registration document France Telecom 2009 - Orange.com

overview of the group’s business
6
OVERVIEW OF BUSINESS
Poland
6.3.2.3 The Regulatory Environment
Polish Legal and Regulatory Framework
Legal Framework
The activities of TP Group are governed by the law of
July 16, 2004 on telecommunications, which transposes
into national law the “Telecom package” of 2002 regarding
electronic communications, and the law of February 16, 2007
on competition and protection of consumers.
The law of July 18, 2002 governing electronic services
transposes into national law the directive 2000/31/EC on
electronic commerce and defi nes the obligations of providers of
electronic services. The applicable framework for the protection
of personal data is defi ned by the Law of August 29, 1997 on
the protection of personal data, amended in 2002. The 2004
telecommunications law also specifi es certain rules applicable
to data protection and data retention.
In July 2009, the Ministry of Infrastructure also issued a new
Number Portability Ordinance. The main changes are: 1) the
customer may make only one number portability request to
another operator; 2) the request shall be treated within six hours
for mobile operators and one working day for fi xed operators;
3) the number portability process shall not take longer than
one working day for mobile and seven working days for fi xed
operators.
For the presentation of regulatory risks, see Section 4.2 Legal
Risks.
Regulatory Authorities
The Ministry of Infrastructure is responsible for telecommunications
and proposes the laws.
The Offi ce of Electronic Communications (UKE) is in particular
in charge of telecommunications regulation and frequency
management, as well as of certain functions of the National
Radio Broadcasting Council (KRRiT).
The Competition and Consumer Protection Authority (UOKiK) is
responsible for the application of competition law, the control of
concentrations and the protection of consumers.
Universal Service
The UKE decision of November 7, 2006, confi rmed TP Group
as the operator responsible for universal service until May 2011.
TP Group must offer low income plans, provide access to basic
telephone services, and defi ne the supply of additional services
with the UKE president. In a separate decision, UKE also set the
universal service obligations imposed on TP Group for public
call boxes.
Regulation of Mobile Telephony
Key Events
January 29 Mobile call termination rates: UKE adopted
an asymmetric decision for PTC and PTK
Centertel (Orange), only decreasing Orange
mobile call termination rates to 0.1677 zloty as
of July 1, 2009.
May 15 Mobile call termination rates: t he European
Commission invited UKE to defi ne next steps
of price decreases suffi ciently in advance
to ensure legal predictability and suffi cient
transparency for the operators.
September 29 Mobile call termination rates: UKE
notifi ed draft price control decision to impose
mobile call termination rates of 0.1677 zloty
on the three major mobile operators as of
January 1, 2010.
October 27 Mobile termination rates: UKE draft price
control decision for P4.
October 30 SMS: UKE launched a consultation on the
defi nition of the wholesale market for SMS
termination.
November 27 Mobile call termination rates: t he European
Commission called on UKE to abolish
asymmetrical call termination rates in favor
of P4.
December 9 Mobile call termination rates: UKE issued
an individual decision confi rming PTK’s mobile
call termination rates and obligations.
December 22 Mobile call termination rates: t he European
Commission issued comments on the glide
path proposed for CenterNet .
6
Mobile Call Termination Rates
In January 2009, UKE decided to decrease the three main
mobile operators’ rates, but only reduced Polska Telefonia
Cyfrowa’s (PTC) call termination rates for calls terminating in the
PTK Centertel (Orange) mobile network (0.2162 zloty/min as of
January 2009; 0.1677 zloty/min as of July 2009). PTK appealed
this decision at the national level and informed the European
Commission. In March 2009, UKE issued a decision which
ceased such asymmetry between PTC and PTK.
2009 REGISTRATION DOCUMENT / FRANCE TELECOM
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