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
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
This in particular refers to the following issues:
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
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
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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