Conditions and procedures according to Act on measures to reduce the cost of deploying high-speed electronic communications networks and Building Act and other specifications

Act No. 194/2017 Coll., on measures to reduce the cost of deploying high-speed electronic communications networks, regulates the deployment of high-speed electronic communications networks. Construction of electronic communications networks, procedure, conditions related to rights to such deployment are regulated by Act No. 183/2006 Coll., on town and country planning and building code (Building Act), as amended. Conditions of usage of other owners´ real estate by entrepreneurs providing a public communications network and other conditions related to construction of electronic communications networks are regulated by the Electronic Communications Act.

Selected provisions of the Act on measures to reduce the costs of deploying high-speed electronic communications networks and other data:

Definition of the most important terms (Section 2 of the Act):

For the purposes of this act:

a) physical infrastructure means any element of a network which is intended to host other elements of a network without becoming itself an active element of the network, such as pipes, masts, ducts, inspection chambers, manholes, cabinets, buildings or entries to buildings, antenna installations, towers and poles; cables, including dark fibre, as well as elements of networks used for the provision of water intended for human consumption,

b) in-building physical infrastructure means physical infrastructure intended to host wired and/or wireless access networks inside buildings, where such access networks are capable of providing electronic communications services and connecting access point of the building with the network termination point at end user´s premises,

c) obligated person

  • public communication network operator,
  • operator of physical network infrastructure intended for the provision of transport, transmission or distribution of gas or electricity, including public lighting, heat distribution, water distribution, including disposal or treatment of waste water and sewage and drainage systems,
  • operator of physical network infrastructure intended for the provision of transport services, including railways, roads, ports and airports,
  • investor for the purpose of providing information on civil works and for the purpose of coordination of publicly funded civil works,
  • owner of the physical infrastructure as specified in points 1 to 4 or a person entitled by other rights to such physical infrastructure, if the operator of the physical infrastructure is not its owner, and does not have such rights enabling him to fulfil the obligations of the obligated person under the Act; the obligated person is not the Ministry of Defence, the Ministry of the Interior and Security Corps.

d) authorized person public communication network operator and obligated authority,

e) high-speed electronic communications network means an electronic communication network which is capable of delivering broadband access services at speeds of at least 30 Mbps,

f) access point of the building physical point enabling connection of multiple operators to the in-building physical infrastructure, which is prepared for connection at speed of at least 30 Mbps,

g) authorization decision measure or any other act required under the Building Act,

h) obligated authority executive body, body of regional self-governing unit or legal person. 

Access to physical infrastructure (Section 4 of the Act)

An obligated person shall allow access to physical infrastructure for the deployment of high-speed networks in response to a written application by an authorized person. A contract on access to physical infrastructure shall be concluded. The authorized person shall enclose a draft contract to the application. The authorized person is under obligation to use the sample contract on access to physical infrastructure published by CTU. The authorized person may also use a sample contract published by obligated person. However, the obligated person is not under obligation to publish it.

The obligated person may refuse a request on access to physical infrastructure for reasons specified by the Act. If the obligated person refuses such request, it shall communicate this to the authorized person in writing with justification and within 2 months from receiving the request.

CTU solves disputes concerning access to physical infrastructure upon application submitted by an authorized or obligated person. The administrative fee for submitting application for dispute resolution is 10.000 CZK.

Provision of physical infrastructure data (Section 6 of the Act)

An authorized person has the right to receive a minimum data set on the physical infrastructure of obligated persons (hereinafter „minimum data set”), on the basis of a written request submitted to CTU.

If CTU does not have the necessary data available, CTU shall request it from an obligated authority, which could hold a minimum data set due to carrying out its tasks. The obtained data will be provided by CTU to the authorized person.

CTU shall not provide the minimum data set to an authorized person in case of reasons specified by the Act.

If CTU does not have the minimum data set available, nor the obligated authority has provided it within 2 months’ term, CTU shall inform the authorized person about it. The authorized person may subsequently request the minimum data set from the obligated person.

