The package of changes under the Electronic Communications Law, which is mostly implemented by EECC in the Polish legal system, consists of two projects:
draft act - Electronic Communications Law (the draft act will replace the current Telecommunications Act);
draft act - Regulations introducing the act - Electronic Communications Law, this draft introduces changes, among others in the so-called Mega-law.
The processed projects are at the stage of public consultation, which will last until 28 August 2020.
From the point of view of PINK Members, the following issues may be important:
the issue of remuneration for the access of telecommunications undertakings to teletechnical infrastructure in buildings (the proposed act provides for the introduction of such a provision, according to which even obtaining reimbursement of justified costs may be difficult);
procedural issues (regulations that oblige owners to be active, even if unjustified, are still not eliminated and put them in a disadvantageous situation towards telecommunications undertakings);
the definitions are changed so that access may also cover other infrastructure, such as roofs, which may significantly limit the right of owners and managers to dispose of these parts of the property. PINK will prepare a stand which, after consultation with PINK working teams, will be sent to the designer.
In the proposed changes to the so-called Mega-law (the Act of May 7, 2010 on supporting the development of telecommunications services and networks) it is assumed that the definition of "technical infrastructure" will be modified:
According to the project, the technical infrastructure will be any element of the infrastructure or network that can be used to place elements of the telecommunications network or telecommunications infrastructure in it or on it, without becoming an active element of this telecommunications network, such as pipelines, sewage, masts, channels , chambers, manholes, cabinets, buildings and entrances to buildings, antenna installations, antenna supporting structures, towers and poles, excluding:
cables, including optical fibers,
network elements used for the supply of water intended for human consumption,
the proposed change is aimed, in accordance with the justification, at eliminating interpretation doubts related to elements of technical infrastructure;
additionally, the new definition implements the provisions of the European Code of Electronic Communications into the Polish legal system, according to which buildings / entrances to buildings, building cabling, antennas, towers and other supporting structures, channels, cables, masts, manholes and cabinets are elements of accompanying devices related to electronic communications networks or electronic communications services that enable or support the provision of services over those networks or services.
It is also planned that the provisions on the access obligations of owners / perpetual usufructuaries / property managers should be as follows:
the owner, perpetual usufructuary, property manager will be obliged to provide the telecommunications entrepreneur with access to the property, including the building, consisting in:
allowing a high-speed telecommunications network with related resources to be brought to the access point;
enabling the supply of a high-speed telecommunications network with related resources further than to the access point, if the elements of this network together with related resources will be placed in the existing in-building technical infrastructure, and if there is no such available infrastructure, then if:
it results from the needs of the end user;
the telecommunications undertaking will provide in-building technical infrastructure adapted to the placement of additional elements of the telecommunications network and related resources also by other telecommunications undertakings;
enabling the use of the access site;
enabling the maintenance, operation, reconstruction or renovation of elements of a high-speed telecommunications network and related resources owned by this telecommunications undertaking;
enabling entry to the property, including the building, to the extent necessary to use the access
- to the extent to which it is to serve the purpose of providing broadband Internet access services with a capacity of at least 30 Mb / s, only in the building on the property;
in-building technical infrastructure will be considered unavailable, in particular when:
its owner does not negotiate with a telecommunications undertaking regarding access to this infrastructure;
its owner denies the telecommunications undertaking access to this infrastructure;
the access conditions offered to this infrastructure are discriminatory or prevent the offering of competitive conditions for the provision of services;
its use is technically not feasible.
During the working meeting of PINK with representatives of the Ministry of Digitization, the subject of the amendment to the above-mentioned regulations, as well as the currently emerging interpretation doubts on the basis of the so-called Megaustawy. PINK is currently working on the position that will be submitted in the course of public consultations.
The project is available at: https://legislacja.rcl.gov.pl/docs//2/12336502/12703309/12703310/dokument457040.pdf a przepisy wprowadzające: https://legislacja.rcl.gov.pl/docs//2/12336501/12703245/12703246/dokument457018.pdf.