On 23 November 2012, the President of UKE issued a decision determining new conditions for access to cable ducts owned by Telekomunikacja Polska S.A. (TP).
"TP Access Reference Offer on Infrastructure in its part related to cable ducts (ROI Offer)" is addressed to telecommunications operators and local government units interested in gaining access to cable ducts owned by TP. It implements one of the goals of the President of UKE associated with the development of telecommunications infrastructure through efficient and rational use of the existing telecommunications infrastructure.
The approved ROI Offer sufficiently regulates the process of providing telecommunications access and bilateral agreements on access to cable ducts. Moreover, in the President’s of UKE view, approved provisions will facilitate cooperation between TP and operators or local authorities. They will also streamline and standardize procedures for concluding interconnection agreements.
The President of UKE, commenting the issued decision, said: "In my opinion ensuring access to the existing infrastructure may facilitate faster roll-out of Next Generation Networks (NGN). Using the existing cable ducts will significantly reduce the costs of constructing new networks and will shorten the time of completing many investments."
Ensuring efficient access to cable ducts owned by TP is necessary to create opportunities to compete with TP in the market for services provided to end users. Changing the original TP conditions into those approved by the President of UKE in the ROI Offer, will enable operators to construct their own networks faster and more efficiently, using TP cable ducts and connecting their networks to the TP network, which is of particular importance for using wholesale services of TP.
The most important elements of the approved ROI Offer include:
1. Preparing the provisions of the ROI Offer, which is also a specimen of a framework agreement on access to cable ducts, followed by preparing a specimen of a detailed agreement.
2. Introducing the option of using electronic means of communications with TP in the form of the TP Interface System as part of cooperation between the parties to the agreement on access to cable ducts.
3. Streamlining the procedures set out in the ROI Offer, especially those related to the preparation of valid requests for access, indicated in the requests for given cable ducts.
4. Defining the rights and obligations of the parties to the agreement on access to cable ducts (e.g. prohibiting any sublease, the procedure for unblocking cable ducts, obligation to provide information about the routes of cable ducts and their availability)
5. Introducing a specific type of access to cable ducts - DRPU which is a type of a long-term lease of ducts (from 15 to 25 years) in order to ensure the eligibility of expenditure on cable ducts as required by the rules of financing from public funds.
6. Defining a procedure for re-constructing cable ducts and a procedure for introducing a telecommunication cable owned by multiple entities into the cable ducts.
7. Detailing provisions for connecting to the cable ducts (including fees for making the connection available) and for procedures of TP supervision over the works performed on cable ducts.
The ROI Offer, approved by the President of UKE, meets the current needs of the telecommunications market, and should also contribute to the growth of investment in telecommunications infrastructure.
- The decision on approving changes to the ROI Offer is essential to the public interest and therefore needs to be immediately enforceable. The improvement in cooperation between operators and clear rules defined for access to TP cabling infrastructure, will be key factors in ensuring quick response to the needs of end users in the provision of telecommunications services - said Magdalena Gaj, the President of the Office of Electronic Communications.
Full text of the decision is available in Polish. Attached hereto you will find a Decision of the President of UKE on the approval of the ROI Offer, issued on 23 November 2012, along with the content of the TP Offer with annexes.