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Telecoms & Media 2013

  • Poland
  • Media
  • Telecoms

04-04-2013

Communications policy

1. Policy

Summarise the regulatory framework for the telecoms and media sector. What is the policymaking procedure? Has the EU regulatory framework (including the market reviews) been fully transposed into your national law, as far as currently required?

The main aims of government and regulatory policy for the telecoms sector are to:

  • promote competition in the provision of telecommunications networks, associated facilities, or the provision of telecommunications services, including by:
    • ensuring that users, including disabled users, derive maximum benefit in terms of price, choice and quality of services;
    • ensuring that there is no distortion or restriction of competition (in the telecommunications market);
    • efficient investments in infrastructure and promoting innovative technologies;
    • encouraging efficient use and effective management of frequencies and numbering resources; and
    • providing regulatory predictability,
  • support the development of the internal market, including by:
    • removing existing market barriers for telecommunications activities;
    • encouraging the establishment and development of trans-European networks and the interoperability of pan-European services;
    • ensuring that there is no discrimination in the treatment of telecommunications undertakings; and
    • cooperating with other regulatory authorities of member states, BEREC and with the European Commission to ensure consistent implementation and application of regulations;
  • promote the interests of the citizens of the European Union;
  • implement a policy aimed at the promotion of cultural and linguistic diversity, as well as media pluralism; and
  • ensure that the adopted regulations are technologically neutral.

The Telecommunications Law generally adjusts Polish law to the EU regulations (including market reviews) included in electronic communication directives accepted by the European Parliament in 2002. Poland has brought its Telecommunications Law in line with Directive 2009/140/EC and Directive 2009/136/EC.

State policy in the telecoms sector is managed by the minister of administration and digitalisation and the president of the Office of Electronic Communications (UKE). The president of the UKE performs duties relating to the regulation of telecoms activities and frequency management, and cooperates with the minister of administration and digitalisation in drafting legislation, as well as with international telecoms organisations and relevant foreign national authorities.

The main features of broadcasting sector policy include the gradual creation of a balanced, competitive market for broadcasting services, creation of a single market for production and distribution in the audio-visual sector, freedom of television transmission and promotion of Polish culture in Europe and European culture in Poland. State policy in the broadcasting sector is managed by the National Broadcasting Council (KRRiT).

The Broadcasting Act generally brings Polish law in line with EU regulations. However, Poland is obliged to implement in full the provisions of audio-visual directives regarding on-demand audiovisual media services.

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Source: Arwid Mednis, Artur Salbert, Getting the deal through, Telecoms & Media 2013

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