Legislative Developments in the Telecoms Sector in 2008

• Main Author: Kamil Kosmala
• Format: Article
• Language: English
• Published: University of Warsaw 2009-11-01
• Series: Yearbook of Antitrust and Regulatory Studies
• Online Access: https://yars.wz.uw.edu.pl/images/yars2009_2_2/11-Legislative.pdf

Two issues were the primary subject of amendments in 2008 in the Polish telecoms sector. The first concerned the introduction of “technical” provisions relating to the fulfilment of Poland’s obligation to realize calls to the 112 European Emergency Number, as well as to other emergency service numbers (police, state fire rescue, medical emergency service). The second issue concerned the legal provisions relating to the functioning of the Polish National Regulatory Authority (NRA) and specifically, to the manner of appointment of the deputy President of the Office of Electronic Communications (Prezes Urzędu Komunikacji Elektronicznej; UKE). Subject to amendments were the relevant provisions of Acts of the Polish Parliament (in Polish: ustawa), as well as those set out in executive regulations of the relevant public authorities (in Polish: rozporządzenia). An issue of relevance in this context is also the failure of the Polish legislator to appropriately address certain key developments on the EU level that concerned the telecoms sector. While certain legal rules were indeed amended in 2008, Poland was nonetheless unable to respond swiftly enough to all EU requirements.