Amendment of the Telecommunications Law Act - UKE

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Amendment of the Telecommunications Law Act


Amendments of the Telecommunications Law Act were published in the Official Journal 229.1499 of 6 December 2010.


The act introduces a possibility for the President of UKE to approve of detailed proposals of regulatory conditions defining the way to fulfil regulatory obligations previously imposed on a telecommunications undertaking or to fulfil other obligations of a telecommunications undertaking which contribute to the development of equal and effective competition, the development and usage of modern telecommunications infrastructure or ensure maximum benefits to end-users as far as variety, price and the quality of telecommunications services are concerned.  

Detailed regulatory conditions will result from an accord between the telecommunications undertaking and the President of UKE. It is the undertaking who will submit to the President of UKE detailed proposals of regulatory conditions.

Within the framework of the proceedings to approve of detailed regulatory conditions, the President of UKE will be authorised to undertake actions meant to fully analyze the circumstances based on which a decision approving of detailed regulatory conditions is to be issued - the act foresees e.g. arrangements with the telecommunications operator referring to detailed regulatory conditions or the possibility to resort to the opinion of experts in the scope associated with the proposals of detailed regulatory conditions.

The decision on the approval of detailed regulatory conditions will be taken within 90 days of the submission of an application. Provisions pertaining to the consultations proceedings will apply to such a decision.
The decision on the approval of detailed regulatory conditions will be appealable to the County Court in Warsaw - the court of consumer and competition protection.
The lack of or improper fulfilment of detailed regulatory conditions approved of by a decision will be subject to a monetary fine.

Due to a 14-day vacatio legis, the act will enter into force on 21 December 2010.


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