VOL.
2011, 4(5)
2010 Legislative Developments in Telecommunications
by
Kamil Kosmala*
I.
Amendments to the Polish Telecommunications law
The Act from 9 April 2010 on the amendment of the Telecommunications
Law Act1 (in Polish: Prawo Telekomunikacyjne;...
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VOL.
2011, 4(5)
2010 Legislative Developments in Telecommunications
by
Kamil Kosmala*
I.
Amendments to the Polish Telecommunications law
The Act from 9 April 2010 on the amendment of the Telecommunications
Law Act1 (in Polish: Prawo Telekomunikacyjne; hereafter, PT) introduced a broad
range of changes concerning the principles in accordance to which telecoms
services are to be provided to end users in Poland.
It is important to stress first
the change in the definition of a ‘subscriber’ [Article 2(1) PT].
Accordingly,
every entity that is party to an agreement for the provision of telecoms services
concluded with a provider of publicly available telecoms services, irrespective
of whether the agreement is concluded in a written or any other form, is now
considered a ‘subscriber’.
This amendment results from the ECJ judgment of
22 anuary 20092.
The Court declared therein that the limitation of the definition
of a ‘subscriber’ to entities that are party to written telecoms agreemen
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