory manner. It is forbidden, in particular, to afford any preferential treatment to information about its own subscribers to the detriment of the subscribers of other undertakings providing a publicly available telephone service. If the universal service provider pursuant to Subsection 1 is also an undertaking providing a publicly available telephone service, the granting of consent to the publication of its subscribers’ data shall be subject to the conditions set out in Clause (a).

(4) The imposition of an obligation to provide a universal service as specified in Subsections 1 and 2 above shall not be to the prejudice of issuing telephone directories and providing directory enquiry services by other entities in accordance with Sections 95 and 96.

(5) The personal data as referred to in Subsection 3 above are: the name(s), surname or pseudonym, if any, permanent domicile, telephone number and electronic mail address. In the case of a natural person who is an undertaking, the address of the place of business should be added to the personal data. Identification data as referred to in Subsection 3 above are: the trade name of an undertaking or name of a legal entity other than an undertaking, the registered address or the registered address of an organisational unit, the address and telephone number of the establishment and the electronic mail address.

(6) Only personal or identification data, in the scope set out in Subsection 5 above, may be included in a directory or database that provides information on subscribers’ telephone numbers. On the basis of a contract, additional information concerning the subscriber may be published in the directory. Personal and identification data on subscribers who have not given their consent to its publication may not be published. The non-publication, modification, verification and removal of personal or identification data from the directory is free of charge for the subscriber concerned.

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Section 42

Public Pay Phones and other Similar Technical Equipment enabling Access to a Publicly Available Telephone Service

(1) A universal service provider on whom an obligation was imposed under Section 38 Subsection 2 (e), shall meet the needs of the public in the delineated geographical area as to the number of public pay telephones, or other similar technical equipment enabling access to a publicly available telephone service, to be installed, the geographical coverage thereof, the quality of the service provided and their accessibility, including catering to the needs of disabled end users.

(2) A universal service provider referred to in Subsection 1 above shall ensure free access of end users:

a) to public pay telephones or other similar technical equipment enabling access to a publicly available telephone service and their uninterrupted operation,

b) to emergency numbers (Section 33) without having to use any means of payment.

Section 43

Special Measures for Disabled Persons

(1) A universal service provider on whom an obligations was imposed under Section 38 Subsection 2 (f), shall provide persons with disabilities access to a publicly available telephone service, ensuring that it is affordable for them and allowing equal access to that enjoyed by other end users, including access to emergency numbers, to directories, to directory enquiry services and the option of selecting an operator or undertaking providing a publicly available electronic communications service.

(2) A universal service provider as referred to in Subsection 1 above shall, in particular,

a) lease or sell to disabled persons, if they so request, one specially modified telecommunications terminal device, adequate to their handicap, at the price of standard telecommunications terminal equipment,

b) ensure that selected public pay telephones have barrier-free access, are available and are specially equipped19).

(3) The functional characteristics of specially adapted telecommunications terminal equipment, as referred to in Subsection 2 above, for different types of handicap shall be set out in an implementing legal regulation.

(4) For the purposes of this Act, disabled persons shall be understood to mean:

a) a ZTP card holder, as a disabled person for reasons of absolute deafness or being practically deaf,

b) a ZTP/P card holder, as a severely disabled person,

c) a person dependent on the assistance of another natural person at stage II (medium dependency), stage III (severe dependency) or stage IV (total dependency)20) or, in the case of a minor, a subscriber who personally cares for such a minor, or

d) a subscriber who raises or takes personal care of a minor who was entrusted to his/her care as a substitute for parental care on the basis of a decision by the competent authority and who is the holder of a card pursuant to Clause (a) or (b).

(5) The Government shall stipulate in a regulation the documents by which a natural person proves his/her disability to a universal service provider.

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Section 44

Complementary Services

(1) A prepayment system means a service through which the consumer may prepay access to the public communications network and the use of a publicly available telephone service.

(2) Selective outgoing call barring pursuant to Section 38 Subsection 2 (g) means a service allowing the subscriber, free of charge, if he so requests, to bar outgoing calls, the sending of premium text or multimedia messages, if this is technically feasible, or access to other similar services with increased prices, or to restrict calls to the types of numbers or groups of numbers requested.

(3) Itemised price billing means the provision of bills, free of charge, that contain an itemised list of individual calls. It does not contain items in respect of calls for which a subscriber does not pay, including calls to numbers designated as free call numbers.

(4) A universal service provider shall enable the user a reasonable level of control over his/her account, in a manner enabling remote access. This control also includes free warnings to consumers in case of unusual or excessively increased use of an electronic communications service, which will affect the costs billed to the consumer.

(5) The scope of the billing referred to in Subsection 3 above shall be set out in an implementing legal regulation.

Section 45

Price Affordability

(1) On the basis of its own monitoring efforts and assessment of the evolution of the level of universal service prices with respect to consumer prices, inflation and the average wage of the population, the Office shall evaluate the affordability of the universal service, or partial services available on the market in the event that no undertaking has been designated to provide them pursuant to Section 39.

(2) A universal service provider is obliged to apply uniform prices in the territory of the state or the part thereof where it provides the universal service and to respect the price determined by the Office on the basis hereof. In securing the availability of the universal service, the Office shall minimise any necessary interventions into normal business conditions.

Section 46

Conditions of the Provision of Other Services

If a universal service provider also provides other services or telecommunications terminal equipment beyond the obligations imposed on it according to Section 38 Subsection 2 (a) to (g) or beyond the obligation based on Section 38 Subsection 3, such a provider shall avoid, in determining the contractual conditions (Section 63), requiring the subscriber to pay for those electronic communications services or telecommunications terminal equipment that are not essential or are not needed for the provision of the partial service requested.

Section 47

Quality of the Universal Service

(1) A universal service provider must fulfil the quality parameter values and performance targets for the individual partial services.

(2) A universal service provider shall publish, and simultaneously submit to the Office, information about the results of universal service provision and an evaluation of how the performance targets have been achieved as at 31 December of the calendar year, and must do so on an annual basis no later than 31 March of the following calendar year.

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(3) The Office is entitled to adopt a measure of general nature to prescribe the content, form and method of publication of the information referred to in Subsection 2 above in order to make complete, comparable and transparent data accessible to the end users.

(4) If there are justified doubts about the accuracy and comparability of the information about the achievement of the performance targets submitted by the universal service provider to the Office according to Subsection 2 above, the Office is entitled to decide that such information be audited by a third party whose impartiality and independence from the universal service provider is guaranteed. The universal service provider concerned shall bear the costs of such an audit.

(5) The universal service quality parameters, the limit values thereof and the performance targets shall be set out in an implementing legal regulation.

Section 48

Calculation of the Net Costs of Universal Service Provision

(1) The Office shall calculate the net costs of the provision of the universal service using the procedure specified in Subsections 2 to 7. If the universal service provider was selected on the basis of a tender, the Office shall make its calculation on the basis of the calculation of the net costs of providing a universal service as proposed by the Provider in the application to the tender procedure in accordance with Section 39 Subsection 5.

(2) Net costs mean the costs calculated as the difference between the costs efficiently and purposefully incurred by the undertaking obliged to provide the universal service and the costs efficiently and purposefully incurred by an undertaking without such an obligation, taking into account a reasonable return on the capital invested and the costs which the undertaking would have avoided incurring if it were not for its obligation to provide a universal service, and also taking into account the market benefits gained by the undertaking from the provision of a universal service. The net costs shall be calculated for the calendar year in which the universal service provider was obliged to provide a partial service (hereinafter referred to as the “billing period”).

(3) The net costs may only include the costs of fulfilling the obligations referred to in Section 38 Subsection 2 above. The net costs of fulfilling the individual obligations imposed within the universal service must be calculated separately for each of the obligations; double billing of any direct or indirect costs and market benefits is forbidden.

(4) The total net costs of universal service provision by all the undertakings concerned shall be calculated as a sum of the net costs of fulfilling the individual obligations imposed under the universal service arrangement.

(5) The complete supporting documents, allowing a correct calculation of the net costs for the billing period to be made, shall be submitted by the universal service provider to the Office no later than 31 July of the calendar year following the billing period. The universal service provider is responsible for the accuracy and completeness of the calculation it submits, as well as for the documents and supporting materials submitted. The Office shall calculate the net costs on the basis of the net cost calculation performed by the universal service provider in accordance with Subsections 2 and 3 above and on the basis of accounting documents, as well as other evidence, if any, by which the universal service provider must support its calculations. If the Office finds that the universal service provider’s supporting documentation is incomplete or contains misstatements, the Office shall afford the provider a reasonable period of time to complete and/or correct the supporting documentation. In the event that the universal service provider fails to make the corrections within the prescribed period of time, the Office shall not include the costs of the fulfilment of the obligation imposed within the universal service, to which the incomplete or insufficient documentation applies, in its calculation of the net costs of universal service provision.

(6) The Office shall audit the supporting documentation for accuracy and completeness

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within 6 weeks of the submission or completion thereof in accordance with Subsection 5 above, or may authorise a third party, whose impartiality and independence from the universal service provider is guaranteed, to carry out the audit. The Office shall publish the conclusions of the audit, as well as the results and method of calculation of the net costs of providing the universal service. The Office shall correct and immediately publish any typing or calculation errors and other obvious mistakes.

(7) An implementing legal regulation shall be issued stipulating the procedure to be used by the Office in determining the net costs of providing a universal service, also including the criteria for evaluating an unbearable economic burden, the method used to calculate the net costs of providing a partial service, the method of defining the market benefits referred to in Subsection 2 above and the documentation needed to support these calculations.

Section 49

Universal Service Financing

(1) The universal service provider shall submit to the Office its application for compensation of net costs no later than 31 July of the calendar year following the billing period.

(2) The Office shall determine whether the net costs of universal service provision, specified on the basis of Section 48, represents an unbearable burden for its provider. In the event the net costs represent an unbearable burden for the provider, the Office shall also decide on the amount of compensation for these costs. The period within which the amount must be remitted to the universal service provider must not be longer than three months from the date the decision referred to in the second sentence above enters into effect.

(3) Net costs pursuant to Subsection 2 above shall be paid by the State through the Office.

(4) If compensation for the costs of providing a universal service pursuant to Subsection 2 above is drawn on the basis of incorrect or incomplete data from the universal service provider, the Office shall revoke its decision and issue another decision on the amount of compensation to cover the costs of the provision of a universal service. The universal service provider shall return the financial resources drawn in an unauthorised manner at the latest within 15 days of the day on which the decision made by the Office on a new level of compensation for the costs of providing a universal service entered into effect, or on which the compensation was not granted. The universal service provider is also required to pay a penalty for improper use of funds of 1 per mille per day of an amount equivalent to the difference in the amount indicated in the cancelled decision on the amount of compensation for the costs of providing a universal service and the amount indicated in the new decision pursuant to the first sentence above. The penalty is income for the state budget. To reduce the strictness of the penalty, the Office may reduce or, in exceptional cases, waive it.

Section 50

Contents of the Annual Report on Universal Service

(1) The Office shall publish an annual report for the given billing period. The annual report shall include, at least:

a) the result of the calculation of the net costs of fulfilling the individual obligations imposed under the universal service arrangement, and the total net costs of providing the universal service,

b) a determination of market benefits arising to the universal service provider as a result of the provision of the universal service, including a quantification in monetary terms, and

c) information on compensation provided for net costs,

(2) The annual report of the universal service constitutes a part of the Annual Report on the

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activities of the Office in accordance with Section 110.

Volume 7

Analysis of the Relevant Markets and Definition of an Undertaking with Significant Market Power

Section 51

Analysis of the relevant markets

(1) The Office shall carry out an analysis of the relevant markets, defined in accordance with Section 52, in order to discover whether these markets are effectively competitive. The Office shall issue the order for market analysis as a measure of general nature. A market in which one or more undertakings with significant market power are in operation and where the corrective measures under national law or European Union in the competition area do not suffice to resolve the given issue is not an effective competitive market. The Office shall publish information about the commencement of the process of analysis of the relevant market.

(2) The Office shall carry out an analysis of the relevant markets at intervals of 1 to 3 years from the effective date of the decision imposing obligations pursuant to Subsection 5 on an enterprise with significant market power, or from the effective date of the measure of general nature by which the Office issued an analysis of the relevant market, which found the relevant market effectively competitive. The Office may extend this period, exceptionally, for a maximum of a further three years, provided it notifies the Commission of this fact, and provides a justification, and that the Commission does not raise any objections to the extension within one month.

(3) In the event the Commission issues a change to the recommendation on relevant markets23), the Office shall conduct a new analysis of the relevant markets within two years of the date of issue of this recommendation, provided that these are markets that have not yet been notified to the Commission by the Office.

(4) The Office shall publish the results of the analysis, including the opinion of the Office for the Protection of Competition, after consultations in accordance with Sections 130 and 131. If the relevant market is found not to be effectively competitive, the Office shall, as part of the results of the analysis, propose to designate an undertaking with significant market power and propose the obligations as specified in Subsections 5, 6 or 12 that it has decided to impose in order to remedy the situation.

(5) Depending on the results of the relevant market analysis, the Office shall issue a decision designating an undertaking with significant market power and impose on it one or more of the following obligations:

a) transparency in accordance with Section 82,

b) non-discrimination in accordance with Section 81,

c) separate records of costs and revenues in accordance with Section 86,

d) access to specific network elements and associated facilities in accordance with Section 84,

e) allowing carrier selection and pre-selection in accordance with Section 70 Subsection 1, or

f) obligations relating to pricing regulation in accordance with Sections 56 and 57.

Only the undertaking whose rights and obligations are to be decided shall participate in the proceedings.

(6) The Office is entitled, in addition to the obligations referred to in Subsection 5, to make a decision to impose other obligations related to access or connections on undertakings with significant market power. The Office shall impose such additional obligations after obtaining an affirmative opinion from the Commission.

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(7) If, on the basis of an analysis of the relevant market, the Office reaches the conclusion that the imposition of obligations in accordance with Subsections 5 and 6 has not resulted in effective economic competition and that major problems or market failure continue to exist in relation to the provision of access or connection services on the wholesale market, it may impose, as a special measure, on an undertaking with significant market power, which is vertically integrated, the obligation of functional separation in accordance with Section 86a.

(8) If the obligations pursuant to Subsections 5, 6, 7 and 12 already exist on the relevant market, the Office shall issue a decision to maintain, change or cancel these obligations.

(9) If the Office discovers, on the basis of the completed analysis, that the relevant market is effectively competitive or is no longer a relevant market pursuant to Section 52 Subsection 1, it shall decide to cancel the designation of an undertaking with significant market power and the obligations imposed in accordance with Subsections 5, 6, 7 and 12.

(10) The Office shall publish its decisions made on the basis of Subsections 5 to 13 above, and shall do so in accordance with Section 125.

(11) In the case of supranational markets, the Office shall proceed in compliance with European Union legislation and shall cooperate with the national regulatory authorities concerned to analyse the relevant market and, if applicable, to make a decision to identify the undertaking with significant market power in the given market. After consulting with the national regulatory authorities concerned, the Office shall decide to impose, maintain, change or cancel the obligations referred to in Subsections 5, 6, 7 and 12. For the purposes of this Act, a supranational market means a market defined in a Commission Decision, which covers the territory of the European Union, or a significant part thereof and exists in the Czech Republic and in at least one other Member State.

(12) If the Office identifies an undertaking with significant market power in accordance with Subsection 3 in any relevant for the end users and if, after carrying out the consultations referred to in Sections 130 and 131, it has arrived at the conclusion that remedy cannot be achieved by imposition of obligations in accordance with Subsection 5, the Office may issue a decision to prohibit such an undertaking or such undertakings from:

a) unjustified or unreasonable preferential treatment of certain end users,

b) unreasonable bundling of services,

c) charging unreasonably high prices, or

d) limiting economic competition by setting dumping prices.

(13) An undertaking that was designated an undertaking with significant market power on one of the relevant markets, may also be designated such an undertaking on another closely related relevant market provided the links between these markets are such as to allow the market power to be carried over from one relevant market to another, thereby reinforcing the market power of this undertaking. After carrying out an analysis of the second market, the Office may also impose obligations pursuant to Subsection 5 (a) to (c) and (f) on this second market. If the imposition of these obligations is not sufficient, the Office may also impose an obligation pursuant to Subsection 12 on this market.

Section 52

Relevant Market

(1) The Office shall issue a measure of general nature to determine the relevant markets in the electronic communications area for the purposes of this Act, including the criteria for evaluating significant market power, with respect to the decisions, recommendations and instructions of the Commission23). In the justification of the measure of general nature, the Office shall also indicate the opinion of the Office for the Protection of Competition.

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(2) In the event the Office wishes to define further relevant markets in addition to those determined by the measure referred to in Subsection 1, it shall hold consultations pursuant to Sections 130 and 131 on the proposed definition of such markets.

Section 53

Undertaking with Significant Market Power

(1) A legal entity or natural person conducting business in the area of electronic communications, which has, independently or in conjunction with one or more operators on the relevant market, an economic status that allows it to behave to an appreciable extent independently of competitors, customers and consumers, is an undertaking with significant market power.

(2) An undertaking with significant market power on the relevant market shall also be considered to be an undertaking with significant market power on a closely related market, provided the links between these markets are such as to allow the market influence from the relevant market to the related market, thereby reinforcing the overall market power of this entity.

(3) One entity on the relevant market may be designated an undertaking with independent significant market power or several entities with joint significant market power.

(4) The criteria for assessing whether a number of entities have joint significant market power are set out in an implementing legal regulation.

Volume 8

Prices and Price Regulation

Prices

Section 54

(1) An undertaking that provides a publicly available electronic communications service and a universal service provider shall:

a) publish the prices of services and any changes thereto, including the conditions set, in accordance with a special legal regulation24) before the entry into force of those prices, and shall also do so in a manner allowing for remote access,

b) submit to the Office, at its request, without undue delay and in electronic form, the currently valid prices of the services and any changes thereto, including the conditions set.

(2) The Office shall publish comparative overviews of current prices and the quality and conditions of the provision of publicly available electronic communications services by the individual providers, doing so in a form that will allow end users to make simple comparisons between these data.

Section 55

(1) An undertaking that is obliged to provide services in accordance with Section 34, and an undertaking with significant market power that is obliged to provide services in accordance with Section 70, shall negotiate connection prices in relation to the provision of these services to ensure that these prices are cost-oriented.

(2) A cost-oriented price means a price that reflects efficiently and purposefully incurred costs and a reasonable profit. This price shall be negotiated so as to ensure a return on the capital invested within a reasonable period of time and so as to reflect the risks involved, including risks associated with investing in new networks.

(3) In the event the prices for providing services pursuant to Section 34 or Section 70 are charged directly to the subscriber, the person concerned shall negotiate these prices so as to avoid discouraging subscribers from using such services.

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Section 56

Price Regulation

(1) In the regulation of prices in the electronic communications area, the Office shall proceed according to this Act. Price regulation means the determination or direct modification of the level of prices, exclusive of value added tax.

(2) The Office is entitled to apply price regulation, including the conditions affecting the price of the universal service provided by the universal service provider and the services provided by an undertaking with significant market power in the relevant market, and to do so by a pricing decision.

(3) The Office shall monitor and evaluate the development of price levels that are or may be subject to price regulation in the electronic communications area in accordance with Subsection 2.

(4) In applying price regulation, the protection of the interests of the entity whose prices are regulated shall be taken into account by the Office so that the price resulting from the Office’s decision is at least cost-based; this shall not apply to services provided in accordance with Section 43.

Section 57

Application of Price Regulation

(1) If it is proved by the analysis of the relevant market associated with connection or access, performed in accordance with Section 51, that this market is not effectively competitive, in particular because unreasonably high or unreasonably low prices are applied to the detriment of end users, and if measures based on Section 51 Subsection 3 (a) to (f) have not remedied the situation, the Office is entitled to apply price regulation to that relevant market by issuing a pricing decision.

(2) If it is proved by the analysis of the relevant market for end users, performed in accordance with Section 51, that this market is not effectively competitive and if the application of measures adopted by the Office on the basis of Subsection 1 have not remedied the situation, the Office is entitled to apply price regulation to the relevant market by issuing a pricing decision.

(3) If price regulation based on Subsections 1 and 2 above is imposed on an undertaking with significant market power, the decision made by the Office shall take into account the capital expenditures incurred by that undertaking and the related risks, and shall that undertaking to recover its investment within a reasonable period of time.

(4) If the price applied in accordance with Section 55 Subsection 3 discourages subscribers from using services pursuant to Section 34 or Section 70, the Office is entitled to apply price regulation to those services by issuing a pricing decision. In applying price regulation to the portability of telephone numbers for subscribers, the Office may not determine either specific or common prices.

Section 58

Method of Price Regulation

(1) The methods of price regulation the Office is entitled to apply under the conditions specified in Section 57, are as follows:

a) determination of the minimum or maximum prices,

b) rectification of price increases by setting conditions such as:

1. the maximum range of a possible price increase within a specified period of time,

2. the maximum proportion within which an increase of the prices of specified inputs can be reflected in the price within a specified period of time,

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3. a mandatory procedure to be used in determining or calculating prices, including the requirement that they be cost-oriented, the determination of efficiently and purposefully incurred costs and a reasonable profit, or

4. a mandatory procedure to be used in determining prices for related retail markets for vertically integrated undertakings, including the imposition of a ban on squeezing margins and an obligation to ensure that offers can be replicated,

c) time-limited ban on price increases above the currently valid level on the relevant market (hereinafter referred to as a “price moratorium”); a price moratorium can be imposed for a period no longer than twelve months.

(2) In price regulation based on Subsection 1 (a) above, the Office may determine a price based on prices in comparable markets.

(3) The methods of price regulation can be effectively combined.

Section 59

Pricing Decision

(1) A pricing decision must contain in its justification the method on the basis of which the Office proceeded to make its decision. The Office shall hold consultations on the pricing decision in accordance with Sections 130 and 131.

(2) The Office shall publish its pricing decision.

Section 60

Obligations of an Undertaking with Significant Market Power

(1) An undertaking with significant market power in the relevant market, on which an obligation to provide cost-oriented prices has been imposed on the basis of a decision by the Office, shall prove at the request of the Office that its prices are cost-oriented and are in compliance with the method of separate cost recording as specified in Section 86. To check the cost calculation, the Office may use methods that are not dependent on the methods used by the given undertaking with significant market, or may use prices from comparable markets.

(2) In the Office, on the basis of the checks pursuant to Subsection 1 above, comes to the conclusion that the given person has failed to fulfil the obligations relating to the cost-orientation of prices, the Office shall issue a decision imposing on that entity the obligation to adjust such prices. Such a decision must contain a justification.

TITLE IV

Rights and Obligations of Undertakings, Subscribers, Consumers and End Users

Volume 1

Provision of Publicly Available Electronic Communications Service and Public Communications Networks

Section 61

(1) An undertaking that provides a publicly available electronic communications service shall provide such a service continuously on all days in the year, unless otherwise provided in the Act, and the quality of provision of such services shall be as specified in Section 71 below.

(2) In cases where the continuous provision of a publicly available electronic communications service is endangered or interrupted, the Office is entitled to decide on measures necessary to maintain or resume such provision and, if necessary, the Office may oblige the undertaking providing

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a partial service in accordance with Section 38 Subsection 2, to ensure further provision of that partial service to those users for whom the continuous provision of service is endangered or interrupted.

(3) An undertaking that provides a publicly available telephone service shall ensure uninterrupted access to emergency numbers, with the exception of cases referred to in Section 33 Subsection 10, and to European harmonised numbers.

(4) An undertaking that provides a publicly available telephone service shall maintain an up-to-date database of all its subscribers to the publicly available telephone service. An undertaking that provides a publicly available telephone service through a mobile electronic communications network shall also maintain in the database the data available to it, concerning the activated prepaid cards in its mobile network. An undertaking that provides a publicly available telephone service is entitled to learn and use subscribers’ birth identification numbers for the purposes of maintaining the subscriber database.

(5) An undertaking that provides a publicly available electronic communications service is not responsible for the content of the messages being transmitted during the provision of that service.

(6) An undertaking that provides a publicly available telephone service enabling international calls shall ensure the connection of all international calls to the European Telephone Number Area. The price of these calls shall be comparable to the price charged by this undertaking for calls to and from European Union Member States. This shall not be to the prejudice of the undertaking’s right to compensation for the costs of the transmission of such calls over its network.

Section 62

(1) An undertaking that provides an electronic communications network or an electronic communications service shall use standards and specifications for the provision of its services and for determination of technical interfaces and network functions to the extent necessary to secure interoperability of the services and to extend selection opportunities for the user, the list of such standards and specifications being published in the Official Journal of the European Union as a basis for the support of harmonised provision of electronic communications networks and electronic communications services and the associated facilities and complementary services.

(2) If no such standards or specifications as referred to in Subsection 1 above were published, the standards or specifications adopted by the European Standardisation agencies shall be used. If there are no such standards and specifications, the international standards or recommendations adopted by the International Telecommunications (ITU), the European Conference of Postal and Telecommunications Administrations (CEPT), the International Standards Organisation (ISO) or the International Electrotechnical Commission (IEC) shall be used.

(3) Using the standards and specifications set out in Subsections 1 and 2, the Office shall draw up the network plans, which must be respected by undertakings providing electronic communications networks or electronic communications services. The Office shall publish the network plans as a measure of general nature.

Section 63

Particulars of the Contract to Provide a Publicly Available Electronic Communications Service and Publication of Information

(1) The following particulars shall always appear in a contract to provide a publicly available electronic communications service or connection to a public communications network, in a clear, complete and easily accessible manner:

a) in the case of an undertaking providing a service or enabling access to a network, the name(s), surname, domicile and business identification number or company name, if the

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undertaking is a natural person, or, in the case of a legal entity, the company or trade name, registered office (place of business) and business identification number, if necessary, the registered office of the organisational unit on the territory of the Czech Republic and a business identification number, if any, the name(s) and surname of the person authorised to act on behalf of that legal entity,

b) if the user is:

1. an undertaking that is a legal entity, the company or trade name, the registered office or the registered office of an organisational unit on the territory of the Czech Republic and the business identification number, if any, the name(s), surname and domicile of the person authorised to act on behalf of that legal entity,

2. an undertaking that is a natural person, the name(s) and surname, company name, if any, domicile, place of business and business identification number, if any,

3. a person that is not an undertaking, the name(s) and surname, domicile, date of birth or birth number of a natural person, if any, or the name and registered office, or the registered office of an organisational unit on the territory of the Czech Republic, or the business identification number of a legal entity,

c) a description of the service provided, particularly:

1. information on whether access is provided to emergency numbers and whether data is provided on the location of the caller to an emergency number, or any restrictions on access to emergency numbers,

2. information about any conditions restricting access to services and applications or the possibility of their use,

3. the minimum level of quality offered for the service provided and the minimum level of quality guaranteed and, in particular the date for beginning to provide the service, or the start date,

4. information about procedures introduced to measure and manage the operations of the electronic communications network, which are used to prevent the connection capacity being filled or exceeded and about the impact these procedures may have on the quality of the service provided,

5. information about restrictions applying to the use of terminal equipment,

6. information about subscriber rights arising from Section 95 below,

d) an offer of types of maintenance services and customer support services, including details on how to use these services,

e) information on prices, or the method of determining prices and how to obtain the latest information on current prices for all the available services,

f) information about the dates and methods of billing and payment and any differences in price for the different methods of payment or different forms of billing,

g) the period of validity of the contract and the notice period for its termination,

h) conditions for the restoration and termination of the service, including conditions relating to the minimum use of services, which must be met in order to benefit from promotional offers,

i) the method for registering complaints in respect of any faults in the provision of services and claims in respect of the billing for services provided, including information on where to file a complaint and the deadlines for making such a complaint,

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j) contractual fines or other penalty provisions for failure to fulfil contractual obligations or any breach thereof on the part of the undertaking providing a service or enabling access to a network or on the part of the subscriber,

k) arrangements in respect of compensation for losses and return of monies, that are to be applied in the case of failure to maintain the level of quality of the service set out in the contract, or in the case of interruption of the service or connection,

l) information about the method of resolution of disputes relating to the subject-matter of the contract outside judicial or administrative proceedings,

m) the method of notifying the subscriber about changes to the contractual conditions,

n) the types of measures the undertaking may adopt in the event the security and integrity of the network or security service is attacked or on detecting a threat to or vulnerability in the network or service,

o) the price for transferring a telephone number and possibly other identification data on the subscriber, and the conditions for such a transfer,

p) in the event the contract is terminated before the expiry of the period for which the contract is concluded, whether by notice or by agreement of the parties, information on the amount of the payment, which, in the case of a contract concluded with a consumer, may not be higher than one-fifth of the sum of the monthly fees remaining to the end of the period agreed as the contract term, or one-fifth of the sum of the minimum agreed monthly payments remaining to the end of the period agreed as the contract term and the reimbursement of the costs associated with the telecommunications terminal equipment, which was provided to the subscriber under advantageous conditions.

q) the subscriber’s decision to include his/her personal or identification details in the directory in accordance with Section 41 Subsection 3.

