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On 27 March 2006 the Commissioner for Civil Rights Protection - guarding human and civil freedoms and rights specified in the Constitution and other legal acts - appealed to the Constitutional Tribunal with the petition to state that article 19 paragraph 9 of the Act on cinematography of 30 June 2005 is not consistent with the Constitution. The Act on cinematography of 30 June 2005 came into force on 19 August 2005. However, provisions on charges, being an important part of the cinematographic production support system (Article 19) came into force on 1 January 2006 (see IRIS 2006-1: 18). The Act...

On 26 January 2006, the European Commission decided that certain measures taken by the Polish state in the telecommunications sector should not be considered as state aid in the sense of Articles 87 and 88 of the EC Treaty. The Polish authorities had notified a law to the Commission for it to clarify whether the measures constituted state aid. The law envisages the prolongation of deadlines for telecoms operators' licence fee payments, debt write-offs and the conversion of outstanding debt into companies' shares. The payment obligations of the telecoms companies concerned arose from the purchase...

The audio-visual sector in Poland is governed mainly by the Brodcasting Act of 29 December 1992 (Journal of Laws of 2001 No. 101, Item 1114 as amended) and, in the field of new technologies, by the Telecommunications Law of 16 July 2004, replacing the Law of 21July 2000 (Journal of Laws 2004 No. 171 Item 1800 as amended). Therefore, until the latest revision of the Broadcasting Act and other Laws of 29 December 2005, the National Broadcasting Council (NBC), together with the President of the Office of Telecommunications and Post Regulation (OTPR) have both acted as regulatory bodies in the audio-visual...

On 1 September 2005 the National Broadcasting Council (NBC) adopted a position on the Issues Papers presented by the European Commission, in the framework of the public consultation on the revision of the "Television without Frontiers" Directive. The adopted documents have been sent to the Commission. The NBC supported the basic premise that the new Directive should include regulations that will be technologically neutral and will take into account media convergence, and that a complex and integrated approach to the Information Society and to audiovisual media services was necessary. It also supported...

On 7 September 2005 the National Broadcasting Council (NBC) adopted a regulation on the procedure for announcing the competition on frequency reservation with a view to digital terrestrial broadcasting or retransmission of radio or television programme services. The regulation came into force 14 days after its announcement in the Official Journal. This regulation was issued on the basis of article 121 of the Telecommunications Law of 16 July 2004, that transposed the EC electronic communications regulatory package into national law. The Regulation specifies: 1) the procedure of announcing the aforementioned...