Post on 27-Mar-2015
“Mega –bill”, :the act on supporting the development of telecommunications services and networks
goals, new possibilities, problems.
10 March 2011 r.
Agenda
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•Way forward•Goals•Mega-Bill
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Way forward
Investment barriers
Placement of the Investments:– lack of the local spatial development plan– unnecessary additional prohibitions
Construction Stage:– protraction of proceedings– limited list of activities exempt from receiving the construction
permit or not clearly stated exceptions
Others:– access and the right-of-way– Taxation on the cable lines and cable savage systems– not adequately included the telecommunication networks due the
course of planning, constructing and modernization of the road systems
– High costs concerning the occupation of the road pass 4
Aloaction of the EU funds for 2007-2013
Total: 5,6 mld PLN
3 395 mln PLN 1 406 mln PLN 772 mln PLN
EU FUNDS namely EU activity 8.3 EU activity 8.4.
RPO & PO RPW POIG POIG
34% 0% 17% 15%
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28 tys. km optical fiber networks
3,5 tys. backbone networks
28 tys. km optical fiber networks
3,5 tys. backbone networks
Źródło: UKE, maj 2010 r. i raporty MRR, listopad 2010 r.
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Goals
Strategies:
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Stabilization and development plan- strengthening of the Polish Administration in terms of world financial
crises
Stabilization and development plan- strengthening of the Polish Administration in terms of world financial
crises
Strategies for the development of the information society until 2013
Strategies for the development of the information society until 2013
2030 2030Poland 2030
Europe 2020 – Digital Agenda
Poland 2030
Europe 2020 – Digital Agenda
Declaration of other EU MS
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France until 2012 Internet access at speed 512kb/s for all households
GermanyUntil 2014 75% of the population with the Internet access at speed 50 Mb/s
Great Britainuntil 2012 access to the
internet for all citizens at the speed of 2 Mb/s
Finland consideration of approving the universal service at the speed of 100 Mb/s
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The Act of 7 May 2010 on supporting the development of telecommunications
services and networks
Main objective of the bill:
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Telecommunication connections and right of wayTelecommunication connections and right of way
Efficient investment process
Open access to the infrastructure and competition among the operators
Open access to the infrastructure and competition among the operators
Initiation of the active local self-governments
Open access to the information concerning the infrastructure and others connected activities
Open access to the information concerning the infrastructure and others connected activities
Initiation of the activity performed by the local self governments
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Performing telecommunication activity as a public utility own functions of a local
self-government unit
Performing telecommunication activity as a public utility own functions of a local
self-government unit
Activities responsible for stimulation or combining the demand of the users for
services in particular connected to education and human-capacity building
Activities responsible for stimulation or combining the demand of the users for
services in particular connected to education and human-capacity building
Opinion of the President of NRA
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The self-government may before undertaking the telecommunication activity request an opinion of the
President of NRA
The self-government may before undertaking the telecommunication activity request an opinion of the
President of NRA
Detailed application = precise opinionPositive opinion when:• the activity is needed
• investment concerns the passive networks• retail services on the areas not in the interests of the other telecommunication service providers•unlimited performance for own entities
Detailed application = precise opinionPositive opinion when:• the activity is needed
• investment concerns the passive networks• retail services on the areas not in the interests of the other telecommunication service providers•unlimited performance for own entities
3 m
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Local self-government (LS-G)– private investors
Telecommunication accessTelecommunication access
Access to the infrastructure and co-financingIf of the economic situation the performance of the telecommunication
activity is not financial affordable
Access to the infrastructure and co-financingIf of the economic situation the performance of the telecommunication
activity is not financial affordable
co- finance the costs of performance of the activity
Access the telecommunication infrastructure or networks for the lower costs then the generation
costs
LS-G may
Obligation to comply the justified requests
LS-G - P.I. P.I.- LS-G
Obligation to comply the justified requests
The role of the entities performing the public utility tasks
Technical infrastructure =
synergy in terms of infrastructure
Technical infrastructure =
synergy in terms of infrastructure
Previous experiences= synergy in terms of the performed construction
works
Previous experiences= synergy in terms of the performed construction
works
Energy enterpriseEnergy enterprise
Water-Savage Enterprise
Environmental protection and the principles of town planningEnvironmental protection and the principles of town planning
Enlarging the supply for the telecommunication infrastructureEnlarging the supply for the telecommunication infrastructure
Lower costs, less time for the building the infrastructureLower costs, less time for the building the infrastructure
Inventory of the infrastructure…
Inventory:
-performed by the President of the NRA,
- in the electronic format,
-reliable collection of data concerning the existing telecommunication infrastructure as well as information concerning the public telecommunication networks.
