вторник, 27 мая 2014 г.

The house for operators

The house for operators
Internet service providers ask FAS and the Ministry of Telecom and Mass Communications to change the rule of access to houses


Internet service providers ask FAS and the Ministry of Telecom and Mass Communications to change the rule of access to houses to finish extortion from management companies and condominium.

On May 26 the advisory council of FAS on which officials and operators discussed conditions of access for operators to houses took place. Representatives of MTS, "Vympelcom", "MegaFon" and "Rostelecom" told "Sheets" about it. It was confirmed with the deputy chief of management of transport and communication of FAS by Elena Zayeva. Operators suggested to make changes to the Housing Code (HC) and Construction norms and rules. Now the decision on that to allow the operator in an apartment house or not, is accepted by owners of housing in this house at meeting. And have to approve the admission 2/3 of them. This norm is exigeant, representatives of operators explain. The employee of one of them also specifies that operators often face extortion from management companies and unreasonable overestimate of a payment for access to the equipment (they have the right to take "a proportional payment" for access). Extortion happens quite often, but they can be challenged through court, Zayeva confirms. Operators ask to change ZhK so that the decision on access to communications was made on the basis of the contract at least with one of subscribers – owners of the apartment. It is necessary to change also the Code about administrative offenses to establish a measure of responsibility for discrimination at the admission of communications operators, operators consider.

FAS also the staff of the Ministry of Telecom and Mass Communications participated in a meeting of advisory council, the representative of this department told. The Ministry of Telecom and Mass Communications considers the proposal of operators interesting, however the question demands additional studying and further discussion, the interlocutor of "Sheets" specifies. The ministry considers necessary to simplify an order of access for operators to houses and already conducts active work in this direction, he adds.

ZhK provides that the property which is in common ownership (including the non-residential premises necessary for operators), can be used only under the agreement of all his owners, Zayeva specifies. Therefore with introduction of operator amendments there can be difficulties, she believes. Instead to consolidate other norm which will regulate much more effectively that the decision on refusal in access to the operator too has to be made by a majority vote owners of housing, Zayeva concludes.

"Akado a telecom" suggests to bring concept of a coherent easement (an easement – a limited right of use of others thing in the land relations), the representative of the company Denis Rychka notes. It will allow operators to place free of charge the networks in houses by analogy with the gas pipeline, cold and hot water supply, the sewerage, Rychka explains.

The operators who are earlier interrogated by "Sheets" noted that in the last two years the official payment for access to houses grew by 5-7 times. If in 2011 "AYR Telecom" paid management companies less than 50 million rubles (0,5% of revenue), in 2013 – already 350 million rubles (1,8%), told in March, 2014. To "sheets" his general director Andrey Semerikov. Now the company operating the Moscow house to 250 apartments can take for right of access to communications to 15 000 rub a month (if in the house 5-6 providers work) – at the end of 2011 this payment was respectively 3000 rub, the general director of "Iskratelekom" Alkhas Mirzabekov tells. On average across Russia only the price of coordination with management companies and condominium (receiving a consent of residents and permissions to installation and service of the equipment) makes about 100 rub. on one household, the employee of the large federal operator speaks. Cases when coordination cost and 300 rub for a household met, he tells. In a total cost of access to houses the payment for coordination makes about 10%, it is indignant. The size of a payment for access to the house depends only on wishes of management company and can make from 50 to 1000 rub monthly above, Rychka speaks.

Conditions of non-discriminatory access which are discussed by operators and FAS, can lead to strengthening of the competition in regions (in houses where there are 1-2 providers, there can be new operators), the general director of TelecomDaily Denis Kuskov considers. In the large cities with saturated markets it can lead to strengthening of an overflow of subscribers from provider to provider. In such situation tariffs for the fixed broadband access can decrease by 20-25%, Kuskov predicts.

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