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1
Prague, 3 February 2015
NGA LEGISLATION IN POLAND
EXPERIENCES AND THE NEED FOR
CHANGE
2
AGENDA
1. Reasons for change
2. EU Legislation goals
3. Polish Legislation:
a) Spatial planning in telecommunications
b) Access to the telecommunications
infrastructure of local governments;
c) Access to the technical infrastructure of
public utility undertakings;
d) Access to the lands and buildings;
e) Right of way
f) Technical ducts in roads
g) Coordination of civil works;
h) Open acces to information about
infrastructure;
i) Facilitate the constraction process
3
4
The rules of broadband roll-out
are provided in
Act of 7 May 2010
on supporting development of
telecommunications services and
networks
Act of 7 May 2010 on supporting development
of telecommunications services and networks
The main objectives:
• Open access to land and buildings for the telecommunications
purposes;
• Efficient investment proccess;
• Open access to telecommunications infrastructure and other
technical infrastructure;
• Increasing local self-government units’ activity in the field of
telecommunications;
• Open access to information about infrastructure.
5
REASONS FOR CHANGE
1. Experiences of more than 4 years being in force
the Act
(cooperation between central administration, local
governments and bussinnesses – Memorandum on
Cooperation in the construction and developement
of passive broadband infrastructure)
2. EU legislation:
The Directive of 15 May 2014 on measures to reduce the
cost of deploying high-speed electronic communications
networks
6
MAIN POINTS IN EU DIRECTIVE
• Access to existing physical infrastructure
• Coordination of civil works concerning physical
infrastructure
 ensuring significant savings and
minimising inconvenience to the area affected by the
deployment of new electronic communications networks.
• single contact point procedure for permit-granting
• obligation to equip new or majorly renovated
buildings with physical infrastructure, allowing the
connection of end-users with high-speed networks
(access points)
• access to in-building physical infrastructure
• information concerning existing infrastructure and
planned civil works
7
SPATIAL PLANNING
Main legislative acts:
1. Local planning and spatial management Law
dated 27th March 2003 (O.J. 2012, 647 with
amendments);
2. Law on supporting of telecommunications
networks and services development dated
2010 (O.J. 2010 No. 106, 675 with
amendments)
8
SPATIAL PLANNING
Building of telecommunications networks
(regardless if it is finansed by public or private
entity) has the status of public utility
investments according to spatial law and real
proprty management law:
 More flexible requierments
 Simplified and quicker location procedure
9
SPATIAL PLANNING
Procedure of location of public utility
investments:
 on the basis of local spatial plan
 Investor can apply directly for building permit
 Local spatial plan can not ban location of telecommunications
infrastructure
on decision of public utility investment
location
10
SPATIAL PLANING
Decision of regional broadband networks location:
 Special procedure aimed at accelerate investments in
broadband networks and stimulate telecommunication
networks and servieces development
 Requieres agreement of public roads authority, other
sectoral authorities are issuing opinions which are not
binding for deciding authority
 Limitation of owner’s right to dispose of the property
 Suspension of other administrative procedeengs
concerning property being subject of RBN location
decision.
11
ACCESS TO THE INFRASTRUCTURE OF
LOCAL GOVERNMENT
Local government is obliged to give permission, within reason,
for:
telecommunications access;
in particular, use of network elements and associated facilities
to:
1. Telecommunications entrepreneurs;
2. Other local governments.
12
Telecomunications access
Use of telecommunications facilities, associated
facilities or services provided by another
telecommunications undertaking, under defined
conditions, for the purpose of providing
telecommunications services, including when
they are used for the delivery of services by
electronic means or broadcast content services.
(Art. 2 point 6 Telecommunications Law Act)
13
Telecommunications access consists in particular of:
a) access to network elements and associated facilities, which may involve
the connection of equipment, by fixed or non-fixed means, including
access to the local loop and to facilities and services necessary to provide
services over the local loop;
b) access to buildings and telecommunications infrastructure;
c) access to relevant software systems, including operational support
system;
d) access to number translation or systems offering equivalent functionality;
e) access to telecommunications network, in particular for roaming;
f) access to conditional access systems;
g) access to virtual network services;
h) access to information systems or database for pre-ordering, ordering,
provision of services, maintenance, fault repair, complaints and billing.
14
RULES FOR GRANTING TELECOMMUNICATIONS ACCESS
• Obligation to conclude an access agreement within 30 days
from the date of request of telecommunications
entrepreneur;
• Equal treatment for telecommunications entrepreneurs;
• Disputes between the local government and
telecommunications entrepreneur are resolved by the
President of OEC by means of an administrative decision;
• Appropriate application of the Telecommunications Law Act.
15
ACCESS TO THE TECHNICAL INFRASTRUCTURE
Public utility undertakings are obliged to:
a) provide access to their technical infrastructure;
b) grant shared use of their technical infrastructure
IF
technical conditions and safety requirements allow it.
Telecommunications entrepreneur is allowed to use
the technical infrastructure only to perform its main activity.
16
Rules for granting access to the technical infrastructure:
1. obligation to conclude an access agreement in writing;
2. obligation of the public utility undertakings to conduct
negotiations for the purpose of the conclusion of an access
agreement;
3. President of the OEC can determine the closing date of the
negotiations;
4. disputes between the public utility undertakings and
telecommunications entrepreneurs are resolved by the
President of the OEC by means of an administrative
decision;
5. President of OEC may change the content of the agreement
at a request of a party or ex officio.
