Act No.151/2000 Coll. on Telecommunications (extracts) - text out of date

'Office' refers to the 'Czech Telecommunications Office'

Chapter VIII

Frequency Spectrum Administration

SUBDIVISION 2

Radio Transmission Equipment

§ 57 Granting Permits for Radio Transmission Equipment

1. Radio transmission equipment may only be operated on the basis of a permit to operate radio transmission equipment unless this Act states otherwise.
2. A permit to operate radio transmission equipment is granted by the Office on the basis of a written application by a natural person or a legal entity.
3. An application for a permit to operate radio transmission equipment must include:
   1. the business name, registered office and legal form of the legal entity and its identification number if the applicant is a legal entity, or the first name, surname, permanent residence, business name, birth identification number and identification number of a natural person if the applicant is a natural person engaged in business, or the first name, surname, permanent residence, and birth identification number of the natural person if the applicant is a natural person.
   2. information on the frequencies that are required including their technical parameters and the purpose of their use, if these frequencies and parameters are not bindingly laid down by an international agreement to which the Czech Republic is bound and which has been promulgated in the Collection of Laws or the Collection of International Conventions.
   3. a specification of the anticipated operational area if this is required for the operation of radio transmission equipment,
   4. the period for which the allocation of frequencies is required,
4. The extent of information required under Subsection 3 b) for individual types of radiocommunications services shall be laid down by the Office in a provision to be published in the Telecommunications Bulletin.
5. An application for a permit to operate radio transmission equipment must be supported by:
   1. a valid licence, if the applicant is applying for the allocation of frequencies for telecommunications activity for which a licence is required under a special law,
   2. proof that the requirements for special competence have been fulfilled, if required by law,
   3. an authenticated copy of the memorandum or deed on the establishment or foundation of the legal entity and in the case of entities or persons registered in the Commercial Register, an extract from this Commercial Register.

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Permit to Operate Radio Transmission Equipment § 58

1. In a permit to operate radio transmission equipment the Office shall specify in particular:
   1. the business name, registered office and legal form of the legal entity and its identification number if the applicant is a legal entity, or the first name, surname, permanent residence, business name, birth identification number and identification number of a natural person if the applicant is a natural person engaged in business, or the first name, surname, permanent residence, and birth identification number of a natural person if the applicant is a natural person.
   2. frequencies allocated including their technical parameters if these frequencies and parameters are not bindingly laid down by an international agreement to which the Czech Republic is bound and which has been promulgated in the Collection of Laws or in the Collection of International Conventions, or arising out of the membership of the Czech Republic in international organizations,
   3. conditions for the use of the allocated frequencies,
   4. the period for which the frequencies are allocated,
   5. allocated identifying signals if required for the given type of radiocommunication equipment,
   6. the type of radio transmission equipment if this is required by an international convention to which the Czech Republic is bound and which has been promulgated in the Collection of Laws or in the Collection of International Conventions, or arising out of the membership of the Czech Republic in international organizations,
   7. the amount of the charge for allocated frequencies, unless the law provides otherwise.
2. If there are several applicants for a permit to operate radio transmission equipment on the same frequencies, the Office shall decide to issue a permit in accordance with the order in which the applications were received. The procedure detailed under Section 19 is not thereby affected.
3. In order to safeguard the activities of bodies within the Ministry of the Interior, the Security Information Service, the Police Force of the Czech Republic for security purposes, the Fire Brigade, the rescue service and the customs inspection service, the Office will decide on permits to operate radio transmission equipment without regard to the order in which the applications were received.
4. A granted permit is not transferable.
5. An appeal against a decision on a permit to operate radio transmission equipment has no dilatory effect.

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§ 59

The Office may decide not to issue a permit to operate radio transmission equipment in the following cases:

1. if this is required by state security,
2. if this is necessary to keep to commitments arising out of an international convention to which the Czech Republic is bound and which has been promulgated in the Collection of Laws or the Collection of International Conventions or arising out of the membership of the Czech Republic in international organizations,
3. if the allocation of the required frequencies is not allowed for by the frequency band allocation scheme or the frequency spectrum utilization scheme,
4. if the required frequencies are not available or cannot be coordinated,
5. if the applicant breaches the conditions required for valid permits to operate radio transmission equipment issued to him.

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§ 60 Amendment to a Permit to Operate Radio Transmission Equipment

1. The holder of a permit to operate radio transmission equipment is obliged to inform the Office of any changes relating to the information and supporting documents designated as requirements for an application for a permit to operate radio transmission equipment under Section 57 (3) and to submit proof of these within 15 days of the occurrence of the changes.
2. The Office shall decide on an amendment to a permit
   1. if this is necessary in order to keep to commitments arising out of international conventions to which the Czech Republic is bound and which have been promulgated in the Collection of Laws or the Collection of International Conventions or arising out of the Czech Republic's membership of international organizations, or
   2. on the basis of a justified application by a permit holder.
3. If there is a change as detailed under Subsection 2 a), the permit holder shall pay the state the necessary costs entailed by this change through the Office, unless determined otherwise in the permit.

