Fibre-optic Installations in Buildings
In recent years, particularly in major cities, the construction of fibre-optic networks (FTTH - Fibre to the Home) has been expanding rapidly. These broadband networks provide ultra-high-speed internet access. Considering the objectives set out in the Strategy for the Development of Broadband Access in the Republic of Croatia for 2012-2015, as well as the targets of the Digital Agenda for Europe 2020 — namely to ensure broadband access of at least 30 Mbit/s for all households and to secure subscriptions of 100 Mbit/s or more for at least 50% of households — the rollout of such networks is expected to accelerate further in the forthcoming period.
In order for end users to have access to broadband speeds exceeding 100 Mbit/s, fibre-optic cables must be brought directly to the end-user premises. In the case of end users located in multi-dwelling (or business) buildings with multiple co-owners, this requires the installation of new fibre-optic infrastructure in the common areas of the building. An operator intending to deploy fibre-optic installations within a building is obliged to conclude an agreement with the (co-)owners before installation.
HAKOM, on the one hand, aims to reduce unnecessary costs for operators arising from the duplication of installations within buildings, and on the other hand, to protect co-owners’ property from alterations to the interior caused by the installation of multiple unnecessary networks. Through regulations, HAKOM has therefore obliged operators constructing or deploying fibre-optic distribution networks (FDNs) in buildings located within the coverage area of such networks—but lacking existing fibre-optic infrastructure—to conclude agreements with the (co-)owners for the installation of fibre-optic infrastructure extending to each apartment or business unit within the building. Under such an agreement, the operator becomes the “building operator” in accordance with the Ordinance on Manner and Conditions for Access to and Shared Use of Electronic Communications Infrastructure and Other Associated Equipment. The building operator is required to provide access to the fibre-optic installations to all other operators, thereby allowing (co-)owners (or the occupants of apartments or business units) to choose their service provider freely. At the same time, this approach enables all operators to provide services to all end users without the need to install their own fibre-optic networks within the building.
In order to familiarise all interested parties with the new regulations and raise awareness among the (co-)owners of residential and commercial buildings about the need to install fibre-optic infrastructure—and to explain the benefits of such installations, the conditions for their deployment, and the rights and obligations of all participants (co-owners, users, and operators)—HAKOM has published a practical and informative brochure entitled “Fibre Optics Are Coming to Your Building…”.
The brochure was printed in cooperation with the Coordination of Tenants’ Associations of the Republic of Croatia (KUSRH) and in consultation with fibre-optic network operators and the Association of Residential and Commercial Building Managers. It is freely available for download and distribution in both electronic and printed form.
“Fibre Optic Deployment in Buildings: An Informative Brochure”.pdf
Framework Agreement on the Installation, Management, Maintenance, and Replacement of Fibre-Optic Installations (hereinafter: Framework Agreement)
Given the practical challenges that arise when installing electronic communications infrastructure in buildings, and in view of the new regulations entering into force (the Regulation on Fibre-Optic Distribution Networks and the Ordinance on the Manner and Conditions for Access to and Shared Use of Electronic Communications Infrastructure and Related Equipment), which require formal agreements between (co-)owners and operators, HAKOM has recognised the need for a Framework Agreement to be used between building (co-)owners and the designated building operator. This Framework Agreement, while legally non-binding, is designed to help (co-)owners and operators formally define their mutual relationships, ensuring regulatory compliance and helping to prevent misunderstandings or disputes. As a model for agreements between (co-)owners of residential and commercial buildings and the designated building operator, the Framework Agreement was published by HAKOM following consultations and agreement with the Coordination of Tenant Associations of the Republic of Croatia (KUSRH), the Association of Building Managers, and operators constructing fibre-optic distribution networks. The building operator is selected by the (co-) owners to install, maintain, and manage the fibre-optic infrastructure. By signing such an agreement, (co-)owners and users of apartments or business premises gain access, without any personal investment, to the most advanced services from any operator, indirectly increasing the value of their property. The building operator with whom the (co-) owners have signed the agreement also assumes maintenance of the fibre-optic installation.
Under the published Framework Agreement, the building operator is the owner of the installations deployed in this manner. Moreover, even after the agreement expires or is terminated, the building operator retains ownership of the installed fibre-optic infrastructure, which may either be sold to a newly appointed building operator—generally a more cost-effective option than installing new infrastructure—or acquired directly by the building’s co-owners. It is important to note that, under the Framework Agreement, the building operator is obliged to ensure continuity of maintenance services and the replacement of installed equipment for up to 12 (twelve) months following the termination of the agreement, or until the handover to another building operator selected by the (co-)owners.
The published Framework Agreement is not legally binding and may be amended by mutual agreement between the (co-)owners and the operator. It is also important to note that, although the Agreement specifically covers the installation, management, maintenance, and replacement of fibre-optic infrastructure, it may, where appropriate, be applied to the contractual relationship between (co-)owners and operators for other types of electronic communications infrastructure within buildings (e.g., coaxial (DOCSIS 3.0) installations).
