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Electronic Communications Act

Electronic Communications Act

127 Act of 22 February 2005

(excerpts)

Section 17
Individual Authorisation to Use Radio Frequencies

(1) Radio frequencies may only be used on the basis of an individual authorisation for the use of radio frequencies (hereinafter referred to as “authorisation to use radio frequencies”), unless otherwise stipulated herein. Where authorisation to use radio frequencies need not necessarily be granted for the use of radio frequencies, the Office shall define the conditions for the use of radio frequencies in the general authorisation.

(2) In the cases where authorisations to use radio frequencies need to be granted, the Office shall decide on the granting of such authorisations to any undertaking providing an electronic communications network or electronic communications service on the basis of a general authorisation or to any undertaking using such networks or services, or to person who is not an undertaking, in compliance with the conditions ensuring reasonable utilisation of radio frequencies upon the basis of such an undertaking’s or entity’s application delivered on the Office.

(3) The application for the granting of an authorisation to use radio frequencies shall contain

  1. if the applicant is:
    1. an undertaking, which is a legal entity: its trade name or name, registered address, or the registered address of an organisation unit in the Czech Republic, the business identification number, if any, and the name, surname and domicile of the person authorised to act on behalf of the legal entity;
    2. an undertaking, who is a natural person: that person’s first name and surname and the trade name, if any, domicile address, place of business and business identification number, if any;
    3. a person, who is not an undertaking: the first name and surname, domicile address and date of birth of a natural person, or the name and registered address, or the registered address of the organisation unit in the Czech Republic and the business identification number, if any, of a legal entity;
  2. data about the radio frequencies required, including the technical parameters thereof, and the purpose of the use thereof, unless such frequencies and their technical parameters are set out in a binding manner in an international treaty binding on the Czech Republic, which treaty was published in the Collection of Laws or Collection of International Treaties;
  3. proposal of the requested calling symbol, identification number or code, if they are necessary for the given type of radiocommunications service;
  4. specification of the intended territory of use of radio frequencies, if such a specification is necessary for the use;
  5. the required period of use of radio frequencies.

(4) The Office shall define the range of information required according to Subsection 3 Clause b) for the individual types of radiocommunications services in a measure regulation of general nature.

(5) The application for the granting of an authorisation to use radio frequencies shall be accompanied by the following supporting documents:

  1. licence based on a special legal regulation 11), or agreement with a holder of such a licence, if the applicant requests to use the radio frequencies for the distribution and transmission of audio or television broadcasting (radio service);
  2. professional competence certificate, if required hereunder;
  3. for persons entered on the Commercial Register: an incorporation certificate – extract from the Commercial Register not older than 3 months, or a notarised copy of the contract or deed of incorporation or establishment of the legal entity;
  4. for natural persons who are undertakings and for a person authorised to act on behalf of a legal entity: no criminal record certificate not older than 3 months;
  5. certificate of entry in the Aviation Register of the Czech Republic or a certificate of aircraft identification sign allocation, if the applicant requests being granted an authorisation to use radio frequencies aboard a plane;
  6. Ministry of Transport certificate of frequency co-ordination within the international aviation organisations, if the applicant requests to be granted an authorisation to use the radio frequencies of the aviation mobile service 12);
  7. certificate of entry on the Navigation Register of the Czech Republic, if the applicant requests being granted an authorisation to use radio frequencies aboard an inland ship 13), or in the Marine Register of the Czech Republic, if the applicant requests being granted an authorisation to use radio frequencies aboard a marine ship 14); entry on the Navigation Register of the Czech Republic may also be proved by submission of the ship certificate 14).

(6) The Office shall decide on granting the authorisation to use radio frequencies without delay. If the radio frequencies concerned are those reserved for special uses within the frequency band allocation scheme and the radio spectrum utilisation scheme, the Office shall decide within 6 weeks since the date of submission of a complete application. The Office is entitled to extend this period if it is necessary for reasons of a tender (Section 21), but may do so by 8 months at the maximum. This is without prejudice to the periods and dates required by international treaties in respect of the use of radio frequencies or orbital positions.

