The President of UKE has imposed financial penalty on Polkomtel for the breach of information obligations.
On 2 December 2009 the President of the Office of Electronic Communications issued a decision imposing financial penalty in the amount of PLN 800 000 due to the breach of information obligations towards end users when changing the rules and regulations for the provision of telecommunications services by Polkomtel S.A. to the subscribers, which entered into force on 1 July 2009.
Under Article 209 (1) (4) of the Telecommunications Act of 16 July 2004 (Official Journal No 171, item 1800 with subsequent amendments) those who breach information obligations towards end users shall be subject to financial penalty. The Telecommunications Act provides for in such situations for a decision to be issued by the President of UKE to impose financial penalty in the maximum amount of up to 3% of the revenue of an entity subject to financial penalty.
During administrative proceedings, based on evidence annexed to the case file, it was found that Polkomtel breached obligations specified in Article 59 (2) of the Telecommunications Act in its version that remained in force until 6 July 2009. It was found that Polkomtel S.A. changed the contents of the above-mentioned rules and regulations and:
It should be stressed that the breach of the provisions of the Telecommunications Act refers to consumer rights that are at the heart of the President’s of UKE attention because of the protective function of the Telecommunications Act in relations between consumers and telecommunications undertakings. Despite in theory equal position of both parties to the agreement for the provision of telecommunications services, the position of a consumer is frequently unequal, as in the case of changing the rules and regulations for the provision of services by a telecommunications undertaking. Due to this fact, the President of UKE, as a public administration authority, having at its disposal tools designed to discipline and encourage telecommunications undertakings to comply with the provisions of the Telecommunications Act, took action in order to bring the situation to the state in which the company will not breach the provisions of law in the future.