(2) An undertaking that provides a publicly available electronic communications service or a public communications network shall post a draft contract pursuant to Subsection 1 above in all its commercial premises and at the same time shall publish it in a manner allowing remote access.

(3) An undertaking that provides a publicly available electronic communications service or a public communication network is required to disclose information about its services. The Office is entitled to stipulate in an implementing legal regulation the manner and scope of its obligation to provide the following information:

a) to subscribers about the prices for all calls to numbers and services that are subject to special pricing conditions,

b) to subscribers about any change in access to emergency numbers or changes in the localisation of callers to emergency numbers,

c) to subscribers about any change in the conditions restricting access to services and applications, or the possibilities of their use,

d) about all procedures introduced by the provider to measure and manage operations, which are used to prevent the connection capacity being filled or exceeded and about the impact these procedures may have on the quality of the service provided,

e) to subscribers about their right to decide whether their personal or identification data will be included in the directory of subscribers in accordance with Section 41 Subsection 3 and on the scope of the data that will be included,

f) to disabled subscribers, on a regular basis, providing details on existing products and services that have been designed for them.

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(4) A user who requests a connection to a public communications network or access to a publicly available electronic communications service has the right to conclude a contract with one or more undertakings which provide such a service. This does not apply if circumstances exist that exclude the conclusion of a contract under this Act or under a special legal regulation.

(5) The Office may issue a decision requiring an undertaking that provides a publicly available electronic communications service or ensures connection to a public communications network to make changes to the contract or the posted draft contract for a publicly available electronic communications service or to ensure connection to a public communications network, if these are in contradiction with this Act or with the legal regulations implementing this Act or in contradiction with an Act containing rules for customer protection, for reasons of unfair, misleading or aggressive commercial practices or because it discriminates against consumers24a).

(6) The undertaking providing publicly available electronic communications service or ensuring connection to the public communications network shall at least 1 month before the effective date of any change to the contract publish information concerning such a change in each of its commercial premises and in a manner that enables remove access. At the same time the undertaking is required to inform the subscriber of such publication. In the case of a substantial change to the contract, which change represents a worsening of the position of the subscriber, the undertaking shall also inform a subscriber whose contract contains a provision imposing sanctions in the event the contract is terminated before the expiry of the term for which the contract is concluded of his right to terminate the contract before the effective date of such a change, without such sanctions if the subscriber does not accept the new conditions. The undertaking shall provide this information to the subscriber in the manner the subscriber has elected for sending bills. No right to terminate the contract shall arise under this provision if there is a change to the contract due to changes in the legislation or in the case of changes to the contract pursuant to Subsection 5.

(7) In the event an undertaking providing a publicly available electronic communications service or ensuring connection to a public communications network concludes a fixed-term contract with a consumer, the term for the initial contract for the electronic communications service in question shall not exceed 24 months. An undertaking providing a publicly available electronic communications service or ensuring connection to a public communications network shall also enable the user to conclude a contract for a maximum term of 12 months; this does not exclude the possibility of concluding a contract for a longer period of time if the user so requests.

(8) Contractual arrangements that contain conditions and procedures for terminating the contract that deter consumers from changing their electronic communications service provider shall be considered invalid.

(9) If a contract to provide a publicly available electronic communications service or a connection to a public communications network is concluded or changed using a remote communications system, the undertaking providing the publicly available electronic communications service or ensuring a connection to a public communications network shall provide the consumer with the information set out in Subsection 1 above immediately on conclusion of the contract or its changes, in electronic or in written form. The term enabling the consumer to withdraw from the contract or its changes concluded outside normal business premises62) or using a remote communications system63) begins on the day following the day on which such information was provided.

(10) An undertaking providing a publicly available electronic communications service or a public communications network shall inform the consumer in the manner the consumer elected for the bills to be sent, at the earliest three months and at the latest one month before the expiration of a contract containing arrangements for the automatic extension of the contract, of the options and method of terminating the contract.

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(11) A contract to provide a publicly available electronic communications service or a connection to a public communications network concluded with the consumer for a fixed term may be terminated under the conditions applied by an undertaking providing a publicly available electronic communications service or ensuring a connection to a public communications network in accordance with Subsection 1 (g) and (h) for a contract of indefinite duration and in accordance with Subsection 1 (p).

______________________________________

62) Section 57 of the Civil Code.63) Section 53 Subsection 7 of the Civil Code.

Section 64

Billing, Claims

(1) A subscriber who is the end user or the user of a publicly available electronic communications service must pay for the service provided the amount of the valid price at the time the service was provided.

(2) An undertaking providing a publicly available electronic communications service shall provide, free of charge, in the form pursuant to Subsection 5 below, as requested by a subscriber who is an end user or user, the following types of billing for services provided:

a) a bill itemised by the type of service, or

b) a summary bill, indicating one total item.

The prices billed do not contain items in respect of calls or other electronic communications services that the subscriber who is an end user does not pay for, including calls to number to access reversed charge services. No such bill is provided in the case of prepaid cards.

(3) If the undertaking referred in Subsection 2 above is a universal service provider with obligations set out in Section 38 Subsection 2 (g) point 3, it shall provide the consumer with a single bill, free of charge, in the form selected by the consumer.

(4) An undertaking, including a universal service provider, which submits a bill containing an itemised list of the individual calls, shall also provide, at the request of a subscriber who is an end user, for a consideration, a suitable alternative to such a bill, in order to provide increased protection of the subscriber’s privacy, for example by omitting part of the numbers called from the bill.

(5) On agreement with the subscriber who is an end user, or a user, the undertaking will submit a bill in a form other than electronic.

(6) An undertaking providing a publicly available electronic communications service shall indicate in the bill the billing period, which shall not be longer than 90 calendar days, and, in the case of a universal service provider, 35 calendar days, unless a different term is agreed with the subscriber who is and end user, and shall ensure that the bill is submitted so as to allow for its delivery to the subscriber within 15 days of the end of the billing period, this being done in the manner stipulated in the Act on Postal Services or in another manner, provided this other manner of delivery has been agreed with the subscriber who is an end user, or a user.

(7) A subscriber who is an end user, or a user, is entitled to file a claim in respect of the billed prices or in respect of the publicly available electronic communications service provided.

(8) A subscriber who is an end user, or a user, is entitled to file a claim in respect of the billed prices without undue delay, no later than two months after the date of delivery of the bill containing the price for the service provided, otherwise the entitlement to file a claim shall lapse. The filing of a

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claim does not have suspensory effect with respect to compliance with the obligation to settle the price billed, however the Office is entitled, in justified cases, at the request of this subscriber, or user, to decide that the filing of a claim does have suspensory effect. No remedy may be sought against such a decision.

(9) A subscriber who is an end user, or a user is entitled to file a complaint in respect of the service provided without undue delay, at the latest within two months of the date of the faulty service provided, otherwise the entitlement to file a complaint shall lapse.

(10) An undertaking providing a publicly available electronic communications service shall respond to the claim in respect of the price billed or the complaint in respect of the service provided without undue delay, no later than one month after the date of delivery of the claim. If the response to the claim involves consultation with a foreign operator, the undertaking shall respond to the claim no later than two months after the date of delivery of the claim. Delivery of the response to the claim must be made in a verifiable manner.

(11) Unless otherwise agreed between the Parties, an undertaking providing a publicly available electronic communications service shall, in the event the price billed for a service is to the detriment of the subscriber who is an end user, return to the subscriber the price difference, by the deadline set out in the general conditions for the service, and at the latest within one month of responding to the claim. Once these obligations are fulfilled and these user rights are satisfied, the undertaking providing the service is not obliged to compensate users for any damage they may suffer as a result of an interruption of service provision.

(12) If the service could only be use partially, or could not be used at all because of a technical or operating fault on the part of the undertaking providing the service, such an undertaking shall ensure that the fault is removed and that the price is reduced by an adequate amount, or after agreement with the subscriber who is an end user, to ensure that the service is provided in an alternative manner. An undertaking providing an electronic communications service is not obliged to compensate its users for any damage they may suffer as a result of the interruption of service or the faulty provision of service.

(13) The Office shall determine the scope of the price billing in accordance with Subsection 2 (a) in an implementing legal regulation.

Section 65

Non-payment or Late Payment of a Bill

(1) An undertaking providing a publicly available electronic communications service shall notify the subscriber in a demonstrable manner of the consequences of not paying telephone bills before starting to provide the service. The costs of notifying the subscriber in a demonstrable manner shall be borne by the undertaking providing the publicly available electronic communications service.

(2) If the subscriber fails to pay within the payment deadline set out in the bill for the service provided, the undertaking referred to in Subsection 1 above shall warn him/her in a demonstrable manner and shall set an alternative deadline for performance, not shorter than one week from the day on which the warning was delivered. After this alternative deadline has passed without payment, the undertaking may reduce the provision to the subscriber of the separately billed service concerned, by restricting active access to the service, with the exception of calls made to emergency numbers. The price for the demonstrable warning shall be cost-oriented.

(3) An undertaking referred to in Subsection 1 above may terminate the contractual relation with the subscriber or refuse to provide access to the electronic communications service for the subscriber if the latter has purposefully provided false personal or identification data or has continuously been in arrears with payments or has continuously failed to pay the price for services

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set out in the bill, provided it can demonstrate that the subscriber had been warned of the consequences. For the purposes of this provision, being continuously in arrears with payments means payment of at least two consecutive bills after the due date. For the purposes of this provision, continuously failing to pay means the existence of at least three unpaid bills.

Section 66

Information Services and Operator Services

(1) An undertaking that allocates telephone numbers to subscribers shall, if so requested by the person providing the publicly available directory enquiry services or providing subscriber directories, deliver to such a person or entity the available personal and identification data of a subscriber who has consented to the publication thereof, under the conditions laid down in Section 41 Subsection 3 (b), in the last sentence and to the extent specified in Section 41 Subsection 5. An undertaking referred to in the first sentence above shall inform subscribers of the purpose of the subscriber directory and of other possibilities of using the data contained in the search functions and in the electronic versions of the subscriber directories before requesting their consent to the publication of their personal and identification data. It shall deliver this data to the extent to which these subscribers consented to its publication in the agreed format and under equal and fair conditions and at prices that are cost-oriented and non-discriminatory. The submitting party shall always indicate in the data submitted whether the subscriber has requested not to be contacted for marketing purposes.

(2) An undertaking providing a public telephone network shall allow all end users of the public telephone network access to the operator services and to at least one directory enquiry service, which covers the telephone of subscribers to all undertakings providing a publicly available telephone service.

Section 67

Identification of Malicious or Annoying Calls

(1) An undertaking that provides a publicly available telephone service shall, if so requested by a subscriber, provide at that subscriber’s expense a service to identify a subscriber number from which malicious or annoying calls originated, retroactively for specific calls the subscriber has identified as malicious or annoying, but not later than two months from the date on which such calls were made.

(2) An undertaking that provides a publicly available telephone service shall, if so requested, provide an undertaking referred to in Subsection 1 above with data necessary to identify a subscriber number from which malicious or annoying calls originated, retroactively for specific calls the subscriber has identified as malicious or annoying, but not later than two months from the date on which such calls were made.

(3) The subscriber number identification service pursuant to Subsection 1 above means the provision of information about natural persons and legal entities referred to in Section 41 Subsection 5, even in cases where the subscriber has refused to allow publication of information in accordance with Section 41 Subsection 6.

Section 68

Widescreen Television Format Service

(1) An undertaking that provides a public communications network through which digital television services are distributed shall operate such a network in a manner allowing the distribution of widescreen television services and programmes. An undertaking providing a public communications network that receives widescreen television programmes and services and distributes them further shall maintain the widescreen format.

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(2) A widescreen television format service means a service which consists in total or in part of the provision of programmes produced and processed so as to be displayed in a full-height widescreen format; the format with a ratio of 16 : 9 is the reference format for widescreen television format services.

Section 69

An undertaking that provides a publicly available telephone service and, if technically possible, an undertaking ensuring access to a public communications network shall allow its subscribers, free of charge, to:

a) report faults through its network,

b) be informed through automatic announcement about changes to the subscriber numbers in its network,

c) make calls to emergency numbers.

Section 69a

(1) Without prejudice to the provisions of Section 38, the Office may, after completing public consultations pursuant to Section 130, impose conditions on undertakings providing a publicly available telephone service or ensuring access to a public communications network in the general authorisation relating to their obligation to provide end users with additional services in accordance with Section 38 and, if technically feasible and economically viable, a multi-frequency tone selection service and a display showing the telephone number of the calling party.

(2) The Office shall not impose an obligation to provide the services referred to in Subsection 1 above if it finds that these services are already provided.

Section 69b

Without prejudice to the provisions of Section 43, the Office may, after completing public consultations pursuant to Section 130, impose conditions on undertakings providing a publicly available electronic communications service in the general authorisation relating to their obligation to provide disabled persons access to publicly available electronic communications services that is equivalent to the access enjoyed by other end users, and to enable them the same option to choose between services as is available to other end users.

Section 70

Carrier Selection and Preselection

(1) In accordance with Section 51, the Office shall impose by decision an obligation on an undertaking with significant market power in the area of connecting subscriber to a public telephone network and its use at a fixed location to allow its subscribers access to the services of any interconnected undertaking providing a publicly available telephone service:

a) through the selection of the code of the relevant undertaking providing a publicly available telephone service during individual calls (carrier selection) and

b) through the permanent setting of the code of the undertaking providing a publicly available telephone service (carrier preselection), which can be overridden during individual calls by a selection as referred to in Clause (a) above.

(2) The Office is entitled, at the request of users, to decide, using the procedure referred to in Section 51, also to introduce the services referred to in Subsection 1 in other networks or in any other manner, taking into account the obligations and conditions set out in Section 84.

(3) The Office shall lay down a measure of general nature to determine the technical and organisational conditions for carrier selection and preselection and the principles for billing between

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undertakings in connection with carrier selection and preselection.

Section 71

Service Quality

(1) After consultations pursuant to Section 130, the Office is entitled to require that an undertaking ensuring a public communications network or providing a publicly available electronic communications service publish a summary of the current prices, quality and conditions of the publicly available electronic communications services it provides and measures adopted for the purpose of ensuring equal access for disabled users, in a form that enables end users to compare such data in a clear and simple manner. The undertaking referred to above shall publish this information in all its commercial facilities and also in a manner that allows for remote access. The undertaking shall provide such information to the Office before making it public, if the Office so requests.

(2) An undertaking providing a publicly available telephone service shall provide the Office on a continuous basis with the information referred to in Subsection 1 above for the purpose of its publication in accordance with Section 54 Subsection 2.

(3) The Office shall lay down a measure of general nature to determine the quality parameters of the services provided that are to be measured, as well as the content, form and manner of publishing information in accordance with Subsection 1 above and any procedures followed to assess quality.

(4) After consultations pursuant to Sections 130 and 131, the Office is entitled to impose requirements on an undertaking operating a public communications network to ensure a minimum quality of service.

Section 72

The Obligation to Distribute Designated Radio and Television Programmes and Services in the Public Interest

(1) The Office is entitled to issue a decision to impose an obligation to distribute designated radio or television programmes and to provide services associated therewith on an undertaking through whose public communications network a service is provided to distribute radio and television broadcasts, which is used by end users as the main means of reception of broadcasting.

(2) The Office may only impose the obligation referred to in Subsection 1 above on the basis of a special legal regulation11).

Section 72a

(1) A radio and television broadcast distribution service is provided on the basis of a written agreement concluded between the operator of the radio and television broadcasting service 11), 16) and an undertaking providing this electronic communications service.

(2) An undertaking providing a service to distribute radio and television broadcasts is required to negotiate the conclusion of an agreement pursuant to Subsection 1 above if this is requested by the operator of the radio and television broadcasting service.

(3) An undertaking providing a service to distribute radio and television broadcasts is required to conclude an agreement pursuant to Subsection 1 above provided the requirements of the operator of the radio and television broadcasting service are not in conflict with the draft agreement referred to in Section 72b, the corresponding technical parameters of its network, would not result in disturbing the integrity of its network, and the price requested is not lower than a cost-oriented price.

(4) If no agreement is concluded pursuant to Subsection 1 above, the Office is entitled on the

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basis of a request by either of the contractual Parties to decide the case. The provisions of Section 127 shall apply mutatis mutandis to the resolution of the dispute. The proposal by the Parties to resolve the dispute shall contain a draft agreement, with reference made to the areas under dispute.

(5) If a remedy is sought against a decision made on the basis of Subsection 4 above, the claim for remedy shall not have suspensory effect.

Section 72b

(1) If the subject-matter of the agreement referred to in Section 72a Subsection 1 above is to be the distribution of terrestrial digital television broadcasts, the undertaking providing a service to distribute radio and television broadcasts is required to draw up a draft agreement to provide these services, which, in addition to the particulars listed in Section 63 Subsection 3, must contain the general contractual conditions set out in Subsection 2 and publish them in all it its commercial premises, as well as in a manner that allows remote access. The agreement may only be concluded at the earliest one month after publication of the draft agreement. This provision applies mutatis mutandis to changes to the draft agreement.

(2) The general contractual conditions contain a price proposal divided into total prices and partial prices, a proposed price for the distribution of unit volumes of data stream and a proposed technical solution, containing information on:

a) the signal’s minimum and maximum population coverage,

b) signal availability, reliability and quality,

c) the minimum and maximum data stream available for a single television programme, including the possibility of statistical multiplexing,

d) the minimum and maximum data stream available for a single radio programme,

e) the expected territorial coverage,

f) the use of standard source coding,

g) the guard interval used,

h) conditions relating to the transfer of data from electronic programme guides (EPG) for transmission,

i) conditions regulating any division of the programme within the broadcast network,

j) the expected date of commencement of provision of the broadcast transmission service,

k) the timetable for developing the broadcast network, if it is not to be built in full,

l) conditions regulating the construction of additional transmitters for a single frequency broadcast network,

m) the size of the data stream reserved for other supplementary and information services,

n) the size of data stream reserved for service information and the needs of the network operator,

o) the parameters and directions of television signal transmission between the studios of the operator of the radio and television broadcasting service, or information on a contributory system, if such a service is offered.

Section 72c

An undertaking providing an electronic communications network for terrestrial digital television broadcasting and an undertaking providing a service to distribute radio and television broadcasts in this network shall provide to the Office information concerning free capacity in the

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electronic communications network datastream and the extent and structure of the datastream used always by 31 December of each calendar year to the end of the following calendar month and, when this information changes, within five days of the day on which the changes were made. The information referred to in the previous sentence shall be published by the undertaking in each of its commercial facilities and also in a manner that allows remote access. The Office shall publish this information in a manner that allows remote access.

Volume 2

Apparatus

Section 73

(1) For the purposes of this Act, apparatus shall be understood to mean equipment, which is radio equipment or telecommunications terminal equipment, or both.

(2) If a special legal regulation25), 26) lays down technical requirements for the apparatus (hereinafter referred to as “technical requirements”), such apparatus may not be commissioned and operated unless it meets such technical requirements.

(3) Radio equipment shall be understood to be a product or a major part thereof, capable of communication on the basis of the emission or reception of radio waves using the radio spectrum allocated for terrestrial or space radiocommunications.

(4) Telecommunications terminal equipment means a product or an important part thereof, which allows communication and which is intended to direct or indirect connection to the interface of a public communications network.

(5) Public pay phone means telecommunications terminal equipment which is a publicly accessible telephone device, where coins, payment cards or prepaid cards, including cards with dialling codes, are primarily used as a means of payment. This telecommunications terminal equipment may also be equipped to provide other services.

(6) An undertaking providing a public communications network shall make it possible to connect the telecommunications terminal equipment to a suitable interface, provided that such terminal equipment meets the technical requirements.

(7) An undertaking providing a public communications network shall publish in a manner allowing for remote access, and report to the Office the types of interfaces it offers for the connection of apparatus, and their technical specifications. The operator must fulfil these obligations at the latest one month before the public telecommunications services provided through these types of interface become available. The operator must notify the Office of any changes in the technical specifications and make them public in a manner allowing for remote access, at the latest three months before the date on which these changes are made.

(8) The technical specifications referred to in Subsection 7 above must be detailed enough so as to allow an apparatus to be built that is capable of utilising all the publicly available electronic communications services, which are provided via their respective interfaces. The technical specifications must contain all the information the manufacturers may need in order to be able to perform the necessary tests with respect to the technical requirements applicable to the apparatus.

(9) The Office shall maintain a list of all types of interfaces notified to it pursuant to Subsection 8 above and shall notify these types to the Commission.

Section 74

(1) The Office may decide to put out of operation any apparatus that fails to meet the technical requirements. The Office shall also publish the decision pursuant to Subsection 2 in a manner allowing remote access.

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(2) If the Office decides to put any apparatus out of operation, it must indicate in the justification whether its failure to comply with the technical requirements was due to:

a) incorrect application of the harmonised standards,

b) inconsistencies in the harmonised standards,

c) failure to meet the technical requirements.

The Office shall inform the Commission of any such decision, including the reasons that led to its decision. The Office shall publish any such initiative in a manner allowing remote access.

(3) The Office shall ask the authority responsible for supervising the release of the apparatus on the market27), to ban the launch of the radio equipment or to withdraw it from the market, if such equipment causes harmful interference to existing electronic communications services or if it could cause harmful interference with planned future electronic communications services in the frequency bands used on the territory of the Czech Republic.

(4) The Office may only restrict the commissioning of radio equipment in order to ensure reasonable utilisation of the radio spectrum, to prevent harmful interference or to protect public health. This shall not affect the provisions of Subsection 1 above nor the conditions specified in the authorisation for the provision of the respective electronic communications service.

(5) The Office may permit an undertaking providing a public communications network, if the undertaking so requests, to refuse to connect, or to cut off, or put out of operation, any apparatus damaging the network, or causing harmful interference, or adversely affecting the network’s functionality, even though such a device meets the technical requirements. The Office shall report any such permission to the Commission and at the same time shall publish it in a manner allowing remote access.

(6) In extraordinary circumstances, an undertaking providing a public communications network may disconnect a device if the disconnection is necessary to protect the network and if it immediately offers a free alternative solution to the user. An undertaking providing a public communications network shall immediately notify the Office to that effect. The Office shall publish information on every such notification in a manner allowing remote access.

Section 75

(1) If technically feasible, an undertaking providing publicly available telephone services through a public mobile telephone network shall, upon written request by the Police of the Czech Republic and at the Police’s expense, for purposes of criminal procedure, disable the operation of a terminal mobile telecommunications device (mobile handset) within the public mobile telephone network for the required period of time, which shall not be longer than the time of the permitted tapping, which enables the encryption, coding or any other type of concealment by the subscriber of a message being transmitted.

(2) The request referred to in Subsection 1 above shall bear the reference number under which the court decision consenting to the disabling of the operation of terminal mobile telecommunications equipment is filed with the Police of the Czech Republic, and must be signed by a responsible person.

(3) Notwithstanding the provisions of Subsections 1 and 2 above, if it is technically feasible and economically reasonable, an undertaking providing publicly available telephone services through a public mobile telephone network shall, upon written request of the Police of the Czech Republic, make is impossible to operate stolen terminal mobile telecommunications equipment (mobile handset) within the public mobile telephone network. This is not to the prejudice of the subscriber’s right to request the undertaking providing the publicly available telephone through a public mobile telephone network to block the subscriber identification card (SIM card).

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(4) The request referred to in Subsection 3 above shall be accompanied by a protocol of the Police of the Czech Republic in respect of the notification of theft and by the consent of the owner of the stolen equipment to the blocking of the operation of that equipment in the public mobile telephone network.

(5) The requests referred to in Subsections 1 and 3 may be sent via a data box or also electronically, if signed by a guaranteed electronic signature in accordance with a special legal regulation28).

Volume 3

Leased Lines

Section 76

(1) Leased lines means an electronic communications service consisting of the leasing of transmission capacity between the termination points of electronic communications networks.

(2) The person providing the leased lines service shall restrict access to the leased line service if there is a threat to network security, network integrity, cooperation between the services and data protection. Such a person shall notify the Office without delay of any restriction of access to the service.

Section 77

repealed

Volume 4

Interconnection of Electronic Communications Networks and Associated Facilities and Access Thereto

Section 78

(1) Access means making the facilities or services available to another undertaking on an exclusive or non-exclusive basis according to specified conditions for the purposes of the provision of electronic communications services, including cases where they are used for the delivery of information society services or to transfer content. Access shall be understood to mean, in particular:

a) access to network elements and associated facilities, which may include connection of the devices via fixed facilities or facilities other than fixed; this may include, without limitation, making accessible the local loop and facilities as well as the services needed for the provision of services through the local loop,

b) access to the physical infrastructure, including buildings, masts and cable line devices,

c) access to the appropriate software systems, including operation support systems,

d) access to number transfer or to systems offering a similar function,

e) access to fixed and mobile networks, including, but not limited to those for roaming,

f) access to the conditional access system,

g) access to virtual network services,

h) interconnection of public communications networks,

i) access to information systems or databases for ordering, requests for maintenance, repairs and billing.

(2) Interconnection means the physical and logical linking of public communications networks, the purpose being to enable one undertaking’s users to communicate with users under the same undertaking or any other undertaking, or to enable access to the services provided by another

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undertaking. Services may be provided by the undertakings whose networks are interconnected, or by other undertakings which have access to the network and meet the requirements under this Act.

(3) Interconnection is a specific type of access implemented between public communications networks where the access point is the point of interconnection between these networks. Interconnection may be either direct or indirect. Indirect interconnection means interconnection of two public communications networks through the public communications network of a third undertaking providing a public communications network.

(4) Local loop means a physical line connecting the network termination point with the main distribution frame or similar equipment in the public fixed telephone network.

Section 79

(1) An undertaking providing a public communications network is entitled - or obliged, if so requested by another undertaking which notified its business activities in accordance with Section 13 – to negotiate mutual access for the purpose of the provision of publicly available electronic communications services so as to ensure service provision and interoperability on the territory of the Member States.

(2) Without prejudice to the obligations imposed by, or on the basis of, this Act on undertakings with significant market power, the Office is entitled, after consultations in accordance with Sections 130 and 131 to issue a decision to impose:

a) on an undertaking which controls access to end users: obligations, including obligations to enable access to means or services pursuant to Section 78, to ensure termination point-to-termination point connections, including in justified cases the interconnection of networks, within a period of time determined by the Office,

b) on an operator: obligations to provide access to application programme interfaces (APIs) or electronic programme guides (EPGs) under equitable, fair, reasonable and non-discriminating conditions,

c) on an undertaking which controls access to end users: in justified cases and only to the extent necessary, an obligation to ensure interoperability of the services it provides.

(3) If a remedy is sought against a decision made on the basis of Subsection 2 (a) above, the claim for remedy shall not have a suspensory effect.

Section 80

(1) Access is provided on the basis of a written contract concluded between an operator and an undertaking providing a publicly accessible electronic communications service. Network interconnection is provided on the basis of a written contract concluded between operators.

(2) Subsections 4 to 7 shall apply mutatis mutandis to amendments and additions to a contract for access or a contract for interconnection.

(3) The minimum requirements that have to be included in a draft access contract or network interconnection contract are set out in an implementing legal regulation.

(4) An undertaking referred to in Subsection 1 above, which has requested the conclusion of an access contract or network interconnection contract is required, within at the latest ten days from the date on which the contract was concluded, to submit to the Office the full text, including attachments.

(5) If the undertaking addressed pursuant to Subsection 1 above decides to reject an access contract or a network interconnection contract, it shall immediately inform the rejected undertaking in writing and also specify the concrete reasons for its rejection, in particular:

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a) technical reasons,

b) economic reasons,

c) organisational reasons, or

d) other reasons, which have influenced its decision to reject the proposed solution.

At the same time, the rejecting undertaking pursuant to Subsection 1 above shall send this information to the Office.

(6) On its own initiative, the Office will enter into the negotiations between the undertakings on the access contract or the network interconnection contract if this is necessary to meet the regulatory objectives set out in Section, or at the request of any of the Parties involved. The Office shall issue a statement on the disputed parts of the draft contract or the reasons for rejection pursuant to Subsection 5, and shall inform the contractual Parties thereof.

(7) If a written access contract or network interconnection contract is not concluded within two months of the date of commencement of negotiations on the draft contract, the Office shall decide, on the basis of a proposal submitted by any of the Parties, on the dispute by the procedure described in Section 127. A draft contract with a specification of the disputed parts must be included in the proposal by the Party to decide on the dispute. The date of commencement of negotiations means the day on which one Party demonstrably submitted the draft contract to the other Party.

Section 81

(1) The Office is entitled to make a decision in accordance with Section 51 to impose on an undertaking with significant market power in the relevant market an obligation to apply equitable conditions to the provision of access or interconnection to other undertakings, which themselves provide services of equal worth in equitable circumstances, and to provide services and information to those undertakings under the same conditions and at the same quality level as it does in respect of its services, its own organisation units, or its subsidiaries or partners, or within an association of underatakings30).