(7) If there are more than one applicant for an authorisation to use the same radio frequencies, the Office shall make its decision in respect of the granting of the authorisation on the basis of the time sequence of applications received; this does not apply to applicants requesting authorisation for the operation of amateur radiocommunications service stations. If an applicant requests being granted an additional authorisation to use radio frequencies for the distribution and transmission of audio or television broadcasting for the purposes of completion of the coverage of the territory in which the applicant is authorised to distribute and transmit audio or television broadcasting, the Office shall, before issuing its decision, request the Broadcasting Council to provide its opinion. If the Office does not receive such an opinion within 30 days of the request, it shall hold that the Broadcasting Council agrees with the granting of such an authorisation.

(8) The Office may issue an authorisation to use radio frequencies for the audio broadcasting service, but may only do so if a licence has been issued on the basis of a special legal regulation 11), or only with the consent of the Broadcasting Council, even for other radiocommunications services in the part of frequency spectrum exclusively intended for the audio broadcasting service.

(9) As a priority, the Office shall decide to grant authorisations to use the radio frequencies as are necessary for securing the activities of the bodies of the Ministry of Interior, the Security Information Service, Office for Foreign Contacts and Information, Police of the Czech Republic, Prison Guard Service and Court Police of the Czech Republic, Fire Rescue Service and the fire protection units, Ambulance Service, and the Customs Service bodies 15).

(10) The frequency bands reserved in the frequency bands allocation scheme to the Ministry of Defence for military purposes may be used for military purposes without decision on the granting of authorisation to use radio frequencies.

(11) The Office shall not grant an authorisation to use radio frequencies if:

  1. the security of the State so requires;
  2. it is required for compliance with the commitments resulting from an international treaty binding on the Czech Republic, which was published in the Collection of Laws or Collection of International Treaties, or with the commitments resulting from the Czech Republic’s membership in the European Union or in international organisations;
  3. the frequency band allocation scheme or radio spectrum utilisation scheme do not allow to use the required radio frequencies;
  4. the applicant has failed, upon being repeatedly invited by the Office to do so, to submit within the period prescribed by the Office a complete application for the granting of an authorisation to use radio frequencies;
  5. the required radio frequencies are not available or cannot be co-ordinated; or
  6. the applicant, and in the case of a legal entity the person authorised to act on its behalf, lacks integrity.

(12) The Office may decide also not to grant an authorisation to use radio frequencies to an applicant who is in arrears with paying fines or fees imposed on him hereunder.

(13) If a remedy is sought against a decision made on the basis of Subsection 6, the filing of a claim for remedy shall not have a suspensive effect.

Section 18
Issue of the Authorisation to Use Radio Frequencies

(1) The Office shall indicate the following in the authorisation to use radio frequencies:

  1. if the applicant was:
    1. an undertaking, which is a legal entity: the trade name or name, registered address, or the registered address of an organisation unit in the Czech Republic and the business identification number, if any;
    2. an undertaking, who is a natural person: that person’s first name and surname and the trade name, if any, domicile address, place of business and business identification number, if any;
    3. another person, who is not an undertaking: the first name and surname, domicile address and date of birth, of a natural person, or the name and registered address, or the registered address of the organisation unit in the Czech Republic and the business identification number, if any, of a legal entity;
  2. information about the radio frequencies or the frequency band, including the technical parameters thereof;
  3. the designation of the service or the type of network or technology for which the authorisation to use radio frequencies was granted;
  4. type of radio transmission equipment, if its indication is required by an international treaty binding on the Czech Republic, which treaty was published in the Collection of Laws or Collection of International Treaties, or if its indication results from the membership of the Czech Republic in international organisations;
  5. the allocated calling symbols, identification numbers and codes, if they are necessary for the given type of radiocommunications service;
  6. fees, as specified in Section 24 below, unless otherwise provided herein;
  7. the period of validity of the authorisation to use radio frequencies.