17
ACCESS TO LANDS AND BUILDINGS
Obligation to provide access rests upon:
1. Owners of the lands and buildings;
2. Usufructuaries of the lands;
3. Real estate administrators;
4. Owners of the telecommunications building
installation/telecommunications connections,
who are not telecommunications entrepreneurs.
18
ACCESS TO LANDS AND BUILDINGS
The entity authorised to receive the access:
Telecommunications entrepreneur
an undertaking or another entity authorised to pursue business activities
under separate provisions and which conducts business activities
consisting in the provision of telecommunications network, associated
facilities or in the provision of telecommunications services, whereby the
telecommunications undertaking authorised to provide:
a) telecommunications services – shall be referred to as a service provider
b) public telecommunications networks or associated facilities – shall be
reffered to as an operator
(article 2 point 27 Telecommunications Law Act)
19
ACCESS TO LANDS AND BUILDINGS
The telecommunications entrepreneur may gain
access to:
 lands;
 buildings;
 places in the building in which the
telecommunications cables converge;
 telecommunications building installations/
telecommunications connections.
20
Access to lands and buildings can consist in,
in particular:
1. providing the possibility of using the existing
telecommunications connection or existing
telecommunications building installation if duplicating such
infrastructure would be
• economically unprofitable or
• technically impossible,
21
2. providing the possibility of deploying
telecommunications connection or deploying the
telecommunications building installation, when
• it is not possible to use existing telecommunications
connection or existing telecommunications building
installation or
• the building is not equipped with such installations or
telecommunications connections,
22
3. providing the possibility of reconstructing
the existing telecommunications connection
or deploying the telecommunications building
installation
• which was liquidated,
• damaged or
• required reconstruction as a result of construction works
in order to ensure telecommunications in the building
23
ACCESS TO LANDS AND BUILDINGS
Telecommunications connection
a) a section of an underground cable line, an overhead cable
line or cable duct, contained between a branch connector
and a termination point of these lines or ducts within a
building facility;
b) a wireless system connecting an internal installation of a
building facility with a node in the public
telecommunications network
- enabling the use of publicly available telecommunications
services within a building facility
(Article 2 point 27b of Telecommunications Law Act)
24
ACCESS TO LANDS AND BUILDINGS
Telecommunications building installation
elements of telecommunications infrastructure, in particular
cables and wires together with telecommunications
equipment and telecommunications devices, from the point
of connection with the public telecommunication network
(cable distribution frame) or from a radio system device to the
subscriber’s socket
(Article 2 point 8a Telecommunications Law Act)
25
ACCESS TO LANDS AND BUILDINGS
From 2013 there is an obligation to equip:
1. multi-family residential buildings;
2. collective residential buildings;
3. public utility buildings
in telecommunications building installation which consists of
at least:
a) telecommunications ducts;
b) telecommunications cables and wires, equipment;
c) broadband infrastructure - in buildings designed for education
purposes.
(Regulation of Minister of Infrastructure of 12 April 2002 on technical conditions to
be met by buildings and their location)
26
ACCESS TO LANDS AND BUILDINGS
Telecommunications building installation should:
1. enable the provision of telecommunications services, including data services via a
broadband internet access and distribution services for TV and radio, including
digital TV high definition, by different service providers;
2. ensure the compatibility and the ability to connect this installation to the public
telecommunications networks, maintaining the principle of technological
neutrality;
3. be done in a way that guarantees the possibility of replacing or installing the
appropriate items referred to in § 192c, § 192d and § 192e, as well as the
installation of additional telecommunications infrastructure, including antennas
and cables, along with telecommunications equipment and telecommunications
devices, without damaging to the structure of the building;
4. enable the connection and ensure the correct transmission of the communication
device of the radio system to the provision of telecommunications services.
(§ 192 f section 4 of Regulation of Minister of Infrastructure of 12 April 2002 on technical
conditions to be met by buildings and their location)
27
Rules for granting access to lands and buildings:
1. Owners of the lands and the buildings;
2. Usufructuaries of the lands;
3. Real estate administrators;
4. Owners of the telecommunications building installation/
telecommunications connections,
are obliged to conduct negotiations on the conclusion
of an access agreement
at the request of telecommunications entrepreneur
28
COMPETENCES OF THE PRESIDENT OF UKE
1. The President of UKE
can determine the closing date of the negotiations
• at the written request of each party or
• ex officio
provided that the time is no longer than 90 days from
the date of filing a request for the conclusion of an
access agreement to the entity obliged to enter into
these negotiations.
29
COMPETENCES OF THE PRESIDENT OF UKE
2. In case of:
a) not entering into the negotiations on the conclusion
of an access agreement;
b) refusal of an access to the lands or buildings;
c) nonconclusion of the access agreement within 30
days or until the date determined by the President
of UKE
each party has the right to fill a request
to the President of UKE
on determining conditions of the access.
30
COMPETENCES OF THE PRESIDENT OF UKE
The President of UKE issues an administrative decision
within 90 days (planned change: 60 days)
taking into consideration:
a) the interest of the telecommunications networks users;
b) obligations imposed on entities obliged to give an access and on
telecommunications entrepreneurs;
c) promotion of modern telecommunications services;
d) nature of matter of contention and the practical possibility to implement
solutions in reference to the technical and economic aspects of access
(issues suggested by parties and alternative possibilities);
e) public interest, including the environmental protection;
f) keeping the continuity of the service delivery.
