communications cables in existing pipes, reconstruction, relocation, protection and repairs);
2. the strengthening and replacement of existing antenna systems and their raising or
lowering;
3. the replacement of existing containers;
4. implementation of the required earthing or the expansion of the existing earthing in order
to replace a container/tower, lightning protection, machine installations, electrical
installations and the necessary increase in the existing electrical connection power.
(4) The minister responsible for electronic communications (hereinafter: the minister) shall
specify, with regard to the level of complexity of construction, the simple communications
facilities which do not require a construction permit under construction regulations, and shall
prescribe what is deemed to be maintenance of communications facilities over and above the
works referred to in the preceding paragraph.
(5) Unless the actual and technical possibilities do not allow it, the communications networks
and associated infrastructure referred to in the second paragraph of this Article must be
constructed so as to enable their shared use for the purposes of environmental protection,
restriction of unnecessary encroachments into the environment, and the protection of public
health and public safety. To this end, construction of these communications networks must
always provide for and install an access point enabling the shared use of the access part of the
network, on which the Agency shall decide in accordance with Article 91 of this Act.
(6) In the construction of multi-apartment and commercial buildings, communications
infrastructure must be designed and built into the common areas of the building. A
distribution point must be planned and implemented in the design and construction of this
infrastructure so as to provide an individual operator with a connection to every part of the
building (every subscriber) separately. The same shall also apply, as appropriate, to the
reconstruction of household communications infrastructure.
(7) The Agency shall, by means of a general act, regulate in detail technical and other issues
arising from the implementation of the fifth and sixth paragraphs of this Article.
(8) Local communities shall promote the construction of electronic communications networks
and associated infrastructure within the sphere of their competencies and, where appropriate,
cooperate with the Agency. In doing so they shall, in particular, lay down the conditions for
the construction of electronic communications networks and associated infrastructure in their
spatial planning documents, conclude easement and other agreements with operators on their
infrastructure, notify operators and the Agency of planned future modifications of existing
infrastructure, and may plan the construction of open public communications networks.
Article 10
(joint construction)
(1) An investor in the communications networks referred to in the second paragraph of the
previous Article must, not later than 30 days prior to the issuing of the order to produce the
project design documentation required for the acquisition of a construction permit or, when a
construction permit is not required, not later than 60 days prior to the commencement of
works, notify the Agency of the planned construction and invite interested joint investors in
electronic communications networks and associated infrastructure to engage in joint
construction of the facilities. An investor in other types of commercial public infrastructure
must, in the same timeframe as the investor in communications networks, notify the Agency
of the planned construction and invite interested investors in electronic communications
networks to express their interest in inclusion in electronic communications networks and
associated infrastructure being planned. The Agency must publish on its website the
investors’ notices regarding the commencement of planning not later than seven days after