Informative Notice
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Construction of networks and infrastructure
The construction, installation, operation or maintenance of public communications networks and associated infrastructure in accordance with regulations shall be in the public interest. The construction of electronic communications networks and the associated infrastructure for the purposes of security, police, defence, protection, rescue and relief, as well as the construction of other electronic communications networks and the associated infrastructure on real estate owned by bodies governed by public law, constructed both above and below this real estate, shall be considered to be in the public interest.
Where practically and technically feasible, and to protect the environment, public health, and public safety, and to limit unnecessary spatial developments, communications networks and associated infrastructure must be constructed such as to enable their joint use, and in accordance with the principles of sustainability. To this end, broadband deployment must always envisage and establish common access points.
In multiple dwellings and commercial buildings, the physical communications infrastructure must be planned and constructed up to common access points, and passive communication infrastructure in the shared parts of the building for high-speed electronic communication must be provided; The project and construction phase of such infrastructure must envisage and establish a distribution point so as to enable individual operators to access each part of the building separately. The above shall also apply mutatis mutandis to the reconstruction of physical or passive communications infrastructure in buildings. The cost of planning and construction of physical or passive communications infrastructure referred to in this paragraph is included in the overall investment in construction or reconstruction of a multiple dwelling or commercial building.
However, this obligation does not apply to construction and reconstruction of buildings of total surface area below 50 m2, agricultural and forest buildings, buildings used exclusively for religious purposes, buildings protected because of their particular historical, cultural or architectural value, and other buildings where the fulfilment of the obligation referred to in the preceding paragraph would result in expense disproportionate to the overall cost of the project.
The operator of the infrastructure (both the network operator and the physical or natural person providing the physical infrastructure used for other types of public economic infrastructure) must, no later than thirty (30) days prior to the issuing of the order to produce the project documentation required to obtain a building permit or, when a building permit is not required, not later than sixty (60) days prior to the commencement of works, inform the Agency of the intention to commence the planned construction and issue a call to interested investors (in electronic communications network and associated infrastructure) in the joint planning or construction of the electronic communications network and associated infrastructure.
Any construction of communication facilities requires a building permit to be issued and the commencement of works to be announced in compliance with the Building Act, except for simple communication facilities. "Communications facility" means a building or civil engineering structure, which is part of an electronic communications network and associated infrastructure, including any device, equipment and infrastructure that is not a facility under the regulations on the construction of facilities (point 28 of Article 3 of the Electronic communications Act).
However, the rules on acquiring easement apply to construction of both complex and simple communication facilities on private property.
Upon the completion of construction the owner must send data on the communication network and associated infrastructure to the Surveying and Mapping Authority of the Republic of Slovenia that will enter them in the Consolidated Cadastre of Public Infrastructure.
Applies for SKD:
- Construction of utility projects for electricity and telecommunications F42.220
Conditions
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The activity is subject to prior registration and selection of a relevant status..
Services providers are legal or natural persons offering storage and accompanying services on the market to other natural persons or legal persons.
Services providers must fulfil the following general conditions:
- they are registered with the competent court or other authority;
- that no compulsory settlement, bankruptcy or liquidation procedure or any other procedure resulting in or aiming at abandonment of business has been introduced or initiated against the provider,
- that their operations are not conducted by forced administration or that, pursuant to regulations of the country of establishment, no other procedure similar to those mentioned has been introduced;
- they have been convicted in a final judgement for an offence in relation to corruption, while the judgement has not yet been erased; are economically and financially capable,
- no serious professional mistake have been proven to have been made by the provider in any way in the field related to the capture, storage and accompanying services.
Subject to prior notification of the AKOS the relevant electronic communications regulations allow for cross-border provision of services.
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Access point means an element of electronic communications network that enables physical connection with the location of each user (e.g. street cabinet).
Communications networks and associated infrastructure - communication facilities - must always, insofar as actual and technical conditions permit, enable common use, therefore it is always necessary to envisage and establish an access point which allows the sharing of the accessible part of network (paragraph five of Article 9 of ZEKom-1).Legal basis
- Electronic Communications Act (ZEKom-2)
- Decree of craft activities
- List of relevant secondary educational programs and national vocational qualifications to perform specific craft activities
Administrator of Legislation
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In multiple dwellings and commercial buildings, the physical communications infrastructure must be planned and constructed up to common access points, and a passive communication infrastructure in the shared parts of the building for high-speed electronic communication must be provided; The project and construction phase of such infrastructure must envisage and establish a distribution point so as to enable individual operators to access each part of the building separately. The above shall also apply mutatis mutandis to the reconstruction of physical or passive communications infrastructure in buildings. The cost of planning and construction of physical or passive communications infrastructure is included in the overall investment in the construction or reconstruction of a multiple dwelling or commercial building.
