Regulated access
Current reference offer on telecommunications access for the provision of radio broadcasting services and on telecommunications access for the provision of television broadcast services as amended and approved by President of Office of Electronic Communications (UKE) by decision No. DHRT.WORK.6082.2.2018.373
Emitel S.A. announces that on 16 July 2024, the decision of the President of the Office of Electronic Communications (UKE) dated 17 January 2018, No. DHRT.SMP.6040.2.2017.177 (“Decision”), was definitively repealed.
The Decision:
a) defined the relevant market as the national market for the provision of radio programme transmission services aimed at delivering radio content to end users,
b) determined that there is a telecommunications operator with significant market power in the national market for radio programme transmission services aimed at delivering radio content to end users,
c) designated Emitel S.A. as the operator with significant market power in this market,
d) imposed regulatory obligations on Emitel S.A. to ensure access to infrastructure used for the provision of radio programme transmission services aimed at delivering radio content to end users. This included the obligation under Article 34(1) and (2) of the Telecommunications Law to accommodate reasonable requests from telecommunications operators for access, including the use of infrastructure elements, networks, and associated facilities.
The definitive repeal of the Decision resulted from the judgment of the Warsaw Court of Appeal dated 16 July 2024 (case reference VII AGa 1156/23), which dismissed the appeal by the President of UKE against the judgment of the Warsaw Regional Court – the Court of Competition and Consumer Protection – dated 6 June 2023 (case reference XVII AmT 142/19). The latter judgment repealed the Decision in its entirety.
This means that Emitel S.A. is no longer subject to the aforementioned regulatory obligations in the national market for the provision of radio programme transmission services aimed at delivering radio content to end users.
By judgment of 17 September 2025, case no. VI SA/Wa 1084/24, the Voivodeship Administrative Court in Warsaw annulled the decision of the President of the Office of Electronic Communications of 31 January 2024, no. DHRT.WORK.6082.2.2018.905, issued following the consideration of the application submitted by KIKE on 25 July 2019 for the re-examination of the case concluded by the decision of the President of the Office of Electronic Communications (hereinafter: “President of UKE”) of 8 July 2019, no. DHRT.WORK.6082.2.2018.373 (hereinafter: the “Decision”), which amended and approved the amended draft reference offer for telecommunications access for the provision of radio and television transmission services (hereinafter: the “Emitel Offer”), as well as the complaints lodged by Emitel on 9 August 2019 and by PIKE on 12 August 2019 against the Decision and the preceding decision.
Pursuant to Article 152 § 1 of the Act of 30 August 2002 – Law on Proceedings before Administrative Courts (consolidated text: Journal of Laws of 2024, items 935, 1685, and of 2025, item 769), in the event of a complaint against an act or measure being upheld, such act or measure shall not produce legal effects until the judgment becomes final, unless the court decides otherwise.
Consequently, as of 17 September 2025, in the absence of a different ruling, the annulled decision is not subject to enforcement.
In its judgment of 29 July 2004, case no. OSK 591/04, ONSA WSA 2004, no. 2, item 32, the Supreme Administrative Court explained that when applying Article 152 of the Law on Proceedings before Administrative Courts, in the case of a complaint being upheld against a decision, the notion of enforceability of the decision should be understood in a broad sense, just as the concept of “execution of a decision” in Article 130 §§ 1 and 2 of the Code of Administrative Procedure has a broad meaning. The Court emphasized that the finding by the court that a decision is not subject to enforcement means that “the decision does not produce the legal effects arising from its content from the moment the judgment is issued, even if the judgment annulling the decision is not yet final.”
In view of the foregoing, until the judgment of 17 September 2025 becomes final, Emitel S.A. shall not apply the Reference Offer.
General Information
KPI Reports
Emitel S.A. publishes the current analysis of KPI performance (measures in the process of measuring the degree of implementation by Emitel S.A. of access services to the benefit of telecom companies intending to provide RTV signal transmission services to broadcasters).
Report for Q3 of 2025 for access to television infrastructure services