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ORDER OF THE GOVERNMENT OF THE RUSSIAN FEDERATION

of November 29, 2014 No. 1284

About approval of Rules of non-discriminatory access to infrastructure for placement of networks of telecommunication

(as amended of the Order of the Government of the Russian Federation of 20.11.2018 No. 1391)

In pursuance of part 3 of article 10 of the Federal law "About Protection of the Competition" Government of the Russian Federation decides:

1. Approve the enclosed Rules of non-discriminatory access to infrastructure for placement of networks of telecommunication.

2. Determine Federal Antimonopoly Service authorized federal executive body by ensuring the state control of observance of the Rules approved by this resolution.

3. To Federal Antimonopoly Service in 3-month time to approve disclosure forms of information, stipulated in Item 10 Rules approved by this resolution, and also rules of filling of the specified forms.

4. Determine what began disclosures of information on conditions of access to infrastructure for placement of networks of telecommunication, and also the beginning of maintaining the register of statements for provision of access to infrastructure, the stipulated in Item 22 Rules approved by this resolution shall be performed within 6 months from the date of entry into force of this resolution.

Russian Prime Minister

D. Medvedev

Approved by the Order of the Government of the Russian Federation of November 29, 2014 No. 1284

Rules of non-discriminatory access to infrastructure for placement of networks of telecommunication

I. General provisions

1. These rules determine conditions and procedure for ensuring non-discriminatory access to infrastructure for placement of networks of telecommunication which is used or can be used for rendering services in the field of public telecommunication.

2. The concepts used in these rules mean the following:

"infrastructure for placement of networks of telecommunication" (further - infrastructure) - special infrastructure facilities and (or) the integrated infrastructure facilities;

"special infrastructure facilities" - the infrastructure facilities which are specially created or adapted for placement of networks of telecommunication (their separate elements) which treat including:

communication constructions, including linearly - cable constructions of communication (except for communication cables, including their part);

buildings, constructions or certain rooms in them which are specially created for placement of networks of telecommunication (their separate elements);

pillar and rack support;

"the integrated infrastructure facilities" - the infrastructure facilities including created for the purposes which are not connected with rendering services of telecommunication which can be used for placement of networks of telecommunication (their separate elements) according to the procedure, established by the legislation of the Russian Federation and which treat including aerial lines of electricity transmission, pillar support, bridges, tunnels, other road constructions and collectors;

"the owner of infrastructure" - subject of natural monopoly which regulation of activities is performed according to the Federal Law of August 17, 1995 No. 147-FZ "About natural monopolies" which is owner of infrastructure and (or) disposes of infrastructure on other legal cause;

"access to infrastructure" - obtaining in temporary use of infrastructure facilities and (or) their parts; "the user of infrastructure" - the person ordering and (or) using access to infrastructure for the purpose of placement of networks of telecommunication and (or) their separate elements based on the paid agreement on provision of access to infrastructure (further - the agreement) with the owner of infrastructure;

"technological capability of access to infrastructure" - ensuring compliance of infrastructure facility to production requirements and regulations of infrastructure by provision of access to this infrastructure facility, including for implementation of the main activities of the owner of infrastructure;

"economic possibility of access to infrastructure" - ensuring compensation of economically reasonable costs and necessary profit of the owner of infrastructure connected with provision of access to infrastructure at the expense of the user of infrastructure.

3. Non-discriminatory access to infrastructure provides equal sales terms of the rights of users of infrastructure irrespective of their form of business, legal relations with the owner of infrastructure. Non-discriminatory access to infrastructure can allow application of the differentiated access conditions which economically and are technologically proved.

4. The state control of observance of the requirements determined by these rules is performed by Federal Antimonopoly Service and its territorial authorities within the established powers concerning observance of the antitrust law of the Russian Federation and the legislation of the Russian Federation on natural monopolies.

5. The ministry of digital development, communication and mass communications of the Russian Federation in accordance with the legislation of the Russian Federation establishes requirements to special infrastructure facilities, created or specially adapted for construction, operation, placement of networks of telecommunication or their separate elements, including production requirements for special infrastructure facilities and regulations of their designing, technical requirements for placement of networks of telecommunication (their separate elements) on special infrastructure facilities, general requirements on maintenance of special infrastructure facilities.

Control over the implementation of the specified regulations and requirements is performed by Federal Service for Supervision in the Sphere of Telecom, Information Technologies and Mass Communications.

6. The federal executive bodies performing functions on development of state policy and normative legal regulation in the respective sphere in coordination with the Ministry of digital development, communication and mass communications of the Russian Federation establish requirements to the integrated infrastructure facilities, including technological regulations and requirements to placement of networks of telecommunication (their separate elements) on the integrated infrastructure facilities, regulations of designing of the integrated infrastructure facilities, other requirements providing possibility of placement of networks of telecommunication (their separate elements) on the integrated infrastructure facilities without prejudice to implementation of core activity of the owner of infrastructure.

Control over the implementation of the specified regulations and requirements is performed by state supervision bodies in the respective sphere.

II. General terms of non-discriminatory access for users to infrastructure

7. Application of these rules is performed proceeding from the following principles:

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