RSPP proposed the FAS to control the access of operators to the houses

Almost a year after the entry into force of the law on non -scrimination access of communication operators in apartment buildings, the problem with which he had to fight was preserved. The interaction between operators and management companies managed to establish only in 15-30% of cases from the total contract base, and since September last year, the Ministry of Construction recorded 334 complaints of telecom companies against managing organizations. Housers, in turn, prepare proposals for adjusting the law. They are offered to judge the participants in the markets of the Federal Antimonopoly Service (FAS) of Russia.

“Kommersant” got acquainted with the proposals of the Commission of the Russian Union of Industrialists and Entrepreneurs (RSPP) on communication and technologies on the application of legislation on non -discriminatory access of communication operators in apartment buildings compiled on March 13. As the RSPP introduced in the RSP, the rules for interaction between the market participants “could not fully resolve the disputes of representatives of management companies and operators on how exactly the houses residents should be connected.” In particular, providers are still faced with resistance from the Criminal Code. As a solution to the problem in the RSP, they are proposed to be the authority of control of the FAS Russia.

The Kommersant’s mincifers reported that they continue to analyze law enforcement practice and, according to the results of this work, would make a decision on the need to improve legislation. FAS “Kommersant” reported that the proposals of the RSPP would be considered.

Before the changes to install the operator’s equipment in an apartment building, the consent of two -thirds of the owners was necessary, since the equipment was located in common rooms. In addition, the providers paid management companies to the rent for the use of these premises (see Kommersant on May 22, 2024). This led to “mass abuses by persons authorized to manage the housing stock,” said the explanatory note to the adopted law.

However, the document with the proposals of the RSPP provides data from the Situing Center of the Minzifra, according to which, from September 2024 to January 2025, they received about 334 appeals from operators about problems in 25 constituent entities of the Russian Federation.

Also, as of January of this year, the interaction between operators, the Criminal Code and HOAs is brought into line with the rules developed in April last year in only 15-30% of cases from the general contractual base, follows from the conclusion of the commission.

The main reason for the delay in the implementation of the new rules of the commission call the lack of interest by the Criminal Code and the HOA. Attempts on their part are also noted to recover “supposedly compensation for lost benefit” from the fact that the rent for the placement of equipment is no longer charged. There were coercion of operators to conclude agreements with “intermediary companies”, and the threats of holding a general meeting of owners to dismantle networks, and even their disconnection and damage, the RSPP commission said.

The difficulties in interaction with the Criminal Code complained about MTS, Rostelecom, Er-Telecom Holding and Megafon. They agreed there with the RSPP commission in the implementation of the new rules and noted that the law was not determined by the body that was authorized to monitor the performance of the Criminal Code to ensure access to the houses. As noted in Er-Telecom, “FAS currently does not have the relevant authority, and to ensure their amendments to the law,”. Beeline did not answer the request “Kommersant”.

Representatives of the Criminal Code interviewed by Kommersant, in turn, note that they collect compensation for damage from the operators, which providers cause during work on laying the Internet channels. “They spoil the common house property, and also often do not remove communications into the box and break off our communication channels,” says Oksana Matvienko, deputy general director of the A101 Group of Companies. It also adds that now the Association of Management Organizations “New Quality” is developing a project for adjusting the law. “Their main goal is to achieve the abolition of uncontrolled access of all providers to a common territory,” says Oksana Matvienko.

However, not all housers are hostile to the actions of operators. So, the sales director of Granel Group of Companies Larisa Maslyukova says that in their new houses, for their part, they offer providers to use the organized developer of their own infrastructure under lease agreements: “The Civil Code does not establish a ban on building their own telecom infrastructure”.

Philip Krupanin, Daria Andrianova