The distribution point (concentration or distribution point)is a physical point in a building that is accessible by network operators and where the building physical and passive communication infrastructure may be connected.
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The infrastructure operator shall notify the Agency of the intention to commence the planned construction and issue a call to interested joint investors in the joint construction of the electronic communications network and associated infrastructure:
- not later than thirty (30) days prior to the issuing of the order to produce the project documentation required to obtain a building permit
or - not later than sixty (60) days prior to the commencement of works in cases when no building permit is required.
- not later than thirty (30) days prior to the issuing of the order to produce the project documentation required to obtain a building permit
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Simple communication facilities are defined in the Rules on simple communications facilities and maintenance of communications facilities; for these facilities no building permit and no notification of commencement of works is necessary.
This primarily refers to the following communication facilities:
- buildings with a net surface of less than 30 m2 or a height of less than 4 m,
- engineering structures with a height 10 m or communication towers with attached antennas and electronic communication devices that do not exceed the height of the existing structure for more than 10 m.
The Rules also contain a list of maintenance works on communication facilities that are considered maintenance works of public interest in addition to works listed in paragraph three of Article 9 of the Electronic Communications Act (ZEKom-1) . Pursuing to the Building act for maintenance works no building permit and no notification of commencement of works is necessary.
The construction of a simple communication facility does not require a building permit; however, you shall abide by the following:- construction regulations,
- provisions of the Uredba o elektromagnetnem sevanju v naravnem in življenjskem okolju (Decree o electromagnetic radiation in natural and living environment) , and
- spatial plans of the municipality in the territory of which the construction is carried out, or in areas governed by national spatial plans.
You should inspect those acts or apply for location information to be issued by the competent municipality in order to verify whether construction is allowed on the envisaged location or the location is protected on the basis of a special regulation (nature or water protected areas, buffer zones along roads, power lines, gas pipelines, etc.). Acquisition of location information is no longer mandatory, however, this is a useful document, as it contains information concerning the area and applicable spatial acts requirements and measures (form).
If the location of the planned construction is protected on the basis of a special regulation (protected area, buffer zone) the investor must obtain approval of the planned construction from the relevant approving authority.
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Any construction of communication facilities that are not simple facilities in compliance with the Pravilnik o enostavnih komunikacijskih objektih in vzdrževanju komunikacijskih objektov (Rules on simple communications facilities and maintenance of communications facilities) requires a final building permit to be issued and the commencement of works to be announced in compliance with the Building Act. Commencement of works must be announced eight days before the actual launching of the construction.
The structure under construction must be in compliance with the spatial act applicable to the area where the structure is located, and with building regulations and regulations governing the preparation of opinions to the documents that are the basis for the issue of the building permit.
For complex and less complex facilities that required a building permit, an operating permit must be issued.
Legal basis
Links
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Construction on private real estate requires the creation of an easement in compliance with Articles 16 to 23 of the Zakon o elektronskih komunikacijah (Electronic Communications Act (ZEKom-1).
The communication network operator that is the easement beneficiary must submit to the owner of the servient estate a draft contract. This draft contract must contain, in compliance with Article 20 of the Electronic Communications Act (ZEKom-1), a clause on the amount of cash compensation for the easement, and a clause permitting the use of your communication facilities for other providers of electronic communications networks. For more on common use refer to Articles 91 to 93a of Zakon o elektronskih komunikacijah (Electronic Communications Act).
The amount of cash compensation for the easement must take into consideration the requirements and limitations referred to in paragraph four of Article 20 of the Electronic Communications Act, which provides for a compensation for the permissibility of communications-facility sharing by the party with the right of use and other legal entities as well as natural persons providing electronic communications networks in accordance with the provisions of this Act (the permissibility of communications-facility sharing clause is a mandatory elements of an easement contract).
If the owner of the real estate fails to sign the draft contract within ten days of its receipt, the investor may require that the competent administrative unit decide on the creation of an easement. Such decision shall contain a mandatory provision governing the permissibility of communications-facility sharing by the party with the right of use and other legal entities and natural persons providing electronic communications networks in accordance with the provisions of this Act.
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After the termination of construction the investor or the operator of the communication network must send data on its location and route, type and current use of the communication network and associated infrastructure, including the number of lines, to the Surveying and Mapping Authority of the Republic of Slovenia that will enter them in the Consolidated Cadastre of Public Infrastructure; and, for access points, also data on its fixed location, current status and capacity.
Cross-border/temporary provisions of activity
The activity of maintaining communication facilities is not subject to the Services Directive. The same conditions apply for cross-border performance of activities as for the Slovenian entity that is implementing the activity of maintaining communication facilities.