Is building of fiber networks on electricity poles an opportunity or a threat?

In recent days, the news has repeatedly appeared in the media that thanks to a memorandum between distribution companies and the Association of Towns and Cities of Slovakia (ZMOS), fast internet will also reach locations where it is not worthwhile for operators to build an optical fiber network. The signatories of the memorandum also refer to the need to change the legislation. In this context, the Telecommunications Union of the Slovak Republic offers ZMOS and state authorities a helping hand in building fiber networks in locations where it is not worthwhile for multinational telecommunications companies. Local and regional operators have a long-term interest in building fiber networks on power poles, it is "just" enough that the distribution companies would comply with the law and allow operators to place their optical networks on power poles. No change in the law is necessary for this.

Building fiber networks on power poles can significantly speed up the expansion of broadband (so-called high-speed) Internet access, which is a good opportunity for Slovakia. On the contrary, the threat is not allowing operators to place optical fiber cables on power poles, as well as placement of fiber cables by distribution companies without official permissions according to the law. Such actions significantly slow down the expansion of the Internet in Slovakia and threaten competition on the market, which for some telecommunications operators may mean the end of their business. This situation narrows the choices for citizens and entrepreneurs, and will negatively affect business and employment in the regions. The Telecommunications Union of the Slovak Republic welcomes that the relevant authorities are also dealing with this process.

Energy distribution companies have an obligation to allow placement of fiber networks on their poles

Physical infrastructure, including poles of distribution companies, has been an unused potential for broadband expansion for years, although their use is envisaged by the European directive to reduce the costs of building high-speed networks, which is reflected in the Electronic Communications Act. Placing optical networks on distribution company poles is a cheaper and faster solution than laying them in the ground. Telecommunications operators are interested in building and placing their lines and equipment of high-speed networks on the poles of distribution companies and those according to § 26 par. 1 of the Electronic Communications Act have the obligation to enable them under reasonable, non-discriminatory and transparent conditions.

Energy distribution companies build their own fiber optic networks through operators of their choice, who then deliver internet to homes. Built networks can later be used by other operators under unregulated conditions. In practice, this can threaten the state of competition in the market. In this regard, the Antimonopoly Office of the Slovak Republic recently announced the beginning of an investigation into the construction of new fiber networks on power poles and access to them.

Official permission is required for the construction of optical networks on power poles

If a telecommunications operator wants to build an optical fiber network on any poles, it can do so only on the basis of valid permission from the construction authority. The Telecommunications Union of the Slovak Republic encountered cases, especially in the east of Slovakia, when a distribution company placed an optical network on power poles without official permission and thus gained an undue advantage over telecommunications operators. The decisions of the competent authorities say how to proceed correctly. When building optical networks on power lines, state authorities encounter different naming of contructions and various palliations from distribution companies, but already in 2016, the District Prosecutor's Office of Košice-Surroundings explained in the prosecutor's protest that "These construnctions can be carried out on the basis of a valid official permit - area decision (územné rozhodnutie)". The Office of Košice District and subsequently the highest appellate authority, the Ministry of Transport and Construction of the Slovak Republic, agreed with this legal opinion. In the sense of the valid decisions issued by them, it is clear and indisputable that such constructions can only be carried out on the basis of official permission from the construction authority.

The fact that it is necessary to have a valid permission for the construction of optical networks on power poles is also confirmed by the decision of the Slovak Construction Inspectorate, which imposed a fine on the company Východoslovenská distribučná (East-Slovak Distribution) for the construction of a self-supporting optical fiber network on low-voltage poles in the village of Rozhanovce without official permission.