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 Friday, February 03, 2006

The Act of 29 December 2005 on transformations and modifications to the division of tasks and powers of state bodies competent for communications and broadcasting (Official Journal of 30 December 2005, No 267, 2258), hereinafter referred to as the Act, defines the principles for the transfer of tasks and powers between Polish state bodies responsible for communications and broadcasting and the principles, scope and mode of transformations within the communications administration.

Under the Act, a new central-level government administration body - the President of the Office of Electronic Communications (President of UKE, Prezes Urzędu Komunikacji Elektronicznej,) was established as of 14 January 2005 in place of the central-level government administration body - the President of the Office of Telecommunications and Post Regulation (President of URTiP) which was liquidated as of 13 January 2005.

The President of UKE shall assume the tasks and powers that have so far fallen within the competence of the President of URTiP as well as certain powers of the President of the National Broadcasting Council (KRRiT).

This in particular refers to the following issues:
- reservation of frequencies for the purposes of radio or TV programme transmission or retransmission (in communication with the President of KRRiT),

- competition for a reservation of frequencies for the purposes of digital transmission or retransmission of radio or TV programmes,

- keeping registers of telecommunications undertakings with respect to the provision of conditional access systems, electronic programme guides and multiplexing of digital signals,

- relevant market analysis and the imposition, maintenance, amendment or withdrawal of regulatory obligations with respect to telecommunications undertakings concerning conditional access systems, electronic programme guides and multiplexing of digital signals.

The Prime Minister, having considered three candidatures proposed by the National Broadcasting Council, shall appoint the President of UKE.

The President of UKE shall be supervised by the minister competent for communications (currently the Minister of Transport and Construction who is also competent for communications).

Continuity of cases and rights and obligations

Cases initiated by the National Broadcasting Council, the President of the National Broadcasting Council or by the President of URTiP with respect to tasks assumed by the President of UKE and not completed by the date of entry into force of the Act (i.e. before 14 January 2006) shall be handled by the President of UKE according to the provisions of the Act.

With respect to cases completed within the framework of administrative proceedings, but not completed in the course of court proceedings, the provisions in force to date shall continue to apply.

The rights and obligations of the President of URTiP as a party to cases in which a complaint to an administrative court or an appeal to the District Court in Warsaw - the competition and consumer court - may be lodged or has already been lodged, shall be assumed by the President of UKE.

Frequency reservations made by the President of the Broadcasting Council or by the President of URTiP shall remain valid, unless they are modified or expire under separate provisions.

Entries in the register of telecommunications undertakings as well as decisions and other settlements with respect to tasks assumed by the President of UKE made before the date of entry into force of the Act shall remain valid.

All rights and obligations of URTiP shall become the rights and obligations of UKE.

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