258
ACT
of 22 October 2014,
amending Act No. 127/2005 Coll., on electronic communications and on amendments to certain related
Acts (the Electronic Communications Act), as amended,
and Act No. 29/2000 Coll., on postal services and on amendments to certain Acts
(Act on Postal Services), as amended
Parliament has passed the following Act of the
Czech Republic:
PART ONE
Amendment to the Act on Electronic
Communications
Article I
Act No. 127/2005 Coll., on electronic
communications and on amendments to certain related
Acts (the Electronic Communications Act), as amended
by Act No. 290/2005 Coll., Act No.361/2005 Coll.,
Act No.
186/2006 Coll., Act No. 235/2006 Coll.,
Act No.
310/2006 Coll., Act No. 110/2007Coll.,
Act No.
261/2007 Coll., Act No. 304/2007Coll.,
Act No. 124/2008 Sb., Act No. 177/2008 Coll., Act
No. 189/2008 Coll., Act No. 247/2008 Coll., Act No.
384/2008 Coll., Act No. 227/2009 Coll., Act No.
281/2009 Coll., Act No. 153/2010 Coll., the findings of
the Constitutional Court, published under No. 94/2011
Coll., Act No. 137/2011 Sb., Act No. 341/2011 Coll.,
Act No. 375/2011 Coll., Act No. 420/2011 Coll., Act
No. 457/2011 Coll., Act No. 458/2011 Coll., Act No.
468/2011 Coll., Act No. 18/2012 Coll., Act No. 19/
/2012 Coll., Act No. 142/2012 Coll., Act No. 167/
/2012 Sb., Act No. 273/2012 Coll., Act No. 214/ /2013
Coll. and Act No. 303/2013 Coll., shall be amended as
follows:
1. In Section 10, paragraph 1 subparagraph (h),
including footnote No. 65, shall read:
“h) information which the entities shall disclose on the
basis of this Act, a special legal regulation or the
directly applicable legislation of the European
Union 65), ”.
65) Regulation (EU) No 531/2012 of the European Parliament and
of the Council of 13 June 2012 on roaming on public mobile
communications networks within the Union.”.
2. In Section 15 paragraph 5, the word “state”
shall be deleted.
3. In Section 63 Paragraph 1, subparagraph (p)
shall read:
“p) in the event the contract is terminated
before the expiry of the period for which the
contract is concluded, whether by notice or by
agreement of the parties, information on the
amount of the payment, which, in the case of a
contract concluded with a consumer, may not
be higher than one-fifth of the sum of the
monthly fees remaining to the end of the
period agreed as the contract term, or
one-fifth of the sum of the minimum agreed
monthly payments remaining to the end of the
period agreed as the contract term and the
reimbursement of the costs associated with
the telecommunications terminal equipment,
which was provided to the subscriber under
advantageous conditions.”
4. In Section 63, paragraph 6 shall read:
“(6) The undertaking providing publicly available
electronic communications service or ensuring
connection to the public communications network shall
at least 1 month before the effective date of any change
to the contract publish information concerning such a
change in each of its commercial premises and in a
manner that enables remove access. At the same time
the undertaking is required to inform the subscriber of
such publication. In the case of a substantial change to
the contract, which change represents a worsening of
the position of the subscriber, the undertaking shall also
inform a subscriber whose contract contains a provision
imposing sanctions in the event the contract is
terminated before the expiry of the term for which the
contract is concluded of his right to terminate the
contract before the effective date of such a change,
without such sanctions if the subscriber does not accept
the new conditions. The undertaking shall provide this
information to the subscriber in the manner the
subscriber has elected for sending bills. No right to
terminate the contract shall arise under this provision if
there is a change to the contract due to changes in the
legislation or in the case of changes to the contract
pursuant to Subsection 5.”.
5. In Section 63 paragraph 9, the word
“subscriber” shall be replaced by the word
“consumer”.
6. In Section 63 paragraph 10, the word
“subscriber” shall be replaced by the word
“consumer”.
7. In Section 63 paragraph 11, the words “with the
consumer” shall be added after the word
“concluded”.
8. In Section 88 paragraph 3, the last sentence
shall be deleted.
9. In Section 108 paragraph 1 subparagraph (m),
the word “state” shall be deleted.
10. The title above Section 113 shall read:
“Inspection
in
Electronic
Communications”.
11. In Section 113 paragraph 1, the word “state”
shall be deleted.
12. In Section 113, paragraphs 2, 10 and 11 shall
be deleted.
Former paragraphs 3 to 9 shall be renamed 2 to 8.
13. In Section 113, the words “and numbers” shall
be added at the end of the text to paragraph 2.
14. In Section 113 paragraph 3, the words
“authorised persons” shall be replaced by the
word “inspectors”.
