5. In the event of a dispute concerning the amount due, disconnection may not take place until
the dispute is resolved, provided that current dues are paid.
Article 102. 1. A designated undertaking which, for reasons independent of its control, cannot
continue to provide the service it was designated to provide, shall inform the President of
UKE on its intended termination of the service provision, as well as on the activities it has
taken in order to preserve continuity of service provision.
2. A designated undertaking may not cease to provide the service it was designated to provide
until the provision of this service is taken over by another designated undertaking.
Article 103. 1. An undertaking designated to provide a nationwide directory or national
directory enquiry services shall be obliged to provide these services to all end users.
1a. A subscriber of a public telephone network with an assigned number has the right to
include his/her data in the nationwide directory and a nationwide directory enquiry service.
2. If the subject of a decision referred to in Article 82 (4) or in Article 83 is the obligation to
provide a nationwide directory, the President of UKE shall specify in that decision detailed
conditions for the provision of the service, including the form and scope of its provision as
well as the level of detail for subscribers' data to be covered by that directory.
2a. If the subject of a decision referred to in Article 82 (4) or in Article 83 is the obligation to
provide a nationwide directory enquiry service, the President of UKE shall specify in that
decision detailed conditions for the provision of the service, including its scope, as well as the
level of detail for subscribers' data to be covered by that directory enquiry service.
3. The provisions of Articles 161 and 169 shall respectively apply to a nationwide directory
enquiry service and to the preparation of a nationwide directory as well as to the related
process of making the data available.
4. The nationwide directory and the nationwide directory enquiry should be updated by
a telecommunications undertaking at least once a year.
Chapter 3
Liability for non-performance or inadequate performance of telecommunications
services
Article 104. 1. The provisions of the Civil Code shall apply to telecommunications
undertakings' liability for non-performance or inadequate performance of telecommunications
services, subject to paragraph 2 and Article 107 (1).
2. A designated undertaking shall be liable for non-performance or inadequate performance of
universal service only within the scope defined by this Act.
3. The provision of paragraph 2 shall not apply where non-performance or inadequate
performance of universal service results from intentional guilt, gross negligence of
a designated undertaking, or is a consequence of a misdeed.
4. A telecommunications undertaking providing international services shall be liable for their
non-performance or inadequate performance within the scope of and based on the rules
determined in international agreements to which the Republic of Poland is a party.
Article 105. 1. For each day that the periodically payable universal service or the service
referred to in Article 81 (5) is not available, a subscriber shall be entitled to compensation
amounting to 1/15 of an average monthly fee, the calculation being based on receipts for the
previous three settlement periods, however for the period not longer than the last 12 months.