Act No. 194/2017 Coll., on measures to reduce the costs of deploying high-speed electronic communications networks and amendments of certain related Acts (hereinafter reffered to as "Act"), provides for in Sections 4 (2), 8 (2) and 10 (2) an obligation to submit a draft contract as an integral part of the application for access to physical infrastructure, on-site survey and coordination of construction works, when filed.The application shall be filed in written, thus it can be submitted either in paper or electronic version.
According to Section 3 (3) letter (c) of the Act, the Czech Telecommunication Office (hereinafter reffered to as „CTU“) is obliged to publish (as a follow-up to the public consultation regarding sample contracts pursuant to Section 130 of the Act) in a manner allowing remote access sample contracts according to Sections 4, 8 and 10 of the Act, i.e. sample contract on access to physical infrastructure, sample contract on on-site survey and sample contract on coordination of civil works.
Elementary provisions of each individual sample contract are included in Sections 4 (2), 8 (2) and 10 (2) of the Act. Further elements depend on the concrete subject of the contract. Pursuant to Section 1725, second sentence, of the Act. No 89/2012 Coll., Civil Code, parties to the contract are allowed to negotiate a contractual content at will while respecting legal framework.
Parties to the respective contracts are both the entitled person pursuant to Section 2 d) and the obligated person pursuant to Section 2 c) of the Act.
Pursuant to Sections 4, 8 and 10 of the Act the entitled person is obliged to use either the respective sample contracts published by CTU in a manner allowing remote access, or the sample contracts of the obligated person, if formulated and published.
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