Mega –bill, :the act on supporting the development of telecommunications services and networks goals, new possibilities, problems. 10 March 2011 r.

Agenda 2 Way forward Goals Mega-Bill

3 Way forward

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 4

Aloaction of the EU funds for Total: 5,6 mld PLN mln PLN1 406 mln PLN 772 mln PLN EU FUNDS namelyEU activity 8.3 EU activity 8.4. RPO & PO RPW POIG POIG 34%0%17% 15% 5 28 tys. km optical fiber networks 3,5 tys. backbone networks 28 tys. km optical fiber networks 3,5 tys. backbone networks Źródło: UKE, maj 2010 r. i raporty MRR, listopad 2010 r.

6 Goals

Strategies: 7 Stabilization and development plan- strengthening of the Polish Administration in terms of world financial crises Strategies for the development of the information society until Poland 2030 Europe 2020 – Digital Agenda Poland 2030 Europe 2020 – Digital Agenda

Declaration of other EU MS 8 France until 2012 Internet access at speed 512kb/s for all households Germany Until % of the population with the Internet access at speed 50 Mb/s Great Britain until 2012 access to the internet for all citizens at the speed of 2 Mb/s Finland consideration of approving the universal service at the speed of 100 Mb/s

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

Main objective of the bill: 10 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 11 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 12 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 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

13 Local self-government (LS-G)– private investors Telecommunication access Access to the infrastructure and co-financing If of the economic situation the performance of the telecommunication activity is not financial affordable Access to the infrastructure and co-financing If of the economic situation the performance of the telecommunication activity is not financial affordable co- finance the costs of performance of the activity Access the telecommunication infrastructure or networks for the lower costs then the generation costs LS-G may Obligation to comply the justified requests LS-G - P.I.P.I.- LS-G Obligation to comply the justified requests

The role of the entities performing the public utility tasks Technical infrastructure = synergy in terms of infrastructure Previous experiences = synergy in terms of the performed construction works Previous experiences = synergy in terms of the performed construction works Energy enterprise Water-Savage Enterprise Environmental protection and the principles of town planning Enlarging the supply for the telecommunication infrastructure Lower costs, less time for the building the infrastructure

Inventory of the infrastructure… 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. 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.

Access to the buildings miejsca w budynku, w którym zbiegają się Access to the building… …cable systems… …telecommunication cable.

Right of way 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 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

Separate ownership of the optical fiber 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. Telecommunication wires other then optical fiber; Set of savage tubes placed one by one; Telecommunication wires other then optical fiber; Set of savage tubes placed one by one; The above mentioned rule applies accordingly to :

Local spatial development plan… 19 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 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

Localization of the public purpose investments within 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 Designation of the land for the purposes of single detached dwelling is not contrary to the location of telecommunications infrastructure of insignificant influence

Other simplifications concerning the investment process 21 No need for the construction permit: building: cable lines, savage lines instalation: equipment in the construction buildings,telecommunication cables in the savage cables system No need for the construction permit: building: cable lines, savage lines instalation: equipment in the construction buildings,telecommunication cables in the savage cables system 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

22 Regional 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 …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

23 14days 90 days Rules concerning the location of the regional broadband networks Single request to the voivode Appeal proceeding Notification concerning initiation of the proceeding Decision of the voivode Concerning the specification of a regional broadband network

Permit concerning the establishment of the regional 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 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

25 Regional 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 …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

The new openings for locating of the telecommunications investments Public roads placement: Telecommunication infrastructure Other equipments placement: Telecommunication infrastructure Other equipments Loaction of the technological channels