An obligated person may refuse the request for a minimum data set for reasons specified by the Act. If the obligated person refuses such request, it shall communicate this to the authorized person in writing with justification and within 2 months from receiving the request.

CTU solves disputes concerning the provision of a minimum data set upon application submitted by an authorized person. The administrative fee is CZK 2 000.

On-site survey (Section 8 of the Act)

An obligated person shall allow an on-site survey of its physical infrastructure to an authorized person upon a written reasoned request. A contract on physical infrastructure survey shall be concluded. The authorized person shall enclose a draft contract to the application. The authorized person is under obligation to use the sample contract on survey of physical infrastructure published by CTU. The authorized person may also use a sample contract published by obligated person. However, the obligated person is not under obligation to publish it.

An obligated person may refuse the request to on-site survey of physical infrastructure for reasons specified by the Act. If obligated person such request, it shall communicate this to the authorized person in writing with justification and within 1 month from receiving the request.

CTU solves disputes concerning the survey of physical infrastructure upon application submitted by an authorized person. The administrative fee is 2 000 CZK.

Coordination of civil works (Section 10 of the Act)

In the case of civil works financed wholly or partly by public funds, obligated person shall allow an authorized person to coordinate civil work for the purpose of deploying a high-speed electronic communications network, and on the basis of a written request. The contract for the coordination of civil works shall be concluded. The authorized person shall enclose a draft contract to the application. The authorized person is under obligation to use the sample contract on coordination of civil works published by CTU. The authorized person may also use a sample contract published by obligated person. However, the obligated person is not under obligation to publish it.

The obligated person shall accept the request if the conditions specified by the Act are met. If the obligated person refuses such request, it shall communicate this to the authorized person and to CTU, in writing and with justification.

CTU solves disputes concerning coordination of civil works upon application submitted by an authorized or obligated person. The administrative fee is 10.000 CZK.

Provision of civil works data (Section 11 of the Act)

An obligated person shall provide to an authorized person data on planned or ongoing publicly funded civil works relating to physical infrastructure upon a reasoned written request under the conditions and to the extent specified by the Act. Obligated person will provide this data also to CTU. The submission of this application is not subject to the payment of any administrative fee.

CTU solves disputes concerning provision of civil works data upon application submitted by an authorized person. The administrative fee is 2 000 CZK.

In-building physical infrastructure (Section 13 of the Act)

An authorized person has a right to terminate its high-speed electronic communications network at the end-user's premises, if an in-building infrastructure allowing the connection of high-speed network does not exist and the end user agrees with it.

An obligated person shall allow access to in-building physical infrastructure or to access point of the building upon a a reasoned written request of an authorized person. A contract on access to physical infrastructure shall be concluded. The authorized person shall enclose a draft contract to the application.

CTU solves disputes concerning access to in-building physical infrastructure upon application submitted by an authorized or obligated person. The administrative fee is 2 000 CZK.

 

According to the Act, generally, an obligated person shall allow access to physical infrastructure, in-building physical infrastructure, on-site survey of physical infrastructure or coordination of civil works to an authorized person on fair, reasonable and non-discriminatory terms and conditions, including price. The same applies also to provision of civil works data.

Decision-making of CTU

a) Dispute resolution

Upon application of an authorized person decisions on

  • provision of minimum data set on physical infrastructure (Section 7)
  • on-site survey of physical infrastructure (Section 9)
  • provision of civil works data (Section 12)

Upon application of an authorized or obligated person decisions on

  • access to physical infrastructure (Section 5)
  • coordination of civil works (Section 10)
  • access to in-building physical infrastructure (Section 14)

b) Administrative offences

An obligated person commits an administrative offence by not informing the authorized person about reasons for refusing a request under Sections 5, 7, 9, 10 and 12 of the Act.

An authorized person commits an administrative offence by not securing data protection.

A fine of up to CZK 200,000 may be imposed for an administrative offense.

c) Coercive fines

CTU enforces compliance with the obligations imposed by CTU´s decisions by imposing coercive fines. Individual amount thereof may not exceed CZK 100 000 for a natural person and CZK 1 000 000 for a legal person or an entrepreneur (natural person).

Top