Sample contracts

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.

More detailed information is available in Czech language only and can be reached by clicking „CZ“ in the upper right corner.

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