Telecommunications access - general information

The issues of telecommunications access are regulated in the provisions of telecommunications law. In art. 2 point 6 of the Telecommunications Law, a legal definition of telecommunications access is included. Pursuant to the above provision, telecommunications access is the use of telecommunications equipment, associated facilities or services provided by another telecommunications undertaking, under certain conditions, for the purpose of providing telecommunications services, including the provision of electronic services or the services of providing broadcast content.In the further part of the provision, the legislator lists particular types of telecommunications access. Telecommunications access may include, among others on:
  1. Access to network elements and associated facilities, also by connecting devices by means of fixed or non-stationary means, including access to the local subscriber loop as well as devices and services necessary to provide services in the local subscriber loop.
  2. Access to buildings and telecommunications infrastructure.
  3. Access to relevant software systems, including operational support systems.
  4. Access to number translation or systems providing analogous functions.
  5. Access to telecommunications networks, including for roaming purposes.
  6. Access to conditional access systems.
  7. Access to virtual network services.
  8. Access to information systems or databases for the purposes of order preparation and submission, service provision, maintenance, troubleshooting, complaints and invoicing.
As emphasized in the doctrine, this is not a closed catalog of forms of access, but only a sample calculation.
The essence of telecommunications access is to enable the use of resources at the disposal of the network operator (devices, associated facilities and telecommunications services) to another telecommunications undertaking in order to enable it to provide telecommunications services. Often, telecommunications access requires the use of another operator's telecommunications software or devices.
Telecommunications access may be regulated by contract or in the event of disagreement between the parties regarding the conditions of access by means of an administrative decision issued by the President of UKE, which replaces the agreement.

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