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“ Mega –bill” , : the act on supporting the development of telecommunications services and networks goals , n ew possibilities , pro blems. 10 March 2011 r. Agenda. Way forward Goals Mega-Bill. Way forward. Investment barriers. Placement of the Investments:

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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
Agenda

  • Way forward

  • Goals

  • Mega-Bill



Investment barriers
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


Alo action of the eu funds for 2007 2013
Aloaction of the EU funds for 2007-2013

28 tys. km optical fiber networks

3,5 tys. backbone networks

Źródło: UKE, maj 2010 r. i raporty MRR, listopad 2010 r.

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%

5



Strateg ies
Strategies:

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

2030

Poland 2030

Europe 2020 – Digital Agenda


De claration of other eu ms
Declaration of other EU MS

France

until 2012 Internet access at speed 512kb/s for all households

Great Britain

until 2012 access to the internet for all citizens at the speed of 2 Mb/s

Germany

Until 2014

75% of the population with the Internet access at speed 50 Mb/s

Finland

consideration of approving the universal service at the speed of 100 Mb/s


10 march 2011 r

The Act of 7 May 2010 on supporting the development of telecommunications services and networks


Main objective of the bill
Main objective of the bill: telecommunications services and networks

Telecommunication connections and right of way

Efficient investment process

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


Initiation of the activity performed by the local self governments
Initiation of the activity performed by the local self governments

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


Opinion of the president of nra
Opinion of the President of NRA governments

The self-government may before undertaking the telecommunication activity request an opinion of the President of NRA

  • Detailed application = precise opinion

  • Positive 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


10 march 2011 r

Local self-government (LS-G)– governmentsprivate investors

Telecommunication access

LS-G - P.I.

P.I.- LS-G

Obligation to comply

the justified requests

Obligation to comply

the justified requests

Access to the infrastructure and co-financing

If of the economic situation the performance of the telecommunication activity is not financial affordable

Access the telecommunication infrastructure or networks for the lower costs then the generation costs

LS-G may

co- finance the costs of performance of the activity

13


The role of the entities performing the public utility tasks
The role of the entities performing the public utility tasks governments

Energy enterprise

Water-Savage Enterprise

  • Previous experiences

  • = synergy in terms of the performed construction works

Technical infrastructure= synergy in terms of infrastructure

Lower costs, less time for the building the infrastructure

Enlarging the supply for the telecommunication infrastructure

Environmental protection and the principles of town planning


Inventory of the infrastructure
Inventory of the infrastructure governments…

  • 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.


10 march 2011 r

Access to the buildings governments

  • miejsca w budynku, w którymzbiegająsię

Access to the building…

  • …cable systems…

…telecommunication cable.


10 march 2011 r

Right of way governments

  • 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


10 march 2011 r

Separate ownership of the optical fiber governments

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.

The above mentioned rule applies accordingly to :

  • Telecommunication wires other then optical fiber;

  • Set of savage tubes placed one by one;


Local spatial development plan
Local spatial development plan governments…

  • 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.

  • 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

19


Localization of the public purpose investments within the framework of public communication
Localization of the public purpose investments governmentswithin 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


Other simplifications concerning the investment process
Other simplifications concerning the investment process governments

Infrastructure concerning the irrelevant impact

Appelence against the President's of the NRA decision concerning the localization of the local special development plan

Construction Act

  • No need for the construction permit:

  • building:cable lines, savage lines

  • instalation: equipment in the construction buildings,telecommunication cables in the savage

  • cables system

21


10 march 2011 r

Regional governments broadband network…

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

22


10 march 2011 r

Rules concerning the location of the regional broadband networks

Notification concerning initiation of the proceeding

Single request to

the voivode

14days

90 days

Decision of the voivode

Concerning the specification of

a regional

broadband network

Appeal

proceeding

23


Permit concerning the establishment of the regional broadband network
Permit concerning networksthe establishment of theregional 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


10 march 2011 r

Regional networks 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

25


The new openings for locating of the telecommunications investments
The new openings for locating of the telecommunications investments

Public roads

placement:

  • Telecommunication infrastructure

  • Other equipments

Loaction of the technological channels