July 1999

Poland Master Report

I- General background

The process of privatisation and restructuring according to the rules of the Internal Market of the European Union has continued following fundamental political and economic changes in 1989. It is stimulated by the preparation and adoption of the National Programme of Preparation for EU Membership. The aim is to be ready for accession to the European Union by the end of the year 2002.

1. General telecom policy

Article 82 of the European Treaty forms the basis for the adjustment activities in the field of telecommunication required for future EU membership. Particular concern is given to modernisation of the Polish post and telecommunications network and its incorporation into the European and global networks, integration with general European systems and harmonisation of legal and technical regulations as well as co-operation within the European normalisation structures. The objectives of the telecommunications development policy are included in "Telecommunications Development Policy", approved by the decision of the Council of Ministers in 1996; "Strategies of telecommunications development in Poland until the year 2000", approved by the Government at the turn of 1993; "Directions of structural changes in the Polish telecommunications", and "Guidelines to the telecommunications development policy in rural areas until the year 2000", approved in 1995. A new government, which came into power in the autumn of 1997, introduced a more liberal telecommunications policy. The focus was placed on the privatisation of Telekomunikacja Polska S.A. and restructuring of the Polish Post. Further demonopolization of the telecommunication sector was performed.

2. Institutional structures in charges of the regulatory issues

2.1 Ministries in charge of the telecommunication issues

Ministry of Posts and Telecommunications

The Ministry of Posts and Telecommunications was formed on the following legal basis:

• 1 December 1989: office of the Telecommunication Minister legally adopted
• 3 February, 1997: the Prime minister’s ordinance on the Telecommunications ministry status adopted
• April 10, 1997: the organisational regulations of the Telecommunications Ministry’s legal status.

The Ministry of Posts and Telecommunications is responsible for telecommunications policy and regulation. It is the supervising institution of the public utility units:

• The Polish Post (Poczta Polska)
• The Telecommunications Institute (Instytut Lacznosci)
• The State Post and Telecommunications Inspection (Panstwowa Inspekcja Telekomunikacyjna i Pocztowa - PITIP)
• The State Radiocommunications Agency (Panstwowa Agencja Radiokomunikacyjna - PAR)
• 1990 Law on Posts and Telecommunications established the Government Plenipotentiary for Rural Telecommunications to prepare rural telecommunications development programmes, acting within the Ministry.

2.2 National regulatory authorities

• The Polish Parliament is in charge of establishing all the fundamental legal acts in Poland.
• The Parliamentary Commission for Transport and Telecommunications is in charge of stimulating the process of fine-tuning new and amended legal acts in telecommunication sector.
• The Ministry of Posts and Telecommunications is also the National Regulatory Authority.

Regulatory activities performed by the Ministry include:

• Issuing licences for telecommunications networks and services (except for services provided by TPSA);
• Defining the national numbering plan;
• Specifying interconnection conditions;
• Arbitrating in interconnection disputes, after obtaining the opinion of the President of the Competition and Consumer Protection Office;
• Introducing maximum prices (price-caps) for general telecommunications services, if required;
• Defining the fees for using telecommunications network, lines and equipment;
• Agreeing the prices for general international telecommunications services;
• Defining the policy for management of the frequency spectrum, after consulting the Council on Frequency Use;
• Defining the fees to be levied for frequency use, in agreement with the Minister of Finance;
• Issuing specifications of radio equipment types, conditions and licensing procedures;
• Defining the technical, functional and electromagnetic compatibility requirements for telecommunications equipment installed in Poland ("homologacja");

Some regulatory responsibilities have been delegated to the National Postal and Telecommunications Inspectorate – PITIP. This agency's responsibilities include:

• Inspection of TPSA's telecommunications network and equipment;
• Monitoring licensed operators' activities, supervising their adherence to licensing conditions and collecting fees for the use of telecommunications lines, equipment and networks on behalf of the NRA.
• The PITIP has no powers for monitoring or supervising the activities of the public operator TPSA, which is not licensed but operates directly under the law.

