What is joint construction?

The Finnish joint construction act entered into force on 1 July 2016. The act contains provisions on the joint use of existing networks and the joint construction of new infrastructure. The act is applied to situations where at least one of the parties is the communications network.

Under the act, all network operators must allow another network operator to use their physical infrastructure as well as agree to another network operator's request on joint construction on fair and reasonable terms. An operator may only refuse the use of infrastructure or a request on joint construction on grounds specified in the act.

The aim of joint construction is to reduce costs for network operators. In addition, joint construction can avoid the inconvenience of multiple excavations for road users and existing networks.

The search for joint construction projects should start with the Verkkotietopiste.fi service. Network operators must share information about their planned construction projects and changes to them in the Verkkotietopiste.fi service as soon as the information is available.

The information must be in the service well in advance of the start of the permit processes concerning the project, so that other network operators have a genuine opportunity to make a request for joint construction in time and the operators have time to plan the project together. 

If the information is not in the Verkkotietopiste.fi service, it must be provided directly at the written request of another network operator. Information can only be refused if it would compromise the security of networks, public or national security, or trade secrets. The parties to the joint construction can agree on the allocation of costs as they wish.

Unless otherwise agreed, the costs will be shared between network operators in proportion to the estimated costs of separate construction. Differences in the construction costs of different types of networks can be caused by, for example, different building and safety regulations.

The division of costs for electricity and telecommunications networks can also use the cost division model to promote joint construction between companies in the sectors. The model was created by FiCom ry and Energiateollisuus ry with their affiliated businesses. The cost division model can be found on Ficom’s website. (External link)

As a rule, joint construction does not affect construction, permit or occupational safety regulations related to the construction or use of networks. After completion of the construction project, each network operator is responsible for maintaining their own network.

Problems with joint construction or agreeing on joint use?

According to the Joint Construction Act, the tasks of the Finnish Transport and Communications Agency Traficom include supervising compliance with the Joint Construction Act and the regulations and decisions issued under it. 

The Agency shall promote cooperation among network operators and aim at resolving disputes between network operators primarily through mediation. 

If necessary, Traficom can also make binding decisions. The Agency shall have access to the information necessary for the performance of its tasks and may also adopt more detailed technical regulations.

In practice, a network operator falling within the scope of the Act may initiate a dispute by contacting Traficom. Enquiries can be made, for example, by contacting the team at the agency by e-mail at yhteisrakentamistiimi@traficom.fi or by contacting an expert (contact details below). 

The proceedings continue with preliminary discussions by identifying the reasons for the disagreements. The law applicable to the activities of the Agency is the Act on the Openness of Government Activities (621/1999). So far, Traficom has not made any appealable decisions under the Joint Construction Act. In principle, in accordance with section 10 of the Act, the Agency seeks to resolve disputes between network operators primarily through mediation.

In order to promote cooperation between network operators and key actors in the application of the law, Traficom has established a joint construction network (External link).

The network is a channel for feedback, cooperation and communication between Traficom and its stakeholders, which promotes co-operation between network operators in the construction and joint use of networks. In addition, Traficom engages in a dialogue on joint use with key actors through its expert team specialized in passive infrastructure. Further information on the operation of the joint construction network and work to promote the joint use of passive infrastructure can be obtained from the Agency's joint construction team.