„There's never been a project like this. It regulates the entire Polish electronic communications sector, replaces the current Telecommunications Law,” says the Ministry of Digital Affairs website. "Entrepreneurs will not be able to adapt to the new rules 21 December this year It is difficult to do this on the basis of the bill's draft," he reposts Polish Confederation Lewiatan. What should we be prepared for?
Implementation of the new telecoms law will not be easy, but it is also necessary, because Poland must adapt to the directives of the European Parliament and of the Council establishing the European Electronic Communications Code (EECC) signed to 20 December 2018 In this respect, the draft Law on Electronic Communications and the draft Act on Introductory Communications were proposed.
Implementation of ELKE
The ELEC includes a whole set of rules comprehensively governing the electronic communications sector in the European Union and replaces the four The existing electronic communications directives – framework, access, universal service and authorisation.
The new Electronic Communications Law will comprehensively regulate, among others, the performance of activities involving the provision of electronic communications services, the regulation of electronic communications markets, the provision of access, frequency management conditions, orbital resources and numbering resources, as well as rights and obligations of users, rules on the processing of telecommunications data and the protection of electronic communications confidentiality.
Until now, these issues have been regulated by the law of 16 July 2004 – Telecommunications law, which will be replaced by a new one. In the project over and over again first OTT (Over-the-top) services, i.e.
interpersonal communication not using numbers, will be regulated; transmission used for the provision of communication services will be a machine or direct billing service.
The new law also regulates:
- issues involving the registration of telecommunications operators and the register of local government units, information obligations of entities operating in the electronic communications market, responsibilities of traders relating to network and service security, public security obligations and charges related to the functioning of the electronic communications market;
- the management of frequencies and numbering resources, including conditions for obtaining, amending or renewing frequency reservations, radio authorisation issues, procedures relating to selection procedures conducted by the President of UKE;
- the issue of ensuring access to telecommunications networks, including the introduction of the power of the President of the UKE to issue general decisions that can regulate access issues in a comprehensive manner;
- regulation of the electronic communications market, including, inter alia, the process of analysing relevant markets, imposing regulatory obligations, obligations on wholesale markets, restrictions on retail markets, detailed investment conditions and regulatory accounting and cost calculation;
- multiplex operation;
- the rights of end-users, including issues relating to the conclusion and termination of contracts, the complaint of the service, the scope of documents consisting of the contract for the provision of electronic communications services, access to an independent comparative tool for the provision of electronic communications services, the regulation of direct billing services (service of additional billing);
- the operation of the universal service, including the mode of appointment of the designated operator;
- the functioning of the competent authorities in telecommunications and electronic communications matters.
Business voice on the Polish Electronic Communications Code
Entrepreneurs associated with Polish Confederation Lewiatan point out that companies will not be able to meet the requirements of the new law within the standard 9 months after the entry of the bill.
- The changes are intended to concern customer service, contract and offer – says Dr. Aleksandra Musielak, expert on digitalisation Polish Confederation Lewiatan. – Entrepreneurs will be able to realistically assess what changes they must make and order implementation work to begin only after the regulations are published in the Official Journal of the Laws. The Ministry should take this issue into account and not force companies to start multi-million-dollar implementation projects solely on the basis of the proposed content of the bill, which will change in the subsequent stages of legislative work.
Leviathan also draws attention to other issues, incorrectly included in the project or likely to harm Polish business in the future. The regulations providing for interference in ongoing contracts between entrepreneurs and customers are worrying. They violate the principle that the law does not act backwards.
The application of the provisions of the Electronic Communications Law to contracts concluded before the date of entry into force of the new Act will lead to a breach of the standards and principles resulting from the Polish Constitution and the Charter of Fundamental Rights of the European Union.
Such a provision violates acquired rights of telecommunications operators, restricts freedom of business.
According to Polish Confederation Lewiatan no automatic shortening to 24 months of contracts concluded with customers prior to the entry into force of changes to the Electronic Communications Law. Given that the content of contracts and patterns in terms of rules and prices (prices and rules will cease to apply), this will in practice be impossible to do. We are dealing with a mass market.
The restrictive and excessive regulation proposed by the Ministry of Digital Affairs on the additional billing service may lead to the closure of direct billing services.
This is a proposal going beyond EU regulations, and its adoption will result in unjustified differentiation of the situation of Polish entrepreneurs vis-à-vis companies operating in other EU countries.
The Act should provide only for a regulation imposing a legal obligation as to the possibility for subscribers to notify the blocking of additional debit services.
Author: Katarzyna Kołbuś. Editor leading RB Magazine. From Over 10 years related to industry press, including the Financial Gazette and portal ipip.com.pl, which focuses on finance, taxation, law, politics and the economy