The Ministry of Treasury

Responsibilities for ownership of TPSA were transferred to the Ministry of Treasury in April 1997.  The statutory competencies of the National Broadcasting Council include the right to issue regulations and other implementing legal instruments governing those matters that require more detailed regulation.

2.3 Frequencies allocation authorities

National Radiocommunications Agency (PAR)
This agency's responsibilities include:

• Frequency allocation and management;
• Inspection of the use of frequencies;
• Licensing for radio-based telecommunications, satellite and broadcasting;
• Monitoring and inspection of radiocommunications networks, lines and equipment, supervising adherence to licensing conditions and collecting frequency fees

2.4 Office for the protection of economic competition

The Competition and Consumer Protection Office is established by the Anti-Monopoly Law as the competition authority in Poland. It is part of the central government secretariat (i.e. not in a Ministry) and the Prime Minister nominates its President. The President attends the Council of Ministers, but in an advisory role only.

The Office arbitrates only in inter-company disputes, for example if a telecommunications company complains about an abuse of dominance by TPSA.

The Office is consulted when a Ministry prepares a decision. Consultation with the Competition and Consumer Protection Office is mandatory when the Minister of Posts and Telecommunications arbitrates in interconnection disputes.

Competition cases can at any time be taken to the Anti-Monopoly Court. This is a division of the Warsaw District Commercial Court, but with responsibility for the whole country. The Anti-Monopoly Court can be over-ruled only by the National Supreme Court.

Appeals against Ministerial decisions are outside the jurisdiction of the Anti-Monopoly Court and must be made to the National Administrative Court (NSA).

2.5 Consultative councils

Council on Frequency Use

The 1990 Law on Posts and Telecommunications (Art.22) created this council. It advises the Ministry of Posts and Telecommunications on policy for managing the frequency spectrum. It consists of representatives of the Ministries of Defence, Interior and Foreign Affairs and of the National Council for Radio and Television Broadcasting.

The Institute of Telecommunications

This independent body acts as a certified test house for equipment testing and certification of conformity, by delegation from the Ministry of Posts and Telecommunications.

2.6 Public telecommunication operators

2.6.1. The public telecommunications operator - TPSA

At the end of 1991 the telecommunications branch of the Polish PTT was transformed into Telekomunikacja Polska - Spolka Akcyjna, TPSA. It is a 100% state-owned company, with the Ministry of Treasury fulfilling the function of owner since April 1997. The legal foundations are the Law on Telecommunication and the Law on Commercialisation and Privatisation of State Owned Enterprise.

One of first steps was the acceptance of TPSA privatisation schedule by the Economic Committee of Council of Ministers (KERM) on 8 September 1997. Privatisation is in responsibility of the Ministry of Treasury. Plans have been announced to sell an initial block of around 20% of TPSA on the domestic and foreign stock markets in 1998. A further 15% will be allocated to the firm's employees. In 1997, a process of structural and organisational changes in TPSA has begun. In February 1998, a privatisation consultant was selected. On 3 March 1998, an agreement between the Ministry of Treasury and the consultant company was signed. This date is understood to be the beginning of the privatisation of TPSA. A prospectus of the company was deposited to the Securities Commission on 30 June 1998.

The next step of privatisation is going to start from August 1999, when 25-35% of TPSA shares will be offered. Some large European and American telecom operators are interested in strategic investment in TPSA. TPSA is not licensed, but operates directly under the Law on Posts and Telecommunications. Its activities are therefore subject to control by the Ministry of Posts and Telecommunication.

TPSA has a monopoly on international connections until 2003, including international satellite-based telegraphy and telephony.

Its monopoly on local telephony ended in January 1991. It has a 63.25% share of Centertel, the analogue mobile operator with about 250,000 subscribers. The largest cable operator in Poland, Polska Telefonia Kablowa, is a joint venture between TPSA and Chase Enterprises (USA).

