Radio frequencies can only be used based on individual authorisation to use radio frequencies, unless the law provides otherwise. The award of the individual authorisation to use radio frequencies is governed by:
1. Act No. 127/2005 Coll., the Electronic Communications Act ("the Act"), in Section 17 to Section 19b of which the principles are laid down for the award of individual authorisation to use radio frequencies;
2. The frequency band allocation plan (National table of frequency allocation) issued in Decree No. 105/2010, which was published in the Collection of Laws on 19 April 2010, Vol. 38;
3. The radio spectrum utilisation plan published in Vol. 14/2005 of the Telecommunication Bulletin (Telekomunikační věstník) (common part) and in the volumes of the Telecommunication Bulletin (annexes);
4. Government Order No. 154/2005 Coll., on determining the amount and method of calculating charges for using radio frequencies and numbers, as amended; and
5. The obligations arising from the Czech Republic’s membership in international organisations (the decisions and recommendations of CEPT/ECC, ETSI standards, ITU recommendations etc. are taken into consideration in frequency planning).
Where awarding of the individual authorisation is necessary, CTU will decide upon the award to any undertaking operating a network or providing a service of the electronic communications according to the general authorisation or to an undertaking using these networks or services or to a person not pursuing business activities in accordance with the requirements ensuring effective use of the radio frequencies. The decision on the award will be delivered upon an application in writing filed to CTU.
CTU can decide to extend the validity period after receiving the payment of the respective administration charge during the validity period of the previous authorisation. According to Section 71 of the Administrative Code, CTU is obliged to deliver the decision without delay. If it is not possible to decide immediately, the decision will have to be delivered not later than 30 days from the initiation of the proceeding. The proceeding is considered initiated at the date of delivery of the application to CTU. This period can be extended for up to 30 days, if other acts in the administrative proceeding are deemed necessary. However, the applications are decided upon according to the delivery order of the applications pursuant to Section 17(7) of the act.
Should the application be delivered to CTU just before the date of expiry of the authorisation, CTU may not be able to deliver the decision during the validity period of the authorisation. The applicant will be warned that an application for a new authorisation will have to be submitted and the payment of the respective administration charge made. Before delivery of the decision the applicant (holder of the invalid authorisation by then) cannot use the respective radio frequencies. Use of the radio frequencies without the valid authorisation is an administrative offence according to Section 118 or 119 of the Electronic Communications Act and can be fined according to the respective provisions of this Act.
In case of change of the authorisation holder (transfer of the individual authorisation) a submission of a common application of both current and new holder is required. The application with all the technical parameters is only required if there is some change in these specifications.
Note: For an aircraft station of aricraft mobile services, it is necessary for the future authorisation holders, shall he use the allocated radio frequencies for sports or recreation purposes, to state such information in the solemn declaration attached to the application.
If you have any questions, please, contact us by phone.
For filing the application, please, contact us in writing.
The application for using radio frequencies for experimental use according to Section 19b of the Electronic Communications Act shall be filed in the same way as the application for the individual authorisation.