How to make an entry or modification in the register of telecommunications undertakings kept by the President of the Office of Electronic Communications.
I. Legal basis
The legal basis for entry in the register of telecommunications undertakings is:
II. A specimen request form for entry in the register
An undertaking or another entity authorised to perform business activities under separate provisions, using a specimen request form for entry in the register or for a modification thereof (available at the bottom of the website), shall indicate telecommunications activities it intends to perform.
If the intended activity is not included in the specimen request form, "other" box should be ticked and filled with a general description of a telecommunications network, a telecommunications service or an associated facility in a way that unambiguously indicates the type and scope of such activity.
The type of a telecommunications service should match the type of a telecommunications network used.
In its request the undertaking or another entity authorised to perform business activities under separate provisions shall declare the following (Article 10 (5) of the Telecommunications Act):
"Being aware of the penal responsibility resulting from Art. 233 (6) of the Penal Code for the submission of a false statement, I hereby declare that:
1) the information included in the request for entry in the register of telecommunications undertakings is true;
2) I am aware of and fulfil the conditions for performing telecommunications activities referred to in the request, which result from the Telecommunications Act of 16 July 2004".
III. Where to submit requests
Requests for entry or a modification in the register of telecommunications undertakings should be submitted at an address of a Regional Office of Electronic Communications (UKE) that is relevant for the seat of an undertaking or another entity authorised to perform business activities under separate provisions.
The areas covered by Regional Offices of UKE correspond with the areas of particular provinces according to the current administrative division of Poland.
A request for entry in the register, all attachments and the entry in the register are not subject to stamp duty (Article 10 (12) of the Telecommunications Act).
IV. Certificate of entry in the register
The President of UKE shall issue ex officio a certificate of entry in the register of telecommunications undertakings within 7 days of making the entry in the register. Issuance of a certificate is not subject to stamp duty (Article 11 (4) of the Telecommunications Act).
If the President of UKE does not make an entry in the register within 7 days of the day on which the request together with a statement was received (and 14 days have lapsed since the request was received), an undertaking or another entity authorised to perform business activities under separate provisions may start to perform telecommunications activities having notified the President of UKE thereof. This does not refer to a situation in which the President of UKE called an undertaking or another entity authorised to perform business activities under separate provisions to supplement a request for entry in the register.
V. Current procedure for issuing certificates of registration in the register (duplicates)
In order to obtain a valid certificate of registration in the register of telecommunications, please contact the proper delegation of Office of Electronic Communications, right to the office of the entrepreneur.
The trader is obliged to request in writing specifying signed in accordance with the representation as in the NCR, and attach a stamp duty of 17 PLN into account:
Bank Handlowy SA
54 1030 1508 0000 0005 5003 6045
Please note, that given during registration or change of registration certificate is valid indefinitely.
VI. Modifications of entry in the register
Modifications of entry in the register of telecommunications undertakings shall be made using a specimen request form for entry or modification in the register of telecommunications undertakings (available at the bottom of the website).
VII. Removal from the register
In accordance with Art. 12 in conjunction with Art. with art . Paragraph 10 . 4 Section 1-8 of the Act of 16 July 2004 Telecommunications Law (OJ 2004 No. 173, item. 1807 with subsequent amendments), Where the entity terminates the telecommunications business, shall immediately submit a written request to the OEC to make removal from the register. To do this, complete the application form for registration or change of registration (at the bottom of this page) and send it to the delegation of UKE right to the office of the entrepreneur.
Failure to comply with this obligation, is encroachment of the obligation to supply information or documents provided by law and subject to penalty payments (art. 209, par. 1 p.1 Telecommunications Law). Furthermore, in accordance with art. 209 par. 2 Telecommunications Law, President of UKE can apply for a telecommunications company in charge a penalty of up to 300 percent monthly salary, as charged for the purposes of compensation for annual leave.
Removal from the Register of Business Entities / Central Register and Information on Business Activity and the National Court Register, does not result in automatic removal from the register of telecommunications companies. Therefore, the incumbent telecommunications entrepreneur submit the relevant application to the President of UKE.
VIII. Additional information
In case of questions please contact our employees responsible for the register: ph. +48 22 53 49 416.