2.6.2 Competitive local service providers

About 70 licences for local telephone companies have been issued, and 30 companies are now trading. The biggest operators groups are: Netia, Poland Telecom Operators PTO, Elektrim Group, Telefonia Lokalna, Szeptel, Tyczyn, Petrotel, Telefony Opalenickie, Telefonia Polska- Zachod, and Pilicka Telefonia.

Netia Holding SA is a holding company owned by Telia (33,24%), American enterprises and investment banks (43,19%), Israeli shareholders (15,99%) and Polish shareholders (7,58%). Netia Group licences cover 23% of Poland with 33% population.

Netia Holding controls the Netia Group which consists of: Netia Telecom, which offers fixed network services and is a major shareholder of 10 local operators, and Netia South (75% Netia Holding, 25% Telia), which offers fixed network services and is a major shareholder of 2 local operators.

Poland Telecom Operators consists of:Telefony Brzeskie, Telekomunikacja Debicka, Polska Telefonika Wiejska, Telecommunication Enterprise RETEL, Midwest – Srodkowo Zachodnie Telefony Polskie and Polska Telefonika Prywatna companies. The main investor of PTO is CETI – Central Europe Telecom Investments. Its shareholders are American insurance funds and Credititanstalt Securities (Austria).

Elektrim is the holder of 40% shares of Regionalne Sieci Telefoniczne El-Net and is the owner of Elektrim Tv-Tel Co. Its local operator El-Net paid 245,000,000 euro for its Warsaw region licence. The average rate for other regions is from 12,200,000 euro (Szczecin region) to Lodz region 82,400,000 euro.

Telefonia Lokalna S.A. is a company with exclusive domestic capital. Shareholders are: KGHM "Polska Miedz" (49,5%), Polskie Sieci Energetyczne (30%), Tel-Energo (20%), and Cuprum 2000 which is affiliated to KGHM (0,5%). Telefonia Lokalna covers 8 regions.

2.6.3 Mobile service providers

Centertel
Centertel is a consortium comprised of TPSA (66%) and France Télécom (34%). Since 1993, Centertel has been operating an NMT-450 network. In April 1998 it had about 250,000 customers and covered 95% of Poland’s territory. Centertel was awarded a DCS 1800 licence in September 1997. The service called "Idea" started operation in Warsaw in March 1, 1998 and covered ten main cities by the end of that year. An additional nine cities are calculated to be added by the end of 1999.

Polkomtel
This company was awarded a GSM licence on March 1996 and launched its "Plus" GSM service in October 1996. It is a consortium of the following companies: TeleDanmark (19.25%), AirTouch Intnl (19.25%), Petrochemia Plock (19.25%), KGHM Polska Miedz SA (19.5%), PSE (11,5%), Stalexport (5,5%), Weglokoks (4%), Tel-Energo (15), Telbank (0,5%), and BIG Bank Gdanski (0,5%).

Polska Telefonia Cyfrowa (PTC)
PTC was also awarded a GSM licence in March 1996. Its "Era" service became operational in September 1996. PTC is a consortium comprising the following companies: Elektrim (32.9 %), US West (22.5%), DeTe-Mobil (22.5%), BRE (5%), Kulczyk Holding (4,8%), Warta (4,1%), Polpager (4%), Elektrim Autoinvest (2,3%), and Carcom (1,9%).

The most popular form of mobile phone service is a pre-paid system provided by all the three mobile operators. There are currently over 350,000 users of the pre-paid system.

Although the mobile telephone services increase and turnover still rises, all the mobile operators reported losses at the end of 1998 mainly due to the huge level of investment.

The Ministry of Communications recently revised its lower projections and now forecasts that there will be 3 million mobile telephone subscribers in Poland by the year 2000.