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§ 61 Revocation of a Permit to Operate Radio Transmission Equipment

1. The Office shall decide on the revocation of a permit if
   1. the permit holder has ceased to fulfil any of the conditions on the basis of which the permit was issued to him or the conditions laid down under a special legal provision
   2. the permit holder does not discharge an obligation imposed by this Act or by the decision to grant a permit or to amend a permit, even though he has been notified in writing that the permit may be revoked on these grounds by the Office and he has not arranged rectification within the time-limit laid down by the Office,
   3. the permit holder has not used the allocated frequencies for a continuous period of six months following the issue of the permit or has repeatedly interrupted use of the allocated frequencies for an aggregate period of twelve months or has used them for purposes other than those for which they were allocated; periods required for repair and maintenance of the transmission equipment are not included in the period in which use of the frequencies has been interrupted.
   4. this is required in order to keep to commitments arising out of international conventions to which the Czech Republic is bound and which have been promulgated in the Collection of Laws or the Collection of International Conventions or arising out of the Czech Republic's membership of international organizations, or
   5. the permit holder requests revocation of the permit.
2. If the Office decides to revoke a permit as under Subsection (1) b), the applicant may reapply for the issue of a permit no sooner than two years after the date on which the decision to revoke the permit becomes final.

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§ 63 Cessation of Validity of the Permit to Operate Radio Transmission Equipment

A permit to operate radio transmission equipment becomes invalid:

1. upon expiry of the period for which it was issued,
2. on the date of dissolution of the legal entity which is the permit holder,
3. 30 days after the death of the natural person to whom the permit was issued,
4. on the date on which a decision of the Office on the revocation of a permit becomes final.

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§ 65 Charges for Allocated Frequencies

1. A holder of a permit to operate radio transmission equipment is obliged to pay charges for allocated frequencies. The amount of the charge for an allocated frequency is determined in accordance with the type of radiocommunications service, the permitted effective radiated power, the relative frequency bandwidth occupied, the operational field and the period of time for which the frequency is allocated.
2. The government shall determine the amount of charges in a decree.

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§ 66 Short-Term Permits to Operate Radio Transmission Equipment

1. The Office shall grant short-term permits to operate radio transmission equipment on the basis of an application from a natural person or a legal entity for a necessary period which is no longer than 14 days. A short-term permit is designated for single purposes, which cannot be anticipated sufficiently in advance. They may be granted if the required frequencies are available.
2. The procedure for submission of an application is the same as under Section 57 with the exception of the provision of Subsection 4. The responsible person for a foreign subject shall prove his identity with an appropriate identity document. An application must be delivered to the Office at least three working days before the required date of commencement of operation of radio transmission equipment.
3. The procedure for the issue of short-term permits to operate radio transmission equipment is the same as under Section 58 (1) with the exception of g).
4. An applicant for a short-term permit to operate radio transmission equipment is obliged to pay a single charge for the required frequencies, which is payable before the issue of this permit. The amount of the single charge for an allocated frequency is determined in accordance with the type of radiocommunications service, the permitted effective radiated power, the relative frequency bandwidth occupied, the operational field and the period of time for which the frequency is allocated.
5. A permit to operate radio transmission equipment granted to foreign subjects on the principle of reciprocity under an international agreement to which the Czech Republic is bound and which has been promulgated in the Collection of Laws or the Collection of International Conventions is not subject to any single charge.
6. Regulations on administrative procedure do not apply to the issue of a short-term permit to operate radio transmission equipment.

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SUBDIVISION 3

Special Competence

§ 68

1. Special competence is required of an applicant for a permit to operate radio transmission equipment for the operation of:
   1. radio-telephone and radio-telegraph radio transmission equipment located on board aircraft and ships entered in the Aircraft or Maritime Registers of the Czech Republic,
   2. radio-telephone and radio-telegraph terrestrial radio transmission equipment in mobile aircraft and mobile shipping service,
   3. radio-telephone and radio-telegraph terrestrial radio transmission equipment operated in the short-wave band,
   4. radio transmission equipment for an amateur radiocommunications service.
2. Operation of the radio transmission equipment detailed in Subsection 1 may only be performed by persons who have a valid certificate of special competence to operate such equipment. If the holder of a permit to operate radio transmission equipment is a legal entity, he is obliged to ensure that this equipment is only operated by a person who has a valid certificate of special competence. The Office verifies this competence to operate radio transmission equipment by means of an examination.
3. An applicant shall apply in writing to the Office for the examination detailed in Subsection 2. The Office shall permit the applicant to take the examination no more than three months after delivery of the application.
4. The Office shall issue the applicant who has proved special competence to operate radio transmission equipment in the examination with a certificate of competence.
5. The requirements for an examination application as detailed in Subsection 3, the range of knowledge required for the individual kinds of special competence, the procedure for taking the examinations, the kinds of certificates of competence and the period of their validity are laid down in an implementing regulation.