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Ministry of Transport, Posts and Telecommunications

of the Slovak Republic

Division of Posts and Telecommunications

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Complete version of

 

Telecommunications LAW (SLOVAKIA)

 

No. 110/1964 Coll.

as amended by Act No. 150/1992 Coll. and Act No. 96/1993 of the Legal Code

 

 

 

 

 

Bratislava, August 1995

 

Section I

Telecommunication installations, telecommunication network and telecommunication services

Paragraph 1

Establishment and operation of telecommunication devices and provision of telecommunication services are possible only on the basis of permission or commission issued by state administration bodies in accordance with this Act unless the Act explicitly provides that such a permission or commission is not required.

The state decides on establishment and operation of:

Communication routes for transport of all kinds of information by means of telecommunication installations except for installations for unidirectional broadcasting of radio and television programs by lead,

Installations for the provision of telephony services,

Broadcasting radio and television installations for operators appointed by the law.

Installations mentioned in sub-paragraph (2) are established and operated by bodies corporate entrusted by applicable body of state administration for telecommunications in accordance with this Act (hereinafter referred to as "Telecommunications organisations").

For the purposes of this Act

telecommunication installations are installations for broadcasting, transfer, and receiving of information of any kind by lead, radio, optical and other means using electromagnetic waves,

telecommunication network is a system of telecommunication installations that allow transfer of information between terminal points of the network,

terminal point of the network is a technically specified interface between telecommunication network and connected installation or, as the case may be, interface between two telecommunication networks. Details about the terminal point of the network will be provided for by generally binding legal regulation,

telecommunication services are services, the provision of which consists totally or substantially in transfer of information by means of telecommunication installations,

telephony service is a telecommunication service for the public consisting in provision for the transmission of spoken speech in real time between terminal points of the telecommunication network,

telecommunication performances are telecommunication services, establishment, change, restoration, maintenance and operation of telecommunication installations.

Section II

Unified telecommunication network and the organisation of telecommunications

Paragraph 2

Unified telecommunication network is a telecommunication network designated for the needs of physical persons and bodies corporate. The unified telecommunication network includes the installations listed in paragraph 1, subparagraph 2, and telecommunication installations for provision of cable and telex service; it does not include installations established and operated according to section III of this Act.

The unified telecommunication network is a system of all telecommunication networks within the territory of the Slovak Republic.

The telecommunication organisations establish and operate part of the unified telecommunication network delimited in the commission. Within the commission, the organisation is given a set of conditions that must be adhered to, and the type and scope of services that must be provided to the public.

Telecommunication installations, established outside the unified telecommunication network, must be included into the unified telecommunication network provided that they are qualified for that. The conditions and procedure for this inclusion are defined by the agreement between the supplier of the installation and the telecommunication organisation taking it over. In the agreement, the charges for telecommunication performances provided by the telecommunication organisations can be specified, even in deviation from general price regulations.

Paragraph 3

Telecommunication organisations procure, through the unified telecommunication network, inland and international telecommunication traffic. For the provided performances, the organisations collect specified charges.

The telephony-, cable-, and telex connection is realised by telecommunication organisations that mediate, by means of unified telecommunication network, telephony calls; receive, transmit and deliver messages (pictures and the like); or provide the interested persons with subscriber's telephony and telex devices (subscriber's stations) or, as the case may be, other telecommunication installations as apparatuses, circuits, and the like.

Telecommunication organisations, within their commission or permission, take care of availability, economy, promptness, and reliability of telecommunication connections and of confidentiality of transmitted messages.

Telecommunication organisations are obliged to maintain the telecommunication installations of the unified telecommunication network in a condition capable to reliably satisfy the needs of the users.

The Ministry of Transport, Posts and Telecommunications of the Slovak Republic shall specify the conditions of the unified telecommunication network usage for the telecommunication connections, for establishment and utilisation of telephony and telex subscriber's stations and cable piped radio subscriber's stations, conditions for providing subscribers with other telecommunication installations (branch exchanges, circuits and the like) and conditions of other performances supplied by the telecommunication organisations by means of the unified telecommunication network.