2.6.4. Paging networks

Polpager, operated by TPSA , is the only nation-wide paging service. Regional and local markets are also serviced by additional paging operators, such as Telepage SA (90% Ameripol paging, 10% Merik Associates), Easy Call, and Metrobip. Uni-Net (58% Netia Holding, 38% Motorola) offer the wireless trunking services RADIO-NET.

3. International relationships and agreements

Poland has been obliged to follow the principles of the EC Treaty since the Europe Agreement came into force on 1 February 1994. The Agreement includes substantial programmes of economic, financial and cultural co-operation, with the European Union targeted at helping the CEE countries in their transition to a market economy. The Agreement also initiated programmes of alignment of national laws with EU legislation and requires the establishment of competition rules based on EU law.
The Agreement also promotes the alignment of telecommunications standards and practices with those of the EU. Poland applied for EU membership on April 5, 1994.

In February 1997 Poland signed the World Trade Organisation's Basic Telecommunications Services Agreement. Accordingly. Poland must have competitive regulatory principles in place by 1 January 1998 and open its market to international competition by 1 January 2003. In addition, Article 9 of the Polish constitution states that Poland obeys all international laws which are assigned to it.

4. Regulatory framework

4.1 Historical overview

The Polish Law on Posts and Telecommunications of 1990 was amended and consolidated in 1995. These laws and subsequent regulations provide for a progressively liberal regulatory environment yet still protect Polish interests by limiting foreign investment in long-distance and international telephone services.

4.2 Present general legislation

The Polish government currently plans on replacing the existing Law on Posts and Telecommunications, which covers both telecommunications and posts, with two separate laws for each industry. Work on restructuring the State-owned enterprise called "Polish Post" has begun in the Ministry of Post and Telecommunications. The Council of Ministers’ decision from 13 May 1997 obliged the Minister of State Treasury to conduct the TP SA privatisation.

The decree of the Minister of Posts and Telecommunications of 4 September 1997 regulates matters of technical and exploitation requirements for telecommunications equipment, lines, and networks installed and used in the territory of Republic of Poland. The passage of this Act increased the level of approximation of Polish law to the acquis communautaire with regard to the Council Directive 89/336/EEC of 3 May 1989 on the approximation of the laws of the Member States relating to electromagnetic compatibility, and other EU acts.

In 27-28 April 1998 in Brussels with participation of the European Commission the screening in the area of "Telecommunications and information technologies" took place, where the Polish law was compared with the acquis communautaire. Regarding telecommunications legislation work on approximation of Polish to EU legislation, the Minister of Posts and Telecommunications issued the 16 April 1998 decree on the modes and conditions of tendering, in order to select entities who would receive licences for telecommunications services provision together with permission for installation and use of telecommunications equipment and networks (Journal of Law No 53, poz.333). The Regulation articulates tendering procedure with regard to the Council Directive of 28 June 1990 on competition in the markets for telecommunications services (90/388/EEC with later changes).

According to the provisions of Directive (97/36/EC) the National Broadcasting Council issued a regulation concerning the introduction of an obligatory minimum share of European works for both public and private broadcasters (the Regulation of the National Broadcasting Council of 13 November 1997).

On 6 May 1998, the National Broadcasting Council adopted the Standpoint concerning the application of agreements and international law in reference to trans-frontier television. This standpoint was a response to doubts of the European Union concerning the interpretation of certain provisions relating to freedom of receiving certain television programme services, in particular, the freedom of retransmission (adaptation of Polish law to Article 2 of the Directive 97/36/EC). The Polish national law is applied taking into account the contents of international agreements. Therefore the provisions of the international agreements are directly binding and need not be reintroduced as a national law. Thus, in accordance with the law application principles, the restraint of reception or retransmission of foreign programme items which are in breach of the Polish law, but which are broadcast from a state which is a party to the respective Convention and complies with its minimum requirements, is not admissible

4.3 Key legislative measures

4.4. Issues

4.4.1 Liberalisation

Alternative infrastructure may be used to provide local voice telephony, data communications, and paging, subject to an individual licence. Cable TV companies are allowed to compete with telecommunications operators for the provision of telecommunications services. The cable TV and data communications markets are open. Value-added services companies have a foreign participation limitation of 40%.

