Registration of telecommunications service providers is compulsory for all companies providing telecommunications services in Poland. Currently, the register maintained by the Polish telecommunications regulator – Office of Electronic Communications (UKE), includes more than 4000 telecommunications providers who offer their services in Poland, including those who provide VoIP or data transmission services. In this article, the authors will briefly describe the main aspects of the registration of the telecommunications service provider in Poland.
Who must be registered in the UKE register?
Due to the fact that telecommunications activity is considered a “regulated activity” under the Polish Telecommunications Law (“TL“), all providers of these services must be registered before commencing the service. The register itself is held by the UKE and is publicly available to anyone (https://bip.uke.gov.pl/rpt/rejestr-przedsiebiorcow-telekomunikacyjnych). The register as such is useful in determining what types of services should be registered and how they should be described in the application.
As to the territorial scope of the registration obligation, registration is mandatory for all telecommunications service providers providing their services in Poland, including those with a legal presence (e.g. a limited liability company ) Poland.
Registration is also compulsory for telecommunications companies from EU countries or from a state that has concluded an agreement with the European Union regulating the freedom to provide services, which provides services in the territory of the Republic of Poland on a temporary basis, 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 other agreements 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 such services. This registration is also required for EU telecommunications providers, provided that they temporarily offer telecommunications services on the territory of Poland. If the services are provided on a permanent (constant) 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 application form – what information will be needed?
The application for registration of the telecommunications provider in Poland is rather complex and detailed. The request must cover at least the following data:
- the business name of the entrepreneur or the name of another entity authorized to carry out an economic activity on the basis of separate legal provisions, its registered office and address;
- designation of the legal form of the entrepreneur or any other entity authorized to carry out an economic activity on the basis of separate legal provisions;
- tax identification number (PIN);
- 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;
- 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 an economic activity on the basis of separate regulations;
- surname, first name, 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 the event of an emergency related to the operation of the network of telecommunications or the provision of the telecommunications service to which the request relates;
- general description of the telecommunications network, telecommunications service or associated services to which the request relates;
- the area where the telecommunications activities will be carried out;
- the expected start date of the telecommunications activities.
Deadlines and application form
The application for registration must be submitted to the UKE before the start of services in Poland. The President of the UKE enters the telecommunications provider into the register within 7 days from the date of receipt of the application (together with the declaration referred to in Article 10(5) of the TL).
If the President of the UKE does not carry out the registration within 7 days and 14 days have elapsed from the date of receipt of the application for registration in the register, the telecommunications provider may start its activity by Poland after prior written notification to the UKE. This does not apply in the event that the regulator has requested an entrepreneur to complete the application for registration in the register before the expiry of the above 7-day period.
The application must be completed in Polish. The application can be completed in writing (hard copy) and sent to UKE, or online using a dedicated system operated by UKE and available online. Registration can be carried out by an agent (eg a legal adviser), assuming that an appropriate 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.
The content of this article is intended to provide a general guide on the subject. Specialist advice should be sought regarding your particular situation.