telecomunications
consumer, inter-operator, regulations
Telecommunications activities are provided on the basis of sector-specific legal requirements that affect almost every aspect of the operation of the undertaking. This is because the relationship with customers, the relationship with competitors and the obligations towards the regulator are regulated differently from a number of other industries.
As a law firm, we have extensive practical experience in advising on telecommunications Law, and are actively involved in the work on the future regulation of the telecom market – Electronic Communications Law (Prawo Komunikacji Elekktronicznej – PKE).
Electronic Communications Law
- Comprehensive adaptation and implementation of new law-related documentation
- Supporting wholesale activities
- Accessing buildings and sewers
Our activities so far:
- Legislative work on Electronic Communications Law (since March 2020)
- Numerous PKE / EECC training , also for public institutions, webinars and presentations at industry conferences
- Implementation of the “Tarcza 3.0” provisions (partial EECC implementation ) for more than ten entrepreneurs
- Meetings of industry representatives with regulators (UKE, UOKiK) to determine directions of interpretation of the “Tarcza 3.0” provisions and to discuss postulates to PKE
Subscriber issues
- Preparing and implementing a full range of subscriber documents
- Providing legal advice in the design of subscriber service-related processes and solutions (distance contracting, offer presentation issues, monitoring service consumption monitoring tool, Internet portability, information obligations and others)
- Disputes with subscribers
- Representation in proceedings before UOKiK
- Unilateral amendments to subscriber contracts (price changes, withdrawal of TV programmes)
Access for investment purposes
- Gaining access to buildings to provide telecommunications: drawing up contracts, preparing proceedings before the President of UKE, handling legal proceedings
- Gaining access to real estate, public roads, forests, railway areas
- Drawing up contracts for access to technical infrastructure such as cable ducts, technological channels or electricity poles
- Protecting entrepreneurs against UKE regulations regarding access to cable ducts and telecommunications sewerage of a building, access to subscriber cables, fixed termination rates (FTR)
- Drawing up, reviewing and negotiating integration contracts with building operators, defending the interests of property owners in case of negotiations with telecommunications undertakings
Obtaining subsidies from public funds and handling the Operational Programme Digital Poland (OPDP, Polish:,POPC)
- Preparing from scratch and advising on the investment contractor selection process in OPDP projects
- Effectively questioning financial corrections imposed on beneficiaries
- Drawing up complaints against the outcome of competitions for the selection of projects for co-financing
- Preparing framework offers and framework offer modifications based on the terms of individual OPDP auctions, and participating in the process of approval of framework offers by the President of UKE
- Assisting in the negotiation of agreements for access to the OPDP network, both from the perspective of auction beneficiaries and operators seeking access
Inter-operator relations and market regulation
- Drawing up contracts and participating in negotiations on cooperation between operators under commercial terms
- Thorough knowledge of regulated offers, including the networks built under the OPDP programme, the SOR Orange Polska offer and decisions regulating access to subscriber drops
Investments in telecommunications networks
- Obtaining approvals and permits required to build telecommunications networks
- Drawing up contracts for access to real estate, buildings, forests, railway areas, public roads, as well as technical and telecommunications infrastructure
- Representing before UKE and SOKiK in relation to access to real estate, buildings, forests, railway areas, public roads, as well as technical and telecommunications infrastructure
- Providing support in fulfilling the obligations of a technical and telecommunications network operator, including those related to public subsidies
Obligations to UKE
- Assisting in the preparation for meeting the reporting obligations under the Information System for Broadband Infrastructure (SIIS) / Information Point on Telecommunications (PIT) regulation
- Conducting proceedings concerning the universal service subsidy
OTT regulations
- Qualifying infrastructure as electronic communications networks, including content delivery networks, software defined networks and networks using the SIP protocol (MPLS, SIP trunk)
- Broadcasting obligations, including must carry and must offer
- Relations with electronic communication entrepreneurs in terms of net neutrality
- Duties for defence, state security and public safety and order
- Duties of the retail service provider, in particular relating to consumer protection, personal data protection and privacy
our experts
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contact
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Opening hours: Monday - Friday
from 9:00 a.m. to 5:00 p.m
tel. +48 535 656 013
sekretariat@kancelaria.media.pl
KPM ADWOKACI I RADCOWIE PRAWNI J.WOŹNY sp.p.
ul. Strzelecka 27/7, 61-846 Poznań
Tax No: 7831841651
National Court Register No: 0000917620