WORLD TRADE
ORGANIZATIONS/C/N/180
15 November 2001
(01-5809)
Council for Trade in Services Original:  English
NOTIFICATION PURSUANT TO ARTICLE III:3 OF THE
GENERAL AGREEMENT ON TRADE IN SERVICES
The following notification has been received from the delegation of Poland.
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1. Member notifying:
Poland
2. Notification under:
Article III, paragraph 3 of the General Agreement on Trade in Services
3. Date of entry into force:
1 January 2001
Duration:
Indefinite
4. Agency responsible for implementati on and enforcement of the measure:
Ministry of Infrastructure
Office of Telecommunications Regulation
5. Description of the measures:
Measure
(i) mode of supply covered by the measure: 1, 2, 3, 4
(ii) effect on trade in services: liberalizing measure
(iii) impact of the measure on commitments in the Member’s schedule:
On 1st January 2001 the act of 21 July 2000 Telecommunications Law came into force which
introduced changes to the polish sector of communications services.S/C/N/180
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According to the provisions of this act, the operation of public telephone networks, of public
networks intended for the broadcasting of radio or television programming shall require a
telecommunication authorization.  The above shall not apply to telecommunications activities
or the use of radio equipment by:
- organizational units or divisions supervised by or subordinated to the Minister of
Defense and organizations supervised by or subordinated to the minister competent
for internal affairs, for their own purposes,
- organizational divisions subordinated to the minister competent for internal affairs,
with regard to the networks operated to  these divisions for the purposes of the
chancelleries of the President, Parliament, Senate and the government administration,
- foreign military units and organizational divisions of foreign government authorities,
temporarily residing in territory of the Republic of Poland, in pursuance of treaties to
which the Republic of Poland is party, during the time of such stay,
- organizational divisions of the State Protection Office for their own purposes,
- organizational divisions subordinated to the minister competent for internal affairs for
their own purposes,
- diplomatic representations, consular offices, special foreign missions and
representations of international organizations enjoying privileges and immunities
derived from acts, treaties and international custom, domiciled in the territory of the
Republic of Poland - exclusively within the scope related to their diplomatic
activities,
- organizational divisions of the Penitentiary Service for their own purposes.
No authorization shall be required for the operation of:- public telephone networks, where the entire telecommunications infrastructure and all
network termination points are located within the area of a single gmina,
- fixed public telephone networks using numbering resources provided by an
authorized operator in pursuance of agreement on the provision of numbering which
may lay down the conditions for the use of the numbering provided,
- public radio and television distribution network installed in a single residential
building, designed for the broadcasting of radio or television programming.
The minister competent for posts and telecommunications may lay down by ordinance the
types of telecommunications activities meeting the criteria stipulated in this act, which shallnot require authorizations, aiming to limit the scope of telecommunications activities
performed under authorizations.
Authorized operators shall not refuse the interconnection of their telecommunications
networks with the telecommunications networks of other operators where the latter had beendeployed in accordance with the law.S/C/N/180
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Until 31 December  2002 it shall be prohibited to:
(1) provide international telephony service,
(2) provide international services using networks operated by foreign undertakings or
companies with foreign interest.
These above shall not apply to the company Telekomunikcja Polska S.A., or to its legal
successors or organizations formed in the aftermath of its division or transformation, as
appropriate for their respective scopes of activity and service areas.
These provisions shall not apply to services, which are not international telephony services,
provided with the use of radio equipment assuring radiocommunications with a range
extending beyond the borders of the Republic of Poland.
6. Members specifically affected, if any:
None
7. The texts are available from:
Official Journal of Laws of 2000 No. 73, item 852.
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