If faults of the entrusted (subscriber's) telecommunication device occur, the telecommunication organisation is obliged to remove them without delay. If the fault reported in time persists, and provided that the user is not responsible for it and it makes the use of the device impossible for a time longer than the period specified in realisation regulations, the user is entitled to refund of charges paid.

The telecommunication organisations are authorised to refuse the provision of performances (disconnection of entrusted device, or, as the case may be, to cancel the subscription) for a person in a substantial breach of the defined conditions. The telecommunication organisations are authorised to unilaterally withdraw the possibility of performance provision, until a valid decision of pertinent body has been made, for a subscriber who does not pay the specified charges.

The telecommunication organisations are obliged to strive for a purposeful distribution of the possibility to receive radio and television programs of operators entrusted by the law.

The Ministry of Transport, Posts and Telecommunications of the Slovak Republic may restrict the operation of the unified telecommunication network due to an important matter of general interest.

Messages with contents that can present a threat to the state's security or to its important economic interests, or those that are otherwise in contradiction to the law, are excluded from the traffic.

Section III

Telecommunication installations and telecommunication services outside the unified telecommunication network

Paragraph 4

To a terminal point of the unified telecommunication network, only approved devices can be connected directly or indirectly. The way, conditions and procedure for verification, approval and connection of these devices are specified by generally binding legal regulation.

Establishment, changes, restoration and maintenance of devices connected to the unified telecommunication network can be carried out only by physical person or body corporate that has been granted a permission for this activity by body applicable according to this Act (hereinafter referred to as "permitting body". The conditions for granting of these permissions shall be determined by generally binding legal regulation.

Telecommunication services, with the exception for the telephony service, can be provided by a physical person or body corporate that has been granted a permission for this activity by a permitting body. In the permission, the conditions for this activity shall be specified. A condition for granting of this permission is, above all, a proof of the ability to provide the required telecommunication service in the prescribed extent and quality. The permission shall contain especially the determination of conditions for the service operation, for its general availability provision, its mutual co-operation among various operators both within the territory of the state and in international co-operation, and the conditions and ways of ensuring and verification of technical qualification for the use of the telecommunication installations.

The installations for unidirectional broadcasting of radio and television programs by lead can be established and operated only on the basis of permission granted by permitting body.

In justified cases, the permitting body can exceptionally, and under conditions specified by it, permit establishment and operation of installations listed in paragraph 1, subparagraph 2, letters a) and b), also outside the unified telecommunication network.

If the permission becomes void due to any reason, and if the telecommunication organisation does not take over the telecommunication installation in question, the present operator of the installation is obliged to bring this installation into condition preventing its further use. Should it not do so, the permitting organ can take the necessary measures at the operator's cost.

The approved telecommunication installation can be used, due to urgent reasons, without repayment, by telecommunication organisation, military administration or organs of Ministry of Interior; if the operator of the installation provides special operations upon that use, it is entitled to a special reimbursement.

Paragraph 5

The permission to establish and operate broadcasting radio stations shall be granted by the permitting body in the case of:

satisfying of justified needs of mobile services if the set objective cannot be achieved by the unified telecommunication network and as long as there is a free frequency available for the required connection,

broadcasting radio stations of immobile services if the set objective cannot be achieved by the unified telecommunication network or by wire means, or, as the case may be, by optical ones,

amateur broadcasting radio stations serving for technical self-education and study,

radio and television broadcasting installations, as long as the installation's operator has been granted an authorisation to broadcast radio or television programs and the installation has been established in agreement with the plan of frequency utilisation for radio and television broadcasting,

broadcasting radio stations operated with the purpose of development, production, maintenance, repair and demonstration,

broadcasting radio stations of foreign countries representative bodies based upon an approval of the Ministry of Foreign Affairs of the Slovak Republic and provided that the arrangement is mutual,

other broadcasting radio installations that do not serve for the purposes of communications provided that their use is justified by special circumstances.

On the basis of international agreements and provided that the arrangement is mutual, the broadcasting radio stations can be operated or held also on the basis of a permission issued by applicable foreign bodies.

The Ministry of Transport, Posts and Telecommunications of the Slovak Republic shall determine the cases where a special ability is required for the operation of broadcasting radio stations as well as the way to acquire, present and prove the ability.