31
COMPETENCES OF THE PRESIDENT OF UKE
1. The parties of the administrative proceedings are:
a) a telecommunications entrepreneur
and
b) an owner of the land or building
c) an usufructuary
d) an administrator of the real estate
e) an owner of the telecommunications building installation
to which a telecommunications entrepreneur submits the request regarding
access.
2. Decision of the President of UKE is binding for legal successors of the owner
and usufructuary and other entities which operate the land or building.
3. Telecommunications access agreement or a decision of the President
of UKE are a basis for making an entry in the land register.
32
COMPETENCES OF THE PRESIDENT OF UKE
1. The decisions of the President of UKE are subject to
a consultation procedure;
2. The decisions of the President of UKE are subject to
immediate execution (an immediate enforcement
by law);
3. The decisions of the President of UKE may be
appealed to the Court of Competition and
Consumer Protection in Warsaw within 2 weeks
from the date of receiving a notification of the
decision.
33
COMPETENCES OF THE PRESIDENT OF UKE
2. The President of UKE may,
by means of an administrative decision
a) change the content of the access agreement, or
b) oblige the parties to change the content of the
access agreement
• at a request of a party or
• ex officio
when the protection of end users’ interests is required.
34
REPAYMENT
1. Access to lands and buildings is free of charge
but
2. Telecommunications entrepreneur is obliged to refund the
costs:
a) of providing the access, in particular costs of restoring the
previous state;
b) running costs of telecommunications connections,
installations, cables;
c) of energy and of leasing the area.
35
RIGHT OF WAY
the rules of receiving such access are provided
in
1. Act of 7 May 2010 on supporting development of
telecommunications services and networks (art. 33)
2. Act of 21 August 1997 on real estate management (art. 124
and 124 a).
36
RIGHT OF WAY
Obligation to provide right of way
rests on:
1. Owners of the lands;
2. Usufructuaries of the lands;
3. Real estate administrators;
who are not telecommunications entrepreneurs.
37
RIGHT OF WAY
The entities authorised to demand right of way:
1. telecommunications entrepreneurs (operators);
2. units subordinated to Ministry of National Defence,
Ministry of the Interior, security agencies, etc.,
3. local government units conducting activities in the
telecommunications.
38
The Right of Way consists in:
• placing objects and telecommunications equipment,
• conducting cable lines,
• placing information plates and
• operating and maintaining telecommunications
objects and equipment
if
1. it does not hinder the rational use of the land and in
particular does not lead to a significant decrease in the value
of the property;
2. for purposes related the provision of telecommunications
not only in this land or building.
39
Rules of applying the Right of way:
1. obligation to enter into an access agreement within
30 days from the date of submitting a request by
telecommunications entrepreneur;
2. In case of disputes, provisions regarding
expropriating from the land are applicable (Act of
21 August 1997 on real estate management);
3. execution of the right of way is subject to a
payment (fee).
40
Rules of applying the Right of way:
1. Each party has the right to fill the request for
determining conditions of the right of way to the
competent local authority;
2. The local authority by means of an administrative
decision, gives permission for placing
telecommunications infrastructure on the lands
and conducting cables and wires;
3. The draft of the decision is agreed upon by the
President of UKE.
41
Rules of applying the Right of way:
The decision of local authority may be appealed to the
Regional Administrative Court within 30 days form
the date of its notification;
5. If the party is not satisfied with the President of
UKE’s opinion on the draft of the decision, it has the
right to:
a) request for revising the opinion and then
b)appeal to the Regional Administrative Court.
42
REPAYMENT
1. Use of land or building is subjected to payment
(fee) unless the parties agree otherwise (an
agreement) or
2. Local government shall issue an administrative
decision determining the amount of compensation
for:
a) use of the land (building) in the execution the right
of way (damages resulting form the access);
b) decline in the land (building) value .
(an opinion of the appraiser is needed)
43
THE ROAD LAW
1. Technological ducts have to be located within a right-of-way
of:
National roads;
Other public roads (subject to notification to the interested
entity within 60 days)
during construction or reconstruction of a road.
2. Road administrator is obliged to inform via its website about
an intention to construct or the reconstruct a road
(no later than 6 months prior to the submission of an application
for a building permit)
44
Rules for granting a place in technological ducts:
1. obligation to enter into an agreement within 21
days from the date of submitting a request for its
conclusion by telecommunications entrepreneur;
2. lease agreement;
3. in case of lack of the space in the technological
ducts – competition of offers;
4. Selection criteria:
 transparency;
 equal treatment;
 priority for the optic fiber
(broadband services).
45
COORDINATION OF CIVIL WORKS -
planned amendments
Obligation to coordinate civil works rests upon:
1.Public utility undertakings;
2.Local governments;
3.Telecommunications entrepreneurs
at the request of another telecommunications
entrepreneur
46
COORDINATION OF CIVIL WORKS -
planned amendments
Obligation to coordinate civil works is obligatory
under condition that:
 the civil works concerning the technical
infrastructure;
the civil works are financed in whole or in part
by public funds.
47
COORDINATION OF CIVIL WORKS -
planned amendments
The request for coordination of civil works is justified when:
1. it was made in order to construct or carry out other
works on high-speed telecommunications network,
2. it will not take into account the additional costs relating
to the originally envisaged works, including the costs of
delays caused by these works,
3. its inclusion would not hinder the control of the
coordination of these works,
4. it was made not later than 30 days before the date
when the obliged party may apply for a building permit
or notify of construction work.
