NATIONAL TECHNOLOGY POLICY FOR POLAND

The actual Technology Policy in Poland is as sophisticated as the body designed to create, implement, and append it. This section of the IT landscape analysis outlines the guiding principles in regard to information technology within the country, and describes the particulars of each policy that makes up the collective Technology Policy. This section also defines the nature of the decision making process, and provides an overview of the contributors to the national policy.

RECENT HISTORY

1994. Poland has been preparing for accession into the European Union (EU) since 1992. Since Poland submitted their application for membership into the EU in 1994, the Telecommunications Industry has inched away from censorship of technology-infrastructure and resources, governed and owned by the government, toward a policy of liberalization and privatization, governed by the Office of Telecommunications and Post Regulation (an office within the Ministry of Infrastructure) and owned by private companies.

1997. The science and technology development sector in 1997 started the pre-accession process by examining the transformation, budget, and development of their research and design structure. By the end of 1997 the European Commission concluded that Polish Policy for the sector since 1990 had failed to deliver the degree of expansion in the basic public infrastructure that had been achieved in some other applicant countries. This had been caused by insufficient de-monopolization and privatization that had resulted in poor investment and service performance. They further concluded that recently taken pre-competitive policy measures for licensing and interconnection of local network operators would need to be substantially strengthened if Poland were to show compliance with the acquis and to achieve its undoubted potential in the medium term.

1998. Initial requirements of the acquis communautaire, the outline defining the guidelines of accession into the EU, and policy adopted by Poland (as determined by the polish Negotiating Team of EU accession) included:

1. Liberalization - Poland must comply with the acquis communautaire the rules of access to public international telecommunication, telephone and telegraph services and the installation of and operation of international telecommunication network by the year 2002. Poland will also remove the present restrictions on entities from the EU investing in Poland, to allow them to provide telecommunications infrastructure by December 31, 2002.
2. Open Network Principles - Poland will regulate the rules of access to telecommunications infrastructure for operators and the formula for fixing rates based on costs for inter-operator connections, as well as the functioning of the body regulating the above issues at the time the "Telecommunications Law" comes into effect (i.e., by the year 2000).
3. Universal Service - Poland will achieve full conformity with the acquis as regards the rules of universal telecommunications service at the time when the "Telecommunications Law" comes into force. Regardless of the fast development in recent years, universal service, in particular in rural areas, is still under the level attained by the countries of the European Union. It is likely that, even with the expected big investments in these areas, the attainment of a level of universal service similar to that of the European Union countries will still take several years. The planned establishment of a Universal Service Fund will facilitate the solution of that problem.
4. Licensing - As regards the principles of licensing telecommunication services, Poland will be able to achieve full conformity with the acquis by December 31, 2002.
5. Satellite and Mobile Telecommunications - By the end of 2002, Poland will remove the existing barriers preventing full access to existing frequency bands (890-915 MHz, 935-960 MHz) for mobile telecommunications (mainly for GSM systems), with reservations regarding some of the above-mentioned frequency bands in some border regions (the border with Russia, Lithuania, Belarus, the Ukraine, Slovakia). As concerns these border regions, Poland and neighboring countries are party to international agreements (International Telecommunications Union) regarding the use of certain ranges included in the above-mentioned frequency bands for the purposes of their respective armies. The accessibility of the above-mentioned frequency ranges to civil telecommunications could create a threat to the safety of foreign army personnel; as a consequence it also raises the problem of recognizing the type conformity of certain telecommunications facilities designated for installation in that region. In order to resolve these problems a decision may need to be taken in the forum of the ITU concerning International Tables of Frequency Designation, with reservations.
6. Recognition of Conformity - Poland will achieve full conformity with the acquis as regards the principles of recognizing conformity by December 31, 2002, with the exception of issues connected with use of frequency bands in some border regions (see point 5).
7. Market in Postal Services - Poland will achieve full conformity in the implementation of the acquis as regards the provision of postal services by December 31, 2002.
8. Information Technology - Poland accepts in full the acquis concerning that area, and declares its interest in participating in the development of information technology defined at the III Forum of Information Society and wishes to cooperate with the European Union while implementing the idea of a global information society. (1)

2000. The passage of the telecommunications act of 2000, a regulatory reform that opens up the state monopoly over telecommunications by providing licensing with non-discriminatory access to the public network resources, facilitates liberalization and privatization, and preserves competition. This policy also encourages technological advances through research and design efforts, and increases through open markets.

