- Статьи
- Internet and technology
- Monopoly game: management companies are proposed to be fined for not allowing telecom operators into their homes
Monopoly game: management companies are proposed to be fined for not allowing telecom operators into their homes
Management companies (CC) can be fined 500 thousand rubles for not allowing telecom operators into apartment buildings. The bill proposing this has been recommended for adoption in the first reading by the State Duma Committee on State Construction and Legislation. Large fines will not be able to completely eradicate the problem, but they can minimize artificial monopolization of the market, experts say. Izvestia found out how often telecom operators cannot get into apartment buildings to work today.
Stop the violation
It is proposed to fine telecom operators for not allowing access to apartment buildings for the placement and operation of communication networks. The amount can reach up to 500 thousand rubles. The State Duma Committee on State Construction and Legislation recommended the adoption of the relevant bill by the lower house of parliament.
The authors of the initiative recall that in 2022-2023, the central office of the Federal Antimonopoly Service of Russia reviewed 231 complaints about the non-admission of telecom operators by management companies to serviced homes for the placement and operation of communication networks.
To combat this, the rules of interaction between the telecom operator and the person managing the apartment building were approved. However, as of April 2025, only 30-40% of contracts for the placement of communication networks have been terminated in accordance with the established requirements.
Until now, the Criminal Code continues to evade termination of contracts, impose additional conditions or make payments, and create obstacles to access to homes, according to an explanatory note to the bill. All this restricts competition in the communications services market, discriminates against some operators and infringes on the interests of subscribers.
The new rule provides for amendments to the Code of Administrative Offences of the Russian Federation. The draft law establishes administrative responsibility for persons managing apartment buildings. The penalty is for violating the rules of interaction with the telecom operator during the installation, operation and dismantling of communication networks at common property facilities in the MCD.
Fines will be imposed for such violations. For officials, the amount will be from 10 thousand to 40 thousand rubles. Legal entities will have to pay from 100,000 to 500,000 rubles.
The Ministry of Finance of the Russian Federation participated in the discussions during the preparation of this bill. The press service of the department told Izvestia that amendments to the legislation were required because some criminal codes ignore the provisions of the law on unhindered access of Internet service providers to the MCD.
The adoption of the law is designed to solve a number of tasks. Among them, the Ministry highlights:
— providing citizens with the opportunity to choose a suitable telecom operator for themselves;
— ending the practice of management companies restricting access to home infrastructure to providers;
— stimulating competition in the telecom market.
— Despite the law passed in April 2024, there are still problems with telecom operators' access to apartment buildings. The measure proposed by the senators will become a mechanism for economic impact on violators, the Ministry of Finance is convinced.
The editorial board of Izvestia sent a request to the FAS of Russia. No response has been received at the time of publication.
Just punishment
Indeed, cases of operators being prevented from deploying communication networks are regularly recorded, Senator Oleg Golov notes. This problem is particularly acute when working with large developers who have their own affiliated telecom operators. This situation, in particular, is typical for large cities and luxury housing, says Eldar Murtazin, a leading analyst at Mobile Research Group.
It is not uncommon for residents, especially in new buildings, to have access to only one Internet provider associated with the developer, confirms Dmitry Bondar, a public figure and housing and communal services expert.
— Some operators still have not terminated their contracts with management companies and continue to build a dialogue on their terms. And those, in turn, continue to put various obstacles to other telecom operators following the requirements of the law," recalls Alexey Sturov, President of the Association of Telecom Companies.
At the same time, operators continue to face the problem of placing equipment and communication lines in apartment buildings under construction and commissioned, the expert points out.
— The telecom operator is presented with impossible technical conditions for accommodation or is offered to "enter" an apartment building through the infrastructure of its "pocket" telecom operator under construction or already built, which makes such placement economically impractical, — he explains.
The problem of upgrading existing networks in apartment buildings remains relevant, adds Sturov.
— Management companies find a lot of reasons to delay the approval of project documentation. There are a sufficient number of requests from telecom operators who have not been able to get permission from the management company to modernize the network for six months," the Izvestia interlocutor draws attention.
In this regard, there is a need to strengthen the control and responsibility of management companies for actions aimed at restricting the work and not allowing telecom operators into apartment buildings, he is convinced.
For developers, 500 thousand rubles is a significant fine, Murtazin believes.
"Such penalties are likely to force management companies to weigh the risks, since the amount of the fine may exceed the benefits of an exclusive agreement with one provider,— Bondar agrees.
Large fines will not be able to eradicate the problem completely, but they can minimize the artificial monopolization of the market, Golov expects.
— At the moment, we do not have any other effective tools. We hope that significant financial sanctions will force management companies and developers to think seriously before obstructing the access of operators," the senator emphasizes.
Avoid the chaos
Currently, the decision on the provider's admission to the house is made by the management company or the HOA, depending on the form of ownership of the property. And sometimes unscrupulous persons let operators into the house only for an additional fee, Denis Kuskov, CEO of the information and analytical agency TelecomDaily, draws attention.
The problems related to access, placement of equipment and communication lines are largely related to the unwillingness of the operators themselves to strictly adhere to the requirements of current legislation, Alexey Sturov is convinced.
— Most telecom operators do not want to risk their business, contact regulatory authorities, go to the courts and defend their legal rights, but simply try to "negotiate". Sometimes these "arrangements" help them get rid of competitors. And the current situation confirms this," explains the head of the Association of Telecommunications Companies.
At the same time, since the spring of 2024, a simplified procedure has been in effect, thanks to which the decision of the general meeting of residents is no longer required for the operator to enter the building. It is enough for at least one owner or tenant of the apartment to sign a contract for communication services, Dmitry Bondar reminds.
— The procedure is as follows: the operator prepares a project for the installation of equipment, coordinates it with the management company, and then carries out the work. All this is done at the expense of the provider itself, for the management company it is free," the expert clarifies. At the same time, the operator is fully responsible for the safety of the common property during installation.
Any telecom operator needs to ensure technological regulations, including commitments not to drill walls in the wrong places, conduct wires in a box, observe fire safety, and so on, lists Eldar Murtazin.
The situation with telecom operators' access to apartment buildings today is not uniform, Oleg Golov notes. Small developers who do not have affiliated operators often engage in dialogue — they both conclude exclusive contracts and provide shared access for several providers.
— There is also a practice of free access, when operators enter houses at the finishing stage. In general, in the normal course of events, the market regulates these processes independently," explains the senator.
The problems of placing communication networks are not widespread and do not apply to all management companies, confirms Sturov.
"There are management companies and developers who actively cooperate with telecom operators, as the availability of affordable and high—quality communications in an apartment building increases the comfort level of residents," the source points out.
There are already some tools available at the state level to monitor the implementation of the rules for operators entering the house, adds Bondar.
— For example, a form has appeared on the Gosuslugi portal through which you can file a complaint against the management company that prevents you from choosing an Internet provider, - he says.
The introduction of significant fines for the non-admission of operators to the MCD should be the next step in creating a competitive environment in the home Internet market, the expert believes.
However, it is important to keep in mind that providers can be allowed only as long as there is a technical opportunity to work in a particular house, Kuskov emphasizes. In this regard, it is necessary to clearly define in which cases it will be lawful for the person managing the MCD to refuse the operator.
— After all, if 50 operators come to one house, chaos will ensue, 3-4 players in one building will be enough, — the interlocutor of Izvestia is sure.
Переведено сервисом «Яндекс Переводчик»