48
Rules for coordination of civil works:
planned amendments
1. Obligation to conclude an agreement in writing within 30
days;
2. Obligation of the obliged parties to conduct negotiations
for the purpose of the conclusion of an agreement;
3. Disputes between the parties obliged to coordination of
civil works and telecommunications entrepreneurs are
resolved by the Minister responsible for construction in
consultation with the Minister responsible for
communications;
4. The Minister responsible for construction may change the
content of the agreement at a request of a party or ex
officio.
49
ACCESS PONTS-
planned amendments
Obligation to ensure the conditions for location
of the access points rests upon:
1.Public utility undertakings;
2.Local governments;
at the request of another telecommunications
entrepreneur
50
ACCESS POINTS –
planned amendments
Obligation to ensure the conditions for location
of the access ponts is obligatory under
condition that:
 the obliged parties conducting the civil works
concerning the technical infrastructure and
the civil works are financed in whole or in part
by public funds.
51
ACCESS PONTS –
planned amendments
The request for ensuring the conditions for location of
the access points is justified when:
1. it was made for the purpose for existing or planned
high-speed telecommunications network,
2. it will not take into account the additional costs
relating to the originally envisaged works,
3. it was made not later than 30 days before the date
when the obliged party may apply for a building
permit or may notify of construction work.
52
Rules for ensuring the conditions for
location the access points
1. Obligation to conclude an agreement in writing within 30
days;
2. Obligation of the obliged parties to conduct negotiations
for the purpose of the conclusion of an agreement;
3. Disputes between the parties obliged to ensure the
conditions for location the access points and
telecommunications entrepreneurs are resolved by the
Minister responsible for construction in consultation
with the Minister responsible for communications;
4. The Minister responsible for construction may change the
content of the agreement at a request of a party or ex
officio.
53
SINGLE INFORMATION POINT –
planned amendments
The National Information Point of Technical
Infrastructure
will be carried out by the
President of UKE (Polish NRA)
as a computer system
54
SINGLE INFORMATION POINT –
planned amendment
The Information Point will be based on the so-called -
Management module of objects and attributes that
the user (telecommunications entrepreneur) will be
able to direct the query about:
 the technical infrastructure in a particular location;
 investment plans of other entrepreneurs in order to
coordinate of civil works;
 procedures and legislation in the field of the
construction process.
55
SINGLE INFORMATION POINT –
planned amendments
1. Management Module will be supplied with data from:
 SIIS database (information on telecommunications infrastructure base,
from an annual inventory), led by President of UKE;
 National Chief Surveyor’s resource (eg. National Base of Technical
Networks (K-GESUT), integrated Topographic Objects Database (BDOT10k),
national register of basic geodetic (PRPOG), national register of
geographical names (PRNG), Integrated Information System about
Properties (ZSIN), state register borders and areas of territorial divisions of
the country (PRG), an orthophoto maps of the country);
 District surveying resources, led by executive authorities of local
government (including basic maps, Bases of Technical Networks (GESUT),
Topographic Objects Database (BDDOT500), Land and Buildings Database).
56
SINGLE INFORMATION POINT –
planned amendments
2. The management module will be also connected with the so-called
Knowledge Base from which the user will be able to get information about:
 applicable provisions of law;
 procedures required for the conduct of investment in telecommunications
infrastructure;
 the competent authorities in the construction process.
3. In the absence of the requested data in digital form (process of digitization
surveying resources is in progress), the entrepreneur will be able to turn to
the cpmpetent authority (local government) to make available materials in
analogue form (eg. basic maps);
4. In the absence of specific data on the technical infrastructure
telecommunications provider can request:
 access to such data directly from public utility companies and telecoms and
 to allow inspection of such infrastructure.
57
THE INTEGRATED PERMIT –
planned amendments
1. The integrated permit will be issued for the
construction of:
 freestanding telephone booths, telecommunication
cabinets and posts,
 telecommunication cable lines;
 ducts;
2. If the investor didn’t attached needed permits,
approvals or opinions, the building authority ask the
competent authority for a permit, agreement or
opinion, and forward a copy of the request for the
integrated permit.
58
THE INTEGRATED PERMIT –
planned amendments
3. The integrated permit shall be issued by an
executive authority in local governments’ units
(building authoritues) within 60 days.
4. Integrated permit shall include in particular:
 description of the type of the investment,
 the permit to start and conduct the construction or
carrying out other than the construction civil works
and the approval of the design documentation,
 if necessary, by other provisions, description of
conditions in the following areas:
59
THE INTEGRATED PERMIT –
planned amendments
 the protection of the environment and human health, environmental
protection and the protection of monuments,
 the operation of the technical infrastructure and communications,
 requirements for the protection of the legitimate interests of third parties,
in particular on the implementation of the work or the operation of
facilities or equipment,
 the protection of buildings in mining areas,
 the limits of the use of the property, for which the investor has not
submitted a statement about having a right to dispose of real estate for
construction purposes if not prevent the rational use of the property, in
particular, does not lead to a significant reduction in the value of
property,
 the permit to locate and build in a public road equipment and facilities
covered by the requist of the investor,
60
THE INTEGRATED PERMIT –
planned amendments
 if necessary:
 the permission for felling of trees,
 the permission under the Water Law,
 the obligation to make a reconstruction of the
existing utilities;
5. The construction ot these building objects does
not require:
 the decision on lcation the investment;
 placing in local spatial plan.