The broadcasting radio stations, including the incomplete ones, as long as no valid permission has been granted for their use or as long as they are not the property of organisations or persons authorised to establish and/or operate them according to this Act without a permission, may be held only on the basis of a permission granted by the permitting body. This permission is not required for broadcasting radio stations held by their authorised producers.

Unless otherwise provided by above subparagraphs, the provision of paragraph 4 applies to broadcasting radio stations.

Conditions for granting of the permission according to subparagraph 1 shall be specified by a generally binding legal regulation.

Paragraph 6

The right to establish and operate telecommunication installations without permission outside the unified telecommunication network according to this Act is granted to

organs of the Ministry of Defence of the Slovak Republic and the Army of the Slovak Republic for military purposes,

organs of the Ministry of Interior of the Slovak Republic, Police Corps of the Slovak Republic and Civil Protection for security reasons,

The Slovak Information Service

organs of the Railways of the Slovak Republic operating railway transport for security control and operation of railway transport,

energy industry organisations for control, security and automation of electrification system.

Using telecommunication installations and telecommunication networks of organisations operating railway transport and of organisations entrusted with security and communication radio air service, performances for the public in railway stations, in trains and in aeroplanes can be provided after an agreement with telecommunication organisations.

No permission according to this Act is required for establishment and operation of telecommunication installations and networks inside buildings and/or in pertinent land of the same user or, as the case may be, within lands of the same user divided by one or more parallel public thoroughfares, unless these are radio installations. This kind of telecommunication installations can be subject to the state inspection of telecommunications. The permission is required, however, if the installations and networks are to be connected to the unified telecommunication network or to telecommunication installations of another operator, or if they are to cross the state border.

No permission is required for establishment and operation of

radio installations with a very low output working in designated frequencies,

installations of internal TV circuits with modulation transmission by lead, even if a public road or someone's else private land is used temporarily,

receiving radio installations with the reservation stated in Paragraph 7.

The conditions for establishment and operation of the installations mentioned in subparagraph 4 shall be specified by a generally binding legal regulation.

Paragraph 7

No permission is required for the use of radio and television receivers. Owners or users are, however, obliged to register these receivers with a telecommunication organisation specified by the Ministry of Transport, Posts and Telecommunications of the Slovak Republic, to adhere to conditions specified in realisation regulations and to pay specified charges.

Section IV

Charges for the use of telecommunication installations

Paragraph 8

Any user of the unified telecommunication network and/or telecommunication performances, or who is provided by the telecommunication organisations with the establishment, entrustment and/or maintenance of telecommunication installation, is obliged to pay the specified reimbursements or charges.

Free of charges are transported only messages designated to prevent the consequences of natural disasters and environmental accidents, to save human lives, messages about a threat to the state, urgent reports on infectious diseases, or upon serious transport failures, service reports of state telecommunication organs, or other messages that have been granted this privilege by a generally binding legal regulation.

Those who have not adhered to the conditions specified for the use of the unified telecommunication network, especially who have used the telecommunication installations in an unauthorised manner, are obliged to pay the telecommunication organisation a reimbursement that may be determined by a lump sum if the period and/or extent of unauthorised use cannot be determined exactly.

For the permission to establish and operate telecommunication installations according to Paragraphs 4 and 5 and for radio and television receivers subject to registration according to Paragraph 7, charges can be collected. These charges, determined taking into account the purpose and extent of the installation, are determined by the Ministry of Transport, Posts and Telecommunications of the Slovak Republic. The provision of the preceding subparagraph applies accordingly.

The responsibility of telecommunication organisations towards the users of telecommunication performances and installations is restricted to the obligation to remove a fault without delay and to refund the reimbursements or charges paid according to principles set in the conditions for the use of the unified telecommunication network.

The title to the refund of reimbursements or charges according to the preceding subparagraph must be applied with the telecommunication organisation without unnecessary delay; should it not be applied within 6 months from the day of occurrence of the fault or failure of performance, the title becomes void.

Section V

Protection of telecommunications

Paragraph 9

The unified telecommunication network, its installations and operation are protected against threat, damage and harmful interference from other installations and activities.

