Internet provider gains right to pay reasonable rates to place its telecommunication networks on existing power poles

National Police criminal case initiated Poltava region

Subject of complaint: Poltava Territorial Department of the Antimonopoly Committee of Ukraine (AMC)
Complaint in brief: On August 29, 2016, Fobos Information Technologies Implementation Center LLC, representing a group of small and medium internet providers who use the services of the power utility’s existing transmission poles to install their own telecommunication networks (TCN), addressed a complaint to the BOC about possible abuse of monopoly position by PAT Poltavaoblenergo, the local power utility. The Complainant accused Poltavaoblenergo of charging overly high rates for services for the use of slots on its network for the installation of TCN, and that the local AMC office, the Poltava Territorial Department, had not taken any action to investigate the allegations, despite repeated requests from the Complainant.
Action taken: The BOC investigator requested that the AMC’s Territorial Department provide an explanation for its failure to respond to the Complainant’s appeals. A case regarding violations of the law on commercial competition was opened, and confirmed that PAT Poltavaoblenergo was in violation. The AMC’s Territorial Department recommended Poltavaoblenergo recalculate the cost of its services on a commercially justified basis.
Result achieved: As a result of the BOC’s intervention, the Complainant’s rights under the law on commercial competition were restored and its right to commercially-justified rates for placing its TCN on existing poles recognized. The case was closed successfully.

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