61
THANK YOU
Joanna Bąkowska
Contact:
Joanna.Bakowska@mac.gov.pl
Tel. +48 22 245 57 15
62

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NGA legislation in Poland

  • 1. 1 Prague, 3 February 2015 NGA LEGISLATION IN POLAND EXPERIENCES AND THE NEED FOR CHANGE
  • 2. 2 AGENDA 1. Reasons for change 2. EU Legislation goals 3. Polish Legislation: a) Spatial planning in telecommunications b) Access to the telecommunications infrastructure of local governments; c) Access to the technical infrastructure of public utility undertakings; d) Access to the lands and buildings;
  • 3. e) Right of way f) Technical ducts in roads g) Coordination of civil works; h) Open acces to information about infrastructure; i) Facilitate the constraction process 3
  • 4. 4 The rules of broadband roll-out are provided in Act of 7 May 2010 on supporting development of telecommunications services and networks
  • 5. Act of 7 May 2010 on supporting development of telecommunications services and networks The main objectives: • Open access to land and buildings for the telecommunications purposes; • Efficient investment proccess; • Open access to telecommunications infrastructure and other technical infrastructure; • Increasing local self-government units’ activity in the field of telecommunications; • Open access to information about infrastructure. 5
  • 6. REASONS FOR CHANGE 1. Experiences of more than 4 years being in force the Act (cooperation between central administration, local governments and bussinnesses – Memorandum on Cooperation in the construction and developement of passive broadband infrastructure) 2. EU legislation: The Directive of 15 May 2014 on measures to reduce the cost of deploying high-speed electronic communications networks 6
  • 7. MAIN POINTS IN EU DIRECTIVE • Access to existing physical infrastructure • Coordination of civil works concerning physical infrastructure  ensuring significant savings and minimising inconvenience to the area affected by the deployment of new electronic communications networks. • single contact point procedure for permit-granting • obligation to equip new or majorly renovated buildings with physical infrastructure, allowing the connection of end-users with high-speed networks (access points) • access to in-building physical infrastructure • information concerning existing infrastructure and planned civil works 7
  • 8. SPATIAL PLANNING Main legislative acts: 1. Local planning and spatial management Law dated 27th March 2003 (O.J. 2012, 647 with amendments); 2. Law on supporting of telecommunications networks and services development dated 2010 (O.J. 2010 No. 106, 675 with amendments) 8
  • 9. SPATIAL PLANNING Building of telecommunications networks (regardless if it is finansed by public or private entity) has the status of public utility investments according to spatial law and real proprty management law:  More flexible requierments  Simplified and quicker location procedure 9
  • 10. SPATIAL PLANNING Procedure of location of public utility investments:  on the basis of local spatial plan  Investor can apply directly for building permit  Local spatial plan can not ban location of telecommunications infrastructure on decision of public utility investment location 10
  • 11. SPATIAL PLANING Decision of regional broadband networks location:  Special procedure aimed at accelerate investments in broadband networks and stimulate telecommunication networks and servieces development  Requieres agreement of public roads authority, other sectoral authorities are issuing opinions which are not binding for deciding authority  Limitation of owner’s right to dispose of the property  Suspension of other administrative procedeengs concerning property being subject of RBN location decision. 11
  • 12. ACCESS TO THE INFRASTRUCTURE OF LOCAL GOVERNMENT Local government is obliged to give permission, within reason, for: telecommunications access; in particular, use of network elements and associated facilities to: 1. Telecommunications entrepreneurs; 2. Other local governments. 12
  • 13. Telecomunications access Use of telecommunications facilities, associated facilities or services provided by another telecommunications undertaking, under defined conditions, for the purpose of providing telecommunications services, including when they are used for the delivery of services by electronic means or broadcast content services. (Art. 2 point 6 Telecommunications Law Act) 13
  • 14. Telecommunications access consists in particular of: a) access to network elements and associated facilities, which may involve the connection of equipment, by fixed or non-fixed means, including access to the local loop and to facilities and services necessary to provide services over the local loop; b) access to buildings and telecommunications infrastructure; c) access to relevant software systems, including operational support system; d) access to number translation or systems offering equivalent functionality; e) access to telecommunications network, in particular for roaming; f) access to conditional access systems; g) access to virtual network services; h) access to information systems or database for pre-ordering, ordering, provision of services, maintenance, fault repair, complaints and billing. 14
  • 15. RULES FOR GRANTING TELECOMMUNICATIONS ACCESS • Obligation to conclude an access agreement within 30 days from the date of request of telecommunications entrepreneur; • Equal treatment for telecommunications entrepreneurs; • Disputes between the local government and telecommunications entrepreneur are resolved by the President of OEC by means of an administrative decision; • Appropriate application of the Telecommunications Law Act. 15
  • 16. ACCESS TO THE TECHNICAL INFRASTRUCTURE Public utility undertakings are obliged to: a) provide access to their technical infrastructure; b) grant shared use of their technical infrastructure IF technical conditions and safety requirements allow it. Telecommunications entrepreneur is allowed to use the technical infrastructure only to perform its main activity. 16
  • 17. Rules for granting access to the technical infrastructure: 1. obligation to conclude an access agreement in writing; 2. obligation of the public utility undertakings to conduct negotiations for the purpose of the conclusion of an access agreement; 3. President of the OEC can determine the closing date of the negotiations; 4. disputes between the public utility undertakings and telecommunications entrepreneurs are resolved by the President of the OEC by means of an administrative decision; 5. President of OEC may change the content of the agreement at a request of a party or ex officio. 17