One of the key elements introduced by this law is the regulation of the telecommunications sector performed by the Chairman of the Telecommunications Regulatory Authority (URT). The URT was established in the year 2000. The URT Chairman took over the licensing competencies from the Minister of Telecommunications (as of January 1, 2002). However, the licensing regime has been significantly relaxed. Under the new law only the operation of a public telephone network and radio and TV broadcasting networks requires a license. On Aril 1, 2002 the URT was transformed into the Telecommunications and Post Regulatory Authority (URTiP). (2)

TODAY (2001-2002)

Topology of Governing Bodies

In October 2001 responsibility for telecommunications was shifted from the Ministry of Economy to the Ministry of Infrastructure. As previously mentioned, since April 1, 2002 the responsibilities of telecommunications industry now resides with URTiP. URTiP is composed of the following units: President's Bureau, Department of the Telecommunications Market, Department of the Postal Market, Department of Frequency Resources Management, Department of Telecommunications Technology, Monitoring Department, Department of Defense Affairs, Legal Department, Department of Finance and Budget, International department, Department of Administration, IT and Personnel, Classified Information Protection Unit, and an Internal Audit Unit. Together these departments carry out, on the President's behalf, the following duties:

· Investigate authorization and conduct
· Facilitate issuance of permits
· Consider subscriber complaints
· Supervise compliance
· Monitor services
· Cooperate with protection agencies
· Monitor development
· Enforce obligations

This is just the beginning of a very complex system though. For instance, URTiP is broken down into 16 regional offices settled in province cities across the nation. URTiP also has many influencing bodies. An example is the Telecommunications Council who acts on a consultative and advisory basis to the President of URTiP. This Telecommunications Council is made up of 15 persons selected by the President of the Council of Ministers. URTiP is obliged to cooperate with other Polish administrative bodies as well, including the Office of Competition and Consumer Protection, the National Broadcasting Council, and other administrative institutions.

URTiP is also responsible for cooperation with foreign authorities and international telecommunications organizations independent of other Polish government agencies. URTiP, for example, coordinates with international satellite organizations such as EUTELSAT and INTELSAT. They also negotiate processes and adjustments of the EU requirements with European Institutions and other national regulatory authorities.

Economic Development

The Joint Assessment of Medium-term Economic Policy Priorities proposed in the Accession Partnership with the European Commission is the new means by which macroeconomic developments will be monitored. This document declares that the government's main priorities are to continue reforms and structural changes, and maintain macroeconomic balance. One key to this document is the continued privatization and restructuring of state owned entities like the TELEKOMUNIKACJA POLSKA (TPSA).

Government

The government in Poland is developing policies and a plan for the implementation of e-government. Officials hope to implement such initiatives "in the existing governmental infrastructure with a minimal impact on the existing procedures on the level of central, regional and local organizations. Their goal is to allow civilian and businesses to have an efficient and friendly way to fulfill a number of tasks required by the government including:
1. Information: Retrieving or transmitting online information in respect to certain public services.
2. Interaction: Downloading of forms from the government to the civilian/business upon request by the latter.
3. Two-way Interaction: Completion of the forms requested by the civilian/business and submission of the forms to the governmental institutions.
4. Transactions: After submission of a handling (completed document) finalize the total activity by talking the decision to make a payment (electronic payment by credit card or other means)." (3)

Pipes & General Infrastructure

Policy states that by the end of 2002, the number of Internet connections will rise to over 1.5 million. By the end of 2005 the intention is to establish access to the Internet through fixed lines by more than 25% of all connections. (4) Deterrents to achieving goals faster include the lack of revenue sharing agreements among telecommunications operators and suppliers of Internet services.

Foreign Direct Investment

Poland's Foreign Investment Law of June 14th 1991 (Law Journal 60/253) liberalized foreign investment by ending approval requirements for establishing new companies and by lifting restrictions on transferring profits. However, tax breaks formerly available for investments in certain industries, in regions of high structural unemployment and in special free zones either have been abolished totally or have become more limited since the start of 2001. Foreign investment has come from more than 70 countries, and the most popular investment sector is telecommunications. One of the country's major attractions is that, with a population approaching 40m, it is the largest consumer market in Central and Eastern Europe. (5)

The Polish Agency for Foreign Investment confirms high concentration of capital in foreign direct investment. At the end of 2001, the top 5 countries accounted for almost 63% of total direct foreign investments in Poland. The Polish economy, and the Technology Industries, welcome additional investments to assist Poland in continued growth and maximized efficiency.

Liberalization

Local telecommunications services became fully liberalized in January of 2002. Also, from January of 2002, long distance telecommunications operators need no longer apply for licenses but can operate after authorization of URTiP. The newer version of this office was established in March 2002, and has become the National Regulatory Authority in Poland for telecommunications (and postal services).

