Latest Legal Changes Concerning the Inventory of Telecommunications Infrastructure and Services
In the Polish telecommunications sector, the hot topic now is the implementation of the European Electronic Communications Code, which is two years overdue. In contrast, a significant amendment to the Act of 7 May 2010 on supporting the development of telecommunications services and networks (the Act) concerning reporting obligations on the inventory of telecommunications infrastructure and services has passed with little notice. The new rules became effective at the beginning of this year.
For example, the scope of entities covered by the obligation, and the information to be provided to the president of the Polish Office of Electronic Communications (UKE), has changed. In addition, a new regulation was issued specifying the technical issues of reporting, which resulted in the development of a new IT platform. The new provisions of the Act and the regulations will make outdated (or at least questionable) some of the positions and practices indicated in previous years by the UKE regarding the execution of reporting obligations by undertakings.
The Inventory of Telecommunication Infrastructure and Services
According to Article 29 of the Act, the president of UKE shall prepare and update an inventory of telecommunications infrastructure and services for the territory of the Republic of Poland.
In order to perform this obligation, among others, telecommunications undertakings shall provide up-to-date, factually correct, complete and adequate information on their telecommunications infrastructure, the routing of fibre optic cable lines providing or enabling broadband Internet access, as well as information in electronic form on the routing of non-fibre optic cable lines providing or enabling broadband Internet access, as well as information on public telecommunications networks, co-location facilities, telephone services, data transmission services providing broadband access to the Internet, and radio and television broadcasting services.
The Minister of Digital Affairs has defined, in the regulation of 19 December 2022 on the inventory of telecommunications infrastructure and services:
The type of infrastructure, and information on the provision of telephone services; data transmission services providing broadband access to the internet; radio and television programme distribution services subject to the inventory; and the scale of the maps on which the inventory is made
The electronic format of data transmission
The detailed scope and presentation of information in the inventory
The information indicated above is aggregated by the Telecommunications Information Point maintained by the president of UKE.
The regulations set the following deadlines for the reporting obligations under Article 29 of the Act:
Information on the infrastructure specified in the Act shall be provided by:
31 August for the period from 1 January to 30 June
28 February for the period from 1 July to 31 December of the previous year
Information on buildings enabling co-location, telephone services, data transmission services providing broadband access to the Internet and radio and television broadcasting services shall be provided annually by 31 March, as of 31 December of the preceding year.
Entities falling within the scope of the Act that do not have telecommunications infrastructure, public telecommunications networks, and buildings enabling co-location, and do not provide telephony services, data transmission services providing broadband access to the internet, and radio and television programme distribution services, shall submit to the president of UKE annually by 31 March a declaration that, as of 31 December of the preceding year, they do not have the indicated infrastructure and services.