inform the President of UKE at his/her request of the applied measurement method, based on
which the speed indicators are measured.
2. The President of UKE may, within 14 days of submitting the information referred to in
paragraph 1, file an objection to the measurement method applied by the telecommunications
undertaking in a form of a decision, if the method in question fails to guarantee that end users
are provided with transparent information on quality of service parameters or fails to ensure
reliable measurements. Failure to file an objection by the President of UKE within 14 days of
submitting the information shall be considered as agreement of the President of UKE to the
measurement method applied by the telecommunications undertaking.
3. In a decision referred to in paragraph 2, the President of UKE shall impose on
a telecommunications undertaking the obligation to apply a specific method based on which
the undertaking measures the data transmission speed indicator, taking account of the need to
guarantee that end users have transparent information on the quality of service parameters.
4. The President of UKE shall have the right to conduct tests in order to verify if the data
transmission speed measured by means of the method to which the President of UKE filed no
objection referred to in paragraph 2, or by means of a method specified in a decision of the
President of UKE referred to in paragraph 2 or 6, is not lower than the data transmission
speed referred to in paragraph 1.
5. If, as a result of the test referred to in paragraph 4, the President of UKE finds that the data
transmission speed measured by means of the method to which the President of UKE filed no
objection referred to in paragraph 2, or by means of a method specified in a decision of the
President of UKE referred to in paragraph 2 or 6, is lower than the data transmission speed
referred to in paragraph 1, the President of UKE shall impose, by means of a decision, the
obligation to adjust the data transmission speed to the data transmission speed referred to in
paragraph 1 on the telecommunications undertaking providing Internet access services, within
30 days of the decision's delivery date.
6. Where the information referred to in paragraph 1 is not submitted, the President of UKE
shall issue a decision imposing on a telecommunications undertaking the obligation to apply
a specific method based on which the undertaking measures the data transmission speed
indicator, taking account of the need to guarantee that end users have transparent information
on the quality of service parameters.
Article 63. 1. A provider of publicly available telecommunications services shall publish upto-date information concerning the quality of these services.
2. The President of UKE may request the submission of information referred to in paragraph
1.
2a. In order to prevent the degradation of telecommunications service quality and the
hindering or slowing down of traffic over telecommunications networks, the President of
UKE, having consulted the European Commission, may set minimum quality of service
requirements on a particular telecommunications undertaking by means of a decision, having
regard to competition development and supporting users' capability of accessing information
and its distribution or using applications and services of their choice. The President of UKE
shall provide the European Commission and BEREC with a draft decision together with its
justification prior to setting these requirements. The President of UKE shall take the utmost
account of the opinion and recommendations of the European Commission when taking the
decision.
3. The Minister competent for digitalization may specify, by means of an ordinance, the
indicators concerning the quality of particular services as well as the content, form, time
limits and manner of publishing information referred to in paragraph 1, guided by the need to
ensure access to comprehensive and transparent information to end users.