General Information
The new Act No. 127/2005 Coll., on Electronic Communications and on Amendment to Certain Related Acts (the Electronic Communications Act) came into effect as at 1 May 2005, repealing Act No. 151/2000 Coll., on Telecommunications and on Amendment to Other Acts, as amended.
The new Act No. 127/2005 Coll., on Electronic Communications and on Amendment to Certain Related Acts (the Electronic Communications Act) came into effect as at 1 May 2005, repealing Act No. 151/2000 Coll., on Telecommunications and on Amendment to Other Acts, as amended.
The main reason for the change was the need to fulfil the Czech Republic’s obligation of transposing EU legislation (EU Regulatory Framework 2002) in the legislation of the Czech Republic.
Another reason for the adoption of the new law was the rapid recent development in the telecommunications area, especially the new services and the convergence of telecommunication, media and information technologies.
All the above reasons required factual changes to the previous legislation.
The changes based on the Electronic Communications Act can be classified in several basic groups. The most fundamental changes have been made in the terminology and in the new legal institutes for electronic communications (particularly in respect of the authorisations for business activities in the electronic communications area). The over-all conception of electronic communications regulation also represents a substantial change, especially in respect of the exercise of regulatory activities and the imposition, if necessary, of corrective measures (analyses of relevant markets, determination of undertakings with significant market power, imposition of obligations to rectify the market, …).
As to the execution of public administration, it should be emphasised that as distinct from the situation based on the previous legal regulation (Act No. 151/2000 Coll., on Telecommunications and on Amendment to Other Acts, as amended), the number of electronic communications regulation bodies has been extended and the organisation of the Czech Telecommunication Office has been changed.
Within the meaning of Section 5, Section 6, Section 105 and Section 108 of the Electronic Communications Act, the Ministry of Industry and Trade of the Czech Republic is another regulatory body, in addition to the Czech Telecommunication Office.
For the Czech Telecommunication Office, the new Electronic Communication Act has brought about substantial changes in respect of the competences of the Office and in respect of its organisation. The Electronic Communications Act dissolved the former Czech Telecommunication Office established on the basis of Act No. 151/2000 Coll. and a new Czech Telecommunication Office has been founded as a central administrative authority, for which there is a separate chapter in the state budget. Prague is the seat of the Czech Telecommunication Office. Another significant change is the establishment of the Council of the Czech Telecommunication Office, which has five members. The Chairperson of the Council, who leads the Council’s activities, is one of those five. The Council of the Czech Telecommunication Office as a collective body takes the most substantial legal measures (Section 107 of the Electronic Communications Act); at the same time, it acts as a reviewing body on the decisions made by the Chairperson of the Council of the Czech Telecommunication Office (Section 123 of the Electronic Communications Act). The Chairperson of the Council of the Czech Telecommunication Office acts on behalf of the Czech Telecommunication Office and is at its head.
Due to the above facts, especially the new legislation, the Czech Telecommunication Office’s web site is being continuously extended and updated, starting from 1 May 2005, to include new information and procedures so as to broadly inform the public on a regular basis.