The local voice telephony is provided on duopoly basis, i.e. TPSA and only one other operator for local telephony in each local area. There is no foreign investment limitation for local voice telephony. About 70 licences for local voice telephony have been issued. However, Polish legislation stipulates that domestic long-distance telecommunications operators must be at least 51% Polish-owned and that a majority of their board of directors citizens and residents of Poland. International carriers in Poland must be 100% Polish-owned. The above is to remain in place at least until January 1, 2003. Until then, TPSA has the monopoly of these services.

The mobile sector is competitive, with one NMT 450 licence, two GSM licences and one DCS-1800 licence granted.

4.4.2. Licensing

The Ministry of Posts and Telecommunications issues licences for telecommunications networks and services (except for services provided by TPSA). Telecommunications licences cover all of the 49 former voivodships (Polish administrative regions).

The Ministry of Posts and Telecommunications (PITIP) is in charge of monitoring licensed operators' activities, supervising their adherence to licensing conditions, and collecting fees for the use of telecommunications lines, equipment and networks.

The PITIP does not have the power to monitor or supervise the activities of TPSA, which is not licensed but operates under direct law.

The Ministry of Posts and Telecommunication issued a decree (1 April 1998) on the mode and conditions of tendering in order to select entities which could receive licences for telecommunication services provision, together with permission for installation and use of telecommunication equipment and networks.

4.4.3 Universal Service

Parts of the Poland’s population cannot afford the tariffs for telephone installation. However, the expansion of mobile voice telephony (about 1,9 million clients), relatively affordable rates and unlimited access (now 95% of territory of Poland) is a step towards universal services.

The new Telecommunication Law defines universal services package. It will be implemented with support of a special fund - Fundusz Uslug Powszechnych (Universal Service Fund), which is a directed fund independent from the national budget. The goal of the fund is to increase access to universal telecommunication services in less developed regions of Poland, especially rural areas.

4.4.4 Tariffs policies

Charges for international calls are expected to remain the same during 1999. Charges for local and regional calls within a single province will rise about 1% in July 1999, while those for long-distance calls have been reduced. One reason for rebalancing tariffs has been to restore the profitability of local networks. Also, until TPSA's tariff rebalancing is complete, the competitive market for local telephony is unlikely to attract much investment. Detailed tariffs of TPSA and other operators are published in daily presses and on Internet web sites.

4.4.5 Quality of Service

A decree on the quality of services was issued on 4 September 1997. The press announcements included quality parameters achieved by TPSA and requirements for competitive operators.

Interconnection

The Ministry of Posts and Telecommunications specifies interconnection conditions. Rules for interconnection established by Ministry Decisions include a time limit for negotiations (3 months) and an arbitration procedure supervised by the Ministry.

5. Freedom and protection

5.1 Copyright and intellectual property rights

The Polish Act on Copyright and Related Rights is compatible with most of Community law requirements.

5.2 Privacy, data protection, consumer protection

The Act of 29 September 1997 on the Protection of Personal Data, largely based on the Council Directive 95/46/EC, came into force on 29 April 1998. From that moment, entities administering over personal data are unconditionally subject to the provisions of the Act. The General Inspector for Personal Data Protection is the primary enforcer in data protection. The time limit of 18 months was implemented for adjusting existing collections of personal data to the new provisions. Collections of personal data are subject to registration under sanction of suspending their processing or the issuing of an order to destroy such collection by 29 October 1999 (except for data collections, which are released from the obligation to register by virtue of the Act). Since July 1997 there have been legislative efforts to introduce corresponding EU directives to the Polish legal system of civil and legal instruments for consumer protection.

