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Legislative Know-How: Open access to information on infrastructure and other activities

Access to current, complete and consistent and accurate information about existing and planned infrastructure has a fundamental importance for the proper planning and implementation of projects financed from public funds, which intervene in the market subject to the rules of free competition. Only the possession of such information by public bodies and the regulatory authority can determine whether an area needs attention and what should be the scale and conditions of this intervention, which is its appropriateness and proportionality (eg.: whether it is digitally excluded and whether the exclusion can not be offset by competitive market, and if so, what period of time and under what conditions, if enough is the realization of public infrastructure and its access to the principles of open network for all concerned, or on the basis of an exclusive right, but with funding from private funds). Only the possession of such information allows the maximum efficiency of public projects and minimizes the risk of unjustified duplication of infrastructure and infrastructure construction, which would not be using any access network operator.

The need to have accurate information in this field appeared in the implementation of regional programs and the Polish Broadband Network project of Eastern and practice has shown that providing access to such information through private agreements with individual companies is not the optimal agent, at least for this reason that does not give access to the full range of information from all businesses.

Therefore, the development of the law on access to telecommunications operators should impose additional obligations for disclosure of information about existing and planned for optimization of investment to public) infrastructure, both on the individual requests of public administration bodies and local government, as well as cyclic publish this information and reporting obligations to the regulator. The scope of the disclosure requirements should be in balance with one hand, the legitimate needs of the public interest, on the other hand the need of the protection of business secrets and other secrets protected by law.

Additional disclosure requirements should also lie with the regulatory authority.

The Assumptions Proposed in the Priority V

Amendments to the Telecommunications Law

  1. The entities possessing telecommunications infrastructure at the request of governmental authorities or local government provide free information and network infrastructure in the area. The scope and mode of transmission of information particularly in the context of the provisions relating to national security and public order and safety regulation specifies.

  2. Each year before 31 January each telecom operator designated to provide universal service publishes a list of areas that were covered by the reach of telecommunications infrastructure in the last year, and shall provide to the regulatory authorities a list of new sites and the conditions under which these areas will be covered by the reach of telecommunications infrastructure in current year.

  3. Each year before 31 January each operator of public mobile telephone network publishes a list of areas that were covered by the reach of networks last year ,and shall provide to the regulatory authorities a list of new areas and the conditions under which these areas will be covered by network coverage in the current year .

The Law on access to telecommunications development in the country:

  1. Within 12 months from the date of entry into force of this Act, the regulatory authority shall publish a report on Polish territory coverage range of the fixed public telephone networks and public mobile telephone network and on investment estimates based on information obtained from telecommunications undertakings and entities held telecommunications infrastructure .

  2. After two years from the date of entry into force of this Act, it shall prepare a report for the development of high-speed telecommunications network in Poland and the activities of telecommunications companies, state and local governments in the development of such infrastructure. The report will include conclusions and proposals concerning support for broadband deployment in rural areas, under conditions allowing for the development of competitive binding to the benefit of consumers.

  3. Establishing a legal basis for agreements between the regulatory authority acting on behalf of the Treasury and the mobile operators, defining the terms under which these operators under the special tariff packages provide telecommunications services for people with particular difficulties in access to telephone services due to the low level income.

  4. Establishing a legal basis to impose penalty on operators for breach of its obligations to cover the areas of coverage, as defined in the frequencies. Punishment will be proportionate to the gravity of the infringement, in particular measured by the number of inhabitants or kilometers, which was not performed obligations



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Updated : 2011-06-24