(2) An undertaking shall only use the information provided from another undertaking before, during or after the signature of the access contract or network interconnection contract for the purpose for which such information was provided to it. In handling the information so obtained or stored, the undertaking may not disclose such information to its unauthorised departments, subsidiaries, partners or shareholders, nor any other undertakings to whom such information might give a competitive advantage. This shall not be to the prejudice of the obligation to provide information to the Office in accordance with Section 115.

Section 82

(1) The Office is entitled to make a decision in accordance with Section 51 to impose on an undertaking with significant market power in the relevant market the obligation to publish – to the extent necessary – information about access to the electronic communications network or about the interconnection of such networks, including accounting information, contractual conditions, technical specifications, network characteristics, including conditions for restricting access to services and applications or their use, and prices.

(2) The Office is entitled to make a decision in accordance with Section 51 to impose on an undertaking with significant market power in the relevant market an obligation to publish a reference offer for access or interconnection, including a description of the individual offers itemised by market needs and the associated contractual conditions, and also including prices. Such an undertaking may not require, in the reference access or interconnection offer, that the undertakings requesting access should make any payments for the facilities and operating and technical services that are not essential for the service requested. This is not to the prejudice of the obligation to

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publish the reference offer according to Section 85 Subsection 1.

(3) The Office is entitled to decide on a change in the reference offer for access or interconnection if such an offer fails to lead to consistent fulfilment of the obligations set out in this Act.

(4) The Office shall adopt a measure of general nature to determine the extent, form and mode of publishing the information referred to in Subsection 1 above and the details of the reference offer referred to in Subsection 2, including the extent and form thereof.

Section 83

Conditions of Access to Digital Television and Radio Broadcasting Services

(1) Application programme interface (“API”) means the interface between broadcasting operators’ or digital interactive television service providers’ applications and the digital television equipment.

(2) Digital television equipment means accessory equipment designed for connection to the television receiver or such equipment integrated inside the digital television receiver, which allows the reception of digital radio or television broadcasting and the use of digital interactive television services.

(3) Conditional access system (hereinafter referred to as the “gateway”) means any technical equipment or measure designed to ensure that access to protected radio or television broadcasting is provided in a comprehensible form. Such access is conditional on subscription or on any other form of prior individual authorisation.

(4) The only type of gateway that may be used is one that technically ensures effective transfer of management functions irrespective of the broadcasting transmission facilities, which functions make it possible for the undertakings providing the transmission of digital broadcasting signals at the local or regional level to provide overall management of the services that use the gateway.

(5) Independently of the broadcasting transmission facilities, the undertakings providing a service to disseminate protected content, on whose services the digital radio and television broadcasters depend, in terms of covering all potential audience groups, shall offer to those broadcasters on a fair, reasonable and non-discriminatory basis, the services that make it possible for the viewers or listeners authorised to receive the digitally transmitted services from those broadcasters through a gateway, which is administered by digital audio and television broadcasters.

(6) If the Office finds, having performed an analysis of the relevant market, that no entity has significant market power in the area of the digital broadcasting service to end users, it may – irrespective of the provisions of Subsections 4 and 5 above – change or cancel the obligations of the undertakings providing the dissemination services, but may only do so to the extent to which such a change or cancellation:

a) does not adversely affect end users’ access to digital broadcasting and to the programme channels and services specified in accordance with Section 72,

b) does not entail a future threat to effective competition on the digital television and radio broadcasting markets for end users or on the markets of conditional access systems and other associated facilities.

The Office must ensure that the entities to be affected by the change or cancellation of the above obligations are notified to that effect sufficiently in advance.

(7) The Office is entitled to impose on the owners of application programme interfaces (API), for the purposes of providing digital interactive television services to end users, including disabled

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people, under equitable, fair, reasonable and non-discriminating conditions, the obligation to provide radio and television broadcasters with any information as may be needed for the provision of all the API-supported services in a fully functional manner. These owners are entitled to reimbursement for the costs efficiently and demonstrably incurred in the provision of this information.

(8) An undertaking providing a service for the transmission of digital radio and television broadcasts shall ensure in its network a service for the transmission of services directly related to the programme11). The Office shall lay down conditions for producing the electronic programme guide in a general authorisation pursuant to Section 10. The conditions applied by the Office under this provision have no bearing whatsoever on the obligations determined by the Radio and Television Broadcasting Council in terms of the method of presentation of the electronic programme guide and similar review and guiding facilities within the framework of content regulation.

(9) The holder of an individual authorisation to use radio frequencies for terrestrial digital radio and television broadcasting is required:

a) to enable the broadcasting of radio and television programmes, where the Office shall stipulate their minimum number, technical quality and other conditions pursuant to Section 22 in the allocation of radio frequencies,

b) to ensure the provision of electronic programme guide services, which is distributed as part of the overall datastream and must contain information concerning all radio and television programmes contained in that datastream,

c) to use the allocated radio frequencies in such a way that no more than 20% of the transmission capacity of the electronic communications network is used for the dissemination of information society services.

Section 84

Access to Facilities and Capacity Sharing

(1) The Office is entitled in accordance with Section 51 to take a decision to impose on an undertaking with significant market power in the relevant market, which provides a public communications network, an obligation to meet the reasonable requirements of another undertaking for the use of, and access to, its specific network elements and associated facilities for the purpose of achieving a stable competitive environment in the relevant market in the interests of the end users and consumers.

(2) The Office is entitled to issue a decision in accordance with Section 1 above to impose, in particular, the obligations to:

a) grant access to specified network elements or facilities, including access to inactive network elements, or local loop unbundling, with the aim, among others, of enabling carrier selection or preselection and to offer resale of local loops,

b) not to cancel access to facilities that have already been made available, provided the undertaking using the access fulfils its obligations arising from the access contract concluded,

c) provide specified service for resale by third parties,

d) provide free access to technical interfaces, protocols or other key technologies essential for service interoperability or for virtual network services,

e) provide co-location or any other form of sharing allocated facilities,

f) provide the specified services needed to ensure service interoperability between the termination points (end-to-end service) for users; including facilities for the services of intelligent networks or roaming in public communications networks,

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g) provide access to operating support systems or similar software systems essential for ensuring fair competition in service provision,

h) interconnect networks or network facilities,

i) provide access to dedicated services.

The Office is also entitled to specify in its decision to impose an access obligation the technical or operating conditions for these obligations to ensure normal network operations based on the principles of fairness, proportionality and timeliness.

(3) An undertaking, on which an obligation was imposed in accordance with Subsection 2 above, is required to publish a reference offer. The Office shall lay down the particulars and terms and conditions to be included in the reference offer in a measure of general nature.

(4) After consultations pursuant to Section 130, the Office is entitled to decide, at the request of an undertaking that notified its business activities under Section 13, to impose an obligation on an undertaking providing a public communications network, which uses property belong to third-parties in accordance with Section 104, to share its allocated facilities or its property, through which the third-party property is used, or an obligation to adopt measures to coordinate work in the public interest. The Office is entitled to impose this obligation if these facilities cannot be established independently for reasons of environmental protection, public health, public security or in order to meet territorial planning objectives. Within the framework of the public consultations pursuant to Section 130, the Office shall also address the owners of the property affected. In the decision to impose an obligation, the Office shall stipulate, in addition to the technical specifications, the method of sharing or coordination, rules for apportioning the costs for sharing the allocated facilities and property, unless the undertakings referred to in the first sentence above agree between themselves. If there is more than one applicant, the Office shall decide on the basis of the order in which the applications were received.

(5) After consultations pursuant to Section 130, the Office is entitled to decide to impose an obligation to share cable distribution in buildings, or after the first collector or distribution point if it is located outside the building, in cases where the duplication of the cable system would be economically inefficient or physically impracticable. Within the framework of the public consultations pursuant to Section 130, the Office shall also address the owners of the property affected. At the request of an undertaking that notified its business activities under Section 13, this obligation may be imposed on an undertaking providing a public communications network, which uses third-party property pursuant to Section 104, or the owner of cable distribution. In the decision to impose an obligation, the Office shall stipulate, in addition to the technical specifications, the method of sharing, unless the persons referred to in the third sentence above agree among themselves, as well as rules for apportioning the costs for sharing, including the costs of the capital investment, given the risks posed by this sharing.

(6) In imposing the obligations under Sections 2 to 5, the Office shall take into account, in particular:

a) the technical and economic life expectancy of the use or installation of the competitive equipment on the basis of market developments, taking into account the nature and type of access or connection concerned, including the possibility of using other access services provided at a higher level of the distribution chain,

b) the feasibility of the provision of the proposed access in terms of available capacity levels,

c) protection of initial capital expenditures of the owner of the equipment, taking account of funding from public budgets and the risks arising from the initial capital expenditures of the owner and maintenance costs incurred by the owner of the equipment,

d) the need for long-term protection of a competitive environment, focussing on effective

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economic competition in the area of networks and infrastructure,

e) intellectual property rights,

f) the provision of pan-European services,

g) protection for owners of property involved,

h) whether, in the event a decision is taken to impose an obligation to share allocated facilities pursuant to Subsection 4 above in order to meet the undertaking’s territorial planning objectives, the proposal for which provides the basis of the decision, the due process of negotiations with the owner of the allocated facilities has already been completed as at the date of submission of the proposal and the undertaking has demonstrated that it has exhausted all technical and other possible solutions to build its own, independent, allocated facilities.

(7) An undertaking with significant market power in the relevant market, on which the Office has imposed an obligation specified in Subsection 2, may refuse a draft contract for access or a draft contract for interconnection during negotiations about such a draft, if the proposed access or interconnection does not meet the technical parameters or if it would affect the integrity of the network.

(8) In the event an undertaking refuses a draft contract for access or interconnection in accordance with Subsection 7, such an undertaking shall – no later than 15 days after receipt of such a draft – request the consent of the Office to the refusal of the contract and shall indicate the reasons for its refusal. If the Office fails to issue its decision on consent within 15 working days of receipt of the request for consent, it shall hold that the Office agrees with the refusal of the contract.

Section 85

Metallic Local Loop Unbundling

(1) An operator with significant market power in the relevant market which provides a public communications network and on which an obligation to unbundle its metallic local loop was imposed, must public a reference offer for metallic local loop unbundling.

(2) The local sub-loop means the segment of the metallic local loop connecting the network termination with the connection point or with a specified intermediate access point in the fixed public communications network.

(3) Metallic local loop unbundling means that the metallic local loop is made fully accessible or that shared access to the metallic local loop is provided.

(4) Full metallic local loop unbundling means the provision of access to the metallic local loop or local sub-loop, with authorisation to use the full capacity of the network infrastructure.

(5) Shared access to the metallic local loop means the provision of access to the metallic local loop or local sub-loop, with authorisation to use a specified part of the capacity of the network infrastructure, such as part of the frequency band or its equivalent.

(6) The Office shall stipulate the particulars and terms and conditions that must be indicated in the reference offer for metallic local loop unbundling in a measure of general nature31).

Volume 5

Separate Accounting for Costs and Revenues

Section 86

(1) Any universal service provider and any entity on which price regulation was imposed in the market for end users shall maintain separate costs and revenues accounting.

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(2) The Office is entitled in accordance with Section 51 to impose an obligation to maintain separate cost and revenue accounting on an entity:

a) providing access or interconnection, which entity was designated by the Office, following the procedure specified in Section 51, as an undertaking with significant market power in the relevant market; the Office shall decide as to what interconnection-related or access-related activities the obligation to maintain separate cost and revenue records shall apply, or

b) an undertaking as referred to in Section 83 Subsection 5.

The Office is also entitled to impose an obligation to keep separate cost and revenue records on an entity referred to in Clause (a) on the related retail markets.

(3) For purposes of maintaining separate records of costs and revenue, the Office shall adopt a measure of general nature to determine the service cost and revenue itemisation and allocation methods, and shall define the structure of the information to be disclosed.

(4) The entity referred to in Subsections 1 and 2 above shall submit to an independent qualified entity the results of separate cost and revenue accounting for audit as to compliance with the methods referred to in the measure adopted in accordance with Subsection 3 above, and shall do so within one month of publishing its financial statements32) and shall publish the results of the audit.

(5) The Office is entitled to make a decision to impose on an entity referred to in Subsections 1 and 2 the obligation to submit documents supporting the calculation of the prices it charges for communications activities to other undertakings that are not their end users, and the calculation of its intra-company prices, all based on separate cost and revenue accounting, in order to ensure non-discrimination and to prevent unjustified cross financing.

(6) The entity referred to in Subsection 1 shall provide the Office, at the Office’s request within the period determined by the Office, with evidence supporting the calculation of the prices it charges to its end users, based on separate cost and revenue accounting.

(7) An entity referred to in Subsections 1 and 2 shall submit to the Office, at the Office’s request within the period determined by the Office, the annual results of the separate cost and revenue accounting as well as accounting information about revenues received from third parties. The Office may publish such information in accordance with a special legal regulation33) and with European Union rules on trade secrets.

(8) An undertaking providing a public communications network or a publicly available electronic communications service, which possesses special or exclusive rights in respect of the provision of services in other industries in the Czech Republic or in another European Union Member States, shall:

a) maintain separate cost and revenue accounting, including itemisation of depreciated assets in respect of the activities relating to the provision of those networks or those electronic communications services, in such a manner, in such detail and with the use of such a system of cost and revenue allocation, as are required from the undertakings referred to in Subsections 1 and 2, or

b) provide structural separation of the activities associated with the provision of those networks or those electronic communications services.

This obligation does not apply to an undertaking whose annual turnover in the activities associated with the provision of networks or publicly available electronic communications services is lower than the equivalent of EUR 50,000,000, expressed in CZK.

(9) Any entity providing a public communications network or a publicly available electronic communications service to which the provisions of the special legal regulation33) do not apply and

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which is not a small or medium enterprise according to the criteria specified in the accounting rules based on European Union legislation, shall prepare its own financial report, to submit it for auditing to an independent qualified entity specified by the Office and to publish it. This requirement also applies to the separate accounting required on the basis of Subsection 8 (a).

Volume 6

Functional and Voluntary Separation

Section 86a

Functional separation

(1) In a vertically integrated undertaking, functional separation means the separation or transfer of activities related to the wholesale provision or access services to a separate business unit, which is operated independently, without any change in the ownership structure of the vertically integrated undertaking.

(2) For the purposes of this Act, a separate business unit means part of an undertaking which, in terms of the organisation, decision-making and accounting of its activities is separate from the vertically integrated undertaking.

(3) A separate business unit must provide access services and electronic communications services specified by the Office, to all undertakings, including economic units within the vertically integrated undertaking, within the same time periods and under the same contractual terms and conditions, including conditions relating to price levels and the services provided, and using the same systems and processes.

(4) The Office may only impose an obligation for functional separation when the application has received prior approval from the Commission. This application shall contain:

a) evidence justifying the conclusions of the Office pursuant to Section 51 Subsection 7,

b) a reasoned assessment, which shows that it is unlikely that effective and lasting competition will be achieved in the field of electronic communications networks and associated facilities within a reasonable timeframe,

c) an analysis of the expected impact of the imposition of this obligation on the electronic communications sector, particularly in terms of social and territorial cohesion and also the impact on an undertaking with significant market power and other affected entities, the employees of the separate business unit, the motivation of undertakings to invest in the electronic communications sector, economic competition, consumers and the Office, and

d) an analysis showing that the imposition of this obligation is the most efficient possible remedial measure to resolve issues relating to competition.

(5) The draft decision on the imposition of functional separation, which shall be submitted to the Commission for approval, shall contain:

a) a detailed description and the level of separation, including, in particular, the legal status of the separate economic unit,

b) identification of the assets of the separate business unit and of the products or services such a unit will provide,

c) rules for the management of the separate economic unit, which ensure the independence of its employees from the management of the vertically integrated undertaking on which the obligation of functional separation was imposed, and a corresponding incentive structure,

d) rules for ensuring the fulfilment of the obligations imposed,

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e) rules for ensuring transparency of operational procedures, particularly in relation to other undertakings concerned, and

f) a programme to monitor compliance with the obligations imposed, including the publication of an annual report.

(6) After the Commission approves the application and the draft decision, the Office shall, in a coordinated manner, carry out analyses of all markets related to the access network. On the basis of the results of these analyses, the Office shall decide whether to impose, maintain, change or cancel obligations pursuant to Section 51 on these markets.

(7) An undertaking, on which an obligation for functional separation has been imposed, may also be subject to any of the obligations set out in Section 51 on any specific market in which it is designated an undertaking with significant market power, or any other obligation whose imposition has been approved by the Commission.

Section 86b

Voluntary Separation and Transfer of Access Networks

(1) In the event an undertaking with significant market power in one or more relevant markets decides:

a) to transfer its assets, which form an access network, or a substantial part thereof on another legal entity, with which it is not linked in terms of its legal form, organisation and decision-making, or

b) to carry out a voluntary separation,

it shall inform the Office in advance and in a timely manner to enable it to assess the impact of the intended process. The undertaking shall also inform the Office of any change to this intention, as well as of the final result of the process referred to in Clause (b).

(2) The Office shall subsequently, in a coordinated manner, carry out analyses of all relevant markets related to the access network and, on the basis of its assessment, decide to impose, maintain, change or cancel obligations imposed pursuant to Section 51.

(3) A legally or operationally separate entity may be subject to any of the obligations set out in Section 51 on any specific market in which it is designated an undertaking with significant market power, or any other obligation whose imposition has been approved by the Commission.

TITLE V

Protection of Electronic Communications Data, Services and Networks

Volume 1

Protection of Personal Traffic and Location Data and the Confidentiality of Communications

Section 87

(1) The rights and obligations relating to personal data protection, not regulated in this Volume, shall be governed by a special legal regulation34).

(2) For the purposes of this Volume, consent based on a special legal regulation35) shall also be understood to mean consent granted by electronic means, including, but not limited to, the completion of an electronic form on the Internet.

(3) Supervision over compliance with obligations while processing personal data according to this Act shall be provided by the Office for Personal Data Protection in accordance with a special legal regulation34).

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Section 88

Securing the Protection of Personal, Traffic and Location Data and the Confidentiality of Communications

(1) An undertaking providing a publicly available electronic communications service is obliged to:

a) take technical and organisational measures to safeguard the security of the service in respect of the protection of natural persons’ personal information in accordance with a special legal regulation, protection of traffic and location data, and confidentiality of the communications of natural persons and legal entities in providing the service; if necessary, the provider concerned shall, upon written agreement, also cooperate with the undertaking providing the communications network to provide protection,

b) prepare internal technical and organisational regulations to provide data protection and communications confidentiality in accordance with Clause (a) above; secure data protection and communications confidentiality with respect to the existing technical capabilities and the costs needed to provide protection at a level adequate to the risks of compromising the protection,

c) inform the subscribers concerned about the specific risk of the disturbance of network security in relation to data protection in accordance with Clause (a) above, and if the risk is beyond the scope of the measures taken by the undertaking, it shall also inform the subscribers about all the possible ways of remedying the situation, including the costs associated therewith,

d) establish internal procedures for handling requests for access to users’ personal data; at the request of the Office for Personal Data Protection, undertakings providing a publicly available electronic communications service shall provide it with information about these procedures, the number of applications received, the legal justification of such requests and their responses.

(2) An undertaking providing a publicly available electronic communications service shall submit to the Office, if the Office so requests, the regulations referred to in Subsection 1 (c). If the Office finds that those regulations are in contradiction with this Act, the Office shall immediately notify the undertaking to that effect and shall grant the undertaking a reasonable period of time to remove any deficiencies.

(3) The Office is entitled, having requested the submission of the regulations referred to in Subsection 1 (b), to inspect how the undertakings providing a publicly available electronic communications service comply with those regulations, with the exception of inspections of compliance with obligations relating to the protection of personal data.

(4) In the event of a breach of protection of the personal data of a natural person, the undertaking providing a publicly available electronic communications service shall notify this fact to the Office for Personal Data Protection without undue delay. Such a notification shall contain a description of the consequences of the breach of protection and the technical protection measures the undertaking has adopted, or proposes adopting.

(5) In the event of a breach of protection of the personal data of a user pursuant to Subsection 4 might have a particularly serious impact on the privacy of a natural person, or if an undertaking providing a publicly available electronic communications service failed to take measures to remedy this situation and which would have been sufficient to protect the personal data at risk, in accordance with an assessment by the Office for Personal Data Protection, it shall also notify this fact to the individual concerned and to the Office for Personal Data Protection. In this notification, the

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undertaking shall indicate the nature of the breach of personal data protection, recommendations for the implementation of interventions to mitigate the impact of the breach of personal data protection and the contact information location.

(6) The Office for Personal Data Protection is entitled, after investigating the situation resulting from the breach of protection pursuant to Subsection 4 above, to impose an obligation on an undertaking providing a publicly available electronic communications service to inform the individual concerned of the breach of personal data protection, if it has not already done so.

(7) An undertaking providing a publicly available electronic communications service shall maintain, only for the purposes of reviewing compliance with obligations pursuant to Subsections 4 and 5, a list of breaches of personal data protection, including information on the circumstances of the breach, its impacts and measures adopted to remedy the situation. An implementing legal regulation may lay down more detailed conditions under which the undertaking providing a publicly available electronic communications service is required to notify any breach of personal data protection, the format of such a notification and the manner in which the notification is to be made.

Section 88a

(1) A legal entity or a natural person providing a public communications network or a publicly available electronic communications service shall ensure that the traffic and location data stored in accordance with Section 97 Subsection 3 are of the same quality and subject to the same security and protection against unauthorised access, alteration, destruction, loss or theft or other unauthorised processing or use, as the information referred to in Section 88; this does not affect the obligations set out in a special legal regulation34).

(2) A legal entity or a natural person providing a public communications network or a publicly available electronic communications service shall draft internal technical and organisational rules to ensure data protection in accordance with Subsection 1; it shall provide data protection with regard to the existing technical possibilities and to the costs required to provide protection at a level appropriate to the risk of breach of protection. The provisions of Section 88 Subsections 2 to 7 shall apply mutatis mutandis to data protection under this provision

Section 89

Confidentiality of Communication

(1) Undertakings providing a public communications network or a publicly available electronic communications service shall implement technical and organisational measures to safeguard the confidentiality of the messages and the related traffic and location data, which are transmitted via their public communications network and the publicly available electronic communications services. In particular, such undertakings shall not admit any tapping, message storage, or any other types of interception or monitoring of messages, including the data contained therein and related thereto, by any persons other than the users, without the consent of the users concerned, unless otherwise provided in an Act36). This shall not be to the prejudice of the technical storage of data as needed for message transmission without affecting the confidentiality principle.

(2) A message means any information being exchanged or transmitted between a finite number of subscribers or users via the publicly available electronic communications service, except for the information transmitted as part of the public radio or television broadcasting service via the electronic communications network, unless it can be allocated to an identifiable subscriber or user receiving that information.

(3) Anybody wishing to use, or using, the electronic communications network for the storage of data or for gaining access to the data stored in the subscribers’ or users’ terminal equipment shall inform those subscribers or users beforehand in a provable manner about the extent and purpose of processing such data and shall offer them the option to refuse such processing. This obligation does

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not apply to activities relating to technical storage or access and serving exclusively for the purposes of performing or facilitating message transmission via the electronic communications network, nor does it apply to cases where such technical storage or access activities are needed for the provision of an information society service explicitly requested by the subscriber or user.

Section 90

Traffic Data

(1) Traffic data mean any data processed for the purposes of the transmission of a message via the electronic communications network or for the billing thereof.

(2) An undertaking providing a public communications network or a publicly available electronic communications service who processes and stores traffic data, including the appropriate location data relating to a user or subscriber, shall erase such data, or render them anonymous, once they are no longer needed for message transmission, except as provided in Subsections 3 to 6. The obligation of the legal entity or natural person providing a public communications network or a publicly available electronic communications service to maintain traffic and location data in accordance with Section 97 shall remain unaffected.

(3) An undertaking providing a public communications network or publicly available electronic communications service shall store traffic data for services provided to a subscriber or user until such time as a dispute pursuant to Section 129 Subsection 3 has been resolved, or until the end of the period during which the prices may be billed or the provision of an electronic communications service may be legally challenged or settlement recovered.

(4) An undertaking providing a public communications network or a publicly available electronic communications service may process the traffic data essential for the billing of the service provided to a subscriber or user for access, to the end of the period during which payment may be recovered.

(5) Undertakings providing a public communications network or a publicly available electronic communications service may provide each other with data related to the provision of the service, including, but not limited to, data about the subscribers being connected, in order to ensure interconnection and access to the network, mutual billing, and identification of any abuse of the electronic communications network and services. Abuse of electronic communications networks and services means consistent late payment of bills in accordance with Section 64, or the making of malicious or annoying calls.

(6) For the purposes of marketing the electronic communications services, or for the provision of value-added services, the undertaking providing a publicly available electronic communications service may only process the data referred to in Subsection 1 above to the extend and for the period needed for such services or such marketing, provided the subscriber or user to whom the data relate have given their consent thereto. The subscriber or user may withdraw their consent to the processing of traffic data at any time.

(7) A value-added service means any service for which it is necessary to process traffic data – or location data other than traffic – beyond what is needed for the transmission of a message or for the billing thereof.

(8) The undertaking providing a publicly available communications service shall inform the concerned subscriber or user about the traffic data being processed and about the time for which such data may be processed for the purposes referred to in Subsections 3 to 5. For the purposes referred to in Subsection 6, the undertaking shall so inform the subscriber or user to whom the data apply before obtaining the consent of such a subscriber or user.

(9) An undertaking providing a public communications network and an undertaking providing a publicly available electronic communications service shall ensure that the traffic data processing, in

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accordance with Subsections 2 to 6 is restricted to:

a) the persons who were authorised to that effect by the undertaking and who are responsible for the billing or operations management, customer inquiries, fraud identification, electronic communications services marketing, or who provide value-added services, and

b) the extent essential for the activities referred to in Clause (a) above.

Section 91

Location Data

(1) Location data means any data that are processed within the electronic communications network and that define the geographical location of the terminal equipment of a user of a publicly available electronic communications service.

(2) If an undertaking providing a public communications network or publicly available electronic communications service performs the processing of location data other than traffic data, which have a bearing on a user or subscriber, such an undertaking shall render this data anonymous or obtain the user’s or subscriber’s consent to the processing of such data to the extent and for the period as needed for the provision of value-added services. Before gaining such consent, the undertaking shall inform the user or subscriber concerned about the type of location data to be processed other than traffic data, about the purpose and length of the processing and of whether the data are to be made available to a third party for the provision of value-added services. The user and subscriber may withdraw his/her consent to the data processing at any time.

(3) If the user or subscriber gave his/her consent to the processing of location data other than traffic data, the undertaking providing a public communications network or a publicly available electronic communications service shall offer the user or subscriber the operation of temporarily refusing the processing of the data in accordance with Subsection 2 above for every connection to the network of for every message transfer. Such an option shall be provided free of charge and only entail simple processes.

(4) An undertaking providing a public communications network, an undertaking providing a publicly available electronic communications service and an undertaking providing value-added services shall ensure that the data referred to in Subsections 2 and 3 are only processed by persons duly authorised and entitled to that effect by internal technical and organisational regulations within the meaning of Section 88 Subsection 1 (b); the processing must be restricted to the extent essential for the needs of such activities.

Section 92

Display of Incoming Call Number

(1) An undertaking providing a publicly available telephone service is obliged, in the event that the opportunity is offered, to display the subscriber number:

a) of the calling subscriber, to offer the calling subscriber the possibility free of charge to prevent the display of his/her subscriber number for each individual call, using simple means. The calling subscriber shall have this option for each subscriber number,

b) of the calling subscriber, to offer the called subscriber the possibility of preventing the display of the calling subscriber number for incoming calls, using simple means and providing this function free of charge in justified cases, such justified cases being, without limitation, workstations from which personal crisis situations are solved (for example hot line services),

c) of the calling subscriber, and displaying this number before the call is actually connected, to offer the called subscriber the possibility of refusing the incoming calls, for which the calling subscriber restricted the display of his/her subscriber number, using simple means,

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d) of the called subscriber, to offer the called subscriber the possibility of preventing the display of his/her subscriber number for the calling subscriber, using simple means and providing the service free of charge.

(2) The provisions of Subsection 1 (a) shall also apply to calls from the Member States of the European Union routed to third states. The provisions of Subsection 1 (b), (c) and (d) also apply to incoming calls from third states.

(3) Where display of the calling or called number is offered, the undertaking providing a publicly available electronic communications service shall inform the public of the possibilities referred to in Subsection 1 above.

(4) An undertaking providing a public communications network or a publicly available electronic communications service is entitled to cancel the barring of the display of the calling subscriber number:

a) temporarily, at the request of a subscriber, who has requested that a malicious or annoying call be traced; in such a case, the undertaking shall store and make accessible to the aggrieved subscriber information containing the calling subscriber identification, and

b) and continue to process the location data during the transmission of calls to every emergency call number operated by the relevant facility for the reception of such calls, even despite a temporary ban or the lack of consent from the subscriber concerned.

