The Polish Chamber of Commercial Real Estate has been involved in the regulations contained in the so-called Mega-law (the act on supporting the development of telecommunications networks and services) with regard to telecommunications access to commercial real estate and any problems arising in this regard for Members.
One of the last activities on this topic was to address to the Ministry of Digitization questions and doubts that arise in connection with the latest amendment to the Mega-law (these changes entered into force on October 25, 2019).
In our writing (download document), we primarily raised the issue of telecommunications installations in the building as part of the property. In addition, we asked the Ministry of Digitization about the actions that should be taken by owners / managers / perpetual users after receiving applications from telecommunications undertakings for access to real estate, as well as about the doubts that arise in relation to the legal status in connection with the recent amendment to the Mega Act.
In response from July 20, 2020, the Ministry of Digitization made an attempt to dispel the doubts raised by PINK - detailed answers to the questions can be found below in the attached scan of the letter. However, the received position of the Ministry of Digital Affairs dispels some doubts appearing on the basis of the Megaustawa, however, they are generally insufficient. Importantly, however, in line with the suggestion of the Ministry of Digitization, PINK will continue to take action on this subject and cooperate with the President of the Office of Electronic Communications (UKE) as the body responsible for enforcing the application (also by owners, managers and users of perpetual commercial real estate) of the provisions of the Mega-Act and sharing buildings and telecommunications infrastructure created for telecommunications undertakings.
If there are any problems with teletechnical and telecommunications installations in your current activity - please contact PINK. Any comments / suggestions / postulates collected in this way will be used by us in our next activities.