TELECOMMUNICATIONS OFFICE OF
THE SLOVAK REPUBLIC
Továrenská 1, 810 06 Bratislava 16
The Telecommunications Office of the Slovak
Republic (hereinafter “Office”) as the pertinent body of the state
administration pursuant to Article 6, Paragraph 1, Letter b), and Paragraph 3,
Letter a) of Act No. 610/2003 Coll. on electronic communications (hereinafter
“Electronic Communications Act”)
issues
pursuant to provisions of Articles 12 and 13 of
the Electronic Communications Act this
General Authorisation
No. 1/2005
to provide electronic communication networks
and electronic communication services
as amended by
revision 1 on 27 September 2005 and by revision 2 on 1 April 2006.
This general authorisation (hereinafter
“authorisation”) authorizes natural persons and juristic persons (hereinafter
“an undertaking”) to provide on the territory of the Slovak Republic electronic
communication networks (hereinafter “networks”), electronic communication
services (hereinafter “services”) or networks and services provided that the
conditions stipulated in this authorisation will be met.
With regard to the general character of this
authorisation, individual provisions of this authorisation relate to a specific
network or a specific service, if they relate to it with its substance.
Article 1
Conditions of a General Authorisation
-
An undertaking is obliged to pay
administrative contributions in the following way
-
the rate of 0,08 percent of the revenues
generated from provided networks, services, or networks and services
(min. 1000, - Sk),
-
for settlements in period of the year
2005 the Office shall send invoice to undertaking issued following its
notification (annex No. 2 of this authorisation) and statements according
to paragraph c). Per incoming periods the Office shall issue a credit
bill to undertaking after delivery of particular statement according to
paragraph c).
-
to enable control of the amount of
administrative contributions, an operator that keeps its accounts using
the double-entry bookkeeping has the duty to submit to the Office its
profit and loss statement[1]
that will contain revenues related to exclusively providing of networks,
services, or networks and services; an operator keeping its accounts
using single-entry accounting is obliged to submit a statement of income
and expenditures together with an annex that will contain revenues
related to exclusively providing of networks, services, or networks and
services.
-
An undertaking is obliged in the area of
protection of personal data and privacy to respect duties ensuing for an
undertaking from provisions of Articles 55 to 57, Article 59 to 62, and
Articles 64 and 65 of the Electronic Communications Act.
-
An undertaking is obliged to ensure that the
public network and associated installations comply with technical standards
and technical specifications for networks and services, the list of which is
published by the European Commission, recommendations of the International
Telecommunications Union (ITU), and technical standards and specifications
issued by the European Telecommunications and Standardization Institute
(ETSI), in particular from the viewpoint of
-
safety of network operation,
-
maintaining integrity and inviolability
of the network,
-
functionality of services,
-
connection of terminal equipment of
networks,
-
interconnection of networks.
-
An undertaking is obliged to ensure the installations for tapping
and recording of traffic in networks for a state body or body acting in
criminal proccedings(2)
by provision of this facilities and their
maintenance in continual operating conditions at the own costs. An
undertaking is obliged to ensure connection of this facilities at its own costs. Technical
specification according to Article 13 paragraph 2 letter j) of the
Electronic Communications Act shall be approved by the Office.
Article 2
Notification Duty
-
An undertaking that wants to provide
networks, services, or networks and services is obliged to
notify the Office
of this intention before it begins providing them.
-
Notification duty also relates to changes or
cancellation of providing a network, a service, or a network and a service,
and changes according to § 14 ods. 2 Act on Electronic Communications.
-
Notification duty is not required when the
operator provides a network exclusively for its own use, when the operator
provides a service exclusively for its own use.
-
An undertaking fulfills its notification
duty by delivering a subsequent and complete written notification pursuant
to Annex No. 2 to the Office.
-
Based on a delivered subsequent and complete
written notification the Office shall register the notifying party as an
operator providing networks, services, or networks and services.
-
The Office shall return an incomplete
notification to the notifying party for completion.
-
Per issue of acknowledgement on fulfilment
of notification duty is undertaking obliged to cover
administration fee
according to Act No. 145/1995 Coll. on administration fees as amended.
The fee is due after registration of application form.
-
The Office shall publish registration of a
notification within one week on its web site
http://www.teleoff.gov.sk/
Article 3
Transitional Provisions
-
The undertakings that were providing
electronic communication networks and/or services according to General
Authorisation No. 1/2004 (hereinafter only „GA 1/2004 „) are obliged for
the year 2005 reimburse:
a) relevant amount of administration fee
according to GA
1/2004, Article 2, paragraph 5, letter a); ( in case of
multiple notification duties for one undertaking is that obliged to reimburse
only one settlement according to GA No. 1/2004, article No. 2, paragraph. 5, letter
a), item1.),
b) relevant amount 0,08 % of
turnover for provision of electronic
communication networks and
/or services in the year 2005 since the GA
No.1/2005 entered into force.
-
The undertakings that were not have to
fulfil notification duty in accordance with article 3 of General
authorisation No. 1/2004 for provision of electronic communication networks
and electronic communication services are obliged to meet notification duty
according to this authorisation in 60 days since this authorisation entering
into force.
-
Notifications registered according to
General licence No. 1/2004 for provision of electronic communication
networks and electronic communication services are considered as
notifications according to this authorisation and as a achievement of
notification duty according to Electronic Communication Act.
Article 4
Cancellation Provisions
The
following general licenses issued by the Office are herewith cancelled:
General license No. 1/2004 to provide
electronic communication networks and electronic communication services.
Article 5
Effective Date
This general authorisation (license) becomes effective on 1
April 2006.
In Bratislava on 1 April 2006
Ing.
Milan Luknár
president
[1] Act No.
431/2002 Z.z. on accounting in the wording of Act No. 562/2003 Z.z.
[2]
Section 2, Subsection 2 of Act No.
166/2003 Coll. on Protection of Privacy against Illegal Use of Information and
Technical Means and on Change and Amendment of Some Acts (on Protection against
Interception) and Section 12,
Subsection 1 of Act No. 141/1961 Coll., Criminal Code.