(2) The Office may, in the authorisation to use radio frequencies, impose conditions concerning:

  1. prevention of harmful interference and protection of citizens against the harmful action of electromagnetic radiation 8),
  2. the commitments resulting from applicable international treaties on the utilisation of radio frequencies.
The Office may determine these conditions, unless they are determined by this Act, by the General Authorisation, or a special legal regulation.

(3) The validity period of the authorisation to use radio frequencies as referred to in Subsection 1 Clause g) shall be adequate to the electronic communications service concerned and shall be in compliance with the frequency schemes, the Community’s harmonisation objectives, the international treaties binding on the Czech Republic and made public in the Collection of Laws or Collection of International Treaties, and the security of the State. If the authorisation to use radio frequencies is granted for broadcasting, the validity period shall not be shorter than the time for which a licence was granted under a special Act 11).

(4) If the use of radio frequencies has been harmonised at the Community level, and if conditions were laid down for the use thereof, the Office shall issue authorisation to use radio frequencies to any undertaking defined according to the Community rules or according to an international treaty binding on the Czech Republic. If the conditions associated with the authorisation to use radio frequencies are met, as defined in accordance herewith or on the basis hereof, the Office shall set out no further conditions in the authorisation as would restrict or delay the use of radio frequencies.

(5) The holder of an individual authorisation to use frequencies shall notify the Office without undue delay about any change to the facts on the basis of which he was awarded the authorisation.

Section 19
Amendment to, and Extension, Withdrawal and Termination of the Authorisation to Use Radio Frequencies

(1) The Office may decide to change the authorisation to use radio frequencies:

  1. if it is needed for meeting the commitments resulting from the international treaties binding on the Czech Republic, which treaties were published in the Collection of Laws or Collection of International Treaties, or resulting from the Czech Republic’s membership in the European Union or international organisations;
  2. if it is essential for the security of the State and if there is no other way to safeguard the security;
  3. if it is required by a change in the facts on the basis of which an individual authorisation to use radio frequencies was granted;
  4. if it is needed by a holder of an individual authorisation to use radio frequencies for the purpose of changing the technical parameters of the allocated frequency; an application for change of the allocated frequency shall be considered as application for the granting of a new individual authorisation to use radio frequencies.
Except the case indicated in Clause d) above, the Office shall inform the concerned persons about the intention to make such changes and shall grant them a period of 1 month for submitting their respective opinions. In the cases indicated in Clauses a) to c) the Office may reduce that period which, however, shall not be less than 7 days. If the Office reduces that period, it shall state the reasons therefor.

(2) If a change occurs as referred to in Subsection 1 Clauses a) and b), the Office shall, through the Radiocommunications Account, compensate the holder of the authorisation or the Ministry of Defence for the costs they efficiently and purposefully incurred as a result of such a change.

(3) Upon request of the holder of the authorisation to use radio frequencies, the Office shall decide on extending the validity period of the authorisation. If not prevented by the circumstances indicated in Subsection 1 Clause a) above, the Office will extend the validity period, but the extension may at the maximum be as stated in the authorisation. The validity period may be extended repeatedly.

(4) The Office shall decide to withdraw the authorisation to use radio frequencies if and when

  1. the authorisation holder does no longer meet any of the conditions on the basis of which the authorisation was granted to him or the conditions set out in a special legal regulation16;
  2. the authorisation holder fails to fulfil the obligations specified herein or in the decision on the granting or amendment of the authorisation, and fails to remedy the situation within the period specified by the Office in accordance with Section 116 below, in spite of having been warned by the Office about the possibility of such withdrawal for this reason;
  3. such a withdrawal is needed in order to fulfil the commitments under an international treaty binding on the Czech Republic, which treaty was published in as the Collection of Laws or Collection of International Treaties, or under the Czech Republic’s membership of the European Union or international organisations, or when the security of the State so requires,
  4. the authorisation holder left the allocated frequencies unused for a continuous period of 6 months, or interrupted the use of the allocated frequencies repeatedly for a total time of 12 months within two years, or used the allocated frequencies for purposes other than those for which they had been allocated to him; the time of interruption of the use of the frequencies shall not include the time during which the effective use of the frequencies was prevented by technical obstacles for which good reasons were given; the time of use of the frequencies is not monitored for the amateur radiocommunications service operators; or
  5. the authorisation holder asked for the withdrawal.