All telecommunication installations outside the unified telecommunication network must be established and operated so that they do not exhibit interference to this network, especially the radio communication installations.

Accordingly, machines, apparatuses and equipment, upon usage of which high-frequency energy is generated, must be produced or, as the case may be, adjusted so that they do not interfere with the operation of the unified telecommunication network. The producers, importers or owners of these machines, apparatuses and equipment are obliged, if possible, to fit the necessary suppresser at their own cost.

The producers of the machines, apparatuses and equipment and importers of these items are obliged, prior to introducing them into circulation, to prove to the bodies entrusted by the Ministry of Transport, Posts and Telecommunications of the Slovak Republic that the high-frequency energy generated upon its operation does not exceed the level that could cause interference of the operation of the unified telecommunication network's installations and that of other telecommunication installations.

If a threat, interference or damage to the unified telecommunication network occurs, the owner (user) of the harmful installation, or the operator of the harmful activity, are obliged to take appropriate protective measures. If this is not possible, or if it is more economic or purposeful to take protective measures on the endangered telecommunication installation, then the measures shall be taken by the operator. If the failure occured due to not adhering to the conditions set for the installation, or for the operation of the harmful installation, the costs of protective measures shall be paid by the operator of that installation; in the opposite case the costs shall be paid by the owner (user) of the installation established or adjusted later, unless another procedure follows from the planning regulations.

If the threat is not removed within a given appropriate period, then the Ministry of Transport, Posts and Telecommunications of the Slovak Republic or a body entrusted by it can order that the faulty installation be put out of operation or to prohibit the harmful activity. For putting out of operation or suspension of the activity of an installation important for the national economy or for the security of the state, an approval of applicable superior state organ is required.

If a private person or body corporate, upon its entrepreneur activity causes damage, threat or harmful interference to installations of the unified telecommunication network, or if it establishes or operates telecommunication installation or telecommunication services without an approval or commission, it is obliged to pay a fine not exceeding Sk 500 000. Upon determination of the sum of the fine, the severity of the way, the period and the consequences of illegal acting are taken into consideration. The fine may be imposed within one year from the day of finding out of the breach of obligation, however, at the latest within three years from the day, when the breach occurred.

The fine according to subparagraph 7 is without any prejudice to responsibility according to regulations on damage reimbursement.

The yield of the fines represents a revenue of the state budget of the Slovak Republic.

The bodies entrusted by the Ministry of Transport, Posts and Telecommunications of the Slovak Republic search for the sources of threats, damage or interference to the unified telecommunication network operation, or those to other telecommunication installations (especially those for radio and television reception) and issue binding directives to remove the faults. For this purpose the employees after due identification can enter private property, enterprises and buildings, to request reports and to test installations that may cause faults; while doing so, they must observe operational and security regulations valid for these installations.

The preceding subparagraphs' provisions apply accordingly to telecommunication installations operated outside the unified telecommunication network according to paragraph 8, subparagraph 1, for telecommunication installations approved according to paragraph 4 and 5 for radio and television receivers and for technical installations necessary for creation of broadcasting signal in radio and television centres or in booster sites.

Paragraph 10

The provisions on protection of telecommunications against threat, interference and damage apply to parallel alignment and crossing of telecommunication installations with leads of any kind, with thoroughfares, water works and other installations and for mutual relation of telecommunication installations (networks) among themselves.

To restrict the unfavourable influence of power leads upon the telecommunication installations, the planned routes of power leads must be discussed in the framework of approval proceedings according to the construction regulation with the telecommunication organisations with the purpose of taking appropriate protective measures.

Construction companies (investors), or, as the case may be, general designers of constructions, water works or installations, the realisation of which is connected with ground works, are obliged, in the framework of approval proceedings according to regulations on construction, to attach, to the application for construction location decision and construction permit, a statement of applicable telecommunication organisation, energy industry organisation, military administration and organs of the Ministry of Interior on existence of underground telecommunication leads within the site (route). General designers of the said constructions are obliged to include all telecommunication leads in the design documentation.

