Chapter 2
Telecommunications access
Article 26. 1. Telecommunications undertakings, while negotiating the provisions of
a telecommunications access agreement, shall take account of obligations imposed on them.
2. Information obtained in connection to negotiations may only be used in line with its
intended purpose and is subject to the obligation of confidentiality, unless the provisions of
the Act provide otherwise.
3. Unless the Act provides otherwise, the provisions of this chapter referring to
telecommunications undertakings shall apply to the entities referred to in Article 4 point (1),
(2), (4), (5), (7) and (8) respectively.
4. An operator from the Member State applying for telecommunications access shall not be
obliged to make an entry in the register referred to in Article 10, provided that it does not
perform telecommunications activities in the territory of the Republic of Poland.
Article 26a. A public telecommunications network operator at the request of another
telecommunications undertaking or entities referred to in Article 4 point (1), (2), (4), (5), (7)
and (8) shall conduct negotiations regarding the conclusion of an agreement on
telecommunications access with respect to interconnection and with respect to
telecommunications access to be provided based on the regulatory obligations imposed on this
operator, for the purpose of providing publicly available telecommunications services and
ensuring the interoperability of services.
Article 27. 1. The President of UKE may specify, at a written request from each of the parties
to negotiations for the conclusion of an agreement on telecommunications access with respect
to interconnection or ex officio, by means of a resolution, the time limit for closing
negotiations for the conclusion of this agreement, not longer than 90 days from the day of
submission of the request for the conclusion of a telecommunications access agreement.
2. Where negotiations for the conclusion of an agreement on telecommunications access with
respect to interconnection are not taken up, interconnection is refused by the obliged party or
the agreement on telecommunications access with respect to interconnection is not concluded
within the time limit referred to in paragraph 1, or the agreement is not concluded within 90
days of the day of submission of the request for the conclusion of a telecommunications
access agreement, any of the parties may submit to the President of UKE a request for
issuance of a decision resolving contentious issues or for determining the conditions of
cooperation.
2a. The President of UKE may specify, at a written request by each party to negotiations for
the conclusion of an agreement on telecommunications access conducted with an operator
obliged to ensure telecommunications access based on the regulatory obligations imposed on
this operator, or ex-officio, by means of a resolution, the time limit for closing negotiations
for the conclusion of this agreement, not longer than 90 days from the day of submission of
the request for the conclusion of a telecommunications access agreement.
2b. Subject to paragraph 2, where negotiations are not taken up by an operator obliged to
ensure telecommunications access, access is refused by the obliged party or the agreement on
telecommunications access is not concluded within the time limit referred to in paragraph 2a,
or the agreement on telecommunications access is not concluded within 90 days of the day of
submission of the request for the conclusion of a telecommunications access agreement, any
of the parties may submit to the President of UKE a request for issuance of a decision
resolving contentious issues or for determining the conditions of cooperation.