15. In Section 113 paragraph 4, the words
“authorised persons” shall be replaced by the
word “inspectors”, and the words
“Authorised persons” shall be replaced by the
word “Inspectors”.
16. In Section 113, paragraph 8 shall read:
“(8) Authorisation to perform an inspection shall
be in the form of a permit, whose template shall be set
out in an implementing legal regulation.”.
17. In Section 113, a paragraph 9 shall be added,
which shall read:
“(9) By numbers inspection, the Office shall
ensure compliance with the conditions laid down for
their use in this Act, its implementing legal regulations,
measures of a general nature and decisions issued
pursuant to this Act. Numbers inspection is generally
carried out without warning the persons using these
numbers to provide services or access to electronic
communications networks.”.
22. In Section 118 paragraph 12, the word “or” at
the end of subparagraph (l) shall be deleted.
23. In Section 118, the full stop at the end of
paragraph 12 shall be replaced by a comma
and subparagraphs (n) and (o) shall be added,
which, including footnote no. 66 shall read:
“n) contrary to the directly applicable legislation of the
European Union regulating roaming on public
mobile communications networks within the
Union 65)
1. fails to set prices for providing electronic
communications services,
2. fails to provide electronic communications
services under the specified conditions,
3. fails to ensure the transparency of retail
roaming prices,
4. fails to introduce the separate sale of roaming
services under the specified conditions, or
5. fails to carry out the separate sale of roaming
services, or
o) contrary to the directly applicable legislation of the
European Union regulating the separate sale of
regulated retail roaming services within the Union
66)
1. introduces a technical solution for the separate
sale of roaming services other than in the
specified manner, or
2. fails to provide information to the users.
18. In Section 114 paragraph 1 first sentence, the
words “liable person” shall be replaced by the 66) Commission Implementing Regulation (EU) No.
words “person performing a communications 1203/2012 of 14 December 2012 on the separate sale of
activity under this Act (hereinafter referred to regulated retail roaming services within the Union.“.
as a “liable person”)”.
24. In Section 118 paragraph 13, the word “or” at
19. In Section 118 paragraph 1 subparagraph (l),
the end of subparagraph (k) shall be deleted.
the words “Section 85 paragraph 7,” shall be
25. In Section 118, at the end of paragraph 13, the
replaced by the words “Section 85 paragraph
full stop shall be replaced by the word “, or”
6,” and the words “Section 9 paragraph 2,
and subparagraph (m) shall be added, which
Section 16 paragraph 2,” shall be inserted after
shall read:
the words “Office in accordance with”.
“m) fails to comply with the obligation relating to
20. In Section 118 paragraph 5 (a) the words “the
the obligation to enable wholesale roaming access
deficiencies identified during the performance
under the conditions laid down in the directly
of
state
inspection
of
electronic
applicable legislation of the European Union on
communications within the time limit set by
roaming on public mobile communications
the Office” shall be replaced by the words
networks within the Union 65).”.
“identified the deficiencies within the time
limit”.
26. In Section 118 paragraph 14, a new
subparagraph (e) shall be inserted after
21. In Section 118 paragraph 8, subparagraphs (l)
to (n) shall be deleted.
subparagraph (d), which shall read:
The former sub-paragraphs (o) and (p) shall be renamed “e) violates the duty of confidentiality pursuant to
subparagraphs (l) and (m).
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Collection of Laws No. 257 / 2014
Section 97 paragraph 8,”.
The former subparagraphs (e) to (ac) shall be renamed
subparagraphs (f) to (ad).
27. In Section 118 paragraph 14 (ac) the word
“subscriber” shall be replaced by the word
“consumer”.
28. In Section 118 paragraph 22 (b), the words
“paragraph 8 (d) to (p), paragraph 10 (j) to (r),
paragraph 12 (f) to (m), paragraph 13 (i) to (l),
paragraph 14 (j) to (ac)” shall be replaced by
the words “paragraph 8 (d) to (m), paragraph
10 (j) to (r), paragraph 12 (f) to (o), paragraph
13 (i) to (m), paragraph 14 (k) to (ad)”.
29.In Section 118 paragraph 22 (c), the words
“paragraph 14(a) to( i)” shall be replaced by
the words “paragraph 14 (a) to (j)”.
30. In Section 119 paragraph 1 (m) the words
“Section 9 paragraph 2, Section 16 paragraph
2,” shall be inserted after the words “Office in
accordance with”.
31. In Section 119 paragraph 6 (a), the words “the
deficiencies identified during the performance
of state inspection of electronic
communications within the time limit set by
the Office” shall be replaced by the words
“identified the deficiencies within the time
limit”.
32. In Section 150 paragraph 2, the words
“Section 113 paragraph 9” shall be replaced by
the words “Section 113 paragraph 8”.
Part 107