In connection with incoming questions, the President of UKE informs that during the last two months ex-officio administrative proceedings have been initiated to issue, to the Municipal Guards, decisions prohibiting the use of devices measuring the speed in road traffic, if there is evidence that they work with the use of 34.0 GHz and 34.3 GHz frequency bands.
Currently investigations are carried out in relation to approximately 80 entities that have been found to possess this type of equipment.
These actions stem from the competences of the President of UKE set out in the Telecommunications Act. Pursuant to Article 203 (1) in connection with Article143 (1) and Article 206 (1) of the Telecommunications Act, if radio equipment is used without the required permits, the President of UKE shall issue a decision prohibiting the use of the radio equipment. This decision shall be immediately enforceable.
In the case of devices that work with the use of 34.0 GHz and 34.3 GHz frequency bands, the basis for action by the President of UKE are the provisions of Article 143 (1) of the Act of 16 July 2004 on Telecommunications Law (Journal of Laws of 2014, item 243, as amended) imposing a requirement to hold a radio license issued by the President of UKE (Article 143 (2) of the Telecommunications Act).
It should be noted that in the case of these devices, regardless of the obligation to obtain a radio license, according to the Ordinance of the Council of Ministers of 27 December 2013 on the National Table of Frequency Allocations (Journal of Laws of 2014, item 161), the frequency ranges of 33.4 - 34.2 GHz (item 523) and 34.2 - 34.7 GHz (item 524) are allocated for radiolocation, and its potential civil use needs to be agreed individually with the Minister of National Defence, prior to issuing any single permit.
Having the above in mind, the President of the Office of Electronic Communications informs that currently the work of equipment for measuring the speed of traffic with the use of 34.0 GHz and 34.3 GHz frequency bands shall not be authorized.