Telecommunication access to the Orange cable sewage system

Telecommunications access in accordance with the statutory definition specified in art. 2 point 6 of the Telecommunications Law allows the use of telecommunications equipment, associated facilities or services provided by another telecommunications undertaking, under certain conditions, for the purpose of providing telecommunications services. Telecommunications access may include, among others on access to buildings and telecommunications infrastructure. The infrastructure also includes cable ducts.
Access to the cable duct allows other operators to place their own cable or telecommunication cables in the cable duct opening, which contributes to the expansion of the telecommunications network and, consequently, enables the extension of the group of recipients of services. A number of obligations related to access to cable ducts rests on operators with significant market position. On the basis of the decision of the President of UKE of September 3, 2001, No. DRT-WK-1/2001, Telekomunikacja Polska SA (TP SA) was recognized as an operator with significant market position. Therefore, pursuant to art. 221 section 1 point 1 point c) of the Telecommunications Law, an entity with significant market position is required to provide access to its telecommunications infrastructure. Currently, this obligation has been transferred to Orange Polska  SA which was established as a result of merger with PTK Centertel and TP SA and rebranding.
Based on Article. 42 section 1 of the telecommunications law as a result of determining an entity with significant market position, the President of UKE may impose on this entity the obligation to prepare and submit a draft reference offer on telecommunications access, the degree of detail of which will be specified in the decision. Such entity must provide infrastructure, network etc. to other operators under the terms of the reference offer. The framework agreement on telecommunications access must not discriminate against any of the operators, thus it should be transparent and its terms and conditions constructed in an identical manner for all operators wishing to use the infrastructure. Moreover, pursuant to art. 43 paragraph 1 of the Telecommunications Law, the President of UKE must approve this reference offer by decision.
On access to cable ducts, the President of UKE issued a decision approving the reference offer of November 23, 2012, No. DHRT-WORK-6082-7 / 11 (179). Therefore, agreements regarding access to cable ducts with Orange are regulated agreements. The current reference offer is available on the UKE website at https://www.uke.gov.pl/files/?id_plik=9533 . The reference offer defines the essential conditions of telecommunications access agreements, which cannot be deteriorated for the other party to the contract, but not for the party obliged to use the offer as a result of negotiations between telecommunications undertakings. As pointed out by the Court of Competition and Consumer Protection in its judgment of 3 October 2008,  ref. act XVII Amt 62/07, a significant operator is required to conclude contracts on terms not worse than those contained in the current reference offer. The content of the concluded Orange agreement within 14 days of its conclusion is forwarded to the President of UKE, which reinforces the control of compliance with the obligation of transparency of non-discrimination.
The monthly fee for the use of cable ducting is specified in the template Part III,   Chapter I of the contract. This height is calculated on the basis of a rather complicated mathematical formula in which various coefficients are used. She is addicted to, among others on the length of the network sections and the administrative zone (i.e. the size of the urban center). In addition, Orange charges a supervision fee.
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