SUPREME COURT REAFFIRMED FAS POSITION ON INEXPEDIENCY OF REVISING RULES OF NON-DISCRIMINATORY ACCESS TO INFRASTRUCTURE

The document does not contradict current legislation and does not violate the rights of market participants

The appellate instance of the Supreme Court of the Russian Federation rejected a complaint from network companies to invalidate certain provisions of the Rules of non-discriminatory access to infrastructure for the placement of telecommunication networks*. According to the operators, certain provisions of the Rules contradict the law “On Communications”.

The FAS Russia notes that, in accordance with the document, tariffs for telecom operators’ access to infrastructure for hosting telecommunication networks are set at the level of economically justified expenses of its owners. In addition, the rules were adopted in full compliance with regulatory acts and do not violate the rights and interests of telecom companies.

Two instances of the Supreme Court upheld the arguments of the FAS Russia.

*Approved by the Decree of the Government of the Russian Federation of November 22, 2022, No. 2106