The issue of radio and television fees paid by households is relatively attractive to the media, and therefore obligations arising from these relationships are well known. Nevertheless, the obligation to pay the television fee also applies to entrepreneurs. It is necessary to distinguish between the legal regime which applies to traders who merely “use” a television receiver, and the legal regime which applies to traders who manufacture, repair or sell television receivers. Below we shall focus on the issue of ownership, possession and use of a television receiver by entrepreneurs within the meaning of Act No. 348/2005 Coll., on Radio and Television Fees (hereinafter referred to as the “Act”).

Generally, it may be stated at the outset that the television fee is paid for a television receiver. The Act defines a television receiver in Section 2(2) of the Act as a device technically capable of individually selectable reproduction of television broadcasting regardless of the method of reception. A television receiver is therefore a television, whether with an analogue or digital tuner, but also, for example, a computer with an integrated television card or a projector which corresponds to the above-mentioned statutory definition. It is therefore irrelevant for what purpose the television receiver is used (e.g. for watching television broadcasting, for playing DVDs, as a monitor for a camera system, etc.), the obligation to pay the television fee is determined by the device as such. The television fee is not connected with watching programmes of Czech Television and even in the case of watching programmes of commercial or foreign television stations, the obligation to pay the television fee arises.

The fee obligation lies with the payer, who is defined in the provision of Section 3 of the Act as a natural or legal person who owns a television receiver. If a television receiver is held or, for another legal reason, used for at least one month by a natural person or legal person who is not its owner, that person is the payer.

The above applies equally to entrepreneurs (including legal persons) and to natural persons not engaged in business. However, the Act stipulates a different basis for fees for entrepreneurs. A payer who is a natural person who is an entrepreneur pays the television fee for each television receiver which he uses for business or in connection therewith. A payer who is a legal person pays the television fee for each television receiver. In the case of a natural person engaged in business, the fee obligation relates only to television receivers which he uses for business or in connection therewith, whereas a legal person has the obligation to pay for each television receiver upon acquisition.

However, the Act stipulates an exception to the above, namely for entrepreneurs who, within the framework of their business activity, manufacture, repair or sell television receivers. These persons have the obligation to pay the television fee for each place of business designated for this activity. The aforementioned exception is interpreted by Czech Television in such a way that an entrepreneur who, for example, sells television receivers and at the same time uses television receivers, is obliged to pay the television fee for places of business designated for sale and at the same time also for each television receiver which he uses (or, in the case of a legal person, owns) and does not fall under the regime of sale.

In conclusion, we note that the television fee is paid to Czech Television. The payer has the obligation to notify Czech Television that he has become a payer, within 15 days of the day on which he became one. The television fee is not included either in the fee to companies mediating television broadcasting or in the fee to collective administrators of copyright.

This text was translated from Czech to English using an AI translator.