Bodies, authorised to issue territorial decisions, construction permits or other similar permissions upon construction proceedings, shall determine the conditions for the protection of telecommunication networks, especially leads placed under ground or in beds of water streams.

Organisations or persons, that are to carry out works approved according to the preceding subparagraph, are obliged to take all measures in order to prevent damage to telecommunication leads upon construction works.

Organisations (bodies) administering telecommunication networks are obliged to keep records on these networks, especially of underground conduits, and to provide applicable organs and organisations with the data necessary to fulfil obligations according to preceding subparagraphs.

Paragraph 11

Telecommunication installations can be protected by protective zones in which the constructions, installations, landscaping and verdure growths, that may pose a threat to telecommunication installations and to their smooth, safe and undisturbed operation, are prohibited or restricted in the extent specified by realisation directives. In the same way, some activities in protective zones or in their vicinity may be prohibited or restricted.

The protective zones shall be delimited, based on a proposal from telecommunication organisation, military administration or an organ of Ministry of Interior, by applicable environmental authority that carries out the activity of territorial planning body; observing thereby especially the regulations on agricultural and forestry fund protection.

Section VI

The use of property for telecommunications

Paragraph 12

Telecommunication organisations are, in public interest, authorised to:

establish and operate, in third party's property, above- and underground telecommunication leads including the necessary support points,

enter third party's property in inevitable extent, upon projecting, establishment, repairs, changes or removal of telecommunication installations,

to carry out inevitable land and growth modifications, especially to remove or to curtail the trees that obstruct the telecommunication lead.

Telecommunication organisation is obliged, prior to starting the execution of the authorisation according to the preceding subparagraph, to notify the owners or users of affected property. Should a dispute occur between the owners or users of affected property and the telecommunication organisation regarding the extent of authorisation, the telecommunication organisation shall submit the dispute to construction authority for resolution.

Authorisations according to subparagraph 1 represent onuses bound to the affected property and are not registered in real estate register.

As long as performance of authorisation according to subparagraph 1 restricts the use of a property, its owner or tenant shall be provided with an adequate compensation.

Should no agreement be reached between the owner or tenant and the telecommunication organisation on compensation according to subparagraph 4, the matter shall be resolved by a court on the basis of owner's (tenant's) application.

The application according to subparagraph 5 must be filed within 12 months from the day when the restriction to the use of the property occurred, otherwise the title becomes void.

Having completed the necessary works on telecommunication installations, the telecommunication organisations are obliged to bring the property or, as the case may be, a thoroughfare, to the original state, or due state, without delay and at its own costs.

Owner or user of the property, that has been used for a telecommunication installation, is obliged, upon any usage or works in the property, to exercise due care to prevent any threat or damage to the telecommunication installation.

If owner or user of the property, that has been used for telecommunication installation, intends to perform such works or adjustment of the property that might threaten the smooth or secure operation of the telecommunication installations, he/she is obliged to notify the applicable telecommunication organisation - providing that there is no danger of delay - at least six weeks before starting the intended works.

Within the period specified by subparagraph 9, the telecommunication organisation must take necessary measures or to notify the investor that the period of six weeks is insufficient and the necessary measures shall be realised within a longer period; this period must not be longer than six months unless the modification of the telecommunication installation is of such a type that it needs to be planned in advance.

Paragraph 13

Prior to commencing a telecommunication installation construction, the owners or users of a property are obliged, at the telecommunication organisation's costs, to realise necessary measures at their lands, especially to collect crops and to curtail or to remove completely the trees that could obstruct the construction or to pose a threat to the telecommunication installation. However, the period specified by telecommunication organisation must not be shorter than 15 days.

If this period expires in vain, the telecommunication organisation is authorised to realise the measures according to the preceding subparagraph at its own cost at owner's or user's risk.

Paragraph 14

During the operation of telecommunication installation, the curtailing of the tree growth is done by telecommunication organisation at its own cost and in an extent inevitably needed for smooth and safe operation of the telecommunication installation, unless there is other arrangement with the owner or user of the land.

Cutting of trees, that is necessary to ensure safety of telecommunication installation operation, must be done by owners or users of the property within the period specified by the telecommunication organisation that repays the actual costs. If this period expires in vain, accordingly the provision of Paragraph 13, subparagraph 2, applies.