(5) An undertaking providing a public communications network or a publicly available electronic communications service shall make public in its commercial facilities, and in a manner allowing remote access, the mandatory procedures to be followed in order to impose the two options referred to in Subsection 4 above, and shall inform its subscribers to that effect.

Section 93

Abuse of Electronic Mail Addresses of the Sender

It is prohibited to use any electronic mail address to send a message or messages to third parties without the consent of the holder of that electronic mail address.

Section 94

Call Forwarding

(1) Any undertaking providing a public communications network or a publicly available electronic communications service shall ensure, using simple means, that every subscriber can enjoy, free of charge, the possibility of preventing automatic forwarding of calls by a third party to the subscriber’s terminal equipment.

(2) In the event that, during the provision of the publicly available electronic communications service, calls are forwarded automatically or in a concealed manner to another service or to a service provided by another undertaking, or a new connection is established, thereby increasing the price to be charged, the person providing the publicly available electronic communications service shall notify the user of this fact free of charge and allow him/her to stop the call before it is forwarded or a new call is established. If calls are forwarded or a new connection is established and, as a result, the price to be charged is increased without notification of the user to that effect by the person providing a publicly available electronic communications service at the increased price, the Office shall decide to stop the provision of such service.

Section 95

Subscriber Directories

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(1) Anybody gathering subscribers’ personal data in order to issue a subscriber directory, whose purpose is to search for detailed contact information about persons on the basis of their names and, if applicable, other identifying elements, to the minimum extent necessary, shall:

a) inform the subscribers concerned, free of charge and before the inclusion of their data in the directory, of the purpose of the printed of electronic directory of subscribers, which is to be made available to the public either directly or through the subscriber directory inquiry services, as well as of other possibilities for its use, based on the search functions contained in the electronic versions of the directory,

b) obtain the prior consent of the subscribers to the publication of their personal data in accordance with Section 41 Subsection 5 and ensure that the subscribers have an opportunity to determine which of their personal data, from the range of information relevant for the purposes of the directory, as defined by the directory publisher, are to be included in the public directory; further, it must be ensured that the subscribers are able to verify such information and to request the amendment or removal of such information. At the same time, the person gathering such information must ensure that the subscribers can indicate, with their personal information, that they do not wish to be contacted for marketing purposes. Non-inclusion in the public directory of subscribers, the verifications, corrections and removal of information from the directory and the information concerning the subscriber’s wish not to be contacted for marketing purposes shall be free of charge.

(2) If the purpose of the public directory is other than to search for detailed contact information about a person on the basis of his/her name, and, if applicable, other identifying elements, to the minimum extent necessary, anybody intending to issue such a subscriber directory must first ask for the additional consent of the subscribers concerned.

Section 96

(1) It is prohibited to use electronic communications networks or services to offer any marketing advertising or any other method of offering goods or services to those subscribers who indicated in the public directory of subscribers in accordance with Section 95 Subsection 1 (b) or Section 95 Subsection 2 that they do not wish to be contacted for marketing purposes.

(2) It is prohibited to use electronic communications networks or services for the purposes of direct marketing by means of automated calling systems without human intervention (automatic calling equipment), facsimile machines or electronic mail, without the prior consent of the subscriber or user concerned.

(3) No undertaking providing subscriber directory enquiry services with information about subscriber numbers or other details may disclose any subscriber data not contained in the public directory.

(4) The provisions of Sections 95 and 96 shall apply mutatis mutandis to the data of subscribers who are legal entities.

(5) A provider of a publicly available electronic communications service, whose business interests are harmed by violations of the obligations set out in Subsections 1 to 4 above, is entitled to seek judicial protection on behalf of subscribers whose rights have been harmed by such behaviour. This does not affect the right of a party to pursue their claims in court in their own right.

Tapping and Recording Messages

Section 97

(1) A legal entity or natural person providing a public communications network or a publicly available electronic communications service shall, at the expense of the requesting party, provide and secure interfaces at specified points of the network to connect terminal equipment for message

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tapping and recording:

a) for the Police of the Czech Republic for the purposes specified in a special legal regulation36),

b) for the Security Information Service for the purposes specified in a special legal regulation37),

c) for the Military Intelligence service for the purposes specified in a special legal regulation37a).

(2) The bodies listed in Subsection 1 above shall prove their authorisation for message tapping and recording by submitting a written application, which contains a reference number under which the court ruling is filed by this body, and which is signed by the person responsible from the body listed in Subsection 1 above for the performance of the message tapping and recording. In the event of message tapping and recording by the Police of the Czech Republic in accordance with special legal regulations36) the written application shall contain a reference number under which the consent of the user of the station monitored is filed by the Police of the Czech Republic.

(3) A legal entity or a natural person providing a public communications network or a publicly available electronic communications service shall for a period of 6 months traffic and location data which are created or processed during the operation of their public communications networks and during the provision of their publicly available electronic communications services37b). A legal entity or a natural person providing a public communications network or a publicly available electronic communications service is only required to store data relating to unsuccessful call attempts only when these data are created or processed and at the same time stored or recorded. At the same time, such a legal entity or natural person is required to ensure that, during the performance of the obligation referred to in the first and second sentences, no message content has been stored, and that no content thus stored has been further distributed. A legal entity or a natural person who stores traffic and location data is required, on request, immediately to provide them to:

a) criminal law enforcement authorities for the purposes of and under the conditions laid down in a special legal regulation59),

b) the Police of the Czech Republic for the purposes of initiating a search for a specific wanted or missing person, for the identification of persons of unknown identity or the identity of a corpse that has been discovered, for the prevention or detection of specific terrorist threats or for the verification of a protected person, while complying with the conditions set out in a special legal regulation60),

c) the Security Information Service, for the purposes of and under the conditions laid down in a special legal regulation37),

d) the Military Intelligence service for the purposes of and under the conditions laid down in a special legal regulation37a),

e) the Czech National Bank for the purposes of and under the conditions laid down in a special legal regulation61).

After expiry of the period referred to in the first sentence above, the legal entity or natural person who stores the traffic and location data is required to destroy them, unless they were provided to the bodies authorised to use them under a special legal regulation, or unless otherwise provided in this Act (Section 90).

(4) The traffic and location data pursuant to Subsection 3 above are primarily data leading to the tracing and identification of the source and address of the communication, and also data leading to the identification of the date, time, method and duration of the communication. The scope of the traffic and location data stored in accordance with Subsection 3 above, the form and method of their transmission to the bodies authorised to use them under a special legal regulation, and the method

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of their disposal is stipulated in an implementing legal regulation.

(5) A legal entity or natural person providing a publicly available telephone service is required, on request, to provide information from the database of all its subscribers to the publicly available telephone service to a body authorised to request them in accordance with a special legal regulation, at their own expense. The form and scope of the information provided is stipulated in an implementing legal regulation.

(6) Where a legal entity or natural person providing a public communications network or a publicly available electronic communications service introduces into its activities any coding, compression, encryption or any other method of transmission that makes the messages being transmitted incomprehensible, such a person shall ensure that the messages requested and the traffic and location data related thereto are provided in a comprehensible manner at the termination points for connection of the terminal equipment referred to in Subsection 1 above.

(7) For fulfilling the obligations specified in Subsections 1, 3 and 5 above, the legal entity or natural person is entitled to reimbursement for effectively incurred costs from the authorised body which requested or ordered such an action. The amount and method of reimbursement for the effectively incurred costs is set out in an implementing legal regulation.

(8) A person referred to in Subsection 1 above and its employees are required to maintain the confidentiality of any tapping or recording of messages requested or implemented in accordance with Subsections 1 and 2 and data requested or provided in accordance with Subsections 3 and 5 and matters related thereto.

(9) The technical and operational conditions and points for the connection of terminal telecommunications equipment for the tapping or recording of messages is set out in an implementing legal regulation.

(10) A legal entity or natural person providing a public communications network or a publicly available electronic communications service shall keep records on:

a) the number of cases where, on requested, it provided traffic and location data to the bodies authorised to request them,

b) the period that elapsed, in each case, from the date on which the storage of the traffic and location data began to the date on which the authorised body requested such data, and

c) the number of cases when it was not able to comply with a request to provide traffic and location data.

(11) A legal entity or a natural person providing a public communications network or a publicly available electronic communications service is required to provide to the Office the collective records referred to in Subsection 10 above, for the previous calendar, in electronic form, at the latest by 31 January of the following calendar year. The records provided may not contain personal and identification data. The Office shall immediately send the collective records received to the Commission.

(12) The form of the records provided under Subsection 11 and the method of their submission to the Office is stipulated in an implementing legal regulation.

Volume 2

The Security and Integrity of Public Electronic Communications Networks and Services

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Section 98

The Security and Integrity of Public Electronic Communications Networks and Services

(1) An undertaking providing a public communications network or a publicly available electronic communications service shall ensure the security and integrity of its network and the security of the services it provides. For this purpose, the undertaking is, in particular, entitles to adopt technical and organisational rules created in accordance with network plans pursuant to Subsection 2. With regard to the technical capabilities of these rules to ensure a level of security that corresponds to the existing level of risk, with the aim of preventing or minimising the impact of incidents on users and of the interconnection of networks. Security of networks and services means their ability to resist random incidents or unlawful or malicious actions that seriously compromise the availability or interoperability of services and network integrity.

(2) To ensure the integrity of public communications networks, the Office shall issue network plans (Section 62), in which it defines the basic characteristics of those networks and their interfaces which are essential for the interconnection of public communications networks, for access thereto, for the connection of non-public communications networks and to ensure the continuity of provision of those services which are provided through public communications services.

(3) An undertaking providing a public electronic communications network or a publicly available electronic communications service may adopt a measure to suspend provision of the service or to deny access to the service in cases where there is a threat or occurrence of a serious breach of the security and integrity or its network as a result of damage or destruction of electronic communications facilities, mainly due to major industrial accidents or natural disasters. Such suspension or denial of service must be restricted to the time strictly necessary and, if it is technically possible, access to emergency numbers must be maintained.

(4) An undertaking providing a public electronic communications network or a publicly available electronic communications service shall immediately inform the Office, the entities operating facilities for reception of emergency calls – and, using suitable means, also the users – about the serious breach to security and the loss of network integrity, the extent and reasons for the suspension of the services provided or the denial of access thereto, the measures adopted and of the expected time of removal of the causes pursuant to Subsection 3. The scope and form of the information to be provided shall be stipulated by the Office in an implementing legal regulation. In the event that this information is published in the public interest, the Office may inform the general public thereof in a suitable manner.

(5) Each year the Office shall submit to the Commission and the European Network and Information Security Agency (ENISA) a summary report for the previous calendar year, informing of the notifications and actions taken pursuant to Subsections 3 and 4, in the scope and format specified by the Commission.

(6) The Office may impose an obligation to carry out a safety audit on an undertaking providing a public communications network or a publicly available electronic communications service. This audit must be conducted by a qualified independent entity and the costs shall be borne by the undertaking. An undertaking providing a public communications network or a publicly available electronic communications service is also required, at the request of the Office, to submit to it the information needed to assess network security and integrity and service security, the safety audit and the results thereof.

Section 99

Security, Integrity and Service Provision in Crisis Situations

(1) In a crisis situation, an undertaking providing a public communications network or a publicly available electronic communications service is required, following its own technical and

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organisational rules, to ensure the security and integrity of its network and the interoperability of the services provided. The particulars to be included in the technical and organisational rules are stipulated by the Office in an implementing legal regulation.

(2) An undertaking referred to in Subsection 1 above shall submit to the Office at its request documents specifying the technical and organisational rules referred to in Subsection 1 above and shall allow the Office to monitor compliance with these rules. In the event any discrepancy is found between these documents and the legal regulations, the Office is entitled to inform the undertaking concerned of this fact and to set it a reasonable period within which such discrepancies are to be removed.

(3) An undertaking providing a public communications network or a publicly available telephone service is entitled, when a crisis situation is threatened or during a crisis situation 39), at the request of the Ministry of Interior, to provide priority connections to the public communications network and access to the publicly available telephone service to crisis communications subscribers, in accordance with a special legal regulation38). For that purpose, it is entitled, to the extent to which it is absolutely necessary, to restrict or suspend the provision of a publicly available telephone service. It shall immediately inform the Office of any restriction or suspension of a publicly available telephone service, including the scope thereof. This restriction may only be imposed for the period for which it is absolutely necessary, and access to emergency numbers must be maintained.

(4) In a crisis situation, an undertaking referred to in Subsection 1 above shall immediately inform the Office of any threat to or breaches of the security and integrity of its network and the security of services, including measures adopted or envisaged to remedy this situation and the date by which the causes are expected to be removed.

Volume 3

Protection of Electronic Communications

Section 100

Obligations of the Operators

(1) The operators of machines, devices and equipment (hereinafter referred to as “equipment”), whose operation generates high-frequency energy, shall ensure that the high frequency energy of this equipment does not cause interference with the operation of the electronic communications equipment and networks, or with the provision of electronic communications services or the operation of radiocommunications services, unless otherwise provided in a special legal regulation.

(2) Interference in operation shall mean electromagnetic interference that worsens, renders impossible or repeatedly interrupts the operation of the electronic communications equipment or the electronic communications network, or the provision of electronic communications services or operation of radiocommunications services.

(3) If there is any interference with the operation of electronic communications equipment or network, with the provision of electronic communications services or with the operation of radiocommunications services, the operator of the equipment interfering with the operation must take suitable protective measures. If the operator of the interfering equipment fails to take protective measures, the operator of the affected electronic communications equipment or network will take such measures at the interfering equipment operator’s expense.

(4) In the event that interference with traffic occurs as a result of failure to respect the conditions prescribed for the operation of such equipment, the costs of the protective measures shall be borne by the operator of such equipment, otherwise such costs shall be borne by the operator of equipment that was commissioned or exchanged at a later date. If the equipment affected by the interference does not meet requirements for electromagnetic compatibility40), the costs of the

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protective measures shall be borne by the operator of such equipment. Otherwise these costs shall be borne by the operator of equipment that was commissioned or exchanged at a later date.

(5) If interference with the reception of radio or television broadcasting, which is operated in the given territory by a broadcaster or a retransmission operator in accordance with a valid licence issued under a special legal regulation11), occurs as a result of the operation of an amateur radiocommunications service, the Office may impose conditions for removal of the interference on the holder of the authorisation to use radio frequencies for that amateur radiocommunications service. If the interference only occurs as a result of insufficient electromagnetic compatibility of the receiving equipment, the Office shall impose conditions for removal of the interference on the operator of the affected receiving equipment.

(6) The Office shall identify the sources of interference with the operation of electronic communications equipment and networks, or with the provision of electronic communications services, or with the operation of radiocommunications services. Once the Office identifies a source of interference, it shall proceed mutatis mutandis in accordance with Section 114. In justified cases, the Office shall order as a preliminary measure that the source of interference be immediately put out of operation without prior warning.

(7) In the event that the operator of equipment interfering with operations fails to remove the source of the interference within the period of time specified by the Office in an appeal to do so, or in the preliminary measure, the Office shall decide that the source of interference be removed. If the operator of the interfering equipment is not known or can be shown to be unattainable or inactive, the Office may remove the source of the interference or impose other suitable measures itself. The costs of removing a source of interference shall be borne by its operator; if the operator is not known, the costs are borne by the Office.

(8) The Office shall first of all identify sources of interference that affect the electronic communications equipment and networks of the Ministry of Defence and the Armed Forces of the Czech Republic, the Ministry of Interior, the Security Information Service, the Police of the Czech Republic, the Fire Rescue Service of the Czech Republic, the Ambulance Rescue Service, the Customs Authority and the Prison Guard Service and Court Police of the Czech Republic.

(9) Interference cause by electromagnetic screening and reflection by buildings or by activities relating to the construction of buildings shall also be deemed to constitute interference with the operation of electronic communications equipment and networks, the provision of electronic communications services, or the operation of radiocommunications services. This shall not apply in a case where the construction or activities related to the construction activities commenced earlier than the operation of the electronic communications equipment or network. A change in the construction activity or the operation of electronic communications equipment or network shall, in the relevant parts, be deemed to be a new construction or the new commencement of operation of electronic communications equipment or network. The operator of electronic communications equipment and networks, the undertaking providing electronic communications services or the operator of radiocommunications services, whose operation is affected by the interference, shall invite the owner or builder of the building concerned to conclude an agreement on suitable measures to remove the interference. If they fail to agree, the appropriate Building Authority shall decide on the method of removing the interference, at the request of one of the Parties and after consultations with the Office, in accordance with a special legal regulation 41). If such a decision is not, due to its nature, within the power of the appropriate Building Authority, the Office shall decide on the method of removing the interference. The costs of removal of the interference caused by buildings shall be borne by the owner of the building and the costs of the removal of interference caused by construction shall be borne by the builder.

(10) Disputes in respect of the amount of efficiently and purposefully incurred costs for protective measures to eliminate interference shall be decided by the court.

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(11) In enforcing the decision to remove the source of interference pursuant to Subsection 7, the Office shall preserve the right of the owners of the properties concerned as much as possible.

(12) Persons authorised by the Office to enforce the removal of the source of interference pursuant to Subsection 7 are, for the purposes of the enforcement of this decision, entitled, to the extent absolutely necessary, to enter (including entry of vehicles) a property belonging to a third party, in which the sources of the interference are located.

Section 101

Relationship between a Public Communications Network Line with the Surrounding Environment

(1) Constructors of building words, waterworks or equipment, whose construction is associated with earthworks, shall, for the purposes of proceedings based on the Building Code, attach to their applications for the issue of the relevant decision a statement from the operator of a public communications network concerning the existence of an aboveground or underground communications network lines at the building site , such a statement being requested from such undertakings providing public communications networks as indicated by the Building Authority. In the decision, the Building Authority shall stipulate the conditions for the protection of the communications network line.

(2) Persons who are to carry out the construction works indicated in Subsection 1 above shall adopt measures aimed at preventing any damage to the communications network. This shall also apply to deep tillage of agricultural land, earthworks and landscaping.

(3) A communications line of a public communications network may cross electricity, water, sewage and other lines, natural water reservoirs, territories protected under special legal regulations, railway tracks, roads, waterworks and any other such schemes, including their protective zones. Any such crossing or other contact shall be designed in a manner adequate to environmental protection with a view to minimising any impact on the interests of the owners concerned. This shall be without prejudice to the provisions of the applicable special legal regulation.42)

(4) A communications line of a public communications network may be crossed or otherwise affected by electricity, water, sewage or other lines, railway tracks or roads in a manner that does not cause any interference to the operation of electronic communications equipment and networks or to the provision of electronic communications services.

(5) The provisions of Subsections 3 and 4 shall apply mutatis mutandis to cases where a public communications network line runs in parallel to the lines and their protective zones as referred to above.

Volume 4

Protective Zones

Section 102

Communications Line Protective Zone

(1) The protective zone of an underground communications line shall be deemed to be established as at the effective date of a decision issued on the basis of a special legal regulation43).

(2) The protective zone of an underground communications shall be 1.5 m to either side of the margins of the line.

(3) It is prohibited in the protective zone of an underground communications line:

a) without the consent of its owner or decision of the Building Authority to perform any earthworks or landscaping,

b) without the consent of its owner or decision of the Building Authority to establish buildings

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or locate structures or any other similar facilities,

c) without the consent of its owner to plant permanent crops.

(4) Any activities in the protective zone of an underground communications line that could prevent or substantially hinder access to the line or could compromise the security and reliability of its operation may only be carried out with the prior consent of the owner of the line.

(5) The protective zone of an aboveground communications line originates on the effective date of a decision taken on the basis of a special legal regulation43), 44). The parameters of such protective zones, the range of the restrictions and the conditions of protection shall be determined by the competent Building Authority upon the line owner’s proposal and shall be specified in that decision. At the same time, the rights of the owners of the properties located in the protective zone of an aboveground telecommunications line must be respected.

Section 103

Protective Zone of Radio Equipment and Microwave Links

(1) The protective zone of radio equipment and microwave links originates as at the effective date of the decision taken on the basis of a special legal regulation. 44) The parameters of such protective zones, the range of the restrictions and the conditions of protection shall be determined by the competent Building Authority upon the proposal of the owner of the equipment and links and shall be specified in that decision. At the same time, the rights of the owners of properties located in the protective zone of the radio equipment and radio microwave line must be respected.

(2) In proceedings concerning the protective zones of aboveground communications lines, radio equipment and microwave links, the Office is the administration body concerned.

Volume 5

Authorisation to Use Other Owners’ Properties

Section 104

(1) An undertaking providing a public communications network which has notified its business activities in accordance with Section 8 Subsection 2, is entitled, if it meets the conditions specified in the decision taken on the basis of a special legal regulation 43) and the conditions indicated below, to establish and operate on or in another owner’s land:

a) aboveground or underground communications lines for a public communications network, including any supporting points for the aboveground communications lines or line pegging points for underground communications lines, as well as public payphones and connection communications network lines to the public communications network, including the crossing of such land with such lines and establishing public communications network lines on such land, as well as the related power line connections,

b) masts, including antennae of radio equipment of the public communications network, the associated public communications network electronic communications equipment and the related power line connections,

c) masts, including antennae of the public communications network microwave links, the associated public communications network electronic communications equipment and the related power line connections.

(2) An undertaking providing a public communications network which has notified its business activities in accordance with Section 8 Subsection 2, is entitled, if it meets the conditions indicated below, to establish and operate on or in another owner’s building:

a) internal communications lines of the public communications network, including public

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communications network termination points and the related distribution frames, public payphones and connecting communications lines of the public communications network, as well as the related power line connections,

b) masts or antenna supports, including antennae of the public communications network radio equipment and their connecting communications lines, the associated public communications network electronic communications equipment, connections to the internal power wiring and the related power line connection,

c) masts or antenna supports, including antennae of the public communications network microwave links and their connecting communications lines, the associated public communications network electronic communications equipment, connections to the internal electricity wiring and the related power line connection.

(3) For the performance of the authorisations referred to in Subsections 1 and 2 Clauses (b) and (c) above, the undertaking providing a public communications network shall sign a written letter of intent to conclude with the owner of the property concerned a contract to grant an easement for a lump-sum compensation in respect of the part of the property concerned, and after the completion of the construction and surveying of the position of the line it shall conclude a contract to grant an easement in respect of the part of the property actually affected. It is also possible upon the proposal of the undertaking proving the public communications network to conclude another type of written agreement with the owner of the property concerned to ensure the performance of measures set out in Subsection 1 (b) and (c) and Subsection 2 (b) and (c). For the performance of the authorisations referred to in Subsection 2 Clause (a), the written consent of the owner of the property concerned shall suffice for the location of internal communications lines and communications equipment.

(4) If no written of intent to conclude a contract to grant an easement has been concluded with the owner of the property concerned in accordance with Subsection 3 above, or if the undertaking providing a public communications network is able to prove that the owner of the property concerned is unknown, or is not determined, or is demonstrably inaccessible or inactive, or the ownership of the property is subject to dispute or the owner’s right of disposition of the property is restricted, then the competent general Building Authority shall make a decision on the basis of a special legal regulation44a) in respect of the proposal of the undertaking providing the public communications network to grant an easement. The undertaking providing a public communications network may exercise the rights set out in the decision of the general Building Authority in respect of the restriction of the ownership rights towards the property concerned, starting from the date of entry into effect of the general Building Authority’s decision.

(5) Restriction of ownership rights may not exceed the extent necessary for achieving the purpose referred to in Subsections 1 and 2.

(6) An undertaking providing a public communications network shall also have the following entitlements on the basis of a notification demonstrably submitted to the owner of the property, or its manager or user:

a) to enter (including entry of vehicles) other owners’ property to the extent needed in order to carry out the activities referred to in Subsections 1 and 2 and for the purpose of preparing project design documentation, the repair and maintenance of communications lines and electronic communications equipment located on other owners’ property,

b) to the extent to which it is absolutely necessary, to cut or lop trees and shrubs endangering the safe and reliable operation of the communications lines and electronic communications equipment in compliance with the conditions laid down in a special legal regulation42).

Demonstrable notification shall mean notification of the date and purpose of the entry (including entry with vehicles) to the given property or the cutting or lopping of trees and shrubs growing on

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that property, including notification concerning activities to be performed in the property in relation thereto. The notification must be made well in advance.

(7) In exercising its entitlements on the basis of Subsections 1, 2, 6 and 13, an undertaking providing a public communications network shall pay maximum respect to the rights of the owners of the properties concerned. Once the work is completed, it must restore the property to its previous state and, if that is not possible with respect to the work done, to a state corresponding to the previous purpose or use of the property, and shall immediately, in a demonstrable manner, notify the same to the owner of the property, or the manager or user of the property concerned. After the cutting or lopping of trees or shrubs, the undertaking providing the public communications network shall remove the loppings and debris from the property, unless otherwise agreed with the owner of the property concerned.

(8) The authorisations referred to in Subsections 1 and 2 above shall not be deemed to substitute for the obligations of the undertaking providing a public communications network on the basis of a special legal regulation41).

(9) An aboveground communications line shall be understood to mean a wire line or cable line or wireless line, including the associated electronic communications facilities, built above the ground outside or inside buildings. The supporting points of the aboveground communications line include any structural elements bearing or supporting the wires or cables, or the associated electronic communications facilities of the line (ground poles, roof poles, wall brackets, antenna mast, antenna support).

(10) The electronics communications network (including masts, aboveground and underground communication lines and their supporting and pegging points) does not constitute part of the land within the meaning of another legal regulation 64) and is, within the meaning of another legal regulation64) deemed to be a utility network.

(11) Entitlements resulting from easements established under this Act, or on the basis of previous legal regulations shall pass to the successors in title of the undertakings providing the public communications network and to the owners or transferees of such lines, provided that such successors, owners or transferees concurrently act as undertakings providing a public communications network.

(12) An underground communications line shall be understood to mean a cable line, including cable sets and equipment buried underground, and cable distribution frames located above ground level. Cable sets and equipment include, but are not limited to, cable joints, cable accessories, intermediate repeaters, corrosion control equipment, overvoltage control equipment, pressure control equipment and cable ducts. The line pegging points of the underground communications line shall include cable markers, posts, or stones indicating the position of cable sets and equipment, cable crossings with roads, railways or watercourses, or showing position changes in the cable route in residential areas or in the open landscape.

(13) In the event of any fault or interruption to the operation of a communications line or electronic communications equipment, the undertaking referred to in Subsections 1 and 2 is entitles to enter the property where such a line or equipment is located without prior notification of the owner or manager or user of the property in accordance with Subsection 6, if it was impossible upon exerting reasonable efforts to notify the owner, manager or user of the property about such entry in advance and to gain the consent of the owner, manager or user, for the purpose of removing the fault or interruption. In such a case, the undertaking shall immediately notify the owner, manager or user of the property concerned about the work performed, ensure the security of the site and, subsequently, also ensure that the property is restored to its previous state or an appropriate state.

(14) If any dispute arises over the extent of the entitlements referred to in Subsections 1, 2 and 6, between the owner of the property and the undertaking providing the public communications

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network, the appropriate Building Authority shall make a decision to resolve the dispute in cooperation with the Office, upon a proposal submitted by any of the Parties to the dispute.

(15) Legal relations concerning responsibility for the damage that may be caused by the undertaking providing the public communications network in respect of the restriction of the owner’s rights for the purposes referred to in Subsections 1, 2 and 6 shall be governed by the Civil Code.

(16) The owner of a house, flat or non-residential space shall make it possible for the user of the house, flat or non-residential space:

a) to receive radio and television broadcasting provided by broadcasters on the basis of a special legal regulation11) on condition that a signal or reasonable quality is available at the location,

b) to install an indoor communications line, including a distribution frame and a network termination point.

If any damage to the building is cause as a result of the above, the party responsible for the damage shall provide compensation; this obligation cannot be avoided. If any dispute over the extent of these obligations arises between the owner of the house, flat or non-residential space and the user of the house, flat or non-residential space, the appropriate Building Authority shall make a decision in cooperation with the Office, upon a proposal submitted by any of the Parties to the dispute.

(17) A builder who has instigated the removal of underground or aboveground lines for a public communications network for electronic communications, shall bear the costs of essential repairs to the section of the electronic communications network line affected, to the standard of the existing technical solution. Costs associated with upgrading underground or aboveground lines for electronic communications network lines, or with increasing their transmission capacity, shall be borne by the owner of the lines.

TITLE VI

State Administration in the Electronic Communications Area

Volume 1

State Administration in the Electronic Communications Area

Section 105

The Competence of the Ministry

(1) The Ministry

a) submits to the Government a draft proposal for the electronic communications policy of the State and monitors the implementation thereof,

b) submits to the Government the proposals for the main principles of the State policy in electronic communications,

c) pursues international relations in the electronic communications area at the level of government, governmental and non-governmental organisations, with the exception of relations the Government has authorised the Office to pursue,

d) ensures that obligations arising from international treaties binding on the Czech Republic and which are published in the Collection of Laws or the Collection of International Treaties, or obligations arising from the Czech Republic’s membership of international organisations in the electronic communications area are fulfilled, with the exception of obligations fulfilled by the Office in cases stipulated by the Government,

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e) carries out the state statistical service45),

f) cooperates with the relevant ministries of the Member States in the area of electronic communications,

g) notifies the Commission about regulatory authorities in the area of electronic communications and provides it with additional information on request,

h) within the range of its competence, represents the Czech Republic in bodies of the European Union.

