Amendments to the Telecommunications Act on Premium Rate - UKE

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Amendments to the Telecommunications Act on Premium Rate


2011-12-07

Changes refer to the provision of value added services.

 

On 4 December 2012, provisions of the Act of 16 September 2011 amending the Telecommunications Act entered into force (OJ No 234, item 1390). They change, inter alia, current rules concerning the provision of value added services.
The amended Article 64 (1) of the Telecommunications Act of 16 July 2004 (OJ No 171, item 1800 with subsequent amendments), hereinafter referred to as "the Telecommunications Act", states that the value added service is a publicly available telecommunications service with additional benefits, which could be provided by entity other that the telecommunications service provider.

It can be assumed that the provider of publicly available telecommunications services, including the telecommunications service with an additional benefit may:
1) offer the telecommunications service with an additional benefit provided on someone else's telecommunications network,
2) offer the telecommunications service with an additional benefit provided on its own telecommunications network, including,
a) its own additional benefit or
b) additional benefit provided by an entity other than the telecommunications service provider.

The additional benefit consists in general in the provision of various information (content) such as horoscopes, promotional campaigns, database access, etc., by electronic means.

The entity responsible for the provision of additional benefits may be considered as a person from the group of entities whose common interaction, ultimately build up that benefit, this entity being in a contractual relationship with the provider of publicly available telecommunications services. Also the provider of publicly available telecommunications services who is a content supplier at the same time may be considered as an entity responsible for the provision of additional benefits.

The entity providing the additional benefits is the entity which actually provides a service (content) to the provider of publicly available telecommunications services in order to realize the telecommunication service with the additional benefit within the telecommunications network of the telecommunications undertaking.

In accordance with the amended Article 65 (1) of the Telecommunications Act the entity providing an additional benefit is obliged to submit information to the President of UKE for the purposes of the register of numbers used to provide premium rate services. This information should be submitted in written and electronic format 7 days before the provision of services at the latest. The information should include:
- name (company), address and the premises of the entity providing added benefits,
- name, type and scope of the value added service,
- number or numbers used to provide value added service,
- the date of commencement of the provision of the value added service.

It should be highlighted that the entity which does not fulfil its legislative obligations to provide the President of UKE with information to the registry, may be subject to a fine imposed by the President of UKE under Article 209 (1) (14a) of the Telecommunications Act.

The register of numbers used to provide value added services is kept by the President of UKE. The register is public. It is published in the Public Information Bulletin on the website of the Office of Electronic Communications.

Access to information stored in the register of numbers used to provide value added services is possible via A search engine available on the website of the Office of Electronic Communications, which gives the possibility to upload full data in XML format.

Tips on how to deliver information to the registry are available in tab: Regulation/Numbering/Premium rate numbers.

 

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