Notification of the business

Form „Notification of the business 277 kB | doc

(Important notice! The document "Notification of the business" (pdf), which can be downloaded below, is an unofficial document for information only. According to Section 135 Act No. 127/2005 Coll. all written submissions shall be in the Czech language. For this purpose, please, use the above mentioned Czech version of the document.

Notification of communication activity

Natural and legal persons notify CTU in writing of communication activity which is deemed business activity in electronic communications by delivering a properly and fully completed “Notification of communication activity” form, including appendices, according to Section 13 and by complying with the general terms and conditions laid down in Section 8 of Act No. 127/2005 Coll. (hereinafter referred to as “Notification of communication activity”). This must be done in Czech language.

Natural and legal persons send the completed “Notification of communication activity” form to CTU to the regional department depending on the address of the place of business of a natural person or the registered office of a legal person (see Contacts). Should such notification fail to meet all the particulars laid down in Section 13 of Act No. 127/2005 Coll., CTU will immediately call on the person in question to provide the required information within a time limit of not less than 14 days.

Authorisation to undertake business is established for the notifying person according to Section 8(2) of Act No. 127/2005 Coll. on the date of delivery of complete notification of communication activity which is deemed business activity in electronic communications that meets the particulars laid down in Section 8 and Section 13 of Act on Electronic Communications.

Documents required to provide notification of communication activity

 

In order to meet the general terms and conditions for undertaking business according to Section 8(3) of Act No. 127/2005 Coll., natural and legal persons substantiate such notification with the following original documents or copies of original documents authenticated by a notary (documents may also be authenticated at the locally-competent department of CTU):

  1. The basic data of the natural person required for requesting a copy of an entry in the Criminal Records by CTU in accordance with the provisions of Section 8(6) of Act No. 127/2005 Coll. (this data is stated in point 7(a) of the “Notification of communication activity” form). The data must be filled in by the person notifying the communication activity (an entitled person). On the ground of the submitted data CTU will request a copy of an entry from the Criminal Records to prove having no criminal record according to Act No. 269/1994 Coll., on the Criminal Records as amended. It is also possible to present a document of being without a criminal record according to Section 8(6) of Act No. 127/2005 Coll. issued within the past 3 months. A natural person who is not a citizen of the Czech Republic proves having no criminal record with a copy of an entry in similar criminal records issued by the state of which the natural person is a citizen and with documents issued by states in which he/she has stayed in for longer than three months without interruption within the past three years. These documents must be issued within the past three months. If the respective state does not issue the copies of an entry or the documents, the natural person will have to present to CTU a declaration of honour on being without a criminal record.
  2. The basic data of the legal person required for the issue of a copy of an entry in the Criminal Records by CTU in accordance with the provisions of Section 8(6) of Act No. 127/2005 Coll. On the ground of the submitted data CTU will request a copy of an entry from the Criminal Records to prove having no criminal record according to Act No. 269/1994 Coll., on the Criminal Records as amended. It is also possible to present a document of being without a criminal record according to Section 8(6) of Act No. 127/2005 Coll. issued within the past three months. A legal person having its registered office outside the Czech Republic proves that it has no criminal record with a copy of an entry in similar criminal records issued by the state in which it has its registered office, if that state issues such documents, and with documents issued by states in which it has undertaken business for longer than 3 months in the past three years, if these states issue such documents. These documents must be issued within the past three months.  If the respective state does not issue the copies of an entry or the documents, the legal person will have to present to CTU a declaration of honour on being without a criminal record. The data and documents specified under (c) must also be presented by a (natural) person authorised to act on behalf of the legal person.
  3. A foreign legal person having its registered office in another EU member state submits a copy of an entry in the Commercial Register of the respective EU member state.
  4. When providing notification, a legal person not yet entered in the Commercial Register must also present an authenticated copy of the contract or deed of foundation or establishment of the legal person in accordance with Section 13(5) of Act No. 127/2005 Coll..

Certificate of notification of communication activity

CTU issues a person specified in Section 13(1) of Act No. 127/2005 Coll. who provided notification of communication activity deemed to be business activity in electronic communications with a certificate to confirm that this person has submitted notification according to point 2 of this information, doing so within 1 week of the date of delivery of notification. It also assigns a natural person with an identification number, if one has not already been assigned.

