Poland: Closed Consultation on the Electronic Communications Law (PKE) including interoperability regulation

On 12 March 2024, the Ministry of Digitalisation closed the public consultation on the new Electronic Communications Act, which includes an interoperability regulation. The Act introduces the concept of harmonised frequencies. These are frequencies whose availability and efficient use are regulated by harmonised conditions established by a technical implementing measure pursuant to Article 4 of Decision No. 676/2002/EC of the European Parliament and of the Council of 7 March 2002 on a regulatory framework for radio spectrum policy in the European Community. Furthermore, the proposed Act introduces the possibility of alternative uses of the radio spectrum. The Office of Electronic Communication can authorise its use for other systems in the absence of demand for harmonised spectrum use as long as this does not interfere with harmonised use in other EU Member States or jeopardise the long-term benefits of harmonised use. In addition, the Act proposes distinct rules for the reservation period, depending on whether it pertains to spectrum harmonised for broadband systems or other resources. The legislation establishes the useful life for harmonised frequencies for broadband systems at 15 to 20 years and restricts the renewal option to these frequencies. The market supervisory authority will decide on renewal or reallocation to meet regulatory objectives. The legislation that implements Directive 2022/2380 states that radio equipment, including a variety of portable electronic devices, must comply with the requirements for charging interfaces and charging communication protocols. This requires the use of a harmonised charging connector, specifically the USB Type-C connector, for these devices. This is an open catalogue of devices that can be extended by delegated acts of the European Commission to promote a harmonised charging solution.