Inventory:
-performed by the President of the NRA,
- in the electronic format,
-reliable collection of data concerning the existing telecommunication infrastructure as well as information concerning the public telecommunication networks.
Access to the buildings
miejsca w budynku, w którym zbiegają się Access to the building…Access to the building…
…cable systems…
…telecommunication cable.…telecommunication cable.
Right of way
Owner, perpetual lessee or administrator of a real property
are obliged to enable the operators and the other entities and the LS-G
Placement on the property of the telecommunication equipment and the
exploring of the infrastructure and maintenance if it does not interrupt in any way the standard and rational use of the property
Owner, perpetual lessee or administrator of a real property
are obliged to enable the operators and the other entities and the LS-G
Placement on the property of the telecommunication equipment and the
exploring of the infrastructure and maintenance if it does not interrupt in any way the standard and rational use of the property
Separate ownership of the optical fiber
Optical Fiber placed in an optical cable and being part of a telecommunications network
may constitute a separate ownership title and a separate subject of other property right, within
the meaning of the Civil Code.
Optical Fiber placed in an optical cable and being part of a telecommunications network
may constitute a separate ownership title and a separate subject of other property right, within
the meaning of the Civil Code.
•Telecommunication wires other then optical fiber;• Set of savage tubes placed one by one;•Telecommunication wires other then optical fiber;• Set of savage tubes placed one by one;
The above mentioned rule applies accordingly to :
Local spatial development plan…
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Ta zasada ma zastosowanie również do planów obowiązujących w dniu wejścia w życie ustawy w terminie 12 miesięcy od dnia wejścia w życie ustawy.
…may not establish any prohibitions and solutions adopted therein cannot hinder the
location of public purpose investments, if such an investment complies with separate
regulations.
…may not establish any prohibitions and solutions adopted therein cannot hinder the
location of public purpose investments, if such an investment complies with separate
regulations.
•The rule applies also to the local spatial development plans existing before the Mega-Bill•The local spatial development plans in line with the Mega-Bill shall be adjust within 12 months
•The rule applies also to the local spatial development plans existing before the Mega-Bill•The local spatial development plans in line with the Mega-Bill shall be adjust within 12 months
Localization of the public purpose investments within the framework of public communication…….
…is acceptable- if it not violate with the rules covered in the spatial plan
Designation of the land for the purposes of the activity in the field of:•production•agricultural•forestry•multi- family dwelling•service does not violate with the public purpose investments within the framework of public communication
Designation of the land for the purposes of single detached dwelling is not contrary to the location of telecommunications infrastructure of insignificant influence
Other simplifications concerning the investment process
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No need for the construction permit:building: cable lines, savage linesinstalation: equipment in the construction buildings,telecommunication cables in the savage cables system
Infrastructure concerning the irrelevant impactInfrastructure concerning the irrelevant impact
Appelence against the President's of the NRA decision concerning the localization of the local
special development plan
Appelence against the President's of the NRA decision concerning the localization of the local
special development plan
Construction ActConstruction Act
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Regional broadband network…
Network developed by…Network developed by…
…local self governments or their associations or unions
throughout regional programs(RPO i PO RPW) as a public utility investment
In accordance to the Act on public trading in securities
…local self governments or their associations or unions
throughout regional programs(RPO i PO RPW) as a public utility investment
In accordance to the Act on public trading in securities
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14days
90 days
Rules concerning the location of the regional
broadband networks
Single request to the voivode
Appealproceeding
Notification concerning initiation of the proceeding
Decision of the voivode
Concerning the specification of a regional broadband network
Permit concerning the establishment of the regional broadband network
Permit concerning the establishment of the regional broadband networks is issued by an
regionally appropriate voivode
The permit can concern part or the total investment
Permit concerning the establishment of the regional broadband networks is issued by an
regionally appropriate voivode
The permit can concern part or the total investment
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Regional broadband network…
…local self governments or their associations or unions
throughout regional programs(RPO i PO RPW) as a public utility investment
In accordance to the Act on public trading in securities
…local self governments or their associations or unions
throughout regional programs(RPO i PO RPW) as a public utility investment
In accordance to the Act on public trading in securities
The new openings for locating of the telecommunications investments
Public roadsPublic roads
placement: Telecommunication infrastructure
Other equipments
Loaction of the technological channels