The Government has approved the relevant rules for the interaction of Internet service providers and management companies
Updated at 4:16 p.m.
The government has approved the rules of interaction between Internet service providers and management companies. In accordance with the decree, which will come into force within six months, the Criminal Code will now not be able to prohibit provider companies from accessing apartment buildings. It is noted that previously this limited the right of citizens to choose Internet service providers.
The resolution also takes into account the standard requirements for the installation of networks in homes. Now, if damage to common property is caused during the work, there is a response procedure, and this should simplify the resolution of disputes between residents, the management company and providers.
Leonid Konik, CEO of the ComNews Group of companies, talks about the pros and cons of innovation:
Leonid Konik, CEO of ComNews Group of companies, “You and I can easily change, for example, a mobile operator, but it is sometimes difficult to change the Internet provider in the house, because sometimes there is one monopoly in the house, sometimes two, sometimes three, but no more Internet providers. The law on Non-discriminatory Access, in principle, expands the rights of citizens and opens access to almost any Internet provider operating in a given city or in a given area of the city to each specific residential building, if at least one resident of this house desires to use its services. The main advantage is that for many years, management companies in apartment buildings have worked as a kind of gateway between residents and Internet service providers, and very often the provider, in order to enter a particular apartment building, was forced to pay the management company when officially under some kind of contract, and when in the pocket of some of its leaders. This outrage has lasted for decades, over the past ten years, the State Duma of the Russian Federation has tried in several stages to adopt a law on non-discriminatory access, it had a long and thorny fate, as a result, such a law was adopted. And now that the government has approved a by-law to this law, finally telecom operators are fully armed and, after decades of the problem, can freely access any apartment building, respectively, any resident of this apartment building can choose from all market players according to their tariffs and other proposed conditions. An important question that has not yet been answered is that from one extreme, when not all providers could get into the house, there is a risk of falling into the other extreme. The rules for the law on non—discriminatory access are formulated in such a way that any number of providers may require access to a particular apartment building, an infinite number of providers is also probably not very good, not to mention the fact that the equipment of each telecom operator requires one or another place to accommodate it. And, as far as I managed to look at the recently adopted government decree approving the rules, the management company, in principle, has no way to refuse a telecom operator entry to an apartment building, unless this house is under major repair or is in disrepair. There is no endless place to place equipment, and it is quite interesting how this conflict will be resolved.”
Konstantin Krokhin, a lawyer and chairman of the Housing Union of Moscow, speaks about the risks of the new rules:
Konstantin Krokhin, lawyer, Chairman of the Housing Union of Moscow “If we talk about the reasons why management companies did not agree to access earlier, one of the reasons is that the common property is private property, and the procedure for its use is determined at general meetings, as it is written in the Housing Code. And conscientious management companies tried to comply with these requirements, so access could be limited. If the management company is municipal, in Moscow it is a “Zhilishchnik”, we see on the example of these houses access is almost unlimited, anyone can get there, wires are hanging, there have been cases of short circuits, that is, management companies do not control access to common property, in this case there are problems with fire and anti-terrorist security, because anyone can connect to these low-current wires for any purpose. In my opinion, for far-fetched reasons, allegedly for the development of competition, some subscribers cannot get the provider they want, this change has been lobbied, that is, it is the interest of providers. At one time, I was interested in the Antimonopoly Service, which raised this issue seven years ago, they said that they had 80 appeals from all over the country, and based on this, a campaign began to unfold to protect the constitutional right to access information, and changes were made under this sauce. This will lead to the fact that many providers near the state — Rostelecom, MGTS — tried to pass through the public area using certificates, including the technical premises of apartment buildings. Today, they also have legislative powers for this, while they do not bear any expenses for the maintenance of common property, and it is quite obvious that this is a defeat in the rights of owners, it introduces a serious imbalance in those norms that were set out in the Housing Code. In the near future, we will see conflicts between management organizations that will protect their property, their investments, this will lead to conflicts.”
Earlier, Russian President Vladimir Putin signed a document providing for comprehensive changes to the federal law “On Communications” and the Housing Code. According to it, there is no charge for the placement of communication networks in communal premises.
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It also provides an opportunity for the telecom operator of apartment buildings to connect to the Internet on the basis of approved standard technical specifications and an agreement with one of the owners or tenants of housing without the need for a decision by the general meeting of owners.
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