SUPREME COURT UPHELD FAS POSITION

The fee for access to the infrastructure is set at the level of economically justified expenses of its owners

Network companies appealed to the Supreme Court of the Russian Federation with a claim that some provisions of the Rules of Non-discriminatory Access to Infrastructure for Telecommunication Networks developed by FAS Russia* contradict the law "On Communications".

Operators indicated that the disputed provisions allowed the same costs to be reimbursed twice to the owner of the infrastructure facility, impose unfavorable terms of the contract, as well as reimburse expenses that were not actually incurred by the owner of the infrastructure. 

According to the Rules* non-discriminatory access may involve the application of economically and technologically sound differentiated conditions for access to infrastructure.

FAS Russia notes that tariffs for telecom operators’ access to the infrastructure for hosting telecommunication networks are set at the level of economically justified expenses of its owners.

The service also informs that the Rules of non-discriminatory access have been adopted in full conformity with regulatory acts and do not violate the rights
and interests of telecom companies.

The Supreme Court supported the arguments of FAS Russia and refused to satisfy the telecom operators’ claim for invalidation of items 1, 4, 5, 6, 8, 11 of the Article 39 of the Rules for Non-discriminatory Access to Infrastructure for the Placement of Telecommunication Networks.

Reference:

* Approved by Resolution of the Government of the Russian Federation
of November, 2022 No. 2106