Unified rules have been established for how communications operators should liaise with management companies when communications networks are installed in apartment buildings

Pepeliaev Group advises that the Russian Government has published Resolution No. 1055 dated 6 August 2024The Russian Government’s Resolution No. 1055 dated 6 August 2024 “On approving the Rules for how a communications operator should liaise with the person managing an apartment building during the installation, operation and demolition of communications networks within common property facilities in an apartment building” (pravo.gov.ru). 
, which regulates how a communications operator and the person that manages an apartment building should work together when communications networks are installed, operated and dismantled (the Rules).

The rules have been adopted in pursuance of the provisions of the Law concerning the free access of communications operators to apartment buildingsFederal Law No. 67-FZ dated 6 April 2024 “On amendments to article 6 of the Federal Law ‘On communications’ and the Housing Code of the Russian Federation”.
. The document will come into force on 20 August 2024.

According to the legislature’s assessmentThe information is set out in the summary report further to the regulatory impact assessment for the adopted draft act (regulation.gov.ru)
, the Rules affect 5,154 communications operators and 913,788 management companies, while the expenses on compliance with the requirements established by the document come to more than RUB 3 billion over 6 years.

The regulated item

The Rules cover the key stages of the joint work of communications operators and the management company, such as:

• preparing the installation design of communications networks;

• installing, operating and demolishing communications networks;

• accessing items of common property in an apartment building;

• establishing the damage caused to the common property of an apartment building and to communications networks;

• while also establishing sample requirements for networks to be installed on common property facilities.

The Russian Federal Antimonopoly Service oversees conformity with the Rules (in terms of the communications operator being granted non-discriminatory access to items of common property) together with the State Housing Inspectorate (in terms of ensuring that the available housing stock and items of common property are maintained).

We will examine the main changes to the procedure for joint work and identify which provisions of the Rules are ambiguous.

I. Accessing items of common property in an apartment building

To install communications networks on items of common property in an apartment building the operator will need to obtain a resolution to this effect from the management company, which has been passed further to a review of the request.

The request may be denied in situations described in the rules. An example is when an apartment building is recognised as being in an emergency condition, or being subject to demolition or reconstruction. The reasons for the request to be denied are set out in a grounded refusal.

Once the operator receives access to items of common property in an apartment building, these items have to be inspected and an installation design of communications networks has to be prepared that is approved by the management company. If there are risks stemming from such a design being used and risks of requirements being breached for the structural characteristics, the design is sent to be further developed, followed by another approval procedure.

II. Installing and demolishing communications networks

The rules stipulate the procedure for installation works along with the requirements for documentation confirming that such works have been conducted. With respect to the communications operator, a separate requirement has been stipulated for communications networks to be equipped with means of identification.

Among the grounds for equipment to be demolished are: a resolution being handed down by the court, the supply of services being ceased by the communications operator, a resolution being passed by the general meeting of the owners of premises or the communications operator failing on its obligation to label the communications networks.

The information about demolished equipment is published in information systems of the utility services provider or on the official website of the management company (if any).

III.  Procedure for eliminating damage

1. Damage to common property that the communications operator has caused while installing a communications network.

The access of communications operator to items of common property in an apartment building for eliminating damage that the communications operator has caused is granted on the basis of a certificate of eliminating damage and offences. The certificate is made by the management company in the presence of the communications operator’s representative (the absence of a representative is not an obstacle, provided that he/she has been properly informed). Should there be a disagreement regarding the above circumstances, the operator makes a record to this effect.

2. Damage to the communications operator’s network caused by third persons

The management company informs the communications operator of any damage caused to the communications network, including that caused by emergency situations in the apartment building. When damage is caused to communications networks as a result of third persons performing work, the management company draws up and sends to the communications operator a certificate of damage.

What to think about and what to do

The issue of communications operators being granted free access to apartment buildings has a long history. The initiative has been discussed with the legislature and market participants for at least 10 years.

In the legislature’s opinion, the final set of regulations will create comfortable and uniform conditions for communications operators to liaise with management companies and, as a consequence, will lead to a healthier environment on the market.

However, it cannot be ruled out that some provisions will cause the reverse effect. Market participants still have apprehensions, as the current regulation increases the burden and creates additional expenses:

• the volume of obligations that used to be non-typical for management companies (working with the state information system, active document management, ensuring conditions for electric power to be supplied to devices of communications operators until they enter into an agreement with the power supply company),

• counter obligations have been provided for communications operators to preserve items of common property in an apartment building when working with communications networks in the process of them being operated and demolished. A special procedure has been established for reimbursing losses and damage.

Help from your adviser

Pepeliaev Group's experts continually monitor amendments of legislation on communications. They pride themselves on a solid track record of comprehensive support to business in issues regarding compliance with the legislation, the identification and assessment of legal risks, and the development of business-oriented proposals to minimise the risks we identify.

We are ready to provide full-fledged legal support to companies from the telecommunications sector on the issues concerning the industry's regulation.