Operators will not be allowed in one at a time – Newspaper Kommersant No. 190 (7391) dated 10/13/2022
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The Ministry of Digital Development has developed a bill regulating the access of communication providers to multi-storey residential buildings. The document makes it possible, when creating or reconstructing apartment buildings, to access the premises of at least two operators not associated with the developer or management company (MC). Another initiative, which should provide companies with access to ready-made houses, was submitted to the State Duma back in 2018, but has not yet been adopted. The new measures, according to experts, will not solve the problem of operator discrimination, since the management companies can simply create companies that are not formally related to them and bring them into the house as a second provider.
“Kommersant” got acquainted with the bill regulating the access of communication providers to residential apartment buildings, prepared by the Ministry of Digital Development. The document was sent to the Analytical Center (AC) under the government on October 5. He amends the law on communications, which provide for the “possibility” of placing in the house (during construction or reconstruction) networks of at least two providers, “not affiliated with the developer, the management company and among themselves.” The initiative is designed to guarantee the creation of the necessary communications infrastructure, the explanatory note says. Non-discriminatory access of operators to the infrastructure of ready-made apartment buildings should be regulated by another bill, which is under consideration in the State Duma, the Ministry of Digital Development specified. The AC confirmed receipt of the document, adding that it is being discussed.
The problem of operators’ access to houses is long overdue. The corresponding amendments to the law “on communications”, which make it possible to simplify the access of operators to the common property of residential buildings, were submitted to the State Duma by a group of senators at the end of December 2018. The amendments implied that management companies should provide operators with access to the premises free of charge. In March 2019, the operators asked the Minister of Communications to support the project (see Kommersant dated March 25, 2019), but it has not yet been adopted. At a meeting of the Council for Strategic Development and National Projects on September 5, Russian President Vladimir Putin instructed the government and the State Duma to expedite consideration of the bill.
Vladimir Koshelev, First Deputy Chairman of the State Duma Committee on Construction and Housing and Public Utilities, said that amendments to the second reading of the bill introduced in the previous convocation had already been worked out: “As a result, the monopoly of one provider in a residential building will be eliminated.”
Meanwhile, market participants consider the new idea of the Ministry of Digital Development not very successful. It will lead to the fact that only two operators will be allowed into the houses of the management companies, the rest of the players will be denied or set an inflated entrance fee, says Makatel president Alexei Amelkin. Vimpelcom’s press service noted that the idea “will only work in conjunction with other measures that need to be taken.” Akado noted that the conditions for placing operators’ infrastructure in houses remain unclear: for example, they are listed as common property, which makes it difficult to access them for repairs. At the moment, in order to gain access to houses, operators must obtain the consent of two-thirds of homeowners, which, “as a rule, is not easy,” notes a Kommersant source in one of the operators.
The initiative of the Ministry of Digital Development is designed to eliminate only one trick developers use to keep operators out, Karen Kazaryan, general director of the Internet Research Institute, said: market”.
The president of the Association of Real Estate Service Companies, Nikita Chulochnikov, adds that for developers and management companies “there is no problem to create a fake company, formally unaffiliated, and start it as a second provider.” From this second company, you can give inflated prices in advance and thus confirm the legitimacy of the tariffs of the first provider, he explained. In addition, the wording in the draft law “possibility of placement” of the operator does not make it clear what is meant, the expert emphasizes: “It is also not clear who will choose these providers.”
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