  • 18. ACCESS TO LANDS AND BUILDINGS Obligation to provide access rests upon: 1. Owners of the lands and buildings; 2. Usufructuaries of the lands; 3. Real estate administrators; 4. Owners of the telecommunications building installation/telecommunications connections, who are not telecommunications entrepreneurs. 18
  • 19. ACCESS TO LANDS AND BUILDINGS The entity authorised to receive the access: Telecommunications entrepreneur an undertaking or another entity authorised to pursue business activities under separate provisions and which conducts business activities consisting in the provision of telecommunications network, associated facilities or in the provision of telecommunications services, whereby the telecommunications undertaking authorised to provide: a) telecommunications services – shall be referred to as a service provider b) public telecommunications networks or associated facilities – shall be reffered to as an operator (article 2 point 27 Telecommunications Law Act) 19
  • 20. ACCESS TO LANDS AND BUILDINGS The telecommunications entrepreneur may gain access to:  lands;  buildings;  places in the building in which the telecommunications cables converge;  telecommunications building installations/ telecommunications connections. 20
  • 21. Access to lands and buildings can consist in, in particular: 1. providing the possibility of using the existing telecommunications connection or existing telecommunications building installation if duplicating such infrastructure would be • economically unprofitable or • technically impossible, 21
  • 22. 2. providing the possibility of deploying telecommunications connection or deploying the telecommunications building installation, when • it is not possible to use existing telecommunications connection or existing telecommunications building installation or • the building is not equipped with such installations or telecommunications connections, 22
  • 23. 3. providing the possibility of reconstructing the existing telecommunications connection or deploying the telecommunications building installation • which was liquidated, • damaged or • required reconstruction as a result of construction works in order to ensure telecommunications in the building 23
  • 24. ACCESS TO LANDS AND BUILDINGS Telecommunications connection a) a section of an underground cable line, an overhead cable line or cable duct, contained between a branch connector and a termination point of these lines or ducts within a building facility; b) a wireless system connecting an internal installation of a building facility with a node in the public telecommunications network - enabling the use of publicly available telecommunications services within a building facility (Article 2 point 27b of Telecommunications Law Act) 24
  • 25. ACCESS TO LANDS AND BUILDINGS Telecommunications building installation elements of telecommunications infrastructure, in particular cables and wires together with telecommunications equipment and telecommunications devices, from the point of connection with the public telecommunication network (cable distribution frame) or from a radio system device to the subscriber’s socket (Article 2 point 8a Telecommunications Law Act) 25
  • 26. ACCESS TO LANDS AND BUILDINGS From 2013 there is an obligation to equip: 1. multi-family residential buildings; 2. collective residential buildings; 3. public utility buildings in telecommunications building installation which consists of at least: a) telecommunications ducts; b) telecommunications cables and wires, equipment; c) broadband infrastructure - in buildings designed for education purposes. (Regulation of Minister of Infrastructure of 12 April 2002 on technical conditions to be met by buildings and their location) 26
  • 27. ACCESS TO LANDS AND BUILDINGS Telecommunications building installation should: 1. enable the provision of telecommunications services, including data services via a broadband internet access and distribution services for TV and radio, including digital TV high definition, by different service providers; 2. ensure the compatibility and the ability to connect this installation to the public telecommunications networks, maintaining the principle of technological neutrality; 3. be done in a way that guarantees the possibility of replacing or installing the appropriate items referred to in § 192c, § 192d and § 192e, as well as the installation of additional telecommunications infrastructure, including antennas and cables, along with telecommunications equipment and telecommunications devices, without damaging to the structure of the building; 4. enable the connection and ensure the correct transmission of the communication device of the radio system to the provision of telecommunications services. (§ 192 f section 4 of Regulation of Minister of Infrastructure of 12 April 2002 on technical conditions to be met by buildings and their location) 27
  • 28. Rules for granting access to lands and buildings: 1. Owners of the lands and the buildings; 2. Usufructuaries of the lands; 3. Real estate administrators; 4. Owners of the telecommunications building installation/ telecommunications connections, are obliged to conduct negotiations on the conclusion of an access agreement at the request of telecommunications entrepreneur 28
  • 29. COMPETENCES OF THE PRESIDENT OF UKE 1. The President of UKE can determine the closing date of the negotiations • at the written request of each party or • ex officio provided that the time is no longer than 90 days from the date of filing a request for the conclusion of an access agreement to the entity obliged to enter into these negotiations. 29
  • 30. COMPETENCES OF THE PRESIDENT OF UKE 2. In case of: a) not entering into the negotiations on the conclusion of an access agreement; b) refusal of an access to the lands or buildings; c) nonconclusion of the access agreement within 30 days or until the date determined by the President of UKE each party has the right to fill a request to the President of UKE on determining conditions of the access. 30
  • 31. COMPETENCES OF THE PRESIDENT OF UKE The President of UKE issues an administrative decision within 90 days (planned change: 60 days) taking into consideration: a) the interest of the telecommunications networks users; b) obligations imposed on entities obliged to give an access and on telecommunications entrepreneurs; c) promotion of modern telecommunications services; d) nature of matter of contention and the practical possibility to implement solutions in reference to the technical and economic aspects of access (issues suggested by parties and alternative possibilities); e) public interest, including the environmental protection; f) keeping the continuity of the service delivery. 31