(2) In performing its activities, the Ministry shall also rely on the relevant decisions, recommendations and positions issued by the bodies of the European Union and on the key principles of State policy in the electronic communications area. If the Ministry decides not to proceed in accordance with the Commission’s recommendations to harmonise the implementation of European Union legislation regulating the electronic communications area, it shall inform the Commission to that effect without delay and shall justify such conduct.

Section 106

Provision of Information to the Ministry

(1) The Office shall provide the Ministry, upon its request, with any information as may be needed by the Ministry to perform activities for which the Ministry is responsible, in accordance with this Act.

(2) If the Office does not possess the information referred to in Subsection 1 above, the person performing activities on the basis of this Act shall provide such information to the Ministry upon the Ministry’s request within a reasonable period and in the form and to the extent determined by the Ministry. The Ministry’s request shall contain a justification, including the indication of the purpose for which the Ministry is requesting the information, data or documentation. The Ministry shall not request more information than is adequate to the purpose for which it is intended.

(3) The person performing activities in accordance herewith shall, on the basis of Subsection 2, also submit to the Ministry information, data and documentation containing personal data, information which is the subject of a trade secret, or information subject to protection on the basis of a special legal regulation.

(4) The Ministry shall protect the information, documentation and data submitted in accordance with Subsections 1 to 3 above against misuse.

Section 107

Organisation of the Office

(1) The Office has a five-member Council (hereinafter referred to as the “Council”). One Council member is the Council Chairman. The Chairman shall conduct the activities of the Council and in his/her absence this is done by another member authorised by the Chairman. The Council Chairman acts on the Council’s behalf and acts as its head. The Council makes decisions in specified cases.

(2) The members of the Council and its Chairman are appointed and recalled by the Government upon a proposal of the Minister of Industry and Trade. The term of office of Council members is 5 years. One member of the Council is appointed every year. The Council Chairman is appointed to his/her post for the period remaining until the end of his/her membership in the Council, but no longer than three years.

(3) To be appointed member of the Council, the candidate shall be a Czech citizen and shall:

a) enjoy full legal capacity,

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b) possess integrity; any citizen who has been finally and conclusively convicted of a wilful crime, unless such a conviction has been annulled or unless there is any other reason for such a person to be looked upon as not having been convicted, shall not be considered to possess integrity; any citizen who fails to meet the conditions set out in a special legal regulation46) shall also not be considered to possess integrity,

c) have at least five years of experience in the field of electronic communications, economics or law,

d) have completed university studies in a Master’s programme.

(4) The positions of member of the Chamber of Deputies or Senator, judge, prosecuting attorney, any position in public administration, a position as member of a self-governing territorial authority and membership in a political party or political movement are incompatible with membership in the Council.

(5) The Council member’s office shall terminate:

a) with the expiry of the term of office,

b) by recall,

c) by resignation,

d) by acquiring a position incompatible with membership in the Council,

e) by entry into force of a court judgement in respect of his/her legal capacity or in respect of having committed a wilful criminal act, or

f) by death or declaration of death.

(6) A member of the Council may be recalled by the Government in the event of a gross breach, or repeated minor breaches, of his/her duties, in the event of an illness that permanently prevents him/her from officiating, or if he has not officiated for a period longer than six months. Upon the proposal of the Minister of Industry and Trade, the Government shall appoint another Council member without delay for the remaining part of the term of office of the recalled member.

(7) The function of the Council Chairman shall expire upon termination of his/her membership in the Council in accordance with Subsections 5 and 6. A decision to recall him/her as a member, including the justification, shall be delivered to the recalled Council Chairman and, at the same time shall be published on the day on which his/her function terminates. Upon a proposal by the Minister of Industry and Trade, the Government shall immediately nominate a new Council Chairman for the remainder of the term of the recalled Council Chairman.

(8) The Council makes its decisions by casting vote. Every Council member possesses one vote. A decision of the Council may be adopted if at least three Council members were in favour of it. A record is maintained of the voting and the record must be signed by all the members present and by the person authorised to draw up the record; the record may not be referred to when the file is being inspected.

(9) The Council shall

a) approve:

1. the Statue of the Office,

2. the Plan of Activities of the Office,

3. the draft budget of the Office and financial statement of the Office,

4. the Rules of Procedure of the Council, and the Organisational, Filing and Signing Rules of the Office,

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5. reports on the Office’s activities,

6. draft versions of implementing legal regulations,

b) decide on:

1. appeals lodged against the decisions issued by the Council Chairman,

2. measures of general nature,

3. pricing decisions,

4. determination of the universal service provider (Section 39) and

5. determination of an undertaking with significant market power and the imposition of obligations on such an entity (Section 51).

(10) No appeal is admissible against the decisions of the Council.

(11) The Council Chairman makes a decision in the first instance in proceedings in accordance with Sections 22, 22a, 22b, 23 and 127. If it is provided in this Act that the Office shall make decisions in a given matter, it may be determined in the Office’s Statute that, in the given case, with the exception of the provisions of Subsection 8, the Council Chairman makes the decision in the first instance.

(12) Members of the Council and its Chairman receive remuneration in accordance with a special legal regulation46a).

Section 108

The Competence of the Office

(1) On the basis of this Act, the Office shall:

a) issue general authorisations, decide on any change thereto or cancellation thereof, and maintain records of undertakings in the electronic communications area,

b) issue measures of general nature,

c) perform analyses of relevant markets in the electronic communications area, determine undertakings with significant market power (Section 53) and impose special obligations on them,

d) determine the universal service providers in electronic communications and investigate how the universal service is provided,

e) determine the net costs of the provision of universal service, decide whether to impose an obligation to return funds unlawfully drawn to cover the net costs of providing universal service and decide whether the level of the net costs represents an unbearable burden on its provider,

f) issue pricing decisions and exercise price control in the electronic communications area,

g) make decisions in disputes, as far as this Act so stipulates,

h) cooperate with the appropriate national regulators in the European Union Member States, the European Network and Information Security Agency (ENISA), the BEREC organisation and the Commission,

i) impose non-pecuniary performance obligations,

j) verify professional capability for the operation of radio transmission equipment,

k) exercise the authority of a certification body under a special legal regulation 18) in recognising professional qualifications and other competence for access to regulated activities in the

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electronic communications area or for the performance of such activities in the Czech Republic, if the professional qualifications for such activities were gained, or such activities were performed outside the Czech Republic by citizens of the European Union Member States or their family members,

l) specify, collect and recover fees,

m) carry out inspection in the electronic communications area, search out and eliminate sources of interference,

n) impose, collect and recover fines for breach of obligations,

o) exercise the administration of radio frequencies and numbers, including the maintenance of a database thereof,

p) carry out tendering procedures and monitor compliance with the obligations resulting to holders of allocations of radio frequencies from such tendering procedures,

q) ensure harmonisation of the utilisation of the radio spectrum and harmonisation of the numbering plans,

r) establish and administer the Radiocommunications Account,

s) submit to the Ministry material draft legal regulations in the electronic communications area and cooperate with the Ministry on the preparation thereof,

t) issue implementing legal regulations in the electronic communications area within the range of its authorisation under this Act,

u) comply with notification and information obligations in relation to the Commission in respect of issues falling under its range of authority,

v) provide the state statistical service,

w) pursue international relations in the electronic communications area in cases determined by the Government,

x) within its statistical surveying activities, obtain and process data in the electronic communications from entities carrying out communications activities and from natural persons under conditions set out in a special legal regulation45) an provide items of information obtained from its statistical findings to the Ministry,

y) ensure the publication of the Telekomunikační věstník (Telecommunications Bulletin) through the public administration portal,

z) decide whether to impose an obligation to amend a contract, or a draft contract that has been published, for a publicly available electronic communications service or to ensure connection to a public communications network in accordance with Section 63 Subsection 5,

aa) is the executory administrative authority for enforcing the obligations under this Act or imposed ex officio on the basis thereof,

bb) operates information systems under this Act and automated systems for monitoring the frequency spectrum.

(2) The Office also performs other activities, provided these follow from the provisions of this Act or from other legal regulations2).

(3) In exercising its authority, the Office also respects the applicable decisions, recommendations, instructions and opinions issued by the bodies of the European Union, the European Network and Information Security Agency (ENISA), the BEREC organisation and from the key principles of the State policy in the electronic communications area. If the Ministry decides not to

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proceed in accordance with the Commission’s recommendations to harmonise the implementation of European Union legislation regulating the electronic communications area, it shall inform the Commission to that effect without delay and shall justify such conduct.

Section 109

Elimination of Conflict of Interests

(1) Employees assigned to the Ministry or to the Office, heads of an organisation unit who work for the Ministry of Industry and Trade, advisors and employees performing other designated activities for the Ministry of Industry and Trade, as well as Deputies to the Minister of Industry and Trade, may not pursue any business activities in the electronic communications area, participate in any statutory, management and supervisory bodies of any undertakings carrying out activities within the scope of this Act, carry out any advisory work or any other professional assistance in the electronic communications area or otherwise act in favour of any such undertakings.

(2) For a Council member, the obligation specified in Subsection 1 above shall remain in effect for six months after the end of his/her term of office. During that period, he shall continue to receive, on a monthly basis, a salary equal to the average monthly salary he had while he was in office.

(3) A Council member may not be employed by the Ministry or perform any other gainful activity for the Ministry.

Section 110

The Office’s Relation to the Parliament and Government of the Czech Republic

(1) Every year the Office shall prepare an annual report on its activities during the previous calendar year, The information contained in the report shall include, without being limited to, information about the current status and developments in the area of electronic communications, the measures of general nature taken by the Office, decisions and pricing decisions, the implementation of the applicable legislation of the European Union1) regulating the electronic communications area, the results of controls of compliance with the obligations set out in the legislation and the need to adopt legal regulations in the electronic communications area. The annual report shall also contain the Office’s planned budget and an overview of the results of the Office’s financial management, including an indication of the costs of the Office’s regulatory work for the previous calendar year and – structured in the same manner – the planned costs of the Office’s activities for the subsequent year. The annual report shall always include the annual report on universal service (Section 50).

(2) The Office shall submit the annual report to the Chamber of Deputies and Senate of the Parliament of the Czech Republic and to the Government of the Czech Republic no later than the end of May of each calendar year. At the same time, the Office shall publish the annual report.

(3) The Office shall submit, upon request, to the Chamber of Deputies and Senate of the Parliament of the Czech Republic and the Government of the Czech Republic additional information and explanations concerning the content of the annual report. At least one member of the Council shall take part in the discussions by the Government of the Czech Republic on the annual report. Council members are obliged to take part in discussions of the annual report by the Chamber of Deputies and Senate of the Parliament of the Czech Republic if so requested by the Chamber of Deputies or Senate of the Parliament of the Czech Republic.

Section 111

Cooperation with the Office for the Protection of Competition

(1) The Office and the Office for the Protection of Competition shall provide each other with suggestions and information or pursue any other form of cooperation for the purpose of fulfilling the

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tasks imposed on them by legal regulations. In the process of handing over any information, the recipient shall treat that information with the same level of confidentiality as does the providing party itself. Before issuing a decision in accordance with Section 51, before imposing a sanction for a breach of such a decision and when performing analyses of the relevant markets in accordance with Sections 51 and 52, the Office shall allow the Office for the Protection of Competition the opportunity to adopt an opinion in relation to the matter concerned; if the Office for the Protection of Competition fails to adopt an opinion in respect of the matter within one month of delivery of the Office’s proposal, it shall be deemed that it has no reservations in relation to such proposal.

(2) The Office shall inform the Office for the Protection of Competition, at its request, of its opinion as to whether the actions of a tenderer is in breach of the obligations laid down in the Act, or a decision issued on the basis thereof.

(3) The Office and the Office for the Protection of Competition, when performing tasks in mutual cooperation, shall require of each other opinions on the preparation of decisions issued within the limits of their authority and, at the same time, shall endeavour to achieve consensus in these opinions.

Section 112

Cooperation with the Council for Radio and Television Broadcasting

(1) The Office and the Council for Radio and Television Broadcasting shall provide each other with suggestions and information or pursue any other form of cooperation for the purpose of fulfilling the tasks imposed on them by legal regulations. In the process of handing over any information, the recipient shall treat that information with the same level of confidentiality as does the providing party itself.

(2) If the Office learns during its activities that there are unused frequencies in the band exclusively intended for radio and television broadcasting, the Office shall notify the Council for Radio and Television Broadcasting to that effect without delay.

(3) The Office shall:

a) draw up, in cooperation with the Council for Radio and Television Broadcasting, part of the frequency band allocation plan intended for radio services,

b) hand over to the Council for Radio and Television Broadcasting, at its request, the coordinated frequencies for radio and television broadcasting, including their technical parameters,

c) provide the Council for Radio and Television Broadcasting with the most recent data (databases) on radio transmitting equipment operated for radio and television broadcasting,

d) cooperate with the Council for Radio and Television Broadcasting in it inspection activities,

e) inform the Council for Radio and Television Broadcasting of the issue of a decision in accordance with Section 19, 22a and 22b, with respect to radio frequencies for broadcasting services.

(4) The Office shall issue to the Council for Radio and Television Broadcasting, at its request11) an opinion, containing a diagram of the radio frequencies used for the required territorial coverage of radio or television broadcasting and details of any limitations on the use of these radio frequencies, if these are known in advance. A diagram of the use of radio frequencies means a graphical representation of the expected area of coverage of the radio or television broadcasting signal.

Inspection in Electronic Communications

Section 113

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(1) The Office shall carry out inspection in the electronic communications area.

(2) In performing inspection in electronic communications, the Office shall verify compliance with the obligations and conditions specified by this Act, and with implementing legal regulations, measures of general nature, decisions, and pricing decisions, as issued on the basis of this Act. The Office shall also inspect the utilisation of radio frequencies and numbers.

(3) During the inspection of the use of radio frequencies, the inspectors shall verify compliance with the conditions laid down in the allocation of radio frequencies, the general authorisation or an individual authorisation to use radio frequencies and the monitoring of radio frequencies. The monitoring of radio frequencies is generally carried out without giving prior warning to those persons using the radio frequencies that are to be monitored.

(4) If absolutely essential for the identification of persons using the radio frequencies, the inspectors performing inspection of radio frequencies through monitoring are entitled to learn the content of the messages being transmitted. Otherwise the inspection of the use of radio frequencies is carried out by monitoring without the tapping and recording of messages. Inspectors may not disclose the content of the messages being transmitted to any persons other than the sender or addressee of the messages being transmitted or a representative authorised by them, nor may they enable other persons to gain information about the content of the messages being transmitted.

(5) The method of determining the area covered by a television broadcast signal, using the method of determining the intensity of the electromagnetic fields and deriving the population covered by the television broadcast signal from this, is laid down in an implementing legal regulation.

(6) The method of determining the area covered by a terrestrial analogue radio broadcast signal in the frequency band 87.5 - 108 MHz and by a digital radio broadcast in the frequency bands 174 - 230 MHz and 1452 – 1479.5 MHz, using the method of determining the intensity of the electromagnetic fields and deriving the population covered by a radio broadcast signal from this, is laid down in an implementing legal regulation.

(7) Price inspection consists of:

a) discovering whether the seller or purchaser are in breach of the provisions of this Act or a pricing decision issued by the Office,

b) verification of the accuracy of the information submitted for the purpose of evaluating developments in prices, price regulations and for proceedings in respect of breaches of the provisions of this Act or a pricing decision issued by the Office.

(8) Authorisation to perform an inspection shall be in the form of a permit, whose template shall be set out in an implementing legal regulation.

(9) By numbers inspection, the Office shall ensure compliance with the conditions laid down for their use in this Act, its implementing legal regulations, measures of a general nature and decisions issued pursuant to this Act. Numbers inspection is generally carried out without warning the persons using these numbers to provide services or access to electronic communications networks.

Section 114

(1) If the Office learns that a person performing a communications activity under this Act (hereinafter referred to as a “liable person”) has failed to comply with the conditions or fails to comply with the special obligations specified in the general authorisation, the authorisation to use radio frequencies or the authorisation to use numbers, or has failed to fulfil the special obligations set out in Section 11 above, the Office shall invite that liable person to remove the irregularities identified within one month. The Office may prescribe a shorter period of time in the case of repeated breach of the conditions or obligations or in the event the liable person so agrees. In

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justified cases, the Office may prescribe a period longer than one month. The liable person shall immediately inform the Office of the removal of the irregularities identified.

(2) If the Office learns that the breach of the obligations and conditions specified in Subsection 1 above represents an immediate and serious threat to public order, the security of the state, or human health and safety, or if it represents a threat of serious economic or any other damage to other undertakings providing services or to users of the networks or electronic communications services, or to any other persons, the Office shall immediately issue a decision to apply remedial measures. These measures shall apply for a maximum of three months. If, during this period, the liable person has not remedied the situation, the validity of these measures may be extended for up to an additional three months.

(3) The Office may decide to interrupt or to terminate the provision of certain electronic communications services or a set of services if their provision might result in significant interference in economic competition, up to such time as the undertaking providing this service begins to fulfil the obligations imposed under Section 84 Subsection 1.

Provision of Information to the Office

Section 115

(1) The liable person shall submit to the Office, upon the Office’s request and within a reasonable period, in the form and scope stipulated, any complete and true information, including financial information, as well as data and supporting documentation, which are necessary for the Office to perform the activities for which it is responsible under this Act. The Office’s request shall also contain a justification, including an indication of the purpose for which the Office is requesting the information, data and supporting documentation. The Office shall not request more information than is reasonable for the purpose for which it is obtained.

(2) The liable person shall also submit to the Office information, data and supporting documentation in accordance with Subsection 1 above, which contain personal information, information subject to a trade secret or information protected in accordance with a special legal regulation48).

(3) Under the conditions specified in Subsection 1 above, the Office is entitled to request information, data and supporting documentation for:

a) a qualified estimated of the amount of the net costs of universal service (Section 39) and to calculate the net costs of providing a universal service,

b) inspection of compliance with the quality parameters and the fulfilment of the performance objectives of the universal service (Section 47),

c) inspection of compliance with the obligation to pay the fees set out in Section 133,

d) inspection of compliance with the special obligations set out in Section 11,

e) inspection of compliance with the obligations and conditions specified in the general authorisation, the authorisation to use radio frequencies or the authorisation to use numbers,

f) an evaluation of an application for the issue of an authorisation to use radio frequencies or an authorisation to use numbers,

g) the publication of comparative overviews of the quality and prices of electronic communications services in the interests of consumers,

h) a market analysis to ensure that the market is effectively competitive,

i) price regulation,

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j) resolution of disputes including, but not limited to, those relating to access and those concerning the billing of prices for the services provided,

k) inspection of compliance with the obligations laid down in the directly applicable regulations of the European Union5a),

l) ensuring the efficient use of radio frequencies and their purposeful administration,

m) collecting information on future developments in networks or services, including changes in network topology, if these could have an impact on the provision of services in a given wholesale market,

n) inspection of compliance with the obligations set out in Sections 98, 99 and Section 55 Subsection 1,

o) assessing the sharing of resources or assets in accordance with Section 84 Subsection 4, including information on the nature, availability and location of these resources.

(4) The Office shall not request that the information, data and supporting documentation, as referred to in Subsection 3, with the exception of Clause (g), be supplied by the undertaking before it starts its communications activities, or within the framework of the start-up conditions for such activities. The Office may only request the information referred to in Subsection 3 Clause (e) for the purposes of inspections performed upon the Office’s own initiative or in the event the Office receives a complaint or any other information about a breach of the required conditions.

(5) The Office is entitled to check the information, data and supporting documentation submitted in accordance with Subsections 1 to 3. In performing these checks, the Office shall proceed in accordance with a special legal regulation47).

(6) The Office shall protect the information, supporting documentation and data submitted by a liable person referred to in Subsections 1 to 3 against abuse.

(7) The provisions of Subsections 1 to 5 are without prejudice to the Office’s right to request information, data and supporting documentation on the basis of special legal regulations.

(8) The Office shall also collect any available information on the general subject-matter of appeals, the number of actions brought under Section 246 of the Civil Procedure Code and under the Administrative Procedure Code, the duration of the proceedings to decide these appeals and the number of decisions ordering interim measures, in electronic form. The Office shall provide this information to the Commission or BEREC in response to a justified request.

Volume 2

Cooperation with the Commission and the Respective National Bodies in the Member States

Section 116

(1) Within the range of its authority, the Ministry shall cooperate with the respective Ministries in the Member States and with the Commission, particularly in the areas of strategic planning, the coordination and harmonisation of the use of the radio spectrum and, in relation to the Commission, it shall fulfil its notification and reporting obligations in areas falling within the range of its authority.

(2) Within the range of its authority, the Ministry shall represent the Czech Republic on the advisory bodies and Committees of the Commission.

(3) The Ministry shall respect the confidentiality of any information it receives as confidential from the bodies of the Member States.

Section 117

(1) Within the range of its authority, the Office shall cooperate with the respective national

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regulatory bodies in the Member States. The Office shall also, within the range of its authority, take part in meetings of the appropriate advisory bodies and Committees of the Commission and with the BEREC. The Office shall primarily cooperate with the entities referred to in this Subsection in the areas of strategic planning, coordination and harmonisation of the use of the radio spectrum.

(2) In relation to the Commission, the Office shall ensure that the notification and reporting obligations are fulfilled in respect of matters falling under its authority, in particular it shall provide the Commission with information about the implementation of the applicable legislation of the European Union regulating the electronic communications area, its annual report and other information as the Commission may request.

(3) The Office is entitled to provide information available to it to a regulatory body in another Member State on the basis of such a regulatory body’s justified request. The Office shall respect the confidentiality of the information obtained as confidential from other regulatory bodies, including the regulatory bodies of the Member States.

(4) If the Office delivers to the Commission any information it has previously requested from an undertaking, it shall immediately inform the undertaking to that effect.

TITLE VII

Administrative Offences

Section 118

Administrative Offences of Legal Entities and Natural Persons who are Undertakings

(1) Legal entities and natural persons who are undertakings commit an administrative offence if they:

a) do business in the area of electronic communications in contradiction with Section 8,

b) violate any of the conditions of the general authorisation in accordance with Section 10 Subsection 1,

c) fail to notify the Office in advance of the commencement of communications activities or any change to the data indicated in such a person’s notification of communications activities, or fails to notify the Office of its termination of communications activities, in violation of Section 13,

d) use radio frequencies, which require an authorisation to use radio frequencies in accordance with Section 17 Subsection 1 for their use, without authorisation,

e) use a number in violation of the numbering plan under Section 29 Subsection 1,

f) use a number without an authorisation to use numbers in accordance with Section 30 Subsection 1, or in contradiction with this provision,

g) use data from the database for a purpose other than that stipulated in Section 33 Subsection 3,

h) use a gateway in contradiction with Section 83 Subsection 4,

i) in violation of Section 93, use an electronic mail address to send a message or messages to third parties without the consent of the holder of the electronic mail address,

j) use an electronic communications network or service in violation of Section 96 Subsections 1 or 2,

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k) in contradiction with Section 96 Subsection 3, as an undertaking providing a directory enquiry service for subscriber numbers or other similar data, provides subscriber data that is not contained in the public directory,

l) fails to fulfil any of the conditions of a measure of general nature issued by the Office in accordance with Section 9 Subsection 2, Section 16 Subsection 2, Section 34 Subsection 4, Section 47 Subsection 3, Section 62 Subsection 3, Section 70 Subsection 3, Section 71 Subsection 3, Section 82 Subsection 4, Section 85 Subsection 6 or Section 86 Subsection 3 when performing communications activities,

m) as the holder of an authorisation to use numbers, failed to report a change in the circumstances on the basis of which this authorisation was granted, in violation of Section 32 Subsection 3,

n) as the successor in law of a person who was the holder of an allocation of radio frequencies, failed to notify his/her succession in violation of Section 22c Subsection 3 or Section 22d Subsection 2,

o) contrary to Section 73 Subsection 2, put into operation or operate a device that does not meet the technical requirements,

p) violate any of the prohibitions applying to the protective zone of underground lines in accordance with Section 102 Subsection 3,

q) violate any restrictions or conditions for the protection of a protective zone for an aboveground communications line set out in a decision by the competent Building Authority in accordance with Section 102 Subsection 5, or a protective zone for radio equipment and microwave links set out in a decision by the competent Building Authority in accordance with Section 103 Subsection 1, or

r) contrary to Section 102 Subsection 4, they perform an activity in the protective zone of an underground communications line which prevents or significantly impedes access to such a line, or which might jeopardise the safety and reliability of its operation, without the prior consent of the owner of the line.

(2) A legal entity or natural person who is an undertaking, as the holder of an authorisation to use radio frequencies in accordance with Section 17 Subsection 1, commits an administrative offence if it:

a) uses radio frequencies in breach of this authorisation,

b) contrary to Section 19 Subsection 7 does not ensure the termination of operations of transmitting radio stations immediately after expiry of this authorisation,

c) contrary to Section 18 Subsection 5 it failed to provide notification of a change in the facts on the basis of which it was granted the authorisation,

d) as the holder of an authorisation to use radio frequencies, fails to inform the Office of the lease of such an authorisation in accordance with Section 19a Subsection 4,

e) leases this authorisation in contradiction with Section 19a Subsection 1, or

f) contrary to Section 26 Subsection 2, fails to ensure that the maintenance of the transmitting radio equipment is only performed by a person who has a valid certificate of professional competence.

(3) A legal entity or natural person who is an undertaking, as the holder of an authorisation to use radio frequencies for experimental purposes in accordance with Section 19b, commits an administrative office if it:

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a) contrary to Section 19b Subsection 11, it failed to provide notification of a change in the facts on the basis of which it was granted the authorisation, or

b) fails to provide the Office with the information specified in Section 19b Subsection 14.

(4) A legal entity or natural person who is an undertaking , as the operator of a facility whose operations produce high-frequency energy, commits an administrative offence if it:

a) contrary to Section 100 Subsection 1, fails to ensure that the high-frequency energy from these facilities does not cause interference with the operation of electronic communications equipment and networks or interference with the provision of electronic communications services or the operation of radiocommunications services, or

b) contrary to Section 100 Subsection 3, failed to provide suitable protective measures if there is interference with the operation of electronic communications equipment, network the provision of electronic communications services or the operation of radiocommunications services.

(5) A legal entity or natural person who is an undertaking, as a liable person commits an administrative offence if it:

a) contrary to Section 114 Subsection 1, fails to remove identified the deficiencies within the time limit, or fails to inform the Office immediately of their removal, or

b) fails to submit the information, data or supporting documentation requested by the Office under Section 115.

(6) An undertaking commits an administrative office if it:

a) contrary to Section 23 Subsection 1, concludes a contract to transfer an allocation without the Office’s consent,

b) discriminates against another undertaking providing an electronic communications service in terms of the number series used to access its services in accordance with Section 30 Subsection 10,

c) fails to comply with the obligation to use standards, specifications and recommendations in accordance with Section 62 Subsections 1 or 2,

d) uses the information provided in contradiction with its intended purpose or fails to maintain its confidentiality in accordance with Section 81 Subsection 2,

e) fails to submit to the Office the complete text of a contract or its amendments and additions in accordance with Section 80 Subsection 3, or

f) contrary to Section 80 Subsection 5, fails to inform a rejected undertaking of its rejection or fails to provide reasons for such rejection or fails to send this information to the Office, or

g) contrary to Section 30 Subsection 11, concludes a contract to transfer an authorisation to use numbers without the Office’s consent.

(7) A holder of an authorisation to use numbers commits an administrative offence if it:

a) fails to carry out technical adjustments on the change of a numbering plan in accordance with Section 29 Subsection 3, or

b) if, immediately after the expiration of the authorisation to use numbers, it fails to ensure that the use of numbers based on such an authorisation was terminated in accordance with Section 36 Subsection 8.

(8) An undertaking providing a publicly available telephone service commits an administrative offence if it:

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a) fails to provide users with uninterrupted access to emergency numbers or to European harmonised numbers in accordance with Section 61 Subsection 3, or fails to allow its subscribers free calls to these numbers in accordance with Section 69 (c),

b) fails to comply with the obligation in respect of call forwarding in accordance with Section 94 Subsection 1,

c) fails to provide information from the database of subscribers in accordance with Section 97 Subsection 5,

d) violates the obligation to provide calls to European harmonised numbers in accordance with Section 33a Subsection 1,

e) fails to provide information to subscribers and users in accordance with Section 33a Subsection 2,

f) does not keep a current database of all its subscribers and available data on prepaid cards in accordance with Section 61 Subsection 4,

g) fails to pass on personal or identification data it has available for directory enquiry and operator services in accordance with Section 66 Subsection 1,

h) fails to provide a service to identify malicious or annoying calls in accordance with Section 67,

i) fails to comply with the obligation referred to in Section 69 (a) or (b),

j) as an undertaking providing a publicly available telephone service through a public mobile telephone network, fails to comply with the obligations referred to in Section 75 Subsections 1 or 3,

k) violates the obligation with respect to displaying subscriber numbers in accordance with Section 92,

l) fails to pass on information on subscribers for the purposes of maintaining telephone directories or for the purposes of a directory enquiry service in accordance with Section 41 Subsection 3, or

m) fails to ensure the connection of all international calls to the European Telephone Numbering Area in accordance with Section 61 Subsection 6.

