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‘Use of Public Properties’ draft study for consultation
The Use of Public Properties Study has been prepared by the TRA pursuant to Article 35(3) of Law No. 431 of 2002 which states that Conditions for the use of public properties, procedures for requests for such use, and the basis for the allocation of charges, compensations and fees shall be established by a decree issued by the Council of Ministers, upon the proposal of the Minister, based on a study prepared by the TRA and on the opinion of the relevant government authority.

The TRA is making preparations to establish a national broadband and local broadband access licensing process to attract new investment and enable the build-out of new infrastructure that will provide next generation services. A fundamental component of these new networks will be the use of Lebanon’s public properties for fixed and wireless infrastructure, including the use of public rights of way, ducts, poles, towers, rooftops and other related assets and facilities currently owned and administered by the public sector.

In this context, Article 35 of the Telecommunications Law contemplates that all Licensed Service Providers will enjoy non-discriminatory access to public properties for use in connection with Telecommunications infrastructure. Lebanon boasts an extensive public property portfolio that when made available in accordance with Article 35 will greatly reduce the costs to Telecommunications Services Providers of building and operating modern Telecommunications Networks.

Access to the public properties discussed in this study will enable a licensed Service Provider to build its network infrastructure utilizing public Rights of way and existing public, passive infrastructure (such as ducts, poles, towers, etc.) thus reducing network rollout costs and shortening the time to introduce needed services to the businesses and population of Lebanon.

The study provides the basis and rational for the decree stipulated in Article 35(3) of the Telecommunications Law decree and covers the following:

  • The possible built-out scenarios of new networks and the likely public properties as to be used
  • An analysis of the outcome of the due diligence done by the TRA team with some relevant government departments such as MPW&T, MoIM, MW&E, EDL, Water entities, CDR.
  • A legal analysis on the issues that must be addressed in the decree such as the use of public properties, digging up public roads, blocking or disrupting traffic, charges for use of public Rights of Way.
  • Charging principles for access of public properties
  • Concluding recommendations/articles to be included in the decree mentioned above.
Feedback received on the study will help the TRA in finalizing the study and the decree for Use of public Ducts, Poles, Antenna Sites, Rights of Way and Related Public Properties by Licensed Telecommunications Service Providers.

The “Use of Public Properties” draft study is now launched for consultation. Interested parties are kindly requested to submit their feedback before the 31st of March, 2009 after having reviewed the following documents: The feedback can be submitted by email at row-consultation@tra.gov.lb or by courier (hard and soft copy) at the TRA, Marfaa 200 Building Second Floor, Beirut Central District along with Cover Sheet for response to a TRA Consultation.

The final version of this study will be submitted along with the draft Use of Public Properties decree to the Minister of Telecommunications who will in turn submit it to the Council of Ministers for enactment.

 
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