Czechia

[CZ] The New Law on Telecommunications

IRIS 2000-6:1/24

Jan Fučík

Česká televize

The new Law regulates the provision of the so-called universal service for the period of full telecommunications liberalisation. It defines the rights and obligations of telecommunications operators and customers, it allows new business entities (undertakings) to enter the industry, and defines the role of the state in the orientation and regulation of the market. The new Law aims to achieve compatibility with EC legislation. The Law sets out the conditions for the setting up and operating of telecommunications equipment and networks, the rights and obligations of the providers of those networks, the conditions for the provision of telecommunications services, the rights and obligations of the providers of these services, the rights, obligations and protection of the telecommunications service users, individual elements of the regulatory framework and the regulation in telecommunications matters in general focussing on the frequency spectrum, administration and numbering plan. It also regulates the exercise of state inspection, and inspection activities in the industry, the exercise of state administration in the telecommunications sector, the setting up of an independent body for state administration and regulation of the telecommunications industry. The Law contains some definitions; for example: "public communications network" means a telecommunications network used, in whole or in part, for the provision of publicly-available telecommunications services; "Telecommunications service" means services the provision of which consists wholly or partly in the transmission and routing of information on telecommunications networks, with the exception of radio and television broadcasting.

The Law contains a definition of the universal service. It means a defined minimum set of services of specified quality that is available to all users on the territory of the state at an affordable price. Public service includes e.g. universal telephone services, public phones, for which coins or payment cards are used as payment, the possibility of having free of charge connection to the short codes of the police, emergency medical aid and rescue service.

State administration in the field of telecommunications is exercised by the Czech Telecommunications Board. The Director of the Board is designated by the Government of the Czech Republic, on the proposal of the Minister of Transport and Communications.

According to the new Law, the frequency spectrum administration should be exercised by the Telecommunication Board. The Board shall exercise in cooperation with the Council for Radio and TV Broadcasting (hereinafter "Council") the frequency planning of the part of the frequency spectrum allocated for radio and television broadcasting. The Board should hand over to the Council coordinated frequencies for radio and TV broadcasting as requested by the Council. The Board will be able to make a decision on frequency allocation including its technical parameters only upon approval by the Council, as is also the case for other telecommunication services in this part of the spectrum. The Board can issue an authorisation for a transmitter for the radio or television broadcasting only if a licence has been issued by the Council.