application from the operator and also under fair, reasonable and non-discriminatory
conditions, including prices, unless there are reasons for rejecting such application.
By law, an authorised entity will have the right to the provision of a set of minimum data
about the “physical” infrastructure of obligated entities, and this within the scope of its
planned project to construct high-speed electronic communications networks, and also the
right to information about ongoing or planned construction work.
6.2 Additional legislative and other measures
In order to remove barriers when building electronic communications networks, the
implementation of other measures indicated below, is also anticipated. These measures will
be defined in more detail in the action plan, including their timeframe and the lead manager.
6.2.1 Corrective measures in the area of network planning and construction
To solve the issues adduced in chapter 4.3.1, the following measures are suggested:
a) An amendment to § 104 of Act No 127/2005, on electronic communications, which
will also enable the conclusion of other types of contracts enabling the placement of
elements of electronic communications networks on land; see chapter 4.3.1(a).
b) Legislative measures to enable the addressing of barriers to the coordination of
structures of different investors (the issue of so-called “overlaying”, technical
standards, the need to change or renew a land use decision, protection and safety
zones); see chapter 4.3.1(b).
c) Intensification of communication and greater public education among government
authorities, local government and network operators for the purpose of spreading
information and sharing tried-and-tested practices and experience in the area of
support for the construction of NGNs. Recommendations for the building of
protectors, raceways and other passive elements suitable for the construction of
shared infrastructure, e.g. owned by the municipality or part of the reconstruction of
public roads and open spaces. Recommendations relating to the amounts of fees
demanded for the use of open public space, which take into account the level of the
temporary aggravation of the use of the open space in question; see chapter
4.3.1(c),(d) and (e).
d) An amendment to Act No 183/2006, on town and country planning and the building
code (the Building Act), which will accelerate occupancy proceedings for electronic
communications networks structures; see chapter 4.3.1(b) and (e).
e) An amendment to Act No 184/2006, on removal or restriction of property rights to land
or to a building (Expropriation Act) as amended, with the objective of simplifying the
process of expropriation of property rights necessary for the placement of electronic
communications networks (in particular the demonstration of public interest, the
unique nature of the technical solution, the scope of documents required); see
chapter 4.3.1(g).
f) An amendment to Act No 416/2009, on the accelerated construction of transport,
water and energy infrastructure (in adequate connection to Act No 127/2005, on
electronic communications); see chapter 4.3.1(d) and (f).
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