Poland: Changes to Polish Telecommunications Act.

Poland

On 8 September 2010 the Polish Sejm (lower chamber of parliament) passed some amendments to the Polish Telecommunications Act.

The changes are addressed to entities that have a significant market position and focus on the conditions of their telecommunications activity. The changes aim to improve the competition on the market as well as aid the implementation of new telecommunications infrastructure.

Under the new act, telecoms with a significant market position will be authorised to propose the conditions of their telecommunications activity to the President of the Office of Electronic Communication (“UKE”) and negotiate these conditions with UKE. During the procedure, UKE will consider whether the proposition will have a positive impact on the competition on the market and whether it improves the quality of services for end users.

The President of the Office of Electronic Communication is obliged to issue a decision within 90 days of receiving a proposition. UKE will be authorised to levy a fine on the telecom if it fails to perform or improperly performs the obligations assigned during the new procedure.