(9) An undertaking providing a public telephone network commits an administrative offence if it:

a) fails to comply with the obligation in respect of call forwarding in accordance with Section 94 Subsection 1, or

b) fails to allow all end users of a public telephone network access to operator services and to at least one directory enquiry service in accordance with Section 66 Subsection 2.

(10) A universal service provider commits an administrative offence if it:

a) does not allow subscribers a reasonable level of control over their expenditure in accordance with Section 44 Subsection 4,

b) does not apply a single price or fails to respect prices determined by the Office in accordance with Section 45 Subsection 2,

c) fails to meet the limit values for quality parameters or performance objectives for individual services in accordance with Section 47 Subsection 1,

d) fails to public information in accordance with Section 54 Subsection 1 (a) or does not extend the Office’s current prices in accordance with Section 54 Subsection 1 (b),

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e) fails to keep separate cost and revenue accounting in accordance with Section 86 Subsection 1,

f) fails to submit the results of the separate accounting records for audit in accordance with Section 86 Subsection 4,

g) fails to publish the findings of the audit of the results of accounting records in accordance with Section 86 Subsection 4,

h) fails to providing supporting material for price calculations in accordance with Section 86 Subsections 5 or 6,

i) fails to submit annual results of the separate records or accounting data in accordance with Section 86 Subsection 7,

j) fails to inform the user, or belatedly informs the user, of its inability to fulfil the obligations referred to in Section 40 Subsection 1 or Subsection 3, or fails to inform the user or belatedly informs the user of an alternative time limit in accordance with Section 40 Subsection 6 to fulfil the obligation referred to in Section 40 Subsections 1 or 3,

k) fails to treat information concerning subscribers in a non-discriminatory manner in accordance with Section 41 Subsection 3,

l) fails to publish or to submit to the Office the information referred to in Section 47 Subsection 2,

m) fails to allow end users to make national and international calls, facsimile communications and data transmission at speeds sufficient for functional Internet access in accordance with Section 40 Subsection 5,

n) fails to fulfil any of the obligations referred to in Section 41 Subsection 1,

o) publishes identification data without the consent of the subscriber, or does not enable exclusion from publication, amendment, verification or removal of identification data from the subscriber directory to be carried out free of charge, in contradiction with Section 41 Subsection 6,

p) fails to ensure free access for end users in accordance with Section 42 Subsection 2,

q) contrary to Section 39 Subsection 14, fails to provide prior notification that it intends to convert its network for the provision of connection services at a fixed location to a public communications network and access at a fixed location to a publicly available telephone service, or a substantial part thereof, to another legal entity, or

r) fails to provide disabled persons with access to a publicly available telephone service in accordance with Section 43 Subsection 1.

(11) An undertaking with significant market power commits an administrative offence if it:

a) fails to negotiate prices in accordance with Section 55 Subsection 1 or 3,

b) contrary to Section 60 Subsection 1, fails to demonstrate to the Office that the prices applied are cost-oriented,

c) fails to keep separate cost and revenue records in accordance with Section 86 Subsection 1,

d) applies prices that do not reflect real costs, taking into account the rate of return on investment, or that do not comply with the method of keeping separate cost records in accordance with Section 86, although it is subject to an obligation to ensure prices are cost-oriented,

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e) fails to respect the obligation with respect to access imposed by the Office in accordance with Section 84 Subsection 2,

f) refuses a draft contract for access or connection in contradiction with Section 84 Subsection 7,

g) fails to request the Office’s consent to its refusal of a draft contract in accordance with Section 84 Subsection 8,

h) fails to submit information to the Office in accordance with Section 86b Subsection 1,

i) fails to publish a reference offer for metallic local loop unbundling with the particulars and conditions laid down in accordance with Section 85,

j) fails to public a reference offer for the use of and access to specified network elements and allocated facilities in accordance with Section 84 Subsection 3,

k) fails to apply prices in accordance with the obligation imposed under Section 51 Subsection 5 (f),

l) fails to fulfil obligations imposed in accordance with Section 51 Subsections 5 (a) to (e), 6, 7 or 12,

m) uses information provided by another undertaking before, during or after the signature of the access contract or network interconnection contract, or handles such information in contradiction with Section 81 Subsection 2,

n) fails to submit the results of its separate records for audit in accordance with Section 86 Subsection 4,

o) fails to publish the findings of the audit of the results of the separate records in accordance with Section 86 Subsection 4,

p) fails to provide supporting material for price calculations in accordance with Section 86 Subsections 5 or 6,

q) fails to submit annual results of the separate records or accounting information in accordance with Section 86 Subsection 7.

(12) An undertaking providing a publicly available electronic communications service commits an administrative offence if it:

a) fails to fulfil any obligation to provide protection for data and to ensure confidentiality of communications in accordance with Section 88 Subsections 1, 2, 4, 5 or 6,

b) fails to proceed in accordance with Section 64 Subsection 12,

c) fails to inform a subscriber or user of the processing of traffic data in accordance with Section 90 Subsection 8, with the exception of personal data,

d) processes traffic data contrary to Section 90 Subsection 6,

e) fails to provide the user with information in accordance with Section 94 Subsection 2,

f) fails to ensure that end users from other Member States have access to non-geographical telephone numbers on the territory of the Czech Republic in accordance with Section 35,

g) fails to publish information in accordance with Section 54 Subsection 1 (a) or fails to submit current prices to the Office in accordance with Section 54 Subsection 1 (b),

h) fails to inform end users of the introduction of a special mode for calls between border regions in accordance with Section 29 Subsection 2,

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i) fails to provide an uninterrupted electronic communications service in accordance with Section 61 Subsection 1 at a level of quality pursuant to Section 71,

j) fails to respond to a claim on prices billed or the service provided in accordance with Section 64 Subsection 10 or fails to refund the difference in price in accordance with Subsection 11,

k) fails to provide billed prices for the services provided in accordance with Section 64 Subsection 2, 4, 5 or 6,

l) fails to provide prior notification in a demonstrable manner to a subscriber as a result of non-payment of telephone bills in accordance with Section 65 Subsection 1,

m) takes action in response to late payment or non-payment of a telephone bill by a subscriber in contradiction with Section 65 Subsections 2 or 3,

n) contrary to the directly applicable legislation of the European Union regulating roaming on public mobile communications networks within the Union 65)

1. fails to set prices for providing electronic communications services,

2. fails to provide electronic communications services under the specified conditions,

3. fails to ensure the transparency of retail roaming prices,

4. fails to introduce the separate sale of roaming services under the specified conditions, or

5. fails to carry out the separate sale of roaming services, or

o) contrary to the directly applicable legislation of the European Union regulating the separate sale of regulated retail roaming services within the Union66)

1. introduces a technical solution for the separate sale of roaming services other than in the specified manner, or

2. fails to provide information to the users.

(13) An undertaking providing a public communications network commits an administrative offence if it:

a) fails to comply with any of the obligations with respect to the distribution of widescreen television services and programmes in accordance with Section 68 Subsection 1,

b) fails to comply with any of the obligations referred to in Section 69,

c) fails to publish, or fails to inform the Office, in the manner, scope and within the time limits stipulated in Section 73 Subsections 7 and 8, the types of interfaces if offers for the connection of apparatus and their technical specification, or changes in those technical specifications,

d) fails to ensure immediate and free remote access to the database and the re-transmission of data in accordance with Section 33 Subsection 3 (b),

e) refuses to connect, cuts off or puts out of operation apparatus without the authorisation of the Office in accordance with Section 74 Subsection 5 or cuts off an apparatus without complying with the conditions laid down in Section 74 Subsection 6,

f) fails to fulfil the obligation to distribute designated radio and television programmes and to provide services associated thereto in accordance with Section 72 Subsection 1,

g) fails to negotiate mutual access in accordance with Section 79 Subsection 1, although it was so requested by another undertaking which notified its business activities in accordance with Section 13,

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h) fails to establish or maintain a current database of subscribers, including its subscribers, in accordance with Section 33 Subsection 3 (a),

i) fails to disable access from its network to a public communications network by telecommunications terminal equipment from which malicious calls have been made in accordance with Section 33 Subsection 9,

j) fails to comply with the obligation to share imposed by the Office in accordance with Section 84 Subsection 4,

k) fails to comply with any of the obligations referred to in Section 104 Subsection 7,

l) does not allow the connection of telecommunications terminal equipment to an interface in accordance with Section 73 Subsection 6, or

m) fails to comply with the obligation relating to the obligation to enable wholesale roaming access under the conditions laid down in the directly applicable legislation of the European Union on roaming on public mobile communications networks within the Union 65).

(14) An undertaking providing a public communications network or a publicly available electronic communications service commits an administrative offence if it:

a) fails to negotiate prices in accordance with Section 55 Subsection 1 or 3,

b) fails to provide or secure interfaces at specified points of the network to connect terminal equipment for message tapping and recording in accordance with Section 97 Subsection 1,

c) contrary to Section 97 Subsection 3, fails to store traffic and location data, to make it available to an authorised body, fails to destroy it on expiry of the storage time or fails to ensure that message content has not been stored or that such stored data has not been further distributed,

d) fails to ensure that messages and the traffic and location data related thereto are comprehensible in accordance with Section 97 Subsection 6,

e) violates the duty of confidentiality pursuant to Section 97 paragraph 8,

f) fails to keep records in accordance with Section 97 Subsection 10 or fails to hand these records over in accordance with Section 97 Subsection 11,

g) fails to inform the Office or users in the scope and manner stipulated in Section 98 Subsection 4,

h) fails to ensure the security and integrity of its network and the security of the services it provides, in accordance with Section 98 Subsection 1,

i) fails to fulfil any of the obligations to ensure the security and integrity of its network and the interoperability of the services provided in accordance with Section 99 Subsection 1, 2 or 4,

j) as an undertaking, which possesses special or exclusive rights in respect of the provision of services in other industries in the Czech Republic or in another European Union Member States, fails to keep separate cost and revenue accounting in accordance with Section 86 Subsection 8 (a) or structurally separate its activities in accordance with Section 86 Subsection 8 (b),

k) jeopardises the confidentiality of messages and the traffic and location data related thereto by breaching any of the obligations referred to in Section 89 Subsection 1 or Section 91 Subsections 2, 3 or 4,

l) initiates the transfer of telephone numbers, without this being requested by the subscriber,

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m) fails to provide the possibility for subscribers to a publicly available telephone service to retain their telephone number in accordance with Section 34 Subsection 1,

n) contrary to Section 34 Subsection 4, exceeds the time limit for number porting laid down in a measure of general nature, or, contrary to Section 34 Subsection 5, fails to provide a publicly available electronic communications service to a subscriber during the process of transferring the telephone number to another number, within the period of a single working day,

o) fails to fulfil the obligation to inform the user of the price for calling a premium price number imposed on it by the Office in accordance with Section 35 Subsection 2,

p) fails to fulfil the obligation to bar access to numbers or services imposed on it by the Office in accordance with Section 35 Subsection 3,

q) fails to fulfil the obligation to withhold payments in accordance with Section 35 Subsections 3 or 4,

r) fails to publish in each of its commercial facilities and in a manner enabling remote access for end users a draft contract in accordance with Section 63 Subsection 2,

s) fails to disclose information in accordance with Section 63 Subsection 3,

t) fails to allow users to conclude a contract in accordance with Section 63 Subsection 4,

u) fails to amend the contract or fails to amend the published draft contract within the time limit set in accordance with Section 63 Subsection 5,

v) fails to notify a subscriber of amendments to the contract or of his/her right to withdraw from the contract without penalty within the time limit stipulated in the legislation in accordance with Section 63 Subsection 6,

w) concludes a contract with a subscriber or a user in contradiction with Section 63 Subsection 7,

x) fails to fulfil the obligation to publish a summary of the current prices, quality and conditions of the publicly available electronic communications services it provides and measures adopted for the purpose of ensuring equal access for disabled users imposed by the Office in accordance with Section 71 Subsection 1,

y) jeopardises the confidentiality of messages and the traffic and location data related thereto by breach of any of the obligations referred to in Section 90 Subsections 2, 3, 4 or 5,

z) fails to restrict the processing of data in accordance with Section 90 Subsection 9, or

aa) fails to undergo a safety audit or to submit data to the Office in accordance with Section 98 Subsection 6,

ab) fails to provide all the information referred to in Section 63 Subsection 1 in the contract to provide a publicly available electronic communications service or to ensure a connection to a public communications network, or the information provided is in conflict with this provision,

ac) fails to provide the consumer with information in accordance with Section 63 Subsections 9 or 10,

ad) applies conditions for terminating a fixed term contract contrary to Section 63 Subsection 11.

(15) An undertaking providing a public communications network or a publicly available electronic communications service also commits an administrative offence if it fails to comply with any of the obligations to ensure data protection in accordance with Section 88a Subsections 1 or 2.

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(16) An undertaking providing a service for the transmission of protected content commits an administrative offence if it:

a) fails to offer all operators of radio and television broadcasting services in accordance with Section 83 Subsection 5,

b) fails to keep separate cost and revenue accounting in accordance with Section 86 Subsection 2,

c) fails to submit the results of the separate records for audit in accordance with Section 86 Subsection 4,

d) fails to publish the findings of the audit of the results of the separate records in accordance with Section 86 Subsection 4,

e) fails to provide supporting documentation for the price calculation in accordance with Section 86 Subsections 5 or 6,

f) fails to submit the annual results of the separate records or the accounting data in accordance with Section 86 Subsection 7.

(17) An undertaking providing a service for the transmission of radio and television broadcasting commits an administrative offence if it:

a) fails to negotiate the conclusion of an agreement in accordance with Section 72a Subsection 2,

b) fails to conclude an agreement in accordance with Section 72a Subsection 3, or

c) fails to draft of to publish a draft agreement, including general contractual terms and conditions in accordance with Section 72b Subsection 1.

(18) The holder of an authorisation to use radio frequencies for terrestrial digital radio and television broadcasting commits an administrative offence if it:

a) fails to ensure the provision of an electronic programme guide service in accordance with Section 83 Subsection 9 (b),

b) fails to enable the transmission of radio and television programmes in accordance with Section 83 Subsection 9 (a), or

c) does not use the allocated radio frequency in accordance with Section 83 Subsection 9 (c).

(19) An undertaking providing an electronic communications network for terrestrial digital television broadcasting or an undertaking providing a service for the transmission of radio and television broadcasting in this network commit an administrative offence if they fail to provide the Office with information on spare datastream capacity in accordance with Section 72c.

(20) An undertaking providing a service for the transmission of digital radio and television broadcasting commits an administrative offence if it fails to provide a service for the transmission of services directly relating to the programme in its network, in accordance with Section 83 Subsection 8.

(21) An undertaking providing a publicly available electronic communications service for the origination of national calls commits an administrative offence if it:

a) violates the obligation to allow calls to emergency numbers free of charge in accordance with Section 33 Subsection 1 or fails to provide subscribers’ personal or identification data for the location or, if necessary, the identification of the caller in accordance with Section 33 Subsection 2, or

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b) fails to inform the public of the existence and use of emergency numbers in accordance with Section 33 Subsection 5.

(22) An administrative offence under Section 118 shall incur a fine of up to:

a) CZK 2,000,000 in the case of an administrative offence under Section 1 (n) to (r), Subsection 2 (f), Subsection 3 (b), Subsection 5 or Subsection 6 (g),

b) CZK 10,000,000 in the case of an administrative offence user Section 1 (m), Subsection 2 (c) to (e), Subsection 3 (a), Subsection 8 (d) to (m), Subsection 10 (j) to (r), Subsection 12 (f) to (o), Subsection 13 (i) to (m), Subsection 14 (k) to (ad) or Subsection 15,

c) CZK 20,000,000 in the case of an administrative offence under Subsection 1 (a) to (l), Subsection 2 (a), (b), Subsection 4, Subsection 6 (a) to (f), Subsection 7, Subsection 8 (a) to (c), Subsection 9, Subsection 10 (a) to (i), Subsection 11, Subsection 12 (a) to (e), Subsection 13 (a) to (h), Subsection 14 (a) to (j), Subsections 16, 17, 18, 19, 20 or 21.

Section 119

Contraventions

(1) A natural person may commit a contravention by:

a) making malicious calls,

b) violating any of the conditions of a general authorisation in accordance with Section 10 Subsection 1,

c) using radio frequencies, the use of which requires an authorisation to use radio frequencies in accordance with Section 17 Subsection 1, without such authorisation,

d) contrary to Section 26 Subsection 2, operating any of the radio transmission equipment referred to in Section 26 Subsection 1 without a valid professional competence certificate to operate such equipment,

e) making malicious calls to an emergency number,

f) claiming special prices in accordance with Section 38, although he is not a person with special social needs, or although he is not a person who has been awarded the special prices in question,

g) contrary to Section 73 Subsection 2, commissioning or operating apparatus that does not meet the technical requirements,

h) contrary to Section 93, using an electronic mail address to send a message or messages to third parties without the consent of the holder of the electronic mail address,

i) contrary to Section 96 Subsection 1, offering marketing advertising or any other method of offering goods or services to a subscriber or user who has stated that he does not wish to be contacted for marketing purposes,

j) breaching any of the prohibitions in the protective zone of an underground communications line in accordance with Section 102 Subsection 3,

k) breaching a restriction or condition of protection of the protective zone of an aboveground communications line laid down in a decision by the competent Building Authority in accordance with Section 102 Subsection 5, or the protective zone of radio equipment or a microwave link, laid down in a decision by the competent Building Authority in accordance with Section 103 Subsection 1,

l) contrary to Section 102 Subsection 4, carrying out an activity in the protective zone of an underground communications line which prevents or significantly impedes access to that

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line, or which might jeopardise the safety and reliability of its operation, without the prior consent of the owner of the line, or

m) failing to comply with any of the conditions of a measure of general nature issued by the Office in accordance with Section 9 Subsection 2, Section 16 Subsection 2, Section 34 Subsection 4, Section 47 Subsection 3, Section 62 Subsection 3, Section 70 Subsection 3, Section 71 Subsection 3, Section 82 Subsection 4, Section 85 Subsection 6 and Section 86 Subsection 3 when carrying out communications activities.

(2) A natural person as the holder of an authorisation to use radio frequencies in accordance with Section 17 Subsection 1, commits a contravention by:

a) using radio frequencies in breach of this authorisation,

b) contrary to Section 18 Subsection 5, failing to notify a change in the facts on the basis of which this authorisation was granted to him/her,

c) contrary to Section 19 Subsection 7, failing to terminate the operation of radio transmitting stations immediately after the expiration of this authorisation.

(3) A natural person as the holder of an authorisation to use radio frequencies for experimental purposes in accordance with Section 19b commits a contravention by:

a) contrary to Section 19b Subsection 11, failing to notify a change in the facts on the basis of which this authorisation was granted to him/her, or

b) failing to provide information to the Office in accordance with Section 19b Subsection 14.

(4) A natural person, as a person who was granted a special price, may commit a contravention by failing to inform an undertaking which was subjected to an obligation to provide special prices of all the facts influencing the provision of special prices, contrary to Section 38 Subsection 7.

(5) A natural person, as the operator of a facility whose operations produce high-frequency energy, commits a contravention by:

a) contrary to Section 100 Subsection 1, failing to ensure that the high-frequency energy from this facility does not cause interference with the operation of electronic communication facilities and networks, or interference with the provision of electronic communications services or the operation of radiocommunications services, or

b) contrary to Section 100 Subsection 3, failing to adopt suitable protective measures in the event of interference to the operations of electronic communications facilities, networks, the provision of electronic communications services or the operation of radiocommunications services.

(6) A natural person, as a liable person, commits a contravention by:

a) contrary to Section 114 Subsection 1, failing to remove identified the deficiencies within the time limit, or failing to inform the Office immediately of their removal, or

b) failing to submit the information, data or supporting documentation requested by the Office in accordance with Section 115.

(7) A fine of up to CZK 100,000 may be imposed for a contravention under Subsection 1 (a) to (d) and (f) to (m) and for a contravention under Subsections 2 to 6. A fine of up to CZK 200,000 may be imposed for a contravention under Subsection 1 (e).

Section 120

(1) Administrative offences and contraventions specified herein shall be dealt with in the first instance by the Office.

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(2) Fines shall be levied and collected by the Office.

(3) The fine for an administrative offence under this Act shall be doubled, to a maximum amount of CZK 40,000,000 if the same administrative offence is committed repeatedly. An administrative offence is committed repeatedly if less than two years have passed since the day on which the decision to impose a fine for the same administrative offence came into force.

(4) In determining the amount of the fine imposed on a legal entity, account will be taken of the seriousness of the administrative offence, particularly the way it was committed, its consequences and the circumstances under which it was committed.

(5) The liability of a legal entity for an administrative offence lapses if the administrative authority has not initiated proceedings within three years from the date on which it learned of the offence, and at the latest within ten years of the date on which it was committed.

(6) A legal entity shall not be held liable for an administrative offence if it can prove that it made every effort that could possibly be expected to prevent the breach of its legal obligations.

(7) The provisions of the law on liability and sanctions for legal entities shall apply to the liability for conduct that occurred during business activities conducted by a natural person, or in direct connection thereto.

Section 121

repealed

TITLE VIII

Procedural Provisions

Volume 1

General Procedural Provisions

Section 122

Relation to the Rules of Administrative Procedure

(1) In the case of price regulation in the retail market, end users are not parties to the proceedings.

(2) The Office may impose a disciplinary fine of up to CZK 100,000 for delays in the proceedings.

(3) In proceedings with a higher number of participants, the Office shall deliver written matter to the participants through a public notice, with the exception of a delivery of summons or the delivery of decisions in the matter itself. The deadline for raising objections to the concept of the statements of law and the justification for the ruling and to submit proposals to extend the proceedings may not be shorter than ten days.

(4) Fulfilment of an obligation imposed on an undertaking with significant market power or on an undertaking under Section 33 Subsection 8, Section 38 Subsection 2, Section 38 Subsection 3, Section 51 Subsections 5, 6, 7 and 12, Section 57 Subsections 1 and 4, Section 60 Subsection 2, Section 61 Subsection 2, Section 63 Subsection 5, Section 69a, Section 69b, Section 70, Section 71 Subsection 1, Section 72 Subsection 1, Section 74 Subsection 1, Section 79 Subsection 2, Section 82, Section 83 Subsection 7, Section 84, Section 86 Subsections 2 and 5, Section 100 Subsection 7 and Section 114 Subsections 2 and 3 may be enforced by coercive fines up to a total amount of CZK 10,000,000.

(5) In a case where this Act provides that the Office, the Council Chairman or the Council shall

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modify or may modify the ruling made, the Office, the Council Chairman or the Council shall initiate new proceedings and issue a new ruling on the case48b).

Section 123

Remedies

(1) The Council Chairman shall decide on the appeal against a decision, if such a decision was not made by the Council Chairman in the first instance.

(2) If the Council Chairman decided in the first instance, he shall not vote when the decision is being made about the appeal.

Section 124

Measures of General Nature

(1) Measures of general nature are binding on both the legal entity and natural persons performing communications activities in accordance with Section 7. Settlement of the comments from consultations based on Sections 130 and 131 shall constitute part of the justification of the measure of general nature.

(2) A measure of general nature shall enter into effect on the fifteenth day after the date of its publication in the Telecommunications Bulletin, unless the Office determines a later effective date. An earlier effective date for a measure of general nature (but not earlier than the date of publication) may be prescribed if so required in the public interest.

Section 125

Publication

(1) Measures of general nature, decisions, information and any other documents or facts which the Office is required to make public in accordance with this Act, shall be published by the Office to the extent indicated in Subsections 2 and 3 above in the Telecommunications Bulletin or on the Office’s official electronic bulletin board, and shall be published in a manner allowing for remote access. The date of their publication in the Telecommunications Bulletin if the date of issue of the relevant section of the Telecommunications Bulletin, indicated in its heading, through the public administration portal49).

(2) The Office shall publish the following information in the Telecommunications Bulletin:

a) the full text of measures of general nature and any changes thereto or cancellation thereof,

b) the full text of pricing decisions and any change thereto or cancellation thereof,

c) results of analyses of relevant markets (Section 51),

d) announcements, amendments, the termination and results of tender proceedings held on the basis of this Act,

e) communications on decisions issued by the Office referred to in Subsection 3 (a),

f) network plans (Section 62).

The Office shall also publish communications concerning corrections of misprints in the Telecommunications Bulletin.

(3) The Office shall immediately publish the following on the electronic bulletin board:

a) the full text of the Office’s decisions in respect of disputes between persons performing communications and the Office’s decision referred to in Section 107 Subsection 8 (b) points 3 to 5,

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b) the full text of the Office’s decisions in respect of disputes between a person performing communications activities and a subscriber or user, in cases where the subject-matter of the dispute related to a larger number of subscribers or users,

c) information, other documents and facts as may relate to this Act.

(4) The Office shall publish, in particular, information concerning:

a) the rights, duties, conditions, procedures and fees relating to a general authorisation and an individual authorisation to use radio frequencies and an authorisation to use numbers,

b) special obligations imposed on entities under Section 11,

c) the determination of relevant markets in accordance with Section 52.

(5) The Office shall also publish information concerning the procedures and conditions related to the rights of construction of electronic communications networks in accordance with a special regulation41) and information concerning networks for radio services in accordance with a special legal regulation11).

(6) If the information referred to in Subsection 4 (a) and Subsection 5 available from different public administration authorities, the Office shall create a summary of the availability of such information for users, including information on the relevant public administration authorities.

(7) The Office shall see to it that any information is published in a clear and user-friendly manner, and continuously updated.

(8) The Office shall not publish data to which confidentiality5) arrangements apply or which are prevented from publication by a special legal regulation34), 48), including, but not limited to, information on undertakings, their business relations and their cost units. This is not to the prejudice of publishing information about the conditions relating to the granting of rights to use the radio spectrum, unless such information is confidential in nature.

(9) The provisions of Subsection 8 above are not to the prejudice of the fulfilment of the Office’s obligation to provide information to authorised bodies.

Section 126

The Telecommunications Bulletin

(1) The Telecommunications Bulletin is a collection of the documents of administration authorities in the electronic communications area.

(2) The name "Telekomunikační věstník" (Telecommunications Bulletin) may only be used to denote the Telecommunications Bulletin in accordance with this Act.

(3) The form of the Telecommunications Bulletin, the method of publication of information referred to in Section 125 Subsection 2 and the method of its delivery for publication shall be indicated in an implementing legal regulation.

Volume 2

Resolution of Disputes

Chapter 1

Resolution of Disputes between Persons Performing Telecommunications Activities

Section 127

(1) The Council Chairman shall resolve disputes between persons performing telecommunications activities (Section 7) or between these persons and other undertakings operating in another Member State, for whose benefit an obligation to provide access or a

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connection exists on the basis of a motion files by any of the Parties to the dispute, as far as the dispute is related to obligations imposed by this Act or on the basis thereof. An administrative fee is charge for the filing of a motion. The deadline for the issue of a decision is four months, in extremely complex cases six months.

(2) The Council Chairman is entitled to impose a disciplinary fine of up to CZK 100,000 on a person who fails without excuse, or fails repeatedly, to appear at duly notified oral proceedings or who fails to cooperate. Such a fine may be so imposed repeatedly.

(3) The Office shall publish its decision in respect of a dispute.

(4) The Council Chairman shall award to the party who fully succeeded in the proceedings compensation for the costs required for effective application of the law, or the defence thereof, against the losing party to the proceedings. In the event that a party succeeded only partially in the proceedings, the Council Chairman may split the compensation for the costs on a pro rata basis, or may decide that neither of the parties is entitled to such compensation. Even in a case where a party has only partially succeeded, the Council Chairman may award full compensation for such costs, provided that such a party was only unsuccessful in a negligible part of the proceedings or that the decision on the amount of the performance depended on an expert opinion or was at the discretion of the Council Chairman. The Council Chairman may also grant a party full compensation for the costs of the proceedings in a case where a motion that was reasonably filed by the first party was withdrawn on the basis of the behaviour of the other party to the proceedings.

(5) In the event that a regulatory body of another Member State is simultaneously a relevant body in a dispute, the Council Chairman shall proceed in accordance with this Act and in cooperation with the regulatory body of the other Member State. The Council Chairman is only entitled to refuse to resolve disputes under Section 128 below if the regulatory body of the other Member State so agrees. The Office may consult the material issues involved in the dispute with the BEREC.

