The Minister of Transport referred the draft amendment to the Telecommunications Act elaborated within the government department for agreements.
The draft amendment to the Telecommunications Act of 16 July 2004 is aimed at adapting the provisions to the European law, including the transposition of a new Directive 2006/24/EC of the European Parliament and of the Council of 15 March 2006 on the retention of data generated or processed in connection with the provision of publicly available electronic communications services or of public communications networks.
The draft introduces new pro-consumer provisions. In particular in order to ensure more effective protection of users it provides for more flexible dispute resolution methods. It introduces alternative dispute resolution mechanisms both for disputes between telecommunications undertakings and for disputes involving telecommunications undertakings and consumers.
The new draft contains provisions related to the supply of telecommunications services, inter alia including an electronic mail service in the scope of telecommunications services. Thanks to that electronic mail users will be protected on equal terms with telecommunications subscribers.
The draft takes account of the need to facilitate regulatory mechanisms applied by the President of the Office of Electronic Communications, in particular with respect to cost calculation and regulatory accounting and the definition of relevant markets. The changes regarding the definition of relevant markets result from objections of the European
Commission which on numerous occasions raised the issue that it was impossible to effectively appeal against a decision designating a relevant market.
The draft includes proposals for amending certain acts with respect to the performance of duties in favour of defence, state security and public safety and order by telecommunications undertakings as well as the provisions regarding radio equipment, frequency management and frequency fees.
(Source: press release of the Ministry of Transport of 31 August 2006).