The Act of 12 July 2024, Provisions introducing the Electronic Communications Law, was published in the Journal of Laws.
The Act implements into Polish law Directive (EU) 2018/1972 of the European Parliament and of the Council of 11 December 2018 establishing the European Electronic Communications Code. The Act repeals the currently applicable Telecommunications Law and specifies the date of entry into force of the so-called main act, i.e. the Electronic Communications Law, which will enter into force in its main part 6 months from the date of its publication. The Act amends numerous separate acts, including among others. the Act of 7 May 2010 on supporting the development of telecommunications services and networks (the so-called Mega Act), which changes result, among other things, from the need to update the references to the Telecommunications Law contained in these provisions or are a consequence of solutions introduced in the Electronic Communications Law.
From the very beginning of the legislative process related to the amendment to the Mega Act, the PINK Association has been working to develop solutions regarding telecommunications access principles that would be beneficial for commercial properties. In 2021, we published a report entitled "Telecommunications Access to Commercial Buildings," discussing the most important issues related to telecommunications access to commercial buildings, which was submitted to the relevant public administration bodies.
Over the course of several years of work on the project, we held a number of meetings with representatives of the Ministry of Digital Affairs and the Office of Electronic Communications, during which we presented our arguments regarding telecommunications access to commercial properties.
As a result of, among other things, our actions, despite initially unfavorable proposals, the final version of the Act of 12 July 2024, Provisions introducing the Act - Electronic Communications Law, retained the previously applicable version of the provision regulating the principles of reimbursement of costs incurred by the provider of access in connection with providing access to a telecommunications undertaking.
The Act will enter into force in its main scope on November 10, 2024. The text of the Act is available here.
We would like to thank our members for supporting the activities related to the amendment of the Mega Act!