Information for beneficiaries of the Operational Programme Digital Poland (POPC)
25 November 2019
We remind the beneficiaries of the Measure 1.1 of POPC about the possibility of providing services on terms and conditions more favorable than specified in the published wholesale offer. We also remind about obligations related to wholesale access.
POPC beneficiaries may provide services on promotional terms and conditions without the assent of the President of UKE, provided that they include the general principles of introducing the promotional terms in the wholesale offer. However, amending the already approved wholesale offer by adding these principles is subject to the approval procedure.
General principles of introducing the promotional terms should:
• fall within the scope of the published wholesale offer;
• comply with the principles of equal treatment;
• replace the terms of the wholesale access contract at the will of the operator using the POPC network, assuring the right to return to the original terms and conditions;
• be temporary.
The introduction of the promotion requires a 30-day period between its announcement and the commencement of services on its terms.
The obligations related to the wholesale access are:
• publication of the accepted wholesale offer on the publicly available website. The offer shall set out all the conditions needed to conclude the contract for the provision of wholesale and retail services using POPC network,
• transmission of the results of the Margin Squeeze Test to the President of UKE by the end of June each year, together with the documentation justifying the proposed wholesale fees for 3 retail offers, the sales growth of which was the highest in the previous year,
• forwarding signed contracts regarding wholesale access on POPC networks to the President of UKE within 14 days, pursuant to the Article 24 (1) of the Act of 7 May 2010 on supporting the development of telecommunications services and networks (Journal of Laws of 2017, item 2062, with subsequent amendments).
The implementation of abovementioned obligations is necessary for the beneficiaries to fulfill their obligation to ensure equal access.
If you have any questions or concerns, contact the employees of the Broadband Projects Unit in the Department of Regulation, tel. +48 22 534 94 40 or by e-mail to firstname.lastname@example.org.