(6) Disputes resolved under the procedure set out in Subsections 1 to 4 above may be resolved under an arbitration agreement in accordance with the Act on Arbitral Proceedings and Enforcement of Arbitral Awards, provided the dispute concerns compulsory payments.

Section 128

Refusal to Decide a Dispute

(1) The Office is entitled to refuse to resolve a dispute in accordance with Section 127, if, having conducted oral proceedings with the participation of all parties to the proceedings, the Office concludes that other methods of addressing the matter could better contribute to a timely resolution of the dispute in accordance with Section 5 Subsections 2 to 4. The Office shall issue a decision in respect of the refusal to resolve the dispute. No remedy may be sought against such a decision.

(2) In the event that a dispute is not resolved within four months of the date of issue of the decision in accordance with Subsection 1 above, the Office shall, upon a motion filed by either party, proceed in accordance with Section 127, unless any of the parties which filed the motion to the Office to decide the dispute, appeals to a court.

(3) A motion to initiate proceedings to decide a dispute in accordance with Section 127, concerning a dispute between parties, neither of which is an undertaking with significant market power on the relevant market shall be considered to be a proposal to commence an investigation. The Office shall, without issuing a decision, notify the proposing party in writing of the acceptance or rejection of the proposal or of its reference to another body.

Chapter 2

Resolution of Subscriber Disputes

Section 129

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(1) The Office shall resolve disputes between a person performing a communications activity (Section 7) on the one hand and a subscriber or user of the other, on the basis of a motion filed by any of the parties to the dispute, as far as the dispute relates to obligations imposed by, or on the basis of, this Act. The Office shall also resolve disputes in cases where a change has occurred on the part of the person performing a communications activity (Section 7) or the subscriber or user, to a third party, particularly due to the assignment of receivables, debt assumption or accession commitment49a). An administrative fee is charged for filing the submission. The deadline for the issue of a decision is four months, in extremely complex cases six months.

(2) A motion to decide a dispute in accordance with Subsection 1 above, which concerns the obligations of the subscriber, or user, to make payment, shall be filed with the Office in electronic form. Sample forms for proposals and the technical requirements for their use shall be set out in an implementing legal regulation. The Office shall make the forms available in a manner allowing remote access.

(3) If the undertaking providing a publicly available electronic communications service fails to meet a claim filed in accordance with Section 64 Subsections 7 to 9, the subscriber or user shall be entitled to file with the Office a motion to initiate proceedings in respect of an objection against the settlement of the claim, without unreasonable delay, but no later than one month after the settlement of the claim or the expiry of the deadline for the settlement thereof (Section 64 Subsection 10), otherwise the right to appeal shall lapse. The filing of an objection shall not be to the prejudice of the obligation under Section 64 Subsection 1, but the Office is entitled, in justified cases and at the request of the subscriber or user, to decide that the filing of an objection to the fulfilment of the obligation under Section 64 Subsection 1 should be deferred until a decision has been made on the objection. No remedy may be sought against such a decision. The Office may also grant a subscriber full compensation for the costs of the proceedings in a case where a motion that was reasonably filed by the first party was withdrawn on the basis of the behaviour of another party to the proceedings.

(4) The Office shall award to the party who fully succeeded in the proceedings compensation for the costs required for effective application of the law, or the defence thereof, against the losing party to the proceedings. In the event that a party succeeded only partially in the proceedings, the Office may split the compensation for the costs on a pro rata basis, or may decide that neither of the parties is entitled to such compensation. Even in a case where a party has only partially succeeded, the Office may award full compensation for such costs, provided that such a party was only unsuccessful in a negligible part of the proceedings or that the decision on the amount of the performance depended on an expert opinion or was at the discretion of the Office.

(5) The provisions of a special Act regulating to the procedure of the court and parties to civil proceedings58) shall apply mutatis mutandis to the proceedings under Subsections 1 to 4 above.

(5) An arbitration agreement in accordance with the Act on Arbitral Proceedings and Enforcement of Arbitral Awards, may be arranged to resolve a dispute under Subsection 2 above.

Volume 3

Consultations

Section 130

Consultations with the Entities Concerned

(1) In discharging its authority, the Office shall consult the following:

a) draft measures of general nature and pricing decisions,

b) decisions having a significant impact on the relevant market,

c) any other action taken by the Office, where this Act provides that consultations be held,

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(hereinafter referred to as “measures”), with the entities concerned, such entities being, without limitation, end user and consumer associations, including those representing disabled persons, and associations of manufacturers and undertakings providing electronic communications networks or services. The Office shall do so in the form of a public consultation. The purpose of the consultation is, in the context of compliance with the principles of transparency and objectivity, to obtain comments, opinions and views from the entities concerned in respect of the draft measures to be adopted by the Office.

(2) A consultation referred to in Subsection 1 above shall not apply to the resolution of disputes under this Act.

(3) If the proposed measures affect the protection of economic competition, the Office shall also consult with the Office for Protection of Competition within the framework of the consultations pursuant to Subsection 1 above. If the proposed measure concerns radio or television broadcasting it shall consult with the Council for Radio and Television Broadcasting, and if it concerns the protection of personal data, also the Office for the Protection of Personal Data.

(4) In the consultations referred to in Subsection 1 above, the Office shall consult the Ministry about the proposed measures where the Ministry so requests.

(5) For the purposes of the public consultations referred to in Subsection 1 above, the Office shall establish and manage a discussion site, where it will publish the draft measures, allow the submission of comments and publish the results of the consultation procedure, doing so in a manner allowing for remote access.

(6) Anyone whose rights, obligations or interests may be directly affected by the proposed measure may express his/her opinion of the proposed measure in the manner described in Subsection 8, or may submit written comments to the Office, within one month of the date of publication of the draft measure. If there is a danger of delay, the Office may reduce this period adequately. However, the period for submitting comments shall not be shorter than five working days.

(7) The Office shall publish the results of the public consultation, including the settlement of comments, on its electronic bulletin board within one month of the expiration of the comment period.

(8) The Office shall lay down rules for the conduct of the consultation at the discussion site referred to in Subsection 5 above.

Section 131

Consultations with the Commission and Other Member States

(1) If a measure referred to in Sections 51, 52, 59, 79, 80 and 84 would have an impact on trade between the Member States, the Office shall make the draft measure – together with a justification – available to the Commission, the BEREC and to the regulatory bodies of the other Member States for the purposes of consultations under Section 130. If any parts of the draft measure contain information that is a trade secret, the Office shall designate these facts as such.

(2) The Office shall take maximum account of the comments made by the regulatory bodies of the other Member States, the BEREC and the Commission, provided these comments were submitted within one month of the notification pursuant to Subsection 1.

(3) If the draft measures referred to in Subsection 1 above, the purpose of which is to define a relevant market or to designate an undertaking as an undertaking with significant market power, either alone or together with other undertakings, would in the Commission’s view create a barrier to the single market, or if the Commission has serious doubts as to the compatibility of the draft measure with the legislation of the European Union, and particularly with the objectives set out in

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Section 5, the Office shall suspend the adoption of the measure being proposed and wait until the Commission makes its decision. If the Commission fails to issue a decision within two months after the end of the period specified in Subsection 2 above, the Office shall be entitled to adopt the proposed measure. If the Commission decides that the draft measure should be withdraw, the Office shall withdraw the draft measure and, within six months of the date of issue of the Commission’s decision, shall amend it or decide to stay the proceedings. In the event the Office amends the measure, a public consultation shall be held in accordance with Subsection 1 above.

(4) If the draft measures referred to in Section 51 Subsection 3 or Section 79 Subsection 2 would in the Commission’s view, create a barrier to the single market, or if the Commission has serious doubts as to the compatibility of the draft measure with the legislation of the European Union, and particularly with the objectives set out in Section 5, the Office shall suspend the adoption of this measure. During the three months following the notification of the Commission’s opinion, the Office shall cooperate with the Commission and the BEREC to modify the measure with regard to the objectives set out in Section 5. If, during this period, the Commission issues a recommendation in which it requests that the Office amend or withdraw the measure, or a decision to withdraw its objections, the Office shall, within one month of the issue thereof, adopt the resulting measure and inform the Commission thereof. This period may be extended to enable the Office to carry out a public consultation in accordance with Section 130. If the resulting measure deviates from the Commission’s recommendations, the Office shall justify its actions.

(5) The Office shall notify the Commission and the BEREC of any newly adopted measure as referred to in Subsection 1.

(6) If there is an urgent need to act in order to protect competition and users’ interests, the Office is entitled, in compliance with the proportionality principle, to adopt a measure following a different procedure than that set out in Subsections 1 to 3. The validity of such a measure shall be limited to a maximum of two months. The Office shall submit the measure to the Commission, the BEREC and the regulatory authorities of the other Member States immediately after its adoption, in accordance with Subsection 1, and with an explanation of the need to abandon the procedure set out in Subsections 1 to 3. In response to comments based on Subsections 2 and 3 above from the Commission, the BEREC or the regulatory bodies of the other Member States, the Office may cancel the measure, amend it or extend the term of its validity.

TITLE IX

Joint, Transitional and Closing Provisions

Section 132

(1) The provisions of this Act shall apply unless otherwise stipulated in an international treaty binding on the Czech Republic and published in the Collection of Laws or the Collection of International Treaties.

(2) Starting from the effective date of this Act, the issuance of measures of general nature in accordance herewith shall follow the provisions of the Rules of Administrative Procedure concerning the issuance of measures of general nature.

Section 133

Fees

(1) The Office shall levy, collect and enforce:

a) administrative fees,

b) fees for the right to use radio frequencies (Section 24),

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c) fees for the right to use numbers (Section 37).

(2) The fees based on Subsection 1 (a) and (c) represent income of the State Budget of the Czech Republic. The fees based on Subsection 1 (b) represent income of the State Budget of the Czech Republic and the Radiocommunications Account, at a ratio to be defined in a Government Order.

Section 134

(1) The Ministry of Interior, the Czech Statistical Office and the Police of the Czech Republic shall provide the Office, for the purposes of state administration,

a) reference data from the basic population register,

b) data from the population records information system,

c) data from the foreign nationals information system,

d) reference data from the basic register of persons.

(2) The data provided under Subsection 1 (a) are:

a) surname,

b) name(s),

c) date, place and district of birth; in cases where the subject of the data was born abroad, the date, place and country in which they were born,

d) address of the place of residence, or also the address to which documents are to be delivered under a special legal regulation,

e) date, place and district of death; in cases where the subject of the data died outside the Czech Republic, the date of death and the country on whose territory the death occurred; if a court decision has been issued on a declaration of death, the date indicated in the decision as the date of death or the date on which the subject of the data, who was declared dead, did not survive,

f) citizenship, or multiple citizenships,

g) numbers of electronically readable identification documents50),

h) a record of the establishment of a data box and an identifier of such data box, if the data box can be accessed.

(3) The data provided under Subsection 1 (b) are:

a) name(s), surname, maiden name and other previous surnames,

b) birth number,

c) sex,

d) address of the permanent residence, including addresses of previous permanent residences, or the address to which documents are to be delivered under a special legal regulation,

e) exclusion or limitation of level capacity, including data kept on a guardian,

f) commencement of permanent residence, or date on which the data on the place of permanent residence was cancelled or date on which permanent residence on the territory of the Czech Republic was terminated,

g) name(s), surname and birth number of the father, mother, or other legal representative; in the event that one of the parents or other legal representative has not been assigned a birth

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number, their name(s), surname and date of birth; if the child’s other legal representative is a legal entity, the trade name and address of the registered office,

h) name(s), surname and birth number of the spouse or registered partner; if the spouse or registered partner is a natural person who has not been assigned a birth number, the name(s) and surname of the spouse or registered partner and their date of birth,

i) name(s), surname and birth number of a child; in the case of a foreigner who has not been assigned a birth number, the name(s) and surname of the child and their date of birth.

(4) The data provided under Subsection 1 (c) are:

a) name(s), surname and maiden name,

b) birth number, if assigned,

c) sex,

d) type and address of place of residence, or the address to which documents are to be delivered under a special legal regulation51),

e) number and period of validity of the residence permit,

f) commencement of residence or, if necessary, the date on which residence on the territory of the Czech Republic was terminated,

g) exclusion or limitation of legal capacity.

(5) The data kept as reference data in the basic population register are only taken from the population records information system or the foreign nationals information system if they are in a form preceding the current situation.

(6) Data provided in accordance with Subsection 1 (d) are:

a) business name or trade name of a legal entity or name(s) and surname of a natural person who is an undertaking,

b) the date of establishment or the date of entry in the records in accordance with special legal regulations,

c) the date of dissolution or date of removal from the records in accordance with special legal regulations,

d) legal form,

e) a record of the establishment of a data box and the identifier of such data box, if the data box can be accessed,

f) the statutory authority identified by reference link to the population register or the register of persons, including information on the name(s), surname and foreign residence of a natural person,

g) legal status,

h) registered address of a legal entity or address of the place of business of a natural person, in the form of a reference link (address code) to the reference data on the address in the cadastral register.

(7) In each specific case, only data that is necessary to perform a given task may be used from the data provided.

Section 134a

(1) The Ministry of Interior shall provide the Office with the following information from the

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identity cards records52) for the purposes of state administration:

a) name(s) and surname of a citizen,

b) identity card number or series,

c) date of issue of the identity care and date of issue of previous identity cards,

d) identification of the authority that issued the identity card,

e) date of expiry of the identity card and expiry dates of previous identity cards,

f) numbers or series of lost, stolen or invalid identity cards and the date on which the loss or theft of the identity card was reported,

g) birth number.

h)

(2) In each specific case, only data that is necessary to perform a given task may be used from the data provided. The data is provided in electronic form in a manner allowing remote access.

Section 135

repealed

Transitional Provisions

Section 136

(1) Unless otherwise provided, the legal relations that arose in the electronic communications area in accordance with the legal regulations in force before the effective date hereof shall also be governed by this Act.

(2) As to the illegal action committed before the effective date hereof and bearing characteristics of illegal action also hereunder, a fine may be imposed in accordance with the legal regulations in force until the effective date hereof, unless the levels of the fines hereunder are less strict.

(3) Proceedings instituted but not completed before the effective date hereof shall be completed in accordance with the previous legal regulations by the administrative bodies that initiated such proceedings. The Office may discontinue proceedings in access-related cases which were instituted upon the Office’s initiative before the effective date hereof, but may only do so if all parties to the proceedings so agree.

(4) The Office shall suspend as at the date when this Act come into effect the proceedings commenced before the effective date hereof, which do not need to be completed with respect to the provisions of this Act.

(5) Any telecommunications licence issued in accordance with Act No. 151/2000 on Telecommunications and on Amendments to Other Acts, as amended, shall be considered as valid for one month after the effective date of the measure of general nature in respect of a general authorisation to regulate the communications activity concerned.

(6) The Office shall grant an allocation of radio frequencies, including the same rights and obligations to the same extent, which rights and obligations are related to those frequencies and are indicated in the telecommunications licences, which were issued on the basis of previous legal regulations, but no later than 3 months after the effective date hereof.

(7) Any certificate of registration issued in accordance with Act No. 151/2000 on Telecommunications and on Amendments to Other Acts, as amended, shall remain in effect for one

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month after the effective date of the measure of general nature in respect of a general authorisation to regulate the communications activity concerned.

(8) A general licence issued in accordance with Act No. 151/2000 on Telecommunications and on Amendments to Other Acts, as amended, shall be treated as a general authorisation hereunder until the issuance of a new general authorisation but not longer than for five months of the effective date hereof.

(9) The Office shall issue general authorisations based on Section 9 within five months of the effective date hereof.

(10) Public telecommunications network operators and businesses providing public telecommunications services that carry out telecommunications activities under a telecommunications licence or under an authorisation or registration based on a general licence shall fulfil their notification duty in accordance with Section 13 no later than one month after the date of issue of the general authorisation.

(11) Permissions to operate transmitting radio equipment and decisions on number allocation issued on the basis of Act No. 151/2000 on Telecommunications and on Amendments to Other Acts, as amended, shall remain in effect until the date indicated therein, except for that part concerning the fees for the allocated frequencies or numbers as indicated therein; that part of the permission or decision shall expire as at the entry into effect hereof. These permissions or decisions are considered as individual authorisations to use radio frequencies as specified in this Act. Permissions to operate transmitting radio equipment for amateur radiocommunications services issued on the basis of previous legal regulations shall be deemed to be individual authorisations to use radio frequencies for Class A operators.

(12) The frequency band assignment plan and the numbering plans issued in accordance with Act No. 151/2000 on Telecommunications and on Amendments to Other Acts, as amended, shall remain in effect until the issue of appropriate implementing regulations under Section 16 Subsection 1 and Section 29 Subsection 4 and until adoption of appropriate measures of general nature under Section 16 Subsection 2.

(13) Undertakings providing public communications network shall within two months of the effective date hereof notify the Office, and publish in a manner allowing for remote access, the types of interfaces and the technical specifications thereof as they offer for the connection of apparatus. The technical specifications shall be processed by the method defined in Section 73 Subsection 9.

(14) An undertaking providing a mobile telephone network must fulfil the obligation indicated in Section 34 no later than six months of the effective date of the measure of general nature specifying the technical conditions. The Office shall issue the measure of general nature under Section 34 Subsection 4 within two months of the effective date hereof.

(15) The validity of the certificates of special competence to operate radio equipment, with the exception of certificates to operate transmitting radio equipment for amateur radiocommunications services, issued on the basis of previous legal regulations, shall remain unchanged. Certificates of special competence to operate transmitting radio equipment for amateur radiocommunications services, issued on the basis of previous legal regulations (hereinafter referred to as a “radio amateur licence”) shall expire on 30 April 2007. Within that period, the Office shall replace radio amateur licences at the request of the holder of such a licence for a HAREC certificate of special competence.

(16) Any business authorisation issued for the licensed business of “Provision of Telecommunications Services” shall expire on the date on which the person carrying out business on the basis thereof has notified performance of communications activities in accordance with Section 13 hereof, but shall not expire later than one year after the effective date hereof.

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(17) The proceedings in respect of the issue of the business authorisation for the licensed business of “Provision of Telecommunications Services” that were commenced before or on the effective date hereof and as of that date have not been completed shall be halted.

(18) If a holder of an audio or television broadcasting licence gave his/her consent that an authorisation to operate broadcasting radio equipment might be granted to an operator of a network designed for the dissemination and conveyance of audio and television broadcasts in accordance with the previous regulations, or that radio frequencies might be granted to such an operator within the range of the technical parameters indicated in hi/hers licence, then such a holder is entitled to be allocated such frequencies by the Office if the contractual relation between him/her and the network operator is terminated. This right shall belong to the holder of the licence throughout the period of validity of the licence, defined as at the effective date hereof.

(19) An entity that gathers subscribers’ personal data to issue a directory of subscribers shall inform the subscribers to the publicly available fixed or mobile telephone service, whose personal data were indicated in the directory of subscribers issued before the effective date hereof, about their entitlements specified in Section 95 Subsections 1 and 2. Such an entity shall no later than two months of the effective date hereof inquire of the subscribers as to whether their personal data may be left in the directory. If a subscriber requests a change in his/her data or requests deletion of his/her data, the given entity must do so immediately. If printed directories or those in electronic form on data media have already appeared, the given entity’s obligation referred to above shall apply to the nearest update of the directory.

(20) Where a special legal regulation contains provisions about:

a) telecommunications traffic, this will mean the message being transmitted in accordance herewith,

b) data concerning telecommunications traffic, this will mean the traffic and location data relating to the message being transmitted in accordance herewith,

c) telecommunications service, this will mean an electronic communications service provided on the basis hereof,

d) telecommunications network, this will mean an electronic communications network on the basis hereof.

Section 137

(1) The Office is obliged to perform a first analysis of all parts of the electronic communications market in accordance with Section 51 so as to make it possible to define the situation in the relevant markets in accordance with Section 52 Subsection 1, and, if such is the case, also in other markets in accordance with Section 52 Subsection 2. In that analysis the Office shall use the consultation procedures in accordance with Sections 130 and 131, and in publishing the information it shall proceed in accordance with Section 125. The Office is obliged to complete that analysis no later than nine months after the effective date hereof.

(2) No later than 12 months of the effective date hereof, the Office is obliged on the basis of the analysis referred to in Subsection 1 above to examine the obligations of the licence holders with significant market power, which obligations are maintained on the basis of the existing legal regulations, and shall decide whether they are to be maintained further, or changed or cancelled, and also decide on imposition of the obligations specified in Section 51 on undertakings with significant market power.

(3) Within the analysis based on Subsection 1, the Office shall examine whether the situations in the market in terms of end user prices are or are not significantly distorted by the cross-financing of the public telephone service provided by an undertaking with significant market power through the public switched telecommunications network. If such a price deformation is identified,

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the Office shall issue a decision to impose obligations based on Section 51 on the person concerned so as to ensure improvement of the situation identified by the Office no later than one year of the effective date of that decision made by the Office.

Section 138

(1) A provider of the leased lines public telecommunications service who was obliged to provide such a service – upon the basis of a telecommunications licence granted in accordance with Act 151/2000 on Telecommunications and on Amendments to Other Acts, as amended – as at the effective date hereof, shall continue providing that service until the Office issues its decision based on Section 137 Subsection 2. The service shall be so provided under the conditions and to the extent defined in the previous legal regulations, unless otherwise provided herein.

(2) A provider of the leased lines public telecommunications service referred to in Subsection 1 shall maintain separate records of costs, sales and revenues in accordance with the methodology approved in compliance with the measure adopted by the Office under Act No. 151/2000 on Telecommunications and on Amendment to Other Acts, as subsequently amended, and shall submit to the Office an annual report on the developments in costs, sales, revenues and profitability, including the capital invested, within the period prescribed by the Office. This shall be so until the Office issues a decision based on Section 137 Subsection 2.

Section 139

(1) Contracts on access to network, special access to network, network interconnection or local loop unbundling, concluded in accordance with Act No. 151/2000 on Telecommunications and on Amendment to Other Acts, as subsequently amended, shall remain in effect, unless otherwise agreed between the parties to those contracts. Such contracts shall be treated as having been concluded in accordance herewith.

(2) Until the issue of the Office’s decision in accordance with Section 137 Subsection 2, the public telecommunications network operator and public telecommunications service provider who was designated as undertaking with significant market power before the effective date hereof shall – in providing access or interconnection or local loop unbundling – continue fulfilling its current obligations related to network access, network interconnection and local loop unbundling, as defined in accordance with Act No. 151/2000 on Telecommunications and on Amendment to Other Acts, as subsequently amended. These include:

a) the duty of non-discrimination,

b) the obligation to make the signed contracts on network interconnection or local loop unbundling available to the Office for the purpose of the publication thereof,

c) the duty to notify the Office and to publish in the Telecommunications Bulletin, reference bids for interconnection and local loop unbundling, and

d) the obligation to maintain separate records of costs, sales and revenues following the approved methodology in accordance with the Office’s measure issued in accordance with Act No. 151/2000 Coll., on Telecommunications and on Amendments to Other Acts, as amended, and to submit to the Office an annual report on the development of costs, sales, revenues and profitability, including the capital expended, within the period of time prescribed by the Office.

Section 140

Any public fixed telecommunications network operator, which – as at the effective date hereof – was obliged to allow its subscribers in its network, on the basis of the numbering plan, to access the services of any public telecommunications service provider interconnected with that network, except for the leased lines service, doing so both through carrier preselection and through

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carrier selection for individual calls, shall remain obliged to continue providing such services at least until the Office issues relevant decisions on the basis of Section 137 Subsection 2.

Section 141

repealed

Section 142

(1) The measures of the Czech Telecommunications Office, issued in accordance with Act No. 151/2000 on Telecommunications and on Amendments to Other Acts, as amended, shall remain in effect for twelve months after the effective date hereof, unless otherwise stipulated herein.

(2) The price decisions, issued in accordance with Act No. 151/2000 on Telecommunications and on Amendments to Other Acts, as amended, shall remain in effect until the Office issues its relevant price decisions (Sections 57 to 59) but no later than 12 months after the effective date hereof. For a period of twelve months after the effective date of this Act, the Office is entitled to issue such decisions without a previous market analysis. In such a case, however, the effective period of such decisions shall be limited to the time until the date of issue of the decisions on imposition of the obligation based on Section 137 on undertakings with significant market power.

(3) The contracts concluded under Act No. 151/2000 on Telecommunications and on Amendments to Other Acts, as amended, and the general conditions for the provision of public telecommunications services, issued under the same Act, shall be considered as contracts concluded, and general conditions issued, in accordance with this Act.

(4) If the contract for the provision of public telecommunications service, referred to in Subsection 3, does not comply with the provisions hereof, the undertaking shall align it with these provisions within four months of the effective date hereof.

(5) If the general conditions specified in Subsection 2 do not comply with the provisions hereof, the undertaking shall align them with these provisions within four months of the effective date hereof.

Section 143

(1) The universal service provider who was obliged to provide that service in accordance with Act No. 151/2000 on Telecommunications and on Amendments to Other Acts, as amended, shall continue providing that service after the effective date hereof until the Office makes a decision in accordance with Subsection 2.

(2) The Office shall examine within six months of the effective date hereof whether the provision of the universal service, including affordability in terms of prices, complies with the provisions of Title III Volume 6, and shall issue a decision no later than within nine months of the effective date hereof to impose the obligations to provide partial services in accordance with Section 39.

(3) The universal service provider referred to in Subsection 1 shall maintain separate records of costs, sales and revenues in accordance with an approved methodology in compliance with the Office’s decision issued on the basis of Act No. 151/2000 on Telecommunications and on Amendments to Other Acts, as amended, and submit to the Office an annual report on the development of costs, sales, revenues and profitability, including the capital expended, within the period of time prescribed by the Office. .

(4) The universal service provider referred to in Subsection 1 shall submit to the Office a statement of loss as calculated in accordance with Act No. 151/2000 on Telecommunications and on

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Amendments to Other Acts, as amended, and shall do so within 4 months of the appointment of a new provider on the basis of Subsection 2. Such a provider shall be entitled in the year in which this Act entered into effect to compensation for the loss (supported by evidence) for the period before the Office’s decision based on Subsection 2. Such a provider shall make it possible to verify the amount of the loss in the manner described in the legal regulations currently in force. The undertakings that held telecommunications licences in the given period shall contribute to the compensation for the abovementioned loss. The calculation of the proportions and the respective payments shall be based on the provisions of the legal regulations in force before the effective date hereof.

Section 144

The telex and telegraph service provider who was obliged to provide that service in accordance with Act No. 151/2000 on Telecommunications and on Amendments to Other Acts, as amended, shall continue to provide this service until the end of 2005.

Section 145

(1) The undertaking providing the service of radio and television signal distribution and transmission, which – on the basis of a telecommunications licence awarded in accordance with Act No. 151/2000 on Telecommunications and on Amendments to Other Acts, as amended – was obliged to provide such services as at the effective date hereof, shall continue doing so at least until the Office issues its decision based on Section 137 Subsection 2. Such services shall so be provided under the conditions, and to the extent, defined in the current legal regulations, unless otherwise provided herein.

(2) If the undertaking referred to in Subsection 1 was obliged to maintain separate records of costs, sales and revenues in accordance with an approved methodology in compliance with the Office’s decision issued on the basis of Act No. 151/2000 on Telecommunications and on Amendment to Other Acts, as subsequently amended, and submit to the Office an annual report on the development of costs, sales, revenues and profitability, including the capital expended, within the period of time prescribed by the Office, such an undertaking shall continue doing so until the Office issues its decision based on Section 137 Subsection 2.

Section 146

The Office shall open a Radiocommunications Account within one month of the effective date hereof. The Office shall establish a database in accordance with Sections 14, 15 and 28 within six months of the effective date hereof.

Section 147

(1) The easements established before the effective date hereof and any other agreements, including those concerning compensation for restriction of the ownership right, concluded before the effective date hereof for the purpose of implementation of the entitlements based on Section 90 Subsection 1 Clauses a) and b) of Act No. 151/2000 on Telecommunications and on Amendment to Other Acts, as amended, shall remain unaffected.

(2) In the event that no agreement on the implementation of the entitlements based on Section 90 Subsection 1 (a) and (b) of Act No. 151/2000 or an agreement on compensation for restrictions of ownership rights was concluded between the undertaking and the owner of the property before the effective date hereof, the decision on the establishment of an easement and on the level of compensation shall be made by the general Building Authority on the basis hereof, unless performance of the entitlement has already begun.

(3) In the event that any easements were established to exercise the entitlements based on Section 90 Subsection 1 (a) and (b) of Act No. 151/2000 in favour of the undertakings providing public telecommunications network that built the public communications network before the

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effective date hereof, or in the event that any easements were established to exercise the entitlements based on Section 90 Subsection 1 (a) and (b) of Act No. 151/2000 or Section 104 Subsection 1 Clauses a) and b) of this Act in favour of such undertakings after the effective date hereof, the entitlements based on such easements shall also apply to transferees who acquired a public communications network or any part thereof irrespective of whether they acquired it before or after the effective date hereof.

