The purpose of this article is to briefly describe a process of registration of the telecommunications service provider in the register maintained by the Polish telecommunications regulator – Office of Electronic Communications (UKE). This registration is mandatory for all companies providing telecommunications services in Poland, including those providing VoIP or data transmission services.
Who should register?
Under the Polish Telecommunications Act (“TL“), an economic activity of telecommunications is considered as “regulated activity” and as such requires registration. The register itself is held by the UKE and is publicly available for anyone to view (https://bip.uke.gov.pl/rpt/rejestr-przedsiebiorcow-telekomunikacyjnych).
In general, registration is compulsory for all telecommunications service providers who provide their services in Poland, especially when they have a seat (legal presence) in Poland. The registration obligation is also required in the case of small or medium-sized enterprises.
Registration is also compulsory for telecommunications undertakings from a Member State or from a State which has concluded an agreement with the European Union and its Member States regulating the freedom to provide services, which temporarily provides services in the territory of the Republic of Poland under the conditions specified in the provisions of the Treaty establishing the European Community, of the Agreement on the European Economic Area or in accordance with the provisions of another agreement regulating the freedom to provide services.
In other words, all companies that provide telecommunications services in Poland must be registered with the UKE before offering these services. In practice, such registration is also required for telecommunications providers from the European Union in the event that they – temporarily – offer telecommunications services in Poland. If the services are provided on a permanent basis, the telecommunications service provider must establish a legal entity in Poland – this entity must be registered in the register of telecommunications providers by the UKE.
The app – what does it cover?
The application for registration of the telecommunications provider in Poland is rather complex and detailed. The application covers at least the following data:
1) the business name of the entrepreneur or the name of another entity authorized to carry out economic activity on the basis of separate legal provisions, its registered office and address;
2) designation of the legal form of the entrepreneur or any other entity authorized to carry out economic activity on the basis of separate legal provisions;
3) tax identification number (PIN);
4) number in the register of entrepreneurs in the national court register or in another relevant register kept in a Member State or another country, if the entrepreneur has such a number;
5) designation of the person authorized to contact the President of the UKE, its headquarters, address or telephone number on behalf of the entrepreneur or any other entity authorized to carry out economic activity on the basis of a regulation distinct;
6) name, surname, address and telephone number of the person authorized to contact on behalf of the entrepreneur or other entity authorized to carry out economic activity on the basis of separate provisions in emergencies related to the operation the telecommunications network or the provision of the telecommunications service to which the request relates;
7) general description of the telecommunications network, telecommunications service or associated services to which the request relates;
8) the area where the telecommunications activities will be carried out;
9) the expected start date of the telecommunications activities.
Deadlines and application form
The President of the UKE registers the entrepreneur or any other entity authorized to carry out an economic activity on the basis of separate provisions in the register kept by the UKE within 7 days from the date of receipt of the application (accompanied by of the declaration referred to in § 10(5) TL).
If the President of the UKE does not carry out the registration within the above period and 14 days have elapsed from the date of receipt of the application for registration in the register, the entrepreneur may start the telecommunications activity after prior written notification to the President of the UKE. This does not apply in the event that the President of the UKE has requested an entrepreneur to complete the application for registration on the register before the expiry of the above 7-day period.
The application can be completed in writing (hard copy) and sent to UKE, or online using the PUE system operated by UKE. The registration can be carried out by an agent, assuming that a relevant power of attorney has been granted to this person to represent the telecommunications provider before the UKE in the registration process.
The application for entry in the register, the documents attached to this application and the entry in the register are not subject to stamp duty.