CTU issues such a certificate only if the notification of communication activity meets all the particulars stipulated by Act No. 127/2005 Coll.. Should such notification fail to meet all the particulars laid down in Section 13 of the Act, CTU will immediately call on the person in question to provide the required information within a time limit of not less than 14 days. In case the notification does not meet all the particulars after the time limit, CTU will not issue the certificate, terminate the proceeding and inform the person in question.

 

Changes to the data provided in notification of communication activity

Natural and legal persons that have submitted notification of communication activity deemed to be business activity in electronic communications are obliged to inform CTU in writing without delay of any changes to the data presented in notification, doing so by completing the “Notification of communication activity” form, in which they must indicate, either in point 1.1 or 1.2, the purpose of notification of “changes to activity already notified”. This does not apply in the case that the change of data was reported through a different place of administration in accordance with Act No. 111/2009 Coll., on basic registers as amended.

As changes to the data provided in the notification are regarded the following changes: -changes to the identification data notified in the first notification of communication activity, -changes to the already notified communication activity or -a newly started communication activity of the person already notified.

Natural and legal persons send the completed form to CTU´s regional department that is locally competent according to the address of the place of business of a natural person or the registered office of a legal person (see Contacts).

The certificate of notification is issued by CTU only upon request of the natural or legal person. Such a requirement must be indicated in point 2 of the “Notification of communication activity” form.

Discontinuation of communication activity

Natural and legal persons who have discontinued communication activity according to general authorisation are obliged to report this to CTU within a time limit of one week of discontinuing communication activity by completing the “Notification of communication activity” form, where they indicate, in point 1.4, that the purpose is “discontinuation of activity in certificate no.”

Natural and legal persons send the completed form to CTU's regional department that is locally competent according to the address of the place of residence of a natural person or the registered office of a legal person (see Contacts).

Ending communication activity

Natural and legal persons who have ended communication activity according to general authorisation are obliged to report this to CTU within a time limit of one week of ending communication activity by completing the “Notification of communication activity” form, where they indicate, in point 1.3, that the purpose is “ending activity in certificate no.”.

Natural and legal persons send the completed form to CTU´s regional department that is locally competent according to the the address of the place of business of a natural person or the registered office of a legal person (see Contacts).

Administrative fees

Natural and legal persons pay administrative fees into the income account of the regional department of CTU depending on the place of residence of the natural person or the registered office of the legal person at which he/she/it provides notification of communication activity. All contact data required for the payment of administrative fees is provided to the business undertaking by the locally-competent regional departments of CTU – see Contacts.

An administrative fee of CZK 1,000 is collected for the issue of a certificate of notification of communication activity (according to Section 13(5) of Act No. 127/2005 Coll.). The administrative fee is collected according to Act No. 634/2004 Coll., on administrative fees as amended, Tariffs annex, part VIII, point 109(a).

Natural and legal persons applying for the issue of confirmation of having communicated changes to notified data (according to Section 14(5) of Act No. 127/2005 Coll.) pay an administrative fee of CZK 500 when reporting changes. The administrative fee is collected according to Act No. 634/2004 Coll., on administrative fees as amended, Tariffs annex, part VIII, point 109(b).

Further information and the tariff of administrative fees can be found here.

 

Selected obligations of entrepreneur for registration purpose

In accordance with Section 73 (7) and (8) of the Act No. 127/2005 Coll. an entrepreneur providing a public communication network shall publish, in a manner allowing for remote access, and provide notification to CTU of the types of interface which it offers for connecting devices and their technical specifications. Details on this obligation can be found here.

In accordance with Section 80 (2) of the Act the entrepreneur shall no later than 10 days after signing an access contract or network interconnection contract submit to CTU the the complete wording of such a contract, including any annexes thereto. This obligation shall also apply to any amendment to an access contract or interconnection contract.

 

Records of business

CTU maintains a database of natural and legal persons that comply with the obligation to provide notification according to point 2 of this information. This is maintained in electronic format. The database is publicly accessible at the CTU website in Search database.

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