Cutting and curtailing of trees, upon which telecommunication installations or their operation could come under a threat, can be carried out only after an agreement with the telecommunication organisation and upon supervision of a person appointed by it.

Paragraph 15

Upon realisation of authorisation according to Paragraphs 12 and 14, the telecommunication organisations and persons entrusted by them are obliged to spare the property, their accessories as well as the rights of their owners or users.

Upon design, construction and operation of telecommunication installations it is necessary to exhibit due care to exclude the harmful influence upon people's health and natural environment, to spare protected parts of the nature, vegetation necessary for hygienic protection and cultural or historical monuments.

Upon realisation of authorisations and activities mentioned in preceding subparagraphs, the provisions of regulations on agricultural and forestry soil fund protection, of water management and utilisation of mineral resources remain intact.

Paragraph 16

For the damage caused to property or its accessories upon construction, operation, repair, change or removal of telecommunication installations, the affected owner or user is entitled to a reimbursement.

Should no agreement be reached, the title to damage compensation can be exercised according to general regulations.

Paragraph 17

Constructions of both above- and underground leads of the unified telecommunication network, including support and demarcation points, do not require construction permits according to Act on Construction Order.

Upon constructions of telecommunication leads according to subparagraph 1, the telecommunication organisation (the investor) shall submit a plan of the lead's position to construction authority for approval. This plan is not required to be submitted to the construction authority in cases specified by realisation regulations, especially when the construction does not affect public interest or justified interests of owners or users of property.

The telecommunication leads constructions must be discussed with owners of affected property in time; the owners can be notified either directly or by announcement at the applicable environmental authority or through it.

Objections against the use of the property must be filed by the owners, within 15 days from the day of notification, with the investor that shall submit them to construction authority for resolution. The objections have a delaying effect unless they are excluded by the construction authority due to urgent reasons.

No construction permit is required for the construction of external receiving radio- and television antennae and their conduits, providing that technical standards and other general technical regulations are adhered to and provided that this installation does not cross thoroughfares or lead. However, an agreement given in advance of owner of the property, or a resolution of a court given in advance, is necessary. It is not permitted to install individual external receiving antennae on objects where a common antenna suitable for required reception has been installed before. The construction authority at state construction supervision may order displacement or modification of antennae that pose a threat to construction condition of a property or the safety of its surroundings or that disturb its appearance.

Paragraph 18

Authorisations and obligations given to telecommunication organisations according to this section VI are given also to physical persons and bodies corporate authorised to establish and operate telecommunication installations according to Paragraphs 4 and 6, subparagraph 1.

Section VII

Measures for efficient use of telecommunications

Paragraph 19

The Ministry of Transport, Posts and Telecommunications of the Slovak Republic (hereinafter referred to as "Ministry") shall set out, by means of a generally binding legal regulation, the rules of telecommunication traffic for operators (Paragraph 1, subparagraph 3) and users (Paragraph 2, subparagraph 1) of the unified telecommunication network, the rules for granting of permissions according to this Act, and the procedure and conditions for determination of technical ability of telecommunication installations (Paragraph 21b, subparagraph 4, letter a).

The of the Slovak Republic and regional telecommunication authorities carry out state inspection of telecommunications whereby controlling observance of the provisions of this Act and the regulations issued on its basis; and whether the conditions are adhered to, specified by telecommunication organisations, physical persons or bodies corporate that were granted the permission to establish and operate telecommunication installations and networks and to provide telecommunication services.

The provisions of subparagraphs 1 and 2 do not apply to the telecommunication installation and telecommunication networks established and operated according to Paragraph 6, subparagraph 1.

The Ministry takes care of co-ordination of international telecommunication matters' discussions and of execution of international agreements and arrangements.

If a telecommunication organisation does not meet the conditions, that it is obliged to meet upon establishment and operation of the unified telecommunication network and upon provision of telecommunication services, or if a physical person or body corporate, that has been granted the permission to provide telecommunication services, breaches the set conditions, it can be charged with a fine not exceeding ten times the sum that has been determined for the service not provided or provided in low quality, or, as the case may be, not exceeding ten times the sum collected for a performance provided in contradiction to the conditions set by the regulations issued on the basis of this Act and in the authorisation issued.

