Law on non-discriminatory access of telecom operators to apartment buildings

2025: Management companies, contrary to the law, continue to prevent telecom operators from entering high-rise buildings. The Ministry of Digital Development deals with a problem

Back in April 2024, a law on non-discriminatory access of telecom operators to apartment buildings (MKD) came into force in Russia, but even a year later, cases are recorded in the country when management companies prevent an increase in the number of Internet providers in high-rise buildings. In April 2025, the head of the Ministry of Digital Science Maksut Shadayev said that the department is developing proposals to regulate the access of telecom operators to new buildings.

The Ministry of Digital Development raised this issue after a hacker attack on the Internet provider Lovit, working in buildings from the developer PIK. The cyber attack began on March 21, 2025, and on March 23, Lovit restored access to the Internet, but the attack lasted several days. Against this background, citizens living in the residential complex of the PIK developer faced problems with the entrance to the entrances.

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Фото: Freepik

According to TAdviser in the Ministry of Digital Development, by mid-April 2025, the introduction of administrative responsibility is being discussed for management companies, which, despite the adopted law, do not allow operators to enter the MKD. The ministry also interacts with regional authorities, which have the authority to oversee management companies and can suppress cases of violations of the law.

We continue to analyze law enforcement practice and study problematic issues in terms of interaction between telecom operators and management companies. Based on the results of this work, we will decide on the need to commit legislation and other regulatory legal acts, the Ministry of Ministry of Digital Development added.

In a conversation with TASS on April 15, 2025, Maksut Shadayev said that telecom operators affiliated with developers should not be the only ones in new buildings, competition should already be at the stage of commissioning the house.

The key here is not the number of operators. Here it is important for us to be competitive. Or so that the connection point is taken to where different operators are present, so that there are no problems with gaining access to the house - technically, the minister emphasized.

The telecom companies interviewed by TAdviser admitted that despite the law in Russia, there are frequent cases of discrimination against the access of telecom operators to apartment buildings. The press service of ER-Telecom Holding JSC listed several key problems:

• management organizations refuse to place communication networks free of charge;
• they mislead residents about the quality of operator services in order to achieve the dismantling of networks with non-payment for placement;
• equipment is deliberately disconnected from the power supply, communication networks are spoiled;
• intermediaries appear, requiring payment from operators.

MTS is also aware of cases when representatives of telecom operators are denied access to houses to place communication networks in order to provide communication services to new subscribers, and they are also not allowed to eliminate accidents and service existing communication networks. Subscribers located in neighboring institutions and organizations also suffer from this. In some cases, they raise the fee for the part of the communication network used to provide communication services to users - owners of non-residential premises, if, for example, a pharmacy, a hairdresser, a store, etc. is located in the house, TAdviser was told in MTS.

In addition, some Criminal Code are trying to take money from providers for installing video cameras in houses as part of state contracts for the Smart City and Safe City projects in the regions of the Russian Federation.

ER-Telecom Holding considers it necessary to establish responsibility for management organizations, empower the FAS to control the implementation of the law, consolidate the free placement of communication networks between houses in a transit way to provide residents with Internet access, as well as extend the deadlines for bringing placed networks in accordance with technical requirements. "

Rostelecom also announced the need to ensure non-discriminatory access for several providers to apartment buildings. The press service of the telecom operator states that due to unfair actions of individual management companies, subscribers are limited in choosing an operator. This is due to the reluctance of individual management companies to lose income by monopolistically interacting with "pocket" operators, Rostelecom added.

TransTeleCom is confident that as part of the work to eliminate discrimination against Internet providers when accessing the MKD, it is necessary to carry out explanatory work through the organizations controlling the Criminal Code and HOA, identify such cases, analyze and eliminate them. It is also necessary to collect feedback from operators on the unfair activities of the Criminal Code and HOA in terms of restricting access and introducing responsibility for it.

The Ministry of Digital Development said that the department analyzes all incoming problematic issues - both from citizens and from telecom operators. For appeals, a special service has been created on Public services (https://pos.gosuslugi.ru/landing/) - in the category "Communication and Television," the subcategory "Problems with the placement of communication networks in apartment buildings," the ministry said.