(4) The entitlements based on the easements referred to in Subsection 3 above shall arise for the transferees of a public communications network:

a) at the moment the easements are established, if the easements are established after the effective date hereof and if the public communications network was transferred to the transferee before or at the moment the easements were established,

b) on the effective date hereof, if the easements were established before the effective date hereof and if the public communications network was simultaneously transferred to the transferee before the effective date hereof,

c) at the moment of acquisition of the public communications network by the transferee, if the public communications network is transferred to the transferee after the establishment of the easements and after the effective date hereof.

Section 148

As at the date of entry into effect of this Act:

a) the Czech Telecommunications Office, established on the basis of Act No. 151/2000 on Telecommunications and on Amendments to Other Acts, as amended, is dissolved,

b) the rights and duties in respect of labour relations and other such relations shall be transferred from the Czech Telecommunications Office, established on the basis of Act No. 151/2000 on Telecommunications and on Amendment to Other Acts, as amended, to the Office,

c) the Office is entitled to manage the assets of the State that have to date been managed by the Czech Telecommunications Office, established on the basis of Act NO. 151/2000 on Telecommunications and on Amendment to Other Acts, as amended.

Section 149

(1) Upon the effective date hereof, the Government shall appoint one member of the Council of the Office for one year, one for two years, one for three years, one for four years and one for five years.

(2) Unless otherwise provided in this Act, the provisions of the Labour Code shall apply to Council members until such time as the Public Service Act enters into effect.

Closing Provisions

Section 150

Authorisations

(1) The Government shall issue an order to implement Section 24 Subsection 5, Section 27 Subsection 8, Section 37 Subsection 2, Section 38 Subsection 8, Section 43 Subsection 5, Section 133 Subsection 2.

(2) The Ministry shall issue a decree to implement Section 16 Subsection 1, 7 and 8, Section 26 Subsection 5, Section 29 Subsection 4, Section 40 Subsection 7, Section 43 Subsection 3, Section 47 Subsection 5, Section 48 Subsection 7, Section 53 Subsection 4, Section 80 Subsection 3, Section

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113 Subsection 8 and Section 126 Subsection 3.

(3) The Ministry, in cooperation with the Ministry of Interior, shall issue a decree to implement Section 33 Subsection 9 and Section 97 Subsection 4.

(4) The Ministry of Interior shall issue a decree to implement Section 97 Subsections 5 and 9.

(5) The Office shall issue a decree to implement Section 33 Subsection 4, Section 44 Subsection 5, Section 63 Subsection 3, Section 64 Subsection 13, Section 97 Subsections 7 and 12, Section 98 Subsection 4, Section 99 Subsection 1, Section 113 Subsections 6 and 7 and Section 129 Subsection 2.

(6) The Office for Personal Data Protection may issue a decree to implement Section 88 Subsection 7.

Section 151

The following shall be repealed:

1. Act No. 151/2000, on Telecommunications and on Amendment to Other Acts.

2. Government Order No. 181/2000, laying down the amounts of fees for allocated frequencies and allocated numbers.

3. Decree No. 182/2000 on the authorisation mark for the telecommunications terminal equipment.

4. Decree No. 191/2000 on the technical conditions for connection and operation of equipment for the tapping and monitoring of telecommunications traffic.

5. Decree No. 195/2000 laying down the types and characteristics of the public telecommunications network termination points and interfaces.

6. Decree No. 196/2000 laying down the characteristics, parameters and quality indicators of services provided by telecommunications licence holders within the framework of the universal service.

7. Decree No. 197/2000 on the extent of line leasing and leased lines technical parameters.

8. Decree No. 198/2000 on the details of the draft contract on network interconnection and network access and on the technical and operating conditions of network access and network interconnection, and connection of non-public telecommunications networks to the public telecommunications network.

9. Decree No. 199/2000 on the method of proving the availability of sufficient means to carry out telecommunications activities.

10. Decree No. 200/2000 on the method of creating call signals and the use thereof and on the types of radiocommunications services for which they are required.

11. Decree No. 201/2000 on the technical and operating conditions of the amateur radiocommunications service.

12. Decree No. 202/2000 on the details of the application for test to prove special competence to operate transmitting radio equipment, the extent of knowledge needed for the individual types of special competence and method of performance of the tests, the types of the special competence certificates and the validity period thereof.

13. Decree No. 92/2001 laying down a list of specially fitted telephone terminal equipment.

14. Decree No. 235/2001 laying down the details of the calculation and payment of compensation for provable loss from the provision of universal service by the telecommunications licence holder.

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Selected Provisions of Amendments

Article IV of Act No. 235/2006 Coll.

repealed

Article LXXI of Act No. 261/2007 Coll.

Transitional Provisions

A decision to impose an obligation to provide special prices, issued by the Czech Telecommunications Office under Act No. 127/2005 Coll., as amended by Act No. 310/2006 Coll., shall remain in force until the effective date of a decision by the Czech Telecommunications Office to impose an obligation to provide special prices in accordance with this Act. The Czech Telecommunications Office shall issue a decision imposing an obligation to provide special prices in accordance with this Act at the latest within three months of the effective date thereof.

Article II of Act No. 304/2007 Coll.

Transitional Provisions

1. The Government shall issue a regulation to establish the Technical Plan for the transition from analogue terrestrial television broadcasting to digital terrestrial television broadcasting (hereinafter referred to as the “Technical Transition Plan”) in order to build an electronic communications network for a public multiplex service, additional networks for nationwide digital television broadcasting and a single network enabling digital regional terrestrial broadcasting. The Technical Transition Plan lays down rules for the transition from analogue terrestrial television broadcasting to digital terrestrial television broadcasting, in particular, the deadlines, terms and conditions and the procedure for developing electronic communications networks for digital terrestrial television broadcasting, including deadlines, terms and conditions and the procedure for switching off analogue terrestrial television broadcasting so as to avoid any restriction of the territory covered by the signal from terrestrial television broadcasting of programmes by broadcast operators with licences affected by switching off broadcasts in the given territorial areas, apart from cases where this is prevented by natural or justified technical barriers. The minimum area of coverage by a digital terrestrial television signal as at the date of completion of the transition from analogue terrestrial television broadcasting to digital terrestrial television broadcasting shall also be set out in the Technical Transition Plan. Analogue terrestrial television broadcasts shall terminate on 31 December 2012, unless an earlier date is stipulated by the Government in the Technical Transition Plan, however this shall not be earlier than 10 October 2010.

2. A measure of general nature of the Czech Telecommunications Office no. OOP/15/12.2006/39, establishing the Technical Plan for the transition of analogue terrestrial television broadcasting to digital terrestrial television broadcasting, issued under Article IV of Act No. 235/2006 Coll., shall be deleted on the date the Government regulation pursuant to Paragraph 1 above enters into effect.

3. During the period from the date of entry into effect of the Government regulation pursuant to paragraph 1 above, to the date the transition from analogue terrestrial television broadcasting to digital terrestrial television broadcasting has been completed, the amount, if appropriate the method of calculation, and the period for payment of fees in accordance with Section 24 Subsection 2 (d) of Act No. 127/2005 Coll., as amended by this Act, shall be set by a

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Government regulation, depending on the type of television broadcast and depending on the progress of the transition from analogue terrestrial television broadcasting to digital terrestrial television broadcasting with respect to the period during which analogue terrestrial and digital terrestrial television broadcasts will overlap under the Technical Transition Plan.

4. Information pursuant to Section 72c of Act No. 127/2005 Coll., as amended by this Act, shall first be disclosed by an undertaking providing an electronic communications network and an undertaking providing a service to transmit radio and television broadcasting to the Czech Telecommunications Office within 90 days of the date of entry into force of this Act.

Article II of Act No. 153/2010 Coll.

Transitional Provisions

1. The deadline set out in Section 22b Subsection 2 of Act No. 127/2005 Coll., on electronic communications and on amendments to certain related Acts (the Act on electronic communications), in the working effective as at the date of entry into effect of this Act, for a holder of an allocation of radio frequencies, for whom the allocation was made before the date of entry into effect of this Act, begins to run on the day on which this Act enters into effect. This shall be without prejudice to the deadlines set by the Government regulation on the Technical Transition Plan.

2. The operator of an electronic communications network, through which a service is provided to distribute terrestrial television broadcasts, is entitled to compensation for the costs incurred to ensure the primary signal for subsequent use by low-power radio transmitting equipment, provided the losses it made were related to the performance of the Government regulation on the Technical Transition Plan, provided this radio equipment is located outside a geographical area in which high-power analogue transmitters have been switched off, or is located in such an area, but in the given area, covered by analogue terrestrial television broadcasts from such radio equipment, coverage by digital terrestrial television broadcasts is not provided.

3. If the operator of a digital regional terrestrial television broadcasting service with a licence for a programme that was transmitted through an analogue terrestrial television broadcast on shared frequencies with the operator of a nationwide analogue terrestrial television broadcasting with a licence before the date of entry into effect of Act No. 235/2006 Coll., amended by Act No. 231/2001 Coll., on the operation of radio and television broadcasts and on amendments to other Acts, as amended, and certain other Acts, so requests, the operator of an electronic communications network, through which this programme is to be transmitted digitally through part of the datastream used for the transmission of the nationwide programme, with which it was transmitted in analogue form on shared frequencies, is required, at the latest within 90 days of the date of receipt of the request from such an operator of a regional television broadcasting service, to provide the corresponding technical breakdown of this network in order to provide regional broadcasts, provided this does not interfere with the integrity of the network. For the fulfilment of this obligation, the operator is entitled to reimbursement of costs in accordance with Section 27 Subsection 4 of Act No. 127/2005 Coll., on electronic communications and on amendments to certain related Acts (Act on Electronic Communications), in the wording effective as at the date of entry into effect of this Act.

4. If the operator of a nationwide digital terrestrial television broadcasting service with a licence so requests, in the case of a programme which, according to the valid licencing conditions, should be disconnected regionally, the operator of an electronic communications network is required, at the latest within 90 days of the date of receipt of a request from this operator, to provide the corresponding technical breakdown of this network in order to provide regional broadcasts, provided this does not interfere with the integrity of the network. For the fulfilment of this obligation, the operator is entitled to reimbursement of costs in accordance with Section 27 Subsection 4 of Act No. 127/2005 Coll., on electronic communications and on amendments to certain

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related Acts (Act on Electronic Communications), in the wording effective as at the date of entry into force of this Act.

5. Reimbursement of costs in accordance with paragraphs 2, 3 or 4 shall be granted if these costs arose and were incurred by the operator of an electronic communications network during the period from the date of entry into effect of the Government regulation on the Technical Transition Plan to the date on which the analogue terrestrial television broadcasting service in the Czech Republic was terminated.

6. Reimbursement of costs in accordance with paragraphs 2, 3 or 4 shall be provided from the Radiocommunications Account funds [Section 27 of Act No. 127/2005 Coll., on electronic communications and on amendments to certain related Acts (Act on Electronic Communications), in the wording effective as at the date of entry into force of this Act]. Entitlement to reimbursement of costs is decided by the Czech Telecommunications Office on the basis of a request. The operator of an electronic communications network shall submit a request for reimbursement of costs at the latest within three months of the day on which the costs were incurred or within three months of the date on which this Act entered into effect, of the right expires. In cases pursuant to paragraphs 2, 3 and 4, the Czech Telecommunications Office sets the level of reimbursement of costs as the difference between the amount of the costs that can be demonstrated to have been efficiently and purposely incurred and the amount of the costs the operator of an electronic communications network would have incurred had it not lost the primary signal or had it not been under an obligation to provide the corresponding technical breakdown of the network in order to provide regional broadcasting services.

7. To 31 December 2012, the Czech Telecommunications Office may also use funds from the Radiocommunications Account for the evaluation of cases pursuant to paragraphs 2, 3 and 4, to monitor the status and extent of the television signal transmission, to analyse the availability of television broadcasts and the efficient use of radio frequencies, and, if appropriate, to cover exceptional costs relating to its activities in these cases and cases pursuant to paragraph 6. During the period referred to in the first sentence above, the Czech Telecommunications Office may also use funds from the Radiocommunications Account to cover the costs of performing tasks relating to harmonising the administration of the spectrum under the preparation and implementation of measures resulting from harmonising the use of the spectrum at the level of the European Community, following on from the completion of the transition from analogue terrestrial television broadcasting to digital terrestrial television broadcasting, including the preparation and implementation of the use of the digital dividend, resulting from the termination of analogue television broadcasting in the Czech Republic.

8. Funds drawn from the Radiocommunications Account in one calendar year, in accordance with paragraph 7 above, may not exceed 10% of the income of the Radiocommunications Account in the calendar year immediately preceding it.

9. During the period from the date of entry into effect of this Act to 31 December 2012, the Czech Telecommunications Office shall transfer to the Radiocommunications Account funds in the amount stipulated in an implementing legal regulation in accordance with Section 27 Subsection 6 and Section 133 Subsection 2 of Act No. 127/2005 Coll., on electronic communications and on amendments to certain related Acts (Act on Electronic Communications), in the wording effective as at the date of entry into force of this Act, increased by 6% of total revenue from the fees charged for the use of radio frequencies.

10. The rights and obligations of the Czech Telecommunications Office, universal service providers and payers to a universal service account in the calculation and payment of the net costs of providing a universal service and the assessment, collection and enforcement of payments to the universal service account, and related penalties, as well as the rights and obligations relating to the management of the universal service account, the content of the annual report on the universal

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service and the provision of information to the Czech Telecommunications Office for the calculation of payments to the universal service account for the universal service billing period completed before the date of entry into effect of this Act, shall be governed by the Act on Electronic Communications and its implementing legal regulations, in the wording effective prior to the date of entry into force of this Act.

11. In the event that, for a payment to a universal service account established in accordance with Act No. 151/2000 Coll., on telecommunications and on amendments to other Acts, as amended, or in accordance with the Act on Electronic Communications in the wording effective prior to the date of entry into force of this Act, the payer is dissolved without a successor in law, or the arrears are written off as irredeemable, the payments to a provider of a universal service will be covered through the universal service account from the State Budget, within 90 days of the dissolution of the payer without a successor in law or the write off of the arrears as irredeemable. If, after settlement of these payments in accordance with the previous sentence, following on from the write off of the arrears as irredeemable, there is an additional payment from the payer or from a third party, this additional payment shall be income for the State Budget.

12. After settlement of all rights and obligations pursuant to paragraphs 10 and 11, the Czech Telecommunications Office shall cancel the universal service account and the balance of the account will be transferred to the Radiocommunications Account. From 1 January 2011 to the date of cancellation of the universal service account, for the purposes of administering payments, any funds on the account will be considered to belong to the State Budget22).

13. The Council Chairman of the Czech Telecommunications Office is required, within six months of the date of entry into effect of this Act, to supplement allocations of radio frequencies issued prior to the date of entry into effect of this Act with specifications of radio frequencies in accordance with Section 22 Subsection 2 (a) of Act No. 127/2005 Coll., on electronic communications and on amendments to certain related Acts (Act on Electronic Communications), in the wording effective from the date of entry into force of this Act. Meanwhile, the Council Chairman of the Czech Telecommunications Office shall take account of the utilisation of radio frequencies and the conditions laid down in the Radio Spectrum Utilisation Plan (Section 16).

Article II of Act No. 468/2011 Coll.

Transitional Provisions

1. In the event that restrictions on the principles of technological neutrality and neutrality in terms of the services provided under Section 16a of Act No. 127/2005 Coll., in the wording effective as at the date of entry into force of this act, have been eased in the radio spectrum utilisation plan in a certain frequency band, a holder of an allocation of radio frequencies, who received this allocation before 25 May 2011, which allocation has a period of validity of at least five years from 25 May 2011, to 25 May 2016, may submit a request to the Office to review this allocation in relation to such restrictions.

2. Before issuing a decision to review the allocation pursuant to Subsection 1 above, the Office shall inform the holder of the allocation of the extent to which the allocation will be changed, and at the same time shall inform him/her of the date by which he/she may withdraw such a request for review. In the event that the holder of this allocation withdraws his/her request for a review, this allocation shall remain in effective until the expiry of its validity, or until the expiry of five years from the submission of a request for a review, depending on which comes first.

3. From the date of 25 May 2016, the Office is entitled to change all individual authorisation to use radio frequencies, allocations of radio frequencies and general authorisations that are inconsistent with the Radio Spectrum Utilisation Plan in those sections regulating requirements for

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technological neutrality and neutrality with regard to services in accordance with Section 16a of Act No. 127/2005 Coll., in the wording effective as at the date of entry into force of this Act.

4. The Office shall ensure that the Radio Spectrum Utilisation Plan complies with the provisions of Section 16 Subsection 4 of Act No. 127/2005 Coll., in the wording effective as at the date of entry into force of this Act, within twelve months of the entry into force of this Act.

5. An undertaking providing a publicly available electronic communications service or providing a connection to a public communications network is required to bring any contract to provide a publicly available electronic communications service and a connection to a public communications network, and any published information, into compliance with the relevant provisions of Act No. 127/2005 Coll., in the wording effective from the date of entry into force of this Act, within six months of the entry into force of this Act.

6. Until 31 December 2012, funds drawn to cover costs pursuant to Article II paragraphs 7 and 8 of Act No. 153/2010 Coll., amended by Act No. 127/2005 Coll., on electronic communications and on amendments to certain related Acts (Act on Electronic Communications) as amended and certain other Acts, shall be added to the amount of funds drawn to reimburse costs in accordance with Section 27 Subsection 2 of Act No. 127/2005 Coll., in the wording effective as at the date of entry into force of this Act. Until 31 December 2012, the Office is only entitled to draw on funds to reimburse costs in accordance with Section 27 Subsection 2 of Act No. 127/2005 Coll., in the wording effective as at the date of entry into force of this Act, apart from the conditions contained in this provision, in the event that this does not also result in restrictions on the satisfaction of claims from entitled entities pursuant to Article II paragraphs 2 to 4 of Act No. 153/2010 Coll.

7. In the event that, as at the date of entry into effect of this Act, the number of rights pursuant to Section 20 of Act No. 127/2005 Coll., in the wording effective as at the date of entry into force of this Act, has not been restricted, the period of validity of an allocation of radio frequencies, issued under Section 136 Subsection 5 of Act No. 127/2005 Coll., in the wording effective as at the date of entry into force of this Act, shall expire 12 months after the entry into force of this Act, unless the number of rights is restricted using the procedure referred to in Section 20 of Act No. 127/2005 Coll., in the wording effective as at the date of entry into force of this Act. In this case the allocation shall remain valid after the period of validity contained therein.

8. If the validity of an individual authorisation to use radio frequencies in a decision pursuant to Section 18 or Section 19 of Act No. 127/2005 Coll., in the wording effective as at the date of entry into force of this Act is longer than the period of validity of an allocation of radio frequencies, on the basis of which the individual authorisation to use radio frequencies was granted, such an individual authorisation shall expire at the latest on the effective date of the decision to grant an allocation under point 10.

9. If, within a period of up to one year before the effective date of this Act, the validity of an allocation of radio frequencies terminated with the expiration of the period for which it was granted, the Office shall proceed appropriately in accordance with Section 20 Subsections 4 and 5 of Act No. 127/2005 Coll., in the wording effective as at the date of entry into force of this Act.

10. The provisions regulating delivery set out in Section 129 Subsection 5 of Act No. 127/2005 Coll., in the wording effective as at the date of entry into force of this Act, shall also apply to administrative proceedings commenced and not completed prior to the entry into force of this Act.

11. Until the entry into force of the Office’s decree, issued on the basis of Section 44 Subsection 5, Section 64 Subsection 13 and Section 99 Subsection 1, the existing measures of general nature shall apply.

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Footnotes ____________________

1) Directive 2002/19/EC of the European Parliament and of the Council on access to, and interconnection of, electronic communications networks and associated facilities (Access Directive).

Directive 2002/20/EC of the European Parliament and of the Council on the authorisation of electronic communications networks and services (Authorisation Directive).

Directive 2002/21/EC of the European Parliament and of the Council on a common regulatory framework for electronic communications networks and services (Framework Directive).

Directive 2002/22/EC of the European Parliament and of the Council on universal service and users’ rights relating to electronic communications networks and services (Universal Service Directive).

Directive 2002/58/EC of the European Parliament and of the Council concerning the processing of personal data and the protection of privacy in the electronic communications sector (Directive on Privacy and Electronic Communications).

Commission Directive 2002/77/EC on competition in the markets for electronic communications networks and services. Directive 1999/5/EC of the European Parliament and of the Council on radio equipment and telecommunication terminal equipment and the mutual recognition of their conformity.

2) Act No. 29/2000 on postal services and on amendment to certain Acts (the Postal Services

Act), as amended.

3) For example, Act No. 148/1998 on the protection of classified information and on amendment to certain Acts, as subsequently amended; Act No. 101/2000 on personal data protection and on amendment to certain Acts, as subsequently amended; Act No.513/1991, Commercial Code, as subsequently amended.

5) For example, Sections 60, 60a, 70 of the Penal Code.

5b) Regulation (EC) No. 717/2007 of the European Parliament and of the Council of 27 th June 2007 on roaming on public communications networks within the Community and Directive 2002/21/EC.

6) Section 2 Clause b) of Act No. 240/2000 on crisis management and on amendment to certain Acts (Crisis Act), as subsequently amended.

7) Article 2 of Constitutional Law No. 110/1998 on the security of the Czech Republic.

8) Government Order No. 480/2000, on health protection against non-ionising radiation.

9) Act No. 110/1998.

10) Section 40 of Act No. 40/1994, Civil Code, as subsequently amended.

10a) Act No. 111/2009 Coll., on Basic Registers.

10b) 2007/344/EC Commission Decision of 16th May 2007 on harmonised availability of information regarding spectrum use within the Community.

11) Act No. 231/2001 on broadcasting, as subsequently amended.

12) Act No. 49/1997 on civil aviation, as subsequently amended.

13) Act No. 114/1995 on inland navigation, as subsequently amended.

14) Act No. 61/2000 on marine navigation.

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15) Section 1 Subsection 7 of Act No. 185/2004, the Customs Act, as subsequently amended.

16) Act No. 483/1991 on Czech Television, as subsequently amended.

Act No. 484/1991 on Czech Radio, as subsequently amended.

16a) Decision of the European Parliament and of the Council 2009/214/EC of 16 th September 2009 amending Council Directive 87/372/EEC on the frequency bands to be reserved for the coordinated introduction of public pan-European cellular digital land-based mobile communications in the Community.

16b) Sections 473 to 475a and Section 477 of Act No. 40/1964 Coll., The Civil Code, as amended.

16c) Section 175f of Act No. 99/1963 Coll., the Civil Procedure Code, as amended.

17) Decree No. 138/2000 on radiotelephony traffic on inland waterways.

18) Act No. 18/2004 on the recognition of professional qualification and other qualifications of the citizens of other Member States of the European Union and on amendment to certain other Acts (Professional Qualification Recognition Act).

18a) Council Decision 2007/116/ES of 15th February 2007 on reserving the national numbering range for harmonized numbers for harmonized services of social value.

19) Decree No. 369/2001 on general technical requirements to ensure that persons with limited movement and orientation ability can use buildings.

20) Section 8 Subsection 1 Clause b) of Act No. 582/1991 on social security organisation.

21) Act No. 337/1992 on taxes and fees administration, as subsequently amended.

22) Section 2 Subsection 2 of Act No. 280/2009, on Administration of Taxes.

23) Article 15 Paragraphs 1 and 3 of European Parliament and Council Directive No. 2002/21/EC, on a common regulatory framework for electronic communications networks and services (the Framework Directive).

24) Act No. 526/1990 on prices, as subsequently amended.

24a) Act No. 634/1992 Coll., on Consumer protection, as amended.

25) Act No. 22/1997 on technical requirements for products and on amendment to certain Acts, as subsequently amended.

26) Government Order No. 426/2000 to lay down the technical requirements for radio and television terminal equipment.

27) Act No. 64/1986 on Czech Trade Inspection, as subsequently amended.

28) Act No. 227/2000 on electronic signature and on amendment to certain other Acts (the Electronic Signature Act), as subsequently amended.

29) Commission Decision No. 2003/548/EC on the minimum set of leased lines with harmonised characteristics and associated standards referred to in Article 18 of the Universal Service Directive.

30) Section 66a of Act No. 513/1991.

31) European Parliament and Council Directive No. 2002/19/EC on access to, and interconnection of, electronic communications networks and associated facilities (Access Directive), Annex II.

32) Act No. 563/1991 on accounting, as subsequently amended.

33) Act No. 513/1991.

34) Act No. 101/2000, as subsequently amended.

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35) Section 5 of Act No. 101/2000.

36) Section 88 of Act No. 141/1961 on criminal procedure (Code of Criminal Procedure), as subsequently amended

37) Sections 6 to 8 of Act No 154/1994 on the Security Information Service, as amended.

37a) Sections 9 and 10 of Act No 289/2005 on Military Intelligence.

37b) Directive 2006/24/EC of the European Parliament and of the Council of 15 March 2006 on the retention of data generated or processed in connection with the provision of publicly available electronic communications services or of public communications networks and amending Directive 2002/58/EC.

38) Section 18 of Act No. 239/2000 on the integrated rescue system and on the change of some laws.

39) Act No. 240/2002, on crisis management and on the amendment of some laws (Crisis Act).

Constitutional Act No. 110/1998, on the Security of the Czech Republic.

40) Government Order No. 18/2003 Sb., laying down the technical requirements for products in terms of their electromagnetic compatibility.

41) Act No. 50/1976 on Territorial Planning and the Building Rules (the Building Act), as subsequently amended.

42) Act No. 114/1992 on Nature and Landscape Protection, as subsequently amended.

43) Section 32 Subsection 1 Clause a) of Act No. 50/1976.

44) Section 32 Subsection 1 Clause c) of Act No. 50/1976.

44a) Act No. 184/2006 Coll. on the removal or restriction of ownership right to land or a building (Expropriation Act).

45) Act No. 89/1995 on State Statistical Service, as subsequently amended.

46) Act No. 451/1991, laying down certain additional requirements relating to the holding of positions in the State authorities of the Czech and Slovak Federative Republic, the Czech Republic and the Slovak Republic, as subsequently amended.

46a) Act No. 236/1995 Coll. on salaries and other allowances related to the office of government and selected public authority representatives and judges, as amended.

47) Act No. 552/1991 on state control, as subsequently amended.

48) Act No. 148/1998, on the protection of confidential information and on amendment to certain Acts, as subsequently amended.

Act No. 240/2000.

48a) Section 152 Subsection 5 of the Code of Administrative Procedure.

48b) Section 101 Clause e) of Act No. 500/2004 Coll., the Code of Administrative Procedure.

49) Section 2 Clause r) and Section 4 Subsection 1 Clause i) of Act No. 365/2000, on public administration information systems and on amendment to certain other Acts, as subsequently amended.

49a) Act No. 40/1964 Coll., the Civil Code.

Act No. 513/1991 Sb., the Commercial Code.

50) For example Act No. 328/1999 Coll., on Personal Certificates, as amended, Act No. 329/1999 Coll., on Travel Documents and on the amendment of Act No. 283/1991 Coll., on the Police of the

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Czech Republic, as amended, (the Act on Travel Documents), as amended, Act No. 325/1999 Coll., on Asylum and Amendment to Act No. 283/1991 Coll., on the Police of the Czech Republic, as amended, (the Asylum Act), as amended, Act No. 326/1999 Coll., on the Residence of Aliens in the Czech Republic and amending certain Acts, as amended.

51) For example Section 46b Clause a) of the Code of Civil Procedure.

52) Act No. 328/1999 Coll., on Personal Certificates, as amended.

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

53) Act No. 269/1994 Coll., on Penal Register, as amended.

54) Act No. 258/2000 Coll., on protection of the public health and on amendment to some related laws, as amended.

Government Decree No. 1/2008 Coll., on protection of health against non-ionizing radiation, as amended by Government Regulation No. 106/2010 Coll.

55) Section 147 of the Code of Administrative Procedure.

56) Section 37 Subsection 4 of the Code of Administrative Procedure.

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

57a) Section 146 of the Code of Administrative Procedure.

58) Act No. 99/1963 Coll., Code of Civil Procedure, as amended.

59) Act No. 141/1961 Coll., on criminal judicial procedure, as amended.

60) Act No. 273/2008 Coll., on the Police of the Czech Republic, as amended.

Act No. 137/2001 Coll., on the special protection of a witness and other persons in connection with criminal proceedings and on the amendment of Act No. 99/1963 Coll., Civil Legal Code, as amended.

61) Act No. 15/1998 Coll., on Supervision in the Capital Market Area and on the Amendment of other acts, as amended.

62) Section 57 of the Civil Code.

63) Section 53 Subsection 7 of the Civil Code.

64) Act No. 89/2012, the Civil Code.

65) Regulation (EU) No 531/2012 of the European Parliament and of the Council of 13 June 2012 on roaming on public mobile communications networks within the Union.

66) Commission Implementing Regulation (EU) No. 1203/2012 of 14 December 2012 on the separate sale of regulated retail roaming services within the Union.

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