There are also efforts to implement guidelines and recommendations of the European Committee regarding simplification of procedures of settling consumer claims and development of independent consumer organisations.

5.3 Electronic protection, legal protection and security (encryption, electronic commerce)

Over the past few years there has been an expansion of interest in e-commerce and e-banking, but the level of public interest remains comparatively low.

5.4 Freedom of expression and information

Article 5 of the Polish constitution guarantees human rights, which includes freedom of information. In addition, Article 14 ensures freedom of the press and other mass media entities, and Article 6 creates the conditions of equal access to cultural goods. All the international standards of freedom of expression and access to information are implemented and there is no censorship in Poland.

6. Information Society Policies

The Ministry of Posts and Telecommunications in co-operation with Science Research Committee (KBN) has prepared the "Objectives and Directions of Information Society Development in Poland" report, which also regards the national strategy for implementing the idea of Global Information Society. A representative of the State Committee for Scientific Research is taking part in the work of the Joint High Level Committee for the Information Society and of the ENGP (European Group for Policy Co-ordination for Academic and Industrial Research Networks). KBN, together with the Ministry of Posts and Telecommunications, have delegated their representatives for the Information Society Forum and the Industrial Round Table.

6.1 Umbrella Policies

In the accession process to the European Union, umbrella programmes give substantial support.

These programmes include the European Union Phare programme, the Action Plan of CEEC/EU Information Society, INCO-Copernicus, 4 EU RTD Framework Programme, and 5 EU RTD Framework Programme.

The Technical Assistance Information Exchange Office (TAIEX) offered its expertise in adjusting the Polish legal system to European Union recommendations.

The Phare programme is partly dedicated to telecommunication infrastructure improvement. Investment in telecommunication network developed by local competitive operators (on duopoly basis) has been supported by Phare funds. One of the Phare modules (SCI-TECH/Phare programme) managed by the Foundation for Polish Science is devoted mainly to Information Society projects (e.g. CRIT project). SCI-TECH Phare is dedicated to preparation of Polish participation in EU RTD programmes and IS programmes.

6.2 IS Application Areas

6.2.1 Government (national, regional and local)

Public administration, governmental agencies, national and regional authorities are in the process of democratisation and increasing the openness of their activities. Administrative services for citizens are provided with aid of modern telecommunication infrastructure and information systems.

6.2.2 Research and Education

At the beginning of 1995 KBN announced its new strategy for the IT Infrastructure Development Programme for Polish Scientific Communities, which covers the period up to year 2000. The Programme is now being implemented and its main directives are still vital despite the changing conditions of the telecom market, such as new emerging data network operators and Internet providers, as well as plans for telecom market deregulation to co–ordinate with the European Union. At the end of 1993 the Scientific and Academic Computer Network in Poland (NASK) was founded by KBN as an independent research and development institute responsible for network development, maintenance, and the introduction of new technologies. This has enabled the computer network to have a plain structure of financing within the state budget via KBN. Shortly thereafter, five computing centres were recognised by KBN as High Performance Computing Centres and separate financing was provided. After one year of activity NASK received their telecom operator licence from the Ministry of Post and Telecommunications. NASK continually upgrades its international links which are at present: a two mbps submarine link to Stockholm and asymmetric satellite link to Washington D.C. with 6+2 mbps to the USA and 4.5 mbps back.

Due to the rapid growth of commercial traffic it was necessary to separate the scientific and commercial parts of the network. For that reason, in 1997, NASK offered connections to a scientific corporate network. This change of network system has continued to the present. At the same time, NASK planned to upgrade their links and connect 15 Metropolitan Area Networks (MANs) with 155 Mbps. Last year, 65,000 scientists and 300,000 students from 300 scientific institutions used some 80,000 Polish IP hosts.

According to its strategy KBN aims at Internet provision for all scientific users by the year 2000. By that time also all the MANs and supercomputing centers should be connected with links of at least 2 Mbps and 34 Mbps capacity respectively.

