Can a neighbor prevent the installation of optical fibers? Laws and permits
In most of the existing and new buildings Fiber installation in the building So we just have to hire a technician who does what is compatible in our house but not in the common areas. If the floor is new, you don’t even need to “open” the wall of your home because the installation is usually ready for a technician’s arrival Connecting cables. But this is not always the case. We may not have fiber installed in the building and we need to request this.
Can a neighbor prevent us from installing fibers?
Do we need all the neighbors on the Angel Community Board of Directors to give us their consent? Does the operator need permission to place the box on the front? Need a vote to put fibers into the building because one neighbor wants it? It depends. There are many factors to consider …
We have to take into account that LPH or Horizontal property law Which indicates that any installation in the building must be To be authorized by one third of the owners. Meaning you can consult the president or the owners community about the installation and it gets voted. If a third of the owner community approves the installation, they will bear the associated expenses. However, if the installation is still refused, we can, in accordance with the Communications Act, claim our right to install. In this case, the expenses will be out of your pocket (if the operator doesn’t take care of it) but you can do it.
Also, it is not necessary to ask for permission from the municipality (if it is not a protected building), the responsible declaration is sufficient.
Without asking permission since 2013
Until 2013, neighboring communities could refuse to install optical fibers in the building, citing all kinds of reasons or blocking wires. But since that year, operators do not need to obtain permission from the public authorities to deploy optical fibers on the street thanks to a change in the law. As we gathered in a 2013 article in ADSLZone: “The operators won’t need it anymore Obtaining a permit from the public authorities To conduct street deployment of optical fibers, it is replaced by a responsible statement from the operator instead. A must for all operators and public bodies Abandon its infrastructure To collaborate in spreading this type of network.
According to the Royal Decree Law 1/1998 regarding infrastructure in buildings to access telecommunications services: «b) In the absence of the infrastructure, the service that the partner owner wishes to access cannot be provided or the new tenant or tenant has not been installed or is not adapted Pre-existing tenant in the aforementioned three-month period, the caller may carry out work that allows him to receive corresponding telecommunications services. If any co-owner or other tenant requests at a later time to benefit from the installation of new shared infrastructures or the adaptation of pre-existing infrastructures that are implemented under this Article, then they may be licensed “(…)
On other interfaces …
Not only will they be able to use neighborhood community interfaces but they can be used Third-party interfaces If there is no other alternative to post. That is, if there is no node in your street number that we can use to contract with fibers, then you can resort to connecting building façades other than building façades in the absence of another solution.
Occupation of private property
If we find a reason why the neighbor doesn’t want the cable to run through their facade (like the one on the ground floor) with the law in hand, the neighbor won’t argue much. If there is no possibility to pass the cable through another internal channel, the interface is the only option left, and it is obligated by law to accept it, as defined in Article 29 of General Communications Law, Law 9/2014, May 9, What. Says:
Operators have the right, under the terms of this chapter, to occupy private ownership when it is absolutely necessary for the installation of the network to the extent provided for in the technical project presented, provided that there are no other technically or economically viable alternatives.
“The facade of the building is not private property”
In addition, the facade of the building is technically not private property, as it is a common element that is part of the community. on the other side, Article 34 say what:
Operators should make use of underground or indoor pipelines that allow the deployment and exploitation of public electronic communications networks. In cases where these pipelines do not exist or their use is not possible for technical or economic reasons, operators may carry out aerial deployments beyond those previously present.
Likewise, in the same cases, operators may deploy cables, equipment that make up public electronic communications networks, and associated resources through interfaces, although they should, as far as possible, use deployments, channels, facilities and pre-installed equipment.
as we see, The operator has the right to run the cable through the interface if no other option is viable, Even if only the neighbor requested service in the entire building.
Facilitate publication as possible
The General Telecommunications Law of 2014 entered into force with the purpose of: The operators will deploy easier, Problems like the ones we mentioned with neighbors will be avoided, in addition to streamlining the deployment process and having the fewest possible obstacles. If the building has ducts intended for wiring, they must go inside. Of not having them and mosquitoes within reach, This can go out without any problem.
If the issue occurs in Single family homesAnd the neighbor doesn’t want to pass through their property, you need permission from the neighbor, although you can also talk to technicians so they can run the cable elsewhere, like they might do an extension in a streetlight or in a telephone pole.
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