6. Measures to achieve the objectives
In general, it is possible to promote the introduction of NGNs on the one hand through the
removal of legislative or regulatory barriers and on the other through the provision of public
aid under determined conditions.
6.1 Transposition of Directive 2014/61/EU
The objective of the implementation of Directive 2014/61/EU is to determine certain minimum
rights and obligations valid throughout the EU with a view to facilitating the introduction of
high-speed NGAs and cross-sectoral coordination.
There is general agreement that construction work represents the dominant part of total
costs for the deployment of networks, irrespective of the technology used, while with some
technologies this share is estimated to be up to 80%.
Barriers to investment and access to the market may be reduced through the enabling of
more intensive use of existing network infrastructures, strengthening cooperation during the
planning of construction work, streamlining the procedures for granting permits, and
removing barriers for electronic communications networks prepared for high-speed
connectivity built into buildings.
The transposition of this directive therefore focuses on the removal of:
a) Inefficiencies or barriers in the area of the use of existing “physical” infrastructure (for
example ducts, conduits, shafts, cabinets, poles, masts, antennae, towers and other
supporting constructions),
b) Difficulties in sharing passive infrastructure suitable for the establishment of electronic
communications networks (insufficient awareness of the existence of usable passive
infrastructure, the lack of conditions for its sharing),
c) Barriers in the area of the concurrent introduction of high-speed electronic
communications networks,
d) Barriers relating to the introduction of high-speed electronic communications networks
installed in buildings.
If the above indicated problems are addressed together, the result will be a set of coherent
and mutually reinforcing measures.
The draft of the Act on measures to reduce the costs for deploying high-speed electronic
communications networks determines the obligation to enable access to “physical”
infrastructure for the purpose of building elements of high-speed electronic communications
networks under fair, reasonable and non-discriminatory conditions, unless there are reasons
for rejecting applications. During the performance of construction work, the investor must
comply with an application from an authorised entity for the conclusion of a contract to
coordinate construction work with the objective of building elements of any high-speed
electronic communications networks, and this under fair, reasonable and non-discriminatory
conditions.
The operator or owner of an access point or “physical” infrastructure inside buildings will
have an obligation to make this access point or “physical” infrastructure available for the
purpose of building high-speed electronic communications networks, and this based on an
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