Mega –bill, :the act on supporting the development of telecommunications services and networks goals, new possibilities, problems. 10 March 2011 r.

“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