2024

"While we write letters, subscribers will scatter." The law on the free access of telecom operators in the house faced problems

During the application of the new law on non-discriminatory access of telecom operators to apartment buildings (67-FZ from 06.04.2024) and the rules governing the interaction of telecom operators and management companies of apartment buildings (PP-1055 of 06.082024), a number of problems were found. Representatives of the industry voiced them on November 19, 2024 at a round table in the Federation Council.

The new law assumes that providers who continue to work in their homes of presence will be required to reinstall all their equipment for providing Internet access services within a year according to the same established standards. Also one of the fundamental changes is that these relationships are now built on a free basis: previously, management companies could charge for accommodation. But to work on the 67-FZ, it is necessary to renegotiate contracts with management companies of apartment buildings. At the round table in the Federation Council, statistics were cited that to date, operators have managed to renegotiate only 10% of contracts.

Representatives of the operators noted that in some regions they faced opposition from management companies that refuse to renegotiate contracts, ignore their requests, turn off the power supply and refuse access to facilities.

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Фото: GK "Airplane"

So, Pavel Kiselev, head of the judicial department of Akado Telecom, said that it is not uncommon for them to write about renegotiating the contract of the management company, and the latter refuses this. As a result, about 80% of contracts stuck in an incomprehensible essence and await further resolution. There are also problems with access to homes, and the process of writing letters and appeals to authorities to solve such situations is usually stretched over time, while subscribers need Internet access services constantly: "As long as we write letters, subscribers will scatter from us."

The head of the department for interaction with bodies state power MTS Natalya Velikorodnaya, in particular, mentioned that the condition for free relations with operators so far causes rejection by management companies. There are also cases when management companies sue that networks in homes do not meet technical requirements, despite the fact that the law gives operators a year to bring networks into compliance.

Recently, at a meeting in DIT Moscow, one of the operators voiced the assessment that only about 15% of management companies communicate normally with operators. Natalia Velikorodnaya mentioned this, noting that in the rest of the "all kinds of opposition." MTS experiences the most problems with access to residential buildings, for example, in Tatarstan, in Moscow.

We noticed that where the authorities, after the adoption of the law, sent explanations or letters to management companies and others with them that the law had entered into force and it was necessary to comply with it, things were going much better there, "said Natalya Velikorodnaya, citing the example of the Moscow region and the Krasnoyarsk Territory. - Such letters help.

Director of the Department of Products, Tariffs and Promotion of Rostelecom Artyom Hon did not agree that the letters had a positive impact, for example, in Yekaterinburg and Krasnodar. According to him, in Krasnodar, in particular, Rostelecom faced an unofficial message that it would have to pay management companies. And since Krasnodar is a large market, Rostelecom is cautious about making a decision there.

Artyom Hon also noted that negative practice most often occurs in the case of large management organizations.

Anatoly Golomolzin, Deputy Chairman of the Commission of the Russian Union of Industrialists and Entrepreneurs for Communications and ICT, who has 20 years of experience in the FAS, cited the following among the identified problems: sometimes intermediary organizations begin to stand up in the contract chain between telecom operators and management companies and some operators are imposed a fee for the placement of communication networks, including under contracts with another subject. Similar cases have been recorded in several regions.

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Фото: From Anatoly Golomolzin's presentation at a round table on November 19

In addition, organizations are sometimes located in houses - for example, shops. It is also necessary to conclude contracts there, and such are concluded on a paid basis, but the management company begins, for example, to significantly increase the price in relations in these segments. Moreover, the increases can be multiple, notes Anatoly Golomolzin. And sometimes there are threats that meetings of homeowners will be held to dismantle the networks.

There is a need to fully resolve these issues. The problem is that the PP-1055 does not explicitly contain responsibility for violating the established rules for operators' access to apartment buildings. And often, when they turn to the housing inspectorate for some violations, they often receive an answer that they did not explain that this does not belong to their competence.

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Фото: From Anatoly Golomolzin's presentation at a round table on November 19

It is necessary to pay attention to the fact that there are no regulations for the actions of the authorities in terms of fulfilling the requirements of the PP-1055. Now explanations are just beginning to form, some of them have already been prepared Ministry of Digital Development, but there are many questions, and another portion of explanations is needed in order to significantly improve the situation on the market.

