Transparent rules are set for access to infrastructure for telecoms networks

Sumy region

Subject of complaint: National Commission Regulating Electricity and Residential Services (NCRERS)
Complaint in brief: In February 2016, the Association of Internet Providers turned to the BOC with a group petition. It complained that NCRERS was not acting in response to violations of licensing terms by infrastructure owners and unreasonable rises in rates.
In small towns and villages in Ukraine, it’s not easy to set up internet networks. In order to rovide users with a connection, ISPs use existing electric and telecommunication infrastructure and pay for access to the infrastructure owners. The cost of access is supposed to be calculated in accordance with approved methodologies.
However, the Complainant reported that some infrastructure owners were setting non-market fees In addition, the same services were charged differently to different providers. Thus, for some market players it became commercially unviable to provide internet services. Ordinary users in the more remote places of Ukraine were simply left without access.
Actions taken: In reviewing the case, the BOC investigator discovered that the problem was systemic and affected many regions of Ukraine.  The issue of calculating fees was not regulated at the legislative level. So the Council recommended that the NCRERS flesh out the rules for using infrastructure to establish telecoms networks. 
Result achieved: On June 4, 2017, the Law “On access to buildings, transportation and electrical facilities for the development of telecommunication networks” came into effect. The law establishes caps on the cost of hook-ups to the power grid and sets out rules for setting up telecoms networks. The Ministry of Energy and Coal Industry was put in charge of compliance with the rules set forth in the law.
In spring 2018, the Cabinet approved the Rules and Fee Calculation Methodology for access to elements of cable channel telecoms infrastructure elements drafted by NCRERS. In addition, the investigator wrote to the Ministry about the need to approve similar documents for access to electricity infrastructure. In June 2018, the Complainant informed the Council that there were no new violations of ISP rights by network owners/operators. The subject of the complaint was successfully resolved.

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