Due to its characteristics, technological innovativeness and great importance to the national economy, the telecom market is subject to regulation. The underlying piece of legislation which regulates this market is the Telecommunication Law of 16 July 2004.
The Office of Electronic Communications (“UKE”) is Poland’s national regulatory authority (www.uke.gov.pl).
The regulatory environment is determined by the division of the sector into relevant markets.
The Office of Electronic Communications is tasked to define relevant markets in line with EU guidelines and determine if they are effectively competitive. If there is lack of evidence that effective competition is present on a relevant market, President of UKE designates a telecom operator or operators as having significant market power (“SMP”) on that market and imposes regulatory obligations thereon.
Orange Polska has been designated by the Office of Electronic Communications as an SMP operator on a number of fixed line and mobile relevant markets. Consequently, the President of UKE has imposed a range of regulatory obligations on Orange Polska.
Pursuant to President of UKE’s decisions issued in 2012, Orange Polska has a significant market power in the following relevant retail markets:
In particular, Orange Polska is subject to an obligation to obtain UKE’s approval for its price lists and terms of service provision as well as prohibition of predatory pricing, pure bundling and provision of unjustified preferences for groups of users. The Company is also obliged to not hinder the market entry of other operators.
Pursuant to President of UKE’s decisions designating Orange Polska as an SMP operator in the relevant wholesale markets according to the European Commission’s recommendation of 2007, the Company has the following regulatory obligations:
The President of UKE has designated Orange Polska as an operator having significant market power in the market for call termination on Orange Polska’s mobile network. The most important obligation imposed by UKE is to provide call termination services based on costs; hence, MTR regulation by the President of UKE. The other key regulatory obligations are the non-discrimination obligation, the transparency obligation (to disclose and publish information on matters related to providing access) and the obligation to provide telecommunication access.
Furthermore, the President of UKE has designated Orange Polska as an SMP operator in the market for SMS termination on Orange Polska’s mobile network. The most important regulatory obligation in this market is to provide SMS termination services based on costs.
For more information about the regulatory obligations of Orange Polska please see the Management Board's Report.
Further information on the regulation of Poland’s telecom sector is available on the Office of Electronic Communications’ website at www.uke.gov.pl.