Upon repeated non-adherence to or breach of set conditions during 12 months from the day of coming into force of the last decision on fine according to subparagraph 5, this fine can be increased up to five times.

The fine may be imposed within one year from the day of finding out the non-adherence to or breach of conditions, however, at the latest within three years from the day of actual non-adherence to or breach of the conditions.

The charging with a fine according to subparagraphs 5 and 6 is decided upon by applicable authority of state administration of telecommunications.

Section VIII

Telecommunication secrecy

Paragraph 20

Bodies corporate and physical persons procuring telecommunication performances, and their employees and other persons entrusted with tasks upon these performances, must not intentionally obtain, for other purposes than those of the work, information on the contents of messages transmitted through telecommunication installations and networks as well as on names and/or addresses of the communicating parties and/or numbers of the communicating stations. They are obliged to preserve the secrecy, they must not provide any information concerning transmitted or mediated messages.

The information on transmitted or mediated messages may be provided only to the sender and the addressee or to their authorised representatives (legal representatives). Courts, organs of prosecution and organs of state administration are allowed to obtain information on the contents of transmitted or mediated messages; these organs may be informed on messages, or they can be made acquainted with operational documents, unpublished numbers of subscribers' stations or they can use the telecommunication installation for the given purpose in cases specified by the law.

Provisions of the preceding paragraphs apply also for other operators of telecommunication installations and networks and their employees as well as for users of telecommunication installations and networks who may, upon their telecommunication contacts, even accidentally obtain information about the contents of messages transmitted by telecommunication installations and networks.

Section IX

Organs of state administration and proceedings before them

Paragraph 21

The organs of state administration are:

the Ministry

the Telecommunication Office of the Slovak Republic

regional Telecommunication Offices.

Paragraph 21a

The Ministry, besides organising and controlling the telecommunications determines the principal strategy of telecommunications' development.

The Ministry especially:

decides on granting of permission for establishment and operation of specified parts of the unified telecommunication network,

controls and organises the preparation of unified telecommunication system for the case of emergency,

controls the usage of frequency spectrum by installations of all industries of the national economy.

controls the Telecommunications Office of the Slovak Republic.

The Ministry, in justified cases, may delegate the decision-making power in establishing and operation of designated parts of the unified telecommunication network to the Telecommunications Office of the Slovak Republic.

Paragraph 21b

The Telecommunications Office of the Slovak Republic is hereby established.

The Telecommunications Office of the Slovak Republic is a budgetary organisation.

The Telecommunications Office of the Slovak Republic is managed by a director who is responsible for its activity and who is appointed and recalled by the Minister of Transport, Posts and Telecommunication of the Slovak Republic.

The Telecommunications Office of the Slovak Republic especially:

approves the ability of telecommunication installations and the conditions for their putting into circulation or into operation,

decides on granting of the permission to provide telecommunication services outside the unified telecommunication network,

decides on granting of the permission to establish and operate transmission paths outside the unified telecommunication network pertaining to local domicile of two or more regional telecommunication authorities or crossing the state border,

decides on granting of permission to establish and operate installations for telephony service outside the unified telecommunication network,

decides on granting of permission to hold, establish and operate transmitting radio installations,

decides on granting of permission to construct, operate as well as connect telecommunication installations to an installation of another operator,

assigns frequencies and frequency bands after an agreement with the Ministry of Defence of the Slovak Republic and the Ministry of Interior of the Slovak Republic, also to the telecommunication installations, the establishment and operation of which does not require permission (Paragraph 6, subparagraph 1 and subparagraph 4, letter a),

works out the usage plans of frequencies for television and radio broadcasting in co-operation with the Council of the Slovak Republic for Radio and Television Broadcasting,

controls the regional telecommunication authorities,

studies the decisions of regional Telecommunication Offices,

controls the performance of the state inspection of telecommunications and the state supervision of adherence to usage of frequencies and frequency bands.