Framework Agreement on the Installation, Management, Maintenance, and Replacement of Fibre-Optic Infrastructure in Buildings
LEGAL NOTICE:
The information contained in the Framework Agreement is provided for general informational purposes only. Accordingly, HAKOM accepts no responsibility for any damage or loss that may arise in connection with the use of the Framework Agreement. Any use of the Framework Agreement is entirely at the user’s own risk and responsibility. None of the information contained in the Framework Agreement should be construed as legal advice.
In order for end users to have access to broadband speeds exceeding 100 Mbit/s, fibre-optic cables must be brought directly to the end-user premises. In the case of end users located in multi-dwelling (or business) buildings with multiple co-owners, this requires the installation of new fibre-optic infrastructure in the common areas of the building. An operator intending to deploy fibre-optic installations within a building is obliged to conclude an agreement with the (co-)owners before installation.
HAKOM, on the one hand, aims to reduce unnecessary costs for operators arising from the duplication of installations within buildings, and on the other hand, to protect co-owners’ property from alterations to the interior caused by the installation of multiple unnecessary networks. Through regulations, HAKOM has therefore obliged operators constructing or deploying fibre-optic distribution networks (FDNs) in buildings located within the coverage area of such networks—but lacking existing fibre-optic infrastructure—to conclude agreements with the (co-)owners for the installation of fibre-optic infrastructure extending to each apartment or business unit within the building. Under such an agreement, the operator becomes the “building operator” in accordance with the Ordinance on Manner and Conditions for Access to and Shared Use of Electronic Communications Infrastructure and Other Associated Equipment. The building operator is required to provide access to the fibre-optic installations to all other operators, thereby allowing (co-)owners (or the occupants of apartments or business units) to choose their service provider freely. At the same time, this approach enables all operators to provide services to all end users without the need to install their own fibre-optic networks within the building.
In order to familiarise all interested parties with the new regulations and raise awareness among the (co-)owners of residential and commercial buildings about the need to install fibre-optic infrastructure—and to explain the benefits of such installations, the conditions for their deployment, and the rights and obligations of all participants (co-owners, users, and operators)—HAKOM has published a practical and informative brochure entitled “Fibre Optics Are Coming to Your Building…”.
The brochure was printed in cooperation with the Coordination of Tenants’ Associations of the Republic of Croatia (KUSRH) and in consultation with fibre-optic network operators and the Association of Residential and Commercial Building Managers. It is freely available for download and distribution in both electronic and printed form.
“Fibre Optic Deployment in Buildings: An Informative Brochure”.pdf
Framework Agreement on the Installation, Management, Maintenance, and Replacement of Fibre-Optic Installations (hereinafter: Framework Agreement)
Given the practical challenges that arise when installing electronic communications infrastructure in buildings, and in view of the new regulations entering into force (the Regulation on Fibre-Optic Distribution Networks and the Ordinance on the Manner and Conditions for Access to and Shared Use of Electronic Communications Infrastructure and Related Equipment), which require formal agreements between (co-)owners and operators, HAKOM has recognised the need for a Framework Agreement to be used between building (co-)owners and the designated building operator. This Framework Agreement, while legally non-binding, is designed to help (co-)owners and operators formally define their mutual relationships, ensuring regulatory compliance and helping to prevent misunderstandings or disputes. As a model for agreements between (co-)owners of residential and commercial buildings and the designated building operator, the Framework Agreement was published by HAKOM following consultations and agreement with the Coordination of Tenant Associations of the Republic of Croatia (KUSRH), the Association of Building Managers, and operators constructing fibre-optic distribution networks. The building operator is selected by the (co-) owners to install, maintain, and manage the fibre-optic infrastructure. By signing such an agreement, (co-)owners and users of apartments or business premises gain access, without any personal investment, to the most advanced services from any operator, indirectly increasing the value of their property. The building operator with whom the (co-) owners have signed the agreement also assumes maintenance of the fibre-optic installation.
Under the published Framework Agreement, the building operator is the owner of the installations deployed in this manner. Moreover, even after the agreement expires or is terminated, the building operator retains ownership of the installed fibre-optic infrastructure, which may either be sold to a newly appointed building operator—generally a more cost-effective option than installing new infrastructure—or acquired directly by the building’s co-owners. It is important to note that, under the Framework Agreement, the building operator is obliged to ensure continuity of maintenance services and the replacement of installed equipment for up to 12 (twelve) months following the termination of the agreement, or until the handover to another building operator selected by the (co-)owners.
The published Framework Agreement is not legally binding and may be amended by mutual agreement between the (co-)owners and the operator. It is also important to note that, although the Agreement specifically covers the installation, management, maintenance, and replacement of fibre-optic infrastructure, it may, where appropriate, be applied to the contractual relationship between (co-)owners and operators for other types of electronic communications infrastructure within buildings (e.g., coaxial (DOCSIS 3.0) installations).
Framework Agreement on the Installation, Management, Maintenance, and Replacement of Fibre-Optic Infrastructure in Buildings
LEGAL NOTICE:
The information contained in the Framework Agreement is provided for general informational purposes only. Accordingly, HAKOM accepts no responsibility for any damage or loss that may arise in connection with the use of the Framework Agreement. Any use of the Framework Agreement is entirely at the user’s own risk and responsibility. None of the information contained in the Framework Agreement should be construed as legal advice.