  • 32. COMPETENCES OF THE PRESIDENT OF UKE 1. The parties of the administrative proceedings are: a) a telecommunications entrepreneur and b) an owner of the land or building c) an usufructuary d) an administrator of the real estate e) an owner of the telecommunications building installation to which a telecommunications entrepreneur submits the request regarding access. 2. Decision of the President of UKE is binding for legal successors of the owner and usufructuary and other entities which operate the land or building. 3. Telecommunications access agreement or a decision of the President of UKE are a basis for making an entry in the land register. 32
  • 33. COMPETENCES OF THE PRESIDENT OF UKE 1. The decisions of the President of UKE are subject to a consultation procedure; 2. The decisions of the President of UKE are subject to immediate execution (an immediate enforcement by law); 3. The decisions of the President of UKE may be appealed to the Court of Competition and Consumer Protection in Warsaw within 2 weeks from the date of receiving a notification of the decision. 33
  • 34. COMPETENCES OF THE PRESIDENT OF UKE 2. The President of UKE may, by means of an administrative decision a) change the content of the access agreement, or b) oblige the parties to change the content of the access agreement • at a request of a party or • ex officio when the protection of end users’ interests is required. 34
  • 35. REPAYMENT 1. Access to lands and buildings is free of charge but 2. Telecommunications entrepreneur is obliged to refund the costs: a) of providing the access, in particular costs of restoring the previous state; b) running costs of telecommunications connections, installations, cables; c) of energy and of leasing the area. 35
  • 36. RIGHT OF WAY the rules of receiving such access are provided in 1. Act of 7 May 2010 on supporting development of telecommunications services and networks (art. 33) 2. Act of 21 August 1997 on real estate management (art. 124 and 124 a). 36
  • 37. RIGHT OF WAY Obligation to provide right of way rests on: 1. Owners of the lands; 2. Usufructuaries of the lands; 3. Real estate administrators; who are not telecommunications entrepreneurs. 37
  • 38. RIGHT OF WAY The entities authorised to demand right of way: 1. telecommunications entrepreneurs (operators); 2. units subordinated to Ministry of National Defence, Ministry of the Interior, security agencies, etc., 3. local government units conducting activities in the telecommunications. 38
  • 39. The Right of Way consists in: • placing objects and telecommunications equipment, • conducting cable lines, • placing information plates and • operating and maintaining telecommunications objects and equipment if 1. it does not hinder the rational use of the land and in particular does not lead to a significant decrease in the value of the property; 2. for purposes related the provision of telecommunications not only in this land or building. 39
  • 40. Rules of applying the Right of way: 1. obligation to enter into an access agreement within 30 days from the date of submitting a request by telecommunications entrepreneur; 2. In case of disputes, provisions regarding expropriating from the land are applicable (Act of 21 August 1997 on real estate management); 3. execution of the right of way is subject to a payment (fee). 40
  • 41. Rules of applying the Right of way: 1. Each party has the right to fill the request for determining conditions of the right of way to the competent local authority; 2. The local authority by means of an administrative decision, gives permission for placing telecommunications infrastructure on the lands and conducting cables and wires; 3. The draft of the decision is agreed upon by the President of UKE. 41
  • 42. Rules of applying the Right of way: The decision of local authority may be appealed to the Regional Administrative Court within 30 days form the date of its notification; 5. If the party is not satisfied with the President of UKE’s opinion on the draft of the decision, it has the right to: a) request for revising the opinion and then b)appeal to the Regional Administrative Court. 42
  • 43. REPAYMENT 1. Use of land or building is subjected to payment (fee) unless the parties agree otherwise (an agreement) or 2. Local government shall issue an administrative decision determining the amount of compensation for: a) use of the land (building) in the execution the right of way (damages resulting form the access); b) decline in the land (building) value . (an opinion of the appraiser is needed) 43
  • 44. THE ROAD LAW 1. Technological ducts have to be located within a right-of-way of: National roads; Other public roads (subject to notification to the interested entity within 60 days) during construction or reconstruction of a road. 2. Road administrator is obliged to inform via its website about an intention to construct or the reconstruct a road (no later than 6 months prior to the submission of an application for a building permit) 44
  • 45. Rules for granting a place in technological ducts: 1. obligation to enter into an agreement within 21 days from the date of submitting a request for its conclusion by telecommunications entrepreneur; 2. lease agreement; 3. in case of lack of the space in the technological ducts – competition of offers; 4. Selection criteria:  transparency;  equal treatment;  priority for the optic fiber (broadband services). 45
  • 46. COORDINATION OF CIVIL WORKS - planned amendments Obligation to coordinate civil works rests upon: 1.Public utility undertakings; 2.Local governments; 3.Telecommunications entrepreneurs at the request of another telecommunications entrepreneur 46
  • 47. COORDINATION OF CIVIL WORKS - planned amendments Obligation to coordinate civil works is obligatory under condition that:  the civil works concerning the technical infrastructure; the civil works are financed in whole or in part by public funds. 47
  • 48. COORDINATION OF CIVIL WORKS - planned amendments The request for coordination of civil works is justified when: 1. it was made in order to construct or carry out other works on high-speed telecommunications network, 2. it will not take into account the additional costs relating to the originally envisaged works, including the costs of delays caused by these works, 3. its inclusion would not hinder the control of the coordination of these works, 4. it was made not later than 30 days before the date when the obliged party may apply for a building permit or notify of construction work. 48