Paragraph 21c

The regional Telecommunication Offices are hereby being established.

The regional Telecommunication Offices are budgetary organisations.

The seats of the regional Telecommunication Offices and the regional districts of their power shall be determined by the Ministry by means of a generally binding legal regulation.

A regional Telecommunications Office is managed by a director who is responsible for its activity and who is appointed and recalled by the director of the Telecommunications Office of the Slovak Republic.

The regional telecommunication authorities especially:

carry out state inspection of telecommunications and state supervision on adherence to the usage of frequencies and frequency bands,

make decisions on charging with fines according to this Act,

discuss the misdemeanours in the area of telecommunications,

make decisions on granting of permissions to establish, change, restore, and maintain installations connected to the unified telecommunication network,

make decisions on granting of permissions to establish and operate installation for unidirectional broadcasting of radio and television programs by lead,

make decisions on granting of permissions on ability to operate transmitting radio stations,

make decisions on granting of permissions to construct, operate as well as connect telecommunication installations to the unified telecommunication network,

decide on granting of permissions to establish and operate transmission paths outside the unified telecommunication network within the regional Telecommunications Office,

make decisions on objections against telecommunication charges accounts.

The domicile of the regional telecommunication authorities is controlled, unless otherwise specified by this Act or special regulations, by the place of activity of the proceeding's participant that is to be decided about. In the remaining cases, by the place of permanent residence or the seat of the participant, the rights or obligations of who are to be decided.

Paragraph 21d

Upon carrying out of the state inspection of telecommunications, the Ministry of Transport, Posts and Telecommunications of the Slovak Rrepublic and organs entrusted by it, in accordance with the principal rules of controlling activity set by a special act.

The employees of the state telecommunications inspection organs are obliged to observe state-, economic and service secrecy regarding information obtained during performance of their activity. This obligation remains in force also after termination of the employment. The employees can be exempt from this obligation under the conditions and in the manner specified by a special act.

The employees of the state administration of telecommunications are prohibited from carrying out, against remuneration, consulting or other similar activity for telecommunication organisations and for physical persons or bodies corporate that provide telecommunication services on the basis of a permission granted according to this Act, or who have applied for such a permission.

Paragraph 21e

Upon decisions on rights and obligations of physical persons or bodies corporate according to this Act, general regulations on administrative proceedings are observed.

Section X

Common, temporary and final provisions

Paragraph 22

The Ministry of Transport, Posts and Telecommunications of the Slovak Republic shall issue more detailed regulations for execution of this Act after an agreement with applicable central organs.

Authorisations and permissions issued according to this Act can be restricted or cancelled by the organ that issued them, or its superior organ upon not adhering to the set conditions, or if required by the security of the state.

Paragraph 22a

Where in the Act No. 110/1964 Coll. on telecommunications as amended by Act No. 150/1992 Coll. the name Federal Ministry of Telecommunications is used, the Ministry of Transport, Posts and Telecommunications of the Slovak Republic is understood instead, unless otherwise specified by this Act.

Where in the Act No. 110/1964 Coll. on telecommunications as amended by Act No. 150/1992 Coll. the words "national committee" are used, the applicable district environmental authority or provincial environmental authority is understood instead.

Paragraph 23

Act No. 33/1992 Coll. on usage of transport roads and immovable property for telegraph, governmental directive No. 21/1923 Coll. that is designed for execution of act on usage of transport roads and immovable property for telegraph, Act No. 72/1950 Coll. on telecommunications and governmental directive No. 73/1950 on permissions for telecommunication installations, are hereby made void.

Paragraph 24

Authorisation for establishment and operation of telecommunication installations obtained according to Act No. 72/1950 are considered to be permissions, or where these concern radio and television receivers, they are considered to be registration notices according to this Act.

Paragraph 25

Act on Telecommunications (Act No. 110/1964 Coll.) came into force on 1 July 1964. Act No. 150/1992 Coll., that amends and complements Act on Telecommunications, came into force on the day of declaration (24 April 1992). Act No. 96/1993 of the Legal Code that amends and complements the Act on Telecommunications, came into force on the day of declaration (5 May 1993).

 

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Updated : 2003-04-30