The "Internet for Schools" Programme developed in 1996-1999 has now been extended as "School 2000/2001".

II- Ongoing developments

1. Ongoing changes in institutional structures

The Telecommunications Regulatory Authority (TRA) was established as an independent regulatory body in accordance with the planned Telecommunications Law. The draft Telecommunications Act also requires the provision of universal telecommunications services for all licensed public operators providing such services. Also, a directed fund, (the Universal Service Fund) independent from the national budget, will be established. The objective of the fund is to further develop universal services and telecommunications in areas with decreased profitability, such as rural areas. The draft law now is a subject of discussion in parliamentary commissions.

2. Ongoing changes in the regulatory framework

2.1 Telecommunication liberalisation and new fields of developments (wireless local loop, Internet)

In the last period, a rapid increase in the number of Internet subscribers has been noted, thanks to the provision of free access to the network by TPSA and other providers. According to the new draft Telecommunications Act, there will be no licences or permissions needed for the provision of these services.

2.2 New laws/measures under preparation

The draft new law described above now is a subject of discussion in parliamentary commissions. Completion of the new Telecommunications Act and Posts Act is scheduled to be completed by the end of 1999, and the two Acts will come into force by the end of 2000.

2.3 Allocation of resources (frequencies, numbering, access rights, licensing)

The Minister of Post and Telecommunications Regulation ‘’National Telephone Numbers Allocation Programme" - harmonisation with Council Directive 90/544/EEC - needs to be regulated, as there is no uniform emergency telephone number (112) and no organised services responsible for emergency communication.The preparation of legal action, taking into account regulations included in the draft Directive of EP and Council concerning protection of personal data and privacy in the context of digital telecommunications networks is required.

There needs to be approximation of the following legal acts: Telecommunications Act, and Minister of Post and Telecommunications Regulation on the general conditions of providing telecommunications services within public networks.

3. Media and telecommunication markets: privatisations, foreign investments, mergers and acquisitions, etc.

TPSA’s privatisation strategy provides for selling shares of the company via public offering. The sale’s offer is to amount up to 25% of share capital, of which 1/3 will be addressed to the domestic market and 2/3 to foreign markets (and maximum 15% of shares for employees). The ministry has chosen a consortium as advisors for the second stage of TPSA privatisation.

Further privatisation measures, including whether or not to include a strategic partner, have not yet been decided. Completion of Telekomunikacja Polska SA privatization is expected in 2001 – 2002.

The National Broadcasting Council has drawn up a draft of the Broadcasting Act Amendment (Broadcasting Act of 29 December 1992, Journal of Law January 1993 with further amendments), which was sent to the Parliament (Sejm) by the Council of Ministers in 1997. Currently, the draft Act is being discussed in the Parliament.

The basic amendments introduced by virtue of the above mentioned draft Act include:

• Adapting the Polish legal provisions to those of the Directive Concerning Television Advertising, particularly by extending those provisions protecting minors against harmful programmes to include television advertising.
• Introducing provisions regulating teleshopping.
• Statutorily delegating power to the National Broadcasting Council to introduce preferences for new European works.
• Restriction of the minimum share of domestic producers’ programmes for specialised and topic-specific programmes as well as empowering the National Broadcasting Council.

4. On-going changes on IS policies

The following are ongoing changes in IS policies:

• Improvement of the institutional and administrative infrastructure;
• Development of telecommunications infrastructure - modernisation of the Polish communications network and its incorporation into the European, international network;
• Implementation of new regional pilot programmes and participation in the programmes currently operating within the uniform market;
• Implementation of standards and certification and standardisation systems complying with the European systems in the field of special-purpose telecommunications;
• Legislative enforcement efforts in the field of certification and standardization concerning Poland’s accession to the European Union and NATO require that the problems concerning telecommunications within the territory of Poland as well as with Member States to be considered.