Dostęp do infrastruktury telekomunikacyjnej nie będącej własnością przedsiębiorcy telekomunikacyjnego a ochrona własności nieruchomości
The Access to a Fixed Location not Belonging to Telecommunication Entrepreneur versus the End User’s Right to Choose a Service Provider

Summary/Abstract: The main subject of this article is the presentation of basic differences between the legal construction of the access to a fixed location (telecommunication infrastructure) which belongs to the real property owner who is not a telecommunication entrepreneur (so called the last mile access to property) and the general regulation on the access to the fixed location which belongs to another entrepreneur (which is governed by Art. 139 of the telecommunication law). The law requires the property manager to allow access to the fixed location situated on the real property. He is also entitled to conclude a contract on it. The article concludes that this regulation does not protect the interests of end users, especially those who have a strong legal title to the dwelling space in the building and who are simultaneously the co-owners of the common part of the property. The final conclusion is that the law should protect the common interest of end users so that the decision to establish the access shall be taken by the majority of votes of the end users who have a strong legal title to the dwelling space in the building.

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