Regulation (2012:39) On Public Co-Financing Of Projects For The Development Of It Infrastructure

Original Language Title: Förordning (2012:39) om offentlig medfinansiering av projekt för utbyggnad av it-infrastruktur

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Read the untranslated law here: http://rkrattsbaser.gov.se/sfst?bet=2012:39

The scope of the



1 § Support may, in accordance with this regulation and, where

availability of funds provided to co-finance



1. projects to construct, expand or upgrade it

infrastructure with high transfer rate, and



2. projects which create ducting for it infrastructure.



Support may only be provided to comply with the requirement that the

apply for aid under another Regulation (head restraints) should have

a decision to all or part of the public

national co-financing necessary for operation is funded

by other public funds than those provided under the

the regulation.



Support for projects to construct, expand or upgrade

It infrastructure with high transfer rate



section 2 of the Aid may be granted to co-finance projects awarded

head restraints in accordance with Chapter 5. 9 (a) or section 12 of the Ordinance (2007:481)

on support for rural development measures and designed to



1. create or facilitate access to it infrastructure

high transfer rate,



2. upgrade existing it infrastructure with high

baud rate, or



3. developing passive it infrastructure with high

transfer rate.



paragraph 3 of the payments may be provided if



1. the requirements set out in Chapter 5. 9 (b) – 9 (f) and 9 h-10 (a) §§

Ordinance (2007:481) on support for

rural development measures are complied with,



2. other players will be able to access it

infrastructure in an open and non-discriminatory manner,

and



3. kanalisationen is robust and reliable.



Support for projects which create ducting for

It infrastructure



4 § Support may be granted to co-finance projects awarded

the main payments provided for in Regulation (2008:81) on aid for

construction of the ducting.



5 § Support may be provided if



1. the requirements set out in section 2 of the first sentence as well as 3, 4, 6 and

10-12 of the Regulation (2008:81) on aid for the construction of

ducting is met;



2. other players will be able to access it

infrastructure in an open and non-discriminatory manner,

and



3. kanalisationen is robust and reliable.



Application for and payment of aid



section 6 of the application for aid referred to in section 2 shall be submitted to the authority

to examine the issue of head restraints pursuant to Regulation

(2007:481) on support for rural development measures.



An application for the aid referred to in article 4 shall be submitted to the authority

to examine the issue of head restraints pursuant to Regulation (2008:81) if

support to the establishment of the ducting.



section 7 if the authority receives an application for support

According to section 6 considers that there are grounds for granting head restraints,

should the application be submitted to the National Post and Telecom Agency. In other

cases, the authority shall reject the application.



The Swedish post and Telecom Agency hears applications for aid

an authority is in accordance with the first subparagraph.



section 8 aid granted under section 2 shall be paid after accounting

of expenditure actually paid.



Aid granted under section 4 shall be paid after the

the project has been carried out and reported.



An application for payment of assistance under this regulation

be submitted to the authority that decides on the payment of

the head restraint. The authority shall, before payment may be authorised

make sure that the aid is intended purposes and that the applicant

complied with prescribed conditions. If the authority finds that the

deficiencies in these respects, the authority may decide to

not pay the aid and inform postal and

Telecom Agency of its decision.



Other provisions



9 § a beneficiary is obliged to refund if



1. the beneficiary through incorrect or incomplete information

has led to the aid has been granted,



2. the beneficiary otherwise caused to aid

granted for large figure



3. the beneficiary has failed to comply with prescribed conditions, or



4. the aid has been used for anything other than what was intended.



section 10 of the National Post and Telecom Agency to decide to fully or partially

recover the aid paid out if anyone is

the repayment obligation referred to in section 9.



The support referred to in section 2 shall not be made if ten years have passed

from the time when the aid was paid out. Support provided for in article 4 shall not

be recovered when five years have passed since the facility's size has

fixed terminal.



11 § with regard to support for projects to construct, expand

or upgrade it infrastructure with high transfer rate

to the National Post and Telecom Agency, when five years have elapsed from the date of

It infrastructure was put into use, check if the profit for it

infrastructure during the five-year period was higher than the

average earnings in the corresponding sector of the same

period.



If the check shows that the profit of the it infrastructure in

the five-year period has been higher than the average profit

in the corresponding sector in the same period, the postal and

Telecom Agency to recover an amount equal to the

share of the higher profits as corresponds to the level of support for it

infrastructure project.



The Swedish post and Telecom Agency will over a period of seven years from

the it infrastructure was introduced to monitor the pricing

applicable to rental of space in the it infrastructure

having benefited from the aid.



section 12 of the National Post and Telecom Agency will at courts and other

authorities monitor the State's right in respect of a beneficiary.

The Swedish post and Telecom Agency will then remit the State law.



section 13 of the 22 AOF the Administrative Procedure Act (1986:223) provides

If an appeal to the General Administrative Court. Other decisions

than a decision under section 8 should not, however, be appealed.



Transitional provisions



2012:39



1. This Regulation shall enter into force on 15 February 2012.



2. this Regulation shall apply also in cases initiated before

its entry into force.