  • 49. Rules for coordination of civil works: planned amendments 1. Obligation to conclude an agreement in writing within 30 days; 2. Obligation of the obliged parties to conduct negotiations for the purpose of the conclusion of an agreement; 3. Disputes between the parties obliged to coordination of civil works and telecommunications entrepreneurs are resolved by the Minister responsible for construction in consultation with the Minister responsible for communications; 4. The Minister responsible for construction may change the content of the agreement at a request of a party or ex officio. 49
  • 50. ACCESS PONTS- planned amendments Obligation to ensure the conditions for location of the access points rests upon: 1.Public utility undertakings; 2.Local governments; at the request of another telecommunications entrepreneur 50
  • 51. ACCESS POINTS – planned amendments Obligation to ensure the conditions for location of the access ponts is obligatory under condition that:  the obliged parties conducting the civil works concerning the technical infrastructure and the civil works are financed in whole or in part by public funds. 51
  • 52. ACCESS PONTS – planned amendments The request for ensuring the conditions for location of the access points is justified when: 1. it was made for the purpose for existing or planned high-speed telecommunications network, 2. it will not take into account the additional costs relating to the originally envisaged works, 3. it was made not later than 30 days before the date when the obliged party may apply for a building permit or may notify of construction work. 52
  • 53. Rules for ensuring the conditions for location the access points 1. Obligation to conclude an agreement in writing within 30 days; 2. Obligation of the obliged parties to conduct negotiations for the purpose of the conclusion of an agreement; 3. Disputes between the parties obliged to ensure the conditions for location the access points and telecommunications entrepreneurs are resolved by the Minister responsible for construction in consultation with the Minister responsible for communications; 4. The Minister responsible for construction may change the content of the agreement at a request of a party or ex officio. 53
  • 54. SINGLE INFORMATION POINT – planned amendments The National Information Point of Technical Infrastructure will be carried out by the President of UKE (Polish NRA) as a computer system 54
  • 55. SINGLE INFORMATION POINT – planned amendment The Information Point will be based on the so-called - Management module of objects and attributes that the user (telecommunications entrepreneur) will be able to direct the query about:  the technical infrastructure in a particular location;  investment plans of other entrepreneurs in order to coordinate of civil works;  procedures and legislation in the field of the construction process. 55
  • 56. SINGLE INFORMATION POINT – planned amendments 1. Management Module will be supplied with data from:  SIIS database (information on telecommunications infrastructure base, from an annual inventory), led by President of UKE;  National Chief Surveyor’s resource (eg. National Base of Technical Networks (K-GESUT), integrated Topographic Objects Database (BDOT10k), national register of basic geodetic (PRPOG), national register of geographical names (PRNG), Integrated Information System about Properties (ZSIN), state register borders and areas of territorial divisions of the country (PRG), an orthophoto maps of the country);  District surveying resources, led by executive authorities of local government (including basic maps, Bases of Technical Networks (GESUT), Topographic Objects Database (BDDOT500), Land and Buildings Database). 56
  • 57. SINGLE INFORMATION POINT – planned amendments 2. The management module will be also connected with the so-called Knowledge Base from which the user will be able to get information about:  applicable provisions of law;  procedures required for the conduct of investment in telecommunications infrastructure;  the competent authorities in the construction process. 3. In the absence of the requested data in digital form (process of digitization surveying resources is in progress), the entrepreneur will be able to turn to the cpmpetent authority (local government) to make available materials in analogue form (eg. basic maps); 4. In the absence of specific data on the technical infrastructure telecommunications provider can request:  access to such data directly from public utility companies and telecoms and  to allow inspection of such infrastructure. 57
  • 58. THE INTEGRATED PERMIT – planned amendments 1. The integrated permit will be issued for the construction of:  freestanding telephone booths, telecommunication cabinets and posts,  telecommunication cable lines;  ducts; 2. If the investor didn’t attached needed permits, approvals or opinions, the building authority ask the competent authority for a permit, agreement or opinion, and forward a copy of the request for the integrated permit. 58
  • 59. THE INTEGRATED PERMIT – planned amendments 3. The integrated permit shall be issued by an executive authority in local governments’ units (building authoritues) within 60 days. 4. Integrated permit shall include in particular:  description of the type of the investment,  the permit to start and conduct the construction or carrying out other than the construction civil works and the approval of the design documentation,  if necessary, by other provisions, description of conditions in the following areas: 59
  • 60. THE INTEGRATED PERMIT – planned amendments  the protection of the environment and human health, environmental protection and the protection of monuments,  the operation of the technical infrastructure and communications,  requirements for the protection of the legitimate interests of third parties, in particular on the implementation of the work or the operation of facilities or equipment,  the protection of buildings in mining areas,  the limits of the use of the property, for which the investor has not submitted a statement about having a right to dispose of real estate for construction purposes if not prevent the rational use of the property, in particular, does not lead to a significant reduction in the value of property,  the permit to locate and build in a public road equipment and facilities covered by the requist of the investor, 60
  • 61. THE INTEGRATED PERMIT – planned amendments  if necessary:  the permission for felling of trees,  the permission under the Water Law,  the obligation to make a reconstruction of the existing utilities; 5. The construction ot these building objects does not require:  the decision on lcation the investment;  placing in local spatial plan. 61