Poland in the past several years has made significant progress in aligning with the acquis and liberalizing its market. The level of alignment is generally high and administrative capacity is good. As of May 2002 Poland has not requested any transitional arrangements in the telecommunications sector, and has generally met the commitments in the accession negotiations in this area. Poland will continue to liberalize its markets, particularly its telecommunications market, especially throughout accession to the EU.

Growth

Poland has promoted growth throughout the years through its policies on de-monopolization and privatization, and by encouraging foreign direct investment. Poland vows to continue these policies in regard to telecommunications with the intent of the following:

1. To standardize access to Internet services
2. To oblige a commitment to create and maintain an information infrastructure
3. To develop the public information system to cover all federal and state agencies of local government
4. To provide access to all citizens, federal and state agency's, and public institution's information
5. To provide country and world-wide access to electronic data

Competitiveness

The Ministry of Infrastructure and the URTiP focus much of their efforts on de-monopolizing the telecommunications market to make it EU-compatible. Immense progress has been made to that effort. According to the UNIDO document, How To Do Business in Poland, "TPSA has local competitors everywhere now. Moreover, TPSA already has three competitors on the long-distance calls market, [as the] local and long distance markets are fully liberalized - no license is required." (6) Poland will continue to promote policies of liberalization and privatization.

Research & Design

Aside from military research and design, KBN supports all budgeting for R&D in Poland. The KBN replaced the Polish Academy of Sciences as the chief decision-making body in Polish Science and technology policy. KBN declares all of the science and technology R&D policies of today. A lot of this attention is aimed toward the creation of an information society as a means for economic growth, employment creation, and social cohesion. The U.S. Department of Commerce acknowledges that the KBN has developed new regulations and funding mechanisms to support innovation, especially in information technology. infrastructure and software.

Key Programs

In September 2001, the Council of Ministers adopted "ePoland," an action plan on Information Society Development in Poland for the years 2001 through 2006, which follows the approach of the eEurope+ action plan and is updated annually.

Poland has taken part in, for several years now, The Community Framework Programme of Research and Technological Development and Presentation, whereby the European Commission encourages countries of Central and Eastern Europe to participate in all specific programs and to benefit from co-financing of and related to Science and Technology R&D.

KBN and URTiP are working to implement the 'Aims and Directions of Information Society in Poland' plan. This initiative acts as a background for the implementation measures needed to advance the Information Society in Poland. In the near future, an Information Society Office is to be created. It will merge activities of the IT Systems Department of the State Committee for Scientific Research, FEMIRCs, the Polish Chamber of Informatics and Telecommunications, and the National Contact Point for the Fifth Framework Programme. (7)

Poland is also participating in the PIONIER (Polish Optical Internet) Program, whereby "national and local government bodies and companies that focus on ICT applications and the creation and modernization of the infrastructure implement such technologies." (8) Within this program, the consortium covers computational sciences, management of environmental resources and telemedicine, Internet-based training, and tele-education.

Another program in which Poland participates is the Cities on Internet conference, "which begun as a meeting of self-government representatives interested in innovative technologies, today is a platform for exchange of information and experiences for representatives of all walks of life interested in development of Information Society. Their postulates formulated every year added to national discussions, and documents created at the conference passed on hands of Chancellor of the Parliament had influenced opinions formulated during II Congress of Polish Informatics and in resolutions concerning building bases for society adopted by Polish Parliament. Recent example can be partaking of conference participants in creation of two acts: "Act of public information access" and "Act of electronic signature"." (9)

Education

As mentioned previously, the ePoland initiative is the forefront of technology policy. This initiative entails changes in the education system. It encompasses new teaching techniques, programs to equip schools with computers, and teacher and librarian training. It also discusses and defines rules of teaching applications, development of education and remote learning systems, acquiring of communication technologies, and the development of communication-related occupations. The government has implemented an educational/technology policy that will:

1. Guarantee the right to have an access to Internet for each student and impose onto the schools the obligation to execute that right
2. Create the system of permanent education for the citizens in the filed of application and potential of the Public Information System

Cooperation

Poland has several entities assisting in cooperation policies within the IT sector. Two of the main bodies include UNIDO and Hi-Tech Co., Ltd. In regard to technology policy, UNIDO Investment and Technology Promotion Office has a mandate to identify and gather information on Polish companies interested in investment and technological cooperation with foreign partners. Hi-Tech Co., Ltd is a private company promoting advanced technologies both nationally and internationally in cooperation with various government agencies. They facilitate technology transfer policies by organizing technology fairs, disseminating technologies provided by the Polish R&D sector, and aid in transfer of technology from research to industry and assist Polish partners in EU projects.

SOURCES

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