(5) If the Office decides to withdraw the authorisation as referred to in Subsection 4 Clause d), the applicant may apply again for the granting of the authorisation no sooner than upon the expiry of 6 months following the date on which the decision to withdraw the authorisation took effect.

(6) The Office shall inform the Broadcasting Council about the issue of its decision to withdraw the authorisation to use radio frequencies within the frequency bands intended exclusively for audio and television broadcasting.

(7) The authorisation to use radio frequencies shall lose effect:

  1. with the expiry of the time for which the authorisation to use radio frequencies was granted;
  2. on the date of termination of the existence of the legal entity which held the authorisation to use radio frequencies, unless such a legal entity has a successor in title;
  3. with the death of the natural person to whom the authorisation to use radio frequencies was granted; or
  4. on the date of entry into effect of the Office’s decision referred to in Subsection 3 above.

Section 26
Professional Competence

(1) The applicant for the authorisation to use radio frequencies shall be required to prove his professional competence for the operation of:

  1. radio telephony, radio telegraphy or other transmitting radio equipments located aboard planes and ships registered in the Aviation Register or Navigation Register or Marine Register of the Czech Republic;
  2. radiotelephony and radiotelegraphy terrestrial transmitting radio equipments of the aviation mobile service and navigation mobile service, and radiotelephone service on waterways 13),17);
  3. radiotelephony and radiotelegraphy terrestrial transmitting radio equipments operating on the short wave band;
  4. radio transmission equipments for the amateur radiocommunications service.

(2) The radio transmitting equipments referred to in Subsection 1 above may be operated by persons who have a valid professional competence certificate to operate such equipments. If a legal entity is the holder of an authorisation to use radio frequencies, such a legal entity shall ensure that the transmitting radio equipments is only operated by a person possessing a valid professional competence certificate. The Office shall verify the competence by a test. Operation of radio transmitting equipments may also be carried out by persons whose special competence to operate radio transmitting equipments was acknowledged under a special legal regulation 18).

(3) The applicant shall apply to the Office for a test referred to in Subsection 2 above in writing. The Office shall enable the applicant to attend the tests within 3 months of the delivery of the application at the latest.

(4) The Office shall issue a professional competence certificate to any applicant who proved to be professionally competent to operate transmitting radio equipments.

(5) The details of the application for admission to the tests referred to in Subsection 3 above, the extent of the knowledge to be required for each type of professional competence, the mode of performance of the tests, the types of the professional competence certificates and the period of validity thereof shall be specified in an implementing legal regulation.


8) Government Order No. 480/2000, on health protection against non-ionising radiation.
11) Act No. 231/2001 on broadcasting, as subsequently amended.
12) Act No. 49/1997 on civil aviation, as subsequently amended.
13) Act No. 114/1995 on inland navigation, as subsequently amended.
14) Act No. 61/2000 on marine navigation.
15) Section 1 Subsection 7 of Act No. 185/2004, the Customs Act, as subsequently amended.
16) Act No. 483/1991 on Czech Television, as subsequently amended. Act No. 484/1991 on Czech Radio, as subsequently amended.
17) Decree No. 138/2000 on radiotelephony traffic on inland waterways.
18) Act No. 18/2004 on the recognition of professional qualification and other qualifications of the citizens of other Member States of the European Union and on amendment to certain other Acts (Professional Qualification Recognition Act).

'Office' refers to the 'Czech Telecommunications Office' - http://www.ctu.cz: 

© OK1XU, 2005