On 10th of October 2011, the President of the Republic of Poland signed the act amending the Telecommunications Act.
The Act on the amendment to the Telecommunications Act relates, inter alia, to premium rate services and serves the purpose of increased protection of users and subscribers against fraud related to using such services.
The provisions of the Act i.a.:
- extend information obligations towards premium rate users, in particular regarding the presentation of information about the price, the number and the name of the entity providing these services,
- introduce the obligation to include explicit information that the service available under a given number requires subscription. At the same time, the provider of a subscribed premium rate service will be obliged to enable the subscriber to withdraw from the service at any time,
- allow different ways of blocking outgoing calls to premium rate numbers as well as incoming calls from such numbers with free of charge possibility for the subscriber:
- to block all calls to premium rate numbers,
- to block calls to numbers of particular types of premium rate services,
- to define a price limit above which the provider will be obliged to block outgoing calls to premium rate numbers and incoming calls from such numbers. The provider will be obliged to offer at least three price limits to its subscribers amounting to PLN 35, PLN 100 and PLN 200,
- to define a maximum price for a service measurement unit or for a call if the service is charged for a whole call and to block free of charge outgoing calls to premium rate numbers the price of which exceeds a maximum price defined by the subscriber in its request, assuming that such calls will not create payment obligations on the subscriber's part,
- extend the list of necessary information which the entity providing premium rate services, referred to in Article 64 (1) of the Telecommunications Act, is obliged to submit to the President of UKE as an authority entrusted with keeping a public register of numbers used to provide this kind of services,
- allow radio equipment for temporary use without the need to obtain a radio licence in order to ensure periodic transfer of information for a period of up to 30 days and define the principles and procedures for issuing decisions of the President of UKE allowing temporary use of radio equipment in order to ensure periodic transfer of information,
- introduce the possibility to deliver decisions and other letters in cases relating to radio licence and general exclusive frequency licence by publishing them on the BIP UKE website.
Failure to meet obligations defined in Article 64, Article 64a and Article 65 of the Telecommunications Act or improper fulfilment of these obligations will be subject to a financial penalty.