1. Selected aspects of judicial review of decisions on telecommunications access to real property issued by the President of the Office of Electronic Communications
- Author
-
Robert Frey and Elżbieta Małecka
- Subjects
telecommunications access to real property ,President of the Office of Electronic Communications (UKE) ,the Court of Competition and Consumer Protection ,Real estate business ,HD1361-1395.5 - Abstract
The goal of the paper is to present of the decision of the President of the Office of Electronic Communications on telecommunication access to real estate in the light of the possibility of appealing against it. Decision of the President of the Office of Electronic Communications is a specific regulatory instrument, as it combines elements of civil law and administrative law. The President of the Office of Electronic Communications takes into consideration i.a. the fact of ensuring non-discriminating conditions of telecommunication access and the development of a competitive market of telecommunication services. This decision can be issued by the President of the Office of Electronic Communications on the basis of two different regulations. Article 139 of the Act of 16th July 2004 – Telecommunication Law refers to the issue of access to real estate and to telecommunication infrastructure. Articles 18, 30 and 33 of the Act of 7th May 2010 on supporting the development of telecommunication services and networks regulate the issue of access to real estate, access to building and connection point, access to telecommunication cable, building telecommunication installation or telecommunication terminal. The analysis of both of the aforementioned Acts leads to the conclusion that, depending on which Act, Article and paragraph is the basis for issuing a decision on telecommunication access, the manner of appealing against it is different.
- Published
- 2023
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