The Ministry of Digital Development also created a situation center for appeals in case of problem situations. But Dmitry Tur, Director of the Department of State Regulation of the Ministry of Digital Development Telecommunications Market, stated at a round table in the Federation Council that operators are not sufficiently taking advantage of this opportunity.

Unified rules of interaction between telecom operators and management companies of apartment buildings approved

The Government of the Russian Federation published on August 6, 2024 published Decree No. 1055, which regulates the interaction between the telecom operator and the person managing the apartment building (MKD) during the installation, operation and dismantling of^[1] networks^[2]." The rules of interaction were adopted in compliance with the provisions of the law on the free access of telecom operators to apartment buildings.

The rules cover the key stages of interaction between the telecom operator and the management company:

• preparation of the project for installation of communication networks;
• installation, operation and dismantling of communication networks;
• access to objects of common property in the MKD;
• elimination of damage caused to the common property of the MKD, as well as communication networks.

In addition, they establish standard requirements for the installation of communication networks at common property facilities.

To place communication networks at the facilities of the common property of the MKD, the operator needs to obtain a decision of the management company, which is accepted following the consideration of the request. Moreover, the request can be rejected in cases, for example, when an apartment building is declared emergency and is subject to demolition or reconstruction. Reasons for deviation shall be specified in the motivated refusal.

After the operator's admission to the objects of common property of the MKD, they are inspected and subsequent preparation of the project for the installation of communication networks, which is agreed with the management company. If there are risks of implementation of such a project, as well as violation of the requirements for design characteristics, the project is sent for revision with subsequent approval.

The rules provide for the procedure of installation works and requirements for documentation confirming their implementation. The telecom operator is provided, among other things, with the requirement to supply communication networks with identification means.

The grounds for dismantling the equipment are a court decision, termination of communication services by the operator, a decision of the general meeting of the owners of the premises or failure to fulfill the operator's obligation to label communication networks. Information on dismantling is published in the information systems of housing and communal services and on the official website of the management company, if any.

Access of the telecom operator to the objects of common property of the MKD to eliminate damage caused by the installation of the telecom network is provided on the basis of a certificate of detection of damage and violations. The certificate shall be drawn up by the management company in the presence of the operator's representative. In case of disagreement with the above circumstances, the telecom operator shall make a corresponding entry in the certificate.

The management company notifies the telecom operator of the detection of any damage to communication networks, including caused by an emergency in the MKD. In case of damage to communication networks as a result of the work of third parties, the management company shall draw up and send a damage certificate to the telecom operator.

According to the legislator, the approved rules affect 5,154 thousand telecom operators and 913,788 thousand management companies, and the cost of complying with the requirements established by the document for market participants will amount to more than 3 billion rubles for 6 years.

Adopted a law on the free access of providers to apartment buildings

On April 6, 2024, No. 67-FZ was adopted, simplifying the access of telecom operators to apartment buildings (MKD). One of the key innovations is to install networks in order to provide services to the subscriber, now there is no need for a decision of the general meeting of owners.

Our bill solves two problems. The first is freedom and the right of a citizen to choose an operator for himself, the second is to restore order in houses. For the first time, we establish uniform requirements for the placement of communication networks in the MKD, - wrote the head of the State Duma Committee on Information Policy Alexander Khinshtein in his Telegram channel.

The new law defines the rights of owners of premises in apartment buildings and telecom operators:

• residents of the MKD receive the right to choose the right provider and conclude individual contracts;
• telecom operators (Internet providers) on the basis of an agreement with the owner or employer have the right to mount networks in the MKD free of charge;
• expenses for electricity and equipment for communication organization fall on the telecom operator;
• the telecom operator is responsible for the preservation of common house property - it is obliged to compensate or restore the damage caused at its own expense;
• the general meeting of owners has the right to cancel any decision on the provider's access to the house - this will require at least 2/3 of the votes of the residents of the MKD.

Providers who continue to work in an apartment building will be required to reinstall all all their equipment within a year according to uniform standards. Internet providers with whom contracts are not renegotiated will have to dismantle this equipment.

We will be able to achieve the goal set by the president - to provide 98% of all households with access to ultra-fast Internet by 2030. Well, the residents of the MKD will finally get rid of "telecom slavery" and "mess" in the entrances, - said Alexander Khinshtein.[3]

See also

Internet access (Russian and CIS market)

Notes