Telekomunikacja Polska S.A. is obliged to provide comprehensive directory services including the subscribers of all fixed and mobile networks.
On 12 October 2006, the European Commission communicated its intention to refer the case against Poland to the European Court of Justice due to Poland’s failure to implement its obligation to provide a comprehensive directory including all networks’ users.
Poland is obliged by Universal Service Directive 2002/22/EC to ensure that at least one comprehensive directory is available. The form of making the data available does not matter: it may be by means of a traditional printed directory, an information line or an Internet website.
The obligation to provide a comprehensive directory arose under the Telecommunications Act of 16 July 2004. According to Article 103 of the Act, a comprehensive directory and a comprehensive directory enquiry service shall be provided by an undertaking designated to provide universal service serving the biggest number of subscriber lines in the area of Poland. Therefore during the first stage an undertaking to provide universal service was designated and then an obligation to provide comprehensive directory and directory enquiry services was imposed on it.
By a Decision of 5 May 2006, Telekomunikacja Polska S.A. (TP) as the only telecommunications undertaking that participated in the competition was designated to provide universal service. Subsequently, by a Decision of the President of UKE of 14 July 2006, TP was obliged to provide comprehensive directory and directory enquiry services. This Decision, in addition to imposing the obligation to provide the above-mentioned services, defined detailed principles for their provision. In order to accelerate the implementation of these services the Decision was immediately enforceable.
As far as the comprehensive directory is concerned, TP is obliged to provide this service in a printed (traditional directory) and electronic form (on electronic carriers, e.g. CDs) as well as may provide options to search telephone numbers using Internet.
The President of UKE is taking further steps aimed at ensuring that TP launches a comprehensive directory service as soon as possible. These steps consist, first and foremost, in monitoring the process of submitting data by telecommunications undertakings for the purposes of a comprehensive directory and in exercising proceedings at the request of telecommunications undertakings for issuing decisions to resolve disputable issues and to specify the conditions for the provision of data. Currently 12 such proceedings are being held by the Office at the request of TP.