The deployment of electronic communication networks and the procedure and conditions associated with rights to such deployment are regulated by Act No. 183/2006 Coll. on planning and the building code (Building Act), as amended (hereinafter referred to as Act No. 183/2006 Coll.), and Act No.127/2005 Coll., on Electronic Communications and on Amendment to Certain Related Acts, as amended.
A directory of building authorities is available at the website of public administration for the Czech Republic.
The obligations of constructors and intercourse of the communication lines of the public communication network with the surrounding environment are set out in Section 101 of the Electronic Communications Act.
In the procedures according to the Building Act the constructors of buildings, water infrastructures or facilities whose construction is connected to earth works are obliged to substantiate an application for a respective decision with a statement of the public communication network operator regarding existence of aboveground or underground communication lines on a building site. The constructers are required to submit such statements from those undertakings notified by the building authority. The building authority shall provide for the conditions for the protection of the communication network lines in the respective decision. Those who will carry out the civil works are obliged to adopt the measures to prevent the communication network lines from damaging. This also relates to carrying out deep ploughing of agricultural fields, earth works and landscaping.
According to Section 100 paragraph 9 of the Electronic Communications Act interference with the operation of electronic communications equipment and networks, the provision of electronic communications services, or operation of radiocommunications services shall also be deemed to include interference caused by electromagnetic screening and reflection by buildings or by activities relating to the construction of buildings. This shall not be applied if the constructions or activities relating to the construction of buildings were started before the operation of the electronic communications equipment and networks. A change to the construction or to the operation of electronic communications equipment or network is considered a new construction or a new commencement of the operation of electronic communications equipment or network.
The electronic communications equipment and network operator, undertaking providing the electronic communications service or operator of radiocommunications service, whose operation is affected by the interference, shall invite the owner or constructor of the concerned building to conclude an agreement on suitable measures to remove the interference. If they fail to agree, the respective building authority shall decide according to the Building Act on the method of removing the interference in consultation with CTU upon proposal of either of the parties. If such a decision is not, due to its nature, within the power of the respective building authority, CTU shall make the decision on the method of removing the interference. The costs of the removal of the interference caused by buildings shall be borne by the owner of the building and the costs of the removal of the interference caused by construction shall be borne by the constructor.
Disputes in respect of the amount of efficiently and purposefully incurred costs in the remedial actions to remove interference shall be resolved by a court.
Inspection and Consumer Protection Department